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Home My WebLink About 12/17/2009 12/16/2009 Council meeting follow-up letterCOUNTY COUNCIL OFFICE OF THE COUNTY CLERK Bill "Kaipo" Asing, Chair Jay Furfaro, Vice Chair Peter A. Nakamura, County Clerk Tim Bynum Dickie Chang Telephone (808) 241-6371 Daryl W. Kaneshiro Fax (808) 241-6349 Lani T. Kawahara Email cokcouncil@kauai.gov Derek S. K. Kawakami Council Services Division 4396 Rice Street, Room 206 Lihue, Kauai, Hawaii 96766-1371 MEMORANDUM December 17, 2009 TO: Bernard P. Carvalho Jr., Mayor FROM: Bill "Kaipo" Asing, Council Chair SUBJECT: DECEMBER 16, 2009, COUNCIL MEETING This is to inform you of the action taken by the Council at its December 16, 2009 Council meeting and any follow-up that was requested: COMMUNICATIONS: C 2009-388 Communication (08/28/2009) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council information the Final Report from the Mayor's Advisory Committee on Landfill Site Selection (MACES), dated May 2009. (Received for the record.) C 2009-389 Communication (10/01/2009) from John Holt, President of RC Holsinger Associates, P.C., requesting agenda time to present the Audited Financial and Single Audit Statements of the County of Kauai for Fiscal Year 2008-2009. (Received for the record.) C 2009-390 Communication (10/30/2009) from the Environmental Services Management Engineer, Department of Public Works, requesting Council approval of the September 2009 Integrated Solid Waste Management Plan (ISWMP Update). (Received for the record.) C 2009-391 Communication (11/23/2009) from the Manager and Chief Engineer of the Department of Water, transmitting for Council information the Department of Water's Quarterly Financial Reports as of September 30, 2009, as per County Charter, Section 17.03A. (Received for the record.) C 2009-392 Communication (11/27/2009) from the Director of Finance, transmitting for Council information Period 4 Financial Reports - Statement of Revenues as of October 31, 2009. (Received for the record.) Council Meeting Follow-Up Memo to the Mayor December 17, 2009 Page Two C 2009-393 Communication (12/04/2009) from the Mayor's Executive Assistant, requesting Council consideration and confirmation of the following appointments and reappointments to various Boards and Commissions for the County of Kauai: (1) Board of Review (Real Property) Lisa Wilson - Filling an unexpired term ending 12/31/2010 Russell Kyono - Filling an unexpired term ending 12/31/2011 (2) Board of Water Supply Roy Asao Oyama - 2nd complete term ending 12/31/2012 (3) Board of Appeals (Building) Dennis Aquino - Filling an unexpired term (Fire background) ending 12/31/2011 Gerald Nakasone - 1st complete term (At-large member) ending 12/31/2012 (4) Board of Ethics Warren Perry - 1st complete term ending 12/31/2012 Brad Nagano - 1st complete term ending 12/31/2012 (5) Charter Review Commission Mary Lou Barela - 1st complete term ending 12/31/2012 Jan W. Tenbruggencate - 1st complete term ending 12/31/2012 Charles Patrick Stack - Filling an unexpired term ending on 12/31/2010 (6) Civil Service Commission Roy Morita - 1st complete term ending 12/31/2012 (7) Cost Control Commission Lawrence Chaffin, Jr. - Filling an unexpired term ending 12/31/2010 Dirk Apao - 1st complete term ending 12/31/2012 Russell Wong - 1st complete term ending 12/31/2012 (8) Liquor Control Commission Gerald Shigemi Matsunaga - 2nd complete term ending 12/31/2012 (See Resolution No. 2009-78) (9) Planning Commission Camilla Chieko Matsumoto - 2nd complete term (At-large member) ending 12/31/2012 (10) Police Commission Rowena Tachibana - 2nd complete term ending 12/31/2012 (11) Salary Commission Charles King - Filling an unexpired term ending 12/31/2011 Sheri Kunioka-Volz - Filling an unexpired term ending 12/31/2010 (Received for the record.) Council Meeting Follow-Up Memo to the Mayor December 17, 2009 Page Three C 2009-394 Statement of Condition of the County Treasury as of September 10, 2009. (Refer to the Budget & Finance Committee on January 13, 2010.) C 2009-395 Communication (12/09/2009) from Vice Chair Jay Furfaro, transmitting a written follow-up to his oral declarations at the November 25, 2009 and December 9, 2009 Public Works/Elderly Affairs Committee Meetings of a possible conflict of interest regarding Bill No. 2332 because he is on the Board of Directors for Habitat for Humanity, and will abstain from voting and recuse himself from this item. (Received for the record.) C 2009-396 Communication (12/10/2009) from Derek S. K. Kawakami, Chair, Public Safety/Energy/Intergovernmental Relations Committee, requesting the Administration's presence at the December 16, 2009, County Council meeting for a discussion of possible projects, bills, and/or other issues to be addressed as part of the County of Kauai 2010 Legislative Package. (Approved.) C 2009-397 Communication (11/16/2009) from the Executive on Aging, requesting Council approval to receive and expend