afternoon and miss all con  thank you some brief announcements if you'd like to testify please sign up in the chamber or bush a lobby anyone that's going to testify you are limited to today's agenda items when you testify you'll have three minutes testifying on the twenty seven i had the privilege of helping them get started many many years ago when i was employed as the vice president of alexander and baldwin took a took a very bad situation in the park and they were building area and have created a absolutely  and i have to tell you to like to make everything else you've got to go out and see what they do to understand the depth of their commitment and i think the the leaders of that group i'm sitting here to oh to be commended for a job well done because i know you personally some of the physical tolls that it's taken on our director  today over the years but they've paddled on they've moved the canoe forward and they've created again this absolutely wonderful environment for young kids to go to they're not wandering on the wonderful wonderful effort on the part of the people that run it and i'd like to recommend that this group help them continue the journey thank you very much tab thank you year twenty seven pay a youth center inc grant of lease of the county real property the committee receiver county communication fifteen dash ninety one from the director of parks and recreation transmitting a proposed resolution in title the purpose of the proposed resolution is to authorize the grant of a twenty five year lease for one dollar a year of the facility known as the pay youth center and adjacent area consisting of approximately one point four six two acres maui hawaii to the payee youth council and the nonprofit organization for the purpose of providing a drop in new center life skills program and skate park according to exhibit two of the proposed resolution in the fair market rental value of the premise is fifty two thousand six hundred per year the committee may consider whether to recommend adoption of the proposed resolution with or without reversions the committee may also consider the filing of county communications fifteen dash ninety the youth council support of directors i believe the director of the department of park and recreation is also here to provide additional information miss white are you here yes  why don't we go ahead and how do you tell us a little bit about the paiutes center and its history and activities  hello everybody can you bring them closer to months we were our landlord was a m b properties and over the course of these twenty two past years we have like mr vinson said it's completely turned the community around not only with what the area looks like and everything but what's available to our children and we've actually built a community right now we have averaging we do our membership over every year approximately five hundred kids per year there and from the ages of nine to nineteen years old we have quite the capital investment in the pie youth and culture so there we have over the years i've been there twenty two years so i know the numbers we have invested over two hundred five thousand dollars in building repair and renovation we have put one hundred fifty thousand dollars into the skate park we have fifty thousand dollars put into our multimedia lab twenty thousand dollars put into our radio station and multiple about thirty thousand dollars just recently in the past six months put into parking lot improvements in the area so we have been i believe really great wonderful tenets of m b properties of of the past two years and had an amazing partnership with them the area that we operate in as most of you know is a very hard area to be and because we are surrounded by a lot of homeless people mentally ill and drug addicts and we have managed to maintain a safe little recluse for our children in that area at the same time working with the community police and m p properties over the years to keep the area safe and  doable for our kids but it's tricky even to this day very tricky and i won't lie about that but we have some of the most well known programs for youth in the state of  i we are doing a mom upon a project venture which is evidence based and we are an adoption certified site for that we have our play a big kitchen program our picky multimedia  lab not forgetting the other stanway skate park which is the only skate park in maui county that has an adult presence at all time we do allow any age in the skate park and that has been an amazing thing because it's created a lot of family involvement because if a child under eight years old the parent has to remain there by the kid skates or a guardian so that's had a really interesting effect for us to have family involvement in the use center  d then our radio station my radio station reached ten years old last week and it was a community based low power f m radio station but heard worldwide because it's on the web we do have listeners even in europe and a lot of the programming is done by the kids and it's been a really remarkable tool for both the use center as a p r mechanism but also for the kids as a life skills program so then besides our actual programs we are a drop in center and we provide art daily art so in surf and body sports and recreation and sports and recreation so i pretty much cover the program part of what the pa youth culture center is about in lisa starr who's sitting on my right has been on the board for fifteen years and we do have a lot of long term board members and also long term staff like i said i've been there twenty two years and i have four staff that have been there ten years with me so lisa fifteen years and counting and i did i don't i'm never looking for the the exit door on this board it just becomes more and more enjoyable and rewarding him as the years go on we do have a remarkable of very talented valuable and dedicated people on the board and quite an interesting diversity as well some of you know as you know every board the center and keeping at the bottom line always in the positive condition and she is renowned statewide for her abilities in this way foundation's with the state the and other aspect of what we do is the slogan for the school is building community through our youth and we try to take that as to the heart and look for ways that we can build community so beyond just the fiduciary and the overseeing of the operations of the a center itself we have taken over the board the staff  the director the kids have all participated over the years in the stewardship of the region beyond our own lease foundries so including doing restoration which has been ongoing from the inception has been historically pretty impactful erosion to the dns and where the long term repairs have been attended to it's very significant and a couple years ago we asked the parks department if they would be interested in us partnering to restore dunes and protecting in the play a park itself so with their permission and some cocoa and also the koku of the restoration people we actually put in a whole program of doing restoration in the in the pay of park and  the point of even putting trails cordoning off where people were travelling over the dns and it has been a well respected it has good planting good boundary delineation paths to the beach and when we weren't sure how much people would respect that once we put it in and they have and that's if you ever in play a part you should go and take a look at this example of doing restoration that's really very impressive and beautiful  we also have program going on with backing up to the parks department so we've been meeting with parks department for some time now in regards to how to better improve the park itself play a park and there have been discussions about putting in some improvements and we are it's one of these things where it's something we all want to get to but both i'm sure parks as well as the board and our volunteers we just haven't quite i should say i because i was supposed to be the head of all this to take responsibility but organizing to get some headed lifeguard petition so that's kind of in the works we have an intention of of assisting with the renaming of the play a part to be named after the very very famous in silver great environmentalist marine environmentalist who's from right there where the park is and and now we're kind of reaching out more and more towards the town itself and the merchants and the town owners and we have a