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HomeMy WebLinkAboutCOM 0941.000 2006-2008 w,e. 333 Kilauea Avenue, Second Floor BOB JACOBSON c Ben Franklin Building, I lilo, Ilawai`i 96720 Councilmember Mailing Address: 25 Aupuni Street, Suite 200 Chair, Environmental Management Committee ; Vice-Chair, Finance Committee Phone: (R08) 961-8263 Fax: (808) Vice-President Hawaii State Association of Counties •''k'd: 961-8912 E-Mail: bjacobson@co.hawaii.hi.us v HAWAII COUNTY COUNCIL County ofHawai`i c'? z x1 2 ; "T"! C)D January 18 2008 Pete Hoffmann, Chair = rv Hawaii County Council s Hilo, Hawaii 96720 Re: HSAC Meeting Report Aloha Pete, On January 16, 2008 I attended the monthly HSAC Executive Committee meeting with my legislative assistant Barbara Lively and my new Council Aide Liz Hultman-Sulfen. Others in attendance were: HSAC President Mel Ropozo; Kauai Council staff member Cyndi Ayonon; HSAC Treasurer Joseph Potanilla; Maui staff member Gayle Revels; HSAC Secretary Romy Cachola; Honolulu staff member Gavin Kennedy; Kauai Council Member Shaylene Iseri-Carvalho; Ralph Boyea Hawaii County's new Legislative Liaison and Maui's Legislative Liaison Dane Kane. Attached for your review is a copy of the agenda and meeting minutes from December's meeting. We were asked to submit a list of Hawaii County's Legislative Priorities at the next meeting in Honolulu on Feb. 25, 2008. Thank you for allowing me to continue to serve in this capacity. Mahalo, BJ/bl Att. Comm. No. 1 _ Ref. To: r~ Ref. Vote JAN 2 2 70f1g District 6 - Upper Puna, Ka `Q, and South Kona Hawaii County Is An Equal Opportunity Provider And Employer o T Hawaii State Association of Counties R q Counties of Kauai, Maui, Hawaii and City and County of Honolulu . , s• AGENDA HSAC EXECUTIVE COMMITTEE MEETING Wednesday, January 16, 2008 2:00 p.m. _ Council Chambers, 3'd floor (3E Honolulu Hale Honolulu, Hawaii 'pg JAN _9 19:27 I. CALL TO ORDER rll THE CC'-:t 11. MINUTES COUNTY pr Minutes of the December 28, 2007 Executive Committee Meeting, submitted by the HSAC Secretary. III. REPORTS A. Executive Committee Report 1. Report of official action taken at the December 28, 2007 Executive Committeee Meeting, approval of the amendment to the FY 2007-2008 Annual Operating Budget to transfer $500 from the auditing services appropriation to the miscellaneous appropriation under the HSAC executive committee expenditures. B. County Reports 1. Maui County Report. 2. Hawai'i County Report. 3. City and County of Honolulu Report. 4. Kaua'i County Report. C. National Association of Counties (NACo) Report. D. Western Interstate Region (WIR) Report. E. Hawaii Sister-State Commission F. Patsy Mink Commission G. Act 152, Session Laws of Hawaii Task Force 0 4 1 xn HSAC Executive Committee Agenda Page 2 IV. UNFINISHED BUSINESS A. 2008 HSAC Legislative Package Status Update. 1. A Bill for an Act Relating to Public Land Liability (submitted by Kaua'i County) 2. A Bill for an Act Relating to Housing (submitted by Maui County) 3. A Bill for an Act Relating to Procurement (submitted by Maui County) 4. A Bill for an Act Relating to Traffic Infractions (submitted by City & County of Honolulu) B. Correspondence from Denise C. De Costa, City Clerk, City and County of Honolulu informing HSAC that the following was adopted by the City Council at its December 12, 2007 meeting for inclusion in the 2008 HSAC legislative package: a. Resolution No. 07-369, which provides the counties with liability protection for natural conditions on or near public beach parks; b. Resolution No. 07-370, which provides an increase from 45 days to 90 days the time within which the county councils must approve or disapprove affordable housing project applications; and c. Resolution No. 07-371, which removes the requirement for local governments to comply with rules adopted by the State Procurement Policy when participating in cooperative contracts. V. ANNOUNCEMENTS A. Schedule of Upcoming HSAC Meetings. February 2008, TBA March 2008, TBA March 1-5, 2008 NACo Legislative Conference, Washington, D.C. April 2008, TBA May 2008, TBA May 21-23, 2008 WIR Conference, Washington County (St. George), Utah June 9 & 10, 2008 - HSAC Conference (Honolulu) B. Other announcements. VI. ADJOURNMENT Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu MINUTES , HSAC EXECUTIVE COMMITTEE MEETING December 28, 2007 Council Committee Room, Honolulu Hale Honolulu, Hawaii :TO ORDER The'HSAC Executive Committee was called to order by President Mel Rapozo, at 9:20 a.m. The following members comprised a quorum: ~?resident Mel Rapozo County of Kauai: ` County of Hawaii: Vice Preei3gb Jacobson 0 City and County of Honolulu: