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HomeMy WebLinkAboutCOM 0820.000 2000-2002 Hawaii State Association Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu OOYb1tii,~'y_~}O November 15, 2002 MEMORANDUM TO: James Y. Arakaki. Chair, and Cou``ncil embe FROM: J. Curtis Tyler, III, HSAC Preside r4t' SUBY CT ('ouncil Adoption of the Proposed 20 H C Legislati e Package At its meeting of October 11, 2002 in Honolulu, the Executive Committee of the Hawaii State Association of Counties (HSAC) approved the adoption of two bills to comprise the 2003 HSAC Legislative Package and to send these t,,,..< measures to the respective councils for their approval. These two measures are as follows: (1) A bill to amend Chapter 46, Hawaf i Revised Statutes, to limit the counties' liability from tort liability arising from skate park activities or ourty-owned or -controlled properties; and (2) A bill to amend Sections 520-1 and 520-2, Hawaii Revise Si<itut s, to extend to the counties the limitation of liability currently afforded to nbivat s <,< tiers who make their land and water areas available to the public for recreational activi~:' . Attached for your review, please find copies of these bills with accompanying summaries and position statements. For additional reference, please find a copy of the minutes of the 2003 HSAC Executive Committee meeting. These measures enjoy broad support among the other three HSAC member counties adopted, would lessen Hawaii County's liability from feckless lawsuits and would 3> recreational opportunities for youth, especially, and would enhance development s improvements and infrastructure for greater numbers of people, including visitors. 0! ° 1 1,:~ r~; on s, I commend the 2003 HSAC Legislative Package for your favorable consideration art , I wish to thank Chairman Arakaki for allowing this agenda item to be placed on our Dc : <?lbcr 2, 2002 Council agenda in order that our Council may take action on this matter prior to th,~! December 9`h meetings of the HSAC Executive Committee and HSAC General Membership Meeting for final adoption of the HSAC Legislative Package. Recommended Action: Motion to approve the 2003 HSAC Legislative Package as proposed by the HSAC Executive Committee on October 11, 2002. Comm. Nos JCT/rf Attachments File No. Ref. To:,~ < 5. Ref. 13at~ ••i4 Hawaii State Association Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu OUX1Y O v '!sue{. MINUTES ~e spa ~rs A HSAC EXECUTIVE COMMITTEE MEETING 4F \rr or H ~ / October 11, 2002 Council Committee Room City Hall Honolulu, Hawaii i 1. CALL TO ORDER The HSAC Executive Committee was called to order by President J. Curtis Tyler, 111, at 9:08 a.m. The following members comprised a quorum: County of Hawaii: President J. Curtis Tyler I I I County of Maui: Vice President Dain P. Kane Staff Richelle Kawasaki City and County of Honolulu Secretary Gary Okino Staff Andrew Sekine Staff Karen Scharfenstein Staff Charlotte Takasue County of Kauai Treasurer James Tokioka II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the September 13, 2002 Executive Committee meeting were approved as circulated. President Tyler commented that the minutes lack a "Minutes" heading. Ill. REPORTS OF THE TREASURER The Treasurer's Report for August 2002 was approved. IV. REPORTS OF COMMITTEES A. Executive Committee Reports There were no Executive Committee Reports. ism- 4 ir.os.'•Ti ~ ~\I Ct NF,I d' HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 2 B. County Reports Hawaii County's report of its approval of the 2003 HSAC Legislative Program Policy Statement was accepted. C. NACo Reports Secretary Okino indicated that he has not received confirmation of his appointment to the WIR board. Hb will follow up on this matter. President Tyler reported that he was not re-appointed to the NACo Board. However, he was re-appointed Vice Chair of the Sustainability Leadership Team. He is also Chair of the Water Quality Subcommittee and a member of the Environmental, Energy, and Land Use Committee. V. UNFINISHED BUSINESS A. Proposed Legislation for the HSAC 2003 Legislative Package Treasurer Tokioka asked staff members about the timetable for the HSAC legislative package. Honolulu staff Sekine responded that President Tyler had earlier distributed a timetable that adheres to the logistics of the legislative schedule. Generally, in October the Executive Committee sends legislative proposals to the counties for their approval in order for the General Membership to adopt the proposals in December. The Executive Committee moved the item to the end of the agenda B. Approval of 2003 HSAC Legislative Program Policy Statement. Hawaii County reported its approval of the statement. Kauai County reported that the statement was approved in committee. Maui County reported its approval of the statement. The City and County of Honolulu reported that it has not yet acted on the statement. The Executive Committee approved the 2003 HSAC Legislative Program Policy Statement subject to final approval by Maui County