HomeMy WebLinkAbout05/27/2010 05/26/2010 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 Eduardo Topenio, Jr., Deputy County Clerk
Dickie Chang
Daryl W. Kaneshiro Telephone (808) 241-4188
Lani T. Kawahara Fax (808) 241-6349
Derek S. K. Kawakami Email cokcouncil@kauai.gov
Council Services Division
3371-A Wilcox Road
Lihue, Kauai, Hawaii 96766
MEMORANDUM
May 27, 2010
TO: Bernard P. Carvalho, Jr., Mayor
FROM: Bill "Kaipo" Asing, Council Chair
SUBJECT: MAY 26, 2010 COUNCIL MEETING
This is to inform you of the action taken by the Council at its May 26, 2010
Council meeting and any follow-up that was requested:
COMMUNICATIONS:
C 2010-130 Communication (05/07/2010) from the Mayor, submitting his
supplemental budget communication for Fiscal Year 2010-2011 and proposed
amendments to the budget bills, pursuant to Section 19.02A of the Kauai County
Charter. (Received for the record.)
C 2010-131 Communication (05/04/2010) from the Director of Planning,
transmitting the Planning Commission's recommendations to amend Chapter 8 of
the Kauai County Code, as amended, relating to the Comprehensive Zoning
Ordinance and Single Family Transient Vacation Rentals (see also Proposed Draft
Bill No. 2355). (Received for the record.)
C 2010-132 Communication (05/11/2010) from Councilmember Daryl W.
Kaneshiro, providing written disclosure of a possible conflict of interest and his
recusal on Bill No. 2339 (CZO/Open District amendments to development
standards) as he owns property located in the Open District. (Received for the
record.)
C 2010-133 Communication (05/12/2010) from Councilmember Daryl W.
Kaneshiro, providing written disclosure of a possible conflict of interest in regards
to Bill No. 2318 (CZO Amendments to Permit Farm Worker Housing) because he
owns property located in the Agriculture District. (Received for the record.)
C 2010-134 Communication (05/14/2010) from Vice Chair Jay Furfaro,
transmitting for Council consideration, a Resolution to request that the Mayor
consider including the County Council in the implementation of the Kauai Energy
Sustainability Plan (KESP) by including the Chairs of the various Council
Committees to work on developing the implementation plan and creating policy to
support the Kauai Energy Sustainability Plan. (Received for the record.)
Council Meeting Follow-Up Memo to the Mayor
May 27, 2010
Page 2
C 2010-135 Communication (04/27/2010) from the Fire Chief, requesting
Council approval to apply for, receive, and expend the 2010 Department of Interior
Rural Fire Assistance Grant of $7,115.00 to purchase wildland firefighting hoses
and nozzles, to which the County's 10% cost share requirement will be fulfilled with
in-kind services. (Approved.)
C 2010-136 Communication (05/03/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend the FY 2009 Edward
Byrne Memorial Justice Assistance Grant (JAG) of $105,000.00 for the continuation
of the Drug Prosecution Unit, and to indemnify the State of Hawaii, Department of
the Attorney General. (Approved.)
C 2010-137 Communication (05/03/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend the FY 2009 Edward
Byrne Memorial Justice Assistance Grant (JAG) of $128,000.00 for the continuation
of the Domestic Violence Prosecution Unit, and to indemnify the State of Hawaii,
Department of the Attorney General. (Approved.)
C 2010-138 Communication (05/03/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend the FY 2009 Edward
Byrne Memorial Justice Assistance Grant (JAG) of $110,000.00 for the
implementation of the Community Prosecution Unit, and to indemnify the State of
Hawaii, Department of the Attorney General. (Approved.)
C 2010-139 Communication (05/03/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend the FY 2009 Edward
Byrne Memorial Justice Assistance Grant (JAG) of $134,000.00 for the continuation
of the Property Crime Prosecution Unit, and to indemnify the State of Hawaii,
Department of the Attorney General. (Approved.)
C 2010-140 Communication (05/03/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend the FY 2009 Edward
Byrne Memorial Justice Assistance Grant (JAG) of $57,500.00 for the
implementation of a Firearms Prosecution Unit, and to indemnify the State of
Hawaii, Department of the Attorney General. (Approved.)
C 2010-141 Communication (05/10/2010) from the Fire Chief, requesting
Council approval to expend $15,000.00 from the department's salaries account to
purchase health & wellness and training equipment for the new Kaiakea Fire
Station. (Approved.)
