profound news that has changed and will continue to change the landscape of my we county however we had a blessing on monday and tuesday marked the beginning of  produce work tirelessly preparing for this day for the field preparation to planting to irrigation to crop me nance to reckoning and finally harvesting from to until december workers will burn and harvest sixty to eighty acres a day and the mill will run twenty four hours a day seven days a week samuel thomas alexander and henry  baldwin planted their first sugar crop in eight hundred seventy on a newly established five hundred seventy acres of alexander involved in plantation in moscow all over the next three decades they became the largest producer in the united states sugar growers provided the development of an extensive irrigation system tapping from streams from east mali we stood a provides a significant portion of plantation water and some drinking water for the country people the industry has built a company housing stores hospitals churches and evolved into a self contained communities which included most of the island's population if you remember well some of us who are around used to be the largest populated town in all of m county and through the years the woman two and development of dream city which was one of eighteen beach projects to give their employees an opportunity to hold their home and move away from the plantation camps over those years many of those camps have closed and today we only have remnants of what the camp life was like and if you go to the historic be sugar mill you will see a number of pictures to this closure and any closure in this county for that matter so much to cheer i would like to close on saying even though this may be in some peoples my a sad time it is really to glorify time one split decision victory against marco cruz of illinois and whereas my car has trained for the past seven years as at the southside boxing club of mali an affiliate of u boxing under coach monegan and whereas micah is now part of an elite group of national champions and will represent league united states in an international match with china or russia in august twenty sixth and whereas with the support of his dedicated coach and fellow athletes in the south mali boxing south side boxing club of mali michael is committed to continuously improving his fighting skills and mental discipline whereas micah's exceptional performance determination and dedication to his chosen sport of boxing have bought pride and honor to the people of the county a mile we now therefore define a great boxer boxers are a combination of technical skill and willpower strength and finesse along with tremendous physical and mental toughness boxing teaches participants to not only survive but thrive in any situation the commitment to training and developing physical skills are evident when you watch a boxing match movement quick reflexes and powerful accurate punches what it is what is not obvious is the mental discipline courage and highly developed sense of timing and distance which great boxers bring to every match mike has worked for the past seven years to continually improve his skills he's a proud member of the southside boxing club in key haye training in an eighteen foot boxing ring coach will be traveling to dallas texas in june to complete compete in the junior olympic national championships and then on to an international match with china or russia in august of this year i know michael we're representing now and hawaii with pride and i ask members for their full support of this resolution thank you and he further discussion is by so yes thank you very much chair i would like to offer my words of congratulation and encourage me to like cuomo all for his wonderful gold medal however it's more than a gold medal i had the opportunity about two years ago at the end invitation of the fan to attend one of the south side boxing events that they do and i became a incredible i love watching the girls fight but you know having this opportunity to see how well he works with the with the youth it's really impressive you know he does this with very in that all support he  gives much of his personal time his whole family is involved and yet they've done incredible things and they have mentored and helped many youth succeed his my career is not the first and i know there's a whole bunch of people behind them but i do want to say that this is a real quiet thing that is going on in our community except for these public both said they had it every now and then i didn't even know this was going on and key here but it's a big deal many people are involved and my coach ninety i think is some kind of a hero and i wish that we could do something for him also and i'm very happy that he'll be up here with micah today but you know when an individual takes on this kind of undertaking and gives as much of his personal time and your injury to something i think it's noteworthy and the results are that we produce people like michael so congratulations to mike and to coach and took all of the people who a a boxing it's something to be very proud of in our community thank you and by the way they will have another event it's going to be a boxing event at the war memorial on march twelfth that's a saturday and it will be around six o'clock and for any of you that want to see some of this come join me thank you all right let's get ready to rumble yes i'm ready for this cochran i think this year and yeah congratulations to all that make this type of fighters in west maui and vaccine goes way back in the roots of my family my uncle who still living was the youngest laces boxing coach in cali he on the all who so yeah it's part of my blood too thank you because this does create the dominant spirit in our children to grow up to create strong adults keep up the good work and awesome to see this type of accolades here at the council level so  congratulate my car and his family for the hard work and dedication that they put forth and he has demonstrated they can showing that you can come from a small island and limited resources and really hit the b what can be done and i want to think coach number because look at what he has to go to in his own garage the boxing ring you know you have any facilities and maybe this county ought to consider doing something in a not too distant  few specially when we build our two hundred acres of our regional park you know maybe that should be inclusive on this so many other sports just baseball soccer and basketball and others that we want to make sure all of them are included what i wan congratulate them keep up the good work wish them not to but continue success in talking with mike i believe this young man knows where he wants to go and will get there thank you is that you're here any other further happy to add my comments congratulations especially from the people in a to the cooler more friendly i would say it's been a while i mean why we've been spoiled in the past in the seventies