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HomeMy WebLinkAbout2006-03-08 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 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: Regular Meeting of February 8, 2006 Public Hearing of February 22, 2006, re: Bill No. 2168 CUMMUNICATIUNS: C 2006-78 Communication (01/26/2006) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution for a traffic calming pilot study which reduces the speed limit from 25 miles per hour to 20 miles per hour, establishes speed tables on a portion of Weke Road from its intersection with Aku Road to its northern terminus at Blackpot Park, and establishes a 8-way stop at the intersection of Aku Road and Weke Road. (See Resoluti.orr No. 2006-08) C 2006-74 Commnunication (02/15/2006) from the Finance Director, transmitting for Council information, Financial Reports--Month Ending January 31, 2006 (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 2006-75 Commnunication (02/02/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of January 2006. Council Meeting Agenda 2 March 8, 2006 C 2006-76 Communication (02/15/2006) from Wynne M. Ushigome, Acting Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of December 31, 2005. (Reports oru file tiro the Coieraty Clerk's Office.) C 2006-77 Commnunication (02/13/2006) from the Mayor, transmitting for Council confirmation, his re-appointment of Steven B. Weinstein, 2nd term (Labor), to the County of Iiaua`i Planning Commission. C 2006-78 Commnunication (02/13/2006) from the Solid Waste Program Administrative Officer, requesting Council review and concurrence of the Solid Waste Division's Plan for a Bulky Item Pickup Program. C 2006-70 Commnunication (02/17/2006) from the Fire Chief requesting Council approval to apply for, receive, and expend a 50% matching Volunteer Fire Assistance (VFA) Program grant of $50,000, which will be used to purchase wildland fire equipment and training, and will use the cost of a new engine for Iioloa as the matching portion of this grant. C 2006-80 Communication (02/28/2006) from the Building Division Chief, requesting Council approval to apply for, receive, and expend federal funding for the Lydgate Park-Iiapa`a Bike and Pedestrian Path Wailua River Cane Haul Bridge design. The cost of the Wailua River Cane Haul Bridge design is $718,600, of which federal funding will cover 80%, and the remaining 20% will be matched by the Iiealia land contribution. C 2006-81 Commnunication (02/21/2006) from the Chief, Building Division, Department of Public Works, requesting Council approval to expend $1,000,000 in bond funds covered by Ordinance No. B-2006-636 for the Neighborhood Centers Repairs. C 2006-82 Commnunication (03/01/2006) from James Iiunane Tokioka, Parks & Public Works Committee Chair, requesting that the Administration be present at the March 8, 2006 Council meeting to provide a list of work performed at each neighborhood center, as well as the cost of the work performed using the $1,000,000 in the Building Division's FY 2006 Operating Budget for improvements at neighborhood centers. Council Meeting Agenda 8 March 8, 2006 C 2006-88 Request (02/24/2006) from the Office of the County Attorney for authorization to upend up to $100,000 for special counsel to represent County defendants in Clanton Arinaea v. Countn of Kauai, et al., Civ. No. 06-1-0016 (5th Circuit Court) and related matters. C 2006-84 Request (02/24/2006) from the Office of the County Attorney for authorization to expend up to $100,000 for special counsel to represent County defendants in lone C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 S(_)M/BMIi (U.S. District Court, District of Hawaii) and related matters. C 2006-85 Request (02/28/2006) from the Office of the County Attorney requesting approval to expend up to $100,000 for special counsel's (Goodsill Anderson (auinn & Stifel, A Limited Liability Law Partnership LLP) continued representation of