Loading...
HomeMy WebLinkAboutCOM 0313.005 2014-2016DENNIS "FRESH" ONIS HI Council Member District 3 MEMORANDUM HAWAII COUNTY COUNCIL 25 Aupuni Street, Hilo, Hawaii 96720 DATE: May 12, 2015 PHONE: (808) 961-8396 FAX: (808) 961-8912 EMAIL: donishit.00.havl5i.hi.us CA CD n tT N �v B �O TO: Dru Mamo Kanuha, Council Chair And Members of the Hawaii County Council a),�,to . . FROM: 'VrDennis "Fresh" Onishi, Council Member SUBJECT: Minutes of the March 10, 2015, Hawaii State Association of Counties Executive Committee Meeting. Attached are the minutes of the Hawaii State Association of Counties Executive Committee meeting, held on March 10, 2015, in Honolulu. Please place this item on the agenda for the next available Government Relations and Economic Development Committee meeting. DO:ma Att flawai `i County is an Equal Opportunity Provider and Employer Comm. No. '313. Ref. To. rLeDL Ref. Date MAY 12 2015 (i) Hawaii State Association of Counties4 counticv ar Kauai, b'iaui, i -i m aii and C it) and C ount'N of fionolulu r MINUTES HSAC EXECUTIVE COMMITTEE MEETING March 10, 2015 Honolulu Hale, Council Chambers Honolulu, Hawaii I. CALL TO ORDER The HSAC Executive Committee was called to order by President Mel Rapozo at 10:15 a.m. The following members comprising a quorum were present: County of Kauai: President Mel Rapozo County of Hawaii: Vice President Dennis "Fresh" Onishi City and County of Honolulu: Secretary Ikaika Anderson County of Maui: Treasurer Michael Victorino Others Present: Cheryl Kakazu-Park, Director—Office of Information Practices Jennifer Brooks, Staff Attorney—Office of Information Practices Honolulu staff Doug Chun Honolulu staff Brandon Mitsuda Kauai staff Ashley Bunda Maui staff Kit Zulueta II. APPROVAL OF AGENDA The Committee approved the agenda. III. MINUTES The Committee approved the minutes of the January 20, 2015 Executive Committee meeting. OCS2015-0201/3/1312015 1:08 PM a Page 1 of 9 a IV. REPORTS A. Treasurer's Report 1-3. Treasurer's Report for December 2014, January 2015, and February 2015, as submitted by the HSAC Treasurer. Treasurer Victorino commented on all three Treasurer's Reports by: 1) Congratulating the City and County of Honolulu for generating record income of $45,263.67 from the HSAC 2014 Annual Conference as reflected in the December 2014 Treasurer's Report; 2) Noting that in the January 2015 Treasurer's Report the expenses for Auditing Services is listed at $3,645.83 and that all HSAC audits have resulted in favorable opinions; and 3) Pointing out that the two largest expenses reflected in the February 2015 Treasurer's Report are for NACo and WIR dues. The Treasurer's Report, consisting of the three monthly reports, was approved. B. County Reports Maui County Report. Treasurer Victorino reported that Maui County has been very busy, and noted County work on the Lanai Community Plan, the GMO litigation issue, and agricultural property taxes. Treasurer Victorino also announced that on March 25th through March 27th, the County would be holding the Annual Maui Energy Conference. Finally, Treasurer Victorino stated that the county was in the process of renaming the lao Stream the Wailuku River, its original name. 2. _Hawaii County Report. Vice President Onishi stated that it has been fairly quiet in Hawaii County, with many Resolutions regarding issues such as recycling, zero waste, and mulching being withdrawn following hours and hours of testimony and discussion. Vice President Onishi concluded by noting that Councilmember Danny Paleka was nominated to the WIR board via county Resolution and that he (Vice President Onish!) requested his fellow HSAC officers to support the nomination. 3. City and County of Honolulu Report. Secretary Anderson reported that the City Council acted on several important measures, including the following: 1) Bili 3, dealing with a zone change for Hoopili, was reported out of the Zoning and Planning (Z&P) Committee and scheduled for passage on second reading and a Page 2 of 9 public hearing; 2) Bill 7, relating to an Aiea zone change, was reported out of the Z&P Committee with a 90 -day extension; and 3) Bill 47, relating to the Koolauloa Sustainable Communities Plan, was reported out of the Z&P Committee with an amendment removing an 875 home development in Malaekahana and scheduled for passage on second reading and a public hearing. Secretary Anderson concluded by presenting the 2014 HSAC Annual Conference Report, thanking all the counties for their participation, noting that all conference attendance goals were reached, and reporting that after expenses, conference income of $45,263.67 was remitted to HSAC. Kauai County Report. President Rapozo reported that