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HomeMy WebLinkAbout2005-10-06 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, OCTOBER 6, 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: Public Hearing of September 22, 2005 re: Bill No. 2141, Bill No. 2142, Bill No. 2144, Bill No. 2145, Bill No. 2146, Bill No. 2147, and Bill No. 2148 COMMUNICATIONS: C 2005-838 Communication (8/24/2005) from the Planning Director, transmitting the Planning Commission's recommendation to amend Proposed Draft Bill No. 2128, relating to development standards within Resort Districts. (See Proposed Drcift Bill No. 2128 cirad Proposed Drcift Bill No. 2150) C 2005-839 Communication (8/24/2005) from the Planning Director, transmitting the Planning Commission's recommendation to amend Proposed Draft Bill No. 2129, relating to public access ways within subdivisions. (See Proposed Drcift Bill No. 2129 cirad Proposed Drcift Bill No. 2151) C 2005-340 Commnunication (9/14/2005) from the Planning Director, transmitting the Planning Commission's recommnendation to amend Proposed Draft Bill No. 2132, relating to standards for subdivisions. (See Proposed Draft Bill No. 2132 and Proposed Draft Bill No. 2152) C 2005-341 Commnunication (9/15/2005) from the Council Chair, requesting Council consideration of a resolution authorizing a Memorandum of Understanding with the State Department of Budget and Finance, Council Meeting Agenda 2 October 6, 2005 to enable the County to participate in the Retiree Drug Subsidy Program. (See Resoheti.orr No. 2005-56) C 2005-342 Communication (9/19/2005) from C'ouncilmembers Tokioka and Kaneshiro, requesting Council consideration to exempt the liquid fuel tax for the period January 1, 2006 through June 80, 2006. (See Resolutioru No. 2005-57 cirud Proposed Dr~cift Bill No. 2153) (~' 2005-343 Oormnunication (9/20/2005) from Troy Tanigawa, Solid Waste Program Administrative Officer, transmitting the Island Recycling, Inc., monthly report for August 2005. (~' 2005-344 Oormnunication (9/16/2005) from Oouncihnember Yukimura, requesting Oouncil consideration in urging support of the complete and permanent protection of the Northwest Hawaiian Islands. (See Resolution No. 2005-58) (~' 2005-345 Oormnunication (9/14/2005) from the (~'hief of Police, informing the Council of their intent to purchase 9 new police vehicles with complete police markings, visible blue lighting systems, and emergency equipment, and 5 new police vehicles with limited police markings, secreted blue lighting systems, and emergency equipment in FY 2005-2006. C 2005-346 Communication (9/16/2005) from Mayor Baptiste, requesting Council approval to receive and expend federal funds in the amount of $883,000 to purchase various equipment for the proposed Adolescent Residential Treatment Facility on Kauai. C 2005-347 Communication (9/8/2005) from Wallace Iiudo, Chief, Engineering Division, requesting Oouncil approval to start negotiations with the affected landowner to correct a roadway encroachment on Wawae Road, which may include a land exchange and purchase. (~' 2005-348 Oormnunication (9/23/2005) from the Prosecuting Attorney, requesting Oouncil approval to receive and expend au additional $10,840 in federal funds from the State of Hawaii )ffice of Youth Services, through the Juvenile Accountability Block (xrant, to extend the Iiaua`i Teen Oourt Program contract through June 30, 2006. Council Meeting Agenda 8 October 6, 2005 C 2005-849 Communication from C'ouncilmember Iseri-Carvalho, declaring a possible conflict of interest on the Police Department's vehicles purchase and the Prosecuting Attorney's Office Kauai Teen Court Program, because of her criminal law practice. C 2005-350 Communication (9/1/2005) from C'ouncilmember Rapozo, requesting Mr. Robert Crowell of the Department of Transportation Harbors Division-Kauai Office to provide an update on the situation of cruise ships at Nawiliwili. (~' 2005-351 Request (09/21/2005) from the Office of the County Attorney requesting approval to expend up to $30,000 for special counsel's continued advice and representation in Carl Raeasa, et al. vs. County of Iiaua`i, et al., Civil No. 03-00540 SPIT/BMIi (U.S. District Court, District of Hawaii) and associated matters. CLAIMS: C 2005-352 Commnunication (9/19/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Iiaua`i