we'll the infrastructure environmental management committee please come to order it is june twenty ninth two thousand and fifteen and it's about one thirty five in the afternoon i am really cochran the chair of the committee and today currently with us is corporation counsel michael hopper aloha good afternoon and we will be having people from department of finance department of police public works and environmental management with us here today for staff we have legislative analyst jordan molina committee secretary ray night and i believe that everyone here for our staff let me check in with our district offices over and hung out don alone or  ok thank you ladies for being there members we have six items on the agenda today i am twenty one vehicle windshield requirements i am sixteen exchange of real property to road i am thirty three excepting remnant lots containing portions of the road kaanapali i am thirty four amending the hours of one week conditions on queue road michael while i am seventeen united states environmental protection agency state department of health consent decree quarterly report and i am twenty three county wide sewer capital improvement reserve fund and at this time i  will be opening up the floor for public testimony everyone will have three minutes to testify please state your name any organization you may be representing and also please limit testimony good morning chair and members of the committee i'm lynn mccurry with and i am testifying on the second item on the agenda authorizing the exchange of real property situated on the road  testifying in support and really only asking for one change and the second whereas on page three of the resolution has the name and be on it really should be resorts and that's the total amount of my testimony so thank you thank you ms record members any need for clarification from the testify or none thank you very much mr cory for your time and anyone else from the gallery members without objections it looks like we don't have any further testifiers i shall now close public testimony thank you very much so ordered thank you ladies for being there ok let's jump right into it i am twenty one this is the an ordinance amending section ten point two zero point four two zero maui county code relating to vehicle windshield requirements and the purpose of this proposed bill is to allow the placement of signs posters and other nontransparent materials that do not obstruct the driver's view of the road or intersections on side wings or side or rear mirror windows of motor vehicles and today we may recommend the passage of the bill with or without revisions and also filing of this county communication so in the binders members you'll see a correspondent which is dated june fourth of this year two thousand and fifteen from myself i am committee chair requesting comments on proposed bill from department of finance and police correspondents dated june eighteenth two thousand and fifteen department of finance transmitted their comments the partment stated they have no objections to the pros proposed bill but did suggest a minor revision to replace the term intersection with intersect dean in section two of the bill and comments from department of police have not yet been received as i understand it's in a row and we do have my police department here with us so we can get comments through them so this time i'll call down mr the will you be representing or mr walker finance can come on down here to the desk in the hot seat and be requesting some opening comments members from the department in regards to this  looks like we have finance deputy director mr walker and also from d m v mr lee to villa and whoever it like to start opening comments go answer any questions you body may have regarding safety inspection or how we would be probably implementing this if it is approved by the body ok thank you very much for your time so members w h if you have any questions or comments for department feel free to ask and this is just been an issue i guess in the so mister avila is the one simple change you're saying instead of in term intersection with intersection because i guess currently is intersection highway which doesn't really make sense mean the same thing or no intersection if it just need intersecting highways the highways intersect each other at an intersection ok so if you you're turning that  is just defining the obstruction of an intersection the concern there you still have the two roadways and either side approaching that intersection and the driver would need a clear council policy but as far as you know things like posting i don't think that that's a the type of amendment you would need to you know reposed the bill for anything like that as for council rules on voting i think that i think that's probably the churches question based on the council rules are all just i mean if i feel it's non substantive really it's just clarifying the the english language here and so if you folks so mind will go ahead and just do that change replacing an intercept so it's in the first paragraph members ten point two zero point four two zero eight and it's the last sentence in that first paragraph and where it says or in the intersection highway so just intersecting highly thank you very much with that members do we have any further discussion or need for perhaps down and grab a seat here section thank you very much sergeant thomas craughwell i would like to just we never really received a written report from the base the part that overall can you represent the department concerns involved with this vehicle windows there's a lot that goes into a lot of design into the manufacture of windows and you know how these windows are designed in they're made that way you know to  enhanced the vision of the driver as well as the occupants a lot times occupancy observed hazards and they relate to the drivers to help prevent crashes so yeah a lot of that and you know a lot of work goes into into materials some of the concern would be you know if somebody put something in a vehicle nontransparent i mean that could be anything metal would in any other hard object which in a crash or collision or sudden braking could come loose and it could you know hit it hit an occupant in a vehicle  that's that's an issue also if somebody you know gets you