excuse the core ms present to conduct the business of the council thank you mr clerk for this morning's opening remarks i'd like to call upon member stacy carrillo thank you chair this week we pretty much are into our little week festivals and mostly has had their celebration and hanukkah continues this week depending on the weather and of you know we've travelled all over the world but what we felt cannot be described but as a deep spiritual experience and for them it was hard to describe so i shared that it is the true feel of a lot that was shared from within on the eve of the channel race the ocean the rough ocean chose to not invite the paddlers to cross the channel the channel and when they reach awful they catch their international flights home the currents and waves of homes open their doors gatherings created fellowships as many hands coordinated our visitors flight back to the airlines respond it with unreal efforts to accommodate and again what is so special of our islands and i am proud of my home and i see a model that truly is a community that thrives and just a friendly reminder please turn off your cell phones or other noisemaking devices so we can keep order in the chambers mr clerk please proceed with the chair proceeding at the presentation of testimony on ceremon l resolutions we have received one requests from an individual who is signed up to testify in the council chamber first person to testify in the chamber is a mercer of a sense testifying on the ceremonial resolution morning chair good morning members of the council i just heard misc ravello say the community survives when a law is shared and that goes for everywhere we look at any page you pick up the newspaper any t v news is filled filled with violence why  not take the lead why not molly take the lead one at a time one step at a time can prevent what's happening out there if we think as we raise our hand to play a child and adult male or female if we think of a law and lore hand for that mom we've survived one more test i think it's important for us to remember that we are human and we make mistakes let's work on it as a community so that we can all in this horrible horrible thing that happens every day behind closed doors with the council's help talking to the community we can achieve this this is not an impossible dream this is something that we can share and we can share it with a lot thank i think it has to be a sense mr kirk mr chair proceeding with ceremonial resolutions you have before you proposed ceremonial resolution entitled it recognizing the month of october as domestic violence awareness month in maui thank you chair i move to adopt the resolution and title it recognizing the month of october as domestic violence awareness month in my week county this to cheer i second the motion have a motion recognize across the united states as domestic violence awareness month and whereas this commemorative month evolved from the day of unity held in october one thousand nine hundred one conceived by the national coalition against domestic violence to connect advocates across the nation are working to end violence against women and children and words domestic violence is a serious crime that affects everyone destroys families and relationships hurts those we love and weakens our communities and whereas annually ten million people across the country regardless of gender ethnicity religion or social and economic status are victims of domestic violence and whereas since the passage of the violence against women act in one thousand nine hundred four our nation is making tremendous progress in reducing the shameful crimes embracing the basic human right to be free from violence and abuse and recognizing that more work remains until every individuals able to live free from fear and whereas the state of hawaii has made great strides to increase social and legal services education and support for domestic violence victims including local legislation critical to strengthening the rights of victims and ensuring serious consequences for the abuser and whereas act two zero six two thousand and eleven sponsored by senator russell and baker prohibits discrimination for employees who are victims of domestic or sexual violence act one seventeen two thousand and fourteen sponsored by the late representative milly carroll makes physical abuse in the presence of a minor under the age of fourteen a felony and act two twenty two  fifteen permits or early termination of residential rental agreements by the tenant in cases of domestic violence and where as domestic violence reported to the maori county police departments domestic violence unit has almost tripled from one thousand seven hundred ten in  to four thousand eight hundred forty three in two thousand and fourteen and whereas the country domestic violence task force in addition to the west maui somali task forces meets monthly to bring together governmental agencies law enforcement personnel victims rights advocates and other social service agencies to collaborate and coordinate domestic violence services and where as during the month of october many events are held in mali county to strengthen efforts against domestic violence including paint the town purple on october second walk a mile in her shoes men's march against violence against women on october third and october twenty ninth domestic violence expo on october third human trafficking conference on october seventeenth expanding protective factors within our community on october twenty fifth and candlelight vigils on maui throughout the month in memory of those whose lives have been lost as a result of domestic violence and to honor survivors and whereas the dedication of success of those working tirelessly to end domestic violence in the county and the strength of the survivors of domestic violence should be recognized now therefore be resolved by the council the county of one that is here by recognizes the month of october is domestic violence awareness month in maui county and to that certified copies of this resolution be transmitted to pac family peace center maui legally society of hoyo friends of the children's justice center of maui child and family service economic opportunity incorporated women helping women  services maui branch department of health family health services department of public safety intake service center university of hawaii college kevin j block immigration law l l c molly county committee on the status of women the partment of housing and human concerns immigrant services department of the prosecuting attorney victim witness assistance division and molly county department of police domestic violence unit screw or thank you chair i would like to add my the thousands of individuals across america in recognizing our tobar twenty fifteen as domestic violence awareness month all across this country we pause to remember the victims of domestic violence those that have passed those who have survived and those who are in the midst of this deadly play their statistics are alarming to say the least but that this things don't put a face to the countless victims of abuse all of you here working hard to end of violence help to put a face on the victims while offering the hope of a new life free of violence i want to com more women helping women the various state and county agencies task forces on their tremendous efforts on behalf of the many women and children who have sheltered you have sheltered and protected you have been a true godson to those touched by domestic violence helping the victims and families and educating our community on this disease that must be wiped out this year's candlelight vigils again honor of those victims who have passed let us all work diligently to end the violence it is incumbent upon all of us to bring it out of the shadows where it feeds into the and cannot survive i ask my fellow members for their support in adopting this resolution yes thank you very much here and i'd like to think come member crew velo for there's a resolution today it's a very important one you know this is one of those problems that tends to grow because people are  embarrassed women are embarrassed to say that they're in this situation oftentimes they see no way out of it they are concerned about their