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Home My WebLink AboutCOM 0049.011 2018-2020 Ashley L.Kierkiewicz p�"•''� ...• Office: (808)961-8265 Council Member \, •1%u Fax: (808)961-8912 District 4 Puna ,4 .•';,,'f:* ashley.kierkiewicz@hawaiicounty.gov rs•s • HAWAII COUNTY COUNCIL Hawai`i County Building 25 Aupuni Street • Hilo,Hawai`i 96720 DATE: October 31, 2019 .a�.7 TO: Aaron S.,Y. Chung, Council Chairperson And Members of the Hawai`i County Council FROM: Ashley L.Kierkiewicz, Council Member10 T SUBJECT: Minutes of the Hawai`i State Association of Counties Executive Committee Meetings held on October 10, 2019 Please find attached the minutes of the Hawai`i State Association of Counties Executive Committee meetings that were held on October 10, 2019. Please place this matter on the agenda for the next available Governmental Relations and Economic Development Committee. AK/ck att. • Serving the Interests of the People of Our Island Comm. No. Hawai`i County is an Equal Opportunity Provider and Employer Ref. To: (AMC Ref. Date , OCT 3 1 2019 Ass Hawaii State Association of Counties (HSAC) 3�°` °�*� Counties of Kauai,Maui,Hawaii and City & County of Honolulu z • 530 S. King Street,HonoluIu.,H:n\`ili'i 968 I3 (808)768-5032 ww .kai41 iicounlies coin; *• MINUTES „} q HSAC EXECUTIVE COMMITTEE MEETING Thursday,October 10, 2019 . 10:00 a.m. Honolulu Hale,Committee Meeting Room 530 South;Kin Stre t,• Honolulu, HI 96813 f'iruaI. CALL TO ORDER The, �HSAC Executive Committee was called to order by HSAC President Joey Manahan at 10:09 a m`:The following`members comprising a quorum were presertty� City and County of Honolulu: President Joey Manahan P` Council Member, City and Countyof Honolulu County of Kaua'i: Vice President"Ross Kagawa Council Chair, County of Kaua'i County of Hawaii: Secretary AshleyKierkiewicz " "'" Council Member,Counof Hawwai'i County of Maui: Treasurer Kelly King4 5,µ n Council Chair, County of Maui • Others Present: Aida Kawamura, Legislative Assistant Office of Council Services,County of Kaua'i„, 4 Shelly Espeleta, Legislative Analyst,:Officenof Council Services,County of Maur Anela Keko'olani,Administrative&Committee Analyst, Office of Joey Manahan,City and County of Honolulu George White,Office of Council Services City and County of Honolulu Kamakana Watanabe,Office of Council Services City and County of Honolulu '(10 ' '' Page I 2 .`*t SA II. APPROVAL OF AGENDA Secretary Kierkiewicz moved to approve the agenda,with a second by Vice President Kagawa. The motion to approve the agenda of the October 10,2019 meeting of the HSAC Executive Committee carried unanimously. III. MINUTES Vice President Kagawa motioned to approve the minutes of the August 26,2019 and Sep- tember 23,2019 meetings of the HSAC Executive Committee.Treasurer King seconded the mo- tion,which carried unanimously. IV. REPORTS Treasurer's Report for August and September 2019 Treasurer King deferred to President Manahan to provide the report as the City&County of Honolulu previously held the treasurer's position. President Manahan reviewed the documents and noted the need to address discrepancies. He asked his colleagues to defer to later in the meeting. Secretary Kierkiewicz asked Treasurer King if she could share the 2019 HSAC conference bud- get, income and expense report in order to assist Hawai'i County in its efforts to plan for the 2020 conference being hosted on Hawai'i Island.Treasurer King shared that Maui incurred a lot of overtime during conference planning execution,and noted that she wants to explore Maui County getting reimbursed by HSAC for the time overages. County Reports County of Maui Report by Treasurer King • Approved Reso. 19-161 for Kaua'i Council Member Mason Chock to replace Hawai'i County Council Member Tim Richards on the WIR Board • Approved Maui-generated proposals for the 2020 HSAC Legislative Package as well as Kaua'i County's legislative package • Treasurer King shared that she and Secretary Kierkiewicz attended the Oct.8,2019 Hawai'i Housing Summit convened by US Senator Brian Schatz.She noted major players at table including State Legislature leadership, heads of money committees,housing chairs, mayors and reps from each council.Numerous bill proposals came out of the summit and it was suggested that HSAC and HCOM endorse these bills as part of its Page I 3 1 SA package.A bill to streamline SHPD's process, by accepting archeological reviews by County archaeologists,and deeming a project approved in 30 days if don't hear other- wise,was on the table.Another proposed bill is to increase projects the LUC reviews from 15 to 25 acres.Senate President Ron Kouchi didn't like the idea of a Housing Advo- cate,which can be likened to the Consumer Advocate of the