Council of the County of Maui

Agenda — 1 item

1. 1 COUNCIL OF THE COUNTY OF MAUI NOTICE OF PUBLIC HEARING May 21, 2024 9:00 a.m. Public Hearing Site: Online via Teams: http://tinyurl.com/2p9zhjr2 Phone testimony: 1-808-977-4067, code 234 794 559# In-Person Testimony and Viewing: Council Chamber, Kalana O Maui Building, 8th Floor, 200 South High Street, Wailuku, Hawaiʻi Courtesy Live Broadcast: Akakū – Maui Community Media, Channel 53 COURTESY TESTIMONY SITES – COUNCIL RESIDENCY AREA OFFICES: East Maui: Hāna Cultural Center & Museum, 4974 Uakea Road, Hāna, (808) 248-7513 South Maui: MEDB Building, 1305 North Holopono St., Ste. 9, Kihei, (808) 793-0012 Molokaʻi: Molokaʻi District Complex, 100 Ainoa Street, Kaunakakai, (808) 553-3888 Lānaʻi: 841 Fraser Avenue, Lānaʻi City, (808) 565-7094 Makawao-Haʻikū-Pāʻia: Heritage Hall, 401 Baldwin Ave., Ste. 102, Pāʻia, (808) 793-0099 Subject to change and staffing availability without notice. Visit mauicounty.us for more information. website: http://co.maui.hi.us/Archive.aspx?AMID=226 e-mail: county.clerk@mauicounty.us NOTICE IS HEREBY GIVEN that a public hearing will be held by the Council of the County of Maui, State of Hawaii, on Tuesday, May 21, 2024, beginning at 9:00 a.m., or soon thereafter, online via Teams link http://tinyurl.com/2p9zhjr2, with in-person testimony and viewing available at the Council Chamber, Kalana O Maui Building, 8th Floor, 200 South High Street, Wailuku, Hawaiʻi for the purpose of receiving testimony on the following: 1. Bill 60, CD1 (2024), entitled "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." The purpose of Bill 60, CD1 (2024) is to appropriate estimated revenues for the operating and capital improvement budget. Incorporated within Bill 60, CD1 (2024) 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. Bill 61, CD1 (2024), entitled "A BILL FOR AN ORDINANCE RELATING TO THE CAPITAL PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 2025." The purpose of Bill 61, CD1 (2024) is to set the Capital Program for Fiscal Years 2025 through 2030. Incorporated within Bill 61, CD1 (2024) 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. Bill 62, CD1 (2024), entitled "A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF ONE HUNDRED TWO MILLION NINE HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS ($102,973,839) AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI FOR THE PURPOSE OF PROVIDING FUNDS TO PAY ALL OR A PART OF THE COST OF APPROPRIATIONS FOR PUBLIC IMPROVEMENTS OF AND FOR THE COUNTY OF MAUI; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER FEATURES OF SUCH BONDS AND PROVIDING FOR THEIR SALE; AUTHORIZING THE DIRECTOR OF FINANCE TO DETERMINE CERTAIN DETAILS OF THE BONDS; AUTHORIZING THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; AUTHORIZING THE ISSUANCE OF REFUNDING GENERAL OBLIGATION BONDS OF THE COUNTY; AND PROVIDING FOR OTHER ACTIONS RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF SAID BONDS." The purpose of Bill 62, CD1 (2024) is to authorize the issuance of $102,973,839 in general obligation bonds for various capital improvement projects ("Bond Authorization bill"). 4. Bill 63, CD1 (2024), entitled "A BILL FOR AN ORDINANCE DETERMINING THAT PART OF THE PROCEEDS OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI HERETOFORE ISSUED IS IN EXCESS OF THE AMOUNTS REQUIRED FOR THE PURPOSES FOR WHICH SUCH BONDS WERE INITIALLY ISSUED, OR MAY OR SHOULD NOT BE APPLIED TO THOSE PURPOSES, AND DIRECTING SUCH PROCEEDS TO OTHER PUBLIC IMPROVEMENTS OR AUTHORIZED PURPOSES OF THE COUNTY OF MAUI." The purpose of Bill 63, CD1 (2024) is 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: (1) Front Street Sidewalk, Railing, and Seawall Repair project ("Lapsed Bond bill"). 5. Bill 64, CD1 (2024), entitled "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A LOAN FROM THE STATE OF HAWAII’S WATER POLLUTION CONTROL REVOLVING FUND FOR VARIOUS WASTEWATER PROJECTS, FISCAL YEAR 2025 BUDGET ORDINANCE." The purpose of Bill 64, CD1 (2024) is to authorize the Mayor to enter into an intergovernmental agreement to finance the Nāpili No. 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. Resolution 24-66, entitled "ADOPTING THE FUEL TAX RATES FOR THE COUNTY OF MAUI, EFFECTIVE JULY 1, 2024." The purpose of Resolution 24-66 is 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. 7. Bill 65 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING SECTION 2.08.060, MAUI COUNTY CODE, TO REVISE THE PAY PLAN AND RANGES IN THE OFFICE OF COUNCIL SERVICES." The purpose of Bill 65 (2024) is to: 1) institute a four 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. 