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HomeMy WebLinkAbout05/02/2012 COMMITTEE OF THE WHOLE Committee Meeting MINUTES COMMITTEE OF THE WHOLE May 2, 2012 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 Jay Furfaro, Chair, at the Historic County Building, Room 201, Lihu`e, Kauai, on Wednesday, May 2, 2012, at 12:14 p.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, Chair Minutes of the April 11, 2012 Special Committee of the Whole Meeting Upon motion duly made by Councilmember Chang, seconded by Councilmember Kuali`i, and unanimously carried, the Minutes of the April 11, 2012 Special Committee of the Whole Meeting was approved. Minutes of the April 18, 2012 Committee of the Whole Meeting Upon motion duly made by Councilmember Kuali`i, seconded by Councilmember Chang, and unanimously carried, the Minutes of the April 18, 2012 Committee of the Whole Meeting was approved. There being no objections, the meeting was recessed at 12:15 p.m. The meeting was called back to order at 2:08 p.m., and the Committee proceeded on its agenda items as follows: Council Chair Furfaro: We have three executive session items on the agenda today. But I do understand that by request of some necessity from your office, it is ES-538 that we wanted to do at a specific time. There being no objections, the rules were suspended. ALFRED B. CASTILLO, JR., County Attorney: That is correct. Council Chair Furfaro: So could we read that item and that item only? Mr. Castillo: Thank you. Good afternoon, Council Chair and Councilmembers, Al Castillo, County Attorney. The matter for your consideration is ES-538. ES-538 Pursuant to HRS section 92-5(a) (2), (4) and (6), and Kaua`i County Charter section 3.07(e), the purpose of this executive session is to provide council with a briefing on the Prosecuting Attorney's P.O.H.A.K.U. Program and its request for approval to apply and receive technical assistance for its programs, including P.O.H.A.K.U., from the Bureau of Justice Assistance and the Vera Institute of Justice's national Cost-Benefit Knowledge Bank for Criminal Justice 1 and related matters. This briefing and consultation involves 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: Council Chair Furfaro: Members, I would like to be able to go into executive session and I would like a motion and a second so I can do a roll call vote. Ms. Yukimura: Chair? Council Chair Furfaro: Yes. Ms. Yukimura: And this would be just for ES-538? Council Chair Furfaro: Just for ES-538, yes. Councilmember Yukimura moved to convene in execution session for ES-538, seconded by Councilmember Rapozo, and carried by the following vote: FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura, TOTAL— 7, Rapozo, Yukimura, Furfaro AGAINST EXECUTIVE SESSION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0. There being no objections, the meeting was recessed at 2:09 p.m. The meeting was called back to order at 6:13 p.m., and proceeded as follows: Council Chair Furfaro: We have two executive sessions scheduled and may I ask the Clerk's Office to read them. There bein g no objections, the rules were suspended. J � p JENNIFER WINN, Deputy County Attorney: Deputy County Attorney Jennifer Winn. ES-540 Pursuant to Hawaii Revised Statutes Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, at the request of Council, requests an executive session with the Council to provide the Council with a briefing on the setting of the real property tax rates, Resolution No. 2012-30, the legal opinion dated April 5, 2012 from the County Attorney relating to the Real Property Tax Resolution and Setting of Tax Rates and related matters. 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. ES-541 Pursuant to Hawai`i Revised Statutes Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an executive session for Council to consult with the County Attorney regarding the Council's release of the County Attorney's written legal opinion dated April 5, 2012, regarding Real Property Tax Resolution and Setting of Tax Rates and related matters. This briefing and consultation involves 2 the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. Council Chair Furfaro: I do want to note that both items should be reasonably short in review, but for the video people, if we do agree to release an opinion, we need to take a vote on that, and that question is posed to the County Attorney. Do we need to come back out if we decide to release that opinion? Ms. Winn: Yes, the vote should be in open. I am not aware of your policies, however, if that needs to be today versus at another meeting. Council Chair Furfaro: You have answered my question and if I can just keep control of this meeting for a little while then I will recognize somebody. So the option will then be to post for another meeting to release such if we desire. Ms. Winn: Correct. Council Chair Furfaro: Very good. I am very clear now. I want to make sure the Members are clear, the television audience is clear, and I am sorry that I had to raise my voice, but I wanted to get to that point. Vice Chair Yukimura. Ms. Yukimura: I believe it is our policy to post a release in open session on the next meeting. Council Chair Furfaro: That is what we just said. Ms. Yukimura: Yes, okay, so I do not know that it was a choice, if we were following our policy. Council Chair Furfaro: I was not giving them a choice. I was asking her to respond to a statement. Ms. Yukimura: Okay, all right. Council Chair Furfaro: So everybody knows that. Now on that note, the most important part is here, BC, I think you can go home, that is the most important part. The meeting was called back to order, and proceeded as follows: Councilmember Bynum moved to convene in executive session for ES-540 and ES-541, seconded by Councilmember Chang, and carried by the following vote: FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura, TOTAL— 7, Rapozo, Yukimura, Furfaro AGAINST EXECUTIVE SESSION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL — 0. There being no objections, the meeting was recessed at 6:15 p.m. 3 The meeting was called back to order at 6:37 p.m., and there being no further business, it was adjourned. Respectfully submitted, Wilma Akiona Council Services Assistant APPROVED at the Co tee Meeting held on May 16, 2012: JAY FURFA —' Chair, Comm'' le 4