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HomeMy WebLinkAbout04-25-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 25, 2007 9:30 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. Mid-Month Meeting of March 28 2007 Special Meeting of March 28 2007 Special Meeting of April 4, 2007 Regular Meeting of April 11 2007 Special Meeting of April 11 2007 Special Meeting of April 18 2007 Public Hearing of April 11 2007 COMMUNICATIONS C 2007-145 Communication (08/09/2007) from the Council Vice Chair requesting that the Acting County Attorney be present at the March 15 2007 Council meeting to provide clarification on the opinion from the County Attorneys office regarding the validity of the shoreline certification for the bike path. (Deferrecl 04/11 /2007) C 2007-180 Communication (02/15/2007) from the Planning Director transmitting the Planning Commissions recommendation to supersede the Shoreline Setback Rules and Regulations of the Planning Department by establishing a new Article 27 Chapter 8 Kauai County Code, relating to shoreline setback and coastal protection. (Public Hearing minutes of August 8, 2006, October 10, 2006, Nouember 28, 2006, and January 9, 2007 are on file in the County Clerk's Office), (See Proposed Draft Bill No. 2226) Council Meeting Agenda 2 April 25 2007 C 2007-181 Communication (04/12/2007) from the County Engineer transmitting for Council action, a bill transferring $3,551,583 from the following items in the General Fund to the fiscal year 2006-2007 capital budget for the Kilauea Bridge Project: 1 Project Contingency $ 1 77.3,966 2. Black Pot Expansion 1 000 000 .3 Pouli Road Design 500 000 4. Ele ele Nani Park Sidewalks 277 617 (See Proposed Draft Bill No. 2227) C 2007-182 Conununication (04/17/2007) from Councilmember Jay Furfaro transmitting for Council review and consideration, a resolution opposing the Eric A. Knudsen Trust petition to the State Land Use Conunission to redistrict approximately 127 4 acres of Agriculture District land to Urban District. (SLUG Docket No A05-761) (See Resolution No. 2007-71) C 2007-183 Conununication (04/17/2007) from Councilmember Jay Furfaro transmitting for Council review and support, two resolutions which requests the preservation of taro activities and to promote agriculture and minimize development by amending Chapter 8 and Chapter 10 of the Kauai County Code 1987 (See Resolutiorus Nos. 2007-72 and 2007-73) C 2007-184 Communication (04/12/2007) from Beryl Blaich, Chairperson, Public Access Open Space & Natural Resources Preservation Fund Commission, transmitting for Council information, the Public Access (_)pen Space & Natural Resources Preservation Fund Commission 2006 Report, and requesting agenda time to present this report at the April 25 2007 Council meeting (Report oru file iru the County Clerk's Office) C 2007-185 Conununication (04/13/2007) from Annette MKG Creamer Executive Director Kauai Habitat for Humanity requesting agenda time to provide an update to the Council on their progress with the Ele ele I Luna Subdivision. C 2007-186 Conununication (04/18/2007) from the Salary Conunission Secretary transmitting the 2007-2008 Kauai County Salary Conunission Report and Resolution Proposing an Ordinance Amendment Relating to Executive Salaries (Report on file in the County Clerk's office) Council Meeting Agenda .3 April 25 2007 C 2007-187 Communication (08/27/2007) from the Fire Chief, requesting Council approval to accept a donation from Matson Navigation Company of two (2) or three (8) 24 dry containers which will be located at the Lihu e Fire Station and Koloa Fire Station to store equipment. C 2007-188 Communication (03/29/27) from the Fire Chief, requesting Council approval to apply for receive, and expend a Staffing for Adequate Fire Emergency Response (SAFER) grant administered by the U S Department of Homeland Security which will provide federal funds of up to 90% of the salary cost of hiring firefighters for five (5) years with decreased funding each consecutive year and will be used to hire the 15 firefighters needed to man the new Kealia Fire Station. C 2007-189 Conununication (03/29/2007) from the Executive on Housing requesting Council approval to apply for receive expend, and indemnify a $126 655 00 grant from the U.S Department of Housing and Urban Development to fund an existing Housing Family Self-Sufficiency Coordinator position and applicable benefits ($65,500 00) and an existing Family Self-Sufficiency Homeownership Coordinator position ($61 155 00) C 2007-190 Communication (04/02/2007) from the Mayor transmitting for Council confirmation, his appointment of Michael S Kano Partial Term, to the County of Kaua i Building Board of Appeals C 2007-191 Communication (04/19/2007) from Councilmember Tim Bynum, providing written follow-up to his oral declaration at the April 18 2007 Community Assistance Committee meeting of a possible conflict of interest regarding the Japanese Stone Lantern Restoration, Phase 2 (Kapa a Business Association, Applicant) project included in Resolution No 2007-55 Draft 1 CLAIMS C 2007-192 Conununication (04/03/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Les Nagashima, for damages to his vehicle, pursuant to Section 23 06 Charter of the County of Kauai. Council Meeting Agenda 4 April 25 2007 COMMITTEE REPORTS FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT CR-F/ED 2007-3: on Bill No 2212 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23 OF THE KATTAI COUNTY CODE 1987 BY AMENDING ARTICLE 3 RELATING TO PEDDLERS AND CONCESSIONAIRES [Referred to the full