Council of the County of Maui

Agenda — 60 items

1. 1 PAGE BREAK
2. A. ROLL CALL
3. B. OPENING REMARKS: ▶ jump to 14:39
4. 4 COUNCILMEMBER TOM COOK
5. C. PLEDGE OF ALLEGIANCE ▶ jump to 20:14
6. D. TESTIMONY ON CEREMONIAL RESOLUTIONS
7. E. CEREMONIAL RESOLUTIONS:
8. 8 NONE.
9. F. SET THE CONSENT CALENDAR
10. G. PRESENTATION OF WRITTEN OR ORAL TESTIMONY ▶ jump to 21:58
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 Bill 160, FD1 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.48, MAUI COUNTY CODE, RELATING TO THE HEALTHCARE PROVIDER RENTAL EXEMPTION". CC 24-29 ▶ jump to 65:54
17. 17 2. GENERAL COMMUNICATIONS:
18. 18 NONE.
19. 19 PAGE BREAK
20. K. COMMITTEE REPORTS:
21. 21 Housing and Land Use Committee
22. 22 Recommending the following: 1. FIRST READING of Bill 29, CD1 (2024), to grant a District Boundary Amendment from Agricultural District to Urban District (Conditional District Boundary Amendment) for 14.626 acres located at 454 Ohukai Road, Kīhei, Maui, Hawaiʻi, identified for real property tax purposes as tax map key (2) 3-9-001:034 (por.), for the development of Ohukai Light Industrial Park; 2. FIRST READING of Bill 30, CD1 (2024), to grant a Change in Zoning from County Rural District to M-1 Light Industrial District (Conditional Zoning) for 14.626 acres located at 454 Ohukai Road, Kīhei, Maui, Hawaiʻi, identified for real property tax purposes as tax map key (2) 3-9-001:034 (por.), for the development of Ohukai Light Industrial Park; and 3. RECORDATION of the Unilateral Agreements. CR 24-110 ▶ jump to 66:40
23. L. RESOLUTIONS:
24. 24 "APPROVING EXCEPTIONS FROM THE CONDITIONS OF SECTION 3.35.070, MAUI COUNTY CODE, FOR THE RESIDENTIAL WORKFORCE HOUSING PROJECT OWNED BY WAIKAPU DEVELOPMENT VENTURE LLC AND LOCATED ON A PORTION OF PROPERTY IN WAILUKU, MAUI, HAWAI'I, AND FURTHER IDENTIFIED FOR REAL PROPERTY TAX PURPOSES AS TAX MAP KEY (2) 3-5-002:011" Reso 24-188 ▶ jump to 84:45
25. 25 "SUPPORTING MAUI COUNTY'S HEALTHCARE WORKERS AND URGING MAUI HEALTH SYSTEM, A KAISER FOUNDATION HOSPITAL LLC, TO NEGOTIATE IN GOOD FAITH WITH THEM" Reso 24-189 ▶ jump to 121:02
26. 26 "URGING THE STATE DEPARTMENT OF EDUCATION TO PRIORITIZE HEALTHY RELATIONSHIP AND DOMESTIC VIOLENCE EDUCATION IN SCHOOLS USING LOCAL SERVICE PROVIDERS" Reso 24-190 ▶ jump to 136:39
27. 27 "AUTHORIZING THE ACQUISITION OF A CONDOMINIUM UNIT IDENTIFIED AS TAX MAP KEY NO. (2) 3-8-001-001-0003 LOCATED IN PUUNENE, MAUI, HAWAII, FOR AN AMOUNT NOT TO EXCEED $2,477,550.00" Reso 24-191 ▶ jump to 138:38
28. 28 "AUTHORIZING THE ACQUISITION OF REAL PROPERTY IDENTIFIED AS TAX MAP KEY NO. (2) 3-8-001-001-0001 (POR.) LOCATED IN PUUNENE, MAUI, HAWAII, FOR AN AMOUNT NOT TO EXCEED $1,522,450.00" Reso 24-192
29. 29 PAGE BREAK
30. M. ORDINANCES:
31. 31 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF THE PROSECUTING ATTORNEY, VICTIM/WITNESS ASSISTANCE PROGRAM" Bill 173 (2024) ▶ jump to 148:17
32. 32 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART II, GENERAL EXCISE TAX FUND, AND APPENDIX C, DEPARTMENT OF MANAGEMENT, COUNTYWIDE, WILDFIRE PERMANENT DISPOSAL SITE" Bill 174 (2024) ▶ jump to 153:00
33. 33 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, ESTIMATED REVENUES; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WAILUKU-KAHULUI COMMUNITY PLAN AREA, SANITATION, BOND FUND; AND APPENDIX C, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WAILUKU-KAHULUI COMMUNITY PLAN AREA" Bill 175 (2024)
34. 34 "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 ENVIRONMENTAL MANAGEMENT)" Bill 176 (2024)
35. 35 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF WATER SUPPLY, U.S. ENVIRONMENTAL PROTECTION AGENCY - WATER DIVISION, COMMUNITY GRANTS" Bill 177 (2024)
