present to conduct the business of the council thank you mr clarke and for this morning's opening remarks we have them provided by missed by so thank you very much chair until this past sunday i had prepared to make my remarks today about father's day in celebration of that special day and i wish our fathers a glorious day however after turning on my t v sunday morning my focus and thoughts turned to a land o and the mass shooting that had occurred at a ga nightclub in the early hours of the day shocked and in disbelief i read the news on line read the news watch more t v news and later that morning cheerfully shared my thoughts with friends at a previously planned brunch it has been declared that this shooting is the worst terrorist action in the usa since nine eleven pope francis called it terrible and absurd violence president obama called it an act of terror and an act of hate florida governor rick scott said this is clearly an act of terrorism it's sickening and should make every american angry after listening to many news reports our leaders comments and watching as the names of the d are read and bells rung the horror i went in search of some words of comfort and inspiration to process the horror of this situation and restore some positive thoughts i found a few pieces that i would like to share with you all today i hope they bring some comfort to you to one of them starts with grief it's like the ocean it comes in waves and being and flowing sometimes the water is calm and sometimes it's overwhelming all we can do is learn to swim another one about life after last especially in times of loss the strength  resiliency of the human spirit allows us to open our hearts and souls to heal together with renewed appreciation of the fragile gift of life we discovered beauty in love comfort and heeding most importantly we're reminded of what really matters in life and that will never leave us our faith in our love that never ends and lastly another when i was a child i would see scary things in the news my mother would say to me look for the help first you will always find people who are helping to this day especially in times of disaster i remember my mother's words and i am always comforted by realizing that there are still so many helpers so many people caring people in this world and so it is with this situation we have seen stories of heroism first responders blood donors restaurants donating food friends and families all united in helping we shall overcome america is a great country and we will survive and be stronger may they rest in peace thank you very much for those before you a proposed ceremonial resolution entitled congratulating baldwin high school's gold medal winners at the two thousand and sixteen state track and field championships it's a victory no thank you researcher i wanted to move this motion congratulating baldwin high school gold medal winners at the two thousand and sixteen the track and field championships the two thousand and sixteen state track and field championships whereas davis a senior at bolton high school won four gold medals and set two state records at the two thousand and sixteen state track and field championships held at the schools couple on the campus in honolulu hawaii on may seventh two thousand and sixteen and whereas the maui news reported that the performance ranks among the best in state history and where as a whole davis set a new state record in the boy's long jump and won the event with a distance of twenty four feet ten inches which is more than a foot better than the previous state record and whereas in the boys triple jump event called davis won another gold medal with a jump of forty nine feet ten and three fourths inches which broke a thirty year old state record and whereas davis also cleared six feet eight inches in the boys high jump event to earn another gold medal and whereas the bottom bears four by four hundred meter relay team consisting of davis just sell a queen o shaun fuko hora and bailey high school in a photo finish to claim the state title and gold medals in that event and whereas with the support of the dedicated coaches and staff these athletes have attained excellence in track and field and whereas the exceptional performance dedication and team spirit of these individuals have brought pride and honor to the people of the county of maui now therefore be resolved by the council of the county of mali one that is here by and principal katherine kilborne baldwin high school sheet superintendent a district balding complex area job long to tell executive director ma interscholastic league christopher chun executive director hoyt high school athletic records that was important in that evening it was his team and the foot by four hundred their record also stands tall helping baldwin accomplish what they did on that fateful night it's amazing when you think our children here in my county again stand tall on state premises on state records and in state competition i am proud to see that these young men and their future has been started with this event with the state track and field me i look forward to seeing them do bigger and better things as far as luck is concerned not only that he was main the at meat of the year for the m i l which i remember another young man cheering that same on him but also to the hall of fame and this is something that is amazing because not many at least from the neighbor and get recognized in that respect but most importantly it's the team effort on behalf of all the high school their coaches and their supporters that made this evening a very special evening a lot of care will walk away knowing the great usual we have and i like that we have more and more people coming up here winning state awards doing setting records it's just shows that maui's always there thank you that the amount of work that it takes to get to the level of winning the state championship is really significant so i take my hat off to the four of you for doing what you've done and bringing great hon there hang out don't forget to continue hanging out there is taco bell i get to see him there at taco bell and so i want to be spoke race too so that's stuck in place and i guess those bar regal's and those tacos rocks thank you r if i may these are the representatives and their coach from the baldwin track and field team we wish all of them could have been here but it's really really difficult at this time where the law even though you may have gotten the rest of the team along with your coach made up the difference in all of this accomplishments all of you were able to achieve so at this time if any of a lot would you like to start off and then if you want to say a few words gentlemen again congratulations my friend teaching me well not just athletic wise but you know the character and i like to think my parents are coming out every single practice every day and not complaining about it  achieve and i like to think my parents far is pushing well and we just like to say thank you for this great recognition know before you leave i only have one percent now but the rest will be coming she told me and one more thing i wanted to let you know that i was with sheen this past week and he passed on his congratulations to you because you know how it is records of being records are made to be broken and so hopefully one day fifty years from now their record maybe i mean at the rest of you thank you very much and he said congratulations to all of you even though he came from she meant that he  one state based championship on may seventh two thousand and sixteen at my horace stadium in hawaii and whereas the bottom bears beat pearl city high school five to one claiming the school's fis state championship and becoming the most decorated baseball program on the neighbor islands and where as second seeded baldwin beat waipahu high school seven to one in the quarter finals and campbell high school three to two in the semifinals with a dramatic comeback that included two runs in the bears last at bat and whereas the b most outstanding player and whereas bolton finished it's remarkable season with a perfect record of seventeen and zero probably giving head coach john championship in his ninth and final season leading the bears as he now takes over as athletic director of command may have schools years since we had won a state championship in a fire in memory serves me right the last state championship we won as a in this county was in two thousand when won the baseball tournament and i know the last time we n to be one of the forces within this state when it comes to the baseball program they've had many players that have come out that have gone to the professional ranks and collegiate rings none other than perches wookiee who now plays for the minnesota twins brandon kobe and others who have been in minor league programs and this program develops young men to be good productive citizens and many of the names that you heard as far as coaching work were concerned were were young man that played at times when my son michael and shane played for seen anthony and so these gentlemen have come back and given the parent will support the boost the support is outstanding when it comes to baldwin and like mist or commissariat is always sweet when we can beat those private schools no offense to the private schools they have the facilities they have the money they have the the w t to take championship have to championship our public schools have to work twice as hard so i want to congratulate the young men putting all that time and sweat and effort to be successful to their coaches who made the right decisions at the right time but more importantly their boosters their supporters and their families who are there for them each and every day at games and at practice as you heard earlier i wish all of them continued success i wish all the seniors who are leaving success in their endeavors whether it's collegiate any other part of baseball and most importantly you will see the hollow once again for helping us stand tall in this state last comments i made again and i concur with mr victory knows remarks and also just for the young men in this team they a team sports are very important to learning to work together with a group of people individual stand outs as we had in the last one as well as a team are good for certain easier for me there's about been some great giving to the team and i just want to add mine and to say again you know it's really noticeable in the time that i've been here how often we have our youngsters here winning titles both here in maui and in the states and all over the minute and so it's very very impressive and i want to say congratulations to them and to their parents and their coaches and everybody job well done thank you thank you from our island of mulcahy i'd like to extend our fondest congratulations i hear the names on your coaching staff and some of your team members and we all have the  any further discussion i'll just add my remarks i think it's another example of how great my we public school system is in providing us championship after championship and it's as miss by said it it's really fun for us because we get to see these kids and other kids coming through this chamber time after time showing that maui does an incredible job competing at the state level and we have nothing but pride in all the efforts that you put in nothing but pride and all the family support that i know comes in to make things like this happen and so to the parents i take my hat off to you to the coaches great job guiding these young gentleman and to those  players you've got a super job and thank you for bringing pride to maui once again so with that there's no for the discussion call for the vote of those in favor of placing a five by again ladies and gentlemen i take great pride in introducing the two thousand and sixteen a white state while you know many baseball champions the ball the high school baseball team i know all the accolades have been said the teamwork the effort the hard work all of you have put in your coaches your parents your supporters there's not much that can be said so i'm going to call upon you're at legg directed to say a few words your coach i know he doesn't like to say much but  you know just a super job and they did it the right way also wanted to thank the artists and her staff you know they did a great job as well and yet the most important thing is teaching our young athletes out to be good people