decorations behind me and that we had a absolutely wonderful service yesterday afternoon for elmer crewe value who is the mayor and the and the board of supervisors chaired during the time when this building was constructed and it was felt yesterday that it was appropriate for us to leave these memorials wreaths in the room because this was his room as much as it was anybody else's and being such a very positive force in the development of maui county i felt it was appropriate to leave them here for a meeting today  following the mayor's proclamation that today is all work of all you day so following the meeting these reasons will be moved down to the lobby but i felt that it was appropriate for us to continue his  this is his memory just for our meeting this morning so with a rush cochran oh thank you very much here and yes the room is very beautiful and very be fitting of a great man and so this morning i got some thoughts to share with you has long fought for social justice and argued that faith must be at the heart of political and intellectual life so it was so much a season things to digest but i just wanted to take one page here with a few one  liners sort of thought provoking quotes and what have you so i hope you folks enjoy so william sloane coffin he says things to be well aware of the narcissism of minor differences from freud a dog can't go anywhere if he's always stopping no scratches fleas on my dogs now all roads lead to the peak of the same mountains some lead over the precipice god's forgiveness is more than a blessing it's a challenge things not worth doing  not worth doing well the highest or word for human toil is not what we get for it but what we become by it john ruskin to let a point pass that calls for a challenge is to be politely dishonest the simplest act of human kindness for a fellow human being is more important than any refinement of the mind fear is the enemy of learning it gives ignorance its power god loves us as we are but much too much to leave us there are doubts for traders and make us lose the good we oft might win by fearing to attempt shakespeare there never was a night or a problem that could defeat sudden rise or hope so with those thought provoking one liners members you know something to think about so thank you for that moment for me to share i think it's like us cochran we are all please rise and join me in the pledge of allegiance thank you and members of the room in the audience who please turn off your cell phones or put them on so i would vote and with that i will proceed with this morning's testimony offices individuals who wish to offer testimonies from these locations should now sign up with the district office staff individuals who wish to offer testimony in the chamber please sign up at the desk located on the eighth floor the lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda and pursuant to the rules of the council each testifiers allowed to testify for up to three minutes with one minute to conclude if requested and when testifying please state the name and your name and the name of any organization that you may represent hannah office please identify yourself and introduce your first testifier warning we have five individuals who have signed up to promise to testify in the chamber this morning the first person to provide testimony is mr jim smith testifying on county communication sixteen dash one forty four committee report sixteen one ten comedian report sixteen dash one eleven mr smith will be followed by sandy ryan and the individual knowing it all but that makes us a community and that's where we are today we have items on this agenda that change that chart or proposed to change that chart on the assumption there's something wrong with the structure and there's nothing wrong with the structure of our charter nine hundred sixty seven four we've heard good people that's been changed  ne hundred and thirty times it's we've had forty changes from a council we've had eight from a commission commission it's the people the only legitimate voice of the people in charge or revisions in terms of the equation other petitions are are there so i bring to your attention the fact that on december eighth two thousand and fourteen the agenda for the r a committee had items eighteen one eighteen and had item one twenty six and this all had to do with a while loop post office demolition and  chairperson white which is rare offended by and others were as well and he proposed an investigation of misuse and that was a mistake because this is an agency this is a legislative branch and there was an abuse of power that needed to have vetting in a circuit court there should never have been a claim that there was misuse coming from this body what happened then was you had twelve requests for for special counsel and they are sure in a way but the issue remains legislative decision making has  trump exact kid of the marriage said i'm sorry and he changed it into a personal issue but it never was a personal issue because we rely upon government and that means you have an office and that's not you as a person it's your office you must respect and that showed very very much disrespect for the office the demolition and it wasn't even about a misuse of  at the governmental left so i would just keep that in mind and here's the the evidence that you're a legislative body and you stay in that frame and you don't take any missteps because of what you're told her how you're treated you're not a board of directors you're not a c e o or you're the representatives who have to stand guard and if you don't nobody else will and we'll be in dysfunction as we are in some places today so i would ask you to be very strong and take this matter of this is sixteen one four four which is the plan for the auditor take it to committee and maybe take  the issue of the why nuku as being a financial issue maybe just take it office space program because the issue is legislative now thank you very much that's my testimony on the  but i think it needs to either go back to committee or it needs to go away today because number one we've got too many lawyers we don't need a lawyer we need a legislator we need legislate orders that don't need lawyers who are advanced in intellect who will lead you or you want to go and that will be in a circle and we'll get nothing in terms of legislation so you don't need to hire a special counsel or are you don't need special services or a we have a structure you can hire special counsel on special needs you have an office of council services that is to advise you if the director of the office wants to hire a consultant he gets it financed from the county council and it's done so you don't need to change the charter to get more lawyers hired from my perspective so i think this could be filed easily easily filed with no short the second one is a little more difficult and that's sixteen ten right and this brings to mind a lawyer because there is a change that is sought to be an oculist and it says except as provided in the charter and what it does it  so the restriction on councils say basically never interfere and this says never except as provided by the charter and then you guys can come up and say well let's do this let's do that let's do this so in effect you're changing the structure of government and you guys rejected that heroically before and i had last i'd ask you to reject this last heroically because it took  to come out and it's serious so go back to committee and rethink this there's no need to change something that's working and something that's good and something's been around and connected to our culture for three generations and that's how culture is confirmed not one generation not two three at a minimum and that comes from margaret mead she sued she was a very very astute person she studied  micronesia all a kind of soft that's is where her conclusion culture is confirmed by three generations our charter three generations leave it alone there's no problem why perception report sixteen dash zero nine to be followed by mike white and members of the council i am jeannie sco president and c e o of the mali economic development board first of all i would like to thank you for this opportunity to testify on the ordinance before you in my previous testimony on this subject i outlined the importance of putting this measure in the context of the origins in history of the research and technology park i described how our leaders at that time clearly recognized the vulnerabilities