HomeMy WebLinkAbout10/18/2011 Special Council MeetingSPECIAL COUNCIL MEETING
OCTOBER 18, 2011
The Special Council Meeting of the Council of the County of Kauai was called
to order by Council Chair Jay Furfaro at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Tuesday, October 18, 2011
at 9:05 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable KipuKai Kuali`i
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro, Council Chair
APPROVAL OF AGENDA.
Mr. Chang moved for approval of the agenda as circulated, seconded by
Mr. Rapozo, and unanimously carried.
RESOLUTION:
Resolution No. 2011 -76, RESOLUTION APPOINTING THE INTERIM
COUNTY CLERK OF THE COUNTY OF KAUAI: Mr. Kuali`i moved to approve
Resolution No. 2011 -76, seconded by Mr. Chang.
Chair Furfaro:
May I ask you to read the Resolution please.
EDDIE TOPENIO, DEPUTY COUNTY CLERK: Resolution appointing the
interim County Clerk of the County of Kauai. Be it resolved by the Council of the
County of Kauai, State of Hawaii, Section one (1), appointment of the interim
County Clerk, Ricky Watanabe is here by appointed the Interim County Clerk of
the County of Kauai for the term that commenced on December 1, 2010. Section
two (2), this resolution shall take effect upon its approval.
Chair Furfaro: Thank you. Since we have a motion to
approve and a second, is there any discussion from the members? If not, I would
like to call for a roll call.
Mr. Topenio: Roll call to approve Resolution No. 2011 -76.
Chair Furfaro: Excuse me, before we call the roll call, is
there anyone in the public that would like to comment on the Resolution that was
just read?
There being no objections, the rules were suspended.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Thank you very much. The meeting is called
back to order, please do the roll call.
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SPECIAL COUNCIL MEETING OCTOBER 18, 2011
The motion to approve Resolution No. 2011 -76, was then put, and carried by the
following vote:
FOR APPROVAL: Bynum, Chang, Kuali`i, Nakamura, Rapozo,
Yukimura, Furfaro TOTAL — 7,
AGAINST APPROVAL: None TOTAL — 0,
EXCUSED & NOT VOTING None TOTAL — 0.
Mr. Topenio:
Seven (7) ayes, Chair.
Chair Furfaro: Thank you very much. Members if you don't
mind, I would like to call Ricky Watanabe up to the mic for a second please. Ricky,
I'm about to call for a short recess, I see family members here but I do want to
really say thank you from the entire Council for stepping forward and take this
interim. For me for ten (10) years it's been a privilege working with you. Your
commitment to the County Council, your work in the County is really second to
none and I just wanted to say thank you very much for stepping forward during this
interim time. Any other members? Mr. Bynum.
Mr. Bynum: Rick, I'm proud to vote for you today and as
you know being a County Councilmember is an usual job to say the least. Since the
day I met you, you've assisted me with integrity and confidence, you were kind of
the rock during .these five (5) years I've been here. I think we have a strong
relationship where you tell it how it is and I just want to thank you for the support
you've provided me. I'm proud to have you be our interim clerk and I have no
question about your ability and your leadership to do that. Thank you.
Chair Furfaro: Thank you Mr. Bynum. Is there anyone else
before I call for a short recess? Council Vice Chair Yukimura and then
Councilmember Rapozo.
Ms. Yukimura: Ricky, congratulations and thank you for
really dedicated work, you've never wavered in terms of serving the Council and the
people of Kauai and have endured and stayed steady in the midst of a lot of things
happening. Thank you very much for your service and welcome aboard as the
interim Chair... I mean Clerk, sorry.
Chair Furfaro: Mr. Rapozo.
Mr. Rapozo: Thank you, Ricky, I just... you remind me of
one (1) NFL football lineman, not by size but because you know all the
quarterbacks, running backs, the receivers, they get all the glory and rarely does
the lineman get the credit and for many of us, we don't always get the glory but
when we do which again is rare... what the people don't see is all the staff that do
all of the work for us, that they do so much for each of us that it's unfortunate that
you folks don't get to be credited with what you do. You as the Administrator, since
I've been here, unbelievable with what you do with this staff and the way you get
them motivated to do the work and again if you ask a lot of the people in the
community, they may not know who Ricky Watanabe is, they don't... they don't
know what the Administrator does, everybody knew who the Clerk was, everybody
knew who the Chair is, obviously everybody knows who the Councilmembers are
but I think as the Administrator, you deserve the (inaudible), and I guess I want to
thank you and congratulate you on this interim... what do you call it...
appointment. I'm really looking forward to working with you in the next few
months, thank you.
SPECIAL COUNCIL MEETING OCTOBER 18, 2011
Chair Furfaro: Mr. Chang.
Mr. Chang: Thank you Chairman. Ricky, I just wanted
to say thank you very much. We can describe you in many ways when
Councilmember Rapozo, I guess compared you with lineman, I want to compare you
with Mr. Miyagi. I always call you sensei and I really appreciate it, you know being
a Councilmember everyday is a learning experience and being a relatively
inexperienced if you will at three (3) years, I've learned a lot and I appreciate you
pulling me on the side and giving me words of wisdom. I guess on another note, I
just want to share this is a very serious time that we're spending with you and
appointing you; however, you're very funny and I think your... when you teach, you
also teach with humor and I appreciate that. I just want to say thank you and we're
very proud of you, with evidence by the people who came here to support you and
share your aloha, so thank you very much Ricky or sensei, thank you.
