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HomeMy WebLinkAbout2006-02-08 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, FEBRUARY 8, 2006 9:00 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: Special Meeting of January 25, 2006, re: Interviews and ES-205 C(_)MMUNICATI(_)NS: 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. (Defer~r~ed 01 /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 Commnunity Facilities District for said company. (Deferred 01 /25/2006) C 2006- 42 Communication (01/18/2006) from the Executive on Transportation, transmitting for Council action, a resolution adding a public transportation bus stop on Ula Road in Waimea, that fronts the Boys and Girls Clubhouse, and will primarily serve youth attending programs there. (See Resolutioru No. 2006-05) Council Meeting Agenda 2 February 8, 2006 C 2006-48 Communication (01/20/2006) from C'ouncilmember JoAnn A. Yukimura, transmitting for Council action, a resolution requesting that the Administration promote agriculture and agricultural products, by amending its rules and regulations for the County Sunshine Market to allow the sale of processed agricultural goods such as honey and goats cheese, to be sold at the Sunshine Markets. (See Resoluti.orr No. 2006-06) (~' 2006-44 Commnunication (01/11/2006) from the (~'hief, Building Division, transmitting the Monthly Report on Building Permit Information for the mouths of September through December 2005. (~' 2006-45 Commnunication (01/17/2006) from the Finance Director, transmitting for Council information, Financial Reports--Month Ending December 31, 2005 (Copi.es of Detailed Budget Report (Listi.ng), Statement of Reuenu.es-Estimated and Actual (Listi.ng), Statement of Expenditures and Encumbrances (Listiarg), artid Reuenu.e Report (Listiarg), aa•e on file iar the County Clerk's Offi.ce). C 2006-46 Communication (01/26/2006) from C'ouncilmember Mel Rapozo, providing a written disclosure of a possible conflict of interest on C 2006-85 on the January 25, 2006 Council agenda, because his company M&P Legal Support Services, LLC provides professional process services. C 2006-47 Communication (01/26/2006) from Lorna A. Nishimitsu, Counsel for James E. Nishida, Jr., et al., transmitting for Council information, the original Affidavit as to the mailing or delivery of the Notice to area residents for the State Land Use Boundary Amendment Application, Wailua Homesteads, Iiaua`i, Hawaii, TMIi No. (4)4-2-22-15. (See Public Hearirug Bills Nos. 2165, 2166, crud 2167) (~' 2006-48 Commnunication (01/27/2006) from the Director of Finance, transmitting for Council information, Statement of Condition of the County Treasury as of December 20, 2005. (~' 2006-40 Request (01/25/2006) from the Office of the County Attorney requesting approval to expend up to $6,413.73 for special counsel's continued advice and representation in Carl Raeasa, et al. vs. County of Iiaua`i, et al., (~'ivil No. 03-00540 SPIT/BMIi (U.S. District Court, District of Hawaii) and associated matters. Council Meeting Agenda 8 February 8, 2006 C 2006-50 Request (02/01/2006) from the Office of the County Attorney requesting approval to upend up to $100,000 for special counsel to represent County defendants in Sharon McCnlley and William McCulley v. County of Iiaua`i, Damien M. Mendiola and Scott Iiaui, Civ. No. 06-00022 JMS/IiSC (U.S. District Court, District of Hawaii) and related matters. (~' 2006-51 Commnunication (01/31/2006) from Faye Akasaki, Manager, Member Services, I~aua`i Island Utility Cooperative (I~IUC), requesting time on the next Council agenda to update the Council on the status of IiIUC's Rural Economic Development Loan and Grant Program (REDLG), of which in 2005, IiIUC was a successful recipient of a USDA Rural Economic Development Grant for the new Iiaua`i Hospice Facility. LEGAL DOCUMENTS: C 2006-52 License agreement with Moloa`a Hui Lands, Inc., fora 800 Mhz Repeater Site, from November 1, 2005 through and expiring on June 80, 2015, for Council approval as recoimnended in a communication (01/26/2006) from the Mayor. CLAIMS: C 2006-58 Communication (10/21/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Bernadette Aken, for damages to personal property, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2006-54 Communication (10/21/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Marilyn E. Prem, for damages to personal property, pursuant to Section 28.06, Charter of the County of I~aua`i. C 2006-55 Commnunication (01/13/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Young Bok U, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. Council Meeting Agenda 4 February 8, 2006 C 2006-56 Communication (01/23/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Lily M. Morinaka, for personal injuries and damages to personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-57 Communication (01/23/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Ana M. Vargas, Island Insurance Companies, on behalf of Scotty's Beachside BBC~1 for reimbursement for asphalt patching and referring Sandra Sahners to the County for personal injury, pursuant to Section 23.06, Charter of the County of Iiaua`i. COMMITTEE REPORT: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2006-3: on Resolution No. 2005-62, Draft 3 RESOLUTION RE(~UESTING THAT THE STATE LEGISLATTJRE ATJTHURIZE THE STATE DEPARTMENT OF TRANSPORTATION, HARBORS DI~'ISIUN, TU IMPOSE AND OULLEOT FEES UN INTERNATIONAL PASSENGER CRTJISE SHIPS, INCLTJDING THE HAWAII STJPERFERRY, TU DEVELOP AND FTJND DRTJG INTERDIOTIUN AND IN~'ASI~'E SPEOIES PRE~'ENTIUN [Approved as amended.] RESOLUTIONS: 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 (Defer~r~ed 01 /25/2006) Resolution No. 2005-62, Draft 4, RESOLUTI( )N REC~UESTING THAT THE STATE LEcxISLATURE AUTHORIZE THE STATE DEPARTMENT OF TRANSP( )RTATION, HARBORS DIVISION, TO DEVEL( )P AND IMPLEMENT A COMPREHENSIVE PROGRAM FOR DRUG INTERDICTION AND INVASIVE SPECIES PREVENTI( )N (T/tie Fiatiaitice htitergouentimeitital Relati.oitis Committee recommeitided approval as ameitided oiti 02/01 /2006.) Resolution No. 2006-05, RESOLUTION ESTABLISHING A PUBLIC TRANSP( )RTATION BUS STOP ON OLA R( )AD, WAIMEA DISTRICT, COUNTY )F KAUAI Council Meeting Agenda 5 February 8, 2006 Resolution No. 2006-06, RES(_)LUTI(_)N RE(aUESTING THE ADMINISTRATIc_)N Tc_) PRc_)Mc_)TE AND ALLc_)W AGRICULTURAL PRc_)DUCTS GROWN & PRc_)CESSED UN IiAUA'I AT THE IiAUA'I SUNSHINE MARKETS 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 /25/2006) Bill No. 2151 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9, I~AUA`I COUNTY CODE 1987, RELATING TO PUBLIC ACCESS-WAYS (Deferred 01/25/2006) Bill No. 2152 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9, I~AUA`I COUNTY CODE 1987, AS AMENDED RELATING TO SUBDIVISI( )NS (Deferred 01 /25/2006) Bill No. 2164 - A BILL F(_)R AN ORDINANCE AUTH(_)RIZING THE EYECUTIc_)N OF A Lc_)NG-TERM LICENSE AGREEMENT WITH Mc_)Lc_)A'A HUI LANDS, INC. (Defer~r~ed 01/25/2006peradi.rrg receipt of the li.cerrse cigr~eemerat.) 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). (Corrfiderrtial r~epor~ts orr file tiro the County Attor~rrey's Office curd/or~ the County Clerk's Office. Discussions held tiro Executive Session cir~e closed to the public.) ES-206 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 a claim filed by Cindy Dusenberry, for emotional distress, pursuant to Section 28.06, Charter of the County of Iiaua'i. 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 6 February 8, 2006 ES-207 Pursuant to Haw. Rev. Stat. Sections 92-4 and 92-5(a)(4) the purpose of this executive session is for the Council to consult with legal counsel regarding Bills Nos. 2150 (relating to provision of lateral public access within the Resort District), 2151 (relating to the provision of lateral public access within subdivisions), and 2152 {relating to the prohibition of gates and/or guard stations on new subdivision developments). The briefing and consultation involves consideration of the powers, privileges, immunities, and/or liabilities of the Council and the County as they relate to Bills Nos. 2150, 2151, and 2152. ES-208 Pursuant to Haw. Rev. Stat. Sections 92-4 and 92-5(a)(4), the purpose of this executive session is for the Council to consult with legal counsel regarding requests from the public to access government records. The briefing and consultation involves consideration of the powers, privileges, immunities and/or liabilities of the Council and the County as they relate to the requests from the public for government records. ADJOURNMENT. NOTE: If the Council is not finished with this meeting by approximately 1:00 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2165 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN WAILUA HOMESTEADS, KAUAI (James E. Nishida, Jr., et al., Applicants) Bill No. 2166 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 7, KAUAI COUNTY CODE I9S7, RELATING TO GENERAL PLAN DESIGNATION IN WAILUA HOMESTEADS, KAUAI (James E. Nishida, Jr., et al., Applicants) Bill No. 2167 - A BILL FOR AN ORDINANCE AMENDING CHAPTER S, KAUAI COUNTY CODE I9S7, RELATING TO ZONING DESIGNATION IN WAILUA HOMESTEADS, KAUAI (James E. Nishida, Jr., et al., Applicants) 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 (~:ouncil 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 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.