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Home My WebLink About04-08-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 8, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4,396 Rice Street, Room 201 Lihu e, Iiaua i, Hawai i MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Council Meeting of March 25 2009 Public Hearing of March 25 2009 re Bill No 280.3 COMMUNICATIONS. C 2009-13.3 Communication (02/20/2009) from the Mayor transmitting for Council information, a copy of the Iiaua i Humane Society s Second (quarter Report for Fiscal Year 2009 which includes Cash Flow Analysis Percentage Change Report, Field Services Statistics a Draft Budget for Fiscal Year 2010 and Financial Statements by an Independent Auditor for the year ended June .30 2008 C 2009-134 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 HOME Investment Partnerships Program projects for which the County expects to receive an allocation of $989,345 to carry out the 2009 HOME Action Plan. (See Resolution No. 2009-34) Council Meeting Agenda 2 April 8 2009 C 2009-1.35 Communication (03/02/2009) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Reports for February 2009 that includes the following- 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Sununary 3) Building Permits Tracking Report 4) Building Permits Status C 2009-1.36 Communication (03/27/2009) from the Mayor transmitting for Council confirmation, his appointments of the following- Ms Paula M. Morikami Planning Commission 4/1/09 to 12/31/10 Ms Sally A. Motta Board of Ethics 4/1/09 to 12/31/10 (See Resolution. No. 2009-35 and Resolution. No. 2009-36) C 2009-1.37 Communication (08/24/2009) from the Housing Director transmitting for Council approval a Resolution recognizing April 12 - 18 2009 as National Community Development Week and celebrating the Community Development Block Grant (CDBG) program. (See Resolution. No. 2009-37) C 2009-138 Conununication (02/17/2009) from the Chief of Police, requesting Council approval to accept the donation of twenty-two (22) room safes three (3) tables and two (2) ashtrays valued at approximately $1000 from Princeville Hotel to be used at the Iahu e headquarters C 2009-139 Conununication (03/05/2009) from the Chief of Police, requesting Council approval to expend approximately $3 060 from the Kauai Police Departments Asset Forfeiture Fund Account Number 206-1001-551.30-00 to allow for two (2) Officers to travel to Honolulu to attend a Basic SWAT course scheduled for April 13 - 24, 2009 C 2009-140 Communication (03/09/2009) from the Chief of Police, requesting Council approval to expend approximately $46 000 from the Kauai Police Department s Asset Forfeiture Fund Account Number 206-1001-551.30-00 to purchase equipment for various Bureaus for training of Police Officers to become Field Training Officers Council Meeting Agenda .3 April 8 2009 C 2009-141 Communication (08/19/2009) from the Executive on Aging, requesting Council approval to receive and expend American Recovery and Reinvestment Act of 2009 funds and indemnify the State Executive Office on Aging to award the County of Kauai $84,292 for congregate meals ($22,979) and home delivered meals ($11,313) which funding covers the period from March 18 2009 through September .30 2010 C 2009-142 Communication (08/19/2009) from the Director of Parks & Recreation, requesting Council approval to accept funds from the State of Hawaii, Department of Defense, in the amount of $12,500 for the period July 1 2009 to June 30 2010 for the maintenance and upkeep of the Kauai Veterans Cemetery C 2009-143 Conununication (03/19/2009) from the Executive on Aging, requesting Council approval to receive and expend State funds and indemnify the State Executive Office on Aging to award the County of Kauai, Agency on Elderly Affairs State General Funds $1161168 for KUPUNA CARE services which funding covers the period of July 1 2009 through June 30 2011 C 2009-144 Communication (03/27/2009) from the Housing Director requesting Council approval to apply for and receive funds pursuant to the American Recovery and Reinvestment Act of 2009 which is available from the Community Development Block Grant Program, and for indemnification in relation to the County s receipt of these funds in the amount of $215 156 C 2009-145 Communication (04/01/2009) from the Director of Parks & Recreation, requesting Council approval to accept the donation of a peace pole from The Interfaith Roundtable of