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Home My WebLink About 07/01/2015 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JULY 1, 2015 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS R HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 '15 JUN 25 pj 1 :38 A. MEETING CALLED TO ORDER. Gr ICE 0 THE CO.TTY r; B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. May 19, 2015 Council Meeting 2. May 19, 2015 Public Hearing re: Bill No. 2587 3. June 3, 2015 Special Council Meeting 4. June 10, 2015 Public Hearing re: Bill No. 2588 E. CONSENT CALENDAR: 1. C 2015-183 Communication (06/10/2015) from the County Engineer, transmitting for Council consideration, a Resolution establishing a maximum speed limit of twenty miles per hour (20 MPH) along Akekeke Road and a portion of Ulili Road, Kekaha, Waimea District, County of Kaua`i, State of Hawai`i. (See Resolution No. 2015-49) 2. C 2015-184 Communication (06/23/2015) from Council Chair Rapozo, transmitting for Council consideration, a Resolution establishing a county manager-council sub-committee of the Committee of the Whole to obtain information regarding the county manager-council form of municipal government. (See Resolution No. 2015-50) F. COMMUNICATIONS: 1. C 2015-181 Communication (06/05/2015) from Council Chair Rapozo, requesting Council consideration, for the public release of the following County Attorney opinion relating to Bill No. 2589 (Recovery of Rescue Expenses): • County Attorney Opinion dated May 27, 2015 (Tracking No. 15-0441) (Deferred June 17, 2015) COUNCIL MEETING AGENDA 2 JULY 1, 2015 2. C 2015-185 Communication (06/08/2015) from the Fire Chief, requesting Council approval to accept a donation of two (2) Training Automatic External Defibrillators (AED) and two (2) Middle School Cardio-Pulmonary Resuscitation (CPR) Training Kits from the Hawai`i Heart Foundation, for a total value of $2,060, to be used in the island-wide training of middle school students. 3. C 2015-186 Communication (06/09/2015) from Council Chair Rapozo, requesting the presence of the Managing Director to discuss the Audit of Cash Management Practices that was prepared by the Office of the County Auditor, and to respond to the various findings and recommendations cited in the aforementioned Audit. G. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2015-10: on PWPR 2015-02 Communication (06/08/2015) from Committee Chair Kagawa, requesting the presence of the County Engineer and the Environmental Services Management Engineer, to provide a briefing on the new hours of operation at all County refuse transfer stations and the rationale for the modification of operating hours. [Received for the Record.] 2. PLANNING COMMITTEE: a. CR-PL 2015-13: on Bill No. 2576, Draft 1 A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING, DEVELOPMENT PLANS, AND FUTURE GROWTH AREAS FOR THE SOUTH KAUAI PLANNING DISTRICT, AND ESTABLISHING EXCEPTIONS, MODIFICATIONS, AND ADDITIONS TO CHAPTER 8 AND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED [Approved Bill No. 2576, Draft 1 with amendments made to the South Kaua`i Community Plan Booklet (currently dated 2014) as referenced in Bill No. 2576, Draft 1.1 COUNCIL MEETING AGENDA 3 JULY 1, 2015 b. CR-PL 2015-14: on PL 2015-01 Communication (05/07/2015) from Council Chair Rapozo, requesting the presence of the Planning Director and the County Attorney, to explain the process that occurs before and after the Public Access, Open Space, Natural Resources Preservation Fund Commission selects properties for acquisition, including a detailed summary of the Commission's current priorities; and the Eminent Domain process, and how it relates to the Commission's process and the acquisition of properties. [Received for the Record.] 3. COMMITTEE OF THE WHOLE: a. CR-COW 2015-07: on Resolution No. 2015-44, Draft 2 RESOLUTION URGING HAWAII'S CONGRESSIONAL DELEGATION TO ADDRESS EXCESSIVE CAMPAIGN SPENDING BY PROPOSING AND PASSING AMENDMENTS CLARIFYING THAT CORPORATIONS ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS, IN PARTICULAR ELECTORAL RIGHTS, AND THAT UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH [Approved as Amended.] H. RESOLUTIONS: 1. Resolution No. 2015-44, Draft 3 — RESOLUTION URGING HAWAII'S CONGRESSIONAL DELEGATION TO ADDRESS EXCESSIVE CAMPAIGN SPENDING BY PROPOSING AND PASSING AMENDMENTS CLARIFYING THAT CORPORATIONS ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS, IN PARTICULAR ELECTORAL RIGHTS, AND THAT UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH COUNCIL MEETING AGENDA 4 JULY 1, 2015 2. Resolution No. 2015-49 — RESOLUTION REPEALING ITEMS NO. THREE (3) AND NO. FORTY (40) IN SECTION XVI OF RESOLUTION NO. 54-91, RELATING TO THE TWENTY-FIVE MILES PER HOUR (25 MPH) SPEED LIMIT ALONG AKEKEKE ROAD AND ALONG A PORTION OF ULILI ROAD, AND ESTABLISHING A MAXIMUM SPEED LIMIT OF TWENTY MILES PER HOUR (20 MPH) ALONG AKEKEKE ROAD AND A PORTION OF ULILI ROAD, WAIMEA DISTRICT, COUNTY OF KAUAI, STATE OF HAWAII 3. Resolution No. 2015-50 — RESOLUTION TO ESTABLISH A COUNTY MANAGER-COUNCIL SUB-COMMITTEE OF THE COMMITTEE OF THE WHOLE TO OBTAIN INFORMATION REGARDING THE COUNTY MANAGER-COUNCIL FORM OF MUNICIPAL GOVERNMENT I. BILL FOR SECOND READING: 1. Bill No. 2576, Draft 1 — A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING, DEVELOPMENT PLANS, AND FUTURE GROWTH AREAS FOR THE SOUTH KAUAI PLANNING DISTRICT, AND ESTABLISHING EXCEPTIONS, MODIFICATIONS, AND ADDITIONS TO CHAPTER 8 AND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED (See CR-PL 2015-13; the Planning Committee Approved Bill No. 2576, Draft 1 with amendments made to the South Kauai Community Plan Booklet (currently dated 2014) as referenced in Bill No. 2576, Draft 1.) J. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §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 HRS§92-4 and shall be limited to those items described in HRS §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.) 1. ES-806 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2) and (4), and Kauai County Charter Section 3.07(E), the Kaua`i County Council requests an Executive Session with the County Attorney pertaining to the hiring of an Interim County Auditor and/or County Auditor and to consult with the County's legal counsel. This Executive Session pertains to the hiring of an Interim County Auditor and/or County Auditor where consideration of matters affecting privacy will be involved as they relate to this agenda item. COUNCIL MEETING AGENDA 5 JULY 1, 2015 2. ES-807 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a) (2) and (4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an Executive Session with the County Council to provide a briefing, discussion, and consultation on issues pertaining to Bill No. 2589, relating to recovery of rescue expenses, and related matters. 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. K. ADJOURNMENT. L. PUBLIC HEARING NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for a public hearing on the following. After the public hearing, the Council will reconvene to complete any unfinished business. [*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] For a copy of the notice,please go to: http://www.kauai.¢ov/Government/CountvCouncil/PublicHearin¢NoticesandMinutes/tobid/599/Detault.aspx 1. Bill No. 2589—A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 13, SECTIONS 13.1 AND 13.2, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE RECOVERY OF RESCUE EXPENSES M. 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, HAWAII 96766. TELEPHONE NO. (808) 241-4188. FACSIMILE NO. (808) 241-6349. *TO VIEW MEETINGS OR MEETING ARCHIVES, PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.