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Home My WebLink About2005-06-30 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JUNE 30, 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 meeting of the Council: Mid-Month Meeting of May 31, 'Z005 COMMUNICATIONS: C 'Z005-'Z 18 Communication (06/0 1/'Z005) from Councilmember JoAnn A. Yukimura, transmitting for Council infoiluation, 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. (Deferred 6/16/2005) 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 funds, 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 Teil~orism Prevention Prograni 301,471 Citizen Corps Program Z6,31'Z Emergency Management Preparedness Grant 71,860 TOTAL: $1,781,385 (Deferred 6/16/2005) Council Meeting Agenda Z June 30, 2005 C 2005-Z3Z Communication (06/Z3/Z005) from Councilmember Daryl W. Kaneshiro, transmitting for Council consideration, a bill establishing a new Chapter 'Z6 in the Kauai County Code 1987, for "Special Improvement Financing by Community Facilities Districts." (See Proposed Draft Bill No. 2136) C 2005-Z33 Communication (06/07/Z005) from the Purchasing & Assistant Contracts Administrator, transmitting for Council infoiluation, the emergency purchase of two ('Z) All Terrain Vehicles, for the Fire Department's Ocean Safety Bureau, for approximately $10,820.14 from the Water Safety Equipment account, to replace two irreparable ATVs needed to ensure public safety. C 2005-234 Communication (06/06/2005) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Infoiluation for the month of May. C 2005-235 Communication (06/08/2005) from the Solid Waste Program Administrative Officer, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of May 2005. C 2005-236 Communication (06/ 15/2005) from the Mayor, transmitting for Council information, the following appointments to the County of Kauai Committee on the Status of Women: Jo Anne S. Georgi 1st term ('Z years) 4/ 1/2005 - 3/31/2007 Sandy Thomas lit term (3 years) 4/ 1/2005 - 3/31/2008 Renae Hamilton 1st term (4 years) 5/ 1/2005 - 4/30/2009 C 2005-Z 37 Communication (06/01/2005) from the Fire Chief, requesting Council approval to apply for, receive, and expend a $1,000 Wal-Mart Safe Neighborhood Heroes Grant to purchase a scanner. C 2005-238 Communication (06/01/2005) from the Fire Chief, requesting Council approval to accept a donation from the Iaua`i Marriott Hotel of fitness equipment valued at approximately $15,000. Council Meeting Agenda 3 June 30, 2005 C 2005-Z 39 Communication (06/ 13/Z005) from the Chief, Building Division, Department of Public Works, requesting Council approval to accept a gift from Clyde Iodani, for the preparation of the grading plan for the sports fields at Lydgate Park. C 2005-Z40 Communication (06/ 15/Z005) from the Mayor, transmitting for Council confirmation, his re-appointment of Suzanne Aguiar, lit Term, to the County of Kauai Civil Service Commission. C 2005-Z41 Communication (06/ 14/Z005) from Councilmember Mel Rapozo, requesting that the County Engineer be present at the June 30, 2005 Council meeting to provide anupdate/status of the Olohena Bridge Project. C 2005-Z4Z Communication (06/ 15/Z005) from Councilmember Mel Rapozo, requesting that the County Engineer be present at the June 30, 2005 Council meeting to provide an update on the Administration's contingency plan for when the Iekaha Landfill reaches capacity and can no longer be used and the status of the Administration's efforts to site a new landfill. C 2005-Z43 Request (06/Z3/Z005) from the Office of the County Attorney for authorization to expend up to $100,000 from the special counsel account to represent the County and Cotmty personnel and entities in the cases of Michael G. Chink v. Kauai County Council, Civ. No. 05-1-0080 (Fifth Circuit Court) and Cotmty of Iaua`i; Iaua`i Cotmty Council, et al. v. Office of Information Practices; Civ. No. 05-1-0088 (Fifth Circuit Court) and associated matters. CLAIMS: C 2005-Z44 Communication (06/09/Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Melvin Matsuo, Allstate Representative for Mary E. Cates, for daniages to her vehicle, pursuant to Section 23.06, Charter of the County of Iaua`i. Council Meeting Agenda 4 June 30, 'Z005 C 'Z005-'Z45 Communication (06/ 13/'Z005) from the County Clerk, transmitting a claim filed against the County of Kauai by Allstate Insurance Co., for James and Ruth Cassel, for damages to personal property, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C 'Z005-'Z46 Communication (06/ 15/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Daniel Glen Kerr, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 'Z005-'Z47 Communication (06/ 17/'Z005) from the Cotmty Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Leilani Kauka an AIG American Inteiliational Recovery Representative for Arthur S. Elkington, for damages to his vehicle, pursuant to Section 'Z 3.06, Charter of the County of Iaua`i. COMMITTEE REPORTS: ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2005-4: on EPS 'Z005-4 Communication (6/ 17/'Z005) from Mel Rapozo, Energy & Public Safety Committee Chair, requesting that the Civil Defense Administrator and/or his representative be present to discuss the interoperable communications equipment portion of the grant and any other details relating to this grant. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-7: on 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. [Approved.] Council Meeting Agenda 5 June 30, 2005 BILLS FOR FIRST READING: Proposed Draft Bill No. 2136 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW CHAPTER 26, KAUAI COUNTY CODE 1987, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") 392-7(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. 392-4 and shall be limited to those items described in H.R.S. 392-5(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 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 D6/ 16/2005) ADJOURNMENT. NOTE: 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. 2135 - A BILL, FOR AN ORDINANCE APPROTlING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 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, 4395 RICE STREET, ROOM 205, LIHU`E, KAUAI. TELEPHONE NO. 241-5371.