opening remarks from robert dunn coach figures to chair and members we've just passed a time of thanksgiving with the thanksgiving holidays and we're heading into the rest of the holiday season and it's it's a time that we have spent with families and we'll be spending with families i want to talk a little bit about families and i wanted to also say that we here by just the fact that we're brought together for a specific purpose our family maybe not by blood but we are a family including the staff on the seventh and eighth floor we also have our quirks just like any other family but  we all have i have no doubt we all want what's best for all of maui county i have no doubt in my mind that everybody in their heart says this is what i think is best for maui county but just like any family we have different ideas on how that works and i'm proud to be part of this family even though we sometimes don't see eye to eye i also want to bring up a point that when a member of this family grieves we all grief our sympathies go out to one of ours who  relaxing which is you know i was able to go to my family in oregon and relax just not have a worry i actually put on the special meeting just for a little while  internet gave out with i hope i hope we all remember and continue to remember that we all are working to keep  county no oh everybody and merry christmas and happy holidays thank you mr couch and we all please rise and join me in the pledge of allegiance the visions and whereas the exceptional performances dedication and determination of the students of he have brought much pride and honor to the people of the county of maui now therefore be resolved by the council of the county of maui one that is here by congratulates he for its achievements at the fortieth annual queen competition and to that certified copies of this resolution be transmitted to it just seems like just yesterday we were here honoring the media he her it is for winning of being the winners of the thirty ninth annual kiki competition and they're back again this year a real tribute not only to their dedication to the community and to their students but really their dedication to the culture the whole sculpture  because they dedicate themselves not only to what they do with the in the community but also to their jobs and i really am appreciative of what they do to our two winners for the years of dedication they have so set forth el i remember seeing them as i was doing some meetings there at yale school eat out he would take these boys outside on the grass and they would practice out on the grass because that's the only area they had to practice that is why my hope one day is to have some facility for all of the hols to be able to practice so that they can even better themselves with all that being said molly again i for what they do because like everything else it takes a village to raise a child it takes all of us contributing to make sure that they're successful they put in the hard work they put in the dedication we put in the money in the effort to get them there and so i'm proud to say that again stall today in the world off will and i think we will now as we go on to the mary monica and others stand tall and really be a force in do my daughter was part of the hollow out years ago and i remember having to having her walk up to the mountains and pick flowers so not only are they instilling in teaching the kids the skills but they're really looking at him and  looking at teaching them the the true culture of so i appreciate that and i wish them very much success in the future thank you thank you any further discussion common here is becoming like we almost expect this every time now because so many of our maui county people are outstanding however this group we've had the opportunity to watch and we've seen them get together and fun from their end when year after year and do all these wonderful things and so i want to offer my congratulations and thanks to them for their commitment to what they're doing this is not an easy thing to do not easy for the kumu not easy for the students and the families everybody could get him i have the dancers in my office and i listen to all of the heartache that goes on with them being able to get to practice and look for the rate flowers in the  and i can remember back when well i should say that not only have they won the competitions on a lot but they have won numerous  because how nonie was either the winner of our first hulloa keiki or our second two alona katie so she has returned as a kumu hula and has continued to win year after year with so it it's really fun to watch generation from generation and the dedication that the parents have of the has as matched and possibly even exceeded by they would like to perform after seeing mahalo they like to perform in one dance each if that would be a lot that's certainly a lot thank you very much shot objections i don't think we'll find any objection i have a resolution for you and you will get copies but i will give this to you now and feet i am so proud to see in your growing up and you know you're just as beautiful as your mother i'm glad you took your looks from your mother her love and we send our love from hello ok cool to all of you yes it does seem like just yesterday we were here you know it is a blessing for us to competition it brings us much pride and humility at the same time too to know that we come from this i know that we represent the people here that yes the village the village of wee county has allowed us to do the things that we we love to do so to the people of modi to all of you we appreciate just everything that has been done for us all the sacrifices that have been done for us by my wife and i just learned we heard someone speak about the word mahalo thanks and this precious shared with us that mahalo is more than just a word it's a state of being when you are mahalo you in that state of being mahalo thanks of the exhilaration and the nervousness of being a parent of a instinct of being a parent it really just rang so strongly on that thursday night when these two competed and they dance their heart out we feel like these two k k r r r r r kids one is here biologically and one is in our hearts and all the work that they put in and for all the kids they just dedicate themselves in love the hula in a state of my hollow state of being in appreciation of things and we thank you all of you you know as as a parent much in my daughter dance was such an amazing experience my wife and i were in the back when they were announcing the awards and again that parent instinct took over we were no longer cool hula we were parents and with that came just extreme nervousness and i looked at my daughter she was so confident and so calm she looked at me and she said dad whatever happens when or lose if i am happy and i thought to myself ok who's the adult here because i was really freaking out but my daughter danced a malay beauty that i wrote several years ago from my from my grandmother and i think we all can agree that the bond between a grandparent and a grandchild maybe is a lot stronger than even a parent and a child something's yeah my grand mother i want to say this she was the best grandmother the most beautiful thank you thank you very much and thank you very much fate you remind me so much of your mother my god am i not correct mr white doing that amazing thank you very much holidays and may you continue with your success god bless you all thank you thank you mr chair thank you cultures mention we've lost one of our own her mother passed away the day before yesterday and we're sorry and we send our condolences but more importantly this country in this world has been hit again by terrorists who are trying to change our lifestyle san bernadino has become another terrorist site pretty much all the evidence is pointing towards that at this point and i'd like to take a moment of silence to pray for the fourteen individuals whose families discreet smears and this holiday season will be missing them more importantly we need in the united states state of one county of our resolve not to give in to these people we are not going to buckle and we will be resolved to continue our fight to make our way of life the best it can be so with your permission i'd like to ask for a moment of silence for those lost their lives in san bernardino thank you locations is limited to the items listed on today's agenda pursuant to the rules of the counsel is justifier may be allowed to testify for up to three minutes when testifying please state your name and the name of any organization you represent homologous please identify who signed up to testify in the council chamber the