ORAL OR WRITTEN TESTIMONY - Maui County

website: http://www.mauicounty.govicounty/clerkSub/Agenda.php.e-mail: county.clerlq&.mauicounty.us

ORAL OR WRITTEN TESTIMONY

ORAL OR WRITTEN TESTIMONY on any agenda item will be accepted. Each testifier shall beallowed to speak for three minutes on each item. If additional time is requested, the testifier shallbe allowed one minute to conclude the testimony on the item. No further oral testimony by thetestifier on the item shall be permitted. An individual's request to testify shall be deemedwithdrawn if the individual does not answer when called to testify.

If written testimony is submitted at the meeting, 15 copies are requested. If written testimony ise-mailed or faxed (808-270-7171), it must be received at least 24 hours prior to the meeting;provided, that if a meeting will be held on a Monday, written testimony shall be received by12:00 noon on the business day preceding the meeting.

A. ROLL CALL

B.

C. PLEDGE OF ALLEGIANCE

D. TESTIMONY ON CEREMONIAL RESOLUTIONS

E. CEREMONIAL RESOLUTIONS:

NO. - "RECOGNIZING MARCH 2012 AS RED CROSS MONTH IN THE COUNTY OFMAUI"

F. PRESENTATION OF WRITTEN OR ORAL TESTIMONY

G. MINUTES:

NONE.

http://www.mauicounty.govicounty/clerkSub/Agenda.php.

AGENDA--MAUI COUNTY COUNCIL--MARCH 2, 2012--REGULAR MEETING PAGE 2

H. COMMITTEE REPORTS:

NO. 12-26 BUDGET AND FINANCE COMMITTEE:

Recommending the following:

1. FIRST READING of bill to amend the Fiscal Year 2012 Budget by addinga $250,000 appropriation for the Nahiku Community Center project in theHana Community Plan area;

2. FIRST READING of bill to amend the Fiscal Year 2012 general obligationbond authorization ordinance by adding $250,000 for the NahikuCommunity Center project in the Hana Community Plan area; and

3. FILING of communication.

NO. 12-27 INFRASTRUCTURE MANAGEMENT COMMITTEE:


1. FIRST READING of bill to update the existing Building Code from theUniform Building Code, 1997 Edition, to the International Building Code,2006 Edition, with certain revisions recommended by the Department ofPublic Works;

2. FIRST READING of bill to update the existing Housing Code to theInternational Residential Code, 2006 Edition, with certain revisionsrecommended by the Department of Public Works; and

3. FILING of communications.

NO. 12-28 LAND USE COMMITTEE:


1. FIRST READING of bill granting a request from Pauwela Farms, LLC tochange the State Land Use District Classification from Agricultural Districtto Rural District to allow for a four-lot subdivision on approximately4.713 acres located at 125 Pauwela Road, Haiku, Maui, Hawaii ("subjectproperty");

2. FIRST READING of bill granting a request from Pauwela Farms, LLC toestablish RU-0.5 Rural District zoning for the subject property to allow fora four-lot subdivision;

3. RECORDATION of the unilateral agreements; and


AGENDA--MAUI COUNTY COUNCIL--MARCH 2, 2012--REGULAR MEETING. PAGE 3

H. COMMITTEE REPORTS (continued):

NO. 12-29 POLICY COMMITTEE:


1. ADOPTION of resolution approving the appointment of Alice Lee(replacing Delbert DeRego) to the Civil Service Commission, for a termexpiring on March 31, 2013; and

2. ADOPTION of resolution approving the appointment of Martha Foit(replacing Douglas Harr) to the Council on Aging, for a term expiring onMarch 31, 2013.

NO. 12-30 POLICY COMMITTEE:

Recommending ADOPTION of resolution relating to the appointment ofmembers to the boards, committees, and commissions for the County of Maui:

1. APPROVE the appointment of the following members to the boards,committees, and commissions for the County of Maui (for terms beginningon April 1, 2012 and expiring on March 31, 2017, unless otherwiseindicated):

A. AFFIRMATIVE ACTION ADVISORY COUNCIL1. Abelardo Corella (Reappointment);

B. ANIMAL CONTROL BOARD1. Doreen Forsberg;

C. BOARD OF CODE APPEALS1. Gerald Lee;

D. BOARD OF ETHICS1. Norman Franco;

BOARD OF VARIANCES AND APPEALS1. Teddy Espeleta;2. Gene Abbott;

BOARD OF WATER SUPPLY1. Michael Suzuki;2. Robert Joslin;

G. COMMISSION ON CHILDREN AND YOUTH1. Autumn Arase;2. Colin Hanlon;



H. COMMISSION ON CULTURE AND THE ARTS1. Clifford Libed (Reappointment);2. Stephen Hynson;

I. COMMISSION ON NAMING STREETS, PARKS, AND FACILITIES1. Eric Cuomo;2. Alan Fukuyama;

J. COST OF GOVERNMENT COMMISSION1. Jeffrey Halpin, for a term expiring on 03/31/2014;2. Ronald Kawahara, for a term expiring on 03/31/2014

