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HomeMy WebLinkAbout2006-06-15 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JUNE 15, 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: Mid-Month Meeting of Apri126, 2006 Special Meetings of April 26, 2006, May 10, 2006, and May 17, 2006 Public Hearing of May 10, 2006, re: Bills Nos. 2179, and 2180 Mid-Month Meeting of May 24, 2006 Public Hearing of May 24, 2006, re: C 2006-177, Resolution No. 2006-09 (RPT), and Bill No. 2177 CUMMUNICATIUNS: C 2006-193 Communication (05/22/2006) from the Planning Director, clarifying the property owners of TMK 2-8-8:52 as the Robert E. Keown Trust and the Gloria A. heown Trust, and authorizing Scott Brown and Jason Brown to represent the trusts in their application for zoning amendment; see also "C 2006-137, the Plarrrrirrg Com.missiorr's r~ecommerrdciti.orr to cippr~oue Zorai.rrg Ameradmerat ZA-2006-3, to amend Zoniarg Map ZM-IiL-300 from Agriculture (A) and open Districts (n) to Resi.denti.al District (R-4). (Scott Brrowrti artid Jason Brrorurti, Applicants) (Staff report artid eualuati.on, Appli.cant's peti.ti.on, artid Planning Commission miarutes of January 24, 2006 artid January 31, 2006 are on file iar fire County Clerk's nffi.ce as C 2006-137.)" (See Proposed Draft Bill No. 2184) Council Meeting Agenda 2 June 15, 2006 C 2006-194 Communication (05/25/2006) from the Planning Director, transmitting the Planning C'ommission's denial of Zoning Amendment ZA-2006-4, change in zoning from the "(_h~en District ((_))" to "Residential District (R-6)," TMK: 1-6-05:18, Waimea, Iiaua`i, Hawaii. (C. Ahko, Inc. and the Estate of Chung Mee Ako, Applicant) (Stciff report cirud eucducitiora, Appliccirrt's petition cirud Plciruruirug Com.m.issioru m.iruutes of Jciruuciry 24, 2006 cirud Jciruuciry 31, 2006 cire oru file tiro the Couruty Clerk's Office.) C 2006-195 Commnunication (06/01/2006) from Walton D.Y. Hong, appealing the denial by the Planning Commission of Zoning Amendment ZA-2006-4 for approval and change in zoning of approximately 1.87 acres from the "( )pen District (())" to "Residential District (R-6)," TMI~: 1-6-05:18, Waimea, I~aua`i, Hawaii. (C. Ahko, hic. and the Estate of Chung Mee Ako, Applicant) (See Proposed Draft Bill No. 2185) C 2006-196 Commnunication (05/24/2006) from the Planning Director, transmitting the Planning Commission's recommendation to amend the General Plan of the County of Iiaua`i and approve the Kilauea Town Core Sub-Area Plan, General Plan Amendment GPA- 2006-1, Various Plats and Parcels within the Zone 5, Section 2 tax map covering Kilauea town. (County of Iiaua`i, Applicant) (Stciff report cirud eucducitiora, cirud Plciruruirug Com.m.issioru m.iruutes of Nouem.ber 22, 2005, Jciruuciry 24, 2006, cirud Mcirrh 28, 2006 cire oru file tiro the Couruty Clerk's Office.) (See Proposed Drcift Bill No. 2186) C 2006-197 Communication (05/16/2006) from the Chief, Engineering Division, Department of Public Works, transmitting for Council action, a resolution establishing a crosswalk across Akuli Street at its intersection with Hanama`ulu Road, and establishing a crosswalk across Hanama`ulu Road in the vicinity of Akuli Street. (See Resolutioru No. 2006-21) C 2006-198 Commnunication (05/16/2006) from the Chief, Engineering Division, Department of Public Works, transmitting for Council action, a traffic resolution prohibiting left turns at any time from Papaloa Road (south) on to Iiuhio Highway. (See Resolution No. 2006-22) C 2006-199 Communication (05/30/2006) from JoAnn A. Yukimura, Planning Cormnittee Chair, requesting that Mr. James Charlier speak at the June 15, 2006 Council meeting to explain the proposed transportation circulation planning process for the Iioloa-Po`ipu area. Council Meeting Agenda 8 June 15, 2006 (~' 2006-200 (~'ormnunication (03/07/2006) from the (~'hief, Building Division, transmitting the Monthly Report on Building Permit Information for the mouth of February, 2006. C 2006-201 Communication (05/11/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of