thank you and if you don't mind please turn your phones to silent mode before we proceed and members as you know we have a very large agenda today so without objection the chair recommends that because the only item on the agenda that is time sensitive today is there are passage of the budget so the chair of recommendation is that we take up testimony public testimony on only the budget items or for a second reading second and final reading and once we take up and then we'll go from testimony on the budget to passage of the various budget bills following the passage of the budget bills we will go to testimony on all other items so without objections members it's how we would that's how i would like to proceed you know you and i apologize to those who you who are here to testify on non budget items but but it's important for us to get the budget out without delay so i hope you understand  that mr could proceed mr chair proceeding with the presentation of testimony on ordinances first second and final reading we've established limited interactive communication that enables individuals from honda to provide testimony from outside the chamber door when testifying please state your name in the name of any organization you represent currently we do not have any testifiers waiting at our district offices so we proceed with testimony from our chamber mr chair we currently have seven individuals who signed up to testify in the council chamber on ordinances for a second and final reading the first person to testify in the chamber is rory frampton testifying on bill fifty nine mr frampton will be followed by behalf of myself although i worked on that project for ten years i made the mistake of watching the video of the reading last week last night and i just couldn't sleep i just wanted to correct a few things for the record the property transaction involved t properties one was really for open space but at the last meeting you said that this thirty seven acre piece was only for protection of open space it wasn't it was really for future park development it's by active search spots and it was purposely designed to allow for future park development along those roadways along the shoreline council member okama said at the last appropriation two years ago that he did not vote on it but he did vote on it it was unanimous approved only council member by so was in mexico i think when the vote occurred but really what happened when the vote was taken last time it was a component of them was maui that came out on their own got a bus together came out here and they all said how important this acquisition was and that led to the eight zero vote two years ago council member crew bello asked why was are delay why did the monies lapse all that information was provided to you but in the first transaction for property happened sixty days after you guys voted the second transaction there are a lot of things that had to happen final subdivision s m a approval a lot of things needed to take place before that final transaction happened  happened they did they did they did it all within the timeframe but it happened after the funds lapsed and apparently the funds were never encumbered i guess that was oversight by the administration wants to ministration found out that the funds had lapsed in august of last year they submitted reappropriate the monies in august of last year it sat in budget and finance committee from august until march there was no action taken on it i am the mayor put the money back into the budget you guys looked at it and at the last meeting decided not to move forward on it council member cochran said that this isn't coastal land it's just scrub rocks and trees just up the hill that's what people said ten years ago fifteen years ago that was all rocks and trees will look at it now it's owned by multimillionaires in this land that's the fifteen acre parcels that are being sold the land across the street from that as a real estate agent you could sell that fifteen acres and you can say that land between here and the ocean can be yours you can control it because the council had two options they said they could keep it privately owned open space or it could be used for the public and if this guy buying fifteen acres thinks that he can control that land that runs right up to the highway he's going to pay a lot more money concluded just a little bit you know pay a lot more money to going to have to provide to conclude that you have a long day today so every once in we think you so they would pay a lot more if they could control that open space and not have anybody use it versus that land being available for the public and i'll just repeat what council member carol said at the last meeting once it's gone it's gone thank you mr president members any need for clarification of his testimony seeing them thank you for being here this morning mr cleared the next person to testify is amber testifying on bill sixty two she will be followed by rosemary robbins hi i'm amber maui chamber of commerce i'm here to share the chamber's testimony on behalf of our president pamela to pop who cannot be with you today she is in route to washington d c to serve our members in our community but i won't be able to answer questions on this as it is not my area she felt it important for the chamber to be present at this meeting dear chair white and members of the maori county council given the winning compromise in last year's budget session we are surprised to see the core industry facing another increase this year especially when others are not it leaves many businesses both in and outside of the industry to question the rationale for another hike and feels as though there is a movement to move these longstanding operators who have made tremendous investments in building their businesses and now his reputation out we have yet to hear the rationale for the using for this increase there seems to be a perception that these operators are making money hand over fist with rumors of millions of dollars in annual income but that has not been our experience many core operators or small fam run businesses who are not making these phenomenal songs and the planned increase is one more nail towards putting their business in a coffin and this industry is deeply impacted by weather conditions and the need for ocean safety and how to another challenging year with all the storms we faced their stories tell the tales and they're sharing them but it feels as if they're not being heard all i've met with their hard working individuals and families who are champions in ocean activities with the years of experience and quality of service that greatly contributes to our visitor experience and now is top notch ocean activities reputation for providing excellent struction to their clients they have also kept our beaches safe by providing rescues and safety instruction to those who are not their clients to protect our beach environment for visitors and residents alike in doing so they have also helped reduce liabilities for the county these leaders volunteered their time years ago to come up with rules and regulations to protect our beaches and deter abuse they're the ones who are operating legitimately paying for their permits and paying their taxes and trying to help the county identify those who are operating under the table and outside of the law yet despite their repeated requests for in force meant little has been done and others flying under the radar are getting a free ride this is not what we want to see happen and the higher the fee goes the more operators which the council did yet it doesn't appear that those permits have been issued what was that all about then if we are not going to issue the permits and collect the revenue further in force in our efforts could net the county a significant amount and there is a core activity found with nearly five hundred thousand and it was not being held for we in the core operators have been providing testimony along the way and now we are down to the wire but this is really important the proposed raising permit fees will hurt these small businesses so we are asking that you look into the challenges with enforcement  clerk the next person to testify is rosemary robins testifying on bills fifty nine and sixty mr robbins will be followed by patty  talking about bonds another word for bonds debts the cost of playing catch up chaos for what has already been accumulated monies that we owe not that the issues got corrected but the cost has gone up and both of these bills now are talking about  debts it's just mind blowing bill fifty nine and ordinance arising the issuance of twenty nine million seven hundred fifty three thousand dollars all together bonds of the county of maui for the purpose of providing funds to pay all or part so they're not even guaranteeing that this is going to cover the cost of the appropriations for public improvements of and for the county of maui fixing the forms denomination and certain other features of such bonds and providing for their sale certain details of the bonds third graders are going to be able to say mr or ms ms so and so if we already have this much that we go by would we get involved in setting ourselves up to have more debt valid question from the mouths of babes on bill sixty a bill in for an ordinance and determining that part of the proceeds again not an indication that it's going to solve the whole problem already identify proceeds of general obligation bonds of the county of maui here to four issued is in excess of the amount required for the purposes why did folks ask for more money that was in excess of what the cost was going to be dot dot dot so that the bonds were initially issued or may or should not be applied to other purposes when you get involved in a bond like that you have to state the purpose for which it's going to be used so to say well it might be used for something else something's wrong simply don't let this continue on this is a vicious trend that our children person to testify is patty could do is testifying on bill sixty two she will be followed by allen could do with me and had time and i know everybody's been super busy and i really appreciate those of you that have made a little time for me here some of the things that have come out in those meetings one is i noticed that there were we're down to only fifteen parks that have cora permits now one of those fifteen parks only to have lifeguard towers so i just want to emphasize the ancillary lifeguard services that corps provides at those other parks and at the after hours at those that do have lifeguard tower site for my kids leave it for and then work there or there till the bitter end usually as long as there's good conditions also according to parks documents that were supplied last march  there are twenty four available permits at that time i know there are some that were relinquished at renewal time last year so that number certainly higher and then of course with the deletion of sex and seven of thirty one forty three last december that actually gave the impeding the public so there seems to be plenty of room for dishing issuing additional permits which would be a fair way to raise funds for the department of the new also i don't believe ever any fines have ever been levied and you've heard many people testify about the prevalence of unpermitted operators in the county parks collecting finds another way stories money might be a little more sensitive but you could all because so consider discuss the possibility of raising camping fees are camping fees start at five dollars a night go to twenty dollars a night on a wahoo they start at ten and go up from there even raising five dollars a night and camping permits would raise eight hundred dollars additional her camping site for the year so that's another possibility and then of course there's the there's the thing is difficult to understand there seems to be almost half a million dollars sitting in the car activity fund so if there's that much money available i'm not quite sure why we are raising fees again any questions members of the need for clarification the next person to testify is alan could is testifying a number sixty two he will be followed by jeff strong thank you for this opportunity to speak i'll be quick i just wanted to point out that on thirteen  four that there is a commercial recreation activity fund and it's the purpose  per the purpose relating to the implementation of this article that's thirteen zero four including but not limited to the provisions of salaries the purchase of equipment the maintenance of county property and that may thirtieth newspaper it's as there's four hundred ninety seven thousand three hundred sixty eight dollars for cora and i believe this i believe all this money was from revenue collected from fees and my question is is it fiscally responsible  on general manager my dive shop i spoke here many times about the core issues over the past fifteen years or so maybe more and i don't remember i would just like to speak against the raising of the fees  we hold multiple permits we have eight permits i get questioned a lot why we have a permits there's if you go back in remember what the history was was used to pay one fee and you could go to any county beach park and that's been reduced and reduced and reduced down to certain parts or certain activities in parks and in the ocean environment  business conditions as i'm sure you're all aware