(Reappointment);3. Frank De Rego, Jr., for a term expiring on 03/31/2014

(Reappointment);4. Alexander Gat, for a term expiring on 03/31/2014;5. Victoria Johnson, for a term expiring on 03/31/2014;

K. COUNCIL ON AGING1. Mary Margaret Baker;2. William Myrter;3. Maria Zielinski;

L. FIRE AND PUBLIC SAFETY COMMISSION1. Doreen Gomes;2. Patrick Borge;

M LIQUOR CONTROL ADJUDICATION BOARD1. Doris Tanaka;

N. LIQUOR CONTROL COMMISSION1. William Kennison;2. Neldon Mamuad;

O. MAUI COUNTY COMMISSION ON PERSONS WITHDISABILITIES1. Mikey Tomita (Reappointment);2. Joseph Felipe;3. Gayle Burton;

P. MAUI COUNTY CULTURAL RESOURCES COMMISSION1. Gaylord Kubota;

Q. MAUI COUNTY GRANTS REVIEW COMMITTEE1. William Lawson;2. Susan Liscombe;

R. MAUI PLANNING COMMISSION1. Maxwell Tsai;2. Wayne Hedani;



S. POLICE COMMISSION1. Lawrence Ing;2. Michael Wilson;

T. REAL PROPERTY TAX REVIEW BOARD1. Bruce Erfer;

U. SALARY COMMISSION1. Edward Tamori (Reappointment); and

V. SUBDIVISION ENGINEERING STANDARDS COMMITTEE1. Darren Okimoto; and

2. DISAPPROVE the appointment of the following members to the boards,committees, and commissions for the County of Maui:

A. MOLOKAI PLANNING COMMISSION1. Karen Ashley; and2. Amy Maeda.

NO. 12-31 - POLICY COMMITTEE:

Recommending FILING of communication relating to two reports on theSettlement of Claims as of December 31, 2011.

With reference to this agenda item, one or more executive meetings areanticipated pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, to consultwith legal counsel on questions and issues pertaining to the powers, duties,privileges, immunities, and liabilities of the County, the Council, and theCommittee.

I. COMMUNICATIONS:

1. COUNTY COMMUNICATIONS:

NO. 12-46 - DIRECTOR OF PERSONNEL SERVICES, transmitting a report of thereclassification of positions that were transferred from one compensationplan to another for calendar years 2010 and 2011.

- DIRECTOR OF PUBLIC WORKS, transmitting a proposed bill entitled"A BILL FOR AN ORDINANCE AMENDING SECTION 10.48.040, MAUICOUNTY CODE, RELATING TO STOPPING, STANDING AND PARKINGIN LAHAINA DISTRICT".

NO 12-47


1 COUNTY COMMUNICATIONS (continued):

NO. 12-48 - DIRECTOR OF ENVIRONMENTAL MANAGEMENT, transmitting the"WEST MAUI RECYCLED WATER VERIFICATION STUDY".

NO. 12-49 - COUNCILMEMBER VICTORINO, transmitting a proposed resolutionentitled "URGING THE ADMINISTRATION TO PURSUE PUBLIC-PRIVATE PARTNERSHIPS TO DEVELOP NEW WASTEWATERRECLAMATION FACILITIES".

NO. 12-50 - COUNCIL CHAIR MATEO, submitting a copy of the "ANNUALCOMPLIANCE REPORT, CHANGE IN ZONING CONDITIONS FORMAKENA RESORT AREA" received from Mei Lee Wong, Keaka LLC, inaccordance with Condition 22 of Ordinance No. 3613.

NO. 12-51 - COUNCILMEMBER COUCH, transmitting a proposed resolution entitled"ESTABLISHING A COMPLETE STREETS POLICY FOR THE COUNTYOF MAUI".

2. GENERAL COMMUNICATIONS:

NONE.

J. RESOLUTIONS:

NONE.

K. ORDINANCES - SECOND AND FINAL READING:

BILL NO. 11 (2012) -

"A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOESTIMATED REVENUES; MAKAWAO-PUKALAN I-KULACOMMUNITY PLAN AREA, WATER SUPPLY, KAMAOLE TANKREPLACEMENT; TOTAL CAPITAL IMPROVEMENT PROJECTAPPROPRIATIONS; AND TOTAL APPROPRIATIONS (OPERATINGAND CAPITAL IMPROVEMENT PROJECTS)"

BILL NO. 12 (2012) - "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 3837,BILL NO. 31 (2011), RELATING TO THE ISSUANCE OF GENERALOBLIGATION BONDS OF THE COUNTY OF MAUI (KAMAOLETANK REPLACEMENT)"


ORDINANCES - SECOND AND FINAL READING (continued):

