emotion on the table at this moment to pass a bill for an artist manning chapter two point eight zero b seven zero seven zero  i wish to withdraw that motion without objections the motion shall be overdrawn and we look like to adjourn the recess meeting of march twelfth two thousand and sixteen so that so that we may move into the april first two thousand and sixteen special excused council member ellie cochran still here members present and three members excuse or present to conduct the business of the council thank you like to remind everyone if you have a cell phone please put it on silence mode mr clarke researcher proceeding with the presentation of testimony on agenda items we've established a limited interactive communications that enables individuals from to provide testimony from our district offices individuals who wish to offer testimony  from up at district office staff individuals who wish to offer testimony in the chamber police lined up at the desk located in a floor lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda pursuant to the rules of the counsel each testify or maybe allowed to testify for up to three minutes when testifying please state your name and the name of any organization you represent office please identify yourself and introduce your first testifier good afternoon the the original from the old community plan not the one that we're discussing now chair and there is no one to testify three individuals who signed up to testify in the council chamber the first person to testify in the chamber is lynne mccurry testifying on the proposed bill relating to law my community plan as well as kind of communication sixteen dash sixty three she will be followed by further testimony at the e u district office sixty three this is been a very long and difficult process that has a range of emotions that have gone from looking into the future and then trying to take positions that these are important things in the future and what will it be and at the same time  knowledging that there's three people who did work on this plan who won't see the future and three people that will so the lanai community advisory committee met for nine months and they reviewed this document page page and sometimes word by word all of the proposals that we submitted were submitted during this period during this nine months we made a very small change to the airport th footage of the five hundred she was added in in that period and that time after the community after the sea pack committee we made no further changes to the plan nor suggested any so the planning commission was able to see everything that pack members also saw and both groups works worked very hard in very detail to craft the stock you meant that was sent so it's now in the final steps and we thank you all for doing the work that you've been doing so i also want to just sincerely support and think the long range planning division and director will spence and michelle mcclain the council staff and the council members staff have been incredible in the assistance to move all of this forward and get you back and forth to email to pull time so we thank you all for all the help of the cooperation and once again we ask support the communication to be insufficient for the needs of the council particularly when the communication is garbled in interrupt it is troops the accuracy of what the testifier is trying to communicate to us so i ok are there any further questions or comments mr couch thank you thank you mr gamer for your testimony i just want to clarify make sure i got it straight i seem to recall at the meeting on march twelfth you said that if we added that table the column of the land use designation state land use designation to the existing change that we had you were fine with that we have that on i asked you if we did that is that would that be sufficient and you said yes on public record are you changing that now that we we don't but that's exactly what we did we just added that one column to the table as we said we would and you agreed would be sufficient so i'm not sure what has changed between now and then communication sixteen point six three which has the new table in  do you have a date of that e mail that unfortunately that is not opposed to i don't know died on was posted should be the same item but you have a date on  asking can you hear me mr couch is asking whether you have a date on that particular community communication march twenty nin three oh no further on because all we have as a last paragraph says the lanai community plan land use map collectively maps nine point two zero nine point six has been prepared in compliance with the requirements of sections two point eight zero b point zero seven zero a and e recess mr couch thank you mr chairman thank you for doing that and as far as testimony on the we had one to three people from one i testify and we had a hard time hearing them so i would ask that we would be allowed to have them come and yes if i as i believe that would be appropriate i don't know what i say against our rules or whatever but i would ask that they be allowed to testify again without objections if i believe that is they should community so thank you very much for that consideration from yourself in the members are i will say though so so that you are aware i will be adjusting the budget schedule deliberations in review so members were happy to make this revision i'm going to tell you we are still going to follow the schedule so i expect longer days and nights but we will accomplish the needs of the budget  committee so please make appropriate adjustments but this time chairman we are happy to provide space and time for the council's requirements thank you thank you mr o'connor for making the adjustments on the budget schedule and we appreciate that at this time without objections i'm going to continue with the public testimony here in the chambers mr clerk the next  testify in the chamber is lloyd fishel testifying on the proposed bill relating to the community plan good afternoon good afternoon mr chair of the committee members on march twenty second  buy because we know the states land use district boundaries were created by recognize law h r s two zero zero five establishes for specific land use districts ag rural or urban conservation the county plan does not designate a land use if you want to change a designation you have to be in compliance with the community plans or take specific steps to make the change h r s two to six establishes that boundaries you need boundaries need to be consistent with community plants which must be committed consistent with the charters our charter is clear that all land designations must be identified in the community plans and the community plans the boundaries to get around this it is proposed here to take out the appendix with the land use designations is that what is in store for us in haiku when you take up the haiku community the statue h r s three four three says that when you change a plan boundary and yes is required this is a big reason you're having trouble with