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HomeMy WebLinkAbout10-05-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, OCTOBER 5, 2011 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Suite 201 Li -hu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. CONSENT CALENDAR: C 2011 -276 Communication (08/31/2011) from the Chief of the Wastewater Division, Department of Public Works, transmitting for Council consideration, a resolution authorizing the Mayor or the Director of Finance of the County of Kauai to enter into an intergovernmental agreement with the State of Hawaii, Department of Health, for additional construction funds through a low- interest loan from the State Water Pollution Control Revolving Fund for the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047 -04. (See Resolution No. 2011 -70) C 2011 -277 Communication (08/31/2011) from the Chief of the Wastewater Division, Department of Public Works, transmitting for Council consideration, a resolution authorizing the Mayor or the Director of Finance of the County of Kauai to enter into an intergovernmental agreement with the State of Hawaii, Department of Health, for construction funding through a low - interest loan from the State Water Pollution Control Revolving Fund from the Wailua Wastewater Treatment Plant Improvements, Phase I, Project No. C150055 -07. (See Resolution No. 2011 -71) C 2011 -278 Communication (08/31/2011) from the Chief of the Wastewater Division, Department of Public Works, transmitting for Council consideration a resolution authorizing the Mayor or the Director of Finance to enter into an intergovernmental agreement with the State of Hawaii, Department of Health, for construction funding through a low- interest loan from the State Water Pollution Control Revolving Fund for the `Ele`ele Wastewater Treatment Plant Improvements, Project No. C150050 -11. (See Resolution No. 2011 -72) Council Meeting Agenda 2 October 5, 2011 C 2011 -279 Communication (09/08/2011) from the Chief, Building Division, Department of Public Works, transmitting for Council information, the Monthly Report on Building Permit Information for the month of August 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 C 2011 -280 Communication (09/08/2011) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council consideration, a resolution adopting the principles of Zero Waste as the waste management policy for the County of Kauai. (See Resolution No. 2011 -73) C 2011 -281 Communication (09/22/2011) from the Fire Chief, transmitting for Council consideration, amendments to the Fire Code of the County of Kauai by adopting the State Fire Code and incorporating by reference the NFPA 1, Uniform Fire Code, 2006 Edition, and providing local amendments. (See Proposed Draft Bill (No. 2419) SPECIAL ORDER OF THE DAY: C 2011 -249 Communication (08/18/2011) from the Chair of the Salary Commission, transmitting for Council consideration, Salary Commission Resolution No. 2011 -1, relating to the salaries of certain officers and employees of the County of Kauai, which was adopted by the Salary Commission at its August 5, 2011 meeting. • Salary Commission Resolution No. 2011 -1 (Motion to receive failed by a vote of 3 -3 on September 27, 2011.) COMMUNICATIONS: C 2011 -256 Communication (08/26/2011) from Councilmember Yukimura, requesting Council approval, to include in the 2012 Hawaii State Association of Counties Legislative Package, a proposal to amend Chapter 196, Hawaii Revised Statutes (HRS), relating to Energy Resources, which requires solar water heating for all new single - family and duplex construction. (See CR -IGR 2011 -01; Intergovernmental Relations Committee recommended denial of C 2011 -256.) C 2011 -282 Communication (09/12/2011) from the Prosecuting Attorney, requesting Council approval of the following: (1) to apply for, receive and expend Juvenile Accountability Block Grant (JABG) Program funds in the amount of $15,685.00, and (2) to indemnify the State of Hawai`i,. Department of Human Services; to subcontract with Hale `Opio and the Kauai Teen Court Program for the term beginning January 1, 2012. Council Meeting Agenda 3 October 5, 2011 C 2011 -283 Communication (09/15/2011) from the Prosecuting Attorney, requesting Council approval of the following: (1) to apply for, receive and expend State Victim Witness Assistance Program Grant funds in the amount of $26,200.00 for the continuation of the Kauai Victim Witness Program for the term 7 -1 -2011 to 6 -30 -2012, and (2) to indemnify the State of Hawaii, Department of the Attorney General. On July 6, 2011 the Council approved funding in the amount of $20,186.00 (item C 2011 -205), but on July 19, 2011 the County of Kauai, Office of the Prosecuting Attorney's Office, was awarded an increased grant amount of $26,200.00. These funds will be expended on salaries and wages for a Victim Witness Clerk, office supplies, and two Dell computers. C 2011 -284 Communication (09/15/2011) from the Prosecuting Attorney, requesting Council approval of the following: (1) to apply for, receive and expend State Career Criminal Prosecution Program Grant funds in the amount of $80,834.00 for the continuation of the Kauai Career Criminal Prosecution Program for the term 7 -1 -2011 through 6 -30 -2012, and (2) to indemnify the State of Hawaii, Department of the Attorney General. On July 6, 2011, the Council approved funding in the amount of $61,938.00 (item C 2011 -203), but on July 9, 2011 the County of Kauai, Office of the Prosecuting Attorney, was awarded an increased grant amount of $80,834.00. These funds will be expended on salaries and wages for the Career Criminal Prosecution staff. C 2011 -285 Communication (09/15/2011) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 10, Villas at Puali, located at 4043 Puali Place, Lihu`e, Hawaii 96766, and to grant the owner a one -year waiver of the buyback to allow a market sale by the owner for a period of one year. C 2011 -286 Request (09/27/2011) from the Office of the County Attorney for authorization to expend funds up to $75,000.00 to retain special counsel to represent the County of Kauai in County of Kauai vs. Michael