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HomeMy WebLinkAbout2005-04-28 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, APRIL 28, 2005 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Public Hearing of March 31, 'Z005, re: Bills Nos. 'Z 1'Z'Z, 'Z 1'Z3, and 'Z 1'Z4 Public Hearing of April 14, 'Z005, re: Bills Nos. 'Z 1'Z7 and 'Z 130 COMMUNICATIONS: C'Z005-116 Communication (0'Z/'Z4/'Z005) from Richard K. Maeda, President, Iaua`i Builders, Ltd, requesting to address the Council at the March 10, 'Z005 Council meeting regarding the Kapa`a-Kealia Bike & Pedestrian Path, FAP No. STP-CM- 0700(48). (Deferred 04/14/2005) C'Z005-157 Communication (04/O1/'Z005) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 04/05 3~a Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office) C'Z005-158 Communication (04/05/'Z005) from the Mayor, transmitting for Council infoiluation, his appointment of Jo Anne S. Georgi (lit term, 'Z year) and Sandy Thomas (1st term,3 year) to the Cotmty of Kauai Committee on the Status of Women. Council Meeting Agenda Z April 'Z8, 'Z005 C'Z005-159 Communication (03/'Z1/'Z005) from the Chief of Police, requesting Council approval to purchase two ('Z) TTY (teletypewriter) telephones for the Ica Hale Makai `O Iaua`i facility, one (1) for the breezeway and the other in the cellblock area, for approximately $9,'Z00 to be in compliance with the Americans with Disabilities Act (ADA). C'Z005-160 Communication (03/'Z9/'Z005) from the Fire Chief, requesting Council approval to apply for, receive and expend the Office of Domestic Preparedness Assistance to Fire Fighters matching grant in the amount of $185,000, to implement a Fire Fighter Wellness Fitness Program, of which the County of Kauai would be responsible for 'ZO% or $37,000 of in-kind matching funds. C'Z005-161 Communication (03/30/'Z005) from the Executive on Housing, requesting Council approval to apply for, receive and expend a $110,510.40 grant from the U.S. Department of Housing and Urban Development, which will be utilized to fund an existing Housing Family Self-Sufficiency Coordinator position and applicable fringe benefits ($59,606.40), and existing Fancily Self- Sufficiency Homeownership position ($50,904). C'Z005-16'Z Communication (04/07/'Z005) from the Chief of Police, requesting Council approval to acquire a vehicle through the Asset Forfeiture Program, which has a lien of $9,907.06 with the Llhu`e Credit Union and an estimated value of $'Z5,000, and is anticipated to be used in the Narcotics Enforcement Unit. C'Z005-163 Communication (04/07/'Z005) from the Parks Administrator, requesting Council approval of a container donated by Matson Navigation Company, Iaua`i Station, which will be used to store equipment and supplies at the Hanapepe Stadium, has an estimated value of $'Z,500, and that a letter of appreciation be sent to Mr. Dewayne Bong, Iaua`i Sales Representative, Matson Navigation Company. C 'Z005-164 Communication (04/ 13/'Z005) from James Iunane Tokioka, Council Vice Chair, requesting Council consideration and approval of the Hawaii State Association of Counties (HSAC) Fiscal Year 'Z005-'Z006 annual budget. Council Meeting Agenda 3 April Z8, Z005 CZ005-165 Communication (04/13/Z005) from James Iunane Tokioka, Council Vice Chair, requesting Council approval: 1. to continue serving as the Hawaii State Association of Counties (HSAC) representative for the Kauai County Council; Z. that Councihuember Daryl W. Kaneshiro serve as the alternate, and 3. to continue serving as one of the State of Hawai`i's directors to the National Association of Counties (NACo) Board for the upcoming year. C 2005-166 Request from the Office of the County Attoiliey (04/'Z1/Z005) for authorization to expend up to $100,000 from the special counsel account to engage bond counsel (one attorney) to advise the Finance Department and to engage special counsel (two attorneys) to hear and prosecute matters for the Board of Ethics. CZ005-174 Communication (11/17/Z004) from the Mayor, requesting Council approval to remove Leon Gonsalves, Sr. as a member of the Kauai Police Commission. (See Resolution No. 2005-35) C 2005-175 Communication (04/Z'Z/'Z005) from the Business Management Officer, Department of Public Works, requesting