HomeMy WebLinkAbout05/29/2014 05/28/2014 Council Meeting Follow-up Letter COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair es, $ 4 \
Mason K. Chock, Sr.,Vice Chair �G
Tim Bynum oo , Ricky a,Deputy County Clerk
Gary L.Hooserq Jade K.Fountain-Tanigawa,Deputy County Clerk
Ross Kagawa , tpa a
Mel Rapozo 9 a'4 Telephone(808)241-4188
JoAnn A.Yukimura oF A Fax (808)241-6349
Email cokcouncil @kauai.gov
Council Services Division
4396 Rice Street, Suite 209
L hu`e,Kauai,Hawaii 96766
MEMORANDUM
May 29, 2014
TO: Bernard P. Carvalho, Jr., Mayor
FROM: Jay Furfaro, Council Chair
RE: MAY 28, 2014 COUNCIL MEETING RECAP
This is to inform you of the action taken by the Council at its
May 28, 2014 Council Meeting:
CONSENT CALENDAR:
C 2014-134 Communication (05/07/2014) from the Mayor, submitting his
supplemental budget communication for Fiscal Year 2014-2015 and proposed
amendments to the budget bills, pursuant to Section 19.02A of the Kaua`i County
Charter. (Received for the Record.)
C 2014-158 Communication (05/02/2014) from the Director of Finance,
transmitting for Council information, the Period 9 Financial Report - Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of March 31, 2014,
pursuant to Section 21 of Ordinance No. B-2013-753, relating to the Operating
Budget of the County of Kaua`i for Fiscal Year 2013-2014. (Copies of the Period 9
Financial Reports as of March 31, 2014 on file in the County Clerk's Office.)
(Received for the Record.)
C 2014-159 Communication (05/09/2014) from the County Engineer,
transmitting for Council information, the following monthly Building Permit
Reports for the months of January, February, March, and April 2014:
(1) Permit Processing Report - Information on quantity and value of
incoming applications, value of permits issued, and status of revolving
Fund;
(2) Building Permit Value Summary - Graph of monthly Building Permit
values;
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AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Follow-up Memo to the Mayor
May 29, 2014
Page 2
(3) Building Permit Tracking Report — Summary of processing times
overall and by Agency for all permits issued during the reporting
period; and
(4) Building Permits Status: All current open applications — Summary
review times overall and by Agency for all Building outstanding permit
applications. (Copies on file in the County Clerk's Office.)
(Received for the Record.)
C 2014-161 Communication (05/16/2014) from Councilmember Bynum,
transmitting for Council consideration, a proposed Bill for an Ordinance to amend
Chapter 5A of the Kaua`i County Code 1987, as amended, relating to Real Property
Taxes, to include "Agronomics" as an additional Real Property Tax Rate
Classification, to amend the definition of "agricultural use," and to require the
Director of Finance to submit annual reports involving all agricultural dedicated
properties to the Mayor and the County Council. (Received for the Record.)
C 2014-162 Communication (05/19/2014) from Councilmember Yukimura,
transmitting for Council consideration, a Resolution amending Resolution
No. 2014-57, Draft 1, to amend the deadline for the Affordable Housing Advisory
Committee to file its report with the Council, which is currently due on
May 30, 2014. (Received for the Record.)
COMMUNICATIONS:
C 2014-160 Communication (05/16/2014) from Council Vice Chair Chock,
transmitting for Council consideration, a Resolution encouraging the use of
Alternative Dispute Resolution (ADR) methods for conflict prevention in the County
of Kauai, to increase awareness of the various ADR processes and to encourage our
County to resolve disputes in an impartial and peaceful manner. (Received for the
Record.)
C 2014-163 Communication (05/21/2014) from Councilmember Hooser and
Councilmember Rapozo, transmitting for Council consideration, a Resolution
Expressing No Confidence In And Requesting The Resignation Of The County
Attorney. (Received for the Record.)
C 2014-164 Communication (05/22/2014) from the County Clerk,
transmitting a 2014 Charter amendment petition relating to "A New Article XXXIII
to Protect From Hazards of GMO Agriculture, Toxins and Testing, Establish an
Administrator of Environmental Health, and Provide for Enforcement" submitted
by petitioners' committee "Kaua`i Rising" pursuant to Section 24.01(B) of the Kaua`i
County Charter. (Received for the Record.)
C 2014-125 Communication (04/17/2014) from the County Attorney,
requesting authorization to expend funds up to $15,000 to retain Special Counsel to
advise the Council concerning coverage under the County's insurance policy with
Everest National Insurance Company, in connection with the lawsuit Tim Bynum
vs. County of Kauai, et al., Civil No. CV12-00523 JMS-RLP (United States District
Court), and related matters. (Deferred.)
