of graduation a time to celebrate again also but also take to take recognition mr chairman of the dedication of our young people that put forward in their educational and evers and well it is a great time of celebration some know it's a time for caution in our celebrations we've had too many losses in past years of our young people during celebrations of being involved in some very and fatal incidences and we hope to minimize or eliminate those type incidents seems so i would say as part of graduation we would also say to be cautious but in celebrating and entering adulthood and the challenges of life outside of high school i would hope that our young people take the opportunities to find and explore new opportunities to get away from the comfort of the so called hole and expand and go and seek out and dare to make mistakes chris through those efforts ability to learn and improve as well as to achieve certain dreams becomes more of a reality and so we tell our guests our young people it that in life they will be facing a lot of hard decisions such as the members of this council and like in life the great majority of those difficult decision since will not be popular but if they believe in their philosophy they believe in what is right and wrong i believe they will always make the right decision based on what people and so with that i would see our congratulations to our seniors our best wishes to their for future endeavors and a job well done to their family and friends who encouraged and supported them through the years of education thank  providing nothing but static at this point so we can proceed with testimony in the chamber as well would like to turn this off turn off until we can restore just call back ana and let the other districts know that if they have somebody come in to testify to please notify  offer testimony in the chamber please sign up at the desk located at on the eighth floor lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda and pursuant to the rules of the council each testif to testify for up to three minutes with one minute to conclude if requested and when testifying please state your name and the name of any organization you represent  morning chair members of the prayer executive director of the h g a of every morning q very much for having me we are here to testify in strong support of the operating budget proposed before you and in particular the funding for the initial contract for the newly created bargaining unit fourteen which ramai county includes ocean safety what we commonly would characterize as lifeguard employees this is a particularly important issue for us because as i mentioned it is a first contract for this bargaining unit where we have attempted to create a compensation package to the arbitration process to ensure that these individuals who perform first responder services for the county are provided a compensation package commensurate with the skills that they bring to the job as well as the risks that they face and while we recognize that the console in three or previous deliberations has identified a number of legitimate concerns about the bargaining process we do appreciate the fact that weighing all of that the budget committee has determined to put into the operating budget the appropriate funding for this important contract and certainly i'm not going to make you pro we thank you very much for making a personal appearance before this council this morning one of the things that i'm sure you've heard from various employee represented senators is the  as far as ratifying the payment of those countries do you still believe that at this point in time statewide collective bargaining is still has its place for public employees do you see us going our independent only i do believe that there are pros and cons to a statewide collective bargaining process and you know certainly could elaborate for a while i suppose in that conversation i would strongly urge that if the console of discount soul and other counties were looking at the possibility of seeking statutory change that would separate the jurisdictions into different bargaining groups that you similarly weigh the pros and cons because most certainly there are advantages in some instances but at the same time i think is this coun noted in in your prior discussion and some disadvantages to being lumped together with other jurisdictions i'm not i don't want to characterize myself as ambivalent about the subject but i have long felt that it's inevitable and maybe appropriate that at the legislature this deep meet be had given where our state is today and i in doing so perhaps then the employers because it's really more an employer question the employers can kind of debate and determine which is the best path when the collective bargaining law was enacted in one nine hundred seventy it made sense perhaps to have a unified employer group but maybe now in two thousand and sixteen it's time to revisit the question so you'll note that i'm skillfully avoiding saying yes or no that i agree or disagree but i do believe that it's time for the debate chairman if i may have one follow up and i appreciate your skillful response to that question for her or the other concern that we have as far as and again you know this coming year fourteen collective bargaining contracts will go back to the people for that one thing so saying that would your organization your membership be supportive because one of the things that i have been made aware of they believe it's time for us as employers representatives to consider seriously is to look at the whole all fourteen units and look at a wage comparison and see if there are structural adjustments that are needed to ensure structural integrity from unit one to unit fourteen and i don't think we've done that in recent should they say decades maybe never but is that something you're organisation would be supportive of if we move that forward absolutely and i would