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Home My WebLink About05-06-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MAY 6, 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 April 22 2009 Public Hearing of April 22 2009 re. Bill No 2306 Bill No 2307 Bill No 2308 and Bill No 2309 COMMUNICATIONS. ('2009-161 Communication (04/01/2009) from the Purchasing & Assistant Contracts Administrator transmitting for Council information, the Fiscal Year 2008/2009 Third Quarter Statement of Equipment Purchases (Report on file in the County Clerk's Office.) C 2009-162 Communication (04/16/2009) 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. • Fire Department, Position No 614 (Reallocation of Present Class of Lifeguard to Water Safety Officer II) • Fire Department, Position No 2527 (Reallocation of Present Class of Water Safety Officer II to Water Safety Officer I) • Fire Department, Position No 240 (Reallocation of Present Class of Water Safety Officer II to Water Safety Officer I) • Fire Department, Position No 2521 (Reallocation of Present Class of Water Safety Officer I to Lifeguard) • Fire Department, Position No 741 (Reallocation of Present Class of Water Safety Officer I to Lifeguard) Council Meeting Agenda 2 May 6 2009 C 2009-16.3 Communication (04/22/2009) from Councilmember Tim Bynum and Councilmember Lani T Kawahara, requesting the Administration to be present to give an update regarding the erosion and water safety issues at Po ipu Beach. C 2009-164 Communication (04/07/2009) from the Prosecuting Attorney requesting Council approval to apply for receive, and expend $8340 of Federal Highway Safety Funds from the State of Hawaii, Department of Transportation, to be used towards travel and training for Deputies to gain knowledge and skills relating to vehicular crimes C 2009-165 Conununication (04/09/2009) from the Mayor requesting Council approval to apply for receive, and expend funds in the amount of $9,813 from the Hawai i Conununity Foundation s Housing/Community-Building Stronger Communities and Families Grant to implement the Parent ProjectR program in Koloa for residents of the Kawailehua and Pa anau Village (State and County affordable housing projects) C 2009-166 Communication (04/22/2009) from the Prosecuting Attorney requesting Council approval to 1) Apply for receive, and expend Federal funds for the Kauai VOCA (Victims of Crime Act) Expansion Program in the amount of $198,208 and 2) Indemnify the State of Hawai i, Department of the Attorney General. The funding received will be expended on salaries fringe operational expenses and training cost for the Office of the Prosecuting Attorney Victim/Witness Program (Use of these funds will be for the term commencing on August 1 2009 ) C 2009-167 Communication (04/27/2009) from the Prosecuting Attorney requesting Council approval to apply for receive and expend $335 000 of Federal funds from the Recovery Act: Edward Byrne Memorial Competitive Grant Program Category VII, Supporting Problem-Solving Courts to be used towards establishing a Conununity Prosecution Program. Council Meeting Agenda .3 May 6 2009 C 2009-168 Communication (04/30/2009) from the Fire Chief, requesting Council approval to apply for receive and expend the Assistance to Fire Fighters Grant (AFG) to purchase a Fire Truck Driving Simulation System which the cost estimate of this project is $26.3 785 which the AFG would cover 80% or $211028 and the County would be responsible for 20% or $52 757 and will be shared by the Kaua i Police Department, Public Works Department, and Transportation Agency LEGAL DOCUMENT C 2009-169 Conununication (04/14/2009) from the Director Parks & Recreation, requesting Council approval to secure a shared-use path easement at the Sea Shell Restaurant Parcel (Tax Map Key No (4) 4-1-05 14) which will provide adequate room for safe access from Wailua Beach to Papaloa Road as part of the Lydgate Park to Kapa a Bike/Pedestrian Path. 1) Grant of Easement by Coco Palms Ventures LLC conveying Easement A-1 Wailua Houselots 3'd Series to the County of Kaua i for bike/pedestrian path purposes (Tax Map Key No (4) 4-1-05 14) CLAIMS C 2009-170 Conununication (04/16/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Norman J.N Holt, Sr for damages to his driveway pursuant to Section 23 06 Charter of the County of Kauai. COMMITTEE REPORT BUDGET & FINANCE COMMITTEE REPORTS: CR-B&F 2009-09: on 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 ($600 000- Kaua'i Visitors Bureau Economic Stimulus Grant) [Approved.] Council Meeting Agenda 4 May 6 2009 CR-B&F 2009-10: on Bill No 2307 AN ORDINANCE AMENDING ORDINANCE NO B- 2005-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IiATTAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND APPROPRIATION ESTIMATED IN THE GENERAL FTTND ($0-00000- ('onsultant Services-Special Counsel) [Approved.] CR-B&F 2009-11: on Bill No 2309 A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 219.2 OF THE KAUAI COUNTY CODE, 1957 RELATING TO INTEGRATED SOLID WASTE MANAGEMENT [Approved.] BILLS FOR SECOND READING 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) (See CR-B&F 2009-09, Budget & Finance Committee recommended approval.) 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) (See CR-B&F 2009-10, Budget & Finance Committee recommended approval.) 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 (See CR-B&F 2009-11, Budget & Finance 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 tietitiion on any agenda item without written public notice if the executive tietitiion was not anticipated in advance Any such executive tietitiion 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 Clerk s Office Discussions held in Executive Session are clotted to the public.) Council Meeting Agenda 5 May 6 2009 NOTE: If the Council is not finished with this meeting by approximately 5:00 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. 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 Bill No. 2311- A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL PEAR JULY 1, 2009TO JUNE 30, 2010 Resolution No. 2009-32 11 RESOLUTION ESTABLISHING THE REAL' PROPERTY TAX I' RATES FOR THE FISCAL 1-EAR Jl;LY 1, 2009 TO JUNE 30, 2010 FOR THE COUNTY OF KAUA7 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 may hold a public hearing on any item which has been posted in advance in compliance with the Sunshine Law. ADJOURNMENT 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