very much chair it's been a long time i think i have been given remarks like two three years ago so i am very happy to do something this morning and i wanted to share with the members an affirmation that i use a lot you know we all have days and we've have a whole lot of them lately but it seems like we're working really hard trying to do something and it just won't go and so we try and we try and we say oh my god should i give up  and so this morning i'd like to share my favorite affirmation that i pull out in times like this and it's called don't quit when things go wrong as they sometimes will when the road you're trudging seem all uphill when the funds are low and the debts are high and you want to smile but you have to side when care is pressing you down quite a bit rest if you must but don't quit when life is clearly is queerer with its twists and turns as every one of us sometimes learns and many of failure runs about when he might have won if he had stuck it out don't give up though the pace seems slow you may succeed with another blow off in the goal is nearer than it seems to a faint and faltering man often the struggler has given up when he might have captured the victor's cup any to learn too late when the night came down how close he was to the golden crown success is just failure turned inside out the silver tint of the clouds of doubt and you can never tell how close you are it may be near when it seems court proceeding with the presentation of testimony on agenda items we've established limited telephone interactive communication that enables individuals from honolulu to provide testimony from our district offices individuals who wish to offer testimony from honolulu and you should now set up a district office staff individuals who wish to offer testimony in the chamber please sign up at the desk located in the floor lobby just outside the chamber door testimony at all locations is limited to the items office please identify yourself and introduce your first  we wanted to have a chance to take it back to the board to review those changes and we did so at our meeting on august twelfth we looked at the changes that had been made discuss them and approve them as a board so we're now all on the same page as far as this agreement and ready to move forward and we look forward to getting it finalized and having a  long partnership in managing this very special parcel i also wanted to just take a moment to express our mahalo and appreciation to the council member for member carol develop into the nonprofit organization and he's just been supportive of the process all the way along for ten years now so along with you know all the other members of the council we appreciate everybody support on this and we just really appreciate mr carroll for his diligence and insurance through all of this and it's come to a point agreement that will endure for generations now so it's something i think we can all be proud of i really appreciate all the support  we usually have mr crawford on as a resource during the time that items are called and regards to this particular lease i do have one question for mr crawford would it be  not so inconvenient for the organization to send every two years a an update to the council were you able to hear mr  whether it is whether you know just be a so appreciative that you guys are patient enough to work with us at least my committee through this long process and i'm very happy that we got to the end of the tunnel so with a lot of different obstacles thank you very much mr crawford mr clarke mr chair we have ten individuals who signed up to testify in the council chamber the first person to the testify in the chamber is martin vesey testifying on a committee report fifteen dash ninety one crops or bananas where we harvested over three tonnes last year over two tonnes of but it's extremely difficult to support a small farm doing just wholesale agriculture so we focus on value added products we make banana bread we make jams jellies and hot sauces and we sell these that are roadside fruit stand i'm also on the board of the east maori agricultural association and also on the board of the honda business council i travel to why i look good today for two main reasons and the first one is that i feel really strongly about this bill i support this bill i think it would help a lot of farmers on ag land in east maui the second main reason i came over here today is because i feel that the farmers on these maori haven't really had much of a say they haven't been part of this discussion yet it seems to me that the way this bill is being handled and discussed and hannah is primarily just in the honda community association on the hon advisory committee the usual emails that go out about these county meetings haven't gone out for the last two meetings the meeting that was held a couple of weeks ago we didn't want to didn't get to the big email and a lot of farmers weren't aware of that council meeting or that there  remote testimony and i didn't get an email for this one either so i have a feeling that email didn't go up to the larger group i know one of talked to many farmers on and they just aren't aware of this conversation and they they feel left out i emailed are you smart council member two weeks ago on the eleventh of august just after i learned that there was a blanket exemption for all of these maori filed  i along with many other farmers who depend on agriculture for a living felt completely blindsided we weren't included there was no communication there was no warning that this amendment was going to be submitted i'm still waiting to hear back from him so that i can ask to have a broader discussion with the people most directly affected by this bill and that's farmers living and trying to make a living on ag land let me say one more thing about the proposed amendment to exempt east maui easement we have significant hurdles in many ways and especially when trying to make a living doing agriculture i think it's still considered a hawaii state enterprise zone i could see exemptions for certain taxes or government burdensome regulations but the proposed exemption as it is is an exemption of opportunity targeted to a specific area and an area with many existing disadvantages we need more opportunities and he's now we not less i urge the council to resource centers i am testifying this morning in strong support of committee report fifteen daschle or zero seven i want to begin by expressing my sincere gratitude since my first day on the job i have found support and encouragement from this body have taken your constructive criticism and feedback to heart and implemented necessary changes to ensure this agency is more efficient more transparent and more accountable ghaly ocular provides a multitude of community resources primarily for unsheltered individuals and families but today i am focused on holly mcconnell while they are two hundred unit low income housing project that provides permanent housing to seven hundred fifty one hardworking maui county residents including many nurses teachers police officers and veterans the responsibility of ensuring holly mcconnell's continued viability is not one i take lightly nearly twenty years ago this county recognized the critical need to build affordable housing and in partnership with the state of hawaii the u department of housing and urban development and private investors we made it happen as the cost of living continues to increase the need to maintain available affordable rental housing is even more underscored moving forward and we will not waver in our stewardship of this vital community project and i humbly ask that you support your committee's recommendation relieve us of this burden and allow us to move forward with the resources needed to keep holly macondo operating safely thank you for your time entity i have received monies of grab my knees for the county can you tell me is that applicable to this portion or what is  applicable to so kali akio homeless resource centers receive annual grant allocations to provide for services for unsheltered individuals and families that is completely distinguished from holly mcconnell where we do not receive continual county support and there they are operated completely distinctly from one another it so so actually it's for your homeless resource centers to grant monies up for with the county correct morning council members my name is steve miller and is president of the board of directors of cali i'm here to testify in support of the rev the resolution before you today to forgive a debt  form of a quote grant loan from the county which partially funded the development of the holly mcconnell affordable housing project burst i'd like to thank the housing human concerns and transportation committee for supporting this resolution and special things to stay secret velo for taking on the daunting task of unraveling the history of this grant loan and all of the issues that confronted holly mcconnell working with the housing department of housing and and kako to bring us to this point today their forgiveness of this loan does a couple of things for kako and the county it helps to provide a stronger financial statement when it comes to requesting federal state and private funds to sustain operations and it provides additional cash flow to support maintenance and operations and a girl more substantial reserve fund which is particularly important in this era of declining government support for non profits and social services but it does not replace the federally funded c t b g grants which we have will continue to compete for you've heard in the past  emergency and transitional housing and support services for over fourteen hundred individuals a third of which are children and you've also heard from many of our clients and residents about how they've been able to regain their self worth and become productive members of the maui community thanks to god go staff it's programs in facilities so i think it's safe to say that most of you believe that the work that provides the mounties homeless population and the underlying economic a benefits that accrue to the county is something that we all believe in and while holley mcconnell is two hundred rental units provide housing for an additional seven hundred fifty of maui's low income residents it's a drop in the bucket of what's needed most of you would likely support creating more affordable randall's like this but to be clear these types of rental contract rent controlled low income rental housing projects cannot afford to pay traditional debt service they need to be government subsidized in order to be able to support below market round which is why debt service is typically defined as being the lesser of a fixed annual payment or a percentage of available cash flow as it was in the case for hollywood conor so in terms of creating more affordable housing it's possible with public private partnerships low income tax credit financing you just need the land that can be leased at a nominal amount and most importantly government funding in the form of grants and loans thank you very much for your consideration of the resolution before