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HomeMy WebLinkAbout12-11-2007COUNCIL MEETING NOTICE and AGENDA TUESDAY, DECEMBER 11, 2007 (RESCHEDULED FROM DECEMBER 5, 2007) 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, I~aua`i, Hawaii MEETING CALLED TO ORDER. Rc_)LL CALL. APPRc_)VAL OF AGENDA. MINUTES of the followine meetines of the Council: Public Hearing of November 20, 2007, re: Bill No. 2244 Public Hearing of November 20, 2007, re: Bills Nos. 2210 and 2243 CUMMUNICATIUNS: C 2007-405 Coimnunication (10/31/2007) from the Iiaua`i Civil Defense Administrator requesting Council approval to accept and expend grant funds from the U.S. Department of Homeland Security via the State Civil Defense Department in the following areas and amounts (in addition to day-to-day all hazards scenario): 1. 2007 State Homeland Security Grant Program - $663,869 to enhance the State's and County's capability to prevent, deter, respond to, and recover from incidents of terrorism involving use of chemical, biological, radiological, nuclear and explosive weapons, and cyber attacks. 2. 2007 Law Enforcement Terrorism Prevention Program - $400,310 to provide law enforcement coimnunities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism. 8. 2007 Citizen Corps Program - $10,000 to be used to support Citizen Corps Councils with planning, outreach, and management of Citizen Corps programs and activities. (Defer~r~ed 11 /20/2007) Council Meeting Agenda 2 December 11, 2007 C 2007-406 Communication (11/09/2007) from the Anti-Drug Coordinator, requesting Council approval to apply for, receive, and expend a Temporary Assistance for Needy Families (TANF) Grant of $1,524,000.00 from the State Department of Human Services, to be awarded to various agencies to run programs for family strengthening, positive youth development, and other services and programs that meet the TANF criteria. (Defer~r~ed 11 /20/2007.) (~' 2007-407 Commnunication (10/30/2007) from the Council ('hair, requesting the Administration to update the Council on the status of the former Hanalei and Iioloa Courthouses facilities. (Deferred 11 /20/2007.) (~' 2007-413 Commnunication (11/19/2007) from the Fire Chief, transmitting for Council action, a bill appropriating $84,000.00 from the surplus and appropriations estimated in the General Fund to purchase three (3) SIiID units, which comes with a tank, pump, and booster line (one each for the Prime Movers) to assist firefighters in combating wildland fires, enhances the capabilities of the Prime Movers, and allows for multi-use functioning of this equipment. (See Proposed Draft Bill No. 2248) C 2007-414 Communication (11/20/2007) from the Acting Manager and Chief Engineer of the Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of September 80, 2007. (See r~epor~ts oru file tiro the Couruty Clerk's off;.ee.) C 2007-415 Communication (11/02/2007) from the Chief of Police, requesting Council approval and indemnification to apply for, receive, and upend a Strangulation (Investigation) Training Project Grant for the term September 1, 2007 through May 31, 2008, from the State of Hawaii Department of the Attorney General for $20,797.00, of which the County is required to match $6,932.00, which is available in the police operating budget account, to fulfill the obligations of the grant. C 2007-416 Commnunication (11/19/2007) from the County Clerk, requesting Council approval to purchase a Multifunction & All-In-( hie Printer and accessories for the Clerk's office for approximately $5,000.00 replacing a broken printer and which funds are available in the Clerk's Office budget. Council Meeting Agenda 8 December 11, 2007 C 2007-417 Communication (08/04/2007) from Jay Furfaro, Finance/Economic Development Committee Chair, requesting agenda time for the Housing Agency to provide an update on corrective actions and projected completion date on Finding 06-09 (Housing (duality Standards Inspections) in the Single Audit Report for Fiscal Year 2006-2007. • Commnunication (11/09/2007) from Iienneth N. Rainforth, Executive on Housing, regarding