The URL can be used to link to this page

Home My WebLink AboutCOM 0596.000 1996-1998 1 1 ~+~F~ Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City 8.4'~unty of Honolulu . r .~u C~J~.~ : ~ , ~ f ` November 20, 1997 To: James Arakaki, Chairman and Members of the Hawaii County Council From: AI Smith, Secretary-Treasurer Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting -November 14,.1997 The following highlights of the HSAC Executive Committee meeting of November 14, 1997 are hereby submitted. The Secretary's Minutes of the Executive Committee Meeting of September 26, 1997 were approved and placed on file (attached for information). The Treasurer's report for September 1997 was corrected for a typographical error, then approved and placed on file (attached for information). A report of the WIR Fall Board meeting was submitted by AI Smith and placed on file. A copy of this report is also on file with the Hawaii County Clerk. Under Unfinished Business, the Executive Committee reviewed a number of proposals which were submitted by the County of Maui for inclusion in the 1998 HSAC Legislative Package. The proposals are as follows: That funding be provided for the detection and prevention of alien pest species. (Position Statement attached) That the issue of privatization be addressed by the Legislature to clarify the counties ability to contract for certain services. (See also Honolulu City Council Resolution 97- 339 attached) That Chapter 281 HRS be revised to allow revenues from fees and fines to be used for education, prevention and treatment programs. That the laws, guidelines and procedures be revised to allow for the use of drug- forfeiture funds for education, prevention and treatment programs. (Copy of HRS §712A-16) iw.uu~ ~i4 flee. tot ~ 2 4 199~`~'-' .::...f' le®t. ~ James Arakaki, Chairman November 20, 1997 Page 2 That the Legislature provide real-time legislative updates via the World Wide Web. That the counties be given liability relief for injuries sustained by skateboarders or in- line skaters at county skateboard parks. (See also Honolulu City Council Resolution 97- 219 and Washington State Substitute Senate Bill 5254 attached) That the there be a dedicated mechanism for funding county GIS systems. That the current policies relating to hurricane evacuation, shelter space, and all aspects of disaster mitigation and preparedness be reviewed by the State of Hawaii. (See Florida League of Cities position sheet) • That a conveyance tax surcharge be authorized as a funding source for the funding of a community lands and open space acquisition fund for acquisition of lands for public parks, recreation, open space preservation or public shoreline access. (See proposal from Anthony Ranken dtd 11/3/97.) It is requested that the Hawaii County Council consider each of the aforelisted proposals for inclusion as par[ of the HSAC Legislative Package. (ACTION REQUESTED) Also under Unfinished Business, the Executive Committee discussed the HSAC Legislative Policy Statement. After considering recommended changes to the HSAC Legislative Policy Statement from the County of Maui, the Executive Committee gave tentative agreement to a more restrictive policy statement which limits the Executive Committee only to matters in the HSAC Legislative Package. Next on Unfinished Business, the Executive Committee referred to the counties, Honolulu City Council Resolution 97-314 which urges the President of the United States and the members of the U.S. Congress to establish a nationwide uniform alcohol and substance abuse testing policy. It is requested that the Hawaii County Council support the establishment of a nationwide uniform alcohol and substance abuse testing program. (Resolution 97-314 attached, ACTION REQUESTED) Finally, under Unfinished Business, having received support from each of the counties, HSAC will take an official position of urging the Hawaii State Government to comply with Section 209E-4 of the Hawaii Revised Statutes, which authorizes the counties to designate enterprise zones. Under announcements, the HSAC Mid-Year Conference will be held December 10-12 at the Turtle Bay Hilton Hotel on Oahu. The next HSAC Executive Committee will be at 9:30 a.m., Wednesday, December 10, 1997 at the Turtle Bay Hilton. The HSAC General Membership Meeting will follow at 10:30 a.m. There being no further business, the meeting was adjourned. Attachments i ? ~ Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City 8. County of Honolulu a~ HAWAH STATE ASSOCIATION OF COUNTIES (HSAC) ETIN ~~i~4+!~. EXECUTIVE COMMITTEE ME G September 26, 1997 Honolulu Hale Council Committee Meeting Room Honolulu, Hawaii L CALL TO ORDER The HSAC Executive Committee meeting was called to order by President Rene Mansho at 9:10 am. The following members present made up a quorum. City and County of President Rene Mansho Honolulu Staff Andrew Sekine County of Maui First Vice-President Dennis Nakamura Staff David Raatz County of Kauai Second Vice-President Ron Kouchi Staff Cyndi Ayonon County of Hawaii Secretary-Treasurer Al Smith Staff Gerald Monden StaffCharmaine Doran Staff Georgette Kamakaiwi Others Present: Rueben Chappins, Hawaii Winter Baseball Lane Fujii, Maui Stingrays Hawaii II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the August 22, 1997 meeting of the HSAC Executive Committee were approved as circulated. III. TREASURER'S REPORT The Treasurer's Report for the month of August 1997 was approved as circulated. IV. REPORTS A. Executive Committee Reports There were no Executive Committee Reports B. County Reports There were no County Reports C. NACo Reports Under NACo reports, there was a discussion whether the NACo dues increase provided fora 2.8% per year increase in perpetuity or if there would be a reevaluation after the next census in the year 2000. President Mansho will send a letter to the NACo President requesting confirmation and clarification on the boards policy. D. WIR Reports It was reported that Secretazy-Treasurer Al Smith will be attending the next WIR Board Meeting on October 8 - 11, 1997, in Santa Fe, New Mexico in place of HSAC President Rene Mansho. It was noted that each boazd member is allowed to attend three Board Meetings at HSAC's expense. If the WIR Board Member does not complete the three budgeted trips scheduled for this yeaz, HSAC should consider reimbursing Hawaii County for the Secretazy-Treasurer's trip to the fall board. V. UNFINISHED BUSINESS A. United States Air Rights Negotiations The purpose of this item is to act on HSAC's proposal to support Honolulu Council