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HomeMy WebLinkAboutCOM 0852.000 1996-1998 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu r6ly 1998 To: James Arakaki, Chairman and Members of the Hawaii County/ Council From: Al Smith, Secretary-Treasurer (,l( Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting - May 8, 1998 The following highlights of the HSAC Executive Committee meeting of May 8, 1998 are hereby submitted. The Secretary's Minutes of the Executive Committee Meeting March 13, 1998 were approved and placed on file (Attached for information). The Treasurer reports for February 1998 and March 1998 were approved and placed on file (Attached for information). Under NACo Reports, a 1998 Legislative Conference Report from NACo Board Member Ron Kouchi was approved and placed on file (Attached for information). Under Unfinished Business, a Slate of HSAC Officers for Fiscal Year 1998-1999 was formulated. The following slate is submitted to the Hawaii County Council for its approval (Action Requested): President Rene Mansho Vice President Al Smith Secretary Dennis Nakamura Treasurer Ronald Kouchi Next under Unfinished Business, the Executive Committee approved the HSAC and NACo Statement of Values. Also under Unfinished Business, the following matters were once again deferred action on the 1998-1999 HSAC Annual Budget and on its endorsement of a National Policy on Alcohol and Substance Abuse Testing Program pending consideration by one or more of the other counties. Under New Business, the Executive Committee referred three items relating to Federal Legislation before Congress for action. These items, relating to the Intermodal Surface Transportation Efficiency Act (ISTEA), to Federal ,f Preemption of Local Zoning Authority, and to the Internet Tax Freedom Act are ,I { being submitted under separate cover sheets.6 7. t.. 2Ra.__C, James Arakaki, Chairman May 12, 1998 Page 2 The next HSAC Executive Committee Meeting is scheduled for JUNE 9, 1998. There being no further business, the meeting was adjourned. Attachments Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii. City & County of Honolulu HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING March 13, 1998 y. Honolulu Council Committee Meeting Room City Hall Honolulu, Hawaii Z. CALL TO ORDER The HSAC Executive Committee was called to order by President Rene Mansho at 9:06 a.m. The following members present made up a quorum: city and County of President Rene Mansho Honolulu Staff Andrew Sekine Staff Ann Thornock 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 Other Attendees: Mr. Gig Greenwood Ii. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the January 21, 1998 meeting of the HSAC Executive Committee were approved. III. TREASURER'S REPORTS The Treasurer Report for the month of January 1998 was approved. IV. REPORTS A. Executive Committee Report The following Executive Committee Reports were placed on filer 1. From Al Smith, HSAC Secretary Treasurer to President Mansho dated January 21, 1998, regarding the approval of the 1998 HSAC Legislative Policy Statement. 2. From Al Smith, HSAC Secretary Treasurer to President Mansho dated January 21, 1998, regarding the approval of an HSAC relating to the United States Air Rights Negotiations. 3. From Al Smith, HSAC Secretary Treasurer to President Mansho dated January 21, 1998, regarding the approval of items for inclusion in the 1998 HSAC Legislative Package. 4. From Al Smith, HSAC Secretary Treasurer to President Mansho dated January 21, 1998, regarding the approval of an HSAC relating to a Statewide Uniform Alcohol and Substance Abuse ~'•'Q Testing Policy. ...rn~ B. County Report The following Executive Committee Reports were placed on file: 1. From James Y. Arakaki, Hawaii Council Chairman, to President Mansho, dated December 8, 1997, regarding the approval of items for the 1998 HSAC Legislative Package and supporting an HSAC position on the establishment of a nationwide uniform alcohol and substance abuse testing program. 2. From Ronald Kouchi, Chair, Public Safety & Services/Intergovernmental Relations Committee, Kauai Council, to President Mansho, dated December 18, 1997, regarding the approval of items for inclusion in the 1998 HSAC Legislative Package. 3. From Donald Ikeda, Hawaii County Clerk, to President Mansho, dated December 10, 1997, regarding the adoption of Resolution No. 188-97, regarding NACO's Joint Center for Sustainable Communities. 4. From C. Bunji Shimomura, Kauai County Clerk, to President Mansho, dated January 30, 1998, regarding the adoption of Resolution No. 9-98, relating to the HSAC and NACo Statement of Values. 5. From James Y. Arakaki, Chairman, Hawaii County Council, to President Mansho, dated February 9, 1998, regarding the approval of a legislative proposal authorizing the counties to establish a general excise tax of one-half percent and the 1998 Legislative Policy Statement and the filing of resolutions relating to global warming and ozone and particulate matter standards. 6. From James Y. Arakaki, Chairman, Hawaii County Council, to President Mansho, dated February 17, 1998, regarding opposition to a legislative proposal authorizing the counties to establish a general excise tax of one-half percent and the approval of the amended version of the 1998 HSAC Policy Statement. C. NACo Report Second Vice President Kouchi reported that NACo is in the black for the first time in years. Further, that Carol Roberts, from Florida, and Xavier Gonzales, from New Mexico, have both announced their candidacy for NACo 2nd Vice President. D. WIR Report The next WIR Conference will be in Juneau, Alaska. V. UNFINHED BUSINESS A. HSAC Legislative Package The Executive Committee reviewed a status report of the 1998 HSAC Legislative Package dated February 11, 1998. All measures being monitored did not make crossover. The status report was filed. 