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Council of the County of Maui

December 23, 2024 ·9:00 AM Final ·Regular Meeting
Agenda PDF 📹 Watch video Official record ↗

Agenda — 77 items

  1. 1 PAGE BREAK
  2. A. ROLL CALL ▶ jump to 16:36
  3. B. OPENING REMARKS: ▶ jump to 18:39
  4. 4 COUNCILMEMBER TASHA KAMA
  5. C. PLEDGE OF ALLEGIANCE ▶ jump to 21:17
  6. D. TESTIMONY ON CEREMONIAL RESOLUTIONS
  7. E. CEREMONIAL RESOLUTIONS:
  8. 8 "CONGRATULATING THE DEPARTMENT OF FIRE AND PUBLIC SAFETY ON ITS 100TH ANNIVERSARY OF DEDICATED SERVICE TO THE PEOPLE OF MAUI COUNTY" Reso 24-204
  9. F. SET THE CONSENT CALENDAR
  10. G. PRESENTATION OF WRITTEN OR ORAL TESTIMONY
  11. H. MINUTES:
  12. 12 NONE.
  13. I. ACTION ON THE CONSENT CALENDAR
  14. J. COMMUNICATIONS:
  15. 15 1. COUNTY COMMUNICATIONS:
  16. 16 COUNCILMEMBER PALTIN, transmitting a proposed amendment to Resolution 23-189, entitled "URGING THE STATE OF HAWAII TO CREATE AND SUPPORT A TASK FORCE TO ADDRESS THE URGENT PROBLEM OF MISSING PERSONS IN HAWAII". CC 24-34 ▶ jump to 85:36
  17. 17 2. GENERAL COMMUNICATIONS:
  18. 18 NONE.
  19. 19 PAGE BREAK
  20. K. COMMITTEE REPORTS:
  21. 21 Budget, Finance, and Economic Development Committee
  22. 22 Recommending REFERRAL of bills to the Council Chair for the term beginning January 2, 2025, relating to: (1) amending Title 3, Maui County Code, on monetary donations during an emergency; and (2) amending Chapter 3.97, Maui County Code, on use of the Managed Retreat Revolving Fund. CR 24-121 ▶ jump to 88:58
  23. 23 Recommending FIRST READING of Bill 170, CD1 (2024), to amend the Fiscal Year 2025 Budget, by: 1) amending Section 2, Estimated Revenues, by increasing Carryover/Savings, General Fund, by $1,500,000; 2) amending Section 4.C.3.a.(1).(i), Department of Management, Wailuku-Kahului Community Plan Area, Government Facilities, General Fund, by increasing the appropriation for the 60 South Church Street Building Renovations in the amount of $1,500,000; 3) adjusting the totals accordingly; and 4) amending Appendix C - Capital Improvement Projects, Department of Management, Wailuku-Kahului Community Plan Area, by increasing the appropriation for the 60 South Church Street Building Renovations by $1,500,000. CR 24-122
  24. 24 Disaster, Resilience, International Affairs, and Planning Committee
  25. 25 Recommending REFERRAL of resolutions to the Council Chair for the term beginning, January 2, 2025, relating to: (1) parking for electric vehicles; (2) initiating updates to the West Maui Community Plan in alignment with West Maui’s infrastructure plans in the aftermath of the August 2023 wildfires; and (3) providing for the establishment of the West Maui Hospital and Medical Center through the guarantee of State Special Purpose Revenue Bond issuance. CR 24-123 ▶ jump to 91:37
  26. 26 Recommending the following: 1. FIRST READING of Bill 21, CD1 (2023), to: 1) allow after-hours emergency airstrip operations at Kapalua Airport by amending the Conditions of Zoning under Section 19.510.050, Maui County Code; and 2) correct the tax map keys, property description, and acreage for Kapalua Airport; and 2. RECORDATION of the Unilateral Agreement. CR 24-124 ▶ jump to 94:56
  27. 27 Efficiency Solutions and Circular Systems Committee
  28. 28 Recommending REFERRAL of bills to the Council Chair for the term beginning January 2, 2025, relating to: (1) amending Chapter 20.08.031, Maui County Code, relating to cultural resource protection; and (2) amending Chapter 1.16, Maui County Code, relating to public inspection of administrative rules. CR 24-125 ▶ jump to 95:31