the Council is working on the South Shore and Lihue Community Plans, will be tackling the bed -and -breakfast ("homestay") issue via a draft bill, and are expecting to see advocates for a whale sanctuary before the county council again. President Rapozo noted that there have been some key changes in the Administration, with departures in the planning, communications and economic development agencies. Finally, President Rapozo stated that election -related changes are coming that deal with electronic registration and voting, and will potentially impact all counties. A motion was made, seconded and approved to receive the county reports. C. NACo Report Treasurer Victorino reported that the NACo Legislative Conference in Washington, D.C. was a good conference that was attended by five Maui County members, and that one of the highlights of the conference was the speech given by U.S. Vice President Joe Biden, which was well-received in spite of the heavy security that accompanied the Vice President. President Rapozo reported that the members enjoyed quality visits with Hawaii's Congressional delegation, although he did note the vast difference between Hawaii's current delegation and the old delegation of Senator Inouye and Akaka, with respect to seniority and ability to get things done in Congress. Secretary Anderson reported that the City and County of Honolulu is interested in joining the NACo Large Urban County Caucus (LUCC). President Rapozo urged Secretary Anderson to provide him with a letter or memorandum requesting membership in the LUCC and that he or Treasurer Victorino would see that NACo President Riki Hokama receives Page 3 of 9 it as soon as possible. President Rapozo commended Honolulu for seeking to take advantage of the many resources available via NACo, D. WIR Report Vice President Onishi reported that Councilmember KipuKai Kualii did a good job of promoting the upcoming WIR Conference on Kauai during the NACo Legislative Conference in Washington, Q.C. President Rapozo asked Kauai staffer, Ashley Bunda, if she had anything to report. Ashley stated that Councilmember Kualii went before the WIR Board in Washington, D.C. and made a presentation on the upcoming WIR Conference that was well-received. Ashley concluded by noting that about $75,000 in WIR Conference sponsorship funds has been collected thus far. A motion was made, seconded and approved to receive the NACo and WIR reports. V. UNFINISHED BUSINESS A. President Rapozo fielded a motion to nominate Maui Councilmember Don Couch and Honolulu Councilmember Brandon Elefante to the Board of Advisors of the Center for Alternative Dispute Resolution. Treasurer Victorino urged his colleagues to approve the nomination of Councilmember Couch, noting that he has been a long-time member of the Maui County Council and has also served as a former chair of the Maui County Board of Ethics. Secretary Anderson also noted, in response to a query, that Councilmember Elefante is willing and eager to serve as the second nominee to the Board of Advisors. The nominations of Councilmember Couch and Councilmember Elefante were approved. VI. NEW BUSINESS (NOTE: At this point in the agenda, President Rapozo requested his colleagues to consider taking Item (E.) out of order to accommodate the Director and Staff Attorney of the Office of Information Practices (OIP), who arrived to make a presentation to the Executive Committee. As there were no objections to the President's request, Item (E.) was taken out of order at this juncture.) E. Cheryl Kakazu-Park and Jennifer Brooks, OIP Director and Staff Attorney, respectively, thanked the HSAC Executive Committee for Inviting them to provide a presentation on the ability of multiple councilmembers Page 4 of 9 constituting a quorum to attend community board meetings without violating the State's Sunshine Law. Director Kakazu-Park and Ms. Brooks referenced a document entitled: "Checklist and County Council's Request to Waive Videotaping of a Meeting as Guests of a Board or Community Group," which allows, under the limited meetings law (Section 92-3.1, HRS) multiple councilmembers, even if constituting a quorum, to attend the same community meeting as long as all of the following provisions are met: 1) A notice of the limited meeting is provided; 2) Minutes of the limited meeting will be made available OR the host community group's Minutes are provided; 3) No decisions by Councilmembers will be made at the limited meeting; 4) No more than one limited meeting per month shall be held by the Council for any one board or community group; 5) The limited meeting shall be held in the State of Hawaii; 6) The limited meeting is not being used to