HomeMy WebLinkAboutCOM 0029.006 2020-2022 n �Ji1,p
HEATHER a� L. KIMBALL *tl® m� Contact information
Council Member (808)961-8828
Chair, Committee on Governmental Operations, ° ° =aye°ems (808)961-8018(staff)
Relations and Economic Development W4" heather.kimball@hawaiicounty.gov
Council District 1
A AI'I COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street, Suite 1402 "
Hilo, Hawai`i 96720
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DATE: December 7, 2021 >rrl
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TO; Maile David Council Chair and
Members of the Hawaii County Council
FROM: leather Kimball, Council Member
SUBJECT: Minutes of the lawai`i State Association of Counties Executive Committee Meeting
held on October 26, 2021
Please find attached minutes of the lawai`i State Association of Counties Executive Committee
Meeting held on October 26, 2021.
Please place this matter on the agenda for the next available Governmental Operations, relations and
Economic Development Committee.
Mahalo
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Ref. Date - 7 202
Hawai`i County is an Equal Opportunity Provider and Employer
a al 1 Stag Association of Counties (HC)
Counties of1Caua`i, Maui, awai`i, and City & County of Honolulu
Website: hgWPd(aAJ, 0.YI.. iCS.L yr9 �llill�� � V a C wu�woD altg a'o"P
MINUTES
HSAC EXECUTIVE COMMITTEE MEETING
TUESDAY, OCTOBER 26, 2021
10:00 A.M.Vla Zoom Videoconference
1. CALL® TO ORDER
The meeting was called to order by CM Chock at 10:00am
In attendance:
Council Members- Tommy Waters, Kelly King, Mason Chock, .Heather
Kimball, .Felicia Cowden, Tamara Paltin, Bernard Carvalho, KipuKai
Kuali`i, .Rebecca Villegas, Tamara Paltin
MSAC Lobbyist, Jon Okudara; and,
Others: James Forrest, Kamakana Watanabe, Tlahelani Webster Parsons,
Aida Kawamura, Axel Beers, George White, Kasie Takayama, Sean
Lester, eJuta Mueller, Elisa Bluml
II. APPROVAL OF AGENDA
Agenda was approved as amended with nes objections.
III. MINUTES
a. September 23, 2021, Executive Committee Meeting
b. September 29, 2021, Special Executive Committee Meeting
Approved with no objections.
CM Chock allowed for testimony from the public (6 minute max) regarding a
Maui bill to allow county regulation of noise nuisance to be stricter than DOH
rules.
Sean Lester (start 10.06) - know the bill is not perfect, but can be worked on at the
legislature. Allow .For the county regulation of noise nuisance stricter than DOH
rules. Requesting to keep the bill in the package. Have done sound recordings
working with world class experts. All farmers who have been there for many
generations, always able to work together, tight neighborhood of agriculture, farmers.
Does not represent a specific organization - helping the community as it impacts his
family and friends helping pro Bono.
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October 26, 202 1, 11S.A.0 Meeting Minutl-es Page 12
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Jutta Dueller - 22 yr resident of the area -building up Plumeria plantation Ag LLC
severely impacted by operation next door, asking to keep bill in the package - would
help other neighborhoods to keep the bill in the package
Elisa Bluml - direct neighbor to the CBD farm which started several years ago, the
farm has a huge fence which makes their home unlivable 24/7. Cannot sleep in their
house,
IV REPORTS
a. Treasurer's Report
As of September 30, 2021:
The balance in the primary HSAC account is $128,751.45.
The balance in the HSAC conference account is x'52,997.19.
Total deposit account balances is $181,748.64.
The Treasurer's Report for audit was accepted with no objections.
CD Chock:Question on increased membership fees and checking on sending out
an invoice, request to follow up via email.
CD Waters: No update at present, will follow up.
b. County Reports:
1. County of Hawaii
CD Kimball: had first reading of TAT bill, still in committee, expecting some
adjustments of where the money will go, will save discussion for discussion on the
bills.
