Justin F. Kollar Prosecuting Attorney

Jennifer S. Wino First Deputy

OFFICE OF THE PROSECUTING ATTORNEY County of Kaua'i, State of Hawai'i

3990 Ka'ana Street, Suite 210, Lihu'e, Hawai'i 96766 808-241-1888- FAX 808-241-1758

Victim/Witness Program 808-241-1898 or 800-668-5734

October 30, 2015

Honorable Mel Rapozo, Council Chair and members of the County Council

County of Kaua'i 4396 Rice Street LThu'e, HI 96766

RE: Victim Witness Program and Career Criminal Prosecution Program

Dear Council Chair Rapozo and County Council Members,

Rebecca A. Vogt Second Deputy

Diana Gausepohl-White Victim/Witness Program Director

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'15 NOV - 4 A 9 :44

On May 19, 2015 the Council approved to apply, receive and expend (C 2015-152) State funds for the Victim Witness Assistance Program 16-VW-03 Year 1, for the term of July 1, 2015 through June 30, 2016. Upon receiving the contract it was discovered that the State contract covers a two year period of July 1, 2015 to June 30, 2017 and for a combined amount of up to $74,434 rather than $37,214 for Year 1 and $37,214 for Year 2.

On October 21, 2015 the Council approved to receive and expend (C 2015-265) State funds for the Career Criminal Prosecution Program 16-CCP-03 Year 1, for the term of July 1, 2015 through June 30, 2016. Upon receiving the contract it was discovered that the state contract covers a two year period of July 1, 2015 to June 30, 2017 and for a combined amount of up to $222,628 rather than $100,182 for Year 1 and $100,182 forYear2.

We request the Council's approval to properly reflect for the record, approval to accept and expend the aforementioned State contract amounts and time frames. Our apologies for any inconvenience this may have caused.

Just . Kollar Prosecuting Attorney

Enclosures

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An Equal Opportunity Employer C 2015-285

Justin F. Koll:u­Prosccuting Altom~~

Jcnnifc1· S. Winn First Deputy

OFFICE OF THE I)ROSECUTING ATTORNEY County of Kaua'i, State of Hawai'i

3'J<JO Kn'una Street. Suite 210. LfilU'I!. l·hiWili'i 96766 SOS-2·11-1888 - FAX 808·241-1758

Victim!\Vitncss Prngrnm 808-2-11-189S or 800·668-57 34

Rebecca A. Vogt Second Deputy

Diana Gauscpohl-Whitc Victim/Witness Program Director

P r- r· r:- ; , : r-· :1 f \ •-· ··~·t ~~ ~ 1 r ...... '· ,·

"15 NOV 10 P 4 :Q6 Date: November 10, 2015

To: Mel Rapozo County Council Chair

From: Diana Gausepohl-White ~~~;/{..I- {.it~ Victim/Witness Program Director 1

Subject: Victim Witness Assistance Program Grant, 16-VW-03

We are requesting approval to apply, receive, and expend State funds in the amount of$74,434 for the time period July 1, 2015 to June 30,2017.

Funds will be used for partial salary and fringe for two Victim Witness Trainees.

July 1, 2015 to June 30, 2016: 1. 16.67% of Position # T2824- VW State Appropriation and federal VOCA

monies will be used to cover the remainder 2. 50% of Position # T2825 - VW State Appropriation monies will be used to

cover the remainder

July 1, 2016 to June 30,2017: 1. 75%, of Position tJ T2825 - County funds will be used to cover the

remainder

This current level of funding does not involve any additional County monies.

I hope this helps clarify our request. Please call me at 241-17 4 7 if you have any questions or concerns. Thank you for your attention in this matter.

An Equal Opporlunily Employer

C 2015-285

Council Meeting Follow-up Memo to the Mayor May 20, 2015 Page 2

COMMUNICATIONS:

C 2015-126 Communication (04/10/2015) from the County Attorney, requesting authorization to expend additional funds up to $135,525 for Special Counsel's final billing for services rendered for Defendant County of Kaua'i in Tim Bynum vs. County of Kaua'i. et al., Civil No. 12-00523 RLP (U.S. District Court), and related matters. (Approved.)

C 2015-127 Communication (04/10/2015) from the County Attorney, requesting authorization to expend additional funds up to $130,189 for Special Counsel's final billing for services rendered for Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua'i. et al., Civil No. 12-00523 RLP (U.S. District Court), and related matters. (Approved.)