Secretary ROmyC County of Maui: Treasurer Joseph Port Others present: Hawaii Staff Barbara Lively Honolulu Staff Andrew Sekine Honolulu Staff Venus Acoba _-u- Kauai Councilmember Shaylene' 0 Kauai Staff Cyndi Ayonon~ Maui Council Chair G. Riki H" 5 Maui Staff Kirstin Hamman r ` it. EXECUTIVE COMMITTEE MEETING MINUTES tF The minutes of the November 30, 2007, Executive Committee meetiix~irere approved as circulated. III. REPORTS A. Executive Committee Reports The following Executive Committee reports were approved: 1. Report of official action taken at the November 30, 2007 Executive s^- Committee Meeting regarding the approval of the amendment to OCS/010708111:45/HM HSAC Executive Committee Minutes of the December 28, 2007, meeting Page 2 the FY 2007-2008 Annual Operating Budget to transfer $500 from the National Association of Counties (NACo) dues appropriation to the Western Interstate Region (WIR) dues appropriation. 2. Report of official action taken at the November 30, 2007 Executive Committee Meeting regarding the approval of the nomination of Kauai County Councilmember Jay Furfaro as the HSAC designee to serve on the task force created by Act 152, Session Laws of Hawaii 2007 3. Report of official action taken at the November 30, 2007 Executive Committee. Meeting..regard.ing_the..approval. of four proposals for inclusion in the 2008 HSAC Legislative Package. B. Treasurer's Report The November 2007 Treasurer's Report was approved. C. County Reports Hawaii County Report. None City and County of Honolulu Report. Secretary Cachola reported on the status of planning for the annual conference to be held in June 2008 in Honolulu. Secretary Cachola also reported on the NACo prescription drug coverage plan. Kauai County Report. President Rapozo reported that the Kauai council has enacted housing policy legislation. Maui County Report. Treasurer Pontanilla reported on the Maui council's actions regarding the HSAC Package, "Show Me the Water" legislation, and Workforce Housing policy. D. National Association of Counties (NACo) Report Maui Council Chair Hokama reported on his appointment as chair of the Audit Committee. With respect to the Transportation Committee, Mr. Hokama reported that NACo is preparing to testify in Washington D.C. with respect to its concerns about the Aviation Bill not moving forward. HSAC Executive Committee Minutes of the December 28, 2007, meeting Page 3 President Rapozo recommended that all members be present at the legislative and annual conferences. E. Western Interstate Region (WIR) Report There was no WIR report. It was noted that the next conference will be held in Utah. F. Hawaii Sister-State Commission Report Secretary Cachola reported on the activities of the commission. G. Patsy Mink Commission Report Councilmember Iseri-Carvalho reported that the commission filed its required report, but at present there is no funding to implement the commission's recommendations. H. Act 152, Session Laws of Hawaii Task Force Report The report on the task force was deferred. IV. UNFINISHED BUSINESS A. 2008 HSAC Legislative Package Status Update. President Rapozo announced that approximately 40 legislators are expected to attend the informal briefing regarding HSAC legislative priorities to be held at the State Capitol at 10:30 am on December 28, 2007. President Rapozo summarized the four proposals that comprise the 2008 HSAC legislative package. Secretary Cachola suggested that at the informal briefing discussion of the proposals be kept brief and that efforts be directed at establishing positive relationships with the legislators. In response to a question regarding which legislators should introduce the HSAC package bills, Secretary Cachola commented that the Speaker of the House and the Senate President should be requested to introduce the measures. HSAC Executive Committee Minutes of the December 28, 2007, meeting Page 4 V. NEW BUSINESS A motion was made to approve a proposed amendment to the FY 2007- 2008 HSAC budget to transfer $500 from the auditing services appropriation to the miscellaneous appropriation under the HSAC executive committee expenditures to cover the cost of light refreshments at the 2008 legislative priorities briefing with state legislators on December 28, 2007. See correspondence from HSAC Treasurer Pontanilla dated December 19, 2007. The motion was approved. VI. ANNOUNCEMENTS A. Schedule of Upcoming HSAC Meetings. The next meeting will be held Wednesday, January 16, 2008, at 2:00 p.m. at Honolulu Hale in the Council Chambers. The annual conference will be held June 9 and 10, 2008, in Honolulu. Secretary Cachola noted that a memo has been sent to executive