well the meeting of the infrastructure environmental management please come to order today is august twenty ninth two thousand and sixteen it's about one thirty five in the afternoon before we get we begin please silence all cell phones or any noise making devices joining us on a our last item of the day we'll be calling rodriguez deputy clerk of the second circuit court so thank you very much for being here we'll be calling you down in a bit members we have three items on the agenda today first one being i e m seventy amending section ten point sixty point zero for tomorrow we county code which relates to cross walks established sorry i forgot to check in with our out con and our second item of the day will be i am seventy one parking restrictions on the whole no place in la hina and i am seventy two who rode on my late pipe partition subdivision also located in west maui so members in the chamber is willing to testify please sign up with the desk in the in the front lobby and anyone in the district office please sign up with the office staff their testimony will be limited to three minutes on the agenda items printed here today and you will be allowed three minutes per item when testifying please state name any organization you may be representing and at this time members of our objections on the open up the floor for public testimony no objections thank you and so anyone in the gallery signed up for testimony let's come down the ramp and go on up to the microphone and state your name or any organization you may be representing and you will have three minutes thank you my name is blue robinson i live on who f road and i've been working for almost six years to try and get some relief on that road it's very if you look at the e mail testimony from ray chin it shows pictures it has a very good rendering of what that road looks like now and it's very dangerous kids are walking to and from the school bus on it and we're really looking to have it have some relief on that road so basically that's all i have to say i did submit petitions from several residents on that road and there are also several e mails that i was copied on as well that i know you have received so we're really hoping that these road can be deeded soon and the county will take it over and maybe mr good there can help us out thank you very much thank you ms robinson members any need for time without objections i will now close public testimony i think thank you very much so ordered all right let's jump into our first item of the day which is i am seventy five also ok communications sixteen dash one for nine from director of public works transmitting a proposed bill a bill for an ordinance amending section ten point sixty point zero for two mile we county code relating to cross walks established and the purpose of this proposed bill is to update the code to include a mid block crosswalk installed on hundred way street as part of the one way street curb ramps project before city is to update the code to include this crosswalk the department has provided aerial and street views of the crosswalk to eight are just our discussion today it should be handed out on your desk i might also add that the public works commission voted unanimously in favor of the proposed bill at its meeting on april twenty seventh twenty sixteen so with that i will now open up the floor for discussion and receiving comments from believe their son or daughter uses a wheelchair and found it difficult to navigate the area as well based on that complaint the issue was brought to our attention we did occur bram projects parts of our county wide curb ramps efforts so we apologize that it didn't come too soon or chair or get to the public works commission it may have been an oversight on our part but we're here today and the item has been reviewed by the public works commission and they found it such they recommend so popular that we get inundated with requests so our staff has been evaluating a kind of a threshold it was an appropriate threshold in terms of a number of factors one would be not only vehicles or going through the area they were t meets that type of criteria so far to date since we have had installed for a few years i'm not aware of any requests on this particular what we can certainly look at that but i think in general the r f p have proven  very valuable but they do cover the maintenance cost for us so we want to make sure they're placed in the most needed areas first thanks thank you director and real quickly director do you know what the cost is of those at all off the top of your head many if i recall correctly it's all around the seven thousand dollars all in we do install with our own forces and there are photo activated so we don't have an ongoing electrical cost but we do have like an electronic equipment we have to maintain it from time to time thank you very much members any further need for discussion or questions of the department at this time seen and i have a few am sort of couple questions i had director in regards to what prompted the installation of this to begin with and then how come it took three years to get here to us after and this are there are you aware of others i guess crosswalks in the area that have the same predicament where it has been installed then you'll need to come back to us to just address the code to update it is the are you aware or can you look at a general big overview so we don't have one by one by one coming to us when i did ask our staff if there were some others and typically the only other instance of this would happen is it was part of another project and we may have one in south korea were the monaco we did that sidewalk cross walks and that's why they're in the cold because normally cross walks or intersections but sometimes it's too far to the next intersection and that's on a road that's you know warrants the need to travel across walk so it's about the only one i can think of at this staff could think of at this time ok thank you very much and i believe our stuff is doing a follow up letter to your department in order to serve to do some