so before you you have the catholic charities housing development corporation requesting a special management area use permit to construct the proposed cover louis lani affordable senior housing project that will be located at sixty five south street t m k three seven zero zero five zero zero three this application is before you because it is located within the assume a special management area so that is what you are reviewing today it also triggered compliance with getting an e a however the planning commission was not the approving body on the so it already did the draft and finally a which has been published on the website so i just wanted to let you know that they've gone through parking stall reduction waiver so send the writing of my staff report as my staff report during the parking i say that they will receive a parking stall waiver from the owning and they have so before you you have the reduction that allows them to have left spaces on their last so i just wanted to pass out for your information and i'm going to turn it over to the applicant and let them give a brief presentation of the project  hi good morning to your division commissioners thank you for taking time to be here today my name is and i am here today along with some other members of the consular lani project team to share some information with you about the invite so much to share some background on catholic charities and there to serve our community directors although we do share the same mission as the catholic church our housing and development corporation was incorporated in one thousand nine as a nonprofit corporation  these are the people in emergency situations these are the people who have been homeless these are the people who are one peach or away from being homeless the intent is to provide affordable and special needs housing for the elderly or economically defat disadvantaged people in the state of hawaii as an affordable housing month process developer i i want to commend our catholic charities in development corporation not because they're fulfilling a need but because they're here on maui and helping create affordable housing and it's not just molly but it's across the state so of a dream for us to be able to provide this and you know i know senior housing is important i know family housing is important so you know hopefully in the future we can start focusing on family which is a big here ok housing development corporation is proposing to build affordable senior rental housing and a project that's called  will house seniors fifty five years and older excuse me within the thirty to sixty percent of the area median income so this is our lower income folks and i know you guys have gotten a lot of information on this you know there was something that came up in the paper also there to these things and i'm sorry if i you know try to make up stories but you know i think the point is important to me thank you for being patient with me as i said approval of the project will absolutely increase my always affordable rental inventory and in turn help people on maui get into affordable rental housing lani will remain affordable for at least sixty years and have catholic charities has anything to do with that it will be in perpetuity because that's what they want so you know i foresee catholic charities being on the island  working with this for many years to come our project will come with keys management for the seniors and this is to help them remain independent and be sustainable because you know these are people who do have financial issues so we want to help them and we want them to remain in the housing and also utilities will be included in the rent so there's not going to be a separate charge for utilities which is a big plus for our seniors we're also fortunate to have secured financing for the first phase of this project which is eighty one units and the manager's unit which is in a two bedroom apartment of over eight hundred seniors and that is with out any public or advertisement so even an advertiser you see people are signing up for that housing because there's a need polani and one day i was coming downtown to testify at the county council and i saw a sign on the post that the room roommate wanted thousand dollars thousand dollars who who are homeless people trying to get into housing families who are behind in their rent some who live in overcrowded conditions and are looking for ways to get out and lots of times affordability is a problem many of the people we serve live in tight budgets and i are at risk of losing their housing if any kind of emergency comes up whether it's medical whether it's family members whether it's assessment of a family member we also see folks who are fortunate to get section eight housing and where we are going to be accepting section eight housing the problem in the past is people lose their vouchers because they cannot find unit to you selma so as we've mentioned earlier we're here today to share some information about the proposed affordable senior housing project you may have seen the article in sunday's mowing about the project street commercial mixed use project that was approved in two thousand and five which also included a multi story commercial and residential building project that is currently vacant and contains an old go cart which is no longer in use in project includes two six storey residential buildings which will provide one hundred sixty four when that your rental unit for seniors earning thirty sixty and sixty percent or less of the county's median income and it also includes one two bedroom managers unit senior according to the u s department of housing and urban development guidelines is someone fifty five years and older to give you a sense of what this project means in terms of affordability since i chose the twenty seventeen but the site income limits and maximum gross monthly rent which as someone mentioned includes utilities so for example looking at the thirty percent in my level which in twenty seventeen was an individual earning eighteen thousand one hundred dollars or less per year they would only have paid four hundred eighty four dollars per month someone earning fifty percent or thirty thousand one hundred fifty dollars or less would have paid eight hundred seven a month and someone earning sixty percent or less would have paid nine hundred sixty nine dollars a month excite them calmly money also includes a seventy five