2 B. County Taxes Upon finding Hawaii County in opposition, the Executive Committee filed a legislative proposal authorizing counties to establish a general excise tax of one-half per cent. C. National Policy on Alcohol and Substance Abuse Testing Program A resolution urging 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 was deferred pending action by Kauai and Maui D. HSAC and NACO Statement of values Pending action by Maui County, the proposed HSAC and NACo Statement of Values were deferred until the next meeting. E. HSAC End-of-Year Conference (Maui County) The Executive committee was advised that the HSAC Year-End Conference is being planned for June 9-10, 1998, on the island of Lanai. The conference theme is tentatively listed as 'The Tides Of Change: Reform And Innovation In County Government". Proposed panels are: • The Media Tools of a New Generation: Bridging the gap Between People and their Government" • Community Planning and Consensus Building: Smart Development • Community Planning and Consensus Building: Airport Expansion • County Government Structure and Elections: Nonpartisan Elections, Term Limits, Districting Voting, Campaign-Finance Reform, and Neighborhoods Boards. Should any Council Member wish to participate as a panelist, contact David Raatz at the Maui County Council. VI. NEW BUSINESS A. HSAC Annual Budget The proposed annual budget, as recommended by HSAC Secretary- Treasurer Al Smith, was referred to the county councils for review by the membership. B. Preparation of the Slate of HSAC Officers for Fiscal Year 1998- 1999 The Counties were reminded that the Councils need to appoint one of its members to serve as an officer of HSAC. It is requested that an alternate be also appointed. This matter was referred to the Counties for action. C. Proposed HSAC Executive Committee Meeting Dates for 1998 The Executive Committee set May Bch and June 9`h as tentative meeting dates. In light of upcoming elections, dates for the remainder of the year will be considered at a later date. 3 D. Support for Early Endorsement of Xavier Gonzales, Candidate for NACo 2nd Vice President The Executive Committee recommended that Hawaii commit to an early endorsement of Xavier Gonzales, Candidate for NACO 2nd Vice President. members of HSAC who have attended the NACo and WIR Conferences have all had the opportunity to meet both candidates. Members of the Executive Committee have found Xavier to be a better candidate. Further, in keeping with traditional practices, Hawaii has always committed its first round votes to the candidate from a WIR state. E. Request for a $1,000 advance for the 1998 Year-End Conference. The Executive Committee approved a request for a $1,000 advance to Maui County for seed money for the 1998 Year-End Conference. Treasurer Smith requested that a hard copy of this request be sent to him for purposes of financial documentation. F. New Millennium Project. Mr. Gig Greenwood, briefed the Executive Committee on his Millennium project. Celebrations welcoming in the New Millennium are being planned beginning at 2:00 A. M., December 31,1999 and continue for 22 hours until midnight, December 31, 1999. The Executive Committee requested to be kept abreast of this project and will be bringing this project to the attention of NACo. VIZ. COMMUNICATIONS The following communications were placed on file: 1. From Dennis Nakamura, HSAC First Vice President, to President Mansho, dated January 2, 1998, regarding Alcohol- and Substance-Abuse Testing Policy for County Elected Officials. 2. From Councilmember Rene Mansho to HSAC Executive Committee, dated March 13, 1998, regarding the financial report for the 1997 Mid-Year HSAC Conference. The total was corrected to read $5,382.71. VIII. ANNOUNCEMENTS The next HSAC Executive Committee will be on May 8, 1998 in Honolulu. IX. ADJOURNMENT There being no further business, the meeting of the Executive committee was adjourned at 10:09 a.m. Very Truly Yours, ~Ge 2 AL SMITH Secretary-Treasurer Hawaii State Association of Counties 4 Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii, City & County of Honolulu May 6, 1998 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 April 1 thru April 30, 1998. Very truly yours, " /~v AL SMITH Secretary-Treasurer Hawaii State Association of Counties Enclosure HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period : April 1 through April 30, 1998 FUND BALANCE AT BEGINNING DATE $39,044.06 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $9,229.34 $6,000.00 030 Interest Income $115.10 $1,018.86 $1,300.00 090 Miscellaneous $0.00 $2,429.80 $0.00 Total $115.10 $40,678.00 $35,300.00 TOTAL RECEIPTS THIS PERIOD $115.10 Disbursements Executive Committee 201 Travel $0.00 $345.00 $3,300.00 202 Auditing Services $0.00 $4,437.47 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $5.00 $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 $18,992.00 $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 $2,200.00 $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 $0.00 608 FY 97-98 Annual $0.00 $1,000.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 Advance for WIR Conference(repmt) $0.00 $0.00 $0.00 TOTAL $0.00 $28,575.47 $44,292.00 TOTAL EXPENSES THIS PERIOD $0.00 FUND BALANCE AT END OF PERIOD $39,159.16 APP-30-98 THU 1:38 PM KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P. I COUNTT coop. f ^ 0"IcE or 73~ V o:4r9Y ar+x MARY THRONA% CHAIR _'G G BUNA SHIMOMURA, comw Gat: RANDAL VALENCIANO, VICE-CHAIR ERNEM 0. PAMOK Demq~ Cm ty Gok BRYAN BAMSM PL(EOt}241-041 RONALD KOUCHI 4396 RICE ST., RM. 206 PAX(90)241-6349 JAMES TEHADA LJHU6. %AUAL BI 96766-1399 JAMES TOKIOKA I -zHQRIAI3nv_H March 16, 1998 TO., Rene Mansho, HSAC President FROM: Ron KouchivHSAC Second VP; NACo Board Member RE: 1998 NACo Legislative Conference Report Transmitted for your information is the report on the National Association of Counties (NACo) 1998 Legislative Conference, held February 27, 1998 to March 3, 1998. Please add this to the next HSAC Executive Committee Agenda. Thank you. Pakt s: NO* 7873 ' ? m Cam' FhW@ Ph" Fake Fix 4 Attachment 98-33/sa AN EQUAL ormRTONnY EMPLOYER APB-30-98 THU 1:38 PY KAUAI COUNTY CLERK FAY NO. 1 808 2418349 P. 2 Coro= cou"cm cn~~ ores ar r e COUNrr ~ MARY THRDNAS. CHAIR C BUNn SHIMOMURA, Omm Clak RANOAL vALBVCIANO, VICE-CHAIR ERNESTO D. PASION. IRp"(y Comdr Clak BILL -KAIPO' ASING fto Np41.63]1 BRYAN BAPI7S M Fa"({Otxr41.6 9 RONALD KOUCIB 4396 RICE ST.. RM. 206 JAMES TEHADA LNUE. KAUAI. HI 96766-1399 JAMES TOCICKA March 9. 1998 TO: COUNCILMEMBERS FROM: RON KOUCHI CHAIR, PUBLIC SAFETY & SERVICESIINTERGOVERNMENTAL RELATIONS COMMITTEE: NACo BOARD OF DIRECTORS SUBJECT. 1998 NACo LEGISLATIVE CONFERENCE REPORT Attached for your review Is the report on the National Association of Counties' 1998 Legislative Conference, held February 27-March 3, 1998. In addition, Council Services staff also has a number of publications received at the conference for your review in the areas of Sustainable community development; • Solid waste management; - - - - • Traffic "calming" and other transportation altema6ves; and • NACo report on racial reconciliation. Please see the following page for a luting of publications. In other Hawai'i State Association of Counties (HSAC) related business, Hawaii conference attendees had the opportunity to meet with both candidates for the position of NACo Second Vice President Mr. Javier Gonzales. Commissioner from Santa Fe, New Mexico, and Ms. Carol Roberts, Commissioner from Palm Beach. Florida. It is the recommendation of the HSAC delegation Mr. Javier Gonzales be supported for NACo Second Vice President Please feel free to see me if you have any further questions. Attached: List of publications from the conference AN EQUAL OPPORTUNITY EMPLOYER APB-30-98 THU 1:39 PH KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P. 3 1996 NACo Legislative Conference Publications Available Sustainable Communities: A 'Joint Center Report;" publication of the Joint Center for Sustainable Communities: Summer 1997, Volume 1 Number 1. 