say that unequivocally we would wholeheartedly support such an effort and i think  i could certainly cite bargain a unifor team today as an example and with our appreciation to this council for your so far favorable consideration where you take a look at the as i mentioned earlier the skills needed as well as the risks that these employees assume clearly you can say that you can place them within that hierarchy of all occupations at a certain level relative to other occupational groups i can worked for the now for just over thirty years and i don't recall ever seeing the employers either jointly or individually assessing and doing a legitimate and and appropriate comparison of job responsibilities in very clearly in two thousand and sixteen we're far removed from the one nine hundred seventy s or eighty's where jobs were i can still remember having to do with carbon paper the jobs organizing a new group which is also in safety and law enforcement to get that correct ok and so the last question i have for you is being that this has been one of those real challenge areas because we had been so used to t lifeguards and in my county the lifeguards was on the park as you well know which they were doing pools and then you had a group there was doing ocean you had two different groups all lumped into one and now we've separated them do you feel that what we've been able to achieve disappoint is fair and palatable for disproof of people and their risk each and every day well to that so i have to be very careful because i have a number of my members sitting in waiting to hear my answer yes and i know that you asked  question because they were waiting but i think the arbitration process provided with the unfortunate circumstances is that the parties could not come together in a voluntary agreement which necessitated then the use of an outside party an arbitrator or an arbitration panel pardon me to settle to settle the matter arbitration inherently implies a certain amount of compromise and i think what's before you reflects to some degree a compromise of i'm not going to say that the compensation package is unfair by any means and we certainly do appreciate the fact that the that the amount of money needed to fulfill the agreement is being appropriated but there are many components to an agreement and i think for both the employers side there are some issues that i do understand we are continuing conversation with this county and others to try to address as well as for us the ongoing to the point that consumer will come a suggested the ongoing comparison of responsibilities say between this group and other first responders i could give you an answer at this moment in time but for us it's a it's a very fluid thing because the contract consists of a lot of different issues wages and working conditions and it wouldn't be appropriate for me to just say you know ok the pay is finds that means everything is good another evasive answer perhaps but for us it's a very fluid process that where we on our side do attempt to make comparison with the responsibilities of other jobs this way while i may be skating the question about whether or not they consider this to be everything is fair with our appreciation it's certainly better thank you very much thank you to the other question members but i've got one sir we have an agreement here that is going to require this county to spend twice the  amount of the increase that we've gotten in t eighty from the state over the last eight years we've gotten a total of five hundred eighty thousand dollars a year increase and it's now much more than that over the last eighteen years during the past eight years the counties all four counties are spending one hundred seventy million dollars more per year on just parks fire and police the groups that mostly interface with with their visitors during that hundred seventy million dollar increase we've gotten all four counties two point two million dollars of additional revenues to offset the provision of services to the visitors this particular contract arjuna fourteen i think is a prime example of a visitor related service that we should be more than willing to fund but at the same time we're not getting much help from the from the state would your organization be in favor of supporting the county's request for additional funding since the t eighty has grown while the g t has grown from one hundred twenty six million to the projection for this coming fiscal year about four hundred seventy million our share has grown from one hundred point three to one hundred three so that two point seven million dollars increase over about eighteen years so is there some willingness in your organization to assist us in our efforts to get a fair share like we've done or been asked to do for the ocean safety officers i will confess mr chair that this year we were not public in our advocacy but i will assure you that the h g a has and will continue to stand in support of increasing the county's share of the t t i was born and raised on the big island i know that now that the counties taken in the short end from the state routinely and i think you can count on us and and understanding the situation as it is today i least i can i can assure that we will be a bit more public with our advocacy but we have always supported an increase in for in part the very reason you stated because the counties provide needed services to the state if you will and in particular to the visitor industry and it's unfair to it's an unfair mandate for the counties to continue to bear a greater and greater share without some additional assistance thank you absolutely members any other comments there goodman thank you thank you very much for being married for having i only had one cup of coffee today so anyway i really do appreciate you taking the time to calm down and converse with us i mean although you're limited three minutes in any process especially this  one where it