are changing their safety concerns there's beach parks that weather is not conducive to do one day so we have parks on different sides of the island different parks there's also if a park is crowded we'll go to a different part to try to avoid the crowds to alleviate the concerns might be shark attacks who knows what it is so in order for us to operate we need to have multiple permits so that we can provide the variety and the safety that that the public would like to see and we feel is necessary and when you start raising the fees i am i'm hearing that you're considering  fifty percent increase over one hundred percent increase of last year the choices that we come down to is just have less parks that's that's the choice maybe that's what the goal is but i don't think that's what the goal of the public is i think the public wants operators to operate safely and have araya t and be able to take them to other places and you're just making it more and more difficult you may or may not be aware but the retail environment right now on a national basis and on maui is going through some pretty difficult times stores like sports authority all of you heard about the sports chalet fifty stores in california all of them going half of our stores so i encourage you to couldn't reconsider you know raising the fees and and just kind of give us a little bit of a break appreciate your time surf permit for kilometer park we are a very small surf school and cater to people who are looking for that kind of atmosphere we love what we do to be able to share this experience with the tourist many say it is the best thing they did in the last forty five days we have had seventy nine surfers we basically have six good months and six very slow months we don't by any means make millions of dollars it allows by daughter and myself to make a very modest living please don't raise the permit prices please don't take our livelihood away from us that we have worked years to make we do a great job at what we person to testify is elaine hough testifying on bill sixty two should be followed by jeff mari good morning my name is lane how if i am the director for the most school garden network it is my privilege to speak to the council members at this time i'm speaking with regard to bill sixty two the most school garden network i think you for your support into fiscal two thousand and seventeen and i ask that there be an amendment made which i believe council member ellie cochran will be making in support of maintaining the most school garden network under the fiscal sponsorship of try our c and d trial our research conservation and development council inc was founded in one thousand nine hundred sixty two by the united states congress within the united states department of agriculture as a rural development program the main purpose of the council has been to protect and promote wise use of the island's cultural resources and natural resources through locally led community improvement measures and assisting sustainable agriculture and alternative energy initiatives when federal funds ended and april two thousand and eleven the partnerships developed made it possible for the nationwide including hawaii and particularly tri isle to continue as independent resource overseers in their locale and misty in is currently under the fiscal sponsorship of triall and would like to continue to do so until fiscal two thousand and eighteen when it hopes to transfer to the fiscal sponsorship of its partner grow some good which this past march two thousand and sixteen achieved its five zero one c three five zero one c t three status jan is an active member of both the county farm bureau and the hawaii farmers union united holly i collect chapter under the fiscal sponsorship of tri isle m s g and is poised to receive funding from grant sources result ultimately in funding losses for the m s g in programs i'm asking again that we would please support council member cochran's amendment to the fiscal sponsorship take it or remove it from the my county under their name so it does it they're not a lead but we did some money in regards to the fair initiatives because it goes in line with what the county farm bureau does also so they're y thank you very much turned things led for being here this morning i don't know what the particular arrangement is but usually when a nonprofit goes to trial looking for a fiscal sponsor there is a very modest fee and they have to charge it because that's how they survive so i think we might want to tick that out right and there are services provided for that fee that are above and beyond they do all of our checking at cetera like i said very modest so we're not hearing apples with apples right now i think that would have been prudent on yourself to double check yes when we made these changes yes i was under the understanding there wasn't but if i'm wrong i stand corrected and that was one of the reasons why the change was made and to make the specific money for i'm asking to this body if you guys would reconsider putting the two battalion chiefs for a second battalion back on a budget or at least put the positions back and you can unfunded if you choose to i think those positions are extremely important they allow us to have accountability and most most likely safety for all of our individuals on both talents as you may be aware this past weekend we've had two incidents that happen at the same time that happens a lot so we need the chain of command and command and control there on a daily basis twenty four hours a day know thank you for being here this morning thank you declared mr chair there are no further individuals signed up to testify in the council chamber on ordinances for a second a final reading also been notified that there is no testifiers at any of our district offices  ordinances for a second and final reading without objection thank you so proceeding with ordinances second and final reading do you have before you bill number forty four two thousand and sixteen untitled a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains estimated revenues on a community plan area government facilities  he community center total capital improvement project appropriations and total appropriations operating and capital improvement projects mr ho thousand and sixteen and titled a bill for an ordinance amending ordinance number forty two twenty eight bill number thirty five two thousand and fifteen relating to the issuance of general bonds of the county and he could community center bill numbers forty six two thousand and sixteen entitled a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county amount as it pertains to the department of public works highways administration program highway fund road bridge and drainage maintenance program highway fund bill numbers forty seven thousand and sixteen untitled a bill for an ordinance fiscal year two thousand and sixteen budget for the county of maui as it pertains estimated revenues department of fire and public safety total operating appropriations and total appropriations operating capital improvement projects adjustments for i can call it that the last forty seven is regarding the foreign department and we need to transfer one point one million dollars of issues regarding premium pit operations construction plan review revolving fun the number fifty one two thousand and sixteen entitled a bill for an ordinance amending chapter three point three five county code relating to the fordable housing fund bill number fifty two two thousand and sixteen entitled a bill for an ordinance to repeal number fifty for two thousand and sixteen entitled a bill for an ordinance amending section three point eight one point zero five zero my county code to extend economic development revolving fund bill number fifty five two thousand and sixteen entitled a bill for an ordinance repealing chapter three members this morning i have an amendment that i am proposing riccardi in the motion train motion on the floor at this time sure and i move that according to my hand out dated june third two thousand and sixteen i make a motion to amend bill fifty six incorporating a new subsection three point four eight point five t are due by december thirtieth of the preceding year which means for this to have actually worked for this cycle the deadline was december thirtieth two thousand and fifteen which is five months ago six months ago this allows our community to still have an opportunity to file for this exemption and have the reduce i'm all for taxation purposes on this remnant pieces that we are providing a that has either very limited or no actual beneficial use to the owners and now we're just trying to address it this to a taxation policy thank you thank you mr okama members any further discussion on this item thank you this court please proceed he had before you bill number fifty eight two thousand and sixteen entitled a bill for an ordinance to amend chapter thirteen point sixteen body county code relating to the way who municipal golf course bill number fifty nine two thousand and sixteen entitled the bill for an ordinance arising the issuance of twenty nine million seven hundred fifty three thousand dollars aggregate principal amount of general the geishas bonds of the county of maui for the purpose of providing funds to pay all or part of the costs of appropriations for public improvements of and for the county of maui fixing the farm denominations and certain other features of such bonds and providing for their say authorizing the director of finance determine certain details of the bonds authorizing the issuance and sale the like principal amount of such bonds and providing for other actions related to the issuance say on the livery of said bonds bill number sixty two thousand and sixteen and titled a bill for an ordinance determining that part of the proceeds of general the bonds of the county amount here to four issued is in excess of the months required for the purposes for which bonds were initially issued or may should not be applied to those purposes in directing such proceeds other public improvements or authorize purposes of the county a maori bill number sixty one two thousand and sixteen entitled a bill for an ordinance relating to the capital program for the fiscal year ending june thirtieth two thousand and seventeen the comma chairman thank you these bills be specifically those in the capital improvement program areas mr chairman indicate where the community has expressed their priorities for various types of projects this council committee has made in reinvestment in our infrastructure we appreciate the comments regarding debt service and how we are borrowing money i can tell you chairman over the last eighteen years we have basically put forth a solid solid fiscal plan whereby at this time after eighteen years we have the bond rating we have the reserves we have the respect of the agencies that review our finances and give it gives us a reading to borrow money on and a type of insurance required to pay for such fiscal policies yes there should always be a concern about why we borrow how much we borrow and under what terms of people but if you want a healthy community if we are going to continue to w major things i would say we need to consider it if we do not bar and wait that we do have the money stupid from experience although we have a lot of people who requests a lot of things from this colony it seems are reluctant to actually pay the bill so we may never do those improvements are not getting sufficient funds the major infrastructures of this county here in the east ma water system was a decision by the county going to go to private sector to build again why we need it the private sector funding and engineering and private companies to construct what is part of the critical infrastructure and this is a violent  does our history so we have put forth a reasonable spending plan yes we are borrowing i believe we are borrowing a reasonable under good terms and part of the cost is responsibilities to  on the borrowing comments part of the borrowing is that folks who move here later after today help pay for the things that we're building today for you know especially infrastructure so as opposed to just the people who are living here today now i do have a problem with the bill number fifty nine in that i think it would be ashamed really big shame for us to lose that money a poco when i would certainly like to see that authorized i mean we had long discussions and you know sometimes they weren't friendly discussions but we had the discussions and we made the decision so i think it would be a shame not to have that bond authorized and i know we had a three to six vote last time so i'm not going to waste the committee's time by or the counsel's time by bringing that back up again but i just want to put it on record that for bill fifty nine i'm strongly opposed to the be supporting what is before us it's my understanding from during the committee meetings that this is really not closed that there is an opportunity to negotiate further and if the administration wants to proceed then we welcome them to come back and put that before us again and so on that basis i'd like us to go ahead rather than turning it upside down at this point i feel comfortable in supporting and thank you thank you m mr clerk you have before you bill number sixty two two thousand and sixteen entitled a bill for an ordinance relating to the