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Home My WebLink About2004-03-31 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 31, 2004 1:00 P. M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Mid-Month Meeting of February 'Z5, Z004 Special Council Meeting of March 4, 2004 Regular Meeting of March 11, 2004 Public Hearing of March 11, 2004, re: Bills Nos. 2098 and 2097, and Resolution No. 2004-06 COMMUNICATIONS: C 2004-98 Communication (03/ 15/Z004) from the Mayor, submitting his FY 2004-2005 budget message, along with his proposed operating budget and capital improvements budget. (Detailed Line Item on file in the County Clerk's Office.) (See Resolution No. 2004-19 arid Proposed Draft Bills No. 2101 arid No. 2102) C 2004-99 Communication (0'Z/'Z5/Z004) from the Executive on Housing, transmitting for Council approval, a resolution authorizing the filing of the 2004 Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 2004 HOME Investment Partnerships Program projects. (See Resolution No. 2004-22) C 2004-100 Communication (0'Z/'Z5/Z004) from the Executive on Housing, transmitting for Council approval, a resolution authorizing the filing of the 2004 Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 2004 Community Development Block Grant (CDBG) projects. (See Resolution No. 2004-23) Council Meeting Agenda Z March 31, 'Z004 C 'Z004-101 Communication (03/ 14/'Z004) from the Executive on Housing, transmitting for Council approval, a resolution recognizing April 1'Z-18, 'Z004, as National Community Development Week 'Z004. (See Resolution No. 2004-26) C'Z004-10'Z Communication (0'Z/'Z3/'Z004) from James Y. Nakayama of Barns Yee Murakami 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 Inteilial Accounting Controls and Efficiency Report for the year ended June 30, 'Z003. (Reports on file in the County Cleric's Office) C'Z004-103 Communication (03/O1/'Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of February. C'Z004-104 Communication (03/'Z4/'Z004) from the Council Chair, requesting that the Deputy County Engineer be present at the March 31, 'Z004, Council meeting to provide an update on the status of the Kilauea Gym roof and floor repairs, and to respond to a previous inquiry dated March 5, 'Z004 from Councilmember Furfaro. C'Z004-105 Communication (03/04/'Z004) from fire Director of Finance, transmitting Financial Reports--Month Ending January 31, 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). C'Z004-106 Communication (03/04/'Z004) from the Director of Finance certifying that the unreserved undesignated fund balance for the fiscal year ending June 30, 'Z003, is true and correct to the best of his knowledge. C'Z004-107 Communication (03/05/'Z004) from the Manager and Chief Engineer, Department of Water, requesting agenda time to brief the Council on the current activities and status of the Department. Council Meeting Agenda 3 March 31, 'Z004 C'Z004-108 Communication (0'Z/'Z5/'Z004) from the Executive on Housing, requesting Council approval to defend, indemnify and hold harmless the Housing and Community Development Corporation of Hawaii (HCDCH), in their approval of the County's Prograni Description to use FY 'Z00'Z and FY 'Z003 HOME set-aside funds for the KEO Transitional Housing Project. C'Z004-109 Communication (0'Z/'Z6/'Z004) from the Director, Offices of Community Assistance, requesting Council approval to include and indemnify the Department of Education's Chiefess Iamakahelei Middle School, Ioloa Elementary School, and Bing Kaumuali`i Elementary School as additional insured for its agreement to use the school's facilities for the operation of our 2004 Summer Enrichment Program from June 'Z 1 through Jrtly 30, 'Z004. C'Z004-110 Communication (03/09/'Z004) from the Director of Economic Development, requesting Council approval to apply for, receive, and expend approximately $10,000 in grant funds from the State Department of Business, Economic Development and Tourism's Energy, Resources, and Technology Division, which will be used to pay for methane testing for the Iekaha Landfill, Phase 'Z to determine the methane potential of the landfill, and to defend, indemnify and hold harmless the State. C 'Z004-111 Communication (03/ 10/'Z004) from the Ho`olokahi Coordinator, requesting Council approval of a $5,000 grant m the Ialawai Youth Baseball Club for the purchase and construction of portable outfield fences for Kalawai Park's baseball fields. C 'Z004-11'Z Communication (03/ 11/'Z004) from the Ho`olokahi Coordinator, requesting Council approval of a $6,000 grant to the Kauai Northshore Lions Club to purchase materials for the repair of the two ('Z) dugouts and backstop at Kilauea Park, and to install an electrical outlet. C'Z004-113 Communication (03/1'Z/'Z004) from the Deputy County Engineer, requesting Council approval to immediately pursue a lease rental of a copy machine for the Division of Wastewater Management. Council Meeting Agenda 4 March 31, 'Z004 C'Z004-114 Communication (03/1'Z/'Z004) from the Executive on Housing, requesting Council review and approval of the revised Section 8 Budget for the Iaua`i County Housing Agency for Fiscal Year 2003-'Z004. C 'Z004-115 Communication (03/ 15/'Z004) from the Executive on Housing, requesting Council authorization to apply for, accept, and expend $69,833.00 of American Dreani