The URL can be used to link to this page

Home My WebLink About 08/30/2013 08/28/2013 Council Meeting Follow-up Letter COUNTY COUNCIL °; = OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair / Q.� Nadine K.Nakamura,Vice Chair �' ,, Ricky Watanabe,County Clerk Tim Bynum jt �►� , r ' fo Jade K. Fountain-Tanigawa,Deputy County Clerk Gary L.Hooser rt ,l; Ross Kagawa Telephone(808)241 4188 Mel Rapozo OF _ = Fax (808)241-6349 JoAnn A.Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 LThu`e,Kauai,Hawaii 96766 MEMORANDUM August 30, 2013 TO: Bernard P. Carvalho, qJ�r., Mayor Ch FROM: Jay Furfaro, Council a RE: AUGUST 28, 2013 COUNCIL MEETING RECAP This is to inform you of the action taken by the Council at its August 28, 2013 Council Meeting: CONSENT CALENDAR: C 2013-290 Communication (07/31/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Anne K. Schneider to the Kauai Historic Preservation Review Commission for the County of Kaua`i (Designation — Planning) — Term ending 12/31/2015. (Received for the Record.) C 2013-291 Communication (08/20/2013) from Council Chair Furfaro, transmitting for Council consideration, a Bill for an Ordinance to Amend the Kaua`i County Code 1987, as amended, by Adding a New Article to Chapter 4, relating to the Registration and Regulation of Lobbyists. (Received for the Record.) C 2013-292 Communication (08/20/2013) from Council Vice Chair Nakamura, transmitting for Council consideration, proposed amendments to Chapter 8 of the Kauai County Code 1987, as amended, relating to Bus Stops for Commercial Development. (Received for the Record.) C 2013-293 Communication (08/22/2013) from Councilmember Yukimura, transmitting for Council consideration, a Resolution Amending Resolution No. 2013-02, relating to the Rules of the Council of the County of Kaua`i for the Organization of Committees and the Transaction of Business. (Received for the Record.) b-10 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor August 30, 2013 Page 2 COMMUNICATIONS: C 2013-269 Communication (07/17/2013) from the Prosecuting Attorney, requesting Council approval to establish and hire one (1) fifty percent (.50) Full-Time Equivalent (FTE) Office of the Prosecuting Attorney (OPA) Special Investigator position on an 89-day contractual basis utilizing funding currently budgeted in OPA. (Approved.) C 2013-294 Communication (07/05/2013) from the County Engineer, requesting agenda time to provide a progress update of the Proposed New Landfill and Resource Recovery Park. (Referred to the September 4, 2013 Environmental Services /Public Safety / Community Assistance Committee Meeting.) C 2013-295 Communication (07/17/2013) from Council Chair Furfaro, requesting the presence of the Director of Economic Development, to provide an update on the East and West Kaua`i Soil and Water Conservation District 2012 Annual Report. (Received for the Record.) C 2013-296 Communication (08/01/2013) from the Executive on Transportation, requesting Council approval to receive, indemnify, and expend the Federal Fiscal Year 2013 Federal Transit Administration (FTA) Section 5311 Annual Apportionment provided to the County of Kaua`i for the following: 1) "Formula Grant for Other Than Urbanized Areas" in the amount of$1,000,000 to support public transit operations. 2) "Rural Transit Assistance Program" for an unspecified portion of the statewide award of $95,947, which will be allocated among the State of Hawai`i Department of Transportation (DOT), County of Maui, County of Kaua`i, and County of Hawai`i for transit training and technical assistance. (Approved.) C 2013-297 Communication (08/01/2013) from Jennifer S. Winn, Deputy County Attorney, transmitting for Council information the Quarterly Report on Settled Claims Against the County of Kaua`i from April 1, 2013 through June 30, 2013. (Received for the Record.) C 2013-298 Communication (08/07/2013) from Councilmember Yukimura, requesting Council consideration to release the County Attorney opinion dated May 2, 2013 relating to County Funding Of Trap-Neuter-Release Efforts. (Approved.) C 2013-299 Communication (08/14/2013) from the County Attorney, requesting authorization to expend funds up to $50,000 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. (Deferred to the September 4, 2013 Special Council Meeting.) C 2013-300 Communication (08/14/2013) from the County Attorney, requesting authorization to expend funds up to $20,000 for Special Counsel's continued services provided for the County of Kaua`i in Jeffrey Sampoang vs. Harvey Brothers, LLC; et al., Civil No. 12-1-0294 JKW (Fifth Circuit Court), and related matters. (Deferred to the September 4, 2013 Special Council Meeting.) Council