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.)
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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.
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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?
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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
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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
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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.
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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.
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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.
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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)
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