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HomeMy WebLinkAbout2005-11-03 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, NOVEMBER 3, 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: Regular Meeting of October 6, 2005 Public Hearing of October 20, 2005, re: Bill No. 2149 C(_)MMUNICATI(_)NS: C 2005-868 Communication (10/05/2005) from the Chief, Department of Public Works, transmitting f traffic resolution establishing a school bus shoulder of Iiamalu Road, approximately centerline intersection with Heamoi Place. 2005-59) Engineering Division, ~r Council approval, a stop on the westerly 40 feet south of its (See Resoheti.orr No. C 2005-869 Communication (10/10/2005) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution establishing parking restrictions along a portion of Puree Road. (See Resolution No. 2005-60) C 2005-370 Commnunication (10/04/2005) from the Chief of Police, requesting funding of two (2) Public Safety Worker (PSW) positions (#359 and #360) that were originally dollar funded, for seven (7) months, at $17,591 per position or $35,182 for the two (2) positions. (See Proposed Draft Bill No. 2157) Council Meeting Agenda 2 November 8, 2005 C 2005-371 Communication (10/14/2005) from James Iiunane Tokioka, Council Vice Chair and Daryl W. Kaneshiro, C'ouncilmember, transmitting for Council approval, two (2) budget amendment bills that are necessary clue to the reduction of the County's fuel tax rate being considered by the (~'ouncil. (See Proposed Draft Bills Nos. 2158 aitid 2159) (~' 2005-372 (~'oimnunication (09/30/2005) from the Executive on Housing, transmitting for (~'ouncil information, proposed amendments to the Section 8 Housing (~'hoice Voucher Program Administrative Rules. (Secti.oiti 8 Housiatig Cltioi.ce Coucltier Program Admiatiistrati.ue Rules, iaticludiatig proposed ameitidmeitits oiti file iati tltie Couitity Clerk's n f fi.ce. ) (~' 2005-373 (~'oimnunication (10/14/2005) from (~'harles A. Sted, President & (~'EO, Hawai`i Pacific Health, requesting to make a presentation at the November 8, 2005 Council meeting with the leadership of Wilcox Memorial Hospital and Kauai Medical Clinic, to share their commitment to collaborate with all of the health care providers on Kauai and to do their part in meeting the health care needs of Kaua`i's people. C 2005-874 Communication (10/29/2005) from the Mayor, transmitting for Council information, his response to Council Vice Chair James Kunane Tokioka and C'ouncilmember Daryl W. Kaneshiro, whether $1,200,000 is available in the General Fund unappropriated surplus, and his authorization to allow the Council to unilaterally introduce an appropriation bill to continue the FY 05-06 Island- wide Resurfacing Program, given the Council's intent to temporarily reduce the (~'ounty's fuel tax rate by $0.07 per gallon from its current $0.13 per gallon to $0.06 per gallon. (~' 2005-375 (~'oimnunication (09/16/2005) from the (~'hief, Building Division, Department of Public Works, requesting (~'ouncil approval to use $128,600 of the Building Division's Repair and Maintenance Projects operating funds, plus 10% for construction management, and 5% for contingencies, to complete the South and West Shore (~'ounty Facilities ADA Improvements, Bid Document No. 2701, which completes the Transition Plan that was prepared for compliance with the Montgomery (~'onsent Decree. Council Meeting Agenda 8 November 8, 2005 C 2005-376 Communication (10/03/2005) from the Chief of Police, requesting Council approval: 1. to send three (8) detectives to the 6th Annual Inter-County Detectives Training Seminar at the Waikoloa Beach Marriott Resort on October 26-28, 2005, which will focus on cold case homicides, legal issues involved with homicide investigations, forensic science and homicide investigations, and 2. to request, receive, and expend approximately $2,000 from the State Asset Forfeiture Program to cover their costs to attend this training seminar. C 2005-377 Commnunication (10/21/2005) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend federal fiords for the Domestic Violence Prosecution Unit in the amount of $47,475, and approval to indemnify the State of Hawaii, Department of the Attorney General, which will be used for salaries/wages and supplies of the Domestic Violence Prosecution Unit. C 2005-378 Communication (10/24/2005) from Daryl W. Iianeshiro, C'ouncilmember and Chair, Finance/Intergovernmental Relations Committee, transmitting for Council consideration, a bill amending Ordinance No. B 2005-683, relating to the FY 05-06 Capital Improvement Budget-Bond Fund, and is required pursuant to Ordinance No. 832 regarding the County's bond issuance. (See Proposed Dr~cift Bill No. 2160) C 2005-379 Communication (10/27/2005) from James Kunane Tokioka, Vice