research perhaps did we think with the tiffany's because we just did that we just approved the ok excellent and then noticed seen the whole laundry list of all the areas in the district for line in particular for this one where there's places that are nonexistent names of build the names of restaurants names of well i guess hopefully we can figure out a mechanism to go ahead an update and make it more accurate as to like there's the wong store or i know learn a burglar i worked there as many years ago it's no longer it's no gump and so there's just places where i know where they are but people would have no clue what that meant or exactly where was that location so looking to sift through and figure out how we can update it to be  accurate i guess in this day and age i agree i agree in fact at one point we started this becker working i think with your former assistant jordan molina on this and even a long story like i don't know or a long story isn't you know calling some old timers line and they told me know we we need to clean that up and make it more specific to intersections and feet from intersections is the best way ok very good already well thank you very much so with that if no further discussion  make my recommendation the true entertain a motion to recommend passage on first reading of the proposed bill entitle a bill for an ordinance amending section ten point sixty point zero four to my wee county code relating to cross walks established incorporating any non substantive revisions and the filing of county communication sixteen dash one four ni second thank you it's been moved by a member comma seconded by member crew velo and before i call for a discussion i want to recognize that this base that has joined us thank you is by some good afternoon to apologize with my tardiness you know these family things happen you know if you are not a problem thank you for being here and so members i may need for further discussion before i call for the vote seen on all those in favor say aye any opposed say no seen none oppose motion passes with six days one excuse zero no thank you very much members we've gone through our first item so second item on the list is parking restrictions on the whole place which is also in the hyena and mrs raynor yap has just handing out photos maps for you so you can get a better picture of where this is and this here is county communication sixteen dash one five zero from also director of public works transmedia proposed bill entitled a bill for an ordinance amending section ten point four eight point zero four zero code relating to parking prohibited on certain streets and highways and the purpose of this proposed bill is to prohibit parking at all with that this is again the department has provided an aerial street view of the proposed no parking zone located on the south side in the whole no and the works public works commission also voted unanimously in favor of his proposed bill at its meeting of april twenty seventh twenty sixteen so with that i will turn the floor over to director good for some and staff looked at and thought it was reasonable request when as you mentioned brought it to the public works commission where they recommended approval as well if i recall correctly there was concerns related to safety in this area as you can see leaving the hall no there's a separate right and left turn lane and when there's parking on the south side of forces people that would be driving into normal from the law road would force them into that d does come to some of the meetings but not all if i recall correctly our staff would normally check with all the e m s folks getting fired their comments ok thank you county loss and regarding the intersections my understanding is there is no parking within fifteen feet of any stop sign and i would like to have it noted that would i am requesting the police department to start enforcing that law because for me some of the safety issues and the rector group brought up of both the intersections and the left or right options of tourney is not only for the syria it is a colony white issue for me and the irresponsibility of many of our drivers parking directly in front of stop signs for parking purposes it's not there for parking purposes that to control traffic and  safe emergency into oncoming or crossing traffic is of great concern to me and i would like police to be put on notice that we expect and foresman we pass a lot of last year well i think part of good law is the need to follow up and have that enforcement people need to know there's responsibility for decisions and actions that they do and i would like that to be in the report because i think part of our current issue is the need for current enforcement of current and well thank you so much and thank you very much so noted i completely completely agree discussion for me is also there is already on the books regarding overnight parking or mobile for my parking alone public streets and railways that needs to be reviewed and we need to help the community understand what is education of it i know it's going to be peevish huge hardship for many of us of the reasons because no one has space for their vehicles but a law is a law thank you very much mr okama members any need for further discussion or comments of director and department it looks like your signs have already been erected in this area currently and the no parking zone for this no parking zone is that correct i don't know sorry but i'm not sure i have to get back to you on that i do see a sign that one photograph i'm not sure exactly what it says and it looks like a no parking side now that i have to double check it could be certain hours i'm not positive rtain circumstances but like that flexibility in other circumstances it makes better sense to do it by feet ok thank you very much and members any need for further discussion otherwise i'll make my recommendation ok so my one entertain a motion to recommend passage on first reading of the proposed bill entitle a bill for an ordinance amending section ten point four eight point zero four zero  code