PUC, as he felt HHFDC served this purpose. • Next steps taken on a potential Bank of America lawsuit.Reso.19-171 authorizes the County to employ special counsel to investigate what case could be.Treasurer King said Maui would share what it learns with other counties to see if they are onboard to pursue legal action together.Goal of the special counsel is to identify issues,determine if there is a case to recoup lost revenues,or identify what the case may be before hiring special counsel to pursue. • Maui County Council approved to settle the Injection well lawsuit. Maui is in a holding pattern because Maui County Mayor Mike Victorino doesn't agree with settling and wants the Supreme Court to decide.The charter is not clear about what to do in this sit- uation ituation when the Administration and County Council don't agree.Corporation Counsel said they cannot help.The Council will hear a resolution on 10/13 to hire special coun- sel,but it needs 2/3 vote to pass. County of Kaua'i Report by Vice President Kagawa • Vice President Kagawa shared his impressions from a recent Sister City trip to three cities in Japan- Iwaki, Fukushima;Yamaguchi Prefecture; and Ishigaki Island in Okinawa,which is smaller than Kaua'i, but have similar population.It was an eye opening experience, particularly from a waste management perspective.He felt we need to do a better job of cleaning up our own mess and wants to teach local people to care more so they feel self-directed to malama the land and public facilities/spaces.The County receives many complaints about poor restroom facilities at parks.Vice President Kagawa hopes to work on a campaign with Kaua'i Mayor Derek Kawakami on this.Japan has a lot of MURFs, and are very detailed with sorting trash which is often recycled or incinerated.He feels would be difficult to do this kind of sorting here, but also feels it is not economically fea- sible for us to ship our recyclables offshore.There are costs to the future and our envi- ronment to consider.Japan's infrastructure(roads, bridges,tunnels)and transportation have a lot we can learn from.Their rebuild after the tsunami was quick and resilient. These Sister City relationships started decades ago for tourism,but it's evolved where we can learn from them.They are doing island sustainability well,growing food and us- ing their space well. • Approved a resolution to appoint Kaua`i Council Member Mason Chock to serve on the WIR Board.Vice President Kagawa noted Kaua'i Council Chair Arryl Kaneshiro men- tioned he was not comfortable doing this before Hawai'i Island as a matter of courtesy. Through this, in no way is Kaua'i saying Hawai'i County is incapable of serving; believe in {1 0 Page 14 their abilities.If Hawai'i County wants to keep the seat,Kauai will respect their decision. If things change, HSAC should promote fairness. • Council Member Mason Chock introduced himself and shared he is in attendance for the proposed 2020 HSAC Legislative Package.One item introduced by Council Mem- bers Chock and Luke Evslin attempts to deal with the huge issue and cost burden asso- ciated with abandoned vehicles in public spaces and on private property.Currently, lo- cal cars pay$5 fee for the abandoned vehicle program program,with the fee capped at $10; whereas, rental cars are capped at$1.The bill would remove the$1 cap off rental cars(U-Drives).Another bill aims to sort through vehicle ownership.Presently,a buyer needs to turn in paperwork; proposed amendment would make it so that both parties (buyer and seller)are on the same page. He appreciates each county's consideration of his appointment to the WIR board.He scored wanting fairness and equity in the process. • Treasurer King asked if the fees a county matter,or if there's a need for legislative changes.She stated she did not know there is a different fee for rentals vs. residential vehicles.Council Member Chock also shared there is some illegal dumping from car rental companies. County of Hawaii Report by Secretary Kierkiewicz • Reso.322-19,declaring a climate change emergency,passed the Council.It was noted that while there was support for the measure,there were questions about next steps, timeline for action, and funding of solutions. • Mauna Kea expenses continue to grow,with an average of a little over$300,000 every two weeks for law enforcement presence. • The County continues to press on with eruption recovery efforts.Secretary Kierkiewicz noted that this is a unique situation for the County to take the lead on disaster recovery action as typically this is a state function.She shared there is no framework at the County level to direct workflows, nor is there an ordinance in place to specify how recovery funding can be utilized;she encouraged each