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HomeMy WebLinkAbout2006-01-12 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JANUARY 12, 2006 1:00 P.M. 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 17, 2005 Special Meeting of December 14, 2005, re: Police Commission Appointee Interview Special Meeting of December 14, 2005, re: draft Lihu`e Civic Center Master Plan Workshop CUMMUNICATIUNS: C 2006-01 Communication (11/15/2005) from the Director of Planning, transmitting the Planning Commission's recommendation to approve State Land Use District Boundary Amendment petition A- 2005-2 by changing from the State Agricultural District to the State Rural District, by amending approximately 8.67 acres within the Iiawaihau District as noted in Exhibit I of the Applicant's petition. (James E. Nishida, Jr., et al., Applicants) (Staff report aitid enaluati.oiti, Appli.caitit's peti.ti.oiti, aitid Plaitiitiiatig Commissi.oiti miatiutes of July 26, ?005 aitid August 23, ?005 are oiti file iati tltie Couitity Clerk's nffi.ce.) (See Proposed Draft Bill No. ?165) Council Meeting Agenda 2 January 12, 2006 C 2006-02 Communication (11/15/2005) from the Director of Planning, transmitting the Planning Commission's recommendation to approve General Plan Amendment petition GPA-2005-1 by changing from "Agriculture" to "Residential Community", by amending approximately 8.67 acres of the General Plan within the Kawaihau District as noted in Exhibit J of the Applicant's petition. (James E. Nishida, Jr., et al., Applicants) (Staff report and enaluati.on, Appli.cant's peti.ti.on, artid Planning Commission miarutes of July 26, 2005 artid August 23, 2005 are on file iar fire County Clerk's Offi.ce.) (See Proposed Draft Bill No. 2166) (~' 2006-03 Commnunication (11/15/2005) from the Director of Planning, transmitting the Planning Commission's recommendation to approve Zoning Amendment ZA-2005-3, changing zoning designation from the Agriculture District (A) and Upen District ((_)) to Residential District (R-2) and Upen District ((_)), by amending approximately 6.17 acres within the liawaihau District as noted in Exhibit li of the Applicant's petition. (James E. Nishida, Jr., et al., Applicants) (Staff report arud eucduatiora, Applicant's petition, arud Plaruruirug Com.m.issioru m.iruutes of July 26, 2005 arud August 23, 2005 are ora file i.rr the Coreraty Clerk's Office.) (See Proposed Draft Bill No. 2167) (~' 2006-04 Commnunication (12/22/2005) from the Council ('hair, transmitting for Council consideration, a resolution amending Rule No. 1 of the Council Rules, by changing the meeting days for Regular Council and Standing Committee meetings from Thursdays to Wednesdays and also changes the starting time of the Regular Council meetings from 1:00 p.m. to 9:00 a.m. (See Resolution No. 2006-01) C 2006-05 Communication (11/28/2005) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, final copies of the Department of Water's summary of proposed water projects for the 2006 Legislative Session for Kauai. C 2006-06 Communication (12/14/2005) from the Finance Director, transmitting for Council information, Financial Reports--Month Ending November 80, 2005 (Copies of Detailed Budget Report (Listirug), Statem.erut of Reueruues-Estimated arud Actual (Listirug), Statement of Expenditures and Encumbrances (Listiarg), and Reuenu.e Report (Listiarg), aa•e on file iar the County Clerk's Offi.ce). Council Meeting Agenda 8 January 12, 2006 C 2006-07 Communication (12/14/2005) from C'ouncilmember Jay Furfaro, declaring a possible conflict of interest on the Workshop with the Administration, (Department of Public Works, Building Division) and PBR Hawaii (Consultants) to discuss the draft Lihu'e Civic Center Master Plan because of a family member's employment with the County consultant, PBR Hawaii. (~' 2006-08 (~'oimnunication (01/05/2006) from James Iiunane Tokioka, (~'ouncil Vice ('hair, declaring a possible conflict of interest, regarding the impending interview and resolution relating to the appointment of Thomas T. Tokioka to the Liquor (~'ontrol (~'ominission, because of his family relationship to the appointee. C 2006-09 Communication (12/06/2005) from the Executive on Housing, requesting Council approval to: 1. repurchase Lot 8, Hanapepe Self-Help Housing, located at 3399 Kai Lani