good morning the biology the government affairs committee will come to order this is march second two thousand and fifteen and it is three minutes after nine a m so i for the late start i am the chair michael vick the you know and i'd like to introduce the they should be joining us shortly and mr white father will be joining us somewhere after that and am due to some other commitments and meetings that he had he has to obtain yet at this time i'd like to introduce the administration first of all the no objection check with our district offices at this time to seek the next ability first of all gone lono from our one office dawn are you there whom you are testing or any organization for whom york testifying for we've established limited as you see limited contact with our district offices and to be fair i will try to look the two out each site so what i would like to do it this time is i would like to take public testimony in the chamber i have only two signed up at this time and then if there's any more then i'll check with the district offices and see if anyone else in the chamber or who has arrived to testify first  if you look at the photo attached indicated by a white x my approximate position at the time of the incident mentioned is in an approximate project telephone pole and a stop sign so i believe my ascertainment of not being on private property was reasonable in any case i'm unaware of any factors which would have justified being attacked by ms guzman in the manner described so i was quite amazed to subsequently learned this attack could come at the hands of a recently appointed county government official i was also quite dismayed and viewing the previous committee meeting th responded to what i assume was the account of the incident i posted on facebook by saying that was not the way it happened i believe it's inappropriate to continue to attack me by good morning chair committee members my name is michelle she told mclean i'm your deputy planning director representing the planning department today and i spoke at your last meeting so i'll keep this very brief and just summarize my comments from before the planning department staffs eight permanent boards and commissions plus we also have the community plan advisory committee and the general plan advisory committee when those are impaneled so it's very important to us that from an administrative perspective to have members of our boards and commissions that we can really work with and we look for diverse opinions and an overall balance on those boards and commissions in the nominees that are before you today for it for our boards and commissions we feel  e to hear his testimony as i was just called about twenty minutes ago and told that we are on schedule today so in our last meeting we were put on hold i guess for the investigation of our incident that happened you know i found it a little disappointing that that miss cochran council member cochran question my integrity about serving the county and the community and being on this council you know quite frankly because i was never arrested for armed robbery but she submitted something or showed something to us a few days ago or just the last time we were here consisted of about four or five pages and i don't think any of you are really interested in reading through this but this is a record that i took to my attorney with pictures and everything that happened over the time that we were going through that election last year pictures of my personal property being damaged pictures of my home that was posted on facebook publicly comments about coming to my house to take me out various different things what i want the council to remember today also during the week county fair my nine year old son was approached by a child just a little bigger than him little white boy not not being  you know in any way a bias or prejudice walked up to him for no reason because he was wearing a t shirt and punched him in the stomach ok this is the kind of stuff that my family went through no when i went to see my attorney we looked over i think about four or five hundred names most of these people i want you guys to remember do not own homes they do not pay property taxes here the pictures that we have cars would vote yes stickers in jive true at mcdonald's and other restaurants on the island most of them their taxes is expired we are the people that put you guys here in office to serve us and in return i want to serve you guys and i want to serve the members of our community to help do what is right i never missed a meeting i've been to every single meeting since i was appointed and i love doing what i do so i humbly ask for all of your support today so i can continue to serve on the c r c thank you very much you we have any other testifiers yeah i'll give the gallery one more opportunity anyone wishing to testify we have no one else signed in to the district offices do you have anyone wishing to testify  for your time with no objections on one of those public testimony for today's meeting thank you for the we have a pretty heavy agenda we have five nominees nomination items and and and and i don't we leading to cybersecurity and i have put that off for the past two meetings and i really really would like to give them an opportunity to however i don't one for the boards and commissions were for the fire and public safety lanai a planning commission liquor adjudication and the maori culture and resource the first item the first two items i should say were members coming in from the outlying districts they needed and i have taken the ball there on their way in and with your permission i would like to wish that i don't behind the others so that we can give them an opportunity to be interviewed when they are right is there any objections to that thank you very very much so then we'll move to idle number  would you come forward i apologize for not giving an opportunity to say a few words my apologies on problems that improve the productivity of our natural resources watersheds and agricultural systems so i have a background in horticulture weed management and molecular ecology and i look  cochran ok i think you're good thank you very much thank you so now with no more discussion i'd like to make my recommendation that you would like to the resolution entitle appoint from member of the cool