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Home My WebLink About10-13-2010 Council Meeting COUNCIL MEETING NOTICE and AGENDA WEDNESDAY OCTOBER 13, 2010 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371-A Wilcox Road Lihu`e, Kauai, Hawaii 96766 RECEIVED MEETING CALLED TO ORDER. •10 OCT -7 P4 ,49 ROLL CALL. OFFICE OF COUNTY OFYP(~~rliA2`~~ THE APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Council Meeting of September 29, 2010 COMMUNICATIONS. C 2010-261 Communication (09/30/2010) from the Assistant Chief Procurement Officer, Department of Finance, transmitting for Council information, the FY 10/11 First Quarter Statement of Equipment Purchases C 2010-262 Communication (08/31/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, a resolution establishing stop signs and stop lines within the Konohiki Estates Subdivision, Koloa District. (See Resolution No. 2010-52) C 2010-263 Communication (09/23/2010) from Councilmember Kawakami, providing written disclosure on the record of a possible conflict of interest and recusal on ES-469 relating to Ordinance No. 885 (plastic bag prohibition) posted on the September 29, 2010 Council Meeting Agenda, because of his employment position and family involvement in a retail establishment. C 2010-264 Communication (09/28/2010) from Councilmember Kaneshiro, providing written disclosure on the record of a possible conflict of interest and recusal on Bill No. 2380 (relating to amendments to the subdivision ordinance) posted on the September 29, 2010 Council Meeting Agenda, because he owns property that is currently undergoing consolidation and resubdivision. Council Meeting Agenda 2 October 13, 2010 C 2010-265 Communication (09/28/2010) from the Director of Finance, transmitting for Council consideration, an amendment to Ordinance No B-2010-705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and appropriations estimated in the Liquor Fund, by appropriating $450,000 00 for Claims and Judgments/General Liability (see Proposed Draft Bill (No 2381)) C 2010-266 Communication (09/30/2010) from the Director of Finance, transmitting for Council consideration, an amendment to Ordinance No. B-2010-705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and appropriations estimated in the General Fund, by appropriating $79,555.00 for the Career Criminal Prosecution Program in the Prosecuting Attorney's Office. (see Proposed Draft Bill (No 2382)) C 2010-267 Communication (10/06/2010) from Councilmember Kawakami, providing written disclosure on the record of a possible conflict of interest on PWE 2010-5 and ES-470 (relating to plastic bag reduction) on the October 6, 2010, Public Works/Elderly Affairs Committee Agenda, for reasons stated therein. C 2010-268 Communication (09/25/2010) from the County Engineer, transmitting for Council consideration, an amendment to Ordinance No. B-2010-705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and appropriations estimated in the General Fund, by appropriating $57,300 00 to the Solid Waste Fund for modifications to the Real Property Tax collection software, training support, IP phone, file cabinets, computer with peripherals, and workstation/furniture to support the Solid Waste Residential Collection program. (see Proposed Draft Bill (No. 2383) C 2010-269 Communication (10/05/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, amendments to Resolution No 4 (1988) to eliminate an existing bus stop at 317 Molo Street and relocate it to 257 Molo Street, for health and safety reasons. (see Resolution No. 2010-53) C 2010-270 Communication (09/09/2010) from the Chief, Building Division, Department of Public Works, requesting Council approval to apply for, receive, and spend KIUC grant funds in the amount of $26,000 00 for installing glass tint on the Mo`ikeha Building windows and doors to effectively reduce solar heat absorption and thus reducing energy costs for air conditioning, and which amount will subsidize the required 25% County match for the FEMA Hazard Mitigation Grant Program. C 2010-271 Communication (09/20/2010) from Beth Tokioka, Office of the Mayor, requesting Council approval to contract with and indemnify the State of Hawaii, Department of Health, for the Agency on Elderly Affairs, the Housing Agency, and the Office of Economic Development to provide services detailed in the County's scope of work pursuant to U.S Department of Health and Human Services Grant Award (ARRA Council Meeting Agenda 3 October 13, 2010 of 2009) for the Communities Putting Prevention to Work (CPPW) program, with overall coordination and grant reporting provided by the Department of Finance and the Office of the Mayor C 2010-272 Communication (09/29/2010) from the Prosecuting Attorney, requesting Council approval to expend $1,340 63 from the State Asset Forfeiture Funds to purchase three (3) new bookcases for new attorneys. C 2010-273 Communication (09/29/2010) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend FY 2010 Federal Transit Administration Section 5310 grant funds of $136,000 00 to purchase one (1) wheelchair accessible passenger bus for the County Transportation Agency C 2010-274 Communication (09/30/2010) from the Director of Parks and Recreation, requesting Council approval to expend $10,000 00 from the Parks Special Project Account to purchase Mobi-mats, which will be configured at County parks to provide access at public events from the ADA parking areas to the facility's seating areas and further for persons in wheelchairs, disabled, elderly and with special needs. C 2010-275 Communication (09/30/2010) from the Fire Chief, requesting Council approval to expend $38,199.88 from the Ha`ena Beach Park (Kee Beach) Grant funds to purchase one (1) 2010 FX High output Rescue Jet Ski, one (1) 2010 Galvanized Trailer, one (1) 2010 500ce ATV, one (1) Aluminum ATV Trailer, one (1) Aluminum Beach Cart (jet ski), and associated