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HomeMy WebLinkAbout2004-12-16 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, DECEMBER 16, 2004 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Lihue, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Regular Meeting of November 4, 2004 Mid-Month Meeting of November 18, 2004 Inaugural Meeting of December 1, 2004 COMMUNICATIONS: CZ005-0'Z Communication (11/16/Z004) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution establishing a school bus stop on Iamalu Road. (See Resolution No. 2005-04) C 2005-03 Communication (11/08/Z004) from the Mayor, transmitting for Council consideration, a collective bargaining agreement for UPW Bargaining Unit I cost items for the period July 1, 2003 and June 30, 2005. (See Proposed Draft Bill No. 2111) C 2005-04 Communication (11/'Z3/Z004) from Eric Inouye, IT Analyst, requesting Council approval of a $Z70,97Z appropriation, to supplement the IT software/training budget for acounty-wide improvement project. (See Proposed Draft Bill No. 2112) Council Meeting Agenda Z December 16, 2004 C 2005-05 Communication (1'Z/03/Z004) from Councihuember JoAnn A. Yukimura, transmitting for Council consideration, an aniendment to Zoning Map ZM-KU 300 (Lawa`i - Kukui`ula) to clearly designate TMI's: 'Z-6-04: 11, 18, and 63 as within the R-'ZO Residential District (Kaua`i County Council, Applicant). (See Proposed Draft Bill No. 2113) C 2005-06 Communication (1'Z/03/Z004) from Councilmember Jay Furfaro, transmitting for Council review and consideration, a $25,345 reimbursement to the Public Access, Open Space, Natural Resources Preservation Fund from the unappropriated surplus of the General Fund. (See Proposed Draft Bill No. 2114) C 2005-07 Communication (10/'Z8/Z004) from the Purchasing & Assistant Contracts Administrator, transmitting for Council infoiluation, the list of emergency equipment purchases ($237,836.61, tax not included) for the Wailua Golf Course. C 2005-08 Communication (11/05/2004) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the list of emergency equipment purchases ($13,185.75) for the Wailua Golf Course. C 2005-09 Communication (11/08/2004) from the Mayor, transmitting for Council information his appointment of Anne Elizabeth McKenna to the Committee on the Status of Women for a first term of two years. C 2005-10 Communication (11/09/2004) from the Director of Personnel Services, transmitting for Council information, quarterly reports relative to vacancies, established positions, new hires, reallocations and promotions. (Confidential reports on file in the County Clerk's Office.) Council Meeting Agenda 3 December 16, 2004 CZ005-11 Communication (11/10/Z004) from Peter T. Young, Chairperson, Board of Land and Natural Resources, transmitting for Council information: 1. Governors Executive Order No. 4082 canceling Executive Order No. 3258, and Z. Governors Executive Order No. 4083, setting aside to the County of Kauai, lands for emergency and transitional housing facility and related community services purposes, at Nawiliwili, Llhu`e, Kauai, TMK: (4) 3-8-05:01. CZ005-1'Z Communication (11/17/Z004) from the Solid Waste Program Administrator, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of October 2004. CZ005-13 Communication (11/17/Z004) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Waters quarterly financial report as of September 30, 2004. (Report on file in the County Cleric's Office.) C 2005-14 Communication (1'Z/06/Z004) from Councihuember JoAnn A. Yukimura, declaring a possible conflict of interest on Bill No. Z 110, because she owns agriculture property. C 2005-15 Communication (1'Z/09/Z004) from Council Chair Bill "Kaipo" Asing, declaring a possible conflict of interest on Bill No. 