built into our economy and the need to diversify the future clearly demanded new innovative and enriching career opportunities for our community putting our shoulders to the wheel we forge dynamic partnerships creating a consensus to act and develop a bold plan to invest in our residents especially our children that vision ultimately crystallize into the reality of the mostly research and technology park what we have achieved over the last thirty years would not be possible without the support of the public the private sector and local government working together the basic vision and values have not changed through this ordinance the ordinance you have before you moves forward the idea and reality of the park as a community the emphasis continues to be on research and development activities or as we refer to them stem activities these activities are first and foremost business activities that build prosperity for our families and give our children new opportunities for entrepreneurship and careers they integrated into workforce education programs that impact thousands of students from throughout the county linda emotion and molly the update of the park's master plan is an important step in sustaining the park's vibrancy as i have emphasized previously the master plan update is the result of extensive research that makes sense of what companies and entrepreneurs are looking for today and the d b s own work with companies their leaders entrepreneurs and similar company unities today confirms the wisdom of what is being proposed the continued success of the park rooted in its over thirty year history of building opportunities and fulfilling dreams is vital now as it was then thank you he had community association testifying one committee report sixteen dash one one o nine to be followed by garrett ma testimony which was basically the same testimony we had given to the planning commission your land use committee could show you know according to statistics a twelve hundred homes  a three hundred room hotel much commercial translating into thousands of additional cores and our question always is where is the infrastructure and we always quote from the key a mechanic community plan about the concurrency of infrastructure with building and our opinion it is not happening we see the building we don't see the infrastructure concurrently but instead of going reading almost a text statistics that you guys know well i'm just going to ask you to listen to two of your own members and i'm certainly power fry power phrasing but i'm not quoting one i would ask you to listen to your money man and excuse the to perhaps crude way your budget and finance committee chair who is stated at least as our understanding a number of times every time we approve something and we don't condition appropriate required infrastructure to go with it it means we're going to pay for it citizens are going to pay for it and we seem to follow that same pattern and that's your decision whether who should pay for that we're going to need these roads as again as i understand it mr okama saying that you're going to need the infrastructure you're going to keep building in all the ones you're going to have chaos without infrastructure so i ask you to please consider what he's often said when votes are taken the other remember i mean i would ask you to talk to is ourself mowing representative down couch  we have a prior not this large but a large development and we had asked for the same thing where about the road conditions were not put in and member couch has kept is given as good communication saying he's now working with the developer to get them to voluntarily do it the answer is no we're already going ahead we're not going to do it so it doesn't happen we ask you to please put it condition in for a complete north south collector road to go concurrent with this huge project we think the project is good with a good communication with our t park for many many years we have no problems with them they've been most cooperative but we to be followed by courtland gates mr mr merrill c e o molly brewing company to testify on committee report sixteen gaffe one o nine thank you for the opportunity to janitor yesterday anyhow and just you know we're in the midst of a rapid expansion of course and you know we're creating jobs in the community and one founding principle of our company has always been sustainability the current agreement that the current proposal is actually something that will really help us to persist and to really support that sustainability measure really for us the setbacks and i think all of the initiatives within this plan are important  but being able to utilize even some of our own land that we purchased in order to put up things like solar thermal solar p v carports and other shade structures you know really directly affects us and then when i learned it also impacts so many other tenants in the park like with the school and even bringing more tenants or more business and homes you know something that i really wanted to get involved in and show support for you know i think i know there are a number of projects that are job creating projects right now whether it be directly in construction or once completed in employment that are being held up i heard a number somewhere the to the tune of thirty thirty five million dollars worth of investment in maui county in jobs that are being held up by not being able to move forward due to the way the park is currently structured so you know i wanted to be brief so and i'll i'll stop there but if the any questions i'm always available to you and i do appreciate everything you all do so thank you so much  rosemary robins lot two which is in the middle of the land proposed for purchase in some ways we may be partially responsible for the open space initiative until we bought our land most people didn't know it was for sale and those that did may not have thought the parcels w sell we're building a home and we're going to live there we're going to put livestock on the land for move non native king grass and to restore the soil we're going to gradually restore a native species for the past year and a half we've been down on our land in that area almost every day and with notify them of a public safety issue and hundreds of people crossed our land and crowded on the cliff edge at waikiki park during this year's world surfing li competition we notified the state historic preservation division and don't care about serious damage to a pre contact cultural site by trail bikes and a t v s and we're not just talking we've cleaned tons of garbage including hundreds of tires and burned vehicle out of our portion of continuity gulch we have at least two more vehicles to remove we have fenced off areas most impacted by dirt bikes to permit the land to heal we plan on living there for the rest of our lives we want the same thing that everyone here wants protection of the natural and cultural resources that make this place so incredible our future in our home and the public experience of the area will depend on how the purchase lands are managed because of the central location of our land we will affect the public experience of the open space it makes sense for all stakeholders to be at the table when planning for the land use takes place that's what i'm respectfully asking the council for a seat at the table i'm submitting my testimony in written form as well remember the legacy of this council is not buying the land it is creating an incredible place for the public and protecting the natural cut into natural and cultural resources buying the land is just a step the hard work is cleaning up the land protecting it for future generations and keeping it safe mahalo for your time and for giving this remarkable land your thoughtful consideration and care thank you mr gates everybody on the council in just everybody at large i just want to say thank you for that wonderful introduction to history that happened under this ceiling last night that was just fantastic  your father often on paper and it was just very nice to hear i haven't spent a lot of time on the night but to hear you talk about him in a way that most of us think i can relate to just good relationships with their parents so thank you for that this morning i'm here to talk about the item from policy an intergovernmental affairs committee came down and went through everything that was in the binder and i noticed that the declaration on today's agenda talks about eight different directors