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Home My WebLink AboutCOM 0112.000 1998-2000 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City,B~~,QWnty of ~gnolulu a G~ 0 anuary 21, 1999 To: James Arakaki, Chairman and Members of the Hawaii County Council From: Al SmiW, Vice President Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting -January 20, 1999 The following highlights of the HSAC Executive Committee meeting of January 20, 1999 aze hereby submitted. The Secretary's Minutes of the Executive Committee of December 3, 1998 were approved and placed on file (Attached for information). The Treasurer reports for the months of November 1998 were approved and placed on file (Attached for infotmation). Under NACo Reports, it was reported that Honolulu, Hawaii is being considered as a possible conference site of the year 2005 NACo Annual Conference. Under Unfinished Business, the Executive Committee, finding favorable reports from each of the four counties, approved HSAC positions relating to: l) the support of a NACo position opposing of Federal Preemption of Local Zoning Authority over Satellite Broadcast on Cellulaz Phone Antennas; 2) the support of a NACo Endorsement of proposed amendments to the Internet Freedom Act; 3) the adoption of the 1999 HSAC Legislative Program Policy Statement; and, 4) support of the Western Governor's Association (WGA) and NACo policy of"ENLIBRA" regarding a Balanced Environment. Action on a HSAC position supporting the collaborative Partnerships between the College of Tropical Agriculture and Human Resources (CTAHR) and the Counties was deferred pending consideration by the County of Kauai. The 1999 HSAC Legislative Package was also discussed. All proposals, including recently adopted Hawaii County Council positions on Liability Relief for County Skateboard Parks and on Condominium Property Regimes, remained deferred pending action by one or more counties. An additional proposal for inclusion into the HSAC 1999 Legislative Package measure which request the legislature to make permanent the counties' limitation on liability from lawsuits relating to ocean recreation. A copy of this proposed measure is attached for your review and consideration. (Attached for information, Action Requested). Under Announcements, i[ was pointed out that i[ would be Hawaii County's turn to host [he next HSAC Conference in June 1999. The next scheduled HSAC Executive Committee meeting will be March 1999. Attachments t,;c;ra. No. ~cra idle No. > ldxy Hawaii State Association of Countiles Counties of I(auai. Maui and Hawaii, City 8. County of Honolulu ~'r 4 December 3, 1998~,'~`` Kauai Marriott Hotel & Beach Club Lihue, Kauai, Hawaii I. CALL TO ORDER The HSAC Executive Committee was called to order by President Rene 'Mansho at 10:00 a.m. The following members present made up a quorum: City and County of Honolulu: President Rene Mansho Staff Joan Harper County of Maui: Secretary Dennis Nakamura Staff David Raatz County of Kauai: Treasurer Ron Kouchi Staff Cyndi Qyonon Staff Aida Okasaki County of Hawaii: Vice President AI Smith Staff Charmaine Doran Staff Georgette Kamakaiwi Other Attendees: Curtis Tyler, Councilmember, Hawaii County II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the October 23, 1998 meeting of the HSAC Executive Committee were approved. III. TREASURER'S REPORTS A. October 1998 The Treasurer's Reports for the month of October 1998 wE;re approved, j B. Accounting Manual Proposal Treasurer Ron Kouchi submitted an HSAC audit report da~.:ed November 23, 1998, which included a recommendation that HSAC a U1/1J/1JJ ~~LU VO. JC I'/1.1 JVU LYJ iVJ./ AIAL? LV l.~il VVL.~LLL py promulgate an accounting manual. This matter will be discussed further at the next HSAC Executive Committee meeting. IV. REPORTS A. Executive Committee Reports No Executive Committee Reports were received. B. County Reports No County Reports were received. C. NACo Reports The following NACo Reports were placed on file: 1. Letter from Betty Lou Ward, NACo President, and Bobbie Howard-Davis, NACTEP President, to State Association Executive Director, dated November 6, 1998, providing information concerning the Workforce Investment Act of 1998. 2. Letter from Jennifer Smith of NACo's Meetings Division, inviting WIR counties to submit bids to host a WIR Conference in May 2001 by February 15, 1999. President Mansho suggested that the Executive Committee consider the possibility of the City and County of Honolulu submitting a bid to host the May 2001 WIR Conference. Treasurer Kouchi pointed out that Honolulu (under i:he auspices of the Hawaii Visitors and Convention Bureau) is bidding to host the 2005 NACo Annual Conference and that the other counties in the state do not have the facilities to host a NACo Conference; therefore, one of the other Hawaii counties would probably be a more appropriate host for the WIR Conference, if they are interested. For background information, President Mansho noted that NACo teas