HomeMy WebLinkAboutCOM 0029.010 2020-2022 vMTY OF k
HEATHERA *�< <� Contact Information
Council Member (808)961-8828
Chair, Committee on Governmental Operations, •+';, (808)961-8018(staff)
Relations and Economic Development r''E oF'i+r�* heather.kimball@hawaiicounty.gov
Council District 1
HAWAPI COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building C r '
25 Aupuni Street, Suite 1 402
Hilo, Hawai`i 96720
DATE: June 6, 2022
TO: Maile David, Council Chair and
Members of the Hawaii County Council
FROM: 12 �- Heather Kimball, Council Member
SUBJECT: Minutes of the Hawaii State Association of Counties Executive Committee Meetings
held on March 29, 2022 and April 21, 2022.
Please find attached minutes of the Hawaii State Association of Counties Executive Committee
Meeting held on March 29, 2022 and April 21, 2022.
Please place these matters on the agenda for the next available Governmental Operations, Relations
and Economic Development Committee.
Mahalo
HK:byt
Comm. _
Ref. To
Ref. Date 8 2022
Hawai'i County is an Equal Opportunity Provider and Employer
® "t ASS�f
ai`i State Association of Counties C
Counties of Kauai, Maui, Hawaii, and City &County of Honolulu
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MINUTES
HSAC EXECUTIVE COMMITTEE MEETING
TUESDAY, MARCH 29, 2021
04:00 P.M., or soon thereafter
Via Videoconference
Zoom link
Meeting ID: 894 2898 2341
Passcode: 549505
City and County,of Honolulu
530 South King Street, Room 202, Honolulu, aai`i 96813
County of Hawaii
25 Aupuni Street, Suite 2409, Hilo, Hawaii 96720
County of Kauai
4396 Rice Street, Lihu`e, Kauai, Hawaii 96766
County of Maui
200 S. High Street,Wailuku,,Maui, Hawaii 96793
I. CALL TO ORDER
II. APPROVAL OF AGENDA
Motion to approve the agenda with exception to moue the legislative report up front.
Legislative Update
STATUS OF HSAC BILLS 41712022
HOUSE BILLS
HB 1447 HD2 RELATING TO LIFEGUARDS
Provides that any person qualified as a county lifeguard who renders rescue,
resuscitative, or other lifeguard services, without remuneration or expectation of
remuneration, on a beach or in the ocean in the scope of the person's employment as
March 20, 2022, HSAC Meeting Agenda Page 1 2
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a county lifeguard, shall not be liable, and the employing county shall
not be liable, for any civil damages resulting from the person's act or omissions while
providing rescue, resuscitative, or other lifeguard services, except as may result from
the person's gross negligence or wanton acts or omissions.
Passed First Reading;referred to JHA, FIN
Reported from JHA as HDI;passed Second Reading; referred to FIN
Reported from FIN as HD2;passed Third Reading
Passed First Reading in the Senate; referred to LCAI VO, JDCI W)
No action by LCAI GVO
HSAC submitted testimony to propose amendment of IIB 1447"to re-enact Act
170, Session Laws of Hawaii 2002, which exempted county lifeguards from the
liability of any civil damages resulting from any act or omission while
providing rescue, resuscitative, or other lifeguard services as a county
lifeguard,"and proposed a revised draft of HB 1447
Only one testimony was submitted in opposition to HB 1447.
HB 1447, HDI is the revised draft proposed by HSAC.
HB 1447, HD2 by FIN defects the effective date.
HB 1448HD2 RELATING TO TRAFFIC FINES.
Authorizes each county to establish a county highway enforcement program;
designate sections of each county as subject to a surcharge; and establish a fund for
the deposit of the surcharge and related penalties. Requires annual reports on the
status and progress of the program. Imposes a surcharge for illegally stopping,
standing, or parking vehicles on county highways to be distributed to county police
departments. Requires each county's share of related penalties to be remitted to the
appropriate countypolice department. Effective 71112050. (HD2)
HB 1448(As originally introduced)
Authorizes the respective counties to impose and collect fines for violations of
the Statewide Traffic Code, in addition to the fines imposed by the State under
Chapter 291C, HRS.
Passed First Reading; referred to JHA, FIN
Heard by JHA 0210212022;deferred until 0211612022
Reported from JHA as HDI;passed Second Reading; referred to FIN
Reported front FIN as HD2;passed Third Reading
Passed First Reading in the Senate; referred to GVOI TRS, JDCI WAM
March 29, 2022, H S.AC Meeting Agenda Page 1 3 ZC _
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No action by GVOITRS
Public Defender, opposed.
Hawaii Ransportation Association, opposed.
Judiciary: "...concerned that if passed this measure will cause significant
impacts to the courts traffic divisions'; "...the Judiciary would be required to
create a new citation form "thirty days after the effective date of the county
ordinance...'; "...significant modifications to the Judiciary Information
Management System (DIMS) will have to be made in order to create a "county
fine code" field especially if there will be different amounts per county then
individualized county fine code fields will need to be created."
Tax Foundation of Hawaii: `:..If the intent is revenue sharing, however, a
better way would be to amend this same section to pay over a certain amount
of the state-collected fines to the county that prosecuted the violator."
HB 1448, HD1, was amended by JDC.
Authorizing the counties to establish a County Highway Enforcement
Program to enforce laws prohibiting or restricting the stopping, standing, or
parking of vehicles on county highways and provide for parking
improvements,
Authorizing counties to impose a County Highway Enforcement
Surcharge of $200, in addition to other penalties and fines, for violations of
laws prohibiting or restricting the stopping, standing, or parking of vehicles
on county highways to be distributed to the police department of the county
in which the violation occurred..."
Establishing a County Highway Enforcement Program Fund.
FIN amendments in HB 1448, HD2, include: changing the enforcement
surcharge to an unspecified amount and changing the effective date of the Act.
FIN also directed conferring with JHA to determine if there is a conflict with
the bill title "Relating to traffic roes" and the bill imposing an `enforcement
surcharge."
Considerations:
March 29, 2022, HSAC Meeting Agenda Fags 1 4
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Article III, section 14. "...Each law shall embrace but one
subject, which shall be expressed in its title." FIB 1448 — Relating to
traffic fines.
