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HomeMy WebLinkAbout2006-03-22 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 22, 2006 9:00 A.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of February 22, 2006 C(_)MMUNICATI(_)NS: 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. Counts of Kauai, et al., Civ. No. 06-1-0016 (5th Circuit Court) and related matters. (Defer~r~ed 03/08/2006) 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 Rine C. Lum v. Iiaua`i Counts Council, et al., Civ. No. 06-00068 SOM/BMIi (U.S. District Court, District of Hawaii) and related matters. (Deferred 03/08/2006) 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 ousts of Kauai. by its County Attorney Lani D. H. Nakazawa. Plaintiffs- Appellees vs. Brnan J. Baptiste, Manor, Counts ~1f Kauai, et al. and related matters. (Defer~r~ed 03/08/2006) Council Meeting Agenda 2 March 22, 2006 C 2006-89 Communication (03/15/2006) from the Mayor, submitting his FY 2006-2007 budget message, along with his proposed operating budget and capital improvements budgets. (Detailed Line Item on file in the County Clerk's Uffice.) (See Resolutioru No. 2006-09 crud Proposed Draft Bills No. 2170 crud No. 2171) C 2006-90 Communication (03/01/2006) from the Mayor, transmitting for Council action, a bill authorizing the execution of a 65-year lease with the State of Hawaii for the establishment of a regional park in Port Allen. (See Proposed Draft Bill No. 2172) C 2006-91 Commnunication (03/09/2006) from Councihnember Jay Furfaro, transmitting for Council action, a bill extending the sunset date for the additional dwelling unit. (See Proposed Draft Bill No. 2173) C 2006-92 Commnunication (03/03/2006) from Clint Y. Saiki, Fiscal Management Officer, Department of Public Works, transmitting for Council action, a bill authorizing additional funding of $1,057,900 from the available unappropriated surplus for increased electricity and fuel costs. (See Proposed Draft Bill No. 2174) C 2006-98 Communication (03/14/2006) from the County Engineer, requesting Council approval to transfer $186,531 from the General Fund unappropriated surplus to the Solidwaste Fund to be able to award the bid for loading and hauling white goods and scrap metal from Hanalei, Kapa`a, and Hanapepe refuse transfer stations and the Iiekaha landfill, because the only bid received for this solicitation exceeded available funding. (See Proposed Draft Bill No. 2175) C 2006-94 Communication (03/03/2006) from the Executive on Housing, transmitting for Council action, a resolution authorizing the filing of the 2006 Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 2006 HOME Investment Partnerships Program projects. (See Resolution No. 2006-11) C 2006-95 Commnunication (03/03/2006) from the Executive on Housing, transmitting for Council action, a resolution authorizing the filing of the 2006 Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 2006 Community Development Block Grant (CDBG) projects. (See Resolution No. 2006-12) Council Meeting Agenda 8 March 22, 2006 C 2006-96 Communication (02/28/2006) from the Director of Finance, transmitting for Council information, the Iiaua`i Humane Society's Second (quarter Report for FY 2006, and cash flow analysis. C 2006-97 Communication (03/02/2006) from the Mayor, transmitting for Council information his appointment of Randolph F. Wichman, partial term (Planning), to the County of Iiaua`i Historic Preservation Review Commission. (~' 2006-98 (~'oimnunication (02/14/2006) from the (~'hief of Police, requesting (~'ouncil approval to expend $23,000 from the (~'riininal Asset Forfeiture Fund, to purchase the following equipment that meet the criteria for use of asset forfeiture moneys, and are not budgeted for in the current budget, for the Investigative Services Bureau (ISB) and Administrative and Technical Bureau (ATB), to assist and/or enhance their work performance: 1. 2-Laser color printers ~~ $3,000 each $ 6,000 2. 2-paper shredders ~~ $3,300 each 6,600 3. 1-Fax machine 1,100 4. 1-(~'omputer video projector & screen 1,800 5. 2-Ballistic shields ~~ $2,000 each 4,000 6. 1-Audio/visual monitoring & recording equipt. 