today so if anyone would like to testify today on any agenda item please come forward to the microphone  live in my family for over a thousand years people say since time immemorial it concerns me that the planning commission i remember when it was being started it was being started as a  group of us who would watch the beautiful island of because for us to give testimony whether there were development or changes it cost a lot of us to get on a plane and get over to maui so we tried to localize it and over the years i've seen all kinds of s amaze being passed and all kinds of things for the east and as a landowner i'm just as concerned about  management how do i protect the land to sustain generations to come what do we do for example when mays are just dismissed or cottage  bed and breakfast is or short term rentals are allowed to happen what i'm not sure how many of you commissioners actually live on the east and live the lifestyle sometimes we have to deal with who walk all rules that pertain to us fronting us is a fishery and to harbors many times these fish ponds were built over a whole being so when we talk about high water marks i see that on your guises agenda the high tide marks those are outside the fish pond what walls is how it is now but that's not true the what these these fish ponds like to pick it was built across a big they're magnificent there are thousand years old you can't you can't go anywhere and see such beautiful magnificent work like that i have three daughters who have been to scotland in all three of them at different times they wanted to see castles they could go there and they could go back a thousand years and see these people's castles they make scotch in scotland my point is i was excited so that they would see how much these people love their culture they love their their their sites they love these things so much that they are preserved for thousands of years when our families built those fish ponds they were meant to sustain generations to come so every time i look at people because i look at people from i see your ancestors as i see mine we built upon confusion in my mind and it was to sustain generations to come so that there would be al food they'll never go hungry i call that economic i called it economic development i call our historic sites economic development so my question is to you folks who have these estimates going out and just don't be so flippant and just disregarding them like i said right now i'm not in enforcement level i'm happy to say that i am being backed i am being backed by a political organisation so that's great office  affairs eight years it's really difficult for them as it is for us but you know they're following the constitution and that's important and the constitution is us number one industry is tourism that's us see how much money they spend on these rolls that's the kind of money we should be spending on our sites those fishponds and developing them again there's a lot of homes out there that are being lands that are unclear title i had the privilege did we were forced to the table so when i got to the table i said protect our sites none of the laws protect our sites not really nobody's importing them the other law was if you come across burials not this kind  n one of the settlements so we did things that are outside went to the supreme court supreme court named us dominant and the government subservient you know what i call that upholding the constitution so all of us need to uphold that the native rights of the people is not just something that it's just that native thing again it's real it's in our constitution and this is the lifestyle that is protected here bed and breakfast is our big deal or the short term rentals are a big deal i'm not completely against them because like i said i have to figure out ways to sustain ourselves as landowners and we're not little bit land plenty that came back and our deal is with the government  meetings that deal with the east end should come out to the east end in the beginning when the planning commission was done i followed them i followed them to follow them to mom and follow them to easton and  because that's how important it was when they started it in my mind it was to watch and not turn into land developers but to watch over our lands and to make sure that for generations to come they can have this these riches like i say when you look at these beautiful ponds and you know all these on the east in home should no longer be built along the ponds the high water mark is not you know they had decided that the high water mark so please address high water mark it's not outside the fish pond walls don't even make sense ok but anyway sorry about that but there's several things like i said on the east end of big concern to us they're telling them where to goal where not to go not to walk on the coral you know not to invade other people's privacy because we're very territorial and very different here so there does the cap happen already should we even have a discussion needs to camp already especially from one and sometimes i've watched some things that have been sad and even questionable commissioners have been allowed to sit and then have their place just as a favor be given an exemption for vacation rental and then he turned around and sold it and is no longer here and so again you know i don't want to see our  planning commission become developers or become weak and give favors when we should be allowed anything more special than the next man or next woman i thank you guys for your time and i hope commission audible chair members my name is laurie buchanan for the record i am going to testify later on and agenda item but i wanted to bring up at this point because it's probably more appropriate now than later to bring up and i don't actually have all the agenda itself so on your agenda on the front page on the director's report on the last line in bold print is the commission here i think it's unusual i think it prompts i mean i don't know if the commissioners in the you know coach in wanted to know what you're doing on certain items but it seems kind of inappropriate to be that's my issue is either you have them all this did or you omit them all together and that's commissioners in your fiduciary duty you're supposed to know all these already so i'm just it seems inappropriate for to be there thank thank you any questions ok any further any other testimony mother margaret i leave there without no power after the birth of me she passed away and my father brought me home to h policy makers general he says outside of the public trust numbers of the of state boards and commissions of this selected for the depth of expertise arrays are specialized areas however the tools and knowledge they need to better fulfill their legal responsibilities very disrespectful for you chairman to stand sit there and smirk when a couple enough from our community is trying to give you money to help you do your job to a better liking ok you're not from here i can only assume but i am i was born and raised on oahu and now i'm here and i'm going to tell you that people do not want we lifestyles here that's why we fight so hard to keep things the way we would like them not the way the foreigner would want them i have to tell you that it's very disheartening because when i grew up on i was too young to attend the county commissioners meetings and they brought bed and breakfasts to our area now when i go home there is no how many ho ions cover their beach sides where we used to cover them long and why not because foreigners have come in and bought the houses for nothing and then turn around and sell them for millions which we're never home that's where in our country but we are house less never in my wildest dreams did i ever think i would have to live the way i live because i worked i did the american dream i went to college i made lots of money but then i broke searching for an american gene which i did a thing and i gladly give away so you sit over there mr chairman ignoring the people who are up here talking to for sale line for ever because of you public commission which makes regular rentals go up even more i'm glad you have a holiday fund of relief i sure hope cannot because really no running water no electric no highly except for what comes on out of a package called tarp and that newfangled thing called can yes my ancestors  and they fought for this land to keep it to keep the people here with the ability to sustain themselves we don't want big bucks when you guys been learned we don't didn't even know how to be because it was more important to be an american but you know what i'm here to tell you it's more important to be a cannot because we touch the land that our roots go back way deep you will never be locals you can't be your blood  sorry but what i would like to say it's please don't come and not listen the people who are here to put are talking to you and it's very hard when i'm sitting back there watching you smirk watching you interrupt never to be gracious be humble and just because you're the chair don't mean you can always be t o thank you miss him any questions for the testif thank you next testifier please keep your remarks as close to three minutes as you can thank you my name is  four short term rental home for me it's been a great person whatever it is because of all the fact that i look at a house policies i mean i see these things on the on the on the  just i don't i don't look at house policies because you know when it comes to county rules and regs and policies and procedures they do not supersede the law nobody is above the law including the county and so we have to go about a law and i don't see anything about our native rights inside a year i don't see anything about people being there at the house telling them stuff other than house policies like hey ok so this kind of stuff and a lot of things that are coming out in our in we don't like i don't like the shoreline set back that was said by one super you know i don't know if you fe about that but you guys should find out because that's why we got houses built on the response it's like normal fish pond when you see that the high water mark results side the fusion pond right talk to me this turn it around i know the person who did that he's been trying for years and he's been coming to you guys to duties and she's been deferred deferred deferred and deferred four times dollar ready those are the kind of things that we and issues and concerns that we concerned how to treat our environment how to be nice to the people here who leave you who are from here whose generations and family hasn't been your for a thousand years this is some compassion for us natives ok and it's going to