HomeMy WebLinkAbout 01/15/2009 01/14/2009 Council meeting follow-up letterCOUNTY COUNCIL OFFICE OF THE COUNTY CLERK
BILL "KAIPO" ASING, CHAIR Council Services Division
JAY FURFARO, VICE CHAIR Elections Division
TIM BYNUM
DICKIE CHANG PETER A. NAKAMURA, County Clerk
DARYL W. KANESHIRO ERNESTO G. PASION, Deputy County Clerk
LANI T. KAWAHARA Telephone: (808) 241-6371
DEREK S.K. KAWAKAMI Facsimile: (808) 241-6349
4396 RICE STREET, ROOM 206
LIHUE, KAUAI, HAWAII 96766-1371
E-mail: cokcouncil@kauai.gov
MEMORANDUM
January 15, 2009
TO: BERNARD P. CARVALHO, JR., MAYOR
FROM: BILL "KAIPO" ASING, COUNCIL CHAIR
SUBJECT: JANUARY 14, 2009 COUNCIL MEETING
This is to inform you of the action taken by the Council at its January 14, 2009
Council meeting and any follow-up that was requested:
C 2009-30 Communication (11/28/2008) from then Council Chair Jay
Furfaro, transmitting for Council consideration, proposed amendments to address
the issue of vacation rentals on agricultural lands: Received for the record.
C 2009-31 Communication (12/03/2008) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Building
Permit Information Reports for November 2008 that includes the following items:
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Summary
3) Building Permits Tracking Report
4) Building Permits Status
Received for the record.
C 2009-32 Communication (12/08/2008) from the Director of Finance,
transmitting for Council information, the certified unreserved undesignated fund
balance for the fiscal year ending June 30, 2008: Received for the record.
C 2009-33 Communication (12/08/2008) from the Director of Personnel
Services, transmitting for Council information, the following classification requests
which the Department of Personnel Services will be reviewing and taking
appropriate action:
• Fire Department, Position No. 701 (Present Class of Fire Service Trainer to
Fire Fighter III)
• Fire Department, Position No. 699 (Present Class of Fire Apparatus Operator
to Fire Fighter III)
Bernard P. Carvalho, Jr., Mayor
January 15, 2009
Page 2 of 6
• Fire Department, Position No. 698 (Present Class of Fire Apparatus Operator
to Fire Fighter III)
• Fire Department, Position No. 697 (Present Class of Fire Apparatus Operator
to Fire Fighter III)
Received for the record.
C 2009-34 Communication (12/15/2008) from the Chief of Wastewater,
informing the Council of recent emergency procurements for pump replacements
that were required at the Lihue and Wailua Wastewater Treatment Plants:
Received for the record.
C 2009-35 Communication (12/16/2008) from the Director of Finance,
transmitting for Council information the Period 4 Financial Reports -Statement of
Revenues as of October 31, 2008: Received for the record.
C 2009-36 Communication (12/17/2008) from the Director of Finance,
transmitting a request for appropriation of $40,203 to establish a line item within
the Fire Department for the lease of a 3,100 square feet commercial space for the
remainder of the fiscal year and the term of the lease will be for three (3) years with
two (2) one year options: Received for the record.
C 2009-37 Communication (12/17/2008) from the Director of Finance,
transmitting a request to transfer $833,696 from the County's General Fund to the
Golf Fund ($233,405) and Sewer Fund ($600,291) which will adjust the budgeted
fund balances to actual fund balances in these funds: Received for the record.
C 2009-38 Communication (12/23/2008) from Judith F. Lenthall, Executive
Director, Kauai Food Bank, transmitting for Council information, a mid-year status
report concerning the $58,000 grant authorized by the County Council for the
Kauai Food Bank's Food Stamp Outreach Program from the period July 1, 2008
through June 30, 2009: Received for the record.
C 2009-39 Communication (01/08/2009) from Chief, Building Division,
Department of Public Works, transmitting a request for appropriation of $50,000 of
contingency funds for the Work Force Initiative (Fishbowl) Project: Received for
the record.
