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HomeMy WebLinkAbout2005-07-28 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JULY 28, 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: Mid-Month Meeting of June 30, 2005 Special Council Meeting of July 14, 2005 COMMUNICATIONS: C 2005-Z4Z Communication (06/ 15/Z005) from Councihuember Mel Rapozo, requesting that the Cotmty Engineer be present at the June 30, 2005 Council meeting to provide an update on the Administration's contingency plan for when the Kekaha Landfill reaches capacity and can no longer be used and the status of the Administration's efforts to site anew landfill. (Deferred 06/30/2005) C 2005-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 aniount of $300,000 for fiscal year 2005 for planning services, and $3,000,000 for fiscal year 2006 for D/B construction for the Kuna 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. (Deferred 07/ 14/2005) Council Meeting Agenda Z July 'Z8, 'Z005 C'Z005-'Z54 Communication (07/'ZO/'Z005) from Councilmember Jay Furfaro, transmitting for Council consideration, a resolution requesting Wilcox Health to continue accepting workers' compensation cases in the future. (See Resolution No. 2005-46) C 'Z005-'Z55 Communication (07/'Z 1/'Z005) from Councilmember Daryl W. Ianeshiro, 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. 2137) C'Z005-'Z56 Communication (07/'Z1/'Z005) from the Parks Administrator, transmitting for Council consideration and approval, a bill transferring $1,191,000 in additional funds from the Historic County Building Renovation/Masterplan account to the Vidinha Stadium Rubberized Track Construction account. (See Proposed Draft Bill No. 2138) C'Z005-'Z57 Communication (07/07/'Z005) from the Chief, Building Division, transmitting the Monthly Report on Building Peiluit Information for the month of June. C'Z005-'Z58 Communication (07/07/'Z005) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 04/05 4~~ Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office) C'Z005-'Z59 Communication (06/'Z3/'Z005) from the Chief of Police, requesting Council approval to accept equipment purchased with federal grant monies and transferred from the Department of the Attorney General, Hawaii Criminal Justice Data Center (HCJDC), which will be utilized to comply with a Livescan statewide booking system of criminal offenders as well as capturing Sex Offender registration requirements. Council Meeting Agenda 3 July 'Z8, 'Z005 C 'Z005-'Z60 Communication (07/05/'Z005) from the Solid Waste Program Administrative Officer, requesting Council approval to accept ownership of the Iaua`i Aloha Shares Network, which was developed by Maui Recycling Group (MRG) under a County Reuse grant which expired in March 'Z005, and is an electronic reuse network that exchanges information about reusable materials in an effort to divert diem from the landfill, and the Recycling Office would continue to use the network as a tool to facilitate and track reuse activities on Kauai. C 'Z005-'Z61 Communication (07/08/'Z005) from the Mayor, transmitting for Council confiiluation, his appointment of Russell L. Grady (replacing Thomas Iannucci), 1st term, to the County of Iaua`i Police Commission. C 'Z005-'Z 6'Z Request (07/ 11/'Z005) from the Office of the County Attorney requesting approval to expend up to $75,000 for special counsel Goodsill, Anderson, Quinn & Stifel's continued representation of the Cormty in Cormty of Iaua`i, by its Cormty Attorney Lani D. H. Nakazawa v. Bryan J. Bautiste, Mayor, et al. S. C. No. 'Z7351 (Hawai`i Supreme Court) and Civ. No. 04-1-01'Z4 (Fifth Circuit Court) and related matters. C 'Z005-'Z63 Request (07/ 11/'Z005) from the Office of the County Attorney requesting approval to expend up to $100,000 for special counsel Michael Matsukawa's continued representation of the Cormty in Cormty of Iaua`i v. Mandalay Properties Hawaii LLC, et al. Civ. No. 05-1-0008 (Fifth Circuit Court); Cormty of Kauai v. Mandalay Prouerties Hawaii LLC, et al., Civ. No. CV05-0005'Z DAE BMI (U.S. District Court of Hawai`i); Mandalay Prouerties Hawaii LLC v County of Kauai, Civ. No. CV04-00446 SOM/LEI (U.S. District Court of Hawai`i); Mandalay Prouerties Hawaii LLC v. County of Kauai, Case No. 05-15383 (U.S. 9th Circuit Court of Appeals) and related matters. C 'Z005-'Z64 Request (07/ 11/'Z005) from the Office of the County Attorney requesting approval to expend up to $30,000 for special counsel for the Charter Review Commission, consistent with the amounts budgeted for FY 05-06 for this activity. Council Meeting Agenda 4 July 'Z8, 'Z005 C 'Z005-'Z65 Communication (07/ 1'Z/'Z005) from the Council Chair, requesting that the Administration and contractor provide an update/status of the Olohena Bridge Project at the July 'Z8, 2005 Council meeting. C 'Z005-'Z66 Communication (07/'Z 1/'Z005) from Michael J. Belles, on behalf of his client, Iuku`i`Ula Development Company (Hawai`i), LLC, (KDC) requesting that the County of Kauai, by and through the Iaua`i County Council, confirm that IDC has satisfied its obligations under Condition 'ZO of Ordinance No. PM-'Z004-370. 