at this time i'd like to open a floor for testimony for individuals testifying in the chamber please sign up at the desk outside at the chamber door if testifying from remote testimony site please sign up with district office staff the money will be limited to the items listed on the agenda today pursuant to the rules of the council each testifier will be allowed to testify for up to three minutes the chair will also be alone so the committee is in receipt of correspondence dated april twenty eighth twenty sixteen from the department of the corporation concert requesting consideration of proposed bill entitled a bill for an ordinance authorizing the mayor of the county of him oh we to enter into an intergovernmental agreement with the united states and by mentor protection agency for settlement of violations at raceway park the purpose of the proposed bill is to authorize the mare to enter into an intergovernmental agreement with the united states environmental protection agency to settle alleged violations relating to a large capacit eight zero zero eight zero three seven in violation of to save drinking water act the committee may consider whether to recommend passage of their proposed bill on first reading with or without revisions the committee may also consider other related action excuse me members but at this time before we go any further i'd like to introduce members of the administration and our corporation columns and our staff people sitting in a gallery on behalf of the director of excuse me it's robert helper says robert help us thank you thank you and i'm not sure if we have a representative from the park thousand and five the e p a required that all large capacities test pools the e p a environmental protection agency required that all large capacity cesspools were to be closed and they did find those as anything having the capacity to serve more than twenty people twenty people or more per day about the same time there was an executive order forty twenty four that was issued by the state of hawaii dated december fourth two thousand and three setting aside two hundred twenty two point six two six acres at the maui raceway park for the purpose of the public and recreational use so we have the two thousand and three set aside by executive order of the two thousand and five april mandate to close cesspools and on june third two thousand and five the county accepted the property in the executive order forty twenty four pursuant to resolution number of five dash eight eight so we have a sequence of events happening kind of simultaneously and pool at the mary raceway park was not closed on april fifth two thousand and five and two thousand and fifteen e p a wrote a letter to that parks apartment and the county of maui notifying us that because we had failed to close it in a timely fashion they would be taking a civil penalty action against the county unless the county entered into settlement negotiations we promptly entered those settlement negotiations we've gone back and forth with e t a a number of times they've come up with probably what's their best and final offer and we're here today to seek authority to interest settlement he meant called a consent and final order or a case i can answer any further details about that at this time or if there's anything that might be  you have any questions at this time open session mr holcombe a german thank you i would ask that hebrew helpful for this committee if we have the time line sequence of   any property that would be owned or controlled whether by lease such as this or that this under county control or operation the e p a would hold a violation against the county so as far as whether or not this i suppose should have been closed prior to the you know prior to two thousand and five we know that the that even here regulation is fairly clear whether the state should have done it before they transferred it over to the county possibly so i think that asthma shepherd said the timing is such that it most likely escaped notice both of the county at that time and the state i think the follow up question would with would be could we go back to the state and ask them to pay part of this penalty or seek some kind of redress from them and it's unlikely a big successful in that  think one of the things that the e p a has said to us through this negotiation though is that they have been very pleased with the parks department's response to the parks department immediately closed and did everything that was required of the sharper yet that was in use and it was being used primarily on race day and during races out there the user groups also staged numerous portable restrooms to accommodate the big crowd we went back and forth and talked about capacity and ability to serve and the state actually department of health has a little bit different definition it's a little bit in conflict with the federal definition they talk about the state talks about receiving sanitary ways for more than twenty persons per day but the federal talk about capacity to serve certainly on race days there were more than twenty persons on other days there may have been far less than twenty persons but they don't do any kind of averaging it's just th council received it was a two year gap then they made in the middle of that they made the the initial announcement a b day at any time between two thousand and thirteen and two thousand and fourteen and at that point that's when the parks department closed their restroom all together and staged probe permanent portables there at the site so the restroom was locked and closed upon that notification i think the notification was in two thousand progress or act that's wonderful federal government no warnings or anything to do wit when they were out here and somebody offhandedly mentioned something about that and said then that triggered them to go look at that particular site and then they bogost on that very diligently so the notice my guess is that was in two thousand and five was notice or statewide orders or national notice national notice there was federal law and then for our parks department side in two thousand and five is there any documentation that we received that notice or our or at least  federal federal regulation was going to be that the effective date was april two thousand and five we had some prior notice to that to what i understand that each department went through and looked at its facilities and identified cesspools might be considered large capacity under that definition and there was at that time a county white suite to close the cesspools and either put in some different