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Home My WebLink About2003-09-11 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, SEPTEMBER 11, 2003 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Regular Meeting of August 13, 'Z003 PuUlic Hearing of August 13, 'Z003, re: Bill No. 'Z078 COMMUNICATIONS: C'Z003-'Z64 Communication (08/'Z5/'Z003) from the Executive on Housing, transmitting for Council consideration, a resolution aniending CDBG Priorities Resolution No. 'Z00'Z-41. (See Resolution No. 2003-41) C 'Z003-'Z65 Communication (08/04/'Z003) from the Deputy Cotmty Engineer, transmitting the Monthly Report on Building Permit Information for the month of July. C 'Z003-'Z66 Communication (08/ 13/'Z003) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Waters quarterly financial report as of June 30, 'Z003. (Report on file in the County Clerk's office) C 'Z003-'Z67 Communication (08/ 14/'Z003) from the Director of Finance, transmitting for Council information, the Cash/Investment Balances for the 4~~ Quarter of FY 'Z003. Council Meeting Agenda Z September 11, 'Z003 C'Z003-'Z68 Communication (08/'Z'Z/'Z003) from the Executive on Housing, transmitting for Council information, proposed amendments to the Home-Buyer Loan Program Administrative Rules. (Proposed amendments and Home-Buyer Loan Program Administrative Rules ori file iri the County Cleric's office.) C'Z003-'Z69 Communication (08/'Z'Z/'Z003) from the Executive on Housing, transmitting for Council information, proposed amendments to the Section 8 Homeownership Prograni Administrative Rules. (Proposed amendments and Home-Buyer Loan Program Admiriistratiue Rules ori file iri the County Cleric's office.) C 'Z003-'Z70 Communication (08/ 11/'Z003) from the Mayor, requesting Council approval to accept 3,000 silk screened bumper stickers from the Saiva Siddhanta Church and Mr. Iumara Hunter, to assist the county in its efforts to combat the war on drugs, and to have a thank you letter sent to Mr. Hunter and the Siva Siddhanta Church for their donation. C 'Z003-'Z71 Communication (08/ 1'Z/'Z003) from the Fire Chief, requesting Council approval to accept a $1,500 donation from Chevron Products Company, to defray the cost incurred to train four (4) firefighters at the Hawaii Petroleum Fire Protection Course, which was held on Oahu on August 4-8, 'Z003. C'Z003-'Z 7'Z Communication (08/'Z5/'Z003) from the Fire Chief, requesting Council approval to accept a $'Z5 donation from Javier Marfil and Valerie Smith, friends of Jeffery Peterson, who was a victim of the July 'Z3, 'Z003 helicopter crash. C 'Z003-'Z73 Communication (08/'Z6/'Z003) from the Executive on Housing, requesting Council approval to: 1. repurchase, purchase in lieu of foreclosure, or foreclosure purchase of 3934-3D Lawehana Street, Lihu`e, Hawaii, Z. authorize the Housing Agency to pay up to Two Hundred Fifteen Thousand Dollars ($'Z 15,000) to acquire the property, 3. pay related expenses, and 4. authorize the County Clerk to sign documents related to the County's acquisition of 3934-3D Lawehana Street, Lihu`e, Hawaii. Council Meeting Agenda 3 September 11, 'Z003 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 Iealia, Kauai, 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. (Deferred ori 08/28/2003) CLAIMS: C 'Z003-'Z74 Communication (08/'Z6/'Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Peter S. Halpern for damage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C 'Z003-'Z75 Communication (08/'Z6/'Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Noreen Dougherty for excessive water charges, pursuant to Section 'Z3.06, Charter of the Cormty of Iaua`i. COMMITTEE REPORTS: RESOLUTION: (SEE ATTACHMENT) Resolution No. 'Z003-41, RESOLUTION AMENDING RESOLUTION NO. Z00'Z-41; ESTABLISHING COUNTY PRIORITIES FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT -SMALL CITIES PROGRAM BILL FOR SECOND READING: Bill No. 'Z079, Draft 1 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 799, RELATING TO REAL PROPERTY TAXATION (The Finance/Intergovernmental Relations Committee recommended approval on 09/04/2003) Council Meeting Agenda 4 September 11, 2003 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-85 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 County in 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 ACI/LEI. 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-86 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request Council approval to settle the following case, Pelias, et al. v. Wilcox, et al., Civil No. 0'Z-1-0145 (Fifth Circuit Court). 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-87 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to discuss and deliberate upon legal issues associated with Bill No. 2044, relating to Comprehensive Zoning Ordinance Open District designations on Zoning Map ZM-PR700 (Princeville). This consultation and deliberation 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-88 Pursuant to Haw. Rev. Stat. ~~9Z-4, 9Z-5(a)(4) and 9ZF-14(b), the purpose of this executive session is to receive a briefing from the Administration regarding pending personnel matters. This briefing involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the County as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 5 September 11, 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. Proyoserl Drafz Bill No. ?080-A BILL FOR AN ORDINANCE AII~ENDING CHAPTER I Sr? OF THE FAL A7 COL zNTP CODE 198', ASANIENDED, RELATING; TO THE ti4i A7COI zNTP FIRE CODE R~oposed Draft Bi- No. ?081 A BILL FOR AN ORDINf1NCE ANIENDINCU CHAPTER 19 OF THE L:4LA7 COL7NTI' CODE 198', ASAIIIENDED, RELATING TO YGAILL A GOLF COL7RSE'S PROOF OF RESIDENCPREQL zIREA~'NTS For complete uiformation, 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 Notwithstuiduig this Coiuicil Agenda, the Council may hold a public hearing on any item which has been posted in advuice 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 Z06, LIHU`E, IiAUA`I. TELEPHONE NO. Z41-6371. Council Meeting Agenda 6 September 11, 2003 (ATTACHMENT) FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2003-8: on Bill No. 2079 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 799, RELATING TO REAL PROPERTY TAXATION [Approved as amended.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2003-12: on C 2003-Z48 Communication (07/Z3/Z003) from the Council Chair, requesting agenda time for Mrs. Sarah Kailikea to discuss three (3) issues relating to the Exceptional Chinese Banyan Tree and the Banyan Harbor condominium property located in Nawiliwili. [Received for the record.] CR-PPW 2003-13: on C 2003-Z59 Communication (07/31/Z003) from Councilmember JoAnn A. Yukimura, requesting that the Deputy County Engineer and appropriate personnel be present at the September 4, 2003 Parks & Public Works Committee meeting, to provide an update on the status of the Lihu`e Civic Center renovations. [Received for the record.]