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HomeMy WebLinkAboutCOM 0010.010 2022-2024HEATHER L. KIMBALL COUNCIL CHAIR Council District 1 (North Hilo, Hdmakua, and portion of Waimea) Phone: (808) 961-8828 Fax: (808) 961-8912 Email: heather. kimball(a),haivaiicountv. gov HAWAI`I COUNTY COUNCIL COUNTY OF HAWAI`I 25 Aupuni Street, Ste. 1402, Hilo, Hawai'i 96720 DATE: October 8, 2024 TO: Members of the Hawai'i County Council FROM -3(-(;ri Heather Kimball, Council Chair SUBJECT: Approved Minutes of the Hawaii State Association of Counties Executive Committee Meetings held on July 18, 2024, August 22, 2024, and Officer's Reports Please find attached the approved minutes of the Hawaii State Association of Counties Executive Committee Meetings on July 18, 2024, and August 22, 2024. Please also view the attached of the Hawaii State Association of Counties Officer's reports. Please place these matters on the agenda for the next appropriate Committee. Mahalo HK:bt fi • 1 0 Hawai'i County is an Equal Opportunity Provider and Employer Hawaii State Association of Counties (HSAC) Counties of Kaua'i, Maui, Hawaii, and City & County of Honolulu Website.- liaivaiicounlies,ory Email: hsav(d2haivaiiLLumLies.or�7 AxrxT'rTrrUQ HSAC GENERAL MEMBERSHIP MEETING THURSDAY, DULY 18 2024 (RESCHEDULED TO AUG 2,2024) 1200 P.M., or soon thereafter Via Videoconference Zoom fink Meeting ID: 852 5694 9849 Passcode: 157819 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 Kaua'i 4396 Rice Street, Suite 209, Lihu'e, Kaua'i, Hawaii 96766 County of Maui 200 S. High Street, Wailuku, Maui, Hawaii 96793 Attendees: Nahelani Parsons, Treasurer Tommy Waters, VP Tamara Paltin, Secretary Bernard Carvalho, Jr., President Heather Kimball, Chair Mel Rapozo, Kasie Takayama, Kyle Shiroma, Kamakana Watanabe, CM Shane Sinenci, Kaci Tsuneda, Olivia Torres, Megan Moniz, Kasie Takayama. 1. CALL TO ORDER 2. APPROVAL OF AGENDA No changes, approved. 3. MINUTES a. June 13, 2024 Executive committee meeting. No changes in minutes, approved. 4. REPORTS a. Treasurer's Report See report and end of fiscal year report. Balance in the primary HSAC account: $155,195.28 Balance in the HSAC conference account: $76,439.17 Total deposit in account balances: $231, 634.45 Motion to accept report for audit. Approved. b. County Reports: i. County of Hawaii CM Kimball: working on ADU and STVR codes. Our STVR legislation is primarily just going to be a registration process of existing STVR's and a removal of illegal Std. Agricultural tax programs are getting flack, communication around complex and controversial bills would be beneficial. ii. County of Kaua` i CM Carvalho: Trip to NACO was positive. Written report was submitted. iii. County of Maui CMPaltin: Emailed written report for July. Starting to build some of our 1st modulars on site at Kalaeloa - the State's interim housing build on HDFC lands. FEMA has 169 in construction in West Maui. TEh state will have 450 at the end of their buildout. They just opened Honoapiilani highway straight through and there still is debris removal going on. The county was not able to take possession of the central Maui landfill lot. We've adopted our new special management area and shoreline rules which go into effect August 25, 2024. We are planning a bunch of memorial or commemoration activities, starting on the 8th through the 11 th. A bunch of heavy bills coming down regarding Bill 103, 104, 105. Potential for an upcoming meeting to be held in Maui to tour new modules. Aug 2, 2024, HSAC ]Executive Committee Meeting Minutes Page 1 3 2A$,, � 3 r OF COUMZ�y iv. City and County of Honolulu CM Waters: Yesterday I introduced 3 bills dealing with housing. One of them is similar to the Aina Kupuna dedication proposal for Maui. The second one is a long term lease dedication proposal. The 3rd is an empty home tax proposal. Ex: Vancouver was able to raise 103 million from an empty homes tax in 2023. CM Kimball: We have Bill 174 which might be of interest to you. Basically, if people are doing long term rentals on their primary residence property, they kick into another tax class. That way we let them stay in the homeowners tax class and get them all of those benefits as another way to encourage long term rentals. Treasurer Waters: Bill 48 htt2s://hnldoc.ehawcaii.gov/hnldoc/document-download?id=-22045 Resources shared from CMKimball: Lincoln Institute Report httos://zthero.hawaii.edu/wo-content/ut)loads/2024/0S/HawaiiHousinzF'actbook2024.Scf UHERO Report httos://aDo.lincolninst.edu/sites/de ault/f`ile.Y/P`TAAG_Full 2024. d Why Not Just Tax Them? A Middle Ground on Addressing Short -Term Rentals https -//uhero. hawaii. edu/why-not-i