chair mike white present mr chair there are eight members present and one member excuse the karmas present to conduct the business of the council thank you very much mr clerk and for opening remarks this morning we have mr robert carol and before we proceed with today's agenda over job please turn off your cell phones mr clerk based proceed mr chair proceeding with the presentation of testimony on agenda items we've established 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 pursuant to the rules of the council each justifier may be allowed to testify for up to three minutes when testifying name in the name of any organization you represent an office please identify yourself and introduce your first testifier good morning this is gone long ago at the home office and there is no one waiting to testify thank you officer please moral and there is no one here waiting to testify thank you researcher we have four individuals who have signed up to testify in the council chamber the first person to testify in the chamber is barbara fernandez testifying on committee report fifteen dash one forty eight should be followed by ernest resents morning to care my good bye and council members at the aloha friday my name is barbara and this and i am vice president of maui green in beautiful i'm here today to testify on agenda item number fifteen dash one four eight our county planting plan my manado is the maui county planting plan has been reviewed by all the proper committees and has various landscape and landscape professionals and certified on for us to have a look at it all of you were also given a to have him put on this also mahalo to all of you for you've taken a lot of time on this bill over the years and now it's ready to go as you know our m resistance also was getting input from other folks endless hours are given to our committee and all the other committees and professionals that looked at this bill or any just came back from receiving the highest international award from his peers this there is no one i repeat no one within our county and public system that is at this level i guess we're saying as a community he really knows his stuff so he's also been dedicated to helping you folks and the community working with council and committees on this tree planting issue finally as i mentioned the planting plan is all set for your vote of adoption as presented in the fall let's without delay vote for the passage of maui county planting testify is ernest resents testifying on committee report fifteen one forty eight he will be followed by gene good morning my name is earl is answer i'm very very happy to be here i love all of you and i hope you support this document completely the synopsis we have had removes all invasive species the second had many invasive species and it defies what a large crown shade tree is without a definition topping is ok but with a large ground shade tree definition in the zones if we had him do that for all the islands in the state of hawaii this could be the state of hawaii planting plan because it puts trees and ground covers shrubs and everything in planting zones so this could be the windows seven it didn't want to stay with the formatting i wanted and she came through and did the formatting and typing for me thank you very very much this is a very worthwhile project for  members and you need for clarification as to results i think on behalf of all of us we would like to thank you for your tireless efforts in this plan to employ them thank you so much good pointing thank you very much for this opportunity i would like to support the adoption of the planting plan now we county planting plan in its in its entirety as a member of the obvious committee in my second term i can tell you how much dialogue and discussion there has been on this document and i'm here to say that it truly represents the consensus of many individuals who are growers statewide as it's been represented here already just did some math on it i know six different professional groups have reviewed it at least six people on each group have reviewed it with twenty years experience that's over seven hundred years of experience that have been polled together to come up with this consensus of the next molly counting planting plan which lays out i have to say it's truly a masterpiece and i believe that lays out the best practices and that this these cities are of trees and plants for maui county and state w every plant that you soul is your legacy to the future of maui county and our planet every breath of oxygen that you take comes from a plant somewhere that is growing oxygen just doesn't get mind like diamonds but it does photosynthesis and they take four or five large trees like monkey pods to produce enough oxygen for you to breathe in one day so every time a tree gets butchered  taken away our oxygen and your taking away our shade now we spend a lot of time talking about sustainability but what could be more specific in a bowl then oxygen to bre photosynthesis reduces carbon dioxide so trees truly trees in our plants are truly our future and research has shown that shady parking lot produce more sales so we can also make more money from these trees thank you for your consideration we have put together this recipe for the selection and caring of our plant life and our planet thank you thank you very much mr zolli members of the need for clarification see none thanks for being here this morning mr clegg the next person to testify is patrick was testifying on committee report fifteen dash one forty six and kind of communication fifteen dash two fifty seven he'll be followed by tom blackburn rodriguez good morning good morning council members you know me i'm your corporation counsel appear before you as a private individual i'm on vacation currently i'm here to ask you to please support the resolution authorizing the appointment of a special counsel to defend my personal interests in that sale a matter i felt compelled to be here today and take personal time because if in the event the matter is either deferred voted down or recommitted i need to employ employer upon you that because my personal assets may be at risk i needed to inform my wife yesterday who sitting here in the gallery and her law partner mr james krueger who is also in the gallery in the event i need to employ special counsel myself so mr krueger is prepared to answer the complaint on my behalf in the event i without representation of the old adage is any lawyer who wants to represent himself has a fool for a client so i will not represent myself in a personal capacity but i will have