well planning committee meeting of thursday march fifth two thousand and fifteen please come to order it is nine o six my name is don coutts and the chairman of the committee i would like to first of all ask everybody to turn off their cell phones or tournament to silent mode please it's a big we have a big huge audience today so not really ok first of all i'd like to i'd like to  introduce the members that are here today first of all the vice chair of the committee robert carroll is excused and we have got a spice a council member about a spice a good morning council member  with us today too we have a non voting member we have ricky whole comma from the island of lanai he's going to give us is one of the things that we're talking about today good morning right from the administration we have from the planning department we have will spence and mary jorgensen and from corp council we have jenner for one good morning we have legislative attorney sharon brooks with us this morning good morning and committee secretary pauline martins good morning all right we're about ready to start public testimony very long line of people to testify  so members without any objection will start public testimony actions ok for the individuals testifying in the chamber please sign up at the desk outside the chamber door testimony will be limited to the items listed on the agenda today which is one c eleven to one i community plan update pursuant to the rules of the council each testify will be allowed to testify for up to three minutes per item with an additional minute to conclude if we quested when testifying please state your name in the there i've been revisions or additions from the planning department that i think it is imperative that the feedback and the opi he get to look at those things rather than have you make those decisions because lot of our decisions were based on what we thought what we've put together in the community plan now is the plan department think they have a right to change some of this stuff without having to comment on it and it should would offer a different visitor this bitter experience and increased our visitor though if there is no the salination plant or some other major source of water acceptable to the outback i do not support any a on hang on this is testimony when we get into the questions when we get down there i was just curious that in the testimony portion if not when we get back that ran well we'll discuss that but right now we're in testimony with the planning committee meeting of thursday march fifth two thousand and fifteen please come back to order a little technical difficulty there were done with that members were here now we've gone through the  community plan update first pass and discussing changes that the that the committee wanted and incorporating some changes that the planning department  wanted mr spence can you talk a little bit about the process just to remind everybody what the process is and why we're we're making some of the changes we are at some of the ones that you suggested and not all of the ones you suggested and how that works inside the process ok thank you mr chairman the adoption of a community plan is a multi step process involving primarily three different organizations or three different major steps first was the community plan advisory committee which is a group of commission and they are supposed to by charter commissions are supposed to comment on land use regulations or you know use regulations but also just within to a t b they're supposed to review and also comment on what the planning department put together as a draft plan as well as reviewing what the sea pack recommended from that point recommendations are transmitted to the county council and the planning department makes recommendations  on everything that's come to us far what you have before you is those complete reg recommendations we make some recommendations after after reviewing and against its recommendations as part of the charter says the planning director is supposed to advise the county council on land use map so we're making recommendations on know the history of each thing and why we're making recommendation thank you members any questions or comment to that  ok so members the idea today is to go through we had several items flagged for the visit during our meetings in january twenty eighth in february fifth and twel would like to go through that list and members if you have any other thoughts for revisiting as well i'd like to hear from you as well when we get through this  comment i mean i think that's very important and i you know they work very hard for this point and we have rationale for what we do but they may have a more rationale for what they've done and we should do what they've done the the way this works is we're going to come up with our final ish draft we'll have it printed out and made made to the public quickly as opposed  to later and then on the eighteenth of april i believe we have almost everybody's going to be meeting saturday morning which i thank you very much members for accommodating us on that saturday morning april eighteenth we're going to meet and at that time members of the pack or members of the planning commission or whomever can come and testify as to their concerns with any of the changes as far as meeting as a as an official group i'm not sure that i don't know that the department has any other plans of staffing a meeting because it's under sunshine law they have to go over there they have to give notice and what not i don't know that they're going to meet because their job at this point was to come up with their draft and that goes to the planning and i planning committee and they came up with their draft and now our job is to take all those recommendations so i'm guessing that if anybody if there's something that they have a real concern about they can come and testify certainly before hand e