HomeMy WebLinkAboutCOM 0313.015 2014-2016 DENNIS "FRESH" ONISHI `o�M�V of„' PHONE: (808)961-8396
FAX: (808)961-8912
Council Member
District 3 _ EMAIL:donishi;
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Hawaii State Association of Counties (HSAC) ` %f9.
Counties of Kaua`i, Maui, Hawai`i and City & County of Honolulu I z`
Ns COL'S
MINUTES
HSAC EXECUTIVE COMMITTEE MEETING
August 22, 2016
Honolulu Hale, Committee Meeting Room
530 South King Street
Honolulu, Hawai`i 96813
CALL TO ORDER
The HSAC Executive Committee was called to order by HSAC President and
County of Maui Councilmember Michael Victorino at 10:03 a.m. The
following members comprising a quorum were present:
County of Maui: President Michael Victorino,
County of Maui Councilmember
County of Hawai`i: Vice President Dennis "Fresh" Onishi,
County of Hawai`i Councilmember
County of Kaua`i: Secretary Mel Rapozo,
County of Kaua`i Council Chair
City and County of Honolulu: Treasurer Ikaika Anderson,
City and County of Honolulu Councilmember
Others Present: Gladys C. Baisa, County of Maui Councilmember
Valerie Poindexter, County of Hawai`i
Councilmember
Honolulu staff Lisa-Ann Kimura, Staff Attorney,
Office of Council Services;
Honolulu staff Brandon Mitsuda, Council Liaison,
Honolulu City Council Administrative Support
Services;
Honolulu staff Francisco Figueiredo, Legislative
Aide, Office of Councilmember Ikaika Anderson;
Honolulu Intern Nelson Mukai, Office of
Councilmember Ikaika Anderson;
County of Maui staff Kit Zulueta, Communication
Director, Office of Council Services;
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4.?3,14Kaua`i staff Aida Kawamura, Legislative Assistant,
Office of Council Services;
Nelissa Asato, Special Assistant to Mayor Kirk
Caldwell, City & County of Honolulu;
Scott Ishikawa, Becker Communications, Inc.
II. APPROVAL OF AGENDA
Secretary Rapozo moved for approval of the Agenda as circulated, seconded by
Vice President Onishi, and unanimously carried.
III. MINUTES
A. Minutes of the July 8, 2016 HSAC Executive Committee meeting, as
submitted by the HSAC Secretary.
Secretary Rapozo moved for approval of the Minutes of the July 8, 2016
HSAC Executive Committee Meeting, seconded by Vice President Onishi,
and unanimously carried.
IV. REPORTS
A. Treasurer's Report
1. Treasurer's Report for the months of June and July 2016, as
submitted by the HSAC Treasurer.
Vice President Onishi moved to approve the HSAC Treasurer's
Reports for the Months of June and July 2016, seconded by
Treasurer Anderson, and unanimously carried.
B. County Reports
1. City and County of Honolulu Report. Treasurer Anderson reported
that the City Council passed on final reading Bill 36, related to
private transportation services and drivers, which establishes
regulations applicable to drivers of private transportation services,
as well as creation of a central database of information pertaining
to drivers of private transportation services, which includes both
taxicab companies and transportation network companies. In
introducing this measure, Councilmember Kobayashi's goal was to
ensure the health, safety, and wellbeing of passengers, citizens,
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and guests in Honolulu, and that drivers operate vehicles in a safe
manner. Mayor Caldwell allowed Bill 36 to become law without
his signature for various reasons.
On August 18, 2016, the City Council hosted past members of the
City Council at a rededication of the Hall of Members gallery
located on the second floor of Honolulu Hale. Pacific Gallery and
Trophy House assisted with the retouching and restoration of
many of the historic pictures of former councilmembers. Included
among these notable members are Governor Neil Abercrombie and
Congresswoman Patsy T. Mink.
Honolulu City Council continues its discussion with the Edogawa
City Council Members, Japan, towards strengthening
relationships between the two cities.
Regarding the cash-strapped rail project stalled at this point to
reach Middle Street with available finances, Treasurer Anderson
suggested that HART (Honolulu Authority for Rapid
Transportation) meet with the Federal Transit Administration
(FTA) to request an amendment to the full-funding grant
agreement and minimum operable segment (MOS) from East
Kapolei to Ala Moana Center to allow the MOS to terminate at
Middle Street, with the understanding that the City would then be
bound to enter into another agreement with the federal
government to extend the rail to UH Manoa via Ala Moana Center.
This would allow the City to remain in compliance with the
full-funding agreement. Treasurer Anderson surmised majority
support from colleagues on the City Council for the rail going to
Ala Moana Center and who do not support an indefinite terminus
at Middle Street; indefinite meaning there are no plans to reach
Ala Moana Center.
2. County of Hawai`i Report. Vice President Onishi reported that
Hawai`i County Council adopted a resolution establishing a task
force made up of twenty-plus members (State government, County
government, public sector) to look into styrene products. The task
force report is due to the Council prior to the first meeting in
December 1, 2016.
Vice President Onishi summarized the 2016 HSAC Conference
Report (see attachment hereto). He noted some of the problems
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they experienced while planning the conference. Beginning in
October 2015, they selected the University of Hawai`i at Hilo
Conference Center to assist with the conference planning.
Unfortunately, the Conference Center was unable to fulfill their
commitments of securing speakers, organizing the website and
conference registration, and requested to withdraw from their
commitment in April 2016. Hawai`i County agreed and both
parties came to a compromise on the amount due for the services
the Conference Center provided. There were a total of 163
registered conference attendees and 60 golf participants. Vice
President Onishi expressed his appreciation to Maui County for
registering a number of Maui County staff members for the
conference, primarily from the Planning Department. He added
that he encouraged various Hawai`i County departments to
participate as well. Vice President Onishi reported that a Farm
Bureau Conference and a Legislative Leadership Conference were
scheduled for the same dates on O`ahu, and were a contributing
factor affecting participation at the HSAC Conference. The net
profit from the conference is $14,155.43 (total income was derived
as follows: 30% registration, $10% golf, and 60% sponsors and
donations). Vice President Onishi thanked the conference
co-sponsors: Big Island Candies, Hawaiian Airlines for the special
conference roundtrip airfare, Kohanaiki for their sponsorship of
the golf tournament, and Sheraton Kona Resort & Spa
at Keauhou Bay, the Hawai`i County Council staff for their work
in coordinating the conference and various events, and
everyone for their participation and assistance in making the
conference successful.
