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HomeMy WebLinkAbout10-06-2010-Doc15887 . ~ • MI,NUTES COMMITTEE of the WHOLE October 6, 2010 A meeting of the Committee of the Whole of the Council of the County of Kaua`i, State of Hawai`i, was called to order by Councilmember Bill "Kaipo" Asing, Chair, at 3371-A Wilcox Road, Lihu`e, Kaua`i, on Wednesday, October 6, 2010 at 10:13 a.m., after which the following members answered the call of the roll: Honorable Bill "Kaipo" Asing Honorable Tim Bynum Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara . EXCUSED: Honorable Derek S.K. Kawakami The Committee proceeded on its agenda item as shown in the following Committee report which is incorporated herein by reference: BILL "KAIPO" ASING (COUNCIL CHAIR): The Committee of the Whole is now called to order, we have one (1) item and that's Executive Session ES-470, can I have a motion to receive? JAY FURFARO: Excuse me, are we receiving it or is the County Attorney removing it from the calendar? Mr. Asing: Well why don't we have the County Attorney up first. It was my understanding that we're not going to move and that's the reason I made the suggestion for that motion, but I will be suspending the rules to have the county attorney clarify this item. There being no objections, the rules were suspended. Mr. Furfaro: Thank you Mr. Chair. Mr. Asing: Thank you. With that County Attorney. ALFRED B. CASTILLO, JR., (COUNTY ATTORNEY): Thank you very much Council Chair, Council members. A1 Castillo, County Attorney. I would like to add something a little bit before I request a withdrawal of my executive session if I may? You know Mr. Parsons came up and basically said that he exhausted fifty hours of research and I'd like to thank Mike Dahilig and the Public Works staff for their many, many exhaustive hours of research 0 • y 4 and meetings because a lot was placed into this because we had anticipated the problematic areas ahead of time. With that, I, the County Attorney, would like to request that this executive session request be withdrawn. Mr. Asing: Thank you. A1 Castillo: Thank you. Mr. Asing: I'd like to call the meeting back to order and we can just have a motion to receive this item which does the same thing. The meeting was called back to order and proceeded as follows: ES-470 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92- 5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Committee of the Whole to discuss legal issues pertaining to the implementation of Ordinance 885. 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. [Received for the record] JAY FURFAR,O (COMMITTEE MEMBER): I would like to make that motion to receive and thank the County Attorney for our failure to recognize that there was a lot of due diligence put in by Public Works and his office, thank you very much. Mr. Asing: Thank you. DICKIE CHANG: Seconded. Mr. Asing: I would also like to thank the County Attorney for all his work and diligence in trying to legally protect the county. This is the county attorney's function to protect the county and he is doing his job as he sees fit to do it correctly, so I will commend the county attorney for his diligence in attempting to do his job as best as he can, together with the public works department who has done a lot of research also prior to drafting the rules. With that, Council member Chang. Mr. Chang: Thank you Chair. You know I too want to thank the County Attorney's office and I want to thank Deputy Attorney Dahilig. You know last week I was the one that questioned, you know here we are, we passed the bill in October of 2009, why are you now coming to us, you know, I kind of maybe stated in the last or three months before 2 ~ • implementation but I understand the process. I understand the concerns, so it wasn't a concern, they would not have brought it up. So I rather that they had brought it up and we discussed it here openly because if it came into effect come January 11th of what 2011 and then we had some red flags, it would not be an opportunity for us to go over the drafts and the public hearings. So I do also want to thank our county attorney's office and also to Deputy Attorney Dahilig, because when you saw that red flags I know it was brought up right away and so I guess sometimes in the process we might over look things but I'm glad we caught it early enough so we can get public discussion out there. So thank you very much Chair for that opportunity, Mahalo. Mr. Asing Thank you, any other comments Council members? If not we have a motion to receive, any further discussion Mr. Asing: Any discussion? If not all those in favor say "aye." Committee Members: Aye. Upon motion duly made by Councilmember Furfaro, and seconded by Councilmember Chang, and unanimously carried, ES-470 was received for the record. There being no further business, the meeting was adjourned at 10:17 a.m. Respectfully submitted, aur~ie Chow Senior Clerk Typist APPROVED at the Committee Meeting held on October 20, 2010: -45 BILL "KAIPO" SING Chair, Committe the Whole 3