eighties of the also mr chairman so i extend my congratulations and it is a continuation of the proud heritage of boxes from the state of hawaii and we look forward to the continued success of micah moore thank you thank you and i'll add with  victory you know so we all know how hard it is to dedicate yourself for that type of sport and we hope and give us our greatest aloha in your future endeavors so thank you very much mr couch oh i will call for the vote all those in favor say aye aye all those opposed saying no we have eight eyes no nos one excuse motion carries mr know when you start sparring but they never stop and they kept coming in so they got to see the big picture now he's the national champion and there's a lot of i told him the other day yesterday i told him that not idea a champion everybody wants to take you like you said my first national champion was in two thousand and eight she was a female she wanted in colorado springs colorado colorado springs her name is and she's now twenty two she's got a couple is know and stuff but anyway thank you don college concert of don't vote for having us for these amazing to get to see it here with all you folks is like wow and this is like a interactive communication that enables individuals from honolulu hawaii and more to provide testimony from our district offices individuals there who wish to offer testimony should now sign up with the district office staff individuals who wish to offer testimony in the chamber please sign up at the desk located on the eighth floor lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda and pursuant to the rules of the counsel each testify or is allowed to testify for up to three minutes with one minute to include if requested and when cast a fine please state your name and the name of any organization you may represent one in the chamber who have signed up to testify this this morning and mystic chair we have been advised that from the office there is no one there wanting peers our guest from the great state of iowa is from linn county which is the second largest county in the state was a colleague of our past president jane  preceding mr or mr gerry proceeding with committee reports you have before you from your budget and finance committee committee report sixteen dash thirty three recommending that the bill entitle a bill for an ordinance and sixteen budget for the county of mali as it pertains to appendix a part one grand for revenue schedule of grants by departments and programs department of police hawaiian commercial and sugar company a sixteen budget for the county of mali as it pertains to estimated revenues department of finance accounts program total operating operate appropriations and total appropriations operating and capital improvement projects  in first reading and be ordered to print committee report sixteen than thirty five excuse in the chair that was sixteen thirty five let me read sixteen thirty four a bill for an ordinance a bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to estimated revenues pertaining to estimated revenues park of fire and public safety administration maintenance programs total operating appropriations and total appropriations operating and capital improvement projects be passed in first reading and be ordered to print further discussion german again all bills are being recommended by your committee to pass first reading then be ordered to print as read by the clerk these are precisely the housekeeping measures you make in an adjustment between b and c chair for the record bill numbers twenty five twenty sixteen twenty six twenty sixteen twenty seven twenty sixteen respectively do you have before you from your water resources committee committee report sixteen dash thirty six recommending the following one get the bill in title to bill for an ordinance to authorize agricultural water rates for properties owned operated or managed by the university of hawaii college of tropical agriculture and human resources be passed in first reading and be ordered to print and to that county communication fifteen dash two ninety seven b file and spicer thank you dear i move authorize agricultural water rates for properties and operated or managed by the university of hawaii college of tropical agriculture and human resources on first reading and filing of the communication the purpose of the proposed bill is to authorize agricultural water rates for properties owned operated or managed by the college of tropical agriculture and human resources university of publicly at manoa the college serves the citizens of by providing science based research education and public service to help them solve problems in agriculture natural resources food and nutrition food safety and community development these services are provided water supply determine the colleges in eligible for agricultural water weight need not meet the required income provision in the definition of agricultural consumers the proposed exemption would reduce the college annual water charges by approximately eight thousand dollars please note the department some parts of the proposed bill finally if additional institutions of this type are created we are definitely willing deliberations that i was the sole no vote on this and so just want to reiterate personally for me i feel that the ag water or the water is intended for ag actual plants and and not i completely appreciate your cation and all that head feel that the college itself has land where they can do such services and they are the state and  everyone else can find alternate places in order to do such type of activities their educational experimental site but the land itself or the water itself to be used for actual industry you know they're not only doing it for my own county put their entire stake and i think it's a very important to understand that this isn't a tropical research center which is a big piece they're doing things for agricultural purposes and when the department originally said no to them i was one of those that was a little paul did that but understood so we went through this process and i really believe  to support ag we talk the talk and we're going to be able to walk the walk and this is a pivotal part of our whole industry without research when diseases and other challenges come into our our  environment other invasive species whether they're plants bugs or whatever these are one of the areas where they go to to do some research so it's really important and i believe that by helping them do what is good for agriculture the encyclopedia for the the farmers and it's it's too bad that the university is not stepping up to more that they can help but in order for us to give you members mr clerk for the record bill number twenty eight twenty sixteen mr chair proceeding with county communications you have before you cannae communication sixteen dash forty one from the mere inform motion on the floor by mr victory no seconded by mr couch of those any further discussion mr chair just want to