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Home My WebLink About01/07/2010 01/06/2010 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 January 7, 2010 TO: Bernard P. Carvalho, Jr., Mayor FROM: Bill "Kaipo" Asing, Council Chair SUBJECT: JANUARY 6, 2010, COUNCIL MEETING This is to inform you of the action taken by the Council at its January 6, 2010 Council meeting and any follow-up that was requested: COMMUNICATIONS: C 2010-01 Communication (11/30/2009) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council consideration, a draft bill amending Chapter 21, Article 7 of the Kauai County Code 1987, that addresses conditions imposed by the Hawaii State Department of Health in the newly issued operating permit for the Kekaha Landfill. (Received for the record.) C 2010-02 Communication (12/01/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for November 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 2010-03 Communication (12/10/2009) from the Director of Planning, transmitting the Planning Commission's recommendation relating to Proposed Draft Bill No. 2342 to implement the Lihue Town Core Urban Design Plan of 2009 and amend Chapter 10, Article 5 of the Kauai County Code 1987 to establish special planning areas for the Lihue Town Core, and exceptions, modifications and additions to Chapters 8 and 10 of the Kauai County Code. (Received for the record.) Council Meeting Follow-Up Memo to the Mayor January 7, 2010 Page Two C 2010-04 Communication (12/23/2009) from the Mayor, requesting Council consideration and confirmation of the following appointments and reappointments to various Boards and Commissions for the County of Kauai: (1) Building Board of Appeals Lawrence J. Dill (Engineer) -Term ending 12/31/2012 (2) Cost Control Commission Linda Faye Collins - Filling an unexpired term ending 12/31/2011 (3) Fire Commission Jan C. Rudinoff -Term ending 12/31/2012 Basilio Fuertes, Jr. -Term ending 12/31/2012 (4) Police Commission George Tiffany -Term ending 12/31/2012 (5) Salary Commission William Dahle -Term ending 12/31/2012 (Received for the record.) C 2010-05 Communication (12/24/2009) from the Director of Finance, requesting Council consideration of a draft bill authorizing the issuance of general obligation bonds of the County of Kauai for the purpose of financing certain public improvements and refunding certain bonds of the county; fixing or authorising the fixing of the form, denominations, and certain other details of such bonds and providing for the sale of such bonds to the public. (Received for the record.) C 2010-06 Communication (12/24/2009) from the Director of Finance, requesting Council consideration of a proposal to amend Ordinance No. B-2009-691, relating to capital improvements and financing thereof for the Fiscal Year July 1, 2009 to June 30, 2010 within the Bond Fund and General Fund to address the proposed issuance of the County's 2010 General Obligation Bonds. (Received for the record.) C 2010-07 Communication (12/29/2009) from Jay Furfaro, Councilmember, requesting the presence of Douglas Hinrichs, Vice President - Marketing Transformation and Project Development, SENTECH Inc., to present the draft Kauai Energy Sustainability Plan to the Council. (Received for the record.) C 2010-08 Communication (12/02/2009) from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 407, Hookena at Puhi, located in Puhi at 2080 Manawalea Street, Lihue, 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.) Council Meeting Follow-[Jp Memo to the Mayor January 7, 2010 Page Three C 2010-09 Communication (12/09/2009) from the Chief of Wastewater, Department of Public Works, requesting Council approval to replace two (2) Air Flow and Temperature Instruments at the Wailua Wastewater Treatment Plant (WWTP) at a cost of approximately $10,000.00, in which funding for the replacements ($10,000.00) is available in the Wastewater Division Equipment Repair and Maintenance account. (Approved.) C 2010-10 Communication (12/24/2009) from the Fire Chief, requesting Council approval to fund the cost of the acquisition of a public use helicopter via a 10-year lease to be used to enhance and support search and rescue, firefighting, ocean safety, training and other services of the Kauai Fire Department and other departments in the County of Kauai. (Referred to the Budget & Finance Committee on January 27, 2010.) LEGAL DOCUMENT: C 2010-11 Communication (12/24/2009) from the Executive on Transportation, requesting Council approval to indemnify the Kawailoa Development LLP to establish a bus stop on their property at the Po`ipu Bay Golf Course. • Right-of-Entry Agreement by and between the County of Kauai and Kawailoa Development LLP to establish a bus stop on their property at the Poipu Bay Golf Course. (Approved.) CLAIMS: C 2010-12 Communication (12/09/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Kevin Carter, representative for McDonald's Restaurant, for damages to the McDonald's Restaurant in Eleele, 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 2010-13 Communication (12/10/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Alex Soares 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 2010-14 Communication (12/14/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Curtis