HomeMy WebLinkAbout04-15-2010 Recap Memo for 4-14-2010 mtg
COUNTY COUNCIL °F t~ OFFICE OF THE COUNTY CLERK
Bill "Kaipo" Asing, Chair p _ ~y
Jay Furfaro, Vice Chair Peter A. Nakamura, County Clerk
Tim Bynum N n.. R C
Dickie Chang a m
Daryl W Kaneshiro Telephone (808) 2414188
Lani T Kawahara OF Fax (808) 241-6349
Derek S. K. Kawakami Email cokcouncil@kauai.gov
Council Services Division
3371-A Wilcox Road
Lihu`e, Kauai, Hawaii 96766
MEMORANDUM
April 15, 2010
TO- Bernard P Carvalho, Jr., Mayor
FROM. Bill "Kaipo" Asing, Council Chairs--''
SUBJECT- APRIL 14, 2010, COUNCIL MEETING
This is to inform you of the action taken by the Council at its April 14, 2010
Council meeting and any follow-up that was requested.
COMMUNICATIONS.
C 2010-78 Communication (02/23/2010) from the Director of Planning,
transmitting the Planning Commission's recommendation to amend Condition No.
19 d) and e) of Ordinance No. PM-2004-370 related to the Kukui`ula Workforce
Housing as recommended by the Kauai County Housing Agency (Received for
the record.)
C 2010-79 Communication (02/25/2010) from the Chair of the Public
Access, Open Space, and Natural Resources Preservation Fund Commission (Open
Space Commission), transmitting for Council information the County of Kauai
Open Space Commission's 2009 Report to the County (Received for the record.)
C 2010-80 Communication (03/04/2010) from the Director of Parks and
Recreation requesting Council consideration of a proposed resolution authorizing
the acquisition of lands required for public use by eminent domain for the Lydgate-
Kapa`a Bike and Pedestrian Path Project: Parcel 1 (Fee Simple) Tax Map Key
(4) 4-3-009-54 (Fee Simple) and Parcel 2 (Pathway Easement) Tax Map Key Kauai
4-3-009-004 (Portion). (Received for the record.)
C 2010-81 Communication (03/08/2010) from the Director of Finance,
transmitting for Council information Period 7 Financial Reports - Statement of
Revenues as of January 31, 2010, pursuant to Section 17 and Section 20 of the
Operating Budget Ordinance (B-2009-690) (Received for the record.)
C 2010-82 Communication (03/29/2010) from the Director of the Office of
Economic Development, requesting agenda time to provide the Council with the
final Kauai Energy Sustainability Plan (KESP) (Received for the record with a
policy resolution to follow.)
C 2010-83 Communication (04/05/2010) from Councilmember Lam T
Kawahara, requesting the presence of the Director of Parks & Recreation to discuss
the results of the "Shared Use Path Survey " (Referred to the
Parks/Transportation Committee.)
AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Follow-Up Memo to the Mayor
April 15, 2010
Page 2
C 2010-84 Communication (04/08/2010) from Councilmember Derek S. K.
Kawakami, providing written disclosure of a possible conflict of interest relating to
PWE 2010-3 as he serves in various capacities with the HSK Corporation, which
owns property in the subject area, and recusing himself from any discussion and
deliberation on this item. (Received for the record.)
C 2010-85 Communication (01/21/2010) from the Chief of Police, requesting
Council approval to accept and acquire ownership of a forfeited vehicle from the
State of Hawaii Department of the Attorney General, a 2001 Toyota Tacoma, 4x4
double cab pickup (vehicle identification number 5TEHN72N51Z755426), to replace
a 1995 Toyota, T100 4x2 pickup (vehicle identification number
JT4VD12F9S0004102), to be utilized for law enforcement purposes in accordance
with Hawaii Revised Statutes §712A-16(3). (Approved.)
C 2010-86 Communication (02/16/2010) from the Chief of Police, requesting
Council approval to accept a donation of $500.00 from Ben and Kristin Hannah of
Anini Beach for the purchase of equipment for the Hanalei Station. (Approved
with thank-you letter to follow.)
