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HomeMy WebLinkAbout2006-01-25 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JANUARY 25, 2006 11:00 A.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: Mid-Month Meeting of December 14, 2005 Special Meeting of January 12, 2006, re: Interview-Board of Review mayoral appointee. Public Hearing of January 12, 2006, re: Bills Nos. 2162, 2163, and 2164. CUMMUNICATIUNS: C 2006-19 Communication (01/05/2006) 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 provide an update on the status of Ordinance No. PM-2005-872, relating to the Villas at Puali housing development in Puhi. (Deferred 1/12/2006) C 2006-80 Commnunication (12/30/2005) from the Finance Director, requesting Council approval to supplement the training and analysis budget by $176,500 for analysis, training and implementation of a county- wide GMBA (government management budget and accounting) general ledger improvement project. (See Proposed Draft Bill No. 2168) C 2006-81 Communication (01/10/2006) from the Mayor, transmitting for Council information, his re-appointment of Peter Pohaku Ii. Nishimitsu to the County of Iiaua'i Historic Preservation Review Committee. Council Meeting Agenda 2 January 25, 2006 C 2006-82 Communication (01/04/2006) from the Executive on Transportation, requesting Council approval to indemnify The Judiciary, State of Hawaii, in exchange for operating a County bus stop at the Lihu`e Courthouse facility. C 2006-83 Communication (01/06/2006) from Richard Ii. Minatoya, First Deputy Prosecuting Attorney, requesting Council approval to accept a Hewlett-Packard ze5730us notebook computer, which is forfeited property from the State Asset Forfeiture Program from the State of Hawaii Department of the Attorney General, to be used for trial matters in the new courthouse. (~' 2006-34 Commnunication (01/09/2006) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend a $104,000 FY 2005 Edward J. Byrne Memorial Justice Grant to establish a Property ('rime Prosecution Unit, and to indemnify the State of Hawaii, Department of the Attorney General. (~' 2006-35 Commnunication (01/09/2006) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend a $45,600 FY 2005 Edward J. Byrne Memorial Justice Grant for the expansion of the Domestic Violence Prosecution Program, and to indemnify the State of Hawaii, Department of the Attorney General. C 2006-36 Request (01/12/2006) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to continue to retain outside counsel and to engage additional outside counsel to represent the County and County entities in Darla Abbatiello v. County of Kauai, et al., Civ. No. 04- 00562 SOM/BMIi and associated matters. (~' 2006-37 Request (01/13/2006) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to continue to engage special counsel (two attorneys) to hear and prosecute matters for the Board of Ethics. (~' 2006-38 Commnunication (01/19/2006) from the Director of Finance, requesting Council approval to accept a donation of $92,353.67 from Kuku`i`Ula Development Company (Hawai`i), LLC for the costs incurred by the County to develop enabling legislation relating to Special Improvement Financing by Community Facilities Districts, Chapter 26, Kauai County Code 1987. Council Meeting Agenda 8 January 25, 2006 C 2006-89 Communication (01/19/2006) from the Director of Finance, requesting Council approval to accept, draw clown, and upend a $50,000 advance deposit and all future deposits from Iiukui'Ula Development Company (Hawai`i), LLC, which will be used to pay for expenses related to the creation of a Coimnunity Facilities District for said company. (~' 2006-41 Commnunication (01/13/2006) from Lorna A. Nishimitsu, informing the Council that James E. Nishida, et al. is now being represented by Belles Graham Proudfoot & Wilson. (See Bills Nos. 2165, 2166 aitid 2167 oiti 01 /12/2006 Couitici.l ageitida) CLAIMS: C 2006-40 Communication (01/09/2006) from the County Clerk transmitting a claim filed against the County of Iiaua'i by Rae Vaoifi, GEICU representative, as subrogee for Marcial Laroque for damage to her vehicle, pursuant to Section 28.06, Charter of the County of Iiaua'i. Cc_)MMITTEE REPc_)RTS: COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-2: on CA 2005-6 Commuiucation (11/17/2000 from Shaylene Isex2- Caxvalho, Community Assistance Committee ~"hair, requesting that the Administration be present to provide a status of the Agency on Elderly Affairs with regards to compliance with State/Federal mandates. [Received for the record.] ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2006-3: on Bill No. 2164 A BILL FUR. AN ORDINANCE AUTHORIZING THE EYECTJTIUN OF A LUNG-TERM LICENSE AGREEMENT WITH MULUA'AHUI LANDS, INC. [Approved.] PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-4: on Bill No. 2162 AN ORDINANCE AMENDING ORDINANCE NU. B-2006-6SS AS AMENDED, RELATING TU THE CAPITAL BTJDGET OF THE COTJNTY OF KATJA`I, STATE OF HAWAII, FUR THE FISCAL YEAR JTJLY 1, 2006 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRTJST FTJND FUR Council Meeting Agenda 4 January 25, 2006 PARKS 3 PLAYGROUNDS ($3b,670.00-Park Improvements 3 Equipment, Iiawaihau Distx2ct) [Approved.] CR-PPW 2006-5: on Bill No. 2163 AN ORDINANCE AMENDING ORDINANCE NU. B- 2005-633 AS AMENDED, RELATING TO THE CAPITAL BTJDGET OF THE COTJNTY OF KATJA`I, STATE OF HAWAII, FUR. THE FISCAL YEAR. JULY 1, 2006 THROUGH JUNE 30, 2006, BY REVISING THE STJRPLTJS AND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND FUR. PARKS 3 PLAYGROUNDS ($109,000.00 - Park Improvements ~ Equipment, I~awaihau District) [Approved.] CR-PPW 2006-6: on C 2006-11 Connuuiucation (12/09/2006) from the Chief, Builcling Division, Department of Public Works, requesting Council approval to apply for, receive, and expend $b0,000 in federal funds for design services, of which the County match is $20,000, for the Hardy Street Safety Improvements project. [Approved.] CR-PPW 2006-7: 011 (~' 2006-12 Communication (01/06/2006) from the Chief, Builcling Division, Department of Public Works, amencling his November 30, 2005 request to hire a project/construction manager to assist the Builcling Division with facility development (C 2006-420) by increasing the nunxber 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 Bxulcling - Construction budget of $1,000,000 (pending bond) and anticipated project management of $75,000, and 2. Hanapepe Adolescent Treatment Facility Total budget of $2,376,000 with a project manager budget of $b4,600. [Approved with condition that no monies from the bond float shall be used for the Wailua Golf C-nurse Maintenance Building for the Project C-onstruction Manager position until and unless bond float monies for the maintenance building are approved by the C-ouncil.] CR-PPW 2006-8: on (~' 2005-420 Communication (11/30/2005) from Douglas Haigh, Chief, Builcling Division, requesting Council approval to hire a project/construction manager, funded through grants and budgeted CIP projects, for facility developments of the Lydgate to Iiapa'a Bike 3 Pedestrian Path Design ~ Construction, Ahukini to Lydgate Bike ~ Pedestrian Path Planning ~ DB Council Meeting Agenda 5 January 25, 2006 PLANNING COMMITTEE REPORT: CR-PL 2006-1: on PL 2006-1 CR-PL 2006-2: on PL 2005-6 RESOLUTIONS: Construction, Iiuna Bay to Anahola Bike 3 Pedestx2an Path Planning 3 DB Construction, ADA County Facilities Improvements Construction, and Lydgate Sport Fields Design ~ Construction. [Approved.] Commuiucation (1/10/2003) from JoAiux A. Yukimura, Planning Committee Chair, requesting the presence of Dennis J. Hwang, author, and Dolan Eversol of the Department of Land and Natural Resources to discuss the recently published Hawaii Coastal Hazard Mitigation Guidebook. [Received for the record.] Communication (11/17/2000 from JoAiux A. Yukimura, Planning Committee Chair, requesting the presence of the Planning Director to give an update on projects cux~~ently undertaken by the Planning Department. (Succession Planning, GIS Program, Implementation of Act lb3 SLH 2006, Coastal Zone Erosion Study, I:xhxi e Town Fore Urban Design Plan, Status of Bill on Single Family Vacation Rentals) [Received for the record.] Resolution No. 