make a quick note i want to thank you we thank mr we can and for serving on the planning commission and i wish you continued success thank us make the system a better system and at times we've had some says some small success so i want to wish you continued success in his venture as retiring from the county of maui and hope that  to say publicly that would like to hold the developer accountable according to the agreement of building affordable affordable homes that's attainable for buyers of mali so that two year any further discussion mr couch thank you mr chair on a discharge like this is there any way we can request that a committee report still be done just so that we know what happened in that meeting  he's agreeable to thank you thank you mr clerk at mystic i believe we still have the matter of the discharge yes so i'll call for the vote all those in favor say aye aye sixteen days forty three colleagues have mentioned i will be here in two years if this this goes through and giving them an extension of two years but i will i hope my successor will read these notes and see that i do not enjoy extending for someone  many promises to us back five years ago and i've never been comfortable with this whole situation i've never been comfortable with the developer of this property i still am not however due to the fact that he and others have assured me that they really will get this done we will see when i won't be here in two years and if they haven't by golly let's yank it and shine it to somebody else we'll give it to somebody else because i'm tired of developers you know i fight hard for water and other issues to get things done for affordable housing here developers promises one hundred percent and still today not a blade of grass or dirt has been moved in that area unless something has happened in the last deal too because i was there last week and i ninety see anything changed so my hope is that this will be the message to the developer hears that if he's not going to get it done they need to get it to somebody else get out of the picture or you're going to lose your entire moments think it was that you're here any further comments or discussion shared and the sentiments of mr victory no they believe was discussed during committee and then it was had to do with the two year time extension and i wanted to get it in black and white writing about it just a one time only so whether we're all here or not it is stated in black and white on this thread in the beer that states such language so would sixteen dish for three and two foil co two communication sixteen for three seconds the chair is a motion on the floor by mr carroll second by mr victory no any further discussion i'm like many of my other colleagues including my own father my predecessor who has been waiting for for us we called it would tell our employee housing in the past and that we can you know what it which was based on fo hotel rooms for one affordable housing that was the old formula under the old county code now we've adjusted it to be more of a workforce in component we have approve affordable housing conditions our problem is we need to force the construction of affordable housing and for me it's trying to draw the line you know my estimation is we're over at least four thousand affordable units by various developers that could help the local community at this time our own family members our own neighborhood children we are there we had a talk where is the now we have this and i was part of the council that approved this five years ago and i'm tired of hearing only the talk and this county continues to get it up it's else's profit not in affordable housing we want it for the affordability of our own residence and i find it's distasteful to come before us asking for extension but in my view they've shown no good faith effort to even move it to construction so what they have done in the five years that they promise to get it ready for construction wait wait that we have is now before us in this type of manner and it destroys consideration understand what mr holcombe was saying and i agree with most of what he's saying the only issue here is we have this letter you know and i kind of research the company it appears to be a legitimate company  a legitimate company that does affordable housing so they're on board with if we give this extension that they'll start you know we've been promised at last mr o'connell said we've been promised  lot of stuff for now the problem is if this if this doesn't go through today then that land reverts back to i think it's our one or two which is fine we can put resit it but it's not that it's not it was subdivided before all of the four of the housing agreement so i don't know that there are any affordable and if there are it's only going to be four or five affordable homes in there so you know we've got this affordable housing crisis i'm have always been leaning towards no on the extension but as one of our colleagues said in the committee you know does this council really support affordable mr wong gives us maybe some comment to the members this morning interment on if that would be the appropriate language to me think tenth of what mr coach and i and others may want because i want to be very clear that we will not even that even ruling out if the body intends ruling out the option to apply for an extension can make it even clearer that the body would not intervene in application for f application or or on the other side just no further time extension of the meeting that you're allowing something to apply and there could be discussion on whether it could happen or not i guess we're was sitting in that c and i you know because the intent is one time only that's what i said one time only just one time only extension and he's like  it resolved number two that no further time extensions shall be considered or granted that's what the words that seems to be  is there any further discussion on this amendment on this by so thank you very much i will be supporting the amendment in the main motion but i want to explain why because i'd like it on the record in the committee we had a very lively and heated discussion about this and i think there were many misgivings about you know the timing the extension and why we would be even considering doing something like that i think it is in the back of what it was in the back of my mind and still is is this housing crisis we're in if there is a chance to one eight can possibly provide affordable housing for people who want to give it that you can't but i do agree that this is one chance and that we better have some performance here otherwise please do not come back thank you thank you and you for their discretion mr victoria although i wasn't at the committee meeting i had the opportunity to review the tape and i think my colleagues because they called all the sentiments that i felt as far as this project was concerned i've been on easy like i mentioned earlier from the beginning and it's only confirmed that