'Taking the Pulse: Revisiting Working Together for Rural America;` U.S. Department of Agriculture Forest Service, November 1997 (FS-607) "Measuring Progress: Profiles of City and County Indicator Programs, Final Draft;" Joint Center for Sustainable Communities, March 1998 `Roads Less Traveled: Intelligent Transportation Systems for Sustainable Communities;" Public Technology, Inc., 1998. "Guide to Sustainable Community Indicators; Maureen Hart, QLF/Atlantic Center for othe Environment, May 1995. 'Routt County, CO: Holding the Relns; Joint Center for Sustainable Communities, June 1997. 'Watershed Management and Sustainable Development In Coastal Counties: A Report of the National Association of Counties' Coastal Watershed Advisory Committee; prepared by James Kundell (University of Georgia), January 1996. 'Counties: Foundation for a Sustainable Future: Issue No. 2: Participation Beyond the Ballot Box;" National Association of Counties (no date). 'Sustainable Communities Task Force Report;' The President's Council on Sustainable Development, Fall 1997. 'Innovative City/County Partnerships: A Report from the Joint Center for Sustainable Communitles; National-Meociation of Counties (no date). 'Environmental Planning for Small Communities: A Guide for Local Decision-Makers; United States Environmental Protection Agency, September 1994 (EPA1626/R-94/009). Various Infrastructure Publications 'Preventing Pollution in Our Cities and Counties: A compendium of Case Studies;' National Association of Counties. National Association of County and City Health Officials, the National Pollution Prevention Roundtable. Municipal Waste Management Association, and the United States Conference of Mayors. Fall 1996. API-30-98 THU 1:39 PI[ KAUA? COUNTY CLERK PAX NO. 1-808 2416349 P. 4 'Field Guide for Unpaved Rural Roads;' Federal Highway Administration Local Technical Assistance Program, March 1997. -Slow Down. You're Going Too Fast: The Community Guide to Traffic Calming; Publlc4 Technology, Inc., 1998. 'Action Guide for Source Water Funding: Small Town and Rural County Strategies for Protecting Critical Water Supplies; National Association of Counties and the National Center for Small Communities, 1997. Top 10,Wetershed Lessons Learned; United States Environmental Protection Agency, October 1997 (EPA840-F-97-001). mWaste Prevention. Recycling, and Composting Options: Lessons from 30 Communities; United States Environmental Protection Agency, February 1994 (EPA530-R-92-015). •Decislon-Makers Guide to Solid Waste Management, Second Edition," United States Environmental Protection Agency, August 1995 (EPA530-R-95-023). Racial "Counties Promote Racial Reconciliation In America: A compendium of exemplary diversity programs; National Association of Counties, March 1998. 'Multicultural Diversity; National Association of Counties, 1997. APB-30-98 THU 1:40 PIt KAUAI COUNTY CLERK FAY 10. 1 808 2416349 P. 5 NATIONAL ASSOCIATION OF COUNTIES (NACo) 1998 LEGISLATIVE CONFERENCE Washington Hilton & Towers, Washington, D.C. February 28, 1998 4 Environment, Energy, and Land Use Steering Committee The Environment, Energy, and Land Use Steering Committee of NACo reported on the following Issues: E19chi al Utilities Re-Sfructud e-is -proposed- legislation by Senator DAmsto (S. 621) to repeal the PubRG-Uji(itim Holding Act, which is being pushed by the various utility companies. The U.S. House of Representatives Is opposed to this proposal, and House Resolution 655 supports requiring every state to allow customers to choose their power supplier by the year 2000. NACo opposes the date certain of the Year 2000, and would prefer to leave this matter to individual State legislatures. 1998 Safe Water Dnnkirm NACo supported-passage-of-this. act.-which requires the U.S. Environmental Protection Agency (EPA) to promulgate rules and target sources of water pollution, with a "crack- down" on water utilities. There is also a requirement to produce a consumer "Confidence report," which is on annual report by private water utilities that details chemicals and concentrations of chemicals in drinking water. Wetlands it was reported that there will be no comprehensive m-authorization of the Clean Water - - - - --AcL-- fdso;-a-narrower wetlands definition bill is being proposed in Congress;-in-1997-the--------- courts also struck down some key wetlands regulations. jwlean Air Act In Congress, HR 1984 and S. 1084 are being considered, but are currently stalled; these bills would delay the Implementation of ozone standards in order to allow for additional testing for setting standards. Representative Inhofe of Oklahoma is also proposing to amend the Intennodal Surface Transportation Efficiency Act (ISTEA) bill (S. 1173) - reloting-to EM-regulation of-PA (particle monitoring) standards in order to: (1) ensure necessary federal funding to construct and operate a new fine particle monitoring network; and (2) allow States to collect a minimum of three years of fine particle baseline data collection before deciding which areas of the country will be subject to more stringent requirements N not meeting the new fine particle standard. uaerfund (EPA) NACo and the EPA have been working together on final EPA policy for local governments on superfund sites regarding contributory lawsuits. A "Cap" on focal government liability of $5.30 per ton has been proposed, which must be requested by local governments in order for EPA to cover any amount above the cap level on contributory lawsuits. APB-30-98 THU 1:41 PI[ KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P. 6 NACo Environment. Energy, and Land Use Steering Committee February 28. 