Council.] PUBLIC WORKS COMMITTEE REPORT CR-PW 2007-13: on PW 2007-4 Communication (4/9/2007) from Mel Rapozo, Public Works Committee Chair requesting that the Administration be present to adchess issues relating to poncling of runoff water on the Olohena Bridge. [Received for the record.] COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT CR-CA/IRG 2007-4: on Resolution No 2007-55 Draft 1 RESOLUTION AUTHORIZING THE FILING OF THE KAITAI COUNTY 2007 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT TINDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242) AS AMENDED (Special Community Assistance/ Intergovernmental Relations Committee meeting on Wednesday, April 25, 2007 at 9:00 a.m.) RESOLUTIONS Resolution No 2007-55 Draft 1 RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2007 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 93-383 AND 100-242) AS AMENDED Resolution No 2007-71 RESOLUTION REQUESTING THE STATE LAND USE COMMISSION TO PRESERVE AND PROTECT THE INTEGRITY OF THE ARCHAEOLOGICAL AND HISTORICAL RESOURCES ON KNUDSEN TRUST LAND AT P01PLT DISTRICT OF K(-)L(-)A Council Meeting Agenda 5 April 25 2007 Resolution No 2007-72 RESOLUTION PROPOSING AN AMENDMENT TO CHAPTER 8 KAUAI COUNTY CODE, 1987 RELATING TO ZONING DESIGNATION IN HANALEI, KAUA I, HAWAI I Resolution No 2007-7.3 RESOLUTION PROPOSING AN AMENDMENT TO CHAPTER 10 ARTICLE 2, KAUAI COUNTY CODE, 1987 RELATING TO THE NORTH SHORE DEVELOPMENT PLAN BILLS FOR FIRST READING Proposed Draft Bill No 2181 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 27 CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO SHORELINE SETBACK AND COASTAL PROTECTION Proposed Draft Bill No 2226 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 27 CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO SHORELINE SETBACK AND COASTAL PROTECTION (Planning Commission recommendation) Proposed Draft Bill No 2227 - AN ORDINANCE AMENDING ORDINANCE NO B-2006-646 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA I, 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 (Kilauea Bridge - $8,551,583) BILL FOR SECOND READING Bill No 2212 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 28 OF THE KAUA I COUNTY CODE 1987 BY AMENDING ARTICLE .3 RELATING TO PEDDLERS AND CONCESSIONAIRES (The Fi.ucmce/Ecouomi.c Deuelopmeut Committee referred this bill to the full Council oil 04/18/2007) 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) (Confidential reports oil file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executi.ue Session are closed to the public ) Council Meeting Agenda 6 April 25 2007 ES-261 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with legal counsel on legal liabilities and opinions (both written and oral) pertaining to the County s Ahukini - Anahola bicycle/pedestrian pathway project ("Project') specifically whether the Projects permits (including, but not limited to the Kapa a - Kealia Project segment) are in compliance with requirements of law pertaining to Chapter 205A of the Hawaii Revised Statutes (Coastal Zone Management) the Special Management Area Rules and Regulations of the County of Kauai, the County of Kauai Planning Department Shoreline Setback Rules and Regulations Title 13 Chapter 222 Hawaii Administrative Rules (Shoreline Certifications) Chapter 1830 of the Hawaii Revised Statutes (Conservation District) and Title 13 Chapter 5 Hawaii Administrative Rules (Conservation District) 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 041111200 7) ES-267 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is for the Council to receive a briefing in the case of Henrv Alfred Barriea, et al., v. Countv of Kauai, CV 05-00327 HG/KSC (U.S District Court) and John Keikiala Aana v. County of Kaua i, CV 05-00328 HG/BMK W S District Court) The briefing and 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. ADJOURNMENT Council Meeting Agenda 7 April 25 2007 NOTE: If the Council is l' not finished with this meeting by approximately I' 1:30 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Proposed Draft Bill No. 2203 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KALA7 COUNTY CODE 198-1, RELATING TO THE (70DIPREHENSIVE ZONING ORDINANCE (Superstores) Proposed Draft Bill No. 2218 - AN ORDINANCE AMENDING ORDINANCE NO. B-2006-645 AS AMENDED, RELATING TO THE OPERATING BL:IIGET OF THE COUNTY OF KAUAI, STATE OF'HAWAN,' FOR THE FISCAL IEAR JULY 1, 2006 THROUGH JUNE 30, 200-1 BYREVISING THE SURPLUS AND APPROPRIATIONS ESTIAIATED IN THE GENERAL FUND (Special Counsel $200,000) Proposed Draft Bill No, 2219 AN ORDINANCE AMENDINC'SECTION 3 2.1 (a)! OF THE K ALA7 COUNTY CODE 198; AS AMENDED, RELATING TO SALARIES OF CERTAIN OFFICERS (Deputy Fire (Chief) Proposed Draft Bill No. 2220 A BILL FOR AN ORDINANCE AMENDING SUBSECTIONS (a) AND (b) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 198- RELATING TO INTEGRATED SOLID WASTE IIIANAGEIIfENT (Tipping fee.9) Proposed Draft Bill No. 2222 A BILL FOR AN ORDINANCE APPRO17NG A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UTNIT 11 BETWEEN JULY 1, 2007 AND JUNE30, 2011 (Firefighters) Proposed Draft Bill No. 222„ A BILL FOR AN ORDINANCE REORGANIZING THE OFFICES OF CO-IM NITY ASSISTANCE INTO SEP_9R_ATE _AGENCIES OF HOUSING, TRANSPORTATION, AND ELDERLY7 AFFAIRS BY AMENDING SECTIONS 2 1.6, 2 1.16, 1.18, 2 1.19, 2 1.20, AND 3-2.1 OF THEKALA7COLNTY'CODE, 1987, AS AMENDED 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 CouncilAgenda,the Council may 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 FIFE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO 241-6371.