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HomeMy WebLinkAbout07/21/2011 Regular Council MeetingCOUNCIL MEETING July 21, 2011 The Council Meeting of the Council of the County of Kauai, was called to order by the Council Chair at the Council Chambers, 3371 -A Wilcox Road, Lihu`e, Kauai, on Thursday, July 21, 2011 at 9:57 a.m., after which the following members answered the call of the roll: Honorable Dickie Chang Honorable KipuKai KuaWi. Honorable Nadine K. Nakamura Honorable JoAnn A. Yukimura Honorable Jay Furfaro Excused: Honorable Tim Bynum Honorable Mel Rapozo APPROVAL OF AGENDA. Ms. Yukimura moved for approval of the agenda as circulated, seconded by Mr. Chang, and unanimously carried. MINUTES of the following meeting of the Council: Council Meeting of June 15, 2011 Special Council Meeting of June 29, 2011 Mr. Chang moved to approve the Minutes as circulated, seconded by Ms. Yukimura, and unanimously carried. Chair Furfaro: Go to communications. Mr. Nakamura: We have communication C 2011 -214. COMMUNICATIONS: C 2011 -214 Communication (06/28/2011) from the Director of Finance, transmitting for Council information, the Period 11 Financial Reports — Statement of Revenues as of May 31, 2011, including the Statement of Revenues (Estimated and Actual), Revenue Report, Statement of Expenditures and Encumbrances, and the Detailed Budget Report: Mr. Chang moved to receive C 2011 -214 for the record, seconded by Ms. Yukimura, and unanimously carried. C 2011 -215 Communication (07/05/2011) from Councilmember Kuali`i, providing written disclosure on the record of a possible conflict of interest relating 2 COUNCIL MEETING JULY 21, 2011 to C 2011 -204 and C 2011 -205. on the July 6, 2011 Council meeting agenda and that he is recusing himself from deliberations on these matters due to his employment with the YWCA. The YWCA is a participating agency in the Office of the Prosecuting Attorney's Kauai VOCA Expansion Program and Victim Witness Assistance Program: Ms. Yuki.mura moved to receive C 2011 -215 for the record, seconded by Mr. Chang, and unanimously carried. C 2011 -216 Communication (05/17/2011) from the Chief of Police, requesting indemnification by the Council for a Letter of Agreement between Kapi`olani Medical Center for Women and Children (KNICWC), by and through its Sex Abuse Treatment Center (SATC), and the Kauai Police Department to establish and clarify the scope and nature of services to be provided to the Kauai Police Department as a member of the Hawaii Sexual Assault Response and Training (HSART) Program by KMCWC: Ms. Yukimura moved to approve C 2011 -216, seconded by Mr. Kuaii. Chair Furfaro: Mr. Chang: say 2011 -216, 2011 -217? Ms. Nakamura: Mr. Chang: Mr. Nakamura: 2011 -216. Mr. Chang: Chair Furfaro: Mr. Chang? Excuse me, Mr. Clerk; I thought I heard you 216. 216 oh okay, I beg your pardon. We're at the bottom of page one (1) on Okay, I'm sorry. Any further discussion? The motion to approve C 2011 -216 was then put, and unanimously carried. Chair Furfaro: Mr. Clerk next item. Mr. Nakamura: We're at the top of page two (2) Council Chair on communication C 2011 -217. C 2011 -217 Communication (06/23/2011) from the Fire Chief, requesting Council approval to receive and expend the Assistance to Fire Fighters Grant (AFG) to purchase a Combination Fire Safety /Sprinkler House Trailer for $130,000.00, of which the AFG would cover 80 percent or $104,000.00 and the Kauai Fire Department would be responsible for the remaining 20 percent or $26,000.00. This portable trailer with built -in simulation features will be used to educate and to 3 COUNCIL MEETING JULY 21, 2011 provide fire safety demonstrations and refresher information: Ms. Yukimura moved to approve C 2011 -217, second by Mr. Kuali`i. Chair Furfaro: Thank you. I would like to pass out to you folks; if you can pass this down to Mr. Chang... this is the actual grant and the details on the trailer. I want you to know that this is the fourth (4th) year that the Fire Department has applied for this. This is the first (1st) time the grant has actually been given approval for Kauai Fire Department. The specifics of the trailer are also attached with some of the grant writing, it models the small interior house... how to fight a kitchen fire and it's pretty self - explanatory. So we have a motion to approve and a second. I've spent some time with the training officer Mr. (inaudible) and that's how I have the grant materials. Any further discussion? The motion to approve C 2011 -217 was then put, and unanimously carried. Chair Furfaro: Next we're going to claims. CLAIMS: C 2011 -218 Communication (07/08/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Domingo A. Acupan for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Ms. Yukimura moved to refer C 2011 -218 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Kuali`i, and unanimously carried. Chair Furfaro: now. Mr. Nakamura: Reports. COMMITTEE REPORTS: Thank you. We'll go to Committee Reports Next matters for approval are Committee PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT A report (No. CR -PSE 2011 -08) submitted by the Public Safety & Environmental Services Committee, recommending that the following be received for the record: "PSE 2011 -03 Communication (6/15/2011) from Committee Chair Mel Rapozo, requesting agenda time for Jean Souza, Kauai Programs Coordinator, and Malia Chow, Sanctuary Superintendent on the National 4 COUNCIL MEETING JULY 21, 2011 Oceanic and Atmospheric Administration Hawaiian Islands Humpback Whale National Marine Sanctuary," Mr. Chang moved for approval of the report, seconded by Ms. Nakamura. Chair Furfaro: Any discussion? Ms. Yukimura: Yes Mr. Chair, I don't know if I've seen this Committee Report. Has it been circulated? Chair Furfaro: I believe it has. Ms. Yukimura: Oh, okay. I'll let it pass and if there's changes, we'll make it as we sign. Chair Furfaro: Okay any further discussion? The motion to approve was then put, and unanimously carried. Chair Furfaro: Next is the Committee of the Whole Report. Mr. Nakamura: Next Committee