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HomeMy WebLinkAbout10/08/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, OCTOBER 8, 2014 9:00 A.M. OR SOON THEREAFTER F .-.�-EO, -T, COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 .14 OCT -2 P3 :/15 LIHU`E, KAUA`I, HAWAII 96766 OFF,CE Ot A. MEETING CALLED TO ORDER. THE COUNTY TY OF t'EtR ; '^���I.Ji' '; 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 meeting of the Council: 1. September 24, 2014 Public Hearing re: Bill No. 2551, Bill No. 2552, Bill No. 2554, Bill No. 2555, Bill No. 2556, Bill No. 2557, Bill No. 2558, and Bill No. 2559 F. CONSENT CALENDAR: 1. C 2014-259 Communication (09/25/2014) from the County Attorney, transmitting for Council consideration, proposed amendments to Ordinance No. B-2014-781, as amended, relating to the Operating Budget of the County of Kauai, for the Fiscal Year 2014-2015, by revising the amounts estimated in the General Fund. (Office of the County Attorney, Special Counsel Account - $67,933) (See Proposed Draft Bill (No. 2561)) COUNCIL MEETING AGENDA 2 OCTOBER 8, 2014 2. C 2014-260 Communication (09/26/2014) from Councilmember Bynum and Councilmember Hooser, transmitting for Council consideration, a Resolution Establishing A Council Investigative Committee To Investigate The Implementation And Management Of Section 5A-9.1 And Section 22-7.1 Through 22-7.27, Kauai County Code 1987, As Amended, Relating To The Dedication Of Land For Agricultural Use, And Grading, Grubbing And Stockpiling, Within The County Of Kauai. (See Resolution No. 2014-45) G. COMMUNICATIONS: 1. C 2014-261 Communication (09/10/2014) from Council Vice Chair Chock, transmitting for Council consideration, a proposed draft Bill for an Act relating to the Transient Accommodations Tax (TAT), which restores the Counties' share of TAT revenues to forty-four point eight percent (44.8%) of the total TAT collection, for inclusion in the 2015 County of Kaua`i Legislative Package. 2. C 2014-262 Communication (09/15/2014) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend federal funds in the amount of $17,316, for the Services-Training-Officers-Prosecutors (STOP) Violence Against Women Grant to host a Domestic Violence Training on Kauai on October 23-24, 2014, for twenty-five (25) Deputy Prosecutors, Victim Witness Counselors and Attorneys from the Attorney General's Office from the different counties in the State of Hawaii. 3. C 2014-263 Communication (09/18/2014) from Mel Rapozo, Hawaii State Association of Counties (HSAC) President, transmitting for Council consideration the following proposals to be included in the 2015 HSAC Legislative Package and a list of Legislative Priorities, which were approved by the HSAC Executive Committee on September 15, 2014: 2015 HSAC LEGISLATIVE PACKAGE: 1. A Bill for an Act Relating to Transient Accommodations Tax (Proposed by the County of Maui) 2. A Bill for an Act Relating to the Pacific International Space Center for Exploration Studies (Proposed by the County of Hawai`i) 3. A Bill for an Act Relating to the Hawai`i Health Systems Corporation Primary Care Training Program (Proposed by the County of Hawaii) 4. A Bill for an Act Relating to Abuse of Family or Household Member (Proposed by the County of Hawaii) 5. A Bill for an Act Relating to Evidence (Proposed by the County of Kauai) COUNCIL MEETING AGENDA 3 OCTOBER 8, 2014 6. A Bill for an Act Relating to Zoning (Proposed by the County of Kaua`i) 2015 HSAC LEGISLATIVE PRIORITIES: 1. Transient Accommodations Tax 2. Retail Sales Tax 3. General Excise Tax 4. Open Government (including the Sunshine Law and Uniform Information Practices Act) 5. Transportation 6. Capital Improvement Projects (Proposed by the County of Maui) 4. C 2014-264 Communication (09/29/2014) from Councilmember Bynum, requesting the presence of Mona W. Clark, Deputy County Attorney, to provide the Council with an update on the Office of the County Attorney's investigation of certain properties receiving agricultural land dedication and their compliance to Ordinance No. 808 (Grading, Grubbing, and Stockpiling), specifically Tax Map Key Nos. (4) 3-3-018-002, (4) 3-8-004-001, and (4) 3-7-001-001. H. CLAIM: 1. C 2014-265 Communication (09/30/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Alfred Aragona, for damage to personal property, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2014-08: on PL 2014-03 Communication (09/11/2014) from Councilmember Bynum, requesting the presence of Special Counsel David J. Minkin, to provide a briefing on the recent Hawai`i State Supreme Court's decision in Kauai Springs. Inc. vs. County of Kauai, et al. and Kauai Springs, Inc. vs. Planning Commission of the County of Kauai, including the cases' application and relevance to Hawai`i's Public Trust Doctrine. [Received for the Record.] COUNCIL MEETING AGENDA 4 OCTOBER 8, 2014 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2014-07: on Bill No. 2551 A BILL FOR AN ORDINANCE AMENDING CHAPTER 21, SECTIONS 21-1.3 AND 21-9.1, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT TO ESTABLISH VARIABLE RATES FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL REFUSE (PAY AS YOU THROW) [Approved as Amended.] 