at this time we're going to open a full public testimony anyone we should testify at this moment may testify if you can stay for the agenda item comes up or you can wait so you can do only one or the other we have a list right past three years i have been working on the into submission of the seventy fifth anniversary of the bombing of pearl harbor and it was basically show the importance that maui played as a role during the war  they were the navy attacking from the center the army was being led by general loggers macarthur island hopping up from australia both headed to the philippines division assembled at camp pendleton the first group of men to go straight from training  same and putting that into perspective there were twenty thousand soldiers that landed for the most part these are fifteen to eighteen year old boys most of them leaving home for the very first time going off in the most cases they fought on an  adventure when they got their corps and they found themselves fighting a war that nobody else basically had to fight simply because of the enemy japanese out of resolve that nobody else had ever seen before that being the fact that there was no surrender so they were engaged months that were pretty horrific after each one of those engagements coming back to maui was a place of we provisioning themselves their companies as the casualties work stream they basically now had to get men from was a big change here that mally is where all of those boys were actually whipped into shape so to speak jungle training that experienced here up at haiku and you these kids coming out of kansas never seen a jungle before so when they were presented with that and the training that went on up there was the first time that they had experience that the just all training that went on here saying thing is most of these kids from middle america never even been to an ocean before many have never even been on a plane you have three minutes thank you ok my niece danielle pulled start carpenter work for local six six five she lives next door to the zip line and closest person to the zip line literally maybe three hundred thirty feet to the tower my house is pear my property parallels the zip line and i'm literally an ampitheater to the uncontrollable screaming that goes on twenty four seven and it's completely frazzled my wife and i some days i'm good some days she's good they have a bungee drop that when they drop from the bungee they scream uncontrollably i've tried to get those zip line guides people tone it down over there tell them that we're living here living in a place where people have lived in farm for thirty five years i've lived there for thirty five years facebook where they're saying my voice is so course that i am screaming uncontrollably for three hours lost my voice on a horse and these are testimonies right off the blogs that they have written about their experience or now they're making millions of dollars over there every day while my property values going down i have a long term rental that i rent periodic lee i leave to go to canada  and when i rent out things people now are asking me what's it like to you know and i'm having people turn down because of the screaming because it's just chaos over there and they led to that zip line it takes you through all the shortcuts through highly miley and you come down to code zip line not come up so all the traffic so that was flawed that thing i had a car get total out they have a decibel thing out there that they're going to testify that those mobile above the decibels but the uncontrollable screaming happens at times you don't know when there's times when the kids are out of school and little kids are screaming high pitched the screams are so it sounds like something is being murdered sometimes it sounds like wild sex sometimes it sounds like whatever you know like we don't know what's going on over there and sometimes i personally to because i consider chris hughes here today they're both my friends i love these guys this is not of and i talk to them personally over and over and over i asked them to and like i said it's uncontrollable they cannot help themselves if you wrote something and said don't scream you cannot not scream when you drop sixty feet straight down you're going to scream you know it's not there's no way to st records music and imagine trying to record music during these uncontrollable dances screaming i just wanted to read a couple of the quotes that i got on the here's one around pictures on my computer not so good memories there's another one that says who put by mr rider not much of a voice from him voluntarily screaming just about every watch thank you so much turquoise my first adventure living in paradise and i'm so happy these guys are having a great time out here i don't like to be a person who says i don't want it in my backyard that's not who i am but it's put us in a really uncomfortable position as as far i wanted to grow i like hearing the history i think that's all really interesting but it doesn't change our personal experience by the end of the day you know the first scream in the day it's like oh i can do this and by the end of the day we're just so frazzled and at times annie and i take turns sometimes we get so fragile that those scream we like the top of our lungs and here this is our life in our living room our house runs on a little and so it's in every single room in our house every single room has been described it is rowdy screaming yelling cursing and i'd like to develop maybe the back to acres of my several military vehicles on his property qualifies as a historical presence the gentleman from the museum never neglected to mention in its entirety the forty acre  division marine memorial park on kamel road in the immediate neighborhood that it was set aside and built as a historical monument and it is there for public use recreational use else and we just woke up and there's a supply and it's up to us to now remove it it