HomeMy WebLinkAbout03-13-2009 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
FRIDAY, MARCH 13, 2009
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4,396 Rice Street, Room 201
Lihu e, Kaua i, Hawai i
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council.
Special Council Meeting of February 25 2009 (Interviews)
Public Hearing of February 25 2009 re Bill No 2802
Council Meeting of February 25 2009
Special Council Meeting of March 4 2009
COMMUNICATIONS
C 2009-100 Communication (02/04/2009) from Mr Kekane Pa, along with
Mr Henry Noa, requesting agenda time to inform the Council of the
Reinstated Hawaiian Government process
C 2009-101 Communication (02/06/2009) from the Director of Finance
transmitting for Council information the Period 5 Financial Reports -
Statement of Revenues as of November .30 2008 (Statement of
Revenues-Estimated and Actual (Listing), Statement of
Expenditures and Encumbrances (Listing), Revenue Report
(Listing), and Detail Budget Report (Listing) on file in the
County Clerk's Office.)
Council Meeting Agenda 2 March 1.3 2009
C 2009-102 Communication (02/10/2009) from the Chief, Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for January 2009 that includes
the following items
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Sununary
3) Building Permits Tracking Report
4) Building Permits Status
C 2009-10.3 Communication (02/12/2009) from Roger Caires Open Space
Commission Chair submitting the Commissions 2007 and 2008
Report to the County for the Public Access Open Space, and Natural
Resources Preservation Fund and the 2007 Public Input Process
Survey Results (Copies on file in the County Clerk s Office.)
C 2009-104 Communication (02/18/2009) from the County Engineer transmitting a
request to transfer $400 000 by revising the surplus and
appropriations estimated in the Solid Waste Fund to Other Supplies
for the purchase of 4 000 bins for the Automated Refuse Collection
Program. (See Proposed Draft Bill No. 2304)
C 2009-105 Conununication (02/20/2009) from the Director of Finance
transmitting for Council information the Period 6 Financial Reports -
Statement of Revenues as of December 31 2008 (Statement of
Revenues-Estimated and Actual (Listing), Statement of
Expenditures and Encumbrances (Listing), Revenue Report
(Listing), and Detail Budget Report (Listing) on file in the
County Clerk's Office.)
C 2009-106 Communication (02/25/2009) from the Director of Personnel Services
transmitting for Council information, the following classification
requests which the Department of Personnel Services will be reviewing
and taking appropriate action on.
• Police Department, Position No 521 and Position No 599
(Present Class of Police Office II to Police Officer I)
• Police Department, Position No 521 Position No 549 and
Position No 599 (Present Class of Police Officer I to Police
Service Officer)
C 2009-107 Conununication (02/27/2009) from the Director of Finance
transmitting a request to appropriate $1.85 million from the surplus
and appropriations estimated in the Public Access Fund to purchase a
parcel of land adjacent to Black Pot Beach Park for park expansion
purposes (See Proposed Draft Bill No. 2305)
Council Meeting Agenda .3 March 1.3 2009
C 2009-108 Communication (02/02/2009) from the Chief of Police, requesting
Council approval to accept, expend, and indemnify the Hawai i
Community Foundation Ice Task Force Grant in the amount of
$221,950 which is funded by the United States Department of Justice
through the Hawai i Community Foundation and will pay for the
Kauai Police Departments role in the County of Kauai s
Methamphetamine initiative.
C 2009-109 Communication (02/27/2009) from Derek S.K. Kawakami, Hawaii
State Association of Counties (HSAC) Vice-President, informing the
Council that at its HSAC Executive Conunittee meeting held on
February 23 2009 the Conunittee requested that each County Council
vote on whether to reinstitute a second conference for HSAC
LEGAL DOCUMENTS
C 2009-110 Conununication (01/03/2009) from the Chief of Police, requesting
Council approval to indemnify Simplex(xrinnell LP for an Annual
Service Agreement to test and inspect the Departments Access Control
System as well as troubleshoot and diagnose any Access Control
System problems used throughout the Ka Hale Maka i O Kaua i
building-
Annual Service Agreement by and between Kauai Police
Department and SimplexGrinnell LP (Company) which is
effective on May 1 2009 to April 30 2010
C 2009-111 Communication (03/05/2009) from the Mayor recommending Council
approval for two (2) legal documents relating to the Ele ele I Luna
Subdivision which will consolidate a portion of Mehana Road and Lot
10 and Subdivision of Said Consolidation into Lots 1 to 20 Inclusive
and Designation of Easements AU-1, AU-2 W-1 G-1 E-1 and E-2
Being Portion L.C Award 7712.5 Ele ele, Wahiawa, Koloa, Kauai,
Hawai i (5-2004-29 Kaua i Habitat for Humanity)
1) QUITCLAIM & WARRANTY DEED (between County and
Kaua i Habitat for Humanity Applicant) conveyance
involving a portion of the Mehana Road right-of-way that
was abandoned through Resolution No 2006-17 The
abandoned portion of the roadway has been consolidated
into Lots 17 & 18 of the subdivision.
