HomeMy WebLinkAboutCOM 0010.010 2012-2014 N DENNIS ONISHI
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HAWAII COUNTY COUNCIL
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25 Aupuni Street,Hilo, Hawaii 96720 +ter -.c'")
MEMORANDUM v
DATE: November 20, 2013 ='
TO: J Yoshimoto, Chair
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And Members of the Hawai`i County Council
FROM: 1r Dennis "Fresh" Onishi, Council Member
SUBJECT: Hawai`i State Association of Counties Executive Committee meeting
minutes for September 13, 2013.
Attached is a copy of the minutes of the meeting of the Hawai`i State Association of
Counties Executive Committee that was held September 13, 2013, in Honolulu.
Please place this on the next available committee agenda.
DO:ps
Att.
Comm. No. (0• 10
Ref.To: R.EOC,
Ref. Date NOV 2 0 '2013
Hawai`i County is an Equal Opportunity Provider and Employer.
Hawaii State Ass cia on of C i
Counties of Kauai,Maui and Hawaii,City &County of Honolulu
� � MINUTES
' l HSAC EXECUTIVE COMMITTEE MEETING %.,,..
September 13, 2013
Honolulu Hale, Council Committee Room
Honolulu, Hawaii
P
I. CALL TO ORDER 1
The HSAC Executive Committee was called to order by President Mel Rapozo at
10:10 a.m. The following members comprising a quorum were present:
County of Kauai: President Mel Rapozo
County of Hawaii: Vice President Dennis "Fresh" Onishi
iiCity and County of Honolulu: Secretary Stanley Chang
County of Maui: Treasurer Michael Victorino
t Others Present: Hawaii County Council Chair J Yoshimoto
0 Honolulu City Council Chair Ernest Martin
Kauai County Council Chair Jay Furfaro
Maui County Council Chair Gladys Balsa
e
Hawaii County Mayor Billy Kenoi
Honolulu City Mayor Kirk Caldwell
Maui County Mayor Alan Arakawa
Kauai County Clerk Ricky Watanabe
Ray Soon, Honolulu Mayor's Chief of Staff
s Shawn Hamamoto, Honolulu Mayoral staff
Beth Tokioka, Kauai Mayoral staff
Danny Mateo, Maui Mayoral staff
o
Honolulu staff Denisse Gee
Honolulu staff Kimberly Ribellia
Honolulu staff Glen Takahashi
Honolulu staff Steve Uyeno
�'""` Kauai staff Ashley Bunda op'' "
1 Maui staff Kim Willenbrink
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II. APPROVAL OF AGENDA
The Committee approved the agenda.
III. MINUTES
The Committee approved the minutes of the August 23, 2013, Executive
Committee meeting.
IV. REPORTS
A. Treasurer's Report
The following item was approved by the Executive Committee:
1. Treasurer's Report for August 2013 as submitted by the HSAC
Treasurer.
Vice President Onishi queried whether rental car fuel was reimbursable by
HSAC under the current HSAC bylaw definition of"ground transportation."
Treasurer Victorino confirmed that rental car fuel was not covered and
thus not eligible for reimbursement.
B. County Reports
1. Maui County Report. Treasurer Victorino reported that the Council
recently approved the County's first 100% affordable housing
project located in central Maui. He opined that the planned
Waikapu Gardens Phase II will be successfully completed on
schedule. He further reported that at the Council Chair's monthly
meeting with all Councilmembers, Council Chair Baisa encouraged
all Councilmembers to get more active in HSAC related matters.
To that end, he will be forwarding copies of HSAC minutes,
agendas and Treasurer's reports to all Councilmembers. He
informed the Committee that the Policy and Intergovernmental
Affairs Committee is conducting an investigation into the demolition
of the old Wailuku Post Office and the Planning Committee is
reviewing the County's regulation of home-based businesses, He
concluded by reporting that the County has submitted four
proposals for consideration by the Committee to be included in the
2014 HSAC legislative package.
2. Hawaii County Report. Vice President Onishi reported that on
September 23, 2013, the Council will continue its deliberations on
Bill 79, which bans the propagation, cultivation, raising, growing,
sale or distribution of genetically modified organism (GMO). He
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stated that the Council may create an adhoc committee to study
and make recommendations regarding the use of GMOs in the
County prior to the final reading of Bill 79. He further reported that
the County has submitted six proposals for consideration by the
Committee to be included in the 2014 HSAC legislative package.