relating to parking prohibited on certain streets and highways and incorporating any non substantive revisions and filing of county communication sixteen dash one five zero of oh sorry and let's see members you'll recall from last week committee recommended an amendment to the same section of the code with the peace treaty in well look we discussed that and so if there is no objections at this time i would like to recommend the comity grants staff the authority to incorporate as a non substantive revision the proposal moments into a single bill that would consolidate the amendments for parking prohibitions at this no horno place and st so your chair would then issue a single committee report with committee's recommendations and this was going to take another week to pause a man chaired the peace treaty issue was discussed at our last meeting on august twenty third and that will go to council for first reading on september sixteenth so with this issue with this new issue we're planning this also to be on september sixteenth of the two combined will be on the september sixteenth and in the consolidated into one bill just don't like thank you thank you very much for your comments mr hall comma we will take that into consideration this should ever arise again the situation i know you had comments about pili when we discussed it about having signed i mean knowing the history i guess that pilate exists and was and has been there and now we're going to take it you know the action we taken your comments mr holcombe i thank you very much next and final item is i am seventy two in this is in relation to the who rose on my lip pipe partitions subdivision and this is come communication sixteen dash one seven two from myself silly cochran relating to who you roads in west maui that were part of the my my late partitions subdivision correspondence dated august twenty third twenty sixteen from the chair of the committee transmitting the following a map of who we rode f tax map key to parent two to dash fo three colon and zero one six the partment of taxation property technical office tax maps a branch state of hawaii b copy of findings of fact and conclusions of law in maui land and pine pineapple quieting establishing and confirming title to real property in civil thirty twenty eight and d copy of correspondence dated january twentieth one thousand nine hundred five from the state department of attorney general regarding the authority to to who we rode f and the committee were here to just discuss a lot about who yes i know director has a power point in regards to all w roads and we will not be taking any legislative action here today this is definitely the star of a discussion of the who he rode in west maui and of course this f one in particular has  huge sticking point and headache and concerning issue for many many many many many years and west so with that is the reason why i brought this forward here today  name plate here on the desk and you can make yourself comfortable and come along for the ride with us here and director good i'd like to i guess i'll turn the floor of ritz you just start your presentation with us and i believe everyone should have copies of power point in front of them ok very good and we have it on the screen here so director of first of one who is another one but on the west side of my the pie partition is probably the largest and the one that's kind of still with us today and it's actually took a picture of the actual judgment was signed by the court back then but essentially what they did is they took and i hope a couple thousand acres and at the time had a number of lineal descendants and other folks who acquired property and they need to partition that land accordingly so there's about like i said about sixty claimants altogether and this case the court unlike or he they created road lots which is a good thing you're going to plan this the areas that have been probably historically traveled and in the partition they made nine road blocks and they title them a through letter i and the court ordered that the road laws be quote for the use of everyone having interest in said lions and in the most interesting part of the judgment as relates to the title of these roads unlike the malo they basically said they shall for the time being be and is here by transfer to the person for the time being hold in the office of the clerk of this court as trustee his successors and assigns with full power and authority and said trustee to convey said roadways to a public body but without any duty whatsoever to construct build maintain or repair such roadways so they can see why it's nice to have mr rodriguez here because he looks like he's owner of some of them but has no power to do much of anything to them this section does say or talks about transferring opal they body they talk about a public body having  the authority to deal with roads so i'd like to do is i'll just go through each of the roads by letter and kind of acquaint you with each of them so starting with the road a this is one that actually was adopted by the council in their early one nine hundred seventy s as resolution was passed seventy two  one one four and the primary purpose of this at the time was to acquire who wrote a which became house tree coincidentally what we talked about earlier in the development and appealing how villages maintain the road as they maintained as they farm pineapple when they stopped farming they stopped maintaining and we have been maintaining this road ever since which is basically a dirt and gravel road it is probably  spend more man hours on this road and in the other road because it's dirt and gravel on the nature of the weather up there is that it gets you can get washed out rather easily if you're drive out there today this is just one section of it  the generally looks like get its gravelled and we do our best to maintain it we've since we've been maintaining the last four or five years or so we've added areas where the water can get off the road road portions of it probably you can't even find if you're standing on it it's never