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HomeMy WebLinkAbout 05/25/2011 ECONOMIC DEVELOPMENT AND RENEWABLE ENERGY STRATEGIES COMMITTEE Committee MeetingMINUTES ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE May 25, 2011 A meeting of the Economic Development & Renewable Energy Strategies Committee of the Council of the County of Kauai, State of Hawaii, was called to order by Councilmember Dickie Chang, Chair, at the Council Chambers, 3371-A Wilcox Road, Lihu'e, Kauai, on Wednesday, May 25, 2011, at 11:06 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang (excused at 4:15 p.m.) Honorable KipuKai Kualii (excused at 2:45 p.m.) Honorable Nadine K. Nakamura Honorable JoAnn A. Yukimura Honorable Mel Rapozo, Ex-Officio Member Honorable Jay Furfaro, Ex-Officio Member There being no objections, the Chair recessed the meeting at 11:06 a.m. The meeting was reconvened at 6:02 p.m. and proceeded as follows: Committee Chair Chang and Councilmember Kuali`i were noted as excused. Councilmember Nakamura assumed chairmanship of the meeting. The Committee proceeded on its agenda items as follows: Bill No. 2399 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE REGULATION OF BUSINESS AND TRADES (This item was deferred.) Ms. Nakamura: We're back from recess, and we have a floor amendment to the bill. Ms. Yukimura: Yes. Madam Chair, I guess...we have a quorum, because we have three members. I want to move to approve. Councilmember Yukimura moved to approve Bill No. 2399, seconded by Councilmember Bynum. Ms. Yukimura: Chair, if we could suspend the rules, so we could have Mr. Costa, who has a meeting to go to and get his testimony on amendments that I want to propose and explain later. 1 Ms. Nakamura: Okay, let's suspend the rules, and you want to provide your testimony before you have to leave, Mr. Costa. There being no objections, the rules were suspended. GEORGE COSTA: Aloha, Council Chair Furfaro and Councilmembers. For the record George Costa, director for the office of economic development. And I have reviewed the proposed amendment for the ordinance, and I have had conversations with Councilwoman Yukimura on those proposed amendments, and I agree wholeheartedly with them, and I think they are appropriate. Ms. Nakamura: Are there any questions for Mr. Costa? Mr. Bynum: No, that was really clear, wholeheartedly. Council Chair Furfaro: That is clear as greeting us with Aloha. Aloha to you too. Ms. Nakamura: Seeing that there are no questions, then we'll resume our meeting. The meeting was called back to order, and proceeded as follows: Ms. Nakamura: And Vice Chair Yukimura, would you like to describe your amendments? Ms. Yukimura: If the committee... I was thinking... Okay, with George present, yes, sure. Then I move to amend as circulated. Councilmember Yukimura moved to amend Bill No. 2399 as shown in the Floor Amendment attached hereto, seconded by Councilmember Bynum. Ms. Yukimura: And if I may, chair, explain them. Very briefly. So these amendments take the overall direction set by Councilmember, now Representative Kawakami, to allow value-added products at the sunshine market. We have honed it to achieve his specific goal to make farming more profitable where farmers are able to use their off-grades and get increased value therefrom. So we have clarified the overall purpose of this bill, that it's meant to enable the sale of produce and now the value-added products that are grown on Kauai. And we restricted value-added to farmers who are already vendors at the sunshine market. And we required that the value-added products be made from produce from their farms. And we have made it clear that all produce and sunshine value-added products have to come from produce on Kauai. And we have a two tier process of indemnifying the county. For those that are only selling fresh produce, they're...the status quo remains that they have to indemnify the county, but for those who are going to be selling value-added or honey, which we are also allowing, there is a higher level of indemnification. In fact, we're requiring them to provide certificates of insurance for $1 million policy, and including product liability insurance, and 2 thanks to our Deputy County Attorney Amy Esaki, we have pretty clear requirements about that. And I want to thank Amy and George and Christiane, our staff attorney, for their work on these amendments. And I will entertain any questions that you might have now. And Madame Chair, I wanted to suggest that we approve these amendments, but defer the bill for two weeks, so that the public will be able to review this. We have tried to keep in touch with the value-added sunshine market vendors and also with honey people, but we have been doing a lot of in-house review of the details. So I think it would be good for people to take a look at this final version of the bill. So I'm not recommending final action on the main bill today. Just that we add these amendments which give a lot of clarity, and then defer it for two weeks so the public and even Councilmembers can review it further. Ms. Nakamura: Okay. So are you making the motion to defer? Ms. Yukimura: No, we have to pass the amendment first, so then we can have a bill as amended. It will become Bill 2399 Draft 1, I believe, and then that can be circulated and reviewed, and then we can take it up at our next committee meeting, hopefully, for final action. Ms. Nakamura: June 8. Thank you. Councilmember Bynum. Mr. Bynum: Just I think that is appropriate, because there is a lot of words here. I haven't read them all, but clearly this has been in collaboration with economic development and the county attorney's office. I only have one question for now, because I think that is a good way to proceed and make this draft 1, and then defer it, so we have... and the public has time. At the very end it says, "ordinance will take effect within 120 calendar days" as opposed to "on approval." I assume that is to give the administration time to promulgate rules, if necessary, you know, get their ducks lined up, rather than having an expectation that as soon as this passes, the next week there is going to be value- added products. Right? There being no objections, the rules were suspended. Mr. Costa: We have quite a few of the administrative rules that we want to amend as well. So we'll need that process. Mr. Bynum: So I assume the consensus is within 120 days is enough. Mr. Costa: Yes, that should be. That's four months. Ms. Yukimura: You have two weeks to think about it and then get back to us. Mr. Bynum: The hesitation is so noted, and this is not final action today. 