HomeMy WebLinkAbout11-04-2009 Recap Memo
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COUNTY COUNCIL ~G OFFICE OF THE COUNTY CLERK
BILL "KAIPO" ASING, CHAIR Council Services Division
JAY FURFARO, VICE CHAIR O Elections Division
TIM BYNUM -~J r
DICKIE CHANG PETER A. NAKAMURA, County Clerk
DARYL W. KANESHIRO
LANI T. KAWAHARA OF Telephone: (808) 241-6371
DEREK S.K. KAWAKAMI 4396 RICE STREET, ROOM 206 Facsimile: (808) 241-6349
LIHU`E, KAUAI, HAWAII 96766-1371
E-mail: cokcouncil@kauai.gov
MEMORANDUM
November 5, 2009
TO: BERNARD P. CARVALHO, JR., MAYOR
FROM: BILL "KAIPO" ASING, COUNCIL CHAIR`
SUBJECT: NOVEMBER 4, 2009 COUNCIL MEETING
This is to inform you of the action taken by the Council at its November 4, 2009
Council meeting and any follow-up that was requested:
C 2009-334 Communication (10/22/2009) from Bill "Kaipo" Asing, Council
Chair, requesting an update by Dr. Karl Kim and the Planning Department on the
Important Agriculture Lands Study: Received for the record.
C 2009-335 Communication (09/18/2009) from the Chief of the Engineering
Division, Department of Public Works, transmitting for Council approval,
resolutions to establish crosswalks, stops, stop lines, speed limits, school bus stops,
and public transportation bus stops within the Port Allen Residential Subdivision,
Koloa District: Received for the record.
C 2009-336 Communication (10/01/2009) from the Chief of the Building
Division, Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for August 2009 that includes the following:
1) Building Permit Processing Report
2~ Building Fermit Estimated Value of Plans Summary
3 Bull Ing ermlts Tracking Report
4) Building Permits Status
Received for the record.
C 2009-337 Communication (10/01/2009) from the Chief of the Building
Division, Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for September 2009 that includes the
followin
1f: Bui ing ~ermit fir0tjc;rsj1 n~TII~e ort
2) ~ 1 1 P villu@ pf Plans Summary
3) Building Permits Tracking Report
Receividd fo y$ge(.mits Status
AN EQUAL OPPORTUNITY EMPLOYER
Bernard P. Carvalho, Jr., Mayor
November 5, 2009
Page 2 of 6
C 2009-338 Communication (10/07/2009) from the Assistant Chief
Procurement Officer, transmitting for Council information, the Fiscal Year 2009-
2010 First Quarter Statement of Equipment Purchases: Received for the record.
C 2009-339 Communication (10/08/2009) from the Chief of the Engineering
Division, Department of Public Works, transmitting for Council approval, a
resolution which establishes a 15 m.p.h. speed limit for the entire length along
Makamae Place for the Canela Residential Subdivision in Hanalei: Received for
the record.
C 2009-340 Communication (10/09/2009) from Councilmember Derek S.K.
Kawakami, transmitting for Council consideration, amendments to Chapter 16,
Article 20, of the Kauai County Code 1987, by adding a new section relating to the
use of mobile electronic devices while operating a vehicle: Received for the
record.
C 2009-341 Communication (10/15/2009) from Council Vice Chair Jay
Furfaro, transmitting for Council consideration, amendments to Chapter 5A, Article
11A, Section 5A-11A.1, of the Kauai County Code 1987, by amending the
Limitations to Taxes For Property Used for Long Term Affordable Rental:
Received for the record
C 2009-342 Communication (10/23/2009) from Councilmember Tim Bynum,
transmitting for Council consideration, a resolution amending the County Council's
rules to permit the Council Chair to place items received after the deadline set forth
in Rule 15 on the agenda, provided that notice meets the requirements of
Section 92-7 of the Hawaii Revised Statutes: Received for the record.
C 2009-343 Communication (10/23/2009) from the Housing Director,
transmitting for Council consideration, an amendment to the 2009-2010 Capital
Budget Ordinance - General Fund appropriation for Affordable Housing which
intends to expand the proposed use of said funds beyond just infrastructure
improvements: Received for the record.
