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Home My WebLink About2005-02-10 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, FEBRUARY 10, 2005 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Regular Meeting of January 13, 'Z005 Special Meeting of January 'Z0, 'Z005 COMMUNICATIONS: C 'Z005-81 Communication (01/ 19/'Z005) from Daryl W. Kaneshiro, Finance/Intergovernmental Relations Committee Chair, and Bill "Iaipo" Asing, Council Chair, transmitting for Council consideration, a bill for an ordinance authorizing athree-year financial audit contract commencing with the fiscal year ending June 30, 'Z005. (See Proposed Draft Bill No. 2121) C'Z005-8'Z Communication (O1/11/'Z005) from the Director of Finance, transmitting for Council information, the Kauai Humane Society's Second Quarter Report for FY 'Z005, and their Cash Flow Analysis. C 'Z005-83 Communication (01/ 14/'Z005) from the Director of Finance, transmitting Financial Reports--Month Ending November 30, 2004 (Copies of Detailed Budget Report (Listing), Statement of Revenues-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office). Council Meeting Agenda Z February 10, 2005 C 2005-84 Communication (O1/ 19/Z005) from James Y. Nakayama of Barns Yee Murakanii Hanashiro Choy, LLP, transmitting for Council information, final reports of the Comprehensive Annual Financial Report of the County of Kauai (CAFR), Single Audit Report, and Recommendations Designed to Improve Internal Accounting Controls and Efficiency Report for the year ended June 30, 2004. (Reports on file in the County Clerk's Office.) C 2005-85 Communication (O1/'Z 1/Z005) 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.) C 2005-86 Communication (O1/'Z6/Z005) from Frances Yamada, Senior Partner, Wilson Okanioto Corporation, transmitting for Council information, the Affidavit as to Mailing of Notice with regard to the Kauai County Council Planning Committee public hearing on February 10, 2005, for the subject Applicant re: Bills Nos. 2116 and 'Z 117. C 2005-87 Communication (01/ 10/Z005) from the Chief of Police, requesting Council approval to apply for and expend a $Z5,Z00.00 STOP Violence Foiluula Grant, Medical Crisis Response Project from the State of Hawaii, Attorney General's Office, and to indemnify the grantor. C 2005-88 Communication (O1/'Z5/Z005) from the Mayor, requesting Council approval of the expenditure of the Federal Department of Justice grant in the aniount of $441,000 for the Kauai County Crystal Methamphetamine initiative through the Hawaii Community Foundation as follows: • Kauai Police Department - To form an Ice Task Force targeting methamphetamine users and distributors - $Z00,000 • Prosecutor's Office - Hire an attorney to focus on prosecution of drug dealers - $75,000 • Offices of Community Assistance -Alternative and fund drug free activities for youth - $85,000 Council Meeting Agenda 3 February 10, 'Z005 • Office of the Mayor -Coordinate the Iaua`i Community Drug Response Plan and Drug Action Committee in implementing the action plan - $81,000, including the job description of the Community Outreach and Collaboration Site Coordinator, and the milestones that will be part of the contract between the County and the Hawaii Community Foundation that will be submitted quarterly with a copy to the County Council. RECONSIDERATION: C 'Z005-78 Communication (01/ 14/'Z005) from Councihuember JoAnn A. Yukimura requesting Council approval to co-sponsor the citizen-initiated facilitated roundtable (stakeholder) discussion on vacation rentals. LEGAL DOCUMENTS: C'Z005-73 Communication (1'Z/17/'Z004) from the Mayor, recommending Council approval of a Partial Cancellation of Easement B-'Z and Easement D and Grant of Easement P-3, from H. Dale Stark, June B. Stark, Walter G. Iortschak and Marcia B. Iortschak, Williani B. White, Steven V. Ruddell and Merlyn W. Ruddell and Melange Associates, Inc. to the County of Iaua`i for relocation of the Kauapea Beach access easement. (Deferred 01/26/2005) CLAIMS: C 'Z005-89 Communication (O1/ 19/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Wyatt A.V. Kanioku, for daniages to his vehicle, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C'Z005-90 Communication (O1/'ZO/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Joyce Coit, for damage to her vehicle, pursuant to Section 'Z 3.06, Charter of the County of Kauai. Council Meeting Agenda 4 February 10, 2005 C 2005-91 Communication (O1/'Z6/Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Karen E. Seaton, for costs incurred and personal time spent to protect and repair personal real property, medical expenses related to dealing with this issue, loan interest incurred due to loss of income, and loss of potential income, pursuant to Section 23.06, Charter of the County of Kauai. C 2005-9'Z Communication (O1/31/Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Ho`omauikaikaola Potts, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2005-93 Communication (0'Z/O1/Z005) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by Nelson G. Keller, for daniage to his personal property, pursuant to Section 23.06, Charter of the Cormty of Iaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-4: on Bill No. 