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Home My WebLink About11-10-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY NOVEMBER 10, 2010 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371-A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. 10 NOV -4 P5:15 ROLL CALL. OFFICE. v' THE COUNTY Ct.F'" I; COUNTY OF KAUA APPROVAL OF AGENDA. MINUTES of the following meeting of the Council. Council Meeting of October 27, 2010 Special Council Meeting of November 4, 2010 COMMUNICATIONS: C 2010-267 Communication (10/13/2010) from the Mayor, transmitting for Council information, the Fiscal Year 2010 Fourth Quarter Report for the Kauai Humane Society, pursuant to Contract 46787 Item (5) Also included is a copy of the Field Services Statistics and Animal Statistics. C 2010-268 Communication (10/12/2010) from the Director of Parks and Recreation, informing the Council that the Department of Parks and Recreation will be transferring funds from the Truck Driver Position #1345 to the vacant Park Caretaker I Position #1962 for the Kapa`a New Park, and will dollar fund the truck driver position. C 2010-269 Communication (10/13/2010) from the Chief of Police, requesting Council approval to indemnify Medical Priority Consultants, Inc., DBA Priority Dispatch Corp., for an Annual Client License and Service Agreement for Priority Dispatch Systems Licensed Products ProQA Medical Version Number 3.4.3 14 or latest, MPDS Cards Version Number 12.0 or latest, and AQUA Version Number 5 1. or latest and product service and customer support. C 2010-270 Communication (10/15/2010) from the Chief of Engineering, transmitting for Council consideration a resolution for the closure of Hala Road at its intersection with Kaumuali`i Highway (See Resolution No. 55) Council Meeting Agenda 2 November 10, 2010 C 2010-271 Communication (10/25/2010) from the Director of Economic Development, requesting Council approval of the indemnification provision contained in the Kauai Island Utility Cooperative (KIUC) Interconnection Agreement, Schedule Q Modified Agreement and Rider S Contract for Standby Sales for County renewable energy projects. C 2010-272 Communication (11/01/2010) from the HSAC President, transmitting for Council consideration for inclusion in the 2011 HSAC Legislative Package. • House Resolution, URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAI`l TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. • House Concurrent Resolution, URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. • Senate Resolution, URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. • Senate Concurrent Resolution, URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAI`l TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX LEGAL DOCUMENT: C 2010-273 Communication (11/03/2010) from the Mayor, recommending for Council approval a Fifth Amendment to Housing Agreement (Kaua`i Lagoons), the purpose is to release certain units at the Courtyards at Waipouli Project (which are being held for higher income families but which are currently vacant) from the requirements of the original Kauai Lagoons Affordable Housing Agreement. RESOLUTION Resolution 2010-55, RESOLUTION AUTHORIZING CLOSURE OF HALA ROAD AT ITS INTERSECTION WITH KAUMUALII HIGHWAY, LIHU`E DISTRICT BILLS FOR FIRST READING Proposed Draft Bill (No. 2385) - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO B-2010-705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($90,211 - County Auditor) (Deferred 1012712010) Council Meeting Agenda 3 November 10, 2010 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-472 Pursuant to Haw Rev Stat. sections 92-4 and 92-5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and request for authority to settle a portion of claim pursuant to Section 431.10C-304, Hawaii Revised Statutes, filed against the County by Shane N Matias on June 2, 2010, and related matters. 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. ADJOURNAMENT. NOTE'c 1f'the Council',is iiot finished' with this xneetiug by approixnately, 1:30 p.ria it . Will iece.ss>for pulAic;hearirigs on the1d1loWhig. After the.public,hearings;ah_ e Cbuncxl wxll`xecon¢'e"rie to,complete any unfinisheal.busxness. BilT No: 2381: AN ORDINANCE AMENDING ORDINANCE NO. ) 201, 64V5,A'S .AIVIENZJED; ItEEATING ZO THE OPER4TIIVG BUDGET OF THE COUNTY OF KAU9;1. STATE 0F.FIAWA7I;,: FQI2.:THE FZSGAI XEAl? JUL'Y'l;;'201.0 THROUGH JUNE' 30, 2011 BY REVISXNG THE S7RPLUS AND`APPROPRL91lONS ESTIMATED . IN THE LIQUOR FUND ($450,000 00 Claims and Judgments%General.LLabLlity): :3W No. -2382 , AN ORDINANCE; A712ENDIN •ORDINANCE NO , B-2016-765:48 ' A3GlENDED; RELATING.' TO TIIE '.OPERATING ,BUDGET OF THE"GOUNTY 'bF KAZ77 ;STATE•.OF HAWAII,.FOR:7HE;FISAL .1 EATt.J.I7L1 :1, ,201'OTIIR'OUGFI.JUNE 30; 2011 BY, REUISLiVG THE St9RPLUS-: 4ND APPROPRL4TIOtI S ESTIMATED . 7NTFIE`'GENERAL FUND':(X79;5,55:00'-Salriries;:ProsecutingAttorrzey.'s,Office) Bitl.Na.:2383 AN"OItZ)INAIVOE AlIIENDING; ORDIIVAN(>E NOr B 20111.-,mD .A,S',AMENDED,' .RELATING TO TILE :O€'ERATING 73UDGET OF THE COUNTY Ox' SAIIAI STATE.OF FIAWAII;.;FOR..THE-•,E75CAL'..YEAR ; U,LY 1;, 2oh4HR.OUGX3 JUNE',,. 30;.:2011 .BY.RAISi1VG THE S6tPX%Y7S-AND,APFROPRL4TIOIVS,:FSTIMATED 771t' THE GENERAL F(JND (Solid Waste; Appropriation, Other Services $60,0.00; ~'omput`er'Periph'er'als/Supplies $2;:40.0 aiid'G'ontrotled,Assets'$:4 90D) Bill:No. 2384 -,AM. ORDINANCE: 91VIENDING ..ORDINAN P N0, 132#30=70' AS? AMEND,E,D; RELATING' TO THR CAPITAL. 73zJDGET'QF,THE'COUIVTY,`OF KA.ITAl, STA? E: F (A O AI.7; "FOR'`THI ;:kISCAL YEAEi J' lEY 1;;20.10:TIIRO7JGH JITNE 30,'.201;1y+ BY:REUI$ZNG TIIE:;SURPLUS AND At?PR01?RZAIIQIVS ES7ZMATEb IN Tl3E ; GENERA,FUND:(Iapccia:S u:Cngc',n2Brge $40;0.00),' Far eoinplets xnformatxoii xnda'dirig a +susnmary=o# ,the:_ item, l Ie- ass refer to .t,he official~ . , : Notxee of ; Publrc llearxrig: The official Notice of 1'iibixc Flearing has beenublishecl posted' on the bulletin', 11 1 board,.:azid`file _ my Clexk'.s: Offiee as::regWwe, liy law 'Kb Vitlistanding:thi's "Couneil; d:m the Cou Agenda, the Counexl may hold a:'publxc'liearxzxg on:.any Aeiri.whxclx ha's been; posted ni: ad, ahc& ' in comp3ia nce with,'t]ie; S"uzxsiune ,Lava. Council Meeting Agenda 4 November 10, 2010 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