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HomeMy WebLinkAbout02/11/2015 Special Council minutes - Items that have been inactive on the Council's deferred agenda log SPECIAL COUNCIL MEETING FEBRUARY 11, 2015 The Special Council Meeting of the Council of the County of Kaua`i was called to order by Council Chair Mel Rapozo at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, February 11, 2015 at 4:30 p.m., after which the following members answered the call of the roll: Honorable Mason K. Chock Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Arryl Kaneshiro Honorable KipuKai Kuali`i Honorable JoAnn A. Yukimura Honorable Mel Rapozo APPROVAL OF AGENDA. Councilmember Kuali`i moved for approval of the agenda as circulated, seconded by Councilmember Chock, and unanimously carried. *THESE MATTERS HAVE REMAINED INACTIVE ON THE COUNCIL'S DEFERRED AGENDA LOG AND HAVE BEEN DEEMED OBSOLETE. THEY WILL BE FORMALLY RECEIVED FOR THE RECORD AND FILED. NO ADDITIONAL ACTION WILL BE TAKEN ON EACH ITEM. CONSENT CALENDAR: C-222-95 (*) Housing Repurchase (Buyback) Policy (03/13/1995). C-79-99 (*) Communication (01/15/1999) from Bryan Baptiste, Chair, Housing/Parks Committee, transmitting for review the Summary Report of the Special Advisory Committee to Review and Evaluate County Parks. C-580-95 (*) Communication (09/08/1995) from Kenneth Rainforth, Housing Executive Assistant, requesting the Council's review and adoption of the proposed County of Kaua`i Affordable Housing Guidelines. C 2001-232 (*) Communication (06/07/2001) from Bill "Kaipo" Asing, Councilmember, to Mayor Maryanne W. Kusaka and Hartwell Blake, County Attorney, requesting the Administration's official position on the propriety of the multi-year vehicle lease without the Council's approval, and the propriety of exempting the vehicle lease from the procurement process. C 2001-233 (*) Communication (06/07/2001) from Bill "Kaipo" Asing, Councilmember, to the State Auditor and State Procurement Administrator requesting their input in the propriety of exempting from the procurement process the leasing of a passenger sedan. C 2003-68 (*) Communication (12/03/2002) from the Chief of Police, requesting Council approval of corrections in the fiscal year 2002-2003 budget, to allow the SPECIAL COUNCIL MEETING 2 FEBRUARY 11, 2015 purchases/leases of vehicles to include one (1) 4 x 4 vehicle for the Criminal Intelligence Unit, another 4 x 4 vehicle for use by the Vice/Narcotics Unit, and to utilize the remaining funds to purchase/lease a prisoner transport vehicle, instead of the three (3) 4 x 4 vehicles approved for the Patrol Division. C 2003-261 (*) Communication (08/08/2003) from the Administrative Assistant, recommending for Council approval, a lease agreement between the County of Kaua`i and the Kaua`i Historical Society, to lease the County Annex Building for a term of thirty (30) calendar years, and to assist the County with archiving County documents. C 2004-133 (*) Communication (03/29/2004) from the Chief, Operations and Construction, Department of Public Works, transmitting for Council information, his response to the January 12, 2004 letter regarding Kalama Bridge located at Pu`u`opae Road in Wailua Homesteads. C 2004-290 (*) Communication (08/30/2004) from Edward Okamoto, Executive Assistant to the Mayor (Wailua Golf Course), requesting Council approval to purchase a portable table top equipment lift for the Wailua Golf Course mechanic shop, for approximately $3,281.18 from the light equipment account, so needed work on smaller engines and machines can be done. C 2005-389 (*) Communication (11/04/2005) from the Council Chair, requesting that the Administration be present at the November 17, 2005 Council meeting to brief the Council on the Solid Waste Project included in the recent bond float. C 2007-145 (*) Communication (03/09/2007) from the Council Vice Chair, requesting that the Acting County Attorney be present at the March 15, 2007 Council meeting to provide clarification on the opinion from the County Attorney's office regarding the validity of the shoreline certification for the bike path. W 2002-18 (*) Communication (11/15/2002) from Council Chair Ron Kouchi, submitting a resolution supporting labeling efforts for genetically modified foods. W 2007-2 (*) Communication (10/18/2007) from