HomeMy WebLinkAbout12-19-2007COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, DECEMBER 19, 2007
9:00 A.M. OR SOON THEREAFTER
Cc_)UNCIL CHAMBERS
Historic County Building
4396 Rice Street, Room 201
Lihu'e, Iiaua'i, Hawaii
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the followine meetines of the Council:
Regular Meeting of November 7, 2007
C(_)MMUNICATI(_)NS:
C 2007-422 Communication (12/05/2007) from the Mayor, transmitting for
Council confirmation, his re-appointments of the following:
Leonard Vierra Charter Review Commission Second Term
James Nishida Planning Commission First Term
Randy Finlay Cost Control Commission Second Term
(See Resoluutiorus Nos. 2007-105, 2007-106 crud 2007-107)
C 2007-423 Communication (12/05/2007) from the Mayor, transmitting for
Council confirmation , his appointments of the following:
Randall Nishimura Board of Water Supply First Term
Dee Crowell Board of Water Supply Partial Term
Gaylord Fukumoto Board of Appeals (Building) First Term
Nadine Nakamura Cost Control Commnission First Term
William Gibson Liquor Control Commnission First Term
Myles Shibata Liquor Control Commnission First Term
Leonard Rapozo, Jr. Police Commnission First Term
(See Resolu.ti.ons Nos. 2007-108 to 2007-ll4)
Council Meeting Agenda 2 December 19, 2007
C 2007-424 Communication (12/12/2007) from C'ouncilmember Jay Furfaro,
transmitting for Council action, a bill appropriating $85,000 from
the surplus and appropriations estimated in the General Fund for
obtaining appraisals for the following eleven (11)parcels that were
identified and recommended by the Public Access, (_~~en Space, and
Natural Resources Preservation Fund Commission:
• Uld Government Main Road • Niho Road
(Uld Mana Road) •Hapa Road
•Lower Saki/Mana Road •Moalepe Road
•Polihale Road •Awakea Road
• Waimea Valley Road (portion) • Iiahuna Road
•Iiahakai Road •Moloa`a Road
(See Proposed Draft Bill No. 2249)
(~' 2007-425 Statement of the Condition of the Treasury, County of Iiauai, as of
October 1, 2007, as submitted by the Finance Department.
(~' 2007-426 Commnunication (11/23/2007) from the Chief, Building Division,
Department of Public Works, transmitting for Council information,
the Building Permit Information Reports for October 2007 that
includes the following items:
1. Building Permit Processing Report
2. Building Permit Estimated Value of Plans Summary
8. Building Permits Tracking Report
4. Building Permits Status
C 2007-427 Communication (11/26/2007) from the Director of Finance,
transmitting for Council information, Period 4 Financial Reports-
Statement of Revenues as of October 31, 2007. (Detailed Budget
Report, Statement of Reueralees (Esti.mated grad Actual), Statement of
ExpPrl(latl/r'PS arl(l ErlCl/rl7tiTarlCPS~ arl(l RPUPrll/P RPjJOr't Orl file arl tllP
Coleraty Cler'k's Office.)
(~' 2007-428 Commnunication (12/11/2007) from Mel Rapozo, Hawaii State
Association of Counties President, transmitting for Council
information the 2008 Hawaii State Association of Counties
Legislative Package priorities that includes four (4) proposed bills:
1. A BILL F(_)R AN ACT RELATING Tc_) PUBLIC LAND
LIABILITY, submitted by Iiauai.
2. A BILL FOR AN ACT RELATING TO H( )USING, submitted
by Maui.
8. A BILL Fc_)R AN ACT RELATING Tc_) PRc_)CUREMENT,
submitted by Maui.
4. A BILL Fc_)R AN ACT RELATING Tc_) TRAFFIC
INFRACTI(_)NS, submitted by Honolulu.
Council Meeting Agenda 8 December 19, 2007
C 2007-429 Communication (11/14/2007) from the Chief of Police, requesting
Council approval and indemnification to apply for, receive, and
expend a ST(_)P Violence Formula Grant for the term January 1,
2007 through December 31, 2007, from the State of Hawaii
Department of the Attorney General for $81,000.00, of which the
County is required to match $7,750.00 to fulfill the obligation of the
grant.
(~' 2007-430 (~'oimnunication (11/20/2007) from the Fire (~'hief, requesting
(~'ouncil approval to apply for, receive, and expend the Assistance to
Fire Fighters Grant (AFG) to purchase a Scotty (~'ombination Fire
Safety/Sprinkler House for $87,580.00, of which the (~'ounty is
required to match $21,895.00 to fulfill the obligation of the grant.
