HomeMy WebLinkAboutMIN CRCOC 2026/07/22 (2024-2026) DRAFT Committee on Communications,
Reports, and Council Oversight
22nd Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
July 22, 2026
CALL TO The regular meeting of the Committee on Communications, Reports, and
ORDER: Council Oversight was called to order at I:M p.m., in the Council Chambers,
Kailua-Kona, by Ms. Michelle M. Galimba, Chair.
ROLL CALL:
Present: Ms. Michelle M. Galimba, Chair
Ms. Rebecca Villegas, Vice Chair
Mr. James E. Hustace, Member
Mr. Holeka Goro Inaba,Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder,Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Mr. Dennis"Fresh" Onishi, Member
Absent& Excused: None.
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. 963: ANNUAL AUDIT PLAN FOR THE FISCAL YEAR 2026-2027
From County Auditor Clare McAdam, dated July 6, 2026, transmitting the above
audit plan, pursuant to Section 3-I8(d) of the Hawaii County Charter.
Motion to Close File: Mr. Hustace moved to close file on Comm. 963. Seconded
by Mr. Kaneali`i-Kleinfelder.
CHR. GALIMBA: I believe we all have the County Auditor online. Thank you
so much, County Auditor McAdam.
CRCOC-22 July 22,2026
(Note: At this time, County Auditor Clare McAdam came forward to
address the members of the Committee via Zoom.)
MS. MCADAM: Good afternoon, Chair Galimba and Council Members. Thank
you for inviting me here and by Zoom, which is very convenient for me. To
present some of the highlights regarding our Annual Audit Plan that we've put
together and presented to you. So just to run through some of the highlights
there. We will continue to monitor the progress of the External Financial Audit
performed by Accuity LLP for fiscal year ending 2025 and also for 2026.
Looking to audit plan for our office, we are currently conducting an audit of the
Office of Housing and Community Development's management of the Housing
and Homelessness Funds as requested by yourselves. We have plans for two
other audits during this financial year; the Department of Environmental
Management(DEM), Wastewater Division, and also HPD (Hawai`i Police
Department) Department's Evidence Storage Facilities.
Other projects which that we will also be undertaking during the financial year
while implementing a new process of semi-annual follow up reviews of all of our
prior audits, I think I mentioned this in the budget meeting. We are currently
tracking 99 recommendations and when we're meeting the departments, we're
finding out that most of those recommendations they've already been
implemented. And so we want to make sure,that we could present that to you,
and so that you've got a more real time results of what's been happening with
our-prior audits while than waiting for that final follow up report.
So we're changing the process on the follow ups, so that we can more accurately
and more timely report on the implementation actions of those departments that
have been doing it. So that we can show you that they have been doing that
Work. And I,think that's going to be a better procedure for both us and the
departments going forward, hopefully.
And then,we'll also just continue to investigate those tips that we've received for
the Fraud,,Waste, and Abuse hotline. So those are highlights.
I just wanted to thank my team, as always for their enthusiasm and
professionalism and for their assistance with putting together this audit plan.
Happy to answer any questions you might have.
CHR. GALIMBA: Thank you. And thank you for your enthusiasm and
professionalism as always. Anyone? Any comments, questions? Council
Member Villegas.
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CRCOC-22 July 22,2026
MS. VILLEGAS: Yeah. I guess and go ahead and stop me if this isn't directly
related. Wondering on the timeline for us to see the results of the audit on the
Department of Housing.
MS. MCADAM: Yeah.
MS. VILLEGAS: Office of Housing. Sorry.
MS. MCADAM: I just figured that would be a question. So we're in the middle
of it. I am formulating a follow-up request, which will go back to the Office of
Housing and Community Development,probably next week.
Most of those, we have received an enormous amount of documentation from the
get-go. They just dropped huge amounts of data for us, and,we've been going
through that. I'm going to ask for some more financial documentation with
regards to the grant administrations obviously. ,And depending on' here that
documentation is, if it's, hopefully, within the Office of Housing, we should be
moving along, hopefully, pretty smoothly,With, and do some site visits, et cetera.
If that information resides at grantees, I feel I don't know if I'll be able to give
you a better idea of timeline on,that because, obviously, we'll have to liaise with
all of those to get that information,knack to us. But we have been pushing to get
this done by the end of the year. But again,that kind of depends on where that
information that we're going to need is currently living.
