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HomeMy WebLinkAbout01-21-2010 Special Council Meeting Minutes SPECIAL MEETING JANUARY 21, 2010 The Special Meeting of the Council of the County of Kauai was called to order by the Council Chair at the Council Chambers, Historic County Building, 4396 Rice Street, Room 201, Li1hu`e, Kauai, on Wednesday, January 21, 2010, at 8:38 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie S. Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara Honorable Derek S. K. Kawakami Honorable Bill "Kaipo" Asing APPROVAL OF AGENDA Mr. Kaneshiro moved to approve the Agenda as circulated, seconded by Mr. Chang, and unanimously carried. INTERVIEWS Council Chair Asing: We will now start the interview process. I believe that we have with the building board of appeals, Dennis Aquino. Dennis please. Dennis, before we start the process, let me dust open it up to the public first. Is there anyone in the public who wants to speak on this item? If not... Mr. Furfaro: Excuse me, Mr. Chair, before we go there, could I ask that Mr. Isobe be available so I could get some clarity on his memo today that is in response to Councilwoman Kawahara's inquiry? Council Chair Asing: Okay. JOHN ISOBE, Executive Assistant to the Mayor: Good morning Councilmembers. For the record, my name is John Isobe. I'm the executive assistant to the mayor and the administrator for the office of boards and commissions. Council Chair Asing: Good morning John. With that, Councilmember Furfaro? Mr. Furfaro: Thank you very much, John, for responding to Councilwoman Kawahara's query on board and commission applications and nominations. So John, going forward, you are going to look at either redacting or SPECIAL MEETING 2 JANUARY 21, 2010 separating or creating a new application? What exactly are you going to do going forward here? Mr. Isobe: On a going forward basis, given the request from Councilmember Kawahara, and what we will be doing is we have currently a application form on which the information that is provided on that form for appointees to boards and commissions, some of that information contained on the form is confidential information that cannot be released to the public. For those, what I'm going to refer to as the current application form, for those individuals who have filled out the current application forms, from this point forward when we transmit names of appointees, we will send to the county council two versions of that form: one version will disclose all of the information so the council has full disclosure on the information that it needs in its deliberations and decision making; we will also send a complimentary copy with that information that needs to be redacted, so if the council so chooses, they can release then that redacted form to members of the public who may request that information. In addition to that, we are now in the process of revising the current application form so that the front cover sheet of the current form will have information that in fact can be released. The back of that form will be clearly indicated that the information on the back of the form is confidential. We will transmit that new form to the county council and if the council then chooses to release the information to members who request it from the public, you can then copy the front cover and release that information without the need for redaction, but you will have both information, both the confidential as well as the public information on that form. Mr. Furfaro: And the county attorney has been involved in this process? Mr. Isobe: Right. We have had the county attorney's office review the new form and have also collaborated with the office of the county clerk on the new form. So we are trying to standardize those forms both for appointees of the mayor, as well as appointees for the county council. Mr. Furfaro: And then may I ask, was OIP consulted? Mr. Isobe We have been in conversation with OIP regarding what information can and cannot be released. We have been in consultation also with the county attorney's office, as well as with the office of the county clerk. Specifically to your question regarding the application form, no we did not show OIP the new form, but we consulted them in terms of what information can and cannot be released. Mr. Furfaro: I ask those questions because there was one other part that I was hoping that the Councilwoman that initiated this would have put in, and that was about the transmittal itself Since previous to this you had transmitted the information to us as confidential, via the packets in the application, SPECIAL MEETING 3 JANUARY 21, 2010 because they weren't separated, the issue I had spoke of, which unfortunately got stated and referred to in someone's blog as all I said is OIP wrong in this process. When the reality is, what I said was OIP has been wrong before, and referenced in fact the recent case that we won as a county, and that I also tried to clarify