and the City and County of Honolulu. HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 3 VI. NEW BUSINESS A. NACo 2005 Conference Ms. Sandra Moreno and Ms. Zenaida McLin from the Hawaii Visitors & Convention Bureau (HVCB) were present to discuss the upcoming 2005 NACo conference to be held in Honolulu. Secretary Okino reported that former HSAC President Mansho worked with the HVCB to have Hawaii host the NACo conference in 2005. Secretary Okino distributed documents related to the hosting agreement and hosting requirements for the conference. Ms. Moreno reported that the total attendance is projected to be 5,100 with 16,200 room-nights. Hilton Hawaiian Village is selected as the headquarters hotel. Hosting requirements entail a $750,000 to $1,000,000 cost. Transportation comprises the biggest cost element. The host county has three options with respect to implementing the convention: (1) the host county will manage and coordinate all events, (2) NACo will provide some assistance in implementing the events, or (3) the host county will make a cash contribution to NACo and NACo will implement all events. The host county also has two option packages for the types of events. The "Column A" package items are much less expensive than those in "Column B." HVCB will take care of promotion for the year preceding the convention. President Tyler advised the HVCB representatives to contact NACo for information on the type of booth needed. Members suggested that HVCB provide promotion at the legislative conference and WIR conference in addition to the NACo conference preceding the 2005 conference. Ms. Moreno indicated that the host county is required to designate a liaison with NACo, be responsible for an opening general session special ceremony and provide transportation to and from social events. The cost for the latter is estimated to be $300,000 (for 5,000 persons). Secretary Okino reported that 6,000 persons attended the special event in Louisiana and that Hawaii may be expected to draw more attendees. President Tyler noted for the record the various documents that were distributed to the Executive Committee: HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 4 Letter from Sallee Pavlovich, HVCB, to HSAC President Rene Mansho, dated January 11, 2002, relating to the 2005 NACo conference, • Honolulu Council Resolution 98-320 Supporting the Hawaii Visitors and Convention Bureau's Bid to Have Hawaii Host the Year 2005 Annual Conference of the National Association of Counties, • Memorandum from HSAC President Rene Mansho to the NACo Executive Council and Board of Directors, dated May 3, 1999, relating to Hawaii's bid for the 2005 annual meeting, • Letter confirming Hawaii as the host of the 2005 NACo Annual Conference signed by Mr. Ed Fergusson and Mr. Syd Rivera, and • Document entitled "Section II Host County Participation." Secretary Okino reported that a meeting is scheduled with NACo executives to discuss the 2005 convention on the first day of the upcoming mid-year HSAC conference and invited the HSAC officers to attend. Vice President Kane noted that Hawaii County has raised issues with respect to the past WIR conference in Hawaii and that these issues need to be identified prior to meeting with the NACo executives. Vice President Kane indicated that, for example, there were problems regarding speakers and programming, which in turn affected the printing of programs, scheduling, etc. In addition, NACo was remiss in providing financial support. President Tyler directed the members.' attentions to Item 8 (Expenditures) of the document entitled "Section II, Host County Participation." President Tyler reported there was an expectation that NACo would provide more financial assistance for the WIR conference than the amount actually provided. President Tyler also noted that the financial requirements pertain to the host county, not HSAC. He indicated that the sister counties stand ready to assist Honolulu but there needs to be a realistic appraisal of financial requirements. Ms. Moreno reported that due to the recent passage of state legislation relating to the funding of the convention center, effective December 31 all marketing responsibilities will be transferred from HVCB to SMG, the operating entity for the Hawaii Convention Center, which means that HVCB will turn over all convention center accounts to SMG. HTA will HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 5 officially vote on the transfer on October 31. Ms. Moreno and Ms. McLin indicated that they would work with HSAC to prepare for the turn over. Secretary Okino indicated that he would like the Executive Committee to have a clear understanding of all host county requirements prior to the December meeting. Ms. Moreno and Ms. McLin suggested another meeting with HSAC prior to December. The Executive Committee asked Ms. Moreno and Ms. McLin to provide an estimate of all costs for the convention based on a projected attendance of 8,000. The HVCS representatives indicated that they will forward