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Home My WebLink About2005-05-31 agendaCOUNCIL MEETING NOTICE and AGENDA TUESDAY, MAY 31, 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 May 5, 'Z005, re: Bill No. 'Z 1'Z5, Bill No. 'Z 1'Z6, and Resolution No. 'Z005-30 Public Hearing of May 19, 'Z005, re: Communication No. C-'Z005-199 COMMUNICATIONS: C'Z005-116 Communication (0'Z/'Z4/'Z005) from Richard Ii. Maeda, President, Iaua`i Builders, Ltd, requesting to address the Council at the March 10, 'Z005 Council meeting regarding the Iapa`a-Iealia Bike & Pedestrian Path, FAP No. STP-CM- 0700(48). (Deferred 04/28/2005) C 'Z005-'Z00 Communication (04/ 18/'Z005) from the Council Chair, transmitting a resolution for Council confirmation and approval, appointing Benjamin Bregman as a Council appointee to the Cost Control Commission. (See Resolution No. 2005-38) C 'Z005-'ZO 1 Communication (05/ 16/'Z005) from Councihuember Mel Rapozo, transmitting a resolution for Council's consideration, removing a portion of Weke Road from the collector road list, so that a portion of Weke Road can be considered for speed humps. (See Resolution No. 2005-39) Council Meeting Agenda Z May 31, 2005 C 2005-ZOZ Communication (04/Z7/Z005) from the Chief, Division of Wastewater Management, Department of Public Works, transmitting a resolution for Council approval, authorizing the Mayor or the Director of Finance to request for and execute a State Water Pollution Control Revolving Fund Loan/Grant application and agreement (not to exceed $3,450,000), for the Lihu`e Wastewater Treatment Plant cleaning digester and repair project. (See Resolution No. 2005-40) C 2005-Z03 Communication (04/ 14/Z005) from the Director of Finance, transmitting Financial Reports--Month Ending March 31 2005. (Copies of Detailed Budget Report (Listing), Statement of Reueriues-Estimated arid Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Cleric's Office). C 2005-Z04 Communication (05/04/Z005) from the Director of Finance, transmitting for Council information, Condition of the County Treasury Statement as of March 30, 2005. C 2005-Z05 Communication (05/ 10/Z005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of April 2005. C 2005-Z06 Communication (05/ 11/Z005) from the Chief, Building Division, transmitting the Monthly Report on Building Peiluit Information for the month of April. C 2005-Z07 Communication (05/ 1'Z/'Z005) from Beryl Leolani Bailey Blaich, Chairperson, Public Access, Open Space, & Natural Resources Preservation Fund Commission, transmitting for Council information, their 2005 Report, including recommendations for priority projects. (Report on file in the County Cleric's Office.) C 2005-Z08 Communication (05/ 16/Z005) from the Mayor, transmitting for Council information, his appointment of Peter Pohaku Ii. Nishimitsu, Partial Term, (Hawaiian Culture) to the County of Kauai Historic Preservation Review Commission. Council Meeting Agenda 3 May 31, 'Z005 C 'Z005-'Z09 Request (05/ 1'Z/'Z005) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to represent Officers Ginny Scribner and Richard Rosa in the case of Robert Cottin~hani v. County of Iaua`i, Iaua`i Police Department, Officer Ginny Scribner, as an individual, and Officer Richard Rosa, as an individual, et al; Civ. No. 05-1-0055 (Fifth Circuit Court) and associated matters. LEGAL DOCUMENT: C'Z005-168 Requesting Council approval of a quitclaim deed, granting the State of Hawaii, Department of Land and Natural Resources an abandoned portion of Iaholalele Road. (Deferred 04/28/2005) CLAIMS: C 'Z005-'Z 10 Communication (05/05/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Allstate Insurance Co. for Glory E. Luka, for damages to her personal property, pursuant to Section 'Z 3.06, Charter of the County of Kauai. C 'Z005-'Z 11 Communication (05/ 10/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Annie Cabanting, for damages to her personal property, pursuant to Section 'Z3.06, Charter of the County of Kauai. C 'Z005-'Z 1'Z Communication (05/ 1'Z/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Adonis C. Lagoc, for daniages to his vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. COMMITTEE REPORTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2005-8: on Bill No. 'Z 1'Z 1 A BILL FOR AN ORDINANCE APPROVING A THREE-YEAR CONTRACT FOR ANNUAL FINANCIAL AUDITS ('Z004-'Z005, 2005-'Z006, 'Z006-'Z007) [Approved as amended.] Council Meeting Agenda 4 May 31, 2005 ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-ED 2005-2: on ED 2005-'Z Communication (4/ 15/Z005) from Councilmember Jay Furfaro, requesting the Personnel Director to be present to brief the Committee on the County's Employment Assistance Program (EAP). [Received for the record.] RESOLUTIONS: Resolution No. 2005-38, RESOLUTION APPOINTING MEMBER TO THE COST CONTROL COMMISSION (County Council Appointee) (Benjamin Bregman, First Term) Resolution No. 2005-39, A RESOLUTION TO REMOVE A PORTION OF WERE ROAD FROM THE COLLECTOR ROAD LIST Resolution No. 2005-40, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF IAUA`I TO REQUEST FOR AND EXECUTE STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN/GRANT APPLICATIONS AND AGREEMENTS WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, FOR THE LIHU`E WASTEWATER TREATMENT PLANT DIGESTER REPAIR PROJECT BILLS FOR SECOND READING: Bill No. 'Z 1'Z 1, Draft 1 - A BILL FOR AN ORDINANCE APPROVING A THREE-YEAR CONTRACT FOR ANNUAL FINANCIAL AUDITS (2004-2005, 2005-2006, 2006-2007) 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. X92-4 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.) Council Meeting Agenda 5 May 31, 2005 ES-159 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to discuss the status of County of Iaua`i 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 04/28/2005) ES-166 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to discuss the status of Mandalay Properties Hawaii LLC vs. County of Kauai, Civil No. 04-00446 SOM LEI, United States District Court. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the Cotmty as they relate to this agenda item. (Deferred 11/18/2004 pending a report from the County Attorney's Office.) ES-184 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel regarding the status of Mandalay Properties Hawaii LLC vs. County of Kauai, Civil No. 04-00446 SOM LEK (U.S. District Court, District of Hawai`i); and Cotmty of Iaua`i v. Mandalay Properties Hawaii LLC, Civil No. 05- 00052 DAE BMK (U.S. District Court, District of Hawaii) to approve the Cotmty Attorney's recommendations regarding litigation strategy. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the Cotmty as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 6 May 31, 2005 NQTE: If the Council is not finished with this meeting by approximately 2:00 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Ball No. 2134 - A BILL, FOR AN ORDINANCE APPROTlING A COLLECTNE BARGAINING AGREEMENT FOR BARGAINING UNITS 2, 3, 4, AND 13 BETWEENJULY 1, 2005 AND 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.