to please turn off your cell phones or put it in silence mode i'd like to introduce our members for today this afternoon mr carroll good afternoon good of to do this by say good afternoon good afternoon mr couch good afternoon  welcome members before i begin i'm going to make a short announcement for those who would like to testify please sign up in the lobby when you come down to the podium please state your name and organization in which you represent we'll have about three minutes to testify you'll be notified upon the last minute to conclude your statements i'm going to go ahead and check in with their district offices to see if they're on line on office can you please identify yourself but after noon office are you there can you please identify yourself concerned citizen can i request that this be read by a staff member so it doesn't come out of my brief three minutes which i don't know are you talking we're talking about c o w one three you wanted a brief description of i don't know i'm asking if that if what's on your agenda can be read by a staff member so it doesn't come out of my three minutes oh we always do read it prior to the subject matter being presented on the floor and us and then ok but that doesn't affect my three minutes i'm asking if that could be done now so that the viewing public will know what we're talking about i think it's already we're always we're already going to do that so i don't believe that it's necessary at this point so you can go ahead and testify ok so then answer is no then ok so at the end of the week and the end of the day two days before the trial is due to begin list we have had a delay and i haven't heard about it this was filed by environmentalists i'm not part of the groups that did that but i don't disagree with them that we need to really watch out for people's health and it has to do with the injection wells up on the west side that turned out to be proven carrying contaminates into the ocean this this has been going on for years it was filed by those folks in april twelve the docket shows that the county made no written response until fourteen twenty fourteen and since that has gotten on the federal trial list there's been plenty of action most of it saying we need more money in order to hire more people in order to defend us against  me of the story of the youngster that went into the confessional bless me father for i have sinned i stole the rope never mentioned the cowan the end of the rope huge ramifications going on huge ramifications in terms of people's health and i always seem to be talking about is money how much money is it going to cost us to continue the repeated requests for upping the ante for the lawyers that we've hired from outside of the  county nobody's talking about health nobody's talking about the well being the damage is being done has been done so i would ask that we take a look at the mentality that's coming up also on the state level we h earlier this week about problems with no oversight for chops that should be done that are malefic to people's health please don't keep upping the ante this is a terrible precedent to being set you're asking for the six up the ante today thank you very much ms robinson any further questions for a testify or seeing none thank you very much for your testimony welcome ok we'll check in with our district offices in an office is there anyone wishing to testify ok very good thank you ladies have a good week and afternoon members i'm going to go ahead and turn your attention to a genda item cow one print three litigation matters settlement author hawaii wildlife fund at all versus county and valley civil number twelve zero zero one nine eight s so in the end cave the committees in receipt of the following correspondence dated july twenty first two thousand and fifteen from the department of corporation counsel requesting consideration of the proposed oh i apologize without objection as i will like to close public testimony  e correspondence stated july twenty first two thousand and fifteen from the department of corporation council requesting consideration of the proposed resolution entitled authorizing settlement in hawaii wildlife fund at all versus county of mali civil number twelve guys zero zero one nine eight and so m b m k the first amended complaint alleges violations under the federal water pollution control act also known as the clear clean water act caused by the discharge of wastewater into the ocean from injection wells operated by the a waste water reclamation facility the purpose of the proposed resolution is to authorize settlement of the case we also we have correspondents dated july twenty ninth two thousand and fifteen from the department of corporation counsel zero one nine eight s o m d a cape the purpose of the proposed resolution is to authorize five hundred thousand in addition an additional compensation to the hunt and williams lp a special counsel in this case for a total compensation not  exceed two million seven hundred fifty thousand i wouldn't also note to our members that previously we did authorize the settlement of the case by resolution fifteen dash seventy five adopted on july seventh two thousand and fifteen i would like to ask our corporation counsel mr wong and either the deputy corporation counsel on this thomson or the special counsel in this doyle to provide any comments on the proposed settlement and any other requests from the additional compensation that may be made in open session so mr wong it's your thank you chair i just have a few opening remarks that we can see in open session  with all due respect to the testimony that this body has just heard i'd like to provide some insight into some of the actual factual information first of all so