identify who you are and or their organization organization which you represent and go ahead and check in with our district offices on the ninety district office are you there i think is there anyone wishing to testify testify ok thank you ladies we're going to turn tension to the chambers please call the first testify there's only one testify or signed up at this time and that is thomas cur  softball basketball there's been a huge shortage of fields and adequate things for our children to use over here on my way so with this new sports complex that is come up that is going with between the state in the county i think that i do a lot to improve and bring much needed tournaments to and teams tamale excuse me we get teams from other islands and from the mainland to help support our sports with the new changes in the maui county department of parks and recreation i see huge improvements the permanent process and a maintenance of the fields is greatly improved there's no doubt by entering into an intergovernmental agreement between the state board and natural resources would be the best for the sports complex and for the future of our youth there's be for ever had a lot of trouble i've been coaching for a long time now and trying to get fields for our kids to use and to keep them maintained it's always been a situation in the county now it seemed more focused and working really well to maintaining our fields and we just want to make sure we keep that going in the same direction and i think having a  good afternoon everybody my name is fifty four currently president centrum ali little league baseball we have approximately six hundred thirty seven kids ages four through seventeen for baseball and we have a changes for spearheading this project in given the opportunity to have a sports complex like this and i would be in support of the colony to take over these fields as soon as possible thank you five teams and seven hundred sixty one kids well there's fourteen practice field so if you do the math you are very very short of fielitz i think we would be safe to say that there's probably thirty to fourteen thirty to forty teams a day maybe three or four hundred kids that are not practicing every day with a shortage of fields just for baseball so i'm here in support of the r fifty four things you members  other alternatives do we have in that regional park as it is right now to have accommodated some baseball games or practices right now last week was raining very hard trot syndrome ali so i wouldn't say that that would have really helped us but it would help us in the fact that when we have reno games will be able to schedule more games throughout the week using two fields or multiple fields those additional few it would help us get through the season quicker because right now all we're doing is pushing back the season the problem that we have is there's a deadline date for us to have all star tryouts or selections and and getting are permitted for fourteen fields for practice and that's all we have there's other sports going on softball except that it's dedicated for them as well so we're just using lies in whatever we have so if there's more inventory out there for us to be agenda item number are fifty four the committees in receipt of the county communication sixteen sixty eight from the director of parks and recreation transmitting a proposed bill entitle the bill for an ordinance authoriz mayor of the county of maui to enter into an intergovernmental agreement with the state of hawaii board of land and natural resources relative to the operation use and maintenance of the central my original sports complex the purpose of the proposed bill is to enter into a intergovernmental agreement with the state board of land and natural resources for the operations maintenance and use of the completed phases of the central maui regional sports complex the  may consider whether to recommend passage of the proposed bill on first reading with or without revisions the committee may also consider the filing of county communication sixteen dash sixty eight and other related  actions members the central my regional sports complex is a development undertaken by the state of hawaii on sixty five acres of the state land located along we need highway west of elementary school and is a lot of phase one was completed in march two thousand and sixteen and opened on march twelfth two thousand and sixteen it consists of twenty four acres of the sixty five acres  with multiple purpose fields to regulation softball fields two conference stations and a concession stand and two hundred parking stalls landscaping and irrigation well as storage tanks on february nineteenth two thousand  sixteen the state turned over management and operations of phase one to the maui county department of parks and recreation and phase two is underway on february twenty sixth two thousand and sixteen and this project was before the council in connection with a request by the parks director for a three month right of entry to allow the county to enter the property for operations maintenance and public use of the completed phases of the complex the bill was passed as ordinance forty two ninety six and the mayor executed the right of entry on march eighth two thousand and sixteen which will expire this coming june thirtieth two thousand and sixteen today we have before us a propose bill to authorize the mayor to enter into a much longer agreement so this is not a extension of the entry we're immediately going straight into the understanding and agreement that will allow the continued public use of phase one and other phases as they are completed the propose a green it would and upon the transfer the complex of the completed complex to the county or terminations by either party on thirty days notice with the temporary right of entry that recently came out of the council members  expressed some concerns which were which we did didn't really have an opportunity to address but today we are going to address those concerns and if need be expand further  this issue out considering that this is not just a plain right of entry extension this is the actual mutual agreement of understanding so we're basically going much anticipated pull him in early when we voted on the right of entry so today i've invited the esteemed officers from the state who have been involved with this project to answer our questions parks director if you'd like to give us a brief summary of the project to da are transitioning to senior softball as well almost at a park is be heavily utilized as well as the colony residents using that as a for walking walking area so those who have been visiting there's a great walkway walking path that you can currently basically what we're looking at is what you need to be reading or at least reviewing is one of the county's actual requirements our obligations and what are our responsibilities regarding this type of consideration if you need a moment to review it we get recess in the mean time i would like to call on maybe some of the state representatives to maybe give us an update of or some packed ground on this project to date is there anyone on the panel that would like to say prefer opening statement on this memo of agreement for several years just to give some back it was probably started june of last year when we really started to have very substantive discussions  see as this whole project is a partnership and collaboration of you know various agencies and especially in providing the types of all recursion opportunities worked together