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Home My WebLink About2005-12-01 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, DECEMBER 1, 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: Regular Meeting of November 3, 2005 Special Council Meeting of November 14, 2005 C(_)MMUNICATI(_)NS: C 2005-389 Communication (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. (Defer~r~ed 11 /17/2005) C 2005-894 Communication (11/03/2005) from Melvin Matsumura, Wastewater Division, Department of Public Works, transmitting for Council action, a resolution authorizing the use of SRF (State Water Pollution Control Revolving Fund) funds for the construction of certain Kauai County Wastewater Treatment Works projects. (See Resoluti.oiti No. ?005-63) C 2005-395 Commnunication (11/23/2005) from the Mayor, transmitting for Council confirmation, his appointment of Thomas M. Iannucci, First Term, to the County of Iiaua`i Police Commission. (See Resoluti.oiti No. ?005-64) Council Meeting Agenda 2 December 1, 2005 C 2005-896 Communication (11/08/2005) from the Mayor, transmitting for Council information, the Iiaua`i Humane Society's first quarter report for FY 2006 -July 1, 2005 -September 80, 2005, and a copy of their Financial Statement and Independent Auditor's Report for the years ending June 80, 2005 and 2004. (Reports ou file iar fire County Clerk's Offi.ce.) (~' 2005-397 Commnunication (11/08/2005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the months of September and October 2005. (~' 2005-398 Commnunication (11/09/2005) from the Director of Finance, transmitting Financial Reports--Month Ending October 81, 2005. (Copi.es of Detailed Budget Report (Listiarg), Statement of Reuenu.es- Esti.mated and Actual (Listiarg), Statement of Expenditures artid Erucumbrciruces (Listirug), cirud Reueruue Report (Listirug), cire oru file tiro the Coieraty Clerk's Office). C 2005-899 Communication (11/16/2005) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of September 80, 2005. (Reports oru file tiro the Couruty Clerk's office.) C 2005-400 Communication (10/25/2005) from the Chief of Police, requesting Council approval to accept a 1997 Toyota pick up truck, acquired through the Asset Forfeiture Program, which will be assigned to the evidence section to be used for the transportation of evidence and other law enforcement purposes, and will replace an existing evidence vehicle. C 2005-401 Request (11/25/2005) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to engage the services of John Iiomeiji, Esq. of Watanabe Ing &Iiomeiji LLP, to advise the County on its rights, privileges and irmnunities with regard to pending police-related claims against the County and the Iiaua`i Police Department and to advise the County on risk mitigation strategies and plans. Council Meeting Agenda 8 December 1, 2005 C 2005-405 Communication (11/25/2005) from the Council Chair, transmitting for Council action, a resolution to initiate a Section 8.17, Iiaua`i County Charter investigation of the Iiaua`i Police Department. (See Resolutioru No. 2005-65) CLAIMS: C 2005-402 Commnunication (10/24/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Anastacia A.L. Lopez, for emotional distress, pursuant to Section 23.06, Charter of the County of I~aua`i. C 2005-403 Commnunication (11/17/2005) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Stephen J. (xrant, for damages to his personal property, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2005-404 Communication (11/17/2005) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Danica Michel, for incidental medical costs and loss of wages relating to personal injuries, pursuant to Section 28.06, Charter of the County of Iiaua`i. Cc_)MMITTEE REPc_)RTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-21: on F/IGR 2006-s Communication (11/10/2005) from Daxyl W. I~aneshiro, F/h3R Committee Chair, transmitting the following proposals submitted by both the Administration and the Council to be included as part of the 2006 I~aua'i Council Legislative Package: 1) Pouli Road Improvements Qand acquisition and planning) 2) Highway Improvements to I~uhi6 Highway (construction