committee members requesting input as to conference topics. Treasurer Pontanilla requested that more time be devoted to discussion of key issues affecting the counties, such as affordable housing. President Rapozo suggested that in order to facilitate balanced discussion, attendees should write down questions beforehand and allow the moderator to decide which questions to ask the panel VII. ADJOURNMENT There being no further business, the meeting was adjourned at 9:53 a.m. Very truly yours, I.t,l-'4'v my ACHOLA ry State Association of Counties Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu Official Action Taken , Approval by Executive Committee Meeting of December 28, 2007 The Honorable Mel Rapozo, President Hawaii fa,.@ Association of Counties 4396..te eet Lihue i'96766-1371 Dear President Rapozo: Pursuant to Section 20 #Iaws of the Hawaii State Association of Counties (HSAC), which requires a report oehr official action, the following reports on the approval of the amendment to they 7-2008 Annual Operating Budget to transfer $500 from the auditing services appropriation to the-In appropriation. The Executive Committee finds that the budged curr a Topriates $5,000 for tfoweve a surer reports s'' N auditing services and $250 for miscellaneous items that quotes for auditing services are coming in much iower thdrA "d. The Treasurer requests that the budget be amended to transfer$60 rom the auditing services appropriation to the miscellaneous appropriation to provide light refreshments at the 2008 legislative priorities meeting. The Executive Committee has agreed and approved the Treasurer' Thus, the FY 2007-2008 Annual Operating Budget is amended to trans. auditing services appropriation to the miscellaneous appropriation Very truly yours, K , MY . CACHOLA, Secretary aw State Association of Counties OCS/010708/11:46/HM ,'oL UMT~ ~iO~°(± p OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU \or_ HONOLULU, HAWAII 96813-3077 /TELEPHONE 523-4352 DENISE C. DE COSTA CITY CLERK December 12, 2007 Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapoza: f This is to inform you that Resolution Q6-369, approving for inclusion in the 2008 Hawaii State Association of Counties ("HSAC") legislative package a proposal that provides the counties with liability protection for natural conditions on or near public beach parks, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, December 12, 2007. Sincerely, DENISE C. DE COSTA City Clerk he Attachment CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU NO O 7-3 6 9 HONOLULU, HAWAII RESOLUTION APPROVING FOR INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT PROVIDES THE COUNTIES WITH LIABILITY PROTECTION FOR NATURAL CONDITIONS ON OR NEAR PUBLIC BEACH PARKS. WHEREAS, many residents and visitors use Hawaii's public beaches and other public property for recreational purposes; and WHEREAS, such use has certain inherent risks which may result in injury to users and exposure to liability of the government owning the public beaches or other public property; and WHEREAS, in 2003, the state legislature enacted Act 82, Session Laws of Hawaii 2003, which provided the state and county governments with protection from liability arising from dangerous natural conditions at improved public lands if adequate warning signs are erected notifying the public of the dangers of these conditions; and WHEREAS, Act 82 excluded public beach parks from the definition of "improved public lands"; and WHEREAS, the Kauai county council has requested that a proposal to repeal the exclusion of public beach parks from the definition of "improved public lands" be included in the 2008 legislative package of HSAC, and this proposal has been approved by the Hawaii and Maui county councils for inclusion in the 2008 legislative package of HSAC; and WHEREAS, the proposed amendment will be in the best public interest of the counties; and WHEREAS, the unanimous approval of the county councils is necessary for inclusion of a proposal in the HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that this body approves for inclusion in the 2008 HSAC legislative package a proposal, attached as Exhibit A, to amend the definition of "improved public lands" to include public beach parks in order to provide the counties with consistent liability protection for public use of county recreational areas; and OCS/111907/03:42/CT 1 IGA CITY COUNCIL ) 1 " • CITY AND COUNTY OF HONOLULU No. 7 -3 S HONOLULU, HAWAII RESOLUTION BE IT FURTHER RESOLVED that the HSAC executive committee, if deemed necessary or desirable, is authorized to revise the "purpose section" of the proposal before transmittal