C 2015-128 Communication (04/10/2015) from the County Attorney, requesting authorization to expend additional funds up to $56,480 for Special Counsel's final billing for services rendered for Defendant Sheilah Miyake in Tim Bynum vs. County of Kaua'i, et al., Civil No. 12-00523 RLP (U.S. District Court), and related matters. (Approved.)

C 2015-151 Communication (04/24/2015) from the Executive on Transportation, requesting Council approval to receive, indemnify, and expend a Federal Transit Administration (FTA) Section 5311 grant, in the amount of $1,040,000, for operational expenses for the County Transportation Agency, to fund the 50% grant portion of wages, hourly pay, and fringe benefit line items for bus drivers. (Approved.)

C 2015-152 Communication (04/28/2015) from the Prosecuting Attorney, requesting Council approval for the following:

1. Apply for, receive, and expend state funds, in the amount of $37,214, to fund one (1) Victim I Witness Trainee for the period of July 1, 2015 to September 1, 2015, one (1) Victim I Witness Counselor I for the period of September 2, 2015 to September 15, 2015, and one (1) Victim I Witness Trainee for the period of January 1, 2016 to June 30, 2016, and fringe benefits, for the Kaua'i Victim Witness Assistance Program 16-VW-03 Year 1, for the term July 1, 2015 through June 30, 2016; and

2. Indemnify the State of Hawai'i Department of the Attorney General.

(Approved.)

C 2015-153 Communication (04/28/2015) from the Director of Economic Development, requesting Council approval to apply for, receive, and expend an estimated amount of $10,000 from the State of Hawai'i Department of Labor and Industrial Relations (DLIR), to assist the County of Kaua'i in working with the State of Hawai'i Department of Education (DOE) - Future Farmers of America (FFA) programs at Kaua'i High School and Waimea High School in providing summer internship programs for students to work on Kaua'i farms, ranches, and agricultural-related businesses. (Approved.)

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COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali 'i JoAnn A. Yukimura

TO:

FROM:

Council Services Division 4396 Rice Street, Suite 209

Lihu'e, Kaua'i, Hawai'i 96766

MEMORANDUM

May 20,2015

Bernard P. Carvalho, Jr., Mayor

Mel Rapozo, Council Ch~

OFFICE OF THE COUNTY CLERK

Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk

Telephone (808) 241-4188 Fax (808) 241-6349

Email cokcouncil@kauai.gov

RE: MAY 19, 2015 COUNCIL MEETING RECAP

This is to inform you of the action taken by the Council at its May 19, 2015 Council Meeting:

CONSENT CALENDAR:

C 2001-220 Communication (05116/2001) from Cesar C. Portugal, County Engineer, requesting Council approval to dispose the remnant roadway of Papaa Road, TMK 4-9-5:6, 10, 13; 4-9-06:5,7,8,9, 11; 4-9-07:1,7,8, since the remnant roadway services only the Mandalay properties. (Received for the Record.)··

C 2015-148 Communication (04/08/2015) from the County Attorney, transmitting for Council information, the Quarterly Report on Settled Claims against the County of Kaua'i from January 1, 2015 through March 31, 2015. (Received for the Record.)

C 2015-149 Communication (04/29/2015) from Councilmember Kuali'i, providing written disclosure of a possible conflict of interest and recusal, regarding the grant application by the Office of the Prosecuting Attorney for the Kaua'i Victim Witness Assistance Program 16-VW-03 Year 1, due to his employment with the YWCA of Kaua'i. (Received for the Record.)

C 2015-150 Communication (05/08/2015) from the Mayor, transmitting for Council consideration, pursuant to Sections 89-10(b) and 89C-5, Hawai'i Revised Statutes (HRS), the cost items for the Hawai'i Government Employees Association (HGEA) Bargaining Units 2, 3, and 4 between July 1, 2015 and June 30, 2017, pursuant to Section 19.13(B) of the Charter of the County of Kaua'i, as well as Unit 14 costs which are based on the Unit 3 contract pending Unit 14 negotiations; the negotiated wages are in accordance with the procedures contained in Chapter 89, HRS. (Received for the Record.)

