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HomeMy WebLinkAbout 03/25/2009 03/25/2009 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 March 25, 2009 TO: BERNARD P. CARVALHO, JR., MAYOR FROM: BILL "KAIPO" ASING, COUNCIL CHAIR SUBJECT: MARCH 25, 2009 COUNCIL MEETING This is to inform you of the action taken by the Council at its March 25, 2009 Council meeting and any follow-up that was requested: C 2009-115 Communication (02/27/2009) from the Housing Director, transmitting for Council action a Resolution to authorize the filing of the 2009 Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) and to appropriate funding for the 2009 Community Development Block Grant (CDBG) program: Received for the record. C 2009-116 Communication (03/02/2009) from the Mayor, transmitting a request to appropriate $500,000 from the surplus and appropriations estimated in the General Fund to a Kauai Visitors Bureau Economic Stimulus Grant which will help facilitate the first phase of a program that would bring additional visitors to Kauai between June and December 2009: Received for the record. C 2009-117 Communication (03/03/2009) from the Director of Finance, transmitting for Council information the Period 7 Financial Reports - Statement of Revenues as of January 31, 2009: Received for the record. C 2009-118 Communication (03/03/2009) from the Director of Finance, transmitting a request to appropriate $300,000 from the available surplus and appropriations estimated in the General Fund to the Office of the County Attorney's Consultant Services-Special Counsel account for a shortfall of anticipated expenses associated with litigation and outstanding special counsel fees and costs: Received for the record. C 2009-119 Communication (03/13/2009) from the Mayor, transmitting for Council consideration an amendment to the Cost Control Commission's recommendations to amend Chapter 19, Article 3, subsection 19-3.2 of the Kauai Bernard P. Carvalho, Jr., Mayor March 25, 2009 Page 2 of 6 County Code 1987, relating to increasing the playing and driving range ball token fees at the Wailua Golf Course effective July 1, 2009: Received for the record. C 2009-120 Communication (03/13/2009) from the Director of Finance, transmitting for Council consideration amendments to the solid waste tipping fee for commercial waste accepted at the Kekaha Landfill from $80 per ton to $90 per ton, effective July 1, 2009: Received for the record. C 2009-121 Communication (03/13/2009) from the Mayor, transmitting his Fiscal Year (FY) 2009-2010 Budget Message, along with his proposed Operating Budget, Capital Improvements Budget, and Real Property Tax Rates: Received for the record. C 2009-122 Communication (03/19/2009) from the Mayor, transmitting for Council approval a Resolution entitled, "County of Kauai, Hawaii, Fiscal Year 2010 Federal Agenda," as the official Federal Agenda for the County of Kauai for the federal Fiscal Year 2010 appropriations process during calendar year 2009: Received for the record. C 2009-123 Communication (03/06/2009) from the Fire Chief, requesting Council approval to accept the donation of a jet-ski, trailer, cover and other jet-ski incidentals valued at $13,110 from David and Gina Moore to be stationed at the Hanalei Fire Station: Approved with thank you letter. C 2009-124 Communication (03/12/2009) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend a Federal Transit Administration (FTA) Section 5311 and 5311(b)(2) Rural Transit Assistance Program (RTAP) grant for operational, administrative and training expenses for the County Transportation Agency in the amounts of $526,853 and $10,230, respectively: Approved. C 2009-125 Communication (03/12/2009) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend an American Recovery and Reinvestment Act of 2009, 49 U.S.C. Section 5340 Growing States and High Density States Formula program grant for transit capital assistance to the County Transportation Agency in the amount of $977,812: Approved. C 2009-126 Communication (03/19/2009) from the Chief of Police, requesting Council approval to apply for, accept, indemnify, and expend grant funds appropriated by the U.S. Department of Justice, Office of Community Oriented Policing Services under the COPS Hiring Recovery Program to hire four (4) Bernard P. Carvalho, Jr., Mayor March 25, 2009 Page 3 of 6 additional Officers for approved entry-level salaries and benefits for three (3) years in which the grant will cover approximately $980,352.00 and the County's obligation will be approximately $195,265.00: Approved. C 2009-127 Communication (03/19/2009) from the Director of Parks & Recreation, requesting Council approval to apply for, receive, and expend funds of $700,000 from the National Oceanic and Atmospheric Administration (NOAA) Coastal and Estuarine Land Conservation Program (CELCP) Grant for land acquisition of Lot 49 (TMK: (4)-5-5-001:011) adjacent to Black Pot Park: Approved. LEGAL DOCUMENT: C 2009-128 Communication (02/24/2009) from the Chief of Wastewater, requesting Council approval of two (2) agreements that collectively provide for the development of the "R-1 Upgrade Project" for the Lihue Wastewater Treatment Plant (WWTP) which involves a partnership with Kauai Lagoons, LLC: 1) Amendment to Agreement Regarding STP Effluent (Contract No. 6582) by and between Kauai Lagoons LLC and the County of Kauai. 