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HomeMy WebLinkAbout03-22-2010 Special Council Meeting Minutes SPECIAL COUNCIL MEETING March 22, 2010 The Special Council Meeting of the Council of the County of Kauai was called to order by the Council Chair at the Council Chambers, Historic County Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Monday, March 22, 2010 at 9.10 a.m., after which the following members answered the call of the roll. Honorable Tim Bynum Honorable Jay Furfaro Honorable Daryl W Kaneshiro Honorable Lani T Kawahara Honorable Derek S.K. Kawakami Honorable Bill "Kaipo" Asing, Council Chair Excused. Honorable Dickie Chang Chair Asing: Please note that Councilmember Chang should be here shortly With that can I have the motion to approve the agenda please? APPROVAL OF AGENDA. Mr Kawakami moved for approval of the agenda as circulated, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. PETER A. NAKAMURA, County Clerk: First matter is a communication for receipt, communication C 2010-75 COMMUNICATION C 2010-75 Communication (03/15/2010) from the Mayor, transmitting his Fiscal Year (FY) 2010-2011 Budget Message, along with his proposed Operating Budget, Capital Improvements Budget, Real Property Tax Rates, and Efficiency Improvements and Revenue Enhancements proposals: Mr Furfaro moved to receive C 2010-75, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval is a committee report from your committee on budget & finance, Committee Report CR-B&F 2010-07 COMMITTEE REPORT- BUDGET & FINANCE COMMITTEE REPORT: A report (No. CR-B&F 2010-07) submitted by the Budget & Finance Committee, recommending that the following be apporoved on second and final reading: "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAPI, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SPECIAL COUNCIL MEETING - 2 - March 22, 2010 SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS-HANALEI DISTRICT (BLACK POT EXPANSION, LAND ACQUISITION - $350,000)," Mr Kaneshiro moved for approval of the report, seconded by Mr Furfaro, and unanimously carried. (See later for Bill No. 2349) Chair Asing: Next item please. Mr Nakamura. Next matter is a Resolution, Resolution No. 2010-33. RESOLUTION Resolution No. 2010-33, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 FOR THE COUNTY OF KAUAI. Mr Furfaro: Move to approve. Mr Kaneshiro: Second. Chair Asing: I believe a. . Mr Furfaro: Schedule. now we're going to schedule public hearing. Chair Asing: Yes. Mr Kaneshiro: Oh, sorry Chair Asing: Will you include in the motion the public hearing process on. Mr Furfaro: For May 5th Chair Asing: May the 5th Mr Furfaro: At 5 p.m. Chair Asing: At 5 p.m., thank you. Mr Furfaro: And refer to Budget & Finance. And I withdraw the motion of approval. Mr Kaneshiro: I'll second the motion on that. Mr Furfaro moved that a public hearing on Resolution No. 2010-33 be scheduled for May 5, 2010 at 5 p.m., and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr Kaneshiro. Chair Asing: Yes. Okay, what I'd like to do is call for the public. With that I'm going to suspend the rules. There being no objection, the rules were suspended. SPECIAL COUNCIL MEETING .3- March 22, 2010 GLENN MICKENS• Thank you, Kaipo, for the record Glenn Mickens. Chair Asing: Go ahead. Mr Mickens: I just have a question. I talked to Rick. I have. .1 don't have last year's copy of the land and the building assessment, but I'm just wondering... Rick says they're going to stay the same, but there's a line in the budget message-here that says minimize the need for revenue enhancement of property tax increases. So, does that mean they're going to. the property taxes are going to stay the same? Or are they going to. Mr Furfaro: No, that. that means, if I can translate it and it's the mayor's message. Mr Mickens: Right. Mr Furfaro: It means that they're going to look at other revenue enhancements before they go to an increase in the property tax. It doesn't mean they're not. So, there'll be more on that as we develop the budget. Mr Mickens: So it doesn't mean it'll stay the same. Mr Furfaro: No. Mr Mickens: It could or it couldn't. Mr Furfaro: It says that they will look at all other sources. Mr Mickens: Right. Mr Furfaro: to improve and I think some of those were in the mayor's message on the state of the county when he talks about looking at the reproduction cost of licenses and so forth. So the way I interpret that, and again I'm not speaking