"Surcharge"— an additional tax, cost or similar compulsory
payment; `fine"— a pecuniary punishment of a person convicted of an
offense.
"Every enactment of the legislature is presumptively
constitutional, and a party challenging a statute has the burden of
showing unconstitutionality beyond a reasonable doubt."
Concerns of the Hawaii County Police Department
"After reviewing this measure with staff, we have some concerns and at this
time, would not be supporting the bill as written; in fact its the consensus that
we should actually oppose the measure. We can appreciate the fact that the
Legislature is recognizing that all of the fines collected for traffic violations
are deposited into the State General Fund and does not directly support the
County Police Departments who are conducting the enforcement, issuing the
citations, testifying in court, etc.
In the past there were measures before the Legislature seeking to have the fines
collected on uncontested citations to be sent to the County as opposed to being
deposited into the State General fund, which we believe would be more
appropriate. The way this measure is drafted will now support the argument
from the community that the police departments issue citations to pad their
budgets or have a quota of how many citations to issue to raise funds, as it
stands now with the current structure this is easily overcome, which is why the
uncontested citation fines were more acceptable.
Of concern with this measure is that it's not clear as to what will be expected
from the County Police Departments as it relates to "Establish a County
Highway Enforcement Program within each county police department..." as
currently all of the County Police Departments have the authority to enforce
March 29, 2922, HSBC Meeting Agenda Page 15 �<wTeASso��h
laws prohibiting or restricting the stopping, standing, or parking
of vehicles on county highways. Also what is intended by the County Police
Departments having to `provide for parking management-related
improvements': "
HB 14481HB 1448, HD2 Comparison
HB 1448 HB 1448, HD2 Comment
To authorize the counties to impose: HB 1448, HD2 limits the county
impose and collect fines for establishment of a surcharge for
statewide traffic code violations. Authorize counties to establish a parking violations to county
county highway enforcement and highways.
parking management program
improvement program HB 1448 authorized the counties to
prohibiting or restricting parking impose fines by ordinance for any
on county highways; violation of state traffic laws.
Authorizes a county enforcement
surcharge for violations of laws
prohibiting or restricting parking
on county highways;
Distributes the fines collected to
the county police department.
Amends§291C-171,HRS,to:
Amends Chapter 46, HRS, to
Authorize the counties to authorize the counties to:
impose, by ordinance, Establish a highway enforcement
additional fines for violation of program prohibiting or
traffic laws; restricting parking of vehicles on
Require the TVB to prepare designated sections of county
citation forms, collect the fines highways,and
for the counties, and remit the Provide parking
fines semi-annually to the management-related
county finance director; improvements.
Allows the person receiving the
citation to contest the fines. Requires notice of county highway
designation to the judiciary and the
district courts; judiciary to prepare
citation books
Amends §29ZC-111, HRS,
authorizing the counties to charge a
$200 surcharge for violation of
prohibition or restriction of parking
on a,county highway;and authorizes
the counties to designate specific
sections of county highways subject to
violations.
Requires surcharge revenues to be
annually distributed to county police
departments.
March 29, 2022, HSAC Meeting Agenda Page ( 6 ,stp`EAS�°r,9
HB 2026 HD2 SD2 RELATING TO CHAPTER 92 HAWAII REVISED
STATUTES.
Adds definitions for "board business" and "informal gatherings". Specifies that a
board may prepare and circulate amongst members a statement on a position
previously adopted for purposes of submission to the legislature when notice by the
legislature is insufficient to interact in any other permitted manner. Outlines when
board packets must be available to interested persons. Requires the application of the
sunshine law to all adjudicatory functions concerning land use.
Passed First Reading; referred to GVR, JHA
Reported from GVR as HDI;passed Second Reading; referred to JHA
Reported from JHA as HD2;passed Third Reading
Passed First Reading in the Senate;referred to JDC
Reported from JDC as SDI
Passed Third Reading in the Senate
House disagrees to Senate amendments
GVR made style technical amendments and defected the effective date
OIP commented that the proposed changes are minor and not inconsistent
with the current law, and further commented on how the changes proposed by
HB 2026 would change current law and the potential effects of the changes:
One proposal "...would simply replace the term `chance meeting"with the term
`informal gathering," leaving the definition and function the same,"and having no
impact on the law's operation;
Addition of a statutory definition of"board business"would effectively codify
the definition of "board business"that OIP adopted in an opinion over twenty years
ago;
OIP does not oppose the proposal relating to permitted interaction/comment
on testimony, and believes the Legislature must decide whether it represents an
appropriate balance between boards' expediency and the public interest in access to
government boards'discussions and decisions;and
Requiring any board packet be available at least 24 hours before public
testimony, OIP has some technical concerns with the requirements and proposes a
March 29, 2022, HSAC Meeting Agenda Page 17
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question for the Committee on whether a firm deadline for board packet
should be created.
01Pproposed technical amendments.
Testimony in support submitted by Councilmember Kimball, the Civil Beat
Law Center, League of Women Voters, Society of Professional Journalists, and
Common Cause.
FIN amendments include:
Clarifying amendments
Clarifying that boards packets are not required to be created;and
Technical amendments.
JDC amendments include:
Deleting language relating to adjudicatory functions relating to
land use
Clarifying board packets are distributed to board members not
later than 48-hours prior to a meeting, and also made available to the
public.
MINIMUM WAGE
HB 2510 HD2 SD 1 RELATING TO INCOME.
Makes the state earned income tax credit refundable and permanent. Provides for
carryforward of nonrefundable credits previously claimed. Incrementally increases
the minimum wage and tip credit beginning 11112023.