to the senate and house leadership for introduction; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTRO UCED BY oil DATE OF INTRODUCTION: N OV 2 0 2007 Honolulu, Hawaii Councilmembers 2 .B. NO. A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: I SECTION I . Section 663- , Hawaii Revised Statutes, is amended by amending the 2 definition of "improved public lands" to read as follows: 3 "Improved public lands" means lands designated as part of the state park system, parks, 4 and parkways under chapter 184, or as part of a county's park system, and lands which are part s of the Hawaii statewide trail and access system under chapter 1981), excluding buildings and 6 structures constructed upon such lands. For purposes of this part, "improved public lands" 7 excludes ocean and submerged lands[, and further excludes any public beach park falling within 8 Act 190, Session Laws of Hawaii 1996. as amended by Act 101, Session Laws of Hawaii 1999)." g SECTION 2. Statutory material to be repealed is bracketed. New statutory material is 1o underscored. 11 SECTION T3. This Act shall take effect upon its approval. 12 13 14 15 INTRODUCED BY: 16 EXHIBIT A 2008 legislature -Public Beach Parks Bill (HSAC) ' JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY PURPOSE: The purpose of this bill is to provide counties protection from liability as a result of natural conditions on or near public beach parks. MEANS: Amends Act 82, SLH 2003, to remove the exclusion of public beach parks. JUSTIFICATION: Deletion of the exclusion would provide the counties with additional immunity in its operation of county parks. I i - CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 07-369 Introduced: 11/20107 By: ROMY CACHOLA (BR) Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES (-HSAC-) LEGISLATIVE PACKAGE A PROPOSAL THAT PROVIDES THE COUNTIES WITH LIABILITY PROTECTION FOR NATURAL CONDITIONS ON OR NEAR PUBLIC BEACH PARKS. IIH INTERGOVERNMENTAL 11/29/07 CR-454 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 12/12/07 CR-454 AND RESOLUTION 07-369 WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby ce~rlityy that the above is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER /40UMTY p~ OFFICE OF THE CITY CLERK Sj'rf OT HP~P~ CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII 96813-3077 /TELEPHONE 523-4352 DENISE C. DE COSTA CITY CLERK December 12, 2007 Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapoza: This is to inform you that Resolution O6-370, relating to a legislative proposal for inclusion in the 2008 Hawaii State Association of Counties' ("HSAC") legislative package in increase from 45 days to 90 days the time within which the county councils must approve or disapprove affordable housing project applications, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, December 12, 2007. Sincerely, D . 4a~ DENISE C. DE COSTA City Clerk he Attachment CITY COUNCIL ~ k I " • CITY AND COUNTY OF HONOLULU - NO O ? HONOLULU, HAWAII RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES' ("HSAC") LEGISLATIVE PACKAGE TO INCREASE FROM 45 DAYS TO 90 DAYS THE TIME WITHIN WHICH THE COUNTY COUNCILS MUST APPROVE OR DISAPPROVE AFFORDABLE HOUSING PROJECT APPLICATIONS. WHEREAS, the availability of affordable housing is essential to the welfare of Hawaii's low and moderate income residents; and WHEREAS, Section 2011-1-38, Hawaii Revised Statutes (HRS), delineates conditions under which affordable housing projects may be developed exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of units thereon; and WHEREAS, Section 201 H-41, HRS, similarly delineates conditions under which exemptions may be granted for affordable housing projects independently initiated by private developers that the Hawaii Housing Finance and Development Corporation ("HHFDC") may accept and approve; and WHEREAS, one such condition, applicable to projects developed under HRS sections 201 H-38 and 201 H-41, provides that if the appropriate county council does not disapprove an affordable housing project by resolution within 45 days after HHFDC has submitted preliminary plans and specifications for the project to the council, the project is automatically deemed approved on the 461h day following submittal to the council; and WHEREAS, pursuant to Section 46-15.1, HRS, counties have the same powers granted to HHFDC to seek exemption of affordable housing projects from legal requirements, subject to expedited legislative review; and WHEREAS, the council recognizes that expediting the legislative review and approval of a housing project represents cost savings to developers of affordable housing, including state and county agencies