established the following schedule for future annual conferences: 1999 - St. Louis; 2000 -Charlotte, North Carolina; 2001 -Philadelphia; 2002 -New Orleans; 2003 - Milwaukee. The sites for the 2004 and 2005 NACo annual conferences are still to be determined. Treasurer Kouchi suggested that the Executive Committee endorse: (1) Honolulu's bid for the 2005 NACo Annual Conference; and (2) the bid of either Maui County or Hawaii County (to be determined) to host the 2001 WIR Conference. The Executive Committee supported the suggestion. V. UNFINISHED BUSINESS A. Support for NACo's Position Opposing Federal Preemption of Local Zoning Authority over Satellite Broadcast on Cellular Phone Antennas The purpose of this item is to act on a resolution supporting NACo's position opposing federal preemption of local zoning authority over satellite broadcast on cellular phone antennas. Pending action by Maui County, this item was deferred. B. Support for the Proposed Amendment to the Internet Tax Freedom Act The purpose of this item is to act on a resolution supporting NACo's endorsement of the proposed amendment to the Internet Tax Freedom Act. Pending action by Maui County, this item was deferred. C. Support for the i 999 HSAC Legislative Program Policy Statement The purpose of this item is to act on a resolution to approve the 1999 HSAC Legislative Program Policy Statement. All four counties have approved the 1999 HSAC Legislative Program Policy Statement. D. Support for the WGA and NACo Policy of "ENLIBRA" Regardinct a Balanced Environment The purpose of this item is to act on a resolution supporting NACo's policy regarding certain environmental principles. See City snd County of Honolulu Resolution 98-276. Pending action by Hawaii and Maui, this item was deferred. E. Supporting Collaborative Partnerships Between the College of Tropical Agriculture and Human Resources (CTAHR) and the Counties. The purpose of this item is to approve a policy of support for the establishment of collaborative partnerships between College of Tropical Agriculture and Human Resources and the counties. :gee City and County of Honolulu Council Resolution 98-292. Pending action by Hawaii, Kauai, and Maui, this item was deferred. F. Discussion of 1999 HSAC Legislative Package The purpose of this item is to approve proposals for the 1E199 HSAC Legislative Package. 1. Previously Discussed Proposals a. Support For Liability Relief For County Skateboard Parks. Pending approval by Honolulu, and Kauai, this ite>m was deferred. b. Support for A Proposal Relating To Condominium Property Regimes Pending approval by Honolulu, Kauai, and Maui, this item was deferred. c. Support for Allocation of Cable Television Franchise Fees to the Counties. See City and County of Honolulu Resolution 98-341. Pending approval by Hawaii, Honolulu, Kauai, and Maui, this item was deferred. 2. New Proposals a. Support for Vote-By-Mail Elections Bill submitted by Maui County Council was referred to the counties for their approval. b. Support for a Community Lands and Open Space Acquisition Fund Bill submitted by Maui County Council was referred to the counties for their approval. c. Support for Tax Credit For Water Conservation Bill submitted by Maui County Council was referred to the counties for their approval. d. Support for Clarification of the County Legislative Bodies' Subpoena Power Bill submitted by Maui County Council was referred to the counties for their approval. e. Support for Allocation of Cable Television Franchise Fees to the Counties 01/13/99 WED 08:34 FAX 808 243 7686 MAG1 CUUNIY GUUAI,iL Bill submitted by Maui County Council was referred to the counties for their approval. f. Support for Beach Park Liability Bill submitted by Maui County Council was referred to the counties for their approval. 3. Proposals from the 1998 Legislative Package a. Funding for Detection and Prevention of Alien Pest Species Bill from 1998 HSAC Legislative Package was referred to the counties for their approval. b. Require the State Legislature to Provide Real-Time Legislative Updates Via the World Wide Web Bill from 1998 HSAC Legislative Package was referred to the counties for their approval. c. Provide Dedicated Mechanism for Funding County GIS Systems Bill from 1998 HSAC Legislative Package was referred to the counties for their approval. VI. NEW BUSINESS A. State and Counties' Y2K Preparedness Plans and Programs The purpose of this item is to discuss the State and counties' Y2K preparedness plans and programs. President Man::ho suggested that the members of the Executive Committee were requested to discuss with their respective councils the issue of the counties' preparedness for the Y2K computer bug. It was noted that NACo is offering Y2K assistance to counties. Members were requested to notify the HSAC Executive Committee of developments and ideas with respect to the counties' Y2K compliance. The possibility of State legislation on Y2K immunity was also discussed. Pending further information, this