several years ago and it started it all on the design phases we continue to work together as the park is being developed as far as little memorandum of agreement is coming to a point  because of the types of amenities and facilities that the park has that was agreed upon that as significant portions of the park are complete it they can be county and state the colony and as the are managing and operating the completed portions of the park at the same time while the state would go in our is constructing to complete portions of a part so in conce memorandum of agreement was to all two things to happen at the same time you sort of finishing the construction part of the conditions of stipulations before you identify  operate maintain aerials so the short of it is the memorandum of agreement is based on that and the respective responsibilities of focus on those aspects year where we both agreed that we should get our respective legal representatives consuls involved so all that's where all the legal stuff was involved so from hence there on it has been a combination aside document to do tomorrow we colleen parks to operate the park once that is done them away with no longer being effect i just want to point out thank you so basically this is for all phases phase one through it's being turned over as it is completed ultimately at one everything is completed they'll be a set aside of the land disposition to the county for the operation of the  order yes right yes but pertaining to this document this is a mutual agreement regarding all four phases that the county is taking responsibility for the tenants in the operations of it and the liabilities that go with it yes it was through the colony as well as the state was certainly forethought in going with mutual agreements per phase once the phase one prior to phase of wind specifically going into an mutual agreement for phase one and then one is that that's completed going to another mutual agreement for phase two and then another one for phase three just because the other all in that process we're fortunate to have i guess the contracted it started with phase one to continue on to freeze two into theories three so we were thinking of different options but we believe that because of the seamless a progression of construction to be completed and because of the way the project was phase two three or four times we felt perhaps it might be more efficient more effective if we can consolidate it just identified that the project is going to be phased on the other part is deadline or urgency to pass out this memorandum of agreement aside from the expiration of june thirtieth for the right of entry and i'm saying that only because  received this our committee hearing here recently received this transmit on april first which all members were in by chit so all our standing committees were held and  so this is the first we've heard of it and with this is the first that we're aware of dating it through and it could possibly take more than one meeting to get through this agreement and some of the terms and questions but b extended i notice that in the agreement there's an extension and one of the clauses to standard right of entry so if we don't get through and it's very complex and i have to let people know that this is something that we need to take our possibility of this being deferred so that we have more of an opportunity to go through it and vet it through i don't want to rush this committee considering the fact that we were rushed the first time during the right of entry where it went straight to just having a few days of notice that you needed right of entry and we circumvented the this committee's ability to review it and went straight to counsel without having the opportunity to ask those questions and had read had that opportunity maybe this process would have taken a lot shorter time but now we've got a backtracking and ask all the questions that we weren't able to come up june thirtieth to allow this committee more time to go over this agreement which is going to obligate the county with i would say a substantial amount of  and responsibilities we would like to have that opportunity to it's not that we're we're or against the project in fact we all are i can i pretty sure i can't speak with authority but pretty sure of the feelings  t i have is i really like this project and would like to support it for children and for the community issues that we need to take our time to make sure that our responsibilities and duties are  requested by this body so i'm just wanted to inform you that thank you but there wasn't it wasn't in the right of entry itself i'd have to look at the right of entry but i just remember it being pretty pointed comment from this body to the staff in the parks department that's just a bed that can only be changed if you want if needed more time to review this i probably have one additional question before we delve into the details of the agreement can you give us an update as to the i guess the litigation matters that were  part of this project with the molly lonnie community associations or some of the neighborhood that had objections to that project and whether that those issues had been resolved and what steps have been you know i had a talk with the attorney general's office and basically their response to me was that kind of limited no one can say because of the pending appeal so it's basically that all  were dismissed at the trial court level the playing of have filed an appeal but eliminate the final judgment issue that may send it back down to the trial court level but ultimately when they fix the form of a document of a final judgment the attorney general is expected to go forward so that's pretty much what he advised me i could say as far  litigation matter but but as far as what would what an appeal decision welton that we would say is really hard to see right now and how without impact i think the final operation of this part whoever's operating it pertaining to whatever it is i don't believe they directly are for involving the county so it states the state shall be responsible for any damage or injury caused by the state's officers employees in the scope lawsuit so if anything were to come from we hope the state would hold up its or be responsible for those matters not the county thank you chair or on the document is written in that the ended up not putting up the invites but it is understand one softball field and one baseball field be stopped with the electrical and meaning in the future if there is a desire to concerns and we did a number of studies noise study traffic study and study and those studies resulted in minimal impacts furthermore we went and also tried to go one step further by obviously what russell said we're not putting up lights however in the future there's a possibility that the county could put up late stages also remove a baseball field that was planned and that was taken out of the school  limited field it's in our report back to the planning commission to only three fields on the parking lot side of the park so we're looking at the park at the inn on record the department is saying that the were only going to allow for lights on three of the ball fields so it could be one softball one baseball and maybe one soccer field there was other mitigation in it eventually as far as the traffic i think  in the future i think when he does come in and do their development they're going to be required to put in another intersection we should mitigate the chaff somewhat of traffic concerns certain