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Home My WebLink AboutCOM 0010.001 2022-2024 v�,tvfoF w��•a I n �,Iiltij HEATHER L. KIMBALL ��• Contact Information Council Member (808)961-8828 I Chair, Committee on Governmental Operations, (808)961-8018(staff) Relations and Economic Development rE OF 0#r heather.kimball@hawaiicounty.gov ! Council District 1 ,t f HAWAVI COUNTY COUNCIL County of Hawai`i Hawai`i County Building -t` 25 Aupuni Street, Suite 1402 `Y Hilo, Hawai`i 96720 a ' DATE: January 24, 2023 TO: Members of the Hawaii County Council FROM: Heather Kimball, Council Chair SUBJECT: Approved Minutes of the Hawaii State Association of Counties Executive Committee Meetings held on November 22, 2022 and December 15, 2022 Please find attached approved minutes of the Hawaii State Association of Counties Executive Committee Meetings held on November 22, 2022 and December 15, 2022. Please place these matters on the agenda for the next appropriate Committee. Mahalo HK:byt Comm.No. Ref.To: (401F-No Ref. Fate $ M 2 91 111 , Hawai`i County is an Equal Opportunity Provider and Employer E assor��. Hawai'i State Association of Counties A Counties of Kauai, Maui, Hawaii, and City&County of Honolulu * Website:hawaiicounties.ara t Email.hsac0havvaiicounties.ora COttN"�'� MINUTES SAC EXECUTIVE COMMITTEE MEETING TUESDAY, NOVEMBER 22, 2022 10°00 A.M., or soon thereafter ;i Via Videoconference Zoom link Meeting ID: 844 8073 9779 Passcoe: 146109 City and County of Honolulu 530 South King Street, Room 202, Honolulu, Hawaii 96813 a County of Hawaii 25 Aupuni Street, Suite 2409, Hilo, Hawaii 96720 County of Kauai 4396 Rice Street, Lihu`e, Kauai, Hawaii 96766 I County of Maui ! 200 S. High Street,Wailuku, Maui, Hawaii 96793 I. CALL TO ORDER II. APPROVAL OF AGENDA Agenda approved with amendment to agenda to move Ton's legislative update to up front. Discussion from CM Chock on all members being allowed to attend as the meeting is publicized. CM King: Because of sunshine law we were advised by our council services that if there were more than 3 members you have to report to the full council members, stipulating no agreements were made or no votes. November 22, 2022, HSAC Meeting agenda Page 2s«SEs: 1 z III. MINUTES a. October 25, 2022, Executive Committee Meeting Minutes approved. IU REPORTS a. Treasurer's Report CM Waters: As of Oct 31, 2022 balance of the primary HSAC account $170,557.89 balance in the conf$163,264.80 and the total deposit account balance is $333,822.69. CM Kimball: The check to the Westin approx $90,000 has gone out but is not reflected in the Treasurer's report yet. Discussion on the transfer of the conference account over to Kauai county. i ED. Additional note to the Treasurer's report: The $68K reflected in HSAC membership dues includes $8K extra which is supposed to be in the NACo dues line item. The mise. amount of$17K is also attributed to the NACo dues. 1 i Treasurer's report adopted. 3 Vi b. County Reports: i. County of Hawaii i CM Kimball: Passed sensitive places gun law. First hearing dominated by the pro gun lobby. Identified safe places, hospitals, schools, day cares. Administrators can approve a given individual to carry on site. Hotels and bars where alcohol is served i for consumption and events where the organizer has indicated it wants it to be a gun free event. One of the amendments would have liked to have in was that businesses that wanted to allow it would have to put signage allowing it. Will be supporting this bill when it goes through the State. Unveiled the new short term vacation rental bill, repealing the short term vacation rental law. Pulling in hosted rentals so we can regulate them. Changing the fee structure to more accurately reflect the cost of the program. The $10,000 fine. November 22, 2022, HSAC Meeting Agenda Page 3 Webinar was posted the Friday prior and had over 550 folks in attendance. A lot of negative comments in the chat. Starting our new term on December 5. We have set our committees, shifting away from subject matter to functionality. For example, a committee on Government Operations to take care of appointments. The Committee on Communication and .Reports, will take all of the oversight. Committee on legislative approval, approval for specific entity, or property, or individual. Re-zoning