Place, Hanapepe, Hawaii, for $165,250.00 2. resell Lot 8, Hanapepe Self-Help Housing, located at 8399 Kai Lani Place, Hanapepe, Hawaii, as a 55-year leasehold estate for $192,000.00, 8. resell Lot 9, Hanapepe Self-Help Housing, located at 3403 Kai Lani Place, Hanapepe, Hawaii as a 55-year leasehold estate for $222,000.00, and 4. authorize the County Clerk to sign legal documents relating to the repurchase and leasehold sale transactions. (~' 2006-10 (~'oimnunication (12/06/2005) from the (~'hief of Police, requesting the (~'ouncil to: 1. approve acceptance of federal funds in the amount of $15,804.00 for the Sexual Assault Nurse Examiners Training project, 2. release of indeimiification for the Sexual Assault Nurse Examiners Training, 3. approve a (~'ounty cash match of $2,500.00 for the project, and 4. approve a donation of $2,768.00 from the Friends of the Children's Justice Center for this project. C 2006-11 Communication (12/09/2005) from the Chief, Building Division, Department of Public Works, requesting Council approval to apply for, receive, and expend $80,000 in federal funds for design services, of which the County match is $20,000, for the Hardy Street Safety Improvements project. Council Meeting Agenda 4 January 12, 2006 C 2006-12 Communication (01/06/2006) from the Chief, Building Division, Department of Public Works, amending his November 80, 2005 request to hire a project/construction manager to assist the Building Division with facility development (C 2005-420) by increasing the number of hires to a maximum of three (3) and to add the following two (2) additional projects to the list: 1. Wailua Golf Course Maintenance Building -Construction budget of $1,000,000 (pending bond) and anticipated project management of $75,000, and 2. Hanapepe Adolescent Treatment Facility -Total budget of $2,375,000 with a project manager budget of $84,600. C 2006-13 Commnunication (12/13/2005) from the Prosecuting Attorney, requesting Council approval to apply, receive, and expend federal funds in the amount of $186,841.00 for the Iiaua`i V()CA (Victims of Crime Act) Expansion Project and to indeimiify the State of Hawaii, Department of the Attorney General. These funds will be used for salaries, operational expenses, and training for the Office of the Prosecuting Attorney, Victim/Witness Program. C 2006-14 Commnunication (12/09/2005) from the Mayor, transmitting for Council confirmation, his appointment of Thomas T. Tokioka, 1Gt Term, to the County of liaua`i Liquor Control Commission. C 2006-15 Communication (12/27/2005) from the Mayor, transmitting for Council confirmation, his re-appointment of Laverne L. Bessert, 2nd Term, to the County of liaua`i Board of Review. C 2006-16 Communication (12/29/2005) from the Mayor, transmitting for Council confirmation, his re-appointment of Reginald Gage, 2na Term, to the County of liaua`i Board of Review. C 2006-17 Commnunication (12/22/2005) from the Executive on Aging, requesting Council approval to apply for, accept, and expend $76,593.00 in federal funds from the Corporation for National and Coimnunity Service, which will be used for the continuing operations of the Iiaua`i RSVP (Retired and Senior Volunteer Program) project during the 2006 program year (January 1, 2006- December 31, 2006). Council Meeting Agenda 5 January 12, 2006 (~' 2006-18 Request (0] /05/2006) from the Office of the County Attorney for authorization to expend up to $100,000 from the special cowxsel account to continue to retain outside counsel and to engage additional outside counsel to represent the County and County entities in associated matters. C 2000-10 Communication (Ol/05/2006) from James Iiunane Tokioka, Council Vice Chair, requesting that the Director, Offices of Community Assistance be present at the January 12 , 2006 Council meeting to pro~ride an update on the status of ~ )rdinance No. PM-2005-372. relating to the Villas at Puali housing development in Puhi. CLAIMS: (~ 2006-20 Communication (11/10/2005) from the County Clerk, transmitting a claim filed against the County of Kauai by Heather (xibson, for personal injuries, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2006-21 C'omxmmication (12/01/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Cindy Dusenberry. for emotional distress, pursuant to Section 28.06, Charter of the County of Kauai. C 