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HomeMy WebLinkAboutCOM 0010.003 2022-2024 J�tv os;, ; Phone: (808)961-8828 HEATHER L. KIMBALL • ,; �,� ,��� Fax: (808)961-8912 COUNCIL CHAIR Council District 1 (North Hilo, Email:heather.kimball@hawaiicounty.gov Hamakua, and portion of Waimea) TE OF O°' HAWAII COUNTY COUNCIL COUNTY OF HAWAII 25 Aupuni Street, Ste. 1402,Hilo, Hawai`i 96720 i s. ---t t t DATE: July 24, 2023 TO: Members of the Hawaii County Council co FROM: tc:Heather Kimball, Council Chair SUBJECT: Approved Minutes of the Hawaii State Association of Counties Executive Committee Meetings held on March 20, 2023, April 14, 2023, and May 9, 2023 Please find attached approved minutes of the Hawai`i State Association of Counties Executive Committee Meetings held on March 20,2023, April 14, 2023, and May 9, 2023. Please place these matters on the agenda for the next appropriate Committee. Mahalo HK:byt Mahalo, Judi),W__;,,,e,/ Heather Kimball Comm. N . 'ID Ref.To: Hawaii County is an Equal Opportunity Provider and Employer Ref:Date:.. UL °.2 5 2023 ass'' Hawaii State Association of Counties (HSAC) 11 OV Counties of Kaua`i, Maui, Hawai`i, and City & County of Honolulu * * Website: hawaiicounties.org;Email: hsacahawaiicounties.org y , Cougl MINUTES HSAC EXECUTIVE COMMITTEE MEETING TUESDAY,MAY 9,2023 12:00 P.M. or soon thereafter Via Videoconference Zoom link Meeting ID: 876 0722 3848 Passcode: 769678 City and County of Honolulu ' 530 South King Street,Room.202,Honolulu,Hawaii 96813 PO County ofTIawai i 25 Aupuni Street, Suite 2409,Hilo,Hawaii 96720 Codnty of Kauai 4396 Rice Street, Suite 209,1 ihu`e,Kauai,Ha0ai`i-96766 . County of Maui .,, . 200 S.High Street,Wailuku,Maui,Hav'vai`i =96793 Attendees: Randall Machado of Kauai County.Council Services, Legislative Assistant, OCS Ana Lillis, Chair Mel Rapozo, Lisa Watanabe, Kyle Sliiroma=OCS, Kasie Apo Takayama, Kamakana Watanabe, Kaci Tsuneda, Justin Kenoi, CM Jennifer Kagiwada, CM Dr. Addison Bulosan, Dorthi Botelho-Kaili, Chair Tommy Waters, CM Bill DeCosta, Jon Okudara, CM Tamara Paltin, President Bernard Carvalho, ED Nahelani Parsons. I. CALL TO ORDER Meeting called to order by President Bernard Carvalho. II. APPROVAL OF AGENDA Agenda approved. III. MINUTES a. April 14,2023,Executive Committee Meeting Minutes approved. IV. REPORTS a. Treasurer's Report Balance in the primary account: $146,366.91 May 9, 2023, HSAC Meeting Minutes Page 12 SA 00 Balance in the HSAC conference account: $10,000.87 Total deposit account balances: $153,367.78 b. County Reports: i. County of Hawai`i CM Kimball: Bill 194, the intent was to remove the ability of the planning director to provide an administrative extension on zoning ordinances and propose instead if applicants wanted a time extension, they would have to come to the county to request the extension. Purpose to create transparency. Veto was overridden, the resolution process did not provide for an appeal process, will need to add in language to address this. In the budget process, received a second round, an overall increase of 5.8% since the last budget. Seeing more positions in the various departments and continued support for training and technology infrastructure. Personal bill, introduced for a hearing of the office of sustainability climate equity and resilience office (OSCER) cabinet level office under the Mayor. Will be a tasking agency for the various departments. Also for the county to have a bucket for all the federal funding programs. Goal to build disaster ii. County of Kauai CM Carvlaho: Moving through the budget, have a bill relating to possession and use of pepper spray for self defense. 2023 HSAC conference, invitations were emailed to invitees, sponsor letters sent out. Let us know of any additional sponsors. Information is available on the website. Setup visits to key places on the island. Only taking checks. CM Kimball: Is there a list of all of the sponsors who have been contacted so we know who has been reached out to. We can also help send out an email to all the past participants once the website for HSAC is updated. ED Parsons: Last time there were parameters around sponsors, is this something we should consider this time. CM Carvalho: Theme is the hukilau, lay the nets together, share the catch. More info to come. iii. County of Maui CM Paltin: Having public hearings on the budget. Scheduled May 23. This is the largest allocation to the emergency fund, and the total budget is I%more than last year. Estimating the TAT revenues will be low when the fiscal year ends. Ground breaking for a thousand unit • development near the airport. Wed 24, groundbreaking coming up for Hawaiian homelands project. Passed two reso's,first having trouble with illegal short term vacation rentals. Last charter took away the cap on fines but we haven't been collecting the fines. First reso was to link the fines to the property, the finance department has the capability if the fine runs with the property versus with the owner the other reso, urges the governor to release the data on the TAT tax payers, because some illegal short term rental persons are paying their TAT even though they are illegal. Excited to attend the HSAC conference on Kauai, will look for donors. Looking to put affordable May 9, 2023, HSAC Meeting Minutes Page 1344 yt'TE = I SAS.: housing funds into future projects. Passed bills 107 and 111 to give people preference by the length of residency, adjusted for college and national guard. Uses a lottery system, chooses the names and then looks at who has the longest residency. Another bill brings down the price that purchasers can get a mortgage for. iv. City and County of Honolulu CM Waters: Property taxes in HNL went up considerably. Mayor came up with a one time $300 tax credit to be implemented this year. Also looking at long term tax relief looking at 30 bills before us, looking at homeowners exemption, capping tax if you make $60,000 or below. Including kupuna who are on fixed income. In HNL we have a residential A, if you own a second home over $1M then you pay a different rate. Salaries for HNL councilmembers, salary commission recommended a significant jump. There is a resolution to deny all increases and another to deny just the council raises. Nothing in the Charter to say if they are part time or full time, tried to compare what the councilmembers do to other roles in the City. Since 1990 council raises have been frozen 19 times, I think because council members are put in the position of voting on their own raises. CM Carvalho: We have a session on housing and real property at the conference. We are all going through similar situations. Further discussion on homeowners exemption rates in the various counties and information on the salary raises. Motion to receive all reports. Reports received with no objections. c. NACo Report Upcoming NACo Conferences 2023 Western Interstate Region—May 17-19, 2023— Washington County, Utah 2023 Annual Conference—July 21-24, 2023—Travis County, Texas 2023 NACo Fall Board Meeting—Nov 30-Dec. 2, 2023—Ramsey County, Minn. d. WIR Report CMPaltin on behalf of CMSinenci: WIR in Washington County, Utah -first day with excursions May 16, then conf runs after. They have omiyage bags for past presidents if anyone wants to add. e. Executive Director Report Executive Director Report May 9,2023 Last report was give n on April 14, 2023. The following is a summary of the work being conducted by the Executive Director. Summary: Ma 9, 2023, HSAC MeetingMinutes Pae I4 May ., i SAS Z A major part of the Executive Director (ED) role is administrative work with each of the HSAC EC members to manage the everyday operations of the association, supporting the roles of President, Treasurer, and Secretary. This includes but is not limited to, responding to emails, text messages,phone calls that come in throughout the week. Preparing the agenda, doing the minutes, website management, ensuring we have records of all accounting documents, and following general accounting principles. Ensuring all data is entered correctly into quickbooks and copies are uploaded to the HSAC google drive. Administrative work occupies 70%of the ED time (the current contract is for 15-20 hours per/wk). The remainder of my time is spent on special projects,for example, working with NACo on our affiliated partners,finding ways to strengthen HSAC publicly and financially, tracking and monitoring legislation or collaborating with the lobbyist to ensure the legislative package is being developed throughout the year. In addition, in person events attending the NACo or HSAC annual conferences include multiple days and long hours. It is important to continue to work with the HSAC EC in order to identify priorities so that special projects can be spread out throughout the year in order to maximize the ED's time and continue to make progress in advancing the HSAC mission. 1. General Administrative Duties: o HSAC signed the "Live Healthy program."This is the NACo drug prescription program that generates revenue for HSAC. We will be building out communications about this program over the next year. o Pricing information from E&M Consulting for an HSAC brochure:HSAC would receive 15%of the advertising revenue after$5000 has been.raised. HSAC would need to speck who would be appropriate to reach out to request sponsorship and support from. Timeline for completion is approx. 5 months with E&M consulting, this would be just in time for the HSAC conference. 2. Treasury Update: o Form 990 tax filing has been signed and submitted to the accountant for filing. o Worked with the Treasurer's team on the HSAC FY24 budget justification. o Met with the Treasurer's team for training on Treasurer's report, quickbooks, and how to manage reimbursements. May 9, 2023, HSAC Meeting Minutes Page 15 T�TEAs SA() o Working on getting quotes from various accounting firms for an audit of the accounts. o Developed procedures for invoice and reimbursement processing. 3. Secretary Update: o Working on updates to the HSAC website to reflect the new county members. 4. NACo Update:Registration is open for the 2023 NACo Annual Conference in Travis County, Texas. July 21-24, 2023. 