the cost estimates to the committee within a week. President Tyler asked the HVCS representatives if there are any other signed documents relating to the convention in addition to the documents presently before them. The HVCS representatives responded that the complete file is in Washington D.C. and they will that request that a copy of the complete file be sent to Honolulu. At 10:15 a.m. President Tyler called a recess. At 10:25 a.m. the meeting was reconvened B. Maintenance and Retention of HSAC Documents Vice President Kane reported that Maui County retains HSAC documents dating from 1989 that take up more than nine file drawers. Vice President Kane asked the HSAC officers if their counties also retain HSAC documents and, if so, what should be done with them? Vice President Kane noted that the HSAC bylaws, Section 9, state that the Secretary shall keep all records of all meetings of the corporation and the Executive Committee but are otherwise silent on the matter of document retention. If HSAC were to adhere strictly to this provision of the bylaws, then all documents must be transferred to the Secretary each time the position is changed, which would be burdensome to the incoming and outgoing secretaries. Vice President Kane suggested that as a first step in addressing this issue, the counties should take an inventory of HSAC documents they retain and provide a report at the next meeting, Essentially, HSAC would need to consider whether HSAC should adhere to the spirit of the sunshine law or adopt its own policy with respect to the documents. Vice President Kane indicated that in his opinion, HSAC should in any case retain certain documents for the sake of institutional memory and public information. HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 6 Vice President Kane suggested that as a start, HSAC may consider retaining agendas, official reports, and minutes. He also offered to provide a proposal to deal with this issue. President Tyler requested Vice President Kane to prepare a proposal to deal with HSAC's retention of records and the counties to take an inventory of their HSAC-related documents. C. Proposed Amendment to HSAC Policies Relating to HSAC Mid-Year Conferences Vice President Kane proposed that the HSAC Policies be amended to clarify that mid-year conferences are optional. At present, each county hosts a conference a minimum of every other year. This practice is burdensome to the host counties and consumes much staff time. Vice President Kane suggested that HSAC convene conferences annually so that each county would host a conference every four years instead of every two years. There is an expectation that the host county generate at least $5,000 to be returned to HSAC at the end of each conference. Some counties have experienced difficulty meeting this expectation. In addition, attendees may feel that having to attend two HSAC conferences each year is excessive and, consequently, it is becoming increasingly difficult to attract attendees for each conference. For example, to promote the past year-end conference Maui County sent out 1,000 flyers and packets to potential attendees, but only 150 persons attended, including staff and complementary attendees. Treasurer Tokioka noted that it has always been difficult to attract attendees for the mid-year conference because of conflicts with the holiday season. He stated that he would like to discuss the proposal with the members of the Kauai Council. President Tyler stated that he concurs with Vice President Kane's comments with respect to this matter. At 10:50 a.m. President Tyler called a recess. At 10:55 the meeting was reconvened. Vice President Kane moved that the HSAC Bylaws be amended to add language to Section 12 to provide that an additional mid-year meeting shall be optional. In addition, the language will incorporate items 1 and 2 HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 7 from the "Mid-Year Conference" section of the HSAC Policies. The "Mid- Year Conference" section of the HSAC Policies will be deleted. Treasurer Tokioka indicated that he prefers that a hard copy of the proposed amendment be provided and that he be allowed to consult with the Kauai Council prior to voting. Vice President Kane noted that the HSAC Bylaws, Section 24, states that the Bylaws may be amended by unanimous vote at any Executive Committee or General Membership meeting. Vice President Kane withdrew his motion and indicated that he intends to provide a hard copy of the proposed bylaws change at the next meeting for the purpose of making the pertinent motion. President Tyler noted that the HSAC Bylaws, Section 10, state that interim policies made by the Executive Committee must be approved at the following General Membership meeting. President Tyler requested Vice President Kane to provide the language for the proposed Bylaws amendment for circulation prior to the next Executive Committee meeting. Vice President Kane concurred. D. Reimbursement for Refreshments. President Tyler reported that