somebody do it for me i ask you to seriously consider approving the authorization for the resolution not just for me but also for the other directors the managing director who is also in the gallery and the mayor in defense of a frivolous case that we've been named personally in addition to our official capacity so very confident that the deputy assigned to this matter is more than capable of handling it i am also very confident that the proposed special coun is also capable of handling this matter and protecting our interests on a personal level however i cannot predict how the body will act and with that said i chose to appear today couch thank you thank you mr wong i can i don't know if i heard is there a time limit on this my understanding is that the complaint must be answered by october thirtieth i also understand just by looking at the calendar that this body does not reconvene until november sixth which is beyond the october thirtieth deadline  with that said i'm not suggesting that it's a difficult thing but other directors may have a difficult time finding competent competent defense counsel to respond to this matter in a short window of opportunity b followed by daniel kind of good morning good morning chair white members of the council and before i begin my testimony just a personal note i'm very glad to see council member elie cochran here i know that sometimes things happen to us i understand you had a had an operation i'm very glad to see you here i know how difficult it is so welcome welcome back mr chairman thank you for that appreciate it chair white members of the county council my name is tom blackburn rodriguez statutes is a nonpartisan nonprofit organization focusing on housing jobs water agriculture economic opportunity and the infrastructure needed to sustain a strong economy better paying jobs and a vibrant housing market golmaal he supports the passage of this item on first reading an alternate passage by the council at the proper time this project is critical to supply will for rental housing in key hey where rents for a two bedroom apartment are running over sixteen hundred dollars a month over sixteen hundred dollars a month recently landing key hay that had been zone for housing has been rezoned to commercial this continues to happen no major rental housing project has been built since the only gardens project which is where i reside by the way  is a cliche to say that has no affordable housing crisis but the crisis is not about housing it is about people the growing homeless population and its safe and secure housing and safe and secure housing for our children gomel i respect that the kind of leo project be approved and we thank you for the opportunity to testify this morning and for your continued person to testify is daniel kind of testifying on committee report fifteen dash one forty nine mr kind of hell is the last individual who signed up to testify in the council chamber some members my name is down you're going to hell a i'm testifying as an individual on i'm testifying on the kennel the apartment project and i have only one concern with the project and i brought this to the this region and makes up a cultural landscape has said that our gulches are the heart of cultures have a cultural and the religious significance to th cannot come only and symbolize the spiritual link between the community and the environment left in their natural state to reduce the amount of pollution that reaches the ocean clean and filter water for interfere as i believe with these natural processes these increasing marine degradation and impacts traditional cultural gathering practices for example brings water from surface water fresh water and groundwater to the ocean fresh water is important to growth of lemo and important for spawning in the fisheries at the side of the  level which was a settlement area and the have for fish ponds now those fish ponds aren't there by accident they're there because of the fresh water resources that were provided so that they could spawn and grow fisheries right so this is a cultural impact if you go in fact if you're going to end pack fisheries then you're going to impact traditional cultural gathering rights which are protected under article twelve section seven of the state constitution  another in fact i would like to point out is that coverts are prone to blockage by debris both natural wood and litter and can result in flooding i am familiar with this this area that they're going to be hooking up to an existing culvert section is completely blocked by debris and not able to enter into kalani gulch because it's an in close call over then you would have issues and you might have flooding issues so i think you need to ask who's going to clean out the call when it's due to a lot sediment in there which there is right now and who's going to clean out any other debris that may block the free flow of water down through the gulch i believe my time is up thank you very much chair i'm happy i'm very much and you don't have any questions members and the need for the intending to this is seasonal drainage way i mean it runs when it's raining and it doesn't have to be raining in kiev for it to have water and it can be raining because it's my understanding that it's actually on the other side it's been blocked by whatever gratings going on up there that there's no there's no inflow and he more i don't i'm not aware of that i know that the  if you don't see water on the surface does it mean there is no underground flow so i'm concerned about impacting the free flow of the wall into the ocean which is going to impact the moon and our fisheries market development and there's more flow but there's it's not sized adequately to handle that flow then what's going to happen might have flooding issues so i think you should ask those kinds of questions i think they're important  fifteen dash one twenty six and kind of communication fifteen to fifty seven he will be followed by david good morning chair white good morning members i want to start by saying that for one thing i'm here in my personal capacity and i have been on vacation since wednesday of this week taking care of my wife who had a surgery and so the he was not planning on being here this morning to testify until i was informed of some very concerning news with regards to this particular matter that i'm worried that this particular issue is going to impact me personally the directors and deputies that work for this county but themselves at risk every day by doing their jobs they do their jobs professionally they do it with a lot of thought and