mail or at that meeting well when we get there there's not a lot of because again how much longer do we take i think like you said yesterday better to know what's going on before we get there and then when we get there and i think that's very important i mean it's up to mr spence i know this is somewhat costly but you know at that final stage where i believe if we do it right this will be a model for other areas other districts as we go to their right and you know because of our very unique and they have their own planning commission as opposed to the maui planning commission it might be wise to have one more meeting either i would i'm plan it might be a wise idea because of the uniqueness of those areas but that you know of course there's funding and all those other considerations but that guessing that would be up to the  right so i'd like to move on but i mean i just want that concern made known and i would like to see it at some completed before we get there so that when we get there we're ready to really act on what they're they're requesting i mean kind of like the plan is together and he once once plan on the package and everything has been transmitted to the county council this is now your coolie ana and where we're basically here  to tell you what happened during the thing i'm not doing it it's difficult to commit staff to two days and to go over just you know if we have if you look at the recommendations we've made primarily non substantive i mean on the substantive recommendations we're discussing here in committee  right members the first thing on the list of revisits if you will is plan why there was a request for a consistent spelling of place names and use of the hawaiian language which of course we will do that but there was also concern that the names that were used were not the names of the folks on line i use for some of the places  there are departments of state of the state that are required to use names and spellings approved by the hawaii board on geographic names and there's an h r s four dash three  the staff recommended that place names in the document adhere to the h p g and that's the whole white board on geographic names there is a process for amending the h h b g n list should the committee or the community feel the b g and list is inaccurate policy sixteen and action seven point three seven of the transportation section in chapter seven addresses pursuing such amendments if needed if and when needed i know there was a huge concern on mr o camas part saying you know this is the quote unquote official name but this is the name that the old hawaiian name but it probably is what everybody's referring it to to a certain area so they're caught between a rock and a hard spot because if a state official place names but there is a process to change those  doesn't live one understood my concern i guess and maybe this already to carp council who's new to the group thank you for joining us jennifer  a new person and when we recommend for the cultural resource commission that represents and i think those people can assist us with making sure that we use the more appropriate name if we need to have it put before  state agency for review and approval i don't have a problem with that but i will not continue to use a wrong term so the wrong names places on the right how about this if you have a if you were to have a list because i'm sure not all of us would know if you would have a list and then we put the official name and on the same map in parentheses put the name that that should be the official name that way both names are on the map and we get away from any of the legality issues legal issues i'm open to that your man and i think that is one of the good things about going back in the final draft version or community members wanted to say something to mr victory no just as a suggestion i don't know how long the state board takes to review names or i looked on their website briefly and i see they meet approximately monthly i like the idea of coming up with a list of what i am believe are incorrect names i think that local knowledge is imperative and i do believe local people know better than you know what a state board would meet all the same because these are official state names what i would like to do is is adopt maps right now with the official state names and then go through the process of changing those officially with the state and remember this is number one and this is going to happen across the board because not only his community in my coming in every community we know places as this right and then there's some official name that has never been used i mean the process now helping to do it change what everybody has called stream for many years which is actually incorrect and it's called white river it was the official name but changed back process we do it better be streamlined process that we can you know accomplish you know to make the maps and then come back and angle back to each one that might be in congress and so mr spence i think i liked the suggestion made earlier putting the official name and then the name underneath of the name that we always remember it that all we were told was call that particular area the region whatever but i'll tell you which that year but whatever we do now is going to hold true to the rest of  maps and then to be consistent we went back to what was in the maps and looking through the board of geographic names they are process which is a very extensive process for each name is to go first to the hawaiian families that live in that area and families that lived in that area that it scale and they take each name up looked at some of their minutes and they'll spend several meetings on a disk very extremely thorough discussions of the history and if they cannot resolve it with consensus among this board which includes experts from the university of hawaii and and then they they will send to the u s g