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HomeMy WebLinkAbout2005-03-10 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, MARCH 10, 2005 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Regular Meeting of February 10, 'Z005 COMMUNICATIONS: C 'Z005-106 Communication (0'Z/ 16/'Z005) from Councilmember Mel Rapozo, transmitting for Council consideration, a resolution requesting the Charter Review Commission consider writing a new Charter for the Cotmty of Iaua`i. (See Resolution No. 2005- 26) C'Z005-107 Communication (0'Z/'Z3/'Z005) from the Executive on Housing, requesting Council approval of a resolution authorizing the filing of the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 'Z005 Community Development Block Grant (CDBG) projects. (See Resolution No. 2005-27) C'Z005-108 Communication (0'Z/'Z3/'Z005) from the Executive on Housing, requesting Council approval of a resolution authorizing the filing of the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 'Z005 HOME Investment Partnerships Projects. (See Resolution No. 2005-28) Council Meeting Agenda Z March 10, 'Z005 C'Z005-109 Communication (0'Z/18/'Z005) from the Mayor, transmitting for Council confirmation, his appointment of Imaikalani P. Aiu, 1st Term, (Environmental) to the County of Kauai Planning Commission. (See Resolution No. 2005-29) C'Z005-110 Communication (0'Z/'Z5/'Z005) from the Business Management Officer, Department of Public Works, requesting Council approval to transfer an additional $'Z00,000 to the Olohena Bridge Project to adequately match the Federal Highway Administration (FHWA) funding. (See Proposed Draft Bill No. 2122) C'Z005-111 Communication (0'Z/'Z5/'Z005) from the Business Management Officer, Department of Public Works, requesting Council approval to transfer an additional $350,000 to the Vidinha Stadium Parking Lot Resurfacing Project. (See Proposed Draft Bill No. 2123) C'Z005-11'Z Communication (0'Z/'Z5/'Z005) from the Director of Finance, requesting Council approval to revise and appropriate $75,314 from the surplus estimated in the General Fund, to hire afull- time contract Commission Support Clerk in the Office of the Mayor, and reimburse litigation costs incuil~ed by the Office of the County Attorney. (See Proposed Draft Bill No. 2124) C'Z005-113 Communication (0'Z/03/'Z005) from the Director of Finance, transmitting Financial Reports--Month Ending December 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'Z005-114 Communication (0'Z/04/'Z005) from the Director of Finance, transmitting for Council information, the Cash/Investment Balances for the 'Z~~a Quarter of Fiscal Year 'Z005. Council Meeting Agenda 3 March 10, 2005 CZ005-115 Communication (0'Z/16/Z005) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of December 31, 2004. (Reports on file in the County Cleric's Office.) C 2005-116 Communication (0'Z/'Z4/Z005) from Richard Ii. Maeda, President, Kauai Builders, Ltd, requesting to address the Council at the March 10, 2005 Council meeting regarding the Kapa`a-Kealia Bike & Pedestrian Path, FAP No. STP-CM- 0700(48). C 2005-117 Communication (U1/'Z7/Z005) from Judith Thomson, Chairperson, Kauai Committee on the Status of Women, requesting agenda time on the March 10, 2005 Council agenda to: 1. update the Council on the activities of the Committee; Z. present a PowerPoint presentation on the response to the Women's Health Month survey done in September 2003; 3. provide the Council with the results of the statewide Commission on the Status of Women Self Sufficiency Study; and 4. answer any questions, address any concerns and/or accept any suggestions the Council may have as it relates to the Committee and its mission. C 2005-118 Communication (O1/'Z8/Z005) from the Council Chair, requesting that the Department of Public Works provide an update on the County of Kaua`i's various solid waste progranis at the March 10, 2005 Council meeting. C 2005-119 Communication (0'Z/'Z4/Z005) from Councihuember Mel Rapozo, requesting that the Deputy County Engineer be present at the March 10, 2005 Council meeting to provide an update on the replacement of Olohena Bridge. Council Meeting Agenda 4 March 10, 'Z005 C'Z005-1'ZO Communication (0'Z/'Z'Z/'Z005) from the Parks Administrator, requesting Council approval to assign the $4'Z,000 of Land and Water Conservation funds for playground equipment construction and installation at Hanapepe Heights and Cliffside Parks to the Good Beginning Alliance, the non-profit entity sponsoring the community build project. C 'Z005-1'Z 1 Communication (03/04/'Z005) from Councihuember Mel Rapozo, requesting that the Public Works Department provide an update and status report on the Lydgate-Kapa`a Bicycle/Pedestrian Path Project, specifically in the area of Papaloa Road in Wailua, at the March 10, 'Z005 Council meeting. LEGAL DOCUMENT: C'Z005-1'Z5 Communication (0'Z/'Z8/'Z005) from the from the Mayor, recommending Council approval of a Cancellation of a Portion of Easement B-'Z and Easement C-1 and Grant of Easement P-4 and Easement C-'Z, from H. Dale Stark, June B. Stark, Walter G. Kortschak and Marcia B. Kortschak, Williani B. White, Steven V. Ruddell and Merlyn W. Ruddell, and Gary C. Stewart and Teresa M. Stewart to the County of Kauai for Kauapea Beach