they do it with the community in mind every single day and to have to come down here this morning to talk about this particular matter because some of the directors and deputies are named in this lawsuit are concerned that they may not have be afforded protection coverage from the county is concerning to me personally because now i had no plans to go out and search for counsel on my own but now it looks like i might have to do so if this is not passed today but i ask that you please consider this matter before you that you please consider passing this resolution support the directors and deputies that are being named in this lawsuit allow them to have a defense allow them to have coverage and protection  special counsel may not move forward today was also informed by deputy corporation counsel that an answer is due in federal court on october thirtieth therefore there in my mind has to pass today so that the special counsel  are named individually i don't understand it all the reasons for potentially not passing this and sending it back to committee but if it happens i need to get special counsel i'm not sure who i'm going to call mr krueger is taken employees i think about our employees we often times line staff has to make difficult decisions you know primarily about construction and development projects but there's always the fear that you could get sued and i'd like to them to know that if they make a good composition in the for some reason they're so in their individual capacity that this body as essentially our board of directors will step up and will see what happens today i certainly hope the item moves forward if for some reason you want to revisit the resolution look at the parameters regarding compensation and timing or see how the case moves forward october thirtieth certainly do that but  council chamber or at the district offices who would like to offer testimony please identify yourself to the appropriate staff and proceed to the testimony elector in our district office conference call at this time on office are there any additional testif thank you mr chair there are no other individuals in the district offices nor the chamber who wish to offer testimony thank you very much mr mr clarke i know that we received written testimony members if there's no objection will admit the written testimony into the record thank you and without objection will close public testimony ok ok so ordered mr clerk mr chair proceeding with minutes you have before you for approval the minutes of the regular excuse mr victory no mr clerk mr chair proceeding with committee reports you have before you from your committee of the whole the following committee reports committee report fifteen to one forty five recommending to the proposed resolution entitled  dollars the claim alleges damages to mr karr details rockwall resulting from a blocked county sewer line which caused flooding on his property and created a sink hole below the wall on or about august twenty seventh two thousand and thirteen the requested settlement amount of eight thousand eight hundred fifty one represents the lower of the two estimates mr kutty to submit it for the repairs your committee voted five to zero to recommend adoption of the proposed resolution i asked for the member one excused mr clerk for the record resolution fifteen deshawn twenty seven before you committee report fifteen to one forty six recommending to the proposed resolution entitled authorizing the employment of special counsel and christopher salem versus allen  mr clerk he had before you from your economic development energy agriculture and recreation committee the following committee reports committee report fifteen dash one forty seven recommending the following one that the proposed bill entitled a bill for an ordinance amending chapter twelve point exceptional trialist your committee noted that the process to amend exceptional trialist is cumbersome as each new ordinance amends and exhibit two ordinance three seven three seven two thousand and ten which itself amen and exhibit two ordinance twenty forty one thousand nine hundred ninety one the proposed bill would make the list more readily accessible and easier to amend as needed pursuant to my county code procedures also the proposed bill would add requirements for exceptional tree nominations to help standardize the submission of exceptional tree nominations from the maui county arborist committee to the council i respectfully asked the council's full support for your community recommendations thank you chair thank you members any further discussion on this item yes mr who come chairman i'm happy to speak in favor of the motion this morning but i will just state for the record  need to start replanting and removing the interest trees also i know it's part of the character of our community but i've lived long enough to know those trees that ten feet tall so my thing is you know everything is in its proper time and place and you know i hope the plant takes into account the need again of taking it from the safety of our of the residents that live under those trees because we are having issues in our work unfortunately i was not here but i have been following and i just like to go mr hall comma to in the sense that you know these trees are put on here for a reason because of their importance whether culturally historically  what have you and unfortunately there has been a couple in ohio about have died due to i don't think it was ever determined really but probably partly negligence partly improper care and what have you so i hope that you know there's a lot of emphasis on these particular trees and close scrutiny and attention being paid to the fact you know to keep them alive thirty you know thriving and being healthy throughout its lifespan so i just want to reiterate trees that are on the exceptional list sometimes are not recognized as exceptional trees so therefore negligence may occur and when i entered you know what i meant when i became chair all the exhibits to create the lists so this this bill basically says let's let's create the list and put it in the ordinance so that we can track and actually see what trees are out there and also adding a  standardize submission procedure for the arbors committee to submit to the council when they nominate these days trees so it's more organized in streamline so i think this is will better in fact recognize those trees that are online that may or may not need to be on the list anymore and really identify these trees not having to go back through the records to look for them to see in fact they court for