you are aware i still have young children at home and every day when i do my council work i put on a different hat and be the dad and help my two sons with their homework and last night one of my sons had a writing assignment the homework was to find something in your every day routine to be positive about wow what a thought provoking assignment finding something every day to be positive about and write about it so as a good dad i combined the two assignments i was to do the opening statement today and also help my son with his writing assignment so i wrote my opening statement based from my son's homework question it was difficult to think about it because our world can get overwhelming and most often we get caught up in everyday actions forgetting about what is truly important the simple the basic things in life the question finding something every day to be positive about what is the simple thing in my life every day that is positive for me i first thought about coffee but when you but you know chair i have to research an analyze the facts before i can make a fully informed decision let's look at the facts of the alleged facts a cup of coffee looks good in the morning you won't fall asleep after a cup of coffee you can always warm up with a hot cup of coffee or you can cool down with iced coffee coffee does not come coffee comes with an endless supply of refills you won't get arrested for order and coffee at three am coffee is out of your system by the next morning you can make coffee as sweet as you want coffee smells and tastes good you can turn the pot on leave the room and it'll be hot when you get back they have coffee everywhere you turn and every corner that you go you can always ditch and dump a bad cup of coffee no matter how ugly you are you can always get a cup of coffee cup a small cup it doesn't matter if you have an intelligent you can have an intelligent conversation with a cup of coffee or just sit in silence and meditate with your coffee you really never have to wait too long for coffee it can be ready to go in fifteen minutes or less and coffee doesn't have to take half the half the side of your bed so thus my findings of facts and conclusions is as follows there is no other way to start the day i wouldn't function there is no way when i smell fresh coffee brewing my mouth waters and i start start drooling one cup is all i need to get through the day and one more cup i am racing around on my sore feet no longer touching the floor coffee gives me lots of zip in pep it puts a huge smile upon my every step and in my on my face and makes me feel like i'm running in place so tasty and good it's all so yummy it makes me very very happy in my tummy before i know my eyes can no longer blink coffee coffee coffee so good in every drop bouncing in my chair until i never stop coffee is my drink of choice you see i love coffee and coffee loves me it is coffee that i seek during long hours in committee to my chair and in my seat goodness sakes it is coffee that i depend on for exercise when i get withdrawal shakes so getting back to this question finding something every day to be positive about i think everybody should take a moment to enjoy and think about what is positive in their life take that simple pleasures in life smell the clean air after the rain feel the grass between your toes appreciate the gifts of laughter and fun in your life find contentment in knowing that you can always control your ability to look on the bright side stop and smell the roses or others like me a cup of coffee thank you very much chair and i'd like to wish everyone a happy and safe weekend god bless thank you vice chair grossman them thank you for those insights into your personal relationship with your coffee and with that i'd like to ask you all pursue music care for the record you have seven members present a quorum is present to conduct a business of the day proceeding with presentation of testimonies on agenda items we've established limited telephone interactive communication that enables individuals from honolulu to provide testimony from my district offices individuals who wish to offer testimony from ho sign up with district office staff individuals who wish to offer testimony in the chamber please sign up at the desk located in the eighth floor lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda and pursuant to the rules of the counsel each testifier is allowed to testify for up to three minutes with one minute to conclude if requested and when testifying please state your name and the name of any organization you represent office please identify yourself and introduce your first test in the council chamber the first individual to testify in the chamber is a willing street girl testifying on committee report fifteen dash one thirty eight to be followed by good morning my name is going to go ahead yeah the news when street go and i'm retired i'm seventy three years old i've lived near highway almost fifty years on maui for forty years i live in haik u and i'm talking about the number fifteen one thirty eight or that's the agenda number it's having to kind of do with the the water thing a country and in the process i've been working with the county for three years to subdivide my property and the water bill i supported but i have to water meters the part of the bill that's more pertinent to me is the section for it how to do with they're leading or adding to it subdivisions to exemption for road widening and that's very important to me personally i've already spent a lot of money with engineering but so in the future other people will avoid that cost and i'm very close to having the subdivision approved but then i'm still looking at the cost of the road w they're you know that's for me i'm just a private person and it's