know where the water director that's in view of requiring council approval of the mayor's appointment of those directors then there is another category b that says that there should be four directors that the council would have a hand in removing know where the water mentioned in their meanwhile we've been up to our eyeballs and then some in dealing with including the state  commission on water resource management including this week day before yesterday the water director was here but here with his attorney and said that that would be handled in a  including insanity so we need to make sure that we do more on that so i did pick out some other pieces one of them is from related to this and it's from one of the council members in july  twenty fifteen talks about the board of water supply talks about a lot of the history in there and it gives recommendations that will be wisely applied to the future shall provide not the past all we have to do is take a look at a well who and see where we're going here when we're only quoting one nine hundred ninety two decisions from something's terribly wrong water supply is one of those categories that needs to be addressed not addressed in the agenda presentation today left foot right foot  n then we also need to be aware that there was a request to the have guidance attorneys guidance and over on page eleven of this proposed deal it says watership water supply cell have so he isn't or isn't it one of our committee's departments is it or isn't it to be included since  morning chair good morning council members i have a great comment for you guys you know hawaii is unique in the country in that the coolie on a for public education is usually held at this level except in hawaii it's at state level but maui is unique in hawaii because this council has supported and have always listened in giving me your time when i've come to ask about support for public education on the island of maui so i want to thank you for that because i know this is not necessarily your initial responsibility but it is something that you all care for so with that said i want to obviously i am in very much support of sixteen one zero nine twenty million dollars project is ready to drop the permits in this week we're ready to go you again for making that possible we are proud to say will be using the carping there's union in our great local staff to to build this facility and there are many many public school students on our waiting list that every single grade level that need more space and we are happy to provide that so thank you for that aspect of it and of course you know the immense pressure on the citizens of maui to try and find affordable housing and affordable rentals i when i walk through the old neighborhoods of key hay and i see seventy cars in the driveway i know that that is not a family that has a used car lot in their part in their yard this is a family that is serving three or four families in a residence that was designed for one family and so we need to leave the pressure on our citizens of maui with affordable housing affordable rants and this twelve hundred fifty housing units will go a long way to make that happen thank you very much thank you members of the for clarification mr clarke next still here on the item sixteen one forty seven this is a resolution transmitting to committee the purchase of the four lofts what's called haiku sugar east visionary decision by your part and look forward to offering more important when it comes to committee so thank you very much for pursuing this with the mayor and moving it forward a bit see my second item is sixteen dash eleven i guess this is concerning the resolution to place on the charter amendment on the ballot for the county council being able to have its own legal representation as many of you know i've been coming to this chamber for like twenty years so i've seen a few issues come and go and a number of them have really required the county to have its own independent konsole it is a matter of i guess practicality sometimes because as the bible says you know it's hard to serve two masters so the corp consul being one of the mayor's office when the mayor and consul are getting along that is really great but if there are if democracy is in action and we do have one way and a tug the other i think it's very nice that this console is grown up enough to get its own legal advice from its own person who is part of its own council services we have a number of qualified attorneys in consular services they've always hired great attorneys down there so it seems like  this is something that would benefit this console in the integrity of their actions for the public so i would support your consideration of that and maybe tomorrow as an organization support your consideration of that  plan to the maui research and technology park and this concerns around four hundred acres in key hay amounted to morrow has been very supportive of the general intent of this project is good to have how seeing in commercial activities and and a a a broadening of our economic base by including knowledge industries it's all good to put those things together however we do know that there will be impacts from a project like that we know that there will be drainage impacts of just this morning cool on a gulch which runs between the new high school and the proposed prominent yesterday it was flooded in muddy water was rushing into the ocean why that water just comes from above doesn't have any place to go on the way and has a very narrow channel near the ocean this project has the same thing just a different  major flood prone area right below it it also has traffic impacts there's going to be phase one is going to have you know nine hundred units i think eight hundred something units plus a quite a bit of the commercial and  hotel yet there is nothing in this is the final review of this this used to be a project district which means that the planning commission will get one more bite at the apple to put on conditions as a project district phase two review now it will not be a project district it will just be this special aren t park district on its own and you know has its own like community so this is the last review all permits after this will be ministerial and ministerial permits as we well know do not require compliance with our community plan our south maui community plan is very clear it says everything in the community plan that in our urban growth boundaries here is is an acceptable place to develop if there is concurrent infrastructure i think the thing to weigh is is there concurrent infrastructure for the size of this project coupled with all the other projects that are surrounding it  excuse me may i have a little time to conclude there are no conditions to intrude to to consider this at all i would urge you in the spirit of elmore proviso who always made sure we got enough for the people in every deal and i know many of you who knew him knew that and he wasn't afraid to speak up and say there needs to be more i'm for this but there needs to be more for the people here all you need to do is just take the language from the key a community plan about concurrency and put it in as a condition that there needs to be concurrent infrastructure at each phase of development mahalo interest in a members only need for clarification thank you for being here this morning clifford mr chair there is there's no further individual signed up to write testimony in the council chamber if there's any individuals in the council chamber or at the district offices who would like to offer testimony please identify yourself to the appropriate staff proceed to the testimony lectern or district office phone at this time before you folks to to lay out the timeline of updating our master plan and we started back in two thousand and eight we were looking at ways that we could update the plan for better absorption in growth of the park good that's a good amount of time in that time we made sure that we aligned with every one of the then published guidelines the key a community association had published we met with them in other communities groups the time unanimous approval of the project for the state land use commission with twenty conditions including various things for infrastructure traffic special historic sites accept or a at that point we went on to the planning commission you know its approval by the planning commission with recommendation for approval by the council appeared before the council which