HomeMy WebLinkAbout2004-11-04 agendaCOUNCIL MEETING NOTICE and AGENDA
THURSDAY, NOVEMBER 4, 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 TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the followine meetines of the Council:
Regular Meeting of October 7, 2004
C(_)MMUNICATI(_)NS:
C 2004-295 Communication (09/29/2004) from C'ouncilmember Mel Rapozo,
transmitting for Council consideration, a resolution appointing
Tore Wistrom (First Term) to the Cost Control Commission as a
Council appointee. (See Resolutioru No. 2004-46)
C 2004-296 Communication (10/04/2004) from C'ouncilmember Daryl W.
Iianeshiro, transmitting for Council review and consideration, a
resolution urging Kaua`i's businesses to implement a drug-free
workplace policy. (See Resolutioru No. 2004-47)
C 2004-297 Commnunication (10/07/2004) from the Chief, Building Division,
transmitting the Monthly Report on Building Permit Information
for the mouth of August.
C 2004-298 Commnunication (10/07/2004) from the Chief, Building Division,
transmitting the Monthly Report on Building Permit Information
for the month of September.
Council Meeting Agenda 2 November 4, 2004
C 2004-299 Communication (10/13/2004) from the Solid Waste Program
Administrator, submitting for Council information, the monthly
reports from Island Recycling, Inc. for the months of July, August
and September 2004.
(~' 2004-300 (~'ommunication (10/06/2004) from the Purchasing & Assistant
(~'ontracts Administrator, transmitting for (~'ouncil information, the
FY 04/05 1't C~luarter Statement of Equipment Purchases. (Report
oiti file iati tltie Couitity Clerk's nffi.ce)
(~' 2004-301 (~'ommunication (10/04/2004) from the Solid Waste Program
Administrator, requesting (~'ouncil approval to receive and expend
grant funds in the amount of $100,000 from the State Department
of Health for local facilitation of the Deposit Beverage (~'ontainer
Program (coimnonly referred to as the "Bottle Bill"), which will be
used to:
• hire a temporary Recycling Specialist;
• assist with establishment of certified redemption centers;
• provide monitoring support;
• provide technical assistance; and
• provide education and outreach.
(~' 2004-302 (~'ommunication (10/28/2004) from the Planning Director,
requesting (~'ouncil approval of $25,345 (5% of the allocated funds)
from the ()pen Space & Natural Resource Preservation Fund,
which will be used for the following administrative purposes:
• Training expense $ 3,340
• Office supplies 1,200
• Equipment 5,540
• Commission expense 15,265
C 2004-303 Communication (10/18/2004) from the Executive on Housing,
requesting time on the next (~'ouncil meeting agenda to discuss
potential actions that the owner of the Iiaua`i Lagoons Resort
(~'ompany, Inc. could employ to settle its affordable housing
obligation.
Council Meeting Agenda 8 November 4, 2004
C 2004-304 Communication (09/16/2004) from the Planning Director,
requesting Council approval to:
1. take steps necessary to acquire the proposed new pedestrian
access easement at `Aliomanu Estates Subdivision beginning
with an appraisal, and
2. approve the proposal from Mr. Yanke, and his successors, to
pay for all reasonable costs and expenses related to
acquiring said pedestrian easement. (See Resoluti.oiti No.
?004-48)
(~' 2004-305 (~'ommunication (10/29/2004) from (~'ouncilmember Mel. Rapozo,
requesting that the Deputy (~'ounty Engineer be present at the
November 4, 2004 (~'ouncil meeting to discuss the remaining
capacity and the status of the application for vertical expansion of
the Iiekaha Landfill.
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 $8,281.18
from the light equipment account, so needed work on smaller
engines and machines can be clone. (Defer~r~ed 10/21 /2004)
F/IGR 2004-8 Communication (10/15/2004) from Maurice "Joe" Munechika,
F/IGR Committee Chair, requesting that the Administration be
present to discuss the Year 2005 Kauai County Legislative
Package and the Hawaii State Association of Counties (HSAC)
Legislative Package. (Refer~r~ed to the fill Courucil oru 10/28/2004)
a) (~'oimnunication (10/26/2004) from (~'ouncihnember JoAiui
A. Yukimura transmitting for (~'ouncil review and
consideration, a proposed bill for consideration as part of
the 2005 Iiaua`i (~'ounty Legislative Package and the
Hawaii State Association of (~'ounties Legislative
Package, that will allow liquor commissioners to use
revenues derived from fine and fees in furtherance of
programs that work to minimize the incidence of alcohol
abuse.