8.500 T(_)TAL $28,000 C 2006-99 Communication (02/21/2006) from the Chief of Police, requesting Council approval to apply for, receive, and expend $11,700 from the Asset Forfeiture Fund, to purchase 80 Stop Stick spike strips, which includes 8 spare units, a training kit, warranty and shipping, and will be used to assist officers to end vehicle pursuits in a quick and safe manner, and without injury. C 2006-100 Communication (02/27/2006) from the Fire Chief, requesting Council approval to expend $5,589.00 from the light equipment account to purchase a new ATV for the Iiekaha Tower, replacing the existing ATV, which will cost approximately $4,304.15 to repair. (~' 2006-101 Commnunication (02/24/2006) from the Executive on Recreation, requesting Council approval to purchase a pool lift for the Iiapa`a Swimming Pool for approximately $4,800, replacing damaged equipment which will meet ADA (American with Disabilities Act) requirements. Council Meeting Agenda 4 March 22, 2006 C 2006-102 Communication (02/28/2006) from the Executive on Aging, requesting Council approval to receive, indemnify, and expend $5,000.00 in State funds for emergency shelter for abused elders. C 2006-103 Communication (03/06/2006) from James Iiunane Tokioka, HSAC (Hawai`i State Association of Counties) Treasurer, transmitting for Council consideration and approval, the proposed Hawaii State Association of Counties (HSAC) fiscal year 2006-2007 annual budget. C 2006-104 Commnunication (02/15/2006) from the County Engineer, requesting Council approval to expend $2,000,000 in bond funds covered by Ordinance No. B-2006-636, for the development of the Vidinha Stadium Baseball Field Lighting System. Construction plans and bid specification for the project work are completed and they are prepared to solicit bids by May 2006. C 2006-105 Commnunication (03/14/2006) from the County Engineer, requesting Council approval to apply for a United States Environmental Protection Agency (EPA) grant of $882,300, for cesspool replacements at private low income housing facilities and historical plantation housing facilities, of which matching funds of $812,791 or 45% will come from private property owners. The County of Kauai will manage the grant and project development. LEGAL DOCUMENTS: C 2006-106 Agreement between Iiikiaola Land Company Ltd. (KLC) and the County of Kauai: 1. to dispose treated wastewater from the Waimea Wastewater Treatment Plant (WWTP) on KLC property, Tax Map Key No. (4)-1-2-6:8, 9, and 41, from January 1, 2006 through and including December 31, 2006, and 2. for the County to indemnify and hold harmless IiLC. C 2006-107 Agreement between Iiikiaola Land Company Ltd. (IiLC) and the County of Kauai to: 1. dispose treated wastewater from the Waimea Wastewater Treatment Plant (WWTP) into an isolation ditch on IiLC property, Tax Map Key No. (4)-1-2-6-9, 2. for IiLC to accept and reuse R-2 effluent, and 3. for the County to indemnify and hold harmless IiLC. Council Meeting Agenda 5 March 22, 2006 C 2006-108 Agreement between Iiikiaola Land Company Ltd. (KLC) and the County of Iiaua'i for IiLC to: 1. connect a membrane system package wastewater treatment plant (package plant) to be constructed by IiLC, to the County's Waimea Wastewater Treatment Plant (WWTP), 2. to grant a license to the County to operate, maintain and repair the package plant, and 3. for the County to indemnify and hold harmless IiLC. COMMITTEE REPORT: PLANNING COMMITTEE REPORT: CR-PL 2006-6: on PL 2006-2 Communication (3/S/2006) from JoAnn A. Yukimura, Planning Conuuittee Chair, requesting agenda time for the Office of State Planning and its consultants to bx2ef the Committee on the UP/CZM Rural Policy and Best Practices Project. [Received for the record.] SPECIAL ORDER OF THE DAY: 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) (Pursuant to Couuci.l Rule No. 5(e), iarsuffi.ci.eut cotes to carry fire maiar moti.ou at fire 03/08/2006 Couuci.l meetiarg.) Bill No. 2166 - A BILL F(_)R 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) (Pur~sucirut to Courucil Rule No. 5(e), irrsufficierrt cotes to ccir~r~y the mciirr m.otioru cit the 03/08/2006 Couructil m.eetirug.) 