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Council of the County of Maui

January 26, 2024 ·9:00 AM Final ·Regular Meeting
Agenda PDF 📹 Watch video Official record ↗

Agenda — 62 items

  1. A. ROLL CALL ▶ jump to 15:41
  2. B. OPENING REMARKS: ▶ jump to 18:33
  3. 3 COUNCILMEMBER GABE JOHNSON
  4. C. PLEDGE OF ALLEGIANCE ▶ jump to 21:38
  5. D. TESTIMONY ON CEREMONIAL RESOLUTIONS
  6. 6 PAGE BREAK
  7. E. CEREMONIAL RESOLUTIONS:
  8. 8 NONE.
  9. F. SET THE CONSENT CALENDAR
  10. G. PRESENTATION OF WRITTEN OR ORAL TESTIMONY ▶ jump to 23:33
  11. H. MINUTES:
  12. 12 NONE.
  13. I. ACTION ON THE CONSENT CALENDAR
  14. 14 NONE.
  15. J. COMMUNICATIONS:
  16. 16 1. COUNTY COMMUNICATIONS:
  17. 17 COUNCIL CHAIR LEE, transmitting a proposed amendment to Bill 38, CD1, FD1 (2023), entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.34, MAUI COUNTY CODE, ESTABLISHING CRITERIA FOR THE ʻOHANA ASSISTANCE PROGRAM WITHIN THE HOMEOWNER PROGRAMS REVOLVING FUND". CC 24-4 ▶ jump to 50:37
  18. 18 2. GENERAL COMMUNICATIONS:
  19. 19 NONE.
  20. K. COMMITTEE REPORTS:
  21. 21 Budget, Finance, and Economic Development Committee
  22. 22 Recommending FIRST READING of Bill 135 (2023) to amend the Fiscal Year 2024 Budget, Appendix A, Part I, Grants and Restricted Use Revenues - Schedule of Grants and Restricted Use Revenues by Departments and Programs for Fiscal Year 2024, for the Department of Police, by adding a new appropriation entitled “Hawaii Medical Service Association (HMSA)” in the amount of $11,000. CR 24-7 ▶ jump to 52:16
  23. 23 Recommending the following: 1. ADOPTION of Resolution 23-246, CD1, to authorize the settlement of a class grievance filed on behalf of the State of Hawaii Organization of Police Officers, Bargaining Unit-12 Employees in the Department of Police, alleging violations of various articles of the Bargaining Unit-12 collective bargaining agreement based on a denial of temporary hazard pay relating to the Coronavirus Disease 2019 pandemic; and 2. FIRST READING of Bill 140, CD1 (2023) to amend the Fiscal Year 2024 Budget by 1) amending Section 2, Estimated Revenues, by increasing Carryover/Savings from the General Fund by $10,000,000; 2) amending Section 3.B.5.g.(7), Department of Finance, Countywide Costs, Insurance Programs and Self Insurance, by increasing Category B (Operations and Equipment) and Total appropriations by $10,000,000; and 3) adjusting the totals accordingly. With reference to this agenda item, one or more executive meetings are anticipated in accordance with Section 92-5(a)(3), Hawaii Revised Statutes, to deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations; 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 pursuant to a state or federal law, or a court order. CR 24-8 ▶ jump to 53:41
  24. 24 Government Relations, Ethics, and Transparency Committee
  25. 25 Recommending ADOPTION of Resolution 24-1, CD1, to approve the appointments of Setsuko Regina Gormley (Kahului), Stephen Bernard Kealoha (Upcountry), Cory Keahiokauwela Lehano (Wailuku-Waihe‘e-Waikapū), Kanoe Lani Kaiaokamalie Shimizu (Lāna‘i), Jason Kahanu Stone (Makawao-Haʻikū-Pāʻia), Jennifer Rose Sullivan (South Maui), and Chad Kendall Viela (West Maui), and disapprove the appointment of Robert Andrew Stephenson (Molokai) to the Independent Nomination Board CR 24-9 ▶ jump to 56:40
  26. 26 Housing and Land Use Committee
