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HomeMy WebLinkAbout2006-04-26 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 26, 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 22, 2006 Public Hearing of April 12, 2006, re: Bills Nos. 2172, 2174, and 2175 CUMMUNICATIUNS: C 2006-136 Communication (03/09/2006) from the Planning Director, transmitting the Planning Commission's recommendation to approve Zoning Amendment ZA-2006-2, to amend a portion of Zoning Map ZM-LI 400 affecting approximately 5 acres from Upen District ((_)) to Residential District (R-4), in Lihu'e, Iiaua'i. (Grove Farm Properties, Inc., Applicant) (Staff r~epor~t grad eualnati.ori, Applicant's petition, crud Plaruruirug Com.m.issioru m.iruutes of October 25, 2005 are oru file iru the Couruty Clerk's Office.) (See Proposed Draft Bill No. 2177) C 2006-137 Commnunication (03/15/2006) from the Planning Director, transmitting the Planning Commission's recommendation to approve Zoning Amendment ZA-2006-3, to amend Zoning Map ZM- IiL-300 from Agriculture (A) and Open Districts (()) to Residential District (R-4). (Scott Brown & Jason Brown, Applicants) (Staff report and eualuati.on, Appli.cant's peti.ti.on, and Planning Commission miarutes of January 24, 2006 and January 31, 2006 are on file iar fire County Clerk's Offi.ce.) (See Proposed Draft Bill No. 2178) Council Meeting Agenda 2 April 26, 2006 C 2006-138 Communication (04/16/2006) from the Director of Finance, transmitting for Council action, a bill appropriating $950,000 to the Disaster Trust Fund, which was previously appropriated by Emergency Ordinance B-2006-640, as reconciling expenditures to this appropriation may require additional time. (See Proposed Draft Bill No. 2179) (~' 2006-139 (~'ormnunication (04/20/2006) from the (~'ounty Engineer, requesting (~'ouncil approval to transfer $50,000 from the Olohena Bridge account to a new highway appropriation account entitled Wawae Road Improvement & Laud Acquisition, for the negotiation and purchase of the roadway encroachment. (See Proposed Draft Bill No. ?180) (~' 2006-140 (~'ormnunication (04/10/2006) from (~'ouncilmembers JoAiui A. Yukimura and Jay Furfaro, transmitting for (~'ouncil consideration, a resolution urging a federal or independent investigation of the Iia Loko Reservoir dam breach. (See Resolution No. ?006-15) C 2006-141 Communication (04/04/2006) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 05/06 8~'d (quarter Statement of Equipment Purchases. (Report oru file tiro the Couruty Clerk's Office) C 2006-142 Communication (03/24/2006) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, a list of emergency equipment items procured during the heavy rains and flooding that occurred beginning on March 14, 2006: 1. Une (1) Dell Latitude Laptop Computer for Public Works, Building Division, 2. Une (1) Concrete Boom Pump, rental of, for Moloa`a Bridge, 3. One (1) (~'oncrete Boom Pump, rental of, for Moloa`a Bridge, and 4. Six (6) (~'hainsaws, (~'ivil Defense (~' 2006-143 (~'ormnunication (02/10/2006) from James Y. Nakayama, Senior Manager, IiMH LLP, transmitting for (~'ouncil information, final reports of the (~'omprehensive Aiuiual Financial Report of the (~'ounty of I~aua`i ((~'AFR), Single Audit Report, and Recommendations Designed to Improve Internal Accounting (~'ontrols and Efficiency Report for the year ended June 30, 2005. (Reports on file iar fire County Clerk's Offi.ce.) Council Meeting Agenda 8 April 26, 2006 C 2006-144 Communication (03/20/2006) from the Executive on Housing, requesting Council approval to apply for, receive, and expend a $124,092 grant from the U.S. Department of Housing and Urban Development that will be utilized to fund an existing Housing Family Self-Sufficiency Coordinator position and applicable fringe benefits ($65,000), and an existing Family Self-Sufficiency Homeownership position ($59,092). (~' 2006-145 Ooimnunication (03/28/2006) from the Executive on Transportation, requesting Oouncil approval to apply for, receive, indeimiify, and expend a Federal Transit Administration (FTA) Section 5311 and 5311(b)(2) RTAP (Rural Transportation Assistance Program) grant in the amount of $488,131, for operational, administrative, and training expenses for the Oounty Transportation Agency. (~' 2006-146 Ooimnunication (03/28/2006) from the Executive on Transportation, requesting Oouncil approval to apply for, receive, indeimiify, and expend a Federal Transit Administration (FTA) Section 5309 grant in the amount of $1,485,000, for capital expenditures for the Oounty Transportation Agency. (~' 2006-147 Ooimnunication (03/31/2006) from the (~'hief, Building Division, Department of Public Works, requesting Oouncil approval to purchase one (1) printer, using funds from the Building Permit Revolving Fund for approximately $3,600. (~' 2006-148 Ooimnunication (04/04/2006) from Iien T. Teshima, Engineering Program Officer, requesting