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HomeMy WebLinkAbout2006-12-13 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, DECEMBER 13, 2006 9:00 A.M. OR SOON THEREAFTER Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, liaua`i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Council Meeting of November 9, 2006 Inaugural Meeting of December 1, 2006 CUMMUNICATIUNS: C 2006-356 Request (11/25/2006) from the Office of the County Attorney requesting approval to expend up to $100,000 for special counsel's continued representation of County defendants in lone C. Lum v. liaua`i County Council, et al., Civ. No. 06-00068 S(_)M/BMIi (U.S. District Court, District of Hawaii) and related matters. (Defer~r~ed 11/21/2006) C 2007-08 Communication (09/27/2006) from the Director of Planning, transmitting the Planning Commission's recommendation to approve amendments to the Comprehensive Zoning Ordinance (CZO) relating to Articles 1, 3, 4, 5, and 17 of the I~aua`i County Code 1987. (Publi.c Heariatig Miatiutes aitid testi.moitii.es of May 23, 2006, Juitie 2% 2006 aitid August 8, 2006 are oiti file iati tltie Couitity Clerk's nffi.ce.) (See Proposed Draft Bill No. 2204) C 2007-04 Commnunication (10/20/2006) from the Solid Waste Program Administrative Officer, Department of Public Works, transmitting the final report of the Bulky Item Pickup program, which was conducted in August and September 2006. Council Meeting Agenda 2 December 13, 2006 C 2007-05 Communication (11/15/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of October, 2006. C 2007-06 C'omxnunication (11/21/2006) from the Acting Manager and Chief Engineer, Department of Water, transmitting for Council information the Department of Water's quarterly financial reports as of September 30, 2006. (Reports on file iar the County Clerk's Office) C 2007-07 Coxnmunicatiarx (11/27/2000) from the Director of Finance, transmitting for Council information, Financial Reports--Month Ending August 31, 2006 (Copies of Detailed Budget Report (Gistirug), Statement of Revenues-Estimated crud Actual (Listirug), Statement of Experudi.tua•es and Encumbrances (Listixug), and Reueruue Report (Listirug), are on file tiro the County Clerk's Office). C 2007-08 Communication (11/17/2000) from the Mayor, transmitting for Council confirmation, his appointment of Roy A. ~ ~yama, 1`t Term, to the County of Iiaua'i Board of Water Supply. C 200 7 -09 C'oxmnunication (11/09/2006) from the Mayor, transmitting for Council confirmation, his re-appointment of Pauline D. Ventura, 2nd Term, to the County of Kauai Liquor Control Commission. C 2007-10 C'oxmnunication (12/01/2006) from the Mayor, transmitting for Council confirmation, his appointment of Clifford L. Nakea, 1't Term, to the County of Kauai Liquor Control Commission. C 2007-11 Communication (12/01/2006) from the Mayor, transmitting for Council confirmation, his re-appointment of Leon Gonsalves, Sr., 2nd Term, to the County of Kauai Police C'omxnission. C 2007-12 Communication (12/01/2000) from the Mayor, transmitting for Council confirmation, his re-appointment of Charles S. Folks, Jr., lqt Term, to the County of Kauai Police C'omxnission. Council Meeting Agenda 8 December 13, 2006 C 2007-18 Communication (12/01/2006) from the Mayor, transmitting for Council confirmation, his appointment of Alfred Nebre, Jr., 1't Term, to the County of liaua`i Police Commission. C 2007-14 Communication (12/01/2006) from the Mayor, transmitting for Council confirmation, his re-appointment of Lynn P. McCrory, 2nd Term, to the County of liaua`i Board of Water Supply. (~' 2007-15 (~'oimnunication (12/01/2006) from the Mayor, transmitting for (~'ouncil confirmation, his appointment of Jeffrey Ii. Mira, 1't Term, to the (~'ounty of Iiaua`i Planning (~'ominission. (~' 2007-16 (~'oimnunication (12/01/2006) from the Mayor, transmitting for (~'ouncil confirmation, his appointment of Larry J. Dill, 1Gt Term, to the (~'ounty of Iiaua`i Building Board of Appeals. (~' 2007-17 (~'oimnunication (12/01/2006) from the Mayor, transmitting for (~'ouncil confirmation, his re-appointment of Jose R. Diogo, 2na Term, to the County of liaua`i Building Board of Appeals. C 2007-18 Communication (12/01/2006) from the Mayor, transmitting for Council confirmation, his appointment of Rodney J. Pascua, 1't Term, to the County of liaua`i Building Board of Appeals. C 2007-19 Communication (10/31/2006) from Clayton li. Arinaga, Acting Chief of Police, requesting Council approval and indemnification to apply for, receive, and expend a ST(_)P Violence Formula Grant with the State of Hawaii, Department of the Attorney GeneraPs office in the amount $31,000.00, of which the County is required to match $7,750.00 to fulfill the obligations of the grant. (~' 2007-20 (~'oimnunication (11/02/2006) from the (~'ounty Engineer, requesting (~'ouncil approval to purchase anew gasoline powered portable actuator with tripod and adapters for approximately $5,252.04 from the other services account, in which there are unexpended funds, and will be used to operate the major sluice gates on the Waimea River and Hanapepe Rivers Flood (~'ontrol Levees. Council Meeting Agenda 4 December 13, 2006 C 2007-21 Communication (11/14/2006) from the County Engineer transmitting for Council review and approval, the position description of the new Park Planner. C 2007-22 Communication (11/28/2006) from the Executive on Housing, requesting Council approval to: 1. repurchase the property located at 