ordinances, state land use boundary amendments. All will be in the legislative, acquisitions committee. So discussions around policy that dictates the approval. CM King: Is there anything that makes it illegal to put a sticker saying guns are not allowed in here? CM Waters: Comment on short term rentals, biggest complaints came from the actual short term people who did not want to register. Looking at increasing the amount of property tax. CM King: We do tax them and we have a x'20,000 fine. CM Waters: Further discussion on the short term rental experience, including the decision by Federal Mudge Watson who said we could not take away the residential right. ii. County of Kauai CM Chock: Passed a 2% tax for housing revolving fund. The next ordinance allows what the Charter was going towards, overtime it can accumulate and support our housing needs. Submitted two bills for property tax programs. Many people did not know they were falling into a category for tax. We still have a tiered ordinance in place. Open the floor to CM Carvalho who will be the representative at the December meeting. Our full council will be in office in December. CM Carvalho:Mahalo to HSAC Chair. Available to support HSAC going forward. iii. County of Maui CAVI King: Term ends noon on January 2. In a lawsuit with our former Prosecuting attorney. Passed the energy code, including some of the changes Oahu and Big island made. Amendments to mandate solar readiness for new construction. To apply the I 3 iS t November 22, 20229 HSAC Meeting Agenda Page ( 4 StRiEAsp a a m 4 OACOUN"h� certificate requirement to the tropical exemption. Removed the photovoltaic requirement for EV stalls, added a new section. Now that we have passed this we can apply for the federal grant to pay for implementation. We passed a cultural overlay bill for lands that have any cultural sensitivity designation, the lease permits and approvals will be subject to certain requirements. Passed on first reading extending the deed restriction period. Changed from 20 to 30 years. Passed another for long term rental credit, to close the loophole on some of the abuse that was happening.New Mayor taking over Mayor Bissel elect, two new members on the council. Overview of COP27, circular economy, more energy and food security, and diversifying economies to keep money in their communities. Focus on implementation of the policies, had the first Republican Governor who attended COP. A fossil fuel non proliferation treaty going around for Hawaii to sign on to. Kauai has the cheapest power in the state at 70% renewable energy. iv. City and County of Honolulu CM Waters: CM Fukunaga and CM Elefante are leaving to go the the State legislature. New members joining will be attending the sensitive places bill. Bill will go to first reading, all of our bills go to full council first and then to committee. CM King: We put it on the agenda as a referral but we do not vote on it, we just send it to a committee. So it does not count as a reading. CM Kimball: Everything goes to committee first, then to full council. Conversation did question what authority the council has to do this. j 4 CM Waters:A bill will be introduced at the legislature. { c. NACo Report CM Kualii: Forwarded economic development resources in an email. Upcoming NACo board meetings, next big meeting is the legislative conference in D.C. The annual conference is in Travis County, Texas. Mahalo to HSAC President. November 22, 2022, HSAC Meeting Agenda Page 1 5 ��4�T6" t y ORCOUNt� CM Waters: Will be attending the NACo board meeting next week. CM Tyler Dos Santos Tam will be the alternate for HSAC. CM Kimball: CM Kierkiewicz was appointed by .President Winfrey who was a NACo board member. d. WIR Report i CM Chock: ED to inquire on the process and timeline for renewal of the WIR and NACo appointments. WIR has a lot to offer on specific details, NACo can offer broader opportunities. a i CM King. Hoping Shane stays on board as WIR. I e. Executive Director Report Executive Director Report November 2022 Last report was given on October 25, 2022. The following is a summary of the work being conducted by the Executive Director, Nahelani Parsons. 