startle we'll you know we've been all the way up to the ninth circuit talking about government corruption and the county of mali man is deep in it you start with the director of financ getting off this subject i don't like that i don't like the rentals i think they should be done away with i think even though the grandfather one should be should be taken off in the should be none but if we can't do that then let's cap it now to stop it now because you get in hearing the voices of people thank you very much what anyone else like to testify all my name is linda place and i also live in monarchy i totally want to bring something up that is because we're talking about it and that's why i'm bringing it up today we're scheduled a meeting on  april twenty sixth and at that time i was prepared to ask you some questions i wanted to know what was the difference between four from april fifth to april twenty sixth and then something that was listed on the agenda on the fifth was pulled for the agenda on the twenty six and this is a three bedroom home  that is supported by the nellie's and i understand that it was pulled because it's not in the five hundred feet radius so maybe it was put in there for whatever reason but i thought i when the commission started to come to you folks started to have a planning commission it was because so that the people of molokai could know what was going on in their communities because lots of things were happening and were decisions were made on maui and we had no notes saying that so they brought it to molokai and we appreciate that and we appreciate because you serve all publicly and you do it on your own time and i appreciate that however i want to get back to this puts aneli thing because i think this is my chance to bring it up they have a building they went in for a three bedroom but they have two separate buildings and one line i know is a one bedroom and it's fully equipped it's a cottage and it's fully equipped for rental and the two bedroom building is another rental that's two but when they apply they put it as a three bedroom because they could use it as a three bedroom but it's not it's not like  that i went online and it's hilly and i went online when we're going to have this meeting and i wish i copied it then because it was more information but i have here they already in twenty sixteen and part of twenty seventeen they had it on a rental so they shut it down on their own because they decided to apply for a permit but they still have all of this i pulled this this morning and it's a it's illegal and is not permit it and so i asked if this particular  can be deferred until until we talk about that capping because there is so many in that neighborhood and if there's any questions i know sometimes i don't make sense but i get so nervous speaking up here in a friend of people like you better talk or want to i had any questions and i thank you for letting me talk about that i thank you misplace oh really then i can talk more is that question thank you for your testimony thank you for your comments i was hoping to speak to the legal explain the circumstances behind anything that happens with the agenda you take certain of it ok thank you thank you for ourselves and our kids and our kids can take care of their kids now with the short term rentals and all of these things that's coming is making it harder for us to care kate going to block a block of our beaches and put up fences and i'm just totally against this kind of stuff you know involved there should be talked about up there not don't here and there's a lot of things on the agenda so all my big games all of it but i need to look and read more and educate myself more on top of th anyone else like to testify all moneys those done is not going to go up so whatever you got is what you got to leave so i really feel for people but you know what this is something that we all have to deal that enough money to make you so much money and is to want to come here make more money but they're not happy so you going to lead and be content with what you have to know what it's really like home a lot of them coming home if you look around there is so much homeless people why because the greed has set in that's what's happening today so you know to care for it we owe only those that we over here put these earth but we can't take nothing with us nothing what we've tried need today is for the generation to come love jesus he's the provider he's everything in our life today and every tea that we have on what will come from him that's why we're so blessed stand up for what you believe just make it clear that i am no longer a commissioner so i'm speaking as a member of the general public and i'm testifying  i have old blood and it runs deep i wasn't born here but i came here ten years ago to do a job that either nobody else knew how to or wanted to do when i got off the airplane i was wrapped in warm arms the spirit of this island said i was home i have invested myself i did my job with righteousness and i've invested myself in this i when i was asked i volunteered to make a member of the commission because i thought i could do something good and all longer believe that but the whole time i sat up there i was harassed harangued i was called i believe the righteousness of what you want to see happen but i can't help you sitting over there anymore but i've been called snowbird hollow that this young man pacing back here pounding his fists threatening he's angry yes that's a clip ok i have expressed on the key here the last at that last meeting we set up and we stood out there and talked and i tried to show you my heart but i cannot sit there and do that anymore i'll pray for you guys pray you have wisdom but i won't sit there anymore and speak to the issues because i'm not supposed to anything you have any more testimony marshall thank you and anyone else like to testify opportunity i'm on we call me this for reasons why you should invest in mali their number one reason is off the website rental rates are super high another site say short their rental properties  he manages property oh molly so this is this is off the internet and this is first and in the first hand experience zoning laws in ten to separate property use it what it is local families cannot compete with outside dollars our actions or inactions soley displacing our ohana elsewhere to read their families and i know all of us know you guys can all attend it has to do she's the chair of the committee for planning for molly county also for those who had questions earlier if they can stay on the agenda today is  workshop talking about the community plan is right here today and she's going to explain about the community and then there was questions earlier a ball shoreline sort of occasion i see that's also being offered up in a workshop today so this is where you stay and you learn the answers to your questions that maybe even the commissioners don't know because they have to learn to so take that opportunity it's free to educate yourself about all of those subjects thank you thank you laura and thank you for pointing that out and just to reiterate what laurie said there during the training period today there be a lot of information that might help make sense of much of the things that come before the planning commission so please testimony hi i'm making a play play i don't know what i could really say that would be redundant of what was already said i agree with almost everything that got said about short term vacation rentals and how areas so i just wanted to say that i also agree that any further action on permanent the rentals should be deferred until we actually have a cop in place that can give guidelines and boundaries so that it's not just growing exponentially with no end in sight it would be kind of backwards to just keep approving them while we're already in the process of having this resolution  i actually did start a petition for d i thought it should wait till it was on the agenda for vacation and i had it all ready for the last meeting but then it got cancelled so i guess i can bring it to the next but yeah just asking to defer any more permanent until we have some guidelines and boundaries thank you thank you for any questions have an inherent responsibility care for our oceans care for our beachfronts and care for our families those that live here and those that aren't here again he said remember we have all taken in all to uphold the constitution and the constitution number one includes us native people thanks guys thank you any one else like to testify seeing none go ahead and close public testimony and like to move on to the next agenda item which is approval of the minutes of the february twenty fifth two thousand and sixteen special meeting and feb twenty second two thousand and seventeen meeting they go put their question to civil or maybe pa yes i believe it's the november twenty fifth trap community plan which was when the commission of public hearing and that started  by laurence any discussion all in favor say aye any opposed motion car thirteen point one eight all of your special management area rules that the following proposed action located within the special management area is not development and therefore exam from the requirements of the application and assessment application to consolidate and re subdivide to parcel as it goes into two equal around there were some them a whole church building which was constructed around planned to be here but he had a medical appointment that he had to tend to but he wished to support express your support for the efforts of the church in just not waive its review and clinton please correct me along the way if i'm incorrect but this isn't this project hasn't come before the most planning commission for review this project has come before the most high planning commission the directors report and under the rules of the mold i played a commission and the policies and procedures of the department the military planning commission has the option to waive its review of special management area allow for this waiver or not through a or simpler types of exemptions such as interior innovation and so forth rather than having the applicant go through a way for simpler types of exemptions and so under these circumstances the application on this and all of those that are placed on a director's report are determined by the coming in for s m special management area assessment up occasion under twelve dash three zero two thirteen point one commission review a special management area exemption in that director maybe determined that a propose action within the special management area is a not development and is therefore example from the requirements of this chapter prior to the