HomeMy WebLinkAbout2005-12-14 agendaCOUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, DECEMBER 14, 2005
1:00 P.M.
Cc_)UNCIL CHAMBERS
Historic County Building
4396 Rice Street, Room 201
Lihu`e, Iiaua`i, Hawaii
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the followine meetines of the Council:
Regular Meeting of December 1, 2005
Public Hearing of December 1, 2005 re: Bill No. 2157, Bill No. 2158 and Bill
No. 2159, Bill No. 2160, and Bill No. 2161
CUMMUNICATIUNS:
C 2005-407 Communication (11/17/2005) from the Director of Personnel Services,
transmitting for Council information, the fourth quarter reports
(April-June) relative to vacancies, established positions, new hires,
reallocations, and promotions within the County. (Corrfiderrti.cil r~epor~ts
oru file tiro the Couruty Clerk's Office)
C 2005-408 Communication (12/06/2005) from C'ouncilmember Kaneshiro,
transmitting for Council action, a resolution urging the County
Recreation Agency to establish a policy requiring sports leagues and
organizations to adopt rules that ensure equal access to participants
with disabilities when using the County's parks. (See Resolution
No. ?005-66)
C 2005-409 Commnunication (12/02/2005) from the Mayor, submitting for Council
action, his appointment of Richard S. Iioenig, Jr. to serve a first term
on the County of Iiaua`i Board of Review. (See Resolution No. ?005-71)
Council Meeting Agenda 2 December 14, 2005
C 2005-410 Communication (11/18/2005) from the County Engineer, transmitting
for (~'ouncil action, amendments to the FY 05-06 (~'IP Budget,
Ordinance No. B-2005-683, as follows:
a) reappropriation of $88,570.00, unrequired balance from
completed projects (Wailua Homestead Park camera security
system and Anahola Park improvements), and
b) transfer of $109,000.00 from the Unappropriated Surplus, Park
Trust Fund,
to the Park Improvement and Equipment, Kawaihau District, Special
Trust Fund for Parks and Playground to fund improvements at Kapa`a
New Park to include scoreboard for football/soccer field, bleachers,
chainlink fence, and locker room facilities.
(See Proposed Dr~cift Bill No. 2162 cirud Proposed Dr~cift Bill No. 2163)
C 2005-411 Communication (11/22/2005) from the Prosecuting Attorney,
requesting (~'ouncil approval to:
a) receive and expend $1,500 of State Asset Forfeiture Funds to
partially fund the purchase of a Motorola 800 MHZ portable radio for
their Special Investigator; and
b) process a $2,000 appropriation transfer from Salaries &
Wages to Ufflce Equipment to fund the balance to purchase the
above-referenced equipment, which moneys are available due to a
vacant Deputy Prosecuting Attorney position.
C 2005-412 Communication (11/28/2005) from the Mayor, requesting Council
approval to accept Mrs. Joanna Carolan's donation of a
proposed 12 ft. x 15 ft. the mural to be entitled THE PRICE OF
FREEDOM IN HONOR OF THOSE WHO HAI E SERI ED, which
will be mounted in the Kauai Veterans' Cemetery outdoor
amphitheater, with an unveiling and dedication to take place at the
Memorial Day Ceremony scheduled for May 80, 2006 at the Hanapepe
Kauai Veterans' Cemetery.
C 2005-413 Communication (11/18/2005) from the Executive on Housing,
requesting Council approval to execute a land lease with Iiaua`i
Housing Development C'oxporation, at a nominal lease fee for a period
of 61 years or more, to develop 40 rental housing units at Kalepa
Village-Phase 3 (Lot 4), to maximize the probability of a Low Income
Housing tax credit award from the Housing and Community
Development Corporation of Hawaii.
C 2005-414 Communication (11/28/2005) from Melvin Matsumura, Wastewater
Management Division, requesting Council approval to hire up to
two (2) temporary project managers to administer all SRF-funded
contracts, which include: 1) Waimea WWTP Backup Effluent Injection
Well System, 2) Lihu`e WWTP Digester Repair, 3) Marriott WWPS
Improvements, 4) Wailua WWTP Improvements, 5) Islandwide Udor
Control System, 6) `Ele`ele Subdivision Collector Sewer
System, 7) Waimea WWTP Expansion, Ph. I, and 8) Islandwide
SCADA System Upgrade, to be funded by the construction
management allowances as permitted by the appropriate SRF loans.