first person to testify in the chamber is there and strand testifying on committee report fifteen dash one sixty five he'll be followed by genes are the current park is a shining example of how committing resources to commercial production can lead to continued success you can pretty much go into any grocery or home retailer and see broadly cabbage potted plants onions flowers fruits and so much more that is grown right there in our own a part it just makes intuitive sense to seek a way to duplicate success we hear a lot about  as it is the population center in the in the largest marketplace but it is important not to forget about the neighbor highlands when targeting agriculture investments in the future well now we're going to farm bureau strongly supports major fifteen dash one six five to expand the park we do have concerns that connecting the expansion with access to reliable and affordable water there is concern among current tenants this expansion will put their ninety one will be followed by jonathan star working on a project for the last nearly twenty years and that is not only the establishment of he charter school but a permanent home for a charter school south maui learning ohana has secured guaranteed funding from the u a in the amount of seventeen point seven million dollars this is these funds are very favorable forty year mortgage at three and a half percent however u s d a prefers to operate  through interim financing so that they do not have to deal with the impacts of doing draw schedules and things like that they would prefer that be done by a secondary in term financing arrangements and then at the end of that the guaranteed funds take out the interim financing and the keys are turned over to south now we learning ohana so what's before you today is a resolution that would allow the wisconsin public facilities authority to issue seventeen point seven million dollars worth of interim financing bonds at two percent interest which will save south now learning ohana about one hundred fifty thousand dollars in carrying costs once this resolution is approved and if it is approved that's when the real work begins that's when the bonding agencies start getting  the paperwork together to issue this sponsor there's another six weeks to two months worth of work that will follow the eventual hopefully approval of this resolution so why is this resolution before you today the resolution is before you today even though there is no obligation whatsoever on the county of mally this is all guaranteed by the u s d a the resolution is that requires the wisconsin authority to approve of this as well as the governing authority where the project is going to be built so in other words even if this were  let's say there was a legal project that could be built but they need it in terms of financing and you as a council did not want this project to be built you could vote against the interim financing in wisconsin would walk away from the from enabling that organization so there's no obligation on the county of maui to go ahead and approve this resolution the patient is totally on the u s d a and south maui learning ohana the other important point to recognize is that the there are no vehicles in this state of hawaii to allow a nonprofit in support of a charter school to have this opportunity we are very fortunate that wisconsin is able to do this for non profits in the whole whitely but one of the other legal things that needed to be done was a notice a public hearing needed to be published for a minimum of fourteen days we published it for fifteen days and i believe that came to a conclusion yesterday or today for four minutes so that's testify is jonathan starr testifying on committee report fifteen dash one seventy one following jonathan starr will be held in nielsen good morning council members hadley holiday's my name is jonathan star i'm here to testify on fifteen one seventy one which is the government special governance committee and i look at this as an opportunity that comes one sent our civic lives and it's something that should be both inspirational and aspirational it is not in process that is there to criticize anyone or even the functions of our government which for the most part it's really excellent and as with any other excellent system we have to strive to improve it and learn and find better ways to go it or realize that what we're doing is a bad it's possible so that the ability to really examine our governance and see what we could do to improve it and hopefully be able to help her the an organization through a very complex process is a is a real exciting opportunity and doing a bit of research i found that i have a lot less fear of this thing than i initially did because there are a lot of great resources and there are some really wonderful organizations that have worked on this type of thing and have many resources available to us one example for example one example is a national survey clee which has been around for one hundred years was founded by chief justice brandeis and teddy roosevelt and other notables in philadelphia when they decided to create a conference an organization on how best to do government they have a guide to charter commissions which seems like a perfect roadmap not for creating anything specific but for how to function how to create the function of examining what would be the best for a community and there were a lot of models about two thirds of municipal governments now use a different system than we do and that that has been rising number and the move  toward professional management is a very steady steady thing but there have to be benchmarks there has to be a process a system it has to be legal and this committee will have to work like crazy to come up with a framework we'll have to work at the best help we can from staff and i are our legal team and will probably have to have committees and i really hope that all the members are able to put in the time and really put in their thinking processes to work together as a team to get it done and if that happens it should be a wonderful opportunity for all of us to see if we can do  do better and manage our man we know it which we love so much in the best possible way so thank you for letting me potentially participate in this thank you very much mr i mean need for clarification members my name is helen nielsen i'm here on the same topic as jonathan i'm just here to speak in favor of this resolution i think it's a good thing to examine with no judgment on on how the outcome be but i'd like to commend the council members for choosing such a stellar group of people from across the community and i really wish them well and hope that you will vote in favor of this fifteen dash two ninety one kind of communication fifteen dash to ninety six committee reports fifteen dash one sixty six and fifteen dash one seventy one and bill seventy nine two thousand and fifteen he'll be followed by paul jones brown mayor's a letter to riches i believe it's communication fifteen to nine six and in this weather you are transmitted number of proposed bills by the mayor he knows nothing about managing homeless facilities dealing with people on the streets he probably plays a good poker bridge and chess but he is not a person to bring to you from an office legislation in our structure that should come from a director but he brings you a bill and the substance of which is to say that these are issues of conduct homelessness is an issue of conduct so you have to talk about aggressive begging you have to talk about taking somebody's scart all this kind of stuff into legislation it's ridiculous the issue is shelter shelter shelter shelter not homelessness or poverty or any of that stuff but when you go into that you throw up a screen you throw up a bias a status a system in which the more wealth you have means you're a better person because it took more commitment to get it but that's not the issue with homelessness and the mare brings you this letter to fulfill his wish that you follow his dictates on how to solve  and that's not the structure we live in and that's the structure that is being dismantled and we want to hold on to that structure so i would ask you to please send a letter back to the mayor and ask them to send ordinances from the people who know something about what they're doing or file the letter but certainly don't waste any time seeking further information from director's when that was his job his job was to take from the director of policy that would help the director and approve if he thought that this was right financially ok he didn't do something that's very troubling on november eighteenth a public notice was filed in