HomeMy WebLinkAbout 05/09/2013 05/08/2013 Council Meeting Follow-up Letter COUNTY COUNCIL •6,1^c" ° ,h OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair
Nadine K.Nakamura,Vice Chair / U Ricky Watanabe,County Clerk
Tim Bynum O Jade K.Fountain-Tanigawa,Deputy County Clerk
Gary L.Hooser
Ross Kagawa4aY?, HeoiurN+ r? Sa�`l Telephone(808)241-4188
Mel Rapozo '` ._ OF � f Fax p ( )
p ,� (808)241-6349
JoAnn A.Yukimura Email cokcouncil @kauai.gov
Council Services Division
4396 Rice Street, Suite 209
Lihu`e,Kauai,Hawai`i 96766
MEMORANDUM
May 9, 2013
TO: Bernard P. Carvalho, Jr., Mayor
FROM: Jay Furfaro, Council Chair
RE: MAY 8, 2013, COUNCIL MEETING REC ' -
This is to inform you of the action taken by the Council at its
May 8, 2013 Council Meeting:
CONSENT CALENDAR:
C 2013-172 Communication (04/05/2013) from the County Engineer,
transmitting for Council consideration, a Resolution Establishing Temporary
Closure Of Through Traffic at `Eiwa Street, Lihu`e District, County Of Kaua`i.
(Received for the Record.)
C 2013-173 Communication (04/09/2013) from the County Engineer,
transmitting for Council consideration, a Resolution Repealing An Existing
Crosswalk On Po`ipu Road Fronting Koloa Elementary School, Koloa District,
County Of Kaua`i. (Received for the Record.)
C 2013-174 Communication (04/09/2013) from the County Engineer,
transmitting for Council consideration, a Resolution Establishing A Rapid Flashing
Lighting System Crosswalk And An In-Road Warning Lighting System Crosswalk
On Po`ipu Road In The Vicinity Of Koloa Elementary School, Koloa District, County
Of Kaua`i. (Received for the Record.)
C 2013-175 Communication (04/09/2013) from the County Engineer,
transmitting for Council consideration, a Resolution Establishing Stop Signs And
Stop Lines On `Olohena Road At Its Intersection With Ka'apuni Road, Kawaihau
District, County Of Kaua`i. (Received for the Record.)
AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Follow-up Memo to the Mayor
May 9, 2013
Page 2
C 2013-176 Communication (04/22/2013) from Councilmember Yukimura,
providing written disclosure of a possible conflict of interest, regarding the proposed
Fiscal. Year 2013-2014 Operating Budget (Bill No. 2471) — Office of Economic
Development (OED) "Other Services" line item for the "Kaua`i Planning and Action
Alliance (KPAA) Economic Plan Implementation (Keiki to Career Program)," as
she serves on the Leadership Council that works on this particular program.
(Received for the Record.)
COMMUNICATIONS:
C 2013-177 Communication (03/06/2013) from Council Chair Furfaro,
requesting the presence of Scott Matsuura suura and James Paco ac of q g e p t Pacopac JS Ha=wai i
Consultants, LLC, to rovide the County ty Administration, County Council, and the
Department of Water with an overall update on the 2013 Hawai i. State Legislative
Session. (Received for the Record.)
C 2013-178 Communication (04/15/2013) from the Housing Director,
requesting Council approval to decline the repurchase of property in the Villas at
Pu`ali, 1962 Haleukana Street, Unit No. 62, Lihu`e, Hawai`i, and grant the owner a
one-year waiver of the buyback to allow a market sale by the owner. (Approved.)
C 2013-179 Communication (04/15/2013) from Councilmember Yukimura
and Council Chair Furfaro, requesting Council approval to release the County
Attorney opinion dated April 10, 2013 relating to Bill No. 2467, pursuant to Rule
2(a)(4), Rules of the Council of the County of Kauai. (Approved.)
C 2013-180 Communication (04/16/2013) from the Director of Parks &
Recreation, requesting Council approval to accept the donation of twenty-eight (28)
Areca palms valued at $4,200 from Joseph Brun to be used to landscape areas at
the Wailua Golf Course. (Approved with thank you letter to follow.)
C 2013-181 Communication (04/19/2013) from the Director of Parks &
Recreation, requesting Council a pp roval to a accept grant valued at $4 332 from the
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"Ananda Hawaii Fund" via the Hawai i Community Foundation for the purchase of
a new hydraulic lift chair to replace the chair that was vandalized in January 2013.
(Approved with thank you letter to follow.)
C 2013-182 Communication (04/23/2013) from Council Chair Furfaro,
requesting the presence of the Director of Planning and the Prosecuting Attorney, to
provide the Council with a briefing regarding the coordination of efforts between the
Department of Planning and the Office of the Prosecuting Attorney to enforce the
Transient Vacation Rental (TVR) ordinances and their plans for dealing with the
various enforcement issues raised by the public and Councilmembers. (Deferred.)
C 2013-183 Communication (05/02/2013) from the County Attorney,
Special Counsel's continued
requesting Council approval to expend up to $75,000 for S
services provided for Defendant Shaylene-Isere Carvalho in Tim Bynum vs. County
of Kauai, et al., Civil No. CV12-00523 RLP (U.S. District Court), and related
matters. (Approved to expend up to the additional amount of$25,000.)
Council Meeting Follow-up Memo to the Mayor
May 9, 2013
Page 3
CLAIM:
C 2013-184 Communication (04/24/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Enterprise Rent-A-Car,
for damages to its 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.)
COMMITTEE REPORTS: APPROVED.
