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HomeMy WebLinkAbout05-05-2010 Special Council Minutes SPECIAL COUNCIL MEETING May 5, 2010 The Special 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, May 5, 2010 at 8:36 a.m., after which the following members answered the call of the roll. Honorable Tim Bynum (present at 9.02 a.m.) 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 Chair Asing: Thank you. With that, can we have the first item please? PETER A. NAKAMURA, County Clerk: The first item is approval of the agenda. APPROVAL OF AGENDA. Mr Furfaro moved for approval of the agenda as circulated, seconded by Mr Chang. Chair Asing: Any discussion? If not, Peter Mr Nakamura. Yes. Chair Asing: What I'd like to suggest is that we not act on this communication at this time. Let's move into executive session first and then come back and act on this item. So with that I'd like to call the county attorney up Mr Nakamura. Council Chair Chair Asing: Okay, we have a motion now, so with that, why don't we approve the agenda first. Can I have a motion to approve the agenda. Ms. Kawahara. Second. Chair Asing: All those in favor say, aye. The motion to approve the agenda as circulated was then put, and unanimously carried. SPECIAL COUNCIL MEETING -2- May 5, 2010 Chair Asing: Now we're back to the county attorney County Attorney? There being no objection, the rules were suspended. MICHAEL DAHILIG, Deputy County Attorney- Good morning, Chair Asing, members of the council, Mike Dahilig, Deputy County Attorney 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 County-sponsored stream clearing activities in and around Wailapa Stream and Kilauea River 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-437 Pursuant to Hawai'i 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 County-sponsored stream clearing activities in and around Wailapa Stream and Kilauea River 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. Chair Asing: Thank you. With that, I'd like to call the meeting back to order and have a motion to move into executive session. The meeting was called back to order, and proceeded as follows: Mr Furfaro: So moved into executive session. Ms. Kawahara. Second. Mr Furfaro moved to go into executive session, seconded by Ms. Kawahara, and unanimously carried. Chair Asing: We're going to move into executive session. The meeting was recessed at 8.38 a.m. to move into executive session. The meeting was called back to order at 9.08 a.m., and proceeded as follows: Chair Asing: This meeting is now called back to order We're on communication 2010-118. I'd like to have a motion to approve. SPECIAL COUNCIL MEETING -3- May 5, 2010 COMMUNICATION C 2010-118 Communication (04/29/2010) from the Administrative Assistant, requesting Council concurrence to seek sponsorship of a project to clear debris in and around the Wailapa Stream and Kilauea River area in Kilauea. Mr Bynum moved to approve C 2010-118, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: This meeting is now adjourned. ADJOURNMENT- There being no further business, the meeting was adjourned at 9.08 a.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /wa