been accepted by the county and it serves just a couple of properties he was in pictures of it's   not too many years ago and it's the south end of this road is currently being built by the way they project in the photo you see on the right it's going to looks like as of friday  and they're in the process they basically just started construction they've got a ways to go and this is not all and are accepted by the county b sewer line down through this area and so that was that was done so we actually have i believe we have a sewer easement least the resolution was passed this is what we rode the looks like currently so the first one is looking malco curb and gutter throughout in good shape it's paid its entire length about three hundred fifty feet and is also in pretty good shape for it on the right shows you its current condition there's a number of vehicles parked there and look like construction vehicles for a project that was ongoing in  mention chair belonged to create to belong to my line and pine and that became part of another subdivision and i think there's an appeal the park up there and some homes and that's exhibits characteristics of something that hasn't been maintained very well for thirty years or so in the lower right and this is an area that has some curving gutter on one side there's overhead utilities on the road and like and that lot was sold to neighboring property maybe in twenty fifteen for twenty two thousand five hundred dollars so that's one instance where we acquired the road and subsequently got rid of it because  i guess that speaks for itself finally who we rode i know is basically the access to the are they law condominium has been accepted by the and it serves three other single family lots and the forty three units in a condominium and soldier that was my presentation but you know point today was really to get the general subject of these for our department because there are so there's seven roads essentially that we're aware of th that makes it really difficult for those residents and there and i'm sure they're looking for a solution from their local government so that concludes my presentation i'm happy to as to try to answer any questions you have may have or i may have to research further thank you report to make sure the title is clear and i also would recommend that the council consider the funding necessary to bring those roads up to standard in short order so those would be the you know just the general recommendations thanks thank you ms thompson and members let's not forget we have mr collin rodriguez from the second circuit court here with us as our resource and if anyone has any questions  have copies of the court decision in the seventies which made you the trustee and yet we have a letter from twenty years leader from his attorney general that says you don't have any more responsibilities by the statute of uses and that it has been transferred to my wee land and pine i'm looking at  of and doesn't is a passive trust is my wee lad and prying it also further notes once again that whoever wrote is not a public highway in his letter so part of the committee's dilemma right now is trying to figure out who actually owns the land is that the court still a court is it my we land in pine and again we're just going public works where every i guess every time there's a storm or something residents call me or write me but i don't have any authority to do anything so we're more than willing to sign off the thing with the vehicle so i'm just going through what is the court's find you know fact in conclusion of law that mr director good refers to but even in that document the court's ruling has always been has been in the actual open and this is the courts were looked torrijos continuous and exclusive possession of the subject property against the world interesting language from the court and court has already state it it's intent that it should be part of this new state i would project so i just you know i just share that with you again i know what is your role as the trust the courts perspective but trying to understand the court's understanding on their ruling again they made their ruling and now we have a state attorney john that's opining on the ruling of the state court i'm just trying to figure out what is the reality check because attorney general is saying this is not a public benefit this is not a public road from his letter in one nine hundred ninety five see and again that was written under that time the head attorney was mark marjorie bronstein as the state attorney general and we have not received anything that would in from the state attorney generals or another court decision that says that is incorrect and this is the court's position or feinstein so i appreciate you trying to have this due diligence because there's some a lot of confusion out there and i would say what has changed from the pass when the county was as previously to take ownership and the county denied it for you its own reasons what has changed and now we're  being asked to consider it would those improvements and how did it best subdivision to get all these new os all these new construction with all the roadways system and  already set aside and corrected for where they be for public purpose or development of property ownership support because i find it intriguing how we've kind of made it more complicated when we shouldn't going through all the who we rode but today i wanted to start with the big h f and kind of focus more on our subject matter with and also having our resources from second circuit court here to to get answers and clarifications from hopefully so at this time yes missed by some thank you very much to her and i want to thank you for having this today you know i've been hearing about this who rode in particular who we  so many issues that have been discussed on this for many many years and so i'm really happy that we're finally really taking a good look at it in the hope we can solve it because it's time thank you thank you very much misplaced and you so yes the paperwork that i submitted into our committee