So I'm hopeful we'll be in a better position on this,perhaps towards the end, the
middle of August. We'll be able to give you a better idea as to the timeline on
that. But we are pushing to have that done by the end of the year.
MS. VILLEGAS: Thank'you so much for clarifying and letting us know kind of
where you're at. And with that, I would also put a call out to the grantees to get
the information that they need to them,post haste. We, if that's the right way to
say it,'I think it is vital and it is a huge part of this audit that the grantees are
authentically and completely included in all this information. And everything
you get to look at.
So, thank you for your diligence in this. I know that's a heavy lift. But we all
are anticipating having a report and being able to, more effectively, review the
program and these plans, as well as the grantees. Thank you. I yield.
CHR. GALIMBA: Council Member, Kimball.
MS. KIMBALL: Yes. Thank you for being here. Just a quick question about
the DEM Wastewater Division audit and if you could briefly go over the scope
of work, or which area within Wastewater you're specifically looking at, and
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what was the motivation, in terms of including it in this year's list of audits,
potential audits.
MS. MCADAM: Yeah. We have had a couple of meetings now with the
department, and we had a site visit to the Hilo Wastewater Treatment Plant last
week. Just really interesting. We haven't narrowed down the scope yet. So I
can't really give you any details about that. That may take some time for us to
figure out.
I guess the reason why I included it in the audit plain,,this will,you know, when
we did a sort of a basic risk assessment, there's a lot of grant money going in
there, there's a lot of projects to manage. So it was more of a risk assessment,
sort of a now, as to why we went, and we haven't done an audit of the
Wastewater Division prior, so it's all sort of tallied up nicely as to why we
decided to go in now. But I don't'have a definitive scope as of yet., We just sort
of started initial conversations.
MS. KIMBALL: So, if we, as Council Members, had particular areas of concern
we would like the office to review, there would still be an opportunity to provide
that request to you?
MS. MCADAM: Obviously, yes. Yes.
MS. KIMBALL: Okay.
MS.. MCADAM: Please do.
MS. KIMBALL: Okay. I will follow up. Thank you.
MS. MCADAM: Thank you.
CHR. GALIMBA: Okay. All in favor on closing file on Communication 963,
please'`say "aye." Any opposed?
Vote on Comm 963: The motion to close file on Comm. 963 was carried by the
Filed following voice vote:
Ayes: Committee Members Hustace, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Galimba—9.
Noes: None.
Absent: None.
Excused: None.
CHR. GALIMBA: We can move onto the next item. Thank you.
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MR. BROWN: Thank you, Chair.
Comm. 969: A PRESENTATION ON THE PROCESS FOR COMMUNITY FACILITIES
DISTRICTS
From Finance Director Diane Nakagawa, dated July 13, 2026.
Motion to Close File: Mr. Inaba moved to close file on Comm. 969. Seconded by
Ms. Kimball.
CHR. GALIMBA: Finance Director.
(Note: At this time, Finance Director Diane Nakagawa came forward to
address the members of the Committee.)
MS. NAKAGAWA: Good afternoon, Council Members, Diane Nakagawa,
Finance Director. Just want to thank you for allowing us to be here today.
We have a lot of discussions about deferring financing tools that are available.
One of the ones that comes to the top a lot are Community Facilities Districts
(CFD). And we've seen'a lot of interests as well, and we thought, as we move
forward and talk to either,the developers or members of our community, we
wanted to bring this overview forward to you to really go over the process.
The County has only done one, and I thought it was time that we get a refresher
on they process. So we are very fortunate to have with us today Adam Bauer and
Mindy Kays from Fieldman, who is our Municipal Financial Advisors, and also
'Brian Hirai, who is our Bond Counsel from McCorriston Law Firm. Both have
worked,with the County and supported the County for over 20 years in various
projects. So we are fortunate to work with them and have their expertise here
With us.
So they will be going through the presentation, and I invite you to answer or to
ask any questions following. Thank you.
(Dote: At this time, Municipal Financial Advisor Adam Bauer and Bond
Counsel Brian Hirai came forward to address the members of the
Committee.)
MR. BAUER: Great. Thanks. Once again, my name is Adam Bauer,joined by
Mindy Kays and Brian Hirai to do the CFD 101. CFD is short for Community
Facilities District. There will be a few things like that, that I might slip into
acronyms, and feel free to stop me, and we'll slow down and do a reminder of
what each item is. But this one is designed to not talk about a specific project
and really just focus on the islands and Community Facilities Districts.