you  today thank you mr miller members any need for clarification scene and thank you for being here this morning mr clerk the next person to testify is alec mick barnett testifying on committee report fifteen dash one zero seven he'll be followed by doug right good morning and thank you very much for taking the time to consider the resolution my name is alec nick barnett treasurer of the homeless resource center and i strongly support voting on the resolution and i just really want to take the opportunity to thank you all very very much for your support of our organization so that's all i have to say this morning thank you i guess there's not much need for resolution for the forgiveness of the i'll take a slightly different tack than my fellow board members i find it interesting that there is such important and nearly daily conversation about the need for affordable housing in the state and particular and how many of maui i also find it interesting that like there are a lot of words being said and a lot of investigation a lot of reports to be generated especially out of the state but i think that it's more important that the county that the members are actually taking an affirmative step this is an action towards addressing this issue and trying to conquer the challenges it's not easy but the resolution before you today is an extremely important resolution and taking a step towards a committed established improving organization to meeting the needs for  able housing that's important and should not be underscored and i appreciate you taking the time to consider this this morning i finally recognize that this is a i think job doesn't get a lot of  support from private entities at least not in the form of coming in here and speaking to you and it's something that i applaud you for taking the initiative today and the bravery for your support of this resolution so thank you thank you mr wright members in a need for clarification scene and thank you for being here mr clerk the next person to testify is your leader your you for surviving on committee report fifteen one zero to which is that time or six twenty six seventy five when i received a letter last week the rain when up to one thousand fifty five so terrible i have some friends over here i'm boys and that's why we qualified to live at a low income house today when the rain when i really stressing because i work for a while ago elementary school as  mercy to reconsider their rent that way now i'm a tenant that really caring and willing to help a lot of my condition that land which is our second language i'm not trying to say anything but just the fact that morning county council chair i think the best way to keep my message short is just to read my testimony of the way my party's blood runs away with me i'm executive director at women helping women and i'd like to offer a strong support of kali and my holly mcconnell way ali as you decide to forgive the county's loan to this important organization on maui working with victims and survivors of domestic violence i have seen how critical safe and affordable housing is to these families simply put housing equal safety they are very often part of the safety plan we work on with our women there are very few options for some of the women we serve and we continue to be grateful for all of katie caylus programs and the choices that they afford our on our community that this program has had people in housing can obtain and maintain their jobs children do better in school families are strengthened these are positive multipliers for a successful community i bring with me today have handed out copies of additional written support from some of our staff members that went on women who could not be here today and i'm really grateful that you're considering this i think it's a huge positive thing for the county of maya to do i've spoken to many farmers over the past two weeks some had a question about the retail word retail used in the language of e a r seven as used in the ordinance it means a direct sale of agricultural products to a consumer it does not mean the passage of this bill will lead to macy's department stores opening up along the road to hana other concerns voiced to me were if honna can be exempted from regulations can haiku be exempted what about coolah is it possible to just pick and choose passages we don't like in the county code and press or council person to exempt us from those things i think the answer must be yes it is possible but the larger issue is should we allowing honna to have no regulation will actually lead to more growth the state law has no limits on the size of the structure there are no parking provisions origin of produce can be anywhere in the state of hawaii so if the testifier from hannah on august seventh was seeking to limit growth in the hannah district something i also support an exemption will have the opposite effect we're all paddling the same canoe here in my county whether we live in west maui molokai lanai or hanna and when a paddlers on one side stop paddling you start spinning in circles and you never get anywhere regulation is a good thing as hard as it is to comply at times i've had a few conversations with property owners here who feel they should have the right on their own property to do whatever they want to whatever that may be but we as citizens wrote zoning laws to keep the munitions factory from being built next to a grade school something the most ardent libertarian would see is reasonable i for one believe that in recent years the zoning laws have gotten too restrictive the state law that is a r seven is based on was a correction to overly stringent zoning the state left it up to the counties if they wanted to add back more restrictions and that's what a r seven does with input from actual farmers and ranchers this was written from a practical standpoint i still support seven and i do not support setting a dangerous precedent where portions of  can opt out of our county code members of the need for clarification thank you for being here this morning thank you mr quirke the next person to testify is eve hogan testifying on committee report fifteen dash ninety one should be followed by morning i'm even hogan a member of the ag working group the maui coffee association the flower growers association and the honor of the sacred garden in moscow while however i'm speaking on behalf of myself as a concerned citizen of my county and i'm speaking in favor of e a r seven the sacred garden is a retail agricultural business open to the public seven days a week i offer a beautiful nursery and peaceful sanctuary to the public free of charge as a community service and an example of the spirit of aloha a place where people can come get a cup of coffee for free i mean i'm sorry a free cup of tea or hot chocolate and bask in the beauty of nature in a safe environment this is not a problem in the community it is a service it has become a beloved destination for tourists and locals alike as well as schools churches and nonprofit groups the garden is free to the community but it is not free to my husband and i we have to pay a lot of money to keep this garden open so i have tried to find creative and symbiotic ways to mon service i thought i could sell my friend annette's locally made salad dressings and my neighbor coffee or mentally go state coffee mug states coffee but currently that's illegal a farm is only allowed to sell on ag land agricultural products produced from that farm e a a are seven makes it legal to support a neighboring farm selling county ag rather than just my own i thought i could add some garden related souvenir items for people to purchase however based on current zoning laws that is also illegal  it's illegal to sell anything other than agriculture this is a beautiful concept but a near impossibility for economic survival for several reasons one tourists can't take ad products home and two for local business as a nursery on the road to the middle of the middle of nowhere i have to compete with the big box stores who use agriculture as their loss leader selling plants at retail prices for the exact same price that i can buy them for whole for i'm wholesalers so a small business that is as a small business it's impossible to compete with them on price and still keep the doors open unless i can do the same thing and three the local population also has access to every farmer with an entrepreneurial bent who can post their things on craigslist e a r seven makes it legal for a farmer to sell a regulated amount of logo and value added items inspectors then came to my garden and told me that it was illegal because my five hundred square foot retail  space should have been under three hundred square feet as current zoning law reads they told me if i put a table out in front and sell my plants from the table instead of from the counter inside that that would be complying with the law however are seven makes it that small already existing real retail space legal so then i thought well maybe i could put a fruit stand up front because then i could sell the my proof out there in front of the garden and i named it eve's forbidden fruit ironically thinking that might be the only thing not forbidden however i was wrong the county came and said that my eight hundred square foot rolling cart was illegal and i had to remove but from the road when i complained to the county about the laws i was told if we let you do this small retail business on land long's drug stores are going to pop up all over the north shore unquote i started the sacred garden ten years ago and not one single long's drug store has popped up along the north shore they told me i would have to hire a consultant and get a special use permit the consultant quoted me twenty to thirty thousand dollars for that assistance yea our seven is not a free for all allowing people to do what none of us want to see done however our seven is a huge step in allowing small farms to legal per legally coach i don't know if you're aware but i didn't get from your testimony whether or not you were supportive of the proposed amendment that supportive of the proposed amendment i mean one of my things my favorite thing about the road donna is the fruit stands i love them and you know it and truly if the real law that we have now is in force most of them would disappear and this law doesn't allow  anything to happen it's very regulated small size controlled it's even going to impact me and a negative way because i'm going to have to also i don't like it either i would rather have the state law on its way because you can do county forgive the debt that agency has to pay as a shelter director for women helping women i can't tell you how many women and children have walked through our doors and they don't have a place to stay and they get to stay with us for a little while but they don't get to stay with us for very long and after they leave our shelter they need a safe place to stay and not just safe but affordable and you know there isn't that much affordable housing on maui so i can't tell you how wonderful it is to have so i'm in support of that of that agency i ask you forgive that debt it's