type of facility like a septic system or if it was able to be connected to the sewer system that went that went on during that time and the best that we can you know friends or glee put together is that this facility escaped that suite at that  time and the parks department by the nature of his operations would have these types of cesspools in operation in the two thousand time from two thousand and five timeframe so they did probably the most closures of any focused just on the maoi raceway park settlement agreement assessable closure i would caution that we should probably handle that type of question in a it somewhat to your concern to see whether if there are other departments as well to take care of well ask those questions executive session any further questions in open session mr couch  my concern would be that the timelines situation because one of peace is executive order it doesn't get accepted until council approves or you know ex ups and so the question is where was the it was given and that kind of thing is so i can see how that kind of would have gotten lost in the works don't know because  executive order for us to take over the property and when was that granted or it was adopted on june third two thousand and five two thousand and five and then when was the national federal i guess a law  executive order we have to maybe learn from this lesson and make sure that there's no federal issues property issues or incumbrances on it which would lead to one of our items to cross reference with that difference is the only thing i see different is section three in the binder states there are copies certified copies are given to so and so on got basically on its own make up and that's without going through the council so i deleted that section and basically if there's an amendment that needs to calm through that council the previous  language was basically on the mayor's own initiative he could make an amendment without having to go back to the council so i deleted that language  executive meeting pursuant to section ninety two five a four h r s to consult with legal counsel pertaining to questions of the duties powers privileges and immunities muni's the liabilities that the county this council and the committe it all civil number fifteen dash one dash zero four two one trend one department of corporation counsel is requesting the opportunity to provide a status update of this case our members as you can call this is the case in which the county has filed a complaint among others that the contractor in this contract five one four nine as amended related to the construction of the proposed he community center fail to number one submitted construction schedule or to commence work on the site and number three provide performance bonds as required by the contract the complaint also alleges that the contractor's bonding agent breached its obligation pursuant to the performance and payment bond out on the contract when we last met members we are on the matter on april fifteenth two thousand and sixteen the committee requested that deputy corporation counsel mr bilberry i consider the issue of department proceedings i'm he is here to update us and in regards to that issue as well as further matters that he may relate to in open session mr bilberry this is your case you ma present thank you chair as this matter is litigation or to get closer to that might please yes yes as this matter is in litigation i would request that we be allowed to go into executive session to discuss further the informally the process for department proceedings i have looked at the statute and because i will be discussing eyes no nos two excuse motion carries thank you members moving on to the next item cal one twenty six litigation matter status and settlement authorisation of dukie versus county a civil number fourteen dash one dash zero four one five one current two corporation counsel is requesting consideration of the proposed resolution to authorize selman of this case the complaint alleges disability discrimination against the mr ricard determination as a police officer on or about december thirty first two thousand and thirteen the committee met on this matter on november sixth two thousand and fifteen and on january twelfth two thousand and sixteen the counsel previously authorized settlement of the case by resolution sixteen dash two parent lee there has been some updates to the negotiations in the settlement matters in which m will present to this committee mr bill very this is your case you may present in open session thank you again chair we were able to have a meeting recently with the mediator with mr ricardo and his excuse motion carries thank you members moving on to the next item on today's agenda you have cow one thirty seven this is a settlement authorization bit of  their deputies has a record request consideration of this proposed resolution to authorize settlement of the case members you've heard this case previously this was a personal injury case that occurred on or about settlement of this case beis resolution sixteen dash sixty four there has been an update as to the settlement and more negotiations has occurred for mr bill barry will update the coun request to enter into executive session pursuant to section ninety two dash five a for the h r ass consult with their legal counsel on questions regarding to regarding powers duties privileges and immunities and liabilities committee the hall shall not reconvene an open session members after our pursuit to our discussion in executive session i will be calling on item number one thirty eight this is the matter of the sentiment author authorizes of the mayor to enter into intergovernmental agreement with the u s environmental protection agency and the case number is even though no case number yet so this is a tax map key for the property to three bill entitled the bill ford an ordinance authorizing the mayor of the county of ny to enter into an intergovernmental agreement with united states environmental protection agency for settlement of the alleged violations that  no no as to excuse motion carries thank you members moving on to the next item on the agenda is the proposed he could community center litigation in maui vs maui welcome porno builders l is cow one twenty six status and settlement authorization of duke or cardio versus county and now it all civil number fourteen dash one dash zero four five one print two without objections members i'd like to defer that to our discussions in executive session the chair will recommend a top entertain a motion to adopt the recommendations and the all the the propose