STATE OF HAWAII
BOARD OF EDUCATION
FINANCE AND INFRASTRUCTURE COMMITTEE

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, April 18, 2019

Present:
Kenneth Uemura, Committee Chairperson
Bruce Voss, Esq., Committee Vice Chairperson
Brian De Lima, Esq.
Nolan Kawano
Kili Namau‘u
Catherine Payne
Dwight Takeno
Patricia Bergin, Ex Officio

EXCUSED:
None

ALSO PRESENT:
Christina Kishimoto, Superintendent
Amy Kunz, Assistant Superintendent and Chief Financial Officer, Office of Fiscal Services
Dann Carlson, Assistant Superintendent, Office of School Facilities and Support Services
David Brookshire (“Brook”) Conner, Assistant Superintendent and Chief Information Officer, Office of Information Technology Services
John Chung, Public Works Manager, Project Management Section, Office of School Facilities and Support Services
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Board Private Secretary
Irina Dana, Secretary




I. Call to Order

The Finance and Infrastructure Committee (“Committee”) was called to order by Committee Chairperson Kenneth Uemura at 11:00 a.m.


II. *Public testimony on Finance and Infrastructure Committee (“Committee”) agenda items

Committee Chairperson Uemura called for public testimony. The following people provided oral testimony.

Name
Organization
Agenda Item
Position
Randall PortPuu Panini HuiIV.B. Update on Status of Implementation of Act 155 (Hawaii Revised Statutes Section 302A-1151.1, Pilot Program for Lease of Public School Land): February 21, 2019 to April 5, 2019Comment
Barry FrancisPuu Panini HuiIV.B. Update on Status of Implementation of Act 155 (Hawaii Revised Statutes Section 302A-1151.1, Pilot Program for Lease of Public School Land): February 21, 2019 to April 5, 2019Comment
Alison FrancisPuu Panini HuiIV.B. Update on Status of Implementation of Act 155 (Hawaii Revised Statutes Section 302A-1151.1, Pilot Program for Lease of Public School Land): February 21, 2019 to April 5, 2019Comment

Randall Port, Puu Panini Hui, testified on his concerns regarding Act 155, including land use issues, property utilization, housing, and community participation.

Barry Francis, Puu Panini Hui, testified on his concerns regarding Act 155, including property use and community engagement. He asked the Committee to review whether it was appropriate for the Committee to discuss issues related to Act 155 during executive session.

Alison Francis, Puu Panini Hui, testified on her concerns regarding Act 155, including current residential properties and property utilization. She detailed that community members previously signed petitions related to disruptive property utilization and feel strongly about the Department’s current Act 155 plans.


III. Approval of Meeting Minutes of February 21, 2019

ACTION: Motion to approve the Finance and Infrastructure Committee Meeting minutes of February 21, 2019 (Takeno/De Lima). The motion carried unanimously with all members present voting aye.



IV. Discussion Items

Amy Kunz, Assistant Superintendent and Chief Financial Officer, Office of Fiscal Services, reviewed the Department of Education’s (“Department”) biennium budget request for fiscal years 2019 through 2021, including the status of budget bills in the Legislature as of April 2, 2019. She noted that there would likely be additional budget decisions by the time the Legislature adjourns on May 2, 2019. Kunz detailed that the Department’s budget priorities are to reprogram existing funds to align with strategic priorities, focus on significant Capital Improvement Program (“CIP”) needs, address Title IX in athletics, and target advancements in strategic priority areas. She noted that the Department slated $18.7 million in existing funds to reprioritize and reprogram in Fiscal Year (“FY”) 2020 and $21.5 million in FY 2021. Kunz reviewed details regarding trade-offs and transfers that the Department submitted to the Legislature and updated salary requirements that the Legislature incorporated into House Bill (“HB”) 2, House Draft (“HD”) 1, Senate Draft (“SD”) 1, Conference Draft (“CD”) 1 (“HB 2 CD 1”).