a super great investment for our county for all of our vulnerable citizens that we have in our community and so i do ask that you i'm on the ag group i'm here to testify on fifteen desh ninety one which is the r seven and i'm totally for the r s seven and you know for the people that really don't understand what added value products mean you know for the people of hono i think they really didn't understand what the bill was all about because it was mentioned to me about having things from the philippines and china and this bill right now is to protect that happening we want things from mali colony not from from foreign countries and what have you but i'm in favor of the r seven i'm here to talk about myself but i mean favor of this bill thank you thank i am here in support of the bill as it stood originally i prefer to leave the amendment out i think that with the designation of scenic highway for heart our highway and for the support that we have gotten from the state and county for small business grants the tourist industry is considered a valid form of income and when people come out to the hannah area they do look forward to being able to stop perfectly not to be sick at the side of the road but to actually  talk story with some of our local residents these stands that have come up on land have been very beneficial to the tourist industry i have a bed and breakfast and i know from all of our visitors that they love the love heart of farms for a while that's one of the first things that always comes up but they also love talking story and having local food at all of the roadside stands and i would encourage you to pass the bill if it needs to go back to committee we'd love to see  goodman out in our area again we'd love to be able to talk story a little bit more with a little more advance notice and more publicity so that we can gather the people who are going to be affected by this thank you for your time thank good morning chair and members of the county council quick question may i have three minutes on each item not that i'm going to take three minutes on each of us and the first time i'd like to address is fifteen dash ninety nine i failed to mention i'm president of the maui chamber of commerce and on the unfunded liabilities that we really wish the merry chamber of commerce really wishes to applaud the county council for addressing and continuing to address our portion the state unfunded government employees health and benefits liabilities this has been an ongoing issue last i heard and to be honest with you i haven't kept up with it of late but we were at around twenty seven thousand dollars per every man woman and child in the state so we appreciate the efforts to understand where this is at to make payment on what's too and to have the state look at accurate reporting on this and so then if i can move over to the next item which is fifteen dash ninety nine give me fifteen dash one of seven we all know that homelessness is a huge problem and we all know about the amazing work that has been doing we know there are needed resources in this community and i don't  think the county or the community ever intended to see this organization with such a huge unfunded liabilities debt because they provide such great service to us so we applaud the council for looking out waiving the stat and ask for forgiveness of the and then lastly i wanted to testify on fifteen ninety one e j are seven and first commend the committee for working on this this has been something that's been in their committee for nearly two years we feel that it is very much in line with the county and state sustainability goals it's helps support sustainable agriculture it expands many opportunities for farm operations and it opens up more opportunities for value added products we need you know looking at the made in maui county festival we see such a need people are very interested in made in maui county products the residents are thrilled when they see more the visitors are thrilled when they see more and people look for more opportunities to find them and this helps them find those products also in settings that show how we go from farm to table that teach people about sustainability and help them connect the land with the food and the other products that are derived from the land so we really feel this is important it helps promote our niche manufacturing business and this is something very critical to all of us because this is where maui in hawaii can excel and there's real opportunities so it'll help us achieve our export ingles by not only gearing companies up to sell more locally that helps prepare them to then export state wide and into mainland domestic markets and international markets we also feel that this exposure creates many opportunities for our visitors and you know again it promotes the maui brand we feel that it creates many opportunities for our youth so many of  grew up in farming operations are wondering what their opportunities are and sustainable agast really important and this gives them more opportunities that connect them with other sales opportunities and that's really important because they used you know many of them are coming back from college and they're on the mainland and they're saying including my daughter love to come back home but i'd have to double my salary to live on molly and that stuff and especially in an egg operation that's really tough so all opportunities to help your cultural producers are fantastic it's also great to more in line with the direction that the state has already moved into and we feel that it's just good all around to be honest with you so much work has been done on this thus far we'd like to see this bumble who forward not be sent back to ability to either get their space is least oriented or as a planet to sell those products so what do you tell your members in those two categories that this is going to impact our members that are in commercial zoning and business yeah even those that are renting out space and commercial zoning because they have a mother competition yeah well you know the chamber of commerce we believe in competition we believe in market forces so you know yes we realize that some of our retail stores are going to have more competition for those products but you know in competition you have to look at what your competitors are doing so you know we believe in market forces this is another avenue for selling those selling those kinds of products and we think it's a good avenue it's actually in line with supporting something that we hold near and dear to our heart which is sustaining agriculture in mali is world is again if this bill goes through what is permitted on a you know it's going to impact assessments in taxation yes i mean the issue for you is either well in terms of i haven't seen with the rates will be i can't qualify that terms of whether that's going to be an issue for us or not but we understand that it is you know that likely there are going to be changes and i think you've heard from many agriculture producers and people who this bill would support being in favor of it and to be honest with you we also not me personally but my other half as a nursery business this bill can benefit many of the local farmers who are doing different types of products so i think that any time you know in terms of competition any new business can come up so people are always dealing with new markets all the time that's a constant but and then obviously some fall off and don't make it and our goal is to support and i think this is a winning solution to help support ag and i think it's a good thing yes if it changes the real property taxes or how you're looking at the ag tax by you ations that's something that as you move into more commercial opportunities i can see where the county would say that's fair what the rates will be and how we'll fill about those rates at that time i can't say at this time of us that's you know now when you share it with me we appreciate your response  your businesses would have preferred answers before decisions thank you jim any other mean for clarification members so you know thank you for being here this morning thank you to clear the next person to testify is everybody morning i hope you stay dry over the weekend in terms of page five in our agenda today item number fifteen dash one ten and their request it's a first reading today authorizing the mayor to enter into an intergovernmental agreement with the state department of accounting and general services to establish a sewer line maintenance and repair program at the linus civic  that island those manhole covers that are bobbing up and down because the system is overstressed over there makes me wonder who is going to be doing the actual work on this one i don't know that but it certainly bears looking into and especially member cochran transmitting the proposed resolution intitled urging the board of directors with the maui region of hawaii health systems corporation to require transparency regarding rate setting for patient services man transparency for anything that we're going to be doing why would we not want to share that especially with the people who are going to be funding at our taxpayers going back over the whole of this looks and discovered that speaking of transparency there are six items on today's agenda that are going to be having executive meetings which leaves people out i would love to think that maybe other than just leaving out the process as well as the people i understand we don't want to have any character misunderstandings standings on that but it would seem that maybe partial redactions would still allow people to be able to understand what the process is without having mudslinging anybody so i'd like to think that something that might be worked on and then there's another three items and they are saying not to exceed we've been over that again and again and again as proposals for money spent out and just keep increasing even though it says not to exceed those monies so we've got a population here that is very concerned have received some written testimony or is without objection will enter the written testimony into the record so ordered mr clerk mr chair without objections i would like to request closing public testimony at this time you without objections but both public testimony no objections thank you so ordered now we can proceed mr foote mr chair proceeding with minutes you have before you for approval the minutes of the regular meeting of june fifth two thousand and fifteen regular meeting of june nineteenth two thousand and fifteen and special meeting of june twenty second two thousand and fifteen mr goodman thank you chair i'd like to move to approve the regular meeting of june fifteenth two thousand and june fifth two thousand and fifteen regular meeting minutes of june nineteenth two thousand and fifteen and the special meeting minutes of june twenty second two thousand and eight saying i was opposed say no as your passage with nine zero knows mr clerk but the chair proceeding with committee reports you have before you from your budget finance committee the following committer ports committee report