shipping cost for the Kee Beach Tower C 2010-276 Communication (09/30/2010) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend FY 2010 Federal Transit Administration 5309 State of Good Repair Grant in the amount of $925,000 00 to purchase buses for the County Transportation Agency C 2010-277 Communication (09/30/2010) from the Housing Director, requesting Council approval to decline repurchase of Unit No. 501, Hookena at Puhi, and issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's action, which allows the owner to sell the unit on the open market for a one-year period. C 2010-278 Communication (10/05/2010) from the Prosecuting Attorney, requesting Council approval to expend $2,500 00 from the State Asset Forfeiture Funds to purchase a desk with a return, credenza, and file cabinets for the Prosecuting Attorney's Office. Council Meeting Agenda 4 October 13, 2010 C 2010-279 Communication (09/30/2010) from the Director of Parks and Recreation, requesting Council approval to expend $90,000 00 from the Parks Special Project Account to purchase bleachers for the Kalawai and Koloa Parks. C 2010-280 Communication (09/29/2010) from HSAC President Kawakami, transmitting for Council approval for inclusion in the 2011 Hawaii State Association of Counties (HSAC) Legislative Package, proposals approved by its Executive Committee as follows: a) Proposed Bill for an Act Relating to the Penal Code (replica guns) (Honolulu proposal) b) Proposed Bill for an Act Relating to Nomination Papers (Maui proposal) c) Proposed Bill for an Act Relating to Aquarium Aquatic Life (Maui proposal) d) Proposed Bill for an Act Relating to the EUTF Board of Trustees (Kauai proposal) e) Proposed Bill for an Act Relating to the ERS Board of Trustees (Kaua'i' proposal) f) Proposed Bill for an Act Relating to the Penal Code (assault against firefighters and water safety officers) (Kaua`i'proposal) g) Proposed Bill for an Act Relating to Counties (appointment of county liquor administrators) (Kaua'i' proposal) h) Proposed Bill for an Act Relating to Counties (appointment of county personnel directors of neighbor island counties) (Kaua'i' proposal) i) Proposed Bill for an Act Relating to Housing (HSAC proposal) C 2010-281 Communication (10/07/2010) from Council Vice Chair, requesting the Administration's presence to discuss the status of the Kapaia Swinging Bridge Project. C 2010-282 Communication (09/27/2010) from the County Engineer, requesting to amend Ordinance No. 2010-706, relating to the Fiscal Year 2010-2011 Capital Budget which addresses the appropriation transfer for additional engineering services for the Kapaia Swinging Bridge from the following item in the General Fund, Keapana Bridge Replacement $40,000 to the General Fund-C1P appropriation entitled Kapaia Swinging Bridge $40,000 (see Proposed Draft Bill No 2384) C 2010-283 Communication (09/07/2010) from Councilmember Kawahara requesting agenda time to discuss the County of Kaua`i's sexual harassment and workplace violence policies. Council Meeting Agenda 5 October 13, 2010 LEGAL DOCUMENT- C 2010-284 Communication (10/04/2010) from the County Engineer, requesting authority from the Council to execute the following, which includes an indemnity provision, to determine the feasibility and cost of repairing the Kapaia Swinging Bridge. 1) Right of Entry by Roy Goo, TMK (4) 3-7-004-009-0002. 2) Right of Entry by Haili Moe, Inc., TMK (4)3-7-001-001. COMMITTEE REPORTS. PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE. CR-PWE 2010-6: on PWE 2010-5 Communication (9/29/2010) from Committee Chair Bynum, requesting the Administration's presence to discuss Ordinance No 885, relating to Plastic Bag Reduction. RESOLUTIONS. Resolution No 2010-52, A RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES AT KONOHIKI ESTATES SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2010-53, RESOLUTION AMENDING RESOLUTION NO 4 (1988) DELETING AND ESTABLISHING SCHOOL BUS STOP IN THE KAWAIHAU DISTRICT BILL FOR FIRST READING. Proposed Draft Bill (No 2381) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAi`I, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2017., BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE LIQUOR FUND ($450,000 00 - Claims and Judgments/General Liability) Proposed Draft Bill (No. 2382) - AN ORDINANCE AMENDING 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 ($79,555.00 - Salaries, Prosecuting Attorney's Office) Proposed Draft Bill (No 2383) - AN ORDINANCE AMENDING 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 Council Meeting Agenda 6 October 13, 2010 AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Solid Waste Appropriation, Other Services $50,000, Computer Peripherals/Supplies $2,400 and Controlled Assets $4,900) Proposed Draft Bill (No. 2384) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-706 AS AMENDED, RELATING TO THE CAPITAL 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 (Kapaia Swinging Bridge $40,000) 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- ADJOURNMENT 1lTOTE . If the Council ,is not fsnishedwith th s meeting by approximately Z 30 p xn xt wall eeess £or publ,'ic hearings on tlxe following After the; gublxc hearings,}the Couucxl wxLf reconiene to complete any Ili i liusines`s.J r Bale No 2376 A BIL7 FOR AN ORDINANCE TO AiG1END CHAZ'TFR $,-;K4UAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE CON17'REHENSIUE .20 VING' For complete information izicluding a ffi#1ary of tl}e iteiii, please refer to the official:` Nonce of ~'ibhc Hearing Tle official lyotzce of Public Heari~ig li'as been pubhshect posted " on the bulletin board and' filed xn tie Ce unty Clerks Office 'as xequired by law Notwithstanding this Council Agenda; the Council may hold a public hearing on any itexri' wti7ch has`been posted xn advance in compLi ante with the Sunshine Lbw 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