that there is a difference between OIP and the office of information practices and the question I posed to them is they should have asked your office this question since you office transmits to the council the documents in a packet that is labeled clearly as confidential. And so that question should have been posed to your office. So I would like to ask you if you can anticipate that question from the public and be prepared for an appropriate answer that says which pieces in the future will be transmitted to us confidential and which pieces in the future with the new form of application will be made available to the public. I just want you to anticipate that question. Mr. Isobe: Thank you, and again, just to reiterate, the new forms, once we put it into place, clearly indicates that segments of the form can in fact be released publicly and what information cannot be released. And again, under the current form and the current applications that are before you, the information on the application forms that we transmitted cannot be released publicly unless some of that information is first redacted. And in the future, as I indicated, those people who have used that current form, we will redact that information for ease of use for the council, as well as in terms of releasing it to the public. Mr. Furfaro: And before I finish with my question, I want to first of all thank Councilwoman Kawahara for her putting that question out to you. I want to thank your office for working with the county attorney, and I also want to thank you personally, John, for responding so quickly to Councilwoman Kawahara. Thank you. Mr. Isobe: You're welcome. Council Chair Asing: Yes, before we go on, John, you know, anything that you send over to us that is stamped confidential, we will not, we will not make that public. So bear that in mind when you do, because anything that you have the stamp on that's marked confidential, we will not disclose that form. And then the other form which you send over, I am going to assume will not be stamped confidential, because any information that we receive that is not stamped confidential is in fact public. So I want you to at least understand that. Mr. Isobe• I understand. Council Chair Asing: Okay. With that, Councilmember Kawahara. SPECIAL MEETING 4 JANUARY 21, 2010 Ms. Kawahara: Just for a question to you. So will there, for the council, will there be an issue between the back side being stamped confidential and the front side being okay, or.. you would accept that? Council Chair Asing: There will be no front or back. Anything that is stamped confidential is confidential. Anything that is not marked or stamped confidential is in fact public and we will, if asked, make that available to the public. Ms. Kawahara: Okay, so I dust want to be very clear, because Mr. Isobe is telling us that it's going to be a double-sided form-one side will be stamped confidential and one will not be confidential, and I want to be sure the council, since we're working together... Council Chair Asing: Why don't we ask the question to Mr. Isobe. John, did you hear the question? Mr. Isobe: Yes, I did. Council Chair Asing: Okay, and what is the answer to the question? Mr.Isobe: Yes. When the new form is...and I believe I transmitted a copy of the form. Again, the front cover of the form is public information. The back of the form clearly says that it is personal information that is confidential. Ms. Kawahara: Okay, so maybe you have to begin at the front of the public form you can put something that's very clear and says public information, so that the council has no question about the... if whether there is a conflict for the back of the form saying confidential and it's attached to the same form because it's back and front. Mr. Isobe: We can do that. Ms. Kawahara: Because it's important that we be... set this up that it's easy for you to do and for us to understand so that we release the correct information when asked. So I don't see... I don't want to seem nit-picky, but because the way things are handled and how careful we are with that, and you are, I want to be sure that we're going to be able to be able to tell really easily that this part of the application, the front part, is public. So putting it for public release okay, or something like that, would be helpful. Mr. Isobe Okay, we can so note it on the form. And as I said, I mean the form, as we were developing the form, the form was developed in conjunction with the office of the county clerk, so I believe we have a very clear understanding of what we can do and what needs to be done relative to that new form. SPECIAL MEETING 5 JANUARY 21, 2010 Ms. Kawahara: I did have questions. Council Chair Asing: Go ahead. Ms. Kawahara: So I also wanted to thank you personally for responding so quickly, and getting together all the people that needed to consult on how to handle the information and get it out to the public ...the public, the part that is available