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HomeMy WebLinkAboutMIN CRCOC 2023/03/21 (2022-2024)Committee on Communications, Reports, and Council Oversight 5th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii March 21, 2023 CALL TO The regular meeting of the Committee on Communications, Reports, and ORDER: Council Oversight was called to order at 12:46 p.m., in the Council Chambers, Kailua-Kona, by Ms. Jenn Kagiwada, Acting Chair. ROLL CALL: Present: Ms. Rebecca Villegas, Chair Ms. Jenn Kagiwada, Vice Chair Ms. Cindy Evans, Member (came in later) Ms. Michelle M. Galimba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo) Ms. Heather L. Kimball, Member Absent and Excused: Mr. Holeka Goro Inaba, Member Ms. Susan L. K. Lee Loy, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 140: FAIR SHARE ANNUAL REPORT AS OF JUNE 30, 2022 From Planning Director Zendo Kern, dated March 1, 2023, transmitting the above report pursuant to Section 2-162.1(a) of the Hawaii County Code. Motion to Close File: Ms. Kimball moved to close file on Comm. 140. Seconded by Ms. Kagiwada. CHR. VILLEGAS: Director Kern the floor is yours. (Note: At this time Planning Director Zendo Kern came forward to address the members of the Committee.) CRCOC-5 March 21, 2023 MR. KERN: Aloha Madam Chair, members of the Committee. Zendo Kern, Planning Director. The fair share report has been transmitted to you folks, as we do each year. Good explanation on the first page on what the fair share is. I'm just going to go over a couple of highlights. And I apologize my time is somewhat constrained. but hopefully we can get through this and answer any questions. As far as collections we have received new—in the North Kona district from the Stanford Carr Development Alii Palms, $776,000 and some change. South Hilo at Hilo One Incorporated subdivision project, that one was $415,000 approximately. Another smaller one in North Kona and another one in North Kona, both approximating a little over $200,000. There's been some used for some ordinances and HPP on Hawaiian Paradise Park District Park fair share for the EA (Environmental Assessment) I believe. And then there are a few that are going to lapse, otherwise everything is holding stationary, as well. I'm happy to answer any questions that there may be. CHR. VILLEGAS: Thank you, Director Kern. With that I'll open up to any questions from my colleagues. Council Member Evans. MS. EVANS: Being the new kid on the block, can you tell me what happens after something lapses? What happens to that? MR. KERN: The money still stays in the account, it's just that project that it was being appropriated for is no longer there and the department would have to come back in and make that same request. Or if it lapsed and another department came along or it was used for something else, then that money would be allocated to a different project. MS. EVANS: So basically, well sort of. So one quick scenario, let's say Parks doesn't get around to spending the money on the skate park for example, I'm looking at Honoka`a. Let's say it lapses, and so was your fair contribution specific for it going to Parks and Recreation or was it just specific that it had to stay into the community that was impacted. So, you know the Fire Chief could come in and say oops the Parks Department didn't get it, I want it. MR. KERN: So fair share is allocated to a few distinct areas, one's going to be Fire, one's going to be Parks and Recreation, one's going to be Police, one's going to be Solid Waste, and one's going to be roads. With the exceptions of a few or excuse me not a few, but a couple direct funds like Kaloko Mauka Road has its own fund initiative. So the Parks' money stays within the Parks budget, and so it would be the Parks Department that would be adjusting the project or making the change to it. So it's not like the Fire Department would come in and take the money from the Parks budget. Page 2 CRCOC-5 March 21, 2023 MS. EVANS: Okay. I needed to know, thank you. MR. KERN: Yeah. MS. EVANS: Thank you, Chair. CHR. VILLEGAS: Thank you, Council Member Evans. Anyone else have any questions? Yes, Mr. Kaneali`i—Kleinfelder. MR. KANEALI`I-KLEINFELDER: Director have you made any moves towards adjusting our fair share contributions? By the way that we, I don't know what the correct word is, the way that we calculate them? Thank you. MR. KERN: Fair share is adjusted every year based on the Honolulu Consumer Price Index. More than that we have not, they're still going to the same buckets and still the same escalation with the CPI or Consumer Price Index. So for example, in 1990 for a single family residential it was like $7,200 and today it is $15,600. And next year it will be a little bit more, and the next year it would be a little bit more, so it scales with that. MR. KANEALI`I-KLEINFELDER: Okay. And I think in previous conversations we addressed the same issue, and I may have asked the same question two times. I apologize. but can we go above that if we wanted to, is it something that we set or is tied directly to the indexes you stated before? MR. KERN: It has the rational, nexus, the components, I mean I think there's room for potential adjustment. How that comes together is a much greater conversation. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, appreciate it. MR. KERN: Thank you. CHR. VILLEGAS: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kierkiewicz, do you have any questions? MS. KIERKIEWICZ: No, Chair, I'm good. Thank you. CHR. VILLEGAS: Okay, anyone else? Yes, Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. So just so that I understand this, when is the next time that we'll be looking at allocating out fair share fund balance or additional fair share projects? Page 3 CRCOC-5 March 21, 2023 MR. KERN: There's no set time on the fair share projects. There is the annual report, which is what we transmit that kind of does the annual reconciliation of what's come in, what's been spent, et cetera. And then throughout the year the money can be used for a project if it makes sense, fits the nexus, and it actually fits into one of those buckets. So that's kind of open. MS. KAGIWADA: Okay. And if they use partial funds, but don't use all the funds within that fiscal year. Does it carry over? MR. KERN: Yeah. The money stays within those buckets, and then if it's being used it's going to carry over no problem. MS. KAGIWADA: Okay. Thank you. CHR VILLEGAS: Thank you, Council Member Kagiwada. Yes, Council Member Evans. MS. EVANS: Just to follow up on that. And so the actual projects that says the County Council will approve the expenditure. So, is this done all year around? Is The projects they come out of the fair share funds, and so it comes through to us as a? MR. KERN: Yeah. So I guess the more recent example was the EA for the Hawaiian Paradise Park District Park. Council Member Kierkiewicz reached out to the office to see if there were funds available for that work with the department that they could utilize the funds, and then those components came together. So, then the proper documentation was put together to go into Council to approve the use of those funds for that project. And that can happen at any MS. EVANS: Right, but also it's based on the nexus being—it has to stay in the region. So there is fair share fund money for the region there available? Okay, that's good. Thank you. Thank you, Chair. MR. KERN: And appropriation for those funds generally happen during the CIP (Capital Improvement Projects) budget process, but it can happen anytime during the year. MS. EVANS: Thank you, Zendo. CHR. VILLEGAS: Thank you, Council Member Evans. Council Member Kagiwada. MS. KAGIWADA: Thank you. Sorry I should have asked mine all together. But that actually pinged something in my mind too. So if there's a project that—I'm thinking of the Hilo's Skate Park project where the County is going to do part of Page 4 CRCOC-5 March 21, 2023 it, and then the community is also going to do part of it. But if there is a fair share contribution, can it be made to the community side, or does it have to be spent by the County for a county project? MR. KERN: My understanding is that it has be spent by the County for a County project. There may be another option, but I haven't seen it. And we probably want to check with Corporation Counsel on allocating money outside of a department. I haven't had to deal with that since being in this seat. So my answer is in the 90 precentile of correctness. That generally goes to a county project with a department. MS. KAGIWADA: Okay, thank you. I'll look into it a little more. Thanks so much. CHR. VILLEGAS: Thank you, Council Member Kagiwada. Anyone else have any more comments? I just have a couple questions here. First off excuse my bifocals, I'm having to wear two pairs of readers to see this spreadsheet. The numbers are quite small, but I think I'm being able to kind of make heads or tails here. I think everybody noticed that North Kona has the lion's share of the contributions. Something that I note here in the spreadsheet is that included in this, and I'm not sure if this a normal procedure, but that the cash contributions, I mean some of these go back to the 90's. Is it normal to include the information going back that far in order for us to then—is all this information in order for us to kind of gather how and where all the resources have been accrued? MR. KERN: Correct. Yeah, and this has been a standard kind of history, if you will, built into it. CHR. VILLEGAS: Okay. And then I see the appropriations also is the same, and then we end up with our balances, and you know, then our lapsed appropriations. I'm just trying to get as familiar as possible with this. I'm wondering what the plans are for the $1.14 million dollars in fair share monies for North Kona parks. MR. KERN: I don't have that answer, that would be a conversation to talk story with Parks and Rec. Department. CHR. VILLEGAS: Okay. So under your sphere of influence and responsibility, it's providing this report to us, so we know the funds currently in these accounts that are available. And then for a better understanding of the process here, we need to go to specific departments. Like say, we have money in the Police fund and I know that the air conditioning unit for the North Kona Police Station is having issues, do we then go I'm just wondering MR. KERN: So in that case, you would go talk story with the Police Department and say hey I understand you guys have the AC (Air Conditioning) issue here. I Page 5 CRCOC-5 March 21, 2023 believe there's some fair share funds that might work for that, is that something we could utilize? If they say yes, then from there because different departments actually handles the services. So General Services, we'd want them to talk to that other department too to make sure that they have the time, the resources to do it. All of those come together then we could make a budget request to utilize a portion of that money for that, and then that would come back through my department. We'd help prepare that and then it would make its way up to Council for approval, and then to the department to be utilized. CHR. VILLEGAS: Okay. When you say the other department or people responsible for that, are you? I'm a little confused. MR. KERN: Because Police and Fire, General Services from the Department of Public Works really handles a lot of their work. So when we're out making a request for say Police or Fire, it's really important to understand the Department of Public Works workload as well. CHR. VILLEGAS: Got you. Okay, that makes sense. The same would be for the fire stations or within the parks in the Kona area. MR. KERN: That's right, yeah. So if there was a parks combo, best thing to do is to start having a conversation with that department. Same with Fire, same with roads. CHR. VILLEGAS: Okay. And the department heads for all of these departments are then now aware of these resources that have been allocated for fair share? And do they decide where these funds get allocated if they're already earmarked or is that something that is reliant on Council Members or people in leadership in these departments to explore? MR. KERN: I would say both. From my experience it's been both. The departments are kept up to speed of what the fair share contributions are for the district. And how they go about their thought process and utilizing them, I don't want to get into, but sometimes it comes directly from them. I've had calls kind of from various sides from there at the department, whether it be a Council Member, or even somebody from the community, saying hey is there something we can do with this? And then those elements have to get obviously married together, as it moves through approval. CHR. VILLEGAS: Okay, fantastic. My last question is because we see North and South Kona here, are there differentials in this reporting when it comes to districts? MR. KERN: Yes, there is. Let me just check with my staff on that one. Natasha, are you on here? Give me one second. Page 6 CRCOC-5 March 21, 2023 CHR. VILLEGAS: Thank you. MR. KERN: It's going to be for judicial district. CHR. VILLEGAS: Judicial districts? MR. KERN: Yeah, the judicial district of North Kona and South Kona, same with like North Hilo and South Hilo. CHR. VILLEGAS: Okay, I have to figure out what those are or how that ties in geographically to the areas that would be reflected, or which Council person would potentially have not necessarily jurisdiction, but interest in the resources. MR. KERN: The rational nexus component, yes. CHR. VILLEGAS: Yeah, okay. And I just have a quick silly question, when it says like define lapsed appropriations, is that money that's in there or money that was supposed to go in there? MR. KERN: It's money that was in there that was appropriated for that hasn't been utilized within the time period. Just like CIP where it will lapse. But in this case, we're putting that money towards that project, it hasn't been used, so it's about to lapse. The money still stays within the CIP accounting, within the same bucket, it just has to come back and be reauthorized. CHR. VILLEGAS: Okay. So for instance Pualani Estates Park, and I know this is Parks and Rec, but I just have a question here. Here's a $100,000 that's lapsed and I know that Parks and Rec and community members have been looking for funding to replace the floor matting underneath the playground equipment and potentially put up some fencing and add new playground features and whatnot. Does this become a place where there literally is $100,000 sitting? MR. KERN: There could be. The funds can't be used for maintenance, it has to actually expand capacity, which is an area we often get into a problem with. CHR. VILLEGAS: Like reimbursements? MR. KERN: No, like actually expansion CHR. VILLEGAS: I'm just kidding, I'm talking about a prior thing you talked about in the last committee. MR. KERN: No problem. So potentially, that $100,000 is still in there but again, for what you were bringing up, that's a bit more maintenance and that's where the issue would come in. Page 7 CRCOC-5 March 21, 2023 CHR. VILLEGAS: Okay. So I could go to Parks and Rec, I would go, or Finance, I would go to, to find out specifics about these appropriations that should still exist as pots of money that were put forth for programs and projects that have not been utilized yet? MR. KERN: Yeah, I would say Parks and Rec, as well as my department. Those would be, Parks to reappropriate us to just verify that the accounting is the way they're seeing and you're seeing it, which is going to be accurate to this report that's been sent to you folks. CHR. VILLEGAS: Okay. So I feel like somehow, and my apologies, I must have missed it. And other times I feel like a veil has been drawn away for potential for resource allocation for some projects and improvements in North Kona. So thank you for this today. And with that, Council Member Kagiwada. MS. KAGIWADA: Sorry, just a follow up on Council Member Villegas' questioning. So I see for instance, there's an appropriation for Mo`oheau Bandstand and related park improvements $40,000 and then there's a lapsed amount $40,000 for the same project. Is that the same $40,000 or is that a total of $80,000? MR. KERN: It's the same. MS. KAGIWADA: Okay, thank you. CHR. VILLEGAS: So that $40,000 was spent? MR. KERN: No, the $40,000 was appropriated, and the $40,000 lapsed. So it's basically a net zero on that. CHR. VILLEGAS: Okay. Thank you so much. Any other questions from my colleagues? Okay, can I take a vote on closing file on Communication 140? All in favor, please say "aye." Vote on Comm. 140: The motion to close file on Comm. 140 was carried Filed by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder Kierkiewicz, Kimball, and Chair Villegas — 7. Noes: None. Absent: Committee Members Inaba and Lee Loy —2. Excused: None. Page 8 CRCOC-5 March 21, 2023 ADJOURN- There being no further business, at 1:10 p.m., Ms. Evans moved to adjourn the MENT: meeting. Seconded by Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kdneali`i-Kleinfelder Kierkiewicz, Kimball, and Chair Villegas — 7. Noes: None. Absent: Committee Members Inaba and Lee Loy —2. Excused: None. Approved: s. Rebecca Villegas, Chair Communications, Reports, and Council Oversight Committee RV/rk (Date) Page 9