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Home My WebLink About04/12/2012 04/11/2012 Council meeting follow-up letterCOUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali'i Nadine K. Nakamura Mel Rapozo Council Services Division 4396 Rice Street, Suite 209 Llihu'e, Kaua'i, Hawaii 96766 MEMORANDUM April 12, 2012 TO: SUBJECT: OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk Telephone (808) 241-4188 Fax (808) Email cokcouncil(a)kauai.gov Bernard P. Carvalho, Jr� Jay Furfaro, Council Chair T APRIL 11, 2012, COUNCIL This is to inform you of the action taken by the Council at its April 11, 2012 Council meeting and any follow-up that was requested: CONSE11T CALENDAR: RECEIVED FOR THE RECORD., C 2012-102 Communication (03/8/2012) from the Director of Finance, transmitting for Council information, the Period 7 Financial Reports — Statement of Revenues as of January 31, 2012 for Fiscal Year 2012, pursuant to Section 21 of the Operating Budget Ordinance (B-2011-732), County of Kaua'i. C 2012-103 Communication (03/08/2012) from the County Engineer, transmitting for Council consideration amendments to Chapter 12 (Kaua'i County Building Code), Kaua'i County Code 1987, as amended, by adopting the 2006 International Building Code and Residential Code, a new appendix for Hawai'i Hurricane Sheltering Provisions for New Construction, a new appendix for Hawaii Wind Design Provisions for New Construction, and a new appendix for Hawaii Provisions for Indigenous Hawaiian Architecture Structures. C 2012-105 Communication (03/28/2012) from Council Vice Chair Yukimura, providing written disclosure on the record of a possible conflict of interest relating to C 2012-100, a claim filed against the County of Kaua'i by David Yukimura, and that she is recusing herself from discussing or participating in this agenda item, because the claimant is her brother. C 2012-106 Certification (03/30/2012) of the 2012 Real Property Assessment List of the County of Kaua'i by the Director of Finance. C 2012-107 Communication (03/30/2012) from the Director of Finance, transmitting for Council consideration, supplemental information pertaining to the estimated reduction in real property tax revenues resulting from the various tax relief measures enacted by the County Council, based on the Real Property Assessment Certification for FY 2013 factored with the existing real property tax rates. AN EQUAL OPPORTUNITY EMPLOYER a, -10a -3 Council Meeting Follow-up Memo to the Mayor April 12, 2012 Page 2 C 2012-108 Communication (04/03/2012) from Councilmember Nakamura, providing written disclosure on the record of a possible conflict of interest relating to the budget for the Office of Boards and Commissions, because her spouse's firm is contracted to provide legal services for that office, and she is recusing herself from participating in discussions related to the Mayor's budget submittal for FY 12-13 as it relates to Boards and Commissions. COMMUNICATIONS: C 2012-104 Communication (3/20/2012) from the Director of Finance, transmitting the Condition of the County Treasury Statement quarterly report as of February 10, 2012. (Received for the record.) C 2012-45 Communication (1/06/2012) from the Chief of Police, requesting Council approval to expend $300,000.00 of Asset Forfeiture Funds for planning, designing and procurement assistance for a permanent Kawaihau Police Station, rather than the previously requested purchase of a modular building to be used as a temporary police station in the Kawaihau District. (Approved.) C 2012-63 Communication (02/16/2012) from Councilmember Rapozo, requesting the Administration's presence to provide the Council with: An annual (2011 calendar year) synopsis of construction activity in the County of Kauai as reflected in the building permit information that is normally provided to the Council on a monthly basis. -A projection of construction activity in the County of Kaua'i for the 2012 calendar year. (Received for the record.) C 2012-70 Communication (02/15/2012) from Bev Brody, Island Coordinator, Get Fit Kaua'i, transmitting for Council information, an update on the County's Complete Streets Policy adopted via Resolution 2010-48. (Received for the record.) C 2012-74 Communication (03/01/2012) from the Chairperson, Salary Commission, transmitting the Salary Commission's Resolution No. 2012-1 Resolution Amending Resolution No. 2011-1 Relating To The Salaries Of Certain Officers And Employees Of The County of Kaua'i. (Received for the record.) C 2012-91 Communication (03/01/2012) from the Prosecuting Attorney, requesting Council approval to apply and receive Technical Assistance from the Bureau of Justice Assistance and the Vera Institute of Justice's national Cost- Benefit Knowledge Bank for Criminal Justice, which will allow the OPA to find innovative programs and develop procedures to ensure that the community is served in the most cost efficient manner and in the best way possible. (Received for the record.) C 2012-96 Communication (03/13/2012) from the Anti-Drug Coordinator, requesting Council approval to apply for, receive, and expend funds from the State of Hawaii Department of Human Services, Office of Youth Services Title V Incentive Grant in the amount of $128,198.00, which will be used for a mentoring/advocacy program to prevent youth at risk