hundred square foot multipurpose building which worker vied recreational space for and office space for catholic charities will provide social services to residents and other beneficiaries in the community also proposed related improvements including a total of two hundred sixty page then grass parking so landscaping and any required utility crews many of you're probably familiar with the site but just think we see here is an aerial view of the project site which gives you an idea of what's there now you can see it's mostly vacant except for the go cart track  and a few trees we also have some photographs of the surrounding area that we with i just share the views are indicated by the numbers and arrows on the screen so there's one looking across county street one looking across and another looking across t buildings are proposed within the b two community owned area near the site plan for the project the site design incorporates open space around the perimeter with the residential building setback approximately twenty to thirty feet with landscaping to enhance the views from the surrounding area the buildings are stated so that the multi purpose thing is closer to the commercial uses across county sheet and the residential buildings are on the scoresheet site closer to the waterfront apartments and the cost of the librar all three surrounding streets will be improved along the property boundaries and coordination will be undertaken with the department of public works regarding appropriate improvement is our sheet which is included in the project area will be explained this is a rendering showing the elevation for the residential building shown from the parking lot the maximum building elevation is just under fifty three feet high which is well under the ninety foot maximum building height permitted by th only architect actually reduce the building height from the typical of order for housing building which is usually seven stories or more the architectural style of the building is contemporary with a monumental type of design with simple architectural details including to highlight the building entrances there are a number of sustainability features incorporated into the project the project was corporate renewable energy technology you may have noticed a carport with p v panels in the parking lot in the first rendering p v is also being considered for the rooftops of the building the project will be energy star certified with low emission roofing products and of your c finishes the building show will be insulated and project also includes water conserve water conserving plumbing fixtures and landscaping where your lies made of cheese and plants that are appropriate for the underlying soils will be michael cultivated to minimize irrigation and no significant archaeological impacts are anticipated as a result of the project the site has a history of residential and commercial use and an archeological inventory survey was completed in two thousand and four for the go karts facility an archaeological monitoring additionally no adverse impacts on dissipated on the shoreline or recreation area or an environment or water quality the biological survey noted that there are no endangered species or critical habitat on site according to the traffic st no significant impacts are anticipated on traffic or roadways and no significant secondary or cumulative impacts are anticipated as a result of the project for potential cars milani resident who cannot drive i not shows the pedestrian have to three nearby bus stops within five minutes walking distance of the project the project is outlined in red and the bus stops are indicated by the thing done and the are represented as the dashed lines with existing crosswalk shown in yellow regarding the project schedule construction needed to start upon receipt of require permits and approvals expected to take approximately thirty two months of construction what we see is some i mentioned with the first residential building and face one and the second residential building and multipurpose building in summary the proposed possibly loni affordable senior housing project will provide one hundred sixty four as a unit for seniors earning thirty fifty and sixty percent or less of the county's median income in the twenty seventeen us housing and urban development growth rents for these income levels between four hundred eighty four and one hundred sixty nine dollars a month very churches and the county bus route with existing pedestrian linkages all of which we hope will be a great convenience for the residents of the project the morning and morning tear device fellow members of the molly planning commission my name is brian model and i am here in my capacity as a member of the molly advisory board of catholic charities i am also the immediate past service to our friends immigrants plantation workers and the poor today catholic charities hawaii is a statewide nonprofit organization committed to serving all in need without regard to religion creed or background colin i mean is a one hundred sixty five unit affordable rental project for low income and very low income seniors couple of the lani will be catholic charities largest and most significant effort at addressing senior rental housing needs on a neighbor island residents of kabul and lanny will live in martin said housing that they can afford and they will have access to onsite social services provided by sandra key i come here this morning wearing a couple of hats one is i'm a member of a small we i'm also a founding member and the president  an association when you can i'm also a resident of how income and the senior citizen when my husband abraham a key died a few months ago i was left worrying about how i was going to continue paying my rent it took both our income to pay for and rent bills food gas etc i knew w his income and living on my social security alone i could not afford to live at home in macondo which was a big concern because i had nowhere to go and that meant that i could be a vict and become homeless again at any time because you see i was homeless many years ago but i think god for the roof i have over my head but not being able to afford it means that i could be homeless  are many widows living in hollywood conoco also struggle to pay for their rent we really don't have and are in need of affordable housing i mean of portable for me and these other riddles that what is out there on the