before we get started we would like to send our most hearty is well wishes to our cheer which to my quite hopefully he'll be back with us next week we all know this type of flu and cold that's been going around it's been was the coach thank you mr chair members recently the key here community association held its monthly meeting where speakers focused on the homeless situation within the county of maui the homelessness crisis is not just a local issue issue but it impacts the communities throughout the world experts say that it takes partners to address the issue a homeless resolution can not solely rest on the government partners in the effort should include community based nonprofits church based organizations as well as the private sector it is essential that in dressing the immediate issues we must have an end goal if we don't establish this goal then we'll be spinning our wheels responding to each situation without direction the community the opportunity to listen to various community providers and first responders one of the issues that really touched me was the presentation by ashley can you maui youth and family services actually noted that the transitional living program assists you within the ages of sixteen to twenty one years old that are homeless displaced abused or banned it many of these youth are living on the beach in someone's backyard or jumping from so what a sofa one of the statements made in the meeting was that the homeless child of today will be the homeless of the future if we don't help accordingly the transitional living program tries to find a safe and stable home for these children during this time they have dedicated counselors to help with the health education employment training and financial guidance and connecting them with community resources a safe and secure home for the youth is key to their growth once they find a home where they have a stable environment that youth will move in a positive direction build confidence and work to achieve their dreams during the meeting youth and family services made a plea to the community they ask if anyone has room to a room to rent in the range of six hundred to seven hundred dollars for these youth before they place the youth they require that the client has successfully moved through the program and are ready to drive dish into the real world just like homeless experts advocate it takes a partnership to address this problem the community has an opportunity to help prevent our homeless youth of today from becoming the homeless of tomorrow by providing a room to rent so if i can slightly modify president john f kennedy's famous call to action since we both share the same birthday asked not what your county can do for you ask away you can do for your county i call in the community heed the call to help with our need to youth by providing a safe secure and stable home if you have a room to spare or know someone that has a room and can charge within the six hundred or seven hundred dollars or less range and have them call now you and family services maintained at all times first of all do we have testimony on the ceremonial resolution no we do not wish to chair thank you mr clerk so would you want me to proceed with ceremonial resolution would you proceed with ceremony resolutions that excuse me go ahead you have before you a ceremonial resolution entitled congratulating the seabury called mixed paddling team on winning the twenty sixt the seabury hall mixed cruel composed of girls and boys across the finish line in three minutes forty six point nine six seconds which was one point two nine seconds ahead of the second place finisher schools cup a llama and whereas seabury hall located in marco ma we hope has an upper school student body of under four hundred whereas the spartans mix paddling teen wonder state title by also competed in the boys and girls title races with the boys capturing second place finish and girls winning a third place spot giving the spartans a tie with put in a hole for the best combined showing of any school at the state championships whereas the spartans makes cruel went undefeated in the molly interscholastic leagues regular season winning the season's final regatta in four minutes five called canoe paddling team m i l title count to sixteen under head coach paul little by along with two state titles whereas the exceptional performance dedication ury hall makes paddling team on winning the twenty sixteen state title and to that certified copies of this resolution be transmitted to each barry hall mix paddling team member and it is great pleasure and honor that we recognize the seabury hall mix paddling team on winning the two thousand and sixteen first home wine being canoe paddling state championships mixed title in the  throughout the state and this must be very much so commended to achieve what they have comp list i know that it took hours and hours of hard work and dedication these young men and women have represented se ury and the county with pride in their championship i would also like to recognize coaches mr paul vi and miss michel series of these coaches have built a strong program for seabury and this is coach third paddling state title and second title at seabury you can see that there is many talents very very much so many talented athletes here in our county and and therefore we on this council must recognize and honor that i like to also recognize the parents who also play a very important part in the success of these athletes in our county i'd like to take this moment to have the parents of the students please stand and rise and be recognized thank you finally i would like to recognize the seabury hall headmaster miss air because he and the school's new headmaster mr robert doherty the athletics director thank you for providing a thank you very much to and i too would like to add my congratulations and just express the honor that we feel when our young people go out into these wonderful things you know it seems like we do this a lot here in this council we have an  you know with seven people in my grade five people in my seventh agreed one hundred fifty people in the entire school we were not recognized in any sport in really anything just by the sheer small student body that we had and could not compete with other you know big schools out there and so it's you know we're just a little blip on the radar and now we're the whole beacon and i'm just so excited to be here to see this and to see it reoccurring quite often actually as as a place of mention not just by other schools too so congratulations to all and keeping up the spirit of seabury hall and i didn't really realize it but  i know the hard work it takes so i just want to congratulate them and then of course think the parents for giving them the support to do that so thank you thank you chair i join the rest for peers to look at their fellow peers as role models and these young people are outstanding role models for peers who when looked at one another and know that they went through similar changes at challenges in life they have the same type of situations at the school communities back at home and i think these are outstanding young people who are true room models for not only adults but for their own young people themselves i think that is one of the best examples that they can do for one another so to these champions they say thank you very much and continued the good work on behalf of your family your school and your community thank you thank you  everything is political bull or and so i was happy when i saw that and be very frank with you that's the comment i have and also add that you bring the what is the culture of inviting me and you bring it out to  finest and for a little school on molly i mean are you not the biggest school yet you really bring a lot of pride and i love when my we schools and our little schools like seabury can get out there and kick some you again in the future i know the kids really trained hard and they earned whatever they got and most of them are going to go in a month we're going to go to australia to represent maui in hawaii in the world championships in  proceeding with presentation of testimony on agenda items we've established limited telephone interactive communication that enables individuals from honolulu and i to provide testimony from my district offices individuals who wish to offer testimony from honolulu nine molik i should sign up with the district office staff individuals who wish to offer testimony in the chamber please sign up at the gas located on the eighth floor lobby just outside the chamber door testimony at all locations is limited to the items listed on today's agenda and pursuant to the rules of the counsel each testifiers allowed to testify for up to three minutes with one minute to conclude if requested and when testifying please state your name and the name of any organization you represent hon our office please identify yourself and introduce your first testifier good morning chair to sit on no alcohol office and there is no one waiting to testify thank you please identify yourself and introduce your first testifier this morning chair to this and there is no one here waiting to first person to provide testimony this morning in suzanne gill board member tom morrow equestrian arena testifying on committee report sixteen for four to be followed by michael moore randy good morning chair vic to reno and members of the maui county council i'm susan deal i'm a board member of the tom moral question arena and i'm here today testifying in support of the renewal of the lease seven real property for the tom morrow equestrian arena is located in the back of the fourth marine park and could come a road in a haiku the arena has been successfully operating as a community arena for over thirteen years and has served many riders during this time we would like to continue tom morrow's dream to have a community arena available to all horse owners to enjoy riding in a safe environment for now in for future generations the tom moral question arena volunteer management has provided this opportunity for the community the facility is well maintained and available on a daily basis for use we appreciate your time and consideration on this matter thank you amy questions for the testif president of the key hay community association to be followed by paula good morning counsel first i would like to i'm mike morin for the key and community association first i would like to and to the people that were here and as well as our good friends who spread it even further so thank you very much council member couch we're doing that and also for giving us an update on the  i'll take my hat off now but i want to hear that i said that and also with seeing who is running the meeting this