and i think these two coaches and coaching staffs they do that very well so i want to thank them for that and thank and you know when when the state championships come around you know i know our teams at bottom high school do a very good job in representing the island of maui and we're very proud to represent down in a mile in very fortunate to win the state championship this year which is pretty loose of in baseball but nevertheless you know we we have great leadership at our school you know starting from our principal toilet director and down to all of our assisting coaches you know so you know that dynasty to want to say you know that but bought in high school is very strong and you know it starts from the top and we're very fortunate to have good leadership there and i'm going to miss a school very very  best of luck to all of you and thank you and good luck to you john thank you guy for being here and if we could scan the audience to all the parents that came to did from all that high school please writes please stand up for the record resolution sixteen dash eighty five mr chair proceeding with the presentation of testimony on agenda items we've established a limited interactive communication that enables individuals from honda to provide testimony from our district offices today's agenda pursuant to the rules of the counsel each specifier may be allowed to testify for up to three minutes when testifying police age or name in the name of any organization you represent currently we have no testifiers waiting at our district offices will proceed with testimony in the council chamber mr chair we have six members six individuals who have signed up to testify in the council chamber first person to testify is jim smith testifying on kind of communication sixteen dash one zero nine and sixteen plan back to his committee i think that it is not going to harm anything it's not going to expire on its own terms it's not going to be repealed but what's going to happen is there's some significant problems that are going to be addressed and they are bigger than when i if you look at a may fourth a letter from the mayor to your committee there's allegations about  nations and failures to include conservation districts from the planning director informing you of these problems and i think it's significant that  will do what i think is a difficult thing for him to do is to remove something like this and bring it to his committee committee and i think that is what the community is i think that's what separates our culture from many other that's why we don't have to have violence it's because we are actually included people like jim smith or include you give me a break so thank you so the next topic of my testimony my next testimony is regarding a corporation counsel opinion that you received and it is identified as cut communication sixteen schwannoma five ok and this to me is very significant because it actually helps us to understand what the problem is and where the problem ok what this attorney does is he takes the word designation and he uses it indiscriminately he uses it for community plant boundary he uses it for a state land use designation and that reflects a certain ignorance you see because a community plan bound ok really has the effect of informing neighbors it has the effect of requiring assessments that's the only tangible effect it has on development is the fact that when you change your community plan boundary you have to inform people and you have to assess the effects so that is what community plan boundaries do in our state land use district ok is different that effects the private property rights of an individual ok that says this is the use you can you see they are totally different animals but for some reason this is bent interwoven into this process to where it becomes dysfunctional to where the individual who is telling you that definition rules if he has the proper status and so this function follows so this or opinion needs to be taken back and looked at for its absurdity because that's what we're faced with is this language of control that they're putting on us and saying designat what designation where is the meat of that and you don't get that because if you've got that you'd know and if you know what they can't have power over you because it's unknow so i would say please view this corporation counsel opinion as part of the problem or thank you very much for the next  topic that i wish to comment on is the of the bill sixty seven ok now this is a not the example of the problem i've just described bill number sixty seven so it's up a model that is non regulatory basically if you look at the existing plan you'll see a simplified contents and you'll see under that a very specific problem which is interregional ish ok and this model takes that out and when you take out into regional issues but ni becomes a separate item that district voting is pretty pursued if you separate the nod and you separate and there's no into regional action well i'd is there to keep from district both the nothing but the into regional issues why are you losing why are you taking that out because it looks cool there's nowhere in that plan in which these into regional issues are specifically addressed and there should be so when you take this plan in airy plan back please return into regional issues as a specific regarding that interregional issue if you look at what i've testified to it's all the same it's the same thing it's all about knowing it's all about us respecting each other and presuming that what we say are understood is understood because it's common it's not an expert it's not a technical drawing or a diagram it's right here he'll be followed by william spence good morning good morning everyone good morning just a few things to think about as we are looking at the second reading of the one i plan the letter from  michael hooper helper finance the name right upper upper thank you indicates that the that the there's an inconsistency and this is so interesting because when of course the  maori island plan was first put forward it was put forward to solve the inconsistency between the general plan and the community plans but here we see after all these years they're still in consistencies and i'd like to say that the whole process has been inconsistent and we in haiku are very concerned that this is going to come down to us and how will we be treated as well as the charter this is for example the charter allows a revision of the community plans but look what's going on here we're repealing your repeat your ass is being asked to repeal a community plan if this goes against our charter our laws our democracy we just had these young people come up and we told them how were there no coit now we still know koyo and you know and wonderful but yet here you're being asked today to actually work against the charter that protects all of us by repealing law that many people put hours and hours and hours in haiku the last community plan took nine months and now you're going to asked to repeal it what's wrong with it what's wrong with alumni community plan today why does it need to be revised why does it need to be repealed who's driving this what's driving this the process is being used to dilute the people's will the citizen advisory committees or charge have been changed now to the community plan advisory committees change the language some more so that we really don't know what's going on that this is the problem in our government today the planning department is driving its plan like a stake through the heart of the people that you're elected to protect we don't want this process this way and haiku and lynn i folk don't either and the molokai e folk don't either in any case please ensure that the scope of the citizen review is disclosed before there is deception that's next person to testify is william spence testifying bill sixty seven he'll be followed by michelle mclean good morning members good morning we had submitted a letter to the county council dated june fourteenth two thousand and sixteen urging the passage of this of the lanai community plan on second reading but also noting some exceptions are we have to the amendments that were proposed on july third and we explain briefly why that is i want to step outside of my normal demeanor for just a moment and i have to say we take exception i take exception to the disparaging remarks regarding planning department staff we should be proud of the planners who have worked so hard with the community who have reached out beyond what the call of duty for what they needed to do and work with that community and go line by line over what those people wanted to put in the plan and they worked very hard to do so i am extremely proud of the professional planners in my department ok now i would like to urge the passage of this plan without the proposed amendments and i'll tell you why the old plan the one nine hundred ninety eight plan eighteen years old says the number one problem with on i e is economic operetta is economic opportunity  it says we have only one land owner there is no other opportunity on the island but then the plan goes on and says nothing to resolve there's bunch of policies and stuff promote small business  etc but there is no community plan does it nation search no expansion of anything there is no resolution to that issue this new plan as proposed also identifies luxury housing and resort as the only economic opportunity on that island but the plan goes on to resolve that as an issue it proposes a university campus it proposes professional sports film studios it goes on to provide a way out of only resorts as as a as the economic means that ninety eight plan is eighteen years old and is stagnant nothing has changed i was there when it was first adopted nothing has changed it's been eighteen years and we're still dependent on one landowner and we're still dependent on luxury housing and resorts this new plan offers a way out of that to diversify to provide opportunity for the residents there and i would urge the passage of the plan amend testifying on kind of communication sixteen dish one o five and bill sixty seven to be followed by pam eat dinner good morning counsel chair white and members of the council i'm deputy planning director michelle mclean testifying on county communication sixteen one hundred five and bill number sixty seven both relating to the law not your community plan update in addition to the testimony that planning director will spence just gave and the testimony that long range division chief pam eaton will also give we request that you remove the fourteen pages of amendments that were made to bill sixty seven at first reading on june third and passed the plan on second reading today as corporation counsel stated in county communication sixteen one hundred five one of those amendments creates in consistencies with the plan and should clearly be removed that and other amendments all touch upon issues that were discussed openly and extensively by the community plan advisory committee the lanai planning commission and your planning committee at meetings where the document had been made available to the public unlike the june third amendments these issues include landscaping water use airport improvements design standards project district standards coastal erosion and open space these issues were discussed and they were adequately and appropriately addressed in the plan the c pac the commission and planning committee all plainly and decisively chose not to use the language from the one nine eight plan and instead chose the language that was included in the bill presented to you at first reading that language should be retained or written testimony includes a table not a matrix that cites the locations in the plan where these issues were already addressed by other policies and actions the amendments create in consistencies contradictions and confusion because they state one thing while the plan already stated another for example the first of the admins added language that native lanai plant species shall be in shall be utilized for public unqualified public uses but the plan already makes several references to appropriate landscaping including noninvasive drought tolerant plants as well as native plants the amendment was unnecessary and creates contradiction the existing language of the is appropriate underwent extensive review and discussion and should be retained  amended or written