Council of the County of Maui

Agenda — 61 items

1. 1 PAGE BREAK
2. 2 ROLL CALL ▶ jump to 3:13
3. 3 OPENING REMARKS: ▶ jump to 5:48
4. 4 COUNCIL CHAIR ALICE LEE
5. 5 PLEDGE OF ALLEGIANCE ▶ jump to 8:03
6. 6 PRESENTATION OF WRITTEN OR ORAL TESTIMONY ▶ jump to 10:46
7. 7 COMMUNICATIONS:
8. 7 PRESENTATION OF WRITTEN OR ORAL TESTIMONY ▶ jump to 53:38
9. 8 COUNTY COMMUNICATIONS:
10. 9 COUNCILMEMBER PALTIN, transmitting a proposed amendment to Resolution 25-230, entitled "REFERRING TO THE LĀNAʻI, MAUI, AND MOLOKAI PLANNING COMMISSIONS A PROPOSED BILL AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH THE H-3 AND H-4 HOTEL DISTRICTS". CC 26-1 ▶ jump to 112:15
11. 10 COUNCILMEMBER RAWLINS-FERNANDEZ, transmitting a proposed amendment to Resolution 25-230, entitled "REFERRING TO THE LĀNAʻI, MAUI, AND MOLOKAI PLANNING COMMISSIONS A PROPOSED BILL AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH THE H-3 AND H-4 HOTEL DISTRICTS". CC 26-2 ▶ jump to 112:51
12. 11 COMMITTEE REPORTS:
13. 12 Budget, Finance, and Economic Development Committee
14. 13 Recommending ADOPTION of Resolution 25-221 to amend the Fiscal Year 2026 Budget, Department of Public Works, by transferring $145,000 from Road, Bridge, and Drainage Maintenance Program - Highway Fund, Category A (Salaries), and $75,000 from Traffic Management Program - Highway Fund, Category A (Salaries), to the Traffic Management Program - Highway Fund, Category B (Operations & Equipment), to cover $220,000 in unanticipated operational costs. CR 26-1 ▶ jump to 114:34
15. 14 Recommending the following: 1. FIRST READING of Bill 177 (2025) to amend Ordinance 5820 (2025), which authorizes the Mayor to enter into intergovernmental agreements for loans from the State of Hawaiʻi’s Water Pollution Control Revolving Fund to finance various projects, to add a $22,409,000 project entitled, “Lahaina Wastewater Reclamation Facility Returned Activated Sludge (RAS)/Dewatering Upgrades”; and 2. FIRST READING of Bill 178 (2025) to amend the Fiscal Year 2026 Budget by: 1) amending Section 2, Estimated Revenues, by increasing Other Intergovernmental by $22,409,000; 2) amending Section 4.A.6.a., Department of Environmental Management, West Maui Community Plan Area, by adding a State Revolving Loan Fund appropriation entitled “Lahaina Wastewater Reclamation Facility Returned Activated Sludge (RAS)/Dewatering Upgrades” in the amount of $22,409,000; 3) adjusting the totals accordingly; and 4) amending Appendix C - Capital Improvement Projects, Department of Environmental Management, West Maui Community Plan Area, by increasing the appropriation for “Lahaina Wastewater Reclamation Facility Returned Activated Sludge (RAS)/Dewatering Upgrades” by $22,409,000, from $10,000,000 to $32,409,000. CR 26-2 ▶ jump to 115:17
16. 15 Disaster Recovery, International Affairs, and Planning Committee
17. 16 Recommending FIRST READING of Bill 161, CD1 (2025), to establish restrictions on the permitting and construction of new private swimming pools in the West Maui Community Plan Area until December 31, 2030, or until specified conditions relating to water availability have been satisfied, whichever is earlier. CR 26-3 ▶ jump to 118:21
18. 17 Special Committee on Real Property Tax Reform
19. 18 Recommending FIRST READING of Bill 168, CD1 (2025), to create a new real property tax exemption for homes rented at no more than 70 percent of fair market rents set by the United States Department of Housing and Urban Development, beginning with the tax year starting July 1, 2027. CR 26-4 ▶ jump to 120:45