the mali news regarding the expenditure of fifteen million dollars nineteen million dollars it said that the council was going to hold a public hearing on this matter ok it was published two days before mr couch transmitted his communication that can't contain the resolution so who wrote the resolution and who paid for the resolution and who paid for the ad and is this a gift to the company or is this something that doesn't exist except your imagination but we're going to act on a county communication and say it is a public hearing because we can't well we have a charter provision and i think it's thirteen to dash eleven which says when the council is required to hold a public hearing they will notice a public hearing and they didn't you didn't you're not even aware of where it came from it's a mess it really is a mess i ask you not to toy with it not to do a magnificent bring it out on the floor and act on it because i don't have documents attached to anything that tells me about the architecture that tells me about the funding in order to give testimony at a public hearing which has not been called now the problem is this council may not care and that is a political ideology that's not feel good doing right for the county that's some of the thing that's a political ideology that says let's focus on results we live in a constantly changing world we can fix it next time ok so let's just throw our votes out and act that's an ideology that's you if you proceed in that way it's not a structure in which there's this and peace and love and all those kind of things for all ha not all of that ok has to do with personal family not here this is common this is the guy who's out there who is not a part of the on t you for good knowledge so i would ask you to file this communication or send it to the policy committee and investigate what is going on who is ruling the council or some nonprofit organization that has the books wants to put in a private high school with funding from a public resource west consonant h we don't need the state of hawaii send it packing until we have a public hearing i want to be at that public hearing but there is not because you don't have to this is the ideology you don't have to thank you sharpton for that i extended my time on that issue the next thing is and this is this is going along with this ideology and political things that we have to consider and that is one five one six two says it's cumbersome and we want to have flexibility and we want to decrease the number of variance is what you know a variance affects the people next door do you know that the people in my loop who had  stadium going to be built next to them if this bill were in place they'd lose the option of going to a very uncertain move that kind of an option because it felt good because you were doing what you thought was good for the community so we're going to let it go because the guy who's a communicator is now that the rector of parks and he finds the existing ordinance burden some are cumbersome and he wants you to change it and yes now to when you change it crazy why did you have that bill to update the existing code that is so on because it is cumbersome to the communicators director that is so unnecessary this is ideology this is not structure this is you if you go that way and i ask you not to go that way on this bill i ask you to recommit and i this stuff out because your committee reports are like two pages you don't know when you're read that whether you've been sold a product or you understand what happened ok and that's sad to me so i ask you take that bill and bring it back to committee and find out how it applies to next door neighbors who don't want a football stadium or an entertainment venue next door that doesn't need a variance because it's cumbersome hot and this is the chamber this is being deliberated in so please please show oversight that ends my testimony on bill seventy nine the next bill and development energy and i got cultural recreation community and i've spoken to members about this briefly and i'm saying you know what the executive failed they didn't do  two of five they were supposed to do an end before additional permits were issued and they didn't do it and they didn't do it in zero six zero seven zero eight zero nine ten eleven and now here come forward with a bill that repeals it so that the notion that i need a what's required the substantive reasoning for that is not taken into consideration the fact that there's been a dereliction of the executive branch has become a dereliction of the legislative branch has become why are you doing this because it's good for the community ha common knowledge right or wrong it's easy if it's done right to do what you want the hard part is doing it right so that everyone can see it the easy part is to get an attorney to change the word ok from public hearing capital to small p letting you do whatever you want when you want and that's a different structure of government and that's what you're being put up against every work at all because there was a presumption that the impact upon local people would be real and you wanted to know how real an executive didn't do anything and the legislative didn't do anything and here we are repealing it ridiculous please step up send this bill back if you can't i can be a little aggressive i'm sorry i don't mean any offense   this is this is an interesting moment in our culture if anybody wants to change the structure of our government they can do a petition they don't need to come here you guys don't need to study is there any of that stuff they can do it but they bring you in because the odds are better that if you send it out ok it will get adopted now there are a couple problems with this meant think about the substance of the resolution and that is an ideology that is a focus of results that's a constantly changing world that's the consequence is here today of that effort to change our structure the problem is not the structure at all it's people don't like the idea of government and so you're going to change remove the principle which is democrat republican you're going to make a  nonpartisan and you're going to you're going to do all of these things oh boy during the question do you want government the answer is no nobody wants government this government is common to all and this government is the best of all and this is the government they want to change they want to take away ok on the presumption that the legislative is not the problem and there's been no study so if this resolution is passed i don't think it will but i'm assuming it is passed ok i would ask that number one you remove the word is steam ok and number two change the subject it's to analyze the existing performance of government in comparison to any other government not a foregone conclusion that somehow this manager or college so form is anything and it really is you could have a minister or auditor there's a lot of different and somehow you got the idea that this was the thing to do and you got it because guys with status and eminent guys came up here and told you and i'm sorry and let them study the question of whether or not the legislative branch is as responsible as the executive and whether we should do away with but not that's a solution to some people establishment of this committee which represents our best to look into the efficacy of the council manager structure for our future is a momentous step years from now this day december and fifteen will be looked back to as an historic and auspice day when we made the first move to the professionalization a management of our county government i am confident when this special committee looks at what other similar counties are doing regarding professional management and delivery of services they will recommend a change in our charter from our current may oral form to a professional county manager and council form i don't need to tell you the complexity of the county organization you know the county is the largest employer with the biggest budget in fact our budget works out to two million dollars a day or twelve hundred twelve dollars and fifty cents per person for every man woman and child in this county per day we need to have the conversation we need to look at what can be this is not about the current administration this is about the future the job of the county simply put is service delivery in accordance with ordinances adopted by the council the chief executive officer of this complex organization needs to understand and be able to lead a qualified experienced seasoned team that practices the most contemporary management techniques in concert with technology to do the best job