of the counties to take this into considera- tion and start developing disaster response and recovery framework,if counties don't already have it.In particular,she noted her efforts to ask the Administration for Recovery Team expectations and to formulate a Recovery Task Force to include community voices as part of the conversation-from decisions to implementation -and that youth and dis- abled populations should be included in the dialogue from the get-go. • The Agriculture,Water,Energy&Environmental Management(AGWEEM)Committee heard Reso.301-19,which encourages the Department of Environmental Management and Research&Development to collaborate on renewable and alternative energy gen- eration in an effort to reduce waste in our landfill.Some clarification to language was re- quested before moving the resolution to Council.The Committee is set to hear Bill 101, which would prohibit certain herbicide use in County parks, roads,sidewalks,etc.The bill is modeled after Maui's efforts,and should the bill pass,efforts to curb herbicide use would begin January 2020 and phased out by January 2024. ......:.._. _ ......: _... .. .. .„ ....:` Page ( 5 SA* City&County of Honolulu Report by President Manahan • Bill 37, regarding public labor agreements,passed third reading with a 7-2 vote.The bill has been controversial in the sense that parts of it preempted 103D(procurement code); desire is to defer implementation until the HRS is cleaned up.The measure would affect projects that cost$2 million or less,which accounts for less than 20 percent of projects in the City. • President Manahan attend`climate change week in New York City,and said it was an amazing experience. He noted this morning's presentation by Hawai'i Green Growth would expand on local efforts to achieve international sustainability goals. NACo Report There was no report provided.Council Member Kierkiewicz suggested that the NACo Board representatives be asked to provide a monthly report to the Executive Committee. WIR Report Treasurer King shared she is attending the upcoming WIR conference;Oct 28-30,in Mariposa. Council Member Chock elaborated on the series of workshops regarding clean energy(com- mercial, residential),and funding resources being available.Hawai'i has it,but it hasn't been tapped. He explained it is like a TIF(Tax Increment Finance)and PACE(Property Assessed Clean Energy)programs,where the price of PV panels is attached to the house so the next buyer pays for it too,and rather than the installer carrying all the cost burden. Secretary Kierkiewicz shared that a resolution to replace Council Member Richards with Council Member Chock on the WIR board would be heard next week.She noted themes of equity and fairness mentioned by other Executive Committee members,and that the current makeup of the NACo and WIR boards is fair and equitable with each county having representation on a nation- al level. V. NEW BUSINESS Aloha+Challenge Statewide Voluntary Local Review Hawai'i Green Growth Local2030 Hub Presentation by Celeste Connor and Brianna Rose • Work is very local x global. • 17 SDGs(Sustainable Development Goals)to meet by 2030.Goals were set in 2015. • Shine mirror on our communities to see what we are doing well. • HGG is PPP(public-private partnership). Economic,social,environmental,cultural issues are looked at in totality.HGG is a network-based organization with institutional and indi- vidual support. A Page I 6 • Formed in 2009, HGG is inspired by the Asia Pacific Economic Cooperation(APEC).The effort kicked off with the Aloha+Challenge, a statewide sustainability commitment for 2030.Goals include clean energy,goal food,natural resource management,waste re- duction,smart sustainable communities,green workforce and education. • "Sustainability"goes back thousands of years,and is not some new concept that came out of a report. It is Hawai'i's chance to share the island worldview with rest of the world. Our island sustainability goals pre-date the global goals. • Can't achieve UN SDGs without going local,so the Local2030-local hubs for sustain- able solutions-was launched.Tap into what Mayor's and regional governments are do- ing around the world.Hawai'i was invited to be a Hub. • Can't have economic prosperity if don't have housing.Can't have food security if press- ing against other commitments.Climate change is a challenge.The way you deal with it is through a sustainability framework.Systems-based approach; it's not new! • Aloha+ Challenge Dashboard: accountability and action on Hawai'i's Sustainability Goals.There is a process in place to measure goals, creating unprecedented account- ability.The Dashboard captures county and private sector data; info is on the State's website.Hawaii has more wildfires