and seen that it was an interesting year for most of us in this community we had some large issues come before us there's no such thing as a small issue in the county it is always important to someone for a business or a family for a community and we take the effort to understand and make solid decision that we believe is right and the benefit of the community in this county also at this time of the year mr chairman while we enjoy the celebrations the parties the fellowship of friends and families i hope we do not lose sight of the basic reason we celebrate this it's about a little child that was born many years ago and how that child changed the world and that child changed the world basically because of one word love love of fellow man well family love of the home of god and so i shared these always with our community this morning mr cherry because while we enjoy the fun like i said the light heartedness there's a serious component of christmas and now more than ever in a world of great conflict a world where this great uncertainty among the nations where there's great uncertainty within the financial markets now is a time for oss to reflect what is in the interests of the betterment of mankind and that our humanity lies in one thing compassion compassion based on love that our lord has embraced us with infused us with and i hope that we can carry this on there more than just one day when that miracle comes to us on the twenty fifth and we become the people we always wanted to be and it's a miracle but i think we are a better people that then that in this county anything we can extend this feeling of the miracle throughout the year and that is why we truly believe and do just that so i wish everyone in our county a merry christmas happy holidays a joyous new year a new beginning but please remember the reason for the season congratulating them our high school saber marching band and color guard for winning top honors at the nineteenth annual malani high school trojan band fest mr grossman i thank you chair i move to adopt a resolution entitled thousand and fifteen the my high school saber marching band and color guard claim top honors at the nineteenth annual milady high school children band fest held at the john nona stadium at miladi high school on all who and where as one hundred forty member band and color guard competed against three oahu schools within the competitions aaa class a division consisting of more than one hundred performers successfully garnering the coveted top honors sweepstakes award for the fifth year and whereas the banding color guards victories included first place finishes in all three judged categories consisting of visual music and general effects for outstanding visual artistry technique accuracy sound quality intonation and emotional impact of a band's performance and whereas the band in color guard achieved an overall festival rating of superior which is based upon the band's collective achievements of visual performance musical performance and general effects and whereas the two thousand and fifteen to two thousand and sixteen mary high school saber marching band consists of thirty seven wo winds featuring six flute musicians rebecca booker denise tenor saxophone musicians us and were as local and national performances the band and color guard unit include the search thirty six annual university of hawaii rainbow invitational marching festival in november two thousand and fifteen and the prestigious one hundred twenty sixth an pasadena rose parade where the band represented maui county in the state of hawaii on january first two thousand and fifteen and whereas with the support and dedication of numerous advisers parents and the community as a whole the most high school saber marching band in color guard has attained excellence through commitment and love of the art and whereas the exceptional performance dedication and team spirit of the my high school saber marching band color guard have brought pride and honor to the people of the county of maui now therefore be resolved by the council the county of maui one that is here by congratulates to my high school saber marching band and color guard for capturing the first place we've six oared in the aaa division at the nineteenth annual malani high school children band fest and to that certified copies of this resolution be transmitted to each complex area superintendent district office state department of education bruce anderson principal high school lieutenant governor shan sui and honorable that the reason why the resolution includes the individual names of the band members is because each of them worked so diligently to accomplish one goal and together when they worked together in concert achieve that goal under the leadership of kerry was sano who is been a great inspiration to this county and to other counties and seeing what is the top bar what is the standard when it comes to band performance and putting together a high school band everyone is born to win but in fact to become a high and pick up my daughter and late in the afternoon into the wee early mornings i see the band practicing and they with such dedication and quality means doing it the right way when no one's watching and that's what they do they expect quality and we are producing quality young adults in this community thanks to the help of programs like this so i can graduate the band adults putting their social lives on hold while they work hard as individuals to come accomplish a group effort is nothing but short of astonishing but also an recognize that to make all of this possible the family the friends the supporters the boosters work and this always really easy money for these youngsters to travel to participate you know they recognize the children's dedication and step step forward to make sure it comes to fruition the dreams are not just dreams but the reality of participation and you know being a parent and then there done that kind of situation like many of this is that in this room we feel that we want to make sure our children have those opportunities that's why we'll go the extra mile because they go the extra mile and one day when they become parents we hope they will continue that premis continue that path that we've set forward but i really would like to congratulate finally mr was on and his entire crew his staff bar none has set the bar so high that i understand monaco has become dwarfed by their bar stand and this is not something to laugh at because i really believe they have set the bar so high for the neighbor islands that all the rest of the bands and we have some great talented people on this island and other huge bald and i know i don't care which group they will always have to chase molly high and gary and i want to wish them and and all of their families all the band members everyone connected with the program the joyous holiday season continued good work i'm sorry to say it is when we spice is not here but for her i will say go see verse and bottom line is now we expect and reading everyone's name i believe he did it yes exc here i call my the comments from my fellow colleagues i don't want to repeat myself but i just think this is definitely a miracle to get one hundred forty people you know together and winning this award because i look at us and we're nine and we can't even get us all you know walking to the scene here so one hundred eighty i think awesome job i am looking forward to more accomplishments from from the school and our young adults that are here today so thank you very much for this resolution mr grossman thank you chair thank you mr cochran any further comments members i'd just like to congratulate you for the the hard work and showing for the for the rest of your life  yourself if you put your son heart and soul into something great things will come of it it's a great life lesson going through what mr wasan and his staff put you all through and i know i know that he makes you work awfully awfully morning and congratulations once again showing that even though you lost a bunch of seniors you guys all stepped up and did it again so congratulations any further comments members thank you chair my pleasure to present this resolution that has been passed before this body to mr kerry with sino the band director further accomplishments and a receiving top honors at the nineteen  trojan bad fa collaborative effort of our students parents booster club members teaching staff and design team and i would like to thank everyone for their hard work in making our success possible our student leadership is with us today they are the heart of our program and they ensure that our daily operations run smoothly and they have such great responsibility as teenagers the freshmen coming in are fourteen years old and are expected to do pretty much jump in with  seventeen year old students and be just as good so i really commend each and every one of our members our leadership here