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September 8, 2010
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 Wednesday, September 8, 2010 at 1:40 p.m., after which the following
members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
EXCUSED: Honorable Jay Furfaro
Chair Asing: Thank you. Please note that
Councilmember Furfaro will be here shortly. With that, can I have the approval of
the agenda please?
Mr. Kaneshiro:
Mr. Kawakami:
Chair Asing:
Councilmembers:
Chair Asing:
APPROVAL OF AGENDA:
SPECIAL COUNCIL MEETING
,.
So moved.
Second.
Any discussion? All those in favor, say aye.
Aye.
Opposed, say no. (Silence.) Motion carried.
Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: With that, I'd like to suspend the rules. County
Attorney, please?
There being no objection, the rules were suspended.
ALFRED B. CASTILLO, JR., County Attorney: Thank you, County Attorney Al
Castillo. Good afternoon, Council Chair and Councilmembers, ES-464, it's relating
to additional requirements. We just received word from Elinor Colbourn, the senior
trial attorney that comes out of the Environmental Crime Section of the United
States Department of Justice in Washington D. C. What we were going to discuss
in executive session, those requirements are no longer required. Therefore, I'd
like...I am requesting that...to withdraw this executive session.
Chair Asing: Thank you. With that, any questions? If not, I'd
like to call the meeting back to order and we're not going to, move into executive
session. So, I'd like to suggest that we take ES-464 and receive the item.
The meeting was called back to order, and proceeded as follows:
SPECIAL COUNCIL ~TING - 2 -
~ptember 8, 2010
ES-464 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 to discuss and request authority relating to
additional requirements concerning County liabilities at its facilities under the
Endangered Species Aet, 16 United States Code § 1531, et seq., and the Migratory
Bird Treaty Act, 16 United States Code § 703, et seq. This briefing and consultation
involves the consideration of the powers, duties, privileges, immunities andlor
liabilities of the Council and the County as they relate to this agenda item.
Mr. Kaneshiro: Motion to receive.
Mr. Kawakami: Second.
Chair Asing: Any discussion? All those in favor, say aye.
Councilmembers: Aye.
Chair Asing: Motion carried.
Mr. Kaneshiro moved to receive ES-464 for the record, seconded by Mr. Kawakami,
and unanimously carried.
Chair Asing: The meeting is now adjourned. Thank you.
ADJOURNMENT.
There being no further business, the meeting was adjourned at 1:42 p.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/wa