Council of the County of Maui

Agenda — 56 items

1. 1 PAGE BREAK
2. 2 ROLL CALL ▶ jump to 29:42
3. 3 OPENING REMARKS: ▶ jump to 32:14
4. 4 COUNCILMEMBER KEANI RAWLINS-FERNANDEZ
5. 5 PLEDGE OF ALLEGIANCE ▶ jump to 37:08
6. 6 TESTIMONY ON CEREMONIAL RESOLUTIONS ▶ jump to 37:51
7. 7 CEREMONIAL RESOLUTIONS:
8. 8 "RECOGNIZING OCTOBER AS FILIPINO AMERICAN HISTORY MONTH AND HONORING THE COMMUNITY CONTRIBUTIONS OF FILIPINOS IN MAUI COUNTY" Reso 25-200 ▶ jump to 72:06
9. 9 PRESENTATION OF WRITTEN OR ORAL TESTIMONY ▶ jump to 91:16
10. 10 COMMITTEE REPORTS:
11. 11 Budget, Finance, and Economic Development Committee
12. 12 Recommending the following: 1. FIRST READING of Bill 103, CD1 (2025), to amend the Fiscal Year 2026 Budget, by: 1) increasing Estimated Revenues for Bond/Lapsed Bond by $10,000,000; 2) adding a new Capital Improvement Project appropriation, entitled “24 North Church Street Building Acquisition And Renovations,” for $10,000,000; 3) adding the project and description to Appendix C; and 4) adjusting the totals accordingly; 2. FIRST READING of Bill 104 (2025), to amend the Fiscal Year 2026 general obligation bond authorization ordinance by adding an appropriation for the Department of Management, Wailuku-Kahului Community Plan Area, Government Facilities, entitled “24 North Church Street Building Acquisition and Renovations,” in the amount of $10,000,000; and 3. ADOPTION of Resolution 25-173, to authorize the acquisition of 24 North Church Street, Wailuku, Hawaiʻi, inclusive of a 12,962-square-foot parcel with a four-story, 30-unit office building and a 10,782-square-foot parking garage, identified as Tax Map Keys (2) 3-4-013-044:0000 through 0030, for $9,500,000 plus expenses. CR 25-66 ▶ jump to 138:25
13. 13 PAGE BREAK
14. 14 Recommending the following: 1. FIRST READING of Bill 127, CD1 (2025), to amend the Fiscal Year 2026 Budget, by: 1) increasing Estimated Revenues for Bond/Lapsed Bond by $5,862,123; 2) adding a new Capital Improvement Project appropriation, entitled “Kula Agricultural Park Phase I Expansion - Upcountry Maui Ag Park,” for $5,862,123; 3) adding the project and description to Appendix C; and 4) adjusting the totals accordingly; and 2. FIRST READING of Bill 128, CD1 (2025), to amend the Fiscal Year 2026 general obligation bond authorization ordinance by adding the Department of Agriculture and a new appropriation under Makawao-Pukalani-Kula Community Plan Area, Other Projects, entitled “Kula Agricultural Park Phase I Expansion - Upcountry Ag Park,” in the amount of $5,862,123. CR 25-67
15. 15 Recommending the following: 1. FIRST READING of Bill 138, CD1 (2025), to amend the Fiscal Year 2026 Budget, by: 1) increasing Estimated Revenues for Bond/Lapsed Bond by $20,150,000; 2) adding a new Capital Improvement Project appropriation for the Department of Public Works, West Maui Community Plan Area, Other Projects, Bond Fund and Lapsed Bond Fund, entitled “West Maui Land Acquisitions,” in the amounts of $16,192,706 and $3,957,294, respectively; 3) adjusting the totals accordingly; and 4) amending Appendix C - Capital Improvement Projects, Department of Public Works, by adding a new section for the West Maui Community Plan Area and a new project and description entitled “West Maui Land Acquisitions” in the amount of $20,150,000; 2. FIRST READING of Bill 139, CD1 (2025), to amend the Fiscal Year 2026 general obligation bond authorization ordinance by adding a new section for the Department of Public Works, West Maui Community Plan Area, Other Projects, entitled “West Maui Land Acquisitions,” in the amount of $16,192,706, and increasing the total by the same; 3. FIRST READING of Bill 140, CD1 (2025), to amend the Fiscal Year 2026 lapsed bond proceeds authorization ordinance by adding the Department of Public Works, West Maui