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Home My WebLink About 02/25/2015 Notice and Agenda, Council 15 FEB 19 All :08 COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, FEBRUARY 25, 2015 9:00 A.M. OR SOON THEREAFTER 1. COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. January 14, 2015 Council Meeting 2. January 14, 2015 Public Hearing re: Bill No. 2566, Bill No. 2567, Bill No. 2568, and Bill No. 2569 3. January 28, 2015 Council Meeting 4. February 11, 2015 Special Council Meeting 5. February 11, 2015 Public Hearing re: Bill No. 2570, Bill No. 2571, Bill No. 2572, and Bill No. 2574 E. CONSENT CALENDAR: 1. C 2015-72 Communication (02/09/2015) from the Acting Director of Finance, transmitting for Council information, the Period 4 Financial Report — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of October 31, 2014, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kauai, for the Fiscal Year 2014-2015. (Copies of the Period 4 Financial Reports as of October 31, 2014 on file in the County Clerk's Office.) COUNCIL MEETING AGENDA 2 FEBRUARY 25, 2015 F. COMMUNICATION: 1. C 2015-73 Communication (02/09/2015) from the Housing Director, requesting Council approval for the following: 1. The purchase of 676 Akalei Street, `Ele`ele, for not more than $375,000, the purchase price is to be based on a fee simple market appraisal obtained through this transaction; 2. The resale of 676 Akalei Street, `Ele`ele, by leasehold for not more than the leasehold market appraisal, which will be obtained through this transaction; and 3. Authorize the County Clerk to sign legal documents relating to the acquisition and resale transactions. G. LEGAL DOCUMENTS: 1. C 2015-74 Communication (02/03/2015) from the County Engineer, recommending Council approval to renew a Right-of-Entry Agreement with Grove Farm Company, Inc., for gathering data to be used in the preparation of an Environmental Impact Statement (EIS) relating to the development of a new sanitary landfill and resource recovery park situated at Tax Map Key (TMK) No. (4) 3-8-02:001, Kalepa, Kauai, Hawaii; and to indemnify Grove Farm Company, Inc., as stated in the agreement. • Right-of-Entry Agreement 2. C 2015-75 Communication (02/11/2015) from the Housing Director, recommending Council approval of a conveyance by the County of Kauai to Kaua`i Island Utility Cooperative (KIUC) and Hawaiian Telcom, Inc., for the Rice Camp Senior Housing Project, TMK No. (4) 3-6-004:009, Lihu`e, Kauai, Hawaii, for utility improvements for transmission of electricity and telecommunications, maintenance, repair, and operation of lines, and appurtenances. • Grant of Easement H. CLAIM: 1. C 2015-76 Communication (02/09/2015) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Judith C. Page, for damage to her property, pursuant to Section 23.06, Charter of the County of Kauai. COUNCIL MEETING AGENDA 3 FEBRUARY 25, 2015 I. COMMITTEE REPORTS: 1. BUDGET & FINANCE COMMITTEE: a. CR-BF 2015-09: on Bill No. 2570 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, HIGHWAY FUND, SOLID WASTE FUND, SEWER FUND, AND GOLF FUND (Full Funding of OPEB Annual Required Contribution (ARC) - $1,503,504) [Approved.] b. CR-BF 2015-10: on Bill No. 2572 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 - $650,000) [Approved.] a CR-BF 2015-11: on Bill No. 2574 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 2015 Tax Year) [Motion to approve failed.] J. RESOLUTION: 1. Resolution No. 2015-22 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Cheryl A. Stiglmeier) (Deferred February 11, 2015 pending interview) COUNCIL MEETING AGENDA 4 FEBRUARY 25, 2015 K. BILLS FOR SECOND READING: 1. Bill No. 2570 — 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, HIGHWAY FUND, SOLID WASTE FUND, SEWER FUND, AND GOLF FUND (Full Funding of OPEB Annual Required Contribution (ARC) - $1,503,504) (See also CR-BF 2015-09; the Budget & Finance Committee recommended approval on second and final reading.) 2. Bill No. 2572 — 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 - $650,000) (See also CR-BF 2015-10; the Budget & Finance Committee recommended approval on second and final reading.) 3. Bill No. 2574 — 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 2015 Tax Year) (See also CR-BF 2015-11; the Budget & Finance Committee recommended Bill No. 2574 be received for the record.) 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.) 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/Government/CountyCouncil/PublicHearingNoticesandMinutes/tabid/5599/Default.aspx 1. Bill No. 2575 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATION FOR CERTAIN NON-ZONED LANDS COUNCIL MEETING AGENDA 5 FEBRUARY 25, 2015 2. Bill No. 2576 — A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING, DEVELOPMENT PLANS, AND FUTURE GROWTH AREAS FOR THE SOUTH KAUAI PLANNING DISTRICT,AND ESTABLISHING EXCEPTIONS, MODIFICATIONS, AND ADDITIONS TO CHAPTER 8 AND CHAPTER 9, KAUAI COUNTY CODE 1987,AS AMENDED 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.