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HomeMy WebLinkAbout01-10-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JANUARY 10, 2007 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. Mid-Month Meeting of November 21 2006 Public Hearing of November 21 2006 re Bills Nos 2200 2201 and 2202 COMMUNICATIONS C 2007-19 Communication (10/31/2006) from Clayton K. Arinaga, Acting Chief of Police, requesting Council approval and indemnification to apply for receive and expend a STOP Violence Formula Grant with the State of Hawai i, Department of the Attorney General s office in the amount $31000 00 of which the County is required to match $7 750 00 to fulfill the obligations of the grant. (Deferred 12/13/2006) C 2007-27 Communication (01/03/2007) from the Council Vice Chair transmitting for Council consideration, a proposed bill amending certain zoning conditions in Ordinance No PM-2002-362, Relating to Nuhou Street Realignment, Ulu Ko Park Reconfiguration, and Aheahe Street Traffic Signalization. (See Proposed Draft Bill No. 2205) Council Meeting Agenda 2 January 10 2007 C 2007-28 Communication (01/02/2007) from Louis Abrams President, Koloa Community Association requesting time on the January 10 2007 Council agenda for the Association and Jim Charlier principal of Charlier Associates Inc. to present a community plan to address the existing traffic flow concerns mitigate traffic impacts of significant development during the next fifteen years create a more balanced transportation system, and implementation recommendations C 2007-29 Conununication (12/06/2006) from the Mayor transmitting for Council information, his appointment of Molly C Sununers to the County of Kauai Historic Preservation Review Commission, fulfilling the term of the late P Pohaku Nishimitsu. C 2007-30 Conununication (12/12/2006) from the Mayor transmitting for Council information, his appointment of Johanna V Gomez, to the County of Kauai Public Access Open Space & Natural Resources Preservation Fund Commission, fulfilling the at-large vacancy of the late La France Kapaka-Arboleda. C 2007-31 Communication (12/01/2006) from the Acting Chief of Police requesting Council approval to purchase $44 000 of the following equipment from the Criminal Assets Fund. 1 Scanner $15000 2. Electronic date/time stamper 1 000 .3 Drug Terminator 5 000 4. Shotguns 1,3000 5 Software upgrade for criminal files label maker 1 000 6 Shredders 9,000 $44000 C 2007-32 Conununication (12/08/2006) from the Chief, Building Division, Department of Public Works requesting Council approval to purchase two (2) computers and office furniture for two (2) contract hires intended for sign ordinance enforcement and code inspection assistance and building permit clerical work, using funds from the Building Permit Revolving Fund, and is estimated to cost $7,50000 Council Meeting Agenda .3 January 10 2007 C 2007-33 Request (12/28/2006) from the Office of the County Attorney for authorization to expend up to $106 000 from the special counsel account to continue to retain outside counsel to represent the County and County defendants in Darla Abbatiello v. County of Kauai, et al., Civ No 04-00562 S(_)M/BMK (tT S District Court, District of Hawaii) and associated matters C 2007-34 Request (12/28/2006) from the Office of the County Attorney for authorization to expend up to $150 000 from the special counsel account to continue to retain outside counsel to represent the County defendants in Dominador Lopez, et al., v. County of Kauai and Danilo Abadilla, Civ No 06-00325 JMS/KSC (U S District Court, District of Hawai i) and associated matters C 2007-35 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Robert B Crowell, 1Gt Term, to the County of Kaua i Salary Commission. C 2007-36 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Virginia M. Kapali, 1Gt Term, to the County of Kauai Salary Commission. C 2007-37 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Trinette P Kam, Pt Term, to the County of Kauai Salary Commission. C 2007-38 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Thomas M. Cooper Pt Term, to the County of Kauai Salary Commission. C 2007-39 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his re-appointment of Jonathan J Chun, 1st Term, to the County of Kaua i Salary Commission. C 2007-40 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his re-appointment