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Home My WebLink About09-21-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 21, 2011 11:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371 -A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Special Council Meeting of August 17, 2011 Special Council Meeting of August 24, 2011 Public Hearing of September 7, 2011 re: Bill No. 2411 CONSENT CALENDAR: C 2011 -266 Communication (08/04/2011) from the Deputy Director of Finance, transmitting for Council consideration, two proposals amending Chapter 5A of the Kauai County Code 1987, as amended, relating to real property tax, as follows: The first proposal amends the requirements for those who receive a home exemption, including raising the exemption for those with a limited income, altering what is necessary to obtain the income exemption, repealing the circuit breaker credit, and changing the tax limit for those with permanent home use; advances the deadline dates for several provisions for tax year 2012 in anticipation of major date changes in the 2013 ordinance; increases the Director of Finance's ability to compromise claims; standardizes a three -year statute of limitations for errors both for and against a taxpayer and the County. This proposal would take effect immediately. (See Proposed Draft Bill (No. 2416)) The second proposal advances the date of assessment from January 1 to October 1 and advances the deadline for appeals, exemptions, dedications and other tax - related matters; clarifies the process by which the Council calculates and sets tax rates; classifies a property for tax rate purposes based on actual use while the value of the property remains based on highest and best use and requires a parcel to be valued as a whole instead of with separate land and building values; reduces the percent needed for an owner to show himself aggrieved by an assessment and raises the fee required in order to appeal to the County's Board of Review; and gives those who provide long -term affordable housing the tax rate of a homesteader and Council Meeting Agenda 2 September 21, 2011 the same tax limitation as those with permanent home use. This proposal would be implemented in the 2013 tax year. (See Proposed Draft Bill (No. 2417)) C 2011 -267 Communication (09/01/2011) from the County Engineer, transmitting for Council consideration, a proposal to amend Ordinance B- 2011 -733, Relating to the Fiscal Year 2011 -2012 Capital Improvements Budget (CIP) as follows: (1) From the General Fund, a $200,000.00 transfer from Puhi Road Construction and appropriation to the following projects in the General Fund: (a) Kapa`a Baseyard Structural Renovation (new) $20,511.00 (b) Pi`ikoi Retrofit -FEMA (match) (new) $159,000.00 (c) K61oa Road Safety Improvement (new) $15,000.00 (d) Hanapepe Bridge Pedestrian Walkway Rep. $5,489.00 (match) (2) From the Bond Fund, a $905,821.00 transfer from the following projects: (a) Koke`e Road Resurfacing (match) $34,821.00 (b) Pi`ikoi Building Renovation $871,000.00 and appropriation to the Kapa`a Baseyard Structural Renovation in the Bond Fund. (3) From the Highway Fund (CIP), a $405,963.00 transfer from Islandwide Resurfacing project and appropriation to the following project in the Highway Fund (CIP): (a) Maluhia Road (match) (new) $125,000.00 (b) Kamalu Bridge Stream Erosion (match) (new) $30,000.00 (c) Resurfacing Various Collector Roads FHWA $176,452.00 (d) Hanapepe Road Design (match) (new) $50,000.00 (e) Hanapepe Bridge Pedestrian Walkway Rep. $24,511.00 (match) (new) (See Proposed Draft Bill (No. 2418)) COMMUNICATIONS: C 2011 -268 Communication (09/01/2011) from the Fire Chief, requesting Council approval to accept a donation from the Kauai Lifeguard Association, of an All Terrain Vehicle (ATV), valued at approximately $8,577.30, for the Ocean Safety Bureau. C 2011 -269 Communication (09/02/2011) from the Executive on Transportation, requesting Council approval, to receive, indemnify and expend additional Federal Transit Administration (FTA) Section 5311 grant funds awarded for operational, administrative and training expenses for the County Transportation Agency in the amount of $268,840.00. Council Meeting Agenda 3 September 21, 2011 C 2011 -270 Communication (09/02/2011) from the Executive on Transportation, requesting Council approval, to apply for, receive, indemnify and expend Federal Transit Administration (FTA) Section 5311 and 5311(b)(2) Rural Transit Assistance Program (RTAP) grants for operational, administrative and training expenses for the County Transportation Agency in the amount of $589,394.00 and $10,795.00, respectively. C 2011 -271 Communication (09/14/2011) from the Interim Director of Planning, requesting Council approval for the following: (1) To apply for, receive, indemnify and expend a Fiscal Year 2011 U.S. Housing and Urban Development (HUD) Sustainable Communities Regional Planning Grant; and (2) To enter into a multi - jurisdictional "Memorandum of Understanding" as required by HUD. C 2011 -272 Request (09/15/2011) from the Office of the County Attorney for authorization to expend funds up to $75,000.00 to retain special counsel to represent the County of Kaua'i in County of Kaua'i, et al. vs. Michael G. Sheehan, et al., Civil No. 11 -1 -0206 (Fifth Circuit Court) and related matters. C 2011 -273 Communication (09/15/2011) from Councilmember Chang, requesting that the Council reconsider its rejection of the Salary Commission's Resolution No. 2011 -1. ITEM FOR RECONSIDERATION: C 2011 -249 Communication (08/18/2011) from the Chair of the Salary Commission, transmitting for Council consideration, Salary Commission Resolution No. 2011 -1, relating to the salaries of certain officers and employees of the County of Kauai, which was adopted by the Salary Commission at its August 5, 2011 meeting. • Salary Commission Resolution No. 2011 -1 (Rejected at the September 7, 2011 Council Meeting) (On file in the County Clerk's Office.) CLAIMS: C 2011 -274 Communication (09/06/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Joseph Stave for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -275 Communication (09/06/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Waste Management Hawaii for damage to their equipment, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 September 21, 2011 BILLS FOR FIRST READING: Proposed Draft Bill (No. 2416) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (For the Tax Year 2012) Proposed Draft Bill (No. 2417) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (For the Tax Year 2013) Proposed Draft Bill (No. 2418) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2011 -733, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND, GENERAL (CIP), AND HIGHWAY FUNDS (CIP) 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.) ES -498 Pursuant to Hawaii Revised Statutes 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 to provide Council with a briefing regarding legal issues related to the implementation of Kauai County Charter Section 3.19 and Bill No. 2410. 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. (Deferred 0910712011) ES -500 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kauai County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to represent the County of Kauai in County of Kauai, et al. vs. Michael G. Sheehan, et al., Civil No. 11 -1 -0206, (Fifth Circuit Court) and related matters. The 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. 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, SUITE 209, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188.