Resolution 97-126, CD1, urging the United States Department of Transportation to recognize Hawaii's geographic constraints during air rights negotiations. The counties of Hawaii, Kauai, and Oahu reported adoption and support of this matter. With action still pending with the County of Maui, this matter was deferred. . , B. County Authority to Designate Enterprise Zones The purpose of this item is to act on HSAC's proposal to support Honolulu Council Resolution 97-212, urging the Hawaii State Government to comply with Section 209E-4 of the Hawaii Revised Statutes, which authorizes the counties to designate enterprise zones. The counties of Hawaii, Kauai, and Oahu reported adoption and support of this matter. With action still pending with the County of Maui, this matter was deferred. C. Request for Special Session to Resolve Issues Relating to Privatization The purpose of this item is to act on HSAC's proposal to request the Governor and the State Legislature to convene a special session to resolve matters relating to privatization. See Honolulu Council Resolution 97-217. At the HSAC Executive Committee meeting of August 22, 1997, Maui County indicated that technically they did not pass or approve this resolution, but indicated that the Maui Council is on record with all nine members and the Mayor urging a special session. Hawaii and Kauai Counties both indicated approval and support of Honolulu Council Resolution 97-217. Honolulu Council, at this Executive Committee Meeting, reported that Honolulu Council Resolution 97-217 is still pending before it's Policy Committee. This matter was deferred pending further action. D. State Uniform Alcohol and Substance Abuse Testing Policy The purpose of this item is to act on a resolution urging the Governor and the four counties of the State to collectively establish a statewide uniform alcohol and substance abuse testing policy. See Honolulu Council Resolution 97-255. Kauai and Oahu Counties reported approval and support of this matter. With action pending in the other Counties. This matter was deferred to the next meeting. E. Proposed Interim Amendments Dividing Duties Of Secretary-Treasurer The purpose of this item is to act on the proposed interim bylaws and policy amendments to divide the duties of the HSAC Secretary-Treasurer. See the Communication from Al Smith, HSAC Secretary-Treasurer, to Rene Mansho, HSAC President, regazding the "proposed interim amendments to the HSAC bylaws and policies dividing the duties of the Secretary-Treasurer," dated August 5, 1997. Only Kauai reported approval of the interim amendments. With action pending in Hawaii, Maui, and Oahu, this matter was deferred to the next meeting. F. Conceptual Proposal For Avionic/Aerospace Micro Industries The purpose of this item is to discuss a conceptual proposal to locate avionic/aerospace micro industries in Hawaii. The proposal has been made by Mr. William Hachmeister to the Executive Committee at its meeting of August 22, 1997. This item has been deferred pending the receipt of additional information about the industry from Mr. Hachmeister. VI. NEW BUSINESS A. The Hawaii Winter Baseball League made a presentation about their professional baseball league program and requested that HSAC support legislation asking the state to construct a training facility and stadium. It was suggested, by the Executive Committee, that the league approach each individual County for support. B. HSAC Legislative Package The purpose of this item is to discuss proposals for the 1998 HSAC Legislative Package. See communication from President Mansho to Executive Committee members, dated August 26, 1997. Items that were suggested to be included in this package were Privatization, Tort Reform, Transient Accommodation Tax, and the Indernnification of the Counties when issuing building permits on Hawaiian Home Lands. HSAC has requested that each County Council submit proposals for the 1998 Legislative Package. C. HSAC Legislative Program The purpose of this item is to act on a draft of the 1998 HSAC Legislative Program Policy Statement. See communication from President Mansho to Executive members, dated August 26, 1997. Annually HSAC adopts a program policy statement as a guideline for its Legislative Program. This issue was referred to the counties for consideration. D Annual Audit The purpose of this item is to discuss the provision of accounting services for the annual audit, See communication from Al Smith, HSAC Secretary-Treasurer, dated September 9, 1997. r, The Treasurer solicits bids for an auditor by asking them to submit a bid. We are now with Coopers & Lybrand. It was suggested that the auditor be selected on an annual basis. VII. COMMUNICATIONS There were no other communications VIII. ANNOUNCEMENTS A. Conference in Kauai scheduled for March 21 - 22, 1998. Topic will be on EconomiclRevitalization. B. Japan-American Conference of Mayor's and Chamber of Commerce Presidents will be held on November 10 - 13, 1997 in Honolulu. C. HSAC State Conference tentatively scheduled for December 10 - 12, 1997 at the Waikiki Outrigger Reef Hotel. Topic will be on Economic Development and Diversified Agriculture. D. The next HSAC Executive Committee Meeting is scheduled for 9:00 am on November 14, 1997 at Honolulu Hale. IX. ADJOURNMENT There being no further business, the meeting of the Executive Committee was adjourned at 11:10 am. V/e/®ry Truly Yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties tl Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii. City 8. County of Honolulu October 6, 1997 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period September 1 toSeptember 30, 1997. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties Enclosure .~~5', . HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period : September 1 throughSeptember 30, 1997 FUND BALANCE AT BEGINNING DATE $23,425.47 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $0.00 $28,000.00 010 Conference Income $0.00 $0.00 $6,000.00 0301nterest Income $66.77 $231.61 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total +$66.77 $231.61 $35,300.00 TOTAL RECEIPTS THIS PERIOD $66.77 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202 Auditing Services $0.00 $0.00 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $0.00 $1,596.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $0.