HomeMy WebLinkAboutResponse Budget Review Follow-Up 04-06-2020 Part 22
Response: Represents the initial estimate from Department of Water, with a 50/50 share to the
County. Partial cost in FY20, extending into FY21. Unfortunately, bids for this work have come
in significantly higher. Will revisit funding options during the budget process.
3. Please confirm that you have zero (0) current position vacancies. If instead you have any current vacancies or anticipate any positions to become vacant soon, please describe (in more
than a few words) the planned recruitment effort for each, including the date you intend to initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or
start date expected.
Response: See item #1.
4. Regarding “LIABILITY INSURANCE” ($673,960 to $811,238) (page 36), please respond to
the following: Is there any way to avoid the large increase in premium anticipated? Does the
County ask for quotes from multiple insurance brokers with each renewal? If so, was this the lowest quote? If not, could the County seek additional quotes to try and secure similar coverage
for a lower rate? Lastly, if the County considers lowering the coverage what would the risk be
(please quantify if possible)?
Response: The only way to avoid the increase would be to reduce our coverage amounts which
we would advise against as our property is already undervalued. Kauai and Maui both use Atlas Insurance as our broker while Hawaii Island uses Aon. It was advised to me that while
insurance is exempt from procurement, it is not a market where you go out and obtain quotes. All quotes would come back equal as you’re shopping at the same market. See below for
comparison and analysis on premium increases throughout the State. Kauai and Maui
increases were similar, but with the volcano activity on Hawaii Island they experienced an exponential increase.
5. Under “LIABILITY INSURANCE” (page 36), “LIFEGUARD LIABILITY” ($148,164), please respond to the following: What is this? Is it required by law? How much? Can it be reduced? How has this expense item changed over the last three (3) years? Please share the details on
any similar expense item for Police and/or Fire.
Response: This policy is essentially a “retention buy down”. This coverage in effect replaces
the current $750,000 Self Insured Retention (SIR) with a $10,000 deductible and provides a
$1,000,000 limit including defense costs. Please note this retention buy down is only applicable to the lifeguard liability claims and is not applicable to other liability claims brought against the
County. Further, the County would be eligible for a 25% return premium at the end of the policy
Kaua‘i Maui Hawai‘i
Total Coverage $25M $100M $25M
Coverage Structure $10M/$15M $25M/$50M/$25M $10M/$15M
Renewal Date 11/1/19 12/1/19 2/1/20
Current Value of Property $273M $556M $545M
Premium Increase 50.1%49.6%252.9%
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term if there were no claims during the year AND the County renews with the underwriter. The County had 2 reported lifeguard claims and thus did not qualify last term. It is not required by
law and the premium may be reduced although it would be a minimal reduction by increasing
the deductible. It’s important to be cognizant that the underwriters will only provide minimal relief for the increased deductible(s) as they will require certain premium levels to provide the
coverage. If this Lifeguard Liability policy was eliminated, coverage would still be available
under the Excess Liability policy but subject to a $750,000 retention per occurrence. There are no similar programs in place for Police and/or Fire. See below for table of 3-year trend.
6. Regarding “PROPERTY INSURANCE” ($528,378 to $808,841) (page 36), please respond to the following: Is there any way to avoid the large increase in premium anticipated? Does the County ask for quotes from multiple insurance brokers with each renewal? If so, was this the
lowest quote? If not, could the County seek additional quotes to try and secure similar coverage for a lower rate? Lastly, if the County considers lowering the coverage what would the risk be (please quantify if possible)?
Response: See response to #4 above.
7. Under “GENERAL LIABILITY” ($735,001 to $960,000) (page 37), please explain the drop
from $735,001 in FY 2020 to $600,000 in FY 2021 (excluding the $360,000 for “PUHI METALS
RECYCLING – SOIL TESTING” that was moved over from Public Works this year)? Please also provide a breakdown or summary of the “PUHI METALS RECYCLING – SOIL TESTING”
($360,000) expenditure including a schedule of when and how it will be expended throughout FY 2021.
