the challenge of analyzing issues and rising to the challenge is basically getting your blood flowing in the body i think everyone on this council has what people call the x factor that's the natural passion to serve and rise to the challenges facing our communities we start this two thousand and sixteen year with a week of inspiration and motivation on monday we have served and honor martin luther king jr a man that motivated future generations and the nation to adopt the civil rights bill and recognizing the resistance to unjust laws inspiring thousands to freedom i have a dream that one day this nation will rise up and live out the true meaning of its creed we hold these truths to be self evident that all men are created equal on tackled last year are still with us affordable housing homelessness education public safety protecting the environment jobs and the overall economy what has changed says house speaker is our approach to that suki emphasize the importance of maintaining the momentum of current reforms and doing better to serve the needs of the whole why these people and senate president remark remarks inspire and motivate us true member that the function of democracy is to embrace dissent and minority opinion to ensure that someone has a different opinion is not afraid to come forward and express those viewpoints he said but at the end of the day the function of democracy is that the majority must carry the day and move forward chair what inspires and motivates you we have our momentum on our side speaker suki said he pointed out that the legislature has gained traction from last year and prior sessions such as major strides towards energy self sufficien providing patients throughout the state access to medical marijuana with the creation of state supervised dispensary resolving the long standing financial crisis of maui's public hospitals and tightening up hawaii's long term financial stability by strained strengthening the rainy day fund and hurricane relief as well as by addressing the state's unfunded liabilities speaker added as we move closer to the implementation let's make sure that they're done right and serve our people in the right way they were intended lastly this friday we honor and recognize the passing of jesse spencer a maui developer that was a leader in building affordable homes for working families more than one thousand homes were built chair what motivates you and inspires you jesse spencer was a man who had a can do attitude where others said you can't he said i can't this is what drove him in his life in conclusion in the face of the negativity bestowed upon us by our mayor we as a council rise above the rhetoric and understand what is most important it is dealing with the hard times coping with the changes and the challenges and getting through to the other side where the sun is still shining it takes a strong counsel to deal with tough times and difficult choices we are a strong counsel it takes courage and this counsel has courage to see things through it takes being an active participant in the community and this council is very active and in tune with each of our communities i say to our colleagues and you sha what motivates you and inspires you hang in there and take care to see that you don't lose sight of the one thing that is constant beautiful and true everything will be fine and it will turn out the way it should because each of us has the best interests of the community at heart so beginning today and lasting until our terms are over or life whichever comes first hang in there and don't be afraid to do the right thing and feel the morning sun shine upon this council a lot thank you or just a reminder for everyone to please turn off their cell phones of the noise making devices mr kirk when we please proceed mr chair proceeding with presentation of testimony and agenda items we have  wish to offer testimony in the chamber please sign up at the desk located on the floor lobby just outside the chamber door testimony on all locations is limited to the items listed on today's agenda and pursuant to the rules of the council each have signed up to testify in the chamber this morning that person is rosemary robbins who will be testifying on committee report sixteen dash eight sixteen dash nine and sixteen dash eleven morning everybody good morning or like ok starting out with communications that's just me with committee reports this morning at the bottom of page three on our agenda item sixteen dash eleven on water resources committee recommending finding out if the communication relating to the repeal of the water availability policy to all the concerned citizens who came forward stacked this room and the other ones who stacked the binder saying what you mean get rid of that we need to make sure we have safe water and they are after shortly there after the news nationally and internationally identifying flint michigan with what had happened three levels of the government first of all the local than the state and then the national levels had awareness of the fact that that water was contaminated with lead remember what they had done was to abandon a safe water source in lake huron in order to go to a local river which had loads of lead and deaths have occurred there i way of this and the reason that they had changed it so us was a cost saving tell that to the families of the people who died i don't think so and the fact that it's reached receiving all all of this press means that the rest of us need to really be concerns that we have quoting dr king in here injustice anywhere is a danger to justice everywhere our lives begin to end the day we become silent about things that matter right here on maui so we need to really give thanks to the folks who came forward with their program the people from face faith action for community equity which means nobody's getting left out if we can help it and that it doesn't matter whether or not you belong to a faith community your you you need to be heard you need to be respected so thank you very much for that lean in this morning a