Loading...
HomeMy WebLinkAbout05-24-2007 COUNCIL MEETING NOTICE and AGENDA THURSDAY, MAY 24, 2007 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. Regular Meeting of May 8 2007 Special Meeting of May 16 2007 Public Hearing of April 25 2007 re. Bill No 2208 Special Meeting of May 8 2007 Public Hearing of May 8 2007 re. Bill No 2221 Public Hearing of May 8 2007 re. Bills Nos 2224 and 2225 Public Hearing of May 8 2007 re Bills Nos 2216 2217 and Resolution No 2007-61 COMMUNICATIONS. C 2007-145 Communication (03/09/2007) 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. (Deferred 0510812007) C 2007-205 Communication (05/01/2007) from the County Engineer transmitting for Council action, a resolution abandoning the 1940 Tank Site and Remnant Parcel in Kalaheo Kauai, Hawaii, and approving a land exchange for a portion of land owned by the Walter D McBryde Trust, which contains a 250 000-gallon round tank built by the County of Kaua i Department of Water referred to as the 1968 Tank Site and additional lands for a future tank site of approximately .34 000 square feet when a new replacement tank currently under construction is completed and placed into active service (See Resolution No. 2007-76) Council Meeting Agenda 2 May 24, 2007 C 2007-206 Communication (05/15/2007) from Council Vice Chair Mel Rapozo and Councilmember Shaylene Iseri-Carvalho transmitting for Council consideration and review a resolution in support of the proposed Weed the Beach proposal put forth by the Kauai Group of the Hawaii Chapter of the Sierra Club 1000 Friends of Kauai, and the Hanalei to Ha ena Community Association. (See Resoluti.oll No. 2007-77) C 2007-207 Communication (05/16/2007) from the Executive on Housing transmitting for Council action, a resolution amending Resolution No 2007-63 to provide additional assurance as required by the investor of tax credit equity for Phase .3 that forty (40) rental units can be rebuilt in the event of damage or destruction to all or any portion of Phase .3 (See Resolution No. 2007-78) C 2007-208 Communication (05/04/2007) from the Mayor transmitting for Council confirmation, his appointment of Linda Kaauwai-Iwamoto replacing Randal Valenciano to the County of Kaua i Fire Commission. (See Resolution No. 2007-79) C 2007-209 Communication (04/23/2007) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Report for March 2007 that includes the following items 1 Building Permit Processing Report 2. Building Permit Estimated Value Summary 3 Building Permits Tracking Report 4. Building Permits Status C 2007-210 Communication (05/03/2007) from the Director of Finance transmitting for Council information, Period 9 Financial Reports- Statement of Revenues As Of March .31 2007 (Detailed Budget Report, Statement of Reuemies (Estimated and Actual), Statement of Expeiidi ores wid Ellelimbralices, wid RPUenue Report oll file 1.11 the County Clerk's Office) C 2007-211 Communication (05/07/2007) from the Director of Finance transmitting for Council information, the Kauai Humane Society s Third (quarter Report for FY 2007 for Animal Management Services for the County of Kaua i. Council Meeting Agenda 3 May 24, 2007 C 2007-212 Communication (04/25/2007) from the Solid Waste Program Administrative Officer requesting Council approval to reallocate funding budgeted for the Bulky Item Pickup program to fund necessary costs of other solid waste projects and programs C 2007-21.3 Communication (05/03/2007) from the County Engineer requesting Council approval to accept, expend, and indemnify a donation of professional planning and design services of approximately $100 000 for the Kapa a New Park locker room facility from the following firms, and that a letter of appreciation be sent to each firm. I Agor Design Group LLC (Caven Raco) 2 De Jesus Architecture & Design (Tony De Jesus) 3 M&E Pacific, Inc. (Martin Nakasone) C 2007-214 Communication (04/23/2007) from the Executive on Aging, requesting Council approval to apply for receive and expend older Americans Act (as amended) federal funds in the amount of $517,519 00 for FY 2008 the first of a four year funding period and to indemnify the State Executive Office on Aging for the future Area Plan on Aging for FY 2008-2011 (4-year Area Plan on