1998 Page 2 ( Federal "Ta inas" Lealsletian NACo is opposed to the proposed Congressional bill on takings, which plans to allow parties access to Federal courts by a more restrictive definition of 'exhaustion of administrative remedies" at State and local levels. This would have the impact of over- - - riding local zoning efforts to resolve takings issues (Please refer to attached NACo resolution for position on "takingsl. off or 'atUraI a 8 Petrol um Ddllina in the GUlf of Mexico The Environment, Energy, and Land Use Steering Committee of NACo also heard from Senator Mary Landrieu (D-Loulslana) regarding her proposed legislation on new regulations for off-shore petroleum and natural gas drilling In the Gulf of Mexico. Recently, the-Gulf-of Mexico has become the area of choice for new off-shore petroleum and natural gas drilling companies, as improved technology has resulted in better yields. An estimated 5120 billion worth of resources have been taken out from the Gulf since 1955 - no State or County has shared in these earnings. Local coastal parishes have received a very small share in these revenues, while the Federal Government has received the largest amount from these activities. As there are 35 coastal states (not including all territories) in the U.SA, the Federal Government is being asked to mandate that off-shore drilling companies share a percentage of these revenues with local governments. These additional funds would be utilized for environmental. mitigation and Improvement of infrastructure, such as a set percentage set aside for landtwater conservation funds. Senator Landrieu's proposed bill would call for sharing 27% of revenues with all 50 states, whether off-shore wells are located there or not. Another 23% would go to the coastal States to finance landtwater conservation funds. As this Is a resource with a 15- year to 20-year resource timeframe, it estimated that $1 billion annually would be -avsilBblE"frtSrrf-ttoa--proposaf.---•- - Senator Landrieu noted that there would be "no impact on off-share drilling companies existing leases, as no extra monies would be involved; this Is not a 'tax" proposal, but a "shared revenues' proposal. It is a proposal to deal with Impacts on non-renewable resources, which is committed to dealing with the issue by re-directing a portion of off- shore drilling revenues to new research in the area of renewable energy resources. Even if a coastal State (such as Hawaii) does not have off-drilling activities, funds could be used for such mitigation efforts as beach restoration. It was noted that such revenue sharing already occurs for some interior States with coal, silver, or iron mining activities; coastal as portion of toff-shoe drilling pre revenues by requirements contained n~their Statehood~Act. API-30-98 THU 1:41 PV KAUAI COUNTY CLERK FAX 10. 1 808 2418349 P. 7 NACo Environment, Energy, and Land Use Steering Committee February 28, 1998 _ Page 3 6 "Brown Ids" Redevelopment A presentation by Joseph Murdock of HDR Engineering (Florida, New York, New Jersey, Connecticut, and New Hampshire), an environmental engineering firm, was given on "brownfields redevelopment:" the creation of new value from environmentally Impaired - - properties. This Federal government Initiative proposes new uses for contaminated sites by targeting the end use In the process of remediation. An example of this-W HDR--._--_. - Englneering's Brooklyn Navy'Yard project in New York This is a new national trend in site redevelopment which attempts to deal with abandoned industriaVoommerdai sites which remain unused because of perceived environmental problems. This changes the current EPA Superfund approach of cleaning up with no end use in mind, which Is now viewed as inefficient and of no value. The "brownfields redevelopment"-approach would focus sits remediation on the highest potential real estate value: the driving forces would be to increase economic growth, tax bases. and properly values, as well as to create jobs in areas with severely contaminated abandoned industriaVeommercial sites. This new initiative evolved from the "rust beh" States. There Is a pilot Federal brownfieids program where EPA Is partnering with State and local communities to clean up the health risk base with targeted and uses. Project - - -funding for State programs are available (HawaN is one of the states-which-cart qualify for this program). Public/private partnerships are encouraged. waterfronts, which are high-use transportation facilities, are seen as particularly valuable targets for commercial redevelopment possibilities. Mother successful example cited was the Carolina Panthers (National Football League) stadium site, previously an old Iron works site where clean-up standards were consistent with the end use in mind. More Information on this project is available on the Internet at the EPA web site (URL: httpJlwww.epa.gov). APP-30-98 THU 1:42 PM KAUAI COUNTY CLERK FAI NO. 1 808 2416349 P. 8 PROPOSED RESOLUTION ON 'TAKINGS" LEGISLATION 6 WHEREAS, under existing principles of federal and state law, issues of local concern are reserved for local governments and state courts to docide and resolve: and WHEREAS, under these long-standing principles, federal courts traditionally abstain from intervening in local administrative proceedings until all state and local remedies have been exhausted, particularly when such manors Involve local land use or regulatory decisions; and WHEREAS, this system ensures a proper balance between the foderal and state governments and protects the right of local governments and courts to decide local land use. toning, or regulatory matters in the bat interests of the local community; and WHEREAS, proposed legislation would alter this balance unnecessarily by allowing property owners who have been denied a claim by a local planning board or elected body to circumvent state courts and take their case directly to a federal court; and WHEREAS, the legislation would discourage property owners from attempting to resolve their disputes with local governments outside the courtroom, thereby reducing the role of local officials in local decisionmaking; and WHEREAS, the legislation would deem "ripe far federal court action cases in which then is an insufficient factual record for decision, raising the risk of poorly, informed rulings: NOW, THEREFORE BE IT RESOLVED that the National Association of Counties opposes any federal legislation that authorizes or requires the federal courts to take jurisdiction over local issues or intrude into local land use or regulatory decisions unless the claimant has exhausted all state and local remedies. Proposed by the Association of County Commissions of Alabama and site Jefferson County (AL) Convnission e A-Pl-30-98 TH-U 1:43 PY KAUAI COUNTY CLERK PAZ NO. 1 808 2416349 P. 9 NATIONAL ASSOCIATION OF COUNTIES (NACO) 1998 LEGISLATIVE CONFERENCE - - March 1. 