by Richard Scheffer for personal injuries, pursuant to Section 28.06, Charter of the County of Kauai. C 2005-353 Communication (09/21/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Tim McDaniel for damages to his vehicle, pursuant to Section 28.06, Charter of the County of Kauai. C 2005-354 Communication (9/23/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Laverne Bishop for damages to her personal property, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 2005-9: on F/IGR 2005-1 Communication (9/23/2005) fiom Daxyl W. I~aneshiro, Finance/Intergovernmental Relations Committee ~"hair, requesting the Admiiustration's presence to chscuss Bill No. 2139, Relating to Community Facilities Districts (~"FD's). [Received for the record.] Council Meeting Agenda CR-F/IGR 2005-10: on F/IGR 2005-2 4 October G, 2005 Connuuiucation (ll9/23/2llll5) from Jay Furfaro, Councilmember, transmitting for Council information, a potential conflict of interest on Bill Nos. 2142, 2144, 2145, 2146, 2117, and 2143 because he owns real property in the County of Iiaua'i, and is the representative of a large landowner whose real estate inventory includes 4,000 acres in the conservation clistx2ct; and F/IGR 2005-3 Communication (09/23/2005) from Daryl Iianeshiro, Councilmember, transmitting for Council information, a potential conflict of interest on Bill Nos. 2142, 2144, 2145, 2146, 2147, and 214b because he owns real property in the County of I~aua'i; and F/IGR 2005-4 Connuuiucation (09/23/2006) from Bill "Kaipd' Asing, Council ~"hair, transmitting for Council information, a potential conflict of interest on Bill Nos. 2142, 2144, 2146, 2146, 2147, and 2143 because he owns real property in the County of I~aua'i; and F/IGR 2005-5 Communication (09/23/2005) from Mel Rapozo, Councilmember, transmitting for Council information, a potential conflict of interest on Bill Nos. 2142, 2144, 2145, 2146, 2147, and 214b because he owns real property in the County of Iiaua'i; and a11d F/IGR 2005-6 Communication (09/23/2005) from JoAnn A. Yukimura, Councilmember, transmitting for Council information, a potential conflict of interest on Bill Nos. 2142, 2144, 2146, 2146, 2147, and 2145 because she owns real property in the County of I~aua'i. [Received for the record.] CR-F/IGR 2005-11: on Bill No. 2141 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF IiAUA'I FUR. THE PTJRPUSE OF FINANCING CERTAIN CAPITAL PTJBLIC IMPRU~'EMENTS AND REFUNDING CERTAIN PRIOR BUNDS OF THE CUTJNTY; FINING UR ATJTHURIZING THE FINING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER. DETAILS OF SUCH BUNDS AND PRU~'IDING FUR THE SALE OF SUCH BUNDS TU THE PUBLIC [Approved as amended.] Council Meeting Agenda CR-F/IGR 2005-12: on Bill No. 2144 5 October 6, 2005 A BILL FUR. AN ORDINANCE ADDING A NEW SECTION TO CHAPTER 5A, KATJA`I COUNTY CODE 1937, RELATING TU DEDICATION OF REAL PROPERTY NOT TO BE SOLD FOR TEN YEARS [Received for the record.] CR-F/IGR 2005-13: on Bill No. 2145 A BILL FUR. AN ORDINANCE AMENDING CHAPTER. 6A, IiAUA'I COUNTY CODE 1937, RELATING TU LIMITATION OF TA.~S ON PROPERTY TJSED FOR LONG TERMAFFURDABLE RENTAL [Approved as amended.] CR-F/IGR 2005-14: on Bill No. 2146 A BILL FUR. AN ORDINANCE AMENDING SECTIUN 6A-11.4(e), RELATING TU REAL PROPERTY TAXATION [Approved as amended.] CR-F/IGR 2005-15: on Bill No. 2147 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KATJA`I COTJNTY CODE, 1537, RELATING TO TA.Y RELIEF FOR RESIDENTIAL HOMEOWNERS [Approved as amended.] CR-F/IGR 2005-16: on Bill No. 2148 A BILL FOR AN ORDINANCE AMENDING SECTIUN 6A-11.4(d), RELATING TU REAL PROPERTY TA.YATION [Approved as amended.] ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-8: on C 2005-307 Connuuiucation (03/17/2006) from the Director of Finance, informing the Council of a Transfer of Funds which transfers $330,660.00 from the Collective Baxgaiiung and Other Raises account to the Iiaua'i Police Department's Overtime account, to cover the department's budget ovex~-uns in Fiscal Year 2004-2006. [Received for the record.] COMMITTEE OF THE WHOLE REPORT: CR-W 2005-13: on W 2005-2 Connnunication (9/14/2006) from Bill "Kaipd' Asing, Council Chair and James Iiunane Tokioka, Council Vice- Chair, informing the Council that beginning October ~3, 2005 all Council meetings will start at 5:00 