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HomeMy WebLinkAbout06-20-2007COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JUNE 20, 2007 9:00 A.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: Special Council Meeting of May 23, 2007 Special Council Meeting of May 29, 2007 Council Meeting of June 6, 2007 Public Hearing of June 6, 2007, re: Bill No. 2226 CUMMUNICATIUNS: C 2007- 229 Communication (05/81/2007) from the Mayor, transmitting for Council action: 1) the cost items for UPW Bargaining Unit 1 for appropriations, and 2) a bill approving the agreement for Unit 1, for the period of July 1, 2007 through June 80, 2009. (See Proposed Draft Bill No. 2228) C 2007-280 Communication (05/31/2007) from the Mayor, transmitting for Council action: 1) the cost items for HGEA Bargaining Units 2, 8, 4, and 13 for appropriations, and 2) a bill approving the agreement for Units 2, 3, 4, and 13, for the period of July 1, 2007 through June 30, 2009. (See Proposed Draft Bill No. 2229) C 2007-231 Commnunication (05/31/2007) from the Mayor, transmitting for Council action: 1) the cost items for Unit 12 for appropriations, and 2) a bill approving the agreement for Unit 12, for the period of July 1, 2007 through June 30, 2011. (See Proposed Draft Bill No. 2230) Council Meeting Agenda 2 June 20, 2007 C 2007-232 Communication (06/05/2007) from C'ouncilmember JoAnn A. Yukimura, transmitting for Council consideration, an amendment to Ordinance No. B-2007-656, relating to the FY 07-08 (_~~erating Budget, which includes eliminating funding for the Director of the Offices of Community Assistance and the Administrative Specialist (UCA), and transferring that funding to the newly established Housing Director and Administrative Specialist (Housing), and provides the Director of Finance with authorization to transfer and assign the appropriate accounts to the respective agencies pursuant to Ordinance No. 850. (See Proposed Draft Bill No. 2231) (~' 2007-233 Oormnunication (05/02/2007) from the (~'hief, Building Division, Department of Public Works, transmitting for Oouncil information, the Building Permit Information Report for April 2007 that includes the following items: 1. Building Permit Processing Report 2. Building Permit Estimated Value Summary 8. Building Permits Tracking Report 4. Building Permits Status C 2007-284 Communication (05/18/2007) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the emergency purchase of a refrigerator/freezer to replace a broken unit at the Lihu`e Fire Station. C 2007-285 Communication (06/05/2007) from the Director of Personnel Services, transmitting for Council information, the third quarter report (January -March) relative to vacancies, established positions, new hires, reallocations and promotions. (Reports ora file i.rr the Coieraty Clerk's Office.) (~' 2007-236 Submittal by the Salary Cormnission of the County of Iiaua`i: 1. Amendments to the April 11, 2007 Report, and 2. Resolution Proposing an Ordinance Amendment Relating to Salaries. (~' 2007-237 Commnunication (05/03/2007) from the Acting Chief of Police, requesting Council approval and support to request $50,000 from the State Asset Forfeiture Fund administered by the State Attorney (xeneral, to host the annual Inter-County Detectives Training Seminar at the Iiaua`i Hilton Hotel from October 17-10. 2007. Council Meeting Agenda 8 June 20, 2007 C 2007-288 Communication (06/07/2007) from the Prosecuting Attorney, requesting Council approval to receive and expend $491.00 of state asset forfeiture funds from the State of Hawaii, Department of the Attorney General, to procure one (1) digital camera, 4GB memory stick, and camera case for the investigative team's use. (~' 2007-239 (~'oimnunication (06/07/2007) from the Prosecuting Attorney, requesting (~'ouncil approval to receive and expend $4,100.00 of federal Highway Safety Funds from the State of Hawaii, Department of Transportation, which will be used for travel and training expenses of Deputy Prosecutors attending a traffic crime investigation course, prosecution training course, quarterly traffic commanders meetings, and training and/or grant orientation session. (~' 2007-240 (~'oimnunication (06/07/2007) from the Prosecuting Attorney, requesting (~'ouncil approval to apply for, receive, and expend $45,600 of the Edward Byrne Memorial Justice Assistance Grant (JAG) for the continuation of the Domestic Violence Prosecution Unit (salaries and wages), from September 1, 2007 through August 31, 2008, and to indemnify the State of Hawaii, Department of the Attorney General. C 2007-241 Communication (06/07/2007) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend $130,000 of the Edward Byrne Memorial Justice Assistance Grant (JAG) for the continuation of the Property Crime Prosecution Grant Unit (salaries and wages), from September 1, 2007 through August 31, 2008, and to indemnify the State of Hawaii, Department of the Attorney General. (~' 2007-242 (~'oimnunication (06/07/2007) from the Prosecuting Attorney, requesting (~'ouncil approval to apply for, receive, and expend State funds in the amount of $205,306.00 for continuation of the Iiaua`i (~'areer (~'riminal Prosecution Program, from July 1, 2007 through June 30, 2008, and to indemmnify the State of