to the public. So I just wanted to wrap it up and say that in your communication back to me, the most important thing is that we at the council will be getting, when you transmit it, redacted copies or copies of applications that are public so that we can release it at the same time that we post our agenda. Mr. Isobe: That is... if that is your decision, you will be able to do that. That is correct. Ms. Kawahara: Okay, because that was important so that people could have that chance to review the applications and have any questions or comments when we do the interviews. So I appreciate that, and again, I appreciate you bringing it to conclusion so quickly and getting it done. So we will be able to have that information available as any other thing on our agenda that is posted for public viewing. Thank you very much. Mr. Isobe: You're welcome. Council Chair Asing: Thank you John. Mr. Furfaro: Thank you Mr. Chair. Council Chair Asing: With that... Okay... ROB ABREW: Aloha, my name is Rob Abrew for the record. Thank you Councilmember Kawahara for following through on this, but I would like to reiterate one thing that I heard and the Chair saying about confidential information. Under 92F-19a6 would be the law that takes precedence, limitations on disclosure that government records to other agencies. This is when the government... a government is transferred to a different agency. No agency may disclose or authorize disclosure of government records to any other agency unless their disclosure is to the legislator or a county council or any committee or subcommittee thereafter. Under section 92F-19a6, HRS, the mayor may disclose information, including confidential information, about a nominee to the council that will review the information. When the council receives confidential information about a nominee from the mayor, the council must observe the applicable restrictions on disclosure. However, the council will be required to publicly disclose certain nominee information under review when the public interest for disclosure of the information outweighs the nominee's privacy interest. The way I read this, that SPECIAL MEETING 6 JANUARY 21, 2010 is if the board and commissions or any other agency transfers confidential information to this body, this body is, you know, is able to receive that, but this body also has to release the information in that transmission that is public record Mr Furfaro: Excuse me. I think you just read ...the document says "may" release, not shall release. And this is the same rule that I tried to explain to you last week. Mr. Abrew: (Inaudible) The mayor release confidential information to this body. If... Mr. Furfaro: Sir, do you understand what I'm saying... "may?" Out of respect to Mr. Isobe's commission, I said to you you should direct the question to them, because it was transmitted to us confidential, and so I wanted to honor in that hour at that time their transmittal coming over to us as confidential. That's why I also even went as far with Councilwoman Kawahara and said, if you want to add my name to your communication, I would. The rule that you dust read is what I was talking to you about last week. You "may," not shall. And so we were honoring the confidential transmission, because it was a "may." The rule says may. Mr. Abrew: I understand that councilmember, but I also understand under 92F that that's the mayor's option for the board and commission offering to send confidential or not send confidential. If the mayor sends confidential information that this body is required to redact any kind of private information or any kind of (inaudible) information that is considered private, and release the public side. Mr. Furfaro. But I don't want to get in an argument with you about this. But if you remember my comment to you, not was what you had waha inside the paper saying I told you we didn't do it or we weren't... or OIP was wrong. I said your correspondence should be directed at Mr Isobe, saying to him, the rule says you may, would you consider sending over with the material either redacted or in a different form. That was the first step we were talking about yesterday. So I'm going to end my comment here to say this is what I was trying to transmit... You may shrug your shoulders and you may nod your head, but clearly that was what I was trying to transmit to you-go to Mr. Isobe's office with your query. Mr. Abrew: I was referring to a letter that council received back in January 2005 that stated this body must release this information, and (inaudible), in four years, why hasn't this body done anything to release the information? Mr Furfaro• I'm dust going to end my comment here. I was referencing the rule you dust read to us as being may, okay? You read a letter that came from one of the seven councilmembers regarding that. That was that SPECIAL MEETING 7 JANUARY 21, 2010 confidential document's question in her correspondence. It didn't answer what I was asking