Vice President Onishi also noted that Roberta Chu, Vice President,
Bank of Hawai`i Hilo Branch, informed him that at their
statewide meeting, Bank of Hawaii committed their support for
HSAC and being an HSAC conference sponsor with a donation
of$5,000 annually.
President Victorino reviewed the conference financial report and
recommended that future conference financial reports include
information regarding the seed money provided by HSAC, which
will accurately reflect moneys coming in and going out, regardless
of the seed money being returned to HSAC prior to closing of the
conference account.
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3. County of Kauai Report. Secretary Rapozo reported that the
Kaua`i County Council deferred the additional rental unit (ARU)
measure in committee because it was limited to the Lihu`e District,
and requested that the Planning Department submit a new
proposal that would address ARUs islandwide.
Secretary Rapozo requested to be informed if any member has
knowledge of any events that are scheduled in the month of
June 2017 that would affect attendance at the 2017 HSAC Annual
Conference on Kaua`i. This information would help facilitate
securing of the conference dates. For the conference hotel,
consideration is being given to properties that provide airport
shuttle, thereby reducing the need for participants to rent a car.
The Kauai Marriott Resort and Aqua Kaua`i Beach Resort both
offer airport shuttles to/from their properties, but the costs at the
Marriott are significantly higher. A conference golf tournament
will be included. The topics presented at the conference should be
relevant to each county, such as real property taxes, etc. He invited
members to voice their interests in any topic that may be a
statewide issue, for consideration as part of the conference. One
idea is to have a legislative session where key state legislators
would be present to speak on the State Legislature's relationship
with the counties and how to accomplish goals and objectives.
Vice President Onishi stated that feedback from the HSAC
conference in Kona was that it is important that conference topics
relate to the fields of planning, land use, etc., to attract
participation from landowners, developers, consultants, etc.
Secretary Rapozo added that he met with NOAA (National Oceanic
and Atmospheric Administration) representatives, who informed
him that NOAA will be seeking protection of spinner dolphins and
are looking at establishing restrictions for Maui and the Big Island.
Kaua`i has no activities involving spinner dolphins, so there are no
protective zones being recommended for Kaua`i. NOAA continues
to have a grave effect on the economies of the islands as they
become more and more successful at limiting activities in and
surrounding the islands. Protective species is a big issue at WIR,
and this issue will be considered for presentation at the
HSAC conference.
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4. County of Maui Report. President Victorino reported that the
Budget & Finance Committee recommended the acquisition of 267
acres of north shore property from A&B located in the area of
Peahi, also known as "Jaws." Uses on this land still need to be
decided, but will serve multiple purposes, such as, agriculture,
culture, equestrian, possible dirt biking, etc. President Victorino
noted that the County of Maui has purchased close to one
thousand acres of property since 2006, and Councilmember Baisa
has voiced concern over management of the property and liability.
The Water Resources Committee is working on addressing the
pending water meter list for upcountry properties, and seeking
methodologies to "whittle down" the numbers on the list. One
option being considered is increasing the limit on the number of
fixtures allowed before requiring an upgrade to the existing meter.
This measure would be applicable to other areas of the island and
allow some expansion that does not require a meter upgrade.
A proposed Charter amendment is seeking to require Council
approval of managing directors for finance, public works, parks
and recreation, housing and human concerns, transportation,
environmental management, and the managing director; currently,
the Council approves the water director, prosecuting attorney, and
corporation counsel. This amendment would give the Council more
interaction and transparency, and provide the public an
opportunity to provide testimony. Another Charter Amendment
proposes that county council staff attorneys have the authority to
render formal legal opinions to councilmembers.
The access road to Kahului Airport just opened. This is
a $56 million project that is still ongoing. The State Commission
on Water Resource Management unanimously rejected a fine for
John and Rose Duey for installing a stream diversion in the
Wailuku River for growing taro, and instead issued them a permit
for the diversion.
Maui County is close to final approval of three hospitals (Maui,
Kula, and Lana`i) to be under the management of Kaiser
Permanente Health System. Recently, the UPW (United Public
Workers) challenge was thrown out, and the ERS (Employees
Retirement System) issue has been remedied. Smaller issues are
close to being resolved, in the hopes that the changeover will be
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completed in November 2016. West Maui Hospital had its
groundbreaking on August 15, 2016. The West Maui Hospital
facility will provide urgent care, ambulatory care, and also long
term and senior services. On August 23, 2016, the Maui County
Council will honor the life of the late Mayor Elmer Carvalho, who
is considered the most influential politician in Maui County's
history, and was the Speaker of the House who received the call
from Washington, D.C., in 1959 with information that Hawai`i had
become a state.
Treasurer Anderson moved to receive the foregoing County
Reports for the record, seconded by Vice President Onishi, and
unanimously carried.
C. National Association of Counties (NACo) Report
Vice President Onishi stated that the NACo report is being finalized and
will be submitted at the next meeting.
There being no objections, the NACo Report was deferred.
D. Western Interstate Region (WIR) Report
There was no WIR report.
V. NEW BUSINESS
A. Communication from Kaua`i County Council Chair Mel Rapozo
submitting four State bills for inclusion in the 2017 Hawai`i State
Association of Counties Legislative Package, as approved by the Council
on August 3, 2016. The bills have the following respective purposes:
1. To delete the sunset provision for the liability exceptions for
county lifeguards.
2. To direct the traffic fines and forfeitures collected for uncontested
traffic infractions to the county in which the citation was issued.
3. To exempt from civil service positions of non-elected chief
executive officers or heads of the executive branch of county
government.
