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Home My WebLink About05/12/2012 05/09/2012 Council meeting follow-up lettere- COUNTY COUNCIL Jay Furfaro, Chair JoAno A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali'i Nadine K. Nakamura Mel Rapozo Council Services Division .4396 Rice Street, Suite 209 Llhu'e, Kaua'i, Hawaii 96766 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk Telephone (808) 241-4188 Fax (808) 241-6349 Email cokcouncil@kauai.go MEMORANDUM May 12, 2012 TO: Bernard P. Carvalho, Jr., May FROM: Jay Furfaro, Council Chair RE: MAY 9, 2012, COUNCIL MEETI C 2012-139 Communication (04/20/2012) from the Mayor, transmitting for Council consideration and confirmation, the Mayoral appointment of Clifton J. Miranda, to the Fire Commission — term ending 12/31/12. (Received for the Record.) C 2012-140 Communication (04/19/2012) from the Mayor, transmitting for Council consideration and confirmation, the Mayoral appointment of Benjamin E. Lizama, Jr., to the Board of Review — term ending 12/31/12. (Received for the Record.) C 2012-141 Communication (04/30/2012) from Vice Chair Yukimura, transmitting for Council consideration, a proposed Charter Amendment relating to the terms set for County Councilmembers. (Received for the Record.) alarm systems. (Received for the Record.) C 2012-142 Communication (04/17/2012) from the Chief of Police, transmitting for Council consideration, a proposed amendment to the Kaua'i County Code 1987, as amended, for the following: ® Establish a permitting system for residential alarm systems. I o Allow the Kaua'i Police Department (YPD) to assess service charges for permit issuance and for responses to repeat false alarms. ® Allow YPD to obtain and maintain accurate contact information for holders of permits for residential C 2012- ' 143 Communication (05/01/2012) from Councilmember Kuah'i, providing written disclosure on the record of a possible conflict of interest relating to the "YWCA — Family Violence Shelter" and "YWCA — Sexual Assault Treatment Program" line items contained in "Other Services" (Account No. 001- 0901- 512.30- 00) in Bill No. 2431, due to his employment with the YWCA. (Received for the Record.) AN EQUAL OPPORTUNITY EMPLOYER G — 10 - " r! Council Meeting Follow-up Memo to the Mayor May 9, 2012 Page 2 C 2012-144 Communication (05/01/2012) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest relating to the "Kaua'i Recycles Program" and "Recycling Promotions" line items contained in "Other Services" (Account No. 208-2033-641.30-00) in Bill No. 2431, due to his position as the Owner of Wala'au Productions which tapes and airs advertisements for Garden Isle Disposal. (Received for the Record.) C 2012-145 Communication (05/01/2012) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest relating to the "Tourism — Kaua'i Marathon" and "Tourism — Kauai Marathon/Iwaki Marathon" line items contained in "Other Services" (Account No. 001- 0901- 512.30- 00) in Bill No. 2431, due to his position as the Owner of Wala'au Productions which tapes and airs footage of the Kaua'i Marathon. (Received for the Record.) C 2012-146 Communication (05/02/2012) from Vice Chair Yukimura, transmitting for Council consideration a proposed Charter Amendment to remove the provision allowing the Mayor, during the annual budget setting process, to submit a "second proposed annual budget" (referred to as the Mayor's Budget Modification) as provided for in Section 19.02(A) and Section 19.07(A) of the Charter of the County of Kaua'i. (Received for the Record.) COMMUNICATIONS: C 2012-147 Communication (04/23/2012) from Council Chair Furfaro, requesting the presence of Mr. Scott Matsuura and Mr. James Pacopac to provide an update on the 2012 Legislative Session. (Received for the Record.) C 2012-148 Communication (02/21/2012) from Council Chair Furfaro, requesting the presence of Leonard A. Rapozo, Jr., Director of Parks & Recreation, and Gary Ueunten, State Department of Health, to provide the Council with a six (6) month update on the Lydgate Pond Restoration Project. (Received for the Record.) C 2012-149 Communication (04/12/2012) from the Chief of Police, requesting Council approval to expend approximately $10,000.00 of unexpended funds