simply does not belong in this quiet country setting and it as you will hear beyond me it is so disruptive and disturbing to everyone who lives within range so we ask that you really take a look at mr white's intent  the need the public needs and value of his military vehicles parked on his property and under no circumstances historical or otherwise should very many homes up there and we've certainly seen the changes over forty five years which are expected it's not expected to see an agricultural exultant area granted a special permit to put a zip line up and i'm really confused i think as to how that happened without any of the neighbors being included in that decision to give them a special use permit or did they put up the zip line before they had the special use permit i'm not sure but in either case none of the neighbors were included in that initial the belle of wine and yes i think historically it's a special area museums don't belong on two acres of agricultur easily and and there are museums for there we do have the park giggle here we have those things to memorialize those people who did serve and they deserve it but it's not on two acres next to my log i'm adjacent to danny so i'm one up for me and the noise is loud and it is persistent in the beginning there were too many people so it was doable in my opinion and it's changed a lot in the last year and the increase in population they now have a truck outside which people come to eat who aren't even going on the zip line i walk down the other day just like i get a feel of it and it really is in an appropriate area so i hope you consider that because i think a lot of the neighbors are very unhappy with it fred hi my name's fred boresome i'm not really good at public speaking so kind of bear with me on this most everybody here is said pretty much what i have what i feel about it we live roads forty four years we also seen a lot of change this is this zip line is something that we thought was all agreed upon by the by the county and everything and we found out  you know i also understand that he's had zip lines in the past that have been less than up front i would also like to know what  can have that this won't happen again and i also have not been approached as a neighbor by this by mr hoyer i think that would have been a nice way to do it  neighborly they come and see us before all this stuff you know came i also understand there's eighty foot power plants for this what are the other plans nobody wants to disneyland  leader anyway that's all i have to say thank you so much good morning chair chair members my name is matching the sheet and i am probably the next closest neighbor besides dan who spoke earlier i am here because i know nothing about the plans i knew nothing about th was going to in the first place but i can verify what everybody said about the screaming the noise the traffic it's all true i'm just wondering how i as the closest neighbor besides dan can get the guarantee that things don't get out of control in the future if we say ok we're going to allow this to happen because number one years ago when i made the decision to my house i had to prove my ag property i had to fill receipts from my sales and everything like that i still continue to sell products and i did things the right way and i look next door and have a big commercial property going and i would like to do that it would be nice to make that kind of money but i want the right way the legal way and i'm doing things the legal way i still don't know anything about this i've learned more from these guys than than in this war or any kind of people  friday i don't notice it on sundays but i'm a county firefighter so i'm not home every day but i do notice that every day that i'm home all of these christmas new year's thanksgiving i don't recall holidays but weekdays guaranteed the pressures sundays that do not believe i don't i don't hear it luckily for me but with my schedule the firefighter every day is kind of like my sunday if i'm off resigned six years ago when i came home from a day at the beach to discover that heavy earth moving equipment working on the hillside opposite my home little side had already been neutered beyond the commonplace for him public records indicate multiple similar trespasses in the pacific northwest including unpermitted member removal from a national park forest that resulted in substantial fines ninety thousand dollars and other times that he didn't have permits and got put in given a month long jail term that he spent five days before he took down his line and several other signs mr white then seeks to subvert the sperm meeting process that he chooses to ignore through transparent scheme of declaring is imply an operation of historical significance if further seeks to distort the true nature of this activity by referring it to documents for a hearing as a challenge course rather than zip line that is so identified by his own road sign or short supply the years since inception have plagued me and my home with constant nuisance noise and loss of personal privacy i think i've lost about ten thousand hours sleep i've been doctors hundreds of times i suffer from p t s d and anxiety disorder i've had to be medicated i don't like that  truth seekers look down upon my home from a zip line platform high in a eucalyptus tree i've even seen it on the internet people take pictures of me and my property subjecting me and my neighbors to yelling cursing screaming and otherwise it so they get a rise out of the terrorists and they yell and scream and mostly do it the women tourists also this was not supposed to be built this is what i see from my desk these pictures are all from my not even the closest deck to my living room my bed like i say i can just say hi even seen my wife get out of bed with binoculars and wave to her naked this is example of how he this is a boundary property this was cleared over fifty feet down on my property this is his property this is my property