Downpayment Initiative funds offered to the Cotmty through the Housing and Community Development Corporation of Hawaii (HCDCH), and to indemnify HCDCH in our receipt of these fiords. C 'Z004-116 Communication (03/ 17/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Jose Diogo to the County Building Board of Appeals, replacing Dixie Daniels as Representative At-Large. C 'Z004-117 Communication (03/ 17/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Lynn McCrory to the County Board of Water Supply, replacing Curtis Tom who has relocated to Maui. LEGAL DOCUMENT: C'Z004-118 Communication (0'Z/'Z5/'Z004) from the Executive on Transportation, recommending Council approval to indemnify the State of Hawaii, Department of Transportation, Airports Division, in exchange for granting the County the privilege of operating bus stops on their property. CLAIMS: C 'Z004-119 Communication (03/ 10/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Ruthie Ii. Palama Rosqueta, for damage to her vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. C 'Z004-1'ZO Communication (03/ 10/'Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Iaua`i by Judith Byfield, for daniage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. Council Meeting Agenda 5 March 31, 'Z004 C 'Z004-1'Z 1 Communication (03/ 1'Z/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Jacquelyn F. Andaya, for damage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C 'Z004-1'Z'Z Communication (03/ 18/'Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Iaua`i by Angela Pupek, for personal injuries, pursuant to Section 'Z3.06, Charter of the County of Kauai. COMMITTEE REPORTS: (SEE ATTACHMENT) RESOLUTIONS: Resolution No. 'Z004-19, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 'Z004 TO JUNE 30, 2005 FOR THE COUNTY OF IiAUA`I Resolution No. 2004-'Z0, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Roy Takatsuki, First Term) Resolution No. 2004-'Z 1, RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENT TO THE BOARD OF ETHICS (Michael Fernandes, Second Term) Resolution No. 'Z004-'Z'Z, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE PLANNING COMMISSION (Lawrence Chaffin, Jr., First Term) Resolution No. 2004-'Z3, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Pauline D. Ventura, First Term) Resolution No. 'Z004-'Z4, RESOLUTION AUTHORIZING THE FILING OF THE IAUA`I COUNTY 'Z004 ACTION PLAN WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE HOME INVESTMENT PARTNERSHIPS ACT AT TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED Council Meeting Agenda 6 March 31, 2004 Resolution No. 2004-'Z5, RESOLUTION AUTHORIZING THE FILING OF THE IAUA`I COUNTY 2004 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-Z4Z), AS AMENDED Resolution No. 2004-'Z6, RESOLUTION RECOGNIZING APRIL 1'Z-18, 2004, AS NATIONAL COMMUNITY DEVELOPMENT WEEK 2004. BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 101 - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2004 TO JUNE 30, 2005 Proposed Draft Bill No. 'Z l0Z - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2004 TO JUNE 30, 2005 BILLS FOR SECOND READING: Bill No. 2098 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-Z44-91, AS AMENDED BY ORDINANCE NO. PM-Z86-94, ORDINANCE NO. AVI-307-95, AND ORDINANCE NO. PM-336-97, RELATING TO ZONING CONDITIONS ON PROPERTY IN IAPA`A, IAUA`I (Ho Enterprises, Ltd., Applicant) (The Plaririirig Committee recommended approval ori 03/18/2004) Bill No. 2096, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, ARTICLE 'Z, IAUA`I COUNTY CODE 1987, RELATING TO REQUIREMENTS AND STANDARDS FOR SUBDIVISIONS (The Planning Committee recommended approval as amended on 03/ 18/2004) 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 Clerk's Office. Discussions held in Executive Session are closed to the public.) Council Meeting Agenda 7 March 31, 2004 ES-1Z0 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 Percy Tabonair v. County of Kauai, Kauai Police Deuartment, et al., Civil No. O 1-1-0054. 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-1'Z 1 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request Council approval to retain special counsel for bond matters. 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. 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 8 March 31, 'Z004 (ATTACHMENT) ENERGY 8s PUBLIC SAFFETY COMMITTEE REPORT: CR-EPS 2004-3: on EPS 'Z004-1 Communication ('Z/'Z5/'Z004) from Alton Miyanioto, President and CEO, Kauai Island Utility Cooperative (IIUC), requesting agenda time to discuss the status of KIUC's renewable energy conservation progranis. [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2004-6: on PL'Z004-1 Communication ('Z/'Z3/'Z004) from JoAnn A. Yukimura, Planning Committee Chair, requesting that Dr. Chip Fletcher, Professor, University of Hawaii and a representative from Maui County, be present to brief the Committee on the problems of shoreline certification and setback. [Received for the record.] CR-PL 2004-7: on Bill No. 'Z098 CR-PL 2004-8: on Bill No. 'Z096 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 IAPA`A, IAUA`I (Ho Enterprises, Ltd., Applicant) [Approved.] A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, ARTICLE 'Z, IAUA`I COUNTY CODE 1987, RELATING TO REQUIREMENTS AND STANDARDS FOR SUBDIVISIONS [Approved as amended.]