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C 2015-285

Council Meeting Follow-up Memo to the Mayor October 22, 2015 Page 3

C 2015-263 Communication (10/02/2015) from the Assistant Chief Procurement Officer/Budget Chief, requesting Council approval to dispose of Procurement Work Folders (RFP (C4056)) and (IFB (#2872 - #2936)); Professional Services Regular (4-PROF-06/07, 1-PROF-07/08 thru 12-PROF-07/08); Professional Services Exempt (X7-PROF-05/06 thru XS-PROF-07/08); Sole Source Procurement documentation (Fiscal Year 2005-2008); Exempt Procurement documentation (Fiscal Year 2004-2008); Emergency Purchase documentation (Fiscal Year 2005-2008); Auction (SA-1-06 thru SA-3-07); and State Price Lists; pursuant to Section 46-43, Hawai'i Revised Statutes and Resolution No. 2008-39 (2008) as amended, which has been kept for over seven (7) years and are no longer of use or value. (Referred to the October 28, 2015 Budget & Finance Committee Meeting.)

C 2015-264 Communication (10/07/2015) from Council Vice Chair Kagawa, transmitting for Council consideration, an amendment to Subsection 8-15.1(d), Kaua'i County Code 1987, as amended, to eliminate the sunset date for obtaining a building permit to construct an additional dwelling unit on other than residentially zoned lots. (Received for the Record.)

C 2015-265 Communication (10/13/2015) from the Prosecuting Attorney, requesting Council approval to receive and expend State funds in the amount of $100,182, and approval to indemnify the State of Hawai'i, Department of the Attorney General, for the period of July 1, 2015 through June 30, 2016, for the continuation of the Kaua'i Career Criminal Prosecution Program. The funding will be expended on the salary and partial fringe benefits for the Special Prosecuting Attorney of the Career Criminal Prosecution staff. (Approved.)

LEGAL DOCUMENTS:

C 2015-266 Communication (10/0I/2015) from the Director of Parks & Recreation, recommending Council approval of a License Agreement with Boys & Girls Club of Hawai'i, a non-profit Hawai'i corporation, for three (3) portables and a portion of the grounds immediately surrounding the portables located at the Kaua'i War Memorial Convention Hall in Lihu'e, Kaua'i, Hawai'i, being a portion of Royal Patent 4480, Land Commission Award 7713, Apana, Part I to V. Kamamalu, to be used for youth-related activities in the Lihu'e area.

• License Agreement (Deferred.)

C 2015-267 Communication (10/05/2015) from the Mayor, recommending Council approval of a dedication deed to extend Kahana Street, by Lani Properties Corporation, a Hawai'i corporation, et al., to satisfy a condition of Subdivision C-2012-10, consolidation of Lot 8, Ho Enterprise Subdivision and Lot 33, and Subdivision of the same into Lot 8-A and Lot 33 - A, and cancelling easements AU-1 and AU-2, being portions of Grant 7959 to Manuel Correa and Grant 8930 to Roslyne G. Moura, at Kapa'a, Kaua'i, Hawai'i, Tax Map Key (TMK) No. (4) 4-6-12:124 and :125 (por.).

• Dedication Deed (Approved.)

C 2015-285

Council Meeting Follow-up Memo to the Mayor October 22, 2015 Page 4

CLAIMS:

C 2015-268 Communication (09/29/2015) from the County Clerk, transmitting a claim filed against the County of Kaua'i by Roberto R. Lapitan, for damages to his 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 2015-269 Communication (10/01/2015) from the County Clerk, transmitting a claim filed against the County of Kaua'i by Albert and Kathleen Melchor, for damages to their 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 2015-270 Communication (10/06/2015) from the County Clerk, transmitting a claim filed against the County of Kaua'i by Mark Young, for damages to his rental vehicle and personal property, 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 2015-271 Communication (10/09/2015) from the County Clerk, transmitting a claim filed against the County of Kaua'i by Charlene & John Clark, for personal injuries, lost wages and other damages, 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. 2015~59 - RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Wallace G. Rezentes, Jr.) (Approved.)

Resolution No. 2015-60- RESOLUTION APPROVING THE HA WAI'I STATE ASSOCIATION OF COUNTIES (HSAC) SLATE OF OFFICERS FOR FISCAL YEAR 2016 (Approved.)

Resolution No. 2015-61- RESOLUTION EXPRESSING THE CONCERN OF THE KAUA'I COUNTY COUNCIL OVER THE INFLATED INTERISLAND AIRFARE RATES CHARGED BY HAWAIIAN AIRLINES AND ENCOURAGING THE HAWAI'I STATE LEGISLATURE TO ASSIST IN OFFERING RELIEF TO INTERISLAND TRAVELERS BY INCENTIVIZING COMPETITION (Approved as Amended to Resolution No. 2015-61, Draft 1.)

Resolution No. 2015-62 - RESOLUTION AMENDING RESOLUTION NO. 2015-02, DRAFT 1, RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY OF KAUA'I FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS (Approved.)

C 2015-285