fifteen dash ninety eight seven we have before you committee report fifteen dash ninety nine recommending that the proposed bill intitled a bill for an ordinance amending appendix a the fiscal year two thousand and sixteen budget for the county of as it pertains to part two special purpose revenues schedule of revolving special funds for  fifteen dash one hundred recommending that the correspondent stated february twenty fifth two thousand and fifteen from the department of the corporation council attached here to be filed mr goodman theatre i move to adopt the recommendations in the committee of the whole department of corporation counsel to settle alvin f in charge deane the third versus state of hawaii at all civil number thirteen dash wind dash zero zero six to pray and to your committee notes that the complaint alleges emotional was later vacated your committee further notes that section three point sixteen point zero two zero b of the maui county code requires council authorization for any settlement in excess of seven thousand five hundred  innocence project filed the motion for a new trial on the bases that newly analyzed mucous evidence did not match mr giardina d n a the motion for a new trial was granted and mr jardin sued the county alleging malicious prosecution following an executive meeting your committee reconvened in regular session based on the information received your committee decided against authorizing settlement of this case your committee voted six to zero to recommend on august fourth two thousand and fifteen your committee met to consider a proposed resolution to authorize the department of corporation counsel to settle claims one eight four three one one five eleanor condo your committee notes that the claims a eges bodily injuries of a he clear damage and rental car reimbursement costs as a result of a motor vehicle incident on holley the highway on april thirteenth two thousand and eleven involving a county vehicle a deputy corporation coun provided a brief overview of the claim she noted eleanor condo was driving up country in a holley up the highway at a sharp turn in the highway a county vehicle was heading down towing a trailer because of the starkness of the turn the driver of the county vehicle was not able to negotiate the turn without crossing into the other lane and miss condo's vehicle was damaged by the trailer but county was previously resolved of the portion of the paint claim regarding the vehicle and the rental car reimbursement the department of corporation counsel is seeking authorisation for ten thousand five hundred to settle the remaining portion of the claim for bodily injuries alleged sustained by miss condo as a result of the incident following an executive meeting on this matter that your committee voted six to zero to recommend the adoption of the proposed resolution to authorize the department of corporation counsel to settle the claim for ten thousand five hundred i asked for the counsel support for the committee's recommendation record resolution fifteen dash ninety eight you have before you committee report fifteen dash one zero two recommending to the proposed resolution entitled authorizing settlement of kyoko armstrong versus disability compensation division case number seven dash grossman thank you chair on august fourth two thousand and fifteen your committee met to consider a proposed resolution to authorize the department of corporation counsel to settle kyoko armstrong versus county of maui disability compensation division case seven dash eleven dash zero one three one eight your committee notes that the claim alleges bodily injuries but hickey were damaged and rental car reimbursement costs as a result of the motor vehicle incident on holley highway on april thirteenth two thousand and eleven involving a county vehicle a deputy corporation counsel provided a brief overview of the case he noted that the plane of was a nutritional program assistant with the department of housing  human concerns in july two thousand and eleven when the alleged incident occurred according to the deputy she was preparing food for delivery when she was hit on the side of her head by a falling cooler sustaining injuries as a result following an executive meeting on the matter your committee voted sixty zero to recommend adoption of the revised proposed resolution incorporating non substantive revisions to authorize the department of corporation counsel to settle the matter under the terms propose an executive meeting thank you chair authorizing settlement of john m newell versus disability compensation division case number seven dash one three desh zero one five zero nine be adopted as goodman you chair moved to adopt the recommendations and in the com corporation counsel to settle john m newell versus county of disability compensation division case number seven dash thirteen guys zero one five zero nine your community notes that the claims alleges mr newell sustained work related injuries on august fifteenth two thousand and thirteen a deputy corporation counsel provided to preach a brief overview of the case he noted that mr newell was a housing quality standards inspector with the department of housing and human in cern's in august two thousand and thirteen when the alleged incident occurred according to dept to the deputy mr newell fell on a wet sidewalk while inspecting a unit at hull that kola gardens in ky hay hitting his arm following an executive meeting on the on the matter your committee voted zero to recommend adoption of the revised proposed resolution incorporating non substantive revisions to authorize the department of corp to settle this matter under the terms propose an executive meeting thank you chair i asked the support of the fund at all versus county amount is civil number twelve zero zero one nine eight s o m b m k and the proposed resolution to raise the compensation limit for the employment of special counsel by additional five hundred thousand for trial preparation motions trial and appeal processes and for the total compensation not to exceed to two million seven hundred fifty thousand committee know it's the first amended complaint in the case alleges violations of the federal water pollution control act also known as the clean water act and other laws arising of the county's operations of the injection wells the hine a waste water reclamation facility and seeks injunctive relief penalties and attorneys fees and costs the corporation counsel provided a brief update on the status of the case and emphasized the importance of special counsel's preparations participation as well following an executive meeting on the matter your committee deferred a recommendation on the proposed settlement resolution pending further discussion became you voted six to zero to recommend adoption of the proposed special council compensation resolution i asked for the council's support of this motion thank you chair thank you mr goodman members any further discussion have before you from your economic development energy agriculture and recreation committee the following committee reports committee report fifteen dash one zero five recommending the following one that the proposed resolution untitled authorizing the grant of a lease of county real property known as paragraph paragraph after the current paragraph number two and before the current paragraph number three to read as follows that on or before march first of each even numbered year  mamma shall provide to the council a detailed report showing compliance with all county and federal conditions during the prior two years and numeracy numbering the subsequent be it resolved paragraphs accordingly consider a proposed resolution authorizing the grant the fifty year lease for fifty dollars per year of the seventy three point two five acres cumulatively identified as tax mat key a print to one dash five zero zero sen seven call in zero zero one and zero one two in hanum alley hawaii two no mamma or all more than a nonprofit organization for the purposes of managing restoring and maintaining the natural cultural historic and marine resources of the property your committee notes that the property is historically significant having in dinges native hawaiian introduced plants important archeological sites and and also agricultural  terraces your committee further notes that the property was acquired by the county in two thousand and five for three million eight thousand with the assistance from the trust for public land the office of hawaii and affairs and the united states department of commerce the national oceanic atmospheric ad administration also known as noah by the resolution zero four dash one three four the council authorized the acceptance of two million eleven thousand eight hundred from noah to assist the acquisition of the property the noah finance assistance awarded the attached to resolution zero four dash one three four which incorporates by reference the county's proposal entitled land acquisition will they appoint hanum out of hawaii which also includes the no administrative special award conditions in brief the conditions require the county to make financial status and federal cash transactions and performance reports to know of your committee notes in that section three point three six point zero nine zero of the maui county code requires council approval of any grant of county real property the ma informed your committee that the brown prophet has been actively managing the property since two thousand and seven in your committee we were we had discovered and we worked on along with the corporation council office office the following actions which took over a period of two years and also in compliance with no as a request number one the deed conveyed conveying that property to the county was amended to reflect the property was acquired with federal funds and any sale lease or new converts as the property is subject to the approval by no number to a notice of the grant of lease was recorded and number three modifications were made to the lease agreement the deputy corporation counsel further advis committee that all parties are satisfied with the revised proposed grant agreement for the lease and the revised proposal lease complies with the terms and conditions imposed by the federal agency of no deputy no also noted that authorization  will and the obligations of the county and nominal to work together as partners with the county monitoring the lease to ensure ongoing compliance with no conditions and then reporting to the county the director of finance stated that department supported the revised proposed resolution your committee recommended the revised proposed resolution be adopted in the county communication be filed at this time the committee made made its recommendations that  approve the revised proposed resolution but in the interim would have the meeting in august twelfth i believe that we've heard from mr crawford that the the board has approved and is approve paragraph requiring no mamma or more there to provide the council with a detailed report every two years showing compliance with all county and federal conditions during the prior two years