HomeMy WebLinkAbout2004-01-15 agendaCOUNCIL MEETING NOTICE and AGENDA
THURSDAY, JANUARY 15, 2004
1:00 P. M., OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4396 Rice Street, Room 'ZO 1
Lihu`e, Iaua`i, Hawaii
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council:
Mid-Month Meeting of November 'Z6, 'Z003
Regular Meeting of December 8, 'Z003
Executive Meeting of December 8, 'Z003
Public Hearing of November 'Z6, 'Z003, re:
Public Hearing of December 11, 'Z003, re:
and 'Z091
COMMUNICATIONS:
Bills Nos. 'Z085 and 'Z086
Bills Nos. 'Z088, 'Z089, 'Z090,
C'Z004-O1 Communication (1'Z/'Z'Z/'Z003) from Councilmember JoAnn A.
Yukimura, transmitting a resolution proposing a charter
aniendment to allow members of boards and commissions
under the Mayor-Council appointment process to appoint more
than one (1) additional member. (See Resolution No. 2004-I)
C'Z004-0'Z Communication (O1/05/'Z004) from Cesar C. Portugal,
Engineering Division, transmitting a resolution for Council
approval, establishing a school bus stop on Pai Street. (See
Resolution No. 2004-2)
C 'Z004-03 Communication (01/09/'Z004) from the Council Chair,
transmitting a resolution for Council consideration and
approval, appointing Matilda A. Yoshioka to the Salary
Commission as a Council appointee. (See Resolution
No. 2004-4)
Council Meeting Agenda Z January 15, 'Z004
C'Z004-04 Communication (1'Z/'Z'Z/'Z003) from the Director of Finance,
transmitting a bill for Council approval, appropriating
$3'Z7,670.00 for the increase in police salaries, by revising the
surplus and appropriations estimated in the General Fund.
(See Proposed Draft Bill No. 2095)
C'Z004-05 Communication (1'Z/'Z6/'Z003) from the Planning Director,
transmitting the Planning Commission's recommendations and
draft proposal on Bill No. 'Z061, relating to requirements and
standards of subdivisions. (Staff Reports and Public Hearing
transcripts of August 12, 2003, arid August 26, 2003 ori file iri
the County Cleric's Office.) (See Proposed Draft Bill No. 2096
C'Z004-06 Communication (1'Z/11/'Z003) from the Director of Finance,
transmitting Financial Reports--Month Ending October 31,
2003 (Copies of Detailed Budget Report (Listing), Statement of
Revenues-Estimated and Actual (Listing), Statement of
Expenditures and Encumbrances (Listing), and Revenue Report
(Listing), and on file in the County Cleric's Office).
C 'Z004-07 Communication from the Chief, Building Division, transmitting
the Monthly Report on Building Permit Information for the
month of November.
C 'Z004-08 Communication (1'Z/ 1'Z/'Z003) from the Solid Waste Program
Administrator, submitting for Council information, the monthly
report from Island Recycling, Inc. for the month of November
2003.
C'Z004-09 Communication (1'Z/30/'Z003) from the Purchasing & Assistant
Contracts Administrator, transmitting for Council information,
the FY 03/04 'Z"d Quarter Statement of Equipment Purchases.
(Report on file in the County Clerk's Office)
Council Meeting Agenda 3 January 15, 2004
CZ004-10 Communication (11/18/Z003) from the Chief of Police,
requesting Council approval to indemnify the University of
Hawaii, for the use of facilities at Honolulu Community College,
and the State Department of Education, for the use of facilities
at Chiefess Kaniakahele Middle School, and Wilcox Elementary
School until December 31, 2004, whenever the Kauai Police
Department and the Department of Personnel Services utilizes
any of those facilities for civil service testing.
C 2004-11 Communication (1'Z/09/Z003) from the Chief of Police,
requesting Council approval to acquire, accept, and use two ('Z)
vehicles forfeited through the Asset Forfeiture Program, which
will be assigned to the Narcotics-Vice Section to be used for
counter-narcotics operations.
CZ004-1'Z Communication (1'Z/11/Z003) from James Iunane Tokioka,
Hawaii State Association of Counties (HSAC) Executive
Committee Board Member, requesting Council approval of the
appointments of Councilmember Aaron Chung (County of
Hawai`i), and Councilmember JoAnn Yukimura (County of
Kauai) to the Board of Advisors for the Hawaii State Judiciary's
Center for Alternative Dispute.