degree although you're going to hear noises there's the there's ways that we minimize it is not going to be absolutely no stone does obviously a park but i think to the extent possible we tried to mitigate it to some extent that suggested some of the concerns of the adjacent community very cute follow up question on the the impact of traffic traffic impacts is the proposal to integrate another money i think that's going to be really want access right now i think that's going to be up to the state legislature to see if that funding could be appropriated in the future but i think if that was appropriate by the legislature then the state would be involved but that's a decision i think up to the legislative legislative members that would be part of my concern on the additional access and whether that could be a condition   tire in b development is when that second out says well it will be accessible in the meantime though just because an emergency row will be gated but as an emergency road and exists to have a two way access point but the questions before we get into it so why don't we go in and start with the exhibit one to the attached resolution and we're going to look at the introduction this is on first page there everybody pretty much can read what the complex entails and i'll read it for the record  a complex will comprise of a lot of four softball fields a quarter for little league baseball fields open space areas for multi use field such as soccer rugby fields to comfort stations to concession stands parking area pathways and landscaping my county expressed interest in adding other park elements such as playground soccer field playing fields t a question on the second to last sentence county's expressed interest in adding other park elements such as a playground and soccer playing fields is that just to kind of allow us to do that or i mean it kind of seems the agreement that we are expressions just through it and it's an idea that might go forward sooner rather than later because it is part of phase one that open space area thank you does that need to be specifically yeah i mean if they're saying it's ok if we put some in but it would be at our expense kind of thing i'm fine with that but this and again this whole thing goes away when it gets turned over to us which i have some issues with that well as well but so this is saying and maybe if we get on record that's enough that it's ok if we decide to put in in something and most place use area phase to clarify and to put some statements on record so that in case we need to go back and have a transcription to make sure that is what the state said of so moving on for the terms now we're going into the conditions we have a completion of the complex and i'll read it for the record number one the state shall complete the construction of the complex including phase one through for all easement entitlements design and construction required for the implementation required for the completion of the complex subject to legislative appropriation allotment of the funds through the executive budget process sufficient to cover the costs of completing construction of the complex due to available funding it is understood that this may not be able to form may not be able to include facilities such scorers bleachers additional lighting and other elements so mr what does this mean to ken lay mince terms number one yes i don't want to get into into detail over legal analysis on an agreement but basically it is just as the states responsible for building a complex out there it has no responsibility for the county thank you mr  project's been completed in fees is there's no guarantee that they'll get the money for fees two three four much less or you might get caught much like this body can cut funding for certain projects so they can't guarantee any of that that's what that statement s while it's all in the preliminary plans and drawings for this whole project moving forward things funding so i think that's the purpose of that statement thank you if that's the case then if they decide to cut definitely will complete the facility with the teachers what have you but what you folks determine to be their elements because it just states scores with bleachers additional lady and other a viable project for the county to use with or without the bleachers it is still a viable project absent of these other elements that are noted here i think to all the elements that it is going to be  ability basically you see on the plan you have x amount of dollars so i think this leaves it open to the county to come in and scoring booths which is is in bleachers lighting scoreboard or all our prime focus is to pretty much develop the fields the all four softball fields the four little league fields soccer fields to come for stations to are funding the the construction of the complex but due to either the amount of monies we have or the contraction costs that are prevailing we are basically seen on the completion of a would did the community decide what kind of fields are built for you folks to say what kind of fields are built or how how was that determined all i do believe that as we were planning all the complex we also one park area sixty five acres with solicited in phase one that's that's a complete list of what you are in the state is responsible for building anything anything other that you were to be considered at least once the checklist has been completed it's considered the phase has been fully completed where is that checklist and just for making sure that the responsibilities are are identified and i'm referring that to the first paragraph where it says other elements which city state is not responsible for i want to close i guess each phase because it was separately a separate package is each one has a specific scope of work as described understandable when the project is completed essentially will happen is the state will accept those improvements that are built into each project package and at that it will basically notify the contractor that the state is accepted these improvements and at that point in time the county would take know that you know what has been i guess agree what is their responsibility what is what is the the specifics of what the phase t we say hey you guys didn't finish the landscaping and then the state says oh no that's under the other elements that's all you guys the county you guys in just the landscape and that's just an example you know and that this whole term of other elements is so vague in general that if we don't know what your true obligations are we cannot call the state to do it they'll use the catch all of that's the other elements so that's on the and if the council doesn't have it will be happy to share those projects packages with the county so the county will know exactly what elements of work are within each fees yes that that would be very helpful considering we didn't get it from the department that would be very helpful if we could have gotten at least some access to how this whole process came about ski's my i don't want to get my heart blood pressure going but i am i a lot of times you know i just let me let me just say this if i that a lot of times we get the tail end of things and they were hurried up to make decisions when all along if we had been informed and have at least having some type of data that was transmitted to this committee maybe read p ahead of the game at this point but as it is we're basically asking for that  that would be very helpful for this committee if we could see those package