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 Kaholalele Road by County Attorney Lani Nakazawa. (The Parlcs & Public Worlcs Committee recommended approval on 07/21/2005) CLAIMS: C 'Z005-'Z67 Communication (07/07/'Z005) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Laverne Bishop, for daniages to her personal property, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C 'Z005-'Z68 Communication (07/07/'Z005) from the Cotmty Clerk, transmitting a claim filed against the County of Kauai by Katherine L. Peterson, for damages to her vehicle, pursuant to Section 'Z3.06, Charter of the County of Kauai. C 'Z005-'Z69 Communication (07/ 11/'Z005) from the Cotmty Clerk, transmitting a claim filed against the Cotmty of Iaua`i by Yolanda Balaan, for daniages to her vehicle, pursuant to Section 'Z3.06, Charter of the Cotmty of Iaua`i. Council Meeting Agenda COMMITTEE REPORTS: CR-CA 2005-4: on CA 2005-3 5 Jttly 'Z8, 'Z005 Communication (7/ 15/Z005) from Councihuember JoAnn A. Yukimura, requesting agenda time for Mr. Jeff Minter, Vice President and/or Mr. Myron Curzan, Chief Executive Officer of UniDev, Inc. to present information about a new model for workforce housing which has been very successful in several places on the mainland. [Received for the record.] PARKS 8s PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2005-9: on PPW 2005-4 Communication (6/Z8/Z005) from Edward Tschupp, Manager & Chief Engineer, Water Department, requesting to update the Committee about the Grove Farm Surface Water Treatment Plant. [Received for the record.] CR-PPW 2005-10: on LEGAL DOCUMENT: C 2005-Z5Z 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. [Approved.] RESOLUTIONS: Resolution No. 2005-46, RESOLUTION REQUESTING WILCOX HEALTH (WILCOX MEMORIAL HOSPITAL AND IAUA`I MEDICAL CLINIC) TO CONTINUE ACCEPTING WORKERS' COMPENSATION CASES Resolution No. 2005-47, RESOLUTION AMENDING RESOLUTION NO. 2005-13 TO CONFIRM MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Russell Grady, First Term) Council Meeting Agenda 6 July Z8, Z005 BILL FOR FIRST READING: Proposed Draft Bill No. 'Z 137 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW CHAPTER 'Z6, KAUAI COUNTY CODE 1987, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS Proposed Draft Bill No. 'Z 138 - AN ORDINANCE AMENDING ORDINANCE NO B-2005-633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IAUA`I STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND FUND ($1,191,000 Vidinha Stadium Rubberized Track) 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 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 07/14/2005) 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 fire pending 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, 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. (Deferred 07/14/2005) Council Meeting Agenda 7 July Z8, Z005 ES-188 Pursuant to Haw.Rev.Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to provide a Council briefing on the pending cases of County of Kauai, by its County Attorney Lani D. H. Nakazawa v. Bryan J. Baptiste, Mayor, et al. S. C. No. 27351 (Hawai`i Supreme Court) and Civ. No. 04-1-0124 (Fifth Circuit Court) and associated matters. 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. ES-189 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 COUNTY OF IAUA`I v. MANDALAY PROPERTIES HAWAII LLC, ET AL., Civ. No. 05-1-0008 (Fifth Circuit Court); COUNTY OF IAUA`I v. MANDALAY PROPERTIES HAWAII LLC, ET AL., Civ. No. CV05-00052 DAE BMK (U.S. District Court of Hawai`i); MANDALAY PROPERTIES HAWAII LLC v. COUNTY OF IiAUA`I, Civ. No. CV04-00446 SOM/LEK (U.S. District Court of Hawai`i); MANDALAY PROPERTIES HAWAII LLC v. COUNTY OF IiAUA`I Case No. 05-15383 (U.S. 9t1i Circuit Court of Appeals) and related matters. 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. 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.