5. Legislative Update:HB118 has gone to the Governor for signature. f. Legislative Update Jon Okudara: The HSAC legislative package four bills and a concurrent resolution: HB 115 Relating to Employees'Retirement System. SB 206 Relating to the Employees'Retirement System. Proposed to repeal the minimum age requirement for individuals who become an ERS member after 6/30/2012, and who have at least 25 years of credited service. Outcome: SB 1158 which became the vehicle for the retirement proposal provided that police officers who become members of the ERS after 6/30/2023 with retirement benefits similar to those provided for members of the ERS who became members before 7/1/2012, including but not limited to calculation of retirement allowance, minimum age or years of credited service requirements, and vesting period Allowed retired police officers hired after 6/30/01 to be treated as if employment began before 7/1/01 in order to maintain spousal health benefits. Establishes retirement allowance for a county police officer becoming a member after June 30, 2023, who is age 55, with 5 years service and 25 years of service. HB116 Relating to Special Management Areas. SB207 Relating to Special Management Areas. Proposed to amend the exclusions from the definition of "development" in special management areas to lower the square foot exemption of single family residences in the SMA to allow the county planning authority to review more residential development in the special management area for conformance with the development guidelines for the area. Outcome: HB 365, Relating to Special Management Areas, which became the vehicle for the SMA proposal, was passed by the Legislature. It initially contained the HSAC proposal that lowered the square foot exemption for single family residences in the SMA, which was deleted by the House Committee on Water and Land May 9, 2023, HSAC Meeting Minutes Page 16 SO/6:: HB117 Relating to the Regulation of Tobacco Products. SB208 Relating to the Regulation of Tobacco Products. Repeals section 328J-11.5, Hawaii Revised Statutes., to reauthorize the counties to enact restrictions on the sales of tobacco products. Outcome: SB 1447, became the vehicle for tobacco, proposed to allow the counties to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices that do not conflict with and are more stringent than the state law that govern smoking. SB 1497 was not passed because section 328J-15, HRS, which is substantially similar to section 3 of SB 1447 reads: HB118 Relating to Traffic Fines. SB209 Relating to Traffic Fines Clarifies that each county may, by ordinance, designate certain sections of county highways as areas in which stopping, standing, or parking vehicles is prohibited or restricted. HB 118 was amended to provide that any federal or state agency authorizing a road closure shall preempt a county ordinance. Outcome: Passed by the Legislature; transmitted to the Governor. HCR3 REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR A PERMIT TO DISCHARGE POLLUTANTS THAT INCLUDE THE MAJOR FACTORS THAT ARE CONSIDERED IN IDENTIFYING THE FUNCTIONAL EQUIVALENT OFA DIRECT DISCHARGE FOR POINT SOURCES OR NONPOINT SOURCES. Outcome: HCR 3 was deferred by the House Committee on Energy & Environmental Protection. Jon suggests for the next session we start planning earlier and work with him on drafting the language so they can get the weigh in from the department heads beforehand. ED Parsons:Legislative timeline discussion and review. V. UNFINISHED BUSINESS a. Communication (03/31/2023) from Treasurer Tommy Waters, City and County of Honolulu, request for agenda time to discuss HSAC. 2024 Bylaw Amendments. (Deferred April 14, 2023) CM Waters: Review of the amendments being proposed. Adding language to allow the ED to conduct duties in support of the HSAC officers. Amendment regarding changing "shall" to "may"for whether HSAc is subject to HRS 92. May 9, 2023, HSAC Meeting Minutes Page 17souquo% SAO Kamakana: Sent OIP the HSAC documents, based on those documents OIP provided guidance, HSAC is not subject to sunshine under the definition of Chapter 92. Does not impact the nonprofit status. CM Paltin: Request we go by the OIP guidance but that we also continue to ask for a formal opinion for the future. Page 15 amendment deferred Page 11 - travel was referenced in multiple places, now it is cleaned up only to refer to it in one place. Clark that registration fees are allowable and define who is eligible. Has to be incurred expenses allocated in the budget. Page 12, who is eligible, HSAC officers or designated alternatives to travel to the meetings. Can attend no more than two conferences per year. Page 13, members who serve on board of directors, can go as long as within their duties (as long as there is an official meeting). Para 5, any member of the steering committee who serves as chair or vice chair. Sec 6, HSAC officer can travel to legislature to test HSAC ED can attend events in support of HSAC. Page 13, clarifies what travel expenses are only for eligible participants as defined above. Page 13, added rideshare or shuttle or bus to allowable transportation. Page 17, claming language so you do not have to snail mail. Amendment is to allow us to email items to be added to the agenda and allows the ED to assist with this. Keeping language that agenda must be posted 6 days prior. Page 21, 22, deleted the travel section because it is duplicative. Clarified reimbursement procedures, documents shall be received by the chair in 30 days. Kamakana: Any amendment to bylaws voted on by the HSAC EC goes into effect immediately after the vote but is not made permanent until the GM meeting. Sec 13,page 10. For Councilmember Kagiwada: The section in the Bylaws is formerly Section 13A, now Section 1OA "Powers and Duties of the Executive Committee:Permanent and Interim Corporate Policy: It states, "An interim policy shall take effect on the date designated by the executive committee and shall become permanent corporation policy on the adjournment of the annual meeting held immediately following the approval of the interim policy...': I'm sorry the Annual meeting is often referred to as the.Annual conference.But there are not two separate events. The Bylaws do not mention an "annual conference"at all. CM Kagiwada: Hmmm, ok. The Annual Meeting and The Annual Conference do not have to be one and the same? or they do? I thought we could call a general membership meeting at any time? Then, could we have a general membership meeting between voting on by-laws and the; conference and make them permanent then? Kamakana:• The Annual Meeting and The Annual Conference are the same meeting You can have a General membership meeting at any time. The General Membership is comprised of every, member of every county.council, as non-voting members. The only voting members are the four executive committee members. So the executive committee can either invite all county council May9, 2023, HSAC MeetingMinutes Page 18 tP" ._.. ._._.. ._ s��y... ..off^ � SAZ members or can hold a meeting of just the four voting members of the general membership, which are the four executive committee meetings.', CM Carvalho: Page 17, membership officers of the corporation. Request to clary the days for, items for the agenda. CM Waters: Suggestion to allow for 8 calendar days for agenda items to be sent to the President and the agenda must be posted 6 days before. Chairperson responsible for drafting agendas, any pertinent information shall be sent to the President 8 days prior to the meeting) Leave section 2 with 6 days notice. CM Waters:Move to accept the changes to the bylaws as proposed with the exception of section 15 on page 10 and move to accept the changes to the HSAC policies as discussed with the; addition on page 17 toadd the words for at least 8 calendar days before the meeting. Motion approved Voted and proposed amendment to bylaws and policies has passed: b. Communication (03/31/2023) from HSAC Secretary Heather Kimball, Hawai`i County Council, requesting discussion on board insurance for the HSAC board. (Deferred April 14, 2023) HSAC EC asking for ED to inquire on quotes. VI. NEW BUSINESS a. Communication (04/13/2023) from Richelle M. Thomson, Deputy County Clerk, County of Maui, transmitting Resolution No. 23-127, FD1, URGING THE STATE LEGISLATURE AND THE GOVERNOR OF THE STATE OF HAWAI`I TO ESTABLISH AN INFANT AND TODDLER CHILD WORKER SUBSIDY PILOT PROGRAM, which was adopted on April 11, 2023. CMPaltin: Could be a consideration for the next legislative session to ask for support on this. Motion to receive. Received with no objections. VII. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting. Next HSAC EC meeting will be June 26, 2023. VIII. EXECUTIVE SESSION a. Executive Director evaluation. IX. ADJOURNMENT lgE Ass Hawaii State Association of Counties (HSAC) ;11sA Counties of Kauai, Maui, Hawai`i, and City &County of Honolulu * * , Website:hawaiicounties.or9 i Email:hsacahawaiicounties.org , O Hyl, COUN'� MINUTES HSAC EXECUTIVE COMMITTEE MEETING FRIDAY APRIL 14,2023 09:00 A.M.,or soon thereafter Via Videoconference Zoom link Meeting ID: 865 0333 8830 "' ' Passcode: 589606 City and,County of Honolulu 530,South King Street,Room.20.2,Honolulu,Hawaii 96813 • o « un Coty}of,Hawai`i 25 Aupuni Street„S i e`2'409,Hilo,Hawaii 96720 DP County of Kauai 7\ 4396 Rice Street,Suite 209,Lihn`e,Kauai;,Hawai`i 96766 County of Maui 200 S.High Street,Wailuku,_Maui,Hawaii 96793 Attendees: Jon Oudara, Nahelani Parsons, CM Bernard Carvalho, CM Heather Kimball, CM Tamara Paltin, CM Tyler Dos Santos-Tam, CM Jenn Kagiwada, CM Tommy Waters,"aCM;Bill DeCosta, OCS Richard E. Mitchell, Kamakana Watanabe, Justin Kenoi, Kasie`Apo Takayama, Kaci Tsuneda, CM Kipukai Kualii, Sommerset Yamamoto, Dorthi Botelho-Kaili,'`And Lillis, S.Laiu HNL OCS. I. CALL TO ORDER II. APPROVAL OF AGENDA CM Carvalho:Motion to approve the agenda. Agenda approved. III. MINUTES a. March 20,2023, Executive Committee Meeting CM Carvalho:Minutes approved. April 14, 2023, HSAC Meeting Agenda Page 12 yS�TE�Sp• SASrz# IV. REPORTS a. Treasurer's Report CM Waters: The balance in the primary HSAC account: $189,892.53 and the balance in the HSAC conference account: $22,001.95. Total deposit account balances: $211,894.48. CM Carvalho: Treasurer's report adopted. b. County Reports: i. County of Hawai`i CM Kimball: We just got done with our three days of budget hearings. Our budget represents about a 1.1 increase. The administration has invested heavily in staff training, as well as software and hardware, computer hardware, infrastructure upgrades. And I think, in general, most of us on the Council were very supportive of that investment. One of the things that we did was I sent a memo to the administration, actually asking each of the departments to present certain things. And it made the conversations much more constructive, because they were well prepared in advance. Basically, we asked them to share with us their six month, 12 month and long term goals, how the budget aligned with those goals, any staffing, challenges that they were having one time, either contracts or equipment investments, and then something that has come up, you know, with the infrastructure and Jobs Act, and the inflation Reduction Act is all the grant money that's available. So we wanted them to share with us how they were going after those grants and what they had been allocated, and what they were planning to go after. And so having that as the foundation of the conversation was actually really helpful. One of the highlights, I think, was that our staffing situation has improved I don't know how that's going in the other counties. About a year ago, we were at about a 17% vacancy rate. Some departments are much worse than that, and some better. Now we're down to 11%, which is great, but still have some challenges in our police force in particular, and animal control. One of the things that came up that I'd like to share with everybody and get some feedback on at some point is our notification system for civil defense, which we're using ever bridge that is looking like it's going to increase 12 fold in terms of cost after our current contract with them runs out. And so we've been pretty happy with Everbridge in terms of sending notifications out to the public, for emergencies. But that cost is going to be really burdensome to us. So we've reached out to NACo April 14, 2023, HSAC Meeting Agenda Page 13 g,,, <"TE�s�' {1 SA If' %.