know launched into a window you know or are these objects going to cause injury further injury to them you know based on whatever these you know we really don't know what these nontransparent materials are not a lot of people get creative with stuff they put in vehicles and on the windows or whatever the you know the latest rave is about what it when you know what's what's cool this month or or not  so there was that so that the wording leaves a lot of you know debate for an interpretation where it says to the point where the place in the science and posters other not to obstruct the driver collisions when we're trying to find fault or the cause of the collision you know with that also a lot of people you know what you know if someone's driving my vehicle something that might not be an obstruction to me on a window might be an  or clarification of sergeant or the department ok thank you very much the surgeon i have no maybe this might be for d m because it's more about the process i guess of a inspection self so i think that would probably be more in line for that ok but thank you for your time thank you thank you  officers members i brought mr villa back from d m v and my question is in regards to a person given the safety inspection currently i mean is it the process for them just to sort of walk around the vehicle or do they actually supposed to get in it you know as the sergeant was sane being in it for the view for you know the person who owns and drives the car you may the new verbiage you know the or the wording replacing the existing is saying nothing whatsoever period now it's giving a little bit of  leeway to the inspector or right to say looks like now that doesn't obstruct is behind the headrest that's blocked anyways so just when you run through the process of interpretation and what's obstructing to one may not be to the other and you're going to have a customer client relationship where i come in and i'm getting my vehicle safety inspection inspect and even though there's items on the window that may obstruct but it does end up struck me that all that will put that have that safety inspect tore at the station in confrontation with the customer their service stations and in the present verbiage unless it's for the define as far as what he's obstruction it's so loosely defined that it's going to be we're going to have to take a very neutral stance and that's why  when we review to the proposed ordinance and we really had no objections and the intent is we don't really know what the body really wanted to do or what is to intent  so if you're looking for a clear clear definition of what the inspectors will do at the service station i thing it will vary from one station to the next because if an inspector inspects that vehicle and passes something that is later on adjudicated to have been unsafe the question will be should the inspector have done that vehicle and will that station then be liable for passing that vehicle but that's not language of the ordinances in place in the city and county of honolulu i can't necessarily say that that's a good or a bad thing because i'm not sure how enforcement has gone on over there but the language does appear very close do a bit of background research today for that and it does appear that it may or it's mirrors or is very close to the language that the city and county of honolulu has in their ordinances ok and have you heard of any repercussions of their type of language at all i'm sure no we haven't i'm not sure where this plane which came from originally for this ordinance but i think we did not do a background check on that i imagine that's something that  the department of finance or police maybe even could do with their counterparts in honolulu to see how that's been working and i'm not certain what the bear islander quite he may be may be doing with this type of this type of restriction but i fill up the whole window with a message of some kind and is that what caused this because we've always had people put little stickers you know on the windows like a cat and a dog and the two children or  you know some small little organisational thing i mean i've even seen shoppers diggers on cars and nobody paid any attention to that but i think it was this recent thing where people being there who back window and was that what caused this thank you chair for my office it was the little ones like you're mentioning the seemingly benign little biscuits flower or whatever  because of the existing it's everything has to be taken off the window big small way and maybe the big ones ok there's room for you know debate on those but it was the people who had little ones th like well what this is not right doesn't block a thing and it's decorative i like it or whatever and so it was to hopefully take care of those but again it's the big ones that do obstruct and all that worry your inspector has the purview to say one or the other but again you know mr alito scene you're going to have somebody goes yeah but i can read between the lines of had two big letters or i don't know  thought that was kind of and again as we always say nothing's perfect but i think this is a way to have our inspectors who are reasonable and have a good you know understanding about them to say that looks ok i just recently had my sticker taken off my window that had been there for years school sticker and it is behind kind of the headrest so they headdress is a radio obstructing my view but because it's a sticker and the existing says you take everything off it got taken off so i understand but i think with this perhaps the inspector may go your it's behind your headrest so where is it that you're in is blocking your view so i think it would have stayed otherwise well i certainly see a lot of college you know people put their college number up on the top of that when to the back windshield or a little logo or recently this past few weeks i've seen a lot of graduation things written all over the back window and i don't know if that's a good idea i think i think this makes it very clear and i think that's the problem you know unless it's clear and you leave too much room for guessing or i think it's ok because i'm going i'm going to do this for a couple days or if you know how it is so i think it's a good start and you know again like every law day we make