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HomeMy WebLinkAbout2005-09-08 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, SEPTEMBER 8, 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: Special Council Meeting of August 17, 2005 Public Hearing of August 25, 2005, re: Bill No. 2138 Special Meeting of August 25, 2005 Public Hearing of September 1, 2005, re: Bill No. 2140 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) (Deferred 08/25/2005) C 2005-299 Commnunication (08/09/2005) from the Mayor, transmitting a resolution for Council consideration, to petition the Governor and the State Legislature to enact legislation that would require manufacturers to include denatonium benzoate in antifreeze rendering it unpalatable to pets and children by making it extremely bitter tasting. (See Resoluti.oiti No. 2005-52) Council Meeting Agenda 2 September 8, 2005 C 2005-800 Communication (08/24/2005) from C'ouncilmember Mel Rapozo, transmitting for Council consideration, a resolution supporting the Kyoto Protocol, an international agreement to address climate disruption and the U.S. Mayors (~'limate Protection Agreement, an agreement endorsed by the U.S. (~'onference of Mayors supporting the Iiyoto Protocol and the (~'limate Stewardship Act. (See Resolution No. 2005-53) (~' 2005-301 (~'ormnunication (08/26/2005) from the Director of Finance, transmitting for (~'ouncil consideration, a bill authorizing the issuance and sale of general obligation bonds to fund all or a portion of certain capital improvements and to refund all or a portion of various prior bonds of the (~'ounty. (See Proposed Draft Bill No. 2141) C 2005-302 Communication (08/31/2005) from C'ouncilmember Jay Furfaro, transmitting for Council consideration, a proposed bill to increase the basic homeowner's exemption amount to $60,000. (See Proposed Dr~cift Bill No. 2142) C 2005-803 Communication (08/12/2005) from the Director of Planning, transmitting the Planning Commission's recommendation to approve the zoning designation of approximately Z8.5 acres at `Ele`ele and Wahiawa (`Ele`ele Project) from Agriculture District (A) to Residential District (R-10) and Neighborhood Commercial District (CN). (A & B Properties, Inc., Applicant) (Peti.ti.ori, Stciff Report, and Public Heariarg Miarutes of May 24, 2005, artid June 28, 2005 are on file iar fire County Clerk's nffi.ce.) (See Proposed Draft Bill No. 2143) (~' 2005-304 (~'ormnunication (08/10/2005) from Ryan Nishikawa, (~'hief of Field )perations and Maintenance, Department of Public Works, transmitting for (~'ouncil approval, the Island Wide Resurfacing list for Fiscal Year 2006. (~' 2005-305 (~'ormnunication (08/10/2005) from the (~'hief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of July. Council Meeting Agenda 8 September 8, 2005 C 2005-806 Communication (08/15/2005) from the Accounting Systems Administrator, transmitting for Council information, the annual certified physical inventory reports for fiscal year ending June 80, 2005. (Reports oru file tiro the Couruty Clerk's Office) (~' 2005-307 Oormnunication (08/17/2005) from the Director of Finance, informing the Oouncil of a Transfer of Funds which transfers $330,650.00 from the Oollective Bargaining and Other Raises account to the Iiaua`i Police Department's Overtime account, to cover the department's budget overruns in Fiscal Year 2004-2005. (~' 2005-308 Oormnunication (08/17/2005) from the Manager and (~'hief Engineer, Department of Water, transmitting for Oouncil information, the Department of Water's C~luarterly Financial Report as of June 30, 2005. (Reports on file iar fire County Clerk's Office) C 2005-309 Communication (08/18/2005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the months of June and July 2005. C 2005-310 Communication (09/01/2005) from C'ouncilmember