Response: The reduction of $135,000 is an attempt to offset the need to budget for “Puhi Metals
Recycling – Soil Testing”. Prior remediation work was paid out of this “claims” account, and thus we are recommending ongoing costs be budgeted in the same. We expect to expend the
money for the soil testing in Q1/Q2 of FY21. Keep in mind, should claims and actual testing exceed the aggregated budget, a money bill is likely.
7/1/17 - 7/1/18 7/1/18 –
11/1/18
11/1/18 – 11/1/19 11/1/19 – 11/1/20
Premium incl tax $135,560.60 $45,682.35 $135,560.60 $148,164.07
Limit $1,000,000 Pro rata extension
to achieve
concurrency
$1,000,000 $1,000,000
Self-Insured
Retention
$10,000 $10,000 $10,000
# of lifeguards 49 56 60
Payroll $2,750,728 $2,885,899 $2,817,030
Excess Liability
SIR
$1,000,000 eff
7/1/17
$750,000 eff
11/1/17
$750,000 $750,000
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8. Under “SPECIAL PROJECTS” ($1,363,001 to $1,604,001) (page 37), the various proposals and $191,000 increase for the Kaua‘i Humane Society (KHS) may need to be reconsidered as
the County begins to face drastic and devastating fiscal impacts from the COVID-19 pandemic.
Please respond to the following:
Response: See item #2. a. In particular, please reconsider the funding for “FERAL CAT CONTROL” ($50,000). (The
Budget Narrative use of wording “since scope is not negotiable, we have to succumb to their monetary demands” sounds more extreme now.)
Response: If the Kauai Humane Society continues to adamantly oppose the feral cat service, it is imperative that we handle this issue through another third-party vendor. The U.S. Fish and
Wildlife Service could penalize us even further if we do not comply.
b. Please provide a listing of what services are mandated by the Hawai‘i Revised Statutes
(HRS) and the Kaua‘i County Charter, as well as a price listing of what KHS is currently
charging for each of those services.
Response: Attached to this response is Appendix A Detailed Cost Estimate that was provided in
an earlier proposal by Kauai Humane Society. Please note that item #11 on their proposal is General & Administrative which is spread across all services in addition to what they have listed
on a per category basis.
Hawai‘i State Dog Control responsibilities assigned to Counties:
HRS – Chapter 143 governs some aspects of animal control for dogs. HRS § 143-2.5 leaves regulation to the Counties for other animals, such as cats. HRS § 143-1 defines
officers, for purposes of animal control, as “any sheriff, deputy, any member of a [KPD]
police force in counties with a population of less than 100,000 and animal control officers of the several counties of the State.”
The County code in Sec. 22-2.8 makes any KPD or KHS officer responsible for enforcing
HRS Chapter 143. Strangely, HRS § 143-16 requires the County of Kaua‘i to contract specifically with KHS for seizing and impounding dogs (see HRS §§ 143-15 and 143-16).
Also, HRS § 143-16 requires that County dog licensing fees (collected pursuant to HRS § 143-3), be turned over to KHS. Only the County of Kaua‘i has the unique requirement
in HRS § 143-16 that the County “shall” contract specifically with KHS. Under HRS §
143-15, all other counties “may” contract with a humane society.
Kaua‘i County Code (the Charter says nothing about animal control) 1. Dog Licensing. KCC Chapter 22, Article 10 governs dog licensing in the County.
Sec. 22-10.4 requires the Director of Finance to authorize Kaua‘i Humane Society to issue licenses and collect licensing fees.
2. Stray dogs. KCC Chapter 22, Article 2 makes both KPD and KHS responsible for
stray dogs. KCC Sec. 22-2.8 creates duties for KPD and KHS: “any police officer, animal warden [KHS humane officers] and any other officer authorized to seize and
impound any dog running at large” and to issue citations. The existing County code
makes both KPD offices and KHS animal wardens/humane officers responsible for issuing citations.