and to see specifically what what these these haters are the vendors of the contractors are obligated to do and that way that we that we would have that send so then that way if ever there's an question as to other elements we're kind of know it's what we're talking about can we get that it's just for some clarification nothing in this m o it just can make the county be responsible to build something i understand they'll be other pressures and stuff on the county and the council to do certain things to complete a park but nothing in here says that we are required to complete it if the state does not fulfill it also this agreement does state that we assume maintenance once we start using it so if there is a section that the parks department has  gone through the allowed inspection process with the deal in our and does not see that it's up to you know their specifications in their car minutes i would imagine the parks department would not use the area therefore we would not assume responsibility and i'm sure i'm sure if it got really bad we do have the right to terminate this agreement so i just want to clarify that so that there are options there thank you that it wasn't that i was questioning that aspect of it i was questioning what basically what is the responsibilities what are the specifics as indicated in this first page of the doc and  had mentioned all phase one this is all that has been completed but when you lead into phase two it seems that this is an incomplete list so my question was what other items are going to be completed in  to that we would at least have a general knowledge of knowing and if if we do know it then we can basically say ok we'll if if we do know the specifics the term other elements we can identify that the specifics are not the other elements that make sense thank you i for the proposal a couple of times and i'm happy to support it this afternoon chairman what i will say though is i am i hope we don't get so involve cooperative mannah to deal with those unforseen issues and come up with some a suitable mitigation options to deal with those issues so i feel that the county still has a lot of seeing in what reason to do in the future by the temporary right of entry since we are operating and we are utilizing a public or community leagues for use or chairman i appreciate everything you going through because i ha the same concerns that you are sharing with the members of this community so i appreciate your efforts but i will say though that i the state and county attorneys work hard to ensure coverage for both parties came before us that it was it had language in there that basically preliminarily committed us to the next step which was the agreement and so as i foresaw the catch twenty two but anyways moving four will go through the document and if by the time we go through if we're ready if all the members are comfortable voting member of this committee but we will be voting on it at some point and so i wanted to be here to listen to this discussion and i also share the concerns of my colleagues about other elements and things that are not quite said yet but i do understand that you know as things are in progress we cannot have everything totally identified stuff happens unfortunately but i am kind of curious if we have any indication or any kind of profile armors that i have been given to us as to what this park will eventually cost us to operate this is not going to be a cheap bend over and i think that's something we may want to take a look at the big potential impact on our budget  good question is by let's deviate briefly and allow the department to ask for that question or what are we talking about in terms of cost maintenance operations or phase one concession for what the basically the end result and estimates of a price tag that will be competed fees for in food running capacity of all aspects of the park  you know looking at it right now with the current situation for equipment and some of the utilities that are needed or accessories that are needed you know when it comes to caging some of the scoreboards and other amenities to the park beecher's probably at about a half a million dollars of equipment costs when we get to that fees we are working with the state and they are trying to implement some funding for that again based on their approval in their budget as they move through the process but we will be at about a half a million dollars in equipment and accessories for the fields manpower were basically we'll be needing that will be turned over this year we also have that will be turned over early next year twenty seventeen so would you expect you know our own parks we need that manpower so that six member team will be designated to the surrounding parks around them so it won't be the food time there but the actual price tag when it's all said and that is about half a million dollars as mentioned we're estimating currently our utility bill currently right now w just phase one again not having the lights for the we're at about six hundred and about thirty dollars for the two electric and water we do have our well for irrigation water so that will you  we triple that when it's all said and done because again lighting won't be sucking the energy like it would be relating them every single field so i don't see the utility bill being up drastic our manpower basic manpower in giving those number s i gave you operating costs would be somewhere in the hundred fifty thousand dollars range per year with the different positions that we do have i did some little calculations on that even at one hundred fifty or  eight hundred eight thousand dollars per year in manpower we could time that by one hundred years and we would not catch up to the thirty million dollars being spent by the state however i understand that there is a cost that we need to operate in this body needs to find for but it is something that where the county is getting you know we are working in partnership with the state and again with a thirty minute appraised today that the park did come to put up a front for the county to me and the service they were providing for the county and the community  well would you need a lot not a lot more but more than the park needs correct rate but it's to be laid here that it does this does not limit you folks the state from utilizing water from this well for future needs if it arises so i was just curious what the yield is how much is the part getting neat and what ideas if any you folks have to this in the future i think when it was far as i think you understand a part of the well and you know the needs of the park so there's an excess how we determine where that excess is applied is normally through the development of the we call it a state water projects plan and we have a duty under the water code chapter once and for c to come up with a twenty year plan to identify the state of all the statewide facilities i think that feeds into the county's water use and development plan but we're mandated to come up with a state needs for that and how we meet those ne soul by developing source for state projects which include wells we negotiate with the counties particularly the department of water supply to turn over these sources in exchange for water water credits that be can be used to support state projects in the future so you don't necessarily need to  thank these gentlemen for being here you know it may seem like we were grilling you but we're just trying to get our due diligence and i agree with mr okama we've got some good outs here if necessary