HomeMy WebLinkAbout 11/17/2011 11/16/2011 Council meeting follow-up letterCOUNTY COUNCIL
Jay Furfaro, Chair
JoAnn A. Yukimura, Vice Chair
Tim Bynum
Dickie Chang
KipuKai Kuali'i
Nadine K. Nakamura
Mel Rapozo
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Council Services Division
4396 Rice Street, Suite 209
Llihu'e, Kaua'i, Hawaii 96766
November 17, 2011
OFFICE OF THE COUNTY CLERK
Ricky Watanabe, Interim County Clerk
Eduardo Topenio, Jr., Deputy County Clerk
Telephone (808) 241-4188
Fax (808) 241-6349
Email cokcouncil(a)kauai.go
TO: Bernard P. Carvalho, Jr., Mayor
FROM: Jay Furfaro, Council Chair
SUBJECT: NOVEMBER 16, 2011, COUNCIL MEET
This is to inform you of the action taken by the Council at its
November 16, 2011 Council meeting and any follow-up that was requested:
C 2011-297 Communication (10/20/2011) from the Chief, Building Division,
transmitting for Council information, the Monthly Report on Building Permit
Information for the Month of September 2011, which includes the following:
1) Building Permit Processing Report
2) Building Permit Estimated Value Summary
3) Building Permits Tracking Report
4) Building Permits Status
COMMUNICATIONS:
C 2011-298 Communication (10/24/2011) from the Intergovernmental
Relations Committee Chair, requesting that Proposals to be considered and
included in the 2012 Kauai County Legislative Package be submitted and discussed
at the November 16, 2011 Council Meeting:
a) Communication (10/24/2011) from the Intergovernmental Relations
Committee Chair, requesting that the Administration submit
legislative proposals for inclusion in the 2012 Kaua'i Legislative
Package for discussion. (Received for the record and referred
the 2011 Hawaii Conference Of Mayors Bills to the
Intergovernmental Relations Committee.)
b) Communication (11/10/2011) from the Intergovernmental Relations
Committee Chair, transmitting the following:
A Proposed Draft Bill for an Act Relating to Energy
Resources (To align Chapter 196-6.5, Hawaii Revised
Statutes, with the stated intent of Act 155, SLH 2009 with
respect to variances in the law (proposed by Councilmember
JoAnn A. Yukimura; (Approved.)
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AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Follow-up Memo to the Mayor
November 17, 2011
Page 2
A Proposed Draft Resolution requesting the Legislature of
the State of Hawaii to amend Chapter 188, Hawaii Revised
Statutes, by adding a new section to be appropriately
designated Prohibiting the Sale of Aquatic Life for Aquarium
Purposes, and amending existing Section 188F-4 regarding
the West Hawai'i Regional Fishery Management Area Plan
and Section 189-11 regarding Receipts in Duplicate; and
requesting the Governor to issue a Moratorium on the
commercial take and sale of aquatic life taken for aquarium
purposes from State waters; and requesting the Hawaii
Department of Land and Natural Resources to adopt a rule(s)
prohibiting the commercial take and sale of aquatic life taken
for aquarium purposes from State waters (proposed by
Councilmember KipuKai Kuali'i); (Approved.)
A Proposed Draft Bill for an Act relating to Prohibition on
Sale of Aquatic Life for Aquarium Purposes (proposed by
Councilmember KipuKai Kuah'i). (Approved.)
C 2011-299 Communication (10/11/2011) from the Police Chief, requesting
Council approval to expend Kaua'i Police Department asset forfeiture funds for
costs associated with the initial accreditation process through the Commission on
Accreditation for Law Enforcement Agencies (C.A.L.E.A.), estimated at $35,000.00.
(Approved.)
C 2011-300 Communication (10/21/2011) from the Housing Director,
requesting Council approval of the following:
1) To sell the residential property situated at 9661-A Haina Street,
Waimea, Hawaii 96796, Tax Map Key (4) 1-2-008-007-0002, at an
affordable leasehold sale price of $213,000.00 or the leasehold
appraised value, whichever is lower. This property was developed
utilizing Neighborhood Stabilization Program (NSP) funds, which
restricts sales to individuals on the Affordable Housing Waithst
and are 120% and below the Kaua'i Median Household Income.
2) To authorize the Interim County Clerk or its designee to sign all
legal documents related to the sale of this property.
(Approved.)
