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Home My WebLink About 08/06/2009 08/05/2009 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 August 6, 2009 TO: BERNARD P. CARVALHO, JR., MAYOR FROM: BILL "KAIPO" ASING, COUNCIL CHAIR SUBJECT: AUGUST 5, 2009 COUNCIL MEETING This is to inform you of the action taken by the Council at its August 5, 2009 Council meeting and any follow-up that was requested: C 2009-264 Communication (06/30/2009) from the Director of Planning, transmitting the Planning Commission's automatic approval in accordance to Section 8-22.5(a) of amendments contained in ZA-2009-8 (Proposed Draft Bill No. 2298) due to their inability to reach a majority vote: Received for the record. C 2009-265 Communication (07/03/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for June 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 2009-266 Communication (07/08/2009) from the Director of Finance, transmitting for Council information the Period 11 Financial Reports - Statement of Revenues as of May 31, 2009: Received for the record. C 2009-267 Communication (07/16/2009) from Councilmember Tim Bynum, requesting Council Chair's rationale for denying his travel request: Received for the record. C 2009-268 Communication (07/22/2009) from Councilmember Derek S.K. Kawakami, transmitting for Council consideration, a resolution to honor "Uncle" Macarthur Dela Cruz, who recently passed away, by naming the Kekaha beach park "Macarthur Park:" Received for the record. C 2009-269 Communication (07/24/2009) from Councilmembers Tim Bynum and Lani T. Kawahara, transmitting for Council consideration, a resolution to amend Rule 10(c) by clarifying that the placement of any proposed bill or resolution on the agenda is not a matter of discretion with the Chair or Vice Chair to grant or deny, but merely administrative in nature: Received for the record. Bernard P. Carvalho, Jr., Mayor August 6, 2009 Page 2 of 4 C 2009-270 Communication (07/24/2009) from Harold Matsunaga, requesting agenda time to speak to the Council regarding long-term affordable rental tax matter: Received for the record. C 2009-271 Communication (07/21/2009) from the Prosecuting Attorney, requesting Council approval to: 1) Apply for, receive, and expend Federal Funds in the amount of $44,831 for the Prosecuting Attorney's Office and the Kauai Police Department. The funding received will be expended on equipment (DVD player, video camera, Laser Jet Printer, Color Laser Printer, and a television) and training for the Office of the Prosecuting Attorney. Funds will also be used for the Kauai Police Department (K-PAL equipment). Grant funds will be utilized to commence the programs on October 1, 2009 to September 30, 2012: Approved. C 2009-272 Request (07/24/2009) from the Office of the County Attorney for authorization to expend additional funds up to $35,000 for Contract No. 7909 to engage special counsel to represent the Planning Department of the County of Kauai in the lawsuit, County of Kauai vs. Lady Ann Cruises Inc et al., Civ. No. 09- 1-0165 (Fifth Circuit Court), which arose out of Planning Department of the County of Kauai vs. Patricia W. & Michael G. Sheehan Sr ,Permit Numbers: Special Management Area Use; Permit SMA (U) 87-8; Use Permit U-87-32; Special Permit SP-87-9; Class IV Zoning Permit Z-IV-87-40 (The Planning Commission of the County of Kauai, State of Hawaii) and related matters: Approved. C 2009-273 Request (07/30/2009) from the Office of the County Attorney for authorization to expend up to $90,000 from the special counsel account to engage bond counsel to advise the County with legal and technical advice on bond matters: Approved. 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: Received for the record. C 2009-274 Communication (07/30/2009) from Council Chair Bill "Kaipo" Asing, requesting agenda time to inform Councilmembers on recent changes made in the following areas of Council procedures: 1) Councilmembers' access to the agenda. 2) Placement of public documents, (including meeting minutes) on the County's website. 3) Timely circulation of Council documents; and 4) Access to information by the public and Councilmembers: Received for the record. Bernard P. Carvalho, Jr., Mayor August 6, 2009 Page 3 of 4 LEGAL DOCUMENT: C 2009-275 Communication (07/08/2009) from the County Engineer, transmitting for Council approval to secure a construction right-of-entry and utility easement at the Department of Land and Natural Resources parcel for the purpose of the installation of a 12" waterline that will supply water service to the Kealia Fire Station for which construction will begin in August 2009 as follows: • Grant of Perpetual, Non-Exclusive Easement to the County of Kauai, Department of Water Supply for Waterline Purposes, and Issuance of a Right-of- Entry Permit, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-6-14:111; and • To indemnify, defend, and hold the State of Hawaii, Department of Land & Natural Resources harmless: Approved. C 2009-276 Communication (07/28/2009) from the Director of Parks & Recreation, transmitting for Council approval to secure a shared-use path property adjustment agreement at the Lae Nani Condominium parcel to relocate the existing public sidewalk on private land to be adjacent and part of the shared-use path as follows: • Property Adjustment Agreement by and between the Association of Apartment Owners of Lae Nani, Inc., a Hawaii Nonprofit Corporation, and the County of Kauai, portion of Tax Map Key No. (4) 4-3-02:10, containing an area of approximately 3,600 square feet: Approved. RESOLUTIONS: 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: Received for the record. Resolution No. 2009-49, RESOLUTION NAMING THE KEKAHA BEACH PARK "MACARTHUR PARK" IN HONOR OF "UNCLE" MACARTHUR DELA CRUZ: Approved. Resolution No. 2009-50, RESOLUTION AMENDING RESOLUTION NO. 2009-02, RELATING TO ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS: Received for the record. BILLS FOR FIRST READING: Proposed Draft Bill No. 2298 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS: Approved on first reading, schedule public hearing for September 9, 2009 at 1:30 p. m., and thereafter referred to the Planning Committee. Bernard P. Carvalho, Jr., Mayor August 6, 2009 Page 4 of 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. 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