i've gone through the  whole thing and i only have two questions left mr but then i'm pretty much ready to devote on this i think it's a great gift somewhat of a gift a good cost sharing with the state you know the state's going to build it and will operate it and as mr boyd consejo said it's going to be a long long time before we match what what the state has given us so i'm appreciative of  that it's my mike my two questions and i'll just tell you what the subject is and when you feel it's time to talk about it is make sure that the soccer fields are regulation size because we've had that issue with the south maori party they are they're just barely regulation size and the other thing is you know why are we executive ordering and why not just if you guys are never going to use it again to give it to us regulation soccer fields go from fifty five yards wide to one hundred yards wide and one hundred yards long two hundred twenty yards long so the minimum yaz ok but if you want to get high school soccer and others you know better attendance from better teams you may want to make it closer to the bigger and if we have the room share with a few that can do that as we to us instead of an executive order for various reasons share the laws right now is very difficult to transfer fee anything other than a remnant a way without going through the legislature and getting supermajority approval both houses but but more importantly historically when the state sets aside lands to colonies for mark uses or county building or  is generally by set aside and all and all most times that's the last time i ever see it but but there's still a chance if they ever it's no longer used for its intended purposes will get returned back to the inventory of the that number eleven would come to term eleven would come into play or they county must attain retain approval from the chairperson of the board of land and natural resources if we were to that connection for the thoughts especially if we necked our policy by ordinance it's going to be called the law that we're going to be following and so i just wanted to be very clear up front with the department that was the plan revenues to help support the operations and maintenance of the parks and that's why we're looking at this type of revenue source to help the parks have the funding to operate at the level the community expects it to  and so that i guess in the sense is the recreational park area but irrigation well a reservoir still stays with the state that doesn't come with the  have you want to negotiate and and turn over under separate agreement usually it's i g a or some type of intergovernmental agreement with the county and that would come through this body also to  riehl typically we send up the e o s to council for approval by resolution i believe before we the county accepts the land but that's not really water the water the water art same thing it's still the acceptance of land by the colony we are not sure of water a special rules but i'm fairly certain it still comes through a council thank you mr or you know all real small be just a further clarify irrigation water obviously does going to be the primary source in the future if there is development by well ali there is interest to utilize my understanding is to reclaim water potentially for one use which may need to par to dispose of one so if that ever comes to fruition and they do have our one which can be used to dispose of  today it does state there won't be any charge for water usage in return for the county's operation mean it's water system moving forward i don't know but that's my for that's moving forward for the terms of the agreement in front of us today there won't be any charge i can't say what hop in the future though but for this agreement thank you chair thank you and i thank you very much and i'm going to show my legal ignorance but you know i've been reading a lot of documents since i've been here and i notice including mr talked about signature of the one of them is to the be on our chair which would be multiple you know at least one meeting if not more so this would delay it till after the whole thing is done and said and done in my opinion and i hawaii board of land and natural resources relative to the operations use and maintenance of central maui regional sports complex incorporating any revisions if appropriate but there was no revision and filing of the county ok thank you mr chair and thank you state for putting up with our grilling but we really appreciate at least i really appreciate the the effort and the expense that you guys are going through to come up with what looks like a pretty nice park area so thank you so much for what you did things any further comments or discussion and i also would like to echo mr couches comments and thank the state for being here we do appreciate you being here as a resource to answer questions and we wouldn't be doing our jobs if we didn't do this vetting  process we thank you for indulging us and being grilled by i think it's all for the best because a lot of people may have questions and be watching this this committee on kaku and maybe some of those questions  mr obama very quickly chairman i speak in support of the motion so i for one prefer to spend money in this manner even if it's my state taxes and on correctional centers we have our director of the economic development here today to present the new revisions of the code and we had proof on our last may sixteenth two thousand and sixteen request for legal services which is in your binder and there is attached there to it is the on draft ordinance of chapter twenty two point cleanup to the park ordinances that just help the committee and help the process of selecting selection of lessees here and it's just  from experience and how you know and how things have unfolded with the ag park i think this is the first major revision in over ten years to the sort and the primary primary that is primarily what we brought you today and if you want me to go over the major highlights i can do that you know one introduce or ok so just to start with the major highlights a they cannot do that on two lots they can only do that on one lot a ten it cannot lease more than five individual lots or more than total of sixty acres that is a reduction from seventy five acres that it used to be so they can have now a total of sixty acres  the event that there are two lots of vailable release from the county of maui a farmer may apply for just one lot at a time so we would run probably the best thing that o e d could do is just to run one request for open leases at a time and so that those farmers that didn't maybe get place could have an opportunity for the second  e there's some provisions in here to clean up the application form is just based on some of the things that we've had in the past that we just wanted to make sure that they were more clear provision to drop the requirement from one member of the committee that represents the tenants association there really has not been a tenet's association in the cool ag park and nor is there an actual requirement as such and so we just drop that requirement to have one member of attendants association on the committee there are there are however a tenant there is a tenant on the committee for sure  committee membership overall will be reduced from eleven to nine members we've reduced the need for to have rather than two bankers or agriculture lending  people down to two to just one we don't do not saying that we don't need requirement ments to have committee