HomeMy WebLinkAbout03/08/2023 Council minutes COUNCIL MEETING
MARCH 8, 2023
The Council Meeting of the Council of the County of Kaua`i was called to
order by Council Chair Mel Rapozo at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, March 8, 2023, at 8:37 a.m., after which
the following Members answered the call of the roll:
Honorable Addison Bulosan
Honorable Bernard P. Carvalho, Jr.
Honorable Felicia Cowden
Honorable Ross Kagawa
Honorable KipuKai Kuali`i
Honorable Mel Rapozo
Excused: Honorable Bill DeCosta
APPROVAL OF AGENDA.
Councilmember Kuali`i moved for approval of the agenda, as circulated,
seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion for approval of the agenda, as circulated, was then put, and
carried by a vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: Next item, please.
MINUTES of the following meetings of the Council:
February 16, 2023 Special Council Meeting
February 22, 2023 Council Meeting
February 22, 2023 Special Council Meeting
Councilmember Kuali`i moved to approve the Minutes, as circulated,
seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
COUNCIL MEETING 2 MARCH 8, 2023
The motion to approve the Minutes, as circulated, was then put, and carried
by a vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: The next item is the Consent Calendar. I am
going to ask that we receive C 2023-50, C 2023-51, C 2023-52, and C 2023-54. We
will remove C 2023-53, so that we can have a discussion on C 2023-53.
CONSENT CALENDAR
C 2023-50 Communication (02/02/2023) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Aimee Lorenzo to the
Civil Service Commission— Term ending 12/31/2024.
C 2023-51 Communication (02/09/2023) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Micah R. Finnila to the
Board of Water Supply — Term ending 12/31/2025.
C 2023-52 Communication (02/15/2023) from the Hawai`i State Association of
Counties (HSAC) President, transmitting for Council approval, HSAC's slate of
officers for the HSAC Executive Committee for Calendar Year 2023, pursuant to
Section 5 of the Bylaws of the Hawai`i State Association of Counties, Inc.
C 2023-54 Communication (02/21/2023) from the Director of Finance,
transmitting for Council information, Periods 1 through 6 Financial Reports —
Statements of Revenues (Estimated and Actual), Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report for the period
July 1, 2022 through December 31, 2022, pursuant to Section 22 of Ordinance
No. B-2022-886, relating to the Operating Budget of the County of Kaua`i
for Fiscal Year 2022-2023.
Councilmember Kuali`i moved to receive C 2023-50, C 2023-51, C 2023-52,
and C 2023-54 for the record, seconded by Councilmember Carvalho.
Council Chair Rapozo: The motion is to receive Consent Calendar
items C 2023-50, C 2023-51, C 2023-52, and C 2023-54. Is there any discussion or
public testimony? Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to approve the Minutes, as circulated, was then put, and carried
by a vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: Can you read C 2023-53, please?
COUNCIL MEETING 3 MARCH 8, 2023
COMMUNICATIONS:
C 2023-53 Communication (02/17/2023) from Councilmember Bulosan,
transmitting for Council consideration, a Resolution Urging The Hawai`i State
Legislature To Enact A Statute Exempting Birth Attendants From State Licensure
Requirements.
Councilmember Kuali`i moved to receive C 2023-53 for the record, seconded
by Councilmember Cowden.
Council Chair Rapozo: We will get to the Resolution later, but I did
want to take testimony from anyone that wants to testify now and not have to wait for
the Resolution. There is a situation, this Bill, that this Resolution refers to, House
Bill No. 955, it does not appear that it will pass the State Legislature. We are
awaiting word from the Legislature this morning, but we will go ahead and take the
testimony from the public. Councilmember Cowden.
Councilmember Cowden: Can I just say, because sometimes people do
not know their numbers well? This is about midwives and birthing attendants from
State Legislature,just so people know in case they do not know the numbers.
Council Chair Rapozo: Is there any public testimony?
There being no objections, the rules were suspended to take public testimony.
KRISTIE DUARTE (via remote technology): I am the Task Force Chair of the
Hawai`i Home Birth Task Force, which was created with Act 32, which relates to
HB 955. I have been working with the Legislators last week and this week, having
meetings over and over, and one thing they wanted me to point out with their House
Rules is any Bill that has been referred to a Committee may be recalled from that
Committee twenty (20) days after referral, if one-third (1/3) of the members, to which
the House is entitled vote, in favor of the recall. Twenty (20) days will be tomorrow. If
you look on the Capitol website, HB 955 was referred to the House Committee on
Finance on February 17, 2023, so they cannot move to have a floor vote until
tomorrow, so it is not dead until tomorrow. I just wanted to clarify that. Should I
share my testimony?
Council Chair Rapozo: Yes, please.
Ms. Duarte: Okay, really quick. We are in full support of
Resolution No. 2023-31. On February 17th, the State of Hawaii Department of
Commerce and Consumer Affairs (DCCA), who oversees the midwives licensing
program, testified in the Committee saying, "Birth attendants who are exempt from
the licensure requirements, if they do not comply with the law, then they are no longer
exempt and become unlicensed," so I just wanted to clarify that a birth attendant is
not unlicensed. If you become unlicensed, that is when Racketeer Influenced and
Corruup Organization (RICO) has to enforce regulations and go after you. This
Resolution is not about supporting an unlicensed practitioner. Chapter 26H of
Hawai`i's Licensing Reform Act states, "Full licensure or other restrictions are
required when regulating a profession or vocation," so the birth attendant is
regulated. We are asking for your support of continued regulation of this birth
attendant, who is practicing under other restrictions, to declare the birth attendant is
COUNCIL MEETING 4 MARCH 8, 2023
exempt, but must comply with the law to remain exempt. If they do not, DCCA said
they will go after using RICO and that is how they enforce regulation. Next, this is
not about the birth attendant, this is about reproductive rights. At the Legislature,
people are being held to stand with the wahine pledge that they signed last session,
and this is about reproductive rights, this is about women having the right to choose
who is with them and our children's right to choose who they want at their birth. In
this case, women do not want their rights taken away because they want to choose a
regulated birth attendant. I want to point out, lastly, that this is not a new idea that
we came up with. I was appointed Task Force Chair four (4) years ago. They sat me
in their office and they said when SB 1033 was going to pass into law, that this was
only one (1) pathway for licensure, we are going to create a Task Force and the Task
Force will find to have the Legislature incorporate all birth practitioners. This is the
fourth (4th) year we have come forth, and we have brought forth every single year. I
emailed all of you the Department of Health's testimony stating that this was not a
safety issue even prior to licensure, and so with that this was supposed to be part two
(2) of Act 32. Part one (1) was finished, this is part two (2) and it is not finished, and
the Legislature said they would incorporate all birth practitioners, which is why the
Health Committee and Consumer Protection passed it. Eighteen (18) votes "yes," one
(1) "yes; with reservations," and zero (0) "no" votes. Then it hit Finance, a non-fiscal
Bill and it did not get a hearing, so we are waiting and we are working hard. We have
people that have been sleeping over at the Capitol, they made friends with the
Sheriffs, they are on the sidewalk, where they legally can be, and they are waiting for
this to be put to a floor vote tomorrow. If you have any questions on safety, if you
questions about the Sunrise Report and the importance of the Auditor in this, I am
here for questions, but I think I want to finish my testimony now, and just thank you
for taking the time to address this.
Council Chair Rapozo: Thank you. Councilmember Cowden.
Councilmember Cowden: I have two (2) clarifying questions. One (1)
clarifying question is you are basically testifying asking us to not set aside doing a
Resolution based on that the Bill 955 appears to have been killed, you are saying you
want to do the Resolution? That we support, basically I want to say the medical
freedom of parents to be able to decide how they want to have a baby. Is that what I
am hearing, and that you support the nature of our Resolution?
Ms. Duarte: Yes, one hundred percent (100%). Big Island,
or Hawai`i Island is currently doing the same thing and I have to show up to testify
there today on Zoom, too. and we are asking that because of the twenty-day
requirement after referral to be put to a floor vote, and that magic day is tomorrow at
12:00 p.m. That is why we have a peaceful gathering, a ceremony, set tomorrow for
8:30 a.m., where people are just going to come and sit and wait and have ceremony
together and hope that they choose to support reproductive rights.
Councilmember Cowden: I have a second clarifying question. I believe
you said it, but I want to make sure I am understanding correctly. As this Bill has
moved through the process, basically it has been supported in the appropriate
committees it has gone to so far, and there is not a direct economic element to what it
is requesting, but it got sent to the House Committee on Finance that did not schedule
it, so it sounds like it is a procedural process of which it sounds like they are killing or
COUNCIL MEETING 5 MARCH 8, 2023
stopping this Bill for now and the importance of this Bill, did I hear right, is that there
will be a sundown on that provision that allows people to have their chosen birthing
attendant? Am I getting it correctly?
Ms. Duarte: Yes. That date is set for July 1, 2023, so after
that date, women no longer have the right to choose who is at their birth and what
kind of culturally appropriate care they would like.
Councilmember Cowden: So this is a now or never type of thing, and
that the other counties are doing the same thing that we are, so if I am hearing you
correctly, your hope is that all the county councils say, "Hey, State Government, listen
to the people, listen to these women who know how they want to have a baby and
make a hearing and a vote.
Ms. Duarte: Exactly, and to clarify that this birth
attendant is regulated, so it is a beautiful balance of regulation of a profession that the
Legislature sees fit, but in also not taking away the women's right to choose.
Councilmember Cowden: Thank you.
Council Chair Rapozo: Thank you.
Ms. Duarte: Thank you.
Council Chair Rapozo: Is there anyone else on Zoom? Is there
anyone here in the audience wishing to testify? Go ahead, on Zoom.
KIANA ROWLEY (via remote technology): I am here at the Capitol today, and
am also the Vice President of Pacific Birth Collective, a non-profit organization which
serves women all across Hawai`i to provide support and access to education. We are in
strong support, and we have had many people from the outer islands flying to
Honolulu, because it such a personal important issue. I am also a registered nurse. I
was trained and worked in Hawai`i hospitals, as well as practicing as a birth
attendant, and I just want to say there are many women who will choose their
provider and giving birth is the same hormonal physiologic processes as making love.
What gets the baby in, gets the baby out, and this should not be regulated by the
State. Thank you.
Council Chair Rapozo: Thank you. Next speaker.
KI`INANIOKLANI KAHO`OHANOHANO (via remote technology): Aloha mai
kakou. I am a longtime twenty-three plus (23+) years practicing, now called birth
attendant, of Maui County. I want to recognize that Maui County pass unanimously a
Resolution to support HB 955. In twenty-three (23) years of service to my community,
who holds me accountable, I have never had a poor outcome. We serve rural areas on
an island, three (3) islands really, where we have one hospital to depend upon. Our
resources are extremely limited and our communities depend on us. I provide free
prenatal to East Maui and beyond educational pathways and classes because I care
about my people. I care about lessening the disparities that are typically affecting
African American and Native Hawaiians more than any other population. This is not
COUNCIL MEETING 6 MARCH 8, 2023
a new fight, for lack of better words. This is something our kupuna here in Hawaii
have been persecuted for generations to continue to practice all our healing arts in
general, and I know kupuna who have been threatened and told to stop helping the
babies and helping the families, and this, in this day and age cannot continue. This is
about choice; this is not about safety. If anything, we are helping increase cultural
competency, which data proves helps improve birth outcomes. We work by donation.
We do not advertise. We have relationships. We spend hours with our families to
prepare them, not just with the mommy or the daddy, but even the extended °ohana is
a part of this process. We are not against licensure. We believe that there is a
midwife for everyone, but the point here, and we have been fighting for about twelve
(12) to thirteen (13) years and every year coming with these amendments or
exemptions, so that we can have a pathway to exist and not be a part of the past
erasure that has happened not just here in Hawaii, but globally. This is a global
issue, and I have also been at the Capital for over a week, off and on, because this is
such an important issue. I was not seen as a constituent of Hawaii State
Representative Yamashita, as many others came before this issue heated up so much
and brought so much attention. All we wanted was to be heard, and he could have
even humored us, but instead it has turned into this other action that we must take to
make our voices heard, and we just plead with you today to please join the other
counties in supporting this Resolution, which is about reproductive justice,
reproductive freedom, and women and families choice to choose the provider care that
they feel safe with. I worked at our hospital, as well as at home, and I try to be a part
of the collaborative care that is essential for all of us to have the best possible
outcomes, no matter what that looks like. We need to build relationships, build
bridges, not create more divide within our communities, within the midwives and the
variations of what that word means. It is an old-time term and midwife literally
means "with woman." They can take that title from me, but they cannot take the
kuleana that has been passed by my kupuna to malama all those that come to me and
trust and love to care for them. Thank you for letting me share and I am sorry I so
emotional today. This is about my daughters who also want to learn from their mom
and all my nieces and all those that will come. Thank you so much.
Council Chair Rapozo: Thank you. Is there anyone else on Zoom?
RACHEL CURNEL STRUEMPF (via remote technology): Boy that is a
hard act to follow. She has got me weepy. I am the first licensed mifwife in the State
of Hawaii and I am a member of the Hawaii Home Birth Task Force. I am also the
President of the Hawaii Midwifery Council and I am here to testify today in support
of your Resolution. This Bill is not dead, as you heard from Kristie. We have one last
hope that decency and reason will resound with our Legislators, and they will allow
this Bill to go to a floor vote. This is a multifaceted Bill, this is not just about the
traditional birth attendants. On a side note, these traditional birth attendants are
actually traditional midwives, but when the State of Hawaii passed Act 32, they now
own the word "midwife" as proprietary title, so these women who for ten (10),
twenty (20), thirty (30), forty (40) years, have used the title traditional midwife got
downgraded to traditional birth attendants. This Bill is multifaceted, it allows for the
traditional birth attendants to continue their regulation under Act 32. It allows for
students not enrolled in school to still be educated by a qualified midwife preceptor. A
qualified midwife preceptor is a midwife who has gone through an international
certification process to receive their certified professional midwife credential. This
COUNCIL MEETING 7 MARCH 8, 2023
credential then, after certain criteria are met, you can apply to become a teacher or a
preceptor. Currently, the way the law is written, any students who want to become
midwives have to be enrolled in a school. School programs, even though there are
six (6) available that do not require you to leave the State of Hawai`i, are going to cost
forty thousand dollars ($40,000) or more, and not all of the trainings are available in
the islands, even though you can still get the school portion online, you are still
required to find someone like me, who is a registered North American Registry of
Midwives (NARM) preceptor, to help you. The other way is to do a portfolio
evaluation process, the "PEP" is what that is called. The PEP process allows for
midwives to do a combination of study, which includes apprenticeship. There are all
kinds of professions the State allows apprenticeship that are potentially hazardous to
someone's health—carpenters, electricians, heavy equipment operators, they all allow
for apprenticeship pathways to licensure, or you can attend a school. Midwives are no
different, and to be frank, the credential did not even exist until 1995. Prior to 1995,
midwives became midwives by studying under a midwife, who studied under a
midwife, who studied under a midwife. For a millennia, women have helped women
have babies, so the fact that this new credential is forcing out literally half of the
population of women that help women give birth in the State is atrocious. I am on the
Big Island. I am a rural midwife. I put forty thousand (40,000) miles on my car in two
(2) years just seeing the people who need to have prenatal care. On the Big Island,
you cannot even see an Obstetrician (OB) when you are pregnant, until you are over
twelve (12) weeks. That is one-third of your pregnancy, that is your entire first
trimester. The OBs will not even make you an appointment until you are over twelve
weeks, because they are so overloaded, they cannot see the number of women that
need them either. To take away our midwives is just unfair when most of the rural
communities are desperate for help. I know, as one of the six (6) midwives on the Big
Island, that we are desperate for people to help women in rural communities, women
who are underserved and do not have the money to hire a licensed midwife. O`ahu
has two (2) licensed midwives. Two (2) for the entire island of O`ahu, all the people
that live there, the people that are seeing traditional birth attendants and the
unlicensed Certified Professional Midwives (CPMs), they are going to lose access to
prenatal, postpartum, and birth care come July 1st if this Bill does not pass. We have
been trying for years to explain to the Legislators who we are and what we do, and I
do not know if it is just stubbornness that keeps them from trying to understand our
position, but we need support, we need access, not limiting midwives. We need access
to proper birth care. We all know someone who has given birth trying to get to the
hospital, because it is over an hour away and wait too long or their birth goes fast, and
women deserve the right to choose. Lastly, this really is a reproductive issue. This is
my womb, my body, my birth. What, I believe it was Kiana who said it, we always tell
our clients, the best way to get a baby out is how you got them in there, because when
you make love you have all of those same hormones as when you are in labor. It is a
very intimate and private process and not everybody wants to go to the hospital.
Women have the right to choose a hospital birth. They should also have the right to
choose a home birth with a safe, confident woman to attend them, not just fly by the
seat of their pants alone, because they could not find somebody that was willing to
help them. Do you folks have any questions for me?
Council Chair Rapozo: I have one clarifying question. Could you help
me understand the difference between a midwife and a birthing attendant?
COUNCIL MEETING 8 MARCH 8, 2023
Ms. Struempf: The traditional birth attendants are formerly
known as midwives, and when the State licensed the midwives, they appropriated the
title "Midwife" to the midwives who are certified professional midwives able to obtain
licensure. They said that all other people who attend birth would fall under a new
category, which is the traditional birth attendant, because the State of Hawai`i wanted
to make the word "midwife" represent those whose education and credentials had
been verified by the State. The traditional birth attendants do not have their
credentials verified or approved by the State, but they are held to regulations and rule
through Act 32, under the exemption. It is an exemption from the CPM license, but it
is not an exemption from regulation, and that is really important to note. When
July 1st comes, the regulation of the traditional birth attendant, or you could say
traditional midwife, will expire and then they will no longer be under the Department
of Commerce and Consumer Affairs with consumer protection for the women seeking
their services. That is what we really want to do. We want to preserve that
regulation and the continued oversight of the Department of Commerce and
Consumer Affairs for all midwives, not just one tiny little fraction. Right now, the way
the law is written, only one (1) type of certified professional midwife can get their
license anymore. After January 1, 2020, the State no longer allowed Certified
Professional Midwives who went through the portfolio evaluation process to seek a
license, even though the certified midwife has the same credential as the other
midwives who went to a school. They still are not able to seek a license at this time
and we have several women in this predicament who this Bill would allow them to be
licensed where they are currently not eligible. It was an oversight by the State
because they simply did not understand who or what we do.
Council Chair Rapozo: Thank you. Councilmember Kuali`i
Councilmember Kuali`i: I really appreciate your very thorough
explanations. You sounded very frustrated when you said you were trying to explain
to the Legislators to get them to understand, but is it not true that most of the
Legislators do get it, because if it passed out of other Committees 18:0, and is it not
just one (1) Legislator, the House Committee of Finance Chair, that is potentially,
technically blocking this or stopping this?
Ms. Struempf: He is the original stopper, for sure, but right
now, we could have the Speaker of the House come to our behalf and ask for a floor
vote. That is what we are really hoping still happens. We are hoping that we did get
our message across and we still have a hope, but unfortunately people pass bills and
laws all the time without fully understanding, or reading them, or knowing exactly
what or why they are voting on something. Being a part of this process for the past
thirteen (13) years has really been eye-opening to how laws are made, and it has been
a very frustrating process, so, yes, we hope that they understand, but in reality, do I
believe that is really the case? Unfortunately, probably not.
Councilmember Kuali`i: Lastly, the thing you said about the Speaker,
that the Speaker could come to our defense and ask for a floor vote. Does that have to
happen by tomorrow or by the end of the session?
Ms. Struempf: It needs to happen by tomorrow.
COUNCIL MEETING 9 MARCH 8, 2023
Councilmember Kuali`i: Okay. Thank you.
Council Chair Rapozo: Thank you.
Ms. Struempf: Thank you. We appreciate you folks at least
taking the time to try and understand what we are going through. It is really
important to us to be heard, and we thank you for the validation and your time.
Council Chair Rapozo: Thank you very much. Is there anyone else on
Zoom? Are there any registered speakers?
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Chair Rapozo,
there are registered speakers. Jaime Schrack, followed by Mieko Aoki-Stewart.
JAIME SCHRACK: I live in (Inaudible) valley. I grew up in
Iilauea and this is very important to me. I am in strong support of the Resolution
and also HB 955. I have been present for both hospital birth and home birth, and I
have a real deep respect for midwives, their skill, and the quality of care that they give
to women. When I think about birthing my own children, it is really important to me
that I have access to midwifery care and to support a birthing at home. I am just
really asking that you support this and you support all of these women who are
carrying on tradition and supporting our communities and supporting other families
that would choose to have their care. Thank you.
County Chair Rapozo: Thank you. Next speaker.
Ms. Fountain-Tanigawa: Mieko Aoki-Stewart, followed by Brady
Stewart.
MIEKO AOKI-STEWART: Aloha. I am a licensed midwife here on
Kaua`i. I am a home birth licensed midwife here. Thank you for your time and
creating this space and opportunity to hear and hopefully clarify a lot of the
information that the other midwives have shared as well. I have three (3) students,
and I may have two (2) more, that they are also my birth assistants. How it works is
that as a licensed midwife, I also educate and support people who want to learn the
path of midwifery, and how to sit with women, as well, at a birth. If this Bill does not
pass, these students will not be exempt from the law, as it is written in Act 32. If you
are a student and only enrolled in a Midwifery Education Accreditation Council
(MEAC) accredited program than they are exempt from the law, from responsibility as
a student. Come July, they will not, so they will actually be illegal. That will make
them uncomfortable, which means that we will lose my assistants that come to the
birth with me. They do a lot of the things that, not just the cleaning, but a lot of the
set up, and a lot of the support that we offer the families. Doing it by myself is going
to create a lot of, not just stress, but takes another set of safety—another set of eyes,
another set of hands, that actually support the care that we provide. As they learn,
which is the strongest, probably one of the most intimate and deepest way of learning
is through apprenticeship. Through direct experience, you are sitting with them, you
are hearing and learning how to sit with women, and in times of biggest challenges
that they might have in giving birth. It is an intense time and a very personal,
intimate experience and in order to learn that, you gain experience, you come with
COUNCIL MEETING 10 MARCH 8, 2023
practitioners who have been there. It is really important that it gets upheld, those are
traditions that get passed on. They learn how to love on a woman and care for them
and that you cannot learn from books. Everybody can read a book, but I guarantee
that everyone that reads a book does not necessarily know how to sit and care for a
laboring woman. We are there for hours with women, hours.
Council Chair Rapozo: That was your first three (3) minutes. How
many more speakers do we have? We have three (3) more. You can go ahead and
finish.
Ms. Aoki-Stewart: I just want to emphasize the importance of
passing on tradition, as I think everyone knows to that your family traditions, and we
are passing this onto not just other women, but to their children, as well. When all
the other daughters and aunties or grandmothers that are present, and they are
gaining experience from attending a birth that is healing, that is meaningful to them,
it changes a community, it changes the happiness and the family setting. It is real. I
see it all the time. I ask for this Resolution that will support the continuation of
traditional midwives, the continuation of family and culture to perpetuate in our day,
or I think we will lose who we are, and that would be a really sad day. Please support
HB 955, as Rachel has shared as well. It continues to regulate the midwives, the birth
attendants—I am sorry, I know the language to be in sync with it—to support the birth
attendants. The HB 955 will continue to regulate the midwives that are regulated in
Act 32. The current law in 2019 that was placed, Act 32, is regulating the traditional
midwives, the birth attendants. HB 955 will continue to regulate those midwives. We
need that so that they can continue to practice. We need more midwives, actually, we
do not need less. We need to continue to keep the access to becoming midwives
available and accessible. If myself and maybe one other midwife are the only two
here, we cannot take on ten students that they might be able to in a hospital. We do
not do that many births. If I do more than four births a month, that is just too many
and that is not good care for my clients. We spend two (2) hours per prenatal visit, per
postnatal visit guiding, and educating, and answering any questions they have, and
addressing their fears or worries of meeting their challenges, meeting their labor,
meeting their child. It is just a really different type of care and we need that and we
need to keep that option available to anyone who chooses, because it is a woman's
right to choose their birth circumstances. I am totally available for any questions at
any time.
Council Chair Rapozo: Thank you. Next speaker.
Ms. Fountain-Tanigawa: The next speaker is Brady Stewart, followed
by Sadie Braaten.
BRADY STEWART: I am in support of this Resolution. I think a
couple of the important things to recognize are that the exam, which is given to the
midwives given by the North American Registry of Midwives (NARM), which is the
certifying body nationwide, is the exact same exam for the people who go through the
apprenticeship process, as the people that have the formal schooling, MEAC
accredited schooling. They receive the exact same certification from the nationally
certifying body. Another thing is under the current law, as it is written, I think it is
important to recognize that the birthing mothers are given an informed consent form
COUNCIL MEETING 11 MARCH 8, 2023
under the law for those who have gone through the PEP process of apprenticeship.
Basically, we are trying to continue the regulation of these traditional birth
attendants. It is not that we are trying to give them an exception from being
regulated, it is that we want to continue to regulate them. If this Bill does not go
through, then after July 1st, those women will no longer be allowed to practice, so I
just think it is important to recognize that they all go through the same exact exam
process, they all have the same national certification regardless of whether they
attended the schooling process or just went through the apprenticeship process. I just
think it is more than just these women being put out of work, it is not just about the
professionals, it is not just about the profession, it is about the choices of the birthing
families and the mothers, giving them the options, and not reducing their options for
care if they choose to give birth at home rather than in the hospital. I stand in
support of the Bill and I hope you all will agree with us.
Council Chair Rapozo: Thank you.
Ms. Fountain-Tanigawa: Sadie Braaten.
SADIE BRAATEN: I live in Kalihiwai Valley. I am part of KSUN,
I work closely with Fire and Kaua`i Police Department (KPD). I am originally from
Oregon and I was a home birth baby, myself, by traditional midwife. I come from a
birthing community in Oregon and I trust the midwives and traditional midwifery
very much. I would like to give birth myself one day, possibly on this island, and I
would love to have it be with a traditional midwife. There were complications in my
birth. I had shoulder dystocia. My arm was planned to be broken in a hospital, but I
was born safely at home with midwives. I think that it is important for the PEP
traditional midwifery training to be allowed in Hawai`i, so that the traditional
midwives can obtain the core fundamental midwifery knowledge by certifying as
professional midwife, letting the community know that they are competent and they
are going to be doing the same testing, and so to learn from this ancient wisdom and
knowledge is very important. I am in full support of the Resolution to protect
midwifery, home births, and traditional midwives. I think it is a woman's right to
choose who they give birth with, and when, and where. It should always be a woman's
right and we should protect that as a community, as an island of Kaua`i, to bring this
to the next state of protection for the whole State of Hawai`i. Thank you folks so
much.
Council Chair Rapozo: Thank you. Are there any other registered
speakers?
Ms. Fountain-Tanigawa: No further registered speakers.
Council Chair Rapozo: Is there anyone in the audience wishing to
testify?
SHERRI CUMMINGS: I was not prepared to testify regarding this
agenda item, but just interesting as a kanaka and as `ohana that our families used to
practice that, so it is very cultural appropriate that we support this Bill because that
is the practice of our Hawaiian people. That is how we used to hanau, we used to give
COUNCIL MEETING 12 MARCH 8, 2023
birth through being with ohana and with people that used to help us to facilitate as
we hanau as wahine. I support this Bill and would like to see it go forward. Mahalo.
Council Chair Rapozo: Thank you. Is there anyone else?
CONNIE BURTON: Aloha. I just am so willing to see it continue
to grow, our efforts as people to reclaim our power from a medical system that has
really disempowered our most important rights of passage in life, birth, and death.
These natural parts of life that we have somehow been convinced are medical
emergencies and they are not. They are a natural part of living and dying is a natural
part of living, as well. The midwifery movement in the 70s that has helped to bring
birth back home and back to women has made more progress than the efforts that
Hospice fortunately is made to help bring death back home. These are our
fundamental rights as human beings. This is as fundamental to being a human as it
gets. To be able to live and die and birth and death with dignity in our home the way
that we choose with the people that we choose. The people that are currently
regulated by the Board that regulates all midwifery, the people that go to the
apprentice path, as they have said, pass the same exams as the people that went
through the book path, but even if you were going to get a massage, would you rather
get a massage from someone that has watched fifteen (15) videos or done fifteen (15)
massages? There is nothing more powerful than a teacher with hands-on experience.