CZ004-13 Communication (1'Z/11/Z003) from James Iunane Tokioka,
Hawaii State Association of Counties (HSAC) Representative,
requesting Council approval of the proposed HSAC Bylaw
amendment, incorporating the HSAC legislative program policy
statement into Section 10 of the Bylaws.
C 2004-14 Communication (1'Z/ 15/Z003) from the Director, Ofl"ices of
Community Assistance, requesting Council approval to receive
and expend $75,963.00 in federal grant funds, from the
Corporation for National Community Service, which will be used
for the continuing operations of the Kauai RSVP (Retired and
Senior Volunteer Program) during the 2004 program year
(January 1, 2004 through December 31, 2004).
CZ004-15 Communication (1'Z/15/Z003) from the Executive Assistant b
the Mayor, requesting Council approval to accept a $100,000
donation from Iaua`i Sports Foundation, which will be used to
pay for the re-grassing of the greens at the Wailua Golf Course
in 2005.
Council Meeting Agenda 4 January 15, 'Z004
C'Z004-16 Communication (1'Z/15/'Z003) from the Park Administrator,
requesting Council approval to amend License Agreement No.
446 with the Department of Hawaiian Home Lands, which will
withdraw 3,01'Z square feet of a portion of land from the
licensed area, so Kauai Community College, in collaboration
with an Anahola based community development community
group, can construct a facility to house its community
educational and after-school programs.
C'Z004-17 Communication (1'Z/16/'Z003) from the Mayor, transmitting for
Council confirmation, his appointment of Pauline Ventura, to
the Liquor Control Commission.
C'Z004-18 Communication (1'Z/16/'Z003) from the Mayor, transmitting for
Council confirmation, his appointment of Suzanne Aguiar, to
the County Civil Service Commission.
C'Z004-19 Communication (1'Z/16/'Z003) from the Mayor, transmitting for
Council confirmation, his re-appointment of Phillip Panquites
III, to the County Building Board of Appeals.
C'Z004-'ZO Communication (1'Z/16/'Z003) from the Mayor, transmitting for
Council confirmation, his re-appointments of Curtis Tom, Znd
term, and Josephine Sokei, 'mod term, to the County Board of
Water Supply.
C 'Z004-'Z 1 Communication (1'Z/ 16/'Z003) from the Mayor, transmitting for
Council confirmation, his re-appointment of David Helela, 'Z"d
term, to the County Historic Preservation Review Commission
as the Hawaiian Culture Representative.
C'Z004-'Z'Z Communication (1'Z/04/'Z003) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend
$48,150.00 in federal fiords for the Domestic Violence
Prosecution project from December 1, 'Z003 through November
30, 'Z004.
Council Meeting Agenda 5 January 15, 2004
CZ004-'Z3 Communication (1'Z/11/Z003) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend
$48,580.00 in federal funds for the Juvenile Accountability
Incentive Block Grant (JAIBG), to commence January 1, 2004
through December 31, 2004, which will be utilized to
administer the Teen Court Program under Hale `Opio.
C 2004-'Z4 Communication (O1/09/Z004) from the Director, Office of
Economic Development, requesting Council authorization to:
1. apply for, receive, and expend grant funding of $400,000
per year from the County Product Enrichment Program of
the CY Z004, 2005, 2006 Hawaii Tourism Authority,
contingent upon the availability of funds each year, and
Z. have the County of Kauai indemnify, defend, and save
harmless the STATE, its officers, agents, and employees
from and against all manner of activities and claims
arising, either directly or indirectly out of or resulting
from the negligence, eil~ors, omissions or acts of the
County, its officers, agents or employees occurruig during
or in connection with the performance of the County's
services in conjunction with this grant program, and the
County shall defend the STATE against any such action
or claim that does not involve an act or omission solely of
the STATE, its officers, agents or employees.
CZ004-'Z5 Communication (1'Z/10/Z003) from the Director of Finance,
transmitting the Administration's recommendation to aniend
Bill Z08Z, Draft 'Z relating to Taxicabs, by deleting Section
Z3-1.7(6) Rate 'Z in its entirely.
