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HomeMy WebLinkAbout2004-10-21 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, OCTOBER 21, 2004 1:00 P.M., OR SOON THEREAFTER Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu'e, Iiaua'i, Hawaii MEETING CALLED Tc_) URDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of September 16, 2004 (Deferred 10/07/?004) Special Meeting of October 7, 2004 Public Hearings of October 7, 2004 re: Bill No. 2108 and Bill No. 2109 COMMUNICATIONS: C 2004-282 Communication (09/24/2004) from the Director of Finance, submitting Financial Reports for the Month Ending July 81, 2004: • Statement of Revenues (Estimated and Actual) • Statement of Expenditures and Encumbrances •Revenue Report •Detailed Budget Report (Copies of r~epor~ts oru file tiro the Couruty Clerk's Office.) C 2004-288 Communication (09/24/2004) from the Director of Finance, submitting Financial Reports for the Month ending August 81, 2004: • Statement of Revenues (Estimated and Actual) • Statement of Expenditures and Encumbrances •Revenue Report •Detailed Budget Report (Copi.es of reports on file iar fire County Clerk's Offi.ce.) C 2004-284 Statement from the Director of Finance and County Clerk, transmitting the Condition of the County Treasury as of September 1, 2004. Council Meeting Agenda Z October 'Z 1, 2004 (~' 2004-285 (~'oimnunication (10/15/2004) from (~'ouncihnembers Iianeshiro and Tokioka, submitting for (~'ouncil consideration, a bill to clarify that agriculturally dedicated lauds shall not be assessed at any higher value than its agriculture value until a potential homesite(s) is issued a (~'ertificate of Occupancy by the (~'ounty. (See Proposed Draft Bill No. ?110) C 2004-286 Communication (09/24/2004) from the Parks Administrator, requesting Council approval to accept a donation by Pualei Properties, LLC of a batting cage with an approximate value of $1,000.00 to be placed at Peter Rayno Park. C 2004-287 Communication (09/29/2004) from lung C Lum, Chief of Police, requesting Council approval to apply for, accept, and upend a $40,000 Secure Uur School Grant from the Department of Justice, Office of Community Oriented Policing Services, for a school safety project at liapa`a High School, with $20,000 of the 50% local match to be donated by the State Department of Education. (~' 2004-288 (~'oimnunication (09/30/2004) from the Prosecuting Attorney, requesting (~'ouncil approval to apply for, receive, and upend $56,070 of Juvenile Accountability Incentive Block Grant federal funds to administer the Iiaua`i Teen (~'ourt Program under Hale `( )pio for the period January 1, 2005 through December 31, 2005. (~' 2004-289 (~'oimnunication (09/23/2004) from the Fire (~'hief, requesting (~'ouncil approval to apply for, receive, and upend a $1950.00 Wal-Mart Safe Neighborhood Heroes Grant to subsidize the department's ongoing educational and promotional activities. C 2004-290 Communication (08/30/2004) from Edward Okamoto, Executive Assistant to the Mayor (Wailua Golf Course), requesting Council approval to purchase a portable table top equipment lift for the Wailua Golf Course mechanic shop, for approximately $3,281.18 from the light equipment account, so needed work on smaller engines and machines can be clone. Council Meeting Agenda 3 October 'Z 1, 2004 LEGAL DOCUMENT: C 2004-291 Communication (10/04/2004) from the Mayor, recommending Council approval of a Limited Warranty Deed With Covenants by Bank of Hawaii, conveying Lot 1 L IiukuioLono Subdivision, I~alaheo, I~aua`i, to the County for drainage purposes. CLAIMS: C 2004-292 Communication (09/27/2004) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Chasity Silva for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2004-293 Communication (09/29/2004) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Robert C'ottingham for personal injuries, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2004-294 Communication (10/12/2004) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Shane Tanioka for psychological injury and lost wages, pursuant to Section 23.06, Charter of the County of Iiaua`i. COMMITTEE REPORTS: Finance/Intergovernmental Relations Committee Reports: CR-F/IGR 2004-11: on Bill No. 2107, Draft 1 - A BILL FUR AN ORDINANCE AMENDING CHAPTER. 6A, IiAUA'I COUNTY CODE, 1957, RELATING TU DEDICATION OF HOME EXEMPTION PROPERTY TU PERMANENT HOME TJSE [Approved as amended.] CR-F/IGR 2004-12: on Bill No. 2108 - A BILL FUR. AN ORDINANCE TU AMEND CHAPTER. 