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Home My WebLink About2004-04-29 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY APRIL 29, 2004 1:00 P. M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 'ZO 1 Lihu`e, Iaua`i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Mid-Montle Meeting of March 31, 'Z004 Public Hearing Minutes of March 'Z9, 'Z004, re: Bills Nos. 'Z099 and 'Z 100 Executive Meeting of April 15, 'Z004 Special Meeting of April 15, 'Z004 COMMUNICATIONS: C'Z004-104 Communication (03/'Z4/'Z004) from the Council Chair, requesting that the Deputy County Engineer be present at the March 31, 'Z004, Council meeting to provide an update on the status of the Kilauea Gym roof and floor repairs, and to respond to a previous inquiry dated March 5, 'Z004 from Councilmember Furfaro. (Deferred 04/15/2004) C'Z004-134 Communication (04/08/'Z004) from the Mayor, transmitting for Council approval, a bill for an ordinance approving the collective bargaining agreement for Bargaining Units 'Z, 3, 4 and 13, between July 1, 'Z003 and June 30, 'Z005, as well as the arbitration panel's decision and award as it relates to the Hawaii Government Employees Association (HGEA) salary increase. (Decision and award on file in the County Cleric's Office) (See Proposed Draft Bill No. 2103) C'Z004-135 Communication (03/'Z9/'Z004) from the Solid Waste Program Administrator, submitting for Council information, the monthly report from Island Recycling, Inc. for the month of February 2004. Council Meeting Agenda Z April 'Z9, 'Z004 C'Z004-136 Communication (04/O1/'Z004) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of March. C'Z004-137 Communication (04/0'Z/'Z004) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 03/04 3rd Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office) C 'Z004-138 Communication (04/ 15/'Z004) from Councilmember Mel Rapozo, declaruig a conflict of interest on ES-1'Z'Z, on the April 15, 'Z004 Special Council meeting agenda, because he may be a potential witness in the aforementioned case. C'Z004-139 Communication (04/O1/'Z004) from the Chief of Operations & Construction, Department of Public Works, requesting Council approval to accept and expend approximately $110,000 from the Federal Highway Administration, Bridge Inspection Grant, which will be used to employ a consultant to perform an in- depth inspection of the county's 'Z'Z bridges, and to make recommendations for improving their present condition. C'Z004-140 Communication (04/O1/'Z004) from the Fire Chief, requesting Council approval to apply for, receive, and expend the Office of Domestic Preparedness Assistance to Fire Fighters Grant of $96,000, and $'Z8,800 of in-kind matching funds from the County of Kauai to upgrade 60 of our fire fighters medical training from the first responder level to the Emergency Medical Technician (EMT) basic level. C 'Z004-141 Communication (04/ 13/'Z004) from the Fire Chief, requesting Council approval to indemnify the vendor of the new lifeguard tower being purchased for Hanalei Pavilion. Council Meeting Agenda 3 April 'Z9, 'Z004 C'Z004-14'Z Communication (04/0'Z/'Z004) from the Director, Office of Economic Development, requesting Council approval to apply for, receive, and expend approximately $300,000 in grant fiords from the U.S. Department of Commerce, National Telecommunications and Infoiluation Administration (NTIA) Technology Opportunities Prograni, which will be used to fund an electronic commerce skills training program for Iaua`i residents, and to approve indemnification provisions relating to the eventual contracting entity. C'Z004-143 Communication (04/1'Z/'Z004) from James Iunane Tokioka, Council Vice Chair, requesting Council consideration and approval of the Hawaii State Association of Counties (HSAC) Fiscal Year 'Z004-'Z005 annual budget. C 'Z004-144 Communication (04/ 13/'Z004) from James Iunane Tokioka, Council Vice Chair, requesting Council approval to continue serving as the Hawaii State Association of Counties (HSAC) representative for the Iaua`i County Council and that Councilmember Daryl W. Ianeshiro serve as the alternate. C 'Z004-145 Communication (04/ 13/'Z004) from the Executive on Housing, requesting Council approval to: 1. repurchase Unit 18B, Kilauea Estates for $169,'Z00, Z. resell Unit 18B, Kilauea Estates for $177,'Z00, and 3. authorize the County Clerk to sign legal documents related to the repurchase and resale transactions. C 'Z004-146 Communication (04/ 14/'Z004) from the Mayor, transmitting for Council confirmation, his appointments of Linda A. Sproat (At- large, one year term) and Laura L. Marsh (Iapa`a-Waihia Development Area, one year term) to the Public Access, Open Space and Natural Resources Preservation Fund Commission. C 'Z004-147 Communication (04/ 16/'Z004) from Councilmember Mel Rapozo, requesting that the Deputy Cotmty Engineer be present at the April 