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HomeMy WebLinkAboutCOM 0010.008 2022-2024 JMZY OF M • HEATHER L. KIMBALL Phone: (808)961-8828 " ,'I°ie; Fax: (808)961-8912 COUNCIL CHAIR ;+ ,1�� Email:heather.kimball(c�hawaiicounty. ov Council District 1 (North Hilo, _�__�: g Hamakua, and portion of Waimea) • -- e OFµr•P HAWAI`I COUNTY COUNCIL COUNTY OF HAWAI`I , 25 Aupuni Street, Ste. 1402, Hilo, Hawai`i 96720 ccp€-a ;f1 • 4U DATE: May 31, 2024 ev TO: Members of the Hawai'i County Council �. FR61V1:' r= Heather Kimball, Council Chair SUBJECT: Approved Minutes of the Hawai`i State Association of Counties Executive Committee Meeting held on April 5, 2024, and Officer's Reports Please find attached the approved minutes of the Hawai`i State Association of Counties Executive Committee Meeting April 5, 2024. Please also view the attached of the Hawai`i State Association of Counties Officer's reports. Please place these matters on the agenda for the next appropriate Committee. Mahalo Beverly Tese Comm. No. (O. 15 Ref. To: Otitti Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date �JU�N ® 6 2024 'ANTE Ass0 4.• Hawai`i State Association of Counties (HSAC) " sA Counties of Kauai, Maui, Hawaii, and City & County of Honolulu * Website:hawaiicounties.org; Email:hsac@hawaiicounties.ore r" • AGENDA HSAC EXECUTIVE COMMITTEE MEETING MONDAY,MAY 20 2024 1200 P.M., or soon thereafter Zoom link Meeting ID: 844 3685 8034 Passcode: 633713 City and County of Honolulu 530 South King Street, Room 202, Honolulu, Hawaii 96813 County of Hawaii 25 Aupuni Street, Suite 2409, Hilo, Hawai`i 96720 County of Kauai 4396 Rice Street, Suite 209, Lihu`e, Kauai, Hawaii 96766 County of Maui 200 S. High Street, Wailuku, Maui, Hawaii 96793 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. MINUTES a. April 5, 2024 Executive committee meeting. 4. REPORTS a. Treasurer's Report b. County Reports: i. County of Hawai`i ii. County of Kaua`i May 20, 2024, HSAC Meeting Agenda Page 12 3a�SPSE ASrpC'' SAr; s : �PcOUNS� iii. County of Maui iv. City and County of Honolulu c. NACo Report d. WIR Report e. Executive Director Report f. Legislative Report 5. UNFINISHED BUSINESS a. Discussion on updates to the HSAC ByLaws. 6. NEW BUSINESS a. Federal Funding Opportunities; Presentation from Andy Winer (Strategies 360) and Keith DeMello (Ulupono Initiative). b. Review and approval of the following documents from Carbonaro CPAs & Management Group: i. Conflict of interest policy. ii. Whistleblower policy. iii. Document retention and destruction policy. c. Discussion and approval to hire a facilitator to assist with an HSAC Strategic Planning meeting in June, 2024. d. Maui County Council Resolution No. 24-84, "APPROVING THE FISCAL YEAR 2025 OPERATING BUDGET FOR THE HAWAI`I STATE ASSOCIATION OF COUNTIES," approved by the Maui County Council on April 19, 2024. e. Communication (04/25/2024) from Jade K. Fountain-Tanigawa, County Clerk, County of Kauai, transmitting Resolution No. 2024-18, "RESOLUTION APPROVING THE PROPOSED FISCAL YEAR 2024-2025 OPERATING BUDGET FOR THE HAWAI`I STATE ASSOCIATION OF COUNTIES, which was approved by the Kaua`i County Council on April 24,2024. May 20, 2024, HSAC Meeting Agenda Page 13 �;stpASso * SAS: CR tS . CO M�. f. Communication (05/07/2024) from Judge Crabtree (ret.), Director of the Center for Alternative Dispute Resolution (CADR), requesting HSAC appointments to CADR Advisory Board. 7. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting. 8. ADJOURNMENT 9. EXECUTIVE SESSION .gyp?E ASSo Hawai`i State Association of Counties (HSAC) sA41, ,; Counties of Kauai, Maui, Hawaii, and City & County of Honolulu ' • * * Website:hawaiicounties.org ; Email: hsac@hawaiicounties.orQ MINUTES '" HSAC EXECUTIVE COMMITTEE MEETING FRIDAY,APRIL 5 2024 5:00 P.M.,or soon thereafter Zoom Iink Meeting ID: 864 7046 8906 Passcode: 100374 City and County of Honolulu 530 South King Street, Room 202, Honolulu, Hawaii 96813 County of Hawai`i 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, Hawaii 96793 Attendees: Tommy Waters, Heather Kimball, Tamara Paltin, Bernard Carvalho, Nahelani Parsons, Kyle Shiroma, Kamakana Watanbe, David Raatz, Richard Mitchell, Clarissa MacDonald, Jon Okudara, Kasie Apo Takayama, Sommerset Yamamoto, Jade Tanigawa, Shane Sinenci. I. CALL TO ORDER Called to order @ 5:04 p.m. II. APPROVAL OF AGENDA Agenda approved. III. MINUTES a. January 17, 2024 Executive committee meeting. April 5 2024, HSAC Meeting Minutes Page 12 e f011N b. February 29,2024 Executive committee meeting. Minutes approved. IV. REPORTS a. Treasurer's Report CM Waters:As of Feb 29,2024: Balance in the primary HSAC account: $223,368.91. The balance in the HSAC conference account: $5,002.41. Total deposit account balances: $228,371.32 Treasurer's report adopted. b. County Reports: i. County of Hawai`i CM Kimball - Hawaii County Council: briefly for Hawaii County. We just had a proposed charter amendment come through to extend our term length to 4 years, and allow us to do 3 consecutive terms. It did not pass. Recommend to propose those kinds of charter amendments from your charter commission. Working on short term rental bill. Also paired with our short term vacation rental is an update to our accessory dwelling unit code which makes them super easy to build, but prohibits them from being uses short term vacation rentals. looking at updates to our Api code. So we can promote beekeeping across the island. There was limited areas where they could do beekeeping. So we're expanding that. Also have other charter amendments to do with appointment of the Mayor's cabinet and how quickly that needs to happen, and ensuring that between each, even if a mayor is re elected, their Cabinet needs to be reapproved by the Council in that second term, which was not clear in our charter. And then our other charter amendment has to do with the composition of our planning commissions and ensuring that we have some expertise on those commissions. ii. County of Kaua`i CM Carvalho: started our budgetary process on March 28. Discussed Bill 2912, related to Cspace, and we talked about that from before with the States legislature. There's another bill to pay fees on the golf course which is moving forward. One bill, 2914, related to Government April 5, 2024, HSAC Meeting Minutes Page 13 1 5A(1 s °°couNt`e assistant workforce housing, the 2 bills for housing and one for housing, eligibility and selection. But both were deferred. So the first deferred to April seventeenth, which is the workforce housing, and then the second one relating to housing, eligibility, selection. iii. County of Maui CM Paltin: Also in the budget process now, Had council meeting with second and final reading for the eminent domain for landfill site as permanent disposition site. One affordable housing project moved forward out of committee today as well. One idea that has come up through our budget process is meeting with all the departments. We're just in the phase right now of asking questions, not making decisions. But you know, we have, like one fourth less of police. Looking at the incentives Honolulu has. Looking at the possibility of when somebody is able to retire, whether they're on the 25 Year Plan or the 30 Year Plan, they retire and start the very next day again, and not have to pay into their retirement. And then get to take home all that money. So it's kind of like a a little bit of a bonus cause you already earned your retirement. Maybe an idea for legislation next year. 3 or 4 new departments that are supposed to come online that are charter mandated. It's one is the bifurcation of housing and human concerns. They were together, and we're separating. There's also the Department Oiwi Resources, which is where the county archaeologists would be under. And then there's the east Maui Water Authority Board, which would be hiring an executive director. The House Finance Committee recently, like sometime last week, had a resolution about sleeping in cars, I think introduced by Darius Kila, and then they did a gut and replace on the resolution. Second pedestrian fatality or not pedestrian but second road fatality. This week the road was closed. One day was windy, the lines broke in the road, so it's kind of a treacherous drive every day to come into work. CM Kimball: Suggestion for conference topic to include safe streets/complete street conversation. iv. City and County of Honolulu CM Waters: In budget deliberations. looking at setting new rates for STVR use.At$9 per 1,000. Discussion on if it's less than a million dollars you pay a different rate. We do have about 3,000 April 5, 2024, HSAC Meeting Minutes Page I 4 3'ayTPTEAsyOc4 I vacancies countywide, looking if can raise salaries because there are some positions cannot fill. Also a large vacancy rate for police officers, looking at doing a signing bonus of$25,000. 427 vacancies for police. About 1700 uniform police officers working now but it should be over 2000. SB 3202 potential for further discussion. Current homeowners rate is $3.50 and B&B must be owner occupied. Sued by Short term rental alliance in federal court. Issue with 30 days or 90 days. CM Kimball: Looking at getting everyone registered because we currently have owner occupied and un-hoste STVR. They're all in the same tax class, and I want to parse them out and give owner occupied a little bit of a tax benefit, but we have too many people operating CM Kimball: Discussion on vacancies also being an issue, not competitive salaries when compared to other states. some of our key positions like our engineers or wastewater operators accountants. We can't find any accountants. CM Carvalho: All in same position on the vacancies, maybe can come up with a plan collectively. Further discussion on how the salary commissions operate on all counties. CM Kkmball:: I wanted to propose that we actually write a a brief report that you submit to me before the meeting of your counties reports, and the reason for that is often we're talking about bills that we have interest in between counties, and it would be great to have the links to those included in a in a write up that we can just share after the meeting. So for next meeting it, it doesn't have to be formally part of the minute minute, because the reports are already on there or the agenda. But if you could just the day of send me a brief email with your just a bullet pointed list. Obviously, if you want to talk about more than that, that's fine. c. NACo Report ED Parsons: Reminder to register for July Annual NACo conference. Kipukai was in the NACo magazine. April 5, 2024, HSAC Meeting Minutes Page 15 3� : 1 SM Opc. ' d. WIR Report CM Shane Sinenci: WIR conference coming up in Yosemite. Also discussion on hosting the WIR in 2026, not sure from legal counsel if can commit a future council to this. e. Executive Director Report Executive Director Report April 5, 2024 Last report was given on February 29, 2024. The_following is a summary of the work being conducted by the Executive Director. Highlights • Worked with the Treasurer's office on drafting the proposed draft budget and justifications. • Follow up on the W9s for the vendors from the HSAC annual conference. • Training for offices in transition of their roles. 1. Executive Committee Officers Support: President Support: o Drafted HSAC agenda with follow up to collect all relevant attachments. o Updated the DCCA business registration to reflect the new slate of officers. Secretary Support: o Meeting with the Secretary's team to review and plan updates to the website. o Sent out reminders about the next HSAC EC meeting. Treasurer Support: o Need to update signature cards for the conference and main account. o Following up with the accountant from Carbonara on the 2019 discrepancy, they requested bank statements from 2015-2019 in order to resolve a lump sum adjustment. o Audit-Brian Van Camp has been confirmed They will begin the audit once they receive the report from the Carbonara accountant. No agreement has been signed yet, as they will wait until we are ready to begin to send it over as a third of the payment for services will be due at that time. o Reviewed the Treasurer's report. o Maintenance of HSAC QuickBooks records. Completed reconciliation of last month's transactions in Quickbooks. April 5, 2024, HSAC Meeting Minutes Page 16 ,<""'".' A SA1* NCO 1. o Processed reimbursements and invoices and uploaded documentation to the HSAC google drive as well as sent out copies of the documentation to the HSAC President. o Following up with our accountant, Carbonara&Associates to provide support in resolving the 2019 Quickbooks reconciliations. 2. Fundraising Plan o Building out the website is the key initial step in developing a corporate partnership program. o Looking into the details around a corporate partnership outline. 3. Legislative Update: o Weekly HSAC legislative check in meetings and bill update reports. o Attending in person and on zoom on behalf of HSAC at the Capitol. 4. Conference Update: o Joined the conference planning conversations and shared past documents, and other additional resources available on the website. o Shared the conference guidebook containing a timeline of events and key elements that need to be planned out. f. Legislative Report Jon Okudara: Provided a legislative report on the bills. 