'Z 110, because he owns agriculture property. C 2005-16 Communication (11/05/Z004) from the Chief of Police, requesting Council approval to accept and use a vehicle (03- 16Z'Z5) forfeited through the Asset Forfeiture Program to be assigned to the Vice/Narcotics Unit replacing an existing vehicle, and will be used for counter-narcotics operations. C 2005-17 Communication (11/05/Z004) from the Chief of Police, requesting Council approval to accept and use a vehicle (03- 16387) forfeited through the Asset Forfeiture Program to be assigned to the Vice/Narcotics Unit replacing an existing vehicle, and will be used for counter-narcotics operations. Council Meeting Agenda 4 December 16, 2004 C 2005-18 Communication (11/08/Z004) from Michael Soong, former Prosecuting Attorney, requesting Council approval to apply for, receive and expend $47,475.00 in federal funds for the Domestic Violence Prosecution Project from December 1, 2004 through November 30, 2005. C 2005-19 Communication (11/09/Z004) from the Anti-Drug Coordinator, requesting Council approval to receive, indemnify and expend Federal Department of Justice funding in the amount of $441,000 for the Iaua`i County Crystal Methamphetamine initiative through the Hawaii Community Foundation that will be distributed as follows: • Iaua`i Police Department - To form an Ice Task Force targeting metliamphetaniine users and distributors - $'Z00,000 • Prosecutors Office - Hire an attorney to focus on prosecution of drug dealers - $75,000 • Offices of Community Assistance -Alternative and fain drug free activities for youth - $85,000 • Office of the Mayor -Coordinate the Iaua`i Community Drug Response Plan and Drug Action Committee in implementing the action plan - $81,000 CZ005-'ZO Communication (11/16/Z004) from the Fire Chief, requesting Council approval to accept a donation of a streaming video media system (valued at approximately $3,390.00) from Maui Community College, which would enable the Fire Department to create and transmit video training to all fire stations from a central location. C 2005-'Z 1 Communication (11/ 16/Z004) from the Fire Chief, requesting Council approval to accept a donation from Waipouli Beach Resort LLC, Chris Singleton, of a new trailer (valued at $3,44Z.8Z), for the 19' Hurricane Zodiac that will be assigned to the Hanalei Fire Station. CZ005-Z'Z Communication (11/18/Z004) from the Executive on Recreation, requesting Council approval to accept a donation of four (4) color printers (HP950C) from the Hawaii Recreation and Parks Association of Iaua`i for an estimated value of $137.00. Council Meeting Agenda 5 December 16, 2004 C 2005-'Z3 Communication (11/08/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Carol Furtado, Zna term, to the Kauai Police Commission. (See Resolution No. 2005-06) C 2005-'Z4 Communication (11/08/Z004) from the Mayor, transmitting for Council confiiluation, his re-appointment of Raymond Sato, Z~~a term, to the Iaua`i Liquor Control Commission. (See Resolution No. 2005-OS) C 2005-'Z5 Communication (11/'Z3/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of James B. Clifford, Z"`r teilu, to the County of Kauai Board of Ethics. (See Resolution No. 2005-07) C 2005-'Z6 Communication (11/'Z3/Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Carol E. Suzawa, Z"a term, to the County of Iaua`i Liquor Control Commission. (See Resolution No. 2005-OS) C 2005-'Z7 Communication (11/'Z6/Z004) from the Mayor, transmitting for Council confiiluation, his re-appointment of Benjaniin E. Lizama, Jr., 1st term, to the Cotmty of Iaua`i Board of Review. (See Resolution No. 2005-08) C 2005-'Z8 Communication (11/30/Z004) from the Mayor, transmitting for Council confirmation, the following appointments to the Cotmty of Kauai Building Board of Appeals: 1. Tad Yoshikawa, re-appointment, Zna term (Plumber) Z. Robert Westerman, re-appointment, Z~~a teilu (Fire) 3. Rodney Pascua, appointment to fill Roy Takatsuki's unexpired term ending on December 31, 2006 (Building). (See Resolutions Nos. 2005-09 aril 2005-10) C 2005-'Z9 Communication (11/30/Z004) from the Mayor, transmitting for Council confirmation, the following re-appointments to the Cotmty of Iaua`i Planning Commission: 1. Michael B.I. Lockett, 'Z"a term (Environmentalist) Z. Sandi Kato-Klutke, Z"`t term (Business) (See Resolution No. 2005-11) Council Meeting Agenda 6 December 16, 'Z004 C'Z005-30 Communication (1'Z/0'Z/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Glen Takenouchi, to the County of Iaua`i Charter Review Commission, to fill the unexpired teilu of John Isobe. (See Resolution No. 2005-12) C'Z005-31 Communication (1'Z/0'Z/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Thomas M. Iannucci, to the County of Kauai Police Commission. (See Resolution No. 2005-13) C'Z005-3'Z Communication (11/'Z4/'Z004) from the Mayor, transmitting for Council confiiluation, his appointment of Gary E. Smith, to the Cotmty of Iaua`i Public Access, Open Space, and Natural Resources Preservation Fund Commission. (See Resolution No. 2005-14) C'Z005-33 Communication (11/15/'Z004) from the Mark Hubbard, Chairman, Salary Commission of the County of Kauai, transmitting for Council consideration, the Commission's recommendations of future salaries for the positions of Mayor, Department Heads and Deputies. C'Z005-34 Communication (1'Z/03/'Z004) from Councihuember JoAnn A. Yukimura, transmitting for Council consideration, her suggestion that prior to the introduction of the Proposed Vacation Rental Bill, that the Planning Committee facilitate a roundtable discussion including all stakeholders in January 2005. C'Z005-35 Communication (1'Z/03/'Z004) from the Administrative Assistant to the Mayor, requesting Council approval of the CIP projects for the 'Z005 Legislative Package. Council Meeting Agenda 7 December 16, 2004 C 2005-36 Request from the County Attorney for authorization to expend up to $20,000 for special counsel to represent the County in ALVIN M. SETO v. GEORGE FREITAS, JR., ET AL., Civ. No. 03- OOZ59 MEA LEI (U.S. District Court, District of Hawaii) and related matters. Consideration of this request may necessitate one or more consultations with the County's legal counsel for consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. C 2005-37 Request from the County Attorney for authorization to expend up to $150,000 for payment of services and costs by outside counsel in connection with the Abbatiello vs. County of Iaua`i, et al. case (Civil No. 04-00562 SOM BMK, U.S. District Court for the District of Hawai`i). Consideration of this request may necessitate one or more consultations with the County's legal counsel for consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. LEGAL DOCUMENTS: CZ005-38 Communication (11/19/2004) from the Mayor, recommending Council approval of a Dedication Deed from Robert Earl Keown and Gloria Adele Iieown, conveying to the Cormty of Iaua`i, a roadway lot (Lot 6), TMK: (4) 'Z-3-008-052 (por.), Kalaheo, Iioloa, Iaua`i, Hawaii, to accommodate future road widening improvements to Lolo Road. C T.ATMS• CZ005-39 Communication (11/15/2004) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by Christine A. French, owner, Lealani Corporation dba Brennecke's, for daniage to her vehicle and personal injuries, pursuant to Section 23.06, Charter of the County of Iaua`i. C 2005-40 Communication (11/'Z6/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by El Nishimoto, for damage to personal property, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 8 December 16, 2004 C 2005-41 Communication (11/30/Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by John W. Vogt, for personal injuries, pursuant to Section 23.06, Charter of the County of Iaua`i. C 2005-4'Z Communication (1'Z/06/Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by Joyce Okinaka, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2005-1: on CA 2005-1 Communication (11/18/Z004) from Daryl W. Ianeshiro, Community Assistance Committee Chair, requesting the Administration to be present to discuss the status/update of the Affordable Housing Advisory Committee and any progress being made to address the affordable housing situation. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2004-10: on C 2004-314 Communication (10/'Z6/Z004) from the Engineer VI, Operations & Construction, transmitting for Council approval, the Island Wide Resurfacing List for fiscal year 2004-2005. [Approve as amended.] COMMITTEE OF THE WHOLE REPORTS: CR-W 2005-1: on W 2004-4 Communication (7/'ZO/Z004) from Councilmember Mel Rapozo, requesting that the Administration be present to discuss the fire that occurred at the Lihu`e Transfer Station on July 15, 2004 (cause of fire, response to the fire by State and County agencies, and the environmental impacts of the fire). [Received for the record.] Council Meeting Agenda 9 December 16, 2004 CR-W 2005-2: on Bill No. 