s that is not resolved so they are trying to find consensus for everyone on what the name is what the name is and so they did reviews since the late one nine hundred ninety over ten thousand names  trying to update the maps and for each area we hope to be a little proactive in getting the community to send their names into this board so that over time all the names will be as  so you might want to consider that and and i think doing the maps with the quote unquote official name and then in parentheses the common or ancestral name might be might be a good compromise  mr chairman one of the consistent comments we got throughout this process from the c pac to the planning commission even internal reviews is some of these ma extremely busy they're difficult to read at times if we put in the alternative place names if they're going to be even harder to read and yet everybody was had consensus that the names are very important and that's why we're discussing this if we put in parentheses corrected what we believe are corrected names that's going to make the maps more difficult to read and i have my opinion is they're going to be more confusing like i i would like to go back and reiterate what i've previously said is i would gladly support a project to correct the place names on a state level and then it's official throughout the state and it will be sent to the u s g s in washington and we can and i'm happy to present this council with corrective maps with the correct name i guess i'd leave it up to the the member from that island if that is sufficient for now or is there something else we can work on because i thought i had was maybe in the in the book have an appendix that has this is the name on the map and this is the name that people know it by i don't know you know and so i understand that but in seventy we made a decision hawaii is in official language of the state and so we should add here to the constitutional declaration and as best as possible utilize that language for all our documents because that is our basis of our culture and so i have no problem being one adamant person  on this issue because i think it's fulfilling the intent of what the people chose in seventy eight in their recognition of the language and here's my question on if we go that route this gets into touchy and i guess well to try missile one of this time is if we decide to ok now we have a list of names that we've officially got changed in the u s g s all the way down then we i just want to make sure that it's not going to be a huge ordeal to make to change these names jeremy i think the community just wants to see us is the government to do our utmost to get this  that that was the first plan white issue the other plan white issue but first of all does anybody else have any comment on this seeing number go to the next planned white issue which is the word support versus encourage in the policies and action tables this committee requested clarification on the practical difference between support and encourage and suggested including language to indicate difference right now we have support relates to actions performed by county  venture to say that the will that the word encourage basically is to provide any kind of assistance maybe not so much as monetary or  support because we have to consider whether it was budgeted but more offer any other additional assistance to the outside agencies  members any questions on that i know that that was an issue that people concerned members out of concern seeing then we'll go on to the next item which is on the emphasis on water availability page two dash four of the plan the committee expressed concern that stronger language is in need is needed to emphasize the importance of expanding water resource before additional development can curb can occur and we discussed that at length and the staff recommended in it we've got some pretty staff here that has looked into this recommended splitting it into two problems to highlight the water resource concerns partes declining forest ecosystems would retain the current language and then be limited water resources  i would be extremely cautious putting something like this in the plan because i do not know that this is fact ok mr okama any  i would i wouldn't really agree with insufficient to support new growth it's you know that's why we have a water use development plan the council of pool for the island i think the current water capacity can handle certain growth on the island i understand the communities concerned vale ability of part above water but i think before we put update the sustainable yodel died of the island to the commission of water state water resource management the six million dollars that we've relied on is something  i don't want to be that specific i would like to land ownership some flexibility but still have enough parameters to ensure the community of this potable water availability and how we yes mr goes with thank you i would propose if you wanted a little bit more flexibility in the language it could possibly read as follows the capacity of existing water resources may be insufficient to support new growth and then delete the second sentence which starts with projects moving forward with the first word would be  capacity of water resources may be necessary for a new development period that would give you the flexibility to go either  the capacity of water resources may be necessary as the capacity of water resources may be necessary to be increased down if there are an additional entitlements requested the company is going to have to justify i mean this is probably the number one issue on that island is the capacity of of water  for all different kinds of uses they're going to have to do modeling they're going to have to do all kinds of things they're going to have to convince the decision makers that there is adequate water to accommodate this whether it's farming or whether