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Home My WebLink About11/05/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, NOVEMBER 5, 2014 9:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING pc-r,71 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 '14 OCT 30 P 2 :13 A. MEETING CALLED TO ORDER. OFFICE OF THE COUNTY ( 1 FRt' B. ROLL CALL. COUNT 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. October 8, 2014 Council Meeting 2. October 8, 2014 Public Hearing re: Bill No. 2553 3. October 22, 2014 Public Hearing re: Bill No. 2555, Draft 1 F. CONSENT CALENDAR: 1. C 2014-275 Communication (10/15/2014) from the Director of Planning, transmitting the Planning Commission's recommendation regarding extending the sunset date to December 15, 2024, for Additional Dwelling Units (ADU) on Other Than Residentially Zoned Lots. (Copies of the Commission's proposed measure of the bill adopted on October 14, 2014; Minutes of the August 12, 2014 (Excerpt) and October 14, 2014 (Draft Excerpt) public hearings; Discussion minutes of August 12, 2014 (Excerpt) and October 14, 2014 (Draft Excerpt); and the Planning Director's Report of July 2, 2014 and October 7, 2014 on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2545)) COUNCIL MEETING AGENDA 2 NOVEMBER 5, 2014 2. C 2014-276 Communication (10/20/2014) from Councilmember Rapozo and Councilmember Kagawa, requesting Council consideration to repeal Chapter 22, Article 23 of the Kaua`i County Code 1987, as amended, Relating to Pesticides and Genetically Modified Organisms. (See Proposed Draft Bill (No. 2562)) 3. C 2014-277 Communication (10/13/2014) from the First Deputy County Attorney, transmitting for Council information, the Quarterly Report on Settled Claims Against the County of Kaua`i from July 1, 2014 through September 31, 2014. 4. C 2014-278 Communication (10/15/2014) from the Assistant Chief Procurement Officer, transmitting for Council information, the First Quarter Statement of Equipment Purchases for Fiscal Year 2014-2015, pursuant to Section 17 of Ordinance No. B-2014-781, the Operating Budget of the County of Kaua`i for Fiscal Year 2014-2015. 5. C 2014-279 Communication (10/16/2014) from the Director of Finance, transmitting for Council information, the Fourth Quarter Estimate of Revenues and Expenditures Report (Periods 1-13) for the Fiscal Year 2013-2014. G. COMMUNICATION: 1. C 2014-280 Communication (10/22/2014) from the Housing Director, requesting Council approval to decline the repurchase of Unit No. 708 in Ho`okena at Puhi, 2080 Manawalea Street, Lihu`e, Hawaii, and grant the owner a one-year wavier of the buyback to allow a market sale by the owner. H. CLAIMS: 1. C 2014-281 Communication (10/16/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Lyle M. Otsuka on behalf of Banyan Harbor AOAO, for reimbursement of expenses, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2014-282 Communication (10/21/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Marvin "Doug" Gibson and Sharon Lynn Gibson, for damage to their property, pursuant to Section 23.06, Charter of the County of Kauai. COUNCIL MEETING AGENDA 3 NOVEMBER 5, 2014 I. RESOLUTION: 1. Resolution No. 2014-46 — RESOLUTION REQUESTING THE LEGISLATURE OF THE STATE OF HAWAII TO AMEND HAWAII REVISED STATUTES CHAPTER 46 TO GIVE THE COUNTIES THE AUTHORITY TO ENACT A GENERAL EXCISE TAX SURCHARGE TO FUND PUBLIC TRANSPORTATION (Deferred 10/22/2014) J. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2545) — A BILL FOR AN ORDINANCE AMENDING SUBSECTIONS 8-15.1(B) AND 8-15.1(D), KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ADDITIONAL DWELLING UNIT ON OTHER THAN RESIDENTIALLY ZONED LOTS (Referred to the Planning Commission 05/14/2014) 2. Proposed Draft Bill (No. 2562) — A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 1987, AS AMENDED, BY REPEALING ARTICLE 23 TO CHAPTER 22, RELATING TO PESTICIDES AND GENETICALLY MODIFIED ORGANISMS K. 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-767 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing, discussion and consultation regarding the Quarterly Report on Pending and Denied Claims. 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. 2. ES-768 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and (8) and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney requests an Executive Session with the Council, to provide the Council with briefings regarding Dustin Moises v. Department of Personnel Services, County of Kaua`i, et al., Civil No. 13-1-0209 (Fifth Circuit Court), to obtain settlement authority, and related matters. 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. COUNCIL MEETING AGENDA 4 NOVEMBER 5, 2014 3. ES-769 Pursuant to Hawai`i 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, on behalf of the Council, requests an Executive Session for Council to consult with the County Attorney regarding the Council's release of the County Attorney's legal opinion dated July 29, 2014 on Bill No. 2546, Draft 1, relating to real property taxes, and related matters. 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. L. ADJOURNMENT. M. 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: hup://www.kauai.govt Government/countycouncil/PubticHearingNoticesandMinutes ttabidimiDefautt.aspx 1. 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 HAWAII, 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) N. 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.