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Council of the County of Maui

January 12, 2024 ·9:00 AM Final ·Regular Meeting
Agenda PDF 📹 Watch video Official record ↗

Agenda — 61 items

  1. A. ROLL CALL ▶ jump to 13:28
  2. B. OPENING REMARKS: ▶ jump to 15:16
  3. 3 COUNCILMEMBER TAMARA PALTIN
  4. C. PLEDGE OF ALLEGIANCE ▶ jump to 18:14
  5. D. TESTIMONY ON CEREMONIAL RESOLUTIONS
  6. E. CEREMONIAL RESOLUTIONS:
  7. 7 "RECOGNIZING FIREFIGHTER TANNER MOSHER FOR HIS EXCEPTIONAL HEROISM DURING THE AUGUST 2023 LAHAINA WILDFIRES" Reso 24-8 ▶ jump to 32:06
  8. 8 "HONORING MICHAEL SHIFFLER FOR HIS VOLUNTEERISM AFTER THE AUGUST 2023 WILDFIRES" Reso 24-9 ▶ jump to 63:06
  9. F. SET THE CONSENT CALENDAR
  10. G. PRESENTATION OF WRITTEN OR ORAL TESTIMONY
  11. H. MINUTES:
  12. 12 NONE.
  13. I. ACTION ON THE CONSENT CALENDAR
  14. J. COMMUNICATIONS:
  15. 15 1. COUNTY COMMUNICATIONS:
  16. 16 COUNCILMEMBER COOK, transmitting a proposed amendment to Bill 42, CD1 (2023), entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 18.04, MAUI COUNTY CODE, RELATING TO GENERAL PROVISIONS FOR SUBDIVISIONS AND HISTORIC PROPERTIES". CC 24-1 ▶ jump to 306:05
  17. 17 COUNCILMEMBER PALTIN, transmitting a proposed amendment to Bill 120, CD1, FD1 (2023), entitled "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 LAND AND NATURAL RESOURCES, REGARDING THE ISSUANCE OF A MANAGEMENT RIGHT-OF-ENTRY FOR THE LAHAINA WILDFIRE FINAL DISPOSITION PROJECT" CC 24-2 ▶ jump to 312:04
  18. 18 COUNCIL CHAIR LEE, transmitting a proposed amendment to Bill 134 (2023), entitled "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, OFFICE OF MAYOR, ECONOMIC DEVELOPMENT PROGRAM, EAST MAUI ECONOMIC DEVELOPMENT, ENVIRONMENTAL, AND CULTURAL PROGRAMS". CC 24-3 ▶ jump to 312:46
  19. 19 2. GENERAL COMMUNICATIONS:
  20. 20 NONE.
  21. 21 PAGE BREAK
  22. K. COMMITTEE REPORTS:
  23. 23 Agriculture, Diversification, Environment, and Public Transportation Committee
  24. 24 Recommending FIRST READING of Bill 127, CD1 (2023), authorizing the Mayor to enter into an intergovernmental agreement with the State of Hawaiʻi for a 65-year lease of real property identified as tax map key (2) 3-7-004:003, located at 153 West Kaʻahumanu Avenue, Kahului, Maui, Hawaiʻi, for the Maui Bus Transit Hub. CR 24-1 ▶ jump to 313:45
  25. 25 Budget, Finance, and Economic Development Committee
  26. 26 Recommending FIRST READING of Bill 107 (2023) to amend the Fiscal Year 2024 Budget by: 1) amending Section 3.B.6.a., Department of Fire and Public Safety, Administration Program, by decreasing equivalent personnel by 2.0 and decreasing Category A (Salaries) and Total appropriations by $82,884; and 2) amending Section 3.B.6.b., Department of Fire and Public Safety, Training Program, by increasing equivalent personnel by 2.0 and increasing Category A (Salaries) and Total appropriations by $82,884. CR 24-2 ▶ jump to 316:49
  27. 27 Government Relations, Ethics, and Transparency Committee
  28. 28 Recommending ADOPTION of Resolution 23-238, approving the Mayor’s appointment of Josiah Nishita as Managing Director. ▶ jump to 318:27
  29. 29 Recommending ADOPTION of Resolution 23-177, authorizing settlement of Manuel Sorcy v. Tivoli Faaumu, et al., Civil 2CCV-22-0000262(4). 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 pursuant to a State or Federal law, or a court order. ▶ jump to 320:36
  30. 30 Recommending ADOPTION of Resolution 23-229, authorizing settlement of Lou Baffa v. County of Maui and Maui Electric Co. Ltd., Civil 2CCV-22-00163. 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 pursuant to a State or Federal law, or a court order.