RESOLUTIONS:
Resolution No. 2013-47, Draft 2 — RESOLUTION DETERMINING THE
COUNTY OF KAUAI FUEL TAX RATE AND REPEALING RESOLUTION
NO. 2004-06, DRAFT 2 (See also CR-HT 2013-03; the Housing and Transportation
Committee approved Resolution No. 2013-47, Draft 1 as amended to
Resolution No. 2013-47, Draft 2. Resolution No. 2013-47, Draft 2 failed passage by a
vote of 2:3.) (Approved as Amended to Resolution No. 2013-47, Draft 3.)
Resolution No. 2013-51 — RESOLUTION ESTABLISHING TEMPORARY
CLOSURE OF THROUGH TRAFFIC AT `EIWA STREET, LIHU`E DISTRICT,
COUNTY OF KAUAI (Approved.)
Resolution No. 2013-52 —. RESOLUTION REPEALING AN EXISTING
CROSSWALK ON PO`IPU ROAD FRONTING KOLOA ELEMENTARY SCHOOL,
KOLOA DISTRICT, COUNTY OF KAUAI (Approved.)
Resolution No. 2013-53 - RESOLUTION ESTABLISHING A RAPID
FLASHING LIGHTING SYSTEM CROSSWALK AND AN IN-ROAD WARNING
LIGHTING SYSTEM CROSSWALK ON PO`IPU ROAD IN THE VICINITY OF
KOLOA ELEMENTARY SCHOOL, KOLOA DISTRICT, COUNTY OF KAUAI
(Approved.)
Resolution No. 2013-54 — RESOLUTION ESTABLISHING STOP SIGNS
AND STOP LINES ON OLOHENA ROAD AT ITS INTERSECTION WITH
KA`APUNI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI
(Referred to the May 15, 2013 Public Works/Parks & Recreation Committee
Meeting.)
BILLS FOR SECOND READING:
BILL NO. 2460, Draft 1 — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 12, OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
ENTITLED "BUILDING CODE" (See also CR-PWPR 2013-05; the Public
Works/Parks & Recreation Committee recommended approval as amended to
Bill No. 2460, Draft 1 on February 20, 2013.) (Deferred.)
BILL NO. 2470, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
SECTION 23-3.7 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO CONCESSIONS AT SPOUTING HORN (Parks and Recreation
Improvement and Maintenance Revolving Fund) (See also CR-PWPR 2013-15; the
Public Works / Parks & Recreation Committee recommended approval as amended to
Bill No. 2470, Draft 1 on May 1, 2013.) (Approved.)
Council Meeting Follow-up Memo to the Mayor
May 9, 2013
Page 4
BILL NO. 2474 — 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 AND THE BEAUTIFICATION FUND
(General Fund — Department of Finance, General Liability Account $764,194.00)
(See also CR-FED 2013-09; the Finance & Economic Development (Tourism / Visitor
Industry / Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee recommended approval on second and final
reading.) (Approved.)
BILL NO. 2475 — 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 DEBT SERVICE FUND (Debt Service Fund - $2,100,000.00)
(See also CR-FED 2013-10; the Finance & Economic Development (Tourism / Visitor
Industry / Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee recommended approval on second and final
reading.) (Approved.)
BILL NO. 2476 — 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 GOLF FUND (Golf Fund $51,459.00) (See also
CR-FED 2013-11; the Finance & Economic Development (Tourism / Visitor Industry
/ Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee recommended approval on second and final
reading.) (Approved.)
BILL NO. 2477 — 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 AMENDING AN EXISTING
BUDGET PROVISO IN THE CAPITAL BUDGET RELATING TO PROJECTS
FUNDED WITH COMMUNITY FACILITIES DISTRICT BONDS (See
also CR-COW 2013-06; the Committee of the Whole recommended approval on second
and final reading.) (Approved.)
BILL NO. 2478 — A BILL FOR AN ORDINANCE TO AMEND SECTION 2,
ORDINANCE NO. 891, AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF
FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN
BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE
FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS
AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC (See also
CR-COW 2013-07; the Committee of the Whole recommended approval on second and
final reading.) (Approved.)
Council Meeting Follow-up Memo to the Mayor
May 9, 2013
Page 5
Bill No. 2479 — A BILL FOR AN ORDINANCE AMENDING SUBSECTION
(a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (See also CR-EPC
2013-05;Bill No. 2479 failed passage by a vote of 1:4.) (Motion to Approve failed.)
BILL NO. 2480, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
BUS FARES (See also CR-HT 2013-04; the Housing & Transportation Committee
recommended approval as amended to Bill No. 2480, Draft 1 on May 1, 2013.)
(Approved.)
BILL NO. 2481 — A BILL FOR AN ORDINANCE AMENDING
SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES
(See also CR-HT 2013-05; the Housing & Transportation Committee recommended
approval on second and final reading.) (Approved.)
BILL NO. 2482 — A BILL FOR AN ORDINANCE AMENDING
SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
THE COUNTY MOTOR VEHICLE WEIGHT TAX (See also CR-HT 2013-06; the
Housing & Transportation Committee recommended approval on second and final
reading.) (Motion to Approve failed.)
BILL NO. 2484, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
SECTION 5-1.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
THE COUNTY FUEL TAX (See also CR-HT 2013-07; the Housing & Transportation
Committee approved Bill No. 2484 as amended to Bill No. 2484, Draft 1.
Bill No. 2484, Draft 1 failed passage by a vote of 1:4.) (Approved as Amended to
Bill No. 2484, Draft 2.)
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.
cc: Council
Via E-mail: KCT Department Heads
KCT CCs
Staff