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Home My WebLink About2004-02-12 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, FEBRUARY 12, 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: Regular Meeting of January 15, 'Z004 Executive Meeting of January 15, 'Z004 COMMUNICATIONS C'Z004-48 Communication (0'Z/0'Z/'Z004) from State Representative Hermina M. Morita, requesting agenda time at the February 1'Z, 2004 Council meeting, for Mr. Peter Riggs, Director of the Forum on Democracy & Trade, to make a presentation on the Central American Free Trade Agreement (CAFTA) and its impacts on sugar subsidies and subsequent impacts on Iaua`i's sugar industry. C'Z004-49 Communication (1'Z/30/'Z003) from the Chief of Operations and Construction, Department of Public Works, transmitting for Council approval, a resolution establishing no-parking zones, stop zones, and speed limit zones in the Puhi Industrial Park, located west of the Chiefess Iamakahelei School in Puhi. (See Resolution No. 2004-OS) C 'Z004-50 Communication (01/'Z6/'Z004) from the Council Chair, transmitting for Council consideration and approval, a resolution appointing Patricia Griffin to a second term on the Historic Preservation Review Commission (archaeology designee) as a Council appointee. (See Resolution No. 2004-10) Council Meeting Agenda Z February 1'Z, 'Z004 C'Z004-51 Communication (O1/'Z6/'Z004) from the Engineering Division, Public Works, transmitting for Council consideration, a traffic resolution, which establishes a second school bus stop on Kahiliholo Road. (See Resolution No. 2004-11) C 'Z004-5'Z Communication (0'Z/04/'Z004) from Councilmember Jay Furfaro, transmitting for Council consideration, a resolution, requesting the administration to pursue the acquisition of government roads to preserve public access. (See Resolution No. 2004-1 S) C 'Z004-53 Communication (01/ 14/'Z004) from the Planning Director, transmitting the Planning Commission's recommendation to amend Zoning Condition No. 3 of Ordinance No. PM-'Z44-91 as amended by Ordinances Nos. PM-'Z86-94, PM-307-95, and PM- 336-97, relating to an extension of time to obtain final subdivision approval for a proposed 7-lot subdivision at Kapa`a Homesteads. (Ho Enterprises, Ltd., Applicant) (See Proposed Draft Bill No. 2098) C 'Z004-54 Communication (01/'ZO/'Z004) from the Mayor, transmitting for Council information, his appointment of John Lydgate, to the County Historic Preservation Review Commission as the History Representative. C'Z004-55 Communication (O1/'Z3/'Z004), transmitting for Council information, a correction to the Mayor's re-appouitment of David Helela, as the Planning Representative to the County Historic Preservation Review Commission. C 'Z004-56 Communication (01/'Z 1/'Z004) from the Mayor, transmitting for Council confirmation, his reappointment of Lawrence Chaffin, to the Cotmty Planning Commission. C'Z004-57 Communication (O1/30/'Z004) from the Director, Offices of Community Assistance, requesting Council approval to receive, indemnify, and place five (5) Automated External Defibrillator Units (AED'S) from the American Heart Association of Hawaii, to the Kekaha, Kaumakani, Kalaheo, Hanapepe, and Kilauea Centers. Council Meeting Agenda 3 February 1'Z, 'Z004 C 'Z004-58 Communication (0'Z/0'Z/'Z004) from the Director of Finance, requesting agenda time at the February 1'Z, 'Z004 Council meeting, for a presentation of a new tax model on real property taxes, by the Real Property Task Force. LEGAL DOCUMENTS: C'Z004-59 Communication (O1/'Z6/'Z004) from the Chief, Building Division, Department of Public Works, requesting Council approval of a Grant of Easement, from the County of Iaua`i to Iaua`i Island Utility Cooperative at the Lihu`e Civic Center for installation of a transformer. CLAIMS: C 'Z004-60 Communication (01/'Z7/'Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by David J. Silva, for damage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C 'Z004-61 Communication (01/'Z9/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Michele Zina, for damage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C'Z004-6'Z Communication (O1/30/'Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Cheryl A. White-Ong, for daniage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C 'Z004-63 Communication (0'Z/05/'Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by John L. Teves Jr., for damage to personal property, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. C 'Z004-64 Communication (0'Z/05/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Stanley Earl Irion, for damage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. Council Meeting Agenda 4 February 1'Z, 'Z004 C'Z004-65 Communication (0'Z/06/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Glenda S. Cabulisan, for damage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C'Z004-66 Communication (0'Z/06/'Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Chris Y. Taniura, for damage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. COMMITTEE REPORTS RESOLUTIONS: (SEE ATTACHMENT) Resolution No. 'Z004-05, A RESOLUTION ESTABLISHING NO-PARKING ZONES, STOP ZONES AND SPEED LIMIT ZONES IN THE PUHI INDUSTRIAL PARK, LIHU`E DISTRICT Resolution No. 