HomeMy WebLinkAbout06/10/2010 06/09/2010 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
June 10, 2010
TO: Bernard P. Carvalho, Jr. Mayor
FROM: Bill "Kaipo" Asing, Council Chair
SUBJECT: JUNE 9, 2010, COUNCIL MEETING
This is to inform you of the action taken by the Council at its June 9, 2010
Council meeting and any follow-up that was requested:
COMMUNICATIONS:
C 2010-147 Communication (05/03/2010) from the Environmental Services
Management Engineer, Department of Public Works, transmitting for Council
consideration, the amendments to various sections of the Integrated Solid Waste
Management Plan, Chapter 21 of the Kauai County Code 1987, as amended.
(Received for the record.)
C 2010-148 Communication (05/13/2010) from the Director of Finance,
transmitting for Council information, the Period 9 Financial Reports - Statement of
Revenues as of March 31, 2010, pursuant to Section 17 and Section 20 of the
Operating Budget (B-2009-690). (Received for the record.)
C 2010-149 Communication (05/17/2010) from the Mayor, transmitting for
Council information, the Fiscal Year 2010 Third Quarter Report for the Kauai
Humane Society, pursuant to Contract #6787 item (5). Also included is a copy of
the Field Services Statistics, Animal Statistics, and a copy of H.B. No. 2725.
(Received for the record.)
C 2010-150 Communication (05/13/2010) from the Director of Parks and
Recreation, requesting Council approval to purchase a shredder mower for
$120,000.00 from the FY 2010-2011 Parks Special Projects Account, to be used to
cut back and maintain control over tall grass, shrubs and small trees that encroach
onto park properties and for regular maintenance along the shared-use path and
various county parks to help maintain visibility and safety. (Approved.)
C 2010-151 Communication (05114/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend funds from the Crime
Victim Assistance Grant of $179,756.00 for the Kauai Victim of Crime Act (VOCA)
Expansion Program, to be used for the term beginning August 1, 2010, and to
indemnify the State of Hawaii, Department of the Attorney General. (Approved.)
Council Meeting Follow-Up Memo to the Mayor
June 10, 2010
Page 2
C 2010-152 Communication (05/25/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend funds from the Federal
FY 2009 STOP Violence Against Women Formula Grant for $47,002.00 for
continuation of the Domestic Violence Prosecution Unit, to be used for the term
September 1, 2010 to March 31, 2011, and to indemnify the State of Hawaii,
Department of the Attorney General. (Approved.)
C 2010-153 Communication (05/25/2010) from the Director of Housing,
requesting Council approval to acquire a Real Estate Owned (REO) residence
situated at 5457 Kula Mauu Street, Kapaa, Hawaii, Tax Map Key (4) 4-6-013-124,
under the County's Neighborhood Stabilization Program (NSP) Foreclosure
Acquisition, Rehabilitation and Resale Project with funds received from the State in
July 2009 at the contracted offer price not to exceed $352,900.00, subject to the
one-percent (1%) discount based on receipt of the appraisal, and to authorize the
County Clerk to sign any and alI related legal documents. (Approved.)
C 2010-154 Request (06/02/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $25,000.00 to engage special counsel
to represent the County defendants in Wayne R. Daniel, et al., v. Kodani and
Associates, Inc., et al., Civ. No. 08-1-0006 (Fifth Circuit Court) and related matters.
(Approved.)
C 2010-155 Request (06/02/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $10,000.00 to engage special
counsel's continued representation in the lawsuit entitled Kathleen Ah Quin v.
County of Kauai, Department of Transportation (USDCT), Civ. No. CV 08-00507
JMS/BMK and related matters. (Approved.)
C 2010-156 Request (06/02/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $100,000.00 to engage special
counsel's continued representation in the lawsuit entitled Kristan C. Hirakawa v.
County of Kauai, Civ. No. CV09-00247 JMS/LEK (U.S. District Court, District of
Hawaii) and for new case Kristan C. Suniga (f.k.a. Kristan C. Hirakawa) v. County
of Kauai, et al., Civ. No. 10-1-0114 (Fifth Circuit Court) and related matters.
(Approved.)
C 2010-157 Communication (06/02/2010) from Chair Bill "Kaipo" Asing,
requesting that the County Attorney review the subdivision of "Moloaa Hui"
parcels, TMKs: 4-9-09:1, 4-9-09:9, and 4-9-09:12, to determine compliance with
permit conditions in the 1998 and 2000 approvals. (Received for the record.)
CLAIMS:
C 2010-158 Communication (05/18/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Cashmire Boiser for her
son's bodily injury, pursuant to Section 23.06, Charter of the County of Kauai.
(Referred to the County Attorney's Office far disposition and/or report
back to the Council.)
COMMITTEE REPORTS: APPROVED.
Council Meeting Follow-Up Memo to the Mayor
June 10, 2010
Page 3
RESOLUTIONS:
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 KAVVAIHAU, COUNTY OF KAUAI, HAWAII, AND
DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN (Approved.)
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.)
BILL FOR FIRST READING:
Proposed Draft Bill No. 2365 - A BILL FOR AN ORDINANCE AMENDING
SECTION 21-1.3, SECTION 21-2.1, SECTION 27.-2.2, SECTION 21-3.2, SECTION
21-3.3, SECTION 21-7.3, AND SECTION 21-9.1 OF THE KAUAI COUNTY CODE
1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (Approved
on first reading, public hearing scheduled for July 14, 2010, and thereafter
referred to the Public Works/Elderly Affairs 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. 2363 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 25
OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS IT RELATES TO
SEWERS (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)
Cyndie Johnson, Office of the Prosecuting Attorney)
Staff