2024 HSAC LEGISLATIVE PACKAGE as of 04/04/2024 HSAC 2024 BILLS HB1854 Relating to Tobacco Products. SB2224 Relating to Tobacco Products NEITHER OF THE HSAC BILLS WERE SCHEDULED FOR HEARING 2024 Tobacco Products bill: HB 1778, HD2 RELATING TO TOBACCO PRODUCTS. Was heard by HLT, reported out as HD1, and referred to JHA; reported out of JHA as HD2, which clarified that: • The States "preemptive power extends solely to the taxation of cigarettes, tobacco products, and electronic smoking devices; and April 5, 2024, HSAC Meeting Minutes Page I 7 :S.0,..rap 1p 9t 1SA'z .0,cous„pr' • The counties already have the authority to regulate smoking, the sale of tobacco products, and electronic smoking devices, "as long as the ordinance does not conflict with or is more stringent the state law " HB 1778 did not meet the Crossover deadline. The amendments in HB 1778 are not necessary: Article VIII, section 3, Hawaii Constitution The taxing power shall be reserved to the State, except so much thereof as may be delegated by the legislature to the political subdivisions... §328J-11.5 Statewide concern... (c) Nothing in this chapter shall be construed to limit a county's authority under section 328J-15. "§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: " HB1855 Relating to Family Leave. SB2225 Relating to Family Leave. Establishes a paid family leave program for state and county employees. NEITHER OF THE HSAC BILLS WERE SCHEDULED FOR HEARING 2024 Fami(v Leave bill: SB 2474, SD2 RELATING TO FAMILY LEAVE. • Mandates the Department of Labor and Industrial Relations to establish a family leave insurance program and to pay family leave insurance benefits to eligible employees; an eligible employee is: April 5, 2024, HSAC Meeting Minutes Page I 8 �`s<pTE ASSO� SA al 6 OR co !��• o An employee who has applied for family leave insurance benefits...; or o A public employee who complies with the minimum requirements established by DLIR...; Requires DLIR to notify the employer that an employs has filed a claim... • Establishes a family leave insurance fund as a trust fund to provide covered individuals, including self-employed individuals, up to 16 weeks of paid family leave; • The insurance fund is to be made up of employer and employee contributions, which the employer may deduct and withhold from each employee... SD2 adopts the recommendation of the Attorney General which proposes to correct ambiguities created in the measure including: • Whether employers may purchase a private insurance plan to provide paid family leave in lieu of paying into the family leave insurance trust fund administered by DLIR; Clarifying "covered individual... " • Clarifying how the funds collected for the fund are to be administered; Claming the rate of contribution to the fund; and • Various administrative amendments. HD1 replaced the contents of SB 2474 with the contents of HB 2757, HD1, which is similar to SB2474 and also: • Beginning 01/01/2027, requires DLIR to establish a Family and Medical Leave Program and begin collecting payroll contributions to finance the payment of benefits' April 5, 2024, HSAC Meeting Minutes Page 19 3�,StP�E S=O I sA• Beginning January 1, 2028, requires DLIR to start receiving claims and to pay benefits under the program... SB 2474 did not meet the Second Lateral deadline. 2024 Traffic Regulation bill HB1856,HD2 Relating to Traffic Regulation. Authorizes each county to adopt ordinances to regulate or restrict access, except pedestrian access, to certain streets, highways, thoroughfares, or roads that: • Are known to be hazardous or are hazardous under certain conditions; or • May have a negative impact on a sensitive area (critical habitat for threatened/endangered species or cultural or archaeological site...) HB 1856 did not meet the Second Lateral deadline. Amendment proposed to SB 3242. 2024 Mortgage Foreclosure Suspension bill SB2227, SDI Relating to Emergency Management. Authorizes the Governor to suspend the mortgage foreclosure provisions of chapter 667, HRS, for properties having substantial damage resulting from a Governor-declared state of emergency. SB 2227 wasn't scheduled because although the companion bill (HB1857) was reported from WAL, and it died in the House. The chair of WAL said that the Governor already has the authority to suspend any law that impedes or conflicts with emergency functions. 2024 Wastewater bill HB2743, HD2, SDI Relating to Wastewater.. Mandates the counties to: By June 30, 2027, develop and submit to the Department of Health, a wastewater management plan, to be updated every 5 years; that identifies priority areas for the expansion of existing and planned April 5, 2024, HSAC Meeting Minutes Page 110 `s<PTe�aya'. ‘ SAl)) a ' "�FfO XTE county wastewater treatment facilities and sewerage systems to reduce or eliminate cesspools... • Assess a cesspool pollution fee, develop a program to administer fees, and determine fee amounts, and use the fee revenue to eliminate, reduce, or mitigate the impacts of cesspools, including expanding county sewer systems and making grants and low-interest loans to property owners... • Establish, by ordinance, a cesspool closure and mitigation special fund into which the fees and revenues for the fund are deposited... Authorizes the counties to designate sewer improvement districts that contain properties with cesspools not connected to a county sewer system, and is identified as an area where the county sewer system or other centralized treatment system will be expanded or constructed to reduce or eliminate cesspools. HB 2743, HD1 was reported from WAM unamended. V. UNFINISHED BUSINESS VI. NEW BUSINESS 1. Discussion on updates to the HSAC ByLaws,request for items to be submitted to the President and Secretary when agenda items are due for the HSAC April meeting. 2. Communication (03/13/2024) from Jade K. Fountain-Tanigawa, County Clerk, County of Kauai, transmitting Resolution No. 2024-12, "RESOLUTION URGING THE 2024 HAWAI`I STATE LEGISLATURE TO OPPOSE SENATE April 5, 2024, HSAC Meeting Minutes Page I 11 `,SpTEAsso 9 SA 0- BILL 3335, SENATE DRAFT 1, RELATING TO CANNABIS," which was approved by the Kauai County Council on March 13, 2024. Received. 3. HSAC 2024 Proposed Budget submitted by Treasurer Tommy Waters, City and County of Honolulu,for discussion and approval. CM Tommy Waters: Review of the following justifications and discussion on reasons for the updates or changes made to the HSAC budget for the next fiscal year. HSAC Budget Justifications FY 2024-2025 1. Beginning Balance will be determined at the close of the Fiscal Year. As of March 8, the account balance was$223,368.91. 3. Membership Fees will remain the same. 4. NACO Dues will remain the same. 5. Event income (Annual conference): $100,000, divided by 4 = $25,000 from each county. • The title for this line item is amendment from "Conference income" to "Event income" allowing for HSAC to host other types of revenue generating events throughout the year. • The host county is primarily responsible for generating conference revenue. Other counties are encouraged to support via sponsorship, the golf tournament, registration or by hosting another fundraising event. 6. Interest Income remains$30. 8. NACo Prescription Drug Marketing Program: Increase due to a new contract that was signed in the last fiscal year which is now bringing in revenue to HSAC. 12. EC Travel is$21,800. April 5, 2024, HSAC Meeting Minutes Page 112 "SSO%A S Op N fOU1�� The number of in person meetings is amended from 4 to 2 per year. This could include 2 day trips at$300 each, or 1 overnight at$600. • Travel includes:Air, Ground, Lodging, Registration • One day travel = $300, which includes car rental($100) and round trip flight ($200). For two day travel, $600, which includes car rental ($200), hotel($200), and round trip flight($200). • 3 members will be traveling, as 1 member remains on island • Proposed budget includes 2 in person day trip meetings per year for HSAC EC. Total of 2 visits per year,for 3 members. • 6 x$300 = $1.800 • EC travel for all 4 members to mainland conferences remains the same at $20,000. • $2,500 per member according to what is defined as travel expenses in the bylaws. • 2 conferences annually on the mainland out of the 2 NACo and 1 WIR • 2 x$2,500 = $5,000 annual allowance per member • 4 members x$5,000 = $20.000 • Total for EC Travel = $20,000 + $1,800 = $21.800 13. EC Auditing/Professional Services is$20,000 which includes$15,000 for the cost of the audit and$5,000 for accounting fees including the annual tax filing. 14. EC Meeting Supplies increased to $700 from$200 to include the cost of lunch for the HSAC EC and supporting staff members when the HSAC EC meets in person. o $350 per meeting x 2 meetings per year in State =$700 15. EC Subscriptions & Software increased to $2,000 from $1,200 to account for the increased cost of Quickbooks and the online accounts. Includes but is not limited to squarespace website fee, domain purchase, zoom account, google drive storage, annual business filing, charitable organization filing fee. • Including the $900 annual fee for Quickbooks. 16. Special Committees - Travel & Miscellaneous (Line item 17& 18) Line 17 has decreased from $500 to $0 and Line 18 has decreased from $100 to$0. April 5, 2024, HSAC Meeting Minutes Page I 13 rSSpSEAss ' SA1; ofOU„� 20. NACo Travel remains the same at$30,000. • Travel includes:Air, Ground, Lodging, Registration • $2,500 for each of the 3 board members, 4 meetings per year. • 4($2,500 x 3) = $30,000 21. NACo Steering Committee Travel has decreased from $4,000 to $0 as this has not been used in recent years. 22. NACo Events and Outreach increased from $4000 to $10,000 for the HSAC events hosted at the NACo annual and legislative conference. These were previously included under the line item "HSAC promotions, events, and outreach"and was moved to this line item for clarity. 23. NACo dues included as revenue; each county to remit assessed amounts to HSAC for payment to NACo. NACo increased the fees for 2025 based on the 2020 census data. HSAC TOTAL COUNTY 2025 DUES DUES REQUEST FROM AMOUNT EACH COUNTY Hawai`i County $3,970 $15,000 $18,970 $35,330 City and County of $20,330 $15,000 Honolulu Kaua`i County $1,466 $15,000 $16,466 Maui County $2,893 $15,000 $17,893 TOTAL $28,659 $60,000 $88,659 April 5, 2024, HSAC Meeting Minutes Page 114 3 yt„TEASso�4. SA�a Cp tO NS�E 25. WIR Travel remains the same at$15,000. • Travel includes:Air, Ground, Lodging, Registration • Budget for$15,000 = ($2,500 x 2 Board members x 3 meetings). • The FY24 budget line for this was amended to be decreased to$12,500, as one WIR member chose not to travel to the WIR conference and the funds were reallocated elsewhere in the budget. 27. WIR Dues remain the same. 28. HSAC Promotion, Events, and Outreach decreased from$15,000 to $5,000. • 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. • The HSAC events at the NACo annual and legislative conference have been moved out of this budget line item and into "NACo events and outreach." • , The FY24 budget line item for this was amended as the funds were reallocated to be used elsewhere. 29. HSAC Consulting Fund remains the same at$25,000. 30. HSAC Administrative Services (ED) remains the same at$50,261.76. 31. HSAC Executive Director Travel increased to $11,000 from $7500. The per travel allotment of$2,500 has been increased to $3,000 per trip due to cost of travel to the mainland often exceeding $2,500 and the ED does not have access to other county travel funds to be reimbursed from. April 5, 2024, HSAC Meeting Minutes Page 115 ',tp.EASSo% :+ SAS: b °f cou�`e • Includes 3 trips at $3000, including NACO/WIR Conferences, and the National Council of County Association Executives (NCCAE) conference. • $2000 allocated for reimbursement of travel expenses to attend the HSAC annual conference. • Cost of the flight not to exceed the amount to travel from Honolulu to the conference venue. • (3 x$3,000) + $2,000 = $11,000. 32. National Council of County Association Executives Dues remains the same at $750. Budget approved and adopted. VII. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting. Monday, May 20, 2024, noon. VIII. ADJOURNMENT Nr CITY COUNCIL ,tj-'••' '. % CITY AND COUNTY OF HONOLULU f 5 3 0 SOUTH KING STREET ROOM 2 0 2 :' H O N O L U L U HAWAII 9 6 8 1 3 - 3 0 6 5 e 4 1; 1 vi:j ./ TELEPHONE: (808) 768 5010 • FAX (808) 768 5011 '' ': . lam•. TOMMY WATERS CHAIR AND PRESIDING OFFICER DISTRICT 4 TELEPHONE:(808)768-5004 FAX:(808)768-1220 EMAIL:tommy.waters@honolulu.gov May 10, 2024 TO: Heather Kimball, President FROM: Tommy Waters, Treasurer RE: March 2024 HSAC Treasurer's Report Aloha President Carvalho: Below is a written summary of the Treasurer's report for the May 20, 2024 meeting of the Executive Committee of the Hawai`i State Association of Counties (HSAC). As of March 31, 2024: • The balance in the primary HSAC account: $237,251.37. • The balance in the HSAC conference account: $445.47. • Total deposit account balances: $237,696.84. Enclosed you will also find an updated month-by-month tracking of income and expenses for the primary bank account. Should you have any questions, please feel free to contact my office at (808) 768-5081. Mahalo. 1 • puNTY CITY COUNCIL CITY AND COUNTY OF HONOLULU•��; 530 SOUTH KING STREET , ROOM 202 ; T_ H O N O L U L U H A W A I I 9 6 8 1 3 - 3 0 6 5 # . I *' TELEPHONE: (808) 768-5010 • FAX: (808) 768-5011 sr4 •O f•N PAP TOMMY WATERS CHAIR AND PRESIDING OFFICER DISTRICT 4 TELEPHONE:(808)768-5004 FAX:(808)768-1220 EMAIL:tommy.waters@honolulu.gov May 10, 2024 TO: Heather Kimball, President FROM: Tommy Waters, Treasurer RE: April 2024 HSAC Treasurer's Report Aloha President Carvalho: Below is a written summary of the Treasurer's report for the May 20, 2024 meeting of the Executive Committee of the Hawaii State Association of Counties (HSAC). As of April 30, 2024: • The balance in the primary HSAC account: $210,280.46. • The balance in the HSAC conference account: $5,637.50. • Total deposit account balances: $215,917.96. Enclosed you will also find an updated month-by-month tracking of income and expenses for the primary bank account. Should you have any questions, please feel free to contact my office at(808) 768-5081. Mahalo. 