market now a couple louis lunny project is an answer to prayers for those of us senior citizen whose income lies between the thirty sixty percent of the area of  income we have a shortage of rental and the couple real any project will bring one hundred sixty four truly affordable units for struggling seniors like me on maui i hope that you will approve this project thank you thank you question thank you very much anyone else wishing to testify thank you very much has made life a struggle once again you see i was homeless years ago and even then within my husband and i will work we just maybe i strongly  maui now he is organizations a nonprofit nonpartisan advocacy organization focusing on affordable housing water use on good paying jobs and also a healthy environment and a he economy i want to thank you very much for your service this morning when i thank the commissioners who are all volunteers want to thank the staff and done a great job of presenting to you and also the very professional presentation by the consultants very educational very much appreciated and very much in support of the special management area use permit they requested for this project although you will hear much this morning about the value of the project the focus this morning is on approval of the f e m a and with your duties since i respectfully ask that you approve that request it goes without saying as we always say that the problem formal housing is not a problem it is a crisis if this were a wildfire burning in southern california you would have an idea of what the crisis is in affordable housing big increasing amount of homeless people for example and the terrible stories we hear about seniors and others who life has forced into the streets after working hard all their lives and being productive to bring members of this community it is unfortunate that we live in a society in which you have to age into what every citizen should have which is the right to affordable decent housing is like medicare you don't get the medical care until you live to sixty five now you don't get the housing until you live to be a c we need to approve this project you should have prove it with joy in your heart for what you're able to do in the service you're able to provide and to remember outside of this room and all of us have jobs all of us are paying our rent our mortgages we're very blessed outside of this room there is a wild fire blazing which we cannot put out with big balls and good intentions this is a great step or it is a small step but a necessary step and again i respectfully urge you  to prove the application so this project can go forward and i thank the professional presentation by the staff your work and also by all the consultants thank you very much and again thank you most gratefully for your service a why airfoil as i have nothing against a project what i do have is a professionalism that is behind me that continue to bring forward projects that do not clearly state that there are other people in these areas profession but i'm very pleased and grateful to be on the advisory board that has been helping to work with the consultants and the team to push a project like this forward it's really exciting  team that is doing this project from a lot to working with the catholic charities is extremely talented and capable of building projects they've done so on a lot of money they have multiple projects they've done that are really worthy  and the elements of a corporate into the project make it something that's worthy to be proud of i just wanted to mention there's a couple elements of the project itself the design elements and construction elements that i think are worthy of noting the parking onsite parking that they are proposing to do is really neat to see that they're doing the taking then of doing grass parking that's allowable by law i think that's very important especially given the proximity to the ocean in the cali harbor and this area which also ties into the community gardens there's a lot if you look at the landscape in planning the site plan you'll see there are there's a lot of green space on this planet if you look at what's allowable in terms of the development potential of the site the architect did a really neat job of there saying well below the allowable development standards in the area or area ratios the height for example is only fifty eight percent of the maximum that's permitted they were sensitive to the area and it seems to be that they did a good job of understanding the sustainability elements as well incorporat photovoltaics i do really like the community gardens and the grass park in the green that's there i think that's something that's important we need to be pushing for again in protection of storm water runoff and be in the in c s m a something that's important  to look at so i think they did a nice job with that and thank you for the opportunity to be here and for the here in this project today in the team will be able to i'm sure answering the questions you have  y just because i've heard you testify on this before is the improvements that the applicants going to be doing to and school street testify in this before you feel as though that would have been the perfect opportunity for the county to come in and do offsite in that particular instance i mean i get that you know the applicants going to be doing that but i think this would be one of those instances where we have an affordable project where the county could have stepped up and done the offsite on those two particular yes an interesting question it is what is amazing is that the team all the improvements that they are doing and the asking for that they maybe could have asked for what you're talking about the total cost of this project doing the roadway improvements and dedicating the road to the county not only doing the robot they're doing a nice road with landscaping incorporated into it curbs gutters sidewalk it's nice to have that but the same time i think the team did a great job again of being very sensitive to the amount of improvements are doing to make it financially viable i do think in the future i hope this isn't the one and very they're much more capable of doing it but i will note that i'm glad that was given if you look at the total parking that would be required for this area if it's two hundred if there's one hundred and sixty four units in providing to solve per unit that would be pretty outrageous