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.