1. DCCA Annual Business filing was filed for HSAC. Please note that none of the officers had changed at the time of filing. This will need to be amended and revised when the new officers take effect in January of 2023. The Certificate of Good Standing is available online. 2. Attorney General Charitable Organizations Filings.A request has been submitted to the AG's office for support to start getting us up to date with filings that are missing for the years from 2015-2020. j 1 3. Treasury Update:Executive Director is meeting with the Treasurer's team on November 17, 2022 to review the outstanding receipts and items that need to be uploaded to j Quickbooks dating back to 2019. There are approximately 150 items and this project will take several weeks to complete. 3 3 I November 22, 2022, HSAC Muting Agenda Page 16 $ 1 z 3 * a Uiit�y 4. Legislative Update: The HSAC legislative package is being reviewed and 3 approved by all of the counties and will return to the HSAC EC in December for a final vote before being delivered to the Senate President and House Speaker for bill introduction at the end of December 2022. 5. 2023 Conference: The Whova account closed Dec 20th unless HSAC signs up to use it i again for 2023. 3 6. General Administrative Duties:ED has been approached by many vendors from NACo affiliated partners with requests to share the information about their services with the I HSAC EC. The following includes a short introduction to the company, website and E contact information. Please follow up directly to request any additional information or z share this with your colleagues who may be interested. 'i Approved. 3 V. NEW BUSINESS !i a. Discussion on the status of each Counties approval of the HSAC 3 legislative package. i. County of Hawaii Approved. ii. County of Kauai Approved. No issues. iii. County of Maui Approved. Voted on Nov 18 and passed. iv. City and County of Honolulu CM Waters: HNL voting on Dec 7 full council. b. Legislative update from the HSAC Lobbyist, including post-election results and potential leadership updates. Lobbyist:Discussion on the bill for early retirement. Will help with recruitment. Departments would say it will help with their recruitment. Need to have the police departments step up to testify. Will start preparing testimony. 3 I November 229 2022, HSAC Meeting Agenda Pogo � 7 g�az6ass $ a , 1 * * 3 oua<`�a Relating to the SMA we had a bill last year about the area to be excluded I from development. Office of planning made the argument on the floor area and 3 density of structure are in the county area due to zoning. Did a draft to allow the counties to further define single resident families in the shoreline management area. All the shoreline management areas differ per county and could be handled in zoning. The fishponds will be asking to be excluded. I Regarding the EPA Clean Water Act requires a permit when pollutants originate i from a non clean source. So the Department by rule has to come up with rule making according to the Clean Water Act. The traffic fines bill, this amends the 2018 law allowing counties to establish their I own fines. CM Kimball: Hawaii county did pass the legislative package, had an inquiry if it can do the same for firefighters as the bill does for police officers. CM King.Maui does not have vacancies in fire, only in police. CMKimball: The fire chief shared that this is the first year without a full recruitment class. We may want to consider this being added to the bill or for a j I future conversation. CAVI King: Tobacco free bill was added in. Lobbyist: There are some committee changes, the Senate has announced their committee members. Most significant is the change in Sen Wakai's committee, he now has Public Safety, his committee is being chaired by Sen Decoite. House is 33% new members. ED: Confirming the most important committees for HSAC will be Health and s Consumer Protection. CM Chock:Regarding the traffic fines bill, I want to make sure some aspects of the City and County bill are interwoven into the version we have. Lobbyist: Will look at that and see how to bring in part of the City and County version. November 22, 2022, HSAC Meeting Agenda Page 1 8 3�,5KP4EA5$ A x A 4 ORCOUti'�� CMKimball:Did talk about extended user responsibilities which can be adopted as a priority in the future when the bill from Rep Lowen is introduced. .hoping we can support this in the future. OLD BUSINESS a. Discussion