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Home My WebLink About2005-01-26 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JANUARY 26, 2005 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Mid-Month Meeting of December 16, 2004 Special Meeting of January 6, 2005 Public Hearing of January 13, 2005, re: Bills Nos. 'Z 111, 'Z l 1'Z and 'Z 114 COMMUNICATIONS: C 2005-65 Communication (1'Z/30/Z004) from Wallace Iudo, Acting Chief, Engineering Division, Department of Public Works, requesting Council approval to transfer $150,000 from the Project Contingency fund for the Maka Road improvements. (See Proposed Draft Bill No. 2119) C 2005-66 Communication (1'Z/30/Z004) from the Mayor, requesting Council approval to appropriate $365,000 from the CIP Unappropriated Surplus account to develop an adolescent residential treatment facility in Hanapepe, Iaua`i. (See Proposed Draft Bill No. 2120) C 2005-67 Communication (O1/ 13/Z005) from the Council Chair, transmitting for Council consideration, a resolution appointing Frederick Wells to the Salary Commission as a Council appointee. (See Resolution No. 2005-24) Council Meeting Agenda Z January 'Z6, Z005 C 2005-68 Communication (1'Z/30/Z004) from the Purchasing & Assistant Contracts Administrator, transmitting for Council infoiluation, the FY 04/05 Zna Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office) C 2005-69 Communication (O1/ 10/Z005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of December 2004. C 2005-70 Communication (O1/ 10/Z005) from the Mayor, transmitting for Council information, his withdrawal of the re-appointment of Robert Westerman to a second term on the County of Iaua`i Building Board of Appeals, as Mr. Westeiluan has accepted a Mayoral appointment as the County's next Fire Chief. C 2005-71 Communication (O1/ 13/Z005) from the Mayor, transmitting for Council information, his withdrawal of the re-appointment of Michael B.K. Lockett to a second term on the County of Kauai Planning Commission. C 2005-7'Z Communication (O1/07/Z005) from the Director, Office of Economic Development, requesting Council approval: 1. to apply for, receive and expend $69,825 in grant funds from the State Department of Business, Economic Development and Tourism's Energy, Resources and Technology Division (DBEDT-ERTD) for salary, operations, travel and program support for 2005-2006, and Z. to apply for, receive and expend $80,975 in grant funds from the State Department of Business, Economic Development and Tourism's Energy, Resources and Technology Division (DBEDT-ERTD) for a Pacific Missle Range Facility/landfill gas feasibility study that will exaniine all aspects of using methane from the Kekaha Landfill to x2m a combined heat and power production unit for base operations, and 3. the "Indemnification and Defense" clause as it relates to contracts with the State. Council Meeting Agenda 3 January 'Z6, Z005 C 2005-77 Communication (O1/ 18/Z005) from Gary Blaich, M.D. on behalf of the Kauai Public Land Trust (KPLT), requesting Council approval for the County to apply for a grant from the National Oceanic and Atmospheric Administration's (NOAA) Coastal and Estuarine Land Conservation Program, to acquire two ('Z) key parcels in the Fish and Wildlife (FWS) Kilauea Point National Wildlife Refuge expansion project. C 2005-78 Communication (01/ 14/Z005) from Councilmember JoAnn A. Yukimura requesting Council approval to co-sponsor the citizen-initiated facilitated roundtable (stakeholder) discussion on vacation rentals. C 2005-80 Communication (O1/'ZO/Z005) from the Council Chair, requesting Council consideration and approval of a resolution adopting rules of the Council of the County of Kauai for investigations conducted pursuant to Section 3.17 of the Charter of the County of Kauai. (See Resolution No. 2005-25) LEGAL DOCUMENTS: CZ005-73 Communication (1'Z/17/Z004) from the Mayor, recommending Council approval of a Partial Cancellation of Easement B-'Z and Easement D and Grant of Easement P-3, from H. Dale Stark, June B. Stark, Walter G. Iortschak and Marcia B. Iortschak, Williani B. White, Steven V. Ruddell and Merlyn W. Ruddell and Melange Associates, Inc. to the County of Kauai for relocation of the Iauapea Beach access easement. C 2005-79 Communication (O1/'ZO/Z005) from Councilmember Shaylene Iseri-Carvalho requesting Council approval of a legal document relating to an agreement with Kauai Development LLC regarding its affordable housing obligation. CLAIMS: C 2005-74 Communication (O1/ 10/Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Betty J. Domdoma, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 January 'Z6, 'Z005 C 'Z005-75 Communication (O1/ 10/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Ronald G. Kawamura, for damages to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C 'Z005-76 Communication (O1/ 1'Z/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Lyndsey Dayle Kenney, for damages to her vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-2: on Bill No. 'Z 111 A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 'Z003 AND JUNE 30, 'Z005 [Approved.] CR-F/IGR 2005-3: on Bill No. 