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Home My WebLink About2004-09-16 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, SEPTEMBER 16, 2004 1:00 P.M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Regular Meeting of August 18, 'Z004 Public Hearing of August 18, 'Z004, re: Bills Nos. 'Z 106 and 'Z 107 Executive Meeting of September 'Z, 'Z004 COMMUNICATIONS: C'Z004-'Z61 Communication (08/30/'Z004) from the Director, Office of Economic Development, requesting agenda time on the September 16, 'Z004 Council meeting agenda to present their progress on the Comprehensive Economic Development Survey (CEDS), which is being developed for the Economic Development Administration (EDA), so when completed will allow EDA to better focus funding for economic development projects on Iaua`i. C'Z004-'Z 6'Z Communication (09/O1/'Z004) from Councihuembers JoAnn A. Yukimura and Mel Rapozo, transmitting for Council consideration, a bill adding a new section to Article 8 of Chapter 5A, Iaua`i County Code 1987, limiting increases in real property taxes to 6% for those properties that are used as long term affordable rentals. (See Proposed Draft Bill No. 2109) Council Meeting Agenda Z September 16, 2004 C 2004-Z63 Communication (08/ 18/Z004) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of June 30, 2004. (Reports on file in the County Cleric's Office) C 2004-Z64 Communication (08/Z5/Z004) from the Director of Personnel Services, transmitting for Council infoiluation, quarterly reports relative to vacancies, established positions, new hires, reallocations and promotions. (Confidential reports on file in the County Cleric's Office.) C 2004-Z65 Communication (08/ 18/Z004) from the Parks Administrator, requesting Council approval to accept a donation from Mr. Shawn M. Smith, General Manager of Falko Partners, LLC, for a set of goal posts valued at $2,000 for the Kapa`a New Park Football/Soccer field, and that a thank you letter be sent to Mr. Smith for the donation. 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 fire Kilauea Gym roof and floor repairs, and to respond to a previous inquiry dated March 5, 2004 from Councihuember Furfaro. (Deferred 09/02/04) LEGAL DOCUMENTS: C 2004-Z66 Communication (09/08/Z004) from the Deputy County Engineer, requesting Council approval of a Memorandum of Understanding between the State of Hawaii, Department of Defense, and the County of Iaua`i to use State fiords ($12,500.00) for services provided at the Veterans' Cemetery on Iaua`i. CLAIMS: C 2004-267 Communication (08/25/2004) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Jay Lotu and Hazel Lotu, and as next friend of Sieanna Lotu, a minor, for personal injuries, pursuant to Section 23.06, Charter of fire County of Kauai. Council Meeting Agenda 3 September 16, 2004 C 2004-Z68 Communication (08/Z6/Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by Daniel Hempey, for his client David Denson, for an illegal arrest and loss of wages, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C 2004-Z69 Communication (09/03/Z004) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Richard Fuller, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. BILL FOR FIRST READING: Proposed Draft Bill No. 'Z 109 - A BILL FOR AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 5A, IAUA`I COUNTY CODE, 1987, RELATING TO LIMITATION OF TAXES ON PROPERTY USED FOR LONG TERM AFFORDABLE RENTAL 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 Cleric's Office. Discussions held in Executive Session are closed to the public.) ES-155 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to approve the Cotmty Attorney's recommendation for an additional appropriation for special counsel in Jacquelyn Ii. Tokashiki vs. George Freitas, Cotmty of Kauai, et al., Civil No. 0'Z-1-0086 (Fifth Circuit Court) and Jacquelyn K. Tokashiki vs. George Freitas, Civil No. CV 03-00065 ACI/LEI (U.S. District Court). This consultation involves consideration of powers, duties, privileges, immunities, and/or liabilities of the Council and fire County as they relate to this agenda item. 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.