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Home My WebLink About2005-06-16 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JUNE 16, 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: Mid-Month Meeting of April 'Z8, 'Z005 Regular Meeting of May 1'Z, 'Z005 Special Council Meeting of May 'Z3, 'Z005 Special Council Meeting of May 31, 'Z005 Public Hearing Minutes of May 31, 'Z005, re: Bill No. 'Z 134 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 Iapa`a-Iealia Bike & Pedestrian Path, FAP No. STP-CM- 0700(48). (Deferred 04/28/2005) 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 Ginnv Scribner. as an individual, and Officer Richard Rosa, as an individual, et al; Civ. No. 05-1-0055 (Fifth Circuit Court) and associated matters. (Deferred 05/31/2005) Council Meeting Agenda Z June 16, 2005 C 2005-'Z 13 Communication (06/07/Z005) from the Chief, Division of Wastewater, Department of Public Works, requesting Council approval to authorize the Mayor or the Director of Finance to request for and execute a State Water Pollution Control Revolving Fund Loan/Grant applications and agreements (not to exceed $4,500,000), for the Wailu`a/Kapa`a Sewer System Improvements project. (See Resolution No. 2005-41) C 2005-'Z 14 Communication (05/Z4/Z005) from the Executive on Housing, transmitting a resolution for Council approval, exempting the Self-Help Corporation of Hawaii from the installation of curbs, gutters and sidewalks for the interior streets of the Puhi Self- Help Project on Ianeka Street in Puhi, Iaua`i. (See Resolution No. 2005-42) C 2005-'Z 15 Communication (05/31/Z005) from the Mayor, transmitting for Council approval, a bill for an ordinance approving the collective bargaining agreement for UPW Bargaining Unit 1, between July 1, 2005 and June 30, 2007, as well as the cost items and arbitration panel's final award as it relates to the United Public Workers (UPW) salary increase. (See Proposed Draft Bill No. 2135) C 2005-'Z 16 Communication (05/ 16/Z005) from the Purchasing & Assistant Contracts Administrator, transmitting for Council infoiluation, the emergency purchase of two ('Z) floodlight trailers for night work on Olohena Bridge/Iainahola Road, and rental of temporary bail~icades at Kainahola Road Bridge to insure public safety due to the re-routing of traffic resulting from the reduction of carrying capacity of the Olohena Bridge from three (3) tons to two ('Z) tons. C 2005-'Z 17 Communication (05/ 18/Z005) from the Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of March 31, 2005. (Reports on file in the County Cleric's Office) Council Meeting Agenda 3 June 16, 'Z005 C 'Z005-'Z 18 Communication (06/01/'Z005) from Councilmember JoAnn A. Yukimura, transmitting for Council information, the attached communication from Valerie Freitas and other residents and visitors, requesting that their appreciation for the work done by Simplicia Tugade as caretaker of the Salt Pond Park be read into the record. C 'Z005-'Z 19 Communication (05/ 1'Z/'Z005) from the Parks Administrator, requesting Council approval to apply for, accept, and expend a $'Z00,000 National Park Service Land and Water Conservation Fund grant to complete the Kekaha Gardens Park Increment II development, which is estimated to cost $500,000, and the County will provide the balance of $300,000 through the bond fund as a match. C'Z005-'Z'ZO Communication (05/'Z3/'Z005) from the Executive on Housing, requesting Council approval to repurchase Lot 9 of the Hanapepe Self-Help Housing Project, located at 3403 Iai Lani Place, Hanapepe for $190,050.00, and to authorize the County Clerk to sign legal documents related to the repurchase transaction. C 'Z005-'Z'Z 1 Communication (05/'Z3/'Z005) from the Executive on Housing, requesting Council approval to repurchase the home at 5178 home Street, Iapa`a, Hawaii for $178,850.00 and to authorize the Cotmty Clerk to sign legal documents related to the repurchase transaction. C 'Z005-'Z'Z'Z Communication (05/'Z4/'Z005) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend a $7'Z,000 Federal Transit Administration (F"I'A) Section 5310 capital grant, for the purchase of one (1) wheelchair accessible passenger bus for the Cotmty Transportation Agency. (Application on file with the County Clerk's Office) C'Z005-'Z'Z3 Communication (05/'Z5/'Z005) from the Kauai Civil Defense Agency Administrator, requesting Council approval to receive and expend $1,781,385 in