possible for people of maui county this will mean job descriptions for department heads the opportunity for someone who has worked in the county government to to head that department on merit and not merely on who their friends are it will mean an end to the unfortunate antipathy between the executive in the council and it will mean less featherbedding and a more economical budget the involvement of the cost of government commission will provide the dollars and cents part of the equation and the special committee will look at not only what is working elsewhere but what the downside byt be they will return with a report of their findings and i hope and trust that you will agree with their recommendation this is an exciting day and it is going to be an eye opening time my hope is that the people of maui county will watch the committee's progress learn a lot along with the committee about how this may or may not serve the best interests of bow and its people we need to have the conversation mahalo louis new low for what you are about to do an dash one sixty nine he'll be followed by patricia could is good morning chair and council members morning i'm here to ask for your support in granting an  across mallone street and another county on parcel and i'm here momentarily to answer questions anyone might have its here when he introduced himself so i i'll i'm sorry yeah  orders you know last time i testified at the committee i thought i was going to be comfortable with it but i've gone back and listened to the things that were said by mr prince waco and i'm actually not as comfortable s i don't think it's necessary to do this action right now and the committee touched on that idea and then decided to go ahead and do it anyway but then going back and thinking about it more it's apparently a first step towards doing something that we're not clear on the details of yet that's the changes that affect or to be finished according to deputy director in two to four months it was we were told that we need to do this in order to do that but we don't know what that is yet so i'm not really comfortable taking step one until we know what step two is and then i did go back and look at the testimony more carefully to make sure you heard correctly waco said the main reason he wanted to make the change is that there were people that had been waiting to get permits and he didn't want to require them to get any and then he winced went on and said later i don't know how many there are two to five maybe three to five we may not even give them out so if the main reason is to give them out and they may not even give them out and it's going to be going to be two to four more months until we see what step two is i would just be more comfortable doing it all at once so that we see where we're going i just feel like there might be something else that this triggers and i was also uncomfortable when i saw that mystery yoko said removing section seven the permits will expire under five to four so that that history of the permits being the permit holder is being sort of exempt from the need for an e a because they are an existing impact not a new impact that goes away with that the lesion of section seven and even though he gave us plenty of pressure and says that he had no ill intent if it's taken out of the out of the code i'm just not as comfortable as i was last time i spoke before the committee and then he also mentioned if we sessions in the future and i feel like if that's where he's headed we need to know what that looks like and i'm all for exploring the good intent that i'm sure he has that concessions might be a way to get more money to make the parks better i know that that's a goal of the parks committee and i'm all for that but i feel like we need to decide with all facts on the table and the last time this body invented the idea of concessions they decided it was not a good idea and it's not just about money there are other things the fifteen one sixty nine about hooking up hospice my way to the county's waste water system and that's something that's going to be helpful for the whole of the maui community not just given maui county code and again that's countywide application of something that could be very very helpful i strongly support both of those well they're on to kind of communication fifteen dash to eight i'd like to read that budget and finance committee chaired transmitting a proposed bill entitled a bill for an ordinance amending ordinance number four one two eight which was from twenty four da authorizing the mayor of the county of maui to enter into intergovernmental agreements for loans from the state of hawaii's drinking water treatment revolving fund for the area's water projects fiscal year two thousand and fifteen budget ordinance keeping and nine were already halfway through this fiscal year this is proposing loans that have to be paid back by the taxpayers we are already sky high when this talks about water sources it doesn't identify what they are and i haven't had a chance to go over the particular ones for this gives me a number fifteen to eighty eight but i'm nervous about that because i haven't seen anything in all the rest of the thousands of pages that are bred on those that are talking about water sources we're talking about treating the water that we fouled we're not talking about what are we doing in a huge variety or in some cases almost any variety is that all depending on the geography as to what are the sources we're living surrounded by water will living with aquifers under us and we're not having houses spilt and it seems to all be focused on the house and i just think we need to note that housing without plumbing since is no healthy water to go through the plumbing would not accommodate the whole community in fact the big question is who is it that would be benefiting from that we need to get ahold of that water on our own here on maui rather than accumulating debts from the state and that some of that comes from the fed to begin with to everybody else making up for the mess that we've made in some cases so there are people out there that are trained to be able to handle the science that has evolved since we've known from way back when that we needed with our increasing population to have more water or water to drink more water for bathing more water to accommodate the agricultural stuff that goes on so we have little niches of that but as far as accommodating our workforce people our seniors are keiki i mean the whole family of mali where is that you've been supposedly pursuing a not well enough please make sure that this is so david boren testifying on committee report fifteen dash one sixty six he'll be followed by steve perkins the council members and chair my name is david dawn i'm a beach lover and i'm a professional was what instructor thank you for this opportunity to testify we are against the deletion of six and seven in three one four three and this is in relation to communication fifteen one sixty six section seven county prevents the over issuance of korra permits by requiring an e a for new permits this was the deliberate intention of the previous council and the previous administration this mechanism was put into place based on years of public discussion community meetings industry testimony and council interactions decision to create the specific section of the audience of the audience was not on the taken lightly removing section section seven would change the intention of the previous council removing section seven puts absolute power into the hands of one person the parks director he would have absolute unfettered power to revoke change issue an unlimited number of commercial permits to any beach or park facilities without section seven there is no mechanism to ensure that any of the caps are followed and there's no mechanism to ensure that these powers are not abused or accidentally misapplied the parks director has a power to already added new types of permits permitted activities and added new types of categories of permits like food vendors and community instructors permits we may not even issue them he also reminded us that as parks director i have the power to revoke all of the permits at any time which is a little scary the new new corps rules will not be ready for several months for several months deputy director brianne savage said that she is working on the core rule changes and they should be available in three or four months time so we strongly recommend that the proper time to review section seven is when the new rules are written now the purpose will be renewed but things could change confirms that all permits will expire at the end of june which is only six