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MINUTES

of the

COUNCIL OF THE COUNTY OF MAUI

SEPTEMBER 21, 2007

THE REGULAR MEETING OF THE COUNCIL OF THE COUNTY OF MAUI, STATE OFHAWAII, WAS HELD IN THE COUNCIL CHAMBER, KALANA 0 MAUI BUILDING,WAILUKU, HAWAII, ON FRIDAY, SEPTEMBER 21, 2007, BEGINNING AT 9:03 A.M.,WITH CHAIR G. RIKI HOKAMA PRESIDING.

CHAIR HOKAMA: The Council of the County of Maui regular meeting of 21 September2007 shall come to order.

Mr. Clerk, please call the roll.

ROLL CALL

PRESENT: COUNCILMEMBERS GLADYS C. BAISA, JO ANNEJOHNSON, WILLIAM J. MEDEIROS, MICHAEL J. MOLINA,MICHAEL P. VICTORINO, VICE-CHAIR DENNIS A. MATEO,AND CHAIR G. RIKI HOKAMA.

EXCUSED: COUNCILMEMBERS MICHELLE ANDERSON AND JOSEPHPONTANILLA.

COUNTY CLERK ROY T. HIRAGA: Mr. Chairman, seven members are in attendance, twoare excused. A quorum of the Council is present.

CHAIR HOKAMA: Thank you very much.

Prior to us entering the business of the Council this morning, Members, openingremarks will be presented this morning by our colleague from the West Maui District,Ms. Johnson.

Regular Meeting of the Council of the County of MauiSeptember 21, 2007

OPENING REMARKS

Councilmember Jo Anne Johnson led the assemblage in the singing of "GodBless America."

PLEDGE OF ALLEGIANCE

The Members of the Council, and others in attendance, rose and recited thePledge of Allegiance.

CHAIR HOKAMA: Thank you very much for that, Ms. Johnson.

Members, we shall proceed with the Council's agenda. Mr. Clerk.

PRESENTATION OF WRITTEN OR ORAL TESTIMONY

COUNTY CLERK: Mr. Chairman, we have no resolutions to read this morning and no onehas signed up to offer testimony. Shall we proceed?

CHAIR HOKAMA: Members, with no objections, testimony for today's meeting shall beclosed; and we, and also we shall accept all written testimony provided to the Councilfor today's agenda.

MEMBERS VOICED NO OBJECTION.

CHAIR HOKAMA: So ordered.

Mr. Clerk.

THERE BEING NO OBJECTION, WRITTEN TESTIMONY RECEIVEDFROM THE FOLLOWING WERE MADE A PART OF THE RECORDOF THIS MEETING:

1. Ann Baran, Project Director, Maui Schooner Resort;2. Donalyn Dela Cruz, Assistant Executive Director,

ARDA-Hawaii; and3. Thomas A. Goodman, Senior Vice President, Wyndham

Vacation Ownership, Inc.


The following Committee Reports were presented.

COMMITTEE REPORTS

COMMITTEE REPORTNO. 07-98 - LAND USE COMMITTEE:

Recommending the following:

1. That BILL NO. 58 (2007), entitled "A BILL FOR AN ORDINANCEGRANTING THE DEPARTMENT OF PARKS AND RECREATION, COUNTYOF MAUI, A CONDITIONAL PERMIT FOR THE EXPANSION OF A YOUTHCLUBHOUSE AND RELATED IMPROVEMENTS WITHIN THE COUNTYAGRICULTURAL DISTRICT FOR PROPERTY SITUATED AT LAHAINA,MAUI, HAWAII", be PASSED ON FIRST READING and be ORDERED TOPRINT; and

That County Communication No. 07-177, from the Planning Director, beFILED.

CHAIR HOKAMA: Thank you.

Mr. Molina.

COUNCILMEMBER MOLINA: Thank you, Mr. Chairman.

MOVE TO APPROVE COMMITTEE REPORT 07-98.

COUNCILMEMBER MEDEIROS:

SECOND THE MOTION.

CHAIR HOKAMA: We have a motion by Mr. Molina, seconded by Mr. Medeiros, to adoptCommittee Report 07-98. Mr. Molina.

COUNCILMEMBER MOLINA: Thank you very much, Mr. Chairman.

Your Land Use Committee met on September 5, 2007, in West Maui to discuss afive-year Conditional Use Permit request from the Parks Department related to theexpansion of the building occupied by the Boys & Girls Club.


Your Committee approved the request and added two additional conditions: one,that the Department of Parks and Recreation shall submit applications for a StateLand Use District Boundary Amendment and a Change in Zoning for the property inorder to establish consistency with the West Maui Community Plan prior to theexpiration of the Conditional Use Permit; and, two, that the Department of Parks andRecreation shall ensure that the operator of the youth clubhouse obtain theappropriate license for lease agreement.

I ask for the Members' full support of this bill and the filing of the communication.

Thank you.

CHAIR HOKAMA: Thank you, Mr. Molina.

Members, further discussion? Ms. Johnson.

COUNCILMEMBER JOHNSON: Yes, Mr. Chair.

I want to thank the Members for, first of all, Mr. Molina for coming and bringing theCommittee to Lahaina where this issue could be addressed. I thought it was veryimportant.

And because there were some corrections printed in The Maui News, I thought it wasimportant to put on the record that when the clubhouse was originally constructed, itwas consistent with the land use that was at least permitted in that area, or the uses.What happened later on was that the inconsistency developed through a change inour ordinances, and that is what created this conflict.

So I appreciated Ms. Horcajo's comments in the paper because I think what it helpedto do was to clarify that government is not trying to skirt any laws, but just likeeveryone else, when there is an inconsistency created by ordinance, sometimes ittakes awhile to get everything into compliance.

So I thank the Members for their support, though, and I certainly support the efforts ofthe Boys & Girls Club.

Thank you.


Any further discussion, Members? Having none, all in favor of the motion please say"aye."


AYES: COUNCILMEMBERS BAISA, JOHNSON,MEDEIROS, MOLINA, VICTORINO,VICE-CHAIR MATEO, AND CHAIR HOKAMA.

CHAIR HOKAMA: Opposed, say "no."

NOES: NONE.

EXCUSED: COUNCILMEMBERS ANDERSON ANDPONTANILLA.

CHAIR HOKAMA: Motion is carried. We have seven "ayes"; two "excused", Ms. Andersonand Mr. Pontanilla.

Mr. Clerk.

COUNTY CLERK: For the record, BILL NO. 58.


COMMITTEE REPORTNO. 07-99 - POLICY COMMITTEE:


1. That RESOLUTION NO. 07-110 , entitled "AUTHORIZING ACCEPTANCEOF DONATION OF $2,000 FROM CARL S. ASATO, EVAN M. ASATO, ANDEVELYN K. ASATO TO THE COUNTY OF MAUI, DEPARTMENT OFHOUSING AND HUMAN CONCERNS, KAUNOA SENIOR SERVICES,PURSUANT TO CHAPTER 3.56, MAUI COUNTY CODE", be ADOPTED;

2. That RESOLUTION NO. 07-111 , entitled "AUTHORIZING ACCEPTANCEOF DONATION OF $2,000 FROM HISANO KARAKAWA TO THE COUNTYOF MAUI, DEPARTMENT OF HOUSING AND HUMAN CONCERNS,KAUNOA SENIOR SERVICES, PURSUANT TO CHAPTER 3.56, MAUICOUNTY CODE", be ADOPTED;

3. That County Communication No. 07-244, from the Director of Housing andHuman Concerns, be FILED; and

4. That County Communication No. 07-245, from the Director of Housing andHuman Concerns, be FILED; and



Mr. Mateo.

VICE-CHAIR MATEO: Chairman, good morning.

I MOVE THAT COMMITTEE REPORT 07-99 BE ADOPTED.


