HomeMy WebLinkAbout07/15/2010 07/14/2010 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
July 15, 2010
TO: Bernard P. Carvalho, Jr., Mayor
FROM: Bill "Kaipo" Asing, Council Chair
SUBJECT: JULY 14, 2010, COUNCIL MEETING
This is to inform you of the action taken by the Council at its July 14, 2010
Council meeting and any follow-up that was requested:
COMMUNICATIONS:
C 2010-175 Communication (05/05/2010) from the Chief of Buildings,
Department of Public Works, transmitting for Council information, the Building
Permit Monthly Reports for April 2010:
(1) Building Permit Processing Report
(2) Building Permit Estimated Value Summary
(3) Building Permits Tracking Report
(4) Building Permits Status
(Received for the record.)
C 2010-176 Communication (05/19/2010) from the Director of Finance,
transmitting for Council information the Corrective Action Plan for the OMB A-133,
Single Audit Reports, for the Year Ended June 30, 2009, pursuant to OMB A-133
Circular Subpart C - Auditees, Section .315 (c). (Received for the record.)
C 2010-177 Communication (06/08/2010) from the Chief of Buildings,
Department of Public Works, transmitting for Council information, the Building
Permit Monthly Reports for May 2010:
(1) Building Permit Processing Report
(2) Building Permit Estimated Value Summary
(3) Building Permits Tracking Report
(4) Building Permits Status
(Received for the record.)
C 2010-178 Communication (06/10/2010) from the Deputy County Engineer,
requesting Council approval of a traffic resolution which establishes a crosswalk on
Malu Road in the vicinity of Akoa Street. (Received for the record.)
Council Meeting Follow-Up Memo to the Mayor
July 15, 2010
Page 2
C 2010-179 Communication (06/11/2010) from the Director of Planning,
transmitting the Planning Commission's recommendation to approve Zoning
Amendment ZA-2010-7, Kauai Kailani I & II, TMK (4) 4-3-009:041 and (4) 4-3-
009:050, Waipouli, Kauai, to amend the Visitor Destination Area (VDA) map ZM-
WP-500 in Waipouli, Kapaa, Kauai, Hawaii, to include the aforementioned parcels
with conditions. (Received for the record.)
C 2010-180 Communication (06/15/2010) from Councilmember Tim Bynum,
requesting Council consideration of a resolution to establish a policy for facilitating
open governance and Internet access to public documents through the Council's
website. (Received for the record.)
C 2010-181 Communication (06/21/2010) from the Environmental Services
Management Engineer, requesting Council consideration of a proposal to amend
various sections in Chapter 21 of the Kauai County Code 1987, as amended, that
would allow the following:
(1) implementation of a monthly refuse collection assessment on all
residential properties in serviceable areas island-wide; and
(2) increase refuse collection fees for businesses and other non-
residential establishments who subscribe to County curbside refuse
collection service.
(Received for the record.)
C 2010-182 Communication (06/22/2010) 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 March 31, 2010, pursuant to
Section 17.03A of the Kauai County Charter.
• Statement of Revenues and Expenditures (Water Utility Fund)
• Status of the Budget (Water Utility Fund)
• State Appropriations
• Statement of Revenues and Expenditures (Facilities Reserve
Charge Fund)
• Status of the Budget (Facilities Reserve Charge)
• Statement of Revenues and Expenditures (Bond Fund)
• Status of the Budget (Bond Fund)
• Statement of Revenues and Expenditures (Bond-BAB Fund)
• Status of the Budget (Bond-BAB Fund)
(Received for the record.)
C 2010-183 Communication (06/25/2010) from Councilmember Daryl W.
Kaneshiro, requesting Council consideration of a proposal to fund the unanticipated
costs associated with the Office of the County Clerk -Council Services Division
building lease for its office space located on Wilcox Road, the lease of the public
restroom facility, moving expenses for the County Council and Council Services
Division to relocate back to the Historic County Building, and other operational
costs associated with the renovation of the Historic County Building in the amount
of $220,000.00. (Received for the record.)