C 2009-40 Communication (12/03/2008) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify, and
expend Federal Transit Administration (FTA) Section 5309 and 5310 grants for
capital expenditures in the amount of $509,600 and $72,000, respectively:
Approved.
Bernard P. Carvalho, Jr., Mayor
January 15, 2009
Page 3 of 6
C 2009-41 Communication (12/10/2008) from the Fire Chief, requesting
Council approval to accept a $500 monetary donation from Mrs. Clorinda
Nakashima for the efforts of the Fire Department in trying to find her husband
which funds will be deposited into a grant account for future use in recognizing
firefighters: Approved with thank you letter.
C 2009-42 Communication (12/12/2008) from the Chief of Wastewater,
requesting Council approval to expend an estimated $20,000 to construct
approximately 60 linear feet of 6 feet high chain link fence for the newly constructed
valve system at the Waimea Wastewater Treatment Plant Effluent, TMK 1-2-6:9:
Approved.
C 2009-43 Communication (12/16/2008) from Robert G.F. Lee, Major
General, HING, Director of Civil Defense, requesting Council approval to appoint
Mayor Bernard Carvalho, Jr. as the Deputy Director of Civil Defense, in accordance
with H.R.S. Section 128-3(d): Approved.
C 2009-44 Communication (12/17/2008) from the Chief of Wastewater,
requesting Council approval to expend approximately $25,000 to replace and
upgrade the existing Supervisory Control and Data Acquisition (SCADA) system
software, along with a radio system and appurtenances for the Eleele Wastewater
Treatment Plant which funds will be used from the Wastewater Division's current
budget for supplies: Approved.
C 2009-45 Communication (12/23/2008) from Hawaii State Association of
Counties (HSAC) President Derek S.K. Kawakami, requesting that all counties
consider and approve the proposed new slate of HSAC Executive Committee
Officers for the remainder of the 2009 Fiscal Year as follows:
• Nestor Garcia, President
• Derek S.K. Kawakami, Vice-President
• Joseph Pontanilla, Treasurer
• Dennis "Fresh" Onishi, Secretary
Approved.
C 2009-46 Request (12/29/2008) from the Office of the County Attorney for
authorization to expend additional funds up to $100,000 for special counsel
regarding charter amendments and other related matters, including but not limited
to, compliance with legal requirements and/or drafting of ordinances and/or rules:
Approved.
Bernard P. Carvalho, Jr., Mayor
January 15, 2009
Page 4 of 6
C 2009-47 Request (12/29/2008) from the Office of the County Attorney for
authorization to expend funds up to $50,000 to retain special counsel to represent
County of Kauai in Grant W. Gribble v County of Kauai et al ,Civil No. 08-1-0231
(Fifth Circuit Court) and related matters: Approved.
C 2009-48 Request (12/29/2008) from the Office of the County Attorney for
authorization to expend up to $100,000 from the special counsel account to continue
to retain outside counsel to represent the County in Gerard R. Bosma et al. v.
James H. Pflueger et al , Civ. 08-1-0052 (Fifth Circuit Court); Ronald and Gina
Calisher v. James H Pflueger et al , Civ. 07-1-0106 (Fifth Circuit Court); Bruce
Fehring, Individually And As Special Administrator of the Estates of Aurora
Fehring, et al. v James H. Pflueger et al ,Civ. No. 06-1-0082 (Fifth Circuit Court);
and Bette Midler et al. v. James H. Pflueger et al , Civ. No. 06-1-0110 (Fifth
Circuit Court) and related matters: Approved.
C 2009-49 Communication (12/29/2008) from Chief, Building Division,
requesting Council approval to apply for, receive, and expend Federal Emergency
Management Agency (FEMA) funds of $80,250 for hurricane hardening of the
Moikeha Building which will protect the building from hurricane force winds and
County match will be $26,750: Approved.