1 HAWAII STATE ASSOCIATION OF COUNTIES Treasurer's Report Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 FY24 YTD Amended FY24 Budget GENERAL REVENUES Membership Fees $ - $ - $ - $ - 5 - S - $ - $ - $ - $ - $ - 3 - $ - $ 60.000.00 Interest Income $ 221 $ 1.98 $ 1.75 $ 1.73 $ 2.28 $ 4.02 $ 3.82 $ 3.56 $ 3.65 $ 3.71 $ - $ - $ 28.71 $ 30.00 Miscellaneous S - $ - $ - $ - $ 145,973.59 5 0.12 $ - $ - $ - $ - $ - $ - $ 145,973.71 $ 60.001.00 NACo Dues $ - $ - $ - $ - $ - $ - 3 - $ - $ 34,794.00 $ - $ - $ - $ 34.794.00 $ 26.751.00 NACo Prescription Drug Marketing Fee $ - $ - $ - $ - $ 287.50 $ - $ - $ - $ 266.80 $ - $ - $ - $ 554.30 $ - NACo 3.1 $ 805.86 Total $ 2-21 $ 1.911 6 1.75 6 1.73 3 145,283.37 $ 4.14 $ 3.82 3 3.60 $ 36,070.31 S 8.71 S - $ • $ 181,360.72 $ 146,781.00 GENERAL EXPENSES EC Travel-Air.Ground,Lodging,Registration $ - $ 3,653.48 $ - $ 2,444.00 $ - $ - $ - $ - $ 4,789.28 $ 2,608.70 $ - $ - $ 13,495.46 $ 23,600.00 EC Auditing/Professional Services(Accountant) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 19,030.00 EC Meeting Supplies $ - $ - 5 - $ - $ - $ - $ - $ - $ - $ - $ - $ - 3 - $ 200.00 EC Subscriptions&Software $ - $ 1,022.65 $ 1.50 $ 5.00 $ 556.63 $ 0.12 $ - $ - $ 6.28 $ 7.85 $ - $ - $ 1.600.03 $ 1,400.00 Specal Commdtee Travel $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - S - S - $ 500.00 Special Committee Miscellaneous $ - $ - 3 - $ - $ - 3 - $ - $ - $ - $ - $ - $ - 3 - $ 100.00 NACo Board-Ar.Ground,Lodging,Registration $ - $ 5.000.00 $ - $ - $ - $ - $ - $ - $ 2,126.85 $ - $ - $ - $ 7,126.85 $ 30,000,00 NACo Steering Comm Travel-Air,Ground S - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - NACo Events&Outreach $ - $ - $ - $ - $ - $ - S - $ - $ - $ 3.496.35 $ - $ - $ 3.496.35 $ 4,000.00 NACo Dues 3 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 3 26.751.00 WIR Travel-Ax,Ground,Lodging,Registration $ - $ 2,454.56 $ - $ - $ - 3 - $ - $ - $ 2.500.00 $ - $ - $ - $ 4,954.56 3 12503.00 WIR Events 6 Outreach $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ WIR Dues $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,407.00 $ - $ - $ 8407.00 $ 3.604.00 HSAC Events and Outreach $ - $ 2.693.44 $ - $ - $ - $ - $ - $ 470.21 $ - $ 512.66 $ - $ - $ 3.676.31 $ 3.185.00 HSAC Consulting Fund/Lobbyist $ - $ - $ - $ 6,249.00 $ - $ - $ - $ - $ - $ 12498.00 $ - $ - $ 18,747.00 $ 25.000.00 HSAC Administrative Services(ED) $ 4,188.48 $ 4,188.48 $ - $ 4,188.48 $ - $ - 3 12.565.44 $ 12,565.44 $ - $ - $ 37.696.32 $ 50,261.76 HSAC Executive Director Travel S - $ 1,817.29 $ - $ - $ 1,652.52 $ - $ - $ - $ - $ 4,444.06 $ - $ - $ 7,913.87 $ 7,500.00 NCCAE Dues $ - $ 750.60 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 750.00 $ 750,00 D80 and General Liability Insurance $ - $ - $ - $ - $ 1,315.00 $ 1.315.00 $ 1.315130 Total 3 4,141A8 $ 21,679.90 $ 1.50 $ 12,88648 $ 3,524.15 $ 0.12 $ 12,565.44 $ 470.21 $ 21,987.85 $ 26,974.62 $ - $ - $ 102,683.75 $ 209,066.76 GENERAL RANK STATEMENTS Beginning Balance $ 132.30263 $ 128.116,36 $ 106,538,44 $ 106,538.69 $ 93,653.94 $ 236,393.16 $236,397.18 $223,835.56 $223,368.91 $237,251.37 $ - $ - Total Additions $ 221 $ 1.98 $ 1.75 S 1.73 S 146,263.37 1 4.14 $ 3.82 $ 3.56 $ 36,870.31 $ 3.71 $ - $ - Total Subtractions $ 4,188.48 $ 21,579.90 $ 1.50 $ 12,886.48 $ 3,524.15 $ 0.12 $ 12,565.44 $ 470.21 S 21,98735 $ 26.974.62 $ - $ - EaNktg Sa0LCe $ 128,115.3E $ 108,63144 $ 104,538.69 6 93,653.94 3 234,393.18 $ 230,3117.18 $233,131.5E $223,340.91 6 237,261.37 8 210,210A6 $ 6 - TOTALS Net Revenues(General) $ (4,186.27) $ (21,577.92) $ 0.25 $ (12,884.75) $ 142,739.22 $ 402 $(12.56162) S (466.65) S 13.682.46 $ (26.970.91) S - $ - 3 78.488.97 $ (63.0135.76) FY Carryover(General) $ 132.30263 $ 132,302.63 GRAND TOTAL $ 126,116.36 $ 104,53844 $ 104,538.89 $ 93,653.94 $ 236,393.16 $ 236,387.18 6 223135.56 $223,360.91 237 51.37 S 210 .A6 210' 46 210 'A6 $ 210,755.10 $ 65,216A7 Check S - 1 - 3 - 1 - $ - $ - S (0.00) $ - S (0.00) 6 (0.00) S(210,280.46) $ (210.280A6) 0 Executive Director Report May 20, 2024 Last report was given on April 5, 2024. The following is a summary of the work being conducted by the Executive Director. Highlights • 2022-2023 Form 990 Tax filing complete. • Pending W9s for the vendors from the HSAC annual conference. • DCCA updated officers and address change. • Conference preparation including developing sponsor packets to secure future contributions. • Update on increased income from NACo affiliated programs. • Follow up on REPI tours. 1. Executive Committee Officers Support: President Support: o Drafted HSAC agenda with follow up to collect all relevant attachments. o Updated the DCCA business registration to reflect the new slate of officers and Hawaii county as the address. Secretary Support: o Updates needed for the website: officers and addresses need to be updated and minutes posted online. o Sent out reminders about the next HSAC EC meeting. o Requested any revisions to the bylaws to be presented at the next HSAC EC meeting. Treasurer Support: o Updating the signature cards for the conference and main account. Sent signed minutes to BOH 5/14/2024, awaiting instructions on how to proceed. o Once ED has been added to the signature card,we can follow up on getting the missing bank statements from 2015-2019 to provide to the accountant from Carbonaro on the 2019 discrepancy to resolve the lump sum adjustment. o Audit-Brian Van Camp has been confirmed. They will begin the audit once they receive the report from the Carbonara accountant.No agreement has been signed yet, as they will wait until we are ready to begin to send it over as a third of the payment for services will be due at that time. o Reviewed the Treasurer's report. o Maintenance of HSAC QuickBooks records. Completed reconciliation of last month's transactions in Quickbooks. o Processed reimbursements and invoices and uploaded documentation to the HSAC google drive as well as sent out copies of the documentation to the HSAC President. Page 1 of 2 2. Fundraising Plan o Increasing awareness of the prescription drug program, 3+1, and NACo PDA programs. Working on including these in the upcoming conference and on the HSAC website. o Building out the website to have more content and information. This is a key initial step in developing a corporate partnership program. o Looking into the details around a corporate partnership outline. 3. Legislative Update: o Weekly HSAC legislative check in meetings and bill update reports. o Attending in person and on zoom on behalf of HSAC at the State Capitol. 4. Conference Update: o Joined the conference planning conversations and shared past documents, and other additional resources available on the website. o Shared the conference guidebook containing a timeline of events and key elements that need to be planned out. o Goal is to create consistent elements in the conference operations so that sponsors can know what to expect in advance and we can strengthen our relationships with them to include the sponsor request as an annual recurring event. Page 2 of 2 Appendix A: Sample Conflict of Interest Policy Note: Items marked Hospital insert— for hospitals that complete Schedule C are intended to be adopted by hospitals. Article I Purpose The purpose of the conflict of interest policy is to protect this tax-exempt organization's(Organization)interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction.This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations. Article II Definitions 1. Interested Person Any director,principal officer,or member of a committee with governing board delegated powers,who has a direct or indirect financial interest,as defined below,is an interested person. [Hospital Insert— for hospitals that complete Schedule C If a person is an interested person with respect to any entity in the health care system of which the organization is a part, he or she is an interested person with respect to all entities in the health care system.] 2. Financial Interest A person has a financial interest if the person has,directly or indirectly,through business,investment,or family: a.An ownership or investment interest in any entity with which the Organization has a transaction or arrangement, b.A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement,or c.A potential ownership or investment interest in,or compensation arrangement with,any entity or individual with which the Organization is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. A financial interest is not necessarily a conflict of interest. Under Article III,Section 2,a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists. Article III Procedures 1. Duty to Disclose In connection with any actual or possible conflict of interest,an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement. 2. Determining Whether a Conflict of Interest Exists After disclosure of the financial interest and all material facts,and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon.The remaining board or committee members shall decide if a conflict of interest exists. 3. Procedures for Addressing the Conflict of Interest a.An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of,and the vote on,the transaction or arrangement involving the possible conflict of interest. b.The chairperson of the governing board or committee shall, if appropriate,appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement. c.After exercising due diligence,the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest. d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest,the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization's best interest,for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement. Instructions for Form 1023 -25- 4.Violations of the Conflicts of Interest Policy a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose. b. If,after hearing the member's response and after making further investigation as warranted by the circumstances,the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action. Article IV Records of Proceedings The minutes of the governing board and all committees with board delegated powers shall contain: a.The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest,the nature of the financial interest,any action taken to determine whether a conflict of interest was present,and the governing board's or committee's decision as to whether a conflict of interest in fact existed. b.The names of the persons who were present for discussions and votes relating to the transaction or arrangement,the content of the discussion,including any alternatives to the proposed transaction or arrangement,and a record of any votes taken in connection with the proceedings. Article V Compensation a.A voting member of the governing board who receives compensation,directly or indirectly,from the Organization for services is precluded from voting on matters pertaining to that member's compensation. b.A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation,directly or indirectly,from the Organization for services is precluded from voting on matters pertaining to that member's compensation. c.No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation,directly or indirectly,from the Organization,either individually or collectively,is prohibited from providing information to any committee regarding compensation. [Hospital Insert— for hospitals that complete Schedule C d. Physicians who receive compensation from the Organization,whether directly or indirectly or as employees or independent contractors, are precluded from membership on any committee whose jurisdiction includes compensation matters.No physician, either individually or collectively, is prohibited from providing information to any committee regarding physician compensation.] Article VI Annual Statements Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person: a. Has received a copy of the conflicts of interest policy, b. Has read and understands the policy, c. Has agreed to comply with the policy, and d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes. Article VII Periodic Reviews To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status,periodic reviews shall be conducted.The periodic reviews shall, at a minimum,include the following subjects: a.Whether compensation arrangements and benefits are reasonable, based on competent survey information,and the result of arm's length bargaining. b.Whether partnerships,joint ventures,and arrangements with management organizations conform to the Organization's written policies,are properly recorded,reflect reasonable investment or payments for goods and services,further charitable purposes and do not result in inurement,impermissible private benefit or in an excess benefit transaction. Article VIII Use of Outside Experts When conducting the periodic reviews as provided for in Article VII,the Organization may, but need not,use outside advisors. If outside experts are used,their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted. -26- Instructions for Form 1023 I 1 SAMPLE WHISTLEBLOWER POLICY Provided by: Jeffrey S. Tenenbaum, Esq. Venable LLP Washington, D.C. 202/344-8138 Telephone jstenenbaum@venable.corn Email Purpose The ABC Association is committed to high standards of ethical, moral and legal business conduct. In line with this commitment, and ABC's commitment to open communication, this policy aims to provide an avenue for employees to raise concerns and reassurance that they will be protected from reprisals or victimization for whistleblowing. This whistleblowing policy is intended