developing housing, and reflects the priority given by the state legislature to affordable housing development; and WHEREAS, however, in limiting the time for county legislative approval to 45 days, the councils are denied adequate opportunity to review and consider housing project applications; and OCS/111907/03:41/CT 1 IGA CITY COUNCIL a e. i CITY AND COUNTY OF HONOLULU No 7 - 3 7 0 HONOLULU, HAWAII RESOLUTION WHEREAS, notice requirements for scheduling council and committee meetings under HRS Chapter 92 pose additional constraints upon the respective councils in meeting the 45-day deadline within which to approve or disapprove a project; and WHEREAS, the council finds that increasing the period for approval or disapproval from the current 45 days to 90 days would provide the county councils with a reasonable time frame within which to review projects, while maintaining an expedited review process; and WHEREAS, approval by all the counties is required to include a legislative proposal in the HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2008 Hawaii State Association of Counties' Legislative Package a proposal to amend Section 201 H-38, Hawaii Revised Statutes, to increase from 45 to 90 days the time within which county councils must approve or disapprove affordable housing project applications, as set forth in Exhibit A, attached; and 2 CITY COUNCIL ( " • CITY AND COUNTY OF HONOLULU NO 0 7 - 3 7 0 HONOLULU, HAWAII RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTRODUCED BYE' IG;00,'~"`~ DATE OF INTRODUCTION: Nov 2 0 2007 Honolulu, Hawaii Councilmembers 3 R NO. A BILL FOR AN ACT RELATING TO HOUSING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The forty-five day window for a 2 1eois7l-aLiva body _o approve, ?rrrove V:it:: mcdificati=n, -or 3 disapprove an affordable housing project is too short to have a 4 meaningful discussion of the project. Allowing ninety days will 5 provide an expedited review while allowing the legislative body 6 to do its due diligence in evaluating a project. 7 SECTION 2. Section 201H-38, Hawaii Revised Statutes, is 8 amended by amending subsection (a) to read as follows: 9 "(a) The corporation may develop on behalf of the State or 10 with an eligible developer, or may assist under a government 11 assistance program in the development of, housing projects that 12 shall be exempt from all statutes, ordinances, charter 13 provisions, and rules of any government agency relating t.- 14 planning, zoning, construction standards for subdivisions, 15 development and improvement of land, and the construction of 16 dwelling units thereon; provided that: EXHIBIT A 07-241a.doc Page 2 . B. NO. 1 (1) The corporation finds the housing project is 2 consistent with the purpose and intent of this 3 chapter, and meets minimum requirements of health and 4 safety; 5 (2) The development of the proposed housing project does 6 not contravene any safety standards, tariffs, or rates 7 and fees approved by the public utilities commission 8 for public utilities or of the various boards of water 9 supply authorized under chapter 54; 10 (3) The legislative body of the county in which the 11 housing project is to be situated shall have approved 12 the project with or without modifications: 13 (A) The legislative body shall approve, approve with 14 modification, or disapprove the project by 15 resolution within [fe t_- ` vel ninety days after 16 the corporation has submitted the preliminary 17 plans and specifications for the project to the 18 legislative body. If on the L=-ri = ° hl 19 ninety-first day a project is not disapproved, it 20 shall be deemed approved by the legislative body; 27 (B) No action shall be prosecuted or maintained 22 against any county, its officials, or employees 23 on account of actions taken by them in reviewing, 07-241a.doc Page 3 . B . NO* 1 approving, modifying, or disapproving the plans 2 and specifications; and 3 (C) The final plans and specifications for the 4 project shall be deemed approved by the 5 legislative body if the final plans and 6 specifications do not substantially deviate from *he preliminary plans and specifications. The. 8 final plans and specifications for the project 9 shall constitute the zoning, building, 10 construction, and subdivision standards for that 11 project. For purposes of sections 501-85 and 12 502-17, the executive director of the corporation 13 or the responsible county official may certify 14. maps and plans of lands connected with the 15 project as having complied with applicable laws 16 and ordinances relating to consolidation and 17 subdivision of ands, and the maps and plans 1s shall be accepted for registration or recordation 19 by the land court and registrar; and 20 (41 The land use commission shall approve, approve with 21 modification, or disapprove a boundary change within 22 forty-five days after the corporation has submitted a 23 petition to the commission as provided in section 07-241a.doc Page 4 R NO. 1 205-4. If on the forty-sixth day the petition is not 2 disapproved, it shall be deemed approved by the 3 commission." 