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Home My WebLink About2005-09-22 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, SEPTEMBER 22, 2005 1:00 P.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Iiaua`i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of August 25, ?005 Regular Meeting of September 8, ?005 Public Hearing of September 8, 2005, re: Bill No. 2139 CUMMUNICATIUNS: C 2005-321 Communication (08/29/2005) from the Chief, Engineering Division, transmitting for Council approval, a traffic resolution deleting a school bus stop on Laukona Street at its intersection with Ho`ohuki Street, and establishing a school bus stop on the easterly shoulder of Laukona Street, 283 feet north from its intersection with Ho`ohuki Street. (See Resolutioru No. 2005-55) C 2005-822 Communication (08/08/2005) from the Director of Personnel Services, transmitting for Council information, the third quarterly report (January - March) relative to vacancies, established positions, new hires, reallocations and promotions. (Confi.denti.al reports on file iar fire County Clerk's nffi.ce.) C 2005-323 Commnunication (08/12/2005) from the Director, Offices of Community Assistance, transmitting for Council consideration, amendments to Chapter 19 of the Iiaua`i County Code 1987, relating to camping at Lydgate Park. (See Proposed Draft Bill No. 2149) Council Meeting Agenda 2 September 22, 2005 C 2005-824 Communication (08/26/2005) from the Council Chair, requesting that the Administration and contractor provide an update of the Ulohena Bridge Project at the September 22, 2005 Council meeting, that includes traffic statistics specifically for Iiainahola Road. (~' 2005-325 Commnunication (08/03/2005) from the Chief of Police, requesting Council approval to accept a donation from Mr. Larry Bowman of Falko Partners, LLC, of a firearm and accessories worth approximately $15,000.00. (~' 2005-326 Commnunication (08/25/2005) from the Director, Offices of Coimnunity Assistance, requesting Council approval to purchase one (1) color printer for approximately $3,000 with funds that are currently available in the Offices of Coimnunity Assistance. C 2005-827 Communication (08/30/2005) from the Prosecuting Attorney, requesting Council approval to receive and expend State Asset Forfeiture Funds in the amount of $4,669.00 to purchase seven (7) inPURSUIT Law Enforcement Records Management System (RMS) user workstation licenses. C 2005-828 Communication (08/30/2005) from the Prosecuting Attorney, requesting Council approval to expend Federal Asset Forfeiture Funds in the amount of $15,369.00 to purchase the following software and hardware equipment items: 1. Seven (7) inPURSUIT Law Enforcement Records Management System (RMS) user workstation licenses - $4,669.00 2. Four (4) computers (replacing computers purchased in 1999) - $10,000.00 3. One (1) all-in-one scanner/printer/copier/fax machine - $700.00 (~' 2005-329 Commnunication (09/01/2005) from the Chief of Field Operations and Maintenance, Department of Public Works, requesting that the section of Olohena Road between Hauiki Road and Iiaapuni Road be added to the Island Wide Road Resurfacing List for FY 03-04 (Contract No. 7138), for an estimated County share of $200,000. Council Meeting Agenda 8 September 22, 2005 C 2005-330 Communication (09/03/2005) from the Executive on Housing, requesting Council approval to sell a 55-year leasehold interest in the property located at 5178 home Street, Kapa`a, Hawaii, for $202,000.000, under agent-to-Own Agreement, and to authorize the Oounty (~'lerk to sign documents related to this transaction. (~' 2005-331 Ooimnunication (09/13/2005) from the (~'hief of Field Operations and Maintenance, Department of Public Works, requesting Oouncil approval to apply for, receive, and expend $2,000,000 of the $2,200,000 allocated by Act 178 passed by the State Legislature of 2005, at its regular session, for the repair and maintenance of roads in the Oounty of haua`i. (~' 2005-332 Ooimnunication (09/14/2005) from the (~'hief of Field Operations and Maintenance, Department of Public Works, requesting Oouncil approval to amend the list of equipment approved for purchase in the FY 2006 (_~~erating Budget, by substituting the purchase of a boom and flail tractor for a tractor shredder. C 2005-337 Request (09/09/2005) from the Ufflce of the County Attorney for authorization for an additional expenditure of up to $100,000 from the special counsel account for counsel to continue to provide the County with legal and technical advice on bond matters. CLAIMS: C 2005-333 Communication (09/01/2005) from the County Clerk transmitting a claim filed against the Oounty of Iiaua`i by Gregory Ii. Yap, Resident Manager of