of Randy J Hee 1Gt Term, to the County of Kaua i Salary Commission. Council Meeting Agenda 4 January 10 2007 C 2007-41 Communication (12/21/2006) from the Mayor transmitting for Council confirmation, his re-appointment of Allan A. Smith, Pt Term, to the County of Kauai Salary Commission. C 2007-42 Communication (12/22/2006) from the Mayor transmitting for Council confirmation, his appointment of Jan C Rudinoff, 1st Term, to the County of Kaua i Fire Commission. C 2007-43 Conununication (12/26/2006) from the Mayor transmitting for Council confirmation, his appointment of Randal Valenciano 1Gt Term, to the County of Kaua i Fire Commission. C 2007-44 Conununication (12/27/2006) from the Mayor transmitting for Council confirmation, his appointment of Basilio Fuertes 1Gt Term, to the County of Kaua i Fire Commission. C 2007-45 Conununication (12/20/2006) from the Mayor transmitting for Council confirmation, his appointment of Dely Sasaki, Partial Term, to the County of Kaua i Board of Ethics C 2007-46 Communication (12/06/2006) from the Mayor transmitting for Council confirmation, his re-appointment of Winnie Lu, 2nd Term, to the County of Kaua i Board of Ethics C 2007-47 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Michelle Swartman, 1st Term, to the County of Kaua i Cost Control Commission. C 2007-48 Conununication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Lorna A. Nishimitsu, 1st Term, to the County of Kaua i Cost Control Commission. C 2007-49 Conununication (12/13/2006) from the Mayor transmitting for Council confirmation, his appointment of Sandra S Sterker 1Gt Term, to the County of Kaua i Cost Control Commission. Council Meeting Agenda 5 January 10 2007 C 2007-50 Communication (12/20/2006) from the Mayor transmitting for Council confirmation, his appointment of Ben H. Bregman, 2nd Term, to the County of Kaua i Cost Control Commission. C 2007-51 Communication (12/12/2006) from the Mayor transmitting for Council confirmation, his re-appointment of Tore Wistrom, 2nd Term, to the County of Kaua i Cost Control Commission. C 2007-52 Conununication (12/06/2006) from the Mayor transmitting for Council confirmation, his appointment of Maryanne W Kusaka, 1Gt Term, to the County of Kaua i Liquor Control Commission. C 2007-53 Conununication (12/06/2006) from the Mayor transmitting for Council confirmation, his appointment of Shirley T Akita, 1Gt Term, to the County of Kaua i Liquor Control Conunission. C 2007-54 Conununication (12/12/2006) from the Mayor transmitting for Council confirmation, his appointment of Rowena Tachibana, 1Gt Term, to the County of Kaua i Police Commission. C 2007-55 Communication (12/18/2006) from the Mayor transmitting for Council confirmation, his appointment of Porfiria C Nacion, Pt Term, to the County of Kaua i Civil Service Commission. C 2007-63 Communication (01/04/2007) from the Mayor transmitting for Council consideration. 1 a bill for initial funding of the administrative section of the Parks and Recreation Department, as created by a 2006 Charter amendment, and 2. a bill to amend the Salary Ordinance to include the Director of Parks and Recreation and Deputy Director of Parks and Recreation. (See Proposed Draft Bills Nos. 2206 and 2207) Council Meeting Agenda 6 January 10 2007 LEGAL DOCUMENTS C 2007-56 Communication (11/16/2006) from the Mayor recommending Council approval of an Exchange Warranty Deed from Smith- Waterhouse Family of Koloa-Beach Homes LLC dedicating to the County of Kauai, a roadway lot in exchange to purchase a portion of an abandoned road right-of-way (Maulili Road) and transmitting- Exchange Warranty Deed from Smith-Waterhouse Family of Koloa-Beach Homes LLC dedicating to the County of Kauai, a roadway lot in exchange to purchase a portion of an abandoned road right-of-way (Maulili Road) C 2007-57 Communication (12/22/2006) from the Executive on Housing requesting Council approval to execute a new 5-year lease with the West Kauai Business and Professional Association to continue leasing of the historic Waimea Theater and transmitting- Five (5) year lease with the West Kauai Business and Professional Association to continue leasing of the historic Waimea Theater (Copy of lease on file in tke Coiiwy Clerk's Office) CLAIMS C 2007-58 Communication (12/11/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by the State of Hawaii, Department of Transportation, Highways