good afternoon welcome to the committee of the hall i'm don guzman the chair of the committee of the hall before we began i'd ask anyone in the gallery which there's no one there to turn off their cell phone i'd like to introduce our members for today make use excuse is michael white as well as a cochran and barbara carol might also like to check in at this time at the district offices of the district office for hannah are you there today i would also request anyone who would like to testify let me let me ask this is there anyone in the none none in the chamber ok i'm going to close public testimony thank you members we're going to go ahead and look at today's first item for the agenda is the cow one six litigation matters settlement authorization and status the douglas leoni at all versus county of mao it all civil number zero seven dash one dash zero four nine six for and two of the committee is in receipt of the correspondence dated february twenty sixth two thousand and fifteen from the department of the corporation counsel requesting an opportunity to provide a status update on the case and consideration of the proposed resolution entitled authorizing settlement of the douglas leoni and p perkins leoni versus county of mao it all civil numbers zero seven dash one dash zero four nine to print two and transmitting a copy of the complaint the complaint alleges inverse condemnation denial of sensitive due process rights and denial equal protection and demands damages including punitive damages arising out of a dispute concerning the plaintiff's proposals to construct a single family residence on their property located at four four nine two mckenna road ky hay maui hawaii community may consider whether to recommend adoption of the proposed resolution with or without the committee may also discuss the status of the case and consider other related actions today members we have deputy corporation counsel brian bilbray and he will advise us i guess he's advising us that his office has been in ongoing settlement with the discussions with the mediator retired judge joe august any comments on the case status that can be made in open session to the public for more for more of the fully understanding of the case and possible synopsis is so mr bill barry can you please give us an update and seven and the county at that time filed a motion to dismiss alleging that the plaintiffs claims were not ripe for judah cation because they hadn't gone through complete ministry to process the circuit court granted that motion to dismiss the matter would up on appeal the i c a reversed the dismissal holding that the plaintiffs claims were in fact ripe for purposes of bringing a lawsuit and as we understand that that reversal was limited to the opinion that the point is claims were right the plaintiffs have some other ideas about what that decision means and they've been making us aware of that  since the decision was overturned the punitive damages claim has been dismissed we were able to get that this missed be a motion within the last month or so and as you are aware we have settled with the la n claimants who are co plaintiffs with the leonis in this case we have in fact been in ongoing negotiations with the leonis and their lawyer and with the assistance of retired judge joel you auguste who  has been serving as a mediator in this case and working with the parties and the court to see if we can hammer out a resolution it's not been easy but the parties have made some progress as the we will need to discuss in an executive session along with the details of the proposed settlement i think it's still worth our time to have a discussion about the proposal that was made although it's been rescinded because they are still interested in  furthering discussions with us and have asked that we address some concerns they had regarding their particular proposal for settlement and that's something that we are currently doing we will in fact be having a in person discussion tomorrow with the mediator and with only plaintiff's counsel to see if we can resolve some difficulties proved to potentially obstruct a possible settlement so what i would ask is that for this matter for the moment and go into executive session at some point in time when it's convenient today and them now before we go into executive session i would ask mr bilberry to filter those questions and if you cannot respond to those questions in open session please place that on the record that the response needs to be made in an executive session so members do we have any questions in open session seeing on thank you and we will go ahead and take a vote on whether we are going to executive session entertain a motion to convene an executive meeting for the motion carries ok mr bilberry we'll call you wouldn't convene executive sessions so right now i'm going to call the next item which is members on the next item is cow one to litigation matters regarding the oceans resort villas vacation owner's association at all versus county of maui at all civil number thirteen dash one dash zero eight or eight to the committees in receipt of the correspondence dated february twelfth two thousand and fifteen from the department of corp council requesting an opportunity to provide a status update on the on the case and transmitting a copy the first amended complaint the first amended complaint alleges violations of equal protection due process and the state sunshine law the committee may discuss the status of the case and or consider other related actions  again it's going to be presenting deputy corp counsel brian bill barry and his office has received a settlement demand dated january twenty eighth two thousand and fifteen from plaintiff's ocean resort villas vacation owners association and and ocean resorts resorts villas north vacation owners association and this matter has been set for trial to commence on may sometime in may two thousand and fifteen of this year mr bill barry would you please give us a claims that are have been made in this case have to do with tax classification which was created i believe in or around two thousand and five for timeshares pulling them out of the hotel bracket and the complaint alleges that that is a violation of equal protection due process and they all have also alleged intentional conduct in animists from what we can tell what they would really like is to be reclassified as hotel that we have received a demand from them and it's rather lengthy that something to get i would like to discuss a little a little more detail in executive session before we do for a request that let me point out that the trial has been continued from may until september of this year pending some difficulties that have  five a four h r as to consult with the legal counsel on questions and issues pertaining to the powers duties privileges or immunities and liabilities that the county the council and the committee chairs secures to move by vice chair thank you mr bill very well moving on to the next item numbers item number cow one three litigation matters the settlement authorization and status of the wildlife fund at all versus county of department of corporation counsel requesting an opportunity to provide a status update on the case in the consideration of the proposed resolution the committee is in receipt of the correspondence dated march fourth two thousand and fifteen from the department of corporation zero one nine eight s o m b m k the purpose of the revised proposed resolution is to authorize the employment of michael should esquire of hunt hunton and williams l p to provide legal services related to appellate work in this matter and to authorize an increase in compensation of the employment of the special counsel by five hundred thousand for a total compensation to exceed one point seven five mil the committee may consider whether to recommend adoption of this proposed resolution with or without written revisions the committee you may also consider other related actions today we have entertain a motion to convene an executive session meaning for community a cow bash one three personally and two pursuant to the ninety five eighty four h r s to consult with the legal council on questions and issues will take a recess to set the chambers thank you discussions in executive session without objections i'd like to defer this matter no thank you members item is therefore deferred i'm calling on item number coul dash one prend to litigation matters of the ocean resort villas vacation owners association at all versus county of all civil number thirteen dash one dash zero eight four eight adjourn this meeting make you