C 2010-87 Communication (03/02/2010) from the Chief of the Building
Division, Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for February 2010-
(1) Building Permit Processing Report
(2) Building Permit Estimated Value of Plans Summary
(3) Building Permits Tracking Report
(4) Building Permits Status
(Received for the record.)
C 2010-88 Communication (03/08/2010) from the Administrator of Kauai
Civil Defense, requesting Council approval to receive and expend grant funds from
the U.S. Department of Homeland Security, via State Civil Defense, in the following
areas and amounts:
(1) 2009 State Homeland Security Grant Program for
$1,029,193.00 to enhance State and local units of government
to prevent, deter, respond to and recover from incidents of
terrorism involving the use of chemical, biological,
radiological, nuclear and explosive weapons and cyber
attacks, in addition to day-to-day all-hazards scenarios.
(2) 2009 Citizen Corps Program for $29,193.00 to be used to
support Citizen Corps councils with planning, outreach, and
management of Citizen Corps programs and activities such
as Community Emergency Response Teams and
Neighborhood Watch.
(Approved.)
C 2010-89 Communication (03/08/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend federal funds from the
Federal FY 2009 Recovery Act; STOP Violence Against Women Formula Grant for
$77,711.00 to continue the Domestic Violence Prosecution Unit, and approval to
indemnify the State of Hawaii, Department of the Attorney General. (Approved.)
Council Meeting Follow-Up Memo to the Mayor
April 15, 2010
Page 3
C 2010-90 Communication (03/17/2010) from the Prosecuting Attorney,
requesting Council approval to expend $3,163.52 from State Asset Forfeiture Funds
(Account #251-0401-513.62-O1/Small Equipment, Project A08101) to purchase
furniture for a new interview room in the Prosecuting Attorney's office.
(Approved.)
C 2010-91 Communication (03/30/2010) from Derek S. K. Kawakami,
Hawaii State Association of Counties (HSAC) President, requesting Council
approval of the HSAC Budget for the Fiscal Year 2010-2011 and approval of the
slate of HSAC officers for the Fiscal Year 2010-2011 as follows:
Derek S.K. Kawakami (Kaua`i)- President
Daryl W Kaneshiro (Alternate)
Nestor Garcia (Honolulu) - Vice President
• Romy Cachola (Alternate)
Joseph Pontanilla (Maui) - Treasurer
• William "Bill" Medeiros (Alternate)
Dennis "Fresh" Onishi (Hawai`i) - Secretary
• Kelly Greenwell (Alternate)
(Approved.)
C 2010-92 Communication (03/31/2010) from the Director of Finance,
requesting Council consideration of a proposal to reduce the funding for the
Hanapepe/Waimea Levee Project in the Capital Improvements Bond Fund Budget
by $635,315 00, as the Department of Public Works will be able to perform some of
the tasks in-house with equipment being requested in the upcoming fiscal year 2011
budget, thus allowing the Department of Finance to reconcile the county's capital
improvement budget with the county's bond ordinance to not exceed $60 million.
(Received for the record.)
C 2010-93 Communication (03/30/2010) from the Director of Housing,
requesting Council approval to acquire a residential unit situated at 3229-A Unahe
Street, Lihu`e, Kauai, Hawaii, (Tax Map Key (4) 3-6-018-046-0001) in fee simple
under the County's Community Development Block Grant (CDBG) Program for
$425,000 00, and to authorize the County Clerk to sign legal documents related to
this transaction. (Approved.)
C 2010-94 Communication (03/31/2010) from the Director of Housing,
requesting Council approval to acquire three (3) residential units, under the
County's Neighborhood Stabilization Program (NSP) Foreclosure Acquisition,
Rehabilitation and Resale Project, at the contracted offer prices subject to the one-
percent (1%) discount based on receipt of the appraisals situated at (1) 4734 Mimilo
Road, Kapa`a, Hawaii, TMK (4) 4-6-029-003 ($394,900 00); (2) 3868 Olona Street,
K51oa, Hawaii, TMK (4) 2-8-025-053 ($399,000 00); (3) 4462 I Mua Place, Kilauea,
Hawaii, TMK (4) 5-2-016-013 ($399,000 00), and to authorize the County Clerk to
sign any and all related legal documents. (Approved.)