if they don't they don't act on this now forget it we're not going to be bothered language for this amendment we speak in support of this amendment and one of the things that we may as a council want to consider in future requests before the body for affordability is if they want exemptions from we are hindered by the parameters of the charter on what we can impose this penalties and fines but i believe we should consider the percentage possibly of the total value of the exemptions and the waiver of conditions  potential liquidated damages against the developer for free or to perform by receiving all of these exemptions and approvals by the county or are you just sure that is something we can and should be further entire application in itself and who voted no then during committee shared again my issues and concerns and although we are address fast and now they're here asking for an extension i do take offense to as mr holcombe mentioned so not happy and but i think mr culture at least make it somewhat palatable but it's still not enough for me housing credits  issue i was discussing i mean regards to this and perhaps in conjunction with a neighbor neighbor development so does my comments and i shall appropriately couch second by mr victory no any further discussion mr couch members just for our clarification rule nine hundred see is amendment at final reading a bill or a resolution be considered for the final reading that is amended at a council meeting shall not be acted upon at the same meaning as the amendment the the issue here again is the timing and so if we want this to move forward we have to waive rule nine hundred c thank you mr couch anything further than the members seeing none of those in favor say aye all the supposed say no eight eyes no nos one excuse motion carries going back to the main motion is there any further discussion chair for the record resolution sixteen dash thirty two proceeding with ordinances for second and final reading you have for you bill number seventeen twenty sixteen bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of maui as it pertains to appendix b revenues fees rates assessments in taxes general fund charges for current services department of finance state disability and communications access board d c eight b program bill number nineteen twenty sixteen a bill for an ordinance amending chapter ten point four eight molly county code relating twenty six the and february fourth twenty sixteen to consider a proposed bill to establish a metropolitan planning organization as mandated by federal government the twenty ten us census determine the county of molly anticipates receiving over one point six one point one hundred sixty seven million dollars for the molly in m b o for federal fiscal years twenty thirteen to twenty fifteen approximately four hundred thousand dollars a year for its operation with a ten percent match each from the state and county once the m p o is created our department of transportation would gain over five million dollars for the past three federal fiscal years however if the m p o is not created the county stands to lose over two hundred million dollars and federal funding for county projects  you any further discussion mr okama followed by mr couch chairman thank you i speak in support of the motion this morning with the reservations chairman i share my concerns to chirk ravello and her committee regarding some of my concerns with the asparagus myth of the proposal as well is the impact of the proposal on various components of our county i can i will state that in my direct conversations in a face to face meeting with the secretary of transportation mr fox i mentioned the uniqueness of a very and he is one who understands have been normally dealing with the secretary said that he was open to consider allowing the county to have some flexibility and we agreed that you know the circle there needs to be a circle reasonable and appropriate adjustments to the circle to take care of those concerns of minimizing negative impacts from this potential disease nation he did though acknowledge that like many agencies they are in many different strong vertical cells and yes he agrees that there should be better communication just that we agree we can have better right within our interdepartmental and that he would also state for  know in washington d c i too have those same concerns and have always expressed them in posts that all the other concerns and some of the other departments that it has it's unfortunate that we're kind of got a hammer over our head of you know multiple millions of dollars if we don't do this that being said i will support this with reservations the one good thing that may come out of this is that with the m is what the m p o requires and so we may have some better say with this so that's the one shining light in this so with that i will be supporting with reservations saying any further  comments by some and was no but i'd like to express my support i i understand the issues and i share all of the concerns that mr hama and others have but i'd like to see this move forward thank you anything further  concerns and how these things i determine for eileen states like ours which you know have very limited area and then the combinations that are put together but there may be some benefit and so we're looking at the benefits and looking at the are like the pros and cons of this whole issue i too will support it then hope to see positive results for this county as far as transportation is concerned that year thank you thank you mr victory in any further on the south side of my street between market street coolish three where indicated by signs to eliminate unsafe traffic conditions the public works commission unanimously recommended approval of the proposed bill at its meeting of december sixteenth twenty fifteen the director of public works indicated most of kaveri street has insufficient right of way with four to see fifty accommodate safely accommodate parking and the department estimates built along the same street once that had been completed then we had a real good i said to me how much room we would have as far as the width of the road and i want to thank the department for their hard work been there and now the residents can number twenty three twenty sixteen a bill for an ordinance granting molly dragon fruit farm l l c a conditional permit to conduct agricultural related activities in agricultural related i don't there's an agricultural products not grown on the property and to conduct certain special events within the county's agricultural district for property situated at eight thirty three vote is no reflection on the people of the applicants themselves and thank them for their time and efforts in allowing us to go to their property for say specks in it to see this is all going to play out but i'm just being consistent with earlier rulings on my behalf in special events weddings per se in this neighborhood and we'll continue to stand by that so i just want