Kunz reviewed base budget reductions by EDN. She noted that HB 2 CD 1 excludes the use of turnover savings adjustments and trade-offs and transfers to fund programs needs consistent with the Department’s priorities, which reduces the Department’s operating base by $10 million. Kunz stated that the Legislature determined that certain items that the Department of Budget and Finance previously deemed as recurring are now nonrecurring, which reduces the Department’s operating base by about $3.9 million. Kunz detailed that nonrecurring funds includes areas such as Hawaiian studies, resources for new facilities, early college, and the Teacher Certification Stipend Program. She noted that the Department would receive, via current base budget, zero for the Teacher Certification Program in FY 2020 and $1 million for early college in FY 2020, unless additional funds are appropriated.

Kunz reviewed a summary of the general fund requests that the Board of Education (“Board”) approved, the Governor submitted as the executive budget request, and the Legislature appropriated in HB 2, CD 1. She detailed that HB 2, CD1 provides the Department with $2 million in additional workers compensation funds, funds and positions for the Leadership Institute, and funds for auxiliary services. Kunz noted that the Department would receive $2.4 million of its $6 million request for auxiliary services in FY 2020 but would not receive funds in FY 2021. She highlighted that the Legislature appropriated two dieticians and one purchase and supply specialist for the School Food Services Branch that the Department had requested.

Kunz reviewed separate bills for operating, CIP, and grant-in-aid appropriations and comparisons of these various bills and noted that there is still opportunity for the Legislature to appropriate funding for areas as bills move through the legislative session. She stated that bills of importance include HB 1524 HD 1 SD 2, which would appropriate funds for the Department’s operating budget and programs, and Senate Bill 78 SD 2 HD 2, which relates to education. She detailed that the Department initially supported SB 78 SD 2 HD 2 because it would have required the Department to conduct an adequacy study to determine whether its budget is adequate. She noted that the Legislature recently removed adequacy study requirements and added language regarding the Executive Office on Early Learning. However, the bill appropriates $10 million in trade-offs and transfers to the Department. Kunz noted that many budget bills are no longer alive for this session but would remain alive for two years.
Kunz stated that the Legislature could pass additional budget bills in the second year of the biennium. Kunz explained that the budget process recently changed, which is the reason for so many additional bills. She detailed that the House Committee on Lower and Higher Education reviewed and evaluated the Department’s base budget using legislative worksheets.
Kunz explained that legislative worksheets are poor tools for decision-making and highlighted that the Department worked with the subject matter committees and provided legislators with the Department’s summarized and consumable spreadsheets. She detailed that the Legislature added the majority of the Department’s base budget back to HB 2 CD 1, and two budget bills have pieces of the Department’s budget. She noted that it is difficult to make policy decisions based on information available in legislative worksheets.

Kunz reviewed comparisons of budget bills and explained that the $10 million that the Legislature removed from HB 2 CD 1 is now in SB 78 SD 2 HD 2. Kunz reviewed the CIP budget. She detailed that HB 1259 CD 1 makes appropriations for the Department’s CIP requests and includes specific school projects that the Legislature included. Kunz emphasized the importance of CIP funding. She noted that although the current draft of the bill is concerning, the Department has made progress in discussions with legislators.

Committee Member De Lima asked for more information regarding HB 2 CD 1. Kunz explained that HB 2 CD 1 appropriates funding for the operating budget of the executive branch, including the Department.

Committee Member De Lima asked about shortfalls and bottom line numbers. Kunz stated that she would need to get back to him. She explained that it is difficult for the Department to gauge shortfalls because it received collective bargaining increases and detailed that HB 2 CD1 includes the current base budget, collective bargaining, $3.9 million in nonrecurring items, and $10 million in trade-offs and transfers. Committee Member De Lima asked if the Department expects its shortfall to be $15 million. Kunz stated that the Department expects about $14 million in shortfalls and noted that it would not look like a shortfall because of collective bargaining increases. Committee Member De Lima asked about other budget bills. Kunz explained that it is possible for the Department to receive additional funding through other budget bills.

Committee Member De Lima asked about reductions in positions and commented that the Department would not be able to use salary savings from these positions. Kunz confirmed that the Legislature reduced 20 positions and explained that the Legislature did not remove salaries for these positions because they involve federal funds.