2. County of Kauai
CD Chock: Have passed the TAT bill, continue to look at where the X91 funds will
be placed, save packet discussion to later in agenda.
3. County of Maui
CD King: Passed TAT surcharge on Oct 1, pushed start date to Nov 1 to give county
a month to prepare for it. Leaving in 2 days to attend COP 26 Global Climate
Change conference in Glasgow as a delegate for the US.
4. City and County of Honolulu
EA
October 26, 2021q SAC Meeting Minutes Page 13
CM Waters: Still working on 3% of TAI, rocky as trying to dedicate some of that to
rail, working their way through it.
c. NACo Report
CMKuali`i: Had a board meeting on the 14th, will compile and send notes
electronically. Next board meeting is in December. Leg conference coming up Feb
12 -16 in Washington D.C. Where we bring the legislative packet from NOCo
packet that is put together throughout the year, voted on at the annual
conference. Will continue to send the NACo top 10 updates. American Rescue
.Plan 53011, gives more flexibility to local governments on how we spend
American Fescue Flan funds - still has to pass the Douse, passed the Senate.
Will send resources and links to NACo blog which is doing the analysis on
legislation and their ongoing resource hub on dealing with coronavirus.
d. WIR Report
CMKing: asked 2 other members to report who attended WIR conf. Many people are
pushing for gas, oil,and coal. Suggestion to mine the grand canyon. When the official
notes come in, will forward the notes to the board. Next WIR conference - conf is
annual but the board meets monthly. WIR May 13 - 20 2022 Anchorage Alaska
e. Executive Assistant Report
EA Parsons: Working on meeting with each EC member individually to identify roles
and responsibilities and how best to work together, how the EA can support. Goal is
to produce a document stating the roles and responsibilities of the EA in
collaboration with each EC member, and present it at the next meeting for approval.
CM Chock: fleeting with EA on a weekly basis, a lot of activity happening, met with
George and Kamakana to discuss by-laws.
Motion to receive reports approved with no objections.
V NEW BUSINESS
a. Discussion and consideration of proposals for inclusion in the 2022
SAC Legislative Package:
1. Maui - Resolution 21-148.
APPROVING FOR INCLUSION IN THE 2022 HAWAI'I STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE BILL TO LOWER THE SIZE THRESHOLD FOR
October 26, 2021.9 HS.AC Meet:ii. .g Minutes Page 1 4
HOMES THAT ARE CONSIDERED A "DEVELOPMENT"
UNDER THE COASTAL ZONE MANAGEMENT ACT.
CM King: because the current threshold is 7500 sq ft, the proposal would lower it to
5000 sq ft. Issue is homes that are just under 7500 sq ft limit that are getting an
SMA minor: Rying to get a handle on the homes built within the SMA.
CM Paltin: in Colorado started with 5000 sq ft houses, with climate change prefer
not to build big houses. 1"rying to get it down to a 5000 sq ft for an SIUA exemption.
Approved as a bill for the MSAC legislative package.
2. Maui - Resolution 21-149.
APPROVING FOR INCLUSION IN THE 2022 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE BILL RELATING TO THE USE OF INTOXICANTS
WHILE OPERATING A VEHICLE
CM King: this bill came from the police department as well as SHOPO, would lower
the league limit from .08 to .05. First year this was passed in another state, drunk
driving decreased 40%.
Jon Okudara:A reminder that all bills were introduced last year and it is difficult to
track 14 bills at one time. We may make things more difficult if we introduce so
many issues. May need to communicate support in other ways.
CMKing: we discussed that bills that rolled over were not automatic re-endorsement
so we would introduce them again. Plan to endorse it from HSAC showing county
council support.
CM Kimball: gISAC package could have priorities listed as well as legislative bills.