the County in C ountn of Kauai. by its County Attorney Lani D. H. Nakazawa. Plaintiffs- Appellees vs. Brnan J. Baptiste, Manor, Countn ~1f Kauai, et al. and related matters. C 2006-86 Commnunication (02/24/2006) from Cynthia P. Weiss, M.A.T., of Hale `( )pio Iiaua`i, Inc. requesting to present a 15 minute PowerPoint presentation at the Council meeting on Wednesday, March 8, 2006 that focuses on the critical need for new foster parents on Iiaua`i. CLAIMS: C 2006-87 Commnunication (02/22/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Lincoln Ching, for damages to his personal property, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2006-88 Communication (02/24/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Kalani Abreu, for damages to his vehicle, pursuant to Section 28.06, Charter of the County of Kauai. Council Meeting Agenda 4 Cc_)MMITTEE REPc_)RTS: March 8, 2006 FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2006-4: on Bill No. 2168 AN ORDINANCE AMENDING ORDINANCE NU. B- 2005-632, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IiAUA'I, STATE OF HAWAII, FUR. THE FISCAL YEAR JiJLY 1, 2005 THROUGH JiJNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($176,600 General Ledger Project) [Approved.] COMMUNITY ASSISTANCE COMMITTEE REPORTS: CR-CA 2006-5: on CA 2006-8 Connuunication (2/3/2006) from Shaylene Isex2- Caxvalho, Community Assistance Committee ~"hair, requesting that the Administration be present to cliscuss the status of the Planner position for the Agency on Elderly Affairs. [Received for the record.] CR-CA 2006-6: on CA 2006-4 CR-CA 2006-7: on CA 2006-5 Connuuiucation (2/17/2006) from Shaylene Ises-i- Caxvalho, Community Assistance Committee ~"hair, requesting that the Administration be present to give an update on the Affordable Housing Task Foxce prc ~j ects. [Received for the record.] Connuuiucation (2/17/2006) from Shaylene Ises-i- Caxvalho, Community Assistance Committee ~"hair, requesting that the Administration be present to discuss the I~aua'i Housing and Traffic Solutions Coalition Housing Suxvey. [Received for the record.] ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2006-4: on EPS 2006-8 Connuunication (1/19/2006) from Mel Rapozo, Energy 3 Public Safety Committee Chair, requesting that the Chief of Police be present to cliscuss 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.] (Defer-r-ed 2/22/2006) Council Meeting Agenda CR-EPS 2006-5: on C 2006-62 5 March 8, 2006 Connuuiucation (01/23/2006) from the Chief, Builcling Division, Department of Public Works, requesting Council approval to expend $5,llllll,llllll in bond funds covered by Ordinance No. B-2006-636, for the design and construction of the new I~apa'a Fh•e Station. [Approved.] PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-9: on PPW 2006-1 Connuuiucation (2/23/2006) from Shaylene Ises-i- Caxvalho, Councilmenxber, requesting that the Admiiustration be present to give an update on the improvements to the neighborhood centers. [Received for the record.] CR-PPW 2006-10: on C 2006-68 Connuuiucation (01/23/2006) from the Chief, Builcling Division, Department of Public Works, requesting Council approval to expend $1,31111,111111 in bond funds covered by Orclinance No. B-2006-M6, for the design and construction for the renovation of the Historic County Builcling and Annex 1. [Approved.] CR-PPW 2006-11: on (~' 2006-65 CR-PPW 2006-12: on (~' 2006-66 CR-PPW 2006-13: on (~' 2006-67 Communication (01/31/2006) from the County 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 intex2or, replacement of the gutter system, chain line and return lines, replacement of the chlorinator system, replacement of the filtration system, and installation of portable aluminum bleachers. [Approved.] Communication (02/01/2006) from the County Engineer, requesting Council approval to expend $300,000 in bond funds covered by Ordinance No. B- 2006-636, for the plans and design of