to make that point at this time thank anything further from the members seeing none of those in favor say aye all those opposed say no no we have seven eyes one no and one excuse motion carries members  as we go into this last item without objections i would like to step down as chair and join you on the floor so that i may act on behalf of my committee or as the chair and and engage in the number twenty four twenty sixteen a bill for an ordinance authorizing the mayor of the county of mali to enter into an intergovernmental agreement with the state of hawaii department of land and natural resources relative relative to the maintenance and use of the completed phases of the central mali regional sports complex comparable thank you chair i move to pass a bill twenty four per and twenty sixteen on second and final reading it was maintenance and use of the complete it phases of the central moly regional sports complex at first reading the council was informed by the corporation council that the county would not agree to any extensions of the right of entry permit which is set to expire and june thirtieth twenty sixteen or when the memorandum of agreement is executed between the land department of land and natural resources and the the department of parks and recreation whichever occurs sooner in addition the corporation concert by that the proposed memorandum of agreement or come before the council along with a proposed bill to consider approval of the m or a as an intergovernmental agreement pursuant to chapter two point two zero mody county code passage of bill twenty four today would allow the county the ability to enter into the complete it phases of the state own part complex in time for girls softball activities already scheduled to commence this month thank you chair and i asked for my colleagues support  any further discussion mr guzman i thank you chair and i apologize to the members i was not here at the last council meeting the special council meeting i was actually in portland i did attend  of the right of entry proposal i did have an opportunity to read it briefly and i conveyed my concerns to the director of parks concerning somewhat of  a voiding or bypassing the committee for vetting and in the past i haven't done that i usually vet everything through my committee even the tennis back boards something as minor as that and so a rationale or justification to have the right of entry so i am concerned with having the language of committing somewhat of the council to an employee which we haven't had an opportunity to vet it that's one of my concerns the other concerns was the right of entry itself i i don't recall ever this council or the time i've spent on this council in having to approve a right of entry so i went to council services and i requested their background knowledge or their experience in their ten years and according to mr robson throughout his years of experience there hasn't been a right of entry that has been for forth to the council for approval so that's one of my questions is why this right of entry is why do we have to approve it on such a high level scrutinise subject matter when the whole of mali lani residents have sued the state on this matter and have brought it to the courts and into the appellate system and it's been in the newspaper it's a very highly highly charged subject matter so why are we dealing with this right of entry when we've never had to approve in the past i would hope that this isn't a shield for the administration and for us as the counsel to take the heat on this without it being vetted there's such scrutiny as to the process the state went through that triggered a lawsuit that here we are as a council are we now circumventing our own process to accommodate the state i mean we if this was something minor i wouldn't be so cautious but it's a highly charged subject matter and we should be starting our i's and crossing our t's and i'm not against the youth chair i have my boys play baseball i love the i love the facilities but i care about them take or leave this council i don't want to be held under the fire because the mayor doesn't want to execute a right of entry there's nothing in the approval and this right of entry to see if they've done it in the past many many times and like i said we haven't had a right of entry before us in the past to approve my other question is if the m o a i know corporation counsel has stated on the record that we will have an opportunity to approve the m o a later on but there's nothing like you said with kind of a last subject matter there's nothing in writing they could change their mind something they could be caught in a deadline and then ministration can go ahead and execute there's nothing that would prevent them from not having to come to the council to get approval that's my other concern and my and last but not least i don't know the status of the political right now and if we had an opportunity bring this to the committee maybe we could have gone to executive session to find out the status of what's going on with the lawsuit is it i know when two appeals and then is there now do you know is is there a certain go to the supreme court i don't know so are we inheriting are we going to inherit a lawsuit so are some questions that i have in my support you know the softball the i know that they have a deadline you know march twelfth they want to get the ceremonies out and going and that's why we're put under the gun but if you balance the situation ceremony of the softball league versus what we've done to circumvent our own system our own process and we're accommodating it wow chair this is a high level all eyes are on us please let's not circumvent our own system to a comedy the state has been questioned on how they handled the whole regional park you know the best that we can to follow our own system and it will get done if not the may have the mayor sign off on the entry he's done it in the past just like the  landfill site with the managerial we didn't have to sign off on that prove it he can execute so anyways these are the questions i have and nothing against the regional park it's all about you know finding out some answers which we could have done in committee and so perfect we're left with this because somehow there's some urgency and i can't figure out the urgency  i can say all that is here also maybe assist in some of the answers or so many questions you have mr but before i start is there anyone else that has any other question for corporation chair member whose minute i overlook any of the questions that you may have please redirect me and ask me again i'll try to handle them as you raised them with respect to the right of entry to the necessity for the body to act if you take a look at the right of entry it does ask that there be an expenditure of money scotty monies to maintain and operate the park in order for us to expend monies we we required to obtain this body's approval a right of entry in and of itself without expenditure of money