Packets could have legislative priorities as well as bills in the `package':
CM Chock: When timeline was created, one option was to support it as legislative
priority versus a bill. Question as to how to validate the legislative priorities, hope
for the future is to take advantage of legislative priorities collected and sent out to all
councils to approve.
CMKing: motion move to include this issue as a legislative priority.
CM Chock.Request some communication to go back to Maui county regarding it
being introduced as a bill and now it is a legislative priority.
Approved as a legislative priority for HSAC.
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October 20., 2021, HSAC Meeting Minutes Page 15
3. Maui - Resolution 21-150.
APPROVING FOR INCLUSION IN THE 2022 HAWAI'I STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE BILL TO ASSESS A CLIMATE CHANGE MITIGATION
IMPACT FEE FOR TOURISM-RELATED VEHICLES.
CMKing: Help focus the rental car industry on renewable energy. Help climate
change and emission reductions.
Jon Okudara: question about the construction of the bill. Rental motor vehicles
regulated under Z7CC19 - need to clear up ambiguity over who administers it and who
collects it. Needs some work but the concept is there.
Kasie Takayama: DLN.R was named because it was named in HB 433.
CMKimball:Is the bill still alive and making progress, do we need to introduce
another bill?
Jon Okudara:
httt)s://www.caDitol.hawaii.--ovImeasure indiv.aspx?billtvpe=l4E&billnumber=43
CM King would like to introduce a new bill in both chambers. Sen. Gabbard priority.
Environmental and tourism fees are a top priority.
CMKimball: Question about making a carve out for alternative energy vehicles.
CMKing: Push would be for alternative fuel vehicles.
Approved as a bill for the HSAC legislative package.
4. Maui - Resolution 21-151.
APPROVING FOR INCLUSION IN THE 2022 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE BILL TO ESTABLISH A GREEN FEE SURCHARGE
ON TRANSIENT ACCOMMODATIONS
CMKing: there will be several iterations of this bill, companion to the rental car bill.
One way to address emissions that come from tourism. CMKing will be gone until
Nov 14, attending COP 26. This will be on the priority list for states and local
governments.
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October 26, 2021, IISAC Meeting Minutes Page 1 6
CM Waters: Question green fee can be raised from $5-x'10 yearly? The legislature
would then have to come back yearly to review.
CM King: It is in the bill as a placeholder only.
CM Kimball: Questions about the bill, ambiguity around the phrase and
grammatical errors.
Jon Okudara:First time seeing a surcharge on TAT. Has not seen any iterations of
this bill introduced elsewhere. Could say an amount allocated based on the
priorities, under the law. Concern about imposing something like this could impact
the county TAT, May face opposition from DOTAX on how to allocate the surcharge.
Also test for creating surcharge.
CM Chock: On board with vehicle surcharge,but would a better vehicle be an
amendment to TAT
Jon Okudara: could put it under the current TAT law, and then identify allocation to
this special fund and identify what would the fund be used for.
Kasie Takayama: The bills originate off of SS666 and HP805, with amendments
from Dr. Feeney
CM King: Difference between TAT and expansion of that and this bill even though it
applies to transient accommodations. Suggest to put in as a bill as there isn't one
currently. Suggest to leave the amount blank for now.
CM Waters: Clarifying this is money that goes into a state fund versus city fund.
George White:Provide
CM King and Kimball: Plan for Jon Okudara to provide revisions below by.Friday.
Revisions
1. Fee structure
2. Change will to may
3. Remove the dollar amount
4. Make revisions,pg 7, line 9, - no need to give that authority - remove.
5. Check HRS references are correct
CM Chock: Plan to take an email vote on .Friday once the revised version comes out.
CMPaltin to take the vote on behalf of CM King due to CM King absence for COP 26.
Approved as a bill for the HSAC legislative package.
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October 26, 2021, :1I SAC Meeting Minutes Page 9 7
5. Maui - Resolution 21-152.
APPROVING FOR INCLUSION IN THE 2022 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE BILL RELATING TO TRANSIENT
ACCOMMODATIONS HOSTING PLATFORMS
CM King: desire to regulate the platforms, not sure if can regulate private business.