2006-22 Commnunication (12/05/2005) from the County Clerk, transmitting a claim filed against the County of Kauai by Ernestina Atanacio, for damages to her vehicle, pursuant to Section 23.00, Charter of the County of Kauai. (~' 2000-23 Communication (12/05/2005) from the County ("lerk, transmitting a claim filed against the County of Iiaua`i by Dr. Marv Rohrer, for damages to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2000-24 Communication (L2/07/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by The Hartford Insurance Company for reimbursement for damages to their insured's vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 6 January 12, 2006 C 2006-25 Communication (12/07/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Analyn Manzano for emotional distress, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2006-26 Communication (12/15/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Robert Nomi for damages to his Vehicle, pursuant to Section 28.06, Charter of the County of I~aua`i. C 2006-27 Commnunication (12/15/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Steven Iiaauwai for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2006-28 Commnunication (12/23/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by David Hardy for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2006-29 Communication (12/28/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Ryan Ii. Puni for damages to his Vehicle, pursuant to Section 28.06, Charter of the County of Iiaua`i. Cc_)MMITTEE REPc_)RTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 2006-1: on Resolution No. 2005-6'Z, Draft 1 RESOLUTION RE(1UESTING THAT THE STATE LEGISLATURE AUTHORIZE THE STATE DEPARTMENT OF TRANSPORTATION, HARBORS DIVISION, TU IMPOSE AND COLLECT FEES UN PASSENGER CRUISE SHIPS, INCLUDING THE HAWAII SUPERFERRY, TO DEVELOP AND FUND DRUG INTERDICTION AND INVASIVE SPECIES PREVENTION [Approved as amended.] Council Meeting Agenda 7 January 12, 2006 CR-F/IGR 2006-2: on Bill No. 'Z 160 AN ORDINANCE AMENDING ORDINANCE NU. B- 2005-633, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF hAUA`I, STATE OF HAWAII, FUR THE FISCAL YEAR JULY 1, 2005 TU JUNE 30, 2006, BY REVISING THE REVENUES AND APPROPRIATIONS ESTIMATED IN THE BOND FUND -CIP [Approved as amended.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-1: on CA'Z005-7 Communication (11/17/2005) from Shaylene Iseri- Carvalho, Community Assistance Committee Chair, requesting that the Administration be present to give an update on the Housing Survey and the status of the Affordable Housing Policy. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORTS: CR-EPS 2006-1: on EPS 'Z006-'Z Communication (12/30/2005) from Daryl Kaneshiro, Councilmember, declaring a conflict of interest on EPS 2006-1 due to his employment at Iiaua`i Petroleum. [Received for the record.] CR-EPS 2006-2: on EPS'Z006-1 Communication (12/29/2005) from Mel Rapozo, Chair, Energy and Public Safety Committee, inviting State Senator Gary L. Hooser (District 7, Kauai 8~ Ni`ihau) and other members of the State Legislature to appear before the Council's Energy and Public Safety Committee on January 5, 2006 to provide information about the Hawaii Gas Cap Law and the impact it has had on gas prices. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-1: on C'Z005-419 Communication (11/30/2005) from Douglas Haigh, Chief, Building Division, requesting Council approval to apply for, receive, and spend $500,000 of federal funds for planning services for the Nawiliwili to Ahukini phase of the Nawiliwili to Anahola bike and pedestrian path project. [Approved.] Council Meeting Agenda CR-PPW 2006-2: on C 2005-4Z0 CR-PPW 2006-3: on Resolution No RESOLUTIONS: 8 January 12, 2006 Communication (11/30/?005) from Douglas Haigh, Chief, Building Division, requesting Council approval to hire aproject/construction manager, funded through grants and budgeted CIP projects, for facility developments of the Lydgate to Kapa`a Bike 8~ Pedestrian Path Design 8~ Construction, Ahukini to Lydgate Bike 8~ Pedestrian Path Planning 8~ D/B Construction, Kuna Bay to Anahola Bike 8~ Pedestrian Path Planning 8~ D/B Construction, ADA County Facilities Improvements Construction, and Lydgate Sport Fields Design 8~ Construction. [Approved.] 