Mayor Kim Issues Emergency Rule No. 9, Reopens Swimming Pools, Bars

Hawai‘i County Mayor Harry Kim issued an Emergency Rule Thursday that reopens public swimming pools and bars, and allows outdoor organized sports in phases. Nightclubs, large indoor and outdoor venues such as concerts and conventions, and road races such as marathons will remain closed.

Under the Rule, bars may reopen, with safety requirements identical to restaurants, with some added safety measures:
i. Limit groups within the bar to a maximum of ten (10) individuals per group.
ii. Ensure groups within the bar maintain at least six (6) feet of separation from other groups.
iii. Prohibit groups within the bar from intermingling.
iv. Designate areas to separate groups at least six (6) feet apart from each other.  (E.g., through ropes or other physical separation for standing areas, or the seating of guests at separate tables, or both).
v. Require all employees that interact with the public wear face coverings.
vi. Ensure all customers wear face coverings when entering and leaving the bar, but allow customers to remove the face covering while in the bar.

Exhibit 2 of the Rule deals with County Parks and Recreational Facilities. New provisions include the opening of more County park and recreational facilities and activities, including swimming pools (beginning July 13), camping (beginning July 13 and August 1), and outdoor organized team sports in phases (beginning June 26 and July 20, respectively).

Swimming pools may reopen on or after Monday, July 13, 2020, with modified days/hours of operations and modified rules in effect as established by the Director of Parks and Recreation.

Camping is permitted subject to modified rules and these conditions:
• The following campsites will be open for use beginning Monday, 
July 13, 2020:
i. Gilbert Kahele Recreation Area
ii. Spencer Park at ‘Ōhai‘ula Beach
iii. Kohanaiki Beach Park
• The following campsites will be open for use beginning Saturday, 
August 1, 2020:
i. Laupāhoehoe Pt. Beach Park
ii. Kapa‘a Beach Park
iii. Māhukona Beach Park
iv. Ho‘okena Beach Park
v. Punalu‘u Beach Park
vi. Whittington Beach Park
• All other campsites remain closed until further notice unless use is specifically approved by the Director.
• All campers shall be responsible to disinfect/sanitize all common contact surfaces (such as grills, picnic tables, water faucets, restroom fixtures, showers, etc.) prior to and immediately following each person’s use.
• All campers shall provide their own disinfecting/sanitizing supplies and accessories necessary to comply with the preceding requirement and as required to maintain their individual health and safety.
• All tents/canopies belonging to campers from the same group shall be separated by a minimum of ten (10) feet.  All tents/canopies belonging to separate groups of campers shall be separated by not less than twenty (20) feet.

Outdoor organized team sports, such as baseball, softball, soccer, futsal, football (tackle, flag, or touch), rugby, volleyball, basketball and similar sports that are customarily and traditionally played at outdoor venues (hereinafter “Sports Program(s)”) are permitted to resume operations as follows:
• Phase 1: Effective immediately, Sports Programs may resume operations limited to sports conditioning, individual skill development and controlled group situational drills (hereinafter collectively “Practice(s)”) for participants and coaches under the following conditions and requirements:
i. Physical distancing of not less than six (6) feet between individuals shall always be maintained to the maximum extent practicable.
ii. Groups are limited to a maximum of thirty five (35) individuals (includes athletes, coaches, managers, staff, etc. required to successfully implement a practice session) from a single Sports Program. (This is a specific exception from the rule limiting groups to 10 persons at an outdoor gathering.)
iii. Where multiple Sports Programs are present at the same facility, not less than twenty (20) feet of separation shall always be maintained between separate Sports Programs. (Mingling of individuals between Sports Programs shall not be permitted.)

• Phase 2: effective Monday, July 20, 2020, Sports Programs may resume full regimen practices and scrimmages (hereinafter collectively “Training”) and competitive play under the following conditions and requirements:
i. Excluded from this section are outdoor sports and similar activities that require sustained close contact, such as football, rugby, basketball, boxing, wrestling, martial arts, mixed martial arts, etc. These close contact sports may continue under Phase I (above).
ii. Competitive play shall be limited to one Sports Program competing against another Sports Program (e.g., one baseball team playing against another). (This is a specific exception from the rule limiting groups to 10 persons at an outdoor gathering.) 
iii. Groups are limited to two (2) Sports Programs on a common outdoor sports field, court, etc. at the same time.
1. Where competitive play or Training is scheduled in proximity to other competitive play or Training, not less than twenty (20) feet of physical separation shall always be maintained.
2. No mingling shall be allowed between members of separate Sports Programs.

• For Phase 1 and Phase 2, Sports Program operators shall ensure that:
i. Physical distancing protocols and procedures exist, are communicated to and understood by athletes, coaches, managers, staff, scorekeepers/statisticians, and officials/referees/umpires (hereinafter collectively “Participants”) and parents/guardians, family members, friends, supporters and spectators (hereinafter collectively “Non-Participants”).
ii. Close contact engagements beyond those necessary to carry out Practices, Training and competitive play (e.g., huddles, high-fives, fist-bumps, post-game handshakes, team cheers, etc.) shall not be permitted.
iii. Specific considerations are implemented and enforced pertinent to the configuration and controlling physical features of the sports venue relative to the athletic activity engaged in including, but not limited to, maintaining unhindered access to entrances/exits, controlling queues, identifying and accounting for bottlenecks, respecting maximum occupancy of venues and portions thereof, etc.

The following County of Hawai‘i parks and recreational facilities remain closed to the general public:

• All community centers and senior centers
• All gymnasiums and covered play court facilities
• Aunty Sally Kaleohano’s Luau Hale 
• Francis F.C. Wong Stadium
• Hakalau Beach Park
• Afook-Chinen Civic Auditorium
• Honoka‘a Swimming Pool (ongoing construction)
• NAS Swimming Pool (Hale Hanakahi emergency shelter facility)
• Pana‘ewa Rainforest Zoo & Gardens (ongoing construction)
• Shipman Gym
• Waiākea Recreation Center
• Edith Kanaka‘ole multipurpose stadium 

Under the Mayor’s new Rule, the following businesses, operations and activities identified below shall remain closed:

1. Nightclubs
2. Large indoor venues (concerts, sports, conventions, expos)
3. Large outdoor venues (concerts, sports, conventions, expos)
4. Road races (marathons, triathlons, etc.)
Rule 9 takes effect on June 26, 2020 and shall continue through July 31, 2020 unless extended, rescinded, superseded, or amended by the Mayor’s subsequent order, or as otherwise provided by law.  

Mayor’s COVID-19 Emergency Rule No. 9

Pursuant to the authority vested in me by Hawai‘i Revised Statutes Chapter 127A and due to the public health concerns related to COVID-19, I hereby find that immediate promulgation of this rule is necessary and do so in order to protect the health, safety and welfare of the people of this County. This rule amends and restates all Mayoral Covid-19 Emergency Rules.