goal to get one hundred percent participation from every merchant and every owner in play a town and we've identified who they are and where all we divvied it up and what is going along and getting asking everybody's participation and the goal is one hundred percent and we fully expect to get that i think that's members know i'm on the board of directors of the boys and girls clubs and i know they work closely with you i'm number of occasions and i know what you guys have to go through so really appreciate what you what you are staff organize that all and we've done all the planting and all that we were advised by tara tara one stirrup ok she she was there in first we did the you center side from the you center all the in the pitcher you can see the skate park and out really took off and then this past year we did the the park and that was all done by just our kids staff excellent  yeah there's a little antenna there which i just love the look of that antenna on our old building i think it's sunny so there's the is center and the grounds the skate park so what we're talking about is doing restoration that's all along h going west and now we have parked so just to give you an idea if you haven't been there the proximity of these center to the park so there's the park right there and there's some now park and plant so the dune restoration we took starting that way and continuing now down all the way down this way into the front of play a part so you can see to that down here it's very wooded ironwood sort of a bend in old dune since there's a lot of inappropriate  activity that goes on down there that's what susan was referring to and are partnering with the n b a for years to always try to keep clean it up keep it clean return it to being trouble free especially with these being the focus of the center and that's on ongoing effort so many questions thank you and i was curious about how you did the  ok thank you so we'll go ahead and i look at the lease agreement itself and we'll go through if anybody has any questions at this time and we can address those questions mr couch you mr chair and more of it's in the page thirteen of fifty five about requirements for employment just out of curiosity do you guys do background checks on your employees yes i do while so do f ok you know they want to mention that in your narrative here ok because that's kind of important right but well you know by our contracts my state contracts we have to do ok cool thank you with anybody working with  area that we're going to be a lease they don't need to be changed but it is inconsistent with the action being taken there will have it's probably it's probably an old map but yeah chair it's on page forty five of fifty five yes i see that but i guess the question is on the shepard is it is it appropriate or is it can we change the wording and set of license area to least area does the exhibits need to be amended on the shepherd prefer that it be changed we can we can write it out we can see if we can draw a new map if it's whatever you want i don't think that that is a critical factor but it is not exactly right  using the kitchen leasing it out to a big cafe here for five hundred dollars per month my question is is that appropriate to have in the lease or landlord agreement and they have some projections for what they might want to do in the future but the leases drafted and the grant has drafted only acknowledges their drop in center their life skills program and their skateboard park it does not acknowledge this sort of agreement between council and some outside enterprise so they would have to come in separately and negotiate that with the county  police or lease agreement says in the conditions that they're not allowed to do anything with written prior approval of the county ok so to make it more clear would you recommend that we would put  a state park and it doesn't acknowledge any other user interface so this would just to meet because it's what they're saying they've done in the past it does not grant them permission to continue looking at sort of agreement with some other enterprise ok very good thank you mr boyle but does that preclude us from making this a part of the agreement no because this is the application this is not the agreement that the agreement set forth in the grant agreement and the lease agreement  but this is in the grant can we identify that they are able to continue previously the previous activities should then allowed by their previous landlord the problem  would be that that is actually some kind of sublease of our property through their own existing building and they would have to get our agreement to do that because if they're going to generate revenue and some other person is going to use that and sell outside there's going to be issues of liability and insurance by any user of that premises other than our lease e and they might have to have some kind of guarantees of safety or how that's going to go there may also be some tax consequences and revenue generation that may alter other things so that to me is not one of the approved agreements it is a discussion of what they've done in the past but it's not something that we've authorized in the future if we're going to authorize that has to come up as a separate discussion altogether this is not saying you have carte blanche to do with what you want it they have to apply our agree to conform with all of our general terms and conditions have an ongoing operation that's been there for years operating in the way they're operating and for us to basically take the saddle off the horse in the middle of the stream is not exactly fair for understood and that's what the  revenue generating lease agreement to help them offset their rent or whatever expenses they had with them getting a one dollar per year grant of the lease of real property their expenses for rent is to be greatly reduced so their need for an outside revenue generation using that property to do a commercial lease agreement with some other enterprise i don't know that the nests of that but their life skills program using that kitchen would be untouched by the grant agreement we're just talking about carving this part of what they used to do out until that is further negotiated through the county the proper channels but they could still use their kitchen for all their own programs for their life skills nutritional education or the program only so distinction they give this what is your what has been your piece in the in previous years it's about thirteen hundred dollars a month and the income that we make from running out the night when more not using it one hundred percent about income goes to help by the food for the pipe a cafe program so we can feed the kids now we don't we can't really run it out to very many people because we use it so it's a limited amount of catering companies or anybody that can even use that space because they have to be willing to work at night so anything it's it's part of the income that supports the program so right and just and but to miss shepherd's point what how does that balance out how many times you rent it is it five and and losing five hundred and you're still well in one way of looking at it but we're also trying to get off the county state welfare system of nonprofits and become self sufficient and i support we're going you know where it becomes more and more impossible to do that with so there's this real big catch twenty two there for us yeah  o direct do you do you feel that you will be able to reach an agreement with them to be able to continue to allow them to act the way they've been acting with  play with everything else because it could open up other avenues for other people other duties or anything else that we want to do the same thing so long as we can make sure it works thank you thank you i have a question for corporate revenue generating type of an agreement granted so your chair would only basically deal with what they're using it for our granting agreement this agreement with a private enterprise would be a totally separate right correct and how we would negotiate it so i don't believe it would impact the ground ok good but i do have one correction to make i picked up the tax assessed value of fifty two thousand whatever it is it's actually  that's the test value that's not the fair market rent on value the fair market right all value is step forth and exhibit two and that is four thousand seven thirty four i believe so there there is a correction