Council Meeting Agenda 4 November 4, 2004
Cc_)MMITTEE REPc_)RTS:
FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT:
CR-F/IGR 2004-14: on F/IGR 2004-3
Commnunication (10/15/2004) from Maurice
"Joe" Munechika, F/IGR Committee ('hair,
requesting that the Administration be
present to discuss the Year 2005 Iiaua`i
County Legislative Package and the Hawaii
State Association of Counties (HSAC)
Legislative Package.
[Referred to full Council.]
COMMUNITY ASSISTANCE COMMITTEE REPORT:
CR-CA 2004-9: on Resolution No. 2004-44
RESc_)LUTIc_)N ESTABLISHING Cc_)UNCIL
Pc_)LICY Tc_) AC(aUIRE LAND Fc_)R THE
DEVELc_)PMENT OF AFFc_)RDABLE
Hc_)USING
[Approved as amended.]
ENERGY & PUBLIC SAFETY COMMITTEE REPORT:
CR-EPS 2004-8: on C 2004-276
Communication (09/16/2004) from
C'ouncilmember Mel Rapozo, requesting that
the Interim Police Chief be present at the
October 7, 2004 Council meeting to respond
to his inquiry on the status of the ten (10)
Police Department Public Safety Worker
positions that are included in the 2004-2005
fiscal year budget.
[Received for the record.]
PARKS & PUBLIC WORKS COMMITTEE REPORT:
CR-PPW 2004-8: on PPW 2004-2
Communication (10/6/2004) from James
Iiunane Tokioka, Parks & Public Works
Coimnittee Chair, requesting agenda time
for representatives of Waste Management,
Inc. to make a presentation regarding
landfill, including how a landfill is sited,
designed, and built.
[Received for the record.]
Council Meeting Agenda 5 November 4, 2004
PLANNING COMMITTEE REPORT:
CR-PL 2004-12: on PL 2004-8
Communication (9/13/2004) from JoAnn A.
Yukimura, Planning Committee Chair,
requesting that the Planning Department
submit quarterly reports on all major
projects currently undertaken for the first
quarter of Fiscal Year 2004-2005 (July,
August and September).
[Received for the record.]
RESOLUTIONS:
Resolution No. 2004-44, Draft 1, RESOLUTI( )N ESTABLISHING COUNCIL
P( )LILY TO ACC~UIRE LAND F( )R THE DEVEL( )PMENT OF AFFORDABLE
HOUSING (Tltie Commuitii.ty Assistaitice Committee recommeitided approval as
ameitided oiti 10/28/2004)
Resolution No. 2004-4G RES(_)LUTI(_)N APP(_)INTING MEMBER T(_) THE
C(_)ST C(_)NTR(_)L C(_)MMISSI(_)N (Tore Wistrom, Council Appointee, First Term)
Resolution No. 2004-47, RES(_)LUTI(_)N URGING IiAUA'I BUSINESSES T(_)
IMPLEMENT ADRUG-FREE WURIiPLACE Pc_)LICY
Resolution No. 2004-48, RES(_)LUTI(_)N ACCEPTING FEES AND C(_)STS T(_)
AC(aUIRE A PEDESTRIAN ACCESS EASEMENT OVER AND ACRc_)SS
PRc_)PERTY Lc_)CATED AT 'ALIUMANU ESTATES
BILLS FOR SECOND READING:
Bill No. 2107, Draft 2 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, I~AUA`I COUNTY CODE, 1987, RELATING TO DEDICATION OF
HOME EXEMPTION PR( )PERTY TO PERMANENT HOME USE (Deferred
10/21/2004)
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(
LIMITATI( )N OF TAXES ON PR( )PERTY USED F( )R L( )Nc x TERM
AFF( )RDABLE RENTAL (Deferred 10/21 /2004)
Council 112eeting Agenda 6 November 4, 2004
EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") X92-7(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. X92-4 and
shall be limited to those items described in H.R.S. §92-5(a). (Confidential reports on
file in the County Attorney's Office and/or the County Clerk's Office. Discussions
Held in ExecutiUe Session are closed to the public.)
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, andlor liabilities of the
Council and the County as they relate to this agenda item. (Deferred
IQ/2I/20D4)
ES-166 Pursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a)(4), the purpose of this
executive session is to discuss the status of Mandalay Properties
Hawaii LLC vs. County of Kauai, Civil No. 04-00446 SON1 LEK,
United States District Court. This consultation involves consideration
of the powers, duties, privileges, immunities, andlor 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.
Ball No. 2110 - A BILL FOR . L'~' ORDL~ANCE TO AMEND CHAPTER SA, ARTICLE 9, SECTION SA-9.1, KAUA `I COUNTY
CODE 1987. RELATLrVG TO DEDIC~ ~TION OF LAI~'DS
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.