In accordance with Governor David Y. lge’s Ninth Supplementary Proclamation (“9th Supplementary”), the County and State of Hawaiʻi is within the “Act with Care” phase of the “State Roadmap to Recovery and Resilience.” With the decline of active COVID-19 cases in the County of Hawaiʻi, reopening of more medium risk operations and activities can be allowed. Unless otherwise specified in this rule, all businesses, operations, and activities are permitted to re-open but remain subject to all restrictions and physical distancing requirements of this rule, the 9th Supplementary and any subsequent proclamations or orders, the State Department of Health Reopening Hawai‘i Safe Practices, the Centers for Disease Control and Prevention (“CDC”) and industry guidelines.

A. Work in Businesses or Operations

All businesses, operations, and activities are permitted to open except those businesses, operations and activities delineated in Exhibit 5, as otherwise provided by this rule, and subject to all restrictions and physical distancing requirements of this rule, the 9th Supplementary and any subsequent proclamations or orders, the State Department of Health Reopening Hawai‘i Safe Practices, and any CDC and industry guidelines.

B. Safe Practices

All persons shall implement the following physical distancing and sanitation requirements to the fullest extent possible:

  1. Face covering. Persons over the age of five (5) years old shall wear a face covering as described and recommended by the CDC while in public settings. This requirement shall not apply to persons engaging in exercise activities. This requirement shall also not apply to anyone who has trouble breathing, is unconscious, incapacitated or otherwise unable to remove the face covering without assistance, or as otherwise specifically allowed under this rule. The cloth face coverings recommended are NOT surgical masks, N-95, K-95, KN-95 or other respirators. Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders. Businesses or operations may refuse to allow entry to persons not wearing a face covering, unless an exception applies under this section.
  2. High risk populations. Elderly and others at high risk for COVID-19 are urged to stay in their residences to the extent possible, except as necessary to seek medical care. 
  3. Persons who are sick. Persons who are sick or have a fever or cough or are exhibiting symptoms such as shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell, are urged to stay in their residences to the extent possible, except as necessary to seek medical care.
  4. Physical distancing requirements. All persons shall maintain a minimum of six-feet of physical separation from all other persons to the fullest extent possible. Businesses or operations shall designate with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance. Businesses or operations shall monitor and enforce the six-foot distancing requirement set forth in this rule, whether outside waiting in line or as customers move about inside a facility. Checkout operations shall be modified, to the extent reasonably feasible, to provide this separation or to provide a transparent shield or barrier between customers and checkout clerks.
  5. Limited customer occupancy. Each business facility or operation shall determine and enforce the maximum number of customers that may be accommodated while maintaining the specified separation distance and limiting the number of customers in the facility or at the operation to that maximum number at any time. 

    It is strongly recommended that a maximum of one (1) customer per two hundred fifty (250) square feet of retail floor area be allowed into a facility or operation to maintain the six-foot distancing requirement and increase physical distancing.
  6. Hand sanitizer and sanitizing products. Businesses or operations shall make hand sanitizer and sanitizing products readily available for employees and customers. Employees handling items from customers, such as cash or credit cards, shall frequently utilize hand sanitizers.
  7. Disinfection. Businesses or operations shall regularly disinfect all high-touch surfaces. All customers/patrons shall sanitize hands at entry. Hand sanitizing stations shall be available at each entrance. Business and operations shall assign, train and schedule employees to sanitize carts, conveyors, counters, handles, knobs, and other high touch surfaces. 
  8. Safeguards for high risk populations. Businesses or operations are urged to implement processes to safeguard elderly and high risk customers. High risk persons are encouraged to stay in their residence to the extent possible, except as necessary to seek medical care.
  9. Online and remote access. Businesses or operations shall post online whether a facility is open and how best to reach the facility and continue services by phone or remotely. Businesses or operations shall encourage their customers to do their business remotely by phone or online to the extent possible. 
  10. Pickup at store or delivery. Businesses or operations shall provide for, if feasible, online ordering and purchase of goods and customer pickup of orders at a location outside the facility or shall provide for delivery to customer locations. 
  11. Signage. Businesses or operations shall post a sign at the entrance of the facility informing all employees and customers that they shall, at a minimum: wear CDC recommended face coverings while in the business or operation; avoid entering the business or operation if they have a cough or fever or otherwise do not feel well; maintain a six-foot distance from one another; not shake hands or engage in unnecessary physical contact.

C. Gatherings

Indoor gatherings of groups of up to 10 persons are permitted with a maximum of 50 people provided that physical distancing and safe practices can be maintained unless a greater amount of people are permitted under this rule.

Outdoor gatherings of groups of up to 10 persons are permitted with a maximum of 100 people provided that physical distancing and safe practices can be maintained unless a greater amount of people are permitted under this rule.

D. Specific Rules Relating to Businesses, Operations, and Activities

  • Exhibit 1. Restaurants, bars, food courts, and other food establishments
  • Exhibit 2. County Parks and Recreational Facilities
  • Exhibit 3. Barber Shops and Beauty Operators
  • Exhibit 4. Places of Worship
  • Exhibit 5. Businesses, Operations and Activities to Remain Closed

E. Pursuant to Hawai‘i Revised Statutes Section 127A-29, any person violating this Rule shall be guilty of a misdemeanor, and upon conviction, fined not more than $5,000 or imprisoned for not more than one year, or both.

F. This rule shall take effect June 26, 2020 and shall continue through July 31, 2020 unless extended, rescinded, superseded, or amended by my subsequent order, or as otherwise provided by law.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this 26th day of June 2020 in Hilo, Hawai‘i.

Harry Kim 
Mayor 
County of Hawai‘i

CONCURRENCE:
Governor David Y. Ige

View the signed Mayor’s COVID-19 Emergency Rule No. 9 and all Exhibits

To request no cost assistance in providing a safe and healthy business for employees and customers, contact the COVID Task Force on Education and Prevention at 
935-0031. 

Mayor Kim Issues Emergency Rule No. 8 Reopens Legal Vacation Rentals

Hawai‘i County Mayor Harry Kim issued an Emergency Rule on Friday that reopens most businesses, operations and activities, including short-term vacation rentals. Exceptions such as bars, nightclubs and other specified venues will remain closed.

Mayor Harry Kim

In accordance with Governor David Y. lge’s Ninth Supplementary Proclamation (“9th Supplementary”), the County and State of Hawaiʻi is within the “Act with Care” phase of the “State Roadmap to Recovery and Resilience.” With the decline of active COVID-19 cases in the County of Hawaiʻi, reopening of more medium risk operations and activities can be allowed. 

Unless otherwise specified in this rule, all businesses, operations, and activities are permitted to re-open June 15, 2020, but remain subject to all restrictions and physical distancing requirements of this rule, the 9th Supplementary and any subsequent proclamations or orders, the State Department of Health Reopening Hawai‘i Safe Practices, the Centers for Disease Control and Prevention (“CDC”) and industry guidelines.

Under Exhibit 5 of the Mayor’s new Rule, the following businesses, operations and activities identified below shall remain closed:

1. Bars
2. Nightclubs
3. Public Swimming Pools
4. Large indoor venues (concerts, sports, conventions, expos)
5. Large outdoor venues (concerts, sports, conventions, expos)
6. Road races (marathons, triathlons, etc.)

However, travel to engage in minimum basic operations of the businesses and operations identified above is allowed, including the minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, and related functions as well as the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. Minimum basic operations do not include in-person public/customer contact.