„." to see if there are any providers that they're aware of that might be able to provide a similar system at a better price point. But also wanting to hear feedback from the other counties in terms of what you might have going on. We are working On cap for people that have their primary residence on agricultural properties, we currently do have an ag dedication program, which reduces the value of the land. So the overall assessment is lowered. But the home is not actually protected by the 3%. We have a 3%cap for homeowners.And so one of the things we saw with the recent increase in home values is that a lot of our long term farmers saw their homes really increase in value, and therefore, you know, impact their overall property tax. So working on adding that cap for farmers. At the same time, we have concerns about fake farms and gentleman gentleman farms taking advantage of our agricultural tax breaks. And so we have a companion set of bills that will be heard next week that actually kind of tightens up our ag dedication program to ensure that the people that are taking advantage of that are actually engaged in commercial agriculture and not just putting a fence around their yard throwing a goat in it and saying they're farming, which I'm sure you guys have experienced with as well. We have a bill that the mayor has vetoed. One of the things that this bill does is it is in our rezoning ordinances. The language is often in there that the director of the planning department has the ability to do an administrative time extension. The proposed amendment would not allow any administrative time extensions. And if the developer needs to come back for an extension, they would go through a resolution process through the council. Our mayor has some concerns about that. So we'll see how that deliberation goes. That's gonna be next week. His concerns are primarily that we're adding some uncertainty to the process of rezoning. I think as a council, we're concerned about transparency and the opportunity for the public to participate and engage in the process when things are taking longer than expected and some of the rezoning conditions are not being met. So we'll see I'm not sure if passed by a six to three votes. So just what we need to override the veto. We'll see what happens with that. ii. County of Kaua`i CM Carvalho: Remember, the cost is on there with us as well, with any Ag, that bill and all of that that whole discussion is motivating all of our counties, but then we gotta talk story on that April 14, 2023, HSAC Meeting Agenda Page 14 SAS:: Gp `may and see how we can align maybe in certain ways, but we all talking the same. I think we have an opportunity. CM Bill De Costa: I have a comment. It was brought up to me by quite a bit of our Ag constituents. And I know they get the homestead rate if they live on their Ag land. But the comment, I believe was made this morning that if you have a fenced area, and you have just a couple goats, and they qualify for Ags, some people only have maybe two, three acres.And if that area is not conducive to rain, they can only put one cow in that area. If you live on the drier side of the island, that one cow would take up the two or three acres. So sometimes people would have asked a question that if they're raising just food for a family, or food for their immediate family on their Ag partial, would they still be considered a gentleman's ranch? Because I know that's what we want to distinguish right between the gentleman ranch and local families who are actually using their ag property for some food for their family. So I just wanted to throw that out there to you guys if there was somebody to chime in with when we did our Ag dedication. CM Kimball: I think we've come up with a really creative solution to that Billy in that we've created a long term dedicated Ag for the more commercial farmers that are doing large scale agriculture. And then we have another ag program, that is for community food sustainability. So they are producing food that they either sell or donate, then they also get a tax benefit. It's not as much as the commercial Ag benefit. But we, you know, we want to improve food security on our island. So as long as they're producing food that's distributed out into the community, they will also get a tax benefit. CM Bill DeCosta:What if it is just for home consumption and for the immediate family, what if they have a large, you know,family, and some of them don't live on the Ag lot with them? They live in residential areas, they're not going to qualify for that Ag. CM Kimball:It depends.on their process. So if they've got some sort of they've got a farm plan that indicates that that is you know, they're providing that food, then they'll be able to take advantage of that program. CM Carvalho: Going through our annual operating CIP budget to work through the budget process right now, decision making coming up. It's been pretty intense. And at the same time April 14, 2023, HSAC Meeting Agenda Page 15. ::gS1.teAStO•. SA it e ; moving forward, we did pass a bill Bill 2895, relating to real property tax mixed use exemption and clarifying an annual deadline to file for mixed use exemption, which the exemption shall be valid for one tax year. And it shall be responsible for all too early filed application, you know, within the year, and on or before September 30. So we're kind of going through that process right now, to see how we can work closely to provide an opportunity for a residential unit in a mixed use building pursuant to the contract. So I think, I don't know if something's happening on your guys' end. But that's kind of like where we're at right now in discussion on the table. Any questions on that? And I know you're trying to do whatever we can within that one year period, if we can tie in that area that will be good We also have in the process of revising a reserve fund, and if your reserve fund policy, and that's not been any discussion, by council chair to reduce the minimum amount of the previous year general fund revenues, and idents the most recent comprehensive financial report. So from 30% to 25% example, that's what we're kind of looking at. And this item will be discussed in depth at our April 19 meeting. But we are looking at the reserve file. And we are looking at that and seeing to challenge that to support you know, our financial needs here on the county side. So, again, we kind of went through the discussion, heavy discussion of reducing the reserve fund, but then channeling it towards the finance and economic situation here. So we're going to discuss that at our next meeting with our finance and economic development committee. CM Waters: So what we're doing is, we've created a permitted interaction group made up of four members. And we're gonna we haven't actually passed the big one yet. But that's definitely on the table. Because we have this reserve fund, but you can only access it on their certain economic conditions. So we're thinking of creating, or at least, I'm thinking of creating, and what I'm gonna present to the rest of the members,just like what you guys are talking about, that that the admin cannot access, other than to give it back to the people. CM Carvalho: Reminder we will have the Executive Director review that we will need to do in the next meeting. ED Parsons: Yes, we will schedule an executive session for this. April 14, 2023, HSAC Meeting Agenda Page 16 1 SA °°couwt�t CM Carvalho: I just wanted to mention a little bit about the conference. I mean, we're not going in depth right now. But just to say that we're moving forward, the dates are set, we have the locations for people to visit from one to the North Shore, one on the south shore. Exciting sponsorship coming our way to help this move forward. But again, it is September 21/22. iii. County of Maui CM Paltin: Last night, we had our Lanai budget hearing. We got the budget. March 25. We had like one week of individual review and then this past two weeks we've been asking questions. It's Mayor's first budget in a little bit different format; he put about 8% into the affordable housing fund. I think that's around 43 million, we're putting 40 million into the emergency fund. They say to keep trying and they're trying to get a better bond rating. by upping our emergency fund to 20% of our revenue. It's a little bit over a billion dollars. We're recognizing about 60 million in TAT funds. But if everything goes kind of state, anticipate where we're going to be more like 70 million maybe. So many vacancies, especially engineers and police officers, and, and basically everything. One of the issues we're talking about, because you know, Maui's high cost of living and a lot of the jobs that we have in the county that are like 50, grand and less annually. We're just not really able to fill them easily. You can make more working in a hotel or, or whatever. So kind of an issue, I guess with collective bargaining like 50 grand a year won't go as far in Lahaina as it will in Hilo,you know. We accepted some folks to our boards and commissions. And the other big thing we recently accepted our version of the International Building Code from two years ago. Our property tax rates are pretty much staying the same under the mayor's proposal, I think he discounted the lower levels of owner occupied maybe 10 cents, and then raised the tax level a little bit. But other than that most of the tax rates are coming. Coming in the same so far. I'm waiting to see what the certified revenues come in. So make our adjustments. Since I've been on the council, we have done kind of a different spin than previous decades of budget where, you know, the mayor proposes his budget. And we get to also propose a number of priorities, one countywide priority to district specific priorities. This year, we are also allowed to earmark some pots of money and one revolving fund. We can do any earmark, so it kind of has to get five votes, it's a way for April 14, 2023, HSAC Meeting Agenda Page 17 s«Te s.