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HomeMy WebLinkAbout2006-05-10 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MAY 10, 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 April 12, 2006 C(_)MMUNICATI(_)NS: C 2006-158 Communication (04/20/2006) from Planning Committee Chair JoAnn A. Yukimura and Energy and Public Safety Committee Chair Mel Rapozo, transmitting for Council consideration, a bill establishing shoreline setback and coastal protection rules to more effectively protect life, property, and public resources along the shoreline, and protect purchasers of coastal real estate. (See Proposed Dr~cift Bill No. 2181) C 2006-159 Communication (05/01/2006) from the Director of Finance, transmitting for Council action, a bill reducing the Solid Waste Program line item in the Bond Fund-CIP by $350,000. (See Proposed Draft Bill No. 2182) C 2006-160 Commnunication (05/02/2006) from the Executive on Transportation, transmitting for Council action, amendments to bus fares for the County bus system, by creating atwo-tiered fare structure for fixed route bus services, and a provision authorizing the OCA (Offices of Coimnunity Assistance) Director to waive fares for up to a six (6) month period for new fixed route services or other promotional events. (See Proposed Draft Bill No. 2183) Council Meeting Agenda 2 May 10, 2006 C 2006-161 Communication (04/14/2006) from the County Engineer, transmitting for Council action, a resolution authorizing the transfer of a remnant piece of Mehana Road to Iiaua'i Habitat for Humanity in exchange for lands to widen Mehana Road. (See Resolutionu No. 2006-17) C 2006-162 Commnunication (04/21/2006) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, emergency equipment purchased to repair the cormnunication link to County remote sites, eg., Fire Department and Police: one (1) lot, computer hardware for the Department of Finance, Information Technology - $19,021.75. C 2006-163 Commnunication (04/18/2006) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, emergency equipment purchased to replace the Wailua Wastewater Treatment Plant generator battery charger - $1,755.10. C 2006-164 Communication (04/24/2006) from C'ouncilmember Jay Furfaro, declaring a possible conflict of interest on: 1. Interview of Stuart Hollinger (4/26/2006 Special Council Meeting), 2. C 2006-150, Mayoral transmittal of Stuart Hollinger's appointment to the Planning Commission (04/26/2006 Council Meeting), and 8. Resolution No. 2006-16, Confirmation of Mr. Hollinger's appointment to the Planning Commission (4/26/2006 Council Meeting), because Mr. Stuart Hollinger's landscape company provides services for Princeville Operating Company, of which Mr. Furfaro is the General Manager. C 2006-165 Commnunication (04/21/2006) from the Director of Finance, transmitting for Council information, Financial Reports--Month Ending March 31, 2006 (Copi.es of Detailed Budget Report (Listiarg), Statement of Reueuues-Estimated and Actual (Listiarg), Statement of Expendi.tu.res acrd Encu.mbraarces (Listiarg), acrd Reuenu.e Report (Listiarg), are ou file iar fire County Clerk's nffi.ce). Council Meeting Agenda 8 May 10, 2006 C 2006-166 Certification (04/26/2006) from Michael H. Tresler, Director of Finance, of the 2006 Assessment List of real property within the County of Iiaua`i. (Report on file in the County Clerk's Office.) (~' 2006-167 C'otmnunication (04/05/2006) from the Fire Chief, requesting Council approval to apply for, receive, and expend a 50°lo matching Volunteer Fire Assistance (VFA) Program grant of $40,000 for FY 06-07, which will be used to purchase wildland fire equipment and training. C 2006-168 Cotnmunicatiart (04/19/2006) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend $28,502 of the Edward Byrne Memorial Justice Assistance Grant (JAG) available through the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, that will be used for a joint training program between the Uffice of the Prosecuting Attorney and the Kauai Police Department. C 2006-169 C'otmmmication (04/28/2006) from the Mayor, requesting Council approval to accept a gift from the Iiaua`i Housing and Traffic Solutions Coalition relating to the results of a Kauai Housing Demand Survey prepared by Ward Research Inc. C 2006-170 C'otmnunication (05/02/2006) from the Mayor, transmitting for Council confirmation, his appointment of Charles S. Fulks, Jr., Partial Term, to the County of Kauai Police Commission. (See