the I~ekaha Gardens Park Increment II Development, which will include preparing construction plans, specifications, and bid documents for a comfort station, septic tank systenx, paved parking lot, multi-pux1~ose ball field, and irrigation system upgrades. [Approved.] Communication (02/02/2006) from Edward Tschupp, Chief, Division of Wastewater Management, Department of Public Works, requesting Council 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, an impact fee update including a needs assessment study, and phased implementation plan. [Approved.] Council Meeting Agenda 6 March 8, 2006 PLANNING COMMITTEE REPORTS: CR-PL 2006-3: on Bill No. 2165 A BILL FUR. AN ORDINANCE AMENDING STATE LAND TJSE DISTRICT BUTJNDARY IN WAILTJA HOMESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) [Approved.] CR-PL 2006-4: on Bill No. 2166 A BILL FUR AN ORDINANCE AMENDING CHAPTER. 7, KAUAI COUNTY CODE 1957, RELATING TU GENERAL PLAN DESIGNATION IN WAILUA HOMESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) [Approved.] CR-PL 2006-5: on Bill No. 2167 RESOLUTIONS: A BILL FUR AN ORDINANCE CHAPTER 5, KATJAI COTJNTY RELATING TO ZONING DESK WAILUA HOMESTEADS, IiAUA'I Nishida, Jr., et al., Applicants) [Approved as amended.] AMENDING CODE 1957, :NATION IN (James E. Retiolution No. 2006-08, A RESOLUTI( )N F( )R A TRAFFIC CALMIN( x PIL( )T STUDY REDUCIN(x THE SPEED LIMIT FR( )M 25 MPH TO 20 MPH AND ESTABLISHING SPEED TABLES ON THE P( )RAION OF WERE R( )AD FR( )M ITS INTERSECTION WITH AIiU R( )AD TO ITS N( )RTHERN TERMINUS AT BLACI~POT PARK, AND ESTABLISHING A 3-WAY STOP AT THE INTERSECTION OF AI~U R( )AD AND WERE R( )AD. HANALEI DISTRICT BILLS FOR SECOND READING: Bill No. 2150 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 4, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) DEVELc_)PMENT STANDARDS WITHIN THE RESORT DISTRICT (Deferred 02/08/2006 peradi.rrg written opiruioru from, the Couruty Attorruey.) 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 (Deferred 02/08/2006perrdirrg written opiruioru from. the Couruty Attorruey.) Council Meeting Agenda 7 March 8, 2006 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 (Deferred 02/08/2006perrdirrg written opiruioru from. the Couruty Attorruey.) Bill No. 2168 - AN URDINANCE AMENDING URDINANCE N(_). 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 THR( )UGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPR( )PRIATI( )NS ESTIMATED IN THE GENERAL FUND ($176,500 General Ledger Project) (Tire Fiarance/Intergovernmental Relations Committee recommended approval orr 03/01 /2006.) Bill No. 2165 - A BILL F( )R AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN WAILUA HOMESTEADS, I~AUA`I (James E. Nishida, Jr., et al., Applicants) (Tire Plarrrriarg Committee recommertided approval orti 03/01 / 2006.) Bill No. 2166 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 7, KAUAI Cc_)UNTY Cc_)DE 1987, RELATING Tc_) GENERAL PLAN DESIGNATIc_)N IN WAILUA H(_)MESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) (Tire Plcirarai.rrg Committee recommended cipprovcd ora 03/01 /2006.) Bill No. 2167, Draft 1 - A BILL F(_)R AN ORDINANCE AMENDING CHAPTER 8, KAUAI Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING DESIGNATI(_)N IN WAILUA H(_)MESTEADS, IiAUA'I (James E. Nishida, Jr., et al., Applicants) (Tire Plcirarai.rrg Committee recommended cipprovcd cis cimerrded orr 03/01 /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). (Corufiderrtial reports orr file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cire closed to the public.) Council Meeting Agenda 8 March 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 Oounty as they relate to Bills Nos. 2150, 2151, and 2152. Deferred 02/08/2006peitidiatig wri.tteiti opiatii.oiti from tltie Couitity Attoritiey. ADJOURNMENT. NOTE: SPECIAL AC,C,OMMODATIONS AND SIGN LANC~UAC~E INTERPRETER AND INTERPRETERS FOR NON-ENCxLISH 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.