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HomeMy WebLinkAbout2004-08-05 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, AUGUST 5, 2004 1:00 P. M., OR SOON THEREAFTER 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 meeting of the Council: Regular Meeting of July 8, 'Z004 Special Meeting of July 15, 'Z004 Executive Meeting of July 'Z9, 'Z004 COMMUNICATIONS: C 'Z004-'Z'Z4 Communication (07/ 15/'Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Peiluit Information for the month of June. C'Z004-'Z'Z5 Communication (07/'ZO/'Z004) from the Director of Finance, transmitting for Council information, the Kauai Humane Society's Annual Report for Animal Care & Control Services & Community Pet Spay/Neuter & ID Program for July 1, 'Z003 to June 30, 'Z004. C 'Z004-'Z'Z6 Communication (07/'Z'Z/'Z004) from the Director of Finance, transmitting Financial Reports--Month Ending June 30, 'Z004. (Copies of Detailed Budget Report (Listing), Statement of Revenues-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Cleric's Office). Council Meeting Agenda Z August 5, 'Z004 C 'Z004-'Z'Z7 Communication (07/09/'Z004) from the Mayor, transmitting for Council uifoiluation, his appointment of Barbara Childers, Waimea-Kekaha, to the Public Access, Open Space and Natural Resources Preservation Fund Commission (3-year term). C 'Z004-'Z'Z8 Communication (07/ 13/'Z004) from the Mayor, transmitting for Council confirmation, his re-appointment of Norman Akita, to the Civil Service Commission. C 'Z004-'Z'Z9 Communication (07/ 14/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Louis E. Abranis, to the County Charter Review Commission. C 'Z004-'Z30 Communication (06/ 10/'Z004) from the Interim Chief of Police, requesting Council approval to apply for, receive and expend approximately $'Z,695 in State Asset Forfeiture Funds, to send the identification lieutenant to the 89~' International Educational Conference of the International Association for Identification (LA.L) in St. Louis, Missouri from August 'Z'Z-'Z7, 2004. C 'Z004-'Z31 Communication (07/ 14/'Z004) from the Fire Chief, requesting Council approval to accept a $1,500 donation from the Chevron Products Company, which will be used to defray costs incurred to train four (4) firefighters at the Hawaii Petroleum Fire Protection Course which was held on Oahu on June 'Z 1-'Z5, 2004. C 'Z004-'Z 3'Z Communication (07/ 19/'Z004) from the Parks Administrator, requesting Council approval to apply for, accept and expend a National Park Service Land and Water Conservation Fund grant in the amount of $4'Z,000 to install playground equipment at the Hanapepe Heights and Hanapepe Cliffside Parks. C'Z004-'Z33 Communication (07/'Z9/'Z004) from the Director, Department of Liquor Control, transmitting for Council review and approval, a resolution approving an increase in fees for the individual peiluits to receive shipments of liquor and the annual percentage fees. (See Resolution No. 2004-38) Council Meeting Agenda 3 August 5, 2004 C 2004-104 Communication (03/Z4/Z004) from the Council Chair, requesting that the Deputy County Engineer be present at the March 31, 2004, Council meetuig 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, 2004 from Councilmember Furfaro. (Deferred 07/22/2004) LEGAL DOCUMENTS: C 2004-Z34 Communication (06/ 17/Z004) from the Interim Chief of Police, recommending Council approval to extend the County's license agreements with: 1. Visionary LLC, dba Lihu`e Land Company Inc. for the Ialepa Radio Station site; and Z. Grove Farm Company Incorporated for the Kipu-Maluhia Firing Range. C 2004-Z35 Communication (07/ 16/Z004) from the Chief of Operations and Construction, Public Works, recommending Council approval of Right of Entry Agreements between the County of Iaua`i and the: 1. Department of Land and Natural Resources (DLNR), TMI: 4-8-18: por. Z8; and the Z. Department of Hawaiian Home Lands (DHHL), TMK: 4-8- 1Z:10 por., and approval of the indemnification of the respective agencies to allow the County to do repair work on `Aliomanu Road in Anahola. CLAIMS: C 2004-Z36 Communication (07/ 14/Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by Leighton Muraoka, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Iaua`i. C 2004-Z 37 Communication (07/ 15/Z004) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by Deborah Linnemann, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 August 5, 'Z004 C'Z004-'Z38 Communication (07/'Z1/'Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by Lolita C. Fernandez, for damage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. COMMITTEE REPORTS: '` For information on items deferred at the July 'Z9, 'Z004 Committee Meetings, please refer to the minutes of those meetings. ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-ED 2004-4: on ED 'Z004-3 RESOLUTIONS: Communication (5/'Z6/'Z004) from Councihuember Jay Furfaro, requesting that Mr. Richard Weiser (developer), Stanley Yasumoto and Mark Higa (from Architects Hawai`i), be present to brief the Committee on the potential plans of the historic Coco Palms Resort in Wailua. [Received for the record.] Resolution No. 2004-37, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE IAUA`I COUNTY CHARTER REVIEW COMMISSION (Linda Moriarty) Resolution No. 'Z004-38, RESOLUTION FOR THE INCREASE IN FEES FOR THE INDIVIDUAL PERMITS TO RECEIVE SHIPMENTS OF LIQUOR AND THE ANNUAL PERCENTAGE FEE 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 5 August 5, 2004 ES-lZ6 Pursuant to Haw. Rev. Stat. Sections 9'Z-4 and 9Z-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 Primatech 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 07/22/2004) ES-146 Pursuant to Haw. Rev. Stat. ~~9Z-4, 9Z-5(a)(3), and 9Z-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 County as they relate to this agenda item. (Deferred 07/22/2004) ES-149 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 for purposes of requesting Council approval of a proposed settlement of a worker's compensation claim. 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-150 Pursuant to Haw. Rev. Stat. ~~9Z-4, 9Z-5(a)(3), and 9Z-5(a)(4), the purpose of this executive session is to provide advice and counsel regarding land use and public access issues at Papa`a, Kauai. This consultation also involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to a Federal lawsuit regarding this agenda item. ADJOURNMENT Council Meeting Agenda 6 August 5, 2004 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. Reso7ufion No. 2004-36, RESOLLrTION PROPOSINCU A CHARTER ANIENDNIENT TO ARTICLE XXhIII RELATINCU TO THE REi ENl.~E.9ND COST CONTROL COIlGIILSSION 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 t_iffice as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on ury item which 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.