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HomeMy WebLinkAbout2004-03-11 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, MARCH 11, 2004 1:00 P. M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Regular Meeting of February 1'Z, 'Z004 Public Hearing of February 1'Z, 'Z004, re: Resolution No. 'Z004-O1, and Bills Nos. 'Z095, 'Z061, and 'Z096 COMMUNICATIONS: C 'Z004-79 Communication (01/'Z7/'Z004) from the Planning Director, transmitting the Planning Commission's recommendations, relating to zoning amendments at Iukui`ula, Iaua`i. (Iukui`Ula Development Co. (Hawai`i), LLC, Applicant) (Application, Staff Report, and Public Hearings of October 24, 2003, November 25, 2003, and January 13, 2004 are on file in the County Clerk's Office.) (See Bill No. 2099) C'Z004-80 Communication (O1/'Z7/'Z004) from the Planning Director, transmitting the Planning Commission's recommendations, to repeal Ordinance No. PM-350-99, and to designate the entire 1,00'Z acre project site as a Visitor Destination Area (VDA) subject to the condition that the development of Time Share units be limited to the 106-acre resort core. (Kukui`Ula Development Co. (Hawai`i), LLC, Applicant) (Application, Staff Report, and Public Hearings of October 24, 2003, November 25, 2003, arid January 13, 2004 are ori file iri the County Cleric's Office) (See Bill No. 2100) Council Meeting Agenda Z March 11, 'Z004 C 'Z004-81 Communication (0'Z/ 18/'Z004) from Councihuember JoAnn A. Yukimura, transmitting for Council consideration, a resolution supporting the exclusion of sugar from trade negotiations and opposing the Central American Free Trade Agreement (CAFTA). (See Resolution No. 2004-18) C'Z004-8'Z Communication (0'Z/03/'Z004) from the Chief, Building Division, transmittuig the Monthly Report on Building Permit Information for the month of January. C'Z004-83 Communication (0'Z/1'Z/'Z004) from the Director of Personnel Services, transmitting for Council information, quarterly reports relative to vacancies, established positions, new hues, reallocations and promotions. (Confidential reports on file in the County Cleric's Office.) C 'Z004-84 Communication (0'Z/ 13/'Z004) from fire Solid Waste Program Administrator, submitting for Council information, the monthly reports from Island Recycling, Inc. for the months of December 2003 and January 'Z004. C 'Z004-85 Communication (0'Z/ 17/'Z004) from the Director of Finance, transmitting for Council information, the Iaua`i Humane Society's FY 'Z004 first and second quarter reports. C 'Z004-86 Communication (0'Z/ 18/'Z004) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of December 31, 'Z003. (Report on file in the County Cleric's Office.) C 'Z004-87 Communication (0'Z/ 19/'Z004) from fire Mayor, transmitting for Council information, his withdrawal of Curtis Tom's re- appointment to the Board of Water Supply fora '~~a term, as Mr. Tom will be relocating to Maui. C'Z004-88 Communication (0'Z/'Z6/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Roy Takatsuki to the County Building Board of Appeals, replacing Robby Rask as representative of fire building industry. Council Meeting Agenda 3 March 11, 2004 C 2004-89 Communication (O1/30/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Michael Fernandes, Z"~t term, to the County Board of Ethics. C 2004-90 Communication (O1/'Z7/Z004) from the Kauai War Memorial Convention Hall Manager & Ho`olokahi Coordinator, requesting Council approval of a $3,000 grant to the Ioloa Lions Club, to restore the "Welcome to Koloa" sign that was located on the Westside of Maluhia Road opposite Anne Knudsen Park. C 2004-91 Communication (O1/'Z7/Z004) from the Iaua`i War Memorial Convention Hall Manager & Ho`olokahi Coordinator, requesting Council approval of a $1,800 grant to the East Kauai Lions Club, to erect a new sign for the Lihu`e Neighborhood Center. C 2004-9'Z Communication (0'Z/03/Z004) from the Chief of Police, requesting Council approval to expend $11,000 from the Kauai Police Department's asset forfeiture account, to purchase a plotter, hand held data collector, software upgrade, and equipment to be used with a Nikon "Total Station", an instrument used to map crime scenes and produce scaled drawings, which may be used as evidence in court room presentations. C 2004-93 Communication (0'Z/06/Z004) from the Director, Offices of Community Assistance, requesting Council approval to apply for, receive and expend a $46,000 Food Service grant to provide breakfast, lunch, and snack meal service for children and teens enrolled in the 2004 Summer Enrichment and National Youth Sports Prograni, and indemnify the State of Hawaii, Department of Education Food Service Branch as additional insured in its agreement. C 2004-94 Communication (0'Z/06/Z004) from the Director, Offices of Community Assistance, requesting Council approval to apply