is the first time in many years that a new union has been created and inception of it and we've had to go through some growing pains in the process i haven't been all that happy with the process but by moving forward and i'm having this dialogue i would hope that this would continue and this collaboration and this this type of con conversation will continue  in the future so that we won't come into a you know a situation that we recently had so thank you with a thank you thank you very much i know that you were having with my apologies to the council i would have been here last week for the budget committee but your meeting rosemary robbins testifying on committee report sixteen dash eighty one sixteen dash eighty four hundred thousand to the highway beautification and disposal of abandoned vehicles revolving fund and decreasing the road bridge and drainage maintenance program highway by the same amount because makes me wonder why we weren't anticipating what those costs were going to be there's certainly room for improvement in that his f moving water we see that going down a coma road and right across the road to hana when it's on that side of the island which is more frequent than it is i put it i am not in both cases serious situations so we need to make sure that we take a look at the past what got us to where we are with being overestimating getting money for it and then not using it for what it was intended for a problem with the phone up perhaps involved in there so you can make a decision as you see fit on that but that's just the beginning of what needs to happen to make sure that we get out of this threat  estimate and carefully and monitoring as we go along and for heaven sakes using the money before it just sits around gaining nothing until it accumulates to things like four hundred thousand  agenda today item sixteen eighty four in the budget and finance committee this is two different pieces pieces one is about wastewater projects and the other one is about drinking water treatment moen funds any time we see something that says alone we can use the  same rate that we're going i don't know when that adds up to seventeen million dollars that's the one for the waste water projects the one for the drinking water treatment revolving loan  fund is fourteen million so that is thirty one million just on those two paragraphs and the additional debt that we're accumulating is in the same words  went back to read it as what happened with the money that was involved in the injection miles situation where we ended up having   and then to pay off the debts for those attorneys and they were all worded not to exceed and then they came in five different two exceeds and it went from a half a billion dollars to three and a half million dollars we've got such a pattern of what's going on here and it's not serving us well so i'm encouraging you not to just get stuck in that pattern that has been going they are also the first backup to battalion one which there is the rest of my colony during incidents they involve that involve life safety and large incidents the battalion chiefs are responsible for being the incident commanders so safety is paramount another subject is the ocean see the merger with the support of the mayor's office and staff both my department and department of public parks and recreation area and willing to move forward with the merger however we need to receive funding for the following items that were deleted prior to this first reading the seven ocean safety officers are necessary to create manpower to cover manpower shortages in some cases with oss that would mean imminent uniformed employees in comparison to our brothers and sisters in blue and p d has the support staff of approximately one hundred forty three and their uniform staff is approximately three hundred sixty six with the dition of sixty five two our uniform three fourteen this will give us a total of three seventy four and it's unrealistic to expect the twelve stuff that we have now to support the three hundred seventy four please urge you to think about that automotive mechanic position we have four mechanics for one hundred twenty plus vehicles trailers jet skis you name it we got it they're coming over with forty we're asking you to restore that as well should any of these items be not be restored we are unable to complete the merger as we have worked very diligently towards in the past three and a half years we will have to defer safety rescue as a representative of the county of maui department of fire and safety i have no choice but to exercise the responsibility given by the voting public to deny the merger if  y seventeen proposed budget is not put back intact so i please urge you to reconsider the fire commission has asked us to provide a level of  through the fire department was going to do the same thing for ocean safety and i was cast upon me and i feel that is our responsibility to carry that forward so right now as it stands it would just be doing the same thing i believe at this point in time that this is the apex that we need to make that turn to do better by there and by our community so i urge you to reconsider thank you  is that what you see and it's all or nothing is that what you're coming across right now to us defer taking any more action and not bring forward the merger is that what you see that's what i'm seeing come a long way but i want i want to have to ask corporation counsel on this one has to i don't know at this point i understand the chief had a big part of it it was clearly stated in the mandate and maybe that mandate should have been addressed in another manner but it's too late now we cannot change what is in front of us but we've come to this point and to see if i don't get all of this i cannot move ahead especially have to we have unit fourteen you know a new bargaining unit a ready to go makes me feel very uncomfortable i support the chief i support the need of these this