council member right on that quick topic there there is a last year book out by james dooley here in hawaii about the history of growth in hawaii i certainly recommends could you explain which item you're referring to with us yes sixteen eleven on page three i'm not sure  proceed but ok so it's an opportunity for all of us to be able to read and grow is why i'm putting that in and that but i allowed you to comment on mr guzman's opening remarks but that's testimony is limited to lead and other contaminants is something that the country oversight committee here on my we dealt with in the early two thousand what happened with the age poco wells was not just lead that was found in the distribution system from some of our pipes there but also in terms and other contaminants and the e p a directive that came over from at the time and director was very clear about that and i got reworded here within maui county only has led and it was an outfit from florida that was hired to look at this so we in that case we had the support its lead and other contaminants and when it came out it was rewritten is only lead that was at the time the lead in copper rule was coming in to the federal level but those of us hot country were experiencing the other contaminants department of health knew about that they came over the be a came in from region nine nothing happened here about the other contaminants until concerned citizens spoke up about it so you can them ok i'm happy to go on with mine too was that ok yes all right so item two also on page  three number sixteen dash eight which is recommending adoption of resolution to authorize three hundred thousand in additional compensation for special  the group for appeal a federal decision about the fact that our water has not been dealt with the way it should have been dealt with that was the federal judge opinion and so when we read it it says those three words people who have been watching this have probably ready to say these three words on their own not to exceed whatever the amount was that we were going to be paying outside attorneys to come in with the work to resolve what happened with the injection wells in the distribution including to our sure waters and that was supposed to have been done for under a million we're now up to three million fifty because even though it was not to exceed that original amount it has done so five times in the door it sounds like the train thing over in a while who get for a contract get the contract and then up the ante and say we can't go back now we've already got this invest it sounds like what happened with the real estate things in two thousand and eight we need to learn from those experiences and i know we're able to so this morning on that particular item and sixteen it says in reference to this item one more executive meetings a pated where's the transparency and that anybody who's here to testify has to leave while all of that gets done and it isn't until we can come back again and hear the council members exchanges that they were going to have an idea of what happens including the press doesn't get a chance to go over that something's terribly wrong with secret things that go on you know the reason i mentioned that book earlier so as far as i understand that the committee of the whole is recommending adoption of this i would ask you to be very very careful that train has left the station it's going down well with the increase of money that the taxpayers are going to have to pay so thank you for that and then on the last one recommending number sixteen dash nine also on page three of this morning's agenda recommending adoption of a resolution to authorize the employment of special counsel again to provide independent legal advice and representation to the council on certain matters for twenty fifteen to twenty seventeen last sentence and that says council term for total compensation one more time not to exceed seventy five thousand per physical year those themes keep recurring they're costing the taxpayers i know they're costing you council members a lot of grief to have to face these things you didn't initiate them they land on your desks they land on the desk for those of us who come in and read those binders loads of room for improvement so thank you for your stick to it in a sense just as last statement twenty twelve election chatter amendment proposal should we function with nine i think you guys out of gas this i think you ought to be ready to spend some more money but council has been lacking individual representation for a long time with some of the attitude of the governance of the committee on governance and the thing he said shock to me and i'm wondering what he really meant by that when he said the county council needed to be spoon fed if i was you guys i'd be looks not about that and trying to figure out where that was coming from and what's being hidden so i'd be prepared to spend more money to figure this out thank you members of the need for clarification thanks for being here this morning mr clerk mr chair there's no further individuals have signed up to testify in the council chamber if there is any 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 the district office phone at this time hon office are there any additional test proceed mr proceeding with minutes you have before you the regular minutes of the meeting of december for twenty fifteen and minutes of the regular meeting of december eighteenth twenty fifteen  operating and capital improvement projects bill number ninety twenty fifteen a bill for an ordinance amending ordinance number forty two to a bill number thirty five twenty fifteen relating to the issu can get the benefit of revolving fund interest and as well as putting together not only the equipment purchase but the actual installation component so that both sections qualify under federal guidelines thank you thank committee reports you have before you from your budget and finance committee committee report number fifteen scuse me sixteen dash five recommending the following  and sixteen budget for