Passed First Reading; referred to LAT, FIN
Reported from LAT as HD1;passed Second Reading; referred to FIN
Reported from FIN as HD2;passed Third Reading
Passed First Reading in the Senate; referred to LCA, WAM
Reported from LCA as SD1;passed Second Reading in the Senate; referred to WAM
Reported from WAM unamended;placed on the calendar for Third Reading
LCA deleted the earned income tax credit language; replaced the minimum
wage increase schedule with the provisions in SB 2018; reduced the tip credit
to 35 centslhour beginning 101112022 and 0 centslhour on 11112026
March 205 20229 HSAC Meeting agenda Page I 8 --of"
SENATE BILLS
SB 2048 SDI HDI RELATING TO UNLAWFUL CHOP SHOP ACTIVITY
Establishes the criminal offenses of unlawful chop shop activity in the first and
second degrees. Provides for the forfeiture of property connected with chop shop
activity. Defines "chop shop."
Passed First Reading; referred to JDC
Reported from JDC as SDI;passed Second Reading
Passed Third Reading
Passed First Reading in the House;referred to CPC, JHA
Reported from CPC as HD1;passed Second Reading in the House; referred to JHA
JDC amendments include:
Establishing unlawful chop shop activity as a misdemeanor,-
Deleting
isdemeanor;Deleting the language creating illegal chop shop activity in the first and second
degree;
Revising the purpose section; inserting an amended effective date; and technical
amendments.
Testimony submitted in support by the Prosecuting Attorney, City and County
of Honolulu: `,,,we believe existing laws may already address such activity,
and with lower thresholds for prosecution."
"..."theft" includes multiple ways of obtaining or exerting
unauthorized control over property, and includes intentionally
receiving, retaining, or disposing of stolen property"(§708-830.5);
§708-836 ...if someone intentionally or knowingly drives or
otherwise controls a stolen vehicle, that person would be subject to
Unauthorized control of a propelled vehicle in the first degree (class C
felony);
x'708-836.1 "...[ujunauthorized control of a propelled vehicle in
the second degree (misdemeanor)
§708-838 "...removal of identification marks (misdemeanor)
March 295 2022, HSAC Meeting Agenda Page ( 9 �ySP1EAS
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Testimony of Councilmember Paltin (Maui County):
Chop shop activity promotes an environment as described in the
broken window theory. The broken windows theory states that if visible
signs of crime or civil disorder goes untreated, citizens will withdraw
from the community, causing a loss of informal social control and an
increase in criminal activity for that area. Broken windows policing is
the practice of regulating low-level crime to prevent widespread
disorder from occurring by making neighborhoods appear to be more
cared for.
...chop shop activity contributes significantly to the number of
abandoned vehicles on the streets...
Chop shop locations are known but are not being dealt with
because low penalties make them low priority...
Testimony of Councilmember Lee (Maui County)
"There is currently no state statute covering the criminal
misconduct of chop shop activity..."
...Hawaii had the third-highest motor vehicle theft rate in the
nation.
CPC amendments include:
Making chop shop activity a class C felony rather than a
misdemeanor;and
Specifying that each act constitutes a separate offense.
BILLS OF INTEREST TO HSAC
HB 1411 HD2 SDI RELATING TO REGISTRATION OF VEHICLES.
Requires that the transferee's and transferor's address be provided on the certificate
of ownership when the title to a motor vehicle is transferred. Clarifies that the
signature of the transferee and the signature of the transferor each serve as an
attestation by that respective party as to the validity of the information on the
certificate of ownership. Specifies that providing false or fraudulent information
subjects a party to penalties.
Passed First Reading;referred to TRN, CPC
Reported from TRN as HD1;passed Second Reading;referred to CPC
March 20, 20229 HSAC Floating agenda Page 10 S�wsEA���.
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Reported from CPC as HD2;passed Third Reading
Passed First Reading in the Senate;referred to TRS, JDC
Reported from TRS unamended;passed Second Reading in the Senate; referred to
JDC
Reported from JDC as SDI;passed Third Reading in the Senate
House disagrees to Senate amendments
TRN made technical amendments; changed the effective date
CPC amendments include:
Clarifying that a person providing false information is subject to
a fine of not less than e$5 nor more than x'1,000;
Technical amendments.
Supported by Kauai Direct of Finance, Hawaii County Department of Environmental
Management, Maui Police Department, Hawaii Council of Mayors, and 11
individuals.
JDC amended the range of the fine to not less than $5 nor more than x'1,000.
HB 1412 HD2 RELATING TO ABANDONED VEHICLES.
Requires the counties to provide a minimum distance a vehicle must be moved within
a specified timeframe after a vehicle is initially inspected for abandonment to avoid
an official classification of abandonment. Requires that, before a vehicle can be
classified as being abandoned, notice be provided that the vehicle must be moved the
specified distance within the specified timeframe or be subject to removal.
Passed First Reading; referred to TRN, CPC, FIN
Reported from TRN as HD1;passed Second Reading;referred to CPC
Reported from CPC unamended;referred to FIN
Reported from FIN as HD2;passed Third Reading
Passed First Reading in the Senate;referred to TRS/GVO, FYAM
Reported from TRSIGVO unamended; passed Second Reading in the Senate;
referred to JDC
Reported from JDC as SDI;placed on the calendar for Third Reading
TRN made technical amendments.
FIN changed the effective date and made technical amendments.
March 29, 2022, HSAC Meeting Agenda Page I 11 gps�
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JDC changed the effective date.
Supported by Hawaii Council of Mayors, Maui Department of Environmental
Management, Hawaii County Department of Environmental Management, HSAC,
and 12 individuals.
HB 1413, HD2 SD RELATING TO ABANDONED VEHICLES.
Allows the director of finance of a county to require payment of outstanding charges
and fines owed to the county relating to the disposition of an abandoned vehicle
within the county by the registered owner of the abandoned vehicle before issuing a
certificate of registration or completing a transfer of ownership, except under certain
circumstances. Requires the county directors of finance to notify the appropriate
county examiner of drivers of individuals who have outstanding charges and fines
owed to the county relating to the disposition of an abandoned vehicle for the
purposes of suspending, revoking, or prohibiting the renewal of their driver's
licenses.
Passed First Reading;referred to TRN, CPC, FIN
Reported from TRN as HD1;passed Second Reading;referred to CPC
Reported from CPC unamended; referred to FIN
Reported from FIN as HD2;passed Third Reading
Passed First Reading in the Senate; referred to TRSI GVO, JDCI WAM
Reported from TRSI GVO unamended; passed Second Reading in the Senate;
referred to JDCI WAM
Reported from JDCI WAM as SD1;placed on the calendar for Third Reading
TRN made technical amendments.
