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HomeMy WebLinkAbout2005-01-13 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JANUARY 13, 2005 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Lihue, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. COMMUNICATIONS: C 2005-19 Communication (11/09/Z004) from the Anti-Drug Coordinator, requesting Council approval to receive, indemnify and expend Federal Department of Justice funding in the amount of $441,000 for the Iaua`i Cotmty Crystal Methamphetamine initiative through the Hawaii Community Foundation that will be distributed as follows: • Kauai Police Department - To foilu an Ice Task Force targeting metliamphetaniine users and distributors - $'Z00,000 • Prosecutors Office - Hire an attorney to focus on prosecution of drug dealers - $75,000 • Offices of Community Assistance - Alteiliative and fun drug free activities for youth - $85,000 • Office of the Mayor -Coordinate the Iaua`i Community Drug Response Plan and Drug Action Committee in implementing the action plan - $81,000 (Deferred 12/16/2004) CZ005-43 Communication (1'Z/13/Z004) from the Solid Waste Program Administrative Officer, requesting Council review and approval of a bill aniending Subsection (c) of Section 6-3.'Z of the Kauai County Code 1987, adding the term "special purpose" to the list of grants that may be allotted to either for-profit or non-profit organizations that comply with the requirements of the appropriation of funds. (See Proposed Draft Bill No. 2115) Council Meeting Agenda Z January 13, 2005 CZ005-44 Communication (1'Z/16/Z004) from the Planning Director, transmitting the Planning Commission's recommendation approving the State Land Use District Boundary Amendment A-2005-1 from Agricultural District to Urban District. (Kukui`Ula Development Company (Hawai`i) LLC, Applicant) (Applicant's petition, Kukui`Ula Employee Housing Project Traffic Assessment Report and Planning Commission's public hearing minutes of October 26, 2004 and November 9, 2004 are on file in the County Cleric's Office) (See Proposed Draft Bill No. 2116) CZ005-45 Communication (1'Z/16/Z004) from the Planning Director, transmitting the Planning Commission's recommendation to amend Zoning Map ZM-IO-300 from Open District (O) to Residential District (R-'ZO). (Kukui`Ula Development Company (Hawai`i) LLC, Applicant) (Applicant's petition, Kulcui`Ula Employee Housing Project Traffic Assessment Report and Plaririirig Commission's public hearing minutes of October 26, 2004 and November 9, 2004 are on file in the County Clerk's Office) (See Proposed Draft Bill No. 2117) C 2005-46 Communication (1'Z/'Z3/Z004) from Councilmember JoAnn A. Yukimura, transmitting for Council review and consideration, a proposed resolution requesting that the State Department of Transportation, Harbors Division, require an EIS on fire Hawaii Superferry prior to its operation commencing in the year 2006. (See Resolution No. 2005-1 S) C 2005-47 Communication (11/09/Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Infoiluation for fire month of October. C 2005-48 Communication (1'Z/06/Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Infoiluation for fire month of November. C 2005-49 Communication (1'Z/09/'Z004) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of November 2004. Council Meeting Agenda 3 January 13, 2005 CZ005-50 Communication (1'Z/16/Z004) from the Director of Finance, transmitting Financial Reports--Montle Ending October 31, 2004 (Copies of Detailed Budget Report (Listing), Statement of Revenues-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office). C 2005-51 Communication (1'Z/'Z7/Z004) from the Mayor, transmitting for Council information, his appointment of Debra Ann Spung, to the County of Kauai Committee on the Status of Women, for the first term. C 2005-5'Z Communication (1'Z/30/Z004) from the Mayor, transmitting for Council information, his reappointments of La France Kapaka- Arboleda and Laura L. Marsh to the County of Iaua`i Public Access, Open Space & Natural Resources Preservation Fund Commission. C 2005-53 Communication (1'Z/03/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Sandra L. Helmer, Z"a Term, to the County of Iaua`i Board of Ethics. (See Resolution No. 2005-16) C 2005-54 Communication (1'Z/ 13/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Theodore