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Home My WebLink About2006-10-25 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, OCTOBER 25, 2006 10:00 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. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Mid-Month Meeting of September 27, 2006 Special Meeting of September 27, 2006 Regular Meeting of October 11, 2006 COMMUNICATIONS: C 2006-323 Communication {10/0512006) from Councilmembers Jay Furfaro and JoAnn A. Yukimura, requesting Council 7approval to appropriate $290,967.00 from the surplus estimated in the General Fund to the Office of Economic Development to support the Kauai Invasive Species Committee {KISC) on the eradication efforts of the coqui frog infestation currently in the Lawa`i area, and continue the efforts of KISC. (See Proposed Draft Bill 1~Ta. 2200) C 2006-324 Communication (10/05/2006) from the Director of Planning, transmitting the Planning Commission's recommendation to amend Condition No. 3{t) of Ordinance No. PM-2001-356 extending the timefraine to complete substantial construction of the hotel beyond the existing five {5) year timeframe for a period of 18 months from the date of the Shoreline Certification from the State of Hawaii. (See Prop~~sed, Draft Bill 1Vo. 2201) Council 11~Ieeting Agenda 2 October 25, 2006 C 2006-325 Communication (1011012006) from the Executive on Housing, transmitting for Council action, a bill amending the Kauai County Code 1987, as amended to establish a housing policy for the County of Kauai. (See. Proposed. D~°aft F~ill,1V0. 202) C 2006-326 Communication (1011312006) from Council Chair Bill "Kaipo" Asing, and Councilmember JoAnn A. Yukimura, transmitting for Council consideration, a bill amending the CZO to prohibit "superstores" in the County of Kauai. (See Proposed Draft Bill 14'0. ~~0~3) C 2006-327 Communication (10/11/2006) from the Chief, Engineering Division, transmitting for Council action, a traffic resolution establishing a school bus stop on Puhi Road in the vicinity of Puali Subdivision, Lihu`e District. (See Resolution. 1470. 200G-3a) C 2006-328 Communication (09/29/2006) from the Mayor, transmitting for Council information, a list of members appointed to serve on the Kauai County Arborist Advisory Committee: 1. Mr. Alvin Kyono, DLNR Forestry Division 2. Dr. David Lorence, National Tropical Botanical Garden 3. Ms. Laurie Ho, Resource Conservation & Development 4. Ms. Gabrielle Young, Kauai Outdoor Circle 5. Ms. Barbara Pendragon, County Planning Department C 2006-329 Communication (1010512006) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the FY 06/07 1St Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's office) C 2006-330 Communication (09!2512006) from the County Engineer, requesting Council approval to purchase one (1) set of scaffolding with casters including a work platform, for approximately $622.91 from the other supplies account, for the Lihu`e Wastewater Plant Centrifuge Station, replacing the present scaffold which was condemned by Hawaii OSHA (Occupational Safety and Health Administration). C 2006-331 Communication (10/1012006) from the Auto Equipment Supervisor, requesting Council approval to purchase a new wheel balancer for approximately $6,000.00, which is available in the Repair Shop Heavy Equipment account, replacing a wheel balancing machine that is 15 years old, and currently inoperable. Council Meeting Agenda 8 October 25, 2006 C 2006-332 Communication (10/09/2006) from Clayton Ii. Arinaga, Acting Chief of Police, requesting Council approval to apply for, accept, and upend a Department of Transportation Highway Safety grant for $10,500.00 to purchase three (3) L.T.I. Ultralyte lasers to conduct speed enforcement in and around school zones while school is in session. C 2006-333 Request (10/13/2006) from the Office of the County Attorney for authorization to expend up to $250,000 from the special counsel account for special counsel to represent the County in Bruce Fehrine, et al. v. James H. Pflueeer, et al., Civ. No. 06-1-0082 (Fifth Circuit Court) and related matters. (Complaiatit oiti file iati tltie Couitity Clerk's