3. Dangerous dogs. KCC Chapter 22, Article 17 makes an “enforcement officer” (i.e.,
KPD police officer, KHS animal warden and any other officer, see KCC Sec. 22-2.8) responsible for enforcement.
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4. Barking dogs. KCC Chapter 22, Article 25 makes an “enforcement officer” (i.e., KPD police officer, KHS animal warden and any other officer, see KCC Sec. 22-2.8)
responsible for enforcement.
5. Cat Licensing. KCC Chapter 22-24.1 authorizes the County to contract with any humane society or organization to be the County’s “animal control provider”
c. Is it possible to seek any amount of funding from the State to assist with the expenses for the
items that are mandated by the HRS? Response: We are not aware of any other State government funding sources, but it is possible
there may be some, and depending on the terms of the grant or the award, they may be some funds available. In addition to DLNR personnel, the State currently contracts with a private
contractor for animal control predator/pest management on State lands. We highly doubt the
State would contribute funds to help the County with animal control on land under the jurisdiction of the County.
9. Please also provide a listing of what services are mandated by the United States Fish and
Wildlife Service, as well as a budget-forecasted pricing list of each of the services proposed to
be provided by a newly-hired third-party vendor. Is it possible to seek any amount of funding from the U.S. Fish and Wildlife Service to assist with the expenses for the items they mandate?
What about other Federal Government funding sources? Response: US Fish & Wildlife Service (USFWS) currently requires the County to abide by the
Kauai Seabird Habitat Conservation Plan (KSHCP) which include Federal and State regulations
to minimize, mitigate, and monitor.
Minimization: The KSHCP relies on a unique structure to meet the unique need to address the widespread nature of light attraction impacts to protected seabird species throughout Kauai.
The structure of the program enables multiple entities on Kauai to apply individually for take
authorization due to light attraction impacts under one coordinated island wide program. The framework takes advantage of economies of scale and enables a pooling of resources to
achieve conservation goals.
Mitigation: Under HRS 195D, mitigation must provide a net benefit to the covered species and
the HCP shall “increase the likelihood that the species will survive and recovery.” Federal law
requires that any taking be minimized and mitigated to the maximum extend practicable and will not appreciably reduce the likelihood of survival and recovery of the listed species in the wild
(16 USC 1539). The take authorized under the KSHCP will be offset through mitigation
measures conducted at a five acre fenced seabird preserve called Kahumaa Seabird Preserve in Kokee. Conservation actions at the site will include terrestrial predator proofing fencing,
predator eradication, and social attraction to encourage breeding within the preserve. In
addition, feral cat control to prevent cats into the preserve and throughout Kalalau Valley, and barn own control will be implemented. The absence of predators within the preserve and the
unique qualities of the site should enable the seabirds to breed successfully and with higher reproduction rates than in areas outside the preserve, and provide a net conservation benefit
over the 30-year duration of the KSHCP.
Monitoring: The KSHCP requires three types of monitoring: (1) compliance monitoring; (2)
effectiveness monitoring; and (3) take monitoring. Compliance monitoring verifies the
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implementation of the HCP terms and conditions by the individual participants. Effectiveness monitoring evaluates the overall success of the KSHCP to meet minimum legal requirements
and identifies if, when, and why a specific measure is ineffective. Take monitoring compares
the actual rates of take to the authorized amounts at participant facilities.
The actual costs for the KSHCP will depend on the number of participants to the program and
the total amount of take authorized by the agencies. Based on the cost structure and projections included in the latest draft, the County will owe between $805,000 and $965,000
over the next 3 years. The County may ask for financial contribution from the USFWS but it is
doubtful that they will contribute. In the past, USFWS has imposed onto the County the duties and associated costs.
10. Lastly, can the County apply for State and Federal grants to help with these expenditures? If
KHS is applying directly to the State and Federal governments for funding, can the County ask that they allocate those funds to help cover these costs?