FIN changed the effective date and made technical amendments.
JDCI WAM likely amended the effective date and made technical amendments.
Supported by Hawaii Council of Mayors, Kauai Director of Finance, Maui
Department of Environmental Management, Hawaii County Department of
Environmental Management, Kauai Police Department, HSAC, and 10 individuals.
HB 1414 HDI SDI RELATING TO ABANDONED VEHICLES.
Makes a person who is the registered owner of a vehicle that was deemed abandoned
or derelict subject to a tiered fine system.
Passed First Reading; referred to TRN, JHA, FIN
Reported from TRN as HDI;passed Second Reading; referred to JHA
Reported from JHA unamended; referred to FIN
Reported from FIN unamended;passed Third Reading
March 29, 2022, HSAC Meeting Agenda Page 1 12 g4asE �
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Passed First Reading in the Senate; referred to TRS, JDC1WAM
Reported from TRS unamended;passed Second Reading in the Senate; referred to
JDC1WAM
Reported from JDCI WAM as SDI;placed on the calendar for Third Reading
TRN changed the tiered fine system to apply to the third, fourth, and fifth violations;
made technical amendments;changed the effective date.
JDCIWAM likely amended the effective date and made technical amendments.
Supported by Maui Mayor, Hawaii County Department of Environmental
Management, Kauai Police Department, Maui Department of Environmental
Management, and 11 individuals;one person submitted testimony in opposition.
HB 1688 HDI, SDI RELATING TO REGISTRATION OF VEHICLES.
Subjects U-drive motor vehicles to the same motor vehicle registration fees as other
motor vehicles. Authorizes the counties to use certain motor vehicle registration fees
to mitigate and address the impacts of tourism-related traffic congestion.
Passed First Reading;referred to TRN, CPC, FIN
Reported from TRN;passed Second Reading; referred to CPC
Reported from CPC as HD1;referred to FIN
Reported from FIN unamended;passed Third Reading
Passed First Reading in the Senate; referred to TRSI GVO, WANT
Reported from TRSIGVO unamended; passed Second Reading in the Senate;
referred to WAM
Reported from WAM as SDI;placed on the calendar for Third Reading
Supported by County of Kauai, Kauai Department of Finance, Maui Councilmember
.Lee, Honolulu Department of Customer Services, Hertz, SanHi (Enterprise
Rent-A-Car, Alamo Rent-A-Car, National Rent-A-Car),
Maui Chamber of Commerce commented that `:..only the additional revenue from
the rental car registration be used for mitigating ...the impacts of tourism-related
traffic congestion",- Tax Foundation offered comments.
HSAC submitted testimony in FIN requesting "...that H.B. No. 1688 be amended to
remove the x$10 cap on the beautification fee that a county may charge for the
disposal of abandoned and derelict vehicles."
WAM changed the maximum amount a county may increase the additional motor
vehicle registration fee to an unspecified amount.
March 29, 2022, HSBC Meeting Agenda Page 1 13 gKasE�s
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IIB 18061JD2 SDI RELATING TO CESSPOOL CONVERSION.
Requires cesspools in the State to be upgraded or converted to a wastewater system
approved by the Director of Health before 11112050.
Passed First Reading; referred to EEP, CPC, FIN
Reported from EEP as HD 1;passed Second Reading; referred to FIN
Reported from FIN as HD2;passed Third Reading
Passed First Reading in the Senate;referred to HTHIAEN, WAM
Reported from HTHIAEN as SDI;passed Second Reading in the Senate; referred to
WAM.
Reported from WAM unamended;placed on the calendar for Third Reading
CPC amendment clarified that the upgraded or converted wastewater system be
approved by the Health Director.
Supported by DOH and three individuals;opposed by an individual.
FIN changed the effective date
HTHIAEN changed the effective date to `upon its approval"
SB 2096 SDI RELATING TO THE USE OF INTOXICANTS WHILE OPERATING
A VEHICLE.
Passed First Reading;referred to JDC
Reported from JDC as SDI;passed Second Reading
Passed Third Reading
Passed First Reading in the House;referred to JHA
JDC made amendments conforming to the lowered blood alcohol content threshold
and technical amendments.
Supported by DOT, HPD, HSAC, Sparks Initiatives, Hawaii Alcohol Policy Alliance,
MPD, Hawaii County Police Department, Maui County Council, MADD, National
Safety Council, and dozens of individuals.
Opposed by the Public Defender, Americana .Beverage Institute, Wine Institute.
SB 2764 SD2 HD3 RELATING TO SPECIAL MANAGEMENT AREAS.
Expands the exclusions from what is considered "development" in the special
management area to include:
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March 20, 2022, HSAC Meeting Agenda Page 14
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Public pedestrian and bicycle facilities;
Trash removal or invasive vegetation removal;
Installation of fencing;
Installation, maintenance, repair, and replacement of lighting fixtures and
equipment at public recreational facilities;and
Single-family residences with a floor area of 5,000 square feet.
Passed First Reading; referred to WTL, JDC
Reported from WTL as SDI;passed Second Reading; referred to JDC
Reported from JDC as SD2;passed Third Reading
Passed First Reading in the House;referred to WLA, JHA, FIN
Reported from WTL as HDI;passed Second Reading in the House; referred to JHA
Reported from JHA as HD2; referred to FIN
Reported from FIN as HD3
WTL reverted to existing language re demolition/removal of structures; made
clarifying amendments; inserting an amended effective date.
JDC made clarifying amendments.
WTL made technical amendments
JHA amended excluded development to include single-family residences with floor
area of 5,000 square feet
Supporting testimony submitted by DLNR, Office of Planning and Sustainable
Development, and Maui Councilmember King.
HSAC submitted testimony requesting that SB 2764 be "..further amended to
exempt from the definition of "development"single-family residences less than 5,000
square feet of floor area not:
Situated on a shoreline parcel;
A parcel impacted by waves, storm surges, high tide, or shoreline
erosion;or
Part of a larger development.
