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Home My WebLink About06-16-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA TUESDAY, JUNE 16, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 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 May 27 2009 Council Meeting of June 3 2009 COMMUNICATIONS. C 2009-209 Communication (04/21/2009) from the Planning Director transmitting the Planning Commission s recommendation to clarify the procedures for Shoreline Setback Determinations and Activity Determinations and determining applicability- to amend the list of activities permitted within the shoreline setback area and to allow activities permitted under Section 8-27 7 within the shoreline setback area to proceed with permitting without a setback determination. (Draft bill, Planning Commission's findings and staff report and transcripts oil file in the County Clerk's Office.) (See Proposed Draft Bill No. 2319) C 2009-210 Communication (05/12/2009) from the Chief of the Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Reports for April 2009 that includes the following- 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Summary 3) Building Permits Tracking Report 4) Building Permits Status Council Meeting Agenda 2 June 16 2009 C 2009-211 Communication (05/19/2009) 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 25.34 (Reallocation of Present Class of Water Safety Office I to Lifeguard) • Fire Department, Position No 1654 (Reallocation of Present Class of Water Safety Officer II to Lifeguard) • Fire Department, Position No 1036 (Reallocation of Present Class of Water Safety Officer II to Lifeguard) C 2009-212 Conununication (05/20/2009) from the Director of Finance transmitting for Council information, a copy of the Kauai Humane Society s Third Quarter Report for Fiscal Year 2009 which includes Cash Flow Analysis Percentage Change Report, and Field Services Statistics C 2009-213 Conununication (05/15/2009) from the Wallace M. Iiudo Civil Engineer VII, requesting Council approval to replace one (1) Plotter/Scanner in the amount of approximately $23 000 which funds are available in the Engineering Divisions equipment account. C 2009-214 Communication (05/20/2009) from the Housing Director requesting Council approval to decline the repurchase of Unit No 82, Villas at Puali, located at 1934 Hokulei Place, Lihu e, Kaua i, Hawai i, 96766 and provide the owner with a one-year waiver of the resale restriction. C 2009-215 Communication (05/20/2009) from the Housing Director requesting Council approval to decline the repurchase of Unit No .32, Villas at Puali, located at 1945 Hokulani Place, Lihu e Kauai, Hawaii, 96766 and permit market sale of the unit for a period of one-year C 2009-216 Conununication (05/27/2009) from the Prosecuting Attorney requesting Council approval to 1) Apply for receive and expend Federal funds for the Domestic Violence Prosecution Unit in the amount of $46 403 and 2) Indemnify the State of Hawai i, Department of the Attorney General. The funding received will be expended on salaries/wages and supplies for the Domestic Violence Prosecution Unit to continue the program for the term conunencing December 1 2009 to November 30 2010 Council Meeting Agenda .3 June 16 2009 C 2009-217 Communication (06/08/2009) from the Executive on Aging, Agency on Elderly Affairs requesting Council approval to receive and expend State funds in the amount of $29,901 which covers funding from July 1 2009 through June .30 2010 for State Fiscal Year 2009 to 2010 for KUPUNA CARE services to adults age 60 and older and to indemnify the State Executive Office on Aging with their intent to award the Agency on Elderly Affairs State funds C 2009-218 Conununication (06/03/2009) from the Fire Chief, requesting Council approval to apply for receive, and expend the 2009 Rural Fire Assistance Grant to purchase 162 durable wildland firefighting headlamps in the amount of $9 004 60 which is 90% of the grant and the remaining 10% or $1000.52 will be from the Kauai Fire Department s budget. C 2009-219 Conununication (06/04/2009) 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 $555,525 and $10711 respectively C 2009-202 Communication (05/08/2009) from the Housing Director requesting Council approval to decline the repurchase of Unit No 602, Hookena at Puhi, located at 2080 Manawalea Street, Lihu e, Kauai, Hawaii, 96766 and provide the owner with a one-year waiver of the resale restriction. (Deferred 0610312009) CLAIMS C 2009-220 Communication (05/26/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Shiannte Makanani, for damages to her vehicle, pursuant to Section 23 06 Charter of the County of Kauai. C 2009-221 Communication (05/27/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Janice S Bond, for damages to her vehicle, pursuant to Section 23 06 Charter of the County of Kauai. Council Meeting Agenda 4 June 16 2009 C 2009-222 Communication (05/29/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Richard E. Hurst, Sr for damages to his vehicle pursuant to Section 28 06 Charter of the County of Kauai. C 2009-228 Communication (06/03/2009) from the County Clerk, transmitting a claim filed against the County of Iiaua i by Eric Rick Fogel, for loss of personal property pursuant to Section 23 06 Charter of the County of Kaua i. COMMITTEE REPORTS BUDGET & FINANCE COMMITTEE REPORT: CR-B&F 2009-19: on Bill No 2305 AN ORDINANCE AMENDING ORDINANCE NO B- 2005-673 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) [Approved.] PLANNING COMMITTEE REPORT: CR-PL 2009-04: on PL 2009-1 Communication (6/04/2009) from Jay Furfaro, Planning ('ommittee Chair requesting that Ian Costa, the Planning Director be present to provide an update on the following projects: 1. Comity Zoning Ordinance ( ('ZO) Update - Phase I 2. Zoning Digitization/Geographic Information Systems (GIS) Project (_',oastal Erosion Study 4. Lihu e Town ('ore Urban Design Plan 5. L3hu'e Development Plan ITpdate 6. Important Agricultural Land (IAL) Study [Received for the record.] BILLS FOR FIRST READING Proposed Draft Bill No 2319 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27 Chapter 8 Kauai County Code 1987 relating to Shoreline Setbacks and Coastal Protection) Council Meeting Agenda 5 June 16 2009 BILLS FOR SECOND READING Bill No 2305 - AN ORDINANCE AMENDING ORDINANCE NO B-2008- 673 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA I, 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) (See CR-B&F 2009-19; 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 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.) ES-389 Pursuant to Haw Rev Stat. sections 92-4 and 92-5(a)(4) and Kauai County Charter section 3 07(E) the purpose of this executive session is to consult with the Councils attorney regarding the charter amendments adopted in the 2008 General Election and other related matters This consultation involves the consideration of the powers duties privileges immunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT Council Meeting Agenda 6 June 16 2009 NOTE: If the Council is not finished 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.2314 A'BILL FOR AN ORDINANCE A111ENDING CHAPTER 12 OF THE IiAhAY'-- COL'NTYCODE 198 1 ENTITLED `BUILDING CODE" Bill No. 2315 A BILL FOR AN ORDINANCE TO AMEND ARTICLE 9' OF CHAPTER 9, I' I' KA (_A7 COUNTY CODE, 198 7 AS AMENDED, RELA YYNG TO THE HO (_TSIATC REvOLT,7NC FTTND Bill No ' 2316 A BILL FOR AN'- ORDINANCE TO'- AMEND'- ZONING CONDITION IN'-- ORDINANCE NO. PAY-31-79, RELATING TO ZONING DESIGN.ATIONIN POIPL; ILALA7 (Iiiuhunu Land Cornpariy,la Hau)ai`allitnited garfriership; acid Po'ipa Touti Cetrter, LLC, Applicaiats) 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'-- publie hearing on any item which hasi been posted in advancei 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