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HomeMy WebLinkAbout2005-10-20 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, OCTOBER 20, 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 September 22, 2005 Public Hearing of October 6, 2005, re: Bills Nos. 2113 and 2143 C(_)MMUNICATI(_)NS: C 2005-355 Communication (10/06/2005) from the Elections Administrator, Uffice of the County Clerk transmitting for Council consideration, a bill amending Chapter 4 of the Iiaua`i County Code 1987, by adding a new Article 6, which streamlines and improves the process for managing recall petitions. (See Proposed Dr~cift Bill No. 2154) C 2005-356 Communication (10/06/2005) from the Elections Administrator, Uffice of the County Clerk transmitting for Council consideration, a bill amending Chapter 4 of the Iiaua`i County Code 1987, by adding a new Article 5, which streamlines and improves the process for managing charter amendment petitions. (See Proposed Draft Bill No. 2155) C 2005-357 Commnunication (10/06/2005) from the Elections Administrator, )ffice of the County Clerk, transmitting for Council consideration, a bill amending Chapter 4, Article 4 of the Iiaua`i County Code 1987, which streamlines and improves the process for managing initiative and referendum petitions. (See Proposed Draft Bill No. 2156) Council Meeting Agenda 2 October 20, 2005 C 2005-858 Communication (09/26/2005) from the Director of Finance, transmitting Financial Reports for the Months Ending July 81, 2005 and August 81, 2005. (Copi.es of Detailed Biedget Report (Listirug), Statem.erut of Reueruues-Estimated arud Actual (Listirug), Statement of Expenditures and Encumbrances (Listiarg), artid Reuenu.e Report (Listiarg), aa•e on file iar the County Clerk's Offi.ce). (~' 2005-359 Commnunication (10/03/2005) from Daryl Iianeshiro, Councihnember, declaring a potential conflict of interest on Bill No. 2153 and Resolution No. 2005-57, because of his employment with Iiaua`i Petroleum Company. (~' 2005-360 Commnunication (10/04/2005) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 05/06 1Gt C~luarter Statement of Equipment Purchases. (Report on file iar fire County Clerk's nffi.ce) C 2005-361 Communication (10/06/2005) from Jay Furfaro, C'ouncilmember, declaring a potential conflict of interest on Bill No. 2150, because he is the representative of the Princeville (_~~erating Company who owns the site of the Hanalei Plantation Hotel. C 2005-362 Communication (09/10/2005) from the Chief of Police, requesting Council approval to apply for, accept and upend a Byrne Justice Assistance Grant in the amount of $71,480.00, which will be used to purchase and implement a computer interface program that will enhance the current State Greenbox Booking system to include computerized booking of juveniles. C 2005-363 Commnunication (09/22/2005) from the Chief, Building Division, Department of Public Works, requesting Council approval: 1. to apply for, receive and spend $135,000 in FEMA funds for the development of anew wind design code, that would improve wind hazard mitigation by developing wind speed mapping that accounts for the impact of local topography on wind speeds, and 2. for acceptance of in-kind contributions by the County of Iiaua`i, the Structural Engineers Association of Hawaii, the Institute of Architects, and private sector hazard mitigation partners. Council Meeting Agenda 8 October 20, 2005 CLAIMS: C 2005-364 Communication (09/28/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Doininador Lopez, for injury, pursuant to Section 28.06, Charter of the County of Kauai. C 2005-365 Commnunication (09/29/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Iiaua`i by Donna A. Loo, for unpaid bills, pursuant to Section 23.06, Charter of the County of Kauai. C 2005-366 Commnunication (10/03/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Iiaua`i by Christopher A. Webster, for damages to personal property, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2005-367 Communication (10/04/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Estrelita C. Lopez, for injury to her dog, pursuant to Section 28.06, Charter of the County of Kauai. Cc_)MMITTEE REPc_)RTS: PLANNING COMMITTEE REPORTS: CR-PL 2005-9: on LEGAL DOCUMENT: C 2005-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 Iaua`i, a 75-acre lot (Lot Z6- A), New Seacliff Estates, LLC Kilauea, Hanalei, Iaua`i, Hawaii, and Z. Grant of Easement B from New Seacliff Estates, LLC, conveying to the Cormty of Kauai, Easement B, New Seacliff Estates, LLC at Kilauea, Hanalei, Iaua`i, Hawaii, for access and utility purposes. [Received for the record.] Council Meeting Agenda CR-PL 2005-10: on Bill No. 'Z 113 CR-PL 2005-11: on PL'Z005-4 BILLS Fc_)R FIRST READING: 4 October 20, 2005 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, IAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION AT IUIUI`CJLA, IAUA`I (Kaua`i County Council, Applicant) [Approved as amended.] Communication (8/'Z6/'Z005) from JoAnn A. Yukimura, Planning Committee Chair, requesting the presence of the Administration to give a quarterly update and status on all major projects curl-ently being undertaken by the Planning Department. [Received for the record.] Proposed Draft Bill No. 2154 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 4, I~AUA`I COUNTY CODE 1987, BY ADDING A NEW ARTICLE 6, RELATINGx TO RECALL PETITIONS Proposed Draft Bill No. 2155 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 4, I~AUA`I COUNTY CODE 1987, BY ADDING A NEW ARTICLE 5, RELATING x TO CHARTER AMENDMENT PETITI( )NS Proposed Draft Bill No. 2156 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4, I~AUA`I COUNTY CODE 1987, RELATING T( INITIATIVE AND REFERENDUM PETITI( )N BILL Fc_)R SECc_)ND READING: Bill No. 2113, Draft 1 - 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) (Tlre Plcirarai.rrg Committee r~ecommerrded cippr~oucil cis cimerrded ora 10-13-2005) (See Committee Report No. CR-PL-2005-10) Council 112eeting Agenda 5 October 20, 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.) ES-194 Pursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3}, and (4}; and 92F-14{b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it. concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment., or evaluation and which, pursuant. to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ADJOLTRN112ENT. 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. 2149 - A BILL, FOR AN ORDINANCE AMENDING SECTION 19-2.1 AND ADDING A NEW ARTICLE TO CHAPTER 19 OF THE KAUA `I COUNTY CODE 198."•. RELATING TO CAMPINGAT LYDGATE PARK 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.