a lot of money and so i'm grateful if that passes it's a surprise for me and it kind of like i was prepared to dip into my savings to do this but you know it's not often that if he'll call people get a break here i see a lot of people from other places getting breaks your but i really support the water thing you very much for coming this morning you know we were working so hard on the fire exemptions and my fear was that if you got a meter because you could have fire exemptions and you'd have a problem with what you're saying about the cost of the road you know you might not be able to go ahead anyway so we're happy that we were able to work that out well can you give us any idea of what how much money we're talking about for road waiting you know we've been working on the engineering part of it  you know it's really get complicated and i haven't even tried to go i see it research the cost because i don't want to get freaked out about it but my sense of it because also just i live in the country but i still got to pay the paid my personal driveway part of the subdivision right which you know i got a perfectly good gravel driveway but the rules got a paved and so that's an expense right there probably eight to ten thousand something i don't even want and then the road in front of the house you've got to pave it all the way to a twenty foot road so there can be a long ways for me it's almost over one hundred fifty feet i meeting you know twenty to twenty five thirty thousand dollars you know it's a lot of money out of my pocket or in retirement i think thank you very very much you're exactly the kind of person that  it for the coalition for tobacco free hawaii i am here to testify in support of bill number sixty one smoke free bus stops i'm going to stand by my previous testimony and i think we all know that this is a right you know a jim smith testifying on committee report fifteen dash one thirty four fifteen dash one thirty five fifteen dash one thirty eight bill number sixty six and sixty seven mr smith will be followed by helen b i'd like to address first of all p r a fifteen i guess it's thirty five which is a proposed resolution to the counties association regarding a just that amendment to our sunshine ok and in spite of whether you're for or against you have to recognize that this these words mean something ok and it wouldn't be a sunshine law if it weren't needed and so you only should do something if it's needed ok so if so i would suggest that this proposed change is unfinished ok that's really not thought out carefully and i say that for two parts of it one is that it says a public meeting so that you are quote free free is an interesting word to use for you because  independent individual and you're not by office independent and individual so you have to adjust to that and we have to accept that and so it's this deferments of will to this  really right to do that that way it's this difference that you give us that makes this system work and you're abandoning that if you don't carefully consider your words and this resolution is not carefully considered because number one you say any public open to the public meeting open to the public well if you have a meeting that i have to pay a thousand dollars to that's open to the public i don't get to go and it's open to the public so your resolution should consider that and include in that something regarding what that open meeting means it also contains this reference to an entity or other entities and it goes on to say community but it opens this free association to any entity so you're getting deep deep deep in trouble because you're going to have to decide to go to the shock  progeria all public media and you're going to have to have rules to do that or not or it doesn't really matter because you're free yeah well if you're free then i'm free to and we don't need government all we need is a strong hand or a fast foot and that's all we don't need the words and that's what you do if you fashion these words and you protect us so i ask you to take back point and this is this is important to me because i think in a big way sometimes and this has to do with the planning committee report i think it's fifteen thirty four which it changes for a specific project it changes the law so it's a special privilege should these guys it's done for them it's a special privilege  mistake about it and the problem with this is the resolution doesn't say specifically that this is is applied to this condominium to allow for the use  single family homes for rental ok it doesn't say that in this thing but what we need to think of in the context is you're changing  to a hotel this flat this single family in a time when we need affordable housing when we have water crisis when we have all of these types of things you're allowing for an increase in density from duplex to single at the very least and you're not thinking about that consequence in terms of all the other changes that happen that really destroy community plan boundaries because when you take this nineteen and you say it's ok to do this and then in your community plan boundary you have a boundary for a single family residential or or a bound one you've just thrown the whole thing into freedom for the guy who can understand the word to make what happened to happen or survival of the fittest or might makes right but certainly not governments by what you and i believe is necessary to keep us together to keep order in line to keep peace to keep family all those things necessary for this political system and you're abandoning that when you act and not apply to the big picture and you're not doing it with this particular ordinance so i'd ask you to refer back this particular committee report that's my testimony on the planning committee so