children they're concerned about their safety where they're going to live how they're going to sustain a support themselves when they  and so i think that i'm very proud that the macone of maui has decided that we want to support programs that help women that are in this situation and we provide the resources for a place for them to go and services for them to be helped i think this is crucial because to know about this and to do nothing in my opinion is an excuse you know these women are desperate many of them so afraid to say what's going on because they fear for their safety of that and their children and i speak from experience as a very young wife i went through this and think that i had the family with me to get me out of it so that i could start my life over and have not had to do with this and this was over fifty years ago so nothing has changed it was that way fifty years more than fifty years ago and it's still going on today so we have to do everything we can and i want to think that agencies that are helping source and people who worked with over the years all suffering from abuse some extreme or suffered family abuse it's just it's very emotional for me because i've seen results when  this this very very important issue that we all are very very well aware of and a lot of us perhaps personally you know if experienced or at least no family or friends who have been through this type of  suffering and having been laid out for a few weeks and watching dr phil who is the woman on there that it was her excuses were that if i had shut my mouth and didn't mouth off so much he wouldn't have hit me and because i'm not going to answer back anymore and be a good girl he's not going to lift his hand on me anymore so everything's going to be ok and that's that was scary to think that people feel like it was my fault because i open my mouth and made him mad it was ok for him to hit me well to me no no excuses that is not right and another sad situation happened just in the  a woman a couple had come over to get away to mend their relationship back together and that's not what happened he ended up killing her beating her leaving her out and and a friend of mine found them started to stop them and it was just very ugly so things can get so out of control and i just want to think our community for pulling it together to help places for women to go safe place feeling comfortable wanted and cared for i appreciate the time today to acknowledge this but not just today but every day is when we need to pay attention so thank you for that time share any further discussion members mr couch t and you know it is sad that we even have to have this type of program out there it's unfortunate that being said i'm glad we do have the program and i am glad to be able to contribute to the awareness and hopefully enough people i mean you've heard the stories already so i'm not going to repeat that hopefully enough people will get the message and listen and spread the word themselves to about that this is not ok at all ever hopefully we get the word out that's what this whole program is about and of course fully support the unfortunate need victory no thank you chair and i think my colleagues here most eloquently put together what needs to be said and the public asked understand that my whole was no more acceptance we cannot accept this anymore we've got to stand up like other diseases that exist in our community this disease of violence has to stop it is a disease it is pitch you eat it and i think if you watch v enough video games violence is perpetuated and this is the set chronology of our society the responsibilities and consequences are not in many cases severe enough and enforced enough and this is why we have we have today let me just say fifty years ago nuttiness change well i think i disagree with that statement i think things have change we are fighting back we are saying no more we are not excepted no more acceptance of this scourge and i would hope that we all continue to work hard at it but i can also he say when tempers flare and i can be a very guilty one in that respect something we lose the reality of what's around us so i think if we keep our good lord or our creator in our minds and in our heart that will always be one of the deterring factors from us crossing that line any one of us it could happen to any one of us thank you mr chair thank you and for the discussion members would just like to add his thoughts i totally agree with both misplace and mr victory no there should be no exceptions and there should be no more excuses you know unfortunately violent video games i think probably plays a part in it i think the violence that we see every day on our television sets is an unfortunate focus of the media and all the things combined seem to provide a level of acceptance that you know some of this violence is ok and that's just not right i've had a situation in my family thankfully my daughter was able to get out of the situation unharmed but it's a very pervasive thing which just seems to  be well i think it's generated by some of the things i just mention i'm thankful that we have groups like women helping women who are there to provide a safety net for and for women and children who get caught in these situations and  and i'm certainly happy to provide assistance on an ongoing basis but i like mr couch i wish it would just go away but reality is not going to so any further discussion mis judges want to clarify my statement a mug nothing has changed what i meant is that the violence is still going on and it's still hidden and it's still underground and yes we have programs now which i didn't have when i was involved but really it's still happening and it should go away permanently thank you i think you're pretty clear when you made your comments any further discussion members see none of those in favor please signify by saying those opposed say no jenny thank you so much i'm going to share these ladies with the task force members certainly thank you all so very very much we have with us today some members of the central my domestic violence task force i love when our police unit shows up in uniform it really lends  level of seriousness to just looks they make it looks so formal and and beautiful where you know and i also love seeing all the purple today so i want to thank you all for doing this council member curvilinear office for pulling it all together good morning i'm jenny bissell with department of health i'm a nurse with the family health services there vision thank you october tenth at the queen go home on a shopping center she led the county committee helped put that together and all of our agencies will be there so please come down i wanted to take one minute to explain what the no more campaign is all about i thank you all for putting your signs together i think they're very powerful no more campaign has been started nationwide as a result of the oh there's a coming together of domestic violence and sexual assault programs across the country and what we started our own hawaii says no more about almost two years ago so we're rolling out this campaign and this blue donor and as we affectionately call it represents the vanishing point of domestic and sexual violence so it's a new symbol that pulling together both domestic violence and sexual assault and i wanted to share a few of the comments what this there's a public service announcements on television if you go to the what he says no more dot org website you can see them even n f l players after the whole ray rice incident happened some of the n f l players said i have to do a p s a like this a public service announcement because my mother was killed by domestic violence i know victims of domestic violence so even the n f l has done public service announcements so some of the answers are we're saying what are we saying no more no more pretending not to see this was beautiful just this morning by mickey no more beatings no more bruises these were made out our walk a mile in our shoes some of these by the line of football players came who in force i was really grateful no more heading no more put down no more tears i think that's so powerful no more fighting no more bad words oh no more tears again and no more fear so i want to thank you and