and consideration of the HSAC Executive Committee slate of officers for the term beginning January 1, 2023. CM Paltin: Support instituting a rotation on roles and supportive of the conference host being the Vice President so they can focus on that role. CM Kimball: Agree a rotation makes sense, one of the arguments against it was that depending on the available staff and having them available made a big difference. Would prefer the HSAC President to be someone who has served on HSAC before. Item deferred to December meeting. ED.Reminder about the timeline in the Bylaws. Prior to January 10, each council shall pass a resolution to appoint an Officer and an Alternate. Prior to January 31, the four appointees have to provide a slate of officers to each of the counties. VII. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting December 15, 2022, 10 a.m. VIII. ADJOURNMENT i i I i EA Hawai'i State Association of Counties SAC) Counties of Kauai, Maui, Hawaii, and City&County of Honolulu Itr,?bsite:hawaiicnanties.cy 1 Email:hsact ha aficaiznties.cra 0�CtluN�t� MINUTES j HSAC EXECUTIVE COMMITTEE MEETING THURSDAY, DECEMBER 15, 2022 10:00 A.M., or soon thereafter j Via Videoconference Zoom link Meeting ID: 823 4124 6984 Passcode: 697304 City and County of Honolulu 530 South King Street, Room 202, Honolulu, Hawaii 96813 I 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. Nigh Street,Wailuku, Maui, Hawaii 96793 I. CALL TO ORDER II. APPROVAL OF AGENDA Agenda approved. III. MINUTES a. November 22, 2022, Executive Committee Meeting. Minutes approved. IV. REPORTS a. Treasurer's Report CM Waters: Balance in the main account: $162,188.17, the balance in the conference account: $87,345.19. Total deposit account balances is: $249,533.36. December 1.59 2022, HSAC fleeting Agenda Page 12 fir`' S a b. County Reports: i. County of Hawaii CM Kagiwada: New members sworn in on Dec 5. Planning to attend NACo conference. HSAC has the opportunity to work with the Mayors. Wrapping up from i the HSAC conference. No conference report at this time, still wrapping up fina numbers. ii. County of Kauai CM Carvahlo: Inauguration was on Dec 1, one bill that passed established a min tax for the island of Niihau, $40,000. New council members, and chair. iii. County of Maui CM King:Incoming Mayor and county council's inauguration on January 2nd. .Incoming Mayor is starting to announce the appointments. Vivo new council members. A pending lawsuit has been filed regarding the Council Chairs race, so that seat may not be determined until the Maui Supreme Court comes out with a decision. Bill pending ordering a cultural overlay for the county. With cultural sensitivity designations, would give developers an upfront picture of where the cultural sites are before development commences. The County archeologist can make recommendations. Resolution for rezoning of a plot, to rezone an area for a turtle hospital and a coral nursery. Bringing in researchers. There will be a nursery to grow coral and we will bring in injured turtles from across the state. This will help students be able to apply to jobs in marine biology. 35,000 sq ft. iv. City and County of Honolulu CM Waters: Two new members joined us in December, CM Tial Okimot, CM Tyler Dos Santos Tam. CM Matt Weyer starts on Jan 3rd during inauguration. Had a hearing on safe places bill. Passed out of first reading, goes to the executive matters and legal affairs committee. a l I I December 15, 2022, HSAC Meeting Agenda Page 1 3 caua<�`b Attended the NACo board meeting outside of Chicago, many of the places j I had signs in their window about not allowing guns inside. Discussion on the i testimony provided during the council hearing on the safe places bill. i Rules changed about sunshine law and remote meetings, and went back to calling people when the measure was called. It was more effective than doing both and j allowing people to testify up front. i CM Carvalho:Motion to receive all the reports. Reports received. i b. NACo Report CM Waters: Attended the Chicago NACo .Board meeting, discussed the operating budget and proposed budget for NACo. Went through the federal policy priorities by topic. NAco is starting a Federal fellowship initiative to get into a cohort with Congressional members to help educate one another on how