  27. 27 Recommending FIRST READING of Bill 82, CD1 (2023) to grant a five-year Conditional Permit time extension by amending Ordinance 4405 (2017) for Hoʻokahi Palama Aliʻi, LLC to continue operating special events in the County Agricultural District, located at 250 Haiku Road, Haʻikū, Maui, Hawai‘i. CR 24-10 ▶ jump to 59:56
  28. 28 Recommending FIRST READING of Bill 80, CD1 (2023) to grant Carolee Higashino, owner and operator of A White Orchid Wedding, Inc., a Conditional Permit to conduct small-scale special events within the County R-3 Residential District for real property identified as tax map key (2) 2-1-006:011, located at 7000 Mākena Road, Kīhei, Maui, Hawaiʻi. CR 24-11 ▶ jump to 62:30
  29. 29 Water and Infrastructure Committee
  30. 30 Recommending ADOPTION of Resolution 23-217, CD1, to accept a 9,754-square-foot parcel from the State, identified for real property tax purposes as tax map key (2) 3-8-077:011, Pulehunui, Wailuku, Maui, Hawaii, by Executive Order 4687, for the operation of Kihei Sewerage System Pump Station No. 2. CR 24-12 ▶ jump to 68:34
  31. L. RESOLUTIONS:
  32. 32 "AUTHORIZING ACCEPTANCE OF THE DONATION OF BIOASTIN TO THE DEPARTMENT OF FIRE AND PUBLIC SAFETY, PURSUANT TO CHAPTER 3.56, MAUI COUNTY CODE" Reso 24-11 ▶ jump to 70:40
  33. 33 "REMOVAL OF DEAN KIMO FRAMPTON FROM THE LIQUOR CONTROL COMMISSION FOR THE COUNTY OF MAUI" Reso 24-12 ▶ jump to 73:08
  34. 34 "AUTHORIZING ADDITIONAL COMPENSATION RELATED TO THE EMPLOYMENT OF SPECIAL COUNSEL KOBAYASHI SUGITA & GODA, LLP, IN CHRISTOPHER SALEM V. COUNTY OF MAUI, ET AL., CIVIL NO. 2CCV-21-0000048" Reso 24-13
  35. 35 "AUTHORIZING ACCEPTANCE OF THE DONATION OF $15,000.00 FROM USAGING DISASTER RELIEF FUND TO THE MAUI COUNTY OFFICE ON AGING, PURSUANT TO CHAPTER 3.56, MAUI COUNTY CODE" Reso 24-14 ▶ jump to 73:48
  36. M. ORDINANCES:
  37. 37 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNIVERSITY OF HAWAII, REGARDING THE HAWAII BROADBAND EQUITY, ACCESS, AND DEPLOYMENT (BEAD) PROGRAM INITIAL PLANNING FUNDS" Bill 6, CD1 (2024) ▶ jump to 74:44
  38. 38 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.47, MAUI COUNTY CODE, RELATING TO THE COUNTY TRANSIENT ACCOMMODATIONS TAX" The purpose of this bill is to address recommendations made by the Office of the County Auditor in its "Evaluation of the Assessment and Collection of Maui County Transient Accommodations Tax," Report 23-01, dated December 2023. Bill 7 (2024) ▶ jump to 75:16
  39. 39 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, OFFICE OF THE MAYOR, ADMINISTRATION PROGRAM" The purpose of this bill is to amend the Fiscal Year 2024 Budget, Office of the Mayor, Administration Program by deleting the conditional language for watershed management planning and implementation under Environmental Protection, deleting the line item for Hoʻahu Energy Co-op Molokai and adding a new appropriation for the Maui Family Young Men's Christian Association in the amount of $200,000. Bill 8 (2024) ▶ jump to 75:32
  40. 40 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF PARKS AND RECREATION, KIHEĪ-MAKENA COMMUNITY PLAN AREA; AND APPENDIX C, DEPARTMENT OF PARKS AND RECREATION, KIHEĪ-MAKENA COMMUNITY PLAN AREA" The purpose of this bill is to 1) increase Carryover/Savings, General Fund and Total Estimated Revenues by $800,000; 2) amend Capital Improvement Projects, Department of Parks and Recreation, Kīhei-Makena Community Plan Area, Parks and Recreation, by adding a new appropriation under General Fund entitled "Kihei Community Center Improvements" in the amount of $800,000 and increase the Total Capital Improvement Project Appropriations and Total Appropriations by the same amount; and 3) amend Appendix C, Department of Parks and Recreation, Kihei-Makena Community Plan Area, by adding a new project and project description for "Kihei Community Center Improvements" in the amount of $800,000. Bill 9 (2024) ▶ jump to 75:44
