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Home My WebLink About2003-11-26 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, NOVEMBER 26, 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: Public Hearing of November 13, 'Z003, re: Bills Nos. 'Z075, 'Z084, and 2087 COMMUNICATIONS: C'Z003-34'Z Communication (10/08/'Z003) from the Chief of Operations and Construction, Department of Public Works, transmitting infoiluation about the Kalania Bridge located on Pu`u`opae Road in the Wailua Homesteads. C'Z003-343 Communication (10/'Z'Z/'Z003) from the Iaua`i Historic Preservation Review Commission, infoiluing the Council of their support for the preservation of the Pu`u`opae Bridge. C'Z003-344 Communication (10/'Z7/'Z003) from the Du~ector of Finance, transmitting for Council information, the Kauai Humane Society's request for an extension to submit their first quarter financials, and the Humane Society's independent auditor's report with financial statements for years ending June 30, 'Z003 and 'Z00'Z. (Auditor's Report on file in the County Clerk's Office.) C'Z003-345 Communication (11/03/'Z003) from the Civil Engineer VII, Building Division, transmitting the Monthly Report on Building Permit Information for the month of October. Council Meeting Agenda Z November 'Z6, 'Z003 C'Z003-346 Communication (11/06/'Z003) from the Director of Personnel Services, transmitting for Council information, quarterly reports relative to vacancies, established positions, new hues, reallocations and promotions. (Confidential reports on file in the County Cleric's Office.) C'Z003-347 Communication (11/11/'Z003) from Walton D.Y. Hong, attoiliey for Jensen of Hawaii, Inc., transmitting pursuant to Sec. 11- 3.1, Iaua`i County Code 1987, the affidavit of notification for Bill No. 'Z085. C'Z003-348 Communication (11/03/'Z003) from the Mayor, transmitting for Council confirmation, his re-appointment of Glenn Nakamura, for a second term, to the County Liquor Control Commission. C'Z003-349 Communication (11/03/'Z003) from the Mayor, transmitting for Council confiiluation, his appointment of Leon Gonsalves, to the County Police Commission. C'Z003-350 Communication (11/06/'Z003) from the Mayor, transmitting for Council confiiluation, his re -appointment of Michael Ching, for a second teilu, to the County Police Commission. C'Z003-351 Communication (10/'Z'Z/'Z003) from then Deputy Cotmty Engineer, requesting Council approval to write off delinquent tipping fees in the aniount of $11,408.53, for the Kauai Waste Watchers account. C'Z003-35'Z Communication (10/'Z7/'Z003) from the Executive on Housing, requesting Council approval to repurchase Lot 14, Hanapepe Self-Help Housing Project, located at 3394 Iai Lani Place, Hanapepe for $158,950.00, to resell the property for $174,800.00, and to authorize the County Clerk to sign legal documents related to fire repurchase and resale transaction. C'Z003-353 Communication (10/30/'Z003) from the Executive on Housing, requesting Council approval of fire revised CDBG Budget for fire Kauai County Housing Agency for FY 'Z003-'Z004. Council Meeting Agenda 3 November 'Z6, 'Z003 C'Z003-354 Communication (10/30/'Z003) from the Civil Engineer, Department of Public Works, requesting Council approval to prioritize funding for the following in the Division of Wastewater Management Contractual Repairs budget account: 1. Design for improvements to the Marriott sewage pump station, Z. Design and construction for `Ele`ele WWTP modification of effluent injection well #4, and development of effluent injection wells # 1, #'Z, and #3, and 3. Corrective measures for chronic Wailua WTP operation and maintenance problems. C'Z003-355 Communication (11/03/'Z003) from Wilfred Ihu, Chief of Police, requesting Council approval to extend the lease contract for the storage warehouse bay at P.S.