C 2010-184 Communication (06/25/2010) from the Deputy County Engineer,
requesting Council approval of two traffic resolutions as follows:
(1) A resolution amending Resolution 2002-25, Draft 1, by establishing
speed limits along Ala Kinoiki.
(2) A resolution establishing yield restrictions at Ala Kinoiki and
Poipu Road.
(Received for the record.)
Council Meeting Follow-Up Memo to the Mayor
July 15, 2010
Page 3
C 2010-185 Communication (05/26/2010) from the Executive on Aging,
requesting Council approval to receive and expend American Recovery and
Reinvestment Act of 2009 Funds for Chronic Disease Self Management Program
(CDSMP) in the amount of $21,640.00 available from the date of the State's Notice
to Proceed through March 30, 2012. These funds will be used to reach additional
communities that include older adults with chronic diseases; establish referral
linkages with health clinics, physicians and other service providers utilizing the
Aging & Disability Resource Center (ADRC); recruit & train local community
members as lay leaders; provide workshops; and measure changes in participants'
heath status. (Approved.)
C 2010-186 Communication (06/08/2010) from the Director of Parks &
Recreation, requesting Council approval to accept an assortment of merchandise
(including various quantities of books, games, greeting cards, clothes, key chains
and other novelties) from Borders Books, Movies & Cafe valued at $10,000.00 to be
used for programs sponsored solely or in part by the Department of Parks &
Recreation. (Approved with thank-you letter to follow.)
C 2010-187 Communication (06/09/2010) from the Chief of Police, requesting
indemnification by the Council for a Letter of Agreement between Kapiolani
Medical Center for Women and Children (KMCWC), by and through its Sex Abuse
Treatment Center (SATC), and the Kauai Police Department to establish and
clarify the scope and nature of services to be provided to the Kauai Police
Department as a member of the Hawaii Sexual Assault Response and Training
(HSART) Program by KMCWC. (Approved.)
C 2010-188 Communication (06/15/2010) from the Director of the Office of
Economic Development, requesting Council approval to apply for, receive and
expend funds from the Economic Development Administration (EDA) in the amount
of $1,500,000.00 for the development of the Kilauea Agricultural Park by providing
infrastructure to drill a well for irrigation water and to install a 4-inch and 6-inch
waterline and roadway to provide access to agricultural lots. (Approved.)
C 2010-189 Communication (06/18/2010) from the Director of the Office of
Economic Development, requesting Council approval of the following:
(1) to apply for, receive and expend funds from the State Department
of Business, Economic Development and Tourism (DBEDT) EV-
Ready Grant Program which is funded by the American Recovery
and Reinvestment Act of 2009 (ARRA) in the amount of
$230,000.00;
(2) to accept the sub-grant Flow-Down Provisions for State Energy
Program (SEP) Financial Assistance Awards, as required by the
U.S. Department of Energy (DOE); and
(3) to indemnify the State regarding the above items.
(Approved as Amended to $276,259.)
C 2010-190 Communication (06/21/2010) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify, and
expend FY 2010 Federal Transit Administration (FTA) Section 5311 and 5311(b)(3)
Rural Transit Assistance Program (RTAP) Grants for operational, administrative
and training expenses for the County Transportation Agency in the amounts of
$554,680.00 and $10,855.00 respectively. (Approved.)
Council Meeting Follow-Up Memo to the Mayor
July 15, 2010
Page 4
C 2010-191 Communication (06/23/2010) from the Director of Parks and
Recreation, requesting Council approval to receive and expend Temporary
Assistance for Needy Families (TANF) Emergency Contingency Funds (ECF) in the
amount of $20,468.00, to provide supplies, equipment, and meal service for the
County's 2010 Summer Enrichment Program. (Approved.)
C 2010-192 Communication (06/24/2010) from the Director of Housing,
requesting Council approval to decline the repurchase of Unit No. 42, Villas at
Puali, located at 1983 Hokunui Place, Lihue, Hawaii 96766, and to grant the owner
a one-year waiver of the County's repurchase right effective the date of the Council's
approval, to allow a market sale by the owner. (Approved.)
