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Home My WebLink About 10/21/2009 10/21/2009 Council meeting follow-up letterCOUNTY COUNCIL OFFICE OF THE COUNTY CLERK Bill "Kaipo" Asing, Chair Jay Furfaro, Vice Chair Peter A. Nakamura, County Clerk Tim Bynum Dickie Chang Telephone (808) 241-6371 Daryl W. Kaneshiro Fax (808) 241-6349 Lani T. Kawahara Email cokcouncil@kauai.gov Derek S. K. Kawakami Council Services Division 4396 Rice Street, Room 206 Lihue, Kauai, Hawaii 96766-1371 MEMORANDUM October 21, 2009 TO: Bernard P. Carvalho, Jr., Mayor FROM: Bill "Kaipo" Asing, Council Chair SUBJECT: OCTOBER 21, 2009, COUNCIL MEETING This is to inform you of the action taken by the Council at its October 21, 2009 Council meeting and any follow-up that was requested: COMMUNICATIONS: C 2009-322 Communication (09/15/2009) from Councilmember Tim Bynum, transmitting for Council review and consideration, a proposal to establish a Rules Sub-Committee to the Committee of the Whole to review and propose amendments to the Rules of the County Council of the County of Kauai. (Received for the record.) C 2009-323 Communication (09/21/2009) from the Chief of the Engineering Division, Department of Public Works, transmitting for Council approval, resolutions to establish crosswalks, stops, stop lines, yields, speed limits, school bus stops and public transportation bus stops within the Pikake Subdivision Phases I and II. (Received for the record.) C 2009-324 Communication (09/30/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council consideration, amendments to Article 6, Energy Conservation, Chapter 12 entitled "Building Code" of the Kauai County Code 1987, as amended. (Received for the record.) C 2009-325 Communication (10/09/2009) from the Director of Planning, transmitting for Council consideration, a proposed bill revising the Surplus and Appropriations estimated in the General Fund and appropriating $150,000 for the Kapaa-Wailua Development Plan (East Kauai Community Development Plan). (Received for the record.) C 2009-326 Communication (10/09/2009) from the Director of Finance, transmitting for Council consideration, a proposed draft bill amending Ordinance No. B-2009-691, relating to the Fiscal Year 2009-2010 Capital Budget and transferring $230,000 from the Kapaa New Fire Station to the Piikoi Building Design Project for architectural and engineering services. (Received for the record.) Council Meeting Follow-Up Memo to the Mayor October 21, 2009 Page Two C 2009-327 Communication (10/09/2009) from the Chief of Wastewater, Department of Public Works, transmitting for Council consideration, a resolution authorizing the Mayor or the Director of Finance of the County of Kauai to enter into an intergovernmental agreement with the State of Hawaii, Department of Health, for a loan from the American Recovery and Reinvestment Act of 2009 portion of the State Water Pollution Control Revolving Fund for the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No, C150047-04. (Received for the record.) C 2009-328 Communication (10/13/2009) from the Planning Director, transmitting for Council information, in accordance with Section 11-3.1 of the Kauai County Code 1987, as amended, the Affidavit as to the mailing and delivery of the Notice to area residents relating to Bill No. 2328 (State Land Use Boundary Amendment) and Bill No. 2329 (General Plan Designation Amendment), for County of Kauai, Applicant: County of Kauai, Tax Map Key: 5-2-017:028, Kilauea, Kauai, Hawaii. (Received for the record.) C 2009-329 Communication (09/25/2009) from the Director of Parks & Recreation, requesting Council approval to accept two (2) replacement laser finished plaques donated by Patrick and Jocelyn Contrades valued at $3,000 for the Kauai Veterans Cemetery. (Approved with thank-you letter.) C 2009-330 Communication (10/15/2009) from the Council Chair, transmitting for Council review and consideration, an amendment to the Rules of the County Council of the County of Kauai relating to travel requests. (Received for the record.) LEGAL DOCUMENT: C 2009-331 Communication (09/25/2009) from the Executive on Transportation, Transportation Agency, requesting Council approval to indemnify the U.S. Wildlife Service Kauai National Wildlife Refuge Complex (Haraguchi Farm) to establish a bus stop on their property. • Right-of-Entry Agreement by and between the U.S. Wildlife Service Kauai National Wildlife Refuge Complex and the County of Kauai for a bus stop on Haraguchi Farm property. (Approved.) CLAIMS: C 2009-332 Communication (09/25/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Yvonne D. Fisher for personal injury, as well as for credit card interest, pain and suffering, 