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HomeMy WebLinkAbout2004-05-27 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY MAY 27, 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-Month Meeting of April 'Z9, 'Z004 Executive Meeting of April 'Z9, 'Z004 Regular Meeting of May 13, 'Z004 Special Meeting of May 13, 'Z004 Public Hearing of May 'Z0, 'Z004, re: C 'Z004-161 (Mayor's Modification Proposal) 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 repau~s, and to respond to a previous inquiry dated March 5, 'Z004 from Councilmember Furfaro. (Deferred 5/13/2004) C'Z004-133 Communication (03/'Z9/'Z004) from the Chief, Operations and Construction, Department of Public Works, transmitting for Council information, his response to the January 1'Z, 'Z004 letter regarding Kalama Bridge located at Pu`u`opae Road in WailuaHomesteads. (Deferred5/13/2004) C'Z004-163 Communication (05/07/'Z004) from the Solid Waste Program Administrator, submitting for Council information, the monthly reports from Island Recycling, Inc. for the months of March and April 'Z004. Council Meeting Agenda Z May 'Z7, Z004 C 2004-164 Communication (05/ 10/Z004) from the Director of Personnel Services, transmitting for Council information, quarterly reports relative to vacancies, established positions, new hires, reallocations and promotions. (Confidential reports on file in the County Clerk's Office.) C 2004-165 Communication (05/ 18/Z004) from the Engineering Division, Public Works, submitting for Council information, the Grading, Grubbing, and Stockpiling Peiluit Infoiluation for the period September 2003 through March 2004. C 2004-166 Communication (04/'ZO/Z004) from the Anti-Drug Coordinator, requesting Council approval to receive $5,000 from the State of Hawaii, Department of Health, Alcohol & Drug Abuse Division, to develop a five-year strategic plan for substance abuse prevention and treatment for the County of Kauai effective September 1, 2003, pursuant to MOA #04-'Z 1. C 2004-167 Communication (04/'Z 1/Z004) from the Chief of Police, requestuig Council approval to apply for, accept, and expend $9,690 in grant fiords appropriated by the State of Hawaii, Department of Transportation for FY 2003-2004, to be used to send one (1) analyst from the Department of Finance, Computer Systems Section, and two ('Z) officers from the Police Department to the 30t1i Annual Inteiliational Forum on Traffic Records and Highway Information Systems in July 2004, in Nashville, Tennessee. C 2004-168 Communication (04/30/Z004) from the Executive on Housing, requesting Council approval to: 1. approve a purchase in lieu of foreclosure to buy the real property located at 6342 Koukalaka Place, Kapa`a, Kauai, Hawaii 96746 (TMK: 4/4-'Z-OlZ-100) for a price not to exceed $270,000, Z. authorize the use of fiords from the Buyback Account of the Housing Revolving Fund to fund the purchase, and 3. authorize the County Clerk to execute documents related to the purchase. Council Meeting Agenda 3 May 'Z7, 'Z004 C'Z004-169 Communication (05/07/'Z004) from the Fire Chief, requesting Council approval of a donation from Billabong USA, of thirty (30) wetsuits valued at $4,458.60, for use by the Water Safety Officers. C'Z004-170 Communication (05/07/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Barbara Robeson, to the County Charter Review Commission. C'Z004-171 Communication (05/07/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Galen Nakamura, to the County Charter Review Commission. C 'Z004-17'Z Communication (05/ 18/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of Michael J. Belles, to the County Charter Review Commission. C 'Z004-173 Communication (05/ 17/'Z004) from the Director, Office of Economic Development, requesting Council approval to receive and expend funding of the following programs under the Workforce Investment Act (WIA): 1. WIA Title I for Program Year 'Z004 to be expended by Jtme 30, 'Z006 - $667,'Z89.00 (Adttlt program $'Z 38,966, Youth prograni $'Z46,983, Dislocated worker program $114,61'Z, and Local administrative costs $66,7'Z8), and Z. Program Year 'Z00'Z Incentive Grant for Exemplary Performance - $9,'Z50.00. C'Z004-174 Communication (05/11/'Z004) from the Fire Chief, requesting Council approval of a Temporary As Needed (TAN) operator position, for a new first line mini-pumper, purchased with Weapons