Aging October 1, 2007-September 30, 2011 on file in Hie Clerk's Office) C 2007-215 Communication (05/02/2007) from the Acting Offices of Community Assistance Director, requesting Council approval to apply for, receive indemnify and expend a Federal Transit Administration (FTA) Section 5311 and 5311 (b)(2) Rural Transit Assist-ante Program (FTAP) grant in the amount of $51.3,023 for operational, administrative, and training expenses for the County Transportation Agency C 2007-216 Communication (05/02/2007) from the Acting Offices of Community Assistance Director requesting Council approval to apply for receive indemnify and expend a Federal Transit Administration (FTA) Section 5309 discretionary grant in the amount of $800 000 for the purchase of vehicles for the County Transportation Agency C 2007-217 Communication (05/03/2007) from the Director of Finance requesting Council approval to create an account within the County s Development Fund to allow for deposits from developers that will be earmarked for traffic improvements in the Koloa-Po ipu area. Council Meeting Agenda 4 May 24, 2007 C 2007-218 Communication (05/08/2007) from the Director of Finance requesting Council approval to accept a donation of $92353 67 from Kuku i ula Development Company LLC for costs incurred by the County to develop legislation relating to Special Improvement Financing by Community Facilities Districts Chapter 26 Kaua i County Code 1987 C 2007-219 Request (05/11/2007) from the Office of the County Attorney for authorization to expend up to $100 000 for special counsel to represent County defendants in Cindy Dusenberry, Marilyn Prem, et al., v. County of Kauai, et al. CV 07-00180 JMS/LEK (US District Court, District of Hawai i) and related matters CLAIMS. C 2007- 220 Conununication (05/02/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Dathaniel Woolsey for damages to and loss of use of his vehicle, pursuant to Section 23 06 Charter of the County of Kaua i. COMMITTEE REPORTS COMMUNITY ASSISTANCE/IGR COMMITTEE REPORT CR-CA/IGR 2007-5: on Bill No 2223A BILL FOR AN ORDINANCE REORGANIZING THE OFFICES OF COMMUNITY ASSISTANCE INTO SEPARATE AGENCIES OF HOUSING, TRANSPORTATION AND ELDERLY AFFAIRS BY AMENDING SECTIONS 2-1.6, 2-1.16, 2-1.18, 2-1.19, 2-1.20 AND 3-2.1 OF THE KAUAI COUNTY CODE 1987 AS AMENDED [Approved as amended.] PARKS & RECREATION COMMITTEE REPORTS: CR-P/REC 2007-5: on Bill No 2224 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 2, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO COUNTY DEPARTMENTS (Parks and Recreation) [Approved.] CR-P/REC 2007-6: on Bill No 2225 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19 KATTAI COUNTY CODE 1987 AS AMENDED RELATING TO PTTBLIO PARKS AND RECREATION [Approved as amended.] Council Meeting Agenda 5 May 24, 2007 PLANNING COMMITTEE REPORT CR-PL 2007-7 on Bill No 2203 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5, KAIrAI COirNTY CODE 1957 RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Superstores) [Approved.] RESOLUTIONS. Resolution No 2007-74 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Michael S Kano Fire designation, Partial Term to expire 12/31/2007) (Deferred 0510812007) Resolution No 2007-76 RESOLUTION ABANDONING THE 1940 TANK SITE AND REMNANT PARCEL, KALAHEO KAUAI, AND AUTHORIZING THE EXCHANGE WITH THE 1968 TANK SITE, KALAHEO KAUAI Resolution No 2007-77 RESOLUTION SUPPORTING THE WEED-THE- BEACH PROGRAM TO REMOVE ARTIFICIALLY INDUCED VEGETATION SEAWARD OF THE SHORELINE Resolution No 2007-78 RESOLUTION AMENDING RESOLUTION NO 2007-6.3 AUTHORIZING EXEMPTIONS FOR KALEPA VILLAGE RENTAL PROJECT Resolution No 2007-79 RESOLUTION AMENDING RESOLUTION NO 2007-28 CONFIRMING A MAYORAL APPOINTMENT TO THE COUNTY OF KAUA I FIRE COMMISSION (Linda Kaauwai-Iwamoto) BILLS FOR SECOND READING. Bill No 2218 - AN ORDINANCE AMENDING ORDINANCE NO B-2006- 645 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, 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 (Special Counsel - $200 000) (Referred 0510812007 by the Finance/Economic Deuelopmeut Committee to the May 23, 2007 Council meeting) Council Meeting Agenda 6 May 24, 2007 Bill No 2223 Draft 1 - A BILL FOR AN ORDINANCE REORGANIZING THE OFFICES OF COMMUNITY ASSISTANCE INTO SEPARATE