months time finally place to confirming or consolidating his you know assertion that it's not his intention to put existing people out of business and try to renew permits as is this common practice support of agenda item fifteen days to nine one my name is steve perkins and i'm a board member i'm a board member of the charter school and i'm testifying today as an individual i wanted to provide a bit of clarification on a previous testimony that you heard this morning charter school is indeed a public school it is not a private school we currently have where there are no further individuals signed up to testify in the council chamber if there are any additional individuals in the council chamber or the district offices who would like to offer testimony please identify yourself to the appropriate staff and proceed to the testimony elector in our district office conference call at this come back to order mr clerk we will proceed with the agenda with you mr chair relative to the ceremonial resolution that was resolution fifteen dash one forty seven proceeding with minutes you have before you for approval the minutes of proceeding with committee reports you have before you from your budget finance committee the following committee reports committee report fifteen dash one sixty four recommending the following one to the proposed bill entitled a bill for an ordinance amending the fiscal year two thousand and six team budget for the county of maui as it pertains to estimated revenues well community plan area government facilities acquisition of real property at twenty one fifty four code total capital improvement project appropriations and total appropriations operating in capital improvement projects be pass on first reading and be ordered to print two that the proposed building 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 of maui acquisition of her property at twenty one capital improvement project appropriations and total preparations operating capital improvement projects be passed on first reading in the order to print three that the proposed bill entitled a bill for an ordinance amending ordinance number forty two twenty eight bill number thirty five two thousand and fifteen relating to the issuance of bonds of the county of maui cool agricultural park expansion be passed on first reading in the order to print for that the proposed resolution and titled approving the acquisition of one hundred forty eight point three three eight acres for the expansion of the agricultural park be adopted five that the proposed resolution entitled approving the acquisition of two hundred twenty four point eight acres for the expansion of the cool agricultural park be adopted and six that kind of communication fifteen to twenty six be filed i we're property at two one five for a couple who st for the call on zero maui campus expansion project the acquisition will create a project site that comprises contiguous properties and we provide the department of management with more flexibility in designing the project th go she added at one point two million dollars and closing costs are estimated to be additional twenty thousand dollars the administration is proposing to increase the appropriations from the bond fund to cover the acquisition costs and as far as the committee report number parcels total six million dollars the administration to support receiving five million dollars from the state for the acquisition in addition the administration is proposing to increase appropriations from bond fund by one million dollars to cover the remaining acquisition cos rasmussen was able to do a tour up there and so i'm grateful for the department i'm making their time for that and it's a beautiful piece of property looks like a lot of extra land for us to start you know for the expansion the thing that it does i guess bothers me in a sense is that we purchased lands from and this is nothing against anyone but i'm just looking at the limited worry t deed and with reservations and cove tour for any damages or basically abatement of any nuisances on the property and because it was pineapple fields with that pull back plastic everywhere we got the first site tour was with organic section would didn't incorporate any of that but of course the rest of it was in pine as we know and i experiences all through the home the lawyer and wes my especially so these are things that are left there from the previous owners but now it's going to be brought down upon us to be in charge of and if there's any update man or any kind of things we need to do to clean it up per se than that now we're held doing that so i kind of would like maybe in the future for us to look at things of that nature because it costs money it's going to take time energy and effort on the part of the people who are going to be seen and what have you to make this and great for for mean you know particular farming practices so just caught my eye i just want to and we saw the i guess portions of it which was the organic section but the other half was not and so i also agree with any future endeavors to purchase land  look at that thank you thank you any further discussion members seen none all those in favor of these two items policing in five us a and i was opposed say no recreation committee the following committee report committee report fifteen dash one sixty six recommend the following one that the proposed bill entitle a bill for an ordinance amending ordinance number thirty one forty three relating to chapter five point two four county code relating to ocean recreational activity business permits in chapter thirteen point zero for my wee county code relating to recreational area regulations be passed on first reading of the order to print and to that kind of communication fifteen to one eighty to be file two thousand and fifteen and the very first seventy two thousand and fifteen to consider pose a bill to repeal outdated transitional provisions in section seven of the already minutes thirty one forty three and to allow the department of parks and recreation to issue new permits for commercial ocean recreational activity your committee notes ordinance thirty one forty three and acted in two thousand and three established a new permitting system into copter thirteen point zero four are the maori county code administered by the department of parks and recreation and which replaced the old permitting system under chapter five point two four of the maori county code and ministered by the department of finance ordinance thirty two sixty five in acted in two thousand and five modified the environmental assessment requirement to require the county to prepare their environmental assessment and to restrict environmental assessment requirements to businesses that did not have a permit under the old permitting system your committee was informed that no environmental assessment under the new permitting system has been performed resulting in a moratorium on that issuance of new permits for commercial ocean recreational activity the director of parks and recreation brought this measure forward to allow those other than the current permit permit holders to have the opportunity to obtain a permit under chapter thirteen point zero four the hearing the see the written testimony hearing the verbal testimony here today and just getting even on our short break phone calls and messages there is just for me  personally i have an uneasiness in supporting this at this time and again i was not physically present at the committee but i'm trying to gather all the information we have here today and trying to sift through and balance it all out and i just hearing from the actual people who live with these permits and have been doing business for many many years here on our own along our oceans having very doubts about it themselves i just at this time again cannot support it and i would like to see it differed as they're stating and i think vero their reasoning is director deputy director savage said that they would be drafting some new rules in only three to four months so i guess the public is i wondered why the rush at this point and if we could just wait a few more months to really iron out the kinks and i guess concerns in gathered from the committee meeting which is where the the director of parks and recreation presented along with corporation council was at the repeal of the section seven was basically to allow those vacant permits to be available for those those individuals or entities that wanted to be eligible to acquire those under the old second doesn't pertain to any of the cap limitations that the county has so years and years ago when we first did this ordinance we said based off of the