per square mile than California.Interactive maps on ESRI-based platforms are in the works. • In July,a high level political forum to discuss a Voluntary National Review took place. Out of this, New York launched a Voluntary Local Review. Hawai'i was tracking this infor- mation since Aloha+Challenge.VLR as opportunity to rekindle, broad statewide process and comprehensive effort.Where are we against our 2030 goal? Have we knocked it out of the park, and need to further challenge ourselves?Thought if New York,Los Angeles, and Bristol do this,what about Hawai'i?All counties?If we do it,we would be the first state VLR.Want another Hawai'i delegation wit students to go to the UN in July 2020 to report back. HGG's annual meeting in November at Bishop Museum will kick off this process. • It's the 5th anniversary of Aloha+ Challenge.A Local2030 commitment statement was signed this year.Counties want to further localize,so Kaua'i launched a challenge.What is the behavior change we need?Need to inspire.Change hearts and minds.Choose slow, medium, high ambition.Maui announced it wants to launch this,and tailor it to their community. HGG to launch Aloha+ app to track progress.How to engage keiki and feature their artwork?Do you have surveys from students?VLR in'olelo Hawai'i?Consid- er a student VLR? • Malama Mandate is inspired by a speech State Senator Kenneth Brown delivered in 1973. If we adopted it then,we would be in better place. • Our relationship with the aina is inherent. However,we may be unaware of the impor- tance mportance of this or are ambivalent. Kids don't need to be taught about sustainability; they understand the connection of mauka to makai.We need to create pathways,as what we are doing is globally relevant and significant.An IPCC report says we have 10 years to / sy pT1 Page I 7 act if we are to avoid catastrophic affects of climate change.Bring kids along in every sector.VLR and Aloha+ are great vehicles to engage students. • HGG is also convening a Sustainability Business Forum.Have 20+CEOs, and growing. Recognize need to help businesses be part of the solution.Want market-based mecha- nisms to do the right thing but still be profitable.We are also pressing a plastic commit- ment;the Marriott has committed to no more plastic bottles by 2020.Can't do business as usual; private sector knows it has responsibilities.Need to create an environment for the investments we want and need. • Local2030: Hawai'i can be the Hub,the piko.Be the space to share. Proposal of Okudara and Associates to HSAC to Perform Legislative Functions Presentation and Discussion of proposal with Jon Okudara • Legislative session happens so fast,and with such short windows of time to make changes,you always have to have a presence and to make sure you have the votes. • Over the last few years,the HSAC Legislative Packages presented were all over the place and presence at Capitol was sparse or lacking altogether. • President Manahan noted his long standing working relationship with Mr.Okudara,shar- ing he's worked on TAT and land use issues,and that he's provides very consistent,reli- able communication.Mr.Okudara has a daily presence at the Capitol during session.He noted HSAC is criticized for not showing up early on in the process. • Vice President Kagawa stated the previous focus of HSAC Legislative Packages was to get more TAT.He believes this body needs some success. He mentioned HSAC hiring lobbyists Michael Victorino and James Pacopac in the past, but nothing. Have HSAC's packages been unrealistic?We want to develop a package that has some wins,and is better suited for success.Mr.Okudara noted TAT is deep pocket,and that the Legislature won't give up the GET.He provided some history and shared that TAT was a County benefit as the State took away GIA.Originally,the State gave 95%of TAT to Counties, then 44.1%to a flat rate. Former Mayor Jeremy Harris wanted a taxing authority and proposed giving up TAT. Mr.Okudara noted a DBEDT report that said Hawai'i lost 20,000 residents; we only have 600,000 taxpayers-we're losing our tax base.Hawai'i needs to think of how we are generating revenue.Mr. Okudara said he likes to develop start developing bills July-September. He said to take what we can from TAT,and to look at other ways to get funding. • Treasurer King expressed her appreciation for Mr.Okudara's proposal,and requested reports daily and weekly.She noted that July-September were done and Mr.Okudara's proposal would need to be amended.She said HSAC has proposed legislation to dis- cuss,and the body needs his help refine and prioritize.Treasurer King wants to know what of our proposed bills has the opportunity to pass.She feels the work of the Hous- ing Summit is promising. She shared