u.st-tax-them-a-middle-ground-on-addressing-short-term-renta IS/ Motion to accept county reports. Approved. c. NACo Report CM Waters: Good representation of HSAC in Tampa, Florida. New President - Dunlap. NACo wants to reserve S rooms for the conference. December symposium of the large urban caucus and rural action caucus, December 4th through 7th. d. WIR Report Shane Sinenci: Board of Directors met at the Naco on Saturday, June 13, where we did receive a presentation from the Wildland Fire Leadership Council who presented their cohesive strategy goals and outlook and wanting some input from the Board of Directors. We are hosting 2026 on Maui. Department of defense to present on their biosecurity procedures around rhinoceros beetles. e. Executive Director Report Aug 2, 2024, HSAC Executive Committee Meeting Minutes Page 1 4 �laStPTEASr��'� a s �FCOUNt�� Nahelani Parsons: The written report is included. Still pending some W9's from Kauai conference HSAC vendors. Will start Hawaii County Conference W9's in October - please send before. Signature card updates - done, thank you. If you want to meet with the REPI people let me know and HSAC will help coordinate. State Association update - there is a lot of conversation around drafting bills to amend the State budget in their state, so that unspent funding can be directed to speck county programs. Other State associations are finding wherever money has been, either Federal funds that have come down or other funds that have come down, and if it's not spent according to the timeline and timef ame then the carryover can immediately go into a county program. f. Legislative Report Nahelani Parsons: I have been meeting with other counties to discuss some of the reasons the bills weren't successful previously, or new bills that they have ideas with. Examples: Maui is looking into the retirement for police officers; Hawaii County discussion about midwife licensure. It would be great to .see your bills going through your County Council Committee at this stage and getting ready to send them to HSAC in September CMPaltin:A former legislative attorney proposed the idea of getting sponsors to introduce bills or try other strategies to get the HSAC package to get traction. Nahelani Parsons: Yes, good to duplicate our measures. We also have a priorities list. Great idea. CM Kimball: Also part of our objective should be to build the HSAC brand to have more significance. CM Carvalho: Would be nice if all of us together go and meet the senators, go and visit face to face and just really bring to the forefront of critical areas as all of us together. CM Kimball: Will set dates in November to do that. Maybe our legislative consultant here could maybe identify some caucus meetings that might make sense for us to try to infiltrate. Nahelani Parsons: 1 will reach out with some of our friends over there. CM Waters: What if we hosted a lunch for all former Council members who are now in the legislature as they can relate to what we're going through. See if they can help us advocate for these issues. Also less expensive than the whole legislature. Motion to accept the reports. Approved. 5. UNFINISHED BUSINESS Aug 2, 2024,HSAC o e a Meeting n" i, Page a. 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. CM Carvalho: Kauai working on this, still in draft format. b. WIR conference Maui 2026. STATE ASgo 3�a c4^ s �R COUNTS Discussion on passing a resolution chair. Having WIR 2026 and HSAC 2025 conferences together would put them in the same fiscal year For Maui it comes down to spending money on conferences or fire recovery within the same year. Talk about putting conferences back to back. CM Kimball: I propose keeping WIR and HASC in separate fiscal years. Hawaii County to hold 25126 HSAC (looking into Hapuna). Maui will host 26127 HSAC. Kasie Takayama: In addition to that, we'll say that we commit to following the bylaw requirements of that time. I think that piece is kind of important. If you want to make sure we're doing the fundraising component. Nahe to add fundraising piece into bylaws. HSAC conference: Can we reach outfor sponsors on neighbor islands. We have 75 attendees, we need 200. Nahe will send out info to get to potential .sponsors. 6. NEW BUSINESS a. Receipt of the Form 990 tax filing for HSAC for fiscal year 07/01/2023 - 06/30/2023. Nahelani Parsons: Gave a review of the Form 990 including reference to our nonprofit status which means that more than 1/3rd of our income has to be from membership fees. We also have that restriction that less than 20% can be spent on lobbying. Motion is approved for Form 990. 