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HomeMy WebLinkAbout2006-04-12 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 12, 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 March 8, 2006 Emergency Meeting of March 17, 2006 Special Meeting of March 22, 2006 Public Hearing of March 22, 2006, re: Bill No. 2169 CUMMUNICATIUNS: C 2006-113 Communication (03/17/2006) from the Executive on Housing, transmitting for Council action, a resolution recognizing April 17 - 28, 2006 as National Community Development Week 2006. (See Resolutioru No. 2006-13) C 2006-114 Communication (04/04/2006) from the Council Vice Chair, transmitting for Council consideration a resolution urging the Governor of the State of Hawaii and the State Department of Health, Disability and Commnunication Access Board, to fairly and adequately reimburse the County of Iiaua`i for expenses incurred in the operation of the Statewide Program on Parking for Persons with Disabilities. (See Resoluti.oiti No. 2006-14) C 2006-115 Commnunication (03/13/2006) from the Director of Personnel Services, transmitting for Council information, the second quarter report (October - December) relative to vacancies, established positions, new hires, reallocations and promotions. (Coitifi.deititi.al reports oiti file iati tltie Couitity Clerk's nffi.ce.) Council Meeting Agenda 2 April 12, 2006 C 2006-116 Communication (08/16/2006) from the Solid Waste Program Administrative Officer, transmitting for Council information, the final monthly reports from Island Recycling, Inc. for the months of November 2005, December 2005, and January 2006, and spreadsheets quantifying materials collected for each month during the fiscal years ending 2003, 2004, and 2005, as well as a partial report for the fiscal year ending 2006 (July 2005-January 2006). (~' 2006-117 Commnunication (03/20/2006) from the Director of Finance, transmitting for Council information, Financial Reports--Month Ending February 28, 2006 (Copi.es of Detailed Budget Report (Listi.ng), Statement of Reuenu.es-Estimated and Actual (Listi.ng), Statement of Expenditures and Encumbrances (Listiatig), and Reuenu.e Report (Listiatig), aa•e on file iati the County Clerk's Offi.ce). (~' 2006-118 Commnunication (04/03/2006) from the Director of Finance, certifying that the unreserved undesignated fund balance of $11,871,178 for the fiscal year ending June 80, 2005, is true and correct to the best of his knowledge. C 2006-119 Communication (03/29/2006) from C'ouncilmember JoAnn A. Yukimura, requesting that the Administration provide information to the public about real property tax relief for flood impacted residents. C 2006-120 Communication (08/02/2006) from the Police Chief, requesting Council approval to apply for, receive, and ex1~end $4,968.00 from the Asset Forfeiture Fund to purchase six (6) Whelen inner-edge undercover LED lighting systems. C 2006-121 Commnunication (03/07/2006) from the Executive on Recreation, requesting Council approval to include and indemnify the D()E's (Department of Education) Chiefess Iiamakahelei Middle School, Iioloa Elementary School, Bing Iiaumuali`i Elementary School, and Wilcox Elementary School as additional insured in its agreement for the use of the school's facilities for the operation of the 2006 Summer Enrichment Program, which will operate at the specified sites from June 13 through July 14, 2006. Council Meeting Agenda 8 April 12, 2006 C 2006-122 Communication (08/23/2006) from the Chair, Board of Ethics, transmitting, for Council consideration: 1. the Findings of Fact and Conclusions of Law of the Board of Ethics and its Hearing Officer in Case 04-001 ("Findings"), 2. the Order Denying Respondent Michael Ching's Motion for Reconsideration, and 8. the Board of Ethics recommendations. (~' 2006-123 Coimnunication (03/24/2006) from James Iiunane Tokioka, HSAC (Hawai`i State Association of Counties) Board Member, requesting Council approval of the nominations of the following Councihnembers to serve on the NACo (National Association of Counties) Board of Directors for the period of July 1, 2006 through June 30, 2007: 1. Councihnember Daryl W. Iianeshiro (County of Iiaua`i) 2. Council ('hair (x. Riki Hokama (County of Maui) 8. Council ('hair Donovan M. Dela Cruz (City and County of Honolulu) (~' 2006-124 Coimnunication (03/24/2006) from James Iiunane Tokioka, HSAC (Hawai`i State Association of Counties) Board Member, requesting Council approval of the nominations of the following C'ouncilmembers to serve on the WIR (Western Interstate Region) Board of Directors for the period of July 1, 2006 through June 80, 2007: 1. Council Chair Stacy Ii. Higa (County of Hawaii) 2. C'ouncilmember Mel Rapozo (County of Kauai) C 2006-125 Communication (08/29/2006) from James Kunane 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. (~' 2006-126 Coimnunication (03/30/2006) from Councilmember JoAiui A. Yukimura, requesting that the County Engineer be present at the April 12, 2006 Council meeting to discuss the recent sewage spill that occurred on March 26, 2006 at Lydgate Park, and also provide a status of decontamination procedures at Lydgate Park. Council Meeting Agenda 4 April 12, 2006 (~' 2006-127 Communication (03/31/2006) from the Chief, Engineering Division, Department of Public Works, requesting Council approval to apply for federal disaster assistance funding from the United States Department of Agriculture (USDA), Natural Resource Conservation Service (NRCS), under the provisions of Section 408, Agricultural Credit Act of 1978 to remove debris in and along the Wailapa Stream, a result of the Kaloko Reservoir breach on March 14, 2006. C 2006-128 C'oxnmunication (04/06/2006) from (`ouncihnember JoAxm A. Yukimura, requesting thne at the April 12, 2006 Council meeting for Mr. David