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Home My WebLink About 05/21/2009 05/20/2009 Council meeting follow-up letterCOUNTY COUNCIL OFFICE OF THE COUNTY CLERK BILL "KAIPO" ASING, CHAIR Council Services Division JAY FURFARO, VICE CHAIR Elections Division TIM BYNUM DICKIE CHANG PETER A. NAKAMURA, County Clerk DARYL W. KANESHIRO ERNESTO G. PASION, Deputy County Clerk LANI T. KAWAHARA Telephone: (808) 241-6371 DEREK S.K. KAWAKAMI Facsimile: (808) 241-6349 4396 RICE STREET, ROOM 206 LIHUE, KAUAI, HAWAII 96766-1371 E-mail: cokcouncil@kauai.gov MEMORANDUM May 21, 2009 TO: BERNARD P. CARVALHO, JR., MAYOR FROM: BILL "KAIPO" ASING, COUNCIL CHAIR SUBJECT: MAY 20, 2009 COUNCIL MEETING This is to inform you of the action taken by the Council at its May 20, 2009 Council meeting and any follow-up that was requested: C 2009-175 Communication (02/04/2009) from the Chief of the Building Division, transmitting a request to amend Ordinance No. 857 by correcting inadvertent errors (i.e., typographical errors, citation of sections, etc.) which would amend Chapter 12 of the Kauai County Code 1987, entitled "Building Code": Received for the record. C 2009-176 Communication (04/14/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for March 2009 that includes the following: 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 2009-177 Communication (04/27/2009) from the Director of Finance, transmitting for Council information the Period 9 Financial Reports - Statement of Revenues as of March 31, 2009: Received for the record. C 2009-178 Communication (04/28/2009) from the Executive Assistant, Kauai County Housing Agency, transmitting a request to amend Chapter 6, Article 9, of the Kauai County Code 1987, as Amended: Received for the record. Bernard P. Carvalho, Jr., Mayor May 21, 2009 Page 2 of 5 C 2009-179 Communication (04/30/2009) from the Director of Finance, transmitting for Council information, supplemental information pertaining to the estimated reduction in real property tax revenues as a result of various tax relief measures enacted by the County Council: Received for the record. C 2009-180 Certification (05/01/2009) by the Director of Finance of the 2009 Real Property Assessment List within the County of Kauai: Received for the record. C 2009-181 Communication (05/01/2009) from the Planning Director, transmitting the Planning Commission's recommendation to amend Condition No. 10 of Ordinance No. PM-31-79 (Moana Corporation) as directed by Condition No. 2 of Ordinance No. PM-2001-354, to obtain access to Poipu Road (Kiahuna Land Company and Po`ipu Town Center, LLC, Applicants): Received for the record. C 2009-182 Communication (05/04/2009) from the Director of Personnel Services, transmitting for Council information, the following classification requests which the Department of Personnel Services will be reviewing and taking appropriate action: • Fire Department, Position No. 791 (Reallocation of Present Class of Fire Fighter to Fire Fighter Trainee) • Fire Department, Position No. 780 (Reallocation of Present Class of Fire Fighter to Fire Fighter Trainee) • Fire Department, Position No. 776 (Reallocation of Present Class of Fire Fighter to Fire Fighter Trainee): Received for the record. C 2009-183 Communication (05/05/2009) from the Housing Director, transmitting for Council consideration a Resolution to authorize the filing of a Substantial Amendment to the Kauai County 2008 Action Plan of the 5-Year Consolidated Plan to HUD, to expend funds under Title XII of the American Recovery and Reinvestment Act of 2009, Community Development Block Grant Program - Recovery Act (CDBG-R): Received for the record. C 2009-184 Communication (05/06/2009) from the Mayor, submitting his supplemental budget communication for Fiscal Year 2009-2010 and proposed amendments to the budget bills: Schedule public hearing for May 27, 2009 at 8:30 a. m. and Special Council Meeting on May 27, 2009 at 8:45 a. m. C 2009-185 Communication (time stamped-05/05/2009) from the Director of Finance, transmitting for Council information, Statement of Condition of the County Treasury as of March 24, 2009: Received for the record. Bernard P. Carvalho, Jr., Mayor May 21, 2009 Page 3 of 5 C 2009-186 Communication (04/30/2009) from the Fire Chief, requesting Council approval to apply for, receive, and expend $104,800 or 80% from the Assistance to Fire Fighters Grant (AFG) to purchase a Combination Fire Safety/Sprinkler House Trailer and the Kauai