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HomeMy WebLinkAbout2004-11-23COMMITTEE MEETING NOTICE AND AGENDA TUESDAY, NOVEMBER 23, 2004 9:00 A.M. COUNCIL GHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, ROOM 201 LIHU`E, KAUAI, HAWAII This 11/23/2004 Committee Meeting Agenda is required to be posted by 11/ 17/2004. The Committee may consider any item referred by the Council as shown on the attached 11/ 18/2004 Council Meeting Agenda. COMMUNITY ASSISTANCE COMMITTEE Minutes of the November 9, 2004 Community Assistance Committee Meeting. C 2004-303 Communicatian (10/ 18/2004) from the Executive on Housing, requesting time on the next Council meeting agenda to discuss potential actions that the owner of the Kauai Lagoons Resort Company, Inc. could employ to settle its affordable housing obligation. (Deferred 11/9/2004) PARKS & PUBLIC WORKS COMMITTEE Minutes of the November 9, 2004 Parks 8v Public Works Committee Meeting. RESOLUTION NO. 2004-45 RESOLUTION REQUESTING THAT THE ADMINISTRATION ADOPT A NO-SPRAY POLICY FOR MAINTENANCE OF COUNTY PARKS AND ROADSIDES (Deferred 10/28 )2004) Minutes of the November 9, 2004 Planning Committee Meeting. COMMITTEE OF THE WHOLE Minutes of the November 9, 2004 Committee of the Whole Meeting. W 2004-4 Communication (7/20/2004) from Councilmember Mel Rapozo, requesting that the Administration be present to discuss the fire that occurred at the Lihu`e Transfer Station an July 15, 2004 (cause of fire, response to the fire by State and County agencies, and the environmental impacts of the fire). (Deferred 11/9/2004) Committee Meeting Agenda Z November 'Z3, Z004 Bill No. 'Z 110 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, ARTICLE 9, SECTION 5A-9.1, IAUA`I COUNTY CODE 1987, RELATING TO DEDICATION OF LANDS (Deferred 11/9/2004) 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 Cleric's Office. Discussions held irr Executive Session are closed to the public.) 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. COUNCIL MEETING NOTICE and AGENDA THURSDAY, NOVEMBER 18, 2004 1:00 P.M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CAL~.ED TO ORDER. ROLL CALL. APPROVAL OF AGENDr> MINUTES of the following ~~s of the Coun~ ~: Mid-Month Meeting of OctobE ~ 21, 200/ Special Meeting of October 21, < X04 Executive Meeting of November 4, "~04 Special Meeting of November 9, 2~ ., ' Public Hearing of November 4, " X04, ,'e: Bill No. 2110 COMII~IUNICATIONS: C 2004-300 Communicatic ~ (10/06/2004) fron, the Purchasing & Assistant Contracts Ar' _ninistrator, transmittirg -for Council information, the FY 04105 15t Quarter Statement f Equipment Purchases. (Deferred 1 I / 4/2004) C 2004-305 Cor~ ~nunication (10/29/2004) from CouncilmE ~rber Mel Rapozo, re guesting that the Deputy County Engineer ~. ~ present at the November 4, 2004 Council meeting to discuss ~,he remaining capacity and the status of the application for vertica_ expansion of the Kekaha Landfill. (Deferred II/4/2004} C 2004-'~ .16 Communication (1012712004) from the Executive on Ho sing, requesting Council review and approval of the Commu_ ity Development Block Grant (CDBG) and HOME Investme, ~ Partnerships Program (HOME) Resolutions for fiscal years 2005 and 2006 to establish priorities for funding projects that may be proposed through an application process. (See Resolution No. 2004- 49 and Resolution No. 2004-50) Council Meeting Agenda 2 November 18, 2004 C 2004-307 Communication (10114/2004) from the Chief, Engineering Divisi~ .i, Department of Public Works, transmitting for Council approv ~, a traffic resolution establishing a school bus stop on Olohena .