SB 2922 SD2 HD2 RELATING TO R URAL DISTRICTS.
March 29, 2022, HSAC Meeting agenda Page 1 15 EASg
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Beginning 71112051, authorizes the counties to adopt ordinances that
allow up to one house per quarter-acre in rural districts. Requires the office of
planning and sustainable development to conduct a study to refine rural district
policies, make recommendations to facilitate the reclassification of lands from the
agricultural district to the rural district, and submit reports to the legislature.
Appropriates funds.
Passed First Reading; referred to HOUIGVO, WAMI WTL
Reported from HOUIGVO as SD1;passed Second Reading;referred to WA111IWTL
Reported from WAHI WTL as SD2;passed Third Reading
Passed First Reading in the House;referred to HSG, WAL, FIN
Reported from HSG as HDI;passed Second Reading in the .douse; referred to WAL
Reported from WAL as HD2; referred to FIN
Reported from FIN unamended;placed on the calendar for Third Reading
OSPD expressed concern about increasing population density in rural districts prior
to a comprehensive study of policies and standards that may exacerbate unintended
residential sprawl; strongly supports a study refining policies for rural districts and
recommending ways to facilitate reclassification of lands from Agricultural to
Rural...
Land Use Commission opposed the bill testifying that the Legislature has "...already
provided a mechanism for the counties to increase the density of development on
Rural District lots in HRS 46-4(c) allowing counties to approve the construction of
two dwelling units on any lot where a residential unit is permitted."
WAL changed effective dates.
I1I. MINUTES
a. January 27, 2022, Executive Committee Meeting
Approved.
IV. REPORTS
a. Treasurer's Report
March 20, 2022, HSAC Meeting Agenda Page ( 16 EAS
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Balance in the primary HSAC account: $137,102.83
Balance in the HSAC conference account: $55,051.11
Total deposit account balance: $192,153.94
HSAC FY 2023 budget
Discussion:
EA: See attached for a draft budget based off of the last budget without making any
changes.
Request to look into the cost for lack of travel, budget, is calculated off of 12 meetings
in person each month. Making an adjustment here can save considerably.
One suggestion is to have each council pay the NACo dues directly versus through
HSAC.
CM King: Discussion on how much have we saved this past year in comparison to
2019 in terms of actual money spent on travel
EA: NACo dues are paid for from HSAC revenue. These are calculated based off a
formula of 0.02 c per person according to census data). If this cost was directly paid
for by each county then HSAC would save $27K in expenses.
Other options: revenue generating, increase in HSAC dues, counties to pay the NACo
dues directly, conference income can be increased, we can decrease the travel budgets.
CM King: Didn't all councils approve the $15K HSAC dues?
EA: CM King has spoken with each EC member and has their approval on
increasing dues to $15K.
In the past HNL has donated $40K additional to the budget which has allowed us to
balance out in the past.
March 20, 2022, HSBC Meeting Agenda Page ( 17
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CM Waters: Proposing that each county pay their own NACo dues, in a
sense the other islands have been subsidizing HNL. It would be fair for HNL to pay
more, one of the ideas being proposed to support the budget.
CM King: to clarify we are not saving money, in addition to our dues, we would pay
the NACo dues.
CM Waters: Yes, HSAC dues all increase to 15K, then the NACo dues would be less
for each county. HNL would pick up the $19K from the $27K.
CM Kimball: Our NACo budget was $27K, so now it will be coming directly from
each county. In addition to that we are going to pay another $5K in dues plus we are
paying the NACo dues. I think that is acceptable and reasonable from Hawaii
county.
In total Mauicounty would be paying $8K more.
CM Chock: Goal is a balanced and sustainable budget, yes everything is an increase.
Question is what is fair to move forward. To put it into context the annual conference
generated anywhere between 60-100K, so the question of where the funding was
coming from was never an issue. The goal here is to increase the revenues to the
actual and decrease some of the expenses. In addition we are looking for what is
reasonable for each person.
CM King.I now have to go back to the council to ask for additional money.
EA: Time frame: we have until April, we will work on the budget, share it with you
all and then it comes back to be approved by HSAC, then gets approved by each
county.
CM Waters: If we went back to paying $10K then what is the bottom line. Deficit
would be $174I. $174K divided by 4 = $43,500 each from each county. That is
another alternative. We need to increase revenues and decrease expenses.
CM Kimball. Regarding the conference, if everyone can get out there and bring in
sponsors we can increase our revenues.
March 29, 2022, HSAC Meeting Agenda Page ► 18 �S-
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Cllr King: We brought in really good experts for speakers. We had more
breakout sessions than ever before, if you cut back at the conference on some of that
then you can make more revenue than expense. Can also do virtual presentations
which saves a lot of money and do not have to pay for hotels, etc.
CM Kimball: One person they are looking at bringing in, who also works in HI so
they are going to try to be in HI at the same time. Got a $20K grant from HI RND.
Right now we are covered for conference expenses, so any additional sponsors would
be revenue.
CM King:I think you could bring in $25K in sponsorships.
CM Waters: Asking each county to raise $25K in sponsorship or selling registration
fees. Do we make any profit from the registration fees?
CM Kimball: Do not know off hand, do make a small amount off registration does
not cover food only.
CM King. How do we keep track of how many came from each island?
CM Kimball: We can see that on our end. Getting sponsors is a lot easier, we have yet
to approach the labor unions. Also talking about doing a golf tournament where we
can ask people to donate there.
CM Chock: The history and context is that each county who is responsible to host the
conference utilizes their own team and contacts. When Kauai is in charge of hosting,
we need to be clear about the direction / re-direction we are heading to. The golf
tournament is neutral ground where we can all pull together and it can provide
additional support.
CM Waters: Support a golf tournament, but many moving parts. If you add
registration and golf to the sponsorship then it is a big selling point. Bigger picture is
to utilize the conference as a way to raise funds to keep us afloat. OK with rasing
HSAC fees but have to get it approved by our own counties.
CM King: Hard to raise funds as many companies are based on Oahu so when you
ask them for support they are not on Maui, they are on Oahu.