It is a total no-brainer in my book. Life is the greatest teacher. Let us listen to life
and allow this to continue, what the regulating Boards already allow. Why would we
be different than that in a place that is supposed to honor traditional values? Mahalo.
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify?
JOSEPH KUA: Good morning, Chair Rapozo, Vice Chair
Kuali`i, Councilmembers, Staff. Today is an experience for me, being here, listening to
all these people talk about all of this going on. It is really touching, and life is life. To
all these people here, mahalo for your testimony, but I just wanted to say I support
them and this is unreal. Thank you, folks. Aloha.
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify? Seeing none.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Council Chair Rapozo: This Resolution will come up later. If there is
any pressing discussion you folks want to have right now, we will do it, but I would
ask that we save it for the Resolution, so we can move with the presentation. Does
anyone have any discussion? Go ahead, if anyone has. Councilmember Cowden.
Councilmember Cowden: I am not sure if the testifiers are going to stay.
I have a statement to make, but I can wait. Are you staying for the vote? It will
probably take hours.
COUNCIL MEETING 13 MARCH 8, 2023
Council Chair Rapozo: Yes, at least an hour. Councilmember
Kagawa.
Councilmember Kagawa: Chair Rapozo, I just wanted to clarify
information from the Legislature for the Hawaiians, the kanaka maoli. You folks are
already exempt through a separate process with Papa Ola Lokahi, so Hawaiians, you
are exempt. I am just saying what I gather from the Legislature and I just wanted to
relay that to the Hawaiians.
Ms. Kaho`ohanohano: May I be able to speak? I am a Native
Hawaiian.
Council Chair Rapozo: We are done with the public testimony at this
point.
Ms. Kaho`ohanohano: But we are not covered by Papa Ola Lokahi. I
testified earlier, yes.
Council Chair Rapozo: Who is speaking?
Ms. Kaho`ohanohano: This is Ki`inaiokalani Kaho`ohanohano.
Council Chair Rapozo: Did she use up all her time?
Ms. Kaho`ohanohano: I testified earlier, yes.
Council Chair Rapozo: Unfortunately, your time has run out.
Ms. Kaho`ohanohano: Being that that statement was made, I just
wanted to clarify.
Council Chair Rapozo: Go ahead.
There being no objections, the rules were suspended to take public testimony.
Ms. Kaho`ohanohano: I just wanted to clarify that that is one of the
common misconceptions with Act 32. I sat as the Traditional Midwife's seat on the
Hawai`i Home Birth Task Force as well. I, to this day, for the past four plus (4+) years
work with Papa Ola Lokahi as best we can to create solutions, so that this exemption
can truly exist. There are currently zero (0) Native Hawaiians covered by this
exemption because it is not set up. We do not have a kupuna Council to oversee us
and Papa Ola Lokahi has come in support as well of our birth attendant exemption, so
I just wanted to clarify and I appreciate you letting me do just that.
Council Chair Rapozo: Thank you. Is there any other discussion? If
not, the motion is to receive. The Resolution will come up later today and that is when
we will take the final action.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 14 MARCH 8, 2023
The motion to receive C 2023-53 for the record was then put, and carried by a
vote of 6:0:1 (Councilmember DeCosta was excused).
C 2023-55 Communication (03/01/2023) from Council Vice Chair Kuali`i,
transmitting for Council consideration, a Resolution Pledging Support For Native
Hawaiian Women And Girls
Councilmember Kuali`i moved to receive C 2023-55 for the record, seconded
by Councilmember Carvalho.
Council Chair Rapozo: This will come up later in the Resolution. Is
there anyone in the audience wishing to testify now? Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
Council Chair Rapozo: Is there any discussion? Seeing none.
The motion to receive C 2023-55 for the record was then put, and carried by a
vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: Next item, please.
C 2023-56 Communication (02/13/2023) from Representative Nakamura,
along with Lance Segawa, Hawai`i Health Systems Corporation (HHSC) Kaua`i
Region Chief Executive Officer (CEO), requesting agenda time to brief the Council on
the Samuel Mahelona Memorial Hospital (SMMH) Transit-Oriented
Development (TOD) Master Plan Update Project.
Councilmember Kuali`i moved to receive C 2023-56 for the record, seconded
by Councilmember Cowden.
Council Chair Rapozo: With that I will suspend the rules.
There being no objections, the rules were suspended.
Council Chair Rapozo: Mr. Segawa, if you could come up here, please.
Is it just you? I see Representative Nakamura and Mr. Shiramizu.
LANCE SEGAWA, Hawai`i Health Systems Corporation (HHSC) Kaua`i Region
Chief Executive Officer (CEO): Good morning, Council Chair Rapozo and
Councilmembers. We are here this morning to provide Council with a briefing of the
current status of the Samuel Mahelona Memorial Hospital Master Campus Plan. On
Zoom, we have Representative Nadine K. Nakamura, sponsor of the project, and we
also have our Planning Consultants PBR Hawai`i & Associate's Inc. Principal Kimi
Yuen, and we have Ty Shiramizu. Kimi, do you want to take it away?
Council Chair Rapozo: Yes, please.
COUNCIL MEETING 15 MARCH 8, 2023
KIMI YUEN, PBR Hawai`i & Associate's Inc Principal (via remote technology):
Hi. Aloha. I think Representative Nadine K.
Nakamura will go first. Thank you, sorry.
NADINE K. NAKAMURA, Hawai`i State Legislature Representative, House
District 15 (via remote technology): Thank you. Good morning, everyone, I am
sorry I am not there in person to present the Master Plan for Mahelona Memorial
Hospital. I wanted to just say this has been a very long process, starting probably
over five (5) years ago. I think many of you have been briefed on the Master Plan,
different phases of the Master Plan, but we thought it would be a good chance to bring
all of you up to date on the current version of the Master Plan that is almost finalized.
We wanted to let you know that over the past five (5) years, we did one (1) version of
the Master Plan on the land surrounding Mahelona Hospital, and then we updated
the Master Plan to include some of the adjacent State lands that are not under the
jurisdiction of Hawai`i Health Systems Corporation, but it is under the jurisdiction of
the Department of Health and the Department of Land and Natural Resources
(DLNR), just so we can take a more cohesive look at that look because it is all tied
together, and there are going to be impacts based on what you do on one side of the
property to another. Two (2) years ago, the State invested and partnered with the
County to put in ten million dollars ($10,000,000). The County Department of Water
matched that with ten million dollars ($10,000,000) to address some of the water
source and storage concerns. That work is going on while we complete the Master
Plan and the Environmental Impact Statement (EIS). This year, we are asking for
additional funding to look at some of the on-sight and off-sight infrastructure needs to
make development on these lands possible. Kimi will be going over that as we go
through the Master Plan with you. It has been a real collaboration with the different
State agencies involved. We appreciate Lance Segawa's leadership in bringing us
together and then the work of PBR Hawai`i & Associates Inc. to work on this next
phase of the Plan. I am going to turn it over to the Principal of the project, Kimi Yuen.
Ms. Yuen Mahalo Representative Nakamura. Did
Lance actually want to say a few things, as well?
Mr. Segawa Thank you, Kimi. Actually, I do. This has
been a very long process and from my perspective the best part of the process has been
attention to the community. Getting community input throughout the years has been
very engaging and educational. I have had the opportunity to talk to community
members about their perspectives, and it is a very important one, because they live
right in that area, so it does mean a lot. I think the best part of this project, and if you
look at the entire State, I do not believe there is one hospital that is engaging the
development of their campus to include all of these interests. I do not think that
exists. This would be the first one. Granted, we have thirty-four (34), thirty-five (35)
acres to work with, so that is a lot of land, but the fact that we would really look at
how we can benefit the entire community as we develop the campus is unique. I think
under the leadership of Representative Nakamura and the other Legislators, it is
making it possible, and all you here as County leaders. That is, to me, what makes
the project special. I do not think, as we look back over the years, we would be able to
say there is another project like it. We could be the example here on Kaua`i. I was
thinking about what was said earlier, at the beginning, about what makes Kaua`i
special and I think this project could be an example, because it is complicated. It is
COUNCIL MEETING 16 MARCH 8, 2023
very complex. Like I have said, I have had conversations with community members
who are not very happy, not happy. I think it is no secret that the Kaua`i Police
Department (KPD) substation was a kind of lightning rod for some people, and we had
to work through that. I want you to know that last week I met with Chief Raybuck
and we walked the proposed site of the potential substation and there is a possible
win-win there. It is going to be on our campus, right almost in the heart of it, and I
think we can make it work. I guess the main thing I want you to know is the spirit of
working together is really driving this project and I thank you in advance for your
support. We have a longways to go, yet. We are not quite there, but we are getting
close to at least a vision and I think that is what we want. Kimi, you can take it away.
Council Chair Rapozo: Thank you. Okay, Kimi.
Ms. Yuen: Aloha. Mahalo nui Council Chair Rapozo. It
is good to see you again. Councilmembers, mahalo for having us here. Again this is
Kimi Yuen from PBR Hawai`i & Associates Inc. With me here, this is Ty Shiramizu,
and he will be running the slides for me. We have a brief presentation. If we could
get going, Ty. Okay, great. Next slide, Ty. Some of this you may have seen, as
Representative Nakamura mentioned there were some briefings held with
Councilmembers before. The project overview, as Representative Nakamura
mentioned, was started a few years ago with a master plan that was primarily for the
thirty-four (34) acres of just the Mahelona Hospital campus. A lot of the master plan
priorities...
Council Chair Rapozo: We are in recess.
Due to a power outage, the Council recessed at 9:36 a.m., and reconvened at
9:59 a.m.
Council Chair Rapozo This meeting is called back to order. I
apologize for that interruption. I guess we are having some electrical interruptions
here on Kaua`i. Before we get started, I just want to quickly to explain that if we
cannot get back online within thirty (30) minutes, by the Hawai`i State Office of
Information Practices (OIP) rules, we need to redo the entire meeting, not just pick up
where we left off. We need to restart the meeting, in other words, repost the meeting,
so all of what happened up to this point would be null and void and we must redo it.
In the Planning Commission, that is what happened, and they had already acted on
permits. All of that was null and void, because they could not get the system back up.
So basically, as forewarning to everyone before you start throwing the bullets when
you see that we are probably going to do away with remote meetings, only because of
the instability of the system, and it could cause some major disruptions, if we have
gone through six (6) hours of meetings, and the power went out, and for some reason
could not get back on in thirty (30) minutes, then all of that would have to be redone.
I hope you folks can understand. With that the meeting is called back to order.
Council Chair Rapozo: Kimi, I am so sorry about that.
There being no objections, the rules were suspended.
COUNCIL MEETING 17 MARCH 8, 2023
Ms. Yuen: Aloha. Mahalo nui everyone. Just to note,
Representative Nakamura had to leave for another meeting at 10:00 a.m., so she
apologizes. We can fill you in on what she wanted to share as we go through this. I
was going through the list of Master Plan priorities that have carried through in this
version of the Master Plan. I think I left off with the Transit-Oriented
Development (TOD). The next bullet is talking about incorporating the adjacent State
lands. As noted that in the 2020 version of the Master Plan only included the main
campus, thirty-four-acre property, but as Representative Nakamura mentioned, there
are four (4) other state properties surrounding the hospital parcel, as well as, Kapa'a
Elementary and high schools to consider. The thought was to look at that, take a step
back, look at the larger community, and all of the opportunities that could be packed
with this new Master Plan. Again, the partnerships with the private, County, and
State organizations, and to look at an expanded, convenient, and accessible
community, including all of the amenities. Ty, actually go back to the previous slide
that showed the 2020 version of the Plan. It is a lot when you think about what that
original vision included, and to cram that all into the single parcel sacrificed a lot of
things that the community does love about Mahelona. A lot of folks enjoy their views,
the almost one hundred eighty degree (180°) view of the ocean from up on the campus.
When this Master Plan came out, a lot of the taller buildings were placed at the bluff,
blocking the view for the community. That is the Assisted Living Facility (ALF), those
are three-story buildings, we had affordable housing to the left on that overlook, too,
and those were all taller three-story buildings as well, and so you lost a lot of what
made Mahelona campus special by trying to include all of that onto that main campus
and in the arrangement that was done. So by adding the adjacent State parcels...Ty
you may go forward to the next slide. This is a view, and I am sorry, this is turned
ninety (90) degrees. This is with north up top and Kawaihau Road on the left side,
and obviously the ocean on the right. The main thirty-four (34) acre campus is in the
middle, in that blue, and surrounding it are the four (4) adjacent State parcels, and
the total campus we were tasked to look at is within that yellow outline. In additional
to all of that you have the two (2) schools to the north of the site, and as many of you
know, Kapa'a Public Library is on the shoreline right now. They have had potential
issues with encroaching sea level rise and even regular storm events have started to
put that library in a bit of jeopardy, so the State Public Library system is going
through a site selection process right now, that got incorporated into this master plan
early on and to relocate the library up to the Mahelona campus. As Lance mentioned,
the new KPD substation was also included on the 2020 Master Plan on the campus,
which created a bit of community controversy. That we have also been working
through and trying to find a right location, as Lance mentioned, on the campus. Next
slide. This is just the project timeline. This was really focusing on the Master Plan
process. We started back, as Representative Nakamura mentioned, a couple years
ago, late 2021. We have come through with what we are hoping will be the final
master plan that we are going to do one (1) more round of community meetings after
meeting with you. We will be presenting this to Mr. Segawa's Board, and then also
having one last final community meeting to present the Master Plan before we roll
into the EIS process, which takes approximately a year to do. Next slide. Back in
May of last year, we had our TOD architect come up with three (3) conceptual master
plans. I am not going through this in a lot of detail, but we did have a community
feedback on the three options. They are not very different. Just to give folks an
understanding of how to read the plan, the colors represent different land uses: the
blue being the hospital and other public facilities, the yellow are potential housing
COUNCIL MEETING 18 MARCH 8, 2023
footprints, and the red were the kind of commercial type of uses, but included a lot...
and when I say commercial, it is not like strip malls or anything. It has to do with the
cafe, a pharmacy, outpatient offices, and doctors and dentists' offices, that sort of uses
that related to health care and a continuum of care on the campus.
The next slide takes us to where we are today. This is the conceptual Master
Plan that we are hoping to move forward. Again, the same colors are used in this
version of the Plan. The only outlier is the yellow rooftop on the far left corner. That
is actually on the Kapa'a High School campus. That is actually the proposed new gym
for that campus, so do not get distracted by that. That is a school use and not related
specifically to this Mahelona Master Plan, but we put it in because we were
coordinating with Kapa'a High School on access ease and additional parking to
support big events there. We wanted to put that in for reference on the plan. Just to
walk through again, and I apologize the plan is again rotated with the ocean being on
the top of your screen and Kawaihau Road at the bottom, but in essence, a lot of the
concepts that came from the conceptual alternatives including the loop road that
wraps around the hospital, again that was also included in the 2020 plan, but in this
case, we did have meetings with Lawrence "Larry" Dill and Michael Moule to talk
about circulation and traffic calming, and some of the improvements related to
circulation on the Plan. So the loop road is still there, and I will go into that in a little
bit more detail. The yellow rooftops again on the campus are residential, and in the
conceptual alternatives we had actually designated different types of housing, but we
thought moving forward, it would be good to just designate them in general as
potential areas for housing and, again, this would be affordable housing, all of these
lands are ceded lands, so the State would not be selling any of this. It would all be
rental, affordable workforce housing could be housing for teachers, and health care
workers. It could be affordable housing or workforce housing for a lot of the facilities
that are on the campus, as well, but in general, we just kind of put rough estimates
based on footprints, but the exact types and uses we are leaving off the plan to give
that flexibility moving into the future depending how funding or partnerships come
forward. We did not even designate specifically an assisted living facility, but that is
also still in the plan as a potential support in terms of financial income for the State
hospital. In blue, the flat roof in the middle is the existing hospital. Parts of it have
been removed as part of this Master Plan, but basically the flat roofs are the existing
buildings. There will be, as we discussed earlier, behavioral health support systems.
In the previous plan, there was a new patient facility to upgrade the existing
behavioral health facility that exists at the hospital today. Ty, if you could put your
cursor over the building that is attached. That is the new inpatient facility that would
provide ten (10) beds with two (2) stabilization beds. In support of the continuum of
care for behavioral health, there is a residential behavioral health facility. Based on
input from the community, because of this facility, the thought was if the police
substation could be moved in-between there as kind of an anchor and an easy access
for support for the hospital, as needed, that was the ideal location that was discussed
with the schools and the community. Representative Nakamura went out into the
community to talk with everyone. This is where the new police substation is being
identified. Mr. Segawa also talked with Chief Raybuck and, as he mentioned, there is
support for it there. It is away from the Hundley Heights community that was
protesting it when it was at the lower right of your screen, off Iwaena Road and
Kawaihau Road. Instead, in that area, we have actually located the potential site for
a new Kapa'a Public Library, which is the kind of U-shaped. The thought there, too,
COUNCIL MEETING 19 MARCH 8, 2023
was that when talking with the State Library folks, they really want to make it a
community library. All the services or facilities that they would have there would
support the community. They often do "first of the month movies" when they get
those DVDs in stock, so the idea there could be that you could have that on this bluff.
If you see on my background, it is that view. To preserve that view for the community
and community uses so, library activities could be located there at the top. Next door
could be the relocated Easter Seals facility. Right now, they are occupying the
Department of Health (DOH) building at the back of the site, which is now identified
as potential housing. When speaking with the Easter Seals team, the facility there
was a little too big and they also wanted to be a little more integrated into the
community, so we have provided a potential location here up front next to the library.
Similarly, the Ho`ola Lahui Hawai`i users are located in the back where one of the
L-shaped residential buildings are, closer to the loop road. Similarly, they wanted to
be up front in the community, have access to open space where they could have
classes, and kapuna care, and activities, so this is a potential location, up front and
integrated with the community. If you folks are wondering about that raised side
road, that Michael Moule and their team just recently constructed connecting the
schools with the Hundley Heights, that is still shown on this Plan so that sidewalk
would remain, integrating Gore Park into those community uses by removing that
segment of Iwaena Road that cuts off Gore Park from the main campus allowing
traffic to come out of Mimilo Road with some traffic improvements, slowing traffic
down with potentially a speed table, but then also providing the right turn lane out
onto Kawaihau Road to support that movement. A lot of these traffic improvements
were looked at by our traffic engineers at Fehr & Peers, and Michael Moule and his
team also weighed in. There were two (2) mini roundabouts on Kawaihau Road at the
ends of where the loop road would connect. Those are also looked at and engineered
by Fehr & Peers and Michael Moule.
As I move across the campus towards the schools, there is another little blue
building that is envisioned potentially for the DOH Administration on Kawaihau
Road. The Hospital Administration building would be the bigger rectangle, just
internal to the campus with the Senior Center at the ground floor as originally
envisioned in the 2020 master plan. In terms of an Occupational Therapy (OT) clinic,
which you folks may be familiar with, is the big rectangle in the middle of the plan.
That is envisioned to be expanded for long-term care, adding twenty-five (25) beds and
the OT clinic would go towards the red building. There is a little extension that we
would add. That would of course need to be built first before the OT clinic gets
renovated for additional long-term care beds. The warehouse to support the hospital
services is kind of a buffer between the behavioral health uses. We also understand
the school often has needs for an overflow parking, so are trying to provide parking
that is easily accessible to the schools, so during down hours there is access from
Nunu Road, but then also that open space in the front could be used for overflow
parking or other events. We have heard from the school that they are looking also for
places for May Day programs and those sorts of things, so Mr. Segawa and his team
are still very open to coordinating and cooperating with the schools to support things
and activities that they may be having. All of the roadways, the loop road, include on-
street parking, as well as bus pull-outs for transit, so those are those "T's" in the
circles that you see are potential transit hubs—one (1) at the school, one (1) in front of
the building, and one (1) in the back where there is a lot of residential housing. We
COUNCIL MEETING 20 MARCH 8, 2023
have had Celia Mahikoa and her team take a look at this and they are supportive of
those transit stop locations.
Moving towards the school now in the other blue building that is in the corner
by the schools, that has not changed from the 2020 Plan as a potential preschool site.
As you move back up on that Nunu Road extension, as many of you know, there have
been houseless camps that have been coming up in that area in the back, so the
thought was to actually create a location that could potentially be for transitional
housing and Representative Nakamura has been talking with Adam Roversi, of the
Housing Agency, about potential transitional housing on the campus. That is
identified as a potential site. Representative Nakamura and Mr. Roversi went out
with the school parent-teacher association (PTA) to look at Kealaula to see what that
kind of facility to be like and that is potential for a transitional housing campus
development here from the campus to serve the eastside communities. Everyone was
really supportive of what your Housing Agency has been doing there, so there is
support for having transitional housing up on the campus as well. It is noted that the
DOH building, where Easter Seals is now, that U-shaped building at the back, could
be renovated for housing as well. We also talked with Larry Dill from your Kaua`i
State Department of Transportation (DOT) about a potential connection back down to
Kuhio Highway from up here, you see a dashed alignment, which is very preliminary
at this stage, but Representative Nakamura has put in the current legislative budget
request to do a study to see if that is even feasible. If it is feasible, it would support
primarily access out of the community, but I think Representative Nakamura is
thinking when you have big school events, or now that this including more uses and
residential, that you would need another outlet out to the highway, and it would
support the access for the police if they needed to get back out to the highway from the
new substation. When we brought that up talking with Larry Dill, he supported it if it
makes sense, if it is feasible, to even look at doing something like a new roundabout at
that intersection, if that becomes real. As noted, Representative Nakamura put in a
legislative request to do that feasibility study as well as some engineering to start
looking at the loop road, given that there is interest to get going on actually
implementing the plan. We know Mr. Segawa, and Mr. Segawa can speak to this, he
has funding to do the new behavioral health inpatient facility, and so they were
working on an updated plan for that. They were going to do an Evaluation
Assessment (EA) for that. As many of you know, the police substation also had a Draft
EA come out and that is when a lot of the controversy from the community came out.
We know, like I mentioned, the library is moving forward with plans to relocate their
facility up to this campus, so they have funded a preliminary design report, I think
based on this new location. All of these potential projects coming online in the short
term, we are looking to also wrap into the EIS that we were contracted to do for the
master plan, so hopefully that will eliminate duplicative Chapter 343 reviews for some
of these facilities. We still need to think that through a bit, but if there is a way to do
that, I think a lot of the things that Representative Nakamura is with the Legislature,
trying to get funding to support these improvements and the master plan coming
online. Hopefully in this Legislative session, we actually have some money from last
Legislative Session to complete out the EIS. So just to give everyone a heads up about
that. If you have any questions about that, you can ask me, but they are all still very
preliminary. Getting back to the Master Plan, though, in the red rooftops, those are
envisioned, they are labeled as commercial buildings, but again they would be health
related, so outpatient, health offices, medical, dental, pharmacy, as well as, a
COUNCIL MEETING 21 MARCH 8, 2023
convenience pharmacy tied to the hospital. They are envisioned right now as one (1)
story buildings, so not too much of an imposition on the adjacent residential across the
street, which are all single family and the school. The thought was to provide those
services outward facing on Kawaihau Road. There is an amphitheater at the bluff,
and we really wanted to preserve a lot of that open space on the bluff, because of the
community support for the views and people are already walking for health in the
community on the campus. To support that community amenity, we really tried to
keep a lot of the buildings off of that big bluff. In dashed lines around the Hawai`i
Public Housing Authority (HPHA) parcel, and some of the nursing housing, we have
identified a potential redevelopment site. I believe HPHA was looking to do
something with this property of theirs, but we have not really incorporated any
changes to that in terms of this Master Plan, but we identified a potential five-acre
redevelopment area around the hospital housing, as well as the HPHA parcel. Behind
the DOH parcel, when Michael Moule found some old typographic maps from the 70s,
it looks like there is another one and a half(1.5) acres behind the DOH building. That
is another area that got dotted out on the Master Plan for consideration for any kind
of future expansion. The Kaua`i Police Activities League (KPAL) facility is left in
place right now. We are not sure if that will stay or go, but when talking with the
KPAL, there was support given that the wrestling facility that is there, so we left that
in place for now. I think the rest of what you see in the light beige are potential
pathways. Connecting the boardwalk that is existing there up the little ridge back up
to where KPAL and the main campus area creates opportunities for additional
walking paths. We have identified even potential areas for little pavilions and outdoor
exercise equipment to support kind of health and wellness in this community. With
that, maybe we can go to the next slide. I think that is all I had. Actually, maybe go
back, and I know Mr. Segawa wants to chime in, too.
Mr. Segawa: Can I?
Ms. Yuen: Go ahead.
Mr. Segawa The Master Plan vision that you see here
gives us kind of a view of maybe the next twenty (20) to twenty-five (25) years. The
intent is as we develop, we are going to develop towards this vision, so that we do not
end up with a hodgepodge campus. There are some things that we are already moving
forward on. For example, the inpatient facility that you see. That is something that is
already in front of the Legislature, in terms of Capital Improvement Project (CIP)
asks. The reason why we are going to move forward is because the current facility is
so antiquated and old. It allows us to do these things in increments so that it is still
part of the Master Plan, and that is why this was important. We are not going to be
able to do everything at one time. It is going to come in phases. We are in the process
of identifying what is important in Phase One (1), Phase Two (2), Phase Three (3).
Obviously, the money piece is going to be important, but this particular plan does
leave a lot of open space, you know. If you are familiar with the campus, you can see
the whole area by KPAL is going to be wide open. Whether or not it stays that way, in
some ways it is going to be for future generations to decide, and I think that was one
of the desires of the community. They said, "Hey, you know what? Give our future
generations a say." Because if you bake it in now, then what if that generation
decides to do something reasonable, and I think it is reasonable. Now, the mechanics
of this property works like this: All of this acreage is under the control of the HHSC.
COUNCIL MEETING 22 MARCH 8, 2023
This is ceded land, so we do have conversations with the Office of Hawaiian
Affairs (OHA) on it. Whenever we lease land for use, library, we are going to have to
have an agreement with the Hawai`i State Public Library System and it is going to be
actually authorized by the Kaua`i Regional Board of Directors. That is how all of this
is going to have to go through, and that is why my Board needs to understand the
vision. They are aware, but it is going to come up as we do individual leases, whether
it is with the County for the police substation, the State for the library, or private
developers. All of that is going to be legally hashed out through all these lease
agreements. Now, our KPAL lease is actually expired, but I think it was one dollar
($1) a year anyway, so I already told Chief Raybuck, let us not worry about it. We will
address it, but for the time being, there is plenty of time, so they can continue
operating that facility with their programs. If we decide that we need to start to look
at something different, there is ample opportunity, timewise, to notify KPAL. One
concept was to have KPAL right next to the police substation. I do not think in this
version it is possible, because it is too tight. It was the original version that the
substation was actually in the Hundley Heights area that we could do that. It is
evolving. All of this is evolving. Any questions for us?
Council Chair Rapozo: Is that the end of the presentation?
Ms. Yuen: Actually, I have something to add. Just to fill
in what Representative Nakamura had to share. She is looking forward to a good
partnership with the County in bringing this Master Plan to fruition. She mentioned
how she was able to get funding to help upgrade the water system. She is also to get
funding for that connector road from the Nunu Road extension down to the highway.
She is getting funding to look at doing the engineering for the loop road to serve all of
these uses and was hoping also to work with the County to reserve some sewer for the
Master Plan. We know there is some upgrades going on at the treatment plant now,
and we know there are other concerns that need to move forward, but she is looking
forward to working with the County on obtaining that sewer to support the
improvements up here. As mentioned, she is working with Mr. Roversi at the
Housing Agency on transitional housing up on the campus, so she would also like your
support as that potential moves forward. The improvements on Kawaihau Road, if we
could continue to work with the County on those, since that is a County road and the
connections will impact that. We are going to have a full blown traffic impact analysis
done for the EIS, and happy to keep working with the County on those improvements.