• SA 0z• °Frog,1%e' council members to add in funding for their project. And it's been working out okay. Sometimes we put the money in and the project doesn't get done, but so just do your best. And for our agriculture, we've kind of six tax the land is agriculture. But if there's a dwelling on it, the dwelling gets taxed as whatever it is like if it's owner occupied house, it'll get taxed at owner occupied if it's a non owner occupied, it'll get taxed at non owner occupied and then the surrounding land gets taxed at whatever the agricultural rate is. iv. City and County of Honolulu CM Waters: I just wanted to talk briefly about our tax system as well. So because of the increase in property values, we generated 14.1% more income which is quite a bit or the property tax value when 14.1% So but our mayor is proposing a one time $300 tax rebate. That's gonna end up costing about 44 million and the rest of the money that was generated, he wanted to spend on filling vacant positions. Just like on Maui always having a really hard time filling vacant positions, because nobody wants these low paying jobs.And I guess it's kind of difficult.And I've been kind of pushing the Department of Human Resources to rewrite the minimum qualifications so that you can raise the pay. And what they keep telling us is it's because of the unions because of the unions, but I'm not buying it,you know, really got to look at rewriting all of this, which is a lot of work. One of the things that our council is looking at is long term tax relief long term tax relief on the books right now, we have a circuit breaker that if the total income of the title holders in a home is $60,000 or less, their property tax is capped at 3% of their income. We only have 3500 homeowners out of the 152,000. But out of all the homeowners, only 303,500 people take advantage of this. So one of the ideas I have is to get the word out to get more people to apply. But we got to build. Currently going through the council up for third reading is increasing the circuit breaker from 60,000 to 80,000. So that would say that if you make 80,000 or less,you're capped at 3% of your income and that way we help the most needy people. Because we're looking at homeowners exemptions, increasing it across the board And we're looking at what other companies do. We had Scott from Maui come and present to our budget committee what Maui does. And what really struck me was when finance director Teruya said, this process took 10 years for Maui to do right just to play with the numbers and work at it. And I really liked what April 14, 2023, HSAC Meeting Agenda Page 18 i SAN : tcouoof he's done, especially with homeowners exemption. And if you have a renter, you give them the same thing. And we're looking at all that ourselves. Like a long term lease exemption, we're also looking at creating a reserve fund, like Kauai, so that we can dedicate money specifically for tax relief And, oh, the Salary Commission, which I'm sure you folks all probably heard in the news, has made recommendations for 60% pay raises for council members. The debate has really been focused around part time versus full time. All right, although there's nothing in our charter nothing in our ordinances that say that were part time. Apparently back in 1954. A salary commission at that time opined that you wanted citizen legislators and therefore, we want them to have other jobs. And that's really it. I think, in 1987, another salary commission quoted the 1954 salary commission. But again, there's nothing in our charter or our ordinances that say that we're part time but there's gonna be I don't know what my council is gonna do on this.. The salary commission takes a final vote at the end of the month. As it is, now, the council has the ability to deny the reasons for ourselves, and for the mayor and the Cabinet members. And I think if it actually goes through, it may help the other counties to actually raise the pay as well. Because honestly,folks,for me,personally, I don't want a second job. I want to concentrate all my efforts at doing this job and doing this job the best that I possibly can. And with seven neighborhood boards a month plus various community meetings that go to 10 o'clock at night. This is, this is two jobs. Some weeks, I'm working 60-80 hours a week. But, you know, it's hard thinking away from your family. And really, I could be working, you know,full time as a lawyer, but I don't want to do that. But anyway, the last thing I wanted to talk about was Bill 10, which is a rewrite of our land use ordinance. Somerset memorial was on the call, she actually created a website specifically to that bill. And Vice Chair Kia'aina is breaking that bill down by categories and discussing it at each meeting. So we did industrial, that we do commercial, that we're going to do Ag, industrial, residential.And it's been difficult, but we're getting through it. CM Kimball: I have a couple of quick comments. With regard to staffing. You know, that's been an issue in our county as well. And you know, getting around the issue of the union's in the rates that they are setting for pay. That's where we've invested in the training.And also another place we've invested is if folks are required to carry a license for their position, we're paying for the April 14, 2023, HSAC Meeting Agenda Page 19 'J��TEus�S(��, SA 0„ license, and any training that's required to do that. So we're trying to assert the fringe benefits. We've also for a couple of the bargaining units been able to add a hiring bonus. So for example, we're doing a $2,000 Hiring bonus for lifeguards, which has helped us get a bunch of lifeguards which is wonderful. So something to consider with your budget is some of those potential fringe benefits that are not necessarily requiring union approval. The other thing I wanted to say was that I had been working on an affordable housing amendment that would have allowed a certain percentage of our affordable housing units to be set aside for county workers if they met the income qualifications. It was something that was modeled on Campbell County, in Santa Clara, and the city of Campbell, sorry, in Santa Clara County, which is where Palo Alto is, and all of that. What our corporation Council determined was that in order to do something like that, we had to demonstrate a clear need to fill in for certain vacancies. So for example, tomorrow, if you could, you could prove that your police force issue was,you know, an emergency situation, you could make that amendment where there'd be a preference for housing for people in the police force. We don't have that sort of data. So we couldn't put forth that amendment. But something to consider is a preference model. CM Paltin: We were doing something similar. Like we bought an apartment building in Lahaina, and there's 15 vacancies and I was seeing if maybe we can put in County engineers or county police in there and the or, you know, the water department has maybe three out of their 14 engineers slots filled. But I was wondering what you had said about the circuit breaker. The folks that live in condominiums over here are not too happy with the way that ours goes because it takes into account the cost of the entire building structure. And not for condos, you know, it's plenty of little units. So when they take into account the value of the entire structure, it makes a circuit breaker not really work for them. Have you heard anything about that with your circuit breaker? CM Waters: Not in regard to the circuit breaker but are the administrator in budget and fiscal services that deals with this stuff keeps talking about condos, and honestly, I don't understand that. But I want to meet with him to talk about it, because he does bring that up. But I didn't put those in relation to the circuit breaker. But maybe I gotta go back and take a second look at that. April 14, 2023, HSAC Meeting Agenda Page I10 ° CM Paltin: The other thing with condos or multifamily is our water rate structure because single family homes are tiered water rates because they figure you know, the first 5000 gallons or so are just regular living expenses. And then as you waste more water, you pay for more. But for condos, the tiered structure doesn't really work And so they're gonna just do a flat rate this year instead of tiered for condos. And it's kind of higher than the whole tier structure. But our water rate revenue is like, the costs are far exceeding the revenue. But a lot of our condos are also used for short term rentals. And so then the people who live in condos that are not short term rentals feel like they're paying too much for their water delivery service. And they've been very talking about having a special rate on water for hotels. CM Carvalho: I guess for me overall, I mean, I saw that we're all in the same, obviously, situation, right. And we all try to figure out what is the best way. Same for us, even for the workforce part of it, we tend to see discussion for police officers or firefighters, even our entry level positions. I mean, how to, you know, help that along, you know, encourage that kind of support. And I think that's a big part overall, for additional support that in our course, the bargaining unit part that they have you brought that up, right. Yeah. And looking at what their package is, but they can enhance some of the opportunities, like before. But anyway, I think we have that shortage as well and want to try to encourage more within our communities, right. As far as housing again, same thing I mean, senior housing, workforce housing, we're working on teacher housing opportunities too, you know, and seeing how we can hold on to our teachers. And so anyway, I just wanted to kind of throw that out in a bit. CM Waters: I have a quick question, or the other county is, you know, the EPA is doing investigations around the country dealing with these chemicals. And we've found these chemicals in our drinking water. And the Navy, you know, that spilled recently at Red Hill with this fire retardant. And they're not very forthcoming with information with regard to this. But I'm just curious if the counties are dealing with this type of thing. CM Kimball: So far, we've tested 12 of our wells, and so far, no detection of it. We have about seven more that need to be tested that haven't yet. But then I don't know if I've ever mentioned that. But through NACo, I was appointed to the EAS local government advisory committee. And so that's actually one of our focus areas has been that issue. So I'll keep you abreast of anything. April 14, 2023, HSAC Meeting Agenda Page 111 ,-,0E,ss°w% SA 0 You know, what the primary function is to review any of the programs coming out of the EPA and a lot of those have to do with the grant funding available through the IRA. So if I get alerted to anything going on, particularly with funding, I'll make sure to pass that on. One of the things that I should send out to all you folks as they do now is that the EPA provides these technical centers, these local technical centers to help communities do the grant applications and, you know, do other work with the EPA. So that's something that's now available to local communities through the IRA. And I'll share that information with you folks after the call. CM PAltin: We don't have anything new that I'm aware of But there is a wellhead, overly Wellhead Protection overly built that is one of the priorities of our water department. The upcountry area is already under a consent decree because of I think like the DBCP and the chemicals used in pineapple farming, and, you know, plantation. Back in the day, I think that Hawaii was allowed to use these restricted pesticides for a number of years beyond what the continent was allowed. So they have to meet a number of conditions before they can use wells and drill wells up country. I'm not exactly sure what those conditions are, but it's like a Felix consent decree for that area. Recently, we had like a 700 gallon fuel spill up top of Haleakela and so they're still in the process of cleaning that up. But we haven't really heard about the long term testing on that. CM Carvalho: Again, it's the same situation, but nothing at the forefront. But like what Tommy had mentioned. prepare Okay, re are ourselves. The other one, I just want to draw. I mean, it's on the Y opposite side is we folks that we, you know, with the wastewater treatment, and conversion from septic, I mean from cesspool to separate, because we're going through a lot of that right now, too. And that's been placed on a table just a little bit for now, if there's any issues with that part. CM Kimball: We have so