morning i did kind of expect maybe would have the game on the big screen but i to express our association and community support for adopting this item referred to you from the p i a committee of the appointment of and when it lucy and in d n a to the board of water supply beginning next month as we express to the committee when many of you were participating most everyone already knows lucy and has seen countless examples of her extensive knowledge on a wide variety of topics including water beyond that she has an outstanding manner of working collaborative collaboratively whether in agreement on a topic or not and is an individual of impeccable impeccable integrity and while his ability to work collaborative with the group is strong asset we have never observed that she has let her desire to get along with others impede stating the facts even if someone someone may not like them or when she's going to examine or discuss a topic she does extensive research on the matter before taking action and coupled with a sharp mind and marvelous memory and her extraordinary concern for the natural environment she would be an outstanding member of the board of water supply so in summation extensive knowledge strong concern and impeccable integrity combined to make her an outstanding individual with this volunteer position please sir please approve her appointment m  written testimony of our current president sharon fred as who is off island and she was not able to make it back for this meeting here today she has written assess the money on behalf of the board as you know the t center has managed and operated the arena facilities since it opened in two thousand and two in all that time we have not come back to the county for funds to run this arena we've paid our own bills and kept it self sufficient and we intend to keep it that way it was conceived is a facility open to anyone in the community and it continues to welcome riders of all different disciplines it is different from other arenas it's not limited to the members of any club or any one group the hundreds of individuals and families that have used the arena over the years and found it to be well maintained and always open for the recreational use of the arena has also served the community by hosting many events or shows competitions clinics and practices have been held there over the years and it continues to be available for these organized activities over the years other arenas have been built as private facilities and these have offered alternatives for some riders however our tom morrow arena remains the one equestrian facility open to everyone that we know of and now that the days of writing freely across the island are long gone and the options for getting out somewhere to ride safely are very limited facility like tom r or ina is needed more and more by the community we all value the agricultural character and lifestyle of this island horses and riding have contributed to this history and tradition since they were introduced to these islands more than two hundred years ago we're fortunate that our equestrian heritage continues today in the lot many residents and families who devote their time their effort their money their property their passion to it and it was this important tradition in history that tom morrow want to acknowledge and perpetuate by building this arena our board has a vision that the arena will continue to be there in the future as a recreational resource of the community and it will continue to be well maintained well managed safe and self sufficient and open to everyone we're committed to this and so we  center and thank you for your kind consideration t and the list of events saying horse shows competitions competitions would that be rodeos because i don't see actually the word rodeo here or a rope being event or yes i believe i believe in especially in the earlier days there were some  rodeos there high school rodeos or and i think sharon could answer this better than i could because i think she actually held in there ok ok i was just curious because in the past discussion during especially committee i think that was some of the  points being made that not all truly all writing disciplines are occurring there especially the rope being you know rodeo type writer users  to say every single type of discipline is happening no not quite true this point and perhaps you folks are looking to upgrade in order to accommodate but since two thousand and two that has not been done there it is my understanding that we have had barrel racing competitions we have had rodeos with there have been roping there these things are not occurring there now that is true it's not it is not because they're not welcome there is not because they're not it is not open for that it really takes quite a bit of effort it takes a lot of resources to mount any kind of a competition show or rodeo roping that there's a lot that goes into it and i think that people who do that have to bring that wherewithal and those resources to enable that to occur and the one thing about the arena the reason perhaps why it may not be as a welcoming to roping for example might simply be because there are no cattle already in your proximity that means that you have to bring them in and again if you're going to do an activity like that you have to be  be organized enough to be able to do that again the arena has always been open for those activities not choosing to do them there lately it could be because they have all their alternatives it could be because and we have heard testimony to this effect that it is not that the arena itself is not accommodating for that and yes we have been talking as you know to yourself and some other council members about what can be done to fix the footing in the arena that would make that more safe for that type of impact activity that isn't being held there now but i would like to say that there's probably a whole lot more to do with as to two thousand and one i've been a lot of phone calls one of the main guys is on a big on in right now i don't want to give his name body to anybody i want to talk to him or call him and you can talk to him from the equipment to the san most of it was donated in two thousand and one the county appropriated one hundred seventy five thousand dollars to tom was arena two thousand and two the young kids you know like when i see disco new people these young kids there's a kind of community we need those are you know that's a kind of facility we need i talked to a friend of mine yesterday i wish to testify regarding the serious violations of the county code in charter and the public trust that have occurred with respect to the agreements with land developers and having a hard time reading coach chris is a long time volunteer in the west now use programs and has spent countless hours over the last few years teaching my korean children the valuable lessons of fair play in consequences of acting of the established rules i first became aware of this breach of public trust and misuse of public funds when i tended adot meeting last fall in the hina wherein after the meeting i asked rose baker about this issue her response was that the county was clearly that the county has clearly been grossly negligent for a long time after a lengthy conversation her solution was the county should probably just admit they're wrong doings and just erase the developer agreements or she stated a private citizen should just hire an attorney from what i learned from one of the parents of my grandchildren's teammates mr salem likely taken action against the administration realizing all too well he would come under personal attacks as a whistle blower from what i have learned by looking through the documents the department of the corporate coun without first launching an investigation and explaining to the public the conclusions of your members findings the fact that the administration has concerns i've got a lot more still i continue you have the perhaps we should all take a hard look at the message we are sending to our children and our constituents by not doing that by not doing what is pono mahalo thank  good morning everybody i too am delighted about the country kids at altitudes that most of our high school kids are not facing to see that they are excelling  aligned sports where to go just wonderful when i was teaching at sea very in the eighty's they were the only thing that they had in terms of aquatics was the pool which is now the sixth great building so it's wonderful to see the evolution of all of this having happened congratulations to everybody involved i would like to just address the sixteen forty eight on  item paragraph eight talks about lucy feinberg being appointed to the commission on children and youth for a term of five years coming when she was the director of child and family services the oldest such entity in the pacific here i chaired the advisory committee thought that i thoroughly enjoyed working under her she did her homework she them thank you and i have nothing against anybody else that's on here i just don't know them so well ok so i would like us then to switch over to sixteen thirty eight this sounds all too familiar money money money going out to pay for questionable and in some cases judiciary adjudicated wrongdoing  by employees in the county folks in the community and wondering who's paying for all of this i think that should be said in a single sentence so that they will know i don't know what this issue was about i'm talking involved in this executive sessions so concerned citizens were blocked out whatever the context that was including me and i complaining about them acknowledging that i wasn't there when the material was being addressed what's happening with the money for this if it sounds familiar that the county is hiring special  legal attorneys take that in order to go from what starts out to be a cost in this case fifty thousand dollars and is now up for a requested a one hundred twenty five we just went through all of this with the injection wells up on the west side that y and also went from a lower number which was a big number to the majority of people in this county but it went up to over two million dollars shouldn't be new to anybody listening that the majority of people in maui county don't have that kind of money seems as though maybe they're being asked to cough it up for this and not having a voice particularly in that so when i ask you to be very careful there are two terms in here that we keep hearing one is that the money that the  attorneys coming in are asking for it reads very carefully not to exceed that amount then they exceed it by four and five up in the amounts something's wrong with that what's the pattern with that and now we're faced with that same pattern