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Home My WebLink About2003-10-08 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, OCTOBER 8, 2003 9:00 A.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. COMMUNICATIONS: C 'Z003-'Z91 Communication (09/05/'Z003) from the Director of Finance, requesting Council approval to transfer and consolidate all budgeted funds earmarked for computer equipment to the Hardware account in the Infoiluation Tecluiology Division for Phase II of the computer replacement plans. (Hardware, 'Z6 computers - $65,000.00) (See Proposed Draft Bill No. 2083) C 'Z003-'Z 9'Z Communication (09/'Z3/'Z003) from the Planning Director, transmitting the Planning Commission's recommendation to approve Bill No. 'Z075, relating to designation of open space areas. (Public Hearing transcripts of August 26, 2003, and September 9, 2003 ori file iri the County Cleric's Office.) (See Proposed Draft Bill No. 2075) C'Z003-'Z93 Communication (09/09/'Z003) from the Civil Engineer VII, Building Division, transmitting the Monthly Report on Building Permit Information for the month of August. C 'Z003-'Z94 Communication (09/09/'Z003) from the Solid Waste Program Administrator, submitting for Council information, the monthly report from Island Recycling, Inc. for the months of July and August 'Z003. C'Z003-'Z95 Communication (09/'Z3/'Z003) from the Mayor, transmitting for Council infoiluation, his appointment of Laura Ann Medeiros, to the Iaua`i County Salary Commission for a two ('Z) year term. Council Meeting Agenda Z October 8, 'Z003 C 'Z003-'Z96 Communication (08/06/'Z003) from the Chief of Police, requesting Council approval to apply for, accept and expend $7,000 of grant funds appropriated by the State of Hawaii, Department of Transportation, for FY 'Z003-'Z004, which will be used to print brochures containing pedestrian safety tips, and to purchase personal safety items, such as mini-flashlights and reflective wear, for distribution to senior citizens. C 'Z003-'Z97 Communication (08/'Z9/'Z003) from the Deputy County Engineer, requesting Council approval to implement inteiliet access for building peiluit information, at an initial cost of approximately $'Z6,000, and an annual cost of approximately $3,000, thereby allowing citizens and contractors to perform building permit inquiries independently. C 'Z003-'Z98 Communication (09/03/'Z003) from the Executive Assistant to the Mayor, requesting Council approval to accept a 40-foot cargo container, donated to the County's Wailua Golf Course by the Friends of Kamalani, which will be used to store golf course supplies such as signage, fertilizer, tires, and other miscellaneous equipment, and that a letter of appreciation be sent to Mr. Thomas Noyes, Committee Chair of the Friends of Kanialani. C 'Z003-'Z99 Communication (09/08/'Z003) from the Chief of Police, requesting Council approval to accept and expend $1,000 in grant funds from the Hawaii Police Athletic Federation, to equally support the Department's Police Athletic League programs and the Department's Police Explorer Program. C 'Z003-300 Communication (09/ 10/'Z003) from the Park Administrator, requesting Council approval to accept a flagpole for the Waimea Canyon Park, donated by Mr. Erwin A. Wright III, a Life Scout with the Boy Scouts of America Team 'Z03, and that a letter of appreciation be sent to Mr. Wright. Council Meeting Agenda 3 October 8, 2003 C 2003-301 Communication (09/ 11/Z003) from the Executive on Housing, requesting Council approval to appropriate $230,000 from the Buyback Account of the Housing Revolving Fund or the Housing and Community Development Revolving Fund, and authorize the Housing Agency to try to purchase the Hanapepe property either directly from the owners, or at the foreclosure auction with the County's bid not to exceed $300,000. C 2003-302 Communication (09/ 11/2003) from the Parks Administrator, requesting Council approval to accept a storage room (lZ'x 18~ for the County's Kalaheo Parks and Beautification Baseyard, donated by Ms. Suzette J. Momohara, estimated at $7,500, and that a letter of appreciation be sent to Ms. Momohara. C 2003-303 Communication (09/ 1'Z/'2003) from the Solid Waste Program Administrator, requesting Council approval to accept a donation of production services for a composting demonstration video from Ho`ike Kauai Community Television, at an estimated value of $10,000, which will be kept at the Kauai Resource Center Reference Library, and will be required viewing for recipients of Earth Machine composting units. C 2003-304 Communication (09/ 15/2003) from the Solid Waste Program Administrator, requesting Council approval to proceed with the North Shore plastic recycling project internally, instead of granting the appropriated $10,000 to a private agency. C 2003-305 Communication (09/ 16/2003) from the Director, Department of Liquor Control, requesting Council authorization to apply for, accept, and expend $3,281.50 from the State of Hawaii, Department of Transportation, to continue the liquor law education program, which is intended to educate approximately 2,000 to 3,000 students on the legal consequences they face when they get involved with alcoholic beverages. C 2003-306 Communication (09/23/2003) from Michael Yamane, Vice President, Strategic Planning, Iaua`i Island Utility Cooperative (KIUC), requestuig agenda time at the October 8, 2003 Council meeting, to do a presentation on IiIUC's purchase of Kauai Power Partners' generating station. Council Meeting Agenda 4 October 8, 2003 C 2003-307 Communication (09/Z4/Z003) from the OCA Director, requesting Council approval to include and indemnify the Department of Education, State of Hawaii, as an additional insured in its agreement for meal