the record bill seventy three two thousand and fifteen you have before you committee report fifteen dash one forty eight recommend in the following one that the proposed resolution and titled providing comments on a draft my county planting plan third edition be adopted to that kind of communication thirteen days three twenty five be filed and three that kind of communication fifteen to fourteen be filed by mr grossman i move to adopt the recommendations in committee report fifteen dash one forty second the motion of a motion for mr goodman and a second for mr cochran goodman thank you chair your committee met on september twenty ninth two thousand and fifteen to consider the proposed resolution to provide comments on the draft maui county planting plan third edition submitted to the council by the maui county our purse committee pursuant to section twelve point two four eight point zero three zero c one of the maui county code the maui county landscaping planning plan expand the list of native hawaiian plants and clue an alphabetical list of plants by common and scientific names the draft plan updates the prior dition and adds new chapters on the history of the arbors committee county pointing zones whole highway median trees and parking lot shade trees the draft plan also includes expanded guidelines and information on sound when visual barriers and exceptional tree programs planting care and maintenance ground cover drought tolerant plants native hawaiian and polynesian introduced species and and alien invasive species your committee revise the proposed resolution to express his support and revise and review the resolution to express his support of the plan i respectfully ask the council's full support of the committee's recommendations thank you chair thank you members any further discussion on this item spicer i think you very much mr chair i'm not a voting member of this committee and i didn't sit in on this meeting but i did listen to mr resents this morning and i am still so i'm sad i think most unlucky to have him and we're just lucky did he leave a legacy for us and this is this trip plan that he has worked i mean this planting plan that he's worked really hard on and one thing he said in is testimony that i just wanted to into and it is what happens with parking lot trees you know it's going to shock you if you go to a parking lot that was really pretty and all of a sudden there's a bear stumps and it's kind of sad because you know how much we love it and we enjoy the trees even though sometimes you have to be careful parking under them because of the birds you can't have it both ways but you know i'm really happy that we have somebody like him who is willing to share all the knowledge that he's gained over all these years and he's very well respected and so i'm really happy to be able to support this today thank you thank you members of the comments on this item well i'd just like to say that it's an impressive piece of work and i would hope that mr hardy would be willing to maybe with some assistance from others provide the mapping for the other islands because i think this is something that applies to every island and should very well serve not just the county of my only but many other places in the in the state so i i would agree with do we have ourselves a true treasure and mr resents and once again mr resents and like to thank you for sharing all of your knowledge and taking the time to put this wonderful piece of work together so thank you members other one twenty eight you have before you from your land use committee the following committee report committee report fifteen dash one forty nine recommending the following one that the proposed resolution entitled approving with modifications to kill the apartments project percent to section two a one  thirty eight vice statutes be adopted to that the proposed resolution entitled approving to kennel the apartments project pursuant to section two one aged thirty eight hoary by statute to be filed and three that the proposed resolution entitled disapproving the you know the county council will be please come back to order mr couch thank you mr chair for that and look through it and got some other paperwork and it looks looks fine thank you  members any further discussion on the the amendment the main motion seen none of those in favor of placing the five by saying i was opposed to a no measure passes with eight eyes approve approve with modifications or disapprove an uptick asian transmitted by the director of ocean concerns for the full amount of the proposed apartments project or eight eight eight point two seven fo units accordance with the project will consist of twelve three storey buildings containing sixty three one bedroom units one hundred two bedroom units and twenty three three broo also for thank you and mr carroll for allowing me to set up a remote attendance to the meeting and wish i could have attended the thirtieth meeting but that was in a different country so unfortunately project somebody who's willing to do affordable rentals i want to applaud them but i also want to make sure that they don't cut corners there are concerns about the flow of the water through that  gulch understand why they want to call their dyes it because that's where they're going to put the parking i just want to put the applicant on notice that you know they were responsible for keeping that clean and the water way through because if it floods as we saw in our first item today if it floods they could be responsible for the damage so i want to make sure that if this goes through and they call her ties that they make sure it stays  open also the north south collector road the i know the key he community has some concerns about traffic and whatnot and i will commit to working with the department of public works to see if they can do our portion of the north south collector road as well as in conjunction with the department or they did the applicant to do their section whether we both do it together or something i would like to see it all be done at the same time and somebody pay somebody you know whoever does it pays the other guy pays and i would like to get some support from the members if if we can get that we can pull that  that clearing of red tape off i would like to get support of the members to help with that to go through but other than that this is finally we're getting some affordable rentals hundred eighty four units it's about time so i want to thank everybody and ask for their full support thank you other discussion members mr holcombe a chairman i speak with reservations