C 2010-95 Request (04/06/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $10,000 00 to engage special
counsel's continued representation in the lawsuit entitled King C. Lum v. Kaua'i
County Council, et al., Case No. 08-16093 (U.S Court of Appeals, 9th Cir) and
related matters. (Approved.)
Council Meeting Follow-Up Memo to the Mayor
April 15, 2010
Page 4
C 2010-96 Request (04/06/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $60,000 00 to engage special
counsel's continued representation in the lawsuit entitled Kristan C. Hirakawa v.
County of Kauai, Civ No. CV09-00247 JMS/LEK (U.S District Court, District of
Hawai'i) and related matters. (Approved.)
LEGAL DOCUMENTS.
C 2010-97 Communication (03/04/2010) from the Director of Housing,
requesting Council approval to authorize the County Clerk to execute the Housing
Agreement (Allowable Density for Subdivision No. S-2008-21) for Princeville Prince
Golf Course, LLC; Tax Map Key No. (4) 5-3-006:014 (Lot 2-A-1), Princeville, Kauai,
Hawaii.
• Housing Agreement (Allowable Density for Subdivision
No. S-2008-21)
(Approved.)
C 2010-98 Communication (03/04/2010) from the Director of Parks and
Recreation, requesting Council approval of a grant of non-exclusive easement to
secure a shared-use path easement at Lihi Park (TMK 4-4-5-06.1):
Grant of Non-Exclusive Easement by and between the State of
Hawaii, by its Board of Land and Natural Resources, and the County
of Kauai, Department of Parks and Recreation granting non-
exclusive and perpetual easement rights in, over under and across
that certain parcel of land ("easement area") situate at Kapa`a,
Kawaihau, Kauai, Hawaii, being identified as "Perpetual Non-
Exclusive Access, Landscaping and Maintenance Easement,
Easement M-1" (Tax Map Key No. (4) 4-5-006:001 Por )
(Approved.)
CLAIMS:
C 2010-99 Communication (03/18/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Ashley Taylor for false
arrest, illegal entry, and excessive force, 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.)
C 2010-100 Communication (03/29/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Gale Carswell for
personal injury, 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.)
C 2010-101 Communication (03/29/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Michael J Rothman and
Nadine S. Schwartz for reimbursement of their financial loss, 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
April 15, 2010
Page 5
C 2010-102 Communication (03/30/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Kristina Gadek of The
Hartford, as subrogee for Nora Masuda, for damage to insured's 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. 2010-29, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Dee Crowell)
(Approved.)
Resolution No. 2010-31, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2010 ACTION PLAN (HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625) AS AMENDED (Approved.)
Resolution No. 2010-32, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2010 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242) AS AMENDED (Approved.)
Resolution No. 2010-34, RESOLUTION AUTHORIZING THE
ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR
PUBLIC USE, TO WIT- THE PEDESTRIAN AND BICYCLE PATH WHICH
CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT WAIPOULI,
DISTRICT OF KAWAIHAU, COUNTY OF KAUAI, HAWAII, AND
DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN (Ordered to publication prior to
adoption, public hearing scheduled for May 12, 2010, and thereafter
referred to the Parks/Transportation Committee.)
BILLS FOR FIRST READING
Bill No. 2361 - A BILL FOR AN ORDINANCE AMENDING CONDITION
NO 19 OF ORDINANCE NO PM-2004-370 RELATED TO THE KUKUIULA
WORKFORCE HOUSING (Approved on first reading, public hearing
scheduled for May 12, 2010, and thereafter referred to the Planning
Committee.)
Bill No. 2362 - 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 SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE BOND FUND (Approved on first
reading, public hearing scheduled for May 12, 2010, and thereafter
referred to the Budget & Finance Committee.)
Council Meeting Follow-Up Memo to the Mayor
April 15, 2010
Page 6
BILLS FOR SECOND READING
Bill No. 2022 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 OF
THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Received for the record.)
Bill No. 2023 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 10
OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO SPECIAL
DEVELOPMENT PLANS (Received for the record.)
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 Domingeil (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