SECOND.

CHAIR HOKAMA: We have a motion by Mr. Mateo, seconded by Mr. Medeiros, to adoptCommittee Report 07-99. Mr. Mateo.

VICE-CHAIR MATEO: Chairman.

Your Policy Committee met on September 4, 2007, reviewed and discussed CountyCommunications 07-244 and 07-245. Attached to both communications wereseparate resolutions authorizing acceptance of donations to the County of Maui,Department of Housing and Human Concerns, Kaunoa Senior Services.Chapter 3.56 of the Maui County Code authorize the Council to accept gifts anddonations on behalf of the County.

The resolution attached to County Communication 07-244 authorize the acceptanceof a $2,000 donation from Carl S. Asato, Evan M. Asato, and Evelyn K. Asato, inmemory of the late Helen H. Asato.

The second resolution attached to County Communication 07-245 authorize theacceptance of a $2,000 donation from Hisano Karakawa, in memory of her latehusband, Hajime Karakawa.

Each of the donations made by the Asato and Karakawa families will be applied tothe respective programs specified by each of the donors.

Your Policy Committee recognize and acknowledge the generous donations from theAsato and Karakawa families and, therefore, recommends the adoption of bothresolutions read by Mr. Clerk, as well as the filing of the communications.

CHAIR HOKAMA: Thank you, Mr. Mateo.

Members, any further discussion?


I just would also add to Mr. Mateo's comments, Members, that we thank thecommunity for their continuous generosity to various programs of the County, and itis much appreciated.

So to our donors, we, we give thanks on behalf of the entire County.

There being no further discussion, all in favor of the motion please say "aye."

AYES: COUNCILMEMBERS BAISA, JOHNSON,MEDEIROS, MOLINA, VICTORINO,VICE-CHAIR MATEO, AND CHAIR HOKAMA,


NOES; NONE.


CHAIR HOKAMA: Motion is carried. We have seven "ayes"; two "excused", Ms. Anderson,Mr. Pontanilla.

Mr. Clerk,

COUNTY CLERK: For the record, RESOLUTION NOS. 07-110 and 111, respectively.


COMMITTEE REPORTNO. 07-100 - PUBLIC WORKS AND FACILITIES COMMITTEE:


1. That RESOLUTION NO. 07-112 , entitled "ACCEPTING DEDICATION OF AROAD WIDENING LOT FOR THE PARTITION OF HUI KUAI AINA 0 PEAHISUBDIVISION, PURSUANT TO SECTION 3.44.015, MAUI COUNTY CODE",be ADOPTED; and

2. That County Communication No. 07-205, from the Director of Public Worksand Environmental Management, be FILED.



Mr. Medeiros.

COUNCILMEMBER MEDEIROS: Mahalo, Mr. Chair.

I MOVE TO ADOPT COMMITTEE REPORT NO. 07-100.

COUNCILMEMBER VICTORINO:

SECOND THE MOTION.

CHAIR HOKAMA: We have a motion by Mr. Medeiros, seconded by Mr. Victorino, to adoptCommittee Report 07-100. Mr. Medeiros,


Your Public Works and Facilities Committee met on September 5, 2007, andrecommended adoption of a resolution to accept the dedication of road wideningLot 158-D for the Partition of Hui Kuai Aina 0 Peahi Subdivision in Haiku, Maui, alongKaupakalua Road, consisting of approximately 0.08 acre.

I respectfully ask for the Council's support of this committee report.

Mahalo, Mr. Chair.

CHAIR HOKAMA: Thank you, Mr. Medeiros.

Members, further discussion? Ms. Johnson.

COUNCILMEMBER JOHNSON: Yes, I have a question. It would probably be toCorporation Counsel.

Because this refers to partition of this particular part of the subdivision, is that theterm that would be used in conjunction with the actual act of partitioning?

CHAIR HOKAMA: Mr. Moto, are you prepared to respond to the question by Ms. Johnson?

CORPORATION COUNSEL BRIAN MOTO: Good morning, Mr. Chairman.

The only information I have regarding this subdivision, since I don't have any pers--have not personally reviewed the subdivision application, is the reference to the, thetitle of the action, Partition of Hui Kuai Aina Subdivision, you, that term "partition",


usually reflects that some party, some person or persons, are seeking to divideownership of property where they either cannot or are unable to obtain the consent ofothers, and so they've gone to court to, to achieve that. And I don't have the historyof this subdivision, so I don't know if this subdivision is occurring as an outgrowth ofthat, of, of such an action.

COUNCILMEMBER JOHNSON: Okay. Thank you.

Mr. Chair, because I really object to the whole act of partitioning, for Members of theCouncil who are not familiar with that particular action, I think Mr. Moto described aportion of it. But what generally happens is if a family owns a particular parcel, whathappens is usually one of the parties who is a partial owner of that property isapproached, many times by realtors, people seeking to develop, and what ends uphappening is that person then sells their interest.

And because the State law allows a minority owner to force the sale of the property,many times this process called "partitioning" is utilized to adversely obtain propertywhich none of the remaining owners, and many times it's Hawaiian families, theseowners may not have any money to exercise the option to purchase.

So, in effect, what's happening is the partitioner, or the person that's forcing the saleis the person with the capital, and they end up owning that property. And it's thatprocess that I object to. So because this is referred to in this particular property, I donot support that type of acquisition of land.

Thank you. And I'll be voting no.

CHAIR HOKAMA: Thank you, Ms. Johnson.

Members, further questions or discussion on the motion before you? Having none,all in favor of the motion please say "aye."

AYES: COUNCILMEMBERS BAISA, MEDEIROS,MOLINA, VICTORINO, VICE-CHAIR MATEO,AND CHAIR HOKAMA.


NOES: COUNCILMEMBER JOHNSON.



CHAIR HOKAMA: Motion passes. We have six "ayes"; one "no", Ms. Johnson; two"excused", Ms. Anderson and Mr. Pontanilla.

Mr. Clerk.

COUNTY CLERK: For the record, RESOLUTION NO. 07-112.


COMMITTEE REPORTNO. 07-101 - PUBLIC WORKS AND FACILITIES COMMITTEE:


1. That BILL NO. 59 (2007), entitled "A BILL FOR AN ORDINANCEAMENDING CHAPTER 12.02, MAUI COUNTY CODE, PERTAINING TOCLEANING AND MAINTAINING SIDEWALKS", be PASSED ON FIRSTREADING and be ORDERED TO PRINT; and

2. That County Communication No. 07-191, from the Director of Public Worksand Environmental Management, be FILED.


Mr. Medeiros.


I MOVE TO ADOPT COMMITTEE REPORT NO. 07-101.


SECOND THE MOTION.

CHAIR HOKAMA: We have a motion by Mr. Medeiros, seconded by Mr. Victorino, to adoptCommittee Report 07-101. Mr. Medeiros.


Your Public Works and Facilities Committee met on July 5, 2007 and September 5,2007, to discuss a bill to require owners of agricultural lots of fifteen acres or less toclean and maintain the sidewalk area fronting their property.


Currently, the County is responsible for cleaning and maintaining sidewalks frontinglots exceeding two acres in the Agricultural District.

At the July 5 meeting, the Director of Public Works noted that an increasing numberof residential homes are being erected on smaller lots in the Agricultural District.Owners of agricultural lots of two acres or less and all homeowners in the urban andrural districts are responsible for cleaning and maintaining the sidewalk area frontingtheir property.

The purpose of the bill is to extend that same responsibility to owners of agriculturallots of fifteen acres or less.

At the September 5 meeting, the Committee considered a revised version of the bill.The revised bill eliminates the criminal penalties for failure to clean and maintainsidewalks, and clarifies that such violations are subject to civil enforcement pursuantto existing provisions of the County Code.

After consultation with Corporation Counsel and the Director of Public Works, theCommittee recommended passage of the revised bill.