BILL NO. 13 (2012) - "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOESTIMATED REVENUES; MAKAWAO-PUKALANI-KULACOMMUNITY PLAN AREA, WATER SUPPLY, KAUPAKALUA ROADWATERLINE REPLACEMENT; TOTAL CAPITAL IMPROVEMENTPROJECT APPROPRIATIONS; AND TOTAL APPROPRIATIONS(OPERATING AND CAPITAL IMPROVEMENT PROJECTS)"

BILL NO 14 (2012) - "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OFTHE COUNTY OF MAUI TO ENTER INTO ANINTERGOVERNMENTAL AGREEMENT FOR A LOAN FROM THEDRINKING WATER TREATMENT REVOLVING LOAN FUND FORTHE KAUPAKALUA ROAD WATERLINE REPLACEMENTPROJECT, MAKAWAO-PUKALANI-KULA COMMUNITY PLANAREA, FISCAL YEAR 2012 BUDGET ORDINANCE"

BILL NO 15 (2012) - "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOESTIMATED REVENUES; DEPARTMENT OF MANAGEMENT,MANAGEMENT PROGRAM; TOTAL OPERATINGAPPROPRIATIONS; AND TOTAL APPROPRIATIONS (OPERATINGAND CAPITAL IMPROVEMENT PROJECTS)"

BILL NO 16 (2012) - "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOAPPENDIX A, PART II, SPECIAL PURPOSE REVENUES -SCHEDULE OF REVOLVING/SPECIAL FUNDS, AFFORDABLEHOUSING FUND, FISCAL YEAR 2012 AFFORDABLE HOUSINGPLAN, HALE 0 EKOLU PROJECT"

BILL NO. 17 (2012) - "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOAPPENDIX A, PART II, SPECIAL PURPOSE REVENUES -SCHEDULE OF REVOLVING/SPECIAL FUNDS, AFFORDABLEHOUSING FUND, FISCAL YEAR 2012 AFFORDABLE HOUSINGPLAN, HARBOR LIGHTS PROJECT"

BILL NO. 18 (2012) - "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOAPPENDIX A, PART II, SPECIAL PURPOSE REVENUES -SCHEDULE OF REVOLVING/SPECIAL FUNDS, AFFORDABLEHOUSING FUND, FISCAL YEAR 2012 AFFORDABLE HOUSINGPLAN, ALOHA HOUSE CLEAN AND SOBER RENTAL PROJECT"


ORDINANCES - SECOND AND FINAL READING (continued):

BILL NO. 19 (2012)

BILL NO. 20 (2012)

BILL NO. 21 (2012)

- "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2012BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TOAPPENDIX A, PART II, SPECIAL PURPOSE REVENUES -SCHEDULE OF REVOLVING/SPECIAL FUNDS, AFFORDABLEHOUSING FUND, FISCAL YEAR 2012 AFFORDABLE HOUSINGPLAN, HALE MAKANA 0 WAIALE REHABILITATION PROJECT"

- "A BILL FOR AN ORDINANCE REPEALING CHAPTER 16.20A,MAUI COUNTY CODE, AND ESTABLISHING A NEWCHAPTER 16.20B, MAUI COUNTY CODE, RELATING TO THEPLUMBING CODE"

- "A BILL FOR AN ORDINANCE GRANTING TODD AND DEBRAPRESEAULT A CONDITIONAL PERMIT TO ALLOWBUSINESS/OFFICE USES WITHIN THE COUNTY RU-0.5 RURALDISTRICT, FOR PROPERTY SITUATED AT KULA, MAUI, HAWAII"

L. UNFINISHED BUSINESS:

COMMITTEE REPORT:

NO. 12-21 BUDGET AND FINANCE COMMITTEE:


1. FIRST READING of bill amending the Fiscal Year 2012 Budget bychanging the name of the project from "Waikamoi Flume Improvements"project to "Waikamoi Flume Replacement" project, and increasing theappropriation for the project by $12,999,999, from $1 to $13,000,000;

2. FIRST READING of bill authorizing the Mayor to enter into anintergovernmental agreement for a $13,000,000 loan from the StatesDrinking Water Treatment Revolving Loan Fund for the Waikamoi FlumeReplacement project; and


NOTE: ITEMS LISTED ON THE AGENDA MAY BE INSPECTED AT THE OFFICE OF THECOUNTY CLERK, 200 SOUTH HIGH STREET, WAILUKU, HAWAII, PRIOR TO THEMEETING DATE. PHOTOCOPIES MAY BE ORDERED, SUBJECT TO CHARGESIMPOSED BY LAW (MAUI COUNTY CODE, SECTION 2.64.010). PLEASE CONTACT THEOFFICE OF THE COUNTY CLERK TO MAKE ARRANGEMENTS FOR INSPECTION ORPHOTOCOPYING OF DOCUMENTS.

INDIVIDUALS WHO INTEND TO ATTEND THE MEETING AND WHO HAVE DISABILITIESREQUIRING SPECIAL ASSISTANCE SHOULD CALL THE OFFICE OF THE COUNTYCLERK AT 270-7748, AT LEAST THREE DAYS IN ADVANCE.

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ORAL OR WRITTEN TESTIMONY - Maui County