area i'm not knocking down but to see all i'm not the seems to be kind of drastic at this point so i would ask or pretty council for their advice after this not no not this was we cannot go ahead with the merger unless we get all of the things that we've asked for and i think that's pretty clear thank you very much to thank you control but thank you for being here chief  understand your reference to fifteen point four in the charter but my question is do you have an agreement in place at parks and recreation some sort of m or you or some form of agreement to start the transition no we don't you do not have that you have nothing in place except just the plans to transition yes we do have and will use for the transitioning portion but there you go since the that we are agreeing without further amendment i today's meeting i want to make take a little time to kind of correct some states since that may have been said in this room that may have been said by the department and so forth just so that the positions of maui vacation rental association are very clear the memory vacation rental association supports proactive and foresman efforts by maui county design to cease any and all on permit short term rental uses on maui that has not been done the maui vacation rental association supports all efforts to properly permit all short term rentals uses consistent with the bed and breakfast and short term rental ordinances for bed and breakfast this means that the owner resides full time on the b and b property and for short term rental it means that the property is either professionally managed by a licensed real estate agent or is managed by the owner or immediate family member residing within thirty and thirty miles of the rental who is available twenty four hours a day to marry vacation rental association believes that all property owners deserve a fair and equal opportunity to be granted a permit provided their application meets the permit criteria and a by and that they abide by all permits standards and restrictions the maui vacation rental association recognizes the rapidly expanding and constantly changing nature of short term and two uses world wide and recognizes that maui county's laws must adopt to address them the bed and breakfast in short term rental ordinances were adopted to help regulate the two specifically defined short term rental uses in maui county each is doing exactly that for the two hundred ninety five folks who have been granted bed and breakfast or short term rental permits to date however it needs to be noted that many other short term rental use is being made by owners and renters of proper of single family homes condominiums and sometimes unapproved structures is being made and these folks will never be able to comply with either of these ordinances the my vacation rental association would like to see efforts being made to shut down those operations that has never been done  i'd like to move on just to to make comment about the the the communication item so i'll start my new testimony now i submitted some written testimony and it's a spreadsheet and i just want to explain what's  that spreadsheet i used data provided by the realtors association to look at all the single family homes that have been sold over the last fifteen years in marin county and if you look at the spread sheet that totals fifteen thousand four hundred and thirty four homes that have been sold in that fifteen year period i also looked at each of the short term rental permits that were granted for properties purchased in each individual year that total seventy nine permits over a fifteen year period the percentage of homes sold to permits short term rental permits given out is one half of one percent or approximately one in one hundred ninety five home sales eventually goes on to get a short term rental permit based on that data i don't think that it's prudent to say that we need something to protect new property owners or to restrict new property owners from applying for a permit we do need new property owners if they choose to make this use to apply for a permit and not open up and operate without a permit yes that is taking place but i don't think we further restrictions on these these purchasers because we can see based on this data that there is no flood of applicants coming in who recently put part just alice's thank you  four to be followed by other how does the chair council members i would be remiss if i didn't take this opportunity to comment and say mahalo to you to a wonderful community great industry partners and to thank you all for the support that i've been giving over given over the last twenty six and a half years i can fix for us how important the recognition of our government and industry partners but particularly you with regard to the importance of the end history your support has helped us to become number one across the world in so many different ways the end astri partners are the people who earn those accolades the people in business here the departments who keep our our our parks etc and the places that the visitors visit as well as possible this community has so much to be proud of and i'm just the person who gets to go out there and pick up all of those accolades for this community i just can't do this without  days i want you to know two things one there is a strategic plan i'm use and everything will continue to move along my husband assures me that and the b will move along for all her hard work and dedication i've had opportunities to work with her in areas nation and i was a very proud to say she represents this county and what we were pretty what we stand for in many many great weeks so that's all i things together and i really appreciate your work and your friendship but there is one thing you did not deliver because you told us that you would have your replacement sit through the budget and i have not heard on testifying on bill forty three on behalf of realtors