HomeMy WebLinkAbout02-18-2010 Recap Memo for 02-17-2010
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COUNTY COUNCIL ,vos OFFICE OF THE COUNTY CLERK
Bill "Kaipo" Asing, Chair r~
Jay Furfaro, Vice Chair' J Peter A. Nakamura, County Clerk
Tim Bynum
Dickie Chang a t: J
Daryl W. Kaneshira ~~"`?^^wo~ tiii~ Telephone (808) 241-6371
Lani T. Kawahara ° Fax (808) 241-6349
Derek S K. Kawakami Email cokcouncil(akauai.gov
Council Services Division
4396 Rice Street, Room 206
L-1hu`e, Kauai, Hawaii 96766-1371
MEMORANDUM
February 18, 2010
TO: Bernard P. Carvalho, Jr., Mayor
FROM: Bill "KaiPo" Asing, Council Chair
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SUBJECT: FEBRUARY 17, 2010, COUNCIL MEETING
This is to inform you of the action taken by the Council at its
February 17, 2010 Council meeting and any follow-up that was requested:
COMMUNICATIONS:
C 2010-10 Communication (12/24/2009) from the Fire Chief, requesting
Council approval to fund the cost of the acquisition of a public use helicopter via a
10-year lease to be used to enhance and support search and rescue, firefighting,
ocean safety, training and other services of the Kauai Fire Department and other
departments in the County of Kauai. (Approved.)
C 2010-25 Communication (01/20/2010) from the County Auditor,
requesting Council approval of a 3-year lease term with an option to extend for 962
square feet of office space for the relocation of the Office of the County Auditor.
(Deferred.)
C 2010-36 Communication (02/05/2010) from the Mayor, requesting
Council consideration and confirmation of the following appointments and
reappointments to various Boards and Commissions for the County of Kaua`1:
(1) Building Board of Appeals
Duane Curammeng - lst complete term (Electrical Background)
ending 12/31/2012
Glen Taba - Pt complete term (Building Background) ending
12/31/2012
(2) Charter Commission
Joel Guy -15t complete term ending 12/31/2012
AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 2
(3) Civil Service Commission
Ryan de la Pena - 2nd complete term ending 12/31/2012
(4) Cost Control Commission
Michelle Swartman - 2nd complete term ending 12/31/2012
(5) Fire Commission
Linda Ka`auwai-Iwamoto - 2nd complete term ending 12/31/2012
(6) Planning Commission
Caven Raco - 2nd complete term ending 12/31/2012
(7) Police Commission
Ernest Kanekoa - 1St complete term ending 12/31/2012
(Received for the record.)
C 2010-37 Statement of Condition of the County Treasury as of
December 3, 2009. (Received for the record.)
C 2010-38 Communication (02/10/2010) from Councilmember Kawakami,
providing the Council with written disclosure of a possible conflict of interest
relating to Bill No. 2342, as he serves in various capacities in the HSK Corporation,
a company which owns property in the project area, and is thus recused from any
discussion, deliberation, etc., on Bill No. 2342. (Received for the record.)
C 2010-39 Communication (02/11/2010) from Council Chair Asing and
Vice Chair Furfaro, requesting Council consideration of a draft bill appropriating
$350,000 for the Black Pot Expansion Project (land acquisition). (Received for
the record.)
C 2010-40 Communication (01/14/2010) from the Fire Chief, requesting
Council approval to donate the Fire Department's ISI Self-Contained Breathing
Apparatus (SCBA) to the State of Hawaii Airport Crash Fire as the Kauai Fire
Department has recently acquired new Scott SCBA packs for the entire department
through a federal grant. (Approved, County Attorney to work on provision
for the State to indemnify the County of Kaua`i.)
C 2010-41 Communication (01/20/2010) from the Director of Housing,
requesting Council approval to decline the repurchase of Unit No 601 Hookena at
Puhi, located at 2080 Manawalea Street, Lihu`e, Hawaii 96766, and to issue the
owners a one-year waiver of the County's repurchase right effective the date of the
Council's decision, thus permitting market resale of the unit for a period of one
year. (Approved.)
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 3
C 2010-42 Communication (01/27/2010) from the Chief of the Engineering
Division, Department of Public Works, transmitting for Council approval a
resolution for abandoning the access road off Lauoho Road, Koloa District, at TMK:
2-3-009:034, and authorizing the land transfer to the National Tropical Botanical
Garden, Kalaheo, Kauai, Hawaii. (Received for the record.)