thank you for recognizing the people that work in this field every day it is they sharon said it's gut wrenching but very rewarding work we want to honor the victims and the survivors but i also want to thank everybody that does this work every please proceed mr chair proceeding with the presentation of testimony on agenda items we've established a limited interactive communication that enables individuals from hannah and you to provide testimony from our district offices agenda pursuant to the rules of the counsel each that safire may be allowed to testify for up to three minutes when testifying please state your name in the name of any organization you represent office please identify yourself and introduce or first  and there is no one here waiting thank you mr chair we have six individuals who signed up to testify in the council chamber the first person to testify in the chamber is lloyd for shell to find i kind of communication  it's good that government reviews itself from time to time and this proposed research could be very helpful for maui and there isn't any funding mechanism in this resolution and for this measure or this idea to be successful we have to start on the right track without the funding mess mechanism it's really starting on the wrong track so i suggest that this goes back to committee the p a committee and work out this and other issues that might might need to be worked out including comments from the public with a communication as it was sat a vote today to  the next individual to testify is dale bowen are testifying on kind of communication fifteen dash to forty seven he'll be followed by marjorie bowen are a lawyer council chair members of the committee i mean strong support of this resolution proposed function of a special committee and county governance reviews to do exactly what every successful efficient and effective organization does whether they're commercial organization a nonprofit organization governmental organization or any other types those things are to conduct regular evaluations and analysis of the organization structure functions ineffectiveness including a three through swat analysis which looks strengths weaknesses opportunities and threats second to gather stakeholder input into the effectiveness and efficiency of the organization third evaluate alternative methods of organizational operations and fourth to recommend a strategic plan for implementing any desired changes this special committee is formed to help with these functions and address the preamble to our county charter which is to and i quote secure the benefits of the best i have not been coerced into giving testimony it seems to be something that we have talked about for a long time i am strongly in support of the resolution mostly because i look at this as kind of moving from a selectric typewriter to a computer that we need to look at what the new art and it's not new but what those options are out there and any possibility of making government more efficient spending our tax dollars a little better i think it's worth at least exploring every facet that we can find and that's i think that exploratory committee is a really important thing at this time no matter how people feel may feel about the issue and i think it was born our members a need for clarification on c none thank you for being here this morning strongly support this item in establishing a special committee on county governance you know normally this kind of thing would be addressed when the charter commission comes together every ten years  speaking to a couple of members of the most recent charter commission i understand that you know they had an awful lot on their plate as it was this issue came up but it's just too large to tackle in that environment and so for that reason i believe that a special committee as is proposed by the chair is exactly the solution that's needed i think it will take about six months to digest the information and to assemble it in a way that we can we could be brought back to the council in some form to be acted upon we as a community i think need to understand why it is that the majority of cities and counties across america the size of maui county having gauged a professional management form of government to execute the operational functions of their cities and counties and i'm really interested in that issue personally and so i urge you to adopt the resolution and let's be curious and let's find out what it's all about thank you very much thank you mr hyde members any need for clarification  for being here today with the clerk the next person to testify is mike marr and testifying on kind of communication fifteen dash to forty seven to be followed by mercer chubby  continues to undergo an ending changes and we all have to make adjustments things that were appropriate fifty years ago no longer or reasonable fit so it becomes necessary for all entities to examine change and explore what is the best direction to take is the governmental system put into place a half century ago still appropriate it's certainly reasonable to examine this to see if it is time for something newer casey a we believe going in the direction of this measure is a practical process establishing a committee to explore what changes are possible and how they may be achieved is a sound action so we are in favor of this measure casey is making plans for our first community meeting of the new year establishing a panel discussion to examine this very issue as our way of stimulating interest and discussion among our members and guests the simple life in need of a half century have been replaced with complexities hardly invision then population has exploded as has the built environment w clarification seen thank you for being here this morning the clerk the next person to testify is the mercer chubby the sense testifying on kind of communication fifteen dash to forty seven he'll be followed by rosemary robins morning chair again good morning search of your sense speaking as an individual on fifteen to forty seven mr chair believe that the bill establishing a special committee on county governance can be a good one if it's all inclusive i don't know how many members are intended to be in that but i think every member should have input to where we're going i think if we've got to think outside the box we no longer can stay in the box because things are changing minute by minute in our lives and i think good government good government should be expressive it should be one that's innovative it should be one that includes the community so all i'm asking by testifying is that we have transparency we have community input and last but not least we have the input of all of the council members thank you mr chair thank you mr descends any clarification needed members see none thank you very much for being here mr kirk the next person to testify is rosemary robbins testifying on committee reports fifteen to one forty two fifteen dash one forty four and kind of communications fifteen to forty four and fifteen to us to forty seven should be followed by mad schieffer good morning i'd like to do that fifteen to forty seven first in my comments this morning backing up everything that has been said so far about this issue  now is the fastest growing county in hawaii and one of the fastest growing in the u s in fact and we know that we have a need to grow with that in order to handle the growing needs when we look at the old adage about don't throw out the baby with the bar bathwater we also need to take a look at the fact that we don't want to drown in the bathwater of old so we need to employ high he qualified folks to move us forward on here taking the best of the past and growing it and from the best to the better than best that we have right now so thank you a wonderful education institutions that prepare people throw multiple tracks to handle things especially the environmental stuff ok and then over two fifteen one forty two i strongly support the adoption of the rosa resolution requesting county's congressional delegation to support amending the united states constitution to regulate campaign contributions by corporations and i down in the lobby of this building in a number of places around town you might have seen those little sort of checkbook