That loop road is a vision that is a County standard, but under a "complete streets"
kind of concept to support pedestrian and bicycling on it, as well as a transit. I think
those were the main requests that she would love to keep working with the County on
in bringing this plan to fruition. So I think that is the end of our presentation. I am
happy to answer questions.
Council Chair Rapozo: Mr. Segawa, did you have something else to
add?
Mr. Segawa: Just one more thing, yes. If you saw the
footprint of the current vision, what we are going to do at the hospital is, if we find
that we need to do an expansion for whatever reason, we want to stay within that
footprint. You can see there is so much being contemplated for all of the land, and I
did learn last week, and this was a really positive development, that in one of our
COUNCIL MEETING 23 MARCH 8, 2023
buildings, we possibly can go up one more floor. That was really big for us, because
that meant we could literally expand without going out, just go up one (1) story. That
is what we are going to actually do. We are going to focus on that kind of approach,
because we want to maintain our current footprint as much as possible, and not
expand out. I just wanted you to know that.
Council Chair Rapozo: What we are going to do is I want to take
some public testimony, because I know there are some people waiting. Then we will
come back because I would assume the public may have some questions that you can
answer. Councilmember Cowden.
Councilmember Cowden: I just have a question for him, and it might
influence the public testimony. First of all, great job. Thank you for all the public
outreach, thank you for being so comprehensive, and I am also appreciative how the
wastewater was mentioned. This is my question, because you and I spoke about it
and I brought it forward to Representative Nakamura's office, and I imagine that it is
in here, but this concept of the Restorative Care Village. Just for people who are new
to the Council, who might not know what that is, we have learned at the Hawai`i State
Association of Counties (HSAC) of these excellent examples. This is sort of like what
would be in the transitional housing areas, maybe. I was hoping we could get a
minimum for the three (3), more like seven (7) units that are those one-bedroom units
where people, who are without housing, have serious medical care. What this is, is so
when people get hurt or they get operated on, instead of being same-day surgery, they
can stay the four (4) or five (5) days that they need at any hospital, and then they can
go into the restorative unit for a month or two to get better. Otherwise, we are
turning them back out into the wild with very fresh wounds. Did you folks forget
about that, the Restorative Care Villages?
Mr. Segawa: We did not.
Councilmember Cowden: Okay. Where is it here because it is really
important to me.
Mr. Segawa: This is a lot within the hospital. There is a lot
of space where we can expand that we can contemplate. That is why I said the
second (2nd) floor expansion was real critical. We also are being asked to consider
stabilization beds from the Department of Health. There are a number of potential
uses that we can consider, I think, so that is something we are going to be looking at.
Councilmember Cowden: They might be in there for a month or two (2),
and so it does not seem like it would be in the hospital property.
Mr. Segawa: I understand. With the transitional housing,
because of its proximity to the hospital, we are looking at how we can support those
residents, whether it is food, whether it is counseling, so we can wrap-around some
services for those residents.
Councilmember Cowden: I will let you go back, because there are people
who just got cut.
COUNCIL MEETING 24 MARCH 8, 2023
Council Chair Rapozo: Thank you. Is there anyone on Zoom wishing
to testify? I know we have someone there, because she chimed in earlier. Did she
leave? Are there any registered speakers? Is there anyone in the audience wishing to
testify? Ms. Contrades Pangan, then Mr. Bruce Hart.
ROWENA CONTRADES PANGAN: Aloha, County Councilmember. I am very
supportive of this program that is, hopefully, going to be made for our local
community. I am the Executive Director at Ho`omana Thrift Shop in Wailua, and I
feed about one hundred (100) to one hundred thirty (130) houseless people on Fridays.
I am wholly supportive of this project that will be happening. I have a few of our
houseless people, one is a double-amputate and because of the struggles that he has in
the community has nowhere to go. His legs got infected. He was being seen by the
doctors and had nowhere to go. He went out into the community and he has now been
homeless for almost ten (10) years.' I also have another very dear friend who is also
battling cancer. They get into the medical field, go and have surgeries, and then they
have nowhere else to go, so they are right back out in the bushes. Literally, back out
in the bushes, so I take my nurses, my staff, we go out and we check on them. I would
totally support if we could have after the services that they would be rendered,
because they can only stay in the hospital for so long, then they get kicked out. If
Mahelona would have a residential area where they could at least heal, and not have
raw wounds out in the community. Literally, they are in dirt, sand, filth. I would
totally support these services.
Mr. Segawa: I just want to support what she just said,
because not long ago, we had a woman with her son who had just had surgery at
Wilcox Medical Center, and they were houseless. The only way she could get the
wound cared for was she came to the Emergency Room (ER), and we did it.
Otherwise, that could have festered and became infected. Is not an ideal situation at
all. That is not probably the best use of an ER, but she had no choice.
Ms. Contrades Pangan: I have sent them many a times, and I have
brought them many a times to Mahelona, as well as to Wilcox, to have their wounds
taken care of. I think emotionally, physically, and financially, it would be an awesome
idea if we could have this project.
Mr. Segawa: Yes, I agree.
Ms. Contrades Pangan: Thank you.
Council Chair Rapozo: Ms. Contrades Pangan. Really quick, and I
am just going to ask, because I know the answer. You live really close to this place,
right?
Ms. Contrades Pangan: I live one (1) minute away from this place.
Council Chair Rapozo: And you said you fully support the project?
Ms. Contrades Pangan: Yes, I do.
Council Chair Rapozo: Thank you. Mr. Bruce Hart.
COUNCIL MEETING 25 MARCH 8, 2023
BRUCE HART: Bruce Hart, for the record. I am tentatively
supportive. I have been hearing about his project for years, and I am aware of some of
the concerns. One of my concerns, among others, is the traffic impact. It was spoken
about as the presentation was made, but I think that anybody that lives here is aware
of what happens at certain times of the day at the juncture of Kawaihau Road. On the
other side is the Jehovah's Witness Hall, and you have a potential bottleneck. There
already is, so I am really concerned about the traffic that we generate. I have some
concerns that I think echo some that were presented in regards to the police
substation. I am not real familiar where it is currently, whether the community that
lives there are comfortable with the substation being a part of this project, and so
there is a lot I would have to look into. I am surprised that there are no others than
the one, Ms. Contrades Pangan, who is here that lives within that community. They
seem to be very concerned, but no one is here. I do not live in this area. I am pleased
that there will be a new Kapa'a Public Library. The Kapa'a Public Library that exists
has been trying to move for years and years, and I have been a part of that at different
times. Where it is located is aesthetically, the Kapa'a Public Library now, is very
pleasing. It is right there at the bike path, right there is the ocean, but it is a really
high maintenance situation, and lately there has been a lot of foot traffic that really is
not library-oriented. Again, tentatively, I am in support. Thank you.
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify. Ms. Cummings.
Ms. Cummings: Representing Malama Anahola, non-profit
organization beneficiary control Department of Hawaiian Home Lands. It is really
interesting that this project is being put forward for you folks for consideration. We
had a meeting with Representative Nakamura. Representative Nakamura, aloha. I
was disheartened that we could not talk about this. I did not know this was on your
folks' radar, but a lot of the projects we are undertaking with regards to the twenty-
two hundred (2,200) acres mauka property. Some of our ideas are "meshing' with you
folks, so I think there can an opportunity to come together to decide how we are going
to take on these projects. We have similar type of projects that you folks are
requesting as being put in your proposal. We are looking at kauhale for our kanaka
kupuna to have respite up on those twenty-two hundred (2,200) acres of property.
There is a lot of land for community use, so the position of Malama Anahola is we are
working with the Department of Hawaiian Home Lands to come up with the master
plan of what our vision is. I think we can be an asset to you folks regarding
partnership, because there is a lot of funding on the Federal level that is actually
statutory, which for us means that only kanaka, beneficiary of the trust, has access to
these moneys. That puts us in a real good place regarding opportunities to actually
build out these types of resources for different demographics that you folks want to
reach. I am encouraged. I just spoke to a gentleman who was part of the
presentation. We are going to hook up and then, hopefully, we can get together and
let us work regarding what our regional plan is up there and your folks' regional plan,
that you folks want to do. It is really interesting, you guys talk about the
amphitheater, because on one of our projects, we will come before Council one (1) fine
day to walk about the three priority projects the Department of Hawaiian Home
Lands Planning Department is actually pushing us forward. It is a historic time right
now with the Department and beneficiaries because they are allowing us to lead the
COUNCIL MEETING 26 MARCH 8, 2023
charge regarding what projects look like on the Department of Hawaiian Home Lands.
It is important that we understand on the County level, on the State level, that
beneficiaries of the trust has this express authority to do these types of projects, and it
would be beneficial to you folks because that is going to take costs way lower than
what you folks think that you folks have to come up with regarding spending. A lot of
your projects is all like ours, on the nineth (9th)...
Council Chair Rapozo: Was that three (3) minutes? Is there anyone
else wishing to testify? Sherri, you can continue.
Ms. Cummings: ...we have a meeting with Adam Roversi
regarding transitional housing that we are looking at. We are coming to Council
regarding support, because we are actually positioning ourselves to be part of a
solution regarding houseless communities. We feel that we should step us as a lahui,
and be responsible for houseless communities. We have been doing it under different
partnerships. We are taking the position of creating these types of programs, besides
creating shelters, so we are lifting up houselessness in a way that is real different
than just putting up infrastructure and saying, "Do what you got to do to transition
out." There is a holistic approach. We had a meeting with Mayor Kawakami. Mayor
Kawakami is supportive of our direction. He has asked us to do some things that we
have to consider. We will be having monthly meetings with Mayor Kawakami on his
request regarding the priority projects and benefits to, not only beneficiaries of the
trust, but to the citizens of Kaua`i, because we have to remember that we are actually
citizens of Kaua`i also. So where we overlap in regarding projects is the amphitheater,
because we are going to be doing something that is a proposal that we are going to be
doing also, the police station, because when I was a part of the aha with
Councilmember Kuali`i, I was a President, he was a Vice President at that time. We
did have a regional plan. Our regional plan did include not only police, but fire. That
is something that might be off your back, put into our community. We encourage that,
despite some testimony prior to with the question of if it is important. Of course it is
important, because we have the pilikia in our area. Why not put these types of
services right in there to prohibit these types of activities that is taking place
regarding houseless situations. We malama the houseless communities, we are
displacing them off of the shoreline, because we are cleaning up our shorelines, but we
are coming up with a plan to take these communities and bring them on our land to go
ahead and lift them up to be upstanding citizens. Just one (1) note, today, as I was
driving into town I actually witnessed, so I called 9-1-1, there was a homeless, I
believe, woman who had some type of compromise in her mental state that actually
took off her top, lied down on the road right when you make that left to go up
Mahelona. Traffic was impeded because of this individual, who obviously, had a
problem. She was just pounding her head, lying down, occupying one-half of the
highway and causing traffic, so there is a problem, we want to be part of the solution,
we are taking a stance in and acting in accord to what we feel is our responsibility to
help our kanaka people and other people in general. Mahalo.
Council Chair Rapozo: Thank you, Ms. Cummings. Is there anyone
else wishing to testify? Seeing none. The rules are still suspended. Mr. Segawa, if
you could come back up and we will open it up for questions from the
Councilmembers. Councilmember Cowden.
COUNCIL MEETING 27 MARCH 8, 2023
Councilmember Cowden: On the slide, where you see housing above the
beautiful view, where it says "open space," we see two (2) buildings and it says
"housing one hundred (100) units," with parking two (2) floors of housing. I remember
in at least of these discussions there was going to be market rate housing to be able to
help support the economy, these two (2) red buildings in the front. Those two (2)
buildings, are those market rate house or are those more affordable housing?
Mr. Segawa: Are you talking about the yellow buildings?
Councilmember Cowden: Yes, in front of the hospital.
Mr. Segawa: You know, we did not at this point designate
specifically whether it is market or affordable. It was more just allocating space to
housing, period. There is going to come a time when we are going to have to get pretty
deep into what makes sense.
Councilmember Cowden. I appreciate that. I appreciate that somebody
has to pay the bills, and we know that the hospital usually is at the trough every year,
and I say that respectfully, so if I remember the first time I heard it, that maybe this
was going to support the hospital.
Mr. Segawa: I will say this, that the original intent, and I
am sure if Representative Nakamura was here, she would attest to this. Original
intent of the vision was to create ways to monetize the property so that it could help
the hospital operations. As time went on, and as needs were identified, it became very
clear that there were so many civic needs, that that priority started to move down the
list. Now, the one potential project that could provide some income would be the
assisted living facility, and that is why, if you remember the first version, we had it on
the bluff. The reason we did that was to a developer, they would want their facility to
be at a very advantageous position to take advantage of the view and attract people.
The community spoke and said you need to preserve the view plains, and so we had to
make adjustments. To be quite honest, I do not know how a developer may react to a
location in the middle, and we are going to have to just deal with that as it comes up
to determine the feasibility, but I think there is opportunities and I am excited about
this partnership, because I think we might be able to leverage and achieve something
together where we get everything we need. If that makes sense.
Council Chair Rapozo: Councilmember Bulosan.
Councilmember Bulosan: Do you have a set date for the community
meeting in April?
Mr. Segawa: Ms. Yuen, did we say April would be maybe
the next meeting?
Ms. Yuen: I think we are looking at calendars, but yes,
sometime in April. We are trying to set that up as soon as possible.
Council Chair Rapozo: Councilmember Kuali`i.
COUNCIL MEETING 28 MARCH 8, 2023
Councilmember Kuali`i: I am not sure, but there is a lot of yellow. All
of this is housing, right? It is all intended to be affordable housing, is that correct?
Mr. Segawa: Definitely a percentage of it, but I do not think
we have actually laid out how it is going to be distributed. There is going to be an
affordable component.
Councilmember Kuali`i: I would hope that would be a large
component. More than half, you know. The talk specifically about a transitional
housing, was that just that back area where Easter Seals is now?
Mr. Segawa: At this time, yes.
Councilmember Kuali`i: It was said you would be working with our
Housing Agency Director, but I am curious as to what, to let the people know because
non-profits and what have you, my be able to step forward and join in the quest, if you
will. What kind of options are you considering? Are those buildings intended to be
two-story apartment-style buildings? Would they be smaller?
Mr. Segawa: What we saw in Lihu`e was that single level
facility. That was the initial thought with what we would go forward with. This
conversation is really early. We only started talking about this within the last couple
of weeks. Some of it had to do with the need was so great, and from Mr. Roversi's
point of view, sooner is better.
Councilmember Kuali`i: The basic thing I am asking is you are
approaching it as facilities and not single units? There is not enough land, maybe, for
Habitat for Humanity to come in and help build like ten (10) homes?
Mr. Segawa: Yes. That adjacent land off of Nunu Road,
Mr. Roversi thought maybe six (6) buildings or so. Not as much as we have in Lihu`e,
but around there, if you take the same type of structure.
Ms. Yuen: If I could add. I think Representative
Nakamura said that Mr. Roversi is actually looking at what could go there, so like
Mr. Segawa said, it is really early, but he is looking at what could go there.
Councilmember Kuali`i And with this plan, you are basically showing
facilities, I guess like apartment buildings, in order to maximize the potential for how
many units you could have?
Ms. Yuen: Yes, it is one (1) scenario. Even the footprints
that are shown are very preliminary. We do not have a topographic survey base, so
that might reveal even more or less plans. That is actually next, right, in line,
Mr. Segawa? We got a proposal to do the more detailed topographic survey, so that we
actually start moving forward with some of these near term projects.
Councilmember Kuali`i: Then that yellow U-shaped building in the
back corner. Above that is says, "potential expansion area one point five (1.5) acres."
Is that also usable land for additional housing?
COUNCIL MEETING 29 MARCH 8, 2023
Ms. Yuen: It could be, and that is where we did not know
that existed, because it is all overgrown. It came up on, I think it is the 1978,
topographic survey that Michael Moule found in his files, so that would be something
could be looked at as well. We just dashed in based on what we had so far. It is just
an estimate, yes, but it is also potentially something. There were structures in the
back, and there was the road that went down to the highway from there. If you follow
the driveway to that bubbled area, you can kind of see that go all the way down to the
highway, but that comes out of the inside of the curve, which Larry Dill did not like, so
he said to look for another place for that connection to be more on the straightaway on
the highway for safety reasons. That is part of what is being looked at, too, a different
route down, if it is possible, but because there was something there before, there was
that road, there is the thought that there is probably some area that could be
developed in the back, as well.
Mr. Segawa: I will echo what was said in public testimony
about concerns regarding traffic. I have concerns around traffic, as well. As this is
planned out, and on the housing side the number of units are identified, I think the
traffic study has to drive what is feasible. We need from Michael Motile and others a
really good assessment of what is going to be doable. From the hospital's perspective,
because we have ambulance access, we have employees, as well, I do not want a
constant bottleneck. It just would not make any sense. It is going to be a balancing
act and I think the infrastructure, road-wise, and all the things that come with traffic,
control would be critical.
Councilmember Kuali`i: Thank you so much. I do think it is great plan
and it has come a long way from when you started, and I can tell you have been
listening to the community and improving it, so I am very happy. Thank you, Council
Chair Rapozo.
Council Chair Rapozo: Councilmember Carvalho.
Councilmember Carvalho: I just have a clarifying question. On the
existing hospital, you mentioned doing that second floor.
Mr. Segawa: Right.
Councilmember Carvalho: Is there any other plan? I am just wanting
to hear the existing facility right now, are there any other enhancements there, on
the hospital part of it?
Mr. Segawa: Yes. In addition to the Psychiatric Unit
facility and the residential treatment, there is no expansion that is going to require
us to go out.
Councilmember Carvalho: Okay.
Mr. Segawa: That is why that second floor discovery was
big. Mr. Shiramizu, if you put your cursor on the building that is proposed as an
expansion of long-term care? That is the building that is completely concrete, and
COUNCIL MEETING 30 MARCH 8, 2023
that is where the architect said, "You know what? This possibly can handle another
story.
Councilmember Carvalho: Another story? Okay.
Mr Segawa: They are doing the analysis now, because
that would be ideal for us. We can grow, and it is a pretty large building, so we can
get a lot of space.
Councilmember Carvalho: For the access into this area, I noticed that
you had three (3) roundabouts you are including in the plan, which hopefully could
help support some of that?
Mr. Segawa: Could, exactly, yes.
Councilmember Carvalho: The last one for me would the housing part of
this. Any discussion as to the area adjacent to the school? Is there any talk about
teacher housing? There any big movement there to support our teachers.
Mr. Segawa: There is, yes.
Councilmember Carvalho: I know there is all kinds of housing, but is
there any discussion of it?
Mr. Segawa: Yes. In this housing kind of set-up, we are
talking about designating certain units to the school for teacher and others, and
certain units to the hospital.
Ms. Yuen: Just to add on to that, Councilmember
Carvalho. Representative Nakamura, and Mr. Segawa did a survey of their
hospital staff, and also the school staff, not just of the elementary and high school,
but the whole complex, so she had some rough numbers of how many people might
actually be interested in potentially living up here. All of that will also be in
concept in the Plan. I cannot remember the exact numbers, but Mr. Segawa, if you
can remember, but in total, this version of the Plan is showing roughly three
hundred and forty (340) units. Again all of that can be adjusted based on design,
right, and what actually comes out of the topographic survey and buildable areas,
but Mr. Segawa and Representative Nakamura did actually reach out to the staff
and did survey them.
Mr. Segawa: Based on staff interest, on the school side, it
was about fifty (50) employees interested, and of the hospital side, roughly
fifteen (15) would be interested in housing on campus. It was a pretty decent
number, actually.
Council Chair Rapozo: Councilmember Cowden.
Councilmember Cowden: I am happy to hear that, by the way. I have
a question with the roundabouts and just the design, and we are talking about this
being transit-oriented development. Is there a bus route that is going through this,
COUNCIL MEETING 31 MARCH 8, 2023
or would it just drop off at the very front of the entrance? If somebody was coming
home, is there a little bus piece that kind of rolls through it.
Mr. Segawa: Our request with the County has been we
want the bus route to continue going into the campus, yes.
Councilmember Cowden: I think that is valuable. I noticed that there
are garages in some of these. "Tuck under," it says, so I want to comment on the
garages. I think a barrier for some of our affordable housing units is there is no
place to put your stuff, if you have a lifestyle that is other than office. Are the
garages going be underneath or how is it? I guess I am asking too much detail,
because you will figure it out, right, because you are going to want some stuff where
people are first level?
Mr. Segawa: One concept was underneath.
Councilmember Cowden: But you will figure it out? These are just
some concepts? Okay.
Mr. Segawa: Just for clarity. The red buildings, I refer to
them as medical office buildings. That pretty much encompasses what we plan to
use.
Council Chair Rapozo: I know members of the public might be
watching and maybe did not get it early on, but this is a long-term vision. This is
not something that is going to happen in the next five (5) years. This is a
twenty-five (25), thirty (30) year vision, so things are obviously going to change.
Mr. Segawa: It will change.
Council Chair Rapozo: I counted, and this is my math, if I counted
right, six hundred sixteen (616) housing units. If I count up all the yellow units,
which is quite a bit. I know you said that the traffic study is going to drive what we
can and cannot do up there, but the roadway right now, even with that new
peanut-about, or whatever they call it, is creating an issue, because when the
schools get out and then there is a back up in the peanut-about. I cannot imagine
how any engineer did not see that coming. If you add six hundred sixteen (616),
and I do not want to sound like a "Negative Nancy," I am just being real, but if you
add six hundred and sixteen (616) units of housing, the State is going to have to
improve the roads. They are going to have to.
Ms. Yuen: Just to clarify, Council Chair Rapozo, there
is actually only about three hundred and forty (340). I am not sure if you are
including the beds we identified in the hospital.
Council Chair Rapozo: No, I am adding every yellow building on
your plans. When you say one hundred 100 units, go to the U-shaped building on
the middle of the sheet.
COUNCIL MEETING 32 MARCH 8, 2023
Ms. Yuen: For the two (2) buildings, that is one
hundred (100) in total.
Council Chair Rapozo: Oh, okay. So it is not a hundred (100) each?
Ms. Yuen: Yes. The yellows in total is about one
hundred fifty (150). So we are about three hundred forty (340).
Council Chair Rapozo: Okay, three hundred forty (340).
Mr. Segawa: I think it is still a big number, though.
Ms. Yuen: It is still a lot, and we will have the traffic
study.
Council Chair Rapozo: My point is, right now, as it sits today, that
road is at capacity. Again, the improvements that they were saying they were
making is really not improving the situation. I guess my only point is that for the
community that might be freaking out right now like, "Oh my God, they are going to
shut down the road again because they are going to build two (2) more
roundabouts," this is a long-term plan. This is a plan that is in infancy, and I
appreciate you folks going to the community so often. That usually does not
happen, especially with government projects, so thank you for that. I think just for
the public's concern, this is a living project that continues to evolve.
Mr. Segawa: We do need to attract somehow the younger
generation to our meetings. A lot of the participants are older. In fact, I was
having this one (1) conversation about the plan, and he goes, "You know, I am not
going to be around," because I said twenty (20), twenty-five (25) years. We do need
to get the younger community interested, because really it is going to impact them
big time, and we need their voices.
Council Chair Rapozo: Are there any other questions? Go ahead,
Councilmember Kuali`i.
Councilmember Kuali`i: You might have mentioned it, but that area
near the bluff between the HPHA housing and the pavilion, it says "future potential
redevelopment area, five (5) acres." What does that mean? If HPHA housing gets
redone it could spill over to more land?
Mr. Segawa: Yes, early on we did ask HPHA, "Hey, would
you be open to relocation," and obviously it is, "Well, where are we going to go?" We
posed the question only because they are in such a prime location, and so if we could
find another location for that housing development, then it just opens everything up
more so. At least it is a dialogue that is open.
Councilmember Kuali`i: Then you know the amphitheater here, is
that meant to be big enough to hold large community events?
COUNCIL MEETING 33 MARCH 8, 2023
Ms. Yuen: No, it is really small. It is actually really
small.
Councilmember Kuali`i: It is an on-campus kind of thing?
Ms. Yuen: Yes.
Mr. Segawa: The elementary school Principal really
wanted us to consider if you are going to do one, do it to handle eight hundred (800)
people, because that is how many people attend May Day.
Councilmember Kuali`i: A hundred (100), you said?
Mr. Segawa: Eight hundred (800).
Councilmember Kuali`i: Eight hundred (800).
Council Chair Rapozo: That is not small.
Mr. Segawa: That is big. It is definitely something where
you have space, but how do you do it, right? Again, it is conversations.
Councilmember Kuali`i: I think, too, then it becomes important that
that big open space in the middle could also be overflow parking because that one
seems more gradual. The one where the amphitheater is is very steep, right,
because the lines are close.
Mr. Segawa: It is steep.
Councilmember Kuali`i: The last thing. Speaking about that grading
level change. You show in the Plan a connection to the path and it looks like it is at
the edge of the campus, so that is still at the top of the bluff, right?
Mr. Segawa: Right, it is still at the top.
Councilmember, Kuali`i How do you actually connect and get down?
When the military came in and did that other section, it winded a lot because it had
to go up so high and it had to be at a level, right?
Ms. Yuen: This is not meant to be Americans with
Disabilities Act (ADA) accessible. It is actually not very steep, it is a little steep
right at the bottom, but not very difficult. It is just a little hiking path just to
connect up. It is not meant to be ADA accessible.
Councilmember Kuali`i: So, the other path is ADA accessible, this one
would not be?
Ms. Yuen: Yes, exactly.
Councilmember Kuali`i: I know it could not be with how steep it is.
COUNCIL MEETING 34 MARCH 8, 2023
Ms. Yuen: I do not even know if that other one is fully
ADA compliant, but it is definitely more gradual, the existing one. This one is not
too bad, and its got wonderful views out at the ocean, too.
Councilmember Kuali`i: Thank you. Thank you so much.
Council Chair Rapozo: Are there any other questions? If not, thank
you Mr. Segawa. We got you out by 11:15 a.m. I will call the meeting back to order.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Council Chair Rapozo: Is there any further discussion?
Councilmember Cowden.
Councilmember Cowden: I am really excited that there is really
beautiful intention to address so many needs, and because we have Malama
Anahola in here. I see that is so much need. That collaboration and cooperation is
great and things can happen collaboratively and side-by-side if there is some
development. I want to speak about the East Kaua`i Community Development Plan
that is coming up. That would have a lot of capacity to look at our roads and how
we would be able to accommodate these different elements. I just want to make the
comment that I worked with many community members that were very unhappy
with the police department being up the hill, and I think this is sort of perfect
where they have moved it. It is between people, who sometimes have behavioral
problems, right? It is right between the behavioral health inpatient place is, and if
people are nervous of those without housing, and I think there is a rehabilitation
substance use challenge. The police are right in the center of all of that, so that is
going to be helpful, you know? I do not think it is going to be hurtful. I am
appreciative of the work they have done and I am glad they came in to show it to us
and it looks like different community members can benefit from the awareness have
gotten that.
Council Chair Rapozo: Thank you. Does anyone else have anything
further to discuss? Councilmember Kagawa.
Councilmember Kagawa: I just want to thank the consultants and Mr.
Segawa, and Representative Nakamura for her work on expanding. I taught at
Kapa`a High School for eighteen (18) years, and I am very familiar with the area
there. If you look at Kaua`i Veterans Memorial Hospital (KVMH) in Waimea, it
looks brand new compared what Mahelona looks like, and KVMH really was redone
a long time ago. Even that probably needs to be upgraded with the growing
communities. I like the expansion plan. I like the plan looking way forward,
twenty-five (25) years or more. When I hear traffic concerns, to some degree I think
in a perfect world if we were housing people that are from Kapa`a, already live in
Kapa`a, then we are not adding to traffic. Now if we are attracting housing for
people that are transplanting to Kauai, then we are adding traffic. It is very hard,
and Mr. Roversi knows, it is hard to discriminate when we say "Affordable
Housing." A lot of times we are going to have new residents that are ones that are
COUNCIL MEETING 35 MARCH 8, 2023
purchasing, and under the United States of America. We can have kama'aina rates
for golf courses, but when it comes to things like housing, it is very hard to say what
is kama'aina and what is not. You can live here a year, and you are kama'aina,
right? In a perfect world, if we can get Kaua`i residents to live there and purchase
those affordable housing units, then, to me, we are not really adding to traffic. They
already live here, and it would be great if we could get more young Kaua`i residents
into housing. I am all for it, because, certainly, we need more inventory, and that is
going to be the cure. Other than that, again, thank you for having the work done
and moving forward, because Mahelona is really outdated and we can use that land
to do other things as well, and expanding services is exactly what we need.