for taking our program so seriously this was our most ambitious and each year we've been growing wealth in size and i'd like to see quality as well i'm not sure what the future brings but i'm sure that we'll continue our traditions and keep growing and aspire to take our program to the national level and i would like to turn over the microphone to our drum major  good morning council members and chair wait i stand before you today to thank you for the resolution coming back from the rose bowl parade and competing at the band festival on a waffle all in one year was very difficult but with your help and generosity you've helped us push through it looking back at this season we experienced many hardships and breakthroughs this year we had a huge problem enjoy major scaffolding that we had to ship over to our who was there usually equipment such as so today i still remember looking at all the members on the field from a scaffolding and seeing joy and determination to show for the n although sometimes the members don't see eye to eye this past season we came together as one  represented the island well from this and so proud of each and every one of the band members over all the friendships and memories i've made for the past four years of being in this band program will be carried with me throughout my entire life thank you again for the resolution and happy holidays located in the eighth floor lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda pursuant to the rules of the council each justifier may be allowed to testify for up to three minutes when testifying please state your name and the name of any organization you represent an office please identify yourself and introduce your first test of our good morning good morning my name is tim means i am the general manager line of divers we are a corps operator and have been since the very beginning actually before the beginning of korra about i don't know how many weeks ago several weeks ago i sat in this chamber and listened to the representatives of the corporation council and the department of parks repeatedly assure the members of that particular committee that the purpose of removing that section in the ordinance i believe in section seven was simply to eliminate the e p a and allow them to reissue vacant permits now it appears that the long term goal was to put all permits into the lottery system on an annual basis which will absolutely kill the core operators businesses fortunately there's a fairly easy fix to this and that would be to defer the this bill today and make a simple change to the wording in section ten days one zero today show eleven from the director may renu permits to the director shall renew the testimony that was given in this chamber several weeks ago to that committee thank you thank you mr means members any clarification needed was to come to thank you mr chairman thank you mr means for your testimony the question for you mention section ten dash whatever is that in that there's no section in the bill so i'm not sure where what you read i'm sorry it's not in the bill it's in the administrative rules i think you have any other  that type of information from what is this alternative ten well you get your you know your of your basis to say that when the director may renu permits they also may not and in several instances during that meeting or that committee meeting there was references to yes we should all permits into a lottery but there was assurances from those gentleman that that would not happen if you leave it as a may renu it opens the door for lotteries for all permits on an annual basis which will kill the operators we don't know if we'll be able to operate year to year or whether on june thirtieth our right to operate is gone person to testify is jeff strand testifying on bill eighty five he'll be followed by patricia could is morning councilman and council chair my name is jeff straw and i'm general manager maui dive shop by two would like to speak about bill eighty five in deferring that in would just like to kind of ask a little bit of a couple of questions instead of making in a speech here  but the information that that i see here in i forwarded this this this email with a timestamp quotes that paddock ideas is to all of you last night i don't know if you saw it or not but it seems me that if the intent is not to make this a lottery system then why is all of these time stamped marks from the county council corporate council right here saying that this process is a lottery system in the administrative rules administrative rules state that these permits are for one year and the prescribed process for permits will go through a lottery system i mean this is coming in i can read a few more if you'd like but this is coming from from the county council's court you know you're your own counsel in saying that this is a lottery system and if that's the intent of the department is to make a lottery system then we should have  ability to to have input on whether a lottery system is a good idea because a lottery system is a horrible idea it creates a unit renter's mentality instead of an owner's mentality when it comes to these to running these businesses if i can't can you know i have reasonable assurances that if i follow the rules and act in good faith and do all the things that the county wants me to do that i can continue on on a basis on a year to year basis how can i go to banks and borrow money to have infrastructure or to hire employees that if if on june thirtieth i've got all these employees and because i didn't bid enough money in a lottery system we're out a business that's crazy people it's crazy and so that's why the industry is is concerned it really is it really is concerned and we need some kind of language that says that there will be a continuity i have no problem if you want to put new permits out you know if there's multiple people that want to compete against a new permit that's being open but that all for a lottery system but to put every operator up in a lottery system on an annual basis is not wise at all and i'm i'm very much against it and i would like to request you to defer this bill until we can get a greater clarification on that thank you thank you m ticket is here talking about bill eighty five and maybe some of you saw the e mail that i sent kind of late yesterday afternoon you know it took us a while to figure out what's really going on with bill eighty five and i read the law the county code and i've read the admin rules numerous times and what i've sorted out is there is no language in the code or in the admin rules one section seven goes away that gives the director the ability to exercise his intent renu ing the current kora permits and every time that question was posed i believe mr couch current permits into a lottery system that's not our intent to run out and going to intend to do that he did say several times under his breath that things could change and that's fine but at the moment his intent is supportive and so that sounded great and we were all good but every time mr answered the same question he explained the administrative rules state that these permits are for year to year the prescribed process for permits is to go through a lottery system he said these are year to year permits so i don't believe that the director has the legal authority to exercise his intent i believe that if he were to grant my permit next june thirtieth that someone could come along and say hey i should have had equal access to that and it should have been in a lottery system and i'm going to sue i believe that's true and and mr oka clarified that numerous times i mean i think i've found four or five or maybe more times in the testimony where he said it's year to year we somehow we all sort of clung though to the assurances of mr vance waco the intent was not like that now the thing is parks directors come and go we've seen lots of her over the years and the intent of one may not be the intent of the same so we need to give them the legal standing to do what it seemed like the council wanted to have happen and what the director said he intended to do and the simple way to do that is to change in the admin rules is that administrative fix the word made to shall so i'm asking you to defer passing bill eighty five until parks department has the opportunity to make that administrative change to codified his stated intent and basically make it that way henceforth i understand that there's go discussions about concessions but that would all be part of that and be vetted at that time as well for an hour in a permit system and that's the way to codified the intent of the director and deal with the issue that mr yoko said is out there in question testifying are coming communication fifteen three zero five and bill eighty six mr robbins is the last individual who signed up to testify in the council chamber morning everybody good morning had my best wishes