March 29, 2022, HSAC MeetingAgenda Page 119
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CM Kimball: Asking for support this time as have less experience and
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contacts.
CM Chock: Suggest everyone select 5-10 sponsors and approach them. Going to ask
separate ones from the ones that will be asked for Kauai.
CM Kimball: If everyone can think about the big fish statewide and then bring those
back and then save the local companies for when you are hosting on your island.
CM King.- We can personalize the outreach.
CM Waters: We should also count on our colleagues on the council to help with this.
We need to come up with $174K.
CMKing:Maybe we need to build the reserve back up.
CM Waters:Are you suggesting we need to deplete our reserve?
CM King: We might have to, have seen $60K come in from conferences in the past. We
could come up with 5-6 names of big companies we can ask, send a letter, and do a
follow up call.
CM Chock: If we increase the revenue options, have counties pay the NACo dues only.
Then we can raise about $100K, so it is likely we will need to do all of these options.
CMKing: Suggest also adjusting the lobbying and contract hours and work.
CM Chock: We do need boots on the ground for lobbying support, so that is important
to consider. We should revise it and look at it.
EA: Supportive of the need to have boots on the ground to support lobbying. Also
available to increase the role and responsibility to do more legislative reporting and
tracking going forward.
CM Waters: Looking at the travel can also be considered to cut expenses.
EA: Shared in the chat different levels of the sponsorship and CM.Kimball shared
they have already raised $35K in sponsorships.
CM Kimball: We have also raised the grant funding as well.
i
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March 29, 2022, HSAC Meeting Agenda Page ( 20 ¢azE a�h
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CM Chock:Hope is to pass a draft budget by the next council.
i
CM Waters: Think we should all push for sponsorships. It is a group decision to be
made just wanted to show everyone where we are at.
i
CM Chock: Given the discussion to this point, would members want us to move
forward in these suggestions or do we need more discussion on this? Also heard
removing the EC travel.
CM Kimball: OK with pro rated NACo, think travel is generou, OIC with changing by
laws to one in person conference per year. j
CM King:Agree on travel. Paying for one in person conference per year is good.
,i
CM Waters: HSAC zoom meetings work good, how much do we save if we do not
travel.
EA: $23K, the current rate per day is $350, suggest this to be increased to $650 per
person for 2 in person visits = $.1300 x 3 = $3900. This allows for an increase in what
you can spend but a decrease in the number of visits.
CM King: When we have travelled for HSAC in the past we have not needed a hotel.
EA: The other consideration is for legislative visits as it can be hard to get meetings
a
with legisators, to make the most of the travel could stay overnight.
CM Kimball: One overnight during session, video conference,plan one other day trip
without hotel. Seems manageable and then have the online meetings for everything
else.
CMKing. Could also track the greenhouse emission reduction.
CM Chock: We submit a proposed draft budget so we can review it.
CM Waters: Yes, send the budget to everyone, have them mark it up and send it back
to EA. Then come up with a solution as a team and as a board, in the meantime
think about raising money for HSAC. If you raise money you do not need to make
cuts.
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March 299 2022, HSAC Meeting Agenda Page 21 �44FTE
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CM Chock: Want as to be able to justify every change ready to propose to
our councils. The contract can also be reduced from 30K to 25K.
CM Waters: How much should we be carrying over to next year?
CMKing: We should shoot for half of what we have in the reserve.
CM Chock: The line item with lobbyist is safe to go down to $25K as that is what is
actually needed. We have discussed building EA role capacity this is something we
want to continue to support, this is reflected in the budget here now.
CMKing: Can the EA help reach out to sponsors?
EA: Yes, can do that now. In the future a fund development role is needed to build a
long term strategy. Reminder that the EA role is for 10-15 hours per week which
really covers the email management and agenda, so going forward that has to be
considered.
b. County Reports:
■County of Hawaii
CM Kimball: We did introduce the electric vehicle infrastructure bill and passed it
out of committee.
■County of Kauai
CM Chock: Forwarded an email to review an evaluation for the EA. Please review
and give input.
■County of Maui
Passed a benchmarking bill, bringing it up to thank Tommy and his office. Passed
second reading. Help to be more efficient.
Must got the budget from the mayor which has increased over $200M first time we
have had a $1B budget.
Our charter commission meets this year, they meet every 10 years, they have 13
proposed charter amendments. It is so helpful to work with all other counties for who
has done something already and who has the knowledge.
■City and County of Honolulu
March 29, 2022, HSAC Meeting Agenda Page 1 22
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Moving forward on Bill 41 short term rental. Third reading coming up.
Hale is opening again soon to the public, some of the new members have never
experienced that before.
c. NCo Report
CM Waters: Inspiring to hear President Biden speak. Interesting story about when he
was a council member. Will email everyone the report for NACo.
d. WIR Report
CM King. WIR Alaska conference coming up in May. Not able to attend the Alaska
one but can attend the
e. Executive Assistant Report
Reminder about Friday legislative meetings
Working on certificate of vendor compliance for the grant for the conference
Working with audit accountants
Sitting on the conference planning meeting
Daily follow ups: working on legislative tracking and reporting and ensuring we
have testimony submitted and someone live to testify when needed.
Motion to receive the reports. Motion passes.
V. NEW BUSINESS
a. Proposed amendment to the HSAC bylaws regarding the
process for HSAC endorsement of NACoand WIR 2nd Vice
Presidential candidates
CM Chock: There has been discussion about how to endorse and support these
candidates. You may have seen this circulated in an email.
CMKimball: The goal is to be transparent on the process and create a process for
this approval. Discussion that it should be open to more of the membership rather
than the EC only. Really the objective is to have something transparent so when we
recommend an endorsement to a candidate it was due process.
March 29, 2022, HS-AC Meeting Agenda Page 1 23
bRCOUNrti��
CM King:Did everyone who went to the conference get to meet the
candidate?
CM Chock & Waters: Yes.
CM Chock: We also said we would reach out to candidates to have them present
something to members. If this amendment passes, we do not need to have a general
membership meeting.
CMKing.° Everytime we change the by laws do we need to take it back to our
councils?
CM Chock:Any amendments from throughout the year are taken up at the general
membership meeting along with the budget.