Kauai to be placed at Lydgate Park in the amount of approximately $1000 which covers the sign and installation. C 2009-146 Conununication (04/01/2009) from Bill Kaipo Asing Council Chair submitting for Council approval the Fiscal Year 2009-2010 board nominations to the Hawaii State Association of Counties (HSAC) Council Meeting Agenda 4 April 8 2009 C 2009-147 Communication (04/02/2009) from Derek S.K. Kawakami, Councilmember and Hawaii State Association of Counties (HSAC) Vice President, requesting Council approval of the Fiscal Year 2009- 2010 board nominations to the Western Interstate Region (WIR) and the National Association of Counties (NACo) CLAIMS C 2009-148 Conununication (03/31/2009) from the County Clerk, transmitting a claim filed against the County of Kaua i by Jean Fahey for medical expenses loss of income and pain and suffering pursuant to Section 23 06 Charter of the County of Kaua i. C 2009-149 Conununication (04/01/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Charles A. Rogers for damages to his vehicle pursuant to Section 23 06 Charter of the County of Kauai. COMMITTEE REPORT BUDGET & FINANCE COMMITTEE REPORT: CR-B&F 2009-08: on B&F 2009-3 ('ommmucation (3/02/2009) from ('ommittee Chair Daryl W Kaneshiro, requesting that the Admirdstration be present to update the Committee on the Housing Agency s suggested corrective action plan for the following Fiscal Year 2007 2005 Single Audit Findings and (questioned Costs: Finding No. 0713, Section 8 Housing Choice Voucher Program Finding No. 08-03, Suspension and Debarment Finding No. 08-04, Eligibility [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2009-03: on Bill No 230.3 A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORD NO PM-2002-358, RELATING TO ZONING DESIGNATION IN WAIMEA, KAiTAI (Killmola Land Company Applicant) [Approved.] Council Meeting Agenda 5 April 8 2009 PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-SEI 2009-04: on SEI 2009-3 ('ommmucation (3/06/2009) from ('ommittee Chain Derek S.K. Kawakami, requesting that the Director of Economic Development be present to provide an update on the County of KauaTs Energy Sustainability Plan, and to hear from the consultant, Douglas Hinrichs, Sentech Hawa i Inc. [Received for the record.] 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 98-383 AND 100-242) AS AMENDED (Deferred 0312512009) Resolution No 2009-34 - RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2009 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101-625) AS AMENDED Resolution No 2009-35 - RESOLUTION AMENDING RESOLUTION NO 2008-08 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE PLANNING COMMISSION (Paula M. Morikami, Partial Term (Business)) Resolution No 2009-36 - RESOLUTION AMENDING RESOLUTION NO 2008-29 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE BOARD OF ETHICS (Sally A. Motta, Partial Term) Resolution No 2009-37 - RESOLUTION RECOGNIZING APRIL 12 - 18 2009 AS NATIONAL COMMUNITY DEVELOPMENT WEEK 2009 Council Meeting Agenda 6 April 8 2009 BILLS FOR SECOND READING Bill No 230.3 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORD NO PM-2002-358 RELATING TO ZONING DESIGNATION IN WAIMEA, KAUAI (Iukiaola Land Company Applicant) (See CR-PL 2009-03, Planning Committee recommended approval) 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 not finished!! with this meeting byapproximately 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. 2304 AN ORDINANCE AMENDINGORDINANCE NO. B-2008-672 AS 4111ENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAU47, STATE OF HAWAII, FOR THE FISCAL IEAR JULY 1, 2008 THROITCH JU?NE 30, 2009, B)'REvISING THE StWPLUS AND APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND (Appropriation of $400,000 from the Solid Waste Fund to Other Supplies for purchase 014,000 bins l' for the Autoinated Refuse Collection Program) Bill No. 2305 AN ORDINANCE AMENDING ORDINANCE NO B-2008-6-13 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF K4(7,47, STATE OF HAW117, FFJR THE FISCAL YEAR JULY 1, 2008 THROUGH JLNE 30, 2009, BI-REi7SING THE SURPLUS HAND APPROPRIATIONS I' ESTIMATED IN THE PUBLIC IIACCESS' FUND I' (Appropriation of $1.85 millionfrrnn the Public Access Fund to Black Pot Beach Park Expansion Land Acquisition) 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 Clerk's Office as required by law. Notwithstanding this Council Agenda, the Council mayi 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 241-6371