directors determination becoming final they director shall notify the commission of the assessment application at the commission's next regularly scheduled meeting receipt of which shall be acknowledged by the commission such notification shout include but not limited to the name of the the location of the subject property and a brief description of the proposed action the commission shall vote to either review of the assessment application at its next of billable meeting after receiving notice or to waive rev of the application if the commission votes to waive review of the application the director may issue a final determination that the project is not a development and is therefore exempt if however the schedule at time on a future meeting agenda for the commission to review with the application in its entirety and make an exemption determination pursuant to those subsections be there in seoul based upon what i have just said i do have the attorney present today here is the attorney on behalf of poole and i do also have on behalf of jurors send them a whole church the i would want to make any presentation that they can make their presentation is known at this time thank you parcels the ranch will give lot two which is a parcel that the church is located on to the church the church wants the simple title to this parcel in order to get funding and donations in order to restore the church the ranch of conveying this land to the church so they can move forward with press three some plans on behalf of the ranch we are questing a waiver of the planning commissions that review the subdivision is not a development under a   their presentation today thank you thank you opportunity to obtain ownership of the land underneath and surrounding our tiny church this process requires the ranch to consolidate two parcels including churches currently sits on and then subdivided it into a manner that corrects the location of the building and supporting all other structures r is completed following completion poor call range of greed to transfer ownership of the possible to the church property we are humbled by the for taking the time to be here i know it's been a i think every single one of us here knows the struggle that you've gone through and the journey that you've been on to get to this point so thank you very much for taking the time to be here so in when no associated construction activities are proposed at this time the department requests that the commission waive its review upon s m two two zero one seven zero zero sixteen thank you would like to open up the public testimony for anyone who'd like to come up and comment on this particular agenda is there anyone who would like to come speak partment that this qualified for an exemption and then concurring with the findings of the planning department then to weave its review of this project which is the appropriate thing to do i also wanted to state for proud of them as a major land owner on the island that they took this initiative knowing that the clients were going to have a hard time because this is kind of like a perfect storm because during cons you have multiple layers of government approvals that need to have been just to draw a line on a map and so i wanted to thank you ranch and it was a limo hole for their years of diligence on this project and i ask you to concur with the findings of the more we called the planning department thank you department of the commissioners have any questions i'm sorry let's not go ahead if there's no further public testimony or are you going to testify public thank you very much any questions for the testify or any further public testimony chair just to stay in the script of everything i would like to move for us to concur with the findings of the planning department number one and then i'll not on the agenda or the appropriate time to concur or not concur with the planning department we're being asked to to waive or not waive the review on the agenda ok mister i take my motion because there any discussion see no discussion call for the questions all in favor say aye any oppose so the motion is carried the commission has acted to waive its review  transmitting the proposed bill to the look at a planning commission on april twenty first so the public hearing on the council resolution by the planning commission is scheduled for your june i introduced you with the wrong name so my apologies pam anyways good afternoon planning commissioner morning the great afternoon i'm here to talk about the long range division and what the long range division does we do this every year to every single planning commission and i want to thank the three new members for serving on this commission it takes a huge amount of time and a huge amount of effort but i'd like to talk about today is the planning framework the process so let's stay focused on the process so i'm hoping to provide some clarity i'm here to answer questions but what i'd really like to talk about is the process of which the planning is done in maui county and the elements of that process first thing i'd like to make clear and with all the planning commissions there's always a few people who are surprised and that is the long range planning division we do not do permits we do not designing in implementation we do the twenty year timeframe of the community plans i have thirteen staff to work clerical is a picture of the ma you'll recognize some of the faces and the staff the rest that i have are planners and g i s g i s is geospatial planning so a lot of the maps that you see comes out of our division so it's split equally between i have a total of five planners really for one of them does cultural resources for the whole county and then i have planners that's it and then of the rest of my the geospatial staff guys essentially there are responsibilities deal with updating the county's general plan i'll talk about that the elements within the general plan coordinating long range planning activities in the last year with the creation of the maori metropolitan planning organization which is essentially a transportation planning group we've gotten very involved with transportation the impacts of transportation on land use and transportation planning with the m p o and then as i mentioned we do a lot of and have a lot of demand for various maps throughout the county dealing with impacts for example looking at sort of the impacts of future projected development and growth and what that  means right now i guess i could delete that would be a good thing the e q unity plan update that was done i believe the draft was handed off to the planning commission right before i started i've been with the division for three years so the community plan update has been approved by the county council so that's really off our shelf if you will off our desk so there's too and many of you know we are working on the update of the look at your community plan we transmitted that to the maui county council may twenty sixth seen our role moving forward is pretty minimal our goal was when we worked with the c pac there were twenty seven or twenty eight meetings of the community plan advisory committee we then came to see you guys rob is smiling affectionately i'm sure to the planning commission we saw you all and then we chance and in both situations incorporated all the comments and that is all documented and then we handed it off to the maui county council so at this point it's really up to them our county council maui planning committee of the county council what i do know is i believe in the june first planning the meeting they will start to hear the maori community i'm sorry the you community plan that update so council handles that not it is the council at this point so they will be taking that on chair person who i believe is coming this afternoon talks to do talk story kelly king is the chair of the planning committee in this is in totally and within her purview in the meantime we are working on the west maui update of the their community plan so we're sort of in the throes of that and have a lot of community outreach events scheduled for the summer and updating various technical reports  i've said this again last year at your orientation i'll say it again i think if i totally feel for frustrations believe me i completely empathize your frustration with anything related to the process so i want to give you as much information as possible what dictates the community planning and the general planning process is maui county code two point eight zero b i mean i google it on my phone and you can get it i'm sure we can have copies that are available it's available on our website as well but essentially what that does is that defines the legal status content and process of all the elements of the maori county general plan is that code it defines the general plan to emphasize which by the way the maui island plan which was approved by the county council in two thousand and twelve it was the first ever regional planning document so the maui island plan and i know it doesn't have as much to do here because it's now island but a lot of questions  it really looks at things from a regional planning perspective it calls for direct a growth strategy meeting where would you want to have growth and growth boundaries in those need to be identified and then priorities for capital improvement projects and budgeting and implementation it also sets up the sea pack so the members of the sea pack just for those members were appointed by the mayor and then nine of them for a total of thirteen each council member had one nomination had one person they could commit to a point so in terms of our planning framework you have the county wide policy plan which was approved in two thousand and ten that basically looks that sort of the general goals values what is important to you in your community what is you know what are the values that you want you obviously want to retain local history cultural practices and so forth so that those general policies around the county wide policy plan the maoi island plan and i'm just going to say the most community plan really is an island plan that is to be consistent with the county wide policy plan and then there are these six separate community planning documents i've already described a lot of this but this is much more of a general you know when you talk about where do these policies come from this was a very intensive public effort done in two thousand and nine and approved and two thousand and ten so the general plan it's a twenty year plan in context as i said it's in two point eight zero b it is a community driven process it provides directions to the planning commission in terms of what you want to see in terms of how you want