Loading...
HomeMy WebLinkAboutMIN COUNCIL 2017-07-18 2016-2018 Hawaii County Council th 18 Session 74- Kailua- July 18, 2017 INVOCATION: Pastor Makana Delovio of New Hope Legacy gave the mornings invocation. CALL TO ORDER: 9:09 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair (via videoconference from Hilo) Ms. Karen Eoff, Vice Chair Mr. Aaron Chung, Member Ms. Maile Medeiros David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) (via videoconference from Hilo) (came in later) Ms. Jennifer Ruggles, Member PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. David led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: -18July18, 2017 STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak in support of Bill 47, Draft 2, (Comm. 325.24) and came forward when called by the Acting Chair. Rico Reed, representing the Hakalau Farmers Market. Elizabeth Hansen. Carol Ignacio, representing Blue Zones. Rodger Hansen. Tom Burton, representing the Hakalau Farmers Market. Trusten B. David. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Motion to Ms. Ruggles moved to approve the Minutes of May 3, 2017. Approve Minutes: Seconded by Ms. David and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. Vote on Motion to Ms. David moved to approve the Minutes of May 17, 2017. Approve Minutes: Seconded by Mr. Kanuha and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. Page 2 -18July18, 2017 COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ACTING CHR. EOFF: Council Members, if there are no objections and I know we want to get to Bill 47 as soon as possible, but I would like to go through the reports. There are people here waiting for that to be closed, so. Mr. Clerk, can you read in Finance Committee Report 23? Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. FC-23 NOMINATION OF MILTON PAVAO TO THE SALARY COMMISSION (Comm. 338): Requires Council Confirmation by: August 3, 2017 (Section 13-4(1), Motion to Approve: Ms. David moved to adopt Finance Committee Report No. 23. Seconded by Mr. Kanuha. ACTING CHR. EOFF: I was informed that there may be an amendment to that or MS. POINDEXTER: Chair, this is Councilwoman Valerie Poindexter. Can I amend, I guess, FC-23, with Communication 338.1? ACTING CHR. EOFF: have a copy? MS. POINDEXTER: appointment to the Salary Commission. So there was an error in it, from December 31, 2019 to December 31, 2021. So the change is now December 31, 2021. Motion to Amend: Ms. Poindexter moved to amend Finance Committee Report No. 23 with the contents of Comm. 338.1. Seconded ACTING CHR. EOFF: Okay, thank you. Was that your motion? You moved to amend with Communication 338.1, which would correct the end date to December 31, 2021? Page 3 -18July18, 2017 MS. POINDEXTER: Yes. ACTING CHR. EOFF: Hang on, Council Members. I just have a comment from the Clerk. MR. HENRICKS communication as presented to the Council was an error, as far as expiration date. Ideally, the corrected would have been made verbally in Committee. Then, the Committee Report would reflect the new date, which would have had a binding effect on that. I would have been a nice thing to do. It would have been a nice back to Committee to do this report. Time will run out. Perhaps the best thing to do is just to make it clear before this Council and each Council Member understands that the term; we end of certain date other than what is presented in the Committee report. That is on the record in the minutes and the vote is taken. MS. POINDEXTER: Okay, Chair, I would suggest taking a brief recess, because this is being processed through our Legislative Branch. So, I would ask the Clerk seeing what is being processed, becaus continue, I would ask for a short recess so that our Clerk, Jon, you could clarify ACTING CHR. EOFF Recess: At 9:22 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:26 a.m. ACTING CHR. EOFF: Okay, so I understand the situation. Ms. Poindexter, I ng to accept your motion to amend the MR. CHUNG: This is on the main motion, there is no amendment or anything that? ACTING CHR. EOFF really have a way to amend a communication, but we can go ahead and just vote to approve the amendment to this communication. Page 4 -18July18, 2017 MR. CHUNG Committee meeting when this came up. I really wanted to speak in favor of this character ACTING CHR. EOFF: do you want to just finish this motion that was to amend the end date of his term expiring? MR. CHUNG ACTING CHR. EOFF which is what I think the motion was attempting to do. But, r going to go ahead and amend this communication so we can have the correct end MR. CHUNG: Okay, but I said what I had to say, so. ACTING CHR. EOFF: Okay. MR. HENRICKS: Madam Chair, did you have a second for that motion? ACTING CHR. EOFF: It was moved by Ms. Poindexter, there was a second? MS. POINDEXTER ACTING CHR. EOFF: Mr. Kanuha, did you have a question or comment on the process? MR. KANUHAring how many more they come to Council or to Committee, you would they think they would be thoroughly vetted through whatever department or through whatever process it Committee or before it gets processed through our department through the Council Legislative whereve one of these nominations; they all had to be amended the last time during I probably know we are, but just to really think about it. ACTING CHR. EOFF: I think Ms. Bautista did apologize. And I think she would be the one that would have to thoroughly check them before sending them to Committee, Page 5 -18July18, 2017 double check. MR. KANUHA: Yes. Before it gets sent to our Legislative department and to the Chair for processing, it really needs to be thoroughly vetted. ACTING CHR. EOFF: Okay, thank you, Mr. Kanuha. Ms. Lee Loy. MS. LEE LOY: Thank you. I really do echo exactly what Mr. Kanuha just mentioned, because I have a concern about the process and the protocols associated with assigning these commissioners to these boards and commissions. And the end date, which may be in conflict with the term limits as identified by our Charter. So, Mr. Kanuha is on the mark that we are all very busy, but we also have other people who could check the work along the way. concern as we move forward and needing to amend these dates. Thank you. ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Mr. Chung. MR. CHUNG: Madam Chairman, I really do apologize. I was out of the room County Clerk, I actually think that this was a fatal flaw on the part of the administration in sending up someth requested. I think all of these things got to go back to the administration and they ACTING CHR. EOFF: At our previous Committee level meetings in Hilo, I believe you were absent. We had, I think, three other communications that came to us at Committee level with the wrong end dates. So we were able to change them at that time, which is reflected on the Committee reports on the rest of these, but this one, I guess, was overlooked at that point. MR. CHUNG to get creative ACTING CHR. EOFF: Do you want me to take another short recess and make rocess, because there is usually a 45 day MR. CHUNG: I would think they would just have to resubmit. I have nothing Page 6 -18July18, 2017 too far. ACTING CHR. EOFF: Let me check with the Clerk and see how we would be able to do that. Mr. Clerk, is there a way we can either postpone action or would this have to be voted down and then start over? How would we accomplish to do this properly? MR. HENRICKS: Well, we could not postpone. That is not an option. The appointment would take confirmation without Council action. I think if the Council desires to go in the direction that Mr. Chung is speaking of, I believe the administration would need to make it clear that they are withdrawing a particular nomination or nominations. Then, that would create the opportunity to resubmit those nominations and start the clock again, per the Charter, with the 45-day win think the Council could do anything. I suppose you could vote it down and then it could be resubmittednot essentially like a piece of legislation where, you know, if it fails you cannot introduce it in the same term. But, of course, there could be some negative connotations seem to weighwithout, you know, much background on that. So if that is what the Council desires, I think that the administration would need to be willing to withdraw any particular nomination. Then resubmit that nomination for Council consideration. I believe so under the Charter, of course, that would be a question for your legal counsel, as well. ACTING CHR. EOFF confirmation may occur without Council approval. MR. HENRICKS: I believe so under the Charter, of course, that would be a question for your legal counsel, as well. ACTING CHR. EOFF: Is Ms. Bautista available? MS. : mebody could deteffice today. ACTING CHR. EOFF: Okay. Mr. Chung, would you suggest that we lay this on the table while we speak to the administration? MR. CHUNG: Well, I dont know what kind of information she would have. Its a decision that we have to make. We know what they did. They sent us a memo dated July 17th, explaining to us what correction they were requesting, but I dont see why we need her. ACTING CHR. EOFF: no, our Deputy Clerk has suggested that we need concurrence with the administration if they would withdraw this and then bring it back to us with the correct information. Page 7 -18July18, 2017 MR. CHUNG: ACTING CHR. EOFF: Otherwise our choice would be to vote it down. MR. CHUNG: I would hate to vote it down. ACTING CHR. EOFF: Otherwise if we let it go without a vote, he becomes appointment. MR. CHUNG: Yeah, okay, table it. ACTING CHR. EOFF: Let me ask for a motion to table Finance Committee report no. 23, Communication 338 and the associated 338.1. If someone in Hilo way. Motion to Table: Ms. David moved to table Finance Committee Report No. 23, to the end of the agenda. Seconded by Mr. Kanuha. ACTING CHR. EOFF: If someone in Hilo could ask for Ms. Bautista to come to MR. HENRICKS: Can you just call for a vote on the motion to table, please? ACTING CHR. EOFF: Oh, yeah. On the motion to table, all in favor? Vote on Motion to The motion to table was carried by the following voice vote: Table: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. ACTING CHR. EOFF: Mr. Clerk, please read Communication FC 24, Communication 339. FC-24 NOMINATION OF WILLIAM CHILLINGWORTH TO THE MERIT (Comm. 339): APPEALS BOARD Requires Council Confirmation by: August 3, 2017 (Section 13-4(1), Page 8 -18July18, 2017 Motion to Approve: Ms. David moved to adopt Finance Committee Report No. 24. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Any discussion? Mr. Chung. MR. CHUNG: I didnt have a chance to weigh in on this one. William Chillingworth was one of the most esteemed members of the legal community; a long time District Court s just a wonderful man and I wanted to speak, again, in support of his nomination. He is a very high character individual. Thank you. ACTING CHR. EOFF: Thank you, any other discussion? Seeing none, all in favor Vote on FC-24: Ms. David moved to approve Finance Committee Report (Adopted) No. 24. Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 7. Noes: None. Absent: Council Members Richards and Ruggles 2. Excused: None. PC-18 NOMINATION OF BRYANT Y. CHING TO THE KAILUA VILLAGE (Comm. 340): DESIGN COMMISSION Requires Council Confirmation by: August 3, 2017 (Section 13-4(1), ; and Comm. 340.1: From Rose Y. Bautista, Executive Assistant to Mayor Harry Kim, dated July as approved at the July 6, 2017, Planning Committee meeting. Motion to Approve: Ms. David moved to adopt Finance Committee Report No. 24. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say Page 9 -18July18, 2017 Vote on PC-18: Ms. David moved to approve Planning Committee Report (Adopted) No. 18. Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. ACTING CHR. EOFF: Mr. Clerk, PC-19. PC-19 NOMINATION OF ALEX AKAU TO THE CULTURAL RESOURCES (Comm. 341): COMMISSION ; and Comm. 341.1: From Rose Y. Bautista, Executive Assistant to Mayor Harry Kim, dated July 11, 2017, correcting the district Alex Akau resides in, as well as the term ending date of his nomination as approved at the July 6, 2017, Planning Committee meeting Motion to Approve: Ms. David moved to adopt Planning Committee Report No. 19. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say Vote on PC-19: Ms. David moved to approve Planning Committee Report (Adopted) No. 19. Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. ACTING CHR. EOFF: PC-20. Page 10 -18July18, 2017 PC-20 (Comm. 342): RESOURCES COMMISSION Motion to Approve: Ms. David moved to adopt Planning Committee Report No. 20. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say Vote on PC-20: Ms. David moved to approve Planning Committee Report (Adopted) No. 20. Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. ACTING CHR. EOFF: Is Ms. Bautista in the chambers? : Yes, she is. ACTING CHR. EOFF: Okay, may I have a motion to take Finance Committee Report No. 23 and Communication 338, and the associated 338.1 off the table? Vote on Motion to Ms. David moved to remove Finance Committee Report No. 23, Remove from Table: from the table. Seconded by Mr. Kanuha and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Kanuha, Acting Chair Eoff 8. Noes: None. Absent: Council Member Richards 1. Excused: None. ACTING CHR. EOFF: Ms. Bautista, can you please come to the table. Page 11 -18July18, 2017 (Note: At this time, Executive Assistant to the Mayor Rose Bautista came forward to address the members of the Council.) MS. BAUTISTA: Good morning, Chair, thank you. I apologize; I havent been watching this morning. I was doing other stuff. So if you could apprise me with whats going on, I would be happy to respond. ACTING CHR. EOFF: Okay, there were several errors in communications on these other nominees at Committee level, but we were able to make those corrections and they are reflected in the Committee reports. The other nominees have been approved based on the correct end dates for the other ones, but Mr. Milton Pavao; Communication 338, we received this morning Communication 338.1 asking us to amend the expiration date. However, procedurally, because the communication has already been approved, we dont amend Committee reports. So we are attempting to correct this, but we found that we may need to send it back and start over. So, we were going to ask you if its possible to withdraw this and bring back a corrected letter nominating Mr. Pavao with the proper dates? MS. BAUTISTA: Okay, I dont mind doing that. I would be happy to do that, but before I did submit the request to amend, it was recommended by the Salary Commission that I present it before the final confirmation. I have also spoken to Corp Counsel J Yoshimoto and asked for his guidance. He thought it was appropriate to make that request at this point and the amendment was a doable thing to do. But if you feel thats not the right procedure, then well be happy to withdraw it and resubmit. ACTING CHR. EOFF: Okay, well thank you for that information. Im going to go back to Council Members who had some concerns aboutso what we kind of did determine was that we may not be able to amend the Committee report. We were in some way trying to just amend your communication and not sure if that was actually doable. So, Im going to go back to Mr. Chung who had a concern and see how he would request us to proceed. MR. CHUNG: Thank you, Madam Chair. We have Mr. Kamelamela here from . If hes willing to endorse what was said by Ms. okay to move forward. I, frankly, believe this is a fatal error. And mistakes happen, you know, we all make mistakes. Im not trying to say that this is inexcusable, but Im just thinking procedurally, I feel very uncomfortable about it. I hopefully it doesnt happen again. But if Mr. Kamelamela, if you are willing to say we can move ahead with it, I will go ahead; I will vote in favor of it. ACTING CHR. EOFF: Do you want to come forward please, Mr. Kamelamela. Page 12 -18July18, 2017 (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning, Chair and members of the County Council. Joseph Kamelamela, Corp Counsel. I do understand the concerns that Council Member Chung has. I think we can move forward only because from what I see, its a communication to confirm. But like the rest of the Council Members here, I hope we have to go through this process again. I have anything else to say. ACTING CHR. EOFF: Okay, but legally you think we use this Communication 338.1? MR. KAMELAMELA: Yes, as long as there is someplace in the record recognizing that the term is a definite period of time. That should put people on notice as to what the term of the office is. ACTING CHR. EOFF: Okay, thank you. MR. CHUNG: Im okay with that, you know, given the circumstances, it might be a practical way of handling it. m trying to do is synthesize, right now, very quickly what kind of precedent we are going to be setting an worries me. But we got our okay from our Corp Counsel, whos endorsed, you know, a Deputy decision. Im okay with moving forward. ACTING CHR. EOFF: Okay. Then, just for clarity and because Ms. Poindexter did make a motion to use Communication 338.1 to amend Communication 338, that, which in effect would correct the st , 2021. All in favor please say Vote on Motion to The motion to amend Finance Committee Report No. 23 with Amend: the contents of 338.