testimony provide specific references and other comments to support our request please remove the fourteen pages of amendments that were adopted at first reading adopt no other amendments and allow what is planning program administrator for the long range planning division for the past year and a half i'm here to speak to about two very critical aspects of community planning implementation and community trust one of the things i want to say about the that you plan and the plan which we transmitted in may is that the meaning of a community plan is only in so far as it can actually be implemented i know many of you had very strong feelings about that with the plan experience i heard that quite often and i were hearing that now whether it's community members staff members or whatever but the community plan is as meaningful as it can be implemented i am speaking personally when i say that in the planning experience and   is here with the lanai experience we had many many many meetings very difficult very challenging where we had to explain to the public and the c pack and the planning commission to try to clean up the language an existing community plants many of the community plans existing some of the language in it is overreaching and cannot be implemented by the county any of the dcor or any of the departments and i'm asking you to please break this cycle let's please come out with community plans that have actions of which the county can enforce and implement that's absolutely critical right now the a community plan the updated version before you has one hundred fifty implement actions as you heard from the director of the maui island plant county why policy plan and existing community plans have over one thousand and fifteen implementable actions let's please think about what can truly be implemented in these community plants which leads me to community trust you've heard a lot of very angry frustrated people attesting to this process being frustrated with the process or i ask you to look at the outcome of the process and many of them are frustrated and i'm telling you this now because my staff and i have spent the last three months speaking with folks in west maui to get ready for the west maui community plant and let me tell you what the sentiment is the sentiment is why bother why bother these community plants don't mean anything so i am begging and imploring you to please respect the process and that it be transparent that when we do have amendments that are made they can be implemented and reviewed by the sea pac the planning commission the planning department and corps council i am more concerned about this bigger issue as we're doing community plans we come back to maui right now the public is disenfranchised and they're not trustful and they're not trustful because we producing community plans that cannot be implemented so please take the language out please stick with the original community plan which was fully vetted by the community and language was put in appropriate language to policies and actions  communications sixteen and three mr opens is the last individual who signed up to testify in the council chamber i came down yesterday to do the homework has today's agenda was concerned and was cut about the very first thing in the binder which was a communication to the department of water supply appointed by the mayor and director it came from the state department  commission on water resource management and it says that the way luke who say after thirty three water use a permit has been violated identifies in here that the assignment to third parties and allocations use other than on the original footprint of the area in violation of a decision and order from contested case hearing has already done for this hearing puts the council in jeopardy there's no question that this council had all of this information which has been known for quite some time i'm afraid maybe got hoodwinked in this one and the person from honolulu is saying that the assignment to third parties and the allocation use of them other than on the original footprint to this decision that had already been made is a threat and indeed when you folks were given the paperwork to sign and signed in there that it should go through who knew that there had been a real appropriation of that to mechanic not exactly in cahill any geography so now we've got the state looking in on us and saying we're letting you know that can't go on here it is who made that decision certainly not the person that the director of the water department was working with because that's the person that saf durham in his filed an official complaint so something happened to that marriage between the director of the water department and kalen e and you folks without knowing that did go ahead and sign the resolution clarification see none thank you very much mr cruise for your testimony this morning mr clark mr turner there are no other individuals in the district offices nor the chamber who is softer testimony good let's proceed mr chair proceeding with committee reports you have before you from your committee of the whole the following committee reports committee report sixteen dash ninety six recommending that the proposed resolution entitled authorizing settlement of in the matter of the grievance committee met on may thirty first twenty sixteen to consider a request by the department of the corporation counsel to authorize settlement of the settlement on this case the case involves a terminations of a former police officer in two thousand and thirteen the council previously authorized settlement of this matter by resolutions fifteen dash one three eight and sixteen dash twelve deputy corporation coun said arbitration is ongoing she also noted that the department of the corporation consul was prepared to present a counteroffer from the plaintiff to the counsel's prior authorization following an executive meeting your committee voted five to zero to recommend adoption of their proposed resolution to authorize settlement of the matter under the terms proposed in the executive meeting i ask for the first request was to indemnify former director of environmental management who has been named in his individual capacity as a defendant the second request was to authorize settlement of the case the complaint alleges among other things constitutional violations defamation and intentional infliction of emotional distress arising out of trac in the united states district court for the district of hawaii alleging among other things a violation of the first amendment of the united states constitution based on his speaking as a private citizen about matters of public concern their claims asserted it against the department of environmental management involved the issue on whether he was terminated appropriately following an executive meeting  eight respectively you have before you from economic development energy agriculture recreation committee the following committee report committee report sixteen dash ninety eight recommending the following one that kind of communication fifteen to one thousand be filed to that kind of communication fifteen dollars to sixty nine be filed and three that kind of communication sixteen dash eighty four be filed it's couch thank you mr chair on behalf of the chair and vice chair of economic development energy and culture and recreation committee i moved to adopt the recommendations annual reports from the director of parks and recreation regarding park dedications for each community plan area the reports collectively covered the period from october one two thousand and fourteen through march thirty one two thousand and sixteen you can be notes section eighteen three two zero will be county code requires sup dividers as a condition of approval of a subdivision to dedicate land for a park and playground purposes pay the county and in lieu fee or provide improvements to existing park in the community plan area the county recently but issues of flooding safety and lack of parking and infrastructure remain to be resolved three park is expected to open within three months the park you may be insufficient as a park will include only thirty parking stalls your committee suggested the depart of parks and recreation consider improving existing parks and expediting the completion of the park dedications when negotiating future park assessment agreements and recommended filing of the communications i respect to ask for the council's full support of your committee's recommendation because you have before you from your land use committee the following committee report committee report sixteen dash ninety nine recommending the following one that the proposed bill entitled a bill for an ordinance to change dunning from entering district to our dash three residential district conditional zoning for fourteen point five nine acres at developing the hawaii he passed on first reading of the order to print two that the county clerk record the unilateral agreement and three that kind of communication fifteen dash two one five your committee previously reported on this matter through committee report fifteen dish one one nine which recommended a proposed resolution be adopted to refer to a proposed bill to grant a change in zoning from inturn district agricultural district to the  to cultural district with the single condition of the proposed condition requires any future subdivision lodge to be a minimum of two acres the planet director said there were no objections or concerns raised to the proposed change  mean general support of this proposal and my question for mr carroll and this morning since i'm not a member of his committee is with a two acre requirement on subdivision did the committee or the family dwelling units and if the two acre minimum i was think that that's one of the areas we have sure a last couple of decades set up so that property owners can consider those things especially regarding potential subdivision or improvement requirements put a lot up on subdivision so i just bring it up because i think the grand bush is going to save some money on iraq vs their residential or three left and i just bring that up if that was part of he's spent thousands and thousands of dollars and tried to come to this point so he can actually have to subdivision complete it for his family  and and you know his feels it's important for him to put things in order for his family and it's taken us over a year it's taken us over a year to reach this point of the unilateral agreement so i think there are any further delays and for us to go for the amendment to the community  mr commons appreciate is consideration by i think for that the family is to be able to move forward the next step of subdividing this these lands between the two families navigation that we have to deal with and you know what every day people like this what they have to go through is ridiculous that's what i this and we have a whole lot of reassurance from i remember from the look he was very close to the family in this situation and so i'm going to support the recommendation thank you thank you joe and finally you know  second mr motion for mr victory no with the second from mr couch mr victory monomers to cheer at the meeting of june first two thousand and sixteen by a vote of ninety two zero your policy an intergovernmental affairs committee recommended the board of water supply for term expiring march thirty first two thousand and twenty one to feel a vacancy the council has until july fifth two thousand and sixteen to approve or disapprove or the nominee is deemed appointed i would like to thank mr wallis ski for volunteering to serve on this very important board i respectfully request my members to support this motion mr point of order i believe has to withdraw as previous motion there's a motion on the table to file that communication so just withdraw your ok i withdraw ok ok now i think you're incorrect but that's the question on whether chapters section three dash nine point three should be amended to state the cost of government commission acts only upon the request of the county audit county auditor to whom it is council recommitted the resolution fourteen seventy on july eighth two thousand and fourteen resolution fourteen that seventy reflects a concern that there may be a services between the coster government commission and the office of the county auditor the county auditor stated that the commission works independently from his office the commission