3 The meeting was called back to order, and proceeded as follows: Ms. Nakamura: So there is a motion to amend. And any further discussion? All those in favor, say aye? The motion to amend Bill No. 2399 was then put, and unanimously carried. Ms. Nakamura: So now we go back to the main motion. Ms. Yukimura: I will make a motion to defer if there is no further discussion. That will send this bill to the economic development committee meeting of June 8. Ms. Nakamura: Okay. Is there a second? Did you make the motion? Ms. Yukimura: No, I haven't. If it's in order, I will do that now. Councilmember Yukimura moved to defer Bill No. 2399 as amended herein, seconded by Councilmember Bynum, and unanimously carried. Ms. Nakamura: Okay, motion carried. Ms. Yukimura: And before you recess, maybe we should... under Minutes.. . Ms. Nakamura: Yes. Can we approve the minutes of the May 11, 2011 meeting? Minutes of the May 11, 2011 Economic Development & Renewable Energy Strategies Committee Meeting Upon motion duly made by Councilmember Bynum, seconded by Councilmember Yukimura, and unanimously carried, the Minutes was approved. There being no further business, the meeting was adjourned at 6:11 p.m. es eet submitted, Ai a sa i Legisl,~ ive Services Aide APPROVED at the ommittee Meeting held on June 29, 2011: ~~, Dickie Chang hit Economic D elopment & Renewable Energy Strategies Committee 4 (May 25, 2011) FLOOR AMENDMENT BILL NO. 2399, Relating to the Regulation of Business and Trades Introduced by: JoAnn A. Yukimura Amend Bill No. 2399 in its entirety to read as follows: (All material is new.) 2) Amend SECTION 2 to correct the citation of Section 23-3.4 to Section 23-3.8 to read as follows: "SECTION 2. Chapter 23, Section 23-3.8, Kauai County Code 1987, as amended, is hereby amended to read as follows: `Sec. 23-3.8 The Sunshine Market; Site Of. (a) Purpose. The Sunshine Markets are permitted to operate at sites provided by the County so that [selected] farm produce grown on Kauai, value-added products, locally produced honed and live farm-raised fish grown by Kauai farmers can be made available to the public at reduced prices. 1 1) Amend Bill No. 2399 by inserting a new Section 1 to read as follows, and renumber all subsequent sections accordingly: "Locally Produced Honey" means honey that has been collected from beehives on Kauai. [(b)] ~ The Director of the Office of Economic Development is authorized to select suitable areas to accommodate the Sunshine Market farmers in the sale of farm produce, value-added products, locally produced hone and live, farm-raised fish at reduced prices. The selection and opening of the site shall be left [at] to the discretion of the Director of Economic Development. (1) The Director of the Office of Economic Development, in consultation with the [Department of Public Works,] Department of Parks and Recreation, is authorized to promulgate rules and regulations relating to the area, location, number of farmers, farm produce, value-added products, locallyproduced honed and live, farm- raised fish that may be sold, insurance, cleanup, sanitation, hours of operation, traffic control, and such other safety and welfare conditions [shall continue in force until subsequent action by the Director, and shall be in addition to any other requirements established by the State]. This shall be in addition to any other relevant reauirements of State law. 2 [(2) The Director may delegate the overseeing of regulations to a representative of the farmers operating in the Sunshine Market, provided that in the event of any violation of any rule or regulation, the Director may suspend the operations for an appropriate length of time, depending on the severity and frequency of the violation.] [(c) The County shall require each individual vendor to sign a hold harmless agreement. This agreement will be drawn up by the County Attorney and would be one which releases the County from all liability.] (d} Prior to selling any product allowed under Section 23-3.8(c), each vendor shall: (e} Prior to selling any value-added product or locall~,produced honey, at any Sunshine Market, a Sunshine Market vendor shall: 3 ~) Display all required permits at vendor's Sunshine Market booth. new product in the market. (C) Failure to secure and maintain the reauired insurance shall be considered a maior breach of the privilege of selling at the Sunshine Market. Should the County be forced to expend funds that would have. been covered under the specified insurance, the vendor shall agree to reimburse the County_for such funds.., (h) Vendors at the Sunshine Markets may offer recyclable paper bays and/or reusable bags for sale to customers." (Material to be deleted is bracketed. New material to be added is underscored.) 3) Amend SECTION 5 to read as follows: "SECTION 5. This ordinance shall take effect [upon its approval.] within 120 calendar days after its approval " (Material to be deleted is bracketed. New material to be added is underscored.) V:\CS OFFICE FILES\AMENDMENTS\2010-12 term\2399fa-l.doc 4