CM Waters: One of the reasons we are considering endorsing a NACo position is that
we get an extra position on the NACo board when we pick the right person who wins.
Recognize the usefulness of having a seat at the board, really interesting discussion
and would not have happened had we not had the opportunity to be there.
CM Kimball: This amendment was designed to give everyone the opportunity to vote
on an endorsement.
CM Chock: The way the amendment is set up we would have to have a meeting
around it.
CMKing. Would be good to have the candidates give a speech of why they want to be
president.
CMKimball: We asked the EA to work on this and asked them to submit a video.
EA: Did contact them all, set parameters of a 2min video, deadline is Friday so
everyone can review in advance.
CM Chock:Any questions on this amendment, will take a motion.
Motion to approve, motion passes.
b. Legislative update and review of HSAC bills and priorities.
See notes above.
VI. OLD BUSINESS
March 29, 2022, USAC Meeting Agenda Page 24
Op CO Ntg4
I. ANNOUNCEMENTS
a. Scheduling of the next Executive Committee meeting
Next meeting is April 21, 2022, noon.
b. Scheduling of the next General Membership meeting
Do not need to schedule this at this time, will be looking to schedule in May or June
once the budget
VIII. ADJOURNMENT
a 1`i State Association reties SAC
Counties of Kauai, Maui, Hawaii, and City&County of Honolulu .
Website.,hcaxL�c_ otantties.cyo i En-roil:Lqc cvliq wcaiicorarrties,or
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MINUTES
HSAC EXECUTIVE COMMITTEE MEETING
THURSDAY,APRIL 21, 2022
12:00 P. ., or soon thereafter
Via Videoconference
Zoom link
Meeting IIS: 834 4002 6736
Passcode: 738632
City and County of Honolulu
530 South King Street, Room 202, Honolulu, Hawaii 96813
County of Hawaii
25 Aupuni Street, Suite 2409, Hilo, Hawaii 96720
County of Kauai
4396 Rice Street, Lihu`e, Kauai, Hawaii 96766
County of Maui
200 S. High Street,Wailuku, Maui, Hawaii 96793
I. CALL TO ORDER
12.08pm convene
1. APPROVAL OF AGENDA
Motion to amend agenda. Approved.
Amendment to move "HSAC FY 2023"to "New Business" APPROVED.
Amendment to bring forward the HSAC endorsement of NAC'o and WIR 2nd
Vice Presidential candidates
April 21, 2022, HSAC Meeting Agenda Page ( 2 y4p�r'�*°��A
CM Chock: the recommendation is to support Al Gore from a letter
from the NACo board members. and I support that because he is in our region,
he has expressed his interest in serving HI. We have the opportunity to gain
All attending HSAC members which includes all council members will have a
vote.
CM Kuali i - HI has a strong relationship with CA. CA and supervisor Gore
expressed that he will continue to support us in HI.
CM Waters: We enjoy an extra seat because we build relationships. enjoyed
listening to all candidates but Mr. Gore stood out.
CM King. Does he support climate change? Does Supervisor Gore intend to
work with the Biden administration? On some of the WIR meetings that I sit
on, the representation has been very conservative.
CM Kuali is Yes, he would work with the administration to connect all the
counties with federal resources. NACo also does a good job at making sure
everyone gets heard.
CM Cowden: Definitely got a feeling from Supervisor Gore that he was a
strong democrat. Try to stay apolitical in representation but he does seem in a
sense more progressive. So many environmental disasters we have had and
that is a priority for him. He brought up all the issues we are dealing with and
that spoke to me.
CMKing: Heard so much push back from WIR and wanted to check.
CMKuali is Important to give a reaction and feedback to him.
CM ding: What happens if we get there in July and some members from Maui
want to vote differently.
April 21, 2022, HSAC Meeting Agenda Mage ) 3s�wz@"
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CM Chock: The process is a guide to support a candidate early
through this endorsement process.
CM King: This happened to me before, what if someone does not want to go
along with the HSAC endorsement.
CM Chock: Yes, that is still possible.
CM King: If we do an endorsement, we should host a breakfast at the
conference to invite the candidate.
VOTE Phyllis Randall: NONE
VOTE Gregg Puckett:NONE
VOTE Tames Gore: 8 on the call, unanimous endorsement.
II. MINUTES
a. March 29, 2022, Executive Committee Meeting
Motion passed. Approved.
III. REPORTS
a. Treasurer's Report
As of March 31, 2022:
The balance in the primary HSAC account: $122,131.01.
The balance in the HSAC conference account: $55,052.89.
Total deposit account balances: $177,183.90.
■HSAC FY 2023 budget - amended to move down to new business.
b. County Reports:
■County of Hawaii
April 21, 2022, KSAC Meeting Agenda Page 4
CM Kimball: middle of budget season, some of the key things happening
are major fluctuations in the assessments for our commercial industrial and hotel
properties. Getting a lot of pushback on our initial real property tax assessment,
looking at a 13% increase in our budget, looking at a potential cap there. We are also
looking at the charter amendment to dedicate 1% to affordable housing, using Maui's
report. Both passed the first reading. Met with clear plus and 3 plus one, both
revenue generating. Both have features to save or gain in revenue. Happy to share
more information. Invited both to the HSAC conference.
CM Chock: 3+1 is one of the programs we have included, would love if we can
broaden the conversation you folks are having and invite their Director of Finance to
those meetings.
CM Kimball: To set up a meeting and bring in the director of finances.
■County of Kauai
CM Chock: We have gone through the council budget meetings, budget has increased,
large CIP budget, a lot of projects to get off the ground. Roads are starting to be
completed with the GET Excited about funding that could be coming through the
federal level that we can incorporate. Looking at a tiered system - looking forward to
that discussion. Do not see much moving in terms of tax increases and what else.
■County of Maui
CM King: We are in the middle of the budget session. We have recently passed
Resolution 22-89 and 22-90 relating to the war on Ukraine, condemning the war,
supporting peace and asking to waive the Jones act to import domestic oil directly
into .Hawaii. Upcoming council meeting is going to solidify the charter commission
which came up with 13 charter amendments, which must be decided tomorrow.
