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Home My WebLink About07-08-2009 COUNCIL RECAP COUNTY COUNCIL OFFICE OF THE COUNTY CLERK BILL "KAIPO" ASING, CHAIR 4T Council Services Division JAY FURFARO, VICE CHAIR 7 Elections Division TIM BYNUM v DICKIE CHANG -~PETER A. NAKAMURA, County Clerk DARYL W. KANESHIRO': ERNESTO G. PASION, Deputy County Clerk LANI T. KAWAHARA >i' Telephone: (808) 241-6371 DEREK S.K. KAWAKAMI 4396 RICE STREET, ROOM 206 Facsimile: (808) 241-6349 LTHU`E, KAUAI, HAWAII 96766-1371 E-mail: cokcouncil@kauai.gov MEMORANDUM July 9, 2009 TO: BERNARD P. CARVALHO, JR., MAYOR FROM: BILL "KAIPO" ASING, COUNCIL CHAIR SUBJECT: JULY 8, 2009 COUNCIL MEETING This is to inform you of the action taken by the Council at its July 8, 2009 Council meeting and any follow-up that was requested: C 2009-224 Communication (06/01/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for May 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 2009-225 Communication (06/08/2009) from the Director of Personnel Services, transmitting for Council information, the following classification request which the Department of Personnel Services will be reviewing and taking appropriate action: • Finance Department, Position No. 222 (Redescription - Review of Real Property Appraiser V) • Finance Department, Position No. 216 (Redescription - Review of Real Property Appraiser IV) • Finance Department, Position 225 (Reallocation of Student Intern to Tax Clerk) Received for the record. C 2009-226 Communication (06/10/2009) from the Director of Personnel Services, transmitting for Council information, the following classification request which the Department of Personnel Services will be reviewing and taking appropriate action: • Finance Department, (New Position - Initial Allocation, IT Specialist) Received for the record. AN EQUAL OPPORTUNITY EMPLOYER Bernard P. Carvalho, Jr., Mayor July 9, 2009 Page 2 of 6 C 2009-227 Communication (06/12/2009) 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 2009-228 Communication (06/16/2009) from the Director of Finance, transmitting for Council information the Period 10 Financial Reports - Statement of Revenues as of April 30, 2009: Received for the record C 2009-229 Communication (06/18/2009) from the Director of Personnel Services, transmitting for Council information an amended copy of the County of Kaua`i's revised Personal Services Contract: Received for the record C 2009-230 Communication (06/24/2009) from Councilmember Derek S.K. Kawakami, requesting agenda time for Paula L. Hartzell, Ph.D., Conservation Initiatives Coordinator, Hawaii Division of Forestry and Wildlife, to present a briefing on the State Habitat Conservation Plan (HCP): Received for the record C 2009-231 Communication (05/11/2009) from the Housing Director, requesting Council approval to decline the repurchase of Unit No. 63, Villas at Puali, located in Puhi at 4024 Puali Place, Lihu`e, Kauai, Hawaii 96766, and permit market sale of the unit for a period of one-year: Approved. C 2009-232 Communication (05/28/2009) from the Fire Chief, requesting Council approval to apply for, receive, and expend the Assistance to Fire Fighters Grant (AFG) to purchase four (4) complete Portable Hydraulic Extrication Systems in the amount of $81,112 which is 80% of the grant and the remaining 20% or $20,278 will be from the Kauai Fire Department's budget: Approved. C 2009-233 Communication (06/04/2009) from the Fire Chief, requesting Council approval to apply for, receive, and expend the Assistance to Fire Fighters Grant (AFG) Fire Station Construction Grant, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) in the amount of $5,000,000 which will defray the construction cost of the new Kealia Fire Station if awarded: Received for the record. Bernard P. Carvalho, Jr., Mayor July 9, 2009 Page 3 of 6 C 2009-234 Communication (06/22/2009) from the Prosecuting Attorney, requesting Council approval to: 1) Apply for, receive, and expend State funds for the continuation of the Kauai Career Criminal Prosecution Program in the amount of $117,272; and 2) Indemnify the State of Hawaii, Department of the Attorney General. The funding received will be expended on salaries and wages for the Career Criminal Prosecution unit to continue the program for the term commencing July 1, 2009 through June 30, 2010: Approved. C 2009-235 Communication (06/24/2009) from the Prosecuting Attorney, requesting Council approval to: 1) Apply for, receive, and expend Federal Funds for the Kauai Victim of Crime Act (VOCA) Expansion Program, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) in the amount of $34,461; and 2) Indemnify the State of Hawaii, Department of the Attorney General. The funding received will be expended on contract services for the YWCA Kauai for the Sexual Treatment Program as well as the Family Violence Shelter for the term commencing September 1, 2009 up to August 31, 2012: Approved. C 2009-236 