this morning an item sixteen thirty eight starting out of fifty thousand dollars and now they're asking it to go up to one hundred twenty five thousand dollars there's a vivid pattern there and  just it's a boy out of whack of what should be taking care of the folks in the county so i would ask you to be very very careful about that people in the county may not be mathematical geniuses but they do understand i'm here in support of understand it to me on the commission for the water department you know i have the honor of the ninety's lady for a couple of years now and i'm very knowledgeable one at the water and she knows in the knowledge of every well every private sector everything there is to know about the water maybe more than the water department knows about itself so i would like for not because she's on any group are what you guys are going up you know pienaar for it but you  this levy has no water she lives on kitchen man and you know what she's she's a just a brilliant lady you know and everything about her you know she could literally run that department so for that reason i'm  supply she has boundless energy and she does tons of research so she knows her stuff she's well known as having a wealth of knowledge regarding water issues and provides a historical context for those water issues and for people at the department of water supply i was thinking about this and i realize that one of the reasons that she is such a valuable contributor to the organizations that she participates with is that she insists on the facts even when those facts do not support her own position on an issue and i think that that's really valuable for any she's highly up the call and if any conflict of interest were ever to arise should be the first to raise the issue i believe that the board of water supply would be stronger with lucy and an a and i strongly support her appointment testifying on committee report sixteen dash forty two good morning everyone this is the c n d nay and i'm testifying as a private although i think many many groups that i'm affiliated with would support you adopting the resolution to urge passage of the state legislation to assist farmers and ranchers and in complying with the f d a food safety i know our representative from district thirteen linda kuwait has been working on this our federal government has good intentions in making sure our food is safe i think we all support that but it's the one size fits all sometimes as we've seen here in mali and so we really need to give that boost to our farmers so that they can compete because you know they are living in a twenty first century economy and a lot of them have been doing things with their families certain way and you know it's going to take money to invest to get up to speed with these procedures so i'm sure this is a no brainer that everybody wants to support it but i know how much it means to the folks on molex also folks out in harness some of my friends went to hell to you know get their honey permit it is illegal so  call you take one horse blanket any further tests from fires in the gallery there's any one wish who has not given testimony wish to come forward and then you can sign up later seen on and knowing that our district like to enter that into the records there is thank you go ahead mr mystic chair proceeding with minutes you have before you for approval the minutes start the regular meeting of february fifth twenty sixteen mr report number sixteen dash thirty seven he recommends that the bill entitled the bill for an ordinance amending fiscal year two thousand and sixteen budget for the county of maui as it pertains to estimated revenues department of finance county cost department of parks and recreation park maintenance program golf course program golf on total operating appropriations and total appropriations operating and capital improvement projects be passed on first reading and be awarded to print counsel to provide a status update in this case your committee also met on february fifth two thousand and sixteen and march fourth two thousand and sixteen to consider a request to authorize seventy five thousand in additional compensation keita and go to lp as special counsel for the individual defendants in this case for total compensation not to exceed one hundred twenty five thousand according to the proposed resolution the additional compensation is for discovery depositions pretrial and motions your committee notes the county has removed the case to federal court at your committee's meeting your committee was informed by the deputy corporation counsel that the initial pleadings had been filed in the case with the motions pending before judge leslie kobayashi special counsel had filed a motion to dismiss most claims against that if individual defendants in the county had filed a claim alleging abuse of process had countered your committee voted eight to zero to recommend adoption of the proposed resolution and the filing of county communications fifteen cash to one nine and fifteen dash two fifty seven chair on march fifteenth this week two thousand and sixteen judge could be as she entered in order dismissing the entirety of the complaint at this point the dismissal to the members whether the proposed resolution authorizing additional compensation for special counsel is still needed notwithstanding this dismissal of the case ok hang on what i could would we require a few minutes to review ok what do we take a five minute recess and let everyone take a moment if you don't mind which to go to review what we've just received and then we'll five minutes enough but ok let's go five minutes and then w a federal district court judge leslie kobayashi dismissed the case without prejudice i'm just going to read to you from the order because i think that best summarizes what job judge kobayashi's perspective was on this case and i have here is a very good as an accurate assessment of the case and i'm on page twelve of the copy of the order that i have you've been provided a copy to which is a different format than what i have put and let me see if i can find you quickly where i am in the order that you have yeah the format is different here's what i'm going to do i'm just going to read from you because of the order that i have which we printed off from west law on line i'm not sure where this copy of it already which we printed off from the district court's docket the copy you have is a all right in pertinent part the court judge she found the complaint in the instant matter does not comply with rule eight i'm quoting from the opinion and as an impermissible shotgun pleading and allegations they are an acceptable way to fix planes plaintiff being mr sale on that what he believes are the wrongful actions of the maui county officials and their associates and then he tries to connect these allegations to legal fees from a separate case a lien on his property and a subsequent foreclosure plaintive does not explain the legal fees or the foreclosure nor does he establish a causal nexus between the alleged mismanagement by now we count of the three lots where less progress and that harm that he allegedly suffered moreover the one hundred thirty three page complaint with its six hundred four number paragraphs and one hundred thirty one pages of declarations and exhibits is meandering repetitive confusing and at times in comprehensible it consists of a seemingly en series of statements that plaintiff insists trace the relevant history of the instant lawsuit after reading the complaint multiple times our ever the court is still unsure of number one what many of the claims are and number two the grounds upon which many of the claims are based in the court went on to dismiss the complaint without prejudice she's given him leave to amend whether he will be able to do that in a fashion that the of the complaint she has dismissed them with prejudice noting that the criminal statutes under which mr salem has tried to make allegations he has no standing to make claims under so they've been dismissed with prejudice and those are allegations of on his services fraud and perjury and obstruction of justice those claims have been dismissed with prejudice so that's the status of the case at this point i have conferred with special counsel we have had some strategy discussion as to how this is i don't think i need to get into that here because at this point the ball is squarely in mr salem's court he's going to have to start drafting from the ground up and see if he can figure out what claims or we're not confident that he will ultimately be able to but the case remains open and he's going to have an opportunity to do that so we would request that the  resolution for the additional compensation for special counsel be passed in the event that this case he's able to rehabilitate his complaint and the case moves forward but again we have serious questions as to whether he's ultimately going to be able to do that i don't care i'm happy to take any questions ok thank you much to bill really do appreciate your clarification to make it simple and before we continue our take a point to prove personal privilege the final score of seventy immediately put it all together because it sounds as though it's very long winded on the initial complaint whether they cannot take the time in a sufficient manner to to file an amended complaint on file which he had filed previous to this order coming out and basically the motion he has submitted or the amended the proposed amended complaint he submitted with that motion is exactly the same as the complaint that was just dismissed but he just added more allegations to it so we we do have to oppose that if he doesn't withdraw it he will be asked to withdraw it because obviously it's going to suffer the same fate as the complaint that just got dismissed but i can't give you any predictions as to how long the litigation might go on i mean he's been given an opportunity opportunity to amend his complaint and he may be able to pull a rabbit out of a hat and do that yeah i think it's sometime in the latter part of april through the hearing on his current motion but to answer your question i don't know if i may answer your question i really can't tell you i understand that there are some there have been some difficulties which don't have to do with the substance of this case on that end which i won't get into here but we fully anticipate he's going to persist i mean he's been around for a long time this is one in a string of lawsuits that we aware of that center around the same issue so we don't think this is just going to go away and he has the option to appeal as a reporter decision now right which you've been passed out so he can appeal it as well which is something i would anticipate given the energy