from account number 001-1001-551.89-06 to purchase a covered trailer that will be assigned to the Hanalei substation as part of a disaster preparedness and response package for first responders and to sustain continued police operations for the Hanalei, Wainiha, and Hd'ena communities when Kiihi'6 Highway is completely closed to all vehicular traffic for extended periods. (Approved.) C 2012-150 Communication (04/20/2012) from the Director of Finance, transmitting for Council information, the Period 9 Financial Reports — Statement of Revenues as of March 31, 2012, for Fiscal Year 2012, pursuant to Section 21 of the Operating Budget Ordinance (B-2011-732), County of Kaua'i. (Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report). (Received for the Record.) C 2012-151 Communication (04/20/2012) from the Fire Chief, requesting Council approval to apply for, receive, and expend the 2011 Assistance to Firefighters Grant in the amount of $77,936.00 to purchase a 19' Boston Whaler to be stationed at the Kapa'a Fire Station, replacing the existing aging jetboat, total cost of the 19' Boston Whaler, including tax and shipping is $97,419.00. The remaining balance after utilizing grant is $19,483.00 will be funded from the Fire Department's Public Safety Equipment Account #001-1102-566.89-06. (Approved.) Council Meeting Follow-up Memo to the Mayor May 9, 2012 Page 3 C 2012-152 Communication (04/26/2012) from the County Attorney, requesting Council approval to expend funds up to $30,000.00 to retain special counsel to represent the Office of the Prosecuting Attorney regarding the P.O.H.A.K.U. Program and related matters. (Approved amended amount of $15,000.00 to be used for Civil Matters related to the P.OJI.A.K.U. Program) CLAIMS: C 2012-154 Communication (04/20/2012) from the County Clerk, transmitting a claim filed against the County of Kaua'i, by Philip Medeiros, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua'i. (Referred to the County Attorney's Office for disposition and/or report back to the Council.) C 2012-155 Communication (04/25/2012) from the County Clerk, transmitting a claim filed against the County of Kaua'i, by Watumull Plaza, for property 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 2012-156 Communication (04/25/2012) from the County Clerk, transmitting a claim filed against the County of Kaua'i, by Brian Esler, for damages to his personal property, pursuant to Section 23.06, Charter of the County of KauaT (Referred to the County Attorney's Office for disposition and/or report back to the Council.) C 2012-157 Communication (04-27-2012) from the County Clerk, transmitting a claim filed against the County of Kauai, by Progressive Casualty Group Insurance, Co., for damage to their 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� 133 skyj 11111 9 a, if, n 1 , I CR-FPP 2012-07 on FPP 2012-07 Communication (04/26/2012) from Committee Chair Bynum, requesting the presence of the Director of Finance and Real Property Assessment Division to provide a briefing on matters regarding real property taxes. [Received for the record.] (Deferred.) �13 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 (Received for the record.) Council Meeting Follow-up Memo to the Mayor May 9, 2012 Page 4 Resolution No. 2012-36, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Michael Y Nagano) (Approved.) Resolution No. 2012-38, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Clifton J. Miranda) (Approved.) Resolution No. 2012-39, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Benjamin E. Lizama, Jr.) (Approved.) Resolution No. 2012-40, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE TERMS SET FOR COUNTY COUNCILMEMBERS (Referred to Committee of the Whole.) Resolution No. 2012-41, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO BUDGET PROCEDURES (Approved on Pt reading; Public Hearing Scheduled for May 23, 2012 and back to Council for second reading.) I Proposed Draft Bill (No. 2435) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RELATING TO ALARM SYSTEMS (Approved on ls' reading; Public Hearing Scheduled for May 23, 2012 and referred to the Public Safety & Environmental Services Committee.) 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