Council Chair Asing, requesting that the County Attorney provide a legal interpretation of the 2006 Charter Amendment relating to conflict of interest of Councilmembers, and that he be present to discuss this matter. Resolution No. 7-99, Draft 1 (*) - RESOLUTION SUPPORTING EXTENDED RUNWAY FOR LIHUE AIRPORT Resolution No. 118-96 (*) - A RESOLUTION ESTABLISHING NO-PARKING RESTRICTIONS ALONG HANALIMA STREET AND PUHI ROAD, LIHUE DISTRICT Resolution No. 2001-38 (*) - RESOLUTION AUTHORIZING THE ACQUISITION OF LAND FOR A LANDFILL FOR THE COUNTY OF KAUAI AND DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN (Grove Farm) Resolution No. 2001-42 (*) - A RESOLUTION ESTABLISHING SPEED HUMPS ON KAMOA ROAD, KAWAIHAU DISTRICT SPECIAL COUNCIL MEETING 3 FEBRUARY 11, 2015 Bill No. 2050 (*) - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 16, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO EXCESSIVELY BARKING DOG Bill No. 2067, Draft 1 (*) -A BILL FOR AN ORDINANCE TO RESTRICT USE OF COVENANTS, BYLAWS, OR ADMINISTRATIVE PROVISIONS TO LIMIT AGRICULTURAL USES IN AGRICULTURE & OPEN DISTRICTS Bill No. 1284 (*) - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO GOLF COURSES IN THE COMPREHENSIVE ZONING ORDINANCE Bill No. 2142 (*) -A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, KAUAI COUNTY CODE 1987, RELATING TO HOME EXEMPTION Bill No. 2150 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 4, KAUAI COUNTY CODE 1987, RELATING TO DEVELOPMENT STANDARDS WITHIN THE RESORT DISTRICT Bill No. 2151 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, RELATING TO PUBLIC ACCESS-WAYS Bill No. 2152 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO SUBDIVISIONS Bill No. 2172 (*) - A BILL FOR AN ORDINANCE AUTHORIZING THE EXECUTION OF A LONG TERM LEASE WITH THE STATE OF HAWAII FOR THE ESTABLISHMENT OF A REGIONAL PARK IN PORT ALLEN Bill No. 2195 (*) - A BILL FOR AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REGULATION AND CONTROL OF COUNTY PARKS AND RECREATION AREAS Bill No. 2196 (*) - AN ORDINANCE AMENDING ORDINANCE NO. B-2006-646 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($600,000 Hanapepe Adolescent Residential Treatment Center) Bill No. 2221 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, RELATING TO STREET REQUIREMENTS FOR SUBDIVISIONS (Traffic calming elements) Bill No. 2252 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO COMPREHENSIVE ZONING ORDINANCE (Bureau of Conveyances recordation requirement) Bill No. 2253 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO COMPREHENSIVE ZONING ORDINANCE (parameters for adopting zoning amendments) SPECIAL COUNCIL MEETING 4 FEBRUARY 11, 2015 Bill No. 2274, Draft 1 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX Bill No. 2288 (*) -A BILL FOR AN ORDINANCE AMENDING SECTION 2-1.1 OF THE KAUAI COUNTY CODE RELATING TO THE DUTIES OF THE OFFICE OF THE COUNTY ATTORNEY Bill No. 2298 (*) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS Bill No. 2408 (*) - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, RELATING TO HOME EXEMPTIONS ES-261 (*) Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to consult with legal counsel on legal liabilities and opinions (both written and oral) pertaining to the County's Ahukini - Anahola bicycle/pedestrian pathway project ("Project"); specifically whether the Project's permits (including, but not limited to the Kapa'a - Kealia Project segment) are in compliance with requirements of law pertaining to: Chapter 205A of the Hawai`i Revised Statutes (Coastal Zone Management); the Special Management Area Rules and Regulations of the County of Kauai; the County of Kauai Planning Department Shoreline Setback Rules and Regulations; Title 13, Chapter 222, Hawai`i Administrative Rules (Shoreline Certifications); Chapter 183C of the Hawai`i Revised Statutes (Conservation District); and Title 13, Chapter 5, Hawai`i Administrative Rules (Conservation District). This 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. ES-351 (*) Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a), (4), (6) and (8) and Kaua`i County Charter §3.07(E), the purposes of this executive session are to provide Council a briefing, update, and to request authority relating to possible settlement proposal(s) in the case of Koloa Creekside Estates, L.P. v. County of Kaua`i, et