A. Daligdig, III, Z"`r Term (Labor), to the County of Kauai Planning Commission. (See Resolution No. 2005-17) C 2005-55 Communication (1'Z/ 13/Z004) from the Mayor, transmitting for Council confirmation, his appointment of Myles S. Shibata, 1st Term, to flee County of Kauai Board of Water Supply. (See Resolution No. 2005-I8) C 2005-56 Communication (1'Z/ 14/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Beiliadette Sakoda, Zna Term, to the County of Iaua`i Board of Water Supply. (See Resolution No. 2005-19) Council Meeting Agenda 4 January 13, 'Z005 C'Z005-57 Communication (1'Z/15/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Robert J. Farias, Sr., 1st Term, to the County of Iaua`i Board of Ethics. (See Resolution No. 2005-20) C'Z005-58 Communication (1'Z/15/'Z004) from the Director, Office of Economic Development, requesting Council approval to apply for accept and expend $50,000 in grant funding from the Hawaii Tourism Authority, for projects relating to the visitor industry. C'Z005-59 Communication (1'Z/'ZO/'Z004) from the Executive on Housing, requesting Council approval to receive and expend an additional $463,500 in FY 'Z003 HOME funds for the Puhi Self-Help Project and $36,500 in administrative funds and to indemnify the Housing and Community Development Corporation of Hawaii. C'Z005-60 Communication (1'Z/'Z1/'Z004) from the Executive on Aging, requesting Council approval to apply for, accept and expend $75,963.00 of federal grant fiords from the Corporation for National and Community Service, which will be used for the continuing operations of the Iaua`i RSVP project during the 2005 prograni year (January 1, 'Z005 through December 31, 2005). C'Z005-61 Communication (11/30/'Z004) from the Chief of Police, requesting Council approval to accept and use a vehicle (04- 5949) forfeited through the Asset Forfeiture Program to be assigned to the Vice/Narcotics Unit replacing an existing vehicle, which will be used for counter-narcotics operations. C'Z005-6'Z Communication (1'Z/'Z7/'Z004) from the Chief of Police, requesting Council approval to accept and use a vehicle (04- 8631) forfeited through the Asset Forfeiture Program to be assigned to the Vice/Narcotics Unit replacing an existing vehicle, which will be used for cotmter-narcotics operations. Council Meeting Agenda 5 January 13, 'Z005 C'Z005-64 Communication (11/'Z9/'Z004) from the Planning Director, transmitting the Planning Commission's recommendation to amend a zoning condition in Ordinance No. PM-303-94 (as aniended by Ordinances Nos. PM-'Z06-90, and PM-'Z68-93), relating to the removal of the requirement for affordable housing. (Grove Farm Properties, Inc; Diamond Pacific Homes, L.L.C., Applicant) (See Proposed Draft Bill No. 2118) CLAIMS: C'Z005-63 Communication (O1/03/'Z005) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Asahi Okamoto, for daniages to his vehicle, pursuant to Section 23.06, Charter of the Cormty of Iaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-1: on C'Z005-10 Communication (11/09/'Z004) from the Director of Personnel Services, transmitting for Council infoiluation, quarterly reports relative to vacancies, established positions, new hires, reallocations and promotions. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-1: on EPS 'Z005-1 Communication (1'Z/3/'Z004) from Mel Rapozo, Energy & Public Safety Committee Chair, requesting the presence of Iaua`i Island Utility Cooperative (KIUC) to give a quarterly update. [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2005-1: on PL'Z005-1 Communication (1'Z/17/'Z004) from Planning Committee Chair Yukimura, requesting the Planning Director to provide an update and status of all major projects currently being undertaken by the Planning Department for the second quarter of FY 'Z004-'Z005. [Received for the record.] Council Meeting Agenda 6 January 13, 2005 RESOLUTIONS: Resolution No. 2005-05, RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENTS TO THE LIQUOR CONTROL COMMISSION (Raymond Sato and Carol Suzawa, Second Terms) (Deferred 12/16/2004) Resolution No. 2005-06, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Carol Furtado, Second Tei1u) (Deferred 12/16/2004) Resolution No. 2005-07, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF ETHICS (James B. Clifford, Second Term) (Deferred 12/16/2004) Resolution