Council Chair Rapozo: Thank you. Councilmember Carvalho.
Councilmember Carvalho: Just wanted to mahalo the team. I have
been to several meetings, as well, but for today's discussion, I know, whether it be
short-term, middle-term, or long-term, you have a plan in place. All I know is I live
right on Mailehuna Road, so during the construction period there is a lot of stuff
happening and a lot of people have to divert traffic here and there. The
peanut-about is happening right there as we speak, and then now with this project
happening right down the road, so everything is happening in pretty much this
area. I really appreciate the Plan and the direction and the vision, and then the
connection from all the different parts of this discussion, but the big picture is, as
we move forward, and I know it is twenty-five (25) years, but as we move forward
step by step just take into consideration the process it takes. That it is going to
affect the people living there as you speak. It is a normal process, but in this
discussion, I think you hit it with all the different options for this particular area. A
beautiful view in addition to all of this discussion, but the hospital is number one (1)
and from that it leads to all these other options, which could be in partnership and
working together with Mahelona, everybody. I am very supportive and continue to
move forward with this particular project and I look forward to more compositions.
Mahalo.
Council Chair Rapozo: Councilmember Kuali`i.
Councilmember Kuali`i: I, too, want to say mahalo nui loa, to the
entire team and everyone involved. The Plan has come a long way and it has
improved every time you have given us updates, so special thank you to
Mr. Segawa, Ms. Yuen, and Mr. Shiramizu, and Representative Nakamura, my own
Representative and a former planner. Obviously, she is a planner. You can tell by
everything she touches, and a former Councilmember, as well, and who lives right
there in the neighborhood, for many, many years right across the street, basically. I
am really most excited about all the housing, and then about the open space, and
then the improved services. Mahelona, itself, as a hospital will improve. Then
bringing in those commercial medical services, and making improvements for
Easter Seals and other non-profits. When Mr. Segawa talked about the goal having
been to meet many civic needs, very clearly there is no better plan, probably in the
State of Hawai`i, than this Master Plan as far as meeting many civic needs and just
the library and the police station. I am super excited, and super supportive, and
keep us updated and let us know how we can keep supporting you along the way. I
will thank our Housing Agency, Housing Director right up front, because I know he
COUNCIL MEETING 36 MARCH 8, 2023
will be busy helping with that piece, and so we will be helping him as well. Thank
you.
Council Chair Rapozo: Councilmember Bulosan, did you have
something?
Councilmember Bulosan: Yes, I just wanted to echo all of our
Councilmembers of what they have shared so far, and appreciate the hard work this
team has put together. Knowing that the process started five (5) years, but really it
is much longer, the vision of it, the community wanting things different for our
space so we can better care for our local people, and make sure that we have access
to care, and things are centralized so that we do not have to drive to Lihu`e all the
time. I just really appreciate the attention to detail, but more importantly, the
stay-put power you folks continue to have, because this is, you know, like we are
talking about twenty-five (25) years and obviously our community is asking for
quicker action on a lot of things, like housing, but I know you folks have that
skillset and that care to make sure we see this project through. I am super excited
and I am as supportive as everyone else has shared.
Council Chair Rapozo: Thank you. For those of you watching,
www.PlanMahelona.com is the website. Please go there and check it out. We thank
Ms. Yuen, PBR Hawai`i & Associates, Inc, Representative Nakamura, Mr. Segawa,
and everybody else. This is an amazing plan. This is a great Plan, but if you look
at, and I do not care what color building you look at, but everything in this Plan is
something that is needed on this island. Sorely needed. What baffles me is how our
Legislature can drop four hundred million dollars ($400,000,000) on a new football
stadium, and yet, when you are looking at the need on this Plan, and you folks have
gone through years and years and years and years going through the hoops for
services that we sorely need on this island, but for a stadium, boom, done, four
hundred million dollars ($400,000,000) and that is going to get increased, boom,
they do not need a plan. No, we are going to build a stadium. It might be with
housing and an entertainment district, or maybe not. Now it is, "Oh, we are just
going to contract it out. We are going to hire somebody to plan and design," but we
are giving them four hundred million dollars ($400,000,000) off the top. Yet, here,
we have to beg, borrow, and steal, and do all of these things for services that we
sorely need. I think that is the frustration, because you folks are working so hard,
the community has been participating. Again, kudos to you folks at PBR Hawai`i &
Associates, Inc, and with Representative Nakamura, and with everyone else that is
allowing the community to participate, and I mean, really, genuinely, sincerely
wanting the community to participate, and again, that does not always happen.
Thank you so much, and I know Representative Nakamura had to leave, but if I
was at the Legislature now, I would be asking, "Where is my four hundred million
dollars ($400,000,000) to improve Mahelona? Where is my four hundred million
dollars ($400,000,000) to improve Kona and all the other State hospitals. That
place it still smells. Mahelona, as best as they disinfect, it still smells like an old
hospital. Somebody said, "It's antiquated." I think somebody maybe was a little
more politically correct, but it is disgusting and it needs to be fixed. My point is
that you guys are doing your share for these surplus moneys. I guess that is my
point, and thank you for working for us here on Kaua`i. Thank you.
COUNCIL MEETING 37 MARCH 8, 2023
Ms. Yuen: No, mahalo nui. You know Representative
Nakamura is going after it, so we will see what she can do.
Council Chair Rapozo: There is no bigger football fan in this room.
Well, maybe Councilmember Carvalho, but when I get old, and sick, and hurt, I
cannot go to the stadium. I need to go to a hospital. With that, the motion is to
receive.
The motion to receive C 2023-56 for the record was then put, and carried by a
vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: Next item, please.
C 2023-57 Communication (02/15/2023) from the Director of Finance,
requesting Council approval to accept the terms contained in the U.S. Bank Trust
Company's Calculation Agency Agreement, which will be taking over all
responsibilities previously held by Bank of New York Mellon (BNYM) as it relates to
the County's general obligation and community facilities district bond holdings.
Councilmember Kuali`i moved to approve C 2023-57 for the record, seconded
by Councilmember Cowden.
Council Chair Rapozo: Is there any discussion? Are there any
questions for the Administration? Okay, I will suspend the rules.
There being no objections, the rules were suspended.
REIKO MATSUYAMA, Director of Finance: Reiko Matsuyama, Director of
Finance.
Council Chair Rapozo: Thank you.
Councilmember Cowden: Thank you Ms. Matsuyama for always being
diligent, and we did pre-discuss this, but if you want to just, for the record, give the
reasons for why we are making this change or what you would like to say, because I
think it is important for the public to know where we are being responsible.
Ms. Matsuyama: Yes, so, Bank of New York Mellon has been
our trustee, calculating agent, dissemination agent, all those things for our general
obligation bonds and our Community Facilities District (CFD) holdings. They have
been the vendor for a number of years. Basically, since inception. We have recently
had issues with basically customer service, on their front, and so it is time that we
switch and make a move that we can be more reliant on, as we move forward with
more bond issuances and holdings.
Councilmember Cowden U.S. Bank Trust Company, you looked into
how they work. Where are they located?
Ms. Matsuyama: In San Francisco. We did solicit. We got
four (4) bids. We interviewed each and every one of them. We got to kind of know the
COUNCIL MEETING 38 MARCH 8, 2023
people that we will be personally working with, so we feel confident that this is a good
move.
Councilmember Cowden: Okay. Thank you.
Council Chair Rapozo: Are there any other questions? If not, thank
you, Ms. Matsuyama. Is there anyone in the audience or on Zoom wishing to testify?
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Council Chair Rapozo: Is there any further discussion? Seeing none.
The motion to approve C 2023-57 was then put, and carried by a vote of 6:0:1
(Councilmember DeCosta was excused).
Council Chair Rapozo: Next item, please
C 2023-58 Communication (02/17/2023) from the Housing Director,
requesting Council approval to receive and expend Federal Emergency Solutions
Grant (ESG) funds, in the estimated amount of up to a maximum of approximately
$460,000.00, which may be used to provide street outreach, emergency shelter,
homeless prevention, rapid rehousing assistance, and data collection via the Homeless
Management Information System (HMIS).
Councilmember Kuali`i moved to approve C 2023-58, seconded by
Councilmember Cowden.
Council Chair Rapozo: Thank you. With that, I will suspend the
rules.
There being no objections, the rules were suspended.
Council Chair Rapozo: Mr. Roversi.
ADAM P. ROVERSI, Housing Director Good morning, Council Chair
Rapozo and Councilmembers. Adam Roversi, I am the Director of the County
Housing Agency. A quick overview of the ESG program. ESG used to stand for
Emergency Shelter Grants. It is a program administered by the U.S. Department of
Housing and Urban Development (HUD). It recently was rebranded the Emergency
Solutions Grant funds. Historically, these federal grants were given to the State of
Hawai`i. The State of Hawai`i then administered a statewide application program
for non-profit entities and local governments. Local governments and non-profits
would apply directly to the State to receive these funds. The upcoming fiscal year,
the State has announced that they are no longer going to accept these federal funds,
which means that either Hawai`i will not get them or counties can step up to receive
the funds, instead of the State. This request is to ask permission to at least
COUNCIL MEETING 39 MARCH 8, 2023
investigate the program further, and receive the funds, if they become available to
us. The four hundred and sixty thousand dollars ($460,000) that is noted in the
Communication, is excluding the City and County of Honolulu. That is the total
amount of funding that is available for Hawai`i County, Maui County, and Kaua`i
County. It will be split evenly, not based on population, dependent on which
counties step up to receive the funds. At least preliminarily, Maui has indicated
that they do not intend to participate in the first year. Hawai`i County has
indicated that they will participate, so extensively we would be splitting the four
hundred six thousand dollars ($460,000) fifty-fifty (50/50) with Hawai`i County.
There is a lot of program details that we do not know yet, so there may be some
questions that I cannot answer. I can offer broadly that the federal guidelines treat
the State slightly differently than they treat local governments for the use of these
funds. The State is not allowed to use any of the money itself. It has to disburse all
the money to non-profit groups. When they talked about local governments, there is
an opportunity for the local governments to directly use the funds. It is unclear,
however, if we step into the shoes of the State as the primary recipient, if that is
still going to be an option. We have asked that question to the regional office, and
they have to confer with Washington D.C. to see how the guidelines will be
interpreted. Our preference, without knowing more, is that we would receive these
funds and we would primarily distribute them to local, Kaua`i-based, non-profits
based on an application process. We would not retain the funds for the Housing
Agency directly administered programs. That is a benefit on one hand, in that in
this past year, for example, no Kaua`i non-profits received any funding from the
State in this application process, so at the very least, by bringing the administration
onto Kaua`i, directing our applications only to Kaua`i-based non-profits will ensure
that some Kaua`i entities will receive these funds. A couple of things to make you
aware of, and we will know more about these details as well, when the State was
the administering entity, the State was required to put up matching funds in order
to receive the moneys. We have the question, whether us, a local municipality, will
be required to do the exact same match. Preliminarily, HUD has indicated
probably, "Yes," but they are going to, again, get back to us on exactly that. So, if
we were to receive two hundred thirty thousand dollars ($230,000) in federal
monies, prior to actually getting it and being able to distribute it, the County would
have to "pony up" an equal amount of two hundred thirty thousand dollars
($230,000). There is also a matching requirement for the recipients themselves, so
if a non-profit applies for the moneys, my understanding is they need to have
matching funds of some nature in order to receive the grant. That can be donations,
it can be volunteer hours, it does not have to be simply cash, but they will have to
have other resources demonstrating on some level feasibility of the program before
they be allowed to accept these funds. That might be about the end of my notes, but
to the extent that I can, I am happy answer any questions.
Council Chair Rapozo: Let us just assume that they are going to
consider the counties, the local governments, as the State, and according to the
grant you need to spend the money within sixty (60) days. I am just saying, if they
COUNCIL MEETING 40 MARCH 8, 2023
look at us, and I believe they will, as if we were the State receiving the funds. If the
State grants the funds out, then the counties would get double the time, one
hundred twenty (120) days. If they treat us as if we were the State who got these
funds, then it is sixty (60) days, and then the match as well, as you mentioned, can
we effectively get these funds out, if you are talking about an application process, if
you are talking about a screening process? Would we be able to logistically get that
two hundred thousand dollars ($200,000) or three hundred thousand dollars
($300,000) out into local non-profits within sixty (60) days?
Mr. Roversi: We would most definitely need to start an
application process well in advance of receiving the money, so we had done a lot of
the groundwork prior to getting the check in the mail, having the funds deposited,
and having the clock start ticking. That would be difficult to do in a sixty (60) day
period. One of the requirements of this process is that the federal regulations
requires us to consult with the local continuum of care for their advice with how the
funds should be distributed amongst the applicants, so it adds an extra step in the
process of reviewing applications, vetting them, making decisions on the release on
the funds, we have to do that sort of public consultation process, which will make it
take a little bit longer.
Council Chair Rapozo: Yes, I guess that is my concern. Again, I
think these funds cut into the government, and the government puts out the
services or the plans, and it does not take as long as going through an application
process. I just, for me, am wanting to know if you can do it in sixty (60) days, and
how would we come up with the match. Is it in the budget or are we going to be
using soft money or in-kind?
Mr. Roversi: Preliminarily, in the current budget, the is
not matching funds. This is sort of in rush to our attention by the Department of
Human Services in the last couple of weeks. We have not set up matching funds,
yet. We are still trying to work the details of how we would go about administering
this.
Council Chair Rapozo: What is the deadline to apply?
Mr. Roversi: I do not have any of that information. The
State only informally informed the federal government that they would not receive
the funds this year, so we are scrambling to set ourselves up as a potential
recipient. The Council's approval today does not obligate us to enter into this
program if we run into roadblocks that make it infeasible, but it at least creates the
possibility for us to continue pushing forward and attempting to organize.
Obviously, we would be coming to Council for approval of any matching funds.
Council Chair Rapozo: I guess, for me, we kind of want to know
everything that it entails before we just say, "Aye." We want to know the entirety of
COUNCIL MEETING 41 MARCH 8, 2023
what we are doing, and that is all. I understand how these things get rushed
through. Any other questions? Go ahead, Councilmember Cowden.
Councilmember Cowden: Clarification on that. So when I am looking
at this at the top of page 2, where you say it has to be sixty (60) days after the date,
the obligation, that is not the spending, it is deciding which non-profits would be
getting it, or when that is for the State, it would be which County. Then I see it
says, "Subrecipients, local government subrecipients must obligate all ESG funds
within one hundred twenty (120) days after the State obligates its funds," so
hopefully we can somehow have that one hundred twenty (120) days, because...
Council Chair Rapozo: That is why I said "assuming" that the feds
say that we are...because there is no State in this case.
Councilmember Cowden: Right.
Council Chair Rapozo: So, my read of this is we are not going to be
the subrecipient, we are going to be the recipient of the money.
Mr. Roversi: That could be.
Council Chair Rapozo: Because it is not going through the State,
right? If it is going through the State, then the subrecipient would be the County.
If no more State, guess who is the recipient? The County. I am just saying worst
case scenario. Like you said, regarding the matching, you were told that more than
likely we would have to provide the matching, because...and yet, if we were a
subrecipient, we would not have to. I think they were already looking at us as the
recipient, that is the only reason I asked that question.
Mr. Roversi: We have asked HUD for clarification, but we
have not gotten an answer.
Council Chair Rapozo: Yes, it is going to take a while.
Councilmember Cowden: Just for the sake for people listening in the
room, once an ESG recipient, who would be the nonprofit gets it, they would have to
spend all the money within twenty-four (24) months.
Mr. Roversi: Correct.
Councilmember Cowden: Tell me just for clarity about the continuum
of care requirement. The continuum of care, does the recipient have to be a
continuum of care or it looks like the continuum of care simply has to have analyzed
it, so we do not have duplication of services rather than (Inaudible) of services. Do I
understand that correctly?
COUNCIL MEETING 42 MARCH 8, 2023
Mr. Roversi: I believe you are correct. We have to
consult with the continuum of care. The continuum of care is federally recognized
group of nonprofits that are subgroup or a local branch of what is called bridging
the gap, which is the federally recognized group of nonprofits in Hawai`i County,
Maui County, and Kaua`i County. It is a federally imposed requirement that we
have this (Inaudible) of nonprofits that provide guidance on the Administration of
multiple federal programs, not just the ESG program. I am being a little
longwinded, but it is my understanding that the actual recipients do not need to be
a formal member of the continuum of care, but they do have to participate in the
federally mandated HMIS system, which is Homeless Management Information
System. They have to participate in that electronic database system and justify the
service...the use of the funds they are receiving by entering the data on the
beneficiaries who they are serving into that HMIS system. That is just another
layer of regulatory hoops that the nonprofit users of these funds have to jump
through. They would have to engage in this federal database system.
Councilmember Cowden: Just for clarity, our continuum of care,
we have one (1) provider and that is Hawai`i Family Life Center?
Mr. Roversi: No, there is multiple...
Councilmember Cowden: On Kaua`i?
Mr. Roversi: Yes, there is multiple entities within
the continuum of care. Some of the members are Family Life Center, Catholic
Charities, Women In Need participates, there is several others. Ashton Varner, our
Homeless Coordinator is the Vice Chair of the Continuum of Care, she can tell you
all much more about it in detail, but there are multiple entities.
Councilmember Cowden: Given that we have three (3)
nonprofits here, I am just trying to be clear, even if they were not one of those
nonprofits, that nonprofit could help the final nonprofit utilize the money if they
needed to.
Mr. Roversi: That is my understanding.
Councilmember Cowden: This was a confusion I had when I
first saw it. I was hopeful that this was tied to this safe zone emergency
proclamation, but this is not part of what the Governor put out for being able to do
rapid assistance to our providers that help homeless people that are unsheltered
right now.
Mr. Roversi: Yes, this federal program has no direct
connection to the Governor's emergency proclamation.
COUNCIL MEETING 43 MARCH 8, 2023
Councilmember Cowden: Okay.
Councilmember Carvalho: You mentioned Kaua`i and Hawaii
County working together on this?
Mr. Roversi: No, Hawai`i County is the only other
county that has indicated so far that they are willing to participate in this program
and receive the funds. Maui County has said that they may elect to participate in
future years, but they do not intend to in the upcoming fiscal year.
Councilmember Carvalho: Okay. Thank you.
Council Chair Rapozo: Councilmember Kagawa.
Councilmember Kagawa: This grant has been going on since
2009?
Mr. Roversi: Correct. That is when the federal act
was created.
Councilmember Kagawa: So the State basically did this for
fourteen (14) years, not DHS?
Mr. Roversi: I believe so, yes.
Councilmember Kagawa: Recently, they told you that they were
not, and so you could apply if you wanted to.
Mr. Roversi: Yes.
Councilmember Kagawa: Was there a reason why DHS no
longer wants to do it? Is it because of staffing problems?
Mr. Roversi: My understanding broadly is that it is
viewed as an administrative burden that is not worth the effort in the expense.
Councilmember Kagawa: Yes, because I know they have a
homeless coordinator as well, right?
Mr. Roversi: The Governor's office has a homeless
coordinator.
Councilmember Kagawa: I find it troubling that they do not
want to do it and the reason was that it is not worth their time.
COUNCIL MEETING 44 MARCH 8, 2023
Council Chair Rapozo: Are there further questions for Adam?
If not, thank you. Is there anyone in the audience wishing to testify? Do we have
registered speakers?
Ms. Fountain-Tanigawa: Chair, we have three (3) registered
speakers. Kenna Stormogipson, followed by Rowena Contrades Pangan.
Council Chair Rapozo: Mr. Gibson?
Councilmember Cowden: She stepped out for a minute.
Council Chair Rapozo: Or Ms. Gibson?
Councilmember Cowden: She is from Hawai`i Appleseed.
Council Chair Rapozo: Okay. Rowena.
Ms. Contrades Pangan: Aloha, my name is Rowena Contrades
Pangan. I am the Executive Director of Ho`omana Thrift Shop in the Wailua area on
Kaua`i. I am very supportive of these funds that are needed. First of all, outreach
support, as far as I know, there are two (2) people on the island of Kaua`i. How do
we reach our houseless people? Emergency shelter—where are they? There is not
enough. I have one hundred (100) people that come to me on a weekly basis.
Availability? Where is the availability for housing? Our data collector...I am the
facilitator with Appleseed on Kaua`i. We went into a briefing two (2) weeks ago.
They said for the island of Kaua`i, we have four hundred forty-four (444) houseless
people. How is that? I service two hundred twenty-five (225) people, so if you come
twice, you are still counted as one (1). I did an OHA grant, and every time someone
comes, you cannot count them as two (2). I have some of them come every single
week. These numbers here that are given is false. I was asked to go out into the
community and when they were doing the counts, they wanted me to volunteer. I
will no longer volunteer. I know where all the houseless camps are. Why? They
trust me. They wanted me to volunteer, but they paid everyone else forty-five
dollars ($45) per hour, but they would not pay Auntie Ro, so I said no. That was the
first time I refused to volunteer. The reason I know the numbers are false, is
because I touch each and every one of these people. I have people coming from
Kekaha because they are hungry. I have my gap association program. We go out
into the community, we get whatever funds we can, and we get food. I have people
coming as far as Kekaha, shame on us Kaua`i. I have people coming from Ha`ena.
What is up with that? I am centralized on the island of Kaua`i. The reason people
trust me is because I touch them. I am not afraid to touch our people. We need to
rise above this. We need the moneys. I asked houseless people to come. Do you
know why they do not want to come, because they do not want to be ashamed
because they are our people. They are my family. I am a Contrades. They are
afraid. Please support this funding. Thank you.
COUNCIL MEETING 45 MARCH 8, 2023
Council Chair Rapozo: Thank you, Ro. Next speaker?
Ms. Fountain-Tanigawa: The next speaker is Ervin Contrades,
Jr., followed by Kenna.
ERVIN A. CONTRADES, JR.: Good morning, Councilmembers. My
name is Ervin A. Contrades, Jr. My story begins back in January 25, 2019 where
we lost our home due to foreclosure. From there, we were forced to move out and we
did locate a place over in Wailua, called the Courtyards at Waipouli. At the time, I
believe it was operated by the County and it was at an affordable rental facility. At
the time when we committed, we received a callback saying it was no longer going
to be affordable. We applied for a three-bedroom, we were approved for a three-
bedroom, and the rent was one thousand eight hundred dollars ($1,800) per month,
which was the affordable price. By the time we signed the lease, the rent went up to
two thousand five hundred sixty-five dollars ($2,565). We were forced to take it. We
could afford it at the time. There were three (3) of us: my father, my hanai brother,
and myself. We made do. We were able to pay the rent. We have been there now
three (3) years, as of February 15th only to face another rent increase. We are now
pushing two thousand eight hundred dollars ($2,800), over three thousand dollars
($3,000) with utilities. On January 20th of this year, we were served a fifteen-day
eviction notice. We have not been able to pay the rent. We have not stopped paying
the rent. We have been paying what we been able to come up with. My dad passed
away in 2021, so we lost his income, so there is just two (2) of us, my hanai brother
and myself. He is disabled, he is one hundred percent (100%) blind in one eye, he is
fifty percent (50%) blind in the other. He also has severe mobility problems, so I
became his caregiver. I am being compensated by...
Council Chair Rapozo: Hang on real quick, Mr. Contrades.
Was there anyone else here wanting to testify? Okay, you can continue.
Mr. Contrades: I care give for him, it is minimum
wage, they allow me nine (9) hours per week, although I put in a lot more hours
than that. As I said, we were given a fifteen-day eviction notice, we were asked to go
to mediation with Kaua`i Economic Opportunity (KEO), we did that, but did not
come up with a solution other than it was figured that we probably could not afford
more than one thousand eight hundred dollars ($1,800) per month. From there, we
continued searching for homes. We applied with all the agencies, we have applied
with HUD, but everything goes on a waitlist, so that is where we stand right now.
Last week we were served once again and we are to appear in court on March 20th
facing final eviction paying the delinquent rent. As of February 28th, we owe nine
thousand five hundred forty dollars ($9,540). This is why I am in favor of the
emergency solution here. Again, we will continue...we do not know where we going
to end up. We are very hopeful that we will find something one day soon. Thank
you.
COUNCIL MEETING 46 MARCH 8, 2023
Council Chair Rapozo: Thank you very much. Is there
anyone else wishing to testify?
Ms. Fountain-Tanigawa: Chair, we just had that last registered
speaker, Kenna Stormogipson.
Ms. Cummings: Sherri Cummings, Malama Anahola.
I never knew that was Ervin. I worked with him before. Malama Anahola exists
because of situations like this. The aha exist because of situations like this, the
`aina alliance exist because of situations like this. First and foremost, we are in
support of this funding source. I think we can get around to this sixty-day thing,
because as Council Vice Chair Kuali`i knows and I know under the Department of
Hawaiian Homeland beneficiaries have a direct link regarding federal government,
so that might be a way that we can be creative to see how we can bring these funds
to Kaua`i as beneficiaries of the trust. Again, that is something to discuss with
Adam and the Administration side to be creative about how to bring down these
funds as a Department of Interior oversight on trust lands. We will be going before
the Commission to come up with this safe zone program that is addressing
houseless communities. We realize that there is approximately, maybe sixty percent
(60%) to seventy-five percent (75%) of native population that is impacted through
this houseless situation. My brother folks have four hundred (400) acres of land,
they are working with Jeremy Makepa. They are part of a nonprofit group
beneficiary control that is taking care of the Anahola lands doing shoreline
mitigation and stewardship until the Department comes up with this conceptual
idea of what those lower lands look like. We are going after thirty-eight (38) acres
of land right adjacent to the solar farm for specific reasons and the site of where we
envision the houseless communities to be placed in, again, we are campaigning in
our product because we feel that we come with a significant plan regarding how we
are taking care of our houseless communities and our Hawaiian and our native
Hawaiian people. We are not discriminatory. We know there are multi-ethnicity
that lay within the Anahola, northeast corridor. We are hoping to expand our
services out to the south and the west, but one thing at a time. We are planting our
feet in the ground and solidifying ourselves as a nonprofit beneficiary controlled
organization that has a little bit more opportunities to receive funding. I look
forward to the support of this program and hope that between the aha and Malama
Anahola, there can be some support for Ervin and people like him in the community
who are being displaced because of economic hardships. Mahalo.
Council Chair Rapozo: Thank you. Is there anyone else?
Seeing none, I will call the meeting back to order. Oh, I am sorry. We have a
testifier on Zoom.
KAMEALOHA HANOHANO SMITH (via remote technology): Aloha. My
name is Kamealoha Hanohano Pa-Smith. I am an Anahola resident. I do not live on
COUNCIL MEETING 47 MARCH 8, 2023
Hawaiian Home Lands, but I am from Anahola and I was raised in the Anahola
homestead. Today I am here in my capacity as a community organizer to provide
support regarding the ESG for the homeless. I do work for the Hanalei River
Heritage Foundation. We do culture-based environmental stewardship and a large
number of people that we work with are homeless. I say the word culture-based
because a lot of the work that we do is (Inaudible) in Hawaiian culture. Some of the
work that we do is we work with mahi'ai farmers, lawai a fishermen, aloha 'aina
resource management practitioners, and then some in la au laps au or native
medicine. I also serve as the Board's secretary for Malama Anahola. I am in
support for this request for the Council to approve, receive, and expend in federal
ESG designated to address the homeless. The Native Hawaiians, at least here on
the eastside, probably on the westside too, comprised the largest number, and
certainly the largest percentage of homelessness. Being that a lot of Grassroots
organizations like the one I work for, are constantly in search for opportunities not
just to service the homeless, but to build our capacity, so that we can become a little
bit better, more intentional like some of our western counterparts in the areas of
human services, social services that do services for the homeless. Somehow we have
all these different services available, but I do not see a lot of coordination and
cooperation and collaboration between our western mainstream counterparts and
our Native Hawaiian serving organizations. When there is funding available like
this, it would be good to be able to put some funding towards investing in the Native
Hawaiian community, being that we have the highest number of people who are
homeless. Also, building the capacity of organizations to work in a more intentional
way and in a way in which you can also provide some training for western
organizations that are interested in working with native populations. The cultural-
based services that we offer as a native serving organization are particularly
important, relative to the high number of homeless people that we have. I think
using cultural-based strategies to help...as resilience strategies to help people
overcome adversity are important as well. I do support and of course I am a part of
what is going on in Anahola and specifically associated as the Board secretary for
Malama Anahola, so there is a possibility to have a land instrument and Anahola
and to have that area serve as a place or as a template for a safe zone based on the
proclamation recently announced by Governor Green. I think this would be a good
place to start to build the capacity and to actually have something in place that
would help to solve and provide some mitigations for the homeless, at least here on
the eastside of Kaua`i, but of course if there is an opportunity to also expand to the
south, the westside, and also on the north shore. I am familiar, similar to Rowena,
who was working with these populations here on the eastside and the north shore.