access easement. C T.ATMS• C'Z005-1'Z'Z Communication (0'Z/14/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Wilbur D. Olsen and Steven Snably, for personal property daniages, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C'Z005-1'Z3 Communication (0'Z/17/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by John Francis Wehrheim, for damages to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. Council Meeting Agenda 5 March 10, 'Z005 C'Z005-1'Z4 Communication (0'Z/18/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Wanda Miyajima, for personal damages, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-5: on C 'Z005-84 Communication (01/ 19/'Z005) from James Y. Nakayania of Barns Yee Murakami Hanashiro Choy, LLP, transmitting for Council infoiluation, final reports of the Comprehensive Annual Financial Report of the Cotmty of Iaua`i (CAFR), Single Audit Report, and Recommendations Designed to Improve Internal Accounting Controls and Efficiency Report for the year ended June 30, 'Z004. [Received for the record.] ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-ED 2005-1: on ED 'Z005-1 Communication ('Z/ 14/'Z005) from Jay Furfaro, Economic Development Committee Chair, requesting agenda time to do a PowerPoint presentation on the expectations and possibilities of Workforce Housing. [Received for the record.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2005-3: on 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 IiAUA`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) [Approved.] Council Meeting Agenda 6 March 10, 'Z005 PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-4: on 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) [Approved.] PLANNING COMMITTEE REPORTS: CR-PL 2005-5: on Bill No. 'Z 116 A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN IOLOA, IAUA`I (Iukui`Ula Development Company (Hawai`i), LLC, Applicant) [Approved.] CR-PL 2005-6: on Bill No. 'Z 117 RESOLUTIONS: A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN KOLOA, IiAUA`I (Iukui`CTla Development Company (Hawai`i), LLC, Applicant) [Approved as amended.] Resolution No. 'Z005-'Z4, RESOLUTION APPOINTING MEMBER TO THE SALARY COMMISSION (County Council Appointee) (Frederick Wells): (Deferred peridirig iriteruiew 1/26/2005) Resolution No. 'Z005-'Z6, RESOLUTION REQUESTING THE CHARTER REVIEW COMMISSION TO CONSIDER WRITING A NEW CHARTER FOR THE COUNTY OF IAUA`I Council Meeting Agenda 7 March 10, 'Z005 Resolution No. 'Z005-'Z7, RESOLUTION AUTHORIZING THE FILING OF THE IiAUA`I COUNTY 'Z005 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-'Z4'Z), AS AMENDED ($89'Z,8'Z 1 CDBG) Resolution No. 'Z005-'Z8, RESOLUTION AUTHORIZING THE FILING OF THE IAUA`I COUNTY 2005 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED ($'Z,'Z7'Z,500 HOME) Resolution No. 2005-'Z9, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Imaikalani P. Aiu, First Term, Environmental) BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 1'Z'Z - 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 HIGHWAY FUND ($'Z00,000 Olohena Bridge Project) Proposed Draft Bill No. 'Z 1'Z3 - 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 AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($350,000 Vidinha Stadium Parking Lot) Proposed Draft Bill No. 'Z 1'Z4 - 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, 2004 THROUGH JUNE 30, 'Z005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($39,864 Commission Support Clerk, $35,450 Litigation Costs) Council Meeting Agenda 8 March 10, 'Z005 BILLS FOR SECOND READING: 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 IiAUA`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 ($365,000 Adolescent Residential Treatment Facility) (The Community Assistance Committee recommended approval ori 03/03/2005) 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 IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 'Z004 THROUGH JUNE 30, 'Z005, BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND ($150,000 Maka Road Improvements) (The Parlcs & Public Works Committee recommended approval on 03/03/2005) Bill No. 'Z 116 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRIC'T' BOUNDARY IN IOLOA, IAUA`I (Iukui`Ula Development Company (Hawai`i), LLC, Applicant) (The Planning Committee recommended approval ori 03/03/2005) Bill No. 'Z 117, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN KOLOA, IiAUA`I (Kukui`Ula Development Company (Hawai`i), LLC, Applicant) (The Planning Committee recommended approval as amended ori 03/03/2005) 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 Cleric's Office. Discussions held iri Executive Session are closed to the public.) Council Meeting Agenda 9 March 10, 2005 ES-159 Pursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a)(4), the purpose of this executive session is to discuss the status of County of Kauai Contract No. 6644 (Island Recycling, Inc.). 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. (Deferred 02/24/2005) 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. Ball No. 2121 - A BILL, FOR AN ORDINANCE APPROTTING A THREE-YEAR CONTRACT FOR ANNUAL FINANCIAL AUDITS ~2oo4-zoos, Zoos-zoos, 2006-200~> 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, LIHU`E, KAUAI. TELEPHONE NO. 241-5371.