Council of the County of Maui

Agenda — 55 items

1. 1 PAGE BREAK
2. A. ROLL CALL ▶ jump to 0:44
3. B. OPENING REMARKS: ▶ jump to 4:02
4. 4 COUNCILMEMBER TAMARA PALTIN
5. C. PLEDGE OF ALLEGIANCE ▶ jump to 7:12
6. D. TESTIMONY ON CEREMONIAL RESOLUTIONS ▶ jump to 9:07
7. E. CEREMONIAL RESOLUTIONS:
8. 8 "CONGRATULATING MAUI WAENA INTERMEDIATE SCHOOL'S FALCON ENTERTAINMENT & ENGINEERING PROGRAM FOR WINNING AWARDS AT THE 2024 STUDENT TELEVISION NETWORK CONVENTION CONTEST AND THE 2024 VEX ROBOTICS WORLD CHAMPIONSHIP" Reso 24-93 ▶ jump to 22:20
9. F. SET THE CONSENT CALENDAR
10. G. PRESENTATION OF WRITTEN OR ORAL TESTIMONY ▶ jump to 49:29
11. H. MINUTES:
12. 12 NONE.
13. I. ACTION ON THE CONSENT CALENDAR
14. J. COMMUNICATIONS:
15. 15 1. COUNTY COMMUNICATIONS:
16. 16 COUNCIL CHAIR LEE, transmitting a proposed amendment to Bill 60, CD1 (2024), "A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET FOR THE COUNTY OF MAUI FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025". CC 24-14 ▶ jump to 259:38
17. 17 COUNCIL CHAIR LEE, transmitting a proposed amendment to Bill 60, CD1 (2024), "A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET FOR THE COUNTY OF MAUI FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025". CC 24-15 ▶ jump to 56:12
18. 18 COUNCILMEMBER COOK, transmitting a proposed amendment to Bill 60, CD1 (2024), "A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET FOR THE COUNTY OF MAUI FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025". CC 24-16 ▶ jump to 58:09
19. 19 PAGE BREAK
20. 20 BUDGET, FINANCE, AND ECONOMIC DEVELOPMENT CHAIR, transmitting a proposed amendment to Bill 60, CD1 (2024), "A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET FOR THE COUNTY OF MAUI FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025". CC 24-17 ▶ jump to 264:02
21. 21 COUNCILMEMBER PALTIN, transmitting a proposed amendment to Bill 60, CD1 (2024), "A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET FOR THE COUNTY OF MAUI FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025". CC 24-18 ▶ jump to 194:49
22. 22 BUDGET, FINANCE, AND ECONOMIC DEVELOPMENT CHAIR, transmitting a proposed amendment to Bill 61, CD1 (2024), "A BILL FOR AN ORDINANCE RELATING TO THE CAPITAL PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 2025". CC 24-19 ▶ jump to 266:32
23. 23 2. GENERAL COMMUNICATIONS:
24. 24 NONE.
25. K. COMMITTEE REPORTS:
26. 26 Budget, Finance, and Economic Development Committee
27. 27 Recommending the following: 1. FIRST READING of Bill 60, CD1 (2024) to appropriate estimated revenues for the operating and capital improvement budget. Incorporated within Bill 60, CD1 are Appendix A, which lists Grants and Restricted Use Revenues and Special Purpose Revenues; Appendix B, which is the Schedule of Revenues - Fees, Rates, Assessments, and Taxes; Appendix B-1, which lists the County’s concessions, leases, and licenses by department; and Appendix C, which provides titles and descriptions of Capital Improvement Projects (“Budget bill”); 2. FIRST READING of Bill 61, CD1 (2024) to set the Capital Program for Fiscal Years 2025 through 2030. Incorporated within Bill 61, CD1 are Appendix A-1, a report entitled “COUNTY OF MAUI, CAPITAL IMPROVEMENT PROJECTS REPORT,” which lists all pending capital improvement projects and appropriations, except for Water Fund projects, as of a date certain; Appendix A-2, a report entitled “County of Maui, Capital Improvement Program by District Job and Index, Fiscal Year Ending 6/30/2024,” which includes pending Water Fund capital improvement projects and appropriations as of a date certain; and Appendix B, which is the proposed Capital Program for Fiscal Years 2025 through 2030 (“Capital Program bill”); 3. FIRST READING of Bill 62, CD1 (2024) to authorize the issuance of $102,973,839 in general obligation bonds for various capital improvement projects (“Bond Authorization bill”); 4. FIRST READING of Bill 63, CD1 (2024) to reauthorize the use of $4,811,161 in lapsed bond proceeds for the Department of Public Works, West Maui Community Plan Area, Road Improvements (and related improvements, beautification, sidewalks, bike paths, drainage, bridge repairs, and maintenance safety and utilities, accessibility for persons with disabilities) including the Front Street Sidewalk, Railing, and Seawall Repair project (“Lapsed Bond bill”); 5. FIRST READING of Bill 64, CD1 (2024) to authorize the Mayor to enter into an intergovernmental agreement to finance the Nāpili 1 Force Main Replacement and the Lahaina Wastewater Reclamation Facility Returned Activated Sludge (RAS)/Dewatering Upgrades with funds not to exceed $10,700,000; 6. FIRST READING of Bill 65 (2024) to: 1) institute a 4-percent pay increase for specified pay ranges and steps for employees in the Office of Council Services; 2) authorize the Director of Council Services during the term of appointment of any employee in the Office of Council Services to adjust the salary of the position within the pay range step established by the Council; and 3) authorize the Director of Council Services to place any Office of Council Services employee on administrative leave; 7. FIRST READING of Bill 70 (2024) to amend Chapter 20.20, Maui County Code, to update remaining references for the Highway Beautification and Disposal of Abandoned or Derelict Vehicles Revolving Fund to the fund’s current name, the Highway Beautification, Abandoned Vehicle, and Tourism-related Traffic Congestion Revolving Fund; 8. FIRST READING of Bill 73 (2024) to amend Section 2.96.060, Maui County Code, to update a reference to the Home Acquisition and Ownership Programs Revolving Fund to the fund’s current name, the Homeowner Programs Revolving Fund; 9. FIRST READING of Bill 74 (2024) to repeal Chapter 3.60, Maui County Code, relating to an Ash Debris Transportation Fund; 10. FIRST READING of Bill 75, CD1 (2024) to amend Chapter 3.48, Maui County Code, to allow wildfire survivors the option of transferring their home exemption for tax year 2025 from a property that was destroyed or made uninhabitable by the August 8, 2023, Maui wildfires, to another property they own and are occupying as a principal home in the County of Maui in 2024; 11. FIRST READING of Bill 76, CD1 (2024) to amend Chapter 3.48, Maui County Code, to extend the real property tax relief program deadline for long-term rentals to individuals directly displaced by the August 2023 Maui wildfires to June 30, 2024, for leases that are in effect by July 1, 2024; 12. FIRST READING of Bill 77, CD1 (2024) to bring consistency to the Real Property Tax classifications referenced in the calculation of the park assessment in Section 18.16.320, Maui County Code, and to correct the Maui County Code to be consistent with changes made in Ordinance 3766; 13. FIRST READING of Bill 78 (2024) to amend Section 3.97.040, Maui County Code, to suspend the allocation of the County’s Transient Accommodations Tax revenues to the Managed Retreat Revolving Fund for three years to allow flexibility in the use of funds that may be needed for wildfire recovery; 14. ADOPTION of Resolution 24-66 to adopt the fuel tax rates for the County of Maui, effective July 1, 2024, in accordance with Section 243-5, Hawaii Revised Statutes, and Section 3.20.010, Maui County Code; 15. ADOPTION of Resolution 24-67 to suspend all provisions of Subsection 2.08.060(D), Maui County Code, for Fiscal Year 2025; 16. ADOPTION of Resolution 24-68 to set the salaries of various positions in the Office of Council Services; and 17. ADOPTION of Resolution 24-77, CD1 to authorize the Mayor to grant and dispose of 0.2088 acre of undeveloped property located at 266 Dickenson Street, Lahaina, Hawaii, to Lahaina Community Land Trust to develop affordable housing. With reference to this agenda item, one or more executive meetings may be held in accordance with Section 92-5(a), Hawaii Revised Statutes (“HRS”): (1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in Section 26-9, HRS, or both; (2) to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; (3) to deliberate concerning the authority of persons designated by the County, the Council, or the Committee to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations; (4) 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; (5) to investigate proceedings regarding criminal misconduct; (6) to consider sensitive matters related to public safety or security; (7) to consider matters relating to the solicitation and acceptance of private donations; and (8) to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a State or Federal law, or a court order. CR 24-49 ▶ jump to 163:21