Another exciting item - the last election, we did pass a charter amendment to the Dep
of Ag- in the midst of approving the qualifications for the Director and Deputy
April 21, 20229 HSAC Meeting Agenda Page 15
a��o ,gy
Director. Sadly the salary commission did not put those levels up equal to
other departments.
Budget handed down from the Mayor went from $800M to over $1B, a lot is in CIP-
over 150 new positions when many vacancies already exist. Public works vacancies,
not sure how this will work.
Some things passed that may be of interest, did pass my proposal for an
implementation plan to create a more diversified economy as well as a plan to end
houselessness. We are trying to go from looking at studies to implementing plans,
need to get off tourism and put money into other sectors. Passed one of my proposals
to create a safe zone for homeless people, have a lot of people living in their cars and
have tickets they cannot pay when they sleep on the side of the road. A lot of these
people live in their cars and go to work and yet cannot get a good night's sleep.
Got a proposal approved yesterday for watershed plans, we are going to write two
new plans to EPA standards to qualify for the watershed grant.
CM Chock: Will they be re-written in house or via consultant?
CM King: Will be done by a consultant
■City and County of Honolulu
CM Waters:Introducing colleague and Vice Chair, Esther Kia`aina
Going through the budget and dealing with the rise in property tax, as property
prices went up so did the property tax deposit not moving the rate.
Also have to deal with collective bargaining, looks like 16% across the board.
Did just pass short term rental, 8-1. Bill 41
Affordable housing and homelessness is number one on the agenda, looking at ways
the county can build houses for people to live. Need to start building places for people
to live. If there are any ideas from any counties.
April 21, 2022, HSAC Meeting Agenda Page 1 6
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There are 2800 vacancies, a large percentage of the workforce who are
eligible for retirement, the police department has 320 officers short and another 200
ready for retirement.
,Still dealing with Red hill, Ernie Lau putting a restriction on drinking water,people
are upset. Let's not put a restriction on local people, let's put restrictions on hotels
and other local projects. Our kupuna got to be able to take a bath. Our kids have to
be able to take a bath.
CMKing: is there any push for affordable rentals?
CM Waters: Male wai ole project where the city provided the land, 60% AMI and
below. Yes we are identifying city owned parcels in each district and then let each CM
decide where it goes.
CM King: chair created an ad hoc committee on diversifying the economy, looking at
proposing an occupational preference for certain % of each affordable housing project
where we have the open vacancies in various sectors. We will report back on this
discussion. We will also have proposed a long term rental credit for homeowner
credit for people who own rentals, similar to Kauai.
CM Waters: We understand there are legal concerns, but we are interested in the idea
and look forward to hearing your report. We are also interested in a vacancy tax,
where non-residents have properties that sit vacant. This may incentivize renting
them out.
CM King: Maui has a similar tax for non-occupied owner tax for people who own
property but do not live in them. There was a lot of pushback - from people who do
not live there. We created several tiers. We also created tiers on short term rentals
based on valuations.
CM Kimball: We will share the language our council is considering based on other
mainland metropolitan areas. It is based on residency or 75% of income. We are also
considering a proposal based on 10% of county workers. For our affordable housing
fund, we are considering a deed restriction, where you purchase a home of a certain
April 21, 2022, HSAC Meeting Agenda Page 1 7 ��ss�sEA a
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value that they have to keep for at least 10 years - if not they will be
assessed a tax. This keeps the home in an affordable bracket.
CM Chock: Homes are at a high price and prices continue to rise. Lets continue to
share ideas. Thank you. Let's defer the NACO report and discuss the Executive
Assistant Report.
CM Chock: I understand there was a request for a committee application for NACO.
We can discuss next month.
c. NACo Report
CM Kualii: WIR Conference is May 18-20 in Anchorage. Summer Annual
Conference in July in Colorado. For more info, go to It is a great
resource for events and education. I recommend connecting NACO resources to your
local non-profit. We have done this locally on Kauai with several non-profits.
d. WIR Report
No report at this time.
e. Executive Assistant Report
EA Parsons: I continue to work on the budget which we will discuss. Legislative
items continue to be a priority. We are gearing up to discuss issues for the next
legislative session to continue our mission. We will seek all of your feedback. I
continue to support the annual HSAC conference in various meetings, including
fundraising golf tournament planning. I completed the Professional Development
Academy course, which was at no additional cost to HSAC. I highly recommend it
and will share it with the various stakeholders.
CM Chock: I request that all members please complete the evaluation for the EA so
that it may be included on the next agenda. We should now discuss the budget. Let's
discuss this important matter which has been reviewed by all parties. I will now turn
it over to CM Waters and EA Parsons.
April 21, 2022, HSAC Meeting Agenda Page 1 S S FYGAS
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V NEW BUSINESS
a. HSAC endorsement of NACo and WIR 2"Vice Presidential candidates
[AMENDMENT, Moved to top of agenda]
b. [AMENDMENT to move this item down from Treasurer's report to
New Business] HSAC FY 2023 budget
CM Waters: I support his budget which maintains monies in our reserve account. It
is important that we leave HSAC in as good a condition as we found it. We cut
expenses. We are all willing to help CM Kimball raise money for the HSAC
Conference.
EA Parsons: I will now discuss the budget and amendments made recently. We
cutback EC travel from previous budgets due to our ability to hold meetings remotely.
We increased the daily amounts to account for increased prices. The main other
change was meeting supplies due to not having in person meetings. NACO may be
able to send separate invoices to each county moving forward for their annual dues.
(There was discussion regarding splitting NACO and HSAC dues. The Committee
decided to split line items for NACO and HSAC dues on the budget so NACO dues
are a revenue and expense item.)
CM Kimball: It is important that we promote registration for the annual HSAC
Conference. Please promote it. We will send out an email to everyone.
CM Chock: We will support Hawaii County in the conference. I make a motion to
approve the budget. The budget is approved.
V OLD BUSINESS
VI. .ANNOUNCEMENTS
a. Scheduling of the next Executive Committee meeting
The next meeting is scheduled for May 26th at 1:00 p.m.
VII. ADJOURNMENT