study that we appropriated to you based off this study the county can i guess hold or at least be able to accommodate let's say for example ten permits and there was a cap to that be for the new permit holders i guess those who would want to apply for it the existing permit holders that god in that state never had to do and so  i can understand having a requirement pass the cap but up apparently according to the director there has been three or four vacant permits that have been vacant for decades because they haven't been no one's been eligible to acquire those permits because of the requirement of the day so i guess this is one way of initially starting out the discussion for the department there i guess future endeavors to try to look at the the rules and regulations of korra i was my understanding that the director had put on the on the record as the testifier did say and he explained it very well that he wasn't going to touch any of the existing permit  s that are in place right now but only to be looking at filling the vacant permits and if this would not the repeal of this would not in any effect any way affect the cap that we have in posed right now and it also will not affect the prohibition of certain designated areas that we said that there would be no core activity and so all those stand place time said let's just so we can see what's happening they anticipated at the time that somebody would want to do it right away would fill those permits the requirement was on the county to do the if they were going  to issue fill up those last three or four permits as things have gone in the last six or seven years that this is been passed it doesn't appear that adding three or four were going to hurt anything and i think you members for sharing your folks comments from the actual committee work so i appreciate that but just to get a clear picture if i may chair this repeal is basically for department in order for department to fulfill those fake it permits that i mean that's really what this is boiling down to and not to negatively affect existing holders in any way mr grossman thank you chair and yes i would agree with that statement and i remember distinctly you know yourself chair as well this mr victor reno and myself making sure that this would not affect the current business is that is not our intent and we made it very clear to the director that if he were to do so then you know that would not be a good thing so i in the best interests of the businesses that are currently hold their permits while i think every one of us on this council floor do not want to be hurt in any way but it's they've been a long stablished businesses and so we we also really appreciate unfortunately i wasn't able to sit in on the meeting but i did have the opportunity to watch the rebroadcast and i did see the meeting and this into the discussion and i'm very comfortable in supporting the tears  you can't relax and so i think those folks from the ocean activities are rightfully here watching out for themselves and i and i think that you know it's an important thing for think you members and you know i don't want to undo or go against the hard work the committee has done so i will be in support and thank you for your explanations and as you state chair we are taking the word department has stated on record and this and that so i'll be comfortable and of course we're always at liberty to adjust and change things as we go along if we find adverse unintended consequences per se occur we have that power  excuse mr clerk for the record bill eighty five two thousand and fifteen you have before you from your housing human services and transportation committee the following committee report committee report fifteen dash one sixty seven recommending the following one that the propose resolution entitled encouraging the development of entitled residential housing projects to be adopted and to their kind of communication fifteen to sixty one be filed displaced thank you very much i moved to adopt the recommendations in h below your committee met on november nineteenth two thousand and fifteen to consider a proposed resolution introduced by council chair way to encourage the development of residential housing projects that have the governmental approvals necessary to proceed the resolution also encourages developers of those residential housing projects to inform the director of housing and human concerns of any impediments to development so the county administration and the council may thousand six hundred fifty nine units in twenty thirty existing mostly housing stock of fifty four thousand and seventy units and currently entitled housing units of eighteen thousand seven hundred forty four so even if the currently untitled housing units are constructed the money island plan reflects an estimated unmet housing demand of ten thousand eight hundred forty five units by twenty thirty your committee notes the shortage of housing will be particularly acute if the projects that already have the land use and title mins needed to proceed are not timely constructed your committee voted five two zero two recommended option of the resolution and filing of the communication i ask for the council's full support of the motion on the floor thank you missed by some members any further discussion on this side of this current thank you chair seems i have a lot to say today i regard to this  completely we agree and is so happy to see this at community level i would i'd like to also should lay upon that i've been finding now in looking at these developments that have a title men's and zoning changes what have you is and these changes have not been in concurrence with real property tax evasion they're not notified there and i learned that things have changed there by the assessment of their taxes being due to us has not been changed so many of these entire properties have been from ag to urban and where you know subdivision approval on everything have not been pai changes so i like to make sure that we stay on top of that and somehow figure out that going is that's going to alert the powers that be that this county is rightfully you know as do their rightful taxation funds so thank you you and you for the discussion members the chair will just note that we have quite a number of housing developments of that untitled but simply don't pencil out because of the significant burden of of the workforce housing requirement of either fifty percent or so cases higher we also have project districts some of which have a ten percent housing requirement affordable housing requirement and others that have up to fifty percent so we have one company competing against another but it's got a much heavier burden as a fifty percent affordable requirement and the chairs perspective is that the less housing we build the less affordable housing is because supply if the supply doesn't exceed the demand and housing prices are going to go up and so it's it's my hope that some developers who have been saddled with it in not just the affordable housing  type of requirements but i'm aware of one in luke who that's been required to add a bridge if you take that bridge and divide by the number of houses in that in that development it's a significant amount of responsibility for a new homeowner to shoulder i wouldn't want to have my share of bridge put on my mortgage so it's my hope that some of the folks that are in control of these developments will take the opportunity to reassess the situation and come back to department of housing and human concerns and the council and ask for adjustments that we have already made for people going forward and we should be willing to do for people who have the entitlements but simply can't get the projects to move forward because they don't allow without any further discussion see none of those in favor of policing if i by saying i i was opposed say no as your pass of a seven hundred zero nos to excused mr clerk for the record resolution fifteen dash one fifty one here before you from the infrastructure environmental management committee the following committee reports committee report fifteen dash one sixty eight recommend in the following one that the proposed resolution entitled terminations of license affecting lots one forty three one forty four and one forty five car thank you chair your committee discussed the proposed resolution at its meeting on nov sixteenth two thousand and fifteen the director of public works stated the license is not needed because the county has never exercise its rates under the license and has no intention intentions of doing so in the future adoption of this proposed resolution and its record ation after the state bureau