March, 2006. C 2006-202 Communication (05/11/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of April, 2006. C 2006-203 Communication (05/18/2006) from the Director of Finance, transmitting for Council information, Financial Reports--Month Ending April 80, 2006 (Copies of Detailed Budget Report (Listirug), 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). (~' 2006-204 Commnunication (05/16/2006) from Wynne M. Ushigome, Acting Manager and Chief Engineer, Department of Water, transmitting the Department of Water's quarterly financial reports as of March 31, 2006. (Reports on file i.n the County Clerk's offi.ce.) (~' 2006-205 Commnunication (05/04/2006) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend State funds in the amount of $166,347.00, which will be used for salaries, wages, and supplies for the continuation of the Iiaua`i Career Criminal Prosecution Program from July 1, 2006 through June 80, 2007, and to indemnify the State of Hawaii, Department of the Attorney General. (~' 2006-206 Commnunication (06/01/2006) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend $11,706.00 in federal funds (Juvenile Accountability Block Grant) for: 1. the continuation of the Iiaua`i Teen Court Program, 2. training of the Deputy Prosecuting Attorney assigned to juvenile cases, and 3. to indemnify the State of Hawaii, Department of Human Services, Office of Youth Services. Council Meeting Agenda 4 June 15, 2006 C 2006-207 Communication (05/09/2006) from the Fire Chief, requesting Council approval to purchase the following utilizing Ucean Safety Bureau Training funds: 1. CPR Training Manikins (4 infant, 4 child and 4 adult) and supplies - $1,622.00 2. Digital camera - 650.00 8. Lap top computer 1,295.00 4. 2-Digital range finder binoculars ~~ $350 ea - 700.00 TOTAL $4,267.00 C 2006-208 Commnunication (05/16/2006) from the Executive on Transportation, requesting Council approval to apply for, receive, indeimiify, and expend a Federal Transit Administration (FTA) Section 5310 capital grant for $72,000, for the purchase of one (1) wheelchair accessible passenger bus for the County Transportation Agency. C 2006-209 Commnunication (5/18/2006) from the County Engineer, requesting Council approval to expend $1,000,000 in bond fund appropriations, for regional parks development and improvements in the liawaihau, liapa`a New Park. C 2006-210 Communication (06/09/2006) from the Council Chair, requesting that the County Attorney be present at the June 15, 2006 Council meeting to discuss corrections to and clarifications of matters of public record, e. g., release of "ES-177" executive session minutes, termination of lung C Lum's employment contract, and appeal of Fifth Circuit Court decision of 2004 Charter amendment by petition. C 2006-211 Request (06/06/2006) from the Office of the County Attorney for authorization to expend additional funds of up to $100,000 from the special counsel account to continue to retain outside counsel to represent County entities in Darla Abbatiello v. County of Iiaua`i. et al., Civ. No. 04-00562 SOM/BMIi and associated matters. C 2006-212 Request (06/06/2006) from the Office of the County Attorney for authorization to expend additional special counsel funds of up to $150,000 to continue to retain special counsel to represent County entities in Rine C. Lum v. Iiaua`i County Council, et al., Civ. No. 06-00068 SOM/BMIi (U.S. District Court, District of Hawaii) and related matters. Council Meeting Agenda 5 CLAIMS: June 15, 2006 C 2006-218 Communication (05/18/2006) from the County Clerk, transmtting a claim filed against the County of Kauai by Nora Masuda, for towing reimbursement, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2006-214 C'oxmnunication (05/18/2006) from the County Clerk.. transmitting a claim filed against the County of Iiaua`i by Dana Lewis, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-215 Communication (05!18!2006) from the County Clerk, transmitting a claim filed against the Cowity of Kauai by