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Home My WebLink About2005-11-17 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, NOVEMBER 17, 2005 1:00 P.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of October 20, 2005 Public Hearing of November 3, 2005: Re: Bill No. 2153 & Resolution No. 2005-57, Draft 1, and Bill No. 2150, Bill No. 2151, and Bill No. 2152 C(_)MMUNICATI(_)NS: C 2005-381 Communication (11/03/2005) from the Director, Office of Economic Development, transmitting for Council consideration, a bill for an ordinance establishing a new Article 5, Chapter 23, Kauai County Code 1987, relating to the creation of a "Kaua`i Made" designation for qualifying Kauai products. (See Proposed Dr~cift Bill No. 2161) C 2005-382 Communication (10/26/2005) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution deleting a school bus stop on Laule`a Street, and establishing school bus stops on Lilia Street and Akalei Street. (See Resolutionu No. 2005-61) C 2005-383 Commnunication (11/09/2005) from Councilmember JoAiui A. Yukimura, transmitting for Council review, consideration, and approval, a resolution requesting that the State Legislature authorize the State Department of Transportation, Harbors Division, to impose and collect fees on passenger cruise ships, including the Hawaii Superferry, to develop and fund drug and invasive species prevention interdiction. (See Resolution No. 2005-62) Council Meeting Agenda 2 November 17, 2005 C 2005-884 Communication (10/24/2005) from the Director of Finance, transmitting Financial Reports--Month Ending September 80, 2005. (Copies of Detailed Budget Report (Listirug), Statem.erut of Reueuues-Estimated and Actual (Listiarg), Statement of Expendi.tu.res acrd Encu.mbraarces (Listiarg), acrd Reuenu.e Report (Listiarg), are ou file iar fire County Clerk's nffi.ce). (~' 2005-385 Commnunication (10/14/2005) from the Council ('hair, requesting that the Administration be present at the November 17, 2005 Council meeting to provide au update on the Adolescent Residential Treatment Facility. (~' 2005-386 Commnunication (10/21/2005) from the Chief of Police requesting Council approval to accept a donation from Iiaua`i 200 to train and certify Traffic Safety Unit officers in the use of the Leica Total Stations and Mapscenes Pro, to be able to produce scaled diagrams for use in court. Training and software costs of $12,980.00 have been paid directly to Collision Forensic Solutions. C 2005-387 Communication (10/26/2005) from the Chief of Field (_~~erations and Maintenance, Department of Public Works, requesting Council approval to accept and upend Statewide Transportation Improvement Program funds (approximately $560,000) for the Koke`e Collector Road Resurfacing Project. C 2005-388 Request (11/08/2005) from the Ufflce of the County Attorney for authorization to upend up to $100,000 from the special counsel account, to engage outside counsel to serve as co-counsel in defending present and/or anticipated litigation against the County. C 2005-389 Commnunication (11/04/2005) from the Council Chair, requesting that the Administration be present at the November 17, 2005 Council meeting to brief the Council on the Solid Waste Project included in the recent bond float. Council Meeting Agenda 8 November 17, 2005 LEGAL DOCUMENT: C 2005-390 Grant of Easement from the County of Iiaua`i to Time Warner Telecom of Hawaii, L.P. dba Oceanic Communications on Tax Map Iiey No. (4) 3-9-002:004 for a non-exclusive easement of approximately 10 feet by 114 feet to construct, reconstruct, repair, maintain and operate underground fiber optic cable facilities and other equipment for the transmission and distribution of voice, data and video communications submitted for Council approval in communication (11/04/2005) by County Engineer Donald Fujimoto. CLAIMS: C 2005-391 Coimnunication (10/27/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by the State of Hawaii, Department of Transportation, for damages to personal property, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2005-392 Communication (11/04/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Robert (_). Blasingham, for damages to personal property, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2005-393 Communication (11/04/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by the State of Hawaii, Department of Transportation, for damages to personal property, pursuant to Section 28.06, Charter of the County of Iiaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 2005-17: on Bill No. 2139 A BILL FUR AN ORDINANCE TU ESTABLISH A NEW CHAPTER 26, KAiJA`I COiJNTY CODE 1957, RELATINU TU SPECIAL IMPRU~'EMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS [Approved as amended.] CR-F/IGR 2005-18: on Resolution No. 2006-67, Draft 1 RESOLiJTION DETERMININU THE COiJNTY OF KAiJA`I FUEL TAX RATE AND REPEALING RESOLUTION NU. 200-06, DRAFT 2 [Received for the record.] Council Meeting Agenda 4 November 17, 2005 CR-F/IGR 2005-19: on Bill No. 2165 A BILL FUR AN ORDINANCE TU AMEND SECTION 5-l.l, IiAUA'I CUUNTY CUDE 19b7, AS AMENDED, RELATING TU THE CUUNTY FUEL TAX [Received for the