HomeMy WebLinkAboutCOM 0010.009 2022-2024 JMZVfoFh�,,
HEATHER L. KIMBALL Phone: (808)961-8828
COUNCIL CHAIR " :' �,�`�''.�'? ' Fax: (808)961-8912
+
Council District 1 (North Hilo, • • Email:heather.kimball@hawaiicountv.gov
•
Hamakua, and portion of Waimea) • _-°
HAWAI`I COUNTY COUNCIL
COUNTY OF HAWAI`I c ',
25 Aupuni Street, Ste. 1402, Hilo, Hawai`i 96720
67)-<
DATE: August 7, 2024
TO: Members of the Hawai'i County Council
FROMP'r: Heather Kimball, Council Chair
SUBJECT: Approved Minutes of the Hawaii State Association of Counties Executive
Committee Meetings held on May 20, 2024, June 13, 2024, and Officer's Reports
Please find'attached the approved minutes of the Hawai`i State Association of Counties
Executive Committee Meetings on May 20, 2024, and June 13, 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
HK:bt
Comm. No. •
Ref. To:
Hawaii County is an Equal Opportunity Provider and Employer Ref. Dote AUG — 7 2024
61ss0
Ito
Hawaii State Association of Counties (HSAC) I .
Counties of Kauai, Maui, Hawaii, and City & County of Honolulu r
Website: hawaiicounties.org; Email: hsac@hawaiicounties.org
MINUTES
I�SAC EXECUTIVE CO` 'MITTEE `';FETING
1 OND Y,MAY 20 2024
1200 PM or soon thereafter
doom l nk
Meeting ID: 844 3685 8034
Passcode: 633713
City and County of Honolulu
530 South Kiang Street,Roo onolulu,Hawaii 96813
®Ilea ty of 5'awai'i
25 Aupuni Street, Suite 2409, ;alo,Hawaii- 96720
ant ( P+1
Co!3 Bitty of Kaua a ;
4396 I': ce Street,Suite 209,L.ahu`e,Kan.'.,IIa ai`i 96766
County of \.ani.
200 S. High Street,W.,:iluku,Maui, e iawai'i 96793
TM<
1. CAL.L.TO 1 I'3iaER
f`
Meeting called to order @ 12:24 p.m.
Attendees: Dawn Lono, Kaci Tsuneda, Kamakana Watanabe, Dot, Lisa Watanabe, Sue
Lee Loy, Richard Mitchell, Mel Rapozo, Kyle Shiroma, Murray Clay, Keithe DeMello,
Shane Sinenci, Jon Okudara, Tommy Waters, Heather Kimball,Nahelani Parsons
2. APPROVAL. IF AGEN IaA
No amendments
3. \!INUTES
a. April 5, 2024 Executive committee meeting.
No amendments
May 20, 2024. HSAC MeetingMinutes I a e 2 `ySPTEASsokis
� 9a
•
COUN147
Presentation from Keith DeMello and Murray Clay, Ulupono Initiative on Federal funding
opportunities.
4. REPORTS
a. Treasurer's Report
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.
As ofApril 30, 2024
The balance in the primary HSAC account: $210,280.46.
• The balance in the HSAC conference account: $5,637.50.
e Total deposit account balances: $215,917.96.
Motion to accept report for audit. Approved.
b. County Reports:
i. County of Hawai`i
CM Kimball: Budget discussions, received 2nd budget from Mayor at beginning of the month.
Anticipating $60M for hazard pay settlement, still in negotiations. Call attention to the youth
conference, 80 8th grade students participated to draft a reso. The rest is reflected in the written
report.
ii. County of Kaua`i
CM Rapozo: Written report was submitted. Housing credits, trying to provide credits for
developers, the housing authority wants to be able to take people out of order on the list if they
live closer to the development. Raising property taxes for hotels and resorts up 90 cents. $11.75,
Kauai is the same as Maui, Hawaii county is the lowest. All revenue generated in increase comes
May 20, 2024, HSAC Meeting Minutes Puge 13 „,,,Assoc,
gRCDUNt`t?'
out to $8M goes to fund for the purpose of purchasing land that Kauai county can
dictate to the class of the homes they want to deliver, homes for middle class income.
iii. County of Maui
CM Sinenci: Written report submitted Wetlands overland map, Mayor Bissen issued RFP for
'1
after action report. May 6 Maui County launched a homeowner assistance fund program.
Received report on Olowalu temp debris storage site. May 1, in response and passage to SB2919
Mayor Bissen announced repeal to allow STVR, with a phase out date, July 2024, and
countywide 2026. Have over 7000 units that qualify, still researching how many are actively
filling out that designation. Will have to go to the Maui planning commission first.
iv. City and County of Honolulu
CM Waters: Always had a tax on b&b but also added when it is full home and not just part of the
home., Tier 1, $9, Tier 2 s $11.50, basic diff is$800,000 and below is Tier 1 and above is Tier 2.
Vacation rentals have been paying a residential rate for years, $4.50. Hazard pay for UPW and
HGEA, do not have funds for the hazard pay, SB3202 housing bill. Initially it would mandate
that the counties allow for subdivision and have legislation for 2 AD Us. All counties need to
come up with legislation to allow for 2 ADUs by the end of next year. Since 2012 HNL has had
legislation for ADUs allowing for 1 ADU. Now will mandate 2.
CM Kiaaina: No rush to enact, hope the law is repealed. Efforts to update the land use
ordinance, is whether to have 2 ADUS and/or an Ohana unit.
CM Rapozo: 1st tier will pay $11.30 up to $1M, $1M-$2.5M is Tier 2, then Tier 3 is the one
above.
Amortization bill is amortizing the grandfathered uses, so when they sell they can no longer sell
the TVR license.
CM Waters: Request Kauai keep HSAC updated on the process of that bill.
CM Kimball: Q on ohana v. ADU, is that specific to family or related individuals? Understand if
this is in the HRS.
CM Kiaaina: Staff helping on Bill 64, can get back to CM Kimball on this. Website on Bill 64.
May 20, 2024. HSAC Meeting Minutes Page 14 `STEASgOC.
,(
Motion to accept county reports. Approved
c. NACo Report
CM Waters: Annual conference is July 12-15, Hillsborough County Florida. President McGuire
appoint CM Sue Lee Loy to finish out Ashley's role as NACo board Do we want to ask President
Gore for NACo Board incoming seat. At WIR CMPaltin was a workshop presenter Kipukai was
asked to do the NACo board invocation. Motivational speaker came and talked, should think
about that at the HSAC conference.
d. WIR Report
CM Sinenci: Commissioner announced to begin discussions for WIR conference to be in Maui
county in 2026.
CM Sue Lee Loy, WIR NACo conference helping connect with Hawaiian/Alaska and Salesforce
to support as a sponsor.Also need to land on a date. Volunteer Nahe.