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 Advance for WIR Conference $0.00 $2,200.00 $0.00 TOTAL $0.00 $3,796.00 $44,292.00 TOTAL EXPENSES THIS PERIOD $0.00 FUND BALANCE AT END OF PERIOD $23,492.24 e I°~1~a Ha~~ Statc Association o~ Counties ~~s Counties of Kauai, Maui and Hawaii. City 8. County of Honolulu OcT 13 2 so Pi1'9T October 7, 1997 MEMO TO: President Rene Mansho and Members of the Hawaii State Association of Couaties (HSAC) Executive Committee FROM: Dennis Y. Nakamura, HSAC First Vice President SUBJECT: 1998 HSAC LEGISLATIVE PACKAGE May I request that you please consider the following proposals for possible inclusion in the 1998 HSAC Legislative Package: • Provide funding for the detection and prevention of alien pest species. At least $1 million is needed for new personnel and equipment in order for the Department of Agriculture to approach adequate levels of effectiveness in this field. (Proposed by Councilmember Alan M. Arakawa.) Clarify the counties' ability to contract for certain services. The privatization issue needs to be addressed by the Legislature in a manner that provides some certainty to county governments. (Proposed by Councilmember Charmaine Tavares.) Revise Chapter 281 ("Intoxicating Liquor"), Hawaii Revised Statutes, to allow revenues from fees and fines to be used for education, prevention, and treatment programs. Alcohol-related revenues should be used to advance long-term solutions to alcohol abuse. (Proposed by Councilmember Charmaine Tavares.) Revise laws, guidelines, and procedures to allow for the use of drug- forfeiture funds for education, prevention, and treatment programs. Narcotics-related revenues should be used to advance long-term solutions to drug abuse. (Proposed by Councilmember Charmaine Tavares.) Require that the Legislature provide real-time legislative updates via the a,.•.-,,` World Wide Web. The system could be similar to the one used by Congress • . President Rene Mansho and Members of the Hawaii State Association of Counties (HSAC) Executive Committee October 7, 1997 Page 2 and other state legislatures. (Proposed by Councilmember Dennis Y. Nakamura.) • Provide liability relief to counties for injuries sustained by skateboarders or in-line skaters at county skateboard parks. The State of Washington recently passed similar legislation, which was part of the Washington State Association of Counties legislative package. (Proposed by Councilmember Dennis Y. Nakamura.) Provide dedicated mechanism for funding county GIS systems. The State of Oregon supports GIS systems with a recording fee on all real- estate/development-related documents. (Proposed by Councilmember Dennis Y. Nakamura.) • Determine adequacy of current policies relating to hurricane evacuation, shelter space, and all aspects of disaster mitigation and preparedness. A similar proposal has been supported by the Florida League of Cities. (Proposed by Councilmember Dennis Y. Nakamura.) Thank you for your consideration. Should you have any questions, please contact me or my HSAC staff, David Raatz, at the Council Office (243-7663). ocs:hsac:971006a:dr e . G~ POSITION STATEMENT FUNDING FOR THE DETECTION AND PREVENTION OF ALIEN PEST SPECIES Recognizing that the Hawaiian Islands are among the most environmentally sensitive areas in the world, the federal, state and county governments have devoted serious time, attention, energy and funding to combat the proliferation of alien pest species in the State of Hawaii. The Maui County Council supports the continuation of these efforts by the Nineteenth Legislature by appropriating at least $1 million for new personnel and equipment. The economic impact of alien pest species in the State of Hawaii exceeds $400 million annually, yet the State spends only $25 million annually on prevention efforts. While budget concerns will certainly impact State funding of alien species detection and prevention programs, these costs pale in comparison to the price we would pay if our environment (and therefore industries that depend on environmental quality and integrity such as tourism and agriculture) is not preserved and protected. Alien pest species pose a major threat to Hawaii's unique and fragile ecosystems, thereby producing a negative economic impact on two of the State's major industries, tourism and agriculture. The State Department of Agriculture is charged with the task of inspecting domestic cargo, baggage and passengers arriving at all State airports and harbors to detect and intercept any incoming alien pest species. In 1994, despite the State Department of Agriculture's inspection of 13 million agricultural parcels and the interception of 131 alien insects and 183 illegal animals, 19 new insect species found their way into our environment. The Maui County Council urges the Legislature to provide adequate funding, for fiscal year 1997-1998, for the State Department of Agriculture to hire additional agriculture inspectors to be assigned to the inspection stations at our ports of entry. Additionally, technologically advanced inspection equipment, such as x-ray machines which detect organic materials, should be purchased and installed at the State Department of Agriculture's inspection stations at our ports of entry. chr:971egis:alien4: mnc ~l "'I`~ CITY COV,JCIL CITY AND COUNTY OF HONOLULU 9'7-339 HONOLULU, HAWAII NO. RESOLUTION REQUESTING THE GOVERNOR AND THE STATE LEGISLATURE TO GIVE PRIORITY ATTENTION TO ADDRESSING AND RESOLVING MATTERS RELATING TO PRIVATIZATION. WHEREAS, the counties of the State and other governmental agencies thereof have for many years provided public services through contracts with the private sector; and .WHEREAS, the recent Hawaii Supreme Court's opinion in the Konno v. County of Hawaii case, decided on February 28, 1997, has put the legality of some county contracts into question based on the Court's interpretation of State civil-service laws; and WHEREAS, the counties' system for contracting public services has been jeopardized by the Konno decision; and WHEREAS, the Konno decision has resulted in different interpretations by the counties and 'various governmental agencies, and has created confusion not only among county government agencies but also for private businesses, especially those that have contracts with the public sector; and WHEREAS, it appears that although most segments of the community believe privatization of government services can be appropriate in certain situations, previous understandings of those situations have been made uncertain; and WHEREAS, the Council finds it necessary to resolve questions surrounding the Konno decision and the provision of public services through contracts with private businesses; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that the Governor and the State