to meet and future and community needs it's very comprehensive so a lot of the older community plans existing comm plans do not address these items which are all spelled out in two point eight zero b looks at the various social what's important to the community social economic and environmental potential impacts from development which is a very important  i thought a very fair question when we first came to molokai was why does our plan have to change very fair question essentially when maui county code was inactive in two thousand and four it required that the community plans be updated and had to include those elements that are in two point eight zero b also the state has mandates dealing with climate change and sea level rise and sustainability a lot of sustainability issues and initiatives so with those two elements and then looking to see what needs to be updated that's how you get to that so how the community plans of evolved some of the update requirements we get asked this question a lot is basically what sort of desire population density do you want in the last ten fifteen twenty years where's your population how again you've is what is also important is addressing the impacts of future development also the sequence not so much here but on maui where you have a lot of developments that might have been a title moments that might be out there what really is the sequence and this really gets to the whole issue of infrastructure do we really have the infrastructure that can support additional development one appeal on a highway going to west maui we know what that's about i mean is can really so it's looking at these really critical issues dealing with infrastructure design principles what do you want your towns to look like you want to retain that character streetscape landscaping improvements and then the implementation program really is the first time ever through the mowing  plan and now these community plans and the reason why that's important is i know in a lot of our community plans it's very very important to identify things we want to change and we put them in these implementation tables and there are very very good suggestions however when you look back and you can do it pretty easily on line at the last fifteen years of what the county council has given to various communities west maui key whatever you can you can look that information up and typically if one community is trending around nine hundred ninety six thousand dollars a year maybe one point two million but then in the community plan when you add up because you we have to put in the price of projected price of what something would cost and it's five hundred fifty million that's not helping the community so my point is when you look at what first thing we're trying to do is to tie into really truly prioritize what needs to be done within the next five years within the community so that the county and the county council and they are the ones that approve the budget every year actually pay attention to that and tie that to your kid in a new plan that's very very important so i would encourage you committee plan is heard by the county council that is a really important point is to take a look at some of those implementation items that are really important to you whether it's a policy or a structure but those are the things that ok the maui county council of prove your community plan but they also need to approve the budget the ties those important aspects of your community plan that you want to implement  so some of the things that are mandated by the state act wanted you wanted to eighty six sustainability and climate change adaptation hazards we know we had a couple meetings in panels in dealing with hazards wildfire mant of wild fire as well as obviously flooding tsunami issues of economic development are important housing education and governance so typically this is what's in two point eight zero b we as far as the amount of time that we spent was c pac in the planning commission that was all straight out of the code we are allowed six months so when that first c pack meeting occurs and the sea pack is impaneled that starts the clock ticking so we have six months per county code to spend with the sea pack when the sea pack approves their version of the plan the clock then starts to tick for the planning commission we have thirty days to take your comments and revisions in amendments and incorporate that into the next  to then pass that draft on to the planning commission then once the planning commission hears it there's again two point eight zero be dictates we have six months up to up to six months with the planning commission then we have forty five days to take all of those changes in amendments and prepare a final draft meaning final on behalf of the planning department to then transmit it to the county council now per code and the maui county charter it does say that the maui county council is supposed to have one year they can give themselves exemptions and extensions we can't control that but a lot of people ask about the timing it's certainly a very very fair question but in two point eight zero b it spells out the timing what we go around it and talk to a lot of communities about in the other planning commissions and that is what the community plan is not a lot of very good planning documents have been done and i use the example of west maui because we're working with west maui now i know many of you are familiar with the injection wells i know you're familiar with the reef and runoff the transportation issues on west maui there's some very high priced intensive studies in plans that have been done just because those studies in plants have been done they physically would not be located in the plant but they certainly would be used in research and referenced in the plan when dealing with an issue of transportation or dealing with an issue of non point source coastal pollution and those times that things there's a lot of confusion about that with the community plans back on maui island because i truly think of the look at your community plan as an island plan this is your whole island whereas now that we're going back on maui we're looking at six very separate specific planning districts so with those community plans  and i gave the orientation yesterday to the maui planning commission it's really on the planning commission to look at those community plans to see it's very well stated in those committee plans the desires of the community so with the upcoming updates on m island they will be very thin documents really addressing land use and future growth very very directed to that so in the case of maui island of the maui island plan the county council approved in dictated urban growth boundaries and rural growth boundaries the plan the community plans now need to go in and they say the community needs to dictate what they want to see within what the county council approved as urban growth areas and these projected growth areas what community plan land use designations with that what they want so it's kind of the difference between the two which i just went over so one of the the role of c pac and i'm sure many of you guys know that probably the most important role that i think the c pac provides is to to make sure there is a balanced diverse c pac but also to come to the meetings having read the document and really you guys get to talk to your community you guys get to bring community views up and that's what's really important the planning department provides a rough all caps rough first draft to have something to react to you guys are the first ones to really take hold of that draft and to make revisions and amendments so that it can more closely and actually reflect the needs and desires of the community so the planning commission so the planning commission role i mean i can't imagine that there would be much difference between a planning commission and a c pac there shouldn't be there they should really be on the same page there should be a lot of similarities yes there's things that might be tweaked but in your role now as you see a community plan it's really to read and understand and to reflect the desires but then the community plan that the community wants so that's what's important for the planning commission so there is that consistency and that's all i have but thank you guys very much played we have a question for the last  ok thank you that's a point of order clayton so oh this is normally work do we have public testimony or is it a question and answer session or how does the i think it's testimony you want to raise questions your testimony you can do say ok thank you so after jim gives his presentation we will open up for public testimony this training there are some extra and i have one more  thank you and if anyone else would like a copy i can i can get you kind of in a way you're ok can see you have a copy there a lot of chair commissioners who testified today thank you very much appreciate your testimony i learned a lot from you today my name is james buca i'm a shoreline planner with the planning department in maui county and i've been in this position for ten years dealing with shoreline issues i've done some workshops and vent to molokai and done some site visits here i work closely with civil lopez on any shoreline projects as much as possible at biting her i can't always get over here but we do come over if there's a critical site visit a little bit about my background i am a professional geologist i've been doing hazard mitigation planning for thirty years prior to the county i worked for the pacific disaster center i did international work and then i worked for the federal emergency management agency i was a federal employee polynesian culture a found a wonderful lady i married her a polynesian even though holly i did marry a polynesian lady and i as i told my three daughters if the wind blow in samoa they wouldn't be here today so kind of interesting how things work so when i had an opportunity to move to hawaii even though when i was with fema i did support hawaii programs i  took the opportunity to come here fifteen years ago so in my role as a shoreline planner i do attempt to promote protect the whole wine culture and the hawaiian environment as much as possible through the special management area rules and the shoreline rules for and i will share kind of a brief technical review for the commissioners and the audience today so i'll talk about the state law the coastal zone management act that's been in place since one thousand nine hundred seventy eight and then the local rule the special management area rules and the shoreline rules today so the coastal zone management is the only permits that are focused on the environment