to be made to the resolution that is also repeated in the grant document itself but again i believe that because the exhibit is there that can be corrected ok but you can you can make those corrections without having it substantially a county facility because if i am then to be who doesn't get to rent it out from them or on commercial kitchen see that i charged three thousand dollars a month because of my rent payments i have to make just wan make sure that we're not in trouble you know getting in a situation where we would be competing with the the private sector etc correct yes i believe there would have to be some kind of r f p or we'd have to find out why it wouldn't require that we'd also have to make sure that the vendor that is successful qualifies under state federal law you know is qualified as a business venture i don't know anything about the current lease agreement that they've been having for years i don't know who this enterprise is or what his credentials are so i can't really speak to whether or not it would be you know how it would go about it would also require th negotiation of using the capital improvement that exists at the youth center because that was created before we got the property so there would have to be all of those things worked out it's not something that can happen just by the stroke of a pen that takes a lot more youth center we got our approval for it he would be coming in and using the kitchen to cut fish he's a fisherman and he's going to have a fishing where they call that on the side of the road  fish that's going to be licensed in everything by the state and legal and of course in these negotiations i've been having with him he would have to have a certificate of insurance  the question is is there an ongoing concern right now that if we go through this all these process that you'll have to stop until you go through the process miss shepherd talked about or are we at a breaking point right now where this is a reasonable well but it could be considered either way i mean he's invested a lot of time and energy and money into this and we're halfway through the process but we haven't signed the agreement with him yet so i guess we could consider that a break in point the young girl that was doing the jews she left a month ago gotcha ok all right mr and thank you thank you chair you know i don't think there's anything that says that nonprofits well maybe we should relax some of these requirements i mean i care i mean i'm sorry it sounds to me like the don't you think cultural center is going to want to have their old landlord back but i can see we do why we have to definitely look into it because it could have a domino effect with either ones that are leasing out properties from the county and all of us out and try to do revenue generating off of that lease as well just a little tidbit on myspace i think you very much just want to declare not a voting member of this committee but i'm a member and i like to contribute a little concerned that i have i am all in support of non profits being intrepid no real i think it's to be encouraged because it helps with the cost of operating but be careful and make sure your c p a is advising you in regards of unrelated business income because it could jeopardize your nonprofit status so be very very careful and you might have to pay taxes on that income if it's unrelated so something to think about on this carpet i think it's here and thank you ladies for being here and and your place is wonderful and i think it does wonders for youth build a great foundation for productive members of our society so i'm looking  miss shepherd i'm looking at the agreement and fifty three fifty five twenty four does is just one sentence in regards to subleasing and so i just want to know what that one cent is how it book and basically what you're saying approval of parks department and in conjunction with the comments you're elaborating on is that with that one sentence is referring to the shepherd because i mean it's pretty simple simplified exists here doesn't really go into the yeah doesn't actually know how it it requires the prior written approval and then that has its own significant amount of time and effort to review it's not something we can just say oh it's like that and and agree to it right now it requires the actual  ok i just like to point out that we're the policy makers yes we you know we can we can direct well we can't direct once it leaves us but we can make the policy th then need to follow so i you know i'm i'm i'm troubled by this discussion because i think we do have to allow our nonprofits ways to generate funds to do some of the things that they want to  these if they've been entrepreneurial in the past and now that we own the property we're going to shut it down i think what we need to do is find out where that policy is and  that would be advisable because there are other issues that need to be amended in terms of the like some of the language in the resolution as well as some issues in section three point three six point zero nine zero but i think that's would be advisable if we had our team research it further well and if that's ok we may we go through the other the other items right but yeah why don't we go through  of some sections in the code were three point three six zero nine zero three point four zero point two zero zero if you could elaborate more on some of the issues that you found for a term exceeding five years when such longer period is deemed necessary and in the public interest every view of that section actually calls out three additional subsections under three forty  zero one two or three and the question is which of those subsections the lease would be falling under and maybe i think deputy corporation counsel shepherd is prepared to chapter three point three six so oh for i mean three point forty point zero four o's three different requirements just don't even fit it's actually you go to three point forty two hundred which direction to three point three s resolution to delete their reference to that section staff would point out however that last year a similar type of grant of county road property was considered by the housing human services and transportation committee on this related to long term lease to my youth and family services in that situation when the question a similar question arose i believe the deputies response was to lot in expenditure of a sum of twenty five thousand dollars or more so last year when the question arose the conclusion drawn was was a bit different so we may want to just take a little bit of time to analyze that a bit further so that the committee and the council can have a more uniform response as to the pick ability of chapters three forty two grants of county real property yes i don't think that that paragraph is accurate i think that paragraph should be stricken i have made a revised proposed resolution that is ready for review but it hasn't gone through yet this was just brought to my attention today sheppard the previous agreement was with there is no agreement between the county of maui and the current tenant council at that property i've talked to the parks department we could perhaps do a permit to cover ind y insurance requirements and things like that in the interim while this is pending or a right of entry kind of you know ok i think we can do something temporarily tell me hopefully we will really put an the discussion about the concession but if we can pass what we have here out to get them going or is it better to do the right of entry i think it would be better if we if we just  as a temporary i think we can resolve it by maybe a right of entry agreement or something or that more temporary director of parks and recreation are you willing to enter into a place yes whatever i appreciate you taking a another look at this because i don't want them to leave here being able to do less than when they walked in and the challenge that i have is we've got a we've got  cover all bases because i concur with my fellow council members same that we don't want the organization to walk away and have these grand ideas as on page seventeen five commercial activities that they have a list of things they hope to perhaps do in the future these are just ideas and if any of these you know decisions we make within this document is going to hinder it and i want to make sure that we address it now they are not seen yeah you know we were gonna do holding farmers markets youth camps of a