services for the 2003 Summer Enrichment Program. EPS 2003-4 Communication (9/ 18/Z003) from Mel Rapozo, Energy & Public Safety Committee Chair, transmitting for consideration a resolution supporting the efforts of the Anahola Homesteaders Council in developing the "Project Faith" multi- purpose community center in Anahola, Kauai. (Referred by the Energy & Public Safety Committee ori 10/02/2003) (See Resolution No. 2003-43) CLAIMS: C 2003-308 Communication (09/Z6/Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Roland Cadawna for daniage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2003-309 Communication (09/Z6/'Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Calvui Muraoka for damage to his boat bimini top, pursuant to Section 23.06, Charter of the County of Iaua`i. COMMITTEE REPORTS: (SEE ATTACHMENT) RESOLUTIONS: Resolution No. 2003-43, RESOLUTION SUPPORTING THE EFFORTS OF THE ANAHOLA HOMESTEADERS COUNCIL IN DEVELOPING THE "PROJECT FAITH" MULTI-PURPOSE COMMUNITY CENTER IN ANAHOLA, IAUA`I BILLS FOR FIRST READING: Proposed Draft Bill No. 2075 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLES 8 AND 9, OF THE IiAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO DESIGNATION OF OPEN SPACE AREAS Council Meeting Agenda 5 October 8, 'Z003 Proposed Draft Bill No. 'Z083 - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z003-610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IiAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 'Z004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Hardware, 'Z6 computers - $65,000.00) BILLS FOR SECOND READING: Bill No. 'Z060, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 'Z'Z, ARTICLE 7, IiAUA`I COUNTY CODE 1987, RELATING TO GRADING, GRUBBING, AND STOCKPILING (Deferred 9/25/2003) Bill No. 'Z069 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN HANAPEPE, IAUA`I (Stanley Seto, Jean Shak, and David Shak, Applicants) IDeferred 7/31/03) 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). (Confidential reports on file in the County Attorney's Office and/or the County Cleric's Office. Discussions held iri Executive Session are closed to the public.) ES-91 Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to request additional funds for continued representation of the County by Darwin L.D. Ching, to represent the Cormty in Woolsey v. Hashimoto et al. Civ. No. 01-100171 (Fifth Circuit Court, State of Hawaii) and for necessary litigation costs. This consultation involves consideration of fire powers, duties, privileges, immunities and/or liabilities of the Council and the Cormty as they relate to this agenda item." ES-9'Z Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to request approval to retain special counsel, Belles Graham Proudfoot & Wilson, to advise the Police Commission on personnel and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and fire Cormty as they relate to this agenda item. Council Meeting Agenda 6 October 8, 'Z003 ES-93 Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to request additional funds for continued representation of the County by Ted H. S. Hong, Esq. in Stanley Iua v. County of Kauai, Civ. No. CV 0'Z-00'Z86 ISC (U.S. District Court) and for necessary litigation costs. 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: 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 Droft Brll No. ?OS? -A BILL FOR _-UJ ORDES9NCE _-LLfFNDING CK9PTER ?3 OF THE k:4 L Z47 COL ~NTf" CODE 198', ASANIENDED, RELATING; TO T.9XICABS For complete information, including a summary of the item, please refer to the official Notice of Public Hearing. The official Notice of Public Hearuig has been published, posted on the bulletin board, and filed ui the County Clerk's t_iffice as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on ury item wh ich 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 October 8, 2003 (ATTACHMENT) ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-ED 2003-3: on C 2003-Z77 Communication (09/ 10/Z003) from Councihuember 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, 2003. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORTS: CR-EPS 2003-6: on EPS 2003-4 Communication (9/ 18/Z003) from Mel Rapozo, Energy & Public Safety Committee Chair, transmitting for consideration a resolution supporting the efforts of the Anahola Homesteaders Council in developing the "Project Faith" multi- purpose community center in Anahola, Iaua`i. [Referred to the full Council.] CR-EPS 2003-7: on C 2003-Z81 Communication (09/0'Z/'Z003) from the Administrator, Iaua`i Civil Defense Agency, requesting Council approval to accept and expend FY 2003 State Homeland Security Grant Funds Part II, in the amount of $Z,'Z50,000.00, to support equipment requirements identified by a multi-disciplined planning committee, and is in addition to the FY 2003 State Homeland Security Grant Funds Part I previously awarded. [Approved.] Council Meeting Agenda 8 October 8, 'Z003 PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2003-16: on PPW 'Z003-'Z Communication (9/5/'Z003) from Councilmember JoAnn A. Yukimura, requesting that Mr. John Harder, Solid Waste Division Chief, County of Maui, be present at the October 'Z, 'Z003 Committee Meeting to share information on Maui County's integrated solid waste management program. [Received for the record.] CR-PPW 2003-17: on C 'Z003-'Z63 Communication (08/'Z1/'Z003) from the Council Chair, requesting that the Deputy County Engineer and appropriate personnel be present at the August 'Z8, 2003 Council meeting, to provide the Council with information regarding allegations of un-permitted grading activities at a parcel located at Kealia, 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 Cotmty Code 1987. [Received for the record.]