I respectfully ask for the Council's support of this committee report.

Mahalo, Mr. Chair.


Members, any further discussion? Ms. Balsa.

COUNCILMEMBER BAISA: Chair, again, I'd like to state I'm not a member of thisCommittee, but I would like to hear a little bit more about how we decided on fiftydollars a day.

You know, this whole subject of property that is not maintained by the owners and isjust allowed to overgrow and cause traffic visual problems and make our areas lookreally untidy and do not contribute to making our community look good is a real sorespot with me.

I have a sister who lives in California. And in her neighborhood, their roads aremeticulous. And the reason is that they have something in their deeds that if youdon't clean up the front of your yard, the City or the County or whoever it is, will comeand they will hire somebody and clean it; and then they'll send you the bill and theyadd it to your property tax bill. So you have to clean.


And it really is distressing to me how many people do not maintain their property.And so I'm just interested in a little bit more about how we came up with fifty bucks aday, and how that is enforced, and what happens--how do we collect it.

CHAIR HOKAMA: Thank you for that question.

Before I ask our Corporation Counsel, as well as our Deputy Director of Public Worksto respond, I do know that under the Code, from the perspective of the FireDepartment regarding potential fire hazards and, and overgrown vegetation, if wecan use that term, that the County, upon sufficient no--notification, is able to either dothe job or hire the job to get done, and then assess the property owner for the cost ofdoing the actual cleanup work, Ms. Baisa. That, I do know exist in our Code.

I will ask Mr. Moto, Corporation Counsel, if he has additional comments in responseto the question posed by Ms. Baisa.

CORPORATION COUNSEL: Good morning.

Let me note first that if you look at the bill itself, the fifty dollar provision is actually notin the bill. And, in fact, it does amend a, basically, a section regarding penaltiesthat's found in 12.02.060 of the Maui County Code regarding violations. And thesubject bill would amend it to say that the violations of this chapter, meaning thechapter regarding cleaning of, in, including cleaning of sidewalks, would be subject toSection 19.530.030 of the Code.

So it cross-references you to a section in the Title 19 that deals with administrativeenforcement. And if you looked at the rules there, what you'll find is it's, it's a processfor the imposition of civil penalties, civil fines, for the--for infractions. And the, theordinance there says that violators may be subject to a civil fine not to exceed$1,000, not to exceed $1,000.

Based upon the committee report, I see that there is a reference to AdministrativeRules that I assume are part of the Public Works Departments. I have to admit I didnot review those rules before coming to this meeting, so, and it would take me a fewminutes to call them up on the computer. But I believe that's where the fifty dollaramount comes from. It's from Administrative Rules adopted by the department.Those rules could certainly be amended or the ordinance regarding violations couldbe further clarified to specify an amount.

But, as I said, it already provides for a fine up to $1,000.


COUNCILMEMBER BAISA: And how does a fine get, I mean how does a violation getnoticed? Is it because the neighbors complain, or I pass by and say, "You know, thatplace is a mess. Let's do something about it."?

I think we have a lot of issues in this area because if you just drive around, there's alot of untended sidewalk property.

CHAIR HOKAMA: Before I recognize our administrative resources this morning, I would justask if either Committee Co-Chairs would have any comment they wish to provide atthis time?

COUNCILMEMBER MEDEIROS: Mr. Chair.

CHAIR HOKAMA: Mr. Medeiros.

COUNCILMEMBER MEDEIROS: Mahalo.

To give some information to Member Baisa, during my tenure with Public WorksHighways, the way we did it was we had weekly inspections of roadways where asupervisor would ride along County roadways and make notes of areas that are notbeing maintained. Then the Department would notify the property owner of theCounty Code requiring them to maintain the frontage of their property, and would givethem two weeks to do so.

Part of the letter would also state that if it was not cleaned or maintained within twoweeks, the County would send a crew, clean it, and would assess the cost to theproperty owner through the Department of Finance, I believe.

And that's the way it was done, and I, I think it's still done that way according to theCode.

Thank you.


Any comments, Mr. Victorino?

COUNCILMEMBER VICTORINO: Yes, Mr. Chair, thank you.

And also my colleague, Ms. Baisa, if the public--and I have been a part of, becauseup in Wailuku, Wailuku Heights, there have been some of these lots that have notbeen maintained, if we call it in to both the Fire Department and Public Works, theywill come out and check it. And if any violation is then deemed necessary, notice is


sent, like you, we said. If compliance is not done with x-amount of days, I think it'slike seven days, they come back, it's not done, then the fine begins. And they go inand clean them, themselves, and then we will then send them the bill. Thelandowner would then get the--or the property owner would then get the bill.

And we have enforced that up in Wailuku and also in Kahului, so it is, it is working.Does it work perfect? No. But this is just another means of us having another areato make sure that they consider lot of homes are being built now in agricultural areas,so we want to make sure that they comply with the same rules.


COUNCILMEMBER BAISA: Thank you, Chair.

I don't want to beat a dead horse, but I think there is a point to this discussion. Andthe point I wish to make is that we need to have our people know that there are lawsabout maintaining your property, and that you would be subject to a penalty if youdon't do it, if it is noticed, reported, and you're given, you know, you're, you're givennotice to clean it up.

Thank you.


Mr. Medeiros.

COUNCILMEMBER MEDEIROS: Yes, thank you, Mr. Chair.

Just to add to the information I just presented. The Department of Public Works,Highways Division, I know during my experience working with them, wouldperiodically put in the newspaper the County Code requiring property owners to cleantheir frontages. It's put more often if more complaints are received that propertyowners are not complying. But I know that the Public Works Highways Division doesput periodic reminders in the paper for people to clean their frontages,

Mahalo.


Ms. Johnson.

Regular Meeting of the Council of the County of MauiSeptember 21. 2007

COUNCILMEMBER JOHNSON: Yes, Mr. Chair.

I, this would probably be for Corporation Counsel. With regard to the references thatMember Medeiros is making, he's talking about roadway frontage and not specificallysidewalks. Is there a section that addresses roadway frontage that does not have asidewalk on it? Because there are many subdivisions, particularly the older ones,it's--that have no sidewalks. And, personally, that's a problem.

CHAIR HOKAMA: Thank you for that question, Ms. Johnson.

I will first recognize Deputy Director Miyamoto from the Department of Public Works.Mr. Miyamoto.

DEPUTY DIRECTOR OF PUBLIC WORKS MICHAEL MIYAMOTO: Thank you, Mr. Chair.

The, the, the use of the word "sidewalk" has two definitions. One is for the, theconcrete sidewalk that pedestrians utilize. And, in the Code, it also says sidewalksas being defined as the area from the edge of pavement to the property line.

So the intent here is for the edge of pavement to the property line.

COUNCILMEMBER JOHNSON: Okay. Thank you for that explanation because that, thatmakes it a little bit more clear.

The other thing, under Section 12.02.060, under the penalty section, does thatamend all infractions by eliminating the criminal penalty from any violation that occursin this particular section? Or does it apply only to the failure to clean the frontage?

CHAIR HOKAMA: Which gentleman would like to respond?

COUNCILMEMBER JOHNSON: I apologize, Mr. Chair.

CHAIR HOKAMA: No, no, no.

COUNCILMEMBER JOHNSON: When you're not a member of a committee ... prohibitedfrom asking questions.

CHAIR HOKAMA: Ms. Johnson, there is no apology necessary. This is your opportunity tohave your concerns addressed appropriately.

So I'll ask Corporation Counsel Moto to please respond to the question.


CORPORATION COUNSEL: Yes. I, I hope what I'm about to say relates to your questionhere.

The, looking at that section you just cited, it does repeal the existing language,including that part that says, that references imprisonment for not--for a period notexceeding thirty days, which, obviously, is a criminal section. And instead it, as Imentioned earlier, cross-references 19.530.030, which is a section dealing solely withcivil enforcement.

