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Home My WebLink AboutRES 205 Draft 01 2016-2018 1Iawai`i County Council-15 June 7, 2017 ORDER OF RESOLUTIONS Res. 192-17: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO HAWAII WILDLIFE FUND Approves a grant of$13,200 to Hawai`i Wildlife Fund, a 501(c)(3) nonprofit organization, for the purpose of protecting, preserving, and restoring the Kawa properties (Tax Map Keys: 9-5-016:006 & 025; and 9-5-017:005 & 007), pursuant to Section 10-16(a) of the Hawai`i County Charter. Reference: Comm. 261 Intr. by: Ms. David Approve: FC-18 ADOPTED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter—8. Noes: None. Absent: Council Member O'Hara— 1. Excused: None. Res. 205-17: ACKNOWLEDGES THAT HAWAII COUNTY AND THE HAWAII DEPARTMENT OF TRANSPORTATION HAVE HISTORICALLY DISCRIMINATED AGAINST LOW INCOME AND NATIVE HAWAIIAN COMMUNITIES OF THE PUNA AND KA`U DISTRICTS, AS ESTABLISHED BY THE OFFICE OF CIVIL RIGHTS' SEPTEMBER 28, 2000, RULING, AND PLEDGES THE COUNCIL'S COMMITMENT TO ADDRESSING DISPARITY AND PREVENTING DISCRIMINATION AGAINST DISADVANTAGED POPULATIONS States that limited police services, substandard roads, and a lack of medical facilities, water, and sanitation in the Puna and Ka`u districts have been recognized by the Federal government, and commits the Council to addressing this disparity. Reference: Comm. 281 Intr. by: Ms. Ruggles Negative: GREDC-4 (Due to a vote of 1-aye, 8-noes) POSTPONED INDEFINITELY: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Poindexter—7. Noes: Council Members Chung and Ruggles—2. Absent: None. Excused: None. (Note: Ms. O'Hara and Chair Poindexter voted"kanalua"then"aye." Mr. Chung voted"kanalua"then"no.") Page 3 oJNtYfos N, COUNTY OF HAWAII •f. �-' '%=t . STATE OF HAWAII RESOLUTION NO. 205 1 A RESOLUTION ACKNOWLEDGING THAT HAWAII COUNTY AND THE HAWAII DEPARTMENT OF TRANSPORTATION HAVE HISTORICALLY DISCRIMINATED AGAINST LOW INCOME AND NATIVE HAWAIIAN COMMUNITIES OF THE PUNA AND KA`U DISTRICTS, AS ESTABLISHED BY THE OFFICE OF CIVIL RIGHTS' SEPTEMBER 28, 2000, RULING, AND PLEDGING THE COUNCIL'S COMMITMENT TO ADDRESSING DISPARITY AND PREVENTING DISCRIMINATION AGAINST DISADVANTAGED POPULATIONS. WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance, and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, Section 1-101, directs federal agencies to identify and address the disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations; and WHEREAS, on September 28, 2000, the Director of the Office of Civil Rights of the Federal Highways Administration ruled in favor of the Sustainability Committee in response to its complaint of discrimination against the Hawai`i Department of Transportation (HDOT) and Hawaii County as indicated in the attached Exhibit A; and WHEREAS, complainants (the Sustainability Committee) alleged that State and County officials deliberately undercount residents to favor large landowners/developers, and that State and County officials knowingly zone residential land as agricultural land, based upon erroneous projected population figures that could not be supported by State or Hawai`i County officials; . and WHEREAS, complainants alleged that the substandard subdivisions of Hawai`i Island (in Puna and Ka`u ) have been, by design, denied access to basic infrastructure and services for forty years while continuously providing taxes that subsidize additional services to existing, already served, higher income communities; and WHEREAS, complainants also alleged that"the primary financial beneficiary of the tax subsidy provided by these substandard subdivisions is the town of Hilo, which has had a substantial per capita subsidy in taxes paid and services received for every year since 1955"; and WHEREAS, the Federal Highways Administration concluded that evidence supported the allegations raised in the complaint of discrimination, and that HDOT and Hawai`i County were not in compliance with the requirements of Title VI of the Civil Rights Act of 1964 as outlined by the procedures and requirements at 23 Code of Federal Regulations (CFR), Part 200 and 49 Code of Federal Regulations (CFR), Part 21 as well as Executive Order 12898, Section 3-3; and WHEREAS, the Hawai`i 2011-2015 American Community Survey estimates that 33.4% of persons in the Pahoa census tract are estimated to be living below the federal poverty level in comparison to the Hilo (Kahuku-Kaumana) census tract where 8.3% of persons are living below the poverty level; and WHEREAS, Section 2.1, Table 2-2, of the Hawai`i County General Plan 2005, as amended, states that the estimated resident population in Puna as of 2015 will be 49,801, and that Puna is now, and will continue to be, the most populous area of Hawai`i County through 2020; and WHEREAS, according to the April 12, 2017 budget presentation by Hawai`i County Police Chief Paul Ferreira, the district of Puna is being served by the fewest police officers per capita in Hawai`i County; and II WHEREAS, substandard roads in Puna cause many residents to drive for more than an hour to reach the nearest hospital; and WHEREAS, the lack of any wastewater treatment facilities in Puna is the primary challenge to the construction of a hospital in the area; and WHEREAS, the Council fmds that the access to clean drinking water for many Puna residents does not meet the standards established by the United Nations human right to water and sanitation in Resolution 64/292, in part because many residents must drive up to 40 minutes on unpaved substandard roads to access and haul drinking water from spigots; and WHEREAS, disparity in Puna is prevalent given that access to basic infrastructure and services such as limited police services, substandard roads, a lengthy distance to the nearest hospital, and lack of reasonable accessibility to clean water and sanitation, all endanger the health and well-being of residents as well as limit economic