2005-7'Z RESOLUTION AUTHORIZING A PERFORMANCE AUDIT OF THE SOLID WASTE DIVISION, DEPARTMENT OF PUBLIC WURIiS, PURSUANT TO SECTION 3.12(B) OF THE IiAUA`I COUNTY CHARTER [Approved.] Resolution No. 2005-71, RESOLUTION CONFIRMING MAY( )RAL APP(_)INTMENT T(_) THE B(_)ARD OF REVIEW (Richard S. Koenig, Jr., First Term) (Deferred 12/14/2005 pendiarg iatiterui.ew.) Resolution No. 2005-78, RES(_)LUTI(_)N ESTABLISHING PARKING RESTRICTIONS ON PE`E R( )AD, PO`IPLr, COUNTY OF KAUAI (Deferred 12/14/2005) Resolution No. 2005-62, Draft 2, RES(_)LUTI(_)N RE(aUESTING THAT THE STATE LEGISLATURE AUTHc_)RIZE THE STATE DEPARTMENT OF TRANSPc_)RTATIc_)N, HARBc_)RS DIVISIc_)N, Tc_) IMPc_)SE AND Cc_)LLECT FEES UN INTERNATIc_)NAL PASSENGER CRUISE SHIPS, INCLUDING THE HAWAII SUPERFERRY, Tc_) DEVELc_)P AND FUND DRUG INTERDICTIc_)N AND INVASIVE SPECIES PREVENTI(_)N (Tlre Fi.racirace/Irrtergouer~rrmerrtcd Relations Committee recommended approval as amended on 01/05/2006) Resolution No. 2005-72, RES(_)LUTI(_)N AUTH(_)RIZING A PERF(_)RMANCE AUDIT OF THE Sc_)LID WASTE DIVISIc_)N, DEPARTMENT OF PUBLIC WURIiS, PURSUANT T(_) SECTI(_)N 3.12(B) OF THE IiAUA`I C(_)UNTY CHARTER (The Pcir~ks & Piebli.c Works Committee r~ecommeraded cipproucd ora 01 /05/2006) Council Meeting Agenda 9 January 12, 2006 Resolution No. 2006-01, RES(_)LUTI(_)N AMENDING RULE N(_). 1 OF THE RULES OF THE COUNCIL OF THE COUNTY OF KAUAI (See C 2006-04) BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2165 - A BILL F(_)R AN URDINANCE AMENDING STATE LAND USE DISTRICT Bc_)UNDARY IN WAILUA Hc_)MESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) (See C 2006-01) Proposed Draft Bill No. 2166 - A BILL F(_)R AN URDINANCE AMENDING CHAPTER 7, KAUAI COUNTY CODE 1987, RELATING TO GENERAL PLAN DESIGNATI(_)N IN WAILUA H(_)MESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) (See C 2006-02) Proposed Draft Bill No. 2167 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATI(_)N IN WAILUA H(_)MESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) (See C 2006-03) BILLS Fc_)R SECc_)ND READING: Bill No. 2150 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 4, KAUAI COUNTY CODE 1987, RELATING TO DEVEL( )PMENT STANDARDS WITHIN THE RESORT DISTRICT (Deferred 12/14/2005) Bill No. 2151 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 9, IiAUA'I C(_)UNTY C(_)DE 1987, RELATING T(_) PUBLIC ACCESS-WAYS (Defer~r~ed 12/14/2005) Bill No. 2152 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 9, IiAUA'I Cc_)UNTY Cc_)DE 1987, AS AMENDED RELATING Tc_) SUBDIVISIc_)NS (Defer~r~ed 12/14/2005) Bill No. 2160, Draft 1 - AN URDINANCE AMENDING URDINANCE N(_). B- 2005-683, RELATING T(_) THE CAPITAL BUDGET OF THE C(_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2005 Tc_) JUNE 80, 2006, BY REVISING THE REVENUES AND APPRc_)PRIATIc_)NS ESTIMATED IN THE B(_)ND FUND -CIP (Tlre Fi.racirace/Irrter~gouer~rrmerrtcil Relciti.orrs Committee r~ecommerrded cippr~oucd cis cimeraded ora 01/05/2006) Council Meeting Agenda 10 January 12, 2006 EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") X92-7(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. X92-4 and shall be limited to those items described in H.R.S. X92-5{a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) 1~DJOLTRN112ENT. NOTE: If the Council is not finished with this meeting by approximately 2:00 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2162 -AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAT3TAI`I, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REi~ISING THE SURPLUSAND APPROPRIATIONS ESTIMATED W THE SPECIAL, TRUST FUND FOR PARKS & PLAYGROUNDS ($38,570.00-Parklr~aprovements &Equipment, KawalhauDistrict) Ball No. 2163 -AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633 ASAMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUArTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 200.1 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUSAND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS ($109,D00.00-Park ltatproverrEents &Equiptatent, KawaihauDistrict) Bill No. 2164 - A BILL, FOR AN ORDINANCE AUTHORIZING THE EXECUTION OF A LONG-TERM LICENSE AGREEMENTWITHMOLOAAHUILANDS, INC. 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 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 FIVE (5} DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 2D6, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.