Rule 9 increases the number of persons allowed at gatherings, depending on whether the gathering is indoors or outdoors. 

“Indoor gatherings of groups of up to 10 persons are permitted with a maximum of 50 people provided that physical distancing and safe practices can be maintained unless a greater amount of people are permitted under this rule. 

Outdoor gatherings of groups of up to 10 persons are permitted with a maximum of 100 people provided that physical distancing and safe practices can be maintained unless a greater amount of people are permitted under this rule.”

A section of the Rule, Exhibit 2, deals with County Parks and Recreational Facilities.

New provisions include the following:

• No events or activities with the potential to generate gatherings in excess of the permitted maximum number of persons shall be allowed unless adequate preventative measures are employed by the user to the satisfaction, and with prior approval, of the Director.  
• No contact sports events (i.e.: scrimmages, exhibitions, games, tournaments, etc.) are permitted.  Controlled practices are allowed provided physical distancing can be adhered to at all times.

The following County of Hawai‘i parks and recreational facilities shall be closed to the general public, Mondays through Fridays, excluding state holidays, for the safe operation of the County’s Summer Fun program and childcare programs approved by the Director of Parks and Recreation:

• Greenwell Park & Sgt. Rodney J. T. Yano Memorial Hall
• Waiākea Uka Park & Stanley Costales Waiākea Uka Gym
• Waimea Community Center
• Pana‘ewa Park
• Hualani Park & Kawananakoa Center
• Carvalho Park & Pi‘ihonua Gym 
• Frank Santos Park & Papaikou Gym
• Honoka‘a Park & Honoka‘a Gym
• Waimea District Park
• Ikuo Hisaoka Gym
• Kekuaokalani Gym
• Nā‘ālehu Park
• Rep. Robert N. Herkes Gymnasium & Shelter (Ka‘ū District Gym)
• Pahoa District Park
• Shipman Park
• Richardson Ocean Center

Under the new Rule, the use of Parks and Recreation pavilions and picnic tables can resume.

To request no cost assistance in providing a safe and healthy business for employees and customers, contact the COVID Task Force on Education and Prevention at 935-0031.

Governor Ige Approves Emergency Rules for Counties of Hawaii & Kauai

Gov. David Ige today approved requests from Mayor Harry Kim and Mayor Derek S.K. Kawakami to safely re-open more businesses and operations under guidelines that will ensure the health, safety and welfare of the people in Hawaiʻi and Kauaʻi counties.

Hawaiʻi County

Gov. Ige signed Mayor Kim’s Emergency Rule #6 which allows the following businesses, operations or activities, which must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening:

  • May 30, 2020
    • Places of worship
  • June 1, 2020
    • Other indoor gathering places (including bowling alleys, billiards halls, but NOT arcades or gaming places)
    • Indoor exercise facilities (includes fitness centers and indoor pools and facilities that offer group exercises with no physical contact)
    • Museums and theaters
    • Outdoor spaces (includes ocean tours, outside pools and summer camps)
    • Other personal services (includes tattoo operators and acupuncturists)
    • Other real estate services (including open houses, property viewing, inspections, surveys, appraisals with restrictions)
    • Other retail and repair (including rental of recreational and sports equipment)
    • Certain county park sites and recreational facilities will re-open with some exceptions. County swimming pools, gymnasiums and community centers will remain closed at this time.

Kauaʻi County:

Gov. Ige has also approved Mayor Kawakami’s Emergency Rule #11 to re-open with modifications, businesses, operations or activities starting Monday, June 1. They include:

  • Indoor exercise and recreation facilities (including gyms, fitness centers, recreation facilities)
  • Outdoor spaces (including playgrounds, skateparks, pavilions, parks, organized outdoor team sports)
  • Personal services (including spas)
  • Restaurants (including dine-in)

Mayor Kim Reopens Churches on May 30, Most Other Venues June 1

Expanding on Governor Ige’s 8th Supplementary Proclamation concerning businesses and establishments that may reopen, Hawai‘i County Mayor Harry Kim on Thursday issued an Emergency Rule that reopens places of worship on Saturday, May 30, and most businesses June 1, 2020. 

This means all businesses may open with the following exceptions:

• Transient accommodations (bed and breakfast, short-term rentals and time-shares) may not open except where workers of essential businesses or operations are renting or staying. Current occupants who have pre-booked at transient accommodations may stay until the end of the pre-booked period. These restrictions are in place until the travel quarantine restrictions are lifted;
• Bars, nightclubs, arcades and other public gathering venues where social distancing measures are difficult to implement;
• Contact sports;
• Events and other gatherings greater than 10 persons until allowed by Governor’s Proclamation.

The Mayor’s COVID-19 Emergency Rule No. 6 declares that the following medium-risk operations are subject to all restrictions and social distancing requirements found within the 8th Supplementary Proclamation, State Department of Health Reopening Safe Practices, and CDC guidelines.  These operations must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening:

1. Places of worship.

Faith Based Worship in accordance with the CDC Interim Guidance for Administrators and Leaders of Community and Faith Based Organizations to Plan, Prepare, and Respond to Coronavirus Disease 2019 or any updated CDC guidance. Effective May 30, 2020. This amends the reopening of houses of worship, which were initially scheduled in the Mayor’s Emergency rule 5 to reopen on June 1, 2020.

The following venues will reopen on June 1, 2020:

2. Other indoor gathering places.

• Including, but not limited to, billiards halls, bowling alleys, but not arcades or gaming places.

3. Indoor exercise facilities.

• Includes gyms and fitness centers and indoor pools.
• Includes facilities that are not “gyms” or “fitness centers” but offer classes or group exercises such as yoga, aerobics, Zumba, dance, Pilates, weight lifting, athletics clubs, and martial arts clubs, but there shall be no physical contact.

4. Museums and theaters.

5. Outdoor spaces.

• Includes ocean tours, outside pools and summer camps.

6. Other personal services.

• Includes tattoo operators and acupuncturists.

7. Other real estate services. 

• Including open houses for general public viewing, real estate agent caravans and broker open houses.
• Property viewing, inspections, surveys, and appraisals may be conducted by appointment only with social distancing requirements maintained at all times.  

8. Other retail and repair.

• Including the rental of recreational and sports equipment.


When reopening, businesses must follow:

• Safe practices set forth in Proclamation 8 as may be supplemented and Rule 4, including:
o Use of face masks;
o Hand hygiene—hand washing or hand sanitizers made available, especially upon entry;
o Surface cleaning—regular cleaning/disinfection of surfaces and objects touched by the public and employees
o Physical distancing—internal controls to maintain 6’ distancing; limits on number of persons allowed in the establishment based on the size of the establishment in order to maintain the physical distancing requirements;
o Protection of high-risk populations—separate hours or other accommodations to protect the senior and other vulnerable population;
o Stay home if sick directives;
o Signage informing customers and employees of the safe practices requirements.
• Higher levels of safety precautions specified by Governor’s proclamations, State rules, County proclamations or rules, CDC, OSHA, NIOSH, and/or industry-specific guidance.

Individuals at higher risk should continue to minimize time and contacts outside the household.