this morning i still have my concerns about this project i really hope it all pans out is committee was towed in this meeting by the representatives i have my concerns but then the less i can support moving this forward i will echo the mr coach's comment about infrastructure reinvestment you know we continue to either example the investment we've got to come to grips the longer we wait the more you know costs and the worse the situation so i just again the support that we start looking in considering the type of resources we want to do taking care of the infrastructure it's getting eyes or a nose and one excused mr clerk for the record resolution fifteen dash one twenty nine here before you from your policy an intergovernmental affairs committee the following committee reports committee report fifteen dash one five zero recommending that the proposed resolution the recommendations of committee report fifteen dash one fifty and fifteen dash one fifty one be adopted so we have a motion by mr couch in a second by mr bello mr couch thank you mr chair at this meeting on behalf of the chair of the committee mr victory no i'm speaking at his committee meeting of september twenty ninth two thousand and fifteen your policy and governmental affairs committee voted five zero to recommend they prove all of mares a nomination of zachary home to the liquor control adjudication board for a term expiring march thirty first two thousand and sixteen your committee noted mr holmes back on as deputy director of the partment of parks and recreation and a former member of the liquor control commission we want to thank mr helm for volunteering and also on that same meeting  knowledge as a former federal and state employee would benefit commission want to thank miss also for volunteering and i request counsel's consideration of this these two items thank you thank you there was any further discussion on these items requirements of the committee referral and report for the proposed resolution attached to county communication fifteen dash two five eight entitled approving the hawaii state association of counties officers for fiscal year two thousand and sixteen as provided for in rule seven nominated slate of h sacked officers prior to the june each sac annual meeting this year's h that annual meeting in june has already passed therefore immediate approval is requested for the new slate of officers proposed resolution be adopted and the county communication fifteen two five eight be filed of a motion for mr goodman in a second for mr couch goodman thank you chair the proposed resolution approves the nominated slate of each sack officers for fiscal year two thousand and sixteen a slate of officers was recommended by the eight sec exact executive committee earlier this year but failed to be approved by all four councils therefore a new slate is proposed from the maui county coun fifty nine from the director of water supply transmitting to the council a proposed bill entitled a bill for an ordinance amending ordinance number forty one twenty eight bill number thirty two two thousand and fourteen authorizing the mayor of the county of maui to enter into intergovernmental agreements for the for loans from the state of hawaii's drinking water treatment revolving loan fund for various water projects fiscal year two thousand and fifteen budget ordinance and related document kind of communication fifteen dash to sixty from the director of finance transmitting to the council the summary of total funded in outstanding and unpaid as of july first two thousand and fifteen to your housing human services and transportation committee kind of communication fifteen dash to sixty one from council chair white transmitting to the county clerk a proposed resolution entitled encouraging the development of entitled residential housing projects to your infrastructure an environmental management committee kind of communication fifteen dash to sixty two to the director of housing and human concerns transmitting to the council a proposed resolution and titled authorizing the granting of easements for sewer line purposes to intergovernmental agreement with the united states department of the interior fish and wildlife service for the settlement of alleged violations of the land wastewater treatment facility mr goodman the chair moved to pass bill seventy one and seventy two of two thousand and fifteen on second and final september two thousand and fourteen bill seventy two would authorize the mayor to enter into an intergovernmental agreement with the u s fish and wildlife services to settle yet again alleged violations twelve and september two thousand and fourteen to january two thousand and fifteen i asked for the council's support of these bills thank you thank you mr grossman members any further discussion on these items see thank you i am requesting the members to consider this resolution to be sent to the p c to express this body's position on the current application as proposed before the public it resolution in opposition to the proposed changing control in the matter of the application by hawaiian electric industries incorporated and next are energy incorporated in docket number two thousand and fifteen zero zero two two filed on one twenty nine fifteen whereas hoyt has the highest retail electricity prices in the united states with the rate payers on a wall condi and hawaii island paying two to three times the national average for electricity and whereas electric company limited service is the islands of maui within the maui county and whereas the public utilities commissions primary purpose is to ensure that regulated companies efficiently and safely provide their customers with adequate and reliable services a just and reasonable rates while providing regulated companies with a fair opportunity to earn a reasonable rate of return and where as on january twenty ninth two thousand and fifteen an application for a proposed change of control was filed with the public utilities commission by hawaiian electric company incorporated oyo electric light company incorporated electric company limited collectively referred to as hoeing electric companies and next are energy incorporated collectively applicants and whereas the current application does not provide options for other business models reflecting island base needs nor adequately address potential adverse impacts of restricting or stifling competition and innovation in local markets for renewable energy and distributed energy resources potential market power related barriers to distributed energy resources alleged cost saving somaly