when i came back from the day the beach with my boys and surfing i walked up to the top of the hill and i saw mr point and his excavator had just finished and i noticed because looking across my belly i saw big brown areas where i used to have trees forty foot high trees it would have obscured the deployment but he took them down and he these trees here are thirty feet and on my property he had cables down submitted this to the committee with regard to his historical significance attached to decline operation there were twenty thousand marines stationed sixteen hundred acres in this immediate area of world war two the presence has been expansively moralize by the fourth marine division memorial park forty  rule commissions on the she hears police reports in a police report to me there's county reports for county reports on me your daughter thank you hold on please historic nature of eerie absolutely and another question he has place commissioner robbers in greece take a breath we're not against you we're boulders built this new zip line platform and ladder thirty feet higher it wasn't supposed to sir my question is if you made a report is there any such report was there any fines were what happened when you reported to the to the police or to the county absolutely nothing you people moves slower than a snail i'm sorry  good morning thank you for the opportunity my name is sharon freighters i do not live close by i live an eighteen color here place to hawaii i found the time our reno i live on sixty four head of breeding cows into wolves before their accord purchased their property and bury corrie purchase a property he came up with a subdivision plan he wanted the a museum no any questions mary project in order to retain rehabilitate and improve the historic site with accessory guided tours including a challenge course museum zip line and on site parking and seventeen point five one nine acres in the county intervenors withdrawal of that petition to intervene with the record should reflect that the petition to intervene has been withdrawn so no action is needed for the commission to take on the petition as it has  because state code is a little broad and general and basically this could be approved on a state supposed to use permit in regards to reasonable unusual and reasonable uses in the ag district but the county code is a little more strict and is requiring  especially at the time my report was written we were not aware of the intent ever opposition to the project the department did help one individual come in and ask  deputy public works directors here as well the point structures as we understand them do not require building permit there may be other structures on the property that would require building permits that we may not be aware of but  towers and those types of things do not require building permits and the public works department can clarify that turn discussion if you'd like secondly the use is permitted out right in the state agricultural district the state special use permit is not needed for this activity because the state agricultural district in terms of recreational uses is more pernicious than the county so what's before you today is a county special use permit that's needed in the in the county agricultural  district and lastly there is still a proceeding pending with the board of variances in appeal because there or else standing violations for this operation pending with the board of variances in appeals if th happen cation were to be approved today that would cure the zoning violation component and the zoning violation component only if the application is not approved then that use violation would continue to exist and then the board of variances in appeals would have to pick up the an appeal of the violations that we had issued so i'm happy to answer questions on that now or later if you but just to i wanted to clarify the status of the proceeding with the t v on because there are outstanding violations on the property that the applicant has appealed and you never take any questions from the commissioners works could respond to that for if there is any grading that needs to be done in the property a grading permit will still be required but i don't i'm not aware of any grading permits that were applied for at this point as far as the building permit requirements this is a question that was asked many years ago when suppliant started becoming popular on island and we do have staff that travels to la who and meet with the building code council so there are division has and supervisors from the counties who meet regularly to talk about building code requirements and the issue of zip lines come up  and at this point you know we don't have it in our code i think lines are not regulated under our building codes but again you know this is just for the community now this is something important that needs to be addressed in future revisions of the building code i think maybe that's something that can be talked about and discussed at that time but currently our building doesn't have doesn't thank you late any  however as deputy director mclean had mentioned earlier if there are other structures on the property that require a building permit and those structures need to be permitted coal but not a violation they don't have a permit for this any tower yet there is a square footage requirement for structures like as far as playground equipment that is not regulated under a building code to share things that are in country twenty square feet or more poles if it's beyond one hundred twenty square feet and that would require a building permit if it connects to any plumbing or electricity regardless of the size that would also require a building permit but for something like a zip line tower i have not again it would kind of i think you might have to take a look at the structure and see how it's constructed to determine whether or not it would fall under the building codes for some zip line towers are