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CRCOC-22 July 22,2026
(Note: At this time, Mr. Bauer came forward and provided a PowerPoint
presentation to the members of the Committee. For viewing of the subject
presentation, see the DVD copy of the meeting proceedings on file in the
Clerk's Office or online at http://hawaiigounty.gov.granicus.com. A copy
of the PowerPoint presentation is made a part of the record, see Comm.
969.)
MR. BAUER: So those are all the slides we've prepared. It feels like we've
covered a lot of ground, but both of us are available for any questions.
CHR. GALIMBA: Thank you very much. You did cover a lot of ground
quickly. Really appreciate you bringing us this information refresher on a
potential tool for infrastructure and special facilities in our County. I see Council
Member, Hustace.
MR. HUSTACE: Thank you, Chair. Appreciate the presentation and the depth
here to kind of disclose the process here. Thank you for the time.
Just a couple of questions. The review committee, they're stood up at the very
beginning of the process when the petition has been received, and they carry
their work until that ordinance is formed?
MR. HIRAI: Yes.
MR. HUSTACE: And when that's formed,then that committee kind of
dissolves?
MR. HIRAI: That committee is also
MR. INABA: Sorry. Could you turn on your mic.
MR: HIRAL That committee is also well positioned when the bond issues come
forward;having done all of the underlying analysis as to the formation of the
district. So they are likely to be involved at that point to some degree, depending
on the structuring of the bond issue.
MR. HUSTACE: Okay. And then you had some other parties that were listed
there too. These individuals that are outside of the review committee that are
kind of working through the different parts of the process as well. Particularly,
are these parties paid by the CFD fees?
MR. BAUER: Yes. So the first portion of that is, I talked about getting the
formation deposit, and there's a reimbursement agreement they get sent to sign
too. So for the hourly work associated with formation, those parties are paid
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from that. And the developer will typically get reimbursed from bond proceeds
for that deposit.
But when you get to the bond sell portion, a lot of the parties there are paid from
the bond proceeds. So some you don't want to have contingent, like our
appraisal. Let's just say that an appraisal came in lower, and we'd want to know
that, right? And so that will be one that we get some additional funds or deposits
from the developer to make sure we have those paid.
But underwriter, a portion of Bond Counsel, a portion of Municipal Advisor, a
portion of Special Tax Consultant, all those are paid from the bond sale
proceeds. It's a set of line items within the sources and,uses that we prepare.
MR. HUSTACE: Now as the,you know, typically the one landowner that's
identifying the CFD as a possibility for improvement of infrastructure in the
area, and they'll sell out the parcels underneath over time as they subdivide and
whatnot, the appraiser and kind of the appraised values could change over time
though. And so will that fluctuate the taxes that are levied on each of the parcels
over time?
MR. BAUER: So the appraisal is done at that time of bond sale. They make
sure that we have the value-to-1 en"ratio criteria. Once bonds are sold, that is set.
No matter what those values change, they will not adjust up or down.
The special tax rates are not tied to actual values of the property. It could be
done, you know, any number of things; square footage, length of a lot, anything
like that. So no
But what would oftentimes happen is you have the appraisal done, and
oftentimes the value of the property is improved over time. But one is you have
moire construction and more homes built. That's a credit positive. And then,
two,yes, in general,uptick in home prices, typically.
And so, oftentimes, that value-to-lien ratio, which you could derive by looking at
the disclosure reports, you would look at more value over time. But it would not
change the amount that's actually collected from the property taxpayers.
R. HUSTACE: Because that's set from the get-go there.
MR. BAUER: That Rate and Method of Apportionment.
MR. HUSTACE: But the build-out and development could change over time.
You know, it's kind of a separate piece of it, but the build-out could change.
And so it's early parties, early investors, or buyers of the parcels in there could
have a different outcome than those maybe later on in terms of the evaluations
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are changing, or developer goes a different route in terms of build quality or
those sorts of things. So there could be some differences there for sure.
MR. BAUER: Oh sure. So we would want to, I think, more relevant in that
regard is the tax burden, the effective tax rate. And so, what we would often
look to do is, when we sell bonds at that point in time, make sure—okay let me
make something clear. When we look at effective tax-,rate burden, we're not
saying, "What do you think you're going to sell it for in five years?" And we're
going to benchmark off of that.