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None ACTING CHR. EOFF: Let the record show that Mr. Richard has joined us. any discussion? Ms. Lee Loy. Page 13 -18July18, 2017 MS. LEE LOY: Yes, thank you. Based on the advice of Counsel, Im going to vote in favor of this with the amendment, but going forward, I think we are going to have to address another issue that came up with an inaccurate date. So, I want to understand that process a little better. But, also, going forward if between administration staff and our staff, if we can just give it one real good pass through so we dont have to address this going forward, that would be my request. Thank you. ACTING CHR. EOFF: Okay, thank you. Ms. Bautista will you assure us that in the future that you will check the end dates before submitting? MS. BAUTISTA: I certainly will, and I think we figure out a process where we can prevent all of this. At this point, I have decided that each department will give me the end date, rather than our figuring it out. ACTING CHR. EOFF: Okay. We appreciate that. Thank you. MS. BAUTISTA: Thank you. ACTING CHR. EOFF: Did you have a point of order, Mr. Kanuha, or a question? MR. KANUHA: Another general question about the process in, you know, submitting nominations to the Council. At what point does that 45-days start if amendments to communications? Would there bejust as a general question, when would the actual start date be? The original submission of the communication or the updated amendment of the communication as a new whole communication, basically? And that might be a time for later on to discuss, but that would be good to know exactly what that process will be. If we are going to be setting a precedence for this type of thing, I really want to know when exactly the start of this submission to the Council is going to be? Thank you. ACTING CHR. EOFF: Thank you, Mr. Kanuha. Did anybody want to try and answer that or should we leave the answer forokay. Are there any other comments before we go ahead and take a vote? Seeing none, all in favor of filing Committee report 23 and Communication 338 as amended, to correct the end date to December 31, 2021, and approve the nomination of Milton Pavao, please say Page 14 -18July18, 2017 Vote on FC-23: The motion to adopt Finance Committee Report No. 23 with (Adopted) the contents 338.1 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None ACTING CHR. EOFF: Thank you, Council Members, for your patience and thank you, Ms. Bautista, for coming down. MS. BAUTISTA: Thank you. And I do apologize for the confusion. Its been a challenge to be honest with everyone, to figure this out. Different boards and commissions ve been trying to make it as simple and as accurate as we can to prevent any of these, but its happened. You know, I take full responsibility for that. I assured our office that we are going to do something about it. Like I said, we are going to defer all of those dates to the different boards and commissions to submit to me. So, thank you. ACTING CHR. EOFF: Okay. Thank you very much. Mr. Clerk, lets just take the top of the agenda, Resolution 237. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of RESOLUTIONS: business, Order of Resolutions. Res. 237-17: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR PROJECT BASED HOUSING ASSISTANCE PAYMENT AGREEMENT WITH MOHOULI SENIOR PHASE 2, LLLP, OWNER OF THE MOHOULI SENIOR RESIDENCES PHASE 2 Implements a County project based housing assistance payment agreement to subsidize Mohouli Senior Residences Phase 2. The Office of Housing and Community Development would like to assist 30 units under the funding available for this purpose. Reference: Comm. 350 Intr. by: Ms. David Waived: FC Motion to Approve: Ms. David moved to adopt Res. 237-17. Seconded by Mr. Richards. Page 15 -18July18, 2017 ACTING CHR. EOFF: Ms. David. MS. DAVID: Aloha and mahalo, Mr. Gyotoku, for being here. I understand that Ms. Deputy Director Sako is in Hilo. Just briefly, I will explain what I understand is the matter that entails because I was asked to waive it from Committee. This reso is basically to allow the Mayor to enter into a multi-year agreement for housing payment assistance. HUD (Housing and Urban Development )is no longer able to provide the project based housing assistant payments, but we want to provide those housing assistance payments to this 30-unit project. And since this project, financing is tied to HUD. This matter has become urgent. In order to meet impending deadlines, so, Mr. Gyotoku, thank you for being here and I yield for any questions that the Council Members may have for you. Mahalo. ACTING CHR. EOFF: Did you want to offer a further explanation? (Note: At this time, Housing Administrator Neil Gyotoku came forward to address the members of the Council.) MR. GYOTOKU Administrator. In July 30, 2014, we submitted an application to get housing vouchers for the Mohouli Housing, too, as well as Kamakana Villages. On August 6, 2014, HUD approved the project based vouchers for the projects. rdst January 3 of this year, the Mohouli project started construction. On May 31, HUD just voided their approval letter of August 6, 2014, saying that the project was technically an existing housing project. Since the units did not exist and is under construction, there is no certificate of project based vouchers. This jeopardized the financing of the project. We would have lost it and it would have stopped construction immediately, because Bank of their construction loan. So what the administration and our office did was try to come up with a plan to provide tenant based housing vouchers, in place of the project based, as a temporary relief plan. However, because of home ruleshome program rules, the rents are not as high as the project based vouchers that we could afford the project. So this contract would guarantee or subsidize the project tenant baseI mean the project to tenant base vouchers. ACTING CHR. EOFF: Thank you very much for that explanation. Council Members, do you have questions? Mr. Chung. MR. CHUNG: Neil, so what kind of money are we talking about here? MR. GYOTOKU: Okay. Long-term housing tax credit equity investment is seven million, seven hundred, fifty thousand dollars. The construction loan was $7.46 million. The construction loan was the key issue that Page 16 -18July18, 2017 MR. CHUNG: About how much do we have? Because we are stepping in the place of what was supposed to be given in terms of our voucher subsidy, right? MR. GYOTOKU: Right. The contractthat housing assistant paying this contract that we are asking to approve would cover approximately about $61,000 per year, what the tenant based vouchers cannot cover in terms of housing assistance. MR. CHUNG: That a lot of money, but. MR. GYOTOKU: Thats a question, but, I feel its a temporary solution to get the project in. Im going to be pursuing other options as far as going to HUD and trying toas far as trying to get the project based vouchers. MR. CHUNG: Okay, good, so where is this money going to come from? You know how tight our budget was, right, this year? So, I was just wondering. MR. GYOTOKU: My understanding is that its going to come from my budget. MR. CHUNG: You can absorb that? : Chair, we do have the Deputy Director of Finance here and shes willing to give some information on this and clarify the statement. ACTING CHR. EOFF: Okay, thank you very much. MR. CHUNG: In the meantime, while we still have you here, Neil, could you maybe just write us a short memo, to all of the Council Members, explaining what happened or what your perspective or perspectives are regarding what happened in HUD rescinding their approval. Thats quite unusual, right? MR. GYOTOKU: Its very unusual and very unexpected. MR. CHUNG: so we know what we should be looking out for in the future. And if it doesnt make sense to you, then just say, you know, t have any idea why they did this. MR. GYOTOKU: I wanted to note that Mayor Kim and Ihe called HUD and asked if there was some reason so we can correct this. We were told that it has to go up to President Trump in order to be corrected. That was the answer that we got. MR. CHUNG: From who? MR. GYOTOKU: From HUD. This is the HUD Honolulu office? Page 17 -18July18, 2017 MR. CHUNG: Okay. Alright, thank you. ACTING CHR. EOFF: Thank you. Mr. Chung, did you want to speak with Ms. Sako before I go to Mr. Kanuha? MR. CHUNG: I want to clarify some things. ACTING CHR. EOFF: Ms. Sako, did you want to clarify? (Note: At this time, Deputy Director of Finance Deanna Sako came forward to address the members of the Council.) MS. SAKO: Deanna Sako, Deputy Director of Finance. I think the amount we are going to be paying out is less than that. We are working with the project manager to ensure completion. The total rent is more like in the neighborhood of $300,000 a year, but its an important project to the community. But, you know, I think everyone is working at it and we did identify with Mr. Gyotoku what they can live without this year, so that we will be able to afford it. ACTING CHR. EOFF: Thank you, Ms. Sako. Mr. Kanuha. MR. KANUHA: So, the total rent is $300,000 and the amount to be dishing out is less than the $61,000 that was said? MS. SAKO: I believe the last time we talked it was more in the neighborhood of than $8,000 a year. The whole project is yet to be finalized with the tenant based vouchers and there is a home grant that they received as well, which has some limitations. So, we continue to work with the owner of the project to ensure that we will be paying them the correct amount. It will be no more than $61,000, but more likely in the neighborhood of $8,000 or even less. MR. KANUHA: So $8,000 for 30 units, as it says inside here? MS. SAKO: Correct. Yes. MR. KANUHA: Wow, okay. Yeah, what Mr. Chung said, would love to hear more; the explanation about why HUD decided to do what they did, because its hard for me to understand exactly, right now, with all the different reasons why. But in the future, I definitely would love to see some more of those reasons. Okay. ACTING CHR. EOFF: Thank you, Mr. Kanuha. Mr. Richards. Page 18 -18July18, 2017 MR. KANUHA: Thank you, Chair. Just off the top of your head, do you know; were