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HomeMy WebLinkAbout12-01-2011 Council Agenda (ds)COUNCIL MEETING NOTICE and AGENDA THURSDAY, DECEMBER 1, 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: Council Meeting of September 21, 2011 Special Council Meeting of September 27, 2011 Council Meeting of October 5, 2011 Council Meeting of October 19, 2011 Special Council Meeting of November 7, 2011 Special Council Meeting of November 14, 2011 Special Council Meeting of November 21, 2011 Public Hearing of November 16, 2011 re: Bills Nos. 2420 and 2421 CONSENT CALENDAR: C 2011 -313 Communication (10/25/2011) from the Housing Director, transmitting for Council information, the final copy of the County of Kaua`i's Consolidated Annual Performance and Evaluation Report (CAPER), reporting period July 1, 2010 through June 30, 2011. (Copy of Report on file in the County Clerk's Office.) 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 Council Meeting Agenda -2- December 1, 2011 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 Kauai. (See Proposed Draft Bill (No. 2423)) C 2011 -316 Communication (11/22/2011) from the Council Chair, transmitting for Council consideration, a Resolution establishing the County of Kauai 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. (See Resolution No. 2011 -77) 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. Ali Quin vs. County of Kauai, Department of Transportation, et al., Civil No. CV08 -00507 JMS BMK, U.S. District Court, and related matters. (Deferred 11/16/2011) 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 Maui Proposal) [Approved at the 11/23/2011 Committee Meeting.]; (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) [Approved at the 11/23/2011 Committee Meeting.]; (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) [Approved at the 11/23/2011 Committee Meeting.] Council Meeting Agenda -3- December 1, 2011 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). [Approved at the 11/23/2011 Committee Meeting.] C 2011 -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 Kauai Lifeguard Association. C 2011 -318 Communication (11/04/2011) from the Director of Parks & Recreation, requesting Council approval to accept a donation of one hundred dollars ($100.00) from Sam Lee to fund activities at the Kekaha Neighborhood Center. 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). Council Meeting Agenda -4- December 1, 2011 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. 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 Kauai Police Department. The program will commence on January 1, 2012 to December 31, 2012. 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) 2. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM (County Representation on ERS Board of Trustees — HB174,HD1 and SB1029) 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) 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 Kauai. C 2011 -324 Communication (11/17/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kauai by Michael G. Sheehan for damages to his property, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda -5- December 1, 2011 COMMITTEE REPORTS: PLANNING COMMITTEE REPORT: CR -PL 2011 -06: on PL 2011 -03 CR -PL 2011 -07: on Bill No. 2420 CR -PL 2011 -08: on Bill No. 2421 Communication (10/13/2011) from Committee Chair Nakamura, requesting agenda time for Garrett Johnson, IT Analyst, to present and discuss the use of The County of Kauai Geographic Information System (GIS) within the Planning Department. [Received for the record.] 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.] 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.] ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE REPORT: CR -EDR 2011 -08: on Bill No. 2415, Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO EXEMPTIONS FOR COMMERCIAL ALTERNATIVE ENERGY FACILITIES [Approved as amended.] PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT: CR -PSE 2011 -11: on 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 [Approved as amended.] Council Meeting Agenda -6- December 1, 2011 INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR -IGR 2011 -03: on IGR 2011 -04 Communication (11/17/2011) from Council Vice Chair Yukimura, requesting agenda time regarding a Proposed Bill For An Act CR -IGR 2011 -04: on C 2011 -308 Relating To Gallonage Tax on Liquor (amends Chapter 244D, Section 244D -4) for consideration and inclusion in the 2012 Kauai County Legislative Package. [Motion to approve failed.] 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 Maui 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 Hawaii Proposal) [Received for the record.]; (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) [Approved.]; (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) [Approved.] Council Meeting Agenda -7- December 1, 2011 CR -IGR 2011 -05: on IGR 2011 -03 Communication (11/15/2011) from the Managing Director, transmitting for Council information, a listing of HCOM (Hawai`i County of Mayors) Carryover Bills as follows: 1) Appointment of County Liquor Administrators (HB587, HD2 and SB1102) Authorizes each County's liquor commission to appoint and remove their respective liquor administrator, unless otherwise prescribed by their respective county charter. [Motion to approve failed.] 2) Appointment of County Personnel Directors (HB588 and SB1103) Authorizes the Counties to appoint their respective personnel director pursuant to their respective charter. [Received for the record.] 3) ERS Segregation of Teachers (HB589 and S131104) Segregates teachers from all other employees for determination of employer normal cost, accrued liability contributions, and annual contributions by the State and Counties. [Approved.] 4) County Representation on ERS Board of Trustees (HB174, HD1 and SB 1029) Increases the number on the ERS board of trustees from 8 to 10; Establishes County representation on the ERS board of directors. and 5) Representation on EUTF Board of Trustees (HB175, HD2 and SB 1030) Requires one of the members of the EUTF Board of Trustees to be appointed by agreement of the Mayors of the four Counties and approved by HSAC; Permits the Governor to fill the vacancy should it not be filled within sixty days. [Approved.] Council Meeting Agenda CR -IGR 2011 -06: on C 2011 -309 -8- December 1, 2011 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). [Approved.] FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORT: CR -FPP 2011 -15: on FPP 2011 -07 RESOLUTIONS: Communication (9/30/2011) from Committee Chair Bynum, requesting the presence of Larry Dill, County Engineer, to provide: (1) An update on the County's FY 2011 -2012 CIP projects; (2) Discuss the effectiveness of the Project Initiation Document (PID's) system; and (3) Provide an overview of how CIP projects are currently being "tracked and managed." [Received for the record.] Resolution 2011 -77, RESOLUTION ESTABLISHING THE COUNTY OF KAUAI RESERVE FUND AND RESERVE FUND POLICY 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 Council Meeting Agenda -9- December 1, 2011 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 (See CR -EDR 2011 -08, Economic Development & Renewable Energy Strategies Committee recommended Approval as amended to Draft 2 on November 23, 2011) 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 (See CR -PSE 2011 -08, Public Safety & Environmental Services Committee recommended Approval as amended to Draft 1 on November 23, 2011) 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) (See CR -PL 2011 -07, Planning Committee recommended Approval on November 23, 2011) 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 (See CR -PL 2011 -08, Planning Committee recommended Approval on November 23, 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 -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. (Deferred 11/16/2011) Council Meeting Agenda -10- December 1, 2011 ADJOURNMENT. 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, L1HU`E, KAUAI. TELEPHONE NO. 241 -4188.