of conveyances will satisfy the requirements for terminating the license or respectfully asked for my resolution pursuant to section three point four four point zero two zero maui county code and this easement will allow hospice maui to connect its facility to our county's wastewater system pretty straightforward i thank mr lo no measure passed of a seventy two excused mr clerk for the record resolution fifteen dash one fifty three you have before you from your policy an intergovernmental affairs committee the following committee reports committe accept the sent tracking labrador retriever valued at five thousand dollars from the friends of the missing children center of a fight for the department of for the department of police and the finding of this communication the county has has and does not have a scent tracking dog at this time the dog would be trained to look in the living person's you would be assigned to the special response team to search for missing persons and fugitives i sincerely ass and i assume you think the friends of the missing children's center will fight for this generous donation and requested my members a special committee and kind of governance to be adopted and to that kind of communication fifteen to forty seven be filed a strict you know thank you man i moved up the recommendations of committee report fifteen seven one second the committee recommended the special committee consist of members from each district and two at large the special committee will have one hundred eighty days from today to recommend back to the council which is june first two thousand and sixteen the special committee will retain a non voting facilitator to provide assistance in its performance of its functions subsection eleven dash one one the next general election is on nov eight which means the deadline to submit submission of a better question is august twenty fifth two thousand and sixteen sixteen fourteen dash one one o f the county charter requires two readings of on separate days to adopt a council in the should be initiated initiated this gives me resolution proposing the charter amendments in addition t must translate the charter i'm in maine question and would stick with typically takes ten business days and which brings us back to august eleventh two thousand and sixteen this means the last da vote favorably on that this guy this committee has a daunting task and i wish them nothing but success and when and how weak their recommendation back to us was to cheer thank you very much they steamed in there because this team demeans having either an illustrious reputation or somebody respected and i respect all eleven of these folks for putting their lives on hold a little bit to come and commit to this project so i truly respect that but i do want to caution this group should we pass this is that this isn't a done deal as far as what they're going to come up with as was suggested by another test a fire this is a i would like them to take a look at all ob options and figure out what is and if there is anything wrong i think the first thing they should do is figure out if there's anything wrong if there is then one of the options to fix it and i expect them to do do just that because this is a really good group of citizens here that have done the volunt g for this i do respect their time they're giving up their time and do want to make sure that they come in with a open mind and figure out what's best for the county thank you thank you n terms of clarification on the conflicts checks i believe our office was asked to determine whether or not any of the members had any pending litigation with respect to the county and internal review of the names identified revealed that there were no pending litigated matters involving the individuals identified in your list thank you very much any further discussion  members i would like to thank the members that were named to the committee i believe all of them have accepted the responsibility i agree that they are all respected members of our community and will do a wonderful job moving this issue forward i agree with mr couch this is not a this is not a requirement of the committee to come up with a amendment to the charter it's a requirement for them to study whether that should be done or not so i look forward to a very active and exciting discussion amongst the committee members and we'll see where that leads and so with that i'm excited to support this any further discussion members seen all those in favor of policing if i by saying i was opposed say no measure passed there with seven eyes zero nose and two excused mr clerk for the record resolution fifteen dash one fifty five actually before we move on the clerk had mentioned to me in your motion kind of communication fifteen dash to eighty seven from the director of finance transmitting to the counsel seventy contracts and grants for october two thousand and fifteen mr couch thank you mr chair i moved to filed county communication fifteen clerk you have before you kind of communication fifteen dash to eighty eight from the budget and finance committee chair transmitting to the council cherry propose a bill entitled a bill for an ordinance amending ordinance number forty one twenty eight bill number thirty two two thousand and fourteen authorizing the mayor of the county of maui to enter into intergovernmental agreements for loans from the state or for his drinking water treatment revolving loan fund for various water projects fiscal year two thousand and fifteen budget ordinance mispricing this year i move to discharge the budget so mr chair that meant this matter relates to an amendment to the fiscal year twenty fifteen intergovernmental agreement between the county and the states drinking water treatment revolving loan fund for various water projects  and this amount of money would lapse i think some like six seven million dollars so we don't want to lose that opportunity because there are some projects that are darby needed in this community so i would hope my members would support this  as from it from the departments but i understand this point and i agree that to be on top of things i know work and accounting ways are a b and c accounts so i understand but hopefully we can get things more you know  members for their support thank you for any further discussion members on the waiver cmon all those in favor please signify by saying i those opposed say no measure passed a seven eyes zero nose  necessary to maintain existing services and therefore take priority over the long road project which is an expansion of service and can be delayed until next fiscal year i urge the council supported this committee with the rector taylor here because having heard one of the affordable housing projects call home are not being able to get county water service in there by that project is on hold with this line alone a booster pump for expansion purposes be able to support that project so again that's for another day to discuss but i understand the need for a country and we can wait a little bit longer  is a priority in their record has made it very clear that if these projects are not done in anything happens to these sources it's going to be horrible you know bad impacts so we kind of have to get them done but into excused mr cook for the record bill eighty six two thousand and fifteen he had before you kind of communication fifteen to eighty nine from counsel chair white transmitting to the county clerk a proposed resolution entitled rescheduling the counties of the councils january first and january fifteenth two thousand and sixteen meeting january eighth and january twenty second two thousand and sixteen respectfully would allow the council and  committee to have the council committee meetings weeks similar to normally scheduled meetings weeks and edition the council members will be attending the two thousand and sixteen national association of counties legislative conference in washington d c starting pay nineteenth two thousand and sixteen and february twenty sixth this would allow a greater participation by the council members at the nato conference i would respectfully request members  your budget and finance committee kind of communication fifteen desh to ninety from the director of finance transmitting to the council the finest directors quarterly report for fiscal year july first two thousand and fifteen to june thirtieth two thousand and sixteen as of september thirtieth two thousand and fifteen and the capital improvement project your economic development energy agriculture and recreation committee communication fifteen dash to ninety two from council member base or transmitting to the council chair the