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HomeMy WebLinkAbout08/17/2011 Regular Council MeetingCOUNCIL MEETING August 17, 2011 The Council Meeting of the Council of the County of Kaua'i was called to order by Council Chair Furfaro at the Council Chambers, 3371 -A Wilcox Road, Lihu'e, Kaua'i, on Wednesday, August 17, 2011 at 9:19 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali'1 Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro, Council Chair APPROVAL OF THE AGENDA: Mr. Chang moved for approval of the agenda as circulated, seconded by Ms. Yukimura, and unanimously carried. MINUTES of the following meetings of the Council: Council Meeting of July 6, 2011 Mr. Bynum moved for approval of the minutes as circulated, seconded by Ms. Yukimura, and unanimously carried. Council. Chair Furfaro: Thank you. We are now going into a particular area that is relatively new to our rules. Our rules now allow for a Consent Calendar items that are routinely approved or received. And under the new rules, we can do as such. So it appears on your agenda as the Consent Calendar. CONSENT CALENDAR: Council Chair Furfaro: I would like to make a note. I would like to remove item C 2011 -234 and this is at the request of George Costa, who is in Honolulu, and he will be having this resurface on the calendar for the purposes of giving us an update on the agreement as well as he wants to give us an update on APEC. So I'm going to ask first to have a motion to defer item C 2011 -234. C 2011 -234 Communication (08/05/2011) from the Mayor, transmitting for Council consideration, a proposal to enter into a sister -city relationship with Iwaki City, Japan. Mr. Bynum: So moved. Mr. Kuali`i: Second. Council Chair Furfaro: Thank you. Then the balance of the consent calendar... excuse me. Thank you. It's my Waianae accent. This is a refer, not a defer, okay? So everybody, may I ask for a motion again to refer? COUNCIL MEETING - 2 - August 17, 2011 Mr. Bynum moved to remove C 2011 -234 from the Consent Calendar and to refer it to the Special Council Meeting on August 24, 2011, seconded by Mr. Kuali`i, and unanimously carried. Council Chair Furfaro: Thank you. Could you read the next motion as we go to receive the Consent Calendar? PETER A. NAKAMURA, County Clerk: At this time we're on the Consent Calendar for the Wednesday, August 17, 2011 Council Meeting, with the exception of C 2011 -234, which has been referred to a special council meeting. C 2011 -232 Communication (07/20/2011) from the Director of Finance, transmitting for Council information, the Period 12 Financial Reports — Statement of Revenues as of June 30, 2011, for Fiscal Year 2011, including the Statement of Revenues (Estimated and Actual), Revenue Report, Statement of Expenditures and Encumbrances, and Detail Budget Report, pursuant to Section 21 of the Operating Budget Ordinance (B -2010 -705). C 2011 -233 Communication (07/29/2011) from Council Chair Furfaro, transmitting for Council consideration, a $60,000.00 appropriation from the surplus and appropriations estimated in the General Fund to the Office of the County Clerk, to fund operational costs associated with the Office of the County Clerk, including relocating to the renovated Historic County Building. C 2011 -235 Communication (08/11/2011) from Council Chair Furfaro, transmitting for Council consideration and confirmation, Council nominee Joseph Figaroa to the Public Access, Open Space, and Natural Resources Preservation Fund Commission (Anahola — Ha'ena Council Appointee). Mr. Rapozo moved to receive the items on the Consent Calendar, with the exception of communication C 2011 -234, for the record, seconded by Mr. Kuali`i. Council Chair Furfaro: Discussion? Ms. Yukimura: Yes, question, Mr. Chair. Now, I think communication 232 we receive, and 233 and... Mr. Nakamura Ms. Yukimura: approval comes... Council Chair Furfaro Ms. Yukimura: 235. Okay, we still receive all of them, right, because the And that's what we're doing right now. Okay, I'm sorry, I'm clear now, thank you. Council Chair Furfaro: So we're receiving all of those items with the exception of 234, which has been referred to next week. Ms. Yukimura: Thank you. Council Chair Furfaro: You're quite welcome. Any further discussion? Mr. Rapozo: I'm sorry, 234 was referred to where? COUNCIL MEETING - 3 - August 17, 2011 Council Chair Furfaro: Mr. Rapozo: Next week's meeting to get an update. Next week's committee meeting. Council Chair Furfaro: Yes. Mr. Rapozo: Okay, I guess we need to make that motion of where it's going to be referred to. Mr. Nakamura: Actually, Chair, I think what