Guard Sheehan, et al., Civil No. 11 -1 -0098 (Condemnation), Fifth Circuit Court, and related matters. COMMITTEE REPORTS: PLANNING COMMITTEE REPORT: CR -PL 2011 -04: on Bill No. 2410 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PERMITTING PROCESS FOR TRANSIENT ACCOMMODATION UNITS [Approved as Amended.] Council Meeting Agenda 4 October 5, 2011 INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR -IGR 2011 -01: on C 2011 -256 Communication (08/26/2011) from Councilmember Yukimura, requesting Council approval, to include in the 2012 Hawaii State Association of Counties Legislative Package, a proposal to amend Chapter 196, Hawaii Revised Statutes (HRS), relating to Energy Resources, which requires solar water heating for all new single - family and duplex construction. [Motion to Approve Failed.] FINANCE /PARKS & RECREATION /PUBLIC WORKS PROGRAMS COMMITTEE REPORT: CR -FPP 2011 -09: on Bill No. 2411 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B- 2011 -732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Office of the County Clerk - .$60,000.00) [Approved.] COMMITTEE OF THE WHOLE REPORTS: CR -COW 2011 -23: on COW 2011 -09 and Communication (09/08/2011) from Council Chair Jay Furfaro, requesting the Administration's presence to discuss C 2011- 241, relating to the Fourth Quarter Reports addressing vacancies new hires, reallocations and promotions in the County. [Received for the Record.] C 2011 -241 Communication (08/08/2011) from the Director of Personnel Services, transmitting for Council information, the Fourth Quarter Reports (April — June 2011) relative to vacancies, new hires, reallocations and promotions in the County, pursuant to Section 20 of the County Budget Ordinance. [Received for the Record.] Council Meeting Agenda CR -COW 2011 -24: on C 2011 -254 RESOLUTIONS: 5 October 5, 2011 Communication (08/23/2011) from the Chair of the Charter Review Commission, requesting (1) comments from the Council regarding a proposal to amend Article XV of the Kauai County Charter, Relating to Establishing a Department of Human Resources, and (2) whether the Council endorses the transitioning of the existing Department of Personnel Services to a more comprehensive and fully functional Human Resources Department, as outlined in the proposed amendment. • Charter Amendment: Article XV of the Kauai County Charter Relating to Establishing a Department of Human Resources [Received for the Record.] Resolution No. 2011 -70, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA WASTEWATER TREATMENT PLANT EXPANSION, PHASE I, PROJECT NO. C150047-04 Resolution No. 2011 -71, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE WAILUA WASTEWATER TREATMENT PLANT IMPROVEMENTS, PHASE I, PROJECT NO. C150055 -07 Resolution No. 2011 -72, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE `ELE`ELE WASTEWATER TREATMENT PLANT IMPROVEMENTS, PROJECT NO. C150050 -11 Resolution No. 2011 -73, RESOLUTION TO ADOPT THE PRINCIPLES OF ZERO WASTE AS THE WASTE MANAGEMENT POLICY FOR THE COUNTY OF KAUAI Council Meeting Agenda 6 October 5, 2011 BILL FOR FIRST READING: Proposed Draft Bill (No. 2419) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUAI COUNTY FIRE CODE BILL FOR SECOND READING: Bill No. 2410, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PERMITTING PROCESS FOR TRANSIENT ACCOMMODATION UNITS (See CR -PL 2011 -04, Planning Committee recommended approval of Bill No. 2410 as amended to Bill No. 2410, Draft 1 on September 28, 2011.) Bill No. 2411 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B- 2011 -732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Office of the County Clerk - x'60,000.00) (See CR -FPP 2011 -09, Finance/Parks & Recreation/Public Works Programs Committee recommended approval on September 28, 2011.) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ( "H.R.S. ") §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 H.R.S. §92 -4 and shall be limited to those items described in H.R.S. §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.) ES -498 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4) and (8), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session to provide Council with a briefing regarding legal issues related to the implementation of Kauai County Charter Section 3.19 and Bill No. 2410. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 0912112011) ES -501 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kauai County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to represent the County of Kauai in County of Kauai vs. Michael Guard Sheehan, et al., Civil No. 11 -1 -0098 (Condemnation), Fifth Circuit Court, 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. Council Meeting Agenda 7 October 5, 2011 ES -502 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES -503 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES -504 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES -505 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or Council Meeting Agenda 8 October 5, 2011 evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ADJOURNMENT. NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2412 — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 20, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO UNLAWFUL CONSUMPTION, POSSESSION OR CONTROL OF INTOXICATING LIQUOR WITHIN PARKING LOTS AND GROUNDS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU`E CIVIC CENTER Bill No. 2413 — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 21, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO URINATING OR DEFECATING IN PUBLIC AREAS ADJACENT TO THE HISTORIC COUNTY BUILDING, CO UNTYANNEX AND LIHU`E CIVIC CENTER Bill No. 2414 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B -2011- 732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OFKAUA`I, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($5,600. 00 — Office of the County Clerk) Bill No. 2415 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO EXEMPTIONS FOR COMMERCIAL ALTERNATIVE ENERGY FACILITIES 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. 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. TELEPHONE NO. 241 -4188.