  31. 31 Water and Infrastructure Committee
  32. 32 Recommending FIRST READING of Bill 126, CD1 (2023), to repeal Chapter 19.62 - Flood Hazard Areas, establish Chapter 16.29 - Flood Hazard Areas, transfer the responsibility for administering Flood Hazard Areas from the Director of Planning to the Director of Public Works, and include the Federal Emergency Management Agency’s requirement that all machinery and equipment servicing a building be elevated to one foot above the base-flood elevation. CR 24-6 ▶ jump to 322:29
  33. L. RESOLUTIONS:
  34. 34 "APPROVING THE HAWAIʻI STATE ASSOCIATION OF COUNTIES' OFFICERS AND ALTERNATES" Reso 24-2 ▶ jump to 325:10
  35. 35 "APPROVING REVISIONS TO THE INDEPENDENT DEVELOPMENT OF THE 100 PERCENT AFFORDABLE HALE PILINA FAMILY AFFORDABLE RENTAL HOUSING PROJECT PURSUANT TO CHAPTER 2.97, MAUI COUNTY CODE" Reso 24-3 ▶ jump to 326:53
  36. 36 "APPROVING THE APPOINTMENT OF JENNIFER A. YAMASHITA AS COMMITTEE SECRETARY IN THE OFFICE OF COUNCIL SERVICES" Reso 24-4 ▶ jump to 329:20
  37. 37 "URGING THE COUNTY ADMINISTRATION TO PROVIDE AN UPDATE ON PERMISSIBLE HOUSING USES AND TYPES AND IDENTIFY BARRIERS PROPERTY OWNERS MAY ENCOUNTER IN REBUILDING RESIDENTIAL UNITS IMPACTED BY THE MAUI WILDFIRES" Reso 24-5 ▶ jump to 331:05
  38. 38 "URGING THE STATE LEGISLATURE TO SUPPORT SENATE BILL 322 (2023), SD1, RELATING TO THE INTERSTATE LICENSED PROFESSIONAL COUNSELORS COMPACT" Reso 24-6 ▶ jump to 331:27
  39. 39 "AUTHORIZING THE TRANSFER OF AN UNENCUMBERED APPROPRIATION BALANCE WITHIN THE DEPARTMENT OF PARKS AND RECREATION, FISCAL YEAR 2024 BUDGET" Reso 24-7 ▶ jump to 334:21
  40. M. ORDINANCES:
  41. 41 "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE ARMY (US ARMY) REGARDING A DESIGN AGREEMENT FOR THE IAO STREAM, MAUI, HAWAII - FLOOD RISK MANAGEMENT" The purpose of this bill is to authorize the Mayor to enter into an amendment to an intergovernmental agreement with the U.S. Department of Army, Corps of Engineers, to complete the design of a federal undertaking at the Wailuku River Flood Control Project. Bill 1 (2024) ▶ jump to 351:54
  42. 42 PAGE BREAK
  43. 43 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, APPENDIX B, DEPARTMENT OF FIRE AND PUBLIC SAFETY, FEES - FIRE - PERMIT INSPECTION, ETC." The purpose of this bill is to amend the Fiscal Year 2024 Budget, Appendix B, Revenues - Fees, Rates, Assessments and Taxes, Department of Fire and Public Safety, General Fund, Fees - Fire - Permit Inspection, etc., to add a reimbursement fee for any additional cost incurred for inspections on commercial activities outside normal business hours or at distant locations, including Hāna, Molokai, and Lāna‘i. Bill 2 (2024) ▶ jump to 352:14
  44. 44 ORDINANCES - SECOND AND FINAL READING:
  45. 45 "A BILL FOR AN ORDINANCE AMENDING SECTION 14.02.030 AND CHAPTER 20.30, MAUI COUNTY CODE, RELATING TO PROHIBITED DISCHARGE STANDARDS" The purpose of this bill is to require municipal wastewater effluent discharged by the County to meet Hawaii State R-1 reuse water standards. ▶ jump to 352:34
  46. 46 "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) ▶ jump to 354:48
  47. 47 "A BILL FOR AN ORDINANCE AMENDING CHAPTER 18.04, MAUI COUNTY CODE, RELATING TO GENERAL PROVISIONS FOR SUBDIVISIONS AND HISTORIC PROPERTIES" ▶ jump to 356:49
  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, WAILUKU-KAHULUI COMMUNITY PLAN AREA; AND APPENDIX C, DEPARTMENT OF PARKS AND RECREATION, WAILUKU-KAHULUI COMMUNITY PLAN AREA" The purpose of this bill is to amend the Fiscal Year 2024 Budget by: 1) amending Section 2, Estimated Revenues, by increasing Carryover/Savings from the General Fund by $300,000; 2) amending Section 4.D.6.a.(1), Department of Parks and Recreation, Wailuku-Kahului Community Plan Area, Parks and Recreation, General Fund, by adding a new appropriation, entitled “Keopuolani Field Lights Replacement,” in the amount of $300,000; 3) adjusting the totals accordingly; and 4) amending Appendix C - Capital Improvement Projects, Department of Parks and Recreation, Wailuku-Kahului Community Plan Area, by adding a new project and project description, entitled “Keopuolani Field Lights Replacement,” in the amount of $300,000. ▶ jump to 360:17
  49. 49 PAGE BREAK
  50. 50 "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 Career Criminal Program in the amount of $107,548 and the appropriation for the Victim/Witness Assistance Program in the amount of $288,094.
