this morning i'd like to highlight the preamble of our twenty fifteen edition of the charter of the county of its states we the people of the county of maui mindful over hoeing history heritage and culture and  unique this as a for ireland county dedicate our efforts to fulfill the philosophy decreed by the hawaii state motto will be component the life of the land is perpetrated  and it also means that the life within the land as well as the people within the last and is determined by the rate at dien ways of the people within the state and the dependence of the people within the state to do the right thank you very much and before we proceed if everyone can put please put their phones on silent mode i would appreciate it was declared mr chair proceeding with the presentation of testimony on agenda items we've established limited interactive communication that enables individuals testimony at all locations is limited to the items listed on today's agenda pursuant to the rules of the council each 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 office please identify justifier good morning chaired this is ally and there is no one here waiting to testify thank you mr chair we have two individuals who have signed up to testify in the council chamber the first person to testify in the council chamber is then clarke testifying on bill number nine two thousand and sixteen he will be followed by good morning chairman white and council members morning i said beautiful day for the beach today and my mission this morning with the come and see all of you and thank you very toll along with the roads to and from the you know main tourist destinations they come to see the beautiful side of the island in addition to the beaches on this side and it's important that we can provide income for the young men and women that work the lowly there that water is necessary for the farmers so i ask you that in the future here when you start  to address the the issue with the water on the east side of maui we need those water turned back to the stream as well as feeding the low e and i will work in further with you on projects to keep up with the infrastructure in order to minimize that the damage to the to our facilities so so thank you all very much for all that you do and i and wherever i can help see none thanks for being here thank you chairman was a stickler the next person to testify is testifying on kind of communications sixteen dash thirty five mr boyd can say who is the last individual who signed up to testify in the council chamber along good morning charles council members can sail director of parks and recreation i'm here this morning to discuss county communications sixteen thirty five the department would like to ask this body if they could defer committee review for this intergovernmental right of entry agreement for the center of mali regional sports complex and consider it first really vote today in order to make this opening of the park a reality on march twelfth i bought for you today  alternative ordinance within attach right of ensure agreement for review i will also be here for any questions or concerns we can the communication sixteen thirty five is presented thank you chair members need for clarification i know this is something that we've just received i don't know whether your members have had a chance to read through the memorandum of  mr chair there are no further individuals signed up to testify in the council chamber if there are any additional individuals in the council chamber or at 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 waiting to testify thank you mr chair there are no other individuals in the district offices nor the chamber who wish to offer testimony thank you mr clerk members are not to be received written testimony without objection will enter into the record  because our next meeting is a week from today and we need to get things to the maui news we need to get things posted for next week's meeting so i'm assuming that we're going to have a fair discussion on the parks time constraints that we've got we need to be done to be to keep it relatively comfortable for the board to get everything to the news on time need to be pretty much done by eleven o'clock at the latest so with that mr quick let's proceed mr chair proceeding with minutes he had before you for approval the minutes of the regular meeting of january twenty second two thousand and sixteen mr comma moved to approve chair proceeding with committee reports you have before you from your budget finance committee the following committee reports committee report sixteen dash twenty two recommending the following one that the proposed resolution and titled authorizing the second amendment to license for the one hundred acre parcel identified as text map key budget for the county of maui as it pertains to appendix b revenues fees rates assessments and taxes general fund charges for current services fees sable persons parking placard to be passed on first reading of the order to print to that the proposed bill entitled a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to appendix a part one grant revenue schedule of grants by departments in programs department of finance state disability and communications access board d c a b program be passed on first reading in the order to thousand two thousand and sixteen respectively you have before you from your committee of the whole the following committee report committee report sixteen to twenty four recommending to the proposed resolution entitled authorizing settlement of in the matter of the grievance arbitration between the state of  request for settlement authorization initial case read by the clerk your committee notes the counsel previously authorized settlement of this case by resolution fifteen dash one three eight your committee received their arbitration the opera trader has been steadily at it but no arbitration hearing date