so any special management area permit is not particularly focused on the shape of the building or the placement of the building but is dealing with drainage i dealing with runoff it's dealing with the shoreline the reef the noise the view anything dealing with the environment so it is it is a place where we can put conditions on projects to manage our environment to minimize the impacts and i'll get into that it manages all the islands and it is it authorizes each of our islands to create  planning commissions so that rather then all of our projects being managed out of hi lou they're managed here in and for the three islands in in  and again as i said the coastal mant the coastal zone management program which does allow the local islands to develop their own rules and so you do have your rules and i'll talk about those today would like to call a point of order this is let's let him if you can write your question down and market and then we can get all if you can write your question down in market and then we can get all of those questions to the folks after the presentation we're running on a limited time today thank you into it thank you chair so when i talk about the special management area it's a subset of the island it's along the coastal zone it you can see it's pink purple on this map you can see is included in the special management area when you go west towards clue a koyo area code dunes area there's an area in the special management area goes along the poly to area along the north shore out to east east and the area there's some special management area it pretty special management area they're not required to get the so this shows you a planning framework of the coastal zone management act within the state planning law which shows under the state constitution we have the planning planning act we have a land use zoning and then coastal zone management so it's parallel on those other planning elements and the planning commission manages the coastal zone management act special management area rules and your shoreline rules so breaking it down just a little bit the three things that i'll discuss today on the right hand side are two portions of the two sections of the coastal zone management act and then our the significance criteria that the commissioners judge each there are twelve criteria that you should look at per project in the us in may and then the last one  on the twelfth significance criteria says that it should not be contrary to the objectives and policies of the coastal zone management that's where the arrow goes back up to the ten objectives so are twelve criteria and ten objectives that you should be looking at usually most of them are compliant there may be a couple so those are the times when civil w point those the areas that require some environmental mitigation to be done sorry my voice is hang in there as much as i can so sorry i'm hacking and wheezing up here so these are your project review criteria here those three sections of the law and you have it in your hand so i'll go over those first c s m a guidelines they're very high level broad the author already which is you shall seek to minimise where reasonable we don't want to dredge fill alter any coastal areas we do not want to reduce the beach size we do not want to create impediments to public beaches access and coastal recreation we do not want to lose coastal views coastal views are protected under the at the state level law and at the  law we do not want to have adverse effects to water quality fisheries wildlife and habitat we want to protect those and we do not want to lose existing or potential at ag uses also so those are their strong broad general environmental rules put another way the s m a rules ensure adequate access to publicly owned beaches recreational areas wildlife and natural reserves adequate and properly located public recreation areas adequately controlled managed in minimise impacts from pollution and runoff so pollution or runoff that you're drainage any project should manage potential runoff from that project to protect the waters of the reef as much as possible minimize adverse effects to water resources scenic resources recreational amenities and also minimize risk to propose structures from coastal hazards we want to make sure all of our structures are out of tsunami zones wave hazard zones flood zones so you can see the word center underlined there adequate adequate adequate minimize minimize obviously every time we put a shovel in the ground we can have time for that so what we want attempt to do is adequately minimize the impact as much as possible on the project and the commission does that through conditions in the public and also offer conditions on that project that that makes sense to preserve the culture of the environment so between these guidelines and then i resume rules which i'll get into the significance criteria we can manage projects well there will be development there's development everywhere we need to manage it environmentally as best as we can and that's what these that's the purpose of these rules and that's your author already so the goal of the special management area role rules is to further the policy of the state through this close his own management act that's been in place for forty years to preserve protect and where possible restore the natural resources of the coastal zone so we want to preserve protect and restore where possible our environment as much as possible so we want to do good things so that's the goal big level goal we want to use the s m a rules it's a management tool that assures that a lot will development when we zone the island for development things that can be developed that they're designed and carried out in a manner consistent with the coastal zone management objectives the ten of them that all this and the policies and the estimate guidelines so again  it's a management tool that's what that's why we have this commission here to review the projects here's a picture of maui at airport beach so the rules established special controls management along the shoreline area they are meant to avoid permanent loss of valuable coastal resources and for closure of land use and management options of these resources we want to preserve our cultural environmental resources through this law so we want to avoid permanent loss that's what it's for provide adequate access to beaches recreational areas and natural reserves we fight on maui island we're fighting for beach access all the time as is more and more development and that's a large part of our role is to preserve that shoreline access everywhere so what are your  as the commission and the planning director of the planning department what have been the wrong sort so any proposed action that takes place in the us and may come soon before this commission and that's how these permits are originated so the commission here looks at major use permits it's a category mine or estimate permits and exemptions so you look at each of these usually the i have the definitions coming up so the the director has you know thirty four emergency permits i don't know if there have been any emergency permits yet but we've had thing i have some examples things falling into the ocean we need to make a decision to deprive protect life property quickly safety of people there in harm's way so the director of the planning director of the staff myself civil through plane would make a decision then we reported at the next we let them do limited work to protect life and safety and property and then we would report it civil would report it to the commissioners next time give a full report and i have an example here i'll give you an example so these are the the permit types hopefully have a category here the major permit estimate permit is a project over half a million dollars so that requires a a public hearing as as a lot of your projects do but it requires according to the rules public hearing all owners within five hundred feet need to be notified and there can be conditions on the project to avoid minimize and mitigate these impacts so that's where the commissioners can condition the project environmentally culturally and in other ways a minor permit is determine by dollars less than half a million so most of the projects are minor permits but again there's no strict public hearing required but it does come to this commission and there can be conditions to avoid minimize and mitigate impacts so the commissioners can with input from the public put conditions on that project to help manage it emergency i kind of went over it imminent substantial harm to public welfare etc that's managed by the planning director in the planning stuff so these are your major and minor permits  managed by this commission also exempted permits this exempted as some five of the exempted estimate permits is it's kind of a misnomer but there are maybe not as much of it but for molly some of the other islands where there's more development we would never ever get through commission meetings if a single family home had to go have a public hearing every single thing that so there are so such as a single family home being built that's an exempted category that doesn't have to go to the commission but it can be exempted it can be exempted and then waived the review is concurred upon by the commission here so it is presented and but just by building a house it doesn't mean that and it's done at the staff level symbols level she looks at archaeology she looks at the environment she looks at drainage few planes his store natural coastal resources any cumulative impact from that house so the environmental review is not done by the commission but it's done by civil by the staff so we too to build a home you may apply to build a home it may take you a year or a year and a half to get through archaeology to get cultural review it cetera so sometimes it's not like we're rubber stamping it there is a review done at at the planning department level and then brought for your concurrence and explained so those are exempted categories there are a slide on it but there are other things some smaller things structural and nonstructural improvements to single family homes repair and maintenance of roadways and highways these are exempted categories routine dredging of streams as much as maintenance repairs and maintenance of underground utilities repair and maintenance of existing structures demolition of some structures that are not historic so pretty much repair and maintenance category of work is an exempted category and then there's some that are denied because they're not consistent with the land use that can either be done by the director or by the commission so as they said the emergency permits are reported