to the kids from now we could for them on today's agenda we have nine items that are coming before the county council that they are being asked to shift from one category to another from a category of services to a category of equipment  i don't like to think that we're going to decrease the services they were expecting by the people who are in these jobs so that they can have equipment something's wrong with that  and bill eighty six page six at today's agenda there's a bill for an ordinance amending ordinance number four one two eight from twenty fourteen authorizing the mayor of the county of maui to enter into intergovernmental agreements belongs from the state of hawaii drinking water treatment revolving fund for various water projects in the fiscal year twenty fifty word you happily through that it's been testified by a number of people at this very microphone that are concerned citizens who are constantly reminding us that the federal and state legislation people have already  said that with the violations of the clean water and the clean air act that they're going to sue us and have it's so why would we want for ourselves to go  door the government entities that are more expensive than our own here in maui county and yet we're the ones in maui county that are getting to foot the bill with the stuff that hasn't happened and it's being defendants in the lawsuits where's the logic where's the pono to be able to go begging to those folks when we know and the country oversight an advisory committee for violations of water worked very hard in the early two thousand and that drinking water revolving fund is federal money that comes to the state folks in the state in municipalities and private folks can go ahead and ask for that money so our competition is happy and it's saying in that in the wording of that that the the  there's a specific date by which whatever the proposed reason that we'd be asking for that money has to be identified not a month not a quarter but a date on the x date of the month this is when you have to be ready and the second item i would point out in there is that it's shovel ready it's not that there's a working group looking at this supposed to already be there we haven't done well we need to this is transmittal of a proposed resolution i'm quoting here proposing an amendment to the charter of the county of my away from the one nine hundred eighty three was amended to require council approval of the mayor's appointment yesterday's maui news pages one and four identify that recently very recently within the last week that the mayor has appointed a new county you director he was sworn in he identified that he had never applied for the job the salary is like one hundred twenty four thousand he's somebody who has i don't know the man he certainly sounds honest in terms of what he is saying that he didn't apply for the job he was contacted by the mayor to take it was sworn in p d q pretty darn quickly before the end of this year to go ahead and be this new county director environmental management he says he has no background in that level of an environmental management he's done a lot of other stuff good for him hard worker but in terms of taking on the responsibility of being the director whoa something is terribly wrong this came out yesterday people were all over the community out there saying what the blank is this so please take a good look at this i wish this gentleman well and what he's doing in terms of taking on the magnitude of being the environmental management department chief person we've got and again this just money has been given right here that there are relevant background higher education opportunities where people can learn how to deal with the specific relative responsibilities that go along with this very few pushes on the computer will get you the institutions  higher education that are offering all this accumulated knowledge that has happened and why do you sing it why you got me so please don't don't let that go through without having some address this this is just it doesn't make sense so let's be sensible let's be calm know let's make sure that we're not asking anybody to do what he or she is not researcher there are no further individual signed up to testify in the council chamber if there are any additional individuals in the council chamber at the district offices would like to offer testimony please identify yourself to the proper stuff and proceed to the testimony elector in a district office phone at this time thank you mr chair there are no other individuals in the district offices nor the chamber who is shot for testimony thank you very much members we have received written testimony without objections will entered into the record thank you and objections will close public testimony there's just no it's closed mr kirk mr chair proceeding with minutes here before you for approval of the minutes of the special meeting of october twenty ninth two goodman moved to approve the minutes in the special meeting october twenty ninth two thousand and fift eight zero nos one excused us by so declared mr chair proceeding with committee reports you have before you from your budget finance committee the following committee reports committee report fifteen dash one seventy two recommending to the proposed resolution and titled seventy four and one seventy five years so ordered is to court before you committee report fifteen dash one seventy three recommending to the proposed resolution titled authorizing the transfer of an unencumbered appropriation balance within the department of adjustments in the various categories pretty within the b and c categories i consider this housekeeping the departments were very well with budget director buzz in with our committee staff and i'm recommending today that we approve zero knows what excuse to mr clerk relative to a committee report fifteen us one seventy two resolution fifteen dash one fifty nine relative to committee report fifteen dash one seventy three resolution fifteen dash one sixty relative to committee part fifteen dash one seventy four resolution fifteen dash one sixty one and relative to committee report fifteen dash one seventy five is resolution fifteen dash one sixty two here before you committee report fifteen daschle one seventy six recommending that the proposed bill the entitled a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to the partment of water supply administration program water fund and water operations program water fund be passed on first reading and be ordered to print with zero knows what excused mr clerk for the record bill eighty seven two thousand and fifteen yet before you committee report fifteen dash one seventy seven recommending to the proposed resolution entitled authorizing the transfer of an unencumbered appropriation balance within the department of before you committee report fifteen to show one seventy eight recommending to the proposed resolution and titled authorizing the transfer of an unencumbered appropriation balance within the department of transportation fiscal year two thousand and sixteen budget be adopted program highway fund road bridge and drainage maintenance program how we find traffic management program highway fund be passed on first reading in the order to print mr holcombe chairman to move this committee for fifty this one seventy nine be adopted with his recommendations zero nos one excused mr clerk for the record bill eighty eight two thousand and fifteen we have before you committee report fifteen dash one eighty recommending to the proposed resolution entitled authorizing the transfer of an unencumbered appropriation balance within the department of   before you committee report fifteen dash one eighty one recommending the following one to the proposed bill entitled a bill for an ordinance and and into fiscal year two thousand and sixteen budget for the county of maui as it pertains to estimated revenues community plan area sewer treatment plant upgrades total capital improvement project appropriations and total appropriations operating capital improvement projects be passed on first reading in the order to print and to that the proposed bill entitled a bill for an ordinance amending ordinance number forty two twenty eight bill number thirty five your infrastructure environmental management committee the following committee report committee report fifteen dash one eighty two recommending the following one that the proposed bill entitled a bill for an ordinance to amend chapter three point four for my we county code pertaining to the acquisition and disposition of real transactions and the bill enables the finance director to acquire or accept conveniences of real property and easements related to county's infrastructure including the water system sewer system road we enjoy systems and park systems in addition the bill allows finance directors to waive appraisals for acquisitions of small parcels