members from the maui farmers exchange or other produce cooperative the farm bureau member does not need to be a board member and the seats are member does not need to be an extension agent and then we are reducing our corum to five and our total committee count to nine people and from eleven there is a requirement that that we have a finance committee has been dropped we're handling anything that comes in that room with the general committee and that's really pretty much all the major changes of misrule yoker do have comments process for new leases going all thank you thank you mr any questions members i know that we attribute this last meeting and so we're following up to give the members more time to review it further great job but this agreement has been in process since then so i'm very very happy to see it here and i think it's wonderful i think it makes sense what the changes that have been made and so although i'm can't vote on this today i but typically at the farm get subleased if there's a farmer with an illness there's been a death and they need time to figure out what they're going to actually hardship component it's a little bit there's also been farmers that have had to leave their farms for a period as a time you know it could be you know for whatever reason but anyway it was just a way to allow them some time the maximum they can do this is five years and then they have to step back and they have to figure out they cannot sublease any more than that so they have an option they could give up their lives they could did have one of the limitations on the applicants i understand why you're trying to do that do you always have a waiting list of applicants or  why would we want to allow them to have it yeah i mean usually there are more than one person that once the lats ok so it was it just became kind of a fairness issue they upped the amount of of lots that you could have but they lowered the acreage and that and by the way if if this passes this will end as jeff said no farmer will be hurt because of the end of the already there but even if it didn't this wouldn't affect any farmers and there's no farmers in there now that have more than sixty acres i understand but it just with all this other right way and coming up that potentially and plus we're expanding as well certainly we can and if we see that become an issue down the road because of the changing landscape then i think we would come back but as a right now i think that everyone's comfortable  the packet the entire packet for purchase to the governor's office in december of two thousand and fifteen and it is still with the governor's office and i am as of right now the governor has not signed when he  parking concessions in ohio for the use for preservation and restoration of artifacts and sites county wide expenditures from the fund it exceeding one thousand shall be made by the council resolution and the council may appropriate monies from the fine for grants for preservation or restoration of artifacts and sites in the county that are significant in hawaiian culture heritage history or identity requested copies of the current of the current contract but friends has provided us with only a two thousand and thirteen unsigned contract evidencing this agreement which was submitted to the committee on october thirteenth two thousand and fifteen even if this contract were valid it appears that it allows either party to terminate on ninety days notice to the other party under this bill that is before you the finance director would report on the find annually including details of the parking concession operations this this is part of statute  legislation and in my mind a plan that would allow a depository if in fact the concession lease is not approved this community does not then therefore we could take over or make a contract with the diamond park in company in the remaining balance of their contract if there is a contract out there if not there is used as to part part part portions of the artifacts are underneath this present concession parking lot and according to another section of the property that does not have any artifacts on it so we could eventually if need be create a parking area there and under our lease or with ou under the executive order with the land and natural resources we would have to have consent in approval to allow another concession parking lot to happen and under that the monies collected would need to go back to the park property wouldn't it you know we're going to show that just like friends of the monies that were supposed to be raised by a concession is supposed to go back into the property property and the funds collected from that will go specifically via ordinance back into the property into the artifacts into the restoration so that would give us more of a leg to stand on or justification to ask for the approval from jail in our to approve our lease if we were to create a parking lot on a different site so that's what this is essentially all the funds in here are the funds that are collected from the parking revenues and i wait it seems to be worded so anybody who's running the parking lot it looks like if they need to make an expenditure of more than one thousand dollars they have to come to council for that kind of it's not clear that that the director can  essentially give a concession to a company like diamond or who never know if and then they can go through all their stuff and whatever the receipts the  the revenues for less expenses comes into this fund the way it's written it seems like every penny that goes into the parking goes into this fund in order to spend anything they have to come to coun i'd like to discuss this further with you before the language of this typically for these types of funds if you want to just give the director of finance the ability to use it the key language i believe is on a per predate upon receipt if not i think all expenditures need to be set forth in the budget ordinance so we probably have to work on that further not thank you i see where you're coming from to say if we are if we were going to contract with let's begin digging up the parking lot to restore the artifacts underneath the parking lot we're going to need to close that down and if if we want to we can go ahead and create another parking lot  at's nearby that is on the land executive order land and create a parking lot there and by having an ordinance in place saying look whatever monies we collect it's really actually going back into the property fair for that issue i'm if that were to happen we probably need to work with the council and the whichever department started this but also we still have the requirements on their state and county laws regarding concessions and there are sorry enter into new concession from also like i guess if the problem is how the payment to the vendor would work i could understand if we worked into the concession agreement where they keep their cut and they just turn over the portion to boston that would go into the fund so you wouldn't have to worry about on direct payment to them but of course as mr welch mentioned there would be issues regarding maintenance and that type of thing but you try to do so at this point i think consideration that maybe some of the appropriate agencies this committee may want to have a comment from would be but then she states historic preservation of the counties culture resource comm to it at a later date in this conference thank you chair and yes appreciate you really thinking way outside that box and coming up