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Home My WebLink About2005-05-12 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, MAY 12, 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: Regular Meeting of April 14, 'Z005 Public Hearing of April 'Z8, 'Z005, re: Bill No. 'Z 131 and Bill No. 'Z 133 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 04/28/2005) C'Z005-176 Communication (04/'ZO/'Z005) from the Executive on Transportation, transmitting for Council consideration, a resolution adding a public transportation bus stop on Rice Street fronting the Midas Muffler Shop. (See Resolution No. 2005-36) C'Z005-177 Communication (04/'Z5/'Z005) from the Mayor, transmitting for Council approval, a bill for an ordinance approving the collective bargaining agreement for Bargaining Units 'Z, 3, 4 and 13, between July 1, 'Z005 and June 30, 'Z007, as well as the cost items and arbitration panel's final award as it relates to the Hawaii Government Employees Association (HGEA) salary increase. (See Proposed Draft Bill No. 2134) Council Meeting Agenda Z May 1'Z, 'Z005 C'Z005-178 Communication (04/07/'Z005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the months of February and March 'Z005. C 'Z005-179 Communication (04/ 14/'Z005) from the Director of Finance, transmitting for Council infoiluation, the Cash/Investment Balances for the 3r~ Quarter of Fiscal Year 'Z005. C 'Z005-180 Communication (04/ 15/'Z005) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of March. C 'Z005-181 Communication (04/ 19/'Z005) from the Director of Finance, certifying that the unreserved undesignated fund balance for the fiscal year ending June 30, 'Z004, is true and correct to the best of his knowledge. C 'Z005-18'Z Communication (04/ 19/'Z005) from the Director of Finance, transmitting for Council information, the Kauai Humane Society Third Quarter Report for Animal Care & Control Services, and Community Spay/Neuter & I.D. Program for July 1, 'Z004 -March 31, 'Z005. C'Z005-183 Certification (04/'Z8/'Z005) from Michael H. Tresler, Director of Finance, of the 'Z005 Assessment List of real property within the County of Iaua`i. (Report on file in the County Cleric's Office.) C'Z005-184 Communication (04/07/'Z005) from the Director of Finance, requesting the Council's written acknowledgement and approval to write off the following delinquent sewer account receivable customers that have filed bankruptcy in the State of Hawaii: 1. Banasihan, M/M Fabian $ 4,075.17 Z. Eguichi, Cherisse 557.78 3. Malani, Harold 4,170.55 4. Robinson, Edward A. 3,531.70 5. Grande, Joey 1, 1'Z 4.77 6. Islandwide Pumpers 25,567.75 $39,0'27.7'2 Council Meeting Agenda 3 May 1'Z, 'Z005 C 'Z005-185 Communication (04/ 18/05) from the Parks Administrator - Deparhuent of Public Works, supporting the Council's approval of the Iaua`i Public Land Trust's (IPLT's) request for the County of Kauai to apply for a National Oceanic and Atmospheric Administration (NOAA) Coastal and Estuarine Land Conservation Prograni (CELCP) grant with the intent of purchasing parcels to expand Black Pot Beach Park at Hanalei. C 'Z005-186 Communication (04/'Z 1/'Z005) from the Executive on Recreation, requesting Council approval to include and indemnify the Hawaii Department of Education's Chiefess Kamakahelei Middle School, Iioloa Elementary School, Iiing Iaumuali`i Elementary School, and Wilcox Elementary School as additional insured in its agreement for use of the school's facilities for the operation of the County's 'Z005 Summer Enrichment Program. C'Z005-187 Communication (04/'Z5/'Z005) from the Executive on Housing, requesting Council approval of the marketing procedures by Schuler Homes for the Ho`okena project, and that it conforms to the intent of the affordable housing conditions imposed on Grove Farm Company by Ordinance No. PM-'Z06-90. C'Z005-188 Communication (05/06/'Z005) from Councihuembers JoAnn A. Yukimura, and Jay Furfaro, transmitting for Council consideration and support, a resolution supporting the eradication of coqui frogs on Iaua`i. (See Resolution No. 2005- 3 7) C'Z005-197 Communication (05/04/'Z005) from the Prosecuting Attorney requesting Council approval to purchase the following items from their general fund salary account for use by their Special Investigator: 1. Body armor $ 350.00 Z. Stinger rechargeable flashlight 94.00 3. Binoculars 50.00 4. Duty jacket 40.00 5. Handcuffs and case 60.00 6. Leg irons 50.00 7. Magellan sport track GPS 300.00 8. Opti-Logic laser range finder 250.00 9. Palm pilot PDA 200.00 TOTAL $1,394.00 Council Meeting Agenda 4 May 1'Z, 'Z005 C'Z005-198 Communication (05/04/'Z005) from the Prosecuting Attorney to purchase one (1) HP Printer for approximately $'Z,000 from their general fund salary account, to operate the Records Management System in the office. C'Z005-199 Communication (05/06/'Z005) from Mayor Bryan J. Baptiste, submitting his supplemental budget communication for Fiscal Year'Z005-'Z006 and proposed amendments to the budget bills. (Reports on file in the County Clerk's Office) LEGAL DOCUMENTS: C'Z005-189 