are you there items i am nine eliminating building code exemptions for conservation district and hoeing homelands and i am fifty eight amending section ten point six zero point zero four two maui county code crosswalk up there with district staff please testify on items listed on the agenda and you will have three minutes testifying it looks like i may not have the testifiers are there any testif and just checking to see if there's anyone there to testify we have someone calling her on a actual cell phone at this time i'll give it a few moments and if not we  show close public testimony without objections thank you members ok jumping into i am nine eliminating building code exemptions for conservation district in hawaiian homeland and this county communication thirteen dash one thirty five from council member mike waite transmitting a proposed bill to eliminate exemptions in the building code of the county relating to lands within the conservation district or lands designated as homelands and the corresponded dated july fifth twenty sixteen department of corporation council transmitting a revised proposed bill and titled a bill for an ordinance amending section sixteen point two six b point one zero one county code to eliminate the exemption in the building code of the county a maori relating to lands within conservation district and the purpose of this revised proposed bill is to eliminate the exemption building code of the county of maui relating to lands within this conservation district so at this time the committee met on this back on march fourteenth twenty sixteen an additional research and outreach was needed before we could consider exemption for department a hawaiian homelands particularly particularly as it relates to whether or not the county has oversight on property and the ramifications of exempting these properties so based on committees prior discussion the department of corporation so felt more comfortable with this portion of the bill dealing with conservation districts only and that is that is what you see in the revised proposed bill today eliminating the building  exemptions for lands in conservation districts would allow the real property tax division to update county records this would be important in the event of a national disaster to be recognized for any federal relief it would also allow county to receive our fair share of tax revenue for these lands and to help to apply of the standard building permit process to ensure that structures built on these lands meet health and safety requirements i might also remind the members the office of conservation and coastal lands administrator samuel them all in his letter to march tenth twenty fifth is in full support of this measure he believes that change will assist them in implementing new rules relating to construction activity in the conservation will assist both the state and county in better managing our natural resources so with that explanation i should open up the floor to conservation land as you know the state department land of natural resources and administers those lands and so on folks who are doing work on conservation lands actually process some kind of plans and approvals through dion are they also of course one is and effective date since we don't know what's in process with deal in our might make sense to have an effective date of about ninety days after if this passes this committee in the full council so we exemption and they're not part of the bill so i don't know if posting a problem with the way i am supposed to do it is something if this item passes on building code we should immediately look at the plumbing and electrical codes and that's it thank you director and yes due to the title of what's the agenda we won't be going to that topic at this time that you that will be sure to come so thank you for your comments director members any need for clarification and comments yes i think it's here and thank you for the changes to the bill the question i have regarding the effective date my recollection is the bane reason for us to do this and i understand the pipeline issue the main reason for us to do this is simply to get cation that there is a there is building activity not that we would be requiring you to go through all the drawings and everything like you do it a normal process but a recollection was of the main reason for this was so that we're  getting information that there's going to be a structure built on a property and it was driven by believe there are a couple of buildings identified by the by the pic comment to exist on parcels we had no idea of had buildings and so i'm not sure that we really need to have a ninety day delay in the effective date if the main reason is just to know that there's something going on so if there's something in the pipeline i think it could be maybe we may have to say something in the committee report but  it seems to me that as long as we know that something's happening we don't necessarily have to have the approval of those things that are already in place is just notifications i wouldn't want us to miss out on something that because they've already started they don't need to talk to us so i'm not sure how you would suggest we deal with that but yes director thank you chair chair white i think number inspections just like any other structure that we issue a building permit for i thought i have is that again say the bill were to pass and if it had if it didn't go if it wasn't affected year or up until the effective date so give us out in two or three years yeah we could go back a ways and they could provide us a list of everything that they've approved going backwards to i guess even the effect date whatever that would be i'm just little worried about the pipeline as you mentioned oh i know i think the pipeline is pretty thin but see some folks have some reasonable expectation that they just need deal in our pool so you'd be comfortable if we just said and we get the list from our trudy public works and we see that there are some that have not been taxed accordingly based on their opposition of that property or structure for the taxes for when they nice property from the state we are able to lean their name us any property that they have in that property the structure for that matter any permanent improvements yes  assess structure so that we find that way but there are some instances where we do not have that cup ability to get in it but again deep down the tree has been very useful for us again in the  item no thank you thank you thank you for being here and oh yes mr obama you know one other things that i wanted to  administrate over