somebody's going to challenge it eventually and that's what we have a great legal department for thank you thank you for your confidence in our legal department and also members we always have the opportunity to revamp and revise and change things as we go if we start seeing things or have negative effects of course we always have that power to do so so members do we have any further need for discussion or ok n then members entertain a motion to recommend passage on first reading of this proposed bill entitled a bill for an ordinance amending section ten point two zero point four two zero county code and this relates to vehicle winchell requirements and incorporating any non substantive changes or revisions and filing of this county communication fifteen  excused thank you very much members and thank you very much departments for being here and my opening remarks does no tape to me is actually what she had testified on which is about the we're going to make a correction to the resolution and it's about it's on the third page and the second for that correction last week i was going through the resolution and i notice that i need to make that correction but i'm glad that it was brought up this morning in testimony so before you this afternoon is the author of the sion or the authorizing of the exchange of real property situated on copy road and this matter was brought to our attention a number of years ago where the boundaries of the existing county roadway a lot of copy the road doesn't conform to the actual boundary alignment that exists today portions of the existing copy of the road are located on the adjoining resorts lot and our land section within the department of public works before you in your packets i am not sure if you have the colored version of the handouts and if it's in black and white it might a little confusing but i wanted to go through that you have three pages the first one being the actual showing showing the alignment of the rule and in i'll  raise it up for you so that you see so this is sheet number one and you will see a the boundary of the road that's outlined in a dark black line and then you'll see also see alignment of copy the road as it looks like on a on the paper map then you see how little boxes there that show the different portions that are to be exchanged sheet number two three shows six different sections and i'll explain each and every one of them if you take a look at insert number one you'll see a where i have it i have it does it need it in blue and red and you'll see kind of like a straight section that is the section to be given to the county and then the blue section i'm sorry that's the blue section the red section is the little more curvy line that is to go to the  and then in that section the county of maui we will receive point three six or eight acres to lanai development company they'll receive or w exchange it for three they'll get three four point three four two one acres you can follow along with me on sheet three three and then insert number two i'm sorry i need to go back to that that insert number one includes sections sections b and section  so it corresponds with the the chart on sheet three three inset number two shows the land exchange and section c and section d inset number three shows the land exchange for sections d and e and that number four shows the sections for e now i also wanted to note that the capital letters are the counties portion the lowercase letters show you the lanai development company or lanai resorts portion are also portions that are unaffected and that's where the two parcels where the intersect so that is identified in the chart below where it says unaffected county areas pursuant to section three point four four of my county code a land exchange can be authorized with public notice and this occurred in the news on october ten thirteen and sixteen in two thousand fourteen we've already gone through that one correction that we need to make on the second whereas on page believe that was page three and so at this time the department of public works request your review and consideration of the resolution before you today and again i'm available for any questions we also have lynn mccurry your who can also answer questions ok thank you here also if need be a resource person yes mr comma see is the paper current what the road alone alignment looks like on paper the existing alignment where it is today is that the road i want to say on the bottom of that dashed the so what will be responsible for is that the line on the bottom so is not the one that's angled above but if you can see on your go ahead was on the paper road i my understanding is that it doesn't it's i don't think that alignment exists  and when i look at the aerial photographs i can't even find the alignment of that that angled portion where the dash lines are shown i see it very i'm actually looking at a google map of it right now and the alignment that's shown here the one that star can match up to the alignment that's shown on the google maps that we see  yeah the six insets and then if you can take a look at so there's that in the middle of the map there's a dash line and then the bottom part those two will be exchanged so the so that is section d so if you take a look at the chart on three three two the county of our portion is eight point seven three seven six acres  portion is eight point six nine two e something we need during your check the reason why we're doing this is to be in line and to conform with the existing boundaries of the road so where the road is located today is yours traversing or traveling on it that alignment that we see today doesn't match up with the original alignment that's on paper in two thousand and twelve we had that question whether or not the expansion of the runway would interfere or have any effect on the alignment of the road and according to t their response was and i'll quote this from their rip their letter the area indicated to be filled in figure two includes additional areas for staging and other activities so in essence they did use a portion of the road during the expansion of the airport that the actual area and continue one that will be filled to construct the extended runway safety areas much smaller than the area i i'm sorry indicated in the figure there will be no