it's development or whatever the case may be this is what's going to this is going to be the driving force so just as a practical matter no matter what language gets put in here i mean just i mean i don't want to restrict it too much as we've discussed and as your whole comma has also said we need to provide the flexibility but at the same time no matter what goes on a matter what language ultimately adopted we're going to have to justify that there's enough water  we all know how when we get into planning commission meaning should we get into council committee meetings we discuss these things and we examine the documentation and everything thoroughly before ok so the current suggestion is the capacity of the existing water resources may be insufficient for new growth projects that already have been tightened and could consume most of the remaining capacity o the single aquifer did i don't have quite what mr guzman's language was because they didn't quite get it down for the next sentence the capacity i believe it would be the capacity of water resources into the mike from take a look and see what the water use which we don't have in front of us unfortunately but if we added what if we put something in here that says based upon development plan i don't know where exactly would you place it but again is that the governing board when it comes to governing governing entity that we're using for what are you seeing on the night i know you're going to vent water is going to be distributed under certain conditions what have you natural disasters it's already set priority one or two who gets water who doesn't get water under those situations so for me i just want us to be and on down by priority so that's just my thought and i think that should be done on all community plans to be consistent with their whatever is the current water use  describe the problems and opportunities and the number one problem was declining for us ecosystems and water resources and so the scutcheon was well let's put this into two things and resources so this is just a descriptive paragraph it shouldn't be i don't think it should be inclusive this isn't a policy this is just saying this is an issue on our island and this is a problem this is the number one this is the first one that appear so we're just basically what we're doing here is not creating policy we're just describing this is the issue for this island is water resources the water use and development plan is referenced elsewhere in the document so and that and that and i think it's good to reference it but that document also stands alone and you know as i said it is if there are going to be new developments of there's going to be new entitlements that's going to be one of the primary documents that we go back and check on you know any future in title months are going to be are going to be weighed it's it's a requirement within one thousand five ten or so that you have to go look at your water resources as well as show me the water etc so those those things  if we could just leave this part as a description this is the problem and whatever language the committee comes up with you know keep that in that context this is the problem for the this is the major concern so existing language for those that are watching says declining for the first problem is declining force ecosystems and water resources much of ecosystem and water resources have been declining over the last century water and other natural resources on the island or vulnerable to historic loss of force ecosystem functions and the anticipated future effects of climate change but not use for systems are vitally important a vitally important resource because the island's main aqua for relies in part on the cloud forest cloud retained by barrier tree tops for water recharge over the past one hundred fifty years until its sheep's goats and deer have decimated and noted the force and more recently invasive species  taken over that and crowded out native species the planning of cook pines in the early twentieth century helped to create a cloud forest but now the cloud forest trees holly are needed in need of replanting that language was suggested to be a problem a and then a new problem b was limited water resources with the language that we're discussing now i like mr spence is comments about kind of leaving it there and then looking at where in the policies and in the actions where we refer to and i water use in development by mr holcombe that's part of the confusion surely because this part of language of b you have an action right when it is right which we don't have a name so we can even take that out i think is in  so we can we can still split it out with the first thing being declining forest ecosystems and then be limited water resources actually i would flip those make a limited water resources with new language and  declining forest ecosystems with the existing language and then then we do a combination of all the things we've worked on so it would say the capacity of existing water resources may be insufficient to support new growth projects that already have in title months could consume ok so that whole language that we talked about removing the actions i think is sufficient and it isn't restrictive at this point it's sufficient to warn everybody that we need to look limited financial capability a system of this type of situation can actually afford you want to add that is bipartisan part of the problem the situation of the system well we do have that broken down somewhat limited economic diversity limited housing options aging infrastructure that i mean there's a long list of the problems on page two four and five not that long but a list of problems that kind of incorporate what you were talking about but we can and b we have the language that we're talking about removing actions that can increase water resources adding that language there and mr okama if you feel more