What we're going to look at is what are you selling'for now, and what's our
appraiser saying you can sell it for now? And we're going to make sure we don't
exceed that threshold now.
So if it gets better for property owners, that's great. But what we don't want in
the situation is when that tax burden,is so high it'll, one, make it so that they
can't sell homes, or, two,you as a Council have set it up so that these
homeowners have a very high tax burden,through the property.
MR. HUSTACE: Thank you. You know, the,one CFD we have right now was a
very specific infrastructure investment in wastewater_ And so when we're
looking at, in this body, and the review committee are looking at that public
benefit, you know, that one was avery specific, it was on the site. It didn't
necessarily directly benefit the public good:
So I'm curious how much, from the review committee, you know, that's really
weighed in terms of the public benefit. Because that example we have was site-
specific. Those improvements were on that property. So that one seems to be
kind oftnnaybe miss the mark in terms of a public benefit, like a direct public
benefit, of Some of the other listed things in terms of roads and surrounding
areas,,not necessarily on the property itself.
MR. BAUER: Yeah. So that was a very unique situation. You could very
clearly identify the public benefit, and it was something that the County, I think,
recognized as a real high priority for it. You're not sure you can get that many
more of those circumstances.
Now for a lot of the other CFDs, and I'm not speaking to any specific CFD right
now, but what I'm saying was a lot of other CFDs where you get a set of homes
being built in the area that's already pretty much well developed out. Sometimes
identifying the public benefit in that situation is a little more difficult. It can take
a long time to kind of sort through.
And I think that's probably a more typical situation that you'd beI think we get
two very clear situations, is what you just described through the last CFD and an
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enormous development that's really going to, and hopefully in a positive way,
change an area, make it,you know, things more accessible. Those are the ones.
The ones that are more difficult are some of these mid-size projects. And then it
really has to be a hard discussion about what is the public benefit of doing this
CFD.
MR. HUSTACE: Thank you. The last question I had is kind of about that
marketability of the CFD because, at one lens,you'know, as a potential buyer of
a parcel within a large development, you say, "Well, the infrastructure is coming
with this. It's going to be upfront. It's builtout,"these sorts of things.
And then, through your analysis of existing CFDs, I mean, is that—does that
outweigh the taxes levied over time for the duration of the CFD process? You
know, in terms of marketability, in terms of this is something thatan investor or
a homebuyer would be, "You know,this is a fantastic opportunity. The roads,
these wastewater investments, really outweigh the taxes that I'm taking on down
the road."
MR. BAUER: Yeah, it says as long as you don't overburden the property, that's
the truth.
What we're seeing, and this is relatively new, last two or three years in this
current housing market, is homeowners are just really embracing areas that have
things like Community Facilities Districts. They have different names in
different states. ,But, while you have these special taxes on real property, those
projects are outperforming other projects in that they look to the amenities and
kind'ofthe newer facilities.
So I think that's what we're seeing as the answer, as yes. And I think two things.
One is, if we overburden a property, then that would not be true. But two, to the
extentthat those economics change, you're not going to be getting any petitions.
If you're getting petitions, that developer has evaluated and said, "This works for
my project."
And I think then from the County's perspective, is that it's great that it works for
that developer, that for-profit developer, but does it work for us? And that's
where that public policy that we had just talked about layers into that.
MR. HUSTACE: Thank you. I appreciate your time. Thank you, Chair.
CHR. GALIMBA: Thank you. Council Member, Kaneali`i-Kleinfelder.
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MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for the overview.
It's similar, in a way, to our improvement district process, which I walked
through early on in my career here, but different.
MR. HIRAI: It's similar in the sense that the given district is supporting the
infrastructure costs. The methodology differs in that the special tax, it's a really
better suited for developements rather than established-communities, in that the
improvement districts that you're familiar with, the rate is set, and that is the
rate, and it's fine for an established community. But when you have a new
development where there's undeveloped land, which will become developed land
and therefore bear different burden for the tax, the Rate and Method of
Apportionment is a more flexible tool to deal with evolving states of
development within the district.
MR. KANEALI`I-KLEINFELDER: Okay. Okay. Thank you-,—
MR. HIRAI: If you have the tax on developed land, it's like some flat number
per acre. As you get these lots subdivided and they become improved properties,
they get a different tax category.
