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HomeMy WebLinkAbout 07/27/2011 COMMITTEE OF THE WHOLE Committee MeetingMINUTES _ _ __ COMMITTEE OF THE WHOLE July 27, 2011 A meeting of the Committee of the Whole of the Council of the County of Kauai, State of Hawaii, was called to order by Jay Furfaro, Chair, at the Council Chambers, 3371-A Wilcox Road, Lihu`e, Kauai, on Wednesday, July 27, 2011, at 11:20 a.m., after which the following members answered the call of the roll: Honorable Dickie Chang Honorable KipuKai Kuali`i Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro Excused: Honorable Tim .Bynum Minutes of the FY 2011-2012 Annual Budget Decision Making. [This item was deferred.] Mr. Rapozo moved to approve the Minutes of the FY 2011-2012 Annual Decision Making, seconded by Mr. Kuali`i. Ms. Yukimura: Mr. Chair, I have a request. Chair Furfaro: Yes. Ms. Yukimura: I'd like to have it deferred, I haven't really even looked at it. I know it's voluminous work that our staff has worked on and has done but I just wanted to chance to look at it. Chair Furfaro: I will support that. Upon motion duly made by Ms. Yukimura, seconded by Mr. Rapozo, and unanimously carried, the Minutes of the FY 2011-2012 Annual Budget Decision Making was deferred. Minutes of the July 13, 2011 Committee of the Whole. Upon motion duly made by Ms. Yukimura, seconded by Mr. Kuali`i, and unanimously carried, the Minutes of the July 13, 2011 Committee of the Whole was approved. The Committee proceeded on its agenda items as follows: Chair Furfaro: Could I have the County Attorney up please? Sir, I do want to say that I did call your office, my intent with the absence of Mr. Bynum on an excused absence is to defer the two (2) personnel items, so could you only read the one (1) other item that we have in Executive Session for now? There being no objections, the rules were suspended. ALFRED CASTILLO, COUNTY ATTORNEY: Yes I will and good morning - - - - Council Chair, Councilmembers, Al Castillo, County Attorney. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §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 H.R.S. §92-4 and shall be limited to those items described in H.R.S. X92-5(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.) 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. [This item was deferred.] ES-491 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 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. [This item was deferred.] ES-493 Pursuant to Hawaii Revised Statutes Sections 92-4, 92-5(a)(4) and (8), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session to provide the Council's Committee of the Whole a briefing regarding legal issues related to the implementation of Kauai County Charter Section 3.19 and Bill No. 2410. 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. The meeting was called back to order, and proceeded as follows: Chair Furfaro: I am going to first ask for a deferral on ES-490 and ES-491 for two (2) weeks. Upon motion duly made by Mr. Rapozo, seconded by Ms. Yukimura, and unanimously carried, ES-490 and ES-491 were deferred. 2 Ms. Yukimura moved to convene in Executive Session at 1:22 p.m., as recommended by the County Attorney, seconded by Mr. Rapozo, and unanimously carried. There being no further business, the meeting was adjourned at 3:31 p.m. Respectfully submitted, . Darrellyne M Simao Council Services Assistant II APPROVED at the Committee Meeting held on August 10, 2011: JAY FURF~ CHAIR, C M ~E WHOLE 3