the history and the investment that has been put into this case by the plaintiff so there is a motion pending that is going to be heard in april correct if i mean mr it was meant to sum it up a man and you were a lot more questions but i don't think we need to get into more questions if i'm correct you want to be hearing from my layman's term that we are in good footing right now but the case is not over ask i'll go forward but i would really like to call for the question on this to something else really burning in anybody's mind seen then with no objections will call for the question all those in favor seen the five by saying i  committee report number sixteen thirty nine from committee of the whole recommends that the resolution entitled authorizing settlement of u s equal employment opportunity commission vs county in mali police department at al civil number thirteen dash zero zero six nine eight l e k k s c b adopted month but share moved to adopt the recommendations and report sixteen dash thirty nine i as amended the purpose of the proposed resolution is to authorize the department of corporation counsel to settle the case it deputy corporation counsel provided a brief overview of the case it was noted that in two thousand and nine mr applied for a job with the department of police and was not hired mr sandstrom alleged that apartment did not hire him because of his age mr sas firm was forty five years of age and at that time when he had applied t equal employment opportunity commission then followed the lawsuit on behalf of mr sandstrom following an executive meeting your committee voted to zero direct recommend adoption of the proposed resolution i asked for the members support of my motion eyes and one excuse mr clerk for the record resolution sixteen dash thirty five committee report number sixteen dash forty recommends that the resolution entitled authorizing the settlement of claim number at three zero one five four five six zero two eight six dash zero zero zero one zero first insurance company of have a limited on behalf of  of corporation counsel to settle the claim and those morales ensure ensure first ensure first insurance company of hawaii ltd on behalf of his insured for the amount of twenty one thousand two hundred fifty dollars and five cents they claim alleges damages to miss morale is vehicle resulting from pollution with the department of police vehicle on new avenue kahlua maui hawaii on august eighth two thousand and fifteen the cooperation council provided the proof overview of this case and it was noted that a police officer ran a red light and struck mr maher alice's vehicle causing damages she also said that the county acknowledges the responsibility of the the accident and there and recommended settlement amount to represent the total paid by the insurer and the duct of all paid by miss morale assists we did hear from the department of the police department as to the chief did mention that there are provisions that are in place that if accidents occur with officers they go through the training drivers at so based on the information received and the recommendations of the department your committee voted eighty zero to recommend adoption is that the proposed resolution i ask that the member support a motion thank you but you wish to go as many questions or discussion seen all those in favor of of times qualified law enforcement officers that were permitted to carry concealed firearms the complaint further alleges that on to on july fourteenth two thousand and thirteen  detained and physically and mentally assaulted and their private hotel rooms are unreasonably searched and their property seized from them they claim a complaint further alleges that the plane of suffered violations of their constitutional rights as a result of actions by the county employees plain of seat general special and punitive damages and reimbursement of costs and attorney's fees your committee further notes that the police commission reviewed the matter pursuant to section fifty two dash eight and h r ass and determine that these employees are entitled to legal representation deputy corporation counsel provided a brief overview of the case and advised your committee that the department had reviewed the the documents and other discovery to da and on that basis had determined that the employees were acting in the course and scope of employment and in good faith the department therefore recommended the employees be indemnified based on the information received and the recommendation is of the department your committee voted eight to zero to recommend inductions of the proposed resolution i asked for the member support of this motion thank you thank you any questions or discussion seen on all those in favor of the committee report sixteen  and one excuse to work for the record reza lucian sixteen dash three seven we have before you for your economic development energy agriculture and recreation committee committee report sixteen dash forty two recommending the following one that director lucian entitled urging the state legislature to support a bill to provide for cost reimbursement to molokai farmers and ranchers to comply with food safety modernization two thousand and fifteen to consider a proposed resolution to urge passage of state legislation to assist farmers and ranchers on molokai each and complying with f d a food safety minors the modernization act which congress passed in two thousand and ten and was signed into law by president barack obama on january fourth two thousand and eleven your committee noted that state representative linda cole introduced house bill to six five seven two thousand and sixteen at the request of of myself and your committee house bill two six five seven two thousand and sixteen would amend act three eighty seven one nine hundred eighty eight and provide loans and monies to be appropriated from the revolving loan program to molokai e farmers and ranchers to reimburse costs of f d a food safety modernization act compliance the bill has passed out of the house and is now before the senate the budget director advise your committee that the revolving loan program has the available balance of two hundred forty four thousand seven hundred forty seven thousand dollars in a chair this is a result of examining  this fund the molokai agricultural find a loan loan program in our budget and was brought to the e r committee to to resolve the issue as to what to do with those and considering the fact that there is no longer a molokai advisory committee for the loan program and other circumstances that have evolved over time there was a balance that had not been used and so therefore the only resolution to do this was to go through the state and have an amendment made so that those monies can be appropriated to molokai it for the purpose of responding to the f d a food safety modernization act compliance is so that farmers and ranchers can be reimbursed for their costs to comply with that act i would like to also acknowledge the assistance of council member oh we both including the council members worked very hard diligently on getting this forward to the state and lobbied for it to be passed out from the house to the senate now think this is good news that the measure has completely passed through and sometimes it's interesting our legislature is so far removed from what what's goes on on the county level as far as trying to explain today we're not asking for appropriations we're just seeing that you know change it so that we can utilize what we have and it and it fin y got through but i'd like to especially recognize our analyst sharon brooks for her commitment to follow through with this and working with me and myself and state representative  something that we can follow and see how this works out thank you thank you i was there the other day and donation was brought up by a couple other members also representative members and i fully support thirty eight committee report number sixteen dash forty three recommending to one the director lucian entitled approving and authorizing the execution of the park assessment agreement for the your committee met on february sixteenth two thousand and sixteen to consider the proposed resolution to approve the park assessment agreement for the kamani subdivision in ky hay maui the developer the comma lani ventures l c has agreed to satisfy the conditions of section eighteen point sixteen point three two zero of the maui county code by providing six point five acres of land and improvements for park and playground purposes as a condition of the subdivision approval of the development of ny ninety four thousand and wait sorry ninety four point three five two acres the subdivision is a is planned for approximate mood proximity one hundred seventy residential workforce housing units and approximately four hundred sixty residential market housing units including both single family and multi family structures the developer will provide two pocket parks compris of a total of one acre and five point five acres and improvements to expand the county's park which abuts the come along the subdivision i respectfully asked the council's support mr clerk for the record resolution number sixteen dash thirty nine you have before you committee report number sixteen dash forty four recommending the following one that the resolution entitled author guzman thank you chair your committee met on january twenty sixth two thousand and sixteen to consider the proposed resolution to authorize the tom morell it equestria rina a nonprofit organization to lease five point seven acres of county real property at the fourth marine division memorial park in haiku maui hawaii for the operations of the community horseback riding facility for a nominal rental fee of one dollar through june thirtieth twenty thirty five pursuant to section three point three six point zero nine zero of the maui county code that council may authorize the grant of the lease of real property at less than fair market value by resolution an officer of the organization informed your committee that the facilities open daily and available to any writing for a fee of sixteen dollars per month if the facility is available for organizations and insured groups to hold events  member l a cochran and i had the privilege an opportunity to conduct of site visit and found the arena to be well maintained although issue were brought up in the community as to drainage and other u be a looked at to i guess allow allow the arena to have more say and there is the base of the of the of the surface is what's very slippery learning a work in progress kind of thing getting more and more information via the community as this item works through the process and you know there's a lot of questions