agriculture part committee for the county by the way by moving the name james leary to exhibit b mr you want to file the one communication or so who has resigned i'm sorry the council may approve or disapprove the nomination by april thirteenth two thousand and fifteen or the nomination would be deemed approve this is a very short appointment because it expires at the end of this month now as i was here at our last meeting and school so i didn't ask you to come back i think we all had an opportunity those that were committee back at the february eighteenth meeting for a five year term the person she's replacing had indicated to us via email back in early october of two thousand and fourteen her intentions to resign but never formally at that time and submitted a signed resignation letter which is required by code so it took us some time to finally get her to submit a signed resignation letter which didn't occur to sometime in mid january so considering the short time  miss term the administration had basically two choices either to fill the vacancy or missed the deadline and give the cost of the responsibility to fill the vacancy in which the council could choose to either fill it or let the term expires without an ethics board member passes out of committee today and then it goes on to counsel there is a chance she may not be approved in time for the board's next meeting but just in case the board decided to have a special meeting just to be on the safe side would have been more appropriate to have a person filling that slot just in case it wasn't you know an important special mean that would come up aside from the normal once a month meeting of the ethics board so that in a nutshell as well why we have this here today so if there is no members that you would like them to demos to approve the nomination to the board of ethics for expiring march thirty first two thousand and fifteen mr college thing was chair moved to approve the  is we are we of correspondents dated february twenty third two thousand and fifteen from the department of cooperation council meeting for poles resolution in appointment of a member to the urban design review board for the county of the proposed resolution proposes two of the two have the approval or disapproval of the appointment of david sheria to the urban design review board for a term expiring march thirty first two thousand and twenty and this one has no time limit for corporation counsel for the council to approve or disapprove just nomination this nomination was the concerns you had and what you have found out since thank you very much mr chairman the committee members prior to the last meeting did disclose to us that he was a canadian citizen and was certainly concerned about his eligibility to serve on a county border commission and we certainly appreciate his honesty in coming forward with this disclosure which is why we asked for your consideration to defer decision making on this matter at the february meeting since that time mr sarratt a has submitted a letter yes i was informed that we did not receive anything from your office oh maybe me someone in the can give me some clarification because there's nothing in the bind as i was looking forward to it thank you mr chairman sorry i would assume that we had forwarded copies if you wanted in a more immediate action but we apologized for that mr to do you have a copy of that letter in question i don't have a copy with me no ok david no problem you don't have a copy with you quite a while because you're at it would you like to go ahead and give a little history of yourself please sure thank you and good morning my name is david st i'm a landscape architect i work for chris hart and partners here in my lou and i've been employed there since two thousand and one i grew up in canada and lived several years overseas as well in different parts of the world but from an education standpoint i have a bachelor's degree in economics from the university of alberta and a master's degree in landscape architecture from the university of british columbia in vancouver and like i said i'm moved here in two thousand and one and has been i've been working as a landscape architect for chris harding partners  the reason i would like to serve on the be is you know having presented at that many times i feel like i have a fairly good understanding of its values and its intent and  purpose that it serves on maui and i fully support that and i think that brings a certain level of commitment to a certain level of quality for its design and development projects that come before it and i fully support that i willingness to volunteer and serve just i think the overall question we always ask is the time constraints if any on your behalf i'm willing to make the commitment understand the time constraints understand you know what the commitment is on a weekly monthly yearly basis and i've spoken with my employer and he fully supports my decision to serve and i'm willing to make that commitment i think it's important enough to do that very good thank you very much thank you thank you mis let me just add also about in terms of my citizenship if that's all right the members then got my permanent resident status two thousand and seven the permanent residence status is another name for a green card so that so i'm a permanent permanent resident of the u s but a canadian citizen  please ok thank you to appointment of a member to the urban design review board for the county of expiring march thirty first two thousand and twenty analyst for the county of molly and has also been involved in several community i guess organizations one namely the past chairperson for the seabury hall craft fair and certainly expressed an enthusiasm in wanting to continue to serve and give  community so we are indeed grateful for her wanting to volunteer her time and she did clear with us that she has the approval or wouldn't be a problem for her to attend meetings for the advisory council they typically meet i believe in the early task i have been a county employee for about ten years and i work for the i t services division i had filled out an application to serve on a board because my children are grown up and i figured it was time to give back to the community you at this time if there is no further discussion i'd like to make my recommendation