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.