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Home My WebLink About 11/18/2009 11/18/2009 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 November 18, 2009 TO: Bernard P. Carvalho, Jr., Mayor FROM: Bill "Kaipo" Asing, Council Chair SUBJECT: NOVEMBER 18, 2009, COUNCIL MEETING This is to inform you of the action taken by the Council at its November 18, 2009 Council meeting and any follow-up that was requested: COMMUNICATIONS: C 2009-356 Communication (10/14/2008) from the Director of Planning, transmitting the Planning Commission's recommendation for approval to amend the Comprehensive Zoning Ordinance relating to closing the County Open District "density bonus" by imposing controls on development of land zoned as County Open and Agriculture Districts within the State Land Use Agricultural District. (Received for the record.) C 2009-357 Communication (10/20/2009) from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 102, Villas at Puali, located in Puhi at 1918 Haleukana Street, Lihue, Kauai, Hawaii 96766, and provide the owners none-year waiver of the County's repurchase right effective the date of the Council's decision. (Approved.) C 2009-358 Communication (10/20/2009) from the Director of Finance, requesting Council approval to create a temporary Mobile Data Terminal (MDT) Administrator Position within the IT Division to assist with the implementation of the MDT rollout in the Fire and Police Departments. (Approved.) C 2009-359 Communication (10/22/2009) from the Director of Parks and Recreation, requesting Council approval to accept a "Welcome Wall" sign at Hofgaard Park in Waimea valued at $10,000 from the West Kauai Business and Professional Association (WKBPA). (Approved with a thank-you letter to follow.) Council Meeting Follow-Up Memo to the Mayor November 18, 2009 Page Two C 2009-360 Communication (10/23/2009) from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 49, Villas at Puali, located in Puhi at 4042 Puali Place, Lihue, Kauai, Hawaii 96766, and provide the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision. (Approved.) C 2009-361 Communication (10/28/2009) from the Director of Parks and Recreation, requesting Council approval to accept a "Welcome Wall" sign at MacArthur Park in Kekaha valued at $1,700, donated by Billy DeCosta and Waimea High School Woodshop Class, and Ronald Badua. (Approved with a thank-you letter to follow.) C 2009-362 Communication (10/29/2009) from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 29, Villas at Puali, located in Puhi at 1937 Hokunui Place, Lihue, Kauai, Hawaii 96766, and provide the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision. (Approved.) C 2009-363 Communication (10/29/2009) from the Director of the Office of Economic Development, requesting Council approval to amend the West Kauai Technology and Visitor Center lease between Kikiaola Land Company, Limited, and the County of Kauai to allow the operation of a gift shop. (Approved.) C 2009-364 Communication (10/30/2009) from Derek S.K. Kawakami, Hawaii State Association of Counties (HSAC) President, requesting Council approval of the proposals included in the 2010 HSAC Legislative Package. (Approved as amended.) C 2009-365 Communication (11/06/2009) from Councilmember Derek S.K. Kawakami, requesting the presence of the Mayor's Administrative Assistant to discuss the County's legislative proposals for the 2010 State Legislative Session and to provide an update on bills passed during the 2009 Legislative Session. (Received for the record.) C 2009-366 Communication (11/06/2009) from the Mayor, requesting agenda time for County's Congressional Lobbyist Roger Gwinn, of the Ferguson Group to provide an overview and update on various projects in the County's federal package. (Received for the record.) C 2009-367 Communication (11/12/2009) from Council Chair Asing, requesting that the Council reconsider its approval of Bill No. 2319, Draft 2, relating to shoreline setback and coastal erosion, which was unanimously approved at the November 4, 2009 Council meeting, to re-insert the phrase "...that the proposed activity or structure..." into Section 8-27.8(c)(4) on pages 12-13 of Bill No. 2319, Draft 2. (Received for the record.) LEGAL DOCUMENT: C 2009-368 Communication (11/03/2009) from the Chief of Wastewater, Department of Public Works, requesting Council approval of a Subgrant Agreement between the County of Kauai and Gay & Robinson Inc., which will provide funding of $382,300 from the Federal Environmental Protection Agency (EPA) grant to the Council Meeting Follow-Up Memo to the Mayor November 18, 2009 Page Three sub-recipient for Water Infrastructure - Pakala Village Wastewater Treatment Works, Makaweli, County of Kauai, Hawaii, Grant Assistance ID No. XP-96967701-1. • Subgrant Agreement by and between the County of Kauai and Gay & Robinson Inc. for Water Infrastructure - Pakala Village Wastewater Treatment Works, Makaweli, County of Kauai, Hawaii, Grant Assistance ID No. XP-96967701-1. (Approved.) C 2009-369 Communication (11/06/2009) from the Director of Housing requesting (a) approval of the Disposition Agreement, (b) deferment of approval to close pending completion of the due diligence phase and confirmation by the consultant that the site is acceptable for residential development, and (c) approve the Right-of-Entry Agreement and authorize the County Clerk to execute this legal document in order to allow the County to undertake the due diligence review of the subject parcel regarding the purchase agreement to acquire a 75-acre parcel of land in Eleele, Kauai, for the purpose of providing future affordable housing as follows: 1. Disposition Agreement between McBryde Sugar Company, Limited and County of Kauai Re: TMK (4) 2-1-01:027 (por.), Wahiawa, Koloa, Kauai, Hawaii; (Approved.) 2. Right-of-Entry Agreement by McBryde Sugar Company, Limited granting to the County of Kauai a nonexclusive right-of-entry to Tax Map No. (4) 2-1-01-27. (Approved.) CLAIMS: C 2009-370 Communication (10/29/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Lori H. Wada for reimbursement of costs for damages incurred while on County business, 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 2009-371 Communication (10/30/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Hideo Wakuta 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.) C 2009-372 Communication (11/02/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Carl D. Kehrer 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 REPORT: APPROVED. Council Meeting Follow-Up Memo to the Mayor November 18, 2009 Page Four BILL FOR FIRST READING: Proposed Draft Bill No. 2339 - A BILL FOR AN ORDINANCE AMENDING ARTICLE 8 OF CHAPTER 8 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS IN THE OPEN DISTRICT: (Approved on first reading, public hearing scheduled for December 16, 2009, and thereafter referred to the Planning Committee.) BILL FOR RECONSIDERATION: Bill No. 2319, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, IiAUA`I 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): (Reconsidered and approved as amended.) 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-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