is currently set following an executive meeting and your committee voted by two zero to recommend adoption of the revised propose you're passive with six eyes your own nose and three excused mr clerk for the record resolution sixteen dash twelve you have before you from your economic development energy agriculture recreation committee the following committee report committee report sixteen and to that kind of communication fifteen dash three zero to be filed this cochran thank you chair i moved to adopt the recommendations in committee report sixteen dash twenty five second every motion from his cock remember the second from dollars the director of parks and recreation inform your committee the tennis courts a column a park are playable but there is a need for replacement and the additional backwards to enhance the practice and warm up for the tennis players th donation helps the county to save on repair costs and thanks the mic fears and foundation for its generous support i read that respectfully asked for this council support of the committee's recommendations thank you  transportation committee met on january seventh twenty sixteen january twenty first twenty sixteen and february fourth twenty sixteen to discuss the bill for an ordinance authorizing the mayor of the county of mostly to enter into an intergovernmental agreement with the state of hawaii to fulfill federal and state transportation planning requirements relating to the mali metropolitan planning organization your committee notes the twenty  census determine the graphic area and compassing and had a population exceeding fifty thousand making it an urbanized area and defender a law governing metropolitan providing for an f b o from the department of transportation until december twenty fifth in the mali m p o will have a seven voting member policy board including three council members the directors of transportation but brickworks planning and the state department of transportation and executive director and staff the community deputy corp consul advised your committee that chapter two seven nine d h r s provides for certain exceptions to the sunshine law and their green men are consistent with those exceptions the county director of transportation in forming a committee that the county anticipates receiving over one point one six seven million dollars for them only m p o for federal fiscal years twenty thirteen to twenty fifteen approximately four hundred thousand dollars a year for its operations with a ten percent match each from the state and county once the m p o is create it the department of transportation would gain over five million dollars in federal funds for the past three federal fisc this years but if the molly is not created the county stands to lose over two hundred million dollars in federal funds for county projects your availability of other federal funds such as or u s department of agriculture grants your committee also notes that the m p o and the governor would designate the m p a upon the establishment of the m p o the designation is not determined by the governor mayor and state director of transportation as indicated in the letter from the governor since the m hasn't yet been established no m p a designation has been made yard committee recommend that the agreement be revised by deleting reference to the entire the entire island of maui  i think our lady from all of her own herships reading this important legislation through our process i speak with reservations in support this morning mr  chairman as i indicated i was fortunate enough on last week thursday to have a specific face to face meeting with anthony fox united states secretary of department of transportation in his office i mentioned to him that  him for some flexibility to realign the circle whereby it makes better sense in trying to be in compliance with the current county general plan as well as we can best on are they being a community or district plans chairman and my fellow members and i plan to pursue this because if we are going to do it then let's make it work to the maximum benefit of our constituency and i hate to be the one but to see the money isn't important to my definitely is important chairman but we still need to do this correctly so there from a planning perspective we can match the financial resources that we will be allocated in the future thank you  thousand and sixteen respectively we have before you from infrastructure an environmental management committee the following committee reports committee report sixteen dash twenty seven recommend in the following one the proposed bill entitled a bill for an ordinance amending the traffic code of the county of maui to while the purpose of the proposed bill is to prohibit parking on the south side of a street between market street where indicated by signs to eliminate unsafe traffic conditions the public works commission unanimously recommended approval of the proposed bill at its meeting of december sixteenth two thousand and fifteen the director of public works indicated most of calling for a street has insufficient right of way wits to safely accommodate parking the department estimates seven or eight parking stalls crit be retained should the bill be passed subject to road restricted your committee voted six to zero to recommend passage of the revised proposed bill on first reading and filing of  communication respectfully asked for this council support of the recommendations thank you chair thank you misc our quiz members only for the discussion see none of those in favor please signify by saying thank those opposed say no place utility poles along a public highway for the home of village project be adopted and to that kind of communication fifteen thus three zero three be filed thank you chair i move to adopt the recommendation of committee report sixteen proposed resolution granting permission to place you till you till it equals along a public