at the next planning commission and any any decision can be contested by the applicant or other parties for the for the public within ten business days after that decision by the commission so you do have a window to contest that outcome so how does the commission here assess a project ok the those that diagram i had there but there are in the estimate rules there are a list and i have them like the next slide or two there's twelve significance criteria it has it's a checklist has to make sure it complies with all these things so that your guideline so your review according to the significance criteria that's contained in the estimate rules and again as i showed under the estimate guidelines adverse effects may exist but are minimized in light of compelling public interest and they should be consistent with these estimate guidelines so here's the list so how do we assess how does the commissioners assess the project these are usually presented by sibal most of them are complied with i think they would do is if there was anything controversial or needed mitigation she would bring up one out of all these this list here so number one the big one involves your revokable loss of natural or cultural resource ok if that happens that's a significant impact significantly curtails the range of the beneficial uses of the environment conflicts with long term environmental goals at the county and state substantially affects the canonic or social welfare of the community involved substantial secondary impacts or increased affects on the infrastructure they're going to put in five hundred homes would impact would that have on schools and parks and drainage and traffic in roads as an example and is it part of a larger project is it a cumulative impact then it gets into the specific ecological triggers substantially effects are rare or threatened or endangered species animal or plant or its habitat that is contrary to the to the plans subdivisions ordinances detrimentally affects air water quality or ambient noise levels affects environmentally sensitive areas such as flood plain shoreline tsunami zone erosion prone areas coastal waters fresh waters substantially alters the natural land forms such as cut and fill grading and existing public views to and along the shoreline so our shoreline views are protected and we want to maintain our shoreline views from at least the coastal highways in the state law so they are part of the protected part of the law so then it could this last one this twelve one way at the bottom contrary to objectives  policies of the coastal zone management act so refers back to these higher level state level projects this arrow here going around so we just went over this brown box on the bottom and then that arrow refers back up to the state law so there are ten i won't read them as much detail as i did but if you want to look at potentially impacted resources and i'll just list these quickly on the left hand side for all of you recreational historic and cultural scenic and open space coastal ecosystems economic uses coastal hazards managing development public participation beach protection and access and marine resources so it's a similar list but it's different so that's how we manage so that's kind of our checklist so that's it for the s i'm a rule so i'll go over quickly some of the shore line rules so the s and a rolls are a subset of the island along the shore line along the coastal area and then right at the shoreline from the shoreline to out to one hundred fifty feet is the is the shoreline rules so there's a subset rules for what we do in that shoreline area and there are just some of those objectives at the state level look we're looking now at specifically have coastal ecosystems coastal hazards beach protection access and marine resources so the purpose of the shoreline rules is one of the most important and significant natural resources of the county in maui is the shoreline environment due to competing demands for utilization and preservation of the  resources it is imperative that the use in enjoyment of the shoreline area be ensured for the public to the fullest extent possible i just took it right out of the rules here the shoreline rules that the natural shoreline environment be preserved that manmade features in the shoreline area be limited to features compatible with the shoreline area ok in a fish pond certainly is a compatible  example and would be allowed i have one from maui and this is something that we've been doing in maui our eighty and eighty a accessible dune walkovers where we have a nice dune protecting the development behind it the roadway and the beach keeping that beach as the big waves come in you guys know how the the dunes feed sand keeps the beach keeps the beach managed so what we're doing rather than trampling those dunes we are putting wood in ramps in certain areas and some of the more popular beaches to channel the traffic so it doesn't destroy the dunes and the habitat there so they've been very effective we have five five done on south maui and we're always looking other places to get a t a i american disability act wheelchair access to the shoreline are opportunities and we put funding together we get volunteer groups architects contractors we put it together do it do it really well there's cheaply as we can they've been very successful back to the purpose of the rules that the natural movement of the shoreline be protected the yet natural movement of the shoreline be protected from development that the quality of siena can open space resources be preserved and where desirable restored and adequate public access to and along the shoreline be provided i have two examples here one that's not good one that is good here the one on the left is situation we have in han a bay where we have ten large condos built too close to the shoreline in the seventy's are now threatened because of coastal erosion we've had to put sandbags out there to protect the structures and some of the one of the condos is trying to put in a seawall reinvestment and what the county is attempting to do is to whoi up all of the condos about a thousand unit owners there to rebuild the beach to to do beach restoration out there we found the sand county council did fund a sand study over a year ago and we found all the sand that went off in a it's where all when the sand gets that dictated in big storms that moved on the shoreline hits the bluff goes off shore and up fifteen feet of water and then it just settles out so all the sand that once was up on kahana bay is right there so we're go for an environmental impact statement try to bring that sand build a hundred foot beach sand sandy beach back out front rather than hardening that entire shoreline in front of those condos so it's a win win so it's a big project that we've been undertaking and thank god nothing like that is required yet however on the east side you know the eastern shore here how we rode it that's getting so thinking ahead we're trying to become proactive on our shoreline rather than reactive and waiting till it's too late so again to summarize the purpose of the shoreline rules is to ensure that the public use and enjoyment of our shoreline resources are preserved and protected for future generations in accordance with the whole you coastal zone management law and the maui county charter through your through the commission so it's our environmental law that's very very important and all of us can positively support our environment through these regulations because they are strong you do have set back rules but they're not based on the rosen rates but they are based on the depth of lots so we have depending on civil myself others can help on specific parcels we usually determine this so the minimum set back if you have like one hundred foot lot very tiny lot on this for a lot minimum set that is twenty five feet up to once it's past one hundred two hundred feet it goes to forty feet and then beyond that it can go up to one hundred fifty feet for a larger lot back there so the idea is we want to move any structures out of harm's way  and move it out keep the shoreline free as much as possible so this is an example of a an emergency permit and  beaches he wrote it it's gotten underneath and i collapsed ten feet luckily there was nobody out there happen at three o'clock in the morning but it was an emergency permit so the shoreline set backs these this that setback distances meant to the basic principles are moved out of harm's way moved back plan for apps less and so structures in the shoreline set that period the older poorly placed structures when they did this i had them in the environmental assessment say if this building gets only the and i got damage if this building gets damaged where are you going to relocate this structure out of the shoreline setback area consists in the setback area move it back up where the admin building is behind the other buildings there's another structure off in the distance that's suffering too they're going to move that one up to the parking lot if they have damage so i am having them think about setbacks strategic retreat moving away from the shoreline ensuring shoreline access which they did on this project and also limiting the types of structures and activities in the setback area we had then remove some of the walls here and as part of this project they the condo complex there they put in sixty thousand dollars of their own money voluntarily and they built this shoreline up till then there was no way the public could get into this bay beautiful day beautiful beautiful sandy shoreline so this is a public sherline access open from seven a m to seven p m and  it offers the public access here so we're attempting to do that as much as possible also so on projects i mean i know you don't have as much of a problem out here as we do in maui but shoreline access  these types of these things are good right you know getting people down to the beach down to the shoreline so all finish up with looking at permissible structures in the shoreline there are some things that we can do they're minor activities but they have to be your rules do not have any it's called a minor structure a minor activity there is no cost limit in your rules you might want to think about doing that putting in a cost limit but the if you want to put something in the shoreline setback area it should not adversely affect beach processes right waives natural process of the beach does not artificially fix the shoreline such as does not interfere with public access does not block public views so those are some of the criteria and then if there are new structures they have to be elevated properly and the county is held harmless and does not harden the shoreline