(~' 2007-431 (~'oimnunication (11/29/2007) from the Fire (~'hief, requesting
(~'ouncil approval to expend $15,000.00 from their Training Salaries
Account, to hire a consultant to develop and write a (~'oimnunity
Wildfire Protection Plan ((~'WPP) for the island of Iiaua`i, that is
needed to qualify for federal funding to implement wildfire
mitigation and safety projects.
C 2007-482 Communication (08/04/2007) from Jay Furfaro, Finance/Economic
Development Committee Chair, requesting agenda time for the
Housing Agency to provide an update on corrective actions and
projected completion date on Finding OG-10 (Housing Assistance
Payment Register) in the Single Audit Report for Fiscal Year 2006-
2007.
• (~'oimnunication (12/11/2007) from Iienneth N. Rainforth,
Executive on Housing, regarding the Single Audit Report,
Finding No. 06-10, and informing the (~'ouncil of actions
initiated relative to the (~'ounty's Housing Assistance
Payment (HAP) Register.
Council Meeting Agenda 4 December 19, 2007
LEGAL DOCUMENT:
C 2007-433 Communication (12/04/2007) from the Chief of Police, requesting
Council approval of the following:
• Pole Attachment License Agreement between the County of
I~aua`i ("Licensee"), and I~aua`i Island Utility Cooperative
and Hawaiian Telcom, Inc. ("Licensors"), granting Licensee
permission and license to install, operate, and maintain, on a
temporary basis a motor vehicle speed monitoring data
gathering device on Licensors' poles in and around the
County of I~aua`i, and to indeimiify, protect, and hold
harmless Licensors and other users of said poles and their
respective directors, officers, employees, agents, and
contractors.
CLAIM:
C 2007-434 Communication (11/26/2007) from the County Clerk, transmitting a
claim filed against the County of Iiaua`i by Pacific Service and
Development for damages to their vehicle, pursuant to Section
23.06, Charter of the County of Iiaua`i.
Cc_)MMITTEE REPc_)RTS:
PUBLIC WORKS COMMITTEE REPORT:
CR-PW 2007-30: on PW 2007-13 Communication (9/26/2007) from Mel Rapozo, Public
Works Committee ~"hair, requesting that the
Administration be present to present thew evaluation
report on the Traffic Calming Pilot Study on Weke
Road in accordance with Resolution No. 2006-05.
[Received for the record.]
PLANNING COMMITTEE REPORT:
CR-PL 2007-10: on Bill No. 2204
A BILL FUR AN ORDINANCE TU AMEND
CHAPTER S OF THE KAiJA`I COiJNTY CODE 1957,
AS AMENDED, RELATING TO THE
CUMPREHENSI~'E ZONING ORDINANCE
(Transient Vacation Rental and Bed and Breakfast
operations)
[Approved as amended.]
Council Meeting Agenda
CR-PL 2007-11: on Bill No. 2210
CR-PL 2007-12: on PL 2007-2
CR-PL 2007-13: on Bill No
RES(_)LUTI(_)NS:
5 December 19, 2007
A BILL FUR AN ORDINANCE AMENDING
ZUNING CONDITIONS IN ORDINANCE NU. PM-
2002-362, RELATING TO ZONING DESIGNATION
IN LIHi7`E, KAi7A`I (I~aua'i County Council,
Applicant)
[Approved as amended.]
Communication (5/x/2007) from JoAiux A. Yukimura,
Planning Conuuittee Chair, requesting that the
Administration be present to give a status report on
the Planting Department's progress in developing a
plan to implement the identification of important
agricultural lands pursuant to Act 153.
[Received for the record.]
2177, Draft 1 A BILL FUR. AN ORDINANCE AMENDING
CHAPTER 5, KAi7A`I COi7NTY CODE 1957,
RELATING TU ZUNING DESIGNATION IN
LIHU'E, IiAUA'I (Grove Farm Properties,
Inc., Applicant)
[Approved.]
Resolution No. 2007-102, RES(_)LUTI(_)N C~UNFIRMING MAY(_)RAL
RE-APP(_)INTMENT T(_) THE CIVIL SERVICE C(_)MMISSI(_)N (Gilbert F.