could conceptually be done by execution of the and so on and that portion of it if if you're saying the right of entry triggers somewhat of a commitment to appropriations then isn't it not committing us already prior to that and no way so if i may have yes yes go ahead mr wong the right of entry has an expiration date and it shall not be extended expenditure of money from the president once the ravager is approved by this body until june thirtieth and the monies are expended from the parks department in their current budget there will be no budget amendment it's their current fiscal year sixteen budget that can accommodate the maintenance issues if this body does not approve the them away then the right of entry by its own language expires on june thirtieth it's either the em away continues it or it expires on its own terms there's no extension of liability there's no extension of responsibilities the document itself does not forestall this body's opportunity to review the m away it does not commit this body to agreeing to employee all it does is provide a right of entry and an expenditure of current fiscal year sixteen funds that the parks does have in order to accommodate the operations and maintenance and the opening of the event i want to move to the next area of concern and that is us can't can i ask a follow up question on that  the right entries and i've only dealt with residential right entries in my practice we didn't really need to even have any justification for our rationale as to why we grabbed a right of entry so it could just be a circumstances of this particular request the department of the corporation council in the form of parks has been actively negotiating with the state of hawaii in trying to facilitate a mechanism to allow the parks to expend funds and maintain the the park for its opening the right of entry and them away in its proposed draft form were submitted to the department of the attorney general for their review and we did it that way because we didn't know which document the attorney general and the state would be amenable to they also suggested if i made that we move this project under a special use permit all of which needed vetting through their governing body we tried to have the documents depending on which one would pass the state have very similar language in order to accommodate the acquisition or the turnover of the part to the department of parks from the state the language in both what we did was made basically capture some of the language from the m away and plugged it into the right of entry because we didn't know which one or both that the state would pass so the timing was difficult the effort i think was to try to give them as many alternatives as possible to consider and we don't know which one they would approve my understanding is that the chair of the department of land and natural resources has currently the authority to negotiate both as their board has approved the language for both what we have is what we presented to you as during that time the right of entry for us made more sense so as a matter of timing a matter of taking the documents that we had and presenting it to this body that easiest one the least complicated one to get past this body was the right of entry it did accomplish what the parts department of parks needed and that is your approval to expand the county funds it did accomplish what they needed in being able to acquire at least phase one up until of june thirtieth so all of the automatic terminations language in the right of entry holds true our agreement with this body as you legal counsel not to extend beyond june thirtieth also holds true in the demo a memorandum of agreement with the staid requires your approval because it is an intergovernmental agreement and our code requires that ministration to get your authorization prior to signing that document you will be allowed the opportunity to review all the terms and conditions of the em away whether it's before this body or your committee it will be submitted with sufficient time such said your concerns of vetting the topics before your committee can and should be properly held in your comm we have no intentions of reenacting this rush scenario and we've only done it for the right of entry because the deadline for the opening day is upon us in order for us to get everything in place and get department of parks ready to be able to take over areas of phase one we had to do it in this fashion can have a question to it could the right of entry be signed by the mayor without our approval because there's other right of entries that have been signed by them there with us and this is you know basically the first that  according to mr ross we haven't received right of entry approvals before i don't know it's my recommendation that when we expend county funds that we get this party's approval regardless of whether or not the right of entry can or cannot be executed without your approval so it's an abundance of caution that i bring it to you for consideration i would prefer that the mirror not execute right of entry if there is an expenditure of funds without your approval and that's where in lies the language share is that it is committing us you know even though you know mr wong is saying it doesn't we would it wouldn't be before us unless there was us though they haven't done so with other right of entries but they're doing so now because there is language in there that says the money that there's money that we have to appropriate so does that not commit us to something that this kind all dies and goes away in a sense and then the m away comes up i mean this this right of entry right it says shall remain in effect until june thirtieth or a m away is executed between so and this document so this seems to be a conflict in my mind i'm not an attorney but i'm reading the sentences so where gardner is of all this goes away oh you were only use there for this particular time in order to start these opening that it's attached to deals with the issue of damages for injury injuries caused by officers or employees and agents in the course of their employment to the extent that the county is liability for such damage or injury has been determined essentially that provision is where we provide average for our own employees and their own negligence so in the event an accident occurs and it's as a result of negligent actions by a county employee we would be responsible for it assuming it meets the requirements of the law that's presented i'm trying to not commit you to a proposed event that may may be found on the premise and in the event there are hazardous materials are found and i'm going to offer to you that i don't know the current circumstance of it but the state would ha d to have had various testing done before making it available to us we're assuming any the discovery of hazardous materials on the site for example if it was a dump  and we discovered that there's hazardous materials on there then we're responsible for that beyond