1998 Washington Hilton & Towers, Washington, D.C. 4 General Session Address W Randy Johnson. President. NACo Randy Johnson, President of NACo, stated that NACo was in the black for the first time in 15 years. He noted that during his tenure as president, major NACo themes were "sustainable, digital, and global," in particular citing the work of the Joint Center for - -Sustainable-EemmunIW5-In-promoUng-"!smart growth" at the local community levels--lde - also spoke of the need to embrace geographic information systems (GIS) technology. Other major NACo concerns are Impacts of the Year 2000 Millennium software deficiencies and Congressional reauthorization of Intermodal Surface Transportation Efficiency Act (ISTEA) legislation. Address b Bill Movers Public Ig vision System Journalist The NACo General-Session-was-addressed by Bill Moyers, journalist for the Public Broadcasting System (PBS), and WHET In New York, NY. Moyers spoke of America's "number one" health problem: substance abuse, whether it be nicotine, alcohol, or drug based. Moyers and his wife Judith are the producers of a three-part television special, "Moyers an Addiction: Close to Home; scheduled to air March 29, 30 and 31 on the nation's public television stations. Moyers said the two became interested in the issue after they dealt with problems related to their son's addiction. This is PBS' first comprehensive series on the subject of substance abuseladdiction, which is an illness that affects 88 million people in the U.S.; 43% of all adults report alcoholism problems. - Debate has previously focused on whether addition is treated as a disease, or as matter of choice. In addition to the N special, Moyers noted there will be a "Take a Step Day" April 1. He asked county officials to participate by holding health fairs and town forums In their communale-s. Many county governments plan special programs during National County Government Week in mid-April. For more pamphlets and more information, Moyers asked that interested parties call 800-420-7027. Address by Leirrv Naake NA-Cb-Exec A9b Director Naake spoke on NACo's race reconaliation efforts and local county programs that promote multi-cultural diversity. He also presented NACo's race reconciliation report, which is compendium of successful local programs that promote respect and celebrate racial diversity (a copy of this report is available from Council Services sfaf). C. Vernon Gray, Council Member from Howard County, Maryland, and NACo First Vice President. spoke on his county's Prejudice Reduction Program, which has built a coalition focussed on team-building and conducting workshops to promote racial harmony in Howard County. APP-30-98 TNU 1:43 PH KAUAI COUNTY CUEK FAX NO. 1 808 2416349 P. 10 NACo General Session March 1, 1998 Page 2 6 Becky Varney, Mecklenburg County, North Carolina, spoke on their county's community- building diversity program for better race relations. A special 50-member task force has been formed by the Mayor of Mecklenburg County with private foundation funding which recently sponsored a two-day community-building conference. Post-conference focus groups were attended by over 600 community members. Address b Maria c haVestl Assistant to the President and Director of the White Houae_ Qffice of Public Liaison Maria Echavesti. Assistant to the President, spoke on the President Clinton's dialogue on racial relations initiative. She stated that this an unusual time for such an initiative. as Presidential focus on race relations has not occurred in the past without severe unrest being manifested somewhere In the nation. In this case, because we are relatively at peace over the Issue of race relations, there Is the luxury of time to reflect on this Issue to assure the nation- can-be-unified at-a-time when we are the most diverse we have ever been as a nation. Counties have been addressing this issue usually because something "ugly" has happened, or demographic shifts tome us to address this issue. There is a need for presidential focus for national attention to be drawn to this issue; the President is proposing a three-pronged approach: (1) "Dialogue" which recognizes that America has never fully realized its ideal of racial harmony - we have been hypocritical on this Issue from the birth of the nation when we have been confronted by such historical divisions as slavery. the Civil War, and the Civil Rights movement. As we move into the next century, no one ethnic group will hold a majority of the population, and this dialogue becomes more important than ever. (2) "Study' to find out the facts behind racial Inequalities in areas such as - - -bu aites3. edtTCMrM. and-health care. (3) "Action' to outline steps that need to be taken to achieve our national ideals. A large part of the action agenda will be focussed on the area of education in order to bring us closer to the guarantee of a quality education for every child in America. There Is also opportunity to address equity in the area of government procurement and contracting. For ISTEA funding, to what extent will this provide opportunity for equity? The level of opportunity and a level playing field must be provided through action. Multi-cultural tourist Industries can also be looked at. API:-30-98 THU 1:44 PH KAUAI COUNTY CLERK PAX NO. 1 808 2416349 P,11 NACo General Session March 1. 1998 Page 3 During this entire process, the focus should be on providing a good job, good home, good health care, and safe neighborhoods for people of all ethnic groups. Address on the Year 2000 Census Mr. Mallard, U.S. Department of Commerce - Economic Development Administration -(EDA)-representative, thanked NACo for its 1997 resolution supporting the upcoming.---- Year 2000 U.S. Census. Since 1970, when Census return was primarily by mad, respondent numbers have been declining. He further asked NACo members' assistance to help address the EDA's "Ilst review program." The U.S. Census is critical because It Is the base used to measure and distribute political capability and funds to address population growth problems. The 1990 Census was simply not accurate; it missed 8 million while over-counting by 4 million; those who were missed were-i-gplyvulnerable.-marginalized populations of the poor and renters. There is a need to use all technology and means available to address this problem, such as: (1) partnerships with State and local governments; (2) "simple" mall-out and return solutions; (3) advertising and toll-free Census "hot lines;" and (4) scientifically valid sampling- Problems with the Census are caused by population mobility, irregular and complex living arrangements, irregular housing units, respondent ambivalence towards the - - Census,-Ifmited ability-to, understand-the-english language, and no usual. addresses. Mallard stressed the need to make certain that special efforts be made to count those who have been previously missed and/or ignored, particularly because those missed are those who would most benefit from programs based on Census data. He added that children's programs are most affected by an inaccurate Census count. Mr. Hoffman, assistant to Chairman Miller of the Congressional Subcommittee on the .