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Home My WebLink About2006-02-22 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, FEBRUARY 22, 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: Regular Meeting of January 12, 2006 Mid-Mouth Meeting of January 25, 2006 Public Hearing of February 8, 2006, re: Bills Nos. 2165, 2166, and 2167 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. (Defer~r~ed 02/08/2006) C 2006-58 Communication (11/09/2005) from the Director of Planning, transmitting the Planning Commission's recommendation to amend Condition No. 6 of Ordinance No. PM-85-79, as amended by Ordinance No. PM-62-80, Ordinance No. PM-49-79, Ordinance No. PM-96-82, Ordinance No. PM-128-85, Ordinance No. PM-147-86, )rdinance No. PM-164-88, and Ordinance No. PM-2003-364, relating to a pedestrian access way bridge that was recommended no longer applicable to the Waipouli Town Center and the Iiaua`i Village Shopping Center for the purpose originally required. (Pasco Iiauai Village LLC., Applicant) (Eualuati.oiti, aitid Plaitiitiiatig Commissi.oiti's public ltieariatig miatiutes of September 13, 2005 are oiti file iati tltie Couitity Clerk's nffi.ce.) (See Proposed Draft Bill No. 2169) Council Meeting Agenda 2 February 22, 2006 C 2006-59 Communication (01/09/2006) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 05/06 2nd (quarter Statement of Equipment Purchases. (Report oru file tiro the Couruty Clerk's Office) C 2006-60 Communication (01/10/2006) from the Director of Personnel Services, transmitting for Council information, the first quarter report (July - September) relative to vacancies, established positions, new hires, reallocations and promotions. (Confi.denti.al reports on file iar fire County Clerk's Offi.ce.) (~' 2006-61 Oormnunication (01/12/2006) from Oouncihnember Jay Furfaro, requesting that Rodney Ii. Haraga, Director, Department of Transportation, or his representative, be present at a Oouncil meeting in February to discuss the change order to contractor Iioga Engineering, to include ramps and a pedestrian crosswalk at the intersection of the Iiapa`a Bypass Road and Olohena Road. (~' 2006-62 Oormnunication (01/28/2006) from the (~'hief, Building Division, Department of Public Works, requesting Council approval to upend $5,000,000 in bond funds covered by Urdinance No. B-2006-686, for the design and construction of the new liapa`a Fire Station. C 2006-68 Communication (01/28/2006) from the Chief, Building Division, Department of Public Works, requesting Council approval to upend $1,800,000 in bond funds covered by Urdinance No. B-2006-636, for the design and construction for the renovation of the Historic County Building and Annex 1. C 2006-64 Communication (01/28/2006) from the Chief, Building Division, Department of Public Works, requesting Oouncil approval to expend $1,000,000 in bond funds covered by Ordinance No. B-2006-636, to supplement the planning, design, and construction of the fire damaged Wailua (xolf Oourse maintenance building. (~' 2006-65 Oormnunication (01/31/2006) from the Oounty Engineer, requesting Council approval to expend $750,000 in bond funds covered by Ordinance No. B-2006-636, for the renovation of the Waimea Pool, which includes the refinishing of the pool's interior, replacement of the gutter system, drain line and return lines, replacement of the chlorinator system, replacement of the filtration system, and installation of portable aluminum bleachers. Council Meeting Agenda 8 February 22, 2006 C 2006-66 Communication (02/01/2006) from the County Engineer, requesting Council approval to upend $800,000 in bond funds covered by Ordinance No. B-2006-636, for the plans and design of the Kekaha Gardens Park Increment II Development, which will include preparing construction plans, specifications, and bid documents for a comfort station, septic tank system, paved parking lot, multi- purposeball field, and irrigation system upgrades. (~' 2006-67 (~'oimnunication (02/02/2006) from Edward Tschupp, (~'hief, Division of Wastewater Management, Department of Public Works, requesting (~'ouncil approval to utilize unused funds in the Wastewater Division for procuring professional services for preparing a long term financial analysis of the wastewater expansion projects, including a rate study, au impact fee update including a needs assessment study, and phased implementation plan. (~' 2006-68 (~'oimnunication (02/03/2006) from the Prosecuting Attorney, requesting (~'ouncil approval to receive and expend State Asset Forfeiture funds in the amount of $1,000.00 for the purchase of software and parts to upgrade their Hewlett-Packard notebook computer, to provide their attorneys the ability to enhance their courtroom presentations. C 2006-69 Communication (02/09/2006) from James Iiunane Tokioka, Council Vice Chair, HSAC