Response: Yes, if there are any available grants. KHS declines to provide detailed information about other funding sources (such as private grants and donations). We question the accuracy
of the financial information provided by KHS.
Department of Finance – Accounting
1. Please confirm that you have one (1) current vacancy (Position Number 105) (Recruitment
Status “Possible Reorganization” in HR’s March 15, 2020 Vacancy Report).
Response: See item #1.
a. Please explain the date you intend to initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or start date expected.
Response: See item #1.
b. Please also confirm that there are no other vacancies. If you have any other vacancies or anticipated vacancies, please describe (in more than a few words) the planned recruitment
effort for each, including the date you intend to initiate recruitment, how long you anticipate
recruitment taking, and the earliest hire date and/or start date expected.
Response: See item #1.
2. Under “OTHER SERVICES” ($136,400) (page 42), please describe “CITY AND COUNTY
HONOLULU-DR.LIC COMPUTER USAGE” ($98,400) in further detail. What is this the most cost-effective way to do this? If this has to do with Driver Licensing, why is this item not listed in
their Division’s budget and covered by their revenues? Response: This represents a cost-sharing agreement with City & County of Honolulu with all
jurisdictions across the State who utilize their software. The following departments use this service: Treasury, Real Property Assessments, Real Property Collections, Driver’s Licensing,
Kauai Police Department, and Prosecuting Attorney. County Clerk also uses this service, but
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they pay their own invoice separately. The amounts billed to us depend on usage. We could decentralize the budget amount but it would not save us any money and probably complicate
the payment process.
3. Regarding “INDIRECT COSTS/CENTRAL SE” ($2,680,000) (page 42), please provide some detailed information of how much the County has been saving over the years in electricity costs because of photovoltaic solar.
Response: This has nothing to do with electricity costs. The County engages a consultant on an annual basis to complete a Cost Allocation Plan. This document allocates County indirect costs
which are incurred by County departments that benefit other County departments. The general fund recoups these costs from other funds.
Department of Finance – Information Technology
1. Please confirm that you have zero (0) current position vacancies. If instead you have any current vacancies or anticipate any positions to become vacant soon, please describe (in more
than a few words) the planned recruitment effort for each, including the date you intend to
initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or start date expected.
Response: See item #1.
2. Regarding “DUES AND SUBSCRIPTIONS” ($956,177 to $1,366,177) (page 47), please provide a justification for this $410,000 increase. How much of this is absolutely necessary and
how much of this can be deferred at least for this year? Response: Many of our software subscription costs are increasing. These include Granicus
streaming, Cashiering, Barracuda email backups, filtering and phishing protection, CrowdStrike antivirus, file backup utilities, and document management software. In addition, the County has
been under-licensed for software utilization and needs to come into compliance with vendors. In
order to reduce overall costs, we have decreased the computer replacement costs and prioritized the software based on functionality. We will be reanalyzing need for the current year
in the May 8 supplemental budget, but many of these are just recurring annual maintenance
costs that are operationally unavoidable.
Department of Finance – Treasury
1. Please confirm that you have one (1) current vacancy (Position Number 235) (Recruitment
Status “Interviews” in HR’s March 15, 2020 Vacancy Report).
Response: See item #1. a. Please explain whether you have made a job offer and provide the earliest hire date and/or
start date expected.
Response: See item #1.
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b. Please also confirm that there are no other vacancies. If you have any other vacancies or
anticipated vacancies, please describe (in more than a few words) the planned recruitment
effort for each, including the date you intend to initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or start date expected.
Response: See item #1.
Department of Finance – Driver Licensing
1. Please confirm that you have zero (0) current position vacancies. If instead you have any current vacancies or anticipate any positions to become vacant soon, please describe (in more
than a few words) the planned recruitment effort for each, including the date you intend to
initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or start date expected.
Response: See item #1.