blast so there's a list here and i think all of them are very worried the i'd love to see them be able to participate in all of these but i don't want us to hinder it in this kind of agreement if it doesn't so there it just there we take a look at  as we go through and we revisit but i think this is the first that we've at least form for myself to see a switch over from private to county so it is you know a learning experience and you know when we look at these documents and we realize while these these are private sector type policies were dealing with we're dealing with government policies we have to you know we have to take a second look and say where do they really are they really equitable so i think that's this is a good start in our first time in ten thousand to look at this type of document or contract i think will order on the road to at least vetting it through and finding some solutions so without any objections members i would like to defer this matter nor do i get a chance ok thank you and we will work on it and i believe that the department and cooperation council will be more than willing to work with your facility and  making sure that you have something temporary and tell we we kept this worked out ok i think you ninety two from the director of parks and recreation transmitting a proposed resolution entitled authorizing a grant of lease of the county recreational space to fly and a copy of the proposed lease agreement th propose the purpose of the proposed resolution is to authorize a grant of a fourteen year lease for one hundred dollars a year of the county recreational space consisting of approximately six thousand four hundred seventy the whole and calls for all practices and other related canoe club activities the committee may consider whether to recommend adoption of the proposed resolution with or without revisions and also consider the filing  ok is here as well as the department of parks and recreation so if we can see a presentation in regards to what goes on in the canoe club world we're ready to begin with the community work day and at that time kandahar was a state park so we got there through the park program it was not very safe or user friendly in the early ninety's it was pretty sketchy but now with community work day with all the volunteers and the various groups and the county work there kind of highs widely used it's a great park we respect each other take care of each other and care about each other probably because of our beginnings there and also my family upbringing we are i know so in these pictures members planted every single one of those trees except for the ironwood and key ave we used that lawn there for many years we were very happy when the county took that over and took that as the come to camp it was a bit much for us to maintain another county program that got their start with the cultural program as a summer palace so for many years they would come there and i believe now they're at south mali we continue to do work in the community this is just one of the recent things i could find on ice and point is where the  just down the way by the bridge so we help with community work they keep america beautiful beautiful planting plants and we went up there to help with the great american clean up a lot of paddlers used as a starting point for one of the great downwind runs so we try to help out in the community as well as in our own area going green our electricity at hollow was first generated through wind and now we use solar there's no electric lines there and this year it's a little more expensive for us but we're trying to do our little share to keep plastics and paper out of the landfills we purchase these items or play a cup and utensils that all our members are given so what other regard as we go to events that they go to they take their own plate and then they take it home trying to teach the kids that it's it's pretty cool sunrises most of the women we practice in the morning it's beautiful to see the sun rises and i already heard the church some of this so i'm not going to do that but kandahar is beautiful in the morning glassine in the afternoon it's windy our mission by the traditions of our ancestors is to perpetuate the sport and culture of hawaiian canoe paddling in an atmosphere of respect and a law we strive to be like well trained and wise in the ways of the l that is our goal so these are all not some of the youngest member paddling members baby sit in canoes but they're not paddling yet they are ages five t they have their own little work force and support group to get the canoes down the bay with the kiters you can see some of the critters in the background that's one of the most protected base there we have our age groups twelve and thirteen there was some mention about doing restoration with but you can see right this these dune restoration work that's been going on there with the county making festival of canoes when it was a great opportunity for kids to go and to learn and to see canoe making from polynesia in the black and so they stripped all this is the whole bark stripped and then it gets soaked in water and then you clean it and you get these beautiful fibers which they've made into r and then they also can't see what they're working on but they're standing there and so some of what they did from start to finish this year will be working with bamboo where about for work we're competitive but it's been two and in the paddling community we're known as a club where everybody participates from the youngest to the older ones we work hard but it is plain and this is that they go hill for fun use the area so that my language institute students coming from eighth graders these are their leaders and then they come up with plan with what they want to do and one hundred of ten of them would come  he and respect for one another you don't have the slight we have many people from around the world ok you're here home why unspoken because you have a large humanity but we try to learn from our other paddlers are well so they will come and share a night about their country and their food and their culture this is the blessing of polo and you can't see it but there's a canoe under all those kids and people and here it is in a county parade so a whole lot more means to move forward we are based in their traditions but we're very forward  sauce that came to participate it's fun for all of us to do that he holler more united move forward know as long as we can give them a lease given the lease and let them go that's a good question the director or corps council you have a response for that or yes you know i honestly don't have a answer for why that lease was only done for that fourteen or fifteen years we can go back and i mean we don't have a problem with it we support the group so we don't see any reason to make it a twenty or twenty five year  there any legal issues if we were to increase the fourteen to twenty five mr sheppard now it's whatever terra the group decides ok mr white did you have any questions no i was just going to make a comment that i hope th year we're halfway there they're not going to do you want to make an amendment to that yeah i would love to change that when we get to the point my only question i notice the executive order so it's a deal in our law and b on our paperwork i have it says this was approved by the board of land of natural resources at its meeting held on june twenty seventh two thousand and fourteen and december twelfth two thousand and fourteen that is on page six of twenty eight in exhibit one so mr chair i want them to get this today but if we were to change it to twenty five years would it have to go back before the on our again th that's a good question does it did they restrict it to fourteen when it was i don't see that don't know if i have that information i'm looking county land good point i don't know if that is that makes a difference yes i wouldn't know the answer to that ok but that is a good point yeah i mean not need that ok that fine i'm satisfied with that so   any further discussion seeing nine all those in oh yeah mr couch so just to get it straight in my mind we're going to do it for this amount of time and then they're going to work on getting it with the deal on our thirteen dash eighty five from council member ellie cochrane transmitting a proposed resolution to refer to the planning commission as a proposed bill relating to the roadside stands in farmers markets and agricultural district number