8. Resolution 24-67, entitled "SUSPENDING THE PROVISIONS OF SUBSECTION 2.08.060(D), MAUI COUNTY CODE, FOR FISCAL YEAR 2025." The purpose of Resolution 24-67 is to suspend all provisions of Subsection 2.08.060(D), Maui County Code, for Fiscal Year 2025. 9. Resolution 24-68, entitled "SETTING THE PAY RANGES AND PAY STEPS FOR STAFF OF THE OFFICE OF COUNCIL SERVICES." The purpose of Resolution 24-68 is to set the salaries of various positions in the Office of Council Services. 10. Resolution 24-77, CD1, entitled "AUTHORIZING THE GRANT AND DISPOSITION OF REAL PROPERTY LOCATED AT 266 DICKENSON STREET, LAHAINA, HAWAII, TO LAHAINA COMMUNITY LAND TRUST." The purpose of Resolution 24-77, CD1 is to authorize the Mayor to grant and dispose of 0.2088 acres of undeveloped property located at 266 Dickenson Street, Lahaina, Hawaii, to Lahaina Community Land Trust to develop affordable housing. 11. Bill 70 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 20.20, MAUI COUNTY CODE, RELATING TO THE HIGHWAY BEAUTIFICATION, ABANDONED VEHICLE, AND TOURISM-RELATED TRAFFIC CONGESTION REVOLVING FUND." The purpose of Bill 70 (2024) is to amend Chapter 20.20, Maui County Code, to update remaining references in the Maui County Code 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. 12. Bill 73 (2024), entitled "A BILL FOR AN ORDINANCE TO UPDATE THE NAME OF THE FUND ESTABLISHED BY CHAPTER 3.34, MAUI COUNTY CODE, 'HOMEOWNER PROGRAMS REVOLVING FUND,' AS REFERENCED IN SECTION 2.96.060, MAUI COUNTY CODE." The purpose of Bill 73 (2024) is 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. 13. Bill 74 (2024), entitled "A BILL FOR AN ORDINANCE REPEALING CHAPTER 3.60, MAUI COUNTY CODE, RELATING TO AN ASH DEBRIS TRANSPORTATION FUND." The purpose of Bill 74 (2024) is to repeal Chapter 3.60, Maui County Code, relating to an Ash Debris Transportation Fund. 14. Bill 75, CD1 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.48, MAUI COUNTY CODE, RELATING TO EXEMPTIONS ON PROPERTIES IMPACTED BY THE AUGUST 2023 MAUI WILDFIRES." The purpose of Bill 75, CD1 (2024) is 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. 15. Bill 76, CD1 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.48, MAUI COUNTY CODE, RELATING TO THE AUGUST 2023 MAUI WILDFIRES LONG-TERM RENTAL EXEMPTION." The purpose of Bill 76, CD1 (2024) is to extend the 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. 16. Bill 77, CD1 (2024), entitled "A BILL FOR AN ORDINANCE TO UPDATE THE REAL PROPERTY TAX CLASSIFICATIONS FOR PARK ASSESSMENTS, AS REFERENCED IN SECTION 18.16.320, MAUI COUNTY CODE." The purpose of Bill 77, CD1 (2024) is 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. 17. Bill 78 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING SECTION 3.97.040, MAUI COUNTY CODE, TO SUSPEND CERTAIN DEPOSITS TO THE MANAGED RETREAT REVOLVING FUND." The purpose of Bill 78 (2024) is 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. 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/ 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 begin your testimony. To testify via phone, please call in to the phone number and enter the meeting ID noted on the first page of this public hearing notice. 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. 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. No further oral testimony by the testifier 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 public hearing will still continue. If a public hearing 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 public hearing can, at the discretion of the presiding officer or a majority of present Council members, be ejected or banned from Council public hearings. 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. 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 public hearing; except if a public hearing will be held on a Monday, written testimony should be received by noon on the business day preceding the public hearing. 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 may contact the Office of the County Clerk at (808) 270-7748 prior to the public hearing. INTERRUPTION IN VIDEO/AUDIO. This public hearing 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 public hearing 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 public hearing, the public hearing will continue without that location, irrespective of whether a Councilmember is participating from that site. If Akakū prematurely ceases broadcasting the public hearing, the public hearing 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 public hearing date at (808) 270-7748 or county.clerk@mauicounty.us and allow for adequate time to fulfill the request. COUNCIL OF THE COUNTY OF MAUI ALICE L. LEE, COUNCIL CHAIR ______________________________________ MOANA M. LUTEY, COUNTY CLERK COUNTY OF MAUI, STATE OF HAWAII THE MAUI NEWS: Issues of May 10 and 15, 2024