C 2004-'Z6 Communication (O1/09/Z004) from the Council Chair,
requesting the Administration be present at the January 15,
2004 Council meeting to provide an update and status of video
production and real-tune captioning contracts for the County
public access television broadcasts.
C 2004-'Z7 Communication (1'Z/'Z'Z/'Z004) from Jesse Fukushima,
requesting agenda tune at the January 15, 2004 Council
meeting, to discuss the concern of the General Plan and
respective development plans not specifically addressing the
location of care facilities.
Council Meeting Agenda 6 January 15, 2004
C 2004-'Z8 Communication (1'Z/31/Z003) from the Council Chair,
requesting Council agenda time at the January 15, 2004
Council meeting, for Mr. Harold Naumu of "Waste to Energy
Incorporated," to present information regarding a plasma
technology system that is used to process municipal solid
waste.
C T.ATMS•
C 2004-'Z9 Communication (1'Z/04/Z003) from the County Clerk,
transmitting a claim filed against the County of Iaua`i by
Malcolm C. Fernandez, for damage to his rental vehicle, and
loss of personal property, pursuant to Section 23.06, Charter of
the County of Kauai.
C 2004-30 Communication (1'Z/09/'Z003) from the Cotmty Clerk,
transmitting a claim filed against the County of Kauai by Alison
Sanchez, for daniage to her vehicle, and personal injuries,
pursuant to Section 23.06, Charter of the Cotmty of Iaua`i.
C 2004-31 Communication (1'Z/09/Z003) from the County Clerk,
transmitting a claim filed against the Cotmty of Iaua`i by
Susana Iaskolk-Rick, President, Iountry Kitchen Restaurant for
loss of revenue, pursuant to Section 23.06, Charter of the
County of Kauai.
C 2004-3'Z Communication (1'Z/30/Z003) from the Cotmty Clerk,
transmitting a claim filed against the County of Kauai by
Charles B. Dorsey of Budget Rent A Car, on behalf of Colette
Valade, for damage to her rented vehicle.
COMMITTEE REPORTS:
RESOLUTIONS:
(SEE ATTACHMENT)
Resolution No. 2004-01, RESOLUTION PROPOSING A CHARTER
AMENDMENT TO ALLOW MEMBERS OF BOARDS AND COMMISSIONS
UNDER MAYOR-COUNCIL APPOINTMENT PROCESS TO APPOINT MORE
THAN ONE ADDITIONAL MEMBER
Council Meeting Agenda 7 January 15, 2004
Resolution No. 2004-0'Z, RESOLUTION ESTABLISHING A SCHOOL BUS
STOP ON PAI STREET, IOLOA DISTRICT, COUNTY OF IAUA`I
Resolution No. 2004-03, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Leon Gonsalves, Sr., First
Term)
Resolution No. 2004-04, RESOLUTION AMENDING RESOLUTION NO.
2003-'Z5 APPOINTING A NEW MEMBER TO THE SALARY COMMISSION TO
FILL AN UNEXPIRED PARTIAL TERM (County Council Appointee) (Matilda A.