the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) for Medicare outreach and assistance for Medicare Part D, Low Income Subsidy (LIS) and Medicare Savings Programs (MSP) grant, and indemnify the State Executive Office on Aging, in the amount of $3,464.00, to cover funding from November 15, 2009 through May 31, 2011. (Approved.) C 2009-398 Communication (11/23/2009) from the Environmental Services Management Engineer, Department of Public Works, requesting Council approval to accept a donation of approximately 200 cubic yards of cold plane paving material from Grace Pacific Corporation valued at $12,650.00, for use at the new Kekaha Redemption Center site. (Approved with thank-you letter to follow.) C 2009-399 Communication (12/02/2009) from the Director of Parks and Recreation, requesting Council approval of the Hoolokahi grant application from the Hanapepe Youth Baseball Association for $6,500 to purchase and erect two (2) new batting cages, four (4) safety nets, and to relocate one (1) existing batting cage at Hanapepe Kato Field in Hanapepe. (Approved.) C 2009-380 Communication (08/31/2009) from the Director of Finance, requesting Council approval to write-off thirty-one (31) finalled (inactive) sewer accounts and one (1) finalled sludge account totaling an uncollectible delinquent amount of $63,457.78, pursuant to Kauai County Code Section 25-14.3. (Approved.) Council Meeting Follow-Up Memo to the Mayor December 17, 2009 Page Four LEGAL DOCUMENT: C 2009-400 Communication (11/13/2009) from the Director of Housing, recommending Council approval for Consent to Assignment re: the Pakui Housing Program Subrecipient Funding Agreement, Contract No. 4752, dated February 7, 1994 between the Association of Retarded Citizens of Kauai dba The Arc of Kauai and the County, wherein The Arc of Kauai desires to assign the contract to Easter Seals Hawaii, a Hawaii nonprofit corporation. • Consent to Assignment (Pakui Housing Program Subrecipient Funding Agreement) (Approved.) C 2009-401 Communication (11/23/2009) from the Director of Housing, recommending Council approval of the County's ACRAnet recertification with indemnity provisions, to obtain credit reports on County Housing mortgage loan participants, and to request the County Clerk's signature. • ACRAnet Client Recertification for the Kauai County Housing Agency (Approved.) • ACRAnet Client Service Agreement - Mortgage Reporting ("Agreement"), by and between Kauai County Housing Agency and ACRAnet, Inc. a Nevada Corporation. (Approved.) CLAIMS: C 2009-402 Communication (11/24/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Joanne Elizabeth Bellis for damage 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 2009-403 Communication (12/4/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Sarah M. Reyes for loss of liberty and personal property, embarrassment and humiliation, and false arrest, 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 REPORTS: Approved. RESOLUTIONS: Resolution No. 2009-71, RESOLUTION ADOPTING THE INTEGRATED SOLID WASTE MANAGEMENT PLAN UPDATE FOR THE COUNTY OF KAUAI (Public Hearing scheduled for January 21, 2010, and thereafter referred to the Public Works/Elderly Affairs Committee.) Resolution No. 2009-72, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Mary Lou Barela, First Term) (Approved.) Resolution No. 2009-73, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Jan W. Tenbruggencate, First Term) (Approved.) Council Meeting Follow-Up Memo to the Mayor December 17, 2009 Page Five Resolution No. 2009-74, RESOLUTION AMENDING RESOLUTION NO. 2008-07 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE CHARTER REVIEW COMMISSION (Charles Patrick Stack, Partial Term, replacing Matilda Yoshioka) (Approved.) Resolution No. 2009-75, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Rowena Tachibana, Second Term) (Deferred.) Resolution No. 2009-76, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Camilla Chieko Matsumoto, Second Term, At-Large) (Deferred.) Resolution No. 2009-77, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Roy Asao Oyama, Second Term) (Deferred.) Resolution No. 2009-78, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gerald Shigemi Matsunaga, Second Term) (Deferred.) BILLS FOR SECOND READING: Bill No. 2337, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, RELATING TO LIMITATION OF TAXES ON PROPERTY USED FOR LONG TERM AFFORDABLE RENTAL: (Approved.) Bill No. 2338 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-G91, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING PROJECT DESCRIPTION IN THE GENERAL FUND (Affordable Housing - $1,000,000.00): (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. Copy: Council Via e-mail: County Attorney (via Joy Goto) County Engineer (via Mari Chan) Eve Domingcil (Fire Department) Leonard Rapozo, Jr., Director of Parks & Rec. (Dept. of Parks & Rec.) Alvin Honda, Budget Administrator (Finance Dept.) Rhonda Lizama, Private Secretary (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