MR. KANEALI`I-KLEINFELDER: In that circumstance, let's say the
developer owned, you know, a large parcel, built out a quarter of it. The larger
parcel, does the developer pay the,taxes in'the Community Facilities District on
their portion of the remaining parcel?
MR. BAUER: Yeah. So the Rate and Method would describe a typical Rate and
Method Apportionment.
So the first thing aboutRate and Method Apportionment, it says if the property is
considered developed, we're going to levy. And let me explain to you why you
wart to make sure that happens.
Then, if bonds are sold, and there's not enough of those developed properties to
be levied;then you levy undeveloped property. And typically that undeveloped
property is almost all the developer would be paying back.
But if the developer had full building permits and not sold those to individual
homeowners, they would also be responsible for that portion of the developed
levy as well.
MR. KANEALI`I-KLEINFELDER: Would it be on a per lot basis? Per parcel
basis? Or a per—what is the basis?
MR. BAUER: It's most frequently done in,you can say per lot, but then there's
a square footage identified and a tax rate identified to it. So hopefully it's set up
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so the smaller units are paying less than the larger units. Whatever the square
footage was on the building permit will dictate what that developer is paying for
that lot.
MR. KANEALI`I-KLEINFELDER: Okay. That's more fair to say, yeah to, you
know, 100 acres and you developed 25, you have one lot; but it's 75 acres you
have.
MR. BAUER: So let me—so on these type of developments, it'd be unlikely
that you'd build one house on 75 acres. But whatyou might have is those areas
have not sold a home yet. So you can say that property owner has one parcel.
The undeveloped tax is done on a per acre basis. And so=what it's designed to do
is say if every home was developed, here's the revenue stream that's needed. If
no home is developed, state the number of acres within this CFD divided by the
amount we need, and it's that,much per acre. So when a developer owns an
undeveloped acre, they're paying their fair share in that situation.
MR. KANEALI`I-KLEINFELDER: Okay—=Good. What in the petition part is a
non-vote counted as? When I see a lot, and when I faced the lot in the
improvement district process, was non-votes were counted as a, I can't
remember if it's a positive or negative,but it has a,bearing. You know, a lot of
vacant landowners, who don't vote, are they considered a yes or a no?
MR. HIRAL For protest purposes?
MR. KANEALI`I-KLEINFELDER: Yes.
MR. HIRAI It is,it takes an,objection. If somebody is silent, it isn't—the
threshold is 5% of the owners of property, or 55% of the property owned have
filed,objections;,that stops it. So the others could be silent or they could be in
favor. But they're treated the same.
MR. KANEALI`I-KLEINFELDER: Sorry. So the silent votes are a negative?
MR. HIRAL No. Silent votes are basically
-
MR. KANEALI`I-KLEINFELDER: They're not counted.
MR. HIRAI: They are part of the numerator or the denominator, whichever the
math part is. They are part you need 55% of the landowners to object in order
to stop the process. If the remaining 45%, they could be in favor or silent, and
they will be treated, I guess they will be treated, as in favor.
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MR. KANEALI`I-KLEINFELDER: Okay. So you have ten people. That's
your pool. And you have six people that remain silent.
MR. HIRAI: Then that doesn't pass the protest threshold.
MR. KANEALI`I-KLEINFELDER: Okay. You have four people silent.
MR. HIRAI: Yeah. If four people are silent and six object, then the proceedings
have to stop for at least a year.
MR. KANEALI`I-KLEINFELDER: If four people are silent out of ten
MR. HIRAI: Yep.
MR. KANEALI`I-KLEINFELDER: Six people object, it stops for a year?
MR. HIRAI: It's what?
MR. KANEALI`I-KLEINFELDER: It stops for a year?
MR. HIRAI: Yes, under the County Code. I believe it's under the state statute
as well.
MR. KANEALI`I-KLEINFELOER: Okay. If four people object, sorry, if four
people are silent and two people object, what happens?
MR. HIRAI: Okay. At that point, it's up to the County Council to say, well,you
can hear the,protest and you can say I think that's on balance. At that point it
becomes a judgmehtcall; it's not a mandatory.
MR. KANEALI"I-KLEINFELDER: Interesting. Okay. Define outperforming.
MR. BAUER: In what context did I use that terminology?