language is necessary either after the recess or prior to their spots with certain pines up on that trail and what have you but yes they are in decline so i mean i think it's notable to keep that in there somehow that they why they were put there to create a forest know that that's kind of that's kind of a stating of the problem it's not really an action eventually we'll get into an action the suggestion is to leave that language all the same intact yeah ok ok ok it would be just problem b and a would be the limited water resources ok thank you ok members if that's ok we'll go on to the next item all right well we know that the water is the tough one that's the really tough one members we did have a break when we pass all this out but we didn't have our official mid morning break are you ok with moving on or do this do people need to sustainability was absent consideration for the financial sustainability of the county and that there is no guidance on how to provide long term funding for the increased public services called for in the plan and is  plan to become self supporting or continue receiving public services subsidized by the rest of the county and i think that was a comment mr okama made just looking to see if anybody has any is a formula there is calculations because if they can come up with a project their populations we should be able to come up with projected costs you know good point how about some language in under the economy saying that keep in mind that all the infrastructure and whatnot is highly dependent on state and county of maui taxes just to remind know i look forward to eight other perspectives to join in so we can come up with hopefully a consensus position that makes sense for the  where we get the money from mr bison thank you you know this is goes back to the days yes and i think we all remember when we were doing that and that was there and they kept asking they wanted more financial information they wanted to say well you know you want to do these things are you going to pay for them so i think this discussion that we're having right now is very relevant but as you say very it in a lot of the work we're doing we're seeing it in the budget maybe when we're going to talk about taxes we see it in the water committee we see it everywhere it's always the question of who pays and how much they want to pay you know it's very easy to implementation all those dollars and there's a lot of them have to be taken into account so it's just a matter of priorities and when so i'm fine with leaving it as it is and then just using that philosophy but i'm also open to a sentence or two that might express those concerns mr hall comments your islands planned so follow your big big investment and have a financial stake so i'm sure they'll make us aware of their thoughts but as they promote certain type of sustainability i think it's needs to be clear what is is it from my perspective because i don't see this being sustainable from a government service revenue generation sta partnership for those five hundred and ninety acres and there's a perpetual conservation easement that was originally with the nature conservancy then transferred to the that's on your maps you see is a red line that encompasses approximately twenty thousand acres and so it's no longer as  as it was testified by kurt matsumoto at one of the earlier meeting said it's not in existence and then deal in r and the nature conservancy is all are also saying that is no longer in existence for that and i'll read it for the folks on the night who haven't seen this chapter three environment and natural resources page three dash two lines thirty twenty four to thirty seven it says that  reserve a deal on r and nature conservancy natural area partnership is five hundred ninety acres with within seven units that contain lowland llama native trees with cultural importance dry land forest and rare native plant species early fencing in one thousand and eleven save this forest from destruction by goats recently the nature conservancy replace the fence and developed a management plan for the forty eight native plant species many of these plants are being out planted to establish or being out planted to establish new restoration areas overseas to twenty thousand acres which is moderate and dry communities which include the preserve in the low and i e holly acreage plans call for additional fencing feral animal removal and native plant restoration as well as keeping conservation action ongoing through the support programs and volunteer groups the native species recovery program performs invasive weed control fence upgrading and fence maintenance so that's the language that we're looking for any comments consensus will take that ok all right now to chapter five page five dash six action five point one zero registering historic sites to the nature national registry the committee requested additional community input relating to community control over historic sites and whether or not to register sites on the national registry the concern was that the community would lose local control of historic sites or registered members mr okama that was a concern of yours as well from i don't want to be stuck in ok and so for me i think we need some balance i think one of the things is we really need to have the committee understand because most of what is i don't need my house to be on national historic registry i don't need to jump through ridiculous hoops to just renovate my house for my personal convenience it's none of the business and i think people should be aware upfront and fully inform the community of the consequences of certain actions good and bad thank you and department do you have any comments on this one concerned only one other landowner may just you know demolish sites without community input so i was i was thinking well of course you want things on the register because that adds an additional