and it would involve a lot of asphalt and impervious area and in this site and you would be able to have the community gardens for example as well as the large s back from the landscape offering that we have on the appropriate areas so the parking reduction i think was a creative ways the planning the farm work with them to come up with as well as the grass parking but they also given that this is going to be for single units senior housing i think it's an appropriate reduction to get if this was going to be for a different type of a project maybe multiple units to three bedroom type of farming units where there would might be more cars per unit maybe you would have to look at that but given that this is for strictly a senior housing the proximity of the desk green plans that they take into consideration the props and they're they're very close to the food land the shopping center the bus route permit application as it is being presented before you for a proposed along affordable for new housing project i believe that there is general consensus among those who here some of whom you heard testified this morning that as a community who she was able to adequately meet are holding the man on maui and anything that we can do to enhance the availability of subsidized housing five point four percent increase and seventeen percent of all euros and fall into this category the fate of the the state department of this is an economic development tourism in a splendid fifteen housing demand report indicates that molly county will need to produce thirteen thousand nine hundred forty nine affordable housing units like twenty twenty five to keep up with demand leslie according to of housing credits to include development of rental units this will publish greatly your prove all of our application this project one step closer to reducing potential  wishing to testify on this agenda i can come forward democracy every time i come here i get educated and i hear the testimonies of the people that come here and i just came today to listen but i am too with  brother who came up here we have a concern it is a concern of our people the desecration of land and but we i want to give food for thought this is a good project i came to learn about it our computers are in need of this affordable housing even though you s and that you go through the process and you contact people so that you can  to make it right to make it livable because yes we are in need of all of this i too have graves in my yard that i have to tend to but it's a process so it's food for thought that we need to do it and the sand mining there's a lot of history that we need to just walk carefully and i think if we do it properly and show  people that we're dedicated into my lamarr ancestors who once was arrested there i think we'll be ok i think we'll be ok so just the food for thought for all of you this is you know many seniors in this income target level have don't don't have cars although we know that some of them do so the project provides more than one to one party suffer per unit it does and i just was wondering also about visitor parking is that also included in the reduction it is what's considered there's also parking parking was calculated and accounted for where the multi purpose built as well as  that property so that will also require improvements some of that will be funded by the county because it is county line and so you're going to see a lot of action on the valve and it will my room close to the shopping center although is surrounded by looking at the plan itself is it possible to have those buildings on the corner  within in row so that the bus would be actually away from the track itself and give the residents time to get in and out of the bus so if you look at me for the corner is if you vehicle or circulation what made most sense in terms of parking efficiency and the second part about that is addressing stormwater ok so that the corner of the thing is actually the lower the low point of the project and storm water is the storm water detention system is actually we need the community garden so that green area made perfect sense in terms of engineering capacity to help fulfill that i don't know if there's any data of the displacement from the current water rainfall catchment compared to what you're displacing and then on how much water use is i concerned with the water and my concern is in the flooding because floods are going to fly just like key home my concern is a senior citizens in an area that needs to be in back to it that i saw in houston and by having have the sightlines of where this building is sitting from what the street level is you know so i mean it might all be in it and you guys all might be fine but from the information that i have i don't know if that sort of the property is actually identif quantities the project the project will be increasing the stormwater fall by about six point three eight and that equates to about twelve thousand cubic foot of stories we're going to be providing provided after the projects over long term obviously the social economic impact is going to be providing the housing unit for our senior housing and then it says in short term the project will generate construction phase economic impact and so that employment income and expenditure impacts that are created by on an offsite construction employment and manufacturing employment and support of the construction so that the short term would be the construction job is there anything in place to just through the with the project management team for your question i'm not quite sure but as far as the question workers with benefits they're all going to be union workers so i'm again i'm not part of that but i'm sure they're all going to be you know have their full there is a there's a new one produce warehousing facility on the corner and well there's another one that's being built right now that's going to also be with a big trucks and heavy trucks if you guys decipher between any type of vehicle or just any vehicle for that we you know we do assume an ambient growth rate so in the area we we included a grow familiar with this area because with the trucks all michael point to wake up early then away to some fifteen or eight o'clock to site doing something the crack of dawn and you know walking the mom and doing things and my concern is is we have to crosswalks right now what i'm one on each side of the driveway in and out of