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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