Report for approval is from the Committee of the Whole. COMMITTEE OF THE WHOLE REPORT A report (No. CR -COW 2011 -21) submitted by the Committee of the Whole, recommending that the following be received for the record: "C 2011 -150 Communication (04/26/2011) from Chair Shiraishi of the Charter Review Commission, requesting Council comments regarding the Charter Amendment proposal to establish a permanent Charter Review Commission, including the burden and cost to the County to support a permanent commission," Ms. Yukimura moved for approval of the report, seconded by Mr. Chang, and unanimously carried. Chair Furfaro: I would like to ask the County Attorney to come up next but I also circulated a memorandum to all Councilmembers asking that Executive Session items ES -490 and ES -491 which deals with personnel matters and reviews that in fact be deferred to the Committee of the Whole until such time that we have a full Council present to discuss those items. County Attorney, you have the floor. 5 COUNCIL MEETING JULY 21, 2011 There being no objections, the rules were suspended. AL CASTILLO, COUNTY ATTORNEY: Thank you. Good morning Council Chair, Councilm.embers. For the record Al Castillo, County Attorney, and Council Chair, do you still want me to read ES -490 and ES -491? Chair Furfaro: Yes. Mr. Castillo: Okay, I will. 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. §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 -489 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide Council with a briefing, discussion, and to request authority to settle in the cases of Kauai Springs, Inc. vs. County of Kauai, et al., Civ.07 -1 -0182 (5th Circuit Court) and Kauai Springs, Inc. vs. Planning Commission of the County of Kauai, No. 29440 [Civ. No. 07 -1 -0042] (Intermediate Court of Appeals) 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 -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. 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. 6 COUNCIL MEETING JULY 21, 2011 ES -492 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to consult with Council regarding legal issues relating to medical waste or other solid waste at the landfill and personnel 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: Members first I would like to ask for a motion to defer ES -490 and ES -491. Ms. Yukimura: Mr. Chair, I think we want to refer it to the Committee of the Whole for next week? Chair Furfaro: That's the memorandum I sent out. Ms. Yukimura: Yeah. Chair Furfaro: Oh did I say defer? Ms. Yukimura: Yeah. Chair Furfaro: I'm sorry, my apologies. So per my memorandum I'm asking for these to be referred to the Committee of the Whole on July 27, 2011. Mr. Kuah'i moved to refer ES -490 and ES -491 to the Committee of the Whole on July 27, 2011, seconded by Ms. Yukimura, and unanimously carried. Chair Furfaro: Is there anyone in the public that would like to testify on ES -489 or ES -492? Elaine? Yes. 489 is Kauai Springs and I do believe we have your testimony but come up to the mic. There being no objections, the rules were suspended. ELAINE DUNBAR: Good morning. That's what I wanted to ask you if you received my written testimony? Chair Furfaro: Yes we have it. Ms. Dunbar: Okay. Just a couple things to... 7 COUNCIL MEETING JULY 21, 2011 Mr. Chang: Elaine, you want to state your name? Ms. Dunbar: . Elaine Dunbar for the record. Mr. Chang: Thank you. Ms. Dunbar: Just a couple things to highlight on this... OHA is a State entity, OHA is opposed to this water use of Kauai Springs and it's still ongoing. The Planning Commission, the County Council, our political subdivisions of this State as well the representatives, the Counselors and the Planning Commissions are all part of this political subdivision. So OHA being a State entity, OHA disapproves of this. To give a settlement now is really premature, please defer this... not defer this, I don't think you can defer it anymore, I'm not sure... but deny it. You read my testimony and my reasons there and regarding he who seeks equity must to equity. James Satterfield was reluctant to comply with anything for years. He put the County and the public through grueling hours of testimony and research and his attitude has been really, really arrogant, really bad. He just expects things handed to him. In the beginning he had said he would never hire an attorney, this is at the Planning Commission's hearings and then he stated that after he gets rich on suing the County, he's going to sell the business to Pepsi and this is speculation. The question has come up because he's stated that his attorney is working for free, who's paying his attorney? Is it Pepsi? I don't think I need to remind everybody here the dangers of opening that door for (inaudible) it won't be just Kauai, it'll be... all islands will be affected if this goes through. This is extremely dangerous. OHA is very upset about this, they're still on it... Earth Justice is on it, Malama Kauai and let me see who else... Thousand Friends, they're all in support of the County's denials on this. So giving James Satterfield a settlement on something like this is (inaudible) a tacit approval, I mean it could be construed as a tacit approval of what he's doing. So I please ask you to deny this. Thank you. Chair Furfaro: Thank you. We will take your written testimony into the Executive Session with us. Is there anyone else that would like to testify before I call for the motion and the confirmation to go into Executive Session? If not, do we have a motion and a second? I'm looking for a motion. The meeting was called back to order, and proceeded as follows: Ms. Yukimura moved to convene in Executive Session ES 489 and ES 492 at 10:12 a.m., as recommended by the County Attorney, seconded by Mr. Chang, and unanimously carried. There being no objections, the meeting was in recess at 10:12 a.m. COUNCIL MEETING ADJOURNMENT. JULY 21, 2011 The meeting was called back to order at 3:19 p.m., and there being no further business, the meeting was adjourned. C ectfully submitted, PETER A. NAKAMURA County Clerk (ds)