  51. 51 "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 LAND AND NATURAL RESOURCES, REGARDING THE ISSUANCE OF A MANAGEMENT RIGHT-OF-ENTRY FOR THE LAHAINA WILDFIRE FINAL DISPOSITION PROJECT" The purpose of this bill is to authorize the Mayor to enter into an intergovernmental agreement with the State Department of Land and Natural Resources for a management right-of-entry permit for parcels totaling 52.7 acres and identified for real property tax purposes as tax map keys (2) 4-8-003:007 and (2) 4-8-003:008 (portion), Olowalu, Maui, Hawaii, to allow for wildfire debris landfill and ancillary purposes. Bill 120, CD1, FD1 (2023) ▶ jump to 362:59
  52. 52 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, SOLID WASTE OPERATIONS PROGRAM; DEPARTMENT OF FINANCE, COUNTYWIDE COSTS, SUPPLEMENTAL TRANSFER TO THE SOLID WASTE FUND; CAPITAL IMPROVEMENT PROJECTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WEST MAUI COMMUNITY PLAN AREA, SANITATION; AND APPENDIX C, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WEST MAUI COMMUNITY PLAN" ▶ jump to 364:26
  53. 52 "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 LAND AND NATURAL RESOURCES, REGARDING THE ISSUANCE OF A MANAGEMENT RIGHT-OF-ENTRY FOR THE LAHAINA WILDFIRE FINAL DISPOSITION PROJECT" The purpose of this bill is to authorize the Mayor to enter into an intergovernmental agreement with the State Department of Land and Natural Resources for a management right-of-entry permit for parcels totaling 52.7 acres and identified for real property tax purposes as tax map keys (2) 4-8-003:007 and (2) 4-8-003:008 (portion), Olowalu, Maui, Hawaii, to allow for wildfire debris landfill and ancillary purposes. Bill 120, CD1, FD1 (2023) ▶ jump to 381:33
  54. 53 PAGE BREAK
  55. 54 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; DEPARTMENT OF FINANCE, COUNTYWIDE COSTS; AND DEPARTMENT OF WATER SUPPLY, WATER OPERATIONS PROGRAM" The purpose of this bill is to amend the Fiscal Year 2024 Budget by: 1) amending Section 2, Estimated Revenues, by increasing Carryover/Savings from the General Fund and Interfund Transfers, each by $9,200,000; 2) amending Section 3.B.5.g, Department of Finance, Countywide Costs, by adding a new appropriation entitled “Supplemental Transfer to the Water Fund” in the amount of $9,200,000; 3) amending Section 3.B.18.c, Department of Water Supply, Water Operations Program - Water Fund, by increasing Category B (Operations & Equipment) and Total appropriations by $9,200,000; and 4) adjusting the totals accordingly.
  56. 55 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, REVENUES; AND DEPARTMENT OF FIRE AND PUBLIC SAFETY, FIRE/RESCUE OPERATIONS PROGRAM" The purpose of this bill is to amend the Fiscal Year 2024 Budget by: 1) amending Section 2, Estimated Revenues, by increasing Carryover/Savings from the General Fund by $2,000,000; 2) amending Section 3.B.6.c, Department of Fire and Public Safety, Fire/Rescue Operations Program by increasing Category B (Operations & Equipment) and Total appropriations by $2,000,000; and 3) adjusting the totals accordingly.
  57. 56 "A BILL FOR AN ORDINANCE AMENDING SECTION 19.47.070, MAUI COUNTY CODE, RELATING TO WETLANDS OVERLAY MAPPING" ▶ jump to 366:03
  58. 57 "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET FOR THE COUNTY OF MAUI, OFFICE OF THE MAYOR, ECONOMIC DEVELOPMENT PROGRAM, EAST MAUI ECONOMIC DEVELOPMENT, ENVIRONMENTAL, AND CULTURAL PROGRAMS" The purpose of this bill is to amend the FY2024 Budget, Office of the Mayor, Economic Development Program, East Maui Economic Development, Environmental, and Cultural Programs, to change “Holani Hāna, Inc.” to “Hāna Canoe Club” and delete the line item for Na Keiki O Lawaiʻa. ▶ jump to 366:59
  59. N. UNFINISHED BUSINESS:
  60. 59 NONE.
  61. 60 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.