the Single Audit Report, Finding No. 06-09, and informing the Council of actions initiated relative to the County's Housing Cduality Standards (HCdS) Inspections. C 2007-418 Communication (08/04/2007) from Jay Furfaro, Finance/Economic Development Committee Chair, requesting agenda time for the Department of Public Works to provide an update on corrective actions and projected completion date on Finding 6 (Capital Assets, Tracking & Reporting, Construction-in-Progress) in the Single Audit Report for Fiscal Year 2006-2007. • Commnunication (11/13/2007) from Clint Y. Saiki, Business Management Officer, regarding the Single Audit Report, Finding No. 6, and informing the Council of actions initiated relative to the County's Capital Assets Tracking and Reporting Construction in Progress. C 2007-419 Commnunication (08/04/2007) from Jay Furfaro, Finance/Economic Development Committee Chair, requesting agenda time for the Housing Agency to provide an update on corrective actions and projected completion date on Finding 05-07 (Housing Section 8, Compliance with Administrative Plan) in the Single Audit Report for Fiscal Year 2006-2007. • Commnunication (11/28/2007) from Iienneth N. Rainforth, Executive on Housing, regarding the Single Audit Report, Finding No. 05-07, and informing the Council of actions initiated relative to the County's Compliance with the Administrative Plan, specifically, federal income tax returns should be submitted by all self-employed participants of the Section 8 program. Council Meeting Agenda 4 December 11, 2007 C 2007-420 Communication (11/26/2007) from JoAnn A. Yukimura, Chair of the Planning Committee, requesting agenda time for local economist and sustainability expert lien Stokes to speak on how liaua'i can become more sustainable from the bottom up. C 2007-421 Communication (11/09/2007) from the Mayor, transmitting for Council confirmation, his re-appointments of the following: Mark Hubbard Board of Ethics First Term Leila Fuller Board of Ethics Second Term Leland Iiahawai Board of Water Supply First Term Michael Iiano Building Board of Appeals First Term (Fire, designation) Aiui Sokei Civil Service Commission First Term Gilbert Maerina Civil Service Commission First Term Ben Lizama, Jr. Board of Review Second Term Darnney Proudfoot Fire Commission Second Term Guy Croydon Fire Commission Second Term Shirley Akita Liquor Control Commnission Second Term Russell Grady Police Commnission Second Term Dawn Murata Salary Commnission Second Term Bob Crowell Salary Commnission Second Term And transmitting for Council information his appointment of Johanna Gomez, to the Public Access, Upen Space & Natural Resources Preservation Funcl Commission, as the Mayoral at-large appointee for a first term appointment to expire on December 81, 2010. (See Resolutiorus Nos. 2007-92 through 2007-104.) Cc_)MMITTEE REPc_)RTS: FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-F/ED 2007-10: on Bill No. 2244 A BILL FUR. AN ORDINANCE AMENDING CHAPTER 5A, KAiJA`I COiJNTY CODE 1957, AS AMENDED, RELATING TU A REAL PROPERTY TAX CREDIT FUR. HOMES OF VETERANS WITH WARTIME SERVICE [Approved as amended.] PUBLIC WORKS COMMITTEE REPORT: CR-PW 2007-29: on PW 2007-14 Connuunication (10/26/2007) from the Mayon, transmitting for Council information, the formation of anew task force regarcling the lie Alahele Makalae, Council Meeting Agenda 5 December 11, 2007 Iiaua'i's Coastal and Heritage Trail, headed by Bernard Caxvalho, which includes representation from the Departments of Public Works, Planning, Finance, and Parks ~ Recreation to improve communication and oversight, and to provide quarterly status briefings to the Council regarding this project. [Received for the record.] PARKS & RECREATION COMMITTEE REPORT: CR-P/REC 2007-9: on Bill No. 2242 A BILL FUR. AN ORDINANCE TU AMEND CHAPTER 23, ARTICLE 3, OF THE KAiJA`I COUNTY CODE 19b7, RELATING TU PEDDLERS AND CUNCESSIUNAIRES [Approved as amended.] PLANNING COMMITTEE REPORT: CR-PL 2007-9: on Bill No. 2243 A BILL FUR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NU. PM-2002-562, RELATING