that you would like to entertain a motion to approve the nomination of judy to the affirmative action advisory council for the time expiring march thirty first two thousand and eighteen mr couch thank you mr chairman have to approve a proposed resolution entitled appointment of a member to the affirmative action advisory council for the county of maui by placing the name of judy edgar to exhibit b the motion has been made by mr cult seconded by miss bison to approve the nomination of judy agar to the affirmative action excuse thank you very very much at this time are still on their way and with your permission i would like to take a morning recess and call up the i t department and have them do their presentation and we will take the lead after they arrive they may not be a fun out of fifteen to twenty minutes and i don't want to i mean i just want to give everybody enough time so is there any objection to moving these nominations to back of the calendar for today ok so we'll take a ten minute break we'll ask everybody to come back at nine fifty five and at that point we will do shermans first name is karen and mr jacob who are here from the i t division would you please join us at the administration table and they're there thank you very very much at this time i'm going to allow them if they want to if they want to see any possibly but i am pursuing this meeting into executive session because there are items that need to be discussed  an update on the county's efforts to provide appropriate cyber security as you may recall the last time we were here we had announced that we were participating in self assessment  businesses that require confidential integrity and i think that as we are moving forward from the enforcement component one of the things that i believe would be critical in that venue would be we couldn't be there but i think from what i gathered at the national at the agricultural and rural roundtable cybersecurity has also become a big issue with a lot of the farming community recess government affairs committee will reconvene thank you very much for that executive session at this time i would like for county communication thirteen two to six i would like to ask that that i don't be deferred so that we can continue working on it any objections to defer thank you very very much again moving on the i don't number one  liquor education board for the last five years this is my last my i feel for the fire commission i want to see like you know the night is growing so i want to make sure that you know i'm part of the safety for we have like adequate equipment just in case we have like a big fire all that kind of stuff and you know we have like the proper equipment to you know so you enjoyed it very much you know and that i learned so much so when you would let me ask you this question then did you make this your second choice or your first choice for reappointment or we service to the community  she participates very actively she currently serves us as a liquor adjudication commissioner they believe if you check her record that she be she attends every single meeting i may be one meeting offer so  no questions thank you so much for your service and appears you are just suited to do this kind of work thank you mr cochran thank you chair and no questions i will take to heart the comments from mr okama and thank and you may have a seat thank you for having me thank you i add that you would like to make his recommendation thank you that you would like to entertain a motion to approve the nomination of application because of a new job and unfortunately he has you know he has as he at least let us know upfront that he's able to make the meetings and so that he would like to  thirty five years i spent five years in the military served three tours in the gulf war and came home to continue my life back on money where i was born and raised as my testimony and as my applica on for ten months and so i am well aware of the plans and the growth of the future for lenny and i want to continue to be a stuart and a voice for people who may not be able to speak or cannot speak for themselves so i'm a very large advocate of keeping lenny lenny but we also need to grow and we also need to be sustainable so i want to help the young residents taking in their proper places in governance in our community especially those that are born and raised there that understand our history understand how we got there and where we would like to go as a mr couch think of his chair and thank you mr garfield for being here and thank you for serving on the sea pac i know that was a tough one to do and you're obviously pretty much aware of the same time next dimension you know into the next scope of where they need to go and i think this balance is going to be very important and i believe it's all in the family now your wife comes off you come on i mean the discussion on the kitchen table be the same charges from different house from different perspectives right so good i'm very happy and and you're right and we still comma we need the young ones to start stepping up because some of us older guys need to look at going out to pasture in the not too distant future regarding his nomination to be a planning commissioner i am quite surprised how quickly a small community can be divided it disturbs me  regarding this nomination that it has created some divisions in a small island like our beloved land i so for me members and i'm going to say that it's not a simple thing but for me i'm looking at commissioners who can try and bring community together and not divide our community so i'm going to be recommending to you mr chairman and this committee to place the name of  b which is to approve and to place mr clements name on c which is to disapprove thank you thank you ok so let me make that recommendation then first of all i would like to place the name of mr george barfield to be approved to the planning commission for a term expiring march thirty first two thousand and twenty and put that i guess on exhibit b mr college and then for mr clement taking the recommendation of the representative and place in the name of james clements for disapproval separation i think i i think i'm going to ask for separation and this time it would know the objections can i separate the two items ok since then i will go for mr byfield