operating budget for the county of mali for the fiscal year july first two thousand and sixteen to june thirtieth two thousand and seventeen so b of the f y twenty seventeen budget bill as it relates to fees for commercial ocean recreational activity permits kora to make the fee one thousand dollars per permit per park per activity annually for the first two permits issued per business or entity with each permit there after five hundred dollars per permit per park her activity and to amend the examples accordingly as noted on the attached markup page which actually is  the point having look some things up almost five hundred thousand dollars pot of money has not been tapped and utilized and we continue to hear of legal activities occurring at these parks when such as the people testifying actually are current with permit they pay their fees there you know law abiding citizens creating a legitimate business so at this time  i'm looking for some support to assist people with their fees i did talk to members of these men who is not here to share for a year and we will he will be bringing up this idea to fully fund the event and work out the details and have a heavy discussion on the matter in his committee so with that members of the king for your support thank you very much in the anticipation of fully betting out the process and redoing it redoing the ordinances unfortunately didn't happen didn't happen last year i'm pretty sure it's going to happen this  i'm going to because we said last year we were going to leave it at this until such time as the ordinance was reviewed i'm  it's my so thank you very much chair and i  proposal between the closing of the budget and today i had the opportunity to meet with a corrupt leader and it was very enlightening for me she took the time to come and bring her records not only her financial records  to look into this further and i think we can adjust it after that done but i think for now i'm comfortable in supporting the amendment thank you if you must by so well i just like to comment share that  security there and we need to try and see if we want them to start being enforcers like they do with the d d l n r people so i think that's a struggle or a challenge  that where and the struggles that they're having by carrying all the extra permits that that brings it forth for them also note that the and that actually with the d l in are as some other they charge like twenty four hundred and most other i think we can't a whole is based on our piece for for that so i think we have lots of work to go further on this and  i can appreciate the parks department in their efforts to try and get more manpower perhaps or two for their consideration to give us some plans on how we can have the think we if we have people operating side businesses similar to the way we have a big cation rentals that are operating illegally we've got to adjust our ordinances to make sure that we have in place the teeth that the that the the park rangers need to enforce it's kind of my feeling is  don't do that first we're going to have a hard time justifying that increase when we've got five hundred thousand dollars balance in the fund we have no fines and we have a bunch of an issue permits so i think it's time for the the parks department to come with recommendations as to how to fix the enforcement issue and also provide us a road map whichever is greater dollars permit a month so seventy five dollars less than the state less than a three percent if it's over it and yet what does the state really provide besides saying that they can get into state waters money cannot be used to fund chorused studies we bring in approximately maybe sixty thousand dollars a year in revenue and use that to fund the improvements  doesn't take away where we need to get this program industry parmeet in the new future and this is one of the steps this committee is recommending to move this whole department forward and for me it's where i want to get to it under enterprise relate relating to the core permits all the things that i think concerns mr camo we can adjust and rewrite and make sure that we address those things and so the  permit fees are deposited into the ocean recreation activity fund special purpose is revenue and this amendment will have no effect on producing a balanced budget so i just want to toss that in for  and of course the budget it's easy to just do a straight line across each month for each period we understand that but this industry goes through seasons and so i'm hoping to the percentages so at the base  they don't make money we don't make money but during the season when they do have great great clientele great revenues then i don't see a problem looking at the percentages and then taking our disbursements for agricultural promotion by one increasing operations to be category and total for agricultural promotion by fifteen thousand dollars to proviso under agricultural promotion to read three provided that fifteen thousand shall be for the maori school garden network to install school garden and three striking the proviso and redo scene operations b category and total by fifteen thousand from maui county farm bureau incorporated proviso is not moved the current placement of the funding in fiscal year twenty seventeen budget may impede the organizations ability to obtain other facts and because the art amendment moves fifteen thousand dollars from one funding because the way you know i read how we structured it the purpose of appropriation does not change the ways we place the language currently i don't see it in any way impeding the network from doing what it is trying to accomplish and that's are for me one is this amendment really needed since we really don't change the purpose  huffs testimony testimony it does go on a little more detail i guess from her actual verbal testimony this morning she her administration the pass through grants that she does receive goes through trial and we're looking to get her the fifteen thousand dollars initially it's out of the budget from maui county farm bureau but the her outside funders i guess see the practices or support of the farm bureau as differing i guess in philosophies of how they conduct business or their growing practices what have you so they i guess it said that they are are contemplating pulling funding to her to the school garden network if the perception is it's coming technically from farm bureau but we are technically giving them the money so for that sake to put it just under the general heading of agricultural promotion with there are definite name her funders seem to be more amenable to think you missed the whole comma i just hate to put the my school garden network in a predicament of losing added sources and funding i know that some of us have issues perhaps with a trial type of set up and program and what they charge these smaller nonprofits what have you but i'm hoping that this entity may be able to garner more and more families as they grow to be able to go on their own and take care of their own administrative needs and what have you not have to do a pass through a grant through trial or anyone else development program grants and just first minutes for agricultural promotion after it is ok thank you any further discussion members see none of those in favor of the amendment ple chair we're back to the main motion members are there any further adjustments of the quests seen done to all those in favor of the main motion please signify by saying i those opposed say mr clinton three mr chair proceeding with the presentation of testimony on all remaining agenda items we have been notified by our district offices that there are no individuals there to testify at this time so we currently have i'm sorry i think we'll take our morning break since it's ten thirty so we'll be in recess until ten forty is may well please come back to order and if i could ask the folks that are in the lobby to please if i could please ask those in the lobby to please keep it down otherwise we'll close the doors so we have everybody's attention and here came mr clarke are ready to proceed with the second portion of our public testimony thank you miss chair we have currently twenty two individuals signed up to testify in the council chamber the next person testify is mark hyde testifying on committee report sixteen dash ninety five he'll be followed by jim smith thank you very much for this opportunity to appear before you on this matter my name is marc hyde what an amazing journey it's been to get to this point today and thank you all for bringing discussion of counsel manager government to this point it will come as no surprise to you that i support change as recommended by the special committee but more importantly i support the people's right to decide whether to accept a change in local government by popular vote in november because that's where the resolution i believe belongs to the people's right to determine the form of government under which they consent to be governed wise at the root of the american system of government the constitution begins with the words we the people more importantly the hawaii state constitution states that article one section one at the beginning of the constitution that quote all power all political power of the state is inherent in the people and the responsibility for the exercise thereof lies with the people in two thousand and ten this body adopted the county wide policy plan which called for good government and exploration of various forms of county government and in two thousand and eleven and twelve the charter commission recommended because it did not have time to take up the issue full examination of the issue through a special committee and then as you will recall all this waddy by a vote of eight to one last fall formed a special committee on government to do just that and you populated it with eleven is steamed members of this community representing every geographic region of the county and now we have their report recommending a charter change to bring professional management of operations to county government now i know that opinions about the wisdom of change are very among you among the audience however i believe that there is imperative and compelling need for change the challenges that this county is going to face in the future are going to swamp the executive branch i believe if we don't restructure as recommended so what is the role of the council at this point i believe it is to assess whether this is a reasonable recommendation or not if it's a reasonable recommendation which i believe it is i believe it is your duty to and committee report sixteen dash ninety five mr smith will be followed by jonathan star plan and the other is related to the testimony on the service committee i'll start with the lnh i community plan and say basically that in this system politics is really good really is good and what makes it good is this structure of legislative and executive and after dish and right now what makes it good is the underlying trust that good judgment rules now majority good judgment rules and each of you bring to the game a good judge so i would say  in that sense politics is necessary and on i brought to you a citizen advisory committee and then the citizens came back and you listen and you took their judgment from different ways you responded because it was good judgment shared with you and if you look at this proposed update you recognize that this is their removal of good judgment this is a political event that takes from it terms it takes from a character as a real thing versus character as those who look up a building or a street and that's that's the that's the zoning that they're recommending is that we have everything look like a character deserves to look and that's not what a community planned it if you look at the distribution and that i gave you this is the first page this is the table of contents of bill and i plan and there's five section do you know that there are seventy acronyms in the bill you are attending to and you're taking seriously can you believe all the political it's a political platform really you're taking zoning and you're doing all these types of things within the context you're going to say basically that it should be studied as to whether a  low impact use should be approved as public works that's not planning an accommodation is a building it's not a use what is this doing and you've got laced through this plan all of these injected political ideological thoughts and that's not what a plan is and that's why i own a plant took twenty years or ten years and that's why this plan has taken so much time because the dream and the vision belongs to one man it's not a commonly held good it's a vision this created by the planning department and now in my testimony they're asking you to recommit or to make the amendments that i've suggested in my testimony that is written thank you very much for more i don't know second item ok is i've submitted testimony or and it is th special committee and i would also submitted to you attachments one of the attachments is to ask the january fifteenth a task sheet that comes from a facilitator that basically says there are certain things that you need to decide ok and it seems as though the good the report didn't didn't include it and it is the fact that there has to be a realisation that there is a common you know it's basically a that could the current form of government