highway for the column of village project the purpose of the proposed bill is to authorize the installation of eleven utility poles by stanford car development l l c for the call home of village project in line i'm only the eleven utility poles will be installed will replace existing poles and will exceed the height of the existing post by more than five feet agriculture related activities sell non agricultural related items and agricultural products not grown on the property and to conduct certain special events within the county agricultural district for property situated at age three three  children on agricultural related items and agricultural products not drawn on the property and conduct special events on the three acre portion of the property which in the cold to agricultural district it thirty three w god my memory about this and i and if you recall my comments during committee work i had no fareed upon the people doing the application in this matter whatsoever it was just you know my take on this particular type of practice in this designated area i just felt there was another application i again voted to disapprove so i'm just being consistent with what i stand by and you know i have my reasons and i have justified it and explain my reasoning so i just felt the initial one was going to open that door and as we see the doors start to open a little wider as the days go by so i'm just being consistent and that's my  discussion members to not all those in favor of placing the fiber saying i like those opposed say no affairs committee having met on february ninth twenty sixteen voted seven to zero to recommend adoption of the resolution in title fail yet legislature to provide the counties with the same share of transit accommodation tax revenue as the state your committee expressed its support for an equal split of tax revenue between the state and the counties this would promote fairness for a county taxpayers and a sustainable visitor industry intitled appointment of a member to the affirmative action advisory council for the county of maui be adopted to that the proposed resolution entitled appointment of members to the board of ethics for the county and i would be adopted three that the proposed resolution entitle appointment of members to the board of variances  appeals for the county of maui be adopted for that the proposed resolution and title appointment of a member to the civil service commission for the county of maui be adopted five that the proposed resolution and title appointment of members of the council on aging for the county of maui be adopted six of the proposed resolution entitled appointment of a member to the planning commission for the country of mali be adopted seven that the proposed resolution and titled appointment of members to the liquor control education board for the county of maui be adopted eight that the proposed resolution and title appointment  members of the liquor control commission for the county of maui be adopted nine that the proposed resolution entitled appointment of a member to the maui county cultural resources commission be adopted tender the proposed resolution and titled appointment of members of the my planning commission for the county   move to adopt the recommendations in committee report sixteen ash thirty one second motion from  thinking chair i have a lot to read here so your policy an intergovernmental affairs committee having met on february tenth two thousand and sixteen voted to recommend adoption of resolutions of the following nominees to boards commissions and council appointments of rachel phillips and alan sousa to the board of ethics re appointment of raymond soon an appointment of ralph masuda to the board of variances in commission appointments stephen castro and lawrence carney cheli to the maui planning commission reappointment of florida lean villa and appointment to vet  sixteen through sixteen dash twenty seven respectively you have before you committee report sixteen desh thirty to recommend in the following one that the proposed resolution entitled appointment of a member to the cool agricultural park committee for the county m i would be adopted to that t proposed resolution and titled appointment of a member to the my redevelopment agency be adopted and three that the proposed resolution entitled appointment of a member to the urban design review board for the county of my would be adopted and appointment of harry to the urban design review board for a term expiring march thirty first twenty nineteen i respectfully ask for counsel support of these  record resolution sixteen to twenty eight sixteen twenty nine and sixteen dash thirty respectively mr chair proceeding with kind of communications you have before you kind of communication sixteen dash twenty three from the director of finance transmitting to the council one hundred forty one contracts and grants for the month ending december two thousand and fifteen following contracts three five six two nine three the supply in the service contract number is c five nine zero eight which is a new service entered department of management at one point six million i'm also going to refer to comm discussion chairman yes the members were for an interesting there is at least sixty two contracts in this document that is getting france encumbered by the december thirty first deadline and i will be reviewing this to see how many actually needs time extensions which means that it's basically that's pretty cool so we'll be reviewing this is part of the upcoming budget requirements of your committee thank you thank you any further discussion this cochran's your average general question i suppose possibly for corporation council i do see three four contracts four five six six contracts here from a construction company which i know we have a  with that particular company so i kind of when you know how that works with us to continue to have contracts