HomeMy WebLinkAbout 01/29/2009 01/28/2009 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 29, 2009
TO: BERNARD P. CARVALHO, JR., MAYOR
FROM: BILL "KAIPO" ASING, COUNCIL CHAIR
SUBJECT: JANUARY 28, 2009 COUNCIL MEETING
This is to inform you of the action taken by the Council at its January 28, 2009
Council meeting and any follow-up that was requested:
C 2009-55 Communication (09/11/2008) 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:
• Department of Public Works, Position No. 1930 and Position No. 1931
(Present Class of Equipment Operator III to Landfill Operator III)
• Department of Water, Position No. 2439 (Redescription Review of Equipment
Operator II)
• Office of the County Attorney, Position No. 126 (Present Class of Legal Clerk
III to Legal Clerk I):
Received for the record.
C 2009-56 Communication (12/04/2008) from Councilmember Daryl W.
Kaneshiro, requesting that the Administration be present to give an update on the
County's Habitat Conservation Plan which should address the steps that need to be
taken in dealing with Shearwaters: Received for the record.
C 2009-57 Communication (12/30/2008) from the Mayor, transmitting for
Council confirmation, his re-appointments of the following:
Richard Koenig, Jr. Board of Review (RPT) Second Term
Sherman Shiraishi Charter Review Commission Second Term
Lorna Nishimitsu Cost Control Commission Second Term
Sandy Sterker Cost Control Commission Second Term
Wayne Mukai Fire Commission Second Term
George Simpson Fire Commission Second Term
Clifford Nakea Liquor Control Commission Second Term
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 2 of 8
Thomas Iannucci Police Commission Second Term
Alfred Nebre Police Commission Second Term
Randy Hee Salary Commission Second Term
Tom Cooper Salary Commission Second Term
Trinette Kaui Salary Commission Second Term
Received for the record.
C 2009-58 Communication (12/30/2008) from the Mayor, transmitting for
Council confirmation, his appointments of the following:
Rolf Bieber Board of Ethics Partial Term
Paul Weil Board of Ethics First Term
Sonny Gerardo Board of Review (RPT) First Term
Craig DeCosta Board of Review (RPT) First Term
Carol Ann Davis Charter Review Commission Partial Term
Carol Suzawa Charter Review Commission First Term
Cathy Adams Civil Service Commission First Term
Gary Pacheco Liquor Control Commission First Term
Hartwell Blake Planning Commission First Term
Charles Iona Police Commission First Term
Received for the record.
C 2009-59 Communication (01/02/2009) from the Purchasing & Assistant
Contracts Administrator, transmitting for Council information, the Fiscal Year
08/09 Second Quarter Statement of Equipment Purchases: Received for the
record.
C 2009-60 Communication (01/05/2009) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Building
Permit Information Reports for December 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 2009-61 Communication (01/12/2009) from the County Engineer,
transmitting a request to transfer $900,000 from the County's General Fund (CIP)
to the New Kapaa/Kealia Fire Station for construction for an off-site waterline:
Received for the record.
C 2009-62 Communication (01/15/2009) from Council Vice Chair Jay
Furfaro, requesting that the Administration be present to give an update on the
County's efforts to address the hazardous conditions at Queen's Bath and the path
easement: Deferred.
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 3 of 8
C 2009-63 Communication (01/15/2009) from Council Vice Chair Jay
Furfaro, requesting that the Administration be present to give an update and
overview of the Kilauea Agricultural Park Project which should include, but not be
limited to, the work/recommendations prepared by the project's consultants,
projected cost of the infrastructure improvements, plan for financing the
improvements, projected timeline for the different phases of the project, etc.:
Deferred.
C 2009-64 Communication (01/20/2009) from Jennifer Luck, Executive
Director, Kauai Public Land Trust, seeking $2,000,000 in funds from the County of
Kauai to acquire a parcel adjacent to Black Pot Park in Hanalei which is currently
owned by Mr. John Hodge (Tax Map Key No. 4-5-5-001:011): Received for the
record.
C 2009-65 Communication (01/21/2009) from Councilmember Tim Bynum,
transmitting a resolution to urge the Governor of the State of Hawaii and the State
Legislature to continue funding and restoring full funding for the Hawaii Healthy
Start (HHS) program: Received for the record.
C 2009-66 Communication (12/17/2008) from the Chief of Police, requesting
Council approval to accept a $500 monetary donation from Mrs. Clorinda
Nakashima to express her gratitude for the Department's response to her call on
September 15, 2008 which funds will be used for the KPAL program: Approved
with thank you letter.
C 2009-67 Communication (12/17/2008) from the Chief of Police, requesting
Council approval to indemnify service agreements with Lexis Nexus (Accurrint for
Law Enforcement), Experian (Credit Profile Report), and Locate Plus (Entersect
Police On Line) to access their online databases which will facilitate the background
and missing persons investigation process: Approved.
C 2009-68 Communication (01/12/2009) from the Treasurer, Department of
Finance, requesting Council approval to receive and expend approximately $7,099
for computerization (a dedicated server, operating system, virus protection, etc.) to
support two (2) Automated Driver License Testing System (ADLTS) kiosks, from
the Department of Transportation for commercial driver testing purposes:
Approved.
C 2009-69 Request (01/16/2009) from the Office of the County Attorney
requesting approval to expend up to an additional $75,000 for special counsel's
continued representation in Dominador Lopez et al. v. County of Kauai and Danilo
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 4 of 8
Abadilla, Civ. No. 06-00325 JMS/KSC (U.S. District Court, District of Hawaii) and
related matters: Approved.
