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Council of the County of Maui

April 19, 2024 ·9:00 AM Final ·Regular Meeting

Agenda — 40 items

  1. 1 PAGE BREAK
  2. A. ROLL CALL
  3. B. OPENING REMARKS:
  4. 4 COUNCILMEMBER SHANE SINENCI
  5. C. PLEDGE OF ALLEGIANCE
  6. D. TESTIMONY ON CEREMONIAL RESOLUTIONS
  7. E. CEREMONIAL RESOLUTIONS:
  8. 8 "RECOGNIZING APRIL 2024 AS CHILD ABUSE PREVENTION MONTH IN MAUI COUNTY" Reso 24-82
  9. 9 "CONGRATULATING THE KULA, MAKAWAO, AND PUKALANI POST OFFICES FOR RECEIVING NATIONAL RECOGNITION IN RETAIL CUSTOMER EXPERIENCE" Reso 24-85
  10. F. SET THE CONSENT CALENDAR
  11. G. PRESENTATION OF WRITTEN OR ORAL TESTIMONY
  12. H. MINUTES:
  13. 13 NONE.
  14. I. ACTION ON THE CONSENT CALENDAR
  15. J. COMMUNICATIONS:
  16. 16 1. COUNTY COMMUNICATIONS:
  17. 17 COUNCILMEMBER JOHNSON, transmitting a proposed amendment to Bill 42, CD1, FD1 (2024), entitled "A BILL FOR AN ORDINANCE AMENDING THE DEFINITIONS OF 'FARM' AND 'FARM LABOR DWELLING' IN THE COMPREHENSIVE ZONING ORDINANCE" CC 24-13
  18. 18 2. GENERAL COMMUNICATIONS:
  19. 19 NONE.
  20. K. COMMITTEE REPORTS:
  21. 21 NONE.
  22. L. RESOLUTIONS:
  23. 23 "AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" Reso 24-79
  24. 24 "AUTHORIZING ACCEPTANCE OF THE DONATION OF OLUKAI FOOTWEAR TO THE DEPARTMENT OF FIRE AND PUBLIC SAFETY, OCEAN SAFETY OFFICERS PURSUANT TO CHAPTER 3.56, MAUI COUNTY CODE" Reso 24-80
  25. 25 "APPROVING THE APPOINTMENT OF MARIA ZIELINSKI AS THE DIRECTOR OF FINANCE" Reso 24-83
  26. 26 "APPROVING THE FISCAL YEAR 2025 OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES" Reso 24-84
  27. 27 "AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF MAUI, THE MAUI COUNTY COUNCIL, AND OTHER COUNTY OFFICIALS AND ENTITIES IN LEGAL CHALLENGES TO THE COUNTY’S APPOINTMENT OF MEMBERS TO BOARDS AND COMMISSIONS" Reso 24-86
  28. 28 "AUTHORIZING THE TRANSFER OF AN UNENCUMBERED APPROPRIATION BALANCE WITHIN THE DEPARTMENT OF POLICE, FISCAL YEAR 2024 BUDGET" Reso 24-87
  29. M. ORDINANCES:
  30. 30 "A BILL FOR AN ORDINANCE AMENDING SECTION 19.30A.050, MAUI COUNTY CODE, RELATING TO THE SIZE OF FARM DWELLINGS IN THE AGRICULTURAL DISTRICT" The purpose of this bill is to amend Section 19.30A.050, Maui County Code, to expand the allowable size of one of two farm dwellings per lot in the Agricultural District, from 1,000 to 1,500 square feet of developable area, on Maui and Lānaʻi. Bill 71 (2024)
  31. 31 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.35 AND SECTION 16.28.010, MAUI COUNTY CODE, RELATING TO DEPARTMENT OF HOUSING REVOLVING FUNDS" The purpose of this bill is to update Chapter 3.35 and Section 16.28.010 to amend references to the Department of Housing and Human Concerns, which was bifurcated by 2022 Charter amendment. Bill 72 (2024)
  32. 32 PAGE BREAK
  33. 33 ORDINANCES - SECOND AND FINAL READING:
  34. 34 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF WATER SUPPLY, COUNTYWIDE; AND APPENDIX C, DEPARTMENT OF WATER SUPPLY, COUNTYWIDE" The purpose of this bill is to amend the Fiscal Year 2024 Budget, by: 1) amending Section 2, Estimated Revenues, by increasing Other Intergovernmental by $1,502,403; 2) amending Section 4.H.1.a, Department of Water Supply, Countywide, Water Supply, by adding a new appropriation for State Revolving Loan Fund, entitled "Lead and Copper Rule Revision Compliance," in the amount of $1,502,403; 3) adjusting the totals accordingly; and 4) amending Appendix C - Capital Improvement Projects, Department of Water Supply, Countywide, by adding a new project and project description, entitled "Lead and Copper Rule Revision Compliance," in the amount of $1,502,403. Bill 48, CD1 (2024)
  35. 35 "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 DRINKING WATER STATE REVOLVING FUND FOR LEAD AND COPPER RULE REVISION COMPLIANCE, FISCAL YEAR 2024 BUDGET ORDINANCE" The purpose of this bill is to authorize the Mayor to enter into an intergovernmental agreement with the State of Hawaii for a loan from the Drinking Water Revolving Fund in the amount of $1,502,403 for Lead and Copper Rule Revision Compliance. Bill 49 (2024)
  36. 36 "A BILL FOR AN ORDINANCE AMENDING ORDINANCE 5581 RELATING TO AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES GOVERNMENT AND THE STATE OF HAWAII REGARDING THE AUTHORIZATION FOR MAUI WILDFIRE DEBRIS REMOVAL FOR COUNTY-OWNED PROPERTIES" The purpose of this bill is to amend Ordinance 5581, which inadvertently omitted several properties from the list of properties owned and/or managed by the County. Bill 106
  37. N. UNFINISHED BUSINESS:
  38. 38 "A BILL FOR AN ORDINANCE AMENDING THE DEFINITIONS OF 'FARM' AND 'FARM LABOR DWELLING' IN THE COMPREHENSIVE ZONING ORDINANCE" Bill 42, CD1, FD1 (2024)
  39. 39 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.
  40. 40 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.