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 2009-333 Communication (09/30/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Joseph Bonachita for damage 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 REPORTS: APPROVED. Council Meeting Follow-Up Memo to the Mayor October 21, 2009 Page Three RESOLUTIONS: Resolution No. 2009-55, RESOLUTION TO ESTABLISH A RULES SUB-COMMITTEE TO COMMITTEE OF THE WHOLE TO REVIEW AND PROPOSE AMENDMENTS TO THE RULES OF THE COUNTY COUNCIL OF THE COUNTY OF KAUAI (Received for the record.) Resolution No. 2009-56, RESOLUTION ESTABLISHING CROSSWALKS WITHIN PIKAKE SUBDIVISION PHASES I & II, LIHU`E DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2009-57, RESOLUTION ESTABLISHING PUBLIC TRANSPORTATION BUS STOPS AT KAUILA STREET AND MAKAA STREET, PIKAKE SUBDIVISION PHASES I & II, LIHUE DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2009-58, RESOLUTION ESTABLISHING SCHOOL BUS STOPS AT KAUILA STREET AND MAKAA STREET, PIKAKE SUBDIVISION PHASES I & II, LIHUE DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2009-59, RESOLUTION ESTABLISHING SPEED LIMITS WITHIN PIKAKE SUBDIVISION PHASES I & II, LIHUE DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2009-60, RESOLUTION ESTABLISHING STOP SIGNS, STOP LINES, YIELD SIGNS, AND YIELD LINES ON COUNTY ROADWAYS WITHIN PIKAKE SUBDIVISION PHASES I & II, LIHUE DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2009-61, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH FOR A LOAN FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 PORTION OF THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA WASTEWATER TREATMENT PLANT EXPANSION, PHASE I, PROJECT NO. C150047-04 (Approved.) Resolution No. 2009-62, RESOLUTION AMENDING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS (Travel Requests) (Deferred.) BILL FOR RECONSIDERATION: Bill No. 2331 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "ELECTRICAL CODE," ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS STANDARD FOR ALL ELECTRICAL WORK: (Received for the record.) Council Meeting Follow-Up Memo to the Mayor October 21, 2009 Page Four BILLS FOR FIRST READING: Proposed Draft Bill No. 2332 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 6, KAUAI COUNTY CODE 1987 RELATING TO THE ENERGY CODE: (Approved on first reading, public hearing scheduled for November 18, 2009, and thereafter referred to the Public Works/Elderly Affairs Committee.) Proposed Draft Bill No. 2333 - 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 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($150,000 - Kapaa-Wailua Development Plan): (Approved on first reading, public hearing scheduled for November 18, 2009, and thereafter referred to the Budget & Finance Committee) Proposed Draft Bill No. 2334 - 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 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Transfer $230,000 from Kapaa New Fire Station to Pi`ikoi Building Design): (Approved on first reading, public hearing scheduled for November 18, 2009, and thereafter referred to the Budget & Finance Committee) Proposed Draft Bill No. 2335 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, SEC. 13-4.1, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ELECTRICAL CODE AND ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS A STANDARD FOR ALL ELECTRICAL WORK: (Approved on first reading, public hearing scheduled for November 18, 2009, and thereafter referred to the Public Works/Elderly Affairs Committee) BILLS FOR SECOND READING: Bill No. 2319, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8, Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection): (Deferred.) 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): (Approved.) Bill No. 2323 - 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 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($132,000 - Moana Kai (Fujii Shoreline Design/Permit): (Approved.) Council Meeting Follow-Up Memo to the Mayor October 21, 2009 Page Five Bill No. 2324 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN NAWILIWILI, KAUAI (MORI Golf (Kauai) LLC., Applicant): (Approved.) Bill No. 2325 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2006-382, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kauai), LLC., Applicant): (Approved.) Bill No. 2326, Draft 1 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-2006-383, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kauai), LLC., Applicant): (Approved.) Bill No. 2327 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2006-384, RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kauai), LLC., Applicant): (Approved.) 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-mall: 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