Secretary Okino has been responsible for providing coffee and pastries for each Executive Committee meeting. President Tyler stated that he would like to order that all expenses incurred by a host county in providing refreshments be subject to reimbursement by the HSAC Treasurer. At 11:03 a.m. President Tyler called a recess. At 11:06 a.m. the meeting was reconvened. President Tyler repeated his proposal that expenses incurred by a host county in providing refreshments be subject to reimbursement by the HSAC Treasurer. President Tyler asked Treasurer Tokioka if this would pose a problem with respect to the current HSAC budget. Treasurer Tokioka responded that there is no problem. VII. COMMUNICATIONS A. President Tyler requested that each county furnish a black and white jpg file of its respective county seal to the Hawaii County Legislative Auditor's office via email attachment. HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 8 B. President Tyler reported that an updated and corrected copy of the HSAC Executive Committee "Contact/Mailing List" has been prepared for distribution. V. UNFINISHED BUSINESS (Continued) B. Proposed Legislation for the HSAC 2003 Legislative Package President Tyler noted that Secretary Okino has distributed Honolulu Council Resolution 02-292 supporting a policy under which all counties share in the cost of a lawsuit brought by a county against the state or other governmental entity that may benefit all counties. Secretary Okino indicated that the Honolulu council will consider the resolution and that the resolution is provided to the Executive Committee for its information. Vice President Kane moved that the Executive Committee consider adopting for the 2003 HSAC legislative package measures that would: (1) provide the counties immunity from tort liability arising from hazardous recreational activities on county-owned or --controlled properties, (2) provide the counties and county employees immunity from tort liability arising from hazardous activities in skate parks on county-owned or - controlled properties, and (3) extend to the counties the limitation of liability currently afforded to private landowners who make their land and water areas available to the public for recreational purposes. The issue addressed in Honolulu Council Resolution 02-292 will be considered separately from the legislative package. Honolulu staff Sekine reported that the Honolulu Council is considering the proposal relating to limiting county liability for hazardous activities in skate parks but not the proposal limiting county liability for general hazardous recreational activities in county properties. Secretary Okino explained that Honolulu Councilmember Cachola believes narrowing the scope of hazardous recreational activities to skate park activities would increase the chances that the measure may pass. Vice President Kane amended his previous motion by moving that the Executive Committee send out two measures to the respective councils for their approval legislative proposals to: (1) Provide the counties and county employees immunity from tort liability arising from hazardous activities in skate parks on county- owned or -controlled properties, and HSAC Executive Committee Minutes of the October 11, 2002 meeting Page 9 (2) Extend to the counties the limitation of liability currently afforded to private landowners who make their land and water areas available to the public for recreational purposes. The motion was unanimously approved. VIII. ANNOUNCEMENTS Vice President Kane requested Honolulu to email the bills and justification sheets for the 2003 HSAC Legislative Package in electronic format. President Tyler announced that the next meeting will be held on Friday, November 22, 2002, at Honolulu Hale. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 11:18 a.m. Very truly yours, t~Gk ARY INO Secret y Hawaii State Association of Counties SUMMARY LIMITED LIABILITY FOR COUNTIES: SKATE PARKS PROPOSAL: Amend Chapter 46, Hawai'i Revised Statutes ("HRS"), to limit the counties' liability from tort liability arising from skate park activities on county-owned or -controlled properties. PURPOSE: To limit the counties' liability from tort liability arising from skate park activities on county-owned or -controlled properties. JUSTIFICATION: To protect the counties' from liability arising from the public's participation in an inherently hazardous activity. To encourage the counties to develop more public recreational areas; and to allow the counties to focus on and expend monies on improvements and infrastructure that will benefit a greater number of people. ocs:proj:legis:031egis:package: skate_summary: rkk POSITION STATEMENT LIMITED LIABILITY FOR COUNTIES: SKATE PARKS The Maui County Council supports the amendment of Chapter 46, Hawaii Revised Statutes ("HRS"), by adding a new section that would provide the counties and county employees limited immunity from tort liability arising from skate park activities on county-owned or -controlled properties. The