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HomeMy WebLinkAbout01/08/2014 Committee of the Whole minutes MINUTES COMMITTEE OF THE WHOLE January 8, 2014 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 Jay Furfaro, Chair, at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, January 8, 2014, at 9:04 a.m. after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Mason K. Chock, Sr. Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro Chair Furfaro: As we start this meeting, I would like to take a moment to revisit a couple of rules as there has been a need for me to respond to Office of Information Practices (OIP) from two (2) complaints received. The section under Public Comment period, Scott, I would like that read as it is posted and then I would like to visit the rules as it relates to the actual intent of this rule. I would like you to read Section "E" for the public on Rule 12. PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. This rule is designed to accommodate those who cannot be present throughout the meeting to speak when the agenda items are heard. After the conclusion of the eighteen (18) minutes, other members of the public shall be allowed to speak pursuant to Council Rule 12(e). SCOTT SATO: As it is written in the Council rules, Rule 13(e) states that "at the beginning of the agenda of any Council meeting or Committee meeting, members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. During the eighteen-minute period, Councilmembers shall not address the public speaker. After the conclusion of the eighteen minutes, members of the public shall be allowed to speak at Council and Committee meetings pursuant to Rule 12(e), `Conduct of Public Hearings'." Chair Furfaro: Thank you. So again, the intent of this rule was in fact to allow people who wanted to speak on a posted agenda item but could not stay until that agenda item came up. Therefore we allowed them to give their testimony at the start of the meeting, specifying a particular time to accommodate COW COMMITTEE 2 JANUARY 8, 2014 them. The portion also then acknowledges that for those that are here for the day but want to speak again, and have consumed some of that time they are not allowed to speak a second time. That is very clear in our rules and I want the members of the Council to know that I have responded to that issue. That complaint was addressed to me through OIP. That is for your information. Secondly, on an item that is deferred, it is very important that we recognize our rules allow discussion for a posted item from those that want to give testimony. If you are deferring the item and it is so stated, we should not interact with the items once we have indicated to the public that the intent is to defer but we must take public comment as posted. I just wanted to speak on those two (2) items that I have responded to. Ms. Yukimura: As the Councilmember who chaired the Rules Committee that produced this rule, Rule 13(e), I just want to say that the interpretation you have given is in accordance with the intent of the Committee. We wanted to accommodate people who could not stay but that meant that by giving them that special privilege they would not be able to speak later on, presumably because they would have left. Chair Furfaro: And presumably that it is a first come, first serve basis and they may have bumped someone who could not stay. Ms. Yukimura: That is right. Chair Furfaro: I just wanted to revisit the full intent of the Rule and especially since we have gotten or addressed to me two (2) complaints from OIP. Ms. Yukimura: Okay, and Chair on the other issue of deferral, it is my understanding that until there is a motion to defer, debate is allowed. Chair Furfaro: What I am saying is I just want us all to be sensitive to the fact that if we are telling the public that the item is intended to be deferred, we will take their testimony if they show but the feedback has been we have indicated it has been deferred and yet we continue discussion. So some people do not come. We have to be very cautious with that. Ms. Yukimura: Okay. There being no objections, the Committee recessed at 9:09 a.m. to convened in the Planning Committee. The meeting was called back to order at 9:21 a.m., and proceeded as follows: COW COMMITTEE 3 JANUARY 8, 2014 Minutes of the December 11, 2013 Committee of the Whole Meeting. Upon motion duly made by Councilmember Rapozo, seconded by Councilmember Yukimura, and unanimously carried, the Minutes of the December 11, 2013 Committee of the Whole Meeting was approved. The Committee proceeded on its agenda item, as shown in the following Committee Report which is incorporated herein by reference: CR-COW 2014-01: on Bill No. 2497 A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE TO CHAPTER 4, RELATING TO THE REGISTRATION AND REGULATION OF LOBBYISTS [Approved as Amended.] There being no further business, the meeting was adjourned at 9:29 a.m. Respectfully submitted, Lori L. Marugame Council Services Assistant I APPROVED at the Committee Meeting held on January 22, 2014: JAY -- Chair, i,"'r►