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HomeMy WebLinkAbout2005-03-31 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, MARCH 31, 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 February Z4, Z005 Public Hearing of February 'Z4, Z005, re: Bills Nos. 'Z 119 and 'Z 1Z0 Special Council Meeting of March 3, 2005 Public Hearing of March 10, 2005 Special Council Meeting of March 10, 2005 COMMUNICATIONS: CZ005-1Z6 Communication (03/15/Z005) from the Mayor, submitting his FY 2005-2006 budget message, along with his proposed operating budget and capital improvements budget. (Detailed Line Item on file in the Cotmty Clerk's Office.) (See Resolution No. 2005-30 and Proposed Draft Bills No. 2125 and No. 2126) C 2005-1Z7 Communication (03/03/Z005) from the Executive on Housing, transmitting for Council consideration, a resolution recognizing March 'Z8 to April 3, 2005 as National Community Development Week 2005. (See Resolution No. 2005-31) Council Meeting Agenda Z March 31, 2005 CZ005-1Z8 Communication (03/17/Z005) from the Chief, Building Division, transmitting for Council consideration, a resolution approving the use of SRF Funds in the amount of $1,750,000 for the Kauai County Cesspool Conversion Project, and repealing Resolution No. 2003-'Z9, due to an increase in the project scope and construction costs. (See Resolution No. 2005-32) CZ005-1Z9 Communication (03/17/Z005) from the Council Vice Chair, transmitting for Council consideration, a resolution strongly supporting the Community Development Block Grant (CDBG) prograni and urging Congress to preserve the prograni, which addresses affordable, community and economic development needs. (See Resolution No. 2005-33) C 2005-130 Communication (03/ 15/Z005) from the Mayor, transmitting for Council consideration, an amendment to Chapter 5A, Iaua`i County Code 1987, to provide tax relief for residential homeowners by limiting the increase in real property taxes to not exceed 'Z% a year. (See Proposed Draft Bill No. 2127) C 2005-131 Communication (03/04/Z005) from the Mayor, transmitting for Council consideration, two ('Z) proposed bills that would require lateral access along Kaua`i's shorelines. (See Proposed Draft Bill No. 2128 and Proposed Draft Bill No. 2129) CZ005-13Z Communication (03/18/Z005) from the Director of Finance, transmitting a bill for Council consideration, an aniendment to Chapter 'Z3, Article 1, Section 'Z3-1.14, Iaua`i County Code 1987, by updating the number of taxicabs in actual operation and deterring taxicab operators from retaining inactive licenses by amending the effective operational date for active taxicabs from February 'Z3, Z000 to November 1, 2004. (See Proposed Draft Bill No. 2130) C 2005-116 Communication (0'Z/'Z4/Z005) from Richard K. Maeda, President, Iaua`i Builders, Ltd, requesting to address the Council at the March 10, 2005 Council meeting regarding the Iapa`a-Iealia Bike & Pedestrian Path, FAP No. STP-CM- 0700(48). (Deferred 03/10/2005) Council Meeting Agenda 3 March 31, 2005 CZ005-133 Communication (03/10/Z005) from the Director of Finance, transmitting Financial Reports--Montle Ending January 31, 2005. (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). CZ005-134 Communication (03/14/Z005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of January 2005. C 2005-135 Communication (0'Z/'Z4/Z005) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend a Federal Transit Administration (FTA) Section 5309 grant in the aniount of $1,457,667 for capital expenditures for the County Transportation Agency. C 2005-136 Communication (03/O1/Z005) from the Prosecuting Attorney, requesting Council approval to receive, indemnify and expend federal funds in the amount of $185,051 from the State of Hawaii, Department of the Attorney General for the Kauai Victims of Crime Act (VOCA) Expansion Project, for the term October 1, 2004 through September 30, 2005, and will be used for salaries, operation expense, and training for the Office of the Prosecuting Attoiliey, Victim/Witness Prograni. C 2005-137 Communication (03/O1/Z005) from the Prosecuting Attorney, requesting Council approval to receive, indemnify and expend additional federal funds in the amount of $59,547 from the State of Hawaii, Department of the Attorney General for the Kauai Victims of Crime Act (VOCA) Expansion Project, which commenced on October 1, Z00'Z and will expire on September 30, 2005, and will be used for salaries for the Office of the Prosecuting Attoiliey, Victim/Witness Prograni. CZ005-138 Communication (03/18/Z005) from the Director, Office of Economic Development, requesting Council approval to apply for, receive, indemnify and expend a $150,000 grant from the U.S. Department of Agriculture (USDA), Rural Development Prograni for the construction of a Niihau School photovoltaic power (PV) system and the purchase of a refrigerator, freezer and computers. Council Meeting Agenda 4 March 31, 2005 C 2005-139 Request (03/04/Z005) from the