4 SECTION 3. Statutory material to be deleted is bracketed 5 and in strikethrough. New statutory material is underscored. 6 SECTION 4. This Act shall take effect upon its approval. 7 g INTRODUCED BY: 07-241a.doc JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO HOUSING PURPOSE: Extends the forty-five day window for a legislative body to approve, approve with modification, or disapprove an affordable housing project under Section 201H-38, Hawaii Revised Statues, to ninety days. MEANS: Amends Section 201H-38, Hawaii Revised Statues. JUSTIFICATION: With the authority granted to the county councils by Act 249 (200'/) to modify affordable housi,ig projects, extendi,rg the councils' review period to ninety days will produce projects that are better suited to the counties' respective needs while still providing an expedited process. The 45-day deadline is inadequate for a responsible review of a project, partly because a significant amount of time is consumed by the notice requirements under Chapter 92, HRS, for scheduling Council and committee meetings. Passage of this measure would reflect the Legislature's recognition of the scheduling and other limitations imposed on the councils by the Sunshine Law. This measure only addresses the councils' role in the approval process, which historically has not been the source of delays and increased costs for good affordable housing projects. paf:gbr:07-241 b CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 07-370 Introduced: 11/20/07 By: ROMY CACHOLA (BR) Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES' ("HSAC") LEGISLATIVE PACKAGE TO INCREASE FROM 45 DAYS TO 90 DAYS THE TIME WITHIN WHICH THE COUNTY COUNCILS MUST APPROVE OR DISAPPROVE AFFORDABLE HOUSING PROJECT APPLICATIONS. INTERGOVERNMENTAL 11/29/07 CR-455 -RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 12/12/07 CR-455 AND RESOLUTION 07-370 WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. NISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER LpUMTY O~ ~ I ' (C1 V Iffy OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU Of N - HONOLULU, HAWAII 96813-3077 /TELEPHONE 523-4352 DENISE C. DE COSTA CITY CLERK December 12, 2007 Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapoza: This is to inform you that Resolution 0W-371, relating to the inclusion in the 2008 Hawaii State Association of Counties legislative package of a proposal removing the requirement for local governments to comply with rules adopted by the State Procurement Policy Board when participating in cooperative contracts, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, December 12, 2007. Sincerely, 04--e'u~ 0, &ax'7sk- DENISE C. DE COSTA City Clerk he Attachment CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU NO O 7-3 7 1 r • HONOLULU, HAWAII RESOLUTION RELATING TO THE INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL REMOVING THE REQUIREMENT FOR LOCAL GOVERNMENTS TO COMPLY WITH RULES ADOPTED BY THE STATE PROCUREMENT POLICY BOARD WHEN PARTICIPATING IN COOPERATIVE CONTRACTS. WHEREAS, Sections 103D-201 and 103D-202, Hawaii Revised Statutes (HRS), establish a State Procurement Policy Board ("policy board") with the authority to adopt administrative rules consistent with Chapter 103D, HRS; and WHEREAS, Chapter 103D, HRS, the Hawaii Public Procurement Code, is based on the model procurement code, a version of which has been adopted by all states; and WHEREAS, most states that allow cooperative purchasing by governments do not have policy boards restricting a government's ability to participate in cooperative contracts; and WHEREAS, local governments in the state of Hawaii are limited in their ability to use cooperative contracts by the policy board's administrative rules, and consequently may not be able to enter into cooperative contracts that would be the most cost-effective mechanism for procurement for the counties and their taxpayers; and WHEREAS, local governments are in the best position to assess their own needs and therefore best able to decide whether to use a cooperative contract or not; and WHEREAS, the Executive Committee of the Hawaii State Association of Counties (HSAC) has referred to the county councils the attached proposal addressing