of Mass Destruction (WMD) grant funds, and assigned to the Kalaheo Fire Station, to enhance the response capability to the Westside communities. C 'Z004-175 Communication (05/'Z 1/'Z004) from the Council Vice Chair, transmitting for Council approval, the proposed slate of Hawaii State Association of Counties (HSAC) officers for fiscal year 2004-'Z005, and HSAC's representative on the Western Interstate Region's (WIR) Board of Directors. Council Meeting Agenda 4 May 'Z7, Z004 C 2004-176 Communication (04/30/Z004) from the Mayor, transmitting for Council confirmation, his appointment of Ramon de La Pena, to the County Charter Review Commission. C 2004-177 Communication (05/'Z 1/Z004) from the Elections Administrator, requesting Council approval to accept a donation of approximately $1,500 from Iaua`i Island Utility Cooperative (KIUC), for radio au~time and to include an insert in their July 2004 billing to facilitate the recruitment of precinct officials for the 2004 elections. C 2004-178 Communication (05/ 18/Z004) from the Fire Chief, informing the Council of the transfer of $255,000 from the payroll fund account to the vehicle accotmt, to execute the emergency purchase of a fire apparatus for the Hanalei Station, that meets the weight restriction of the bridges in that district. LEGAL DOCUMENTS: C 2004-179 Communication (05/ 19/2004) from the Deputy County Engineer, recommending Council appro val o f Right of Entry Agreements between the C otmty of Iau a` i, and the following, for sidewalk installation along Maka Road: 1. Benjamin Oyama TMI: Z- 3-0'Z -33 Z. Benjaniin Oyama TMK: Z- 3-0'Z -34 3. Shigenori Ishibashi, TMK: Z- 3-0'Z -36 Iinuko Ishibashi, George Y. I sh ibash i, and John Ii. Ishibashi 4. Oyania Partners TMK: Z- 3-0'Z -84 5. Roy Oyama TMK: ~Z -3-O~Z -03-1~Z7A-1 6. OyaniaPartners TMK: Z -3-OZ -100-1Z7A-'Z 7. OyamaPartners TMI: Z -3-OZ -101-1Z7A-3 8. OyamaPartners TMI: Z -3-OZ -102-1Z7A-4 9. Oyama Partners TMK: ~Z -3-O~Z -103-1~Z7A-5 l0.State of Hawaii TMK: Z -3-0'Z -05 COMMITTEE REPORTS: For information on items deferred at the May 'Z0, 2004 Committee Meetings, please refer to the minutes of those meetings. Council Meeting Agenda 5 May 'Z7, Z004 CR-CA 2004-8: on CA 2004-4 Communication (4/Z6/Z004) from Daryl W. Ianeshiro, Community Assistance Committee Chair, requesting that the Administration be present to discuss Iaua`i Housing Needs and the 2004 Affordable For-Sale Housing Prices. [Received for the record.] 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-lZ6 Pursuant to Haw. Rev. Stat. Sections 9'Z-4 and 9Z-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 Pruuatech 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 5/13/2004) ES-lZ9 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 for purposes of giving a status report and requesting Council approval of a proposed settlement of County of Kauai vs. James Pflue~er, et al., Civ. No. 0'Z-1-0160. 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. ES-130 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-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 Jacauelvn K. Tokashiki vs. Georee Freitas. County of Kauai. et al., Civil No. 0'Z-1-0086 (Fifth Circuit Court) and Jacquelyn Ii. 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 Cotmty as they relate to this agenda item. Council Meeting Agenda 6 May 'Z7, Z004 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. R~oposed Draft Bill No. ?103 A BILL FOR AN ORDINANCE APPROPINCU A COLLECTII~E BARCUAININCU ACUREENIENT FOR B9RG4EJING L~NTTS?, 3, 4, _9ND 13 BETYG'EENJL7LF 1, ?003.9ND JL ENE 30, ?005 Proyoserl Droft Bill No. ?104 -.9N ORDEJ9NCE _-LLfENDING ORDINANCE NO B-?003-610AS_-LLfENDED, RELATING TO THE OPERATING; BI rDC;ET OF THE COI rNTP OF L:4IA`I, STATE OF HAYd'AI `I, FOR THE FLSC 9L I EAR JC7LP 1, ?003 THROUC;H .IIrNE 30, ?004, BP REVLSINC; THE SL7RPLL7.SAND APPROPRIATIONS ESTIN/ATED IN THE C;ENERAL FIrND !8300,000 Syecial Conrnsel) Proyoserl Draft Bill No. ?105 - AN ORDINANCE AMENDING SECTION 3?.1 OF THE FAIA7 COLzNTP CODE 19S?, AS AMENDED, RELATINGU TO S 9LARIES OF CERTAINOFFICERS 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 bulletui board, uid filed in the Coiurty Clerk's t_iffice as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on any item which has been posted in advance incompliance 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.