i'm i'm  saying basically the work is not done on that ok the next i'm saving the best for last which is my testimony on the the proposed water meter thing has to do with the implementation program of the molly isin plan and in it you change existing and current revenue sources to alternative revenue sources which basically is an airball because you include potential you can do to all that and all those things but you haven't identified in so what you're preempting yourself so when you want to decide a question of funding and here's an alternative source that doesn't exist in the doesn't matter what we do and you're ignoring the fact if you pass this out on second and final because you've got to take that into consideration but the molly island plan is a general plan in the charter it says basically we're only supposed to do a ten year revision and this has been done revise five times the work has never been done right it's just a continuing change and what that creates is chaos what that creates is insecurity what that creates is going into your hole and waiting to make sure things are safe and not relying and trusting each other and that's against our system in which the law allows for good comment will not my wit or your will and this is what's happening here in this chamber as you're being distracted on that this mistaken idea that i meant not hers right underlying principle and we've got to elevate i would hope you would look with regard to that bill to cure this to replace current existing revenue sources with alternative potential sources in our planet it's fourteen well in any event and my conversation testimony i said conversation did sound the like i'm sorry about that but that has to do with returning back to committee right that bill number sixty six bill number sixty seven is on for my testimony i would say the same thing about that bill number sixty seven regarding aloha family care ok all right so you're changing to make it an accessory use this is the fourteenth accessory use and agricultural land that you have created now where does a community plan boundary fit into that picture when you have every assessed three commercial agricultural venue whatever you want to do in ag land you can do it regardless of what you call it because words don't matter so you can call a hotel room vacation rental or home occupation which is a storehouse and selling all you can all call that whatever you want to because it doesn't matter so then when you get to a community plan boundary and you're asked to say as a council to decide a question about a particular district and you've got fourteen damn different uses within that district and are permitted what difference does a community plan boundary make and that means what difference does planning make and that means what difference do i make and the answer is by you a proceeding nothing you make no difference you vote for maliki and we've heard from out of the before and that's the political ideology that you guys are being caused to fall end of day this is right everybody sees it that simple i don't need a language that's pono from my perspective polly perspective well any culture perspective and that's what you have to govern by not who's bringing up the bill whether or not somebody testified in the first reading ok and brought up a good point the second but you can move it out big can't change the track or i'm not going to take it back to committee because this is an injustice to allow those people to waste their time advising us and we make our decision and take it that's not paul no if the reason is good you do it if it's pono and that's what we've got to get back into the game and that's what's being taken from this water bill you have to understand where this comes from ok this water bill ok comes from up bad bad mistake made in one thousand nine hundred two by the board of water supply appointed by linda  said that's the rule and you didn't have a public hearing oh yes we did yes we then went to the supreme court supreme court said yes it was a rule you didn't have a public hearing we've had the list we've had stumbling and bumbling we've had people suffering we've had you guys go in there and stop the list nobody's going to be able to apply now and now we come up with this and one of the provisions of this is there's no cause of action our intentions were good there's no cause of action but what we're doing ok and that to me needs to be looked at you shouldn't be admitting it's wrong to begin with so when you say it's our intent that there's no cause of action the first thing to think is there's a cause of action if you look at what's happened you can't help but agree that there's a cause of action members of this council past members of the council have had to pay that money to do their subdivisions know you're saying but they're special people you don't have to well there's a constitution that says you can't have special privileges and this obviously is a special privilege and then you're going and you're extending it into the subdivision chapter title has nothing to do with water you're extending me examples in there and there's no connection between water and the exemption you put in your subdivision ordinance so you're exploiting it around on the mistaken idea that this mistake will make it legal because it's not special because you did this stupid thing but the whole point of the matter is you're not solving the problem ok you're of voiding the problem and the problem is it's wrong it's bad it's not pono and they've come back time and time again and said do this do that do this we will do this we can't do anything they're not even better communicators they're not managers that can do anything so i would ask you please return this bill to committee there is