we're clear that the trial is not set for next week it's been continued in november and the purpose of that was to allow us to further negotiate the prospect of a resolution with the plaintiffs that you  and your committee has authorized our department to pursue secondly let us recall that the lawsuit that was filed against the company was primarily for sol for us to seek and acquire a discharge permit and p d s permit it was not about what was being discharged it was the fact that we did not have one and we still have a fundamental disagreement about the application of the clean water act to our injection wells and part of that is going to be dealt with as we move forward in this litigation  part of our issues on appeal so there is no collet and of any rope here and i'd like to clarify again that we are very close to resolution of this claim you've authorized as we've engaged and i want to be able to present the final terms and conditions to you in executive session which  just so we all are on the same page was not we were not able to get to this point of resolution absent the assistance and capable litigation skills of our special counsel  cleaned doyle home in the abundance of caution i would allow our other members here to speak but i would prefer to have the rest of the discussion in the executive session thank you you a member score and feel free to ask questions and corporation counsel indicate whether he can answer those questions in open session or not so members seeing any questions in open session ok seeing and there has been a request to enter and into executive session the chair will entertain a motion to convene executive meeting pursuant to section ninety two dash five a four for the revised statues to consult with legal item call one eight for the litigation matters settlement authorization regarding alvan have giardina third versus state of hawaii it all civil number thirteen dash  two brand to the committees in receipt of the correspondence dated february twenty fourth two thousand and fifteen from the department of corporation counsel requesting consideration of the proposed resolution entitled authorizing settlement of alvin damages for his for his incarceration relating to conviction for first several nine hundred ninety felonies which were later vacated the purpose of the repose reza lucian is to authorize settlement of the case i would like to i think we have here the deputy corporation counsel more on a this is your case to provide comments on the case and open session the floor is yours thank you chair i am here to request or discuss settlement potential in this matter and the basic facts are that in one thousand nine hundred one the plaintiff was convicted of sexual assault and other related offenses including kidnapping and was sentenced to twenty years in prison in two thousand and eleven the innocence project on his behalf filed a motion for a new trial and the court granted that the basis for granting that new trial was that there was newly discovered d n a evidence that was found on a fabric that the victim had been raped on the evidence is basically mucous and it did not match the plaintiff's d n a the plaintiff later filed a lawsuit against the state of hawaii this state of antonio openness and the county of maui and the claims are really primarily a malicious prosecution type of claim the state is no longer in this lawsuit the state of antonio flynn is likewise is not in this lawsuit in the only defendant currently is the county of maui we did have a settlement discussion with the court earlier this year is about february of this year and we are here to present some information on that settlement conference and to discuss with you some of the issues related to that the members are because the allegation was that the imprisonment was unlawful however it was pursuant to a court order a minimum issued ordering the state to hold him so the state basically got out without needing to file a motion once they provided the plaintiff counsel case law and so forth on that they let him out of this state of antonio foon is doesn't exist it was disbanded years ago he died i think in the end of ninety somewhere around there and so there is nothing left of that estate and that's why he was dismissed but in any event he was our employee at the time of the investigation of the sexual assault case there and the other questions ok i have a question procedurally wise were we in the case we're currently just pending settlement discussions with this body there are no trial dates before us and we just had that settlement discussion with the court in february and he's waiting to hear what this body would like to eight five a four of the of h r s to consult with legal counsel on questions pertaining to powers duties privileges or immunities and liabilities the county council and this committee so by mr couch and any further discussion seeing that all those in favor say aye aye aye all those opposed to no there's five i's no nos for excuse motion carries thank you members i'm going to take a recess so that we may reset the chambers for executive session all versus county of maui at this time without objections members i would like to for that matter thank you in regards to the second item which is the authorization in increase in funding k the entitled resolution i would i would like to entertain a motion for an adoption of said resolution moved by mr carrol no further discussion all those that favor say aye six eyes three excused or she carries no say no nos three excuse motion carries thank you members moving on to the next agenda item mr couch any further discussion seeing nine all those in favor say aye of the supposed has no six eyes no nos three excuse the motion carries that