Legislature are requested to give priority attention to addressing and resolving matters relating to privatization; and OC500918.R97 RESOLUTION HE IT FINALLY RESOL`lED that copies of this Resolution be transmitted to the Governor, the President of the State Senate, the Speaker of the State House of Representatives, and the President of the Hawaii State Association of Counties. INTRODUCED BY: Councilmembers DATE OF INTRODUCTION: NOY 0 6 1997 Honolulu, Hawaii (OCS/110597/ct) "z' ?3 CITY COUNCIL ADOPTED M EETIN HELD CITY AND COUNTY OF HONOLULU Reference: HONOLULU, HAWAII N A M Report No. I hereby certify that the foregoing RESOLUTION was adopted by the COUNCIL OF THE CITY AND COUNTY OF F N HONOLULU on the date and by the vote indicated to the H M right. IM Resolution No. ATTEST: MIN T NI ~"7- Y GENEVIEVE G. WONG JOHN DeS0T0 De OT City Gerk CHAIR QND GRESIDING OFFICER Dated Q~ CITY COIF"•ICIL I T , ~ CITY AND COUNTY OF nONOLULU y_ ~iA HONOLULU, HAWAII NO. J / J RESOLUTION ' , - ; URGING THE HAWAII STATE LEGISLATURE TO LIMIT THE COUNTIES' TORT LIABILITY ARISING FROM CERTAIN HAZARDOUS RECREATIONAL ACTIVITIES ON COUNTY-OWNED OR -CONTROLLED PROPERTIES. WHEREAS, California State statute immunizes the liability of public entities and employees for injuries to persons or property damages arising out of a hazardous recreational activity on public property; and WHEREAS, under California law, the definition of hazardous recreational activities includes motorized vehicle racing, mountain bicycling, hang gliding, archery, pistol or rifle shooting, surfing, waterskiing, windsurfing, rock climbing, and other similar activities; and WHEREAS, amendatory legislation is currently pending in the California State Assembly to add "skateboarding" under the statutory definition of hazardous recreational activity; and WHEREAS, the City and County of Honolulu's exposure to tort liability is governed by the Hawaii Revised Statutes (HRS Section 46-1.5(22)), which expressly authorizes the counties to sue or be sued and which provided the basis on which the Hawaii State Supreme Court upheld two negligence suits against the County of Hawaii; and WHEREAS, due to the popularity of certain recreational activities such as in-line skating, skateboarding, roller hockey, and bicycle motor cross (BMX), requests have been made to the City for the development of safe public recreational facilities dedicated to these activities; and WHEREAS, the City recognizes these activities as wholesome youth recreation and has been instrumental in the development of the YMCA Kapahulu Skatepark, a joint venture skateboarding and in-line skating facility supported by the YMCA of Honolulu and Hawaii Skatepark Association; and WHEREAS, the delay in the development of recreational facilities on public property to accommodate certain activities is due, in part, to the City's exposure to liability which can be resolved by the enactment of a State law limiting the City's tort liability; now, therefore, OCS00595.R97 ' t RESOLUTION _ BE IT RESOLVED by the Council of the City and County of Honolulu that it urge the Hawaii State Legislature to limit the tort liability of the counties arising from certain hazardous recreational activities on County-owned or -controlled properties; and BE IT FINALLY RESOLVED that the Clerk is directed to transmit certified copies of this Resolution to the President of the Senate and the Speaker of the House of Representatives of the Hawaii State Legislature. INTR UCED BY: .~'~~,e.,,,Q-e- G~3,~~ DATE OF INTRODUCTION: J U L 0 8 1997 Honolulu, Hawaii Councilmembers (OCS/070397/mg) -2- CITY COUNCIL ADOPTED MEETING HELD CITY AND COUNTY OF HONOLULU Reference: HONOLULU, HAWAII AYE N A E BAIN M Report No. I hereby certify that the foregoing RESOLUTION was FE IX adopted by the COUNCIL OF THE CITY AND COUNTY OF HONOLULU on the date and by the vote indicated to the HANNEMANN right. H LMES KIM Resolution No. ATTEST: MAN HO MIRIKITANI (Jt7_ ~i~ Y HIMURA GENEVIEVE G. WONG JOHN DeSOTO DeSOTO City Clerk CHAIR AND PRESIDING OFFICER Dated http:/Aeginfo.leg.wa....5274/5254-s_fbr_050897 http://leginfo.leg.wa....5274/5254-s_fbr_050897 i i FINAL BILL REPORT SSB 5254 C26L97 Synopsis as Enacted Brief Description: Limiting liability of owners or possessors for injuries to recreational users. Sponsors: Senate Committee on Natural Resources & Parks (originally sponsored by Senators Long, Roach, Haugen, Jacobsen, Fraser, Zarelli, Strannigan, Deccio, Thibaudeau, Wood, Fairley, Goings and Winsley). Senate Committee on Natural Resources & Parks House Committee on Law & Justice Background: In common law, a landowner's duty of care to persons entering his or her land is governed by the status of those entering, i.e., trespassers, licensees, or invitees. Generally, a landowner owes trespassers and licensees the duty to refrain from willfully or wantonly injuring them, whereas to invitees the landowner owes an affirmative duty to use ordinary care to keep the premises in a reasonably safe condition. The recreational land statute was enacted in 1967 to encourage the owners of agricultural or forest lands to open land for gratuitous recreational use by limiting landowner liability. The limitation of liability is not without exceptions: (1) when the recreational user is charged a fee; (2) when the user is injured by intentional acts; or (3) when the user sustains injuries caused by a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. "Artificial" means not naturally occurring, caused by man. "Latent" means not apparent to the general class of users. The condition itself must lie latent, not just the danger. "Known" means actual knowledge of the danger itself and the fact that the danger is latent (differing from common law in which constructive knowledge is recognized). Summary: Public or private landowners who allow members of the public to use their lands for purposes of skateboarding or other nonmotorized wheel based activities, hang gliding, or paragliding are not liable for unintentional injuries to users. Votes on Final Passage: Senate 48 0 House 95 0 Effective: July 27, 1997 1 of 1 11/11/97 13:42:14 h~tp://leginfo.leg.wa....-5274/5254-s_sl_042997 http:/Aeginfo.leg.wa....