  29. 29 PAGE BREAK
  30. 30 Recommending FIRST READING of Bill 127, CD1 (2024), to implement Charter Section 13-17 requiring the County to operate as a bilingual government and to publish official meeting agendas in English and ʻōlelo Hawaiʻi. CR 24-126
  31. 31 Recommending FIRST READING of Bill 117, CD1 (2022), to authorize the Mayor to enter into an intergovernmental agreement with the University of Hawai‘i to provide Hawaiian language and Hawaiian studies workshops through UH Maui College for County employees. CR 24-127
  32. 32 Housing and Land Use Committee
  33. 33 Recommending REFERRAL of bills to the Council Chair for the term beginning January 2, 2025, relating to: (1) amending Subsection 2.96.060(B), Maui County Code, to amend the residential workforce housing deed restrictions to increase the time period for all restrictions; (2) amending Chapter 3.35, Maui County Code, to provide a stable and continuing source of funding to be used for planning, administering, and constructing affordable and workforce housing projects and to provide a policy for the use of the funding; (3) establishing an ordinance that restarts the deed-restricted period when a residential workforce housing unit is sold during the deed-restricted period; (4) amending the eligibility criteria for rental residential workforce housing units to expand eligibility to individuals or families displaced by an emergency under Chapter 127A, Hawai‘i Revised Statutes or who are income and asset qualified but held a disqualifying interest in real property within the last three years; (5) a Change the Zoning, with conditions, of properties related to Lanai Project District 2 (Koele), at Lānaʻi City, Lānaʻi, Hawaii, and an amendment to Chapter 19.71, Maui County Code, relating to Lanai Project District 2 (Koele); (6) increasing the deed-restriction period for residential workforce housing ownership units and expediting the County's purchase of residential workforce housing units when offered to the County; (7) increasing the allowable density in the R-1, R-2, and R-3 Residential Zoning Districts to provide additional housing opportunities in Maui County; (8) providing lower-cost opportunities for more autonomous living areas in a dwelling unit by allowing for kitchenettes in dwelling units in the Residential and Rural Districts on Maui and Lanaʻi and requiring a dwelling unit with a kitchenette to be occupied on a long-term residential basis; and (9) addressing nonconforming structures and uses damaged, destroyed, or affected by an emergency or disaster declared by proclamation of the Governor to constitute a state of emergency under Chapter 127A, Hawai‘i Revised Statutes. CR 24-128 ▶ jump to 100:06
  34. 34 Water and Infrastructure Committee
  35. 35 Recommending REFERRAL of bills to the Council Chair for the term beginning January 2, 2025, relating to: (1) amending Chapter 3.75, Maui County Code, relating to Community Facilities Districts; (2) amending Section 18.20.140, Maui County Code, relating to utility lines and facilities; (3) amending Section 16.25.201, Maui County Code, relating to improvements to public streets; and (4) amending Chapter 2.60, Maui County Code, on reports of civil fines. CR 24-129 ▶ jump to 103:45
  36. 36 PAGE BREAK
