to go ahead and call this meeting to order read it first item is public hearing public testimony anybody like to  publicly testify yep yep public testimony is open right  now yeah we can do that ok so then the we're going to close public testimony for now and go ahead and the next item is that in michael carlton holiday b m b a two bedroom bed and breakfast home located in the interim district one approximately eighty three hundred ninety square feet of land a and the bed and breakfast that is purples and in front of the commissioners i thank you commissioners after being here today i would like to take the time i am to that you know that the applicant is here president and would like to do the power point presentation and so i want to turn the time over to michael cardin so he can go over his presentation with you thank you and his wife you this morning my name is my carlton this is my beautiful wife you bet and we are here today to talk about our proposed bed and breakfast and just thank you for the time that you've allowed me here and so  today i just want to go over really quickly everything that we have we're going to talk about was in our application so you probably see most of it so i just want to go quickly through it but i'm going talk about just show you the spaces that we have the day to day operations how we plan on operating it tell you a little bit about it and then take any questions that anybody in my next life please so this is the house that we have it's ten whole little place it's four miles east of town covello or i guess it's on the water side  next slide so we do have two bedrooms in there and the permit says that it's a two bedroom bed and breakfast but it's not really the case because we're going to rent it out it's like one little you know it's a small six hundred square foot we're only going to ever have more than one group of people there there's going to be no more than four people it's a very low key very basically just renting out a little space in our house we have a master bedroom with a queen bed and then if the group happens to have children we have bunk beds in the other in the other unit so next slide there's a small living area and then a small little this is all one room is just from one side to the other so it's just a small living area with a well a little bar area slide and then it has a private one on the back and this is the private entrance that it has so we live upstairs this unit is the downstairs section that doesn't include the garage next slide and then just to give you an idea of what it looks like around there so we live on a cul de sac there's only two houses on our called the sac and miss melinda smith this is from the back of the house looking towards the water so this is our house there's six empty lots of the end of the call the sack there's nothing out there this is from our back of our house that looks out to the woods so there's nothing behind us on the other side some woods in there's another some houses on the backside  is from whole place from our street so this is where we look at melinda's house and that's what she sees when she sees our us and exploited and this is from cam highway from the highway what you see so that's our house over there you can see the two empty lots in the front and then the two lots of houses and then there's six empty lots in the back and then this is what we look at when we look out through the highway so excited and so basically how we want to operate like i said this is a very small operation i never thought that i'd be standing in front of a bunch of people telling about renting out a couple units in my house but it's six hundred twenty five square feet like i said it's basically we just want to rent out the small space on the bottom we have two bedrooms there's one bathroom and we have a private entrance downstairs and we'll have no more than one group of people at a time we have plenty of parking for that and obviously it's a bed and breakfast so we have to approve we have to serve the approved continental breakfast so we have a menu that's in our package and that's what we've you serve in our guests and this is just some sample house policies is more than that but the rest are in the in the package but we will be on site we will ensure that you know all the rules are enforced and that we answer any of our guests questions and of course the guests would get this before they even come  and then a little bit about us so we've been married for twenty nine years i have and we have two sons one's in the coast guard station in kentucky the other one's in the air force he station in lachlan i just recently retired from the military from a wahoo after twenty five years my last seven years were on who we first visited molokai in two thousand and fifteen and after three days we were hooked and we fell absolutely in love with it and i grew up in a small town in vermont of eight hundred people and this reminds me very much of vermont except for the fact that my hometown in the winter time zero is the high for about a month and a half so it's like vermont only warmer we really enjoy  here after a couple weeks of coming we bought a condo down in a high and so that we could spend more time over here and then we started renting it out when we weren't able to come over here and started renting out very very well and we've done this pretty popular and we were going to move into that when it came time to retire but it were rented out so well that we decided to leave it rented and buy another place and we we found that we really enjoy all the people that we've met from all over the world and we've had people from australia and japan and italy and just meeting them and explaining everything with there's a dual molokai and just sharing the island that we have here we've we so any questions from anybody about that up for questions which show he'll be here to answer those questions that are addressed to him but i just wanted to let you know that currently right now as we stand a department there nor permitted bed and breakfast operations within five hundred feet of the subject property there are no more permitted short term rental homes within that five hundred feet of the property and as of february fifteenth twenty seventeen there are no old permitted bed and breakfast homes on the island a moral code and within the community plan region the back bed and breakfast cat there is no cat for the community plan region so i just wanted to kind of give