-5274/5254-s sl 042997 CERTIFICATION OF ENROLLMENT SUBSTITUTE SENATE BILL 5254 Chapter 26, Laws of 1997 55th Legislature 1997 Regular Session LIMITING LIABILITY OF LANDOWNERS FOR INJURIES TO RECREATIONAL USERS EFFECTIVE DATE: 7127/97 Passed by the Senate March 12, 1997 YEAS 48 NAYS 0 BRAD OWEN President of the Senate Passed by the House April 8, 1997 YEAS 95 NAYS 0 CERTIFICATE I, Mike O'Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5254 as passed by the Senate and the House of Representatives on the dates hereon set forth. CLYDE BALLARD Speaker of the House of Representatives MIKE O'CONNELL Secretary Approved April 15, 1997 FILED April 15, 1997 - 5:44 p.m. GARYLOCKE Governor of the State of Washington Secretary of State State of Washington SUBSTITUTE SENATE BILL 5254 Passed Legislature - 1997 Regular Session State of Washington 55th Legislature 1997 Regular Session ey Senate Committee on Natural Resources & Parks (originally sponsored by Senators Long, Roach, Haugen, Jacobsen, Fraser, Zarelli, Strannigan, Deccio, Thibaudeau, Wood, Fairley, Goings and Winsley) Read first time 03/03/97. 1 oft 11/11/9713:39:08 http:/fleginfo.leg.wa....-5274/5254-s_sl_042997 http://leginfo.leg.wa....-5274/5254-s sl 042997 , AN ACT Relating to the limitation of liability of owners or others in possession of land and water areas for injuries to recreational users; and amending RCW 4.24.210. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 4.24.210 and 1992 c 52 s 1 are each amended to read as follows: (1) Except as otherwise provided in subsection (3) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users. (2) Except as otherwise provided in subsection (3) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offeror allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users. (3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land. Nothing in this section shall prevent the liability of such a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. Nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way-the doctrine of attractive nuisance. Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession. (4) For purposes of this section, a license or permit issued for state-wide use under authority of chapter 43.51 RCW, Title 75, or Title 77 RCW is not a fee. Passed the Senate March 12, 1997. Passed the House April 8, 1997. Approved by the Governor April 15, 1997. Filed in Office of Secretary of State April 15, 1997. 2 of 2 11/11/97 13:39:09 I~ttp:/ ~eginfo.leg.wa....0-5274/5254_sbr_0411 Q7 http://Ieginfo.leg.wa....0-5274/5254_sbr_04119~ SENATE BILL REPORT SB 5254 As Reported By Senate Committee On: Natural Resources & Parks, February 28, 1997 Tkle: An act relating to the limitation of liability of owners or others in possession of land and water areas for injuries to recreational users. Brief Description: Limiting liability of owners or possessors for injuries to recreational users. Sponsors: Senators Long, Roach, Haugen, Jacobsen, Fraser, Zarelli, Strannigan, Deccio, Thibaudeau, Wood, Fairley, Goings and Winsley. Brief History: Committee Activity: Natural Resources & Parks: 2/27/97, 2/28/97 [DPS]. SENATE COMMITTEE ON NATURAL RESOURCES & PARKS Majority Report: That Substitute Senate Bill No. 5254 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair, Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker. Staff: Aldo Melchiori (786-7439) Background: In common law, a landowners duty of care to persons entering his or her land is governed by the status of those entering, i.e., trespassers, licensees, or invitees. Generally, a landowner owes trespassers and licensees the duty to refrain from willfully or wantonly injuring them, whereas to invitees the landowner owes an affirmative duty to use ordinary care to keep the premises in a reasonably safe condition. The recreational land statute was enacted in 1967 to encourage the owners of agricultural or forest lands to open land for gratuitous recreational use by limiting landowner liability. The limitation of liability is not without exceptions: (1) when the recreational user is charged a fee; (2) when the user is injured by intentional acts; or (3) when the user sustains injuries caused by a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. "Artificial" means not naturally occurring, caused by man. "Latent" means not apparent to the general class of users. The condition itself must be latent, not just the danger. "Known" means actual knowledge of the danger itself and the fact that the danger is latent (differing from common law in which constructive knowledge is recognized). Summary of Substitute Bill: Public or private landowners who allow members of the public to use their lands for purposes of skateboarding or other nonmotorized wheel based activities, hang gliding, or paragliding are not liable for unintentional injuries to users. Substitute Bill Compared to Original Bill: Hang gliding and paragliding are added to the list of activities. Appropriation: None. Fiscal Note: Not requested. 1 of 2 11 /11 /97 13:31:31 http://Ieginfo.leg.wa....0-5274/5254_sbr_041197 http://Ieginfo.leg.wa....0-5274/5254_sbr_041197 r Effective Date: Ninety days after adjournment of session in which bill is passed. Testimony For: This has the support of the citizens and costs the state nothing. Skateboarders are athletes, not rebels, and should be treated accordingly by passing this legislation. Many cities are waiting for such legislation before building skateboard parks. Testimony Against: None. Testified: PRO: Senator Long, prime sponsor; Doug Levy, city of Everett; Mayor Judy Clibborn, Mercer Island; Curt Marsh, city of Everett; Arvilla Ohlde, city of Edmonds; Kathy Gerke, Association of Washington Cities. 2 of 2 11/11/97 13:31:31 DISASTER MITIGATION PLANNING RESOURCES AND TRAINING Position: The Florida League of Cities supports legislation that ensures that the state directly provides disaster preparedness and hazard-mitigation planning resources, training, and fiscal capacity to municipalities so they can respond to natural and human-made disasters and emergencies that threaten their communities. Key Points: 1. Disaster preparedness and hazard-mitigation planning are critical to local governments in order to reduce the costly process of rebuilding after natural disasters. Florida's high growth throughout the last three decades cautions government to realize that the costs of rebuilding after a disaster can exceed our ability to pay for it. 2. Approximately 80 percent of Florida's population lives in its coastal communities. Disasters such as Hurricane Andrew forced 180,000 people into temporary housing, and resulted in roughly 16,000 homeowners borrowing more than $250 million for recovery. 