you to do, was to communicate to Mr. Isobe, whose office is the one that transmitted it to us confidential. Mr. Abrew: You're the holder of the record. Mr. Furfaro: So did you correspond to them? Mr. Abrew: I have been in correspondence with them. Mr. Furfaro: Okay. Well I'm very glad to say that Councilman Kawahara has, and they responded to her, so we were able to share this material today with you. Thank you. Mr. Abrew: I just want you to understand that this body also has a responsibility to redact confidential information for release as public information. Council Chair Asing: Mr. Taylor? ALFRED CASTILLO, JR., County Attorney: Excuse me. Al Castillo, County Attorney. Can we please stick with the agenda item and not debate what the law is on confidentiality and what is in the province of the boards and commissions and/or this council? Mr. Furfaro: Mr. Castillo, I want to say to you that I will abide by your request to stay at the agenda. I will remind the audience that the request to have Mr. Isobe come up was to explain an item that came up on last interview process about the question, and since my answer was misquoted, misstated, I felt there was an opportunity to make sure that I reconfirmed what was in Mr. Isobe's communication to this council, and I will abide by your recommendation to stick to the actual interviews. Mr. Castillo: Thank you. Council Chair Asing: Thank you. With that, Mr. Taylor. KEN TAYLOR: Chair, members of the Council, my name is Ken Taylor. I appreciate what ...this discussion that went on, but I'm very concerned that it's not an agenda item. Mr. Furfaro: That's what the county attorney just reminded me about. Mr. Taylor: I understand that, but on a number of occasions in the past, individuals from the public has gone up here and gone off the subject of SPECIAL MEETING 8 JANUARY 21, 2010 agenda items, it was immediately shut down. I am very disappointed that it was after the discussion took place and the presentation from John while the attorney sat there quietly and said nothing, I mean I don't care how we run meetings, but it has to be consistent one way or another, and the discussion that took place in reference to this document that's before you right now is in violation of the sunshine law. It's not an agenda item. Mr. Furfaro: Thank you Mr. Taylor for reminding us. I was referring to something that was an untrue statement that was misquoting me. Perhaps my passion got a little better of me. I'm very happy that Councilwoman Kawahara here has in fact stated clearly what those answers are Now with that, I will do a better fob, including when you and Mr. Mickens come up and deviate from a question and I try to respond to you and it may be stretching the agenda, I will be more cautious in the future. So there are two sides to this One is to appreciate getting more information that the public presents, and secondly, to correct any misgivings. Because the public has far broader ability to stretch an agenda item than any members on the council. And it was in the spirit of trying to correct the misstatement. I will behave in such a way going forward to be more regulated as to the interpretations. Mr. Taylor: My comments are not in reference to your comments. My comments... Mr. Furfaro: I understood. Mr. Taylor: are in reference to allowing John to get up here and discuss something that's not on the agenda. Mr Furfaro• But I did take it too far, and I agree Council Chair Asing: Thank you. Is there anyone else in the public who wants to speak on this item? If not, I will close this portion of the public participation, and with that, can we have Dennis up, please? BUILDING BOARD OF APPEALS: • Dennis Aquino, Fire designation - Term ending 12/31/2011 Council Chair Asing: Good morning, Dennis, how are you doing? DENNIS AQUINO: Fine. Council Chair Asing: Dennis, before we start the interview process, I'd like to open it up for you to share any information you care to share with the councilmembers whatever you want to share, your experience, how you feel. what you've done... SPECIAL MEETING 9 JANUARY 21, 2010 Mr. Aquino: Basically, I was born and raised here on the island of Kauai, attended the local high school. After high school, I spent a stint in the military. After my stint in the military, I came back home and worked about a year for some hotel as a security guard, and spent another year and a half working for a construction company. And I entered the fire service, spent thirty-two and a half years actual service, with two and a half years accrued sick leave which ended my service in the fire department with thirty-five years. Of the thirty-two and a half years in the fire department, I spent twenty-one years in the fire house, or fire line as they say, and another eleven and a half years in the fire prevention bureau, which duties include fire inspection, fire education, code enforcement, fire investigation, and public education. Spent some time in the community officiating