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Home My WebLink About06/14/2012 06/13/2012 Council meeting follow-up letterPAI COUNTY 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 Uihu'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 June 14, 2012 TO: Bernard P. Carvalho, Jr., Mayor FROM: Jay Furfaro, Council Chair SUBJECT: JUNE 13, 2012, COUNCIL MEETING This is to inform you of the action taken by the Council at its June 13, 2012 Council meeting and any follow-up that was requested: 4 01 1 L 9,01 111 551 %, I C 2012-174 Communication (05/22/2012) from the Council Chair, transmitting for Council consideration and confirmation, Council appointee Stephen W. Long — term ending 12/31/2014, to the Kauai Historic Preservation Review Commission (Architect). (See Resolution No. 2012-43) C 2012-175 Communication (05/31/2012) from Councilmember Rapozo, transmitting for Council consideration a Charter Amendment Relating to Restricting the Mayor's Power Over Departments. (See Resolution No. 2012-44) C 2012-176 Communication (06/06/2012) from the Council Chair, transmitting for Council consideration a Charter Amendment Relating to Additional Duties of the County Auditor. (See Resolution No. 2012-45) C 2012-177 Communication (05/31/2012) from Councilmember Rapozo, transmitting for Council consideration a Charter Amendment Relating to the Preparation of Monthly Financial Statements by the Director of Finance. (See Resolution No. 2012-46) C 2012-178 Communication (06/07/2012) from Council Chair, transmitting for Council consideration, amendments to Chapter 3, Kauai County Code, 1987, as amended, Relating to the Representation of Clients with Conflicting Interests by the Office of the County Attorney. (See Proposed Draft Bill (No. 2438)) COMMUNICATIONS: C 2012-170 Communication (05/17/2012) from Councilmember Yukimura, requesting Council approval of her request that the Board of Ethics conduct an investigation of whether violations of the Code of Ethics have occurred in connection with the creation and operation of the P.O.H.A.K.U. Program and related matters. (Deferred.) AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor June 13, 2012 Page 2 I C 2012-173 Communication (05/01/2012) from Robert Crowell, Chair, Salary Commission, transmitting pursuant to Section 29.03, Kaua'i County Charter, the Salary Commission's Resolution No. 2012-2, relating to salaries of the Police and Fire Chiefs and their deputies, adopted by the Salary Commission I on April 23, 2012. (Deferred to the June 20, 2012 Special Council Meeting at 8:30 a.m.) C 2012-179 Communication (05/09/2012) from Councilmember Nakamura, requesting the presence of Mr. Joel Huesby, Owner, Huesby Farms, LLC, to provide an update on the feasibility study for the Modular Multi-Species Processing Establishment. (Received for the record.) C 2012-180 Communication (05/21/2012) from the Director of Finance, transmitting for Council information, the Period 10 Financial Reports — Statement of Revenues as of April 30, 2012, for Fiscal Year 2012, pursuant to Section 21 of the Operating Budget Ordinance (B-2011-732), County of Kaua'i. (Staten-tent of Revenues — Estimated and Actual, Statenient of Expenditures and Encumbrances, Revenue Report, and Detailed Budget Report on file in the County Clerk's Office.) (Received for the record.) C 2012-181 Communication (05/07/2012) from the Director of Finance, transmitting for Council information the following reports: (1) County of Kauai Bond Summary of General Long — Term Debt Amount Outstanding as of July 01, 2011; (2) County of Kaua'i Bond Supplemental Summary of General Long — Term Debt Amount Outstanding as of June 30, 2012; Excluded County of Kaua'i Bond Supplemental Summary of Long — Term Debt Amount Outstanding as of June 30, 2012: CFD No. 2008-1 (Kukui'ula Development Project) Special Tax Bonds, Series 2012, sold April 25, 2012. (Copy on file in the County Clerk's Office.) (Deferred.) C 2012-182 Communication (05/29/2012) from Mel Rapozo, Hawaii State Association of Counties (HSAC) President, requesting Council approval, pursuant to Section 5 of the Bylaws of the Hawaii State Association of Counties, Inc., of the proposed slate of officers for Fiscal Year 2012-2013: • Mel Rapozo (Kaua'i County Council), President Jay Furfaro (Alternate) • K. Angel Pilago (Hawai'i County Council), Vice President Brittany Smart (Alternate) • Joseph Pontanilla (Maui County Council), Treasurer G. Riki Hokama (Alternate) • Stanley Chang (Honolulu City Council), Secretary Ikaika Anderson (Alternate) (Approved with a confirmation letter to be sent to the HSAC Executive Committee.) Council Meeting Follow-up Memo to the Mayor June 13, 2012 Page 3 C 2012-183 Communication (05/14/2012) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend an Edward J. Byrne Memorial Justice Assistance Grant (JAG) FY 2012 Local Solicitation Grant in the amount of $41,491.00, to be utilized to continue the employment of the Full-Time Equivalent Process Server, as well as to provide training to the Kaua'i Police Department, for the period commencing on October 1, 2012 through September 30, 2015. (Approved.) C 2012-184 Communication (05/18/2012) from the Civil Defense Manager, requesting Council approval to receive and expend National Oceanic Atmospheric Administration (NOAA) funds not to exceed $30,000.00, authorized by CFDA No. 11.467, NOAA Award NA5 — NA09NWS46700016, and are managed by their sponsor, State of Hawai'i, Department of Defense, Civil Defense Division, to be utilized for a "Kauai Tsunami Evacuation Signage" project. (Approved.) . C 2012-185 Request (06/07/2012) from the Office of the County Attorney, at the request of the Kaua'i Police Department, for approval to expend funds up to $10,000.00 to retain special counsel to advise and represent the Kauai Police Department with regard to the Kaua'i Police Department's Administrative Review Board, Case Number NDA-12-06, and related matters. (Approved.) LEGAL DOCUMENTS: C 2012-186 Communication (05/23/2012) from the Director, Parks & Recreation Department, recommending Council approval of the following: -Warranty Deed by Kaua'i Kai Associates conveying to the County Lot B-2, Waipouli, Kawaihau, Kaua'i, Hawaii, (TMK: 4-4-3-09:41), for use as part of the Lydgate-Kapa'a Shared-Use Path, which includes a utility easement executed between Kaua'i Kai and Kaua'i Island Utility Cooperative. Land acquisition cost of approximately $18,551 ($11,800 for Lot B-2 (455 SF), $6,200 for Easement U-1 (266 SF), and $551 closing costs, including title insurance, escrow, and fees) (Approved.) C 2012-187 Communication (05/30/2012) from Gary A. Mackler, Acting Housing Director, recommending Council approval of the following: Grant of Easement by the County of Kaua'i conveying a Utility Easement situate at Lot 47 (9661 Haina Road), Waimea, Kaua'i, Hawaii (TMK: (4) 1-2-00807) to Kauai Island Utility Cooperative and Hawaiian Telcom, Inc., for utility purposes of the County's Lot Development Program in Waimea. (Approved.) Council Meeting Follow-up Memo to the Mayor June 13, 2012 Page 4 CLAIMS: C 2012-188 Communication (05/14/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by Martha Itamura for damage to her 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 2012-189 Communication (05/14/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by Kaua'i Akinaka & Associates, LTD., for services rendered, pursuant to Section 23.06, Charter of the County of Kaua'i. (Referred to the County Attorney's Office for review, and schedule an Executive Session briefing with the Council prior to disposition and report back to the Council.) C 2012-190 Communication (05/14/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by Kevin Robert Campbell for damage to his personal property, 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 2012-191 Communication (05/17/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Waste Management of Hawaii for damage to their equipment, pursuant to Section 23.06, Charter of the County of Kauai. (Referred to the County Attorney's Office for review, and schedule an Executive Session briefing with the Council prior to disposition and report back to the Council.) C 2012-192 Communication (05/24/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Waste Management of Hawaii for damage to their equipment, pursuant to Section 23.06, Charter of the County of Kaua'i. (Referred to the County Attorney's Office for review, and schedule an Executive Session briefing with the Council prior to disposition and report back, to the Council.) RESOLUTIONS: RESOLUTION NO. 2012-22, DRAFT 1, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY' (Deferred.) RESOLUTION NO. 2012-41, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO BUDGET PROCEDURES (Approved as amended to Resolution No. 2012-41, Draft 1.) RESOLUTION NO. 2012-43, RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (STEPHEN W. LONG) (Approved.) Council Meeting Follow -up Memo to the Mayor June 13, 2012 Page 5 RESOLUTION NO. 2012 -44, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO RESTRICTING THE MAYOR'S POWER OVER DEPARTMENTS (Approved on first reading, Public Hearing scheduled for June 27, 2012 at 1:30 p.m., and thereafter referred back to Council for second and final reading.) RESOLUTION NO. 2012 -45, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO ADDITIONAL DUTIES OF THE COUNTY AUDITOR (Approved on first reading, Public Hearing scheduled for June 27, 2012 at 1:30 p.m., and thereafter referred back to Council for second and final reading.) RESOLUTION NO. 2012 -46, RESOLUTION PROPOSING A CHARTER .AMENDMENT RELATING TO THE PREPARATION OF MONTHLY FINANCIAL STATEMENTS BY THE DIRECTOR OF FINANCE (Approved on first reading, Public Hearing scheduled for June 27, 2012 at 1:30 p.m., and thereafter referred back to Council for second and final reading.) BILLS FOR FIRST READING: PROPOSED DRAFT BILL (NO. 2438) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 3 OF THE KAUAI COUNTY CODE 1987, AS .AMENDED, RELATING TO THE REPRESENTATION OF CLIENTS WITH CONFLICTING INTERESTS BY THE OFFICE OF THE COUNTY ATTORNEY (Approved on first reading, Public Hearing scheduled for July 11, 2012 at 1:30 p.m., and thereafter referred to the Committee of the Whole.) 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