now there's more questions than when we first started and especially the use of the appropriation that was given to this to this organization to begin with so i would like to see further investigation into that or just an audit of some kind but you know hear the concerns physically maybe not the appropriate place to begin with what have you but i also see that there is a good sized part of this community that does utilize it in other matters  so and i take it that there's some people in the community looking for an alternate spot in order to accommodate that type but the type of course discipline such as roping rodeos style writing in another more appropriate location on this island so i am confident that we can look into how many's have been used in the past and vet that through but keep this marina open for the users that can use it safely today and then look for an alternate spot for the other type or ridership that is more appropriate so at this point i will be in support to move this out i just feel there could be a part of the loss if we do not for that commute that part of the source community is already utilizing it so with that but definitely will be following up in an alternate alternate solution for the issues and concerns that were brought up especially by mr boortz today so thank you very much thank you any yes mr coach thank you mr chair and i too have some concerns based on the testimony we heard today thank you so i feel very confident we can pass the salt and find out exactly how the monies are spent and what areas and and a community can rest assured that this question in reno will continue to be open until we get the answers and once we get the clerk for the record resolution sixteen dash forty you had before you committee report sixteen dash four five recommending the following one if your resolution entitled authoriz six hundred a lower cool road cool of maui hawaii from maui federal credit union for one point two million the gym is currently leased by the county the director of parks and recreation informed your committee that the gym can consist  that where the subject matter is basically enclosed wooden structure with a basketball and volleyball court is the only public gym serving the cool area and he also added that it's fairly weathered and has been heavily used by the public within the last few years more than a few years the director also stated that the department plans to do an assessment and do repairs on the building including work on the floors roofing  back doors and bleachers in fiscal years twenty seventeen and twenty eighteen your committee also notes that section three point four four point zero one five b of the maui county code requires a authorization of the council be by resolution for the purchase of any real property with the purchase price exceeding one hundred thousand your committee also notes that funds for the purchase were appropriate in fiscal year two thousand and sixteen during the budget and i respectfully very much i'll be brief because we have already discussed this but i would again like to thank counsel for the support and it ministration but in the many other in the budget in the first place and it sounds like this from everything i've heard and everything i know this is a very back played basketball up there and it's one rules engine james that really brings back a lot of memories when you play in there the wall so close that if you drive too hard you end up in the wall so i rather enjoy if you know i rather enjoy it so i think this will be a great i said not only dash for one you have before you committee report number sixteen dash forty six recommending the following one that detail in title a bill for a new ordinance repealing chapter thirteen point zero for molly county thousand and fifteen november third two thousand and fifteen november seventeenth two thousand and fifteen december first two thousand and fifteen december fifteenth two thousand and fifteen february second two thousand and sixteen to consider the proposed bill from the department of parks and recreation to review to revise the provisions of the maui county code dealing with the regulations and management of the county parks and recreational facilities or the proposed bill repeals chapter thirteen point zero four of the maori county code and establishes a new chapter relating to the use of parks and recreational facilities but deputy director of parks and recreation informed your committee that the proposed bill is the culmination of the department's two year process of considering of considerations by the public and the department concerns with the permitting process and facility regulations among others the proposed bill includes ads to the way luke who a list of the county parks work consumption of alcohol is prohibited except as authorized by permit lease license or concession number two streamlines provisions regarding refreshment  concessions also establishes the following for permit categories community class general use government special events and also allow the department to rent equipment to be taken off county property as well as rental small equipment to nonprofit organizations and addresses the had no handling of feral animal colonies i respectfully ask that this council support the community's recommendations thank you chair clerk for the record bill number thirty twenty six again you have before you committee report sixteen forty seven from your holidaying human services in transportation committee recommending the following entitle a bill for an ordinance repealing chapter three point three four molly county code relating to the rental housing development revolving find the past in first reading and be ordered to pray and to that miscellaneous communications be filed entitled a bill for an ordinance repealing chapter three point three four mostly county code relating to their rental housing development revolving fund which would repeal chapter three point three four county code eliminate the fun and transfer the balance to the affordable housing fun the rental housing development revolving fund was established in one nine hundred ninety by ordinance one nine hundred eighteen to deposit all county rent to housing project rent monies in excess of expenses for the purpose of developing rental housing projects the fund has remained dormant for the past fifteen years and the current balance is fifty two thousand seven hundred seventy five dollars the corporation consul stated that development of county rental housing projects is a permit it use the affordable housing fund their for transferring the balance into the affordable housing fund would still allow the balance to be used for those same goals your committee recommended passage of the proposed bill and firing of the communication members i ask for your support thank you chair ok moving right along mr clark i'm sorry mr jeff with the record that was billed number thirty one twenty sixteen thank you you have before you from your policy an intergovernmental affairs committee committee report number sixteen nash forty eight recommending the following one that the resolution entitled appointment of members to the fire and public safety commission for the county of mali be adopted too that the resolution entitled appointment of members to  be adopted three that the resolution and title appointment of members to the county commission on persons with disabilities be adopted for that the resolution entitled appointment of members to the planning commission  adopted five that the resolution entitled appointment of members to the police commission for the county of six that their resolution entitled appointment of a member to the real property tax review board for the county and be adopted seven that the resolution entitle relating to the appointment of pearson hammon to the commission on children and youth be adopted that the resolution entitled relating to the appointment of lucy feinberg to the commission on children distributed during the council meeting today with respect to the second of ten proposed resolutions attached to the committee report entitled appointment of the members to the advisory committee for the county i move to strike j dismiss name and smith provided written notification that she is withdrawing her nomination from the consideration a copy of miss miss correspondence is attached to mr vick to me as a member a summary form for the members information the revised proposed resolution incorporating the proposed a also attached to the form thank you if there's any questions first of all like to take me for putting her name out there and as far as that we drawl you see her or her reasoning for that any further discussion nominees and all of the council's nominees and was satisfied with their qualifications to serve i respect we request the members consideration of my motion any further discussion she none all those in favor accepting let's start with number one because you pulled it from the separated so i will go to you and see do you have a motion or do you have something you want to bring up i do not have a motion on this thank you ok so then i can make a motion then to move to adopt resolutions approving appointments in items one and not one in ten  the fire and public safety commissions is their second thank you chair and this is a very heated discussion during committee as i was there and this is not to be you know slating any member that represents a search and just you're going to as difficult on we did have intense discussion and it was not i'd like to just continue to to express that had nothing to do with the individual and we've we've also have  appointment for the police commission we've never had appointments to the fire commission retirees off the fire department nor from the retirees friend to police department and to the commission and i still am not in favor of opening up the doors for such but we have we have we are not allowing this to happen you know members they voted according to what they felt was right for them and i have met with the individuals individually they totally understand but felt encouraged to continue to serve because  encouragement from the mayor of ministration as well as other members but i will stick to the fact that we will be opening the doors for other retirees to serve on the commission whether or not that's a good thing or a bad thing remains to be seen i'd also like to make no if i may on this particular appointee as well as the appointee that we've passed for the police commission it is that thing personal i have a very close relationship but i see the response from my people of mr chair and i echo mr bell's comments and i you know i didn't say it in the one in the motion before because you know i made the motion so i can't