size documents columns about the united states constitution it's very well put together feel free to pick one up and go through it we hear a lot in today's political environment about the founding fathers the u s constitution has been amended at least twenty seven times so they didn't get it right the first time and as changes came along in the society there were changes in the constitution so let's not get bogged down in what was originally done way back when let's take it to where it has come and to move forward with that when we look at what happened especially with citizens united on the federal level we need that we need to do something about that we're drowning in debt but all of the levels and we need to know that citizens united is not the only one that we need to address and i would also like to say on fifteen one forty four i support adopting the resolution approving acquisition of acreage related to  the water treatment facility and development of our google well number one and here is to greater quality and quantity of development of water throughout the county not just down here also one last one and i did put that in and my registration sheet this morning improving in the twenty sixteen what you state association of counties legislative back a just a bill prohibiting smoking in motor vehicles occupied by minors child endangerment is against the law first and second hand smoke a child endangering and for those of us who have been a long time since we've been children we're all free to not in danger enjoy that freedom thank you thank you members any need for clarification of the testimony see none thanks for being here this morning the next person to testify is mad schaefer to surviving on kind of communication fifteen to forty seven should be followed by dick may seven there was a change over to the current government system the mayor and council i went back and looked up some numbers population and nine hundred sixty seven for mary county it was thirty eight thousand and there were less than two thousand visitors sorry can you hear me now i'm so used there were less than two thousand visitors that just stunned to be i was here  nineteen sixty nine and i know they're there the population was pretty small and there weren't many visitors there was only one hotel and ghana now forty eight years later the population is one hundred  sixty three thousand and this visitor number i'm still stunned at because according to a turn as in beer as just this year on maui and that county one point seven six to nine million visitors so we've gone from two thousand to one point seven million i would say the time is ripe for a review of our government first of all we have a council that some very independent and kind of like that the plantation mentality is gotten from this council  council chambers and i think that's a good thing for the citizens of maui i think we have a wonderful connection that would be very helpful for this study and that is council member okama past distinguished president of the national association of counties has certainly made some friends at the national level and probably could get us just to the right people with just one phone call that is it's you know a priceless asset so we've that you are essential to the success of this study going forward the third point is it keeps a promise it has been made to the community and the fourth is an independent committee makes an academic study rather than a political study and i think that's really important i agree with all the points that have been been made but to have this done in a non well as nonpolitical as it can get is is a good thing and then the politics can take over wide study a stand so i thank you for this opportunity and i thank you for your your continued leadership when you are schaefer members any need for clarification see none thank you for being here this morning mr clarke the next person to testify is dick mair testifying on kind of communication fifteen to forty seven mr mayors the last individual who signed up to testify in the council chamber thank you mr chair good morning good morning as a teacher have to just correct this last speaker we had two thousand tourists back then but it was two thousand per day and now at the one point seven million is the number per year so i think there's a the but the growth has been an astounding we now averaging around sixty thousand at any one time on the in the county with regard to the resolution and governance  i think that the county wide policy plan which you all adopted and which is contained in this resolution says it very well evaluate and if necessary recommend modifications to the county charter that could result in a possible change in the form of guidance of molly county and i think that's very important that we have to do this as shaffer did say we've gone now almost a half century five decades before since we really examined our county government government structure and it's about time that we did that even if there was any particular crisis at this point just at that long a period of time we should say are we doing things the best way we can it's not a question of blaming anybody for doing something wrong we just should examine present structure and you might say well let's give it to the charter commission the next time around is a job for them to do and this resolution also makes it very clear that the past charter commission urge and they report that the commission recommends that a task force be established to thoroughly review the structure of the county of government research other models of county governments and prepare a report and that's exactly what this resolution is asking to be done  strongly do not wait for the next charter review commission to examine this issue at least at this committee that can focus on this very very important matter and let's get the job done and whatever they come up with i think we should give the public a chance to vote on it at the next election if there is a charter amendment needed and i urge that we examine ourselves and make sure that we have the best county government possible thank you thank you mr mayor any need for clarification members see none thank you thank you for being here this morning mr quinn mr chair there are no further individual signed up to testify in the council chamber thirty any additional individuals in the council chamber or at the district offices who like to offer testimony please identify received written testimony without objection members will put them on the record thank you and since we all know for the testimony without objection will close public testimony media in the county council comes back to order mr clerk we proceed mr chair proceeding with minutes you have before you for approval the minutes of the regular meeting of august seventh two thousand and fifteen mr curia no thank clerk mr chair proceeding with committee reports you have before you from your committee of the whole the following committee report committee report fifteen the ash one thirty nine recommending the following one that the proposed bill intitled a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the united states department of interior fish and wildlife service for the settlement of alleged violations at the louis waste water reclamation facility be passed on first reading in the order to print and to that the proposed bill and titled a bill for an ordinance  authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the united states department of the interior fish and wildlife service for the settlement of alleged violations of the law and you waste water treatment facility be passed on first reading and be ordered to print  september twenty third twenty three twenty fifteen your committee met to consider their proposed bills read by the clerk a representative of the department of environmental management informs your committee the alleged violations at the  cooper who louis facility arose when sand was being excavated from a short line area to install a wall workers notice feathers in the machinery discover that birds are burrowed in the area and called the u s f w as the fish and wildlife service representatives said the alleged violations at the alumni facility involve an oxidation plan that had