Community Plan Area, Other Projects, and a new appropriation, entitled “West Maui Land Acquisitions,” in the amount of $3,957,294, and adjusting the total accordingly; and 4. ADOPTION of Resolution 25-186, to authorize the acquisition of 120 parcels, totaling 162.07 acres, located in Lahaina, Hawaiʻi, identified for Real Property Tax purposes as Tax Map Keys (2) 4-6-011:000; (2) 4-6-013:001, 002, and 016 through 046; (2) 4-6-014:001, 004, 007 through 014, and 018; (2) 4-6-015:001 and 005 through 007; (2) 4-6-016:002, 004, 040, and 043 through 085; and (2) 4-6-034:044 through 068, for up to $20 million, exclusive of closing costs and expenses. CR 25-68 ▶ jump to 144:05
16. 16 PAGE BREAK
17. 17 Government Relations, Ethics, and Transparency Committee
18. 18 Recommending ADOPTION of Resolution 25-184, authorizing settlement of Christopher Salem v. County of Maui, et. al.; Civil 2CCV-21-0000048(2). With reference to this agenda item, one or more executive meetings are anticipated in accordance with Section 92-5(a)(4), Hawai‘i Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee; and Section 92-5(a)(8), Hawai‘i Revised Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential under State or Federal law, or a court order. CR 25-69 ▶ jump to 149:14
19. 19 Kōmike Aloha ʻĀina
20. 20 Recommending the following: 1. FIRST READING of Bill 106, CD1 (2025), to designate property located at 8303 Kamehameha V Highway, Kaunakakai, Hawai‘i, as “Mapulehu Kulāiwi”; and 2. FIRST READING of Bill 107, CD1 (2025), to designate properties identified as Ha‘ikū Sugar East Subdivision lots 1, 3, 4, 5, and 6, Hawai‘i, as “Hāmākualoa Kulāiwi.” CR 25-70 ▶ jump to 150:40
21. 21 Water and Infrastructure Committee
22. 22 Recommending ADOPTION of Resolution 25-177, CD1, to: 1) authorize the acceptance of the State’s interest in the Alulike-Kaonoulu Street remnant lot, comprised of 11,567 square feet, situated in Kīhei, Hawaiʻi; and 2) abandon the remnant lot as a County public highway. CR 25-71 ▶ jump to 153:26
23. 23 RESOLUTIONS:
24. 24 "APPROVING COST ITEMS FOR EMPLOYEES INCLUDED IN BARGAINING UNIT 12, POLICE OFFICERS FOR FISCAL YEARS 2026, 2027, 2028, AND 2029" Reso 25-187 ▶ jump to 154:56
25. 25 "APPROVING COST ITEMS FOR EMPLOYEES EXCLUDED FROM BARGAINING UNIT 12, POLICE OFFICERS FOR FISCAL YEARS 2026, 2027, 2028, AND 2029" Reso 25-188
26. 26 "APPOINTMENT OF A MEMBER TO THE URBAN DESIGN REVIEW BOARD FOR THE COUNTY OF MAUI" The purpose of this resolution is to consider the appointment of Byron Zach Hansel to the Urban Design Review Board for a term expiring on March 31, 2028. Reso 25-189 ▶ jump to 157:41
27. 27 PAGE BREAK
28. 28 "REFERRING TO THE MOLOKAI PLANNING COMMISSION A PROPOSED BILL TO AMEND SECTION 19.64.030, MAUI COUNTY CODE, ON BED AND BREAKFAST HOMES ON MOLOKAI" Reso 25-190 ▶ jump to 158:35
29. 29 "AUTHORIZING SETTLEMENT OF CLAIM 4089446-1 OF ELAINE BOGARD AND ROBERT BOGARD" Reso 25-191 ▶ jump to 160:13
30. 30 RESOLUTION 25-192, SETTLEMENT AUTHORIZATION: AISSA NISHIYAMA V. COUNTY OF MAUI POLICE DEPARTMENT, ET AL., CIVIL 2CCV-23-0000346 (GREAT-11(21)) GREAT-11(21) Reso 25-192
31. 31 "REFERRING TO THE MAUI PLANNING COMMISSION PROPOSED BILLS TO AMEND THE PĀʻIA-HAʻIKŪ COMMUNITY PLAN DESIGNATION TO LIGHT INDUSTRIAL AND CHANGE THE ZONING TO M-1 LIGHT INDUSTRIAL DISTRICT FOR 19.933 ACRES IN PĀʻIA, MAUI, HAWAII (TAX MAP KEYS (2) 2-5-005:023 AND (2) 2-5-005:054; PĀʻIA SUGAR MILL REDEVELOPMENT PROJECT)" Reso 25-195 ▶ jump to 160:45
32. 32 "AUTHORIZING SETTLEMENT OF CLAIM 4A25055GZP0-0001 OF KANANI KEALOHA FALEAFINE" Reso 25-196 ▶ jump to 163:36
33. 33 "APPROVING THE REDISTRIBUTION OF THE AFFORDABLE HOUSING GRANT FUNDS FROM THE HAWAIIAN COMMUNITY DEVELOPMENT BOARD TO ʻIKENĀKEA PIʻIKEA I, LP, FOR THE HALE O PIʻIKEA I AFFORDABLE HOUSING PROJECT, UNDER SECTION 3.35.070(A)(5), MAUI COUNTY CODE" Reso 25-197 ▶ jump to 163:54