reports on different then differences that the county auditors reports where as the commission provides recommendation on future county practices and procedures the office of the county auditor provides audience on the past county activities which may or may not be included in the suggestions for the policy changes after considering the independent value of their rule your community decided the proposed charter i'm in was not needed i respect we quest  and intergovernmental affairs committee recommended the passage on first meeting a resolution in proposing a amendment to be to the revised charter of the county of nine hundred eighty three as amended to change the name of the civil defense agency to dumas we county emergency management agency the purpose of the proposed resolution was to place on the next general election ballot question on whether the charter sections eight dash seven point two and eight dash one six point one should be amended and to rename the civil defense agency to the county emergency management agency and that the civil defen administrator be changed to demolish county emergency management at mena st or the name of the agency was originally selected to address defense during the times of war have before you kind of communication sixteen dash one zero five from the deputy corporation counsel transmitting to the council the matter relating to a bill for an ordinance amending section two point eight zero point zero seven zero my country code to adopt updated than a community plan you kind of communication sixteen dash one zero six from the mer informing the council a vacancy on the civil service commission due to the resignation of i view all or its victory no thank you i move to falcone communication sixteen dash one zero six seven from the mare informing the counsel of a vacancy on the commission on persons with disabilities due to the resignation of gabriel johnson mr victory and move to five county communication sixteen dash one zero seven communication sixteen dash one zero eight from the chair budget finance committee transmitting to the council a proposed bill entitled a bill for an ordinance amending fiscal year two thousand and sixteen budget for the county of maui as it pertains to appendix a part one grant revenue schedule of grants by departments in programs department of for fiscal year two thousand and sixteen budget amendment which ends on june thirtieth two thousand and sixteen which is in a sack please thirteen calendar days we discuss the increase of the seven hundred twenty one thousand seven thirty seven dollars for the department regarding section eight housing program at our a meeting of june fourteenth since timing is a critical factor chairmen of various components because this funds with  salary and wages operations as well as additional housing involved years i'm going to be recommending that the body support this motion at this thing thank you mr okama members any discussion on this item of everybody's information we will be scheduling a special council me on the twenty eighth of this month to deal with this matter as well to get it out and make the funds available before the end of the year so without any further discussion say none of those in favor please signify by saying i was opposed say no as your passive with seven eyes and zero no us back committee counsel rules mr okama chairman we need six affirmative votes by this body to move this motion forward any further discussion members seen none burke for the record bill seventy two two thousand and sixteen you have before you kind of communication sixteen dash one zero nine from the chair planning committee transmitting a proposed resolution entitled approving a time extension for the council to enact  from the director of finance reporting to the council on transfers of the general fund and department of water supply revenue fund to the bond fund as of december thirty first two thousand and fifteen kind of communication sixteen dash one twelve from the director of finance reporting to the council on transfers and the general fund  department of water supply revenue fund to the bond fund as of january thirty first two thousand and sixteen kind of communication sixteen dash one thirteen from the director of finance reporting to the council on transfers loans from the general fund a department of water supply revenue fund to the bond fund as of april thirtieth two thousand and sixteen to your housing human services and transportation committee kind of communication sixteen dash one one four from the director of housing and human concerns transmitting to the council a status update of affordable housing projects in the county of maui to your infrastructure environmental management committee county communication sixteen dash one fifteen from the director of public works transmitting to the council a draft bill and titled a bill for an ordinance amending section ten point six zero point zero four to my county code relating to cross walks referral to the following committees as noted here water resources committee general communication sixteen dash three from the deputy director commission on water resource management transmitting an official complaint from her st thirty three water use permits to your planning committee general communication sixteen dash four from grant china a and b properties incorporated submitting to the council the two thousand and sixteen and your report in accordance with condition number nineteen of ordinance number three five five nine relating if we can kind of back up a little bit i would like to read for a committee be put fifteen sixty six sixty nine and resolution fifteen seventy two to the letter of resources committee along with general communication sixteen point three  mr chair proceeding with the resolution second and final reading you have before you resolution sixteen dash eighty two entitled proposing an amendment to the revised charter of the county of maui one thousand nine hundred three as amended relating to article eleven initiative resolution sixteen  thank you was the chair at its meeting of may twenty third two thousand and sixteen by a vote of nine to zero your policy an intergovernmental affairs committee recommended the passage of the resolution the purpose of the proposed resolution sixteen dash eighty two was to place on the next general election ballot the question whether charter section eleven dash five should be amended to require individuals wishing to withdraw their name from their supplemental some my petition to do so within three days of receipt of the supplementary signature by the county clerk i respect for lee asked the members to pass this motion before you resolution sixteen dash eighty three entitled proposing an amendment to the revised charter of the county of maui nine hundred eighty three as amended relating to article levon initiative regarding the timeframe to review supplemental petition signatures stricter you know  a vote of ninety zero your policy an intergovernmental affairs committee recommended the passage of the resolution the purpose of the resolution sixteen dash eighty three is to place on the next general election ball mr chair proceeding with ordinances second to find a reading you have before you bill number sixty three two thousand and sixteen entitled a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the united states environmental protection agency for settlement of alleged violations at my raceway park authorize the mayor to enter into an intergovernmental agreement with the united states and vironment to protection agency to settle alleged violations of the safe drinking water act relating to a large be you have before you bill number sixty five two thousand and sixteen entitled a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the state of hawaii board of land and natural resources relative to the operation use and maintenance of the central my regional sports revise policies for the cool agricultural park which is a county program to support diversified agriculture the office of economic development manages the four hundred forty five acre cool agricultural park which supports more than two dozen farmers bill sixty four would improve operations at the  to park and support the agricultural community in maui i respectfully ask for the council's full support of this bill bill sixty five would authorize the mayor to execute a proposed agreement with the state board of land and natural resources for the operation maintenance and use of the complete completed portions of the central mary regional sports complex the state of hawaii through its department of land and natural resources is constructing the complex in four phases on sixty five acres owned by the state in white look the property is to be set aside to the county by executive order of the governor when the construction is completed to date the state has appropriated more than thirty one million dollars for the complex the counties that has had to use has had use and maintenance responsibilities of phase one of the complex since its completion in march two thousand and sixteen through a temporary right of entry permit set to expire june thirtieth twenty sixteen the proposed bill will allow the county to have similar use and responsibilities of each subsequent phase of the complex within which the county shell exercise its first option to buy back a residential workforce housing unit from one hundred twenty days to ninety days i am hopeful that these changes will assist discussion on this item or just like to say i think this is a very good move that is going to help reduce mortgages by up to four hundred dollars a month for people moving into affordable housing unit eyes and two excused and members without objection we got three other three other ordinances to vote on and without objection i'd like to move bill sixty seven to the end of authorizing the mayor of the county of maui to enter into an intergovernmental agreement for a joint training agreement between collets two fire and rescue of the state of washington and the county of maui's department of fire and public safety it's victory no thank you mr i move to pass a bill sixty two entitled a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to estimated revenues well community plan area water supply iau water treatment facility replacement project total capital improvement project appropriations and total appropriations before you bill number seventy two thousand and sixteen entitled a bill for an ordinance amending ordinance number forty two twenty seven bill number thirty four two thousand and fifteen authorizing the mayor of the county of maui to enter into an intergovernmental agreement for a loan from the state of hawaii's drinking water treatment concerned about the type of bids this county is receiving in this current construction climate and while we are going to see you know more money than we get into dissipated in the budget is a critical infrastructure improvement that i would ask the big piece of this changeover from shaft to the tree which we we need to shut down this will be to ensure peace are not possible to complete that changeover so unfortunately our bits of come up a little higher than we had expected adopt the updated lenity community plan mr couch thank you mr chair if there are no objections by request of the clerk also bring up at this time county communication sixteen dash one of five because it relates to the adoption of the updated plan mr carroll mr couch mr chair there's been a lot of discussion a lot of testimony back and forth on this item  have some concerns with comments that were made both today and at other times i think the planning department did a fantastic job with all the obstacles they've had to deal with  i really think that this bill with some amendments i agree with i just read the letter today on this needs to be passed by this committee at this council you know the community has had very many opportunities and have this expressed their opinions over and over again they had a chance to see pretty much everything that we put in front of them except for this last set of amendments i i voted to approve those amendments before because i assume that they were in oculus after reading the comments from the department where they consistently say cannot be enforced or implement it cannot be enforced or implement it cannot be enforced implemented all the way through this i'm going to have to ask that we amend this