of becoming delinquent and from entering the juvenile justice system. (Approved.) Council Meeting Follow-up Memo to the Mayor April 12, 2012 Page 3 C 2012-101. Communication (03/29/2012) from the Prosecuting Attorney, requesting authorization to expend funds up to $10,000.00 to retain special counsel to represent the Office of the Prosecuting Attorney before the Civil Service Commission, relating to the classification of position no. 2801 and related matters. (Approved.) C 2012-109 Communication (03/08/2012) from the Chief of Police, requesting Council approval to accept and utilize a 40-foot container that was forfeited through the Asset Forfeiture Program, to store equipment for the Vice/Narcotics Unit. (Approved.) C 2012-110 Communication (03/14/2012) from the Executive on Aging, requesting Council approval to receive and expend funds in the amount of $62,847.00 for year one (April 1, 2012 to March 31, 2013) of a three-year grant (April 1, 2012 to March 31, 2015) awarded by the Corporation for National and Community Service to assist the Kaua'i Retired and Senior Volunteer Program in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). (Approved.) C 2012-111 Communication (03/14/2012) from the Director of Planning, requesting Council approval to apply for, receive, indemnify, and expend grant funds, in an amount not to exceed $200,000.00 for a period of up to two years, from the National Oceanic and Atmospheric Administration's (NOAA) Coastal Storms Program to support a General Plan Technical Study relating to research, creation, and implementation of policies relating to coastal hazards. (Approved.) C 2012-112 Communication (03/21/2012) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend a Fiscal Year 2012 Federal Transit Administration (FTA) Section 5309 State of Good Repair Grant in the amount of $1,340,000.00, for bus replacement and installation of GPS units in the Transportation Agency fleet. (Approved.) C 2012-113 Communication (03/21/2012) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend a Fiscal Year 2012 Federal Transit Administration (FTA) Section 5309 "Bus Livability Program" Grant in the amount of $1,000,000.00, to provide passenger shelters and improvements for public transit bus stops. (Approved.) C 2012-114 Communication (04/05/2012) from Councilmember Bynum, requesting Council approval to publicly release the January 24, 2012 County Attorney opinion regarding transient vacation rentals with homeowner's exemptions. (Approved.) LEGAL DOCUMENTS: C 2012-115 Communication (03/21/2012) from the Civil Defense Manager, recommending approval to enter into a Memorandum of Agreement (MOA) and Use Permit with the Hawaii State Department of Defense, for designated areas in the Kapa'a Armory at 4670 Kahau Road, Kapaa, Hawaii 96746, to be used as a Police Council Meeting Follow -up Memo to the Mayor April 12, 2012 Page 4 Sub - station. The MOA is for a term of four (4) years, beginning June 1, 2012 through March 31, 2016, and the Use Permit is for a term of one (1) year, beginning June 1, 2012 through May 31, 2013. a) Memorandum of Agreement Between the Department of Defense and the County of Kauai (for the use of the Kapa`a Armory) b) Use Permit 12 -004 (Approved.) C 2012 -116 Communication (03/23/2012) from the Director of Finance and the Information Technology Manager, recommending approval of the Internet Service Renewal Contract for TW Telecom, including the indemnification language that is incorporated into the Standard Terms and Conditions. ° Contract No. 153451, TW Telecom Service Order (Approved.) CLAIMS C 2012 -117 Communication (03/20/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Eric B. Alfonso for damage to his 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 2012 -118 Communication (03/20/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Alan S. Murabayashi for damage to his 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.) • '•' • =1 RESOLUTIONS Resolution No. 2012 -22, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY' (Deferred.) Resolution No. 2012 -23, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE ESTABLISHMENT OF THE OFFICE OF THE COUNCIL ATTORNEY (Deferred.) Resolution No. 2012 -26, RESOLUTION ESTABLISHING NO- PARKING AT ANY TIME ALONG A PORTION OF THE COUNTY ACCESS ROAD IN THE VICINITY OF VIDINHA. STADIUM SOCCER FIELDS, L1HU`E DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2012 -27, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2012 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) 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.) Council Meeting Follow -up Memo to the Mayor April 12, 2012 Page 5 Resolution No. 2012 -28, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2012 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.) BILL FOR FIRST READING Bill No. 2434 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12 OF THE KAUAI COUNTY CODE - 1987, AS AMENDED, ENTITLED "BUILDING CODE" (Approved on first reading, public hearing scheduled for May 9, 2012 at 1:30 p.m., and thereafter referred to the Finance /Parks & Recreation /Public Works Programs Committee.) Bill No. 2424, Draft 1 - A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT (Amended and deferred.) 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: KCT Department Heads KCT CCs Staff