county basketball, as well as coaching county basketball. I spent about nearly thirty something years coaching girls' basketball, varsity basketball, here at the local high school. And I'm currently working as the tech assistance for the U.S. Department of Ag, called animal, plant, and health inspection service at the airport on a part-time basis. And basically that's it. I'm at your tender mercies right now. Council Chair Asing: Thank you. With that, Councilmembers, any questions? Councilmember Bynum. Mr. Bynum: Dennis, I just wanted to thank you for your years of service on the fire department and the volunteer efforts that you talked about. That experience seems perfect for the building board of appeals, and I'm very ...I think you'll be... You're an outstanding candidate, and I appreciate very much your willingness to serve the community in this volunteer position. Thank you very much. Mr. Aquino: Thank you. Council Chair Asing• Any other questions? Councilmember Furfaro. Mr. Furfaro: Chair, I just want to say first of all, thank you very much for stepping forward. Most of the times I've seen him in his role, I was on the other end of an inspection from the fire department, whether it was walking through the dry standpipes, checking pressures on hydrants, looking at particular issues in the kitchen, hoods, vents, and so forth, I have to tell you, I think he's ideal for the position that we are considering him for. Thank you. Thank you for stepping forward. Mr. Aquino: Thank you. Council Chair Asing: Thank you. With that, any other questions Councilmembers? Councilmember Chang. Mr. Chang: It's a more of a thank you also, Dennis, for all your service here on Kauai. You making the local people and the local boys proud, born SPECIAL MEETING 10 JANUARY 21, 2010 and raised here on Kauai, and thank you for your service in the fire department, your service in coaching the kids, and I think any of us that have to travel for pleasure or business also enjoys seeing you as we go through agriculture inspection, and thank you for taking care of the local residents, as well as the tourists, and sharing the aloha out there. So I believe you're an excellent candidate, and I plan to fully support you. Thank you. Mr. Aquino: Thank you. Council Chair Asing: Any other questions Councilmembers? If not, Dennis, I just want to say thank you very much. I've known Dennis for a long, long time, and excellent individual, many good traits, and thank you for volunteering your time to all the community. Appreciate that, so thank you, Dennis. Mr. Aquino: Thank you. Council Chair Asing: With that, can we have Linda up, please? Good morning Linda, how are you doing? COST CONTROL COMMISSION: • Linda Faye Collins - Term ending 12/31/2011 (replacing Lorna A. Nishimitsu) LINDA FAYE COLLINS: Good morning Chair Asing and Councilmembers. Council Chair Asing: Good Linda, why don't you share any information you care to share with the Councilmembers. Ms. Collins: A little bit about my background. I was born and raised in Waimea, Kauai, quite a few years ago. I stayed here in the islands till I went away to college, and then was married, and spent about 25 years in California where I raised my family, and I was an educator and I worked as a paralegal, and then went to work for a development company. I returned to the island about 20 years ago and worked for Kikiaola Land Company, which is a land development company, plus we have a hotel, the Waimea Plantation Cottages, and I've been the president there for the last 14 years and just recently retired. I have been on several boards. I am currently the chair of the Kaua`l region for historic... for the Hawaii Health Systems Corporation, which is two hospitals and five clinics. I think that... I am the finance chair on that, and they have a budget of about 50 million dollars, not quite as much as the county, but I have had, as president of the company and as a member of finance committees of various nonprofit organizations, have extensive experience with budgets, budget review, and managing budgets. Council Chair Asing: Thank you. With that, councilmembers any questions? If none, thank you very much. I appreciate your... SPECIAL MEETING 11 JANUARY 21, 2010 Ms. Collins: I meant to say, I don't really have much confidential information in my life. Council Chair Asing: Well, with that, thank you very much. You know, I've had you before all of us before, so you know, that's the reason most of the time I don't ask any questions because we've gone through this process before. So I just want to thank you again for all your assistance in giving back to the community. So appreciate that. Ms. Collins: I'm happy to have this opportunity too. Council Chair Asing: Thank you. With that, there being no other items on the agenda, this meeting is adjourned. Thank you. ADJOURNMENT There being no objections, the Chair adjourned the meeting at 9:08 a.m. Respectfully submitted, PETER A. NAKAMURA County Clerk