layer of review if you modify his park structure but after hearing mr hope camas concern that you know i don't want the feds telling me what i can and cannot do with my house and that's  that's a different viewpoint and i haven't considered that viewpoint right now i think there's certainly a place for putting structures and places on the national register and i think that's very important for their preservation  action is really just specific to the jail in the court jail in the courthouse right but it goes to an overall yes that action is is there but it goes to an overall what do we do about historic places i think there was concern about making those historic by mr okama because forg in the subject in general i'd like to hear from the resource folks online if there is any objection objection ok folks you heard the discussion on this is specifically for the jail and the courthouse but in general allowing the community to have a little bit of control over historic sites and whether or not to register sites on national  or tell you how well the other thing is if you want to make it a remodel or something if it was an historic site you would have to go through tons of red tape to get even a remodeled americans maybe decide whether one is better than the other i'm certainly not an expert on six verses the national register but there are two registers one is state one is is federal i'm not sure if one offers flexibility more than another i know statute sixty largely mirrors the federal statu is a matter of you know i was as you had previously commented about being fifth etc i know there's a number of sites that are on the state register that are not on the national so there's a public process involved thank you very much and go ahead i would i would also comment and just because this particular action it's not necessary to name every single eligible location should there be a drive with the community or with the company place locations on the state or national about other structures so agreed provide assistance to the landowner if they choose to nominate the jail and courthouse or other structures to the national register of any comments on that members i'm fine with adding not seeing hearing no objection will so provide assistance to an order if they choose to nominate the jail and right same page action five point one six which says coordinate with state to conduct a feasibility study to establish the state cultural park on line i now see pac we question some additional community input relating to the cult quote unquote cultural park members didn't recall any discussion about a cultural park we deleted cultural park references in both policy and actions and department planning department noted that the cultural part is in the existing community mr hall common i think you brought this up as well what cultural park and this effort so i am not sure if that was what the committee had intended to move towards this museum cultural facility or they're looking at something as what we have done in the valley with various and i'm not sure who put that was obviously in there in the initial draft it appears and it's made us all its way all the way through so i'd like to ask i know we asked several folks last ok members any comments i put a nine it is ok you and then five point eight eleven under action so it says collaborate in state with community groups such as  in that list steen to add c or c and burial we took out deleted was such as the local council or similar hawaiian advisory council it just said community groups and then put them we burial there ok and that's it members any objection to that seeing none think you are going right along all right here's the fun stuff for fun stuff it's all fun page seven dash would get that have staff look that up let me read the new policy number four support the provisions on their land use entitlements of the water use and develop a plan by deferring additional incremental discretionary entitlement spending careful consideration of the adequa y of long term water supply sources and infrastructure wanted to get comments from council on this policy's effect to the concerns that mr okama and the members of the pack at it if the desalination plant goes away this will have this this is the along page seven dash five we had it we added a new policy number eleven support development adoption in implementation of a wellhead protection strategy and ordinance for county water distribution system county not a private and public entity we still have no control over and we can't tell them what to do but we still have the fact that it has to be part of the development plan because we draw from the scene strong you know with the same  statements from council and yesterday from the state department of health so we're pretty good on that next item is on page seven dash lead agency in the water action table the whole table  community groups sanctioned by the county just wanted to remind you that the language we are going to put in there here and after references to in the action tables will include other relevant community groups sanctioned by the county and the comments on that ok moving right along again page seventy six table seven point two  since we added l y x there actually there was a concern to put or by the department to put n g o s in there as well but with that language i think we're ok that that includes you know because we say other relevant community groups sanctioned by the county that's pretty much including n g o s as a partner say unless anybody else has any other comment on that for this next one page seven dash six action seven point zero nine we requested a follow up with the company to confirm the feasibility of june twenty fifteen deadline to cover the brackish reservoir that the water company could also be purchased there is a five year period by which we must come back to them and complete list of items are valued at ten