There has been a shift now right, so you have your north shore homeless people are
now coming to the eastside, from what I can see in some of the work that we are
doing out there. Having funding that might be able to build this capacity to do
these types of work on the eastside, I think would be very important. I do want to
say that the participants in the programs that we do from a percentage perspective
are about ninety percent (90%) of the people we serve are Native Hawaiians and
then the next population is pacific islanders. We have a long history, our nonprofit
COUNCIL MEETING 48 MARCH 8, 2023
of working on east Kaua`i to develop and implement these culture-based programs
for the houseless on Kaua`i. I think that there is a commitment, not just on my part,
but on the part of a lot of organizations here on the eastside, such as the `Rina
Alliance, Malama Anahola, (inaudible), and of course the Hanalei River Heritage
Foundation. We find different ways to collaborate when it is important and really
the goal is to try to figure out how to fight this systemic houselessness that seems
to be pervasive in our community and help people live a better life and a time out of
adject poverty.
Council Chair Rapozo: Kamealoha, that is the end of your
time. I am sorry. That was six (6) minutes.
Mr. Pa-Smith: Okay.
Council Chair Rapozo: Thank you.
Mr. Pa-Smith: Mahalo, aloha.
Council Chair Rapozo: Is there anyone else wishing to testify?
Seeing none, I will call the meeting back to order. Is there further discussion?
Councilmember Kagawa.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Councilmember Kagawa: I support this grant and I want to
thank Adam and the Mayor for jumping at this opportunity to try and get these
moneys that the State no longer wants to handle. It is a great deal. It is our
responsibility to take care of our local homeless population. It is basically a fifty
percent (50%) discount, because we match whatever they give us. Any time you go
shopping, if you get fifty percent (50%) off, it is going to be gone, right? It is a great
opportunity for us to take advantage let another state or county take it, because if
we do not take it, someone else will. You cannot get fifty percent (50%) off, right? It
is a great deal for us. Hopefully, Hawai`i Island participates. It would be nice to
have a partner when we started off something, so if they do it...and then we can
work together and share our ideas. We have great local providers that would be able
to use the money wisely to expand to a larger population, perhaps, or expand
services that we already provide to those we are already helping. I am one hundred
percent (100%) behind it and again, I want to thank Adam in the Housing Agency,
Ashton, our Homeless Coordinator for jumping at this opportunity to expand.
Thank you.
Council Chair Rapozo: Is there anyone else?
COUNCIL MEETING 49 MARCH 8, 2023
Councilmember Cowden: I am totally in support of trying to do
that. I recognize Housing Director Roversi that it might be harder than it seems,
but if we do not even try, there is no possibility, so I appreciate the effort. I
appreciate the people who have come. I want to recognize Hawai`i Appleseed for
flying over. I want to also acknowledge in alignment with what Rowena has said,
which is that I was offered the opportunity to volunteer in the headcount and I sort
of did a pre-piece. I think that the number is undercounted. I appreciate those doing
the counting, are doing it along the federal guidelines and that is what they have to
do. Many people will not even raise their hands, because they are afraid they can
lose their child. Some of them are expecting and they do not want the baby taken
when the baby is born. There are a number of reasons they do not reveal the land
where there are staying. It is a difficult process for both our houseless coordinator
and all our nonprofits...it really is an urgent need. I appreciate the efforts that are
being made for being ready to have that safe zone when we are able to start making
that happen. These sixty-day or "shovel-ready" projects are tough. I agree with what
my colleague, Councilmember Kagawa just said, so thank you all and again, I am
supportive of this.
Council Chair Rapozo: Councilmember Kuali`i.
Councilmember Kuali`i: Mahalo nui loa to our Housing Agency
Director Adam. It is unfortunate the State has decided not to do this anymore, but
instead of letting that money disappear and go back to the feds, I think it is really
important that you are taking the chance and trying this. Two hundred thirty
thousand dollars ($230,000)—if that is what we end up with or half of the four
hundred sixty thousand dollars ($460,000)...is not much to do all of this: street
outreach, emergency shelter, homeless prevention, rapid rehousing assistance, data
collection, and we have heard from the testifiers, thank you for your testimony, but
clearly when it comes to affordable housing and when it comes to housing our
unhoused, we really need all hands on deck. We really need to be going after all the
different funding, we need to be partnering with everyone we can, government
entities, state, county, and the feds, and also local nonprofits because we hear the
very real painful horrifying stories of how individuals and many native Hawaiians
are suffering, and that should not be in our homeland. It is our land. It should not
be. This is a small thing, but we all need to just keep pushing and changing things
so that those types of situations do not happen. Thank you.
Councilmember Carvalho: I appreciate the discussion with Sherri
and Kamealoha. The bottom line we need to reach out and secure whatever we can,
no matter what. If it is small, medium, large—that does not matter. This effort
right now, we need to pull together and support Adam and the team at the Housing
Agency. Hearing the story from Mr. Contrades, there are so many similar
situations on the island, and I am just talking "Kaua`i." We need to stand strong,
look at opportunities, jump onboard, support each other, especially this discussion
on our housing situation, our houseless, our homeless, whatever support we can get.
COUNCIL MEETING 50 MARCH 8, 2023
I think this is just one more step forward. I am totally in support. Mahalo for the
discussion and moving forward...imua.
Councilmember Bulosan: I echo the Councilmembers remarks
and whatever money we can get to support these challenging times is important. I
am going to make light; I want to welcome back Councilmember Kagawa. You had
two (2) awesome quotes already and I am going to stick to the fifty percent (50%)
discount, once you said it...your analogies are awesome, because it makes it real—if
we can get that two hundred thirty thousand dollars ($230,000) and match that and
make an impact, why not? We have to get these things out and that is to our people.
Maybe a chance to us to not even attempt to get it and then let alone let it sit, so I
appreciate our team for making that effort to get this money to our people.
Council Chair Rapozo: I appreciate Adam. These of the types
of opportunities that sometimes just drop in our lap, we will get a call from some
state or federal agency and say, "Hey, you folks need to apply for these funds." I do
not want to sound negative, but as far as our Homeless Coordinator and wherever
that sits in the Administration, we need a plan, so when opportunities like this...I
will be honest, I would much rather the request come in and say, "Should we be
successful in getting these funds, we are going to utilize it for...street outreach,
homelessness prevention." We need a plan, so when opportunities like this come,
we can move. The problem of doing this for so long is, I know the reality of it, right?
You get the money, we cannot spend it on time, we lose the money. That is why we
need a plan, so when opportunities come, as Council Vice Chair Kuali`i said that at
the federal level, there is a lot of funds we need to be going after, but we cannot go
blind, we have to have a plan, and if we want to focus on...I am into tangible things
like data collection. No, I do not think we should be spending two hundred thirty
thousand dollars ($230,000) on data collection, not when we have kapuna and keiki
sleeping in the rain. Rapid rehousing, emergency shelter, homelessness
prevention—I think exactly what Mr. Contrades talked about. That is not right to
no fault on his own, because we have a housing crisis, because we have greedy
people, that he gets kicked out of his house. How can we step up? With funds like
this we can. We could have stepped up when you received the first notice and not
when he is nine thousand dollars ($9,000) behind. I guess that is what I am asking.
Let us formulate a plan. We have a full-time Homeless Coordinator. We need to
prioritize what we can and if we had the money...you know, if I inherited one
hundred thousand dollars ($100,000) today...just someone called and said,
"Someone died and left you one hundred thousand dollars ($100,000)," I know at my
house what I need to do in the level of priority, whether it is changing my windows
or doing a new kitchen, I know. I would not have to think what am I going to do?
Actually, I would buy a boat, but do not tell my wife, but the bottom line is we need
to set our priorities so that when we have these opportunities, we can move and we
do not need to worry about a sixty-day...we can get this out in thirty (30) days...we
can get this out in fifteen (15) days, because already know what we are going to use
funds for. Of course, I fully support this. This was a blessing from someone saying,
COUNCIL MEETING 51 MARCH 8, 2023
"Hey, you need to get it done," and we have to get it done. We need the Council's
approval to apply, expend, and all of that. My message to the Housing Agency's
Homeless Coordinator is to let us formulate a plan so we do not have to think about
how we are going to use that money. We should already know the need. With that,
the motion is to approve.
The motion to approve C 2023-58 was then put, and carried by a vote of 6:0:1
(Councilmember DeCosta was excused).
Council Chair Rapozo: Next item, please.
C 2023-59 Communication (02/22/2023) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds, for the second
allotment in the amount of$29,051.00, Fiscal Year 2023, and to indemnify the State
Executive Office on Aging, for the Nutrition Services Incentive Program (NSIP)
provision of congregate and home-delivered meals.
Councilmember Kuali`i moved to approve C 2023-59, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to approve C 2023-59 was then put, and carried by a vote of 6:0:1
(Councilmember DeCosta was excused).
Council Chair Rapozo: Motion carried. Next item, please.
C 2023-60 Communication (02/23/2023) from the Housing Director,
requesting Council approval to receive and expend Congressionally Directed
Spending, in the amount of $8,500,000.00, to be used for the construction of the
community center and 40-unit senior housing project at the County's Lima Ola
Affordable Housing Subdivision in Ele`ele.
Councilmember Kuali`i moved to approve C 2023-60, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Adam, if you wanted to come up, I will
suspend the rules.
There being no objections, the rules were suspended.
COUNCIL MEETING 52 MARCH 8, 2023
(Councilmember Kagawa was noted as not present.)
Mr. Roversi: Aloha, Chair. Adam Roversi, again, Housing
Director for the County of Kaua`i. We are asking the Council's approval to receive
eight million five hundred thousand dollars ($8,500,000) in Congressionally
Directed Spending, that we received through Senator Schatz's Office. This was the
first time that Congress has utilized earmark funding in couple decades, if you can
remember, from way back when, Newt Gingrich was in the House. 2021, was the
first year that this program was reenacted. We submitted for two (2) projects—the
Community at Lima Ola Senior Housing project at Lima Ola, which is forty (40)
units. We asked for a little more than this, but we are happy for what we have been
given. Eight million five hundred thousand dollars ($8,500,000) is nothing to
sneeze at. It is essentially grant funding, there is some reporting requirements
attached, but otherwise it is free money to the County, so I encourage you to
approve it. I would like to highlight that Lima Ola has taken a long time to get to
where it is, but success...I think we have demonstrated our success in being able to
purchase, manage, oversee a complexed largescale development, and taking Senator
Schatz's staff on tours of that projects is what resulted in us getting this money. It
seems like a long road to get here, but when we can take federal funders, state
funders on a tour of the successful project, even though it seemed difficult to get
here, it brings more funds to our projects and breathes further success. We will also
be coming back to you, hopefully not too long from now, but we have been notified
that we should be getting a little over twelve million dollars ($12,000,000) in the
2023 federal appropriation, also for projects surrounding Lima Ola.
(Councilmember Kagawa was noted as present.)
Mr. Roversi: In a little in excess of twenty million dollars
($20,000,000) in outside funding that we have brought to Lima Ola by showing the
state and the federal government that we can successfully develop that project.
Council Chair Rapozo: Thank you. Councilmember Cowden.
Councilmember Cowden: This eight million five hundred thousand
dollars ($8,500,000) is what you had already presented to us that you were hoping
to get, right? This is not an additional funding than we were expecting, right
Mr. Roversi: Correct. This has been presented to Council
previously.
Councilmember Cowden: It is not like we are getting additional
money, this is what we were hoping for.
Mr. Roversi: Correct.
Councilmember Cowden: Okay.
COUNCIL MEETING 53 MARCH 8, 2023
Council Chair Rapozo: Are there further questions? If not, thank
you, Adam. Good job. It is always good to get money. Is there any public
testimony? Seeing none.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Council Chair Rapozo: Is there any further discussion?
The motion to approve C 2023-60 was then put, and carried by a vote of 6:0:1
(Councilmember DeCosta was excused).
Council Chair Rapozo: Motion carried. Next item, please.
C 2023-61 Communication (02/27/2023) from Councilmember Bulosan,
requesting the presence of the Executive on Transportation, to provide an update on
the Kaua`i Bus regarding rebranding, Kauai Bus App, and the Kaua`i Bus WiFi.
Councilmember Kuali`i moved to receive C 2023-61 for the record, seconded by
Councilmember Cowden.
Council Chair Rapozo: With that, I need a time check. Where are we
as far as caption? Do we still have some time? I cannot remember when we
reconvened. Up to 12:30 p.m. Okay. I am reading your presentation and I am not
sure we can get this done within fifteen (15) minutes. Just for the public, and I will
check with staff, because we do have to take a caption break at 12:30 p.m., I know
some of you have been here all morning waiting to testify, so I would ask that if we
can have a late lunch and see if we can wrap up what we can to accommodate those
that have been here all day. Is that alright? Okay. With that, you can start.
There being no objections, the rules were suspended.
CELIA MAHIKOA, Executive on Transportation: Celia Mahikoa. I want to
thank you, Council Chair and Councilmembers for this opportunity. Councilmember
Bulosan requesting our report here. I wanted to provide you with some information of
some of the initiatives that we have been taking recently to just improve the rider
experience and information accessibility for our customers and the rest of the public
who inquire for information about the Kaua`i Bus. Just starting out. I want to provide
the introduction, special thanks for our Information Specialist Serge Marcil, who had
assembled the presentation PowerPoint for us. I work with a very skilled and
talented team of members who we work with that we are blessed with every day and
this is just one contribution of the many that occur every day as we serve the public.
Let us get started. This is the agenda, basically, of what we are going to be discussing
today. I will be going over, as requested, some information about our attempts at
rebranding and what is to come. The Kaua`i Bus App, that we activated last year, the
availability of Wi-Fi for riders who use the Kaua`i Bus, and then just taking some
questions and answers should there be any further questions.
COUNCIL MEETING 54 MARCH 8, 2023
Just to start out, we are on page 3, just showing the logo that we have always
had was the cane (Inaudible). In recent years would be outgoing of the plantations in
the cane. We decided to assemble a group who was able to design a crisp new logo that
was decided upon. The original logo was created around the `90s paying homage to the
sugar cane industry. This new logo, we had it redesigned, carries great importance for
the team in modernizing the look of the Kaua`i Bus, the outcome—it is a sleek crisp
logo which includes homage to the original design with the green font that we have.
We are sticking to the green font and then showing aspects of the wind below, which
illustrates movement from the mountains to the makai. The many roads traveled on
our beautiful island of which we get to serve each day, serving our customers with
safety, comfort, and aloha. We have a delivery of buses coming within the next few
months. There has been some backlog on deliveries with the COVID-19 recovery
situation going on, however, we have new ones coming in soon and those will be the
first ones for which we will be having the new logo placed on them. The next sheet
shows the actual bus design that we are looking at implementing with this next group.
There will be a few years whereby we are transitioning from the cane to the new logo,
however, we anticipate getting there within the next four (4) years, we should be able
to pull a full transition within that period by replacing our older vehicles.
At the same time, we are working on instituting a new uniform policy within
our agency, of which the new uniforms have the new logo on them. The Kaua`i Bus—
in responsible for providing safe and effective transportation for members of the
public, I wanted to prompt the ability for riders to be able to readily identify
employees of the Kaua`i Bus, as we go particularly to their homes for pick-ups and
drop-offs. We use uniforms to help promote and foster an environment of
professionalism, safety, cleanliness, and brand identification for the agency and for
the public. Additionally, we are thankful to have been able to carry out the passenger
shelter improvements over the past years, which will also be transitioned in the near
future with having the new branding under this well.
We have also worked on redesigning our new signage, trying to upgrade it to be
able to provide additional information for the public, so we left a space on the newer
signage to include an area for the QR Code, so that folks can attach to our website, our
app, and they are able to get to that easily. We are trying to upgrade ourselves into
the new technology that is available for the public to use. We also put some effort into
upgrading our profile image and signatures for consistency among all the members
within the agency, as well as when we do electronic meetings, investing in consistency
among the team and our logo presentation. One other item that we are extremely
excited about that was implemented a little over a year ago was having the Kaua`i
Bus Tracker App, which actually provides the public with live information about
where buses are located. This is extremely useful. I use it myself when I am catching
the bus home from Lihu'e to Moloa'a and am able to see when the next bus is coming,
it is just extremely useful, particularly for our customers who say if they need to plan
out what time they need to be at the stop, they can actually see where the buses are
at. We were able to get some stats on these downloads and see that there are about
four thousand nine hundred (4,900) downloads on Apple, at the Apple App store, the
Kaua`i Bus Tracker, from February through December of 2022. Downloads via
Android were a little under one thousand (1,000). We see there were downloads from
other countries as well, because their individuals were coming here for vacation and
COUNCIL MEETING 55 MARCH 8, 2023
wanted to get information about using public transit while they were on the island.
They are now able to easily access that information and actually see the route activity
before they even get here.
It shows you where the nearest bus stop is when you are on the app, which is
also very helpful for visitors, in particular, because they are not familiar with the
island layout. They are able to see that and it helps them coordinate their trips. It
shows the full bus routes as well, so that is on page 12. Page 13 shows the favorites
that you are able to save on the frequently used routes that you have. Page 14, we are
seeing alerts, we are working towards. I am getting to a point where we can actually
maintain on-the-spot alerts, so when things happen, such as traffic accidents, shutting
down and we will therefore be unable to service certain stops, being able to provide
that type of information is our ultimate goal. We are still working out the steps
needed in order to get to that, because we operate in such early hours in the morning
to late evening, it can be a challenge to have that type of coverage. Maintaining
consistency for the public is important to us. Additionally, it just has the information
on page 15. You are more than welcome to look through it and provide us with
questions at any point on the information that is provided. These all link to the
information available on our website as well. There is also a website version of the
app, so people can download it on their phones and then there is also the website
version, that provides estimated arrival times as well, so there is a bunch of
information for the public that is available out there. We are excited about the
success in which it is being used by so many of our riders. Additionally, just to
highlight from several years back, we were able to make Wi-Fi available on all of the
Kaua`i buses, and there is a dual benefit. One, our riders are now able to utilize Wi-Fi
onboard. For an hour ride from Kekaha to Lihu`e, they are able to utilize that, and
then additionally these Wi-Fi units serve as portable connecting points, internet
access, say when an emergency situation occurs we have buses that can be stationed
in various areas on the island that serve in this way for the community. That is about
all we have for today. Are there any questions?
Council Chair Rapozo: Thank you. Councilmember Bulosan, did you
have anything to add?
Councilmember Bulosan: Every weekend this last month, my fiance and
I will take trips out to each side of the island using the bus.
Ms. Mahikoa: Nice.
Councilmember Bulosan: And the app, the drivers, and just the ease of
using the bus has been awesome.
Ms. Mahikoa: Thank you.
Councilmember Bulosan: I just wanted the public to know that all these
changes have been made so that we can have better access to our areas and better
transportation. One of the biggest things for me was accessibility and I was hoping
that when I jumped on here, that some of these things would be made, and you
already did it. Thank you.
COUNCIL MEETING 56 MARCH 8, 2023
Councilmember Kuali`i: I am curious and maybe you can get back to
us later, but I sense that the things that have been improving, you have been making
these types of improvements and people are happy about it, but with all of the
improvements are we seeing an increase in ridership?
Ms. Mahikoa: At this point, it is difficult to discern the
increase coming out of the COVID-19 recovery versus what these new features are
inspiring for additional ridership. We track it and, yes, we are seeing increases, but I
would want to make sure that we are providing a proper or accurate assessment of
what is driving the increase.
Councilmember Kuali`i: I have not paid enough attention and the
budget is coming up again, but are you still doing the discounted bus pass program?
Ms. Mahikoa: Yes, we are.
Councilmember Kuali`i: Has it grown? I would imagine that is helping
increase our ridership, if we can grow that program.
Ms. Mahikoa: Thankfully the agencies that are carrying out
the distribution of it have just been very excited about the program. We did integrate
into a committee review in scoring process for this year, so that has been very useful
for so many.
Councilmember Cowden: Does this have anything that communicates
for the driver? I have not used it for a usual stop in so very long, but like Anaina Hou,
the bus does not go there all the time, right, or does it now?
Ms. Mahikoa: It does now.
Councilmember Cowden: It does now, okay.
Ms. Mahikoa: We removed all bus stops.
Councilmember Cowden: There used to be unusual stops, like Moloa`a is
now a regular stop, right? Is Anaina Hou a regular stop? Are there irregular stops
still yet on the island?
Ms. Mahikoa: We removed on-call stops because of that...it
was sometimes breakdowns in communication or it was prompting some challenges.
That would address what I was going to ask.
Councilmember Cowden: Great! I was just going to say, excellent. I do
not know if I can say that, because it is not a question.
Council Chair Rapozo: Are there further questions? If not, thank you
very much. Is there anyone in the audience wishing to testify? Please.
KITO CASTILLO: Kito Castillo. I had a quick question. I did try
riding the bus and it was a good experience, but I noticed that there were no transfer
COUNCIL MEETING 57 MARCH 8, 2023
tickets. If you have to do a transfer, you get off, and then you have to pay again. On
O`ahu, they give you a ticket, and then you can just transfer bus and then continue on
to your destination. I am just wondering if there are any plans to add transfers to the
bus. That is all I have.
Council Chair Rapozo: Thank you. I will bring her back up and she
can answer your question.
Ms. Mahikoa: Celia Mahikoa. Thank you for providing that
question. With that, that brings us to an excellent upcoming subject that we are
working on is fair collection upgrades that we are working with. We were provided
taskforce assistance through what they call (Inaudible), it is a transportation
organization from the mainland and they have access to professionals who are able to
assist us with identifying. We are going through the procurement process right now in
getting portals installed on the vehicles that will help us to go to electric, our mobile
version type of fair payments. This is our first step towards working aligning
with...there is a statewide initiative just starting up in regard to getting everyone
aligned with the Holo Program, that the ridership card that O`ahu is implementing,
which can be utilized on their buses, as well as the rail, that is upcoming soon.
Council Chair Rapozo: Well, not soon, but anyway.
Ms. Mahikoa: We are looking within the upcoming years to
all align into a statewide coordinated payment system. At that time, it would be much
more effective for us to be implementing things such as that transfer.
Council Chair Rapozo: Right now, if I wanted to go to Kekaha and I
head out, I get off in Puhi to run into the mart over there buy me a water or juice, I
need to pay again to get out to Kekaha?
Ms. Mahikoa: Yes. Each time you board, you would pay.
Unless you are a frequent rider, you would get a bus pass. That is always the
recommendation for individuals who ride often.
Council Chair Rapozo: Is it that much of a problem to do transfers
like on O`ahu? I know we were doing transfers way before we had any type of
electronic...I mean I rode the bus all over in Honolulu when I was a kid, they just gave
you a paper. I loved the transfer, you get off at Ala Moana, you do your thing, and
then go to the next stop. Is there a possibility without having to...
Ms. Mahikoa: Because we are heading towards an electronic
solution, that we probably would not...how we have resolved it here on Kaua`i is
typically individuals should not need to catch two (2) buses to get to where they need.
That would usually involve a shuttle on a mainline trip, so with the mainline, you are
paying the full fair of two dollars ($2) when you board. For the shuttle, which would
take you further into either Kapahi or Koloa-Po`ipu, that would be the fifty-cent fare.
We have found a middle ground in operating in that way to just not need to...up to
this point implement a transfer, but we are looking at investing our future for fare
payments in an electronic method. That is where we are headed.
COUNCIL MEETING 58 MARCH 8, 2023
Council Chair Rapozo: I do not know if that answered your question,
but I guess the answer is no.
Councilmember Cowden: No, for now.
Mr. Castillo: In this case, the fare is two dollars ($2), it is
very reasonable, but the point is if, I, for instance, wanted to go to the airport, I would
have to get off in Hanama`ulu and then catch the 100 shuttle to the airport, but then I
have to pay twice. I would not be able to get a ticket...if I am going to the airport, I
am paying to get to the airport, but then I have to get off and transfer because the
route does not go straight to the airport, and then I have to pay another full fare. That
was my question. If there was any type of transfer to continue and go to your ultimate
destination. Thank you.
Council Chair Rapozo: Something to look at, I guess. I think that is a
reasonable request. You should not have to pay twice if you are going to one
destination.
Ms. Cummings: Sherri Cummings, Malama Anahola. You
folks were talking about this software program that the Kaua`i Bus is doing regarding
rebranding, what the look is, and how you can attract more people. The brother
behind here mentioned the amazing experience he had with Honolulu. The Holoholo
bus pass that they do, the good thing about it is they came up with an exceptional
plan. First, I support local businesses, local opportunities for these types of
Information Technology (IT) opportunities, in general. The funny thing about it is the
Holoholo pass in Honolulu with the IT makers who created the software, they sponsor
me, Malama Anahola, so I wanted to give Celia the opportunity to "hook up" with
these people to create what I think is the missing link for the person in the back not to
pay twice. There is that capability to do that. These folks are professionals, they are
local native individuals that have an amazing product. They brand incredibly, they
manage their people that they service. This is a missed opportunity if we do not use
these folks. They compete on federal levels and state levels. They are very big people
in a big world, and they are just a small Hawaiian nonprofit group and for-profit as
well, so I think this is an opportunity, they will be down here with us. I just wanted to
speak to that point and just say that it is a possibility and we have people out there
that can create this and they probably would not pay near to what I think the City
and County of Honolulu paid for something like this. Just to put it out there.
Councilmember Cowden: What did you say the name was?
Ms. Cummings: I did not say who they were, but they were the
ones who actually...
Councilmember Cowden: So, you do not want to say the name.
Ms. Cummings: Not at the moment.
Councilmember Cowden: Okay, no problem.
Ms. Cummings: But they will make themselves known.
COUNCIL MEETING 59 MARCH 8, 2023
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify? Seeing none.
There being no further public testimony, the meeting was called back to order,
and proceeded as follows:
The motion to receive C 2023-61 for the record was then put, and carried by a
vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: We will take a ten-minute caption break.
There being no objections, the Council recessed at 12:40 p.m.
There being no objections, the Council reconvened at 12:50 p.m., and
proceeded as follows:
Council Chair Rapozo: I will call the meeting back to order. Can we
have the next item, please?
LEGAL DOCUMENT:
C 2023-62 Communication (02/24/2023) from the Housing Director,
recommending Council approval to execute the Third Amendment to the Building
Loan Agreement between the Hawai`i Housing Finance Development Corporation
(HHFDC) and the County of Kaua`i, which seeks to clarify an inconsistency between
the current loan agreement and the intentions of HHFDC and the County relating to
repayment options.
• Third Amendment to the Building Loan Agreement Lima Ola
Workforce Housing Development Phase I Project (Dwelling Unit
Revolving Fund Loan)
Councilmember Kualii moved to approve C 2023-62, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Did any Councilmember want Adam up? Yes,
please. Adam.
There being no objections, the rules were suspended.