Rule 6 rule shall continue through June 30, 2020, or until extended, rescinded, superseded, or amended by my subsequent order, or as otherwise provided by law.

Additionally, Mayor Kim is submitting to the Governor an Amendment to his Rule 4, which will reopen certain County park sites and recreational facilities on June 1, with some exceptions.  Swimming pools, gymnasiums, and community centers will remain closed at this time.

To request no cost assistance in providing a safe and healthy business for employees and customers, contact the COVID Task Force on Education and Prevention at 935-0031. 

Mayor Kim Announces Reopening of Churches, Salons, Restaurants On June 1st Subject to Guidelines

Expanding on Governor Ige’s 8th Supplementary Proclamation concerning businesses and establishments that may reopen, Hawai‘i County Mayor Harry Kim on Saturday issued an Emergency Rule that reopens places of worship, personal services such as hair salons, and restaurants effective June 1, 2020.

The Mayor’s COVID-19 Emergency Rule No. 5 declares that the following medium-risk operations are subject to all restrictions and social distancing requirements found within the 8th Supplementary Proclamation, State Department of Health Reopening Safe Practices, and CDC guidelines.  These operations must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening:

1.  Places of worship.

Faith Based Worship in accordance with the CDC Interim Guidance for Administrators and Leaders of Community and Faith Based Organizations to Plan, Prepare, and Respond to Coronavirus Disease 2019 or any updated CDC guidance.

2. Personal services.

• Salons and barber shops must also follow Exhibit I, Rules Relating to Safety Guidelines for Barbers and Beauty Operators, 8th Supplementary. 
• One-on-one services including, but not limited to: tutoring, music lessons, massage, yoga, Pilates, and personal training.

3. Restaurants.

• Including food courts, but not dedicated bars and nightclubs.
• In-dining service in accordance with CDC Interim Guidance for Restaurants and Bars, National Restaurant Association Guidelines, and any updated CDC guidance.

This Rule supersedes any conflicting County of Hawai‘i emergency rule provision.

“Pursuant to Hawai‘i Revised Statutes Section §127A-29, any person violating this Rule shall be guilty of a misdemeanor, and upon conviction, fined not more than $5,000 or imprisoned for not more than one year, or both,” Rule 5 states.  

To request no cost assistance in providing a safe and healthy business for employees and customers, contact the COVID Task Force on Education and Prevention at 935-0031. 

Mayor Kim Clarifies Hand Sanitizer Requirement

Hawai‘i County’s COVID-19 Emergency Rule No. 3 calls for all customers to sanitize their hands at entry, and hand sanitizing stations must be set up in the customers’ path at the entrance to the fullest extent possible. 

Demand for hand sanitizer has surged since the COVID-19 pandemic, and establishments that lack supplies of hand sanitizer may offer an alternative to hand sanitizer by providing a place to wash hands. A wash basin or sink with soap and water would be sufficient and be in good faith compliance with the order.

The County is looking at all avenues to acquire supplies of hand sanitizer, including local distilleries that have switched their production lines to produce it.  

The Rule issued by Mayor Harry Kim on Tuesday cited the Governor’s Fifth Supplementary Proclamation dated April 16, 2020, which mandates protective measures “to the fullest extent possible” including the mandatory use of hand sanitizer and sanitizing products by all customers and employees of essential businesses. 

The County’s COVID-19 Prevention and Education Task Force will be working with businesses to ensure compliance by their employees and customers.  For further information on requesting a visit from the Task Force, call Civil Defense at (808) 935-0031.

Mayor Kim Clarifies Emergency Rules

Pursuant to the authority vested in me by Hawaiʻi Revised Statutes Chapter 127A and due to the public health concerns related to COVID-19, I hereby find that immediate promulgation of this rule is necessary and do so in order to protect the health, safety, and welfare of the people of this County.

On April 16, 2020, Governor David Ige issued the Fifth Supplementary Proclamation, mandating enhanced social distancing requirements by stating that all customers and employees of essential businesses and operations shall exercise additional social distancing and protective measures to the fullest extent possible regarding the mandatory use of cloth face coverings, six-foot distances, limited customer occupancy, hand sanitizer and sanitizing products, disinfection, high risk populations, online and remote access, pickup at store or delivery, and signage.

This rule incorporates and implements the Governor’s Third and Fifth Supplementary Proclamations and provides clarification and additional guidelines to be implemented in this County.

  1. Food production and consumption

    Particular care should be exercised by essential businesses or operations that handle food production or consumption.  In addition to the requirements set forth in Section II of this rule, all customers and employees shall exercise the following additional requirements to the fullest extent possible:
    1. Employees shall use gloves while handling food. Should employees handle any payment transaction (cash or credit card) or the property of the customer, they must sanitize gloves or change gloves before servicing the next customer.
    2. Every employee shall do a self-check prior to start of shift to monitor for any COVID-19 symptoms. If at any point during their work shift the employee notices such symptoms they shall immediately notify their supervisor and leave the premises. Employee shall seek medical attention if symptoms progress, and shall not return to work until symptom-free at a minimum of seventy-two (72) hours; except that if employee tests positive for COVID-19, employee may discontinue home isolation under the following three conditions:
      1. At least seventy-two (72) hours have passed since recovery defined as resolution of fever without the use of fever reducing medications;
      2. Improvements in respiratory symptoms (e.g., cough, shortness of breath); and
      3. At least seven (7) days have passed since symptoms first appeared.
  2. Patrons or riders of any of the County Mass Transit Agency vehicles

    Prior to boarding or entering a vehicle (e.g., Hele On Bus), riders who are five (5) years old and over, shall wear face coverings or masks to prevent the spread of droplets and help people who may have the virus and do not know it from transmitting it to others.  Exempted from wearing face coverings or masks are patrons or riders who have health or medical conditions, trouble breathing, or are otherwise unable to remove the cover without assistance.  Unless there is an exemption, the patron or rider who refuses to wear a face covering or mask shall not be allowed to board or enter the vehicle.
  3. Immediate promulgation of this rule is necessary to address the continuing emergency declared in the Emergency Proclamation issued on February 28, 2020, the Supplementary Emergency Proclamations issued on March 11, 2020, and March 24, 2020, and Governor David Ige’s Proclamation dated March 4, 2020, and Supplementary Proclamations issued on March 16, 2020, March 21, 2020, March 23, 2020, March 31, 2020 and April 16, 2020.
  4. Pursuant to Hawaiʻi Revised Statutes Section 127A-29, any person violating this Rule shall be guilty of a misdemeanor and upon conviction fined not more than $5,000 or imprisoned for not more than one year, or both.
  5. This Rule shall be effective immediately, upon its promulgation, and shall continue throughout the present emergency caused by the ongoing COVID-19 pandemic or until sooner terminated by my Order.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaiʻi to be affixed.  Done this 21st day of April 2020 in Hilo, Hawaiʻi.


Harry Kim
Mayor
County of Hawaiʻi

Mayor Kim Issues Emergency Rule Mandating Face Masks at Businesses

Hawai‘i County Mayor Harry Kim issued a Rule today that mandates face masks or coverings for all customers of essential businesses aged 5 or older and all employees who have contact with others, to prevent the spread of COVID-19.