a.m. due to the voluminous issues appeax2ng on the Council meeting agendas and to minimize overtime costs on Council meeting days. [Received for the record.] Council Meeting Agenda G October G, 2005 RESOLUTIONS: Resolution No. 2005-5G, RES(_)LUTI(_)N AUTH(_)RIZING THE C(_)UNTY OF IiAUA'I Tc_) ENTER INTc_) A MEMc_)RANDUM OF UNDERSTANDING WITH THE STATE OF HAWAII DEPARTMENT OF BUDGET AND FINANCE, PURSUANT Tc_) HRS 4G-7, Tc_) Cc_)c_)RDINATE THE APPLICATIc_)N Tc_) THE CENTER Fc_)R MEDICARE AND MEDICAID SERVICES Tc_) RECEIVE THE RETIREE DRUG SUBSIDY Resolution No. 2005-57, RESOLUTION DETERMINING THE COUNTY OF I~AUA`I FUEL TAX RATE AND REPEALING RESOLUTI( )N N( ). 2004-06, DRAFT 2 Resolution No. 2005-58, URGING THE GOVERN( )R OF THE STATE OF HAWAII AND THE UNITED STATES CONGRESS TO SUPP( )RT THE COMPLETE AND PERMANENT PR( )TECTI( )N OF THE N( )RTHWESTERN HAWAIIAN ISLANDS BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2128 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 8, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) PUBLIC ACCESS WAYS (Referred to the Plaruruirug Com.missioru 3/31 /05) Proposed Draft Bill No. 2129 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) PUBLIC ACCESS-WAYS (Referred to the Plcirarai.rrg Commissi.orr 3/31 /05) Proposed Draft Bill No. 2132 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9, I~AUA`I COUNTY CODE 1987, AS AMENDED, RELATING T( SUBDIVISIONS (Referred to fire Planniarg Commission 4/14/05) Proposed Draft Bill No. 2150 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 4, I~AUA`I COUNTY CODE 1987, RELATING T( DEVEL( )PMENT STANDARDS WITHIN THE RESORT DISTRICT (Planniarg Commission Recommendation; see Proposed Draft Bill No. 2128) Council Meeting Agenda 7 October G, 2005 Proposed Draft Bill No. 2151 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) PUBLIC ACCESS-WAYS (Plciruruirug Com.m.issioru Recom.m.erudcitioru; see Proposed Drcift Bill No. 2129) Proposed Draft Bill No. 2152 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, I~AUA`I COUNTY CODE 1987, AS AMENDED RELATING T( SUBDIVISIONS (Planniarg Commission Recommendation, see Proposed Draft Bill No. 2132) Proposed Draft Bill No. 2153 - A BILL F( )R AN ORDINANCE TO AMEND SECTION 5-1.1, I~AUA`I COUNTY CODE 1987, AS AMENDED, RELATING T( THE COUNTY FUEL TAX BILLS FOR SECOND READING: Bill No. 2141, Draft 1 - AN ORDINANCE AUTHORIZING THE ISSUANCE )F GENERAL OBLIGATI( )N BONDS OF THE COUNTY OF I~AUA`I FOR THE PURPc_)SE OF FINANCING CERTAIN CAPITAL PUBLIC IMPRc_)VEMENTS AND REFUNDING CERTAIN PRIc_)R Bc_)NDS OF THE Cc_)UNTY; FIXING UR AUTHc_)RIZING THE FIXING 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 (See Committee Report No. CR-F/IGR-2005-11) Bill No. 2144 - A BILL F(_)R AN ORDINANCE ADDING A NEW SECTI(_)N Tc_) CHAPTER 5A, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) DEDICATIc_)N OF REAL PRc_)PERTY Nc_)T Tc_) BE Sc_)LD Fc_)R TEN YEARS (See Committee Report No. CR-F/IGR-2005-12) Bill No. 2145, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x 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 (See Committee Report No. CR-F/IGR-2005-13) Bill No. 2146, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x SECTION 5A-11.4(e), RELATING TO REAL PR( )PERTY TAXATI( )N (See Committee Report No. CR-F/IGR-2005-14) Council Meeting Agenda 8 October 6, 2005 Bill No. 2147, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE, 1987, RELATING TO TAX RELIEF FOR RESIDENTIAL HOMEOWNERS (See Committee Report No. CR-F/fGR-2005-15) Bill No. 2148, Draft 1 - A BILL FOR AN ORDINANCE AMENDING SECTION 5A-11.4(d), RELATING TO REAL PROPERTY TAXATION (See Committee Report No. CR-F/fGR-2005-16) 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. X92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in EtiecactiUe 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. 2113 -A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA `I COUNTY CODE 1987, RELATING TO ZONING DESIGNATIONAT KUKUI `ULA, K4UA `I (Kaua `i County Council, Applicant) Bill No. 2143 - A B1LL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA `I COU11rlY CODE 1987, RELATING TO ZONING DESIGNATION IN BLE `ELE, KAUA `I (A & B Properties, Inc., Applicant) 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 incompliance 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.