  37. 37 Recommending FIRST READING of Bill 146, CD1 (2024), to require the Department of Water Supply to estimate domestic water demand and assess development impact fees based on projected gallons per day usage rather than water fixture counts. CR 24-130 ▶ jump to 105:10
  38. 38 Recommending FIRST READING of Bill 180, CD1 (2024), to allow the use of private water catchment collection and storage tank systems of up to 30,000 gallons in Agricultural, Residential, and Rural Districts. CR 24-131 ▶ jump to 107:02
  39. 39 Water Authority, Social Services, and Parks Committee
  40. 40 Recommending REFERRAL of bills to the Council Chair for the term beginning January 2, 2025, relating to: (1) establishing a new Chapter 3.85, Maui County Code, creating the feral animal management fund; (2) amending the traffic code by expanding the volunteer parking enforcement program; (3) requiring certain business to maintain naloxone on their premises; and (4) amending Chapter 13.04A, Maui County Code, to authorize a community recreational gardens program. CR 24-132 ▶ jump to 109:30
  41. 41 Recommending REFERRAL of Bill 111 (2024), relating to amending Title 9, Maui County Code, to: 1) establish procedures for the compassionate removal and storage of personal property in public places; and 2) recognize a human right to shelter, including offering access to services to stabilize one’s life and transition into supportive or permanent housing, to the Council Chair for the term beginning January 2, 2025. CR 24-133
  42. L. RESOLUTIONS:
  43. 43 "URGING THE STATE OF HAWAIʻI TO CREATE AND SUPPORT A TASK FORCE TO ADDRESS THE URGENT PROBLEM OF MISSING PERSONS IN HAWAIʻI" ▶ jump to 113:20
  44. 44 "AUTHORIZING ACCEPTANCE OF THE DONATION OF OLUKAI FOOTWEAR TO THE DEPARTMENT OF FIRE AND PUBLIC SAFETY, OCEAN SAFETY DIVISION, PURSUANT TO CHAPTER 3.56, MAUI COUNTY CODE" Reso 24-195
  45. 45 "APPOINTMENT OF A MEMBER TO THE AFFIRMATIVE ACTION ADVISORY COUNCIL FOR THE COUNTY OF MAUI" Reso 24-196 ▶ jump to 124:18
  46. 46 "AUTHORIZING THE ACQUISITION OF REAL PROPERTY CONSISTING OF 272.956 ACRES IDENTIFIED AS TAX MAP KEY NO. (2) 2-3-001:023 SITUATED AT KULA, MAUI, HAWAII, FOR AN AMOUNT NOT TO EXCEED $14,000,000.00" Reso 24-197 ▶ jump to 126:46
  47. 47 "AUTHORIZING A GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" (160 KEONEKAI ROAD, UNIT 13-101, KIHEI) Reso 24-198 ▶ jump to 132:02
  48. 48 "AUTHORIZING A GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" (3750 L. HONOAPIILANI ROAD, UNIT 304, LAHAINA) Reso 24-199
  49. 49 PAGE BREAK
  50. 50 "AUTHORIZING A GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" (3740 L. HONOAPIILANI HIGHWAY, UNIT B202, LAHAINA) Reso 24-200
  51. 51 "AUTHORIZING A GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" (3740 L. HONOAPIILANI HIGHWAY, UNIT C206, LAHAINA) Reso 24-201
  52. 52 "AUTHORIZING A GRANT OF LEASE OF COUNTY REAL PROPERTY TO NA HALE KUPUNA LESSEE" (3740 L. HONOAPIILANI HIGHWAY, UNIT D105, LAHAINA) Reso 24-202
  53. 53 "URGING THE HAWAIʻI STATE LEGISLATURE TO ESTABLISH A UNIVERSAL FREE SCHOOL MEALS PROGRAM FOR STUDENTS AT PUBLIC SCHOOLS" Reso 24-203 ▶ jump to 138:51
  54. M. ORDINANCES:
  55. 55 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KAUAI FOR FORENSIC TESTING SERVICES BETWEEN THE KAUAI POLICE DEPARTMENT AND THE MAUI POLICE DEPARTMENT" Bill 158 (2024) ▶ jump to 157:57
  56. 56 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART II, HOMEOWNER PROGRAMS REVOLVING FUND, ʻOHANA ASSISTANCE PROGRAM" Bill 187 (2024) ▶ jump to 159:38