circumvent the purpose of the Sunshine Law; and (7) Unless the requirement is waived by OIP, the meeting must be videotaped and the tape made available at the next Counil meeting. This checklist document also provides the means for the County Council to request a waiver of the videotape requirement under Section 92-3.1(c)(1), HRS, from the Director of OI P. In response to a question, Director Kakazu-Park noted that to date, her office has not received a videotaping waiver request and would have to evaluate each request on a case-by-case basis. In response to another question, Director Kakazu-Park urged any county council that believes it might have a quorum of its members at any community meeting to abide by the provisions of the limited meeting law. Otherwise, for attendance by Councilmembers who constitute less than a quorum, other community meeting permitted interactions (e.g. Section 92-2.5(e), HRS) are already authorized under the Sunshine Law. Director Kakazu-Park stated that OIP has a service called "Attorney of the Day" (AOD) that is available for counties to call and seek advice regarding specific Sunshine Law questions. The AOD will provide over -the -phone answers to questions, and if requested, will e-mail the answer within 24 hours to the questioner to have in writing, although this does not constitute a full OIP opinion. Moreover, Director Kakazu-Park, in response to a comment that the State Legislature is exempt from the Sunshine Law, noted that there is no state legislature in the nation that is subject to a sunshine law, given the logistical problem of trying to enforce such a law on a body so large. Finally, OIP provided advice on how to exchange documents without generating complaints that these transactions constitute a discussion or communication among members. What should be avoided is an e-mail sent from one member to others referring to an attached document the Page 5 of 9 day before a council meeting. Director Kakazu-Park suggested appointing one staff member or office to be the central collection point where councilmembers can submit documents. Documents should be factual and not editorial. Members who want to submit material or documents ahead of a scheduled meeting should be given a deadline to submit materials to the central collection point, which then would collect and distribute all materials to all members as a type of legislative packet, eliminating the possibility of a back -and -forth discussion among members. A motion was made, seconded and approved to receive the OIP presentation, as Item (E.) on the agenda. (NOTE: At this point, President Rapozo returned to Item (A.) at the beginning of the Agenda category: New Business.) A. Communication (January 13, 2015) from Council Chair Ernest Y. Martin and Council Vice Chair Ikaika Anderson, Honolulu City Council, transmitting the 2014 HSAC Annual Conference Report. Once again, Secretary Anderson thanked all the counties for their participation in a successful conference. A motion was made, seconded and approved to receive the item. B. Communication (February 24, 2015) from County Clerk Stewart Maeda, County of Hawaii, transmitting Resolution No. 71-15, Draft 2, regarding the nomination of Councilmember Danny Paleka to serve as a Director on the Western Interstate Region (WIR) Board of Directors, which was approved by the Hawaii County Council on February 18, 2015. There being no discussion or opposition, the nomination was approved. C. Discussion regarding the 2015 Hawaii State Legislative Session. President Rapozo asked Kauai staffer Ashley Bunda to brief the committee on state legislative items. Ashley reported that two HSAC Package bills were still alive at First Crossover at the Legislature: HB 197 amends the amount of Transient Accommodations Tax revenues allocated to the counties from a specified sum to a percentage of the revenues collected for the counties, in order to address visitor industry impacts on county services and tourism -related infrastructure. SB 409 clarifies county zoning by allowing amortization or phasing out of nonconforming single- family transient vacation rentals over a reasonable period of time. Ashley further noted several House and Senate bills that, while not HSAC Package legislation, would impact the counties, including bills that would Page 6of9 extend the GET surcharge and allow all counties to implement the surcharge, assist the Hawaii Health Systems Corporation and strengthen community hospitals, and provide that video testimony be allowed as evidence in the judiciary. A motion was made, seconded and approved to receive the item. D. Discussion and consideration of legislative bills that contain the same