So it takes a, a, what could potentially be a criminal, have criminal consequences,and turns it into an administrative civil enforcement violation.

COUNCILMEMBER JOHNSON: And that would be applicable to everything, or is it onlythis section of the Code that refers to the sidewalks or the frontage? Or are thereother things that are also encompassed within that violation section? Sorry, again.

CHAIR HOKAMA: No apologies, Ms. Johnson.

Mr. Moto,

CORPORATION COUNSEL: Yes, Mr. Chairman.

The subject bill and the section being referenced there in the bill, it relates solely toChapter 12.02, which deals with cleaning and maintaining sidewalks.

COUNCILMEMBER JOHNSON: Okay.

CORPORATION COUNSEL: So only, only with regard to that.

COUNCILMEMBER JOHNSON: Okay. And, and my question may be to Mr. Miyamoto.And, and it, obviously, at one point in time, the Council or I guess I don't know howlong this has been in, in place, the Council and past Administrations have felt thatthere was some necessity to put this into that part of the Code. Do you know whythere was a penalty attached to it? I'm--I can assume why, but I just wanted to knowif you knew specifically why that was contained in the Code.

CHAIR HOKAMA: Mr. Miyamoto.

DEPUTY DIRECTOR OF PUBLIC WORKS: Mr. Chair. To be honest, I, I have no idea asto why that was put in, why it was made criminal. I have no idea.


COUNCILMEMBER JOHNSON: Okay. And then I'll make my educated guess as to why itwas included. I know that because of fire hazard, also view plane obstruction, if achild, if anybody that's traversing an area is, because of your negligence, is hit by acar, killed, if because you're also negligent, your neighbor's home or everything alongthe properties burn down and there's loss of property, loss of life, I suppose onecould seek civil remedies. But, in my view, that would be the occasion on which thiswould rise to a criminal kind of offense.

So let me ask Mr. Moto. If someone were to be damaged or had an injury or therewas a loss of life, what remedy is available to the person if we take this out of theCode? Can they still seek redress through the court system?

CHAIR HOKAMA: Mr. Moto.

CORPORATION COUNSEL: Yes. The subject bill, even though it amends this particularviolation section, would not affect the rights of persons to file civil claims for personalinjury or property damage arising from negligence or acts relating to maintenance ofproperty.

COUNCILMEMBER JOHNSON: Okay. And, similarly, if the County for some reason, let'ssay because of the person's failure to maintain a view plane or to maintain somesight distance, or because they didn't remove the brush or debris, there was a firethat was caused, and we, as a result of it, may be taken to court or other dam--damages may occur to public property as a result of this negligence, does thatinfringe on the County's right to seek some kind of redress in terms of, I, I, 1 guess itwould be a criminal offense if somebody died as a result of this. Does it affect ourrights in any way?

CHAIR HOKAMA: Mr. Moto.

CORPORATION COUNSEL: Mr. Chairman. If anything, the bill is intended to impose agreater degree of responsibility upon homeowner, ah, property owners because itexpands the scope of properties that will be subject to this requirement to clean andmaintain sidewalks and shoulder areas. So, so, if anything, it should bolster theCounty's ability to monitor brush and other, other hazards.

COUNCILMEMBER JOHNSON: Okay. But just the fact that we're removing the criminalportion of it does not affect adversely our right to seek some kind of redress?

CORPORATION COUNSEL: No. I really don't think it will have any effect. And, as apractical matter, I doubt that anyone has ever spent a single day in jail because ofthis chapter.


COUNCILMEMBER JOHNSON: Okay.

CORPORATION COUNSEL: I mean talking about the current, the old law, that is.

COUNCILMEMBER JOHNSON: Right.

CORPORATION COUNSEL: Yeah, yeah.

COUNCILMEMBER JOHNSON: Thank you, Mr. Chair.

And I wanted to know what rights of the public, as well as the public's rights werereally a abridged because I think sometimes when we look at changes that we make,obviously, somebody put that in there for a very good reason. I want to not remove itwithout also trying to make a determination if it is still valid and what reasons therewould be for maintaining it.

Thank you, Mr. Chair.


Members, you have a motion before you. Any further questions, discussion? Havingnone, all in favor of the motion please say "aye."



NOES: NONE.


CHAIR HOKAMA: Motion is carried. We have seven "ayes"; two "excused", Ms. Anderson,Mr. Pontanilla.

Mr. Clerk,

COUNTY CLERK: For the record, BILL NO. 59.


The following County Communications were presented.

COUNTY COMMUNICATIONS

NO. 07-262 - THOMAS PHILLIPS, CHIEF OF POLICE,(dated August 31, 2007)

Informing the Council of the Police Department's intent to expend $50,000 in FederalForfeiture Funds for its Employee Development Program.

CHAIR HOKAMA: Members, the Chair has been informed that we have a guest from thePhilippines, and so we are going to, at this point in time, take a very short recess tomeet him, and then we'll provide our guest an opportunity, should he wishes so, togive a short address to the Members.

So the Chair will call a recess till nine forty-five.

(THE MEETING WAS RECESSED BY THE CHAIR AT 9:37 A.M., AND WASRECONVENED AT 9:47 A.M., WITH ALL MEMBERS PRESENT EXCEPTCOUNCILMEMBERS ANDERSON AND PONTANILLA, BOTH EXCUSED.)

CHAIR HOKAMA: The regular Council meeting for the County of Maui, September 21,2007, shall come back to order.

INTRODUCTION OFTHE MAYOR OF THE MUNICIPALITY OF BACARRA,

!LOCOS NORTE, PHILIPPINES

CHAIR HOKAMA: Members, we have the honor this morning to greet a mayor from theMunicipality of Bacarra, !locos Norte, Philippines. And as we introduce our guest,Mayor Nicomedes Dela Cruz, we will ask Ms. Baisa, on behalf of all of the Members,since her husband Sherman family comes from Bacarra, Philippines, to pleasepresent our lei of aloha to the Mayor.

At this time, I'd like to introduce Deputy Director of Finance Agnes Hayashi to assistus this morning in introducing our special guest from the Philippines. Ms. Hayashi.

MS. HAYASHI: Honorable Chair Hokama and Honorable Members of the Council, MauiCounty Council. Good morning.


Thank you very much for sharing with us a few minutes of your time. I'm sure you'reall very busy and have quite a, a full agenda. But I have the honor this morning tointroduce to you Mayor Nicomedes Dela Cruz from the Municipality of Bacarra, !locosNorte, Philippines. And this is particularly endearing to me because my father is alsofrom Bacarra, !locos Norte, as a sakada, immigrated from the Philippines in 1946.

So it is my pleasure and my honor to introduce Mayor Dela Cruz from Bacarra, [locosNorte.

MAYOR DELA CRUZ: Thank you, Agnes.

When we was talking with Agnes awhile ago inside the office of the Mayor, she toldme that ... father's last name is Macadangdang. And it happens also that my wife isa Macadangdang, so we are related with each other. Thank you very much, Agnes.

The Honorable Chairman of this honorable august body, the Honorable Members ofthis august body, a pleasant morning to one and all, including my fellow Bacarraneoswho are here with us today. We have here Judge Artemio Baxa, Prosecutor BenAcob . Herman Andaya, and Tata Rafael Acob, and one of the former member ofthe County, County Council of Maui, Richard Caldito. Good morning to one and all,including the staff of this honorable august body.

First of all, I would like to thank you all for giving me the opportunity to greet each andevery one of you. And it's my pleasure to be here in Maui. This is a very nice place.