He informed the Committee that the Council will first read a bill
sponsored by Councilmember Dru Kanuha that raises the age limit
to purchase tobacco from 18 to 21. He concluded by stating that
the Council will also first read a bill sponsored by Councilmember
Brenda Ford that bans hydraulic fracturing or fracking. In response
to a query by Treasurer Victorino, he informed the Committee that
the bill prohibits a process known as "enhanced geothermal,"
though it would apply to all forms of fracking, in which fluids are
injected deep into the earth to widen cracks in order to increase
permeability and allow more underground heat sources to be
reached.
3. City and County of Honolulu Report. Secretary Chang reported on
the measures that the Council has been deliberating upon as
follows: 1) Bill 59 (2013) which prohibits individuals from lying
down on the ground under certain conditions; 2) Bill 48 (2013)
which rezones lands situated at Waipio in the Central Oahu Region,
commonly known as Castle & Cooke's "Koa Ridge" development;
and 3) Resolution 13-177 which seeks to amend the Charter to
require that the Board of Water Supply (BWS) decisions to
condemn land be subject to review and approval by the Council, to
require that the proposed BWS annual operating and capital
budgets be subject to appropriation and amendment by the
Council, and to clarify that City ethical standards of conduct apply
to BWS and its policy-making Board. In response to a query, he
informed the Committee that the City has hired a new Transit-
Oriented Development (commonly known as TOD) Director who
has plans to integrate new developments with rail stations.
4. Kauai County Report. President Rapozo reported that the Council
had requested an opinion from the state Attorney General (AG)to
determine whether the County has the jurisdiction to regulate the
use of pesticides or the cultivation of GMOs, however, the state AG
declined to issue an opinion. He further reported that the Council
will next deliberate on Bill 2491, Relating to GMOs, on September
27, 2013. He opined that Bill 2491 will have statewide ramifications
and encouraged the other counties to closely monitor its status. In
response to a query, he clarified that approximately 1,800 people
marched to the Kauai County Building to protest the use of GMOs
and pesticides. He opined that a portion of the demonstrators had
traveled from the other counties and the mainland to participate in
the march.
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C. NACo Report. Treasurer Victorino reported that the primary issue
discussed at the last NACo Board of Directors meeting was the
uncertainty that all counties face throughout the nation regarding the
impact of federal sequestration.
D. WIR Report. Vice President Onishi reported that the next WIR Board of
Directors meeting will be held October 2—4, 2013, in Grand Junction,
Garfield County, Colorado.
V. UNFINISHED BUSINESS
A. Discussion relating to the policy for the use of estimated funds derived
from the "NACo Prescription Drug Marketing Fee" line item in FY 2014.
President Rapozo clarified that HSAC receives approximately $12K
quarterly from the NACo Prescription Drug Marketing Fee Program
(Program). He requested that each county submit a written proposal
recommending uses for the Program fees, upon which the Committee will
base its allocation decisions.
This item was deferred.
B. Discussion relating to the HSAC Lobbying Plan for the 2014 state
legislative session, which was approved by the Executive Committee on
May 6, 2013.
Maui County Council Chair Baisa informed the Committee that the four
county Council Chairs recently met and decided that in lieu of hiring a
contract lobbyist to represent HSAC, the four Council Chairs would bolster
their participation and involvement in HSAC and HSAC-related lobbying.
She further informed the Committee that the four Council Chairs
committed to meet more often as a collective with the primary focus of
increasing collaboration between the four counties. She concluded by
stating that the four Council Chairs intend to actively partner with the four
county Mayors to present a united front during the next legislative session.
Kauai County Council Chair Furfaro proposed that the four counties
collaborate to create a consolidated data report showing the irrefutable
relationship between the growth in the state's visitor industry and the
growth in the counties' expenses, particularly in the area of public safety.
He opined that if such a report was created and distributed to the state
Legislature, the state Legislature would conclude that the counties'
allocation of transient accommodation tax (commonly known as TAT)
should also increase commensurately with the growth in the visitor
industry.
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Honolulu City Council Chair Martin stated that the counties' greatest
strength during the next state Legislative session is its unification as one
body representing all four counties. He further stated that in his
experience, the state Legislature will quickly defer a measure if the
perception is that the measure has no consensus between the four
counties. He expressed his gratification that the four county Council
Chairs have recently been meeting collaboratively and frequently and
looks forward to continued cooperation between the four counties. He
stated that Oahu brings to the table close personal and professional
relationships between the Honolulu City Council and individual state
Legislators; for example, current Honolulu City Councilmembers include a
former Senate Ways and Means Committee Chair, Judiciary Committee
Chair, and a former House of Representatives Vice Speaker, furthermore
a sitting state House of Representative was most recently a Honolulu City
Council Floor Leader. He emphasized that it is these types of
relationships that are critical when lobbying at the state Legislature.