it is hard for neighbor island electeds to fly at a moment's notice. Mr.Okudara said a bill's first movement is three weeks after opening day; it needs to be scheduled within the first week,otherwise it won't meet the first SAo , deadline.Treasurer King restated her desire to have Mr.Okudara help HSAC prioritize bill,to be a constant presence at the Capitol for HSAC, and to advise the body on what to do to navigate public sentiment as well as legislator sentiment.She recalled hiring Pacopac last year and that HSAC bylaws stipulate the body can only spend certain per- centage of its budget on a consultant.Aida Kawamura clarified and said that is not part of HSAC's bylaws,but rather procurement rules.Vice President Kagawa wanted to know what are options HSAC has to retain Mr.Okudara.Treasurer King wants a the SOW to be reworked as time has passed,and we need get in what we're allowed to do.She wanted a better understanding of the legislative process and how HSAC can work this.Mr.Oku- dara requested copies of the bills to see if they needed refinement.He suggested talk- ing with the State Legislative Reference Bureau(LRB) and key legislative staff members to plant seeds. • Treasurer King said there is a package of housing bills coming from the Housing Summit. Mr.Okudara asked for clarification as to who the bills came from.Treasurer King said summit attendees submitted and they were "adopted" by the group,and that it was mentioned that they could be included as part of the HSAC and HCOM 2020 Legislative Packages. Mr.Okudara wanted to know if these bills were submitted by HHFDC.Trea- surer King responded that Dawn Chang,who facilitated the meeting,was in charge of getting the final bills to HSAC.Secretary Kierkiewicz provided insight into her impres- sions of the Housing Summit,and agreed that while the convening was impressive and the kinds of bills put forth were numerous and very ambitious,and that to be successful HSAC needed to focus on what's doable. Mr.Okudara said draft bills needed to be ready by now and said he's like to review what we have.President Manahan said HSAC has some recycled legislation, but whatever itis,it has been unsuccessful. He wanted to scrap everything and start fresh. He said HSAC needed a better working relationship with legislators. Mr.Okudara requested to see materials from the Housing Summit. • Secretary Kierkiewicz asked if Mr.Okudara recommended a theme for the package. He stated each county has different needs.Secretary Kierkiewicz agreed and stated a po- tential theme could be equity among counties to access funds,with flexibility to spend since needs were broadly diverse. • Vice President Kagawa asked about the limit HSAC is being held to to hire a lobbyist. Aida Kawamura referenced IRS rules for 501.Kamakana Watanabe said the cap is 20 percent of the budget. 'The Executive Committee entered a brief recess at 11:54a.m.and reconvened at 12:03p.m. U_ ,date Quickbooks.Online Account to Reflect Nicole Kahinu(Maui County Council)as Master Administrator Motion to approve by Treasurer King,with a second by Vice President Kagawa.The Motion car- ried unanimously. es, (21' 2020 HSAC Legislative Package Proposals Submitted From Each County Vice President Kagawa said torte liability legislation failed last session,as the Legislature felt the issue has already been addressed.Mr.Okudara clarified that this applies only if lifeguard works on a State beach,and that it doesn't apply to County beaches.Lifeguards needs to go to the Legislature and explain why it's not working.They are the ones that put their lives on the line. Secretary Kierkiewicz asked Vice President Kagawa that in the spirit of lifting up priorities, if each county could only have two bills,which would Kaua'i pick.Vice President Kagawa said the bill relating to highway safety and the bill relating to registration of vehicles.Treasurer King wanted to know if the funding stays on the island it was collected on.Vice President Kagawa replied that it's in the bill. Treasurer King referred to Maui's list of priorities dated 9/30.For cesspools,want reporting deadlines,to get rid of geographical limitations,and to re-up Act 120 funds for another five years as the$10,000 grants sunset. Maui wants changes to the Sunshine Law,which President Manahan cautioned this is likely not a win as it opens the conversation up to how it doesn't ap- ply to the State Legislature. Maui would like to enable counties to regulate hosting platforms as businesses;the proposed bill is modeled after Santa Monica's legislation,which penalizes ad- vertising and collecting money from illegal activities.Treasurer King is trying to get a letter from from the Attorney General that articulates counties already have the authority