And I would like to remind this honorable august body that sometime in the time ofthe former Mayor Elmer Cravalho, there was an agreement before that was forgedbetween the Municipality of Bacarra and the County of Maui, the sisterhoodrelationship between the Municipality of Bacarra and the County of Maui. That is thereason why we are always including Maui as our, as one of our itinerary when we arevisiting the State of Hawaii because of that relationship that was established duringthe time of former Mayor Elmer Cravalho and the former Mayor Leonardo Velasco,the father of my predecessor who is, who died last May 20, 2007.

And my main objective in visiting Maui, most especially our . . is to personallyextend to them my invitation to join us in celebration of our annual town fiesta, whichwill be in November this year.

And when we had that conversation with our lady Mayor, I invited her to be our guestof, guest of honor and speaker in the celebration of our town fiesta next year, that willbe November 2008, because if I'm going to invite her now, I believe the time, time willnot allow us or will not allow her to be in Bacarra during the night of the coronationnight. So I invited her to be our guest of honor and speaker on the thirteenth of


November 2008. And it's a pleasure for all fellow Bacarraneos if the good Mayor cancome and join us in the celebration of that fiesta.

And I'm also inviting all of you, the Chair and the Honorable Members of this augustbody to please join the Mayor in coming to grace the occasion of our town fiesta.

Thank you and good day, and mabuhay .

CHAIR HOKAMA: Thank you very much for your presence, Mayor Dela Cruz.

And once more, we do recognize a leader that was groundbreaking in his own rightand we take great pride that it is, he is still with us and, of course, that is none otherthan the irrepressible Richard Pablo Caldito Sr. So, Tata, thank you.

And, and, also, again, we appreciate the attendance of Mr. Andaya from Departmentof Housing and Human Concerns. Although he says he is retired, we see JudgeArtemio Baxa nonetheless still working very hard in his many areas of dedicatedcommunity service, and we also thank another former County employee who waswith the Police Department, and that is, of course, Tata Rafael Acoba. So we thankyou for your presence here today.

And for those of you that do know, the Mayor has indicated we have a formalizedsister-city agreement with the City of Bacarra. And one of the main reasons,Members, is because of the tremendous amount of sakadas that originated fromBacarra that came to Hawaii, came to Maui, and helped this County become thesuccess it is today.

So to those sakadas that have come from there, we congratulate them on theirformer homeland's mayor visiting the County of Maui this morning.

So, Mayor Dela Cruz, thank you so much for your presence. It is much appreciated.

Members, let us return to the business of the Council.

Mr. Clerk.

COUNTY CLERK: Mr. Chairman, as noted, you have before you County CommunicationNo. 07-262 from the Chief of Police.


COUNTY COMMUNICATIONS

NO. 07-262 - THOMAS PHILLIPS, CHIEF OF POLICE,(dated August 31, 2007)

Informing the Council of the Police Department's intent to expend $50,000 in FederalForfeiture Funds for its Employee Development Program.


Mr. Mateo.

VICE-CHAIR MATEO:

CHAIRMAN, ON BEHALF OF BUDGET AND FINANCECOMMITTEE CHAIR PONTANILLA, I MOVE TO FILE COUNTYCOMMUNICATION NO. 07-262.


SECOND.

CHAIR HOKAMA: We have a motion from Mr. Mateo, seconded by Mr. Medeiros, to fileCounty Communication 07-262. Mr. Mateo.

VICE-CHAIR MATEO: Chairman, this communication from the Chief of Police is informingthe Council, is informing Council the Department's intent to use $50,000 in FederalForfeiture Funds for use related to its Employee Development Program to fundtraining and related expenses.

Thank you, Chair.


Members, any further discussion? Having none, all in favor of the motion please say"aye."




NOES: NONE.


CHAIR HOKAMA: Motion is carried.

Mr. Clerk.

NO. 07-263 - KALBERT K. YOUNG, DIRECTOR OF FINANCE,(dated September 6, 2007)

Transmitting seventy-five contracts for June 2007 for filing with the County Clerk.

CHAIR HOKAMA: Mr. Mateo.

VICE-CHAIR MATEO:

CHAIRMAN, AT BUDGET AND FINANCE COMMITTEE CHAIRPONTANILLA'S REQUEST, I MOVE TO HAVE CONTRACTSNO. C3907 AND C1567-3 REFERRED TO COMMITTEE ANDTHAT COUNTY COMMUNICATION 07-263 BE FILED.


SECOND.

CHAIR HOKAMA: I have a motion by Mr. Mateo, seconded by Mr. Medeiros, to file CountyCommunication 07-263, excluding those contracts that Mr. Mateo indicated that willbe referred to the finance portion of the Budget and Finance for oversight review bythe Committee.

Mr. Mateo, will you once more please repeat those contracts.

VICE-CHAIR MATEO: Surely, Chairman. The two contract numbers, C3907 and C1567-3.

CHAIR HOKAMA: Do you have the names of those--okay, C3907?

VICE-CHAIR MATEO: Correct.


CHAIR HOKAMA: Okay, Members, that is page one of the listing that is relating to theMarket Street Improvements, Wells Street to Kahawai Street. The vendor name isDiversified Machinery, in the amount of 6.7-plus million dollars.

And the second contract, please, Mister.

VICE-CHAIR MATEO: Yeah, Chairman, it's the Wastewater Division additional training,1567-3.

CHAIR HOKAMA: Okay. Thank you.

Ms. Johnson.

COUNCILMEMBER JOHNSON: It's just a question because on page two--

CHAIR HOKAMA: Yes.

COUNCILMEMBER JOHNSON: --there's also Contract No. C3924, which also is1,194,808, in addition to the 6,000,000, so I was curious as to why only one of thosecontracts was pulled.


VICE-CHAIR MATEO: Yeah, thank, thank you, Ms. Johnson.

It was the, the Budget Chair's determination that there was a--he had specificinquiries only one this one, one particular contract and not the other.

COUNCILMEMBER JOHNSON: Okay. Mr. Chair, I just, as a member of the BudgetCommittee, would ask then that C3924 also be pulled in conjunction with that,because I think it's helpful to see what monies are being expended and by who. So Iwould just ask that, that be added as my request.

CHAIR HOKAMA: Okay, that will be referred to Committee also.

Any further request regarding the month of July--June, excuse me, contracts. TheChair is going to refer also Contract C3450-2, the Kaunakakai Fire Station, vendorMitsunaga & Associates, to the Budget and Finance Committee. The Chair isinterested in the change orders regarding this project.

There being no further request, Members, all items except those that the Chair hasspecifically mentioned to be referred to Budget and Finance shall be filed as part ofthe motion.


Any further discussion? Having none, all in favor of the motion please say "aye."

AYES: COUNCILMEMBERS BA1SA, JOHNSON,MEDEIROS, MOLINA, VICTORINO,VICE-CHAIR MATEO, AND CHAIR HOKAMA.


NOES: NONE.


CHAIR HOKAMA: Motion is carried; seven "ayes", two "excused."'

Mr. Clerk.


Transmitting fifty-nine contracts for July 2007 for filing with the County Clerk.


VICE-CHAIR MATEO:

CHAIRMAN, AT COMMITTEE CHAIR PONTANILLA'SREQUEST, I MOVE TO HAVE CONTRACT NO. C3872-1 BEREFERRED TO COMMITTEE AND THAT COUNTYCOMMUNICATION NO. 07-264 BE FILED.


SECOND.

CHAIR HOKAMA: I have a motion by Mr. Mateo, seconded by Mr. Medeiros, to file CountyCommunication 07-264, which is fifty-nine contracts for the month of July 2007,excluding Contract C3872-1, Integrated Solid Waste Management Plan; Gershman,Brickner & Bratton; 40,794.

Any further request? Ms. Johnson.


COUNCILMEMBER JOHNSON: Yes. I also request No. C2198-6, which is on page five,and it's the first item, Operation of Co-Composting Facility, $1.9 million.

CHAIR HOKAMA: Okay. The Chair will be happy to have that contract referred.

