HomeMy WebLinkAbout03-25-2009 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, MARCH 25, 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.
Council Meeting of March 13 2009
Special Council Meeting of March 18 2009
COMMUNICATIONS.
C 2009-115 Communication (02/27/2009) from the Housing Director transmitting
for Council action a Resolution to authorize the filing of the 2009
Action Plan for the County s 5-Year Consolidated Plan to the U.S
Department of Housing and Urban Development (HUD) and to
appropriate funding for the 2009 Community Development Block
Grant (CDBG) program.
(See Resolution. No. 2009-31)
('2009-116 Communication (03/02/2009) from the Mayor transmitting a request to
appropriate $500 000 from the surplus and appropriations estimated
in the General Fund to a Kaua i Visitors Bureau Economic Stimulus
Grant which will help facilitate the first phase of a program that would
bring additional visitors to Kauai between June and December 2009
(See Proposed Draft Bill No. 2306)
Council Meeting Agenda 2 March 25 2009
C 2009-117 Communication (03/03/2009) from the Director of Finance
transmitting for Council information the Period 7 Financial Reports -
Statement of Revenues as of January .31 2009 (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 2009-118 Conununication (03/03/2009) from the Director of Finance
transmitting a request to appropriate $300 000 from the available
surplus and appropriations estimated in the General Fund to the
C )ffice of the County Attorneys Consultant Services-Special Counsel
account for a shortfall of anticipated expenses associated with
litigation and outstanding special counsel fees and costs (See
Proposed Draft Bill No. 2307)
C 2009-119 Conununication (03/13/2009) from the Mayor transmitting for Council
consideration an amendment to the Cost Control Commission s
recommendations to amend Chapter 19 Article 3 subsection 19-32 of
the Kauai County Code 1987 relating to increasing the playing and
driving range ball token fees at the Wailua Golf Course effective July
1 2009 (See Proposed Draft Bill No. 2308)
C 2009-120 Communication (03/13/2009) from the Director of Finance
transmitting for Council consideration amendments to the solid waste
tipping fee for commercial waste accepted at the Kekaha Landfill from
$80 per ton to $90 per ton, effective July 1 2009 (See Proposed
Draft Bill No. 2309)
C 2009-121 Communication (03/13/2009) from the Mayor transmitting his Fiscal
Year (F`Y) 2009-2010 Budget Message along with his proposed
Operating Budget, Capital Improvements Budget, and Real Property
Tax Rates (Detailed Line Item Budget on file in the County Clerk s
Office.) (See Resolution. No. 2009-32 and Proposed Draft Bill
No. 2310 and Proposed Draft Bill No. 2311)
C 2009-122 Conununication (03/19/2009) from the Mayor transmitting for Council
approval a Resolution entitled, County of Kaua i, Hawai i, Fiscal Year
2010 Federal Agenda, as the official Federal Agenda for the County of
Kauai for the federal Fiscal Year 2010 appropriations process during
calendar year 2009 (See Resolution No. 2009-33)
Council Meeting Agenda .3 March 25 2009
C 2009-128 Communication (03/06/2009) from the Fire Chief, requesting Council
approval to accept the donation of a jet-ski, trailer cover and other jet-
ski incidentals valued at $1.3 110 from David and Gina Moore to be
stationed at the Hanalei Fire Station.
C 2009-124 Communication (08/12/2009) from the Executive on Transportation,
requesting Council approval to apply for receive, indemnify and
expend a Federal Transit Administration (FTA) Section 5311 and
5311(b)(2) Rural Transit Assistance Program (RTAP) grant for
operational, administrative and training expenses for the County
Transportation Agency in the amounts of $526,853 and $10,230
respectively
C 2009-125 Communication (08/12/2009) from the Executive on Transportation,
requesting Council approval to apply for receive, indemnify and
expend an American Recovery and Reinvestment Act of 2009 49
U.S C Section 5340 Growing States and High Density States Formula
program grant for transit capital assistance to the County
Transportation Agency in the amount of $977,812
C 2009-126 Conununication (03/19/2009) from the Chief of Police, requesting
Council approval to apply for accept, indemnify and expend grant
funds appropriated by the U.S Department of Justice Office of
Conununity Oriented Policing Services under the COPS Hiring
Recovery Program to hire four (4) additional Officers for approved
entry-level salaries and benefits for three (3) years in which the grant
will cover approximately $980,352 00 and the County s obligation will
be approximately $195,265 00
C 2009-127 Communication (08/19/2009) from the Director of Parks & Recreation,
requesting Council approval to apply for receive and expend funds of
$700 000 from the National Oceanic and Atmospheric Administration
(NOAA) Coastal and Estuarine Land Conservation Program (CELCP)
Grant for land acquisition of Lot 49 (TMK. (4)-5-5-001011) adjacent to
Black Pot Park.