'Z 115 A BILL FOR AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 6-3.'Z OF THE IAUA`I COUNTY CODE 1987, RELATING TO FINANCE [Approved.] PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2005-2: on PPW 2005-'Z Communication (1/'Z8/Z005) from Councihuember JoAnn A. Yukimura, requesting agenda time for Gershon Cohn, Ph.D., of Ecological Engineering Group to make a brief presentation on biological wastewater systems. [Received for the record.] Council Meeting Agenda 5 February 10, 2005 CR-PPW 2005-3: on RESOLUTION NO. 2004-45 RESOLUTION REQUESTING THAT THE ADMINISTRATION ADOPT A NO-SPRAY POLICY FOR MAINTENANCE OF COUNTY PARKS AND ROADSIDES [Approved as amended.] PLANNING COMMITTEE REPORT: CR-PL 2005-3: on PL 2005-'Z Communication (1/'Z4/Z005) from Dianiond Pacific Homes confirming the authorization of Walton D. Y. Hong, A Law Corporation, and any of its attorneys, to represent them in any matters relating to its Villas at Puali project, Puhi, Iaua`i, Hawaii. [Received for the record.] CR-PL 2005-4: on Bill No. 'Z 118 RESOLUTIONS: A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM-303-94, RELATING TO ZONING DESIGNATION IN PUHI, IiAUA`I (Grove Fai1u Properties, Inc.; Dianiond Pacific Homes, LLC, Applicants) [Approved as amended.] Resolution No. 2005-06, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Carol Furtado, Second Term) (Deferred 1/26/2005) 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) (Deferred peridirig iriteruiew 1/26/2005) Resolution No. 2005-'Z5, RESOLUTION ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF IAUA`I FOR INVESTIGATIONS CONDUCTED PURSUANT TO SECTION 3.17 OF THE CHARTER OF THE COUNTY OF IiAUA`I: (Deferred 1/26/2005) Council Meeting Agenda 6 February 10, 2005 Resolution No. 2004-45, Draft 1, RESOLUTION REQUESTING THAT THE ADMINISTRATION ADOPT A NO-SPRAY POLICY FOR MAINTENANCE OF COUNTY PARKS AND ROADSIDES (The Parlcs & Public Worlcs Committee recommended approval as amended orr 02/03/2005) BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 1'Z 1 - A BILL FOR AN ORDINANCE APPROVING A THREE-YEAR CONTRACT FOR ANNUAL FINANCIAL AUDITS (2004-2005, 2005-2006, 2006-2007) BILLS FOR SECOND READING: Bill No. 'Z 115 - A BILL FOR AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 6-3.'Z OF THE IAUA`I COUNTY CODE 1987, RELATING TO FINANCE (The Finance/Intergovernmental Relations Committee recommended approval orr 02/03/2005) Bill No. 'Z 118, Draft 1 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM-303-94, RELATING TO ZONING DESIGNATION IN PUHI, IAUA`I (Grove Farm Properties, Inc.; Diamond Pacific Homes, LLC, Applicants) (The Planning Committee recommended approval as amended orr 02/03/2005) 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.) ES-178 Pursuant to Haw. Rev. Stat. Sections 9'Z-4, 9Z-5(a)(4) and 9Z- 5(a)(6) the purpose of this executive session is to receive and consider sensitive matters related to public safety and security and to consult with the County's legal counsel on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities relating to the Iaua`i Police Department's Ice Task Force project. This meeting and associated attorney-client consultation will involve the consideration of sensitive matters related to public safety, security, and the powers, duties, privileges, immunities, and/or liabilities of fire Council and the County as they relate to this agenda item. Council Meeting Agenda 7 February 10, 2005 ADJOURNMENT. NOTE: If the Council is nat 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. 2116 - A BILL, FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY W KOLOA, KAUA `I (Kukcri `Ula Development Company (Hawai `i), LLC, Applicant) Btll No. 2117 - A BILL, FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA `I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION INKOLOA, KAUA `I (Kukcri `Ula Development Company (Hawai `i), LLC, 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, 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, 4395 RICE STREET, ROOM 205, LIHU`E, KAUAI. TELEPHONE NO. 241-5371.