many to convert. And there's some folks private, well, educational institutions, Arizona State and is doing a lot of work out here in some of our areas, and it's looking like conversion to septic is not going to be an improvement in terms of waste water quality, especially in the near shore areas. So we're gonna have to look at smaller distributed systems for Hawaii County, I think, rather than individual wastewater treatment options, so that it throws a whole nother wrench into the mix for us. April 14, 2023, HSAC Meeting Agenda Page 112s<.E"sA , iSpNa CM Paltin: I recently had met with a lady that is on Hawaii island, she worked for NASA before, I guess, keeping the astronauts alive. So I think similar, the deadline to convert the typography. And the lot sizes are really prohibitive, as well as the cost to change over from cesspool to septic. Personally, I was always a fan of composting for home use composting toilets. And I'm not sure if the rest of the agreed water could be used for this or septic or what but agree that we're in big trouble if they expect us to meet the deadline. It's my knowledge we have not distributed any of that monies that we got from each county being passed through from the state to convert that pilot program. But yeah, it's not looking good. CM Kimball: One of the things is for you folks is so one of the things we're working on our short term vacation rental law. One of the things we're considering adding is a requirement that they actually be converted and actually pushing them to do the conversions. CM Carvalho:All reports received. c. NACo Report CM Kierkiewicz email: Please find attached my NACo Board Report for April 2023, a curated list of important announcements and resources. Underlined text hyperlinks to webpages and reports. If you haven't already, I urge you to submit for a Presidential Appointment and/or join one of the many committees NACo convenes. Committees typically meet once a month over Zoom (or Teams, ugh!) and get together in-person during conferences. I've found it to be personally rewarding in terms of friendships forged, ability to influence federal policy, sharing ideas, and ensuring islands perspective is elevated. Report notes upcoming webinar (April 20) to learn more about why you should serve on a committee. If you have questions,feel free to reach out. I currently Vice-Chair three committees and serve on the board of directors, so am really passionate about these opportunities and would love for there to be more Hawai`i representation and leadership across all committees! The' report also includes a list of all NACo conferences through 2025. This is to help with planning future Council calendars. April 14, 2023, HSAC Meeting Agenda Page 113 isigEAss SAS, CM Carvalho:Motion to receive report. Reports received. d. WIR Report CMPaltin: We're scheduled to go to Washington County, Utah. May 17,18,19. : e. Executive Director Report Executive Director Report April 14,2023 Last report was given on March 20, 2023. The following is a summary of the work being conducted by the Executive Director. V General Administrative Duties: a. County Leadership Institute(CLI)program, HSAC nominee: CM Ashley Kierkiewicz has been accepted into the program. b. Travel reimbursement requested for$1800 under "NACo Steering Committee Travel"budget line, max of$2000 for reimbursement.As of March 13, 2023, the budget has$4000 remaining unused. c. HSAC is signing up to the "Live Healthy program."This is the NACo drug prescription program that generates revenue for HSAC. We will be building out communications about this program over the next year. i. Counties can appoint new contacts to assist with the program and receive regular updates by visiting www.NACo.org/Health or using this webform. There is also a video about the program linked here d. Upcoming presentations: i. Professional Development Academy. ii. President Carvalho and I met with Luke from PDDA this past week, excited to invite him to present to us. VI. Treasury Update: a. Form 990 tax filing due in May 2023. Working with the Treasurer's team to update Schedule 0 to reflect accurate description of activities over the past year. b. Worked with the Treasurer's team on the HSAC FY24 draft budget. c. Met with the Treasurer's team to update the Treasurer's policy. April 14, 2023, HSAC Meeting Agenda Page I 14 .,.. .,:� SAS. o: Oa 0 ... �OUt�1n..`y;- d. Working on getting quotes from various accounting firms for an audit of the accounts. VII. Secretary Update: a. Requested updates to the HSAC website to reflect the new county members after the election. b. Gave feedback on Bylaw amendments being proposed. c. Need clarification on the process of communicating reimbursements and communications for items to be added to the agenda. d. Reminder that requests for agenda items must be communicated via memo to the President's office 10 working days prior to the HSAC EC meeting and copy the Executive Director. VIII. NACo Update:Registration is open for the 2023 NACo Annual Conference in Travis County, Texas.July 21-24, 2023. IX. Legislative Update:Jon Okudara X. Request to schedule dates for May and June HSAC EC meetings. XI. Printed materials for HSAC including advertising. CM Carvalho:Motion to receive ED report. Report received. d.Legislative Update Jon Okudara: HSAC AND HSAC-RELATED BILLS Introduced as part of HSAC package. HB118, SD2 RELATING TO TRAFFIC FINES. Clarifies that each county may, by ordinance, designate certain sections of county highways as areas in which stopping, standing, or parking vehicles is prohibited or restricted. Senate Draft 2, added provision that "...any federal or state agency authorizing a road closure shall preempt a county ordinance." I think that the House will agree to the Senate amendments. The effective dates in the House and Senate drafts are the same: July 1, 2023. April 14, 2023, HSAC Meeting Agenda Page 115 ;,St�TEAS�'., 1 SA 1/62) Introduced as part of HSAC package. HB 116 Relating to Special Management Areas. SB 207 Relating to Special Management Areas. The purpose of these bills was to amend the floor area of a single-family residence excluded from the definition of"development,"from 7,500 sq.ft. to 5,000 sq.ft. The vehicle for these bills is: HB 365,HD1,SD2 RELATING TO SPECIAL MANAGEMENT AREAS. Establishes additional exclusions from the definition of "development" as it applies to special management areas to reduce the need for special management area permits for certain activities. HB 365, HD1, SD1, retains the 7,500 square foot threshold for single-family residence. Changing the exclusion of the 7,500 sq.ft. threshold for single-family residence to 5,000 sq.ft. in the SMA law is not necessary and probably better done by a county using its zoning ordinance. Reason: • DPP (Honolulu City and County) opposed the change to 5,000 sq.ft. testifying: " [T]he reduction from 7,500 sq.ft. offloor loon area to 5,000 sq.ft of floor area is unlikely to capture projects with particular adverse impacts, but will require a lot of dedicated resources from the county governments, which are already struggling to keep up with the increased permitting load..." • OSPD testified that "Floor area"has been defined by county land use ordinances, and the definition of "Floor area" should be deferred to the counties. " The counties can use their zoning ordinance to regulate the floor area of single-family residences in any SMA in the county. I think that the House will agree to the Senate amendments, which are the same as in the House Draft 1. The effective date in the Senate draft is "upon approval". Introduced as part of HSAC package. HB 115 Relating to Employees'Retirement System. SB 206 Relating to Employees'Retirement System. .......... April 14, 2023, HSAC Meeting Agenda Page 116 \„,, A, .„! COUP1�.. The purpose of these bills was to `provide an incentive to recruit and retain more police officers, by deleting the age 55 requirement for a member with at least 25 years of credited service. The vehicle for these bills was: SB1158, SD1 RELATING TO THE EMPLOYEES RETIREMENT SYSTEM, which proposed establishment of a retirement allowance for a county police officer becoming a member after June 30, 2023: • With 5 years service, age 55; • With 25 years service. Testimonies from B&F and ERS opposed the measure because of the increased costs for public employers... Act 29, SLH 2011, was enacted as "...a means of ensuring the financial viability of the ERS and benefits to those covered by the system." In 2011, ERS testified that: "State law requires the UAAL to be amortized (paid off) in 30 years. If the projected amortization period is greater than 30 years, employer contributions are subject to increase. Currently, the amortization period for the UAAL exceeds 40 years. Current employer contribution rates are 15% (9%for the UAAL) of payroll for general employees and 19.7 % (13.7% for the UAAL) for Police Officers and Firefighters. If no other legislation is enacted, the employers contribution rates will have to be increased to 23% for Police and Fire employees and 17%for All Other employees in fiscal year 2012 to bring the amortization period back to 30 years." ERS testified that retirement plans are not the only solution to the recruitment and retention of police officers. SHOPO testified in support Maui Police Department testified in support Grassroots Institute offered comments of concern for the stability of the ERS. Introduced as part of HSAC package. HB117 RELATING TO THE REGULATION OF TOBACCO PRODUCTS. SB208 RELATING TO THE REGULATION OF TOBACCO PRODUCTS. The purpose of these bills was to reauthorize the counties to enact restrictions on the sales of tobacco products. April 14, 2023, HSAC Meeting Agenda Page 117 (4SA iz- The vehicle for these bills was: SB1447, SD1,HD1, which proposed to allow the counties to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices that do not conflict with and are more stringent than the state law that govern smoking. These measures are not required because, section 328J-15, HRS, which is substantially similar to SECTION 3 of SB 1447: §328J-15 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter. (b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter. SB 1447 SECTION 3. Section 328J-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Nothing in this chapter shall prohibit a county from enacting ordinances that regulate the sale of cigarettes. tobacco products. and electronic smoking devices within the county: provided that the ordinances do not directly conflict with and are more stringent than the provisions Qf this chapter. Added to the HSAC list: SB430,SD2,HD1 RELATING TO THE HAWAII FARM TO FOOD BANK PROGRAM. Establishes the Hawai`i Farm to Food Bank Program and Hawai`i Food Assistance Program Special Fund to alleviate food shortages in the State. Makes an appropriation. Conference committee scheduled for 04/26/2023, has to: • Insert an appropriation amount and get clearance from FIN/WAM • Amend the effective date. XII. NEW BUSINESS a. Communication (03/13/2023) from Moana M. Lutey, County Clerk, County of Maui, transmitting Resolution No. 23-99, APPROVING THE April 14, 2023, HSAC Meeting Agenda Page 118 SAc HAWAII STATE ASSOCIATION OF COUNTIES' ,,, OFFICERS AND ALTERNATES. Adopted on 03/10/2023. CM Carvalho:Motion to receive, received. b. Communication (03/31/2023) from Treasurer Tommy Waters, City and County of Honolulu, request for agenda time to discuss HSAC 2024 Proposed Budget, Bylaw Amendments and Withdrawal and Substitution of Counsel. i. HSAC 2024 Proposed Budget. CM Waters: HSAC Bud Justifications get FY 2024 1. Beginning Balance will be determined at the close of the Fiscal Year. As of March 31, the account balance was$189,892.53. 