34. 34 "APPROVING THE REDISTRIBUTION OF THE AFFORDABLE HOUSING GRANT FUNDS FROM THE HAWAIIAN COMMUNITY DEVELOPMENT BOARD TO ʻIKENĀKEA PIʻIKEA II, LP, FOR THE HALE O PIʻIKEA II AFFORDABLE HOUSING PROJECT, UNDER SECTION 3.35.070(A)(5), MAUI COUNTY CODE" Reso 25-198
35. 35 "APPROVING THE REDISTRIBUTION OF THE AFFORDABLE HOUSING GRANT FUNDS FROM THE HAWAIIAN COMMUNITY DEVELOPMENT BOARD TO ʻIKENĀKEA PIʻIKEA III, LP, FOR THE HALE O PIʻIKEA III AFFORDABLE HOUSING PROJECT, UNDER SECTION 3.35.070(A)(5), MAUI COUNTY CODE" Reso 25-199
36. 36 ORDINANCES:
37. 37 "A BILL FOR AN ORDINANCE AMENDING SECTION 2.82.050, MAUI COUNTY CODE, TO EXTEND THE CONSERVATION PLANNING COMMITTEE’S DEADLINE ON THE PROPOSED GREENPRINT" Bill 159 (2025)
38. 38 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY AND COUNTY OF HONOLULU BOARD OF WATER SUPPLY, THE COUNTY OF HAWAIʻI DEPARTMENT OF WATER SUPPLY, THE COUNTY OF KAUAʻI DEPARTMENT OF WATER SUPPLY, THE STATE OF HAWAIʻI DEPARTMENT OF LAND AND NATURAL RESOURCES, THE STATE OF HAWAIʻI DEPARTMENT OF AGRICULTURE, AND THE STATE OF HAWAIʻI DEPARTMENT OF HEALTH, FOR THE WAI MAOLI: FRESH WATER INITIATIVE" Bill 160 (2025)
39. 39 "A BILL FOR AN ORDINANCE IMPOSING INTERIM RESTRICTIONS ON NEW PRIVATE SWIMMING POOLS IN THE WEST MAUI COMMUNITY PLAN AREA" Bill 161 (2025)
40. 40 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART II, MANAGED RETREAT REVOLVING FUND, ADDING CONDITIONAL LANGUAGE AND APPROPRIATION FOR BALDWIN BEACH PARK SHORELINE DEBRIS REMOVAL AND DISPOSAL FOR $50,000" Bill 162 (2025)
41. 41 ORDINANCES - SECOND AND FINAL READING:
42. 42 "A BILL FOR AN ORDINANCE AMENDING CHAPTERS 2.96, 2.97, AND 3.44, MAUI COUNTY CODE, ON RESIDENTIAL WORKFORCE HOUSING UNITS" Bill 40, CD1 (2025)
43. 43 "A BILL FOR AN ORDINANCE AMENDING SECTION 2.02.020, MAUI COUNTY CODE, ON BILINGUAL GOVERNMENT" Bill 141 (2025)
44. 44 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 22.04A, MAUI COUNTY CODE, RELATING TO THE KULA AGRICULTURAL PARK COMMITTEE'S MEMBERSHIP" Bill 148 (2025)
45. 45 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, APPENDIX A, PART I, DEPARTMENT OF WATER SUPPLY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, NEW APPROPRIATION OF $1,526,031, AND APPENDIX C, DEPARTMENT OF WATER SUPPLY, COUNTYWIDE, UPDATE PROJECT DESCRIPTION FOR COUNTYWIDE UPGRADES AND REPLACEMENTS, AND INCREASE APPROPRIATION BY $1,526,031" Bill 149 (2025)
46. 46 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, DEPARTMENT OF MANAGEMENT, OFFICE OF RECOVERY PROGRAM, ADD CONDITIONAL LANGUAGE FOR HANA BUSINESS COUNCIL, INC. IN THE AMOUNT OF $2,100,000, AND APPENDIX A, PART II, OPEN SPACE, NATURAL RESOURCES, CULTURAL RESOURCES AND SCENIC VIEWS PRESERVATION FUND, DELETE CONDITIONAL LANGUAGE FOR HANA BUSINESS COUNCIL, INC. IN THE AMOUNT OF $2,100,000" Bill 153 (2025)
47. 47 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2026 BUDGET, OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, NEW CONDITIONAL LANGUAGE FOR PROARTS, INC. IN THE AMOUNT OF $49,570" Bill 154 (2025)
48. 48 "A BILL FOR AN ORDINANCE REPEALING CHAPTER 9.12, MAUI COUNTY CODE, ON PINBALL MACHINES" Bill 155 (2025) ▶ jump to 171:42
49. 49 PAGE BREAK
50. 50 UNFINISHED BUSINESS:
51. 51 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF HAWAIʻI" This bill relates to provision of services for commercial driver's license examinations. Bill 90, CD1 (2025) ▶ jump to 195:32
52. 52 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY AND COUNTY OF HONOLULU" This bill relates to provision of services for commercial driver's license examinations. Bill 91, CD1 (2025)
53. 53 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.
54. 54 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.
55. 55 Note ▶ jump to 23:27
56. 56 Note ▶ jump to 23:29