20. 19 Water and Infrastructure Committee
21. 20 Recommending FIRST READING of Bill 158, CD1 (2025), to establish water conservation measures and to regulate water use during water shortage declarations. CR 26-5 ▶ jump to 122:27
22. 21 RESOLUTIONS:
23. 22 "AUTHORIZING A ONE-YEAR EXTENSION TO GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" Reso 26-2 ▶ jump to 130:33
24. 23 "AUTHORIZING A ONE-YEAR EXTENSION TO GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" Reso 26-3 ▶ jump to 130:35
25. 24 "AUTHORIZING A GRANT OF GROUND LEASE TO A0745 LANAI, L.P., FOR REAL PROPERTY LOCATED ON LĀNAʻI, HAWAIʻI IDENTIFIED FOR REAL PROPERTY TAX PURPOSES AS TAX MAP KEY (2) 4-9-002:058, UNDER SECTIONS 3.40.200 AND 3.36.090, MAUI COUNTY CODE" Reso 26-4 ▶ jump to 131:06
26. 25 ORDINANCES:
27. 26 "A BILL FOR AN ORDINANCE AMENDING THE WATER AVAILABILITY POLICY ON SUBDIVISION CONSTRUCTION PLANS" Bill 1 (2026) ▶ jump to 136:19
28. 27 "A BILL FOR AN ORDINANCE AMENDING SECTION 2.56.080, MAUI COUNTY CODE, RELATING TO SETTING THE SALARIES BY THE EXECUTIVE DIRECTOR AND ESTABLISHING NEW PAY SCALES" Bill 2 (2026) ▶ jump to 136:33
29. 28 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET FOR THE COUNTY OF MAUI, ESTIMATED REVENUES, CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF HOUSING, WEST MAUI COMMUNITY PLAN AREA, OTHER PROJECTS, HOUSING, INTERIM FINANCING, AND BUY-BACK REVOLVING FUND, KOMOHANA HALE APARTMENTS REBUILD; AND APPENDIX C, DEPARTMENT OF HOUSING, WEST MAUI COMMUNITY PLAN AREA, KOMOHANA HALE APARTMENTS REBUILD" Bill 3 (2026) ▶ jump to 136:49
30. 29 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, GENERAL FUND, BY $5,000,000, DEPARTMENT OF HOUSING, HOUSING PROGRAM, INCREASE THE APPROPRIATION FOR GRANT TO LAHAINA COMMUNITY LAND TRUST BY $5,000,000, APPENDIX A, PART II, OPEN SPACE, NATURAL RESOURCES, CULTURAL RESOURCES, AND SCENIC VIEWS PRESERVATION FUND, DELETE THE CONDITION FOR LAHAINA COMMUNITY LAND TRUST IN THE AMOUNT OF $5,000,000" Bill 4 (2026) ▶ jump to 141:00
31. 30 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, MAKAWAO-PĀʻIA-HAʻIKŪ ECONOMIC DEVELOPMENT, ENVIRONMENTAL, AND CULTURAL PROGRAMS, REMOVING THE CONDITIONAL LANGUAGE FOR KAIZEN GROUP INC. AND INSERTING CONDITIONAL LANGUAGE FOR NĀ MAKA O MĀLIKO" Bill 5 (2026) ▶ jump to 144:59
32. 31 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, GENERAL FUND, BY $162,500, DEPARTMENT OF HUMAN CONCERNS, HUMAN CONCERNS PROGRAM, GRANTS AND DISBURSEMENTS FOR HEALTH, HUMAN SERVICES, AND EDUCATION, INCREASE THE APPROPRIATION FOR HOUSELESS PROGRAMS IN THE AMOUNTY OF $162,500" Bill 6 (2026) ▶ jump to 146:02
33. 32 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART I, EAST MAUI WATER AUTHORITY, HAWAII COMMUNITY FOUNDATION, FRESH WATER INITIATIVE, NEW APPROPRIATION OF $40,000" Bill 7 (2026) ▶ jump to 147:46
34. 33 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, DEPARTMENT OF MANAGEMENT, OFFICE OF RECOVERY PROGRAM, ADDING NEW CONDITIONAL LANGUAGE FOR FESTIVALS OF ALOHA, INC." Bill 8 (2026)
35. 34 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASE ESTIMATED REVENUES, LICENSES/PERMITS/OTHERS BY $10,000,000, INCREASE CARRYOVER/SAVINGS, GENERAL FUND BY $10,000,000, DEPARTMENT OF FINANCE, COUNTYWIDE COSTS, INCREASE APPROPRIATION FOR TRANSFER TO THE GENERAL EXCISE TAX FUND BY $10,000,000, DEPARTMENT OF WATER SUPPLY, WATER OPERATIONS PROGRAM - WATER FUND, INCREASE EQUIVALENT PERSONNEL BY 10.0, CAPITAL IMPROVEMENT PROJECTS AND APPENDIX C, DEPARTMENT OF WATER SUPPLY, COUNTYWIDE, INCREASE APPROPRIATION FOR INTEGRATION OF PUBLIC AND PRIVATE WATER SYSTEMS IN THE AMOUNT OF $10,000,000, AND APPENDIX A, PART II, GENERAL EXCISE TAX FUND, INCREASE APPROPRIATION FOR ACQUISITION OF PRIVATE WATER SYSTEMS AND WELLS IN THE AMOUNT OF $10,000,000" Bill 9 (2026) ▶ jump to 152:00