28. 28 PAGE BREAK
29. 29 Government Relations, Ethics, and Transparency Committee
30. 30 Recommending ADOPTION of Resolution 24-88, authorizing settlement of Richard D. Mayer v. Danny Ray Blackburn, et al., SP No. 2CSP-24-0000020. With reference to this agenda item, one or more executive meetings are anticipated in accordance with Section 92-5(a)(4), Hawaii 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), Hawaii 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 24-50 ▶ jump to 71:40
31. L. RESOLUTIONS:
32. 32 "ADOPTING MAUI WILDFIRES FIRE DEBRIS REMOVAL ALTERNATIVE PROGRAM STANDARDS" The purpose of this resolution is to establish the deadline to complete debris removal and to adopt the minimum standards applicable to fire debris removal conducted under the Alternative Program established pursuant to Ordinance 5562. Reso 24-91 ▶ jump to 75:40
33. 33 "APPROVING THE APPOINTMENT OF LORI ANN TENGAN AS COMMITTEE SECRETARY IN THE OFFICE OF COUNCIL SERVICES" Reso 24-92 ▶ jump to 77:14
34. M. ORDINANCES:
35. 35 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.38, MAUI COUNTY CODE, RELATING TO ADMINISTRATION OF THE HAWAIIAN CULTURAL RESTORATION REVOLVING FUND" The purpose of this bill is to establish the Director of ʻŌiwi Resources as administrator of the Hawaiian Cultural Restoration Revolving Fund. Bill 86 (2024) ▶ jump to 87:31
36. 36 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 16.25, MAUI COUNTY CODE, RELATING TO TEMPORARY STRUCTURES AND USES" The purpose of this bill is to amend Section 16.25.108, relating to temporary structures and uses. Bill 87 (2024) ▶ jump to 90:04
37. 37 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; DEPARTMENT OF FINANCE, COUNTYWIDE COSTS; GENERAL BUDGET PROVISIONS; AND APPENDIX A, PART II, GENERAL EXCISE TAX FUND AND GENERAL EXCISE TAX FUND - DEPARTMENT OF HAWAIIAN HOME LANDS" The purpose of this bill is to amend the Fiscal Year 2024 Budget, by 1) adding "General Excise Tax" to the section entitled "From Taxes, Fees and Assessments" in the amount of $28,825,741 and increasing the total accordingly; 2) adding two new appropriations under Department of Finance, Countywide Costs, entitled "Transfer to the General Excise Tax Fund" in the amount of $23,068,593 and "Transfer to the General Excise Tax Fund - Department of Hawaiian Home Lands" in the amount of $5,767,148; and adding the General Excise Tax Fund and the General Excise Tax Fund - Department of Hawaiian Home Lands to Appendix A, Part II. Bill 88 (2024) ▶ jump to 90:19
38. 38 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART II, SPECIAL PURPOSE REVENUES - SCHEDULE OF REVOLVING/SPECIAL FUNDS FOR FISCAL YEAR 2024, AFFORDABLE HOUSING FUND, AIKANAHA PHASES I AND II" The purpose of this bill is to amend the Fiscal Year 2024 Budget, Appendix A, Part II, Affordable Housing Fund, conditions 13 and 14, by deleting "Pacific Development Group, Inc." and inserting "Aikanaha Partners LP." Bill 89 (2024)
39. 39 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, GRANTS AND DISBURSEMENTS FOR BUSINESS DEVELOPMENT AND TECHNOLOGY, LAHAINA TOWN ACTION COMMITTEE; GRANTS AND DISBURSEMENTS FOR CULTURE, ARTS, AND TOURISM" The purpose of this bill is to amend the Fiscal Year 2024 Budget, to increase the appropriation for the Lahaina Town Action Committee by $10,000 and to delete the appropriation for Lahaina Boat Day. Bill 90 (2024)
