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HomeMy WebLinkAboutCOM 0502.000 2008-2010 To J Y oslumoto, Council Chair ~) and Members of the Hawal'l County Council ,~- ( " From LevI Hookano, Legal Speciahst (DG9 LuG 2'1 p(l1 3 31 Date: August 24, 2009 (- (",' , , I~( JL 11\) r 1, 1/liJ ,ij Re: Communications 399 I, 482, 501, and Resolution 231-09 (Communication 499) Chair Yoshimoto and Members of the Hawal'l County Council, The purpose of this communication is to recommend that language informing the public that the Council may enter into executive sessIOn regarding the above matters be Included on the agenda under "Referrals for Executive Session" The above referenced matters appear on the September 2, 2009 Council agenda and each of those matters reference the Miimalahoa Highway Bypass A brief description of each Item IS as follows: Commumcatlon 399 I A 180-Day report from Warren H W. Lee, Director of Public Works, relating to the effectiveness of the Miimalahoa Highway Bypass. Communication 482 A request from Joseph K. Kamelamela, Deputy Corporation Counsel, requesting an executive session with the Council relating to County of Hawai 'I v C&.J Coupe Family Limited Partnership, Civ Nos. 00-1-018IK and OS-I-OISK (Consohdated Cases), Supreme Court No. 29887, and Miimalahoa Highway Bypass CommumcatlOn 501 A communication from Council Member Brenda J. Ford requesting a discussion with Corporation Counsel on the status of the "Oceanside 1250 ('Hokuh'a') project lawsUIt, construction, and bond(s)." The communication also states that this matter IS also related to the Coupe lawsuit and the Miimalahoa Highway Bypass Resolution 231-09 (Commumcation 499) ThiS IS a resolution authorizing the extension of the grant of non-exclUSive easement for limited public access over private roadways for temporary Miimalahoa Bypass through Hoku\1'a Phase I and Haleki'i Street, in the districts of North and South Kona. Because each of the above-referenced agenda items are closely related and Communication 482 is a specific request for executive session by Corporation Counsel, It Comm. No. S'O~ Ref. To: r~- Ref. Dato AUG 2 4 7m\~ is reasonable to anticipate that the Council may need to go into executive session regarding the other agenda items as well. Therefore, I recommend placing this communication on the appropnate agenda with the following description: The Council may need to hold an executive meeting closed to the public pursuant to Hawal'l ReVised Statutes ~ 92-5(4) to consult with the board's attorney on questions and issues pertaining to the board's powers, duties, pnvileges, Immunities, and liabilities regarding Communication 399.1, Communication 501, and Resolution 231-09 (Communication 499) I As stated previously, thiS IS Simply a precautionary measure in the event the discussion would best be served in executive session. An alternate recommendation, however, is simply that Council Members reserve any questions or discussion related to legal issues on the above-referenced agenda items until the Council enters into executive session as requested by Corporation Counsel 10 Communication 482. ./ If you have any questIOns, please do not hesitate to contact me. ~ LeVI Hookano Legal Specialist 1 Cf OIP op. Ltr. 03-22 (stating that executive matters not antIcIpated In advance may be discussed by amendmg the agenda).