36. 36 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, U.S. ENVIRONMENTAL PROTECTION AGENCY - WATER DIVISION, COMMUNITY GRANTS" Bill 178 (2024)
37. 37 "A BILL FOR AN ORDINANCE ADOPTING THE HAWAI'I STATE FIRE CODE, WITH CERTAIN AMENDMENTS THERETO" Bill 179 (2024) ▶ jump to 156:15
38. 38 ORDINANCES - SECOND AND FINAL READING:
39. 39 "A BILL FOR AN ORDINANCE AMENDING SECTION 14.07.090, MAUI COUNTY CODE, TO ALLOW THE DIRECTOR OF WATER SUPPLY TO EXTEND WATER METER RESERVATIONS BASED ON SPECIFIC FINDINGS" Bill 130, CD1 (2024) ▶ jump to 157:58
40. 40 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, ESTIMATED REVENUES AND OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, GRANTS AND DISBURSEMENTS FOR CULTURE, ARTS, AND TOURISM" Bill 138, CD1 (2024) ▶ jump to 159:32
41. 41 PAGE BREAK
42. 42 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE 15TH SPACE SURVEILLANCE SQUADRON, AIR FORCE MAUI OPTICAL & SUPERCOMPUTING, AND AIR FORCE RESEARCH LABORATORY FOR FIREFIGHTING, EMERGENCY AND NON-EMERGENCY SERVICES, AND HAZARDOUS MATERIALS INCIDENT RESPONSE" Bill 140, CD1 (2024)
43. 43 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 5.16, MAUI COUNTY CODE, RELATING TO TAXICABS" Bill 141, CD1, FD1 (2024)
44. 44 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 16.04D, MAUI COUNTY CODE, RELATING TO THE PROCEDURE FOR NOTICES OF WARNING AND VIOLATIONS" Bill 142, CD1 (2024) ▶ jump to 164:27
45. 45 "A BILL FOR AN ORDINANCE TO AMEND SECTION 3.48.558, MAUI COUNTY CODE, RELATING TO THE REAL PROPERTY TAX EXEMPTION FOR CHILD CARE FACILITIES" Bill 145, CD1 (2024)
46. 46 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.48, MAUI COUNTY CODE, RELATING TO AUGUST 2023 MAUI WILDFIRES REAL PROPERTY TAX RELIEF" Bill 147, CD1 (2024)
47. 47 "A BILL FOR AN ORDINANCE AMENDING SECTION 3.48.415, MAUI COUNTY CODE, RELATING TO EXEMPTIONS ON PROPERTIES IMPACTED BY THE AUGUST 2023 WILDFIRES" Bill 153 (2024)
48. 48 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HAWAIIAN HOME LANDS" Bill 159 (2024) ▶ jump to 165:49
49. 49 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.48, MAUI COUNTY CODE, RELATING TO THE HEALTHCARE PROVIDER RENTAL EXEMPTION" Bill 160, FD1 (2024) ▶ jump to 166:39
50. 50 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, DEPARTMENT OF PARKS AND RECREATION, ADMINISTRATION PROGRAM AND PARKS PROGRAM" Bill 161 (2024)
51. 51 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF POLICE, HAWAII CRIMINAL JUSTICE DATA CENTER - NATIONAL CRIMINAL HISTORY RECORDS IMPROVEMENT PROGRAM" Bill 162 (2024)
52. 52 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART II, IMMIGRANT SERVICES DIVISION UNITED STATES PASSPORT APPLICATION ACCEPTANCE FACILITY" Bill 163 (2024)
53. 53 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, GRANTS AND DISBURSEMENTS FOR VISITOR INDUSTRY, TOURISM MANAGEMENT GRANT FUND AND APPENDIX A, PART II, HIGHWAY BEAUTIFICATION, ABANDONED VEHICLE, AND TOURISM-RELATED TRAFFIC CONGESTION REVOLVING FUND" Bill 164 (2024)
54. 54 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, DEPARTMENT OF MANAGEMENT, OFFICE OF RECOVERY PROGRAM" Bill 165 (2024)
55. 55 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF THE PROSECUTING ATTORNEY, CAREER CRIMINAL PROGRAM" Bill 168 (2024)
56. 56 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET FOR THE COUNTY OF MAUI, ESTIMATED REVENUES AND DEPARTMENT OF TRANSPORTATION, HUMAN SERVICES TRANSPORTATION PROGRAM - GENERAL FUND" Bill 169 (2024)
57. N. UNFINISHED BUSINESS:
58. 58 NONE.
59. 59 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.
60. 60 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.