C 2009-344 Communication (10/01/2009) from the County Engineer,
requesting Council approval to write-off delinquent tipping fees in the amount of
$6,044.98 for Eric Taniguchi dba Eric Taniguchi Trucking & Equipment
("Taniguchi") (Account #55445-432027), pursuant to Kauai County Code Section 21-
9.4, relating to uncollectible delinquent tipping fee accounts (Department of Public
Works Solid Waste Division): Approved.
C 2009-345 Communication (10/01/2009) from the Office of Economic
Development Director, requesting Council approval to apply for, receive, indemnify,
and expend approximately $100,000 in grant funds from the Hawaii Tourism
Authority's Natural Resources Program which will help to fund the Po`ipu Beach
Restoration Study: Approved.
C 2009-346 Communication (10/06/2009) from the Housing Director,
requesting Council approval to apply for, receive, indemnify, and expend $132,000
in Fiscal Year 2009 Administration Fee Funding for Housing Choice Voucher
Family Self-Sufficiency Program Coordinator salaries from the U.S. Department of
Bernard P. Carvalho, Jr., Mayor
November 5, 2009
Page 3 of 6
Housing and Urban Development which will be utilized to fund two (2) existing
positions, and applicable fringe benefits associated with the positions: Approved
C 2009-347 Communication (10/12/2009) from the Boards and Commissions
Administrator, requesting Council approval to erase and/or dispose of all stored
analog and digital audio recordings from various boards and commissions meetings,
all of which have been transcribed into minutes and approved by the respective
board or commission: Received for the record by request of the Boards and
Commission's Administrator.
C 2009-348 Communication (10/13/2009) from the Housing Director,
requesting Council approval to decline repurchase of Unit No. 73, Villas at Puali,
located at 1978 Hokulei Place, Lihu`e, Hawaii 96766, and provide the owners a
one-year waiver of the County's repurchase right effective the date of the Council's
decision: Approved.
C 2009-349 Communication (10/13/2009) from the Housing Director,
requesting Council approval to decline repurchase of Unit No. 81, Villas at Puali,
located at 1481 Haleukana Street, Lihu`e, Hawaii 96766, and provide the owners a
one-year waiver of the County's repurchase right effective the date of the Council's
decision: Approved.
C 2009-350 Communication (10/13/2009) from the Housing Director,
requesting Council approval to decline repurchase of Unit No. 35, Villas at Puali,
located at 1961 Hokunui Place, Lihu`e, Hawaii 96766, and provide the owners a
one-year waiver of the County's repurchase right effective the date of the Council's
decision: Approved.
C 2009-351 Communication (10/16/2009) from the Executive on Aging,
Agency on Elderly Affairs, requesting Council approval to receive, expend three (3)
Federal grant funds, and indemnify the State Executive Office on Aging, in the
amount of $271,399 which is the combined total that covers funding from July 1,
2009 through September 29, 2012 as follows:
1) "Development and Implementation of a Person-Centered Hospital
Discharge Model" is for the period of July 1, 2009 through September
29, 2012 in the amount of $154,750 over a three (3) year period;
2) "Aging and Disability Resource Centers: Empowering Individuals to
Navigate Their Health and Long Term Support Options" is for the
period of September 30, 2009 through September 29, 2012 in the
amount of $58,286 over a three (3) year period; and
3) "Hawai`i's Community Living Program: Supporting Choice and
Independence in the Community" for the period September 30, 2009
through September 29, 2011 in the amount of $58,383 over a two (2)
year period.
Approved.
Bernard P. Carvalho, Jr., Mayor
November 5, 2009
Page 4 of 6
C 2009-352 Request (10/29/2009) from the Office of the County Attorney for
authorization to expend additional funds up to $65,000 to engage special counsel to
represent Defendants Department of Transportation and County of Kaua'i in the
lawsuit entitled Kathleen Ah Quin v. County of Kaua'i, Department of
Transportation (USDCT) Civ. No. CV 08-00507 JMSBMK and related matters:
Approved.
C 2009-353 Request (10/29/2009) from the Office of the County Attorney
requesting approval to expend up to $25,000 for special counsel's continued
representation of County defendants in Michael G. Ching v. Kauai County Council,
Civil No. 05-1-0080 (Fifth Circuit Court); County of Kauai, et al. v. Office of
Information Practices, et al., Civil No. 05-1-0088 (Fifth Circuit Court) and Raymond
L. Chuan and Walter S. Lewis v. County of Kauai, et al., Civil No. 05-1-0168 (Fifth
Circuit Court) and related matters: Approved.