county potential impacts on counties developing additional distributed generation facilities such as grid tied photovoltaic capacity and grid tied wind energy capacity and other matters of interest to maui county now therefore the island based needs an address other pertinent county issues and three that the county clerk shall transmit copies of this resolution to the honorable governor david y e gave the maui county delegation of state legislators the chairperson of the public utilities commission taking the position that currently we should oppose the current the proposal as currently presented before them by state wide that i think the commission needs to look at ireland bass options we are in ireland peace state we're a county with multiple islands with three different communities on three different islands and we have different generation needs as well as requirements i would say mr chairman that you know at this time i've been waiting thirty seven years since one thousand nine hundred six on situation of convention to have the people of this state have greater say in their energy future i think we should make use of this opportunity and at the end of the day if it makes there is investigated that you for making the commitment we're brave maybe for the next thirty seven years we'll never have another opportunity we can learn from what calliope has done through the cooperative efforts and whether or not that is something that perspective of energy and so i think this is a great opportunity for us to investigate those options and allow our car communities to continue to import in their energy future thank you thank you mr holcombe any further discussion further discussion you know on my island there and needs to be massive improvement with the infrastructure and we've mentioned up through the  decision making with regards to a merger or not or because it it comes as a package deal you can't separate that we're just interested in the urbanized area we are part of the existing electric company and so we need to look at each island very differently and what is appropriately accommodating for our incidence thank discussion i'm wondering if there is a need for getting this out right away because while i agree with everything in the be it resolved i also would like to have everybody have their members in a part of the proposal is if you know it's after pretty much every or this this discussion today is after all three islands had public meetings by the commission and a lot of the comments it's about let's check out what our opportunities are before we make this commitment and part of it chairman if you allow me it's been interesting because at the time of before them all ok hearing already next there had been talking about eighty eight additional can things there would be considering in addition to what was currently submitted so already things is pretty much changing from the next they're a component of  what they were really or were not really told by the existing utility regarding the current state of affairs so it's kind of interesting that although they now mix but my thing is it's a fluid thing and we should make use in at least that when i say i think we still can have the subject in committee and have continued discussions mr coach but i prefer that we're the last county that's making a comment except for county of co op because of their cooperative but the city council has made it was a decision are kind of what's on the big island have made a decision and so i'm just asking if we are comfortable today i would ask for that consideration thank you yes thank you must share and thank you mr hall comedy for filling me in on that i would certainly love to still have this maybe not this item but bring that up in i'm guessing it would be i am committee if you're even here energy as well  so if we can make an item out of the subject or would you rather have a letter from for me to do that i think we can allow the communication instead of filing the kind of communication will allow it to go to committee without objection no object no objection to spicer thank you very much cheer and today is one of those days that i wish that our rules a lot us to abstain and the reason is that i'm not comfortable in supporting in this resolution at this moment i am asking a lot of questions about this subject i have been following daily information about what is going on i've subscribed to a newsletter that every day tells me what's going on at the p c and what they're looking at and who they're questioning and all of that stuff and it really is very complicated i don't feel that i understand enough to to say don't don't do this i don't know enough to see do it either and so you know we're being asked to either support or not support and at this point i'm uncomfortable supporting i  that we had had more time at least to discuss it once in a committee and to bring in both sides of this so we could hear both sides ourselves and look at some of the alternatives and what they mean you know we're waiting for a report from a consultant as to the ideal of being a independent utility we know there is scores of intervenors that are involved before the p u c who are doing the questioning and asking all the hard questions so really i'm kind of uncomfortable to make a decision on the matter that i don't feel i know enough about members for the discussion mr grossman that your and my question may lead to having to go into executive session but i'm not sure how this would if we were to pass this resolution would affect the county's position as a jointer and d p you see case  these proceedings sort i'm kind of i'm sure about that position or how that would affect and i would probably have to ask or counsel if there was any effect on how our counties positioned as a jointer in the q c proceedings so i that's the only concern that i have at this very moment aside from the language and the where the last paragraph there he did intervene in this matter i'm not sure what the position is i know i'm not handling this i could call a deputy who is assigned to this but i don't see a problem with th any further questions mr goodman any further discussion members seen none of those in favor of policing if i by saying i i i those oppose a no no do a roll call please council member robert carroll council member gladys squillo by remove filing and instead refer it to committee and no objections were received from the members at that time but you as the presiding officer may make a final decision on that i'm fine referring to t ir so it's right it's ok it's ok it's ok thank you members