-Yeai-2000 Census, stated that-ta=disagrees with the Federal Administration's solutions to inaccuracies contained In the 1990 U.S. Census. He noted that while 98.4% of the population was counted in 1990, the process may not have been executed correctly by the EDA. He further noted that Congress is not "sold" on the Federal Administration's proposed use of scientific sampling for the Year 2000 Census, as by the U.S. Constitution Congress is required to enumerate, not sample, the population. Further, the EDA is proposing to deliberately not count 12% of the population and fill this area In with "statistically-drawn" people. Therefore, use of statistical analysis may not be constitutional and cannot be used as the basis for representative district re- apportionment Hoffman fools that the focus should be on improving upon the Census field operations, which will consist of 250,000 census workers. There Is also an Issue with the tabulation of late returns, and a "second adjustment" by which late returns are a APR-30-98 THU 1:45 ?1 KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.12 NACo General Session March 1, 1998 Page 4 4 to be subtracted from the final count He does agree with the Federal Administration that counties must join In the effort to have an accurate fisting for the Census count, and to develop local programs to increase participation; but scientific sampling does not ensure counties will be accurately counted. APE-30-98 THU 1:45 PH KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.13 NATIONAL ASSOCIATION OF COUNTIES (NACo) 1996 LEGISLATIVE CONFERENCE March 1, 1998 Washington Hilton & Towers, Washington. D-C. Workshop on "Telecommunications: The Volume Goes Up in 1998" In the two years since the Telecommunications Act of 1996 has been passed, issues continue to arise over the future of telecommunications service. Counties face problems with placement of both broadcast and cellular towers. The following speakers addressed these Issues from several perspectives. Mr. Edward Barron Deguty Chief Counsel, US Senat@ Judiciary Committee As a result of controversy surrounding a tower siting In Vermont, Senator Leahy has Introduced a bill to repeal portions of the Telecommunications Act of 1996 (1996 TCA), The reason behind this bill Is that some sections of the 1998 TCA have been expanded beyond its original legislative Intent, allowing telecommunications companies to go to court to site anywhere. While Vermont state law allows State-level involvement, there are still challenges to local authorities that must be addressed. Senator Leahy's proposal is to repeal two parts of Section 704-2 of the 1996 TCA in order to allow local governments to re-assert their authority. These two sections relate to a town's or locality's ability to 1141 say "NO" to a tower site, and limitations on a town's or locality's ability to monitor and/or measure radio frequency emissions with information from a telecommunications company to see if compliance with health standards are met Since 1934, certain pre-empttve authorities have been given to companies proposing to site new towers. Senator Leahy has Introduced this bill to correct inconsistencies and to most current technological standards. Another issue that needs to be addressed is tower facilities made obsolete by new technology. There is also available "towerless cellular' technology on the market that allows cellular telephones to use the same frequency from cell site to cell site rather than switching frequencies. This eliminates the need for stand-alone cellular antennas and switching equipment from cell to cell; instead, equipment Is designed to hang from existing utility poles. Changes are needed In the 1998 TCA to disallow companies from pre-empting local authorities from participating in this Issue. There is also a battle going on in Congress over takings legislation which affects this Issue, as It is currently being proposed to allow developers to proceed directly to the Federal courts to file against local authorities If there is a zoning disagreement on tower siting. Roz Allen_ pepuly Chief, Wireless Bureau Federal ommunlcations Commis ton Ms. Allen is the primary liaison with local government on wireless tower siting issues (telephone: 202-416-0611; e-mail address: Callen®fcc.gov) and she related the position of Bill Kennard, Chair of the Federal Communications Commission (FCC). API-30-98 THU 1:46 FM KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.14 NACo Telecommunications Workshop March 1, 1998 Page 2 4 Siting issues (wireless towers, digital Tv, rights-of-ways and easements) are generally land use in nature. The FCC views local zoning pre-emptions as "weapons of last ' resort," and more dialogue is needed at the local levels. The FCC has also tried to set up networks to get telecommunications trade associations and peers to step in and mediate If there are conflict situations between local communities and a tower developer. - There Is also a statutory basis regarding broad open access to telecommunication that relates to the public's right to wireless, digital TV. Internet access, and remote health care (tole-medicine) technologies. The FCC encourages companies to work closely with communities and to donate services, as public safety Issues relating to wireless technologies are critical. This is manifested in free emergency oellular/wireleas 0911" service, as many cellular companies promote emergency cellular service as a "public service." The FCC is now pushing for expanded and free-of-charge call-back and location of emergency-cellular-calls. Some local Initiatives are using wireless technology to help prevent domestic violence. The FCC's point is that If a cellular company advertises itself as an essential emergency service while In pursuit of tower siting, you must carry out this mission by making the service as widely available as possible. Ms. Allen also cited the following issues that must be addressed by the FCC: (1) reallocation of television channels 60 through 69, which is tied to imminent Digital Video Disk (DVDNdigital TV (DTV) technology; (2) rising costs of cable television service; (3) - break-up- of set-top- box technology--monopolles; (4) wireless billing issues--(too-many- choices for service providers and possible hidden costs in complex'billing statements); and (5) 'universal service, such as free libraries and schools. Initiatives. Nick Miller. Attorney Mr. Miller is a private attorney whose firm specializes In cable TV/cellular telephone issues. one of major problems Is that local governments are seen by the FCC as just another "special Interest" group, on the same level as a private cable company. This - must change-tlr-orderfor the-fCGto treat local governments as more that just another special Interest, as they have particular public Interests that must be protected. Mr. Miller also stated that President Clinton has endorsed a six-year moratorium on Internet taxation, which he disagrees with. He also stated that distinctions must be made between being opposed to the overall deployment of towers versus the location of towers. With the issues of cable use of local government rights-af-ways and easements, Mr. Miller believes that it comes down to an Issue of money: Montgomery County (Maryland) and Fairfax County ('V'irginia) have both recently instituted an 8% of gross revenues fee on local telecommunications providers that goes towards such programs as: API-30-98 THU 1:47 PH KAUAI COUNTY CLERK FAI NO. 1 808 2416349 P.15 NACo Telecommunications Workshop March 1, 1998 Page 3 i • Funding of local educational cable TV telecasts; • Free fibre optics connections for public libraries and schools; Fibre optics connections for "at home" roll calls of local police; Separate cable channels for fire department training programs; and • Subsidization of costs for existing public leased Imes. Telephone companies normally offer 156 of gross revenues for local governments to "go away" as an initial offer on the table, but all should be aware of the 8% fee negotiated in other jurisdictions for use of local rightr-of-ways and easements. Other issues involve: If counties own the utilities' rights-o&ways, is there sovereign immunity in the rights-of-way? Who Is liable for any work in the rights-of-ways? Can Indemnifications be sought from a utility? In pre-1998 version of the Telecommunications Act, utilities had two requirements: (1) "universal" service provision; and (2) regulated (rate-based) tariffs. if "universal" service is not being delivered, a utility cannot expect all the privileges with no responsibility or liability; the "old rules" can only apply to "old contracts." In the area of tower siting, there are technological advances and developments that may make towers outmoded in the near future, so consideration should be given to eventual removal requirements of obsolete facilities during current day siting procedures. In certain jurisdictions, district courts have made It legitimate for communities to consider adjacent property values when siting towers. In the city of Virginia Beach (4th Circuit), questions have been raised as to the authority of the Supreme Court to make legislative bodies serve adjudicatory functions in relation to tower shings. Questions 1) Does 'towerless cellular' technology work off existing cable systems? Towerless cellular sites must be "herd-wired" to each other. APP-30-98 THO 1:48 PH KAUAI COORffY CLE&K FAX H0. 1 808 2416349 P.16 NACo Telecommunications Workshop March 1, 1998 Page 4i 2) While Iooal authorities may currently require co-location of and/or buffer areas for new towers, how realistic are revenue opportunities off use of public rights-of- ways? • Local govefiimenis'ahod1d be entitled to some form of revenue-sharing. While current Federal law requires that there can be no barriers to new providers entering the market while unfairly burdening them, a revenue- based 'lax" should be allowable. If provided for under State laws. The caveat is that you cannot take actions that prohibit competition unfairly. New York City has a 16% of gross revenues fee for use of City-owned rights-of-way, In jurisdictions without necessary authority. State legislatures must be educated to allow local control, and not allow Federal . pre-emptloiis of such authority. 3) Is it batter to enter Into short-term or long-term contracts with utilities for use of rights-of-way? • In some cases, cable N companies will seek short-tern contracts believing that Congress will legislate out local government authority In the near future. Short-term contracts are advisable If terms are fair. APR-30-98 THU 1:46 PM KAUAI COUNTY CLEM FAY NO. 1 808 2416349 P.17 HAWAI'i STATE ASSOCIATION OF COUNTIES (HSAC) MEETING WITH HAWAI'l CONGRESSIONAL DELEGATION U.S. Capitol Building, Washington, D.C. A March 2, 1998 Attendjng: U.S. Senator Daniel Inouye and staff, U.S. Senator Daniel Akaka, U.S. Representative Patsy Mink and staff, U.S. Representative Nail Abercrombie and staff, Councilmember Ron Koucht and staff, Councilmember Rene Mansho (City & County of Honolulu), Councilmember Dennis Nakamura - - - - - ----and-staff -(Maui-County)i,Council Vice-Chair AI Smith and'staff (Hawai'i County) Councilmember Mansho presented background information on proposed amendments to the Telecommunications Act of 1996 forwarded by U.S. Senator Leahy, which repeals two sections of the act related to local governments ability to assert authority over tower siting issues and measurement of radio frequency emissions. CoundimemberKouehl informed the-Congressional Delegation of the concerns on Knua'l raised by placement of the Stangl Broadcasting tower on the Ha'upu ridge, which Senator Akaks and Representative Mink were Involved with. While the Council did pass a resolution regarding this matter, ultimate authority over this matter was out of local govemment's jurisdiction. The State Board of Land and Natural Resources (BLNR) was not able to fully address local view plane, economic, and cultural impacts during their consideration of necessary State permits, and no local oversight could be exercised. Granting jurisdiction to local government bodies would mean that these issues could be raised earlier in the permitting process, resulting In a more equitable process for both the affected community and the proposed tower developer. Coundlmember Mansho also raised a concern over proposed U.S. Senate legislation on the "takings' issue, which the National Association of Counties (NACo) opposes since it allows more expedient access to Federal Courts, thereby reducing the incentive to negotiate on the local government level. Representative Abercrombie likened this situation to "federalizing" local zoning authority. Councilmember Mansho informed the Congressional Delegation of the need for re- authorization of the Intermodal Surface Transportation Efficiency Act (ISTEA) in 1998, which is also supported by NACo. Senator Inouye stated that there are budget concerns which are causing delay in movement of this legislation. Councilmember Nakamura provided updates on the following Maui County Issues: • Kihei Highway project; • El Niflo drought conditions; and • Maui Research and Technology Park. APP-30-98 THU 1:49 R KAUAI COUNTY CLERK FAX NO. 1 808 2416349 P.18 f HSAC Congressional Delegation Meeting March 2. 1988 Page 2 4 Councilmember Kouehi gave a briefing on the following Kaua'I projects with Federal government Implications: • Waimea Techno Center (U.S. Department of Commerce - Economic Development Administration); -----Waimea--Theater- Restoration Project (U.S. Department of Commerce..