was hoping to just shed a little more insight as to the historical background of this road and i'm noticing and yeah and it does fiber again i don't i don't know the funnels me to that all this the proud the existing projects in users along the road were built but this main thoroughfare for all the residents and properties there were in the hands of the court but i believe originally and director good marlin and pine had to have built it to begin with and yet they sort of rode off themselves from having to maintain and and take care and wrote and gave it to a second circuit court telling them you can be the owner title have title and be a passive dry partner of sorts so you also don't have clearly ana but in the meantime all these people are living on this road access their daily lives in and out throughout the ages with no one ana and so i do understand and mr holcombe i saw the attorney general's letters and you have william crocket behalf of marlon in pine saying that letter is addressing just that mocha portion where they continue to do pine and the actual residents section of the road that we're all talking about here today they kind of gave to the courts because it was housing and they weren't doing pine so they didn't want any part of that so i don't understand i just yes i'm perplexed to at the thought of how this all came about this way and now everyone is like take it over county but i just feel like the original people who built it to begin with should have some type of play is also kind of you know responsibility here but it sounds like they wipe their hands clean of it and here and now we have to make the decision on taking care of it and by all means we want the best for all of our residents and to have safe passage to and from their homes and ninety five so i think you're right mr a comma the last ruling is ms chang's attorney general letter and we don't have any follow up from the company or anybody after that letter basically saying no it's not ours or yours two thousand and seven right in two thousand and seven they're arguing their argument is that the two fold one is that the partition did decrease from and the subdivision that rude is was to connect to this is that that northern portion you're saying the four hundred forty whatevers amount of feet that milan implying claimed in this that's now our county affordable housing subdivision yes was centrally my pieing clear title to that one nine hundred seventy nine via this action they then folded into their upper property and then eventually did this  connect to one off the line a highway which is a state road as we all know so shouldn't state be involved here do you recall he public works i guess back in the day documenting because if you look at that original map that you had on your power point there is a road of sorts yellow where the park is now i'm not sure if you have this one and then blue line is this language you were reading in the paperwork that i submitted via my committee shows so i'm not sure if you have what i'm referring to find of it i have appear on the screen this that didn't exist in one thousand thirty one so i want to be like a highway is somewhere in the vicinity of the railway i think about it i'm not sure but this is the original partition in one nine hundred thirty one to whether went to the highway or not i don't know ok and so i don't know if second circuit court the darn chain letter is only referring to that that more northern portion only part the company really wanted they're producing pine and what have you the rest just wanted to wait their hands clean and so it never really you know settled on anything and that's why we're here today so i don't know where the welfare is that we should still have any type of responsibility in all this is going on and i think that's why we never accepted it was never built to county standard or i guess mr good you said that it was perhaps built to standards back in the day but currently today it's not so we can legally say we're not accepting because it's not built to county standards i think again we have to do the research the way i read what the court has put in their document on page two and as far as what i can recall that point thank you note that there's description regarding  pine so for me i can see how that option or that point of view was taken regarding this at that point in time knowing how the plantations operated and where this company was with the code and would ask you to consider whether it's we should you should consider writing a letter and asking the current a g can we still rely on your letter of one nine hundred seventy nine as the current position of the state looks at this as well as as they deal with teeth i wouldn't they be an option of governance to take control of this area if it's going to be part of the state project plane and maybe be had when you pointed out the the last correspondence via attorney general is so back in the day and there hasn't been a reply since the net as you're stating you know to move forward to get a more updated correspondence from them i'm very very open to so we shall take that route and see what comes out from them in the meantime i believe there's a letter from director and it's a december fifth twenty two thousand and seven correspondence from our land in pine to milton our kawar in regards to who and it does just condense and summarizes the people work that i've submitted into our committee so it it's telling the scene everything that we've just been talking about which really doesn't get us personally i feel anywhere in the meantime we were not going to solve this today i am just you know i but mr director good you did break down and summarize which roads you felt we could take there is you said for sure or not was that in your second to last power point and it looks like your bullet point three who roads d e n f and i for could be considered for dedication as and  could be considered for except exception from the county is that what you're saying you know that and these are the points of why you feel it's ok you feel it's ok or