6A OF THE IiAUA'I COUNTY CODE, 1957, RELATING TU REAL PROPERTY TAX [Referred to Committee of the Whole.] CR-F/IGR 2004-13: on Bill No. 2109 - A BILL FUR AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 5A, KATJA`I COTJNTY CODE, 1957, RELATING TO LIMITATION OF TA.~S ON PROPERTY USED FUR. LUNG TERM AFFORDABLE RENTAL [Approved as amended.] Council Meeting Agenda 4 October 'Z 1, 2004 Planning Committee Report: CR-PL 2004-11: 011 PL 2004-2 Communication (10/1/2000 from Councffmember JoAnn A. Yxil~imura, requesting that Exec Cx2spen, Honolulu Planning Du•ector, be present to give a presentation on the relationship between land use and traffic congestion which was given at a px2or workshop sponsored by the State Department of Transportation. [Received for the record.] Committee Of The Whole Report: CR-W 2004-12: on W 2004-5 RESOLUTIONS: Communication (10/5/2000 from Bill "Kaipd' Asing, Council Chair, requesting cliscussion regarcling the proposed "'Uhana Kaua'i' Charter amendment, Bill No. 2105, and the relationship of these and other property tax measures to Chapter 6A, "Real Property Tav," Iiaua'i County Code 1957. [Received for the record.] Resolution No. 2004-45, RESOLUTI( )N REC~IUESTING THAT THE ADMINISTRATI( )N ADOPT A NO-SPRAY POLICY F( )R MAINTENANCE OF COUNTY PARKS AND ROADSIDES (Deferred 10/07/2004) BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2110 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 5A, ARTICLE 9, SECTIc_)N 5A-9.1, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) DEDICATIc_)N OF LANDS BILLS Fc_)R SECc_)ND READING: Bill No. 2107, Draft 2 - A BILL F(_)R AN URDINANCE AMENDING CHAPTER 5A, IiAUA'I Cc_)UNTY Cc_)DE, 1987, RELATING Tc_) DEDICATIc_)N OF H(_)ME EXEMPTI(_)N PR(_)PERTY T(_) PERMANENT H(_)ME USE (See Committee Report No. F/IGR100~ll for Committee reeommen.dation.) Bill No. 2109, Draft 1 - A BILL FOR AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 5A, I~AUA`I COUNTY CODE, 1987, RELATING T( LIMITATION OF TAXES ON PR( )PERTY USED F( )R L( )NG TERM AFFORDABLE RENTAL (See Conanaittee Report No. F/IGR 200-13 for Conanaittee reeonameridatiori) Council Meeting Agenda 5 October 'Z 1, 2004 EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Council may, when deemed necessary, hold au 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. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). (Confi.denti.al reports on file iar fire County Attorney's nffi.ce and/or fire County Clerk's nffi.ce. Discussions held iar Executi.ue Session are closed to fire publi.c.) ES-158 Pursuant to Haw. Rev. Stat. §§92-4, 92-5(a)(2) and (4), and 92F-14(b)(4), the purpose of this executive session is to discuss a request for the Council to inquire into complaints made against County officials. This consultation involves significant privacy interests and consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 09/30/2004, perrdirrg tiro cirucilysis by the Conrucil's Legcil Aracilyst) ES-159 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to discuss the status of County of Iiaua`i Contract No. 6644 (Island Recycling, Inc.). This consultation involves consideration of the powers, duties, privileges, immnunities, and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 10/07/?004) ES-160 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(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, immnunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES-161 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(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. Council Meeting Agenda 6 October 'Z 1, 2004 ES-162 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the (~'ounty's legal counsel for purposes of requesting (~'ouncil approval of a proposed settlement of a worker's compensation claim. This consultation involves consideration of the powers, duties, privileges, immnunities, and/or liabilities of the (~'ouncil and the (~'ounty as they relate to this agenda item. ES-163 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(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-164 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 to represent the County of Kauai in a worker's compensation appeal case. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the (~'ounty as they relate to this agenda item. ADJOURNMENT. NOTE: SPECIAL AC,C,OMMODATIONS AND SIGN LANC~UAC~E INTERPRETER AND INTERPRETERS FOR NON-ENCxLISH 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, IiAUA`I. TELEPHONE NO. 241-6371.