nothing here it's all a shifting of sand and it's violating the trust that people have been setting up this special circumstance  at a special time and what about the others and it's not your game you're supposed to protect all of us no privilege special privilege should be limited to a few and you're doing it the language has to be simple so i can understand all of this is in our constitution so i would say at the bottom i do not think if you're going to do it bad and it looks like these items i've talked to the morning chair and good morning county council for this opportunity to give testimony in support of smoke free bus stops my name is helen barrow and i'm testifying this morning as a private citizen am a tobacco treatment specialist and i have helped people quit tobacco for ten years now and one of the items that we address in this process is how to avoid triggers so i'm just asking a rhetorical question what do you think one of the big triggers are for people that are quitting tobacco or trying to stop being it's the bus stops and people report oh i was doing so good and then i went to catch the bus and i saw my friends working there and so i believe one feature of having smoke free bus stops would eliminate this trigger people that are trying to quit it would also eliminate the danger of second hand smoke at the bus stops and most importantly remind adults to model healthy departments that you work in which we need to we need to do some checks we need to get india and find out what's going on i deal with this department on a daily basis so when i got forty years experience i'm not coming up in kidding i don't need to waste my time coming down here i can stay home and do my work make money and forget about life or maybe buy another place instead of trying to divide my land up and cool that it was originally zoned for half acre zoning and i can't even do half acre zoning up in there because the county facilities standards that was set by the fire protection is way too high for what for what this colony can afford for starters and what the people can  afford we came up with a new solution was the fire not a new solution it's been in the books as the gentleman said it's there it's just not a detail or private fire protection it's been there for years we just brought it to light now that it can be used to save lives i give you some examples about it i've also sent to you what the original bill what we want it what not but from my forty years of experience that's what i put together the wording that we are to the county accountable it holds the person economy if you zoning was what it is it's something that if you look at a country there's no zoning changes we're not coming in here for zoning changes what we wanted what we're paying for in our taxes and that's it we're looking for the tree lot so less to come back because they're doing front edge improvements and improvements that is unnecessary for right now if you can defer to a later date that would be wish it was easy easier which we sure were better wish for less problems wish for more skills don't wish for less challenge wish for more wisdom and it was  by john run i'm saying we need to do better and we can do better this time is a good one it starts it's a small step and like to say a small step you know for for us here but it's a big step for a country and we need it we need more please help us i'm not going to say we're putting because we've been praying and we're going to continue doing it but do what's point to make it right for everybody in this community mr dupont was the last individual that had signed up to testify in the council chamber if there's any additional individuals in the council chamber or at the district offices would like to offer testimony please identify yourself to the office are there any additional testif mr chair there are other individuals in the district offices nor the chamber who wish to offer testimony thank you mr clerk every received written testimony mr chair we have received written testimony proceeding with committee reports you had before you from your budget and finance committee committee report fifteen twenty seven from the budget and finance committee that recommends to following that the resolution as revised entitled authorizing acceptance of a contribution from mali timeshare venture l e l c to the department of parks and recreation pursuant to section thirteen dash eight revised charter of the county  committee may therefore fire the correspondents dinner committee voted ninety zero to recommend the filing of the correspondents i asked for the council support for your committee's recommendations thank you chair thank you mr goodman members any further discussion on the site read by the clerk your community knows that the claims alleges damage to nelia vehicle resulting from a collision involving a department of police vehicle on april twenty fifth two thousand and thirteen the claim consists of vehicle repair and car rental reimbursement costs and the reimbursement of missed by the gong's insurance deductible committee voted ninety zero to recommend adoptions of the resolution and authorized settlement in this matter for fifteen thousand four hundred seventy dollars and five cents i asked the council support for committee's recommendations thank you mister members any further discussion  committee report number fifty one thirty recommending that the resolution entitled authorizing settlement of claim number twenty four twenty twenty dash fifteen guy call be on behalf of it no thank you chair on august twenty fifth two thousand and fifteen your committee met to consider those resolution to authorize the department corporation counsel to settle claim number twenty fourteen twenty twenty fifteen as read by the clerk  fourteen