comando and it's kind of you know this project is good my concern is i want to make sure that it's safe for the couple enough and have you guys look maybe having some type of is there has there been a stoplight looked at for the safety of the crosswalk has there been a just a lighted you know are reflective crosswalk where they rested in the crosswalk would light up as they're crossing the street to help up the safety of that because again there's a lot of trucks coming at a different speed kind of with the with the proliferation of traffic on what everything's been pushed to the side we have now that yellow going into kind of a red light you know coming off of command and so my concern is as we grow in a few years from the traffic is going to be even larger besides the normal growth rate that you guys have there so you have any studies of what it would take for a stoplight or for a crosswalk like deity has not given us any comment i know they have some plans to do some complete street in that area but the they don't have it in their grand plan but public works i think can address some of the county roadways a little bit better  you know given the growth rate and existing conditions there is however there are however opportunities to create a more safer intersection there and that could be done through just  type of it hands lighting is also a big issue in this area as well so what we're currently looking at at public works is improving the lighting with existing street lights there so there are opportunities to create a safer in a section without having to do a traffic signal at over there mr ross and i think you're probably right i was thinking you know muscle thinking as far actually want to do with the crosswalk or is that exempt from it we would have to abide by the lighting standards for the area you're correct in that but there are different treatments that can be done in the area that could possibly i guess my question is you know if we're looking at the walkability of this project which is phenomenal but if they're going to be effective put it's going to be crossing conning over to e project to have to put in lights but i think that what commissioner robinson brings up is very valid i think that we need to have some sort of lighted crosswalk blinky lights whatever it might be on cars for them to go back and  be assured that the archaeological monitoring plan can be implemented in here to during this  put under the heading archaeological historical and cultural resources it does reference the updated the archaeological monitor plans and time you know that's necessary to do technology changes as well from different types of archeological monitoring so the plan was updated and submitted to sh p d after they had said we would like to see an updated plan they updated it he's admitted it and s h p has accepted the plan as of such so on my recommendation i believe there are several conditions that reference that one that developed number one team that development of the site shall proceed subject to the approved archaeological monitoring plan as accepted as complete by dealin r s h p t v other letter dated november thirtieth twenty seventeen number ten says that dion r s h p d will be notified at the onset and at the work shall cease in the immediate vicinity of the find the finds will be protected from additional disturbance and that they will contact dealing r s h p immediately so be the beginning of the end of the project and as you're saying during so there will be monitoring yes yes there will be monitoring during construction of the problem as any other questions including you know having a pre construction briefing prior to any construction activities these are things that as each p d has put into place and that's between the applicant and the they provide us with the comments but they're i mean they have their rules that they need to enforce is well so if we hear about any issues then we notify s h p and s h p needs to take action  so i think the conditions that the the staff had provided in the in your report and i hope those are clear because i mean it is the just the projects going to be funded with government money and some small equity from the nonprofit itself so it is going to be funded with government money you have to comply with certain government regulations right that includes evacuation plans briefly briefly address it also because in a was done prior to this the staff is moving towards being with less paper for you guys i know previously at  mission had discussed having i pads and everything electronic when you say that you know mr robinson a mention of there was no traffic reporter there was no drainage report the links are provided after my analysis so i go into the drainage and then i see a say if you'd like to see further detail it's listed at the only q c website and here's the complete drainage of court as well as the traffic report and we're going to be moving towards that in an effort to not include one hundred page document times however many people so just so you know if the da has been done previously on this project and you guys were not the approving agency or even if you were and you've seen it before there's no reason for us to reprint it so we include a link to it on line where it's in its entirety and that no i can move to the recommendation and i would like to strike one of the conditions because there are repeat numbers four and number eight say the same thing so i'd like to strike number eight and just leave in number four they both just state that to the satisfaction of the commission or the department the applicant will develop the property in substantial compliance that's a standard condition on all of our projects obviously that they will build what they presented here but i also put it under the project the civic so there's really no need to have that twice on that note in consideration of the foregoing the planning department recommend that the planning commission adopt the planning department report recommendation prepared for the january ninth twenty team meeting as its findings of fact inclusions of law decision in order and authorize the director of planning to transmit that decision in order on behalf of the planning commission the fact that we've got the fifty year flood one hour retention on site that covers that so i just anyway in support of the motion great project thank you very much catholic charities and everyone who