Council Meeting Agenda 8 December 14, 2005
C 2005-415 Communication (11/28/2005) from Melvin Matsumura, Wastewater
Management Division, requesting Council authorization of the Mayor
or the Director of Finance to request for and execute State Water
Pollution Control Revolving Fund Loan/Grant Applications and
Agreements with the State of Hawaii Department of Health, for the
upgrade and integration of the Supervisory Control and Data
Acquisition (SCADA) systems for four (4) wastewater treatment plants
to operate as a common single system, for an estimated loan amount
of $1,892,585. (See Resolution No. 2005-67)
C 2005-416 Communication (11/28/2005) from Melvin Matsumura, Wastewater
Management Division, requesting Council authorization of the Mayor
or the Director of Finance to request for and execute State Water
Pollution Control Revolving Fund Loan/Grant Applications and
Agreements with the State of Hawaii Department of Health, for the
development and implementation of an islandwide odor control system,
for an estimated loan amount of $2,519,148. (See Resoluti.orr
No. 2005-68)
C 2005-417 Communication (11/28/2005) from Melvin Matsumura, Wastewater
Management Division, requesting Council authorization of the Mayor
or the Director of Finance to request for and execute State Water
Pollution Control Revolving Fund Loan/Grant Applications and
Agreements with the State of Hawaii Department of Health, for the
design and construction of the Waimea Wastewater Treatment Plant
expansion, Phase 1, for an estimated loan amount of $12,090,070.
(See Resolution No. 2005-69)
(~' 2005-418 Commnunication (11/23/2005) from Mel Matsumura, Wastewater
Management Division, requesting Council authorization of the Mayor
or the Director of Finance to request for and execute State Water
Pollution Control Revolving Fund Loan/Grant Applications and
Agreements with the State of Hawaii Department of Health, for the
development of a phased system rehabilitation program to replace the
aged `Ele`ele Subdivision Collection System, for an estimated loan
amount of $1,264,800. (See Resolution No. 2005-70)
C 2005-419 Communication (11/30/2005) from Douglas Haigh, Chief, Building
Division, requesting Council approval to apply for, receive, and
spend $500,000 of federal funds for planning services for the Nawiliwili
to Ahukini phase of the Nawiliwili to Anahola bike and pedestrian
path project.
C 2005-420 Communication (11/30/2005) from Douglas Haigh, Chief, Building
Division, requesting Council approval to hire aproject/construction
manager, funded through grants and budgeted CIP projects, for facility
developments of the Lydgate to Kapa`a Bike & Pedestrian Path
Design & Construction, Ahukini to Lydgate Bike & Pedestrian Path
Planning & D/B Construction, Iiuna Bay to Anahola Bike & Pedestrian
Path Planning & D/B Construction, ADA County Facilities
Improvements Construction, and Lydgate Sport Fields Design &
Construction.
Council Meeting Agenda 4 December 14, 2005
C 2005-421 Request (12/02/2005) from the Charter Review Commission for an
additional appropriation of up to $100,000 for special counsel to advise
the Charter Review Commission.
C 2005-422 Request (12/02/2005) from the Ufflce of the County Attorney,
requesting approval to expend up to $14,000 for special counsel
Reinwald (_)'C'onnor & Playdon to continue representation of County
Defendant Martin Curnan in Mark N. Beelev v. County of Kauai,
Iiaua`i Police Department, et al., Civ. No. 03-00162 DAE/IiSC and
related matters.
C 2005-423 Request (12/07/2005) from the Office of the County Attorney for
authorization to expend up to $100,000 from the special counsel
account to engage the services of special counsel to advise the County
on its rights, privileges, and immunities with regard to pending
police-related claims against the County and the Iiaua`i Police
Department, and to advise the County on risk mitigation strategies
and plans. (reuisi.oiti to C 2005-401 request)
C 2005-424 Communication (12/08/2005) from Council Vice Chair Tokioka,
declaring a conflict of interest on Resolution No. 2005-66, relating to
equal access to participants with disabilities at County parks, clue to
his personal involvement in the issue.