C 2010-193 Communication (06/29/2010) from the Director of the Office of
Economic Development, requesting Council approval to apply for, receive and
expend the Environmental Protection Agency's Climate Showcase Communities
Grant of approximately $427,500.00. This grant requires a 50% match by the
County which will be met with in-kind personnel costs for project participants
working on the program, in addition to funds designated to construct a photovoltaic
power system on the Police/Civil Defense/Prosecutor facility on Kaana Street.
(Approved.)
LEGAL DOCUMENT:
C 2010-194 Communication (06/23/2010) from the Director of Finance,
requesting Council approval of the First Amendment to the Acquisition and
Funding Agreement between the County of Kauai and Kukuiula Development
Company (Hawaii), LLC, with respect to Community Facilities District (CFD) No.
2008-1, the company having determined that it would not be feasible at this time to
proceed with the related bond offering of the CFD through December 31, 2015.
• First Amendment to Acquisition and Funding Agreement by and
between the County of Kauai, with respect to the County of Kauai
Community Facilities District No. 2008-1 and Kukui`ula
Development Company (Hawaii), LLC, a Hawaii limited liability
company. (Approved.)
C 2010-195 Communication (06/23/2010) from the County Engineer,
requesting Council approval to accept the dedication of Piko Road at
TMK (4) 2-5-007:047 from Kilipaki Estates Association of Condominium Owners
and to execute the dedication deed.
• Dedication Deed: Kilipaki Estates Association of Condominium
Owners (Grantor) grants and conveys to the County of Kauai
(Grantee) the real property described in Exhibit A and shown in
Exhibit B, Tax Map Key (4) 2-5-007:047 (Approved.)
CLAIMS:
C 2010-196 Communication (06/15/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Robert K. L. Young 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.)
Council Meeting Follow-Up Memo to the Mayor
July 15, 2010
Page 5
C 2010-197 Communication (06/16/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Novus Credit Solutions
for damage to an Avis Rent-A-Car, 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.)
RESOLUTIONS:
Resolution No. 2010-38, RESOLUTION ESTABLISHING A CROSSWALK
ON MALU ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI (Approved.)
Resolution No. 2010-39, RESOLUTION TO ESTABLISH A POLICY FOR
FACILITATING OPEN GOVERNANCE AND INTERNET ACCESS TO PUBLIC
DOCUMENTS (Deferred pending the 6-month review of County furloughs
and Council Services Meetings with IT/County Attorney's Office.)
Resolution No. 2010-40, RESOLUTION AMENDING
RESOLUTION 2002-25, Draft 1, ESTABLISHING MAXIMUM SPEED LIMITS
ALONG ALA KINOIKI, KOLOA DISTRICT, KAUAI, HAWAII (Approved.)
Resolution No. 2010-41, RESOLUTION ESTABLISHING YIELD SIGNS
AND YIELD LINES AT ALA KINOIKI, KOLOA DISTRICT, COUNTY OF KAUAI
(Approved.)
BILL FOR FIRST READING:
Proposed Draft Bill No. 2366 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO VISITOR
DESTINATION AREA DESIGNATION FOR WAIPOULI, KAPAA, KAUAI,
HAWAII (Approved on first reading, public hearing scheduled for
August 25, 2010, and thereafter referred to the Planning Committee.)
Proposed Draft Bill No. 2367 - A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.1, AND SECTION 21-9.3 OF THE KAUAI COUNTY CODE 1987,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (Approved on
first reading, public hearing scheduled for August 11, 2010, and thereafter
referred to the Public Works/Elderly Affairs Committee.)
Proposed Draft Bill No. 2368 - A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2010-705, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS
AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Approved on
first reading, public hearing scheduled for August 11, 2010, and thereafter
referred to the Budget & Finance 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.)
Council Meeting Follow-Up Memo to the Mayor
July 15, 2010
Page 6
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