7. ANNOUNCEMENTS a. Scheduling of the next Executive Committee meeting. -August meeting: August 22, 2024. 12 noon - 1: 30 pm. -September meeting: September 20. 12 noon-1:30 pm. -Wednesday November 14 on Maui. Location - Lahaina Recovery center including site visits with the modular spaces. -October 21st meeting: noon- I.-30pm via zoom. 8. ADJOURNMENT Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii, and City & County of Honolulu Website: hawaiicouniies.orgg Email: hscrc(a),hawaiicF�rar�ties.ar MINUTES HSAC GENERAL MEMBERSHIP MEETING THURSDAY, AUGUST 22 2024 1200 P.M., or soon thereafter Via Videoconference Zoom link Meeting ID: 849 1612 7461 Passcode: 392907 City and County of Honolulu 530 South King Street, Room 202, Honolulu, Hawaii 96813 County of Hawaii 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: ED Nahelani Parsons, Treasurer Tommy Waters, VP Tamara Paltin, Secretary Bernard Carvalho, Jr, President Heather Kimball, CM Mel Rapozo, Alison Okasaki, Clarissa MacDonald, CM Bill DeCosta, David Raatz, CM Felicia Cowden, Lisa Watanabe, CM Kipukai Kualii, Kasie Takayama, Kyle Shiroma, Kamakana Watanabe, Kaci Tsuneda, Olivia Torres, Megan Moniz, Kasie Takayama, Dorthi Botelho-Kaili. Meeting called to order(7a 12: 03pm y.�pT2 AS,gO z 2. APPROVAL OF AGENDA No amendments, approved. 3. MINUTES No minutes to approve. a. Treasurer's Report As of July 31, 2024 • The balance in the primary HSAC account: $106, 647.41 • The balance in the HSAC conference account: $123, 840.77 • Total deposit account balances: $230, 488.18 As of August 22, 2024 • The balance in the HSAC conference account: $148, 733.00 Motion to accept report for audit. Approved. b. County Reports: i. County of Hawaii CM Kimball: Written report emailed out this am. Additionally we have a major public relations crisis going on about some amendments we made to our real property tax law. I'd like to just propose for a future discussion that we talk a little bit about community outreach over controversial issues, and how we can do that collectively in a better way. CM Waters: What we've done, or we requested of our Budget and Fiscal Services Department when they send out these notices is to actually utilize that opportunity and that envelope with the stamp already on it to include in there a note explaining what the difference is, and why it is the way it is and they've been so much compliant when it comes to that. H. County of Kaua` i CM Carvalho: We have several bills that are .submitted in our written report. We have been working very diligently to address property tax. We purchased property to make a historical site as well. CM Kimball: Maybe we contract out our community outreach like we contract our lobbying and ED services. August 22, 2024, HSAC Executive Committee Meeting Minutes Page 13 nS�hSPSE As, ,C,� ORGOUNI�E� iii. County of Maui CM Paltin: Emailed written report. Passed resolution about splitting up the fiscal year for WIR and HSAC. Passed through our HSAC package as well. Considering an arson squad to deal with the widespread fires happening. General community pointing fingers to the homeless community about fires. Maui is social media engaged with Wednesday evening meetings for those not engaged on social media. Each council member updates their folks regularly. Not too much feedback unless we move too fast. There is a list is phasing out non conforming uses in apartment zone properties. I support a legal phase out, other jurisdictions have taken a 3-5 year phase out. It doesn't mean we can't pursue change in zonings for apartment zone properties in what is considered to be resort areas. So if people are concerned about the economic impact, we can lessen the blow in that way. I'd be more apt to change the zoning for apts along the shoreline. It's kind of a compromise, and sometimes you make nobody happy, or sometimes you make some people happy. iv. City and County of Honolulu CM Waters: (1)I introduced the empty homes tax. The idea is that if you keep your home empty the 1st year we're going to tax you at I %, second year at 2%, 3rd year at 3% and so on but with exemptions for caregivers, military deployment, ect. The real idea is to just try to get at the outside investors who are coming here and parking their money because our property taxes are amongst the lowest in the country. (2)Another point I wanted to make is how when all 4 counties are on the same page on various issues. It's almost like passing a State law. So to the extent that we can all work together to figure out common issues that we all agree on and get it done. That would be great. (3) The county of Honolulu is transferring 10 acres of land in Kailua to DHHL to build affordable housing. The