carol's land use committee last year and in this this past december  approval with six additional conditions including ones for historic sites and traffic work through the process it's a long process getting everything together to appear before you today it's been eight years i public airing of april twenty seventh twenty sixteen and the minutes of the public airing of may thirteenth twenty six up to twenty four resort resort related or community sponsored special events per year within the a two apartment in our three residential districts where property is situated at portions of tax map key numbers to four dash four dash zero zero eight colin zero zero nine two two four dash four dash zero zero eight colin zero one zero and two four dash four dash zero one three colin zero zero three car napoleon my we have i eby pass and forced reading and be ordered to print and to that cut general that conny communication fifteen public and agriculture to mali research and technology park for property situated key hey ma we have a b cast on the first reading and be ordered to print two that the bill entitled the bill for an ordinance amending title nineteen mile we county change zoning from key hear research and technology park district an agricultural district to mali research and technology park district conditional zoning for property situated key him all we have i e the past in first reading and be awarded to print for that the county clerk record the unilateral agreement and five that county communication fourteen dash three eleven be filed mr carrol include employment for all the g industry expansion a mixed use village center residential areas and the network opens b c and for no more than one thousand two hundred fifty dwellings or dual in merchandising build up area of one hundred thousand square feet excluding who builds eating and drinking establishments and home bisht businesses for districts with in the park are also to find the state land use commission impose conditions of approval to mitigate potential impacts of the construction buildup and operations phases of the project according to its decisions and orders the project expected to be substantially completed within twenty years of the twenty thirteen land use commission approval was better infrastructure to be computed possible i just wanted to say that you know we have conditions in there for infrastructure and to some it may not be enough i kind of i would love to see the north south collector road be done at the same time and i think it will be by the time phase one gets finished so it is being concurrently done north south collective road is for all the people in south was for all the people of ny but greatly benefit all the people in south my way so it's understandable that that project is going to be paid for eighty percent by the federal government and twenty percent by the county so i feel confident that the traffic situations by the time everything gets built you know if we were to prove this at this second and final reading that doesn't mean all twelve hundred homes and everything will be done it's as mr carroll sa can be twenty years so i believe that we will have the necessary improvements that are poor by other projects and the public the other thing that's interesting a neat about this project is that it's kind of a hybrid of form based code remember we talked about that in the planning committee several times and this is our first foray into form base code as opposed to traditional euclidian zoning so all eyes are going to be on this to see how that new type of zoning works this project is necessary for the economic life of that aren t park  i think it will breathe new you know all kinds of new stuff that's going on that will go on up there and help attract more high tech and diversif economic in income for this county so i appreciate the hard work that the the applicant has done through this as you heard it took eight years and nothing is simple so i think it's time for this to but at for this point in time i would like to give my concerns regarding this on the conditions of zoning chairman i think they're trying to try to address issues that potentially this project make additionally either create or expand i felt this council did some very good you'll miss work with another project where we had put clocks on fo delivery of employees or affordable housing start within two years complete by fife i'm disappointed that with this application we don't have clocks because i was made aware of chairman i think what ca three mr moran brought up is reasonable requests regarding timely conformance and upgrades of infrastructure to meet the needs of the current situation as well as the future impacts of additional development so we'd number two i would see my experience which in lieu payment is it cost the company more down the road to take so bloody long to do the project i prefer to develop put it upfront and get it done in advance regarding number five i think timing is critical i think we should have a clock on when those units need to be delivered how are they going to employ there's no housing for employees and i think we can learn from that you know we talk about the old days but some of the old these was good practices the employees know without housing there's no jobs no jobs no company so i think what the comments i've heard during the testimony was reasonable and i would say this council needs to consider those requests and one of the things that  interesting testimony chairman that i would ask if mr carroll can give some comment or if you feel appropriate maybe mr khushi i find it interesting that we there is no need of compliance with the key a community plan if we pass this ordinance and i would like to know if that is an accurate understanding of what is the future if we approve this proposal so i would ask mr carroll if he has a response that application if we pass this view one of the test fires stated that the if we approve this today that it will not be necessary for this development to follow the key a community plan so mr okama was asking for your understanding mr mr comus question is when they would still need to comply with the community plan if we pass this development still need to comply with the k community plan portion of my comments at this time chairman i thank mr carroll for given some explanation because my understanding too as they testify brought up would be correct if we maintain a project district as a nation the bill changes and takes away the zoning and puts it in a new zoning which mr couch mentioned as foreign based i believe is the phrase having a big kid under the agriculture source visiting industry is already the big gorilla i don't need to be the kingery a lot and so i would like to see this company move forward be successful and become another generator that provides our people with good paint jobs so they can do their other primary job as a family take care of their own children to care their own needs as a family and not going to a second or third job so i have support where we are trying to go with this sector but as a legislator from what we've seen and experience from pass through conditions of zoning by the board of supervisors and other council i have learned that we need to put clocks because we still have a lot of non compliant land use a pools decade so that we still don't have what it takes for full compliance all those approvals clocks need to be instituted to ensure the community that the mitigation of potential negative impacts from development can be addressed sooner than later project when it's twenty years down the road or to think in lieu of payment at this point in time i mean this is going to be done ten years later you and i know we're going to have to get one hell of a lot more money to get so that the general fund does not have to take the biggest hit to make up the difference to provide the condition of compliance thank you any further discussion members  the break was called to address it i don't think it i mean mr carroll says it's been vetted and everything stays i guess copacetic but what i'm hearing the way it happens once that project district designation is sorta lifted then any future permits just goes through our directors here such as planned or public works and what have you and it doesn't get any more vetted him and i did speak to mr coach that said the plan is i guess done to address the proper you know what is allowed so to speak so that of course these ministerial permits will look