good morning the meaning of the committee of the whole shall now come to order i'm council member don guzman chair of the committee before we begin may i ask anyone who has a cell phone to please put it on silence mode i'll introduce the committee members starting williams lp as well as the honorable barry m curran united states magistrate judge for the district of hawaii along with our department of environmental management represented by the director  for our staff we have legislative attorney sharon brooks as well as committee secretary for anyone who's wishing to testify please sign up at the lobby area you will be limited to three minutes pursuant to the council rules at this time i'd like to check in with our district offices for the record the office communications are not available at this time i'll go ahead and check in with zero nine eight and do with the injection wells in the damage that has been done i came down the other day and went through the records that were in the binder upstairs one thing that i found extremely helpful and was a member docket is like the table of contents for the papers that are in there in the john chronologically so anybody else who would like to come down to the seventh floor take a right after the elevator and they're all there they'll give you see in the materials this doc is twenty three pages it has one hundred sixty two entries and it has to do with the clean water act which was enacted by the united states  financial profit corporations remember we're talking about the clean air act from seventy seven so this was twenty twelve in less than a month the county filed a motion to dismiss complaint there were multiple multiple hearings questions back and forth among czerny's and they managed to stall this through the elections of putting all these meetings that they were having with a magistrate judge before the chief justice for the ninth circuit court us which includes our geography here in hawaii  they managed to get through the election time with meetings that were held in private so there was no information going know sort of what happens with the executive sessions here when those of us is concerned citizens  leave you know all of these that they had with the magistrate judge there were no records they don't have to keep thirty seconds thank you so when you get a chance to go through this keep in mind office are you now in connection with us members i turn your attention to the jenna item how one friend litigation matters settlement authorization and status why a wildlife fund at all versus county of maui civil number twelve proposed resolution to authorize settlement of the keys transmitting a copy of the complaint the complaint alleges violations under the federal water pollution control act also known as a clean water act caused by discharge of wastewater into the ocean from the injection wells operated by the county at the la waste water reclamation facility and seeks injunctive relief penalties and attorneys fees and costs specifically the plane is alleged that the attorney that the county discharge waste water and other pollutants from his injection wells at the line a waste water reclamation facility through july to call connected ground water systems into the waters of the united states and fail to obtain it and comply with the terms of the national pollutant discharge elimination system permit last week members this committee discussed the status and potential settlement of the case we were informed by the deputy corporation counsel of the possibility of meeting with the judge in the case in united states magistrate judge perry and current as part of an ongoing settlement negotiations today we have the fortune to have judge curran here with us for that purpose a brief introduction of miss miss current the honorable judge i'm very encouraged has served as united states magistrate judge for the district of hawaii since one thousand nine hundred two prior to his appointment to the federal bench judge curran served briefly as the white district court judge after having been engaged in private practice in honolulu for several years at the onset of his legal career judge current was a law clerk to the united states judge martin pence judge curran is the past president of the federal magistrate judge associations and republic the marshall islands and instructed at the william s richardson school of law and national advocacy centers in columbia south and south carolina judge kern received his undergraduate degree from the university of hawaii with discussions corporation counsel will be requesting that we go into executive session persuade the section ninety five a for why revised statutes consult with legal counsel on questions and issues pertaining to the powers duties privileges immunities and liabilities of the county the council and the committee and to just to discuss confidential information from corporation counsel persuade to section ninety two dash five members before we go into executive session however i would like to request that corporation counsel provide us with information that can prove that can be presented in open session mr thompson or mr wong would you please briefly give us a summary of the case and operation of all four of the waste water reclamation facilities so that occurred last year and we have filed a motion to certify those decisions for appeal that terms with that said i would invite the general public to again look at the docket as it's complete and up to the filings and it's you know they're welcome to come in and  the case in the end it in a more conventional sense another judge is often assigned to participate as a settlement judge which is very much like a mediator and that is my role in this case i am not the presiding judge in this case i am not deciding any of the issues in this case that is judge mall way who who is handling that aspect of the case but my role here result in some agreement to to resolve the case you know outside the normal course of of litigation and that's and that is in my and my appearance here today really as a part of that process and what often happens in these sessions in the settlement sessions is that the settlement judge or mediator meets with the parties and attend the sessions in and in my courtroom so for a case like this you know i am more than happy to reach out and have you know that kind of meeting with an executive meeting for committee item one print three pursuant to the subsection nine hundred five a for the wire by statutes to consult with legal counsel on questions and issues pertaining to the powers duties privileges immunities and liabilities of the county the council and the committee and to discuss confidential information from corporation counsel persuade to section ninety two dollars five a subsection eight who by vice chair of the whole shall now reconvene in open session the date is march eleventh two thousand and fifteen the time is eleven forty three a m members pursuant to our discussions in executive session without objections i would like to defer this matter direct link you members this will conclude our item for today's agenda i thank everyone for being here as well as the staff and ministration and so everybody have a wonderful rest of the day thank you meeting is now