be modified to address what is not working without changing to a county manager form of government that's one of the tasks that they set forth and they didn't complete and that to me is significant it is significant that the six members who supported it said that the county manager and the the director director of managing director could be interchange when they couldn't the whole nature of it is you have got a manager over the whole you don't have a director of a department and you're saying you can use it as you will and what that means is i as a voter don't know the difference ok but it sounds good it looks good it's kind of like the character on lanai in a building and not in the soul and heart of the member it looks good ok but it isn't known to be good so i'd ask you to take this back to committee and recognize and support the idea that good judgment rules not majority ok thank you very much thank you mr smith members only need for clarification seem none we should come in this morning mr clerk the next person to testify is jonathan starr testifying on committee report sixteen dash ninety five he'll be followed by steve  goldsmith good morning good morning chair white honorable council members my name is jonathan starr and i just spent the last six months serving on the special committee on government and also the temporary investigative group that actually drafted the language and the process that is before you and i want to thank you for that opportunity because it's not often and probably once in a lifetime that someone gets an opportunity to really change the bones of the way an entity such as maui county functions and when i started out i was started out fairly neutral with an open mind and as i started talking with people i spent several hundred hours on this says that some of the other numbers and talked to many people who'd managed other jurisdictions for decades one person thirty five years they've been a city and county manager and realize that there's a reason why proximately two thirds of the jurisdictions  size nationwide have switched over to professional man meant and it does seem to function better it gets rid of the last vet vestiges of big patronage  miscommunication and problems that exist from other systems and so i came away feeling very happy with the work that the committee did  i feel that the bill as crafted is very clear we worked with really great resources and council services to teams of county attorneys who were great the staff w fantastic they put an hundred thousands of hours on it and what we came up with i feel is something that will really be workable there's no question that it's a simple straightforward form and that was intentional there could have been a lot more detail in it but the decision was made and rightfully so to keep it straightforward and several of the longtime man spoke to said if you really want to build something great over time there should be a charter commission that operates every two years to make fine tweaks but i really ask you to take a good strong look at it and probably the best thing to do would be to let the people decide because the community has the wisdom and deserves our respect to be allowed to have the make history today imagine if you had the power to change the lives of generations to come today you do all you have to do is allow the people to vote on this county governance issue so what are some of the issues or concerns that i've heard number one if it ain't broke don't fix it let's be more positive there clearly are opportunities for improvement such as most studies show that we'd expect a ten percent savings for delivering the same goods and services to put  that numbers o b o you sixty to seventy million dollars per year over a million dollars a week once we start running the county to personally turn over the last time i appeared before the county council in this very spot was at the end of the current mayor's first term when the council at that time approved me as a new cost to government commission appointed me so i got out of my sick bed today because this is important enough to me and the first time appear before you since then and they can't see what occurred when our new mayor took over there was no long term planning again these are bad people it's a bad system no career possibilities as department managers keep changing with cheat with each mayor and some of the department heads we dealt with were u nqualified to say the least with no specific goals number two i've heard let's leave this for the next chart a commission we already did leave it in the last commission during my term on the cost of government commission everyone on that commission acknowledge the problem was  former government over almost every issue we were dealing with could be solved with change in the form and i and others then testified before the two thousand and twelve charter commission and they agreed but the topic could not be handled and then you have the special committee and  the special committee has reported to you recommending to put it on the ballot so your the thing i've heard is let's just do a compromise well actually the current recommendation is a compromise that the current form includes an elected mayor if you probably took the best and brightest put them in a room they'd say let's not have an elected mayor let's just have the council have a head of council coalminer told no council of the be the representative so this already is a compromise by continuing to let the mayor of forth i've heard but i want to but i want to run for mayor well no you still can so there's no reason not to vote for this and finally i've heard i'm just not sure every open minded person that i've talked to and i spent a of time on this and educated them about the facts and let them read studies every single one of them agrees that it's time for a change so let's get the process started you're not voting in favor of this you're just voting to allow the people to decide to even if you're staying starch and against this please let the people decide thank you thank you mr goldsmith members of the need for clarification see none thank you for being here this morning as to the next person to testify aloha mr chair and county council been wilson i'm part of h h c n s his unit w unit twenty one a one i stand against this proposed change just because something is a change does not mean that it is a change for the better the united states constitution gives people the people the right to elect their own leaders and this move would represent  a loss of democracy and accountability an elected mayor is accountable to the people he has authority independent of the counts he can stand up to the council if necessary  an elected mayor can also be voted out next time but he's not hired and fired by the council the same way a county manager is or a city manager city manager can be people people talk about the efficiency of this ok maybe it sufficient it mimics a corporate management structure or a perfect management structure is always more efficient maybe maybe not do corporate management structures always serve the needs of the people and furthermore somebody having a management degree does not necessarily mean having management corporate management experience or whatever does not mean that they're necessarily going to serve the interest of the people that said we might have a look at the situation in flint michigan with the water becoming externally toxic that was an emergency manager who was appointed by the government in that situation happened they fired him he turned around and he blamed the person underneath him i strongly oppose this on principle i think that it should be that's that's on this county government management all i can say is that i do not want any more changes i think our original form of government is doing a well excellent job now and all i can say as we elect each officer is as the consul the mayor the governor the united states president we all and all the rest of the house in the congress senate and everywhere with that takes care of us in our community they have to walk the talk and keep their oath to do the best for everyone in the united states and in our own county and i think you folks are doing a good job and learning how to communicate with each other to make everything go today i am county it is very important of what you have said mr come and to the rest of you who can learn to communicate and understand that process of being a very testifying on committee report sixteen dash ninety five she will be followed by paul james brown good morning council chair and council members and linda perry and i'd like to simply ask you in the name of democracy to allow us the people of maui to vote on the form of our government so that the words of the people by the people and for the people continue to have meaning for us thank you thank you mr berry i don't think there's a need for clarification there mr kirk the next person to testify is paul james brown testifying on a committee report sixteen dash ninety five he will be followed by rosemary robbins ed on march twenty sixth for change for the political revolution and i had prepared remarks but council member carroll's most eloquent poignant and touching opening remarks caused me to jettison those prepared remarks and i'll ask you to remember what he said and what he was talking about was the sacrifices that have been made by the men and women who have taken up arms to defend the rights of our government to defend our constitution and the things that we stand for and ladies and gentlem i think that none of us in this room would disagree that the most fundamental right that those men and women gave their lives for is the right to determine the form of government that we will be governed by and i ask you ladies and gentlemen to look into your hearts to find in your hearts the connection between what council member carol spoke and what you are about to do thank you very much thank you mr james members i mean for clarification see none  thank you for being here this morning or the next person to testify is rosemary robbins testifying on committee report sixteen dash ninety five she will be followed by where to begin i would like to be able to just give a little background i was going downstairs to run the car around one of the space and i met a young woman and she said in my own right building to go in and find out about having a change in government that's interesting that's exactly where i was just coming from going to and so i was eager to hear she's been here for eight years and has decided to try and get involved that's so it's so encouraging to see people here to know that they have some interest and perhaps have done some homework i just would like to give a quick history down first of all the super thanks to the women on the seventh floor who got me so many of these documents to be able to read that whole system is not a case of getting rid of the mayor i'm hearing this out in the community and i'm thinking that's not what this is about so hopefully i would just quickly say that the people who are on that committee making the plans to get us here today are people who were nominated by their elected council representatives so that's nine folks and then there were two at large one person who's in their real estate industry and one person who has  lived with the possibility of a situation different from the one that we've had here so they are the eleven people who have been doing that they have met for months and had a number of those meetings and they have really bit the bullet and gotten in to find out the pros and cons of all of this a couple of things i would just bring to our attention tension  litigation that would be pro or con with this issue coming up so i was glad to see that that kind of ending was done and i would just like to say that think color copied just or quick reference what they did come up with and they came up with three possibilities to be able to ha different kind of a government or to keep the government the same so they came up with a format that has a mayor getting rid of the mayor have a mayor the mayor has a four year chairing the council members have a two year term and the mayor would have a veto power somewhere and we need to be able to recognize what the facts are on that to conclude so yes so the folks on the seventh floor a wonderful about getting you in the the paperwork that you would need and thank you for all people who were working on that work very hard thank you very much meanwhile there is any need for clarification so you know i'm clear the next person  testify is paul caylee pony testify committee report sixteen dash ninety five he will be followed by kelly king and some others will be done on my behalf as we haven't been able to meet since a lot of these things have come out first like to thank the special committee and i appreciate the work that they've gone through and debating this issue i think that the debate that they have had on this issue is something that's very illuminating and something that has been very positive ultimately for this discussion recently their report came out which is approximately fifty six pages fifty pages of which are charter amendment changes i know that within the policy and in the governmental affairs committee right now you're looking at many many other different charter amendment changes if there is any charter amendment change that