HomeMy WebLinkAbout09/10/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA ��F-1\1177-
WEDNESDAY, SEPTEMBER 10, 2014
8:30 A.M. OR SOON THEREAFTER '14 SEP -4 P 4 .53
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 OFFICE OF
THE COUNTY CLERK
LIHU`E, KAUAI, HAWAII 96766 ,. rF. .∎„l;I I
A. MEETING CALLED TO ORDER.
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. June 18, 2014 Special Council Meeting
2. September 3, 2014 Special Council Meeting
F. CONSENT CALENDAR:
1. C 2014-235 Communication (08/18/2014) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2014-782, as amended, relating to the
Capital Budget of the County of Kaua`i, for the Fiscal
Year 2014-2015, to correctly redistribute funding sources
between two (2) bond issuances for the Fuel Tanks Hanalei
Baseyard project. (See Proposed Draft Bill (No. 2553))
COUNCIL MEETING AGENDA 2 SEPTEMBER 10, 2014
2. C 2014-236 Communication (08/21/2014) from Council Chair Furfaro,
transmitting for Council consideration and confirmation, the
reappointment of Joseph K. Figaroa to the Public Access, Open
Space, and Natural Resources Preservation Fund Commission
(Anahola — Ha`ena) for the County of Kaua`i — Term
ending 07/31/2017. (See Resolution No. 2014-43)
3. C 2014-237 Communication (08/22/2014) from the Director of Finance,
transmitting for Council consideration the following:
1. A proposed Bill for an Ordinance to amend Chapter 5A of
the Kauai County Code 1987, as amended, relating to
Real Property Taxes, to provide tax credits to taxpayers in
the Homestead and Residential tax classes who received
real property tax increases greater than five hundred
dollars ($500) for the 2014 tax year; extend the due date
of the first half payment of real property taxes from
August 20, 2014 to December 31, 2014 for all property
owners that have current Home Use Exemptions; and
retroactively waive the penalties and interest
accumulated during this extended period, if any
(See Proposed Draft Bill (No. 2554)); and
2. Proposed amendments to Ordinance No. B-2014-781, as
amended, relating to the Operating Budget of the County
of Kauai, State of Hawaii, for the Fiscal Year 2014-2015,
to offset the estimated shortfall in real property taxes as a
result of the proposed tax credits. (See Proposed Draft
Bill (No. 2555))
4. C 2014-238 Communication (09/02/2014) from Councilmember Kagawa and
Councilmember Rapozo, transmitting for Council consideration,
proposed amendments to Chapter 5A, Kaua`i County Code 1987,
as amended, relating to Real Property Taxes, to reinstate the
Permanent Home Use (PHU) Tax Limit, which will be
retroactive for the 2014 tax year. (See Proposed Draft
Bill (No. 2556))
5. C 2014-239 Communication (09/02/2014) from Council Chair Furfaro,
transmitting for Council consideration, proposed amendments to
Chapter 5A, Kaua`i County Code 1987, as amended, relating to
Real Property Taxes, to provide tax credits for low income
households. (See Proposed Draft Bill (No. 2557))
COUNCIL MEETING AGENDA 3 SEPTEMBER 10, 2014
6. C 2014-240 Communication (09/03/2014) from Councilmember Hooser and
Councilmember Bynum, transmitting for Council consideration,
proposed amendments to Chapter 5A, Kaua`i County Code 1987,
as amended, relating to Real Property Taxes, to provide for any
claim for an exemption, Long Term Affordable Rental, or Home
Preservation Tax Limit application for the 2015 tax year to be
retroactively applied to the claimant's real property tax bill for
the 2014 tax year; to provide for an owner to submit a new "Use
Survey Form" to the Department of Finance, Real Property
Assessment Division by December 31, 2014 for the 2014 tax year
and to receive a tax credit in tax year 2015 as determined by the
Director of Finance for property that was incorrectly designated
a tax classification in tax year 2014; and waives all penalties
and interest for any delinquent payment due to incorrect tax
classification. (See Proposed Draft Bill (No. 2558))
7. C 2014-241 Communication (09/03/2014) from Councilmember Hooser,
transmitting for Council consideration, proposed amendments to
Chapter 5A, Kaua`i County Code 1987, as amended, relating to
Real Property Taxes, to allow for a property with multiple actual
uses to be classified under each applicable tax classification
based on the percentage of property dedicated to each use.
(See Proposed Draft Bill (No. 2559))
G. COMMUNICATIONS:
1. C 2014-242 Communication (08/18/2014) from the Executive on
Transportation, requesting Council approval to receive,
indemnify, and expend State of Hawaii funds appropriated by
the State Legislature through Act 122, Session Laws of Hawaii
(SLH) 2014, in the amount of $600,000, to support the
construction of public transportation bus stop shelters for the
County of Kauai.