The Mayor’s COVID-19 Emergency Rule No. 3 stipulates that a business shall disallow entry to anyone who refuses to wear a face mask or face coverings.  Exemptions from wearing face masks are persons with health or medical conditions that prohibit the use of face masks or face coverings.

Rule 3 also calls for all customers to sanitize their hands at entry, and hand sanitizing stations must be set up in the customers’ path at the entrance.

The County’s COVID-19 Prevention and Education Task Force will be working with businesses to ensure compliance from their employees and customers, said Mayor Harry Kim.

“These are stricter than the Governor’s rules, because we want to make sure that our community stays healthy and safe,” the Mayor said.  Rule 3 was prompted in part after the recent outbreak of the virus among fast food workers and their families in Kona.

“We want these rules to be in place, while focusing on being reasonable so that people can make a living,” Mayor Kim said.

The Rule strongly recommends that one customer per 250 square feet be allowed into an establishment to ensure the six-foot distancing requirement, and to increase social distancing.  

Rule 3 calls for businesses to discourage hoarding of essential supplies, and mandates that businesses post signage and communicate special hours for high-risk populations.

Businesses that handle food production and consumption are to have employees use gloves while handling food, and employees who handle any payment transaction by cash or credit card must sanitize or change gloves before serving the next customer.

All businesses are required to assign, train and schedule employees to sanitize carts, conveyors, counters, handles, knobs and other common touch areas, the Rule says.

Employees must do a self-check prior to starting their shift to monitor for any COVID-19 symptoms. If an employee feels ill, they must immediately notify their supervisor and leave the premises. Rule 3 stipulates that the employee must seek medical attention if symptoms persist, and shall not return to work until symptom-free at a minimum of 72 hours.  If an employee tests positive for the virus, they shall not return to work until staying home and being symptom-free for 14 days.

On the County’s Mass Transit buses, riders five years old and older must wear face coverings or masks to prevent the spread of the virus, with exemptions for people with health or medical conditions that prohibit their use.  Riders who refuse to wear a mask will not be allowed to board or enter the bus.

Violators of Rule 3 may be subject to a fine of up to $5,000 or one year imprisonment, or both.  The Rule remain effective throughout the pandemic emergency, or until terminated sooner by order of the Mayor.

For further information, contact Civil Defense at (808) 935-0031.

Mayor Kim Issues Rule that Allows Ocean Access from Certain Parks

Hawai‘i County Mayor Harry Kim issued a Rule on Friday which allows ocean access from certain County parks for outdoor exercise, fishing for food, and the use of restroom and shower facilities. 

Reed’s Bay

The Mayor’s COVID-19 Emergency Rule No. 2 stipulates that the following beach parks will be made available daily from 7 a.m. through 5 p.m., for the purposes of direct access to and from the ocean and shoreline in order to engage in outdoor exercise, fishing for and gathering food, and use of restroom and shower facilities:

• Kahalu‘u Beach Park
• Magic Sands Beach Park
• Wai‘aha Bay Beach Park (Honl’s)
• Kawaihae Canoe Area
• Honoli‘i Beach Park
• Kaipalaoa Landing Beach Park
• Bayfront Beach Park
• Reed’s Bay Beach Park
• Lili‘uokalani Gardens 

The following park restroom facilities will be opened daily from 7 a.m. through 5 p.m.:

• Mo‘oheau Bus Terminal – 7 a.m. to 5 p.m.
• Lincoln Park – 7 a.m. to 5 p.m.
• Bayfront Soccer Fields – 7 a.m. to 5 p.m.
• Bayfront Beach Park – 7 a.m. to 5 p.m.
• Liliuokalani Gardens – 7 a.m. to 5 p.m.
• Reeds Bay Beach Park – 7 a.m. to 5 p.m.
• Veterans Cemetery No. 2 – 7 a.m. to 2 p.m.
• Honoli‘i Beach Park – 7 a.m. to 5 p.m.
• ‘Alae Cemetery – 7 a.m. to 7 p.m.
• Shipman Park – 7 a.m. to 5 p.m.
• Kurtistown Park – 7 a.m. to 5 p.m.
• Kahalu‘u Beach Park – 7 a.m. to 5 p.m.
• Magic Sands Beach Park (La‘aloa) – 7 a.m. to 5 p.m.
• Wai’aha Bay Beach Park (Honl’s) – 7 a.m. to 5 p.m.
• Kailua Park (Old A/Maka‘eo) beach only – 7 a.m. to 5 p.m.
• Waikoloa Pu‘u Nui Park – 7 a.m. to 5 p.m.
• Waimea Park tennis courts only – 7 a.m. to 5 p.m.
• Gilbert Kahele Recreation Area – 24 hours

Park facilities that are not listed in the Rule remain closed, and reservations for these parks and recreational facilities are canceled through April 30, 2020.

The Rule notes that County cemeteries, including veterans’ cemeteries administered by the County, remain open for visitation during standard hours. Pana‘ewa Equestrian Center remains open only for persons with valid horse stall rental agreements, who are actively boarding a horse at the facility.

Rule No. 2 is to be read in conjunction with the Third Supplementary Proclamation issued on March 23, 2020, which directs people to stay at home, with exemptions for essential businesses and operations, and persons engaged in permitted activities. Social distancing requiring maintaining six feet of physical separation from other persons is stipulated in the Proclamation, along with limiting any gathering of more than 10 people.

For further information, contact Civil Defense at (808) 935-0031.

Mayor Kim Issues Third Supplemental Emergency Proclamation

Mayor Harry Kim issued the Third Supplementary Emergency Proclamation on Wednesday, April 1, suspending the ban on single-use plastic bags, extending deadlines related to commercial haulers, and clarifying that the April 9, 2020 deadline for filing Real Property appeals is unchanged. 

The County’s Third Supplementary Emergency Proclamation temporarily suspends Hawai‘i County Code Chapter 14, Article 20, Plastic Bag Reduction. The reason for the temporary suspension of the ban on single-use plastic bags is to discourage the introduction of germs or the virus into stores that could be present on personal reusable bags. Local stores will continue to use paper bags as a priority while their supplies last; plastic bags may be used for greater volume or wetter items. 

The Third Supplementary Emergency Proclamation also waives several deadlines as they relate to commercial haulers. The proclamation waives the permit expiration deadlines for a commercial haulers’ permit, the deadline for submission of a residential credit claim, and the requirement for interest billing. The deadline for an owner whose property is accessible to a public sewer to connect to the public sewer is also extended. 

The Proclamation clarifies that the Real Property Tax Appeal deadline is not suspended; the April 9, 2020 deadline for Appeals still stands. The Real Property Tax Appeal deadline remains the same so as not to negatively affect the certification of property values and the budgetary process. 

The Third Supplemental Emergency Proclamation will continue for 60 days, to May 30, 2020, or until further action by the Mayor’s Office.