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) (Pier~sucirat to Coieraci.l Rule No. 5(e), i.rrsuffici.errt cotes to ccir~r~y the mciirr m.otioru cit the 03/08/2006 Courucil m.eetirug.) Council Meeting Agenda 6 RESULUTIUNS: March 22, 2006 Resolution No. 2006-08, A RES(_)LUTI(_)N F(_)R A TRAFFIC CALMING PILc_)T STUDY REDUCING THE SPEED LIMIT FRc_)M 25 MPH Tc_) 20 MPH AND ESTABLISHING SPEED TABLES UN THE Pc_)RTIc_)N OF WERE Rc_)AD FRc_)M ITS INTERSECTIc_)N WITH AIiU Rc_)AD Tc_) ITS Nc_)RTHERN TERMINUS AT BLACIiPc_)T PARK, AND ESTABLISHING A 8-WAY STc_)P AT THE INTERSECTIc_)N OF AIiU Rc_)AD AND WERE Rc_)AD, HANALEI DISTRICT (Defer~r~ed 03/08/2006) Resolution No. 2006-09, RESOLUTI( )N ESTABLISHING THE REAL PR( )PERTY TAX RATES F( )R THE FISCAL YEAR JULY 1, 2006 T( JUNE 30, 2007 F( )R THE COUNTY OF I~AUA`I Resolution No. 2006-10, RESOLUTION TO CONFIRM MAY( )RAL RE-APPOINTMENT TO THE PLANNING COMMISSI( )N (Steven B. Weinstein, 2nd Terin, Labor) Resolution No. 2006-11, RESOLUTION AUTHORIZING THE FILING OF THE I~AUA`I COUNTY 2006 ACTI( )N PLAN (HOME INVESTMENT PARTNERSHIPS PRc_)GRAM) WITH THE DEPARTMENT OF Hc_)USING AND URBAN DEVELc_)PMENT, UNITED STATES OF AMERICA, Fc_)R A GRANT UNDER TITLE II OF THE CRANSTc_)N-GUNZALEZ NATIc_)NAL AFFc_)RDABLE Hc_)USING ACT OF 1990. AS AMENDED Resolution No. 2006-12, RES(_)LUTI(_)N AUTH(_)RIZING THE FILING OF THE IiAUA'I Cc_)UNTY 2006 ACTIc_)N PLAN (COMMUNITY DEVELc_)PMENT BLc_)CIi GRANT) WITH THE DEPARTMENT OF Hc_)USING AND URBAN DEVELc_)PMENT, UNITED STATES OF AMERICA, Fc_)R A GRANT UNDER TITLE I OF THE Hc_)USING AND Cc_)MMUNITY DEVELc_)PMENT ACT OF 1974 AND 1987 (PUBLIC LAWS OF 98-383 AND 100-242), AS AMENDED BILLS FOR FIRST READING: Proposed Draft Bill No. 2170 - A BILL F( )R AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF F( )R THE FISCAL YEAR JULY 1, 2006 TO JUNE 30, 2007 Proposed Draft Bill No. 2171 - A BILL F( )R AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF F( )R THE FISCAL YEAR JULY 1, 2006 TO JUNE 30, 2007 Council Meeting Agenda 7 March 22, 2006 Proposed Draft Bill No. 2172 - A BILL F(_)R AN URDINANCE AUTHc_)RIZING THE EYECUTIc_)N OF A Lc_)NG TERM LEASE WITH THE STATE OF HAWAII Fc_)R THE ESTABLISHMENT OF A REGIc_)NAL PARK IN Pc_)RT ALLEN Proposed Draft Bill No. 2173 - A BILL F(_)R AN URDINANCE AMENDING SECTION 8-26.1, I~AUA`I COUNTY CODE, 1987, RELATING TO ADDITIONAL DWELLING x UNIT ON OTHER THAN RESIDENTIALLY ZONED L( )TS Proposed Draft Bill No. 2174 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPR( )PRIATI( )NS ESTIMATED IN THE GENERAL FUND ($895,900 Electricity and Fuel Increases) Proposed Draft Bill No. 2175 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2005-632 AS AMENDED, RELATING TO THE OPERATING 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 APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND ($186,581 White Goods) BILLS Fc_)R SECc_)ND READING: Bill No. 2150 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 8, ARTICLE 4, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) DEVELc_)PMENT STANDARDS WITHIN THE RES(_)RT DISTRICT (Defer~r~ed 03/08/2006) 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 03/08/2006) 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 03/08/2006) Council Meeting Agenda 8 March 22, 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). (Corufiderutial r~epor~ts oru file tiro the Couruty Attor~rrey's Office cirud/or~ the Couruty Clerk's Office. Discussiorus held iar Executi.ue Session are closed to fire publi.c.) 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 (~'ouncil and the (~'ounty as they relate to Bills Nos. 2150, 2151, and 2152. (Deferred 03/08/2006) 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 (~'ounty's legal counsel regarding a claim filed by MarilSm E. Prem for violation of privacy and emotional distress pursuant to Section 23.06, (~'harter 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. (Defer~r~ed 02/22/2006 perrdirrg firr-ther~ irufor~matioru.) ADJOURNMENT. Council Meeting Agenda 9 March 22, 2006 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. 2I69 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM- 35-79, AS AMENDED BY ORDINANCE NO. PM-49-79, ORDINANCE NO. PM-S2-80, ORDINANCE NO. PM- 96-52, ORDINANCE NO. PM-I28-85, ORDINANCE NO. PM-I47-8S, ORDINANCE NO. PM-I 54-88, AND ORDINANCE NO. PM-2003-64, RELATING TO A PEDESTRIAN ACCESSWAY BRIDGE CONDITION (Passco Kauai V llage LLC., Applicant) 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 NIEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.