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)
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HAWAII COUNTY COUNCIL
COUNTY OF HAWAII
25 Aupuni Street, Ste. 1402,Hilo, Hawai`i 96720
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DATE: July 24, 2023
TO: Members of the Hawaii County Council
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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
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Heather Kimball
Comm. N . 'ID
Ref.To:
Hawaii County is an Equal Opportunity Provider and Employer Ref:Date:.. UL °.2 5 2023
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Hawaii State Association of Counties (HSAC) 11 OV
Counties of Kaua`i, Maui, Hawai`i, and City & County of Honolulu
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Website: hawaiicounties.org;Email: hsacahawaiicounties.org
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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
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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 =
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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
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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
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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
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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%
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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"
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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
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Hawaii State Association of Counties (HSAC) ;11sA
Counties of Kauai, Maui, Hawai`i, and City &County of Honolulu
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Website:hawaiicounties.or9 i Email:hsacahawaiicounties.org
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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
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Coty}of,Hawai`i
25 Aupuni Street„S i e`2'409,Hilo,Hawaii 96720
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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
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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,,,
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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
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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.
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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
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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.•
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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
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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(��,
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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
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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.
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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.
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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
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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.
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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�'.,
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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.
..........
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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.
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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
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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.
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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
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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 •
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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
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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
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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'
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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
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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.
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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
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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
•
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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
•
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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•
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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
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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
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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
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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
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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 •
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■ 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'
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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.
:.......... ..
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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