3. Through focused disaster preparedness and hazard-mitigation planning, Florida's municipalities can utilize emergency management federal, state and local matching funds to build back a better community. In past years, while much of the cost for disaster recovery was borne by the insurance industry; federal, state and local redevelopment expenditures have been dramatic. The federal government has begun to take a more limited approach to funding recovery and redevelopment activities. 4. Given the increasingly limited post-disaster resources, a critical first step in addressing this reality is to pre-identify mitigation projects and establish sound recovery and redevelopment policies to best position Florida's communities to access both state and federal funding immediately and not months later. By pre-planning and pre-identifying local govemment pre and post-disaster policies and infrastructure needs, this will significantly reduce the complex decision-making that is difficult to undertake during the chaos following a disaster. 11/06/97 THII 13:52 F.~LI" 8. 243 7686 3fAL'I COL'\TI' COL: ~ °OC' ba. Facsimile Cover Sheet County Council County of Maui 200 S. High Street Wailuku, Maui, Hawaii 96793 To: Andrew K. Sekine Company: Honolulu OCS Phone: 527-6844 Fax: 527-5581 From: David Raatz Company: Maui OCS Phone: 243-7663 Fax: 243-7686 Date: 11 /06/97 Pages including this cover page: Hard copy to follow ? Yes ~No Comments: On behalf of Councilmember Sol P. Kaho'ohalahala, Councilmember Nakamura would like the following matter to be considered for inclusion in the . ~ HSAC legislative package. 5 r~ If box is checked, please confirm receipt of this facsimile. If this transmission has been directed to the wrong office or if part of this facsimile is missing or not clearly received, please call sender. OCS 6/17/93 fax ~9 11/06/97 THU 13:54 FAX 808 243 7686 MAUI COUNTY COUNCIL ~0~ PROPOSED ENABLING LEGISLATION FOR TAXING AUTHORITY TO ~~TABLISH MAUI COUNTY COMMUNITY LANDS AND OPEN SPACE ACQUISITION FUND Anew section shall be added to Chapter 247 of the Hawaii Revised Statutes, providing as follows: Section 247- ' (a) Each county may establish by ordinance, at any time, a conveyance tax .surcharge not to exceed two percent. Any conveyance tax surcharge established by a county shall take effect on the dates specified by the county ordinance, provided that lO the effective date may not be less than three months after the date of adoption of the county ordinance establishing the surcharge. No ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance. Notice of the public hearing shall be published in a newspaper of general circulation within the county at least twice within a period of thirty days immediately preceding the date of the hearing. (b) Each county shall notify the director of taxation within ten days after the county has adopted a conveyance tax surcharge ordinance, and the director of taxatio-~ shall levy, assess, collection, and otherwise administer the conveyance tax surcharge. The director of taxation shall return to each county the entire proceeds of the conveyance tax surcharge resulting from taxes levied in that county. (c) The conveyance tax surcharges received from the State by each county'sh~ I be used for the sole purpose for funding a community lands and open space acquisiticn fund. Said fund, and the means of administering it, shall be established by the count) in the enabling ordinance. All revenues in the fund shad be spent only for the purpose of acquiring a fee simple or any other interest in lands, which shall be used for public parks, public recreation, open space preservation, or public shoreline access. r.'~ C`~WTCO+vY ~eoWM OCM9D C l1. ub, u, uu i... uw .,o eou~-ao Law O{-~ices o~ .Antony L. Ranlzen Anthony L. Ranken 222 N. Church Street Amber L.M. Alexander Kevin M, Ranken Wailuku, Maui, Hawaii 46793 Legal Pss~siant Attorneys (808) 244-701 I ~ Fax: (808) 244.7022 , . DATE: November 3, 1997 TO: Wayne Nishiki, Chairperson Committee of the Whole Maui County Council FROM: Anthony L Ranken Board Member, Maui Tomorrow RE: Community Lands and Open Space Acquisition Fund or land Bank Legislation for inclusion in Maui County's proposals to State Legislature Recognizing the need for funding of park acquisitions, and the desirability of creating a separate funding source outside of the regular County budget, Maui Tomon-ow proposes the attached legislation for your consideration as part of the County's proposals to the Stagy legislature. The attached bill would empower the counties to levy a small tax on every transfer of real estate within Maui County. This tax would be used to fund the Maui County Open Space and Community Lands Acquisition Program, as provided for in the General Plan. We refer to this idea as a "Land Bank". A Land Bank is a permanent fund that is available when the need arises for the County to acquire important lands for open space, recreational, park, cr ' shoreline access purposes. The attached legislation would give the counties the ability to levy a surcharge on the Stat conveyance tax, and the revenues resulting from that surcharge would be returned in full b the county where the real estate transactions took place. This method of funding the Lanc Bank is especially appropriate because real estate speculation tends to drive up the price ai land and make it more difficult for the County to purchase park land, The real estate transfer tax would appropriately tap into those transactions and provide the County with funds to help pay the high cost of acquiring park land. In addition to the proposed bill, I am enGosing other materials relevant to a proposed Lars Bank, including explanations of how the concept has been successful applied in other communities. The details of Maui County's own community lands and open space acquisition program would be established by a County ordinance, to be enacted followinc passage of the attached State enabling legislation. Thank you for considering our proposal, and for your concern over the need to preserve open space and recreational resources on Maui. ~ PROPOSAL• A LAND BANK FOR MAUI COUNTY "Land banking" is the practice of acquiring land by reason of opportunity, crisis, or prudent planning, and then holding the land for either a specific or unforeseen use, the use being in the public interest. In the case of Maui County, it is contemplated that our land bank would be used to preserve land for parks, shoreline access, and open space. The need for a land bank is based on three facts: (1) There are continuing proposals for commercial and resort development of Maui's limited shoreline; (2) The population of Maui County is increasing. In order to preserve Maui's environment, quality of I"rfe, and attractiveness as a visitor destination, we need to