impact to the existing alignment of copy after the project is completed the existing roadway will be restored to existing conditions and i do have a that was in the draft as well and they do show the alignment of the road as it matches up to this figure that we have ones and sheet one it does traverse onto  state property but the existing alignment shouldn't be affected by or should have been affected by the expansion of the runway us thank you sir i did i reached out to robbie sanchez this morning just to see if he could take a look and maybe take some pictures so i can communicate any findings that we have t it's currently being used it's just to continue i guess the the usage of where it's currently being i mean it says to  layman of existing copyright currently used by the general public so there's a route that people are using and have been and we're finding out that partial partly company owns partly county and so now we're just number for the road right ok and terrify your head that still believe it's still a dirt road you know it's not improved but people still use the road for  it's a public road and but what we want to do is just ensure that the alignment the boundaries of the road just match up to what we have on paper  i show entertain a motion to recommend adoption of the proposed resolution entitled authorizing the exchange of real property situated copiously rhode island of the county state of hawaii pursu to section three point four four point zero six zero maui county code and incorporated any non substantive revisions and also filing of this county communication fifteen dash forty seven so  any opposed say no seen none oppose measure passes with five i is to excuse member weight and member men and thank you very much island and county of maui state of hawaii and the purpose of this proposed resolution is to authorize acceptance of real property from ca on the poly land management corporation lots one dash a dash one dash comments on share thank you and as you mention share yes it's been a long time coming we're happy to bring this forward before you this is the authorization of the land donation from two packet and there are these are sorry to peaches for pages in total back and forth these last four pages are actually maps of  the portions that are to be donated to the county and i'll start on the one that i guess it says page nine sheet one of four and i just wanted to orient you that the green portion is the county portion that we currently own and maintain the blue portion is in c that is being proposed for donation and then the red portion and the salmon colored portion and then it comes into a skinny triangle those are portions from poly land management co you see a yellow portion that runs along the the north side of the property and that portion is not to be dedicated so if you see any yellow portions on your map those portions are not to be conveyed to the county those will still be kept with conna poly land management court and what they'll need to do in the future is once those parcels in the north side if they are ever to be improved then they also need to make improvements along this right of way and i'm assuming that at that time then they'll need to come back to the county and make an education and again so blue is in see the red is calle mc so that is page or sheet one of four sheet two for again the green portion is what we currently own and maintain and the blue portion is in c that slot one eighty three the the fuchsia color is in c so in total one point four one six acres come from and see construction and point zero six seven acres ms and members floors open for any questions of department you have any has missed by sa i don't really have a question to her but you know you're so familiar with the area i feel very comfortable in taking your have ag agricultural going on what what is the reasoning for them not wanting to dedicate or having plans for that area i don't understand she is like the shoulder way of the existing road chair in the future when the i believe there's a master plan for that area so when they start developing those portions under north the north side they'll need to construct their improvements and then at that time that's when they need to come back and keep that yellow portion all the yellow portions to us to the county ok ok very good yes mr hope come up with some  this area and we realize that these portions had not been conveyed to the county and still kept private so what we needed to do was  pursue that and i want to call it dedication but this is actually a road donation of the parcels to the county saw in essence what we're doing is having these portions donated to the county and then what will need to do is go in so that we can move forward with any kind of resurfacing of chairman mike white which are hi thank you for joining us we're on i am thirty three and right up the road from your hotel road which i'm sure you're familiar with and  members i just like very very happy to be here today to be addressing this item because as we know all the years i've been here this has been one of those things the community wanted this fix the improvements to happen yes ok so this this donation is really key in ensuring are you making sure that we can get it on the schedule for resurfacing the plans as i understand it have already been completed for the resurfacing so what we're just waiting for is making sure that this these portions become ours are a very good well thank you very much and members any further need for discussion otherwise i'm ready to make a recommendation here thank you very much and i will entertain a motion to recommend adoption of the proposed resolution entitled a and any opposing no seen no oppose motion passes with six other guys one excuse mr hughes i'm in and motion passes thank you very much and thank you department for moving this forward also next item on our agenda today is dash thirty four and this is amending the hours of one way conditions on road which is in moscow and this is county communication fifteen dash one six seven from director of public works transmitted in proposed bill entitled a bill for an ordinance amending section ten point three two point zero five zero county code relating to one way streets and the purpose of this bill is to amend the hours when one way