Members, any further considerations or request to the Chair before he puts thequestion of filing before you? Having none, all in favor of the motion please say"aye."



NOES: NONE.


CHAIR HOKAMA: Motion is carried; seven "ayes", two "excused"--Ms. Anderson,Mr. Pontanilla.

Mr. Clerk.

NO. 07-265 CHARMAINE TAVARES, MAYOR,(dated August 29, 2007)

In accordance with Section 2.41.040, Maui County Code, informing the Council of avacancy on the Cost of Government Commission due to the resignation of KeithMoniz received on August 29, 2007.


VICE-CHAIR MATEO:

CHAIRMAN, I MOVE THAT COUNTY COMMUNICATION NO. 07-265BE FILED.


SECOND.


CHAIR HOKAMA: We have a motion by Mr. Mateo, seconded by Mr. Medeiros, to fileCounty Communication 07-265. Mr. Mateo.

VICE-CHAIR MATEO: Chairman, the communication complies with Section 2.41.040, MauiCounty Code, in providing a notice of vacancy. Mayor Tavares is advising this bodyof the resignation of Mr. Keith Moniz from the Cost of Government Commission onAugust 29, 2007.

I wish to thank Mr. Moniz for his participation and service to the people of MauiCounty.

There is no action required, and the filing of this communication is appropriate. I askthe Members for their favor consideration, Chairman.


Members, further discussion? With none, all in favor of the motion please say "aye."



NOES: NONE.


CHAIR HOKAMA: Motion is carried; seven "ayes", two "excused."

Mr. Clerk.

NO. 07-266 - G. RIKI HOKAMA, COUNCIL CHAIR,(dated September 12, 2007)

Transmitting a letter dated September 5, 2007, from Deputy Corporation CounselMadelyn S. D'Enbeau, relating to the settlement of the Douglas R. White property at1377 Front Street, Lahaina,



VICE-CHAIR MATEO:

CHAIRMAN, I MOVE THAT COUNTY COMMUNICATION NO. 07-266BE FILED.


SECOND.

CHAIR HOKAMA: We have a motion by Mr. Mateo, seconded by Mr. Medeiros, to fileCounty Communication 07-266, Mr. Mateo.

VICE-CHAIR MATEO: This communication, Chairman, dated September 12, 2007, is fromChairman Hokama to the Members of Council, and provides information fromCorporation Counsel that references the Douglas R. White versus County of Mauisettlement for real property located in 1377 Front Street, Lahaina.

The communication notifies us of the receipt of $464,671.38 as a result of a claimmade against Kemper Insurance by Corporation Counsel for the 700,000 in damagespaid to Mr. White. Kemper Insurance agreed to pay the damages, plus cost, less the250,000 self-insured retention.

These funds will be deposited into the County's General Fund. And there being noaction required of the Council, I ask the Members for their considerable, ah,consideration in filing this communication.

Thank you, Chair.


Members, any discussion on the motion? Ms. Johnson.

COUNCILMEMBER JOHNSON: Yes, Because this is an odd amount, you know, after youtake out a $250,000 deductible or self-insured retention, could Corporation Counseljust answer why we just didn't get a check for 500,000?

CHAIR HOKAMA: Mr. Moto, are you prepared to respond to the question?

CORPORATION COUNSEL: Mr. Chairman, yes. I, I briefly scanned a, a sheet thatdescribed the calculation. I believe it's with Madelyn D'Enbeau and in, and in herfiles.


But the, the num--the calculation also includes various costs that Kemper agreed toreimburse us for. These are costs of litigation that were incurred. And so that's whythe number get ... off into dollars and cents.

COUNCILMEMBER JOHNSON: But then in that case, I would think it would be more than500,000, because if you take 700,000 in damages, less 250, it would be.

CHAIR HOKAMA: Four-fifty.

CORPORATION COUNSEL: Four-fifty.

COUNCILMEMBER JOHNSON: Oh, four--I'm sorry. I understand. Okay. I'm taking it fromthe wrong amount, All right.

And so that is why the odd amount because of those cost which are not itemized onthis sheet.

CORPORATION COUNSEL: Yes.

COUNCILMEMBER JOHNSON: Okay. Thank you.


Members, any further discussion on the motion to file before you? Having none, all infavor of the motion please say "aye."



NOES: NONE.


CHAIR HOKAMA: Motion is carried. We have seven "ayes"; two "excused", Ms. Andersonand Mr. Pontanilla.

Mr. Clerk.


NO. 07-267 - G. RIKI HOKAMA, COUNCIL CHAIR,(dated September 13, 2007)

Transmitting the following:

1. A draft bill entitled "A BILL FOR AN ORDINANCE TO REGULATE THENUMBER OF TIME SHARE UNITS"; and

2. A draft resolution entitled "REFERRING A DRAFT BILL TO REGULATE THENUMBER OF TIME SHARE UNITS TO THE LANAI, MAUI, AND MOLOKAIPLANNING COMMISSIONS".

The County Clerk stated that the recommended action is that County CommunicationNo. 07-267 be referred to the Planning Committee.

NO. 07-268 - VANESSA A. MEDEIROS, DIRECTOR OF HOUSING AND HUMANCONCERNS, (dated September 7, 2007)

Transmitting a copy of a letter dated August 21, 2007, from Peter Durkson, CHM,Chair of the Council on Aging, requesting that the Maui County Council appoint aCouncil Member to serve as an ex-officio member on the Council on Aging.

The County Clerk stated that the recommended action is that County CommunicationNo. 07-268 be referred to the Policy Committee.

NO. 07-269 - CARL M. KAUPALOLO, FIRE CHIEF,(dated September 10, 2007)

Transmitting a proposed resolution entitled "AUTHORIZING ACCEPTANCE OFDONATION OF A JET SKI, RESCUE SLED, AND RELATED EQUIPMENT FROMKEVIN COMCOWICH TO THE DEPARTMENT OF FIRE AND PUBLIC SAFETY,COUNTY OF MAUI, PURSUANT TO CHAPTER 3.56, MAUI COUNTY CODE'.


(THE PROPOSED RESOLUTION ATTACHED TO COUNTYCOMMUNICATION NO. 07-269 WAS ADOPTED LATER INTHE MEETING AND ASSIGNED RESOLUTION NO. 07-113 .COUNTY COMMUNICATION NO. 07-269 WAS THEN FILED.See pages 33 through 36 for discussion.)



Transmitting a proposed resolution entitled "APPROVING THE ACQUISITION OFREAL PROPERTY AT HAIKU, MAUI, HAWAII" and related documents.


NO. 07-271 - TAMARA HORCAJO, DIRECTOR OF PARKS AND RECREATION,(dated September 10, 2007)

Informing the Council that the northern end of Kamaole III Beach Park in South Mauiwill be temporarily closed from September 14, 2007, due to scheduled work requiredfor the Sand Restoration Project, and is tentatively scheduled to reopen onOctober 6, 2007.

The County Clerk stated that the recommended action is that County CommunicationNo. 07-271 be referred to the Public Works and Facilities Committee.

(COUNTY COMMUNICATION NO. 07-271 WAS FILED LATERIN THE MEETING. See pages 36 and 37 for discussion.)

NO, 07-272 DEIDRE TEGARDEN, ECONOMIC DEVELOPMENT COORDINATOR,(dated September 5, 2007)

Transmitting a proposed resolution entitled "AUTHORIZING THE APPLICATIONAND DESIGNATION OF THE COUNTY OF MAUI AS A 'PRESERVE AMERICACOMMUNITY'".


NO. 07-273 - MILTON M. ARAKAWA, DIRECTOR OF PUBLIC WORKS,(dated September 4, 2007)

Transmitting a proposed resolution entitled "ACCEPTING DEDICATION OF A ROADWIDENING LOT FOR THE YATES SUBDIVISION, PURSUANT TOSECTION 3.44.015, MAUI COUNTY CODE'.