Maui County Council supports such legislation for the following reasons: (1) Due to the popularity of skating and skateboarding, the counties have developed public recreational facilities dedicated to skating and skateboarding. (2) Given the inherently hazardous nature of skating and skateboarding, serious injuries are likely to occur at skate parks. (3) If the counties take the appropriate measures to warn of known hazardous conditions and are not grossly negligent, they should be entitled to immunity from tort liability arising from skate park activities on county-owned or controlled properties. (4) Protecting the counties from liability will encourage the counties to develop more public recreational areas. (4) The counties will be able to focus on expanding and improving recreational areas rather than on using available funds for insurance, litigation expenses, and judgments. For these reasons, the 2003 Maui County Legislative Package includes a proposed bill to limit the counties' liability from tort liability arising from skate park activities on county-owned or -controlled properties. ocs:proj:legis:031egis: package: skate_position: rkk .B. NO. A BILL FOR AN ACT RELATING TO LIMITED LIABILITY FOR COUNTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 "§46- Counties' iiabil~itZ limited for hazardous 5 recreational activities in a skate 12ark. (a) For the 2urpooses 6 of this section: 7 "Hazardous recreational activity" means a recreational 8 activity which creates a substantial (as distinguished from a 9 minor, trivial, or insignificant) risk or injury and includes 10 skateboarding, inline skating, and roller hockey; and 11 "Skate park" means a facility that is within a count park 12 or other county-owned or -controlled property and that is 13 designated by the county for the recreational use of persons 14 using skateboards and roller skates, including inline roller 15 skates. 16 (b) Except as provided in subsection (c), neither a public 17 entity nor a public employee shall be liable for any damage or 18 injury to property or persons arising out of a hazardous MCC-02[l].doc Page 2 & 10, B. i\j 1 recreational activity to any person who participates in the 2 hazardous recreational activity in a skate park, including any 3 person who assists the participant, or to any spectator who knew 4 or reasonably should have known that the hazardous recreational 5 activity created a substantial risk of injury to themselves and 6 was voluntarily in the place of risk, or having the ability to 7 do so failed to leave. 8 (c) In a claim by a person against a county alleging 9 personal injury or death that occurred when the person was 10 participating in, assisting, or observing a hazardous 11 recreational activity in a skate park, the county shall be 12 liable only if the injury or death occurred as a direct result 13 of the county's: 14 (1) Failure to warn of a physically hazardous condition 15 when 16 (A) The county had actual knowledge of the physically 17 hazardous condition, sufficient time to warn 18 against the condition, and failed to do so; and 19 (B) The physically hazardous condition was not known 20 to the person and would have been known to a 21 reasonably prudent person participating, MCC-01 Wage 3 B. r4 0"10. 1 assisting, or observing the same hazardous 2 recreational activity; or 3 (2) Gross negligence, recklessness, or willful, wanton, or 4 deliberate conduct. 5 (d) Nothing in this section shall limit the liability of 6 an independent concessionaire, or any person or organization 7 other than the public entity or a public employee, whether or 8 not the concessionaire, person or organization has a contractual 9 relationship with the public entity to use the county-owned or 10 -controlled property, for injuries or damages suffered in any 11 case as a result of the operation of a hazardous recreational 12 activity at a skate park by the concessionaire, person, or 13 organization." 14 SECTION 2. This Act does not affect rights and duties that 15 matured, penalties that were incurred, and proceedings that were 16 initiated, before its effective date. 17 SECTION 3. New statutory material is underscored. 18 SECTION 4. This Act shall take effect upon its approval. 19 20 21 INTRODUCED BY: MCC-01 SUMMARY LANDOWNER'S LIABILITY PROPOSAL: Amend Sections 520-1 and 520-2, Hawaii Revised Statutes ("HRS"), to extend to the counties the limitation of liability currently afforded to private landowners who make their land and water areas available to the public for recreational purposes. PURPOSE: To limit the counties' liability for land and water areas available to the public for recreational purposes. JUSTIFICATION: To encourage the counties to develop more public recreational areas; to work in concert with landowners and developers to provide increased recreational opportunities for the public; and to allow the counties to focus on and expend monies on improvements and infrastructure that will benefit a greater number of people. ocs:proj: legis:031egis: package: landownerliability_summary:rkk POSITION STATEMENT LANDOWNER'S LIABILITY The Maui County Council supports the amendment of Sections 520-1 and 520-2, Hawaii Revised Statutes ("HRS"), by extending to the counties the limitation of liability currently afforded to private landowners who make their land and water areas available to the public for recreational purposes. The Maui County Council supports such legislation for the following reasons: (1) The existing law provides for limited liability for private landowners, but does not extend the same protection to the counties. (2) Limiting the liability of the counties for injuries occurring on county lands that are made available to the public for recreational purposes will encourage the counties to develop more public recreational areas. (3) The counties will be encouraged to work in concert with private landowners to provide increased recreational opportunities for the public. (4) The counties will be able to focus on expanding and improving recreational areas rather than on using available funds for insurance, litigation expenses, and judgments. For these reasons, the 2003 Maui County Legislative Package includes a proposed bill to limit the counties' liability for land and water areas available to the public for recreational purposes. ocs: proj: legis:031egis: package: landownerlia bility _position:rkk .B. NO. A BILL FOR AN AC RELATING TO LANDOWNER'S LIABILITY. RE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Sections 520-1 and 520-2, Hawaii Revised 2 Statutes, are amended to read as follows: 3 "§520-1 Purposes. The purpose of this chapter is to 4 encourage owners of land to make land and water areas available 5 to the public for recreational purposes by limiting their 6 liability toward persons entering thereon for such purposes and 7 to extend the same limitation of liability to the various 8 counties. 9 520-2 Definitions. As used in this chapter: 10 "Charge" means the admission price or fee asked in return 11 for invitation or permission to enter or go upon the land. 12 "House guest" means any person specifically invited by the 13 owner or a member of the owner's household to visit at the 14 owner's home whether for dinner, or to a party, for conversation 15 or any other similar purposes including for recreation, and 16 includes playmates of the owner's minor children. MCC-01 Page 2 . B. NO. 1 "Land" means land, roads, water, water courses, private 2 ways and buildings, structures, and machinery or equipment when 3 attached to realty, other than lands owned by the government. 4 "Owner" means the possessor of a fee interest, a tenant, 5 lessee, occupant, or person in control of the premises and 6 includes the various counties. 7 "Recreational purpose" includes but is not limited to any 8 of the following, or any combination thereof: hunting, fishing, 9 swimming, boating, camping, picnicking, hiking, pleasure 10 driving, nature study, water skiing, winter sports, and viewing 11 or enjoying historical, archaeological, scenic, or scientific 12 sites. 13 "Recreational user" means any person who is on or about the 14 premises that the owner of land either directly or indirectly 15 invites or permits, without charge, entry onto the property for 16 recreational purposes." 17 SECTION 2. New statutory material is underscored. 18 SECTION 3. This Act shall take effect upon its 19 approval. 20 21 INTRODUCED BY: MCC-01 ~a'• / ^ t'RI i Leningrad Elarionoff Hilo Tel: (808) 961-8225 Councilman Fax: (808) 961-8912 COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street November 19, 2001 Hilo, Hawaii 96720 MEMORANDUM TO: James Y. Arakaki and Council Members FROM: Leningrad Elarionoff, Chair Committee on Public Works and Intergovernmental Relations SUBJECT: Request to Waive 2003 Hawaii State Association of Counties (HSAC) Legislative Package to full Council (Comm. 820) At the request of Councilman J. Curtis Tyler, III, HSAC President and HSAC officer representing Hawaii County, I wish to request that the 2003 HSAC Legislative Package, as adopted by the HSAC Executive Committee at its meeting of October 11, 2002 be waived from my Committee on Public Works and Intergovernmental Relations for consideration and approval by the full Council at its next scheduled meeting on December 2, 2002. Pursuant to Section 1(g) of Rule 4 of the Procedure of the Council of the County of Hawaii, I request your support for waiver of this matter in order that our Council's action on the matter be moved for final adoption by HSAC's Executive Committee -and General Membership at upcoming December 9, 2002 meetings in Honolulu. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Public Works and Intergovernmental Relations for placement on its future agenda. Sincerely, 1. 41 Leningrad El ion f, Cha . Committee on Publi Works and Intergovernmental Relations e/Waive to.rc' : Disapproved/Date/Refer to PWIRC: Ara saki, Chair James Y. Arakaki, Chair aw i County Council Hawai"i County Council LE/rf Attachments DISTRICT 9 Kohala, Waimea, Waikoloa, Kawaihae