to cover protections for you if you raise concerns regarding ABC, such as concerns regarding: U incorrect financial reporting; U unlawful activity; U activities that are not in line with ABC policy, including the Code of Business Conduct; or U activities, which otherwise amount to serious improper conduct. Safeguards Harassment or Victimization - Harassment or victimization for reporting concerns under this policy will not be tolerated. Confidentiality - Every effort will be made to treat the complainant's identity with appropriate regard for confidentiality. Anonymous Allegations - This policy encourages employees to put their names to allegations because appropriate follow-up questions and investigation may not be possible unless the source of the information is identified. Concerns expressed anonymously will be explored appropriately, but consideration will be given to: U The seriousness of the issue raised; U The credibility of the concern; and U The likelihood of confirming the allegation from attributable sources. Bad Faith Allegations- Allegations in bad faith may result in disciplinary action. Procedure: 1.Process for Raising a Concerti Reporting- The whistleblowing procedure is intended to be used for serious and sensitive issues. Such concerns, including those relating to financial reporting, unethical or illegal conduct, may be reported directly to: [your general counsel's name,title,telephone number,address,email address] 1 SAMPLE WHISTLEBLOWER POLICY Employment-related concerns should continue to be reported through your normal channels such as [your supervisor,Director of Administration,] or to the President and CEO. SAMPLE WHISTLEBLOWER POLICY Timing-The earlier a concern is expressed, the easier it is to take action. Evidence - Although the employee is not expected to prove the truth of an allegation, the employee should be able to demonstrate to the person contacted that the report is being made in good faith. Procedure: 2. How the Report of Concern Will be Handled The action taken by ABC in response to a report of concern under this policy will depend on the nature of the concern. The Audit Committee of the ABC Board of Directors shall receive information on each report of concern and follow-up information on actions taken. Initial Inquiries - Initial inquiries will be made to determine whether an investigation is appropriate, and the form that it should take. Some concerns may be resolved without the need for investigation. Further Information -The amount of contact between the complainant and the person or persons investigating the concern will depend on the nature of the issue and the clarity of information provided. Further information may be sought from or provided to the person reporting the concern. Sample Document Retention and Destruction Policy PURPOSE OF THIS TOOL: Certain federal laws prohibit the destruction of certain documents. Not-for-profit organizations should have a written, mandatory document retention and periodic destruction policy. Policies such as this will eliminate accidental or innocent destruction. In addition, it is important for administrative personnel to know the length of time records should be retained to be in compliance. Document Destruction The Document Retention and Destruction Policy identifies the record retention responsibilities of staff, volunteers, members of the board of directors, and outsiders for maintaining and documenting the storage and destruction of the organization's documents and records. The organization's staff, volunteers, members of the board of directors, committee members and outsiders (independent contractors via agreements with them) are required to honor the following rules: a. Paper or electronic documents indicated under the terms for retention in the following section will be transferred and maintained by(fill in the blank based on the organization's practices); b. All other paper documents will be destroyed after three years; c. All other electronic documents will be deleted from all individual computers, data bases, networks, and back-up storage after one year; d. No paper or electronic documents will be destroyed or deleted if pertinent to any ongoing or anticipated government investigation or proceeding or private litigation (check with legal counsel or the human resources department for any current or foreseen litigation if employees have not been notified); and e. No paper or electronic documents will be destroyed or deleted as required to comply with government auditing standards (Single Audit Act). Record Retention The following table* indicates the minimum requirements and is provided as guidance to customize in determining your organization's document retention policy. Because statutes of limitations and state and government agency requirements vary from state to state, each organization should carefully consider its requirements and consult with legal counsel before adopting a Document Retention and Destruction Policy. In addition, federal awards and other 'Adapted from National Council of Nonprofits. Copyright MO.A1CPA Mc.All Rights Reserved. 6 5_:1111 Permission is granted to download the tools and tailor or customize for interval use. The AICPA Audit Committee Toolkit:Not-for-Profit Organizations government grants may provide for a longer period than is required by other statutory requirements. 66 Sample Document Retention and Destruction Policy Accounts payable ledgers and schedules 7 years Audit reports Permanently Bank reconciliations 2 years Bank statements 3 years Checks (for important payments and purchases) Permanently Contracts, mortgages, notes, and leases (expired) 7 years Contracts (still in effect) Contract period Correspondence (general) 2 years Correspondence(legal and important matters) Permanently Correspondence(with customers and vendors) 2 years Deeds, mortgages, and bills of sale Permanently Depreciation schedules Permanently Duplicate deposit slips 2 years Employment applications 3 years Expense analyses/expense distribution schedules 7 years Year-end financial statements Permanently Insurance records, current accident reports, claims, Permanently policies, and so on (active and expired) Internal audit reports 3 years Inventory records for products, materials, and 3 years supplies Invoices (to customers, from vendors) 7 years Minute books, bylaws, and charter Permanently Patents and related papers Permanently Payroll records and summaries 7 years Personnel files (terminated employees) 7 years Retirement and pension records Permanently Tax returns and worksheets Permanently Timesheets 7 years Trademark registrations and copyrights Permanently Copyright 02010.AICFA Inc All Rights Reserved 67_ Permission is granted to download the tools and tailor or customize for internal use. The AICPA Audit Committee Toolkit:Not-for-Profit Organizations Withholding tax statements 7 years Resources National Council of Nonprofits www.councilofnonprofits.org I rr BoardSource Record Retention and Document Destruction Policy—Download 4 Samples (E-Policy Sampler) www.boardsource.org/Bookstore.asp?Type=epolicy&Item=1071 E.. Independent Sector www.independentsector.org/issues/sarbanesoxley.html AICPA Management of an Accounting Handbook-2003 and IRS Appendix Document www.cpa2biz.com/AST/Main/CPA2BIZ_Primary/PracticeManagement/PracticeAdministr ation/PRDOVR.-PC-090407/PC-090407.jsp i Guide to Record Retention Requirements in the Code of Federal Regulations: Contact the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402-9325 or from CCH, Inc. at www.onlinestore.cch.com ■ 68 Copyright 0)20/a AtCPA Inc.All Rights Reserved. Permission is granted to download the toots and tailor or customize for internal use. Sample Document Retention and Destruction Policy Copyright 02010.AICPA lno,Ali Rights Reserved 69 V ■ Permission is granted to download the tools and tailor or customize for internal use. Resolution No. 24-84 APPROVING THE FISCAL YEAR 2025 OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES WHEREAS, the Hawaii State Association of Counties ("HSAC") is a nonprofit corporation composed of members of the four county councils of the State of Hawai`i; and WHEREAS, on April 5, 2024, the HSAC Executive Committee approved its fiscal year 2025 proposed operating budget, attached as Exhibit "A"; and WHEREAS, Section 18 of the HSAC Bylaws requires that each county council approve the HSAC operating budget for the upcoming fiscal year prior to the HSAC annual meeting; now, therefore, BE IT RESOLVED by the Council of the County of Maui: 1. That it approves the fiscal year 2025 HSAC operating budget, attached as Exhibit "A"; and 2. That a certified copy of this Resolution be transmitted to the President of the HSAC Executive Committee. • ocs:proj:hsac:fy2025:reso:budget Attachment INTRODUCED BY: Jø ,vOJo),,,falli.19dkAr TAMARA PALTIN ' E ASso ' Hawaii State Association of Counties (HSAC) ;`ate 90'; sA 1 = Z . Counties of Kaua`i, Maui, Hawaii, and City& County of Honolulu Website: hawaiicounties.org ; Email: hsac@hawaiicounties.org April 10, 2024 Aloha Chair, Attached for your consideration is the FY 2025 Revised Proposed HSAC Budget and Justifications, which was approved by the HSAC Executive Committee on April 5 2024. Please note pursuant to Section 18 of the HSAC bylaws, the HSAC Executive Committee shall prepare and submit to each council an operating budget. Each council shall pass a resolution or take the necessary action in accordance with their respective rules and procedures to approve the operating budget before the ensuing fiscal year begins, or as reasonably close thereto as possible. The budget shall present a complete financial plan for the current operations of the corporation in the ensuing fiscal year, showing all funds, reserves, and proposed expenditures which will be shared commonly and equally by all councils. Please send a copy of the approved resolution from your council to hsacPhawaiicounties.org by Friday May 31, 2024. Your attention to this matter is greatly appreciated. Please let us know if you have any questions. Mahalo, Heather Kimball, HSAC President Hawaii State Association of Counties EXHIBIT "A" Hawaii State Association of Counties Fiscal Year(FY)2025 Proposed Operating Budget FY 2024 FY 2024 Actual Approved YTD(July 2023 FY 2025 Proposed Budget -03/08/2024) Budget 1 BEGINNING BALANCE $132,302.63 $223,368.91 4 r y ..43 W1 2 REVENUES 3 Membership Fees $60,000.00 $60,000.00 4 NACo Dues 4a Hawai`i County $3,452.00 $3,970.00 4b City and County of Honolulu $19,064.00 $20,330.00 4c Kaua`iCounty $1,342.00 $1,466.00 4d Maui County $2,893.00 $2,893.00 5 Events Income $60,000.00 $145,973.71 $100,000.00 6 Interest Income $30.00 $21.35 $30.00 7 Miscellaneous $0.00 $0.00 $0.00 8 NACo Prescription Drug Marketing Fee $0.00 $287.50 $500.00 9 TOTAL REVENUE $146,781.00 $146,282.56 $189,189.00 10 EXPENSES 11 Executive Committee(EC) 12 EC Travel $23,600.00 $6,097.48 $21,800.00 13 EC Auditing/Professional Services $19,000.00 $20,000.00 14 EC Meeting Supplies $200.00 $700.00 15 EC Subscriptions&Software $1,400.00 $1,585.90 $2,000.00 16 Special Committees 17 Special Committee Travel $500.00 $0.00 $0.00 18 Special Committee Miscellaneous $100.00 $0.00 $0.00 19 NACo 20 NACo Board Travel $30,000.00 $5,000.00 $30,000.00 21 NACo Steering Committee Travel $0.00 $0.00 $0.00 22 NACo Events&Outreach $4,000.00 $0.00 $10,000.00 • 23 NACo Dues — $26,751.00 $0.00 $28,659.00 24 WIR 25 WIR Travel $12,500.00 $2,454.56 $15,000.00 26 WIR Dues $3,804.00 $0.00 $3,804.00 27 Other 28 HSAC Promotion,Events and Outreach $3,185.00 $3,163.65 $5,000.00 29 HSAC Consulting Fund(Lobbyist) $25,000.00 $6,249.00 $25,000.00 30 HSAC Administrative Services(ED) $50,261.76 $25,130.88 $50,261.76 31 HSAC Executive Director Travel $7,500.00 $3,469.81 $11,000.00 32 National Council of County Association Executives Dues $750.00 $750.00 S750.00 33 D&O and General Liability Insurance $1,315.00 $1,315.00 $1,315.00 34 TOTAL EXPENSES $209,866.76 $53,151,28 $225,289.76 35 36 Total Revenue $146,781.00 $146,282.56 $189,189.00 37 Total Expenses $209,866.76 $53,151.28 $225,289.76 38 Net ($63,085.76) $93,131.28 ($36.100.76) 38 Starting Reserve $132,302.63 $223,368.91 1 1P 39 Ending Reserve $69,216.87 $222,110.69 _" 1i alga HSAC Budget Justifications FY 2024-2025 1. Beginning Balance will be determined at the close of the Fiscal Year. As of March 8, the account balance was $223,368.91. 3. Membership Fees will remain the same. 4. NACO Dues will remain the same. 5. Event income(Annual conference): $100,000, divided by 4=$25,000 from each county. • The title for this line item is amendment from "Conference income"to "Event income" allowing for HSAC to host other types of revenue generating events throughout the year. • The host county is primarily responsible for generating conference revenue. Other counties are encouraged to support via sponsorship,the golf tournament, registration or _ by hosting another fundraising event. 6. Interest Income remains $30. 8. NACo Prescription Drug Marketing Program: Increase due to a new contract that was signed in the last fiscal year which is now bringing in revenue to HSAC. 12. EC Travel is $21,800. The number of in person meetings is amended from 4 to 2 per year. This could include 2 day trips at$300 each, or 1 overnight at$600. • Travel includes: Air, Ground, Lodging, Registration ■ One day travel = $300,which includes car rental ($100)and round trip flight($200). For two day travel, $600, which includes car rental ($200), hotel ($200),and round trip flight($200). • • 3 members will be traveling,as 1 member remains on island • Proposed budget includes 2 in person day trip meetings per year for HSAC EC. Total of 2 visits per year, for 3 members. • 6x$300= $1,800 • EC travel for all 4 members to mainland conferences remains the same at$20,000. • $2,500 per member according to what is defined as travel expenses in the bylaws. • 2 conferences annually on the mainland out of the 2 NACo and 1 WIR • 2 x$2,500 =$5,000 annual allowance per member • 4 members x$5,000=$20,000 • Total for EC Travel = $20,000+$1,800=$21.800 13. EC Auditing/Professional Services is $20,000 which includes $15,000 for the cost of the audit and $5,000 for accounting fees including the annual tax filing. 