Chair Furfaro: Councilmember Nakamura.
Ms. Nakamura: Ricky, I just wanted to thank you so much
for stepping up into this position and willing to fill this need that we have as a body.
Thank you for orienting me to the ways of the Council and the processes and I really
appreciate that and also a lot of people don't see... you see the meeting's here but
the people don't see what goes behind each meeting, the preparation that it takes,
the coordination with the Administration and I know that you will help us through
this period. Thank you very much.
Chair Furfaro: Councilmember Kuali`i.
Mr. Kuali`i: Aloha and mahalo Ricky, I can't thank you
enough from the bottom of my heart for everything that you do for us and the
County and everything you will continue to do going forward. I know personally I
couldn't do my job half as well without your support and the support of all the staff,
so congratulations and mahalo.
Chair Furfaro: (inaudible) Ricky, I'll give you the
microphone.
RICKY WATANABE: Yes, I'd like to thank the County Council for
all the kind words and for everyone to be here and I couldn't do it without the staff
we have. We owe it to the staff, so thank you.
Chair Furfaro: They're all here and behind you Rick.
Members, we're going to take a ten (10) minute recess and then I'm going to call the
County Attorney up.
There being no objections, the Council recessed at 9:16 a.m.
The Council reconvened at 9:21 a.m., and proceeded as follows:
Chair Furfaro: Members, I'm going to ask if I can have the
County Attorney come up as we will be moving into Executive Session and I
distributed to you this morning the final job description which was circulated back
in August as well as the recruitment notice for this position. Good morning Marc.
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SPECIAL COUNCIL MEETING OCTOBER 18, 2011
EXECUTIVE SESSION:
ES -506 Pursuant to Hawaii Revised Statutes Sections 92 -4 and
92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the County Council
requests an executive session to consider the hiring of an interim 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.
There being no objections, the rules were suspended.
MARC GUYOT, DEPUTY COUNTY ATTORNEY: Good morning Chair, Vice
Chair, Councilmembers.
Chair Furfaro: May I ask you to introduce yourself first of
all for the record and then if we can go to Executive Session 506, if you could read
that item for us?
Mr. Guyot: Certainly Chair. My name is Marc Guyot,
I'm a Deputy County Attorney with the County of Kauai. Regarding ES 506,
Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and
Kauai County Charter Section 3.07(E), the County Council requests an executive
session to consider the hiring of an interim 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.
Mr. Bynum moved to convene in Executive Session at 9:26 a.m., as
recommended by the County Attorney, seconded by Ms. Yukimura.
Chair Furfaro: Any discussion?
Mr. Rapozo: I just have one (1) question.
Chair Furfaro: Yes.
Mr. Rapozo: And it's about the posting... the interim is
who's going to succeed Ricky, the posting is to discuss the interim, the hiring of the
interim County Clerk, is that to discuss the successor of Mr. Watanabe?
Mr. Guyot: I don't believe so, no. That will be a
discussion regarding the County Clerk, future County Clerk.
Mr. Rapozo: That's what I'm asking because it says here
interim; we just passed a Resolution appointing the interim.
Mr. Guyot: There are variety of other matters relating to
the hiring that I believe need to be resolved and the Council has indicated that they
would like to do it in Executive Session. Based on our understanding under the
matters of privacy and liabilities that it would be best and appropriate to do it in
Executive Session.
Mr. Rapozo: No, I agree that it needs to be done in
Executive Session, I'm just questioning the posting because the posting is talking
about hiring an interim County Clerk which is what we just did. So it seems like
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SPECIAL COUNCIL MEETING OCTOBER 18, 2011
after the fact. So my question is, is the interim County Clerk that we're going to be
discussing is it an interim because it's going to be fulfilling the vacant term of Peter
Nakamura?
Mr. Guyot: Yes, that's my understanding...
Mr. Rapozo: Okay.
Mr. Guyot: ... that that's what we'll be discussing.
Mr. Rapozo: Okay I just wanted to clarify that because I
think it's confusing because we just appointed the interim and we're going to go into
Executive Session to talk about the hiring of interim. The way I read it is that
interim means that we got to fulfill the vacant term of Peter Nakamura because his
term goes till the end of this Council term. So that is correct.
Mr. Guyott: My understanding is that the Executive
Session is to discuss the further hiring issues related to Mr. Ricky Watanabe.
Mr. Rapozo: Okay.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Thank you Marc. (inaudible) roll call vote to
go into Executive Session is a new policy.
Mr. Topenio: Roll call vote for Executive Session 506.
The motion to move into Executive Session 506 was then put, and carried by the
following vote:
FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL — 7,
AGAINST EXECUTIVE SESSION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0.
There being no objection, the meeting was recessed at 9:26 a.m.
ADJOURNMENT.
The meeting was called back to order and there being no further business,
the meeting was adjourned at 10:05 a.m.
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