the county of mali as it pertains to estimated revenues mako of cooler community plan area road improvements old highway reconstruction total capital improvement project relating to the issuance of general obligation bonds of the county of mali old highly reconstruction the past in first reading and be ordered to print and three that the bill intitled a bill for an ordinance amending fiscal year two thousand and sixteen budget for the maui as it pertains to appendix a part one grant revenue schedule of grants by departments in programs department of public works federal highway administration federal aid and other transportation grants be passed in first reading sixteen budget ordinance in the proposed built them in fiscal year two thousand and sixteen gener obligation bar and ordered authorization ordinance as indicated on the marked up copies attached to this correspondence distributed at today's meeting the funds for the war like why a local holy men plant upgrades project and build ninety would have added three point three four one seven zero zero million for the project in the two thousand and sixteen general obligation b authorization ordinance both bills have been postponed it will be asked to be postponed until the mean of february fifth and therefore the two reference bills attached to committee for sixteen days five has been amended to reverse adjustments associated with those bills and that will be the corrective action that we ask in council to consider this morning thank you mr o'connor members any discussion on this item discrimination really into his terminations as a police officer on or about december thirty first two thousand and thirteen a deputy corporation counsel provided the proof of view of the case he said that that the county had received a settlement of offer from us attorney which has since expired the deputy said he would nonetheless like to discuss potential settlement authority for the case prior to the settlement conference set for today january twenty second two thousand and in sixteen dash five it was built for five and six twenty sixteen respectively and for committee report sixteen dash six resolution sixteen dash two you have before you from moved to adopt the recommendations and community report sixteen dash seven i stick in a motion for mr goodman in a second from is correct just making sure your committee met on november sixth two thousand and fifteen and january twelfth two thousand and sixteen to consider proposed resolution to authorize settlement of the claim read by the clerk of far of farmers insurance hawaii incorporate on behalf of his insured veronica gray for eleven thousand three hundred in one thousand dollars and fourteen cents claim alleges damages to veronica gray's vehicle resulting from a collision with an unsecured park eight beach park on april nineteenth two thousand and fifteen section three point sixteen point zero two zero b of the maui county code requires council authorization for any settlement in excess of seven thousand five hundred prior to the second meeting on this matter a deputy corporation counsel notified your committee that the claim had settled within the amount authorized by section three point again as the public you know we are bound by certain responsibilities of confidential information while we are still in the stage of litigation and so you know my few words on this at this time would be that i am happy that the risk management component in keeping that our incorporation counsel is aware of our concerns regarding the third party administration of this case and i want to thank them for making the improvements to avoid future instances such as this on this specific issue thank you thank you mr obama any further discussion members resolution entitled authorizing an increase in finding relating to the employment of special counsel huntin in williams l o l p in hawaii wildlife fun et al versus county in maui docket number fifteen dash one seven four committee met on december eleventh two thousand and fifteen and january twelfth two thousand and sixteen to consider requests relating to the case of hawaii a wildlife fund at all versus county of maui a second request related to an increas compensation for special special counsel hunt and williams l p for the appeal in this case the proposed resolution would authorize three hundred thousand in additional compensation atypically corporation counsel noted that judgment was entered and civil number twelve cash zero zero one nine eighty s o m b m k on november seventeenth two thousand and fifteen and on december fourteenth two thousand and fifteen the county filed a notice of appeal in the united states court of appeals for the ninth circuit the deputy noted that the county's opening brief in the appeal is due in march your committee voted sixty zero to recommend adoption of the proposed special council compensation resolution you have before you committee report sixteen dash nine recommending that the resolution entitle authorizing the employment of special counsel to aid advice and represent the counsel on certain matters for the twenty fifteen twenty your committee met on december eighteenth two thousand and fifteen to consider revise proposed resolution to authorize the employment of special council to provide independent legal advice and represent representation to the council for the two thousand and fifteen two thousand and seventeen council term for a total compensation not to exceed seventy five thousand per fiscal year your committee notes charter section eight dash two point three upper end two provides that the corporation council is the chief legal advisor and legal representative of the county of maui the council them there all departments and all boards and commissions and all the officers and employees in matters relating to their official duties committee also notes charters section three dash six prince ix authorizes the council by two thirds of the to retain or employ special counsel for any special matter presenting a real necessity for such employment the revised proposed