of adclitional southbond lane) 3) Iiukui ula Sin all Boat Harbor (improvements) 4) Highway Improvements to Iiaumualii Highway (widening to four lanes) 6) State Parks (maintenance and enhancement) G) Counties: State Indemnification (SB 449, SD 1/HB 302) 7) Anti-Speculation Short-Term Capital l3ains Tax (SB 1353) b) Important Agricultural Lands-Amendment to Act lb3 to eliminate the "61°,'o Rule" 9) Important Agricultural Lands-Funding Bill for County Planning Departments Council Meeting Agenda 4 December 1, 2005 10) D(~T Harbors fees on Passenger ~"guise Ships for Drug Interchction/Invasive Species Prevention (Proposed Resolution No. 2006-62) [Approved as amended.] RESULUTIUNS: Resolution No. 2005-G8, RES(_)LUTI(_)N REPEALING RES(_)LUTI(_)N N(_). 2002-88 AND AUTH(_)RIZING THE MAY(_)R UR THE DIRECT(_)R OF FINANCE OF THE Cc_)UNTY OF IiAUA'I Tc_) RE(aUEST Fc_)R AND EYECUTE STATE WATER Pc_)LLUTIc_)N Cc_)NTRc_)L REVc_)LVING FUND Lc_)AN/GRANT APPLICATIc_)NS AND AGREEMENTS WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, Fc_)R THE Cc_)NSTRUCTIc_)N OF CERTAIN WASTEWATER TREATMENT WORIiS PR( )JECTS Resolution No. 2005-64, RESOLUTION CONFIRMING MAY( )RAL APP( )INTMENT TO THE POLICE COMMISSION (Thomas M. Iannucci, First Term) Resolution No. 2005-65, RESOLUTION ESTABLISHING A COUNCIL INVESTIGATING COMMITTEE TO INVESTIGATE THE I~AUA`I POLICE DEPARTMENT BILLS FOR SECOND READING: Bill No. 2150 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 8, ARTICLE 4, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) DEVELc_)PMENT STANDARDS WITHIN THE RES(_)RT DISTRICT (Defer~r~ed 11 /17/2005) Bill No. 2151 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, IiAUA'I C(_)UNTY C(_)DE 1987, RELATING T(_) PUBLIC ACCESS-WAYS (Defer~r~ed 11 /17/2005) Bill No. 2152 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 9, IiAUA'I Cc_)UNTY Cc_)DE 1987, AS AMENDED RELATING Tc_) SUBDIVISIc_)NS (Defer~r~ed 11 /17/2005) Council Meeting Agenda 5 December 1, 2005 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). (Coitifi.deititi.al reports oiti file iati tltie Couitity Attontiey's nffi.ce aitid/or tltie Couitity Clerk's nffi.ce. Discussi.oitis ltield iati Executi.ue Sessi.oiti are closed to tltie 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 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 11 /17/2005) ES-201 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 Uffice of the County Attorney and to consult with legal counsel on Bills No. 2150 and 2151. The briefings and consultation involve consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES-202 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purposes of this executive session are for the Oouncil to receive a briefing from the )ffice of the Oounty Attorney and to consult with legal counsel on Bill No. 2152. The briefings and consultation involve consideration of the powers, duties, privileges, immunities, and/or liabilities of the Oouncil and the Oounty as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 6 December 1, 2005 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. 2157 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET FOR THE COUNTY OF I~ 4UA`I, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIA~4TED IIV THE GENERAL FUND (POLICE - $35,182) Bill No. 2158 - AN ORDINANCE AMENDING ORDINANCE NO. 8-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY RETTISIIVG THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HIGHWAY FUND (<$1,200, 000>, Fuel Tax, Highway Fund Estimated Revemres & <$1,200, 000>, Contribution to Highway Fund - C1P, IslandwideResurfacing) Bill No. 2159 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS IN THE GENERAL FUND (CIP - $1,200, 000, Islandwide Resurfacing Program) Bill No. 2160 -AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 TO JUNE 30, 2006, BY REVISING THE REUENUESAND APPROPRIATIONS ESTIMATED IN THE BOND FUND - CIP Bill No. 2161 - A BILL, FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE S, CHAPTER 23, KAUA `I COUNTY CODE 1987 RELATING TO THE CREATION OF A "KAUA`I NI4DE" DESIGNATION FOR QUALIFYING KAUAI PRODUCTS 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.