we the only ones that fell through this crack or were there a group of projects that ended up getting reversed. MR. GYOTOKU: Actually this was the one project that got reversed. Kamakana Villages were somehow corrected and approved to receive their project vouchers. MR. RICHARDS: Okay, this seems really unusual. So, yeah, I echo what my fellow Councilman has said. I would like to see that write-up and we need to talk story more on this. And once again, it looks like Deputy Director Sako used her magic wand and helped us get through a financial thing. Thank you. ACTING CHR. EOFF: Any other comments? Ms. David. MS. DAVID: No, I just wanted toafter we act on this, I need to make a motion for a reconsideration, thats all. Thanks. ACTING CHR. EOFF: Okay, Mr. Kanuha? MR. KANUHA: Just really quickly, and this agreement has to have 10 years in the agreement? MR. GYOTOKUs following the project based housing assistant payment voucher. MR. KANUHA: Okay, thank you. ACTING CHR. EOFF: Thank you, any more questions? I cant see Council Members in Hiloave to let me know if you have a comment or a question. Okay, then seeing none, all in favor of approving Resolution 237-17, say, aye Vote on Res. 237-17: The motion to adopt Res. 237-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None ACTING CHR. EOFF: Ms. David, you had another motion. Page 19 -18July18, 2017 Motion to Suspend Ms. David moved to suspend Council Rule 15 to waive the Council Rules: the 5-day hold for reconsideration. Seconded by Mr. Richards and carried by the following voice vote.. ACTING CHR. EOFF: Moving to Bills for First Reading. Mr. Clerk, Bill 47. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 47 (Draft 2): 1983 (2016 EDITION, AS AMENDED), RELATING TO FARMERS MARKETS Creates a facility schedule for farmers markets to be established at County parks and facilities, and adds the following parks to the schedule: Hakalau Veterans Park and Volcano Park. Reference: Comm. 325.24 Intr. by: Ms. Poindexter Approve: PWPRC-12 Motion to Approve: Ms. Poindexter moved to pass Bill 47, Draft 2, on first reading and adopt Public Works and Parks and Recreation Committee Report No. 12. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Ms. Poindexter, you have the floor. MS. POINDEXTER: meetings, so I just want to summarize what had happened there. We had worked with Parks and Recreation and decided that we would put the schedule forward as amendment coul this ordinance yetthis amendment. However, with that said, it would also have to be vetted through the Parks and Recreation Department to determine whether or not the park is suitable at that very moment in time that they would be willing to work out an MOU (Memorandum of Understanding) to do a farmers market. At this time, the Hakalau Veterans Park, Parks and Recreation felt that it was ready to work out the MOU. And with the Volcano Park, it was put into the Code because it was never in and it should be, because they already have an MOU for an existing farmers market. So, I just ask your support. If you have any questions, I hope I can answer it or you may have to call up Parks and Rec. Thank you. Page 20 -18July18, 2017 ACTING CHR. EOFF: Thank you, Ms. Poindexter. Council Members, do you have any questions? Mr. Chung. MR. CHUNG: Yes, thank you, Madam Chairman. I want to credit, Ms. Poindexter, for her efforts in addressing most, if not all, of the concerns that came up about a month ago. You know, really when you think about that Hakalau Park; before it was for Little League, maybe makule, softball, I think there is st main concern, as all of you know, is I think we should not be using recreational facilities for things other than recreational activities or something that would take little different. I think it would actually be a marvelous thing for the Hakalau Community. So, I fully support this. Thank you. ACTING CHR. EOFF: Thank you, Mr. Chung, any other comments? Ms. Ruggles. MS. RUGGLES: Thank you. I also want to thank, Ms. Poindexter, for bringing this to the table. And just state that we have been working with Parks and Rec on ark on the inventory list, as well as other parks and getting it more up to date. be hearing more on that later. Thank you ACTING CHR. EOFF: Thank you, Ms. Ruggles, any other comments? Seeing none, all in favor of approving Bill 47, Draft 2 at first ready, please say, Vote on Bill 47: The motion to pass Bill 47, as amended to Draft 2, on first (Draft 2) reading and adopt Public Works and Parks and Recreation (Approved) Committee Report No. 12 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Mr. Clerk, Bill 48. Page 21 -18July18, 2017 Bill 48: 1983 (2016 EDITION, AS AMENDED), RELATING TO ALCOHOLIC BEVERAGES Prohibits the consumption of intoxicating liquors at James Kealoha Beach Park. Reference: Comm. 332 Intr. by: Ms. Lee Loy Approve: PWPRC-13 Motion to Approve: Ms. Lee Loy moved to pass Bill 48 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 13. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. Lee Loy, you have the floor. MS. LEE LOY: Thank you, Chair. At our Committee meeting, we heard a lot of testimony from area residents, and the Police Department, and then the Parks Department about concerns regarding James Kealoha Beach Park. Also, at that time, I noted that I would listen very carefully to all of our other colleagues. One request that was made was to add in Glenwood Park, and that was done by Ms. Ruggles. Our office went back through the Code and found that Glenwood Park already exists as a park that prohibits the drinking in the park. Then, another my colleagues to support this bill, at this time, but I believe there might be some further edits coming forward. So, thank you. ACTING CHR. EOFF: communication in our packet. : Yes, I do, and the communication is intended to amend Bill number 48 and adding Kahakai Park. So, I would like to make a motion to amend Bill 48 with the contents of Communication 332.2. MS. LEE LOY: I will second that. Motion to Amend: Ms. moved to amend Bill 48 with the contents of Comm. 332.2. Seconded by Ms. David. ACTING CHR. EOFF: : Yes. I brought this up when we first entertained Bill 48 in Community about activities in the park, especially late in the evening. So, I went back around and communicated with community members, and they all support making this park alcohol free. I went to Parks and Recreation and they Page 22 -18July18, 2017 encouraged me to talk to the local police. When I did, Lieutenant Watanabe at the they fully support this measure. So, I think, the due diligence has been done to demonstrate that this park also would be a good candidate for an alcohol free park. I yield. ACTING CHR. EOFF: Thank you. Council Members, do you have any questions or comments? Seeing none, then, all in favor of amending Bill 48 with Vote on Motion to The motion to amend Bill 48 with the contents of Amend: Comm. 332.3 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: any further comments? Vote on Bill 48: The motion to pass Bill 48, as amended to Draft 3, (Approved) on first reading and adopt Planning Committee Report No. 9 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 48 moves to second reading as amended. Mr. Clerk, Bill 49. Page 23 -18July18, 2017 Bill 49 AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5, (Draft 2): AND ARTICLE 7 AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING FACILITIES AND COMMUNITY BUILDINGS (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the Zoning Code, which would remove all references to community buildings, amend the definition of meeting facility, and identify what zoning districts require a special permit or a use permit to allow for a meeting facility. Reference: Comm. 333.2 Intr. by: Ms. Eoff (B/R) Approve: PC-21 Motion to Approve: Mr. Richards moved to pass Bill 49, Draft 2, on first reading and adopt Planning Committee Report No. 21. Seconded by Ms. David. ACTING CHR. EOFF: I believe the Planning Director and Deputy are in Hilo. MR. CHUNG: Madam? : Yes, they are. ACTING CHR. EOFF: Thank you. Mr. Chung. MR. CHUNG: Thank you. Again, you know, this was considered at a Committee meeting while I was away. I had an opportunity to take a look at this, and do you know what concerns me about this is when I take a look at a lot of these lands outformer plantation lands, which could be used as sites for meeting properties. I certainly understand the intent behind all of this. But, in application, I think this might be something that we might want to reconsider. I am wondering strict prohibition against these meeting facilities, if we could have such meeting facilities approved by a use permit. I want to call up the Planning Department and ACTING CHR. EOFF: I see the Planning Director and Deputy, can you please introduce yourselves? Page 24 -18July18, 2017 (Note: At this time, Planning Director of Michael Yee and Planning Deputy Director Darren Arai came forward to address the members of the Council.) MR. CHUNG: Good morning, Mike and Darren. You heard my comments, right? So, what was the reasons behind this outright prohibition of these meeting facilitiesheavy industrial zone properties, if you could let me know? MR. YEE: Sure. I think in trying to restrict, we were trying to be careful about conflicting uses. You know, having people gather near activities that you around heavy industrial. I think as we went around and talked to folks, we certainly would hear from current impacts trying to think forward into the future, such as on old plantation areas. It was a little harder to kind of have that foresight. So, I think, you brought up a very good idea. There are uses; having meeting facilities on old plantation sites would possibly be okay, and certainly suggesting a use permit would provide that flexibility and opportunity to vet out applications that MR. CHUNG: So, you guys are okay with that? MR. YEEooking at my Deputy and we are nodding our heads, yes. MR. CHUNG: Okay, well, I dont know how the rest of my colleagues feel about it, but if they are so inclined to be a little bit more flexible in that regard, can I ask you guys to help me draft an amendment to this? Would that be okay? But I want to hear from the rest of the Council first, maybe it might be moved. I yield. MR. YEE: Absolutely. ACTING CHR. EOFF: Thank you, Mr. Chung. Council Members, do you have any comments? MS. POINDEXTER: Council Chair? This is Valerie. ACTING CHR. EOFF: Go ahead Ms. Poindexter. MS. POINDEXTER: I have a lot of industrial zoned areas because of the sugar company and the mills there. There we have the energy partners down in Haina, I think they are very heavy industrial as well. I know a lot of times we do have community meetings there in keeping the community abreast of what good relationships. And so, throughout the coastline, you will see things coming up in those areas. I think a special use permit would be wise. There are hopefully some possibilities of acquiring some of those properties maybe even for PONC (Public Access, Open Space and Page 25 -18July18, 2017 Natural Resources Preservation Commission). So, you know, it is community activity that would be on those properties, if that was to go in that direction as well. So, I like that requested that Council Member Chung put forward, as far as the special use permit, so. I would support that. Thank you. ACTING CHR. EOFF: Thank you, Ms. Poindexter, any other comments? : Thank you, Chair. We had some discussion of this at Committee level in terms of existing community meeting facilities, and how this revision to Code is going to impact them. I believe I overheard one of the planners saying that certain uses of community facilities as they are currently being used, such as holding swap meets and things like that would mean they have to come back for a special use or use permit, depending on the zoning. This seems kind of onerous in, you know, to say the least for facilities that are already functioning and already established events. So I hope that we are not trying to be less flexible but more flexible with this changing code, and how would that impact those types of situations. So, Im asking the Director and Deputy Director of Planning. (Note: At this time, Planning Deputy Director Darren Arai came forward to address the members of the Council.) MR. ARAI: Thank you very much, Council Member. ACTING CHR. EOFF: Mr. Arai, can you just state your name for the minutes so we know who is speaking. MR. ARAI: Sure, my apologies. Darren Arai, Planning Director. With this amendment, again, we approached it with strict prohibitions in certain zoned areas like open and the heavy industrial. But again, as Council Member Chung expressed, part of it is providing opportunities and one of them is through the use permit process. The use permit process will provide for disclosure, public notification and then opportunity for the community to express their concerns or their support. When it comes down to pre-existing facilities, we do look carefully about history. Land use is all about history and thats what defines how we support it going forward or whether or not some use requires additional types of approvals and reviews. So, its almost like on a case by case basis. We will look as to when that community facility was established, because there are some non- conforming or grandfathering provisions in the code, and there is another provision in the code that speaks to conditionally permitted use, if I remember the term correctly. And I think I mentioned it at the last meeting, where it could be expanded without the need to go through another use permit process. So we will look at whatever opportunities the code could provide, before we make a decision on the type of reviews and the permitting process necessary to accommodate the expanded use. Page 26 -18July18, 2017 : Okay. I appreciate that, but if the use is also preexisting and has been going on for a number of years without any community dissent on the matter, this should be something that would be grandfathered in. Im just asking because in my district, I have numerous home owner associations that have facilities for different types of classes, trainings, events, and I dont want to put additional restrictions on the activities, since they have been used as such for years and years and the community expects as muchdifficult for these volunteer driven organizations to, for one of a better word, jump though all the hoops, for lack of a better word to jump through the hoops for permit that requires time when the activity is already happening and expected by the community. So, I just want to be sure that we are able to extend that flexibility. MR. ARAI: If I may respond, absolutely. We always look for those opportunities, and having them go to a use permit process or even a special permit proceay think. Depending on the situation, as long as we have such information where we can make an informed decision, we dont expect all applicants to have to hire professional planning consultants. We will work with specific applicants if they desire and well help them try to frame their proposal as best as we can. We can show you many examples, whether a special permit or use permit for bed-and-breakfast operations, the home operator will actually prepare it themselves and we do provide sufficient guidance, so. : Thank you. Im aware of that, but its just the term paperwork for a lot of these organizations is difficult. t really hear that what I wanted to hear, which is that the uses that are currently in place in these meeting facilities will be allowed to continue since they have for years, and they dont seem to be outside the code. The one action in particular that was called out by one the planners was the use these facilities for swap meat, farmers markets; that type of thing. I can just say that it would put a negative impact on my community, on my district, to require all of these preexisting facilities that are doing things that the community wants and expects to have to jump through further hoops when they have already permitted the building for community use and as a meeting facility, so. I just dont want to put any additional requirements, if thas a way to look at it. ACTING CHR. EOFF: Thank you, Ms. Oara. Mr. Chung. MR. CHUNG: Listening to Ms. O remember that actually Puna is going to be affected by this as well. What I wanted to point out to Ms. Oara that what I am proposing really is a much more flexible option than whats being advanced right now by this bill, which is very rigid and would not allow for any of those types of uses. Its a strict prohibition. So, I would hope that she would maybe embrace this. Not with standing any types of grandfather issues, I still think it provides much more flexibility. If the Planning Department believes there is no grandfatheringthey are not going to allow any grandfathering, well, at Page 27 -18July18, 2017 least they still have the option of continuing those meetings. As opposed to the bill that we have right before us, which would not allow for those types of activities to occur. ACTING CHR. EOFF: Thank you. Mr. Chung. Ms. David. MS. DAVID: Thank you, Chair. Actually, I find the suggestion that Mr. Chung has made, I would like to support that. I would like to see what his proposed amendments will look like. So, in that respect, I think I would like to see what he comes up with in working with the department. I do havem not sure if we covered this in Committee, but can I ask the Deputy or the Planning Director, what was the driving force in deciding to come up with this proposed amendment? Was there like the need because of a community concerns or is this part of like an internal processing procedural thing? I just wanted to know what the thoughts behind bringing this forward? MR. ARAI: This is Darren Arai. This was a director initiated amendment and what prompted all of this was confusion regarding the application of the zoning code requirements of given a specific proposal, because there is twodefinitions within the zoning code. One was for community building and the other being meeting facility. Both of them had distinguishing language within the definition section of the zoning code, but there were also many similarities. So, to avoid confusion on defining the use that is very similar in nature, we decided to combine the two definitions into just a single