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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.