conditions on a queue road are in effect to align with the school hours at the mako elementary school and pretty straightforward members so with that i believe department did you have comments for this item you think you chair and just to give you some background in this matter  she needed assistance with we were about ready to move forward with the resurfacing of baldwin avenue so it was a great time to kind of find out what the school's concerns were one of her concerns was that the existing ordinance  doesn't allow up doesn't line up with the hours that school lets out on on wednesday afternoon i'm not sure if any of you are aware of this but the department of education especially the schools  molly made adjustments to their bell schedule so now school lets out a little bit earlier on on wednesdays so that's what we're trying to do here is just to make that change if you see in your  on the proposed amendment it states that on monday tuesday thursday and friday and between the hours of twelve p m and one p m on wednesday it's my understanding learning from miss honda that school now  out at twelve thirty p m on wednesdays so we just needed to adjust our code in our to in order to match up with the hours that school lets out on on wednesdays ok so this is just one of those housekeeping items thank you very much ms and i and also members are forgot to mention that we do have comments from the public works commission and it supports this proposed bill also so thank you for the commission's work members yes ms bison thank you very much to i'd like to speak in support of this i think it's very important i'm very familiar with the area doing to where i grew up and i walked on a q road every day to mco school i graduated from there and elementary school and it is a mess the parents are all governing going picking up kids and it doesn't match the hours don't sync with the closers so i think this is a new very important thing and i'm in passage on first reading of the proposed bill and titled a bill for an ordinance amending section ten point three two point zero five zero maori county code relating to one way streets also incorporating any non substantial revisions and filing of county much and also mr hopper thank you looks like we're going to maybe have richelle thompson join us now members were on i am seventeen and this is about the united states environmental protection agency slash state department of health consent decree quarterly report and this is county communication fifteen dash forty eight from the director environmental management whom i actually don't hear right october two thousand and fourteen through december two thousand fourteen and we'll discuss this and also consider the filing of this communication  you know and we're on the i am seventeen and we're looking to get opening comments from yours so from the department if you're ready i see you also have brought a handout for us which jordan has distributed so if you're ready director you may proceed sure thank you chair thank you for scheduling decided i wanted to provide the committee went up the last month eric understaffed have really worked hard in setting in motion and setting in place a good operation maintenance program and the state and the environmental protection agency were both very pleased with the direction the county was going and they did a site visit and met with us and we're pleased with what they've seen and so  reports but i wanted to update the committee on the closure of the consent decree thank you and thank you be a were from under the consent decree and let's not get back under it so at this point members directors here if you have any comments or questions for him chair yes mr howe come  forefront of commending the department and the division for a job well done that to get all parties supporting a request to the court to terminate consent decree  says something and even though joining parties support the county's requests i would like to first commend the division and the department for a job well done as we are told to occur and do you report you have before us  kitchens you have the department create kudos on chance to hit of this difficult issue our sister is going through tremendous financial pressures to train get their system up to a better situation to the currently is just so i can appreciate our people good work into specifically area by that i think working with the director i think you already have it on your don't think this reserve fund for us to move forward in allowing the division to meet the new future needs of the community i think we will know we're on a very good operation so ok thank you very much appreciate that also and i know i don't know how often you go to a for your inspections but i know cheer that you do make those necessary trips even as our certainly done a great job in the us getting this consent decree put to bed so thank you very much q missed by so thank you very much chair and i too would like to add my congratulations and thank you and commend the director the good work you know we have so many things that we have issues with and have to debate our in our hearts about what to do about it's not easy i know it's not easy and today you should celebrate thank you very much thank you ms bice anyone else have any further comments or praises for the department thank you also for the funding support because without the solicited funding i mean provide it you want us to provide updates we certainly will and put as far as a quarterly report requirement for the consent decree that ceases with this ending of the order ok but maybe just any they can work with you afterward to see what what level you'd like because some of this i think is kind of tangential to what you guys might be interested in but the e p a was all right so we could make something that is more in line which is what is might be good for you or your constituents ok yeah i mean just think you know along the lines you know members of whom were you know in a good position and we want to stay there and you know improve upon if need be and of course there's always a budgetary cost to it so then with that we can have some type of you know reporting or spreadsheets or something that can state justify why certain needs are you know are asked of this body to fund and what have you so again like