C 2011-301 Communication (10/24/2011) from the Fire Chief, requesting
Council approval to accept the donation of two (2) jet skis, a rescue sled and a
trailer from the Kaua'i Lifeguard Association (KLA), valued at approximately
$24,000.00. (Approved with thank-you letter to follow.)
Council Meeting Follow-up Memo to the Mayor
November 17, 2011
Page 3
C 2011-302 Communication (10/31/2011) from the Prosecuting Attorney,
requesting Council approval of the following:
1) To apply, receive and expend federal funds in the amount of
$106,000.00 from the FY 2010 Edward Byrne Memorial Justice
Assistance Grant (JAG), to continue the Drug Prosecution Unit for
the period February 1, 2012 to January 31, 2013, and
2) To indemnify the State of Hawaii, Department of the Attorney
General.
(Approved.)
C 2011-303 Communication (10/31/2011) from the Prosecuting Attorney,
requesting Council approval to apply, receive and expend $10,000.00 from the New
Dawn Community Grant, to purchase supplies for activities associated with the
community diversion program Project P.O.H.A.K.U. (Productive Optimism Helps
All Kaua'i Unite). (Received for the record.,)
C 2011-304 Communication (10/31/2011) from the Prosecuting Attorney,
requesting Council approval of the following:
1) To apply, receive and expend federal funds in the amount of
$96,500.00 from the FY 2010 Edward Byrne Memorial Justice
Assistance Grant (JAG), to create a Cold Case Unit with the Kaua'i
Police Department, to commence January 1, 2012 to
December 31, 2012, and
2) To indemnify the State of Hawaii, Department of the Attorney
General.
(Received for the record.)
C 2011-305 Communication (10/31/2011) from the Prosecuting Attorney,
requesting Council approval of the following:
1) To apply, receive and expend federal funds in the amount of
$47,927.00 from the S.T.O.P. Violence Against Women Grant, to
continue the Domestic Violence Prosecution Unit for the term
commencing November 1, 2011 to October 31, 2012, and
2) To indemnify the State of Hawaii, Department of the Attorney
General.
(Approved.)
C 2011-306 Communication (11/01/2011) from the Executive on Aging,
requesting Council approval to receive and expend a donation of $500.00 from the
Kaua'i Filipino Chamber of Commerce to be used for the Better Choices, Better
Health workshops sponsored through the Agency on Elderly Affairs. (Approved
with thank-you letter to follow.)
C 2011-307 Request (11/09/2011) from the Office of the County Attorney for
authorization to expend additional funds up to $10,000.00 to enable special
counsel's continued representation in Kathleen M. Ah Quin vs. County of Kauai,
Department of Transportation, et al., Civil No. CV08-00507 JMS BMK, U.S. District
Court, and related matters. (Deferred.)
Council Meeting Follow -up Memo to the Mayor
November 17, 2011
Page 4
C 2011 -308 Communication (11/10/2011) from HSAC President Mel Rapozo,
transmitting for Council approval for inclusion in the 2012 Hawaii State
Association of Counties (HSAC) Legislative Package, proposals approved by its
Executive Committee as follows:
1) Proposed Bill for an Act Relating to Traffic Infractions (Provides the
Counties with a percentage of fines for uncontested traffic
infractions; County of Maui Proposal); (Approved.)
2) Proposed Bill for an Act Relating to Housing (Increases the time for
review of affordable housing projects submitted pursuant to Section
201H -38, Hawaii Revised Statutes; County of Maui Proposal);
(Approved.)
3) Proposed Bill for an Act Relating to Food Labeling (Requires the
labeling of genetically engineered food products; County of Maui
Proposal); (Referred to the Intergovernmental Relations
Committee.)
4) Proposed Bill for an Act Relating to Agricultural Product Branding
and Country or Region of Origin Labeling (County of Hawaii
Proposal); (Approved.)
5) Proposed Bill for an Act Relating to Gallonage Tax on Liquor
(Amends Chapter 244D, Section 244D -4, Hawaii Revised Statutes,
relating to increasing the gallonage tax on liquor; County of Hawai.`i
Proposal); (Referred to the Intergovernmental Relations
Committee.)
6) Proposed Bill for an Act Relating to the Employees' Retirement
System (Provides the Counties with representation on the Board of
Trustees of the Employees' Retirement System - City and County of
Honolulu Proposal); (Approved.)
7) Proposed Bill for an Act Relating to the Employer -Union Health
Benefits Trust Fund (H.B. NO. 175, H.D. 2 (2011); City and County
of Honolulu Proposal); (Approved.)
