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Home My WebLink About2006-09-27 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 27, 2006 9:00 A.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Iiaua`i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Regular Meeting of August 16, 2006 Mid-Mouth Meeting of August 30, 2006 CUMMUNICATIUNS: C 2006-303 Communication (08/28/2006) from the Director of Personnel Services, transmitting for Council information, the fourth quarter report (April-June) relative to vacancies, established positions, new hires, reallocations and promotions. (Corufideruticil r~epor~ts oru file iru the Coieraty Clerk's Office.) C 2006-304 Communication (09/05/2006) from the Mayor, transmitting for Council information his appointment of Allan A. Smith to the County of Iiaua`i Salary Commission, a partial term, which empires on December 1.2006. C 2006-305 Commnunication (09/18/2006) from Councihnember Jay Furfaro, declaring a possible conflict of interest on C 2006-295 and Resolution No. 2006-33 from the September 13, 2006 Council meeting agenda, because of his current involvement and position on the Iiaua`i Habitat for Humanity Board of Directors. Council Meeting Agenda 2 September 27, 2006 C 2006-306 Communication (08/31/2006) from the Acting Chief of Police Clayton Ii. Arinaga, requesting Council approval to apply for, accept, and expend $4,000 from the United States Department of Justice grant funds for the Project Safe Neighborhood Program for FY 2006, pursuant to an agreement with the Young Men's Christian Association ('MCA) of Honolulu, who may disperse the federal overtime funds to the Kauai Police Department to control and prevent crimes that involve firearms and facilitate anti-gang prevention. C 2006-307 Commnunication (09/07/2006) from the Fire Chief, requesting Council approval to change the quantity and type of hose, and to add nozzles and attack monitors (hands free nozzles) to the equipment that was requested in the FY 2007 budget line item, for which costs are within the appropriated budget amount of $46,000.00. C 2006-308 Commnunication (09/20/2006) from Councihnember Iseri-Carvalho, requesting that the Director, Offices of Community Assistance update the Council at the September 27, 2006 Council meeting on the use of County parks as it relates to the Newell's shearwater. LEGAL DOCUMENT: CA 2006-11, as amended "Amended Agreement (Kaua`i Lagoons Affordable Housing)" between the County of Kauai and Kauai Lagoons LLC, IiD Waipouli LLC IiD Kapule LLC and IiD Golf Ownership LLC amending an "Agreement (Kaua`i Lagoons Affordable Housing)" dated February 18, 2005, in order to describe the affordable housing units which will have to be provided, and to define the manner and timing of the development of such affordable housing units in order for the developer to fulfill its obligations under Ordinance No. PM-2002-863. (The Com.ma~ruity Assistance Com.m.ittee recommeitided approval as ameitided oiti 09/20/2006) CLAIMS: C 2006-309 Commnunication (09/15/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by James Loo, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 8 September 27, 2006 Cc_)MMITTEE REPc_)RTS: FINANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-F/IGR 2006-6: on F/IGR 2006-1 Communication (7/27/2006) from Councilmember Kaneahiro, F/IGR Committee Chair, requesting that the Administration submit proposals, justifications, and draft bills for consideration to be included in the 2007 Kauai County Legislative Package. [Received for the record.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-14: on CA 2006-11 "Amended Agreement (Iiaua'i Lagoons Affordable Housing)" between the County of Iiaua'i and Kauai Lagoons LLC, IiD Waipouli LLC, IiD Iiapule LLC, and IiD Golf Ownership LLC, amending an "Agreement (Kaua`i Lagoons Affordable Housing)" dated February 18, 2005, in order to describe the affordable housing units which will have to be provided, and to define the manner and timing of the development of such affordable housing units in order for the developer to fulfill its obligations under Ordinance No. PM-2002-~6~. [Approved as amended.] PLANNING COMMITTEE REPORTS: CR-PL 2006-14: on Bill No. 2190 CR-PL 2006-15: on Bill No. 2191, Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 7, KAUAI COUNTY CODE 1987, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (Kaua`i Lagoons LLC, and KD Golf Ownership LLC, Applicants) [Approved.] A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (Kaua`i Lagoons LLC, KD Golf Ownership LLC, and KD Kapule LLC, Applicants) [Approved as amended.] Council Meeting Agenda 4 September 27, 2006 CR-PL 2006-16: on Bill No. 2192, Draft 1 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 17, hAUA`I COUNTY CODE 1987 RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, IiAUA`I (Iiaua`i Lagoons LLC, and IiD Golf Ownership LLC, Applicants) [Approved as amended.] RESULUTIUNS: Resolution No. 2006-83, RES(_)LUTI(_)N AUTH(_)RIZING EYEMPTI(_)NS F(_)R `ELE`ELE I LUNA PR(_)JECT (Deferred 09/13/2006) BILLS Fc_)R SECc_)ND READING: Bill No. 2190 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 7, I~AUA`I COUNTY CODE 1987, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (I~aua`i Lagoons LLC, and IUD Golf Ownership LLC, Applicants) (Tire Planniarg Committee recommended approval on 09/20/2006) Bill No. 2191, Draft 2 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (I~aua`i Lagoons LLC, KD Golf )wnership LLC, and IiD Iiapule LLC, Applicants) (Tire Plarrrriarg Committee recommertided approval as amended orti 09/20/2006) Bill No. 2192, Draft 2 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 8, ARTICLE 17, IiAUA`I Cc_)UNTY Cc_)DE 1987 RELATING Tc_) VISITc_)R DESTINATIc_)N AREA DESIGNATIc_)N IN NAWILIWILI, IiAUA`I (Kaua`i Lagoons LLC and IiD Golf (_)wnership LLC Applicants) (Tire Plcirarai.rrg Committee recommended cipprovcd cis cimerrded ora 09/20/2006) EYECUTIVE SESSI(_)N: 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). (Corufiderrtial reports orr file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held iar Executive Sessi.orr are closed to fire publi.c.) Council Meeting Agenda 5 September 27, 2006 ADJOLTRN112ENT. NOTE: If the Council is not finished with this meeting by appraxima 1:30 p.m., it «rill recess for public hearings. After the public heari the Council «rill reconvene to complete any unfinished business. Bill No. 2195 - A BILL FOR A14' ORDINANCE AMENDING ARTICLE 1, CHAPTER 19, KA COUNTY CODE 1987, AS AMENDED, RELATING TO REGULATION AND CONTROL COUNTYPARKS AND RECREATIONAREAS Resolution No. 20D6-29, RESOLUTION AUTHORIZING CLOSURE OF `EIWA STREET, KAUAI For complete information, including a summary of the item, please refer to the of Notice of Public Hearing. The official Notice of Public Hearing has been published, p on the bulletin board, and filed in the County Clerk's Office as required by Notwithstanding this Council Agenda, the Council may hold a public hearing on any 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. TELEPHONE NO. 241-6371.