3. Membership Fees will remain the same. 4. NACO Dues will remain the same. 5. Conference income: $60,000, divided by 4 =$15,000 from each county. The host county is primarily responsible for generating conference revenue. Other counties are encouraged to support via sponsorship, the golf tournament, and registration. 6. Interest Income will remain the same. 12. EC Travel is increasing from $19,750 to $23,600. The number of in person meetings has decreased from 12 to 3 per year and the amount per trip has increased to accommodate for one overnight per year for EC members to attend state legislative meetings during session. April 14, 2023, HSAC Meeting Agenda Page 119 a'�"TE���`►A SAS.: couer�.. o Travel includes:Air, Ground, Lodging, Registration • One day travel = $300 which includes car rental ($100) and round trip flight($150). • 3 members will be traveling, as 1 member remains on island • Proposed budget includes 4 in person day trip meetings per year for HSAC EC. Total of 4 visits per year,for 3 members. • 12x$300 = $3,600 o EC travel for all 4 members to mainland conferences estimated at$16,000. • $2500 per member according to the bylaws • 2 conferences annually on the mainland out of the 2 NACo and 1 WIR. • 2 x$2500 = $5000 annual allowance per member • 4 members x$5000 = $20.000 o Total for EC Travel = $20,000 + $3,600 = 823.600 13. EC Auditing/Professional Services will remain the same. 14. EC Meeting Supplies will remain at$200. o $50 per meeting x 4 meetings per year in State = $200 15. EC Subscriptions&Software remains the same. Includes but is not limited to squarespace website fee, domain purchase, zoom account, google drive storage. o Including the $900 annual fee for Quickbooks. 16. Special Committees- Travel&Miscellaneous (Line item 17& 18) remains the same. 20. NACo Travel increased by$6,000 to $30,000.' o Travel includes:Air, Ground, Lodging, Registration o $2500 for each of the 3 board members, 4 meetings per year. o 4($2500x3) = $30,000 21. NACo Steering Committee Travel remains the same. Currently there are no steering committee members but the budget line remains to accommodate if those positions are filled 22. NACo Events(prior name "NACo Promotional") decreased to $0. April 14, 2023, HSAC Meeting Agenda Page 1 20 St�T.A40 iSA 23. NACo dues included as revenue; each county to remit assessed amounts to HSAC for payment to NACo. COUNTY 2022 DUES HSAC TOTAL REQUEST AMOUNT DUES FROM EACH COUNTY Hawai`i County $3,452 $15,000 $18,452 City and County of Honolulu $19,064 $15,000 $34,064 Kaua`i County $1,342 $15,000 $16,342 Maui County $2,893 $15,000 $17,893 TOTAL $26,751.00 $60,000 $86,751 25. WIR Travel increased by$3000 to$15,000. o Travel includes:Air, Ground, Lodging, Registration o Budget for$15,000 = ($2500 x 2 Board members x 3 meetings). 26. WIR Events& Outreach. Previously used to be "WIR Promotional." This line item remains the same. o Includes but is not limited to AV or room rental for hosting events at the conferences, as well as food and refreshments for these meetings. ( 27. WIR Dues remain the same. 29. HSAC Promotion and Outreach increased by$145 to $15,000. o These funds are to help cover costs related to communicating HSAC activities and reports to its members, other government officials, and the public. This also includes mailers, advertisements for annual conferences, etc. 30. HSAC Consulting Fund remains the same. 31. HSAC Administrative Services(ED) increased by$2,261.76 to $50,261.76. 32. HSAC Executive Director Travel increased by$1500 to $7500. o Includes 2 trips at$2500 for NACO Annual Conference and Legislative Conference, and 1 trip for Annual Conference at$2500. o $7500 allocated for reimbursement of travel expenses to attend NACo &HSAC April 14, 2023, HSAC Meeting Agenda Page 1 21 • 1 S oie/ events. o Cost of the flight not to exceed the amount to travel from Honolulu to the conference venue. 33. National Council of County Association Executives Dues This is a new$750 item to cover dues for the Executive Director to be a part of the National Council of County Association Executives. o This is a beneficial Association for HSAC to learn from other counties ALL:Discussion on the various budget line items . CM Carvalho:Budget adopted and moved forward. ii. Bylaw Amendments. CM Waters: Introduce the ByLaws with proposed amendments. Went through the bylaws and made some, some technical edits for clarity. But also, I wanted our bylaws to track the changes in the budget. I remember we had a discussion earlier this year, where we're talking about what we're actually going to reimburse. Remember, whether it's NACo board executive committee, why our Board Representatives, so those types of changes were made to make sure that it tracks the budget. But the other thing I wanted to clarify in the bylaws was that to make it easier for us to communicate with each other, I know right now the bylaws require us in writing to the President. And that has become somewhat cumbersome. Suggestions to change that so that we can email rather than writing a snail mail letter,putting a stamp on and sending it. Sommerset Yamamoto: There's technical edits, to provide clarity, updating of the bylaws to reflect the updated organization of HSAC, including having an executive director, and then also updating sections to provide clarity and reduce duplicity. There's some technical, non substantive changes. But the big changes, the first one is on page five, and that has to do with the duties. So we just clarified it and did a little bit of reorganization. The Secretary shall be responsible for updating the bylaws and shall cause to be kept records. Same with the treasurer, to keep financial records. At the very bottom, it does say an execution of any and all of these duties officers may April 14, 2023, HSAC Meeting Agenda Page I 22 3optEAN #I SA i work with staff to ensure continuity efficiency. The second change is on page 10 and that's related to meetings. And if you go to the bottom conduct of business, there's already been an opinion that this board HSAC is not a board as defined by HRS 92 F And so this means HSAC may follow 92 F but it doesn't have to. It's not actually required by statute, we just want to make sure that, you know, any conversations that executive member officers are having with each other, it's clear that you can. Page 11 to 12. This is just clarifying travel expenses. So, as you guys are aware, we used to have travel expenses in three different sections, there was a budget section, a Travel section, and there was another Travel section in the policies. And so what we did here was we clarified on page 11, at the bottom, that travel expenses and registration fees may be incurred by eligible participants as defined in Section 19. What we had before was there was section 19, that defined eligible participants this section did, as well as in the policy. So this way, we just refer to the section that actually has the eligible participants. And, you know, as we were talking about today, incurred travel expenses are payable only when allocated in the HSAC annual budget. So we made sure that it's clear that the budget is actually what's going to determine the 2000, or $2,500 allocation. So moving to travel, we cleaned this up. So this is where we define eligible participants, and eligible participants include its executive officer or designated alternate, and this is for each annual meeting and executive committee meetings. Number two, is this. It's not actually a new section. So I know it's underlined, meaning it's been added, but it's just because it's clarifying what used to be a part of number one, but for clarity, we broke it into two. And this one is HSAC, executive officer or alternate to go to NACo, or legislative annual or WIR conference, so they can go to two. Number three, we clarified to make sure that it was they were conducting their duties as directors. And that was just because we wanted to make sure that any duty that the director or NACo board member has to conduct whether it's a business meeting or a presentation, that that would be, it doesn't need to be like an official vote or something like that. And then number seven is just providing that the executive directors travel and expenses are covered. We've also added for an eligible April 14, 2023, HSAC Meeting Agenda Page 123 .'a �TEu •.. SAN* COU participant, we're including rideshare, because a lot of people are using that. And then, you know, expanding it to public transportation. Now, we're moving into the procedures, which start on page 16. The first change is actually on page 17. The chairperson does draft the agenda. And any information to be discussed at the meeting shall be sent to the chairperson. This just gives a little bit of flexibility and how it doesn't need to be mailed. Doesn't need to be a memo and doesn't need to be received 10 working days before I think that that can sometimes cause a little bit of an issue. The Treasurer's Report received closer to it or even if we get letters or things like that, being able to add them to the agenda so long as they can make a six day posting deadline. And I don't know that these agendas have been mailed because but in this case, we are saying that they can be electronically sent. And this is I think, for a couple of reasons. One, we don't know what's happening to mail at the various offices, I know that Kauai in the past has had an issue with mail. They weren't getting checks and things like that. And so making sure that electronic communication is available, and then also saving the earth. So page number 21. Sorry, we didn't make changes on these. But page number 21. We just removed the Travel section because it's duplicative. We already have it in as we talked about in the bylaws, and then page number 22. We have reimbursement procedures. So right now there's a requirement that it'd be mailed to the treasurer's office, as we talked about just for record keeping, we think that it's better to actually electronically submit it. And it must be received by the treasurer and President no later than 30 days, meaning that if it comes in to the executive director, or whatever, it might be the executive director. It just has to be received by the treasurer and HSAC president no later than 30 days after the travel has taken place. CM Carvalho: We are requesting an OIP opinion on this. Requesting to defer and come back again to look at one more time. Item deferred. iii. Withdrawal and Substitution of Counsel. April 14, 2023, HSAC Meeting Agenda Page 124 s«'i so' SAci Sommerset Yamamoto: HSAC filed an amicus brief. As a corporation we need a substitution of counsel. And our former counsel has left her law firm and gone over to the AGs. And because of that the law partner there is interested in removing himself. And based on that Tara has volunteered to follow up because we are a corporation, OCS as well, because we are a corporation, we need a