Request (06/24/2009) from the Office of the County Attorney for authorization to expend additional funds up to $100,000 for special counsel to represent the County in 1000 Friends of Kauai, et al. v. Department of Planning, et al., Civ. No. 07-1-0007 (Fifth Circuit Court); Coconut Beach Development, LLC v. County of Kauai, et al., Civ. No. 07-1-0026 (Fifth Circuit Court); Coconut Plantation Holdings, LLC v. County of Kauai, et al., Civ. No. 07-1-0027 (Fifth Circuit Court); Coconut Beach Development LLC v. Bryan Baptiste, et al., Civ. No. 08-00036 SOM/KSC (U.S. District Court, District of Hawaii) and associated matters: Approved. C 2009-237 Request (06/25/2009) from the Office of the County Attorney for authorization to expend funds up to $75,000 for special counsel to represent the Planning Department of the County of Kauai in 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 2009-238 Communication (06/25/2009) from the Prosecuting Attorney, requesting Council approval to: 1) Apply for, receive, and expend State Funds for the Kauai Victim Witness Assistance Program, in the amount of $38,219; and 2) Indemnify the State of Hawaii, Department of the Attorney General. Bernard P. Carvalho, Jr., Mayor July 9, 2009 Page 4 of 6 The funding received will be expended on salaries and fringes for the Office of the Prosecuting Attorney, Victim/Witness Program for the term commencing July 1, 2009 up through June 30, 2010: Approved. C 2009-239 Communication (06/30/2009) from the Director of Parks & Recreation, requesting Council approval to donate a set of two (2) wooden picnic tables with an approximate value of $800 to the Salvation Army Lihu`e Corps to service the K6kua Soup Kitchen: 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, Lihu`e, Kauai, Hawaii, 96766, and provide the owner with a one-year waiver of the resale restriction: Deferred. LEGAL DOCUMENT: C 2009-240 Communication (05/12/2009) from the Mayor, recommending Council approval of the following: • Deed by Port Allen Residential, LLC, conveying to the County of Kauai Roadway Lots 64 through 67, Port Allen Residential Subdivision, `Ele`ele, Kauai, for roadway purposes: Approved. C 2009-241 Communication (05/18/2009) from the Mayor, recommending Council approval of the following: • Dedication Deed by Canela Group LLC, conveying to the County of Kauai Roadway Lots 83-B-4 and 84-B-4, Canela Residential Subdivision, Wainiha, Kauai, for roadway purposes: Approved. C 2009-242 Communication (05/18/2009) from the Mayor, recommending Council approval of the following: • Dedication Deed by Grove Farm Properties, Inc., conveying to the County of Kauai Roadway Lots 1692 through 1699, incl., Map 171 and Lots 1795 through 1801, incl., Map 175, Land Court Application No. 1087 (amended), Pikake Phases I and II, Lihu`e, Kauai, for roadway purposes: Approved C 2009-243 Communication (06/23/2009) from the Executive on Transportation, Transportation Agency, transmitting for Council approval a recommendation to indemnify the landowners to establish bus stops on their property as follows: • Right-of-Entry Agreement by and between Hyatt Corporation, as agent of Kawailoa Development, a Hawaii general partnership, dba Grand Hyatt Kauai Resort and Spa and the County of Kauai for the Kauai Bus to establish a bus stop Bernard P. Carvalho, Jr., Mayor July 9, 2009 Page 5 of 6 for picking up and dropping off of passengers on their premises located by the guest check-in entrance on the west side of the property: Approved. CLAIMS: C 2009-244 Communication (06/15/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by State Farm Mutual Automobile Insurance Company as subrogee for Brigetta Walsh, for damages to her 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 2009-245 Communication (06/24/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Charles M. Saiki, for damages 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 2009-246 Communication (06/24/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by DTG Operations, Inc. (DBA Dollar Rent-A-Car), for damages to their 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. RESOLUTIONS: Resolution No. 2009-45 - 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. BILLS FOR SECOND READING: Bill No. 2314 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12 OF THE KAUAI COUNTY CODE - 1987 ENTITLED "BUILDING CODE": Approved. Bernard P. Carvalho, Jr., Mayor July 9, 2009 Page 6 of 6 Bill No. 2315 - A BILL FOR AN ORDINANCE TO AMEND ARTICLE 9 OF CHAPTER 6, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO THE HOUSING REVOLVING FUND: Approved. Bill No. 2316 - A BILL FOR AN ORDINANCE TO AMEND ZONING CONDITION IN ORDINANCE NO. PM-31-79, RELATING TO ZONING DESIGNATION IN PO`IPU, KAUAI (Kiahuna Land Company, a Hawaii limited partnership; and Po`ipu Town Center, LLC, Applicants): 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. 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