AGENCIES OF HOUSING TRANSPORTATION AND ELDERLY AFFAIRS BY AMENDING SECTIONS 2-16 2-116 2-118 2-119 2-1.20 AND .3-2.1 OF THE KAUAI COUNTY CODE, 1987 AS AMENDED (The Commierri.ty Assi.starace/Iratergouer,rameratal Relati.oras Committee recommeraded approual cis amended oil 0511612007) Bill No 2224 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 2, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO COUNTY DEPARTMENTS (Parks and Recreation) (Tire Parks & Recreation Committee recommended approval on 0511612007) Bill No 2225 Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO PUBLIC PARKS AND RECREATION (The Parks & Recreation Committee recommended approval as amended on 0511612007) Bill No 2203 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Superstores) (The Plarrrrirrg Committee recom.m.errded approval oil 05/16/2007) UNFINISHED BUSINESS • Motion and Second to reconsider the April 25 2007 approval of Bill No 2212, Draft 1 (Deferred 0510812007) 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 tietitiion was not anticipated in advance Any such executive tietitiion 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 file in the County Attorneys Office and/or the County Clerk s Office Discussions held in Executive Session are clotted to the public.) 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 Council Meeting Agenda 7 May 24, 2007 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 1.3 Chapter 222 Hawaii Administrative Rules (Shoreline Certifications) Chapter 1880 of the Hawaii Revised Statutes (Conservation District) and Title 1.3 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 05/08/2007) ES-268 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to provide a Council briefing on Cindy Dusenberry, Marilvn Prem, et al. v. Countv of Kauai, et al. CV07-00180 JMS/LEK (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. ES-269 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 legal questions and issues pertaining to the Councils powers duties privileges immunities and liabilities regarding Bill No 2204 relating to Single Family Transient Vacation Rentals and Bed and Breakfast Operations ES-270 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Bruce Fehring, et.al. v. James H. Pflueger, et.al., Civil No 06-1-0082 (Fifth Circuit Court) 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-271 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Darla Abbatiello v. County o Kauai, et al., CV 04-00562 S(_)M/BMK W S District Court, District of Hawaii) 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 8 May 24, 2007 ES-272 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Dominador Lopez, et al. v. County of Kauai and Danilo Abadilla, CV 06-00825 JMS/KSC (U.S District Court, District of Hawaii) 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-273 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Jay Lotu and Hazel Lotu, Individuallv, and as Co-Next Friends for Sieanna Lotu, A Minor Civ No 05-1-0054 (Fifth Circuit Court) This consultation involves consideration of the powers duties privileges inununities and or liabilities of the Council and the County as they relate to this agenda item. ES-274 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Chris Kaaumoana v. County of Kauai, et al. Civ No 04-1-0078 (Fifth Circuit Court) 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-275 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Henry Alfred Barriga, et. al. v. Countv of Kauai, Civ No 05-00327 HG/KSC (U.S District Court) and John Keikiala Aana v. Countv of Kauai, Civ No 05-00328 HG/BMK (tT S District Court) 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-276 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in King C. Lum v. Kauai Countv Council, et. al. 06-00068 SOM/BMK (U S District Court) 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 9 May 24, 2007 ES-277 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes of this executive session is to consult with the County Attorney for the purpose of giving a status report in Waldorf Rov Wilson II v. George Freitas, et al., Civ No 02-1-0142 (Fifth Circuit Court) 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. 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.