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2014-08: on PWPR 2014-06 Communication (09/09/2014) from Councilmember Rapozo, requesting a briefing by the Department of Public Works, Engineering Division, on the National Flood Insurance Program (NFIP) to include: • The role of the County's Engineering Department in coordinating the NFIP; • The concerns about inaccurate mapping of specific parcels; and • The effects of insurance rates on homeowners. [Received for the Record.] b. CR-PWPR 2014-09: on C 2014-89 Communication (03/05/2014) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the Ala Kalanikaumaka Street off-site drainage area and the efforts of the Department of Public Works to address the reported problems that occur following heavy rain. [Received for the Record.] 4. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2014-31: on 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) [Approved as Amended.] COUNCIL MEETING AGENDA 5 OCTOBER 8, 2014 b. CR-FED 2014-32: on 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) [Received for the Record.] c. CR-FED 2014-33: on Bill No. 2552 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 CRIMINAL ASSETS FORFEITURE FUND (Kaua`i Police Department, Exercise Equipment — $70,000) [Approved.] d. CR-FED 2014-34: on 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 HAWAI`I, 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) [Referred to Council.] J. RESOLUTION: 1. Resolution No. 2014-45 — RESOLUTION ESTABLISHING A COUNCIL INVESTIGATIVE COMMITTEE TO INVESTIGATE THE IMPLEMENTATION AND MANAGEMENT OF SECTION 5A-9.1 AND SECTION 22-7.1 THROUGH 22-7.27, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE DEDICATION OF LAND FOR AGRICULTURAL USE, AND GRADING, GRUBBING AND STOCKPILING, WITHIN THE COUNTY OF KAUAI K. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2561) — 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 HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2014 THROUGH JUNE 30, 2015, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Office of the County Attorney, Special Counsel Account - $67,933) COUNCIL MEETING AGENDA 6 OCTOBER 8, 2014 L. BILLS FOR SECOND READING: 1. Bill No. 2551, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 21, SECTIONS 21-1.3 AND 21-9.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT TO ESTABLISH VARIABLE RATES FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL REFUSE (PAY AS YOU THROW) (See also CR-EPC 2014-07; the Environmental Services / Public Safety / Community Assistance Committee recommended approval as amended to Bill No. 2551, Draft 1 on October 1, 2014.) 2. Bill No. 2552 — 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 CRIMINAL ASSETS FORFEITURE FUND (Kaua`i Police Department, Exercise Equipment — $70,000) (See also CR-FED 2014-33; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 3. Bill No. 2554, Draft 1 — 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) (See also CR-FED 2014-31; 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. 2554, Draft 1 on October 1, 2014.) 4. 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) (See also CR-FED 2014-34; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended referral on October 1, 2014.) 5. 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) (See also CR-FED 2014-32; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended Bill No. 2556 be received for the record.) COUNCIL MEETING AGENDA 7 OCTOBER 8, 2014 M. 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-764 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney requests an Executive Session with the Council to provide a briefing regarding EEOC Charge Nos. 486-2013-00066, 486-2013-00345, 486-2013-00047, 486-2013-00343, 486-2013-00005, 486-2013-00342 concerning the County of Kaua`i, Kaua`i Police Department, to obtain settlement authority, 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. (Deferred 09/24/2014) 2. ES-766 Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to provide the Council with a briefing and request for authority to settle the claim against the County by Farmer's Insurance Hawaii, Inc., filed on June 24, 2014, 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. N. ADJOURNMENT. O. 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/Government/CountyCouncil/PublicHearingNoticesandMinules/tabid/599/Defoult.aspx 1. 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) COUNCIL MEETING AGENDA 8 OCTOBER 8, 2014 P. 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.