CM Kimball: Will agenda this for next meeting.
e. Executive Director Report
Executive Director Report
May 20, 2024
Nahelani Parsons: 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.
f. Legislative Report
May 20, 2024; HSAC Meeting Minutes Page 15 `SSPTEASgOC'
SA 07
•OACOUN%
Jon Okudara: Tobacco products bill. Nothing in this chapter
Family leave bill, on the books is law providing family leave for 100 or more employees, the
Chapter is not funded. Bill this year proposed to create a trust fund of employer or employee
contributions but never presented a mechanism for funding. In order to support this, we need to
create a funding mechanism.
Traffic regulation bill according to Sen Lee, getting the conf committee together was a challenge.
Under current law, Sec 265A-1 Councils for other governing bodies.
Motion to accept the reports. Approved.
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.
Approved. CM Kimball to submit a memo to Secretary Carvalhos office to draft and present at
the next meeting for adoption.
c. Discussion and approval to hire a facilitator to assist with an HSAC Strategic
Planning meeting in June, 2024.
CM Kimball: Asking all members to submit any proposed agenda items for the strategic
planning meeting to President Kimball by Friday.
d. Maui County Council Resolution No. 24-84, "APPROVING THE FISCAL
YEAR 2025 OPERATING BUDGET FOR THE HAWAI`I STATE
May 20, 2024I HSACMeeting_Minutes Page I f SIC.16"SO
y ,
ORCOUNt�-
ASSOCIATION OF COUNTIES," approved by the Maui County
Council on April 19,2024.
Approved.
e. Communication (04/25/2024) from Jade K. Fountain-Tanigawa, County Clerk,
County of Kaua`i, 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.
Approved.
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.
Meeting to be scheduled by the ED.
8. A114NU3' `,MENT
9. EXECUTIVE SESSI 1,N
1y,�pYEASSO''
Hawaii State Association of Counties (HSAC) f = a `
Counties of Kaua`i, Maui, Hawai`i, and City & County of Honolulu
Website: hawaiicounties.org; Email: hsac@hawaiicounties.org
COUNT •
MINUTES .
HSAC GENERAL MEMBERSHIP MEETING
THURSDAY,JUNE 13 2024
1200 P.M., or soon thereafter
Via Videoconference
ZaWallink
Meeting ID: 848 5580 2294
Passcode: 417839
Cityand County of Honolulu
530 South King Stt;eet,:RR®ot 202,Honolulu,Hawaii 96813
• County Of Hawaii
25 Aupuni Street,Suite 2409,Hilo,gIa va `i 96720
County of Kauai
4396 Rice Street,Suite 209,Lihu`e,Kauai,Hawai`i 96766
County of Maui <�
200 S.High Street,Wailuku,Maui,Hawaii 96793
1. CALL TO ORDER : _.
Meeting called to order Attendees: Treasurer Waters, President Kimball, VP Paltin, Secretary
Carvalho. Allison Okasaki, CM Bill DeCosta, KShiroma, Megan Moniz, Kamakana Watanabe,
Chair Alice Lee, Jon Okudara, Richelle Kawasaki, Chair Rapozo, David Raatz, Angela Lucero,
Kasie Apo Takayama, Kaci Tsuneda, Dot Botelho-Kaili, Richard Mitchell.Dorthi.Botehlo-Kaili,
Richard Mitchell, Nahelani Parsons.
2. APPROVAL OF AGENDA
No amendments to agenda. Approved.
3. MINUTES
June 13, 2024, HSAC Executive Committee Meeting Minutes Page 12 ` lE4sso�:,
a epttbt
a. May 20, 2024 Executive committee meeting.
No correction for minutes. Approved.
4. REPORTS
•
a. Treasurer's Report •
Treasurer Waters:Balance in the HSAC primary account: $208,395.01
Balance in the HSAC conference account: $11,487.60
Total deposit account balances: $219,882.61
Report received.
b. County Reports:
i. County of Hawai`i
President Kimball: Submitted written report.
Wanted to see if any interest in creating a working group in county code amendments to adaptive
reuse. HB 2090 passed requiring us to have adaptive reuse for single multi family uses in
commercial zonings by 2025.
ii. County of Kaua`i
Secretary Carvalho: Written report submitted.
iii. County of Maui
Vice President Paltin: Written report to follow. Resolution coming up to push back the start date
of schools for Maui as it is supposed to start August 7 and would like it to start August 12.
Chair Lee was talking about special management designated areas and special management
areas - still going through existing water uses, having an affordable rental project that has two
wells dug and not granted the use of them, everyone has water permit applications, projects
ready to go, and not able to access water. Asking the county for 75 gallons a day for 5 years,
because many of those displaced were renters, and those in the burn zone won't have their homes
rebuilt in time. Looking at taking politicalness out of water resource management due to after the
fire there were none-truthful things being circulated Priority for the next year to encourage
permanent housing in West maui and affordable workforce to get authorized to have water.
iv. City and County of Honolulu
June 13, 2024. HSAC Executive Committee Meeting Minutes Page 13 ,SSPTE ASSOC
ORCOUN.,
Treasurer Waters: Passed out budget last week, prioritized public safety, police,
fire, ambulance, lifeguards, and parks. Put a lot of extra money into our parks, parks are
dilapidated, bathrooms are almost unusable. Created an independent Ocean Safety department.
On the ballot - question if to create an ocean safety commission similar to the police and fire
commission. Ballot initiative to deal with council member salaries, question if to cap the raises
each year at 5% or average of collective bargaining that everyone got and do not vote on their
own salary. worked with the Mayor's office to transfer 10 acres of land to build affordable
housing for Hawaiians. Festpac is here until the 16th, over 40 different countries from around
the Pacific. Signed a sister city relationship with Rarotonga.
President Kimball: We should have a session at the HSAC conference on the toxic political
environment we find ourselves in and maybe mental health.
Treasurer Waters: Discussion on including a discussion on taxation with council members rather
than department heads, or short term rentals, suggestion for the HSAC conference to be on a
panel.
CM DeCosta: Can HSAC help with grazing for fire mitigation. There are 1800 acres burning,
wondering if we can control the gras through livestock grazing.
CMPaltin: Will talk with someone if there is legislation that would help in using grazing animals
for fire mitigation. Learned from time in Yosemite at WIR that there are ways to advise
construction of the house to prevent fire from catching, especially embers that can enter through
your vents. Other issue is that insurance companies base their cost off the level of risk, so if we
can lower the risk maybe we can get better insurance levels.
CM Kimball: Can we include something relating to this in the HSAC conference? On Hawaii
island, the insurance companies are pulling out from the Puna area, and this will increase cost.
Need to look at this more.
c. NACo Report
Treasurer Waters: 2024 July NACo annual conference coming up in Florida.