you a little bit more facts about the bed and breakfast in it in its entirety because it is the first bit of breakfast that is coming in front of you today so thank you so yeah we're going to we're going to go ahead and open up public testimony again at this point is anybody from the public have any input jim my name is to knowledge orange and i live i spent thirty two years in natural resource management i had supervisory program of planning multiple forest below as well as e p a and nonpoint  regulatory grants one of the things that disappointed me when i lived on the west end was the number of people that currently are entering properties they don't have the property as a rental so they show it as a personal condo so the county is losing taxes in addition to states losing taxes so you've got people wrenching making money that most of them aren't residents even of hawaii and we're losing revenue we're losing revenue for schools for infrastructure etc so i've said that and that's enough i want to get it off my chest i think we all know about it county seems to touch it state seems more engaged because of lost tax revenue and these folks are the first there seem to play by the rules and this will benefit molokai long term locals generations because you put money into the schools you put money into the infrastructure and these people play by the rules and i wish we had more folks that come here that buy property that then make a profit that would play by the rules so i strongly support this permit and i think it will be refreshing unit and you for that very beautiful and follow the rules and i think that's really important i do have some concerns however and these are neighbors to be informed adequate parking and whether or not use their reside on that is a concern only because there's water issues water is and because the water is very that too much water to go around and that is my concern if you're live here food time great if you're only here part time i have concerns i also have concerns that if you're renting and living here that is my concern another concern that's well part of the rules that you said you followed my concern would be disability act regulation to be sure that that it is assessable for disability for those that are the living there and provide services for whatever your guests are i'm not sure i'm just you know so those are just some questions i i have at this time oh yeah i did one of the men and he said you read a condo  and that you continue to rent it i see there as it's being a business opportunity i'm not sure how it will benefit the community as i don't see any application as well as its sister short term rentals as it relates to our community plan and title nineteen so actually before i gave my input i actually had a question sheriff you permitted regards to bed and breakfast is a short term rentals was vetted by this community so that we had an opportunity to have those types of permits approved by this body on an island if you can explain  that because i know right now it's quite ministerial in nature both the bed and breakfast and short term and i'm curious about that i'm ignorant of that fact and before i provide any more input i'd like to understand that ok michelle said that clinton can address that later just go ahead and make your testimony and after the public testimony is closed ok so i know one of our previous testifiers mentioned that this can be determined commercial activity and i know enough just enough about bed and breakfasts and short terminals to get myself in trouble but i do know that courts have upheld they're not commercial enterprises because today they can be a single family residence and tomorrow they can be a short term or a bed and breakfast and the next day they can be a long term rental or a regular single family so it does beg the question of commercial activity in areas that are residential by community plan area designation as well as zoning and i understand that in title nineteen we have you know in both interim and in the designated areas that  of these uses are permit permissible when they go through process they don't meet any triggers where there is an adverse impact but the one adverse impact that i see as a release to me with this quote is a commercial activity either either way both bed and breakfast as well is short term rentals that we should be concerned about is that he is our property values the taxation that occurs because of the the clause a commercial activity existing in residential areas that were normally designated for a long term  and we can add that with all the other secondary impacts that i know they're able to be complained upon it said through channels but it does not address the adverse impact with regards to our changing the character of our neighborhoods and the values of the properties that we have that we invested in because we want to raise our families there and have them continue to represent the character of the community and then lastly i know that you can't say you don't want something in an area without providing an alternative and we do have areas that are designated resort we do have areas that are conducive on the island that have been zoned for this type of quality commercial short term activity or better breakfast today and those we do have those areas and for example in the wa crust property if i'm not mistaken east that's why only once as well as west and so i'm not going to say that but if you had to ask my opinion about the two i'm more interested in hearing about bed and breakfast because it's a on island resident property owner that lives and operates that i am about short term and i know that's not on the agenda but the two go hand in hand and i think we have to do our due diligence about this issue because this is precedent setting on the decision could be made with regard to this project is precedent setting it's a first bed and breakfast application to be approved by and that's significant not to mention the ones that are operating illegally so that's just my two cents clarified but as far as i know one of the things that has always been clear is that the commission was hesitant to put together and one of the reasons was that they were hesitant to put together specific rules and caps on been amber this is an vacation rentals because they want it to end here too and be consistent with the community plan i think that time meaning of this application is  not beneficial to our community the community plan