we were looking at is because there's a resolution, it's a special council meeting on the 24th, which the Chair has asked us to schedule. Council Chair Furfaro: Okay, let me clarify that again. We're going to refer it to next week but have a special council meeting. Mr. Rapozo: Okay, got it. Council Chair Furfaro: Okay, so I guess in advance I'm saying to all of you it's going to be an 3:30 a.m. day. Acceptable to everyone? Mr. Bynum: Yes. Council Chair Furfaro: Okay, thank you. So, may I now ask to receive these items on the consent calendar. All those in favor, signify by saying aye. The motion to receive the items on the Consent Calendar, with the exception of C 2011 -234, for the record was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. Next item please. Mr. Nakamura: Next matter on page 2 of the council's agenda are Communications for approval. First communication for approval is C 2011 -236. COMMUNICATIONS: C 2011 -236 Communication (07/20/2011) from the Director of Finance, requesting Council approval of the agreement between the County of Kauai and First Hawaiian Bank, for the installation of an ATM machine at the Lihu`e Civic Center, for an initial term of five (5) years, to provide a public service to the customers who remit their payments in cash and as a convenience to customers, employees, and tourists at the Lihu`e Civic Center: Mr. Chang moved to approve C 2011 -236, seconded by Mr. Kuali`i. Council Chair Furfaro: Thank you. This is a follow up from our earlier request to enter into an agreement with First Hawaiian Bank for the purpose of having an ATM machine installed at the Lihu`e Civic Center. The term is five years. All those in favor, signify by saying aye. The motion to approve C 2011 -236 was then put, and unanimously carried. Council Chair Furfaro: Thank you, next item please. Mr. Nakamura: Next communication for approval is C 2011 -237. COUNCIL MEETING - 4 - August 17, 2011 C 2011 -237 Communication (07/25/2011) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend federal funds from the Edward J. Byrne Memorial Justice Assistance Grant (JAG) FY 2011 Local Solicitation Grant, in the amount of $45,443.00. The funds will be utilized to contract a private company to complete process serving for the Office of the Prosecuting Attorney, as well as to provide training to the Kauai Police Department, and will commence October 1, 2011 through September 30, 2014. Council Chair Furfaro: Mr. Rapozo, I believe I have a recusal letter from you on this item? Mr. Rapozo: Yes, you all should have a written conflict of interest letter as my company does participate in the procurement process of this grant. So I will be stepping out and recusing myself for this vote, thank you. Council Chair Furfaro: Very good. Mr. Rapozo was noted as recused from this matter and left Council Chambers at 9:25 a.m. Mr. Bynum moved to approve C 2011 -237, seconded by Mr. Chang, and unanimously carried. Council Chair Furfaro: Thank you very much. Would you ask Mr. Rapozo to return? Mr. Rapozo was noted to return to Council Chambers at 9:26 a.m. Council Chair Furfaro: I would like to read the next item 2011 -238 and after the reading of that I'd like to turn over the meeting to Mr. Rapozo for some dialogue after we get a motion to approve. Mr. Nakamura: Council Chair, the next communication for approval is communication C 2011 -238. C 2011 -238 Communication (08/10/2011) from Mel Rapozo, President of the Hawaii State Association of Counties, transmitting for Council approval, the proposed amended slate of officers for the Hawaii State Association of Counties' (HSAC) Executive Committee for the Fiscal Year 2011 -2012 term as follows: Mel Rapozo (County of Kauai) — President Angel Pilago (County of Hawaii) — Vice President Stanley Chang (City and County of Honolulu) — Secretary Joseph Pontanilla (County of Maui) — Treasurer Council Chair Furfaro: Thank you very much. I would like to have a motion to approve and a second, and then I'll turn the floor over to Mr. Rapozo. Mr. Kuali`i moved to approve C 2011 -238, seconded by Mr. Chang. Council Chair Furfaro: Thank you. We have a motion to approve. Mr. Rapozo, the floor is yours. Mr. Rapozo: Thank you. If this looks familiar, it should be. We had just voted on a slate probably a month and a half or so ago, maybe two months ago. The Big Island did not approve the slate the last go around and in HSAC it COUNCIL MEETING - 5 - August 17, 2011 requires unanimous consent. The Big Island wanted to seek the vice presidency, so they proposed an amended slate, which is what you see before us. Mr. Pilago and Mr. Chang