Open discussion on whether to switch CM Sue Lee Loy with CM Ashley Kierkiewicz at the
upcoming NACo board meeting. The term ends at the annual meeting for the Presidential
appointment. In order to switch the roles, would require a letter of resignation and a letter from
the current President appointing the new NACo board member
CMPaltin: Suggest calling the upcoming NACo President to ask for their advice.
June 13. 2024. HSAC Executive Committee Meet in{7 Minutes Page I 4 , 60"4sso•
ti
°couN
d. WIR Report
No WIR report.
e. Executive Director Report
ED Parsons: Executive written report submitted. Reminder about omiyage. HSAC recently
received the 3+1 Cashvest program check Reminder to submit reimbursements. Sharing on what
other associations across the country are facing. North Dakota has a ballot initiative to remove
the real property taxes.
f. Legislative Report
Jon Okudara: Sent a recap on the tobacco bill and looked into the ambiguities. Looking into the
traffic regulation law, problems would be critical habitats and overly sensitive areas. Invasive
species rules. Need to look at how to include this in the law or if it is covered in the invasive
species act. Looking at the family leave proposal, under federal law it is already granted to
employers with 100 or more employees, the problem is that it is underfunded.
NACo, WIR, Executive Director, Legislative report all received.
5. UNFINISHED BUSINESS
a. Discussion on updates to the HSAC ByLaws.
No amendments provided at this time.
b. Discussion and approval to hire a facilitator to assist with an HSAC Strategic
Planning meeting.
No items provided form HSAC EC for items to include in the scope of services. President
Kimball to draft and share with the HSAC EC.
VP Paltin: Most important thing for HSAC is the legislative impact, and this is the priority to be
included in the strategic planning meeting.
Treasurer Waters:Inviting all the legislators to the HSAC conference.
c. 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.
Secretary Carvalho: Will check on status.
6. NEW BUSINESS
June 13, 2024 HSAC Executive Committee Meeting Minutes Page 15 soc."Asso,,9
' i
s ' .
/'
a. County of Hawai`i Resolution No. 503-24, A RESOLUTION
APPROVING THE FISCAL YEAR 2025 PROPOSED OPERATING BUDGET
FOR THE HAWAI`I STATE ASSOCIATION OF COUNTIES, which was
adopted on May 15,2024.
b. City and County of Honolulu Resolution No. 24-139, APPROVING THE
PROPOSED BUDGET FOR THE HAWAI`I STATE ASSOCIATION OF
COUNTIES FOR THE FISCAL YEAR 2024-2025, which was adopted on May
15, 2024, which was adopted on June 5, 2024.
Communications received.
c. Review and approval of the amended Executive Director contract.
Executive Director contract approved
a. Communication from County of Maui (05/16/2024) regarding the 2024 State
legislative session: end of session report.
Communication received.
b. Nominees for HSAC appointments to serve on the Center for Alternative Dispute
Resolution(CADR)Advisory board.
i. Kaua`i County Council Chair Mel Rapozo
ii. Kaua`i County Council member Felicia Cowden
iii. Hawai`i County Council Vice Chair Holeka Inaba
iv. Hawai`i County Council member Michelle Galimba
Kaua`i County Council Chair Mel Rapozo and Hawai`i County Council Vice Chair Holeka
Inaba approved.
c. WIR conference Maui 2026.
VP Paltin: Request to combine the WIR and HSAC conference in 2026 and switch with the
county that is to host the conference in 2026. Hawaii county would host 2025 and Maui county
would host in 2026. The idea is to have more people to attend if HSAC could be combined with
WIR. Would be hosted in Kaanapali.
Treasurer Waters: Reminder that this is our annual fundraiser
President Kimball: Request to find out if VP Paltin can check and ensure that the fundraising
can still be achieved if they combine the two events.
June 13, 2024, HSAC Executive Committee Meeting Minutes Page 16 soc'EAso',
�',1„( SA 0,n
ORCOUNZ��
d. Approval to transfer $10,000 from the HSAC Main Account to the
Conference Account for assistance with down payment for the Conference.
Somerset Yamamoto:Reminder to register and book your hotel.
Motion to transfer approved.
7. ANNOUNCEMENTS
a. Scheduling of the next Executive Committee meeting.
Thursday, July 18, 2024 at noon.
8. ADJOURNMENT
HSAC Maui County
July 18, 2024 •
• Follow-Up
o Regarding the Mayor's declaration to remove TVR in the Apartment
Districts, Realtors Association of Maui shared Paul Brewbaker's 2022
analysis on the possible economic effects of removing 7,000 properties
■ https://drive.google.com/file/d/1 Eylof VggOcgCiHBxj cvBALyYPQ 1 s3XL
n/view?usp=sharing
• Communications / Resolutions / Bills
o CC 24-20: Propose Amendment to Article 8 of the Revised Charter of
the County of Maui (1983), as Amended, to make the Salary
Commission's authority consistent with the Constitution of the
State of Hawaii
o Reso 24-95: Recommend FIRST READING to place on next General
Election ballot the question of whether the Revised Charter of the
County of Maui (1983), as amended, should be amended, effective July.
1, 2025, to authorize the Board of Ethics to appoint staff, including
and Executive Director
o Reso 24-96: Recommend FIRST READING to place on next General
Election ballot the question of whether the Revised Charter of the
County of Maui (1983), as amended, should be amended, effective July
1, 2025, to allow the Salary Commission to determine the salaries,
rather than the compensation, of elected officials and appointed
directors and deputy directors of all County departments, consistent
with the Constitution of the State of Hawai`i
o Reso 24-103 passed unanimously to oppose construction of
telescope facility on Haleakala
o Reso 24-115: Amend Reso 24-46, FD1 to add lots to the Grant of
Lease of County Real Property to Council for Native Hawaiian
Advancement; Referred to the Housing and Land Use Committee
Page 1 of 2
HSAC Maui County
July 18, 2024
o Bill 64, CD 1 (2023) to amend language in subsections A (Workers'
Compensation Claims) and B (Other Claims or Civil Litigation) to
'increase Corporation Counsel's authority to settle claims, from
$7,500 to $25,00, without Council approval.
o Bill 85 (2024), effective August 1, 2024, increases circuit breaker tax
credit maximum amount to $8,200 and increases maximum
household qualifying income limit to $126,000, as well as adjusts the
schedule setting the amount of tax credit received based on the
homeowner's gross building assessed value, which includes increasing
the maximum value eligible to receive 100 percent of the credit to
$1,000,000
o Bill 71 (2024) increases size of one of two farm dwellings per lot in the
Agricultural District, from 1,000 to 1,500 square feet of developable
area, on Maui and Lanai
o Bill 87, CD1 (2024), passed 8-1, to allow the use of temporary
structures within the Lahaina burn zone for up to five years
• New Departments (Effective July 1):
o Department of Housing, Department of Human Concerns, Department
of `Oiwi Resources, and Maui Water Authority Board
■ All Director, Deputy Director, and Executive Director positions
filled.
