The URL can be used to link to this page

Home My WebLink About 04/07/2011 04/06/2011 Council meeting follow-up letter COUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang Nadine K. Nakamura Mel Rapozo Council Services Division 3371-A Wilcox Road L~u`e, Kauai, Hawaii 96766 MEMORANDUM April 7, 2011 TO: Bernard P. Carvalho, Jr., Mayor FROM: Jay Furfaro, Council Chair~~ RE: APRIL 6, 2011, COUNCIL MEETING OFFICE OF THE COUNTY CLERK Peter A. Nakamura, County Clerk Eduardo Topenio, Jr., Deputy County Clerk Telephone (808) 241-4188 Fax (808) 241-6349 Email cokcouncilna,kauai.gov This is to inform you of the action taken by the Council at its April 6, 2011 Council meeting and any follow-up that was requested: COMMUNICATIONS: C 2011-75 Communication (02/10/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the Kapaia Swinging Bridge Project. (Referred to the April 27, 2011 Finance/Parks & RecreationlPublic Works Programs Committee Meeting.) C 2011-76 Communication (02/16/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the County's Islandwide Road Resurfacing Program. (Deferred.) C 2011-96 Communication (03/15/2011) from Theresita Kinnaman, Chairperson, Kauai Open Space Commission, transmitting for Council information the Commission's 2010 Report to the County in conformance with the requirements of Ordinance No. 812. (Received for the record.) C 2011-97 Communication (03/16/2011) from Councilmember Nakamura, providing written disclosure on the record of a possible conflict of interest and recusal on Resolution No. 2011-42 (filing of an annual action plan for the CDBG allocation), because she is a Board Member of the- Hawaii Community Reinvestment Corporation, which is designated to receive CDBG funding. (Received for the record.) AN EQUAL OPPORTUNTl'Y EMPLOYER C~, ~t0a'3 Council Meeting Follow-Up Memo to the Mayor April 6, 2011 Page 2 C 2011-98 Communication (03/17/2011) from the Director of the Office of Economic Development, transmitting for Council consideration a $150,000.00 appropriation from the surplus and appropriations estimated in the General Fund for the upcoming 2011 Kauai Marathon, which will be used for marketing, advertising, entertainment, medical services, aid station supplies, traffic control and security. (Received for the record.) C 2011-99 Communication (03/18/2011) from the Fire Chief, transmitting for Council consideration a $260,538.00 appropriation from the surplus and appropriations estimated in the General Fund to purchase three (3) prime movers (R,escue trucks) to replace the aging, unsafe and out of service vehicles at the Koloa, Lihu`e, and Hanalei Fire Stations. (Received for the record.) C 2011-100 Communication (03/18/2011) from the Mayor, transmitting for Council consideration and confirmation the following Mayoral appointees to the Police Commission for the County of Kauai: (1) Bradley Chiba _ partial term ending 12/31/2012 (2) Randall Francisco -1st term ending 12/31/2013 (Received for the record.) C 2011-101 Communication (03/01/2011) from the Director of Housing, requesting Council approval to decline its repurchase right to buy back property identified as Unit 49 Villas at Puali, located in Puhi at 4042 Puali Place, Lihu`e, Hawaii 96766, and that the Housing Agency issue the owners aone-year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting the owners to sell the unit on the open market for a period of one year. (Approved.) C 2011-102 Communication (03/30/2011) from the Council Vice Chair, transmitting for Council consideration a Resolution urging Congress and the Administration to continue full funding of the Community Development Block Grant Program (CDBG). (Received for the record.) C 2011-103 Communication (03/31/2011) from Council Chair Furfaro, transmitting for Council consideration a proposed bill for an ordinance to amend Chapter 23, Article 3, Section 23-3.2 of the Kauai County Code 1987, relating to Peddlers and Concessionaires. (Received for the record.) Council Meeting Follow-Up Memo to the Mayor April 6, 2011 Page 3 LEGAL DOCUMENTS: C 2011-104 Communication (03/16/2011) from the Executive on Transportation, recommending Council approval of aright-of--entry agreement to allow The Kauai Bus to pick up and drop off passengers on the premises of TMK (4) 5-2-017:028. • Right-of--Entry Agreement by and between Anaina Hou Land, LLC, (Grantor) and County of Kauai (Grantee) for a right to use a portion of its property