resolution points to real necessity for the council to employ special counsel on questions priests presenting an actual or potential conflict of interest with the executive branch and cites examples of issues or actions for which independent invites from special council may benefit the council your committee emphasized the need to be disciplined about the matter for which the council would resort to special counsel noting the corporation council is charter authorized legal representative representative and has generally provided quality representation to the county committee voted six to one to recommend adoption of the revised proposed resolution incorporating a revision made by your comm asked for the member support of this motion members of any other discussion mr couch i think i'm a share and i was the one voted against this in committee and i still strongly oppose this one of the big one is the one of them is number a three a that the legality of the mare's employee communication directive and if necessary representation of the council against the administration in action i'm fine with the if necessary representing representation of the council against the administration and declaratory action the problem is with me anyway is this is a law that we not this council but a council passed almost word for word and they directive so until we resolve that law which again has been in committee for three years now my effort to repeal that law i don't see why we should hire a special coun to tell us that we have to repeal our law so i'm very strongly against that secondly it hasn't been you know the whole thing is a real necessity council there the charter says the corporation council shall represent the council on let and then unless there's a conflict of interest which there has been no request from corporation council to come up with a council conflict of interest you know according to the o t c i believe the attorney has to say yes there's a conflict of interest if there's a request and then get counsel they haven't done that yet and we have done that in different cases just recently the last couple months we've asked a corporation counsel if there's a indeed a conflict of interest and to back my comments up i do have a written opinion that says you have to have a conflict of interest in order to get special counsel so i don't see that there's a real necessity on that on the other issues so i mean asking that the members really consider is this a prudent use of taxpayers funds i agree we have some different difficulties with the administration goodman mentioned in his opening remarks totally agree with things are getting crazy up there but corporation counsel is hired to serve both of us in the administration and unless they a conflict of interest which they haven't and then they declare themselves because their odissi office of disciplinary counsel requires them to expose a conflict of interest has revised the resolution whereby prior to any hiring of a specific special counsel that request still needs to return to the body for consideration and approval action and again you will have to take your vote to make that determination on it the specifics of that issue when he comes before the body so i have no problem supporting this request at this time i think it's prudent for us to be prepared to take on such requirements if need be to properly represent the people of this co because at times i think there's definitely a difference of opinion on what is the best for this county and i think as the nine of us from nine different districts can see that we time again  last five years we have had difficulty knowing which side of the coin cooperation council has been because i always thought cooperation council's only purpose was to serve the people of the county mayor not the council but the people that felony and that's why for me i think this is a good insurance company for us to be able to show the people that we are looking at their best interests and not the specific so really couldn't have any input on it and today is my opportunity to just say a few things and i can come to and i can see where this is going i do want to express some of my concerns matters and i want to say that i was very always impressed with their response with the advice they gave me which all proved to be correct and it just makes me kind of sad that we have to feel that you know we have to have somebody else to come in and protect us because from my personal experience i do not feel that i feel we have a wonderful cooperation council there's skilled they represent us in so many matters and i've said here in executive sessions and frankly just been amazed at how good some of them are so i don't have that unease so again it's it's not good you know i think this is a bad thing discussion in committee on this subject so i'll be stating my my thoughts and my thoughts are i i have to disagree with my two colleagues to my right at this time the theme personal you know and i wholeheartedly agree with the comments that mr obama had made a little while ago and i think this is just i have seen and have had you know first hand the guidance i guess that have been taken there is good yeah at this point due to some of these decisions and opinions they've had to to us so many many times yes i wish we had this in place for us to go i know we always have that opportunity but i'd like this place holder here to guarantee i guess of sorts that we have this many and were able to see the special counsel when needed and it will be vetted through this body we all will have our say in it it won't one single person's decision like yourself chair but all of us collectively so i am happy to be here to support this and see where it goes and you know hopefully we don't have to use them and them at this point out i believe yes as a whole there's a how to work in this county and the  us to get a second opinion on the on issues that we have concerns about it does not in and of itself give the chair or anyone or any individual chair the ability to initiate litigation