The URL can be used to link to this page

Home My WebLink About09/27/2012 09/26/2012 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 L Kaua'i, Hawaii 96766 Telephone (808) 241-4188 Fax (808)241-6349 Email cokcouncil(2�kauai.go MEMORANDUM September 27, 2012 TO: Bernard P. Carvalho, Jr., Mayor FROM: Jay Furfaro, Council Chair- RE: SEPTEMBER 26, 2012, COUNCIL MEE-TINIGF CONSENT CALENDAR: C 2012-371 Communication (08/21/2012) from the Planning Director, transmitting for Council consideration, the Planning Commission's recommendation to amend the Zoning Designation in Uihu'e, Kaua'i, from "Open District (0)" to "Residential District (R-1)/Special Treatment – Public District (ST-P)," Tax Map Key: (4) 3-8=005: Portion, L11hu'e, Kaua'i. Department of Water, County of Kaua'i, Applicant, (Received for the Record.) C 2012-372 Communication (09/20/2012) from Councilmember Kuali'i, transmitting for Council consideration a Resolution urging the 2013 Hawaii State Legislature to repeal Chapter 171C of the Hawaii Revised Statutes (Act 55, Session Laws of Hawaii 2011) relating to the Department of Land and Natural Resources and the Public Land Development Corporation (PLDC) (Received for the Record.) COMMUNICATIONS: C 2012-336 Communication (07/20/2012) from the Prosecuting Attorney, requesting Council approval to apply, receive and expend State of Hawaii, Office of Youth Services funds for the Keiki P.O.H.A.K.U. Diversion Program in the amount of $35,000.00, and approval to indemnify the State of Hawaii, Office of Youth Services for the term commencing August 15, 2012. (Deferred to Special Council Meeting on 1010312012 at 9.00 a.m.) C 2012-364 Communication (08/28/2012) from Council Vice Chair Yukimura and Councilmember Nakamura, requesting agenda time to discuss and approve a list of community people to be recommended to and appointed by the Mayor to serve on a Mayor's Advisory Committee for a Drug Prevention Grant Pilot Project administered by the Life's Choices Kaua'i Office. (Approved.) (3-10a-3 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-4. emo to the Mayor September 27, 2012 Page 2 C 2012-373 Communication (08/08/2012) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend Non-Compliant Sexual Offender Unit Federal funds in the amount of $145,000.00, and approval to indemnify the State of Hawaii, Department of the Attorney General, for salaries, fringe, and operational expenses for the Office of the Prosecuting Attorney Non- Compliant Sex Offender Unit for the term commencing December 1, 2012. (Approved.) C 2012-374 Communication (08/08/2012) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend Federal funds for the Kaua'i Open Drug Market in the amount of $75,000.00, to be used for overtime consultant fees, training, office supplies, and information for the Office of the Prosecuting Attorney, Kaua'i Drug Market Initiative, for the term commencing December 1, 2012 and to indemnify the State of Hawaii, Department of Attorney General. (Approved.) C 2012-375 Communication (08/21/2012) from the Chief of Wastewater Division, requesting Council approval to apply for, receive, and expend Federal Environmental Protection Agency (EPA) grant funds in the amount of $970,000.00, with a 45% local (County in-kind) and 55% Federal match, for final design and construction following completion of the NEPA document, and planning and preliminary design work for the Waimea Wastewater Treatment Plant Expansion R-1 Distribution System. (Deferred.) C 2012-376 Communication (08/24/2012) from the Environmental Services Management Engineer, requesting Council approval to accept a one-year trial of the "Catalog Choice for Communities" program valued at $3,500.00 to assist Kaua'i County residents with eliminating unwanted mailings through a web-based opt-out system, free of charge with no obligation to renew for a second year. (Deferred.) C 2012-377 Communication (08/23/2012) from the Chief of Roads Division, requesting Council approval to purchase an Ace Welder/Acetylene Oxygen Cutting Unit Equipment to assist the repair and maintenance operations of the Bridge Maintenance and Traffic Signs Markings Branch of the Special Construction Section, estimated at approximately $5,617.66, which is available in the Roads Division's Operating account. (Approved.) C 2012-378 Communication (08/23/2012) from the Chief of Roads Division, requesting Council approval to replace one (1) Tree Wood Chipping Machine (Eq. No. 211C) that is currently essential to operations, estimated at $38,140.00, which is available in the Roads Division's Operating account. (Approved.) C 2012-379 Communication (08/29/2012) from the Environmental Services Management Engineer, requesting Council approval to accept a grant not to exceed $100,000.00 from the State Department of Health for Electronic Device Recycling including community collections, education and outreach, and reporting activities. (Deferred.) C 2012-380 Communication (09/20/2012) from Councilmember Rapozo, requesting Council approval to include a proposed Bill for an Act relating to the Public Land Development Corporation (PLDQ in the 2013 Hawaii State Association of Counties (HSAC) and County of Kaua'i Legislative Package. (Received for the Record.) Council Meeting Followt ✓emo to the Mayor September 27, 2012 Page 3 C. 2012-381 Request from the Office of the County Attorney for .authorization to expend up to $10,000-00 for special counsel's continued representation of the Office of the Prosecuting Attorney concerning the P.O.H.A.K.U. Program, and related matters. (Approved as Amended, up to $20,000.00.) LEGAL DOCUMENT: C 2012-382 Communication (08/29/2012) from the Director of Parks & Recreation, recommending Council approval to acquire Lots D-2 and E-2, Niulani Tract, Waipouli, Kawaihau, Kauai, for use as part Of the Lydgate-Kapa'a Shared- Use Path, estimated at $17,992.75 ($6,300.00 for Lot D-2 (201 SF), $8,800.00 for Lot E-2 (281 SF), $2,260.00 for utility easements and $632.75 for closing costs, including title insurance, escrow, and fees). I Q Warranty Deed (TMK (4) 4-3-009:71) (Approved.) C 2012-383 Communication (08/29/2012) from the Director of Parks & Recreation, requesting Council approval to acquire Lot B-2, Niulani Tract, Waipouli, Kawaihau, Kaua'i, for use as part of the Lydgate-Kapa'a Shared-Use Path, estimated at $3,539.00 ($3,000.00 for Lot B-2 (86 SF) and $539.00 for closing costs, including title insurance, escrow, and fees.). 0 Warranty Deed (TMK (4) 4-3-009:38) (Approved.) , C 2012-384 Communication (08/24/2012) from the County Engineer, recommending Council approval of the following relating to Mehana Road, 'Ele'ele, K61oa, Kauai: • Mutual Cancellation of Quitclaim and Warranty Deed (Lots 17 and 18), • Mutual Quitclaim Deed with grantor being County of Kaua'i and State of Hawaii for Parcel B-1, • Mutual Quitclaim Deed with grantor being County of Kaua'i and State of Hawaii for Parcel B-2, • Mutual Quitclaim Deed with grantor being State of Hawaii for Parcel C. (Approved.) C 2012-385 Communication (08/28/2012) from the Civil Defense Manager, recommending Council approval for the second amendment, five (5) year lease agreement between the County of Kaua'i and Bank of Hawaii, Trustee of the Kukuiolono Park Trust Estate, which extends the lease of the County's 800 MHz radio site located at Kukuiolono Park in Kaldheo, Kaua'i, Hawaii, for emergency radio communications for the County of Kauai, which license fee will be paid in incremental increases of three percent (3%) each year for the five (5) year period commencing July 1, 2012. 0 Second Amendment of License Agreement (Deferred.) Council Meeting Follow-4 .emo to the Mayor September 27, 2012 Page 4 C 2012-386 Communication (09/14/2012) from the Housing Director, requesting Council approval of the following: Purchase Agreement between County of Kaua'i and Westridge Properties LLC, for the Purchase of Real Property identified as Parcel 1 TMK (4) 3-6-09-01, and Parcel 2 TMK (4) 3-6-04-09, Uihu'e, Kaua'i, Hawaii. (Approved.) CLAIMS: C 2012-387 Communication (08/28/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by Manuel J. Soares, 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 2012-388 Communication (08/28/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by Melvin Manibog, for damage to his 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.) RESOLUTIONS: Resolution No. 2012-52, RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO REPEAL CHAPTER 171C OF THE HAWAII REVISED STATUTES (ACT 55, SESSION LAWS OF HAWAII 2011) RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE PUBLIC LAND DEVELOPMENT CORPORATION (PLDC) (Approved as Amended to Resolution No. 2012-52, Draft 1.) Proposed Draft Bill (No. 2450) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN LIHU'E, KAUAI (Approved on ls' reading, Public Hearing scheduled for 1012412012, and referred to the Planning Committee.) BILLS FOR SECOND READING: Bill No. 2433, Draft I — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO AMENDING THE COMPREHENSIVE ZONING ORDINANCE IN ITS ENTIRETY (Deferred to Council Meeting on 1111412012.) Council Meeting Follow-i Aemo to the Mayor September 27, 2012 Page 5 Bill. No. 2447 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND - CIP (Approved.) Bill No. 2448 — AN ORDINANCE AMENDING ORDINANCE NO. B -2012- 736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING AMOUNTS ESTIMATED IN THE GENERAL FUND (Approved.) 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