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Home My WebLink About2005-08-11 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, AUGUST 11, 2005 9cnn A_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 meeting of the Council: Regular Meeting of July 14, 'Z005 Special Meeting of July 'Z8, 'Z005 COMMUNICATIONS: C'Z005-'Z70 Communication (1'Z/0'Z/'Z004) from Cesar C. Portugal, P.E., former Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution establishing speed humps on Lanakila Road. (See Resolution No. 2005-48) C 'Z005-'Z71 Communication (07/'ZO/'Z005) from the Council Chair, transmitting for Council consideration, a resolution opposing resort rezoning on Kauai. (See Resolution No. 2005-45) C 'Z005-'Z 7'Z Communication (07/ 1'Z/'Z005) from the Planning Director, transmitting the Planning Commission's recommendation that adoption of Bill No. 'Z 113 not be necessary to retain the zoning of the three (3) affected parcels (TMIs: 'Z-6-03:63; 'Z-6-04:11, 18, & 63; 'Z-6-14:1 through 43), and that the current zoning designations for the three (3) affected properties (R-'Z0, C-N/ST- P, and R-6) are still in effect and will be noted as such on the Planning Department's zoning maps and project files. (See Proposed Draft Bill No. 2113) Council Meeting Agenda 2 August 11, 2005 C 2005-273 Communication (08/05/2005) from Councihuember JoAnn A. Yukimura, transmitting for Council consideration, a bill establishing a new Chapter 26 in the Kauai County Code 1987, Relating to Special Improvement Financing by Community Facilities Districts. (See Proposed Draft Bill No. 2139) C 2005-274 Communication (07/22/2005) from the Mayor, transmitting for Council's information, the Iaua`i Humane Society's fourth quarter report for FY 2005. C 2005-275 Communication (07/ 18/2005) from the Executive on Housing, requesting Council approval to revise the Home Investment Partnership (HOME) Prograni budget for fiscal year 2005-2006, by revising the Administrative Contingency from $70,701 to $67,901, and adding a new line item for equipment and $2,800 to replace the desk top computer system for the Development Coordinator (and HOME Specialist), whose current system is inoperable. C 2005-276 Communication (07/ 19/2005) from the Fire Chief, requesting Council approval to apply for, receive and expend $9,537.39 of the Safe Community Traffic Safety Program Grant submitted under the lower priority project category of equipment requests by Emergency Medical Services that include: 1. Grant Request #1 $ 4,557.72 114 Ruigor exh~ication gloves 2. Grant Request #2 2,923.84 14 Backboards 3. Grant Request #3 1,371.59 8 Glass master cutter 4. Grant Request #4 684.24 9 Automatic blood pressure cuffs TOTAL $ 9,537.39 C 2005-277 Request (08/04/2005) from the Office of the County Attorney requesting approval to expend up to $30,000 for special counsel for the Charter Review Commission, consistent with the amounts budgeted for Fiscal Year 2005-2006 for this activity. Council Meeting Agenda 3 August 11, 'Z005 LEGAL DOCUMENTS: C 'Z005-'Z78 Communication (07/08/'Z005) from the Mayor, recommending Council approval of the following: 1. Limited Warranty Deed from New Seacliff Estates, LLC, dedicating to the County of Kauai, a 75-acre lot (Lot 'Z6- A), New Seacliff Estates, LLC Kilauea, Hanalei, Kauai, Hawaii, and Z. Grant of Easement B from New Seacliff Estates, LLC, conveying to the County of Iaua`i, Easement B, New Seacliff Estates, LLC at Kilauea, Hanalei, Kauai, Hawaii, for access and utility purposes. C'Z005-'Z79 Communication (07/'Z'Z/'Z005) from the Director, Offices of Community Assistance, recommending Council approval of a Right of Entry agreement between the County of Iaua`i and the State of Hawaii, Department of Education (DOE) and approval of the indemnification of the DOE to allow the Cormty of Iaua`i Transportation Agency to pick up and drop off passengers on certain parcels of land situated at or in the vicinity of all public schools on the island of Kauai. C T.ATMS• C 'Z005-'Z80 Communication (07/'Z6/'Z005) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by Cheryl L. Dilay, GEICO Insurance, for their insured Robert Negrete, for damage to his vehicle, pursuant to Section 'Z 3.06, Charter of the County of Iaua`i. C 'Z005-'Z81 Communication (07/'Z6/'Z005) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by Cheryl L. Dilay, GEICO Insurance, for their insured Harold Naumu, for damage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. Council Meeting Agenda COMMITTEE REPORTS: CR-ED 2005-3: on ED 2005-3 4 August 11, 2005 Communication (7/ 18/Z005) from Jay Furfaro, Economic Development Committee Chair, requesting that the Administration be present to discuss the State's offer to the counties to take control over the State boat ramps and small boat harbors. [Received for the record.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2005-5: on CA 2005-'Z Communication (7/8/Z005) from Shaylene Iseri-Carvalho, Community Assistance Committee Chair, requesting that Kevin Showe, National Housing Corporation, be present to give an update on the status of the Iaua`i Lagoons Affordable Housing Project. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-5: on Resolution No. 2005-39 A RESOLUTION TO REMOVE A PORTION OF WERE ROAD FROM THE COLLECTOR ROAD LIST [Approved as amended.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2005-11: on C 2005-Z60 Communication (07/05/Z005) from the Solid Waste Prograni Administrative Officer, requesting Council approval to accept ownership of the Kauai Aloha Shares Network, which was developed by Maui Recycling Group (MRG) under a County Reuse grant which expired in March 2005, and is an electronic reuse network that exchanges information about reusable materials in an effort to divert them from the landfill, and the Recycling Office would continue to use the network as a tool to facilitate and track reuse activities on Kauai. [Approved.] Council Meeting Agenda 5 August 11, 2005 CR-PPW 2005-12: on PPW 2005-5 Communication (7/ 18/Z005) from Bill "Iaipo" Asing, Council Chair, requesting an update/status of the entire Nawiliwili- Anahola Bike and Pedestrian Path Project, including the Papaloa Road section of the project. [Received for the record.] RESOLUTIONS: Resolution No. 2005-39, Draft 1, A RESOLUTION TO REMOVE A PORTION OF WERE ROAD FROM THE COLLECTOR ROAD LIST (The Energy & Public Safety Committee recommended approval as amended ori August 4, 2005) Resolution No. 2005-48, RESOLUTION ESTABLISHING SPEED HUMPS ON LANAKILA ROAD, IiAWAIHAU DISTRICT, COUNTY OF IiAUA`I Resolution No. 2005-45, OPPOSING RESORT REZONING ON IiAUA`I BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 113 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION AT KUKUI`ULA, IiAUA`I (Kaua`i County Council, Applicant) (Referred to the Plaririirig Commission 12/ 16/2004) Proposed Draft Bill No. 'Z 139 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW CHAPTER 'Z6, KAUAI COUNTY CODE 1987, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS 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.) Council Meeting Agenda 6 August 11, 2005 ADJOURNMENT. 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.