this proposed bill the bill creates dysfunctions within the planning department these actions in cahoots with the planning department try to change well established state laws and our charter protect the i n f for future generations the public notice points out that the fiction that the community plan boundary is set up in the maui island plan is the same as the state's land use district the county plan integrates the corruption of breaking down the community plan boundaries and putting fictitious boundaries in place of the community planned boundaries land use designation does not control community plant boundaries if the appendix is eliminated from the lanai plan they similar appendices must be eliminated from all the community plans a violation of state law as well as equality for me and the rest of us as it stands this bill is a mockery there is no compelling reason to defy revise the existing  being here which table are you saying is being removed which appendix is he saying is being removed is there an appendix that was proposed to be removed no ok that's fine then thank you thank you any other further questions for the test see thank you very much next the next person to testify is albert for as testifying on the proposed bill relating to community plan and kind of communication sixteen dash sixty three surprises the last individual who signed up to testify in the council chamber guzman maui tomorrow is opposed to any of the revisions that have been proposed after the lanai the planning commission's version of this community plan the community has not had sufficient time to consider the proposed provisions that were made after the fact you folks have had one meeting over there i believe maybe two but as m said they were limited to three minutes in testimony and there hasn't really been a dialogue like has occurred at the community plan advisory committee level and at the planning commission level getting to the specifics of the recent proposal the proposed amendment my comments are that there are vague words in there are such as typically and envisioned and those need to be eliminated from the plan and favor of words like we used to have in that plan like definition of the land use district and not just uses that are in vision because those types of words are really open to interpretation and that's not what the community was expecting not what they were told also appendix nine to the way that it's constructed right now no it will not work because there are uses that are not going to be protected we're lumping everything together in for example the heavy industrial district and includes light industrial and business business commercial and also the light industrial district includes business commercial so what happens is that raises the price of land beyond the capability of the heavy industrial and industrial people to afford causes them to have to move and that's a business hardship so we need to protect our our light industrial and our heavy industrial businesses my recommendation would be that we go ahead and fix the zoning designations and then apply them in accordance with the will of the  community specifically the stack zoning is continuing to create problems and not protecting existing uses people in light industrial and heavy have to move because you're competing with business users  the council go back to the planning commission version that was supported by the nih community and i just wanted to comment on the previous testifier i think  the problem is that appendix nine datu has been added so i'd like to see it removed and go back to the old planning commission version so that was just an update instead of all these wholesale changes afterward thank you i asked if he went to the minute meetings of course not ok we'll wear that we had a very unusual meeting with the law and i community for a very long time where we had a give and take with the whole community that was there quite a few people i read the minutes of that meeting and i also listened to the testimony thank you people today thank you is there any other questions for the test mr clerk the next person to testify is dick mayer testifying on the proposed bill relating to the community plan and kind of communication sixteen dash sixty three mr mayor is the last individual who signed up to testify in the council chamber my name is dick mayor comment on the question that mr combs just asked the previous person i can as i also read the minutes and found that there are many misleading statements said to the community during that testimony and so  t with that on the record i'm also upset that the community made its recommendations and when i and then so many changes have been reintroduced or introduced by the planning director and then by the planning chair over that in fact one of the sets recommendations that were in visions that cetera was all introduced after public testimony at one of the meetings this is a very bad practice and i'm afraid that when my community goes up for a thing that the director will make many changes after our community has made its recommendations with regard to the sentence that you had all confusion on that one that was deleted in chapter nine that a version of that same sentence remains independents nine point two so she's saying the same thing if you're going to eliminate one place as the curiosity it should be limited in both places that's the first sentence in the appendix nine point two that in the second paragraph that sentence should be eliminated i'm also concerned that many new definitions have been put into the community plan area on that appendix that were not recommended by the lanai community in terms of adding commercial uses some of the things that mr president mentioned that may cause prices of land to be more expensive if certain zoning things are allowed in the heavy industrial light industrial area there are a number of problems so my recommendation is go back to what the community recommended and both the advisory committee director should prepare a draft the advisory committee should make its recommendations the planning commission in that area should also make its recommendations and then comes the council nowhere does it say that the planning to rector should continually come forth come to you and make changes recommend changes after those bodies have met they have their first chance they prepare the draft and it's up to the community to tell you what they want not to have the planning director keep giving you revisions to the plan and i'm very upset with the process and i would not like to see that happen and i would certainly not like to see that happening on this island as the various communities are being asked to make their plans and their recommendations over the next several years please vote against this revision and please go back there is no further individuals who have signed up to testify in the council chamber and we have received no communications from the district offices regarding additional testifiers from those areas thank you members as stated earlier we have technical