'Z004-10, RESOLUTION REAPPOINTING MEMBER TO THE HISTORIC PRESERVATION REVIEW COMMISSION (County Council Appointee) (Patricia Griffin (Archaeology)) Resolution No. 'Z004-11, RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON IAHILIHOLO ROAD, HANALEI DISTRICT, COUNTY OF IAUA`I Resolution No. 2004-1'Z, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Benjaniin E. Lizania) Resolution No. 2004-13, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Winnie Lu) Resolution No. 2004-14, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Randal Nishimura) Resolution No. 2004-15, RESOLUTION REQUESTING THE ADMINISTRATION TO PURSUE THE ACQUISITION OF GOVERNMENT ROADS TO PRESERVE PUBLIC ACCESS Council Meeting Agenda 5 February 1'Z, 'Z004 BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z098 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-'Z44-91, AS AMENDED BY ORDINANCE NO. PM-'Z86-94, ORDINANCE NO. PM-307-95, AND ORDINANCE NO. PM-336-97, RELATING TO ZONING CONDITIONS ON PROPERTY IN IiAPA`A, IiAUA`I (Ho Enterprises, Ltd., Applicant) BILLS FOR SECOND READING: Bill No. 'Z08'Z, Draft 3 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 'Z3 OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO TAXICABS (The Finance/Intergovernmental Relations Committee recommended approval as amended on 02/05/2004) Bill No. 'Z085 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN IiAPA`A HOMESTEADS, IiAUA`I (Jensen of Hawaii, Inc., Applicant) (The Planning Committee recommended approval on 02/05/2004) Bill No. 'Z086, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN IAPA`A HOMESTEADS, IAUA`I (Jensen of Hawaii, Inc., Applicant) (The Plaririirig Committee recommended approval as amended ori 02/05/2004) 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). (Corifideritial reports ori file iri the County Attorney's Office arid/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-114 Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to approve the County Attorney's recommendation for an additional appropriation for special counsel in Jacauelvn K. Tokashiki vs. Georee Freitas. County of Kauai. et al., Civil No. 0'Z-1-0086 (Fifth Circuit Court) and Jacauelvn K. Tokashiki vs. George Freitas, Civil No. CV 03-00065 ACI/LEI (U.S. District Court). This consultation involves consideration of powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. Council Meeting Agenda 6 February 1'Z, 'Z004 ES-115 Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to approve the County Attorney's recommendation for an additional appropriation for special counsel in Waldorf Roy Wilson II v. George Freitas, et al., Civil No. 0'Z-1- 014'Z (Fifth Circuit Court, State of Hawaii) and Alvin M. Seto v. Geor>?e Freitas, et al., Civil No. 03-00'Z59 MEA LEK (U.S. District Court of Hawaii), and related matters. This consultation involves consideration of powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT. 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. Resolnr6orn No. ?004-01 - RESOLE ~TIONPROPOSING A CK9RTER _-LLfENDAfENT TO_-IILOYG'AfEPiBERS OF B09RDS_4ND COALLfISSIONS UNDER AL4FOR-COUNCIL .9PPOINTALENT PROCESS TO .9PPOINT AFORE TK4N ONE .9DDTTION9L. AIEABER R~oposed DraftBi77 No. 2095 AN ORDINANCE ANIENDINCU ORDINANCE NO B-2003-610 AS AMENDED, RELATINGU TO THE OPERATING BUDGET FOR THE COLrNTP OF t~r?LA'I, STATE OF HAYGe?I'I FOR THE FISCAL IFAR JC7LP 1, 2003 THROUC;H .TUNE 30, 2004, BI' REVLSINC; THE SIIRPLI7.S AND APPROPRIATIONS ESTIMATED IN THE C;ENERAL Ft rND ($32',6'O.OOPo7ice sa7m~ies) R~oposed Draft Bi77 No. 2061 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, ARTICLE 2, L:4UA7 COI7IJTP CODE 198', RELATING TO REQUIf2EALENTS_9ND STANDARDS FOR SUBDI[7SIONS Proyoserl Droft Brll No. 2096 - A BILL FOR AN ORDINANCE TO _-LLfEND CK9PTER 9, _9RTICLE 2, h:4U47 COL~NTF CODE 198', RELATINGU TO REOUIRFvLIENTS AND STANDARDS FOR SI_BDB~LSION.S (Plarming Crnnmission's Recrnmnendafion) For complete uiformation, uicluduig 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 t_iffice as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on ury item which has been posted in advance incompliance with the Siuishine 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 7 February 1'Z, 'Z004 (ATTACHMENT) FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 20043: on Bill No. 'Z08'Z, Draft 'Z A BILL FOR AN ORDINANCE AMENDING CHAPTER 'Z3 OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO TAXICABS [Approved as amended.] ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-ED 2004-1: on ED 'Z004-1 Communication (1/'Z3/'Z004) from Council Vice Chair James Iunane Tokioka, requesting agenda time for Ruth Corn of the Hawaii Business Research Library on Maui to make a presentation relatuig to research services. [Received for the record.] PLANNING COMMITTEE REPORTS: CR-PL 20043: on Bill No. 'Z085 A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN IAPA`A HOMESTEADS, IAUA`I (Jensen of Hawaii, Inc., Applicant) [Approved.] CR-PL 20044: on Bill No. 'Z086 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN IAPA`A HOMESTEADS, IAUA`I (Jensen of Hawaii, Inc., Applicant) [Approved as amended.]