PROCLAMATION:
WHEREAS, Chapter 127A Hawaiʻi Revised Statutes, provides for the establishment of emergency management and disaster relief, including the Mayor having direct responsibility and authority over emergency management within the County; and

WHEREAS, Chapter 127A Hawaiʻi Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawaiʻi County Code, establishes a Civil Defense Agency within the County of Hawai‘i and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawaiʻi County Charter empowers the Mayor of the County to declare emergencies; and

WHEREAS, on February 28, 2020, the Mayor of the County of Hawaiʻi issued an Emergency Proclamation declaring a state of emergency due to the outbreak of COVID-19 virus being recognized as a public health emergency of international concern and a public health emergency for the United States; and

WHEREAS, on March 4, 2020, the Governor of the State of Hawaiʻi issued a Proclamation declaring a state of emergency based upon the actions and directives of the President of the United States, the World Health Organization, the United States Centers for Disease Control and Prevention, and current conditions warranting preemptive and protective actions related to the outbreak of COVID-19 virus; and

WHEREAS, on March 11, 2020, the Mayor of the County of Hawaiʻi issued the   Supplementary Emergency Proclamation issuing further orders for response to COVID-19; and

WHEREAS, on March 16, 2020, the Governor of the State of Hawaiʻi issued the Supplementary Proclamation further suspending State laws that impeded the state-wide response to COVID-19; and

WHEREAS, on March 21, 2020, the Governor of the State of Hawaiʻi issued the Second Supplementary Proclamation issuing an Order that all persons coming into the State of Hawaiʻi shall be subject to a period of self-quarantine; and

WHEREAS, on March 23, 2020, the Governor of the State of Hawaiʻi issued the Third Supplementary Proclamation issuing an Order stating “All persons in the State Must Stay at Home or in Their Place of Residence” with exceptions for essential business or operations; and

WHEREAS, on March 24, 2020, the Mayor of the County of Hawaiʻi issued the Second Supplementary Emergency Proclamation issuing further orders for response to COVID-19, the suspension of meetings and hearings and postponement of permit deadlines and automatic approvals; and

WHEREAS, due to the possibility of imminent emergency or disaster due to bodily injury to residents of Hawaiʻi Island, and the need for government agencies and representatives from the private sector to mobilize and provide financial and other immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawaiʻi Revised Statutes, and Chapter 7, Hawaiʻi County Code; and

WHEREAS, Section 127A-13(b)(1) Hawaiʻi Revised Statutes provides that during a state of emergency the Mayor may relieve hardship and inequities or obstruction to public health, safety or welfare found by the Mayor to exist in the laws of the county and to result from the operations of federal programs or measures, may suspend county laws in whole or in part; and

WHEREAS, to aid in the prevention of spreading the COVID-19 virus the use of single-use plastic bags for the transport of food and other material should be allowed and the County of Hawaiʻi’s Plastic Bag Reduction Chapter 14 Article 20, Hawaiʻi County Code, would hamper this effort; and

WHEREAS, there is a need to clarify the Second Supplementary Emergency Proclamation’s order number 2 Permit Deadlines and Automatic Approvals that the Hawaiʻi  County Code Chapter 19 Section 19-91 Appeal filing deadline of April 9 is not suspended due to the negative effect it will have on the certification of values and the budgetary process.

NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawaiʻi, do hereby proclaim and declare that a state of emergency exists due to the imminent danger or threat of emergency on the Hawaiʻi Island and hereby authorize and invoke the following measures under Section 127A-13(b)(1) Hawaiʻi Revised Statutes, as amended:

the following shall be suspended during this state of emergency:

  1. Hawaiʻi County Code Chapter 14 Article 20 Plastic Bag Reduction; and
  2. Hawaiʻi County Code Chapter 20 Section 20-35(a)(b)(d); Section 20-46(c); Section 20-47; and
  3. Hawaiʻi County Code Chapter 21 Section 21-5; Section 32(b).

The following is a clarification of Second Supplementary Emergency Proclamation’s order number 2 Permit Deadlines and Automatic Approval:

It is hereby clarified as not to include Hawaiʻi County Code Chapter 19 Section 19-91 Real Property Tax Appeal filing deadline of April 9. The remainder of order 2 shall remain in full force and effect.

This Third Supplementary Emergency Proclamation, the Second Supplementary Emergency Proclamation on March 24, 2020, the Supplementary Emergency Proclamation issued on March 11, 2020 and the Emergency Proclamation issued on February 28, 2020, all shall remain in full force and effect and shall be effective Wednesday,  April 1, 2020, and continuing thereon for 60 days or until further act by this office.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaiʻi to be affixed.  Done this 1st day of April 2020 in Hilo, Hawaiʻi.

HARRY KIM
Mayor
County of Hawaiʻi

Mayor Kim Issues Supplemental Emergency Proclamation

Mayor Harry Kim issued a Supplementary Emergency Proclamation on Tuesday, March, 24, 2020, regarding the suspension of Board and Commission meetings and hearings, as well as the extension of County permits deadlines. 

The Supplementary Proclamation just issued invokes Section 127A-13(b)(1) Hawaiʻi Revised Statutes, as amended.

The following shall be suspended during this state of emergency:

(1) Meetings and Hearings.
Meetings or hearings, including contested case hearings, conducted by boards and commissions established under the Charter or the Hawaiʻi County Code are suspended, provided that meetings or hearings may be conducted to the extent the Governor of the State of Hawaiʻi has suspended the requirements of Chapters 91 (administrative procedures) and 92 (public agency meetings and records), HRS, and sufficient capability exists to conduct such meetings or hearings by telephone or video conference as determined by the County department providing administrative assistance to the board or commission.

(2) Permit Deadlines and Automatic Approvals.

Any deadline or automatic approval imposed by the Hawaiʻi County Code or an administrative rule of any County department, officer, board, committees, and/or commissions is hereby continued to the latter of the following: 60 days after the date of this Second Supplementary Emergency Proclamation, dated March 24, 2020, as may be extended; or 60 days from the date of the current deadline or automatic approval date. 

This suspension does not extend the time to perform any permit condition of an existing permit that has already been approved. 

The Supplemental Proclamation will continue for 60 days, to May 22, 2020, or until further action by the Mayor’s Office.

Administrative Leave Offered to County Workers

In a memo from Mayor Kim to Hawaii County Department and Agency Heads sent on Friday, March 20, 2020, Mayor Kim authorizes Administrative Leave due to closures of Schools or Child Care Facilities because of the current COVID-19 emergency.

Administrative leave of up to 14 calendars days was authorized.

Mayor Kim’s Letter to HICOP Board – RE: Helicopter Tours

Dear Mr. Ernst & HICOP Board:
RE: Helicopter Tours

In our meeting, I clearly indicated how I will proceed.

  • Request a meeting with Helicopter Tour Industry to begin dialogue with industry.
  • Request organization of a program by industry to address concerns.
  • Plan working group meeting of community and industry to see if any anything can be addressed together.

Meeting of first two bullets have been completed and waiting for report.

I was not aware that at this time a definitive position was established by HICOP and believed that the desire was to see if the whole issue can be discussed to work out acceptable solutions. Your correspondence indicate otherwise. If I am incorrect, please correct me.

I truly feel that at this time an effort should be made to address the problem by coming together for open dialogue, regardless of past attempts. As you know, the authority of this issues is with the FAA.

