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Home My WebLink About2005-08-25 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, AUGUST 25, 2005 1:00 P.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu'e, Iiaua'i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of July 28, 2005 Regular Meeting of August 11, 2005 CUMMUNICATIUNS: C 2005-272 Communication (07/12/2005) from the Planning Director, transmitting the Planning Commission's recommendation that adoption of Bill No. 2118 not be necessary to retain the zoning of the three (8) affected parcels (TMKs: 2-G03:63; 2-6-04:11, 18, & 68; 2-6-14:1 through 48), and that the current zoning designations for the three (8) affected properties (R-20, 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 Dr~cift Bill No. 2113) (Refer~r~ed to Executive Sessioru oru 08/25/2005) C 2005-284 Commnunication (08/15/2005) from the Council Chair, transmitting for Council review and consideration, a resolution appointing Bill Dan DeCosta to the Public Access, (den Space, Natural Resources Preservation Fund Commission to serve as a Council appointee for a three-year term at-large position. (See Resoluti.ou No. 2005-50) Council Meeting Agenda Z August 'Z5, Z005 (~' 2005-285 Commnunication (07/22/2005) from the Chief of Police, requesting Council approval to create two (2) temporary Background Investigators positions to enable the Police Department to hire on an as-needed basis, to assist in conducting the background investigations of police applicants, and will be funded with unexpended salaries. C 2005-286 Communication (07/22/2004) from the Chief of Police, requesting Council approval to extend the lease agreement with Grove Farm Company for the Iiipu-Maluhia Firing Range for 20 years, commencing April 1, 2003 for a rental fee of $1 per year. C 2005-287 Communication (07/30/2005) from the Executive on Housing, requesting Council approval of the Kauai Resident Affordable Home-Buyer Registration List program, because it will affect implementation of existing, and perhaps future, affordable housing zoning conditions by establishing a marketing program that is not now part of the specific language of any affordable housing condition, and will provide the Housing Agency the authority to grant a priority status to qualified registrants when working with a developer to implement their affordable housing sales programs. C 2005-288 Commnunication (08/02/2005) from the Council Chair, requesting that the Administration and contractor provide an update of the )lohena Bridge Project at the August 25, 2005 Council meeting that includes: 1) a monthly police report on the traffic situation, 2) photos of the bridge project, and 3) for future updates, provide project information prior to the Council meeting, so that C'ouncilmembers have time to review the information. C 2005-289 Communication (08/03/2005) from the Chief, Building Division, Department of Public Works, requesting Council approval to purchase one (1) computer for approximately $2,200, with funds from the Building Permit Revolving Fund, for a new plans examiner position. C 2005-290 Communication (08/04/2005) from the Fire Chief, requesting Council approval to change four (4) budgeted lifeguard positions at 19 hours per week, to four (4) lifeguard positions at 20 hours per week with benefits. Council Meeting Agenda 3 August 'Z5, Z005 (~' 2005-291 Commnunication (08/11/2005) from the Prosecuting Attorney, requesting Council approve to receive and expend an additional $5,420.00 in federal funds from the State of Hawaii, Uffice of Youth Services for the Juvenile Accountability Block Grant (JABG), which will be allocated to the Kauai Teen Court Program, which will be administered by Hale `Opio Kauai, Inc. C 2005-292 Communication (08/12/2005) from C'ouncilmember Jay Furfaro, requesting that Peter T. Young, Chairperson of the Board of Land and Natural Resources be present at the Council meeting on August 25, 2005 to brief the Council on the small boat harbor issue. C 2005-293 Request (08/12/2005) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to represent the County and County entities in the case of Hanalei River Enterurises. Inc.. et al. v. Plannine Commission of the County of Kauai, et al.; Civil No. CV05-00425 HG LEK (U.S. District Court) and associated matters. (Copy of Complaint on file in the County Clerk's Office.) (~' 2005-294 Commnunication (11/18/2005) from Councilmember Yukimura, transmitting for Council consideration, a resolution supporting the creation of the United States Department of Peace. (see Resolution No. 2005-51) CLAIMS: C 2005-295 Communication (08/02/2005) from the County Clerk transmitting a claim filed against the County of Kauai by Sun Industries, Inc., for damages to personal property, pursuant to Section 28.06, Charter of the County of Kauai. C 2005-296 Communication (08/04/2005) from the County Clerk transmitting a claim filed against the County of Kauai by Brian Chapman, for damages to personal property, pursuant to Section 28.06, Charter of the County of Kauai. C 2005-297 Communication (08/05/2005) from the County Clerk transmitting a claim filed against the County of Kauai by (auirino S. Alcantara, for personal injuries, pursuant to Section 28.06, Charter of the County of Kauai. Council Meeting Agenda 4 August 'Z5, Z005 (~' 2005-298 Coimnunication (08/09/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Vanessa Cmmnings, for personal injuries, pursuant to Section 23.06, Charter of the County of Iiaua`i. Cc_)MMITTEE REPc_)RTS: COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2005-6: on CA 2005-4 Connuunication (b/b/2006) from Shaylene Isex2-Caxvalho, Community Assistance Committee ~"hair, requesting that the Admiiustration be present to provide a presentation on up- coming affordable housing projects (projects expected within the next two years). [Received for the record.] RESOLUTION: Resolution No. 2005-50, RESOLUTION APPOINTING A MEMBER TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Council appointee, At-Large position-Bill Dan DeCosta) Resolution No. 2005-51, RESOLUTION SUPP( )RTING THE CREATI( )N OF THE UNITED STATES DEPARTMENT OF PEACE BILLS FOR FIRST READING: Proposed Draft Bill No. 2113 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 8, IiAUA`I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING DESIGNATI(_)N AT IiUIiUI`ULA, IiAUA`I (Iiaua`i County Council, Applicant) (Defer~r~ed 08/11/2005) EYECUTIVE SESSI(_)N: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(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. §92-5(a). (Corufiderutial r-epor-ts oru file iati tltie Couitity Attontiey's nffi.ce aitid/or tltie Couitity Clerk's nffi.ce. Discussi.oitis ltield iati Executi.ue Sessi.oiti are closed to tltie publi.c.) Council Meeting Agenda 5 August 25, 2005 ES-190 Pursuant to Haw.Rev.Stat. ~~92-4 and 92-5(a)(4), the purpose of this executive session is to provide a Council briefing on the pending cases of Hanalei River Enterprises Inc., and Bali Hai Charters v. Planning Commission of the County of Kauai, et al., Civ. No. 05-425HG (CTnited States District Court) and associated matters. 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. 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. 2138 - AN ORDINANCE AMENDING ORDINANCE NO B-2005-633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA `I STATE OF HAF3'AI`I, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIt1~4TED IN THE BOND FUND ($1,191,000 Vidinha Stadiurra Rubberized Track) Bill No. 2140 - AN ORDINANCE AMENDL?VG THE FLOOD PLAINMANAGEMENT ORDINANCE, CHAPTER 1 S, ARTICLE 1, OF THE KAUAI COUNTY CODE 1987, TO ADOPT SPECIAL FLOOD HAZARD AREA REGULATIONS INACCORDANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM 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 NIEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.