Oouncil approval to receive and expend $85,000 in grant funding from the State (~'ivil Defense through the Department of Land & Natural Resources, which can be used to purchase materials and design services for the repair of the Hui Road A bridge situated at Moloa`a, Iiawaihau District, Island and Oounty of I~aua`i, State of Hawaii. (~' 2006-149 Ooimnunication (04/04/2006) from Makaala Iiaaumoana, Executive Director, Hanalei Watershed Hui, requesting agenda time to present the progress of the implementation of the Environmental Protection Agency Targeted Watershed Initiative Grant, which is nearing completion, and is a key component in replacing selected cesspools along the Hanalei River with individual wastewater systems (septic tanks). Council Meeting Agenda 4 April 26, 2006 C 2006-150 Communication (04/07/2006) from the Mayor, transmitting for Council confirmation, his appointment of Stuart Hollinger, 1't Term (Environmental), to the County of Iiaua`i Planning Commission. (See Resoheti.orr No. 2006-16) C 2006-151 Communication (04/07/2006) from the Director, Uffice of Economic Development, requesting Council approval to apply for, receive, and upend a construction grant of $480,000 from the Economic Development Administration (EDA), to pay for the significant construction costs of the County's WorkWise! Une Stop Job Center office space in the Pi`ikoi Building. (~' 2006-152 Request (04/12/2006) from the Office of the County Attorney for authorization to upend up to $100,000 for special counsel as co- counsel to represent the County in Debra L. Yasay, et al. v. Darius John Henderson, et al., Civ. No. 04-1-000095 (Fifth Circuit Court) and related matters. C 2006-153 Communication (04/12/2006) from C'ouncilmember Jay Furfaro, requesting that the Administration be present at the April 26, 2006 Council meeting to discuss the conveyance tax and the money going into the Rental Housing Trust Fund. C 2006-154 Communication (04/13/2006) from C'ouncilmember JoAnn A. Yukimura, requesting that the Director of Finance (Real Property Tax Division) brief the Council at the April 26, 2006 Council meeting as to the coverage and limitations of Chapter 5A-4.2 (Remission of Taffies in Cases of Certain Disasters) and plans to publicize the requirements and application process. (~' 2006-158 Commnunication (04/20/2006) from Peter A. Nakamura, County Clerk, transmitting for Council information the redacted version of Board of Ethic's Hearing Officer E. John McConnell's "Hearing Officer's Report" dated February 23, 2006, in re: Michael Ching, BOE No. 04-001(a). CLAIMS: C 2006-155 Commnunication (04/10/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Janice Henry, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. Council Meeting Agenda 5 April 26, 2006 C 2006-156 Communication (04/10/2006) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Iiojun Hashimoto, for damages to his vehicle, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2006-157 Communication (04/10/2006) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Marceline Medeiros, for damages to her vehicle, pursuant to Section 28.06, Charter of the County of I~aua`i. COMMITTEE REPORTS: COMMUNITY ASSISTANCE COMMITTEE REPORTS: CR-CA 2006-8: 011 CA 2006-6 Communication (3/7/2006) from Shaylene Iseri-Caxvalho, Community Assistance Committee Chair, requesting that Thomas Ui, Iiaua'i District Land Agent (DLNR) and Bernard Caxvalho, Jr., Du~ector of Offices of Community Assistance, be present to give an update on State lands being provided to the County through Executive Order for affordable housing. [Received for the record.] CR-CA 2006-9: on CA 2006-7 Conuuunication (3/29/2006) from Shaylene Iseri-Caxvalho, Community Assistance Committee Chair, requesting that the Administration be present to give an update on the new Iiaua'i Bus schedule and staffing requirements. [Received for the record.] ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2006-6: on C 2006-120 Connuuiucation (03/02/2006) from the Police Chief, requesting Council approval to apply for, receive, and expend $4,96b.00 from the Asset Forfeiture Fund to purchase six (6) Whelen inner-edge undercover LED lighting systems. [Approved.] PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-18: on Bill No. 2174 AN ORDINANCE AMENDING ORDINANCE NU. B- 2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IiAUA'I, STATE OF HAWAII, FUR. THE FISCAL YEAR JiJLY 1, 2005 THROUGH JiJNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($b96,900 Electricity and Fuel Increases) [Referred to the full Council.] Council Meeting Agenda CR-PPW 2006-19: on Bill No. 2175 6 Apri126, 2006 AN ORDINANCE AMENDING ORDINANCE NU. B- 2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAiJA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JiJLY 1, 2005 THROUGH JiJNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($1b6,631 White Goods) [Approved.] CR-PPW 