14. EC Meeting Supplies increased to $700 from $200 to include the cost of lunch for the HSAC EC and supporting staff members when the HSAC EC meets in person. o $350 per meeting x 2 meetings per year in State=$700 15. EC Subscriptions & Software increased to $2,000 from $1,200 to account for the increased cost of Quickbooks and the online accounts. Includes but is not limited to squarespace website fee, domain purchase,zoom account, google drive storage, annual business filing, charitable organization filing fee. • Including the $900 annual fee for Quickbooks. 16. Special Committees-Travel & Miscellaneous (Line item 17& 18) Line 17 has decreased from $500 to $0 and Line 18 has decreased from $100 to $0. 20. NACo Travel remains the same at$30,000. • Travel includes: Air, Ground, Lodging, Registration • $2,500 for each of the 3 board members, 4 meetings per year. • 4($2,500 x 3)= $30,000 21. NACo Steering Committee Travel has decreased from $4,000 to $0 as this has not been used in recent years. 22. NACo Events and Outreach increased from $4000 to $10,000 for the HSAC events hosted at the NACo annual and legislative conference. These were previously included under the line item "HSAC promotions, events,and outreach" and was moved to this line item for clarity. 23. NACo dues included as revenue; each county to remit assessed amounts to HSAC for payment to NACo. NACo increased the fees for 2025 based on the 2020 census data. COUNTY 2025 DUES HSAC TOTAL AMOUNT DUES REQUEST FROM EACH COUNTY Hawai`i County $3,970 $15,000 $18,970 City and County of $20,330 $15,000 $35,330 Honolulu Kaua`i County $1,466 $15,000 $16,466 Maui County $2,893 $15,000 $17,893 TOTAL $28,659 $60,000 $88,659 25. WIR Travel remains the same at$15,000. • Travel includes: Air, Ground, Lodging, Registration • Budget for$15,000=($2,500 x 2 Board members x 3 meetings). • The FY24 budget line for this was amended to be decreased to $12,500, as one WIR member chose not to travel to the WIR conference and the funds were reallocated elsewhere in the budget. 27. WIR Dues remain the same. 28. HSAC Promotion, Events,and Outreach decreased from $15,000 to $5,000. • 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. • The HSAC events at the NACo annual and legislative conference have been moved out of this budget line item and into "NACo events and outreach." • The FY24 budget line item for this was amended as the funds were reallocated to be used elsewhere. 29. HSAC Consulting Fund remains the same at$25,000. 30. HSAC Administrative Services (ED) remains the same at$50,261.76. 31. HSAC Executive Director Travel increased to $1 1,000 from $7500. The per travel allotment of$2,500 has been increased to $3,000 per trip due to cost of travel to the mainland often exceeding $2,500 and the ED does not have access to other county travel funds to be reimbursed from. • Includes 3 trips at$3000, including NACO/WIR Conferences, and the National Council of County Association Executives (NCCAE)conference. • $2000 allocated for reimbursement of travel expenses to attend the HSAC annual conference. • Cost of the flight not to exceed the amount to travel from Honolulu to the conference venue. • (3 x$3,000) +$2,000= $11,000. 32. National Council of County Association Executives Dues remains the same at$750. COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION f It is HEREBY CERTIFIED that RESOLUTION NO. 24-84 was adopted by the Council of the County of Maui, State of Hawaii, on the 19th day of April, 2024, by the following vote: Alice L. Yuki Lei K. Tom Gabriel Natalie A. Tamara A.M. Keani N.W. Shane M. Nohelani MEMBERS LEE , SUGIMURA COOK JOHNSON KAMA PALTIN RAWLINS- SINENCI U'U-HODGINS Chair Vice-Chair FERNANDEZ ROLL CALL Aye Aye Aye Aye Aye Aye Aye Aye Aye /14—? OU Y CLERK COUNTY COUNCIL OFFICE OF THE COUNTY CLERK Mel Rapozo,Chair Aso, ,of KipuKai Kuali`i,Vice Chair 4 Jade K.Fountain-Tanigawa,County Clerk Addison Bulosan v '" Lyndon M.Yoshioka,Deputy County Clerk Bernard P.Carvalho Jr. Felicia Cowden \tnR ,u: Telephone: (808)241-4188 Bill DeCosta '7a,+��. Facsimile: (808)241-6349 Ross Kagawa s4' o Email: cokcouncil@kauai.gov Council Services Division 4396 Rice Street,Suite 209 I.ihu`e,Kauai,Hawaii 96766 April 25, 2024 The Honorable Heather Kimball President, Hawai`i State Association of Counties Via Email Only: heather.kimball@hawaiicounty.gov Dear President Kimball: Enclosed for your information and files is a certified copy of Resolution No. 2024-18 — RESOLUTION APPROVING THE PROPOSED FISCAL YEAR 2024-2025 OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES, which was approved by the Kaua`i County Council on April 24, 2024. Should you have any questions, please feel free to contact me or Council Services Staff at (808) 241-4188. Sincerely, JADE K F . UNTAIN-TANIGAWA County erk, County of Kaua`i :dmc Enclosure cc: Nahelani Parsons, HSAC Executive Director (Via Email Only: hsachawaiicounties.org) AN EQUAL OPPORTUNITY EMPLOYER . COUNTY COUNCIL COUNTY OF KAUAI q` . r qlr t 1- J „� ,,, ,!�. ,!i. .. k No. 2024-18 RESOLUTION APPROVING THE PROPOSED FISCAL YEAR 2024-2025 OPERATING BUDGET FOR THE HAWAI`I STATE ASSOCIATION OF COUNTIES WHEREAS, the Hawai`i State Association of Counties (HSAC) is a nonprofit corporation comprised of members of the four county councils of the State of Hawai`i; and WHEREAS, at its meeting on April 5, 2024, the HSAC Executive Committee approved the proposed HSAC Fiscal Year 2024-2025 Operating Budget, which is attached hereto as Exhibit"A"; and WHEREAS, Section 21 of the HSAC Bylaws require that each council shall approve the HSAC Operating Budget for the upcoming fiscal year prior to the HSAC annual meeting; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII,that the proposed HSAC Operating Budget for Fiscal Year 2024-2025, as provided in Exhibit "A," is approved. BE IT FINALLY RESOLVED, that a certified copy of this Resolution shall be transmitted to the President of the HSAC Executive Committee. Introduced by: BERNARD P. CARVALHO, JR. (By Request) V:\RESOLUTIONS\2022-2024 TERM\2024-271 HSAC FY 2024-2025 Budget(BC)AAO_mn.docx Zve Bap extu%eb3aetugeb Certificate Of Ziboptiou Wutosan X 139e berebp tertifp tljat (Resolution jao. 2024-18 QCarballjo X bias abopteb bp tlje Council of tbe QCountp of Raua'i, Mate of QCobiben _ X 3babuai`i, Kibu`e, Rental, abaai`i, on April 24, 2024 McQCosta i X agatha . VALGUA--- Itualt`l X 3tappop I X j ountp Clerk t 1airman & Vresfbing Officer Total 6 0 1 0 fJ=ateb April 24, 2024 Exhibit "A" Hawai`i State Association of Counties Fiscal Year(FY)2025 Proposed Operating Budget FY 2024 FY 2024 Actual Approved YTD(July 2023 FY2025Proposed Budget -03/08/2024) Budget 1 BEGINNING BALANCE $132,302.63 $223,368.91 2 REVENUES 3 Membership Fees $60,000.00 $60,000.00 4 NACo Dues . 4a Hawai`i County $3,452.00 $3,970.00 4b City and County of Honolulu _ $19,064.00 $20,330.00 4c Kaua`i County $1,342.00 $1,466.00 4d Maui County $2,893.00 $2,893.00 5 Events Income $60,000.00 $145,973.71 $100,000.00 6 Interest Income $30.00 $21.35 $30.00 7 Miscellaneous _ $0.00 $0.00 $0.00 NACo Prescription Drug Marketing 8 Fee $0.00 $287.50 $500.00 9 TOTAL REVENUE $146,781.00 $146,282.56 $189,189.00 10 EXPENSES 11 Executive Committee(EC) 12 EC Travel $23,600.00 $6,097.48 $21,800.00 13 EC Auditing/Professional Services $19,000.00 $20,000.00 14 EC Meeting Supplies $200.00 $700.00 15 EC Subscriptions&Software $1,400.00 $1,585.90 $2,000.00 16 Special Committees 17 Special Committee Travel $500.00 $0.00 $0.00 18 Special Committee Miscellaneous $100.00 $0.00 $0.00 19 NACo 20 NACo Board Travel $30,000.00 $5,000.00 $30,000.00 21 NACo Steering Committee Travel $0.00 $0.00 $0.00 22 NACo Events&Outreach $4,000.00 $0.00 $10,000.00 23 NACo Dues $26,751.00 $0.00 $28,659.00. 24 WIR 25 WIR Travel $12,500.00 $2,454.56 $15,000.00 26 Witt Dues S3,804.00 $0.00 $3,804.00 27 Other . 28 HSAC Promotion,Events and Outreach $3,185.00 $3,163.65 $5,000.00 29 HSAC Consulting Fund(Lobbyist) $25,000.00 $6,249.00 $25,000.00 30 HSAC Administrative Services(ED) $50,261.76 $25,130.88 $50,261.76 31 HSAC Executive Director Travel $7,500.00 $3,469.81 $11,000.00_ 32 National Council of County Association Executives Dues $750.00 $750.00 - $750.00 33 D&O and General Liability Insurance $1,315.00 $1,315.00 $1,315.00 34 TOTAL EXPENSES $209,866.76 $53,151.28 $225,289.76 35 36 Total Revenue . $146,781.00 $146,282.56 $189,189.00 37 Total Expenses _ $209,866.76 $53,15128 $225,289.76 38 Net ($63,085.76) $93,131.28 ($36,100.76) 1 38 Starting Reserve $132,302.63 $223,368.91 _, 39 Ending Reserve - - $69,216.87 $222,110.69 ' HSAC Budget Justifications FY 2024-2025 Beginning Balance will be determined at the close of the Fiscal Year. As of March 8, the account balance was $223,368.91. 3. Membership Fees will remain the same. 4. NACO Dues will remain the same. 5. Event income(Annual conference): $100,000,divided by 4= $25,000 from each county. • The title for this line item is amendment from"Conference income"to"Event income" allowing for HSAC to host other types of revenue generating events throughout the year. • The host county is primarily responsible for generating conference revenue. Other counties are encouraged to support via sponsorship,the golf tournament,registration or by hosting another fundraising event. 6. Interest Income remains $30. 8. NACo Prescription Drug Marketing Program: Increase due to a new contract that was signed in the last fiscal year which is now bringing in revenue to HSAC. 12. EC Travel is$21,800. The number of in person meetings is amended from 4 to 2 per year. This could include 2 day trips at$300 each, or 1 overnight at$600. • Travel includes: Air,Ground, Lodging,Registration ai One day travel=$300,which includes car rental ($100)and round trip flight($200).For two day travel, $600,which includes car rental($200), hotel ($200), and round trip flight($200). 3 members will be traveling,as 1 member remains on island Proposed budget includes 2 in person day trip meetings per year for HSAC EC. Total of 2 visits per year, for 3 members. ea 6 x$300=$1,800 • EC travel for all 4 members to mainland conferences remains the same at$20,000. •, $2,500 per member according to what is defined as travel expenses in the bylaws. • 2 conferences annually on the mainland out of the 2 NACo and 1 WIR - 2 x$2,500= $5,000 annual allowance per member • 4-members x $5,000=$20.000 • Total for EC Travel=$20,000+$1,800=$21,800 13. EC Auditing/Professional Services is$20,000 which includes$15,000 for the cost of the audit and$5,000 for accounting fees including the annual tax filing. 14. EC Meeting Supplies increased to$700 from$200 to include the cost of lunch for the HSAC EC and supporting staff members when the HSAC EC meets in person. o $350 per meeting x 2 meetings per year in State= $700 15. EC Subscriptions & Software increased to $2,000 from$1,200 to account for the increased cost of Quickbooks and the online accounts. Includes but is not limited to squarespace website fee,domain purchase,zoom account,google drive storage,annual business filing, charitable organization filing fee. • Including the$900 annual fee for Quickbooks. 16. Special Committees-Travel&Miscellaneous(Line item 17& 18)Line 17 has decreased from$500 to $0 and Line 18 has decreased from$100 to $0. 20. NACo Travel remains the same at$30,000. • Travel includes:Air, Ground,Lodging,Registration • $2,500 for each of the 3 board members,4 meetings per year. • 4($2,500 x 3)=$30,000 21. NACo Steering Committee Travel has decreased from$4,000 to $0 as this has not been used in recent years. 22. NACo Events and Outreach increased from$4000 to $10,000 for the HSAC events hosted at the NACo annual and legislative conference.These were previously included under the line item "HSAC promotions,events,and outreach"and was moved to this line item for clarity. 23. NACo dues included as revenue; each county to remit assessed amounts to HSAC for payment to NACo.NACo increased the fees for 2025 based on the 2020 census data. COUNTY 2025 DUES HSAC TOTAL AMOUNT DUES REQUEST FROM EACH COUNTY Hawai`i County $3,970 $15,000 $18,970 City and County of $20,330 $15,000 $35,330 Honolulu Kauai County $1,466 $15,000 $16,466 Maui County $2,893 $15,000 $17,893 TOTAL $28,659 $60,000 $88,659 25. WIR Travel remains the same at$15,000. • Travel includes:Air,Ground,Lodging,Registration • Budget for$15,000=($2,500 x 2 Board members x 3 meetings). • The FY24 budget line for this was amended to be decreased to $12,500,as one WIR member chose not to travel to the WIR conference and the fundswere reallocated elsewhere in the budget. 27. WIR Dues remain the same. 28. HSAC Promotion, Events,and Outreach decreased from$15,000 to $5,000. • 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. • The HSAC events at the NACo annual and legislative conference have been moved out of this budget line item and into"NACo events and outreach." • The FY24 budget line item for this was amended as the funds were reallocated to be used elsewhere. 29. HSAC Consulting Fund remains the same at$25,000. 30. HSAC Administrative Services(ED)remains the same at$50,261.76. 