matter was deferred. B. Administrative Fees on Citations Issued by Police President Mansho noted that she has introduced Honolulu City Council Resolution No. 98-343. The proposed resolution would approve for inclusion in the HSf\C Legislative Package a proposed bill to provide counties revenues from an administrative fee of $25 that would be imposed on each citation issued by police. C. Repeal of the Decriminalization of Traffic Fines President Mansho noted that she has introduced Honolulu City Council Resolution No. 98-344. The proposed resolution would approve for inclusion in the HSAC Legislative Package a proposed bill to repeal the decriminalization of traffic fines. VII. COMMUNICATIONS The following communications were placed on file: A. Letter from Dennis Y. Nakamura, HSAC Secretary to President Mansho, dated November 23, 1998, regarding pending items for the 1999 Legislative Package by Maui County Council. B. Letter from Dennis Y. Nakamura, HSAC Secretary to Dwayne D. Yoshina, Chief Election Officer, dated November 16, 1998, regarding vote-by-mail elections. VIII. ANNOUNCEMENTS President Mansho will consult with the other counties to determine the date and time of the next Executive Committee meeting. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 10:30 a. m. Very Truly Yours, DENNIS Y. NAKAMURA Secretary Hawaii State Association of Counties ocs:hsac:990107a:dr Hawaii Sta~z Association v~ Counties Counties of Kauai. Maui and Hawaii. City B. County of Honolulu t. ~ December 21, 1998 The Executive Committee Members Hawaii State Association of Counties Dear Executive Committee Members: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period November 1 through November 30, 1998. Very truly yours, ~ ~~c~, RONALD KOUCHI Treasurer, Hawaii State Association of Counties Enc. ~ ,r HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: November 1 through November 30, 1998 FUND BALANCE AT BEGINNING DATE $34,476.07 This Year to Period Date Budget Receipts 001 Membership Fees $7,000.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $5,273.44 $6,000.00 030 Interest income $102.85 $489.33 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total $7,102.85 $33,762.77 $35,300.00 TOTAL RECEIPTS THIS PERIOD $7,102.85 Disbursements Executive Committee 201 Travel $0.00 $99.00 $3,300.00 202 Audting Services $0.00 $750.00 $4,750.00 203 Stationery $0.00 $0.00 $1,000.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $0.00 $585.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $677.00 $19,525.00 $19,524.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0,00 $0.00 $3,000.00 502 Promotional $0,00 $0.00 $500.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 601 FY 97-98 Annual $0.00 $0.00 $0.00 602 FY 98-99 Mid Year $1,000.00 $1,000.00 $0.00 603 FY 98-99 Annual $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $1,000.00 $0.00 TOTAL $1,877.00 $22,959.00 $46,074.00 TOTAL EXPENSES THIS PERIOD $1 ,877.00 FUND BALANCE AT END OF PERIOD $39,701.92 t B. NO. A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY IMMUNITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Act 190, Session Laws of Hawaii 1996, is repealed. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER PUBLIC LAND LIABILITY IMMUNITY § -1 Definitions. As used in this chapter: "Government" means any unit of government in the State, including any county or combination of counties, any department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of the State or any county government, or any corporation, authority OCS/HCR PUBLICLA.B99 or other entity owned, operated, or managed by or on behalf of the State or any county. "Public beach" means any beach fronting either a public beach park or a public beach right-of-way or access way, and includes any public beach right-of-way or access way. For purposes of this definition, a public beach right-of-way or access way does not include any public street or highway. ~ -2 Natural condition of unimproved public property. Neither a government nor a government officer or employee shall be liable for an injury caused by a natural condition of any unimproved public property, including, but not limited to, any natural condition of any lake, stream, bay, river, or public beach. ~ -3 Public beach; natural condition of unimproved property notwithstanding public safety services; application of section. (a) A public beach shall be deemed to be in a natural condition and unimproved, notwithstanding the provision or absence of public safety services such as lifeguards, police or sheriff patrols, medical services, fire protection services, or beach cleanup services, and notwithstanding the existence or absence of seawalls, revetments, groins or other shore protection structures, or signs. 2- (b) Nothing in this chapter shall be construed to immunize the government from liability for negligent performance of rescue services." SECTION 3. This Act shall not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: -3-