been jury to investigate problems with upon line or when the pond was drained bottle lism toxin and maggots infected with the toxin or in the exposed to much which were in turn eaten by the birds causing the birds to die your committee discuss the taken to rehabilitate two injured birds training sessions the county is participating in and standard operating procedures developed to address these concern following an executive meeting on the matter your committee vote it five to zero to recommend passage of their proposed bills on first reading i asked for the consul support of your committee's recommendations th excused mr clerk for the record bill seventy one and seventy two two thousand and fifteen respectively you have before you from the economic development energy agriculture recreation committee the following committee report committee report fifteen dish one forty recommending recommendations in committee report fifteen dash one four zero circular seventh two thousand and eight by executive order four two two zero the state of hawaii conveyed to the county for community center purposes the former and to his school la the property consists of one point nine eight zero no he crude since physical year four hundred twenty eleven the council has appropriated funds in various amounts to build a community center on the property including most recently an appropriation of six hundred thousand dollars in f y twenty fourteen your committee for their notes on september twenty eighth two thousand and twelve that county executed a contract of coupon no builders l l c contractor to construct the community center building for six hundred forty one thousand two hundred six dollars with the duc sions to be completed one hundred eighty days after issue surance issuance of a notice to proceed subsequently the contract was amended to provide for completion of the project by april first two thousand and fourteen among other things as its at its meeting of september for hundred twenty fifteen your committee received a status report from representative he community association observing that nothing has been done at the construction site and expressing frustration about the long delay in construction of the community center your committee is in receipt of a complaint filed in county of maui versus mao we could put a coupon of builders l l c at all civil fifteen dash one zero four two one pair and one because the case involves ongoing litigation your committee noted th complaint is more appropriately reviewed by your committee of the whole and recommended the complaint be referred to that committee i respectfully ask for consuls full support of your committee's recommendation thank you chair thank you ms coc affairs committee the following committee reports committee report fifteen dash one forty one recommending to the proposed resolution and titled relating to the point of view all or to the civil service commission be adopted mr vick your own thank you mr chair a move to adopt a long long time resident of their entire family so i have every confidence that ms ali will do a wonderful job for this county and i'm in full support of the nominee thank you thank you ms cochran any further discussion committee report fifteen dash one forty two recommending the following one of the proposed resolution entitled requesting countries congressional delegation to support an amendment to the united states constitution to permit congress in the states to regulate the influence of corporate power on the political system be adopted and to that kind of communication fifteen one twenty six be filed as director you know thank you mr chair i move to adopt the recommendations in committee report fifteen dash one for two i second the motion for mr victory over the second from mr couch mr victory no thank you chair at its meaning of september fourteenth two thousand and fifteen your policy and intergovernmental affairs committee forty five zero to recommend the approval of the resolution with question conti's congressional delegation to support an amendment to the united states constitution to permit congress and the states to regulate the influence of a corporate power on the political system through other colonies councils in hawaii and the state legislature have adopted similar resolutions if the revision if the revised proposed resolution is adopted all the legislative bodies in hawaii would have been  on record urging the state congress states congressional delegation to support the constitutional amendment overturning overturning citizens united i respectfully request a copy council consideration on this motion i think mr victory no for his leadership in bringing this subject to the council floor this morning i would tell you that i am in great support because one of the few things that freshman  congressman learn upon entering the district of columbia is two things how to get reelected and how to raise money for the campaign reelections that is interesting that is the fight this thing of what should be their top priorities which is serving their constituents the district and their states but that's the type of reality we deal with street influence in washington d c as well as the power of large super pacs with their ability to raise tremendous amounts of money for a specific point of view i would say mr chairman that at this time i think it is my we county's time to step up and i think we can continue to be with other counties taking a leadership role in expressing that our county this council supports the people's rights before corporate rights thank you thank you mr hotel any further discussion members see none all those in favor of placing the five by saying those opposed say no as your passes with eight eyes zero nose and one excused mr clerk for the record resolution fifteen dash one twenty four you have before you committee report fifteen dash one forty three recommend in the following one that the proposed resolution entitled authorizing the grant and disposition of real property to hawaii health systems corporation for maui memorial medical center be adopted and to mr couch to victory no thank you was the chair at its meeting of september fourteenth two thousand and fifteen your policy intergovernmental affairs committee forty six zero two rick amend the approval of the resolution authorizing the grant of an disposition of two forces of a parcel of real property to the mali regional health a white health system corporation for the molly memorial medical center during the survey process of the master plan the hospital by the hawaii health system corp it was discovered that two portions of a parking lot had encroached into county property and that was being leased by the  walter cameron center the mayor recommended the grant and disposition of the property to the whole white health system corporation at no charge i respectfully request the council's consideration more specific and additional details so that anyone who reads it can have like a sense of what occurred within our committee meetings on pace to it states that are one of our cooperation councils recommended that a transition of north charge so assuming there is a charge someplace and that we're eating the whole costs and so i wish that that would be reported if the counties assuming costs what that costs truly is to be reflective in our decision to have the house system incur no costs he's also the cd by our deputy again that it is the administration's position which i can be a very open to that this needs to be conducted prior to the transfer from the old system to a new operating and management firm what is advantage of that for us if there i would love to have it be declared in the report in stages so we all know what's the advantage of why we do it is higher and why not waiting is not to our advantage for me mr chairman if we talk about the right information on our reports so everybody knows why we taking a certain decision whether that i support it i find it interesting again that there are no old plans to justify this construction unfriend it interesting that it was done on government land and again just you for notice that in this type of corrections mr chairman we should make sure that we clean up all of these others  what i would call trouble pass it