31. HSAC Executive Director Travel increased to $11,000 from$7500. The per travel allotment of$2,500 has been increased to $3,000 per trip due to cost of travel to the mainland often exceeding$2,500 and the ED does not have access to other county travel funds to be reimbursed from. • Includes 3 trips at$3000,including NACO/WIR Conferences, and the National Council of County Association Executives (NCCAE) conference. • • $2000 allocated for reimbursement of travel expenses to attend the HSAC annual conference. • Cost of the flight not to exceed the amount to travel from Honolulu to the conference venue. • (3 x$3,000)+$2,000=$11,000. 32. National Council of County Association Executives Dues remains the same at $750. ®. ss =01 Office of the Administrative Director—Center for Alternative Dispute Resolution THE JUDICIARY• STATE OF HAWAI'I •ALI'IOLANI HALE•417 SOUTH KING STREET,ROOM 207 `I HONOLULU, HI 96813-2902•PHONE(808)539-4237•FAX(808)539-4416 •www.courts.state.hi.us/cadr Rodney A.Made Susan Pang.Cochros ADMINISTRATIVE DIRECTOR OF THE COURTS INTERGOVERNMENTAL AND COMMUNITY RELATIONS DIRECTOR Daylin—Rose H. Heather Judge Jeffrey P.Crabtree(ret.) DEPUTY ADMINISTRATIVE DIRECTOR CENTER FOR ALTERNATIVE DISPUTE RESOLUTION DIRECTOR May 7,2024 [XX]Via e-mail to Heather.Kimball@hawaiicountv.gov Council Member Heather Kimball(Hawai`i County,District 1) President, Executive Committee,Hawai`i State Association of Counties c/o Hawai`i County Council 25 Aupuni Street Hilo,Hawaii 96720 RE: HSAC Appointments to CADR Advisory Board Aloha Council Member Kimball, I understand from the HSAC website that you are the current President of the HSAC Executive Committee. I respectfully request that HSAC nominate two persons to serve as HSAC's representatives on the Advisory Board of the Center for Alternative Dispute Resolution("CADR"). CADR was established in 1989 by HRS Section 613-2,to help facilitate the voluntary resolution of disputes, especially cases that affect the public interest or the work of state and county agencies.To that end,in HRS Section 613-3 the Legislature set up a Board of Advisors to include 9 members.The Advisory Board is to include two representatives from the Executive Branch,two from the legal community,two from the Hawaii State Association of Counties,and three from the public at large. The Advisory Board has been dormant for some time.As the new Director of CADR, I aim for the Advisory Board to be active again.We currently expect to have the following as incoming Advisory Board members: i. Peter Adler(former Director,CADR) ii. Judge Riki Mae Amano(ret.)(and current mediator for CADR) iii. Judge Michael Broderick(ret)(former Director,CADR) iv. Margery S.Bronster(former Attorney General) v. Elizabeth Kent(former Director,CADR) While it will be up to the Board,I currently estimate no more than one meeting a quarter,hopefully limited to an hour.There will be materials to review between meetings. I promise to be efficient with any time generously volunteered by HSAC's two representatives. We look forward to hearing from you.Please feel free to call or e-mail if you have any questions at all. Sincerely, jAk Judg1 ' a•tree(ret.),Director cc: Beverly Tese-Council Aide(e-mail:Beverly.Yates-Tese@hawaiicounty.gov) ;Ntv,o•p 7 Phone: (808)961-8828 • HEATHER L. KIMBALL •�� COUNCIL CHAIR "`\��'-'ql ', Fax: (808)961-8912 Email:Heather.Kimball@hcrwaiicountv.gov Council District 1 (North Hilo, ' _ ys Hamakua, and portion of Waimea) • TE 0;'N►''� HAWAI`I COUNTY COUNCIL 25 Aupuni Street, Ste. 1402. Hilo, Hawai'i 96720 May 20, 2024 HSAC Executive Committee Members via email transmission only to: hsac@hawaiicounties.org;tamara.paltin@mauicounty.us; bernard.carvalho@kauai.gov; and tommy.waters@,honolulu.gov RE: Hawai`i County Report for May 20, 2024 HSAC Executive Committee Meeting The Hawaii County Council met a few times since our last Executive Committee meeting, as well as introduced various measures that may be of interest of this body: • BILL 121 RELATING TO TRANSIENT ACCOMMODATION RENTALS AND HOSTING PLATFORMS. Repeals Section 25-4-16 through Section 25-4-16.3 relating to Short-term Vacation Rentals and establishes new provisions for Transient Accommodation Rentals and Hosting Platforms for Transient Accommodation Rentals. Received unfavorable recommendation from Windward Planning Commission (1-3 vote). The vote was before passage of SB2919.Hearing in Leeward Planning Commission on Wednesday. • BILL 122 RELATING TO THE REPEAL OF BED AND BREAKFAST AS A PERMITTED USE. Repeals all provisions that allow for Bed and Breakfast establishments since this will be covered in Bill 121. This received a favorable recommendation from Windward Planning Commission. • BILL 123 RELATING TO OHANA DWELLING UNITS. Removes each instance of the term"ohana dwelling"from the County Code and inserts the term of"accessory dwelling unit" and simplifies the provisions for the establishment of an accessory dwelling unit. Essentially creates a the by-right outcome of SB3202. Expect limitations to be added in committee. Hawai`i County is an Equal Opportunity Provider and Employer. HSAC Executive Committee Members May 20,2024 Hawai`i County Report Page 2 • RES NO. 499-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF DEFENSE HAWAII EMERGENCY MANAGEMENT AGENCY. Seeks to support and facilitate the installation of maintenance of a warning siren in the Kamakoa Nui Park to serve the Kamakoa Phase I-A Subdivision in Waikoloa. This took years to complete. As HSAC we need to push for more responsiveness from HIEMA on preventative actions. • BILL 125 (Draft 3) RELATING TO COMMERCIAL BICYCLE TOURS: Establishes annual registration requirements for any person or business operating a commercial bicycle tour and that the Council may prohibit such operation on designated portions of public highways if determined as a threat to public safety. • BILL 152 RELATING TO PRE-APPROVED PLANS FOR RESIDENTIAL DWELLINGS: Adds definition for"multi-family dwelling" and amends the plan review schedule specific to pre-approved model plans for residential dwellings. • BILL 145 AMENDMENT TO CODE RELATING TO PLANNING COMMISSIONS: Adds requirement that members of each commission have experience or expertise in certain areas including Native Hawaiian traditional and customary practices,traditional Hawaiian land usage, environmental or natural resources management and regenerative agriculture. • HAZARD PAY GRIEVANCES: We are still waiting for the settlement agreements with the labor unions on hazard pay. Based on the Maui and state settlements our finance department is projecting a$60 million payment. • MAYOR ROTH 2ND BUDGET MESSAGE: We received the mayor's second Budget on May 1St. The budget is roughly $920 million, a 10% increase from the previous year. Most of the increase came from higher valuations and an increase in grant funding. Spending priorities are cyber security,public safety, repair and maintenance, and debt service. Budget proposed a 20-cent property tax cut for homeowners and affordable rentals. • Youth Congress: The County held its inaugural Youth Congress as part of this year's Sustainability Summit. Eighty 8th grade students participated in a model united nations format proceeding to develop a policy resolution around the 2030 Aloha+challenge goals. The resolution will be sent to you formally through a council resolution but the preview is included with this report. • FEMA TEEX Training: The County held its training workshops on senior leadership during all hazard events, crisis decision making and whole community preparedness. Members of the council,the mayor and most of the directors and administrators participated.Activities included a simulation of a major hurricane and a evaluation of decision making during the Camp Fire in California. I highly recommend this training for all counties. HSAC Executive Committee Members May 20,2024 Hawai`i County Report Page 2 Copies of the measures shown above are not attached; however, if any Executive Committee Member is interested in receiving any,please advise and the same will be produced. We are also happy to share any of the information about the FEMA TEEX training. Mahalo and Aloha, , «.r HEATHER L.KIMBALL Council Chair, Council District 1 County of Hawai`i COUNTY COUNCIL ,:41 0� � OFFICE OF THE COUNTY CLERK Mel Rapozo,Chair %p:; . jt'.��, KipuKai Kuali`i,Vice Chair / Jade K.Fountain-Tanigawa,County Clerk Addison Bulosan Lyndon M.Yoshioka,Deputy County Clerk Bernard P.Carvalho,Jr. �a,� ,.. cL4' Felicia Cowden �:�9j , ., Telephone: (808)241-4188 Bill DeCosta of ___ ' Facsimile: (808)241-6349 Ross Kagawa Email: cokcouncil@kauai.gov Council Services Division 4396 Rice Street,Suite 209 Lihu`e,Kauai,Hawaii 96766 May 10, 2024 Heather Kimball, HSAC President and Members of the Executive Committee (Via Email Only: heather.kimball@hawaiicounty.gov, tommy.waters@honolulu.gov, and tamara.paltin@mauicounty.us) Dear President Kimball and Members of the Executive Committee: RE: KAUA`I COUNTY REPORT FOR THE MAY 20, 2024 HSAC EXECUTIVE COMMITTEE MEETING The Kaua`i County Council held various meetings after the last Hawai`i State Association of Counties Executive Committee Meeting. As a result of those meetings, the Kaua`i County Council: • Approved Bill No. 2913, Relating to Playing Fees at the Wailua Golf Course. o This Bill proposes to generally reduce the playing fees during Twilight hours at the Wailua Golf Course. o This Bill was adopted on second and final reading at the April 10, 2024 Council Meeting, was approved by the Mayor on April 10, 2024, and now has the effect of law as Ordinance No. 1156. • Discussed Bill No. 2914, Draft 1, Relating to Government Assistance for Workforce Housing. o This Bill proposes to implement a Residential Workforce Housing Credit System, which will provide a new non-governmental source of financing for affordable housing while simultaneously providing additional pathways to generate market rate housing quicker. o This Bill is scheduled for further discussion at the May 22, 2024 Housing & Intergovernmental Relations (HIR) Committee Meeting. • Discussed Bill No. 2915, Draft 1, Relating to Housing Eligibility and Selection. o This Bill proposes to add provisions authorizing the Housing Agency to approve the use of various preferences to prioritize amongst otherwise eligible Homebuyer list participants, including project employee, geographical, and essential worker. o This Bill is scheduled for further discussion at the May 22, 2024 Housing & Intergovernmental Relations (HIR) Committee Meeting. AN EQUAL OPPORTUNITY EMPLOYER Heather Kimball, HSAC President and Members of the Executive Committee RE: Kaua`i County Report for the May 20, 2024 HSAC Executive Committee Meeting May 10, 2024 Page 2 • Discussed Bill No. 2918, Relating to Real Property Tax o This Bill proposes to amend the definition of "Claim" currently located at Kauai County Code 1987, as amended, Section 5A-1.1, "Definitions," to: (1) prevent the potential reset of real property tax benefits as a result of a death when the surviving spouse or civil union partner was designated as the surviving trustee of the deceased spouse or civil union partner, and (2) expand eligibility to include properties receiving the Owner-Occupied Mixed-Use tax rate. This Bill also proposes to relocate the definition of "Claim" from Section 5A-1.1 to Section 5A-11.4. The Director of Finance remains empowered to compromise claims in accordance with Section 5A-1.2(k). Prior Ordinance No. 1044 (November 30, 2018) has fulfilled its purpose of providing appropriate tax relief continuity for surviving spouses who were not formally identified as recipients of the shared residence's Home Exemption. However, Ordinance No. 1044 does not authorize the Department of Finance to extend this protection to some surviving spouses whose ownership interest in the property was designed not to be triggered until the death of the spouse or civil union partner. o This Bill is scheduled for Second and Final Reading at the May 15, 2024 Council Meeting. • Discussed Bill No. 2920, Relating to Beautification Fees o This Bill proposes to offset the tourism-related impacts of rental or U-drive motor vehicles by standardizing the beautification fee assessed to all motor vehicles in the County at five dollars ($5) per certificate of registration. o This Bill is scheduled for Second and Final Reading at the May 15, 2024 Council Meeting. Please note that copies of the above-referenced bills are attached for your use and information. Should you have any questions, please feel free to contact me at the Office of the County Clerk, Council Services Division, at (808) 241-4188. Sincerely, BERNARD P. CARVALHO, JR. Councilmember, Kaua`i County Council AAO:slr Attachments cc: Nahelani Parsons, HSAC Executive Director (Via Email Only: hsac@hawaiicounties.org) Kaci Tsuneda, Council Aide to Council Chair (Via Email Only: Kaci.Tsuneda@hawaiicounty.gov) Beverly Yates-Tese, Council Aide, District 1 (Via Email Only: Beverly.Yates-Tese@hawaiicounty.gov) Dorthi "Dot" Botelho-Kaili, District 1 Office Staff (Via Email Only: Dorthi.Botelho-Kaili@hawaiicounty.gov) May 20, 2024 HSAC EC Agenda ORDINANCE NO_ 1156 BILL NO. 2913 A BILL FOR AN ORDINANCE AMENDING CHAPTER 19,ARTICLE 3, SECTION 19-3.2, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO PLAYING FEES AT THE WAILUA GOLF COURSE BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1. Findings and Purpose. The County of Kaua`i revised the resident and nonresident playing fees at the Wailua Golf Course effective January 1, 2024. Since this time, feedback from management at the Wailua Golf Course indicates further revision to the playing fees, particularly the fees for Twilight hours, is merited. Therefore, the purpose of this Ordinance is to generally