2) Lihue Wastewater Treatment Plant Effluent Upgrade Agreement by and between Kauai Lagoons LLC and the County of Kauai: Approved. CLAIMS: C 2009-129 Communication (03/05/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Darlene Walker for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Referred to the County Attorney's Office for disposition and/or report back to the Council. C 2009-130 Communication (03/06/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by James T. Jasper II relating to the Decision and Order filed in Jasper v. Liquor Control Commission of the County of Kauai, Civ. No. 08-1-0187, Circuit Court of the Fifth Circuit, State of Hawaii, pursuant to Section 23.06, Charter of the County of Kauai: Referred to the County Attorney's Office for disposition and/or report back to the Council. C 2009-131 Communication (03/06/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by James T. Jasper II dba Primo Pub relating to the Decision and Order filed in Jasper v. Liquor Control Commission of the County of Kauai, Civ. No. 09-1-0004, Circuit Court of the Fifth Circuit, State of Hawaii, pursuant to Section 23.06, Charter of the County of Bernard P. Carvalho, Jr., Mayor March 25, 2009 Page 4 of 6 Kauai: Referred to the County Attorney's Office for disposition and/or report back to the Council. C 2009-132 Communication (03/16/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by CRS (Claims Resource Services) for The Hartford as subrogee for Richard Shigematsu for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Referred to the County Attorney's Office for disposition and/or report back to the Council. COMMITTEE REPORT: APPROVED. RESOLUTIONS: Resolution No. 2009-31 - RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2009 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED: Deferred. Resolution No. 2009-32 - RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010 FOR THE COUNTY OF KAUAI: Schedule public hearing for May 6, 2009 at 5:00 p. m. at the Council Chambers, Historic County Building, Lihue, Kauai, and thereafter referred to the Budget & Finance Committee. Resolution No. 2009-33 - RESOLUTION TO ADOPT A FEDERAL AGENDA FOR THE FISCAL YEAR 2010: Approved. BILLS FOR FIRST READING: Proposed Draft Bill No. 2306 - 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 ($500,000-Kauai Visitors Bureau Economic Stimulus Grant): Approved on first reading, schedule public hearing for April 22, 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 March 25, 2009 Page 5 of 6 Proposed Draft Bill No. 2307 - 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 APPROPRIATION ESTIMATED IN THE GENERAL FUND ($300,000-Consultant Services-Special Counsel): Approved on first reading, schedule public hearing for April 22, 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. 2308 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, SUBSECTION 19-3.2 (b) AND SUBSECTION 19-3.2 (i) OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INCREASING THE PLAYING AND DRIVING RANGE BALL TOKEN FEES AT THE WAILUA GOLF COURSE: Approved on first reading, schedule public hearing for April 22, 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. 2309 - A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE, 1987 RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: Approved on first reading, schedule public hearing for April 22, 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. 2310 - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010: Approved on first reading, schedule public hearing for May 6, 2009 at 5:00 p. m. at the Council Chambers, Historic County Building, Lihue, Kauai, and thereafter referred to the Budget & Finance Committee. Proposed Draft Bill No. 2311 - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010: Approved on first reading, schedule public hearing for May 6, 2009 at 5:00 p. m. at the Council Chambers, Historic County Building, Lihue, Kauai, and thereafter referred to the Budget & Finance Committee. Bernard P. Carvalho, Jr., Mayor March 25, 2009 Page 6 of 6 BILLS FOR SECOND READING: 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): Deferred. 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) County Engineer (via Mari Chan) 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