C 2005-425 Communication (12/08/2005) from C'ouncilmember Rapozo,
transmitting for Council action, a resolution authorizing a performance
audit of the Solid Waste Division of the Department of Public Works,
pursuant to Section 3.12(B), Charter of the County of Kauai.
(See Resolutionu No. 2005-72)
C 2005-426 Communication (08/29/2005) from Wallace liudo, P.E., Chief,
Engineering Division, transmitting for Council action, a traffic
resolution establishing a 10-minute loading zone on Pe`e Road in the
vicinity of Po`ipu Patens Condominium, as requested by Mr. Robert
Yount. (See Resoluti.oiti No. 2005-73)
C 2005-427 Commnunication (12/08/2005) from Councihnember Yukimura,
requesting Council approval to indemnify Wells College as it relates to
a student internship with the Council involving firsthand experience in
the legislative arm of government.
Council Meeting Agenda 5 December 14, 2005
LEGAL DOCUMENTS:
C 2005-428 License agreement with Moloaa Hui Lands, Inc. fora 10-year lease
from November 1, 2005 to June 80, 2015, for use of the 800 Mhz
repeater site in Moloaa for $200.00 per month; and Ordinance
authorizing the execution of a long-term license agreement with
Moloaa Hui Lands, Inc., transmitted to the Council for action by the
Mayor in a communication dated 11/80/2005. (See Proposed Dr~cift Bill
No. ?164)
(~' 2005-429 State Lease No. DOT-A-05-0012 (Port Allen Airport), authorizing the
Department of Transportation to lease 67.34 acres to the County for
a $25.00 monthly rent for 65 years, from July 1, 2006 through June 30,
2071, to provide a regional park and expanded recreational
opportunities for the Westside coimnunities, transmitted to the Council
for action by the Mayor in a communication dated 11/23/2005.
CLAIMS:
C 2005-430 Commnunication (11/18/2005) from the County Clerk, transmitting a
claim filed against the County of Kauai by Andrew S. Winer, on behalf
of Denise Kalani, for personal injuries, pursuant to Section 28.06,
Charter of the County of Kauai.
C 2005-481 Communication (11/18/2005) from the County Clerk, transmitting a
claim filed against the County of Kauai by Dr. Jon Van Cleaves for
damages to his personal property, pursuant to Section 28.06, Charter
of the County of Kauai.
C 2005-432 Communication (11/25/2005) from the County Clerk, transmitting a
claim filed against the County of Kauai by Duane T. Souza for
damages to his vehicle and personal injuries, pursuant to
Section 23.06, Charter of the County of Kauai.
COMMITTEE REPORTS:
ECONOMIC DEVELOPMENT COMMITTEE REPORT:
CR-ED 2005-4: on Bill No. 2161 A BILL FUR AN ORDINANCE TU ESTABLISH A
NEW ARTICLE 5, CHAPTER 23, KAiJA`I COiJNTY
CODE 1537 RELATING TU THE CREATION OF A
"IiAUA'I MADE" DESIGNATION FUR. (QUALIFYING
KAiJA`I PRODUCTS
[Approved as amended.]
Council Meeting Agenda G December 14, 2005
ENERGY & PUBLIC SAFETY COMMITTEE REPORT:
CR-EPS 2005-9: on Bill No. 2157
AN URDINANCE AMENDING URDINANCE NU. B-
2005-632 AS AMENDED, RELATING TO THE
UPERATING BUDGET FUR. THE CUUNTY OF
KATJA`I, STATE OF HAWAII FOR THE FISCAL
YEAR JTJLY 1, 2005 THROUGH JTJNE 30, 2006, BY
REVISING THE SURPLUS AND APPRUPRIATIUNS
ESTIMATED IN THE GENERAL FUND
(POLICE $35,152)
[Approved.]
PARKS & PUBLIC WORKS COMMITTEE REPORTS:
CR-PPW 2005-17: on PPW 2005-G
Commuiucation (11/30/2005) from Troy Ii. Tanigawa,
SWPAO, submitting a plan for the lateral expansion
at Iiekaha Phase II Landfill which includes an
itemized cost estimate, a projected timetable and snap
for the proposed project.