Hawaii, Department of the Attorney General. Council Meeting Agenda 4 June 20, 2007 C 2007-248 Communication (06/07/2007) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend federal funds in the amount of $47,085.00 for the Domestic Violence Prosecution Unit (salaries, wages and supplies), from December 1, 2007 through November 80, 2008, and to indemnify the State of Hawaii, Department of the Attorney General. C 2007-244 Communication (06/08/2007) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend State funds in the amount of $66,889.00, au increase of $16,722.00 than originally approved by the Council for the Victim/Witness Program (salaries, fringe, and office supplies), from July 1, 2007 through June 30, 2008, and to indemmnify the State of Hawaii, Department of the Attorney General. C 2007-245 Request (06/07/2007) from the Office of the County Attorney requesting approval to expend up to $25,000 for special counsel's (Goodsill Anderson C~luinn & Stifel, A Limited Liability Law Partnership LLP) continued representation of the County in COUNTY OF I~AUA`I, BY ITS COUNTY ATTORNEY LANI D. H. NAIiAZAWA, Plaintiffs-Auuellees vs. BRYAN J. BAPTISTE, MAY(_)R. C(_)LJNTY OF IiAUA`I. ET AL. and related matters. CLAIMS: C 2007-246 Communication (05/31/2007) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Michael Gabrian, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2007-247 Communication (06/07/2007) from the County Clerk transmitting a claim filed against the County of Iiaua`i by Abram Ii. Silva, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. COMMITTEE REPORT: FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-F/ED 2007-5 on C 2007-217 Communication (05/03/2007) from the DirPCtor of Finance, requesting Council approval to create an account within the County's Development Fund to allow for deposits from developers that will Ue earmarked for traffic improvements in the lioloa- Pciipu area. [Approved.] Council Meeting Agenda 5 June 20, 2007 PUBLIC WORKS COMMITTEE REPORT: C.R-PWL007-17 on PW 2007-6 Conuuunication (6/7/2007) from Mel Rapozo, PuUlic Works Committee ~"hair, requesting agenda time to have experts bx2ef the Conuuittee menxbers on issues regarding the seawall fronting the Pono I~ai development in I~apa'a as it relates to the impact of the seawall on the shoreline and the proposed Iiapa'a- Iiealia Uicycle/)~edestx2an pathway project. [Received for the record.] C.R-PWL007-18 on Resolution No. 2007-80 RESOLUTION AUTHORIZING THE SALE OF THE PORTION OF REAL PROPERTY IDENTIFIED AS TMIi: (4) 4-4-04-0~: PORTION OF ULD RAILROAD RIGHT-UF-WAY TU ABUTTING LAND OWNERS, IiAWAIHATJ DISTRICT, CUTJNTY OF KATJA`I [Received for the record.] RESOLUTIONS: Resolution No. 2007-80, RES(_)LUTI(_)N AUTH(_)RIZING THE SALE OF A Pc_)RTIc_)N OF REAL PRc_)PERTY IDENTIFIED AS TMIi: (4) 4-4-04-08: Pc_)RTIc_)N OF ULD RAILRc_)AD RIGHT-UF-WAY Tc_) ABUTTING LAND OWNERS, IiAWAIHAU DISTRICT, C(_)UNTY OF IiAUA`I (The Public Works Com.m.ittee r~ecommerrded r~ecei.ui.rrg for the r~ecor~d ora 06/13/2007) BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2228 - A BILL FOR AN ORDINANCE APPROVINGx A COLLECTIVE BAR(xAININ(x Ac xREEMENT F( )R BAR(xAININ(x UNIT 1 BETWEEN JULY 1, 2007 AND JUNE 30, 2009 (UPW) Proposed Draft Bill No. 2229 - A BILL FOR AN ORDINANCE APPROVINGx A COLLECTIVE BARGAINING AGREEMENT F( )R BARGAINING UNITS 2, 3, 4, AND 13 BETWEEN JULY 1, 2007 AND JUNE 30, 2009 (HGEA) Proposed Draft Bill No. 2230 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT F( )R BARGAINING UNIT 12 BETWEEN JULY 1, 2007 AND JUNE 30, 2011 (Police) Proposed Draft Bill No. 2231 - AN ORDINANCE AMENDING ORDINANCE Nc_). B-2007-656, RELATING Tc_) THE OPERATING BUDGET OF THE Cc_)UNTY OF IiAUA`I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2007 THRc_)UGH JUNE 80, 2008, BY REVISING THE SURPLUS AND APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND ($121,944 -Salaries Director UCA, Administrative Specialist) Council Meeting Agenda G June 20, 2007 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). (C'onfidential reports on file in the County Attorney's Uffice and/or the County Clerk's Uffice. Discussions held in Executive Session are closed to the public.) ES-279 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate au employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-280 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-281 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Meeting Agenda 7 June 20, 2007 ES-282 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2) (4), (6) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work, and to consider matters of public safety and security. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-283 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) and 92F-13(2)-(3), the purpose of this executive session is to provide a (~'ouncil briefing on the case of (~'ounty of Iiaua`i, By Its (~'ounty Attorney, Lani D. H. Nakazawa, Plaintiffs-Auuellees vs. Bryan J. Bautiste, Mayor, County of Iiaua`i, et al. and associated matters. This consultation involves consideration of the powers, duties, privileges, iimnunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJc_)URNMENT. 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, IiAUA`I. TELEPHONE NO. 241-6371.