This item was received and filed.
C. Communication from HSAC Secretary Stanley Chang transmitting for the
Executive Committee's consideration a proposal to create an "HSAC List
of Priorities"to be included in the 2014 HSAC Legislative Package to
better assist and provide guidance for HSAC lobbying efforts, as
discussed at the July 26, 2013, Executive Committee meeting.
Secretary Chang explained that his proposal calls for general policy
statements to provide HSAC with the flexibility needed when lobbying at
the state Legislature.
Treasurer Victorino expressed support for this proposal and emphasized
that the 2014 HSAC Legislative Package must be streamlined and
focused. He informed the Committee that HSAC's counterparts in other
states, specifically the Washington State Association of Counties and the
Association of Oregon Counties, have adopted a similar practice.
This item was received and filed
D. Communication from HSAC Secretary Stanley Chang transmitting for the
Executive Committee's consideration proposed amendments to the HSAC
Bylaws.
This item was deferred.
VI. NEW BUSINESS
A. Communication from state Director of Finance Kalbert K. Young
requesting the Executive Committee to select one HSAC member to serve
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on the Hawaii Employer-Union Health Benefits Trust Fund Task Force,
pursuant to Act 268, Session Laws of Hawaii 2013.
Treasurer Victorino, Kauai County Council Chair Furfaro and Maui County
Council Chair Baisa informed the Committee that their respective
individual Councils will submit recommendations for the Committee's
consideration.
This item was received and filed.
B. Communication from Maui County Clerk Jeffrey T. Kuwada transmitting for
consideration by the Committee the following proposals to be included in
the 2014 HSAC Legislative Package, as approved by the Maui County
Council on August 20, 2013:
A Bill for an Act Relating to Public Agency Meetings and Records.
Maui County Council Chair Baisa explained that this proposal allows
Councilmembers to jointly attend and speak at community, educational, or
informational meeting or presentation, provided that the meeting or
presentation is open to the public.
This proposal was approved.
ii. A Bill for an Act Relating to Intoxicating Liquor.
Maui County Council Chair Baisa explained that this proposal authorizes a
county Liquor Commission to fund alcohol abuse treatment and prevention
programs with revenues collected through fines against licensees and
license fees, without the current 10 percent limitation.
This proposal was approved.
iii. A Bill for an Act Relating to Transportation.
Maui County Council chair Baisa explained that this proposal enables
government agencies to maintain roads whose ownership and jurisdiction
are in dispute between the state and the county, without incurring liability
or assuming ownership or jurisdiction over those roads.
This proposal was approved,
She stated that the Maui County Council only submitted legislative
proposals for consideration by the Committee that the entire Council
enthusiastically supported because both Maui Mayor Arakawa and the
Maui County Council firmly believes that the success of the 2014 HSAC
legislative package hinges upon keeping the package tight and focused.
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C. Communication from Kauai County Council Chair Jay Furfaro transmitting
for consideration by the Committee the following proposals to be included
in the 2014 HSAC Legislative Package, as approved by the Kauai County
Council on August 28, 2013:
A Bill for an Act Relating to Energy Resources.
President Rapozo reminded the Committee that this proposal was
proposed last year by Kauai County Councilmember JoAnn Yukimura. He
summarized the proposal by explaining that this proposal authorizes only
the buyer-owner of a newly constructed single-family dwelling to apply for
a variance to the solar water heater requirement.
President Rapozo voted nay. This proposal failed.
ii. A Bill for an Act Relating to Liability.
President Rapozo explained that this proposal provides the counties with
permanent liability protection for natural conditions on or near public
beach parks. Maui Mayor Arakawa stated that the passage of this
proposal is critical for all counties and should be included in the 2014
HSAC legislative package.
This proposal was approved.
D Communication from Hawaii County Clerk Steward Maeda transmitting for
consideration by the Committee the following proposals to be included in
the 2014 HSAC Legislative Package, as approved by the Hawaii County
Council on August 21, 2013:
i. A Bill for an Act Relating to Transient Accommodations Tax.
Vice President Onishi explained that this proposal doubles the counties'
allocation of the transient accommodations tax from $93M to $196M.
This proposal was approved.
ii. A Bill for an Act Relating to the Pacific International Space Center
for Exploration Studies.
Vice President Onishi explained that this proposal appropriates $900,000
in general fund revenues to the Pacific International Space Center for
Exploration Studies (commonly known as PISCES) for personnel costs,
operating expenses and the purchase of equipment, materials and
services in FY 2015.