al., Civ. No. 07-1-0191 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. Councilmember Kuali`i moved to receive C-222-95, C-79-99, C-580-95, C 2001-232, C 2001-233, C 2003-68, C 2003-261, C 2004-133, C 2004-290, C 2005-389, C 2007-145, W 2002-18, W 2007-2, Resolution No. 7-99, Draft 1, Resolution No. 118-96, Resolution No. 2001-38, Resolution No. 2001-42, Bill No. 2050, Bill No. 2067, Draft 1, Bill No. 1284, Bill No. 2142, Bill No. 2150, Bill No. 2151, Bill No. 2152, Bill No. 2172, Bill No. 2195, Bill No. 2196, Bill No. 2221, Bill No. 2252, Bill No. 2253, Bill No. 2274, Draft 1, Bill No. 2288, Bill No. 2298, Bill No. 2408, ES-261, and ES-351 for the record, seconded by Councilmember Yukimura. Council Chair Rapozo: Did we have someone wishing to testify? SCOTT K. SATO, Council Services Review Officer: Yes, we have Ken Taylor on C-79-99. SPECIAL COUNCIL MEETING 5 FEBRUARY 11, 2015 Council Chair Rapozo: Is that it? Mr. Sato: Yes. Council Chair Rapozo: Is there anyone else wishing to testify on matters on the Consent Calendar? If not, okay, we need to make a motion to take out C-79-99 from the Consent Calendar. Councilmember Kuali`i moved to remove C-79-99 off of the Consent Calendar, seconded by Councilmember Kagawa, and unanimously carried. Council Chair Rapozo: Let us do the Consent Calendar. There is a motion to receive and a second. The motion to receive C-222-95, C-580-95, C 2001-232, C 2001-233, C 2003-68, C 2003-261, C 2004-133, C 2004-290, C 2005-389, C 2007-145, W 2002-18, W 2007-2, Resolution No. 7-99, Draft 1, Resolution No. 118-96, Resolution No. 2001-38, Resolution No. 2001-42, Bill No. 2050, Bill No. 2067, Draft 1, Bill No. 1284, Bill No. 2142, Bill No. 2150, Bill No. 2151, Bill No. 2152, Bill No. 2172, Bill No. 2195, Bill No. 2196, Bill No. 2221, Bill No. 2252, Bill No. 2253, Bill No. 2274, Draft 1, Bill No. 2288, Bill No. 2298, Bill No. 2408, ES-261, and ES-351 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. That brings us to item C-79-99. Can you read the please? C-79-99 (*) Communication (01/15/1999) from Bryan Baptiste, Chair, Housing/Parks Committee, transmitting for review the Summary Report of the Special Advisory Committee to Review and Evaluate County Parks. Mr. Sato: Our first registered speaker is Ken Taylor. There being no objections, the rules were suspended to take public testimony. KEN TAYLOR: Chair and members of the Council, my name is Ken Taylor. I wanted to speak on this issue because I have had a few years experience in the landscaping industry, design, installation, and maintenance. I do not normally like to talk about what I have done in the past, but I find it really sad here on the island that we call "The Garden Island" that our parks and public facilities are in such poor condition. I cannot help but believe that it starts at the top with inexperience and unfortunately, when you have inexperience at the top, you have a very difficult time moving the workforce forward in a manner that can get the job done and do it properly. I come from the same kind of conditions that you have here. We had the ocean, the developed area, the mountains behind, and tourist oriented community. I can remember the first time I arrived here on the island and I am looking around because I had read so much about the Garden Island. After a couple of days, I am asking myself, "Where is the garden?" The natural part of the island is beautiful. The man-made part of the island is really the pits. There is absolutely no reason for us not to have a higher quality and maintenance of the grounds not only in the parks, but look at the front lawn here at the Historic County Building. It is brown. Why is it brown? Here was a situation that was brought forth in 1999 and nobody has paid attention to what may have been in that report. SPECIAL COUNCIL MEETING 6 FEBRUARY 11, 2015 Mr. Sato: Three (3) minutes. Council Chair Rapozo: Ken, you are done. Mr. Taylor: A review. Council Chair Rapozo: Anyone else wishing to testify? You are? No, you can come up and he can come back. GLENN MICKENS: For the record, Glenn Mickens. I just want to say I completely agree with everything that Ken is saying. This is the Garden Island. It is the Garden Island. You see some pictures of Capital Buildings and things with flowers. Where are the flowers on this island? Why is