2005-78, RES(_)LUTI(_)N ESTABLISHING PARKING RESTRICTIONS ON PE`E R( )AD, PO`IPLr, COUNTY OF KAUAI (Deferred 01/12/2006) Resolution No. 2005-62, Draft 3, RESOLUTI( )N REC~UESTING THAT THE STATE LEGISLATURE AUTHc_)RIZE THE STATE DEPARTMENT OF TRANSP( )RTATION, HARBORS DIVISI( )N, TO IMPOSE AND COLLECT FEES ON INTERNATIONAL PASSENGER CRUISE SHIPS, INCLUDING THE HAWAII SUPERFERRY, Tc_) DEVELc_)P AND FUND DRUG INTERDICTIc_)N AND INVASIVE SPECIES PREVENTION (Deferred 01 /12/2006) Resolution No. 2005-72, RES(_)LUTI(_)N AUTH(_)RIZING A PERF(_)RMANCE AUDIT OF THE SOLID WASTE DIVISION, DEPARTMENT OF PUBLIC WORKS, PURSUANT T(_) SECTI(_)N 3.12(B) OF THE IiAUA`I C(_)UNTY CHARTER (Deferred 01 /12/2006) Resolution No. 2006-02, RES(_)LUTI(_)N T(_) C(_)NFIRM MAY(_)RAL RE-APP( )INTMENT TO THE BOARD OF REVIEW (Reginald P. (rage, II, Second Term) Council Meeting Agenda 6 January 25, 2006 Resolution No. 2006-08, RES(_)LUTI(_)N T(_) C(_)NFIRM MAY(_)RAL RE-APP( )INTMENT TO THE BOARD OF REVIEW (La Verne L. Bessert, Second Term) Resolution No. 2006-04, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL APP( )INTMENT TO THE LIC~U( )R CONTR( )L COMMISSION (Thomas T. Tokioka, First Term) BILLS FOR FIRST READING: Proposed Draft Bill No. 2168 - AN ORDINANCE AMENDING ORDINANCE Nc_). B-2005-682, AS AMENDED, RELATING Tc_) THE OPERATING BUDGET OF THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND ($176,500 General Ledger Project) BILLS Fc_)R SECc_)ND READING: Bill No. 2150 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 4, I~AUA`I COUNTY CODE 1987, RELATING TO DEVEL( )PMENT STANDARDS WITHIN THE RESORT DISTRICT (Deferred 01 /12/2006) Bill No. 2151 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, IiAUA'I C(_)UNTY C(_)DE 1987, RELATING T(_) PUBLIC ACCESS-WAYS (Defer~r~ed 01/12/2006) Bill No. 2152 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, IiAUA'I Cc_)UNTY Cc_)DE 1987, AS AMENDED RELATING Tc_) SUBDIVISIc_)NS (Defer~r~ed 01 /12/2006) Bill No. 2164 - A BILL FOR AN ORDINANCE AUTHORIZING THE EXECUTION OF A L( )NG-TERM LICENSE AGREEMENT WITH MOL( )A`A HUI LANDS, INC. (Tltie Eitiergy & Public Safety Committee recommeitided approval oiti 01/19/2006) Council Meeting Agenda 7 January 25, 2006 Bill No. 2162 - AN ORDINANCE AMENDING ORDINANCE N(_). B-2005-633 AS AMENDED, RELATING Tc_) THE CAPITAL BUDGET OF THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2005 THRc_)UGH JUNE 80, 2006, BY REVISING THE SURPLUS AND APPRc_)PRIATIc_)NS ESTIMATED IN THE SPECIAL TRUST FUND Fc_)R PARKS & PLAYGRc_)UNDS ($38,570.00-Park Improvements & Equipment, Iiawaihau District) (Tlre Pcir~ks & Public Ihorks Committee recommended approval on 01/19/2006) Bill No. 2163 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2005-633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2005 THR( )UGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPR( )PRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND F( )R PARIiS & PLAYc xR( )UNDS ($109,000.00 -Park Improvements & Equipment, Iiawaihau District) (Tire Parks & Public Ihorks Committee recommertided approval orti 01/19/2006) EYECUTIVE SESSI(_)N: 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 orti file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held iar Executi.ue Sessi.orr are closed to fire publi.c.) ES-208 Pursuant to Haw. Rev. Stat. Sections 92-4, 92-5(a)(4), and 92-5(a)(6), the purpose of this executive session is to consult with the County's legal counsel regarding the status of a claim filed by Cindy Dusenberry, for emotional distress, pursuant to Section 23.06, Charter of the County of Iiauai. 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-204 Pursuant to Haw. Rev. Stat. Sections 92-4, 92-5(a)(4), and 92-5(a)(6), the purpose of this executive session is to consult with the County's legal counsel regarding the status of a claim filed by Analyn Manzano, for emotional distress, pursuant to Section 23.06, Charter of the County of Iiauai. 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 January 25, 2006 ADJOURNMENT. 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, IiAUA`I. TELEPHONE NO. 241-6371.