[Received for the record.]
CR-PPW 2005-18: on Bill No. 2158
CR-PPW 2005-19: on Bill No. 2159
AN URDINANCE AMENDING URDINANCE NU. B-
2005-632 AS AMENDED, RELATING TO THE
UPERATING BUDGET OF THE CUUNTY OF
KATJA`I, STATE OF HAWAII, FOR THE FISCAL
YEAR JTJLY 1, 2005 THROUGH JTJNE 30, 2006, BY
REVISING THE SURPLUS AND APPRUPRIATIUNS
ESTIMATED IN THE HIGHWAY FUND
(<$1,200,000>, Fuel Tax, Highway Fund Estimated
Revenues 3, <$1,2llll,llllll>, Contx2bution to Highway
Fund- CIP, Islandwide Resurfacing)
[Received for the record.]
AN ORDINANCE AMENDING ORDINANCE NO. B-
2005-632 AS AMENDED, RELATING TO THE
OPERATING BTJDGET OF THE COTJNTY OF
IiAUA'I, STATE OF HAWAII, FUR. THE FISCAL
YEAR. JULY 1, 2006 THRUUGH JUNE 30, 2006, BY
RE~'ISINGTHE STJRPLTJS AND APPROPRIATIONS
IN THE GENERAL FUND (CIP - $1,200,000,
Islandwide Resurfacing Program)
[Received for the record.]
PLANNING COMMITTEE REPORT:
CR-PL 2005-16: on Bill No. 2143 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 3, KATJA`I COTJNTY CODE 1937,
RELATING TO ZONING DESIGNATION IN
'ELE'ELE, IiAUA'I (A 3 B Properties, Inc.,
Applicant) [Approved as amended.]
Council Meeting Agenda 7 December 14, 2005
CR-PL 2005-17: on PL 2005-7 Connuuiucation (11/x/2006) from Mel Rapozo,
Councilmember, requesting the presence of the Planning
Du~ector to give an update on the status of access issues and
permitting on Uneone Road, Ha ena.
[Received for the record.]
COMMITTEE OF THE WHOLE REPORT:
CR-W 2005-15: on C 2005-401 Request (11/26/2006) from the Uffice of the County Attorney
for authorization to expend up to $100,000 from the special
counsel account to engage the services of John Iiomeiji, Esq.
of Watanabe Ing 3 Iiomeiji LLP, to advise the County on its
rights, prxvxleges and immunities with regard to pending
police-related claims against the County and the I~aua'i Police
Department and to advise the County on x2sk mitigation
strategies and plans. [Received for the record.]
RESOLUTIONS:
Resolution No. 2005-64, RESOLUTION CONFIRMING MAY( )RAL
APP(_)INTMENT T(_) THE P(_)LICE C(_)MMISSI(_)N (Thomas M. Iannucci, First
Term) (Deferred 12/1/2005)
Resolution No. 2005-66, URGING THE REOREATION AGENOY OF THE
Cc_)UNTY OF IiAUA'I OFFICES OF Cc_)MMUNITY ASSISTANCE Tc_) ESTABLISH
A P( )LIOY REC~IUIRING SP( )RTS LEAGUES AND ORGANIZATI( )NS UTILIZING
THE Cc_)UNTY'S PARKS Fc_)R THEIR ACTIVITIES Tc_) ADc_)PT RULES THAT
ENSURE EC~IUAL A00ESS TO PARTIOIPANTS WITH DISABILITIES
(See C 2005-408)
Resolution No. 2005-67, RES(_)LUTI(_)N AUTH(_)RIZING THE MAY(_)R UR
THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO REC~UEST
Fc_)R AND EXECUTE STATE WATER Pc_)LLUTIc_)N Cc_)NTRc_)L REVc_)LVING
FUND LOAN/GRANT APPLICATIONS AND AGREEMENTS WITH THE STATE
OF HAWAII, DEPARTMENT OF HEALTH, Fc_)R THE ISLANDWIDE SCADA
SYSTEM UPGRADE, PR( )JEOT N( ). 015005918 (See C 2005-415)
Resolution No. 2005-68, RESOLUTION AUTHORIZING THE MAY( )R OR
THE DIRECTc_)R OF FINANCE OF THE Cc_)UNTY OF IiAUA'I Tc_) RE(aUEST
F( )R AND EXECUTE STATE WATER P( )ELUTION OONTR( )L REVOLVIN( x