needs to be rectified in the sunlight so thank you so much thank you any further discussion members see none and all those in favor please signify by saying  those opposed say no as you pass it with eight eyes zero nose and one excused mr clerk for the record resolution fifteen deshawn twenty five you have before you from your water resources committee the following committee report committee report fifteen dash one forty four recommend in the following one that the proposed resolution untitled approving the acquisition of four point three one eight seven nine acres identified as tax map keys to three dash five deaths to zero zero one zero six seven portion two september sixteenth twenty fifteen your water resources committee voted five zero to recommend approval of the resolution to approve three agreements with r c f c k hold on a l o c for the counties acquisition of facilitate the expansion of the water treatment facility and development of light to cool well one approval of the agreements will help increase production at the existing l surface water treatment then from one point five million gallons per day to three point two million gallons per day within approximately two years i respectfully request my colleagues full support of the motion thank you thank you m  can be changed over with normal hopefully with normal adverse effect to the community especially since the vast majority of central insult malise water sources come from th method but also by on the ground that thank you resolution fifteen dash one twenty six mr chair proceeding with kind of communications you had before you kind of communication fifteen dash to forty three the director of finance transmitting to the council eighty three contracts and grants for august two thousand and fifteen make their requests known so at this time i am going to omit from the motion to file contract c five eight zero six committee on the contracts list seen none in the clarification needed on mr okama as motion see none of those in favor please  state association of counties legislative package a state bill to allow persons with disabilities to indicate on their identification cards their disability miss cochran thank you chair i move to postpone action on these bills until the which will be on policy interview intergovernmental affairs committee meeting agenda on monday october twelfth so i would like to allow for meaningful discussion among ourselves the members before the october sixteenth full thank you mr court you have before you kind of communication fifteen to forty seven from counsel chair white transmitting to the county clerk a proposed resolution entitled establishing a special committee on county governance and with a certain from mr victory no risk of oh thank you chair without objections and at the request of chair white may i please request the resolution to be read in its entirety so everyone understands its purpose toward establishing a special committee on county governance where as the residents of my we can't expect our elected officials to strive to operate the county government at the highest level of efficiency and professionalism and as stated in the preamble to the counties governing document the revised charter of the county of one thousand nine hundred three as amended the people of the county of maui wish to secure the benefits of the best possible form of county government and whereas charter section three dash nine states it is declared to be the policy of the county to promote economy efficiency and improve service in the transaction of the public business in the legislative and executive branches of the county by one limit limiting expenditures to the lowest amount consistent with official performance of essential services activities and functions to eliminating duplication and overlapping of services activities and functions three consolidating services activities and functions of a similar nature for abolishing services activities and functions not necessary to the fish and conduct of government and whereas the maui county general plan emphasizes the importance of striving for good governance and whereas the county wide policy planning page seventy eight establishes the goal for government services to be transparent effective efficient and responsive to the needs of residents with the objective to strengthen governmental planning cordon nation consensus building and decision making and whereas an implementing action associated with the good governance goals in the country wide policy plan is to evaluate and if necessary recommend modifications to the county charter that could result in a possible change to the form of governance from our county and whereas the two thousand and eleven to two thousand and twelve molly county charter commission revised final report to the county clerk june twenty fifth two thousand and twelve at page thirty nine stated the commission recommends that a task force be established to thoroughly review the structure of the country of mali government government research other models of county governments and prepare a report and whereas as used in this resolution county manager form of government refers to any form of government governance in which a professional manager is appointed to oversee municipalities administrat operations and implement policies established by the municipalities elect a legislative body including forms of governance sometimes known as council manager and city manager and or as since one nine hundred sixty nine county has had a  government and where as according to the summer two thousand and thirteen edition of the harvard law and policy review the most common form of municipal government in the united states is the county manager form of government and whereas in a county manager form of government the county manager usually has extensive professional experience expertise and the relevant advanced degrees such as a masters of public administration or masters of business administration and or as a june two thousand and fifteen research report by the national association of counties entitled an overview of county administration concluded a county manager form of government can promote efficiency and sure county provide quality services to their residents and keep countries resilient in the face of unexpected changes and whereas changing from a council mayor form of government to a county manager form of government would require an amendment to the charter and whereas charter section fourteen dash one subsection one provides that charter members may be initiated initiated by resolution of the council adopted after two readings and passed by a vote of six or more council members and whereas the council from time to time has established special committees to provide guidance on specific policy issues and whereas the council would benefit from the guidance of such a special committee and the nature of a blue ribbon commission composed of a steamed community leaders on the questions of a whether the council should initiate a charter moment to establish a county manager form of government and b if so how the charter amendment should be structured now therefore be resolved by the council of the county of maui one that the special committee on county governance special committee is a stablish from the date of this resolutions adoption for a term of one hundred eighty days two that the objective of the special committee is to consider and make written recommendations to the council on whether the county manager form of government and if so how the form should be structured three that for procedural and logistical purposes the special committee shall generally function as if it were a standing committee of the council and subject to the rules of the council for that the council chamber should be made available for use by the special committee five that the council chair self's shall select the membership of the special committee and in selecting the membership the council chair shall give due consideration to geographic and other forms of diversity existing among my  country's residents and appoint voting members as indicated in section six below six that the special committee should be composed of nine voting members who are county residents such as the following a current