Chair and Hawaii State Association of Counties (HSAC) Representative, transmitting for Council consideration, legislative proposals for possible inclusion in the 2006 HSAC Legislative Package. CLAIMS: C 2005-380 Commnunication (10/19/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Iiaua`i by Rosaline Sonoda, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. Council Meeting Agenda 4 November 8, 2005 Cc_)MMITTEE REPc_)RTS: PARKS & PUBLIC WORKS COMMITTEE REPORT: CR-PL 2005-16: on Resolution No. 2005-48 RESULTJTIUN ESTABLISHING SPEED HTJMPS UN LANAI~ILA ROAD, KAWAIHATJ DISTRICT, CUUNTY OF IiAUA'I [Received for the record.] COMMITTEE OF THE WHOLE REPORT: CR-W 2005-14: on W 2005-8 RESOLUTIONS: Commuiucation (10/3/2000 from Robert Y. Watada, Executive D1rPgtUr, Campaign Spending Commission, requesting a meeting to thank the Council and to introduce the incoming Executive Director, Barbara TJphouse Wong and Paul I~uramoto, the new Commission Chair. [Received for the record.] Resolution No. 2005-59, RESOLUTI( )N ESTABLISHING A SCHOOL BUS STOP ON I~RALU R( )AD, KAWAIHAU DISTRICT, COUNTY OF KAUAI Resolution No. 2005-60, RESOLUTION ESTABLISHING NO PARKING AT ANY TIME AL( )NG A P( )RTION OF PUNEE R( )AD, I~( )LOA DISTRICT, Cc_)UNTY OF IiAUA'I BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2157 - AN ORDINANCE AMENDING ORDINANCE Nc_). B-2005-632 AS AMENDED, RELATING Tc_) THE OPERATING BUDGET Fc_)R THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII Fc_)R THE FISCAL YEAR JULY 1, 2005 THRc_)UGH JUNE 80, 2006, BY REVISING THE SURPLUS AND APPRc_)PRIATIc_)NS ESTIMATED IN THE GENERAL FUND (POLICE - $85,182) Proposed Draft Bill No. 2158 - AN ORDINANCE AMENDING ORDINANCE Nc_). B-2005-682 AS AMENDED, RELATING Tc_) THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2005 THR( )UGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPR( )PRIATI( )NS ESTIMATED IN THE HIGHWAY FUND (<$1,200,000>, Fuel Tax, Highway Fund Estimated Revenues & <$1,200,000>, Contribution to Highway Fuzed - CIP, Islandwide Resurfacing) Council Meeting Agenda 5 November 8, 2005 Proposed Draft Bill No. 2159 - AN URDINANCE AMENDING URDINANCE Nc_). B-2005-682 AS AMENDED, RELATING Tc_) THE OPERATING BUDGET OF THE Cc_)UNTY OF IiAUA`I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2005 THR( )UGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATI( )NS IN THE GENERAL FUND (CIP - $1,200,000, Islandwide Resurfacing Program) Proposed Draft Bill No. 2160 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2005-633, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2005 TO JUNE 30, 2006, BY REVISING THE REVENUES AND APPR( )PRIATI( )NS ESTIMATED IN THE BOND FUND - CIP EXECUTIVE SESSION: 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 tiro the Couruty Attor~rrey's Office cirud/or~ the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cir~e 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. (Deferred 10/20/2005) ES-196 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purposes of this executive session are for the Council to receive a briefing from the )ffice of the County Attorney and special counsel and consult with legal counsel for the purposes of deliberating and deciding on a proposed settlement. The briefing and consultation involves consideration of the powers, duties, privileges, irmnunities, and/or liabilities of the Council and the County as they relate to this agenda item. Council 112eeting Agenda 6 November 3, 2005 ES-197 Pursuant to Haw.Rev.Stat. ~~92-4, 92-5(a)(4){5)(6) and (8), and 92F- 13{1)-{3), the purpose of this executive session is to provide a Council briefing on personnel issues relating to the use of federal law enforcement grant funds within the Kauai Police Department and associated matters, and consultation with the County Attorney regarding the County's liabilities as they relate to this item. This involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJC>UR.NI-ZENT. NOTE: If the Council is not finished «~ith 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. Resolution No. 2005-57-RESOLUTIONDETERMINING THE COUNTY OF KAUA `IFUEL TAX RATEAND REPEALING RESOLUTIONNO. 2004-t16, DRAFT 2 Bill No. 2150 - A BILL. FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 4, KAUA `I COUNTY CODE 1987, RELATING TO DEVELOPIUIENT STANDARDS WITHIN THE RESORT DISTRICT Bill No. 2151-A BILL, FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUA `I COUNTY CODE 1987, RELATING TO PUBLICACCESS-WAYS Bill No. 2152 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUA `I COUNTY CODE 1987, AS AMENDED RELATI.~v'G TO SIIBDIVI,SIO.~v'.S' Bill No. 2153 - A BILL, FOR AN ORDINANCE TO AMEND SECTION 5-1.1, KAUA `I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY FUEL TAX 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.