'Z 110 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, ARTICLE 9, SECTION 5A- 9.1, IiAUA`I COUNTY CODE 1987, RELATING TO DEDICATION OF LANDS [Approved as amended.] RESOLUTIONS: Resolution No. 2005-04 ,RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON IAMALU ROAD, IAWAIHAU DISTRICT, COUNTY OF IAUA`I Resolution No. 2005-05, RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENTS TO THE LIQUOR CONTROL COMMISSION (Raymond Sato and Carol Suzawa, Second Terms) Resolution No. 2005-06, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Carol Furtado, Second Term) Resolution No. 2005-07, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF ETHICS (Janies B. Clifford, Second Term) Resolution No. 2005-08, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE BOARD OF REVIEW (Benjaniin E. Lizania, Jr., First Term) Resolution No. 2005-09, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENTS TO THE BUILDING BOARD OF APPEALS (Tad Yoshikawa- Plumber, and Robert Westerman-Fire, Second Terms) Resolution No. 2005-10, RESOLUTION AMENDING RESOLUTION NO. 2004-'ZO TO CONFIRM REPLACING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Rodney Pascua, First Term) Resolution No. 2005-11, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENTS TO THE PLANNING COMMISSION (Sandi Kato-Ilutke- Business, and Michael Lockett -Environmental, Second Terms) Council Meeting Agenda 10 December 16, 2004 Resolution No. 2005-1'Z, RESOLUTION AMENDING RESOLUTION NO. 2004-31 TO CONFIRM REPLACING A MAYORAL APPOINTMENT TO THE IAUA`I COUNTY CHARTER REVIEW COMMISSION (Glen Takenouchi) Resolution No. 2005-13, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Thomas M. Iannucci, First Term) Resolution No. 2005-14, RESOLUTION APPOINTING MEMBER TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Gary E. Smith, 9th Member, Initial Term) BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 111 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 2003 AND JUNE 30, 2005 Proposed Draft Bill No. 'Z l 1'Z - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-6'Z 1 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Enterprise Project - $'Z70,97'Z) Proposed Draft Bill No. 'Z 113 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, IAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION AT KUKUI`ULA, IiAUA`I (Kaua`i County Council, Applicant) Proposed Draft Bill No. 'Z 114 - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-6'Z 1, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Public Access, Open Space, Natural Resources Preservation Fund - $25,345) BILLS FOR SECOND READING: Bill No. 'Z 110, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, ARTICLE 9, SECTION 5A-9.1, IiAUA`I COUNTY CODE 1987, RELATING TO DEDICATION OF LANDS Council Meeting Agenda 11 December 16, 2004 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. X92-5(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.) ES-170 Pursuant to Haw.Rev.Stat. ~~92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the Council regarding the case of Darla Abbatiello v. County of Kauai, et al., Civ. No. 04- 00562 SOM/BMK (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-171 Pursuant to Haw.Rev.Stat. ~§92-4 and 92-5(a)(4), the purpose of this executive session is to request approval to retain special counsel to represent the County in Darla Abbatiello v. County of Kauai, et al., Civ. No. 04-00562 SOM/SMK (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-172 Pursuant to Haw.Rev.Stat. ~~92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the Council in connection with the case of ALVIN M. SETO v. GEORGE FREITAS, JR., ET AL., Civ. No. 03-00259 MEA LEK (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-173 Pursuant to Haw. Rev. Stat. §~92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel for purposes of giving a status report and requesting Council approval of a proposed settlement offer in County of Kauai vs. James H. Pflue~er, et al., Civil No. 02-1-0160. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. Council Meeting Agenda 1'Z December 16, 2004 ADJOURNMENT. 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, LIHUE, KAUAI. TELEPHONE NO. 241-6371.