really skinny and little bit tall and that would qualify but if it's something really big with  a kind of like a box or with stairs or something really huge then that's when you can contact our office our building permits office building plans or r hundred twenty but then again you know you might want to clarify it by saying plan and having our staff investigate a little bit if playground equipment isn't regulated at some point there is a decision made that certain things are not going to be subject to the building code and as i want to say these are relatively new operations and it may be that the building code does need to address them in the future because they are becoming more popular and there certainly is an important safety component to  recorded and we can't hear anything and people start talking from the audience thank you guys who shared that initially downy as such like to recommend for the building apartment to take a serious look at the building codes because the my suggestion is to have a letter i mean you can always ask and write a letter and ask questions and then we can formally respond so that's just a suggestion that i have highly restrictions yeah that's what i'm sorry that's another one that you may want to just ask because we have staff that yells of all those technical issues ok thank you direct i'm just reading something here and apparently this has to be research i think i think you would need to maybe ask this question as well as suggestion but there might be a i think there's a state department that would regulate it the same department that will regulate elevators and boilers i don't know but you might want to ask that question as well as who at the state r we were hired by the applicant to complete the special use permit application that is before you today and with me today i have members of our consulting team here to help thing just to reiterate the primary use of the property as a store preservation as has been discussed in some of the testimony so far the property is part of what was called half acres so it's actually roughly half the size of the existing team which is outlined in yellow and so anyway this is the historic runs east west and then turned north south foreground so you have to imagine this is actually turned completely upside down looking south on the property if you remember who was actually north property and s they have become known for major battles during world war two during a more than any and evil jima although the fourth marine division never numbered more than twenty four thousand at any one time a total of eighty one thousand marines assigned to it for combat action with a division one or more times during world war two between one hundred forty four and one hundred forty five the fighting for experienced a casualty rate of twenty one point six percent the highest casualty rate of any military division in the history of the united states in fact there were some infantry companies of the force which had more than eighty percent of their original members you know learned of this history is true you originally was planning to do a residential development but when you heard that history you thought the preservation of the site was more important and archaeological inventory survey was commissioned back in may of two thousand and seven and it shows actually an entire thirty six acre d m k that was surveyed as part of it for reference  structure i have a picture of the later in this presentation but i'll walk you through basically how the tour operates right now folks check in at the museum and get an orientation here  a military camp there's a little picnic area where people can wait when they check in or after t so you know we heard a lot of emotional testimony and i know the appertain may not have made a lot of friends in the neighborhood but what he's trying to do now is to preserve a piece of history seventeen and a half works and found that at times morning and afternoon traffic was always at a level of service level and so if you're familiar with what level of service the traffic engineers rated service and if you have other technical questions about that we're happy to bring tyler out to answer those apple can also commissioned sound study and took measurements over seven day period replying to or or the gas ever exceeded is allowable in the agricultural district in fact the loudest noise has tended to be the rustling of the trees and so we have the wrestling of the trees or know and these measurements were taken just last month so this is the peak period during the summer the study was done by geo adams and unfortunately they're not here today but we've left a copy of the report  lso if you have any questions about it he will have a copy now of the report and so it does show that none of the measurements over the seven day period exceeded  we've got some of your presentation a analysis and guaranteed it was up at camp now it's some point so it's an interesting connection as a speedy agreed there's a done in two thousand and seven which was accepted in january twenty seen recommendation was no further work as safe as h p v concurred with that assessment we came back to them and said well that's an important site how about if we preserve it and of course the ship was going to say absolutely  if you have any questions i'm happy to answer my i heard the audience talking about move to me etc like that if you have questions of that nature with his activities on the site affect this happen answer any of those and didn't find anything cultural as h p d said fine tell me what's on the surface and we'll go from there ok but you didn't do any research actually to sort the property by the marines at that time but we did the research was done during the guests and they discovered you know the concrete slabs and how many people were there you know the history of the area and activities are occurring on a day to day and i prefer it to the sixteen hundred acres just seven i just