Committee Vice Chairperson Voss commented that the Legislature reduced funding for some of the Department’s most successful programs, new facilities, and high-need areas. He noted that these cuts would affect children and asked if the Legislature communicated why it proposed these budget cuts. Kunz stated that legislators have been supportive in meetings with the Department, but the Department is still concerned that the Legislature has not included certain funding in the budget bill. She detailed the Department’s work to be transparent and show how it would expend its budget and expressed concern over the Legislature making cuts to programs afterward. Kunz stated that the Department continues to be hopeful that the Legislature will support the Department’s programs and appropriate $10.1 million. Committee Member Voss asked if the Legislature understands that the budget bill in its current form would affect children. Kunz confirmed that the Department has communicated this to the Legislature.

Committee Member Nolan Kawano asked how the budget bill would affect vacancy rate assumptions if the Legislature does not appropriate an additional $10 million. Kunz detailed how the Department reprioritized $18 million and explained that the Department made assumptions on vacancy rates by EDN. She detailed that the Department assumed a 6.5% vacancy rate for EDN 300, a 2% or 3% rate for EDN 100 because principals are able to sell positions and use funds for other programs if they are unable to fill positions, and a rate of 9% for EDN 150 because the Department needs to provide services, such as skilled nursing, regardless of whether it is able to fill positions.

Committee Member Kawano asked about the Department’s budget. Kunz explained that the Department uses historical amounts. Committee Member Kawano asked about the Legislature’s reduction of $7.6 million to EDN 150. Kunz explained that the Department uses this amount for skilled nursing contracts. Committee Member Kawano asked about hard-to-fill positions within EDN 150. Kunz explained that the Department factors in hard-to-fill positions when requesting dollar amounts and emphasized that EDN 150 might potentially be the most affected due to reductions. She detailed that the Department assumed vacancy rates when reprogramming funds.

Committee Member Kawano commented that the Department has carryover funds that it does not spend, and he noted that he would like to ensure that the Department would spend $10.1 million by the end of the fiscal year. He asked if the Department needs the funding that it requested and stated that the Department needs to stop carrying over large amounts of funding.

Committee Chairperson Uemura asked the Department to report back on final budget bill decisions at the next meeting. He asked the Department to include shortfalls in its report as well as the impact to programs. Committee Chairperson Uemura agreed with Committee Member Kawano and emphasized the importance of zero-based budgeting, financial management systems, and accurate numbers.






Dann Carlson, Assistant Superintendent, Office of School Facilities and Support Services, reported on the progress that the Department made on Act 155 from February 21, 2019 to April 5, 2019. He stated that the Department received approval from the Board of Land and Natural Resources (“BLNR”) to transfer fee ownership of the three properties currently under consideration for Act 155 pilot sites. He noted that this process depends on BLNR, and the Department would continue to engage BLNR. Carlson stated that the Department received comments from the Department of the Attorney General (“AG”) on a draft memorandum of understanding (“MOU”) with the Hawaii Housing Finance and Development Corporation (“HHFDC”). He detailed that the Department would submit comments to HHFDC for review. With HHFDC concurrence, the Department would resubmit the document to the AG for approval and then submit it to the Superintendent for signature. Carlson noted that the Department continues to partner with HHFDC because it is reliant on HHFDC’s understanding of development. He stated that the Department received a response from the AG on competitive procurement requirements for Act 155.

Carlson stated that the Department met with the Department’s Communications Office to provide an overview and begin development of public outreach for Act 155 pilot sites. He detailed that the Department plans to do community engagement before and after publishing a request for proposal (“RFP”) to ensure buy-in and provide community members with the opportunity to provide feedback. Carlson stated that the Department met with the City and County of Honolulu (“City”) to facilitate land transfers under Acts 206 and 210. He detailed that the City agreed to accept easements for public improvements in lieu of requiring the relocation of improvements offsite. He stated that the Department received information from the Department of Environmental Services (“DES”) that sewer capacity for two Kahala and Diamond Head sites is limited and scheduled to meet with DES to determine the degree of limitations. Carlson stated that the Department provided continuous testimony in support of SB 1303 to extend the lease term for Act 155 from 55 years to 99 years and to transfer high school properties under Act 206 directly to the Department. He noted that HHFDC had been successful in doing this previously, and the Department is hopeful that it will be successful as well.