FUND Lc_)AN/GRANT APPLICATIc_)NS AND AGREEMENTS WITH THE STATE
OF HAWAII, DEPARTMENT OF HEALTH, FOR THE ISLANDWIDE ODOR
Cc_)NTRc_)L SYSTEM, PRc_)JECT Nc_). 015005917 (See C 2005-416)
Council Meeting Agenda 8 December 14, 2005
Resolution No. 2005-69, RES(_)LUTI(_)N AUTH(_)RIZING THE MAY(_)R UR
THE DIRECTc_)R OF FINANCE OF THE Cc_)UNTY OF IiAUA'I Tc_) RE(aUEST
Fc_)R AND EXECUTE STATE WATER Pc_)LLUTIc_)N Cc_)NTRc_)L REVc_)LVING
FUND Lc_)AN/GRANT APPLICATIc_)NS AND AGREEMENTS WITH THE STATE
OF HAWAII, DEPARTMENT OF HEALTH, Fc_)R THE WAIMEA WASTEWATER
TREATMENT PLANT EXPANSIc_)N, PHASE I, PRc_)JECT Nc_). 015004704
(See C 2005-417)
Resolution No. 2005-70, RES(_)LUTI(_)N AUTH(_)RIZING THE MAY(_)R UR
THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO REC~UEST
F( )R AND EXECUTE STATE WATER P( )ELUTION CONTR( )L REVOLVING x
FUND LOAN/GRANT APPLICATIONS AND AGREEMENTS WITH THE STATE
OF HAWAII, DEPARTMENT OF HEALTH, F( )R THE ELEELE SUBDIVISION
COLLECTI( )N SYSTEM, PR( )JECT N( ). 015005012 (See C 2005-417)
Resolution No. 2005-71, RESOLUTION CONFIRMING MAY( )RAE
APP(_)INTMENT T(_) THE B(_)ARD OF REVIEW (Richard S. Koenig, Jr.,
First Term)
Resolution No. 2005-72, RES(_)LUTI(_)N AUTH(_)RIZING A PERF(_)RMANCE
AUDIT OF THE SOLID WASTE DIVISION, DEPARTMENT OF PUBLIC WORKS,
PURSUANT TO SECTION 3.12(B) OF THE KAUAI COUNTY CHARTER
Resolution No. 2005-78, RES(_)LUTI(_)N ESTABLISHING PARKING
RESTRICTIONS ON PE`E R( )AD. PO`IPLr. COUNTY OF KAUAI
BILLS Fc_)R FIRST READING:
Proposed Draft Bill No. 2162 - AN ORDINANCE AMENDING ORDINANCE
Nc_). B-2005-683 AS AMENDED, RELATING Tc_) THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1,
2005 THRc_)UGH JUNE 80, 2006, BY REVISING THE SURPLUS AND
APPR( )PRIATI( )NS ESTIMATED IN THE SPECIAL TRUST FUND F( )R
PARKS & PLAYGR(_)UNDS ($88,570.00 -Park Improvements & Equipment,
Iiawaihau District) (See C 2005-410)
Proposed Draft Bill No. 2163 - AN ORDINANCE AMENDING ORDINANCE
Nc_). B-2005-683 AS AMENDED, RELATING Tc_) THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1,
2005 THRc_)UGH JUNE 80, 2006, BY REVISING THE SURPLUS AND
APPR( )PRIATI( )NS ESTIMATED IN THE SPECIAL TRUST FUND F( )R
PARKS & PLAYGR(_)UNDS ($109,000.00 -Park Improvements & Equipment,
Iiawaihau District) (See C 2005-410)
Council Meeting Agenda 9 December 14, 2005
Proposed Draft Bill No. 2164 - A BILL F(_)R AN URDINANCE
AUTHORIZINcx THE EXECUTION OF A LONcx-TERM LICENSE AcxREEMENT
WITH M(_)L(_)A`A HUI LANDS, INC. (See C 2005-422)
BILLS Fc_)R SECc_)ND READING:
Bill No. 2150 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 8,
ARTICLE 4, KAUAI COUNTY CODE 1987, RELATING TO DEVEL( )PMENT
STANDARDS WITHIN THE RES(_)RT DISTRICT (Defer~r~ed 12/1/2005)
Bill No. 2151 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9,
IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) PUBLIC ACCESS-WAYS
(Defer~r~ed 12/1 /2005)
Bill No. 2152 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 9,
IiAUA'I Cc_)UNTY Cc_)DE 1987, AS AMENDED RELATING Tc_) SUBDIVISIc_)NS
(Deferred 12/1 /2005)