  41. 41 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF THE PROSECUTING ATTORNEY" The purpose of this bill is to increase the appropriation for the Edward Byrne Memorial Justice Assistance Grant Program by $84,310. Bill 10 (2024) ▶ jump to 76:07
  42. 42 "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, SPORTS AND EVENTS PROMOTION, TECHNOLOGY IN BUSINESS PROMOTION, AND HONE HEKE CORPORATION" The purpose of this bill is to amend the Fiscal Year 2024 Budget, Office of the Mayor, Economic Development Program, Grants and disbursements for business development and technology by: 1) reducing Sports and Events Promotion, Category B - Operations & Equipment and the Total by $111,032 and to delete "for sporting events" after "student travel"; 2) reducing Technology in Business Promotion, Category B - Operations & Equipment and the Total by $388,968; and 3) adding a new appropriation for "Hone Heke Corporation" in the amount of $500,000" Bill 11 (2024) ▶ jump to 77:19
  43. 43 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, DEPARTMENT OF FIRE AND PUBLIC SAFETY, FIRE PREVENTION PROGRAM; AND APPENDIX A, PART II, FIRE HAZARD REMOVAL REVOLVING FUND" The purpose of this bill is to amend the Fiscal Year 2024 Budget, by 1) decreasing the appropriation for the Department of Fire and Public Safety, Fire Prevention Program by $50,000 and adding a new appropriation entitled "Transfer to the Fire Hazard Removal Revolving Fund" in the amount of $50,000 and 2) in Appendix A, Part II, increasing the Anticipated Revenue for FY 2024 for the Fire Hazard Removal Revolving Fund by $50,000 and adding conditional language to allow for expenditure from the fund. Bill 12 (2024) ▶ jump to 107:47
  44. 44 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF TRANSPORTATION, WAILUKU-KAHULUI COMMUNITY PLAN AREA; AND APPENDIX C, DEPARTMENT OF TRANSPORTATION, WAILUKU-KAHULUI COMMUNITY PLAN AREA" The purpose of this bill is to 1) increase Bond/Lapsed Bond and Total Estimated Revenues by $2,020,000; 2) amend Capital Improvement Projects, Department of Transportation, by adding a new appropriation for the Wailuku-Kahului Community Plan Area, Government Facilities, Bond Fund entitled "Transportation Baseyard Facility" in the amount of $2,020,000 and increase the Total Capital Improvement Project Appropriations and Total Appropriations by the same amount; and 3) amend Appendix C, Department of Transportation, Wailuku-Kahului Community Plan Area, Transportation Baseyard Facility, by increasing the appropriation by $2,020,000. Bill 13 (2024) ▶ jump to 114:22
  45. 45 "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 5530, BILL NO. 24, CD1 (2023), RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI ISSUANCE, SALE AND DELIVERY OF SAID BONDS (DEPARTMENT OF TRANSPORTATION)" The purpose of this bill is to amend Ordinance No. 5530, to add a new appropriation under the Department of Transportation for the Wailuku-Kahului Community Plan Area, Government Facilities, entitled "Transportation Baseyard Facility" in the amount of $2,020,000 and to increase the total by the same amount. Bill 14 (2024) ▶ jump to 114:49
  46. 46 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, REGARDING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE" Bill 15 (2024)