the life of this right of entry if we created the hazardous material being disposed of on the site clarification maybe of what i heard but i thought i heard mr wong say this isn't going to be extended at all it can't be but if that is the case then there's language in here that needs to change because it certainly says it can be extended in both in the ordinance and right of entry correct and then the extension is by mutual agreement of the parties in writing and we've assured this body that projects is our land already not we don't to read it wrenches on our own property this is a unique project proposition because it is not it is a state's property and for us to enter a state property to protect jurisdiction and that is why you never would have this type of thing before council on those type of projects chairman thank you but i also understand that because there is expenditures of of funds that's what also confirmation comments to the council or or policy committee that was yours they believe indicated how he would operate as the chief legal counsel and he mentioned  from even his first term he would take a conservative approach and bring issues before the body to get the council's appropriate to moving forward on areas of sensitivity or areas that may have some jurisdictional concerns would you like to continue answering i think there's a few more questions that need to be answered if you don't mind ladies and gentlemen that line the chair can i just say what thank before mr allen long continues i mean i think the issue with me  with the right of entry as relates to what mr hall comment just stated was not the fact that the right of i mean of course the fact that it's before us but also it didn't go through the regular  process in a very heated and high scrutinized matter and so i'm very cautious when it you know when we are skipping the committee and we're going straight into council on an idea of that we're not used to receiving so wouldn't we therefore go back to our normal course of doing the process if it's something that we don't really received and so it's more special also even more so we should be following our process but that's just my point and mr wong if you could continue place there is here and i think you've made that point and oh i think we understand what you're trying to elaborate on however i like you still want to finish up i can offer comments in open session based on my review of the docket and i'll offer this to the body that the state is in active maui currently the matter is pending before the intermediate court of appeals i can refer you to the docket itself what's significant for your current consideration is the plaintiff's effort to secure the either a temporary restraining order or a permanent injunction fail before the circuit court and there are no current orders in place for hitting any action to be taken or development to occur with respect to this park counties up positions in that appeal i can assure this body that the m away will not assume responsibility for the state's role in the appeal by the county that's a sticking point that i assure you i have discussed that we will not do we fortify our own defenses as it relates to the county of our actions we will not assume the legal responsibility for the state's actions it is still their responsibility to defend their actions how it plays out in appeal i can't predict that for you currently there is no requests or posturing by the plate as for  settlement so it has not been proposed to be raised in the committee of the whole in the event such a thing does exist it will be presented to the committee of the whole which is the proper committee for l matters i only speak to it because it's raised in the context of questions that member guzmn raised if there's any further questions with regard to litigation i would request  the motion for executive session and i will also call the deputies that i've assigned to defend the county's interests in that litigated matter to appear of appeal so he's verified that as well i am a little bit hesitant because i'm i'm not sure what that means for the county when we are you know are be assuming the liabilities but apparently mr be more comfortable and i would probably vote yes but because it has ammo and language in there i'm just looking at a straight right of entry and an expiration date period you know none of this  incorporate in and bringing appropriations you know some kind of implied appropriations in there so i cash this is hard chair and i wish i had more opportunity to have that it through and maybe call in some people for a panel but i am very disappointed with the state as i didn't listen and read the minutes of the last meeting we know an opening ceremony as it's two or three months in advance why or why are we getting this one week before the ceremony it's disturbing it's third maybe what i should do at this point working with corporation counsel and again hearing it out on friday and vetting through all of the concerns that everyone did have regarding the time frame of the actual opening ceremony so there's a ceremony is actually open season it is for the whole season forth and getting through the issues as far as responsibility with a timeframe again with the daily of departments with getting the attorney general's office involved you know it started off as just a deal in our issue and then all of us at a snowball effect if the attorney general level where we were meeting with five attorneys from the state side three attorneys from our county psycho forging counsel and even those delays it came into tuition with which what the state the opportunity to see if it's something that the county is going to move forward on the intent of the park you know as we all know was to be turned over to the to the county with an investment of over twenty five million dollars from the state which is a great opportunity and has it had been decades in a special maui county it's the first of that where a state park was being built to be turned over to the county and this is just phase one so you know we do have our feet is coming out every before that by late next late this year i'm sorry we should be getting the fees to remain there to quality so again i appreciate the consideration and again there are over six hundred kids who also we have being considered i understand the rush put forth on this but i are we going to be responsible because this is just feast want and this fish too and i think freeze three i think there's a couple more phases if i'm correct are we going to be responsible really responsible for any means or any funding of the other two out of that state part of our obligation from a county standpoint would just be the operation of it upon completion of the phases so all are we taking on right now is phase one until the regular m o u is agreed upon and  will you going to be and i guess the question i have for you i missed along i guess when we complete this first demo you it's just on phase one what happens