counsel noted that the county owned and maintained the tree prior to the incident the department of parks and recreation had been informed the tree was disease and needed to be removed your committee voted ninety zero to recommend adoption of the resolution to authorize settlement of this matter for eight thousand six hundred eighty two dollars and one cent i asked the council support for this committee's recommendations thank you chair thank you mr grossman members only for the discussion s police vehicle on august fifteenth two thousand and thirteen a department deputy corporation counsel noted that reginald yap allegedly sustained bodily injuries when a patrol vehicle behind his vehicle failed to stop in time in rear ended the requested information from the department of police concerning remedial training of officers involved in avoidable driving incidents and statistics on such incidents involving the department by correspondence dated september sixteenth two thousand and fifteen the chief of police provided a response i request the clerk and i believe he has done so to distribute a copy of the chief's response to the members for information on today's meeting i asked for the council support for the committee's recommendations thank you i would move to amend the second condition of sony or deleting the second sentence in a condition which reads the following be to community business district excess or uses show also be prohibited all over tory imps uterus and newseum including fitness centers private clubs and dance holes automotive services upholstery shops owning or canvas shops beach ball that component and i also agree that might that would not be too prohibit the photo of what they are so or option for property owners so that would be  a cultural share because i do agree but if it makes it simple and we don't have to go to a lot of major changes i'm not sure of this by making that change that mr okama suggested because that's similar to what i was going to suggest committee report fifty one thirty four recommending that the resolution entitled referring to the planning commission so proposed bill relating to vacation reynolds planned developments be adopted mr carrol previous positions thank you any further discussion members the chair feels similarly on this item so any further discussion members legislative package a bill to enable council members to freely attend community and educational meetings be adopted current interpretation of the sunshine law limits county council members in their ability to jointly attend a very very is community and community meeting without triggering very sweet quire mance and restrictions the proposal would make it easier for council members based on beatings that are open to the public at no charge you recall whether that's part of the resolution or no i don't recall that mr chair i know it's been part of the discussion but it's never been happens when like we go to a conference and there's an order when there's an educational presentation and it could mean that people could not attend because they can't but we were looking more at community type meetings which had been a real hindrance to us when we were asked to attend a prison titian of one of our community associations and we're limited in going over forums or whatever it is that public i think more of an emphasis on public we're more concerned that the public can go and we cannot go and there is a perception by the public that we're not there because we choose not to be there and people don't understand that we are prohibited from being there and so we want to clear this up but i really would ask the members support i think it's important that we have the discussion and we will be able to have it unless we get it in the package thank you thank you i'm not suggesting we need to change the current as i  excused for the record resolution fifteen dash one twenty have before you committee report fifteen dash one thirty six recommends that the that county communication no thank you it's hard when your vice chair is not available some types everybody looks at each other but they can still come up at a meeting of august thirty first two thousand and fifteen by a vote of nine to zero your policy and into government affairs committee recommended that county communication fifteen dash two one six we linked to intergovernmental agreement with the united states department of interior fish and wildlife services the negotiates settlements  whole after a brief discussion on the matter your committee noted the consideration of the matter by your committee of the whole may be more appropriate because it relates to a no go she went on a sentiment i re  zero nos two excused mr clerk you have before your committee report fifteen dash one thirty seven recommends to following one that the resolution as revised in title urging the board of directors for the  health health system corporation to require transparency transparency requiring rate set on a setting and patient service to be adopted but county communication fifteen dash to do one also be filed your committee notice strong support for the proposed resolution stating that well it is pending partnership is not within the colonies review the colony the council should support transparency to ensure that the affordable health care for its residents of this county and i would like to think mr cochran for bringing this forward and the u b w for their support and i would respectfully request health care and hospital services for our region mr chairman as its chair stated very candidly and straightforwardly that they will support transparency and can give the community be very hours of discussion with members of the committee and the various departments at its meeting of september second two thousand