'Z9, 'Z004 Council Meeting to discuss the Administration's plans for the Kapa`a-Wailua (Papaloa Road) portion of the County's bike/pedestrian path. Council Meeting Agenda 4 April 'Z9, 'Z004 C'Z004-148 Communication (04/'Z3/'Z004) from the Council Chair, transmitting for Council approval, a resolution appointing four members to the Public Access, Open Space, & Natural Resources Preservation Commission. (See Resolution No. 2004-29) CLAIMS: C 'Z004-149 Communication (04/ 14/'Z004) from the County Clerk, transmitting a claim filed against the County of Kauai by Michael Tittiger, for damage to personal property, pursuant to Section 'Z3.06, Charter of the County of Iaua`i. C'Z004-150 Communication (04/'ZO/'Z004) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Darlene Babin, dba Iaua`i Iritters, for damage to personal property, pursuant to Section'Z3.06, Charter of the County of Kauai. COMMITTEE REPORTS RESOLUTIONS: (SEE ATTACHMENT) Resolution No. 'Z004-06, Draft 1, RESOLUTION DETERMINING THE COUNTY OF IiAUA`I FUEL TAX RATE AND REPEALING RESOLUTION NO. 'Z'Z- 99 (The Finance/Intergovernmental Relations Committee recommended approval as amended to Resolution No. 2004-06, Draft 1, ori 04/22/2004) Resolution No. 2004-'Z8, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Lynn McCrory, First Term) Resolution No. 'Z004-'Z9, RESOLUTION APPOINTING MEMBERS TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Beryl Blaich, 3year term, Theresita Iinnamon, 'Z-year term, Jean Nishida Souza, 'Z-year term, and Sherwood Iida, 1-year term) Council Meeting Agenda 5 April 'Z9, 'Z004 BILLS FOR FIRST READING: Proposed Draft Bill No. 'Z 103 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNITS 'Z, 3, 4, AND 13 BETWEEN JULY 1, 'Z003 AND JUNE 30, 'Z005 BILLS FOR SECOND READING: Bill No. 'Z097, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND SECTION 5-1.1, IiAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY FUEL TAX (The Finance/Intergovernmental Relations Committee recommended approval as amended to Bill No. 2097, Draft 1, ori 04/22/2004) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") ~9'Z-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. ~9'Z-4 and shall be limited to those items described in H.R.S. ~9'Z-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Cleric's Office. Discussions held iri Executive Session are closed to the public.) ES-1'Z6 Pursuant to Haw. Rev. Stat. Sections 9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions and issues relating to negotiations with Primatech Construction Company for the repair of Kilauea Gymnasium's roof. 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 04/15/2004) ES-1'Z7 Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to request council approval for an additional appropriation for special counsel to perfoilu legal services necessary for fire development of a County housing project, including preparation of documents and filings to create a condominium property regime. 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. Council Meeting Agenda 6 April 'Z9, 'Z004 ES-1'Z8 Pursuant to Haw. Rev. Stat. ~~9'Z-4 and 9'Z-5(a)(4), the purpose of this executive session is to approve the County Attorney's recommendation for an additional appropriation for special counsel in Jacquelyn K. Tokashiki vs. George Freitas, County of Kauai, et al., Civil No. 0'Z-1-0086 (Fifth Circuit Court) and Jacauelyn K. Tokashiki vs. George Freitas, Civil No. CV 03-00065 ACI/LEI (U.S. District Court). This consultation involves consideration of 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. Council Meeting Agenda 7 April 'Z9, 'Z004 (ATTACHMENT) COMMITTEE REPORT FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-F/IGR 20045: on F/IGR'Z004-'Z Communication (3/4/'Z004) from JoAnn A. Yukimura, Councihuember, requesting input from the Administration on the Proposed Draft Bill No. 2097, Relating to the County Fuel Tax and Resolution No. 'Z004-06, Relating to Fuel Tax Rate. [Received for the record.] CR-F/IGR 20046: on Resolution No CR-F/IGR 20047: on Bill No. 'Z097 2004-06 RESOLUTION DETERMINING THE COUNTY OF IAUA`I FUEL TAX RATE AND REPEALING RESOLUTION NO. 'Z'Z-99 [Approved as amended.] A BILL FOR AN ORDINANCE TO AMEND SECTION 5-1.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY FUEL TAX [Approved as amended.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2004-6: on CA 'Z004-'Z Communication (4/8/'Z004) from Beiliard P. Caivalho, Jr., OCA Director, submitting the Offices of Community Assistance Monthly Status Report. [Received for the record.] ENERGY 8s PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2004-4: on EPS 'Z004-'Z Communication (3/'Z'Z/'Z004) from Victor Punua, Chairman, Police Commission, requesting agenda time to discuss a proposal from the Hilo Data Systems for an Upward Appraisal Process for the Iaua`i Police Department. [Received for the record.]