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Home My WebLink About2004-11-18 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, NOVEMBER 18, 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: Mid-Month Meeting of October 21, 2004 Special Meeting of October 21, 2004 Executive Meeting of November 4, 2004 Special Meeting of November 9, 2004 Public Hearing of November 4, 2004, Re: Bill No. 2110 CUMMUNICATIUNS: C 2004-300 Communication (10/06/2004) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 04/05 1't (quarter Statement of Equipment Purchases. (Defer~r~ed 11/4/2004) C 2004-305 Communication (10/29/2004) from C'ouncilmember Mel Rapozo, requesting that the Deputy County Engineer be present at the November 4, 2004 Council meeting to discuss the remaining capacity and the status of the application for vertical expansion of the Iiekaha Landfill (Deferred 11/4/2004) Council Meeting Agenda 2 November 18, 2004 C 2004-306 Communication (10/27/2004) from the Executive on Housing, requesting Council review and approval of the Community Development Block Grant (CDBG) and H(_)ME Investment Partnerships Program (HUME) Resolutions for fiscal years 2005 and 2006 to establish priorities for funding projects that may be proposed through an application process. (See Resolution No. 2004- 49 and Resolution No. 2004-50) (~' 2004-307 Commnunication (10/14/2004) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution establishing a school bus stop on ()lohena Road. (See Resolution No. 2004-51) (~' 2004-308 Commnunication (10/14/2004) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a traffic resolution prohibiting left turns from Nuhou Street onto the Regency at Puakea's emergency access driveway and vice versa. (See Resolutioru No. 2004-52) C 2004-809 Communication (10/18/2004) from the Director of Finance, transmitting for Council information, the Iiaua'i Humane Society's first quarter report for FY 2005, July 1, 2004 through September 2004, and the Financial Statement and Independent Auditor's Report for the years ended June 80, 2004 and 2003. (Reports oru file tiro the Couruty Clerk's Office) C 2004-810 Communication (10/25/2004) from the Director of Finance, submitting Financial Reports for the Month ending September 80, 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.) (~' 2004-311 Communication (10/26/2004) from the Director of Finance, transmitting for Council information, the Cash/Investment Balances for the 1Gt C~luarter ending September 30, 2004. Council Meeting Agenda 8 November 18, 2004 C 2004-312 Communication (08/27/2004) from the Chief of Police, requesting Council approval to purchase an initial twenty (20) Taser X26 Energy weapons and accessories for officer use and training for $24,022.85 from the Kauai Police Department's asset forfeiture account. C 2004-313 Communication (10/25/2004) from the First Deputy Prosecuting Attorney.. requesting Council approval to purchase paneling for work stations within the Prosecutor's ~ )flice for approximately $1,900 from the Salary Accomit. C 2004-314 Communication (10/26/2004) from the Engineer VI, ~ operations & Construction, transmitting for Council approval, the Island Wide Resurfacing List for fiscal year 2004-2005. CLAIMS: C 2004-315 Communication (10/27/2004) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Darryl Matsumura, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kana`i. C 2004-316 Commnunication (11/08/2004) from the County Clerk, transmitting a claim filed against the County of Kauai by Diane Huddy, for damage to her vehicle, pursuant to Section 28.06, Charter of the County of Kauai. C 2004-317 Communication (1 110 912 0 0 4) from the County Clerk, transmitting a claim filed against the County of Kauai by Melanie A. Turner, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2004-318 Communication (L 1/09/2004) from the County Clerk, transmitting a claim filed against the County of Kauai by James McC,ool, for damage to his vehicle, pursuant to Section 23.00, Charter of the County of Kauai. Council Meeting Agenda 4 November 18, 2004 C 2004-319 Communication (11/09/2004) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Theresa Iioki, for damage to her vehicle, pursuant to Section 28.06, Charter of the County of Iiaua`i. C 2004-320 Commnunication (11/10/2004) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Herman Y.W. Chong III, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. COMMITTEE REPORTS: PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2004-9: on C 2004-301 Communication (10/04/Z004) from the Solid Waste Prograni Administrator, requesting Council approval to receive and expend grant funds in the aniount of $100,000 from the State Department of Health for local facilitation of the Deposit Beverage Container Prograni (commonly 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. [Approved.] PLANNING COMMITTEE REPORT: CR-PL 2004-13: on C 2004-304 Communication (09/ 16/Z004) 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 Council Meeting Agenda 5 November 18, 2004 CR-PL 2004-14: on Resolution No RESOLUTIONS: Z. approve the proposal from Mr. Yanke, and his successors, to pay for all reasonable costs and expenses related to acquiring said pedestrian easement. [Approved.] 2004-48 RESOLUTION ACCEPTING FEES AND COSTS TO ACQUIRE A PEDESTRIAN ACCESS EASEMENT OVER AND ACROSS PROPERTY LOCATED AT `ALIOMANU ESTATES [Approved.] Resolution No. 2004-48, RESOLUTI( )N ACCEPTING FEES AND COSTS TO ACC~UIRE A PEDESTRIAN ACCESS EASEMENT OVER AND ACROSS PR( )PERTY LOCATED AT `ALIOMANU ESTATES (Tltie Plaitiitiiatig Committee recommeitided approval oiti 11 /9/2004) Resolution No. 2004-49, ESTABLISHING C(_)UNTY PRI(_)RITIES F(_)R USE OF Cc_)MMUNITY DEVELc_)PMENT BLc_)CIi GRANT - SMALL CITIES PRc_)GRAM Resolution No. 2004 50, ESTABLISHING C(_)UNTY PRI(_)RITIES F(_)R USE OF Hc_)ME INVESTMENT PARTNERSHIPS PRc_)GRAM Resolution No. 2004 51, RES(_)LUTI(_)N ESTABLISHING A SCH(_)(_)L BUS STc_)P UN ULUHENA Rc_)AD, IiAWAIHAU DISTRICT, Cc_)UNTY OF IiAUA`I Resolution No. 2004-52, RES( )LUTION PR( )HIBITING LEFT TURNS FR( )M NUHOU STREET ONTO THE REGENCY AT PUAKEA'S ACCESS DRIVEWAY, AND VICE VERSA, LIHU`E DISTRICT, COUNTY OF KAUAI Council Meeting Agenda 6 November 18, 2004 EYECUTIVE SESSI(_)N: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(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. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). (Coitifi.deititi.al reports oiti file iati tltie Couitity Attontiey's nffi.ce aitid/or tltie Couitity Clerk's nffi.ce. Discussi.oitis ltield iati Executi.ue Sessi.oiti are closed to tltie publi.c.) 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 Prouerties Hawaii LLC vs. County of Kauai, Civil No. 04-00446 SOM LEK, United States District Court. 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 11/4/2004) ES-168 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to request approval to retain special counsel to represent the County in Darla Abbatiello v. County of Kauai, et al., Civ. No. 04-00562 S(_)M/BMIi (U.S. District Court, District of Hawaii) and related matters. 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-169 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to approve the County Attorney's recommendation for an additional appropriation for special counsel in Alvin M. Seto v. Georee Freitas, Jr., et al., Civ. No. 03-00259 MEA LEIi (U.S. District Court, District of Hawaii). This consultation involves consideration of powers, duties, privileges, immunities, and/or liabilities of the Council and the 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.