this bill by removing the amendments that were brought up last meeting after reading this i i can i was only going to do one the one that quote counsel talked about but members if you read the comments from the department it's rather obvious that a lot of this cannot be enforce or implemented and we heard a test fire saying the department criticised because they're not enforcing or implementing the community plan so right now just to start the discussion i moved to amend the existing community plan as it is today that met the bill by removing the fourteen amendments that were passed last so to it we have a motion from mr couch and a second from m carroll couch you know there's fourteen of these amendments and i don't know how many people had a chance to read these either before the meeting or at the break but you know just for the public's information i put mr cherry if you don't mind i would like to bring the department down here to discuss what their issues are with these because i think they're they're very valid and they're very important and we heard conflicting testimony saying that we didn't discuss the community didn't discuss it and then we had the department saying oh yeah they discussed it over and over again so i would like to bring them up where i think it's more appropriate between the members of the chair feels that we didn't allow for much discussion at the last meeting and i think it's appropriate for us to have time for them to explain the various items that are on the week that we passed last time around so that you may want to speak on the motion go ahead chairman i speak against the motion for a couple of reasons you know a lot of the concerns i would say are the last six months have come from members of the seat back in the one i for our people and i think all the members can appreciate this department has no clue what it is to live and be a part of london there used to have  above what is our culture what is our roots you know these people who are bringing up concerns my family's we've been there helped build the pineapple industry that let it grow and we've put to it a grave  that we have to live with it for a hundred years we understand it we are doing because we live it we don't have to be told what our culture is or where we want to go as an island conceptual and as we're told with the maps it's not regulatory so what the hell agricultural issues or whatnot i understand there is a component to tie into into regions but i would say do not look at the light plant and see how it's going to fit for your district members look at the one i plan for what it means for the naive and what are people are saying those that have the routes those that have the culture is the one that are saying we have issues with the proposal this shouldn't be a department true concern that i am happy to address chairman but to ignore what the people and i has wanted to their existing plan i feel important enough to continue in the new plan i can respect i can support alumni we spent hundreds of thousands of dollars many many man months man years to listen to the community at the community plan advisory committee of which quite a few people that have been concerned about the things that are currently in the plan were part of we then had learned i planning commission spend many hours many dollars and listen to the community we nine of us don't know that community only one the one is sitting in the chair representing that community i understand that we went to the community as a committee first and some people who were not on the committee both members who were not on the committee went to the community and heard the community over and over again they had objections we listen to them i went to the blue gender myself and sat with several of them and said what do you need and we put in what they needed and they still are complaining so i'm not sure what community you were listening to we had thirteen people on the community plan advisory committee we have nine people on the lawn i planning commission we have all the people that came in testified with us we listened to the community now in every community especially money people don't agree on everything and so they continue to say i don't agree i don't agree but we as members here have to say look when we spend all this time all this money to come up with a plan that we listen to the community that can be implemented then i think it's incumbent upon us to support the community in the plan we have heard one testify this time and yes if if they had known about the amendments last time they would have come in and talked it's the same five every time there are three thousand people that live on that community and we don't hear from them saying no don't do it we hear from a lot of them in clued in written testimony that yes this is a good plan so i understand where we're mr holcombe is coming from he has his constituents that he needs to work with and i appreciate that but we as a body have to go with what we've been presented from the community for the opportunity i totally understand where member of a comma is coming from i think every single one of us have that same feeling you know if you're brought up in an area and you live in it for many many years you're historically part of that community you had this sense of ownership knowledge history that other people don't have and i totally appreciate that because i feel that we're about a country that's where we spend most of my life so i understand where he's coming from but today we are here as a group on nine zero seven of us and we have a matter before us that has been discussed unbelievably and over and over and over and we have these amendments before us and what we're hearing today is our planning department is very very concerned about moving them forward because they feel they're on enforceable or they are just not appropriate and i think that it wouldn't hurt any of us and yes it is our decision and eventually we're going to sit here and vote yes or no i think it's our responsibility to listen to both sides of this and i for one would be ok with having the planning department explain why they are saying what they're saying because eventually we're going to sit here and make a decision and we will try to make the best decision for everyone but it's our responsibility i think to listen to both sides thank you because by so mr carrol chair i respect the department of planning i respect community and i respect our representation from our districts and we do come together to to speak to represent and support what can come forth from the the dish that has a feel for who they heard yes we've heard one voice and it's a support and if i look at this i think it came from the plan and if it was when they all planned why was  well why was it wrong at that time and why was it ok to have it in there too often and we don't listen to the heart b of our communities and i know i am going to have to experience going to our more community plan and our i've already been have received expression from the department some of these cannot be implemented but i remind myself and i remind the department the community wants to be heard a community has express themselves among themselves and have made whatever process in whatever way they can navigate so that their voices are heard we are here to bring forth their voices whether it's the minority or the majority and the difficulty we have is to balance it with what what is the professional side of it like with the planning department plan well these amendment be a detriment to the plan for me i don't see it that way but i'm not a planner i'm a community person i live in an area that we're quite vocal and we don't leave any words out that we want to be heard and i going to give credit to learn are that they're no different  and yes i don't believe it's incompatible and maybe the department you know feels like they're not being heard also but we are here feels that you come and express itself and your colleagues are not hearing you on behalf of your community and i think mr hope karma is bringing this for hopefully we can come together and understand what it is that that he and his people on the island is trying to see and if it's a detriment then maybe i've been kind of a detriment is that it may not have its polish professional process but you know communities and our polish they're not professionals just down to earth people who just willing to hear from the planning department because i think it's appropriate since we passed fourteen amendments without much discussion i think it's appropriate for us to give them an opportunity to come down and explain their is absolutely right it is our decision but i think it's appropriate for us to have an understanding of their concerns before we make that decision and i have a deep respect for m has connections and understanding to his community a deep respect for mr bello and her connections in her community but this is a this is a tough process it's not set up to be easy as mr carroll said decision making when we get right down to the you know the final strokes is often very difficult i would like to make it at least in this a situation where we can be clear on what it is we're deciding upon if we decide on leaving in all or some of them in it should be a knowledgeable decision if we decide to remove them it should also be with due consideration  in every case it comes before us if it's mr hall comma we generally defer to the district representative same with mr bell on more so i would like to hear from the department of if  work but sometimes we've just simply got to do it that way but just then thank you mr chairman good morning members i am looking over the proposed amendments and i'd like to go if you want to go through all of them that's fine if you want to go through the fortunes of them that's fine as well i'm looking on the table level three dash seven three point one three native plant species which are found on that he can be utilized for public and quasi public facilities that's assigned to the department of planning we have to go back and look through our planting plan we're going to i don't know why that is assigned to the department of planning because that so many of those things are not our choices and we have no laws that  to do those by three point one four protect and enhance the island's native plant and animal species by prohibiting the importation of alien species that's also assigned to the planning department we have no authority to make it first off what is an alien species ke ave is an alien species plumeria trees or alien species you're saying with somehow the department of planning is going to sit at the dock and wait for these plants to come and say no you can't do that so that's why we're we're what we're saying we're not we don't have that kind of authority we're not inspectors we don't have those kinds of personnel that's an unenforceable proposal the next page seven dash five support the use of recycled water for irrigation and prohibit the amendment is prohibit the use of possible water for a golf course irrigation i believe that's a sign looking for the assignment but that one's under the state that's in the water resources commission they have a private water system if if that's and certainly not  under the department's authority to be able to say that and your doings zoning we have long been criticized by doing zoning conditions through our community plans and that's exactly what that is it we're trying to change the zoning change regulations through the community plan seven dash seven prohibit the use of high level aqua for golf course irrigation purposes consistent with the water use and development plan for the lanai as provided by law that's a sign to me we really can't again that's a commission on water resources responsibility that i don't i don't see how we can enforce that except possibly through some kind of litigation i don't know the conditions on their approval but that's not it's certainly not a county function prohibit the extension of the ease airport runway in the direction of one of the city by the way that was discussed at length during the community plan process but in short that's an f a a issue feds override the county in all aspects if the if the f a a feels that's the only place to expand the runway that's there they may look at our plan and go department of parks and recreation i don't know that that's a different one i don't know how we can