growth, creating an inequitable experience to that of neighboring districts of Hawai`i County, despite having a comparable population size and paying comparable taxes; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it acknowledges the September 28, 2000, ruling establishing that the County of Hawai`i and the Hawai`i Department of Transportation have historically discriminated against low income and Native Hawaiian communities in Puna and Ka`u. BE IT FURTHER RESOLVED that the Council of the County of Hawai`i herein commits to addressing disparity and preventing discrimination against low income,Native Hawaiian, and other disadvantaged populations of Hawai`i County, particularly in Puna and Ka`u. 2 BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Governor David Ige; Honorable Mayor Harry Kim; Ford Fuchigami, Director of the Hawai`i Department of Transportation; Ralph Rizzo, Hawai`i Division Administrator of the Federal Highways Administration; Frank Demarco, Director of the Department of Public Works; Michael Yee, Director of the Department of Planning; William A. Kucharski, Director of the Department of Environmental Management; Collins Tomei, Director of the Department of Finance; Curtis Sharp, Administrator of the Mass Transit Agency; Charmaine L. Kamaka, Director of the Department of Parks and Recreation; Paul Ferreira, Chief of Police, Hawai`i Police Department; Keith Okamoto, Manager-Chief Engineer of the Department of Water Supply; and Joseph K. Kamelamela, Corporation Counsel, Office of the Corporation Counsel. Dated at , Hawai`i, this day of , 20 . INTRODUCED BY: if CO IP1 C ' MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i CHUNG DAVID I hereby certify that the foregoing RESOLUTION was by EOFF the vote indicated to the right hereof adopted by the COUNCIL of the KANU]HA County of Hawai`i on LEE LOY O'HARA ATTEST: POINDEXTER RICHARDS RUGGLES Reference: C-281/GREDC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 205 17 3 • • ;- . :p(i11=CT: Analysis of Evidence .. - : . Complainants allege that State&County.officials"deliberately".•undercount residents due to policy by State and County officials-in favor.of large land owners',/developers Complainants allegethat`State and County officials knowingly zone residential land as farm land,based upon or:Ha aii orted-: the State w , . erroneous;pro}�c#ed°population=figures;Which cannot Vie:supp by; County officials : • Complainants provided•data which shows that the HDOT&Hawaii County are excluding:low income and Native Hawaiians from consideration:in,its H ;RTP based upon land use policies. Investigation.disclosed that Respondent:officials use outside consultants to prepare population ' . projections,in formulating their general plan Respondent officials were unable-to,provide . .: .documentation regarding how.:the consultants arrive at their projected population data for:any of its jurisdictions Investigation disclosed that Respondents take the word of the consultants without verification,,..: ' Investigation further disclosed that Respondents are riot collecting data in accordance with the • requirements of23:CFR,Part 200.9 (b) (4)and Executive Order.12898,:Sectiorn 3-3. . Investigation also disclosed:through.an interview with the Title-..VI-Specialist for:HD OT that the • Title VT Specialist.only spends 5%of his:time..iii the Title VI`area. - The position description,for the Title ecia VI Splist which is.dated May.8J 1.910, addresses only equal employment.opporturiity�(EEO)duties. There is nothing- r1.the,position description that - covers Title VI . The Title VI Specialist:stated;that he doe not conduct program reviews for compliance_with.Title • • VI nor does he exercise'oversight for Title VI compliance with:subrecipients. Record evidence shows thati-the latest Title VI Plan submitted by HDOT to die Division••Office - . does',not complywith 49'CPR2 i;of 23 CFR 200. . Conclusion: . Based upon the information reviewed durin• g the investigation,the record shows that the Respondents Hawaii.Department of Transportation and Hawaii Countyare not in compliance with':the requirements of Title VI:of the:Civil.Rights Act of 1969•asine onitld by the procedures _ and requirements at 23 CFR 200 and 49 CFR 21 The evidence further shows that the requirements of JEitecutive Order-12898,Section.3-3 are;not being followed. • - of6 Page 4 . . • EXHIBIT A • • Specifically,the investigation.disclosed the following: . .:- . I. The HDOT and Hawaii:County:have failed to collect,analyze and evaluate data' as •required under 49 CFR 21 9:(b),23:CFR-200:9(b),and •Executive Order 12898;.Section 2. The HDOT-dcesnot ha-ve:a v• iable Title VI. Plan in operation, 3. The HDOT's.Title VT Spe•cialist:is not performing:the requirements;of the position as •• outlinedin the regulations at 23 CFR 200.:9'"(b). 'V I.' .RECOMMENDATIONS . - .1. It is recommended that With the:assistance.and guidance of the 'esteri ,.Resource Center and the FH�V 1 Division Offi•c•e,.the HDOT rid.its•s• ubrecipie•nt•, shall.take immediate • 'action to cmpl one into coiance with:23 CFR 200,°49 CFR:21 and Executive Order - 12898 Areas requiring immediate attention and action include,but are not limited to the following: • . . - a. Thea development of a Title VI Implementation Plan that_complies with the regulations; li .:The.immd eiate collection,maintenance and analysis of information.regarding.the populations in:the State of Hawaii identified;by race,national origin,and.income • : level as.opthned:in-Executive Order.1.289•8,Section 3 3 The population areas cited in the complaint should be included in the analysis.• : c. The dataretrieved and analyzed:in-(b)above shall:be immediately and • :.appropriately utilized in the-development the HiRP .: r 2_ It is recommended that HDOT requestand receive.immediate Title VI training:.The western Resource Center will provide the Title VI training • . • • • . .. Page 5 of 6 EXHIBITA