with regarding the exception in building codes for those areas we currently sample now without this amendment and i think if we can and i don't know if we have the jurisdiction to say you are exempt state or x y company based on our argument but instead of just taking it but granted that they are exempt they need to come to us and they that exemption i called the boss at the exception so i don't know if how can we do that but that's if we had jurisdiction and can we sign someone that did not calming get exemption i don't know so that's probably aim or smith point of view but this is the discussion i had with my administrators and then it it informs us that there are these being done in that particular area we don't have to make them go through all our plumbing well really so just wanted to know what would be your performance in direction i guess that would fit in under this agenda agenda title where you in your draft to us yeah i kind of wanted to move this i mean if we can address that in future a future meeting along with building and all the other adjustments to coincide just in addition because i have seen some people that requesting bill permit and i don't think that when they put their application all the agencies are notified location even though they have their own water they still have to go through the water and being accepted there even though they have their own septic they still go through the solar department of health in our process so i march tenth thing and he's and he's in again very huge support of this and will help  assist the state implementing their new rules related construction activity in conservation districts and believes it will help assist both of us state county and he's also in support of proposals to amend the electrical and plumbing codes that director good mention and i guess my question for mr is if this perv poser legislation is going to impact assess property values in our conservation it's always a positive to our ability to fairly packs the community because those that's here them that we are not able to assess at the moment are enjoying the  ok thank you very much and so this pass is now we'll be able to get those revenues for this next coming up coming taxation period this can go into effect time in time for that we discussing the hawaiian homelands delinquencies we have currently what i'm discussing yes is it concerns me you know i've been here ten years and i've been hearing this now for ten years and it's built a lot of them they pay their fair share but the older ones the one that we have challenging time being from them thank you director promises that have been made but you know we've really never looked into the nitty gritty of it we mention it but then we don't dig into it so i really don't know right and i guess that could be for another day  other subject right and i don't disagree that this needs to be looked into that portion was taking out of this particular legislation for today be due to the fan there's a whole lot  discussed in reference to department of homeland and just hopefully wanted to focus on the conservation aspect at this point and see if we can move something out so our property tax division can start  if it's something that can be easily fixed with posting for a subsequent meeting then i guess i would prefer that but you know we we can administer it as is but if it's something we don't relatively quickly it's probably worth  hoping department would at it you know coincide with this but my intent and then again you know we can possibly add in the comments that you had earlier with you know who presents the lists and how do we get notified and where does that come from and who make sure that that gets handed to us that we know what's happening on our conservation lands so perhaps that can get incorporated into the new version too i just want to make sure we don't lose that opportunity in generating this revenue for the coming in you know budget cycle so i believe that we can probably fit it in to accommodate all the changes needed with director goods comments too and so i don't think it has to has to be pushed out today and i think with this discussion we've decided you know looking at adjustments but i really really want to make sure all those points are covered in the next meeting so we can fully get this done and that we again getting appropriations generated off these conservation lands so i guess without any further need for discussions questions comments in regards to this item at this point then ok so without objection of the members we shall defer and do a little bit more work on this and i shall bring it up as soon as i have another meeting ok thank you very much so approximately four hundred feet in the north of the intersection with the mill street and you can notice up on the screen we have a visual to show you folks where this  is and this is the public works commission reviewed this matter and it's a median of march twenty third twenty sixteen and voted in favor of the proposal please refer to a copy of public works today's meeting a copy of commission's minutes from march twenty third ms the app is to get out right now and color copy showing different views of the site of the proposed cross walk and it's also up on the it and they need to submit construction plans which they have done and it's from what i understand they're ready to be approved there is one item which we have not received back from them and that is that we ask to be executed with us for the maintenance of the crossing and related improvements our feeling was that this cross walk was really specific for one business and one entity  wasn't otherwise something we felt we would have been doing we have not received a response as relates to the agreement but they have proceeded with the construction plans and everything else chair while we did set it up for the committee to entertain there's a bill accompanying mentioning that this cross walk we would still like to pursue the made an agreement we feel that if and that's where we're at ok thank you director so this was one of the conditions asked of public commission of the entity was discussed the shoulder on one side and get some questions about lighting for recall correctly but i don't recall as discussing the agreement with the commission ok so your department is currently waiting for some type of response still right and we have any actually had any response and so our october letter on that item they responded everything else and made the construction plans and got it this far along can move forward but otherwise if you feel that as we do that made us agreement in this case as