i respectfully asked the members to support this amendment for a job thank you charles meant and i believe that one of the process is what took at least my committee the two years was making sure that the organization was under five a one c status so that they would be then in compliance with the federal obligations some of the conditions and the federal level require that it has to be from a non profit so we also have to wait for documentation as well but i again i would like to stress that this has been ongoing for more than ten years so i'm just very happy and and very proud of committee to push through and got this done thank you thank you members any further discussion on the motion to amend see none and all those in favor of the motion please signify by saying those opposed say time to follow something through the commitment community of all those that stood with all those to thank you thank you and if mr okama chairman again i speak in support of the portion before the members that ministrations lack of appropriate follow through and again not following the appropriate process to get this type of requirement squared away from the beginning it should have taken ten years and  this correct it should have been done right the first time and just shows you again how this in ministration even where there was a ministration want to continues to ignore how to do it the right way and he disturbs me that committee for doing their diligent work but as mr bob mr carroll mentioned the community because it has been a long time coming and i recall learning from this entity in the west and  for and seen holiday progress and what were they doing in sort of a set though they were role model for others to follow suit and so i congratulate them for their extreme perseverance and all of this and thank them for their the motion of a motion for mr grossman a second for miss cochran goodman thank you chair this matter was referred to our committee transmitted by you yourself earlier on in this year and i believe the two thousand and fourteen your committee met on august fourth two thousand and fifteen to receive a status report on the progress of the upcountry dog park in hawaii your committee noted that the project originated by interested members of the public in two thousand and seven was formally initiated in december two thousand and twelve when they county designated a seven point five acre parcel for a dog park next to add memorial center in in two thousand and thirteen the department of parks and recreation agreed on a modified park planned for three point two five acres in the same area as you can recall member chair white we were part of this committee when  that item was first brought in a little more than a year ago it was a very dramatic and emotional committee committee meeting very disappointed members of the community put forth diligently with the new parks director who i must acknowledge all the hard work of the deputy parks director as well you're coming your committee also noted that department of parks and recreation has worked in conjunction with the volunteer group the friends of the country dog park to develop a well maintained self space for off leash dog activity your community discuss issues related to the completion of the park including concerns about lack of adequate water for the park the director of parks and recreation informed your community the department stall the water line connecting to the any temma morial center lines so that there will be water spigots for drinking water and portable irrigation lines and the park will rely on natural rainfall for further irrigation the director also informed our committee that the camp the park is scheduled to open on december fifth two thousand and fifteen following landscape work in the months leading up to the opening your committee recommends filing of this communication and i respectfully ask for the support of the members for this recommendation thank  there was any further discussion on this item i would just like to like the movie that we heard a minute ago this is required a lot of heavy lifting by saying those opposed say no measure passes with zero nose strickler you have before you from your housing human services and transportation committee the following committee report committee report fifteen dash one zero seven the facility itself i would like with your permission and the permission of my colleagues to we remove from discussion and as well as voting on this matter ok so be abstaining from the vote  or thank you chair moved to adopt the recommendation in housing human services and transportation committee report fifteen dash one zero seven  a motion from its control on a second from a spice screwball thank you chair the council's housing human services and transportation committee met six times during twenty thirteen and twenty fourteen to review the management of proposed forgiveness of all past due interest on the loan quarterly payments of twenty five thousand dollars on the principal loan balance which shell sees a curing interest and a review of the loan repayment schedule facility operations every five years to determine if a loan payments can be adjusted upwards the first proposed quarterly payment of twenty five thousand dollars accompanied the proposed repayment plan poured the loans principal and the remainder was applied toward interest your committee noted it appeared the loan had been ignored for a number of years and it had taken your committees and the department of housing and human concerns previous director and cooperation councils diligence to determine the loan status and investigate management of the project and repayment options your committee discuss the sufficiency and rental housing programs your committee was informed of various recent operation improvements and initiatives at the facility and that god has negotiated an end to the investment fund or to otherwise support the agency's mission your committee express renewed hope and support for the changes being made and the macondo or why all the facility know that the importance of the work being done by the facility despite their proposal to repay the remaining principal loan balance through quarterly payments of twenty five thousand dollars each with interest only on the loan to be forgiven your committee believes it to be in the best inches have to come to forgive the entire outstanding debt consisting of both the principal and interest relate it to the country struction of the facility your committee recommend that the resolution be revised accordingly your committee vote it five to zero to recommend adoption of the resolution as revise for the consul as opposed to part of this motion on the floor very good proposal to the county within their control and their parameters on how to deal with this obligation because a crowd of the county had to deal with its obligations you know i work hard with my eight fellow colleagues to ensure fiscal discipline and integrity in what this county as i don't work hard to wipe out and forgive that god does forgiveness bu ok so let me put it this way i think there's some merit to the proposal but i don't think it's at this point in time i think the committee needs to reconsider this and look at the whole program for the west i can see eventually us coming to terms with that because if that is the next step actually what is being asked of us is to forgive over eight million dollars of what i saw i assume was responsible people who had enough brains to sign a loan a commitment of a loan you know i can tell you my issues have been close to so i can understand their billet eat to perform and get the numbers of revenues to deal with their expenses i view it differently i think the board into their records made some adjustments i still think they came make it so that it stays in the black and i would be open to having them have the opportunity to show us what they can and can't do because i'm sure all the other organizations are watching how we perform or what we decide with this one so for me as your budget chair am i going to consider next budget cycle for grants to be four million dollars less if we give this can i be assured that at least maybe for ten years while they will not come before the county asking us for money since we are for giving them about four hundred thousand a year what does the county get in return from a contractual i think there is we should give them that opportunity to perform as what they have proposed in the new e d and i expect good results i expect the board to continue its discipline and moving this forward and then i will we remain open to additional funding requests but if this is the right want to go i can tell you i'm going to be very narrow in what i will be open to come next budget cycle very narrow but i don't think this is appropriate thing for forgiveness i think this is a time to support the organization and see if they can work out a plan to  debt opportunity and not give it that easy out and see it was just going to wipe out a four million dollars loan it's easy to be with the heart was going to help you find that four million  there's a lot of c a p we want in this county a lot operation improvements we want in discone so for me is what is then the game plan for get all eight million dollars as be honest with the taxpayers because we got to go back and find a way to make up money to give someplace else and i hope we think about those things before we make is this is insurance what is the end goal of this so strong i feel about this issue to me money isn't that simply a thing that we just you know wipe off will or books or it disturbs me help you some people look at  again on what i was forced to sign that agreement so let's see how does it go it was germany because i think we can come up with a better deal to support this entity and see how they're going to move forward and then make the appropriate adjustments as we move along i think their requests for a five year window i can be very supportive i think it's premature to forgive this  understand what he's saying i don't like giving up four million dollars and a promise was made and as he said you know some of the actions  s and you know people running the place were very questionable but it we now have a different board now have a different management and we now have a different counsel from when this this was originally signed i too grew to want to talk about fiscal discipline i am speaking in support of this as far as the fiscal discipline you know if we were to and i hope to live as long as mr okama if we were to wait for that four million dollars at one hundred thousand a year we're looking at forty years so if we were all around in forty years i yeah we could do something with that for four million dollars but let's look at it this way their organization paid almost one point five million dollars in interest alone almost interest alone mainly so they have been working on it even prior but if we were to spend four hundred million dollars i'm sorry four hundred thousand dollars a year if this council in this county were to spend four hundred thousand dollars a year on homeless issues on show