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HomeMy WebLinkAbout11-16-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, NOVEMBER 16, 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. MINUTES of the following meetings of the Council: Special Council Meeting of October 25, 2011 Council Meeting of November 2, 2011 Public Hearing of November 2, 2011 re: Bill No. 2419 CONSENT CALENDAR: 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 Kauai Legislative Package for discussion. 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, Council Meeting Agenda -2- November 16, 2011 SLH 2009 with respect to variances in the law (proposed by Councilmember JoAnn A. Yukimura; 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 Hawaii 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); • A Proposed Draft Bill for an Act relating to Prohibition on Sale of Aquatic Life for Aquarium Purposes (proposed by Councilmember KipuKai Kuali`i). C 2011 -299 Communication (10/11/2011) from the Police Chief, requesting Council approval to expend Kauai 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. 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 Waitlist and are 120% and below the Kauai 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. 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 Kauai Lifeguard Association (KLA), valued at approximately $24,000.00. Council Meeting Agenda -3- November 16, 2011 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. 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 Kauai Unite). 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 Kauai Police Department, to commence January 1, 2012 to December 31, 2012, and 2) To indemnify the State of Hawaii, Department of the Attorney General. 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. 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 Kauai Filipino Chamber of Commerce to be used for the Better Choices, Better Health workshops sponsored through the Agency on Elderly Affairs. Council Meeting Agenda -4- November 16, 2011 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. 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); 2) Proposed Bill for an Act Relating to Housing (Increases the time for review of affordable housing projects submitted pursuant to Section 20111-38, Hawaii Revised Statutes; County of Maui Proposal); 3) Proposed Bill for an Act Relating to Food Labeling (Requires the labeling of genetically engineered food products; County of Maui Proposal); 4) Proposed Bill for an Act Relating to Agricultural Product Branding and Country or Region of Origin Labeling (County of Hawaii Proposal); 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 Hawaii Proposal); 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); 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); 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); 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); Council Meeting Agenda -5- November 16, 2011 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); 11) Proposed Resolution urging the United States Government to reimburse the City and County of Honolulu, Hawaii County, Kauai County and Maui County, for all costs relating to the Asia Pacific Economic Cooperation Leaders meeting (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 and County of Honolulu proposal); 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); 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). (Copy on file in the County Clerk's Office.) 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); 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). 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: Council Meeting Agenda -6- November 16, 2011 Memorandum of Understanding to use facilities and property located in Building 1, Room 101, 1 -3460 Kaumuali`i Highway, Hanapepe, Hawaii 96716 on the island of Kauai, temporarily as a "mini- station" for the Kauai Police Department officers, from December 1, 2011 until December 1, 2013. • Use Permit L1512 -002 granting access to and use of Room 101 in the Hawaii Army National Guard Hanapepe Armory located at 1 -3460 Kaumuali`i Highway, on the island of Kauai, as a satellite workplace for Kauai Police Department officers, for a period of two years. CLAIMS: C 2011 -311 Communication (10/26/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kauai by Monica Ka`auwai for damage to her personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -312 Communication (10/28/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kauai by Brenda V. Braun for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PLANNING COMMITTEE REPORT: CR -PL 2011 -05: on PL 2011 -02 Communication (11/3/2011) from Committee Chair Nakamura, requesting agenda time for Diane Zachary, President and CEO, Kauai Planning & Action Alliance, to provide a summary presentation on their "Measuring What Matters — Community Indicators Report 2010," and to discuss the areas of focus, including Kaua`i's economic and business climate, public education, neighborhood and community health, civic engagement, our natural environment, land use and rural character, and culture and arts. [Received for the record.] INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR -IGR 2011 -02: on IGR 2011 -02 Communication (10/14/2011) from Council Vice Chair Yukimura, requesting agenda time to request support of proposed amendments to Chapter 196, Hawaii Revised Statutes, Relating to Energy Resources (Act 204, SLH 2008) for inclusion in the 2012 Kauai County Legislative Package. [Approved as amended.] Council Meeting Agenda -7- November 16, 2011 FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORTS: CR -FPP 2011 -13: on FPP 2011 -08 Communication (10/24/2011) from Committee Chair Bynum requesting the presence of Larry Dill, County Engineer, to provide an update on the repairs to the Hanapepe Pedestrian Access Bridge. [Received for the record.] CR -FPP 2011 -14: on Bill No. 2416 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.] 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) (See CR -FPP 2011 -14, Finance/Parks & Recreation/Public Works Programs Committee recommended approval as amended.) 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 -513 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4), (6) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council with a briefing on Kathleen M. Ah Quin v. County of Kauai, Department of Transportation, et al., Civil No. 08 -00507 JMS BMK, U.S. District Court, and related matters. This 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. ES -514 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and request for authority to settle the claim filed against the County by EAN Holdings, Inc. on July 25, 2011, and related matters. This 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 -8- November 16, 2011 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. 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) 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 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.