for, receive, indemnify, and expend a $50,000 National Youth Sports Prograni grant, which will be used to provide teens (ages 13-17) with academic and sports skill instruction to improve their physical fitness and health habits. Council Meeting Agenda 4 March 11, 'Z004 C 'Z004-95 Communication (0'Z/ 11/'Z004) from the Chief, Operations and Constructions, Department of Public Works, requesting Council approval of the Fiscal Year 'Z004 road resurfacing list. C'Z004-96 Communication (0'Z/'ZO/'Z004) from the Chief, Operations and Constructions, Department of Public Works, requesting Council approval of a donation from Mr. Mike Hurtt, a part-time Hanalei resident, of approximately $1,'Z00 in landscaping work to beautify the Hanalei Maintenance Baseyard. LEGAL DOCUMENT: C 'Z004-97 Communication (0'Z/05/'Z004) from the Executive on Housing, recommending Council approval: 1. to amend the sewage treatment service fee br the third 60-month period of this 'ZO-year sewage treatment service agreement, for Pa`anau Development with Kukui`Ula South Shore Community Services, LLC, Z. to consent to the assignment of the Agreement from South Shore Community Services, Inc. to Iukui`LRa South Shore Community Services, LLC to recognize the transfer of the sewage treatment facility and its operation from A&B Properties, Inc. to Iukui`CTla Development Company (Hawai`i) LLC, and 3. to authorize the County Clerk to execute the Contract Amendment. COMMITTEE REPORTS: COMMITTEE OF THE WHOLE REPORT: CR-W 2004-3: on Resolution No. 'Z004-01 RESOLUTION PROPOSING A CHARTER AMENDMENT TO ALLOW MEMBERS OF BOARDS AND COMMISSIONS UNDER MAYOR- COLJNCIL APPOINTMENT PROCESS TO APPOINT MORE THAN ONE ADDITIONAL MEMBER [Referred to the Charter Review Commission.] Council Meeting Agenda 5 March 11, 2004 RESOLUTIONS: Resolution No. 2004-O1, RESOLUTION PROPOSING A CHARTER AMENDMENT TO ALLOW MEMBERS OF BOARDS AND COMMISSIONS UNDER MAYOR-COUNCIL APPOINTMENT PROCESS TO APPOINT MORE THAN ONE ADDITIONAL MEMBER (The Committee of the Whole recommended referring Resolution No. 2004-01 to the Charter Review Commission orr 03/ 04/2004. Resolution No. 2004-15, Draft 1, RESOLUTION REQUESTING THE ADMINISTRATION TO PURSUE THE ACQUISITION OF GOVERNMENT ROADS TO PRESERVE PUBLIC ACCESS (Deferred 02/12/2004) Resolution No. 2004-18, TRADE-DEAL EXCLUSION RESOLUTION SUPPORTING SUGAR BILLS FOR FIRST READING: Proposed Draft Bill No. 2099 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATIONS AT KUKUI`ULA, IiAUA`I; AND REPEALING ORDINANCE NO. PM-3Z3-95 AND ORDINANCE NO. PM-349-99 (Iuku`i`Ula Development Company (Hawai`i), LLC, Applicant) Proposed Draft Bill No. 'Z 100 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 17, IAUA`I COUNTY CODE 1987 RELATING TO VISITOR DESIGNATION AREA DESIGNATION AND REPEALING ORDINANCE NO. PM-350-99 FOR KUKU`I`ULA, IiAUA`I (Kuku~`Ula Development Company (Hawai`i), LLC, Applicant) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") ~9Z-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. ~9Z-4 and shall be limited to those items described in H.R.S. ~9Z-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) Council Meeting Agenda 6 March 11, 2004 ES-117 Pursuant to Haw. Rev. Stat ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel for purposes of requesting Council approval of a proposed settlement of a workers' compensation claim. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they refer to this agenda item. ES-118 Pursuant to Haw. Rev. Stat ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel for purposes of requesting Council approval of a proposed settlement of a workers' compensation claim. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they refer to this agenda item. ES-119 Pursuant to Haw.Rev.Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to retain special counsel to represent Ethan Sage in the case of Carl Ra~asa, et al. v. County of Iaua i, et al., Civ. No. 03-00540 SPIT/BMI. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the Cotmty as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 7 March 11, 2004 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 wi 11 reconvene to complete any unfinished business. Resolr~zzora No. ?004-06 - RESOLLzTION DETERPLINING THE COLzNTP OF FAIA7 FLzEL TAX RATE AND REPEALING RESOLIzTIONNO 22-99 R~oposed Draft Bi77 No. 209' A BILL FOR AN ORDINANCE TO AMEND SECTION 5-L I, P.4IA7 COI_zIJTP CODE 198', ASANIENDED, RELATING; TO THE COI zNTP FIzEL TAX R~oposed Draft Bi77 No. 2098 - A BILL FOR AN ORDINANCE ANIENDINCU ORDINANCE NO PM-244-91, ASANIENDED BP ORDINANCE NO PAL-286-94, ORDINANCE NO PAL-30'-95, _9ND ORDINANCE NO PAL-336-9', RELATING TO ZONING CONDITIONS ONPROPERTPINti9PA A, P.4IA7 lHo Enterrn~ises, Ltd., 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, uid filed in the Coiurty Clerk's t_iffice 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.