NO. 07-274 - TAMARA HORCAJO, DIRECTOR OF PARKS AND RECREATION,(dated September 10, 2007)

Transmitting a proposed resolution entitled "WAIVER OF COMFORT STATION ANDPARKING AREA REQUIREMENTS IN THE PINEAPPLE HILL AT KAPALUA PHASEII SUBDIVISION, LAHAINA, MAUI, HAWAII, PURSUANT TO SECTION 18.16.320,MAUI COUNTY CODE".


NO. 07-275 JEFFREY K. ENG, DIRECTOR OF WATER SUPPLY,(dated September 7, 2007)

Transmitting copies of the Department of Water Supply's Monthly Source Report andGroundwater Use Report for the month ended August 2007.

The County Clerk stated that the recommended action is that County CommunicationNo. 07-275 be referred to the Water Resources Committee.

CHAIR HOKAMA: Thank you very much, Mr. Clerk.

Members, you have the Chair's recommendation of referral of the various CountyCommunications as read by the Clerk and noted on the left-hand margin of youragendas.

The Chair would ask, you know what, we're going to take our, our, our midmorningbreak because there are a couple of communications that the Chair will be makingsome recommendations on, in particular, Communication 268, as well asCommunication 271.

So prior to the Chair's recommendation, we already had a short break this--earlier forMayor Dela Cruz, so we'll just take another short recess, Members, then we willreturn and finish the business of the Council as presented on today's agenda.

Is ten minutes sufficient for the Members' needs? We shall return, Members, atten-twenty. Council is in recess till 10:20 a.m.


(THE MEETING WAS RECESSED BY THE CHAIR AT 10:09 A.M., AND WASRECONVENED AT 10:24 A.M., WITH ALL MEMBERS PRESENT EXCEPTCOUNCILMEMBERS ANDERSON AND PONTANILLA, BOTH EXCUSED.)

CHAIR HOKAMA: The regular Council meeting of 21 September 2007 shall return to order.

Members, currently, we are under County Communications. You have heard therecommendations of referral for various communications, as read by the Clerk.

The Chair would request that item 07-269 be considered for Council action thismorning. And, therefore, the Chair recognizes Mr. Mateo.

COMMENTS AND ACTION RELATING TOCOUNTY COMMUNICATION NO. 07-269

VICE-CHAIR MATEO: Chairman, thank you very much.

Mr. Chair and Members, I reference my memo dated September 19, 2007, to theCouncil Chair and each of the Members. The memo recognizes the intent to ask fora waiver at this point, Chairman, to address a longstanding item that has beenwaiting in the wings for almost two years.

WITH THAT, CHAIRMAN, I MOVE THAT THE REQUIREMENTOF COMMITTEE REFERRAL AND RECOMMENDATION FORTHE PROPOSED RESOLUTION TRANSMITTED BY COUNTYCOMMUNICATION NO. 07-269 BE WAIVED, PURSUANT TOSECTION 5(H) OF THE RULES OF THE COUNCIL.


SECOND.

CHAIR HOKAMA: Okay, we have a motion by Mr. Mateo, seconded by Mr. Medeiros, towaive committee referral and recommendation re, relating to CountyCommunication 07-269 and the attached resolution.

Is there any discussion? Having none, all in favor of that motion, please say "aye."




NOES: NONE.


CHAIR HOKAMA: Motion is carried; seven "ayes", two "excused."

Mr. Mateo.

VICE-CHAIR MATEO:

CHAIRMAN, I MOVE THAT THE PROPOSED RESOLUTIONATTACHED TO COUNTY COMMUNICATION NO, 07-269 BEADOPTED.


SECOND.

CHAIR HOKAMA: We have a motion by Mr. Mateo, seconded by Mr. Medeiros, to adoptproposed resolution entitled "AUTHORIZING ACCEPTANCE OF DONATION OF AJET SKI, RESCUE SLED, AND RELATED EQUIPMENT FROM KEVINCOMCOWICH TO THE DEPARTMENT OF FIRE AND PUBLIC SAFETY, COUNTYOF MAUI, PURSUANT TO CHAPTER 3.56," of "THE MAUI COUNTY CODE.

Mr. Mateo.

VICE-CHAIR MATEO: Chairman, thank you. And I would like to request that the Clerk alsoread the resolution for the public's information since the resolution is not very lengthy.

CHAIR HOKAMA: Thank you for that request.

Mr. Clerk.

(The resolution was read in its entirety.)


Mr. Mateo.


VICE -CHAIR MATEO: Chairman. Kevin Comcowich's generosity to the County of Mauitruly needs to be recognized. All of the equipment being donated will save lives onthe island of Molokai. Thirteen thousand one hundred twenty-four dollars andeighty-three cents in donation is considerable and very generous.

1 do need, however, to apologize to Mr. Comcowich for the very long two-year wait inseeing that this donated equipment finally gets to Molokai. His patience andunderstanding is greatly appreciated.

And I ask the Members for their favorable consideration in adopting the resolution.And, Chairman, I ask that the filing of this communication also be incorporated intothe motion.

Thank you.

CHAIR HOKAMA: Okay. Members, with no objections, the Chair is recognizing the motionto also include the filing of the communication.


CHAIR HOKAMA: Okay. Thank you. Further discussion, Members? Okay, having none,we'll vote. And, and thank you for that comments, Mr. Mateo, because 1 waswondering why we were looking at a 2004 piece of equipment.

Okay, with no further discussion, Members, all in favor of the motion please sayaye."

AYES: COUNCILMEMBERS BALSA, JOHNSON,MEDEIROS, MOLINA, VICTORINO,VICE-CHAIR MATEO, AND CHAIR HOKAMA.


NOES: NONE.




And we thank Mr. Mateo, and also our belated thanks to Mr. Comcowich for thegenerosity he provides our department.

Mr. Clerk.

COUNTY CLERK: Mr. Chairman, for the record, RESOLUTION 07-113.

RESOLUTION NO. 07-113 WAS ADOPTED AND COUNTYCOMMUNICATION NO, 07-269 WAS FILED.


Members, the--

COUNTY CLERK: Proceed.

CHAIR HOKAMA: --ex, Members, at this time, the Chair recognizes Mr. Victorino.

COMMENTS AND ACTION RELATING TOCOUNTY COMMUNICATION Na 07-271

COUNCILMEMBER VICTORINO: Thank you, Mr. Chair.

I'D LIKE TO MOVE TO FILE COUNTY COMMUNICATION 07-271.


SECOND.

CHAIR HOKAMA: We have a motion by Mr. Victorino, seconded by Mr. Medeiros, to fileCounty Communication 07-271. Mr. Victorino.

COUNCILMEMBER VICTORINO: Yes, thank you, Mr. Chair.

The Department has put notices in The Maui News. There was a nice write-up,actually, in The Maui News, notifying the community of this restoration and the workthat has been ongoing at Kamaole III Beach Park in South Maui and the closure.This restoration project should be completed by October 6, and the reopening of thepark.


So I think with that in mind, we have been duly notified. And rd like to thank theRichardsons and many others who are doing the fine work in South Maui in thatrestoration program.

Thank you.

CHAIR HOKAMA: Okay. Thank you.

Members, you have heard the motion and explanation by Mr. Victorino. Furtherdiscussion? Having none, all in favor of the motion please say "aye."

AYES: COUNCILMEMBERS BA1SA, JOHNSON,MEDEIROS, MOLINA, VICTORINO,VICE-CHAIR MATEO, AND CHAIR HOKAMA.


NOES: NONE.



Members, that is the last of the Chair's recommendations, as well as request foraction. Are there any others before that you wish to present to the Chair? Havingnone, with no objections, all other communications will be referred to the variousstanding committees of Council as noted on your agenda.