first for discussion purposes any discussion i record eight eyes and one excused chair white now for mr clements we will open the floor for discussion go ahead yes because that's what we have district representation i would like to see thank you and it's obvious that he's very well received over there i would hope to see him involved at some other time in even handed in looking at commissioners and evaluating recommendations and i too have received a number of recommendations and emails in support of the gentleman my problem is i really don't know the community intimately like our district representative but you know sometimes a person may not fit very well in a situation but yet be the person who tends to raise the issues that nobody else wants to talk about so this is a very difficult vote for me thank you thank you thank you chair and i'm glad that mr comma put it in the words that he did in relation to this nominee i have for people that i do i'm close contact with on that island had run ins i guess i'm not such pleasant interactions with this gentleman so for me and not living there i'm just hearing from people of that community that i do associate with quite a bit and that was going to be my determining factor on this as mr pointed out this is been  echo miss bice's comments in that this is a difficult one because yes you know there is a division in the community and sometimes that  helps to get all perspectives out there and i know this is one that the planning department is supportive because they they would like to see some diversity on the planning commission so  and with my position you know in relation with the planning department and it's this is a hard one and i'm going to have to listen to the the i'm not sure we're going on this one yet thank you hugo thank you coming from a small community where often plans are you know pretty much focus on  sit down with mr clements a couple of times an intriguing man intriguing a man i think has i agree with a good heart really has in his mind the betterment of the online community especially those that are down in the money and those areas down there he seems to be very conscientious in and understanding the total picture and so this is a difficult one and i also always value the district  representatives overview of the case of the nominee i think if anyone knows better than any of us would be that that individual will come i value your your comments and i think that the heart and i guess i'll vote accordingly but i will say that i want things to clemens for coming forward i think he's brought to the table i really a good discussion you know unfortunately you know when a committee is the fight over an individual says one of two things at least the community is paying attention to what's going on around them and i think that's very good and it's not a rubberstamp community and i think they're aware that their future depends on diversification in all aspects especially planning and other boards and commissions so i want to thank them for their engagement and i hope that once this is all said and done that mr clements will come forward somewhere along the line there may be something else that he could fit better fit for the island of lanai and helping the people and so i want to thank him personally and i want to make sure that he knows that this is really a decision made based upon what make any comments ok thank you so i will if there's no further discussion all those in favor of disapproving and putting mr james clements on  with better suit the community the last one here is going on a second for the liquor control adjudication board our next nominee for the she's currently employed by the four seasons resort and is assured us that it would not be a problem with that taking the time off to attend the monthly meeting on molly and she's also just wanting to volunteer time and like mr byfield and of the council i'm floored liquor commission i'm sorry i have lost loved ones to alcohol poisoning in the past and i am very strong against that sort of things happening in the future being here looking on your application the previous county and community professional organizations and i'm not sure what that that p good luck we have one final one final commission this was the nominee is for the maui county cultural resource commission and that's  have already interviewed her and i think she's here if anybody else would like to interview her i will allow that she did testify earlier but is there any member we question her to come up you have any questions they by the deputy planning director mr goodman has been showing up to all of the meetings and she's also from by our accounts she has been participating in the discussion thank you thank you very much for the discussion yes probably going to support ms guzman and the reason is i want to put all this stuff behind us i think that you know we all went through a very very difficult time it was probably for me as far as i can remember one of the hardest times that we have ever gone through in terms of a community that was divided a community that was on alert lots of confrontations and people feeling uncomfortable looking at your back sure if somebody is going to hit your car or whatever it was a bad time i want to put that behind us i think miss guzman really cares about this community she's very dedicated works very hard and i'd like to give her a chance and see where it goes you know people say oh you know if she gets angry well which one of us but in a situation like that doesn't get angry i think we have tempers in this room also so and of course i'm not going mention any names but i'd like to give you the opportunity thank you thank you chair and throughout the deliberations in regards to this nominee i have stated my stance on this and i will continue to stand by the opposition and has nothing to do bice's same put it behind it has nothing to do with all that but it has to do with the just the yeah there's a lot of passion there's a lot of energy and perhaps anger and things of that nature yes we all have it but i think it borders on the verge of going overboard and vicious at times in being again not be an approachable or level headed as mr carroll was saying so for me that instability instability and character for me is not be fitting for a commissioner and especially on