'Z 11'Z AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004-6'Z 1 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 'Z004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Enterprise Project - $'Z70,97'Z) [Approved.] Council Meeting Agenda 5 January 'Z6, Z005 COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2005-2: on C 2004-303 Communication (10/18/Z004) from the Executive on Housing, requesting time on the next Council meeting agenda to discuss potential actions that the owner of the Kauai Lagoons Resort Company, Inc. could employ to settle its affordable housing obligation. [Received for the record and transmit the agreement in its entirety to the full Council for approval as a legal document.] PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-1: on PPW 2005-1 Communication (1/7/Z005) from Janies Iunane Tokioka, Parks & Public Works Committee Chair, requesting the Administration to be present to give an update on the Bottle Bill redemption centers on Kauai. [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2005-2: on Bill No. 'Z 114 AN ORDINANCE AMENDING ORDINANCE NO. B-2004-6'Z 1, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Public Access, Open Space, Natural Resources Preservation Fund - $25,345) [Approved.] RESOLUTIONS: Resolution No. 2005-05, RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENTS TO THE LIQUOR CONTROL COMMISSION (Raymond Sato and Carol Suzawa, Second Terms) (Deferred 01/13/2005) Council Meeting Agenda 6 January 'Z6, Z005 Resolution No. 2005-06, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Carol Furtado, Second Tei1u) (Deferred 01/13/2005) Resolution No. 2005-07, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF ETHICS (Janies B. Clifford, Second Term) (Deferred 01/13/2005) Resolution No. 2005-08, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF REVIEW (Benjamin E. Lizama, Jr., First Term) (Deferred 01/13/2005) 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 01/13/2005) 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 01/13/2005) Resolution No. 2005-13, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Thomas M. Iannucci, First Term) (Deferred 01/13/2005) Resolution No. 2005-14, RESOLUTION APPOINTING MEMBER TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Gary E. Smith, 9th Member, Initial Term) (Deferred 01/13/2005) Resolution No. 2005-15, RESOLUTION REQUESTING THAT AN ENVIRONMENTAL IMPACT STATEMENT BE PREPARED ON THE HAWAII SUPERFERRY (Deferred 01/13/2005) Resolution No. 2005-16, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF ETHICS (Sandra L. Helmer, Second Term) (Deferred 01/13/2005) Council Meeting Agenda 7 January 'Z6, 'Z005 Resolution No. 'Z005-17, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE PLANNING COMMISSION (Theodore A. Daligdig, III, Second Tei1u, Labor) (Deferred 01/13/2005) Resolution No. 2005-18, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Myles S. Shibata, First Term) (Deferred 01/13/2005) Resolution No. 'Z005-19, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF WATER SUPPLY (Bernadette Sakoda, Second Tei1u) (Deferred 01/13/2005) Resolution No. 'Z005-'Z 1, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE PLANNING COMMISSION (Sandi Kato-Ilutke- Business, Second Tei1u) Resolution No. 'Z005-'Z'Z, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Tad Yoshikawa- Plumber, Second Term) Resolution No. 2005-'Z3, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Robert J. Farias, Sr., First Tei1u) Resolution No. 'Z005-'Z4, RESOLUTION APPOINTING MEMBER TO THE SALARY COMMISSION (County Council Appointee) (Frederick Wells) Resolution No. 'Z005-'Z5, RESOLUTION ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF IAUA`I FOR INVESTIGATIONS CONDUCTED PURSUANT TO SECTION 3.17 OF THE CHARTER OF THE COUNTY OF IiAUA`I BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 119 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004-6'Z'Z AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IiAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 'Z005, BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND ($150,000 Maka Road Improvements) Council Meeting Agenda 8 January 'Z6, 'Z005 Proposed Draft Bill No. 'Z 1'ZO - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004-6'Z'Z AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 'Z005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($365,000 Adolescent Residential Treatment Facility) BILLS FOR SECOND READING: Bill No. 'Z 111 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 2003 AND JUNE 30, 'Z005 (The Finance/Intergovernmental Relations Committee recommended approval orr 01/20/2005) Bill No. 'Z 11'Z - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004- 6'Z 1 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 'Z004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Enterprise Project - $'Z70,97'Z) (The Finance/Intergovernmental Relations Committee recommended approval orr 01/20/2005) Bill No. 'Z 114 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004- 6'Z 1, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IiAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 'Z004 THROUGH JUNE 30, 'Z005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Public Access, Open Space, Natural Resources Preservation Fund - $'Z5,345) (The Planning Committee recommended approval orr 01/20/2005) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") ~9'Z-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. ~9'Z-4 and shall be limited to those items described in H.R.S. ~9'Z-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.) Council Meeting Agenda 9 January 26, 2005 ADJOURNMENT. 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. Bill No. 2115 -A BILL, FOR AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 6-3.2 OF THE KAUA `I COUNTY CODE 1987, RELATING TO FINANCE Bill No. 2118 - A BILL, FOR AN ORDINANCEANIENDING ZONING CONDITION IIV ORDINANCE NO. PM-303-94, RELATING TO ZONING DESIGNATIONINPUHI,KAUA`I (Grove Farm Properties,Inc.; DiamonclPacifacHomes,L.L.C., Applicants) 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. 241-6371.