Resolu.tiora. No. 2006-18) CLAIMS: C 2006-171 Communication (04/19/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Marilyn Mach, for damages to her vehicle, pursuant to Section 23.06, Charter of the (~'-ounty of haua`i. (~' 2006-172 (~'-ommunication (04/19/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Daniel Asai, for damages to his vehicle, pursuant to Section 28.06, Charter of the (~'-ounty of Kauai. Council Meeting Agenda 4 May 10, 2006 C 2006-173 Communication (04/20/2006) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Catherine M. Tucker, for damages to her vehicle, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2006-174 Commnunication (04/21/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by JH Leasing & Sales, for damages to its vehicles, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2006-175 Commnunication (04/26/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Harold L. Goldberg, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2006-176 Commnunication (04/27/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Iiari Dale, for damages to her vehicle, pursuant to Section 28.06, Charter of the County of Iiaua`i. Cc_)MMITTEE REPc_)RTS: ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2006-7: on EPS 2006-4 Communication (4/21/2006) from Mel Rapozo, Energy Public Safety Committee Chair, requesting that the Admiiustration be present to give an explanation of the Cx2minal Assets Forfeiture Fund. [Received for the record.] COMMITTEE OF THE WHOLE REPORT: CR-W 2006-1: on W 2006-1 Connuuiucation (3/30/2006) from Bill "Kaipd' Asing, Committee of the Whole Chair, requesting that the Admiiustration be present to give an update and status report on the debx2s removal and clean-up efforts at the Wailapa Stream area in Iulauea as the result of the March 14, 2006 breach of the lia Loko Reservoir. [Received for the record.] Council Meeting Agenda 5 May 10, 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 AKU Rc_)AD Tc_) ITS Nc_)RTHERN TERMINUS AT BLACIiPc_)T PARK, AND ESTABLISHING A 8-WAY STc_)P AT THE INTERSECTIc_)N OF AKU Rc_)AD AND WERE Rc_)AD, HANALEI DISTRICT (Deferred at tltie request of tltie Admiatiistrati.oiti 04/26/2006) Resolution No. 2006-17, RESOLUTION AUTH( )RIZING EXCHANGING A P( )RTION OF MEHANA R( )AD TO BE ABANDONED FOR A P( )RTI( )N OF TMK: 2-1-01:52 F( )R THE PURPOSE OF WIDENING MEHANA R( )AD Resolution No. 2006-18, RESOLUTION CONFIRMING MAY( )RAL APP( )INTMENT TO THE POLICE COMMISSION (Charles S. Folks, Jr., Partial Term) BILL FOR FIRST READING: Proposed Draft Bill No. 2181 - A BILL F(_)R AN URDINANCE ESTABLISHING A NEW ARTICLE 27, CHAPTER 8, IiAUA`I Cc_)UNTY Cc_)DE 1987. RELATING Tc_) SHc_)RELINE SETBACK AND Cc_)ASTAL PRc_)TECTIc_)N Proposed Draft Bill No. 2182 - 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 APPR(_)PRIATI(_)NS ESTIMATED IN THE B(_)ND FUND (<$850,000> Solid Waste Programs) Proposed Draft Bill No. 2183 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING T( BUS FARES F( )R THE COUNTY BUS SYSTEM 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). (Coitifi.deititi.al reports oiti Council Meeting Agenda 6 May 10, 2006 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-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 04/26/2006) ES-225 Pursuant to Haw. Rev. Stat. §§02-4 and 02-5(a)(4), the purpose of this executive session is to consult with the (~'ounty's legal counsel for purposes of requesting (~'ouncil approval of a proposed settlement of a worker's compensation claim. 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-226 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 Martin Bocobo for personal injuries 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. 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. Council Meeting Agenda 7 May 10, 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. 2179 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2005-632 AS AMENDED BY EMERGENCY ORDINANCE NO. B-2006-640, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, FOR THE PURPOSE OF FUNDING EXPENDITURES TO MEET THE PUBLIC EMERGENCY CAUSED BY HEAVY RAINS AND SEVERE FLOODING, WHICH STARTED ON MARCH 13 AND MARCH 14, 2006, BY REVISING THE SURPL US AND APPROPRIATIONS IN THE GENERAL FUND (Disaster Trust Fund $950,000) Bill No. 2180 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HIGHWAYFUND ($50, 000 WAWAE ROAD IMPROVEMENT & LAND ACQUISITION) 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.