Had several residents receive letters if they have a long term renter to kick them out
and then participate in short term rentals. Dousing summit by Sen Shatz - attorney
general was not sure who has ability to regulate hosting platforms.
Jon Okudara: There are two bills already introduced which carry over.
CM King: suggest approval as legislative priority.
CM Chock:Kauai is taking a different approach working with the hosting platforms.
CM Kimball: Concern with TAT is about collecting from vacation rentals.
Approved as a legislative priority for HSAC.
6. Maui - Resolution 21-153.
APPROVING FOR INCLUSION IN THE 2022 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE BILL TO INCREASE THE MINIMUM WAGE
CM King: Recognize if want to make it a legislative priority as there are other bills,
important to show support as an organization.
Jon Okudara: SB676 is moving - does not see it is a county priority. Question from
the restaurant association, impact on employees. Raising the minimum wage for
employees affects the back end employees too.
Approved as a legislative priority for HSAC.
7. Honolulu - Resolution 21-213.
RELATING TO THE INCLUSION IN THE 2022 HAWAII
STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE OF A PROPOSAL THAT WOULD AUTHORIZE
THE COUNTIES TO IMPOSE ADDITIONAL FINES BEYOND
Page 1 8
October 20 202:ll. I�SA.0 :C�/iee�,i.n�` 1°a/IaC:outes y r
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THE FINES PROVIDED BY THE STATEWIDE TRAFFIC
CODE AND APPORTION THE REVENUES COLLECTED
FROM SUCH FINES TO THE COUNTIES WHERE THE
VIOLATIONS OCCURRED,
CM Waters: revenue generating ideas. Unadjudicated traffic fines,
CM King: Question about whether taking the unadjudicated fines the county would
then incur other charges.
CM Waters: Mould end up sharing the cost.
CM Chock: Supportive of moving in this direction as outer islands often take on
more, difficult to get reimbursed, would generate building capacity in these areas.
CMKimball:Interested in this idea.
Approved as a ball for the HSAC legislative packages
8. Honolulu - Resolution 21-235.
RELATING TO THE INCLUSION IN THE 2022 HAWAII
STATE ASSOCIATION OF COUNTIES' LEGISLATIVE
PACKAGE OF A PROPOSAL THAT WOULD ADDRESS
ISSUES RELATED TO ADMINISTRATION AND
ENFORCEMENT OF THE COUNT' TRANSIENT
ACCOMMODATIONS TAX AND AUTHORIZE THE STATE
DEPARTMENT OF TAXATION TO ASSIST THE COUNTIES
WITH THE TAX COLLECTION.
CM Waters: Fixes HB862. Creates the ability to collect the 3%. Added in lifting the
3% tax on the amount that each county can impose on the TAT We have limited
ability to generate revenue at the county level. Hopefully lower taxes for local people.
Gives each county flexibility.
Ion Okudara: Under the current TAT law they create separate accounts. Will look at
the language and send revisions.
Approved as a bill for the HSAC legislative package.
ADDED TO AGENDA
Maui - Resolution 21-145.
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October 26, 2021, I-ISAC Meeting Minutes ][-'age 19 ,
APPROVING FOR INCLUSION IN THE 2022 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A
STATE RILL TO ESTABLISH CRIMINAL OFFENSES OF
UNLAWFUL CLOP SHOP ACTIVITY,
CM Paltin: recurrence of 2013 bill of illegal chop shops, creating felony penalties.
Catalytic converter theft on Maui. Establishes more stringent penalties. Douse dill
33 (2013) and Senate Pill 354 (2013).
CM Chock: Seeing the same thing on Kauai.
CM Kimball: Is there evidence that increasing these fees eliminates the chop shop
problem?
CM Paltin: Not increasing fees, increasing the penalties.