process is now going on and that's something that this entire community work really hard on and within that community plan we talk a lot about how character of our island and about specific areas and some of the area content and what we wanted in there and how we viewed our community i like graig would much prefer a bed and breakfast is  compared to short term vacation rentals for the specific purpose that it was intended to have residential use in that community now i'm not sure from the applicant's testimony that the one hundred percent full time residents i'm not sure whether or not it means that local families will be able to stand local residents i don't know how those policies are working in what is being acceptable bed and breakfast establishment i just wanted to make a comment also that when we look at the definition of commercial enterprises and those things and we use that to categorize how we designate zoning or do permit noble use i want to inflict something anything to me on a personal and in our cultural social environmental climate here that has an exchange of money for services provided is commercial and unless when you say it's helping the community and this is what is coming in unless you're one hundred percent resident here and your dollars being spent here as an resident of this island full time then that's not really one true statement i also believe that one of the things that that make us special and that a lot of people move here for is that we don't step in off our areas to be in the pendant in the wind at their view to foundational values we want all of our community to come together that any place on our island is comfortable and is is the same one come to the way we view our values and the way we want our community to be to be raised our children and so on a local i has long been cited as the residential area if you go back in history it was also where temporary fishing villages were set up so that people could do short term call it vacation but they would stay there and there was a very many residences throughout the years we've been giving all permits  allowing people to operate vacation rental sporadically throughout communities on our island and i don't think that's a positive thing i don't think that it encourages strong communities there's a place for vacation  rentals and there's a designated area where they are permitted i think on to this commission and our county comes up with an agreed plan to stand with the molokai community plan that designates for areas that are permitted for this use we've got to hold back a little bit once you open up this door and you let bed and breakfast is start to infiltrate in our residential areas we're looking for problems especially when we don't have clear defined regulations and rules and things that help us to take care of this and make sure that it doesn't go beyond our control of this community so i just i just want to i never ever went out of commission went to the i sa here long enough to know that you guys do all your homework and you guys love this community like me i just heard that before you make a decision based on they did all the right things and sign all the right lines and did all this stuff that we look into the future as to what this president's going to set for ireland and how that's going to look twenty years down the line because you don't go in flood of people who don't creatively try to turn their vacation rental into an bed and breakfast just to get one permit and  is a balance between commerce and bliss  michelle tells me this got to kind of wait till the public testimony is over and then he can answer everybody's questions one time ok then the second question is about applicable regulations on number he says the bed and breakfast home permit shall be in the name of the owner for fire who shall be a natural person and the owner of the real property now when it comes to law if you go through black's law or common law and you define natural what does natural mean there's a new one no it means native one who's from that land so then my question to be hopefully gets answered while i'm here is if you are native to this land then another question would be if the county were to give you this permit but you also knew that the native people and w called local people were to object in their hearts and in their spirit they they knew that this permit wasn't good for the future generations would you still go along with that with this economic process that you're trying to build so i only have questions to you what is natural mean to you if this is your bliss and if that is balanced with the economical resources and if they give you the permit but you know the island in the people of the eileen object would you still go about with building your business and would you feel right in your heart to do so you don't have to answer it aloud but you can answer it internally thank you for your time like this and we need to keep it like everybody i've never missed a meeting until i got really sick and i'm back my sister went home to be with the law are about i'm st here the thing is though we have to be appreciative ily please you stay you have to love the lord because every one of us meets here and that's why i'm you don't have to make nobody measurable because nothing's going to go down everything's going to go what no matter who you bring on the island because you want life  today is money two bit use money greed has set in there's no love for anything but yourself this while i need to let you know i've been here for we may not have anything you think well we have the bass if you want to be of here you want to enjoy life then take it as it is because all the this commission is able to vote on this issue and my heart and i rest like explain why cause the camera is going my heart is that you get people coming up here emotional  unprepared and have doesn't have the right information about what is going on right now if this commission under its guidelines and responsibilities is not able to deny an application there is because there are no restrictions that prohibit it and he's done everything he can and in the end you guys not be able to find any adverse effects that term that does not hinder this project or allow him not to have  do people know me come up here and testify and pour all our hearts and look stupid on camera and see things that is not even relevant to this project and because our people are  smart the the law of this place but please