wanted to address a couple of questions that came up in the commissioner's regarding the v a proceedings and because i worked on those and also in relation to this piece between mr peter or nasser the operator of the that actually resulted in a lawsuit and that lawsuit settled as part of that settlement agreement mr peter or at least all is clear and that's why he withdrew a petition for intervention because the court ordered that recreation activities are supposed to be ancillary and accessory to agricultural activities right there on the coast secondly there are height requirements it doesn't specifically address the pines but there are quite different than what they showed the pictures they showed a view of the property is inaccurate it's not updated photo so there's a lot of laws in this packet too much for me to cover in three minutes but i'm the most i'm the closest to this problem anybody else in mr or because  permit an official document giving someone authorization to do something he does not have the authorized to build anything there doesn't have on or seems period the last i have is legal appointed or required by law yet nothing lance i got a couple questions for you but the first one is can you explain to me the ownership of this property in this three people there's he has at the bottom so we there is right of ways you know or so we hear from a lot of people with sold their interest fifty percent of that there are six acres to there quite quite showed up his brothers were squatting on it i had a police report called on him to use quite on the lower section of the property and so there was an finally moved on to the upper side everywhere on that hole but my property i have those same quanta not cement but i guess i get to start a site i can do everything they do if they're doing but the property is owned by three people right they have any intention of doing any agricultural work such as not not to my knowledge what the primary use on this property is historic preservation and that is tightly permitted under th county zoning for the ag district and so within the counties regulations for an agricultural district historic preservation cultural cultural historic landscape preservation of all of those things are permitted and the primary  so that's that's that's what the primary use for the property or further to that is according to your priorities your original ranching and then you went to  property so significant as compared to others one thousand whatever it is i don't think it's necessarily a measure of what would be more or less significant i think the fact is that the slabs exist at the site and  it's nice that the applicant decided to preserve it as part of what was here you know they could have easily taken out the flags as h p did not require them to preserve them but the application decided i don't know what you guys are doing up there it doesn't sound like it's anything correct i don't i'm not going to validate because i wasn't there when the fences were taken down or trees were cut but not some violations as a county document that's pretty simple if you're the manager which is in charge of safety which is in charge of neighbors which is in charge of employees and you don't know but a county north of a lesion or you've never read it for one thing if you go to mismanaged i can tell you that for sure and if you do read this notice of violation it says you need a special use permit and this is when the fourteen are you guys operating as of today yes so you are currently operating without a perm which is a notice of violation saying that you cannot so in other words you guys are taking a stance that you feel that you can continue to operate as you guys feel even though you have a notice ladder just so the applicant can reveal the photos as well permit you can do that there's two ways of getting there clearing or grading approval if it's an ag i believe you can go through an r c s and get a conservation plan and work with them on your clearing or the other option is to go through you know the building our public works departments from the colonies and denigrating permits from them  had been addressed with a comment from their counsel they have one of the counsel representing them all of the comments had been addressed and that they were waiting for final so that they could submit it to public or to continue with the subdivision or start the subdivision understand those those questions and those concerns they all relate to the disagreeing with the county that a county special use permit is required for this particular operation understanding is a violation or issue they repealed as respectfully disagree with the court in connection with that agreement everybody understood that a subdivision would ultimately need to be completed so that the seventeen and a half acre site stood alone as an independent parcel but that that process would take a complete both because of the concerns by the callers and some disagreement as to what was required as part of the subdivision so not to bore you with lawsuits that also was a lawsuit which also resulted in a settlement agreement which is why there's going to be a subdivision but there was disagreement as to whether there was an understanding that that would say and so rather than wait for that process to be everybody agreed that we should come before this body on the special use permit application and statements of no objection were submitted by counsel for the colors no objections to the application so that we could proceed with this while we finish the concerns are addressed the concerns of division so that everything could get permit it as quickly as possible in connection with that same agreement with the county was understood that the operations would continue  permanent this permit was process so that is i think hopefully some context response your concerns counsel you speak to the subdivision of the property my other question long as you don't interfere with