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Home My WebLink About2004-01-29 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JANUARY 29, 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: Public Hearing of January 15, 'Z004, re: Bills Nos. 'Z09'Z, 'Z093, and 'Z094 COMMUNICATIONS: C 'Z004-33 Communication (01/ 15/'Z004) from Councilmember JoAnn A. Yukimura, transmitting for Council consideration and approval, a bill aniending Section 5-1.1 of the Kauai County Code 1987, relating to the county fuel tax, and a resolution which exempts the biodiesel fuel tax rate per gallon. (See Proposed Draft Bill No. 2097, arid Resolution No. 2004-06) C'Z004-34 Communication (O1/05/'Z004) from Mayor Bryan J. Baptiste, transmitting the detailed and summary reports of the County of Kauai's CIP for FY 'Z004-05 to FY'Z009-10. (Reports on file in the County Clerk's Office) C'Z004-35 Communication (O1/06/'Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of December. C 'Z004-36 Communication (01/08/'Z004) from the Director of Finance, transmitting Financial Reports--Month Ending November 30, 2003 (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 Cleric's Office). Council Meeting Agenda Z January 'Z9, 'Z004 C'Z004-37 Communication (O1/08/'Z004) from Councihuember JoAnn A. Yukimura, requesting agenda time at the January 'Z9, 'Z004 Council meeting for David J. Thompson, author of the longitudinal study of the Dos Pinos Housing Cooperative, the first non-subsidized limited equity co-op housing in the United States, to share his knowledge and experience with those who are interested in promoting affordable housing on Iaua`i. C 'Z004-38 Communication (O1/ 16/'Z004) from Councilmember Mel Rapozo, requesting that the Deputy County Engineer be present at the January 'Z9, 'Z004 Council meeting, to update the Council on the Vidinha Stadium master plan and extension. C'Z004-39 Communication (1'Z/'Z4/'Z003) from the Chief of Police, requesting Council approval to accept a donation from Mr. Larry Bowman, of a new dog to the Police Department, and the costs associated with the training of the new dog and its handler. C'Z004-40 Communication (O1/07/'Z004) from the Kauai War Memorial Convention Hall Manager & Ho`olokahi Coordinator, requesting Council approval of a $3,000 grant to the Kapa`a Business Association, to purchase materials for a new chain link fence at Gore Park, located in the Handley Heights Subdivision at the intersection of Kawaihau Road and Mimilo Road in Kapa`a. C'Z004-41 Communication (O1/08/'Z004) from the Iaua`i War Memorial Convention Hall Manager & Ho`olokahi Coordinator, requesting Council approval to accept a donation of 100 pairs of Brown Brotherhood Full Leather Gloves from Mr. Saburo Yoshioka of Ialaheo, valued at approximately $1,000, which will be used by Iaua`i Community Correctional Center inmates when they work at the Lihu`e Gateway Beautification Project on Fridays. Council Meeting Agenda 3 January 'Z9, 'Z004 C'Z004-4'Z Communication (O1/1'Z/'Z004) from the Director, Office of Economic Development, requesting Council approval of the following: 1. to apply for, receive and expend approximately $69,8'Z5.00 in grant funds from the State Department of Business Economic Development and Tourism's Energy Resources and Technology Division, and Z. the indemnification and defense section of the contract with the State. C 'Z004-43 Communication (01/ 1'Z/'Z004) from the Chief of Police, requesting Council approval to accept a donation of a used refrigerator and electric range from Recruit Police Services Officer Mark T. Stulpe, which will be used in the employee lounge. C'Z004-44 Communication (1'Z/30/'Z003) from the Mayor, transmitting for Council confirmation, his re-appointment of Randal Nishimura, Z"~t term, to the County Planning Commission. C 'Z004-45 Communication (O1/ 1'Z/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Winnie Lu, to the County Board of Ethics. C 'Z004-46 Communication (01/ 1'Z/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Benjamin E. Lizama, to the Cormty Board of Review. CLAIMS: C 'Z004-47 Communication (01/05/'Z004) from the Cormty Clerk, transmittuig a claim filed against the County of Kauai by Uasi Musika, for personal injuries, pursuant to Section'Z3.06, Charter of the Cormty of Iaua`i. COMMITTEE REPORTS: (SEE ATTACHMENT) Council Meeting Agenda 4 January 'Z9, 'Z004 RESOLUTIONS: Resolution No. 'Z004-06, RESOLUTION DE'T'ERMINING THE COUNTY OF IAUA`I FUEL TAX RATE AND REPEALING RESOLUTION NO. 'Z'Z-99 Resolution No. 2004-07, RESOLUTION AMENDING RESOLUTION NO. 'Z000-'Z8 APPOINTING A NEW MEMBER TO THE CIVIL SERVICE COMMISSION TO FILL AN UNEXPIRED PARTIAL TERM (Suzanne Aguiar, Partial Tei1u) Resolution No. 2004-08, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BUILDING BOARD OF APPEALS (Philip Panquites, III, Second Term) Resolution No. 2004-09, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Josephine A. Sokei, Second Term) BILL FOR FIRST READING: Proposed Draft Bill No. 'Z097 - A BILL FOR AN ORDINANCE TO AMEND SECTION 5-1.1, IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY FUEL TAX BILLS FOR SECOND READING: Bill No. 'Z093 - 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 GENERAL FUND ($1'Z7,600 Real Property) Bill No. 'Z09'Z - 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 CRIMINAL ASSETS FORFEITURE FUND ($300,000 CAD/RMS system) Council Meeting Agenda 5 January 'Z9, 'Z004 Bill No. 'Z094 - 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 GENERAL FUND ($51,114 Open Space/Public Access Contract Position) 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.) 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. Council Meeting Agenda 6 January 'Z9, 'Z004 (ATTACHMENT) COMMITTEE REPORTS FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR20041: on C'Z004-'Z5 Communication (1'Z/10/'Z003) from the Director of Finance, transmitting the Administration's recommendation to aniend Bill 'Z08'Z, Draft 'Z relatuig to Taxicabs, by deleting Section 'Z3-1.7(6) Rate 'Z in its entirely. [Received for the record.] CR-F/IGR 20042: on Bill No. 'Z093 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, 'Z003 THROUGH JUNE 30, 'Z004, BY REVISING THE SLJRPLLJS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($1'Z7,600 Real Property) [Approved.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2004-1: on Bill No. 'Z09'Z 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 CRIMINAL ASSETS FORFEITURE FUND ($300,000 CAD/RMS system) [Approved.] Council Meeting Agenda PLANNING COMMITTEE REPORTS: CR-PL 20041: on Bill No. 'Z094 CR-PL 20042: on C 'Z004-'Z7 7 January 'Z9, 'Z004 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 GENERAL FUND ($51,114 Open Space/Public Access Contract Position) [Approved.] Communication (1'Z/'Z'Z/'Z004) from Jesse Fukushima, requesting agenda time at the January 15, 'Z004 Council meeting, to discuss the concern of the General Plan and respective development plans not specifically addressing the location of care facilities. [Referred to the Planning Department for their consideration when they update the CZO.]