reduce the playing fees during Twilight hours at the Wailua Golf Course. SECTION 2. Chapter 19, Article 3, Subsection 19-3.2(b), of the Kaua`i County Code 1987, as amended, is hereby amended as follows: "(b) Playing fees at the golf course are established as follows: PER DAY DAILY WEEKENDS/HOLIDAY MONTHLY Resident I $18.00 $23.00 $70.00 Senior Kauai $15.00 $18.00 $50.00 Resident Super Kauai Senior $12.00 $16.00 $35.00 (75 years and older) Junior Hawaii $1.00 $1.00 $9.00 Resident Non-Resident $80.00 $100.00 100%Disabled Veteran Exempt Exempt TWILIGHT TWILIGHT WEEKEND/HOLIDAY DAILY Resident [$10.00] [$13.00] $9.00 $12.00 Senior Kaua`i [$9.00] [$12.00] Resident 8.00 9.00 _ Super Kaua`i Senior [$8.00] [$10.00] (75 years and $6.00 $8.00 older) T. Junior Hawaii Resident $1.00 $1.00 Non-Resident [$45.00] $50.00 $40.00 100% Disabled. Veteran Exempt Exempt" 1 SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are severable. SECTION 4. Ordinance material to be repealed is bracketed. New Ordinance material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua`i County Code 1987, as amended, the brackets, bracketed material, and underscoring shall not be included. SECTION 5. This Ordinance shall take effect on July 1, 2024. Introduced by: ROSS KAGAWA DATE OF INTRODUCTION: February 28, 2024 Lihu`e, Kauai, Hawai`i V:\BILLS\2022-2024 TERM\2024-90 CM Kagawa - Draft Bill for Wailua Golf Course (Twilight Fees)RM_slr.doc 2 P CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No,2913,which was passed on first reading and ordered to print by the Council of the County of Kaua`i at its meeting held on February 28, 2024, by the following vote: FOR PASSAGE: Bulosan, Carvalho, Cowden, Kagawa Kuali`i, Rapozo TOTAL—6, AGAINST PASSAGE: None TOTAL—0, EXCUSED & NOT VOTING: DeCosta TOTAL— 1, RECUSED & NOT VOTING: None TOTAL—O. Lihu`e, Hawaii February 29, 2024 Jade , ountain-Tanigawa County Clerk, County of Kaua`i CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2913 which was adopted on second and final reading by the Council of the County of Kaua`i at its meeting held on April 10, 2024, by the following vote: FOR ADOPTION: Bulosan, Carvalho, Cowden, DeCosta, Kagawa, Kuali`i, Rapozo TOTAL— 7, AGAINST ADOPTION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—O. Lihu`e, Hawai`i April 10, 2024 Jad in-Tanigawa Coun y Clerk, County of Kaua`i ATTEST: j[AAJAAA4L___.—.„ Mel Rapozo Chairman & Presiding Officer DATE OF TRANSMITTAL TO MAYOR: April 10, 2024 Approved this t0411day of Qc rat , 2024. Derek S.K. Kawakami, Mayor County of Kauai ORDINANCE NO. BILL NO. 2914.Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 7A,ARTICLE 9, KAUA`I COUNTY CODE 1987,AS AMENDED, RELATING TO GOVERNMENT ASSISTANCE FOR WORKFORCE HOUSING BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1. Findings and Purpose. The purpose of this Ordinance is to provide a new non-governmental source of financing for affordable housing projects while simultaneously providing an additional pathway to generate market rate housing more quickly. SECTION 2. Chapter 7A, Article 9 (Government Assistance for Workforce Housing), Kaua`i County Code 1987, as amended, is hereby amended by adding a new Subsection 7A-9.4.1, as follows: "Sec. 7A-9.4.1 Residential Workforce Housing Credits. (a) The Housing Agency may issue credits, upon request by a developer, provided that: (1) Each workforce unit constructed in the subject development shall be encumbered by a recorded deed restriction that meets the requirements of this Chapter. (2) Each residential workforce unit shall be sold or rented to an income qualified individual. (3) Credits may only be issued for each residential workforce housing unit sold or rented to an income eligible individual in the appropriate income group. that is in excess of the residential workforce housing otherwise required in this Chapter. (4) For units sold or rented to income eligible individuals earning one hundred twenty percent (120%) or less of Kauai Median Area Income, only fifty percent (50%) of the excess workforce units sold or rented shall be eligible for credits. (5) For projects sold or rented to income eligible individuals earning eighty percent (80%) or less of Kauai Median Area Income, all of the excess workforce units sold or rented shall be eligible for credits. (b) A credit may satisfy the requirement for any type of unit constructed for any income group in accordance with the requirements of Article 2. (c) The number of credits issued shall be set forth in a workforce housing agreement. 1 } (d) Credits may be transferred to other developers to satisfy- up to fifty percent (50%) of the workforce housing requirements imposed on them, provided that the developer receiving the credits may onl r. utilize the credits subject to the geographic requirements set out in Section 7A-2.5. (e) The original recipient or holder of housing credits shall be required to report the transfer of credits to any other developer or project. (f) If the project applying for the excess credits was developed with a direct subsidy from the federal, state. or county governments, the Director shall either: (1) discount the excess credits earned by the value of the subsidy. or (2) require that the Agency or other public entity subsidizing the project share equitably in the proceeds from the transfer of the excess credits." SECTION 3. If any provision of this Ordinance or application thereof to any person, persons, or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 4. Ordinance material to be repealed is bracketed. New Ordinance material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kauai County Code 1987, as amended, the brackets, bracketed material, and underscoring shall not be included. SECTION 5. This Ordinance shall take effect upon its approval. Introduced by: /s/KIPUKAI KUALI`I (By Request) DATE OF INTRODUCTION: February 28, 2024 Lihu`e, Kauai, Hawaii V:\BILLS\2022-2024 TERM\2024-317 Bill No.2914 Draft 1 (Workforce Housing Credits)AAO_slr.doc 2 ORDINANCE NO. BILL NO. 2915, Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 7A,ARTICLE 5, KAUA`I COUNTY CODE 1987,AS AMENDED, RELATING TO HOUSING ELIGIBILITY AND SELECTION BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1. Chapter 7A, Section 7A-5.2 (For-Sale Housing), Kaua`i County Code 1987, as amended, is hereby amended, as follows: "(a) General Provisions. (1) Qualified Buyers. All County housing programs, including workforce housing developments required by this Chapter, which assist residents to become fee simple or leasehold homeowners, are restricted to qualified buyers, as defined herein, except where sales may become market sales pursuant to Section 7A-6.1(j). (2) Application. Each program or project shall establish interested households for that program or project by requiring the interested household to submit a written application provided or approved by the Housing Agency and any other documents required by the Housing Agency to establish eligibility. (3) Eligibility. The Housing Agency shall review all purchase applications to determine eligibility pursuant to the specific program or project eligibility criteria established for that program or project. . (A) Income qualification shall be determined on gross annual income and based on documentation provided by the housing applicant, including the three (3) most current pay stubs and the two (2) most currently filed Federal income tax returns from all employed adults in the applicant's household. (B) Kaua`i residency shall be determined on documentation provided by the applicant that indicates the applicant has a residence address on the Island of Kauai. (C) Not owning real estate suitable for residential purposes shall be determined primarily from documentation provided by the housing applicant and may be verified by the Housing Agency. 1 (4) Preferences. The Housing Agency may approve various preferences for up to fifty percent (50%) of the units for sale in a project to prioritize otherwise eligible applicants including: (A) Project Employee Preferences. Workforce housing units built by a developer for projects that generate workforce housing requirements may be sold with a preference to employees of the project. (B) Geographical Preferences. One (1) or more geographical preferences may be imposed giving preference to qualified residents that live in a specified geographical area surrounding or adjacent to the project or that are employed within a specific geographical area surrounding or adjacent to the project. A geographical preference may also be extended to qualified residents whose immediate family lives in a specified geographical area surrounding or adjacent to the project. (C) Essential Worker Preferences. Essential Worker providing critical community services such as health care, public safety. emergency first response. education. and the provision and maintenance of necessary community infrastructure. (b) Selection. The selection list or lists shall be utilized by the developer to determine the numerical order to offer to sell workforce housing units to qualified buyers. Selection lists shall be established as follows: (1) All applicable housing units shall first be offered to individuals on the mortgage-ready Kaua`i resident home-buyer list, in the order of their home-buyer number. subject to any preferences. and who otherwise qualify pursuant to any project-specific qualifying criteria, before any housing units are offered for sale to qualified buyers not on the mortgage-ready home-buyer list. (2) After all individuals on the mortgage-ready home-buyer list have had an opportunity to purchase, a public lottery shall be conducted to establish a selection list for any project that anticipates more applicants than the number of housing units available. If the number of housing units available is equal to or greater than the number of anticipated applicants, selection may be established by a first-come, first-served basis or by lottery. (A) The decision to utilize either the lottery or the first-come, first-served process shall be determined by the developer prior to the sales notice date. (B) A lottery that has multiple preferences shall include all applicants in a single lottery. The selection list will be produced by applying applicant preferences and lottery numbers to sort all applicants into a selection list that has: (i) The qualified buyer applicant with the lowest selection number (first) being a household that has the highest and the most preferences available and has the lowest lottery number, and 2 (ii) The qualified buyer applicant with the highest selection number (last) being a household that has no preferences and the highest lottery number. (C) In a project that utilizes the first-come, first-served method, the developer shall utilize sorting method as utilized with a lottery, but substitute the date and time of receipt of a completed application in place of a lottery number to establish the numerical order. (D) Projects that are developed in phases shall phase their respective restricted marketing periods and phase their respective application and selection processes. (c) Priorities and Preferences for Sales by Lottery.-After all applicable housing units in a project have been first offered for sale to all residents on the mortgage-ready home-buyer list, a development using a lottery to determine sales sequence for other buyers shall sort the lottery list by giving applicants priority as follows: (1) First Priority—Homeownership Education. The first opportunity to purchase a workforce for-sale housing unit after home-buyer list residents have had the opportunity to purchase shall be given to income qualified buyers that have completed a qualified homeownership education course, as determined by the Housing Agency, consisting of at least eight (8) hours of classroom education, plus credit and mortgage ready counseling. To receive the homeownership education priority, a qualified buyer shall register with the Housing Agency and provide the Housing Agency with a copy of their homeownership education class graduation certificate. The Housing Agency shall determine which providers of homeownership education have the curriculum that qualifies graduates for the homeownership priority. (2) Second Priority—Project Employee Preferences. Fifty percent (50%) of the total workforce housing units built by the developer for projects that generate workforce housing requirements of twenty (20)housing units or more shall be sold with a preference to employees of the developer and employees within the development area of the project as determined by the Housing Agency. (3) Third Priority—Geographical Preferences. One (1) or more geographical preferences may be imposed on the required workforce housing units giving preference to qualified residents that live in a specified geographical area surrounding or adjacent to the project or that are employed within a specific geographical area surrounding or adjacent to the project. A geographical preference may also be extended to Qualified residents whose immediate family lives in a specified geographical area surrounding or adjacent to the project. 