definition, which is now meeting facility. So thats what really prompted it. It was just a matter of us going to the code and our experiences over many years on trying to fit a square into a peg in a round hole. It was just easier for us to have one definition that we could apply universally. As we went down the code, we also took a look at when would it be reasonable to require additional public input, given a specific location for a proposed facility whereas one of those own districts where such facility should be out right permitted. Which is why within this proposed bill, residential areas and possibly, now, even the general industrial zone areas could be considered for a use permit. MS. DAVID: Great. Thank you for that. So, basically, I want to restate the fact that I think I will support Mr. Chungs request that he work with the department in an amendment to make it less cumbersome. Thank you very much. ACTING CHR. EOFF: Thank you, Ms. David. Mr. Richards. MR. RICHARDS: Thank you, Chair. I think Council Member Chung brings up a valid point that we dont want to limit things that have been going on, and be an unintentional consequence. So, I support what Councilwoman David had said and Councilwoman Oara. So, I look forward to seeing what Councilman Chung brings forward. Thank you. Page 28 -18July18, 2017 ACTING CHR. EOFF: Mr. Chung, would you entertain a motion to postpone so to give you time to work with the Planning Department? Motion to Postpone: Mr. Chung moved to postpone Bill 49, Draft 2, to August 2, 2017. Seconded by Ms. David. MR. CHUNG: I think the next Council meeting would be okay. It really depends on how quickly we can work with the Planning Department, but I think they are ready to go too. ACTING CHR. EOFF: Okay, then, the next Council meeting would be nd August 2nd. So well make that motion to postpone to August 2, any discussion? Seeing none, all in favor say, aye Vote on Motion to: The motion to postpone Bill 49, Draft 2, to August 2, 2017, Postpone: and was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Mr. Clerk, Bill 50. Bill 50: AMENDED), TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM (NFIP) REGULATIONS Pursuant to a Letter of Final Determination, dated March 29, 2017, received by adopt or amend its floodplain management regulations to reflect changes in the revised Flood Insurance Rate Map (FIRM) prior to September 29, 2017, the -compliance may subject the County to suspension from the NFIP, which would make flood insurance and certain types of Federal disaster assistance unavailable. Reference: Comm. 334 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-14 Motion to Approve: Ms. Ruggles moved to pass Bill 50 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 14. Seconded by Ms. David. Page 29 -18July18, 2017 ACTING CHR. EOFF: attention, in our folder we have Communication 334.2, from Director MS. POINDEXTER: Yes, he is. ACTING CHR. EOFF: en this up to discussion. Any questions, Council Members, have you questions that were raised at our last meeting on this bill. Mr. Demarco, good morning? (Note: At this time, Director of Public Works Frank Demarco came forward to address the members of the Council.) MR. DEMARCO: Good morning, this is Frank Demarco, Director of Department of Public Works. ACTING CHR. EOFF: Ms. Ruggles. MS. RUGGLES: Thank you. We did discuss this in length with public works at our last Committee meeting. I would like to thank, Mr. Demarco, for preparing this explanation for us and addressing the concerns that were raised. I think if we have any other questions, we can ask him. Other than that, I ask for your support. ACTING CHR. EOFF: Thank you. Council Members, do you have questions of marco is there oh, Mr. Richards does have a question. MR. RICHARDS: Thank you, Chair. Yeah, Mr. Demarco, could you just give a time if you just give us a quick thumbnail sketch of it? MR. DEMARCO: Yeah. The purpose of this was as was stated in Bill 50, the introduction. We received a letter from the Federal Emergency Management Agency (FEMA) and also the Department of Land and Natural Resources. Part of the process for implementing these preliminary digital flood insurance rate maps is for FEMA and DLNR, Department of Land and Natural Resources to review our code. They concluded that our code was not consistent with Federal law. So for any community or within this nation that participate in a national flood insurance program, if you will, there is a carrot and stick process. The carrot is we get flood maps; we get access to disaster relief funds; we get flood insurance. Page 30 -18July18, 2017 The stick is we have to bring in Federal Law into our code and for enforcing the maps and the associated laws. So because new maps are being brought forward, theyscrutinized our code bringing forward to you for consideration and approval, hopefully today, is a reflection of those changes that we been directed to include. As far as my letter to you, there were specific questions that you had posed during the first reading of this bill. I see Val is reading through it quickly here. Do you want some time to finish your reading? Okay. As stated in the letter, that public comment process or period ended May of last year preliminary digital flood insurance rate map process. So, these maps will become th effective September 29 of this year. So, pretty quickly, but before FEMA will make this effective, we have to change our code. If we fail to do so, these maps will not move forward, we will not get access to flood insurance, we will not get access to disaster relief funds. So, this is no small thing. I mean, we need to make this work, somehow. Is that good enough for you? MR. RICHARDS: Good enough, thanks. MS. POINDEXTER: This is Councilwoman Poindexter with a question? On the recent, I guess, meetings you had with FEMA, I think, a lot of people are really as that are now becoming flood zone areas, am I correct? MR. DEMARCO: MS. POINDEXTER: Okay, and what are we doing to notify those residents that company will tack it on at a much higher rate. So now, these people are going to be impacted with a higher cost of living. I mean, their mortgage, because of this insurance. Can you kind of summarize on that or kind of explain it a little bit? And now that we have the public maybe tuning in, that I would suggest go check if your area is in a flood zone, bec unfortunately. MR. DEMARCO: Yes, and thank you for that. That is a very important message to get out to our community and our citizens. Yes, these mapsthe new preliminary flood rate insurance maps are bringing forward basically new flood studies. Now, having said that, a lot of theseso here are some examples, the North Kona flood study, the South Kona phase 1 and 2 flood study, Page 31 -18July18, 2017 flood study, each of those studies, we sent out individual notices to every affected property owner. Plus, we noticed in the paper twice, both sides of the island aout these flood studies. So, these folks have been notified. Now the maps are being brought forward into these individual flood study efforts, are being brought forward into these digital flood insurance rate maps and what FEMA refers to as a physical map revision or physical map change. Its just their process. The message that needs to be put out there, as you indicated, is that these changes to these maps, will map people into the flood plains and out of the flood plains. So, if you are being mapped into one of these special flood hazard areas, please go out to your insurance agent and engage in flood insurance, particularly if you have a mortgage on your property. Because you can get what is referred to as x zone flood insurance rates, which are significantly less than if the mortgage company comes to you and requires flood insurance, you are going to be paying a premium that is significantly higher than an x zone rate. We are talking about a few hundred dollars per year, versus perhaps a few thousand dollars a year, depend So, this is no small thing. The reverse also applies; you may be mapped out of a flood plain. So, i getting flood insurance anyway; an x zone rate flood insurance. As you know, things happen upslope; adjoining properties that may obstruct that flow coming down and redirect. Plus, things go on in life, fire hydrants pop and that water comes into your property; you may get damage. So, you know, carefully consider as a purchasing flood insurance mandate by FEMA or by the County. If you dont mind, I would like to share a story with you. When I first started with the County, I had an elderly couple come in to talk with me about their property and some issues they had. Well, it turns out that these folks have been mapped out of the flood plain and continue to pay flood insurance at the higher premium rate and these were fixed income retirement folks. So what ended up happening when that map change occurred, at the time, the policy, was to only issue out newspaper notices. That consistent with the law even today, but these folks didnt describe to the paper. So, they had no idea. So the County changed its policy at the time, we did both. We did newspaper notices and we sent out individual letters and we continue to