nffi.ce) CLAIMS: C 2006-334 Commnunication (10/05/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Guy Ii. Holt, for loss of personal property and emotional distress, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-335 Communication (10/06/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Lisa Waldman, for damages to her vehicle, pursuant to Section 28.06, Charter of the County of Kauai. Cc_)MMITTEE REPc_)RTS: ECONOMIC DEVELOPMENT COMMITTEE REPORT: CR-ED 2006-4: on Bill No. 2198 AN ORDINANCE AMENDING ORDINANCE NU. B-2000- 646 AS AMENDED, RELATING TU THE CAPITAL BiJDGET OF THE COiJNTY OF KAiJA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JiJLY 1, 2006 THROUGH JUNE v0, 2007, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FiJND ($75,000.00 I~lauea Irrigation Water Engineex2ng/Design/Monitoring Grant) [Approved.] Council Meeting Agenda 4 October 25, 2006 COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-15: on Resolution No. 2006-33 RESOLUTION AUTHORIZING EXEMPTIONS FOR `ELE`ELE I LUNA PROJECT [Approved as amended.] PARKS & PUBLIC «rORKS COMMITTEE REPORT: CR-PPW 2006-28: on Resolution No. 2006-29 RESOLUTION AUTHORIZING CLOSURE OF `EIWA STREET, LIHU`E, KAUAI [Received for the record.] RESOLUTIONS: Resolution No. 2006-34, RESOLUTION APPOINTING MEMBER TO THE SALARY COMMISSION (Abigail, Santos, Coacncr,l Appointee., Partial Terns etipiring 12/1 /OG) (Deferred, 1 D/11 /2006) Resolution No. 2006-33, Draft 1 - RESOLUTION AUTHORIZING EXEMPTIONS FOR `ELE`ELE I LUNA PROJECT (Tlae Comrnacraity Assistance Comrrzittee r°ecornn~aeradecl approval as arraencled, on 10/18/2006) Resolution No. 2006-29 -RESOLUTION AUTHORIZING CLOSURE OF `EIWA STREET, LIHU`E, KAUAI (Tlie Pa,r°ks & Pacblic VVor°ks Comrraittee r°ecomrneradecl r°eceivirag for tlae recor°d ora 10/18/2006) Resolution No. 2006-35, RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON PUHI ROAD, LIHU`E DISTRICT, COUNTY OF KAUAI BILLS FOR FIRST READIN(x: Proposed Draft Bill No. 2194 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITION IN ORDINANCE NO. PM-2001-356, RELATING TO ZONING DESIGNATION IN MAKAWELI, KAUAI {Kaua`i County Council, Applicant) Proposed Draft Bill No. 2200 - AN ORDINANCE AMENDING ORDINANCE NO. B-2006-645, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPR(_)PRIATIONS ESTIMATED IN THE GENERAL FUND {$290,967.00 Kauai Invasive Species Committee) Council Meeting Agenda 5 October 25, 2006 Proposed Draft Bill No. 2201 - A BILL F( )R AN ORDINANCE AMENDIN( x ZONING CONDITION IN ORDINANCE N( ). PM-2001-356, RELATING T( ZONING DESIGNATION IN MAI~AWELI, I~AUA`I (I~aua`i County Council, Applicant) (Recommendation from the Planning Cormnission) Proposed Draft Bill No. 2202 - A BILL F(_)R AN ORDINANCE T(_) ESTABLISH A NEW CHAPTER, IiAUA`I Cc_)UNTY Cc_)DE 1987, AS AMENDED, RELATING Tc_) THE Hc_)USING Pc_)LICY Fc_)R THE Cc_)UNTY OF IiAUA`I Proposed Draft Bill No. 2203 - A BILL F(_)R AN ORDINANCE T(_) AMEND CHAPTER 8, IiAUA`I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) THE C(_)MPREHENSIVE Z(_)NING ORDINANCE (Superstores) BILLS Fc_)R SECc_)ND READING: Bill No. 2198 - AN ORDINANCE AMENDING ORDINANCE NO. B-2000-646 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2006 THR( )UGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPR( )PRIATIONS ESTIMATED IN THE GENERAL FUND ($75,000.00 Iulauea Irrigation Water Engineering/Design/Monitoring Grant) (Tire Ecouomi.c Development Committee recommended approval orr 10/18/2006) 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 orti file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cire closed to the public.) ES-239 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is for the Office of the County Attorney to provide a Council briefing on Bruce Fehrine, et al. v. James H. Pflueeer, et al., Civ. No. 06-1-0082 (Fifth Circuit Court) and related matters. This 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. Council Meeting Agenda 6 October 25, 2006 ADJOURNMENT. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANC~UAC~E INTERPRETER AND INTERPRETERS FOR NON-ENCxLISH 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, IiAUA`I. TELEPHONE NO. 241-6371.