LEGAL DOCUMENT:
C 2009-354 Communication (10/19/2009) from the Housing Director,
requesting Council approval of Contract No. 4359, Pa`anau Development Sewage
Treatment Agreement, Third Amendment as follows:
• Third Amendment to Contract No. 4359 between Kukui`ula South Shore
Community Services ("KUSSCS") and the County of Kauai establishing new
fees for sewage treatment services to the Pa`anau Development for a five (5)
years period beginning July 1, 2009 which establishes a new base fee of $4
per thousand gallons and a minimum monthly charge of $2,600: Approved.
CLAIMS:
C 2009-355 Communication (10/19/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Juliette Souza for
damages 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.
COMMITTEE REPORTS: APPROVED.
RESOLUTIONS:
Resolution No. 2009-62, RESOLUTION AMENDING RULES OF THE
COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF
COMMITTEES AND THE TRANSACTION OF BUSINESS (Travel Requests):
Received for the record.
Resolution No. 2009-63, RESOLUTION ESTABLISHING A CROSSWALK
AT PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY
OF KAUAI: Approved.
Resolution No. 2009-64, RESOLUTION ESTABLISHING A SCHOOL BUS
STOP AT `OKUPU STREET, PORT ALLEN RESIDENTIAL SUBDIVISION,
KOLOA DISTRICT, COUNTY OF KAUAI. Approved
Bernard P. Carvalho, Jr., Mayor
November 5, 2009
Page 5 of 6
Resolution No. 2009-65, RESOLUTION ESTABLISHING SPEED LIMITS
WITHIN PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT,
COUNTY OF KAUAI: Approve&
Resolution No. 2009-66, RESOLUTION ESTABLISHING A PUBLIC
TRANSPORTATION BUS STOP -AT `OKUPU STREET, PORT ALLEN
RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI:
Approved.
Resolution No. 2009-67, RESOLUTION ESTABLISHING STOP SIGNS AND
STOP LINES ON COUNTY ROADWAYS WITHIN PORT ALLEN RESIDENTIAL
SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI: Approved.
Resolution No. 2009-68, RESOLUTION ESTABLISHING SPEED
RESTRICTION FOR MAKAMAE PLACE, HANALEI DISTRICT, COUNTY OF
KAUAI: Approve&
Resolution No. 2009-69, RESOLUTION AMENDING RULES OF THE
COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF
COMMITTEES AND THE TRANSACTION OF BUSINESS: Failed adoption.
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2336 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE TRAFFIC CODE: Approved on first reading, public
hearing scheduled for December 2, 2009, and thereafter referred to the
Public Safety/Energy/Intergovernmental Relations Committee.
Proposed Draft Bill No. 2337 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUA`I COUNTY CODE 1987, RELATING TO LIMITATION OF
TAXES ON PROPERTY USED FOR LONG TERM AFFORDABLE RENTAL:
Approved on first reading, public hearing scheduled for December 2, 2009,
and thereafter referred to the Budget & Finance Committee.
Proposed Draft Bill No. 2338 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2009-691, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF
KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH
JUNE 30, 2010, BY REVISING PROJECT DESCRIPTION IN THE GENERAL
FUND (Affordable Housing - $1,000,000.00): Approved on first reading, public
hearing scheduled for December 2, 2009, and thereafter referred to the
Budget & Finance Committee.
Bernard P. Carvalho, Jr., Mayor
November 5, 2009
Page 6 of 6
BILLS FOR SECOND READING:
Bill No. 2319, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8,
Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection):
Approved as amended to 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.
RW/lki
Copy: Council
via e-mail: County Attorney (via Joy Goto)
County Engineer (via Mari Chan)
Eve Domingcil (Fire Department)
Leonard Rapozo, Jr., Director of Parks & Rec. (Dept. of Parks & Rec.)
Alvin Honda, Budget Administrator (Finance Dept.)
Rhonda Lizama, Private Secretary (Finance Dept.)
Clint Saiki, Fiscal Management Officer (Public Works Dept.)
Lynn Kuboyama, Fiscal Officer (Dept. of Parks & Recreation)
Cathy Simao, Private Secretary (Dept. of Parks & Recreation)
Staff