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Home My WebLink About07-11-2007COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JULY 11, 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: Mid-Month Meeting of May 24, 2007 Mid-Month Meeting of June 20, 2007 Special Meeting of June 27, 2007 CUMMUNICATIUNS: C 2007- 248 Communication (06/26/2007) from the Director of Finance, transmitting for Council action, a bill transferring $121,924 from the Fiscal Year 2007-2008 operating budget surplus and appropriations estimated in the General Fund to the Department of Parks and Recreation for Salaries and Special Projects. (See Proposed Draft Bill No. 2232) C 2007-249 Communication (06/08/2007) from the Mayor, transmitting for Council confirmation, his appointment of Aiui L. Sokei, Partial Term, to the County of Iiaua`i Civil Service Commission. (See Resoluti.oiti No. 2007-82) C 2007-250 Commnunication (06/15/2007) from the Mayor, transmitting for Council confirmation, his appointment of Gilbert F. Maerina, Partial Term, to the County of Iiaua`i Civil Service Commission. (See Resoluti.oiti No. 2007-83) Council Meeting Agenda 2 July 11, 2007 C 2007-251 Communication (06/08/2007) from the Purchasing & Assistant Contracts Administrator, informing the Council of the emergency purchase of one (1) sludge pump to replace a broken sludge pump at the `Ele`ele Wastewater Treatment Plant. C 2007-252 Statement of the Condition of the Treasury, County of Kauai, as of May 2, 2007, as submitted by the Finance Department. (~' 2007-253 Ooimnunication (06/04/2007) from the (~'hief of the Building Division, requesting Oouncil approval to purchase personal protection equipment, a computer, and office furniture for approximately $3,000.00 from the Iiapa`a Fire Station Oapital Improvement Programs ((~'IP) budget, to be used by the contract hire construction manager for construction management of the Iiapa`a Fire Station. (~' 2007-254 Ooimnunication (06/04/2007) from the (~'hief of the Building Division, requesting Oouncil approval to accept a donation by the Iiaha Lani Oondominiums of $11,550.00, that will be used to increase the chain link fence height from four (4) feet to a revised height of six (6) feet on the Kaha Lani side of the sports fields. C 2007-255 Communication (06/21/2007) from the Parks Administrator, requesting Council approval to accept a donation by KIUC (Kaua`i Island Utility Cooperative) of materials (4-85' poles ~~ $3,266.00) and labor and equipment (approximately $2,100.00), to install four (4) wooden poles outfitted with nettings for ball retrieval and placed in the back of each end zone at the Kapa`a New Park football field. C 2007-256 Communication (06/07/2007) from the Solid Waste Program Administrative Officer, requesting Council approval of a $80,000 payment (using unexpended funds in the Solid Waste operating budget account) to the State of Hawaii Department of Health as a settlement for alleged violations in managing residential used oil collection sites and related violations that occurred in October 2005, and that have been corrected through various program improvement measures. Council Meeting Agenda 8 July 11, 2007 C 2007-257 Communication (06/25/2007) from the Director of Finance, requesting Council approval to delete two (2) uncollectible tax accounts that have been delinquent for more than two (2) years and exceed $1,000, and to enter these delinquent taxes in a special uncollectible delinquent taxes record, pursuant to Sec. 5A-1.8 Kauai County Code 1987, as amended. (~' 2007-258 Request (06/29/2007) from the Office of the County Attorney for authorization to engage special counsel and expend up to $300,000 for bond purposes. (~' 2007-259 Request (06/29/2007) from the Office of the County Attorney for authorization to engage special counsel and expend up to $300,000 for Coimnunity Facilities District matters. LEGAL DOCUMENT: C 2007-260 Commnunication (06/27/2007) from the Engineering Division Chief, transmitting and recommending Council approval of: • A Grant of Easement from the County of Kauai, conveying Easement E-1, Portion of Lot 1540, TMIi 8-8-003:043, Lihu`e, Kauai, Hawaii, to Kauai Island Utility Cooperative, to provide electrical services to the 'MCA of Kauai CLAIMS: C 2007-261 Commnunication (06/12/2007) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Sarah Iianeko, for plumbing expenses, pursuant to Section 23.06, Charter of the County of Kauai. C 2007-262 Commnunication (06/20/2007) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Yukiko M. Yamane, for medical expenses, pursuant to Section 23.06, Charter of the County of Kauai. C 2007-263 Communication (06/27/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Franklin G. (_)saki, for damages to his rental car, pursuant to Section 28.06, Charter of the County of Kauai. Council Meeting Agenda 4 July 11, 2007 RESULUTIUNS: Resolution No. 2007-82, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL APP(_)INTMENT T(_) THE CIVIL SERVICE C(_)MMISSI(_)N (Ann L. Sokei, Partial Term) Resolution No. 2007-83, RESOLUTION CONFIRMING MAY( )RAL APP( )INTMENT TO THE CIVIL SERVICE COMMISSI( )N (Gilbert F. Maerina, Partial Term) BILLS FOR FIRST READING: Proposed Draft Bill No. 2232 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2007-656 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE SURPLUS AND APPR( )PRIATI( )NS ESTIMATED IN THE GENERAL FUND (Parks and Recreation: Salaries - $96,924 and Special Projects, Ida Leo O I~aua`i - $25,000) 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-278 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the Council's legal counsel on legal questions and issues pertaining to the C'ouncil's powers, duties, privileges, immunities and liabilities regarding Bill No. 2204, relating to Single Family Transient Vacation Rentals and Bed and Breakfast )perations. (Referred to tltie full Couitici.l by tltie Committee of tltie IVltiole on 06/27/2007) ES-286 Pursuant to Haw.Rev.Stat. §§92-4, 92-5(a)(2) and (4), the purpose of this executive session is to provide a Council briefing on the retaining of special counsel for bond purposes. This involves consideration of the powers, duties, privileges, immnunities and/or liabilities of the Council and the County as they relate to this agenda item. Council Meeting Agenda 5 July 11, 2007 ES-287 Pursuant to Haw.Rev.Stat. ~~92-4, 92-5{a){2) and {4), the purpose of this executive session is to provide a Council briefing on the retaining of special counsel for Community Facilities District matters. This 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 1:30 p.m., it «-ill recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2`28 - A BILL FOR AN ORDINANCE APPROT-TING A COLLErTISJE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETbTrEEN JULY 1, 2007AND JUNE 30, 20019 (UPW) Bill No. 2229 - A BILL FOR AN ORDINANCE APPROTIING A COLLECTITTE BARGAINING AGREEMENT FOR BARGAINING UNITS 2, 3, 4, AND 13 BETtiVEEN JULY 1, 2007AND JUNE 30, 2009 (HGEA) Bill No. 2230 - A BILL FOR AN ORDINANCE APPROTIING A C,OLLECTITIE BARGAINING AGREElIdENT FOR BARGAINING I.TNIT 12 BETb~'EEN JULY 1, 2007AND J~TNE 30, 2011 (Police) For complete information, inclucling 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 an`r item which has been pasted in advance in compliance with the Sunshine Law. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANC~UACxE 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 20G, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.