counties have an obligation to the Hawaiian community as an agency of the state. So I gotta thank Esther Kiaaina for leading the charge on that. CM Carvalho: we're going through the same process of working with DHHL Hawaiian homes. There's a big big movement happening here on Kauai working with farms and council members. CM Kimball: I like having sort of a united front on some key issues that affect all of us. I think that's I of the fundamental purposes of HSAC. So we're definitely interested in something state level or that happens across all counties on vacant properties, that is really huge for us. Right now we are looking at how we treat investment properties differently from people that own homes as their primary residence and use part of it as an STVR and we're trying to constitutionally look at how we can separate those and treat those differently. How do you do that without frustrating the commerce clause and you know the association between states and whatnot. I think there's a broader discussion to have there about how we implement some of these things at the statewide level. Motion to accept county reports. Approved. c. NACo Report August 22, 2024, HSAC Executive Committee Meeting Minutes Page 1 4 S<►T1AS,0 SRC UNT�e CM Waters: The joint board of directors for the large urban caucus as well as the rural action caucus symposium is in Sonoma County, California, December 4th through 7th. The Legislative Conference this year in Washington, DC. For 2025 is March 1st-4th, 2025. Kipukai Kualii: With all of those 3 different NACo events happening all at the same time, it's a really good opportunity for us to get as much people from Hawaii to go as possible. Maybe some of our council members who have not' participated yet to see what a value NACo is. At our last annual conference we sang the Hawaiian Doxology. I was very proud of all of Hawaii's folks, of everyone that was there, and of the presence and the impressions that we've made on the entire nation. d. WIR Report No updates. e. Executive Director Report Nahelani Parsons: The directors and officers insurance for the conference is coming up for renewal. I'll make sure that we pay it so that it covers the conference, because that's the most valuable part of having it. We've also completed the signature cards. I met with President Kimball to review the legislative proposals for Hawaii County. We've been working on trying to get language together, getting legislators behind them and figuring out which ones can be put forward for the HSAC legislative package. We are making a lot of progress on the HSAC conference. We are still following upon the documents for the bylaws: the conflict resolution, whistleblower policy, and retention destruction. f. Legislative Report Nahelani Parsons: Just a reminder that by the end of September your county has to have had their package reviewed by your full council and submitted the final approved one to HSAC. When we meet in October we're going to go over each individual measure and come out of the meeting with the exact HSAC package. 1 am here to support you on legislative ideas that need support or research or hrs talking to legislatures or stakeholders, so please reach out if you need anything. Otherwise, please get your package through your own County Council before September 30th Motion to accept the reports. Approved. 5. UNFINISHED BUSINESS a. Review and approval of the following documents from Carbonaro CPAs & Management Group: August 22, 2024, HSAC Executive Committee Meeting Minutes Page 1 5 i. Conflict of interest policy. ii. Whistleblower policy. iii. Document retention and destruction policy. 6. NEW BUSINESS a. Maui County Resolution No. 24-132, EXTENDING CONDOLENCES TO THE FAMILY AND FRIENDS OF THE LATE FORMER COUNCIL CHAIR GLADYS COELHO BALSA, which was adopted on July 19,2024. b. Maui County Resolution No. 24-139, AFFIRMING THE MAUI COUNTY COUNCIL'S COMMITMENT TO HOST THE 2026 HAWAI'l STATE ASSOCIATION OF COUNTIES' ANNUAL CONFERENCE, which was adopted on August 13, 2024. Motion to accept resolution No. 24-132 and 24-139. Approved c. Discuss and approve the appointments to the NACo and WIR Board of Directors for the 2023-2024 term. i. NACo Board of Directors 1. KipuKai Kuali'i, Kaua'i County Council 2. Tommy Waters, Honolulu City Council 3. Sue Lee Loy, Hawaii County Council ii. WIR Board of Directors 1. Shane Sinenci, Maui County Council 2. Sue Lee Loy, Hawaii County Council (Amended agenda: Michelle Galimba, Hawai'i County Council) CMKimball.- To replace Sue Lee Loy with Michelle Galimba on WIR Board of Directors. Maybe we can ask any of our legal counsel services what the appropriate motion is here to approve the board of directors. August 22, 2024, HSAC Executive Committee Meeting Minutes Page 1 6 �aSSPSEA$ !