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Home My WebLink About2004-07-22 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JULY 22, 2004 1:00 P. M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Lihu`e, Iaua`i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meeting of the Council: Regular Meeting of June 7, 2004 Mid-Month Meeting of June 'Z4, Z004 COMMUNICATIONS: C 2004-'Z 14 Communication (07/08/Z004) from the Engineering Division, Public Works, transmitting for Council approval, three (3) traffic resolutions: 1. establishing crosswalks at Iahau Road and Lehua Street; Z. establishing no-parking at any time along a portion of Lehua Street and Kahau Road; and 3. relocating stop signs on Kahau Road and Lehua Street at their intersection with Olohena Road. (See Resolutions Nos. 2004-33, 2004-34 arid 2004-35) C 2004-'Z 15 Communication (06/09/Z004) from Councilmember Jay Furfaro, transmitting for Council consideration, a resolution proposing a charter amendment to Article XXVIII, Relating to the Revenue and Cost Control Commission. (See Resolution No. 2004-36) Council Meeting Agenda Z July 'Z'Z, 'Z004 C 'Z004-'Z 16 Communication (06/'Z3/'Z004) from the Council Chair, transmitting for Council consideration, a proposed bill extending the County's Circuit Breaker Credit to December 31, 2005. (See Proposed Draft Bill No. 2106) C 'Z004-'Z 17 Communication (07/ 13/'Z004) from Councilmember Jay Furfaro, transmitting for Council consideration, an amendment to the Dedication of Home Property to Peiluanent Home Use ordinance. (See Proposed Draft Bill No. 2107) C 'Z004-'Z 18 Communication (07/0'Z/'Z004) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 03/04 4t1' Quarter Statement of Equipment Purchases. (Report on file in the County Cleric's Office) C 'Z004-'Z 19 Communication (07/06/'Z004) from the Solid Waste Program Administrator, submitting for Council information, the monthly reports from Island Recycling, Inc. for the months of May and June 'Z004. C 'Z004-'Z'ZO Communication (07/07/'Z004) from the Mayor, transmitting for Council information, his appointment of La France Ii. Iapaka- Arboleda (At-Large, one year term) to the Public Access, Open Space and Natural Resources Preservation Fund Commission. C 'Z004-'Z'Z 1 Communication (06/'Z 1/'Z004) from Ii. C. Lum, Interim Chief of Police, requesting Council approval to apply for, accept, and expend a $49,999.00 grant from the Office of Justice Programs, G.R.E.A.T. (Gang Resistance Education And Training) Section, which will be used: 1. to educate 4~' and 7~' graders in elementary and middle schools on Kauai on gang resistance techniques; and Z. to provide training for the G.R.E.A.T. officers with updated teaching techniques and information; and 3. to assist a newly formed summer component and G.R.E.A.T. Families component; and 4. to purchase G.R.E.A.T. instructional material and equipment. Council Meeting Agenda 3 July 'Z'Z, 'Z004 C 'Z004-'Z'Z'Z Communication (06/'Z8/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Linda Moriarty to the County Charter Review Commission. C'Z004-'Z'Z3 Communication (06/30/'Z004) from the Civil Defense Administrator, requesting Council approval to accept and expend $'Z,'Z86,479 in grant fiords from the U.S. Department of Homeland Security, Office of Domestic Preparedness for the following areas: 1. 'Z004 State Homeland Security Prograni - $1,960,060 Z. 'Z004 Law Enforcement Terrorism Prevention Program - $301,437 3. 'Z004 Citizen Corps Prograni - $'Z5,000 C'Z004-104 Communication (03/'Z4/'Z004) from the Council Chair, requesting that the Deputy County Engineer be present at the March 31, 'Z004, Council meeting to provide an update on the status of the Kilauea Gym roof and floor repairs, and to respond to a previous inquiry dated March 5, 'Z004 from Councilmember Furfaro. (Deferred 07/08/2004) COMMITTEE REPORTS: '` For information on items deferred at the July 15, 'Z004 Committee Meetings, please refer to the minutes of those meetings. ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2004-6: on EPS 'Z004-4 Communication (5/'Z4/'Z004) from Mayor Bryan J. Baptiste, transmitting the five- year ('Z004-'Z009) Drug Response Plan which includes enforcement, treatment, prevention and community integration. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2004-7: on C 'Z004-'Z04 Communication (06/ 18/'Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of May. [Received for the record.] Council Meeting Agenda 4 July 'Z'Z, 'Z004 PLANNING COMMITTEE REPORTS: CR-PL 20049: on Bill No. 'Z099 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IiAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATIONS AT IUIUI`ULA, IAUA`I; AND REPEALING ORDINANCE NO. PM- 3'Z3-95 AND ORDINANCE NO. PM-349-99 (Kukui`Ula Development Company (Hawai`i), LLC, Applicant) [Approved as amended.] CR-PL 200410: on Bill No. 'Z 100, Draft 1 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 17, IAUA`I COUNTY CODE 1987 RELATING TO VISITOR DESTINATI ON AREA DESIGNATION AND REPEALING ORDINANCE NO. PM -350-99 FOR IUIUI`ULA, IAUA`I (Iukui`Ula Development Company (Hawai`i), LLC, Applicant) [Approved as amended.] COMMITTEE OF THE WHOLE REPORT: CR-W 2004-10: on C'Z004-'Z05 Communication (06/'Z3/'Z004) from the Director of Finance, transmitting Financial Reports--Month Ending May 31, 'Z004. [Received for the record.] RESOLUTIONS: Resolution No. 'Z004-33, RESOLUTION ESTABLISHING CROSSWALKS ACROSS LEHUA STREET AND IiAHAU ROAD, IiAWAIHAU DISTRICT, COUNTY OF IiAUA`I Resolution No. 'Z004-34, RESOLUTION ESTABLISHING NO-PARKING AT ANY TIME ALONG A PORTION OF LEHUA STREET AND IiAHAU ROAD, IiAWAIHAU DISTRICT, COUNTY OF IiAUA`I Council Meeting Agenda 5 July 'Z'Z, 'Z004 Resolution No. 'Z004-35, RESOLUTION RELOCATING STOP SIGNS ON IAHAU ROAD AND ON LEHUA STREET AT THEIR INTERSECTION WITH OLOHENA ROAD, IAWAIHAU DISTRICT, COUNTY OF IAUA`I Resolution No. 'Z004-36, RESOLUTION PROPOSING A CHARTER AMENDMENT TO ARTICLE XXVIII RELATING TO THE REVENUE AND COST CONTROL COMMISSION BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 106 - A BILL FOR AN ORDINANCE AMENDING SEC'T'ION 5A-11.4(e), RELATING TO REAL PROPERTY TAXATION Proposed Draft Bill No. 'Z 107 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, IAUA`I COUNTY CODE, 1987, RELATING TO DEDICATION OF HOME EXEMPTION PROPERTY TO PERMANENT HOME USE BILLS FOR SECOND READING: Bill No. 'Z099, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, IAUA`I COUNTY CODE 1987, RELATING TO ZONING DESIGNATIONS AT IUIUI`ULA, IAUA`I; AND REPEALING ORDINANCE NO. PM-3'Z3-95 AND ORDINANCE NO. PM-349-99 (Iukui`CTla Development Company (Hawai`i), LLC, Applicant) (The Planning Committee recommended approval as amended on 07/15/2004) Bill No. 'Z 100, Draft 'Z - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 17, IiAUA`I COUNTY CODE 1987 RELATING TO VISITOR DESTINATION AREA DESIGNATION AND REPEALING ORDINANCE NO. PM-350-99 FOR IUIUI`ULA, IAUA`I (Iukui`CTla Development Company (Hawai`i), LLC, Applicant) (The Plaririirig Committee recommended approval as amended on 07/15/2004) 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 Clerk's Office. Discussions held in Executive Session are closed to the public.) Council Meeting Agenda 6 July 'Z'Z, 'Z004 ES-1'Z6 Pursuant to Haw. Rev. Stat. Sections 9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions and issues relating to negotiations with Pruuatech Construction Company for the repair of Kilauea Gymnasium's roof. 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. (Deferred 07/08/2004) ES-146 Pursuant to Haw. Rev. Stat. ~~9'Z-4, 9'Z-5(a)(3), and 9'Z-5(a)(4), the purpose of this executive session is to provide advice and counsel regarding land use and public access issues. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the Cormty as they relate to this agenda item. (Deferred 07/08/2004) 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 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.