once again a hard act to follow they've representing the realtors association of maui our association has been monitoring the council's efforts to complete the update to the county short term run ordinance but it's not seen  interject our perspective until now what brings us to the microphone today is the proposal to restrict applications for s t r permits to only the owners who have own their properties for five years or more three fundamental property rights to own to rent to sell this proposal with severely limit one of those a woman tree rights without good cause to this proposal came on second reading deserves a more thorough public discussion than one reading at the at the last minute the county council three sets of significant last minute change negates to the liberty if and some would say torture is deliber e process that the council's planning committee employed in this process in this review for a fundamental goal of this ordinance is the give owners an opportunity to legally rent their properties for short term the proposal solution would apply county wide six while the there is a perception that short term rentals orkut shipping factor in our ongoing housing prices but that is state otherwise the far majorit properties are simply too valuable to ever be affordable to most residents and seven and if the supply of affordable housing is the problem being addressed by this proposal then the correct answer is to build more housing economists tells us we need to build fourteen hundred homes a year just to keep up with natural growth we are building closer to two hundred a year until we correct that equation housing the housing crisis will continue testifying that carney communication sixteen dash ninety four aloha chair white the members of the molly county council thank you for this opportunity i was supposed to testify in hama but last minute we decided to come out this way we cannot miss our dollar fridays for that you will not be able to be here later on when we actually take up the item right you going to be ok so i would last any question on any member of to have any any questions for miss cosmos and i would be the opportunity to ask because she has to leave any individuals in the council chamber who wish to provide testimony please proceed to the testimony lectern at this time mr chair our district office says have no one wanting to testify as well at this time interesting thank you public testimony as close as it was proceeded mr chair proceeding with minutes you have before you the minutes of the regular meeting on march eighteenth twenty sixteen and a regular and minutes of their regular meeting of april bring up reports seventy seven seventy eight and seventy nine committee report sixteen dash seventy seven recommends that the resolution entitled authorizing the transfer of an onion cumbered appropriation balance within the department of personnel service says fiscal year two thousand and sixteen budget be adopted two on true sixteen dash seventy five respectively you have before you commit to report sixteen dash eighty recommends the following winded to bill entitle the bill for an ordinance amending fiscal year two thousand and sixteen budget the county of maui as it pertains to estimated revenues on a community plan area government facilities and community center total capital improvement project appropriations and total appropriations operating in capital improvement projects the pas first reading and be awarded to print and to that the bill entitled a bill for an ordinance amending ordinance number four two two a bill number thirty five twenty fifteen we are leading to the issuance of general obligation bonds of the county of for the sixteen dish eighty this is a project that has been long on the books long into its discussions and council is moving forward so we can take care of some other issues that are before another revenue adjustment requirement if i can put it that way regarding the higher beautification is supposed to lower banyan because revolving fun your coming days making the appropriate adjustments to ensure proper appropriate funding is in place to carry out the needs of the operation chair for the record bill numbers forty four twenty sixteen forty five twenty sixteen and forty six twenty sixteen you had before you committee report sixteen nash eighty two in a previous committee meetings your committee this morning is recommending adoption of his recommendations to council regarding the pool of bargaining unit fourteen and its cos i regarding this item and it is time we would strongly recommend adoption this morning of the resolution thank you thank you mr obama members any further discussion on this i see none of those in appropriations operating in capital improvement projects be cast the first reading difficult time in its review in discussions of this request by the department of fire and public safety we understand the need of the department as their first response department  to deal with unexpected plant incidences and of course the department did have various responses to all the and fire incidences that took a lot of the county's resources to address your of course mr chairman is regarding this type of incidences how it department with physical officers can still put this department in a position where you had difficulty coming up with of confidence regarding your requests and upon hearing the chief's testimony this morning mr chairman i will said this point in time i will support this with creator reservations thank you members of the further discussion on th  to the fact that i like firefighters and the way they are almost like superman or superwoman but in this case in particular chair i was hoping that the department would have come back turning the committee when they had an opportunity to year re present some solutions or some some other ways or alternatives to reduce this one point nine million  i would have thought in good faith