did agree to switch seats. So now Mr. Pilago will sit as vice president and Mr. Chang will sit as the secretary. This slate has been approved by the HSAC Executive Committee at the last meeting last week. So we require the counties to approve and then it goes back to HSAC, where it will be official. I would appreciate everyone's support on this matter. Thank you. Council Chair Furfaro: Members, are there any questions for Mr. Rapozo, whom I would like to congratulate as being nominated as president? If you have any questions for him? No? Okay, we have a motion and a second. All those in favor, signify by saying ave. The motion to approve C 2011 -238 was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. We'll move on to Claims, Mr. Clerk. Mr. Nakamura: On page 2, a Claim, communication C 2011 -239. CLAIM: C 2011 -239 Communication (07/26/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by EAN Holdings, Inc., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Rapozo moved to refer C 2011 -239 to the County Attorney's Office for disposition and /or report back to the Council, seconded by Mr. Kuali`i, and unanimously carried. Council Chair Furfaro: Thank you. Let's go to Committee Reports. COMMITTEE REPORT: A report (No. CR -COW 2011 -22) submitted by the Committee of the Whole, recommending that the following be received for the record: "COW 2011 -08 Communication from Councilmembers KipuKai Kuali`i and Nadine K. Nakamura, requesting agenda time to brief the Council on their recent attendance at the National Association of Counties (NACo) Annual Conference," Mr. Rapozo moved for approval of the report, seconded by Ms. Yukimura. Council Chair Furfaro: May I say that was an excellent report. Councilmember Kuali`i, Councilwoman Nakamura, thank you very much and it was much appreciated. Any further dialogue? Anyone in the audience want to testify on this? If not, all those in favor to approve this committee report, signify by saying aye. The motion to approve Committee Report No. CR -COW 2011 -22 was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. Next item, Resolutions. Mr. Nakamura: Next matter is a Resolution, Resolution No. 2011 -66. COUNCIL MEETING - 6 - August 17, 2011 RESOLUTIONS: Resolution No. 2011 -66, RESOLUTION INVITING THE CITY OF IWAKI, FUKUSHIMA PREFECTURE, JAPAN, TO ENTER INTO A SISTER -CITY RELATIONSHIP WITH THE COUNTY OF KAUAI, STATE OF HAWAII, UNITED STATES OF AMERICA: Ms. Yukimura moved to refer Resolution No. 2011 -66 to the Special Council Meeting on August 24, 2011, seconded by Mr. Chang, and unanimously carried. Council Chair Furfaro: Thank you very much. We will now go to page 3 still on resolutions. Mr. Clerk. Mr. Nakamura: Next resolution for approval is Resolution No. 2011 -67. Resolution No. 2011 -67, RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND COMMISSION (Joseph Figaroa Anahola — Hd `ena): Ms. Yukimura moved to adopt Resolution No. 2011 -67, seconded by Mr. Chang. Council Chair Furfaro: Any discussion from anyone in the audience? Seeing no one, any discussion amongst members? Council Vice Chair Yukimura. Ms. Yukimura: I just want to say I think the name Figaroa is misspelled in the communication, but, I think it's correct on the resolution. Mr. Nakamura: My apologies, Council Chair, Vice Chair Yukimura is correct. Mr. Figaroa's name was misspelled on the agenda but is correct in the resolution. Ms. Yukimura: Okay, thank you. Council Chair Furfaro: Okay, we'll so note the spelling correction. All those in favor of this resolution 2011 -67, signify by saying aye. Sorry, this is a resolution that requires a roll call, my apologies. The motion to adopt Resolution No. 2011 -67 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 7, Yukimura, Furfaro AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0. Mr. Nakamura: Seven ayes, Mr. Chair. Council Chair Furfaro: Thank you, Mr. Clerk. Shall we go to Bills for First Reading? Mr. Nakamura: Next matter is a Bill for First Reading. This is Proposed Draft Bill (No. 2411). COUNCIL MEETING - 7 - August 17, 2011 BILL FOR FIRST READING: Proposed Draft 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: Ms. Yukimura moved for passage of Proposed Draft Bill (No. 2411) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 7, 2011, and that it thereafter be referred to the Finance /Parks & Recreation[Public Works Programs Committee, seconded by Mr. Kuali`i, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Kuah'i, Nakamura, Rapozo, TOTAL — 7, Yukimura, Furfaro .AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0. Council Chair Furfaro: Mr. Clerk, before