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Home My WebLink About 09/16/2015 Notice and Agenda, Council RECE' ' .15 SEP 10 P 3 :09 COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, SEPTEMBER 16, 2015 8:30 A.M. OR SOON THEREAFTER 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. July 22, 2015 Special Council Meeting 2. August 19, 2015 Public Hearing re: Resolution No. 2015-52, Bill No. 2459, Bill No. 2591, and Bill No. 2592 3. September 2, 2015 Public Hearing re: Bill No. 2593, Bill No. 2594, and Bill No. 2595 E. COMMUNICATIONS: 1. C 2015-241 Communication (09/03/2015) from the County Engineer and the County CIP Manager, transmitting for Council consideration, proposed amendments to Ordinance No. B-2015-796, as amended, relating to the Operating Budget of the County of Kaua`i, for the Fiscal Year 2015-2016, by revising the amounts estimated in the Highway Fund to appropriate funds to provide the required 20% County Match for the Puhi Road construction project. (Puhi Road 20% County Match (Operating Budget) - $268,000.00) (See Proposed Draft Bill (No. 2597)) 2. C 2015-242 Communication (09/03/2015) from the County Engineer and the County CIP Manager, transmitting for Council consideration, proposed amendments to Ordinance No. B-2015-797, as • amended, relating to the Capital Budget of the County of Kaua`i, for the Fiscal Year 2015-2016, by revising the amounts estimated in the Highway Fund CIP to appropriate funds to provide the required 20% County Match for the Puhi Road construction project. (Puhi Road 20% County Match (CIP Budget) - $268,000.00) (See Proposed Draft Bill (No. 2598)) COUNCIL MEETING AGENDA 2 SEPTEMBER 16, 2015 3. C 2015-243 Communication (08/18/2015) from the Housing Director, requesting Council approval for the following: a. Approve the acquisition of improvements on leasehold property situated at 4611 Lilia Place, `Ele`ele, Hawaii for not more than $218,225.00; b. Approve the leasehold resale of property situated at 4611 Lilia Place, Ele`ele, Hawaii for not more than $218,225.00, to a participant on the Affordable Housing Program Waitlist whose household income does not exceed 120% of the Kaua`i Median Household Income (KMHI); and c. Authorize the County Clerk to sign legal documents related to the acquisition and resale transactions. F. LEGAL DOCUMENT: 1. C 2015-244 Communication (09/03/2015) from Deputy County Attorney Jodi A. H. Sayegusa, recommending Council approval of a Dedication Deed from McBryde Sugar Company, LLC, conveying the following real property to the County of Kaua`i for a portion of the northern leg of the County's Western Bypass Road, as these parcels are the remaining parcels that are required for the right-of-way that will connect Maluhia Road to Koloa Road; and fulfills Condition 9 of Ordinance No. PM-2004-370: 1) Lot 2-C as set forth on the subdivision map and is identified as Tax Map Key (TMK) No. (4) 2-7-003-018; and 2) Lot 9-J-2 as set forth on the subdivision map and is identified as TMK No. (4) 2-7-003-014. • Dedication Deed G. COMMITTEE REPORTS: 1. BUDGET & FINANCE COMMITTEE: a. CR-BF 2015-28: on Bill No. 2593 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND, HIGHWAY FUND, LIQUOR FUND, SOLID WASTE FUND, SEWER FUND, AND GOLF FUND (Units Z 3, and 4 Collective Bargaining Increases — $912,369) [Approved.] COUNCIL MEETING AGENDA 3 SEPTEMBER 16, 2015 b. CR-BF 2015-29: on Bill No. 2594 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015- 796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING SECTION 19 OF THE OPERATING BUDGET PROVISOS [Approved.] c. CR-BF 2015-30: on BF 2015-05 Communication (08/31/2015) from Council Vice Chair Kagawa, requesting the presence of the Director of Finance and the Housing Director, to discuss the County's Long-Term Affordable Rental Tax Limit, including, but not limited to discussion of the following: • An overview of the Department of Housing and Urban Development's median household income and affordable rental rates; • How affordable rental rates and median household income are calculated; • The potential impact to the County should the current tax limit be increased from eighty percent (80%) to one hundred percent (100%); and • All other related information to the Long-Term Affordable Rental Tax Limit. [Received for the Record.] d. CR-BF 2015-31: on Bill No. 2595 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015- 796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Kauai Police Department, Legal Analyst — $124,165) [Motion to approve failed.] H. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2597) — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE HIGHWAY FUND (Puhi Road 20% County Match (Operating Budget) - $268,000.00) COUNCIL MEETING AGENDA 4 SEPTEMBER 16, 2015 2. Proposed Draft Bill (No. 2598) — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE HIGHWAY FUND CIP (Puhi Road 20% County Match (CIP Budget) - $268,000.00) I. BILLS FOR SECOND READING: 1. Bill No. 2593 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND, HIGHWAY FUND, LIQUOR FUND, SOLID WASTE FUND, SEWER FUND, AND GOLF FUND (Units 2, 3, and 4 Collective Bargaining Increases — $912,369) (See also CR-BF 2015-28; the Budget & Finance Committee recommended approval on second and final reading.) 2. Bill No. 2594 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING SECTION 19 OF THE OPERATING BUDGET PROVISOS (See also CR-BF 2015-29; the Budget & Finance Committee recommended approval on second and final reading.) 3. Bill No. 2595 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Kauai Police Department, Legal Analyst — $124,165) (See also CR-BF 2015-31; the Budget & Finance Committee recommended Bill No. 2595 be received for the record.) J. 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-814 Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(2) and (4), and Kauai County Charter Section 3.07(E), the Kaua`i County Council requests an Executive Session with the County Attorney pertaining to the hiring of a County Auditor and to consult with the County's legal counsel. This Executive Session pertains to the hiring of a County Auditor where consideration of matters affecting privacy will be involved as they relate to this agenda item. K. ADJOURNMENT. COUNCIL MEETING AGENDA 5 SEPTEMBER 16, 2015 L. PUBLIC HEARING NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for a public hearing on the following. After the public hearing, 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/PublicH earingNoticesandMinutes/tabid/599/Default.aspx 1. Resolution No. 2015-57 — RESOLUTION SUPPORTING ECONOMIC JUSTICE FOR HAWAII'S WORKING FAMILIES: LIVING WAGE, PAID SICK LEAVE, PAID FAMILY AND MEDICAL LEAVE,AND RIGHT TO ORGANIZE 2. Bill No. 2596 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAPI, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE SOLID WASTE FUND AND GENERAL FUND (Kaua`i Police Department,Abandoned/Derelict Vehicle Coordinator—$140,122.00) M. 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. *TO VIEW MEETINGS OR MEETING ARCHIVES, PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.