with this particular company that we are ready have some type of that it should matter they may be the lowest bidder on a project and they me until we are successfully prevail in the litigation and they are to barred from any further bidding on a project they're still allowed to bid so that maybe now if you want i can look specifically into those contracts to determine whether or not there's any basis for us to withhold in the further contracting with that particular bitter but as i sit have before you kind of communication sixteen dash twenty four from the chair civil service commission transmitting to the council the performance evaluation of the director of personnel services knows three excuse mr clerk you have before you kind of communication sixteen dash twenty five from the mare informing the council the vacancies on the committee of the status of women due to the resignation of jennifer nino mclean and on the casa government commission due to a six size zero nos three excuse to mr clinton you have before you kind of communication sixteen twenty six from the director of water supply transmitting to the council the state of four years commission on water resources management water use reports objections so ordered mr cord you had before you kind of communication sixteen twenty seven from the director of water supply transmitted to the council copies of the department of water supplies monthly source report and groundwater use report for the month and in january twenty sixt are routine reports and so i don't like to have them filed and they will be on file of anybody who wants to take a better look at them thank you thank you any further discussion members seem not all those in favor of placing to five by sa matter relating to the fiscal year two thousand and seventeen budget kind of communication sixteen dash thirty from the budget director transmitted to the council the matter relating to transferring the ocean safety program to the department of fire and public safety from the department of parks and recreation and its impact on the  budget kind of communication sixteen thirty one from the budget director transmitting to the council the budget implementation report for the fiscal year two thousand and sixteen second quarter ending december thirty first two thousand and fifteen kind of communication sixteen dash thirty two from the director of finance transmitted to the council a report of short term investments for the quarter ended december thirty first two thousand and fifteen kind of communication sixteen thirty three from the director of finance transmitted to the council the finance directors quarterly report for fiscal year july first two thousand and fifteen to june thirtieth two thousand sixteen as of december thirty first two thousand and fifteen and the capital improvement projects report as of december thirty first two thousand and fifteen to economic development energy agriculture recreation committee kind of communication sixteen dash thirty four from the director of parks and recreation the mayor of the county of maui to enter into an intergovernmental agreement with the state of hawaii department of land and natural resources relative to the maintenance and use of the completed phases of the central valley regional sports complex your housing human services and transportation committee kind of communication sixteen t thirty six of the director of housing and human concerns transmitting to the council a proposed resolution entitled authorizing the first amendment to the university of hawaii college student housing lease to infrastructure an environmental management committee kind of communication sixteen thirty seven from council member cochran transmitting to the council chairs the matter relating to integrated pest environmental management and county property kind of communication sixteen dash thirty eight from  bill in title a bill for an ordinance amending section ten point four eight point zero four zero county code relating to stopping standing and parking place by your land use committee kind of communication sixteen thus thirty nine from the planning director your water resources committee kind of communication sixteen dash forty from the director of water supply transmitted to the council a proposed bill entitled a bill for an ordinance amending chapter fourteen point zero for my county code relating to water services thank please you have before you bill number eight two thousand and sixteen and title the bill for an ordinance amend the fiscal year two thousand and sixteen budget for the county of maui as it pertains to estimated revenues one a community plan area road improvements can i road safety improvements total capital improvement project appropriations and total appropriations operating capital improvement projects the number nine two thousand and sixteen and title the 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 can i road safety improvement the number ten two thousand and sixteen and titled a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to estimated revenues key mechanic community on area road improvements south my regional traffic master plan total capital improvement project appropriations and total appropriations operating capital improvement projects the number eleven two thousand and sixteen in title the bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to appendix a part one grant revenue schedule of departments and programs department of public works federal highway administration federal aid and other transportation grants the number twelve two thousand and sixteen in title the bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains estimated revenues department of environmental management department of finance department of liquor control department of parks and recreation department of public works department of water supply total operating appropriations and total appropriations operating capital