` a CM Kimball: Motion to approve Naco board of directors listed here in 6i and WIR board of directors listed in 6ii with the replacement of Michelle Galimba for Sue Lee Loy. Motion approved. d. Requesting bank transfer from the HSAC conference account to the HSAC general account for the reimbursement of conference related expenses that were issued from the general account. i. $48,298.41 for Kahala hotel payment. ii. $245.05 for HSAC merchandise order. Nahelani Parsons: We approved funds to transfer from the main account to the general in an earlier agenda. Then, when the reimbursement checks were written, they were written using a check that had the general account number on it. So it came out of the general account. So now we are moving the funds back to the general account for the reimbursement of the deposit that was paid for the Kahala hotel. Motion to approve bank transfer approved. 1►��►`I►`[�111►`[M Old 1 Do" IG CMPaltin: Conversing with Hapuna Hotel next week about 2025 HSAC. Nahelani Parsons: HSAC Conference: Number of registered today is 209. We cap at 300. Maybe only 10 rooms left. Register and book if you haven't. Last extension on conference rates. NACo rooms are down from 5 to 2 rooms. CM Waters: Final Conference schedule can be out this week. Focused on housing. 4 Huikai's: 1) "Tour de trash " we will take folks out and and see how Honolulu actually responses of the trash, 2) Cordero is gonna do a Huakai taking folks on the skyline rail 3) CM TDST would be taking folks downtown to look what we're doing with our commercial buildings transforming them into livable residential units. 4) I'm hosting one at the zoo. Breakout session: "The good, the bad, the ugly. " Esther wants to do a panel on Federal Funding for the counties. Walter Dodds is a keynote speaker I think we need 18 more golf teams, please reach out if you can. Final push for sponsors if can. Nahelani Parsons: Still exhibit table options. August 22, 2024, HSAC Executive Committee Meeting Minutes Page 1 7 E"SS so OpCOU CMPaltin: The next Executive Committee meeting is September 20, 2024 at the conference. 8. ADJOURNMENT COUNTY COUNCIL Mel Rapozo, Chair KipuKai Kuali`i, Vice Chair Addison Bulosan Bernard P. Carvalho, Jr. Felicia Cowden Bill DeCosta Ross Kagawa Council Services Division 4396 Rice Street, Suite 209 Llu`e, Kauai, Hawaii 96766 August 14, 2024 OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Lyndon M. Yoshioka, Deputy County Clerk Telephone: (808) 241-4188 Facsimile: (808) 241-6349 Email: cokcouncil@kauai.gov 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 AUGUST 22, 2024 HSAC EXECUTIVE COMMITTEE MEETING The Kauai 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: 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 received for the record at the August 14, 2024 Council Meeting. Approved Bill No. 2923 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2024-896 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA`I, STATE OF HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND o This Bill proposes to appropriate $165,000.00 in funds from the Equity / Fund Balance account to the Public Access, Open Space, Natural Resources Preservation Fund toward the acquisition of two (2) parcels of vacant land on property in Hanap6p6, Kauai, Hawaii, further identified as TMK: (4) 1-8-008:065 and TMK: (4) 1-8-008.071, which are of significant historical and cultural importance to the Filipino and Hanap6p6 communities, and labor and plantation history. o This Bill was adopted on second and final reading on July 31, 2024, was signed by the Mayor on August 1, 2024, and now has the effect as Ordinance No. B-2024-898. AN EQUAL OPPORTUNITY EMPLOYER Heather Kimball, HSAC President and Members of the Executive Committee RE: Kauai County Report for the August 22, 2024 HSAC Executive Committee Meeting August 14, 2024 Page 2 • Approved Bill No. 2924 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2024-897 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA`I, STATE OF HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND—CIP o This Bill proposes to appropriate $165,000.00 in funds from the Public Access, Open Space, Natural Resources Preservation Fund and $1,279,000.00 from the Kaumumene Coastal Access account, for a total amount of $1,444,000.00, to acquire two (2) parcels of vacant land on property in Hanap6p6, Kauai, Hawaii, further identified as TMK: (4) 1-8-008:065 and TMK: (4) 1-8-008:071. o This Bill was adopted on second and final reading on July 31, 2024, was signed