mr clerk for the record resolution fifteen dash one thirty three here before you kind of communication  a little curious as to we had this item up in a on monday october twelfth and there were votes taken on all of these items so i'm not sure what the procedure is because  you know you don't have a committee report and i know these are old think so it was kind of like two items passing that night the differences that the ones that were n p a were that my we county package and these are for the package ok so they need to be dealt with separately any further discussion see none of those in favor of the waiver placing the five by saying why those opposed say no no no roll call council member robert carroll council member gladys quite low by so council member ellie cochran hi provide us some direction as to how to dispose or take care of this item going forward chair let me go through the steps here so i was again to waive referral in order to not have to send this item to committee for work because the time is of the essence that referral has has failed so now we can actually discuss or adopt this particular item so i guess it's just a firelit at this point because it just dies right we have no we of discussing it and voting on it at this point must take a quick it would be a i guess a commonsense step i guess for maui for all of us collectively to pass it through our body and then from there move to the higher level on the state level and see where it goes from there so that was kind of idea but you know we can go through the motions how we need to so thank you thank you and with members we're going to take your morning break it will be in recess until  back to this cochran thank you mr chair i move to adopt the resolution approving for inclusion in the twenty sixteen age sacked legislative package a state bill to allow individuals to indicate their disabilities on state resolution has already been considered on the committee meeting this monday and has been recommended to be included in our maui county legislative package and this measure will provide individuals the option i know it was discussed in committee to be forcing people to know if you have a disability it's your option to put it on your id and indicating a disability on id may help individual more readily access appropriate special services it may also assist safety personnel in case of emergencies so and i had brought to our attention during committee also that it was brought forward through my office especially with parents of autistic children who they felt the suit be helpful for their children to have it noted on i d s with if ever  you know police force or anyone are really relating to them and they can show you know they have this type of disability so with that members i would like to chair moved to adopt the recommendation committee of the whole committee report fifteen dash one forty six thousand and fifteen by the plaintiff christopher sale and names can and various county departments and their individual and official capacities on our last committee meeting that we had subdivision along lower h p a line in a road and who wrote east la haine a maori hawaii until the property was auctioned for sale on january twentieth two thousand and fifteen the complaint alleges damages arising from the actions in o missions of the defendants including a failure for to administer and enforce conditions imposed on developers through subdivision and agreements for subdivisions involving three lots or less your committee recommended the resolution transmitted by the department of corporation council be revised to reflect the filing of the complaint on september eighteenth two thousand and fifteen and to delete outdated references to the anticipated lawsuit if your committee also notes that the scuse me specifically discussion of who the firm which firm would be hired the rates that would be indicated and i believe also there was no discussion in the committee of the whole as to the name committee as results of that we did pass it out because there was in an urgency for two for not delaying the the resolution so we did pass it out without those type with those specific  language that was incorporated into the the reza however we do have a county communication that was sent to this council county commission number fifteen dash two five seven from dippy cooperation council brian b bill berry transmitting a new resolution and those and that resolution discusses all of those or at least incorporates all of the missing items that are in the original resolution however by procedure in order to discuss county communication number fifteen tash two five seven there would be a required  waiver of committee referral which would require sixty votes to waive it out of committee referral i think there's there's other technical issues that we need to look at and it and that communication and comparing it to the the result that we have before us that we pass out of committee of the whole purely for the discussion purposes because the committee members had not had an opportunity to discuss what is  differences between the two rest of us so at this time would request an executive session under pursuant to section ninety two dash five a for the whore of rice statues to consult with legal counsel on questions and issues pertaining to the powers duties privileges immunities and liabilities of the county council and the committee second of a motion for mr guzman to seconds from mr couch oh yes and if that's the case and i think the clerk needs to bring that up they're they're so similar that discussing one is discussing the other essentially sure miss cochran is this time to see if there's any open session questions that can be asked on this or we want to vote this referral through now as us what are we because i had questions now and i'm feeling like it's ok to do an open session for the minutes of the executive session we would be queuing them the total minutes which would cover two items instead of just the one that was requested which is what we usually do one one one one instead of puttin was your with your motion did your motion include both my motion just included the committee report and the resolution attached to it i chair i could i could motion to waive committee referral for i don't fifteen to five seven and then have that place on on the council for to go into executive session but i'm not sure if that's needed at this time i think we can cover what we you know the missing elements that are in the residue that came out of the committee of the fall i don't believe there's any reason why we