our lawn out in the front dead? It does not have a sprinkler system. We wait for the rain. Yes, we do have a lot of rain, but for January and now February, we have had less than two (2) inches of rain. It is a little bit dry, but you have an irrigation system that you put in these places. As Ken is pointing out, we have to have people with experience at the top. That is where it comes from. If the person at the top does not have experience at what he is doing, how do you expect him to tell his workers or anybody under him what they should be doing if he does not have the experience? Anyway, it is a pleasure listening to Ken that had the experience. I think he spent thirty-five (35) or thirty-seven (37) years in landscaping athletic field, parks, and recreation places. People like that are the kind of people you have to have. Mel, if you got a job as a cop, you had to past tests and do some things to be able to get into the Police Department. JoAnn, you were a lawyer. I mean, you had to go through Stanford and all of these bells and things that it took to be a lawyer. You had the experience to be hired to do a certain job, but if you look at our structure here, take a real close look at it and see how many people are experienced for doing it. Anyway, that is basically I wanted say. I would like to hear what the rest of Ken has to say. Thank you very much. Council Chair Rapozo: Okay. Now you see why I do what I do, Glenn? Ken would have taken his six (6) and then you folks would have wanted to speak again. JOE ROSA: For the record, Joe Rosa. From when I have been growing up during the plantation days, I will use Isenberg Field as an example. Before there, they had one (1) caretaker and he had an eight (8) hour job. He used to mow the place, he used to fix the baseball diamonds, he used to lineup the football field and the baseball field, and he trimmed it with a sickle those days along the fence. Today you have weed eaters, but I see the grass just as tall as us along the edge there. Where is the pride? Where is the pride in the caretaker? They take caretakers. They bring them from here to the stadium, from the stadium out here. There is no individual. You take on the West Side when the late Louie Almodova used to do it on his own taking care of the `Ele`ele Park by the subdivision and then he goes down to Salt Pond, and then the other new park they had in the `Ele`ele subdivision. He was even trying to do that there. Then, they have Wally Sonoda at Kaumakani. Those people did that because they wanted to see their community parks with pride and do their work. That is what is lacking in the Parks system. There is no pride. They just collect their paycheck. To me, that is why counts. When I worked, I took pride in my work because I did not want to hear the repercussions from the public saying, "Hey Joe, you did a bum job on that paving there." I took pride. I did my job. I told them how I wanted it done. If you have a caretaker that takes pride in his job, they will do it as such. To me, sometimes there is unnecessary parks. Take Hanama`ulu, there are five (5) parks including the Hanama`ulu Pavilion Park. Too many parks. You SPECIAL COUNCIL MEETING 7 FEBRUARY 11, 2015 could have gotten the caretakers, but every Ordinance says you have to have a park within its subdivision, but they have to look within the perimeter of a mile or a so. Hanama`ulu, five (5) parks. Lihu`e, we got Isenberg. The County park which we can hardly see used for little league, you have the Stadium, and you have Kalena Park. We are getting too many parks. There are not enough workers to operate and take care of those parks. Out here, the Monkey Pods, too many trees. No sunlight, the grass dies. Common sense. Council Chair Rapozo: Okay, Mr. Rosa, that is your three (3). Mr. Rosa: Yes. I hope that the Director can see those things like common sense. No sunlight, no growth. Thank you. Council Chair Rapozo: Thank you. Mr. Taylor. Mr. Taylor: Chair and members of the Council, Ken Taylor. I would really like to see with budget hearings coming up, you folks to really get into asking some tough questions about planning, how the work schedules are put together, and what the criterion for the work schedules. In my case, I knew the different types of equipment and how much time it would take to mow