take a break please i ask in the commission you can do this you can ask them for creatine to explain and clearly explain to our people what we test the finding a ball and if there is even so i just i just wanted to explain a little bit about the process this is a public hearing so what the community members are testifying to is an important part of the commission's consideration as far as what the what the law is and the parameters of advising that we're going to get into that after public testimony is closed but we don't want to interfere with the public's right to speak its mind so i would encourage the public testimony to continue and to try to keep a reasonable limit so everyone has a chance to speak thank you right and now you're renting it out so and then now you decided to buy a place down there which is i'm assuming he's too big for you right so now you decided to make a bed and breakfast out of it you know the way we live on is we live by our means we live we what we have in the meat we don't take too much and we give back so that's my concern and my concern also is that all of this is the zone we can change and this can spread like wildfire basically you know if you can bring the persisting that we have here change it to whatever it may change to be but i am kind of in opposition of them only because i still eat from the ocean that's in front of me we still hunt what's behind me i grow my own got in i don't think and neighbor when we go who we get too much fish we give that a neighbor we do not buy it is amazing and i am i could be wrong but i want to know if you up by me in my garden and the crab i take from the ocean in the diomede that issue from behind my property not mean particular not of the some older but those that come to my home and help me sh and share but i still go to the ocean to get seaweed i don't see myself as financially disabled i have enough to live on to the day i die i don't need a fancy fifty inch color t v because my t v is across the ocean what i'm seeing here and i could be wrong but i figure you guys only come when the snowbirds are back people get leaves here the people that work  for me one of the biggest issues is that as far as i know there aren't any limitations or restrictions in terms of distance the details how close but in breakfasts and short term rentals are allowed to be located in terms of distance proximity to each other in regard to this particular bill into the bill mentioned there aren't any other ones within five hundred feet or thirteen hundred fifty use that that is another one half a mile west of the bed and breakfast in the short term until they're there they're just not in the five hundred boundary so just to kind of maybe repeat was said i think that there needs to be more provisions put in place that provides a criteria to create a more selective process and something that protects the neighborhoods from becoming oversaturated with the short term rentals and but in practice you know we have adequate hotel and condo accommodations already i don't think are ever a full capacity there is with chris shores places that are there to already serve the needs of visitors  just think it's so wrong that people move here from somewhere else and immediately try to find a way to exploit our island and you know i just really think that we need to rein in the permitting until some control can be gained and there is more chance for us to take part in the process of creating a guideline or something that the community can be ok with before any more short term rentals or better breakfast are approved  and the fact that you already have a rental and it rented so well that you bought a new place and want to rent thought as well it kind of just rubs me the wrong way and it's not the responsibility of our island or people or resources brought to provide you a money making opportunity i had the mainland mentality this place was a blank canvas my white being from here change that mentality for me and since i love this place so much i do not want to see another bed and breakfasts and i'm sorry but honestly what i believe is i mean a lot of people in our small business that come to this island have a lot of outside money that are trying to buy the cheapest places here and there are actually pricing out a lot of the local  community me being a homeowner i know how hard it is to work to buy a home so to see people come here and buy the cheapest places and then rent them out for profit only makes me sad to see that other people in this community cannot afford to buy a place and well benchley end up running from people like these guys and not the same thing about about you guys but i just think that this is not something that we should open up the box for as far as bed and breakfast and my question to you guys is would you want a better breakfast next to your house you know and that's how i think when i think about things i do over here how would i feel that was next to my next door neighbor i live right here in ranch camp  houses right across from the basketball court i would not want to bet in practice next to me if anything i would like to have more rentals for local people to have a place to live so they don't get priced out of their community the problem with over here is that you look at mao we look at a wall and you don't want to see malke i turn into that and if you guys love this place as much as you say you do you would not want that as well you know and i've been here since two thousand and fourteen has made me realize that i would never want to live another place and i'd never want to change what we currently have right now we currently live in the movie avatar and if you guys mess up there's no turning back thank you the department analysis relative to the community plan that the property is identify programs adventure uses it does conform with the various  we would say that the mechanism was created bed and breakfast permit so that it wasn't as onerous permitting as having to get a conditional permit where you have to go to the planning commission and the home school to allow for these types of use under certain restrictions that was done by the council in one nine hundred ninety eight upon review where they created the type one type two type three type one one and two bedrooms type two three and four bedrooms type thirty five and six bedrooms in the eight or nine years when they later when they meet viewed it there were only about thirty match issue for the entire county