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Home My WebLink About07/09/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JULY 9, 2014 9:00 A.M. OR SOON THEREAFTER R r r c-I v F. COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 '14 JUL -3 AlO :31 LIHU`E, KAUAI, HAWAI`I 96766 OFFICE OF A. MEETING CALLED TO ORDER. THE �GUNTY CLERK COU i Y `'F B. ROLL CALL. C. APPROVAL OF AGENDA. D. PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. This rule is designed to accommodate those who cannot be present throughout the meeting to speak when the agenda items are heard. After the conclusion of the eighteen (18) minutes, other members of the public shall be allowed to speak pursuant to Council Rule 12(e). E. MINUTES of the following meetings of the Council: 1. February 5, 2014 Special Council Meeting 2. May 7, 2014 Public Hearing re: Resolution No. 2014-11, Bill No. 2537, and Bill No. 2538 3. June 10, 2014 Council Meeting 4. June 10, 2014 Public Hearing re: Bill No. 2546 5. June 25, 2014 Special Council Meeting F. CONSENT CALENDAR: 1. C 2014-196 Communication (06/12/2014) from the Mayor, transmitting for Council consideration and confirmation, the following Mayoral appointees to the various Boards and Commissions for the County of Kauai: 1. Board of Ethics • Maureen M. Tabura — Term ending 12/31/2014 • Mary E. Tudela—Term ending 12/31/2016 2. Cost Control Commission • Jan Hashizume —Term ending 12/31/2016 (See Resolution No. 2014-38, Resolution No. 2014-39, and Resolution No. 2014-40) COUNCIL MEETING AGENDA 2 JULY 9, 2014 2. C 2014-197 Communication (06/24/2014) from the Director of Finance, transmitting for Council information, the Period 10 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of April 30, 2014, pursuant to Section 21 of Ordinance No. B-2013-753, relating to the Operating Budget of the County of Kaua`i for Fiscal Year 2013-2014. (Copies of the Period 10 Financial Reports as of April 30, 2014 on file in the County Clerk's Office.) 3. C 2014-198 Communication (06/27/2014) from the Director of Finance, transmitting for Council consideration, proposed amendments to Chapter 5A, Kaua`i County Code 1987, as amended, relating to Real Property Taxes, as follows: 1. The first proposed amendment relates to the valuation of timeshare units. Declining interval resale prices has created an inequity in assessments, given the vast majority of timeshare units are now assessed lower than their wholly-owned condominium unit counterparts; establishes new tax class called "Time Share". (Time Share Tax Classification Proposal) (See Proposed Draft Bill (No. 2548)); 2. The second proposed amendment establishes a new tax class called "Residential Investor" for improved residential properties that are over $1,000,000 in value where there are no home exemptions present and recognizes that high-valued residential properties tend to be more speculative in nature, are not typically offered as affordable housing, and often serve as second homes or investment properties. (Residential Investor Tax Classification Proposal) (See Proposed Draft Bill (No. 2549)); and 3. The third proposed amendment is a "housekeeping" bill for vacant multi-family land that was mistakenly placed into the "Hotel & Resort" tax class during the initial conversion to a use-based tax classification structure. Under this proposal, vacant multi-family land will be re-classified as "Residential". (Vacant Land Re-Classification) (See Proposed Draft Bill (No. 2550)) G. COMMUNICATIONS: 1. C 2014-199 Communication (07/02/2014) from the County Clerk, transmitting a 2014 Charter Amendment Petition relating to "A New Article XXXIII Protecting Right To Clean And Healthful Environment From Hazards Of GMO Agriculture, Establish Administrator Of Environmental Health, And Provide For Enforcement" submitted by Petitioners' Committee "Kaua`i Rising" pursuant to Section 24.01(B) of the Kaua`i County Charter. (Confidential petitioners listing on file in the County Clerk's Office.) COUNCIL MEETING AGENDA 3 JULY 9, 2014 2. C 2014-200 Communication (06/17/2014) from the Prosecuting Attorney, requesting Council approval to receive and expend Federal funds from the FY 2013 Edward J. Byrne Memorial Justice Assistance Grant (JAG) for the Elder Abuse and Neglect Prosecution Unit, in the amount of $89,653, to fund a 0.50 Full Time Equivalent (FTE) Special Prosecuting Attorney and a 0.50 FTE Legal Clerk/Law Office Assistant, fringe benefits, and equipment and educational pamphlets; and to indemnify the State of Hawai`i, Department of the Attorney General. 3. C 2014-201 Communication (07/02/2014) from Councilmember Bynum, requesting the presence of the Director of Planning to have a broad-ranging discussion on data collection and the problems with analyzing data within the County. 4. C 2014-202 Communication (06/27/2014) from the County Attorney, requesting authorization to expend funds up to $10,000 to retain Special Counsel to represent the County of Kauai in Diana Gausepohl-White vs. County of Kaua`i, et al., Civil No. 13-1-0360 JKW (Fifth Circuit Court), and related matters. 5. C 2014-203 Communication (06/27/2014) from the County Attorney, requesting authorization to expend funds up to $10,000 to retain Special Counsel to represent Shaylene Iseri-Carvalho in Diana Gausepohl-White vs. County of Kaua`i, et al., Civil No. 13-1-0360 JKW (Fifth Circuit Court), and related matters. 