~,oad. (See Resolution No. 2004-51) C 2004-3~ ~ Communication (10/14/2004) from the Chief, Engineer~.xg Division, Department of Public Works, transmitting for Coun 11 approval, a traffic resolution prohibiting left turns from Nuhot~ street onto the ~,egency at Puakea's emergency access drivewa- and vice versa. (~'~~e Resolution No. 2004-52) C 2004-309 Coxnxn. ~~ication (1011812004) from the Director of Finance, transmit 'ng for Council information, t.h~ liaua`i Humane Society's first quart °~ report for FY 2005, July _, 2004 through September 2004, and t., ~ Financial Statement and Independent Auditor's Report for the Tears ended June 3~ , 2004 and 2003. (Reports on file in the Courat;y `;`lerk's Office) C 2004-310 Communication {10/2 '2004 from the Director of Finance, submitting Financial Red, ~° .~ for the Month ending September 30, 2004: • Statement of ' ~eve~ ~ies {Estimated and Actual) • Statement ~ Expena cures and Encumbrances • Revenue F sport • Detailed .Budget Report (Copies of reports n file in the County `~'lerk's Office.) C 2004-311 Communica' _on (1012612004) from the Director of Finance, transmitti- .g for Council information, t,_ e CashlInvestment Balances Lor the lit Quarter ending September ~ ~, 2004. C 2004-312 Cor ~nunication (08/27/2004) from the Chief of Polic. .requesting C~ anvil approval to purchase an initial twenty (20) Taser X26 T.nergy weapons and accessories for officer use and tr~.~,1ing for $24,022.35 from the Kauai Police Department's asset fo. ~eiture account. C 2004-31 ` Communication (10/25/2004) from the First Deputy Prosecutix~, Attorney, requesting Council approval to purchase paneling for work stations within the Prosecutor's Office for approximately $1,900 from the Salary Account. Council Meeting Agenda 3 November 18, 2(~ ~4 C ~ X04-314 Communication (10126/2004} from the Engineer VI, Oper~ions & Construction, transmitting for Council approval, the Is' ~nd ~?~Tide Resurfacing List for fiscal year 2004-2005. CLAIMS: C 2004-315 ~~'ommunication {10/2712004) from the County ~ perk, transmitting a cl~. ~~n filed against the County of Kauai by T arryl Matsumura, for dan, ge to his vehicle, pursuant to Sect.i~ 1 23.06, Charter of the Count, of Kauai. C 2004-316 Communicu ~ on {11/0812004) from tr ~ County Clerk, transmitting a claim filed a, •ainst the County ~ ~ Kauai by Diane Huddy, for damage to her vehicle, pursuai~ to Section 23.OG, Charter of the County of Kauai. C 2004-317 Communication (11l09~.~0~ ~:) from the County Clerk, transmitting a claim filed against the ~ unty of Kauai by Melanie A. Turner, for damage to her vehic] pi, ~SUant to Section 23.06, Charter of the County of Kauai. C 2004-318 Communication (11109/2004} from he County Clerk, transmitting a claim filed a ,ainst the County of T~aua`i by James NlcCool, for damage to pis vehicle, pursuant to ~ action 23.06, Charter of the County of _~aua`i. C 2004-319 Com _iunication (11/0912004) from the County `%lerk, transmitting a cla " ~ri filed against the County of Kauai by Theresa Koki, for c~ ~mage to her vehicle, pursuant to Section 23.1, ,, Charter of the Uounty of Kauai. C 2004-32' Communication (1111012004) from the County Clerk, trax, mitting a claim filed against the County of Kauai by Herman Y.VV. C.-. ong III, for damage to his vehicle, pursuant to Section 23.06, Chartei ~f the County of Kauai. Council Meeting Agenda 4 C- ~MMITTEE REPORTS: PART ~S 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPjlV ?004-9: an C 2004-301 November 18, 2004 Coininunication (10/04/2004) ~rom the Solid Waste Program Ad ~iinistrator, requesting Council approval t ~ receive and expend grant funds in t' .e amount of $100,000 from the Statf Department of Health for local facilitat' ~n of the Deposit Beverage Container F _ ogram (commonly referred to as the "B ctle Bill"), which will be used to: • hire a tempos ~ Recycling Specialist; • assist with stablishment