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Home My WebLink About10/26/2012 10/24/2012 Council meeting follow-up letterI'll COUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali'i Nadine K. Nakamura Mel Rapozo OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk Council Services Division 4396 Rice Street, Suite 209 Llhu'e, Kaua'i, Hawaii 96766 101910M October 26, 2012 TO: Bernard P. Carvalho, Jr., Mayor FROM: Jay Furfaro, Council Chair RE: OCTOBER 24, 2012, COUN - 1 Telephone (808) Fax (808) 241-6349 Email cokcouncilakauai.go CONSENT CALENDAR: C 2012-408 Communication (10/05/2012) from the Budget and Purchasing Director, transmitting for Council consideration, amendments to Ordinance No. R-2012-736, as amended, relating to the Fiscal Year 2012-2013 Operating Budget and Ordinance No. B-2012-737, as amended, relating to the Fiscal Year 2012-2013 Capital Budget to reduce the Capital Improvement Projects (CIP) funding level for three (3) FEMA eligible projects due to the recent approval of FEMA reimbursements. (Received for the Record.) C 2012-409 Communication (10/12/2012) from Council Chair Furfaro, transmitting for Council consideration a proposed Ordinance Amending Ordinance No. B-2012-736, as amended, relating to the Fiscal Year 2012-2013 Operating Budget, to provide a $31,000.00 grant administered by the Office of the Mayor for the Teen Court Program. (Received for the Record.) C 2012-410 Communication (10/18/2012) from Council Chair Furfaro, transmitting for Council consideration, A Proposed Bill For An Ordinance Relating to General Provisions Relating to Finance, Establishing a Reserve Fund and a Reserve Fund Policy. (Received for the Record.) COMMUNICATIONS: C 2012-411 Communication (09/24/2012) from Council Chair Furfaro, requesting the presence of the County Engineer to provide an update to the Council on the status of the Kapaia Swinging Bridge repairs. This briefing should include but not be limited to, permitting issues and conditions placed on the County by the State Historic Presevation Division. (Received for the Record.) C 2012-412 Communication (10/05/2012) from the Fire Chief, requesting Council approval to expend approximately $5,400.00 from the Prevention Bureau's AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor October 26, 2012 Page 2 Equipment Account for a 10kw generator to be used with the new educational/safety trailer. (Approved.) C 2012-413 Communication (10/08/2012) from the Director of Budget and Purchasing, transmitting for Council information, FY 2012-2013 1st Quarter Statement of Equipment Purchases, pursuant to Section 17 of the Operating Budget Ordinance No. B-2012-736. (Received for the Record.) C 2012-414 Request (10/17/2012) from the Office of the County Attorney for authorization to expend up to $75,000 for special counsel's continued services provided in County of Kaua'i vs. Michael Guard Sheehan, et al., Civil No. 11 -1 -0098 (Condemnation), Fifth Circuit Court, and related matters. (Approved.) C 2012-415 authorization to 12-1-0229 Circuit Court), and related matters. (Approved) LEGAL DOCUMENT: 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 K ' aldheo, Kauai, Hawaii, for emergency radio communications for the County of Kaua'i, 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. Q) Second Amendment of License Agreement (Deferred.) C 2012-416 Communication (10/18/2012) from Ian Jung, Deputy County Attorney, recommending Council approval to acquire Lot I-C (Ibbs Subdivision), Waipouli, Kawaihau, Kaua'i, Hawaii through an Exchange Deed with Ryan Richard Rutt, Jennifer Anne Rutt, Kenneth G. Barker, as trustee of the Kenneth G. Barker Trust dated March 20, 2008, Melissa A. Barker, as trustee of the Melissa A. Barker Trust dated March 20, 2008, Harvey L. Cohen, as trustee of The Cohen Family Trust under unrecorded Trust Agreement dated July 24, 2008, Frank Mashevich, LTJ Colby Properties Hawaii LLC, Patrick L. Ibbs, and Stephanie A. Ibbs, as previously approved by the Council through Resolution No. 2008-3 Exchange Deed (TMK: (4) 4-4-004-028 (por.), TMK: (4) 4-4-004:003 (por.), TMK: (4) 4-4-004:053 (por.) (Approved.) C 2012-417 Communication (10/01/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua'i by State Farm Insurance, as Request (10/17/2012) from the Office of the County Attorney for expend funds up to $15,000.00 for special counsel's continued Council Meeting Follow -up Memo to the Mayor October 26, 2012 Page 3 subrogee of Diane C. Cooke, for damage to her 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 -418 Communication (10/09/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Christopher J. Gandeza, 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 -419 Communication (10/10/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Kauai Island Utility Cooperative, for damage to their property, 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 -420 Communication (10/11/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Wally Iwasaki, for personal injury, 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.) COMMITTEE REPORTS: APPROVED. BILLS FOR FIRST READING: Proposed Draft Bill (No. 2454) — 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 (FEMA Reimbursement) (Approved on 1S reading, Public Hearing scheduled for 1112812012, and referred to the Committee of the Whole.) Proposed Draft Bill ; (No. 2455) — 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 THE AMOUNTS ESTIMATED IN THE GENERAL FUND (FEMA Reimbursement) (Approved on Pt reading, Public Hearing scheduled for 1112812012, and referred to the Committee of the Whole.) Council Meeting Follow -up Memo to the Mayor October 26, 2012 Page 4 Proposed Draft Bill (No. 2456) — 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 THE AMOUNTS ESTIMATED IN THE GENERAL FUND ($31,000.00 Teen Court Grant) (Approved on 1st reading, Public Hearing scheduled for 1112812012, and referred to the Committee of the Whole.) Proposed Draft Bill (No. 2457) - A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO GENERAL PROVISIONS RELATING TO FINANCE, ESTABLISHING A RESERVE FUND AND A RESERVE FUND POLICY (Approved on 1St reading, Public Hearing scheduled for 1112812012, and referred to the Committee of the Whole.) BILLS FOR SECOND READING: Bill No. 2446, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS FARES (See also CR -HTE 2012 -12; the Housing / Transportation / Energy Conservation & Efficiency Committee recommended approval as amended to Draft I on October 17, 2012.) (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