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HomeMy WebLinkAbout2006-05-24 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MAY 24, 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: Public Hearing of May 4, 2006, re: Bill No. 2170, Bill No. 2171 and Resolution No. 2006-09 CUMMUNICATIUNS: C 2006-178 Communication (05/01/2006) from the Chief, Wastewater Management Division, transmitting for Council action, a resolution amending Resolution No. 2005-40, increasing the amount of the State Water Pollution Control Revolving Fund Loan/Grant application and agreement for the Lihu`e Wastewater Plant Digester Repair Project. (See Resolutionu No. 2006-19) C 2006-179 Commnunication (05/04/2006) from the Mayor, transmitting for Council information, the Iiaua`i Humane Society's Third C~luarter Report for FY 2006. C 2006-180 Commnunication (05/09/2006) from Councihnember Jay Furfaro, declaring a possible conflict of interest on C 2006-161 and Resolution No. 2006-17 from the May 10, 2006 Council meeting agenda, because of his participation and involvement as President of the Iiaua`i Habitat for Humanity. C 2006-181 Communication (04/06/2006) from the Executive on Housing, requesting Council approval of the revised CDBG Budget for the Iiaua`i County Housing Agency for the fiscal year 2005-2006. Council Meeting Agenda 2 May 24, 2006 C 2006-182 Communication (04/20/2006) from Dwayne S. Adachi, Auto Equipment Superintendent, Department of Public Works, requesting Council approval to replace the transmission jack that is inoperable and not repairable for approximately $1,700.00, which is available in the Repair Shop Heavy Equipment account. (~' 2006-183 (~'oimnunication (05/03/2006) from the Fire (~'hief, requesting (~'ouncil approval to establish four (4) temporary as needed (TAN) operator positions for two (2) newly acquired brush trucks and two (2) spare trucks, that are needed to accoimnodate emergency staffing needs and/or to implement the collective bargaining provision in the Hawaii Fire Fighters Association (~'ontract Agreement. (~' 2006-184 (~'oimnunication (05/03/2006) from the Prosecuting Attorney, requesting (~'ouncil approval to apply for, receive, and expend State funds in the amount of $54,193, for continuation of the Victim Witness Assistance Program from July 1, 2006 through June 30, 2007, and to indeimiify the State of Hawaii, Department of the Attorney General. C 2006-185 Communication (05/08/2006) from the Prosecuting Attorney, requesting Council approval to receive and expend State Asset Forfeiture Funds in the amount of $2,123.00, to send a Special Prosecuting Attorney to the National Institute on Prosecution of Domestic Violence training in Seattle, Washington, from July 17-21, 2006. C 2006-186 Communication (05/04/2006) from James Iiunane Tokioka, Treasurer, Hawaii State Association of Counties (HSAC), transmitting for Council approval the proposed slate of HSAC )fficers for FY 2006-2007 as recoimnended by the HSA(~' Executive (~'oimnittee. (~' 2006-187 (~'oimnunication (05/08/2006) from the (~'hief of Police, requesting (~'ouncil approval to enter into an exchange program with Glock Inc. to replace the standard department-issued weapons (Smith & Wesson mode14046) that are 10+ years old with Glock semi-automatic pistols (Offer includes 200 new Glock .40 caliber pistols and all necessary duty, plain clothes, and tactical gear from the weapons). Council Meeting Agenda 8 May 24, 2006 C 2006-188 Communication (5/18/2006) from the Council Chair, requesting that the County Engineer and Deputy Police Chief be present at the May 24, 2006 Council Meeting to address