for the mayor Mr Mickens: Right. Mr Furfaro: I interpret that as they will look at all the other options on revenues before they go to property tax. Mr Mickens: Okay, I understand. I know that the mayor has consistently said they the property. the rates that this council or previous councils have never raised the rate, but when. why didn't the administration then when property assessments were skyrocketing and people were paying 50% to 100% more in property taxes, why didn't they lower the rate then to be able to do it? I mean we got a. what. a thirty-some million dollar in our budget. that unappropriated surplus in the budget, but again, you know, they never t. they said they haven't raised the rate, but they could have lowered the rate to make the thing equitable. So that's why my curiosity Mr Furfaro: I think what you're doing, Glenn, is you're really asking us questions that'll come up in the budget package. Mr Mickens: Right. SPECIAL COUNCIL MEETING - 4 - March 22, 2010 Mr Furfaro: Those answers are certainly and questions are certainly directed at the administration. Mr Mickens: Right. Mr Furfaro: Now, if you recall, it was the council during the years there were. increases in value, it was the council, for primary home residents. to control it. the council passed the cap. Mr Mickens: Yes. Mr Furfaro: (Inaudible.) Okay, so that was our mechanism. Mr Mickens: Six percent, then two percent. Mr Furfaro: It was 2% on your primary home. Mr Mickens: Right. Mr Furfaro: and 6% if you used your home for a long-term rental. Mr Mickens: Right. Mr Furfaro: That was action taken by the council. Mr Mickens: Yes, yes. Mr Furfaro: We cannot speak for the mayor, but I hope I've answered your question. That's how the council handled it. Mr Mickens: Right. Mr Furfaro: at that time. But I would say both of your questions should not be directed at the council, but at the mayor when we begin the revenue portion of the budget plan. Mr Mickens: Of the budget hearing, okay Thank you, Jay Chair Asing: Go ahead. Mr Kaneshiro: And Glenn, you know, part of the reason too is that the options have to be open because the leg (legislature) is not done yet. The legislature still isn't complete. Mr Mickens: The TAT tax. Mr Kaneshiro: Absolutely Mr Mickens: Right, right. I understand. So, this is still kind of. kind of in limbo Mr Kaneshiro: Well, you know, until they're done and the Senate isn't finished with their work yet. SPECIAL COUNCIL MEETING -5- March 22, 2010 Mr Mickens: Because I think the mayor has made a point of saying it's going to be in the. how did he put. oh, in the furlough part of the thing I think that's going to be one of his major parts of trying to find the moneys to be able to balance the budget, right? Mr Kaneshiro: Why and that's why he said that. as Mr Furfaro as the vice chair stated, they're. you know, they are. he's looking at different areas of revenue sources rather than looking at. Mr Mickens: Sure. Mr Kaneshiro: . this time of raising real property tax. So, currently the proposal is the same. Mr Mickens: Sure, thanks Daryl. Mr Kaneshiro: Okay Chair Asing: Thank you. Glenn, like anything else, it's. it's really kind of premature right now I mean, we just don't know exactly how much money we're going to be having, especially with the leg (legislature), number one, and numer two, in real property tax, we're not sure what that figure is going to end up being, and until we get that certified, which comes later on, then we'll know exactly or very close to how much money we have and therefore, we start to adjust the budget. So that's kind of down the road. With that, the meeting is called back to order The Chair called the meeting back to order Chair Asing: Is there any further discussion? Mr Furfaro: Yeah, I have one more comment. Chair Asing: Yes, go ahead. Mr Furfaro: And earlier as I moved on the public hearing, I did want to point out that the leg (legislature) is scheduled to adjourn April 29 and the item that I read and pointed out that on the proposed draft bill for the ordinance relating to the operating budget, we will. and the financial part of it, we will not have our public hearing until May 5, after the time that the legislature has closed. Chair Asing: Thank you. Any further discussion? If not. Mr Nakamura. We have a motion and a second. Chair Asing: Yes. Roll call please. The motion to schedule public hearing on May 5, 2010 at 5 p.m. for Resolution No. 2010-33, and to