Carlson reviewed next steps and detailed that the Department would meet with DES to determine the impact of limited sewer capacity and how this might affect the viability of the Kahala and Diamond Head sites for redevelopment. He detailed the Department would continue to work on the transfer of lands from the City to the Department. The Department also plans to continue its relationship with HHFDC. He detailed that the Department would most likely begin with an RFP through HHFDC for the Waialae Avenue site and would begin community engagement efforts. He noted that the Department might go through a delayed process trying to do due diligence on the other two sites and plans to use HHFDC’s expertise.

Committee Member Kawano commented that the Department has predetermined that it would use these properties for affordable housing because it is working with HHFDC. Carlson explained that the Department is having discussions with HHFDC because the Department does not have in-house expertise for land development. He noted that the Department has not restricted itself to affordable housing and is reviewing simple solutions to establish land leases with HHFDC. He stated that the Department has discussed 21st century school sites with HHFDC. Carlson detailed that RFPs would determine land use and reiterated that the Department has not restricted land use to housing.

Committee Member Kawano stated that HHFDC might request housing in RFPs rather than 21st century schools because of the nature of the agency. Carlson stated that the Department’s first priority for the pilot project is revenue generation.

Committee Member Kawano asked if the Department included Act 155 projects as part of the Department’s facilities master plan. Carlson explained that the facilities master plan is an assessment tool that would drive budget requests. Committee Member Kawano stated that the facilities master plan address schools, and Act 155 projects are not part of the facilities master plan. He reiterated that the Department has predetermined that it would use Act 155 properties for housing development. Carlson explained that the Department has no intention to build schools on these sites because of a lack of demand. Committee Member Kawano stated that the Department should have sought the Board’s input regarding land use and emphasized that the Board needs to hold community meetings.

Christina Kishimoto, Superintendent, stated that the facilities master plan addresses modernization and design and noted that the Department has been seeking input from communities and principals on school design. She noted that Act 155 provides the Department with the opportunity to generate revenue from underutilized facilities. Kishimoto detailed that the Department could align community wants with land resources. She noted that the Board has commented in the past that the Department should review whether it could meet demands for housing, specifically affordable housing for teachers or mixed-use housing. She highlighted that the Department’s relationship with HHFDC provides it with opportunities to consider housing but the Department has not predetermined that the Department would use land for housing. Kishimoto stated that the Department plans to vet ideas regarding land use through the Board.

Committee Member Kawano stated that the Committee asked about the Board’s role in community meetings in past meetings. He detailed that the Committee’s interpretation of statute is that the Board needs to hold community meetings during the inspection and review period for the five properties that the Board is considering. However, the Department’s interpretation is that the Board needs to hold community meetings after the selection of the final three sites. He asked if the Department has determined when the Board needs to hold community meetings. Carlson stated that the Department is trying to gather facts regarding land use development and would do community engagement before publishing an RFP. He highlighted that the Department plans to set up community engagement for the three sites in the next month. Committee Member Kawano asked the Department to verify the Department’s interpretation of statute with the AG. He noted that statute might require the Department to conduct community engagement prior to gathering information. Carlson stated that the Department must review statute requirements for community engagement. He noted that the Department’s intent was to start the RFP process with HHFDC but the Department could review other options as it develops an RFP.

Committee Member Catherine Payne asked about the Communications Office timeline for public outreach. She emphasized the importance of engaging the community as soon as possible to prevent public misconceptions that the Department made predeterminations. She stated that the Department needed to clarify the intent of Act 155 for the public because there might be confusion around the Department building 21st century schools versus generating resources to modernize and build 21st century schools.

Committee Vice Chairperson Voss asked about the Department’s due diligence for the three properties. Carlson stated that the Department is determining sewer capacity for sites. John Chung, Public Works Manager, Project Management Section, Office of School Facilities and Support Services, stated that the Department is reviewing the best uses of properties explained that sewer capacity relates to maximum development potential and infrastructure. Chung noted that the purpose of Act 155 is for the Department to monetize properties to support programs.

Committee Vice Chairperson Voss asked about the types of projects that the Department is reviewing, such as housing, mixed-use housing, or retail. Chung stated that the Department has not determined projects because it is still doing due diligence. He explained that the purpose of an RFP is for developers to submit proposals and the Department cannot publish an RFP if it is not aware of the conditions of properties. Chung detailed that developers expect the Department to do due diligence and provide information.