by the Mayor on August 1, 2024, and now has the effect as Ordinance No. B-2024-899. • Discussed Proposed Draft Bill (No. 2925) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUXI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Residential Leases of State -Owned Property) o This Bill proposes to amend Chapter 5A, Kaua`i County Code 1987, as amended, for the purpose of allowing lessees of a state-owned property used for residential purposes to qualify for a beneficial tax rate and the assessment cap. o This Bill has a public hearing scheduled for August 28, 2024 and will be referred to the September 4, 2024 Committee of the Whole Meeting. Discussed Proposed Draft Bill (No. 2926) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, KAUXI COUNTY CODE 1987, AS AMENDED, RELATING TO THE BUILDING CODE o This Bill proposes to: (1) Repeal (pages 1-97) the existing Chapter 12, Kaua`i County Code 1987, as amended (Building Code) and formally adopt (pages 98-262) (along with "local amendments") the updated: (a) International Building Code, 2018 Edition, (b) International Residential Code for One- and Two -Family Dwellings, 2018 Edition, (c) International Existing Building Code, 2018 Edition, and (d) International Energy Conservation Code, 2018 Edition; and (2) Relocate administrative -type provisions to a separate and designated section of the Building Code that would apply generally to any construction -related reference to Chapter 12, Kauai County Code 1987, as amended, and supersede and survive any County adoption deadlines relating to various code effective dates pursuant to action of the State Building Code Council. o This Bill has a public hearing scheduled for August 28, 2024 and will be referred to the September 4, 2024 Public Works & Veterans Services Committee Meeting. Heather Kimball, HSAC President and Members of the Executive Committee RE: Kauai County Report for the August 22, 2024 HSAC Executive Committee Meeting August 14, 2024 Page 3 Discussed Proposed Draft Bill (No. 2927) — A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF KAUA`I FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED o This Bill proposes to authorize the issuance, sale, and delivery of general obligation refunding bonds for the purpose of refunding all or a portion of the outstanding Prior Obligations (the County's previously -issued $120,000,000 in aggregate principal amount of its Taxable General Obligation Bonds, Series 2010A) to achieve debt service savings and other benefits for the County in the management of its debt obligations. As a result of federal sequestration, there has been a material adverse change to Section 54AA and Section 140OU-2 of the Internal Revenue Code of 1986, reducing the interest subsidy payments for the Prior Obligations that the County has received, and expects to receive, from the United States Treasury. The proposed refunding would be accomplished through a new issuance of tax-exempt General Obligation Bonds to redeem all or a portion of the outstanding 2010A Bonds. Based on current market conditions, such a refunding would enable the County to achieve debt service savings in comparison to the 2010A Bonds and protect against the potential risk of future increases in federal sequestration. o This Bill has a public hearing scheduled for August 28, 2024 and will be referred to the September 4, 2024 Committee of the Whole Meeting. Discussed Proposed Draft Bill (No. 2930) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2024-896, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA`I, STATE OF HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Additional Costs For Fiscal Year 2023 ACFR — $70, 000.00) o This Bill proposes to provide funding to cover $70,000.00 of additional costs associated with the external auditor's work to complete the County's Annual Comprehensive Financial Report for Fiscal Year 2023. o This Bill has a public hearing scheduled for September 11, 2024 and will be referred to the September 25, 2024 Committee of the Whole Meeting. Heather Kimball, HSAC President and Members of the Executive Committee RE: Kaua'i County Report for the August 22, 2024 HSAC Executive Committee Meeting August 14, 2024 Page 4 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:dme 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@hawailcounty.gov) Dorthi "Dot" Botelho-Kaili, District 1 Office Staff (Via Email Only: Dorthi.Botelho-Kaili@hawaiicounty.gov) August 22, 2024 HSAC EC Agenda COUNTY COUNCIL Mel Rapozo, Chair KipuKai Kuali`i, Vice Chair Addison Bulosan Bernard P. Carvalho, Jr. Felicia Cowden Bill DeCosta Ross Kagawa Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 