2006-20: on PPW 2006-5 Conmuuiucation (3/23/2006) from Bill "Kaipd' Asing, Council Chair, requesting that the Administration be present to cliscuss Bill No. 2172 relating to Port Allen Regional Park. [Received for the record.] CR-PPW 2006-21: on C 2006-116 Conmuunication (03/16/2006) 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 clux2ng the fiscal years encling 2003, 2004, and 2005, as well as a partial report for the fiscal year encling 2006 (July 2005-January 2006). [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2006-7: on PL 200G8 Conmuunication (3/16/2006) from JoArm A. Yulannu~a, Planning Conuuittee Chair, requesting that the Aclmiiustration be present to cliscuss vax2ous questions as it relates to the Office of Planning/CZM Rural Policy and Best Practices Project. [Received for the record.] RESOLUTIONS: 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 cit the request of the Adm.iruistr~citioru 4/12/2006) Resolution No. 2006-15, RESOLUTI( )N URGING A FEDERAL OR INDEPENDENT INVESTIGATION OF THE IAA LOI~O RESERVOIR DAM BREA(~'H Council Meeting Agenda 7 April 26, 2006 Resolution No. 2006-16, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL APP(_)INTMENT T(_) THE PLANNING C(_)MMISSI(_)N (Stuart Hollinger, First Term, Environmentalist) BILL Fc_)R FIRST READING: Proposed Draft Bill No. 2177 - A BILL F(_)R AN URDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATI( )N IN LIHU`E, KAUAI (Grove Farm Properties Inc., Applicant) Proposed Draft Bill No. 2178 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATI( )N IN KALAHEO, KAUAI (Scott Brown and Jason Brown, Applicants) Proposed Draft Bill No. 2179 - A BILL F( )R AN ORDINANCE AMENDING )RDINANCE N( ). B-2005-632 AS AMENDED BY EMERc xENCY ORDINANCE N( ). B-2006-640, RELATING TO THE OPERATING BUDGET OF THE COUNTY )F KAUAI, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2005 THR(_)UGH JUNE 80, 2006, F(_)R THE PURP(_)SE OF FUNDING EYPENDITURES Tc_) MEET THE PUBLIC EMERGENCY CAUSED BY HEAVY RAINS AND SEVERE FLc_)c_)DING, WHICH STARTED UN MARCH 18 AND MARCH 14, 2006, BY REVISING THE SURPLUS AND APPRc_)PRIATIc_)NS IN THE GENERAL FUND (Disaster Trust Fund $950,000) Proposed Draft Bill No. 2180 - AN URDINANCE AMENDING URDINANCE Nc_). B-2005-683 AS AMENDED, RELATING Tc_) THE CAPITAL 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 APPRc_)PRIATIc_)NS ESTIMATED IN THE HIGHWAY FUND ($50,000 WAWAE R(_)AD IMPR(_)VEMENT & LAND AC(aUISITI(_)N) BILLS FOR SECOND READING: Bill No. 2174 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY )F KAUAI, STATE OF HAWAII, FOR 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) (Tltie Parks & Public IVorks Committee referred tltiis bill to tltie full Couitici.l oiti 04/19/2006) Council Meeting Agenda 8 April 26, 2006 Bill No. 2175 - AN ORDINANCE AMENDING ORDINANCE N(_). B-2005-632 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 THRc_)UGH JUNE 80, 2006, BY REVISING THE SURPLUS AND APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND ($186,581 White Goods) (Tlre Pcir~ks & Prebli.c Works Committee recommended cipproucd ora 04/19/2006) 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 orr, 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-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 liauai. 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. (Deferred 02/22/2006pendiarg further iarformati.on) 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. (Deferred 04/12/2006) C 2006-133 Communication (03/28/2006) from the County Clerk, transmitting a claim filed against the County of liauai by Martin Bocobo, for personal injuries, pursuant to Section 28.06, Charter of the County of liauai. (Referred to Execreti.ue Sessi.orr orr 04/12/2006) Council Meeting Agenda 9 April 26, 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. (Refer~r~ed to Execieti.ue Sessioru oru 04/12/2006) ES-223 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purposes of this executive session are for the (~'ouncil to receive a briefing from the )ffice of the (~'ounty Attorney and consult with legal counsel for the purposes of deliberating, and deciding on a proposed settlement for Judy Pacyau v. Wesley Iiaui, et al., (~'ivil No. 04-1-0120. The briefing and 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-224 Pursuant to Haw. Rev. Stat. Sections 92-4, 92-5(a), and 92-5(a)(6), the purpose of this executive session is to consult with the (~'ounty Attorney, Department of Public Works and Police and discuss with the (~'ounty Attorney, Department of Public Works and Police and obtain a recommendation from the (~'ounty's legal counsel and the Department of Public Works and Police regarding a claim filed by AIG Hawaii Insurance as subrogee for their insured Kevin Nunn for damages to the vehicle, pursuant to Section 23.06, 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. 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.