where their praise or costs likely exceeds the acquired properties value and for exchanges related to road bridge and drainage related improvements this bill further seeks to increase the threshold values for real property acquisitions that require council approval the current thresholds have not been revised in over twenty years and do not account for inflation rates in maui county's current real estate market to preserve consuls oversight of real property transactions your committee revise the proposed bill to require the council be notified within five days after any acquisition exchange or convenience is made without counsel approval in addition the council will receive annual reports of acquisitions made and conveniences accepted by finance director these reporting requirements will keep  of counties real property transactions related to infrastructure and provide data for reviewing the efficacy of company's policies pertaining to those transactions lastly this bill clarifies the language of chapter three point four four  counties code relating to procedures governing the county's acquisition and disposition of real property and your committee met three times over a year and a half to conduct a careful review of this proposed bill the director of public works conducted numerous individual meetings with department stakeholders and members of your committee to identify the various issues posed by the bill and to develop proposals to resolve these issues and the committee made sure the appropriate checks and balances were in place to ensure the bill does not undermine the colonies the council's ability to retain oversight of real property transactions while still providing for opportunity to remind its real property transaction processes and share i do have real minor corrections to this committee or pour i need to state on the record and members if you look on page three of this report at the top of the page the thirty five hundred dollar amount should read three thousand seven hundred fifty  stay on the record and after all that sheriff respectfully asked for this council support of this of my recommendations thank you chair so the motion is to approve with those miners please  very and sometimes very ambiguous so i'm glad that the department has worked on putting together what i call something that's usable that we can now have more clear guidance on acquisition o winds in all these other areas that for the longest time was drawn to these councils agendas just because it had to be approved by us i think this is something i like very much the clarification and now with expediency and efficiency things can move along quite well and i hope this will you know minimize the amount of legislation or acquisitions that have to come to us in these you know what i call i mean a skew area i think this is something that when i first brought up my proposal was to move this forward and i'm glad it took many years but it got done so thank you mr chairman thank you to department and the committee for their hard work thank you mr victory no any authority comes down to a couple of key words for me and this trust and integrity as well as fairness in the application of the policy i don't have that right now you give up and you never can tell whether you can get that back or not but my issues when i initially voted was no and that was because of the language that i saw that basically allows other directors to negotiate the conveyances of property well in fact our council our body doesn't have that ability to go in and negotiate the property so why does another director from another department have more authority to negotiate property than i this body put together i cannot so i didn't find that equally fair so that was my initial opposition to the the bill itself but i will support mr cochran and and hopefully we can come up with some language that would allow this body to negotiate so thank you share any further discussion with cochran and thank you very much i think my fellow colleagues comments and thank them for their confidence in me to do the right thing if the need arises that there needs to be adjustment to this legislation at some point in time and that's the purview of this body and that's where i find another layer of protection and relief for us to make decisions as we proceed through nine to ten inquires consequences occur we have that rate to address them and make things right and change them up so that's where but something like this let's see if it does you know fulfill its intent as in streamlining our processes here and if it does wonderful so let's and i'm cochran for putting a bill forward that cut out quite a bit of red tape and you know we were here i realize we don't like the controller stuff but this stuff is a bit of red tape and if it if there are abuses of the system i'm sure mr cochran or whoever is here those things a cure depending on whatever happens this council can always take that power back that's the one good thing unless it's a charter change the council can always get the stuff back so i want to thank you for streamlining what appears to be some red tape issues thank you fifteen dash two nine nine from the director of water supply transmitting to the council copies of the department of water supplies multi source report and groundwater you support for the month ending november two thousand and fifteen is to be three no thank you mr i move to castle with eight eyes zero knows one excused is to court you have before you kind of communication fifteen dashed three hundred from council chair white transmitting to the county clerk a proposed resolution entitled approving proposals for inclusion in the two thousand relating to financial investments sunshine law and disability cards this resolution is also this resolution also includes four major submitted by other councils number one  legal immunity currently provided for county lifeguards on a temporary basis number three a bill from the honolulu city city council that requires safety inspections for more beds and number for a resolution from the county a white county council urging the hawaii congressional delegation to propose a constitutional amendment clarifying that the corporations are not people and unlimited campaign spending is not a right of free speech can you tell us what's the driver of this well this hope this this is actually our legislative our federal legislation our white delegation in washington d c we are asking them to clarify the constitution to propose a constitutional amendment verifying that corporations are not people and that unlimited campaign spending is not free speech this is on the federal level and here and so there is nothing we can do at the state level to make i think partially accomplished the goal of the state has accepted and all the four counties have accepted this solution already but rental i think at this time yes so it's just it's them that in essence yes but they're asking us to to offer all of us to support this at the state legislature can you share with us what might always advantage regarding this subject material to be perfectly honest i really didn't i didn't think it helped us awful lot but  feel i think we had adopted this originally and the executive committee took the approach that we wanted to give each colony that opportunity that would help most of the counties of not all of us to bring forth this legislation and so this is why we felt the huddle frankly could benefit from this the big island what you call deep thought they could benefit it and me me when if this ever comes to fruition a benefit from it however there is no at this point i am i myself have some reservations but in the area of trying to because if one of us say no then this bill doesn't move forward does shit and through out the other four really wanted it to come out and so i felt i was on my duty to help them because i think in the overall scheme of things we're looking at the state not just one county thank you to eventually phase it out allow it mean with or without permits i mean there are existing we all know that we're trying to address it here in our county and i eventually it just gets automatically within some reasonable period here just accept it and we don't even know it's here and it just phases into this it's all ok now after the money but it's also i don't believe that is but the intent is i think the intent to really is to give all of the counties trying to freeze it in and not be mandated by the state and so we're hoping that the state while law was really more home rule actually to be able to implement these motion before order thank you mr couch he was chair maybe i can help explain this allows counties to you know if there is a class of non conforming use now we we allowed to be used for is in perpetuity this allows the counties to say you can only be non conforming for a certain amount of time and give them the opportunity to do that doesn't