substitution of counsel. So our organization needs to be represented. Tara Buckley: Aloha, everybody. I'm taking this over from Miranda, who's a friend of mine. And she:really enjoyed doing it and just unfortunately got conflicted out because she left her job and is now working for the state as a Deputy Attorney General. So she just can't continue doing it. But basically, these are the big climate change cases that have been coming around all around the country where people or organizations in certain areas are suing big oil companies for the damage that they do when they're working within certain areas. So they started up two lawsuits here, one by the City and County of Honolulu, and then one from the county of Maui against a whole group of these companies. And we have been helping by writing amicus briefs, as well as a bunch of other people have been writing me amicus briefs as well. And so we're working on right now, one in the City and County of Honolulu case, which was just accepted by the Supreme Court, which is exciting. So they don't have any kind of hearing set yet, because Justice Wilson and Justice Nakayama are in the process of retiring, so they're going to have to be placed. And that will take some time. But in the meantime, we're working on an amicus brief to talk about the ways that these people affect the counties. And there are a lot of things that affect the counties when climate change happens. I mean, there's a lot of infrastructure that's affected by climate change, rising sea waters and things like that will affect all kinds of work that people do for the county, including things like roadways and work that you guys do with local wildlife and things like that. And so that's how we get in there to give our opinion about how it affects the counties and it gets good stuff and important stuff. And I'm happy to help with it because I think it is something that we really need to be doing. Now. These guys are causing a lot of damage around the April 14, 2023, HSAC Meeting Agenda Page 125 (SA iZ• murR_.' country and around the world. And there's any way to hold them accountable. And that's what we should all be doing. So this case has kind of gone all over the place, it's gone. From the state to federal court back from federal court, it's been in the Intermediate Court of Appeals. Now it's going up to the Hawaii Supreme Court. So because it's jumped around so much, we are able to have an opportunity to write a second one which covers different issues. So there is an original brief that was filed. And we're right now working on another one that's just slightly different from the first one to kind of add more information and respond to some of the things that have been said by the opposition to try and make it so that the county, they tried basically to dismiss our case. And so we're responding to their arguments that we don't have standing to bring this type of case. So we are, at least, making these arguments as an amicus. So for example, they're saying we shouldn't have standing. So we have to go in and talk about how counties are directly impacted by climate change and, and what it does to the counties and how much it costs the counties and things like that. So that's what this Amicus is about. It's more about responding to those arguments that we shouldn't even have standing to make any arguments in the first place. Right now, we're focused on the City and County of Honolulu case. Yeah, the Maui one is just kind of stalled a bit because they're waiting to see what happens with this one. Because if they're able to dismiss people out of this one, they'll probably try to do it in the other one. So they've sort of been on parallel tracks. And so now he's just kind of sitting for the moment while we deal with this part in the Honolulu case. c. Resolution from City and County of Honolulu, No. 23-24, FD1 RELATING TO APPOINTMENTS FOR THE HAWAII STATE ASSOCIATION OF COUNTIES. Adopted on 02/22/2023. CM Carvalho:Motion to receive. Received and approved. April 14, 2023, HSAC Meeting Agenda Page 126 reAss;... z *iSAsa d. Communication (03/31/2023) from HSAC Secretary Heather Kimball, Hawaii County Council, requesting discussion on board insurance for the HSAC board. • CM Kimball:Request to defer communication to next agenda. e. Review and approval of budget request for $1800 for CM Ashley Kierkiewicz to attend County Leadership Institute in Washington D.C., June 12-14, 2023. To be debited from NACo Steering Committee budget allocation, which has a current balance of$4000 remaining. f. Review and approval of AMENDED AND RESTATED NACO/STATE ASSOCIATION DISCOUNT PRESCRIPTION DRUG CARD PROGRAM MARKETING AGREEMENT. CM Carvalho:Motion to approve. Approved. g. Review and approval of Form 990 Tax Filing for 2021. CM Carvalho:Motion to approve. Approved. h. Presentation from US Department of Homeland Security, Customs and Border Protection (CBP). ED Parsons: Defer item to a later date when the CBP individual is available to present. XIII. OLD BUSINESS April 14, 2023, HSAC Meeting Agenda Page 127 -s<.'E"Sso,,, '••, SAir XIV. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting. CM Carvalho: Next meeting:May 9, 2023, noon, including an Executive Session. June 26, 2023, 9 a.m., including General Membership. XV. ADJOURNMENT • E ASS0 Hawai`i State Association of Counties (HSAC) sA 11.1Counties of Kaua`i Maui, Hawaii, and & of Honolulu �1 City County * * Website:hawaiicounties.org i Email:hsacna hawaiicounties.orq I' Op y MINUTES HSAC EXECUTIVE COMMITTEE MEETING MONDAY,MARCH 20,2023 11:00 A.M.,or soon thereafter In Person Honolulu City Hall, 530 South King Street, Council Multipurpose Room,Honolulu,Hawai`i 96813 Via Videoconference Zoom link MeethIg;ipz,860 7069 5102 ,r';Passcode '878633 City and County`of Honolulu 530 South King Street;,'Room%202,Honolulu,Hawaii 96813 County of Hawaiit 25 Aupuni Street, Suite 2409,Hilo,Hawaii'.96720 County,of Kauai ' 4396 Rice Street, Suite 209,Lihu`e,Kauai,Hawaii 96766 County of Maui 200 S. High Street,Wailuku,Maui,'Hawai`i 96793 4" Attendees: Via zoom: Nahelani Parsons, CM Ashley Kierkiewicz, CM Sue Lee Loy, Ana Lillis, CM Bill DeCosta, Allison Okasaki, David Raatz, CM Dr.Addison Bulbsan, CM Felicia Cowden, Kaci Tsuneda, CM Mel Rapozo, R Machado, CM Tyler Dos Santos Tam, Lisa-Watanabe In person, Treasurer Tommy Waters, Secretary Heather Kimball, Vice President Tamara Patlin, President Bernard Carvalho, Somerset Yamamoto I. CALL TO ORDER II. APPROVAL OF AGENDA Agenda approved. III. MINUTES • March 20, 2023, HSAC Meeting Agenda Page 12r ¢aTEAsso 0 N; y a. January 17, 2023,Executive Committee Meeting b. February 13,2023,Executive Committee Meeting Minutes approved IV. REPORTS a. NACo Report CM Kierkiewicz:Presidential Leadership and Committee Appointments. Applications open! Deadline to apply:April 30 Western Interstate Region Conference, May 17-19 • Washington County, Utah •Register by April 6 for$475 early bird rate (May 18 NACo Board of Directors meeting) NACo Annual Conference, July 21-24 • Travis County, Texas • Register by April 17 for $530 early bird rate 2nd Vice-President elected•Presidential Appointments announced NACo Fall Board Meeting, Nov 30-Dec. 2 •Ramsey County, Minnesota NACo Achievement Awards. Recognizing innovative county government programs • Deadline to Apply:April 7 NACo Housing Task Force. Pres. Winfrey initiative to illuminate housing challenges and opportunities. Deliverables: landscape report, toolkit with policy recommendations and best practices. Thriving Communities Technical Assistance to Align Investments Coordinate and integrate transportation and housing infrastructure planning and implementation •Available to 30-40 jurisdictions with populations of 250,000 or less. EDA - Public Works and Economic Adjustment Assistance Programs Funds design and/or construction needs to help communities become economically competitive • Request must be March 20, 2023, HSAC Meeting Agenda Page 13 • StpTEASSQ• �A1 _ A a consistent with regional CEDS, Up to 3,000 awards, grants up to $30 million •No application deadline. Long-Term Strategies for Strengthening Childcare Workforce March 21:Rural/Smaller Counties •March 22: Urban/Larger Counties Been on the phone with Matt Chase about the DOD meetings, would like to connect them with Hawaii county to meet with Kirsten when she visits. Pohakuloa lease is coming up for renewal. Approached at the DC conference to apply for the professional development leadership course, week long event in DC over the summer. Our counties have never put someone forward for this. Fee is $1800 for transportation, and accommodations. Nomination comes from the State Association director, the deadline is April 1. At large seat for NACo due April 30, other positions for WIR and NACo are handled every election. CM Kimball: We can do a lot more to put forward two for policy committees. Two per state to be a member of a policy committee. CM Kierkiewicz: To be in leadership,you would apply through the NACo portal. CM Cowden: Regarding childcare money, what if parents received the funds for childcare. Recommend this to be considered. CM Kierkiewicz: Recommendation to attend the webinars supported by NACo to further the discussion. Kirsten is interested in doing a workshop at the HSAC conference. CM Rapozo: Working with Kristen today and trying to get her as lunch speaker for the HSAC conference. NACo report received. b. Treasurer's Report CM Waters: Balance in the primary HSAC account: $222,110.69 Balance in the HSAC conference account: $10,000.46 - March 20, 2023, HSAC Meeting Agenda Page 14 SAS° .... Total deposit account balances: $232,111.15 Budget is due April 15. Treasurer's report received. CM Waters: We do put money in the budget for travel, both for NACo and WIR. We have three members from Hawaii. If we all go, all HSAC EC members and NACo members we do not have enough funds. We are also looking at increasing that amount to 2500. The budget is due by April 15. CM Kimball: Do we have a line item available for training in the budget? Maybe we should consider this. This could include professional development. c. County Reports:. i. County of Hawai`i CM Kimball: Budget on March 1, budget is a I% increase over last year, not significant in comparison to potential revenue changes. Being cautious pending outcome on funding on hazard pay. Did approve creation of animal control agency. Moved funds out of HPD. ii. County of Kaua`i CM Carvalho, Ross Kagawa was nominated to replace Luke Evslin, real property tax mixed use exemption, clarifies annual deadline to file for mixed use exemption. Bill 2895. iii. County of Maui CM Paltin: March 10 meeting confirmed, Mayors appointees, approved nominations to board and commissions. Have one affordable housing project, received ruling from board of ethics. Two members need to recuse themselves, any indirect conflict of interest, people should recuse themselves. Seeking an official opinion. Passed bill 4 -for first and second reading, way for buildings and properties that have been legacy use of short term rentals to willingly phase out the usage through AOAO vote which they record with the bureau of conveyances. Incentive is they can take advantage of non owner occupation. HAving a lot of shipwrecks, working on more enforcement and regulations. March 20, 2023, HSAC Meeting Agenda Page 15 :ISA PTEu ss zS �; iv. City and County of Honolulu CM Waters: Passed out the safe places bill, waiting for the Mayor to sign. Invited Maui Director of Finance to speak to the HNL budget committee about vacancy tax, current budget and fiscal services director has asked for $500K to study it. Maui does owner occupied and non-owner occupied. Want to provide more relief to local people who live here. Mayor suggests we give a$300 rebate to every owner occupied home. About 150,000 amounts to $44 million. Would like long term relief Whatever we pass today will not take effect for a year and a half. Bill 6, passed on first reading. Conversation with the Mayor on Friday. If want to self-cert you can, if you don't can go through the regular process. Met a bunch of architects that did not want to self certify due to the insurance, but if you want to then it is a faster way to get your project through. CM Tyler Dos Santos-Tam: Passed bill 25, cannot have bias discrimination when hiring, we are instituting bi-annual training for all city employees, along with ethics training. explicit in ordinances that cannot treat employees in a certain way and there is a training requirement. CM Kimball: We have the non-homeowner tax rate. $2 million above and$2 million below. Last summer we increased the exemption, to help homeowners be more progressive. Once you get to higher values. 