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Home My WebLink About09-29-2010 Council Meeting RECEIVED COUNCIL MEETING NOTICE and AGENDA WEDNESDAY SEPTEMBER 29 2010 9:00 A.M. OR SOON THEREAFTER '10 SEP 23 P2 .36 COUNCIL CHAMBERS 3371-A Wilcox Road~,~~~ OF Lihu`e, Kauai, Hawaii 96766 THE COUNTY OLEf1 COUNTY OF KAUA`1 MEETING CALLED TO ORDER. t. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meeting of the Council. Council Meeting of September 15, 2010 COMMUNICATIONS. C 2010-247 Communication (08/31/2010) from the Chief of the Engineering Division, Department of Public Works, requesting Council consideration of a traffic resolution establishing 15 mile-per-hour, 20 mile-per-hour, and 25 mile-per-hour speed limits within the Konohiki Estates Subdivision. (See Resolution No. 2010-49) C 2010-245 Communication (09/01/2010) from the Chief of the Engineering Division, Department of Public Works, requesting Council consideration of a traffic resolution establishing stop signs and stop lines within the Puhi Self Help Housing Subdivision. (See Resolution No. 2010-50). C 2010-249 Communication (09/01/2010) from the Chief of the Engineering Division, Department of Public Works, requesting Council consideration of a traffic resolution establishing a 25 mile-per-hour speed limit for the roadways within the Puhi Self Help Housing Subdivision. (See Resolution No. 2010-51) C 2010-250 Communication (09/02/2010) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Reports for August 2010- 1) Building Permit Processing Report 2) Building Permit Estimated Value Summary 3) Building Permits Tracking Report 4) Building Permits Status Council Meeting Agenda 2 September 29, 2010 C 2010-251 Communication (09/23/2010) from Councilmember Derek S.K. Kawakami, requesting Council consideration of an amendment to Chapter 9 of the Kauai County Code 1987, as amended, relating to the Subdivision Ordinance, which would clarify the extent to which County agencies impose off-site infrastructure requirements and would allow subdivisions that create no additional lots or additional residential density, or place an increased demand on public infrastructure to proceed without unwarranted conditions or requirements. (See Proposed Draft Bill (No. 2380)) C 2010-252 Communication (09/01/2010) from the County Engineer, requesting Council approval to accept a donation of recycled glass products (estimated value $21,645 00) from Last Chance Glass, Inc., the former recycled glass manufacturer at Kauai Resource Center, to be used for public prizes and giveaways through the County Recycling Office. C 2010-253 Communication (09/07/2010) from the Director of Housing, recommending Council approval of the following: (1) to decline the repurchase of Unit No. 201 at Hookena at Puhi, located at 2080 Manawalea Street, Lihu`e, Hawaii 96766, and (2) to issue the owner a one-year waiver of the County's repurchase right effective the date of the Council's decision, thus providing the owner the ability to sell the unit on the open market for a period of one year C 2010-254 Communication (09/08/2010) from the Prosecuting Attorney, requesting Council approval to expend $10,000 00 from the State Asset Forfeiture Fund for the purchase of two (2) laptop computers and two (2) desktop computers to replace several computers purchased in 2005 and 2006. IT will not be able to support the older computers after the warranties expire. C 2010-255 Communication (09/09/2010) from the Director of Parks and Recreation, requesting Council approval to accept a donation of eighty (80) tons of sand (valued at $17,000 00) from TOMCO Corp to be used at the Wailua Golf Course. C 2010-256 Communication (09/16/2010) from the Environmental Services Management Engineer, requesting Council approval to execute the Application and Permit for the Occupancy and Use of State Highway Right-of-Way with its indemnification provision, in order to remove a derelict vehicle in Wainiha which will require the closure of the State highway for approximately one (1) hour C 2010-257 Request (09/21/2010) from the Office of the County Attorney for authorization to expend funds up to $50,000 00 to engage special counsel to represent the County defendants in James T. Jasper II v. County of Kaua'i, et al. and related matters. Council Meeting Agenda 3 September 29, 2010 LEGAL DOCUMENTS. C 2010-258 Communication (08/26/2010) from the Mayor, recommending approval of the following from K D Kapule LLC, a Hawaii limited liability company- -Dedication Deed conveying roadway Lot 1-B (S-2010-03, KD Kapule LLC) at Kalapaki, Lihu`e, Kauai, Hawaii, to the County for road widening improvements. C 2010-259 Communication (08/30/2010) from the Director of Housing, requesting Council approval of the modified Housing Agreement (Allowable Density for Subdivision No. S-2008-21), Princeville Prince Golf Course, LLC, that properly identifies the lots by their new Tax Map Key numbers. Housing Agreement (Allowable Density for Subdivision No S-2008-21), Tax Map Key (4) 5-3-006:001 and 026 through 045 CLAIM. C 2010-260 Communication (09/13/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Garden Isle Disposal, Inc., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORT- PLANNING COMMITTEE CR-PL 2010-15 on Bill No. 2366 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987 RELATING TO VISITOR DESTINATION AREA DESIGNATION FOR WAIPOULI, KAPA`A, KAUAI HAWAII (Kaua`i Kai Associates, Applicant) [Approved.] RESOLUTIONS- Resolution No 2010-49, RESOLUTION ESTABLISHING SPEED LIMITS WITHIN KONOHIKI ESTATES SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No 2010-50, RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES ON COUNTY ROADWAYS WITHIN PUHI SELF HELP HOUSING SUBDIVISION LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No. 2010-51, RESOLUTION ESTABLISHING SPEED LIMIT RESTRICTIONS WITHIN PUHI SELF HELP HOUSING SUBDIVISION LIHU`E DISTRICT, COUNTY OF KAUAI Council Meeting Agenda 4 September 29, 2010 BILL FOR FIRST READING Proposed Draft Bill (No. 2380) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE SUBDIVISION ORDINANCE BILL FOR SECOND READING Bill No. 2366 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO VISITOR DESTINATION AREA DESIGNATION FOR WAIPOULI, KAPAA, KAUAI, HAWAII (Kaua`i Kai Associates, Applicant) (The Planning Committee recommended approval, see CR-PL 2010-15) EXECUTIVE SESSION Pursuant to Haw Rev Stat. ("H.R.S §92-7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S §92-4 and shall be limited to those items described in H.R.S §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-468 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kaua'i County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing on James T. Jasper II v. County of Kaua'i, et al., Civ No. 10-1- 0187, (Fifth Circuit Court) and related matters. The briefing and 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. ES-469 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3 07(E), the Office of the County Attorney requests an executive session with the Council to discuss legal issues pertaining to the implementation of Ordinance 885. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 3371-A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO 241-4188