normally when the said judge or administrator asked for reconsideration and there is some attempt to try to reduce and meet meet the employer or the administrators or the judge halfway in this case it was presented as a defensible dad says you know look we expended the money we needed the money but there was really no attempt for compromise to reduce the one point nine million or so is a little bit disappointed in that but i will support this in to also with mr okama with reservations and would hope that this thank you and yeah i have the direct firsthand experience of having the fire department protect my home about a week ago there is a truck that crashed into the wall over in honolulu exploded the valley on fire and they were there in the pitch black repel down the sides of the cliff drag in the hose to put up the fires they were just above my home and others so i saw firsthand and that was a awakening for me that man when you want to you want to be there are ready prepared trained to do the job equipment at hand all that stuff and you know so i really really extremely appreciate the work and everything that fire chief puts his people through to you know be at ready to tackle a job and that's unplanned who knew some was going to fly down the road and crash into a cliff but they were there and so you know whatever it takes for to support this department to carry on you know stand up for public safety needs and protect life and property you know i'm all for it so it's really hard to figure out where the income will come for what she presented here this morning but you know i'm going to try and see because i'll tell you without them that day that whole place would have gone out and so i appreciate the work that they do they do for us thank  all of my colleagues as far as to support of the fire department what they do think all of us are and there's not a lot of question in any of our minds and i've seen them in action when our community was up in flames all around this area near white near what you call a place another one of those moments where it went right out of my mind just like that they were there and not only putting their lives on the line but making private property of others as well as the opera diction of the public was paramount so i have no problem with this i and i understand i'm just concerned about the other issue and we'll get to that a little bit later but i can't support this and i don't have a reservations in it i believe they really do need it and i can support it thank you any further discussion you know as all of you know the chair has some heartburn with this issue simply because there are many many communities around the country who have the same interest in protecting the welfare of our residents and visitors have figured out ways to live within their budget the concern that the chair has is that this department has for the last couple of years disregarded our our budget and has chosen not to live within the amount so we provided them the chairs believe that the budget that we have provided has more than adequate funds resources to operate the department very safely and with respect to providing a high level of safety to the chairs concerned that the scheduling is simply not well it's as i've spoken before it's a hazmat crew and over a twenty two month period they responded to twenty nine incidents and that required about one hundred thirteen man hours on incident when the total number of available man hours that were pain four point three million dollars for in twenty two months amounts to seventy nine thousand eighty hours seventy nine thousand and eighty hours to respond to one hundred thirteen hours of responsibility and i'm not suggesting that i'm not addressing whether those were all incidents that required a true hazmat response or not i realize that we need to have people ready trained and willing to respond but i'm just suggesting that i'm my discomfort is that we have communities that have come up with other ways of doing the same job by addressing their their issues slightly differently so as i did in committee communication number sixteen dash ninety two from the chair of the budget and finance committee translating to council the proposed resolution entitled adopting the fuel tax rates for the county of mali effective july one t sag operating budget remains the same as this year except for adjustments made for promotions and lobbying expenses that each sack general membership would be need would be needed to approve the slate and budget at the exact conference  nomination of the nomination by may thirty first two thousand and sixteen i request the committee be discharged from this matter so that the council meet consider it to day mr victory no thank you i moved to waive the requirement of committee referral and report for the purpose of the proposed resolution attached to the county communications sixteen dash ninety four i would totally agree with your assessment of miss caused by this is a wonderful wonderful lady there was any further discussion this victory no i now have to move to a man i move to amend the proposed resolution by placing the name of situated at tax map key to four dash four dash zero zero one zero one zero portion and two four dash four dash zero one four colon zero zero six portion two you're planning committee county communication number sixteen dash ninety eight from the planning director transmitting to council the following one a draft bill entitled the bill for an ordinance amending section two point eight all be point zero seven zero molly compliance report in accordance with condition twenty nine of ordinance number three five five for establishing key him cannot project district nine hundred seventy conditional zoning for approximately six hundred seventy acres now and come back up at one o'clock instead of one thirty and we have we will have to go into the planning committee mode at one thirty and then recess that so with