possible to accept yeah i cost to get up to standards is something we've got to consider similar to what we did on a house street so when we accepted a history we recognized parts of it were not up to current standards and some funds were appropriated accordingly to make it more up to standard ok all right very good and so do you think it will be a way to sort of suss out what kind of costs we'd be had look you know in regards to f in particular though we have to talk about d and eyes yeah i think for f we need some time certainly to look at that and i think we'd also have to figure out what standard we're looking at think a lot of these roles were laid out like thirty foot wide right away thing how much right away is available sidewalks may not be an option without private property acquisition so it could take us a while to figure that out  chair if we did look at it from the pavement perspective we could come up with a number fairly quickly ok very good and also director i mean mention about title reports was your department looking into receiving all right i mean within the next couple of weeks and then the ok all right well i think they'd be helpful i'd like to see those also so wolf keep on that if you don't mind to please be in correspondence with us in regards to that members any further discussion questions comments yes mr that state attorney is and its last  which is kind of interesting she's already there were a team that the clerk of the another branch of the state government disregarded the court and by her opinion the statute regarding statute of uses was the tool that now has transferred mr rodriguez so called responsibilities back to the so plaintiffs who  beneficiary benefits of this consideration so you know what i know we ask you mr audrey's to do certain things and yet by correspondence in black and white he's going to contrary to what his own attorneys are telling him to do  situation for the clerk of the second circuit and so maybe he needs to have his branch of government gives him some guidance because he reports to the chief justice well actually yes when we had that meeting with director good we did request assistance from the a g s office and we have somebody representing us but she wasn't able to be here today but that has never come up in our discussion you know what you mentioned like for me right now i'm just looking at it i'm just a trustee of this thing with no responsibilities so when people are required to lamar i don't have any they and yeah and that's it's a mad need to me is that the people who partitioned it wrote them out from being responsible for it and then giving it to the courts who said no just be dry passive people with it in don't take responsibility will here we are somebody needs to take responsibility so thank you though for being here and doing what you're charged to do but definitely there's more to come and we need to seek out for this but in the meantime you know director if you hear our sentiments and by all means that we did you know we we took ownership of you and so but we really as budget people having to know what things are going to cost us we have to look into in seeing what costs of things are but we want to truly know i want to truly know whose sole responsibility it is for this and our are documents sort of perplexing right now so i would like further correspondence from current age and to take a look reopen this file or whatever this is and figure out where to start which hands it moved to and why are we in this predicament here today and i know that we're i'm here to seek a remedy and to figure out what we can do for the betterment of this community but again if that truly should fall into state then so be it but we want to make sure that you know we  cover all bases and figure out whose true responsibility it is to take care of this but members and community not to fear this isn't something that's just going to be wiped away i will continue to be on this as fast as we can get information to move forward and to get clear direction that's what i aim to do so at this time members if any further discussion or need for ok i my recommendation is to defer this matter obviously so we can continue the discussion as i stated and it looks like with a future date if people feel we can go ahead and do site inspections of these wonderful who roads and just get a better look at them it's one thing to look at pictures but to physically be there on site is a whole different story so i'd like to recommend that if people are into that yes m because i understand the court's ruling but a point of time when the only beneficiary was aware that in part i can understand that so what assurances did they give on those sales of whether buy a lease or free of the surrounding lands now that is being impacted by where from and what was the so called promises or guarantees given to those interested parties for those lots on who has responsibility and who is supposed to pay for the maintenance and improvement of such roadway that would be interesting especially if they had to come to the county for additional subdivision approvals for additional watts in that area i don't know how they got through those areas of review without having a settlement regarding the roadway thank you very interesting points mr okama will follow up on those comments and we have a  document here from mr h and from a area that shows a lot of photos and things and list all the ownership properties on on that road and my question is how do you sell something when you have a road like this that sitting in got that noted and i also see in the court documentation that the clerk of this court has not conveyed title to who he wrote half to the county of maui or to any of their public body so it doesn't it mentions us yes but it also says that another form a public body could also take maintenance and clearly on of this area such as owners along said road so anyhow with that the us with more questions than answers today i'm sorry but again with that members no further discussion questions or comments i will defer this matter and we show