  57. 57 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART II, MANAGED RETREAT REVOLVING FUND, PAIA MANTOKUJI MISSION" Bill 188 (2024) ▶ jump to 162:23
  58. 58 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF FIRE AND PUBLIC SAFETY, STATE OF HAWAII DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY GRANTS" Bill 189 (2024)
  59. 59 ORDINANCES - SECOND AND FINAL READING:
  60. 60 "A BILL FOR AN ORDINANCE AMENDING SECTIONS 3.44.015 AND 3.88.070, MAUI COUNTY CODE, RELATING TO ACCEPTANCE OF CONSERVATION EASEMENTS" Bill 69, CD1 (2023) ▶ jump to 174:59
  61. 61 "A BILL FOR AN ORDINANCE TO AMEND THE STATE LAND USE DISTRICT CLASSIFICATION FROM AGRICULTURAL DISTRICT TO URBAN DISTRICT (CONDITIONAL DISTRICT BOUNDARY AMENDMENT) FOR PROPERTY SITUATED AT KĪHEI, MAUI, HAWAIʻI, PORTION OF TAX MAP KEY (2) 3-9-001:034" Bill 29, CD1 (2024) ▶ jump to 177:44
  62. 62 "A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM COUNTY RURAL DISTRICT TO M-1 LIGHT INDUSTRIAL DISTRICT (CONDITIONAL ZONING) FOR PROPERTY SITUATED AT KĪHEI, MAUI, HAWAIʻI, PORTION OF TAX MAP KEY (2) 3-9-001:034" Bill 30, CD1, FD1 (2024)
  63. 63 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES ARMY CORPS OF ENGINEERS FOR TECHNICAL SERVICES" Bill 135, CD1 (2024) ▶ jump to 179:52
  64. 64 "A BILL FOR AN ORDINANCE AMENDING TITLE 20, MAUI COUNTY CODE, ESTABLISHING A CLIMATE ACTION AND RESILIENCY PLAN FOR THE COUNTY OF MAUI" Bill 136, CD1, FD1 (2024) ▶ jump to 180:52
  65. 65 "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 5334 (2021), THE WEST MAUI COMMUNITY PLAN, RELATING TO THE AREA BETWEEN FRONT STREET AND HONOAPIʻILANI HIGHWAY FROM KAHOMA STREAM TO KENUI STREET" Bill 154 (2024) ▶ jump to 183:58
  66. 66 "A BILL FOR AN ORDINANCE AMENDING TITLE 8, MAUI COUNTY CODE, TO PROHIBIT RETAILERS FROM SELLING OR MARKETING FLAVORED TOBACCO PRODUCTS AND MISLABELING PRODUCTS AS NICOTINE-FREE" Bill 156, CD1 (2024) ▶ jump to 145:03
  67. 67 "A BILL FOR AN ORDINANCE AMENDING TITLE 14, MAUI COUNTY CODE, TO ESTABLISH REGULATIONS ON STORMWATER DISCHARGE AND POLLUTION CONTROLS" Bill 157, CD1 (2024) ▶ jump to 185:43
  68. 68 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, ESTIMATED REVENUES; DEPARTMENT OF MANAGEMENT, OFFICE OF RECOVERY PROGRAM; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF MANAGEMENT; AND APPENDIX C, DEPARTMENT OF MANAGEMENT" Bill 166, CD1 (2024)
  69. 69 "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 5659, BILL NO. 62, CD1 (2024), RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI ISSUANCE, SALE AND DELIVERY OF SAID BONDS (DEPARTMENT OF MANAGEMENT)" Bill 167, CD1 (2024)
  70. 70 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII, TO AUDIT THE SCHEDULE OF ALLOCATIONS OF THE EMPLOYEESʻ RETIREMENT SYSTEM OF THE STATE OF HAWAII TO MEET THE REPORTING REQUIREMENTS UNDER GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NUMBER 68" Bill 183, FD1 (2024)
  71. 71 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.36, MAUI COUNTY CODE, RELATING TO GRANTS" Bill 184 (2024) ▶ jump to 186:42
  72. 72 "A BILL FOR AN ORDINANCE ADOPTING THE HAWAI'I STATE FIRE CODE, WITH CERTAIN AMENDMENTS" Bill 185, FD1 (2024)
  73. 73 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, ENVIRONMENTAL PROTECTION AND SUSTAINABILITY PROGRAM - ENVIRONMENTAL PROTECTION AND SUSTAINABILITY FUND, ENVIRONMENTAL PROTECTION GRANTS, PILI KOKO" Bill 186 (2024)
  74. N. UNFINISHED BUSINESS:
  75. 75 NONE.
  76. 76 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.
  77. 77 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.