GEICO for Robert McCann, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-216 Communication (05/20/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Pam McCoy Grant, for damages to personal property, pursuant to Section 23.OEi, Charter of the County of Kauai. C 2006-217 C'oxmnunication (05/22/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Aida (~kasaki, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua'i. C 2006-218 Commnunication (05/24/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Constante J. Flora, M.D., for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2006-219 Communication (05/26/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Krstafer Pinkerton, for physical and mental harm and injuries and loss of and damage to personal property, pursuant to Section 28.06, Charter of the County of Kauai. C 2006-220 Communication (05/31/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by GMUB Group LLC for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 6 June 15, 2006 C 2006-221 Communication (05/31/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua'i by Yasuko Sawada, for damages to her vehicle, pursuant to Section 28.06, Charter of the County of Iiaua'i. Cc_)MMITTEE REPc_)RTS: COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-10: on CA 2006-8 Communication (4/20/2006) from Shaylene Iseri- Carvalho, Community Assistance Committee Chair, requesting that the Administration be present to address matters relating to State lands being provided to the County through Executive Order for Affordable Housing. [Received for the record.] RESOLUTIONS: Resolution No. 2006-20, RESOLUTION REAPP( )INTING MEMBERS T( THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATI( )N FUND COMMISSION (Theresita Iiinnaman, Second Term and Jean Nishida Souza, Second Term) (Deferred 05/24/2006 peitidiatig iatiterui.ew) Resolution No. 2006-21, A RESOLUTION ESTABLISHING CROSSWALKS ACROSS AKULI STREET AND HANAMA`ULU R( )AD, LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No. 2006-22, RES(_)LUTI(_)N PR(_)HIBITING LEFT TURNS AT ANY TIME FRc_)M PAPALc_)A Rc_)AD (SOUTH) Tc_) KLTHIO HIGHWAY, IiAWAIHAU DISTRICT BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2184 - A BILL F(_)R AN ORDINANCE AMENDING CHAPTER 8, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING DESIGNATI(_)N IN IiALAHEU, IiAUA'I (Gloria A. Iieown Trust and Robert E. Iieown Trust, Applicants) Proposed Draft Bill No. 2185 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 8, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING DESIGNATION IN WAIMEA, KAUAI (C. Ahko, Inc., and the Estate of Chung Mee Ako, Applicants) Council Meeting Agenda 7 June 15, 2006 Proposed Draft Bill No. 2186 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 7 OF THE KAUAI COUNTY CODE 1987 ENTITLED "THE GENERAL PLAN OF THE COUNTY OF KAUAI" 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 repo°ts on file in the Caunty Attorneys (_~ffice, and/or the (,~`ounty Clerk's (_~ffice. Discussions held in Executive Session are closed to the public.) ADJOURNMENT. 1:30 p.m., it Krill recess for public hearings. After the public heari the Council ~~rill reconvene to complete any unfinished business. Bill No. 2182 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633 AItIENDED, RELATING TO THE CAPITAL B UDGET OF THE COUNTY OF KAUAI, STATE HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH TUNE 30, 2006, BYREVISING Z SURPLUS AIVD APPROPRIATIONS ESTllI%IATED Ili' THE BOND FUND (<.~8'350, 000% Solid Wi Programs) Bill No. 2183 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KA t. COUNTY CODE 1987, AS AMENDED, RELATING TO BUS FARES FOR THE COUNTY B SYSTEM For complete information, including a summary of the item, please refer to the of Notice of Public Hearing. The official Notice of Public Hearing has been published, p on the bulletin board, and filed in the County t~lerk's Office as required by Notwithstanding this Council Agenda, the Council 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.