this is simply for the ability for us to get opinions and then once we have those opinions then special counsel would come back and  us in executive session and at that time only would there be a further decision to take it to litigation or how we're going to deal with it i'm assuming that in the majority of cases if we're told that court councils right that will be the end of it and if are told the court counsel is wrong then there may be nothing more than just a discussion with core counsel the seawitch which argument may hold the most water i don't see this this is not a resolution to initiate litigation it's simply a resolution to allow us to have a second opinion and i think that's terribly appropriate at this time and the chair certainly feels there's a distinct be so for the i'm sorry mr crow thank you hearing is and we need a third step if we don't have confidence in the department of cooperation council and  i cannot support this resolution because it contradicts what i except that as supporting the appointment of cooperation council working what my legal analysts and  root the rationale behind this this resolution has introduced my chair why it is that there is a recognise need that we do need in handed advice on certain matters and in the resolution itself it has indicated of several justifications why we need or the necessity for a second opinion first of all it's the june eighteenth two thousand and fourteen mayor's issue of the employee communication directive now doing other previous research now i'm led to believe that there is there should have been more research done on it because of an opinion from a y p that such type of directive could be is and could be subject to a violation of the y p so that's that's one opinion the second opinion not second it the second issue is october thirteenth two thousand and fifteen the marry me to uniform information practices act request of  council regarding a copy of the minutes regarding the old way to post office now that is we need independent advice as to handle that as well we have several bills that have been brought to corporation counsel and have come back and one of the rationales that they give us is that under charter section three point eight subsection t neither the council nor its members shall give orders to any county employee e e or county officers other than those appointed by a blub so basically if you look through the code we give there's a there's more than our authority to pass laws i'm not sure but we need an independent counsel to give us an opinion and if you look at any physical or health issues that you may have or your family incurs and it's a serious health issue and the doctor your primary physician diagnose is something wouldn't you want to second opinion if you ever wanted to question it of course it's a given so these are serious matters that affect the way we we operate as a council under the guise of stepping in the shoes of their constituents or representing them and in terms of using taxpayers money to pay for a potential hire first independent counsel it's worth it because it is allowing us to do our job on behalf of the people to get the right answers not not an answer that is skewed because the corporation counsel is trying to protect the me air or  power to fire only under the mare so we have no control over terminations so it's inherently dysfunctional in that  by his or her discretion what communications go back and forth between counsel and ministration so when we do have these conversations with corporation counsel they not they are not confidential you know so when we when we're talking about these serious issues that we want answered some answers to i think we're entitled to having a unbiased opinion and it's been done in the past you know under linda lingle did ministration under a few other mayors but i i can't quote it right now but i know for sure under linda lingle signature ation a special counsel was was hired to give an opinion so i'm in support of this and it has been amended so that we're not replacing all the duties of the corporation council we're only looking at when the administration and the council have a conflict or potential conflict those are the issues that we would ask special counsel to give us an opinion on other than that everything else the status because there they have been doing a good job so i think you know this is the this is not a statement that the council is not doing a good job i think all of us are very impressed with the work that they've done on litigation and other matters this is simply in areas where we have disagreements where the legal research that has been done by our own staff is in speaking toys they should g tied over here before we hire a special cultural so that should be for pacific to it should come through this cultural it should be approved by the cultural i think it's that important upset sometimes because he i would hope that we can continue the way we are i think it is the way to go and a good as you could serves this cultural and the public business with what we have before us as good i could not support the bush before but i would like to think everyone put a discussion because we do have a lot of contention between us and had been is tradition and today's culture members  public over here were supposed to have been between the cultural and the administratorship that is the oversight that we have that is how we serve the public yes we have the digits but we need to work within the parameters that we have before on this resolution i can agree with certainly numbered three d but only shouldn't be if it should be when so there are things that i agree on but in general this is kind of an open ended so that means there's no real necessity if it's open ended but if this were to pass i would like to implore that either i don't know if we can put it in the resolution or not but what has been happen what has happened before certainly  when i was on the chair of the board of ethics we had a conflict and instead of hiring outside counsel we hired counsel from another