Office of the County Attorney for approval for an additional appropriation of up to $12,000.00 for special counsel Ted Hong's representation of the County in Stanley Kua v. County of Kauai, et al., Civ. No. OZ-00286 SPIT/KSC (USDCT) and related matters. CLAIMS: C 2005-140 Communication (03/07/2005) from the County Clerk, transmitting a claim filed against the County of Kauai by Arthur Cano, for damages to his vehicle, pursuant to Section 23.06, Charter of the Cormty of Iaua`i. CZ005-141 Communication (03/18/2005) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by JoAnn K. Mork, for personal injuries, pursuant to Section 23.06, Charter of the Cormty of Iaua`i. COMMITTEE REPORTS: PLANNING COMMITTEE REPORT: CR-PL 2005-7: on PL 2005-3 Communication (3/4/2005) from JoAnn A. Yukimura, Planning Committee Chair, requesting that Mr. John Garibaldi, Chief Executive Officer of the Hawaii Superferry be present to give a presentation to the Planning Committee. [Received for the record.] COMMITTEE OF THE WHOLE REPORT: CR-W 2005-3: on Resolution No. 2005-Z6 RESOLUTION REQUESTING THE CHARTER REVIEW COMMISSION TO CONSIDER WRITING A NEW CHARTER FOR THE COUNTY OF IAUA`I [Received for the record.] Council Meeting Agenda 5 March 31, 'Z005 RESOLUTIONS: Resolution No. 'Z005-06, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Carol Furtado, Second Tei1u) (Deferred 2/10/2005 to the March 31, 2005 Council meeting) Resolution No. 'Z005-'Z4, RESOLUTION APPOINTING MEMBER TO THE SALARY COMMISSION (County Council Appointee) (Frederick Wells) (Deferred peridirig iriteruiew 3/10/2005) Resolution No. 'Z005-'Z6, RESOLUTION REQUESTING THE CHARTER REVIEW COMMISSION TO CONSIDER WRITING A NEW CHARTER FOR THE COUNTY OF IAUA`I (The Committee of the Whole recommended receiving the resolution for the record on 03/17/2005) 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 ($89'Z,8'Z 1 CDBG) (Deferred 03/10/2005) Resolution No. 'Z005-'Z8, RESOLUTION AUTHORIZING THE FILING OF THE IiAUA`I COUNTY 2005 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED ($'Z,'Z7'Z,500 HOME) (Deferred 03/10/2005) Resolution No. 2005-'Z9, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Imaikalani P. Aiu, First Term, Environmental) (Deferred pending interview 3/10/2005) Resolution No. 'Z005-30, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 'Z005 TO JUNE 30, 2006 FOR THE COUNTY OF IAUA`I Council Meeting Agenda 6 March 31, 2005 Resolution No. 2005-31, RESOLUTION RECOGNIZING MARCH 'Z8-APRIL 3, 2005, AS NATIONAL COMMUNITY DEVELOPMENT WEEK 2005 Resolution No. 2005-3'Z, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF IiAUA`I TO REQUEST FOR AND EXECUTE STATE WATER POLLUTIONS CONTROL REVOLVING FUND LOAN/GRANT APPLICATIONS AND AGREEMENTS WITH THE DEPARTMENT OF HEALTH, STATE OF HAWAII, FOR THE DESIGN AND CONSTRUCTION OF THE IAUA`I COUNTY CESSPOOL CONVERSION PROJECT Resolution No. 2005-33, RESOLUTION STRONGLY SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND URGING CONGRESS TO PRESERVE THE CDBG PROGRAM BILLS FOR FIRST READING: Proposed Draft Bill No. ZlZS - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2005 TO JUNE 30, 2006 Proposed Draft Bill No. ZlZ6 - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2005 TO JUNE 30, 2006 Proposed Draft Bill No. 'Z lZ7 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, IAUA`I COUNTY CODE, 1987, RELATING TO TAX RELIEF FOR RESIDENTIAL HOMEOWNERS Proposed Draft Bill No. 'Z lZ8 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO PUBLIC ACCESS WAYS Proposed Draft Bill No. 'Z lZ9 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, IiAUA`I COUNTY CODE 1987, RELATING TO PUBLIC ACCESS- WAYS Proposed Draft Bill No. 'Z 130 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 'Z3, ARTICLE 1, SECTION 'Z3-1.14, IiAUA`I COUNTY CODE 1987, AS AMENDED RELATING TO LIMITATION ON THE NUMBER OF TAXIS Council Meeting Agenda 7 March 31, 2005 EXECUTIVE SESSION: Pursuant to Haul. 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. §92-4 and shall be limited to those items described in H.R.S. X92-5(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.) 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. 2122 - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-b22 AS AMENDED, REL~4TIIVG TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY RETTISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IIV THE HIGHWAY FUAjD ($500, 000 Olohena Bridge Project) Bill No. 2123 - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-622 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY RETJISIIVG THE SURPLUS AND APPROPRIATIONS ESTIMATED IAj THE GENERAL FUND ($350, 000 Vtdtnha Stadium Parking Lot) Bill No. 2124 - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-621 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY RETlISING THE SURPLUSAND APPROPRIATIONS ESTLt~4TED IN THE GENERAL FUND ($39, 864 Commission Support Clerk, $35, 450Litigatton Costs) 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.