supported this and everybody  i'm still concerned about the crosswalk not that i want to stop this project i don't know i don't want to condition the applicant for making sure that the crosswalk is safe but it's their tenants who lent is right across the street senior senior living they don't go to costco they don't buy two weeks worth the buy a one or two days where i think it i mean this this is the reality of it and it's and it's and really i see the trucks i go back and forth my trucks my my other companies trucks and it's a concern i mean we've got one hundred fifty people you know so maybe at least seventy five to eighty is going to be there we also have the church that's across the street with their services department and maybe come up with some recommendations for this area and perhaps a pilot project for the future and again not to pinpoint it on the application but it's a it's a good opportunity for the county to council members about this actually to see if we can you know or go to housing human concerns maybe to carol's or buddy and see if we can use were poor thousand funds to actually do the off site that mission  and all i can say is i wish we had a dozen other sites like this build more recently an opportunity to talk to the council or make comments to the council anyway on a on another  project you know we are in dire need of affordable housing in particular the needs of the different generations or different look around the room you know some of us are we're going to have to seriously take stock of our land use policies in order to provide for this generation with thank you again the motion is to prove as recommended by item i do apologize for send you one hundred fifty three pages for your packet but i'll try to break it down quickly and start with an overview of the planning director's memo dated today you might wan reference if you have it handy so the director mentioned the council adopted resolution seventeen dash one forty and that was on october sixth twenty seventeen so your read today at the request of council to review a proposed bill and provide commentary back to the council done on the floor we don't have the benefit of a commuter report that will sometimes provide background to propose legislation but if you had a chance to browse through the meeting minutes the pages that we referenced in our report  you can see the general background and impetus for this legislation it stemmed from maui lani sandy issue which is resulted in various legislative proposals throughout the last year over twenty fourth twenty seventeen we requested comments on the proposal from various agencies as noted in the memo we did receive comments from the department of public works owning a ministry shouldn't force the division of the planning department in a mouse county cultural resources commission we also received commentary from the department corporation council which was emailed to separately the  preservation division declined to comment that we haven't yet heard from the office in the line of tears although they indicated that they did want to provide comments at some point and we haven't heard back from the natural resources conservation service of the united states department of agriculture so far as the department's recommendation we do suggest that you carefully consider the comments that we've received and i'll go over those momentarily we do have a couple of points of constructive criticism in the style or formatting of the bill the bill subsidy substantive effect is not accurately characterized as merely clarifying the definition of resource extract s n rather than establishes a new definition of resource extraction and processing and we'll take a look at that when we get into the actual we know that this proposed definition includes several new element that could be considered to be of substance or regulatory in nature and are principles in the way legislative drafting manual definition should not contain provisions of  law provisions that operate require that certain actions and some of the language you see in the definition might be more appropriately placed within chapters of title eighteen that actually describe committee uses special county code including the conference its own ordinance we do have some lengthy sometimes convoluted definitions that ideally definitions are supposed to be clear and concise and not get into regulatory content so today the commission has four basic options number one you can advise the council to pass a bill drafted number two you can advise the council to pass a bill with amendments number three you could advise the council to not pass a bill or to file the bill and number four you could defer decision to gather more information although i would again point to the february tenth deadline and you can it is interesting to see how long it took to get so again it's attached resolution seventeen dash one forty title but there are no dents amending title nineteen now you can decode relating to resource extraction or processing section one is the purpose clause which we already discussed in the memo section to you is the revised definition in section one thousand point zero four point zero four zero of the mallet county code so if you look at that first paragraph in the quoted part of section two of the bill and you don't take into account the underlining which is new wording or the bracketing which is text is proposed to be deleted you can see what the current definition of resource extract is and that's resource extraction means activities engaged in the exploration mining and processing of natural causes of rock gravel sand and topsoil and that term resource extraction is currently referenced in chapter nineteen point zero seven relating to open space districts where resource extraction is identified as committed use and chapter nineteen point thirty eight agricultural zone a district where resources it's resource extraction is identified especially so we have a new proposed definition which now would be not just resource extraction but resource directly related to preparation of the land for construction number to process in preparation cleaning or other treatment of minerals orders or other solid matter including rock gravel sand and topsoil in excess of one hundred thousand cubic yards for a duration of more than eighteen months to make such material suitable for commercial industrial construction use in three masses of land