4. To appropriate funds to the Department of Health for Fiscal
Year 2018 for the purchase of an ambulance vehicle and the
operational costs for one ambulance unit, including equipment,
supplies, and personnel costs for State-certified emergency medical
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services personnel, for a 24-hour ambulance unit for the County
of Kaua`i.
President Victorino clarified that September 9, 2016 is the deadline for
all Councils to pass their legislative proposals for recommendation to
HSAC. Today's meeting was scheduled to discuss all proposals. He
recognized that not all Councils will be able to finalize their
recommendations by September 9, and stated that proposals need to be
submitted no later than by the end of September, which will provide
sufficient time for the package to be finalized in October. President
Victorino stated that he will not accept any proposals submitted from
that point forward.
Secretary Rapozo stated the importance of item no. 1, which needs to be
addressed by the Legislature during the upcoming legislative session
because immunity for county lifeguards sunsets on June 30, 2017. Item
no. 2 proposes a solution for generating revenue for the counties.
Secretary Rapozo hoped the discussion on this proposal would result in
some form of recuperation derived from unadjudicated traffic tickets.
Item no. 3 is a proposal by Kaua`i County Councilmember JoAnn A.
Yukimura. Secretary Rapozo said that he supported this measure to
allow HSAC to have a discussion on the merits of the proposal. This
proposal relates to creating a county-manager form of government and
would allow the county manager to be appointed by the council rather
than be classified as a civil service employee. Item no. 4 was requested
by the Kaua`i Branch of American Medical Response (AMR). At the past
legislative session, the Legislature rejected AMR's request for new
ambulances for three counties, noting that funds were not available for
the requested three new ambulances. AMR submitted another request
for a rapid response service that gained traction, but ultimately did not
pass. Statewide, the organization agreed to a unified approach of
requesting one new ambulance per year that would be awarded on a
rotational basis to one of the counties. AMR prioritized the islands based
on need, and Kauai was found to have the least number of ambulances
at five. AMR agreed that Kaua`i would be the first to receive an
ambulance, which costs approximately $1.2 million.
The same items were forwarded to Mayor Bernard P. Carvalho, Jr., for
concurrence to include in Kaua`i County's Legislative Package, and the
mayor approved of items nos. 1, 2, and 4.
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President Victorino stated that although there is no agenda item, he
would like a discussion regarding collective bargaining. His research
found that there is no law that prohibits the councils from participating
in collective bargaining negotiations, and it has just been the "practice"
that the Administration represents the counties during these bargaining
negotiations. The Councils are responsible for the counties' budgets and
should understand the reasons behind the requests for various increases,
rather than being blocked from acquiring a better understanding of
the requests by the Administration claiming nondisclosure due
to confidentiality.
Councilmember Gladys Baisa, County of Maui, informed of her
conversation with Senator Roz Baker, who did not see any reason that
prevented the councils from being informed about bargaining
negotiations during an executive session meeting. Senator Baker felt
that it was just a precedent that the councils should seek to change.
Councilmember Baisa stated that more research is needed to determine
what the Council can and cannot know. It is not fair that negotiations
happen and the council is handed the bill, and now needs to figure out
how to fund it. Councilmember Baisa noted that as soon as collective
bargaining results in arbitration, negotiations stop. She stated the
importance of delaying this occurrence to allow additional discussion
towards an agreement. President Victorino added that arbitration was
included in the collective bargaining process to prohibit the unions
from striking.
President Victorino related collective bargaining to the Transient
Accommodations Tax matter stating that a good chunk of the money
being requested to be reinstated to the counties needs to be taken into
consideration as part of the negotiations. This would behoove the various
unions to support the counties' efforts for an increased share of the TAT.
President Victorino stated that the counties need strong partners in the
unions. The general public is not educated on how TAT works, and they
are only motivated at the mention of raising real property taxes.
President Victorino requested that each county inform him of when the
respective counties will be able to consider proposals for the HSAC
Legislative Package. He stated his preference of finalizing the HSAC
Legislative Package in October, so that HSAC will be ready to move
forward with its media plan.
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Ambulance Service. Vice President Onishi stated that two years ago,
Hawai`i County received an offer to donate an ambulance to West
Hawai`i, which required the Department of Health (DOH) to approve the
necessary staffing. This one location did not have EMS service, so DOH
was required to provide the staffing. Vice President Onishi stated that a
State Representative told him to raise real property taxes to fund this
need. Secretary Rapozo stated that this request to the Legislature is to
fund one ambulance service per year at a cost of $1.2 million, which
includes the ambulance and staff. Vice President Onishi reported that
because of the distance involved in Hawai`i County, and depending on the
number of calls, ambulances travel about 100,000 miles per year. The
lifespan on the ambulance is 200,000 miles, after which it starts to break
down and creates other problems. Further discussion revealed that
ambulance/emergency services are structured differently in each county.
President Victorino recommended that this item be deferred to the next
meeting, with a request that AMR/EMS representatives be present to
explain and provide information regarding their proposal.
Collective Bargaining. Vice President Onishi stated his understanding
that each county has approved special counsel representation for the
Hawai`i Fire Fighters Association (HFFA) case. Secretary Rapozo noted
that the Administration recommended sending the HFFA matter to
court, and the council approved the funding to hire special counsel.
Members agreed that the counties cannot sustain HFFA's continued
request for increases.
Secretary Rapozo moved to approve item no. 1 for inclusion in
the 2017 HSAC Legislative Package, seconded by Vice President
Onishi, and unanimously carried.
Unadjudicated Traffic Fines. Secretary Rapozo asked if there were any
objections to this measure. President Victorino voiced his objection,
noting that he would like to discuss it further. He stated that he
gathered information during Maui Council's budget process that shows
that it costs approximately $17-$18 million to administer Maui County's
judicial system, while funds derived from unadjudicated traffic fines were
approximately $5.5-$6 million. President Victorino stated that members
need to research their respective county's judicial administration costs
versus the fines collected to understand the disparity, because he is
against pushing an issue like this that may result in the responsibility
for the court system being given to the counties. Councilmember Baisa
mentioned her discussion with Speaker Joe Souki in that he does not
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believe the counties would benefit much from it. Councilmember Baisa
added that it will cost the counties more than the amount received from
unadjudicated fines, as well as there would be that temptation for the
State to turn over operations of the court system to the counties.