Council Meeting Follow-up Memo to the Mayor
May 29, 2014
Page 3
C 2014-152 Communication (05/02/2014) from the County Attorney,
requesting authorization to expend funds up to $50,000 for Special Counsel's
continued services to represent Henry Barriga and Sherwin Perez in Lvnell
Tokuda, et al. vs. Chris Calio, et al., Civil No. CV13-00202 DKW-BMK
(U.S. District Court), and related matters. (Approved as amended to expend
funds up to $15,000.)
C 2014-165 Communication (05/07/2014) from the Executive on
Transportation, requesting Council approval to accept a donation of four (4) full-size
transit buses from the City and County of Honolulu, Department of Transportation
Services, and the donation of free shipment for two (2) buses by Young Brothers,
which will be used to address growth in demand resulting in the overcrowding on
several bus routes. (Approved with thank-you letter to follow.)
C 2014-166 Communication (05/07/2014) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend State funds in the
amount of $37,217, and approval to indemnify the State of Hawaii, Department of
the Attorney General, for the term commencing July 1, 2014 for the Kaua`i Victim
Witness Assistance Program. (Approved.)
C 2014-167 Communication (05/07/2014) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend Federal funds in the
amount of$199,504, and approval to indemnify the State of Hawaii, Department of
the Attorney General, for the term commencing August 1, 2014, for the Kaua`i
Victim of Crime Act (VOCA) Expansion Project. (Approved.)
C 2014-168 Communication (05/16/2014) from the Hawaii State Association
of Counties (HSAC) President Mel Rapozo, transmitting for Council approval the
slate of officers for the HSAC Executive Committee and Board of Director
nominations for the National Association of Counties (NACo) and the Western
Interstate Region (WIR) for the 2014-2015 term, pursuant to Section 5, Section 5A,
and Section 5C of the Bylaws of the Hawaii State Association of Counties, Inc.
(Approved.)
LEGAL DOCUMENT:
C 2014-169 Communication (05/19/2014) from the County Engineer,
recommending Council approval to secure a Construction Right-of-Entry and
Governor's Executive Order for a portion of the Lihu`e State Building parcel, for the
purpose of providing additional parking and sidewalk modifications along Hardy
Street, Lihu`e, which includes indemnification of the State of Hawaii, Department
of Land arid Natural Resources, situated at Tax Map Key (TMK)
No: (4) 3-6-005:011.
• Right-of Entry Agreement
(Approved.)
CLAIM:
C 2014-170 Communication (05/14/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Sheilah Miyake, c/o
Peter W. Olsen, esq., for reimbursement of legal fees and expenses, 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.)
•
•
Council Meeting Follow-up Memo to the Mayor
May 29, 2014
Page 4
COMMITTEE REPORTS: APPROVED.
RESOLUTIONS:
Resolution No. 2014-11, Draft 1 — RESOLUTION ESTABLISHING THE
REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2014 TO
JUNE 30, 2015 FOR THE COUNTY OF KAUAI (Approved.)
Resolution No. 2014-22 — RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO THE CODE OF ETHICS (Deferred.)
Resolution No. 2014-33 — RESOLUTION ENCOURAGING THE ROLE OF
ALTERNATIVE DISPUTE RESOLUTION METHODS FOR CONFLICT
PREVENTION IN THE COUNTY OF KAUAI (Approved.)
Resolution No. 2014-34 — RESOLUTION AMENDING
RESOLUTION NO. 2013-57, DRAFT 1, ESTABLISHING AN AFFORDABLE
HOUSING ADVISORY COMMITTEE (Approved.)
Resolution No. 2014-35 — RESOLUTION EXPRESSING NO CONFIDENCE
IN AND REQUESTING THE RESIGNATION OF THE COUNTY ATTORNEY
(Motion to Approve failed.)
BILL FOR FIRST READING:
Proposed Draft Bill (No. 2546) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAXES (Approved on 1st reading, Public Hearing
scheduled for 06/10/2014, and referred to the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development /
Sports & Recreation Development / Other Economic Development Areas)
Committee.)
BILLS FOR SECOND READING:
Bill No. 2537, Draft 1 — A BILL FOR AN ORDINANCE RELATING TO THE
OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2014 TO JUNE 30, 2015 (Mayor's Operating Budget) (Approved.)
Bill No. 2538, Draft 1 — A BILL FOR AN ORDINANCE RELATING TO
CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2014 TO JUNE 30, 2015 (Mayor's CIP Budget) (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.
cc: KCT Department Heads (Via E-mail)
KCT CCs (Via E-mail)
Council Services Staff(Via E-mail)