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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. 2 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. 4 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 5 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. As