Yoshioka, Partial Term)
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2095 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2003-610 AS AMENDED, RELATING TO THE OPERATING BUDGET
FOR THE COUNTY OF IiAUA`I, STATE OF HAWAII FOR THE FISCAL YEAR
JULY 1, 2003 THROUGH JUNE 30, 2004, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($327,670.00 Police
salaries)
Proposed Draft Bill No. 2061 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 9, ARTICLE 'Z, IAUA`I COUNTY CODE 1987, RELATING TO
REQUIREMENTS AND STANDARDS FOR SUBDIVISIONS (Referred to the
Planning Commission on 10/10/2002)
Proposed Draft Bill No. 2096 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 9, ARTICLE 'Z, IiAUA`I COUNTY CODE 1987, RELATING TO
REQUIREMENTS AND STANDARDS FOR SUBDIVISIONS (Plaririirig
Commission's recommendation)
BILLS FOR SECOND READING:
Bill No. Z08Z, Draft 'Z - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 'Z3 OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING
TO TAXICABS (Deferred 11/26/03)
Council Meeting Agenda 8 January 15, 'Z004
Bill No. 'Z075, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, ARTICLES 8 AND 9, OF THE IAUA`I COUNTY CODE 1987, AS
AMENDED, RELATING TO DESIGNATION OF OPEN SPACE AREAS (Deferred
11 / 26/ 03)
Bill No. 'Z088 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z003-
610 AS AMENDED, RELATING TO THE OPERATING BUDGET AND
FINANCING THEREOF OF THE COUNTY OF IiAUA`I, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 'Z003 THROUGH JUNE 30, 'Z004, BY REVISING
THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HOUSING AND
COMMUNITY DEVELOPMENT FUND ($1,'Z'Z5,000 to Lot Development Program)
(The Community Assistance Committee recommended approval orr 01/08/2004)
Bill No. 'Z089 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z003-
610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1,
2003 THROUGH JUNE 30, 'Z004, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE IiALEPA HOUSING FUND (The
CommurrityAssistarrce Committee recommended approval orr 01/08/2004)
Bill No. 'Z090 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z003-
610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1,
2003 THROUGH JUNE 30, 'Z004, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE PA`ANAU HOUSING FUND (The
Community Assistance Committee recommended approval orr 01/08/2004)
Bill No. 'Z091 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z003-
610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF IiAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1,
2003 THROUGH JUNE 30, 'Z004, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE HOUSING REVOLVING FUND
($1,150,000 to Buyback Account) (The Community Assistance Committee
recommended approval orr 01/08/2004)
EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") ~9'Z-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. ~9'Z-4 and shall be limited to those items described in H.R.S. ~9'Z-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.)
Council Meeting Agenda 9 January 15, 2004
ES-106 Pursuant to Haw. Rev. Stat. Sections 9'Z-4 and 9Z-5(a)(4), the
purpose of this executive session is to consult with the County's
legal counsel who will give the Council an update of County of
Kauai vs. James Pflue~er, et al., Civil No. 0'Z-1-0160, and to
discuss a proposed settlement offer in that case. 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. (Deferred 11/26/2003)
ES-109 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of
this executive session is to consult with the County's legal counsel
for purposes of requesting Council approval of a proposed
settlement of a workers compensation claim. This consultation
involves consideration of the powers, duties, privileges,
immunities, and/or liabilities of the Council and the Cotmty as
they relate to this agenda item. (Deferred 12/08/2003)
ES-11'Z Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of
this executive session is to request approval to settle a workers'
compensation case. This consultation involves consideration of
the powers, duties, privileges, immunities and/or liabilities of the
Council and the Cotmty as they relate to this agenda item.
ES-113 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4) the purpose of
this executive session is to peiluit the Council to consult with legal
counsel on questions and issues relating to an outstanding legal
obligation potentially due to the Cotmty. 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 10 January 15, 2004
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.
R~oposed Draft Bi77 No. 2092 AN ORDINANCE ANIENDINCU ORDINANCE NO B-2003-610AS AMENDED, REZATINCU TO
THE OPERATING BLzDGET OF THE COLzNTP OF t~r?LA'I, STATE OF HAYGe?I'I, FOR THE FISCAL. PEAR JL7LP 1, 2003
THROUC;H .ILzNE 30, 2004, BI' REVLSINC; THE SI7RPLI7.S AND APPROPRIATIONS ESTIMATED IN THE CRIMINAL
A.S.SETS FORFEITL7RE FL7ND ($300, 000 CAD/RNLS system)
R~oposed Ih~aft Bi77 No. 2093 - AN ORDINANCE ANIENDINCU ORDINANCE NO B-2003-610 AS AMENDED, REZATINCU TO
THE OPERATING BLzDGET OF THE COLzNTP OF hi1LA'I, STATE OF HAYG2?I'I, FOR THE FISCAL. IFAR JL7LP 1, 2003
TFIf20I7C;H.ILzNE 30, 2004, BI' REVLSINC; THE SI7RPLI7.SAND APPROPRIATIONS ESTIMATED IN THE C;ENERAL FLzND
!$12',600Real Proyerty)
R~oposed Draft Bi77 No. 2094 AN ORDINANCE ANIENDINCU ORDINANCE NO B-2003-610AS AMENDED, REZATINCU TO
THE OPERATING BLzDGET AND FINANCING THEREOF OF THE COLzNTP OF t~r?LA'I, STATE OF HAYGe?I'I, FOR THE
FLSC 9L PEAR JC7LP 1, 2003 THROIICUH JCzNE 30, 2004, BP REPLSINCU THE SI7RPLILS AND APPROPRIATIONS
ESTIMATED INTHE GENERAL FLzND l551,1140yera SyacezPa~blzc Access Corah~acz Poszzzor{)
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 i office as required by law NotwitlLStuiding this Council Agenda, the Coiuicil may hold a public hearing on
any item which has been posted in advance incompliance 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,