Sincerely,
Harry Kim
Mayor

Mayor Kim’s Testimony Re: Special Session 2017 – Rail Tax Surcharge

August 11, 2017
Special Session 2017 – Rail Tax Surcharge

Dear Senator Lorraine Inouye, Senator Clarence Nishihara, Senator Donovan Dela Cruz, Representative Henry Aquino, Representative Sylvia Luke, and Committee Members:

We understand that the upcoming Special Session will be considering many different proposals on how to help the City and County of Honolulu Address the funding of their rail system. While we understand that this is not an easy decision, we want to ensure that the legislatures makes their decision based on fairness. We understand that some of the options being considered include increasing GET and TAT for the entire state with all the proceeds going to rail.

These increased taxes would be collected on all islands, even though the rail system is only located on Oahu. That does not seem fair to tax those that don’t even have access to the rail system. We do support the extension of the GET surcharge for Oahu. That seems to be the fairest method to ensure that those most likely to benefit from the system will pay for the system.

In addition, the TAT cap for the counties was not restored to $103 million as in previous years. This reduced our TAT revenue by $1.86 million. This is more than the entire budget for our Civil Defense department. Without these funds, a significant increase in real property taxes for our citizens was necessary. The same citizens that you also represent. We cannot burden our citizens any more for something that will not benefit them.

Taxing all for the benefit of one is not fair. All islands could see an increase in the TAT and GET but only one will benefit. We all will be seeing less TAT in our budgets. We respectfully request that you whatever you can to provide the counties with their fair share of TAT and find another way to fund the rail system, such as continuing the additional GET for Oahu.

We appreciate your consideration as we all attempt to best serve our joint constituents, the people of Hawai’i.

Respectfully,

Harry Kim
Mayor

Mayor Kim Gets Honorable Mention at US Conference of Mayors’s Climate Protection Awards

The United States Conference of Mayors 11th anniversary Winners Mayors’ Climate protection awards:

Honorable Mentions (Large City) – Hawai’i Mayor Harry Kim and the Lalamilo Windfarm Project:

Hawai’i Department of Water Supply’s (DWS) Lalamilo Windfarm project officially opened for commercial operations in September 2016, with five turbines generating 3.3 megawatts of electricity with no-export to the grid.
As an island state, the State of Hawai’i has been at the mercy of imported fossil fuel supplies. The Lalamilo Windfarm contributes to the State of Hawai’i’s Clean Energy Initiative’s goal of 100 percent renewable energy by 2045.

Among the challenges in developing this project were permitting hurdles, most notably those involving the expected take of endangered bats and sea birds such as petrels.

Lighting was installed at downward facing angles and down-shielded to avoid attraction and disorientation of night-flying seabirds. It also will be less attractive to insects at turbine blade heights which may attract bats.

The turbines are also programmed to cut in and produce energy only when the wind exceeds 5 meters per second and the blades are feathered into the wind when the wind speeds are below 5 meters per second to minimize impact to both bats and birds. Bird flight diverters were also installed to minimize the potential for birds colliding with the overhead electrical transmission lines.
The windfarm is designed to provide a renewable energy source and a stable rate platform for the Department of Water Supply’s pumping equipment for the next 20 years. The CO2 offset for the Lalamilo Windfarm is estimated at 5,000 metric tons of CO2 per year.

At the 2015 groundbreaking for Lalamilo

This is arguably the first time in Hawai’i, and perhaps the nation, that a local government has developed such a wind-powered, water-pumping facility capable of significant greenhouse gas reductions at no cost to the taxpayer.

The National Renewable Energy Laboratory in Colorado, in partnership with DWS and the Department of Research and Development, worked out models of the energy output potential for the windfarm site, at no cost to DWS or its customers. In April 2013, the project was awarded to Lalamilo Windfarm Wind
Company LLC, which designed, constructed, owns, and maintains the facility, through a Power Purchase Agreement. Planning, design, and construction were also done at no cost to DWS.

The turbines of the Windfarm are located on 78 acres adjacent to eight DWS water wells in Lalamilo Windfarm, South Kohala, on the site of a previous windfarm built in the mid-1980s. The use of wind energy while reducing our dependence on imported fossil fuels, also ensures a stable source of energy that is expected to reduce energy costs to DWS and its customers over the next
20 years.

Hawaii Mayor Signs Emergency Proclamation for Homeless Folks – Suspends Some County Laws

Hawaii County Mayor Harry Him signed an emergency proclamation today due to the increasing homeless population in the Kona area of the Big Island of Hawaii:

Mayor Harry Kim

WHEREAS, Chapter 127A Hawaii Revised Statutes, provides for the establishment of County organizations for emergency management and disaster relief with the Mayor having direct responsibility and authority over emergency management within the County.

WHEREAS, Chapter 127A Hawaii Revised Statutes and Chapter 7, Articles 1
and 2 of the Hawaii County Code, establishes a Civil Defense Agency within the
County of Hawaii and prescribes its powers, duties, and responsibilities, and
Section 13- 23 of the Hawaii County Charter empowers the Mayor of the County to declare emergencies; and

WHEREAS, homeless individuals have established an encampment at the
County of Hawaii’s Old Kona Airport Park, District of South Kona, County and State of Hawaii; and

WHEREAS, the homeless individuals at the Old Kona Airport Park were removed from the park grounds; and

WHEREAS, these homeless individuals could be temporarily sheltered at the
grounds of the Hale Kikaha Project located in the District of North Kona County and State of Hawaii; and

WHEREAS, these unsheltered homeless individuals are without access to
adequate bathroom, shower and living facilities; and

WHEREAS, these unsheltered homeless individuals require health and social
services in order to maintain themselves safely and in reasonable health; and

WHEREAS, the lack of secure, safe and sanitary shelter, and adequate health
and social services for these homeless people is endangering the health, safety and welfare of these people and pose a threat to the environment and public health, and demands emergency action to prevent or mitigate suffering, injury, loss, or damage to persons and property; and County of Hawaii is an Equal Opportunity Provider and Employer

WHEREAS, pursuant to section 127A- 13( b)( 1) Hawaii Revised Statutes the
Mayor has the authority to relieve hardships and inequities, or obstructions to public health, safety or welfare found by the Mayor to exist in the laws of the County and to result from the operation of federal programs or measures taken under Chapter 127A Hawai’ i Revised Statutes, by suspending the county laws, in whole or in part, or by alleviating the provisions of county laws on such terms and conditions the Mayor may impose; and

WHEREAS, pursuant to section 127A- 13( b)( 2) Hawai’ i Revised Statutes the
Mayor has the authority to suspend any county law that impedes or tends to impede or to be detrimental to the expeditious and efficient execution of, or to conflict with emergency functions, including the laws by which Chapter 127A Hawai’ i Revised Statutes, specifically are made applicable to emergency personnel; and

WHEREAS, due to the possibility of threat to the environment and public health to residents of the District of South and North Kona, Hawaii Island, and the need for government agencies and representatives from the private sector to mobilize and provide immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawai’ i Revised Statutes, and Chapter 7, Hawaii County Code.

NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawai’ i, do hereby proclaim and declare that an emergency contemplated by section 127A- 14, Hawaii Revised Statutes has occurred in the County of Hawai’ i and hereby proclaim an emergency for the purposes of implementing the emergency management functions as allowed by law, effective August 1, 2017, and continuing thereon for 60 days or until further act by this office.