Lofstedt, owner, Island Helicopters Kauai, Inc., for damages to the business site at the Lihue Airport, 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.) RESOLUTIONS: Resolution No. 2009-75, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Rowena Tachibana, Second Term) (Approved.) Council Meeting Follow-Up Memo to the Mayor January 7, 2010 Page Four Resolution No. 2009-76, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Camilla Chieko Matsumoto, Second Term, At-Large) (Approved.) Resolution No. 2009-77, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Roy Asao Oyama, Second Term) (Approved.) Resolution No. 2009-78, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gerald Shigemi Matsunaga, Second Term) (Approved.) Resolution No. 2010-01, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Lisa Ann Wilson, First Term) (Approved.) Resolution No. 2010-02, RESOLUTION AMENDING RESOLUTION NO.2009-06 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYOR APPOINTEE TO THE BOARD OF REVIEW (Russell S. Kyono, First Term, replacing Richard Koenig, Jr.) (Approved.) Resolution No. 2010-03, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Warren C. R. Perry, First Term) (Approved.) Resolution No. 2010-04, RESOLUTION CONFIRMING MAYORAL APPOINTNIENT TO THE BOARD OF ETHICS (Brad R. Nagano, First Term) (Approved.) Resolution No. 2010-05, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Roy M. Morita, First Term) (Approved.) Resolution No. 2010-06, RESOLUTION AMENDING RESOLUTION NO. 2007-111 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE COST CONTROL COMMISSION (Lawrence Chaffin, Jr., First Term, replacing Nadine Nakamura) (Approved.) Resolution No. 2010-07, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Dirk Kapualani Joseph Apao, First Term) (Approved.) Resolution No. 2010-08, RESOLUTION AMENDING RESOLUTION NO.2009-16 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE SALARY COMMISSION (Charles G. King, First Term, replacing Tom Cooper) (Approved.) Resolution No. 2010-09, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Dennis P. Aquino, First. Term, Fire) (Deferred pending interview.) Resolution No. 2010-10, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Gerald T. Nakasone, First Term, At-Large) (Deferred pending interview.) Council Meeting Follow-Up Memo to the Mayor January 7, 2010 Page Five Resolution No. 2010-11, RESOLUTION AMENDING RESOLUTION NO. 2007-97 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE SALARY COMMISSION (Sheri S. Kunioka-Volz, First Term, replacing Dawn Murata) (Deferred pending interview.) Resolution No. 2010-12, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BUILDING BOARD OF APPEALS (Lawrence J. Dill, Engineer) (Approved.) Resolution No. 2010-13, RESOLUTION AMENDING RESOLUTION NO. 2009-08 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE COST CONTROL COMMISSION (Linda Faye Collins, replacing Lorna A. Nishimitsu) (Deferred pending interview.) Resolution No. 2010-14, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Jan C. Rudinoff) (Approved.) Resolution No. 2010-15, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Basilio Fuertes, Jr.) (Approved.) Resolution No. 2010-16, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (George Tiffany) (Received for the record.) Resolution No. 2010-17, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (William Dahle) (Approved.) BILLS FOR FIRST READING: Proposed Draft Bill No. 2341 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 21, ARTICLE 7, KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: (Approved on first reading, public hearing scheduled for February 3, 2010, and thereafter referred to the Public Works/Elderly Affairs Committee.) Proposed Draft Bill No. 2342 - A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING AND DEVELOPMENT PLANS FOR THE LIHUE TOWN CORE AREA AND ESTABLISHING EXCEPTIONS, MODIFICATIONS AND ADDITIONS TO CHAPTER 8 AND CHAPTER 10 OF THE KAUAI COUNTY CODE 1987: (Approved on first reading, public hearing scheduled for February 3, 2010, and thereafter referred to the Planning Committee.) Proposed Draft Bill No. 2343 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE Council Meeting Follow-Up Memo to the Mayor January 7, 2010 Page Six SALE ON SUCH BONDS TO THE PUBLIC: (Approved as amended on first reading, public hearing scheduled for February 3, 2010, and thereafter referred to the Budget & Finance Committee.) Proposed Draft Bill No. 2344 - 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 TO JUNE 30, 2010, BY REVISING THE REVENUES AND APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP): (Approved as amended on first reading, public hearing scheduled for February 3, 2010, and thereafter referred to the Budget & Finance Committee.) Proposed Draft Bill No. 2345 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING 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 (Acquisition of a Public Use Helicopter via a 10-year lease): (Approved on first reading, public hearing scheduled for February 3, 2010, and thereafter referred to the Budget & Finance Committee.) 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 Coto) 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