certain areas and different people because not everybody operates at the same speed. So, you have to take variations and you have to look at your slowest people and your fastest people, and come up with some averages to know how long when you send somebody out to do a job. What I see here at the County is that the people go out, if they do not get done today, they go back tomorrow and the next day and the next day until it is done. In some cases, I cannot believe what has been taking a week to get done could not have been done in one (1) day, but we do not have the management overseeing what is happening. In a situation where money is not growing in trees and dollars are tough to come by, it is very important to have good management with good maintenance skills and knowledge to set up the process so that they know and understand that when they send the person out, if he does not get the job done, there is a question mark. What is going on? Okay. Someday his equipment can break down. That can slow things down, but if there was no breakdown in the equipment, why was the job not done? What went on? These things are not happening. You folks, I know, are not supposed to know and understand all of the nity-gritties of all of these jobs, but the Department Heads, if they know and understand what they are doing, they should have that ability. Thank you. Council Chair Rapozo: Thank you very much. There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Was there a motion? I need a motion to receive. Councilmember Kagawa moved to receive C-79-99 for the record, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Any further discussion? Councilmember Yukimura. Councilmember Yukimura: I want to thank Ken, Glenn, and Joe for their comments because I think they speak for a lot of people in our community in terms of SPECIAL COUNCIL MEETING 8 FEBRUARY 11, 2015 their concerns about the parks. I believe that even though we might receive this report, it is actually quite substantive. A lot of work went into it and there are some guidance that, I think, is still useful. I feel like this body needs to take on this issue of the maintenance, design, and use of our parks. I was wondering if the Chair of the Public Works / Parks & Recreation Committee might be willing to take it on. I still see receiving this, but maybe instituting either a Committee or else going over this report, taking things that are useful and actionable, and maybe working to develop some kind of initiative, and hopefully work closely with the Administration. Councilmember Kagawa: We will look into it. I will look into it. Councilmember Yukimura: Thank you. Councilmember Kagawa: Thank you. Council Chair Rapozo: Any further discussion? Thank you. The motion to receive C-79-99 for the record was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. COMMITTEE REPORTS: PUBLIC WORKS / PARKS & RECREATION COMMITTEE: A report (No. CR-PWPR 2015-03) submitted by the Public Works / Parks & Recreation Committee, recommending that the following be Received for the Record: "C-79-99 Communication (01/15/1999) from Bryan Baptiste, Chair, Housing/Parks Committee, transmitting for review the Summary Report of the Special Advisory Committee to Review and Evaluate County Parks," A report (No. CR-PWPR 2015-04) submitted by the Public Works / Parks & Recreation Committee, recommending that the following be Received for the Record: "C 2005-389 Communication (11/04/2005) from the Council Chair, requesting that the Administration be present at the November 17, 2005 Council meeting to brief the Council on the Solid Waste Project included in the recent bond float," A report (No. CR-PWPR 2015-05) submitted by the Public Works / Parks & Recreation Committee, recommending that the following be Received for the Record: "Resolution No. 118-96 — A RESOLUTION ESTABLISHING NO-PARKING RESTRICTIONS ALONG HANALIMA STREET AND PUHI ROAD, LIHUE DISTRICT," A report (No. CR-PWPR 2015-06) submitted by the Public Works / Parks & Recreation Committee, recommending that the following be Received for the Record: "Resolution No. 2001-42 — A RESOLUTION ESTABLISHING SPEED HUMPS ON KAMOA ROAD, KAWAIHAU DISTRICT," SPECIAL COUNCIL MEETING 9 FEBRUARY 11, 2015 A report (No. CR-PWPR 2015-07) submitted by the Public Works / Parks & Recreation Committee, recommending that