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Home My WebLink About10-07-2009 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, OCTOBER 7, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. k APPROVAL OF AGENDA. w' COMMUNICATIONS: C 2009-317 Communication (09/01/2009) from the Chief of Building Division, Public Works Department, transmitting amendments to Chapter 13 (Electrical Code) of the Kauai County Code 1987, and adopting the National Electrical Code, 2008 Edition, as the standard for all electrical work. (See Proposed Draft Bill No. 2331) C 2009-318 Communication (09/18/2009) from Ronald A. Sato, AICP, Project Manager, Wilson Okamoto Corporation, transmitting for Council information, in accordance with Article 3, Section 11-3.1 (c)(2)(A) of the Kauai County Code 1987, as amended, the Affidavit as to the mailing and delivery of the Notice to area residents relating to Bill No. 2324 (State Land Use District Boundary Amendment), Bill No. 2325 (General Plan Amendment), Bill No. 2326 (Zoning Amendment), and Bill No. 2327 (Visitor Destination Area (VDA) Amendment), for Kauai Lagoons Resort Density Amendment Project, Applicant: MORI Golf (Kaua`i), LLC, Tax Map Keys: (4) 3-5-01:por. 27 and por. 168, Nawiliwili, Kauai, Hawaii. (Copy on file in the County Clerk's Office.) C 2009-319 Communication (07/14/2009) from the Chief of Police, requesting Council approval to expend $12,000.00 in asset forfeiture funds to purchase four (4) laptop computers for the Traffic Safety Unit (TSU) which will be used to utilize the newest version of the Mapscenes software. Council Meeting Agenda 2 October 7, 2009 C 2009-320 Communication (09/11/2009) from the Housing Director, requesting Council approval of the process of the purchase and repair of 4262 Oama Place, Lihu`e, Hawaii 96766 (Hokulei Estates) and to allow a second acquisition on an offer to purchase in the County's NSP Foreclosure Acquisition Repair and Resale project which has been accepted at $336,000.00. CLAIMS: C 2009-321 Communication (09/17/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by State Farm Insurance for damages to Jim Delacruz' vehicle, pursuant to Section 23.06, Charter of the County of Kauai. BILLS FOR FIRST READING: Proposed Draft Bill No. 2330 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-229-91, RELATING TO ZONING DESIGNATION IN KILAUEA, KAUAI (County of Kauai, Applicant) (Deferred 0912312009) Proposed Draft Bill No. 2331 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "ELECTRICAL CODE," ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS STANDARD FOR ALL ELECTRICAL WORK BILLS FOR SECOND READING: Bill No. 2321, Draft 1 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION (Deferred 0912312009) 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, H.R.S. §92-5(a), and Kauai County Charter §3.07E. (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.) Council Meeting Agenda 3 October 7, 2009 ES-404 Pursuant to Haw.Rev.Stat. sections 92-4 and 92-5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and to request authority for a possible settlement proposal in the case of County of Kauai vs. Carvalho Enterprises, et al., Civil No. RC-09-1-0558 (District Court of the Fifth Circuit) and related matters. This 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-405 Pursuant to Haw. Rev. Stat. sections 92-4, 92-5(a)(4) and (8), and Kauai 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, update, and to request authority relating to the expansion of the Kekaha Landfill, adjoining areas, and related matters. 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. Council Meeting Agenda 4 October 7, 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 2322 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (ADU Building Permit deadline extension for non-residentially zoned land) Bill No. 2323 - 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 ($132,000 - Moana Kai (Fujii Shoreline Design /Permit) Bill No. 2324 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY INNAWILIWILI, KAUAI (MORI Golf (Kaua`i) LLC, Applicant) Bill No. 2325 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PM-2006- 382, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant) Bill No. 2326 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO PM-2006-3831 RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kauai), LLC, Applicant) Bill No. 2327 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PM-2006- 384, RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kauai), LLC, Applicant) 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. 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. TELEPI30NE N0.241-63'71.