• WIR Conference 2026
Page 2 of 2
t. OF It1 Phone: (808)961-8828
HEATHER L.KIMBALL .'�P•� ..,•..
COUNCIL CHAIR .' ` �dd1�, Fax: (808)961-8912
Council District 1 (North Hilo, + � ' f = Email:Heather.KimbalRhawaiicountugov
Hamakua, and portion of Waimea)
HAWAI`I COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
August 2, 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 August 2, 2024 HSAC Executive Committee Meeting
The Hawai`i 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:
• RESO 549-24 AUTHORIZING MAYOR TO ENTER INTO MOA WITH THE
ARMY. Allows for a 50 percent cost sharing agreement to conduct a study to identify
and evaluate alternatives and recommend a solution for aquatic ecosystem restoration of
Kahalu`u Bay.
• RESO 556-24 REQUESTS DEPARTMENT OF RESEARCH AND
DEVELOPMENT TO PROCURE A COMPREHENSIVE STUDY ON THE
ECONOMIC AND FISCAL IMPACTS OF THE TRANSIENT
ACCOMMODATION RENTAL IN 1:USTRY IN HAWAI`I COUNTY. Seeks an
assessment and analysis of rental listings including available rentals, occupancy rates,
pricing, geographic distribution, market value of the land/buildings,proximity of owners,
number of structures, and other key metrics; economic contributions of the transient
accommodation rental industry to Hawai`i County's economy;the impact on housing
availability and affordability for Hawai`i County residents; and the potential feasibility of
conversion to long-term housing.
• BILL 176 RELATING TO APPROPRIATIONS OF FUNDS TO NONPROFIT
ORGANIZATIONS. Adds and amends existing definitions and amends provisions
regulating requirements for nonprofit organizations to be eligible for County funding,
conditions placed on the receipt of grant awards, and procedures for the awarding of
grants.
Hawai`i County is an Equal Opportunity Provider and Employer.
HSAC Executive Committee Members
August 2,2024 Hawai`i County Report
• BILL 181 AMENDS THE CODE RELATING TO THE GENERAL PLAN. Inserts
amendment procedures for the General Plan, including a comprehensive review at least
every ten years, and interim amendments between comprehensive reviews; describes the
powers and duties of the Planning Director and Planning Commissions to review and
recommend amendments, and of the Council to initiate or adopt proposed amendments.
• RESO 562-24 AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR
AGREEMENT WITH SP COUNTY OF HAWAII,LLC,TO REPLACE HAWAII
COUNTY SHARED-USE ELECTRIC VEHICLES. To enter into a ten-year lease
agreement with an approximately monthly cost of$8,357, to replace the County's
disposed shared-use electric vehicle fleet with eight new electric vehicles.
• BILL 182 AMENDS THE CODE RELATING TO AN EXEMPTION FROM
CERTAIN MOTOR VEHICLE TAXES AND FEES FOR VEHICLES USED BY
POLICE OFFICERS IN THEIR OFFICIAL DUTIES. Seeks to exempt motor
vehicles owned or leased for twelve months or longer by the County and County-
subsidized motor vehicles from motor vehicle taxes and certain vehicle registration fees.
• BILL 104 (DRAFT 6)AMENDS THE CODE RELATING TO THE CREATION
OF A LONG-TERM RENTAL CLASS FOR REAL PROPERTY TAXES. •
Establishes a long-Term Rental tax assignment classification for properties that are
occupied under a lease for at least 12 consecutive months and under a signed lease for six
consecutive months or more to the same tenant.
In addition to these new legislative items,we continue to work on our STVR and ADU
legislation. We are reaching out to the planning departments in the other counties to explore
any restrictions placed on the number and size of ADUs. The STVR bill has continued to get
resistance but not as much as when originally introduced. We are not looking at amortization
of existing rentals, ours is primarily a registration process but it will result in illegal rentals
being shut down.
We have gotten a lot of public feedback regarding our revisions to our agricultural use tax
benefits. The revisions were intended to ensure that agricultural land was kept in agricultural
use and to bring land costs down by limiting land banking and speculation. The resistance to
the changes is largely due to how the changes were communicated and it would be worth
having an HSAC discussion about how to improve public outreach on complex policy issues.
Copies of the above measures are not attached; however, if any Executive Committee
Member is interested in receiving any,please advise and the same will be produced.
Mahalo and Aloha,
jadim.
HEATHER L. KIMBALL
Council Chair, Council District 1, County of Hawai`i
Page 2 of 2
COUNTY COUNCILvaos of OFFICE OF THE COUNTY CLERK
Mel Rapozo,Chair %� _16.�
KipuKai Kuali`i,Vice Chair �' , Jade K.Fountain-Tanigawa,County Clerk
Addison Bulosan Lyndon M.Yoshioka,Deputy County Clerk
Bernard P.Carvalho,Jr. w"a�4 '4L,'�
Felicia Cowden /7 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
July 16, 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 JULY 18, 2024 HSAC
EXECUTIVE COMMITTEE MEETING
The Kaua`i County Council held various meetings after the last Hawaii State
Association of Counties Executive Committee Meeting. As a result of those
meetings, the Kauai County Council:
• Received Bill No. 2912 for the Record, Relating to General Provisions
Relating to Finance.
o This Bill was received for the record on June 26, 2024 due to of the
adoption of Act 041 (HB2801, HD 1, SD 1, CD 1, Relating to
Commercial Property Assessed Financing), and therefore, no
county-level legislation is required.
• Discussed Bill No. 2914, Draft 3, 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 was deferred to the August 14, 2024 Council Meeting.
• Received Bill No. 2921 for the Record, relating to the Operating Budget of
the County of Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2023
through June 30, 2024, by revising the amounts estimated in the General
Fund.
o This Bill proposes to transfer $2,000,000 from the
Equity / Fund Balance — Committed (Disaster Reserve) to the
Finance /Administration— Special Projects (RAIN24). The funding
is required for the purpose of providing for emergency expenditures
to meet the public emergency caused by heavy rains and severe
flooding which started on April 11, 2024.
o This Bill was Received for the Record on June 26, 2024.
