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HomeMy WebLinkAbout2003-11-13 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, NOVEMBER 13, 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 October 8, 'Z003 Mid-Month Meeting of October'Z3, 'Z003 Public Hearing of October'Z3, 'Z003, re: Bill No. 'Z083 COMMUNICATIONS: C 'Z003-3'Z'Z Communication (10/ 16/'Z003) from the Executive on Housing, requesting Council approval, and to transfer funds from the Kalepa Village Phase 'ZC project for a Lot Development Prograni. (See Proposed Draft Bill No. 2088) C'Z003-3'Z3 Communication (10/17/'Z003) from the Executive on Housing, requesting Council approval, to aniend the Kalepa Village and Pa`anau Village budgets for cone-year contract extension with Hawaii Affordable Properties, Inc., for rental management services, and insurance reimbursements to the County. (See Proposed Draft Bills Nos. 2089 and 2090) C 'Z003-3'Z4 Communication (10/ 17/'Z003) from the Executive on Housing, requesting Council approval, to appropriate funds from the Housing Revolving Fund for the Buyback Account in the Housing Agency. (See Proposed Draft Bill No. 2091) C'Z003-3'Z5 Communication (10/17/'Z003) from the Solid Waste Prograni Administrator, submitting for Council infoiluation, the monthly report from Island Recycling, Inc. for the month of September 2003. Council Meeting Agenda Z November 13, 'Z003 C'Z003-3'Z6 Communication (10/'Z'Z/'Z003) from the Mayor, transmitting for Council information, his appointment of Noelle A. Canibeilh to the County of Kauai Committee on the Status of Women. C 'Z003-3'Z7 Communication (10/ 10/'Z003) from the Executive on Housing, requesting Council approval, of the resale of 3934-3D Lawehana Street, Lihu`e, Hawaii for $'Z35,000, and to authorize the County Clerk to sign documents regarding this transaction. C 'Z003-3'Z8 Communication (10/ 15/'Z003) from the Chief of Police, requestuig Council approval to apply for, accept, and expend grant funds in the amount of $56,197.'Z9, appropriated by the U.S. Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Funding Program for FY 2003-'Z004, for the acquisition of bulletproof (protective) vests and related accessories that will be utilized by officers of the Iaua`i Police Department. C 'Z003-3'Z9 Communication (10/ 15/'Z003) from the Chief of Police, requesting Council approval to apply for, accept, and expend grant funds in the amount of $19,173.00, appropriated by the U.S. Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Funding Prograni for FY 'Z003- Z004, for the acquisition of a computer software system to enhance dispatch capabilities during medical related emergencies. C 'Z003-330 Communication (10/ 17/'Z003) from the Executive on Housing, requesting Council approval of the revised Section 8 Budget for the Kauai County Housing Agency for Fiscal Year 'Z003-'Z004. C'Z003-331 Communication (11/05/'Z003) from the Mayor, requesting Council consideration and approval of the revised Cotmty of Kauai 'Z004 Legislative Package. C'Z003-33'Z Communication (10/31/'Z003) from Councilmember Mel Rapozo, requesting Council consideration to initiate a resolution authorizing a performance audit of the Department of Public Works, to be accompanied by a bill to fund this audit function. Council Meeting Agenda 3 November 13, 2003 CLAIMS: CZ003-333 Communication (10/15/Z003) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Progressive Insurance for their insured Patrick D'Acre, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. CZ003-334 Communication (10/15/Z003) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Yong Ki U, for loss of personal property, pursuant to Section 23.06, Charter of the County of Kauai. CZ003-335 Communication (10/15/Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert T. Lanier, for personal property damage, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C 2003-336 Communication (10/'ZO/Z003) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Clayton Castillo, for damage to Niu Construction's vehicle, pursuant to Section 23.06, Charter of the County of Kauai. CZ003-337 Communication (10/'Z1/Z003) from the Cotmty Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Bradley Ho of The Hawaiian Insurance & guaranty Co. Ltd., for daniage to their vehicle, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C 2003-338 Communication (10/'Z8/Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Derek Wakuta, for damage to personal property, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C 2003-339 Communication (10/'Z8/Z003) from the Cotmty Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Shana E. Metsch, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 November 13, 'Z003 C'Z003-340 Communication (10/'Z8/'Z003) from the Co>mty Clerk, transmitting a claim filed against the County of Kauai by Richard Sullenbarger, for daniage to his vehicle, pursuant to Section 'Z3.06, Charter of the Co>mty of Iaua`i. C'Z003-341 Communication (10/'Z9/'Z003) from the County Clerk, transmitting a claim filed against the County of Kauai by Don Taylor, President of Iaua`i Ice Cream, Inc., for loss of revenue, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 2003-11 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. [Received for the record.] CR-F/IGR 2003-12 on F/IGR 'Z003-4 CR-F/IGR 2003-13 on F/IGR 'Z003-3 Communication (10/24/2003) from Council Vice-Chair James Iiunane Tokioka, HSAC Representative, requesting Council consideration of a revised Draft Bill Relating to County Taxes for inclusion in the '2004 HSAC Legislative Package. [Approved.] Communication (09/11/'003) from Maurice "Joe" Munechika, F/IGR Committee Chair, requesting that the Administration be present to discuss the 2004 Iiaua`i County Legislative Package. a) Communication (10/16/2003) from Councilmember Yukimura, transmitting for Council consideration, proposed legislations to be included in the '2004 