prohibit somebody from cutting trees on their property and it's a specific you're putting a condition through a broader community plan on a specific property like  designate all lands and i within the coastline open space with the exception of existing appropriate designated urban areas i understand that may be the one the one proposal that are amendment that mr okama does see that there's a problem with for him if the removal of plant material is necessary for water recharge plant material necessary for water recharge shall not be used as a source of landscape planting materials that's assigned to the park in the parks and recreation i don't know how we can get the department of parks and recreation out to the island of lanai to monitor people removing plants or how they would regulate that the again the difficulty of enforcing that is i don't see how the county can possibly do that without hiring ten more people monitoring constantly i would say that there are state facilities on the island as well i don't think we're going to be able to tell the state what plants they can and cannot use protect  a community plan we're as been said before today we're so often accused of not doing anything with the plan but it says in the plan to prohibit the remov of a plant material i you know and so mr spence you're not doing your job well i'm sorry it's not my responsibility to do that i don't have staff i don't have a program in place we're going to have to go in for additional budget and additional people and it the expense of actually having to do these things is go be huge we have enough stuff to do without policing whether people are removing plants for water recharge or not to me these are unforeseeable unrealistic so much of the time we have these plans that have these unrealistic actions in them and then we're accused of not doing anything with the plans so our requests should be removed sheriff thank you very much we really appreciate you guys giving us the opportunity and i want to address a comment that council member cavallaro made which i think is a very very good question and that is what would be the harm what would be the harm and i can appreciate that  member is trying to appease certain members of his constituency i appreciate that here's what the harm is the harm is that when you put in these amendments they have little to no meaning that's the harm and it waters down all the integrity behind the true meaning of the plan so the question is you're sort of teeing up for the remaining community plans to put language lots of language in there that the county cannot implement so essentially what's happening is not only is the planning department very appreciative and i understand council member who comes concerns about trying to appease certain members of a concert as his constituency moving forward though this is a critical issue this is where many of these special interest groups and stakeholders and individual members of the community are angry and frustrated and there's this broken trust because we are not implementing these community plans how can we how can we when there's actions put in that we do not have the authority to implement so that that's really my primary concern in moving forward  is how can you implement community plans or move forward how can they have meaning when there is language in amendments put in that cannot be addressed and cannot be implemented thank you members questions for the department mr co chair thank you for having them up i have a simple question that might not be a simple answer but we've had two conflicting testimonies that say that these discuss were discussed at  i planning commission level and some that said not really they were discussed can you tell me whether or not all of these issues were discussed yes thank and marriage errington all of these issues were discussed at the c pac or the planning commission or church planning committee there was a question by a community member about the airport as to whether that was discussed as the way it is in terms of the extension and during the c pac the proposal was for two runways and so any kind of extension was not an issue the new runway was going to go in opposite direction it wasn't until the planning commission discussed the airport when it came back with the f a a it was saying with the design of plans and the existing runway that you could accommodate the airport could accommodate the planes that were needed to bring the people to the airport and  they and the shorter runway would work and so at that time the plane commission went into an extensive disc discussion about the airport what was needed they looked at what was in the ninety eight plan and they may just  a fraction of i think it's about five acres along mickey road and then within the existing footprint they had a five hundred foot extension but they were so it wasn't that that language wasn't known all the all the community members knew that the ninety eight plan was there and that language they went over a it and i had the opportunity to discuss it and same with all this about the planting material the existing the changes that the  committees made were to brought in and it is include non native plant material to be used in an effort to conserve native plant material and that  because most of the native pollen plant material is put in a very wet area bring it down to where there's a drier climate it's in it's not appropriate so they they understood the people there  that you don't you want to use non native species in many cases and but you want them to be non invasive species as well and they discussed that so there's a number they discuss how to control that as a came in through the harbor or the airports much first i would like to see the amendments the concerns of mr spence brings up and i appreciate is perspective is already part of the existing plan so it's in the plan it's not a consideration component of the plan that needs to move forward in the new rice plan what would be the recommendation to revise it to make it more appropriate i find it interesting to the reader to choose where the just to eliminate  it looked as part of what the state's responsibility regarding special tree or historical trees needed and part of the community believe that it was a key part of what is the true essence of  so we made decisions on what we thought was important as a statement of who we are part of the plan is also to express the community's position on certain things it's not necessary needs to be  certain types of aircraft to service the community of moore we're not there yet but we've got one mounted in a line of the runway direction so it's a concern for us like and it's interesting to know because i've been told by more than one individual we all can live with the current plan i'm happy to live with the current plan for another our history what it was like prior to unions and the bill it workers rights you only have one voice the owners at least now you have multiple voices y that i'm tired of this one size fits all mentality we are unique county mock the part and it's with multiple communities made up of different components and historical factors consideration mr coach is asking you to delete it i don't want to go back to generics what we have is specific as he relates to and that it's an expression of the ideas  asserting i may not agree with all of it but i will support their right to have their expressions in their own community plan who is this planned for is it for the island and the community is this motion currently and if it passes then going to go with the plan that's my understanding of a a community that your thank you members and i think limitless two questions for the department  the challenges of one size fits all i certainly appreciate having gone through the molokai community planning process you uniqueness of not only the islands but quite frankly every single community so then my question would be what is the meaning of two point eight  two point zero b is county legislation that we follow we are simply doing our jobs following it is very detailed very spelled out in terms of process in terms of the community having an opportunity to weigh in in terms of the selection to see pac members and in terms of the actual substance of what needs to be in his community plans so now my question is so what is the role of two point eight zero b which by the way was passed and implemented by the cops part of the court again because this doesn't work mr couch is already i think put in i don't mean committee to have that discussion because i think we're all agreeing with as well as a community or attempt to make it better isn't working ok so i don't have a problem revising it and trying something else because it doesn't work the way the code is currently so i appreciate of course because my thing is we need your recommendations on how you for the questions for the department mr thank you mr chair and thank you for that question as well you know i'll be looking forward to your proposed changes sooner rather than later i think when you mention that this quote unquote cannot be enforced or implemented and you hear mr obama say that we're ok with that why is that an issue with you in that you know you have the we can't tell the f a a what to do they think or do whatever they want they can look at the thing and say oh the community would like not to do this but too bad so sad this is what's safe or what we feel is the most the best way to extend the runway whether it's the other way or whatever so why do you have this issue with if it can't be enforced this plan the way it came out of committee i think is highly representational of the e u community as you know it's very small community the sea pact members are blue ginger friends with so many of the people on the planning commission and it's basically what you have in front of us is a plan representational of all those discussions and all those people and all the sentiments and they went over it line by line so much of this stuff three or four times so it's not i don't know where the understanding comes from that the planning department is interfering with that because this is their language what's in front of in front of the council d y it makes a difference that we can't implement things is what pam has already said that that we get accused a lot of not implementing the plans so you say planning department go prohibit the extension of the runway i don't know how to do that you know the f a a will look at the if they have to do something to look at the community plan but we have so many things in all of our plans that we cannot implement like this it's not the planning department's authority or responsibility to prohibit something and we could go down through all of these and say how it's not law a different one with that authority throughout the process because we went through each level we made those clear distinctions we made the distinctions we have no authority ok so make it a policy make that the f a a thing the runway extension a policy not assigned to any department who has if this amendments were adopted under your policy component instead then you wouldn't have that much objections because it's a statement of communities desires as a policy than it implement the implementation requirement is that the implementing actions i think the other objection is there are so many of these things are already covered we've said that but in the table not a matrix that we propose that we included with our correspondents there's a whole there's a whole column that says where the particular item has already addressed for instance the native plant these things need to be addressed in the plan and they are they're very important issues and so in our updating the plan are tempted to try to come out with a plan where we can do what we can do we are not ignoring these issues and so the reason for that column i was put in was to com as well as those constituents that and as they should know they were involved in the discussions that these specific things he brought up or are actually and we have a right here specifically where they are contained as policies right down to the page number and action items when they are purposely can be an action item so i think that's a very good question asking about that and that is what staff tried to do in the new plan and we did it throughout the plan is to put it in the appropriate language what you can be implemented because then