to get funds to counties. Reminder about NACo DC legislative conference Feb 11-14, encourage all to attend. Travis County, Texas, annual NACo conference in July this year. i I I c. WIR Report i No report. d. Executive Director Report i I Executive Director Report December 2022 Lost report was given on November 22, 2022. The following is a summary of the work being 3 conducted by the Executive Director i i I December 159 2022, TAG Meeting Agenda gage 1 4 t a i �'°Co Ntyb 4 1. Attorney General Charitable Organizations Filings. Filings have been completed for each year from 2015 to 2019. The tax filing for 2020 is still processing. There is a fee owed for each annual filing of$50-$150. Hereby notifying the EC of the total of approximately$500 which will be reflected on the budget. This amount was not included in the original budget however there is surplus under the line item for "promotion and outreach"which will cover this expense. 2. Treasury Update: The accountant received notice to disengage from the audit, we ore awaiting their further instructions. The 2021 tax filing process for the last fiscal year has begun and we plan to retain the same accounting firm, Carbonaro CPAs& Management Group. 3. Legislative Update: The HSAC legislative package has been approved by all of the counties and after HSAC EC final approval it will be delivered to the Senate President and House Speaker for bill introduction at the end of December 2022. ED is following up with the HSAC Lobbyist to check on the status of draft testimony for the HSAC bills. The HSAC EC needs to re-verify the approval process for testimony and remind the EC that any additional bills to be added to the priority list must be presented to the EC and receive unanimous support. 4. General Administrative Duties:Scheduling with the US Department of Homeland Security to invite one of their speakers to present at our January meeting. Continuing to work on the HSAC association management guidebook. NACo is hosting a webinar on "Records Management Strategy"on December 14. ED plans to attend. Preparing guidelines for the duties and responsibilities of each HSAC officer in anticipation of the handover meetings once the slate has been finalized in January. 5. Bylaws: When the new Secretary comes on board we will need to review the bylaws and propose some amendments. 6. REMINDER:Need resolutions from each county confirming the HSAC Officers and Alternates before January 10, 2023. We also need the HSAC slate of officers to have been approved by all counties before January 31, 2023. i December 15, 2022, HSAC Meeting Agenda Mage 15 3 s4P,Eas 9� 4 Q�COUNt� 7. NACo Legislative Conference in February 2023. Please let the HSAC ED 3 know if you or any of your colleagues plan to attend the conference as well as any plus ones. We will be making a reservation for dinner, and putting in requests to meet with 3 our Hawai'i Congressional delegates. ACo now accepting interim policy resolutions for 2023 Legislative Conference:https:Jjwww.noco.org/blog/naco-now-accepting-interim-policy-resolutions- 2023-legislative-conference CM Carvalho: Executive.Director report received. V. NEW BUSINESS i 3 a. Receipt of the following Resolutions: i. Kauai County's Resolution No. 2022-56, Resolution Approving ' Proposals For Inclusion In The 2023 Hawaii State Association of Counties Legislative Package, which was approved by the Council on November 16, 2022; and ii. Hawaii County's Resolution 611-22, Resolution Approving The Legislative Proposals And Priorities For Inclusion In The 2023 Hawaii State Association of Counties Legislative Package, which was approved by the Council on November 16, 2022. iii. Maui County Resolution 22-257, FD1, Resolution Approving Proposals For Inclusion In The 2023 Hawaii State Association of Counties Legislative Package, which was approved by the Council on November 18, 2022. iv. City and County of Honolulu Resolution 22-278, Resolution Relating to The 2023 Hawaii State Association of Counties Legislative Package, which was approved by the Council on December 7, 2022. i CM Carvahlo:.Motion to receive the resolutions. Approved. b. 2023 HSAC Annual Conference, Hosted by County of Kauai. I i i December 159 2022, HSAC Meeting Agenda Page 6 ggpS'A 5 O'�fOU41'ti� CM Carvahlo: Working with Koolau landing, Sep 