President Victorino noted that the court systems were administered by
the counties in the past. Secretary Rapozo requested clarification
regarding comments made regarding the State's expenses related to
unadjudicated fines. Treasurer Anderson questioned the same comments
and stated that it just involves opening the envelope and cashing the
check. The county's police officers issue the citations and the county
prosecutor charges the violation. Vice President Onishi noted that there
have been past unsuccessful attempts requesting for a portion of the fines
for the counties and the legislature never moved on it. Secretary Rapozo
stated that HSAC acted to remove the measure from the legislative
package because Speaker Souki was against it, but it may be time to
revisit the issue and try again.
Secretary Rapozo stated that legislators are highly aware that it is
difficult to raise the general excise tax in the counties during an election
year. He used a scenario where the State approaches the counties
recommending a $2.50 or $5 surcharge on all unadjudicated fines; he did
not feel such a proposal would be opposed by the counties, the realtors,
and the general public. The State would not be losing any revenue by
creating an additional surcharge on unadjudicated fines, and he went
further by saying that a county surcharge should be placed on all tickets
written by the police. Secretary Rapozo asserted his belief that the
counties should be given authority to establish a county surcharge on
rental vehicles or hotel rooms. Vice President Onishi agreed with the
idea and asked Secretary Rapozo if he is making such a proposal.
Secretary Rapozo stated that the measure on the agenda was written
broadly to allow discussion to a point where members agree on what
methodology to use. There are many different variations where the
counties can benefit and the State will not lose money. President
Victorino expressed his willingness to support a county surcharge and
discussing it with fellow Maui County Councilmembers. He agreed that
if the measure is massaged to ensure that the State loses nothing and the
counties receive a benefit, he could support it.
Vice President Onishi moved to defer action on items nos. 2, 3,
and 4 to the next HSAC Executive Committee Meeting, seconded
by Secretary Rapozo, and unanimously carried.
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B. Proposal from Becker Communications relating to public relations and
media strategy for the 2017 State Legislature Session.
Scott Ishikawa, Becker Communications, Inc., (BCI) reviewed the
proposed Media Communications Strategy/Timeline (September 2016 —
May 2017), which is attached hereto and incorporated herein.
Mr. Ishikawa explained that staying with three to four priority issues is
not only to keep the public focused, but it also keeps the media focused.
President Victorino stated his goal of HSAC coming out of the gate
strong, and that HSAC not play a secondary role to the mayors.
Vice President Onishi stated that councilmembers may have other
proposals they would like to submit. He was unaware as to whether
Hawai`i County would have any proposals for the upcoming legislative
session. He asked what experience BCI has with the legislative process.
Mr. Ishikawa noted that certain clients do have measures that are before
the Legislature, and BCI developed a communications strategy for their
needs. Mr. Ishikawa explained that BCI is not licensed to act as a
lobbyist for clients, and HSAC would need to secure lobbying services
from another entity if that is the direction HSAC decides to take. Vice
President Onishi added that it is also vital that the Governor support
HSAC's position.
Secretary Rapozo believed that for the transient accommodations
tax ("TAT") measure, removal of the cap on 7.25% is preferred because
Senate President Ron Kouchi had mentioned his support for this action.
Personally, if the Legislature can commit to not opposing the removal of
the cap on 7.25%, that should be the strategy for TAT.
President Victorino had no opposition to involving Governor Ige. Mike
McCartney has invited President Victorino to talk story on some of these
issues, and that meeting will occur this afternoon.
Councilmember Baisa stated that it is very important that HSAC set up
and lock in a good plan now, and make commitments now, so that the
follow-through by incoming members goes smoothly. The carryover by
people knowledgeable of the plan and the reasons therefor is crucial in
being able to implement the plan, because several current HSAC
representatives will not be in office come January.
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Councilmember Valerie Poindexter stated her support for the proposed
communications plan, which she believed will get the governor involved
because the plan involves the public. Governor Ige is currently
campaigning for the upcoming governor's race, and will need to listen to
the people. This strategy is very valuable and can work.
President Victorino stated that the key is formulating HSAC's priorities
that the four counties can agree with, and focus should be on the top
three or four issues. He agreed that the communications plan is the
roadmap for HSAC to be successful.
Vice President Onishi requested that HSAC schedule a meeting with
Governor Ige during August or September, because the Governor may be
in the process of formulating his budget. If HSAC can convince Governor
Ige to support HSAC's position regarding the TAT, one-half of the battle
is done. Secretary Rapozo stated that Governor Ige opposes any
TAT increase for the counties.
Councilmember Baisa questioned whether HSAC had funds available to
commit to engaging BCI. She also asked whether HSAC will be
considering setting aside funds for a dedicated staff person to work
alongside with BCI. President Victorino stated that the matter of an
HSAC staff person should be discussed at the next meeting, and that BCI
will be submitting a funding proposal for HSAC's consideration.
Vice President Onishi moved to defer action on this matter until
the next Executive Committee meeting, seconded by Secretary
Rapozo, and unanimously carried.
C. Two proposed State bills from HSAC President Michael P. Victorino. The
bills have the following respective purposes:
1. To allow members of a county council to jointly attend and speak
at community meetings where informational presentations
are made.
2. To remove the cap and increase the counties' share of the transient
accommodations tax revenue.
Secretary Rapozo noted that Maui County Council has not addressed
these measures to forward their recommendation for HSAC's
consideration. The measures appear on the agenda for informational
purposes only.
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VI. ANNOUNCEMENTS
A. Scheduling of the next meeting.
The next Executive Committee meeting is scheduled for Monday,
September 26, 2016, from 10 a.m. — 5 p.m. on O`ahu.
B. Other announcements.
There were no other announcements.