36. 35 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, GENERAL FUND, BY $3,000,000, DEPARTMENT OF MANAGEMENT, INFORMATION TECHNOLOGY SERVICES (ITS) PROGRAM, INCREASE CATEGORY B - OPERATIONS & EQUIPMENT BY $3,000,000" Bill 10 (2026) ▶ jump to 152:44
37. 36 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART II, AFFORDABLE HOUSING FUND, KEHALANI AFFORDABLE LLC, TO UPDATE THE UNIT DISTRIBUTION" Bill 11 (2026) ▶ jump to 147:35
38. 37 ORDINANCES - SECOND AND FINAL READING:
39. 38 "A BILL FOR AN ORDINANCE AMENDING TITLE 2, MAUI COUNTY CODE, ON ALTERNATE MEMBERS OF BOARDS AND COMMISSIONS" Bill 105, CD1 (2025) ▶ jump to 153:09
40. 38 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART II, AFFORDABLE HOUSING FUND, KEHALANI AFFORDABLE LLC, TO UPDATE THE UNIT DISTRIBUTION" Bill 11 (2026) ▶ jump to 147:52
41. 39 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART I, DEPARTMENT OF ʻŌIWI RESOURCES, PRIVATE DONATIONS, NEW APPROPRIATION OF $1,000" Bill 182 (2025) ▶ jump to 154:01
42. 40 "A BILL FOR AN ORDINANCE AMENDING ORDINANCE 5334 (2021), THE WEST MAUI COMMUNITY PLAN, AS AMENDED, ON BUILDING HEIGHTS FOR NEW CONSTRUCTION IN THE LĀHAINĀ NATIONAL HISTORIC LANDMARK DISTRICT" Bill 183 (2025) ▶ jump to 155:54
43. 41 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, GENERAL FUND BY $5,000,000, CAPITAL IMPROVEMENT PROJECTS AND APPENDIX C, DEPARTMENT OF PARKS AND RECREATION, COUNTYWIDE, INCREASE APPROPRIATION FOR COUNTYWIDE PARKS FACILITIES BY $1,200,000, PĀʻIA-HAʻIKŪ COMMUNITY PLAN AREA, ADD NEW APPROPRIATION FOR LOWER PAIA PARK PARKING LOT IN THE AMOUNT OF $300,000, WAILUKU-KAHULUl COMMUNITY PLAN AREA, ADD NEW APPROPRIATIONS FOR WAR MEMORIAL GYM BUILDING IMPROVEMENTS IN THE AMOUNT OF $2,000,000, AND WAR MEMORIAL FOOTBALL STADIUM AND TRACK REHABILITATION IN THE AMOUNT OF $1,500,000" Bill 184 (2025) ▶ jump to 156:18
44. 42 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, HIGHWAY FUND BY $75,000, AND DEPARTMENT OF TRANSPORTATION, ADMINISTRATION PROGRAM - HIGHWAY FUND, INCREASE APPROPRIATION BY $75,000" Bill 185 (2025) ▶ jump to 159:51
45. 43 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, GENERAL FUND BY $500,000, CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF THE PROSECUTING ATTORNEY, WAILUKU-KAHULUI COMMUNITY PLAN AREA, GOVERNMENT FACILITIES, NEW APPROPRIATION FOR 24 NORTH CHURCH STREET BUILDING RENOVATIONS FOR $500,000, AND APPENDIX C, DEPARTMENT OF THE PROSECUTING ATTORNEY, WAILUKU-KAHULUl COMMUNITY PLAN AREA, NEW APPROPRIATION FOR 24 NORTH CHURCH STREET BUILDING RENOVATIONS FOR $500,000" Bill 186 (2025) ▶ jump to 157:18
46. 44 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET. DEPARTMENT OF FINANCE, COUNTYWIDE COSTS, INCREASE THE CONDITIONAL LANGUAGE APPROPRIATION UNDER INSURANCE PROGRAMS AND SELF INSURANCE IN THE AMOUNT OF $400,000" Bill 187 (2025) ▶ jump to 157:43
47. 45 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX B, DEPARTMENT OF FINANCE, GENERAL FUND, SALES OF SPECIAL LICENSE PLATES: SPECIAL LICENSE PLATES, DEPARTMENT OF FINANCE, SPECIAL REVENUE/TRUST AND AGENCY FUND, OUTRIGGER DUKE KAHANAMOKU FOUNDATION COMMEMORATIVE LICENSE PLATES" Bill 188 (2025) ▶ jump to 157:56
