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Home My WebLink About2003-10-23 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, OCTOBER 23, 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: Regular Meeting of September'Z5, 'Z003 Special Meeting of October 'Z, 'Z003 Special Meeting of October 13, 'Z003 Public Hearing of October 8, 'Z003 re: Bill No. 'Z08'Z COMMUNICATIONS: C 'Z003-310 Communication (09/'Z3/'Z003) from the Building Division Chief, transmitting for Council consideration, proposed amendments to Chapter 1'Z of the Kauai County Code 1987, relating to the building code, including an update of the Energy Conservation Article. (See Proposed Draft Bill No. 2084) C'Z003-311 Communication (09/'Z3/'Z003) from the Du~ector of Planning, transmitting the Planning Commission's recommendation to approve the State Land Use District Boundary Amendment A-'Z003-1, amending 6.96'Z acres in Iapa`a Homesteads from "Agricultural District" to "Urban District." (Jensen of Hawaii, Inc., Applicant) (Planning staff report, transcripts of public hearings, and applicant's petition on file in the County Clerk's Office) (See Proposed Draft Bill No. 2085) C'Z003-31'Z Communication (09/'Z3/'Z003) from the Director of Plaiuiing, transmitting the Planning Commission's recommendation to approve Zoning Amendment ZA-'Z003-5, amending 6.96'Z acres in Kapa`a Homesteads from "Open District (O)" to "Residential District (R-4)," subject to the conditions specified therein. (Jensen of Hawaii, Inc., Applicant) (Planning staff report, transcripts of public hearings, arid applicant's petition ori file iri the County Cleric's Office) (See Proposed Draft Bill No. 2086) Council Meeting Agenda Z October 'Z3, 'Z003 C 'Z003-313 Communication (10/06/'Z003) from the Mayor, transmitting for Council consideration, the arbitrated cost items for Unit 1'Z (police), and recommending approval of the agreement for Unit 1'Z, for the period July 1, 'Z003 to June 30, 'Z007. (See Proposed Draft Bill No. 2087) C'Z003-314 Communication (10/0'Z/'Z003) from the Civil Engineer VII, Building Division, transmitting the Monthly Report on Building Permit Information for the month of September. C'Z003-315 Communication (10/0'Z/'Z003) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 03/04 1't Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office) C 'Z003-316 Communication (09/09/'Z003) from the Chief of Police, requesting Council approval to apply for, accept, and expend $57,700.00 in grant funds appropriated by the State of Hawaii, Department of Transportation for FY 'Z003-'Z004, which will provide the Iaua`i Police Department with overtime moneys to conduct enforcement for underage drinking, conduct liquor stings, and fund officers to attend an underage drinking conference. (Grant application on file in the County Clerk's Office. C'Z003-317 Communication (10/06/'Z003) from Michael Yamane, Vice President, Strategic Planning, Kauai Island Utility Cooperative (IIUC), requesting agenda time at the October 'Z3, 'Z003 Council meeting, to do a presentation on IIUC's purchase of Iaua`i Power Partners' generating station. C 'Z003-3'Z 1 Communication (09/05/'Z003) from the Civil Engineer VII, Building Division, requesting Council approval to apply for, receive, and expend federal funding for the Ahukini-Lydgate Park Bike and Pedestrian Path as listed below: 1. FY 'Z004 $500,000 Planning & design services Z. FY 'Z005 $500,000 Land acquisition $'Z,000,000 D/B construction 3. FY 'Z006 $3,000,000 D/B construction Council Meeting Agenda 3 October 'Z3, 'Z003 C'Z003-'Z80 Communication (09/0'Z/'Z003) from 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. (See Report No. CR-F/IGR 2003-10 for committee recommeridatiori) F/IGR 'Z003-3 Communication (09/ 11/'Z003) from Maurice "Joe" Munechika, F/IGR Committee Chair, requesting that the Administration be present to discuss the 'Z004 Iaua`i County Legislative Package. a) Communication (10/16/'Z003) from Councihuember Yukimura, transmitting for Council consideration, proposed legislations to be included in the 'Z004 Iaua`i Cormty Legislative Package and the 'Z004 Hawaii State Association of Counties Legislative Package. b) Communication (10/9/'Z003) from the Mayor, transmitting the Administration's suggested preliminary issues to be presented to the 'Z004 Legislature, items of interest to the County, and monetary requests to the State. (See Report No. CR-F/IGR 2003-10 for committee recommendation) LEGAL