do so today. Itus to make sure we communicate with our community notify them if they are mapped out, so they can make appropriate decisions. Sorry to bore you with that story, but it kind of emphasizes the importance of this issue. ACTING CHR. EOFF: Thank you, that was a good story, though. Page 32 -18July18, 2017 ACTING CHR. EOFF: Ms. Poindexter, do you yield? MS. POINDEXTER: Yes. Sorry, I yield at this time. Thank you. ACTING CHR. EOFF: Ms. Oa? : Thank you, Chair. ve told me repeatedly there are no new firm maps for Puna at this point, am I correct? MR. DEMARCO: Do, I have to repeat my name? Im the only one up here, but anyway, my name is Frank Demarco. For Punaalright, so how do I answer this? Back even before I came to the County, we had retained a consultant, in this case, Oceanet to prepare a flood study for all of Punastudy. Currently, there are no flood maps in the Puna area, and the reason for that is back in the early 80s when these flood maps came out, there was not a lot of development out there. So, the Federal Government was not going to expend funds to prepare maps where theres no potential damage or impact to property. That was the decision at that time. Rolling forward until about 10 years ago, obviously there was a lot ofin Puna and we know there is flood plains out there. So, the County made a decision to do this flood study. That was before I started. When I came on, I inherited that project, so we continued and the maps were completed. So we do have a Puna flood study, but its not effective yet. We ran into some problems. The problems right now is the consensus among the engineersIm going to get into some engineering speak here, but are you familiar with the 100-year flood plain 1 percent chance of a particular water rise within each year. To determine that 100-year event, to figure out how much water is coming out of that flood plain or that watershed into this area. Our position is that our consultant overstated those peak discharge values, that 100-year peak discharge value that determines these base flood elevations. It got to the point where we engaged the U.S. Army Core of Engineers to analyze that for us, to critique it to advise us as far as whether these peak discharge values were overstated or not. They came back recently and said yes. They are overstated. So, wee going to go back to our engineer and have them revisit this issue. But in the interim, because we want to protect the public and their investments, we are using this draft Puna flood study as the best available data in order to assure a level of protection. Now, that doesnt necessarily mean they are locked in, meaning the property owner is in a flood plain and they have to elevate their building or comply with ounty Code, Chapter 27. They have an opportunity like any of the current effective floodare you following me on this? : Yes, I am. Page 33 -18July18, 2017 MR. DEMARCO: Oh, okaycurrent effective special flood hazard area on a FEMA map, they have an opportunity to bring forward information to show that, in fact, their property is either high or out. The same thing would apply . Again, my intent here is to make sure we are protecting our citizens and their investment. Absent of using that Puna flood study, we dt have anything, so. : But, does that Puna flood study qualify people to get insurance from the national flood insurance program? MR. DEMARCO: Absolutely, they can buy x zone rates. : Okay, based on the fact that the maps that we have currently put them in a flood zone? MR. DEMARCO: Yes, I would suggest they do that. : Have they been notified, you said you were sending out letters? MR. DEMARCO: We sent out letters to every property owner in Punaevery affected property owner, which was no small thing. That sure was a huge effort. : Im sure it was no small thing, and thats my concern is notification. Well, what I learned from attending that national flood insurance program is that program maybe on the rocks shortly, too, unfortunately. And with the current administration we have in Washington, they are going to find out the th day after these new FEMA maps go into effect on September 29, they are going th to find out on September 30, whether they are being refunded. And they are currently $24 billion in debt or something. So, we have no assurance that the Trump administration will carry forth on this, so. Im very concerned, because we havenot only in Puna, but across the island definitely at risk flood plains, and while the insurance offered by the national flood insurance program is limited in value, you can only get a quarter million maximum for residential and a half a million for commercial for the actual structure, not the contents, but the actually structure. m very concerned that we might be running into some problems shortly. MR. DEMARCO: I share that concern. I mean it goes beyond that even want to defund our monitoring of tsunamis and hurricanes. concerned about the impact on our residential and commercial insurance particularly residential insurance in my district, because we have so little commercial. But, I hope that we are working towards getting official maps at Page 34 -18July18, 2017 least that far and well have to see what the administration does with this program. Thank you. MR. DEMARCO: Thank you. ACTING CHR. EOFF: Thank you, Ms. Oara. Ms. David. MS. DAVID: Thank you, Chair. Good morning, Director Demarco. First of all, I would like to thank you for all of your help in this FEMA matter. As you know, I was very involved in the flood studies in the prior administration in issues that affected District 6. Im sorry that I will not be able to work with you in resolving some of the issues that Ms. Poindexter is speaking of relating to notifying people affected in those proposed areas. And Im sure that I want to continue to work on things to resolve some of those issues that we briefly spoke of and continue working with your department. Regarding the notification that we spoke of, does that go out once the maps have already been submitted to FEMA? MR. DEMARCO: Let me see. Im not sure how to respond to that, I mean, are we talking about the flood studies for North Kona, South Kona phase 1 and 2, the Palai ? MS. DAVID: Right, the ones that already discussing at these public meetings that was done a few years ago? MR. DEMARCO: Yes, it was, right. MS. DAVID: Okay, so those notices that went out is after the mapping has been established and submitted to FEMA, then the people get notified? MR. DEMARCO: Well, the people were notified through the newspaper process. The preliminary digital flood insurance rate maps are FEMA documents. So, their process is to do newspaper publications twice, which they have done. And after the second publication begins the 90-day appeal process, which concluded th May 9 of 2016. MS. DAVID: Yes, right, sono, go ahead, sorry. MR. DEMARCO: I was going to say, as far as these larger flood studies, again, the North Kona flood study, the South Kona phase 1 and 2 flood studies; those studies, all the affected property owners were issued out letters as well as newspaper notices. Both sides of the island done twice. Puukapu goes back quite a long ways. That was just newspaper notices. But I guess I would say then, it was published four times, if you will. Back then, it was newspaper notices and then FEMA once again published again recently, last year another series of newspaper notices. So, all Page 35 -18July18, 2017 have been well publicized and much of it is included individual notices; letters sent out to these folks by certified mail. Another story I will share with you is I had some folks coming in and saying you never notified me. So I went back and grabbed my bundle of certified letters and said here, here is you letter certified you signed for. So, you know, it helps us in do. Hopefully that answers your question? MS. DAVID: Yes. Well, that kind of confirms some of my thinking and my desire to still work with the department in actually making sure that noticeas far as our County Code is concerned. I know FEMA has requirements for notice and thats basically what we try to follow, but I think on the County level I still want to work with the department in actually working on a County level notification. However that takeswhatever form that takes. That being said, I just wanted toduring in committee, I just wanted to confirm that this is not something that just the County was being required by the NFIP. It was, I think the Governor signed, requiring the State to do the same because it was both a State and a County directive that we update our Code, and it was an only County directive, correct? It was a State and County directive. MR. DEMARCO: Frank Demarco, again. To the extent that the Department of Land and Natural Resources is represented by the Mayor through its cabinet, yeah, the State is certainly involved with this. I would point out that this is a national effort. These digital flood insurance rate maps actually goes back several years and the idea was to move away fromexcuse the engineering jargon but, richard imaginary; these old paper maps, you know, the white paper with the black ink on the background to digital maps much like you would see on google earth. The idea was to improve these maps to make them more easily to implement and use. Does that help at all? MS. DAVID: Yeah. Well, yeah, I just wanted to confirm that it was directed that we all had to do something, if not we lose the assistance. So, other than that, thank you very much and congratulations on your retirement. MR. DEMARCO: Thank you. Words out, huh, shoots. MS. DAVID: Mahalo. I yield. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. that you wanted to speak before. MS. LEE LOY: Thank you, Chair. I attended the flood insurance classes or workshop and one thing that Ms. Oara just brought up and then, also Page 36 -18July18, 2017 Ms. Poindexter was this forced insurance, right. You end up getting mapped in and then the insurance company or mortgage holders would then force particular insurance coverage onto your property. But then you shared that the department through their lomars and clomars, have the ability to kind of get really down to the topography of a property, to indicate really whether they are in or out of these different zones. I just want you to share that because in addition to all of these maps, sometimes the lines are really close and you are not sure whether you are in or out. Could you share that a little bit, just for this larger audience that sometimes there is a way of double checking even if you are feeling like your mortgage company is forcing insurance on you and how property owners can actually go to your office or go to the department and double check the accuracy of these maps? Could you share that? MR. DEMARCO: Yes, I can. I would point out that under Federal Law, lending institutions that are backed by the Federal Government are required to go through the process of assessing whether a property is in or out of a flood plain. If they are in a FEMA map special flood hazard area, the lending institutions are required to do flood insurance. It basically protects their investment, but also from our perspective it protects our citizenry, personally, and also their investment. So, its a Federal mandate to these lending institutions. Occasionally, there are situations, as you described, where there is a question as to whethers not about land, about structure, whether that structure is in or out of a flood plain. One of the responses, remember I mentioned carrot and stick and as far as being into the national flood insurance program, so one of the functions that we provide are we are the keeper of the changes to all the maps, all of these flood studies we have to retain, and we do retain them from when we first th came into this program back in May 5 of 1982. So we can go to those flood hazard area, we can do an assessment for an individual to determine whether they in or out. Now with the lending institutions, they typically use a third party firm out of Texas to do their interpretations for them. They dont have all of these studies that we have. They dont have the complete record. So, oftentimes they will just look at, you know, the firms in this case are going to be looking at these digital maps. When you are on that fringe, its sometimes difficult to tell. We have in the pastI personally have done several of these where we go through the assessment; we look atgraphic data we have, we look at the flood studies, we look at the specific sighting conditions, and well prepare a letter on that individuals behalf and send it to the lending institution. Now, ultimately, this is the lending institutions money. tening their investment, they can still mandate flood insurance. But, I would say 80 percent of the time they have accepted our letter. Of course, sometimes we have to convince that third party consultant that they hire that, heh, here is the complete record that we have. We send it to them and hopefully get their buy in, and most of the time they will. Page 37 -18July18, 2017 hats a long winded explanation what you wanted. MS. LEE LOY: Thank you for that. Really, this is for Ms. Poindexter and her district. A lot of herthe lands, a lot of the properties are owned to the center of the river, right? So, the river is actually mapped in a flood zone, but a lot of the properties or the structures exist higher up. So, I completely hear what she is saying for her community, is these maps will alter and they will automatically become in these flood plains, but the topography of it, of the properties really puts the structures far outside of those flood ways. Lets face it, those third party people are looking at flat maps. They are not looking at our beautiful coastline. So, thank you for sharing that because there is an option for landowners. MR. DEMARCO: If I might? I just want to emphasize, this is about improvement, structuresanks will say the flood plain is on the land, but the structure is well removed from it. So just to get that message out, this is about structure, not about land. Unless you want to improve on that piece of land. Thank you. ACTING CHR. EOFF: Thank you. Ms. Ruggles. MS. RUGGLES: I just want to say thank you, to Mr. Demarco for bringing this up and getting the word out to everybody about this. When it was first brought up, especially the concerns that Ms. PoindexterI requested he send me the details so I can get this out to my constituents and the community. I sent it to office and put it on my newsletter and also posted it on facebook. I also encouraged my colleagues to do the same because this is a big shift that will impact people, a lot of people who have investments here. And with that, I will yield, thank you. ACTING CHR. EOFF: Thank you, Ms. Ruggles, any other questions, Council Members, or comments for Director Demarco? Okay. Well, thank you for taking the time out today to answer all of these questions and do you have any other final remarks? MR. DEMARCO: Well, I would like to thank all of you for your support on this and getting that information out to our community. That was very helpful. Thank you. Page 38 -18July18, 2017 ACTING CHR. EOFF: Youre welcome, thank you, again. Council Members, all in favor of Bill 50, say aye Vote on Bill 50: The motion to pass Bill 50 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 14 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF reading, Bill 45. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 45: COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Schedule 28 (No parking at anytime), Subsection (c), South Hilo, by revising an existing provision for a portion of Haihai Street. Reference: Comm. 323 Intr. by: Ms. Ruggles (B/R) First Reading: July 7, 2017 Motion to Approve: Ms. Ruggles moved to pass Bill 45 on second and final reading. Seconded by Ms. David. ACTING CHR. EOFF: Any discussion? Ms. Ruggles. MS. RUGGLES: This is for parking and people to pull over for emergency vehicles. Page 39 -18July18, 2017 ACTING CHR. EOFF: Thank you. Seeing no further discussion, all in favor Vote on Bill 45: The motion to pass Bill 45 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 45 is approved. Bill 46. Bill 46: COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Schedule 28 (No parking at anytime), Subsection (c), South Hilo, by adding a portion of Mohouli Street. Reference: Comm. 324 Intr. by: Ms. Ruggles (B/R) First Reading: July 7, 2017 Motion to Approve: Mr. Richards moved to pass Bill 46 on second and final reading. Seconded by Ms. David. ACTING CHR. EOFF: Ms. Ruggles, did you have any comments? MS. RUGGLES: This is another one for neighborhoods on Mohouli street. ACTING CHR. EOFF Vote on Bill 46: The motion to pass Bill 46 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Page 40 -18July18, 2017 ACTING CHR. EOFF: Bill 46 is adopted. Bill 51. Bill 51: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants Workforce Innovation Opportunity Act (WIOA) account ($1,521,232); and appropriates the same to the following 2017-18 WIOA accounts: Administration Planning ($152,121); Adult Program ($495,316); Dislocated Worker Program ($405,276); and Youth Program ($468,519). Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 335 Intr. by: Ms. David (B/R) First Reading: July 7, 2017 Motion to Approve: Ms. David moved to pass Bill 51 on second and final reading. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David, any comments? MS. DAVID: No. I think we discussed this in Committee on first reading, just asking for your support. ACTING CHR. EOFF: Okay, any other comments, Council Members? Seeing Vote on Bill 51: The motion to pass Bill 51 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, xter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 51 is approved. Mr. Clerk, have we covered all of MR. HENRICKS: Yes. ACTING CHR. EOFF: Okay, may I have a motion to adjourn? Page 41 Hawai`i County Council-18 July 18, 2017 REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There was none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 11:00 a.m., Ms. Ruggles moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—9. • Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: This meeting is adjourned. Thank you very much, Council Members. Council Approval: SEP 0 7X017 01° 1. CO CLERK SM/slm Page 42