matter relating to koch a frog eradication project grants your housing human services and transportation committee a kind of communication fifteen dash to ninety three from the director of housing and human concerns transmitting to the council a status update on the project as required by modification number thirteen of resolution tendentious fifty seven on behalf of clayton member of and two a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the state of hawaii it's established metropolitan planning organization to fulfill federal and state transportation planning requirements to your policy and intergovernmental affairs committee county communication fifteen to ninety five from presiding officer pro tempore victory no transmitting to the council cherry proposed resolution untitled urging competition for interlinear travel country communication fifteen dash to ninety six from the proposed bill and titled a bill for the ordinance to authorize agricultural water rates for properties owned operated or managed by the university of hawaii college of tropical agriculture and human resources thank you mr clerk are there any requests  things should be sent to a committee and in my opinion this doesn't have the force and effect of law and so i'd like to ask that or move to approve the resolution approving the as we heard from the testifier essentially this is another authority because hawaii doesn't allow for these kind of bonds to be done in hawaii  hawaii state or county authorities wisconsin actually does have one is called a public finance authority and they do issue bonds to other states back and forth  but they do the i r s requires that the county of maui who is the governing authority of the land say it's ok for them to get by to give the bonds to the key he charter school  and then that we don't have any problem with that it doesn't at all cause the county any responsibility there's no responsibility of county we checked that with the department of corporation council and if the members would like to ask him those questions that's fine so i think this is a formality so that they can get their savings one hundred fifty thousand dollars savings on their loans so i would appreciate the members support teacher is the victory i do have one question and i totally support this let me start by saying that but i do have a question for cooperation council which along my statement earlier that all charter schools are public schools under the state hawaii department of education they said they are a separate division but they fall under that and those closures opening sanctions will never fall under guidance so i question to you is and i heard just a cult say it how come the states not part is not a part of this because it really is a charter school under the department of education and that would be my office whether or not they have a preference in that regard but as we sit here i don't have an answer to your particular question at this time sorry ok thank you mr chairman and not to do latest project in any way i mean i will support it but i will department of education charter schools i should say so i'm curious why and you've been in this state long enough to understand my curiosity why not absolutely mr you know thank you members other this question i have a question for core counsel would you agree with mr cultures assertion that this is a resolution that has no force and effect of law chair that's a very good question  i am perplexed by the concept of not having force in effect the law you are rules and the charter does not define to my satisfaction does and does not have the force and effect of law there are distinguishing factors between ceremonial resolutions and resolutions i guess unless you consider this on a ceremonial resolution i could not find in your rules the definition except in the charter and in the rules it does say that the legislative action will be by bill and ordinance and all other council acts can be by left unpaid chair i'm confident that the language that has been included in the resolution does specify that the county does page to the last whereas thirty must be approved by a governing body highest ranking executive order to ministry it or of that political jurisdiction of where this project is so that could be mayor that could be director of finance i would think it wouldn't have to be this body or could it be rather than the entire council a member who is the representative of that  district mr rich or something to that effect so just i mean i and i know mr crouch wants us to you know to be supportive and yes i am but just wondering if that sentence is also stating though it could be mayor it could be director of finance in the whole house where as on page two team that could approve this action however i believe the applicant in this circumstance has requested that this body be the appropriate body to review and approve this resolution and thank you corporation counsel and then the last  page number three page four item number three just trying to make sure i understand the intent to comply with the terms and intent of this resolution and the financing approved here by so is that lock us in a nowhere see that we are not you know held liable for any direct or indirect way but is that last the wording in the last sentence having this tied to the finance scene i guess terms as a body and i do not believe remember that that paragraph requires us to do anything further than or this body to do anything further than adopting this resolution to the extent that any further documentation may be required certainly our office would be the one to that document prior to the execution so as as we sit here my understanding is that the resolution in and of itself is the act that's required of this body and nothing further ok elected legislative body or to the chief elect executive officer and then it goes on a few others so it could be either or but i knowing this councils penchant for wanting to make sure that they're apprised of everything i think it's best that  the board of education and the state so but i i i do support what this is intended to do because i think it's also safe to say that the charter schools don't necessarily get the same kind of attention from the board of education or department of education that the other schools do so any further discussion members thank you very much i just want to express my support you know i'm a big fan of charter schools and i'm certainly proud of our teacher school it has done an excellent job and i would like to help them you know get whatever it is they need and so i am in support and i've read this thing over and over and i think it's very clear as to what we're committing ourselves to so i'm ok and especially with the  receive funding for the those payments from the department of education that's my understanding  you jeans are c e o go on to answer the question on the floor right now the arrangement is this and this will help clarify a couple things regarding the state's responsibility as well charter schools being schools of choice the state is not obligated to provide facilities for them so charter schools exist in leasehold facilities right now key a charter school has for landlords the what your funding from the state of hawaii legislature and out of that per capita funding comes the lease rent that as mellow we'll charge the key a charter school which in turn will pay the debt this is an arrangement that's been going on for fifteen years which is why the u s d a saw fit to give us the funding because they know will be stable once we're in a position that is where we can make long term plans and it's not escalating and for the record resolution fifteen desh one fifty seven researcher at this time i just asked if there's any objections the other referrals is read by the clerk and for the objections to the other referrals mr chair  oh yeah fifteen dash to ninety four is that's going to where again before you bill number seventy nine two thousand and fifteen and titled a bill for an ordinance establishing chapter in one thousand point two seven a country code relating to part districts are appealing chapters nineteen point two seven and one thousand point six one five country code relating to mali central park  mr chair this bill is a comprehensive update of the parking zone in districts we've been doing this for all the different zoning districts and this happens to be the parking of the parking zone in districts and contrary to prior testimony this  been vetted in three or four different meetings so i think i think everybody is aware of what we're doing and i respectfully ask for the counsel support of this bill thank you mr couch any further