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.