2018-11-28 Meeting Minutes (EMC)

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d. Discussion of a proposal to examine alternatives to funding sewer service and other alternatives that may help address the cesspool conversion process, and form a study committee Chair Bennett said this item is connected to a previous item that has been moved to January, so it will be stricken from the agenda. 6. EXECUTIVE SESSION a. Environmental Assessment for the proposed Pāhala Wastewater Treatment Plant (in executive session due to a civil lawsuit – Demoruelle v. Beck et al., Civil No. 18-1-00206) Mr. Kamelamela said he could do a short presentation on what the lawsuit is about in regular session. However, if the commissioners have legal questions on the merits of the lawsuit, they would need to go into executive session. Chair Bennett said he understood the purpose of this agenda item was to discuss the EMC’s issues and concerns about the environmental assessment for the proposed Pāhala WWTP. The EA is in another comment period which is almost over, and if the EMC wants to submit comments for the record, they need to be provided before the closing date. Mr. Kamelamela said he was not sure what the deputy corporation counsel had said at the prior meeting, but the concern is the commissioners making comments that could be contrary, or detrimental, to the County’s position in the lawsuit. Chair Bennett said the EMC has not been able to comment, as a commission, on the published EA. Did he understand correctly that if they have issues and concerns about the EA, they could only comment as individuals and not as a commission? Mr. Kamelamela said yes, they could comment as individuals but not as representing the commission. There is a process in place. Comments can be sent to the consultant directly. Chair Bennett said he was confused. Was the commission not to make any comments on the EA in any form or manner? Mr. Kamelamela said if they wanted to get into it, they should go into executive session, and this is why previous counsel had said to limit their comments. The problem is that there is a lawsuit, and there are county employees who are parties in the lawsuit. The EMC is part of the county, and what the commissioners say can be used against the county in the lawsuit. If there were no lawsuit, they could talk about the EA. But at this time, because of the lawsuit, he is advising them not to discuss it. Corporation Counsel gives the same advice to any other client of the county if there is a pending lawsuit. Chair Bennett said, in looking at the bigger picture, any issue that comes before the EMC about which there is a lawsuit effectively stifles the EMC’s input to the county. Mr. 11