HomeMy WebLinkAbout08-04-2010 Special Council Meeting Minutes
SPECIAL COUNCIL MEETING
August 4, 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, August 4, 2010 at 1:05 p.m., after which the following
members answered the call of the roll.
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W Kaneshiro
Honorable Lam T Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
PETER A. NAKAMURA, County Clerk: First item is approval of the agenda.
Chair Asing: Thank you.
APPROVAL OF AGENDA.
Mr Furfaro moved for approval of the agenda as circulated, seconded by Mr Chang,
and unanimously carried.
Chair Asing: Let's see, let's start with the county attorney
There being no objection, the rules were suspended.
ALFRED B. CASTILLO, JR., County Attorney- Thank you. Good afternoon,
Council Chair and Councilmembers, Al Castillo, County Attorney Executive
Sessions 457 and 459
ES-457 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4), (6) and (8),
and Kauai County Charter section 3.07(E), the purpose of this executive session is
to provide the Council a briefing, update and to request authority for a possible
settlement proposal on County of Kauai vs. Lady Ann Cruises, Inc., et al., Civ No.
09-1-0165 (Fifth Circuit Court), 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.
ES-459 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 for
briefing and consultation with legal counsel and authority to act regarding proposed
offer of Agreement for Kealia Kealanani. Makee & Kumukumu Subdivision 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.
And Council Chair, if I may, on ES-460 and ES-461, I would like to.. I'm
requesting that. I would like to withdraw the request for executive session on both
since we do have that covered in ES-459
The meeting was called back to order, and proceeded as follows:
SPECIAL COUNCIL MEETING - 2 - August 4, 2010
Chair Asing: Okay With that, I'd like to call the meeting back
to order and at the request of the county attorney, ES-460 and 461 be received for
the record. Can I have a motion?
Mr Furfaro: Move to receive.
Mr Chang: Second it.
Chair Asing: Thank you. Any discussion? All those in favor, say
aye.
ES-460 Pursuant to Hawaii Revised Statutes Sections 92-4 and
92-5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County
Attorney requests an executive session with the Council to discuss legal issues
pertaining to negotiations for the acquisition of public property located at Kedlia,
Kauai, Hawaii. 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. Mr Furfaro moved to receive ES-460 for
the record, seconded by Mr Chang, and unanimously carried.
ES-461 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-
5(a)(3), and Kaua'i County Charter Section 3.07(E), the Council will enter into
executive session to discuss negotiations for the acquisition of public property
located at Kedlia, Kauai, Hawaii. Mr Furfaro moved to receive ES-461 for the
record, seconded by Mr Chang, and unanimously carried.
Chair Asing: We're now going to move into executive session.
Can I have a motion to do so?
Mr Furfaro: Let's move into executive session.
Mr Bynum. Second.
Chair Asing: Any discussion? All those in favor, say aye.
Mr Furfaro made a motion to move into executive session, seconded by Mr Bynum,
and unanimously carried.
Chair Asing: We are going to move into executive session.
Thank you.
The meeting was recessed at 1:07 p.m. to move into executive session.
ADJOURNMENT
The meeting was called back to order, and there being no further business,
the meeting was adjourned at 3.47 p.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
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