set aside parks and open space, especially along the shoreline, for permanent public recreational use; (3) The County has difficulty in funding the acquisition of such lands. ~ The Maui County General Plan states that "the County will explore ways to develop a Maui County Open Space Program which will preserve important scenic, cultural, recreational, ernironmental, and open space resources." (1990 Update, Section I.B.1.e.) Aland bank would be a very effective tool in achieving these goals. We envision the land bank being funded through a real estate transfer tax, i.e., a surcharge on the currently existing state conveyance tax. This funding mechanism, falling outside of the normal process of budget appropriations, will provide a way to regularly set aside funds for future land acquisitions, in both good and bad economic times. Then the money will be there when the opportunity arises to make a crucial acquisition. Aland bank also enables a community to accumulate money for acquisition of parks, open space, shoreline access, and other precious land resources without the budgeted money lapsing from general funds each year. Application of the concept to other areas is promising. Successful land banks are in place on the island of Martha's Vineyard, Little Compton and Block Island in Rhode Island, and Nantucket Island in Massachusetts. All of these areas share a common feature with Maui: speculative and seasonal orvisitor-oriented development threatens the scenic, environmental and recreational resources that make them so ry attractive. Their land banks are funded with a 2°h real estate transfer tax, also called ' 2% registration fee on certain transfers of real estate. The fund also draws upon appropriations voted by the towns of each island at the town meeting, and gifts made tc the fund. The residents of these islands are strongly in favor of this measure. 'Nantucket's program evolved during the early 1980s when a booming real estate market threatened to drive the price of conservation land beyond affordability. By 1982, only 1.5 of 80 miles of shoreline were public. In 1984, residents voted to approve the land bank, 446-1. Developers, mortgage brokers, year-round and part-time residents all recognized that preserving undeveloped land is of vital importance to everyone. "If we didn't move fast and aggressively, everything that made Nantucket special and valuable °nw.rra.~y~we."onw~ 1 ~ ~ q We have discussed this idea with several members of the Maui County Council, who have expressed interest and a willingness to pursue the-idea further. The next step is to get the Hawaii State Legislature to change state law so that the individual counties have the power to levy a real estate transfer tax. The County's taxing power does not currently include that.2 The simplest way to do this would be to attach a surcharge to the State's administration of the real estate conveyance tax. The State would collect the surcharge and would pass on the proceeds to the County. The curent State conveyance tax is only one two-thousandth of the land value. The counties could safely impose an additional tax upon many types of real estate transfers without unduly burdening buyers and sellers, and without a negative impact on the economy. (In fact, it can be argued that open space preservation enhances the value of surrounding real estate, and it certainly helps protect the primary resource at the foundation of our most vital economic sector. Visitors come to Maui for our beautiful beaches and other natural areas, and they only will continue coming as long as '~~'~-y-,- these features remain.) Nantucket applies a 2°k tax -just two cents on a dollar. To adapt to dips in the real estate market and their affects on the land bank income stream, a viable, well-administered program can issue bonds, thus maintaining its ability to buy critical parcels as they become available. In 1994, an opportunity arose to acquire or lose 2.3 acres of open space at Makena. Though targeted for development by the landowner, this key parcel could be purchased for $2.53 million. The public came to the negotiating table with $1 million from the federal government and $1.3 million in county funds - half a million short. For months the deal was in jeopardy as neither the county nor the state found it in their. wilt 1 would be gone," said Nantucket's land bank creator, Bill Kline. To maintain amarket-responsive program, the Nantucket land bank derives funds from a real estate transfer tax. At closing, buyers write two checks -one to the mortgage company, the other to the land bank. In 12 years, Nantucket has conserved more than 1,000 acres of ecologically sensitive areas valued at more than $35 million. Martha's Vineyard has acquired 33 properties in ten years. Z Nantucket and Martha's Vineyard received conveyance taxation authority by an act of the Massachusetts legislature. The same would be necessary for Hawai'i's counties to employ a conveyance tax funding mechanism for land banking, because the State manages real estate conveyances. Fortunately, Article VIII, Section 3 of the Hawaii Constitution permits-the State to delegate specific powers of taxation to the counties. Furthermore, the State has already entrusted the counties with taxation powers in the area of real property. o ~war~co-nry kv.ree 0~9 0 2 ti, or means to make up the difference. Just before the federal funds' lapse date, the landowner agreed to waive the half million and make the deal with what the public had in hand. It was a difficult acquisition that had taken many years to consummate. There are, sadly, too many situations like this county-wide. In Kihei, we have been working for a few years to add a vital 1.9 acre parcel at Kamaole Point to the string of pearls known as the Kamaole park system. However, this small yet crucial portion of shoreline has an assessed value of more than $5 million. Further south, 6.2 acres at i Palauea Beach are at risk of being taken from the realm of public enjoyment. Residents of west Maui are seeking the means to acquire dozens of acres at North Beach, which they have enjoyed unrestricted access to for generations. This acquisition would cost several tens of millions. During the decade 1980 -1990, Maui's population grew by more than 60°~. In south Maui alone, the growth rate was greater than 200°~. This rate has not dramatically abated. Among the results are urban population densities, increasing competition for open space for recreational and subsistence pursuits, and the loss of shoreline access due to sprawling resort and