Representative & NAC'o Board Member, transmitting for Council approval: 1. requesting approval of C'ouncilmember Mel Rapozo as the Hawaii State Association of Counties alternate replacing C'ouncilmember Daryl K. Kaneshiro for the remainder of the term ending December 1, 2006, and 2. requesting approval of C'ouncilmember Daryl K. Kaneshiro to serve on the National Association of Counties Board as his replacement for the remainder of the term ending December 1.2006. (~' 2006-70 (~'oimnunication (02/14/2006) from the Deputy Director of Finance, requesting (~'ouncil approval to write off uncollectible delinquent real property accounts that are in excess of $1,000. Council Meeting Agenda 4 February 22, 2006 C 2006-71 Communication (02/16/2006) from the Council Chair, transmitting for Council consideration, a resolution authorizing the execution of a deposit and reimbursement agreement and acceptance of initial deposit ($50,000) from Iiukui`ula Development Company (Hawai`i), LLC in accordance with Section 26-1.18 of Ordinance No. 887 (Relating to Special Improvement Financing by Community Facilities District). CLAIMS: C 2006-72 Commnunication (01/27/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by AI(x Hawaii Insurance as subrogee for their insured Iievin Nunn for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. COMMITTEE REPORTS: COMMUNITY ASSISTANCE COMMITTEE REPORTS: CR-CA 2006-3: on CA 2006-1 Commnunication (2/1/2006) from Shaylene Iseri- Carvalho, Community Assistance Committee Chair, requesting that the Administration be present to discuss the Housing and Community Development Corporation of Hawaii (HCDCH) Resolution No. 101 relating to affordable housing. [Received for the record.] CR-CA 2006-4: on CA 2006-2 Communication (1/11/2006) from Shaylene Iseri- Carvalho, Community Assistance Committee Chair, requesting that the Administration be present to discuss the housing survey and the affordable housing policy. [Received for the record.] ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2006-4: on EPS 2006-3 Communication (1/19/2006) from Mel Rapozo, Energy & Public Safety Committee Chair, requesting that the Chief of Police be present to discuss the goals and objectives for the Police Department and how he will achieve and accomplish meeting his financial responsibility as it relates to the budget for the remainder of the year. [Received for the record.] Council Meeting Agenda 5 February 22, 2006 RESULUTIUNS: Resolution No. 2006-07, RES(_)LUTI(_)N AUTH(_)RIZING EXECUTI(_)N OF DEPc_)SIT AND REIMBURSEMENT AGREEMENT AND ACCEPTANCE OF INITIAL DEPc_)SIT Fc_)R IiUIiUI`ULA Cc_)MMUNITY FACILITIES DISTRICT BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2169 - A BILL F( )R AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM-35-79, AS AMENDED BY ORDINANCE N( ). PM-49-79, ORDINANCE N( ). PM-62-80, ORDINANCE N( ). PM- 96-82, ORDINANCE N( ). PM-128-85, ORDINANCE N( ). PM-147-86, ORDINANCE N( ). PM-164-88, AND ORDINANCE N( ). PM-2003-64, RELATING TO A PEDESTRIAN ACCESSWAY BRIDGE CONDITION (Pasco Iiauai Village LLC., Applicant) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Council may, when deemed necessary, hold au 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). (Corufiderutial r~epor~ts oru file tiro the Couruty Attor~rrey's Office cirud/or~ the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cir~e closed to the public.) ES-179 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purposes of this executive session are for the Council to receive a briefing from the Office of the County Attorney and special counsel on Alvin M. Seto v. Georee Freitas, Jr., et al., Civ. No. 03-00259 MEA/LEIi (U.S. District Court, District of Hawai`i), consult with legal counsel on questions and issues related to the case and consult with legal counsel for the purposes of deliberating and deciding on a proposed settlement. 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. (Deferred 03/03/2005 peudiarg update from special counsel.) ES-209 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 Marilyn E. Prem for violation of privacy and emotional distress pursuant to Section 28.06, Charter of the County of Kauai. 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 22, 2006 ADJOLTRN112ENT. NOTE: If the Council is not finished with this meeting by approximately 1:00 p.m., it «rill recess for public hearings. After the public hearings, the Council «Till reconvene to complete any unfinished business. Bill No. 2168 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-632, AS AMENDED, RELATING TO THE OPERATING B UDGET OF THE COUNTY OF KA UA`l, STATE OF HAWAI`l, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($I76, 500 General Ledger Project) 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 pasted 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.