Committee Vice Chairperson Voss commented that the three sites are pilot sites and present the Department with opportunities to determine processes, timelines, and relationships. He emphasized the importance of the Department moving forward and bringing Act 155 to reality.

Committee Member De Lima commented that the highest and best use for properties would be housing because properties are not zoned for commercial use. He stated that the Department needed to review the legal use of land that is currently residential. Chung clarified that the use of land allows for zoning changes. Committee Member De Lima commented that zoning approvals might cause further delays and might not be feasible. He asked about acres of land. Chung stated that one site is five acres and another site is eight acres.

Committee Member De Lima stated that it might benefit the Department to predetermine land use because some scenarios for land use are not plausible. Chung detailed the Department’s role in determinations. Committee Member De Lima stated that the Department could determine highest and best use in an RFP and see whether developers would be interested. He detailed that certain unit developments could potentially result in less opposition from residents and stated that opposition would stall and delay the project.

Committee Member Kawano asked about highest and best use versus revenue generation. He asked if the Department could provide the Committee with information regarding how it plans to select a developer’s proposal. Kishimoto stated that the Department plans to seek input from the community prior to developing an RFP and would share its RFP with the Committee before sending it out to developers. She stated that the Department is attempting to clearly articulate the conditions of properties to potential developers so that it receives proposals that are feasible.

Committee Chairperson Uemura stated that developers determine highest and best use and noted that developers were interested in two sites in response to the Department’s request for information (“RFI”) and indicated best land use and zoning changes. He stated that the Department’s new plan delays the project. Committee Chairperson Uemura stated that the Department has a contract with SSFM for $1.1 million and asked how this contract aligns to the Department’s work with HHFDC and how SSFM is contributing to the project. He detailed that the Department hired SSFM to help with an RFP, but is now working with HHFDC. The Department planned to do an MOU, but it is now using RFPs. Committee Chairperson Uemura stated that he is aware that the Department does not have the expertise, which is why it is working with agencies and consultants, but the Committee has not seen results. He detailed that there are mitigation factors related to sewer capacity, but developers needed to review and mitigate sewer capacity otherwise developers would not be interested in developing anything on the properties. He stated that the focus of Act 155 is to develop 21st century schools rather than to generate revenue and noted that there would be trade-offs if 21st century schools do not generate revenue. Committee Chairperson Uemura emphasized the importance of the Department communicating a timeline and moving the project along.

David Brookshire Conner, Assistant Superintendent and Chief Information Officer, Office of Information Technology Services, reviewed the Department’s Office of Information Technology Services (“OITS”) and the Department’s five-year technology plan. He detailed the characteristics of the Department’s technology vision and roadmap, including that technology needs to run well in a stable and predictable manner, technology, needs to always improve and enhance students’ experiences, and technology needs to prioritize the customer. He stated that another characteristic is that the Department needed to focus on pilots when it does technology transformations so that it could determine the value of technology prior to investing and scaling it to schools. Conner stated that the Department expects that it would buy instead of build custom systems and would minimally customize systems. He detailed that systems need to be cloud-based, mobile-friendly, accessibility compliant, standards-based, and lightly customized to fit Hawaii’s needs.

Conner detailed strategic systems that the Department has or expects to invest in, including Google, GSuite, ServiceNow, Infinite Campus, and Azure AD. He stated that the Department has identified several systems for modernization, including various aspects of payroll, budget, eHR, and time and attendance. He reviewed systems that the Department plans to replace and currently only fixes when something is broken. He detailed that the Department is no longer investing in these systems, such as Lotus Notes, SharePoint, the Longitudinal Data System, and others.

Conner reviewed the Department’s overall technology plan, entitled “Playground for the Instructional Enterprise that is Supported, Safe, and Secure” or “PIES,” and reviewed projects at each level of the PIES architecture. Conner detailed the Department’s timeline to replace and modernize systems over the next one, three, and five years at different levels of PIES. The Department plans to slowly roll out a transition from Lotus Notes to Google in the next year and then scale this transition within three years. He highlighted that Google would enable teachers to video conference, share documents, and collaborate. He detailed that the Department is planning an eCSSS migration in the next three years and electronic signature capabilities in the next year. He reviewed projects that would take place over the next five years, including website and intranet modernization, eHR, and network infrastructure. Conner detailed that the Department plans to implement Azure AD, which would provide the Department with more sign-on security.