on affordable housing issues could we have gotten as far as they did in ten years i think it's a bargain we got a great bang for the buck for four hundred thousand dollars a  year you know we're taking as i think one of the test fire said we're to finally taking a positive step for affordable housing and i think like i said it's a bargain at four hundred thousand dollars a year for the last ten years for what we're getting yes there are some tweaks that need to happen a little bit in that set up over there housing but we can work within that with that through committee so you know and mr okama too said that this isn't you know other people are looking at us watching and i agree other people are looking at us and watching and this is not a precedent this is a one time we looked at that on a case by case basis and we saw what can come out of this and what our investment was worth i think  hundred thousand dollars a year coming back to the county while that's enough for you know maybe a hundred feet of road extra or some other projects i think the fact that we spend twenty five million dollars about a year on other non profits and other things that that we services that the county can't do as cheaply i think the four hundred thousand dollars a year is more than  well worth the investment so i'm supporting this thank you mr carroll but support the motion of the floor you don't use the term very often for the common good this is one of those things that fix everyone with a go at the top of the financial or bottom of my natural skill but you are the top or bottom of the social skill course everybody in this cult of money to do what we're doing today but the results the results will be positive we've seen other places that don't do what we're doing but don't give this type of support you missed by so thank you very much chair and i am very pleased to be here today to express my strong support for the motion on the floor i have followed this agency from its early early early beginnings fact long before there was q two there was father bob turner's ministry in a church and so this i'm not a stranger to what his folks are trying to do but i am really really excited that we are finally showing our commitment to help people who need help you know there are but for the grace of god go all of us things happen to people they get sick they lose their insurance they get hurt something goes wrong and they find themselves in horrible situations and this is one how we step to the plate you know there's so much emphasis now on how we do with homelessness and no matter what we start thinking about today it will be many many years before we actually see reality but reality exists and how to mcconnell away ali and i would like to give us give it it's strong support it's been through a very difficult time they've had a lot of challenges but i have to say that the changes that i was seeing go on with the change in management after the audit and all of the work that was done by misc revelle and her committee nothing short of amazing to me how many changes have occurred and how positive they have been and i have i really want to support them a want to get this debt off of their financial statements it will lead to them being able to be much more credit worthy and more grant where the they will have more funding opportunities and that means that our community will benefit when we had the same committee we had the budget director with us and the budget director assured us that this was in no way going to affect the budget because it was not included in the budget i would like us to take action today up or down yes or no but i definitely would like to s four million are eight hundred eight million correct it's not the million dollar so it's a total if you include the line the facility so it's the four million or die ok so that was my understanding and this was this was a very difficult process for me to go through because initially when the item came to committee it was actually to review the the debt repayment plan  in the course of the committee meeting it changed on the floor to write out forgiveness and i had to raise some of the questions that mr okama had prevented on the floor today and i used the term quid pro quo which was basically what is the if we forgive then what does the county get in return and one of the questions i also raise was just like mr comma when they come back for every budget session for asking for appropriations do we now put into account the amount that they were going to pay for the payment plan  whether it was twenty five thousand or two hundred thousand per year do we now have that ability to say look we forgave you for that that for the four million and accordingly if you had agreed to go with through the  that replay mitt plan then you know you guys are saving actually you know whatever two hundred thousand per year because you're not paying for that plan that debt so does that mean that we don't have to give them that that amount so there would be some type of an agreement but that being said i looked at it in the big picture of things which was we are in a housing crisis crisis right now affordable housing is on everyone's  frontal lobe it's everyone's talking about affordable housing and homelessness people are homeless and so i thought ok eight million total cut it in half forgive the four million i could live with that the straw that broke the camel's back in my mind was the separation or the terminations of the relationship between the entity and investment group which was the son america housing five and i know that if they were still in that relationship i would definitely say no today because i know that there is  a profit entity out there that's generating or investment group that was a part of the loan process the original loan process and and i knew i know that i believe earlier on in one of the seven one of the six committee meetings that we had under our chair carvel those committee that discussion went on were the investment group somehow was in reaping some of the profits that were involved so i had a real hesitation in moving forward if that investment group was still attached so i feel comfortable on the conscious side on the analytical side of me uncomfortable but i will vote yes with reservations on this clearly because there's an additional four million that's outstanding and also agree with mr hope opening comments back when it was managed by another other people it would have been a huge you know on this i'm still it doesn't sit all that easy with me but it was clarified during discussion in committee about the west maui debt that's owned and that is not part of this which is clearly stated so i appreciate that i am looking at  and also brought up as in the upcoming budget then are we too should they be able to be a lot more sustainable in their efforts and as ms bison mention more grant funding worthy to garner more outside sources to be infused into their and you know into the organization there by not having to put out as much county monies so we can keep it here in our coffers to support our county needed efforts so those things i think are going to come back on to the table during our budget session in relation to the decision made here today and we you know we mentioned that it was our desire that the sea beans realized by this forgiveness goes directly into his mission and that's what we all want to see more of here and hopefully that's where the money saved will go to and so i'd like to make sure that it's a toad it and that it's set in clear language to us during budget time or whenever appropriate how it's been utilized and what better more services were created because of this forgiveness so i did ask the question during committee to our corporation counsel at the time or maybe budget director at the time does this affect of existing precedents for other loans of similar situations we have out there with other entities and according it was the answer was no that  don't have such agreements with other entities out there because then it would be like well how much millions of dollars are we going to forgive in the future so this is a difficult one but i think him and the  the organizing organization has provided such a needed service to this community think the new the new people taken over are doing wonderful work and appreciate that would like to see a support them in their concerns but i think we all need to take it back and answer the question what does the county get in return we will face some long term challenges when it comes to affordable homes homelessness so i can support this entity that this building was built well people would know how many years ago and made off the best infrastructure so there's constant we are told and i accept this from our new director that the entity that receives the loan for the construction will use these these payment fund in funding payment funds monies for repairs or maintenance of the facility however we have to think the difference we have the homeless resource centers that do come in to request grant monies to to address homelessness and case management for our families and our children and you know there's like  about an emergency program seven hundred fifteen individuals including one hundred fifty four children transitional about seven hundred fifty individuals including two hundred seventy five children and  we know that there are many more homeless families that we are not truly addressing until we can see that we're not being barraged at forty one million dollar home sales then we'll be able to take care of our families so what does a county get in return i say we will address those that are in need of our families made at working for a nonprofit as scraping and burning the midnight oil to try and find it funny that the nonprofit tries to serve is that an easy task so i asked my members abstain from saying anything that may be actions see none please proceed thank you first of all i'd like to think mr preval oh for bringing this forward this is something that i've worked on for the last eight and half years with various entities in various administrations not so much the loans but really a stab wishing the purpose of the facility itself and i will see if you'd asked me four years ago as a five years ago what i've thought this forward or what i have supported what was brought out here and now i would have told you no because the inner workings at that time and the management was not sufficient but we had the foresight to have an audit of the facility and its management and the new management that has now been put in place has worked extremely hard to implement many of the recommendations and i've sat there and watched this happen i've also set then watched a different board not just by individuals but by their beliefs and understanding of where we want to go bring forward this matter but more importantly i think when i have to stop and say i thank my this is a service like all the other service we provide in this county mr chair that is really needed and ma we has always been in the forefront of taking care of their own those people living there are people from ma we may have moved here