two correspondents dated september tenth two thousand and fourteen from committee chair don has been transmitting a proposed bill relating to commercial agricultural structures in the agricultural district number three correspondence dated june ninth two thousand and fifteen to the department of corporation council in transmitting a revised proposed bill untitled a bill ford ordinance to allow commercial agricultural structures in the agricultural district the purpose of the revised proposed bill is to enhance economic viability of the agricultural industry in the county by allowing commercial agricultural structures for selling our agricultural products including value added agricultural products within the county agricultural district as as an accessory uses and special is subject to appropriate restrictions and standards the committee may consider whether to recommend passage of the revised proposed bill on first reading with or without further revisions the community may also consider the filing of county communication thirteen dash eighty five and other related actions members this item has been before the committee for over two years based on the recommendations for referral from the council's planning committee this is the fifth time we have met to consider this topic the proposed legislation has been through many changes the original bill was vetted through the agricultural working group a group composed of maui farmers organized to address the challenges facing the agricultural industry the county of maui then subsequently went to the planning department for additional revisions and then was referred to the planning commission for review and comments intent of the bill is broad is to broaden the scope of the sales permitted by farmers at roadside stands and farmers markets in the arab culture district by allowing commercial agricultural structures for selling i recalled products including value added agricultural products within the county agricultural district as excess reuse and special use is subject to appropriate restrictions and standards on april fourth two thousand and fourteen the revised bill was sent to the planning commission for review by council resolution on december eleventh two thousand and fourteen the planning director transmitted the comments from the land i maui and molokai planning commissions the comments were incorporated into the into what we have today  producing and drafting revisions that would address the planning commission's concerns and we believe that we have done so this  doing so in presenting it to you now you have now the full version of all the input from the ag working group from the can and as well as the planning commission input as well as the department of planning commission by far this is been the most vetted piece of legislation that i have seen since have been here but in doing so we have one more revision that has just come to my to the table within the last hour and a half and that was a revision by corporation council deputy corporation counsel who also added their input and so i would have mr hopper i review that section in which they're proposing amendments to i would like to go over the bill with all of you here before i do so i want to refer your attention to this document that's called roadside stands in farmers markets and agriculture district are seven it is the it has blue print on there and i don't know if you can see that this has issues raised by the planning department and planning commission is addressed in the revised proposed bill so if you go through that document and i'm not going to go through it right now it's for your reference these are the issues that were presented by the commission by the planning commission as well as the department of planning and i've listed those issues and i have also in the blueprint indicated how proposed bill was revised to address those particular issues so this could be used as an outline as to how those issues were  addressed within the current bill and so i'm going to go ahead and reference all of you to the bill itself and as a background do you have the bill in front of  you the bill the title is the bill for an ordinance to allow commercial agriculture structures in the agricultural disappeared in the first part of mr chair yes is that the june ninth request for legal s two or five dash two and act two or three and they're worse which basically is the basis of this legislation because this late legislation that we have address and the the final version or at least his proposed version so we'll go ahead and get started i'll try to be as fast as i can for brief explanation i know that all of you have been through this this this draft several times not this draft but this topic subject matter at least five five meetings so  that's called commercial agricultural structure now a commercial agricultural structure has within it an agricultural product stand that's one farmer's market that's two an agricultural retail structure that's three and four agricultural food stash establishment all of those are commercial agricultural structures so we're going to the second page an see that agricultural food establishments that's a structure means a building or structure owned and operated by a producer and permitted under title eleven chapter twelve the rules of the state department of health that prepares serves food at retail using cultural products grown razor caught in the county value added products that were produced using agricultural products rone in hawaii and other food items number to the next commercial i recall cultures structure is agricultural products stance and everybody knows what these are these are the little stands that we usually see alongside the road and those are  they're building structure a place that is partially enclosed by walls at least twenty five percent open to the outside on an operated by a single agricultural product producer for the display sell it at cultural products grown raised or caught in the county and value added products produced using agricultural products grown raised or caught in hawaii number three structure would be an agricultural retail structure means a fully enclosed building or structure own and operated by a single producer for the display and sale of agricultural agricultural products grown razer caught in the county value added products that were produced using agricultural products grown razor caught in hawaii logo items related to producers agricultur operations and other food items ok and now we go to the commercial agriculture structures which is all the structures that i have named and including another structure would be a farmer's market and there is a definition as to a farmer's market and means either number one a temporary use of the land that is in it is managed by a single producer who leases space or stalls for that out door sale or i quote agricultural products grown raise or call it in the county or value added products that were produced using our cultural products grown rays are caught in a way or it's a building or structure managed by a single producer who leases space or stalls for the display and direct sale of agricultural products grown raise caught in the county value added products that were produced using our culture products grown in hawaii so there's a distinction there's one that's just one open land and one that's in close those are the two distinctions between the two types of farm farmers markets now we have a definition of a logo what is a logo item that some of these straw can sell a logo item means an item meant for direct sale by a producer that has the producer's business logo permanently it logo items include but not limited to clothing glasses stationery and writing instruments other food items that is another definition means a food item that is not an agricultural that's producers the meaning of that is a means the owner lessee or licensee of the land located within the agriculture district who is engaged within that county in the growing or production for sale of any agricultur product or value added product there is going to be a definition of total floor area that is going to be needed because that that that will be used in as part of i believe the  ability to sell added value products i think that's going to be determined by a total floor area it does not include areas used for parking or agricultural product production value added refers to roth ira cultural products whose market value has been increased by