Mr. Roversi: Aloha, again, Chair and Councilmembers,
Adam Roversi, Housing Director for the County. As it is hopefully apparent in the
communication, we consider this proposed amendment largely being housekeeping. It
fixes a discrepancy between the Hawai`i Housing Finance Development Corporation
(HHFDC) board in approving the loan agreement, and the document that was actually
drafted. As currently drafted, the loan agreement provides that the County shall
provide finished completed lots to the State as a payment on the loan. The board's
COUNCIL MEETING 60 MARCH 8, 2023
intention was to allow us to do that if we chose to, but not to require it, so the present
amendment just changes that language to make it clear—that is our option and not a
requirement. For context, we have no intention of attempting to transfer lots to the
State and the State has no desire to receive them. Therefore, everyone is happy.
Council Chair Rapozo: Thank you for that explanation. Are there
any questions for Adam? Thank you very much, sir. Is there anyone in the public or
on Zoom wishing to testify? Seeing none, I will call the meeting back to order.
There being no one from the public to testify, the meeting was called back to
order, and proceeded as follows:
Council Chair Rapozo: Is there any discussion?
The motion to approve C 2023-62 was then put, and carried by a vote of 6:0:1
(Councilmember DeCosta was excused).
Council Chair Rapozo: Next item, please.
Ms. Fountain-Tanigawa: The next item are Claims.
CLAIMS:
C 2023-63 Communication (02/13/2023) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Keith King, for vehicle
damage, pursuant to Section 23.06, Charter of the County of Kaua`i.
There being no objections, C 2023-65 was taken out of order.
C 2023-65 Communication (02/21/2023) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Patti Thiele, for property
damage, pursuant to Section 23.06, Charter of the County of Kauai.
Councilmember Kuali`i moved to refer C 2023-63 and C 2023-65 to the Office
of the County Attorney for disposition and/or report back to the Council,
seconded by Councilmember Cowden.
Council Chair Rapozo: Is there any discussion or public testimony?
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to refer C 2023-63 and C 2023-65 to the Office of the County
Attorney for disposition and/or report back to the Council was then put, and
carried by a vote of 6:0:1 (Councilmember DeCosta was excused).
C 2023-64 Communication (02/15/2023) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Joseph Kua, for mental,
physical and emotional injury, pursuant to Section 23.06, Charter of the County of
Kaua`i.
COUNCIL MEETING 61 MARCH 8, 2023
Councilmember Kuali`i moved to refer C 2023-64 to the Office of the County
Attorney for disposition and/or report back to the Council, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Thank you. Mr. Kua.
There being no objections, the rules were suspended to take public testimony.
Mr. Kua: My name is Joseph Kua and I used to work
for the County of Kaua`i, I was terminated on February 7th. Twenty (20) years of
service. I have no idea why I got terminated or the real explanation why I got
terminated from the County of Kaua`i. On January 12, 2023, I had a meeting to
show up with an allegation, to show up at the transfer station. I showed up at the
transfer station on January 20th and from thereon, I was terminated. Why? I have
no idea. With that said, I want to say thank you, Chair, thank you to the Council,
thank you to the staff for staying over the lunch time, and listening to this very
serious issue. I have been working for the County for twenty (20) years, and what
has happened to me right now—being terminated on February 7, 2023 has caused a
lot of emotional, physical, and...I do not know what...that I got terminated, and now
I do not have...it is very hard for me now. This is the rules and regulations that the
County of Kaua`i needed to follow and the Administration did not follow the policies
and guidelines that was served by...Workforce Hawai`i. What happened to me was
I was treated, but unequal under the terms and conditions of employment harassed
and retaliation by the Administration of the County of Kaua`i. It was not just the
Administration of the County of Kauai, but it is the Hanapepe Baseyard, the
supervisor, and the DRO really, really was not following the protocol, rules and
regulations that they needed to follow. This training was provided to all employees
and employers. Excuse me, this is very emotional for me right now.
Council Chair Rapozo: Take your time.
Mr. Kua: What they did to me...(inaudible) court and
arrest records, states right here...that is what they used on me. They used my
court and arrest records. This book right here states the facts of everything from
Day 1. This goes back to 2021, 2022, and 2023. Everything here, confession
everything, what the County of Kaua`i, what they did to me wrong, right here, all of
this. A lot of what the hired help that they brought from Honolulu, that I defended
myself in and defeated them by the policies and the guidelines of the County of
Kaua`i. I passed the forensics psychiatrist, I passed the (inaudible) psychiatrists. It
states right here...I keep all my palapala from when I first started with the County
of Kaua`i, I kept everything, all my policies, etcetera. This is what the County of
Kaua`i reads, "the County of Kaua`i will not condone or tolerate discrimination in
the workplace. Violations of this policy by any individuals with authority will result
in disciplinary action. This is with our collective bargaining agreements and rules of
the civil service commission (inaudible) appeals board. The County of Kaua`i is
(inaudible) and departments, agencies, management, supervisors, and personnel
employees have a responsibility to prevent acts of discrimination. The County of
Kaua`i is committed to provide a work environment that is free of discrimination
including harassment and retaliation." What the men did to me...one, accuse me of
COUNCIL MEETING 62 MARCH 8, 2023
something that I did not do in the County of Kaua`i. There are no allegations of
anything...of whatever they are pointing out. I would like the Members to
investigate this serious matter, because I have no idea. I do not know if they are
targeting me, but here is my personal file that they sent me. There are no
allegations in my personal file of anything that I did wrong in the County of Kaua`i.
I have proven myself by my book. Excuse me. I am a person that documents
everything. I want to say this Councilmembers and staff, I want to thank J.
Robertson and Max on Ho`ike. I want to address this to the people, because I think
the citizens and the public who are watching now...they all are watching and can
see how very serious of how this will turn out. Again, I am not here to overthrow
the County of Kaua`i, I am here to find justice, understand why they did that to me
without no allegations, then fire me for no reason. The intent to terminate me and
the Chief of Engineer...the intent to terminate me was "rubber slipper" and not
taking the job. I was forced under the (inaudible) to take a job that was not my job. I
was not supposed to be there. I have a letter stating the fact, which you folks have,
Chair, Jade Tanigawa has this, and I have everything over here. I am sorry.
Council Chair Rapozo: Mr. Kua, you are going to have to wrap it up
because of your time, please.
Mr. Kua: I am just being retaliated by the County of
Kaua`i, harassed, and as you can tell I am very emotional, physically, mentally
disturbed. I am heading to the doctor to figure it out together. I want to thank
everyone. Thank you, Chair, thank you, everyone. I am sorry. But I hope you take
this matter very seriously. Thank you.
Council Chair Rapozo: We will, sir. Thank you. Matt, can you come
up real quick? As you know, the claim has been filed, so obviously...and this is for
you, Mr. Kua that we cannot speak on it as the Council, but what would be a good
time where we could get briefed in Executive Session? How long for a review?
MATTHEW M. BRACKEN, County Attorney: Matt Bracken, County
Attorney. I think we can get this in front of you...we are actually aiming for your
next meeting. At this point, it would be preliminary information, but we can brief
you on.
Council Chair Rapozo: How about a month?
Mr. Bracken: Yes, a month would be better.
Council Chair Rapozo: Let us schedule a follow-up update in a
month. Is there any public testimony? Mr. Hart. Oh.
Ms. Cummings: Sherri Cummings, beneficiary of the
Department of Hawaiian Home Lands. Mr. Kua is also a beneficiary of Hawaiian
Home Lands, so right now it is a little bit more serious than what most people
think. Our protection is under the Department of Interior, so there is some recourse
in what Mr. Kua has the ability to pursue regarding protecting himself. I just want
to make that known to the County that there is an opportunity for him to seek
justice through a higher process, if need be. That is my mana`o. Mahalo.
COUNCIL MEETING 63 MARCH 8, 2023
Council Chair Rapozo: Thank you. Mr. Hart.
Mr. Hart: For the record, Bruce Hart. Twice today I
have been...and I think all of us have been emotionally moved, and certainly by his
testimony and I know as I get up here often, that you care. I see it in your faces and
I see it in the work that you do. I just ask, as a member of our community's behalf,
go find out what the facts are and let him know. I really appreciate being here
today. This is a lot of the reason I attend, is because I am able to interject myself
into these types of situations and hopefully help. I know this will work out. The fact
that he came to you, I know moves you all. Thank you.
Council Chair Rapozo: Thank you. Is there further testimony?
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Council Chair Rapozo: Is there further discussion? The motion is to
refer to the County Attorney.
The motion to refer C 2023-64 to the Office of the County Attorney for
disposition and/or report back to the Council was then put, and carried by a
vote of 6:0:1 (Councilmember DeCosta was excused).
Council Chair Rapozo: Motion carried. Next item, please.
RESOLUTIONS:
Resolution No. 2023-23 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Jaclyn K Kaina)
Councilmember Kuali`i moved for adoption of Resolution No. 2023-23,
seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any further discussion? Is there any
public testimony? If not, roll call.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion for adoption of Resolution No. 2023-23 was then put, and carried
by the following vote:
•
FOR ADOPTION: Bulosan, Carvalho, Cowden, Kagawa,
Kuali`i, Rapozo TOTAL— 6,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: DeCosta TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 64 MARCH 8, 2023
Ms. Fountain-Tanigawa: Six (6) ayes and one (1) excused.
Council Chair Rapozo: Thank you. Next item.
Resolution No. 2023-28 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Aimee Lorenzo)
Councilmember Kuali`i moved for adoption of Resolution No. 2023-28,
seconded by Councilmember Cowden.
Council Chair Rapozo: Is there any further discussion? Is there any
public testimony? If not, roll call.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion for adoption of Resolution No. 2023-28 was then put, and carried
by the following vote:
FOR ADOPTION: Bulosan, Carvalho, Cowden, Kagawa,
Kuali`i, Rapozo TOTAL— 6,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: DeCosta TOTAL — 1,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes and one (1) excused.
Council Chair Rapozo: Thank you. Next item.
Resolution No. 2023-29 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF WATER SUPPLY (Micah R. Finnila)
Councilmember Kuali`i moved for adoption of Resolution No. 2023-29,
seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
There being no objections, the rules were suspended to take public testimony.
Ms. Cummings: Sherri Cummings, Malama Anahola,
representing Department of Hawaiian Home Lands beneficiary trust, in the
capacity of the founder and the president of Malama Anahola. I am asking for
consideration regarding this passing or whatever phase you have going on for the
Board of Water Supply that you folks table this until I can bring Eleanor
Cummings, Native Hawaiian Legal Corporation (NHLC) lawyer to come down and
give a workshop, if you folks are willing to participate with. We have a vested
interest in water reserves. We are the hierarchy of water regarding Commission on
Water Resource Management (CWRM). We are legislatively protected, there is
COUNCIL MEETING 65 MARCH 8, 2023
nothing no one can do regarding development without the consideration of the
build-out of the Department of Hawaiian Home Lands. There are going to be three
(3) build-outs that is happening. One is on the island of Kaua`i on the eastside,
which is the two thousand one hundred (2,100) acres that we are taking over,
mauka lands right adjacent to Vandersuit. There is going to be a kau hale type
subsistence agriculture with opportunity for building homes. There is going to be
homesteading on there as well, so that is a development. We got Hanapepe,
Department of Hawaiian Home Lands is expanding the lots, they are also building
up in Hanapepe, so that is another development. Those are on the regional plan
that is going to come out very shortly. We also have the Kekaha side. There is a
development that is coming—there are two (2) phases, one, Sean Andrade folks will
be putting up regarding...as soon as they get their water system going through
Kaua`i Island Utility Cooperative (KIUC) and so on and so forth. They are going to
be awarding farm opportunities, possibility with kau hale. They also have that strip
alongside (Inaudible) that they are going to be developing to put homes in there as
well, besides agriculture-type opportunities. That is development as well. So, we got
three (3) developments going on line and no one is talking to the Department of
Hawaiian Home Lands. The Department of Hawaiian Home Lands—we have a
water policy. Our position is the Department of Water, Department of Hawaiian
Home Lands, and the beneficiary sit down together to decide how we are going to
move regarding opportunities for water. We have first rights to water, we have
water reserves that is superior to anyone asking for water, so someone needs to talk
to people regarding housing opportunities for the Department of Hawaiian Home
Lands and beneficiaries like us. It affects my project, up on the two thousand one
hundred (1,200) acres, because we are going to have homestead opportunities as
well. I just wanted to state that for the record, if you could kindly consider holding
and putting a pause on anyone, because I want to be part of that Board of Water
Supply. Maybe Council Vice Chair Kuali`i or maybe someone who is engaged in the
Department of Hawaiian Home Lands with regards to that water policy and that
piece that the Department of Water should be knowing about. We have placed out a
phone call, so there is going to be an opportunity for us to speak to Mr. Tait from
the Department of Water. I ask that we all pause, if we can, and see if there is an
opportunity to get NHLC out here to give you folks a workshop regarding the water
policy for the Department of Hawaiian Home Lands.
Council Chair Rapozo: Councilmember Cowden has a clarifying
question for you.
Councilmember Cowden: I am unsure how many openings there are on
the Board of Water Supply right now, if there is any. Is there just this one? Okay. I
am hearing what you are saying, but it is not specifically about this individual, who
has been selected for her strengthens in Human Resources (HR), and just
recognizing the strong need that the Department of Water has for hiring people, so
that is why she was selected. So, if I am hearing you correctly, if there is one (1)
position, you are hoping for someone with DHHL or beneficiary background to have
that position.
Ms. Cummings: Absolutely. If you are talking about homes
for the island of Kaua`i and we are going to be apart of the solution to the inventory
for opportunities for people to get into homes, I think that would definitely take
COUNCIL MEETING 66 MARCH 8, 2023
priority over someone that brings expertise to HR purposes. I watched you folks vet
out who she is, what she is, I take no qualms with this individual, because they
bring that level of expertise, but if you have to make a choice between someone that
has ike, to put them in this direction of how we can best move the housing issue
than get someone who is better to do HR work. Put someone on that Board that can
discuss how we make homes happen for the island and believe it or not, I think
DHHL will put up more housing than the County themselves. That is my position.
Councilmember Cowden: Thank you very much.
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify?
There being no further public testimony, the meeting was called back to
order, and proceeded as follows:
Council Chair Rapozo: Is there further discussion? Councilmember
Kagawa.
Councilmember Kagawa: For me, this is one area where I feel like it is
confusing, and that is why and how the County is involved with the Department of
Water because they are independent of this body. We do not see their budget. We
do not get to help them solve problems, which they may have, they just report to the
Board of Water Supply. We appoint whoever is recommended by the Mayor or
their department and after we do the appointment, that is all we have to do at the
Department of Water. In some ways it is confusing because we do not have the
oversight to see the effect of our appointment—is it improving, not improving, is it
fulfilling the needs that we have? We do not have regular dialogue, like we have
with other departments. With this Sherri bringing up what she had, I think maybe
for the future I would say we need the Charter Commission to possibly rename one
of the other positions and using a Hawaiian representative instead. I agree that we
do not need a so-called HR person on the Board of Water Supply, but for now, the
Charter says to have an HR person, that is what the voters voted for way back
when they adopted the make-up of the Board of Water Supply. For me, I am
inclined to support, considering the changes that Sherri wants, we can work on as
well, simultaneously.
Council Chair Rapozo: Councilmember Kuali`i.
Councilmember Kuali`i: I really appreciate what Councilmember
Kagawa had to say. What Ms. Cummings had to share is really important and we
should be thinking about that as far as the Hawaiian Home Lands Trust and the
water reservations, and all they have instore for helping with our housing solution.
Clearly, CWRM talks about the DHHL water reservations, but we never hear our
County of Kaua`i, Department of Water talk about it, and I am not clear how we are
honoring it. I like Councilmember Kagawa's suggestion about looking at a Charter
Amendment that at least on the Board of Water Supply, that we have a seat that is
not just dedicated with someone with Hawaiian blood, but to a native Hawaiian
trust beneficiary, so whether they are a homesteaders, on the wait-list, or eligible to
be on the wait-list, it would be a trust beneficiary. At least you would have one (1)
COUNCIL MEETING 67 MARCH 8, 2023
vote on the Board. I think that is really important. I will work with you to put
something forward, a proposal. Just on a personal level, I would say that she
mentioned me for the Board of Water Supply and I am very happy being on the
Council and I do not think I can do both, but clearly there are other native
Hawaiian beneficiaries out there that would do a great job, including Ms.
Cummings herself. I think today I will just vote in support Ms. Cummings just to
make the point, but the process is that we normally follow the appointments of the
Mayor, as long as we do not see a conflict or problem with that individual.
Councilmember Cowden: As someone who has, especially my first
couple of years, attended or tried to attend every Board of Water Supply meeting
because we do not hear from them and it is so important. I was doing the phone
piece, I have not gone recently. I am not sure that we are required to having an HR
person on the Board of Water Supply, I do not believe I have ever seen one before, so
I am not sure that the Charter does require that. Had it not been for Ms. Cummings
being here, I completely prepared to approve Ms. Finnila, because of the skillset
that she has and the need. That said, if there was a motion, not making it yet, to
defer, I am willing to contemplate that because the person from the NHLC—I have
seen him speak a number of times on water and he is phenomenal. There is both
surface water, which matters for the Lihu`e area where it goes through the surface
water treatment plant, so that is when there is the potential for diversions, that is
important, that is deeply influential of what we are seeing with the Department of
Hawaiian Home Lands in Wailua and different places that have been unable to be
develop. We need to be having the water reservation, so that the Department of
Hawaiian Home Lands commitments are not just simply an aspirational goal...in
the close to forty (40) years that I have been here, I do not see them manifest. I am
in agreement that water and the Department of Hawaiian Home Lands
commitments are very important. The Commission on Water Resource
Management—that is another area layer, with the surface water. I like the
appointee. I am very open to being willing to learn more.
Council Chair Rapozo: Is there anyone else? Councilmember
Carvalho.
Councilmember Carvalho: Very simple. I support what Sherry brought
to the table, I think it is an important part, and what Councilmember Kagawa
mentioned. I know there are a lot of back and forth happening, but whether it be
this process or that process, I think we need that representation at the table,
especially when we talk about water. I appreciate the discussion and I am
supportive of that.
Council Chair Rapozo: Is there anyone else? If not, the motion is
the approve.
Councilmember Cowden moved to defer Resolution No. 2023-29, seconded by
Councilmember Kuali`i.
Council Chair Rapozo: There being no further discussion on the
motion to defer. The motion is to defer. Let us do a roll call.
COUNCIL MEETING 68 MARCH 8, 2023
The motion to defer Resolution No. 2023-29 was then put, and carried by the
following vote:
FOR DEFERRAL: Bulosan, Carvalho, Cowden, Kagawa,
Kuali`i, Rapozo TOTAL— 6,
AGAINST DEFERRAL: None TOTAL — 0,
EXCUSED & NOT VOTING: DeCosta TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes and one (1) excused.
Council Chair Rapozo: Thank you. Next item, please.
Resolution No. 2023-30 — RESOLUTION APPROVING THE HAWAII
STATE ASSOCIATION OF COUNTIES SLATE OF OFFICERS FOR CALENDAR
YEAR 2023
Councilmember Kuali`i moved for adoption of Resolution No. 2023-30,
seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any further discussion? Is there any
public testimony? Go ahead, Councilmember Cowden.
There being no one present to provide testimony, the meeting proceeded as
follows:
Councilmember Cowden: I appreciate everyone and I am still holding
with my same concerns that I had two (2) months ago, I have full belief in you,
Councilmember Carvalho. I think it is really important that we have skill,
experience, and the political grace to represent our County well. When I look at the
demographic makeup of all of our county councils in the island, and I know how I
feel, as the single councilwoman on the council, I cannot in good faith vote yes to
how we have it laid out.
Council Chair Rapozo: Thank you. Is there anyone else?
The motion for adoption of Resolution No. 2023-30 was then put, and carried
by the following vote:
FOR ADOPTION: Bulosan, Carvalho, Kagawa, Kuali`i,
Rapozo TOTAL — 5,
AGAINST ADOPTION: Cowden TOTAL — 1,
EXCUSED & NOT VOTING: DeCosta TOTAL — 1,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Five (5) ayes, one (1) no, and one (1)
excused.
COUNCIL MEETING 69 MARCH 8, 2023
Council Chair Rapozo: Thank you. Next item.
Resolution No. 2023-31 – RESOLUTION URGING THE HAWAII STATE
LEGISLATURE TO ENACT A STATUTE EXEMPTING BIRTH ATTENDANTS
FROM STATE LICENSURE REQUIREMENTS
Councilmember Kuali`i moved for adoption of Resolution No. 2023-31,
seconded by Councilmember Cowden.
Council Chair Rapozo: Is there any public testimony? Okay. If you
have not testified earlier today, I will suspend the rules.
There being no objections, the rules were suspended to take public testimony.
BRUCE HART: For the record, Bruce Hart. I understand the
issue and I did not whenever testimony was given before. I did not feel comfortable.
There were a few questions that I asked some of the testifiers and I am satisfied,
and I am in support of this Resolution. I think it is basic...(Inaudible) got up here
and said, "It is a basic human right." The program—apprenticeship has been all the
way back from millenniums. My own feeling is that there is some type of movement
within our government to control everything. I was concerned about health and
safety, and I am satisfied as to that. I believe that the midwifery or birth attendants
that they are as well trained and they are just as capable as those that go to a
school. Again, I am in support of this. Thank you.
Council Chair Rapozo: Is there anyone else wishing to testify?
SARAH PONITKOFF: I am Sarah Ponitkoff. I have birthed five (5)
children, three (3) overseen by an obstetrician-gynecologist (OBGYN), birth in a
hospital; one of the births through having a nurse midwife. I had the blessing and
gift an opportunity two (2) with a traditional midwife. Those experiences for me...if
I did not have that choice, I would never know what a profound difference it could
make for my life, for my personal experience through having a very strong bond
with this midwife who I chose to interview whereas with my OBGYN, I was
assigned. I was able to interview the midwife, I was able to decide whether or not it
was the right fit for me and my family to go through with this birthing experience. I
found the midwife to be extremely knowledgeable, professional. The whole
experience—I got to know my body, I got to know what I would be experiencing in a
way that I had no knowledge of previously, through my first three (3) birthing
experiences. To take that away from a mother and her child, it is criminal. It
should be a choice. We all should be able to choose what we want to do and what
experience we want to have with our body, with our child, with our bond. I cannot
give enough praise over the difference that I even see through my children who
were birth at home with the midwife. They are totally different children, they are
very peaceful and there is just a very different experience for them. I know it will
impact their entire life, so, thank you.
Councilmember Kagawa: I have a clarifying question.
COUNCIL MEETING 70 MARCH 8, 2023
Council Chair Rapozo: Go ahead.
Councilmember Kagawa: The babies you had with the midwife were
born here on Kaua`i?
Ms. Ponitkoff: On Kaua`i.
Councilmember Kagawa: Oh, okay.
Ms. Ponitkoff: Yes.
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify that has not testified earlier? I have a question that I wanted to ask
someone, I am not sure which one of you here could answer this, on behalf of the
midwives. Let me ask the question first and whoever feels like they can answer...in
2019, when Act 32 was passed, the whole purpose of this Bill was to allow the birth
attendants to come up with their policies; their roles and functions, come back to
the Legislature in three (3) years, so that the Legislature could decide, now, that
was never done as far as the Legislature is telling me. That was never done...can
anyone answer me why?
Ms. Duarte: Yes. I am the Taskforce Chair.
Council Chair Rapozo: Hang on. You scared me. I forgot we have
Zoom. Go ahead, you can answer. I think you are the most qualified. State your
name again.
Ms. Duarte: My name is Kristi Duarte; I am the
Taskforce Chair. We have put in, every year, since 2020, we have put in a bill. In
2020, I was emailed by a senator. I was asked for the Taskforce recommendations,
told they wanted to introduce it and schedule a hearing for it, because they were the
first committee it would go into. I trusted her. I gave her everything. She took
it...even the Department of Health came in and testified. There was not safety issue
and she deferred it and killed it that day. It never moved forward. In 2021, we tried
to put another bill to address the situation and it would not get scheduled for a
hearing, so we had nothing that year. 2022, I worked with my senator and he really
helped us. He got it scheduled and he noticed that we needed to get on the same
page with the Department of Commerce and Consumer Affairs (DCCA), and so he
created a Taskforce to give us 2022 to prepare for 2023, right now. He created a
taskforce bill, it went to that same senator that had reached out to me two (2) years
ago, and she killed the taskforce bill. She killed the opportunity for us to work
together again. Here we are in 2023, and like it was mentioned, we moved through
both subject committees with unanimous support, all yeses.
Council Chair Rapozo: What happened in the Senate?
Ms. Duarte: The Senate—we had hundreds of people call
asking for it to get scheduled. It did not get scheduled. I called for five (5) minutes
to talk about this situation, no response over and over.
COUNCIL MEETING 71 MARCH 8, 2023
Council Chair Rapozo: Do you know why? It is in the House right
now. It has to cross over to the Senate. What are the chances of this even passing?
Because I do not know the answer, I have not spoken to the Senate...
Ms. Duarte: Everything has to go through two (2) Senate
Committees. I am not hundred percent (100%) sure, but I believe it is two (2); House
and the House Committee on Consumer Protection and Commerce. My senator is
on one (1) of those, as the Chair. I am continually trying to work with him. It is
positive. This Bill is our only chance to do what it was supposed to do four (4) years
ago, which the Legislature intended to do.
Council Chair Rapozo: That was my question, because if the
purpose of this Bill back in 2019 was to give you folks time to come up with the
information that they need to create legislation and you are telling me that in 2020,
2021, and 2022, you did, and they shut you down.
Mr. Duarte: Yes, and I have all those bill numbers and it
has been part of my public testimony too, just with the history of this issue.
Council Chair Rapozo: Okay. I trust you. I do not need to see your
bill numbers. Councilmember Cowden.
Councilmember Cowden: I have a quick question. Who is your
senator?
Ms. Duarte: My senator is Senator Jarrett Keohokalole.
Councilmember Cowden: Have you found a difference in gender where
you had support or opposition in the legislators? Honestly...
Ms. Duarte: Yes.
Councilmember Cowden: ...only women have babies. I just wondered
if there is a difference. Do you have more support from one group over another?
Ms. Duarte: Nothing that I have actually noticed, but the
good thing is, I really feel our bill moved forward this year, because the opposition
was less. This year, we really had the only national organization that issues the
certificate for licensure come in full support of our bill. We had DCCA verbally
testifying in support, and that they would continue regulations, and so we had a lot
of the big stakeholders. In CPC—the committee hearing report shows that there
were no medical organizations that opposed. There were only a midwife
organization that opposed, but this year was very different, very minimal in
opposition.
Councilmember Cowden: Okay, thank you so much.
Council Chair Rapozo: Real quick. The goal and objection is to
exempt birth attendants from getting any type of licensures from the State?
COUNCIL MEETING 72 MARCH 8, 2023
Ms. Duarte: No, it is to...
Council Chair Rapozo: Is that a bad thing?
Ms. Duarte: It is two (2) things. First, it is to continue
regulation of them, and one thing I did not get to share today was the history of the
auditor and the Sunrise Report. If we go back to the Sunrise Report of 2017, he
made two (2) recommendations. His first recommendation was licensure of all
midwives. He mentions in his report, there are so many different midwives here.
There are the professional midwives, there are traditional midwives, there are so
many, and he was recommending licensure of all of them. His second
recommendation was the legislature should examine if it is appropriate to use a
national private organization as the standard, because he says in the auditor report
that will unfairly and unnecessarily create a competitive advantage, and you are
benefiting one sector of the midwives. He says all of this. What happened was in
2019, they took this beautiful Sunrise Report that if they had incorporated a
pathway for all midwives, right, we would not be sitting here today. But, instead,
they benefited one segment of the midwife group, but they put in that clause that in
three (3) years they intend to incorporate all birth practitioners. Right now, it is
almost like we are trying to stop the bleeding. We need to stop them from going
illegal, because people want access and the choice to these providers. Secondly, of
course it would have been ideal to have licensure accessible for all cultures, for all
people, and I think that would be the second step because in 2025, this will sunset,
this licensure law, and they will have to go in again with either the program
stopping because it is not able to sustainable itself or they are going to have to
create legislation to create a pathway available for all midwives to be able to get a
license. That is the long-term goal.
