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Home My WebLink About2003-09-25 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, SEPTEMBER 25, 2003 1:00 P.M. 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: Mid-Month Meeting of August 'Z8, 'Z003 Executive Meeting of August 'Z8, 'Z003 Public Hearing of August 'Z8, 'Z003, re: Bills Nos. 'Z077 and 'Z079 Regular Meeting of September 11, 'Z003 Public Hearing of September 11, 'Z003, re: Bills Nos. 'Z080 and 'Z081 COMMUNICATIONS: C 'Z003-'Z76 Communication (08/'Z9/'Z003) from the Director of Finance, transmitting for Council consideration, an amendment to Chapter 'Z3 of the Iaua`i County Code 1987, as amended, relating to taxicabs. (See Proposed Draft Bill No. 2082) C 'Z003-'Z77 Communication (09/ 10/'Z003) from Councilmember Jay Furfaro, requesting a tenant briefing by the Iaua`i Economic Development Board on the highlights of several of the high- technology businesses that are occupying the Waimea Tech Center Phase I in Waimea, Kauai, at the Economic Development Committee meeting on October 'Z, 'Z003. C 'Z003-'Z78 Communication (08/'Z8/'Z003) from the Director, Office of Economic Development, requesting Council approval to apply for, receive, and expend $75,000 in grant funding from the Greeters Prograni of the CY 'Z004 Hawaii Tourism Authority, to provide Hawaiian music for arriving and/or departing visitors at our airport and harbor. (Grant application on file in the County Cleric's Office.) Council Meeting Agenda Z September 'Z5, 'Z003 C 'Z003-'Z79 Communication (09/0'Z/'Z003) from the James Iunane Tokioka, Hawaii State Association of Counties Board member, requesting Council approval for Councihmember Gaiy Safarik from Hawaii County, to replace Councilmember Donovan Dela Cruz from the City & County of Honolulu, to the Western Interstate Region (WIR) Board. C 'Z003-'Z80 Communication (09/0'Z/'Z003) from the James Iunane Tokioka, Hawaii State Association of Counties (HSAC) Board member, requesting Council approval of possible legislative bills, for inclusion in the 'Z004 HSAC Legislative Package. C'Z003-'Z81 Communication (09/0'Z/'Z003) from the Administrator, Iaua`i Civil Defense Agency, requesting Council approval to accept and expend FY 'Z003 State Homeland Security Cd~ant Funds Part II, in the amount of $'Z,'Z50,000.00, to support equipment requirements identified by a multi-disciplined planning committee, and is ui addition to the FY 'Z003 State Homeland Security Grant Funds Part I previously awarded. C 'Z003-'Z 8'Z Communication (09/03/'Z003) from the Fire Chief, requesting Council approval to apply for, receive, and expend a $750.00 Wal-Mart Safe Neighborhood Heroes grant, which will be used to subsidize the department's on-going educational and promotional activities. C 'Z003-'Z83 Communication (09/04/'Z003) from the Prosecuting Attoiliey, requesting Council approval to receive and expend increased state funding for the following programs to commence July 1, 2003 through June 30, 'Z004: Career Criminal Program $176,871 Victim Witness Program $ 57,6'Z'Z C 'Z003-'Z84 Communication (09/05/'Z003) from the Building Division, requesting Council approval to apply for, receive, and expend a FY 'Z003 Clean Water Act Section 319(h) grant, in the amount of $'Z00,000, for the Kauai County Cesspool Conversion Project, administered by the State Department of Health, Clean Water Branch, and which the County will match with State Water Pollution Control Revolving Fund Loan finds. Council Meeting Agenda 3 September 'Z5, Z003 C 2003-Z85 Communication (09/ 15/Z003) from Councilmember JoAnn A. Yukimura, transmitting for Council consideration, citizens' petitions to preserve the one (1) lane Kalania Bridge located on Pu`u`opae Road in Wailua Homesteads. C 2003-Z86 Communication (09/ 18/Z003) from Councihuembers Jay Furfaro and JoAnn A. Yukimura, transmitting for Council consideration, a resolution supporting the Kilauea Point National Wildlife Refuge Expansion Act of 2003 (H.R. 2619), which proposes to authorize the expansion of the Refuge by adding approximately 'Z 19 acres to its current area (See Resolution No. 2003-42) LEGAL DOCUMENTS: C 2003-Z87 Communication (09/ 11/Z003) from the Deputy County Engineer, recommending for Council approval, aRight-of-Entry Agreement by McBiyde Sugar Company, and David K. Palania and Moana K. Palama, for the purpose of constructing and operating a temporary by-pass road for vehicular traffic during the construction of the new Omao Road Bridge. CLAIMS: C 2003-Z88 Communication (09/08/Z003) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Joanne Howard for daniage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2003-Z89 Communication (09/ 10/Z003) from the County Clerk, transmitting a claim filed agauist the County of Kauai by Jaye Yamaguchi-Chun for damage to her vehicle, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C 2003-Z90 Communication (09/ 1'Z/'Z003) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Roman D. Cruz, Jr. for lost wages, reimbursement of a car rental, and stress, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 September 'Z5, Z003 COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2003-9: on Bill No. 2077 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, IAUA`I COUNTY CODE 1987, RELATING TO THE DEDICATION OF HOME EXEMPTION PROPERTY TO PERMANENT HOME LJSE [Approved as amended.] CR-CA 2003-14: on CA 2003-8 Communication (9/5/Z003) from Bernard P. Caivalho, Jr., OCA Director, submitting the Offices of Community Assistance Monthly Status Report. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORTS: CR-EPS 2003-5: on C 2003-Z47 Communication (07/30/Z003) from the Administrator, Iaua`i Civil Defense Agency, requesting Council approval to apply for, accept, and expend $599,400 in grant funds from the U.S. Department of Homeland Security, Office of Domestic Preparedness, of which $479,400 is to enhance the capability of State and County agencies to prevent and respond to incidents of terrorism, and $120,000 to hire personnel to support the training, exercise and administration of this grant. [Approved.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2003-14: on 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 [Approved.] Council Meeting Agenda CR-PPW 2003-15: on Bill No. 'Z060 RESOLUTIONS: 5 September 'Z5, 'Z003 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 'Z'Z, ARTICLE 7, IiAUA`I COUNTY CODE 1987, RELATING TO GRADING, GRUBBING, AND STOCKPILING [Approved as amended.] Resolution No. 'Z003-4'Z, RESOLUTION SUPPORTING H.R. 'Z619, THE KILAUEA POINT NATIONAL WILDLIFE REFUGE EXPANSION ACT OF 'Z003 BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z08'Z - A BILL FOR AN ORDINANCE AMENDING CHAPTER 'Z3 OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO TAXICABS BILLS FOR SECOND READING: Bill No. 'Z077, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, IiAUA`I COUNTY CODE 1987, RELATING TO THE DEDICATION OF HOME EXEMPTION PROPERTY TO PERMANENT HOME USE (The Finance/Intergovernmental Relations Committee recommended approval as amended ori 09/18/2003) Bill No. 'Z081 - 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 (The Parlcs & Public Works Committee recommended approval on 09/18/2003) Bill No. 'Z060, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 'Z'Z, ARTICLE 7, IAUA`I COUNTY CODE 1987, RELATING TO GRADING, GRUBBING, AND STOCKPILING (The Parks & Public Works Committee recommended approval as amended on 09/ 18/2003) Council Meeting Agenda 6 September 'Z5, Z003 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-89 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 regarduig 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. 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.