TU ZONING DESIGNATION IN LIHU'E, IiAUA'I (Iiaua'i County Council, Applicant) (Recommendation from the Planning Commission) [Received for the record.] RESOLUTIONS: Resolution No. 2007-92, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL RE-APP( )INTMENT TO THE BOARD OF ETHICS (Leila Faller, Second Term) Resolution No. 2007-93, RESOLUTION CONFIRMING MAY( )RAL RE-APPOINTMENT TO THE BOARD OF ETHICS (Mark Hubbard, First Term) Resolution No. 2007-94, RESOLUTION CONFIRMING MAY( )RAL RE-APP( )INTMENT TO THE BOARD OF REVIEW (Benjamin E. Lizama, Jr., Second Term) Resolution No. 2007-95, RESOLUTION CONFIRMING MAY( )RAL RE-APP( )INTMENT TO THE LIC~IU( )R CONTR( )L COMMISSION (Shirley T. Akita, Second Term) Council Meeting Agenda G December 11, 2007 Resolution No. RE-APPc_)INTMENT Tc_) Term) 2007-9G, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL THE P(_)LICE C(_)MMISSI(_)N (Russell Grady, Second Resolution No. 2007-97, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL RE-APP(_)INTMENT T(_) THE SALARY C(_)MMISSI(_)N (Dawn Murata, Second Term) Resolution No. 2007-98, RESOLUTION CONFIRMING MAY( )RAL RE-APPOINTMENT TO THE SALARY COMMISSI( )N (Robert B. Crowell, Second Term) Resolution No. 2007-99, RESOLUTION CONFIRMING MAY( )RAL RE-APP( )INTMENT TO THE BUILDING BOARD OF APPEALS (Michael S. Iiano, First Term, Fire designation) Resolution No. 2007-100, RESOLUTION CONFIRMING MAY( )RAL RE-APP( )INTMENT TO THE FIRE COMMISSION (Darnney L. Proudfoot, Second Term) Resolution No. 2007-101, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL RE-APP(_)INTMENT T(_) THE FIRE C(_)MMISSI(_)N (Guy Croydon, Second Term) Resolution No. 2007-102, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL RE-APP(_)INTMENT T(_) THE CIVIL SERVICE C(_)MMISSI(_)N (Gilbert F. Maerina, First Term) Resolution No. 2007-108, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL RE-APP(_)INTMENT T(_) THE CIVIL SERVICE C(_)MMISSI(_)N (Ann L. Sokei, First Term) Resolution No. 2007-104, RESOLUTION CONFIRMING MAY( )RAL RE-APPOINTMENT TO THE BOARD OF WATER SUPPLY (Leland I~. I~ahawai, First Term) Council Meeting Agenda 7 December 11, 2007 BILL Fc_)R FIRST READING: Proposed Draft Bill No. 2248 - AN URDINANCE AMENDING URDINANCE Nc_). B-2007-656 AS AMENDED, RELATING Tc_) THE OPERATING BUDGET OF THE Cc_)UNTY OF IiAUA`I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2007 THRc_)UGH JUNE 80, 2008, BY REVISING THE SURPLUS AND APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND ($84,000 Fire Department equipment) BILLS FOR SECOND READING: Bill No. 2244, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x CHAPTER 5A, I~AUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO A REAL PR( )PERTY TAX CREDIT F( )R HOMES OF VETERANS WITH WARTIME SERVICE (Tire Fiarance/Economi.c Development Committee recommended approval as amended orr 11/28/2007) Bill No. 2242, Draft 1 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE 3, OF THE I~AUA`I COUNTY CODE 1987, RELATING TO PEDDLERS AND CONCESSI( )NAIRES (Tire Parks & Recreati.orr Committee recommended cipprovcd cis cimerrded ora 11 /28/2007) Bill No. 2243 - A BILL F(_)R AN ORDINANCE AMENDING Z(_)NING C(_)NDITI(_)NS IN ORDINANCE N(_). PM-2002-862, RELATING T(_) Z(_)NING DESIGNATI(_)N IN LIHU`E, IiAUA`I (Iiaua`i County Council, Applicant) (Recommendation from the Planning Commission) (The Plciruruirug Com.m.ittee recom.m.errded receivirug for the record oru 11 /28/2007) EXECUTIVE 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). (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-307 Pursuant to Haw. Rev. Stat. §§92-4, 92-5(a)(2), and 92-5(a)(4), the purpose of this executive session is to consult with the Council's legal counsel on legal questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities regarding a complaint filed with the Hawaii State Judiciary - Office of Disciplinary Counsel against a Councihnember and relating to proceedings before the County Council (Deferred 11 /20/2007) Council Meeting Agenda 8 December ll, 2007 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.