Biggs to present information on state-of-the-art planning technology being used to assist communities in planning their future. CLAIMS: C 2006-]29 Communication (08/13/2006) from the County Clerk, transmitting a claim filed against the (~'-ounty of Kana`i by Tara Waialeale-Rivera, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-130 C'omxnunication (03/14/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Joseph Kua, for damages to his vehicle, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2006-131 C'oxmnunication (03/23/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by State Farm Insurance as subrogee of James L. Evans, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. (~' 2006-132 Communication (08/24/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert ~ xray Maclellan, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. (~' 2006-133 Communication (08/28/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Martin Bocobo, for personal injuries, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 5 April 12, 2006 C 2006-134 Communication (03/28/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Darren Cummings, for wrongful identification as person responsible for a crime, pursuant to Section 28.06, Charter of the County of Kauai. C 2006-135 Communication (03/28/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Toshio Kaneko, for damages to her property, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PARKS &PUBLIC PARKS COMMITTEE REPORTS: CR-PPW 2006-14: on PPW 2006-3 Communication (3/2/2006) from Councihnember Mel Rapozo, requesting that the Administration be present to give an update on the Wailua Motorcross Track Project and future plans for a motorcross track. [Received for the record.] CR-PPW 2006-15: on C 2006-64 CR-PPW 2006-16: on PPW 2006-2 CR-PPW 2006-17: on PPW 2006-4 Communication (01/28/2006) from the Chief, Building Division, Department of Public Works, requesting Council approval to upend $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 Golf Course maintenance building. [Approved.] Communication (2/23/2006) from Jay Furfaro, Councihnember, requesting that the Administration be present to discuss the Moloa`a bridge situation, emergency bridging equipment and "roads in limbo." [Received for the record.] Communication (3/9/2006) from Councihnember Jay Furfaro, requesting that the Administration be present to give an update on the Iiapa`a Transfer Station greenwaste hauling. [Received for the record.] Council Meeting Agenda 6 April 12, 2006 RESULUTIUNS: 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 (Deferred 03/22/2006) Resolution No. 2006-11, RESOLUTION AUTHORIZING THE FILING OF THE I~AUA`I COUNTY 2006 ACTI( )N PLAN (HOME INVESTMENT PARTNERSHIPS PROCxRAM) WITH THE DEPARTMENT OF HOUSINcx AND URBAN DEVEL( )PMENT, UNITED STATES OF AMERICA, F( )R A GRANT UNDER TITLE II OF THE CRANSTON-cxONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED (Defer~•ed 03/22/2006) Resolution No. 2006-12, RESOLUTION AUTHORIZING THE FILING OF THE I~AUA`I COUNTY 2006 ACTI( )N PLAN (COMMUNITY DEVEL( )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 93-383 AND 100-242), AS AMENDED (Deferred 03/22/2006) Resolution No. 2006-18, RES(_)LUTI(_)N REC(_)GNIZING APRIL 17- APRIL 23. 2006 AS NATI(_)NAL C(_)MMUNITY DEVEL(_)PMENT WEEK 2006 Resolution No. 2006-14, URGING THE GUVERNUR OF THE STATE OF HAWAII AND THE STATE DEPARTMENT OF HEALTH, DISABILITY AND Cc_)MMUNICATIc_)N ACCESS Bc_)ARD Tc_) FAIRLY AND ADE(aUATELY REIMBURSE THE COUNTY OF I~AUA`I F( )R EXPENSES INCURRED IN THE )PERATI( )N OF THE STATEWIDE PROGRAM ON PARKING F( )R PERSONS WITH DISABILITIES BILLS FOR SECOND 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 03/22/2006) Council Meeting Agenda 7 April 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 (Deferred 03/22/2006) 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 (Deferred 03/22/2006) 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). (Confi.denti.al reports on file iar fire County Attorney's nffi.ce and/or fire County Clerk's nffi.ce. Discussions held iar Executi.ue Session are closed to fire publi.c.) ES-218 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-219 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2) and (8); 92F-13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work, and to consider matters of public safety and security. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Meeting Agenda 8 April 12, 2006 ES-220 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-221 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 the claim filed by (Windy Dusenberry, for emotional distress, pursuant to Section 23.06, (~'harter of the (~'ounty of Iiaua`i. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the (~'ouncil and the (~'ounty as they relate to this agenda item. ES-222 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. ADJOURNMENT. Council Meeting Agenda 9 April 12, 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. 2I72 - A BILL FOR AN ORDINANCE A UTHORIZING THE EXECUTION OFA LONG TERM LEASE WITH THE STATE OF HAWAI `I FOR THE ESTABLISHMENT OFA REGIONAL PARK IN PORT ALLEN Bill No. 2I74 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-632 AS AMENDED, RELATING TO THE OPERATING B UDGET OF THE COUNTY OF KA UA7, STATE OF HAWAII, FOR THE FISCAL YEAR JULY I, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($595,900 Electricity and Fuel Increases) Bill No. 2175 - AN ORDINANCE AMENDING ORDINANCE NO. 8-2005-632 AS AMENDED, RELATING TO THE OPERATING B UDGET OF THE COUNTY OF KA UA`l, STATE OF HAWAI`l, FOR THE FISCAL YEAR JULY I, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($I S6, 53I White Goods) 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 MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.