  47. 47 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX A, PART I, DEPARTMENT OF HOUSING AND HUMAN CONCERNS" The purpose of this bill is to amend the Fiscal Year 2024 Budget, Appendix A, Part I, Department of Housing and Human Concerns to add a new grant entitled "USAging Disaster Relief Fund" in the amount of $15,000. Bill 16 (2024) ▶ jump to 156:23
  48. 48 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF PARKS AND RECREATION, LĀNAʻI COMMUNITY PLAN AREA; AND APPENDIX C, DEPARTMENT OF PARKS AND RECREATION, LĀNAʻI COMMUNITY PLAN AREA" The purpose of this bill is to amend the Fiscal Year 2024 Budget to 1) increase Bond/Lapsed Bond and Total Estimated Revenues by $2,914,000; 2) amend Capital Improvement Projects, Department of Parks and Recreation, Lānaʻi Community Plan Area, Parks and Recreation, by adding a new appropriation under Bond Fund entitled "Lānaʻi Youth Center and Skate Park" in the amount of $2,914,000 and increase the Total Capital Improvement Project Appropriations and Total Approprations by the same amount; and 3) amend Appendix C, Department of Parks and Recreation, Lānaʻi Community Plan Area, by adding a new project and project description entitled "Lanaʻi Youth Center and Skate Park" in the amount of $2,914,000. Bill 17 (2024) ▶ jump to 165:23
  49. 49 "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 5530, BILL NO. 24, CD1 (2023), RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI ISSUANCE, SALE AND DELIVERY OF SAID BONDS (DEPARTMENT OF PARKS AND RECREATION)" The purpose of this bill is to amend Ordinance No. 5530, to add a new appropriation under the Parks and Recreation for "Lānaʻi Youth Center and Skate Park" in the amount of $2,914,000 and to increase the total by the same amount. Bill 18 (2024)
  50. 50 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF PARKS AND RECREATION, PAʻIA-HĀʻIKŪ COMMUNITY PLAN AREA; AND APPENDIX C, DEPARTMENT OF PARKS AND RECREATION, PĀʻIA-HAʻIKŪ COMMUNITY PLAN AREA" The purpose of this bill is to amend the Fiscal Year 2024 Budget to 1) increase Carryover/Savings, General Fund and Total Estimated Revenues by $510,500; 2) amend Capital Improvement Projects, Department of Parks and Recreation, by adding a new appropriation for Pāʻia-Haʻikū Community Plan Area, General Fund entitled "Lower Pāʻia Park Parking Lot" in the amount of $510,500 and increase the Total Capital Improvement Project Appropriations and Total Appropriations by the same amount; and 3) amend Appendix C, Department of Parks and Recreation, to add a new project and project description for Pāʻia-Haʻikū Community Plan Area, entitled "Lower Pāʻia Park Parking Lot" in the amount of $510,500. Bill 19 (2024)
  51. 51 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX B, DEPARTMENT OF WATER SUPPLY, WATER SERVICE RATES-AGRICULTURAL CONSUMERS" The purpose of this bill is to add a new category "Nondwelling Agricultural Rate" prior to Water Shortage Rates. Bill 20, FD1 (2024) ▶ jump to 175:50
  52. 52 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 16.25, MAUI COUNTY CODE, RELATING TO SECTION 105 PERMITS OF THE BUILDING CODE ADMINISTRATIVE AND SUPPLEMENTAL PROVISIONS" The purpose of this bill is to broaden the applicability of the emergency repair provisions and clarify the review and approval procedures for issuing emergency repair permits so to expedite the recovery of housing, public facilities, and businesses in Lahaina. Bill 21 (2024) ▶ jump to 183:47