special manufacturing marketing or processing ok the next section section four section one thousand point three just really spelling it out i suppose and then going to the next page to be accessory uses uses that are incidental or sort of fortunate two or customarily use in conjunction with a permit permitted principle use as follows ok now we're going to go down to number three where it says a maximum of two commercial agriculture structures per lot subject to parking requirements of this section one thousand point three six eight point zero one  zero what that means is that on a lie you are only the maximum amount that you can have in the structures are only two so you can have an agricultural real retail structure and a commercial agricultural structure for any any combination there but you can only have two on one lot so that's a minimum of two commercial agriculture structures per lot and it has to be subject to parking requirements the rest of that is going to be deleted and that is the original and numbers six seven eight nine ten eleven twelve are already numbered there are minor changes to the spelling of moloch and whitey on that page fi turning to the next pay age number six you also have on the top of the page summary numbering amendments in the middle of the page you have section five section one thousand point structures that are going to be built the commercial agricultural structures and if they do not meet the standards in restrictions of this chapter then they need to get a special use permit and then two is a new section and it it's about the commercial agricultural structures requirements all commercial agricultural structures are subject to the following requirements and restrictions a number one commercial agricultural structures may sell agricultural products or value added products that are not grown raise caught or produce on the lot that they are located on so long as an active agriculture operation is present on number is actually coming from the planning department so let me explain what's going on here so in if you in order to have a commercial agricultural structure is produced or produced from which is very simple you know your produce you're growing corn and you're selling it on someone's property that has a farm on it so there's a nexus it's not it's not just some big bond guy coming in and selling products off of open land that is not being productive in agriculture so there's a nexus there  number two number two requirement would be the proof of an implemented farm plan shall be provided to the department of planning before a commercial agriculture truck sure  agricultural products stands that are less than three hundred square feet in total floor area are exempt from this requirement so if you if you want to have you know do this commercial agriculture structure then you you submit to the planning department that look you are a legitimate bonafide farmer because you already have the farm plant on file and then you would be exempt from doing that  that information if your product stand is less than three hundred square feet which is all these little the little roadside stands that we have out there so you wouldn't need to have a  stand that is more than one thousand square feet in total floor area shall require special use permit so if it's if your agricultural product stand is more than one thousand square feet then you have to go in and get moment this was one of the issues that that the planning commission had was in our original draft we didn't have size restrictions in there and so they were worried about all these light almost like a mall type shanties being developed and so what we do is what we compromised was ok we can put size restrictions on it and one thousand square feet for one you know is reasonable anything more than that especially use permit is required now never see a farmer's market all farmers market are subject to the following requirements number one a farmer's market that is more than three thousand square feet in total floor area shall require special use permit number two all farmers markets operate only during daylight hours and shall not operate on parcels less than five acres i believe those those two included and could be changed by this body if it wanted to but that was three thousand square feet was what the planning department recommended d the agriculture retail structures that's another structure agriculture retail structures are subject to the following requirements number one an agricultural retail structure that is more than one thousand square feet in total floor area shall require special use perm number to all agricultural retail structures that serve food shall require a permit as required under title eleven chapter twelve of the rules of the state department of health he agricultural food establishments all agricultural food establishments are subject to the following requirements number one and agricultural food establishment that is more than one thousand square feet in total floor area shall require special use permit or to all food must be prepared and served on premises the planning department planning director shall have the discretion to allow an exemption to this subsection this was also a recommendation from the planning department number three the agriculture of food establishment must have a dining area that is used primarily for the consumption of food and be activities that are incidental to the consumption of food this was those provisions were also recommended by the planning department f registration producers who produce producers who proposed to own or operate a commercial agricultural structure that's all of them shell register the structure with the department of planning the registration form shall include the following information number one the name address contact information of the producer to the tax map key number of the lot on which the proposed commercial agriculture structure is located three a verification that the producer is the owner or lessee or licensee of the lot on which the proposed propose commercial agriculture structure is located if the producer is the lessee or licen authorisation of the owner shall also be provided a lessee or licensee must have a lease with a minimum duration of five years for the portion of the lot that the structure is or will be located on that language was with monitoring so a five year minimum duration for the lease was proposed a number for the type of commercial agricultural structures being registered that's what needs to be in the registration form the signature of the proposed of the producer certifying and knowledge made in compliance with the requirements of this chapter and all other applicable laws regulations including those of the state department of health and department of public works regulations and department of health number six is an additional information requested by the planning director so if the dish no information is required by the planning director then they'll  placed on the registration database but now the department of planning shall maintain a database of all commercial agriculture structures registered pursuant to this chapter and this is for tracking and for our filing system for the department's filing system enforcement failure of the producer to register a commercial agriculture structure may be in force pursuant to chapter nineteen point five three of this title separate registration each commercial agricultural structure shall require a separate registration j area within it within agriculture within a commercial agriculture structure other food items and logo items shell occupy no more than forty nine percent of the total floor area now this was also proposed by the planning department because there was no way of determining what other food items how to limit the other food items so it was determined that would it was easier to enforce it was more enforceable if they did it by floor space and to restrict other food items and logos to only forty nine percent of the total floor area and that was recommended by the planning department kid exemption agricultural products stands that are three hundred square feet or less in total area are exempt from the registration requirements of this section so if it's three hundred square feet or less you don't have to go through registering your agricultural products  l rules additional regulations of commercial agriculture structure shall be established by applicable rules so there will be