million dollars one of the items on net list is the covering of that reservoir so putting it a two thousand and seventeen would be correct ok numbers any concerns on that ok thank you ok page seven dash fifteen action seven point two six that was the steel poles for primary transmission lines give you a chance to turn to that page and that was that we requested additional community and per foot on the concern of steel poles affecting scenic or historic character of the night and i know i got a couple comments from some folks there saying they were ok with the steel deal i mean the big preference would be underground but that's expected and again german might my thing is you know all companies want undergrown it's part of the subdivision  because i don't want affluent communities to have underground benefits right but maybe we might want to see if we want to consider incremental financing to a first for certain districts who live there ok members without objection i'd like to ask the two folks that are resource there ok mr macomber miss dela cruz are both any comments on that transmission lines during new or replacement projects you guys still ok with that b i know we pulled it out at the request of the you know it at the suggestion of the planning department but you know sure sure well members i'm fine with putting that back in i just find it interesting that you know that's a tough one that's a tough choice but if they have a smaller steel pole that i guess that's a good compromise so without objection we can throw that back in that action item if it is in the original copy but we had voted to move it out so we're ok with putting it back  the subdivision called already that if it all possible to underground so that's not the issue the issue is more of the transmission lines coming  thirteen strategy to see if you can flip to that page we kind of had this discussion at the very beginning of this meeting but i just want to reiterate you know we had some concerns on supporting functions that  facilities to allow terminally ill patients to remain on the island in facilities or at home in their last days and all through those issues and strateg i believe we did change it to encourage cetera but i just wanted to make sure that the members are ok with changing all that from support to encourage because i'm not sure that we have the financial wherewithal to help financially support some of that stuff so members are we ok with changing all the supports to encourage in that those issues ok five it talks about we need to clarify whether office on aging or council and an aging is appropriate agency is a partner action eight point two five identifies the office on aging i'm thinking office on aging is more more towards the right entity and if they want to involve the council on aging that's their coolie on it ok any comments on that any concerns members ok moving right on chapter nine under existing conditions page nine dash two lines eleven to fourteen we want to revisit to address plenty departments proposed deletion of the last sentence and first paragraph on nine dash t ordinance the department i think has some language that might help with that i know there are some concerns with the legality of some of the stuff of putting ordinances in in the  n itself apartment did you have some language that you're looking for in that you know we originally proposed to remove this language just because you know it's you have those project district ordinance are law and they have to be complied with  regardless of you know putting them in the community plan saying that you have to comply with the you know i example i use for myself anyways i don't need a special law passed for me of a the speed limits i already have to do that by virtue county ordinance u and mr chairman i'm i'm i think my question is why do we need this anyway because those requirements are already a matter of law included in those chapters there are there in the ordinances y have required agreements and conditions that shall be fulfilled period and leaving it at that will will help alleviate some concerns and jamie in what they feel thank you members any concerns with that and i just want to know that and for the record as well member o'connor a question for the committee report to emphasise that the council holds authority to change ordinances and that the community plan is not intended to influence or prompt ordinance changes or encourage noncompliance relating to existing conditions of development approvals i just want that agreement that the manelli development was a concession for no future development in the area haven't seen an agreement i'm not sure that there's one in i still say i still stand by our action of taking that out and i think the committee agrees with that so the department wants to talk about  the issue is that if we do take it out we have to change the map nine point five i believe because it says see the detailed map nine six so we can certainly change that they also the department wants to remind us that in that case the land use designation pretty much stays as is in the one thousand nine hundred community plan the committee that that's what that would return to also though it wouldn't just be the resort area or the world but also the buffer would disappear and the little park designations on either end would just right now mr obama's favorite spot page nine dash seven and nine dash eight and map nine point eight we requested some additional community input on the mixed use residential project that is labeled as manelli malka but i understand that's not the actual name of the place did anybody approach you  difficult situations where they may be commercial lease or rent holidays for certain businesses tells me that we're not ready to have more areas with more commercial to create more throughout the sea pack i think this is just important for the right throughout the process throughout