the issue of cooperative contracting for possible inclusion in the 2008 HSAC legislative package; and WHEREAS, the Hawaii and Maui county councils have approved this proposal for inclusion in the 2008 HSAC legislative package; and WHEREAS, this proposal if enacted, would give local governments another option when deciding on procuring goods and services and is in the best public interest of the counties; and WHEREAS, approval by all the counties is required to include a proposal in the 2008 HSAC legislative package; now, therefore, ocs/111907/04: 35/CT 1 13 A < CITY COUNCIL No a7-371 z } ( CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2008 HSAC legislative package a proposal, attached as Exhibit A, that would remove the requirement for local governments to comply with rules adopted by the policy board, and to place the decision-making power to use cooperative contracts within the discretion of local governments; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTR UCED BY: 411 DATE OF INTRODUCTION: NOV 2 0 2007 Honolulu, Hawaii Councilmembers 2 t , .B. NO. A BILL FOR AN ACT RELATING TO PROCUREMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION I. Section 103D-802, Hawaii Revised Statutes, is 2 amended to read as follows: 3 °S103D-802 Cooperative purchasing authorized. A public 4 procurement unit may either participate in, sponsor, conduct, or 5 administer a cooperative purchasing agreement for the 6 procurement of goods, services, or construction with one or more 7 public procurement units, external procurement units, or 8 nonprofit private procurement units pursuant to [ 9y-t- or -a --aJ an agreement entered into between the 10 participants. The cooperative purchasing may include, but shall 11 not be limited to, joint or multi-party contracts between public 12 procurement units, and state Dub!---'c procurement unit 13 requirements contracts which are made available to local public 14 procurement units. Cooperative purchasing agreements may be 15 exempt from preferences pursuant to part X." 16 SECTION 2. Statutory material to be deleted is bracketed 17 and in strikethrough. 18 SECTION 3. This Act shall take effect upon its approval. EXHIBIT A 07-239a.doc Page 2 . B. NO. 1 2 INTRODUCED BY: 3 07-239a.doc JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PROCUREMENT PURPOSE: To remove the requirement for local governments to comply with rules adopted by the policy board and to place the decision-making power to use cooperative contracts within the discretion of local governments. MEANS: Amends §103D-802, Hawaii Revised Statutes (BRS), by deleting language pertaining to rules adopted by the policy board. JUSTIFICATION: §I03D-201 and §10313-202, HRS, establish a procurement policy board with the authority to adopt rules consistent with Chapter 103D. Chapter 103D is based on the Model Procurement Code. All states have adopted a version of the Model Procurement Code. Most states that allow cooperative purchasing do not have policy boards restricting a government's ability to participate in cooperative contracts. Currently, local governments in the State of Hawaii are limited by the Hawaii Administrative Rules set by the policy board to choose whether to use cooperative contracts. This is true even if the cooperative contracts went through a competitive selection process similar to the laws and rules of the State of Hawaii. Consequently, local governments may not be able to enter into a cooperative contract that is the most cost-effective choice for itself or for its taxpayers. Local governments are in the best position to assess their own needs and the needs of the people they serve. Therefore, local governments are also in the best position to make competent decisions as to whether to use a cooperative contract. The amendment would merely provide local governments with another option when deciding whether to enter into a cooperative contract. There may be contracts, other than the cooperative contract, that have gone through Hawaii's procurement process and are still more cost efficient for local governments. The amendment gives local governments another choice, paf:kmh:07-239b CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 07-371 Introduced: 11/20/07 By: ROMY CACHOLA (BR) Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL REMOVING THE REQUIREMENT FOR LOCAL GOVERNMENTS TO COMPLY WITH RULES ADOPTED BY THE STATE PROCUREMENT POLICY BOARD WHEN PARTICIPATING IN COOPERATIVE CONTRACTS. NO! I as INTERGOVERNMENTAL 11/29107 CR-456 -RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 12/12/07 CR-456 AND RESOLUTION 07-371 WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER