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Home My WebLink About 07/23/2009 07/22/2009 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 July 23, 2009 TO: BERNARD P. CARVALHO, JR., MAYOR FROM: BILL "KAIPO" ASING, COUNCIL CHAIR SUBJECT: JULY 22, 2009 COUNCIL MEETING This is to inform you of the action taken by the Council at its July 22, 2009 Council meeting and any follow-up that was requested: C 2009-248 Communication (07/01/2009) from the Director of Parks & Recreation, transmitting for Council consideration a Resolution establishing a crosswalk, stop signs, shared-use path, and redefining traffic lanes on Papaloa Road: Received for the record. C 2009-249 Communication (07/06/2009) from the Assistant Chief Procurement Officer, transmitting for Council information, the Fiscal Year 2008/2009 Fourth Quarter Statement of Equipment Purchases: Received for the record. C 2009-250 Communication (07/09/2009) from Council Chair Bill "Kaipo" Asing, transmitting for Council consideration a Resolution to repeal Resolution No. 2006-20 and reappoint Theresita Kinnaman and Jean Nishida Souza to the Public Access, Open Space, Natural Resources Preservation Fund Commission: Received for the record. C 2009-251 Communication (07/16/2009) from Councilmember Dickie Chang and Vice Chair Jay Furfaro, transmitting for Council consideration, a resolution to establish a Special Advisory Committee to review and recommend amendments to the rules of the County Council of the County of Kauai: Received for the record. C 2009-252 Communication (07/09/2009) from Councilmember Derek S.K. Kawakami, transmitting for Council consideration, an amendment to Chapter 19, Article 1, Section 19-1.4, Kauai County Code 1987, relating to prohibition of intoxicating liquor in public parks and recreation facilities: Received for the record. Bernard P. Carvalho, Jr., Mayor July 23, 2009 Page 2 of 5 C 2009-253 Communication (07/09/2009) from Councilmembers Tim Bynum and Lani T. Kawahara, transmitting for Council consideration, an amendment to Chapter 22 of the Kauai County Code 1987, relating to plastic bag reduction at retail establishments: Received for the record. C 2009-254 Communication (07/16/2009) from Council Vice Chair Jay Furfaro, transmitting for Council consideration, an amendment to Chapter 8, Kauai County Code 1987, relating to extending the deadline for obtaining building permits for additional dwelling units on non-residentially zoned land: Received for the record. C 2009-255 Communication (07/10/2009) from Council Vice-Chair Jay Furfaro, providing written disclosure regarding his oral declaration at the July 8, 2009 Council Meeting of a possible conflict of interest and recusal on item C 2009-239 (relating to accepting donation of picnic tables), because he is the Secretary for the Salvation Army and Treasurer for the Kokua Soup Kitchen: Received for the record. C 2009-256 Communication (07/01/2009) from the Anti-Drug Coordinator, requesting Council approval to apply for, receive, and expend $11,000 from the National Methamphetamine Training and Technical Assistance Grant to organize and educate community members and stakeholders on the need for an adolescent residential substance abuse treatment center on Kauai: Approved. C 2009-257 Communication (07/06/2009) from the Housing Director, requesting Council approval to decline repurchase of Unit No. 44, Villas at Puali, located at 1988 Hokunui Place, Lihue, Hawaii 96766, and provide the owners the ability to sell the unit on the open market for a one-year period: Approved. C 2009-258 Communication (07/08/2009) from the Director of Parks and Recreation, requesting Council approval to apply for, receive, and expend $4.2 million of American Recovery and Reinvestment Act of 2009 funding for the Lydgate Park to Kapaa phase of the Nawiliwili to Anahola bike and pedestrian path project: Approved. C 2009-259 Communication (06/16/2009) from the Councilmembers Lani T. Kawahara and Tim Bynum, requesting agenda time to discuss the following: 1) Councilmembers' access to the agenda. 2) The placement of public documents, including meeting minutes on the County's website. 3) Equitable and timely circulation of Council Services documents. 4) General access to information by the public and Councilmembers. Received for the record. Bernard P. Carvalho, Jr., Mayor July 23, 2009 Page 3 of 5 C 2009-202 Communication (05/08/2009) from the Housing Director, requesting Council approval to decline the repurchase of Unit No. 602, Hookena at Puhi, located at 2080 Manawalea Street, Lihue, Kauai, Hawaii, 96766, and provide the owner with a one-year waiver of the resale restriction: Deferred. C 2009-260 Request (07/16/2009) from the County Attorney for an agenda item on July 22, 2009 to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved and associated matters: Received for the record. LEGAL DOCUMENT: C 2009-261 Communication (07/06/2009) from the Director of Parks and Recreation, transmitting for Council approval to secure a shared-use path construction right-of-entry and easement at the Department of Land & Natural Resources parcel for improvements to the Lydgate Park to Kapaa Bike/Pedestrian Path as follows: • Grant of Perpetual, Non-Exclusive Easement to the County of Kauai, Bike/Pedestrian Purposes, and Issuance of aRight-of-Entry Permit, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-6-14:portion of 30, dated May 8, 2009 (Board of Land and Natural Resources PSF No. 09KD-039 (Kauai)); and • To indemnify, defend, and hold the State of Hawaii, Department of Land & Natural Resources harmless: Approved. CLAIMS: C 2009-262 Communication (07/01/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Alan K. Buchan for damages to his personal property, 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 2009-263 Communication (07/06/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Myles Azeka for damages 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 REPORT: APPROVED. RESOLUTIONS: Resolution No. 2009-46, RESOLUTION ESTABLISHING A CROSSWALK, STOP SIGNS, SHARED-USE PATH, AND REDEFINING TRAFFIC LANES ON PAPALOA ROAD, KAPAA DISTRICT, COUNTY OF KAUAI: Approved. Bernard P. Carvalho, Jr., Mayor July 23, 2009 Page 4 of 5 Resolution No. 2009-47, RESOLUTION REPEALING RESOLUTION NO. 2006-20, AND REAPPOINTING MEMBERS TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION: Approved. Resolution No. 2009-48, RESOLUTION TO ESTABLISH A SPECIAL ADVISORY COMMITTEE TO REVIEW AND RECOMMEND AMENDMENTS TO THE RULES OF THE COUNTY COUNCIL OF THE COUNTY OF KAUAI: Deferred. BILLS FOR FIRST READING: Proposed Draft Bill No. 2320 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION: Approved on first reading, schedule public hearing for August 19, 2009 at 1:30 p.m., and thereafter referred to the Parks/Transportation Committee. Proposed Draft Bill No. 2321 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION: Approved on first reading, schedule public hearing for August 19, 2009 at 1:30 p.m., and thereafter referred to the Public Works/Elderly Affairs Committee. Proposed Draft Bill No. 2322 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (ADU Building Permit deadline extension for non-residentially zoned land): Referred to the Planning Commission. BILLS FOR SECOND READING: Bill No. 2291 - A BILL FOR AN ORDINANCE AMENDING SECTION 8-24.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE: Approved. EXECUTIVE SESSION: ES-392 Pursuant to Haw. Rev. Stat. sections 92-4, 92-5(a)(2), (4) and (8), and Kauai County Charter §3.07(E), the purposes of this executive session are to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved and associated matters. This briefing and Bernard P. Carvalho, Jr., Mayor July 23, 2009 Page 5 of 5 consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item: Received for the record in open session-no discussion. 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