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Home My WebLink About 12/02/2011 12/01/2011 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 Ricky Watanabe, Interim County Clerk Eduardo Topenio, Jr., Deputy County Clerk Council Services Division 4396 Rice Street, Suite 209 L Kaua'i, Hawaii 96766 Telephone (808) 241-4188 Fax (808) 241-6349 Email cokcouncil(a MEMORANDUM December 2, 2011 To: Bernard P. Carvalho, Jr., Mayor From: Jay Furfaro, Council Chair ....... . . . . . . Re: DECEMBER 1, 201 COUNCIL MEET This is to inform you of the action taken by the Council at its December 1, 2011 Council Meeting and any follow-up that was requested: C 2011-313 Communication (10/25/2011) from the Housing Director, transmitting for Council information, the final copy of the County of KauaTs Consolidated Annual Performance and Evaluation Report (CAPER), reporting period July 1, 2010 through June 30, 2011. (Received for the record.) C 2011-314 Communication (11/10/2011) from the Chief, Building Division, transmitting for Council information, the Monthly Report on Building Permit Information for the Month of October 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 (Received for the record.) C 2011-315 Communication (11/02/2011) from the Planning Director, transmitting for Council consideration, the Public Access, Open Space & Natural Resources Preservation Fund Commission's recommendation to amend Chapter 6, Article 14, Kauai County Code 1987, as amended, to improve the Commission's operational efficiencies and to bring the scope of the Commission's duties and responsibilities into alignment with the citizens of the County of KauaT (Received for the record.) C 2011-316 Communication (11/22/2011) from the Council Chair transmitting for Council consideration, a Resolution establishing the County of Kaua'i Reserve Fund and Reserve Fund Policy which was included as a provision within the Operating Budget Ordinance (No. B-2011-732) for Fiscal Year 2011- 2012. (Received for the record.) AN EQUAL OPPORTUNITY EMPLOYER G40�_-,3 Council Meeting Follow-up Memo to the Mayor December 2, 2011 Page 2 COMMUNICATIONS: 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 Kaua'i, Department of Transportation, et al., Civil No. CV08-00507 JMS BMK, U.S. District Court, and related matters. (Approved as Amended from $10,000.00 to $15,000.00.) 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: (3) Proposed Bill for an Act Relating to Food Labeling (Requires the labeling of genetically engineered food products; County of Maul Proposal) (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) (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 (Approved.) and County of Honolulu proposal) 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: (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). (Motion to approve, failed.) C2011-317 Communication (11/03/2011) from the Fire Chief, requesting Council approval to accept the donation of three (3) All Terrain Vehicles (ATV) and three (3) Rescue Sleds valued at $27,146.66 from the Kaua'i Lifeguard Association. (Approved with thank-you letter to follow.) AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor December 2, 2011 Page 3 C 2011-318 Communication (11/04/2011) from the Director of Parks & Recreation, requesting Council approval to accept a donation of one hundred dollars ($10,0.00) from Sam Lee to fund activities at the Kekaha Neighborhood Center. (Approved with thank-you letter to follow.) I C 2011-319 Communication (11/08/2011) from Theodore Daligdig, III, Civil Defense Manager, requesting Council approval to receive and expend $600,000.00 from the U.S. Department of Homeland Security, via State Civil Defense, for the following programs: ® FY 2011 State Homeland Security Program: 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 involving the use of chemical, biological, radiological, nuclear and explosive weapons and cyber attacks, in addition to day-to-day all- hazards scenarios ($575,075.00). ® FY 2011 Citizen Corps Program: Continue to provide support to Citizen Corps Councils with planning, outreach, and management of Citizen Corps programs and activities such as Community Emergency Response Teams and Neighborhood Watch ($24,925.00). (Approved.) C 2011-320 Communication (11/18/2011) from the Mayor, requesting Council approval to accept a donation of a piece of artwork valued at $3,000.00 by Mr. Blaise Domino, a renowned artist of historical maps and a Hawaii County resident. (Approved with thank-you letter to follow.) C 2011-321 Communication (11/21/2011) from the Prosecuting Attorney, requesting Council approval to apply, receive and expend federal funds for the Cold Case Unit in the amount of $96,500.00, and approval to indemnify the State of Hawaii, Department of the Attorney General. Grant funds will be utilized to create a Cold Case unit with the Kaua'i Police Department. The program will commence on January 1, 2012 to December 31, 2012. (Approved.) C 2011-322 Communication (11/25/2011) from the Intergovernmental Relations (IGR) Committee Chair, requesting Council approval for the following Proposals approved by the IGR Committee on November 23, 2011, relating to the listing of Hawaii County of Mayors (HCOM) carry over bills that were taken in seriatim to be included in the 2012 Kauai County Legislative Package. 1. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM (ERS Segregation of Teachers — HB589 and SB1104) AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor December 2, 2011 Page 4 2. A BILL FOR EMPLOYEES' Representation on and SB1029) AN ACT RELATING TO THE RETIREMENT SYSTEM (County ERS Board of Trustees — HB174,HD1 3. A BILL FOR AN ACT RELATING TO THE EMPLOYER- UNION HEALTH BENEFITS TRUST FUND (County Representation on EUTF Board of Trustees — HB175,HD2 and SB1030) (Approved.) CLAIMS: C 2011-323 Communication (11/17/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kauai by Christy Michioka 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.) C 2011-324 Communication (11/17/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kaua'i by Michael G. Sheehan for damages to his 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.) RESOLUTIONS: Resolution 2011-77, RESOLUTION ESTABLISHING THE COUNTY OF KAUAI RESERVE FUND AND RESERVE FUND POLICY (Approved as Amended, to Resolution No. 2011-77, Draft 1.) BILL FOR FIRST READING: Proposed Draft Bill (No.2423) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 6, ARTICLE 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION FUND (Approved on 1st reading; Public Hearing Scheduled for January 11, 2012 and referred to the Planning Committee.) BILLS FOR SECOND READING:_. Bill No. 2415, Draft 2 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO EXEMPTIONS FOR COMMERCIAL ALTERNATIVE ENERGY FACILITIES (Approved.) AN EQUAL OPPORTUNITY ENIPLOYER Council Meeting Follow-up Memo to the Mayor December 2, 2011 Page 5 Bill No. 2419, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUAI COUNTY FIRE CODE (Approved.) Bill No. 2420 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Clarifying farm worker housing permitting requirements) (Approved as Amended to Bill No. 2420, Draft 1.) Bill No. 2421 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 24 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, FOR THE IMPOSITION OF CIVIL FINE AUTHORITY FOR THE COUNTY OF KAUAI PLANNING DEPARTMENT (Approved as Amended to Bill No. 2421, Draft 1.) 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 AN EQUAL OPPORTUNITY EMPLOYER