21-22. Plan to do cultural visits to various locations and plan to conduct them prior to the conference. Golf tournament will be planned for Sep 21. c. Approval to update the signature card for BOH Conference account (3938) to remove CM Heather Kimball and Jennifer Kagiwada and replace them with Allison Okasaki and CM Bernard Carvalho, Jr. CM King. Motion to approve these updates to the HSAC conference bank account (3938) All:Approved. d. 2022 HSAC Conference Report. Moved to old business. Waiting on the final dollar amount from the innovation grant. e. Discussion on the process for approving HSAC testimony and a reminder on the process to present a legislative priority for approval to the EC. ED Parsons: Overview of the process to add items to the priority list, they must be presented to the HAC EC for unanimous approval by all four members. The approval may come via email due to the timelines during the legislative process. Regarding testimony, we will approve the initial version of draft testimony and this approval remains until there are substantive amendments to the bill or testimony. If there are substantive changes, the bill and testimony will then be circulated amongst the HSAC EC for approval again. Lobbyist Okudara: Requesting approval to testify on other bills which are similar to the HSAC approved bills that we introduced. CM King. Recommend tracking all of the bills we testify on so that we can demonstrate the success of HSAC. Motion to allow .HSAC to track similar bills proposed in lieu of our bills. December 15, 2022, HSAC Meeting Agenda Page 7 1 Z 83 a Op CQUN'�£ Approved. 3 I VI. OLD BUSINESS 3 I, a. Discussion and consideration of the HSAC Executive Committee slate 3 of officers for the term beginning January 1, 2023. j CM King. If there is a disagreement, recommend moving this decision until after the representative from Maui has been confirmed. CM Waters: Support CM Carvalho as President. Seeking clarification if we need unanimous vote on the slate of officers. Flexible to serve in any capacity. CAVI Kagiwada: CM Kimball is open to supporting in whatever role is needed. Given i the amount of work that the ED is now doing as part of all of the roles, encourage 3 everyone to be responsive and timely in responding and getting the ED what is i needed in support of the role. James Forrest: For attorney and Executive Committee review. I believe the previous 3 interpretation of this provision is that all actions must be by unanimous vote unless 1 specifically mentioned. Not arguing either way,just sharing for review. 3 SECTION 13D. VOTING PROCEDURES.The executive committeeshall' be subject to the call of the President for all meetings. Actions taken at such;meetings, with the exception of approving nominations to state boards and commissions as provided for in 3 Section 7, shall be by unanimous vote of the members of the executive committee Kantakana Watanabe: I> believe that it could be argued that it`has been specially mentioned because Section 5(2) says `after consultation among themselves" As usual however, it's truly up to the members as to how they wish to interpret. Additionally, if:a r council will not approve a slate of officers, then the provision that all officers continue on in their current roles kicks in anyway. 3 i CM Waters: Discussion inquiring about legislation being introduced regarding the use of the TAT tax giving counties more flexibility on how to use that tax. Lobbyist Okudara. There is no restriction on the TAT. i I I 3 3 PEA December 15, 2022, HSAC Meeting agenda Page (_ St79a * O'pCOUt7't�£y CMKagiwada: Will ask CMimball to address this at the next meeting. I CM King: Sat the youth 'council on Dec 5, spent the most of this year identifying 3 i participants and identifying priority issues they wanted to purpose, how to research and write and vote as councilmembers. These were voted and passed on and will be put 3 forward to be introduced as legislation for next year. Attended a conference where the panel was called "nothing about us, without us" and that, is a good reminder to include the youth in conversations that impact them. VII. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting i Tuesday January 17, 2023, noon (HST). Monday February 13, 2023, 4 p.m. (EST) 111 a.m. (HST). VIII. ADJOURNMENT a