The URL can be used to link to this page

Home My WebLink About2004-08-18 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, AUGUST 18, 2004 1:00 P.M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meeting of the Council: Mid-Month Meeting of July 'Z'Z, 'Z004 Special Meeting of August 5, 'Z004 Regular Meeting of August 5, 'Z004 Public Hearing of August 5, 'Z004, re: Resolution No. 'Z004-36, Draft 1 COMMUNICATIONS: C'Z004-'Z39 Communication (07/'Z6/'Z004) from the Executive on Housing, requesting agenda time on the August 18, 'Z004 Council meeting agenda to provide Gary Kai, Board Chair, and Kendall Hirai, Executive Director, of the Hawaii Homeownership Center (HHOC), to make a presentation describing their plans to implement a Kauai Home Ownership Prograni. C 'Z004-'Z40 Communication (08/06/'Z004) from the Council Chair, transmitting a resolution, aniending Resolution No. 'Z004-30 and Resolution No. 'Z004-31, to set the term expiration dates of appointments to the Kauai County Charter Review Commission. (See Resolution No. 2004-39) C 'Z004-'Z41 Communication (08/ 1'Z/'Z004) from Councilmember JoAnn A. Yukimura, transmitting a resolution for Council consideration, in response to the recent tobacco campaign of Kauai Iolada. (See Resolution No. 2004-40) Council Meeting Agenda Z August 18, 2004 C 2004-Z4Z Communication (07/Z3/Z004) from the Executive on Aging, requesting Council approval to accept a donation of nine (9) shredders with an approximate value of $360.00 from M&P Legal Services of Lihu`e, for use by the seniors at the Neighborhood Centers throughout the island. C 2004-Z43 Communication (08/03/Z004) from the Solid Waste Program Administrator, requesting Council approval to receive and expend grant funds not to exceed $4,500 from the Environmental Protection Agency, through the State Department of Health, to conduct a demonstration project associated with the Deposit Beverage Container Program (commonly referred to as the "Bottle Bill"). C 2004-Z44 Communication (08/09/Z004) from Council Chair, requesting Council approval to release the County Attoiliey's opinion regarding the Charter Review Commission Appointment of Commissioners as a public document. C 2004-Z45 Communication (08/ 11/Z004) from the Director, Offices of Community Assistance, requesting Council's approval of office furniture for the Recreation Agency for approximately $3,000. C 2004-Z46 Communication (08/ 11/Z004) from all Councilmembers, transmitting for Council approval, a resolution relating to the initiation of a Performance Audit for the Kilauea Gymnasium Project, Building Division, Department of Public Works. (See Resolution No. 2004-42) C 2004-Z47 Communication (08/ 10/Z004) from Councilmember Mel Rapozo, declaring a conflict of interest on the donation of nine (9) shredders to the Neighborhood Centers. 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 meeting to provide an update on the status of the liilauea Gym roof and floor repairs, and to respond to a previous inquiry dated March 5, 2004 from Councilmember Furfaro. (Deferred O8/OS/04) Council Meeting Agenda 3 August 18, 'Z004 LEGAL DOCUMENTS: C'Z004-'Z48 Communication (08/0'Z/'Z004) from the Executive on Housing, recommending Council approval to aniend a Ground Lease between the County of Iaua`i and Ialepa Village Partners to facilitate the development and tax credit financing of Kalepa Village Phase 'ZB, TMK: (4) 3-8-O'Z:'Z3. CLAIMS: C'Z004-'Z49 Communication (08/0'Z/'Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Barbara Elmore, for damage to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C'Z004-'Z50 Communication (08/0'Z/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Rawlins L. Wills, for daniage to their vehicle, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C'Z004-'Z51 Communication (08/03/'Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Ronald A. Garania, for damage to their vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C'Z004-'Z 5'Z Communication (08/03/'Z004) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by the State of Hawaii, Department of Transportation, Highways Division, for damage to property, pursuant to Section 'Z 3.06, Charter of the County of Kauai. COMMITTEE REPORTS: For information on items deferred at the August 1'Z, 'Z004 Committee Meetings, please refer to the minutes of those meetings. COMMITTEE OF THE WHOLE REPORT: CR-W 2004-11: on Resolution No. 'Z004-36, Draft 1 RESOLUTION PROPOSING A CHARTER AMENDMENT TO ARTICLE XXVIII RELATING TO THE REVENUE AND COST CONTROL COMMISSION [Approved.] Council Meeting Agenda 4 August 18, 2004 RESOLUTIONS: Resolution No. 2004-37, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE IiAUA`I COUNTY CHARTER REVIEW COMMISSION (Linda Moriarty) (Deferred O8/OS/04) Resolution No. 2004-39, RESOLUTION AMENDING RESOLUTION NO. 2004-30 AND RESOLUTION NO. 2004-31 TO INSERT THE TERM EXPIRATION DATES OF MAYORAL APPOINTMENTS TO THE IAUA`I COUNTY CHARTER REVIEW COMMISSION (Michael Belles, Ramon De La Pena, Galen Nakaniura, Barbara Robeson, John Isobe) Resolution No. 2004-40, RESOLUTION STRONGLY OBJEC'T'ING TO R.J. REYNOLDS' USE OF KAUAI'S NAME ON A TOBACCO PRODUCT AND CALLING FOR A BOYCOTT ON ALL R.J. REYNOLDS PRODUCTS Resolution No. 2004-41, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE IAUA`I COUNTY CHARTER REVIEW COMMISSION (Louis Abrams) Resolution No. 2004-4'Z, RESOLUTION AUTHORIZING A PERFORMANCE AUDIT OF THE IILAUEA GYMNASIUM PROJECT, BUILDING DIVISION, DEPARTMENT OF PUBLIC WORKS, PURSUANT TO SECTION 3.1Z(B), CHARTER RESOLUTION FOR SECOND READING: Resolution No. 2004-36, Draft 1 - RESOLUTION PROPOSING A CHARTER AMENDMENT TO ARTICLE XXVIII RELATING TO THE REVENUE AND COST CONTROL COMMISSION (The Committee of the Whole recommended approval on 08/12/2004) 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 5 August 18, 2004 ES-126 Pursuant to Haw. 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 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/ar liabilities of the Council and the County as they relate to this agenda item. (Deferred 08/05/2004) ES-152 Pursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a)(4), the purpose of this executive session is to request Council approval to retain special counsel for election and ballot 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. 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 Btll No. 2106 - A BILL, FOR AN ORDINANCE AMENDING SECTION SA-11.4(e), RELATING TO RF-AT, PROPERTY TAXATION Proposed Drafft Bill Ago. 210' - A BILL, FOR t2,A~' ORDINANCE AMEIdDL\~Y~ CILAPTER 5_A, Iu2UA `I COUNTY CODE, 1987, RELATII~f(r TO 3~EDTCAT70~' OF HOME F, i FA~IPTTO,~PROPERTY TO PFRA~IA,'~'F,,'~'T NOrL1F. t~~SF. 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 200, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.