we call up the county attorney, I'd like a moment of personal privilege, if I can, for members. Thank you very much. I just want to share with you that we are within now the potential of 30 days before we will be moving back into our permanent home. I have had several meetings with the contractors and I do want to say that you were provided a calendar of our move. As things are developed, I will put the minutes of those meetings available to you in the reading file, but it does look like with the installation of the new audiovisual equipment and the testing required with it, it may look like we'll have our soft opening on the 21st and we may need to come back here for our council business till they actually have the camera and sound check complete. So I wanted to share that with you folks that the tentative soft opening is for 8:30 a.m. on the 21st. We will return here about 10:30 or 11 o'clock for our actual council business. The other item, I do want to say, is September is going to be a challenging month for us since we will not be having a committee meeting on the 14th. I would ask that you all consider holding any resolutions with recognitions for community activities and so forth in the month of September since we will only be having three meetings and the fact of the matter is we may, according to my meeting with IT, find ourselves the week of the 14th when we move, setting up the new offices, giving you IT access at your new offices, and only retain about two units here for communication while we do business. So please take a moment to get caught up on that activity in the minutes related to the return to our home with hopefully a final celebration May 9th of next year, which makes the building 98 years old and it is the first county seat built in the State of Hawaii. So we have lots to be proud of on May 9, 2012. So thank you for the time just to give you that. I think you do all have an agenda with a critical path for the move. Yes? Ms. Yukimura: Mr. Chair, I just to thank you for your oversight and leadership on this issue and all the people who've been working on it too. But I know that it's taken a lot of time and attention in addition to our regular work, so thank you very much. Council Chair Furfaro: Well, hopefully we'll be in our new home on the 28th of September, actually doing our first new business after the move on the week of the 14th to the 21st. So thank you for that time. Members, may I ask the county attorney to come up? Sir, were you here for any specific items? COUNCIL MEETING - 8 - August 17, 2011 There being no objection, the rules were suspended. AMY ESAKI, First Deputy County Attorney: Good morning, councilmembers, Amy Esaki from the county attorney's office. I'd like to request to go into executive session for ES -490 and ES -491. EXECUTIVE SESSION: ES -490 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council pertaining to the County Auditor and, if necessary, to consult with the County's legal counsel. This session pertains to the evaluation of the County Auditor where consideration of matters affecting privacy will be involved and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES -491 Pursuant to Hawal'i Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council pertaining to the County Clerk and, if necessary, to consult with the County's legal counsel. This session pertains to the evaluation of the County Clerk where consideration of matters affecting privacy will be involved and, if necessary, to. consult with legal counsel regarding the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. The meeting was called back to order, and proceeded as follows: Council Chair Furfaro: Thank you very much. May I have a motion to go into executive session? Mr. Chang moved to convene in Executive Session, seconded by Ms. Yukimura. Council Chair Furfaro: Thank you and I do want to ask that we would reconvene at 10 o'clock upstairs in executive session. I believe we have people coming over. Am I correct? Marc Guyot's coming over? Ms. Esaki: That's correct, yes. Council Chair Furfaro: Okay, so on that note, any discussion from anyone else? Seeing none, all those in favor to convene in executive session, signify by saying aye. The motion to convene in executive session was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. There being no objection, the meeting was recessed at 9:38 a.m. COUNCIL MEETING - 9 - August 17, 2011 ADJOURNMENT. The meeting was called back to order, and there being no further business, the meeting was adjourned at 4:38 p.m. Respectfully submitted, PETER A. NAKAMURA /wa . County Clerk