Meeting Follow-up Memo to the Mayor August 30, 2013 Page 3 C 2013-301 Communication (08/15/2013) from the Director of Finance, transmitting for Council information, the Inventory Report for the Fiscal Year Ending June 30, 2013. (Received for the Record.) EDR 2013-02 Communication (07/24/2013) from Councilmember Yukimura, requesting agenda time to discuss and approve a proposed amendment to Chapter 196, Hawai`i Revised Statutes (HRS), (Solar Water Heating Law for New Single-Family and Duplex Construction) that would require an application for a variance based on consumer choice and energy efficiency, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. (Approved.) EDR 2013-03 Communication (07/24/2013) from Councilmember Yukimura, requesting agenda time to discuss and approve a proposed amendment to Senate Bill (S.B.) 16, Senate Draft (S.D.) 2 amending Chapter 196, Hawaii Revised Statutes (HRS), (Solar Water Heating Law for New Single-Family and Duplex Construction) by requiring variance applications and requirements to be handled by the Counties, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. (Deferred.) EDR 2013-05 Communication (08/02/2013) from Councilmember Rapozo, transmitting for Council consideration, House Bill (H.B.) 215 Relating to Liability, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. (Approved.) LEGAL DOCUMENTS: C 2013-302 Communication (08/15/2013) from Ian K. Jung, Deputy County Attorney, recommending Council approval of the following: • Dedication Deed by Kukui`ula Development Company (Hawai`i), LLC, conveying to the County of Kaua`i Roadway Lot 18, Kukui`ula Large Lot Subdivision III (TMK: (4) 2-6-015:018) and Roadway Lot 19, Kukui`ula Large Lot Subdivision III (TMK: (4) 2-6-015:019), Koloa, Kaua`i, Hawai`i. • Dedication Deed by Kukui`ula Development Company (Hawai`i), LLC, conveying to the County of Kaua`i Lot 427-C, Land Court Application No. 956 (Amended) (TMK: (4) 2-7-003:009), Koloa, Kaua`i, Hawai`i for the Western Bypass Road Link. • Kukui`ula Improvements Maintenance Agreement with Kukui`ula Development Company (Hawai`i), LLC, TMK: (4) 2-6-015:018, TMK: (4) 2-6-015:019, and TMK: (4) 2-7-003:009, Koloa, Kaua`i, Hawai`i, for maintenance commitments as outlined in the agreement. (Approved with authorization to change the name from Kukui`ula Development Company (Hawai`i), LLC, to Kuhui`ula Development Company (Hawai`i), Inc. on all pertaining legal documents.) Council Meeting Follow-up Memo to the Mayor August 30, 2013 Page 4 CLAIMS: C 2013-303 Communication (08/09/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Milagros M. Ibanez, for damage to her 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 2013-304 Communication (08/13/2013) from the Deputy County Clerk, transmitting a claim for reimbursement filed against the County of Kaua`i by Liberty Mutual Fire Insurance Company as subrogee for Kaua`i Island Utility Cooperative, 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. 2013-66 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Anne K Schneider) (Approved.) Resolution No. 2013-67 — RESOLUTION AMENDING RESOLUTION NO. 2013-02 RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS (Deferred.) BILLS FOR FIRST READING: Proposed Draft Bill (No. 2497) — A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE TO CHAPTER 4, RELATING TO THE REGISTRATION AND REGULATION OF LOBBYISTS (Approved on 1st reading, Public Hearing scheduled for 09/25/2013, and referred to the Committee of the Whole.) Proposed Draft Bill (No. 2498) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS STOPS FOR COMMERCIAL DEVELOPMENT (Kaua`i County Council, Applicant) (Referred to the Planning Commission.) BILLS FOR SECOND READING: Bill No. 2489, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO LOW AND MODERATE-INCOME HOUSING AND LONG TERM AFFORDABLE RENTALS (Approved.) Council Meeting Follow-up Memo to the Mayor August 30, 2013 Page 5 Bill No. 2490, Draft 1 — A BILL FOR AN ORDINANCE AMENDING SECTIONS 22-10.2, 22-10.4, 22-10.5, AND 22-10.6 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DOG LICENSES AND REGULATIONS (Deferred.) Bill No. 2492 — 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 (Approved.) Bill No. 2493 — A BILL FOR AN ORDINANCE AMENDING SECTION 22-5.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DESIGNATION OF EXCEPTIONAL TREES (Received for the Record.) Bill No. 2494 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE CODE OF ETHICS (Approved as Amended to Bill No. 2494, Draft 1.) Bill No. 2495, Draft 2 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Approved as Amended to Bill No. 2495, Draft 3.) 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