CM King to move to approve.
Approved as a bill for the HSAC legislative package.
Maui Resolution.
RELATING TO LIFEGUARD IMMUNITY
CM Paltin: State entered into a memorandum of understanding with Maui county to
re-open Makena beach. It was $1.5M and now it is only $750,000. Now is the time to
push for immunity.
CM King: Has not yet passed the Maui council due to technical difficulties. Next
Maui council meeting is November 5.
Jon Okudara: This was introduced not last year but the year before as Kauai
priority.
George White: There is an option to adopt a resolution during HSAC EC meeting as
long as agreement amongst all EC members.
Approved as a bill for the HSAC legislative package.
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October 26, 202'1, HSAC Meeting Minutes : "age 1 10
Honolulu Resolution 21-236.
RELATING TO THE INCLUSION IN THE 2022 HAWAII
STATE ASSOCIATION OF COUNTIES' LEGISLATIVE
PACKAGE OF A PROPOSAL THAT WOULD AUTHORIZE
THE COUNTIES TO EMPLOY A POWER OF SALE TO
COLLECT UNPAID CIVIL FINES, FEES, AND CHARGES, OR
CLEAN-UP AND REMOVAL COSTS FOR A PUBLIC
NUISANCE OR VIOLATION OF CERTAIN COUNTY
ORDINANCES.
CM Waters: Honolulu City Council approved 21-236Reso. Half a million dollar fines
go unpaid, and it is a long process. Have to go through the courts. Folks get away
with not complying with the law, corp counsel could come in and foreclose on the
properties. This would encourage them to comply and would not have to go through
this process. If they have not paid their fines in 3 years, then they get a lien.
George White:Adds non judicial foreclosure powers to the counties authorities under
HRS 46-1.5. Allows departments like IPP to take action upon liens via non judicial
foreclosure. Allows the county to non judicially foreclose on set fines and liens they
have in place.
CM Kimball: OK to include, will run it by council.
CMPaltin: discussion on whether this would impact and create more homelessness if
can foreclose without a judicial system.
CM Waters: Honolulu has been reducing the fines. Seems that it is not that they
cannot pay the fines, but they refuse. Could be a tool for short term rentals as well.
CMPaltin: Would be a discretionary authority, not mandatory.
CM Waters: Could put in triggers into the bill so that it only activates after a certain
point. The DPP requested the bill.
CMPaltin: Work in the triggers into the bill language for next year.
CM Waters: Withdraws the measure. No further action.
Honolulu Resolution.
URGING THE LEGISLATURE AND GOVERNOR TO MAKE
JUNETEENTH A STATE HOLIDAY OR ENCOURAGING THE
EXECUTIVE AND LEGISLATIVE BRANCHES OF CITY
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October 20, 2021, HSAC Meeting Minutes Plage 11
GOVERNMENT TO GRAFT ADMINISTRATIVE LEAVE TO
OBSERVE JUNETEENTH.
C1 King: are there financial implications? Does this remove a state holiday or add a
new one?
George White, No removal. Federal government declared Juneteenth a national
holiday.
CMPaltine Maui council supported a resolution in the past on this topic.
https://www.mauicounty.gov/DocumentCenter/View/123831/11eso-20-11e5?bidld=
Approved as a bill for the HSA ' legislative package®
9, Hawaii - Resolution 238-21.
A RESOLUTION SUPPORTING ADDITION OF AN ITEM
TITLED "AMENDING THE SUNSHINE LAW, PART I OF
CHAPTER 92, HAWAII REVISED STATUTES, T ENHANCE
THE CAPACITY OF COUNTY COUNCILS TO DEVELOP
EFFECTIVE PUBLIC POLICY WHILE ASSURING
TRANSPARENCY AND CITIZEN PARTICIPATION IN LOCAL
GOVERNMENT" FOR INCLUSION IN THE 2022 HAWAII
STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE.