to that to keep it at that those standards or allowed to only go to that what's decided in this communication plans or what have you but i guess it but it still says supposedly does not need to technically conform to community plan and me and they still are i heard mr carroll's comments but i'm still wondering if it is addressing it i don't quite feel a clear solid yes and that's kind of where i stand that i still have so i guess my questions got jobbed up here and i don't quite still feel we haven't heard from corporation counsel about that if he does have any comments either you know so if there's a way to maybe get a past this it's no longer project district the ministerial permitting process does not need to follow existing community pac community is that how it  this this is first reading believe we have about a quick time now on second reading to to get answers to those questions make yourself either comfortable or or more uncomfortable but my feeling is that we've you know we passed the the mile island plan and we've designated this i believe as an urban area and and once we do that we're saying that this area is something that can be significantly built out and so whether that whether the plans that they come up with are consistent with everyone's perception of what should and what we conceive might go there when we approve for that to be urban or not is is a is a question but i think it's something that we can each individually vet between now and second reading so that we can be comfortable with our understanding of understand on the map it says you know red it's urban and we all know urban means but i guess with this changing out of project district it doesn't hold the applicants or the developer to the policies per to where you're comfortable with that question and i think mr carroll's point was that this is consistent with the community plan and so maybe mr couch has a perspective  thank you mr chair and thank you for the questions they're all very good questions and good good comments just wanted to remind members that ministerial permits are grading and grabbing permits building permits you know electric and  plumbing permits those kind of things that don't require discretion ministerial permits have to conform to certain laws and so therefore that's what the directors do they say ok this it's all conforming to the laws community plan the community plan is being changed this is part of this bill this community plan amendment and it sets out some the plan to grow growth area r and it to it's about what the m r t my research in technology park zoning category is so in it when you do changes in zoning that's when you have to be consistent with the community plan or a change in the community plan that's that's our that that's the map for us to follow that we have to be consistent so what we're doing is we're making everything consistent and then the people who have no discretion in which permits they give they just give if the people follow the law then they get the building permit that's the difference between the two so when it was a project district some of the designs had had to be passed through the planning commission again that step has been apparently removed out of this this situation also any kind of permit any kind of permits inside the s m a have to go through another whole set of review another two or three years of review before it can go any further than that so i think there's some confusion as to what a interim between first and second reading to get comfortable with what the possible outcomes of maybe any further discussion members mr and one other thing the project is required to to follow what was i'm very grateful for this discussion i was a little anxious to you know have to address this this morning because i had been asked about the community plan concurrence but you know  best recollection when we were doing the general plan when we exit that we're going to ok now designate this is the area where development can occur it's in the urban boundary i think there was also a lot of talk about yes but then there will be additional checks because people have to come in for whatever permits and changes and things that they have to do so there will be checks and balances as we go and that as a legislative body will have the ultimate decision as to what we require and what we want to do in that urban boundary so it's before us today and i'm really grateful for the discussion i think that probably we want to do a little bit more before second reading i will support it today so that we can get it out but we might want to do a little bit more so that we'll have a better comfort level when we try to put to put this on for second reading because it's important you know every one of these we do sets a precedent and it's important that we set those precedents carefully so i want to thank the members for the conversation today thank you for co on the subject of clocks we did have a discussion in committee about clocks and the land use commission has the clock set in there you know it's unfortunate that in the binder it doesn't show the landing i mean the big stack of stuff but in the big stack of stuff there is a clock condition in the mail you see does that decision an order so that's we didn't want to be redundant i believe i think that recall that's what the discussion was in the in the committee at the committee level so because we did i mean as mr okama and this cochran are well aware we do talk about clocks as between now and second reading that could be brought forward so that you know a specific memo can be brought forth as far as the clock is concerned and again i'm one of those who would like to see clocks but i'm also our press a realist that when intervenors come in what happens to that clock and we've all seen that so don't give me a clock on this debt clock has an ability when intervene if set said that clock stops until that intervention is completed one way or the other so that would be my only concern and all the news is put in i'd like to see what they put in i think we can all read it but i mean really for the public to see it so that would be my requests to the committee chair if they could have that brought out of the project manager that could be brought forward and secondly if they're going to be a clock then i would be making sure that in case of any intervention by any group that that clock stop at that point until that intervention is completed thank you mr chairman thank you mr victoria and i'll just point out that  as a person who's been subject to clocks through this i'm a part of process and the building of a process clock sound really good but you need to have the ability to extend or modify those clocks  because of the vagaries and the challenges that any developer or any investor is faced with which is availability of funds either from the owners to invest or from the banks to loan timing of the market whether you're in a in a positive market to sell what you're building so there's all kinds of challenges that we have to be realistic about building and investing is very risky business and it depends on all sorts of factors coming into play very nicely all of the same  time so that the project can move forward the funding isn't you know running into higher loan payments because you don't have the all the pieces falling in as you expected them to so it's you know i understand the desire for clocks to make people perform but quite often that performance is very very challenging because of external factors that determine any further discussion  flexible help us out whatever you find but someone a lot of times us know what we're and the clock runs away and there's still any how and i was going to bring up the point about the comments in the land use commission's conditions which are somewhere but it's not here and i think we didn't want to be redundant and all that stuff but this is the reasoning is that it's in very documentation but it's not follow hours and so we're like going ok we did set our clock but we don't see here today we we don't but we discussed event it's not in the binder it's whatever so that's a think of why that's fine to keep the language and moving from one entity to the next because it keeps it consistent that we're all on the same page at any given moment so that's why i never look at oh it's redundant as they are he said it and have it written now and now we and our departments can have it at hand so that's my comment regards to that information and think this