6. C 2014-204 Communication (06/27/2014) from the County Attorney, requesting authorization to expend funds up to $10,000 to retain Special Counsel to represent Jake Delaplane in Diana Gausepohl-White vs. County of Kauai, et al., Civil No. 13-1-0360 JKW (Fifth Circuit Court), and related matters. H. CLAIMS: 1. C 2014-195 Communication (06/10/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Ronald J. Horoshko for Cloroshko LLC., dba, Birdie's Café and Pub, for loss of revenue and compensation for perishable foods, pursuant to Section 23.06, Charter of the County of Kauai. (Deferred 06/25/2014) COUNCIL MEETING AGENDA 4 JULY 9, 2014 2. C 2014-205 Communication (06/20/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Farmers Insurance Hawai`i, Inc., as subrogee of Marlene Morimoto, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2014-05: on C 2013-271 Communication (07/16/2013) from Ian K. Jung, Deputy County Attorney, recommending Council approval of a Grant of Pedestrian and Parking Easements relating to Kahuaina Plantation Subdivision (S-2007-02) and Kahuaina Plantation Subdivision Phase II (S-2009-15): • Grant Of Pedestrian And Parking Easements; concerning real property identified as Lot 15-A (TMK (4) 5-1-003:006), Lot 15-D (TMK (4) 5-1-003:032) and Lot 15-K (TMK (4) 5-1-003:039) [Referred to full Council.] 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2014-05: on EPC 2014-02 Communication (05/23/2014) from Councilmember Yukimura, requesting a briefing from Peter S. Adler, Ph.D, on the Final Report of the Feral Cat Task Force, which was funded by a grant from the County of Kauai and addresses how Kaua`i's feral cat challenges can best be managed [Received for the Record.] COUNCIL MEETING AGENDA 5 JULY 9, 2014 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2014-07: on PWPR 2014-05 Communication (06/26/2014) from Committee Chair Kagawa, requesting agenda time for a discussion with the County Attorney and Director of Parks & Recreation on the effects of the upcoming Shearwater fledgling season on evening football games. [Received for the Record.] 4. COMMITTEE OF THE WHOLE: a. CR-COW 2014-11: on Resolution No. 2014-22 RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE CODE OF ETHICS [Received for the Record.] J. RESOLUTIONS: 1. Resolution No. 2014-22 —RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE CODE OF ETHICS (See also CR-COW 2014-11; the Committee of the Whole recommended Resolution No. 2014-22 be received for the record.) 2. Resolution No. 2014-38 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Maureen M. Tabura) 3. Resolution No. 2014-39 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Mary E. Tudela) 4. Resolution No. 2014-40 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Jan Hashizume) K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2548) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Time Share Tax Classification Proposal) COUNCIL MEETING AGENDA 6 JULY 9, 2014 2. Proposed Draft Bill (No. 2549) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Residential Investor Tax Classification Proposal) 3. Proposed Draft Bill (No. 2550) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Vacant Land Re-Classification) L. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §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 HRS§92-4 and shall be limited to those items described in HRS §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.) 1. ES-739 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section 3.07(e) of the Kaua`i County Charter, the Office of the County Attorney 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 Diana Gausepohl-White vs. County of Kauai, et al., Civil No. 13-1-0360 JKW (Fifth Circuit Court), 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. 2. ES-740 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section 3.07(e) of the Kaua`i County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing on the retention of Special Counsel to represent Shaylene Iseri-Carvalho in Diana Gausepohl-White vs. County of Kaua`i, et al., Civil No. 13-1-0360 JKW (Fifth Circuit Court), 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. 3. ES-741 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section 3.07(e) of the Kaua`i County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing on the retention of Special Counsel to represent Jake Delaplane in Diana Gausepohl-White vs. County of Kauai, et al., Civil No. 13-1-0360 JKW (Fifth Circuit Court), 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. COUNCIL MEETING AGENDA 7 JULY 9, 2014 M. ADJOURNMENT. N. PUBLIC HEARING 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. !*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.] For a copy of the notice,please go to: http://www.kauai.gov/Govern.merit/CountyCourecil/PublicHearingNoticesondMinutes/tabid/599/DefoulLospx 1. Resolution No. 2014-36 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO ANY COUNTY COUNCIL VACANCY IN OFFICE 2. Resolution No. 2014-37 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND O. 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, HAWAII 96766. TELEPHONE NO. (808) 241-4188. FACSIMILE NO. (808) 241-6349.