VIII. ADJOURNMENT
The meeting was adjourned at 12:30 p.m.
Respectfully submitted,
WWVA:r-4
MEL RAPOZO, Secretary
Hawai`i State Association of Counties
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Counties of Kaua`i, Maui, Hawai`i and City & County of Honolulu
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MINUTES
HSAC EXECUTIVE COMMITTEE MEETING
September 26, 2016
Mission Memorial Meetings Room
550 South King Street
Honolulu, Hawai`i 96813
I. CALL TO ORDER
The HSAC Executive Committee was called to order by HSAC President and
County of Maui Councilmember Michael Victorino at 9:22 a.m. The following
members comprising a quorum were present:
County of Maui: President Michael Victorino,
County of Maui Councilmember
County of Hawai`i: Vice President Dennis "Fresh" Onishi,
County of Hawai`i Councilmember
County of Kaua`i: Secretary Mel Rapozo,
County of Kaua`i Council Chair
City and County of Honolulu: Treasurer Ikaika Anderson,
City and County of Honolulu Councilmember
Others Present: Gladys C. Baisa, County of Maui Councilmember
Honolulu staff Lisa-Ann Kimura, Staff Attorney,
Office of Council Services;
Honolulu staff Brandon Mitsuda, Council Liaison,
Honolulu City Council Administrative Support
Services;
Honolulu staff Francisco Figueiredo, Legislative
Aide, Office of Councilmember Ikaika Anderson;
Honolulu Intern Nelson Mukai, Office of
Councilmember Ikaika Anderson;
Mary Schmidtke, Senior Advisor, Office of
Councilmember Brandon Elefante, City &
County of Honolulu
County of Maui staff Kit Zulueta, Communication
Director, Office of Council Services;
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Kaua`i staff Aida Kawamura, Legislative Assistant,
Office of Council Services;
Scott Ishikawa, Becker Communications, Inc.
II. APPROVAL OF AGENDA
Vice President Onishi moved for approval of the Agenda as circulated, seconded
by Treasurer Anderson, and unanimously carried.
III. MINUTES
A. Minutes of the August 22, 2016 HSAC Executive Committee meeting, as
submitted by the HSAC Secretary.
Vice President Onishi moved for approval of the Minutes of the
August 22, 2016 HSAC Executive Committee Meeting, seconded by
Secretary Rapozo, and unanimously carried.
There being no objections, public testimony was received out of order relating to
emergency medical services.
Primary speaker — Ian Santee, Deputy Director, Honolulu Emergency Services
Department
Others present — Mark Rigg, Director, Honolulu Emergency Services
Department
Clay Chan, Department of Health Emergency Medical Services Injury
Prevention Branch
Speedy Bailey, Vice President, AMR Hawai`i
Tito Villanueva, AMR Hawai`i — Kaua`i
Mr. Santee provided a brief summary of the history of emergency medical
services in Hawai`i.
Mr. Chan extended his apologies for the absence of Dr. Alvin C. Bronstein from
the HSAC Meeting as he was traveling out of state and expressed the positive
relationship between the State and provider agencies. President Victorino
expressed his appreciation to the State and provider agencies for their services.
President Victorino inquired as to how much reimbursement the State receives
from AMR services. Mr. Chan stated that approximately $42 million is
reimbursed to the State through reimbursements from cases that are
transferred to a medical facility.
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Mr. Santee clarified that the provider agencies are attempting to put forth
before the State Legislature a concerted effort to obtain funding approval, which
includes one (1) ambulance for Hawai`i County and another for Kaua`i County
in the fiscal year 2018 biennium budget, as requested by the provider agencies.
The request for fiscal year 2019, the request is for an ambulance for the
Kaka`ako area. All provider agencies have agreed to support each other's
proposals.
Secretary Rapozo clarified that when the emergency medical services proposal
before HSAC is discussed, the Committee should discuss amending the proposal
to include the County of Hawai`i ambulance service so that the HSAC proposal
is consistent with what the State and provider agencies are lobbying for.
Mr. Rigg explained to the Committee that the State EMS Department is
working hard under Dr. Bronstein's leadership to put forth a unified effort with
the partner agencies.
EMS representatives clarified upon an inquiry from Vice President Onishi that
the County of Maui's needs have not been identified as critical for the two
biennium budgets that have been requested, but that needs could change and
requests could be further amended. It was also stated that should funding be
available for only one (1) ambulance the State Legislature would be the deciding
body. If the decision is left to the State EMS Department, the data would
justify any further decisions as to the order of priority. The representatives also
stated that in the past three (3) years, no funding was received for new
ambulances.
Vice President Onishi stated that the Volcano area unit was provided by County
funding.
President Victorino stated that Ma'alaea has a response vehicle unit that was
put in place in 2013.
EMS representatives clarified that the State EMS Department and the partner
agencies are doing their best to convince the State Legislature to put funding
towards this effort and to show them the financial benefit that the EMS services
provides in generating revenue to offset any perceived notion of the cost to
provide these services.
Secretary Rapozo stated that he will work to prepare an amendment to identify
two (2) ambulances for the County of Hawai`i and the County of Kaua`i.
Secretary Rapozo further stated that if funding is only provided for one (1)
ambulance, that he would prefer that the State EMS Department and partner
agencies deal with prioritization of which county would receive the funding.
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Vice President Onishi asked the EMS representatives to let HSAC know if the
priorities for the State EMS group change so that HSAC can lobby
appropriately.
IV. REPORTS
A. Treasurer's Report
1. Treasurer's Report for the month of August 2016, as submitted by
the HSAC Treasurer.
Vice President Onishi moved to approve the HSAC Treasurer's
Report for the Month of August 2016, seconded by Secretary
Rapozo, and unanimously carried.
B. County Reports
1. City and County of Honolulu Report. Treasurer Anderson reported
that the Legislative Branch is preparing for Honolulu City Lights
and the Honolulu City Legislative Christmas Tree display at
Honolulu Hale. He further reported that discussions related to the
Rail Project are underway to find a way forward to get the transit
system past Ala Moana Shopping Center and as far as the
University of Hawai`i at Manoa which includes a proposal to the
Federal Transit Administration (FTA) to consider allowing the
City and County of Honolulu to amend the full-funding grant
agreement to Middle Street instead of Ala Moana Shopping Center
and then partner with the Federal government on the extension
that runs to UH-Manoa via Ala Moana Shopping Center.