county because they know the workings of county so i would implore them if this passes that we use another county because we have those agreements between the different counties corporation councils so that would save a lot more money than hiring somebody from the outside  but i don't you know i'm still employing that not pass because it's you know not open ended if we can we can't have it be open ended and if we have an issue and i and i still kind of have an issue with you know one person's representing i would just see from a historic perspective if we say it was true then why did every time as i understand council it took administration to court and we've taken some up to the state supreme court the court has ruled that the council interesting the court has ruled on the council's feet which means council didn't give the right advice that is history that is judgment by a court so i would say our betting average is fairly good when counsel had to take him initiation to court and my thing is that's not get confused between the differences between the branches of government and special or regular a civil litigation that is against the county as one unit i would agree cooperation c generally performs well but like baseball nobody so for me this is for those who need situations and if we would have done this if i have kept losing i would say this is not a great idea but it's interesting that the courts have ruled on the council's favor when we've gone to court and that tells something about the need of the council to exercise this option we have fish tree on our side precedents on our side and it was to protect the interests of the people of this county and the branches of government thank you members for the discussion service by so thank you very much joe i'll use my second opportunity just to say that you know i understand what we're discussing here and if we do not pass i don't feel comfortable because it just for one thing i think it's money we don't have to spend in you know we're in this austere situation here where we're watching every penny and the second thing is i think and each one of my members have brought up valid points and what i consider important issues that need to be addressed after reading this  and also the questions i posed to you yesterday mr chair when we were discussing we're just talking stories and i said i had some some still still some some challenges in my mind i don't think this issue should be talked about or even years has been solid but i also have experiences where i've had challenges sitting in your chair placement of mr carroll and missed by such and i had a question and i had three attorneys attorneys have their opinions based upon what they we and how they interpret the law so i don't put all the blame on corporation counsel and having an outside counsel coming in to give us advice is not a real bad thing i don't think that's a bad issue i believe right now mr goodman you've worked very hard putting this together with your guy named smith to chair but and i voted yes origine but i still have a few concerns and my main concern and i'll say this again publicly i was told the day i walked in by dan chair okama that corporation counsel we need to follow what their advice us because if something goes wrong and we've gone counter to what their advice was then we the chance of being left out in a call in other words defending ourselves and there's been some incidents of that also so with that in mind and all the other issues that have been discussed up and down i will not support this today i will ask mr goodwin if they can go and bring up something that's maybe more palatable but again i greet you this is not to take this issue to court or take this it is to get a sick you know pinion corporation counsel has said this is what we should do and bring in somebody else to agree or disagree but then the question comes that when that comes down if there are two differing let's make it a charter amendment and let the people tell us yes we want this and again spending money i mean we get blasted for spending five dollars more than we should have on something that's inconsequential now we're going to spend seventy five dollars we were putting aside ok but let me correct that i apologize but people perceive even set asides as spending money you know the public perception of what we do is anytime we mention a figure we spent that even though we may not  believe we will so let the public understand that if this was to pass and we put we're putting this money aside it would not be spent unless necessary but after listening to all of this really really looking at whole broad picture the whole picture i have decided that i cannot support this right solution the way it's presented now but i want to thank mr goodwin yourself and others because you've also brought to the forefront the importance of working together i agree we can't have a rubber stamp in this this chamber and the administration i wholeheartedly agree and we have to have something some adversity and maybe if you want to use that word or maybe some contention something a little is good for the i also would like to address a few comments that my members that i had indicated first of all if this if this resolution didn't pass we wouldn't be able to go forward and challenging these opinions because you do need an independent opinion before you can go and get it declared tory churchmen so we have these bills  pending that have that we believe are that conflict with the research that our council services has done so we can't use their research or their opinion to bring it forth to  done in the past by other counsel councils that have challenged opinions and these items that are listed in the resolution are things that we should be challenging based off of the corporation counsel's opinion i am not going after mr wong as for challenging his ethics i was saying that the position itself is based off of the harder is inherently biased because only the mayor can fire and i'm not challenging mr wong at all in fact he's the godfather of