DOCUMENTS: C'Z003-318 Communication (09/'Z'Z/'Z003) from the Chief of Highways Maintenance and Construction, recommending Council approval of a Grant of Easement by Mr. and Mrs. Joel Cavasso, for a small section of their property along `Ananalu Road, Wainiha, which the Cormty encroached into when realigning the road a few years ago. CLAIMS: C'Z003-319 Communication (10/0'Z/'Z003) from the Cormty Clerk, transmitting a claim filed against the Cormty of Iaua`i by Rodney Ochoa for daniage to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C 'Z003-3'ZO Communication (10/ 10/'Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Jemiifer S. Prater for daniage to her vehicle, pursuant to Section 'Z3.06, Charter of the Cormty of Iaua`i. Council Meeting Agenda 4 October 'Z3, 'Z003 COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 2003-10: on C 'Z003-'Z80 Communication (09/02/2003) from James Iiunane Tokioka, Hawaii State Association of Counties (HSAC) Board member, requesting Council approval of possible legislative bills, for inclusion in the 2004 HSAC Legislative Package. and F~IGR 'Z003-3 Communication (09/ 11/2003) from Maurice "Joe" Munechika, F/IGR Committee Chair, requesting that the Administration be present to discuss the 2004 Iiaua`i County Legislative Package. [Referred to the full Council.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2003-15: on CA'Z003-9 Communication (10/03/2003) from Bernard P. Carvalho, Jr., UCA Director, submitting the Offices of Community Assistance Monthly Status Report. [Received for the record.] ENERGY & PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2003-8: on Blll NO. 'Z 080 A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A OF THE RAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TU THE IiAUA'I COUNTY FIRE CODE [Approved as amended.] BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z084 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 1'Z OF THE IiAUA`I COUNTY CODE 1987 AS AMENDED, RELATING TO THE BUILDING CODE Proposed Draft Bill No. 'Z085 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN IiAPA`A HOMESTEADS, IiAUA`I (Jensen of Hawaii, Inc., Applicant) Council Meeting Agenda 5 October 'Z3, Z003 Proposed Draft Bill No. 2086 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN IiAPA`A HOMESTEADS, IiAUA`I (Jensen of Hawaii, Inc., Applicant) Proposed Draft Bill No. 2087 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1'Z BETWEEN JULY 1, 2003 AND JUNE 30, 2007 BILLS FOR SECOND READING: Bill No. 2080, Draft 1 - 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 (See Report No. CR-EPS 2003-8 for Committee recommerrdatiorr) 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 uas 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 Cleric's Office. Discussions held irr Executive Session are closed to the public.) ES-96 Pursuant to Haw. Rev. Stat. §§ 92-4, 92-5(a)(2), 92-5(a)(8) and 92F-14(b)(4), the purpose of this executive session is to permit the (~'ouncil to deliberate upon personnel complaints made by a County employee in which County employees have or may have a significant privacy interest under Haw. Rev. Stat. §92F-14(b)(4) or a privacy interest under other state or federal law. The (~'ouncil may take appropriate action arising from its deliberations concerning this item. Actions maybe taken in executive session pursuant to Haw. Rev. Stat. §92-5(b). ES-97 Pursuant to Haw. Rev. Stat. Sections 9'Z-4 and 9Z-5(a)(4), the purpose of this executive session is to consult with fire County's legal counsel who will give the Council an update of County of Iaua`i vs. James Pflueaer, et al., Civil No. 0'Z-1-0160, and to discuss a proposed settlement offer in that case. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of fire Council and the Cotmty as they relate to this agenda item. Council Meeting Agenda 6 October 'Z3, Z003 ADJOURNMENT. NOTE: If the Couacil is aot £aished with this meetiag by approximately 2:00 p.m., it will recess for public heariags. After the public heariags, the Couacil will recoaveae to complete aay uafiaished busiaess. Bill No. 2083 - AN URDINANCE AMENDING URDINANCE NU B-2003-610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FLSCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, BY REVLSING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Hardware, 26 computers - $65, 000 00) For complete information, including a summ~aiy 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.