Homeland Security grant fiords, awarded to the Kauai Civil Defense Agency through State Civil Defense, which include the following 'Z005 grants: State Homeland Security Grant Program $1,381,74'Z Law Enforcement Terrorism Prevention Program 301,471 Citizen Corps Program Z6,31'Z Emergency Management Preparedness Grant 71 860 TOTAL: 1,781,385 Council Meeting Agenda 4 June 16, 'Z005 C 'Z005-'Z'Z4 Communication (05/ 19/'Z005) from the Fire Chief, requesting Council approval to accept a $1,500 donation from Chevron Products Company, which will be utilized to defray the cost of training five (5) firefighters at the Hawaii Petroleum Fire Protection Course in Honolulu from June 'Z7, 'Z005 through July 1, 'Z005. C'Z005-'Z'Z5 Communication (05/'Z6/'Z005) from the Fire Chief, requesting Council approval to accept a donation of 'Z5 teddy bears from Macy's Kuku`i Grove, which will be used to help comfort any children requiring emergency assistance, and has an estimated value of $'Z 10.00. C 'Z005-'Z'Z6 Communication (05/'Z6/'Z005) from the Prosecuting Attorney, requesting Council approval to apply for, receive, indemnify, and expend $164,666 from the State of Hawaii, Department of the Attorney General, for the continuation of the Iaua`i Career Criminal Prosecution Program, and will be expended on salaries and wages of the Career Criminal Prosecution Program staff. C 'Z005-'Z'Z7 Communication (05/'Z6/'Z005) from the Prosecuting Attorney, requesting Council approval to apply for, receive, indemnify, and expend $53,646 from the State of Hawaii, Department of the Attorney General, for the continuation of the Victim Witness Assistance Program, and will be expended on salaries and wages of the Victim Witness Assistance Prograni staff. C 'Z005-'Z'Z8 Request (06/03/'Z005) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to retain the services of Ted H.S. Hong, Esq., and/or other counsel to represent the County of Iaua`i in the cases of Hem-y Alfred Bail~i~a, et al. v. County of Kauai, CV 05- 003'Z7 HG/ISC (U.S. District Court) and John Ieikiala Aana v. County of Iaua`i, CV 05-003'Z8 HG/BMI (U.S. District Court) and associated matters. CLAIMS: C 'Z005-'Z'Z9 Communication (05/'Z7/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Mildred M. Victorino, for daniages to her vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. Council Meeting Agenda 5 June 16, 'Z005 C'Z005-'Z30 Communication (06/0'Z/'Z005) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Hawaiian Telcom by CMR, T.P.A., for damages to underground cables and conduit, pursuant to Section 'Z3.06, Charter of the County of Kauai. C'Z005-'Z31 Communication (06/0'Z/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Glory Luka, for daniages to her personal property, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. COMMITTEE REPORTS: ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-3: on EPS 'Z005-3 Communication (5/9/'Z005) from Mel Rapozo, Energy & Public Safety Committee Chair, requesting the presence of Iaua`i Island Utility Cooperative (KIUC) representatives to give a quarterly update. [Received for the record.] PLANNING COMMITTEE REPORT: CR-PL 2005-8: on C 'Z005-'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. [Received for the record with a letter to the Administration.] COMMITTEE OF THE WHOLE REPORT: CR-W 2005-11: on Bill No. 'Z 134 A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNITS 'Z, 3, 4, AND 13 BETWEEN JULY 1, 'Z005 AND JUNE 30, 'Z007 [Approved.] Council Meeting Agenda 6 June 16, 2005 RESOLUTIONS: Resolution No. 2005-41, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF IiAUA`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 WAILUA/IiAPA`A SEWER SYSTEM IMPROVEMENTS Resolution No. 2005-4'Z, RESOLUTION AUTHORIZING EXEMPTION FOR PLJHI SELF-HELP PROJECT BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 135 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 2005 AND JUNE 30, 2007 BILLS FOR SECOND READING: Bill No. 'Z 134 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNITS 'Z, 3, 4, AND 13 BETWEEN JULY 1, 2005 AND JUNE 30, 2007 (The Committee of the Whole recommended approval on 6/8/2005) 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. 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 7 June 16, 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 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 05/31/2005) 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.