speak against it and i did vote for it  whole adding a former police officer to the police commission we did not do that for a previous former police officer but this case was a little bit different because he was under a different chief this foreign public safety if you look at our county charter page fifty four section thirteen dash two number three it says the basically that the in making a point is to all boards and commissions the mayor shall give dude consideration to the balanced geographic representation i have to say that in my opinion the mayor did not do that woefully so there are sixty thousand people in key hay at one time thirty thousand residents and about thirty thousand tourists and key has no representation on the the fire public safety commission time has two members so nothing against nothing certainly against mister i spoke with him on the phone he's fine my other issue one so i would entertain a motion or i mean i'm sure i will make a motion to move travesty to exhibit see if i would get a second that would be cool to be moved by apologize i made a mistake you guys got me confused nor my vote should have been no i apologize i made a mistake you guys caught me on down with became just a quick i apologize that's my mistake three time there were some conflicting i guess concerns and issues in regards to this nomination and we had corporation counsel deputy first crucially here who stated  herself if ever a certain item comes up in regards to any litigation matter or it's the mean of conflict of interest and as people have shared that everyone's extremely confident that she will take that opportunity to state so and to recuse and when appropriate needed in any event that should occur because that is a big if and it's so that the points  the decision making process a process to be here were vetted out i think present corporation counsel may have differing differing comments in regard to what was stated during the community level so  and very very confident not just with her knowledge about the water here issues in this county and abroad but in her i have faith that she will recuse if need be if there's any any hint of some time or conflict of interest going to be occurring in the deliberations within the board of water supply so with that i just want to put forward my recommendation continue to support this nominee to be on our board of water supply  it was contingent that she would have to talk questions to mr taylor constantly withhold maternity or as we all know we've all served on boards this is not the case most of the board discussions  matters at hand she is willing to recuse herself if there is any hint that there is some conflict of interest there's no problem she knows that a direct question to mr taylor strong concern from our county i agree with that as well and in fact if we had nine members with her extensive knowledge and strong concern on the board of water supply we would have a much better board of water supply my sole concern is because she is the president of an organization who sits across the table from the director in active litigation that speaking of common sense that makes no common sense to have somebody who would have access to potentially confidential records being on the board of water supply being able to use to be on the border where the water supply and then sit across from the director and challenge his legal findings that was my concern from the beginning my concern is also with the advice we got from corporation counsel as a as a matter of fact i quite frankly thought it was if the best but i'm not a lawyer so i'd like to ask mr wong to reiterate the court counsel's department's stance on whether or not the board that they're suing it just doesn't make sense if you want before you get started ask others if you have specific questions for mr wong now's the time so that he can address them all as much as possible in public i want this done in a public venue not of words we may have to go into executive session but only predicated on the fact that it will be some matter that is indeed a kitchen ok so i am not wanting to going to executive session unless it's a would probably be a great asset on the water board however when we were making this decision i asked the question about the conflict of interest and the committee was it but that it was not a problem so if there is take questions from us my guess is how often do you predict that certain situations me occur on the board of water supply with miss any being there in some i don't know line of questioning as to do it active litigation to the point where should serve to be useless to even be a board member because most of the time she can't participate i mean i'm just trying to figure out instances where her you know her participation will just simply won't be approved or allowed because of those types of scenarios so they might kind of start your question ok yes any other questions before i want to start moment but let me take you through a freak few steps and maybe i can help you understand how the plex cities of the issues you're confronted with and the difficulties of the presentation and how you anticipate how things may or may not occur let me start with reciting the obligation that i have by charter eight dash two point three subsection to be the chief legal advisor and legal representative of the county of maui of the council the mayor all departments  and all boards and commissions and all of the offices employees in matters reading to their official with that i move to the responsibilities of the board of water supply in particular section eight dash eleven point three the board of water supply shall act as advisor to the director of the department of water supply the mayor and the council in all matters relating concerning the counties water systems section eight dash for a dash eleven point four powys duties and functions of the board of water supply the board of water supplies shall one review and submit to the mayor the department of water supplies request for annual appropriation for operations and capital improvements at the core of the board of water supplies responsibilities is to address the department of water supplies requests for the annual appropriation for operations and capital improvements outs of financing capacity of the department of water supplies why is that important at the core of the operation of the department of water supplies its financing capacity and its exploration of water issues what you have before you is an awkward circumstance i'm not going to tell you that the previous opinion from my deputy is inaccurate the opinion you've got is that there's no conflict with the code and our charter and i will agree with that that our charter provisions that as it deals with our code and i'll you different provisions in that code and i agree with them that there are circumstances where mr name may be able to recuse herself from voting but i'm going to tell you in the next few minutes doesn't necessarily overrule what my deputy has presented i believe it's consistent with what my deputy has presented the presentation that you received was if you look at our rules there is there would be no apparent violation of those rules if you would ask the board of ethics for an opinion on whether or not mr ne in her capacity have a circumstance where a member of an organization is asking for an appointment to a very significant commission what you have is the president of an organization tomorrow the feis chair of a statewide organization the sierra club both roles are entirely different than a simply a dues paying member that receives a magazine and as part of the membership you have an individual that is in a decision making role for those two organizations and they decide whether or not and she can correct me if i'm wrong they decide as the president of the board and as a vice chair a board on whether or not to file a legal cause of action when you have the capacity on behalf of an organization to influence your organization whether to file suit or not you are not sitting home in the same role as any other member of that organization so i offer to you an awkward circumstance i offer to you that you have someone who has a heightened role that you should have heightened scrutiny for that you should look at very closely the appearance of impropriety is keen that access to information that she may or may not have is also key is it possible that in the board position on the board of water supply that the president of an organization that frequently in the past and currently has brought legal claims against the county of maui can that person have access to information absolutely can we foresaw every circumstance to prohibit that from occurring we can try very hard but is it going to interrupt the operations of the business and the and the functions of that board i could venture to only guess we're not to know unless and until the person is in that scene you're charged with the responsibility to be able to determine and place someone in a position that is awkward to say the least if you want me to discuss the particular legal matters that are pending before the county i'm going to ask you to move into executive session because some of those matters are active and legal strategy may be compromised in an open session so i will not at this time discuss the pending matters that those organizations be able maybe involved if you have any questions for me directly i welcome welcome any questions with an answer ok thank you mr wong i want to do as much an open session as possible i want the public to see that we are transparent but again i repeat if we get to the point where it has to be specific on litigated items then i will call for an executive session i will start with you and i'll keep it to just two basic questions and move on because i want everyone to have an opportunity and if you don't have a question you can yes she's on the board and then somebody other than those organizations sues us for making that decision because of a financial situation are interesting hypothetical in terms of anticipating a third party claim against you for the decisions you make on the floor it's very difficult to for me to  address it aside from saying we receive litigated claims on a regular and consistent basis whether or not someone files a claim i cannot predict that is it conceivable that you could be identified as a defendant for the decisions you've made yes is it conceivable that you could be identified as a defendant and  receives indemnification when there's any legal matter before the county so the short answer is you may be depending on the circumstance open to exposure and this body decides whether or not to provide that indemnification that's the best way i can answer that