C 2009-70 Request (01/16/2009) from the Office of the County Attorney for
authorization to expend funds up to $25,000 to retain special counsel to represent
County of Kauai in Debra Santiago as Next Friend for Sienna Santiago, A. Minor, v.
County of Kauai, et al., Civ. No. 08-1-0210 (Fifth Circuit Court) and related
matters: Approved.
C 2009-71 Communication (01/20/2009) from the Prosecuting Attorney,
requesting Council approval for the Director of Finance to create a new Operating
Account for Collection and Expenditure of Discovery Document Billing Fees to offset
various operating expenses (such as paper, copy machine toner, etc.) as of January
1, 2009: Received for the record.
LEGAL DOCUMENTS:
C 2009-72 Communication (01/06/09) from the Executive on
Transportation, requesting Council approval to indemnify Central Pacific Bank for
the acceptance of fees from the County's armored car service provider:
• Armored Car Messenger Service Agreement to Deliver Bags to and from
Central Pacific Bank with Elyte Pacific Services:
Approved.
C 2009-73 Communication (01/15/2009) from the Mayor, requesting
Council approval to obtain a portion of KMN LLC, Hawaii Limited Liability
Company, for roadway widening (TMK (4) 4-1-006:016) as follows:
• Dedication Deed from KMN LLC, Hawaii Limited Liability Company to the
County of Kauai which conveys a roadway lot (Lot 19-C) for roadway
widening purposes.
• Addendum to Dedication Deed from KMN LLC, Hawaii Limited Liability
Company to the County of Kauai which also includes removing or altering
any encroachments that may exist on Lot 19-C:
Approved.
CLAIMS:
C 2009-74 Communication (01/12/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Lydia Carveiro for
medical expenses, 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.
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 5 of 8
C 2009-75 Communication (01/14/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Marv Rohrer for property
damage, theft and burglary losses, travel expenses, and loss of salary, 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 REPORTS: APPROVED.
RESOLUTIONS:
Resolution No. 2009-06, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF REVIEW (Richard Koenig, Jr., Second
Term): Approved.
Resolution No. 2009-07, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION (Sherman
Shiraishi, Second Term): Approved.
Resolution No. 2009-08, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION (Lorna A.
Nishimitsu, Second Term): Approved.
Resolution No. 2009-09, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION (Sandy Sterker,
Second Term): Approved.
Resolution No. 2009-10, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Wayne Mukai, Second Term):
Approved.
Resolution No. 2009-11, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (George Simpson, Second Term):
Approved.
Resolution No. 2009-12, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Clifford L.
Nakea, Second Term): Approved.
Resolution No. 2009-13, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Thomas Iannucci, Second
Term): Approved.
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 6 of 8
Resolution No. 2009-14, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Alfred Nebre, Jr., Second
Term): Approved.
Resolution No. 2009-15, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE SALARY COMMISSION (Randy J. Hee, Second
Term): Approved.
Resolution No. 2009-16, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE SALARY COMMISSION (Tom Cooper, Second Term):
Approved.
Resolution No. 2009-17, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE SALARY COMMISSION (Trinette P. Kaui, Second
Term): Approved.
Resolution No. 2009-18, RESOLUTION AMENDING RESOLUTION
NO. 2007-49, AS AMENDED BY RESOLUTION NO. 2008-05, TO REPLACE AND
CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE BOARD
OF ETHICS (Rolf Bieber, Partial Term): Approved.
Resolution No. 2009-19, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF ETHICS (Paul Weil, First Term):
Approved.
Resolution No. 2009-20, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF REVIEW (Cayetano "Sonny" Gerardo, First
Term): Approved.
Resolution No. 2009-21, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF REVIEW (Craig DeCosta, First Term):
Approved.
Resolution No. 2009-22, RESOLUTION AMENDING RESOLUTION
NO. 2007-65, TO REPLACE AND CONFIRM THE APPOINTMENT OF A
MAYORAL APPOINTEE TO THE CHARTER REVIEW COMMISSION (Carol Ann
Davis, Partial Term): Deferred pending interview.
Resolution No. 2009-23, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Carol Suzawa,
First Term): Approved.
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 7 of 8
Resolution No. 2009-24, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Catherine A. Adams,
First Term): Approved as amended.
Resolution No. 2009-25, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gary Pacheco,
First Term): Approved.
Resolution No. 2009-26, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Hartwell Blake, First
Term): Approved.
Resolution No. 2009-27, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Charles Iona, First Term):
Deferred pending interview.
Resolution No. 2009-28, RESOLUTION TO URGE THE GOVERNOR OF
THE STATE OF HAWAII AND THE STATE LEGISLATURE TO CONTINUE
FUNDING AND RESTORE FULL FUNDING FOR THE HAWAII HEALTHY
START PROGRAM: Approved.
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2302 - 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 ($900,000-New
Kapaa/Kealia Fire Station Off-Site Waterline): Approved on first reading,
public hearing scheduled for February 25, 2009, and thereafter referred to
the Budget & Finance Committee.
BILLS FOR SECOND READING:
Bill No. 2297 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO KULEANA LAND:
Approved.
Bill No. 2296, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
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
Bernard P. Carvalho, Jr., Mayor
January 29, 2009
Page 8 of 8
AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Police
Department: $65,000 for Consultant Services and $20,000 for Advertising):
Approved.
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