4227 Iianikele Street, I~lauea, Kauai for $215,450.00, 2. resell the property as a long term leasehold estate for $255,000.00, and 3. authorize the County Clerk to sign legal documents related to the repurchase and leasehold sale transactions. (~' 2007-23 Commnunication (11/30/2006) from the Wastewater Division Chief, Department of Public Works, requesting Council approval to utilize budgeted funds ($200,000) to procure professional services for Maintenance Management, Coating Assessment Services, and Geographical Informational System (GIS) mapping for the County Wastewater Treatment Plants. LEGAL DOCUMENT: C 2007-24 Communication (11/09/2006) from the Fiscal Management Officer, Department of Public Works, requesting Council approval to accept and expend $12,500.00 from the State of Hawaii, Department of Defense for the maintenance and upkeep of the veteran's cemetery, and to indemnify and hold harmless the State, pursuant to the Memorandum of Understanding between the State of Hawaii, Department of Defense and the County of Kauai, Department of Public Works. CLAIMS: C 2007-25 Commnunication (11/14/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by American International Recovery for Frank Ruiz Jr., for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 5 December 13, 2006 C 2007-26 Communication (11/20/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua'i by JoAnn T. Yamaguchi, for damages to her personal property, pursuant to Section 28.06, Charter of the County of Iiaua'i. Cc_)MMITTEE REPc_)RTS: FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-F/ED 2007-1: on Bill No. 2200 AN ORDINANCE AMENDING ORDINANCE NU. B- 2008-845, RELATING TU THE OPERATING BUDGET OF THE COUNTY OF IiAUA'I, STATE OF HAWAII, FOR THE FISCAL YEAR JTJLY 1, 2008 THROUGH JTJNE ~0, 2007, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($29Q,987.00 Kauai Invasive Species Committee) [Approved.] PLANNING COMMITTEE REPORTS: CR-PL 2007-1: on Bill No. 2201 CR-PL 2007-2: on Bill No. 2177 A BILL FUR. AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM- 2001-566, RELATING TU ZONING DESIGNATION IN MAIiAWELI, IiAUA'I (Iiaua'i County Council, Applicant) (Recommendation from the Planning Commission) [Approved.] A BILL FOR AN ORDINANCE AMENDING CHAPTER. b, IiAUA'I COUNTY CODE 19b7, RELATING TO ZONING DESIGNATION IN LIHTJ`E, KATJA`I (Grove Farm Properties Inc., Applicant) [Approved as amended. The C-ommittee recommended that the C-ouncil schedule a public hearing on the amended bill and thereafter refer it back to the Planning C-ommittee.] BILL Fc_)R FIRST READING: Proposed Draft Bill No. 2204 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 8 OF THE IiAUA'I Cc_)UNTY Cc_)DE 1987, AS AMENDED, RELATING T(_) THE C(_)MPREHENSIVE Z(_)NING ORDINANCE (Transient Vacation Rental and Bed and Breakfast operations) Council Meeting Agenda 6 December 13, 2006 BILLS Fc_)R SECc_)ND READING: Bill No. 2200 - AN URDINANCE AMENDING URDINANCE N(_). B-2006- 645, RELATING Tc_) THE OPERATING BUDGET OF THE Cc_)UNTY OF IiAUA`I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2006 THRc_)UGH JUNE 80, 2007, BY REVISING THE SURPLUS AND APPRc_)PRIATIc_)NS ESTIMATED IN THE GENERAL FUND ($290,967.00 Kauai Invasive Species Committee) (The Fiarance/Economi.c Development Committee recommended approval on 12/06/2006) Bill No. 2201 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITI( )N IN ORDINANCE N( ). PM-2001-356, RELATING TO ZONING DESIGNATION IN MAKAWELI, KAU AI (Kaua`i County Council, Applicant) (Recommendation from the Planning Commission) (Tire Planning Committee recommertided approval orti 12/06/2006) Bill No. 2177, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATI( )N IN LIHU`E, KAUAI (Grove Farm Properties Inc., Applicant) (The Plcirarai.rrg Committee recommended cipprovcd cis cimerrded ora 12/06/2006) EYECUTIVE SESSI(_)N: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(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. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). (Corufiderrtial reports orr file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cire closed to the public.) ES-244 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)-(6) and 92F-13(2)-(3), the purpose of this executive session is to provide a Council briefing on the case of lone C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 SOM/BMIi (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, irmnunities and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 11/21/2006) Council Meeting Agenda 7 December 13, 2006 ES-246 Pursuant to Haw. Rev. Stat. Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel and the Acting Police Chief regarding a claim filed by Merrilee Mia Ako on behalf of the Kauai Economic Development Board Inc. for loss of office property, pursuant to Section 28.06, Charter of the County of Iiaua`i. 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. ES- 247 Pursuant to Haw. Rev. Stat. Sections 02-4 and 02-5(a)(6), the purpose of this executive session is to consult with the Administrator of the Iiaua`i County Civil Defense Agency regarding the use of U.S. Department of Homeland Security funds for the 1~ 2006 Homeland Security Grant Program to prevent, deter, respond to, and recover from threats and incidents of terrorism. This consultation involves consideration of sensitive matters related to public safety and security. ADJOURNMENT. NOTE: SPECIAL ACCOMMODATIONS 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.