requires careful honesty be within committee it is this charter amendment change therefore a recommendation would be to take it to committee and make sure that the proper vetting and the proper proper objective analysis performed by the county council before any kind of judgment is made as to whether it should go in as an amendment or not something that i was somewhat concerned with and i think that another reason for this is because there is a need for additional clarification from that report primarily fifty pages of charter memon changes six pages explaining what all of the rest two pages of which simply explain what the special committee was trying to do and no more than two pages explaining the why of adopting a county manager form of government and what evidence leads to that change i would expect additional clarification on those reasons of why what do they expect to see because of a county manager now we've heard many many reasons why and those issues do exist within their report what i would like clarification of is what is the underlying objective evidence indicating those things and the reason why i ask that is because some of those very things such as taking out political elements from our government improving economy and efficiency are items that in our report were not found looking at those same very issues and looking at objective research and evidence clarification is needed as to why those kinds of differences exist and if so is a charter amendment needed when it may not result in the very things that proponents of that charter meant think that it does a second reason for that is because there are additional charter amendment changes currently up that to a large degree addressed some of those items that people say the council manager is for and i think that by having that in committee we can understand that there may be compromise to those issues thank you very much thank you very much members and indeed for clarification so you know thanks for being here today mr couper the next person to testify is kelly king to surviving on committe report sixteen dash ninety five she will be followed by marjorie bowen are on the chair council members thank you for hearing this very important issue today in council chambers there are a lot of good people in county government there are a lot of good people in our in our county but we have a broken system and things are not getting done because of it there's there's a lack of accountability between the council on the administration and just look at the agenda today there are extremely important issues on there including affordable housing there are a lot of these kinds of issues water quality water delivery overarching all of these issues is our form of government and how we get things done i was going i had a formal testimony prepared but a lot of what i was going to say has already been said so i wanted to discuss a little bit about the actual structure of having a council that manages a professional manager that gets things done in our administration every nonprofit i have ever sat on and i've sat on close to a dozen of non profits in my in my years of  involvement every corporation i've sat on and i've been on at least five different boards of directors has operated this way a board of directors that oversees a c e o or a manager or a director whatever you executive  whatever you want to call that person i i served for four years on the state board of education back in the ninety's and i can only imagine what a nightmare it would have been if we had a state superintendent who was elected separately than the state board of education and was operating completely on his own or the board of education is representing the people trying to get things done for the education system every single nonprofit that i've been on has been that way we have sat on the board of learning center for ten years and we've hired three different executive directors we worked very well together we got things done in my first term we got out of the red and into the black and it's because we were able to work with our executive administrator and not separately from that entity so this is a it's a structure that every entity employees including the ones that oversee some of the people who are against this i mean that i o w works that way cnn's all of these corporations operate the same way i think it's very important even for the people who are against this to put this on the ballot and give them a chance to vote against it if they want lets a discussion happen in the community let's talk about the value of this this  been ongoing issue for at least six years since the county wide policy plan was adopted and said that the counties to look at potential changes in government structure so let's put this on the ballot let's not make the community go back out to initiative to get this on the ballot i ask you council members please do what is right in that the majority rule on this issue thank you thank you ms came i'm sorry need for clarification but sure for the upcoming speakers i won't ask for if you have a need for clarification please make your desires known mr record the next person to testify is marjorie barnard testifying on committee report sixteen dash ninety five she will be followed by ray phillips good morning what's left of it morning consul marjorie boehner i'm obviously in favor of changing our system exactly how the proposal before you to go to the voters which is where it needs to be is not my ideal but it's a compromise the potentially i can live with i feared were boring the consul here with all of this testimony but there has been so much misunderstanding of what's going on in the bottom line here is do you let the voters decide or do you believe that they no longer have a right to have a voice in their government i am possession of an awful lot of anecdotal evidence that we've tried really hard not to make an issue we know there are people who are kind of living in fear we know that there's a lot of missteps that have been gone that have gone on and it's not the people it's the policies it's the procedures it's the form of government that's evolved to something to become very cumbersome and very difficult to deal with i'm just asking send this out let's get real information out i know there's a gut level thing to people who are afraid of change but we are running a small government compared to honolulu i want to know why is our budget so out of whack compared to theirs why are we spending so much money to do things ninety five he'll be followed by tony diligence was done by the group and we had the opportunity to really come back to the basis of what management's all about benefit in government and business is basically the same at the executives their business or government are there to set policy determine long range planning provide overall guidance exert control and to set the tone for the future so as to guy growth and not to merely react to it you are the executives of this government the mayor is the executive of this government basically the see the c e o together with the board of directors set the policy and planning at administrators administers you cannot possibly do what we choose to do without having professional administrators it's just not possible to do it in a business cannot do in a government simply said that's what we need professional a choice of governments the most important fundamental right of every citizen we've heard is set up here countless times already and need not dwell on that what we're asking for and what people need to have is their right to express their opinions the testify i just kind of would like to point out that i appreciated councilman carroll's opening statement his role today i thought it was poignant and timing was it was excellent because because freedom isn't free  came in a very heavy cost and with that cost comes significant responsibilities and voting is one of those responsibilities i believe i don't think it's a right i think it's a responsibility we're talking about  doing here is basically taking away the people's right to vote for the mayor i don't think that's a good idea but we can say that we reached some kind of an agreement  compromise that we're still voting for the mirror but the marriage does not have any powers whatsoever it's kind of shoot by it's not real so i think it's basically a really bad idea and in the six months that we as a committee there was i don't i don't think there was any any objective evidence that was ever presented that showed that this would improve the way our county runs its government there was none so i just want like for you to keep that in mind thank you very much mr tuck mr clarke the next person to testify is the manual ball to start testifying our committee report sixteen dash ninety five he'll be followed by dave daily on stickler next person to testify is dave daily on testifying on committee report sixteen dash ninety five he'll be followed by net for tado testify with further testimony speaking as an individual so six months ago he sent us out lebanon's out to do this research and i actually did research i actually did look into objective information and i admit that i went into this thing skeptical and so the question is was this another mongoose proposal and the answer is possibly it is the real problem is the question it's never really been answered what's the problem reforms and with the current form of government and then i would clue council approval division heads i mean department heads up the qualification for department heads amending the charters so that communications can happen between this county what do you do with them in the middle management is tenure can you not proving that or you're getting the department has changed in the last point i'd like to point out is that i've never seen as long thank you very much sharon thank you mr daley and for being here in summary all of you know your testimony what i'm hearing is essentially you're saying the voters are not ready to vote and so are you saying then that they should really go to a committee to the cause the government commission points out this needs to review due process and these are special charter commission we're talking about rewriting the whole charter and we're going to do that with a special committee on a rush job that's what we're getting here you said that the committee did not see the full charter changes you know i have not just learned about them about fifteen minutes ago so we're being asked to vote on something that you guys haven't had shadow without seeing ok thank  and sixteen dish ninety five should be followed by stephen west aloha my council members as you just heard there's a lot of things that i'm going to be speaking about today because there's a lot of things that concern all of us in money counting my name is trafford tato know how mccall a lot i'm hoping you will think critically before deciding on several of the committee reports you will hear today i hope you'll look at the bigger picture and at the greater impacts your decisions on county residents will have for many of the issues that you're going to hear and discuss i want to share my minotaur regarding committee report sixteen eighty nine which i've been told is a housekeeping item that will continue to allow housing credits to be bought and sold throughout my wee county this item has greater implications for our communities and for affordable housing especially if a developer from one place can buy or sell affordable housing credits to satisfy the requirements of another developer in another place we know mali county desperately needs affordable housing for our residents there's no doubt about that i want to know how amending chapter two point nine six of our code to favor developers would solve that i also want to touch upon committee report sixteen ninety which would allow for future county subsidies to while a development to construct internal projects specific sidewalks and other infrastructure should that not be the the developer is the county a partner in this development and could this possibly set a precedent if one has not already been set for developers to shirk their coolie on them by passing some of that on to the rest of us finally i want to talk about committee report sixteen dash nine five which would put the question of whether to have a county manager form of government administration on our upcoming ballot i absolutely believe that we need effective inclusive with accountable and transparent operations when it comes to the day to day workings of our government we need department heads who are knowledgeable who have some experience expertise in the areas or departments they lead and aren't primarily chosen by less than specific guidelines by a popularly elected mayor our county is in trouble when funding a binding arbitration agreement for lifeguards is a problem we are in trouble when our trash services are sporadic our parks need repair and better maintenance and more of our people go without shelter and affordable housing we have a problem we need someone that can be accountable to the people and not corporate special interests profit i urge you to support placing this question on the ballot to allow the people to decide not a select few it's not easy sitting through these hours of testimony i can see that but that's you're in those seats to hear them not all of us all of everyone who lives on maui and who loves maui