LEGAL DOCUMENT:
C 2010-142 Communication (04/01/2010) from the Director of Parks and
Recreation, requesting Council approval to secure a shared-use path easement
located on the parcel identified by Tax Map Key 4-4-3-02:12 to provide safe access
along Papaloa Road as part of the Lydgate to Kapaa Bike/Pedestrian Path.
• Grant of Easement by and between Niu Pia Land Company, Ltd., a
Hawaii corporation (Grantor) and County of Kauai (Grantee) and
Consolidated Maui, Inc., a Hawaii corporation, (Lessee), conveying
Easement Y, a perpetual non-exclusive easement for a bike and
pedestrian shared-use path for public access purposes.
(Approved.)
Council Meeting Follow-Up Memo to the Mayor
May 27, 2010
Page 3
C 2010-143 Communication (05/05/2010) from the Mayor, requesting
Council approval of a Dedication Deed conveying an interior roadway and a
pedestrian accessway as follows:
• Dedication Deed by the Self-Help Housing Corporation of Hawaii
(Grantor) conveying to the County of Kauai (Grantee) Lot 1900 and Lot
1901, Puhi Self-Help Housing Subdivision, for roadway purposes.
(Approved.)
C 2010-144 Communication (05/14/2010) from the Director of Housing,
requesting Council approval of the Fourth Amended Agreement (Kauai Lagoons
Affordable Housing Ordinance No. PM-2006-383) to assist the sale of Kamamalu
Condominium units, and to authorize the County Clerk to execute this Fourth
Amended Agreement.
• Fourth Amended Agreement (Kauai Lagoons Affordable Housing)
(Approved.)
CLAIMS:
C 2010-145 Communication (05/03/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Barbara Schweitzer for
vehicle damage, 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 2010-146 Communication (05/19/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Lihue Court Townhomes
Corporation for real property tax adjustment, 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. 2010-33, Draft 1, RESOLUTION ESTABLISHING THE
REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2010 TO
JUNE 30, 2011 FOR THE COUNTY OF KAUAI (Approved.)
Resolution No. 2010-34, RESOLUTION AUTHORIZING THE
ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR
PUBLIC USE, TO WIT: THE PEDESTRIAN AND BICYCLE PATH WHICH
CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT WAIPOULI,
DISTRICT OF KAWAIHAU, COUNTY OF KAUAI, HAWAII, AND
DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN (Deferred with an executive session to be
scheduled.)
Resolution No. 2010-35, RESOLUTION REQUESTING THE MAYOR TO
CONSIDER INCLUDING THE COUNCIL OF THE COUNTY OF KAUAI IN THE
IMPLEMENTATION OF THE KAUAI ENERGY SUSTAINABILITY PLAN
(Deferred.)
Council Meeting Follow-Up Memo to the Mayor
May 27, 2010
Pagc 4
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2355 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Received for the record.)
Proposed Draft Bill No. 2364 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Approved on first reading, public
hearing scheduled for June 23, 2010, and thereafter referred to the
Planning Committee.)
BILLS FOR SECOND READING
Bill No. 2318, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (Deferred.)
Bill No. 2348, Draft 1 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, ARTICLE 3, SECTION 19-3.2 AND SECTION 19-3.3 OF THE
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PLAYING FEES
AND REGULATION OF PLAY AT THE WAILUA GOLF COURSE (Approved as
amended to Bill No. 2348, Draft 2.)
Bill No. 2350, Draft 1 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING
DESIGNATION IN WAIMEA, KAUAI (C. Ahko Inc., et al., Applicant)
(Approved.)
Bill No. 2356, Draft 1 - A BILL FOR AN ORDINANCE RELATING TO THE
OPERATING BUDGET AND FINANCING THEREOF THE FISCAL YEAR
JULY 1, 2010 TO JUNE 30, 2011 (Approved.)
Bill No. 2357, Draft 1 - A BILL FOR AN ORDINANCE RELATING TO
CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2010 TO JUNE 30, 2011 (Approved.)
Bill No. 2358 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS
AT SPOUTING HORN (Approved.)
Bill No. 2359 - A BILL FOR AN ORDINANCE AMENDING SECTION 17-
1.1 OF THE KAUAI COUNTY CODE 1987, RELATING TO RENEWAL FEE FOR
MOTOR VEHICLE OPERATOR'S LICENSE (Approved.)
Bill No. 2360 - A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4
OF THE KAUAI COUNTY CODE 1987, RELATING TO MOTOR VEHICLE
CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES (Approved.)
Council Meeting Follow-Up Memo to the Mayor
May 27, 2010
Page 5
Bill No. 2362 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE BOND FUND (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-mall: 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