48. 46 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART I, DEPARTMENT OF PUBLIC WORKS, NEW APPROPRIATION FOR DEPARTMENT OF TRANSPORTATION, HAWAII SAFE ROUTES TO SCHOOL SPECIAL FUND OF $2,850,000, AND APPENDIX C, DEPARTMENT OF PUBLIC WORKS, COUNTYWIDE, INCREASE THE APPROPRIATION FOR COUNTYWIDE TRAFFIC AND SAFETY PROGRAM BY $2,850,000" Bill 189 (2025) ▶ jump to 158:17
49. 47 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, INCREASING ESTIMATED REVENUES, CARRYOVER/SAVINGS, GENERAL FUND BY $800,000, CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF POLICE, COUNTYWIDE, INCREASE APPROPRIATION FOR COUNTYWIDE POLICE FACILITIES IN THE AMOUNT OF $800,000, APPENDIX C, DEPARTMENT OF POLICE, INCREASE APPROPRIATION FOR COUNTYWIDE, COUNTYWIDE POLICE FACILITIES IN THE AMOUNT OF $800,000" Bill 190 (2025) ▶ jump to 158:40
50. 48 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, WAILUKU ECONOMIC DEVELOPMENT, ENVIRONMENTAL, AND CULTURAL PROGRAMS, UPDATE CONDITIONAL LANGUAGE FOR MAUI NUI RESILIENCY HUI" Bill 191 (2025) ▶ jump to 159:06
51. 49 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, OFFICE OF THE MAYOR, ADMINISTRATION PROGRAM, UPDATING CONDITIONAL LANGUAGE FOR HOUSELESS SOLUTIONS" Bill 192 (2025) ▶ jump to 159:23
52. 50 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, DEPARTMENT OF MANAGEMENT, BOARD OF ETHICS PROGRAM, INCREASE EQUIVALENT PERSONNEL BY 2.0" Bill 193 (2025)
53. 51 "A BILL FOR AN ORDINANCE ESTABLISHING CHAPTER 2.03, MAUI COUNTY CODE, ON COUNTY COUNCIL VACANCIES IN OFFICE" Bill 194 (2025) ▶ jump to 165:30
54. 52 UNFINISHED BUSINESS:
55. 53 CEREMONIAL RESOLUTIONS:
56. 54 "CONGRATULATING KUMU HULA IOLA BALUBAR ON 50 YEARS OF HULA EXCELLENCE" Reso 25-213 ▶ jump to 24:36
57. 55 RESOLUTIONS:
58. 56 "REFERRING TO THE LĀNAʻI, MAUI, AND MOLOKAI PLANNING COMMISSIONS A PROPOSED BILL AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH THE H-3 AND H-4 HOTEL DISTRICTS" Reso 25-230
59. 57 "AUTHORIZING A GRANT OF GROUND LEASE TO A0745 LANAI, L.P., FOR REAL PROPERTY LOCATED ON LĀNAʻI, HAWAII, IDENTIFIED FOR REAL PROPERTY TAX PURPOSES AS TAX MAP KEY (2) 4-9-002:058, UNDER SECTIONS 3.40.200 AND 3.36.090, MAUI COUNTY CODE" Reso 25-233 ▶ jump to 260:09
60. 58 BOARD PACKETS, as defined in Section 92-7.5, HRS, will be electronically posted as soon as practicable. ORAL TESTIMONY. For more information on testifying, please visit https://www.mauicounty.us/teams/ Oral testimony on any agenda item will be accepted at the beginning of the meeting and prior to Council's deliberation on each section of the agenda. Testimony must pertain to items on the agenda. In the meeting controls at the top of the Teams screen, select RAISE YOUR HAND. Staff will add your name to the testifier list and will lower your hand. You may check your place in line by accessing the Testifier Log, with the link posted in Chat. When it is your turn to testify, staff will call your name and will allow you to unmute your video and microphone. State your name, if you choose to do so, and also identify the item number(s) on which you wish to testify. To testify via phone, please call in to the phone number and enter the meeting ID noted on the first page of this agenda. Follow the instructions provided on the call to raise your hand to be added to the testifier list. When it is your turn to testify, the Clerk will call the last four digits of the testifier’s phone number. You will be able to unmute yourself when called to testify. Each testifier will be allowed to speak for up to three minutes on each item. The time