what follows is hard who's going to implement it and how much that's why these actions are so important because in the end of the church and the end of the plan that we also by two point zero be have to prioritize those actions let's give them some meaning assign a lead agency and then also a scope of work scope of time as well as the amount of money that's what makes them real so that's why they're important as to may have implementation actions that mean something so what we tried to do in you specific amendments that you suggested is to show where they were addressed in the plan that they were not being ignored but they are already appropriately addressed in the plan manner you know members it's twelve o'clock i don't see us going into a quick resolution here but but i think that it might be but just may finish the chairs tendency is to take a one hour break for lunch and come back at at say want to clock but during that break have the department point out exactly where the each of these implementing items are covered as policies in the plan and that's something that you all would be comfortable doing in an hour and you need more time that you can take them to members i would be happy to change my amendment or withdraw it and change it to putting that stuff in the policy so but i want to make sure before we do anything i want to be sure that the implementing items that are covered in this in this  table are in fact covered in the plan and so i'd like to take that time unless or objections yet mr okama you know i don't don't want to rush this because we're already still have an existing plan whatever we do we should be very deliberate very thoughtful very informed and so what i would ask you and the members are considered during the break is shelves because i think mr coach is sincere that he would like to make this plan work and so i don't have a problem with us considering extending the deadline hearing comments from the department and mr hopper i have i will be willing to support some amendments to make those adjustments to form illegality and go back and deal with the policy component instead of a implementation action but i would say this to me there's reasons why we chose certain words and why the work prohibit is a very important work in our community especially thank you very much chair chair i see that you know we want to do some work on this and i think i'm hearing a compromise that i really like i think the difference between policy  is very clear you know all good strategic plans have who is the party responsible headlines and costs and you know this can't be done because we're talking about policies we're not talking about implement but i really don't want to see this delayed until december i think it's been too long already i don't think there's going to take reasonable people very long to sit down and work this out and bring it back to december is a long way off and me to and i you know we're getting to the end i think here and we'd certainly like to settle this because we have an extra another community planned to be coming to us right after this and i'd like to see some of this settle still here thank you thank you and the agrees that we don't want to delay this if we can if we can come to an agreement at this point so with that members let's take a break until one fifteen please be back and ready to go on for burn recess so i guess department the recommended if this was acceptable then the recommended action for us to would be to remove whatever amendment was made particular situation more showing where that language is in the plan but as we go through this we've tried to work with council member how common is language to make it so that it could be in the plan it could be implementable but in this we've shown as you can see in the last column policy tend to intend seven action ten five how that specific concern is addressed in the plan right now and that's one by the way we can go to with that that's just gives one verbatim example but we could read in verbatim in terms what's already in the  cover you are you comfortable with the answer and the wording that's already in the plan with this particular item what's a settlement so developed areas such as mandela coeli other areas there develop the future pro growth protected areas so it leaves the flexibility to address the the existing areas that you see as you mentioned the nice city but that also future areas as they are developed and settled i'm asking you this that would be considered a settlement on our north shore  would be considered a settlement if it was further developed yeah if it was further developed and you know had such concerns for example with potential water recharge or withdraw infrastructure things like that that would turn it into more of an urban settled area urbanized area and again i just i'm asking because i just want to be able to respond to the community asked me what about this area of the  is this going to encompass this under this type of language and i just want to be able to give you as accurate a response to the community responsible if there's run its of structures i can somehow come i would say no but if it was proposed for future development for a future area with growth with full time residential or tourism or that sort of thing then i would say yes so that would be the difference between th two in terms of its use and proposed density help us be able to comment before i get those questions posed to me back home the plan are exercise during lunch time was to try to match up your proposed amendment with language that was in there we didn't go back and look into when that language was formulated and how that language came about that wasn't what we were after at lunch time so yeah i get it you know just i just want us to have people to give guidance when asked the question because in part of why you base i understand that you want to be clear but i think it's for me i'm interested in going through the various changes and making sure that the items are covered in the plan but to try to go dose vote for the plan or not that's fair so let's move on to the second item ok so the second item essentially is addressing these you know as we discussed before about alien species  so what was proposed the amendment protect and enhance the island's native plant and animal species by prohibiting the importation of alien species so because as the director and others have testified earlier that's not within the authority the planning department as scott on the island the way to address that is currently in the plan before you and it's before you in policy three dash eleven then also on actions three point zero two and three eleven basically does the protection restoration of native species in the control of invasive species and basically what it says is encourage the state to adequately fund quarantine and inspection programs that's policy through dash eleven so it actually can be implemented asking for funding and work with the state to develop a corn tienen inspection process for imported plant species and that's action three point eleven and that's in the plan before you that from one implementation action and cut absolutely of support and this is consistent with that this is offensive this is basically supporting our efforts through budget and doing that and that's why we have that is an action item work with the state to develop a quarantine inspection process so so absolutely right now what is happening with various departments like you're talking about there is a very vigorous program to deal with the alien species an invasive species but the problem is the care the watershed partnerships the department of water supply the o e d they can't deal with her they can't like the director said earlier they don't have any authority over quarantine so instead to take that a step further it's basically allowing the state or allowing you know encouraging the state to work with the county to then species so they can be implementing stopping them from coming to call it we've got we got it in our small little fishbowl microcosm of or environment of the night and it sucks because we know we're not going to get the financial support to deal with it so policy three number three and i'd also like to point out that you know the cookie frogs come in and pots that are not we're not importing invasive plants but they're coming in and  dealing with water and water allocation water conservation and that is a very critical issue on the course with the lack of fog drip and so forth so essentially what was addressed under number three the alternative is because it's already addressed in chapter seven with water under seven seven eight seven ten and seven eleven which addresses the concern of water resources and conservation issues and what we're suggesting is suggesting is to change the work prohibit from prohibit to discourage and the reason why the word prohibit is problematic is as passionate and is important as we think this is and it doesn't take away from the importance is the actual prohibition of regulation of water use modern allocation is the commission of water resources management but it's still calling attention to the fact that this is a highly prioritized issue and should be addressed so we're not taking away the chairs language skills and the council members language we're basically saying to make it more realistic put in the word discourage those you've covered those in the policy statements yes water policy seven eight seven ten and seven eleven ok and that's for number three and number four about moving on to number five children on the ground three d for me if i understand my ordinances right this is something the landowner agreed to to get that that's established by the zoning ordinance for the community plan and that's for the project district for the community play on no that's much broader language it's not specific to that one location you know if and with the community plan as it is now that would be the only area where it would apply but the community plan is forecast for a longer planning period and should changes come about at that point it would be a policy rather than a prohibition because again this is for the county to implement these are county actions and the water use on land i e it's not under the direct authority of the county it's under the state because it's a private water system his only condition that's what the community want should be part of the plan that's what the community wants and that's to me straight just like how i got to see poor mamma i was very conscientious  chair and i think what i'm hearing the department say is this is for a potential future golf course that irrigation for just the two that are existing now well to a two and a half is the other one the proposed amendment is not limited to any particular area on the island the proposed amendment says prohibit the use of high level for water for golf course irrigation purposes or race gives  me the current language says support the use of recycled water for irrigation and the proposed amendment would add and prohibit the use of potable water for golf course irrigation and understood so that island why i then why right now the golf courses have are subject to their project district's only right which prohibits has has the water restrictions it and mr chair generally what the community plans are for is to guide this body as well as the planning department as well as anybody else who wants to develop in that area what is requested by the community so in my opinion if the community says prohibit the use of part of water for a golf course irrigation that's telling the council if there's another change is owning somewhere else for a golf course that the council has to put that condition in and i i don't see anything wrong with that but i would like to the apartment to kind of see if i am if i'm thinking in the wrong direction there but i think this is giving guidance to us or whoever is going to be sitting at this council if there's another golf course that comes in and if it says prohibit i don't yeah they can't enforce it that's totally up to us at this point or whoever sits here when they get a change in zoning for a golf course it says in the community plan for habit so you've got to put a condition in the then that would be directing the council another council what to do so i think i know i could live with that only because of the way the community plan is it works with council and everybody  