with face to it for you with that and will you continue on will you be coming back to this body for further discussion i guess that's my question that chair five may the inclination would be as in my opinion as the state completes its phases we will come back to this body in order to extend or increase the scope of the memory of agreement currently the memorandum concept is for phase one and phase one only and i would intice a paid that as a develop if the state wants to turn it over to us they're going to ask us for that consideration we're going to bring it back to this body as director brown sails says it is purpose of or the overall intent is at some point in the future once complete the entire park should be turned over to and in order for us to receive it this body has to accept that transfer so at every step of the phase completion if there is the increase in the scope of the m a way it comes back here for consideration at every step that there is any expenditure of funds it comes back here for that consideration so it's a very cautious approach but i prefer that than than not so i assure you that moving forward this body will have the opportunity to w that but there are residents in that maori party area as well that are watching and and are concerned about whether processes are being followed and so my question is could this not happen speaking with one is the other day actually the public doesn't really realize you but the state and the county has worked together and the major issues for the park standpoint i want to far as traffic standpoint i want touch on the traffic issues that they have from the resident but for the park itself the original resistance again was the baseball field with the lights and the lighting on the quads there since the the suit went through and the complaints of the community the state and the county have decided there will be no baseball stadium with lights that has been entirely removed it's an open field space for quads for the softball field and the little league field that in it regionally had lights on them as well for night games have also been removed so if the future of the community decides and if you want to put a great great we can put in place but the major concern for the lady in the late night games have kind of been taken off the table that is no longer in the build out of that par because i would have gotten that out of committee and i'm very glad that you're giving me this opportunity to get some information i was unaware that that that that they weren't requiring alighting anymore and that was a references throughout the right of entry permit has verbiage that refers to them away if you direct your attention to the first page of exhibit a paragraph one numerical this right of entry permit shall remain in effect until june thirtieth twenty sixty that's what we've represented to you there's a or there or a memorandum of agreement is executed if you do not execute a memorandum of agreement this document fails the permit ends on june thirtieth so it's not that conjunction there to me is significant because it separates the two have even having language stating in the way in there i think just based on that conjunction or alone should address it and of entry into this part if i'm correct that is correct ok that's clear enough for me that's clear enough for me so go ahead i sneakily you know i was thank you very much for this opportunity like i said i didn't have this support this measure on the floor and i'm sure you have the votes to pass it but i think i've stated my cautions and in one thing that i've learned as the chair of the year committee is that  i made it a point i got burned one time by passing it out one one item on the floor and i told myself never do that again everything will come to committee that's why simple things such as donations go straight to the community i didn't want to get caught in that same situation so and even more so this one because it's such a high profile subject matter with the with the residents  parents and athletes and my kids are in the same boat i just want to be cautionary and i have to live by a certain principle and that principle is following the per process of this committee and high know these are important questions that needed to be answered these are quick issues that needed to be vented and it's not that we haven't spent a good half an hour on it and we could spend another two or three hours on it to be perfectly honest but i think the knowledge of no lights which i was informed many months ago that the state has backed off and i'm surprised you never was given that information when i was there for many months ago that the state had backed off of that because of the residents  concerns and i talking to some of the people i know their residents just live there now is one of the big one the other one is traffic and the traffic will remain an issue until we really work on that issue you know on that particular part but i think fair and thank you for this opportunity to vote this through and learned a lot and for me i think the main thing that i learned which is key is this whole act of litigation ongoing i don't think when the department had reached out to sort of give heads up this is going to be coming to this body and push through like it is that that was mentioned i mean i would have had further questions should that have been known and receiving all of this outside public testimony specially from a by neighbors in this area where i don't live in and know all the details but eleven pointed questions and a lot of them have been addressed and answered perhaps not to my satisfaction but they have been addressed and answered the one thing which is directly in purview to my particular committee was infrastructure is about the management of retention easton's in this final  answers to these share and you know this is one of those things where in my district i've had to not support good things with whether it be affordable housing or what have you but to stand by what the neighbors issues are and i think this big opening ceremony toss the ball out in big fanfare but i guess is just so we can go in and open it up so people can utilize the park that also was a different picture than was painted my head so at this time chair i'm going to stand by  guzman's call on this i believe there's enough support to make it go through but i'm going to stand by that the fact that there are neighbors that truly are not satisfied so i'll make my decision when it comes at a time when again you really did help bring out some important points i think the public needed to hear and now i think at least a little reassurance as far as discussion is concerned ladies and gentlemen we've completed a business of the council today mr clegg we don't have boyd can sail for being in other administrators that were here today that were available if questions were brought up about the issues and so with no further ado the meeting of march for the council meeting on march fourth two