the following be Received for the Record: "Bill No. 2172 — A BILL FOR AN ORDINANCE AUTHORIZING THE EXECUTION OF A LONG TERM LEASE WITH THE STATE OF HAWAII FOR THE ESTABLISHMENT OF A REGIONAL PARK IN PORT ALLEN," A report (No. CR-PWPR 2015-08) submitted by the Public Works / Parks & Recreation Committee, recommending that the following be Received for the Record: "Bill No. 2195 — A BILL FOR AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REGULATION AND CONTROL OF COUNTY PARKS AND RECREATION AREAS," Councilmember Kagawa moved for approval of CR-PWPR 2015-03, CR-PWPR 2015-04, CR-PWPR 2015-05, CR-PWPR 2015-06, CR-PWPR 2015-07, and CR-PWPR 2015-08, seconded by Councilmember Kuali`i. Council Chair Rapozo: Moved and seconded. Any discussion? The motion for approval of CR-PWPR 2015-03, CR-PWPR 2015-04, CR-PWPR 2015-05, CR-PWPR 2015-06, CR-PWPR 2015-07, and CR-PWPR 2015-08 was then put, and unanimously carried. Council Chair Rapozo: Next item. PUBLIC SAFETY COMMITTEE: A report (No. CR-PS 2015-02) submitted by the Public Safety Committee, recommending that the following be Received for the Record: "Bill No. 2050—A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 16, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO EXCESSIVELY BARKING DOGS," A report (No. CR-PS 2015-03) submitted by the Public Safety Committee, recommending that the following be Received for the Record: "Bill No. 2196 — AN ORDINANCE AMENDING ORDINANCE NO. B-2006-646 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($600,000 Hanapepe Adolescent Residential Treatment Center)," Councilmember Kuali`i moved for approval of CR-PS 2015-02 and CR-PS 2015-03, seconded by Councilmember Chock. Council Chair Rapozo: Moved and seconded. Any discussion? Public testimony? There being on objections, the rules were suspended to take public testimony. SPECIAL COUNCIL MEETING 10 FEBRUARY 11, 2015 There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion for approval of CR-PS 2015-02 and CR-PS 2015-03 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. HOUSING & TRANSPORTATION COMMITTEE: A report (No. CR-HT 2015-01) submitted by the Housing & Transportation Committee, recommending that the following be Received for the Record: "C-222-95 Housing Repurchase (Buyback) Policy (03/13/1995)," A report (No. CR-HT 2015-02) submitted by the Housing & Transportation Committee, recommending that the following be Received for the Record: "C-580-95 Communication (09/08/1995) from Kenneth Rainforth, Housing Executive Assistant, requesting the Council's review and adoption of the proposed County of Kaua`i Affordable Housing Guidelines," Councilmember Yukimura moved for approval of CR-HT 2015-01 and CR-HT 2015-02, seconded by Councilmember Kuali`i. Council Chair Rapozo: Moved and seconded. Any discussion? The motion for approval of CR-HT 2015-01 and CR-HT 2015-02 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item. PLANNING COMMITTEE: A report (No. CR-PL 2015-02) submitted by the Planning Committee, recommending that the following be Received for the Record: "Bill No. 1284 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO GOLF COURSES IN THE COMPREHENSIVE ZONING ORDINANCE," A report (No. CR-PL 2015-03) submitted by the Planning Committee, recommending that the following be Received for the Record: "Bill No. 2221 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, RELATING TO STREET REQUIREMENTS FOR SUBDIVISIONS (Traffic calming elements)," A report (No. CR-PL 2015-04) submitted by the Planning Committee, recommending that the following be Received for the Record: SPECIAL COUNCIL MEETING 11 FEBRUARY 11, 2015 "Bill No. 2252 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO COMPREHENSIVE ZONING ORDINANCE (Bureau of Conveyances recordation requirement)," A report (No. CR-PL 2015-05) submitted by the Planning Committee, recommending that the following be Received for the Record: "Bill No. 2253 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO COMPREHENSIVE ZONING ORDINANCE (parameters for adopting zoning amendments)," A report (No. CR-PL 2015-06) submitted by the Planning Committee, recommending that the following be Received for the Record: "Bill No. 2298 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS," Councilmember Chock moved for approval of CR-PL 2015-02, CR-PL 2015-03, CR-PL 2015-04, CR-PL 2015-05, and CR-PL 2015-06, seconded by Councilmember Kuali`i. Council Chair Rapozo: Moved and seconded. Any discussion? The motion for approval of CR-PL 2015-02, CR-PL 2015-03, CR-PL 2015-04, CR-PL 2015-05, and CR-PL 2015-06 was then put, and unanimously carried. Council Chair Rapozo: Thank you. Next item, please. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS COMMITTEE: A report (No. CR-EDIR 2015-02) submitted by the Economic Development & Intergovernmental Relations Committee, recommending that the following be Received for the Record: "W 2002-18 Communication (11/15/2002) from Council Chair Ron Kouchi, submitting a resolution supporting labeling efforts for genetically modified foods," Councilmember Kuali`i moved for approval of CR-EDIR 2015-02, seconded by Councilmember Yukimura. Council Chair Rapozo: Moved and seconded. Any discussion? The motion for approval of CR-EDIR 2015-02 was then put, and unanimously carried. Council Chair Rapozo: Thank you. Motion carried. Next item. SPECIAL COUNCIL MEETING 12 FEBRUARY 11, 2015 BUDGET & FINANCE COMMITTEE: A report (No. CR-BF 2015-06) submitted by the Budget & Finance Committee, recommending that the following be Received for the Record: "Bill No. 2142 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, KAUAI COUNTY CODE 1987, RELATING TO HOME EXEMPTION," A report (No. CR-BF 2015-07) submitted by the Budget & Finance Committee, recommending that the following be Received for the Record: "Bill No. 2274, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX," A report (No. CR-BF 2015-08) submitted by the Budget & Finance Committee, recommending that the following be Received for the Record: "Bill No. 2408 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, RELATING TO HOME EXEMPTIONS," Councilmember Kuali`i moved for approval of CR-BF 2015-06, CR-BF 2015-07, and CR-BF 2015-08, seconded by Councilmember Yukimura. Council Chair Rapozo: Moved and seconded. Any discussion? The motion for approval of CR-BF 2015-06, CR-BF 2015-07, and CR-BF 2015-08 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item. COMMITTEE OF THE WHOLE: A report (No. CR-COW 2015-02) submitted by the Committee of the Whole, recommending that the following be Received for the Record: "C 2003-261 Communication (08/08/2003) from the Administrative Assistant, recommending for Council approval, a lease agreement between the County of Kaua`i and the Kaua`i Historical Society, to lease the County Annex Building for a term of thirty (30) calendar years, and to assist the County with archiving County documents," A report (No. CR-COW 2015-03) submitted by the Committee of the Whole, recommending that the following be Received for the Record: "Bill No. 2288 — A BILL FOR AN ORDINANCE AMENDING SECTION 2-1.1 OF THE KAUAI COUNTY CODE RELATING TO THE DUTIES OF THE OFFICE OF THE COUNTY ATTORNEY," Councilmember Kuali`i moved for approval of CR-COW 2015-02 and CR-COW 2015-03, seconded by Councilmember Yukimura. SPECIAL COUNCIL MEETING 13 FEBRUARY 11, 2015 Council Chair Rapozo: Moved and seconded. Any discussion? The motion for approval of CR-COW 2015-02 and CR-COW 2015-03 was then put, and unanimously carried. Council Chair Rapozo: Thank you very much. That concludes today's agenda. Oh, go ahead, Mr. Kagawa. Councilmember Kagawa: Personal privilege. Council Chair Rapozo: Yes. Councilmember Kagawa: I just want to thank you, Chair, and the staff for cleaning up a lot of these old issues that should be taken off. I think if any issue needs to be revived, let us revive it new instead of leaving it outdated ten (10) or twelve (12) years ago or what have you. Thank you, Chair. Council Chair Rapozo: You are welcome. I would agree that with, I think, Councilmember Yukimura that the parks issue, we should probably take a look at. As we contemplate expanding the parks with new developments, I think we have to get a handle of what we have and I think we need a vehicle that will assess the existing park inventory, the quality of the park, and the Administration's plans to maintaining at that level. We will pursue that in some fashion. With that, no objections, the meeting is adjourned. Thank you. ADJOURNMENT: There being no further business, the meeting was adjourned at 4:46 p.m. Respectfully submitted, SCOTT K. SATO Council Services Review Officer :aa