3 (4) Fourth Priority—Essential Worker Preferences. Essential Worker providing critical community services such as health care. public safety. emergency first response. education, and the provision and maintenance of necessary community infrastructure. [(4)] A project that is assisted with government financing may disregard any priority or preference provided by this Chapter that violates Federal fair housing law." SECTION 2. Chapter 7A, Section 7A-5.3(b) (Rental Housing), Kaua`i County Code 1987, as amended, is hereby amended, as follows: "(b) Priorities and Preferences. (1) First Priority—Project Employee Preferences. Fifty percent of the total workforce housing units built by the developer for projects that generate.workforce housing requirements of 20 housing units or more shall be rented with a preference to employees of the developer and employees within the development area of the project as determined by the Housing Agency. (2) Second Priority—Geographical Preferences. At initial occupancy, one (1) or more geographical preferences may be imposed on the required workforce housing units giving preference to qualified residents that live in a specified geographical area surrounding or adjacent to the project or that are employed within a specific geographical area surrounding or adjacent to the project. A geographical preference may also be extended to qualified residents whose immediate family lives in a specified geographical area surrounding or adjacent to the project. [(3) A project that is assisted with government financing may disregard any priority or preference provided by this Chapter that violates Federal fair housing law.] (3) Third Priority—Essential Worker Preferences. Essential Worker providing critical community services such as health care. public safety, emergency first response, education, and the provision and maintenance of necessary community infrastructure. (4) A project that is assisted with government financing may disregard any priority or preference provided by this Chapter that violates Federal fair housing law." SECTION 3. If any provision of this Ordinance or application thereof to any person, persons, or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. 4 SECTION 4. Ordinance material to be repealed is bracketed. New Ordinance material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kauai County Code 1987, as amended, the brackets, bracketed material, and underscoring shall not be included. SECTION 5. This Ordinance shall take effect upon its approval. Introduced by: /s/KIPUKAI KUALI`I (By Request) DATE OF INTRODUCTION: February 28,2024 Lihu`e, Kauai, Hawaii V:\BILLS\2022-2024 TERM\2024-318 Bill No.2915 Draft 1(Housing Eligibility and Selection)AAO_slr.doc 5 ORDINANCE NO. BILL NO. 2918 A BILL FOR AN ORDINANCE AMENDING SECTIONS 5A-1.1 AND 5A-11.4, KAUA`I COUNTY CODE 1987,AS AMENDED, RELATING TO REAL PROPERTY TAX BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1. Findings and Purpose. The Council finds that Ordinance No. 1044 (November 30, 2018) has fulfilled its purpose of providing appropriate tax relief continuity for surviving spouses who'were not formally identified as recipients of the shared residence's Home Exemption. However, Ordinance No. 1044 does not authorize the Department of Finance to extend this protection to some surviving spouses whose ownership interest in the property was designed not to be triggered until the death of the spouse or civil union partner. The purpose of this Ordinance is to amend the definition of"Claim" currently located at Section 5A-1.1, "Definitions," to: (1) prevent the potential reset of real property tax benefits as a result of a death when the surviving spouse or civil union partner was designated as the surviving trustee of the deceased spouse or civil union partner, and (2) expand eligibility to include properties receiving the Owner-Occupied Mixed-Use tax rate. This Ordinance also relocates the definition of"Claim" from Section 5A-1.1 to Section 5A-11.4. The Director of Finance remains empowered to compromise claims in accordance with Section 5A-1.2(k). SECTION 2. Chapter 5A, Section 5A-1.1, Kauai County Code 1987, as amended, is hereby amended by deleting the definition of"Claim" as follows: "["Claim" under 5A-1.2(k) may include the retroactive approval and reinstatement of a home exemption, homestead tax rate, and assessment cap of an owner occupant that was benefiting from a home exemption, homestead tax rate, and assessment cap of a co-owner occupant that is now deceased, provided that the owner occupant would have independently qualified for the home exemption at the time of death. This approval and reinstatement shall only be applied retroactively.up to three years.]" SECTION 3. Chapter 5A, Section 5A-11.4, Kaua`i County Code 1987, as amended, is hereby amended by adding a definition of "Claim" at a new Subsection 5A-11.4(k) to be appropriately inserted and to read as follows: "(k) For the purposes of this Section 5A-11.4 and Section 5A-1.2. "claim"may include the retroactive approval and reinstatement of a home exemption, Owner-Occupied or Owner-Occupied Mixed-Use tax rate. and assessment cap of an owner-occupant that was benefiting from a home exemption, Owner-Occupied or Owner-Occupied Mixed-Use tax rate, and assessment call of a co-owner-occupant that is now deceased.provided that the owner-occupant would have independently qualified for the home exemption at the time of death. "Claim" may also include the retroactive approval and reinstatement of a home exemption, Owner-Occupied or Owner-Occupied Mixed-Use tax rate, and assessment cap of the spouse or civil union partner of an owner-occupant who is now deceased. provided that the spouse or civil union partner is a successor trustee or beneficiary of the owner-occupant and the spouse or civil union partner would have independently qualified for the home exemption at the time of death, and in such case. the surviving owner-occupant who is a successor trustee or beneficiary is not required to demonstrate that they were an owner of record prior to the death of their spouse or civil union partner. This approval and reinstatement shall only be applied retroactively up to three (3) years." SECTION 4. Ordinance material to be repealed is bracketed. New ordinance material is underscored. When revising, compiling, or printing this ordinance for inclusion in the Kaua`i County Code 1987, as amended, the brackets, bracketed material, and underscoring shall not be included. SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. SECTION 6. This Ordinance shall take effect upon its approval. Introduced by: ROSS KAGAWA DATE OF INTRODUCTION: March 27, 2024 Lihu`e, Kaua`i, Hawai`i V:\RESOLUTIONS\2022-2024 TERM\2024-144 Bill RPT Section 5A-1.1 and 11.4 Claim Definition Surviving Spouses (002) RK JA mn.docx • CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2918,which was passed on first reading and ordered to print by the Council of the County of Kaua`i at its meeting held on March 27, 2024,by the following vote: FOR PASSAGE: Bulosan, Carvalho, Cowden, DeCosta, Kagawa, Kuali`i, Rapozo TOTAL—7, AGAINST PASSAGE: None TOTAL—0, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—O. Lihu`e, Hawai`i March 27, 2024 Jade ountain-Tanigawa County Clerk, County of Kaua`i ORDINANCE NO. BILL NO. 2920 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5,ARTICLE 2, SECTION 5-2.6 KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BEAUTIFICATION FEES BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1. Findings and Purpose. The County of Kauai currently subjects rental or U-drive motor vehicles as defined by H.R.S. Section 286-2 to a beautification fee of one dollar ($1) per certificate of vehicle registration. In contrast, all other motor vehicles registered on Kaua`i are assessed a beautification fee of five dollars ($5). Rental or U-drive vehicles have a disproportionate impact on the County including but not limited to the increase in traffic congestion. The purpose of this Ordinance is to amend and update Section 5-2.6, Kauai County Code 1987, as amended, to offset the tourism-related impacts of rental or U-drive motor vehicles by standardizing the beautification fee assessed to all motor vehicles in the County at five dollars ($5) per certificate of registration. SECTION 2. Chapter 5, Section 5-2.6, Kaua`i County Code 1987, as amended, is hereby amended as follows: "(a) [Except for U-drive motor vehicles, all motor vehicles located in the County at the time of registration shall be subject to an annual beautification fee of $5 per certificate of registration. All U-drive motor vehicles located in the County at the time of registration shall be subject to an annual beautification fee of one dollar ($1.00) per certificate of registration. As used in this Subsection (a), "U-drive motor vehicle" shall have the meaning ascribed to it in H.R.S. Sec. 286-2.] All motor vehicles located in the County at the time of registration shall be subject to an annual beautification fee of five dollars ($5) per certificate of registration. (b) [Two dollars of the] All beautification [fee] fees collected shall be used for purposes of beautification and other related, activities of highways under the ownership, control, and jurisdiction of the [County.] County: [All amounts received from any fee increase over $2 shall be expended only for purposes of] defraying additional costs involved in the disposition and other related activities of abandoned or derelict vehicles under H.R.S. Chapter [290.] 290: or mitigating and addressing the impacts of tourism-related traffic congestion. (c) [The monies collected shall be placed and accounted for in the Highway Beautification and Disposal of Abandoned or Derelict Vehicles Revolving Fund.] The moneys collected shall be placed and accounted for in a revolving fund as required under H.R.S. Section 286-51." • 1 SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are severable. SECTION 4. Ordinance material to be repealed is bracketed. New Ordinance material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua`i County Code 1987, as amended, the brackets, bracketed material, and underscoring shall not be included. SECTION 5. This Ordinance shall take effect on July 1, 2024. Introduced by: MEL RAPOZO BILL DECOSTA DATE OF INTRODUCTION: March 27, 2024 Lihu`e, Kaua`i, Hawaii V:\BILLS\2022-2024 TERM\2024-165.1 motor vehicle beautification fees Bill v6 MR BD RM mn.doc • CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2920,which was passed on first reading and ordered to print by the Council of the County of Kauai at its meeting held on March 27, 2024, by the following vote: FOR PASSAGE: Bulosan, Carvalho, Cowden, DeCosta, Kagawa, Kuali`i, Rapozo TOTAL—7, AGAINST PASSAGE: None TOTAL—0, EXCUSED & NOT VOTING: None .TOTAL—0, RECUSED & NOT VOTING: None TOTAL-0. Lihu`e, Hawaii March 27, 2024 Jad . Fountain-Tanigawa County Clerk, County of Kauai HSAC May 20, 2024 Report from CM Paltin: • Presentation from the Planning Department on May 13, to learn about a Wetlands Overlay Map and as required by MCC, with updates every 5 years; • On May 8, Mayor Bissen issued an RFP for an After-Action report of MEMA's coordination of Aug. 8 wildfire o Mayor noted that a comprehensive evaluation of MEMA's performance during the incident would be helpful in preparing for future responses, due to the magnitude and complexity of the Maui Wildfires of August 2023 • Update provided at Weekly Disaster Recovery Meeting on May 8: o 963 properties cleared o 379 complete o 20 commercial lots cleared • First report on Olowalu Temporary Debris Storage (TDS) site shows findings from sampling and monitoring are in compliance with county, state, and federal environmental regulations o Report highlights include: • Over 600 residential and commercial properties have been cleared of over 100,000 tons of ash and debris in Lahaina. • Over 7,000 truckloads of ash and debris have been taken from Lahaina to the TDS site in Olowalu. • There have been no exceedances of health-based Action Levels in air quality monitoring. • There have been no events of any leachate leaving the lined basin, thus no suspected or potential impacts to groundwater or nearby waterways. • All stormwater run-off/run-on Best Management Practices (BMPs) are functioning and inspected regularly. Page 1 of 3 HSAC May 20, 2024 • Hawai'i Department of Health has reviewed coastal water quality data and confirms that the data show that there are no ash or fire-related chemicals present at levels of human health concern. • DOH coastal water quality monitoring will begin this month and include about eight locations from Olowalu to Ka'anapali. • The U.S. Army Corps of Engineers (USACE) will install groundwater monitoring wells around the TDS site this month. • Eminent Domain of parcel in Central Maui for Permanent Disposal Site (PDS) initiated • Maui Homeowner Assistance Fund (MHAF) Program o Launched on May 6 for Maui County eligible homeowners affected negatively by the impacts of the COVID-19 pandemic. • Income at or below 150 percent of the area median income • Must have experienced a COVID-19 related financial hardship after January 21, 2020 • Either a 10% reduction in household income or 10% increase in household expenses related only to the COVID-19 pandemic. • Other eligibility requirements apply. o Program funded by the U.S. Department of The Treasury • Intended to assist eligible homeowners with mortgage and/or other qualified housing expense assistance to help avoid foreclosure. o Initial financial assistance funding for the program is $7 million • Initial round of funding is expected to assist between 117 and 280 homeowners. Page 2 of 3 HSAC May 20, 2024 Eligible homeowners may receive up to $60,000 in financial assistance, which is primarily for mortgage loans but can be provided for other qualified housing expenses. o Homeowners displaced by the Maui Wildfires also may be eligible for assistance. • Following passage of SB2919 on May 1, Mayor Bissen announced Bill to repeal decades-old TVR rule to expand long-term housing inventory in Apartment District, by phasing out units in West Maui by July 1, 2025 and all other units countywide by Jan 1, 2026. • Page 3 of 3