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Home My WebLink About06-23-2010 Council Meeting Agenda RECEIVED COUNCIL MEETING NOTICE and AGENDA WEDNESDAY JUNE 23 2010 9:00 A.M. OR SOON THEREAFTER 10 ,fit 17 P4'05 COUNCIL CHAMBERS 3371-A Wilcox Road OFFIC'r C Lihu`e, Kauai, Hawaii 96766 THE COUNTY CLERK COUNTY OF KAUA'l MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Public Hearing of May 5, 2010 re. Bill No. 2356, Bill No. 2357, and Resolution No. 2010-33 Council Meeting of May 26, 2010 Public Hearing of May 26, 2010 re. C 2010-130 Special Council Meeting of June 16, 2010 COMMUNICATIONS. C 2010-161 Communication (05/13/2010) from the Director of Personnel Services, transmitting for Council information, the Third Quarter Reports (January - March) relating to vacancies, new hires, reallocations, promotions, and positions established, pursuant to Section 20 of the County Budget Ordinance. C 2010-162 Communication (05/20/2010) from the Chief of Engineering, Department of Public Works, requesting Council approval of a traffic resolution that establishes a school zone and a speed limit of 15 miles per hour for the entire length of Kress Street, Halenani Street and a portion of Kalena Street in Lihu`e for the Ae Kamali`i School located at 2943 Kress Street. (See Resolution No. 2010-36) C 2010-163 Communication (05/20/2010) from the Chief of Engineering, Department of Public Works, requesting Council approval of a traffic resolution that establishes no parking at any time along Papalina Road in the vicinity of Alelo Road to minimize obstructing the line of sight of motorists turning onto Papalina Road from Alelo Road. (See Resolution No. 2010-37) Council Meeting Agenda -2- June 23, 2010 C 2010-164 Communication (06/03/2010) from the Director of Finance, transmitting for Council information, the Period 10 Financial Reports - Statement of Revenues as of April 30, 2010, pursuant to Section 17 and Section 20 of the Operating Budget Ordinance (B-2009-690) (Statement of Revenues - Estimated and Actual, Revenue Report - Listmg, Statement of Expenditures and Encumbrances, and Detail Budget Report are on file in the County Clerk's Office.) C 2010-165 Communication (06/09/2010) from Council Vice Chair Jay Furfaro, requesting the Administration's presence to discuss the status and update of the Host Community Benefits Program. C 2010-166 Communication (06/15/2010) from the Director of the Office of Economic Development, requesting agenda time to present the Final Kauai Energy Sustainability Plan (KESP) and Recommendations. C 2010-167 Communication (06/01/2010) from Councilmember Tim Bynum, requesting Council approval to accept his donation of an HP Laser Jet 1022 Printer to the Office of the County Clerk - Council Services Division, an approximate value of $300 00, to be located in his office for use by all Councilmembers. C 2010-168 Communication (06/09/2010) from the Director of Parks and Recreation, requesting Council approval of the Ho`olokahi Program Grant Application for $3,000 00 submitted by the West Kauai Business & Professional Association (WKBPA) to purchase and install a permanent sign within the "Welcome Wall" at Hofgaard Park in Waimea. C 2010-169 Communication (06/15/2010) from the Director of Economic Development, requesting Council approval to receive and expend funds annually awarded through Agreements for Health and Human Services with the State of Hawaii, Department of Labor & Industrial Relations for the Adult, Dislocated Worker, & Youth Programs funded under Title I of the Workforce Investment Act of 1998, and to indemnify the State of Hawaii for the same as described in the indemnification clause included in each contract associated with this program. LEGAL DOCUMENTS: C 2010-170 Communication (06/15/2010) from the Director of Economic Development, requesting Council approval to execute Amendment No. 1 to Contract No. 8295 (lease to the State of Hawaii, Department of Accounting and General Services for premises at the Pi`ikoi Building, 4444 Rice Street, Suite 302 for Workwise! One Stop Job Center), and to indemnify the State of Hawaii regarding the same Amendment No. 1 to Contract No. 8295 (extends the early occupancy date to March 1, 2010, the commencement date to April 1, 2010, and the expiration date to February 28, 2018) Council Meeting Agenda -3- June 23, 2010 CLAIMS. C 2010-171 Communication (06/02/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Rick K. Oshita for physical injury and damage to his scooter, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-172 Communication (06/02/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Kai Palama for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-173 Communication (06/03/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Shane N Matias for physical injury, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: CR-PWE 2010-08: on PWE 2010-4 Communication (6/8/2008) from Committee Member Jay Furfaro, requesting the presence of the Administration to discuss the status of repairs to the staircase at the intersection of Olohena Road, the Kapa`a Bypass, and Opala Road, in addition to striping a crosswalk near the vicinity of the Kapa`a Roundabout. [Received for the record.] COMMITTEE OF THE WHOLE. CR-COW 2010-01: on Bill No. 2346 A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1 KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO THE CODE OF ETHICS [Received for the record.] RESOLUTIONS. Resolution No 2010-35, RESOLUTION REQUESTING THE MAYOR TO CONSIDER INCLUDING THE COUNCIL OF THE COUNTY OF KAUAI IN THE IMPLEMENTATION OF THE KAUAI ENERGY SUSTAINABILITY PLAN (Deferred 61912010) Resolution No. 2010-36, RESOLUTION ESTABLISHING A SCHOOL ZONE 15 MPH SPEED LIMIT FOR KRESS STREET, HALENANI STREET AND PORTION OF KALENA STREET IN THE LIHU'E DISTRICT, COUNTY OF KAUAI Council Meeting Agenda -4- June 23, 2010 Resolution No. 2010-37, RESOLUTION ESTABLISHING NO-PARKING AT ANY TIME ALONG A PORTION OF PAPALINA ROAD, KOLOA DISTRICT, COUNTY OF KAUAI BILLS FOR SECOND READING Bill No. 2318, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (Deferred 61912010) Bill No. 2346 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1 KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO THE CODE OF ETHICS (The Committee of the Whole recommends that Bill No. 2346 be received for the record, see CR-COW 2010-01) EXECUTIVE SESSION Pursuant to Haw Rev Stat. ('H.R.S. §92-7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-448 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim, and evaluate employees' ability to return to work. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-449 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim, and evaluate employees' ability to return to work. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Meeting Agenda -5- June 23, 2010 ES-450 Pursuant to Haw Rev Stat. sections 92-4, 92-5(a)(2), (4) and (8), and Kauai County Charter §3.07(E), the purposes of this executive session are to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved and associated matters relevant to the activities of the personnel gratis consultant. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-451 Pursuant to Haw Rev Stat. sections 92-4, 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide a briefing regarding legal issues related to the implementation of Kauai County Charter Section 3.19 This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and /or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No: 2364 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Planning Commission Recommendation) For complete information, including a summary of the item, please refer to the official Notice of Public Hearing. The official Notice of Public Hearing has been published, posted on the bulletin board, and filed in the County Clerk's Office as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on any item which has been posted in advance in compliance with the Sunshine Law NOTE. SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 3371-A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO. 241-4188