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Home My WebLink About07/12/2012 07/11/2012 Council meeting follow-up letter� J,v � z 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 Llihu'e, Kaua'i, Hawai'i 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(iMauai,go MEMORANDUM July 12, 2012 TO FROM: Bernard P. Carvalho, Jr., or M r Jay Furfaro, Council Chair 0 JULY 11, 2012, COUNCIL MEETING This is to inform you of the action taken by the Council at its July 11, 2012 Council Meeting and any follow-up that was requested: CONSENT CALENDAR: RECEIVED FOR THE RECORD. C 2012-206 Communication (06/13/2012) from the Mayor, transmitting for Council information, Mayoral appointee Luke A. Evslin to the Public Access, Open Space, .& Natural Preservation Fund Commission, replacing Ms. Johanna Ventura, and whose partial term ends 12/31/2013. C 2012-207 Communication (06/28/2012) from Councilmember Rapozo, transmitting for Council consideration, amendments to Chapter 8, Kaua'i County Code 1987, as amended, relating to the creation of a Planning Enforcement Account for Civil Fines that will enable the Planning Department to have funds readily available for the enforcement of codes, statutes, and regulations it has authority to enforce. C 2012-208 Communication (06/29/2012) from Councilmember Nakamura, transmitting for Council consideration, amendments to Chapter 5A, Kaua'i County Code 1987, as amended, relating to Real Property Tax, that aligns the deadline for the Department of Finance to submit the Certified Real Property Tax Assessment List with the submission of the Mayor's proposed annual budget, and incorporates amendments adopted via Bills Nos. 2415 and 2416 to Sections 5A-9.1(a), 5A-11.4, and 5A-11.30, which were inadvertently omitted in Bill No. 2417 before its approval. COMMUNICATIONS: C 2012-209 Communication (06/13/2012) from the Director of Finance, transmitting the Condition of the County Treasury Statement quarterly report as of May 14, 2012. (Received for the record.) C 2012-210 Communication (06/29/2012) from Council' Chair Furfaro, requesting the Administration's presence to answer questions regarding his analysis of the Period 10 Financial Statements and forecasted cash flow position through the Period Ending April 30, 2012. (Received for the record.) C- — I OA 3 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor July 12, 2012 Page 2 C 2012-211 Communication (06/29/2012) from the Director of the Office of Economic Development, requesting Council approval to apply for, receive, and expend an estimated $400,000 yearly, subject to annual availability of the Transient Accommodation Tax Collection and the Hawai'i Tourism Authority (HTA) Board approval, for a 3-year contract with HTA to conduct a County of Kaua'i Product Enrichment Program to coordinate the development and maintenance of KauaTs niche markets of cultural, health and wellness, educational, technology, agricultural, sports, and nature tourism. (Approved.) C 2012-212 Communication (06/18/2012) from the Director of Housing, requesting Council approval to utilize Neighborhood Stabilization Program (NSP) funds for the following: (1) To acquire two (2) Short Sale/Foreclosed homes for up to a maximum amount of not more than $400,000.00 per property, located at: (a) 2151B Kelikoh Street, #20, Ulhu'e, Hawaii (TMK 3-3-003-037-0020) and (b) 4965 Laipo Road, Kapa'a, Hawaii (TMK 4-5-017-022), and (2) To authorize the County Clerk to sign all legal documents related to the purchase of said properties. (Approved.) . C 2012-213 Communication (06/29/2012) from Council Vice Chair Yukimura, requesting Council approval for the public release of the County Attorney opinion dated June 18, 2012, regarding the Fiscal Year 2012-2013 Budget Appropriation for the Housing Advisory Committee within the Council Services Budget. This release was discussed and approved during Executive Session item ES-577 at the June 27, 2012 Council Meeting. (Approved.) LEGAL DOCUMENT C 2012-214 Communication (07/04/2012) from the Director of Finance, recommending Council approval of the following: License agreement for 3.491 acres of land in Puhi (Lot 1540, Li Kaua'i, Hawaii) to be used by the Kaua'i Philippine Cultural Center (KPCC), a 501-C-3 nonprofit, as the location of a community center to benefit and honor the history and cultures of the people of Kaua'i, and which license will assist the KPCC to leverage further future funding and grant assistance. (Deferred.) CLAIMS: C 2012-215 Communication (06/18/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Enterprise Rent-A-Car for damage to their 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 2012-216 Communication (06/26/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by GEICO, as subrogee for Martin Sadler, 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.) Council Meeting Follow-up Memo to the Mayor July 12, 2012 Page 3 C 2012-217 Communication (6/28/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Diane C. Cooke for damage to her vehicle, 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.) �MVWVDIDIIIIA a a U U tfell tj D I RESOLUTIONS: Resolution No. 2012-44, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO RESTRICTING THE MAYOR'S POWER OVER DEPARTMENTS (Failed adoption.) . Resolution No. 2012-45, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO ADDITIONAL DUTIES OF THE COUNTY AUDITOR (Failed adoption.) Resolution No. 2012-46, RESOLUTION PROPOSING A CHAPTER AMENDMENT RELATING TO THE PREPARATION OF MONTHLY FINANCIAL STATEMENTS BY THE DIRECTOR OF FINANCE (Received for the record.) BILLS FOR FIRST READING: Proposed Draft Bill (No. 2439) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY OF KAUAI PLANNING DEPARTMENT CIVIL FINES (Referred to the Planning Commission for recommendation.) Proposed Draft Bill (No. 2440) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA'I COUNTY CODE 1987, AS AMENDED RELATING TO REAL ' PROPERTY TAX (Approved as amended on first reading, public hearing scheduled for August 8 2012, and thereafter referred to the Finance/Parks & Recreation/Public Works Programs Committee.) BILLS FOR SECOND READING: Bill No. 2436, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16 AND CHAPTER 17 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ELECTRIC VEHICLE CHARGING STATIONS (Approved.) Bill No. 2437, Draft I — A BILL FOR AN ORDINANCE TO AMEND SECTION 19-1.3 AND SECTION 19-1.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (Referred to the August 1, 2012 Finance/Parks & Recreation/Public Works Programs Committee Meeting.) Council Meeting Follow-up Memo to the Mayor July 12, 2012 Page 4 EXECUTIVE SESSION: ES-553 Pursuant to HRS sections 92-4, 92-5(a)(4), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Kaua'i Akinaka & Associates, Ltd, filed on May 14, 2012, and previously on the Council's agenda as C 2012-189, and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (See also C 2012-189 on the June 13, 2012 Council Agenda) (Executive Session not held; Deferred in open session to the July 18, 2012 Special Council Meeting.) ES-554 Pursuant to HRS sections 92-4, 92-5(a)(4), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Waste Management of Hawaii, filed on May 17, 2012, and previously on the Council's agenda as C 2012-191, and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (See also C 2012-191 on the June 13, 2012 Council Agenda) (Executive Session not held; Deferred in open session to the July 18, 2012 Special Council Meeting.) ES-555 Pursuant to HRS sections 92-4, 92-5(a)(4), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Waste Management of Hawaii, filed on May 24, 2012, and previously on the Council's agenda as C 2012-192, and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (See also C 2012-192 on the June 13, 2012 Council Agenda) (Executive Session not held; Deferred in open session to the July 18, 2012 Special Council Meeting.) 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