thank you mr wong the last question you said i could the member of an organisation that has a decision making role i do know and i have said in the past that being member of an organisation where you simply pay a do receive a magazine and is part of a general membership i have in the past said that that type of membership does not concern me that type of individual does not have decision making capacity for an organization like the sierra club and molly tomorrow the distinction that i draw is an executive member the president vice president chair vice chair that has dual direct influence on the over organization to determine whether or not that organization is a claim or not that's the type of individual that i have a concern and it's an awkward concern because that type of individual nine times out of ten has the ability to influence that organization to file suit or not and it is the litigated claim that i'm concerned about and it is my role the chief legal adviser for the county to raise that as an issue for you to consider in your deliberations i do not have a  mentioned however are we thought serving on different boards and when there is discussion our possible conflicts we usually disclose that so member if there is possible conflict about the discussion of the agenda or what have you because it appropriate enough for the board member to to disclose if there's a but are we say hi kents but are we saying that existing litigation matter mitigating matters involves the set morning for the first time took a look at two websites one is a sierra club website the other one is a ma it tomorrow site very first time i ever looked at it today in both websites it identifies is president obama tomorrow and the chair device share of sierra club that's on their active website as of this morning a board member that has a conflict should prior to deliberation on any matter voice that apparent conflict and raise  it in an open session such that the board members and the general public can be made aware that that individual has a conflict that individual then needs to decide whether or not he or she will participate in the discussion and also will need to decide whether or not he'll she will vote on the matter if the item is so in that that individual has a personal interests or as a beneficiary interest in some manner and that person should recuse themselves from voting not necessarily having  or being part of the discussion it is up to the chair of that particular governing body to discern whether or not that individual should fold or not i can suggest that the board  a conflict and i do know that the board of ethics has issued opinions that says you can be a board member as long as prior to any discussion of need noticed matter you reveal your conflict and you announce it to the world and then you can discuss so everybody knows that you have a conflict so yeah that's the short answer to your question or the other question so i missed all come up i just go right down the line if you don't mind you have any any question one potential scenario in german yes sir so thank  it's hard to make potential scenarios because it may never happen so we understand that what is an interesting scenario for me is the board ma decision this nominee participates in her other two organizations and then a decision to take county to litigation on the matter that came before the board is the county still view her as an office of the county whereby we would then still consider indemni ication and i think you'd be hard pressed not to indemnify because that individual fits into that category that i read for you as long as that the action is within the course and scope and i can good scenario being presented to this body for consideration so that is a likely scenario about for me i'm going to try and avoid it at all costs and thank you attorney's job is to they've got to look at all aspects and invite their client and and i think they've done a good job with advising this counsel and it's really up to us whether we move forward or it's and i think in this situation we have measures in place we as a board as a commission they go into executive session as well and when they do go into executive session they're held to the same standard as we are on the council if there is a breach of disclosure of that information then you have fiduciary duty issues that can be you know sought after that individual so i believe that there's measures in place the there's nothing that prevents any board member to file suit on an individual capacity the question  nay have the only authority to say yes or no their organization is going to file suit i very much doubt it i think she's probably one of many that vote or may not even be part of that decision that question or an answer has not been assessed by mr nay we haven't really been able to ask that question of her i don't know if it was no immediate conflict and i would assume that miss denay as an individual would recuse herself based on the fact that if they do go into executive session and and does pertain to very vital and imperative important information she's going to be smart enough not to be included in that and how and how often is the you know  water board of water supply involved and that highest level of disclosure of information i'm not i'm not sure but it  and comes very well supported we have lots and lots of paper on our desks supporting her nomination so this is very troubling and i really regret that you know we're sitting here having to do this because i didn't quite understand the legal ramifications when we made that vote and the only reason that i would not support it is because somebody has convinced me that i am breaching my fiduciaries duty as a council member that needs to was never answered so i do not want that to be counted as my two questions if i in order for me to properly respond to that i need to discuss the current litigated matters before for the council and i'll offer the identification of one without getting into why it's concerning for me and it is dealing with the consent decree and i will ask that if you want me to get into the details of why i'm concerned that and we would need to go into executive session  type language but will point out that the comments that mr wong has seen this morning is not correct it's not very accurate let me put it that way and i have all this of all these supposedly have you there called petition means their call you know being a party to their called so admittedly for starters is not president may be their bad rep say it needs to be updated very now but he has stepped down from those rules too early for their members points about that and i guess one question mr michael how did was on the board of water supply and also at the same time on the board of maui tomorrow also at the same time during the litigation having to do with water so where did that example fall into play with what you're trying to tell us today first question are you suggesting that the web sites for both organizations are inaccurate yes unfortunately non profits you know they don't have all the manpower in the world to keep things unfortunately updated but yes and that mr name is not the president of mali tomorrow nor the chair these thank you chair so as i stated earlier my concern was heightened as it relates to the board member of an organization are you representing today that she is not a board member of any of those organizations so at this point we still want to stop here at this point to me for verification on what's on the webpage versus what's actual actually  would you come down and clarify for this council and our cooperation council your position within the two organization has been discussed yes thank you for this opportunity i have not been on the board of maui tomorrow for ten years but i was elected in january thirteenth of this year to the maui tomorrow board after ten years so when all these litigations were filed whatever i was not a board member i was elected president at the same time and that is accurate that i am president of maui tomorrow as of january thirteenth of this year i am not vice president of the sierra club hawaii chapter vice chair or vice chair ok that that elapsed also january of this year i am a board member of a fifteen member executive committee of i guess actually no now it's eleven member executive committee of the state chapter of the sierra club and i am a member of a nine person but not an officer i'm conservation chair it's a committee chair of the sierra club maoi group so there's two separate entities the state is the overarching entity and then there's four groups of sierra club in the and some is than a all this talk in regards to your party's participation in these litigator matters or whatever you are not actually members you've cleared that up of these particular organizations  tomorrow is a priority to the east maui streams contested case along with the county along with a and b long with the along with a variety of people no one suing the county bag tomorrow used to kind of work with the county on water issues with not by a ha and i think that's one of the reasons that got settled which i don't know if you guys i'm kind of a peacemaker i would like things to be settled and moved on but you know our system is a work so tomorrow is not suing the county about water maui tomorrow just sued the county over and e i a s recently we agreed with planning director spence that an e a needed to be an ass for a particular development project and the cord agreed with it tomorrow is in settlement discussions and i actually know that that that's it that's the those are the two litigations that had to do with the county so one had to do with the land use thing where actually we agreed with the planning department but they didn't sue and we did and the other is the case not by a ha it tomorrow is a pla  in that has been settled as to the stream flows standards a action was recently filed asking the commission to look at those stream flows standards in light of the fact that  n s is no longer growing sugar cane because the decision was based on that level of use that will go to the water commission i mean it's not mary tomorrow never said oh the county shouldn't have you know water for its  treatment plant we were supportive of that as were who you know by ha i don't know it's a little complicated to try to discuss all this stuff but i think what mr wong was referring to is a sierra club is in an active litigation right now over the east consent decree maui tomorrow is not a party to that consent decree and you are not vice chair as you mentioned for decide anything on a board the whole board has to decide to go forward or not go forward thank you and just for disclosure i am also a member of sierra club i