Maerina, First Term) (Defer-r-ed 12/11 /2007)
Resolution No. 2007-108, RES(_)LUTI(_)N C~UNFIRMING MAY(_)RAL
RE-APP(_)INTMENT T(_) THE CIVIL SERVICE C(_)MMISSI(_)N (Ann L. Sokei,
First Term) (Defer-r-ed 12/11 /2007)
Resolution No. 2007-104, RES(_)LUTI(_)N C~UNFIRMING MAY(_)RAL
RE-APP(_)INTMENT T(_) THE B(_)ARD OF WATER SUPPLY (Leland Ii. Iiahawai,
First Term) (Deferred l2/11/2007)
Resolution No. 2007-105, RESOLUTION (~'ONFIRMING MAY( )RAL
RE-APP( )INTMENT TO THE (~'HARTER REVIEW (~'OMMISSI( )N (Leonard
Vierra, Second Term)
Resolution No. 2007-106, RESOLUTION (~'ONFIRMING MAY( )RAL
RE-APP( )INTMENT TO THE PLANNING (~'OMMISSI( )N (James E. Nishida, Jr.,
First Term, Environmental)
Council Meeting Agenda G December 19, 2007
Resolution No. 2007-107, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL
RE-APP(_)INTMENT T(_) THE C(_)ST C(_)NTR(_)L C(_)MMISSI(_)N (Randy Finlay,
Second Term)
Resolution No. 2007-108, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL
APP(_)INTMENT T(_) THE B(_)ARD OF WATER SUPPLY (Randall Nishimura,
First Term)
Resolution No. 2007-109, RESOLUTION AMENDING RESOLUTI( )N N( ).
2007-05, CONFIRMING A MAY( )RAL APP( )INTMENT TO THE BOARD OF
WATER SUPPLY (Dee Crowell, Partial Term)
Resolution No. 2007-110, RESOLUTION CONFIRMING MAY( )RAL
APP( )INTMENT TO THE BUILDING BOARD OF APPEALS (Gaylord Fukumoto,
First Term, Plumber)
Resolution No. 2007-111, RESOLUTION CONFIRMING MAY( )RAL
APP( )INTMENT TO THE COST CONTR( )L COMMISSION (Nadine Nakamura,
First Term)
Resolution No. 2007-112, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL
APP(_)INTMENT T(_) THE LI(aU(_)R C(_)NTR(_)L C(_)MMISSI(_)N (William Gibson,
First Term)
Resolution No. 2007-118, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL
APP(_)INTMENT T(_) THE LI(aU(_)R C(_)NTR(_)L C(_)MMISSI(_)N (Myles Shibata,
First Term)
Resolution No. 2007-114, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL
APP( )INTMENT TO THE POLICE COMMISSI( )N (Leonard Rapozo, Jr., First
Term)
BILL FOR FIRST READING:
Proposed Draft Bill No. 2249 - AN ORDINANCE AMENDING ORDINANCE
N( ). B-2007-656 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR
JULY 1, 2007 THRc_)UGH JUNE 80, 2008, BY REVISING THE SURPLUS AND
APPR( )PRIATI( )NS ESTIMATED IN THE GENERAL FUND ($35,000 Appraisal
of 11 parcels)
Council Meeting Agenda 7 December 19, 2007
BILLS Fc_)R SECc_)ND READING:
Bill No. 2226, Draft 8 - A BILL F(_)R AN URDINANCE ESTABLISHING A
NEW ARTICLE 27, CHAPTER 8, IiAUA`I Cc_)UNTY Cc_)DE 1987, RELATING Tc_)
SH(_)RELINE SETBACK AND C(_)ASTAL PR(_)TECTI(_)N (Planning Commission
recommendation) (Tlre Plararai.rrg Committee recommended approved cis amended to
Bill No. 2226, Draft 3 orr 11 /14/2007) (Deferred 11 /20/2007)
Bill No. 2244, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x
CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO A
REAL PR( )PERTY TAX CREDIT F( )R HOMES OF VETERANS WITH WARTIME
SERVICE (Tire Fiarance/Economi.c Development Committee recommended approval
as amended orr 11 /28/2007) (Deferred 12/11 /2007)
Bill No. 2242, Draft 1 - A BILL F( )R AN ORDINANCE TO AMEND
CHAPTER 23, ARTICLE 3, OF THE KAUAI COUNTY CODE 1987, RELATING
TO PEDDLERS AND CONCESSI( )NAIRES (Tire Parks & Recreati.orr Committee
recommended approval as amended on 11 /28/2007) (Deferred 12/11 /2007)
Bill No. 2204, Draft 1 - A BILL F(_)R AN URDINANCE T(_) AMEND
CHAPTER 8 OF THE IiAUA`I Cc_)UNTY Cc_)DE 1987, AS AMENDED, RELATING
T(_) THE C(_)MPREHENSIVE Z(_)NING URDINANCE (Transient Vacation Rental
and Bed and Breakfast operations) (Tire Plararai.rrg Committee recommended
approval as am.errded orr 12/12/2007)
Bill No. 2177, Draft 1 - A BILL F(_)R AN URDINANCE AMENDING
CHAPTER 8, IiAUA`I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING
DESIGNATI(_)N IN LIHU`E, IiAUA`I (Grove Farm Properties, Inc., Applicant) (Tire