40. 40 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX C, CAPITAL IMPROVEMENT PROJECTS, OFFICE OF THE COUNTY CLERK, WAILUKU-KAHULUI COMMUNITY PLAN AREA" The purpose of this bill is to amend the Fiscal Year 2024 Budget, Appendix C, Capital Improvement Projects, Office of the County Clerk, Wailuku-Kahului Community Plan Area, Clerk’s Office Renovations to clearly state the renovations that will take place. Bill 91 (2024)
41. 41 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; CAPITAL IMPROVEMENT PROJECTS, OFFICE OF THE MAYOR, COUNTYWIDE; AND APPENDIX C, OFFICE OF THE MAYOR, COUNTYWIDE" The purpose of this bill is to amend the Fiscal Year 2024 Budget, by 1) adding "Other Revenue Source" in the amount of $29,927,529; 2) adding a new appropriation to Capital Improvement Projects "Johnson Controls Energy Performance Contract" in the amount of $29,927,529; and 3) amending Appendix C to add a new project and project description for Office of the Mayor, Countywide entitled "Johnson Controls Energy Performance Contract" in the amount of $29,927,529. Bill 92 (2024) ▶ jump to 95:42
42. 42 "A BILL FOR AN ORDINANCE AMENDING TITLE 3, MAUI COUNTY CODE, ON MONETARY DONATIONS DURING AN EMERGENCY" The purpose of this bill is to establish the Maui County Kokua Fund to allow for direct collection of and immediate use of monetary donations during declared emergencies. Bill 93 (2024) ▶ jump to 110:10
43. 43 "A BILL FOR AN ORDINANCE TO AMEND THE MAUI COUNTY CODE TO UPDATE REFERENCES IN RESPONSE TO 2022 CHARTER COMMISSION PROPOSAL 1, ESTABLISHING THE DEPARTMENT OF HOUSING AND DEPARTMENT OF HUMAN CONCERNS" Bill 94 (2024) ▶ jump to 133:20
44. 44 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 10.33, MAUI COUNTY CODE, 'VEHICULAR TRAFFIC PROHIBITED,' RELATING TO HOLOMUA ROAD" Bill 95 (2024)
45. 45 ORDINANCES - SECOND AND FINAL READING:
46. 46 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES AND DEPARTMENT OF FINANCE, COUNTYWIDE COSTS, INSURANCE PROGRAMS AND SELF INSURANCE, MAUI WILDFIRES COMPENSATION PROGRAM" The purpose of this bill is to 1) increase Carryover/Savings in the General Fund and Total Estimated Revenues by $10,000,000; and 2) amend Department of Finance, Countywide Costs by increasing the appropriation for Insurance Programs and Self Insurance, Category B in the amount of $10,000,000 and increase the Total Operating Appropriations and Total Appropriations by the same amount. Bill 54 (2024) ▶ jump to 157:58
47. 47 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH" The purpose of this bill is to provide the Department of Planning with funds for training and capacity-building to implement multi-modal transportation safety policies and projects. Bill 81 (2024)
48. 48 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF PLANNING, STATE OF HAWAIʻI, DEPARTMENT OF HEALTH" The purpose of this bill is to amend the Fiscal Year 2024 Budget to add a new appropriation for State of Hawaiʻi, Department of Health in the amount of $75,000. Bill 82 (2024)
49. 49 PAGE BREAK
50. 50 "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 KAUNAKAKAI, MOLOKAI, HAWAII, TAX MAP KEYS (2) 5-3-003:013 AND (2) 5-3-003:014" The purpose of this bill is to grant a Conditional District Boundary Amendment from Agricultural District to Urban District for tax map keys (2) 5-3-003:013 and (2) 5-3-003:014, comprising of 5.27 acres, located at 375 Kamehameha V Highway, Kaunakakai, Molokai, Hawaii, for the University of Hawaii Maui College, Molokai Education Center. Bill 83 (2024) ▶ jump to 160:12
51. 51 "A BILL FOR AN ORDINANCE TO CHANGE ZONING (CONDITIONAL ZONING) FROM INTERIM DISTRICT TO P-1 PUBLIC/QUASI-PUBLIC DISTRICT FOR PROPERTY SITUATED AT KAUNAKAKAI, MOLOKAI, HAWAII, TAX MAP KEYS (2) 5-3-003:013 AND (2) 5-3-003:014" The purpose of this bill is to grant a Conditional Change in Zoning from Interim District to P-1 Public/Quasi Public District for tax map keys (2) 5-3-003:013 and (2) 5-3-003:014, comprising of 5.27 acres, located at 375 Kamehameha V Highway, Kaunakakai, Molokai, Hawaii, for the University of Hawaii Maui College, Molokai Education Center. Bill 84 (2024)
52. N. UNFINISHED BUSINESS:
53. 53 NONE.
54. 54 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.
55. 55 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.