No. 2005-08, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF REVIEW (Benjamin E. Lizama, Jr., First Term) (Deferred 12/16/2004) Resolution No. 2005-09, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENTS TO THE BUILDING BOARD OF APPEALS (Tad Yoshikawa- Plumber, and Robert Westeiluan-Fire, Second Teilus) (Deferred 12/16/2004) Resolution No. 2005-10, RESOLUTION AMENDING RESOLUTION NO. 2004-'ZO TO CONFIRM REPLACING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Rodney Pascua, First Term) (Deferred 12/16/2004) Resolution No. 2005-11, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENTS TO THE PLANNING COMMISSION (Sandi Kato-Ilutke- Business, and Michael Lockett -Environmental, Second Terms) (Deferred 12/16/2004) Resolution No. 2005-1'Z, RESOLUTION AMENDING RESOLUTION NO. 2004-31 TO CONFIRM REPLACING A MAYORAL APPOINTMENT TO THE IAUA`I COUNTY CHARTER REVIEW COMMISSION (Glen Takenouchi) (Deferred 12/16/2004) Council Meeting Agenda 7 January 13, 2005 Resolution No. 2005-13, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Thomas M. Iannucci, First Term) (Deferred 12/16/2004) Resolution No. 2005-14, RESOLUTION APPOINTING MEMBER TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Gary E. Smith, 9t1i Member, Initial Term) (Deferred 12/16/2004) Resolution No. 2005-15, RESOLUTION REQUESTING THAT AN ENVIRONMENTAL IMPACT STATEMENT BE PREPARED ON THE HAWAII SUPERFERRY Resolution No. 2005-16, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF ETHICS (Sandra L. Helmer, Z~~a Term) Resolution No. 2005-17, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE PLANNING COMMISSION (Theodore A. Daligdig, III, Ana Tei1u, Labor) Resolution No. 2005-18, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Myles S. Shibata, lit Term) Resolution No. 2005-19, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF WATER SUPPLY (Bernadette Sakoda, Ana Term) Resolution No. 2005-'Z0, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Robert J. Farias, Sr., 1st Term) BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 115 - A BILL FOR AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 6-3.'Z OF THE IiAUA`I COUNTY CODE 1987, RELATING TO FINANCE Council Meeting Agenda 8 January 13, 2005 Proposed Draft Bill No. 'Z 116 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN KOLOA, IiAUA`I (Kukui`Ula Development Company (Hawai`i), LLC, Applicant) Proposed Draft Bill No. 'Z 117 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN IOLOA, IAUA`I (Iukui`Ula Development Company (Hawai`i), LLC, Applicant) Proposed Draft Bill No. 'Z 118 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM-303-94, RELATING TO ZONING DESIGNATION IN PUHI, IAUA`I EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") ~9Z-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. ~9Z-4 and shall be limited to those items described in H.R.S. ~9Z-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-176 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel, including presentation of and decision making on settlement proposals in the case of Iva v. County of Iaua`i, Civil No. OZ- OOZ86 KSC, United States District Court. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the Cotmty as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 9 January 13, 2005 NOTE: If the Council is not finished with this meeting by approximately 2:00 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Proposed Draft Bill No. 2111 - A BILL, FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT' 1 BETWEENJULY 1, 2003AND JUNE 30, 2005 Proposed Draft Bill No. 2112 -AN ORDINANCE AMENDING ORDINANCE NO. 8-2004-621 ASAMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2004 THROUGHJUNE 30, 2005, BY REVISING THE SURPLUSAND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Enterprise Project - $270, 972) Proposed Draft Bill No. 2114 - AN ORDINANCE AMENDING ORLINANCE ND. B-2004-621, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF I~ 4UA `I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGHJUNE 30, 2005, BY REVISING THE SURPLUSAND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Public Access, Open Space, Natural Resources Preservation Fund - $25, 345) 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. 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, 4395 RICE STREET, ROOM 205, LIHUE, KAUAI. TELEPHONE NO. 241-5371.