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HomeMy WebLinkAbout2004-06-07 agendaCOUNCIL MEETING NOTICE and AGENDA MONDAY, JUNE 7, 2004 1:00 P. M., OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room ZO1 Lihu`e, Kauai, Hawaii This 06/07/04 Council Meeting Agenda is required to be posted by 06/01/04. The Council may consider ariy item reported out by the Committees as shown ori the attached 06/03/04 Committee Agenda, iricludirig directly related items added to the Committee Agenda. MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Public Hearing of May 6, 2004, re: Bills No. 'Z 101, 'Z l0Z and Resolution No. ~Z004-19 COMMUNICATIONS: C 2004-180 Communication (05/Z5/Z004) from Senator Gary L. Hooser, on behalf of himself and Representatives Bertha C. Kawakami, Ezra R. Ianoho and Hermina M. Morita, requesting agenda time at the June 7, 2004 Council meetuig to present an overview and update of the 2004 State Legislative Session. C 2004-181 Communication (05/Z4/Z004) from Councihuember Mel Rapozo, requesting that the Deputy County Engineer be present at the June 7, 2004 Council meeting to discuss the Administration's plans for the Iapa`a-Wailua (Papaloa Road) portion of the County's bike/pedestrian path. Council Meeting Agenda Z June 7, 2004 C 2004-18Z Communication (05/ 19/Z004) from the Purchasing & Assistant Contracts Administrator, informing the Council that the contract to purchase one (1) firefighting apparatus with monitor and master streani nozzle was received from flee Fire Department for processing. C 2004-183 Communication (05/'Z1/Z004) from the Director of Finance, transmitting for Council infoiluation flee Condition of the County Treasury statement as of March 16, 2004. C 2004-184 Communication (05/Z5/Z004) from flee Director of Finance, transmitting Financial Reports--Montle Ending April 30, 2004. (Copies of Detailed Budget Report (Listing), Statement of Reueriues-Estimated arid Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office). C 2004-185 Communication (05/ 17/Z004) from the Director, Office of Economic Development, requesting Council approval to apply for, receive and expend $50,000 in grant funding from the Hawaii Tourism Authority's Product Development Program for the period of January 1, 2004 through December 31, 2004, and to approve the indemnification provisions. (2004 Proposal Outline on file in the County Clerk's Office) C 2004-186 Communication (05/ 18/Z004) from the Chief, Operations and Construction, Department of Public Works, requesting Council approval to accept a donation of two ('Z) speed humps in the Hanania`ulu Beach Park, an approximate $5,000 value, from Niu Construction. C 2004-187 Communication (05/Z4/Z004) from the Fire Chief, requesting Council approval to apply for, receive, and expend $278,889.14 from the Federal Safe Communities Highway Safety Program Grant for: 1. one (1) 1'Z-ton capacity first line vehicle for Hanalei, Z. two ('Z) jaws of life, and 3. thirteen (13) backboards. Council Meeting Agenda 3 June 7, 'Z004 C'Z004-188 Communication (05/'Z6/'Z004) from the Mayor, transmitting for Council confirmation, his appointment of John Ii. Isobe, to the County Charter Review Commission. C'Z004-189 Communication (05/'Z8/'Z004) from the Fire Chief, requesting Council approval to apply for, receive and expend $6'Z,000 from the Emergency Devices Grant to purchase 17 automated external defibrillators (AED). 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 5/27/2004) C'Z004-133 Communication (03/'Z9/'Z004) from the Chief, Operations and Construction, Department of Public Works, transmitting for Council infoiluation, his response to the January 1'Z, 'Z004 letter regarding Kalama Bridge located at Pu`u`opae Road in Wailua Homesteads. (Deferred 5/27/2004) CLAIMS: C'Z004-190 Communication (05/'ZO/'Z004) from the County Clerk, transmitting a claim filed against the Cormty of Iaua`i by William F. Noil~is, for personal property daniage, pursuant to Section 'Z3.06, Charter of the County of Kauai. COMMITTEE REPORTS: For infoiluation on items defeil~ed at the June 3, 'Z004 Committee Meetings, please refer to the minutes of those meetings. Action ori Committee Reports related to agenda items reported out from the Jurie 3, 2004, Committee agenda (see attached). Council Meeting Agenda 4 June 7, 2004 RESOLUTION: Resolution No. 2004-30, RESOLUTION CONFIRMING THE MAYORAL APPOINTMENTS TO THE IAUA`I COUNTY CHARTER REVIEW COMMISSION (Michael Belles, Ramon de la Pena, Galen Nakamura and Barbara Robeson) BILLS FOR SECOND READING: The following bills are posted on the June 3, 2004, Committee agenda and may be reported out by the respective Committees. The Council may consider these bills for second reading if reported out by Committee (see attached). 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, 2003 AND JUNE 30, 2005 Bill No. 'Z 104 - AN ORDINANCE AMENDING ORDINANCE NO. B-Z003- 610 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IAUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($300,000 Special Counsel) Bill No. 'Z 105 - AN ORDINANCE AMENDING SECTION 3-'Z.1 OF THE IiAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO SALARIES OF CERTAIN OFFICERS 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 Clerk'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 Priruatech 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 5/27/2004) Council Meeting Agenda 5 June 7, 2004 ES-131 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 to advise the County in potential litigation regarding Kilauea Gymnasium. 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. ES-13Z 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 Mark N. Be~ley v. County of Kauai, et al., Civ. No. 03-00162 DAE ISC (U.S. District Court, District of Hawaii). 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. ES-133 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to approve the County Attoiliey's recommendation for an additional appropriation for special counsel in Mark N. Begley v. County of Iaua`i, et al., Civ. No. 03-00162 DAE ISC (U.S. District Court, District of Hawaii). This consultation involves consideration of powers, duties, privileges, immunities, and/or liabilities of flee Council and the County as they relate to this agenda item. ES-134 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to approve the County Attoiliey's recommendation for an additional appropriation for special counsel in Mark N. Begley v. County of Iaua`i, et al., Civ. No. 03-00162 DAE ISC (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of powers, duties, privileges, immunities, and/or liabilities of the Council and the Cormty as they relate to this agenda item. Council Meeting Agenda 6 June 7, 2004 ES-135 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 Alvin M. Seto v. George Freitas, Jr., et al., Civ. No. 03-OOZ59 HG LEK (U.S. District Court, District of Hawaii). 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. ES-136 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 Waldorf Rov Wilson II v. George Freitas, et al., Civil No. 0'Z-1- 014Z (Fifth Circuit Court, State of Hawaii) and Alvin M. Seto v. George Freitas, et al., Civil No. 03-OOZ59 MEA LEI (U.S. District Court of Hawaii), and related matters. 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. ES-137 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to approve the Cotmty Attorney's recommendation for an additional appropriation for special counsel to represent George Freitas in Waldorf Rov Wilson II v. George Freitas, et al., Civ. No. OZ-1-0142 (Fifth Circuit Court, State of Hawaii). 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. ES-138 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 Carl Ra~asa, et al. v. County of Kauai, et al., Civ. No. 03-00540 SPIT/BMK. 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 7 June 7, 2004 ES-139 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 Carl Raaasa, et al. v. County of Iaua`i, et al., Civ. No. 03-00540 SPIT/BMK. 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. ES-140 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request council approval to expend additional funds for special counsel to represent the Cotmty of Kauai in various ongoing worker's compensation appeals cases. 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-141 Pursuant to Haw. Rev. Stat. ~~9Z-4 and 9Z-5(a)(4), the purpose of this executive session is to request an additional appropriation for special counsel to provide advice and counsel regarding land use and planning issues. 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.