improvement projects the number thirteen two thousand and sixteen entitled it for an ordinance amending appendix a of the fiscal year two thousand and sixteen budget for the county of maui as it pertains to part two special purpose revenues schedule of revolving special funds for fiscal year two thousand and sixteen plan review permit processing inspection revolving fund number fourteen two the community plan area sewer waste water reclamation facility filter modification total capital improvement project appropriations and total appropriations operating capital improvement projects the number sixteen two thousand and sixteen and titled a bill for an ordinance amending ordinance number forty two twenty six the number thirty three two thousand and fifteen relating to authorizing the mayor of the county of maui to enter into an intergovernmental agreements for loans from the state of for his water pollution control revolving fund for various wastewater projects just do your two thousand and sixteen budget ordinance mr chairman i move the building number seven through sixteen inclusive best second and final reading responsibilities for site my way of moving forward the regional traffic master plan going below twelve this is regarding the increases to collective bargaining agreements that we have and this is for by uni's two three and four and these are bills twelve and thirteen to go effective july first two thousand and fifteen the other ones that i would just mention is of course the final two bills which is to  request to take action to day will allow the central mali regional sports complex to be available for the opening ceremony of demoing girls softball association on march twelfth twenty thank you thank you mr chair i move that the proposed bill attached to county communication sixteen dash thirty five be passed on first reading and be ordered to print and that county proposed bill what the bill attached to the communication received earlier this morning from the director of parks and recreation the revised proposed bill authorizes the mayor to enter into an inter governmental agreement what the state of hawaii department of land and natural resources the right of entry agreement is attached as exhibit one to the revised  i respect their request as before this body of this thing or to ask for a very short recess to allow the members to actually read the document that is being proposed to us at this time and i think that's appropriate will take a five minute recess meeting of the county council shall come back to order if assuming that the motion to substitute is adopted the council wouldn't be able to make any additional changes to it except adding non modifying content so i just wanted to bring that to the members attention before the vote on this motion but at the same time members changes can be made if if necessary between today's passage and second reading so we can do the amendments at second reading if necessary some of it today or it's not going to happen you know that they didn't bring up a good point well we'll discuss it prior to considering the substitution for the bets that will be safer mr holcombe i believe you had questions for of the revised proposed bill is to correct the effective date of the right of entry agreement and to attach the document as exhibit one the right of entry agreement allow the county department of parks and recreation to operate maintain and use of the completed phases the use of the complex will provide more availability of fields far youth are youth sports activities as we head into spring baseball and softball will require additional fields this will be an opportunity for mark recreational activity for our youth in  county the right of entry agreement as a temporary measure between the county and the state i am hopeful that a more permanent agreement will be parted to the county in the near future i urge the calls as a in for the reason the council has put in a very uncomfortable situation because while the clock that is ticking in and potential deadlines for the department has made us  i am quite again dismayed on the part of the state to put us in the situation where i believe the council has very responsible legitimate questions for already parliament on what is the county's actual requirements of legations and responsibilities regarding this consideration at this time to mr chairman i will state that in my due diligence i would like to give thanks for the proposal for a memorandum of agreement to the state a full way in the month of august of two thousand and fifteen and for me that show that the county was willing open and actively pursuing a conclusion to a memorandum of agreement and i'm very disturbed that the efforts of the attorney general and his staff the late is so much and now we have to act in a situation that is not totally comfortable for myself i mean great support of this project i think this is a worthy of our youth and those that want to get into organized sports and for personal health benefits and this is something that i support in this concert from the beginning am very unhappy that the state department of attorney general has put this council and our departments in an uncomfortable situation since the commitments are already made for the season to be started that requires approvals and so i'm here today to work as best as possible to ensure that our youth our community does get the benefit of this facility but to also ensure that this county is responded to is protected and not be told  and mr wong is as far as i'm for us today does the council have an ability to a man pose right of entry document that is attached to the revised bill prior to a decision on i'm comfortable regarding this right up to the last sentence and i would ask that we considered leaving no less and instead may be extended by mutual agreement i want us to get to that memorandum of agreement document that's fine no document