for bed and breakfasts so the council took a look at it again and rebuys the ordinance which is  chapter nineteen point six four of the county to further refine some of the primitive mcquire ments bed and breakfast permit on page six of our staff report under i don't four we list of restrictions on standards for the bed and breakfast permit under i don't see the owner proprietor shall be a resident of the county and shall reside on a full time basis on the same lot being used as a bare number miss home so the applicant has to meet this requirement they have to live on the property as opposed to a short term rental home permit operator where they don't have to live on the property there are various other criteria team all bed and breakfast won't permit applications on more locally and one money have to go before their respective planning commission as opposed to the short term rental where it goes to the planning commission and review only if the neighbor protests threshold his net certain amount percentage of the neighbors within the five hundred foot radius  are in protests or there are there is already two permitted short term rental homes within the live under foot radius all by concentration this one for the bed and breakfast so it automatically goes before the planning committee regardless of how many regardless of how many permitted the bed and breakfasts home permits there are in the five hundred foot radius which just is the first one there are none and regarding this if there are you know they meet the neighbor owner  or not and just gate they didn't meet the name or protest but regardless it still has to come before this commission so that was a decision of the council when they created the amended legislation in two thousand and nine ok commissioners do you have any questions for the applicant property this permit would require the owner to reside on the property  that's correct that's one of the criteria and you get a short term i mean if they get a bed and breakfast permit then under criteria they lose their real property tax exemption they cannot claim a real property tax exemption ok thank you so i guess that would actually be a benefit one of the benefits of the b and b is you would have the the owner the owner and the operator living on the property and they would be able to mitigate any issues that might come up with guests and the guest behavior or activities that would would you see that as a benefit  owner lives on the property so it's a would be able to address any problems arising from it up and impact this home operation it's not like they have a property manager like a short term  one other thing i noticed in reading the conditions and the laws pertaining to granting this permit is that if for some reason the resident owners have to go someplace they've got to notify the neighbors that this new person is going to watch it while we're gone for a short time but it's not like they can just up and decide they're going to live here six months and some place else six months it's their full time residents there are members of your community to members of your neighborhood  british did you guys understand what plane was saying i might my concern is that i heard a lot of people come up here but a lot of it wasn't related to debate and so i just wanted to make application process now my question to the applicants is are you going to be full time resident thank you you kind of jumped the gun on that one we supposed to wait for civil to make the stuff report then then you can make devotion yeah oh yeah absolutely  commission so is there any more commissioners have any more discussion before the staff report to come up in here come up here and say you did you did understand what claim say then i'm ok with that but if you're going to come up here and just talk nonsense then don't  if i could kind of add something into the discussion to be so that the county governs these permits and it governs how you analyze the permit how somebody would apply for one or not and if there are any restrictions like caps in certain areas doesn't have a cap we also don't have any b and b is here so this is the first there are a number of short term run on homes that have been either approved administratively or approved through this body as far as impact you know the community and the commission can be the judge of whether  b and b would have a more significant or less significant impact potentially on a neighborhood one of the criteria is that whether this activity a b and b home craze any impact greater than  what's existing in the district and to conform to the character of the neighborhood that's a pretty subjective criteria some of the public testimony especially if it comes from people who live in the vicinity who would be directly impacted by an activity you know that would weigh into your decision making for the public the way that the community speaks through you are a county council and through t county code if you have opposition in general to the idea of short term ronnell or a b and b as you need to communicate that to your county council members because they're the ones who can change the law the commission is charged with analyzing permits as they relate to the existing law so that's what they're doing today thank you piss can i add to the department if i may the comments so we can try to help clarify before the community comes up and disagrees or  you know add in their their comments so the bed and breakfast means a use in which overnight accommodations are provided to guess for compensation for periods of less than thirty thirty one hundred eighty days i think this is wrong so less than thirty days or one hundred eighty days within that within the thirty day calendar period in a normal order them to detach single family dwelling units one of which is occupied by the owner proprietor each bed and breakfast home shall include bedrooms one kitchen and living areas and showing crude no more than six bedrooms for short term rental as specific within the zoning district provisions of this title so what that means for moral code with chapter nineteen point six four bed and breakfast specifically has tyria is designated for moral code because your county council and you county consummate decided that there is certain provisions that should be except for more established into this ordinance and i would want to let you guys know breakfasts aside from maui county all of my we call a nice bed and breakfast it depends which