CHAIR HOKAMA: Thank you. So ordered.

Mr. Clerk.

COUNTY COMMUNICATION NO. 07-271 WAS FILED.


The following bills for ordinances were presented.

ORDINANCES

ORDINANCE NO.BILL NO. 50 (2007)

A BILL FOR AN ORDINANCE AMENDING THEFISCAL YEAR 2008 BUDGET FOR THE COUNTY OF MAUI, AS IT

PERTAINS TO REVENUES - FEES, RATES, ASSESSMENTSAND TAXES FOR REFUSE COLLECTION


VICE-CHAIR MATEO:

CHAIRMAN, ON BEHALF OF BUDGET AND FINANCECOMMITTEE CHAIR PONTANILLA, I MOVE THAT BILL 50PASS ON SECOND AND FINAL READING.


SECOND.

CHAIR HOKAMA: We have a motion by Mr. Mateo, seconded by Mr. Medeiros, to passBills 5-0, 50, on second and final reading. Mr. Mateo.

VICE-CHAIR MATEO: Adoption of this bill amends the fiscal, Fiscal Year 2008 Budget as itpertains to "Revenues - Fees, Rates, Assessments and Taxes for Refuse Collection",establishing a $6 monthly fee for refuse collection accounts on the island of Lanai.

The amended fee represents more equitable charges in services for the residents ofLanai who are restricted to once-a-week automated pickup to experience a wastedisposal capacity which is 50 percent less than provided in other districts of MauiCounty.

And I urge the Members' support in the adoption of this bill.


Further discussion, Members? Having none, all in favor of the motion please say"aye."




NOES: NONE.


CHAIR HOKAMA: Motion is carried. We have seven "ayes"; two "excused", Ms. Andersonand Mr. Pontanilla. Bill 50 passes second and final reading.

Mr. Clerk.

ORDINANCE NO. BILL NO. 51 (2007)

A BILL FOR AN ORDINANCE TO AMEND THEKIHEI-MAKENA COMMUNITY PLAN AND LAND USE MAP FROM

LIGHT INDUSTRIAL TO HEAVY INDUSTRIAL FOR APPROXIMATELY9.811 ACRES SITUATED AT PUUNENE, MAUI, HAWAII

CHAIR HOKAMA: Mr. Molina.


IF THERE ARE NO OBJECTIONS, I WOULD LIKE TO ASKFOR YOUR CONSIDERATION, AS WELL AS THE BODY, TOINCORPORATE IN ONE MOTION FOR APPROVAL ONSECOND AND FINAL READING, BILLS 51 THROUGH 56.

COUNCILMEMBER VICTORINO: No objection.

VICE-CHAIR MATEO: No objection.

COUNCILMEMBER MEDEIROS; No objections.

CHAIR HOKAMA: I need a second, Members.



SECOND.

CHAIR HOKAMA: I have a motion by Mr. Molina, seconded by Mr. Victorino, to pass Bill 51and including up to Bill 56, to pass second and final reading.

Mr. Clerk, will you please read the titles of the remaining bills for action.

Bill Nos. 52 (2007) through Bill No. 56 (2007) were presented.


A BILL FOR AN ORDINANCE TO AMEND THE KIHEI-MAKENACOMMUNITY PLAN AND LAND USE MAP FROM LIGHT INDUSTRIAL

TO HEAVY INDUSTRIAL FOR APPROXIMATELY58,091 SQUARE FEET SITUATED AT PUUNENE, MAUI, HAWAII


A BILL FOR AN ORDINANCE TO AMEND THE KIHEI-MAKENACOMMUNITY PLAN AND LAND USE MAP FROM LIGHT INDUSTRIAL

TO HEAVY INDUSTRIAL FOR APPROXIMATELY43,810 SQUARE FEET SITUATED AT PUUNENE, MAUI, HAWAII

ORDINANCE NO, BILL NO. 54 (2007)

A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM AGRICULTURALDISTRICT TO M-2 HEAVY INDUSTRIAL DISTRICT (CONDITIONAL ZONING)

FOR APPROXIMATELY 9.811 ACRES SITUATED AT PUUNENE, MAUI, HAWAII


A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM M-1 LIGHTINDUSTRIAL DISTRICT TO M-2 HEAVY INDUSTRIAL DISTRICT

(CONDITIONAL ZONING) FOR APPROXIMATELY 58,091 SQUARE FEETSITUATED AT PUUNENE, MAUI, HAWAII



A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM M-1 LIGHTINDUSTRIAL DISTRICT TO M-2 HEAVY INDUSTRIAL DISTRICT (CONDITIONAL

ZONING) FOR APPROXIMATELY 43,810 SQUARE FEETSITUATED AT PUUNENE, MAUI, HAWAII

COUNTY CLERK: We would also note that the unilateral agreements for Bill Nos. 54through 56 have been recorded and copies have been duly distributed.

CHAIR HOKAMA: Thank you, Mr. Clerk,

Mr. Molina.


As read by the Clerk, these bills relates to amending the Kihei-Makena Communityand Land Use Map from Light Industrial to Heavy Industrial, and a change in zoningfrom Ag District to M-2 Heavy Industrial for three separate properties.

The request is being made by the applicant S & F Land Company for properties itleases from Alexander & Baldwin to accommodate heavy industrial uses, whichinclude the existing metal recycling facility on one of the properties.

At first reading, the change in zoning bills were amended to bind the landowner totwo conditions of zoning, and the Council was also informed by Corporation Counselthat the Workforce Housing Policy does not apply towards this application as well.

So I ask for the Members' support for the passage of these six bills.

Thank you, Mr, Chairman.

CHAIR HOKAMA: Thank you, Mr. Molina. Excuse me.

Members, any further discussion on any of the bills that are before you by this motionfor second and final reading? Having none, all in favor of the motion please say"aye."




NOES: NONE.


CHAIR HOKAMA: Motion is carried. We have seven "ayes"; two "excused", Ms. Andersonand Mr. Pontanilla. Bills 51, 52, 53, 54, 55, and 56 passes second and final reading.

Mr. Clerk.

ORDINANCE NO. BILL NO. 57 ,(2007)

A BILL FOR AN ORDINANCE AMENDING SECTION 22.04A.070, MAUI COUNTYCODE, RELATING TO THE KULA AGRICULTURAL PARK COMMITTEE


VICE-CHAIR MATEO:

CHAIRMAN, I MOVE THAT BILL NO. 57 PASS ON SECONDAND FINAL READING.


SECOND.

CHAIR HOKAMA: We have a motion by Mr. Mateo, seconded by Mr. Medeiros, to passBill 57 on second and final reading. Mr. Mateo.

VICE-CHAIR MATEO: Chairman, this bill propose to amend Section 22.04A.070 of theMaui County Code relating to the Kula Agricultural Park Committee by providing thatthe term of the Council's representative on the Kula Agricultural Park Committee shallbe concurrent with the Council Member's term of office; and that the term of theMayor's representative shall also be concurrent with the Mayor's term of office.



Members, any further discussion? Having none, all in favor of the motion please say"aye."



NOES: NONE.


CHAIR HOKAMA: Motion is carried; seven "ayes", two "excused"--Ms. Anderson,Mr. Pontanilla. Bill 57 passes second and final reading.

Mr. Clerk.

COUNTY CLERK: Mr. Chairman, we have no further business scheduled for today.


Members, we are under "Announcements", and the Chair would, today, recognizeMr. Victorino to share any comments if he has.

ANNOUNCEMENTS

Members of the Council offered various announcements.

ADJOURNMENT

There being no further business before the Council, the regular meeting of September 21,2007, was adjourned by the Chair at 11:01 a.m.

(!)Y T. HI G Y , COUNTY CLERKOUNTY OF MAU, STATE OF HAWAII

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