have a dues paying thirty five bucks year some or other so i mean does that dist litigation or settlement agreements i think there was a settlement agreement the conference held for the consent decree but we were not in the rooms at the same time or wanted each of the parties to be in the room at separate times so mr wong i believe was in the room and deputy assistant when we started out with judge cardoza and then we were just kind of dismissed into our separate rooms to work with the mediator so no i was on the mediation team for way back when we tried to settle it the first time and  you know once again at that time actually i think the county and morrow were kind of on the same page that we should settle this but the other parties weren't as agreeable i don't know i said a long history on this stuff i will say one thing though i sit on the board of the coastal land trust now i don't sit on the board but i was one of the founders of the land trust when we discuss things there they are held in utmost confidence i cannot mention them to any other organisation i cannot mention them to my own husband because we signed a confidentiality pat because it's like that is the essence of your trust as a board member so i am familiar with separating yourself as a member of one organization and a board member of another organization where you have a fiduciary responsibility to that organization that you are currently receiving that information from that being said  i agree that if a sensitive matter came up i think would just be more comfortable for all concerned to recuse myself sierra club makes you leave the room actually if you refuse yourself they just make it so you're not listening basically when you come back in  potential you know solution to all of this i would think that you'd get a unanimous vote if you were willing be willing to step down from both of those boards i know you only have one year left on sarah club but you can see our  concern and you know you would because there's potential that you'd be able to get some information that is not readily available to the public or even available to some confidential information that could then be used that's the only concern that's that's bothering at least some of us i understand that this board has a difficult decision and really has to weigh the entirety of their responsibilities  i just have to say that on principle having watched the board of water supply when it had full authority to approve everything the hiring and firing of the director had a member who was the chief operating officer of a very very large development company here who had a contract with the board of water supply this individual was on the committee that renegotiated that contract that his company was going to benefit from no one ever asked him to step off the board i think he conducted himself honorably i have looked at the eight employees of our various unions that have served on the planning commission that has ultimate authority over a make or break whether a project goes forward or doesn't make could affect their the people who pay their salary carpenters union or the i l w u those people have acted honorably they were not asked not to serve on that board because many of the projects they review really could have an impact on those that they are paid to serve i just think on principle that i would hope the council would trust me thank you ok q and a i think i'm going to stop that line of questioning right now ok i think we want to stick with the facts mr ne is the first thing we're looking at we're looking at the issues today we're not going to look back twenty five years ago ten years ago however you bring up some good points and thank you appreciate that  any other questions for mr nader rickly scene and thank you very very much do we truly need to go to executive session ladies and with mr carroll i believe that read it think of her as an an antagonist here but someone who can work with as she said peacemaker peace and also brings some very i mean for knowledge on board so i think real quick here please you know just stating yeah you know people can wear multiple hats and it does come down to integrity and i just for example you know people think that i know everything about my wife's patients but we don't talk about any of that and it comes down to professional responsibility in professional integrity and i've known missed in a for quite some time and i believe that she has the that and that professional integrity to compartmentalize close discussion if somebody has something really burning to say and put it in this manner like you meant my wife doesn't know anything i do she finds out from the public more than that and i don't so that's one issue but you know we all know our boundaries and i hope to me you know your biology i trust you i believe you can and all those of set out there and waiting with great list of banned i'm waiting to see what we're going to do we're going to vote right now so i call for the question all those in favor of representative stated that colleges purpose is to conduct research not to generate income the proposed measure would reduce the colleges and you were charges by approximately eight thousand they may sound like a small amount but it's a lot to them i'd like to also note that the water department supports the proposed bill and i respectfully ask for the council full support thank you chair but again further discussion i believe them during the committee deliberations as i was the no vote on this and i stated my my justification and basically not having to do with the entity and doing their research and educational components that they they do a good job on but it's  criteria as in a thousand dollars of charitable donations or in kind of ag income as you mention that's not what they're set up to do so that is why department of water did not give them the ag water rates and we are now inserting language in order to do my thank you thank you and the other comments and i'll close with saying that the your agree although i agree with what you're saying the chopper go bag division of the of the university of hawaii has been instrumental in helping us develop a number of crops or even finding cures and methods of curing diseases that have occurred throughout this state so that is my recent research in for support on this entity because it is an intricate part of our agricultural business throughout the state of hawaii so with no further ado all those in favor xing the five by saying i  eight resolution numbers sixteen dash forty two on through sixteen dash fifty one  transmitting to counsel twenty one contracts grants for the month ending january twenty sixth game restore calm and i apologise chairman  communication sixteen forty five from the of twenty four thousand five hundred forty seven dollars and fifty three cents in forfeiture fines from the department of the attorney general county communication number sixteen dash forty six from the chief of police informing the council of the receipt of twenty thousand three hundred seventy nine dollars and eighty cents from the u s marshals service county communications sixteen dash forty seven from the chief of police informing the council of the receipt of five thousand four hundred eighty dollars in fifty cents in  coach to fire on a communication sixty forty four forty five forty six and forty seven mitchell coming over the discussion any other discussion of all those in favor signify by saying i opposed that the moving on the clerk county communication number sixteen dash forty eight from the director of water supply transmitting to counsel copies of the department of water supplies money stories report and groundwater use report for the month ending february twenty that one excuse and rewrite almost the clerk mr chair the following county communications are recommended for the for all to the following committees as noted to your budget and finance committee county communication sixteen dash forty nine from the county auditor county communications sixteen dash fifteen from the mer transmitting to counsel the summary of cost items and a proposed resolution entitled approving cost items for unit fourteen ocean safety officers county communications sixteen dash fifty one from the director of personnel services transmitting to counsel report of the reclassification of positions that were transferred from one compensation plan to another for the calendar year tw to your economic development energy agriculture and recreation committee county communications sixteen dash fifty two from council chair white relating to improvements at baldwin beach park to your housing human services in transportation committee county communications sixteen nash fifty three from the director of housing and human concerns of transmitting to council a proposed bill in title a bill for an ordinance amending section fourteen point three four point zero nine zero and fourteen point three five point zero eight all relating to the exemptions and for the waste water assessment fees for facility expansion and collection transmission systems upgrade to your policy and governmental affairs committee county communications secure sixteen fifty four from the fire chief transmitting to county to the council copies of the molly fire departments master strategic plan twenty sixteen to twenty twenty county communications sixteen dash fifty five from presiding officer pro tempore victory no transmitting to counsel the matter relating to notification of counsel's opportunity to nominate an individual to the cost of government commission and sixteen budget for the county of mali as it pertains to appendix a part while the grant revenue schedule of grants by departments and programs department of police and commercial insurance company h cns community initiative grant program and sixteen budget for the county of mali as it pertains to estimated revenues department of fire and public safety administration maintenance program total operating appropriations and total appropriations operating and capital improvement projects bill number twenty seven twenty sixteen in the bill for an ordinance amending the fiscal year two thousand and sixteen budget for the county of mali as it pertains to estimated revenues department of finance accounts program total operating appropriations and total appropriations and these wonderful staff that is here and mr watts and his staff thank you for your assistance today and i gained the only other thing i'll add a point of personal privilege is global's i hope the lad tomorrow when and we had this this momentum continues for the state of hawaii in the county of mine because we're all so proud of them so with no further discussion and we do have a one thirty col meeting i will make sure that