Plarrrrirug Com.m.ittee recom.m.errded approval orr 12/12/2007)
Bill No. 2210, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x
ZONING CONDITI( )NS IN ORDINANCE N( ). PM-2002-362, RELATING T(
ZONING DESIGNATION IN LIHU`E, KAUAI (I~aua`i County Council, Applicant)
(Tire Plarrrriarg Committee recommertided approval as amended orti 12/12/2007)
EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the
Conncil 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 and
shall be limited to those items described in H.R.S. §92-5(a). (Confidential reports on
Council Meeting Agenda 8 December 19, 2007
file in the County Attorney's Uffice and/or the County Clerk's Uffice. Discussions
held in Executive Session are closed to the public.)
ES-307 Pursuant to Haw. Rev. Stat. §§92-4, 92-5(a)(2), and 92-5(a)(4), the
purpose of this executive session is to consult with the Council's legal
counsel on legal questions and issues pertaining to the Council's
powers, duties, privileges, immunities and liabilities regarding a
complaint filed with the Hawaii State Judiciary - Uffice of
Disciplinary Counsel against a C'ouncilmember and relating to
proceedings before the Oounty Oouncil. (Deferred 12/11 /2007)
ES-295 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this
executive session is to consult with the Oouncil's legal counsel on legal
questions and issues pertaining to the Oouncil's powers, duties,
privileges, immnunities and liabilities regarding Bill No. 2204, relating
to Single Family Transient Vacation Rentals and Bed and Breakfast
)perations. (Referred to fire full Council by fire Committee of fire IVlrole
on 12/12/2007)
ES-317 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this
executive session is to consult with the Council's legal counsel on
questions and issues pertaining to the C'ouncil's powers, duties,
privileges, immunities, and liabilities regarding the release of legal
opinions and Executive Session Minutes as it relates to Bill No. 2204,
relating to Single Family Transient Vacation Rentals and Bed and
Breakfast Operations. (Refer~r~ed to the firll Conrucil by the Com.m.ittee of
the Whole oru 12/12/2007)
ES-318 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this
executive session is to consult with the Council's legal counsel on
questions and issues pertaining to the C'ouncil's powers, duties,
privileges, immunities and liabilities regarding Bill No. 2177, Draft 1,
relating to zoning designation in Lihu`e, Iiaua`i (Grove Farm
Properties, Inc., Applicant) and Bill No. 2210, relating to zoning
designation in Lihu`e, I~aua`i (I~aua`i Oounty Oouncil, Applicant).
(Referred to fire full Council by fire Committee of fire GVltiole on
12/12/2007)
ADJOURNMENT.
Council Meeting Agenda 9 December 19, 2007
NOTE: If the Council is not finished «rith this meeting by approximately
1:30 p.m., it will recess far public hearings on the folla~ving. After the
public hearings, the Council «rill reconvene to complete any unfinished
business.
Bill No. 2245 - AN ORDINANCE AMENDING ORDINANCE NO. 8-2007-656 AS AMENDED, RELATING TO
THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAYT•AI`I, FOR THE FISCAL YEAR
JULY I, 2007 THROUGH JUNE 30, 2008, BY REVISING THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND ($66, I85 Fire Equipment -Mobile fire trainer)
Bill No. 2247 - A BILL FDR AN DRDI ~'<-~~'~'CE TO AIi~lEND SECTIONS 2I-3.I AND 2I-9.2(a) OF THE KAUAI
COUNTY CODE I9S7. RELATING TD I~~'TEGR.=ITED SOLID iV_ASTE R~IAI~?4GE1l2ENT
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, pasted
an the bulletin board, and filed in the County Clerk's Office as required by law.
Not«~ithstanding this Council Agenda, the Council may hold a public hearing on any item
~~Thich has been pasted 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.