AN EQUAL OPPORTUNITY EMPLOYER
Heather Kimball, HSAC President
and Members of the Executive Committee
RE: Kauai County Report for the July 18, 2024 HSAC Executive Committee
Meeting
June 16, 2024
Page 2
• Approved Bill No. 2922, Refreshment Concessions and Intoxicating Liquor
in Parks Facilities.
o This Bill proposes to: (1) allow the sale of intoxicating liquor at the
Wailua Golf Course and allow any person of legal drinking age to
possess and consume intoxicating liquor purchased from the golf
course concessionaire; and (2) allow the sale of intoxicating liquor at
County stadium facilities for community and special events as
authorized by a Special License or Catering Permit issued by the
Liquor Control Commission and a Special Use Permit issued by the
Director of Parks & Recreation.
o This Bill is based on the recommendation of the Department of Parks
and Recreation that: (1) Wailua Golf Course patrons desire the ability
to purchase intoxicating liquor for consumption at the golf course to
enhance the existing food and beverage concessions options;
and (2) many special event organizers have requested permission to
sell intoxicating liquor to promote the increasing demand for
multi-purpose usage of County stadium facilities.
o This Bill was adopted on second and final reading on July 10, 2024,
was approved by the Mayor on July 11, 2024, and.now has the effect of
law as Ordinance No. 1160.
Please note that copies of the above-referenced bills are attached for your use
and information. Should you need a copy or 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)
July 18, 2024 HSAC EC Agenda
ORDINANCE NO. BILL NO. 2912
A BILL FOR AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 6,
KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GENERAL PROVISIONS RELATING TO FINANCE
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA`I, STATE
OF HAWAI`I:
SECTION 1. Findings and- Purpose. The Council of the County of
Kauai finds that cesspools pose a harmful threat to residents and visitors as well as
the environment. There are approximately fourteen thousand cesspools on the island
of Kauai, which according to the State of Hawaii Department of Health collectively
releases more than fifty-three million gallons of untreated sewage into the ground
each day. Additionally, Hawaii relies on groundwater for ninety per cent of its
drinking water.
Pursuant to Hawaii Revised Statutes Section 342D-72 (Cesspools; mandatory
upgrade, conversion, or connection), the State Legislature requires that all cesspools
in the State, excluding cesspools granted exemptions by the Director of Health, be
upgraded or converted to a Director-approved wastewater system or sewerage
system by January 1, 2050. However, cesspool conversions are costly, and to make
qualifying- improvements affordable, non-traditional financing options and
repayment mechanisms may help bridge" the gap. Additionally, leveraging
non-traditional financing options and repayment mechanisms will accelerate
economic recovery and economic diversification.
The purpose of this Ordinance is to establish a commercial property assessed
financing program and to authorize property assessed financing for commercial
properties, which will be administered by the Hawaii Green Infrastructure Authority.
SECTION 2. Chapter 6, Kauai County Code 1987, as amended, is
hereby amended by establishing a new Article 16 to be appropriately designated
and to read as follows:
"ARTICLE 16. Pronerty:Assessed Financing Program.
Section 6-16.1 Purpose.
The Purpose of this -Article is- to implement-the authority,=:granted to
the County of Kaua`i.oursuant to.Chapter 196. Part IV., and Section 46-80(b).
Hawai-`i.-Revise d Statutes, with respect to--the'==nropert�T assessed financing
pro ramf to be_established and administered within the County of Kauai by
the:Hawaii Green Infrastructure Authority.
Section 6-16.2 Definitions.
Except as otherwise :provided. herein.-the following definitions shall
,aiply-to this Article:
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Bill No. 2912
"Authority" means the Hawaii Green Infrastructure -Authority: an
instrumentality of the--State of Hawaii. as administrator of the Properti=-
Assessed Financing,Program.
"Authorizing Acts" means Chapter 196. Part IV, and Section 46-80(b).
Hawai`-i Revised Statutes.
"Commercial .property means any- existing or -new real property,
located within the County of Kauai that is not defined as s a residential
property: including any such .Property where there is a leasehold or.
::possessory interest in the -property and-.any multi-family- dwelling or
townhouse consisting of five (5) or more units as well as agricultural
property.
"Director" means the Director of Finance of the County of Kauai or
such Director's authorized representative.
"Financing :Program administration agreement" means the program
administration agreement entered into between-the County of Kaua`.i and.
the authority .with respect to the .administration of the property assessed
financingprogram..pursuant to Section 6.16.4.
"Non-ad- valorem special tax assessment" means a special tax
assessment levied by the County of Kauai a benefitted propertv as
provided-in the authorizing acts and this Chapter 6.
-."Property assessed financing assessment" means the non-ad valorem
stiecial.tax assessment levied by the County of Kauai that secures the
repayment of financing obtained ._by a property- owner for a 'qualifying
.improvement and that appears on a ProDerty tax bill or a standalone bill
as provided herein..
"Property assessed financing assessment .contract" means .. the
financing contract, under the -pror.erty assessed financing program. by and
among one or more property assessed financing lenders one or_ more
property- owners. and the authority as the administrator of the property
assessed financing program-for the acquisition or installation of qualifying.
improvements.
"P_roPerty assessed financing-lender" means a financial institution as.
defined Pursuant to Section 412:1-109. Hawaii Revised Statutes. or a
private or Public lender approved by the authority as the administrator o
f
the-.property assessed financing program. to originate property assessed
financing assessmen contracts. and which may include--any successor or
assignee .of the lender as Provided-in the property- assessed financing
assessment contract.
"Property assessed financing program" means a program to finance
qualifying improvements on properties that are repaid through a non-ad
2
Bill No. 2912
valorem special tax assessment levied and collected by the County of Kauai
in accordance with the authorizing acts and this Chapter 6.
"Qualifying improvement" means a septic system or aerobic treatment
unit SN'stem_:or connection to sewer -systems. clean energy technology..
efficiency technology'. water conservation. resiliency measure, or other
improvement approved by the-authority..
"Summary Memorandum of C-PACER As essment Contract and
Notice of Levy and Lien or Summary Memorandum" means a memorandum
of-the C=PACER Assessment Contract. which is recorded with the State of
Hawai`i's Bureau of Conveyances or Land Court. to provide constructive
notice of the levy and lien on a subject nropertY.-with respect_to each property
assessed . financing. assessment. Each SummarY Memorandum shall:
`(i) identify the_ Property subject. .to the property assessed financing,
assessment._ (ii)=state that such assessment has been levied pursuant to this
•
Chapter. 6 with respect to the propertv owner's payment obligations under,
the property_ assessedfinancing-assessment contract. '(ni) specify the term_of
the levi and the annual amount thereof and (iv)"state that the total amount
of the..property assessed financing shall constitute a non-accelerating hen on.
the property_pursuant to this Chanter 6.
Section 6-16.3 Par-ticiiation in Property-Assessed Financing:
Program Limited-Obligations.