thereafter refer it to the Budget & Finance Committee was then put, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter. next matters are Bills for First Reading. First bill for first reading is Proposed draft Bill No. 2356. SPECIAL COUNCIL MEETING -6- March 22, 2010 BILLS FOR FIRST READING. Proposed Draft Bill No. 2356 - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 Chair Asing: Can I have a motion? Mr Kaneshiro: We have a motion to approve on first reading, we'll schedule public. Chair Asing: Public hearing. Mr Kaneshiro. hearing on May 5th? Chair Asing: Yes. Mr Kaneshiro: Is that correct? And we'll refer this. Chair Asing: At 5 p.m. Mr Kaneshiro: At 5 p.m., sorry Again, schedule public hearing on May 5th at 5 p.m. and refer this to the Budget & Finance Committee. Mr Kaneshiro moved for passage of Proposed Draft Bill No. 2356 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 5, 2010 at 5 p.m., and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr Furfaro. Chair Asing: All those in favor say, aye. I'm sorry roll call please. FOR PASSAGE. Bynum, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 6, AGAINST PASSAGE. None TOTAL - 0, EXCUSED & NOT VOTING Chang TOTAL - 1. Chair Asing: Next item please. Mr Nakamura. Next bill for first reading is Proposed Draft Bill No. 2357 Proposed Draft Bill No. 2357 - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011. Mr Bynum moved for passage of Proposed Draft Bill No. 2357 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 5, 2010 at 5 p.m., and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr Kaneshiro, and carried by the following vote: FOR PASSAGE: Bynum, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 6, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING Chang TOTAL - 1. SPECIAL COUNCIL MEETING - 7 - March 22, 2010 Chair Asing: Next item please. Mr Nakamura. Next bill for first reading is Proposed Draft Bill No. 2358. Proposed Draft Bill No. 2358 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN Mr Furfaro moved for passage of Proposed Draft Bill No. 2358 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 5, 2010 at 5 p.m., and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr Kaneshiro, and carried by the following vote: FOR PASSAGE. Bynum, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 6, AGAINST PASSAGE. None TOTAL - 0, EXCUSED & NOT VOTING Chang TOTAL - 1. Chair Asing: Next item please. Mr Nakamura. Next bill for first reading is Proposed Draft Bill No. 2359 Proposed Draft Bill No. 2359 - A BILL FOR AN ORDINANCE AMENDING SECTION 17-1.1 OF THE KAUAI COUNTY CODE 1987, RELATING TO RENEWAL FEE FOR MOTOR VEHICLE OPERATOR'S LICENSE. Mr Furfaro moved for passage of Proposed Draft Bill No. 2359 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 5, 2010 at 5 p.m., and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr Bynum, and carried by the following vote: FOR PASSAGE. Bynum, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 6, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING Chang TOTAL - 1. Chair Asing: Next item please. Mr Nakamura. Last bill for first reading is Proposed Draft Bill No. 2360. Proposed Draft Bill No. 2360 - A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4 OF THE KAUAI COUNTY CODE 1987, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES. Mr Furfaro moved for passage of Proposed Draft bill No. 2360 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 5, 2010 at 5 p.m., and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr Kaneshiro, and carried by the following vote: FOR PASSAGE. Bynum, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 6, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING Chang TOTAL - 1. Chair Asing: Next item please. SPECIAL COUNCIL MEETING -8- March 22, 2010 Mr Nakamura. Last matter is a Bill for Second Reading, Bill No. 2349 BILL FOR SECOND READING Bill No. 2349 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS-HANALEI DISTRICT (BLACK POT EXPANSION, LAND ACQUISITION - $350,000 00)• Mr Furfaro moved to adopt Bill No. 2349 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr Kaneshiro, and carried by the following vote: FOR ADOPTION Bynum, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 6, AGAINST ADOPTION None TOTAL - 0, EXCUSED & NOT VOTING Chang TOTAL - 1. ADJOURNMENT- There being no further business, the meeting was adjourned at 9:23 a.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /wa