Iialapaki Villas, for damages to Iialapal~ Villas property, pursuant to Section 23.06, (~'harter of the Oounty of haua`i. (~' 2005-334 Ooimnunication (09/08/2005) from the Deputy Oounty (~'lerk, transmitting a claim filed against the Oounty of Iiaua`i by Ervin Ferguson III, for personal injuries, pursuant to Section 23.06, (~'harter of the Oounty of Iiaua`i. Council Meeting Agenda 4 September 22, 2005 C 2005-335 Communication (09/08/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Iiaua`i by Ervin Ferguson IV, for personal injuries, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2005-336 Commnunication (09/09/2005) from the Deputy County Clerk, transmitting a claim filed against the County of Iiaua`i by William and Sharon McCully, for personal injuries, pursuant to Section 23.06, Charter of the County of I~aua`i. COMMITTEE REPORTS: ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-7: on C 2005-Z90 Communication (08/04/Z005) from the Fire Chief, requesting Council approval to change four (4) budgeted lifeguard positions at 19 hours per week, to four (4) lifeguard positions at 'ZO hours per week with benefits. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-15: on C 2005-304 Communication (08/ 10/Z005) from Ryan Nishikawa, Chief of Field Operations and Maintenance, Department of Public Works, transmitting for Council approval, the Island Wide Resurfacing list for Fiscal Year 2006. [Approved.] RESOLUTIONS: Resolution No. 2005-53, RESOLUTI( )N SUPPORTING THE Imo'( )T( PR( )TOCOL AND THE U.S. MAY( )RS CLIMATE PR( )TECTI( )N AGREEMENT (Deferred 9/08/2005) Resolution No. 2005-55, RESOLUTION AMENDING RESOLUTION NO. 197 (1980) BY DELETING AN EXISTING SCHOOL BUS STOP ON LAUD( )NA STREET, LIHU`E DISTRICT AND ESTABLISHING A NEW SCHc_)c_)L BUS STc_)P )N LAUD( )NA STREET, LIHU`E DISTRICT Council Meeting Agenda 5 September 22, 2005 BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2149 - A BILL F(_)R AN ORDINANCE AMENDING SECTIc_)N 19-2.1 AND ADDING A NEW ARTICLE Tc_) CHAPTER 19 OF THE I~AUA`I COUNTY CODE 1987. RELATING TO CAMPING AT LYDGATE PARK EYECUTIVE 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). (Confiderutial r~epor~ts oru file tiro the Couruty Attor~rrey's Office cirud/or~ the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cir~e closed to the public.) ES-191 Pursuant to Haw. Rev. Stat. §§92-4, 92-5(a)4, and 92-5(a)6, the purpose of this executive session is to consult with the County's legal counsel and Police Department representative(s) regarding the status of a claim filed by Ervin Ferguson III for personal injuries. 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-192 Pursuant to Haw. Rev. Stat. §§92-4, 92-5(a)4, and 92-5(a)6, the purpose of this executive session is to consult with the County's legal counsel and Police Department representative(s) regarding the status of a claim filed by Ervin Ferguson IV for personal injuries. 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-198 Pursuant to Haw. Rev. Stat. §§92-4, 92-5(a)4, and 92-5(a)6, the purpose of this executive session is to consult with the County's legal counsel and Police Department representative(s) regarding the status of a claim filed by William and Sharon McCully for personal injuries. 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. ADJOURNMENT. Council Meeting Agenda 6 September 22, 2005 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 will reconvene to complete any unfinished business. Btll No. 2141 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATIONBONDS OF THE COUNTY OF KAUA `I FOR THE PURPOSE OF FINANCING CERTAIN CAPITAL PUBLIC INIPROTTEMENTS AND REFUNDING CERTAINPRIOR BONDS OF THE COUNTY, FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAINOTHER DETAILS OF SUCHBONDSAND PROTTIDING FOR THE SALE OF SUCHBONDS TO THE PUBLIC Btll No. 2142 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER SA, KAUA `I COUNTY CODE 1987, RELATING TO THE HOME EXEMPTION Btll No. 2144 -A BILL, FOR AN ORDINANCE ADDING A NEW SECTION TO CHAPTER SA, KAUA `I COUNTY CODE 1987, RELATING TO DEDICATION OF REAL PROPERTY NOT TO BE SOLD FOR TENYEARS Ball No. 2145 - A BILL, FOR AN ORDINANCE AMENDING CHAPTER SA, KAUA `I COUNTY CODE 1987, RELATING TO LIMTIATION OF TAXES ONPROPERTY USED FOR LONG TERMAFFORDABLE RENTAL Ball No. 2146 - A BILL, FOR AN ORDINANCE AMENDING SECTION SA-11.4(e), RELATING TO REAL PROPERTY TAXATION Ball No. 2147 - A BILL, FOR AN ORDINANCE AMENDING CHAPTER SA, KAUA `I COUNTY CODE, 1987, RELATING TO TAXRELIEF FOR RESIDENTIAL HO~~IEDWNERS Ball No. 2148 - A BILL, FOR AN ORDINANCE AMENDING SECTION SA-11.4(d), RELATING TO REAL PROPERTY TAXATION 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 NIEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.