Council Chair Rapozo: I hear the argument from both sides, and
part of this Resolution that concerns me is where it says, "Be It Further Resolved,
that the Council supports the enactment of a statute that extends or permanently
exempts birth attendants from State licensure requirements." I do not know if I
support that. A permanent exemption for birth attendants that have no...
Ms. Duarte: This is what DCCA testified at the CPC
hearing. They said, "even though they are exempted, they are not unlicensed." She
clearly said...it is very confusing, but she clearly says it in the testimony, "if you are
exempted and you follow the rules set before you, you will not become unlicensed."
The moment you become unlicensed, then we go as responsible to do what they have
to do.
Council Chair Rapozo: I just do not see it in the Bill. I see the
reference to licensing for midwives, but not for the attendants.
Ms. Duarte: HB 955.
Council Chair Rapozo: Yes.
COUNCIL MEETING 73 MARCH 8, 2023
Ms. Duarte: If you look into currently what...right
underneath it should show what they have to follow..."does not advertise as a
license midwife, does not carry alleged drugs and devices, discloses to each client in
writing their training and education, has to have a transport plan, verbally and in
written form discloses this information," those are all the things that they have to
follow, which they are regulated under. Chapter 26(h) of the licensing law, requires
a profession to be fully licensed or other restrictions to enforce regulation, so they
are currently regulated and they have to follow this. If not, a complaint is filed and
they are required to show the form that is provided by the DCCA if they are
compliant with everything on that list.
Council Chair Rapozo: Okay. I read the exemptions...it says, "a
person acting as a birth attendant on or before July 1, which is the date they are
trying to extend, has to show their education and training.
Ms. Duarte: Yes.
Council Chair Rapozo: Okay. What kind of education and training?
Ms. Duarte: Provided by the DCCA.
Council Chair Rapozo: Is the form specific that certain
requirements in education or training?
Ms. Duarte: No, the form allows for women to access the
training and education that they want. It allows for reproductive rights and choices
to be made based on what a woman feels she is safer and comfortable for. This form
is available on DCCA's website.
Council Chair Rapozo: Thank you. Are there further questions?
Councilmember Kagawa.
Councilmember Kagawa: The Bill that you folks have; you do not want
it to be regulated?
Ms. Duarte: We do not want it to be what? I am sorry.
Councilmember Kagawa: Regulated.
Ms. Duarte: We are asking for continued regulation.
Councilmember Kagawa: I guess the confusion...we are getting this
from the legislature, telling us...we are not even asking them, they are texting us,
they want to be regulated, they want an exemption from certification and because
this is the safety and health of residents that is at the heart of this matter, some
regulation is needed. This is what is coming from the Legislature.
Ms. Duarte: Yes.
Councilmember Kagawa: I did not make that up.
COUNCIL MEETING 74 MARCH 8, 2023
Ms. Duarte: You know what, I had a meeting with a very,
very high-up person in leadership and they spoke with a group of people, I asked
them to speak to them, and they began to say that we need to work on legislation
for next year, because we need better guardrails. I said, "Excuse me, may I ask you
if you know what guardrails are currently in place," and they did not know. She
responded, "I do not know," because no one reads the bill. That is what is
happening. No one knows what our bill is saying. I have talked to multiple ones
because I am only the one who is able to get...if I can get a meeting, and they tell
me, "Oh, my gosh, I thought this was a free-for-all exemption; it is so confusing," but
it is not, because DCCA is verbally saying they are going to continue to regulate
these birth attendants.
Councilmember Kagawa: If we pass this Resolution on the County of
Kaua`i, do you think that now they are going to read the Bill? This is about
women's right to choose, which is basic, who is not going to disagree with that
statement and belief that we want that for all girls, all birthing moms. From the
Legislature side, we are getting these other messages that it is not about that, it is
about being worried about the safety of women and children, it is very confusing.
We are coming in really late in the game. Tomorrow is the deadline and I am just
sort of frustrated that we have a lot of questions, really, to make a honest decision...
Councilmember Cowden: I have a clarifying question.
Council Chair Rapozo: Go ahead.
Councilmember Cowden: Thank you for being on the taskforce. Are
you a midwife yourself? You said you are?
Ms. Duarte: No, I am not a midwife.
Councilmember Cowden: Okay.
Ms. Duarte: I am representing the public.
Councilmember Cowden: We have a midwife here, can I put her right
there?
Council Chair Rapozo: Is that possible with our high technology
that we have now? You keep mentioning "regulated by the DCCA," the
Department of Health has absolutely nothing to do with...and I am not talking
about midwives, because I think the part on the Bill about midwives is quite clear.
The Bill clearly talks about the requirements for a midwife, the training and
certification requirements. Is that correct that the midwives and the birth
attendants are two (2) separate things.
Councilmember Cowden: No.
Councilmember Carvalho: They are two (2) separate.
COUNCIL MEETING 75 MARCH 8, 2023
Council Chair Rapozo: Help me out. I am asking the question. That
is why we are here. Again, I am focusing specifically on the Bill, the original Bill,
you have the section on midwives and the requirements for midwives. Application
for license as a midwife, to obtain a license you have to provide the application, of
course the fees, because the State has to get their money, and proof of current
unencumbered certification as a certified professional midwife or a certified
midwife. If you want to be a certified professional midwife, there is a whole bunch of
other things. So, that is a midwife.
Ms. Duarte: That is what is defined in our law as a
midwife, so the definition for a midwife is a person licensed under this chapter,
right...oh, go ahead.
Council Chair Rapozo: Under the exemptions, though, when you
look at exemptions and it says, "A person may practice midwifery without a license
to practice midwifery if the person is"...and this is so bazaar, because it says you
can practice midwifery without a license if the person is a certified nurse midwife
holding a valid license under Chapter 457. So, as long as you are certified as a
nurse midwife, then you are exempt.
Ms. Duarte: Yes.
Council Chair Rapozo: A student midwife, and this is just another
one that plays on wording, but where it changes "direct supervision" to "under the
supervision," why was that change made? Does that mean that a direct supervision
means that person has to be there?
Ms. Duarte: It was changed because we included another
nationally recognized pathway to licensure.
Council Chair Rapozo: Right, but...
Ms. Duarte: We wanted to include...so those student
midwives that are in the process evaluation portfolio, so that they could also be
supervised as a student midwife.
Council Chair Rapozo: I know but under the supervision of that
person, that new amended section versus direct supervision... "direct supervision"
tells me if KipuKai is my trainer, he needs to be there when I am practicing or
learning.
Ms. Duarte: These amendments were made by the DCCA,
so it could include other pathway to licensure.
Council Chair Rapozo: Okay. The part that I am talking about is
Section 5 where it says, "A person acting as a birth attendant on"...and then you
have a list of requirements and I am trying to figure out...so DCCA is going to
regulate...DCCA is a business registration section, it is not a medical section. This
is bazaar that DCCA would be regulating...
COUNCIL MEETING 76 MARCH 8, 2023
Ms. Aoki: We got put into that.
Council Chair Rapozo: Excuse me?
Ms. Aoki: We did not decide that, they...
Council Chair Rapozo: I am just saying...we are all friends here, so
I am not one-side over the other. To be honest with you, I have not decided how I
am going to vote yet, because there are a lot of questions that I have.
Ms. Duarte: DCCA has created a midwife licensing
program, so if you go on their website, under the Midwives Licensing Program, you
will see midwife applications and birth attendant forms. That is why the midwife
licensing program is going to be the ones to continue to regulate the birth
attendant. The Executive Director of the Midwives Licensing Program Leann
Tsushima is the one who testifies for this Bill.
Council Chair Rapozo: Okay. Councilmember Cowden.
Councilmember Cowden: This is in response to the question that
Councilmember Kagawa asked from whoever the Legislator is that texted him.
There was a comment about safety for the mother and the child, and you are a
midwife, so how do you see fear as influencing the safety of the mother and the child
in the birthing process? The emotional head space of the birthing parent, I hate
saying that, I am going to say it "a woman has a baby," how does fear affect the
safety of both her and the child?
Ms. Aoki: From the mother's perspective.
Councilmember Cowden: From the midwife's perspective, do you find
that fear...if you are helping a frightened woman have a baby, is it different than a
calm woman?
Ms. Aoki: Well, initially we talk about all those things,
right...
Councilmember Cowden: I am saying at the time of birth. I am not
talking about the process. At the time of birth, if a woman is frightened, is she
going to have an easier time, a more dangerous time, or a safer time when the baby
is born?
Ms. Aoki: Depends on what she is frightened about.
Councilmember Cowden: Okay. Help me.
Ms. Aoki: Well, what I was trying to say is that it is all
in preparation, that is what midwives do. It is not just like, "Okay, here is the
birth," and then baby happens, and then see you later. It is the entire emotional,
spiritual, and physical component that we are preparing, it is preparation. Fear is
a huge part of it, worry is of both mother and father, and we address that in
COUNCIL MEETING 77 MARCH 8, 2023
preparation. How do we address it? We do a lot of counseling, actually, a lot of
tears, a lot of crying, and talking about what caused that and where that fear stems
from. At the time of birth, if it arises, we address it there too. When women are
afraid, it can slow the process of birth, because fear is a huge component of closing
down the openings. You are in a very vulnerable place to birth and if you are in
fear, you are in fight or flight, you are not in a, "Let me just open and be extra
vulnerable." That does not happen. When you are in fear, labor can be prolonged
for hours and/or days, and maybe they can have a traumatic birth.
Councilmember Cowden: Thank you. The reason why I asked the
question, so maybe you can say whether you think that is accurate or not, but
personally I am always the middle ground, I had a midwife in the hospital. I was a
little afraid of the "doctor" process, even though I really liked my doctor, but I was
afraid because I wanted my baby to have every possible advantage, I was one of
those who had difficulty having a child. So, nothing was going to go wrong. If
someone is frightened, if they are afraid to go into the hospital, are they going to be
more safe or less safe than if they are comfortable at home? One of my stories I
wanted to share was I have friends who were totally afraid to go to the hospital and
it was not much of a choice, so guess what, they went in the bathroom by
themselves, had the baby in a bathtub, and did not have a husband or anyone.
Granted not first births, but each one of those kids are totally functioning men that
have no problems, no drug problems, nothing, but when they had no choice, they
just went in the bathroom and had the baby. They knew what they were doing and
they were good, they had the baby in the tub, everyone I know has had the baby in
the water, even in the ocean. But safe and effective, if you are frightened, I am not
sure it is the right choice.
Ms. Aoki: Right, it is a personal choice.
Councilmember Cowden: It is a personal choice to not be frightened.
Ms. Aoki: Well, what are they afraid of?
Councilmember Cowden: They are afraid of the hospital.
Ms. Aoki: If they are afraid of the hospital, that is
something to address as well. In care, we address all the fears and the why. What
is it? If you go into a place of fear, again, it can affect your labor and emotionally,
spiritually, and physically if it affects your baby because you are not releasing and
relaxing to let go, I do think it is about...our job as midwives is to usher them.
Usher them through all the emotions and helping them become...meet them where
they are at. It is their responsibility to birth. We are not taking it on. We are
supporting them side-by-side to...
Councilmember Cowden: Thank you. I think you answered my
question.
Council Chair Rapozo: Councilmember Bulosan.
COUNCIL MEETING 78 MARCH 8, 2023
Councilmember Bulosan: I have four (4) questions for Kristi. How long
has the exemption been in place?
Ms. Duarte: The licensure law passed in 2019.
Councilmember Bulosan: If HB 955 passes, an exemption is extended,
will more people get hurt?
Ms. Duarte: Will more people get hurt?
Councilmember Bulosan: Yes, if it passes...
Ms. Duarte: The Department of Health data shows that
there is not an issue. That is what was testified prior to even licensure being
required and the data in 2021, which has been available also shows the safety of
planned home birth.
Councilmember Bulosan: Okay.
Ms. Duarte: In our State.
Councilmember Bulosan: If HB 955 does not pass and does not get
extended, what happens to access to care for moms?
Ms. Duarte: I think it is very dangerous because at this
point the only options they have is what the government is allowing them to have,
which is what they do not feel safe with.
Councilmember Bulosan: If that happens, then what happens to
pregnant mom's choices for birthing processes, if does not get extended?
Ms. Duarte: They lose choices and their only choice is to
either be touched by someone they do not want touching them or birth at home
alone, which I would say I would not want happening.
Councilmember Bulosan: Do you know people born and raised here in
Hawai`i that if they had the choice to have their kids here, and if this passes and
they cannot have their kids here, would they move away? Do you think that is
something feasible?
Ms. Duarte: I do not think they would move away, I think
it would go underground. They could move away. I cannot speak...but there is a lot
of people. I mentioned there are people sleeping in these high winds, their tents are
ripped down outside the capitol, these are all women. It is just not going to provide
a safer situation if this is not extended.
Councilmember Bulosan: My last question, in your opinion if this does
not get extended, we might create more harm for birthing moms...
Ms. Duarte: Yes.
COUNCIL MEETING 79 MARCH 8, 2023
Councilmember Bulosan: Thank you.
Council Chair Rapozo: Are there further questions? Councilmember
Carvalho.
Councilmember Carvalho: You are a licensed midwife?
Ms. Aoki: Yes.
Councilmember Carvalho: And you are supporting the position that
birth attendants also have to be licensed or in regulation as well?
Ms. Aoki: I am supporting the birth attendants to be
regulated, yes.
Council Chair Rapozo: "Regulated" does not mean licensed though.
Ms. Aoki: No.
Council Chair Rapozo: He is asking...
Councilmember Carvalho: Yes, I am asking the licensed part.
Ms. Aoki: Okay. I do not think the license makes a
difference in terms of that you would be a better provider or a lesser provider.
Councilmember Carvalho: Okay.
Ms. Aoki: Because I have definite experience with
license providers that I would definitely not choose that person. It is not because
they are licensed that we decide who to go with. I know it is one-way of categorizing
to create a status and approval, and I think traditional midwives or birth
attendants, are as valid and appropriate care providers with the same skillset as a
license provider. They go through the same skills, the same number of births that
they need to attend to qualify for a license. They pass the same exact exam. I think
it is a big part of the cultural and traditional aspects that does not get passed on if
you do not continue with the apprenticeship and that direct life experience that we
have, that we learn from women. What I learned is from sitting at births with
women, with my midwife, and what she showed and how she directed me is how I
learned to be a good midwife. We can all read books and take a test and get a
license and a lot of people I know do not practice because they did not get that
direct experience to feel the confidence, but they have the license, but if they do not
feel confident to practice because they lack that apprenticeship, that experience...I
am not going to that person just because they have a license for care. That does not
make me feel safe. I do not know if that answers your question.
Council Chair Rapozo: I am assuming midwives charge for your
services, correct?
COUNCIL MEETING 80 MARCH 8, 2023
Ms. Aoki: Yes.
Council Chair Rapozo: That is probably why DCCA is consumer
protection, that is probably why they put them in there, it makes no sense, but that
is probably why they put them in there. What assurances are there based on the
Bill that someone looks in the "yellow pages," or online, and they find birthing
attendant or midwife. If we do not have a requirement for licensing, how can we
ensure that person is going to be safe and qualified to go do what they claim they
can do and get paid. Barber shops have to be registered and certified and licensed.
Private investigators, I used to be a private investigator, and I had to go through a
ringer to get a license, because they wanted to ensure the public that when the
public is paying me, that I show the State that I have the qualifications to be a
private investigator, same like the barber, same like a lot of these professions.
Without licensing, how can the lady that just moved to Kaua`i, does not know
anyone, wants a midwife, finds one, how can she be assured that person is trained
and going to be treated...
Ms. Duarte: Because the birth attendant is required to
disclose three (3) different things: their training, their education, and if they have
had any misconduct or civil lawsuits or criminal conduct related to this midwifery
profession. That is more than a licensed midwife is required to disclose. A birth
attendant is actually required to disclose more to the client than a licensed midwife.
Ms. Aoki could probably speak on, if there is a complaint or grievance, I believe it is
the same, whether it is a birth attendant or a licensed midwife when it comes to a
lawsuit being filed.
Council Chair Rapozo: But it does not specify the training and
education. In the Bill, it does not, it just says you got to tell of your training and
education. It does not say that you need to show that you are trained in midwifery.
There is no assurance to the public, based on the Bill as it is written...do not get me
wrong I agree with midway, I was actually a midwife back forty (40) years ago, not
by choice. I was a cop, I got called to a domestic, went there, lady wide open legs on
the couch, and gave birth to her fifth child in my hands. I had no training. I almost
threw-up. All I knew was to boil water and get towels. Boil water for what? I do not
know, that is what I saw on television, I never got trained. My point is there is no
assurance to the public, when I go online and I call this person, they are not
obligated to tell me they were trained in any type of medical training for these types
of things.
Ms. Duarte: They are required to disclose their specific
training and education that they had received...
Council Chair Rapozo: I know but this is what it says, "persons
education"...oh, you have to tell the person that the person's education and
qualifications have not been reviewed by the State.
Ms. Duarte: No, that is not it. I am sorry, the winds are
high that I cannot access the internet on my computer, but on the actual disclosure
form, which I emailed everyone yesterday, it discloses specifically bullet points that
they are supposed to disclose. It is not just saying, "Well I am not by the State," I
COUNCIL MEETING 81 MARCH 8, 2023
think that is a good start, so that if someone has a red flag, they can say well I do
not want someone who is not recognized by the State, but they are required in the
disclosure form to disclose form to disclose exact training and education that they
have or have not received.
Council Chair Rapozo: But there are no requirements for training
and education.
Ms. Duarte: There are no requirements listed specifically,
but women want to choose different types of training and education.
Council Chair Rapozo: I got it. I understood. Are there further
questions?
Ms. Aoki: Do you understand that the difference
between the PEP process that we have been talking about?
Council Chair Rapozo: What process?
Ms. Aoki: The PEP process, the portfolio evaluation
process.
Councilmember Cowden: What is PEP?
Ms. Aoki: Portfolio Evaluation Process. That is the
apprenticeship pathway that students can take and you must do the same skillset
and attend the same number of births, and take the same exact exam as a licensed
midwife, who is eligible for licensure. That is part of the pathway that we are
requesting to continue, because that is the same exam, it is the same education, but
that is what the PEP process is. That is recognized by the national organization,
which is the North American Registry of Midwives who certify these apprentices
that take that apprenticeship pathway to become a midwife. If they choose to take
that exam then they become a certified professional midwife. Currently, if this Bill
does not pass, that pathway, even though you are taking the same, you would
probably get a better education, but the same skillset, the same birth, and same
exam, but they do not qualify for a license.
Council Chair Rapozo: If not pass, why would the Bill not be
prohibited or why would that not be able to happen?
Ms. Aoki: Because they are not Midwifery Education
Accreditation Council (MEAC) accredited. They oversee certain types of school.
There are many midwifery schools, but there is only five (5) or six (6) MEAC
accredited programs, and so Act 32 made it so that you can only go through a
MEAC accredited program in order to become a midwife in Hawai`i, and then you
can qualify for a license. Our point is that it is the same exact exam if you come
through an apprenticeship pathway or if you go through a MEAC accredited
program.
COUNCIL MEETING 82 MARCH 8, 2023
Councilmember Cowden: I have a line of questioning, it will not go
long, but it is intended to show something that I think you are not understanding.
Council Chair Rapozo: I understand perfectly well. Listen, I am
going to read this testimony because...
Councilmember Cowden: Can I ask my questions?
Council Chair Rapozo: I am going to read this testimony because I
want to get their response as well. This was submitted to the Legislature back in
February from Ahahui 0 Na Kauka, I am sure you all read this testimony. "Ahahui
O Na Kauka is an organization of Native Hawaiian physicians dedicated to the
health of the people of Hawai`i. We recognized that there is mistrust among Native
Hawaiians and other indigenous communities towards western medicine. There is
still much western medicine can learn from traditional practices to improve the
health of our makuahine and keiki, mothers and babies, as physicians have moved
away from outdated practices, such as immediate ambilocal cord severance or
separation of mothers and babies after birth, and have made traditional practices
such as skin-to-skin bonding between mothers and infants immediately after birth
now, the standard of medical care. Such practices can coexist with lifesaving
standards of care in modern medicine, particularly in the early recognition of
complications during pregnancy, labor or neonatal care where timely referral
advanced medical care services can prevent permanent disability or death. A
recently published study in 2022, based on data from the State of Hawaii and the
Neonatal Intensive Care Unit at Kapi`olani Medical Center for Women and
Children demonstrated that infants with hypoxic brain injury were three times
more likely to have had a planned home birth in Hawaii." There was a reference to
the study here and I can provide that. "Our makuahine mothers in Hawaii have
the right to decide where to give birth and with whom as their birth attendants.
They have the right to seek reproductive justice, defined as a human right to
personal bodily anatomy and have children in a safe community. This proposed bill
seeking to allow any person to practice midwifery without a license completely
undermines the Hawaii Midwife Licensure laws intent to ensure that home birth
occurs as safely as possible with appropriately license and skilled providers and
thus undermines the ability of the wahine to seek reproductive justice. While there
is already a provision in the original bill that exempts Native Hawaiian healing
practices, this proposed bill seeks blanket exemption to allow any layperson midwife
to manage a woman's pregnancy, labor, and newborn birth regardless of their
education, training, or skills. While creating pathways through which individuals
may obtain licensure as necessary, more information is needed to determine
whether including the North American Registry of Midwives portfolio evaluation
process as proof as successful completion of a formal midwifery education and
training program is significant. Additionally, more information is needed regarding
the supervisors of the portfolio activities would include currently unlicensed birth
attendants and whether they would be able to effectively provide appropriate
supervision and apprenticeship to midwifery trainees in Hawaii. Rejection of HB
955 will ensure that wahine who choose to have homebirth, will be attended by
competently skilled providers with eke to both embrace traditional cultural values
and advanced medical interventions when needed to achieve optimal health balance
of spiritual, physical, mental, and social well-being." This is submitted by Ahahui 0
COUNCIL MEETING 83 MARCH 8, 2023
Na Kauka, just so that you know, this is made up of Dr. Marcus Iwane, Dr. Martina
Kamaka, Dr. N. Mahealani Lum, Dr. Kara Wong-Ramsey, Dr. H. Kaleleonalani
Blaisdell-Brennan, Dr. Kapono Chong-Hanssen, Dr. Ku'ulei Christensen, Dr. Leah
Dowsett, Dr. John Timtim, Dr. Nina Baker, Dr. Ka`ohimanu Dang, and Dr. Chelsey
Ruth. That is what they submitted in testimony, is there any validity to what they
said?
Ms. Aoki: I would just like to say those are doctors'
opinions.
Council Chair Rapozo: Which I hold quite highly, by the way.
Ms. Aoki: No, no, no...yes, I know, I do too, it is just
that we are not (inaudible), we do not practice that, we are not medical care
providers, we are midwives. We provide midwifery care and that is a really very
different way of practice.
Council Chair Rapozo: Is it like doctors and chiropractors.
Councilmember Bulosan: That is actually the analogy I want to
explain later.
Ms. Aoki: I feel like we are continuously are getting
pushed into paralleling or wanting us to be like...not like Obstetricians, but we
keep getting compared to (Inaudible) and we do not practice (Inaudible). They are
wonderful in emergency and they are amazing surgeons, right...they are actual
surgeons. We do not do that. If we need help and support, that is who we go to for
that type of need. The low risk, the women that choose and believe in their own
selves and their bodies how they want to receive care, it is their choice. They can
choose to go to an obstetrician and lots of people do, and that is wonderful for them,
but there are lots of women who want midwives because they see the connection
and the bond that is necessary for them to go through their birth process. I know
that they did not withdraw their opposition, but just from the inside scoop...
Ms. Duarte: Sorry, my phone died or is giving me issues. I
talked to Ahahui 0 Na Kauka, when I read their testimony that said they needed
more information, I did reach out to them and they thanked me for all my
information and I was told that when it came to the Finance Committee, they would
submit comments only and they are no longer in opposition. I have also been
talking with Papa `Olelo Kahi, who has been in support of HB 955 and making calls
every single day trying to get this Bill to move forward to be put to a floor vote. In
regard to that study, that was 2014 through 2018 data. I have the Department of
Health data from 2019 to 2021 and there were zero babies born in planned home
birth with adverse serious injury or maybe Health Information Exchange (HIE) or
anything that would fall into that category, because I have the data. It shows every
single baby that needed oxygen, oxygen for six (6) hours, going into Neonatal
Intensive Care Unit (NICU), and there were zero from 2019 to 2021. I just wanted
to point out that this has been something that we have been trying to work on with
the community and those who opposed and not against, and also the Health Chair
has worked on amendments. This is a Bill that is still not set. We want
COUNCIL MEETING 84 MARCH 8, 2023
amendments. We certain things put in and we need those things so that everyone
feels that there is someplace we can come to where we can all agree within the
Legislature that the training and education is enough.
Council Chair Rapozo: Thank you. Are there further questions? If
not, thank you. We will call the meeting back to order unless there is further public
testimony. Does she still have time for this item? Real quick because we had told a
Zoom testifier that we ended the public testimony. Go ahead, since you are here.
Ms. Cummings: Sherri Cummings, Malama Anahola,
beneficiary of the trust, Native Hawaiian. This is silly, what is happening right
now. Take it back to when we inhabited these islands. Hawaiians did not have no
such thing as westernization. This is how we practice when we give birth. There
was no eke western wise regarding how to give birth. We would take our hands, we
would lomi, when we cannot bring through the canal, there are proper practices so
that we can make our babies come out. To even discuss and have this brought up
before DCCA where we need to be regulated, I am not too mauau with what is
happening, I am just sitting here for one particular reason, but all these things
coming up regarding Hawaiian issues. To say we have to be regulated for our
practices, because this is what we did forever, that is ridiculous. Before white men
came here, we had a population, which is beyond anyone's recognition, that is the
only way we gave birth through this type of way of how we hanau our babies. I do
not think this should be even debated. I think this should be passed. I was just
telling this lady here...I do not even know who she is, move it out of Finance, put it
into a Hawaiian Affairs Committee where we can help, because this is the types of
things that we have to make sure our cultural practices...because this is our
practice. We are not going come before people and say this is how we give birth, but
this is what is happening. To even put a label upon...I do not want to say
commercialization, but to say things to prohibit the way as we, as kanaka, make
decisions, to me that is wrong. I asked that you folks pass without even considering
any type of prohibiting the people behind me to take it up to let the Legislature to
decide. That is all I have to say.
Council Chair Rapozo: Thank you. Mr. Hart, real quick. I am going
to get hammered because the Zoom person was denied.
Mr. Hart: I will be quick. Wow! First, I appreciate the
concern, especially Councilmember Kagawa, you receive these texts, this is
confusing now to me. It is confusing and yet we are under the wire. This is
supposed to go tomorrow. I tell you, I am undecided, just like you, Chair. I do not
know what to do right now, because my primary concern when I saw this on the
agenda is the health and safety of the mother and the baby, so I do not know what
to do.
Council Chair Rapozo: Go ahead, Zoom.
PAHNELOPI MCKENZIE: My name is Pahnelopi McKenzie. I want to
thank you for holding this serious meeting and thank you for letting me testify. I
did submit written testimony and so I will stand on that. I just want to say that
safety is the upmost concern that we are all very concerned about. This issue is
COUNCIL MEETING 85 MARCH 8, 2023
much...this is about midwifery and this is about a path of choice, this is about the
rights of us to have a choice of who we are cared for, but it is also about safety. It is
about the maternal health crisis that America is in. When we look at safety and I
am hearing you talk about certification, but the truth is certification is not making
people safe. In hospitals, we have sixty percent (60%) to eighty percent (80%) of
unnecessary deaths happening to our people by people that are certified. With the
traditional midwives, we are not seeing those numbers, so it is very clear that the
education system and the certification system is not what is keeping people safe. We
have to move past thinking that we do not have to look at the people that have
these certifications and credentials and the name M.D., we have to be looking at
that. We have to be looking at the neglect that is happening to mothers in the
hospital. It is extremely serious where we are at. I think through time, we continue
to place focus on the midwives, that the midwives are not safe, but that is not true.
The data shows that is not true. Yes, the concern for safety is real. But the concern
of who is not safe is not the midwives. The midwives are regulated by one another.