C 2010-43 Request (02/08/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $25,000.00 to engage special
counsel's continued representation in the lawsuit entitled Kathleen Ali Quin v.
County of Kaua'l, Department of Transportation (USDCT) Civ. No. CV 08-00507
JMS/BMK and related matters. (Approved.)
C 2010-44 Request (02/09/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $20,000.00 to engage special counsel
to represent the County defendants in Wayne R. Daniel, et al., v. Kodani and
Associates Inc. et al., Civ. No. 08-1-0006 (Fifth Circuit Court) and related matters.
(Approved.)
C 2010-45 Communication (02/11/2010) from Council Chair Asing,
requesting Council reconsideration of Bill No. 2336, Draft 3, relating to mobile
electronic devices, which was unanimously approved at the February 3, 2010
Council meeting. (Received for the record.)
LEGAL DOCUMENT:
C 2010-46 Communication (01/15/2010) from the Director of Parks &
Recreation, requesting Council approval to secure a shared-use path easement at
the Kauai Shopping Village (TMK 4-4-3-08:14) in exchange for a parking and
pedestrian access easement at Waipouli Drainage Canal.
1) Grant of Reciprocal Easements Agreement by and among Kauai
Beautiful Island I, LLC; Kauai Beautiful Island II, LLC; Kauai
Beautiful Island III, LLC; Kauai Beautiful Island IV, LLC; Kauai
Beautiful Island VI, LLC and Kauai Beautiful Island VII, LLC, all
Delaware limited liability companies, and the County of Kauai that
the County shall convey to Kauai Beautiful Easement "P-1"
(Waipouli Drainage Canal) for vehicular parking and access and for
pedestrian access purposes, and that Kauai Beautiful shall convey
to the County Easement "BP 1" (Kaua`i Shopping Village) for
bicycle and pedestrian access purposes. (Approved.)
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 4
2) Grant of Easement by and between the County of Kauai (grantor)
and Kauai Beautiful Island I, LLC; Kauai Beautiful Island II,
LLC; Kauai Beautiful Island III, LLC; Kauai Beautiful Island IV,
LLC; Kauai Beautiful Island VI, LLC and Kauai Beautiful Island
VII, LLC, all Delaware limited liability companies (grantee),
granting a perpetual non-exclusive easement "P-1" for vehicular
parking and access and for pedestrian access purposes (Tax Map
Key No. (4) 4-3-008-013). (Approved.)
3) Grant of Easement by and between Kauai Beautiful Island I, LLC;
Kauai Beautiful Island II, LLC; Kauai Beautiful Island III, LLC;
Kauai Beautiful Island IV, LLC; Kauai Beautiful Island VI, LLC
and Kauai Beautiful Island VII, LLC, all Delaware limited liability
companies (grantor) and the County of Kauai (grantee), granting a
perpetual non-exclusive easement "BP-1" for a public park, which
shall contain a bicycle and pedestrian path and be part of the
County's park system (Tax Map Key No. (4) 4-3-008-014).
(Approved.)
C 2010-47 Communication (01/28/2010) from the Director of Parks &
Recreation, requesting Council approval of the Quitclaim Deed to secure a portion
on Niulani Road and Ala Road (TMK: 4-3-009-054) for construction of a portion of
the Lydgate-Kapa`a Bicycle/Pedestrian Path project.
• Quitclaim Deed:
Grantor: BANK OF HAWAII, a Hawaii corporation, successor
by merger to Hawaiian Trust Company, Limited, as
SUCCESSOR TRUSTEE under that certain inter
vivos Trust Agreement executed by Lillian May
Clayton Brewer, dated February 6, 1964, as amended.
Grantee: COUNTY OF KAUAI, A POLITICAL SUBDIVISION
OF THE STATE OF HAWAII
Property Description: (Kaua`i) 4-3-009-054
(Approved.)
C 2010-48 Communication (02/05/2010) from the Director of Housing,
requesting Council approval to close the purchase of a 75-Acre Parcel in `Ele`ele,
Kauai, Tax Map Key (4) 2-1-1:27, pursuant to the Disposition Agreement of
November 19, 2009, between McBryde Sugar Company, Limited, and the County of
Kauai, to include the following:
(1) Approve closing the purchase of the 75-acre parcel and authorize
the County Clerk to execute the Warranty Deed;
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 5
• Warranty Deed With Restrictions and Covenants: McBryde
Sugar Company, Limited, a Hawaii corporation (Grantor)
and County of Kauai (Grantee), Property: Tax Map
Key (4) 2-1-001:027 (por.) (Approved.)