Treasurer Anderson stated that the Council is also entertaining a
proposal he introduced related to a permitted interaction group to
investigate funding options for the Rail Project with State, City,
and Federal officials and another proposal which establishes a
Council position regarding extension of the County's surcharge on
the State General Excise Tax and a permitted interaction group to
present, discuss, and negotiate the position with State officials.
Treasurer Anderson explained that his reasoning for these two (2)
proposals is to send a message to the State and others that there
are at least four (4) members of the City Council and a more
unified message regarding the funding and various other options
related to the Rail Project.
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2. County of Hawai`i Report. Vice President Onishi reported that a
Polystyrene Task Force has completed the second of three (3)
meetings, which has involved various stakeholders. Vice President
Onishi explained that the timeline for implementation of a
comprised solution may be too short of a time period.
3. County of Kaua`i Report. Secretary Rapozo reported that the
County of Kaua`i recently held the Hawai`i Congress of Planning
Officials (HCPO) Conference, where the County of Kaua`i received a
planning award. Secretary Rapozo stated that any waste to energy
efforts has been canceled by Mayor Carvalho.
4. County of Maui Report. President Victorino reported that Maui
County experienced very heavy rains which caused major damage
to various parks in the county. The estimated timeframe is 3-6
months before safety concerns and other structural concerns can be
addressed. President Victorino expressed his gratitude to the
many local, State, and Federal partners who have provided
support during this weather event and the aftermath. President
Victorino also stated that the County is currently working to
reinforce seawalls along Honoapi`ilani Highway due to erosion and
rising tides. President Victorino lastly explained that the County
and State partners have been participating in lively discussion
regarding the extension of Kahului Airport which has been
opposed by many environmentalists.
Vice President Onishi moved to receive the foregoing County
Reports for the record, seconded by Secretary Rapozo, and
unanimously carried.
C. National Association of Counties (NACo) Report
Vice President Onishi stated that the NACo report is being finalized and
will be submitted at the next meeting.
There being no objections, the NACo Report was deferred.
D. Western Interstate Region (WIR) Report
President Victorino moved to approve the WIR Report, as submitted by
Council Chair Mike White and Councilmember Daniel K. Paleka, Jr. The
report was written by Troy N. Hashimoto, Executive Assistant to Council
Chair Mike White, and dated September 1, 2016. The motion to approve
was seconded by Treasurer Anderson, and unanimously carried.
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V. UNFINISHED BUSINESS
A. Communication from Kaua`i County Council Chair Mel Rapozo
submitting four State bills for inclusion in the 2017 Hawai`i State
Association of Counties Legislative Package, as approved by the Council
on August 3, 2016. The bills have the following respective purposes:
1. To delete the sunset provision for the liability exceptions for
county lifeguards (Previously approved for transmittal to the
county councils).
2. To direct the traffic fines and forfeitures collected for uncontested
traffic infractions to the county in which the citation was issued.
3. To exempt from civil service positions of non-elected chief
executive officers or heads of the executive branch of county
government.
4. To appropriate funds to the Department of Health for Fiscal
Year 2018 for the purchase of an ambulance vehicle and the
operational costs for one ambulance unit, including equipment,
supplies, and personnel costs for State-certified emergency medical
services personnel, for a 24-hour ambulance unit for the County
of Kaua`i.
Secretary Rapozo moved to approve item number 2 (uncontested
traffic fines) for inclusion in the 2017 HSAC Legislative Package,
seconded by Treasurer Anderson, and unanimously carried.
Secretary Rapozo moved to approve item number 3 (civil service
exemption) for inclusion in the 2017 HSAC Legislative Package,
seconded by Vice President Onishi.
Secretary Rapozo explained that this item stemmed from the County of
Kaua`i's experience with discussions regarding establishing a County
Manager form of government and opinion received from the State
Attorney General on said matter.
Treasurer Anderson stated that he personally does not support the
County Manager system, but would support the proposal if HSAC decides
to include it in the legislative package.
Vice President Onishi and President Victorino expressed their opposition
to the proposal based on their counties' needs. President Victorino stated
that the Maui County Council received a conflicting opinion from their
corporation counsel regarding what would be needed to establish a
County Manager system, during their deliberations.
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The motion was then put and failed by a vote of 2:2 (Vice President
Onishi and President Victorino voting no.)
Action on item number 4 (EMS) was deferred, pending
amendments to be incorporated into the proposal for two (2)
ambulances, one (1) for Kaua`i County and one (1) for Hawai`i
County.
VI. NEW BUSINESS
A. Communication for Honolulu City Clerk Glen Takahashi submitting two
State bills for inclusion in the 2017 Hawai`i State Association of Counties
Legislative Package, as approved by the Council on September 7, 2016.
The bills have the following respective purposes:
1. To mandate the State Department of Health to adopt and
implement administrative rules to enforce residential and
commercial noise standards.
•Testimony in support submitted by Honolulu City
Councilmember Trevor Ozawa
2. To regulate operators of unmanned aircraft systems
•Testimony in support submitted by Honolulu City
Councilmember Brandon Elefante
Unmanned Aircraft Systems. Treasurer Anderson explained that
Councilmember Elefante submitted this proposal for inclusion in the
2017 HSAC Legislative Package to address concerns regarding the
increase use of drones.
Vice President Onishi asked whether the Federal Aviation
Administration (FAA) provided information as to whether the State or
counties could implement such regulations. Treasurer Anderson stated
that based on the information he has received, the counties or State could
move forward with such regulations. Vice President Onishi requested a
written statement from the FAA regarding this topic and referenced
Councilmember Elefante's written testimony.
President Victorino expressed the need for increased regulations and
rules due to experiences he has heard of drones invading the privacy of
citizens, but would like to see the documentation from the FAA.