with something very very unique and creative i feel so this has not been signed doing this because them to put this particular concession in the money goes back into the land but see some of our other county parking lots we want to also garner money from so to not just limit it so high now i guess but i mean i understand so i don't know if that changes that we have the municipal pearcy we have the parking lot across from come in we have third which is free three hour per team i mean i know it's been discussed to start charging because parking's a premium in line and that is our lot and we always could use more funds so that could be an option but in ways that kind of crossed my mind to not completely limit it to line up but i understand this could just be a step to see how this rules out and you know how we can make it a go but i think overall i really like the idea and so just the first take on this i appreciate your submittal here proposal thank you i will look into that and i wanted to make it more specific so that i wasn't sure whether other parts of the county those revenues would be appropriate to focus expand it and i'm open to that and redraft it but at the time is right now presently i just want to introduce the bill so that we can when it becomes mentioned again in a different item everybody is very our special improvement district c c fifteen one of the sixty five and i believe we have some representatives there the committee is in receipt of county communication fifteen gosh one sixty five council member chair it's easy chair mike white transmitting a proposed bill entitled the bill for an ordinance amending title three now accounting code relating to special improvement districts the purpose of the proposed bill is to authorize the county by ordinance to establish a special improvement district to provide in finance supplemental services and improvements to the district area they committee may discuss can and consider whether to recommend white and supported by the idea town association i anticipate that we will need more than one meeting to examine this idea today's just like the other bill in the introduction we will be working from a revised were in conformity with our legislative standards which has been submitted to the department of corporation council for approval today we we have the president of the town association long awaited time for us it's in no lonnie and i have met with each of you at some point over the last six months this is a work that's been in process for at least two years that i've been involved with it on association that originally came from a strategic plan that had been funded in part by and through the mayor's office and through some private funding what what i was going to show you today's a presentation that we have prepared that's specific to piii my understanding is that the course of this legislation needs to have a general approval to put it on the county code and then once that approval is in place then any specific improvement district can petition to create that district for a allocated area so this kind of a you have a copy of this there are some things are there specific to owners it has to be a property owner it's publicly assessed so public a public departments typically tax sends out the assessments collects the funds and then distributes those funds to a to tune in mr ration that is privately set up so the andes that are being assessed set up a board with certain requirements and oversight that are  mandated by the by the the by county code regulations there price about a thousand of these in place in the united states we have two in hawaii is one of a little cone up which is a mixture of commercial and residential property owners and they rough we have about an eight hundred thousand dollar annual budget and there's one in waikiki which is predominately the hotels and some of the commercial businesses and i believe their budget is somewhere around two million two and a half million dollars annually so what are these districts do journalese they're in place to help promote a particular town or area to help maintain clean is to help promote safety  one of their big benefits is creating sustainable source of revenue and one of things i've seen just being part of iowa town association we're always subject to donations from donations or fees be filled in the in the coming quarter year provide some organization management is community efforts and allows for constituents to come together to voice their concerns and it gives a funding identities it gives a chance to leverage our resources i think it also has a certainly for for the community it helps to create a unified voice for that and one of the things we've been trying to accomplish with a is get constituency and input from residents merchants business owners and really try to understand what's what's affecting and what can we do and that's certainly something that is across the board  lickable to sits they are typically for a defined period of time anywhere from five to ten years and the ones in place a very high renewal rates on the order of ninety nine percent so they usually do not go away maintenance in pa and we've started a bi annual street cleaning and you set up five trash cans that are being emptied twice daily it help is this it can help with things such as a small business or retail developments we sponsor special events the small business saturday during the holiday period there's a pie it gives which is a charitable event that we do as well where every local merchants donates to a  identified charity there are things that sit ows began from funding mechanism addressing party madge meant traffic mobility bypass for up and coming concern it's something that would require some type of advocacy it allows for capital improvements there's some district signage that's available and ultimately helps us with communication and awareness and you know to agreat education of  the community its history its legacy sit in ministration addresses a number of different areas advocacy is an important one given certain events that are issues that m face the community parking traffic for my efforts for certain security is another issue that has come up in the last six months that's always been consistently raised we have beautification efforts in place  small business retail involvement marketing community building these are all items which properly managed with a budget that goes beyond a six or twelve month fundraising period can really have true long term impact i think that's one of the  t uses for these types of structures the example that's in this layout is for pio specifically we have a proposed budget of one hundred fifty thousand dollars and  the next page you can see how that breaks down again this is proposed nothing has been said by any means the one in one of the concerns that people have said is well how do you manage the money how do you know what the uses are for it's very clear what the uses are for the budgets public the the participants in this it certain how we're presenting this will understand that this is what their assessment is by property how that assessment is the term and this is where their system and the funded it goes into and then how that fund allocates those monies by line item one of the things that the current sledging cyd legislation that you have before you mandates is the statute requires a number of things one the organization is to be a nonprofit organization the majority of the board for that organization you see comprised of community commercial