automatically do it so i think quite a county wants to phase out the non conforming use short term mental trying to fit in their single family residence and they feel that they can't do that now so this just allows them to be able to phase out and not performing used to make it if you're not performing after a certain amount of years too bad you can't do it if you think you any further discussion mr holcombe  right my point would be i can see if there was asking us for the broader issue of the legal non conforming use it's a phrase that's kind of interesting by itself legal non conforming news adjustments on their property so that is already occurring so again i really don't just think oh i think just on this rikishi thing support i think you know i understand what mr victor own thank you and i want to take all my colleagues for the discussion i did take some notes and i will at the next executive committee meeting bring these concerns up are i think they're valid and need to be addressed so i will bring it up at our next executive committee be thank you thank you and we've got a long way to go before the end of the legislative session so we have a lot of time for clarification from cohen on the other issues thank you thank you for doing that mr clerk for the record resolution fifteen dash one transfers from the general fund and department of water supply revenue fund to the bond fund as of october thirty first two thousand and fifteen to economic development energy agriculture and recreation committee kind of communication fifteen dash three zero two from the director of parks and recreation transmitting to committee county communication fifteen dash three zero three from the director of public works transmitting to the council a proposed resolution entitled resolution granting permission to place utility poles along a public highway for the common village project kind of communication your water resources committee kind of communication fifteen dash three zero six from council member by sir transmitting to the council chair the matter relating to water conservation thank you mr clerk members are there any objections to the referrals to committee as read by the clerk or shouldn't thank you very much mr clerk mr chair proceeding with general communications for referral the following general communication is recommended for referral to your planning committee general communication pertains estimated revenues community plan area government facilities acquisition of real property at twenty one fifty four koshary total capital improvement project appropriations and total appropriations operating capital improvement projects mr h one two thousand and fifteen and titled a bill for an ordinance amending ordinance number forty two twenty eight bill number thirty five two thousand and fifteen relating to the issuance of generalization bonds of the county of maui acquisition never property at twenty one fifty four kosher meat mr needs and services that the county provides the people of this county and also would make since it is something that the county has been looking at for i would say at least thirty five years and i would come to terms with the property owner and this is the i would see a friendly purchase and sale and so i would ask the members to support the consideration of us moving this campus for thank you thank you mr okama members any further discussion mr campus expansion and we reconfiguration so thank you and i hope my members will support this resolution i mean this bill excuse me members any further discussion on this item see none all those in favor please signify by million dollars chairman that would be added under it to a new grand entire state of hawaii cool agriculture park expansion this will allow us to purchase property a body in the existing cool agricultural park and be able to provide additional critical mass for the operations in attendance used to expand our program help in the cooler expansion program thank you thank you members any further discussion on this item bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains estimated revenues markwell piccalilli cooler community plan area other projects cool agricultural park expansion total capital improvement project appropriations and total appropriations operating  chairman this legislation before council today is providing one in addition one additional million dollars to the total keppra improvement project component of our county budget will allow us again to complete the purchase of the cool agriculture properties and this with the preceding legislation is critical to accomplish that thank you thank you members any further discussion on this fifteen entitled a bill for an ordinance amending ordinance number forty two twenty eight bill number thirty five two thousand and fifteen relating to the issuance of general location bonds of the county of maui could the agricultural park expansion mr ho so this is basically a housekeeping measure correct members any further discussion see none of those in favor please signify by saying i was oppose a no if you're passive with three relating to chapter five point two for my county code relating to ocean recreational activity business permits in chapter thirteen point zero four molly county code relating to recreational area regulations suzman chair moved to pass bill eighty five to consider a bill to repeal outdated transitional provisions of ordinance thirty one forty three relating to the ocean recreational activity business permits and chapter thirteen point zero four of the maori county code relating to recreational area regulations the bill will allow the department of parks and recreation to issue the vacant vacant permits for commercial ocean recreate to do without requiring an environmental assessment the bill will allow those others then they current permit holders to have the opportunity to obtain a permit under chapter thirteen point zero for maui county code not to exceed the current cap and the director of parks and recreation put forth this measure to repeal and also stated that no other hawaii county requires an environmental assessment for kora permits  respectfully ask the council's full support of this measure thank you members of their discussion on the site i'm couch thank you mr chair you know we've received some testimony that talks about you know the discussion we had here i recall the discussion that we asked the parks director whether or not he would do a lottery for the existing  kora permit holders and he said no that he would not but the testimony and the testify also said that it's their belief that he doesn't have the legal authority to do that  i would like to ask mr wong given the comments possibly that you may have read in the testimony and what you've heard here does the director have the ability  to say to those with existing permits we don't have to do a lottery for th sorry the current ordinance and the current administrative rules provide provide the director with the discretionary authority to extend the the current permit holders for an annual basis so the quick answer is yes he can basically extend the permits of the existing permit holders as he swore to us he would do on the floor without getting into whether he affirmed or did not affirm and any additional unintended benefit the current ordinance and administrative rule provides the director with the discretion as referenced in the earlier testimony the director may extend for another year a permit that is currently held by permit holder sold to the extent that the director is able to extend for another year on an annual basis the directors capable of doing that currently administrative rules section ten dash one zero two dash eleven permit renewal the director may renew a permit for additional one year periods provided the permit t is in compliance with all the for the discussion mr goodman thank you i have a crane on my face because you know i tried my very best to vet everything through my committee very thorough lee and now i think the issues before us are basic if you can by for kate everything and and really see what the issue is here the issue is only and i repeat only about repealing section seven that requires an environmental assessment for those who are applying for a permit it was stated by the parks director that there has been faking perm several years almost a decade that haven't been people haven't been able to apply for those permits because of the fact that they would the county would have to do environmental assessment so it basically protect suppose who are already in the system who are already have the permit to hold on to their permits but disallowing those who want to get a permit and repealing section seven does not in fact hinder or repeal the cap of the amount of permits that are currently allowed so years ago when we did the study ancora activity we determined that now it county could handle or accommodate a certain