responsible thing to do then we probably has to defer the item until the made its agreement is ready ok i guess my one question members if you don't mind this is installed by the restaurant tiffany's and there so you the department will still have oversight on there you know lane it out str whatever needs to be done is that that's great in fact we've already approved basically approved plans ready to go and like anybody else that does work on our right away  normally it's they're hooking up with a water lateral or a sewer lateral or do some electrical work having a driveway we inspect that work so he wouldn't spect it is the first case that i'm aware of or adding a cross walk in about a kind of code that someone else is it's pretty tight and so that never really got much traction but i think long term it's something that we should be had we should have in that area and there's a fair amount of commercial activity if i can ask all this color orange area that is private property i don't know if that goes exactly to the property lines but it generally describes a private property not sure within the asphalt to make that cut back to the left wing so i could look par and feel bad driving myself so is that something you can you live in a that greatly but i think it would get better look at the dynamic all the dynamics are i thought it was require and they did the gas station to add that i guess maybe an anticipation of a phase two which may have four lanes so it's definitely something i would agree needs to be looked  in order to do the cross walk currently you know we all destruction plans construction plans in order and they've been approved for is just in the process either ready to be approved or have been approved and so  in my notes it's as the commission recommended that prior to installation that you know certain things are done such as the lady in mr holcombe is mentioning adequate lady be implemented warning traffic control devices of course the required markings on the road so has do you know if we are going to mean it will not be approved unless they do your staff takes the recommendations you know strongly and they've all the markings are there that's part of the plan and that was lighting was the other thing morning traffic lighting understanding is that they're going to process a separate request to be on a street light request and they should also eventually go to the public works commission and we've looked at the lighting is pictures doesn't have a white and then so it's almost as if she had had a light a long time ago i think judging by every other like every other poll having a like it's missing there that's a poll just so there are right of tiffany's and there's no like you look too down i think it is anyway so we have to dig back in the archives maybe there was a later one time i had no idea but a plan a minor standing was their plan was to submit a request to the normal street lighting request process our staff notes and you know they've been there in the evening to that their parking lot lights now pretty lights in the temporary lot grab a lot and there are some spillover from those lights in that area so it does help to eliminate the  i mean i think of course i think the lady because it is dark there is very important but no sight on versus a sidewalk just in itself i think is very helpful as you say mr obama people speed down that road so it's already quite hazardous are there other examples director that you know of that business or private entity has constructed a crosswalk like this in  intersection to do you have any other examples that you can think of because i'm trying to think on the maintenance aspect of it if are there is it others have taken that responsibility and cross walk i think there's a project that's coming up in key i guess they called the crowds project was that before council one point they were developing both sides of th road so they're going to have traffic back and forth they're probably going to be adding cross walks as part of that but i'm not aware of any maintenance agreements there because at this this particular case was with it if you feel that it's something that we should be doing as part of our maintenance you will do it if you get angry at the department there may we wait till we get that agreement ready work that out in the agreement ok and so in your opening comments you would prefer to have that agreement signed or at least acknowledged that somehow first before passing  i also see the a budding business or what we commonly called the archies restaurant again they have a difficult and unique parking situation a lot of people have decent business even safe because of reduced what i would consider reduced speed by people being cognizant of pedestrian use i guess he others have inside type of  taking care of the greater responsibility especially right now with the temporary lates are they required to comply we shooting requirements if we but as temporary lighting devices yeah probably not it's on wheels so yeah i just i don't know if we need to have those issues here at all at least be aware that it needs to stay within the shooting parameters of the county ordinances  i think we should just be upfront with the property owners what these are their potential responsibilities perry thank you you're welcome and so this road is too much of i guess a thoroughfare in get very very busy and we are always running across the road and hoping that you know nobody speeding fortunately it's it's easy to see see because it's way too open but disputing it becomes very dangerous so i think it's a good idea and you know again this year we are at the private public partnership thing they're going to put into the cross walk and if we didn't i think we've got a good partnership there also then we'd have to be chasing them to make sure that the maintenance the other way it just isn't your schedule of what you do so i like this i think it's really really private partnerships going on here and it's not a huge you know i don't think a big undertaking i guess you could pursue scene if they want to respond to your maintenance agreement but i think overall it's one of all entertain a motion to recommend passage on first reading of the proposed bill intitled a bill for an ordinance amending section ten point six zero point zero four two we county code in relating to cross walks incorporating any non and members or is there any need for discussion on the matter and all those in favor say aye and any opposed say no and looks like motion passes with six thank you for your input today and it looks like we have completed the agenda and there we are