residential development. Indeed, despite the right to ocean access guaranteed by our State Constitution, in many resort areas, from Wailea to Hana, hotel activities and materials spread along the beaches, discouraging and constraining families just trying to have a day at the beach. Unless the county, by any means, institutes a land bank, such interminably tedious situations will be endless in occur-ence, until every piece of shoreline is gobbled by development and•the public is left starving for open space. To establish a land bank would require two pieces of legislation. The first is a bill on the state level granting the counties authority to institute a conveyance tax surcharge. It is that bill which we are now urging you to submit as part of your package to the state legislature. Passage of that bill will not obligate the County to create a land bank, but will enable it to do so once the state legislation is passed. The second piece of legislation, to be drafted and considered in 1998, is the county ordinance creating the county land bank and establishing the conveyance tax surcharge. Thus we ask that you now take the first step to establish a land bank. Aland bank is clearly an effective open space preservation tool, which has been successfully applied in other island communities, and which has garnered much grass-roots support The establishment of a land bank is probably the biggest single step that Maui could take to preserve open space and special natural areas. There is simply not enough funding available for the needed acquisitions, and a separate funding mechanism mud be created in order for an effective Community Lands and Open Space Acquisition Program to take effect. If the Hawaii State Legislature wants to ensure that the Hawaiian Islands. continue to be an accessible recreational resource to the residents and visitor industry, it must act now before it's too late. Preservation is simply good business. o.~ovnttnny epnn.e paw.o ° ti~ CITY COUNCIL I I CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII No. 9`7-314 RESOLUTION URGING THE PRESIDENT OF THE UNITED STATES AND THE MEMBERS OF THE UNITED STATES CONGRESS TO ESTABLISH A NATIONWIDE, UNIFORM ALCOHOL AND SUBSTANCE ABUSE TESTING POLICX FOR PUBLIC EMPLOYEES IN SAFETY-SENSITIVE POSITIONS. WHEREAS, Title 49, Part 382, Code of Federal Regulations, hereinafter referred to as "Part 382," requires all commercial driver's licensed (CDL) drivers to be subject to testing for certain controlled substances ("drugs") and for alcohol use and that those CDL drivers who have failed alcohol and/or drug tests to obtain treatment recommended by substance abuse professionals; and WHEREAS, Part 382 places the primary responsibility of obtaining compliance with these testing requirements on the employers of these drivers, including the U.S. government; and WHEREAS, currently, the procedures for determining and/or imposing disciplinary action on public employees employed by U.S. government may be subject to collective bargaining or other procedures; and WHEREAS, in City government, public employees in safety- sensitive positions include fire fighters, police officers, CDL drivers, and others, and most of these safety-sensitive employees may be subject to alcohol and drug testing pursuant to federal regulations of Part 382 or the Collective Bargaining Agreements/Memoranda of Agreements (collectively, "Agreements") between the City and the applicable labor unions; and WHEREAS, each Agreement authorizes different bases for testing (e.9., reasonable suspicion, random, back-to-work and/or post-accident testing) and different levels of testing (e.g., 25 percent, 50 percent, or 100 percent of employees to be tested annually); and WHEREAS, because Part 382 only requires CDL drivers to undergo alcohol and drug testing, there may be non-CDL public employees who drive public vehicles and are not subject to such testing; and WHEREAS, the Council believes that public safety should be recognized as a top priority on matters relating to alcohol and drug testing of applicable safety-sensitive employees; and OCS00813.R97 ,C'QS 97-3~=F '•~ �_� • CITY COUNCIL it ;• CITY AND COUNTY OF HONOLULU No. 9'7- 31.E HONOLULU, HAWAII6;41\ RESOLUTION WHEREAS, to best ensure the safe delivery of public services and reduce government exposure to liability suits, the U.S . government should strive to provide a nationwide, uniform alcohol and drug testing policy for all federal, state, and local public employees in safety-sensitive positions; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that the President of the United States of America and the members of the United States Congress are urged to establish a nationwide, uniform alcohol and substance abuse testing policy for federal, state, and local public employees in safety- sensitive positions; and -2- RESOLUTION R:~. V `y BE IT FINALLY RESOLVED that the Clerk be directed to transmit copies of this Resolution to the President of the United States, the Majority Leader of the U.S. Senate, and the Speaker of the U.S. House of Representatives, and the members of Hawaii's Congressional Delegation. INTRODUCED BY: . Er t I < _c Councilmembers DATE OF INTRODUCTION: O C T 0 9 19:.'7 Honolulu, Hawaii (OCS/093097/Rg) _3 CITY COUNCIL ADOPTED MEETING HELD CITY AND COUNTY OF HONOLULU Reference: HONOLULU, HAWAII Y N A BAI M Report No. I hereby certify that the foregoing RESOLUTION was adopted by the COUNCIL OF THE CITY AND COUNTY OF F IX HONOLULU on the date and by the vote indicated to the HAN(N M NN right. M Resolution No. ATTEST: M N H MI IHiM ' 97-314 GENEVIEVE G. WONG JOHN DeS0T0 DeSOT City Clerk CHAIR AND PRESIDING OFFICER Dated a ; NV V OF O.J. ~k..j4 AARON S.Y. CHUNG y6~~., Phone: (808) 961-8396 Cmmcilniem6n FAX: (808) 969-329] • '~-~~yS ~ , :i L a L ~ ~ i COUNTY COUNCIL ` County of Hawaii ^ ~i Hawaii County Baiilding C~%~~~ ~ ' ~ 25 Aupuni Sfreet Hila, Hawaii 96720 November 20, 1997 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: ATTACHED COMMUNICATION Persuant to Section 1(e) of rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written approval is submitted in regards to Communication No. 59F, regarding the Hawaii State Association of Counties (HSAC) Executive Committee Meeting of November 14, 1997, waiving said referral from the Committee on Finance in order that appropriate action can be taken by the Council. In reviewing the contents of the referral, it is deemed advisable that such waiver be granted. I, John ay, Vice `hair Commi tee on Finance Approved: ame Y. Arakaki, Chair Haw i'i County Council :jet