amount of permits and we've and the haptic so those who are with during that legislation period those who were operating existing operators were already allowed to operate and got a permit so they didn't have to get an exit in a foreign metal assessment so over a period of time there had been vacant permits that came up and those haven't been filled even though they haven't reached the cap the current section seven says that you know basically we as a county would have to do a self imposed environmental assessment so clearly my the repeal section seven or not the director always had the power to whether to grant renewals are not grant renewals he always had the power to have a lottery it's just said that those who could get into the lottery or could read knew it had to go through a qualification are you qualified to receive a permit and only and the only way you can qualify is if you have an environmental assessment so those who are currently have their permit are exempt from it this is basically focusing on the fake can't permits that are being allowed all this other stuff about lottery whether it can be renewed is outside the scope of what we're talking about this section that will be dealt with when departments as stated on the floor in the committee will address the revamping or the rewriting or retracting of the core a section under the chapter thirteen and i don't know when that when that will happen chair because the revamping of the entire chapter took two two and a half years so if that is any indication of when we will get to korah and these  specific issues that are presented by the testifiers i don't know i mean they said director said four months but i anticipate maybe a year or so in the meantime we have vacant permits and how do we deal with those can continue to keep those open and and there's a balance here you know we can either deal with this two years from now and not have any revenue for those those permits that are vacant or deal with it now  i really don't see the issues that have been presented here the lotteries and and the renewal issues as being the rip as being relevant to what we're talking about right now  talk about renewal ok i have a driver's license it's not an entitlement it's like a license it's a permit it what they're asking for is an administrative rule change which we have no jurisdiction over and they want the word shall shall be renewed wow i don't not entitled to a driver's license every time i shall be up for renewal but i wish i could you know but sometimes you have to take a test and go through that it's it's a privilege permits are privilege they're not entitled so the word shall is very strong that means every year you can you absolutely get a renewal and i'm not out of you know hurting anybody but i'm trying to find solutions and i work with the department i work with the parks and recreation that is the jurisdiction of my committee and if i don't trust the director and the deputy director  the existing holders and i haven't seen any evidence to contradict their work and tell i do i have to go on what has been presented in the committee and the evidence that was presented and i can't come back and say ok because of this new testimony which i see is not new evidence which i would then bring back to the committee i don't find speculation or anything like that to to dictate it being referred back to the committee i understand completely we're they come from and i think they understand where we come from in making sure that they are not harmed they meaning the existing permit holders we don't want to harm any businesses that have been in business for twenty years plus i mean there are they are an asset to this county helping us revive and maintain our tourist industry we don't want that but we need to start looking forward to solutions and our own codes and regulations we cannot stay status quo and so whether this this council votes it down or up you know it it really is all about sticking to the issue and the issues just plainly are we going to allow these fake it permits to continue on or are we going to feel that and we're not going beyond the cap thank you chair members other discussion on understand their concern we have promises for those that are here for the next year or the year after when someone else comes in that promise is no longer valid  administrative rules or if it's in his policy stated clearly then they can rest assured that they're protected so much i agree there's no automatic getting your permit each and every year because something could happen during the year but i would hope that between mr cruz ran the department then maybe some written policy can be put in so that shall not me i don't know what word you want to use but the director because the same director is not there all the time and when the change added to me change priorities me change who knows what me change so i think there is some validity in that statement and i think that's the only statement that i will hang my coat on with the testifiers and so but for the signal moving this forward for the sake of the permits that are out there i will support it but i will also be requesting th year and a defining work on this issue so that they can feel that they will be treated fairly that they don't have to go to a whole rigamarole just because maybe some do directed down the road may have a different take on all of this and the way it is written under section tend to dash twelve if the director determines that the count of permits issued allows for issuance of an additional permit the director show published in the newspaper so the the way the rules are written it appears that a lottery is only supposed to be or can only be used when there are one or two openings is that an accurate read of this or if if the director as was brought up decides not to renew all the permits can a lottery be used dash twelve is accurate for the director in the event that there is as it says here the need for the issuance of an additional permit so in terms of practicality if all the permits as it is today of five permits three are already being held there's two additional permits that should be issued because they as member guzmn suggested then the lottery process under twelve would be implemented the operation of the rules and the operation of the ordinance automatically as everybody knows when every permit t applies and applies for a permit the audit they know that it's automatically expired on an annual basis the director of may and still has to capacity to renew an expiring permit which has been the case for many years it is the vacant permits that are up for lottery in the process defined in subsection twelve in the event as you described chair that one of the currently held permits are not renewed that permit becomes vacant that permit become subject to as an additional permit under subsection twelve a mike my question is if i don't know what the number of permits the total number of assists call it eighty permits if all eighty permits are not renewed this permit drawing does not apply seem to apply to that situation and i think th e discomfort is that these individuals were running their business and many have been running their businesses since before the court rules came out the discomfort is to be subject to a lottery if there was a wholesale non renewal as opposed to simply not getting it renewed based on noncompliance or an operator misbehaving so is there a way that the lottery can be implemented if there is a non renewal of half or all of the permits existing are you suggesting that the subsection twelve would be triggered in the event the director decides not to renew and individual permits for that permit my read of the rules would suggest that that permit would then become  available vacant permit and that permit would then be subject to a can be subject to subsection twelve but now my question is the way this is written it applies to only it says if the director determines that the counter permits issued allows for the issuance of an additional permit the director shall publish that doesn't seem to refer to a significant number of  renewals and that the concern is the director can refuse to renew so the question is if they're all subject to non renewal are they all going to he filled by lottery realize and they realize that they need to renew every year but if you're doing your business and honest up front and compliant way then you should be able to earn a r i realize that there are there are those of us who are comfortable moving in the direction of examining whether concessions makes sense one of the reasons i feel that might be a good way to go is that for lack of a better analogy if you go to a ski resort you don't see vans pulling up to the bottom of the ski lift and everybody unloading their rental equipment and at the end of the day loading back into their vans and driving away there are facilities provided for that