Council Meeting Agenda 4 March 25 2009
LEGAL DOCUMENT
C 2009-128 Communication (02/24/2009) from the Chief of Wastewater requesting
Council approval of two (2) agreements that collectively provide for the
development of the R-1 Upgrade Project for the Lihu e Wastewater
Treatment Plant (WWTP) which involves a partnership with Kaua i
Lagoons LLC-
1) Amendment to Agreement Regarding STP Effluent
(Contract No 6582) by and between Kauai Lagoons LLC
and the County of Kaua i.
2) Lihu e Wastewater Treatment Plant Effluent Upgrade
Agreement by and between Kauai Lagoons LLC and the
County of Kauai.
(Copies on file in the County Clerk's Office.)
CLAIMS
C 2009-129 Communication (03/05/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by Darlene Walker for
damages to her vehicle, pursuant to Section 28 06 Charter of the
County of Kauai.
C 2009-130 Conununication (03/06/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by James T Jasper II relating
to the Decision and Order filed in Jasper v Liquor Control Commission
of the County of Kauai, Civ No 08-1-0187 Circuit Court of the Fifth
Circuit, State of Hawai i, pursuant to Section 23 06 Charter of the
County of Kauai.
C 2009-131 Conununication (03/06/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by James T Jasper II dba
Primo Pub relating to the Decision and Order filed in Jasper v Liquor
Control Commission of the County of Kauai, Civ No 09-1-0004
Circuit Court of the Fifth Circuit, State of Hawaii, pursuant to
Section 28 06 Charter of the County of Kaua i.
C 2009-1.32 Communication (03/16/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by CRS (Claims Resource
Services) for The Hartford as subrogee for Richard Shigematsu for
damages to his vehicle pursuant to Section 28 06 Charter of the
County of Kauai.
Council Meeting Agenda 5 March 25 2009
COMMITTEE REPORT
BUDGET & FINANCE COMMITTEE REPORT:
CR-B&F 2009-07 on B&F 2009-2 Communication (3/02/2009) from Committee Chair
Daryl W Kaneshiro, requesting that the
Administration be present to update the Committee
on the following Departments suggested corrective
action plans for the Fiscal Year 2007 2008 Single
Audit Findings and Questioned Costs:
• Finance Department
Finding No. 07-09 Grants Management
Finding No. 08-01, Grants Management
Recommendations Designed to Improve Internal
Accounting Controls and Administrative
Efficiency for the Year Ended June 31, 2008
• Transportation Agency
Finding No. 08-02, Quarterly Progress and
Expenditure Reports
[Received for the record.]
ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORT:
CR-EDH 2009-03: on C 2009-90 (_',ommun cation (01/16/2009) from the Executive
Assistant, Kaua'i County Housing Agency requesting
Council review and approval of the Proposed
Revisions to the Countys Limited Equity Leasehold
Program Policy
[Approved.]
RESOLUTIONS
Resolution No 2009-31 - RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2009 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242) AS AMENDED
Resolution No 2009-32 - RESOLUTION ESTABLISHING THE REAL
PROPERTY TAY RATES FOR THE FISCAL YEAR JULY 1 2009 TO JUNE .30
2010 FOR THE COUNTY OF KAUA I
Resolution No 2009-33 - RESOLUTION TO ADOPT A FEDERAL AGENDA
FOR THE FISCAL YEAR 2010
Council Meeting Agenda 6 March 25 2009
BILLS FOR FIRST READING
Proposed Draft Bill No 2306 - 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 GENERAL FUND ($500 000-Kauai
Visitors Bureau Economic Stimulus Grant)
Proposed Draft Bill No 2307 - 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
APPROPRIATION ESTIMATED IN THE GENERAL FUND ($300 000-Consultant
Services-Special Counsel)
Proposed Draft Bill No 2308 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19 ARTICLE .3 SUBSECTION 19-3.2 (b) AND SUBSECTION 19-3.2 (i)
OF THE KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
INCREASING THE PLAYING AND DRIVING RANGE BALL TOKEN FEES AT
THE WAILUA GOLF COURSE
Proposed Draft Bill No 2309 - A BILL FOR AN ORDINANCE AMENDING
SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE, 1987
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
Proposed Draft Bill No 2310 - A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1 2009 TO JUNE 30 2010
Proposed Draft Bill No 2311 - A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1 2009 TO JUNE 30 2010
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) (Deferred 0311312009)
Council Meeting Agenda 7 March 25 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: If the Council is notfinished 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.
Bill No. 20"03 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN
ORD. NO P11I-2002-358, RELATING TO ZONING DESIGN_ATIONIN W_AME.A, KAUAI (10hzuolu
Land Company, Applicant)
For complete information, including a summary of the item, please refer to the official
Notice of Public Hearing. The official Notice of Public Hearing has been published, posted
on the bulletin board, and filed in the County Clerks Office as required by law'
Notwithstanding this Council Agenda, the Council may hold apublic 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 FIFE (5)
DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK,
4396 RICE STREET, ROOM 206, LIHU`E, KAUAI.
TELEPHONE NO 241-6371