Shaylene Iseri- Carvalho, declaring a possible conflict of interest on C 2005-807 because of her criminal law practice. C 2005-311 Communication (07/30/2005) from the Executive on Housing, transmitting for Council review and approval, the summary of the proposed policy for the Buyback Leasehold Program and schedule illustrating the limited equity increase of interest accrual over the term of the lease, which represents a significant change from the 10-year buyback deed restriction currently used for the resale of buyback units. (~' 2005-312 Commnunication (08/25/2005) from the Executive on Housing, requesting Council approval to sell a 55-year leasehold interest in the property located at 140 Loloa Place, Iiapa`a, Hawaii for $257,300.00 under an Agreement of Sale, and to authorize the County Clerk to sign documents related to this transaction. Council Meeting Agenda 4 September 8, 2005 C 2005-313 Communication (08/15/2005) from the Mayor, requesting Council approval to accept a donation by Josephine Ukuno, of a house for the Adolescent Residential Treatment Facility. (~' 2005-318 (~'oimnunication (09/02/2005) from (~'ouncilmember JoAiui A. Yukimura, transmitting for (~'ouncil consideration, a resolution in support of the victims of Hurricane Iiatrina. (See Resoluti.outi No. ?005-54) (~' 2005-319 (~'oimnunication (09/02/2005) from (~'ouncilmember JoAiui A. Yukimura, transmitting for (~'ouncil consideration, a bill adding a new section, Sec. 5A-9.5, dedicating property not to be sold for ten (10) years as it relates to real property taxes. (See Proposed Draft Bill No. ?144) C 2005-820 Communication (09/02/2005) from the Council Chair, transmitting for Council consideration, four (4) proposed amendments to Chapter 5A, Kaua`i County Code 1987, relating to real property taxes: 1. Long Term Affordable Rental 2. Circuit Breaker Ordinance 8. Permanent Home Use 4. Additional Income Exemption (See Proposed Draft Bills Nos. 2145, 2146, 2147 crud 2148) CLAIMS: C 2005-314 Communication (08/16/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Evelina Palmeira, for damages to her vehicle, pursuant to Section 23.06, (~'harter of the (~'ounty of I~aua`i. (~' 2005-315 (~'oimnunication (08/16/2005) from the (~'ounty (~'lerk, transmitting a claim filed against the (~'ounty of Iiaua`i by Beverly H.S.L.A. Muraoka, for damages to her vehicle, pursuant to Section 23.06, (~'harter of the (~'ounty of Iiaua`i. (~' 2005-316 (~'oimnunication (08/17/2005) from the (~'ounty (~'lerk, transmitting a claim filed against the (~'ounty of Iiaua`i by Ainby (~'ruz, for damages to his vehicle, pursuant to Section 23.06, (~'harter of the (~'ounty of I~aua`i. Council Meeting Agenda 5 September 8, 2005 C 2005-317 Communication (08/23/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by American National Property and Casualty Company, as subrogee of Nhat Cao, for their insured's medical bills, pursuant to Section 23.06, Oharter of the County of I~aua`i. COMMITTEE REPORTS: CR-CA 2005-7: on CA 2005-5 Communication (8/22/2005) from Shaylene Iseri- Caivalho, Community Assistance Committee Chair, requesting that the Administration be present to update the Committee on various issues relating to housing. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-6: on C 2005-Z85 Communication (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. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2005-13: on Bill No. 'Z 138 AN ORDINANCE AMENDING ORDINANCE NO B-2005-633 AS AMENDED, RELATING TU THE CAPITAL BUDGET OF THE COUNTY OF hAUA`I STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND FUND ($1,191,000 Vidinha Stadium Rubberized Track) [Approved.] Council Meeting Agenda CR-PPW 2005-14: on Bill No. 