correct me if i'm wrong and ok well let's just crazy hypothetical some new water sources developed on the night and new golf courses for if the language stays in is prohibited you would have to prohibit that in title meant came in correct unless you did a community plan amendment which the community would be if there's a new source of water i think that they would be ok with it or if they're not ok with it then that's that's fine too that's the way i would would interpret it i don't know if that's not the professionals so i would defer to them but i think the relationship between those two is important i think the intent would be you have a great point in that so if another source of water is developed and you have a future golf course developed what is important is for future councils to understand that this type of water should not be used to call it courses absolutely so why not use the word discourage so then you don't have to do a community plan amendment because it still is gets across the point that you should not be using this water absolutely in golf courses it's in to project districts right now but for future development i'm just saying otherwise you're right you've got to go five and again this gets to our language problems with the amendment regarding the airport currently in the plan before you transportation chapter seven transportation policy seven dash eight currently addresses airport improvements support the improvement of the airport including enhanced fun in the existing runway and possible addition of a second runway so what of knowing noise mitigation encourage other aircraft noise mitigation measures such as the prohibition of late night aircraft operations recognizing the fact that of course ultimately is within the purview of the authority of the f a a but this is a really important concern to the community i understand is that within the old footprint of the runway there's enough enough distance for them to provide additional safety for for additional safety concerns languages you have before you and i believe five page nine nine dash four and there it's a box land use planning standards and principles so the concern here in the planning department is with regard to the specificity of the  language generally speaking land use principles and standards should be implemented island wide they should be more conceptual more general not targeting a specific property which is the concern so what we're basically saying is it should stay as it already is that in appendix nine point three and appendix nine point three zero states no trees shall be removed immediately from the additional one acre hotel area behind a hotel in i e as identified as a portion of  specificity in terms of what land use planning standards should be and targeting a specific property questions and this seems to be well over a number seven as follows adding again speaking to planning principles and standards right now currently it isn't chapter nine land use planning principles and standards adding number seven what we're suggesting is that this should really be moved to chapter ten and again it's taking your concerns it's not getting rid of them but it's putting them in  principles so moving it to chapter ten in the design chapter because i think mr coach and other members would like to move we need to maybe legislation th not necessarily the the language already references the design guidelines for the city country town business district those are in place now when are propose be revised they really do need to be revised so those are already codified if you were to look at other areas outside of the b c g district these standards can be  imposed as you and council member couch have both referenced when there's a title that's come before the council so that would be implementing the community plan at the time whether you restrict building height or whether you put in  developed areas like the current business our own dog parks seven each streets they are subject to the existing d c t design guidelines because i like this the word you council adopted to the business country town district has new language about the design guidelines saying that when there's a conflict between those and other parts of the code that the design guidelines prevail specific it puts it it does give a lot more teeth to those and maybe we should stop calling them design guidelines and maybe call them standards instead because they they are specific they're not just something to reach for their their requirements has been addressed currently in the plan before you it is addressed in action three point zero nine and it's also addressed in hazards which is also very important terms of the vulnerability of critical infrastructure and so it is currently addressed in hazards under policy for dash seven and tara she's briefed the planning commissions and she was able to brief the planning committee yesterday about the new regime based studies that are going on in the new set that formulas so rather than fifty or two hundred years because maybe a shorter period or a thank you so does that take care of number eight in title nineteen is to put language in specific language that says implement project district number one minelli purse purse went to chapter nineteen point seven o'malley county code so it's giving a specific cross reference point in the zoning ordinance which addresses his concern great then the next one is coeli so it's essentially the same thing again addressing your concern but it's actually putting it in here that you know look at the county code chapter nine point one thousand point seven one book was with regard to chapter ten urban design and what we're suggesting is currently and this is again a critical issue you had a very important issue that you're bringing up in the communities bringing up and that is addressing the issue of watership protection of water recharge so currently that is in the plan in action seven point zero two which is the chapter on infrastructure specific to water so essentially action seven point zero to read's which i think is important here because i action seven point three developing continue to support public inquiries a public partnerships to protect and restore the islands watershed and maximize offer for recharge so what we're saying is currently and that's and that does exist as actions and so with regard to your removing plants and so forth that particular language and being consistent with what you can implement we're suggesting to add a new policy so at a new policy seven twelve which is on your set page seven point five discourage the removal of plant material necessary for water recharge plant material necessary for water recharge should not be used as a source of landscape planting materials so again it's address it's already addressed in two spec separate action items so they can actually be implemented and then we're trying to work with your language to put it as a policy thin council member how common the language and adding that new policy on seven to adding new policy seven dash twelve and then they are that two is also addressed through action seven point zero two in action seven point zero three yes you know we take great pride that we have that unique resource or culture and we wish to preserve it as this week so we appreciate the department support too to give them special lips of local species thank earlier recommended amendments so this takes you to the actual implementation table so without getting too repetitive and too wordy essentially what we are asking to do is to look at our response as we preview previously given  material necessary for water recharge and we go to twelve with which already addresses that so you'd ask that we remove this from the new implementation actually right because it's  eighteen ok so for the final one with regard to historical planning standards and this calls for the land use standard one in no trees shall be removed from the additional one acre hotel area behind hotel the night you identified as t m k for nine eleven portion of one because of hotel related use so essentially what where recommending is that this just be retained it be not put into where it was but be retained as standard one point either language can be referenced as historical but cannot be included in the updated plans planning principles and standards safety purposes again or the commuter train to protect is that you know i'm beyond that our community has when you step off the plane for a sip of the fresh wind at the airport as you drive into the city and see all those what to eat cook and offer pine trees it is part of what has made us the character of our community and that is why they take great protection and use the word of our unique so members i think would be helpful if we could go go down the list and and mr holcombe if you could simply tell us which ones you agree that or with the apartments actions that we get a few of these off the list and meeting i just have one because it gets to it gets to your point and i'm sorry i was furiously looking in the plan and that is with regard to the trees and understanding and wanting to keep that character which is very important in chapter ten  because it is it's very important to keep it and to recognize that in chapter ten under urban design policy number seven it just does say encourage the planning of suitable tree street tree species in new an to take this form over the weekend allow my community to give some comment and then be able to work with mr cultural whoever is appropriate with mr wong in the department to be able to come up with a proposal for final council election at the next scheduled meeting rather than the make choices today and then tomorrow when i'm home be told that wasn't the right choice so i will give them their opportunity to harper's legal issue which i'm happy to address even today if that's what the body wishes but i would like i would hope we would just take it out one at one time they revise suddenly it all and term and this would be my understanding and what i would say to our community is that even with this revisions that we may consider it doesn't change the status of the bill it will still be for second and final reading correct it would not go back to first reading as i understand our law or regulations are rules of operation a procedure that is not so substantial that it requires to be for back for first reading and so  decide accurate understanding of my part that i can communicate to my community regarding the status of the legislation correct i just wanted it to be clear so all the members in the community is understanding that upon this next me potential we can do a second and final reading on the plan thank you thank you to bringing that up the chairs intent is to have a vote at the next meeting because i think we're close enough that we i would ask you to take it back to the community and then monday begin working  the department or staff and mister house to come up with what the final language should look like because i think we made some good progress today and i think i thank the department for their flexibility and being willing to come back with us with explanations of where we can locate the the action items in policy and so mr chair but if i could o in time for the july first council meeting will take it up at that meeting and i would just want to be sure that we we have an opportunity to post it so that everyone and as of now you can take a look at the recommended we will when we come to this item there's already a motion is already a motion to pass yes yes without objections the chair would recommend that we defer this until the next council need to take action yes sixteen dash one o nine yes have before you kind of communication sixteen dash one a night from the chair planning committee transmitting a proposed resolution entitled approving a time extension for the council to enact a law in a community planned mr chair move to waive the requirement of committee referral and report pursuant to rule seventy of the rules of the council so we have a motion for mr caton second for mr carroll for waiver mr couch mr chair this matter relates to the council's extension of the deadline to an my darndest trying to get it done next month because i prefer not to and of the year olds so thank you you're here any further discussion members seem none all those in favor  to thank all of you for a spirited discussion today and with that we are doing