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Home My WebLink About2003-08-28 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, AUGUST 28, 2003 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Mid-Month Meeting of July 31, 2003 Executive Meeting of August 13, 2003 COMMUNICATIONS: C 2003-Z51 Communication (08/O1/Z003) from the Fire Chief, transmitting for Council consideration, a bill, which amends Chapter 15A, of the Kauai County Code 1987, relating to fire code enforcement. (See Proposed Draft Bill No. 2080) C 2003-Z5Z Communication (08/05/Z003) from the Deputy County Engineer, transmitting a bill for Council consideration, amending Chapter 19 of the Iaua`i Cormty Code 1987, relating to the Wailua Golf Course's proof of residency requirements. (See Proposed Draft Bill No. 2081) C 2003-Z53 Communication (07/31/Z003) from the Director of Finance, submitting for Council information, the Kauai Humane Society Annual Report for FY 2003. C Z03-Z54 Communication (08/ 14/Z003) from the Director of Finance, submitting for Council information, the annual certified physical inventory for fiscal year ending June 30, 2003. (Report on file in the County Clerk's Office) Council Meeting Agenda Z August 'Z8, Z003 C 2003-Z55 Communication (07/Z3/Z003) from the Deputy County Engineer, requesting Council approval to aniend the Department of Public Works Parks Division Light Equipment line item purchases for FY 2003-2004. C 2003-Z56 Communication (08/O1/Z003) from the Chief of Police, requesting Council approval to accept a two seat golf cart with an electric charger, estimated at $1,500, donated by Kauai Lagoons, which will be assigned to the School Resource Officer at Kapa`a High School. C 2003-Z57 Communication (08/05/Z003) from the Chief of Police, requesting Council approval to apply for, accept and expend grant funds of $13,260.00, appropriated by the State of Hawaii, Department of Health for FY 2003-2004, to be used for the enforcement of prohibiting the sale of alcohol to minors. C 2003-Z 58 Communication (08/ 11/2003) from the Mayor, requesting Council approval to accept a donation of fifty (50) Pocket Place Nantes of Hawaii books to the County, by the Office of Hawaiian Affairs' Trustee Donald Cataluna, estimated at $199.00, and to have a thank you letter sent to Mr. Cataluna for his donation. C 2003-259 Communication (07/31/2003) from Councihuember JoAnn A. Yukimura, requesting that the Deputy Cotmty Engineer and appropriate personnel be present at the September 4, 2003 Parks & Public Works Committee meting, to provide an update on the status of the Lihu`e Civic Center renovations. C 2003-239 Communication (07/ 11/2003) from the Deputy County Engineer, requesting Council approval to apply for, receive and spend federal funding from the Federal Emergency Management Agency Pre-Disaster Mitigation Program competitive grant program for the following projects: 1. Hardening of the Pi`ikoi Building $ 150,000 Z. Relocation of the Kapa`a Fire Station $ 2,170,000 3. GIS-Based Analysis of Permitting $ 167,000 4. Hardening of the Historic County Building $ 150,000 5. Hardening of the Mo`ikeha Building $ 30,000 6. Hardening of the Iapule Building $ 10,000 Council Meeting Agenda 3 August 'Z8, 'Z003 (Referred to the full Council by the Parlcs & Public Worlcs Committee on August 21, 2003) C 'Z003-'Z63 Communication (08/'Z 1/'Z003) from the Council Chair, requesting that the Deputy County Engineer and appropriate personnel be present at the August 'Z8, 'Z003 Council meeting, to provide the Council with information regarding allegations of un-permitted grading activities at a parcel located at Kealia, Iaua`i, and to discuss overall Department of Public Works policies, practices and procedures in relation to violations of Chapter 'Z'Z, Article 7 of the Iaua`i County Code 1987. LEGAL DOCUMENT: C 'Z003-'Z60 Communication (08/06/'Z003) from the Administrative Assistant, recommending for Council approval, a Deed, from Iaua`i Lagoons Resort Company Ltd., conveying Lots 3 and 4 and Easement 5, for additional lands for the Llhu`e Wastewater Treatment Plant. C 'Z003-'Z61 Communication (08/08/'Z003) from the Administrative Assistant, recommending for Council approval, a lease agreement between the County of Iaua`i and the Iaua`i Historical Society, to lease the County Annex Building for a term of thirty (30) calendar years, and to assist the Cormty with archiving County documents. CLAIMS: C 'Z003-'Z 6'Z Communication (08/04/'Z003) from the Cormty Clerk, transmitting a claim filed against the County of Kauai by Russell Blair Bourquin for damage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. COMMITTEE REPORTS: RESOLUTIONS: (SEE ATTACHMENT) Resolution No. 2003-40, RESOLUTION TO CONFIRM MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Reginald P. Gage) Council Meeting Agenda 4 August 'Z8, Z003 BILLS FOR FIRST READING: Proposed Draft Bill No. 2080 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO THE IiAUA`I COUNTY FIRE CODE Proposed Draft Bill No. 2081 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 19 OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO WAILUA GOLF COURSE'S PROOF OF RESIDENCY REQUIREMENTS 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.) ES-83 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 on questions and issues relating to Jacqueline Ii. Tokashiki v. George Freitas, County of Kauai, et al., Civ. No. 0'Z-1-0086 (Fifth Circuit Court), and Jacqueline Ii. Tokashiki v. George Freitas, Civ. No. CV 03- 00065 ACK/LEK. 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-84 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to expend additional funds for special counsel to represent the Cormty of Kauai in various ongoing workers compensation appeals cases. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the Cormty as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 5 August 28, 2003 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. BILL NO. 2077 -A BILL FOR AN ORDINANCE TO AMEND CHAPTER SA, KAUAI COUNTY CODE 1987, RELATING TO THE DEDICATION OF HOME EXEMPTIONPROPERTY TO PERMAIvBNT HOME USE BILL, NO. 2079 - A BILL, FOR AN ORDINANCE AMENDING ORDINANCE NO. 799, RELATING TO RF-A7, 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 MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371. Council Meeting Agenda 6 August 'Z8, Z003 (ATTACHMENT) COMMITTEE REPORTS FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2003-7: on C 2003-Z 37 Communication (07/Z8/Z003) from the Director of Finance, transmitting Financial Reports--Month Ending June 30, 2003. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2003-9: on C 2003-Z34 Communication (07/03/Z003) from the Deputy County Engineer, transmitting the Monthly Report on Building Permit Infoiluation for the month of June. [Received for the record.] CR-PPW 2003-10: on C 2003-Z39 Communication (07/ 11/Z003) from the Deputy County Engineer, requesting Council approval to apply for, receive and spend federal funding from the Federal Emergency Management Agency Pre-Disaster Mitigation Program competitive grant prograni for the following projects: 1. Hardening of the Pi`ikoi Building $ 150,000 Z. Relocation of the Kapa`a Fire Station $2 ,170,000 3. GIS-Based Analysis of Permitting $ 167,000 4. Hardening of the Historic County Build ing $ 150,000 5. Hardening of the Mo`ikeha Building $ 30,000 6. Hardening of the Iapule Building $ 10,000 [Referred to the full Council.] CR-PPW 2003-11: on C 2003-245 Communication (07/28/2003) from the Deputy Cormty Engineer, requesting Council approval to apply for, accept, and expend a National Park Service Land and Conservation Fund grant in the amount of $430,000 to construct the rubberized track at Vidinha Stadium. [Approved.]