&D. for another six (6) months, to June 30, 'Z004. C'Z003-356 Communication (11/10/'Z003) from the Director, Office of Economic Development, requesting Council approval to apply for, receive, and expend a $'Z00,000 Environmental Protection Agency (EPA) Brownfield Assessment grant for the County of Iaua`i, which will provide funding to inventory, characterize, assess and conduct planning and community involvement related to brownfield sites on Kauai. C'Z003-357 Communication (11/10/'Z003) from the Administrator, Iaua`i Civil Defense Agency, requesting Council approval to accept and expend $35,000 of grant funds for Kauai County, to assist the State of Hawaii in the continued development of the Community Emergency Response Teams (CERT). C'Z003-358 Communication (11/'ZO/'Z003) from the Council Chair, requesting the Administration to be present at the November Z6, 'Z003 Council meeting to provide an update and status report on video production and real time captioning contracts for County public access television broadcasts. COMMITTEE REPORTS: (SEE ATTACHMENT) Council Meeting Agenda 4 November 26, 2003 BILLS FOR SECOND READING: Bill No. 2082, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 23 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO TAXICABS Bill No. 2087 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 12 BETWEEN JULY 1, 2003 AND JUNE 30, 2007 Bill No. 2084 - A BILL FOR AN ORDIlVANCE AMENDING CHAPTER 12 OF THE KAUAI COUNTY CODE 1987 AS AMENDED, RELATING TO THE BUILDING CODE Bill No. 2075, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLES 8 AND 9, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DESIGNATION OF OPEN SPACE AREAS EXECUTIVE SESSION: Pursuant to Haul. Rev. Stat. ("H.R.S.") §92-7(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. X92-4 and shall be limited to those items described in H.R.S. X92-5(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-97 Pursuant to Haul. Rev. Stat. Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel uTho urill dive the Council an update of County of KauaS vs. James Pflue~er, et al., Civil No. 02-1-0160, and to discuss a proposed settlement offer in that. case. This consultation involves consideration of the pourers, duties, privileges, immunities and f or liabilities of the Council and the County as then relate to this agenda item. (Deferred 1 D/23/03) Council Meeting Agenda 5 November 26, 2003 ES-105 Pursuant to Haw. Rev. Stat. ~~92-4, 92-5(a)(4), and 92-5(b), the purpose of this executive session is for the County's legal counsel to recommend Council approval of a proposed settlement of James F. Bacarro, Sr. and Laureta Nasis-Bacarro vs. Barry Chass, et. al. Barry Chass vs. County of Kauai; Peter Lee Sapinoso, Civ. No. 01- 1-0223 (Fifth Circuit Court, State of Hawaii), to permit the Council to consult with the County's legal counsel on questions and issues relating to the case, and to permit the Council 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. ES-106 Pursuant to Ha`~T. Rev. Stat. Sections 92-4 and 92-5fa1f41, the purpose of this executive session is to consult with the County's legal counsel who will give the Council an update of County of Kauai vs. James Pflue~er, et al., Civil No. 02-1-0160, and to discuss a proposed settlement offer in that. case. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and t17e County as they relate to this a~encla 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. Proposed Draft Bill No. 2Q85 - A BILL, FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY W KAPA A HOMESTEADS, KAUA `I (Jensen of Hawaii, Inc., Applicant) I Proposed Draft Bill 11•'0. 2086 - A BILL FOR A11' ORDL?~AA'CE AAJE'NDL~'G CHAPTER 8, kAUA `I COUA'TY CODE 198?. REL:4TL'dG TO ZOA~~jG DESIGA~ATIOsti Tty NAPA ~1 HOILIESTI 4DS, I~ 4Lf1 `I (.Insen ofHm-raii, Lac., Azanlicantl For complete information, 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 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 205, LIHU`E, KAUAI. TELEPHONE NO. 241-5371. Council Meeting Agenda 6 November 'Z6, 'Z003 (ATTACHMENT) COMMITTEE REPORTS FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 2003-17: on Bill No. 'Z08'Z A BILL FOR AN ORDINANCE AMENDING CHAPTER 'Z3 OF THE IiAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO TAXICABS [Approved as amended.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2003-16: on CA'Z003-10 Communication (11/7/'Z003) from Bernard P. Carvalho, Jr., OCA Director, submitting the Offices of Community Assistance Monthly Status Report. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2003-9: on Bill No. 'Z087 A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1'Z BETWEEN JULY 1, 'Z003 AND JUNE 30, 'Z007 [Approved.] PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2003-18: on Bill No. 'Z084 A BILL FOR AN ORDINANCE AMENDING CHAPTER 1'Z OF THE IAUA`I COUNTY CODE 1987 AS AMENDED, RELATING TO THE BUILDING CODE [Approved.] PLANNING COMMITTEE REPORTS: CR-PL 2003-12: on Bill No. 'Z075 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLES 8 AND 9, OF THE IAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO DESIGNATION OF OPEN SPACE AREAS [Approved as amended.]