but they live here and there is even some financial strain as you heard from the testifier this morning because they've had to raise the rents and a four bedroom no is like the lady said i think  one thousand one hundred fifty dollars a month up from six hundred fifty or sixty five something like that i believe there is financial strain even as they become more self sufficient i believe there the challenges that are going to be evolving but we and the board and the county have said this needs to be done and they are doing it and i think this forgiveness is just one major financial claw that will help not only the board but the facility and the entity to expand the horizon come budget time as mr mention and i'll remind everyone a lot of the monies that we fund all our nonprofits any of this entity is for the less fortunate and the needy not so much for the housing that we're referring to today those are the ones that are just coming out mr chair that have like the women helping women said they've left a bad relationship and they need housing they need transitional opportunities he needs to be able to be self sufficient and i wish and i know it's really hard because i've heard and i've been a part of many individuals who've come up and told me and told the board and told others how this helped them get back on their feet and today they are productive citizens they're productive citizens so this is not just a taking it's really a hands up helping people get back on their feet and be productive citizen and this is why i can support all of the entities in this facility but this debt starting from charlie rating and all the way through has been a debate what is a grant but that the granted and we've done all the research we've determined it's a debt i think a dead that if this county forgives will really help take a big chunk and move our homelessness forward we need more we need a lot more however this is a first step saw i hope my colleagues and i've the midnight oil that some of the members of talked about i watched his strain in generating revenues for the organization for putting his heart and soul into making things happen for people that really didn't have much to look forward to and given them some hope and i like many of you look at the organization today with a very different perspective than and i looked at their organization just two years ago and it's with that new perspective that i'm comfortable supporting this measure as a way of saying good going we might you to keep moving in the right direction we want you to keep doing the basic fundamental beneficial efforts that you've put into it thus far and so with that i'm i'm ok giving up one hundred thousand dollars a year because i think we all believe we've got challenges way beyond what's easy so it takes all of us coming together like this to make things happen in a way that's positive and looking and looking in the long term prospects of those of us that live here on maui so it's with an admonition that not an admonition as with the hope that the organization will continue to move in a very positive direction with the the burden of immediate finances taken off their shoulders and being able to look forward and look at the financial challenges that are beyond this and do their best to come together and put programs that will help all of us get rid of the homelessness problem and move in a positive direction so it's with that i mean really i said fine with that i understand your comments my colleagues comments i understand their positions in but for me that's not the point that's not the point the point is  agreement that was made following terribly and are not going to uphold those commitments so when you know i i know the sense of the members and again like i said the confidence to move forward to me as we denying it operating because i thought that you know i wish i had that in for the future but since they will not have the ability to see there billy of integrity and commitment to move forward i would just say to not also disregard the more than half a million dollars five hundred thousand of this entity also gets through discretionary funds   on how we look at their requests in the upcoming cycle will be very truthful because i think we do a lot with what we provide you know an understandable income issue but to me we're not talking about that as that should be considered as affordable that is subsidized housing let's call it what it is subsidies somebody is going to have to make up the difference and it ends up with budget committee to find out who we tax to pay for that subsidy is i wish they were at a point where i could support it they asked for that opportunity i was happy to give them that opportunity but if we move forward the way it's planning to move for abstention was mr victory no thanks for that correction and mr clarke i think it's time for us to take a break so we'll be in recess members i'd like to keep it to five minutes please be back here at eleven fifteen spring recess and  dash one zero seven that's resolution fifteen dash one zero three you have before you from your land use committee the following committee report committee report fifteen dash one zero eight recommending the following one the proposed bill entitled a bill for an ordinance to change zoning from the  dash one residential district to the s b r service business residential district for property situated at two two four one west vineyard sure eight passing first reading of the order to print and to that kind of communication fifteen dash one forty eight be filed square feet but twenty to forty  clerk for the record bill fifty six two thousand and fifteen yet before you from the policy an intergovernmental affairs committee the following committee reports committee report fifteen dash one zero nine recommending to the proposed resolution entitled appointment of a member to the planning commission for the country  adopted this victory no thank you mr chair i'm moved to adopt the recommendations in committee report fifteen dash one zero nine is a cherry second ocean by mr victory no with a second for your policy and intergovernmental affairs committee recommended disapproval of the mayor's nomination off timothy reilly to them are planning commission by a vote of six to zero your committee notes that the commission's rule is especially important at this time as review of the islands community plan is now underway your committee a committee also express appreciation for mr riley willingness to serve on this committee however your committee had concerns as to whether mr riley is aptly familiar with the unique challenges facing one of county with that being said mr  report fifteen dash one one zero recommend in the following one that the proposed bill entitled a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with the state of hawaii department of accounting and general services relating to sewer line maintenance and repair of the line a civic and governmental affairs committee recommended that the proposed bill entitle a bill for an ordinance authorizing the mayor of the county of ma we to enter into an intergovernmental agreement with the state of  one one one is i'm asking to be filed the proposed authorization that the mare will enter into is an intergovernmental agreement with bags to us stablish a maintenance program have before you committee report fifteen dash one eleven recommend recommending the following one of the proposed resolution and titled approving the installation of sirens in the county of maui relating to the emergency outdoor siren warning system be adopted and to that kind of communication fifteen the second from mr couch mr if you know thank you chair at its meaning of july twentieth two thousand and fifteen by a vote of six to zero your policy into government affairs committee recommended that the proposed resolution entitle approving the installation of sirens in the county of mali relating to the white state emergency siren warning system be adopted and that the county communication fifteen that one two seven be filed this project is to install additional sirens in the county is being funded by the state and is in is it and is in its first off three phases but sirens will also be solar powered and can be heard at a range of approximately one point five miles and will add the needed emergency coverages for this county i respect fully request th important area that also must be considered for future protection three saving system so again i appreciate the committee's work on this issue thank you thank you any further discussion members see none all those argument in the following one that the proposed bill entitled a bill for an ordinance authorizing the mayor of the county of maui to enter into an intergovernmental agreement with employees retirement to some of the state of hawaii relating to the acquisition of a governmental accounting standards board statement number sixty eight report be passed on first reading and be ordered to print and to that kind of communication fifteen to twenty three be filed mr victory no thank you again as to chair i moved to adopt the recommendations in committee report fifteen one one to relating to the acquisition of a governmental accounting standards board statement number sixty eight report be passed on first reading but county and also county communication fifteen  file gaspy sixty eight requires that the county disclose additional information relating to employ pensions than has been previously included in the comprehensive you fiscal report kaffir and that the report needed to obtain additional pension information your committee notes that the gaspe sixty eight requirements will result in efforts reflecting counties unfunded liability relating to the employee pension bench and more accurately i requested the council consider this motion and the filing of county communication fifteen dash one eight three thank july twentieth two thousand and fifteen again by a vote of six to zero your policy an intergovernmental affairs committee recommended the proposed bill entitled a bill for an on ordinance authorizing the mayor of the county of and by passing this on first reading the committee's community also county communication fifteen that's one eight four be filed the county audit to know that the audit of schedule of allocation is needed to prior to audit doing the kaffir and updating the information complied by the e r s actuary and the audited by the ers independent audit will meet these requirements fifteen dash to seventeen from the director of water supply transmitting to the council the department of water supplies monthly source report and gram what do you support for the month ending july two thousand and fifteen miss by sir thank you very much to i move to file the report s was to chair of a motion from his bison a second from mr victory no spicer thank you chair this is just a routine which is available for anybody who wants to take a look at it thank you thank you members any further discussion as your passes for those to quote mr chair proceeding with kind of communications for referral the following kind of communications are recommended free for all