Communication (04/1'Z/'Z005) from the Chief, Engineering Division, Department of Public Works, recommending Council approval of a Grant of Easement, from the County of Kauai conveying to McBryde Sugar Company, Limited, Easement 10 as shown on File Plan 'Z06'Z filed with the Bureau of Conveyances of the State of Hawaii on December 19, 1991 (`Ilima Place) in order to provide water to the Kukui`Ula Subdivision. C'Z005-190 Communication (04/'ZO/'Z005) from the Mayor, recommending Council approval of a Dedication Deed from Grove Farm Properties, Inc., conveying to the County of Iaua`i, roadway Lots 1566, 1569, 1573 and 1578 as shown on Map 149, Land Court Application No. 1987 (amended), for roadway purposes (Bypass Road). C'Z005-191 Communication (05/05/'Z005) from the Mayor, recommending Council approval of a Dedication Deed (Puako II) from Grove Fai1u Properties, Inc., conveying to the County of Kauai, roadway Lot 1601 as shown on Map 159, Land Court Application No. 1087 (amended), for roadway purposes. C'Z005-19'Z Communication (04/'ZO/'Z005) from the Mayor, recommending Council approval of the following: 1. Dedication Deed from Helene L. Taylor, Diana G. Taylor and Diana G. Taylor, Trustee of Diana G. Taylor Revocable Trust, conveying to the County of Kauai, Lot 4 of Piwai Garden Subdivision, `Oma`o, Koloa, Kauai for roadway purposes (extension of cul de sac), and Council Meeting Agenda 5 May 1'Z, 'Z005 Z. Dedication Deed from Helene L. Taylor, Diana G. Taylor and Diana G. Taylor, Trustee of Diana G. Taylor Revocable Trust, conveying to the County of Kauai, Lot 5 of Piwai Garden Subdivision, `Oma`o, Ioloa, Iaua`i for roadway purposes (extension of cul de sac), and 3. Grant of Easement from Diana G. Taylor, Diana G. Taylor, Trustee of Diana G. Taylor Revocable Trust, and Helene L. Taylor, conveying to the County of Kauai, easement C-1 of Piwai Garden Subdivision, `Oma`o, Ioloa, Kauai, for grading purposes. 4. Grant of Easement from Diana G. Taylor, Diana G. Taylor, Trustee of Diana G. Taylor Revocable Trust, and Helene L. Taylor, conveying to the County of Iaua`i, easement C-'Z of Piwai Garden Subdivision, `Oma`o, Koloa, Kauai, for grading purposes. CLAIMS: C 'Z005-193 Communication (04/'Z 1/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Charles W. Boggs, for personal property damages, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. C'Z005-194 Communication (04/'Z5/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Sandra T. Pabo, for damages to her vehicle, pursuant to Section 23.06, Charter of the Cotmty of Iaua`i. C'Z005-195 Communication (04/'Z8/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Mr. and Mrs. Adam T. Britto, Jr. and Alex Britto, for damages to personal property, pursuant to Section 'Z 3.06, Charter of the Cotmty of Iaua`i. C'Z005-196 Communication (05/0'Z/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Sean W. Switzer, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 6 May 1'Z, 'Z005 COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-7: on Bill No. 'Z 1'Z7 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, IiAUA`I COUNTY CODE, 1987, RELATING TO TAX RELIEF FOR RESIDENTIAL HOMEOWNERS [Approved as amended.] COMMITTEE OF THE WHOLE REPORTS: CR-W 2005-5: on Bill No. 'Z 131 AN ORDINANCE AMENDING ORDINANCE NO. B-'Z004-6'Z 1 AS AMENDED, RELATING TO THE OPERATING 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 GENERAL FUND ($'Z00,000 Special Counsel) [Approved as amended.] CR-W 2005-6: on Bill No. 'Z 133 RESOLUTIONS: A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 11 BETWEEN JULY 1, 'Z005 AND JUNE 30, 2007 [Approved.] Resolution No. 2005-36, RESOLUTION ESTABLISHING PUBLIC TRANSPORTATION BUS STOP ON RICE STREET, LIHU`E DISTRICT Resolution No. 'Z005-37, RESOLUTION SUPPORTING THE ERADICATION OF COQUI FROGS ON IiAUA`I Council Meeting Agenda 7 May 1'Z, 'Z005 BILLS FOR FIRST READING: Pro osed Draft Bill No. 2134 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNITS 2, 3, 4, AND 13 BETWEEN JULY 1, 2005 AND JUNE 30, 2007 BILLS FOR SECOND READING: Bill No. 2127, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE, 1987, RELATING TO TAX RELIEF FOR RESIDENTIAL HOMEOWNERS (The Finance/Intergoaernmental Relations Committee recommended approval as amended on May 5, 2005) Bill No. 2131, Draft 1 - AN ORDINANCE AMENDING ORDINANCE NO. B-2004-621 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($300,000 Special Counsel) (The Committee of the Whole recommended approaal as amended on May 5, 2005) Bill No. 2133 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 11 BETWEEN JULY 1, 2005 AND JUNE 30, 2007 (The Committee of the Whole recommended approaal on May 5, 2005) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") X92-7(a), t e Counci may, w en 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. X92-4 and shall be limited to those items described in H.R.S. X92-5(a). (Confidential reports on ale in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executiae Session are closed to the public.) 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.