Conner stated that the Department plans to implement projects by shifting the focus of OITS to a tiered-support model. He stated that the first tier includes the Information Technology Help Desk, the second tier includes problems that require configuration, and the third tier includes the implementation of new technology to meet needs.

Conner reviewed updates on specific projects, including the migration to Google and the replacement of key Lotus Notes apps. He detailed that the Department would first provide every employee with a Google account and then would provide students with Google accounts. Conner highlighted that this migration would lead the Department to comprehensive automation and would support teacher collaboration and student voice. Other projects include the Department moving documents online, modernizing financial systems, moving to Infinite Campus, and improving operational support.

Conner highlighted that the Department has already begun to create Google accounts for employees, including the Board Support Office, OITS staff, and school technology coordinators. He stated that the Department plans to create accounts for every employee by May 1, start training on May 15, migrate data over the summer, and migrate other employees by the start of the school year. He detailed that the Department would consolidate individual managed tenants, including state offices during the school year, the first group of complex areas during the summer of 2020, and the second group of complex areas during the summer of 2021. He detailed that the Department has posted information to answer questions and is engaging school communities.

Conner reviewed the Lotus Notes to Google transition and highlighted that four Lotus Notes applications are of system-wide importance, including room and resource scheduling, legislative tracking, memos and notices, and budget allocation. He detailed that the Department intends to replace important applications during the summer to December timeframe. Conner stated that the Department is working on a pilot to digitize student records, which would provide schools with more physical space and easier retrieval capabilities. The Department is also piloting with CESSA to implement electronic signatures, which would increase signing efficiency. The Department plans to integrate electronic signatures with GSuite and other applications.

Conner reviewed the Department’s financial management system replacement and detailed that the Department has closed its RFI and is working toward preparing an RFP by June. He noted that the Department is meeting with stakeholders across various offices to ensure that the Department reflects and meets all needs. Conner stated that the Department is moving forward with professional services engagement and highlighted that the contract is in the final stages. The Department plans to review modernization for budgeting, procurement, and asset management. He highlighted that the Department’s objective is fiscal fidelity and transparency.

Conner reviewed student information system modernizations and detailed that the Department is piloting online registration, online federal impact surveys, and multi-language editors, which would enable the Department to produce report cards in other languages. Conner reviewed the three phases for eCSSS migration, including discipline, special education, and English language learners. He stated that recent changes to Hawaii Administrative Rules are driving the changes, and the Department wants to ensure that it implements these changes in the new system of record. He detailed that the Department would launch modules during the start of the next school year with the exception of transfer data for students whose disciplinary action spans the end of the school year, which the Department is already piloting with vice principals.

Conner emphasized the importance of continuous improvement and support and highlighted that the Department is currently adding capabilities to Service Now core functionality, such as major upgrades and new modules, and bringing processes online in Service Now, such as access to Infinite Campus, the designation of technology coordinators at schools, and technology processes.

Connor stated that the Department’s data is showing improvements in total incidents to date, total closed, resolved, and canceled incidents, and total fulfillers. He detailed that OITS transfers domain problems that users are having to officers and further detailed network utilization. Conner stated that network usage is increasing, highlighted funding that the Department received from Spectrum, and highlighted CIP requests in the budget to improve per-school capabilities.

V. Executive Session
This portion of the meeting was closed under Section 92-4 and Section 92-5(a)(6), Hawaii Revised Statutes.

ACTION: Motion to move into executive session to discuss matters that impact public safety and security and to consult with the Board’s attorney on the matters described on the agenda (Takeno/De Lima). The motion carried unanimously with all members present voting aye.

The meeting recessed at 12:57 p.m. and reconvened at 1:32 p.m.

Committee Chairperson Uemura called for public testimony. There was no public testimony at this time.

Committee Chairperson Uemura stated that during executive session the Committee discussed the Department’s information technology issues, which impact public safety and security. The Committee also consulted with the Board’s attorney pertaining to the Board’s powers, duties, privileges, immunities, and liabilities relating to AG comments on the draft MOU with HHFDC and competitive procurement requirements applicable to Act 155.


VI. Adjournment

Committee Chairperson Uemura adjourned the meeting at 1:33 p.m.