  53. 53 "A BILL FOR AN ORDINANCE AMENDING CHAPTERS 2.96 AND 3.44, MAUI COUNTY CODE, ON RESIDENTIAL WORKFORCE HOUSING UNITS" The purpose of this bill is to: 1) increase the time, in each category of residential workforce housing units, during which units must be offered to the County before being offered to others; and 2) expedite the County's purchase of residential workforce housing units when offered to the County. Bill 22 (2024) ▶ jump to 184:06
  54. 54 ORDINANCES - SECOND AND FINAL READING:
  55. 55 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.34, MAUI COUNTY CODE, ESTABLISHING CRITERIA FOR THE ʻOHANA ASSISTANCE PROGRAM WITHIN THE HOMEOWNER PROGRAMS REVOLVING FUND" The purpose of this bill is to allow grants up to $100,000 for property owners to build an accessory dwelling or second farm dwelling to be used as a rental residential workforce housing unit. Bill 38, CD1, FD1 (2023) ▶ jump to 185:54
  56. 56 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, DEPARTMENT OF FIRE AND PUBLIC SAFETY, ADMINISTRATION PROGRAM AND TRAINING PROGRAM" The purpose of this bill is to amend the Fiscal Year 2024 Budget, Department of Fire and Public Safety, Administration Program by decreasing the equivalent personnel by 2.0 and the appropriation under Category A by $82,884 and increasing the equivalent personnel and the appropriation under Category A for the Training Program in the same amount. ▶ jump to 192:01
  57. 57 "A BILL FOR AN ORDINANCE REPEALING CHAPTER 19.62, MAUI COUNTY CODE, AND CREATING A NEW CHAPTER 16.29, MAUI COUNTY CODE, RELATING TO FLOOD HAZARD AREAS" Bill 126, CD1 (2023) ▶ jump to 193:16
  58. 58 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII FOR THE LEASE OF THE MAUI BUS TRANSIT HUB PROPERTY" Bill 127, CD1 (2023) ▶ jump to 194:30
  59. 59 PAGE BREAK
  60. N. UNFINISHED BUSINESS:
  61. 61 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.34, MAUI COUNTY CODE, ESTABLISHING CRITERIA FOR THE 'OHANA ASSISTANCE PROGRAM WITHIN THE HOMEOWNER PROGRAMS REVOLVING FUND" The purpose of this bill is to allow grants up to $100,000 for property owners to build an accessory dwelling or second farm dwelling to be used as a rental residential workforce housing unit. Bill 38, CD1 (2023)
  62. 62 NOTE: "BOARD PACKETS", AS DEFINED IN SECTION 92-7.5 OF THE HAWAII REVISED STATUTES, ARE AVAILABLE FOR INSPECTION AT THE OFFICE OF THE COUNTY CLERK, 200 SOUTH HIGH STREET, STE. 708, WAILUKU, HAWAIʻI. "BOARD PACKETS" ARE ALSO AVAILABLE ELECTRONICALLY AS SOON AS PRACTICABLE UPON REQUEST. ITEMS LISTED ON THE AGENDA MAY BE ACCESSED AT MAUICOUNTY.LEGISTAR.COM. THIS MEETING IS BEING CONDUCTED IN ACCORDANCE WITH SECTION 92-3.7, HAWAII REVISED STATUTES. 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 BLUEJEANS CONNECTIVITY AFFECTING QUORUM IS LOST, THE COUNCIL WILL BE IN RECESS. IT WILL NOT BE CONSIDERED A LOSS OF QUORUM UNLESS CONNECTIVITY CANNOT BE RESTORED WITHIN 30 MINUTES. IF THE BLUEJEANS 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 9:00 A.M., USING THE SAME VIRTUAL CONNECTIONS, UNLESS THE COUNCIL ANNOUNCES A DIFFERENT DATE AND TIME. IF AKAKU PREMATURELY CEASES BROADCASTING THE MEETING, THE MEETING WILL CONTINUE VIA INTERACTIVE CONFERENCE TECHNOLOGY AND A RECORDING WILL BE SENT TO AKAKU TO BE INCLUDED WITH ARCHIVED MEETING VIDEOS. ANYONE REQUESTING AN AUXILIARY AID OR SERVICE OR AN ACCOMMODATION DUE TO A DISABILITY SHOULD CONTACT THE OFFICE OF THE COUNTY CLERK AT LEAST THREE WORKING DAYS PRIOR TO THE MEETING DATE AT (808) 270-7748 OR COUNTY.CLERK@MAUICOUNTY.US.