I FURTHER DECLARE, that pursuant to sections 127A- 13( b)( 1) and ( 2) the following County laws are suspended during the emergency period as they relate to the grounds of Hale Kikaha Project located in the District of North Kona, County and State of Hawaii:

  1. Chapter 5 Building Code.
  2. Chapter 25 Zoning Code.
  3. Chapter 26 Fire Code.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaii to be affixed. Done this 1st day of August, 2017 in Hilo, Hawai’ i.

HARRY KIM
Mayor
County of Hawai’ i

About Pahoa’s New Library

Well it looks like Pahoa will be getting a new library!

In a Mayor Kim response letter to State Librarian Stacey A. Aldrich dated July 26th 2017,  Kim stated that the county fully supports a new public library for Pahoa and would allow it at the existing location where the Pahoa Police and Fire Station currently exists on Highway 130 as long as there is a separate access that wouldn’t interfere with emergency response vehicles.

Hawaii County Affordable Housing Projects to be Built on Former Unexploded Ordinance Sites

In a June 22, 2017 letter that Hawaii County Mayor Harry Kim sent to J.C. King, Director of Munitions and Chemical Matters, ODASA(ESOH) he is asking the Army to “…change the direction of its Unexploded Ordinance Clearance Schedule and parcel out specific sites that are designated for affordable housing projects.”

Full Letter:

On behalf of the residents of Hawai’i Island, I would like to request the U.S. Army to change the direction of its Unexploded Ordinance Clearance Schedule and parcel out specific sites that are designated for affordable housing projects.

The State of Hawai’i is mandated to build 22,000 affordable housing units by the year 2025 and the County of Hawai’i has been actively seeking ways to meet its part of this mandate.  Approximately two (2) years ago, the U.S. Department of Housing and Urban Development (HUD) was made aware of concerns of unexploded ordinances (UXO) in the Former Waikoloa Maneuver Area.

Since this notification, HUD has placed restrictions on new funding into this area, effectively stopping the development of four (4) multi-family, affordable housing projects that would provide desperately, needed housing for 1,564 families.  In addition, there are two (2) existing affordable housing projects (consisting of 108 families), that need to have their properties surveyed and cleared to eliminate any danger from unexploded ordinances. These are:

Proposed:

  • Kamakoa Nui (County of Hawai’i) 1,200 units
  • Plumeria at Waikoloa (JSM Enterprises) 200 units
  • Waikoloa Family Affordable (Gary Furuta) 104 units
  • Kaialulu O Waikoloa (Urban Housing) 60 units

Existing:

  • Waikoloa Gardens (Jack Hall Waikoloa) 24 units
  • Ke Kumu Ekaki (State Hawai’i Housing) 94 units

Again, I strongly urge your agency to parcel out these projects and schedule them for Ordinance Clearance work at the earliest date possible.  I cannot emphasize the importance of clearing these subject parcels so as we can help our citizens make this island a better place to live.

Please contact Neil Gyotoku of my staff at (808) 961-8379 if we can be of any assistance in resolving this important issue.

Sincerely,

Harry Kim, Mayor

Commentary – Mayor Kim’s Administration Has Made Me Very Discouraged

Mayor Harry Kim’s administration has been in office roughly six months. The way I’ve been treated over this period of time has been nothing short of abysmal, and made me very discouraged about interacting with his administration about transportation issues. It isn’t very appealing to get a phone call from the mayor directly, who proceeds to yell at you over the phone and state that you don’t have the facts straight.

I would let this go if this was my only issue with Mayor Kim,  but it is not. February 6th, 2017 is a day I’ll remember for a very long time. The new Department of Public  Works director Frank DeMarco issued a sweeping  directive against me that stated I cannot talk to anyone at DPW, and would have submit all inquiries directly to the mayor’s office in writing.

I was able to get this directive somewhat amended, so I could go through the DPW public affairs officer. This made a very difficult situation more palatable, but I still couldn’t talk to the front line engineers that I established relationships with. Some of these engineers I’ve known for 10 years or more. As of a result of this ill-advised directive, I can’t communicate with these engineers going forward.

These actions by Frank DeMarco are a stark example that he intends to ignore public feedback regarding transportation issues. Warren Lee, the previous director, welcomed feedback from the public. He went as so far to take me on a tour of the construction of the Mamalahoa Highway bypass at one point.

I’ve helped DPW advance several West Hawaii transportation projects, which has established a favorable track record with these engineers. However, Frank DeMarco stated at council meeting on April 11th that I was making too many inquiries with DPW staff, which was causing problems for DPW and other county departments. This could be farther from the truth, along with being very hurtful.

I’ve lived in here Kailua-Kona over 41 years, and have had only the community’s best interest at heart.  These issues with Mayor Kim’s administration are far and beyond the biggest challenge that I’ve faced with a government entity. We should be working together to make this a better place as I have a lot to offer, but Mayor Kim’s administration insists on treating me like an enemy of the state instead.

Aaron Stene, Kailua-Kona

Editors note – Clip taken from the DPW Homepage. http://www.hawaiicounty.gov/public-works/

Emergency Proclamation for Hakalau Bridge Signed by Mayor Kim Last Month

WHEREAS, Act 111 of the 2014 Hawai‘i State Legislature provides for the establishment of County organizations for emergency management and disaster relief, with the Mayor having direct responsibility and authority over emergency management within the County; and

WHEREAS, Act 111 of the 2014 Hawai‘i State Legislature and Chapter 7, Articles 1 and 2 of the Hawai‘i County Code, establish a Civil Defense Agency within the County of Hawai‘i, and prescribe said agency’s powers, duties, and responsibilities, and Act 111 of the 2014 Hawai‘i State Legislature and Section 13‑23 of the Hawai‘i County Charter empower the Mayor of the County to declare emergencies; and

WHEREAS, the Federal Highway Administration (FHWA) has determined that one of the bridge abutment footings for the County’s Hakalau Stream Bridge over Old Māmalahoa Highway, Bridge No. 001290001100003, 29-3 has been undermined by scouring; and

WHEREAS, the FHWA has communicated to the County that the scouring has undermined the abutment to severely compromise its integrity and stability, which may affect the bridge’s ability to safely carry vehicular loads and creates an imminent threat of the bridge suddenly collapsing; and

WHEREAS, the bridge is open to and traversed by the public for vehicular and pedestrian access; and

WHEREAS, due to the possibility of property damage and/or bodily injury to residents of Hawai‘i Island, and the need for government agencies and/or representatives from the private sector to mobilize and provide immediate services to our island residents, a local state of emergency is authorized pursuant to Act 111 of the 2014 Hawai‘i State Legislature and Chapter 7 of the Hawai‘i County Code.

NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawai‘i, do hereby proclaim and declare that a local state of emergency exists on Hawai‘i Island, effective February 9th, 2017, to authorize the County’s Department of Public Works to take whatever actions are necessary and/or appropriate to address this local state of emergency, to continue for 60 days or until further act by this office.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed this 9th day of February, 2017, in Hilo, Hawaiʻi.

HARRY KIM

Mayor, County of Hawai‘i