you said we can work together on that then this order was closed on the condition that we continue the programs that we have in place ok we feel like we have the adequate controls in place to ensure that the situation we had in the late ninet wouldn't occur again with the controls we have in place the reporting we have in place so by no means are we going to abandon any of these programs that we've had listed over the last fifteen plus years ok very good then it's probably safe to say that we can just file it completely and thereby with these additional reports that we're talking about that we can work with on the details and parameters it with then can be you know drawn up in a different way i get out seen no one oppose measure passes with six r is one excuse member who's men and with that thank you very much and please do you know zero in your entire department who have made this happen moving on now than to i e m twenty three and this is county wide sewer capital improvement reserve fund and this is a miscellaneous communication from the county clerk transmitt the matter relating to county wide sewer capital improvement reserve fund and this i know had come from budget session this year so with that it looks like you know i believe that this is something and again we'll be working with of course director baez and director guindos as we planned i believe this is putting on our part i have very little up to the users to pay for the the system and so my thing is we're preparing the system and its users for this high cash required they spend program you know cost to get the job done but this is something i think you know we had everything ready to fifty years we're going to have to infuse major capital money to keep our system operating at levels that the public demands  safety and health issues so that's how i see it then i think this is a great first step in the direction we need to go chair so thank you thank you very much mr okama and yeah i want to state  that consent decree originally was the primary driver of our county or ca p s and now as we just voted on the consent decree is over and it's a good time now for us to go and you know roll out this whole take a look at the sewer program review and this new reserve fund will help you know implemented it and make sure the program continues  this helps us and mr special when we go before a ball on time when we sleep on council but go through the reading agency we're able to show those agencies we do have long range fisc forecasts and programs to address the needs of the county and that we are preparing and i think that should give those radio agency some confidence that we are dealing with our long term fiscal needs  have you thought of it or we can discuss this as a body how we would select what's funded i guess because i know when we created this we're seeing expansion or you know replace multiple projects that are once private public partnership in one county doing a one by itself and it again he's going to need a lot of information that is still literally under the ground express again my thanks to the committee budget committee for review when he was reviewing this you know the charter section one fourteen which allows for the transfer of funds from an expanded appropriations from different funds into capital reserve funds for those different opportunities it really opens a door for us from a friend answer perspective to do very long term planning and so it's something that i don't forsee that we're going to be delving into this fund in the near future it's something that you know we would probably like to work on as a member come said you know the  strategic plan of what we're going to be doing how much replacements we're going to need and the cost of those replacements for a long period of time to come so because we know or we assume but i pretty much know that the cost of those items are going to be you know hundreds of millions of dollars in the future we should have a financial way to prepare for those and this is the opening the door to that financial preparation  think member will come up for recommending that all of the funds be referred to committee this is you know this is a special or revolving fund and it's in our appendix here and it's something that we have to manage it so you know this is new but review of some of the older funds might also be well this is the first fund that's actually being reviewed by committee by referral of the action so we wanted to think this committee for reviewing it quickly from the budget and the opportunity here to discuss that if you have any questions we will be happy to to try to answer any of those questions as well so thank you thank you and just so requirement for putting funds into capital recruitment reserve fund are that those funds be an expended appropriations or we typically call carry over savings from the year before so the  mayor may propose a certain amount council will adopt a certain amount or no amount to be transferred into the reserve fund each year and of course that amount is going to be limited  to how much korea over savings that that fund had from the previous year so that will be the limiting factor we can't just go and raise the rates or raise the taxes and put money aside that's actually not specifically in the charter we can't do that but any an expanded appropriations we can then put into this fund then as the mayor proposes his budget you know if we review you know this long term strategic plan the project is fitting for use of these funds or say we plan on using you know geo bonds and then we're going to pay for the debt service out of this fund then the course again the mayor will propose that in the proposed budget and you can review that or if you see fit you know when we propose the budget we're don't include use of this funds and you'd like to use the funds then believe that you can enact that in the annual budget and transfer that couple improved project for use out of this funds it does take a supermajority of council to utilize these funds because it is a special reserve thank you for that explanation direct on this subject heading and keep it as item open in my committee so members without objections this item will be deferred thank you very much so ordered and at this point members this is our last item on the list of