district they're at and the triggers that they trigger they do not go through any commission it's all administratively approved for their first time initial bed and breakfast application apartment is the only commission is the only bit of breakfast permit that initially has to go through this commission and this commission will make the final decision on every first initial bed and breakfast meeting every bed and breakfast application will need to go through this commission and this body and  and so they have to apply or they are regulated and there are between seventeen to twenty three conditions after they get up rules that they have to abide by and they have to come in every three after the first initial year of approval or they have three years of operating after that three year moral code is the only one that are designated every year to come in for renewable molly and i'm not you however is every five years and saw also you have to understand that in the year twenty fifteen our enforcement division cited twenty seven eagle transience vacation rentals on whether they are bed and breakfast operating or their short term rental operating so twenty seven alone on this island are illegally operating that day to that the there are only ten per minute is short term rentals and so from today's date there are a total of fifteen permit is short term rental permits some of them which did come through commission others were administratively approved and so this is the first yes this is the first initially initial bed and breakfast application that is coming through the commission what else yes or any of those illegal ones the ones across the street from me some of which yes and so doing during that period what they did is they came through so there was a group of individuals and organizations that came through county council to actually ask for these and for these illegal operators to have a time period of which when they can come in to actually be permitted so this is the only level of community input that you actually have to actually make an impact to actually provide conditions because whether we like it or not it is here it is here and he said it started twenty years ago  whether we want it or not it's coming it is how and the level of conditions and how we want to keep the character of this island the way it is and soul what our council stresses that council can help make that determination people like you guys can comment and and advocate for you know for what you guys feel that more because you have your county council member and of office right here everything is on the  website so you will have the report at hand as soon as they have it at hand other agendas the minutes the planning commission they put out on notice a filing for those who are living within that vicinity so we try  the department and the county try their best to to actually communicate with the public so that you guys have adequate correspondence that you guys have that time an uphill ability to come here and express yourself and comment on these projects so that's all i have thank you once across the street from me there was operating before i built my house in two thousand and i thought it was all grandfathered in already until i got a couple of last week that said that they're not they're applying for short term applications but i always assumed that they had already been grandfathered i don't know when those cottages were built but they was there before i built my house in two thousand and the only problems ever had down there was one guy came down the hill and drove his jeep straight into the front one that wasn't their fault i was drunk at the time the only other problem was another kid going eighty miles an hour east when flipped his car and they had it in their parking lot all the time i lived there the people staying in the short term rentals never made trouble applying department but i don't understand a lot of the process here that doesn't make sense one one particular reason is i was there for a kip dunbar's discussion on his conditions with his short term rental twenty years ago i was at those meetings with the community and it was very clear that our community was concerned about how that particular original animal of a short terminal was coming into our community and they had a lot to say about it here we are again today at this venue with not even close to any percentage representation of this community about to make a decision a so precedent setting for our community to legalize this now again i'm not giving you my final opinion on on whether or not i support it in prefaces i know i'm very against our terminals for specific reasons but where was this vetted it i don't agree that it's consistent with the community plan i don't i don't agree with that claim because we've had three community plans that we still have interim zoning ministerial in nature and by their essence of how they were created without input from this community it's being shoved down our throat without the community having its opportunity to provide input their their  process if you will or if i said that correctly due process under the law whichever due process input is so i don't agree with that and so everything about adverse impact with his body if this is something you guys make then let's just talk about  why i don't understand what clinton saying is that it's nine six seven four eight from this town to all the back side a whole lot of value back sight and six seven four eight every single thing that happens from the zero mile marker east impacts me impacts every resident here east of here comparables real estate decisions policies it's all one zip code it's all one census track so for this commission to say that is because we don't live within five hundred feet that we don't have an impact that's not fair that's not  fair and it does change the character of a neighborhood clayton explained this body about pyramid zoning and why we can have residential use in commercial areas this is a cause i pyramid reversed scheme zoning were having quasi commercial activity shoved into residential areas not in resort areas and not in areas that it was approved to have such use so whether or not that this body or the county council member or the council as a whole is found it convenient t in the code and how this discussion with our community that's not my fault i'm here not sharing that with you and cautioning you before you guys act that's all i'm saying that this isn't