at all so there are conditions on anything put close to the shoreline this is an example from that big building in this instance five o five front street just about four hundred block of line and there's some sea walls out front so i use this as an example that neither of these structures here that you seen that picture would be allowed to day under our shoreline rules they were grandfathered in they don't meet any of these criteria because they do adversely affect the beach process sees the artificially fix the shoreline they interfere with public access and they block public views so we would not allow these types of things on the shoreline these days unfortunately there's lots of there's a bunch of junk that was built back in the day that was permitted way back before our shoreline rules were in place so they are there grandfathered in  called non conforming structures so but again we're trying to move things back if it's called grand canyon it's a term called grandfathered in their non could there they were they were built and in place before our laws these s m a rules took place to shoreline rules were put in place so their older structures i'm sure you have structures that were that in the day that are they're allowed to be there you know we can voluntarily work with people to have them removed and to recreate again to protect preserve and where possible re store the shoreline to its natural state that's that's the goal of  a rules in the shoreline rules is restoration of our shoreline so when we can take out obstructing structures at any you know if you do have something where there's an older structure along the shoreline where somebody wants to come in for some development possibly you could condition it or consider taking some of those those types of structures out of the shoreline and and right usually they would but these are older structures that are allowed because they were there before the law was in place so we're not  that's pleased to try to hold our comments on it until public testimony so we got it through this yes it would please continue to turbo think both of those things would come to the public because this is a very so this is a shoreline here this is an example underneath the airport we just flew out and i saw the beautiful restored beach this is where we have cesspools being eroded by the waves on the right hand picture in two thousand  two thousand and six the old ironwood trees that were in the shoreline you can see the ancient shoreline and what we've done there is they did a rather than hardening the direction we're going in is trying to restore the beach so this is the same beach looking from the other direction  and it's been stable for four years now a nicely restored beach that went through the planning process so this is the direction we're headed in i'll show you one other example on a wahoo or this is one of the growing zone and there was a loud this is called iroquois point growing sneer pearl harbor you can see it when you fly in these are t had growing and a nice beach again it was a extremely eroded shoreline structures fell in the water there were cesspools that were impacted in the ocean and we're monitoring this for fish population and stability so this is kind of a direction using growing bringing in sand to recreate beaches require recreate active shoreline it does have an environmental impact no doubt about it but it's better some of these types of solutions can be considered rather than hardening our shoreline and losing our beaches losing that shoreline ecosystem this recreates the shoreline ecosystem here so this is done worldwide it hasn't been done much in hawaii but as we have sea level rise larger storms episodic storms as more development our houses are threatened we need to look at ways to minimize the impact of these coastal storms on our properties so that we don't start just dumping rocks rip wrapping our shoreline and ruining the shoreline environment this is  storm in december in one thousand nine hundred eighty there were a lot of permits for sea walls along the street i know in this on the west side of maui to protect people's property so we really worry about these  these these episodic storms you know the big storms that roll in with the storm surge the big waves they can chew up our narrow beaches in one day usually they come back but people react improperly and so there are if you do do something in the shoreline at the water's edge they really requires a variance from the shoreline rules a variance means it's against the law it's not permitted we only permit minor structures in the shoreline so if a seawall or event comes before you i would be involved i would help sibel it would be a big deal we would make sure that an environmental assessment was done there was public testimony and making sure the project was vetted properly so i can help you on all of that so your role in approving your shoreline set that variance your rules do have a few things that can be done crops aquaculture landscaping certainly fish ponds rehab  fish ponds drainage improvements there are some things boating harbors public facility repairs improvements in utilities private facilities that are in the public's interest and some private facilities which don't impact the each process sees artificially fix the shoreline and that would result in a hardship but there has to be all the options have to be explored be for we harden the shoreline has to be the best practicable solution in the public trust ok the people of what is the what is best for the people of so that's it there are some mandatory conditions that go with a variance and you know just to conclude our shoreline maui county is provides does provide tourism economy recreation fishing food cultural practices it's our quality of life it's our way of life here for sure our shoreline is being threatened more and more by coastal erosion and in the past we've been you can see some of the examples i've shown we've been looking at our shoreline parcel by parcel when something happens rather than looking at it at it as a beach ressa scientific system getting good science involved to understand the impacts from one end of the beach cell to the other we do something here what are the domino effects that could happen with the ecology of the environment so that's the approach we're taking now through environmental assessments and working on anything that's done right on the shoreline so any big shoreline project would be a big deal and we have r s m a rules we have our shoreline rules we and we have our estimate guidelines at the state level that can protect preserve and where possible restore our shoreline and we can add conditions on to these projects so that is the best project for the people here along the shoreline in the so that's it i'll conclude there here's our coastal management team of course sibel is our main molik i assume a planner myself we have another plan or key scott who is a great help as about thirty years planning experience and we have a technical specialists terrell owens who has presented before the commission if the commission wants some more information about the i know we did present at the pack one session and if you want more coastal hazard information from a science point of view the commission could ask her to come over and present and jeffrey dak is our environmental section supervisor we do have a office planning back over to the chair thanks to you appreciate the presentation so here's how we're going to do this we're going to continue on with the flood hazard district ordinance training and then at the end we'll open it up for public testimony please understand the planning commission does not have a method by which to have a question and answer session but we do want to allow the public to give their public testimony you can ask your questions during a public testimony get them on the record and then perhaps it might be easier to get those questions answered individually offline by one of the staff members and we're going to do our best to conclude the meeting promptly at two p m today thank you heavily involved in hurricane katrina critchlow though is your person who you should contact for further questions i'll do my best to answer questions but for your planning department contact it would be paul critchlow arm or avi and of course you can go hold of them through peyton so the national flood insurance program and what basically what it means to you is planning commission members is what i want to talk about quickly today  and with that it's also we're also going to talk about the community rating system and that's important because for those who have flood policies it's an opportunity to reduce your an annual premium every year the count role in regulating the national flood insurance program and then flood standards which gets to sort of your role as you look at permanent flood permit applications so the national flood insurance program and i don't know how many folks are involved i know they were here about a year or two ago because you had your flood flood insurance rate maps recently amended there's really they call it a three legged stool there's three components of it and the first one is insurance if it's been deemed that you have a structure particularly having a mortgage or federally backed funding and it's within a special flood hazard area the federal government requires that you require flood insurance again that's the federal government not the county and then there's mapping and then mapping of course the whole point of mapping is to map the flood risk what is the extent of flood risk that your structure is subject to and that's that's not the county but then the third one the regulatory aspect that is the county and that's contained in title nineteen one thousand point six two and i'll go over that today but really the primary purpose to understand the flood program is to protect human life protect property from flood damage in the basically to try to reduce the costs of future damage and a lot of that's done through mitigation and some of these other programs will talk about so the n f i p i believe that maui entered the n f ip i think in one thousand eighty one what's important is that all of the communities lanai easy maui island you're all members of the national flood insurance program to become a member of the flood insurance program you the county has to adopt and force a floodplain management ordinance and that's where you guys are involved with regard to flood permit applications also by being a member of the national flood insurance program when there is a disaster here you will get public assistance funding so that's important because if you weren't part of the n f ip you would not be eligible for nor would the individual homeowners or the county if there's damage to infrastructure be eligible to any of that funding there is a tool that's pretty handy i pretty amazing it pretty much put in full force after i left this line of work but i know it is that flood hazard assessment tool but you can literally go on to the website here and put in your address and find out what you're subject to with regard to risk but that's a pretty handy there was a an assessment study that actually was done in department of public works because they do a lot of the drainage studies and a lot of times when you go into doing these types of studies and you have your maps changed you have these structures you have dams levees and so forth and particularly after katrina there was a national wide study around the entire country and all the cities and towns looking at these older army corps type structures we saw what happened with katrina and many many other disasters so the konica chi levy was studied and i know when we were here doing the community plan there was a lot of questions about that but as i believe one month ago the study was concluded and the  receive accreditation and the reason why that's fantastic news is it means all of the businesses in conoco cry and around within that area are considered to not be in a special flood hazard area so therefore they do not have to buy flood insurance so that's important and that just is not even a year old the types of things to know about the flood studies in the flood maps is like i talked about it rates how you are at risk there's ves own which is wind and floods those are the highest levels of flood insurance of course therefore the highest levels of flood insurance premiums are the highest level of risk then there's an aids own there's a series of depending upon the depth and extent of flooding that's not necessarily along the coastline but can be close to the coastline in terms of sheeting and ponding and so forth that will dictate how your home is to be built and then there's if you're outside of the flood zone this is what i was referring to so when the flood maps were being revised in maui county and here are what the county or the county did submit on behalf of something called a letter of map provision again i'm happy to answer to try to answer the paul's better whatever questions and i have the paperwork here but essentially what's important to know is that it took those structures out of the special flood hazard area because army corps basically and the company that did the assessment deemed that the  so the community rating system this is actually been around for about twenty or thirty years and essentially what that does is for those actions that the county takes and there's about twenty or thirty different categories to further mitigate to make homes and structures safer from flooding there's an organization that comes around and rates our flood program and depending upon the amount of points you are crew and this rating it will drop the flood insurance premium for every single  policyholder so this is important this is being smart this is you know trying to reduce the susceptibility and vulnerability to structures within our communities and depending upon the score you get mally county right now everybody who has a flood policy you're in a klutz called  class eight net means you get a ten percent deduction every single year on your policy you can go as far down as a class one and there's several communities them on the mainland and they receive a fifty percent reduction in their flooding shut that can be pretty substantial reduction so that's kind of like a good thing being smart like jim is saying being proactive about trying to address these hazards and damages to structures and infrastructure so for the planning commission why do you care the  code this is where we pull and that is under title nineteen which i'm sure you guys are very familiar with nineteen point six two that's this specific area that addresses flood permits so in your role as a planning commissioner and i'm sure he'll become very familiar not already with this when you're looking at applications and staffers submitting on behalf of the report these are the types of things they're looking at so if a particular application is zone there's a whole series of standards that they must be built to are covered a little bit later but there are some things that are exemptions the whole point is that you're trying not to exacerbate or increase flooding within an area so when you put in a structure or infrastructure the whole point is to not make flooding worse on the neighboring property or for the community that's really the big picture if you will of the national flood insurance program and the permits you'll be looking at that's very very important there are some exemptions and these you know it totally makes sense for folks who might not be able to see the screen the types of exemptions that are listed are temporary it's more on use luaus carnivals fairs camping tents that are temporary unfenced below grade outdoor pools signs that are not in a flood a way demolition temporary structures and so things that are temporary that won't exacerbate increase the flood risk within that specific area so with regard to what you'll be looking at when you're looking at proposed either renovations or new construction the types of things that are very very important in the eighty's own and you'll see that on the map which will probably come with the permit application is there's a b determined through what's called a flood insurance profile or flood risk profile but the bottom line is you're trying and to build above that base flood elevation so that you know homes don't become damaged and so forth so in terms of the design structure you're trying to withstand flood forces you're trying to also protect utilities utilities should be raised at least one foot above the base let elevation per one thousand points to six two like i mentioned before you're not trying to increase the risk you're not trying to increase the flooding and then in those situations where it's appropriate you know you're late you're dealing with hydraulic forces so you need to deal flood events and so forth in a visa on which you have quite a bit here of course velocity you're dealing with not only wave action but wind so that's very important in these structures of course building above the base flood elevation the design standards are a bit more rigorous because you're dealing with much stronger forces and so forth and also to keep in mind a lot of times of the homes you see the one on the bottom on pilings but you also need to elevate the utilities as well so this is sort of a this is kind of hand in a way just to show you schematically looking at the data picture what you're dealing with in a visa known and obviously you've got higher base what elevation and waves and wind and so forth then to the right you still have got the risk of flooding not quite as much that kind of shows the difference just very in a very basic way in terms of dealing with flood risk in these two very different areas water coming in handy ok and that's that's really all i have right now for the flood program so with respect to the national flood insurance program which is a federally regulated program role is really dealing with the permits that come in do you it's not mapping it's not insurance it's how these homes are built with regard to in the flood permit i'll go over that but whether it's in a zone r v zone and that's really all i have for flood and you got a question so you say the the levee was certified or credentialed or accreditation a credit accredited thank you so does that mean that when conoco town was placed in the zone it is no now back in the x zone it's in the x sound so i would strongly recommend there's a letter of map provision determination document i'm sure you're familiar with robert you and luigi but the bottom line is i would get a hold of this because what it says i read through this today trying to get up to speed here and what is i think important for the community is to make sure people understand the significance of this but also to get the updated section of the map that shows because it's really confusing but so people understand that they're in an x on which basically means they're not in special flood hazard area with regard to you know the mandatory purchase of flood insurance but it's covered and this ok thank you commissioners any questions for pam ok that looks like this the end of our training but i think you the public an opportunity to make comments on this particular training portion of the agenda please keep that brief it's two p m and we'd like to be in the meeting as soon as possible to respect everyone's time thinking yes go ahead but please please please do your best to keep the comments brief and state your name it's to it's two p m and we're we're meant to and there we all want to get public or how and up my leaving for my family my community and the next generation any other public testif you know i respect everybody on this the board i know you folks are all doing your best i had a direct question to pool hall cool ranch is attorney like i said i'm a man researcher and worked with the best in hawaii and the lands are not pool hall cool ranch they belong to another it only has t m cain number it doesn't have the land commission award number those are clearly honest down there and i was told because i go down there and i do workshops and i teach our kids and all kind of stuff and visitors whatever i do stuff down there too and so i love the church i was told that the church is on somebody else's private property when mr i twenty water the trees attract the water the water hugs the the island and that's how we replenish so it was like four hundred acres at one time and now it's about and and so we did a restoration out there during that time  missed was one of our people we all talked to you know she was going to give the church now they have found out that the church is not on ranches land they didn't answer the question and nobody backed it up asking and it's really important i was told that the whole line family wants to bat so that's why i asked him are you doing the land swap because i know there's another hawaiian family and that the church was built years ago on somebody else's land and they want it back quiet titles they can always happen you know anybody can do a quiet title it's not only one time you can do quite tight titles whatever so anyway i felt that the attorneys should be more forthcoming and the rich people who live here care because lavinia them if they owned it they would have stood up and told me they did scuse me guys say