purpose at the bottom of the lefse similarly if we move to a concession then it's going to provide these operators an opportunity to have a place to store all their equipment and a place from out of which to operate and it just simply takes the the level of operation significantly higher my my discomfort is that if we if you can't tell us that in the process of going through that evaluation that these people are not at risk of being subject to a lottery then  i'm going to have a hard time supporting this but you're you know seem to be saying that the the lottery could not be terrify me i would believe your your thoughts on providing the current permit holders and the industry with greater comfort may be  currently moving towards a concession contracts an aerial concession contracts are viable contracts that the county can award for extended periods i believe not to exceed fifteen years and the applicant and or permit may have greater business comfort in that regard as it relates to the kora permits chair as i sit here today my read of subsection twelve tells me that if there's an additional permit then the director shall follow the the administrative rules that could be done however chair i'd like to suggest that subsection eleven in the renewal provisions it does provide the director with guidance on when the probe when the applicant  and or permit tee shot should be renewed and it says may renew a permit for additional one year periods provided the permit is in compliance with all the political rules and it further provides additional requirements for state and federal compliance i believe that the intent of those rules was meant to provide some assurance that as long as a permit is in compliance that that permit control to amend the administrative rules and the department would be required to follow up to ninety one in its hearing process on reviewing those rules and i believe that the timetable th been suggested of one years is an accurate depiction of how much effort it would take to amend the administrative rules and chapter ninety one requires that if you repeal and or amend any administrative rules you must follow it up to ninety one  couch i think it was a chair and i agree with your concerns about the wholesale or even selective non renewable of permits and i do understand goodman says say you know you've got a driver's license you're not you're not guaranteed you're going to get it the next year actually with a driver's license or multiple years so my question to mr wong is is a way we can that not necessarily today but i mean if i choose to put in a requirement that the permit can has to be three years that would override the administrative rules it was that because i would commit to submitting something like that if this passes cherry or five whatever it the automatic expiration provision in the ordinance is what you may be referring to you're suggesting that the code that you remove the automatic terminations provision and you allow for concession to allow the permit to extend for three years we may be moving closer towards what a concession to should look like and we don't we currently have provisions in our code that deal with the award a process but we also want to protect the existing businesses because one of the testifier says a look at if i don't have assurances of some sort i may not be able to get a loan to upgrade my equipment or whatever and i totally understand that so were this to pass today i know mr good as intent is to take a look and the department's intend is to really revamp the whole chorus system so we're looking at it one to maybe two year process so in that gap and this is a kind of a stopgap thing we could probably potentially put in an ordinance to say look if you got the permit now you get it for three years or until the new law comes out and then that might appease you know get us the new permits the new revenue and help with the folks that are doing a good business and a good job at their business and give them some comfort so i would commit to doing that if it can be done  yet may or may not be a concession but we also already have rules and ordinances that can deal with that so that's a commitment i would make that if this bill passes will at least give them the opportunity to have you know whatever number of years we discuss in committee so my the chairs other discomfort with this is that i was told by the department that there would be no changes to cora until they're done with getting the the overall permit in the parks bill that we're working on now and in mr goodmans committee so then this comes out of the blue and i'm it's my understanding and i haven't asked this question but it's my understanding that the operators are not been involved in this measure i don't know the weather that portends well for their being included in the future discussions and so i you know i'm i'm at the point where i don't have assurances that a lottery wouldn't be used and once we eliminate the need for an e s a then it might open for the department to be able to to not renew all the permits and they don't have to do m and environmental assessment in order to move ahead with granting them all new and it sounds as though it would have to go through a lottery so hearing that i i will be supportive of this for a number of reasons one is i don't think it's fair to put people at risk in that way and i feel that the you know the assurances that we've been given i want to trust as well but at the same time i was told the would be no changes to cora until we're done with the other and i'm more than happy to have that conversation the rule making takes takes longer but for them to come back to the council for changes and kora whatever they are doesn't take that long because before you can do the rules we have to provide the direction from coun upon which those rules would be correct would be crafted so at this point i won't be supporting this measure you know i give give mr goodman a lot of credit for the hard work these put into it but i'm i'm just not comfortable that we're providing the appropriate level of for lack of a better term protection to the industry while we go through a discussion of whether a concession makes sense or whether we should end with your recommendation i would agree with that we extend the permit period a one year permit is absolutely appropriate when we're starting a program but after twenty years a one year renewal i just don't think is fair so i'd like to see the all these discussions happen with the industry in committee before we make a change to up prior to counsel but as i stated i think a lot of these issues that came up after the fact are let's just draw everybody back into what is before this county council section seven repealing it or only dealing with the environmental assessment self imposed by that council or not dealing with renewal permanents we're not dealing with all that other administrative stuff we're dealing with basically removing the requirement of a permanent applicant to go through an environmental assessment so that that they can permit can be acquired so on the other side of it is like what is the detriment of those permit those current holders if we were moved that that requirement for the exit environmental assessment i really don't see it right before us a detriment so what they're talking about what you're talking about chair is a speculation of what may happen and i cannot go on a basis of speculation that basically they're going to get hurt i don't have that the issue is not ripe in my mind because of the fact that i have no i have had no prove or no what is the effect of removing the environmental assessment requirement and i didn't see no no evidence pointed that it would affect the current holders other than the speculation that you know the administration is going to wipe them all out i think you know that i'm sorry chair i can't go off with that i have to go with what has been presented and it's up to the body if they want to you know vote not pass it out or go forward on it i  just have to say that i tried my very best to present the issues that were explained by the department and the department wishes that they wanted to move forward on this and they they drafted this repeal we had  kora industry here at all the meetings in fact i requested them to put their issues in writing we did put those issues in writing and presented to the committee and also sent those written  issues to corporation council as well as the department they responded and in written form that's all in everyone's binders and then they went and explain their answers and i believe this th as was was here today as it was here during the explanation and it served as a resource person and had agreed that this was the right thing to do or at least not the right thing but you know she wasn't going to you know really you know was somewhat agreeable to it with the understanding that the department was not