8) Proposed Bill for an Act Relating to Adult Residential Care Homes
(Requires publication of notice and holding a public hearing for
applications for a Type II Residential Care Home; City and County
of Honolulu Proposal); (Failed.)
9) Proposed Bill for an Act Relating to Collective Bargaining (Creates
a new bargaining unit for Water Safety Officers employed by_ the
State or Counties - City and County of Honolulu - Proposal); --
(Referred to the Intergovernmental Relations Committee.)
10)Proposed Bill for an Act Relating to Liability (Provides the Counties
with liability protection for natural conditions on or near public
beach parks - City and County of Honolulu Proposal); (Approved.)
Council Meeting Follow-up Memo to the Mayor
November 17, 2011
Page 5
11)Proposed Resolution urging the United States Government to
reimburse the City and County of Honolulu, Hawaii County, Kaua'i
County and Maui County, for all costs relating to the Asia Pacific
Economic Cooperation Leaders meeting (City and County of
Honolulu proposal); (Failed.)
12)Proposed Resolution urging the United States Department of State,
the Department of Homeland Security, and the United States
Attorney General to ease Visa restrictions for the People's Republic
of China (City and County of Honolulu proposal); (Referred to the
Intergovernmental Relations Committee.)
13)Proposed Resolution urging the legislature of the State of Hawaii
to provide funding for any activities mandated to any of the
Counties by the State of Hawaii (City and County of Honolulu
proposal); (Failed.)
14)Proposed Resolution urging the Governor and the Legislature of the
State of Hawaii to preserve the Counties' share of the Transient
Accommodations Tax (City and County of Honolulu proposal).
(Approved.)
C 2011-309 Communication (11/10/2011) from HSAC President Mel Rapozo,
transmitting for Council approval, Resolutions from the Hawaii State Association
of Counties (HSAC), approved by its Executive Committee, to be considered by the
State House and Senate during the 2012 Legislative Session as follows:
1) Resolution requesting the State Legislature to adopt House
Bill 1521 (HB 1521) relating to an amendment to Chapter 339D,
Hawaii Revised Statutes, regarding electronic waste recycling
(County of Hawaii proposal); (Approved.)
2) Resolution requesting that the Hawaii State Department of Health
amend Hawaii Administrative Rules, Title 11, Chapter 62,
§11-62-06, General Requirements, to establish up to a ten-year
exemption period to connect to a public or private sewer system
after installation of an individual wastewater system (County of
Hawaii proposal). (Referred to the Intergovernmental
Relations Committee.)
LEGAL DOCUMENTS:
C 2011-310 Communication (11/02/2011) from the Police Chief,
recommending Council approval of the following from the Hawaii Army National
Guard:
Memorandum of Understanding to use facilities and property
located in Building 1, Room 101, 1-3460 Kaumuali'i Highway,
Hanap6p6, Hawaii 96716 on the island of Kaua'i, temporarily as a
"mini-station" for the Kauai Police Department officers, from
December 1, 2011 until December 1, 2013. (Approved.)
Council Meeting Follow-up Memo to the Mayor
November 17, 2011
Page 6
Use Permit L1512-002 granting access to and use of Room 101 in
the Hawaii Army National Guard Hanap6p6 Armory located at
1-3460 Kaumuali'i Highway, on the island of Kaua'i, as a satellite
workplace for Kaua'i Police Department officers, for a period of two
years. (Approved.)
141F.11101 -
C2011-311 Communication (10/26/2011) from the Interim County Clerk,
transmitting a claim filed against the County of Kaua'i by MonicaKa'auwai for
damage to her personal property, pursuant to Section 23.06, Charter of the County
of Kaua'i: (Referred to the County Attorney's Office for disposition and/or
report back to the Council.)
C 2011-312 Communication (10/28/2011) from the Interim County Clerk,
transmitting a claim filed against the County of Kaua'i by Brenda V. Braun for
damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua'i:
(Referred to the County Attorney's Office for disposition and/or report
back to the Council.)
COMMITTEE REPORTS: APPROVED.
BILL FOR SECOND READING:
Bill No. 2416, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAX (For the Tax Year 2012) (Approved as Amended to Bill
No. 2416, Draft 2.)
Thank you for following up as appropriate, including confidential routing to
any appropriate parties, and please do not hesitate to contact me or Council
Services staff if you need further information. Please note that this memo presents
a summary of the action taken, and reference should be made to the official minutes
for a complete record.
Copy: Council
via e-mail: KCT Department Heads
KCT CCs
Staff