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Home My WebLink About2006-11-21 agendaCOUNCIL MEETING NOTICE and AGENDA TUESDAY, NOVEMBER 21, 2006 9:00 A.M. OR SOON THEREAFTER 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: Mid-Month Meeting of October 25, 2006 Special Council Meeting of November 1, 2006 Special Council Meeting of November 15, 2006 Public Hearing of October 11, 2006, re: Bill No. 2196 Public Hearing of November 9, 2006, re: Bill No. 2199 COMMUNICATIONS: C 2006-351 Communication (06/05/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of June, 2006. C 2006-352 Communication (08/02/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of July, 2006. C 2006-353 Commnunication (10/05/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of August, 2006. C 2006-354 Commnunication (10/05/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of September, 2006. Council Meeting Agenda 2 November 21, 2006 C 2006-355 Communication (10/20/2006) from the Director of Finance, transmitting for Council information, the Iiaua`i Humane Society's First (quarter Report for FY 2007, and Financial Statement and Independent Auditor's Report for the year ended June 80, 2006. (Firucirucicil Stcitem.erut cirud Irrdeperrderrt Auditor's Report oru file iru the Coieraty Clerk's Office.) (~' 2006-356 Request (11/25/2006) from the Office of the County Attorney requesting approval to expend up to $100,000 for special counsel's continued representation of County defendants in Rine C. Lum v. I~aua`i County Council, et al., Civ. No. 06-00068 SOM/BMI~ (U.S. District Court, District of Hawaii) and related matters. CLAIMS: C 2006-357 Cormnunication (11/06/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Tyler Iwamoto, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. Cc_)MMITTEE REPc_)RTS: PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-31: on Bill No. 2199 AN ORDINANCE AMENDING ORDINANCE NU. B- 2006-646, RELATING TU THE OPERATING BiJDGET OF THE COiJNTY OF KAiJA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JiJLY 1, 2006 TO JUNE v0, 2007, BY REVISING THE BUDGET PROVISIONS ("Plan Review Permit Processing Inspection Revolving Fund" ) [Approved.] CR-PPW 2006-32: on C 2006-337 Connuuiucation (10/lb/2006) from the Chief of Field Operations and Maintenance, Department of Public Works, requesting Council approval of the Island Wide Resurfacing List for FY 2006-2007. [Approved.] CR-PPW 2006-33: on C 2006-844 Connuuiucation (11/02/2006) from Councilmenxber Shaylene Iseri-Caxvalho, requesting the County Engineer to be present at the Novenxber 9, 2006 Council meeting to update the Council as to the status of the I~apaia Swinging Bridge. [Received for the record.] Council Meeting Agenda 8 November 21, 2006 PLANNING COMMITTEE REPORT: CR-PL 2006-18: on Bill No. 2178 A BILL FUR. AN ORDINANCE AMENDING SECTION 5-261, KAiJA`I COiJNTY CODE, 1957, RELATING TU ADDITIONAL DWELLING UNIT UN OTHER THAN RESIDENTIALLY ZONED LOTS [Approved as amended.] BILLS FOR SECOND READING: Bill No. 2199 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2006- 645, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2006 TO JUNE 30, 2007, BY REVISING THE BUDGET PROVISI( )NS ("Plan Review Permit Processing & Inspection Revolving Fund") (Tire Parks & Public IVorks Committee recommended approval orr 11-15-2006) Bill No. 2173, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x SECTION 8-26.1, I~AUA`I COUNTY CODE, 1987, RELATING TO ADDITIONAL DWELLING UNIT ON OTHER THAN RESIDENTIALLY ZONED L( )TS (Tire Plcirarai.rrg Committee recommended cipprovcd cis cimerrded ora 11-15-2006) 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). (Corufiderutial reports oru 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-244 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)-(6) and 92F-13(2)-(3), the purpose of this executive session is to provide a Council briefing on the case of Rine C. Lum v. Iiaua`i County Council, et al., Civ. No. 06-00068 SOM/BMIi (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, irmnunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 4 November 21, 2006 NOTE: If the Council is not finished «rith this meeting by approximately 1:30 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2200 - AN ORDINANCE AMENDING ORDINANCE NO. B-2006-645, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAI `l, FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($290,967.00 Kauai Inuasiue Species Committee) Bill No. 2201 - 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) (Recommendation from the Planning Commission) Bill No. 2202 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW CHAPTER, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE HOUSING POLICY FOR THE COUNTY OF KAUAI ar 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 La~v. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE NIEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.