that is specific for the again on our right of entry and i guess this is a maybe in the second part maybe normal by our approval as we read members we place the county under food responsibility for everything although in my view us look into this is a temporary representation on behalf of the state it would be acting as agents of the state during this period protect the state's rights in interest since it is currently their property and their project and their park and if we notice the last sentence even if through the expiration of this agreement the county will still be responsible at number four it can't we are going to have a right of entry but then we are also again depending upon the chairman of the land board to make considerations and decisions or kind of his consent probably for us to do certain requirements and as you notice on the bottom of preach to the state is dumping on us of liability responsibilities my other issued piece three members number seven again this is a state project there was it doing the construction they're the ones that are going to present to the department as i understand something that will be in an operating the department can't impose additional terms to a disagreement i thought this is a two way agreement now we have just a deeper make and impose conditions on this county after we make this decision director i hope you can appreciate it because my responsibility is to protect the best interests of this county and yet still help move this project forward so here in my concerns can you give us some comment please  whether or not you feel it is appropriate can be you don't want to support that us and i did acknowledge your ability to amend terms to the right of entry being mindful of the right of entry being before us and the ultimate goal as defined in the document to get to the memorandum of agreement between the state and the county i don't have issue with your comments as it relates to the delays  in the documents being presented to this body i can assure you that our department has worked alongside the parks department vigorously to get  an appropriate document for your consideration we too are pressed with the time deadlines and we too are mindful of of protecting the rights and interests and liabilities of the county to the extent that there are areas of concern that you've raised we can go through each one of them and  address as best as possible those concerns we can eliminate some of the areas where you suggested elimination should occur being mindful though that the right of entry is a temporary  right and in the context of the right of entry in and of itself in order for us to add to the property we we need that and so to the grant or would you raised particularly the concern with the indemnification provisions and i believe it's and i'll read it verbatim to the extent permitted by council approval the county shall be responsible for damages or injury in this i would emphasize is significant caused by its officers employees and agents in the course of their employment so essentially we're responsible for our employees and any conduct that they may have may result  in to the extent that the county's liability for such damage or injury has been determined by a court or otherwise agreed to by the county and the county shall pay for such damages and injury to the extent permitted by law it's not unusual for us to take full responsibility for our employees and their conduct within the course and scope we would expect the same in response from any  the end of life period in there for example to the provision shall survive the expiration but no longer than three years over some term like that that way there's a date certain on its closure and that's not unusual also as it relates to what i want to go to russia for clarification for the members and myself please mr wall and thank you we appreciate your help your guidance and your coming so very much this morning so that we are clear because i had thought that part of this temporary right of entry was it would be acting as an agent on behalf of the state who is the current property owner and project builder of this facility and that temporary will be acting as their agents but this is in a way although right of entry we assuming that all responsible for the operation and everything else as part of it right of entry as well as providing the financial resources to pay for these temporary use and so is not it we know we're not so i mean i'm trying to understand what  terrify me to my knowledge the purpose of the right of entry is to provide the department with the capacity to enter the property and to allow the department to  definition and the intent has been a member of khalid to continue the negotiations on the terms of the memorandum of agreement in order that the memorandum of agreement will supersede the terms of the right of entry and the concerns that you raise as it relates to the right of entry will be incorporated in my view into the discussion and then the goshi asians of the memorandum of agreement which would be the more long term document to facilitate the operations and  of this any questions above comes to a director i would assume and not the state park division at all and so responsibility scheduling and for maintenance all comes to the county and on the county's dollars although we haven't accepted it as a county facility yet that is that a good understanding on our part that's accurate you chair and i thank you very much mr hope calmer for thoroughly going through that and i share your sentiments and concur with with your thoughts about this so for department heerey state this is state the state this is state can the state not enter in this temporary of sorts agreement with this entity who wants to utilize the the complex and not us  temporary sort of for now right eventually thing just for their specific event can they not make some kind of an agreement with