couldn't discuss we couldn't discuss the one that's attached to the committee report everyone has the the other one as well so they're so similar i think we go into executive committee on the on the one item if that should handle it i think mr carroll's point is as well taken that we probably should keep them separated but any further discussion  a bit more specific and part of my concerns is revisions to his on his middle to this body for consideration so for me i would prefer we talk about it at one time because my concern is the revised to go into executive session for that item only and a further discussion of those in favor of placing a five by saying i was opposed say no as your passive with zero knows and when excused i asked the clerk to call up item number fifteen dash two five seven mr clerk before you kind of communication fifteen dash two fifty seven from deputy corporation counsel bryan a bill berry transmitted to the council a proposed resolution realize and i'd like to take personal privilege that this does require the waiver of committee referral of six votes to discuss this item what i would like to have this opportunity to motion for  certain elements that are missing in the committee of the whole resolution that were not discussed that are in the resolution of cooperation councils are present under for the parties what's the difference in this one i mean i was reading it you have individuals are are singled out early never in parentheses because we've done other cases by police department wherever where there's names individual but they're indemnified so it's just go straight to that again would department and she for whoever but not the subordinate officers and what have you that were involved in a certain case so wired these individuals not indemnified i don't you know my recollection is that at the time that this was being considered we had just received the filed copy of the complaint actually i think the initial the first time this might have been filed and there was it's a red rather lengthy to point i mean is it six hundred four allegations and it's one hundred thirty some pages and i think that determination was made that that is counsel said department is seeking special counsel to represent the named event defendants in their individual capacity so that's why i was on why that call that particular whoever deputy corporation also doesn't say who that person is to clarify for our member cochran is that the the reza that came out of the committee of the whole was very general when we were talking about the defendants and representing the defendants we we said to all defendants would be represented by special counsel including the county so i think mr holcombe has a point that are now the new resolution that and that has been presented by the corporation counsel is more narrow and specific i'm sure that the other the other members have questions about it that this this reza presented by corp corporation counsel has just been submitted to the council so there hasn't been vetted by any member of whole so i think there needs to be a lot of clarification thank you for any further discussion members share with us like to say before we go into executive session that neither the chair nor any of the members of this council would leave a department head hanging with respect to exposure liability this chair was given assurances by corp counsel that they would be answering the complaint on behalf of all defendants and at the time it would be also doing what is called a special appearance on behalf of the individual named defendants in their individual capacities and they assured us just yesterday that if they were quested of the court they have two to three months time within which to secure and secure special counsel and get working on individual defenses that that was adequate amount of time so it's puzzling to this chair how after receiving those assurances from corp counsel yesterday in what i believe to be a confidential discussion that all of a sudden all the department heads are here saying we're all that exposed i don't believe this chair or this council would ever do that i appreciate them coming here but there is no way i would i would support leaving either mr goulden mr reagan or mr in a level of exposure so there are a number of other items that i cannot discuss at this time and so with that we will recess and for we recess chairman outward recessed communication i mean sorry committee of the whole report fifteen dash one four six i would request that i withdraw the the motion to adopt the this is the corporation counsel brian bill barry transmitting a proposed resolution entitled authorizing the employment of special counsel and christopher c r v allen our car at all civil number fifteen dash zero zero three eight four k dash k c the amendment that i am proposing is on page two of the resolution in the section of be it resolved number two changing the amount from seventy five thousand to fifty thousand to read there after there in as f that number two that total compensation for the employment of all special counsel employed to represent defendants in this case pursuant to the resolution shall not exceed fifty thousand challenges that we need to amend the rez obo for it can be substituted because once you substitute you can amend attached there are to the report the committee the whole report substituting that with the resolution as indicated on number fifteen  recommendations in committee report fifteen dash one forty six thank you for the discussion mr goodman nothing further chair we i believe that we have very at least vetted through the differences between between the two resident file right we're going to recommit this to a committee of the whole or no or as a separate issue it's no this is not we're not recommitting disposition before the body so i'll be up to the body i guess after the main motion to adopt the recommendations in the committee report as amended how they would like to dispose of this item they were on the main motion committee report fifteen one four six any further discussion members seen and all those in favor please signify by saying i like those opposed say no measure passes with eight eyes or a nose and  be referred to a committee of the whole you have to thank you the subject matter thank you thank you mr clerk relative to committee report fifteen dash one forty six a certain resolution fifteen dash one thirty five mr have no further business spending for the council thank you very much for this extended session and in three minutes our committee of the whole begins so will have to