(a)-- Subject to the provisions of the authorizing acts and this
Chapter 6.-the County of Kauai shallA)',particil?at in the Property assessed,
financing )rogram established and administered within the County of Kauai
by the authority.- and Cu) levy a Property assessed financin_g_assessment
Properties pursuant to the property assessed financing program.,
1 Th --o ligat ons f the County -of tie with snect to..the
property assessed financing'Program shall be limited to the leer of.Property
assefised- finaocin _ ass,�essments pursuant to Section 6-16.5 collection szn
�u uant to.
najrxn.ent to the-authority of amounts-collected.� �s . -
or n oue �' pGfiPd finan ix assessment
and�e�foxc�.e��lie�s—£-=��t ass
Pursuan t 5 ion Th
6-16.9. e ounty oLK ua`i all have no other
obliaations�I
1, rGat. t he i2roperty_-assessed-financingProgram or any
a.
property assessed financing assessment contracts.
Section 6-16 4 Fi ns'i Pro r Administration
Agreement-w'tb. AiuthoritY
The o ti of Ka_ua`i _shall tjarticiRate in the Pro1)erty assessed
financing :program iti accordance with the financing program administration
agreement to be entered into o between the County: acting through - the
Director.. and the authority prior to the execution of the first property
assessed_financing assessment contract within the County of Kauaii Subject
to_ the further provisions of this Chapter 6. the financinG . ram
administration agreement shall establish the terms upon which the authority
3
Bill No. 2912
•
shall-establish and administer the propertY assessed financing program
within the a County of Kaua`i,_ and the County of Kaua`i shall.levy, property
assessed financing assessments on benefitted properties, which terms shall
include thefollowing:
(a), The authority shall establish-and administer the applicable
.eligibility-_standards and requirements for participation b_y property.
assessed financing lenders and property- owners in the property assessed
financing program and for the :aualifving improvements for properties to be.
financed under the program. The authority shall be responsible for
'approving all applications for_participation b F_ the property assessed
financing lenders and ,property) owners and for the financing of Qualifying
improvements in accordance with such standards and requirements. The
authority shall be responsible for the preparation and dissemination of all
informational materials regarding the offering of the property assessed
financing program and the_ standards and requirements relating
thereto.
{fo). The property assessed financing, assessment on each property
shall include the amounts necessary to repay the property' owner's debt
obligations to the property assessed financing lender with respect to the
financing. The assessment may also include such reasonable administrative
expenses of the authority and the County of Kauai as determined in
accordance with the financing :Program administration agreement and set
:forth in the applicable property assessed financing-assessment.contract.
(c) As administrator of the property.' assessed financing' Program,
the authority shall enter into the property assessed financing assessment
contract for each financing with the.property assessed financing lender and
the_property owner. Upon execution and delivery of each property assessed.
financing .assessment• contract. the authority shall cause the property
assessed financing' -lender to record the contract.. or a summary
memorandum thereof, in accordance with Chanter 196. Part Nl•• .and,
Section 46-80(b). Hawaii Revised Statutes. and Section 6,16.6 hereof. If
.agreed to by the_ County=. of Kaua`i in the financing-program administration
agreement, the authority shall act as servicing agent under the property
assessed financing assessmentcontracts during their respective terms.
(d? The -Director shall levy and collect. the property assessed
financing assessments- in the amounts approved and certified by the.
authority for collection.-and shall enforce the lien. ootsuch assessments: as
provided in the financing Program administration agreement. subie_t to the
,further provisions in this Charter 6. The authority= shall agree to assist
the Director with respect to such matters as r roviied in the financing
program administration agreement.
4
Bill No. 2912
Section 6-16.5 Levy- of Property Assessed Financing
Assessment:_Report to Council.
• (a) The Director shall levy the property - assessed financing
assessment on-each property in the amount approved and certified by the
authority_ to the director in - accordance with the_ financing flprogram.
administration agreement. No action by the Council-shall be required for any
such levy so approved and certified by the"authority.
(b): The. Director shall file a report
n assessments.Council
Such report
making of each levy of'propert\�' assessed financing
shall:-:(i) identify the property- owner, the pro x erty the property assessed
financing:lender. and the 'qualifying- improvements being financed:, and (ii)
specif i the amount and-term of the financing obligation and the amount of
the property. assessed financing assessment with respect to the financing
•obligation.
•
Section 6-16.6 Notice of .Levu: Disclosure Statement upon
Sale of Property.
(a)- The propert\r assessed financing lender with respect to'each
:property, assessed financing assessment contract. or the authority on behalf
of such lender..shall record 'such contract or a summary memorandum of the
:"contract: together with the applicable notice of levy`. .in the land records for
the "ro`"erty maintained.by the Bureau of Conveyances or Land Court. as
applicable, within five (5) days after execution by the parties to the contract.
Such recordation shall :provide constructive notice of the levy of, and
obligation of the "property owner to pats:- the property' assessed financing
assessmen_ t on the property and of the hen of such assessment on the
• property.
In addition to the foregoing. at or before the time-a Purchaser
executes a contract for the sale and purchase of_ any iroaerty_for which a
non-ad valorem special tax assessment has been. levied under this Chapter
and_ has a n unpaid balanced due, the seller shall give the prospective
;purchaser a written disclosure-statement notifnng.the prospective purchaser
.of the,t-iroc erty assessed financing assessment.,
Section 6-16.7 Lien on Property: Term of Lien.
The property-_assessed financing assessment levied on the iroperty-
shall be. a-non-ad- valorem special-tax assessment and. a- lien.. against the
proerty on a'parity -with'the lien of real property taxes and the lien of any
assessments levied- under other assessment ordinances from the date of
recordation of the applicable property assessed financing assessment contract
pursuant to Section 6-16.6 until paid or satisfied in accordance with such
contract. _ Upon payment or -satisfaction of the property assessed financing.
asse ssment contract, the property assessed--financing lender. or the authority.:
on behalf of such- lender. shall record .a n instrument evidencing'- the
termination of the hen in the land records for the property.
5
Bill No. 2912
Section.6,16.8 Billing and Collection.
As>Provided in the financing, program administration agreement and
the applicable;Property assessed financing assessment contract. the property
assessed financing assessment for a Property shall be billed and collected in
the same_manner as real`property taxes are billed collected and be subject to
the same enalties and same procedure..sale; and lien priorit, subject to this
chapter. in-the case of delinquency as is Provided bY general law for the
default of the :poment of real property: taxes. unless another procedure.
including standalone billing and collection is ag eed uiPon b the authorit��.
and the director. The Director shall remit_any property assessed financing.
assessments collected. less any reasonable administrative costs of the county
included in the assessments, to or on the direction of the authority_ for
further application by the authority to pay each property assessed financing
lender and to 'pay- the reasonable administrative costs of the authority in
accordance .with- the applicable property assessed financing assessment
contract.
Section 6,16.9 Enforcement of Lien.