2) DEDICATION DEED (from Applicant) conveying a
roadway lot (Lot 19) to the County of Kauai for roadway
improvements to Mehana Road.
CLAIMS
C 2009-112 Conununication (02/17/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by Bernardino Sagucio for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
Council Meeting Agenda 4 March 1.3 2009
C 2009-11.3 Communication (02/27/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by Alison J Sanchez for false
arrest and prosecution, pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
BUDGET & FINANCE COMMITTEE REPORTS:
CR-B&F 2009-05: on Bill No 2299 AN ORDINANCE AMENDING ORDINANCE NO 13-
2008-672 AS AMENDED RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF
KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2008 THROUGH JUNE 30, 2009, BY
REVISING THE SURPLUS ESTIMATED IN THE
GENERAL FTTND (Appropriation of $40,203 from the
General Fund to Building Lease, Fire)
[Approved.]
CR-B&F 2009-06: on Bill No 2302 AN ORDINANCE AMENDING ORDINANCE NO 13-
2008-673 AS AMENDED RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL YEAR JTTLY
1, 2008 THROUGH JUNE 30 2009, BY REVISING
THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FTTND ($900000-
New Kapa'a/Kealia Fire Station Off-Site Waterline)
[Approved.]
PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL
RELATIONS COMMITTEE:
CR-SEI 2009-03: on SEI 2009-1 Communication (2/2/20091 from Committee Chair
Kawakami, requesting that the Director of Parks 3
Recreation be present to provide an update and
comprehensive overview of the County s Habitat
Conservation Plan which should include, but not be
limited to, steps for dealing with Shearwaters, the
areas that are affected, the process to follow when
constructing new improvements, financial impacts, if
any etc. (Deferred 0212512009)
RESOLUTIONS
Resolution No 2009-29 RESOLUTION AUTHORIZING LIMITED
EXEMPTION FROM H.R.S CHAPTER 514B FOR HAOA STREET AFFORDABLE
HOUSING PROJECT (Deferred 211112009)
Council Meeting Agenda 5 March 1.3 2009
BILLS FOR FIRST READING
Proposed Draft Bill No 2304 - AN ORDINANCE AMENDING ORDINANCE
NO B-2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY
1 2008 THROUGH JUNE .30 2009 BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND (Appropriation
of $400 000 from the Solid Waste Fund to Other Supplies for purchase of 4 000 bins
for the Automated Refuse Collection Program)
Proposed Draft Bill No 2305 - AN ORDINANCE AMENDING ORDINANCE
NO B-2008-673 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1 2008 THROUGH JUNE 30 2009 BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE PUBLIC ACCESS FUND
(Appropriation of $1.85 million from the Public Access Fund to Black Pot Beach
Park Expansion-Land Acquisition)
BILLS FOR SECOND READING
Bill No 2299 - AN ORDINANCE AMENDING ORDINANCE NO
B-2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1 2008 THROUGH JUNE .30 2009 BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Appropriation of $40,20.3 from the
General Fund to Building Lease Fire) (See CR-B&F 2009-05, Budget & Finance
Committee recommended approval)
Bill No 2302 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-
673 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY
OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2008
THROUGH JUNE .30 2009 BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($900000-New
Kapa a/Kealia Fire Station Off-Site Waterline) (See CR-B&F 2009-06, Budget &
Finance Committee recommended approval)
Council Meeting Agenda 6 March 1.3 2009
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
H.R.S §92-5(a) and Kauai County Charter §3 07E. (Confidential reports on file in
the County Attorneys Office and/or the County Clerks 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,
4396 RICE STREET, ROOM 206, LIHU`E, KAUAI.
TELEPHONE NO 241-6371