HomeMy WebLinkAbout09/03/2014 Special Council minutes (ES-754) SPECIAL COUNCIL MEETING
SEPTEMBER 3, 2014
The Special Council Meeting of the Council of the County of Kaua`i was called
to order by Council Chair Jay Furfaro, at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, September 3, 2014 at 2:06 p.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 JoAnn A. Yukimura
Honorable Jay Furfaro
Excused: Honorable Ross Kagawa
Honorable Mel Rapozo
APPROVAL OF AGENDA.
Ms. Yukimura moved for approval of the agenda as circulated, seconded by
Mr. Chock, and carried by a vote of 5:0:2 (Mr. Kagawa and Mr. Rapozo were
excused).
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).
There being no one to provide public comment, the meeting proceeded as
follows:
Chair Furfaro: I would like to call up the County Attorney.
JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: Chair, I would like
to note that we have one (1) piece of written testimony from Mr. Allan Parachini.
There being no objections, the rules were suspended.
MAUNA KEA TRASK, First Deputy County Attorney: Honorable Chair,
Councilmembers, for the record First Deputy County Attorney, Mauna Kea Trask on
behalf of the Office of the County Attorney. This is for Special Council Meeting notice
and agenda item one (1) ES-754.
SPECIAL COUNCIL MEETING 2 SEPTEMBER 3, 2014
EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §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 HRS §92-4 and shall be limited
to those items described in HRS §92-5(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-754 Pursuant to Hawaii Revised Statutes §§92-4 and 92-5(a)(4) and
(8), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, on
behalf of the Council, requests an Executive Session to allow Special Counsel to
provide the Council with a briefing in Syngenta Seeds, Inc., et al., vs. County of
Kauai, Civil No. 14-00014 BMK (U.S. District Court, District of Hawai`i), 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:
Chair Furfaro: Since there was no one from the public who
wanted to speak under the public comment period, I am going to ask for a motion to
go into Executive Session. We will do a roll call. I would also like to note that we have
five (5) members which will allow us to go into Executive Session.
Mr. Bynum moved to convene in Executive Session for ES-754, seconded by
Mr. Chock.
Chair Furfaro: Do you have a question, JoAnn?
Ms. Yukimura: I wondered about regular public comment but
it is not necessary.
Chair Furfaro: That was my announcement. While you were
talking to them, I was announcing that.
Ms. Yukimura: Okay, no problem.
Chair Furfaro: And there are no other takers.
Ms. Yukimura: Thank you.
Chair Furfaro: May I have a roll call vote?
The motion to convene in Executive Session for ES-754 was then put, and
carried by the following vote:
FOR EXECUTIVE SESSION: Bynum, Chock, Hooser,
Yukimura, Furfaro TOTAL— 5,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: Kagawa, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: We have five (5) ayes to go into Executive
Session. For the public, we will be back. We also have additional Committee work to
SPECIAL COUNCIL MEETING 3 SEPTEMBER 3, 2014
do later today, that meeting has not been adjourned. Members, no more than three
(3) minutes to gather in the Executive Session Chambers. Thank you very much.
There being no objections, the Council recessed at 2:11 p.m. to convene in
Executive Session.
ADJOURNMENT.
There being no further business, the Special Council Meeting adjourned at
3:34 p.m.
Re • tfully su- mitted,
5. . OUNTAIN-TANIGAWA
Deputy County Clerk
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