them and keep us out until they are fully fully question the state department is not have a parks department so realistically they really couldn't accommodate i think the intent of the build out from inception was you know for it to be turned over to the county upon completion well regardless amy just for this temporary thing again it's i understand it's colic but you know being pushed into that corner again and harry harry there's a time line better do it now so it's yeah it's not it's not a fun position to be in and we seem to be in this predicament quite often and it's not appreciated on my behalf anyways so it's just my comments it's a frustrating thing but again you know i don't hate to not allow these opening ceremonies for this event to occur because it's a it's a review thing and it's something that i think this community deserve the benefit of utilizing such a facility so i really need to make this happen but as mr holcombe up points out in the verbiage hopefully that we are protected and that they're not really passing a whole lotta state responsibilities and dumping it not the way things should be done i applaud the arbonne for keeping you know keeping up with this and doing their part but it is annoying that the state is seemingly very heavy handed amendments don't substantially we're not really changing the proposal so if there's a if we make amendments between first and second reading and staff view it doesn't change the proposal it changes some of the terms but not substantially enough to disallow us to make changes between the two readings co counsel would you would you concur with that or would you feel were safer making amendments today if necessary based on my recollection of your rule as it relates to substantive changes i would prefer that the changes as proposed be made on today's reading ok and can you confirm that when there is a memorandum of agreement drawn up between the state and the county that that will be there it is a three phase project currently phase one if you look at the screen to the far right will consist of the open space multipurpose field oakley which was the original proposed baseball field with the lights ok we've had that's the open space field and along with right is all phase one turn over ok phase two construction will be the remaining of the softball quad ok and then the upper parking lot there in between the softball field and the open space is that the just that is the parameter of the current responsibility that the counties accepting yes because of phase one is the only responsibility we have everything else will be blocked off to the community without any then we have to do what we have to do but i don't like it and i'm hoping that when we have the minimum memorandum of agreement that will have better terms in it than we have in this i'm reading the letter calling from you and it says that prior to recreation know i just wanted to be sure that it was simply a ceremony you could move someplace else but the games i understand yes i constantly receive complaints from constituents about not having enough fields and you know not been able to play when they won and so wh look at this and you know i'm it's always tempting to say no because you know you did it late and you put it in a corner and we're not comfortable in all this stuff i'm trying to focus on what this is all about and this is about the kids and we don't want to penalize them for what adults have apparently not done and so i would reluctant you know support pushing this forward for that reason thank you for the and i agree on the deletion of the burial sites because that i am going to think that the state did all that before the event even started the excavation of that  hearing that and again i think we all have the same piece because we want this to happen i would just make a motion for consideration to a man and and we'll see how it goes but at the end of the day i want it clear that this cou has always supported or you take the release look at the millions we've put into the parks department and so again we're doing our due diligence we have been given a very short clock by a state attorney general's office that does not understand definitely how the county is required to process certain considerations and again i will again fully defend his support or department of cooperation council of parks and recreation for their efforts trying to get this resolved as early as august two thousand and fifteen and i think it's important for the record to know that our people have stepped up and done their best to make this a reality  members i have moved to a man who got in the right of entry that we delete number seven eight nine and eleven should be the cooperate if i can agreement between two governmental entities that should be again working as partners i feel that this is a very heavy handed attempt by the by the department of attorney general regarding this efforts so i bring this motion forward and ask the members for their positive consideration ok thank you going to take a quick recess but before we do that mr franken sale you had mentioned to me during the last recess that this disagreement has been passed by the board of when a natural resources correct chair yes so about an hour ago they had their meetings how much time is the with the current document in and and it was passed by the been in our board and mr wong you may know the answer to this but if if we make amendments this agreement is it your understanding that those amendments can be accepted by the director of dealing are as opposed to having to go back to the board chair i'm sorry watch chair thank you with the motion as described by mr comment to delete paragraph seven eight nine and eleven from my understanding the state has acted upon the terms and conditions proposed in the right of entry but further to that in understanding is that the chair  has the ability to accommodate and or adjust any of