September 12, 2024 OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Lyndon M. Yoshioka, Deputy County Clerk Telephone: (808) 241-4188 Facsimile: (808) 241-6349 Email: cokcouncii@kauai.gov 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 SEPTEMBER 20, 2024 HSAC EXECUTIVE COMMITTEE MEETING The Kauai 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: • Proposed Draft Bill (No. 2919) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUXI COUNTY CODE 1987, AS .AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE, INCLUDING MATTERS PERTAINING TO GUEST HOUSES o This Bill was previously referred to the Planning Commission on March 27, 2024, and was received for the record at the September 11, 2024 Council Meeting. • Bill No. 2925 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUXI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Residential Leases of State -Owned Property) o This Bill proposes to amend Chapter 5A, Kaua`i County Code 1987, as amended, for the purpose of allowing lessees of a state-owned property used for residential purposes to qualify for a beneficial tax rate and the assessment cap. o This Bill was approved on second and final reading at the September 11, 2024 Council Meeting, and sent to the Mayor for his approval. AN EQUAL OPPORTUNITY EMPLOYER Heather Kimball, HSAC President and Members of the Executive Committee RE: Kauai County Report for the September 20, 2024 HSAC Executive Committee Meeting September 12, 2024 Page 2 Bill No. 2926 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO THE BUILDING CODE o This Bill proposes to: (1) Repeal (pages 1-97) the existing Chapter 12, Kauai County Code 1987, as amended (Building Code) and formally adopt (pages 98-262) (along with "local amendments") the updated: (a) International Building Code, 2018 Edition, (b) International Residential Code for One- and Two -Family Dwellings, 2018 Edition, (c) International Existing Building Code, 2018 Edition, and (d) International Energy Conservation Code, 2018 Edition; and (2) Relocate administrative -type provisions to a separate and designated section of the Building Code that would apply generally to any construction -related reference to Chapter 12, Kauai County Code 1987, as amended, and supersede and survive any County adoption deadlines relating to various code effective dates pursuant to action of the State Building Code Council. o This Bill was deferred to the October 2, 2024 at the Public Works & Veterans Services Committee Meeting on September 4, 2024. Bill No. 2927 — A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF KAUA`I FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED o This Bill proposes to authorize the issuance, sale, and delivery of general obligation refunding bonds for the purpose of refunding all or a portion of the outstanding Prior Obligations (the County's previously -issued $120,000,000 in aggregate principal amount of its Taxable General Obligation Bonds, Series 2010A) to achieve debt service savings and other benefits for the County in the management of its debt obligations. As a result of federal sequestration, there has been a material adverse change to Section 54AA and Section 140OU-2 of the Internal Revenue Code of 1986, reducing the interest subsidy payments for the Prior Obligations that the County has received, and expects to receive, from the United States Treasury. The proposed refunding would be accomplished through a new issuance of tax-exempt General Obligation Bonds to redeem all or a portion of the outstanding 2010A Bonds. Based on current market conditions, such a refunding would enable the County to achieve debt service savings in comparison to the 2010A Bonds and protect against the potential risk of future increases in federal sequestration. o This Bill was approved on second and final reading at the September 11, 2024 Council Meeting, and sent to the Mayor for his approval. Heather Kimball, HSAC President and Members of the Executive Committee RE: Kauai County Report for the September 20, 2024 HSAC Executive Committee Meeting September 12, 2024 Page 3 Bill No. 2930 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2024-896, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUXI, STATE OF HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Additional Costs For Fiscal Year 2023 ACFR — $70, 000.00) o This Bill proposes to provide funding to cover $70,000.00 of additional costs associated with the external auditor's work to complete the County's Annual Comprehensive Financial Report for Fiscal Year 2023. o This Bill had a public hearing on for September 11, 2024 and will be referred to the October 2, 