Bill No. 2143, Draft 1 - A BILL F( )R AN ORDINANCE AMENDIN( x
CHAPTER 8, IiAUA'I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) Zc_)NING
DESIGNATION IN `FLE`ECE, KAUAI (A & B Properties, hic., Applicant)
(See PL Committee r~ecommerrdciti.orr to cippr~oue cis cimerrded CR-PL-2005-16)
Bill No. 2157 - AN ORDINANCE AMENDING ORDINANCE
Nc_). B-2005-682 AS AMENDED, RELATING Tc_) THE OPERATING BUDGET Fc_)R
THE COUNTY OF KAUAI, STATE OF HAWAII F( )R THE FISCAL YEAR
JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND
APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND (Police-$85,182)
(See EPS Committee recommendation to approve - CR-FPS 2005-9)
Bill No. 2158 - AN ORDINANCE AMENDING ORDINANCE
N( ). B-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR
JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND
APPR( )PRIATI( )NS ESTIMATED IN THE HIGHWAY FUND (<$1,200,000>, Fuel
Tam, Highway Fund Estimated Revenues & <$1,200,000>, Contribution to Highway
Fund-CIP, Islandwide Resurfacing) (See PPW Committee recommendation to
r~ecei.ue for the r~ecor~d - CR-PPW 2005-18)
Council Meeting Agenda 10 December 14, 2005
Bill No. 2159 - AN ORDINANCE AMENDING ORDINANCE
N( ). B-2005-632 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR
JULY 1, 2005 THROUGH JUNE 30, 2006, BY REVISING THE SURPLUS AND
APPR(_)PRIATI(_)NS IN THE GENERAL FUND (CIP-$1,200,000, Islandwide
Resurfacing Program) (See PPW Committee recommendation to recei.ue for fire
r~ecor~d - CR-PPW 2005-19)
Bill No. 2161, Draft 1 - A BILL F(_)R AN ORDINANCE T(_) ESTABLISH A
NEW ARTICLE 5, CHAPTER 23, KAUAI COUNTY CODE 1987 RELATING T(
THE CREATI(_)N OF A "IiAUA`I MADE" DESIGNATI(_)N F(_)R (aUALIFYING
IiAUA`I PR( )DUCTS (See ED Committee recommendation to approve as amended-
CR-ED 2005-4)
EYECUTIVE SESSI(_)N: 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 tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus
held iar Executi.ue Session are closed to fire publi.c.)
ES-194 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8);
92F-13(1), (2), (3), and (4); and 92F-14(b), the purpose of this executive
session is to deliberate and make a decision upon a proposed
settlement of a workers' compensation claim, and evaluate an
employee's ability to return to work. This deliberation or decision
making involves a matter that requires the consideration of
information that must be kept confidential as it concerns a significant
privacy interest. The significant privacy interest relates to a medical
history, diagnosis, condition, treatment, or evaluation and which,
pursuant to state or federal law, including Health Insurance
Portability and Accountability Act, are protected from disclosure.
(Deferred 12/1 /2005)
ADJOURNMENT.
NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANC~UAC~E
INTERPRETER AND INTERPRETERS FOR NON-ENGLISH
SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5)
DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK,
4396 RICE STREET, ROOM 206, LIHU`E, IiAUA`I.
TELEPHONE NO. 241-6371.