- - Economic Development Administration); • Federal Emergency Management Agency (FEMA) Hurricane 'Iniki "close- outs" and Keksha Landfill deobligation; and • Paku'I Housing Program (Federal HOME and Disaster HOME funds). Councfimentber Kouchi also Informed the Congressional Delegation of County concerns regarding State Economic Revitalization Task Force (ERTF) bills at the State Legislature. several of which were developed without major County-level Input, and the NACo Board of Directors' discussion regarding taxing of Internet commerce. Representative Mink Informed the HSAC delegation that U.S. House legislation is being proposed to tax Internet commerce, which could allow local communities to collect additional tax revenues. Counciimember Kouchi added that President Clinton has recently stated that he is In favor of re-suthorization of the existing exemption on taxing Internet commerce. - - - - - - - Senator Inouye stated that he does not think the re-authorization of the Internet tax exemption will pass. He further added that members of the Congressional delegation are stilt working with FEMA on Hurricane 'Iniki deobligation issues, but there may be issues remaining regarding FEMA funding of unauthorized activities. Senator Inouye also stated that he understands space in the Wolmea Techno Center project has largely been leased. As far as Maul County's Kihei Highway project Is concerned, it is his understanding that th8 *ball Is In the County's court," and that whatever is constructed - -is-largeiythe-produd-of Maut County's-input. While some Federal funding is available, the routing of the highway would be a State Department of Transportation decision, who needs to work with Maui County agencies. Senator Inouye further added that while the Hawal'i Congressional Delegation has been in discussion with the U.S. Air Force (USAF) regarding activity at Hale'akalq, the USAF may be changing its mind on this project; however, there is a potential laser project In development with the Boeing Corporation under discussion. He further stated that while high technology sector activity at the Pacific Missile Range Facility (PMRF) on Kaua% the Maui Research and Technology Center, and Island of Hawal'I astronomy facilities is growing, all have job vacancies which are difficult to fill with Hawaii-based personnel. Further, Ms. Joyce Tsunoda of the University of Hawai'i at MAnon is being charged with training of community college students to fill these positrons. Senator Inouye added that in Hawal'1 County, financing • AP1730-98 THU 1:50 PI[ KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.19 HSAC Congressional Delegation Meeting March 2, 1998 Page 3 ,i for the Saddle Road project is ready, but exact destination points are still to be determined. He asked that any County experiencing drought conditions related to EI Nft weather effects transmit statistical data to his office. Representative Mink added that the U.S. Department of Agriculture may have funds avaAable for livestock drought relief. - - - - - - - - - - - Senator Inouye Intomned the HSAC delegation that home-porting of a carrier task force in Hawaii should not be counted on, as there are impacts from decisions being made in Japan regarding constitutional prohibitions on nuclear military vessels. There are several diesel-based carriers that will soon be de-commissloned, and the Japanese government must decide whether they will accept nuclear-powered vessels in their waters and ports. Senator Inouye also spoke of the need for a replacement air told for Barber's Point Naval Air Station, which will be going out of operations. Regarding the island of Hawarl,--Senator--Inouye advised caution when deanng with the Pohakuloa military area, as this will be the only major military training alts left with the conveyance of Kaho'olawe back to Hawaii jurisdiction (there is pressure to return Makua Valley on O'ehu to State jurisdiction). Senator Akaka asked Councilmember Smith the status of the Irradiation plant on the island of Hawarr"i. He also gave an update on a proposed land exchange with the State on excess lands at Lualualei on Oahu, which relates to the State Department of - - Hawallan-Home Lends{DHHL--)-reooveryect. Senator Akaka noted that-the-tim&frams-- may be critical on this matter, DHHL has apparently conducted an appraisal on excess military lands which may be part of the exchange, and have come to a figure estimated at $80 million. It Is hoped that details can be worked out by May of 1998. The agencies Involved with this matter are the U.S. General Services Administration (GSA), the U.S. Department of the Interior, and the U.S. Navy, and this would mark the first time these agencies have worked together on such an issue. -Senator Inouye sdded that the Lualualei exchange will proceed despite an untimely filing by the State with the U.S. Navy. He further noted that Hawaii County cattle ranchers have been offered 1992 rates by Matson for shipping of livestock, but negotiations are being conducted regarding lowering of the 19924evel rates. Representative Mink stated that there are ongoing efforts to alter procedures by which Federal contracts am awarded In the State of Hawai'l, as mainland bidders have been winning some of these bids. She added that means are being sought to level the field to allow local sub-contractors a competitive chance to gain Federal contracts, and that they are working with Ray Kamlkawa of the State Department of Taxation on this. Senator Inouye explained that in the Ksho'olawe clean-up effort, which is primarily r APP-30-98 THU 1:50 PH KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.20~ HSAC Congressional Delegation Meeting March 2, 1998 - Page 4 .i funded by Federal monies, an estimated 95% of the contractors are from either the island of Maui or other in-State counties. If local contractors are encountering difficulties in this area, he asked that Representative Mink be contacted. There are also certain U.S. Department of Defense requirements directing contracts to local vendors that are triggered when Hawal'I unemployment rates reach a higher level than national averages; -these-must -be-enforced--to be effective. Senator Inouye mentioned that--County resolutions may assist on this matter. He also noted that the Federal movement from "welfare to workfare" may be suitable for U.S. mainland areas. but at this point Hawaii has a shortage of jobs for this to be effective. Councilmember Kouchi emphasized that on Kaua'l two major hotels, the Walohal and Coco Palms, remain closed, which is aggravating the overall economy. Representative Mink--added -that an extension of unemployment benefits should be considered. She asked about the Amfac/JMB situation in Hawaii. Councilmember Kouchi stated that the Amfac/JMB "Imua" plan may be turned down by affected plantation workers. Senator Inouye added that the RETAH program should be looked at to assist In agricultural diversification. In response to a question regarding home-porting of the USS Missouri, he stated that this should be occurring by early summer of 1998. Senator Inouye also stated that there are plans for construction of over 600 family units and 1,000 single occupant units on Ford Island at Pearl Harbor to accommodate the anticipated increase in demand for housing.