administrative rules aside from what has been set forth in the ordinance and set back all follows this is was included at the recommendation of the planning department to comply with dark parking laws in the county and so  nineteen point three six point zero one zero designated number of spaces was included in this ordinance unless otherwise provided in this chapter the following minimum numbers of accessible off street facilities for the parking of self propelled motor vehicle shall be provided on private property in connection with the use of any land or erection or or remodelling of the building or structure the number of  parking spaces required shall not be less than the sum total of the spaces the number of the required parking spaces for each components use of the land building or structure here and specified so the only amendments that we had for the parking ordinance that that is currently in existence is to add the commercial or cultural structures as defined in section one thousand point three zero  point zero seven two and that is on the bottom of the page ten so we added to the existing parking ordinance the commercial agriculture structures and at the recommendation of the planning department we drafted the language one parking space for every two hundred square feet of floor area of building provided that the minimum shall be two parking spaces further provided that for agricultural parking so we had to incorporate it to our agricultural structures so that's it in terms of oh wait sorry next page almost on fourteen  page fourteen this is also amendments to the parking provisions is nineteen point three six point zero zero that's paving and we're just including commercial agriculture section and also be the planning director or in the case of the island of lanai the naive planning commission may waive order for up to fifty percent of the required parking for agricultural products stance so those are the only amendments that we've incorporated within the existing parking provisions so that's what we have so far mr chair yes sorry and point of  order you were reading off not what we were looking at because they had just made some changes yes yes yes and we get a copy of that yes here where we're going to go and hand out i just received this it's approved e informant substance so why don't we go ahead and pass about one out and i can have a mr harper explain what what amendments he's made within that version  amendments different from what you've read i think it's an be some minor minor changes and i haven't had a real opportunity to review it as well as you i just received it maybe thirty minutes ago so or are a little longer but i wanted to him to briefly explain what type of amendments he made to the final version that was actually signed off as to form the form in legality so mr harper of the of the changes been passed out i have them ok so it sounds like everyone has a copy of the bill it's approved as to form legality chair said there's not a whole lot of like i said most of them are non substantive changes the one substantive change though that i wanted to bring your attention to you were also given out in addition to the revised bill a section of the state law which is a tourist five dash t o that establishes which i recall traill they call them agricultural based commercial operations which of those are allowed in the state our cultural district remember that the state has the ability to allow the counties to through zoning ordinances allow certain uses in the state agricultural district otherwise there was uses are restricted and on that on that page that was handed out a tourist to a five dash two there is a subsection a and a bunch of other subsections under that the agricultural base commercial operations are in section fifteen that's on page five of that section and the important part there is that  that goes over the basically three different types of agricultural base commercial operations the roadside stand retail activities in an enclosed structure in a retail food establishments for the most part our bill here mirrors those however one exception is that the the definition of the agricultural food establishment in our ordinance this is on page two at the very top you see agricultural food establishment at the very end of that it states and other food items so basically it talks about that the agricultural food established prepares and serves food at retail using agricultural products grown raised or caught in the county and value added products that were produced using agricultural products grown in hawaii and other food items that phrase other food items does not appear to be allowed by the state law the state law distinguishes between retail activities in an enclosed structure and a retail food establishment this agricultural food establishment appears to essentially mirror the retail food establishment section and the agricultural retail structure which is two definitions down appears to mirror the retail activities description in the state law the state law in the retail activities and in enclosed structure section talks about logo items related to the producers agricultural operations and other food items being allowed to be sold from from that type of establishment however when we read the retail food establishment section it says in full here retail food establishment this is a state law definition owned and operated by producer and permitted under title eleven chapter twelve of the rules of the department of health that prepares in service of food at retail using products grown in hawaii and value added products that were produced using i recall to a products grown in hawaii it does not contain the description of a logo items related to the producers agricultural operations and other food items in a different subsection that talks about retail activities therefore it does not appear that other food items may be served at agricultural food establishments they need to be either grown in the state of hawaii or value added products that were produced using agricultural products grown in hawaii if you were running a retail food establishment or agricultural food establishment so that other food items line at the very end of the agricultural food establishment definition on page two has been deleted in order to allow  office sign off as deforming legality the agricultural retail structure does allow for the logo items and other food items to be sold however the agricultural food establishment does not because the state law does not appear to allow for that so that was the i think major change that was made in the bill i can go over the other which are generally really non substantive changes some changes in format and the deletion of some redundancies in the ordinance but that was a major change and i don't see how that would be allowed as a how other food items would be allowed to be sold as part of an agricultural food establishment accord in accordance with the state law so that that's that's what i'm reading here i don't know if mr chair if you would like me to go over the other changes so no i don't want to go over that there weren't too many more on page three at the very top i  kind of rephrase the producer definition i don't think that the meaning has changed at all but the rephrasing is producer means an owner lessee or licensee of land located within the agricultural district who is engaged in the growing or production for sale of any other cultural product or value added products on such land and i don't think that's a huge substantive difference but i thought that the phrasing of the original was was a bit awkward so that changes been made and i don't think there's necessarily a problem with that if there is i think that's a non substantive issue that i could work out with staff if we need to and like i said there were a whole lot of other changes the only other other ones i had were on believe it's page nine of the ordinance the enforcement section eight says failure of a producer to register a commercial agricultural structure may be enforced pursuant to chapter one thousand five thirty of this title this subsection is unnecessary because any violation of any regulations in title nineteen including this section are enforceable by one thousand nine hundred thirty of this title that section says so so it's redundant to say that in this section we don't go through every single section of the zoning ordinance and say by the way this isn't forcible in this section so is this so