and fifteen the water resources committee voted six two zero to recommend passage of a proposed bill entitled a bill for an ordinance amending chapter fourteen point thirteen and section eighteen point twenty point zero four zero code relating to water meter issuance provisions for the upcountry water system i am very pleased with the bill and the way that everyone worked together to come up with a solution to help some of the more than one thousand five hundred applicants on the upcountry water meter priority list obtain a water meter it's a small step but it is a step in the right direction costly fire protection and street upgrade improvements will no longer stand in the way of some applicants that want to buy i know that many of our families that have been waiting for so long to build for a family member see that dream come to fruition this is a step to provide affordable housing at its best i respectfully request consideration of the motion and thank my committee members the hard work that they have done in this committee to bring the bill here today thank you thank you miss by so for their discussion members mr subdivision into to develop a lot under this subsection shall not qualify for the exemption i understand it would respect to any subsequent re subdivision by my concern is under the receptivity again which might not my understand what the current sliding scale permits i'm going to suggest that we take our morning break and give co council some time to ponder that so let's take our morning break and please be back in your seats at ten thirty five and figure in recess crinkles or potential claims against the county that were country in other parts of the code and i just wanted to make sure that as we move this forward we can be implemented in a manner  that will provide the relief that the community and the council is intending with this adoption so thank you very much chairman i don't think the intent was to allow for any any further subdividing on looking it up it's really important you know again we're making legislation with the best intention trying to look at all the possible things that could go wrong and you know we try every bill that we do i know we do this concrete and we will watch it very closely to see how the implementation goes if it if it's the will of this committee to pass it thank you thank you any further comments or any further discussion just for informational purposes we do not have to approve any of that committee and finally we'd like to think for services at that with the cost of government commission we should continue success i would like to provide to the council correspondence received from the director of housing and human concerns and the director of transportation relating to their evaluation of grants appropriate to grantees under their members may i request the correspondence from the director of housing and human concerns and the correspondence from the director of transportation be referred along with county communication fifteen dash three nine to the housing human services and day tomorrow it is my understanding that the commission will be visiting military to take comments from our presidents and those interested in giving comments of how this proposal may impact will occur i would like to have to give their unbiased comments before counsel makes any determination on my proposal and again for those that have a chance to read my proposal is about requesting the commission to consider all other business piece models that are pertinent to island island based generation needs as well as address scenes specific county needs of energy and especially from our county so that's what i'm putting forward and i we can have also more discussions at the next meeting but i would have said to ok this clerk will move on to ordinances proceeding with ordinance for a second final reading you have before you bill number sixty one twenty fifty a bill for an eleven point zero seven county code the prohibition would encompass an area extending out from the bus stop sign and the footprint of the bus shelter in every direction by twenty feet if  effect november one twenty fifteen i ask for the council's full support of the motion on the floor thank you describe any further discussion mr victory no thank you first of all like to think of for bringing this forward very quickly so that we could action on it there's a lot of work that has been put into this and i think this is what i called the final cap as far as smoking in public facilities are i hope that this will encourage people who do small to really take consideration of quitting i mean you know that's something that we'd like to see everybody quit smoking i think the state has also taken the other positive action of make raising the age to twenty one to buy tobacco products so there's all these indications that we should as a community and as as a as a as a group stop smoking and it's shown to have harmful effects in all aspects of our lives and secondary smoke industrial project the subject project was formally use force in minute and a script middle recover recovery facility and has undergone extensive slate restoration activities in preparation who proposed industrial uses this item seen none all those in favor please signify by saying i i was opposed say no as your passive a seven eyes or a nose two excused mr clerk you had before you bill number sixty child care day care within the agricultural district and so i'm very happy to see our ordinances be consistent with the state i asked for the member support is something that's  needed the language had been amended during the committee to include it would be permissible within a legally permitted form to outline so that is specific language that was amended to it but i guess i'd like to