limits for testimony may be modified, if the modification is initiated by the presiding officer and approved by a majority of the Council; provided that a modification would apply equally to all testifiers and all items. No further oral testimony by the testifier on the item shall be permitted. An individual's request to testify may be deemed withdrawn if the individual does not answer when called to testify. If the connection between any testifier and the video conference is lost, the meeting will still continue. If a meeting participant wishes to testify anonymously, log in to the meeting with "anonymous" as your name and virtually raise your hand as described above. DECORUM. Any person who behaves in a manner that disrupts, disturbs, or impedes the orderly conduct of any Council meeting can, at the discretion of the presiding officer or a majority of present Council members, be ejected or banned from Council meetings. If participating remotely, participants may be muted or dropped from the meeting for breaking decorum. Examples of disruptive behavior include, but are not limited to: heckling, shouting, use of profanity, threatening or slanderous remarks made to any member of the Council, staff, or general public. Use of the chat feature is restricted to County use only. It shall be considered a breach of decorum for members of the public to use the Chat.
61. 59 WRITTEN TESTIMONY may be submitted by e-mail to county.clerk@mauicounty.us, by fax to (808) 270-7171, or to the Office of the County Clerk, 200 South High Street, Ste. 708, Wailuku, Hawaiʻi, 96793. Written testimony should be received at least 24 hours prior to the meeting; except if a meeting will be held on a Monday, written testimony should be received by noon on the business day preceding the meeting. While the Council requests that written testimony be submitted as noted, testimony submitted after that date and time will still be accepted. Members of the public interested in information about offering testimony on an agenda item may contact the Office of the County Clerk at (808) 270-7748 prior to the meeting. INTERRUPTION IN VIDEO/AUDIO. This meeting is being conducted in accordance with Section 92-3.7, HRS. Nothing said in the meeting or included in the agenda is intended to create obligations in excess of those required under Section 92-3.7, HRS. If Teams connectivity affecting quorum is lost, Council will be in recess. It will not be considered a loss of quorum unless connectivity cannot be restored within 30 minutes. If the Teams connection is prematurely terminated, for whatever reason, please log back into the same link. If connectivity affecting quorum cannot be restored within 30 minutes, the meeting will automatically reconvene the following Tuesday at 9 a.m., using the same virtual connections, unless the Council announces a different date and time. If any Courtesy Testimony Site loses its connection to the meeting, the meeting will continue without that location, irrespective of whether a Councilmember is participating from that site. If Akakū prematurely ceases broadcasting the meeting, the meeting will continue via interactive conference technology and a recording will include archived meeting videos. DISABILITY ACCESS. Anyone requesting an auxiliary aid or service or other accommodation due to a disability should contact the County Clerk as soon as possible prior to the meeting date at (808) 270-7748 or county.clerk@mauicounty.us and allow for adequate time to fulfill the request.