is something that i would hope for future requests to use of considerations would i just thirteen and look at the freezing accordingly so that when they come to us they can tell us why is such a good thing in why there's nobody for us and why we're not going to ask the general fund to make up the differences i for one mr chairman would like to see this move forward as  by i think we will our community clocks people need to know and we're going to have performance when they can expect some of the improvements to make either do daily traffic run children at schools going to facilities of recreation organize programs for activities we need to know when these things can happen because a healthy community needs to be able to have transportation where islands people need to move from one place to another transportation is the key component of bean making thing successful i work on this from the national perspective we've got the monies now from the feds to years ago and community concerns fraud enough that we deferred and the project never did move forward now we're trying to get it back on track again but he was ready to go before construction money so i would say i have no problem with redundancy because we've done it many many times to be clear from the county's perspective that these are pro already s that need to be complied with to fulfill the objectives of this requests so i thank you for my opportunity chairman and i look forward to potential the considerations to make this even better project thank you thank you mr okama any further discussion members you see if that is the chair is not interested in accepting motions at first reading because i can tell that there's going to be some some action at second reading and as as you know i believe the county or the committee has done very good work and has come up with a good product and i would like to deal with this motion as it as it stands today and  consider further motions at second reading but well mr chair my concern about that is then that would put off the second reading for another month or two weeks or however depends on   myself breaking out into a rash but now i'm just i'm just kidding but i believe the county of the committee has done good work and and i think that i don't think it's necessary for us to be redundant and and place everything that's already been done by the by the planning commission and not play commission the land use commission in our ordinance because it all flows through in the same  same fashion that doesn't our put in our document doesn't change anything except maybe making us feel good or some of us feel good so i think  now with which to do so if it takes us to an additional second reading and i think that's that's fine with the chair since i believe everyone except mr discussion thank you all those in favor of the motion please signify by saying i was opposed say no it's your passes with eight eyes one excuse mr president and thank you very much for a healthy will please come back to order to replace course proceed with the agenda mr chair for the record in regards to committee reports sixteen one zero nine bill numbers seventy six twenty sixteen seventy five twenty sixteen and seventy six twenty six named respectively and you have before you from your policy in a governmental affairs committee committee report number sixteen dash one ten recommending the following one that the resolution entitled proposing an amendment to the revised charter of the county of mali in one thousand nine hundred three as amended to require council approval of the mayor's appointments for department directors allow the council of the mayor to remove the managing director director of finance corporation council and prosecuting attorney and allow additional qualifications for department directors to be established by ordinance be passed in first reading and be ordered to chair at its meeting on july fifth two thousand and sixteen your policy in the government offers committee recommended the passage on first reading of the resolution to propose a charter amendment relating to the appointments we move and qualification of department heads the purpose of the resolution is to place on the next general election ballot question on with the charges should be amended in this following ways one to require t supply to provide at the managing director corporation council prosecuting attorney and the director of finance maybe we move with by either the mare or the council by a two  following consultation with the mayor currently only an american initiate remove all of department heads council concurred concurred that it is currently required for removal of the corporation counsel and heads would ensure transparency and appointments process and in their program in process the appointment appointed a qualified candidate also   i wholeheartedly agree with the the ability for this council to approve all of the directors it does address some of the concerns that the whole county manager thing brought up and i think it's the biggest set of concerns so i wholeheartedly approve that i would encourage the and the voters to vote for that as well my my biggest concern is the removal and as we heard from mr khushi during our discussions on the floor about if you don't appoint you shouldn't be able to remove  that we take out the removal part because i think that will kill the whole thing at the ballot time so but i am supportive of it only because i'd like to see it get on the ballot thank you of them being with the public i don't so much have a problem with approving the merits appointments and that's it period for me you know when we start seeing we remove you we can help improve your appointment but we also will allow ourselves to remove certain directors or  appointees to me we set for it some sort of conflict if we look at our places of employment of where we where we've been employed or are being employed we know our organizational chart and who we report to i think it's unfair for us to have to us the directors or d appointees school you know where's the beef or who's the boss you know that's that's to me it doesn't allow us to have a very functional organization and you know the pay is i think about fifteen to twenty five percent less perhaps and most of the private sector and yet we are going to be michael managers instead of strictly our legislative branch and  policymakers and you know who's powers who is what power and i think i don't think would appreciate the administration to come down and micromanage us or our office of co services that's why we have these separation of powers we have our executive branch and we have our legislative branch perhaps they can be consideration again to we have not had the dialogue with our public enough i mean we're becoming the charter commission who just meets one time make a decision and that's it and we try it out there i think it's unfair  ere we're not doing this whole process with the strong consideration as to what are the pros and cons really and i think we have to be mindful of our role argument as i listen to one you know i begin to see their side and think it's pretty cool and i listen to others and i listen to home that's another way of looking at it and the more i listen the more torn i get i'm really glad that we're sitting here in this chamber today with a very old dear friend who had no difficulty in making difficult decisions and looking at is face and having him look at me i know what he would say he would say if you do the right thing well i am really uncomfortable with this chair and i just think they were beginning to miss between the separation of powers and yes i did talk about it and i was here when we talked about consulting with the merrill before we removed anybody and whatever but you know again it's m lines and when it comes to recommending this to the public so that they can vote on it when i don't feel comfortable with it i don't think i can do that today thank you just for but the ability for us to review appointments and invent them and listen to them so they we feel comfortable i think would be ok i think it would be very helpful and people would hear the resumes of the candidates and they would understand why the mirror's trying to make that appointment and i don't know if ultimately saying yes or no is correct but at least being able to fit in listen i think would be helpful also i think it would promote a higher level of accountability i don't think that the mere we'd be sending down names to us that we'd sit