property and business owners and it needs to include a certain number of county officials in this case where the director of public works or their designee director of finance or other designee the mayor or mayors there's a need and our co representative who from idea would be mike white so we're looking at oversight accountability responsibility and we think that that's necessary and in this case this would be a five year plan and five year as  scheduled assessments have approximately sixty five individual t and k s that would be participating in the said and those sixty five ks are held by thirty nine dollars so ultimately thirty nine individuals would be committed to finding the  was looking at the checking the number here this is the squared numbers here at the bottom do not include the new development that's coming in the park we have a post office project that's being developed there are two new buildings in the pi a town center the participants who agree to this mechanism will understand how the assessments are calculated and what that impact is upon them for their particular one we're here answer questions help give some insight in terms of what we've learned in understanding how these districts are healthy again my understanding is that the resolution that's before you is to create a general resolution to the county code and subsequent to that any specific district that wants to organize and establishes it as the come back and petition to county council again and the last page chair is an example of a petition is the one we proposed to use with our five people signed a petition for that that's a cross section of residents merchants and landowners have not gone out and actively marketed this because they like to get this legislation in place but i just heard consistently that's a quick overview has to come in with the required participation and again ask for us to pass a subsequent ordinance actually setting up the improvement district so it provides a town a way to sell fund improvements that they feel are are good for their their ongoing sustainability as businesses and as a town serving both residents and  very active improvement district so it allows them to do things buy any money out of the various businesses and residences that are going to be for the common good and allows them to go beyond what the county might be willing to or able to fund and do things on their own with their own with their own supported funds  twenty four page ordinates and so on like i said members this is just an introduction i'm not sure of all the numbers are aware of the concept of a special improvement district and the way i looked at it was just for simplistic purposes you're gathering a community and they're here they're all agreeing that they're going to pay a certain percentage of their tax for some project that they all want to be done in their community so they would be taxed at that percentage and that monies would be appropriated to that specific project in a nutshell it very much so simplified that but there are other districts that are actually implementing this as we speak i had one of my staff who's an attorney researching the districts right now in a walk and there's one in  island as well and to see if there were any cases or complaints about how the process went and gathering that information as well so as soon as they get that together we will have further meetings on think we have article three also has some type of article three i'm not quite sure but there's there's other sections in our code that allow this special district and privilege district and so i guess my question would be is by creating this new chapter would it overlap some of the provisions that we have already in existence or those are really too specific to say certain areas that are i guess that the language that we have presently in our code applies to specific areas and this is this ordinance that we have before us i difference between all of the it's fourteen thirty six or improvement districts or somewhere in there the big difference is these special improvement districts allow for financing for supplemental meat mince and security services and such other improvements services and facilities within the special improvement district whereas the other improvement districts in c f d s don't specifically allow for that a minor study that's the big difference between thank you when those individual communities come in demonstrating the support of their business and business property owners and defining what they want their city be about on that's when you can get into the scrutiny  for that particular area or small template or erin wade is also here she actually has experience working in a community that has had a said so if you do have questions on that and she maui i'm sorry and in terms of the small towns on maui we thought that this could be a tool in the tool box not necessarily something that all communities would want to use but it could be an opportunity to fund additional part additional parking is actually one of the things that we have seen funded pretty regularly in on the mainland is often called the business improvement district here it's required to be a special improvement district but also the services specifically services way finding signage those kind of things banners and beautification is really really common to use this fun for and it's something that if the businesses were alternatively in a shopping center you would pay the shopping center a fee to provide for but where in a small town there's that there isn't that consolidated and ministry of mechanism to provide for that so the bid are said x as that to what takes place in our resort areas and they were the resorts like way where they are on a poly a couple who were all set up by one owner and they were set up and such a way where they  have like and kind of poly which i'm most familiar with we have the kind of poly operators association and all land owners and kind of poly contribute to that that entity that entity provides the trolley provides beach resort association which is a marketing arm so but but those are set up by the landowners at the inception of those developments when you have everyone you know there's a common there's a common core common focus and a common direction so basically the way i look at this is this is a this is an after the fact set up which a single owner can do because there's  as this was said there's thirty nine different people well if you've got a bunch of them that want to participate and yet you have others that don't this at least allows a mechanism for that to happen where it's simply can't be put together so to me this is a this is something we need to do because it's allowing some who are small towns to have the same ability to work together that  resorts have as you know quite honestly this is critical to our moving ahead both from the point of view of keeping the resort looking the way it should look and having the ability to market it the way it needs to be marketed and not a seventy choice but to participate in this at least you have a choice to participate but it provides a framework with which to collect the money and and that is attached to the request for legal services dated may thirteenth two thousand and sixteen so this is the a bill that will be working on in the next few meetings so please read up on it and we will continue our discussion at the next several means that this will be on the next agenda on numbers any other questions on mr okama right jamie thank you i would