and discuss citizens' concerns regarding the Puhi Bypass Road. C 2006-189 Communication (4/28/2006) from Michael Fernandes, Chair, County of liana`s Board of Ethics, transmitting for Council information and appropriate action, the Hearing Officer's Report and Exhibits A and B in (Vase 04-002, In re: Deputy Chief Harold Venneman, adopted by said Board of Ethics at its meeting on April 27, 2006. CLAIMS: C 2006-190 Colmnunication (05/02/2006) from the County Clerk, translitting a claim filed against the County of Iiaua`i by John A.P. Kruse, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2006-191 Colmnunication (05/10/2006) from the County Clerk, translitting a claim filed against the County of Iiaua`i by Clifford M. Matsushima Jr., for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2006-192 Communication (05/10/2006) from the County Clerk transmitting a claim filed against the County of liana`s by Federico Ramelb, for damages to his vehicle, pursuant to Section 28.06, Charter of the County of liana`s. Cc_)MMITTEE REPc_)RTS: ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2006-8: on EPS 2006-5 Connuunication (6/6/2006) from CouncffmenxUer JoAiui A. Yxil~imura, requesting agenda time to have Mxs. Phyllis Iiunimura present to snake a presentation on early childhood education and drug prevention. [Received for the record.] PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-22: on Resolution No. 2006-08 A RESOLUTION FOR A TRAFFIC ~JALMING PILOT STUDY REDUCING THE SPEED LIMIT FROM 25 MPH TO 20 MPH AND ESTABLISHING SPEED TABLES ON THE PORTION OF WERE ROAD FROM ITS INTERSECTION WITH AhU ROAD TU ITS NORTHERN TERMINUS AT BLACIiPUT PARK, AND ESTABLISHING A v-WAY STOP AT THE INTERSECTION OF Alin R.UAD AND WERE R.UAD, HANALEI DISTRICT [Approved.] Council Meeting Agenda CR-PPW 2006-23: on Bill No. 2180 4 May 24, 2006 AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633 AS AMENDED, RELATING TO THE ~JAPITAL BUDGET OF THE COUNTY OF I~AUA'I, 6'TATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HIGHWAY FUND ($50,000 WAWAE R.UAD IMPROVEMENT .X, LAND AC ~UISITIUN) [Approved.] PLANNING COMMITTEE REPORTS: CR-PL 2006-8: on Bill No. 2178 CR-PL 2006-9: on Bill No. 2169, Draft 1 A BILL FUR AN ORDINANCE AMENDING OHAPTER S, IvsUA'I COUNTY CODE 19b7, RELATING TU ZONING DESIGNATION IN hALAHEU, IvSUA'I (Scott Brown and Jason Brown, Applicants) [Received for the record.] A BILL FUR AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NU. PM-35-79, AS AMENDED BY ORDINANCE NO. PM-45-75, ORDINANCE NO. PM-62-`S0, ORDINANCE NO. PM-96-`32, ORDINANCE NO. PM-12`S-S5, ORDINANCE NO. PM-147-`S6, ORDINANCE NU. PM-164-SS, AND ORDINANCE NU. PM-2003-364, RELATING TO A PEDESTRIAN ACCESSWAY BRIDGE CONDITION (Passco Iiaua'i Village LLC., Applicant) [Approved as amended.] COMMITTEE OF THE WHOLE REPORT: CR-W 2006-2: on Bill No. 2179 A BILL FUR AN ORDINANCE AMENDING ORDINANCE NU. B-2006-632 A9 AMENDED BY EMERGENCY ORDINANCE NU. B-2006-640, RELATING TO THE GPERATING BUDGET OF THE COUNTY OF hAUA'I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, FOR THE PURPOSE OF FUNDING ESPENDITURES TO MEET THE PUBLIC EMERGENCY CAUSED BY HEAVY RAINS AND SEVERE FLOODING, WHICH STARTED UN MARCH 13 AND MARCH 14, 2llll6, BY REVISING THE SURPLUS AND APPROPRIATIONS IN THE GENERAL FUND (Disaster Trust Fund $960,llllll) [Approved.] RESOLUTIONS: Resolution No. 2006-19, RESOLUTI( )N AMENDING RESOLUTION N( ). 