the other individuals uses also add that as part of the settlement agreement with with mr kopp and his new nose it was understood that derek would occupier d n a s would occupy the seventeen and a half acres  exclusively they would have exclusive possession and occupation of the other roughly half of the original parcel size so in terms of his operation everyone agreed through that settlement that he would conduct his operation on only his property and that they wouldn't interfere with it and they wouldn't object to it when it came time to submit the s u p application as i say they submitted statements of no objection to the application with them fully understanding that ultimately the property is going to be s if you started them after the notice of violation yes so you went around with it first happened to see first hand knowledge that there was a disagreement agreement it was just told to you that way  so you guys had a disagreement it seems like you guys disagree with everybody until you have to follow the law and you seen that you agreed to the sheepy i think is a misstatement because that was your last resort and you also seen that the county give you permission to operate when that is not the fact is that county is saying that you risk being fined every single day you have a cease and desist is not an agreement to operate so i think you kind of mistiness some things as a council and just just to let you know it's understand question and i'm happy to have counsel for the county come up and discuss the agreement that we reached after those interviews were issued as i say i was engaged in response to the interviews or when they were issued looked at the county colors looked at the state law looked at the notice a violation i can't speak i'm only legal counsel i'm not there i'm just cal so i can't speak to whether we have a water meter on sized or you know mr wade is not here his son chris who is as he said is a day to day manager is here i have no knowledge of of that at all one way or the other so i think our perspective i can't tell you that because i don't know i do know that there were lawsuits that were filed and lawsuits that were settled and so to the extent that those were issues that were raised in the lawsuit they've been resolved between the parties the settlement the loss of position and supply an operation would not exp and wouldn't be expanded if that's incorrect mr or is free to file a motion of court to seek to enforce the settlement so you're not sure no no i believe that i'm correct i believe that it's not a violation of the settlement agreement i believe the lease expansion is part of the no i don't know thank you for commissioners understand the counsel for the county is in the audience if we need to ask him regarding this particular settlement structures i would like to say prior to getting his recommendation that at the time i wrote this report the department was not aware of the community opposition to this project as i mentioned previously we only had one person come in to the department and he basically five ten zero seven zero and it says criteria for permit so in your deliberations and in your decision making we would advise that you take a look at that and whatever way whichever way you  standard for a county special use permit are found in title eighteen of the maui county code section one thousand point five one zero point zero seven zero and this is in the recommendation modified for this particular region district with an approved special use permit the proposed use will not adversely effect or interfere with public or private schools parks playgrounds water systems sewage and solid waste disposal drainage would weigh in transportation systems or other public requirements conveniences an improvement the proposed use will not adversely impact the social cultural economic environmental and ecological character and quality of the area the public shall be protected from the deleterious effects of the proposed use the need for public service demands created by the problems you shall be fulfilled and the purchase is located in the state agricultural district and is a permitted use in the state agricultural district and is considered an neighborhood in that particular area specifically noise which creates a major problem for people around that living in  production the applicant has testified that they have no agricultural operation in place on the on the property and that the primary activity is a supply and operation which is not an agricultural activity they have also demonstrated that the supplying crosses the historic roadway we've heard testimony from individuals that said that the zip line was operated and safely and that the suspended weight of the passengers chained to within five feet of the ground crossing the roadway that is open and the ladder there's a plan at any one time and we've been presented evidence in terms of photographs that demonstrates more than one person on the ladder at one point in time  social cultural and environmental character of the neighborhood and they encouraged because the staff wants to have  encouraged us to scream in fear of their lives when sending a letter to the platform and they've also testified that there is no way they can control the screaming that occurs when depend on the operators expertise and safety to ensure that their experience is safe and i think the operator in this case has demonstrated a negligent attitude in terms of that safety and i think it exposes the county to liability in the event we approve something like this somebody goes down there's a blind get struck by a bronco and die we've already had two people killed on supplies on this island one of which was a staff member and i also feel that it's illiterate to the polls uses of agricultural uses in the area they've already demonstrated that their activity has caused their neighboring tenant incumbent's cattle to die as a result of their activities which is contrary to