situated at 5-2723 Kuhi`o Highway, Kilauea, Kauai, Hawaii 96754 identified as a portion of tax map key number (4) 5-2-017:028 subject to terms and conditions. • Indemnification of Anaina Hou Land, LLC. (Approved.) C 2011-105 Communication (03/16/2011) from the County Engineer, recommending Council approval of aright-of--entry agreement for the purpose of removing soil and other materials from certain areas on TMK (4) 1-9-03:005 to create a path for storm water in the event of a flood, in the interest of public health and safety. • Right-of--Entry Agreement by and between McBryde Sugar Company, Limited (Grantor) and County of Kauai (Grantee) for a right to use certain properties situate, lying and being at Hanapepe, County of Kauai, affecting tax map key number (4) 1-9-03-005 subject to terms and conditions. • Indemnification of McBryde Sugar Company, Limited. (Approved.) C 2011-106 Communication (03/18/2011) from the Director of Parks and Recreation, recommending Council approval to secure shared-use path property and required utility easement at the Katsura's property for the Lydgate-Kapa`a Bike and Pedestrian Path Phase B project: • Purchase Agreement between the County of Kauai and the Katsura Trusts ($22,500.00) • Easement for Bike Path • Easement for Utilities • Consent for Assignment of Utility Easement to KIUC (Approved.) CLAIMS: C 2011-107 Communication (04/04/2011) from the County Clerk, transmitting a .claim filed against the County of Kauai by Michelle Blake for damage to her vehicle, pursuant to Section 23.06, Charter of the County,j of Kauai. (Referred to the County Attorney's Office for disposition and/or report back to the Council if necessary.) Council Meeting Follow-Up Memo to the Mayor April 6, 2011 Page 4 C 2011-108 Communication (04/0412011) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert R. Valencia for damage to his personal property, 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 if necessary.) C 2011-109 Communication (04/23/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Barbara L. Bradish for medical bills and loss of income, 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 if necessary.) COMMITTEE REPORTS: APPROVED. RESOLUTIONS: Resolution No. 2011-41, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI ~ COUNTY 2011 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGR.AIVI) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED (Approved.) Resolution No. 2011-42, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2011 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 (Approved.) Resolution No. 2011-46, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Bradley Chiba) (Approved.) Resolution No. 2011-47, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Randall Francisco) (Approved.) Resolution No. 2011-48, RESOLUTION URGING CONGRESS AND THE ADMINISTRATION TO CONTINUE FULL FUNDING OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Approved.) _ Council Meeting Follow-Up Memo to the Mayor April 6, 2011 ` Page 5 BILLS FOR FIRST READING: Proposed Draft Bill (No. 2404) - 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 (Kauai Marathon grant X150,000.00) (Approved on 1St reading; Public Hearing Scheduled for May 4, 2011 and referred to the Economic Development & Renewable Energy Strategies Committee.) Proposed Draft Bill (No. 2405) - 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 (Kauai Fire Department rescue trucks $260,538.00) (Approved on 1St reading; Public Hearing Scheduled for May 4, 2011 and referred to the Public Safety & Environmental Services Committee.) Proposed Draft Bill (No. 2406) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE 3, SECTION 23-3.2 OF THE KAUAI COUNTY CODE 1987, RELATING TO PEDDLERS AND CONCESSIONAIRES (Approved on 1St reading; Public Hearing Scheduled for May 4, 2011 and referred to the Finance/Parks & Recreation/Public Works Programs Committee.) BILLS FOR SECOND READING: Bill No. 2376 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE .ZONING ORDINANCE (Shoreline Setback ordinance amendment) (Received for the record.) Bill No. 2400 - A BILL FOR AN ORDINANCE AMENDING ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDEID, RELATING TO PLASTIC BAG REDUCTION (Received for the record.) 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 o~.cial minutes as for ~ a -complete record. - Copy: Council Via e-mail: KCT Department Heads KCT CCS Council Services Staff