CMKimball:Introduce as a legislative priority in hope IISAC can support in
general. Need more time to finalize language, maybe a bill by Dec.
CM Waters: sunshine law impacts us all, needs more time to work on legislation.
CM Kimball: Intent is to draft a bill and move this legislative priority and add to
package after session has begun
Approved as a legislative priority for HSAC.
10. Hawaii - Resolution 239-21.
A RESOLUTION SUPPORTING ADDITION OF AN ITEM
TITLED " DEVELOP AN INNOVATIVE APPROACH TO
SECURE FUNDING FROM THE STATE OF HAWAII TO
ADDRESS THE COUNTIES' WASTEWATER NEEDS" FOR
October 20 2 SAC,
021, J�In Meeting Minutes l�'`�,ge 112
INCLUSION IN THE 2022 HAWAI°I STATE ASSOCIATION OF
COUNTIES LEGISLATIVE PACKAGE.
CM Kimball: Fast bill did not consult with labor unions and was modelled after the
Maui memorial bill but replaced language with wastewater. Need to work on the
draft language. Reconvening with EPA, labor unions, trying to find a path forward
to address the wastewater for all islands. bill not ready yet, asking HSAC to support
it as a legislative priority.
Approved as a legislative priority for HSAC.
11. Hawaii - Resolution 240-21.
A RESOLUTION APPROVING A STATE BILL RELATING TO
REGISTRATION OF VEHICLES FOR INCLUSION IN THE
2022 HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE.
CMKimball: this bill lifts the x'10 cap on the registration fees for highway
beautification.
Jon Okudara: The reason this is here is to address the cost on abandoned vehicles.
Based on county requirements, can each raise it to what they need based on storage
cost, etc.
CM Chock: Important one for Kauai county and important for abandoned vehicles.
Approved as a bill for the HSAC legislative package.
b. Communication (10/5/20201) from HSAC President Chock, submitting
a proposed amendment to the FY 2021-2022 HSAC budget to address
the HSAC Executive Assistant position.
Approved with no objections®
c. Discussion and consideration of the HSAC Executive Committee slate
of officers for the term beginning January 1, 2022.
CM Chock: understanding that the plan is to continue with the same roles for next
year. If CM King steps down, CM Paltin will fill in and Maui will get another
alternate. Clarify the ending of the term is .December. Will present at the next
meeting.
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October 26, 2021, .F..SAC Meeting Minutes .Page 1 13
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CIU King: OK to say on as V
CM Kimball: 31st of January is the official deadline to propose the slate by, then it
goes to the council for approval.
Received, approved with no objections.
d. Discussion and consideration of a letter to Governor Ige from IISAC
thanking him for allowing the State Department of Finance to provide
valuable feedback to the counties on our Transient Accommodations
Tax Bills and assist the counties with figuring out workable solutions
for calculating and collecting these funds.
CM Kimball: Letter is a mahalo to the Governor as the Department of Taxation
helped out a lot.
Received, approved with no objections®
Miscellaneous Discussion
CM Chock:Add to future agenda need to clarify what is a legislative priority and
what is legislative proposal.
CM Kimball: Hawaii County needs legislative packet by Nov 9th in order to approve
it.
CM Chock: Will aim to have it out by Nov 5th. Will schedule a meeting with the
Senate President to discuss the legislative packet.
CM Caters: Oahu has full council Dec 1.
VIm OLD BUSINESS
No items.
VII. ANNOUNCEMENTS
a. NACo upcoming webinar CvbersecurityAttack Simulation, 11/9 - 12/1.
b. Scheduling of the next Executive Committee meeting
Next meeting November 23, 2021, 10 am.
December meeting, December 9, 2021, 10 am.
VIII. ADJOURNMENT
The meeting was adjourned by CM Chock with no objections.
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October 26, 2021, HS.AC Meeting Minutes Page 14
Council Member Heather Kimball
Secretary, Hawaii State Association of Counties