is precedent setting there's a lot more information in education that i need as i think a lot more education decision that you guys need and there's a heck of a lot more opportunity this community needs to come in to weigh in on this issue both for short terms and and for short term models as well as better breakfasts so i am confused and i don't understand what you said that's what you guys don't understand put aside the money and look at what we have here is the last and the only island there is going to be ladies and let's  sounds like i'm hearing capacity long term this is the first it's usually you know early bird gets the worm this is a permanent meeting they've done the their homework so early bird gets the worm but it sounds like in the future definitely need capacity of how many of these second on ice i saw for several years is it's going on in the county in the state are losing revenue that means your kids are losing money for school we need air conditioning on and on i could go you know you guys know better recreation truck listening to council obviously you need we need here at the local level to build b m p's best management practices having worked in sustainable tourism and being a member of the international eco tourism society which is global some very very neat vision and mission statements and priorities is giving back to the people giving back to the land i think these folks will be educating people about will look at there's an opportunity from them to buy more  products or vendors what i saw on sustainable tourism with b and b s is often you found people that wanted that experience they fell in love with the island they came back for work vacations on the fishponds things like this that contributed to non profits doing restoration work or cultural work or arts so there's that aspect of what it can bring to the local community and to preserving the culture here buying local well the other thing as an old woman  i like the idea of b and b s i've stayed in them i feel safe for the proximity we talk about the west and that's a long haul to get medical emergency help if a child had an asthma attack you know somebody had a heart attack where there is proximity with this location to get to our emergency hospital and you just feel safe when you go to be you got to you know you got a meal and you could be educated and it's a calmer experience and the other thing that's looming and it's real proposed currently is ninety seven percent last e p a clean water action plan your clean water money that's the money that comes here to do restoration work the money to do or point source regulatory type water as well as non regulatory restoration work we're going to be losing those dollars so we need to think creatively i think as a community yes i wasn't born here but i've worked with many tribes you can talk to council shares of their tribes and i am one eight blackfeet mice i'm called a breed because i'm not full blooded but any rate we've got to find ways to bring revenue from people that do visit on this island for short term to stay that's going to augment the loss of federal dollars for ecological restoration cultural and the national endowment of arts that's just reality so that was just a little bit more import i hope that help of listening you've got a big decision here but the beauty of that visitors center building a group we've got this lovely lady right here and jennifer made and i wrote her stuff to build a sustainable tourism little group to put in what you want to build those best management practices in the old days used to get money from e p a to do that but those days and sadly are over ok thank you to the planning commission dated march eighth for docket number b b m old t twenty sixteen zero zero zero one for reasons stated in that report the recommendation that the maui county planning the apartment recommends approval of the bed and breakfast hold permit subject to the following conditions that the b and b home permit shall be valid until march thirty first twenty twenty subject to the further extensions by the director pursuant to the provisions of section nineteen point six four point zero six zero of the mommy kone cold time extension shall be filed at least ninety days prior to the expiration date of the permit the permit shall be deemed expired after the expiration date of the permit the bit ambient be home permit shall not be transferred and that the owner proprietor of the permitted b n b a home shall exercise reasonable due care as to third parties with respect to our areas affected by subject b and b a home permit and shall pick your at its own cost and expense and shall maintain during the entire period of this be and be permanent policy or policies of a comprehensive liability in the minimal of amount of a one million dollars and no one naming the county of maui as an additional insured insuring and defending that the county of against any and all claims are or demands for property damage personal injury and or death arising of this permit including but not limited to number four and number five that the b n p home permit is limited to only tool guests rooms in the main the  owner proprietor shall live in the main dwelling above on the top floor and the operation shall be on the floor the total number guess shall be limited to up to two adult guess and up to two minor guest per bedroom being rented that the b n be a home shall not operate during any times that all owners proprietors are away overnight unless the owners proprietors have a designated island in representative to serve as a contact person for the b n b the applicant shall receive prior approval from the current division of the department regarding the use and duration of this on island representative unless the nature of the absence is due to any emergency medical condition is that applicant shown notify all of the owners and recorded lessees adjacent to and across the street from the b and b property of the duration of this absence and the contact information for the on island representative so the b and b home operations shall be subject to periodic inspections by county and foresman personnel at reasonable times upon presentation of appropriate credentials that they begin be a home operations shall be conducted in substantial compliance with representation is made by the applicant and continue to meet the restrictions as that is pursuing two sections sixteen point six four point zero three zero of the colony code that