2. For Position Numbers 243, “MOTOR VEHICLE PROGRAM TECH,” 251, “DRIVER LICENSE
CLERK II,” 238, “DRIVER LICENSE EXAMINER,” 252, “MOTOR VEHICLE CONTROL INSPECTOR,” 250, “MOTOR VEH FIN RESPONSIBILITY CLERK,” and 247, “DRIVER
LICENSE CLERK I” (page 54), what are the “Other Source[(s)]” that fully fund these positions? Please describe the reliability of these other sources for FY 2021 and beyond, and explain whether there could be a future need for additional General Fund moneys to cover any portion
of these positions. Response: These are State funded positions as the duties that are carried out are State
mandated functions. We don’t anticipate any need to use General Funds for these positions due to service needs.
Department of Finance – Motor Vehicle Registration
1. Please confirm that you have zero (0) current position vacancies. If instead you have any current vacancies or anticipate any positions to become vacant soon, please describe (in more
than a few words) the planned recruitment effort for each, including the date you intend to
initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or start date expected.
Response: See item #1.
2. For Position Numbers 278, “SENIOR CLERK” and 228, “VEH. TITLES AND REGISTRATION
TECH.” (page 58), what are the “Other Source[(s)]” that fully fund these positions? Please describe the reliability of these other sources for FY 2021 and beyond, and explain whether
there could be a future need for additional General Fund moneys to cover any portion of these positions.
Response: These are State funded positions as the duties that are carried out are State mandated functions. We don’t anticipate any need to use General Funds for these positions due
to service needs.
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Department of Finance – Real Property Assessment
1. Please confirm that you have two (2) current vacancies (Position Numbers 274 and 2108). Please explain in further detail the Recruitment Status description provided in the HR Vacancy
Report of March 15, 2020 (“No Applicants” for Number 274 and “No Activity” for Number 2108). Please explain when recruitment was or will be started again, the current stage of recruitment, and the earliest hire date and/or start date expected for each.
Response: See item #1.
2. Regarding the newly-proposed dollar ($1)-funded position (“COMPLIANCE OFFICER,” page 62), please provide the position number and name (if other than “Compliance Officer”) and
explain when you expect to begin utilizing this position and where you anticipate obtaining the
funding.
Response: This position may be eliminated in the May 8 supplemental budget due to the
impacts of COVID-19. Initially, we were requesting this position to perform Tax Class & Use Compliance auditing under the supervision of the Senior Property Technical Officer. We
proposed that the position be hired as a Program Support Technician II at the SR13 level and
be trained into the Compliance Officer role. In the past year, the Real Property Assessment office has had several private citizens report tax class discrepancies in their neighborhoods and
the results of this indicate that a compliance officer position would easily fund itself several
times over through the course of their work. The compliance officer working together with Appraisal and Clerical staff would be a valuable asset to the RPA office as well as the County
as a whole. Recently the appraisal staff has been required to spend a high percentage of their
time auditing and documenting use violations. This has taken away from their appraisal duties, which are critical to the goal of maximizing revenue in a fair and equitable manner through the
maintenance of accurate property attribute data. The appraisal staff is way behind in neighborhood inspections and stratification analysis, which provides for equity in the
assessments. All other Hawaii counties have a compliance section within their assessment
divisions. This is especially important with our tax on use structure and the many avenues of potential fraud within our tax code.
Department of Finance – Real Property Collections
1. Please confirm that you have zero (0) current position vacancies. If instead you have any current vacancies or anticipate any positions to become vacant soon, please describe (in more
than a few words) the planned recruitment effort for each, including the date you intend to
initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or start date expected.
Response: The Human Resource Vacancy Report will address all vacancy & recruitment questions.
Department of Finance – Purchasing
1. Please confirm that you have zero (0) current position vacancies. If instead you have any
current vacancies or anticipate any positions to become vacant soon, please describe (in more
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than a few words) the planned recruitment effort for each, including the date you intend to initiate recruitment, how long you anticipate recruitment taking, and the earliest hire date and/or
start date expected
Response: See item #1.
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