is this if you did you would say that after every single paragraph and that's not something that we typically do in subsection so age has been deleted that's why you see a remembering of the sections j when it talks about area for square footage we basically change that to reflect that it doesn't apply to commercial agricultural structures because that's that's every type of structure we change it to clarify that it only applies to agricultural retail structures which in accordance with state law are the only structures that are allowed to sell the local wear and the other food items by the way this is the section i should back up a little that says you can only have no you cannot have more than forty nine percent of the structure selling the logo where are the other food items basically we make clear that that only applies to agricultural retail structures because the other types of structures do not allow them and there was an omission on my part i did delete the and logo items section  i believe that the the retail activities yeah the agriculture retail structure allows for local items to be sold so i should that should be put back into that subsection inadvertently take take took that out so i think where you have i think it's a now a different subsection which is a subsection i should read within an agriculture retail structure other food items and logo items shall occupy no more than forty nine percent of the total floor area that was a an omission on my part and i apologize for that and then the  d under rules it says additional regulation of commercial agricultural structures shall be established by a political rules change the shall be to may because the director may or may not generally adopted ministry of rules this is departments authorize to to have and under the last section which was set back i deleted that because the setback is one type of development standard that agricultural buildings are required to comply with their building heights minimum lot size etc there wouldn't be a reason to specify all the structures have to conform to the setbacks because the structures have to conform to all of the development standards not just the setback so we deleted that  and we don't want to have any confusion as well as to whether or not someone may have to have to comply with the setback but maybe not the other items so those are the entirety i believe of the changes that i had made in order to sign off as to form an legality the most substantive of course being the other food items deletion which i couldn't find a way under the state law to allow you to have the counties forty two allow for other food items to be sold at a retail through i do have some concerns with other food items because when you're cooking at a you know agricultural food establishment if you don't grow they don't grow mushroom or i don't know what it doesn't grow here that the people use in their food cinnamon or something like that you can't use that as that with that saying in reading subsection  five dash to a fifteen c it talks about agricultural base commercial operations including and they distinguish between retail activities in an enclosed truck sure and a retail food establish right and i do see that to have those distinctions so i guess that's a potential flaw in the in the state stage is that if we wanted to try to get an opinion either from the attorney general's office or delve into the legislative history more i suppose that's an option but when you read a statute generally and it has a b c something be it says two of the three things that the fourth or fifth thing aren't there generally you would say oh they met to do that because in the previous paragraph you think they would have said for retail food establishments go where and other food items and what they list is using products grown in hawaii in value added products that were produced using agricultural products grown in hawaii now i don't know if they meant to say long as there are some products that are grown in hawaii that you serve here ok for the rest but that's not what they said in fact in the previous section they said other food item and when they talk about for whatever reason suit establishment it says no so it doesn't list them and it's and don that's the concern that i had we have the same the writing too so that's something that i guess we have to figure out because it's the most severely limited any but ok so that that was one of the questions and i have others but i know other people with no questions to think other questions fair and so you know i was the initial initiator i guess of this and it was basically to try and address encouraging and making sure the roadside stands and the farmers markets and what have you that we all stand by and want to see it proliferates throughout our county fall within our you know sony in codes in what we're discussing here and so it just seems like it has grown to such a enormous scale now from what it originally started to be which i knew that first step wasn't going to be the final either but i'm sitting here and just trying to digest everything through and free and i know you put forward a lot of this through the community working group and it's been vetted as you stated all of the many hours and meetings and my planning commission i've read through all their comments and department but i'm hearing from community right now that they too would like to take a revisit just a one once over kind of glance to see what this is all about we're now it triggered the code and i think mr spence in your comments during planning commission you wanted to address certain aspects of the code to avoid because they think we're so we're now stating you want concrete and you want something else asphalt type material but you are more wanting to say gravel is good enough but is that still in the parking sales of this bill that people need to actually create parking stalls and you know why i mean of asphalt and what have you which is there's a paving section right that that paving era of paving sections actually allows the director to at his discretion  the proposed amendment to nine hundred thirty six zero eight zero paving where it says every off street parking space or area other than for a single family dwellings bed and breakfast homes farm dwellings guest where it needs to be paved but on the ag district you know that's part of being in the ag district you're not built to commercial standards you know like the you know the wal mart parking lot or anything so you should be able to do just gravel but you should have space for parking that's i think that's really important that you know we have enough problems with stuff happening just alongside the road you've got to have space to get people off of the what we'll go ahead and defer this matter and then i'll put it on the first item on my next committee meeting and whatever amendments you have or i'm you see fit to change then we can bring those up at that time or please let me know prior to the next committee meeting so that i can make the appropriate changes so that we and i have a four hard copy of the of the bill so i'll have you go ahead and review this final version that was presented by corporation counsel and approved us to form in legal it will go ahead without objections for this matter to the next meeting i would hope that in our next meeting that we go ahead and i call it to a vote i've had this in my committee for more than two years now so i think it's vetted quite a bit and i would like to have some type of closure plan it's back to us now and we've got a lot of extra documents and other things to support it and so for me to be comfortable in it myself and not just the community constituents that are also voicing  their their concerns i would like this time so i appreciate your willingness to defer for now but definitely i too want to move forward and obviously the community too but making sure that once comfortable it understands it ok so ok i'll put this on the next agenda item and most likely i will call for a vote at that time ok mr i just wanted to say thank you for the opportunity to work with your staff and with you on this bill i think it has made a much better much better ordinance and i to very grateful for the seven eight ten meetings  much and appreciative to that working group as well as the and the planning commission for all their input as well been a lot of effort by a lot of people yes thank you so sorry the in just remembering some of the minutes