Council approval to extend the resurfacing of Waipouli Road in anticipation of an increase in traffic due to the emergency situation at Olohena Bridge, and to address community safety concerns. LEGAL DOCUMENT: C 2005-167 Requesting Council approval of a proposed twenty ('ZO) year lease between the County of Iaua`i and Iaua`i Economic Opportunity for the emergency homeless facility in Lihu`e. C 2005-168 Requesting Council approval of a quitclaim deed, granting the State of Hawaii, Department of Land and Natural Resources an abandoned portion of Kaholalele Road. Council Meeting Agenda 4 April 'Z8, 'Z005 C T.ATMS• C 'Z005-169 Communication (04/ 1'Z/'Z005) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Donald Schwartz, for injuries to his child, pursuant to Section 23.06, Charter of the County of Kauai. C 'Z005-170 Communication (04/ 14/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Lea Tanigawa, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 'Z005-171 Communication (04/ 15/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Kehaulani M.L. Ching, for daniages to her vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. C 'Z005-17'Z Communication (04/ 15/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Richard Iinnaman, for damages to his vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C 'Z005-173 Communication (04/ 15/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Mike and Sarah Lagana, for injuries to their child, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-6: on Bill No. 'Z 130 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 'Z3, ARTICLE 1, SECTION 'Z3-1.14, IAUA`I COUNTY CODE 1987, AS AMENDED RELATING TO LIMITATION ON THE NUMBER OF TAXIS [Approved.] Council Meeting Agenda 5 April 'Z8, 'Z005 PARKS & PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-6: on Bill No. 'Z 1'Z'Z AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004-6'Z'Z AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 'Z005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE HIGHWAY FUND ($500,000 Olohena Bridge Project) (Special Parks 8s Public Works Committee meeting on Thursday, April 28, 2005 at 9:00 a. m.) RESOLUTIONS: Resolution No. 'Z005-06, RESOLUTION CONFIRMING MAYORAL RE- APPOINTMENT TO THE POLICE COMMISSION (Carol Furtado, Second Tei1u) (Deferred 3/31/2005) Resolution No. 'Z005-35, RESOLUTION REPEALING RESOLiJTION NO. 2004-03 RELATING TO MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Leon Gonsalves, Sr., First Term) BILLS FOR SECOND READING: Bill No. 'Z 130 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 'Z3, ARTICLE 1, SECTION 'Z3-1.14, IAUA`I COUNTY CODE 1987, AS AMENDED RELATING TO LIMITATION ON THE NUMBER OF TAXIS (The Finance/Intergovernmental Relations Committee recommended approval on 04/21/2005) Bill No. 'Z 1'Z'Z - AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004- 6'Z'Z AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IiAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 'Z004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLU S AND APPROPRIATIONS E STIMATED IN THE HIGHWAY FUND ($500,000 Olohena Bridge Project) Council Meeting Agenda 6 April 28, 2005 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. §92-4 and shall be limited to those items described in H.R.S. X92-5(a}. (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-159 Pursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a)(4), the purpose of this executive sessian is to discuss the status of County of Kauai Contract No. 6644 (Island Recycling, Inc.). 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 03/ 10/2005) ADJOURNMENT. NOTE: If the Council is not finished «~ith this meeting by approximately 2:00 p.m., it «~ill recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Btll No. 2131 - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-621 AS AMENDED, RELATING TO THE OPERATIIt'G BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUSAND APPROPRIATIONS ESTINI4TED IN THE GENERAL FUND ($200, 000 Special Counsel) Bill No. 2133 - A BILL, FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 11 BETWEENJULY 1, 2005AND JUNE 30, 2007 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 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.