Division, for damages to their property pursuant to Section 23 06 Charter of the County of Iiaua i C 2007-59 Communication (12/12/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Abraham Nelson Lopes for damages to his personal property pursuant to Section 23 06 Charter of the County of Kaua i. C 2007-60 Communication (12/18/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Eric Wedemeyer for damages to his vehicle, pursuant to Section 23 06 Charter of the County of Kauai. Council Meeting Agenda 7 January 10 2007 C 2007-61 Communication (12/21/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Constante J Flora, M.D for damages to personal property pursuant to Section 23 06 Charter of the County of Iiaua i. C 2007-62 Communication (12/28/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Avi Zadok, for damages to his personal property pursuant to Section 28 06 Charter of the County of Kauai. COMMITTEE REPORTS FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT CR-F/ED 2007-2: on F/ED 2007-1 Commmucation (12/14/2006) from Jay Furfaro, Finance/Economic Development Committee Chair requesting the presence of Wynne Uslugcme, Department of Water to discuss the Department of Waters Proposed OIP Projects Request for State Aid (2007 Session) [Received for the record.] PUBLIC WORKS COMMITTEE REPORTS: CR-PW 2007-1: on C 2006-313 Commmucation (10/5/2006) from the Councilmember Isen-('axvalho, requesting that the County Engineer and Planning Director be present at the October 11, 2006, Council Meeting to discuss permitting for the fifteen (151 rest pavilions being built along the coast from Kealia to Kapa'a. [Received for the record.] CR-PW 2007-2 on C 2007-04 Communication (10/20/2006) from the Solid Waste Program Administrative Officer Department of Public Works, transmitting the final report of the Bulky Item Pickup program, which was conducted in August and September 2006. [Received for the record.] CR-PW 2007-3: on C 2007-05 Communication (11/15/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of October 2006. (Received for the record.] CR-PW 2007-4 on PW 2007-1 Communication (12/15/2006) from Councilmember Shaylene Iseri-Carvalho, requesting an update from the Administration regarding the incomplete monthly building permit reports (February 2006 through October 2006) [Received for the record.] Council Meeting Agenda 8 January 10 2007 COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT CR-CA/IGR 2007-1: on CA/IGR 2007-1 Communication (12/8/2006) from Sharlene Iseri-Carvalho, ('A/IGR Committee Chair requesting a response from the Admiiustration regarding various questions which was sent to them on December 8, 2006, as it relates to the Housing Policy for the County of Kaua'i (See Bill No. 2202) [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2007-2: on Bill No 2177 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987 RELATING TO ZONING DESIGNATION IN LIHIPE, KAiTAI (Grove Farm Properties Inc., Applicant) [Approved as amended. The Committee recommended that the Council schedule a public hearing on the amended bill and thereafter refer it back to the Planning Committee.] (Deferred 1211312006) RESOLUTIONS Resolution No 2007-04 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Roy A. Oyama, First Term) Resolution No 2007-05 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Lynn P McCrory Second Term) Resolution No 2007-06 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Pauline D Ventura, Second Term) Resolution No 2007-07 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Clifford L. Nakea, First Term) Council Meeting Agenda 9 January 10 2007 Resolution No 2007-08 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Larry J Dill, First Term, Engineer) Resolution No 2007-09 RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENTS TO THE BUILDING BOARD OF APPEALS (Jose R. Diogo Second Term, At-Large and Rodney J Pascua, First Term, Building) Resolution No 2007-10 RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Leon Gonsalves Sr Second Term) Resolution No 2007-11 RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENT TO THE POLICE COMMISSION (Charles S Fulks Jr First Term) Resolution No 2007-12 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Alfred Nebre Jr First Term) Resolution No 2007-1.3 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Jeffrey K. Mira, First