full compliance with all applicable governmental requirements shall be rendered that the director will determine the effects of this permit for any such noncompliance any and such noncompliance may be a result in revo fire extinguisher with the minimal ratings shall be mounted within seventy five feet travel at this of all in tear portions of the facility that the home operation shall be available for a bi annual fire inspection is that prior to the ren toilets and for any dwelling use as part of the b and b and the b and b shall provide written verification of tax payments when filing a renewal requests the written verification shall be the state of department of taxation for six tax clearance application so in consideration of the foregoing the planning department recommends that the moral code you planning commission adopt the planning department's report and a recommendation prepared for the march eight twenty seventeen meetings as the findings of fact conclusions of law and decisions in order and authorize the director planning to transmit said written decision and order on behalf of the planning commission thank you thank you so anybody get any questions for civil anybody else want to make a motion anybody want to second that motion can understand the planning commission has to make his decision based upon the rule of law findings of facts and conclusion of law and regardless of what any one of us may personally want to do under this or any circumstance we're bound by that requirement so please understand that although this may not be the wish of some in the community it may not be the wish of the planning commission the planning commission is discharging its obligation to make a decision based upon finding of facts and conclusion of  in previous applications we had of added conditions shorten the review process period so that this commission could  take a look at the very first one we did we did we did that a while back with the first short term rental saying that after one year we get to talk to the community and ask honestly what impact have they had on you on the community you've got real feelings and real concerns did they come about are you seeing those happen or are these people being true to their word and they're trying to be part of the community and follow their heart and if at that time we see that it is a negative impact rather than wait the three years we can pull it at that time but again rather than just say the last what we're going to do let's put shorten the period to one year and take a good look at it because this is the first one make an amendment to the motion do you want to propose an amendment to the motion commissioner excuse me is that a question that you're asking the department has i can answer it if it's a question so yes the commission is allowed to add conditions or amend some of the starting conditions just to give you a little history back when we back in may two thousand and fifteen when we did have the short term rental i believe that you guys did a man some of the conditions and i believe the condition that you amend the commission  amended was in regards to the time extension and so that the time extension shall be in front of the commission instead of the director and was there a certain type of verbiage that you you added young men did through those conditions but yes absolutely the commission can add i'm in approved with conditions it's up to the commission as a whole thank you did i answer thank you thank you simple any of the other commissioners have the same feeling desire to have additional i have one more can i speak certainly so the commission also can recess if they want to have a recess to deliberate or can they also request for an executive session they can if there is a reason for it there may not be it depends on what the questions are you know in general though as far as your ability to make restrictions or change some of the conditions that are recommended by you further discussion you want to you want to amend it or ask for an amendment would you consider amending your motion to decrease the review period so that this so that the planning commission kim look at the performance after one year and see if any of the concerns of the community come to fruition i think what you what you'd want to do if you'd like to go ahead with that you would just phrase it as you make a motion to amend the main motion by decreasing the initial term of the permit to one year or two years whatever if you want to subject to further time extensions by their director so i think that's the condition that you're talking about is perhaps moving to make it a shorter initial period and then come back to the commission for further extension i guess i'm back up here and make a motion that we amend the recommendation condition one and that it would state that the b and b home permit shall be valid until march commission does anybody want to second that motion to amend the condition ok well then i guess it's up to me  making fun of nobody myself actually i move to approve it it's been going on for years legally and these people are trying to make it right to try to do it legally so they went through the process i think we should give them a chat so i moved to approve i mean a vote to a report should we move on to the director's report or do you want to take a short recess nap was due to the directors report so they are proved according to the better practice approval of the recommendations that the planning department presented to the planning commission with approval  special management or rules shane and really bercow so making the special management area assessment application for installation of a chain link fence would fence jane five hundred ten square foot concrete slab three hundred forty square foot platform behind the house and two hundred square foot shooting death located at three three nine keeping street cam k five three am civil as a stepladder on the agenda item that is in front of you today we do have the applicants here if you have any questions regarding it but the department anybody want to make a motion and you say the applicants are here thank you for just want to say thank you for taking the time to come and be here even though it's on the director's report and it's not an official review of the planning commission so thanks for taking the time out of your day and and being with us through this very important community process thank you chaired this meeting this meeting