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Home My WebLink About2005-07-14 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JULY 14, 2005 1:00 P.M. COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Llhu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meeting of the Council: Regular Meeting of June 16, 2005 Public Hearing of June 30, 2005 COMMUNICATIONS: C 2005-'Z 18 Communication (06/O1/Z005) from Councihuember 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. (Deferred 6/30/2005) C 2005-Z48 Communication (06/Z7/Z005) from the Chief, Wastewater Management Division, Department of Public Works, requesting Council approval of a $1,000,000 State Water Pollution Control Revolving Fund Loan/Grant application with the State of Hawaii, Department of Health, for the construction of the Marriott Wastewater Pump Station (WWPS) Improvements that selves the Mail~iott Hotel, Harbor Mall and Anchor Cove shopping centers. (See Resolution No. 2005-44) Council Meeting Agenda Z July 14, 'Z005 C 'Z005-'Z49 Communication (06/'ZO/'Z005) from the Chief of Police, requesting Council approval to accept and use a vehicle acquired through the Asset Forfeiture Program, which shall replace an existing vehicle, and will be assigned to the Narcotics Enforcement Unit for counter-narcotics operations. C 'Z005-'Z 50 Communication (06/'Z 1/'Z005) from the Fire Chief, requesting Council approval to accept a donation of a new wooden sign to replace the deteriorating Waimea Fire Station sign, which will be created by Waimea High School's Special Education (self- contained) Class instructed by Mr. Billy DeCosta during the upcoming school year, and has an approximate value of $1,000. C'Z005-'Z51 Communication (06/30/'Z005) from the Chief, Building Division, Department of Public Works, requesting Council approval to apply for, receive, and expend federal funds in the amount of $300,000 for fiscal year 'Z005 for planning services, and $3,000,000 for fiscal year 'Z006 for D/B construction for the Iuna Bay-Anahola phase of the Nawiliwili-Anahola bike and pedestrian path project, which is 100% Federal Highway funds and in-kind County of Kauai contribution. LEGAL DOCUMENT: C'Z005-'Z 5'Z Requesting Council approval of a quitclaim deed, granting the State of Hawaii, Department of Land and Natural Resources an abandoned portion of Iaholalele Road by County Attorney Lani Nakazawa. C T.ATMS• C'Z005-'Z53 Communication (06/30/'Z005) from the County Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Cheryl L. Dilay, a GEICO Recovery Examiner, on behalf of Christopher A. Smith for daniages to his vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. Council Meeting Agenda 3 July 14, 2005 COMMITTEE REPORTS: PARKS 8s PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2005-8: on PPW 2005-3 Communication (06/ 17/Z005) from Council Chair Bill "Kaipo" Asing, requesting that the Administration be present to discuss various questions relating to Resolution No. 2005-41 (Wailua/Kapa`a Sewer System Improvements). [Received for the record.] COMMITTEE OF THE WHOLE REPORT: CR-W 2005-12: on 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 [Approved.] RESOLUTIONS: Resolution No. 2005-43, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Suzanne Aguiar, First Term) Resolution No. 2005-44, RESOLUTION AUTHORIZING THE DIREC'T'OR 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 MARRIOTT WASTEWATER PUMP STATION IMPROVEMENTS PROJECT BILL FOR SECOND READING: 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 (The Committee of the Whole recommended approval on 07/07/2005) Council Meeting Agenda 4 July 14, 2005 EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") ~9Z-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. ~9Z-4 and shall be limited to those items described in H.R.S. ~9Z-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Cleric's Office. Discussions held in Executive Session are closed to the public.) 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 06/16/2005) ES-185 Pursuant to Haw. Rev. Stat. ~~9Z-4, 9Z-5(a)(Z) and (8); 9ZF-13(1), ('Z), (3), and (4); and 9ZF-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work, and to consider matters of public safety and security. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-186 Pursuant to Haw. Rev. Stat. ~~9Z-4, 9Z-5(a)(Z) and (8); 9ZF-13(1), ('Z), (3), and (4); and 9ZF-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it conceilis a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Meeting Agenda 5 July 14, 2005 ES-187 Pursuant to Haw.Rev.Stat. ~~9Z-4 and 9Z-5(a)(4) - (6) and 9ZF- 13(Z)-(3), the purpose of this executive session is to provide a Council briefing on the pending cases of Michael G. Chink v. Kauai County Council, Civ. No. 05-1-0080 (Fifth Circuit Court) and County of Kauai; Kauai County Council, et al., v. Office of Infoiluation Practices, et al., Civ. No. 05-1-0088 (Fifth Circuit Court) and associated matters. 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. 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.