as we get into the election season some of you will not return and some of you are seeking to return please take the needs and concerns of everyone into account when making your deliberations in your decisions today mahalo for your time next person to testify is stephen west testifying on committee report sixteen deshon id five he will be followed by daniel  helen council members and stephen west here to testify on your sixteen ninety five i've said on the salary commission before and there's a number of questions that need to be answered before this is actually posed the public to vote on i would urge you to take this into committee and fully vent all these concerns because right now i really don't believe the public is ready to make a decision on this so you know just for the sake of time to say i'm opposed to it at this time and i would ask members of the audience that are opposed to please stand and identify yourself if you're against us good morning chair white good morning good morning our council members my name is daniel helli i'm testifying as an individual and i'm a registered voter and i'm not here to argue the merits of the governance of the county but as a voter i would like the opportunity to vote on the question i would like to see it on the november ballot and i think as a citizen that i can educate myself what to do what to vote for and what not to vote for why you're doing liberating on you know what you're going to do i would like you to keep in mind the words of thomas jefferson as they are found in the declaration of independence we hold these truths to be self evident that all men are created equal that they are in dollars by their creator with inalien ble rights among these are the right to life liberty and happiness that governments are instituted to protect these rights and that they derive their power from the consent of the governed so as god is superior to man in the same way as man superior to government and should remain master over it and not the other way around that people create their government a government in a sense is nothing more or less then a relatively few number of citizens hired by the rest of us to perform certain functions and to administer a certain responsibilities that are authorize government  and does not have our or privilege to do anything it's source of authority and power comes from the people who create it and the preamble to the constitution of the quote is as follows the basis of our political system is the right of the people to make and alter their constitution of government i'm called george washington i think we should use the wisdom of the founders of the united states of america to guide her decision on this important question i would like the opportunity to vote on the form of governance in the county where i reside and asked that this be put on the ballot thank you very much thank you mister clerk next person to testify is albert pereira's testifying on committe because members i'm albert pres and the director of maui tomorrow foundation i'm testifying today on committee report sixteen dash ninety one on my written testimony i wrote a piece eleven but that was the committee number anyway tomorrow supports the changes that have been made to the community plan but we do have some remaining concerns on page nine dash three in the land  section the relationship of the community plans and the zoning the most egregious language saying unless specifically prohibited the zoning rules over the community plan that's been removed and we support the changes that have been made however we do take issue with the language of the committee report saying that the way the community plans are administered is consistent with the law why revised statutes section forty six dash four it is quite clear that zoning must be accomplished in a matter consistent with the general plan of which our community plans are a part to give zoning precedence or the community plans is to render the efforts of our community plan advisory committees useless instead of being had this longstanding practice of the planning department needs to be changed to respect the will of the community as well as state law there were two columns that remained the headings of which remained unchanged in append nine point two the description column was a ridge was had been changed to envisioned uses and the corresponding county zoning district column was changed to typical county zoning district so these changes make the plan the community plan and sorting relation relationship less specific and provide more will the room we call room the effect is to make it easier to prove development proposals that the community may not have had in mind  the changes that remain would set a precedent for all community plans in my county so we're asking that these column headings be changed back to description and corresponding county zoning district  finally to the table of community plan and zoning relationships in appendix land too will only work if stacked zoning is eliminated stack's owning the sensually is a free for all where it says anything almost anything goes in that particular zone one of the really good examples is the late industrial zone also the misapplication of zoning districts by the planning department needs to be corrected if these two steps are not taken first to the table will not help to achieve the purposes of the zoning code expressed in maui county code nineteen point zero four point one five if those steps are not taken first the planning department will continue to create uses that do not conform with our committee report sixteen dash ninety five she will be followed by chemo haynes who is the last individual who signed up to testify in the council chamber to realize how short or good morning everyone good morning afternoon everyone i'm k okamoto i am here testifying from the island i represent myself however i was a member of the governance committee structure  am testifying in opposition to the change of government to a professional manager form there's always going to be problems no matter what form of government you have because you're dealing with people and when people don't always act and react the way we think they should one of the points that keeps me made is we need a professional professional can be just about anybody but i look at all of the problems that the university of hawaii has had they've had perfectionists in all different departments these people were vetted by groups that came in all groups that brought them in and how much did it cost university of hawaii when they had to buy out contracts i brought this up at our committee and oh well we wouldn't do it that way and well i don't know why we think that now we county would be able to structure things in a better way than the university of hawaii has they have had it has cost them a lot of money and people who came in were professionals they were president of the university they were athletic directors they were professionals and many of them were brought in by search groups they were vetted properly contracts were written by professionals but it didn't help it cost money i just don't think that using that term professional is going to be able to change everything that we want to change i also feel that we there wasn't sufficient time to really discuss we met i can't remember how many times but all of us spend hours reading reports searching things i happened to come from a small town that had a professional manager and yes there was very little change i don't think the mayor ever changed for many many years my own father was a mayor but it didn't make the government run any better or any worse than any other form it whatever form you have we keep hearing that let the people decide we can't let the people decide everything i'm sorry there are issues that the elected people elected for a reason and it's for your your decision making your ability to look things i like one of the earlier speakers who said we should be governed by good judgement not always majority if majority always ruled there be people in this room who would never have had the vote because majority would not have accepted certain people to be voting thank you thank you mr comodo of the council manager form of government i grew up on now and i'm raising my kids on now and i'm a local businessman and i was also on the special committee that is proposing this recommending the reasons that i support this form of government as i i believe it's the best way to the best structure that allow us to administrate the county's business and i know david mentioned earlier that we had not seen the proposed changes but we had and so i don't know if he didn't get a copy of it but the rest of us sort of got a copy of it and didn't have a chance to review it in the last six months we've heard from a number of people testifying we've read volumes of information we had special speakers come in and talk about it i think initially i was very an educator on this and i wanted to kind of learn and find out what was going on during this process and  also i think we all bring our own specific experiences to this i've run a number of businesses here in the last twenty twenty five years and i have an m b a from u s c so i have a little bit of education in that respect to  the main reasons that i support this bill i think in the end the issues that i'm talking about are in structure not people you know it's structure and so one of the things in this bill allows us with the a manager  rather then the department heads being appointed they will be hired and that disconnects the mayor's term from the department heads terms so in practice currently the department heads change as the mayor change and i think in this sense you're going to see better continuity of leadership in the county and leadership in continuity in running a business also in that respect there's succession planning in in any organization any business you're going to have to look at succession planning and we have a structure in place currently have a department head deputy department deputy director and in the current practice both of those are changed over with every mer under this you can actually do some succession planning inus one department head a director leaves there's a deputy director there so business can continue i think accountability and leadership again with the appointment process  in practice the tenure of the apartment adds th seems to go in line with the mayor's tenure i think if you have these hired by a manager they're going to be there and they're going to have to their their merit and their longevity will be dependent on their skills and their results i think there's a number of good department heads that should stay along longer that if they're good they should be able to continue to do what they're doing and i think the last thing i want to mention is this process i think brings transparency to the process under the current appointment system there's not a lot i think this will do so again i'm talking about structure i'm not talking about people i think they're great chair we have no other individuals in our district offices nor a chamber who wish to offer testimony with that members take our lunch break be back at one thirty mr chair if we could  counsel provided a brief overview of the case he said since he last presented the case to your committee that parties have proceeded to proceed it with mediation before a judge or august ms the man and the deputy received a written recommendation from the mediator which he wished to present in executive session following an executive meeting your committee vote it six to zero clinton for the record resolution sixteen eighty you have before you committee report sixteen dash eighty six recommending that the proposed bill entitled a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the united states environmental protection agency for settlement of alleged violations of maori race very park be passed on first reading in the order to print mr rove i moved to adopt the recommendation in committee of the whole committee report sixteen dash eighty six into an intergovernmental agreement with the united states environmentalists protection agency to settle violations up the safe drinking act relate relating to a large capacity cesspool  closure of all large capacity cesspool with the deputy said on june third twenty five by resolution over five dash eight the cul de excepted the property identified in state executive order for zero two four which set aside two hundred twenty two point six two six acres at the prague park for the purposes of a public and recreational site the resolution to identify affected facilities it appears to close this in time of the mandate and the executive order may have led to the park cesspool being overlooked your committee noted the importance of diligently reviewing properties been accepted by executive order to check for regulatory issues that may apply to a deputy explain the department have been able to negotiate to have the penalty reduced and requested an executive meeting to discuss the proposal proposed settlement of the alleged violations following an executive meeting of your committee your committee vote it seven to zero to recommend passage of the revised proposed bill code to revise policies for the cool agricultural park which is a county program to support efforts to fight agriculture and the office of economic development manages the