my second child i'm saying that there's the issue as to legal differently are in conflict with the opinions of corporation council on serious and necessary issues that we need to address as a body to do our job  so if there's issues as to the language i have more i am more than willing to bring it back to committee and rework the language if that if that is necessary  intergovernmental affairs committee committee report sixteen dash ten recommending that the resolution entitle relating to the appointment of a quick google to them all a kind planning commission be adopted  mr victory and i ask my colleagues to support the adoption of this resolution it's it becomes quite challenging in a rural community like ours to find young committee report number sixteen dash eleven recommending a county communication fifteen dash two to nine be filed despite this terror i move to adopt the recommendation in water resources committee report counties water in the billet policy the chapter establishes a policy that requires verification of a long term reliable supply of water before applicable subdivisions are approved your committee recommended water availability policy be retained and encourage the water of that direct water supply to assist with the completion of an updated water use and development then to aid the council in determining whether it is couch thank you chair and this is an annual report from public works in relation to new utility poles and if this in particular does not require committee discussion or work on the  that in the first sentence placement counsel permission required but in this particular case there is an exception and it's for one call it's on lower on off the line highway nothing major intrusive and i have heard complaints so i believe  clerk you have before you county communication sixteen dash ten from the director water supply transmitting to council the department of water supplies monthly source report and ground water use report for the month ending you have before you county communication sixteen dash eleven from council chair white transmitting to the council a proposed resolution entitled approving the appointment of kerry as a legislative analyst in the office of council services mr grossman thank you sure i move to adopt the proposed resolution entitled approving the appointment of shelley as i selected as a legislative analyst in the office of council services and filed the communications well as a progress of professional experience she is currently the employee relations administrator at maui electric company and in this role she is responsible for the recruitment and hiring process as she works with the organizations rules and regulations really to the collective bargaining and other employment laws before going to me co shelley was a legislative analyst for the maui county council for three years from two thousand and four to two thousand and seven as an shelley will be a very positive addition to the staff at her skills and her prior legislative experience will help her wrap up quickly i recommend the appointment of shelley a splitter as the legislative analyst in the office of council services and respectfully chair thank you mr good's unforgiving that background which i have no idea and i'm not so much looking at who the individual is and i you know will support this resolution but i have  some questions on the process so my thing is it's been nine years since the individual left our office of consul services so are we at liberty to clarify maybe mr rats can give us that information and have not reached that step yet so you know i just question how the process is done and i question pay that and at this time you can just step in and have that high salary because i know you have very good qualified analysts that are are burning midnight oil this to try and get the work done for us but i will support your i will be supporting the hiring of this lady however i do relate to what council member from ok is saying you know for quite a while now we've been concerned about the salaries and co services and we've been talking about doing a study and kind of revising it and getting it in better line and i would hope that we would get that done so that we won't be hearing this kind of stuff on the floor th able to take part in the interview process and if you would like to get involved in reviewing the salary setting and so forth i'd be more than happy to have some support their i'm very excited that miss s b leader has chosen to apply and then chosen to join us i think she'll be a great addition to the reports that we've gotten have been  mr chair the following county communications will be referred to the following committees as noted to your budget and finance committee county communication sixteen dash twelve from the community development block grant program manager of transmitting to counsel a proposed resolution entitled authorizing the filing of an application to department of housing and urban development united states of america for a grant under the community development block grant program and related documents county communication affairs committee county communications sixteen dash fourteen from council member current transmitting to council a proposed resolution entitled urging the state legislature to prohibit the sale in trade of i clerk mr proceeding with the ordinances for second and final reading you have before you bill number one twenty sixteen 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 and programs civil defense agency state homeland security grant s h s g program sorry about the trimming i was thinking it was something else of the fiscal year two thousand and sixteen budget for the county of mali as it pertains to part two special purpose revenues schedule of revolving special funds for fiscal year twenty sixteen affordable housing fun twenty fifteen approving the housing in the concerns department to move forward with their housing study and those are the basic purposes of those three bills thank you thank you members any further discussion on the site