or former elected officials at the county state or federal level be current or former officers of the county of maui including former members of the charter commission or see members of the public with special expertise interest or experience of municipal government public administration or business administration and seven that certified copies of this resolution be transmitted to the mare the council chair the corporation council the county clerk and the director of council services thank you mr clerk discover low thank you chair as stated in the resolution there are many reasons why it is appropriate to evaluate whether our county government is as effective and efficient as possible the formation of this committee will also allow the council to capitalize on the knowledge of community members why also obtaining assistance in researching and analyzing this complex issue i believe this group has a relatively short period of time for their work which is why this needs to get moving quickly it is also prudent that we also leave enough time for the council to appropriately review its findings finally it is my feeling that without the due diligence that is being done by this committee it would take the council a substantial provide a little bit of additional context to this the notes that the chair appoint and the reason for that is that i think it's it's got a it's going to happen relatively quickly and my plan is the president passes today to bring back a slate of proposed members of this commission this committee for the october sixteenth meeting i would happy to take take everybody's recommendations as to individuals from the community that that our members would like to see take part in this and then bring that back u on the sixteenth my intention is also to name two to three members from the council as members of this special committee and i'm open to suggestions if you have any there as well the other thing that i think is important for us to do with this committee is to name call if you're not one of the two or three that is on the committee th all the remainder of the council will be named as non voting members that allows all of us that are not on the committee to attend the sessions about their being a  sunshine law violation so that is the context within which this was drafted and the context within which i will proceed if the if this measure passes out again i think it's important to point out that this simply allows for a discussion which i think is a responsible thing for for us to do and is not a vote for or against a change of government or on a  specific charter amendment this review may result in a recommendation of no change this review may result in a recommendation of a county manager form of government with mare there are all kind of believe there's somewhere in the neighborhood of one hundred forty or so different forms so the focus of this resume is simply to start the discussion to take a look at the various  forms of county manager or county other types of county governance and decide whether or not one of them is good enough for us to put forth as a budget amendment i'm not budget amendment trying to charter thank you and i also would note that the committee's work will come back to the council once again and  and go through the process so with that i see mr couch raising his hand to comment mr couch well ok i thought the second or was going to do so yet mr chair i am fully support of getting a committee committee to do deal with this my biggest concern is the need for rushing it through this is something that's go if something were to happen it's a complete charter change it's not just one section of the charter it's the whole charter and potentially a way state statute as well potentially so to rush it through might be i don't know that's a prudent thing to do it that being said if we decide to go through past this now i also have a concern that chance to discuss it that's what i just mentioned is that i'm willing to bring the slate back to council as a result so it would it would be with the approval so i don't think we need to change that i understand what is before us and so for me i'm in a quandary because the rule regarding referral is something i had insisted in one thousand nine hundred because council did not have a requirement  referral of subject matter that i thought needed to go through a process especially for public review and public comment opportunities i think it's a healthy review on our part it's something chartered lists as part of their responsibilities in their annual review especially ofr ensure requests so i think this is time to but i don't see why this doesn't sure that's my position so i'm going to vote no on the motion because i think this needs to go to a committee i think the committee needs to give ereka mandation to the chairman and the council on what it expects regarding this subject matter my colleague on the far right of me continually always is consistent on doing kmita work at council i would agree with him on this at this time and so i'm going to vote no thank you the chair would just point out that special committees have been formed at the council level before and the council rules do not require  referral to a committee for the formation of a committee mr chair point of order for a second i realize you know you're chairing the this meeting but this is one of  your proposals i'm wondering if you it would be a situation where you would sit down over here so you can discuss it more because at the chair technically it's not supposed to be debated from the chair si well i've certainly heard all you do that i'll try to i'll try to button my lip as you are mr victory no tend to have already been mentioned and i have the concerns that mr hook come on has about referral to a committee i also share some concerns about rushing such a huge  change however i understand and i want everybody to know that i have no problem with looking at this this might be a better or better way for us to govern ourselves i don't really know i haven't looked into it heard a few things good and bad and so my mind is you're open to having somebody or some group really take a good look at this but there's a couple of things that i need settled in my mind and you took care of one of them by staying  also mr coach mentioned bringing the recommendations back to us for confirmation and that settles one of my concerns the other is i'm aware of of course council of written opinion on this and i'd like mr if possible if she could share that with us i think it's important to do that mr khushi and we have copies available  let's take a quick recess chair white's request of our office to sign off on this resolution the resolution that was submitted to our office is the one that you know binder as you note the one in your binder there's no place for us to sign off because to your roots as existing you can create standing committees and subcommittees but there's no provisions for appointment of council members to these committees as i read it  with the sunshine law to however as just and it all to me in the past there were some special blue ribbon committees example on youth center center fundings affordable housing childcare s s i may have been there i mean i have not but i don't recall the creation of these subcommittees and i don't know the details of these things but again i stand by we do provide an alternative in my memoir in lieu of a stay in the committee of nonmembers establish a temporary interactive group of members only and nonmembers could be but again this is just an alternative however of being informed and reviewing your rules as i understand it and maybe causal services me chime in on this but there are ways you could get around  but you need to first we have your rules on standing committees of members only once you do that then you can refer to robert's rules in that rule roberts rules and there is a provision where the here basically says it's up to the chair so you need to amend nsel services provide their perspective on this because it it seems clear to us that there's a difference of opinion that the chair also a little bit concerned about establishing a temporary investigative group because that eliminates the ability for non council members to participate