_ The Director shall commence and diligently. Pursue to
completion. and shall covenant in a contract or instrument for the benefit of
any property, assessed financing lender or bondholder to - commence and
diliaentl = pursue to completion. the foreclosure of the lien- of delinquent
property.assessed financing:assessments and any Penalty. interests and costs
by advertisement and_sale and with the same effect as provided by: general
law for sales of real Property pursuant- to _default in"payment of property
taxes. The-foregoing covenant shall specif'- a deadline for commencement of
the foreclosure" sale and any other terms and conditions the Director
determines reasonable regarding the foreclosure sale. For property assessed
financing assessments levied but not paid when due Pursuant to a property
assessed financing assessment contract. the foreclosure of the lien of the
property assessed financing assessment, lien of real property taxes or any
assessments levied -under other assessment ordinances, or any, other lien,
foreclosed. -shall not accelerate or extinguish the remaining term of the
property- assessed financing assessment as approved in the applicable
property assessed financing-assessment contract.
(hj: Subject to theforegoing: the lien of delinquent propertvassessed
financing assessments may -be enforced. by . judicial or non-judicial
foreclosure. either in a single. combined sale of the.property to satisfy all
liens for delinquent property'assessed financing assessments. real :property
taxes and assessments- levied under other assessment ordinances.. or in a
separate-sale to satisfy the lien for delinquent property assessed financing,
assessments only: subject to the following:
(i):: - If the propertY is sold in a single.. combined foreclosure sale to
satisfy multiple delinquent liens as aforesaid: the sale proceeds shall be
applied to the payment of all delinquent._ property. assessed financing,
assessments, real property taxes- and assessments under other assessment
6
Bill No. 2912
os
K .w
ordinances:plus._all_a iplicable Penalties, interests and costs: Provided that. if
the sale proceeds are insufficient to satisfy all_delinquent liens: the Director
may allocate such proceeds: first: to the payment of delinquent real Propertt=
taxes: and then: to t e payment of delinquent'property assessed financing
assessments and -delinquent assessments levied: under other assessment
ordinances in-the order of the oricinaLlevv of assessments on the property
pursuant-to_this Chapter 6 and.other assessment ordinances.
fill If the nroperty is sold separately to satisfy the lien .for
delinquent property assessed financing assessments only, the sale;Proceeds
shall be applied.to the-Payment of all delinqu nt Propert\- assessed financing
assessments. plus all-amilicable Penalties. interests, and costs. Such sale
shall not be.deemed to accelerate. extinguish, or otherwise affect any liens for
real property--taxes or assessments under other assessment ordinances.
Likewise. any separate sale to satisfy the liens for delinquent real property
takes or assessments under other assessment ordinances shall not be deemed
to__accelerate: -extinguish. or otherwise affect the lien for property assessed
financing;asse ssm.ents."
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 upon its approval.
Introduced by:
ADDISON BULOSAN
DATE OF INTRODUCTION:
February 16, 2024
Lihu`e, Kauai, Hawai`i
V:\BILLS\2022-2024 TERM\PDB- CPACE - for the 02-16-2024 CN mtg agenda (AB) (AAo_slr)•doc
7
Bill No. 2912
CERTIFICATE OF THE,COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of
Bill No. 2912,which was passed on first reading and ordered to print by the Council of
the County of Kauai at its meeting held on February 16, 2024, by the following vote:
FOR PASSAGE: Bulosan, Carvalho, Cowden, Kagawa,
Kuali`i, Rapozo TOTAL—6,
AGAINST PASSAGE: DeCosta TOTAL— 1,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— O.
Lihu`e, Hawai`i
February 16, 2024 Jade 1. Fountain-Tanigawa
County Clerk, County of Kauai
Bill No. 2912
ORDINANCE NO. BILL NO. 2914; Draft 3
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), Kauai 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 Teeniest by a
developer. provided.that:.
'(1) The developer is obliged, by charter. bylaws, or
.contractual agreement:,--to use all 'proceeds generated from the sale of
.credits to construct or rehabilitate affordable or workforce housing.
(2)--- .Each . workforce unit constructed in the subject.
develotmient shall be encumbered bY.a recorded deed restriction that
meets the requirements of this Chapter.
(3) Each residential workforce unit shall be sold or rented to
an income qualified individual..
`(4) . Credits maY only:be issued-for each residential workforce
housingunit sold or rented to an income eligible individual in the
appropriate income-RTOUP: that is in excess o£the residential workforce
.housing otherwise required in this Chapter.,
�5) For units sold or rented to i cn ome Pli ible individuals
earning--one hundred-tweet\ percent (1-20%)=or less of Kauai Median
Area Income.-only fifty percent`(50%).of the excess workforce units sold
or rented shall be eligible for credits:
(6) For projects sold or rented.to income eligible individuals.
.earning eighty;peircent'(80%)` or less of Kaua`i Median Area Income, all
-of the excess workforce units sold or rented shall be.eligible for credits.
1
'(bA A credit may satisfy the . requirement for any time 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.
:(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 only utilize the credits,
subject to the geogr ?hic 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.
( 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:''CI)'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..
(g') Any credits issued under this section shall expire twenty (20)
-,Years from the date of issuance."
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 Kaua`i 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
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2
ORDINANCE NO. BILL NO. 2921
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO B-2023-891,
AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUA`I, STATE OF HAWAI`I, FOR THE FISCAL YEAR
JULY 1, 2023 THROUGH JUNE 30, 2024, FOR THE PURPOSES OF
FUNDING EMERGENCY EXPENDITURES CAUSED BY HEAVY RAINS
AND SEVERE FLOODING WHICH STARTED ON APRIL 11, 2024,
BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND __
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE
OF HAWAII :
SECTION 1. Findings and Purpose. On April 11, 2024, the County of
Kauai was hit by heavy rains and severe flooding which destroyed or severely
damaged public and private property. On April 12, 2024, Acting Mayor Reiko
Matsuyama declared a state of emergency, and determined that severe damage to
public and private property has occurred. Governor Josh Green, M.D., also issued a
disaster Proclamation on April 12, 2024, in order to provide emergency response
and disaster relief due to heavy rains, flooding, and landslides impacting the people
of Kauai.
The purpose of this Emergency. Ordinance is to provide funding for
emergency expenditures to meet the public emergency caused by these heavy rains
and flooding.
SECTION 2. That pursuant to Sec. 19.07B and Sec. 19.10A of the
Charter of the County of Kaua'i, as amended, Ordinance No. B-2023-891, as
amended, relating to the Operating Budget of the County of Kauai, State of
Hawaii, for the fiscal year July 1, 2023 through June 30, 2024, be hereby amended
as follows:
The sum of $2,000,000.00 by revising the amounts estimated in the General
Fund from the following accounts:
Equity/ Fund Balance — Committed (Disaster Reserve) [$2,000,000]
Be and is hereby appropriated for the following purposes:
Finance /Administration— Special Projects (RAIN24) $2,000,000
1
Bill No. 2921
SECTION 3. This Ordinance shall take effect upon its approval.