MR. KANEALI`I-KLEINFELDER: You said that developements or developers
using Community Facilities Districts; developments are outperforming similar
developments.
MR. BAUER: Are they selling more quickly?
MR. KANEALI`I-KLEINFELDER: Selling more quickly?
MR. BAUER: Yes.
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MR. KANEALI`I-KLEINFELDER: So we look at outperforming as selling
faster? Okay. And then what is there is a mention of a fee from your agency.
Did I hear that correctly, or no?
MR. BAUER: So the fees for the consultants on the formation side are typically
charged hourly. And the developer is required to post a formation deposit to
cover those fees. And then when it gets to bond sale, aportion of the fees switch
to contingent and are paid for from bond proceeds.
MR. KANEALI`I-KLEINFELDER: Okay. All proceeds?
MR. BAUER: From bond proceeds.
MR. KANEALI`I-KLEINFELDER: Oh, the bond proceeds::Okay. So it's
interesting to me that a developer would use this tool to eliminate costs from
their books to build out developments using the potential buyers of the properties
to pay for the improvements that normally the developer would have to be
installing.
Does this in any way a11dw the developer to walk away from our subdivision
codes by saying we're adheringto the code, yet we're going to build this out and
put it on the individual homeowners,potentially in the future and now, to pay
for? Or am I not understanding what yeou folks are presenting?
MR. RAVER: So with the knowledge that I have available to me, there's
nothing about forming a CFD and selling bonds that interjects with your building
code or your approval process. 'This°is just a financing mechanism that allows
for a portion of those to be financed.
MR. KANEALI`I-KLEINFELDER: Okay. I'm going to yield for right now.
Thank you.
CHR.GALIMBA: Thank you. Council Member, Kimball.
MS. KIMBALL: I think, Council Member Kaneali`i-Kleinfelder, I might have a
mquestion that will get to the same answer that you're looking for, which maybe is
a question to our Director, but you guys can perhaps answer as well.
I'm curious why, from just a broad 30,000-foot-level view, why we haven't had
more Community Facilities Districts attempted in the County.
MR. BAUER: What I have found is areas, when they have them, they tend to
have a lot of them. And so I think the islands, in general, have not had that many
formed. And so it's not necessarily the norm.
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What if this one and,you know, others with other counties start happening on a
more frequent basis? What'll happen is, when a property purchaser looks to buy
land, they're going to say, "County of Hawaii does this. Here's the conditions
that they will do them. I'm going to build that into my bid, in my purchase."
And when that starts happening,you'll have more that would come your way.
But right now, you just haven't had that. There was a lot of activity in the early
2000s, and all those developments stopped. And so we'll see how far this goes
this cycle.
MS. KIMBALL: Director, can I ask if you have any thoughts on—and while
Director Nakagawa is coming up, how many are there in—I'll wait.
MS. NAKAGAWA: Diane Nakagawa, Finance Director. I'm sorry. Could you
repeat the last question?
MS. KIMBALL: Same question, in terms of your thoughts from,having been
here for a while. What reasons there might be for not having more than just the
one?
MS. NAKAGAWA: Well, I kind of laughed when,itwas asked, only because
this team here, our support team, has been here much longer than I have, and
they have gone through the various stages of tries that those that have come
forward and things that have happened. So they have a lot more of the details of
what,didn't' cite work. I don't know, Brian, if you wanted to add to that as well.
MR. HIRAI: At one point, in the mid-2000s, from 2004 to 2008, there were
probably,about 10 projects underway seeking CFD formation.
2008 hit, and all of those developments stopped. All of the capital to support the
continuing developments stopped. And it took a long time for that to come back.
And when the developments did start back up again, at that point there had been
one CFD done on Kauai and none done anywhere else. And being the first one
is sort of not the known quantity to the land developers as whether or not it's
worth doing, whether they want to be the first ones, and what's going to be
imposed.
Sothose kinds of things kind of slowed things down as people examined, well,
should we think about it? And I can't get inside the developers' head, but I
know those things were going on.
MS. NAKAGAWA: You know, our team was just talking about this earlier
today when we were discussing the other the CFDs around the state. And as
Brian mentioned, there was one in Kauai, and on ours we recently had got—we
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recently had another discussion with City and County of Honolulu, who, they
were asking us for kind of, how do we go through this process because they are
starting to get more interests as well.