language and/or intent as the bills in the 2015 HSAC Legislative Package. As part of her presentation on Item (C.), Kauai staffer Ashley Bunda noted that other legislative bills that have similar language to HSAC Legislative Package bills cannot be adopted into the HSAC Package. However, she also noted that councilmembers could testify in support of these measures as individuals. (NOTE: At this point, the Executive Committee members engaged in a lengthy discussion regarding current and future strategies at the Legislature given the lack of HSAC measures that pass every year. Issues discussed included the counties relationship with the Legislature, the seeming lack of county power versus the State, the value of lobbying, and other related issues.) President Rapozo stated that the best way to deal with the remaining bills that were either similar to HSAC Package bills or were important to HSAC would be to send a letter from HSAC to the various legislative chairs in support of these bills. Vice President Onishi stated that he planned to be on Oahu on March 241' in order to meet with legislators regarding the remaining HSAC Package bills and other measures of interest, and invited other members to join him. A motion was made, seconded and approved to receive the item. (President Rapozo called a recess at 12:20 p.m. and the Executive Committee reconvened at 12:40 p.m. At this juncture, the Committee picked up at Item (F.), since Item (E.) was taken up earlier in the agenda.) F. Discussion and consideration of the Fiscal Year 2015-2016 Annual Operating Budget. Treasurer Victorino presented proposed HSAC Annual Operating Budget for Fiscal Year 2015-2015 that included a rationale sheet for each line item. He noted that revenues and expenditures on the balance sheet equaled $171,872. Page 7 of 9 President Rapozo asked whether it would be possible to invest HSAC funds in a Certificate of Deposit in order to generate more interest income than the $28 listed in the proposed budget. Treasurer Victorino replied that he would seek guidance from the HSAC auditor in order to ensure that governmental regulations would not be violated or negative tax ramifications incurred by such a move. The proposed HSAC Annual Operating Budget for Fiscal Year 2015-2016 was approved. G. Discussion and consideration of the new authorized signers on the HSAC Conference checking account with Bank of Hawaii for the 2015 HSAC Annual Conference to be held on Maui. Treasurer Victorino referenced a Communication (March 4, 2015) from him requesting authorization of certain signatories for the HSAC Bank Account and Checks: Michael P. Victorino, HSAC Treasurer; Mike White, Maui County Council Chair; and Riki Hoksma, HSAC Alternate. In addition, Treasurer Victorino requested the authorization of Mike White and himself as signatories for the 2015 HSAC Conference Bank Account and Checks. The request for signatory authorization was approved. VII. ANNOUNCEMENTS A. Schedule the next meeting: Monday, April 27, 2015, Honolulu City Council Committee Room, 10:00 a.m. B. Other announcements. Maui staffer Kit Zulueta announced that the dates and the venue for the 2015 HSAC Conference have been determined. The conference will run from June 24 through June 26, 2015, at the Makena Beach & Golf Resort in Wailea-Makena, Maui. Kit reported that sponsors are currently being sought and the program is being drafted, with updates to follow. Kauai staffer Ashley Bunda reminded the Committee members that the approved HSAC Operating Budget now needs to be approved by each county council by April 15, 2015. Treasurer Victorino stated that he would send a memorandum requesting each county chair to approve the HSAC Operating Budget, which would be attached. Page 8 of 9 Treasurer Victorino reported that the Maui Office of Council Services has suggested that HSAC should have its own dedicated website, rather than piggybacking on the various county websites from year to year. This would allow HSAC to market itself as a serious and quality organization, and provide stability and consistency for people looking for information about HSAC. Treasurer Victorino noted that some vendors have quoted rates ranging from $20 for "HSAC.us" to $800 for "HawaiiCounties.com" to purchase a domain name. Noting the need to do more homework on this matter and come up with a solid proposal to submit to the Executive Committee, Treasurer Victorino concluded that he would prepare a proposal for the Committee to consider at the next Executive Committee meeting in April. VIII. ADJOURNMENT The meeting was adjourned at 1:02 p.m. Respectfully submitted, IKAIKA ANDERSON, Secretary Hawaii State Association of Counties Page 9of9