other than as a resource people  don't think it provides the same level of flexibility or inclusiveness that the special committee provides  cited it appears to us that robert's rules as is the default when the rules are silent or or don't address a particular issue so you might question whether you actually need to wa rules before you cite that roberts provision that it was referenced that has appeared authorize the body to establish standing or a special committee is composed of both members of the body and members and that that's a provision that that we had looked at that appeared to us to be counsel could decide justifies this action have to be council members so i'm just trying to figure out where that was where you guys got that assembly members otherwise the rules won't cover any tom dick and harry ok now i understand where that were recovered from and i thank you for the the challenge that we face here is that we clearly have on this list six precedents where we have had none council members included in special committees and other committees i think this body has continually stated its in its focus on inclusiveness and i think we've done so  for good reason and i think we should continue to do so for good reason mr okama chairman so we can get back to the main motion of and the as the body i would say we need to decide whether or not why we want to bring this up now and if it is procedures we can institute to make it happen jim and i would agree with coo she's comment whether he wants to regarding the sign off on that as it currently states within the rules of our current procedure unless we make a decision to waive the rules which is an option of this body and that is something i would see i would defend up bodies right to establish this committee because i would refer to quote two components that i always assume a purse one is under powers of council without limit petion of the foregoing grant or of other parties given by the charter again without limit petion is how the charter starts off with our powers you look at over all forty six counties power prohibited and this is not is within the purview of this body to make a decision to allow it because it has not either it has not been prohibited by charter or stealing oh and so we have two components for the right for this body to exercise its authority but we need to do it within the procedures and i think that is the concern of corporation go make sure that we can defend our action the current rules do not allow a chairman though i understand it and so i don't have a problem entertain a motion to waive the rules and depends on the body's desire if you truly want to waive all rules and make it just by of the county council will come back to order thank you for their recess members the the chairs feeling at this point is rather than to get into waiver of the rules which which we could do but i think if i'm getting the sense of the body's feelings the sense is that you all would prefer that it go to committee mr victory you know has assured me that he will make it a priority to schedule it and in the meantime i would appreciate your input as to who you would like to have on the committee and we will put to have been set up in the past as a way we should be able to set them up right and it may be appropriate for us to draft a change in the rules so that we have the ability to do this without having to use the it as much time as possible but the other question is from us you want the representative we want from our district or a whole slate well we want i want to have it as representative as it can be geographically and otherwise but what do you want from front of each and every time but i would i would like you to do is provide me with suggestions not necessarily from from your district but people that you feel have the background to be a very productive and helpful member of the of the committee ok great this is you know part of this part of this process is to try to take the politics out of politics and so i'd like to have recommendations that focus on people's ability to look at the situation some of those people are going to be people who have been in government been in county government because they see it from the chair proceeding with kind of communications for you for all the following kind of communications are recommended for referral to the following committees as noted to your budget and finance committee kind of communication fifteen dash to forty eight from council member carol directors quarterly report for the fiscal year july first two thousand and fourteen to june thirtieth two thousand and fifteen as of june thirtieth two thousand and fifteen and the capital improvement project as of june thirtieth two thousand and fifteen kind of communication fifteen to fifty from the director of finance committee kind of communication fifteen to fifty two from council member covello transmitting to the council chair the matter relating to building affordable homes to your planning committee kind of communication fifteen to fifty three from the planning director transmitting to the council a propose resolution untitled adopting country town design guidelines for the area to your policy and intergovernmental affairs committee kind of communication fifteen dash to fifty four from council chair white transmitting to the county clerk the matter relating to the state of hawaii's transit accommodations tax kind of communication fifteen dash to fifty five from presiding officer pro tem victory no transmitting to the council chair a proposed bill entitled a bill for an ordinance amending chapters eight point two zero and thirteen point zero four molly county code relating to those in favor of policing the fire by saying i mean those opposed say no is your passes with eight eyes zero knows what excused mr clerk you have before you bill number seventy two thousand and fifteen and titled a bill for an ordinance amending chapter fourteen point thirteen second the motion of a motion for missed by sen a second for mr victory you know this by so thank you chair the bill provides that applicants on the up country priority this to have been offered water meters from the department of water supply and are able to connect to the existing water system still not be required to make further infrastructure improvements for fire protection or street upgrades subject to certain conditions your committee has sought solutions to assist applicants on the up country priority us to get water meters so they may build a home on their property for themselves or their family but very time this bill will help some of those families i thank everyone that has been involved in the creation and passage of this very departments put a lot of time in effort to make sure that this team to fruition this is one step in the right direction it's not the final step much more needs to be done but i think this is a very positive step something we have worked on for many many many years and misplaced and those that it's been a goal of always since we walked in disconsolate chair chambers i should say to get the water meter list started and one day completed and so at least this will also  opportunity so i want to thank miss by so and the committee did agencies that were involved for all their hard work and getting this finalized and again i hope this will help many of these families who have waited dick each for their water meter going so we should all your hard work terry like to thank you very much and mr victor you know for those kind comments but you know i'm just one of the people that has been involved in making this happen but i wanted to you how happy i am to have gotten feedback from people who are already lining up and excited and waiting for this to pest to day because they intend to and will benefit and for me that's the proof of the putting and it's been really exciting to have these folks contact me and come and see me so thank you very much very nice to hear any further discussions say none of those in favor please signify by saying i by those opposed say no as your passes with eight eyes zero nose and one excused thank you mr kurtz researcher there is no further business before the council thank you very much thank you members and staff and with that we are adjourn