Introduced by:
MEL RAPOZO
(By Request)
DATE OF INTRODUCTION:.
May 15, 2024
Lihu`e, Kaua`i, Hawaii
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2
Bill No. 2921
P
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of
Bill No. 2921,which was passed on first reading and ordered to print by the Council of
the County of Kauai at its meeting held on May 15, 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, Hawaii
May 15, 2024 Jade K untain-Tanigawa
County Clerk, County of Kauai
Bill No. 2921
r
ORDINANCE NO... _ 1160 BILL NO. . 2922
A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, KAUAI COUNTY
CODE 1987,AS AMENDED, RELATING TO REFRESHMENT CONCESSIONS
AND INTOXICATING LIQUOR IN PARKS_FACILITIES ._
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE
OF HAWAI`I:
SECTION 1. Findings and Purpose. Based on the recommendation of
the Department of Parks and Recreation, the Council finds that: (1) Wailua Golf
Course patrons desire the ability to purchase intoxicating liquor for consumption at
the golf course to enhance the existing food and beverage concessions options; and
(2)many special event organizers have requested permission to sell intoxicating liquor
to promote the increasing demand for multi-purpose usage of County stadium
facilities. Subject to the details set forth in this Ordinance, the purpose of this
Ordinance is to: (1) allow the sale of intoxicating liquor at the Wailua Golf Course and
allow any person of legal drinking age to possess and consume intoxicating liquor
purchased from the golf course concessionaire; and (2) allow the sale of intoxicating
liquor at County stadium facilities for community and special events as authorized by
a Special License or Catering Permit issued by the Liquor Control Commission and a
Special Use Permit issued by the Director of Parks & Recreation.
SECTION 2. Chapter 19, Article 1, Section 19-1.17 (Refreshment
Concession), Kauai County Code 1987, as amended, is hereby amended as follows:
"Sec. 19-1.17 Refreshment Concession.
(a) Unless the concession is of the type and nature so as to require
competitive bidding pursuant to Chapter 102, Hawaii Revised Statutes, the
refreshment concession for any Type III, Type IV, Type V or Type VI activity may be
awarded to the person or organization who has been granted a permit by the Director
to engage in Type III, Type IV, Type V or Type VI activities.
(b) If the Type III, Type IV, Type V or Type VI permittee declines to operate
the concession, the Director may, at his or her discretion, award the concession to any
school, church, or other non-profit organization who is on the refreshment concession
list as provided in Subsection (d) of this Section.
(c) The Director may, at his or her discretion, award the concession for
Type I and Type II activities to any school, church or other non-profit organization
who is on the refreshment concession list as provided in Subsection (d) of this Section.
(d) Non-profit organizations who wish to operate a refreshment concession
as provided in Subsections (b) and (c) of this Section shall file a written application to
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the Director and provide proof of non-profit status at the time of application. The
Director shall maintain a list of all non-profit organizations who are authorized to
operate a refreshment concession and award the concession in the order of the list.
(e) [No alcoholic beverages] Intoxicating. liquor shall not be sold at a
refreshment concession[.]. except for sales at:
(1) _ The restaurant concession at the Wailua Golf Course and within
the boundaries of the Wailua Golf Course as set forth in- Section.19-3.5'(b).
excluding the Parking lot.area _and
?(2)- County: stadium facilities as authorized by a Special License or
Catering Permit issued bv`the Liquor Control Commission and.-a Special Use
Permit issued by the Director."
SECTION 3. Chapter 19, Article 3, Section 19-3.5 (Prohibiting
Intoxicating Liquor Within the Golf Course), Kaua`i County Code 1987, as amended,
is hereby amended as follows:
"Sec. 19-3.5 [Prohibiting] Intoxicating Liquor Within the Golf Course.
�a) It shall be unlawful for any person to possess or consume any
intoxicating liquor at any time within the boundaries of the golf [course,] course
property. including the:Parking lots, except [in areas licensed for consumption by the
Liquor Commission] as provided bvi Section 19 3.5(V., Any person convicted of
violating this Section, or as the same may be amended or supplemented, shall [be
punished by a fine not exceeding five hundred dollars ($500.00) nor less than fifty
dollars ($50.00).] upon conviction;,be guilts:'of a:PettY misdemeanor:punishable bv;up'
to thirty '(30) da >s of imprisonment. a ._fine--not not—exceeding g- one --.thousand
dollars ($1:000 00)' or both. In addition, the County shall have the right to avail itself
of any civil remedy appropriate under the circumstances.
N}_ It shall be lawful for any `Person:-of legal drinking: age to :possess--and
consume intoxicat_in ici or within the boundaries of the zolf course in areas licensed
:for -consumption- by the Liquor- Control Commission Provided that the person:
purchased_the intoxicating liquor from the golf course concessionaire;r ovides proof of
purchase upon request;. and is otherwise-lawfully permitted to possess or consume
intoxicating l liquor:
SECTION 4. If any provision of this Ordinance or application thereof to
any person or circumstance is held invalid, the invalidity does not affect the other
provisions or applications of this Ordinance that can be given effect without the
invalid provision or application; and to this end, the provisions of this Ordinance
are severable.
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SECTION 5. 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 6. This Ordinance shall take effect upon its approval.
Introduced by:
ADDISON BULOSAN
(By Request)
DATE OF INTRODUCTION:
May 15, 2024
Lihu`e, Kauai, 'Hawai`i
V:\BILLS\2022-2024 TERM\Bill Intoxicating Liquor Wailua Golf Course and County Stadium
Facilities JA_ss.doc
3
CERTIFICATE-OF-THE COUNTY.CLERK
I hereby certify that heretofore attached is a true and correct copy of
Bill No. 2922,which was passed on first reading and ordered to print by the Council of
the County of Kauai at its meeting held on May 15, 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, Hawai`i
May 15, 2024 Jade K. :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. 2922 which was adopted on second and final reading by the Council of the
County of Kaua`i at its meeting held on July 10, 2024, by the following vote:
FOR ADOPTION: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i TOTAL— 6,
AGAINST ADOPTION: None TOTAL—0,
EXCUSED & NOT VOTING: Rapozo TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL—O.
Lihu`e, Hawai`i _-
July 10, 2024 - Jade ountain-Tanigawa
County Clerk, County of Kaua`i
ATTEST:
" 411: •
(AIM ;- (tited2
Kip tivali`i
_
Vice Chairman & Presiding Officer
DATE OF TRANSMITTAL TO MAYOR:
July 10, 2024
Approved this \\ " ay of
J' - , 2024.
Derek S.K. Kawakami,
Mayor
County of Kaua`i