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Home My WebLink About 10/20/2011 10/19/2011 Council meeting follow-up letterCOUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali'i Nadine K. Nakamura Mel Rapozo Council Services Division 4396 Rice Street, Suite 209 Uihu'e, Kauai, Hawaii 96766 October 20, 2011 Im FROM: SUBJECT: OFFICE OF THE COUNTY CLERK Ricky Watanabe, Interim County Clerk Eduardo Topenio, Jr., Deputy County Clerk Telephone (808) 241-4188 Fax (808) 241-6349 Email cokcouncil(a)kauai.gov Bernard P. Carvalho, Jr., Mayor Jay Furfaro, Council Chair OCTOBER 19, 2011, COUNCIL Mayor This is to inform you of the action taken by the Council at its October 19, 2011 Council meeting and any follow-up that was requested: C 2011-287 Statement of the Condition of the Treasury as of August 12, 2011 C 2011-288 Communication (09/23/2011) from the County Engineer, transmitting for Council consideration a traffic resolution to establish a 15 mile per hour speed limit within the Kekaha Residential Lots Unit 4 — Subdivision, Waimea District, County of Kauai. C 2011-289 Communication (09/23/2011) from the County Engineer, transmitting for Council consideration, a traffic resolution to establish stop signs and stop lines within Kekaha Residential Lots Unit — 4 Subdivision, Waimea District, County of Kaua'i. C 2011-290 Communication (09/26/2011) from the Interim Planning Director, transmitting for Council consideration, the Planning Commission's recommendation to amend Chapter 8, Article 7, of the Kaua'i County Code 1987, as amended, to clarify permitting requirements regarding farm worker housing. C 2011-291 Communication (09/26/2011) from the Interim Director of Planning, transmitting for Council consideration, the Planning. Commission's recommendation to amend Chapter 8 of the Kaua'i County Code, as amended, to establish an imposition of civil fine authority for the County of Kaua'i Planning Department. C 2011-292 Communication (10/10/2011) from Councilmember Nakamura, transmitting for Council consideration, amendments to Chapter 8, Kaua'i County Code 1987, relating to the Comprehensive Zoning Ordinance (CZO), to exclude bus stops, bus shelters and public multi-use paths from land coverage calculation by amending the definition of "Land Coverage" and adding a new definition for "Public Shared Use Path" in Section 8-1.5 of the CZO. 1-1 AN EQUAL OPPORTUNITY EMPLOYER G 10),-5 Council Meeting Follow-up Memo to the Mayor October 20, 2011 Page 2 SPECIAL ORDER OF THE DAY: C 2011-286 Request (09/27/2011) from the Office of the County Attorney for authorization to expend funds up to $75,000.00 to retain special counsel to represent the County of Kaua'i in County of Kauai vs. Michael Guard Sheehan, et al., Civil No. 11-1-0098 (Condemnation), Fifth Circuit Court, and related matters. (Approved.) COMMUNICATIONS: C 2011-293 Communication (09/26/2011) from the County Engineer, requesting Council approval to (1) apply for and receive support (including engineering and construction labor and equipment) from the Department of Defense Civil-Military Innovative Readiness Training Program and (2) the associated Release and Hold Harmless Agreement, to construct the Kawaihau Spur elevated boardwalk section of the Lydgate-Kapa'a Bike/Pedestrian Path. (Approved.) C 2011-294 Request (10/13/2011) from the Office of the County Attorney for authorization to expend additional funds up to $15,000.00 to enable special counsel's continued representation in Michael G. Sheehan vs. County of Kauai, et al., Civil No. 10-1-0161 (Agency Appeal), Fifth Circuit Court, currently being appealed by Mr. Sheehan under Intermediate Court of Appeals No. CAAP-11-0000601, and related matters. (Approved.) CLAIMS: C 2011-295 Communication (09/27/2011) from then County Clerk Peter A. Nakamura, transmitting a claim filed against the County of Kaua'i by Rona C. Sakai for damage to her 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 2011-296 Communication (10/05/2011) from then County Clerk Peter A. Nakamura, transmitting a claim filed against the County of Kaua'i by Eric Rita for financial loss, and emotional and psychological distress, pursuant to Section 23.06, Charter of the County of KauaT (Referred to the County Attorney's Office for disposition and/or report back to the Council.) COMMITTEE REPORTS: APPROVED. RESOLUTIONS: Resolution No. 2011-73, Draft 1, RESOLUTION TO ADOPT THE PRINCIPLES OF ZERO WASTE AS THE WASTE MANAGEMENT POLICY FOR THE COUNTY OF KAUAI (Approved as amended.) Resolution No. 2011-74, RESOLUTION ESTABLISHING A SPEED LIMIT WITHIN THE KEKAHA RESIDENTIAL LOTS UNIT-4 SUBDIVISION WAIMEA DISTRICT, COUNTY OF KAUAI (Approved.) Resolution No. 2011-75, RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES WITHIN THE KEKAHA RESIDENTIAL LOTS UNIT-4 SUBDIVISION WAIMEA DISTRICT, COUNTY OF KAUAI (Approved.) Council Meeting Follow -up Memo to the Mayor October 20, 2011 Page 3 BILLS FOR FIRST READING Proposed Draft Bill (No. 2420) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Clarifying farm worker housing permitting requirements) (Approved on first reading, public hearing scheduled for November 16, 2011, and thereafter referred to the Planning Committee.) Proposed Draft Bill (No. 2421) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 24 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, FOR THE IMPOSITION OF CIVIL FINE AUTHORITY FOR THE COUNTY OF KAUAI PLANNING DEPARTMENT (Approved on first reading, public hearing scheduled for November 16, 2011, and thereafter referred to the Planning Committee.) Proposed Draft Bill (No. 2422) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Excluding bus stops, bus shelters and public multi -use paths from land coverage calculation) (Referred to the Planning Commission for recommendation.) BILLS FOR SECOND READING Bill No. 2412 — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 20, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO UNLAWFUL CONSUMPTION, POSSESSION OR CONTROL OF INTOXICATING LIQUOR WITHIN PARKING LOTS AND GROUNDS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU`E CIVIC CENTER (Approved.) Bill No. 2413 — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 21, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO URINATING OR DEFECATING IN PUBLIC AREAS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU`E CIVIC CENTER (Approved.) Bill No. 2414 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B -2011 -732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($5,600.00 — Office of the County Clerk) (Received for the record.) EXECUTIVE SESSION ES -507 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kauai County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to represent the County of Kauai in County of Kauai vs. Michael Guard Sheehan et al Civil No. 11 -1 -0098 (Condemnation), Fifth Circuit Court, and related matters. The briefing and Council Meeting Follow-up Memo to the Mayor October 20, 2011 Page 4 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. (No executive session held; received for the record.) 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: KCT Department Heads KCT CCs Staff