'Z 140 G September 8, 2005 AN ORDINANCE AMENDING THE FLUUD PLAIN MANAGEMENT ORDINANCE, CHAPTER 15, ARTICLE 1, OF THE hAUAI COUNTY CODE 1987, TO ADOPT SPECIAL FLUUD HAZARD AREA REGULATIONS IN ACCORDANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM [Approved as amended.] RESOLUTIONS: Resolution No. 2005-51, Draft 1, RES(_)LUTI(_)N SUPP(_)RTING THE CREATI(_)N OF THE UNITED STATES DEPARTMENT OF PEACE (Defer~r~ed 8/25/2005) Resolution No. 2005-52, RES(_)LUTI(_)N RELATING T(_) ANTIFREEZE Resolution No. 2005-58, RES(_)LUTI(_)N SUPP(_)RTING THE h'Y UTU PR( )TOCOL AND THE U.S. MAY( )RS CLIMATE PR( )TECTI( )N AGREEMENT Resolution No. 2005-54, RESOLUTI( )N IN SUPP( )RT OF VICTIMS OF HURRICANE IiATRINA BILLS FOR FIRST READING: Proposed Draft Bill No. 2113 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 8, I~AUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION AT I~UI~UI`ULA, I~AUA`I (I~aua`i County Council, Applicant) (Deferred 08/25/2005) Proposed Draft Bill No. 2141 - AN ORDINANCE AUTH(_)RIZING THE ISSUANCE OF GENERAL OBLIGATION Bc_)NDS OF THE Cc_)UNTY OF IiAUA`I Fc_)R THE PURPc_)SE OF FINANCING CERTAIN CAPITAL PUBLIC IMPRc_)VEMENTS AND REFUNDING CERTAIN PRIc_)R Bc_)NDS OF THE Cc_)UNTY; FIYING UR AUTHc_)RIZING THE FIYING OF THE Fc_)RM, DENc_)MINATIc_)NS, AND CERTAIN OTHER DETAILS OF SUCH Bc_)NDS AND PRc_)VIDING Fc_)R THE SALE OF SUCH Bc_)NDS Tc_) THE PUBLIC Proposed Draft Bill No. 2142 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 5A, IiAUA`I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) THE Hc_)ME EYEMPTIc_)N Council Meeting Agenda 7 September 8, 2005 Proposed Draft Bill No. 2143 - A BILL F(_)R AN URDINANCE AMENDING CHAPTER 8, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING DESIGNATI(_)N IN 'ELE'ELE, IiAUA'I (A & B Properties, Inc., Applicant) Proposed Draft Bill No. 2144 - A BILL F( )R AN ORDINANCE ADDING A NEW SECTI( )N TO CHAPTER 5A, I~AUA`I COUNTY CODE 1987, RELATING T( DEDICATI( )N OF REAL PR( )PERTY N( )T TO BE SOLD FOR TEN YEARS Proposed Draft Bill No. 2145 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 5A, I~AUA`I COUNTY CODE 1987, RELATING TO LIMITATI( )N OF TAXES ON PR( )PERTY USED F( )R L( )Nc x TERM AFF( )RDABLE RENTAL Proposed Draft Bill No. 2146 - A BILL F( )R AN ORDINANCE AMENDING SECTION 5A-11.4(e), RELATING TO REAL PR( )PERTY TAXATI( )N Proposed Draft Bill No. 2147 - A BILL F(_)R AN URDINANCE AMENDING CHAPTER 5A, IiAUA'I Cc_)UNTY Cc_)DE, 1987, RELATING Tc_) TAX RELIEF Fc_)R RESIDENTIAL Hc_)MEc_)WNERS Proposed Draft Bill No. 2148 - A BILL F(_)R AN URDINANCE AMENDING SECTIc_)N 5A-11.4(d), RELATING Tc_) REAL PRc_)PERTY TAXATIc_)N BILLS Fc_)R SECc_)ND READING: Bill No. 'Z 138 - AN ORDINANCE AMENDING ORDINANCE NO B-Z005- 633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IiAUA`I STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND FUND ($1,191,000 Vidinha Stadium RuUUerized Track) (The Parks & Public Works Committee recommended approval ori 09/01/2005) Bill No. 'Z 140, Draft 1 - AN ORDINANCE AMENDING THE FLOOD PLAIN MANAGEMENT ORDINANCE, CHAPTER 15, ARTICLE 1, OF THE KAUAI COUNTY CODE 1987, TO ADOPT SPECIAL FLOOD HAZARD AREA REGULATIONS IN ACCORDANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM (The Parlcs & Public Worlcs Committee recommended approval as amended on 09/01/2005) Council 112eeting Agenda 8 September 8, 2005 EXECUTIVE SESSION: Pursuant to Haw. 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. X92-4 and shall be limited to those items described in H.R.S. §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions Held in ExecutiUe Session are closed to the public.) ADJC>UR.NMENT. 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. 2139 - A BILL. FOR A,V ORL>II~iNCE TO ESTABLISH A NEW CH4PTER 26, KAUAI COUNTY CODE 1987, RELATING TO SPECIAL LtiIPROLE'R~ENT FL~VAIVC.'I.~V'Ci BY CC~~1L1~17.rNITY FACILITIES DISTRICTS 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.