2005-40 AUTHORIZING THE MAY( )R OR DIRECTOR OF FINANCE OF THE COUNTY OF I~AUA`I TO REC~UEST F( )R AND EXECUTE STATE WATER P( )ELUTION CONTR( )L REVOLVIN(x FUND L( )AN/(xRANT APPLICATIONS AND AGREEMENTS WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, FOR THE LIHU`E WASTEWATER TREATMENT PLANT DIGESTER REPAIR PR( )JECT Council Meeting Agenda 5 May 24, 2006 Resolution No. 2006-20, RESOLUTION REAPPOINTING MEMBERS TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION {Theresita Kinnaman, Second Term and Jean Nishida Souza, Second Term) Resolution No. 2006-08, RESOLUTION FOR A TRAFFIC CALMING PILOT STUDY REDUCING THE SPEED LIMIT FROM 25 MPH TO 20 MPH AND ESTABLISHING SPEED TABLES ON THE PORTION OF WEKE ROAD FROM ITS INTERSECTION WITH AKU ROAD TO ITS NORTHERN TERMINUS AT BLACKPOT PARK, AND ESTABLISHING A 3-WAY STOP AT THE INTERSECTION OF AKU ROAD AND WEKE ROAD, HANALEI DISTRICT (Committee recommended approval ora 5/ 17/ 06; see Committee Report No. CR-PPS•V 2006'-22) BILLS FOR SECOND READING: Bill No. 2169, Draft 2 - 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-62-80, ORDINANCE NO. PM-96-82, ORDINANCE NO. PM-128-85, ORDINANCE NO. PM-147-86, ORDINANCE NO. PM-164-88, AND ORDINANCE NO. PM-2003-364, RELATING TO A PEDESTRIAN ACCESSWAY BRIDGE CONDITION (Passco Kauai Village LLC., Applicant} (Committee recamanended approval as amended arr. 5/17 /06; see Committee Repart IVa. CYR-PL 2006'-J) Bill No. 2178 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN KALAHEO, KAUAI (Scott Brown and Jason Brown, Applicants) (Comr~iittee recornr~zeraded to Receive fo~° the Reco~°d on 5/17/06; see Cor~zr~zittee Repot°t x'4'0. CR-PL 2006-8) 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 SURPLUS AND APPROPRIATIONS IN THE GENERAL FUND (Disaster Trust Fund $950,000)(Cammittee recommended approval ara 5/17/06',• see C'.`omnz.ittee Repart IVo. CSR-G3' 2006-2) 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 HIGHWAY FUND ($50,000 WAWAE ROAD IMPROVEMENT & LAND ACQUISITION) (Comr~zittee recornrnended approval ora 5/17/06; see Committee Report No. CR-PPt•V 2006'-23) Council Meeting Agenda 6 May 24, 2006 EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") X92-7(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. X92-4 and shall be limited to those items described in H.R.S. X92-5(a). (Confidential reports on fr;le in the. Cau,nty Attorney's Office, and,/~»° the County Clerk's (_~ffice.. Discussions ]geld ira Etiecutive Session are closed to the pacUlic.) 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 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. (Deferred 05/IO/2t~D6) ES-227 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 for the purposes of obtaining answers to the Council's legal questions regarding the Board of Ethic's decision on Deputy Police Chief Ron Venneman and discussing legal issues raised by the decision. 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: If the Council is not finished with this meeting by appro~ 1:30 p.m., it will recess far public hearings. After the public h the Council ~~Till reconvene to complete any unfinished business. Bill No. 21 ~ 7 - A PILL FOR AN ORDINANCE AMENDING CHAPTER 8, I~AU. COUNTY CODE 1987, RELATING TO ZONING DESIGNATION I1V LIHU`E, h'AU~ (Grove Farm Properties Inc., Applicant) C 20U6-177 -Communication (51812©D6) from Mayor Bryan J. Baptiste, submitti. his supplemental budget message for FY 20D6-20t?7 and proposed amendments to t budget bills For complete information, including a summary of the item, please refer to the ai Notice of Public Hearing. The official Notice of Public Hearing has been published, p on the bulletin board, and filed in the County Clerk's Office as required by Notwithstanding this Cauncil Agenda, the Cauncil may hold a public hearing an any 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.