20% up to $100,000 limits it,prefer that as a mechanism, more progressive, as it helps the lower income more. CM Waters:Mayor Kirk Caldwell did do third party review. CM Tyler dos Santos Tam: Many of the 3rd party reviews had deficiencies. Some developers are excited about self-certification for all the homes built out in West Oahu, all the properties are the same so only need one review. CM Paltin: we have a 300,00 homeowners exemption, regardless of tiers, everyone up to the first 800,00 pays the same rate. Then 800,00 - $1.5M pays another higher rate, and then there is a rate above that. there is another higher rate. Have a minimum tax between $300 - $400, the homeowners exemption must be set the year before. March 20, 2023, HSAC Meeting Agenda Page 16 SpTEAs SASz) '•....coup.. CM Waters: Question about remote and in person testimony. As the measures are called, we ask for both first in person testifiers that are registered, then in person unregistered, then remote registered, and then remote unregistered. CM Mel Rapozo:If you lose the link to the meeting, then you have 30 mins to restore the original link that was posted on the agenda, if you cannot, then you need to recess and re post the meeting. The planning commission had a situation where they could not connect again within the 30 minutes and everything had to be pre posted. Kauai county will be going to in person only to avoid this. CM Waters: We had a backup by agendize online. CM Mel Rapozo: We also share the live feed on the county website, the problem is for when the zoom link goes down and that is the access to the public. In time sensitive matters, it may cause problems for the 6 day sunshine posting requirement. CM Kimball: We stream on granicus with closed captioning, we offer remote testimony on several sites around the island. With the zoom, we do not offer the link on the agenda, people have to sign up to receive the link. If we have a break in the meeting or lose the zoom we let people know that we are trying to get it back, but the zoom link is offered as a courtesy only. CM Mel Rapozo: Would be interested in seeing that opinion. Somerset Yamamoto: In the rules we allow remote testimony but that differs from a remote meeting. Not the same issue for allowing testimony versus a remote meeting. Defined in the sunshine law. If members are all in person and you say members have to be in person, then it is not a remote meeting. CM Paltin: We use Bluejeans not zoom, it is a government platform. All the testimony up front and then each block of items has to take testimony before that. ChairRapozo: https::/%oip.hawaii.gov/wp-content/uploads/2021/10/In-Depth-Sunshine-Law-Requirements-for-M ulti-Site-and-Remote-Aleeth'gs-Efective-.January-1-2022.pcf'f CM Carvalho:All county reports received March 20, 2023, HSAC Meeting Agenda Page 17 :-:st" u.So SAc d. WIR Report ED Nahelani Parsons: Request to clarify if you want to do omiyage for WIR. CM Carvalho: Yes. WIR report received. e. Executive Director Report Executive Director Report March,2023 Last report was given on February 13, 2023. The following is a summary of the work being conducted by the Executive Director. 1. General Administrative Duties: o County Leadership Institute(CLI)program, HSAC nominee: CM Ashley Kierkiewicz, due by April 1, 2023. Travel reimbursement requested under "NACo Steering Committee Travel"budget line, max of$2000 for reimbursement.As of March 13, 2023, the budget has$4000 remaining unused. o Met with ResourceX, 3/1/2023, NACo affiliated program, offering budgeting software to help connect government resources to community's priorities. Resource Xis currently working with Hawaii country on a climate sustainability budgeting model. More information to be shared on this in May-June after Hawaii county begins the training sessions. o Met with the NACo programs director,John Losh, 3/6/2023, to discuss the "Live Healthy program."HSAC was participating in this program up until 2020 when the contract was not renewed due to the change in HSAC EC officers and roles. is All counties already participate in the program, the HSAC endorsement contract would allow HSAC to receive a portion of the funds generated from the program that are currently going to NACo. HSAC has received a new contract to re-enlist in this program in order to reinstate receiving the funds that come from the Live Healthy prescription drug discount card. March 20, 2023, HSAC Meeting Agenda Page 18 yt"tEu • SAc */: ■ Counties can appoint new contacts to assist with the program and receive regular updates by visiting www.NACo.org/Health or using this webform. There is also a video about the program linked here o Scheduling with the US Department of Homeland Security, Customs and Border Protection (CBP) to invite one of their speakers to present at our April meeting. Potential topics are as follows: ■ CBP Overview ■ What is CBP ■ Law enforcement components(Air and Marine Operations, Office of Field Operations, or US Border Patrol) ■ Local and national trends and operations • Travelers, trade, immigrants, drugs ■ Area threats ■ Human trafficking ■ Working with local law enforcement ■ Trade and travel o Professional Development Academy will also present to the HSAC EC later this year to introduce the new councilmembers to the program. o Meeting, 3/13/2023, with the Treasurer and Secretary to train and transfer roles and duties. 2. Treasury Update:Meeting, 3/13/2023, with the accountant and Treasurer to review and complete the Form 990 tax filing for 2022. o The draft budget for the next fiscal year needs to be completed before the end of March 2023. o Working on getting quotes from various accounting firms for an audit of the accounts. 3. Secretary Update: When the new Secretary comes on board we will need to review the bylaws and propose amendments. These include clarifying the travel reimbursement, reviewing the amount of the reimbursement, updating payment procedures, reviewing March 20, 2023, IISAC Meeting Agenda Page 19 -S<I.tEilSgO' $ ScAS ; eF communication processes to update to electronic communications, adding in e-communication, and other items. o Reminder that requests for agenda items must be communicated via memo to the President's office 10 working days prior to the HSAC EC meeting and copy the Executive Director. 4. Legislative Update:Jon Okudara and HSAC EC to attend meetings at the State Capitol on Monday, March 20, 2023. 5. NACo Update:Registration is open for the 2023 NACo Annual Conference in Travis County, Texas.July 21-24, 2023 6. The lawsuit that HSAC participated in by submitting an amicus brief the attorney is requesting a substitution, need to clarify if we can allow the attorney to withdraw. We can allow them to withdraw but does not impact our amicus brief. Or we can look at replacement counsel. Motion to receive the ED report. f. Legislative Update ED Nahelani Parsons: HB118 Hawaii State Association of Counties Package;Statewide Traffic Code; Ordinances; County Highways RELATING TO TRAFFIC FINES. Clarifies that each county may, by ordinance, designate certain sections of county highways as areas in which stopping, standing, or parking vehicles is prohibited or restricted. SB1447 SD1 Cigarettes, Tobacco Products, and Electronic Smokina Devices;Sale; Regulation; County Authority RELATING TO TOBACCO PRODUCTS.: Repeals existing law that provides that all local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted and that existing local laws and regulations conflicting with state law that governs smoking are null and void. Clarifies that counties retain the authority to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking March 20, 2023, HSAC Meeting Agenda Page 110 3y<►TE�syot. devices,'provided that the ordinances are more stringent than the provisions in state law that govern smoking. Effective 7/1/2050. (SD1) SCR3 Package;Hawaii State Association of Counties; Water Pollution; Department of Health;Pollutant Discharge;Permits REQUESTING THE DEPARTMENT.OF HEALTH TO ADOPT RULES FOR A PERMIT TO DISCHARGE POLLUTANTS THAT INCLUDE THE MAJOR FACTORS THAT ARE CONSIDERED IN IDENTIFYING THE FUNCTIONAL EQUIVALENT OF A DIRECT DISCHARGE FOR POINT SOURCES OR NONPOINT SOURCES. HB1326 HD 1Packaaina Waste Reduction and Reuse Plan and Program; Department of Health; Producer;Appropriation RELATING TO THE ENVIRONMENT Establishes the Hawaii zero waste initiative to, among other things, manage the State's transition to zero solid waste to the landfill and to incineration. Establishes the packaging waste advisory council. Requires the department of health to develop an assessment of statewide needs to determine the resources required to reduce packaging waste by seventy percent from the baseline amount. Establishes a packaging waste reduction and reuse program. Appropriates funds. Effective 6/30/3000. (HD1) CM Kimball: HB1363 asking HSAC to support another bill for the surcharge we have on the GET, and also HB920 (watch only)HB279&SB1091. CM Carvalho:Executive report received. V. NEW BUSINESS a. Communication (02/21/2023) from Jade K. Fountain-Tanigawa, County Clerk, County of Kaua`i, requesting $12,000 be transferred to the HSAC Conference Account, to be utilized as the initial deposit. CM Carvalho:Motion to approve. Approved. b. Communication (03/09/2023) from Jade K. Fountain-Tanigawa, County Clerk, County of Kaua`i, transmitting Resolution No. 2023-30, Resolution Approving the Hawai`i State Association of Counties Slate of Officers for Calendar Year 2023, which was adopted on March 8, 2023. :.......... .. March 20, 2023, HSAC Meeting Agenda Page 111 41 SA couefi..' CM Carvalho:Motion to approve. Approved. c. Communication (03/13/2023) from Council Chair Mel Rapozo, County of Kaua`i, request for agenda time to discuss HB 132, HD 1, Relating to Elections. CM Carvalho:Motion to receive. Received. VI. OLD BUSINESS VII. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting CM Carvalho:April 14, 2023. 9 am. Zoom meeting. VIII. ADJOURNMENT