four hundred forty five acre cruel agricultural park which supports more than two dozen farmers the proposed bill would improve operations at the cool ag park and support the agriculture community in maui county and the cool ag park committee transmeta correspondence to your committee expressing support for this bill proposed bill to authorize the mayor to execute the propose agreement with the state board of land and natural resources for the operation maintenance and the use of completed portions of the central regional sports complex and your of hawaii when construction is completed and the state has appropriated more than thirty one million dollars for the complex to date phase one which was completed in march consists of twenty four acres of the mole type purpose field to softball fields to comfort stations a concession stand two hundred parking stalls landscaping and irrigation well and a water storage tank and the director of parks and rec inform your committee the community has used the complex since that time for various sports practices softball games and walking paths deputy corp council said the county has had access to phase one through a temporary rate entry permit set to expire on june thirtieth twenty sixteen and that requires the county to assume maintenance responsibilities so your committee knows passes age of proposed bill is consistent with maui county general plans including the polling objective found on page sixty four of the county wide policy plan expanded access to recreational opportunities and community facilities to meet the present and future need of residents of all ages and physical abilities and the department of public parks and recreation expressed support for the conflicts and appreciation to the state for its contribution to the enhancement of county residents recreational strickler for the record bill sixty five two thousand and sixteen here before you from your housing human services and transportation committee the following committee report committee report sixteen dash eighty nine recommend in the following one that the proposed bill entitle the bill for an ordinance chapter two point one six mo county code relating to the residential workforce housing policy credit requirements and deed restrictions be plus some first reading of the order to print and to that kind of communication sixteen dash sixty one be filed mr billow  thank you chair your committee met on may eighteenth two thousand and sixteen to consider a bill for an art in an ordinance amending chapter two point nine six mo we called relating to the residential workforce housing policy credit requirements and restrictions the revised purpose bill provides for the use of residential workforce housing credits to satisfy residential workforce housing requirements and reduces the time which the county shall exercise its first option to buy back a residential workforce unit from one hundred twenty days to ninety days the reduction from one hundred ninety days to ninety days is crucial for favorable financing options available to a potential home buyer freddie mac and fannie mae offer zero dash three percent zero point three percent down and requirement for mortgage insurance but only if the one hundred twenty day restriction is reduce the savings on mortgage insurance is estimated four hundred to five hundred dollars a month further the revised proposed bill allows credits earn from residential work force housing projects to be used for future development requirements housing credits are no longer restricted for use within the requirements in any county state wide the department transmitted corresponding correspondence dated june first stating that the credits can only be used in the county in which they were earned for your reference members a copy of the correspondence has been dished distributed at all it should also be noted that ordinance four one seven seven which amended the residential workforce housing policy in order to facilitate more housing construction has resulted in seven new housing agreements three of the projects are expect that to break break ground in tw with thirty three affordable units here committee vote it seven zero to recommend the passage of their revised proposed bill on first reading and i asked the members support was asked to give three hundred seventy to create it affordable housing in future uses in this colony because of the homes projects we've been told by our own county take creatives to offset the monies to this county and this tax base that the department has chosen not to be i think it's fair that the balance of the tax base makes up this one plus million dollars i definitely would like to have noted that our committee will look into this in relative to the credits and department who i know thank you any further discussion members see from your land use committee the following committee report committee report sixteen dash ninety recommend in the following one that the proposed resolution entitled approving with modification the waialae affordable housing project pursuant to section two one aged thirty  one thing that even our team is it pretty clear can me speech i'm just astonished i don't know if i could handle the rest of the day you know i am very thankful for this project coming forward  i to thank mr carroll for bringing this up and the committee for getting it through i had a discussion with the department of public works as you know they had some small concerns about sidewalks have it in their plans on why ali that they're going to do a sidewalk on while they drive we worked on potential rain gardens and things on that on that section as far as  leo they have agreed that they'll put a sidewalk in there as well if they can get the permission from the property owner which happens to be the other subdivision there  so they've agreed to put that in there with that permission or when that becomes a county road if it becomes a county road and i think it's scheduled to that being said i'd like to see if we can exhibit b number f fo where is the exemption from the sidewalk on cocoa leo road st sorry  either and i guess with mister carrot with your permission i guess we could maybe chat with the representative either some in lieu because it is a private road to put the sidewalk in and they've agreed to do it but we need to we should have it codified somewhere in there either some in lieu we came up with the dollar amount for the sidewalks or a condition that says when it's available when when when they've gotten permission then they have to put the sidewalk in it kind of want to remove that exemption sort of so are you are you making a motion or yeah i think so at this point and i will ask corporation counsel if i get a second to the motion i move to remove the exemption if for from exhibit b because that area where they have the sidewalk i mean where they where they can put in the sidewalk is private property and not their property are they required to buy maui county code eighteen point two zero point zero four zero  if i may go ahead can i clarify your question you're asking whether or not the private property would be required to install the sidewalks this project which is on a separate piece of property could they be recalled can they be required with this if we leave you know does eighteen point two zero point zero four zero require them to put a sidewalk on somebody else's property i would think not  it should not and i'm not but we are that are you suggesting that the street is a private little private road and it there's a curb gutter on the side that adjacent to this property and then there's an eight foot grass area that is still part of the private the other subdivision then their property starts and that's where their property lines are and that's where they were putting the houses up to so if we remove this exemption are they going to be required to put a sidewalk on their property that really doesn't but the road because there's about eight eight eight plus  area there in your concern is that there would be responsible for installing the road after the sidewalk excuse me installing the sidewalk after the project is complete or when it actually becomes public property it's in a it's a transition area right there they've agreed to put it in to me verbal ian to his dad dad i don't know if we need anything in code to solidify that agreement but if you remove the exemption then they may be required to put it in prior to dedication to the county correct but are they required to put it on  somebody else's property that's my concern not only as it's contained within any of your can title means that you've awarded right so the answer would be no ok so the point is moot then if we remove that exemption are not i think it's cleaner if you keep the exemption in and if you prefer that the not be required to provide the sidewalks while we they said that they will provide the sidewalk once they get their permission from the county when it becomes a county road or permission from the developer the other subdivision you because it has to be put on their land you and they're in they're here if you would like an answer to that question was the chair i cause i think it it borders on in my mind you know you wanted somebody to do something on somebody else's property now or at least take it's own by some other entity you know in verbal agreements and you've made it known least a culture it's on record and i would hope that down the road because that's my big bugaboo of all of this is there's still a lot has to be done  of the street before we can even put the sidewalks on that side of the room there is a lot of improvements that have to be done so and with that being said if you want to allow the expert testified to come down and testify today be sure i would i would like to many is owned by the neighboring subdivision and the concern that we have if we are required to put in a sidewalk would be a liability that's a concern  we liable or the property owner going to property one would be liable and that's that's the questions that we have on this project site so i'm wondering why we're talking about in the exemption that we start for this project or what is i need to know why does the relationship to this require us in this project regarding the exemption or the need for the sidewalk for an interesting we're looking at somebody else's project or somebody else's land for another project so if someone could use some common and clear  four zero on all the property frontage normally requires you to put in groups and daughters and sidewalk the reason that we're asking because that's my question to mr wong is if the exemption was i mean if the exemption was removed they can't put a sidewalk in any way because they're not up against the street i mean they've got eight feet they can put curb better sidewalk a street that already has a gutter and a curb and grass so do they need to be exempt from this code because they can't put us curb bettors frontage will eat and creep into their existing lot size and therefore they're asking that the exemption i'm hearing there asking that exemption be awarded so that the need not create the sidewalk that they would ordinarily need to do on there property because you're already have the adjacent private property that is not owned by  this project otherwise eighteen point two zero point zero four zero may require that their portion of the frontage be obligated to provide a sidewalk and i'm hearing that that's what their concerns ok but they may lose lots of them and mr chair permission to put the sidewalk in there and if you know this is one of those situations where if i get assurances and then they they don't do it just you know the next time they come before us the be a different story thank you for the discussion your quick churches and thank you mr big oil for being here so i'm looking at your exhibit one preliminary say plan and looking at that map and that fifteen foot water line easement that abut all you know like the project in general i find ourselves putting ourselves as well as this project in unique situations because if you look at the exemptions f says given the exemption from building  expect one side walk on the other side of the road as i read number five because this is five foot wide sky will be provided on one side so mr rich i'm just trying to find out whether or not we're conflict in each other o to goes around for the internal part of the project itself there was going to be sidewalk on one side of the of the housing and so that was discussed and that was agreed upon very much here you know this project when it was in committee we really took it apart and we really looked at it and made this recommendation that we have before us there's a whole lot of discussion and you know compromising and everybody seriously trying to figure out how to make this go and i understand it's not perfect i understand their concerns you know who's going to building was going to pay for it later on we might need it whatever but at this point because of what we with enough fordable i would think i would really like to see these houses built as quickly as possible and for me i'd rather be giving some breaks to an affordable housing project and to building more homeless shelters thank you for the record resolution sixteen dash eighty one here before you from your planning committee the following committee report committee report sixteen dash ninety one recommending the