(2) Authorize the County Clerk to execute the License Agreement
for the continued use of the property by McBryde Sugar
Company, Limited, for agricultural purposes until the County
needs possession of the property, or any portion thereof, for the
purpose of providing affordable housing;
• License Agreement by and between the County of Kauai
(licensor) and McBryde Sugar Company, Limited (licensee)
regarding the real property being portion of Tax Map Key
No. (4) 2-1-01-27 (Approved.)
(3) Authorize the County Clerk to execute the Assignment and
Assumption Agreement and the Assignment and Release
Agreement as acknowledgement that the County of Kaua`l has
been notified that McBryde Sugar Company, Limited, is
engaging in a section 1031 like-kind exchange.
• Assignment and Assumption Agreement by and among
(i) McBryde Sugar Company, Limited, a Hawai`l corporation
(Assignor); (ii) T.G. Exchange, Inc., a Hawaii corporation
(Assignee); and (iii) the County of Kauai (Transferee)
(Approved.)
• Assignment and Release Agreement by and among (i) T.G.
Exchange, Inc., a Hawal`i corporation (Assignor); (11)
McBryde Sugar Company, Limited, a Hawal`i corporation
(Assignee); and (iii) the County of Kauai (Transferee)
(Approved.)
CLAIMS:
C 2010-49 Communication from the County Clerk, transmitting a claim
filed against the County of Kauai by Eric M. Wedemeyer 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.)
COMMITTEE REPORTS: APPROVED.
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 6
RESOLUTIONS:
Resolution No. 2010-11, RESOLUTION AMENDING RESOLUTION
NO. 2007-97 TO REPLACE AND CONFIRM THE APPOINTMENT OF A
MAYORAL APPOINTEE TO THE SALARY COMMISSION (Sheri S. Kunioka-Volz,
First Term, replacing Dawn Murata) (Approved)
Resolution No. 2010-19, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Duane Curammeng)
(Deferred pending interview.)
Resolution No. 2010-20, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Glen Taba)
(Approved.)
Resolution No. 2010-21, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Joel Guy)
(Approved.)
Resolution No. 2010-22, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Ryan de la Pena)
(Deferred pending interview.)
Resolution No. 2010-23, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION
(Michele Swartman) (Approved.)
Resolution No. 2010-24, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Linda Ka`auwai-Iwamoto)
(Approved.)
Resolution No. 2010-25, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Caven Raco) (Deferred
pending interview.)
Resolution No. 2010-26, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Ernest Kanekoa) (Approved.)
Resolution No. 2010-27, RESOLUTION ABANDONING ACCESS ROAD
OFF LAUGHO ROAD, KALAHEO, KAUAI, AND AUTHORIZING THE LAND
TRANSFER TO THE NATIONAL TROPICAL BOTANICAL GARDEN, KALAHEO,
KAUAI, HAWAII (Approved.)
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 7
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2347 - A BILL FOR AN ORDINANCE TO AMEND
ORDINANCE NO B-2009-690, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL
YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING
BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL
FUND (Deferred.)
Proposed Draft Bill No. 2349 - A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2009-691, AS AMENDED, 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 THE SURPLUS
AND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND FOR
PARKS & PLAYGROUNDS-HANALEI DISTRICT (Approved on first reading,
public hearing scheduled for March 17, 2010, and thereafter referred to the
Budget & Finance Committee.)
BILLS FOR SECOND READING:
Bill No. 2341, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 21, ARTICLE 7, KAUAI COUNTY CODE 1987, RELATING TO
INTEGRATED SOLID WASTE MANAGEMENT (Approved.)
Bill No. 2343 - AN ORDINANCE 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. 2344, Draft 1 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE REVENUES AND
APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP)
(Approved as amended to Bill No. 2344, Draft 2.)
Bill No. 2345 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2009 THROUGH TUNE 30, 2010, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Acquisition of a
Public Use Helicopter via a 10-year lease) (Approved.)
Council Meeting Follow-Up Memo to the Mayor
February 18, 2010
Page 8
BILL FOR RECONSIDERATION:
Bill No. 2336, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE TRAFFIC CODE (Reconsidered and approved as
amended to Bill No. 2336, Draft 4.)
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: 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