here in this chamber and be embarrassed i think it would everybody would be careful because they know they're going to come here and have to tell all the details like you know we can put people through a lot of stuff i was here with the last batch and it got pretty hot and heavy so having the vetting and the review is  way to separate it out in three way three questions in or even help i think the issue with miss carvel in reference to educating the community as to what this is asking of them to vote on in a little simpler manner removal part yeah i mean i i like it i mean overall i'm going to vote for this this charter but they feel there is difficulty in trying to get the general public to understand truly what all this really means when it's worded  chair also it was mentioned in testimony that the director of water supply isn't included in that in this and the reason why that the director of water supply isn't included in that in this is that he's already included in our approval so it's not that we're leaving out the director water supply for anything the director there's already a whole charter section there that has is  procedures you know hearing herring some of the members discuss this a little bit i would like to propose an amendment to remove the removal section in this so i moved you know my position on the removal if you need the exact locations it's basically wherever it says or by a resolution approved by a two thirds vote of the entire membership of the council following consultation with the chair members for the discussion that the chair is feeling is that this is an appropriate thing to do because i think we can be  very comfortable if we're able to provide some guidelines as to what qualifications and then have the ability to approve the appointments through vetting their qualifications  resumes and so forth but that's a very significant step forward i think it's a very positive step forward the chairs concerned with the removal is that you know and i'll use the hotel contract cont the owner has a responsibility to keep out of the operations it's as a cause of of quiet enjoyment so the owner doesn't get to jump in and and participate by telling it ministre to the management company what to do i see this similarly as much as i would you know i think it would be good to have a some point i really don't see using it very often if you have a department head that is enough of a renegade that he's got or he or she has got the council upset ministrations going to do something about it i can't i can't imagine there's any administration that would simply  ignore it and open an open sore serious objection and furthermore it i think my other concern is that if you have a if you have the ability for any council member to essentially make life very difficult for one department head just simply by drafting a resolution introducing it that starts the ball rolling and then there's no stopping it until we make a final final vote or a final decision on it i don't think that's something i'm comfortable supporting because it i just think it would it would provide too much of an easy opportunity for one council member to make life real miserable for one  so i'm obviously speaking in support of the motion that i think it's a responsible responsible thing it's a responsible and just went to what is otherwise i think a very good  all of this stuff which of course i think some of us view as administrative duties for me the buck stops on the ninth floor he hires and he fires at this point so he's held accountable or should be held accountable for the actions of his department heads if they don't do what they're supposed to do then it falls on his desk it's strange that we see this and complain about the department heads i don't like this director i don't like that director but then we forget about that and we really liked america ultimately if we don't like what the mare is doing that we have a choice every time there's a new direction we really liked him and said good job or we say we think we'd like somebody else different change and we don't we don't he doesn't stay you know i was this was pointed out to me a long time ago by mr sukie when i was arguing with him of term limits and i wanted to limit and he said no i don't want term limits and i said but why and he said don't you understand you have term limits already if you don't like what people are doing d them and so that's kind of in the back of my mind too you know we can build all of this but essentially it's an administrative responsibility to make sure we put the right people in the right places and that they perform care and i hear your folks concerns and you know i guess a big difference you know i've seen directors or you said renegade or rogue or whatever and you know in certain aspects i've seen it happen personally and i have seen it not being addressed and you know don't appreciate that you know where a lot of times yes or hands are tired try to adjust things if you have the budget try to address i mean how we can and you know at times it just to no avail and this is one way i think to try and say listen we have a say now it does take two thirds this is asking that it would take two thirds vote of this entire council that's a lot of people trying to get this passed through so as you stated one person can wreak havoc on the administration and sure what it'll take one person to initiate is start the dialogue rolling but in the end it's going to take two thirds of this co to even pass through and that's a whole lot of convincing so you know i'm still ok with it and that's just my my thoughts on this  came bob county manager i think this is one way to address address that at least having the people i still feel we just made a decision and within committee  deal with the fact that allowing us to get that stamp of approval from the administration on their merits recommendation i think it's sort of a fair  recognizing that there is one place of report for these appointees and then we are able to go over their resumes and all the qualifications or what have you and that  we either support the administration with their approval or we don't so i think we create some sort of discussion on that part by removing the rest so i can support remove all of these items amendment is to remove all of the removal portion of the language so there is there is some challenge with the but the amendment that's being offered because evidently the show what exactly has been removed and what remains in the clean version so we'll go back to mr couch further discussion members of the motion is to amend by removing the items noted in red in the track change version so that we all know what we're voting on the the motion is to remove the red items noted in the red black and any further discussion back to mr couch or if you're done thank you mr chair i'm not i'm i'm fine this looks good this isn't anything new i mention this during the committee meeting so thank you members any other questions on the amendments as written this bison i'm going to support this with reservations and the reservation i have is i don't mind the bidding i think it's important i also like the change in having the mirror do the removeable i do like the idea of additional qualifications i think that it's very important and i think it led to some of the things that happened this year in change to change the system because people are concerned about amendment to remove the right to remove the removal language ok fine no problem any other discussion members again the voters just on the amendment to remove back on the main motion any further discussion on the main motion seen none of those in favor of placing a five by saying i think those opposed say no measure passes with media report sixteen dash one eleven it recommends the following one that the resolution entitled proposing an amendment to the revised charter of the county of molly nine hundred eighty three as amended relating to attorneys within the the purpose of the revised proposed resolution was to pass on this on to the next general election ballot question and where the charter should be amended as follows one to a lower twenty's within the office of council real necessity for such employment currently be attorneys with in the office of council services assist the council in legislative duties including staffing of council communities interfacing with the public drafting legislature legislative legislation memorandums and other works of working documents and concluding