subject to the federal min safety and health act and then a citation to that statute in the united states code so that's really the heart of the bill proposed new definition and then you go into  defining that term and then place term in four different chapters for different sunni districts within the maui county code two relating to industrial districts one for open space and one for agriculture is towards the end of your packet for this item it's page one forty eight  in the director's memo here for comment he notes under this definition it seems that you can extract any amount of sand rock that was even greater than one hundred thousand cubic yards if it is related to the preparation of the land for onsite construction so in theory a place like mary landrieu face nine for example could still process and experts say mandated if it is tied to the subdivision related radical and small use even commercial and industrial uses could be better defined finally the director of public works state and his fourth the department of public works should discuss with the planning department which grading permits should be routed to planning for its review and approval to enforce resource extraction process and how the grading permit application may have to be amended in order to enforce any title nineteen revision email mediated never seventeen he started by saying it might be clear there were two definitions one for resource extraction and one for resource processing they are very different activities he suggests a leading quote from the he suggested better language for this type of exception already exists in section twenty point zero eight point zero three one of the mallet county code comment number one consider adding language to clarify that the regulations pertain to terrestrial resources as opposed to marine or other types of natural resources quantity provision of one hundred thousand cubic yards is problematic three review by the state and start preservation division pursuant to chapter six of the white revised statute and finally agency comment from the corporation counsel this is from deputy in title nineteen term development main compass a broader spectrum of land disturbing activity construction and finally she recommends amending the phrase uses of land subject to the federal mine safety and health act works corporation council everybody made comments that's what we're asked to do here is well we're not asked to rewrite the bill or make comments on the other comments but just come up with our own comments for the council to almost any form you would like and you can address the comments from other body you can disregard those you can propose amendments with specific language you can provide general commentary  saying we will close public testimony and we'll take the questions and recommendations from the commissioners extraction and or processing i think that there is a comment in there somewhere is is there a need to separate out those two definitions i mean is it necessary is sort of my  and if it is i mean does it matter i mean but it just sort of jumped out at me you're going to seem to be two different things and we need to treat them differently i can name any number of instances where the quarry over by the landfill extracting the rock is much different than crushing it and sizing it and filing screening it i'm not saying anything positive or minus negative about it i'm just making the observation extracting that sand from the dunes very different from processing it and doing whatever they're of our recommendations we are this required for all the commissioners when we are and a resolution like this we have one hundred twenty days or any resolution in the council regarding changes to ours owning we have one hundred twenty days to turn it around that means taking it to the different agencies to all three planning this was not discussed in committee therefore we don't have the benefit of the normally a committee report that would explain a little bit more of what they were thinking why they were thinking it it was done  council meeting and they waive the committee review and send it directly to us this is that they felt it was important enough to get this in a more do we know where the largely came from for a hundred thousand yard i don't have any direct information on that because i just that's that's a large quantity and it's more than you see in most construction development you know it's more than one of my recommendations would be to possibly go back and base it on a quantity of some amount maybe less the process will there be more information required for the grading from an application director please so the proposed bill in front of you is with respect to title nineteen  not with respect to grading as my director has mentioned in his e mail it's something that we would need to discuss with planning i don't think the language in here right now  making a decision on this based upon the fact that the only information that i basically have is what was given to us and what i was read in the paper and the way it came about as i understand it was there was a n injunction on the sand that was being extracted from our lani and sent to honolulu and apparently the amount of sand that was taken out was quite large and these people were not respecting the archaeological burial sites of that particular area as well and soul it came about that the council the question comes in now is i understanding is the definition of extraction versus processing and right now i don't even know how much sense we're talking about and to make a determination to say yes we we should put a moratorium or what i think there should be a deeper study on what is happening with the sand as it is on maui now and where is it going and how are we being affected whether it's ideas from now ten years from now because it's been happening as i understand it for quite some time with the local concrete company extracting sand and processing and so and so i feel very the biggest one is the is what we consider mining what we consider extraction and a hundred thousand and thirty seven hundred truckloads so three going anyway back in the planning commission they were talking about this before with the sand extract and it went from on the line so this isn't a new thing it's great that we finally have somebody inside the council that as you know that is trying to address it because this has been an ongoing problem and