2024 Committee of the Whole. • Proposed Draft Bill (No. 2933) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE, INCLUDING MATTERS PERTAINING TO GUEST HOUSES (Kaua i County Council, Applicant) (ZA-2024-3 — Planning Commission Recommendation) o This Bill proposes to expand the permissiveness of guest houses in zoning districts Residential R-1 to R-6 and R-10 to R-20, CN (Neighborhood Commercial), CG (General Commercial), AG (Agriculture), O (Open), and UNV (University), and make other technical edits. o This Bill has a public hearing scheduled for October 9, 2024 and will be referred to the October 16, 2024 Planning Committee Meeting. Should you need a copy or have any questions regarding the above -referenced bills, 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, Kauai County Council AAO:dmc 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) September 20, 2024 HSAC EC Agenda Maui County HSAC Report August 22, 2024 • COMMUNICATIONS / RESOLUTIONS / BILLS o Resolutions 24-127 & 24-121: Approving for Inclusion in the 2025 Hawaii State Association of Counties Legislative Package a State Bill Relating to Statewide Composting ■ The purpose of the proposed State bill is to encourage the production of compost by (1) requiring the State Department of Health to adopt or amend rules to establish a classification system for composting facilities or operations for the purpose of regulating them for health purposes; and (2) allowing composting and co -composting in the Agricultural district, including on lands with class A or B soils. o Resolutions 24-130 & 24-131: Approving for Inclusion in the 2025 Hawaii State Association of Counties Legislative Package a State Bill Relating to the Commission on Water Resource Management ■ The purposes of the proposed State bill are to: (1) Define the public trust purposes of the Commission on Water Resource Management and require the Commission, in acting upon water use permit applications, to prioritize applications for public trust purposes; (2) Allow the Commission to retain independent legal counsel; (3) Repeal the position of Deputy to the Chairperson of the Commission and establish the position of Executive Director of the Commission; (4) Amend the composition of the Commission and administratively attach it to the Department of Land and Natural Resources; (5) Authorize entities to challenge an emergency order of the Commission under certain conditions; (6) Establish fines for certain water use offenses; and (7) Amend the Commission's authority to declare water emergencies and issue orders to Maui County HSAC Report August 22, 2024 address them and declare water shortages and related notice requirements. o Resolutions 24-134 & 24-135: Approving for the Inclusion in the 2025 Hawaii State Association of Counties Legislative Package a State Bill Relating to a Deferred Retirement Option Program for Police ■ The purpose of the proposed State bill is to establish a deferred retirement option program for Police and to provide a retention tool for county police departments to incentivize qualified officers who are eligible for retirement to continue working. o Bill 126 (2024): A Bill for an Ordinance Establishing Chapter 10.79, Maui County Code, Relating to Electric Vehicle Infrastructure ■ Purpose is to facilitate the use of electric vehicles, including the enforcement of section 291-71, Hawai`i Revised Statutes. 10.79.020 Definitions. o Bill 127 (2024): A Bill for an Ordinance to Implement Charter Section 13-17 Requiring the County to Operate as a Bilingual Government and to Publish Official Meeting Agendas in English and `Olelo Hawaii ■ Purpose is to implement the Charter amendment designated as Charter Commission Proposal 2, approved by the electorate at the 2022 General Election, to affirm that the County will operate as a bilingual government by amending Title 2, Maui County Code. • FUTURE RESOLUTIONS o Resolution 24-143: Referring to the Lanai, Maui, and Molokai Planning Commissions a Proposed Bill Amending Section Maui County HSAC Report August 22, 2024 19.35.050, Maui County Code, Relating to the Number of Accessory Dwellings per Lot ■ No more than two accessory dwellings permitted on any lot o Resolution 24-154: Urging the Administration to Consider Creating an Arson and Fire Hazard Reduction Unit with the County of Maui ■ Proposal that monies received from fees, penalties, fines, and proceeds arising from an Arson and Fire Hazard Reduction Unit could be placed in a new revolving fund ■ Proposal also includes that Arson and Fire Hazard Reduction Unit could also be tasked with a variety of fire hazard reduction methods, such as vegetation management