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Treasurer Victorino voted nay. This proposal failed.
iii. A Bill for an Act Relating to Education.
Vice President Onishi explained that this proposal appropriates
$38 million in general fund revenues to construct a permanent facility for
the University of Hawaii at Hilo Daniel K. Inouye College of Pharmacy.
This proposal was approved.
iv. A Bill for an Act Relating to Health.
Vice President Onishi explained that this proposal appropriates $2.8
million in general fund revenues for the interdisciplinary Hawaii Health
Systems Corporation Primary Care Training Program at Hilo Medical
Center.
This proposal was approved.
E. Communication from Hawaii County Clerk Stewart Maeda transmitting for
consideration by the Committee the following proposals to be included in
the 2014 HSAC Legislative Package, as approved by the Hawaii County
Council on August 21, 2013:
i. A Bill for an Act Relating to County Authority concerning
Agriculture.
Vice President Onishi explained that this proposal amends the state "Right,
to Farm Act"to provide that each county through its county council has the
right to regulate the cultivation of genetically modified crops.
Treasurer Victorino voted nay. This proposal failed.
ii. A Bill for an Act Relating to Videoconferencing.
Vice President Onishi explained that this proposal requires both legislative
chambers to implement rules to provide audio or audiovisual technology
thereby enabling live oral testimony to be received from residents on the
neighbor islands. In response to a query, he stated that the proposal also
provides for a blank appropriation amount to enact the measure
This proposal was approved.
F Discussion and Consideration of the following proposals to be included in
the 2014 HSAC Legislative Package, to be acted upon by the Honolulu
City Council on September 11, 2013:
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i. A Bill for an Act Relating to Traffic Infractions.
Secretary Chang explained that this proposal was part of the HSAC
legislative package last year. He further explained that the proposal would
transfer a portion of the fines and forfeitures from uncontested traffic
infractions to the counties. In response to a query, he confirmed that a
similar proposal was also passed by the Honolulu City Council and will be
considered by the Committee.
This proposal was received and filed.
ii. A Bill for an Act Relating to Sidewalks.
Secretary Chang explained that this proposal requires design flexibility for
sidewalks so that the relative cost and benefit of alternatives and
minimizing condemnation of private property can be considered.
Treasurer Victorino voted nay. This proposal failed.
iii. A Bill for an Act Relating to Landowner Liability.
Secretary Chang explained that this proposal was a part of the HSAC
legislative package last year. He further explained that this proposal
creates a cause of action against the person who maintains a property
nuisance on residential property that results in damage or injury to the
person or property of another person.
Treasurer Victorino voted nay. This proposal failed.
iv. A Bill for an Act Relating to Helmets.
Secretary Chang explained that this proposal requires all motorcycle and
motor scooter drivers to wear a helmet.
This proposal was approved.
v. A Bill for an Act Relating to Mopeds.
Secretary Chang explained that this proposal requires all moped riders to
wear a helmet.
This proposal was approved.
vL A Bill for an Act Relating to Voting..
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Secretary Chang explained that this proposal was part of the HSAC
legislative package last year. He further explained that this proposal
allows citizens to register to vote on Election Day.
In response to a query, Kauai County Clerk Ricky Watanabe informed the
Committee that this proposal, if enacted, would probably require the
counties to hire and train additional personnel during the election period.
He expressed concern whether county elections officials would be able to
successfully implement the proposal on a timely basis due to the
proposal's immediate effective date. In response to a query, he stated
that this proposal would incur increased expenses for Kauai County.
In response to a query, Glenn Takahashi, City and County of Honolulu
Elections Administrator, expressed his agreement with Kauai County Clerk
Watanabe's comments.
Treasurer Victorino voted nay. This proposal failed.
vii. A Resolution Urging the U.S. Department of State, the Department
of Homeland Security and the United States of Attorney General to
Ease Visa Restrictions for the People's Republic of China.
Secretary Chang explained that this proposal was part of the HSAC
legislative package last year and informed the Committee that it was the
only proposal in the package that was adopted by the state Legislature.
This proposal was approved.
viii. A Bill for an Act Relating to Hawaii Employer-Union Health Benefits
Trust Fund Board of Trustees.
Secretary Chang explained that this proposal was part of the HSAC
legislative package last year. He further explained that this proposal
designates one of the five seats allocated to represent "public employers"
on the Hawaii Employer-Union Health Benefits Trust Fund Board of
Trustees to be filled by an individual appointed by the four county Mayors
and approved by the Committee. He opined that this proposal is an ideal
candidate for his initiative to create an "HSAC List of Priorities" to be
included in the 2014 HSAC Legislative Package to better assist and
provide guidance for HSAC lobbying efforts.