record.] CR-F/IGR 2005-20: on F/IGR 2006-7 Communication (10/7/2005) from Daxyl W. I~aneshiro, Finance/Intergovernmental Relations Committee Chair, requesting that the Administration be present to discuss the 2006 I~aua'i County Legislative Package proposals. [Received for the record.] PARKS & PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-16: on Resolution No. 2005-~5 RESOLTJTION ESTABLISHING SPEED HTJMPS UN LANAI~ILA ROAD, KAWAIHATJ DISTRICT, CUUNTY OF IiAUA'I [Received for the record.] (Defer~r~ed 11 /03/2005) PLANNING COMMITTEE REPORTS: CR-PL 2005-12: on PL 2005-6 CR-PL 2005-13: on Bill No. 2160 CR-PL 2005-14: on Bill No. 2151 CR-PL 2005-15: on Bill No. 2152 Communication (11/3/2005) from JoAnn A. Yukimura, Planning Committee Chair, requesting the presence of the Planning Du~ector to provide an update on projects currently undertaken by the Planning Department. [Received for the record.] A BILL FUR. AN URDINANCE TU AMEND CHAPTER. b, ARTICLE 4, IiAUA'I CUUNTY CUDE 19b7, RELATING TU DEVELOPMENT STANDARDS WITHIN THE RESORT DISTRICT [Referred to the full Council.] A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KATJA`I COTJNTY CODE 1957, RELATING TO PTJBLIC ACCESS-WAYS [Referred to the full Council.] A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KATJA`I COTJNTY CODE 1957, AS AMENDED RELATING TU SUBDIVISIONS [Referred to the full Council.] Council Meeting Agenda 5 November 17, 2005 RESULUTIUNS: Resolution No. 2005-57, Draft 1 - RES(_)LUTI(_)N DETERMINING THE COUNTY OF KAUAI FUEL TAX RATE AND REPEALING RESOLUTION N( ). 2004-06, DRAFT 2 (The Finance/Intergovernmental Relations Committee recommeitided recei.ue for tltie record oiti 11 /09/2005; see also CR-F/IGR 2005-18) Resolution No. 2005-48, RESOLUTION ESTABLISHING SPEED HUMPS )N LANAKILA R( )AD, KAWAIHAU DISTRICT, COUNTY OF KAUAI (Deferredll /03/2005) (Tltie Parks & Public IVorks Committee recommeitided recei.ue for tltie record oiti 10/2i/2005; see also CR-PPIV 2005-16) Resolution No. 2005-61, RESOLUTION AMENDING RESOLUTI( )N N( ). 35-85, DELETING A SCHOOL BUS STOP ON LAULE`A STREET AND ESTABLISHING SCHOOL BUS STOPS ON LILIA STREET AND AIiALEI STREET, KOLUA DISTRICT Resolution No. 2005-62, RES(_)LUTI(_)N RE(aUESTING THAT THE STATE LEGISLATURE AUTHc_)RIZE THE STATE DEPARTMENT OF TRANSPc_)RTATIc_)N, HARBc_)RS DIVISIc_)N, Tc_) IMPc_)SE AND Cc_)LLECT FEES UN PASSENGER CRUISE SHIPS, INCLUDING THE HAWAII SUPERFERRY, Tc_) DEVELc_)P AND FUND DRUG AND INVASIVE SPECIES PREVENTIc_)N INTERDICTIc_)N BILL Fc_)R FIRST READING: Proposed Draft Bill No. 2161 - A BILL F(_)R AN URDINANCE T(_) ESTABLISH A NEW ARTICLE 5, CHAPTER 23, KAUAI COUNTY CODE 1987 RELATING TO THE CREATI( )N OF A "KAUA`I MADE" DESIGNATION F( )R C~UALIFYING KAUAI PR( )DUCTS BILLS FOR SECOND READING: Bill No. 2139, Draft 1 - A BILL F( )R AN ORDINANCE TO ESTABLISH A NEW CHAPTER 26, KAUAI COUNTY CODE 1987, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS (Tltie Fiatiaitice/htitergoueritimeitital Relati.oitis Committee recommeitided approval as ameitided oiti 11 /09/2005; see also CR-F/IGR 2005-17) Council Meeting Agenda G November 17, 2005 Bill No. 2150 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 8, ARTICLE 4, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) DEVELc_)PMENT STANDARDS WITHIN THE RES(_)RT DISTRICT (Tlre Plcirarai.rrg Committee recommended r~efer~ to the fiell Coreraci.l ora 11 /09/2005; see cdso CR-PL 2005-13) Bill No. 2151 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9, I~AUA`I COUNTY CODE 1987, RELATING TO PUBLIC ACCESS-WAYS (The Planniarg Committee recommended refer to fire full Council orr, 11/09/2005; see also CR-PL 2005-14) Bill No. 2152 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9, I~AUA`I COUNTY CODE 1987, AS AMENDED RELATING TO SUBDIVISI( )NS (Tire Planniarg Committee recommertided refer to fire full Council orti 11 /09/2005; see also CR-PL 2005-15) Bill No. 2153 - A BILL F(_)R AN URDINANCE T(_) AMEND SECTI(_)N 5-1.1, IiAUA'I Cc_)UNTY Cc_)DE 1987, AS AMENDED, RELATING Tc_) THE Cc_)UNTY FUEL TAY (Tire Fi.racirace/Irrtergouerrrmerrtcd Relciti.orrs Committee recommended recei.ue for the record orr 11 /09/2005; see cdso CR-F/IGR 2005-19) 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). (Corufiderrtial reports orr file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held iar Executi.ue Sessi.orr are closed to fire publi.c.) 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 au 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 11 /03/2005) Council Meeting Agenda 7 November 17, 2005 ES-200 Pursuant to Haw.Rev.Stat. §§92-4, 92-5(x)(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 fiuidti within the Iiaua`i Police Department and atitiociated matterti, and contiultation with the Oounty Attorney regarding the Oounty'ti liabilitieti ati they relate to thiti item. Thiti involveti contiideration of the powerti, dutieti, privilegeti, immunitieti and/or liabilitieti of the Oouncil and the Oounty ati they relate to thiti agenda item. ADJOURNMENT. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANC~UAC~E 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, IiAUA`I. TELEPHONE NO. 241-6371.