the cultural resource commission where things can be controversial things can be very hard to boy you know we talked about tempers and as myspace is said i don't think anybody on here hasn't lost their temper on this board right here so i think tempers everybody here was involved heavily with the election and all the stuff that was going on i can imagine if people get pushed too far they push back there's every one of us here has pushed back on people i'm sure when confronted with the things that people were confronted with if you look at the record of this person on the culture resources commission which is attended every meeting this person i know personally holds the culture very dear and to to say that one  incident makes or breaks a person that would be totally unfair because you know we've all had one incident that could make or break us but we push through it and we make it work so i think it would be very unfair to do to oppose someone who's does a great job on the cultural resources commission and has the culture of of hawaii at  heart you know we we went against some people who didn't weren't cultural to have the cultural background on other commissions and people spoke from their heart and with passion i just find it strange that somebody who has the passion for this culture is being excluded so i fully support made her home it's what we what kind of flavor do we bring to this commission and i would like to think first of all she brings the flavor of our homes culture as well as a flavor of the local culture which i think just having someone with this much passion may be able to inoculate what we're looking for in people who have the no issues i do would like us to move forward it was a very intense time and our election process and now if we can move forward with all of that and hopefully she'll recognize and this is all just part of our growing pains to be open i'm sure she has been as being of service to our community so i and i'm just going to give you a brief background share if i can when police reports are filed by the police department their adventure transferred to the prosecutor's office regardless of whether the alleged victims want to pursue it or they say they would want to dismiss it it's not their choice to do so it that that discretion clearly lies with the prosecutor's office so since those two cases are pending at the prosecutor's office i have no idea whether they're going to be going forward to the court system or not and tell i researched and tell the victims receive a letter from the prosecutor's office saying that it's n p t which is no low process no process or they receive a call from the prosecutor's office interviewing them about the case and it appears as though and neither one of them have been called by the prosecutor's office so in my mind and in my analysis i believe that those cases are still pending at the prosecutor's office so unfortunately there are pending cases i just feel comfortable moving forward this is nothing to do not withstanding christie guzman's reputation or her character i know she does a good job on the commission and i know her personally i just feel  far as the situation in your career but also i did a little more research as far as how this is perceived if you were applying for a job or playing for a position somewhere and run into my report back that i would see from the staff is that this cannot be taken into consideration you can for yourself personally and there's no question about that part yeah absolutely but you know it's not something that's you know can be put on the table as far as a reason to disapprove or ok because this is not part of it and she has no conviction to the matter needed party they filed their complaints and like you say it is still in limbo we don't know where this so i think that i just wanted to make sure that that is clear and i think you've helped me make that clear today so that what we're dealing with is her reappointment based upon what she's done in totality ok and you have your your rationale and your belief and i respect that but i will say that i can also support misc was meant she has a passion she has that fire she's a little spark plug and i really appreciate that so yes sometimes we have to be careful what we see because it comes back later but haven't we all stuck our big foot in our big miles i have and i know everybody saying not me not me i'm willing to admit that i'm willing to admit at times in the passion on the passion of the battle we say things and then we step back but no offense was meant we're trying to make a love the culture i know that for a fact she shared many times with myself and my wife ideas and concepts and i and i truly appreciate that and this is one of our local farmers farming in my district why he and i know they different diligently to produce substance for our community and i want to thank them for that so they do a whole they bring a whole package to the table and the local perspective is appreciated off also by remember  does and can come back to bite you later so always think before you you see something i think this is very important look who i am preaching to all my god oh my god anyhow with that being said any further discussion if not i would like to make my recommendation ok i would like to move for the prove of miss for the real point of misc christy meant to the county cultural and research commission for term ending march thirty first two thousand and twenty mr couch i think mr sharon moved to put the name of christie because you are exhibit b i think it has been moved the cult seconded by miss myself to approve the nomination of mrs christie went to the cultural cultural resource commission for the term expiring march thirty first for the county of the proposed resolution is to approve the mayor's following nominees to the various boards and commissions for the term beginning april first two thousand and fifteen and expiring march thirty first two thousand and twenty unless well more thing at the last meeting i requested for members to bring forward nominations to the various commissions that we were  now asked to bring forward i understand there's been some considerations and this was the commission on children and youth and the my we call the culture resource commission lanai and see you know we're looking for somebody from