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Home My WebLink About04-28-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA D WEDNESDAY APRIL 28 2010 9:00 A.M. OR SOON THEREAFTER 10 APR 22 P4 .50 COUNCIL CHAMBERS 3371-A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. COMMUNICATIONS. C 2010-104 Communication (03/31/2010) from the Manager and Chief Engineer of the Water Department, transmitting for Council information the Department of Water's quarterly financial reports as of December 31, 2009, pursuant to Section 17 03A of the Kauai County Charter- • Statement of Revenues and Expenditures (Water Utility Fund) • Status of the Budget (Water Utility Fund) • State Appropriations • Statement of Revenues and Expenditures (Facilities Reserve Charge Fund) • Status of the Budget (Facilities Reserve Charge Fund) • Statement of Revenues and Expenditures (Bond Fund) • Status of the Budget (Bond Fund) C 2010-105 Communication (03/31/2010) from the Director of Finance, transmitting for Council information Period 8 Financial Reports - Statement of Revenues as of February 28, 2010, pursuant to Section 17 and Section 20 of the Operating Budget Ordinance (B-2009-690) [Statement of Revenues (Estimated and Actual), Revenue Report (Listing), Statement of Expenditures and Encumbrances, and Detailed Budget Report are on file in the County Clerk's Office.] C 2010-106 Statement of Condition of the County Treasury as of February 18, 2010 C 2010-107 Communication (03/15/2010) from the Chief of Wastewater Management, requesting Council consideration of a proposal to revise Chapter 25, Kauai County Code (Sewer Ordinance) that includes changes to the County Sewer Rates and Charges, as well as other updates and recommended modifications. (See Proposed Draft Bill No. 2363) Council Meeting Agenda 2 April 28, 2010 C 2010-108 Communication (04/01/2010) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for March 2010- (1) Building Permit Processing Report (2) Building Permit Estimated Value of Plans Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2010-109 Communication (02/18/2010) from the Chief of Police, requesting Council approval to accept and expend a $38,910.00 OVW (Office on Violence Against Women) STOP Violence Against Women Formula Grant from the State of Hawaii, Department of the Attorney General's Office, Crime Prevention and Justice Assistance Division for training relating to investigating sexual assault crimes, covering the term March 1, 2010 to March 31, 2011, and to indemnify the State of Hawaii, Department of the Attorney General's Office in this matter C 2010-110 Communication (03/30/2010) from the Chief of Police, requesting Council approval to accept a donation of a new mascot costume valued at $1,600 00 from the McGruff Safe Kids Total Identification System of Hawaii, which will be used to promote the Safe Kids Total Identification System. C 2010-111 Communication (04/12/2010) from the Executive Assistant to the Mayor, requesting Council approval to apply for, accept and expend a $250,000 00 Preserve America program grant to fund. (1) $210,000 00 to create a master plan for the Kaneiolouma Heiau complex in Po`ipu, which would be managed by the Department of Parks and Recreation with the assistance of the Office of Economic Development and the Planning Department, and (2) $40,000 00 for finalizing and printing a book that documents the historic resources of Lihu`e town, which will be managed via a subgrant to the Kauai Historical Society C 2010-112 Communication (04/12/2010) from the Executive Assistant to the Mayor, requesting Council approval to accept and expend a National Oceanic and Atmospheric Administration (NOAA) Mini Grant in the amount of $3,000 00 to commemorate Earth Day, which will be used to replace two interpretive signs at the Menehune Fishpond lookout along Hulemalu Road. Council Meeting Agenda 3 April 28, 2010 C 2010-113 Communication (04/13/2010) from the Director of Housing, requesting Council approval to acquire three (3) residential units, under the County's Neighborhood Stabilization Program (NSP) Foreclosure Acquisition, Rehabilitation and Resale Project, with funds appropriated by the State in July 2009, at the contracted offer prices subject to the one-percent (1%) discount based on receipt of the appraisals, situated at (1) 4208 Mano Street, Lihu`e, Hawaii, TMK. (4) 3-3-015-077 ($325,000 00); (2) 3874 Hunakai Street, Lihu`e, Hawaii, TMK. (4) 3-3-008-019 ($399,000 00); and (3) 2242 Ioela Street, Kilauea, Hawaii, TMK. (4) 5-2-015-102 ($341,600.00), and to authorize the County Clerk to sign any and all related legal documents. C 2010-114 Communication (04/14/2010) from the Director of the Housing Agency, requesting Council approval to decline its repurchase right to buy back Unit No. 41, Villas at Puali, located at 1981 Hokunui Place, Lihu`e, Hawaii 96766 and that the Housing Agency issue the owners a one- year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting the owner to sell the unit on the open market for a period of one year CLAIMS C 2010-115 Communication (03/18/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Melva J B. Arakaki for damage to her rock wall, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-116 Communication (04/12/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Hiett Ward for personal property damage, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-117 Communication (04/16/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by the Kauai Humane Society for damage to its vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: BUDGET & FINANCE COMMITTEE REPORTS: CR-B&F 2010-08: on Bill No. 2347 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL FUND [Approved as Amended.] Council Meeting Agenda 4 April 28, 2010 CR-B&F 2010-09: on Bill No. 2351 AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SEWER FUND (<$171,957> Unappropriated Surplus Fund Equity; <$171,957> SRF Loan Payments) [Approved.] CR-B&F 2010-10: on Bill No. 2352 AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Solid Waste Fund) [Approved.] CR-B&F 2010-11: on Bill No 2353 AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Golf Fund) [Approved.] PARKS/TRANSPORTATION COMMITTEE REPORT: CR-PKT 2010-01: on C 2010-83 Communication (04/05/2010) from Councilmember Lani T Kawahara, requesting the presence of the Director of Parks & Recreation to discuss the results of the "Shared Use Path Survey " [Received for the Record.] PLANNING COMMITTEE REPORT: CR-PL 2010-09: on Bill No. 2318, Draft 1 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) [Approved as Amended.] Council Meeting Agenda 5 April 28, 2010 RESOLUTION. Resolution No 2010-30, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Reidy Huddy-Yamamoto) (Deferred 0311712010 pending interview) BILL FOR FIRST READING Proposed Draft Bill No. 2363 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS IT RELATES TO SEWERS BILLS FOR SECOND READING Bill No. 2318, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (The Planning recommended approval of Bill No. 2318, Draft 1, as amended to Bill No. 2318, Draft 2, see CR-PL 2010-09) Bill No. 2347, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL FUND (The Budget & Finance recommended approval of Bill No. 2347, as amended to Bill No. 2347, Draft 1, see CR-B&F 2010-08) Bill No. 2351 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SEWER FUND (<$171,957> Unappropriated Surplus Fund Equity; <$171,957> SRF Loan Payments) (The Budget & Finance Committee recommended approval of Bill No. 2351, see CR-B&F 2010-09) Bill No. 2352 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Solid Waste Fund) (The Budget & Finance committee recommended approval of Bill No. 2352; see CR-B&F 2010-10) Bill No. 2353 - AN ORDINANCE AMENDING ORDINANCE NO B-2009- 690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Golf Fund) (The Budget & Finance Committee recommended approval of Bill No. 2353, see CR-B&F 2010-11) Council Meeting Agenda 6 April 28, 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.) ADJOURNMENT 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.