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HomeMy WebLinkAbout10/22/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, OCTOBER 22, 2014 8:45 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 R FI A. MEETING CALLED TO ORDER. B. ROLL CALL. 14 OCT 16 P 2 :21 OFFICE •]; C. APPROVAL OF AGENDA. ThL Cf. COUPF! ;1' r .;11, 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. September 10, 2014 Council Meeting 2. September 10, 2014 Public Hearing re: Bill No. 2540 3. September 17, 2014 Special Council Meeting 4. September 24, 2014 Council Meeting 5. October 1, 2014 Special Council Meeting F. CONSENT CALENDAR: 1. C 2014-266 Communication (09/15/2014) from Councilmember Yukimura, transmitting for Council consideration, a Resolution urging the State Legislature to amend Hawai`i Revised Statutes Chapter 46 to provide the Counties the authority to impose a General Excise Tax surcharge of up to three-quarter percent (0.75%) to fund public transportation. (See Resolution No. 2014-46) 2. C 2014-267 Communication (09/29/2014) from the Director of Finance, transmitting for Council information, the Condition of the County Treasury Statement quarterly report as of August 4, 2014. COUNCIL MEETING AGENDA 2 OCTOBER 22, 2014 3. C 2014-268 Communication (10/06/2014) from the Acting Director of Personnel Services, transmitting for Council information, the July-September 2014 Department of Personnel Services Quarterly Report, pursuant to Section 19 of Ordinance No. B-2014-781, the Operating Budget of the County of Kaua`i for the Fiscal Year 2014-2015, which includes new hires, transfers, reallocations, promotions, and vacancies for the first quarter. 4. C 2014-269 Communication (10/14/2014) from Council Chair Furfaro, transmitting for Council consideration, a Resolution Renaming The Former Kapa'a New Town Park The "Mayor Bryan J. Baptiste Sports Complex" In Honor Of Bryan J. Baptiste. (See Resolution No. 2014-47) 5. C 2014-270 Communication (10/16/2014) from Council Chair Furfaro, transmitting for Council consideration, a Resolution supporting the preservation of the character of Hanalei Bay by restricting the use of large vessels that are operating within the Bay. (See Resolution No. 2014-48) G. COMMUNICATIONS: 1. C 2014-264 Communication (09/29/2014) from Councilmember Bynum, requesting the presence of Mona W. Clark, Deputy County Attorney, to provide the Council with an update on the Office of the County Attorney's investigation of certain properties receiving agricultural land dedication and their compliance to Ordinance No. 808 (Grading, Grubbing, and Stockpiling), specifically Tax Map Key Nos. (4) 3-3-018-002, (4) 3-8-004-001, and (4) 3-7-001-001. (Deferred 10/08/2014) 2. C 2014-271 Communication (09/29/2014) from the County Engineer, requesting Council approval, to use the Self Insurance Fund, in the amount of $86,000, to replace the following as a result of theft and vandalism: 1) Office equipment, Ford F250 Super Duty Pickup with utility bed, and various tools/equipment, estimated at $50,000; and 2) 25kw Trailer Mounted Emergency Generator, estimated at $36,000. 3. C 2014-272 Communication (09/29/2014) from the Civil Defense Manager, requesting Council approval to receive and expend grant funds from the United States Department of Homeland Security, via the State of Hawai`i Department of Defense, in the amount of $555,552, to continue to enhance the capability of State and local units of government to prevent, deter, respond to and recover from threats and incidents of terrorism, as well as "all hazards" catastrophic preparedness initiatives. COUNCIL MEETING AGENDA 3 OCTOBER 22, 2014 4. C 2014-273 Communication (09/30/2014) from Councilmember Rapozo, requesting the presence of the Executive on Transportation, to provide the Council with an update on the buses acquired from the City & County of Honolulu, an update on staffing and overtime, and a breakdown of the cost to construct a bus shelter versus the number of bus shelters constructed in the last five (5) years. H. CLAIM: 1. C 2014-274 Communication (10/08/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Karen Tangalin, for personal injury and loss of wages, pursuant to Section 23.06, Charter of the County of Kaua`i. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2014-09: on PL 2014-02 Communication (07/23/2014) from Councilmember Rapozo, requesting the presence of the Director of Planning to provide a briefing on the Planning Department's efforts to enforce the Transient Vacation Rental ("TVR") ordinance and deal with the various enforcement issues raised by the public and Council. [Received for the Record.] 2. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2014-35: on Bill No. 2553 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2014-782, AS AMENDED, RELATING TO THE CAPITAL 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 BOND FUND (Bond Fund — CIP, Fuel Tanks Hanalei Baseyard - $9,755) [Approved.] COUNCIL MEETING AGENDA 4 OCTOBER 22, 2014 b. CR-FED 2014-36: on Bill No. 2558, Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Retroactive Real Property Tax Measures and Extensions) [Approved.] c. CR-FED 2014-37: on Bill No. 2560 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, ARTICLE 6, SECTION 5A-6.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Commercialized Home Use Tax Classification) [Approved.] J. RESOLUTIONS: 1. Resolution No. 2014-45 — RESOLUTION ESTABLISHING A COUNCIL INVESTIGATIVE COMMITTEE TO INVESTIGATE THE IMPLEMENTATION AND MANAGEMENT OF SECTION 5A-9.1 AND SECTION 22-7.1 THROUGH 22-7.27, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE DEDICATION OF LAND FOR AGRICULTURAL USE, AND GRADING, GRUBBING AND STOCKPILING, WITHIN THE COUNTY OF KAUAI (Deferred 10/08/2014) 2. 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 3. Resolution No. 2014-47 — RESOLUTION RENAMING THE FORMER KAPAA NEW TOWN PARK THE "MAYOR BRYAN J. BAPTISTE SPORTS COMPLEX" IN HONOR OF BRYAN J. BAPTISTE 4. Resolution No. 2014-48 — RESOLUTION PRESERVING THE CHARACTER OF HANALEI BAY BY RESTRICTING USE OF LARGE VESSELS WITHIN THE BAY K. BILLS FOR SECOND READING: 1. Bill No. 2461, Draft 2 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amendments to the Shoreline Setback Ordinance) (Deferred 09/24/2014) COUNCIL MEETING AGENDA 5 OCTOBER 22, 2014 2. Bill No. 2553 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2014-782, AS AMENDED, RELATING TO THE CAPITAL 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 BOND FUND (Bond Fund — CIP, Fuel Tanks Hanalei Baseyard - $9,755) (See also CR-FED 2014-35; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 3. Bill No. 2555, Draft 1 — 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 Tax Relief Funding — $1,927,000) (Public hearing held 10/22/2014 at 8:30 a.m.) 4. Bill No. 2558, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Retroactive Real Property Tax Measures and Extensions) (See also CR-FED 2014-36; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 5. Bill No. 2560 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, ARTICLE 6, SECTION 5A-6.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (Commercialized Home Use Tax Classification) (See also CR-FED 2014-37; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) L. EXECUTIVE SESSION: Pursuant to Hawai`i 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-764 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an Executive Session with the Council to provide a briefing regarding EEOC Charge Nos. 486-2013-00066, 486-2013-00345, 486-2013-00047, 486-2013-00343, 486-2013-00005, 486-2013-00342 concerning the County of Kauai, Kauai Police Department, to obtain settlement authority, 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. (Deferred 10/08/2014) COUNCIL MEETING AGENDA 6 OCTOBER 22, 2014 2. ES-766 Pursuant to Hawai`i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to provide the Council with a briefing and request for authority to settle the claim against the County by Farmer's Insurance Hawaii, Inc., filed on June 24, 2014, and related matters. This 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. (Deferred 10/08/2014) M. ADJOURNMENT. N. PUBLIC HEARING NOTE: Prior to this 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 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: http://www.kauai.goo/Government/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. Bill No. 2555, Draft 1 — 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 Tax Relief Funding— $1,927,000) 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.