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The FAA Frequently Asked Questions (FAQ) sheet related to unmanned
aircraft systems was distributed. President Victorino clarified that the
proposal is focused only on areas under county jurisdiction.
Vice President Onishi moved for approval of item number 2
(drones) for inclusion in the 2017 HSAC Legislative Package,
seconded by Treasurer Anderson, and unanimously carried.
Noise Standards. Treasurer Anderson explained that this proposal was
put forth by Councilmember Ozawa as his office has received numerous
noise complaints from various sources (speakers, construction, etc.).
Treasurer Anderson clarified that Councilmember Ozawa's proposal is to
improve enforcement and adopt rules to address residential and
commercial noise standards.
Secretary Rapozo expressed his support of the proposal as the County of
Kaua`i has also experienced many complaints from residents regarding
noise and the lack of rules or enforcement at the State level.
Councilmember Gladys Baisa stated concern in that the counties are not
notified of the processing of administrative rules and are not able to
provide testimony during that process. She also noted that this may be
an issue of homerule. Councilmember Baisa stated that this might be a
good proposal which could be further strengthened by county ordinances.
Vice President Onishi explained that as it relates to the raising of
chickens in a residential area, that is prohibited in the County of Hawai`i.
The raising of chickens is only allowed on agricultural land.
Vice President Onishi further explained that the County of Hawai`i does
have a specific ordinance related to barking dogs. He further stated that
his island also has concerns regarding noise from low-flying helicopters
and has received mixed messages about which jurisdiction has
responsibility for noise violations.
President Victorino stated the importance of bringing all stakeholders to
the table to discuss these types of issues and the responsibilities of each
stakeholder. President Victorino expressed concern with the homerule
issue and with equipping county personnel to carry out the enforcement
efforts to address noise. President Victorino stated that he would like the
counties to have the ability to establish noise rules and regulations and is
therefore unable to support Councilmember Ozawa's proposal.
President Victorino further stated that this proposal is not the method to
address the outcome that Councilmember Ozawa would like to realize.
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Treasurer Anderson stated that many residents do not realize that the
Hawai`i Administrative Rules (HAR) exist and there is no procedure to
amend the HAR that is understandable. Treasurer Anderson stated that
if this proposal fails, he will recommend to Councilmember Ozawa to
submit a proposed statutory amendment which addresses the changes he
would like to effectuate as a mandatory requirement.
Vice President Onishi moved for approval of item number 1 (noise)
for inclusion in the 2017 HSAC Legislative Package, seconded by
Secretary Rapozo, and failed by a vote of 3:1 (President Victorino
voting no.)
Treasurer Anderson noted that Councilmember Ozawa will be submitting
a revised proposal for consideration for inclusion in the 2017 HSAC
Legislative Package.
B. Communication from Maui County Clerk Danny Mateo submitting four
State bills for inclusion in the 2017 Hawai`i State Association of Counties
Legislative Package, as approved by the Council on September 16, 2016.
The bills have the following respective purposes:
1. To enable councilmembers to freely attend community and
educational meetings.
2. To implement the recommendations of the State-County
Functions Working Group relating to the transient
accommodations tax.
3. To allow persons with disabilities to indicate on their
identification cards their disability.
4. To increase revenue for each county's affordable housing
fund through a one percent conveyance tax.
Councilmember Meeting Attendance. President Victorino and
Councilmember Baisa stated their support for item 1 and noted the
lengthy discussion regarding this issue in past sessions.
Secretary Rapozo moved for approval of item number 1 for
inclusion in the 2017 HSAC Legislative Package, seconded by
Vice President Onishi, and unanimously carried.
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September 26, 2016
Transient Accommodations Tax (TAT). Treasurer Anderson asked for
clarification on the exact proposal that is being requested.
President Victorino clarified that the proposal would be to implement the
recommendations, including percentages, of the TAT Working Group.
Secretary Rapozo confirmed the same. Treasurer Anderson requested
that HSAC during its meeting with the Governor later in the afternoon,
float the idea of the Governor including a higher appropriation to the
counties via the TAT in his executive budget.
Vice President Onishi stated that both he and Treasurer Anderson met
with Governor Ige last Friday and talked with him about the TAT.
Vice President Onishi stated that he mentioned that the counties would
appreciate an additional $25-30 million in TAT revenue, but provided no
commitment on behalf of HSAC. Governor Ige told Vice President Onishi
and Treasurer Anderson that he would meet with his Director of Finance
and would have figures available to share with HSAC on what could
possibly be filtered to the counties. Vice President Onishi expressed his
interest in working with the Governor to find a compromise instead of
requesting a high figure that would not be palatable. President Victorino
expressed his disappointment that representatives of HSAC provided
figures to the Governor without the consent of the remaining HSAC
Executive Committee members, as it was previously agreed that no
figures would be provided without prior consent of the HSAC Executive
Committee as a whole. Treasurer Anderson clarified that no specific
figures were committed to by either party involved in Vice President
Onishi and Treasurer Anderson's meeting with Governor Ige.
Vice President Onishi stated that the intention of the meeting was just to
get a "feel" as to whether it was worth the investment of time, and
whether the Governor could assist the counties as opposed to going
through the more difficult route working with so many individual
legislators. Vice President Onishi further stated that he decided to meet
with the Governor as his previous attempts to get a meeting scheduled
through HSAC were unsuccessful.
Secretary Rapozo stated that he would like to focus the discussion on the
Working Group's recommendation and nothing else, as every proposal
considered is based on the data provided by the Working Group.
Vice President Onishi stated that HSAC needs to be realistic as to what
the Governor or the State Legislature will provide in TAT revenue
increases to the counties. Vice President Onishi also noted that HSAC
needs to remember that the Legislature did provide for the counties to
enact a GET surcharge, yet no neighbor island county took that
opportunity.
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September 26, 2016 SASz�
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Secretary Rapozo reminded the members that the counties and mayors
failed to cohesively put forth a proposal and unified message during the
last session, but is hopeful of the effort of an active campaign with the
assistance of Becker Communications to enlist other organizations to
assist HSAC in lobbying for increased TAT revenues for the counties.