the planning commission process and even during the workshops that you know were acquired to hold a couple workshops  o that are not just open to the general public and i attended one and was remarkably well attended drew a lot of interest and there was support for for some development in this area at least that's and in our experience there was support for it the likes of the c pac in the planning commission it was for local  that was the intent to provide an alternative place for local residents to live and the this small amount of commercial was for you know for the convenience of those residents in that area and as well as there was some discussion of senior housing in that area there is a little bit warmer and i think that's just that should just action table mr okama my notes have requested come up with some link he said he was going to come up with some language on nine point  earlier in the chapter  status report all come that makes sense to wait for the status report and then do that action ok you're ok with that then yes all right numbers any concerns all right thank you  chapter twelve action table on page twelve dash three we talked about this a little bit we were going to i think we recommended referral to a committee in the matter relating to publishing agendas and public notices in multiple languages i think that's a broader  have clarification i think from the department on how the changes to the action tables have affected the priorities in the implementation actions i'm not sure that they're they've been affected too much but i just wanted to double check with the department and we're almost done members bear with me we can do this fairly quickly point one which is in chapter fourteen members we want to clarification of the effects of the u s fish and wildlife overlay is a federal destination  initiated administered by the u s and fish and wildlife do we have any say on that i guess that's through the department mr chairman we don't really have a  law basically the critical habitat designations affect only federal agency actions or federally funded or permitted activities ok critical habitat designations do not affect activities by private landowners if there is no federal nexus that means funding or authorization ok members any concerns with that we that we were concerned about what that effect was and then we also in that that would be an endangered species this is that we're talking about critical habitat for plants fish and wildlife service the layer that's on the map shows plant habitats and so endangered species would location and there may be petrol issues were guard most of whether it's critical habitat or not or horry bout or you know name a flying into whatever so that that's somewhat independent that the critical habitat does is for endangered species however but that's saying this is where they're going to breed or you know endangered plants or that's information only that's if we don't put it in the plan it doesn't mean it goes away it's apparently already there placed there by the u s fish and wildlife service  explanation of what the lane classification means it came from the database and we need to check with real property tax and or public works how that classification was determined so we'll do that offline and the same the same we requested clarification that the hotel and not your road is not owned by the county company and it's in the database that way and w nine point eight again that manelli malka project will hear from the community when we come on the eighteenth one we're recommending the matter relating to the review of outstanding compliance condition codes relating chapters one thousand seven hundred seven one county code and other outstanding conditions of entitlement approvals to the appropriate standing committee which would be this one i believe so can we make that an item and i think your request to mr spence the compliance report is that right report and just tell them the members of the council the conditions of approval for these project districts are are being complied with ok well we can certainly bring that up in this when we will item it's the chairs recommendation at least on appendix nine point one two delete all of the actual ordinances but leave in the t we'll pick that up all those ordinances and conditions up in this item that we're going to talk about and if necessary since it's a government change it's not a big deal we'll make those changes back to the community plan any objections to that great thank you and the last item and i'm going to move to the chair yes sorry before we move on but just in reference i think m you have two primary developments on the island and those happen to be project district when we get to west maui we have hotel apartment we have numbers i'm not sure that that's going to be a useful list for the other community plan areas to show the history of and the reason i'm including the other zoning districts is because those have a major effect on an area to just if we just list the project that's not a complete picture of all the changes in zoning and all the developments that would occur on the west side a lot more things if you want to talk about history of development there's a lot more things that go on on the west side than have a discussion with that if that's right miss cochran we can make that an item as well as to discuss elements that we would like to see or discuss i want to do a because this one could be a long one and it could be an executive session it probably will be an executive session item it's appendix nine point four so i will move that over we will have for hopefully around the first of april a completed draft from this committee to present to the lanai community and they'll have a chance they'll have about fifteen days too review it and take a look at it in when we go over there it's my intent lester's huge major changes which i don't foresee to pass