4396 RICE STREET, ROOM 206, LIHU`E, KAUAI.
TELEPHONE NO. 241-6371.
Council Meeting Agenda 11 January 15, 'Z004
(ATTACHMENT)
COMMITTEE REPORTS
COMMUNITY ASSISTANCE COMMITTEE REPORTS:
CR-CA 2004-1: on Bill No. 'Z088
AN ORDINANCE AMENDING ORDINANCE
NO. B-'Z003-610 AS AMENDED,
RELATING TO THE OPERATING BUDGET
AND FINANCING THEREOF OF THE
COUNTY OF IAUA`I, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 'Z003
THROUGH JUNE 30, 'Z004, BY REVISING
THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE HOUSING AND
COMMUNITY DEVELOPMENT FUND
($1,'Z'Z5,000 to Lot Development Program)
[Approved.]
CR-CA 2004-2: on Bill No. 'Z089
CR-CA 2004-3: on Bill No. 'Z090
AN ORDINANCE AMENDING ORDINANCE
NO. B-'Z003-610 AS AMENDED,
RELATING TO THE OPERATING BUDGET
OF THE COUNTY OF IiAUA`I, STATE OF
HAWAII, FOR THE FISCAL YEAR JULY 1,
2003 THROUGH JUNE 30, 'Z004, BY
REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE
IiALEPA HOUSING FUND
[Approved.]
AN ORDINANCE AMENDING ORDINANCE
NO. B-'Z003-610 AS AMENDED,
RELATING TO THE OPERATING BUDGET
OF THE COUNTY OF IAUA`I, STATE OF
HAWAII, FOR THE FISCAL YEAR JULY 1,
2003 THROUGH JUNE 30, 'Z004, BY
REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE
PA`ANAU HOUSING FUND
[Approved.]
Council Meeting Agenda
CR-CA 2004-4: on Bill No. 'Z091
1'Z January 15, 'Z004
AN ORDINANCE AMENDING ORDINANCE
NO. B-'Z003-610 AS AMENDED,
RELATING TO THE OPERATING BUDGET
OF THE COUNTY OF IiAUA`I, STATE OF
HAWAII, FOR THE FISCAL YEAR JULY 1,
2003 THROUGH JUNE 30, 'Z004, BY
REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE
HOUSING REVOLVING FUND
($1,150,000 to Buyback Account)
[Approved.]
PARKS 8s PUBLIC WORKS COMMITTEE REPORTS:
CR-PPW 2004-1: on PPW 'Z004-1 Communication (1'Z/'Z'Z/'Z003) from Mayor
Bryan J. Baptiste, submitting a grant
proposal for the YWCA/Friends of
Kanialani and Lydgate Park.
[Approved.]
CR-PPW 2004-2: on C 'Z003-34'Z
Communication (10/08/'Z003) from the
Chief of Operations and Construction,
Department of Public Works, transmitting
information about the Ialama Bridge
located on Pu`~i`opae Road in the Wailua
Homesteads.
[Received for the record.]
COMMITTEE OF WHOLE REPORTS:
CR-W 2004-1: on W 'Z004-1
Communication (1/'Z/04) from Council
Chair Bill "Kaipo" Asing, requesting an
update and status report on the video
production and real-time captioning
contracts for the County public access
television broadcasts.
[Received for the record.]
CR-W 2004-2: on W 'Z004-'Z
Communication (1/'Z/04) from Council
Chair Bill "Iaipo" Asing, requesting that
the Administration be present to discuss
the Mayors "Ka Leo (~ Kaua`i" program
and Papa`a Road beach access.
[Received for the record.]