the terms of the right of entry and further negotiate the terms of the memorandum of agreement but that said  we are comfortable proposing those deletions to the chair however in the even the chaired disagrees then we may be in  a circumstance that the right of entry may not be valid we certainly would need to come back to this body upon its second posting for tekken and find a reading to inform the body that  the chair may or may not have agreed to the proposed deletions sold to the extent that we are willing to take that and express that to the  state i cannot as i sit here assure you that it would be mutually agreeable so with that said there's a there is a risk that the chair may disagree and how do we handle that from there i guess we'll just have to cross that bridge if and when we get would have taken their test seriously and worked on it from august as our departments have proposed is to take away and eliminate from the right of entry any extensions this will drop dead on june thirtieth period or a more years sooner and that the comments that we have shared this morning of concerns totally represented and demanded from this county to the state on the memorandum of final member and about agreement which council would have to take action and decide upon at another date but at this point in time chairman to make things move forward and to allow our community that their counsel is supportive of this type of positive activities for us again to also mitigate any of the potential objections i withdraw the current motion i have made on the floor and it directions chair apologize for throwing a little more complication into this but the clerk's office is under two different deadlines that we have and i just want to make the members aware before for their consideration on this matter when we have our posting deadline for the next council meeting of march fourth quarter to the rules in order to be placed on the agenda of a regular meeting of the council we need to be all these items need to be submitted to us before noon today the council could consider waiver of this because if we were to revise the right of entry agreement my understanding is that agreement is not our document and thus we would have to wait on the state to make those revisions and resubmit back to us assuming that they also are in concurrence with their revisions and the additional deadline that we're under is we're required to post  digest of all bills to be passed and second to find a reading in newspaper of general circulation which is the my news in our incense at least three days prior to second and final reading the deadline that we've been given for that it was  a clock today i'm sure that the my news will work with us on this to a certain extent but i guess there's no guarantee on when the state would be able to get back to us with their revised wri the the deletion of the last sentence on page one of exhibit a there reads the right of entry permit may be extended or make that is correct or meant by a mutual agreement of the parties right indulgence please my apologies go ahead if mr wong can tell us today that this is an amendment that we can consider for a second reading without making it such that so says that then he goes back to first reading i'm happy to move this forward at this time with no on june thirtieth it cannot be done in a one way action it requires our agreement to either so with that said we can i can certainly assure you that  neither the department nor the department of corporation council will agree to any extensions based on your concerns raise but in addition to that there has mr cummins question was is there a challenge from your perspective if we were to make a move an amendment to move that i believe with their with their approval before at second reading i don't have a problem with that  chaired simply because as i just stated it's a mutual consent in order for it to be extended and therefore it should not be heartburn for the state to remove those terms ok thank you but i think where we are  the place we need to be because i think it's best if we pass this out clean i think we all agree with the items that mr o'connor was brought up being a big heartache for us hard earned i should say not heartache and that the m o way is something that i hope we're putting them on notice that we want a significant amount of time to review that ever way and be comfortable with the terms and conditions in that acted at that same meeting is a provision of your council rules and although not guaranteed the council could consider to suspend the council rules at second and final reading for this purpose if they would so choose to do try and push this through ever since i guess august of last year how can we get word from department i mean i understand they've been trying to push since six months ago but here we are and i mean how can we avoid this situation again is my point if there's got to be obviously what happened didn't work in kidding this type of documentation put through i mean let's look at the deadlines for county clerks up against to so what i don't know i mean should there have been any urging letter from us as a result to the state at that time or you know i don't know i mean rather than just let it get to this point boy at the boiling point is just ridiculous to me so i don't know is there a comment maybe we can get from department to just how can we avoid or corporation council opposed say no measure passes with six eyes zero nose and three excuse the traffic gets a little dizzy and appear at times but ok no for the discussion all those in favor of the main motion please signify by saying i was opposed say no if you're passive a six eyes or a nose and three mr chair and just for the record that was the main motion as amended for the record bill twenty four two thousand and sixteen mr chair there is no for the business be for the counsel thank you very much for being here