C 2009-50 Communication (12/29/2008) from the County Executive on
Aging, requesting Council approval to apply for, receive, and expend $270,396 for a
two-year period from HMSA Foundation which will be used for two evidence-based
programs currently being implemented by the Agency on Elderly Affairs and
includes program operational costs for EnhanceFitness and Chronic Disease Self-
Management Programs: Approved.
C 2008-280 Communication (09/12/2008) from Council Chair Jay Furfaro,
requesting that the Administration be present to provide an update on the
Department of Personnel Services' policies on recruitment, hiring, and retention
plan: Received for the record.
LEGAL DOCUMENTS:
C 2009-51 Communication (01/02/09) from the County Treasurer,
requesting Council approval to indemnify Alert Alarm of Hawaii for repair and
maintenance contracts (approval of "limitation to liability" as requested in item no.
4 of the following contracts):
• Contract No. 7902; and
• Contract No. 7903
Approved.
Bernard P. Carvalho, Jr., Mayor
January 15, 2009
Page 5 of 6
C 2009-52 Communication (12/08/2008) from the Executive on
Transportation, Transportation Agency, transmitting for Council approval and
recommendation to indemnify the landowner to establish bus stops on their
property as follows:
• Right-of-Entry Agreement by and between U.S. Navy Pacific Missile Range
Facility (PMRF) and the County of Kauai for the Kauai Bus to establish a
bus stop for picking up and dropping off of passengers on their premises
limited to the parking lot area:
Approved.
CLAIMS:
C 2009-53 Communication (12/10/2008) from the County Clerk,
transmitting a claim filed against the County of Kauai by Demetria King of State
Farm Insurance as subrogee for Alec and Agnes Blackstad for damages to their
vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Referred to
the County Attorney's Office for disposition and report back to the Council.
C 2009-54 Communication (12/31/2008) from the County Clerk,
transmitting a claim filed against the County of Kauai by Thomas E. Niedfeldt for
business expenses incurred, pursuant to Section 23.06, Charter of the County of
Kauai: Referred to the County Attorney's Office for disposition and report
back to the Council.
COMMITTEE REPORT: APPROVED.
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2298 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT
VACATION RENTALS: Referred to the Planning Commission for
recommendation.
Proposed Draft Bill No. 2299 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Appropriation of $40,203 from the
General Fund to Building Lease, Fire): Approved on first reading, schedule
public hearing for February 11, 2009 at 1:30 p. m. at the Council Chambers,
Historic County Building, Lihue, Kauai, and thereafter referred to the
Budget & Finance Committee.
Bernard P. Carvalho, Jr., Mayor
January 15, 2009
Page 6 of 6
Proposed Draft Bill No. 2300 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($833,696 from the
County's General Fund to the Golf Fund of $233,405 and Sewer Fund of $600,291):
Approved on first reading, schedule public hearing for February 11, 2009 at
1:30 p. m. at the Council Chambers, Historic County Building, Lihue,
Kauai, and thereafter referred to the Budget & Finance Committee.
Proposed Draft Bill No. 2301 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-673 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1,
2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Work Force
Initiative (Fishbowl) Project): Approved on first reading, schedule public
hearing for February 11, 2009 at 1:30 p, m. at the Council Chambers,
Historic County Building, Lihue, Kauai, and thereafter referred to the
Budget & Finance Committee.
BILLS FOR SECOND READING:
Bill No. 2294, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rentals):
Approved as amended.
Thank you for following up as appropriate, including confidential routing to any
appropriate parties, and please do not hesitate to contact me or Council Services
staff if you need further information. Please note that this memo presents a
summary of the action taken, and reference should be made to the official minutes
for a complete record.
RW/lki
copy: Council
via e-mail: County Attorney (via Joy Goto)
Leonard Rapozo, Jr., Director of Parks & Recreation
Alvin Honda, Budget Administrator (Finance Dept.)
Clint Saiki, Fiscal Management Officer (Public Works Dept.)
Lynn Kuboyama, Fiscal Officer (Dept. of Parks & Recreation)
Cathy Simao, Private Secretary (Dept. of Parks & Recreation)
Staff