comma today we have from the department of corporation council we have the director of environmental management afternoon and we have our do we have any testifiers today ok individuals wishing to testify please sign up at the desk here at the lobby area you'll have about three minutes approximately three minutes only to testify please identify yourself or your organization which you represent and if there are any other testifiers please make yourself known i will go ahead and start up start with office are you there waiting for oh thank you miss fernandez on military office are you there and there is no one here waiting to that's why they queue and members honna is not accepting public testimony today due to some i think other priorities are not priorities i think we don't have any staff  personnel manning that district office so will go ahead and proceed with our gallery or our chamber testifier yes mr chair the first person to testify is rosemary robbins to the council are eligible to be part of this particular group affectionately called so if you hear that that's what it is counsel of the whole i'm here today to testify in the single  counsel and it identifies other papers that were sent in for this it relates to the insights and april twenty to fifteen communication and so i went to the seventh floor and as always they wonderful about making those documents available to the public everybody is welcome to come and i found the april twentieth document in there have that with us for us to reference today just in terms of today's agenda it also refers to two other seats that came in with this from march fourth in march tenth and they both referred to the fact that they could be executive sessions and that there are documents that exist that were not in the folder so that kind of leaves folks in the community feeling again left out on what the total scene might be in any way on april twentieth this communication came in from one of the deputy council members from our staff here in maui county and it was filed on april twentieth that's a lebanon days after a federal judge on the ninth of april twenty thing had again identified that this is been going on long enough this has to do with the mess up on the line as situation because it has violated the one nine hundred seventy two federal clean air act that's forty three years ago that we know about that existed and it's indicating that there will be no more delays or stays and that hopefully this is going to be an end to what had started out not to exceed two hundred fifty thousand dollars in order to hire other attorneys to come in on that not to exceed two hundred fifty thousand which is now last i had read on their new and seven hundred and fifty thousand dollars w so time to get this over with and it doesn't talk about the health of the community that's the whole point of the one nine hundred seventy two clean air and clean water act in the one nine hundred seventy four members i'm going to turn back to our district offices to just briefly check in with them on a office is there anyone wishing to testify your office is there anyone wishing to testify own one last call to the gallery seeing nine members seeing no further testimony without objections i will close public testimony ok thank you members we have a single litigation matter on today's the committees in receipt of the correspondence dated april twentieth two thousand and fifteen from the department of corp counsel requesting consideration of the proposed resolution entitled authorizing the settlement in hawaii a wild life at all versus county of molly civil number twelve dash zero zero one nine eighty s o m b m k and transmitting a copy of the order denying motion for certification for interlock atory appeal and denying motion to state proceedings filed in the case on april ninth two thousand and fifteen the first amendment the first amended complaint transmitted by correspondence dated january twenty seventh two thousand and fifteen alleges violations under the federal water pollution control act also known as a clean water act caused by the discharge of what waste water into the ocean from injection wells operated by the county at the low hight i know waste water reclamation facility the purpose of the proposed resolution is to authorize sensitive according to the department of corporation counsel plaintiffs presented an offer of settlement on april seventeenth two thousand and fifteen in addition on april ninth two thousand and fifteen the federal district court filed an order denying motion for interlocutory pill and denying motion to state proceedings i would like to ask the car corporation counsel and or special counsel calling doyle to provide any comments on the status of the case that can be made in this open session so that the public and this committee can have a full understanding of the case which whichever one of you want to proceed first you can go ahead and give us a brief background as well as  procedural posture at this time thank you thank you chair we have been here previously on this matter and the purpose of our appearance here today before this committee is to convey the latest settlement demand has been made by plaintiff's counsel in this case as archer has detailed for you that settlement offer settlement demand was made on april seventeenth two thousand and fifteen because this matter is an of litigation it is something that we will need to present to you in executive session as the chair is also pointed out to the court did deny our motor motion for certification for the interlocutory appeal and denied our motion to stay the proceedings that order is provided for in your binders and so that's something we could also discuss if you'd like to if there are some questions in open session that we could that's fine but i think for the most part a prime need to be executive coach will get into our thoughts and strategy and so forth involving those matters that would need to be executive session but our next summit conference is may fourth so this is a pressing matter we will need to get back to the judge on that day about this so at this time i would move for executive session and thank you before we move into executive session i'd like to ask the members if they have any questions that they'd like to present in open session i'd also like to remind our corporations counsel if you cannot answer these questions and if the questions please reserve those answers for executive session are members do you have any questions i have one question what is the trial calendar date convene an executive meeting pursuant to section ninety two dash five a for the wire by statute to consult with legal counsel on questions and issues pertaining to powers duties privileges and liabilities of the county