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Home My WebLink About01-21-2010 Council Agenda COUNCIL MEETING NOTICE and AGENDA THURSDAY, JANUARY 21, 2010 '10 JAN 15 r,:44 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meeting of the Council: Public Hearing of December 16, 2009, re: Bill No. 2339 COMMUNICATIONS: C 2010-15 Communication (01/07/2010) from the Director of Finance, transmitting for Council information Period 5 Financial Reports - Statement of Revenues as of November 30, 2009. [Statement of Revenues (Estimated and Actual), Revenue Report (Listing), Statement of Expenditures and Encumbrances, and Detail Budget Report on file in the County Clerk's Office.] C 2010-16 Communication (12/23/2009) from the Chief of Wastewater, Department of Public Works, requesting Council approval to replace the influent flow meter at the Lihu`e Wastewater Treatment Plant (WWTP) at a cost of approximately $25,000.00, provided by funds available in the Wastewater Division Equipment Repair and Maintenance account. C 2010-17 Communication (12/23/2009) from the Chief of Wastewater, Department of Public Works, requesting Council approval to replace the influent flow meter at the `Ele'ele Wastewater Treatment Plant (WWTP) at a cost of approximately $6,500.00, provided by funds available in the Wastewater Division Equipment Repair and Maintenance account. Council Meeting Agenda 2 January 21, 2010 C 2010-18 Communication (12/30/2009) from the Director of Housing, requesting Council approval for the Kauai County Housing Agency to provide site control of the project site for Pa`anau Village - Phase 2 to the Kauai Housing Development Corporation in order to secure financing to develop a 50-unit affordable rental project in K61oa. CLAIMS- C 2010-19 Communication (12/29/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by AIG Hawal`i Insurance as subrogee for Marvin Terada for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-20 Communication (01/04/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Michael G. Koerte for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS. BUDGET & FINANCE COMMITTEE REPORT: CR-B&F 2010-01: on C 2009-394 Statement of Condition of the County Treasury as of September 10, 2009. [Received for the record.] PLANNING COMMITTEE REPORTS: CR-PL 2010-01: on Bill No. 2317, Draft 3 A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 28, CHAPTER 8, KAUA`I COUNTY CODE 1987, RELATING TO SMALL WIND ENERGY CONVERSION SYSTEMS [Received for the record.] CR-PL 2010-02: on Bill No. 2329 A BILL FOR AN ORDINANCE WENDING ORDINANCE NO. PM- 228-91, RELATING TO GENERAL PLAN DESIGNATION IN KILAUEA, KAUAI (County of Kauai, Applicant) [Approved as amended.] CR-PL 2010-03: on Bill No. 2340 A BILL FOR AN ORDINANCE RELATING TO ZONING DESIGNATIONS IN ORDINANCE NO. PM-229-91; KILAUEA, KAUAI (County of Kauai, Applicant) [Approved.] Council Meeting Agenda 3 January 21, 2010 CR-PL 2010-04: on Bill No. 2328 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM- 227-01, RELATING TO STATE LAND USE DISTRICT BOUNDARY IN KILAUEA, KAUAI (County of Kauai, Applicant) [Approved.] PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: CR-PWE 2010-01: on Bill No. 2332 A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 6, KAUAI COUNTY CODE 1087 RELATING TO THE ENERGY CODE [Approved as amended.] PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-SEI 2010-01: on Bill No. 2336, Draft 1 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE TRAFFIC CODE [Approved as amended.] RESOLUTIONS: Resolution No. 2010-09, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Dennis P. Aquino, First Term, Fire) Resolution No. 2010-13, RESOLUTION AMENDING RESOLUTION NO. 2009-08 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE COST CONTROL COMMISSION (Linda Faye Collins, replacing Lorna A. Nishimitsu) BILLS FOR SECOND READING: Bill No. 2317, Draft 3 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 28, CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO SMALL WIND ENERGY CONVERSION SYSTEMS (The Planning Committee recommended receipt of Bill No. 2317, Draft 3 for the record; see CR-PL 2010-01.) Bill No. 2328 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-227-91, RELATING TO STATE LAND USE DISTRICT BOUNDARY IN KILAUEA, KAUAI (County of Kauai, Applicant) (The Planning Committee recommended approval of Bill No. 2328 on second and final reading; see CR PL 2010-04) Council Meeting Agenda 4 January 21, 2010 Bill No. 2329, Draft 1 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-228-91, RELATING TO GENERAL PLAN DESIGNATION IN KILAUEA, KAUAI (County of Kauai, Applicant) (The Planning Committee recommended approval of Bill No. 2329 as amended to Bill No. 2329, Draft 1 on second and final reading; see CR PL 2010-02) Bill No. 2332, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 6, KAUAI COUNTY CODE 1987 RELATING TO THE ENERGY CODE (The Public Works/Elderly Affairs Committee recommended approval of Bill No. 2332 as amended to Bill No. 2332, Draft 1 on second and final reading, see CR-PWE 2010-01) Bill No. 2336, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE TRAFFIC CODE (The Public SafetylEnergyllntergovernmental Relations Committee recommended approval of Bill No. 2336, Draft 1 as amended to Bill No. 2336, Draft 2 on second and final reading; see CR-SEI2010-01) Bill No. 2340 - A BILL FOR AN ORDINANCE RELATING TO ZONING DESIGNATIONS IN ORDINANCE NO. PM-229-91; KILAUEA, KAUAI (County of Kauai, Applicant) (The Planning Committee recommended approval of Bill No. 2340 on second and final reading; see CR PL 2010-03) 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-419 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 relating to the proposed adoption of Bill 2298 and certain provisions of ordinance nos. 864 and 876. 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. Council Meeting Agenda 5 January 21, 2010 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. Resolution No. 2003-71, RESOLUTION ADOPTING THE INTEGRATED SOLID BASTE I MANAGEMENT PLAN UPDATE FOR THE COUNTY OFKAUA`I For complete information, including a summary of the item, please refer to the official Notice 1 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO.241-637 .