This proposal was approved.
ix. A Bill for an Act Relating to the Employees' Retirement System,
Secretary Chang explained that this proposal was part of the HSAC
legislative package last year. He further explained that this proposal adds
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one additional member to the Employees' Retirement System Board of
Trustees, specifically designated to represent the counties.
This proposal was approved.
x. A Bill for an Act Relating to Traffic Infractions.
Secretary Chang explained that this proposal is similar to the first proposal
submitted by the Honolulu City Council. He further explained that the
proposal would transfer a portion of the fines and forfeitures from
uncontested traffic infractions to the counties. He concluded by informing
the Committee that this proposal was a part of the HSAC legislative
package last year.
Treasurer Victorino voted nay. This proposal failed.
xi. A Bill for an Act Relating to County Surcharge on State Tax.
Secretary Chang explained that this proposal reduces the percentage,
from 10 to two percent, which is automatically deducted from the gross
proceeds of a county's surcharge on state tax and earmarked to reimburse
the state for costs associated with handling the assessments, collection
and disposition of the county surcharge.
Treasurer Victorino clarified that this measure only affects the City and
County of Honolulu because it is the only county that currently has a
county surcharge.
This proposal was approved.
The Committee recessed at 12:00 p.m
The Committee reconvened at 12.45 p.m
VII. Lunch Meeting with HSAC and the Mayors.
Maui County Mayor Arakawa stated that if the counties present a
consistent and uniform position to the state Legislature through HSAC:
HSAC can be the most powerful voice at the state Legislature.
Ms. Tokioka representing Kauai County Mayor Bernard Carvalho stated
that the best strategy would be for the counties to identify which county
official has the best relationship with each individual state legislator and
"assign" that county official to lobby that state legislator during session.
She likened lobbying the state Legislature to a football game.
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Hawaii County Mayor Kenoi stated that the counties must make an effort
to focus on a couple of county issues to lobby at the state Legislature. He
further stated that the best lobbying strategy that the counties can adopt
for the upcoming legislative session is to strategically choose and prioritize
its legislative proposals.
Honolulu Mayor Caldwell stated that the counties' best strategy is to lobby
the state Legislature as a united group. He further stated that the counties
should play"offense" instead of"defense." He emphasized that the
counties need to be more proactive in showing the state Legislature that
the counties have a strong legislative package and a strong constituency
base to ensure successful passage.
President Rapozo remarked that the Kauai County legislative proposal to
be included in the 2014 HSAC legislative package regarding making
permanent county liability protections for natural conditions on or near
public beach parks is an ideal proposal for all the counties to rally behind.
Maui County Council Chair Baisa reminded the Committee about the Maui
County proposal to hire a lobbyist to perform the crucial task of
coordinating all four counties' legislative proposals and presenting a single
identifiable county point person for the state legislators to recognize. She
used the example of Mr. Mateo who represents Maui County at the state
Legislature.
Maui County Mayor Arakawa proposed that each county designate one
individual as the county point person. He stated that the four county point
persons would constitute an informal committee to coordinate the
counties' interests at the state Legislature. He further stated that this
informal committee would determine who would be the best county official
to lobby a particular state legislator or a particular county issue during the
upcoming session. Hawaii County Mayor Kenoi expressed support for this
concept and opined that this four county point persons committee would
be the counties' lobbying team.
Maui County Council Chair Baisa opined that HSAC's legislative package
should be coordinated with Hawaii Council of Mayors (commonly known
as HCOM).
Hawaii County Mayor Kenoi queried whether the other counties suffered
from issues stemming from the extremely poor condition of the state parks
located in their counties. He used the example of Mauna Kea State Park
which has the only comfort station along the 55 mile stretch of Saddle
Road which spans between Waikoloa and Hilo. He commented that
Mauna Kea State Park has only one bathroom stall and no sinks, He
opined that Hawaii County residents and visitors deserve better facilities.
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Maui Mayor Arakawa and Treasurer Victorino agreed with Hawaii County
Mayor Kenoi's statements.
This item was received and filed.
VIII. ANNOUNCEMENTS
A. Schedule next meeting.
The next Executive Committee meeting was scheduled to be held on
October 22, 2013 at Honolulu Hale.
The next General Membership meeting was scheduled to be held on
October 22, 2013 at Honolulu Hale.
B. Other announcements.
There were no other announcements.
IX. ADJOURNMENT
The meeting was adjourned at 2:46 p.m.
Very truly yours,
6'=':'2'2',
STANLEY CHA
Secretary
Hawaii State Association of Counties
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