Midwives provide absolutely amazing care and as far as those doctors, (inaudible)
field is so important, absolutely, they are the expertise of surgery, of problems, and
midwives want to work in collaborative care. But with the continued criminalization
of midwifery, we ruin collaborative care. Midwives are always trying to work in
their community. Eighty-five percent (85%) of midwives that exist, it is only two
percent (2%) of midwives actually serving. When we look at the Center for Disease
Control (CDC) information, these statistics of this industrialized maternal health
crisis is in the hospital, it is with these doctors. The hypoxic study—that has been
shown that that was a faulty case study and there are doctors that are standing by
that saying, that is not a study we should be using against midwives. I really think
it is important that we remember that licensure is not what makes people safe.
They are liable by insurance, but the Health Department has said yes to HB 955,
the Consumer Protection has said yes to HB 955, the DCCA said we will continue to
regulate, Papa Olo Lokahi...there is so much support for this Bill, so yes, it is about
safety, but midwives are not the things that are not safe. Our women are dying.
Our babies are being neglected in a hospital system that has legalized
manslaughter, legalized violence for no reason. They do not know normal. They
know surgery and so we have to stop criminalizing midwives and start looking at
maternal health. Midwives are not the problem. They really are not. The education
system is based in a very narrow scope of what is actually midwifery, what is
actually care, and they leave out all the other practitioners that care so much and
have so much to share, and you will notice that the Midwifery Organization (MO) is
all settler midwives, all licensed, and all white, and they are basically participating
in this law as if it was 1920 and they are continuing to say that they know best and
they do not know best. There are so many midwives from around the world;
Japanese midwives, their numbers are doing good, New Zealand midwives, they are
doing, America is not doing good. We cannot standardize Hawai`i based on
American statistics. It is wrong and it is violent and we must have HB 955 be a
part of this law, because who is getting hurt is the sixty percent (60%) to eighty
percent (80%) of people who are being born in the hospital. It is not the people that
are born with midwives. It is just not...thank you for hearing me. I am just a
community member, I am not a midwife, but this is a very serious issue and we
must work together to get us out of this maternal health crisis and the midwives
are not where we need to put the focus. They are not hurting people, they are safe,
they are safe, they are so safe. We must protect the midwifery and we must protect
COUNCIL MEETING 86 MARCH 8, 2023
birthing people, and we must end this maternal health crisis by holding who is not
safe accountable. That is all I have to share for now, but if you have any questions, I
would love to answer to the best of my ability.
Council Chair Rapozo: Thank you. Let me just say we had two (2)
babies. One was born with a heart issue, the baby was born in the hospital, and I
was very satisfied with what happened in the hospital. I do not know if people think
we are trying to throw midwives away, that is not what this Bill is about. I think
this Bill is about protecting midwives. I do not think anyone on this table has ever
mentioned anything about or disrespecting midwives and thinking it is not a good
thing. I think it is a great thing, but I also will sit here and say that we have had
our share with medical issues with our kids and have all been successfully treated
in hospitals around this State. I think to say eighty percent (80%) of the hospital
kids are mistreated, I think that is an unfair assessment.
Ms. McKenzie: That is data that is being shown by the CDC,
(inaudible), and the World Health Organization—that is their data.
Council Chair Rapozo: That is your opinion. I am just saying I do
not want to vilify doctors and hospitals and likewise we are not vilifying midwives.
It is not about that. We have heard from everyone that having a child born with a
midwife is extremely happy and that was a good thing. This Bill is simply about
regulation, like everything else the State does, and at the end of the day, the State
will decide.
Councilmember Cowden: Are we ready for discussion?
Council Chair Rapozo: Yes.
Councilmember Cowden: Because you are doing discussion.
Council Chair Rapozo: Yes, yes, I am, but when someone comes up
and testifies and makes a statement like that...
Councilmember Cowden: Okay, so I have a follow-up comment.
Council Chair Rapozo: Go ahead. The meeting is called back to
order.
There being no further public testimony, the meeting was called back to
order, and proceeded as follows:
Councilmember Cowden: I want to say part of the reason why there is
some accuracy in what she said that high risk pregnancies are typically directed
through obstetric care. If it is really high risk, they are already set up here or at
Kapi`olani. People do not go to a midwife if they know there is a problem. I do not
know anyone in their right mind who does. That is not where that happens. I was
in this movement before I was in office, at least five (5) years, on my radio, all
different types of ways. Like I said, I chose to have my baby in the hospital, but
legislative behavior like this is profoundly eroding public trust. I think what has not
COUNCIL MEETING 87 MARCH 8, 2023
come up is the (Inaudible) that happens in the hospital and this progressive
regulatory increase, because once someone is forced to do something, even like the
vaccine schedule on kids, there was almost nothing when I was little. I think I had
five (5) and now it is seventy-five (75). People are afraid for several reasons. You
shared your story; I am going to share mine. This was ten (10) years ago or more. I
had a person who was houseless call me, she was going into labor with twins at
seven (7) months, I was not even going to take that in my house, she wanted to have
her babies at my house. I said that was a view of high risk of pregnancy and I told
her no and that she needed to go to the hospital, she would not go to the hospital
because she thought they would take her babies. Where she went was to the
estuary in Anahola and then she called me from down there. I went down there and
the first baby came out fine and the second one was just coming out when I got
there and she was blue. I was nervous. She was so afraid to have anyone called
down there. I called Dr. Scott Sims, this was a veterinarian, because he would help
a horse in labor or whatever, but he would not come. I called an ICU nurse who
came and I told her bring oxygen, what do I know, right? The nurse came down and
worked on the baby, eventually I did find out like five (5) months later, the baby did
have some heart murmur, so there was a problem. That ICU nurse ended up
calling the hospital and I honestly felt better that the baby went to the hospital, but
guess what they took those babies, and they took them away permanently. She
could have raised them, she was not in a perfect situation, but her babies were
taken. That is another reason why people will go to the hospital. I am hoping...the
question I was going to ask Ms. Aoki, I do not need an answer, but do they take
someone who does not have the money to pay. What I see is that when we have the
kind of (Inaudible), then you do not have the choices. In these past few years, we
have just seen medical freedom taken from so people. Also, what had come up and
what I want to support is that the things end in flow are not always availability of
doctors or even the people with the right paperwork. I know I had a pregnant niece
in a difficult pregnancy who came to stay with me when she was four (4) months
pregnant. I could not get an OBGYN appointment or even a midwife appointment
until she was maybe seven (7) months along. We sent her to a different sister. She
had the baby in another place, because I failed to have some kind of support,
especially...the baby is fine...but it is not as cut and dry as you say. I do not mean
to be sexist, but I am going to be. A man does not know what it is to be having a
baby. You can be a concerned father, but it is a completely different experience
when it is your own body and your own fear. I so wholeheartedly support...I cannot
more passionately say how important I think it is and how much I trust that this
group is going to do a good job on this. I spent probably five (5) years on this, going
over to the Legislature, talking to different parents, being involved, and I am
relatively conservative, right? I have vaccinated my children and have had them in
the hospital and that was where I lived, not the kosher thing to do. I so hope, I
strongly urge us to complete the consideration of this Resolution, so it can pass and
I hope that Maui County and Hawai`i Island do the same thing. They did already.
So, I want to stand in unity with them, with our families, with our other island
counties, and encourage our Legislators to not get away with what Kristi had said,
because that is what they do. They just do not put it on the schedule. It is a lack of
democracy in our legislative structure. They can just simply not put on things on
the agenda and when they had the support that they had...I thank you, because it
is stressful for me, even when I think about that mother being separated from her
children. By the way, I have known one child born at home that I thought should
COUNCIL MEETING 88 MARCH 8, 2023
not have been born at home, very, very stubbornly born at home, ten (10) days
beyond delivery. That child has cerebral palsy (CP). I do not know if it is related,
but I would worry. It is not like I have never seen a difficult situation. I am
thankful for hospitals to be able to take care of a baby's heart at birth. I have faith
that Hawai`i Birth Collective uses what they are working on and I want to support
this.
Council Chair Rapozo: Thank you. Councilmember Bulosan.
Councilmember Bulosan: As the introducer of the Resolution, I
wholeheartedly support my Resolution and the last few weeks have been a
tumultuous journey as a healthcare practitioner. I practice chiropractic, I specialize
in the upper neck, the nervous system, and my profession is about one hundred
(100) years old and it has been run parallel with a lot of what midwives have gone
through—the last one hundred (100) years, just what is going on. I really
appreciate our community here on Kaua`i. I appreciate the ability to be on this
Council with my healthcare background, because without my healthcare
background, this would actually not be on this table. I do not think this Resolution
may have not come here or the review of HB 955 worth following what was
happening with midwifery in Hawai`i...only because we need representation and
that perspective. I brought forth this Resolution because I saw what was going to
happen to or may potentially happen if HB 955 does not pass and that this does not
get extended that basically moms and potential birthing moms in Hawai`i will lose
access to care and have higher risk of not getting the care they need, and potential
new keiki that come into life here may not get the care they need, that potentially
Nikki and I consider having kids, this path of wanting to have kids and how we
birth our own kids, will not be available to us. It is disheartening, sad, and
unfortunate that the State Legislature cannot see the clear decision of wanting to
bring this forth, pass it, and continue the path of making just laws, so that access to
care can be a social norm and not a wish for a lot of people. I just have to say this is
such a refreshing place to be, to be able to have this on the agenda and I just have
to say thank you to our Chair from the get-go you said, as long as we submit things
to be on the agenda, you will allow it to be on the agenda and to be heard. I just
cannot fathom why this is not being heard at our State Legislature, so that the
community can share. It is super sad, it is heartbreaking to hear people doing
stand-ins and sleeping over at the State, just so they can get care for birthing. That
is hard to imagine that in 2023 we must fight for that on International Women's
Day. I am not even a woman and I have to fight for this. This is just a resolution to
say please listen to it tomorrow, please bring it to the floor. It is just to listen, it is
not even...we think resolutions have no weight for some people and this might have
because it going to join Maui County and Hawai`i Island. We hope that it will make
an impact on people's decisions to bring this to the floor. Regardless of what
happens here on the vote and if this Resolution passes, I obviously want it to pass,
this is my "call out" to Speaker Scott Saiki, please bring it to the floor, please. It is
important. I have more to say about it, but I wanted to hear what everyone else's
thoughts are.
Council Chair Rapozo: Is there anyone else? Councilmember
Kagawa.
COUNCIL MEETING 89 MARCH 8, 2023
Councilmember Kagawa: I think the reason you are not hearing the
Bill is the votes are not there. For them to put it on the floor and to put their names
on who is for and who is against is not the style of the Legislature. It does not work
that way. If they know the votes are not there, they stay in unison and will let it sit
somewhere and not be heard. This practice has been happening for years and I do
not think we are going to change it today. Apparently from the Legislature in 2019,
there were a set of things that were laid out for the group to do to get it passed, and
now three (3) years later, those issues have not been resolved. Those issues are
handled by the Legislature. This is not the Council of the County of Kaua`i's
function to make that decision. All we are doing is trying to pass a resolution telling
the Legislature what they should do. This is not the place to debate it. We have so
many County issues that need our attention, we just talked about homelessness,
affordable housing, et cetera. This is an issue for the Legislature. In my eight (8)
previous years we have ever introduced a resolution to tell them what to do. They
do not like to hear that—the County contradicting them. That is how you build
bonds, because they will hold it against us later. When we are asking for something
that our Kaua`i people need from the State, they will say, "Why did you support that
resolution, we told you the reasons for it." Again, reading back from the text
message that I received. "Since 2019, twenty-four (24) women got certificates to be
midwives under the regulatory process. There was a separate process for
traditional birth attendants through Papa Ola Lokahi." Obviously, this issue has
been on the news, I have seen Channel 2 news. I have seen it about four (4) times
where they covered the group that is sitting in front of Kyle Yamashita's office, and
then they are sleeping over at the Capitol. I am sure if you are on the Channel 2
news, the Legislature is paying attention about this particular issue, because they
have to answer to their constituents. "I am watching the news, what is going on
with birth attendants"? They know the answers or they have the solutions to what
you folks need to do. I think coming through the County Council is not going to help,
but anyway that is just my opinion. I am going to be voting no. Thank you.
Council Chair Rapozo: Is there anyone else? Councilmember
Carvalho.
Councilmember Carvalho: I appreciate all the discussion, I totally
support midwives, birth attendants, and the process. There is a place for
everything. My wife, Regina, has been a registered nurse for thirty (30) years, and
she retired. She has been at that table and I understand that totally. All of our
children have been born in the hospital. I have nothing against options or choices,
but I do...I have a concern about having it regulated somehow, not in this way or
that way...just some type of regulation. I know you are going to say, "Yes, it is,"
okay, fine. There are other areas that seem to be not fully on the table, if you will.
After all the discussion that has happened and trying to look for balance, yes, the
Legislature has their process of what they need to go through and how they need to
follow-through, and if this is something that was moving in a very positive way, it
would have passed no problem—in the Senate and the House. Having gone through
the process and other issues. I just wanted to say that I am still at the point where
I feel there is support, but at the same time on the hospital side and trying to
assure that no matter what side it is, there is some type of support and regulation
in place. That is what I am hearing we need. There is an emotional side, there is
the responsible side, and as a councilmember, we have to look at things that are
COUNCIL MEETING 90 MARCH 8, 2023
really going to affect everything else. That is just my mance() and where I am
coming from.
Council Chair Rapozo: Is there anyone else? Councilmember
Kuali`i.
Councilmember Kuali`i: The main thing I wanted to say is that I
appreciate...and mahalo nui loa to everyone who came forward to testify. I thought
that your testimony was very thoughtful, compassionate, and thorough. I learned a
lot from a lot of you here and some virtually. I came into this assuming that I
would support it and hearing from you only made me feel more strongly that I need
to support it, and yet, I thought this vote was going to be an easy vote for this
Council. I understand, too, because we spent some time on it today, why some of my
fellow councilmembers have concerns, but I am not going to share their concerns, I
am going to side with supporting you folks and all the testimony I heard today. I
will support. Thank you.
Council Chair Rapozo: Is there anyone else?
Councilmember Cowden: I have a final thing to say.
Council Chair Rapozo: Go ahead.
Councilmember Cowden: I am so passionate about it. I want to say I
am willing to personally risk retribution. I am willing to do that, because I think
nothing is more important than personal medical freedom and individual
sovereignty, which we have been increasingly losing. To me, this is not about the
health and safety of a child, because I have looked at it close enough over the years.
What this is about is commercial control in a number of years where we have been
deeply about commercial control. I am not suggesting for you men that it is about
commercial control, I am saying the movement that is demanding complete
immediate obedience and subservience to what some group of people, somewhere
where some acronym says, we have to break free of that. We have to find our
healthy peace. This is not about heart surgery. This is about something as natural
as being alive, so my expectation is that we are going to have increased
underground birthing and that even in our encampments, we had a sixteen-year-old
deliver in a dumping rain at Anini in lightning and I did not call on that, because of
what happened to those other two (2) babies, and the baby is fine and she has him—
he is a year-and-one-half old.
Council Chair Rapozo: Thank you. Councilmember Bulosan.
Councilmember Bulosan: I definitely understand the sentiment that
Councilmember Kagawa is sharing, I understand the truth behind it. If the truth
behind it was a straight shot, this should not even be a resolution needed at all.
Being in this room and having this discussion is unfortunate. I am really grateful
because we are having this discussion. This body does not vote on this. I am so
happy how much Councilmember Kuali`i has learned. There is a parallel between
chiropractic and midwifery. The last person that got arrested as a chiropracter
practicing chiropractic was in the 1980s and it is because they thought they were
COUNCIL MEETING 91 MARCH 8, 2023
practicing medicine. There were some laws changed that made it to really
understand that chiropractic is separate from the practice of medicine, that when
we care for as a chiropractor, it is chiropractic care. Basically, what is happening
here is that we are going backwards on midwives. Say this does not pass and on
July 2nd a midwife that is certified, who has the skills to take care of someone that
can practice the care and can do it, and have been doing it for thirty (30) years, well
now, potentially, be arrested for practicing illegally. That is just how it is going to
be now; we are going backwards. Because it is close to me, as a practitioner, it is
hard to accept that as a possibility. When I introduced this Resolution, when I
looked at worst-case scenario, that is what the worst-case scenario that we are
looking at. This exemption will allow them to be able to practice legally and be
regulated and to do it the way it is supposed to. This is so unfortunate that it had to
be in this situation. Again, I wholeheartedly support this Resolution as an echo to
our legislators and to just acknowledge all the wealth of knowledge that we got to
learn today and the support that we had to have this discussion. If tomorrow
happens and it is not call on the floor and this Resolution passed today, at least the
people of Kaua`i and all the moms who will lose that access to care on July 1st, at
least they knew that we stood up for them.
Council Chair Rapozo: Is there anyone else? It comes down to me, I
guess. Let me just say that the biggest travesty in all of this is the fact that the
Legislature can just kill something without having a public process. I want to make
that known. That is not right. You saw what happened earlier when the power
went out. The State Legislature passed a law that puts such a restriction on us
about what we can and cannot do, and yet one person, the Committee Chair can just
pretend this does not exist. That is the travesty. I am pissed off. I called this office
yesterday and was assured of a phone call back and they never called me back. His
office. I never spoke to the chair, but I spoke to his office person. That is the real
travesty. So, the public does not know which representative supports it or not. The
chair will take the bullets, whatever, he does not care—business as usual. I can tell
you that unless some miracle happens tonight, this is not going get a hearing. This
is from the people that I know at the Legislature who I called yesterday. That is the
reality of it. It is unfortunate. I will tell you what the turning point was and I am
going to take her word for it, for me, was when Kristi came up and said they
introduced the bill in 2020, 2021, 2022, and in those three (3) years...now, Kristi,
please do not...I am going to check...I will never talk to you if you lied, 2020, 2021,
and 2022, the birth attendants did their part, if what she said is true. They
submitted bills and recommendations and the same garbage happened—we just not
going hear them. Just put them in the "We are not going to pass it shelf," as so
many bills get to. The chances of this Bill passing anyway is rough, because it
already failed out of the Senate. You have to understand, it has to pass both sides.
It has to crossover, it has to...and for the life of me and what bugs me is that, again,
the attempt was made to go ahead and give the Legislature what they needed to
create a bill that was going go properly regulate midwives, that is the travesty. I
guess we could too...I guess I could have told Councilmember Bulosan, "No, I am
not going to put it on the agenda," but then this would be my last term. The
Legislature, no one knows who is yes or who is no, because there is no transparency
at all. The other part that really...I go to the barber shop, I have not gone in a
while, but I go to a barber shop, he is licensed, but if all of a sudden he retires or
loses a license, I would still get him to cut my hair. I would. I think the impact on
COUNCIL MEETING 92 MARCH 8, 2023
the industry...if my wife is pregnant and she says, "I want to get Mieko to be my
midwife," I would not care if she was licensed or not. My wife wanted Mieko to be
her midwife, guess who she is going to get as her midwife, I would get Mieko,
whether she has a license or not, because that is her choice. That is the secondary
part of my decision today—it is about the choice. It is about the mother's choice of
how she wants to handle her pregnancy. Like Council Vice Chair Kuali`i, I learned
a lot today. I was not lying when I said earlier that I was undecided, I really was.
Sherri, your testimony was...the visual was "Wow, why are we overcomplicating
this." Back in the day, they never worried about who or what, you know? I will say
in many cases and I am going to defend the hospitals and the doctors, when you
have a problem during pregnancies, the last place you want to be is in your bath tub
with someone who does not know what they are doing, especially here on Kaua`i.
We do not have a Kapi`olani Hospital. If you are on the North Shore or on the
Westside, good luck. I realized that. At the end of the day, the choice is the choice
whether you are licensed or not licensed. That is the choice of the mom. Obviously,
I am going to be supporting this today, but understanding I personally on the public
safety side do not think that we should allow no regulation and that no one should
be checked. I am going to use a chiropractor as an example. What if
Councilmember Bulosan never had a license, but someone told me that he was good,
he had a good teacher. I go and see him, he gives me a couple adjustments,
paralyzed, then what? Same thing with childbirth. You do not know what you do
not know. I told my story earlier and back then we did not have portable radios as
cops, so I had to run to the car for tell dispatch, "This is not a domestic, someone is
giving birth, send the medics," and I could hear the sirens coming and I am telling
this woman, "Wait." But the head was coming out already and I had the towels, I
had the boiling water, and the baby came out like a rocket, along with everything
else that comes out with babies. That was the nastiest thing for a nineteen-year-old
to see. I was not going to suck their nose and mouth, I am not touching...I put the
baby right on the mom and I said, "Here is your baby," and I hear the ambulance
coming closer, and thinking, "Hurry up." The medics finally came and they did what
they do, they cleaned the baby up, they checked the mom. That was her fifth child,
so the baby came out pretty quick. The medic asked me if I wanted to cut the cord
and I said, "No, I want to get out of here," but he gave me the scissors. Remember, I
am nineteen (19) years old. I put the scissors on the cord, he clamped it, but it kept
sliding out of the scissors, and I was ready to pass out. Finally, it was cut and the
blood squirted. Yes, real graphic, but imagine if never had the medic, imagine if it
was just me, or imagine if it was an untrained, unsupervised midwife or "mom's
friend." Who knows what could have happened. That is my concern that is inside,
but at the end of the day, I trust mom to make the right choice, the right decision,
and do her homework and do what they do.
The motion for adoption of Resolution No. 2023-31 was then put, and carried
by the following vote:
FOR ADOPTION: Bulosan, Carvalho, Cowden, Kuali`i,
Rapozo TOTAL – 5,
AGAINST ADOPTION: Kagwa TOTAL – 1,
EXCUSED & NOT VOTING: DeCosta TOTAL – 1,
RECUSED & NOT VOTING: None TOTAL – 0.
COUNCIL MEETING 93 MARCH 8, 2023
Ms. Fountain-Tanigawa: Motion passes.
Council Chair Rapozo: Thank you. Next item.
Resolution No. 2023-32 – RESOLUTION PLEDGING SUPPORT FOR
NATIVE HAWAIIAN WOMEN AND GIRLS
Councilmember Kuali`i moved for adoption of Resolution No. 2023-32,
seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony.
Councilmember Kuali`i.
Councilmember Kuali`i: I will just put forward that on January 19th, the
four (4) of us attended the presentation of this report and it is part one of a two-part
report called, "Holoe A Analo Wahine 0 Iwi" (Inaudible) Missing and Murdered
Native Hawaiian Women and Girls (MMNHWG) taskforce report. I will just read a
couple things from the Resolution. "WHEREAS, a 2018 report by the Urban Indian
Health Institute titled, "Murdered and Missing Indigenous Women and Girls: A
snapshot of data from 71 urban cities in the United States," documented the crisis
of missing and murdered indigenous women and girls in the United States but did
not include Hawai`i or any information on Native Hawaiian women or girls; and
WHEREAS, the lack of data on Missing and Murdered Native Hawaiian Women
and Girls (MMNHWG) gives the appearance that MMNHWG is not an issue that
warrants further exploration and/or government resources and is often called "the
invisible crisis;" and WHEREAS, no concerted effort has been made to thoroughly
study and understand the MMNHWG crisis to allow for the development of a
comprehensive effort to support and protect Native Hawaiian women and girls from
harm; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF KAUAI, STATE OF HAWAIII, that the Council commits to working with all
government and private stakeholders to ensure Native Hawaiian women and girls
receive the services and support required to protect them from being abused and
exploited. BE IT FURTHER RESOLVED, that the Council encourages all residents
of the County of Kauai to learn to recognize the signs of sex trafficking and abuse,
and to have the compassion and courage to report incidences to authorities." Thank
you.
Council Chair Rapozo: Edie, I was informed that you would like to
speak.
There being no objections, the rules were suspended to take public testimony.
EDIE IGNACIO NEUMILLER: Thank you, Chair and Councilmembers. I am
in support of this Resolution for Native Hawaiian Women and Girls. I carry two (2)
hats—a Kaua`i Commissioner on the State Commission on the Status of Women and
also President of Zonta Club of Kaua`i. Both organizations have supported the
report that was done by Dr. Nikki Cristobal, which is also on the Committee on the
Status of Women website. If you want to review that again, that report was done
pretty recently. Also, the January 19th community meeting gave more information
on what it was all about. Obviously, I do not have all the statistics in front of the
me, but one item that I just wanted to mentioned is that more than one-fourth of
missing girls in Hawaii are native Hawaiian women. I truly support what it said in
COUNCIL MEETING 94 MARCH 8, 2023
this Resolution, specifically the last paragraph on page 1 that Council Vice Chair
Kuali`i read, "all government and private stakeholders to ensure Native Hawaiian
women and girls receive the services and support required to protect them from
being abused and exploited." I wanted to give my wholeheartedly support to this
Resolution. I am keeping it short, so that you can all go to lunch pretty soon. I have
had to come back and forth, but I was dedicated to make that verbal support for the
Resolution.
Councilmember Cowden: Thank you.
Council Chair Rapozo: Thank you. Is there anyone else?
Ms. Cummings: Sherri Cummings, Malama Anahola
homesteader, beneficiary of the trust. I support the Resolution and just wanted to
bring to light that a homesteader was a victim of this circumstance right here, our
very dear Kelekoma `ohana. Till today, she is missing, no one knows nothing
about. I graduated in 1987, Stacy would today be a graduate of 1989. She has been
missing since the tenth (10th) grade. Us, Hawaiian people, we do not talk too much,
so we are a statistic that no one knows really nothing about. We try to problem
solve on our own. We do not go out and reach out to agencies to help us with our
situations, whatever the need be. We are trying to shift the mind in how people
think today, our kanaka people. I just want to say, I am empathetic towards what
has happened, the systemic problem for our native women, youth, and thank you
folks for recognizing Edie and the work that she has done so far.
Council Chair Rapozo: Thank you. With that, I am going to call the
meeting back to order. Any further discussion?
There being no further public testimony, the meeting was called back to
order, and proceeded as follows:
Councilmember Cowden: I was the teacher of the younger brother
when that young woman went missing and I would say that left an indelible,
painful piece on him. I still connected with him. I wholeheartedly support this and
I grasp how deeply our indigenous people across North America, and certainly
Hawai`i and a lot of the Pacific Islands, the challenge is there. I completely support
this. Just for the record, and no one feels hurt, I care about all missing women and
children, men...I care about everyone, and I am very much in support of this
Resolution.
Council Chair Rapozo: Thank you. Is there anyone else?
Councilmember Bulosan: It is a no-brainer. I am glad that we are
bringing this to the table.
Council Chair Rapozo: If no further discussion...
Councilmember Kuali`i: This just represents important work that is
continuing and this is just part one of a two-part report. The second part should be
out at some point this year. I appreciate everyone's support for this Resolution.
Council Chair Rapozo: Thank you. With that, roll call.
COUNCIL MEETING 95 MARCH 8, 2023
The motion for adoption of Resolution No. 2023-32 was then put, and carried
by the following vote:
FOR ADOPTION: Bulosan, Carvalho, Cowden, Kagawa, Kuali`i,
Rapozo TOTAL— 6,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: DeCosta TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes and one (1) excused.
Council Chair Rapozo: Thank you. Next item. Can you read us into
Executive Session?
EXECUTIVE SESSION:
ES-1091 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session to brief the Council and seek approval of a
settlement related to the opioid litigation against CVS, Walgreens, Walmart, Teva,
Allergan, and other related matters. This briefing and consultation involves the
consideration of the powers, duties, privileges, immunities, and/or liabilities of the
Council and the County as they relate to this agenda item.
Councilmember Cowden moved to convene in Executive Session for ES-1091,
seconded by Councilmember Kuali`i.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none. Roll call.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to convene in Executive Session for ES-1091 was then put, and
carried by the following vote:
FOR APPROVAL: Bulosan, Carvalho, Cowden, Evslin,
Kuali`i, Rapozo TOTAL — 6,
AGAINST APPROVAL: None TOTAL — 0,
EXCUSED & NOT VOTING: DeCosta TOTAL — 1,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Rapozo: Thank you. With that, the Council Meeting
is adjourned.
COUNCIL MEETING 96 MARCH 8, 2023
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 3:02 9.m.
Res I ectfully submitted,
• r
JAD OUNTAIN-TANIGAWA
County Clerk
:dmc