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Home My WebLink About11-18-2009 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY NOVEMBER 18, 2009 Nra' 12 % -ar 9:00 A.M. UK SOUN-THEREAk"I'Eff- COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meeting of the Council: Council Meeting of October 21, 2009 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. (Planning Commission's findings and staff reports, and transcripts on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2339) 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, Lihu`e, 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. 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. 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). Council Meeting Agenda 2 November 18, 2009 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, Lihu`e, 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. 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. C 2009-362 Communication (10/29/2009) from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 29, Villas at Puah, located in Puhi at 1937 Hokunui Place, Lihu`e, 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. 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 Kiikiaola Land Company, Limited, and the County of Kauai to allow the operation of a gift shop. 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. 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. 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. 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. Council Meeting Agenda 3 November 18, 2009 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 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. 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 `Ele`ele, 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, K61oa, Kauai, Hawaii; 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. 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 Kaua`i.. 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. 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. Council Meeting Agenda 4 November 18, 2009 COMMITTEE REPORT: ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORT: CR-PL 2009-13: on PL 2009-2 Communication (9/22/2009) from Jay Furfaro, Committee Chair, requesting that Dianne Zachary, President & CEO, of Kauai Planning & Action Alliance, brief the Committee on the top ten planning issues for Kauai. [Received for the record.] 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 BILL FOR RECONSIDERATION: Bill No. 2319, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI 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) (Approved on second and final reading 11-04-2009) 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.) 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371. Council Meeting Agenda 5 November 18, 2009 NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2332 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 6, KAUAI CO UNTY CODE 1987 RELATING TO THE ENERGY CODE Bill No. 2333 - 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 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($150,000 - Kapa`a-Wailua Development Plan) Bill No. 2334 - 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 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Transfer $230,000 from Kapa`a New Fire Station to Piikoi Building Design) j Bill No. 2335 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, SEC. 13-4.1, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ELECRICAL CODE AND ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS A STANDARD FOR ALL ELECTRICAL WORK For complete information, including a summary of the item, please refer to the official Notice of Public Hearing. The official Notice of Public Hearing has been published, posted on the bulletin board, and filed in the County Clerk's Office as required by law. Notwithstanding this Council Agenda, the Council may hold a public hearing on any item which has been posted in advance in compliance with the Sunshine Law.