going to affect the current permit whol and then all of a sudden when it goes the first reading these new issues come up and then we respond to those new issues and then second reading comes up oh no now it's the renewal process so let's not get caught up in the forest like you always say chair let's focus on what is before us not things that may or may not occur and we have the legislation power to create laws i guess what mr couch is stating otherwise there their intent then it's something that we can move on but i haven't seen any signs that they're they're going to go after the current permit holders part of my reason for feeling the way i do is that individuals were told by someone in the administration that they are going to cancel all the permits so  mean you're right we shouldn't speculate but we often speculate and here and i voted in favor of it was in committee and at first reading but at this point i'm oppose it simply on the basis of erring on the side of caution because it's clear to me now that this could be if could be a situation where they're they're all not renewed and then they have to go through a lottery and i i can't i can't imagine that happening but to err on the side of caution  german import of mr thomas i speak in support of the motion and i support my committee chair a couple of things i would like to speak for me it is this is more narrow than people have tried to expand the scope of my reading is we just dealing with the environmental assessment component of section seven that's our read the bill is discussion about whether the rector hanna can permits filled one that revenue especially because we tend to forget we talking about the people's resource this is the public property the public's assets in the private property so i don't see this in the normal private sector business sense you dealing with public assets that belong to the public first for their own needs not a business needs their needs and you know my thing is i'm not into giving guarantees either chairman and i would i would say i agree i think there's something at the time has come for review and we regions but when before me today is very were dealing with the requirement of the environmentalists assessment and it still my understanding is those with the permits today did not have to deal with the environment assessment and those that are on that waiting lists are aware for whatever bucket they're in if we don't repeal this state would have to go through that process so and with those thoughts and seem none all those in favor of the notion of loosing time i say i i those oppose a no  untitled a bill for an ordinance amending ordinance number forty one twenty eight bill number thirty two thousand and fourteen authorizing the mayor of the county of maui to enter into intergovernmental agreements for loans from the state of always drinking water treatment revolving loan fund for various water projects  those adjustments or basically we had to increase by over twenty five percent for the project of the two point one million gallon thing replacement and more than fifty percent more for the liquids think thirty booster whereby we had to temporarily eliminate at this time a latino luna road booster freeze one project i would just say the chairman it is always interesting to me when the economy is down the private sector particular construction industry bases to put projects in to get back on their feet and to restore cash flow within the community other times are great and now we' at this time and here we have two projects see the impact of what really is going on this county would see a peak twenty five percent or one in fifty percent more on another project becomes a time when reno can share this because all counties get impacted by the environment of the real project on oil thank you joe thank you mr okama any other comments on this that and of ireland does put into the overall budget for this county but thank you to mr obama for putting into perspective in relation to another ireland's needs you know being reflecting on us here and thank him for also  reiterating that he will work on putting projects forward i mean currently you know we always talk about was a country in the area of water and but there's a project in west now we as i can see is good to go but it has no water so it is at a standstill it's a project that has over fifty percent affordable in it and everything else that we all talk about so you know in west maui an additional source and water absolutely gorgeous once again this year so we'll come back to a chamber after the end of the year that will look much less festive but nonetheless it will still look nice and with that i we don merry christmas happy and prosperous and healthy new year we've challenge many things this year and we have many more on the horizon but again with my nine colleagues colleagues are switching myself included i think you should early on did you wish we had more like the band cohesiveness working together well i i think i differ with you in this one since we do work together we do have different opinions and we do vote differently but we do work well together and i think we are very very good harmonizing ma'am not singing because i traded yesterday and field mr bill and i apologize for that but i want to wish the entire all my colleagues all those in our staff  under your leadership as well i thank everyone for their friendship and colleagues we've all the i guess difficulty that we've been through and and the happiness that we will share and continue to share among each other counties especially hope to have voice county state hard i think our christmas present this year is that the federal government finally got wisdom and passed a transportation bill that gives us five years of dedicated funding to move our projects for it to improve our communities lives and so i think that was a great christmas present early for us i want to thank all the people of this county that makes us so unique and special that even though for those as on i we had a difficult year of the miracle of christmas for us to look forward to better three things better days ahead is something that we take great pride in cherish within our hearts and also like to see that on behalf of the marion's we thank all our men and women that serve this country in these difficult times and though they may not be at home we are in our hearts as to our service people armed services the non profits opening statement i appreciate the reminder for why we have why we celebrate the season and i i think we do this chart the year and it is my hope that twenty sixteen we continue to carry what truly dwells in our heart and that is caring bunch of people that i work with their hard workers i want to thank the office of county service for they putting up with people like me and i also appreciate administration though we may not always be in harmony i think at the end w and my my sincerest wishes to you and your family for this christmas celebration as well as for twenty sixteen and me we all think of those that have health challenges remember them sentiments especially mr com i made a good point there are people who are serving our country outside of this outside of their home and you know want to give us a serious thanks want to thank all of the colleagues  you know just like any other family we have our issues but i think all as i said in my opening remarks last meeting we all have the the county's best goals that are we do live in the best county in the world so i appreciate everybody's hard work and i want to wish everybody happy holidays merry christmas and a very happy and prosperous new year thank you fair and i concur every single word my fellow colleagues have stated thus far so i won't repeat it because i only have thirty seconds but i want to thank mr hall comment for his opening comments as in what the reason for the season and kicker he could comes to mind you know love one another and it's something that we it's not just let's remember this today or this season and every day occurrence and it's and yes to remember the people that are away from families even incarceration you know these people cannot be side by side with loved ones family and people overseas and what have you so i think i'm looking forward to the new year and we always have one wants to do those resolutions those dreaded resolutions good luck everyone with those if you intend to have those again and for us this counsel of course we always learn day by day with one another by one another and looking forward to further improvements in learning and accomplishments in the new year thanks everyone for our yeah you know we all may walk to the beat of our own drums but didn't hear who's number one but we all collectively community and all of us included decision makers have made it number two at least for best place to come to visit so thanks everyone for making that happen and thank you thank you m