Secretary Rapozo noted that in his discussion with Senate President
Kouchi, it appears as if the Legislature is positioned to most likely
provide the option of a GET surcharge, removing the ten percent (10%)
administrative fee that the State withholds, instead of any increase to
the allocation of TATs to the counties. Secretary Rapozo also noted that
approximately one-third (1/3) of the revenue generated may be
earmarked for State highway projects.
Treasurer Anderson confirmed that he had heard similar proposals
discussed by legislators, however, the surcharge would be available to the
counties in perpetuity or until otherwise amended.
President Victorino asked members to please give advanced notice should
any individual member be inclined to meet with the Governor or
legislators on HSAC business in the future.
There being no objections, items number 2 (TAT) was deferred
until the conclusion of a meeting with Governor David Y. Ige in the
afternoon.
ID Cards for Persons with Disabilities.
Secretary Rapozo moved for approval of item number 3 for
inclusion in the 2017 HSAC Legislative Package, seconded by Vice
President Onishi, and unanimously carried.
Affordable Housing Conveyance Tax.
President Victorino noted that testimony was provided by
Councilmember Elle Cochran on item 4.
Secretary Rapozo expressed his interest to see this proposal move
forward so that the County of Kaua`i can have further discussion with the
County's Department of Finance regarding this proposal.
Page 112
September 26, 2016 A.)
Vice President Onishi clarified the potential difficulty in getting this
passed when increases in other revenue options such as increasing the
GET were not well received. Vice President Onishi also pointed to the
variations in market sales and development in each county as a cause for
concern.
President Victorino stated that the threshold was set at $1 million so
that it would not adversely impact the residential market.
Vice President Onishi stated that the percentage increase could
potentially be higher, if the target market is those with expensive second
homes. President Victorino stated that organizations in the County of
Maui were opposed to any increase, and a higher percentage would
definitely pose a problem for those organizations on Maui and would
ultimately lead to Maui Councilmembers voting against that increased
conveyance tax percentage.
Secretary Rapozo moved for approval of item number 4 for
inclusion in the 2017 HSAC Legislative Package, seconded by
Vice President Onishi, and unanimously carried.
There being no objections, the meeting recessed at 12:02 p.m. The meeting
reconvened at 12:07 p.m. and proceeded with agenda item V.A.4 (EMS), as follows:
Secretary Rapozo moved to approve item V.A.4 (EMS), as amended
to reflect a request for two ambulances, one for Kaua`i County and
one for Hawai`i County, seconded by Vice President Onishi, and
unanimously carried.
President Victorino noted that Maui County will be transmitting four (4)
additional measures for consideration for inclusion in the HSAC
Legislative Package. The measures include distribution of documents as
referenced in the Sunshine Law, IAL funding for mapping,
comprehensive boundary amendment following the general plan update,
and representation in bargaining unit negotiations with respect to
Bargaining Units 11 and 12.
There being no objections, the meeting was recessed at 12:33 p.m. The meeting
reconvened at 3:14 p.m., and proceeded with agenda item VI.C, as follows:
Pay e 113 ,e �}
September 26, 2016SA 11_`;
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C. 2017 State Legislature update and discussion on lobbying efforts.
President Victorino stated his appreciation to Governor Ige for meeting
with HSAC. President Victorino further stated that it does not seem
likely that the Governor would likely release any additional TAT revenue
to the counties.
Relating to the tort liability proposal, Treasurer Anderson felt that the
Governor did not fully understand the issue and would need to obtain
more information before making any type of commitment. Vice President
Onishi concurred and felt that more education is needed from HSAC on
all measures that HSAC is proposing. President Victorino expressed the
importance of the tort liability issue as perhaps the most important issue
facing the counties with respect to the financial liability ramifications.
Vice President Onishi stated that the question that needs to be answered
is why does the State Legislature not make the tort liability provision a
permanent provision.
Secretary Rapozo stated that HSAC needs to continue its work on the
media campaign proposed by Becker Communications, Inc.
Vice President Onishi pointed out the importance of having someone with
a financial or economics background to provide an explanation regarding
the increase in TAT revenue, but a decrease in GET revenues.
President Victorino stated that he will check on the availability of Paul
Brewbaker or a representative from the State Council on Revenues, to
provide a briefing to the HSAC Executive Committee. Mr. Ishikawa
noted that he is able to contact Mr. Brewbaker if that is the wish of the
Committee.
President Victorino stated that his feeling is that Governor Ige concurred
with the EMS proposal.
President Victorino and Councilmember Baisa felt that Governor Ige was
not aware of the Sunshine Law issues and that he learned a lot from
HSAC members.
The meeting proceeded with agenda item VI.B.2 (TAT) as follows:
Secretary Rapozo stated that a decision needs to be made regarding
whether HSAC is moving forward with that TAT proposal or pursuing
other options. Mr. Ishikawa inquired as to the earliest possible date
HSAC could begin lobbying the State Legislature on HSAC proposals.
President Victorino clarified that the earliest HSAC could start lobbying
would be in November after the General Election and once the
Legislature's leadership has been determined. President Victorino and
Councilmember Baisa expressed their interest in starting lobbying efforts
as early as possible in November.
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September 26, 2016 _) SASJ
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Secretary Rapozo moved to approve item number VI.B.2 (TAT) for
inclusion in the 2017 HSAC Legislative Package, seconded by
Treasurer Anderson, and unanimously carried.
VII. ANNOUNCEMENTS
A. Scheduling of the next meeting.
The next Executive Committee meeting is scheduled for Monday,
October 24, 2016, 10 a.m. on O`ahu.
B. Other announcements.
There were no other announcements.
VIII. ADJOURNMENT
Treasurer Anderson moved to adjourn the meeting at 4:01 p.m., seconded by
Vice President Onishi, and unanimously carried.
Respectfully submitted,
a.
MEL RAPOZO, Secretary
Hawai`i State Association of Counties