following one to the proposed bill entitled a bill for an ordinance amending section two point eight zero be you point zero at this time county communication number sixteen dash want to whine as as it is a proposal to amend the proposed bill reference in committee report sixteen dash ninety one and have before you kind of communication sixteen dash one o one from the chair planning committee transmitting to the council cherry proposed amendment to the bill to update the in a community plan ou exhibit one to the proposed bill by supplementing the state land use to districts that apply to four of the community plan land use designations as shown in the revised the bendix nine point to attach to the amendment summary farm company county bison motion from mr couch and a second from missed by so as to count thank you at your planning committees meeting on may twenty fourth twenty sixteen the planning director recommended was any further discussion on this item mr holcombe chairman it's more of a question at this time for clarification i notice that we are using all state land use classifications discussions in the committee that mr spence felt that conservation is state land use and it's all controlled by the states yes we do get taxes from stuff that's put on state land use but it's all controlled by the state i don't think there's an problem if we add that in there because it is listed on page eighteen of the table should be noted to that that at the county level but we can put it in and i checked with mr spence and he did not object to putting that in those four locations chairman i was i just bring it up for the members to consider you know open space goes into conservation areas that's one of the counties as a nation open space parks has components within open space inc conservation agriculture has some components  not thrilled about that if need be let's do it at this point in time and take care of all state as the nations of returning leader are working on a different plan and saying we should have done this for all previous plans so i just bring it up i'm happy to add conservation to those same for land use districts state land use districts marked in blue and a further discussion members say none of those in favor please signify by saying i was opposed say no if you're passive with eight eyes and one excused back to the first amendment and further discussion on the first amendment for various months members of our community is part of the existing one nine hundred ninety eight and current community plan which in this members of pain is very solid and still support in moving this amendment forward thank you thank you so comma members for the discussion on this item mr couch thank you mr chair and i understand what is doing and i'm i'm fine with that it's one of those things that it it kind of i mean it was discussed in the committee several times but if the member from that district wants to put that have made it very clear thinks this team plan is a solid plan and we've been told that even before we worked on this plan that this was is solid plan very concise not overly worded very clear in the intent of our our part to be responsible for guiding that revenue generation be responsible in how we asked for monies in expenses for required services as well as  body this afternoon i will say though going through my third community plan process sure we need to do it better we try to each successive buy and we seem to screw it up worse takes longer it's more confusing and at the end of the day we get frustration from people on the seat back frustration on the planning commissions and then we get frustrated here  council level we need to find a way to chart the length it takes to do it in a reasonable responsible review and it was that one of the things we should consider is eliminating planning department this it truly are nuts and bolts of this coming to me as we call those about what they do on a day to day basis and we don't need some one local to tell us what is ma in our districts so for me i'm not happy with the process i hope we learn because i would like the next plan well ok to go through a much smoother and much more comprehensive and a much more cohesive effort in getting their plan reviewed revised and accepted to what they believe is in their best interests as part of this greater company so for me chairman again share and thank you mr o'connor for your comments we did have a discussion on a may twentieth i think a committee meeting about the process and that discussion is going to be picked up again a little bit later on in the year when i community plan was it is a good plan and it works but to a to b requires us to add quite a few of the other chapters that we had at so thank you thank you any further discussion record bill sixty seven two thousand and sixteen you have before you from your policy mr chair sorry mate may i move to file county before you from your policy an intergovernmental affairs committee the following committee report committee report sixteen dash ninety two recommend in the following one the proposed bill entitled a bill for an ordinance authorizing the mayor of the county of maui to enter into intergovernmental agreement for a joint training agreement between collets to fire and rescue in the state of washington and the county i'm always department of fire and public safety be passed on first reading of the order to print and to that kind of communication sixteen dash eighty one be filed with the victory no thank you by a vote of nine to zero your policy an intergovernmental affairs committee recommended recommended the passage on first reading of a bill in the bill for an ordinance authorizing the mayor of the county of entering into an intergovernmental agreement for a joint training agreement between college two fire and rescue of the state of washington and the county department of fire and public safety and the finding of count communications sixteen that eighty one the purpose of the proposed bill was to authorize the mare to enter into an intergovernmental agreement with the college to fire rescue department of kelso washington to establish a joint training program with the county's department of fire and public safety your committee noted the importance of training because of the large amount of  county and soon to be increase by the state completion of chain production by the cns your committee requested in annual status report on these activities and expenditures of the joint training program that was transmitted to the council so i respectfully request the council's consideration of this motion thank you mr chair thank you mr victory no any further discussion before you committee report sixteen dash ninety three recommend in the following one that the proposed resolution and titled proposing an amendment to the revised charter the county of maui one thousand nine hundred three as amended relating to article eleven initiative be passed on first reading ability to print and to that kind of communication fifteen dash one eighty five be filed by a vote of nine to zero your policy and into government don't fares committee recommended the passage on first reading a resolution in title proposing an amendment to the revised charter of the county of  nineteen eighty three as amended relating to article eleven initiative and the filing of county communication fifteen dash eight one eight five the purpose of the proposed resolution is to place on the next general election ballot the question of whether charter section eleven dash five should be amended to require individuals wishing to withdraw their signatures from a supplemental petition to do so within three days of the receipt of the supplementary signatures by the county clerk article fourteen of the county charter since fork procedure is related to amending the charter the council by resolution did after two readings on separate days and passed by a vote of six or more members to be placed on the charter man in question on the ballot at our next general supplemental petition may be submitted the charter does not provide guidance for individuals wishing to rejoin their signatures from the supplemental partition the purpose of the charter minutes to allow withdrawals of a signature from a supplemental put dition by written notice within three days of the receipt of the supplement to prove titian by the county clerk i respect fully requests my members amendment to the revised charter the county of maui one thousand nine hundred three as amended relating to article eleven initiative regarding the timeframe to review supplemental petition signatures to be passed on first reading and the order to print and to that county communication fifteen dash one ninety seven be filed county of nineteen eighty three as amended relating to the article eleven initiative regarding to the timeframe to review supplemental petition signatures and the finance county communication fifteen dash one ninety seven the purpose of the proposed resolution is to place on the next general election ballot the question on whether charters eleven dash five should be a minute to allow the county clerk or twenty submission of the petition if more signatures again are needed to meet a threshold a supplemental petition may be submitted the proposal would allow twenty days instead of the existing ten days to validate the mental signatures dot com received a supplemental petition proposing a ordinance by initiative with more than nine thousand signatures in two thousand and fourteen please come back to order to proceed mr clerk for the record resolution sixteen dash eighty three you have before you from a special committee i kind of governance the following committee report committee report sixteen dash ninety five recommending the following one that the proposed resolution entitle proposing an amendment to the revised charter of the county of maui in one thousand nine hundred three as amended to provide that the managing director shall be appointed by the county council to function as the county's chief operating officer with the elected mayor the power to represent the county in intergovernmental relations approve or veto bills and nominate members of boards and commissions be passed on first reading of the order to print and to that the correspondence from the chair of a special committee dated december seventeenth two thousand and fifteen be filed you mr clerk and members as you know this is a bill or committee report of great interest to a lot of people and i believe that all the members feel that it's necessary for us to have more time so my recommendation without a without objections is to refer this to be a committee for further review and with the understanding that  very much and we are really kind of work this out and we are hoping june twenty seventh am because i want to take mr cochran for giving me her slot also so that we haven't all the midi and to discuss those remaining and also to take this off and hopefully completed on that be as far as dystonia as well as our recommendation from dysfunctional so i can assure the public if you're marking on your calendar june twenty seventh is what we're looking for on all  committee meeting to work on this and other items but specially to dedicate time for this particular issue thank you for that you're so any objections with the referral members thank you mr kirk mr chair proceeding with kind of communications you have before you kind of communication sixteen dash ninety nine from the director of water supply transmitting to the council water use reports for february and march two thousand and sixteen received from the state of commission on water resources management for already registered while reporters from our county transmitting to the council chair the following proposed bills untitled one a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains estimated revenues community plan area water supply water treatment facility replace them project total capital improvement project appropriations and total appropriations operating capital improvement projects and to a bill for an ordinance amending ordinance number forty two twenty seven bill number thirty four two thousand and fifteen authorizing the mayor of the county of maui to enter into an intergovernmental agreement for a loan from the state of ois drinking water treatment revolving loan fund for the water treatment facility replacement community plan area fiscal year two thousand and sixteen budget ordinance mr holcombe a chairman i move to discharge president  request has a clock ticking on it this is for the fiscal year two thousand and sixteen budget year which ends in twenty three days twenty seven days so my discharge describes work and then me in a decision upon action and direction you would like to go with this department the requests think any further discussion members on the discharge team none all those in favor of placing a five by saying i passes with eight eyes and want to excuse the stickler for the record bills sixty eight and sixty nine two thousand and sixteen respectively mr chair proceeding with kind of communications for a furled the following kind of communications are recommended free for all for the following committee is noted economic development energy agriculture recreation committee kind of communication sixteen dash one zero two from the economic development director transmitting to the council a proposed resolution and titled authoriz