agricultural uses and they've demonstrated a willful disregard for consideration of their neighbors as well as operation since two thousand and nine contrary to an order to cease and desist by two thousand and thirty and they basically allowed t attorney to represent them before the county but didn't taking appropriate steps to cease and desist their operation until they secure a proper and i don't think that should be rewarded with seemed like it was more at the pages to have the zip line situated in such a way that it became more recreational then education and i think that's important and i concur with the commissioner h it that the applicants reputation does not seem like they are co operative in trying to get the community together in trying to present a project it was just blatant in their  said with the testimony of the manager of the property he didn't seem to have a grasp of what was going on with the people climb in with lots of violations with safety issues i believe the platform that we yourself when you're only for profit when you view your neighbors as nuisances instead of people that you can relate to power with and enjoy a property this is what's going to happen in a lot of people get special use permits here a lot of people but they do it in a different way they meet with the neighbors they try to understand the neighbors and they try to work things out they don't cut down their fences they don't make it so miserable that that it affects them physically and let's hope that if there is a permitted use here it's permitted use with the neighbors and it's correct and that we make people in my we actually found all of our county charter and our laws because that's what it's all about it's about people following the rules and people get along it's not about anarchy and i'm going to do it because i have more money and i'm just going to try and find laws to primary way that you do that is by controlling what happened last in this particular case the grading without a permit i believe contributes to environmental de and i just wanted to clarify the department our department role in the comment that when our department commented on this project it was just a review of what was existing in terms of permit stat we weren't asked to do a formal  inspection on the property or to look into any alleged violations of grading or building election or on me so i just wanted to make that clear it was just to ask what is existing on the i mean existing on the property in terms of what is permitted and what was allowed through our department motion carries application denied and to the audience members thanks for trusting us making the r communication from ms colleen to young the senior associate of monaco hiragana on behalf of in her west submitting the twenty sixteen annual report to the many planning commission on the first one of funds in the settlement agreement with the west now we preservation association on the special management area use provided step to plan well in approval for the proposed two new car resort north beach park and related improvements at t m k four for fourteen parcel six and parcel eight and report as cantors this is an annual report that we submit to the commission as a condition of the assembly permit right now out of the disbursement of funds that were originally part of the assume a permit in two thousand and five there's only highway during the study what happened is that the alignment slightly shift because of other factors and they renamed it from elstree to coors street and that was reviewed and approved by that change was approved by the planning commission as a today there is only about one hundred sixty three thousand dollars then over four hundred sixty three thousand dollars left in that sund understanding is our office did the environmental assessment that portion of the project is complete my understanding is the engineering firm is working with the developer of interest as well as a kind of a management company and the department of public works to see about doing the design and construction of a portion of the roadway but that is still in the design phase it hasn't reached it's kind of holy for the extension of the line a bypass roadway the department of transportation came back to the developer and said well for the north side  the bypass they needed to do some archaeological studies so they wanted to use the monies for the two hundred fifty thousand dollars to do the archaeological study that has since been completed and there's a remainder of our wrong thirty you know how much of that three million dollars has been allocated to merely benefit if so what is it called we have no knowledge and i know the commission commissions in the past had requested to before the commission to address how the money's been spent and what community projects in any community benefit has been they've never to my knowledge address the commission's requests control over to the beginning of french that's almost an hour of five miles of road i barely because the i pad and i know the state is just beginning to look unfortunately that a question needs to be addressed to them and they have control fully of the funds that they receive and it could be considered a community benefit but it's up to one person the board of directors to make that decision next item is acceptance of the action minutes of the june twenty eighth twenty sixteen meeting and regular minutes of the may twenty four twenty six commission to consider designating the hundred my jury committee to conduct the public hearing and provide its recommendation on the application from david good director of the department of public works for a special management area use permit for the the action today for your consideration is to designate a one advisory committee to conduct a public hearing and provide you recommend and provide recommendations to you  shiva for your july twenty sixth meeting one public hearing item and two items under directors report