And this team also did a similar presentation there. So they're seeing the
interests from the development community in this tool. And so, as Brian
mentioned, there could be a number of reasons as to why things happened in the
past and certain timing, the economy that could play into it as well. But I think
once it starts happening, there's definitely more interest in it.
MS. KIMBALL: Are there restrictions on the funds'acquired through this
process, in terms of the procurement process and like, Dads-Bacon and all of
that? Is that—because it's ultimately the funds go to the developer to do the
improvement, right? They contract, they do all of that, or they because these
monies flow through the County government.., are they restricted by these same
restrictions that we have as the County?
MR. HIRAI: There will be restrictions that will be imposed in the acquisition
and funding agreement so that the County will be able to ensure that public
policies, in terms of how these projects go forward, that public policies are
honored, standards are applied. They may not be directly out of the statutes, but
the County does have a say-so.
MS. KIMBALL: Okay. I know mechanically what the difference is, but maybe
just for folks here, the difference between a Community Facilities District and
Tax IncremeritFinancing, which was an item that went through the Legislature.
Which I find, if understand the,bills correctly, they actually require the counties
to have tried to do Community Facilities District, before we can take advantage
of the Tax IncrementFinancing.
So'could you kind of describe where the two different—how the two models
differ?
MR. HIRAL For Tax Increment District, what is captured is the effective
increase in the appraised or assessed value. As opposed to an add-on tax, it is the
tax rate applied to a higher assessed value.
NM. BAUER: Once again, Adam Bauer again. A CFD is creating a new
revenue stream. That special tax will not exist should that CFD not be formed.
Increment District is locking values in a certain place, and then above that,
taking those and applying them into a very specific way, if there's no new
additional revenue being created. It's just how you apply those. Those are the
two big differences.
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CRCOC-22 July 22,2026
MS. KIMBALL: So I'm not sure, Matt, if I was kind of getting at some of the
questions. I can't always read your mind, like many of us.
But I do think that we haveI don't think it's a mystery why we only have one
and why these have been used so rarely. I think that there are a lot of things,
probably, within our Code and structure, that actually disincentivized this type of
approach of developer-funded infrastructure versus incentivizing, "Well, we'll
just build it and then the County will have to have the responsibility for the
infrastructure later."
We have enough opportunities for variancesand getting around the requirements
that I don't think a lot of developers would actually see the obligation to do this,
and that's why we haven't had more of them actually used: I'll yield at that
point. That's just my thought.
CHR. GALIMBA: Council Member,Kagiwada.
MS. KAGIWADA: Thank you, Chair. Just wondering, what would the role, if
there is any, of our Office of Housing and Community Development be with
these? Is it strictly they Would come and they would go to Finance, or they're
talking to Finance and our Office of Housing andCommunity Development isn't
really involved? And is our OHCD, are they well versed on this, already? Have
you met with them? Do they know?, Is it something they can, for instance,
recommend to a developer who may come it to meet with them and be needing
some resources? Thank you,Director.
MS: NAKAGAWA: Diane Nakagawa, Finance. At this time, no. The Office of
Housing and Community Development is not involved in the CFD process today.
MS. KAGIWADA: Are they at least aware? Do they know about it so they
could tell developers about it if they came to them?
MS. NAKAGAWA Yeah. We have had some recent discussions about how a
CFD works, and we're looking at providing a little more education to some of
the questions that we got from our Housing Administrator.
S. KAGIWADA: Okay.
MS. NAKAGAWA: Yeah.
MS. KAGIWADA: Thank you.
MS. NAKAGAWA: You're Welcome.
MS. KAGIWADA: I yield.
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CRCOC-22 July 22,2026
CHR. GALIMBA: Alright. All in favor of closing file on Communication 969,
please say "aye." Any opposed?
Vote on Comm. 969: The motion to close file on Comm. 969 was carried by the
Filed following voice vote:
Ayes: Committee Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewcz, Kimball,
Onishi, Villegas, and Chair Galimba—8.
Noes: None.
Absent: Committee Member Inaba 1.
Excused: None.
CHR. GALIMBA: That brings us to the end of our agenda. Thank you so much.
ADJOURN- There being no further business, at�2744 p.m. Chair Galimba adjourned the
MENT: meeting.
Approved:
Ms. Michelle M. Galimba, Chair (Date)
Communications, Reports,
and Council Oversight Committee
MG/mp
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