to the following committees as noted to your committee and the whole kind of communication fifteen to one nine from coun chair white transmitting to the county clerk the following proposed resolutions untitled one authorizing the employment of special counsel and christopher salem versus county at all and two authorizing the employment of special counsel for patrick wang and in his individual capacity in christopher salem vs at all if you're planning committee kind of communication fifty two to zero from council member caught transmitting to the council chair proposed resolution and titled referring to the planning commissions a proposed bill relating to transit vacation rentals and plan developments policy and intergovernmental affairs committee kind of communication fifteen dash two to one from council member cochrane transmitting to the council chair proposed resolution and titled urging the board of directors for the my region of hoyte health systems corporation to require transparency regarding rate setting for patients services all the following general communication is recommended for referral to your planning committee general communication fifteen dash nine from grant chon vice president and the properties incorporated submitting to the council an annual status report in accordance with conditions seventeen of ordinance number thirty three twelve chang sale and specifying certain terms of not to exceed seven million one hundred twenty one thousand four hundred eighty five dollars aggregate principal amount of general a geisha refunding bonds of the county of maui for the purpose of refunding all or part of certain outstanding us dearer development budget directors of a commitment that the county pay the first quota to realize the high interest rates that those funds through those trustees can get the county can i get under our current limitations on what we can invest in on this item my recollection as to how common is that the savings is in the neighborhood of four hundred thousand dollars over the term of the u s d a loan it's between four and five hundred thousand chairman that year the proposed bill expand the types of lamps allowed for use in street lights enabling the department of public works to begin planning for replacement of the existing high pressure suit d m lamps with a more energy and cost efficient lamp type as ways to reduce costs the proposed bill also extends the deadline for street lights to be shielded to january first twenty twenty there extension allows the department on an additional three years to shield the street lights that are more difficult to retrofit in addition the extension will help save costs by delaying further shielding efforts while department is evaluating a replacement lamp type passage of this proposed bill is the first step in incorporating more energy efficient late in the county streetlights before installation of a new laptop can occur the department must amend its a ministry of rules to allow for the new lamp type so i respectfully asked for this  the proposed bill thank you thank you mr cochran and you for the discussion members mr victory and so much for discussion without comment if you would think the new airport access road you will see some new lighting that has been put in by the state which is very very efficient from what i was told but also gives a section lighting person is the forward so if you get a chance drive to the new err airport access road it has the new l commission public review and comment in i'm getting a lot of complaints especially about and shoot and shooting or lack of shooting on these newly installed street lights so again i think the legislation because this is legally installed and for a long night that process i'm surprised the utility who should know better is installing street lights in our community without going through the vocational programs adult daycare health programs and residential housing opportunities including a construction of up to three additional structures for the purposes of this meeting of july twenty second twenty fifteen detail in his response oh provided copies of the correspondence to the code and it was that it be distributed to traduce meeting and you should have a copy of the correspondence contains detailed analysis of the appropriateness of the proposed one that had the concern i just wanted it on the record that this is an ok use in public cause a public and we now have it in writing we also have legislative intent so in case somebody in the future says oh no that's not what they again this is one of those examples of a long process and it's just two thousand and nine but we actually started this when i first came on in two thousand and seven and i'm happy to finally get this to come to fruition to chair housing for our very measure passes with nine zero nos as to clerk mr chair proceeding with unfinished business you have before you committee report fifteen dash ninety one recommend in the following one that the proposed bill entitled a bill for an ordinance  nineteen country code to allow commercial agricultural structures in the agricultural district first reading in the order to print and to that kind of communication thirteen dash eighty five be filed mr chair for the members information currently pending before the council is main motion by amending the proposed bill attached to committee report fifteen dash ninety one according to the minute summary form distributed by council member carol at the council meeting of august seventh two thousand and fifteen thank you mr clerk  before i call him mr carroll the we had asked for responses from the planning department and the corp counsel i believe all of you have copies of the response from court counsel and believe i'm not quite certain that it's the deferral as opposed to the collective meeting between the two departments and the consummation or the creation of the opinion that developed from the meetings between the two departments ok and members is there a desire to have mr wong walk us through any of th e chair yeah i think that for me the issue has been settled i mean my issue that i had brought forward was basically if h r s two five was passed which if we're to be exact from the ordinance that we have drafted through our committee which is more restrictive then the state then what is the default where it is or it is ho ordinance because we can be more and more restrictive so i agree with the corporation counsel's opinion if that's what he wrote and so my answer to the question has and and knew that the state had passed the commercial our cultural structures into an age and worked very diligently with the community for several meetings and then passing it forward to the planning missions and then from there working with the planning department to get everything worked out because no one likes regulations we were being more strict i need to get the the input from off all all all sides and so i think the restrictions that are in this ordinance are fair and reasonable to be implemented it has the as most i would say most but as usual a lot of times the state passes things are passes laws and that are very vaga and do not give definitions so we had to create definitions to incorporate into our ordinates one of the because the church i would defer the legal question to compound so i can speak on that but i would rather defer the corporation counsel on the legal question but i can after he finishes that can elaborate more so on the second half of the question thank you co counsel white there's nothing in the current language of the proposed ordinance that addresses grandfathering and if it's not specifically spoken to and then it's not included again my only issue is this truly about agriculture and that's why my earlier issues regarding what how does this impact our other zoning categories that have this permitted uses to do with  agricultural goods you know i'm always the one that would check with real property see if there's any impacts is there any adjustments you need to do to other parts of the code on for a more broad hesitation is currently i'm not the sure how this impacts our other components that we created them permit it uses within certain sony categories and for me it's  more for the general public so that they have a better understanding that this this ordinance is really intended for legitimate agricultural operations that's why there isn't a requirement a farm plant to be submitted to the planning department along with their application and the verification of that that they are a legitimate operation  part of the the nexus there the other portion was just to let everybody know the words retail was actually added in by the planning department as there was discussion in the committee has two whole cell vs a one on one sale so this was never this bill was never intended to do wholesaling this was this bill was always intended to be a one on one sales so just for clarification i know that there's been a lot of questions about the word retail but under the definition hair it's really a one on one sale of the products the products are also regulated in the ordinance is self it has to be grown on maui value added can be added but there's a percentage that is only allowed a value added meaning that you're going to need flour to be to bake you've been out of bread the ben as need to be grown on property and so  the size restrictions are also in place anything more than one thousand square feet has to have a special use permit anything more than three hundred square feet have to be registered there's also affidavit in certification documentation that needs to be submitted along with the application to certify that you are selling products from maui and so that is another restriction that for spent can use to go go in to these structures and verify and they do need to comply with permits i believe the public works department says that they need to file a declaration  with the department when they build these structures so i really believe this is something that what that was crafted so that we would try to avoid any type of abuse but no bill is perfect and  as what is before us i believe it's well drafted has been vetted oh my god it's you know and i have to think this committee or at least in this cochran for bringing this forward in my committee because it's been a real learning experience it's been a long journey it's from taking a initial and then and then going forward and going to the community community going to their districts and then working with the commissions and then me personally going to the planning department in a matter of you know two and a half years it's just been an experience that true legislation and every hurdle and obstacle that was that came  came through perseverance i learned a lot and i think our committee for on sticking with it with me on this one and i think the community for all their hard work and so i asked this this council to please support this this bill thank you thank you any further discussion members see none all those in favor signify by saying i was opposed say no measure passes with zero knows its clerk for the record bill sixty two thousand and