2. C 2014-243 Communication (08/18/2014) from the Executive on
Transportation, requesting Council approval to accept funds in
the amount of $24,300 from the developer of Waipouli
CVS/Longs Drugs facility, KZ Development Company, for the
purchase of two (2) public bus stop passenger shelters with
photovoltaic lighting and bike racks, which will comply with
project requirements to address serving the public transit needs
of the area impacted.
COUNCIL MEETING AGENDA 4 SEPTEMBER 10, 2014
3. C 2014-244 Communication (08/21/2014) from the Director of Parks and
Recreation, requesting Council approval to accept a donation of
a skip of Base Line field marking material, valued at three
hundred fifty dollars ($350), from Mr. Joey Silva, Crop
Production Services, Inc.
4. C 2014-245 Communication (08/25/2014) from the Housing Director,
requesting Council approval to decline the repurchase of
Unit No. 706 in Ho`okena at Puhi, 2080 Manawalea Street,
Lihu`e, Hawaii, and grant the owner a one-year waiver of the
buyback to allow a market sale by the owner.
5. C 2014-246 Communication (09/02/2014) from Councilmember Yukimura,
requesting Council reconsideration of Bill No. 2549, Draft 1,
relating to Real Property Taxes. (See Bill No. 2549, Draft 1)
H. LEGAL DOCUMENT:
1. 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 by the Planning Committee 07/02/2014)
I. CLAIM:
1. C 2014-247 Communication (08/28/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by
Meredith Stuart Murphy, for personal damages and damage to
her vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
J. COMMITTEE REPORT:
1. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR
INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS &
RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT
AREAS) COMMITTEE:
a. CR-FED 2014-30: on Bill No. 2548, Draft 1 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A,
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO REAL
PROPERTY TAXES (Time Share
Tax Classification Proposal)
[Approved as Amended.]
COUNCIL MEETING AGENDA 5 SEPTEMBER 10, 2014
K. RESOLUTION:
1. Resolution No. 2014-43 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Joseph K. Figaroa —
Anahola—Ha`ena)
L. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2553) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2014-782, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2014 THROUGH JUNE 30, 2015, BY REVISING
THE AMOUNTS ESTIMATED IN THE BOND FUND (Bond Fund — CIP,
Fuel Tanks Hanalei Baseyard - $9,755)
2. Proposed Draft Bill (No. 2554) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (Real Property Tax Relief for the 2014
Tax Year)
3. Proposed Draft Bill (No. 2555) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2014-781, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2014 THROUGH JUNE 30, 2015, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Real Property Tax
Relief Funding— $750,000)
4. Proposed Draft Bill (No. 2556) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (Reinstating the Permanent Home Use
Tax Limit)
5. Proposed Draft Bill (No. 2557) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (Low Income Tax Credit)
6. Proposed Draft Bill (No. 2558) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (Retroactive Real Property Tax Measures
and Extensions)
COUNCIL MEETING AGENDA 6 SEPTEMBER 10, 2014
7. Proposed Draft Bill (No. 2559) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (Tax On Use)
M. BILL FOR RECONSIDERATION:
1. Bill No. 2549, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAXES (Residential Investor Tax Classification Proposal)
(Adopted 08/27/2014)
N. BILL FOR SECOND READING:
1. Bill No. 2548, Draft 2 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAXES (Time Share Tax Classification Proposal)
(See also CR-FED 2014-30; the Finance & Economic Development (Tourism / Visitor
Industry / Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee recommended approval as amended to
Bill No. 2548, Draft 2 on September 3, 2014.)
0. 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-755 Pursuant to Hawai`i Revised Statutes Sections 92-4 and 92-5(a)(4) and
(8), and Kaua`i County Charter Section 3.07(E), the Office of the
County Attorney, on behalf of the Council, requests an Executive
Session to allow Special Counsel to provide the Council with a briefing
in Svngenta Seeds, Inc., et al., vs. County of Kaua`i, Civ. No. 14-00014
BMK (U.S. District Court, District of Hawaii) and decision on further
action including but not limited to filing an appeal, 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, and decision
making.
P. ADJOURNMENT.
COUNCIL MEETING AGENDA 7 SEPTEMBER 10, 2014
Q. 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.gou/Gouernment/CountyCouncil/PublicH earingNoticesaedMinutes/tabid/599/Default.aspx
1. Bill No. 2540 — A BILL FOR AN ORDINANCE AMENDING ARTICLE 17, CHAPTER 8,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO NONCONFORMING USE
CERTIFICATES FOR SINGLE FAMILY VACATION RENTALS
R. 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, LIHUE,
KAUAI, HAWAII 96766. TELEPHONE NO. (808) 241-4188.
FACSIMILE NO. (808) 241-6349.