Iiaua'i County Legislative Package and the 2004 Hawaii State Association of Counties Legislative Package. b) Communication (10/9/2003) from the Mayor, transmitting the Administi~ation's suggested preliminary issues to be presented to the '2004 Legislature, items of interest to the County, and monetary requests to the State. [Received for the record.] Council Meeting Agenda CR-F/IGR 2003-14 on F/IGR 2003-5 CR-F/IGR 2003-15 on F/IGR 2003-6 CR-F/IGR 2003-16 on Bill No. 2083 BILLS FOR FIRST READING: 5 November 13, 2003 Communication 910/27/2003) from Councilmember JoAnn A. Yukimura, transmitting for Council consideration, a revised version of F/IGR 2003-3 (a) to be included in the '2004 Iiaua'i County Legislative Package and the 2004 Hawaii State Association of Counties Legislative Package. [Approved the following for inclusion in the 2004 Kauai County Legislative Package: HB 201, HD 1 (Relating to Environmental Compliance), HB 1275, HD1 (Relating to the Shoreline), and Land Conservation statewide funding legislation; Received for the record proposed legislation on Abandoned Vehicles; and Failed to pass Cruise Ship EIS legislation] Communication (10/30/2003) from Councilmember Jay Furfaro, transmitting for inclusion as part of the 2004 County Legislative Package an additional request for fifty percent (50%) State matching CIP funds to assist with the establishment of a IiauaY emergency homeless shelter facility. [Approved as amended.] AN URDINANCE AMENDING URDINANCE NU. B-2003-610 AS AMENDED, RELATING TU THE OPERATING BUDGET OF THE COUNTY OF RAUA`I, STATE OF HAWAII, FUR THE FISCAL YEAR JULY 1, '2003 THROUGH JUNE 30, '2004, BY REVISING THE SURPLUS AND APPRUPRIATIUNS ESTIMATED IN THE GENERAL FUND (Hardware, 26 computers - $65,000.00) [Approved.] Proposed Draft Bill No. 2088 - AN ORDINANCE AMENDING ORDINANCE NO. B-2003-610 AS AMENDED, RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF OF THE COUNTY OF IiAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HOUSING AND COMMUNITY DEVELOPMENT FUND ($ l,Z'Z5,000 to Lot Development Prograni) Council Meeting Agenda 6 November 13, 2003 Proposed Draft Bill No. 2089 - AN ORDINANCE AMENDING ORDINANCE NO. B-2003-610 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, 2004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE IALEPA HOUSING FUND Proposed Draft Bill No. 2090 - AN ORDINANCE AMENDING ORDINANCE NO. B-2003-610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE PA`ANAU HOUSING FUND Proposed Draft Bill No. 2091 - AN ORDINANCE AMENDING ORDINANCE NO. B-2003-610 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, 2004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HOUSING REVOLVING FUND ($1,150,000 to Buyback Account) BILLS FOR SECOND READING: Bill No. 2083 - AN ORDINANCE AMENDING ORDINANCE NO. B-2003-610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Hardware, 'Z6 computers - $65,000.00) (The Finance/Intergovernmental Relations Committee recommended approval on 11/06/2003) 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.) Council Meeting Agenda 7 November 13, 2003 ES-98 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to retain special counsel to represent the County of Kauai in workers compensation appeals cases. 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-99 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to retain special counsel to represent the County of Kauai and David Sproat, Robert Baden, Sidney Rini and Ethan Sage, County- related defendants in Carl Ra~asa, et al. v. County of Iaua`i, et al., Civ. No. 03-00540 SPIT/BMI. 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-100 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to retain special counsel to perform legal services necessary for the development of a Cotmty housing project, including preparation of documents and filings to create a condominium property regime. 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-101 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to retain special counsel to provide advice and counsel regarding land use and planning issues. 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-l0Z Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to retain special counsel to represent the County in pending litigation. 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. Council Meeting Agenda 8 November 13, 2003 ES-103 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 regarding a recommended offer of settlement of a pending case, to permit the Council to consult with the County's legal counsel on questions and issues relating to the case, and to deliberate and decide on the proposed settlement offer. 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-104 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 regarding a recommended settlement of In the Matter of the Tax Anneal of Hawaiian Mahoaany. Inc., Case Nos. 03-0176, 03-0177, 03-0178, and 03-0179, to permit the Council to consult with the County's legal counsel on questions and issues relating to the case, and to deliberate and decide on the proposed settlement. 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. R~oposed Draft Bi77 No. 20'5 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER $ ARTICLES 8 AND 9, OF THE kAL A7COL ~NTP CODE 198'?, ASAA~'NDED, RELATING TO DESIGNATION OF OPEN SPACEAREAS Proyoserl Draft Brll No. 2084 -A BILL FOR _-UJ ORDINANCE _-LLfENDING CK9PTER 12 OF THE k:4 L Z47 COL ~NTF CODE 198?ASANIENDED, RELATING; TO THE BI ~ILDINC; CODE R~oposed Draft Bi77 No. 208' - A BILL FOR AN ORDINANCE APPROPINCU A COLLECTB~E BARCUAININCU ACUREENIENT FOR BARC;AININC; t NTT 12 BET4d'EENJL_7LP 1, 2003 AND .IC~NE 30, 200' For complete uiformation, uicluding 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 t_iffice as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on any item which has been posted in advuice in compliuice 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.