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Home My WebLink About12/10/2014 Notice and Agenda, Special Council SPECIAL COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, DECEMBER 10, 2014 9:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS R F C F I VE 0 HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAI`I 96766 '14 DEC -4 P3 :06 A. MEETING CALLED TO ORDER. OFF iCE OF THE COUNTY CLERK COUNTY OF A,UA'E B. ROLL CALL. C. APPROVAL OF AGENDA. D. INTERVIEWS: 1. BOARD OF REVIEW: • Julie A. Caspillo - Term ending 12/31/2017 2. CHARTER REVIEW COMMISSION: • Allan H. Parachini - Term ending 12/31/2017 3. BOARD OF REVIEW: • Donald G. Kolenda - Term ending 12/31/2017 E. CONSENT CALENDAR: 1. C 2015-03 Communication (12/04/2014) from the County Auditor, transmitting for Council information, the Comprehensive Annual Financial Report (CAFR), Single Audit Reports, and Management Advisory Report for the Fiscal Year Ended June 30, 2014. (Copies of the CAFR, Single Audit Reports, and Management Advisory Report on file in the County Clerk's Office.) 2. C 2015-04 Communication (12/03/2014) from the Mayor, submitting the veto of Bill No. 2546, Draft 3, Relating to Real Property Taxes. (See Bill to Lay on Table) SPECIAL COUNCIL MEETING 2 DECEMBER 10, 2014 F. COMMUNICATION: 1. C 2015-05 Communication (12/02/2014) from Council Chair Rapozo, requesting the presence of the County Auditor, Director of Finance, and representatives from N&K CPAs, Inc., for discussion relating to the Comprehensive Annual Financial Report (CAFR), Single Audit Reports, and Management Advisory Report for the Fiscal Year Ended June 30, 2014. G. BILL TO LAY ON TABLE: Pursuant to Section 4.03A of the Kaua`i County Charter, the Council must enter the objections of the Mayor in the journal of the Council and "Lay the Veto on the Table." The Council may, after five (5) and within thirty (30) days after the Bill has been so returned, reconsider the vote upon the Bill. This agenda item is only for the purpose of laying the veto on the table. The Council will NOT be voting to override or sustain the Mayor's veto at this meeting. Any future Council Meeting to override or sustain the Mayor's veto will be scheduled pursuant to Hawai`i Revised Statutes (HRS), Chapter 92. 1. Bill No. 2546, Draft 3 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Agronomics / Agricultural Use Definition / Reporting) (Mayoral Veto December 3, 2014) H. 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-768 Pursuant to Hawai`i 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 Kauai, 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. (Deferred November 5, 2014) SPECIAL COUNCIL MEETING 3 DECEMBER 10, 2014 2. ES-774 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kauai County Charter Section 3.07(e), the purpose of this Executive Session is to provide Council with a briefing and request for authority to settle the case of Lvnell Tokuda et al vs. County of Kauai, et al., Civil No. 13-CV-00202 DKW BMK (U.S. District 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. I. ADJOURNMENT. J. PUBLIC HEARING NOTE: Prior to the Special Council Meeting, the Council will convene a public hearing at approximately 8:30 a.m., on the following. After the public hearing, the Council will convene the Special Council Meeting. [*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: httn://www.kauai.¢ov/Government/CountvCouncil/PublicHearineNoticesandMinutes/rabid/599/Delault.asra 1. 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 2. Bill No. 2565—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 Assessment Software—$100,000) K. 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.