legal research but they cannot provide formal legal opinions on the current status or corrections current statute the council and its members sometime need to have ready access of ready access if two independent legal advice such as when there is an actual or potential i think we we will still continue to operate as it is and we will use the use this when there is there are areas of significant difference understood thank you for the record resolution sixteen dash nine seven mr chair proceeding with county communications you have before you cannae communication sixteen dash one thirty six from the director of housing and human concerns transmitting to count had before you cannae communication number sixteen dash one thirty eight from the chief of police transmitting to counsel a copy of the wireless enhanced nine eleven board approved budget for the period of july one twenty sixteen to june thirty twenty seventeen county communication over sixteen dash one thirty nine from the chief of police transmitting to counsel a copy of the emergency medical system e m s grant for the period of july one twenty sixteen to june thirty twenty seventeen county communication sixteen dash one forty from the chief of police transmitting to counsel a copy of the high intensity traffic king areas hit the ground for the period january one twenty sixteen to december thirty first twenty seventeen county communication sixteen dash one forty one from the chief of police transmitting to counsel a copy of the grant agreement for the calo program for the period of july one twenty sixteen to june thirtieth twenty seventeen conny communications sixteen one forty two from the prosecuting attorney transmitting to counsel a copy of the grant award from the state of hawaii regarding domestic violence investigations mr ho chairman i want to thank the budget office director buzz and finance department director arc so large they're ensuring compliance to the budget ordinance under sections twelve's subsection eight point t council's approval or disapproval is august first two thousand and sixteen i know that our next council meeting is scheduled for august fifth therefore i am moved to waive the requirement of count committee referral and report for the proposed resolution attached to the county communication sixteen dash one four three pursuant to rules seventy of the rules of the council  fourth term expiring march thirty first two thousand and twenty twenty one and two to fill a vacancy i would like to thank mr christian for his volunteer ing to serve on this very important board i respectfully members said oh yes mr okama chairman thank you i am i don't know this gentleman personally but i will not support the motion this morning mr chairman basically due to my basic philosophy of this man is already on a county board i personally don't support having there was you know a problem with that that he would step down from the other committee so you know unfortunately he had to leave he was unable to stay he was here all early this morning and stayed through most of our deliberations but he had to get know serving on two boards maybe not a good idea however because of the board that is involved in other board he is also on the commission on persons with disabilities it's my understanding from this that money you know they have a terrible time trying to he understands that you know he has to show up for this is just not going to work and he has voluntarily said he would resign so based on that i am going to support the appointment thank you for any further discussion on this i don't that would be a resolution number sixteen dash ninety eight the following county communications are recommended to the following committees as noted county to your budget and finance committee county communications sixteen dash one forty four from the county auditor transmitting to counsel the plan of audits proposed to be conducted during fiscal year twenty seventeen county communication sixteen one forty five for the budget director transmeta council a proposed bill entitle a bill for an ordinance amending the fiscal year two thousand and seventeen budget for the county in mali as it pertains to appendix a part of one grant revenue schedule of grants by departments and programs department of environmental management grass recovery program county communications sixteen one forty six from the budget director transmitted to council the following proposed bills intitled one a bill for an ordinance amending fiscal year two thousand and seventeen budget for the county molly as it pertains to estimated revenues department of environmental management environmental protection and sustainability programme solid waste management fun department of finance county away costs total operating appropriations and total appropriations operating and capital improvement projects into the bill for an ordinance amending fiscal year two thousand and seventeen budget for the county of mali as it pertains to appendix b revenues fees rates assessments and taxes department of environmental management solid waste management fun charges for current services service fees refuse this disposal to economic development energy agriculture recreation committee county communications sixteen one forty seven from the director of finance transmitting to coun polls resolution entitled approving the opposition of foreign lots in the high school sugar is east subdivision and haiku maui hawaii to infrastructure and environmental management committee county communication sixteen one forty eight from the county communication sixteen one forty nine from the director of public works transmitted to council a proposed building titled a bill for an ordinance amending section ten point six zero point zero four to molly county code relating to cross walks i would ask the members to consider one forty seven for budget one if there are concerns about the appraisal trust i also believe there's an opportunity for us to get even a better price than what is being proposed with the land owner i prefer that because if you look at the documents  dacian which needs to be done before september thirtieth so i just ask for your consideration of this members thank you and members the reason that it was sent to the i r is that it's consistent with what we have done and with past purchases of this nature when the money has been set aside in the budget committee for example is the two hundred ninety acres or parcel that we bought for the for park use in two thousand and thirteen the the money decision was made by the budget to part budget and finance committee but the resolution approving the acquisition was actually put through the  is the chairs recommendation but it's up to you how you would like that to proceed my feeling is we're i'm comfortable with it stand in the a are moving moving forward on a timely basis mr couch thank you a share i would support mr hall commas concern because of the fact that they it's a nine member committee and be there is a time constraint as we've run into on the floor here before if there's a seven member committee in the two members that weren't there have some concerns it drags this meeting out a little bit longer or longer so i would prefer to go to a nine member either that or four  heard one thing and you know heard another but i assumed this was going to go to budget because it nature of what it's about and also the timetable and the nine members it's really hard when we put this in a seven member committee and we wind up with four people report for ordinance number four two two zero simbi twenty eleven investment l l c d m k to the three dash eight dash zero zero eight colin zero one night mr coach th condition of zoning there isn't any substantial and in my opinion i look at it there isn't anything substantial in these to discuss but if the other members have concerns we can certainly thank any further discussion communications will be referred to the planning committee general communication sixteen dash six from catherine as much to your superintendent department of education state of hawaii submitting to council the twenty sixteen annual report in accordance with sixteen annual report in accordance with condition three of ordinance number forty one forty six key here residential project change in zoning members of the objections to the referrals no gore's mystic chair proceeding with unfinished business you had before you bill number seventy one twenty sixteen a bill for an ordinance to change zoning from interim