of certified redemption .:enters; • provide m ~nitoring support; • provide ~chnical assistance; and • provid ,education and outreach. ~APPro~. ~d.] PLANNING COMMITTEE REPORT: CR-PL 2004-13: on C 2004-304 (" ~mi~ ~inication (09/ 16/2004) from the ~'lannii. ~ Director, requesting Council CR-PL 2 X04-14: an Resolution No approval ~: 1. take sL os necessary to acquire the proposed new pedestrian access easement at `Aliomanu Estates Subdivision beginning with an appraisal, and 2. approve the proposa~ from Mr. Yanke, and his successors, o pay for all reasonable costs and ex, Pnses related to acquiring said pedestri~. z easement. [Approved.] 2004-48 RESOLUTION ACCE~ 'T'ING FEES AND COSTS TO ACQUIRE. A PEDESTRIAN ACCESS EASEMENT OVA R AND ACROSS PROPERTY LOCATED A'~ `ALIOMANU ESTATES [Approved.] Council Meeting Agenda 5 November 18, 2t~ ~4 R,,S(_)LUTIONS: P,esolution No. 2004-48, RESOLUTION ACCEPTING FEES 1~'' ,D COSTS TO AL ~JUIRE A PEDESTRIAN ACCESS EASEMENT OVER AT .D ACROSS PROPEL.. ~Y LOCATED AT `ALIOMANU ESTATES (The Plana ng Committee recommend 'd approval on 11 /9/2004} Resolutioi, No. 2004-49, ESTABLISHING COUNTY Pr 1ORITIES FOR USE OF COMMUNI~l r DEVELOPMENT BLOCK GRANT - SMALL CITIES PROGRAM Resolution No. 20t~ -50, ESTABLISHING COT NTY PRIORITIES FOR USE OF HOME INVESTMENT ,' ~RTNERSHIPS PROC _~ ~M Resolution No. 2004-51, h ^SOLUTIOI` ESTABLISHING A SCHOOL BUS STOP ON OLOHENA ROAD, KAY-~ '~IHALT r 1STRICT, COUNTY OF KAUAI Resolution No. 2004-52, RES(_ UTION PROHIBITING LEFT TURNS FROM NUHOU STREET ONTO '~H~. REGENCY AT PUAKEA'S ACCESS DRIVEWAY, AND VICE VERSA, LT _iU`E L_ STRICT, COUNTY OF KAUAI EXECUTIVE SESSION: P~ ~suant to Haw. Rev. Stat. {"H.R.S.") X92-7{a), the Council may, when deemF ~ necessary, hold an exe. ~~tive session on any agenda item without written pub ~ic notice if the executive se: ,ion was not anticipated in advance. Any such ex~ .;utive session shall be held pu~~. •tant to H.R.S. X92-4 and shall be limited to thc~ z items described in H.R.S. X92-5{a). tConfidential reports on file in the County ~' torney's Office and/ar• the County Cler. 's Office. Discussions held in Execactive ,~ sssion are closed to the public.} ES-166 T ursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a}(4}, the purpose of this executive session is to discuss the status of Mandal, v Properties Hawaii LLC vs. County of Kauai, Civil No. 04-00446 QOM LEK, United States District Court.. This consultation involves con ~deration of the powers, duties, privileges, immunities, and/or liabiliti~. • of the Council and the County as they relate to this agenda item. (L~ `erf°ed 11/4/20(14) Council Meeting Agenda 6 November 18, 20~' r ES ' 68 Pursuant to Haw.Rev.Stat. ~~92-4 and 92-5(a)(4}, the purpos of this executive session is to request approval to retain special ,ounsel to represent the County in Darla Abbatiello v. County of ~ aua`i, et al., Civ. No. 04-00562 SOM/BMK (U.S. District Court, Dist- pct of Hawaii) ~nd related matters. This consultation involves cor ,ideration of the pc, -Tees, duties, privileges, immunities and/or liabi~' ~.ies of the Council and .'~+.e County as they relate to this agenda iteir ES-169 Pursuant t~ Haw. Rev. Stat. ~~92-4 and 9`~ ~5(a)(4), the purpose of this executive secs ~n is to approve the Cour ,~ Attorney's recommendation for an additions- appropriation for sp~ .;ial counsel in Alvin M. Seto v. George Freitas, Jx et al., Civ. No. ' 3-00259 MEA LEK (U.S. District Court, District of Ha °aii). This ~ .nsultation involves consideration of powers, duties, privile~ ~;, imm• liities, and/or liabilities of the Council and the County as they re. ?tP ~o this agenda item. 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, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.