Term) BILLS FOR FIRST READING Proposed Draft Bill No 2205 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORD NO PM-2002-362 RELATING TO NUHOU STREET REALIGNMENT ULU KO PARK RECONFIGURATION AND AHEAHE STREET TRAFFIC SIGNALIZATION (Kauai County Council, Applicant) Proposed Draft Bill No 2206 - AN ORDINANCE AMENDING ORDINANCE NO B-2006-645 AS AMENDED RELATING x TO THE OPERATING x BUDGET OF THE COUNTY OF KAUA1, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2006 THROUGH JUNE 30 2007 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($9601200 Salaries Dept. of Parks & Recreation, Admin.) Council Meeting Agenda 10 January 10 2007 Proposed Draft Bill No 2207 - AN ORDINANCE AMENDING SECTION .3-2.1 OF THE KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO SALARIES OF CERTAIN OFFICERS (Parks and Recreation) BILLS FOR SECOND READING Bill No 2200 - AN ORDINANCE AMENDING ORDINANCE NO B-2006- 645 RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2006 THROUGH JUNE 30 2007 BY REVISING x THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($290,967 00 Kauai Invasive Species Committee) (The Finance/Economic Development Committee recommended approval oil 1210612006) (Deferred 1211312006) Bill No 2177 Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO ZONING DESIGNATION IN LIHUE, KAUAI (Grove Farm Properties Inc. Applicant) (The Planning Committee recommended approval as amended oil 1210612006) (Deferred 12/13/2006) 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 and shall be limited to those items described in H.R.S §92-5(a) (Corufidential reports oil file till the County Attorruey's Office and/or the County Clerk's Office. Discussions held till Executive Sessioru are closed to the public ) ES-246 Pursuant to Haw Rev Stat. Sections 92-4 and 92-5(a)(4) the purpose of this executive session is to consult with the County s legal counsel and the Acting Police Chief regarding a claim filed by Merrilee Mia Ako on behalf of the Kauai Economic Development Board Inc. for loss of office property pursuant to Section 23 06 Charter of the County of Kauai. This consultation involves consideration of the powers duties privileges immunities and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 1211312006) ES-248 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4)-(6) and 92F-13(2)- (3) the purpose of this executive session is to provide a Council briefing on the pending case of Darla Abbatiello v. County of Kauai, et al. Civ No 04-00562 SOM/BMK (U S District Court, District of Hawaii) and related matters This consultation involves consideration of the powers duties privileges immunities and/or liabilities of the Council and the County as they relate to this agenda item. Council Meeting Agenda 11 January 10 2007 ES-249 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4)-(6) and 92F-13(2)- (8) the purpose of this executive session is to provide a Council briefing on the pending case of Dominador Lopez, et al., v. County of Kauai and Danilo Abadilla, Civ No 06-00325 JMS/KSC (U.S District Court, District of Hawai i) and related matters This consultation involves consideration of the powers duties privileges immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-250 Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a) (4) the purpose of this executive session is to consult with the County s legal counsel regarding Bill No 2177 Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO ZONING DESIGNATION IN LTHUE KAUAI (Grove Farm Properties Inc. Applicant) and legal issues pertaining to the amendment of ( )rdinance No PM-2002-362 as it relates to the re- alignment of Nuhou Street, the re-configuration of Ulu Ko Park, the extension of Aheahe Street and the placement of traffic signals at the intersection of Aheahe Street and Nawiliwili Road. ES-251 Pursuant to Haw.Rev Stat. §§92-4, 92-5(a)(4) and 92F-13(2)-(3) the purpose of this executive session is to consult with counsel on the issue of mediation and deliberating and deciding on whether the County should participate in mediation in King C. Lum v. Kauai County Council, et al. Civ No 06-00068 SOM/BMK (U.S District Court, District of Hawaii) and related matters This involves consideration of the powers duties privileges immunities and/or liabilities of the Council and the County as they relate to this agenda item. 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.