to do so.For inva- sive species, Maui proposed a paid response mechanism for newly detected threats.Regarding sea level rise,Maui wants money for strategies and mitigation.The intoxicants bill is police dri- ven,and proposes to lower the threshold of the blood alcohol limit; it was previously introduced by Lt.Governor Josh Green when he was in the State Senate.There is widespread support for this measure.Treasurer King noted a bill in the Housing Summit package regarding SHPD,and delegating an archaeologist in each of the counties to do reviews.Secretary Kierkiewicz asked Treasurer King the same question posed to Vice President Kagawa,about elevating the top two bills for the package.Treasurer King declined to select two noting that they're all important. President Manahan shared the proposed vaping bill before the Executive Committee was sub- mitted by Council Member Tommy Waters.Secretary Kierkiewicz asked if the bill was worked on inartnershi with Hawaii Public HealthInstitute;p lnst tute; President Manahan believed so.Vice Presi- dent Kagawa asked if Honolulu only had this one bill to submit; President Manahan saidY es. Treasurer King asked if the vaping bill was enabling legislation; President Manahan said yes,and referred to the Justification Sheet attached to the bill. Secretary Kierkiewicz shared Hawai'i County would provide a suggested approach for the coun- ties to secure more TAT and how to expend the funds via a proposal by Council Member Richards.She noted in the interest of honing in on key priorities, Hawaii County's desire to work /a 441 Page 110 with Maui to refine its invasive species bill for the 2020 HSAC Legislative Package.Secretary Kierkiewicz mentioned these are Hawai'i County's priorities,but they could change based on subsequent conversations with legislators about what is doable.Secretary Kierkiewicz asked Mr. Okudara if he could think of changes such as"words on paper"to put forth so HSAC is not just asking for money. Mr.Okudara noted conversations with former Hawaii County Mayor Billy Kenoi about this exact approach, such as going for administrative changes rather than financial asks. Vice President Kagawa noted needing updated budget numbers to determine contract agree- ment for Mr.Okudara's services. President Manahan presented revised budgets for August and September.There was a motion to accept the August and September budgets by Vice President Kagawa,with a second by Trea- surer King. Upon closer review,President Manahan made the call to defer to the next meeting of the body.Secretary Kierkiewicz suggested line numbering the Treasurer's Report to make identi- fication of items easier for discussion. There was a motion by Vice President Kagawa to transfer$4,000 from MISC to the$36,000 line item for consultant fee to retain Mr.Okudara for a total of$40,000 to assist with the 2020 HSAC Legislative Package development and to be HSAC's lobbyist for the upcoming legislative ses- sion.The motion was seconded by Secretary Kierkiewicz.Secretary Kierkiewicz thanked Aida r Kawamura for the updates to the SOW and asked Mr.Okudara if his agreement could be re- vised to reflect this important suggested edits.The motion to retain Okudara&Associates for $40,000 carried unanimously. Vice President Kagawa pressed Maui to elevate two key priorities.Treasurer King said if pushed, Maui'would°like to pursue the bill relating to the use of intoxicants while operating a vehicle as well as the bill relating to cesspools. Vice President Kagawa said to Mr. Okudara that the HSAC Legislative Package will contain our respective and shared priorities, but that we wanted his thoughts on what stood a chance. VI. ANNOUNCEMENTS Scheduling the Next HSAC EC Meeting Next meeting is scheduled for Monday,October 28,2019 at 10:30a.m.Treasurer King noted she will be in Mariposa for the WIR conference,and requested a conference call meeting.President Manahan said the next meeting°is key as HSAC will finalize its package,therefore a poll would be circulated to the Executive Committee to determine if the meeting is to happen in person or via conference call. Pate 1 11 !, suti� �,ti'Le r f It was decided that the last Monday of every month would serve as the standing convening of the HSAC Executive Committee. 2020 HSAC Annual Conference Dates Hawai'i County is hosting the 2020 event that is tentatively scheduled for Wednesday,June 10- Friday,June 12. Other Announcements There were no other announcements to make. VII.ADJOURNMENT Vice President Kagawa motioned to adjourn the meeting,with a second by Secretary Kierkiewicz.The motion carried unanimously.President Manahan adjourned the meeting at 12:49p.m. Council Member Ashley L. Kierkiewicz Secretary,Hawai'i State Association of Counties