Fire Department will be responsible for 20% or $26,200 for a total of $131,000 which include tax and shipping: Approved. C 2009-187 Communication (04/30/2009) from the Prosecuting Attorney, requesting Council approval to expend $2,250.72 of their State Asset Forfeiture Funds (Account #251-0401-513.62-01/Small Equipment, Project A08101) for the purchase of six (6) file cabinets: Approved. C 2009-188 Communication (05/08/2009) from Derek S.K. Kawakami, Hawaii State Association of Counties (HSAC) Vice President, submitting for Council approval the HSAC Fiscal Year 2009-2010 Proposed Annual Operating Budget: Approved. C 2009-189 Request (05/14/2009) from the Office of the County Attorney for authorization to expend up to $250,000 from the special counsel account to continue to retain outside counsel to represent the County in Gerard R. Bosma, et al. v. James H. Pflueger, et al., Civ. 08-1-0052 (Fifth Circuit Court); Ronald and Gina Calisher v. James H. Pflueger et al., Civ. 07-1-0106 (Fifth Circuit Court); Bruce Fehring, Individually And As Special Administrator of the Estates of Aurora Fehring, et al. v. James H. Pflueger et al., Civ. No. 06-1-0082 (Fifth Circuit Court); and Bette Midler, et al. v. James H. Pflueger et al , Civ. No. 06-1-0110 (Fifth Circuit Court) and related matters: Approved. C 2009-163 Communication (04/22/2009) from Councilmember Tim Bynum and Councilmember Lani T. Kawahara, requesting the Administration to be present to give an update regarding the erosion and water safety issues at Poipu Beach: Received for the record. LEGAL DOCUMENT: C 2009-190 Communication (05/04/2009) from the Chief of Field Operations and Maintenance, Public Works Department, requesting Council approval to indemnify the Department of Hawaiian Home Lands and to execute the First Amendment to Right-Of-Entry No. 344 with the Department of Hawaiian Home Lands in order to access their property for the purpose of an emergency by-pass road allowing the public to traverse the former Wailua cane haul road when Kuhio Highway is shut down due to a vehicular accident or emergency repairs: Bernard P. Carvalho, Jr., Mayor May 21, 2009 Page 4 of 5 1) First Amendment to Right-Of-Entry Permit No. 344 (ROE 344) by the Department of Hawaiian Home Lands for granted use for the County of Kauai for the period of five (5) years from April 22, 2009 through April 21, 2014: Approved. CLAIMS: C 2009-191 Communication (05/11/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Caren F. Diamond, 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. C 2009-192 Communication (05/11/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Sherri Silva, 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 REPORT: APPROVED RESOLUTION: Resolution No. 2009-44 - RESOLUTION AUTHORIZING THE FILING OF A SUBSTANTIAL AMENDMENT TO THE KAUAI COUNTY 2008 ACTION PLAN OF THE 5-YEAR CONSOLIDATED PLAN WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, TO EXPEND GRANT FUNDS UNDER TITLE XII OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RECOVERY ACT: Approved. BILLS FOR FIRST READING: Proposed Draft Bill No. 2314 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12 OF THE KAUAI COUNTY CODE-1987 ENTITLED "BUILDING CODE": Approved on first reading, public hearing scheduled for June 16, 2009, and thereafter referred to the Public Works/Elderly Affairs Committee. Bernard P. Carvalho, Jr., Mayor May 21, 2009 Page 5 of 5 Proposed Draft Bill No. 2315 - A BILL FOR AN ORDINANCE TO AMEND ARTICLE 9 OF CHAPTER 6, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO THE HOUSING REVOLVING FUND: Approved on first reading, public hearing scheduled for June 16, 2009, and thereafter referred to the Economic Development/Housing Committee. Proposed Draft Bill No. 2316 - A BILL FOR AN ORDINANCE TO AMEND ZONING CONDITION IN ORDINANCE NO. PM-31-79, RELATING TO ZONING DESIGNATION IN POIPU, KAUAI (Kiahuna Land Company, a Hawaii limited partnership; and Poipu Town Center, LLC, Applicants): Approved on first reading, public hearing scheduled for June 16, 2009, and thereafter referred to the Planning Committee. BILLS FOR SECOND READING: Bill No. 2308, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, SUBSECTION 19-3.2 (b) AND SUBSECTION 19-3.2 (i) OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INCREASING THE PLAYING AND DRIVING RANGE BALL TOKEN FEES AT THE WAILUA GOLF COURSE: Approved as amended to Bill No. 2308, 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