HomeMy WebLinkAboutCOM 1102.000 2004-2006
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Harry Kim Dixie Kaetsu
Mayor Managing Director
Barbara Kossow
h~~Yap'Ni:M~ Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-4252 • (808) 9615211 • Fax (808) 9616553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 Fax (808) 326-5663
September 27, 2006
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Honorable Stacy Higa, Chairman
and Members of the County Council a,
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
Repeal of Change of Zone Ordinance No. 96-81 (REZ 825)
Applicant: Jon Mitsuda
Tax Map Key: 2-4-80:15 (formerly 2-4-3:portion of 4)
Planning Director Initiated
Amendment to Chapter 25 (Zoning Code), Article 1, Section 25-1-5(b),
Of the Hawaii County Code 1983 (2005 Edition, As Amended), by Amending
The Definition of "Family"
As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sinc ,Re y,
/Harry Kim
P Mayor
Enclosures
cc: Planning Department
Comm. No. I 2
Ref. To:
Ref. Dote SEP 2 9 2nnR
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax(808)961-8742
September 27, 2006
Stacy Higa, Chairman
and Members of the County Council
County of Hawai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Planning Director Initiated
Amendment to Chapter 25 (Zoning Code), Article 1, Section 25-1-5(b),
Of the Hawaii County Code 1983 (2005 Edition, As Amended), by Amending
The Definition of "Family"
The Planning Commission at its duly held public hearing on September 7, 2006,
considered the Planning Director's request for an amendment to Chapter 25 (Zoning
Code), Article 1, Section 25-1-5(b) of the Hawaii County Code 1983 (2005 Edition, as
amended), by amending the definition of "family" to read as follows: "Family" means an
individual or two or more persons related by blood, state-sanctioned adoption, foster
parentage, guardianship or marriage, or a group of not more than five unrelated persons
(excluding servants), occupying a dwelling unit. The term includes individuals in larger
group living situations described as group living facilities and family child care homes[.]
and a group of not more than eight unrelated persons plus any program staff, living in a
facility licensed by the department of health."
A motion was made to send a favorable recommendation to the County Council. There
were three votes in favor of the motion and three against. Therefore, the motion did not
pass. No other motions were made.
The three to three vote constitutes a "no action" by the Planning Commission because of
the lack of the five affirmative votes required by Hawaii County Charter, Section 13-4(I).
Under Section 25-2-42(d)(3) and Planning Commission Rules 11-3(b)(2), the Planning
Commission's non-action constitutes an unfavorable recommendation. This unfavorable
recommendation is being forwarded to you, along with a copy of the hearing transcripts,
draft bill, and background report.
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
Should you have questions regarding this matter, please contact Norman Hayashi of the
Planning Department at 961-8288, ext 205.
Sincerel ,
imo Alameda, Chairman
Planning Commission
Ldefoffamity0lpc
Enclosures
cc: Planning Department-Kona
Lincoln Ashida, Esq./Corporation Counsel
6KAwaudi awdyLkt.jwd 08-28-06
COUNTY OF HAWAII PLANNING DEPARTMENT
2"d REVISED BACKGROUND REPORT
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE)
BACKGROUND
The Planning Director is initiating an amendment to the definition of family in the
County of Hawaii Zoning Code. This amendment will address group living facility type
programs that operate within a single-family dwelling, which are licensed and regulated
by the Department of Health.
The amendment will allow up to eight residents, plus any program staff, in a group
home licensed or certified by the Department of Health.
Presently, group homes are limited to five unrelated persons, unless they fall
under exceptions allowed by the Zoning Code and State law. These exemptions are 1) a
Type II Adult Residential Care Home (ARCH), which is for elderly persons, or others
needing assistance in activities of daily living, or 2) an intermediate care facility/mental
retardation community (ICFIMR-C) that allows for up to eight persons, and 3) a "family
child care home", which allows for three to no more than six children who are unrelated
to the caregiver by blood, marriage, or adoption at any given time. Within the State Land
Use Agricultural district, a Special Permit can be applied for to increase the amount
beyond five unrelated persons.
Group living programs that presently require a license from the Department of
Health include Adult Residential Care Homes (ARCHs), Special Treatment Facilities
(STFs), Therapeutic Living Programs (TLPs), Developmental Disabilities Domiciliary
Homes (DDDHs) and Assisted Living Facilities (ALFs). The following is a summary of
these programs:
1. Adult Residential Care Home (ARCH): According to Section 321-15.1,
HRS, an Adult Residential Care Home is defined as "any facility
providing twenty-four-hour living accommodations, for a fee, to adults
unrelated to the family, who require at least minimal assistance in the
i
ATTACH: Coma. 1102
Bill 345
activities of daily living, personal care services, protection, and health care
services, but who do not need the professional health services provided in
an intermediate, skilled nursing, or acute care facility." Rules for these
facilities are under Hawaii Administrative Rules (HAR) Title 11, Chapter
100 (Adult Residential Care Homes). (Planning Department Exhibit 1-
HAR, Title 11, Chapter 100)
2. Special Treatment Facility/Therapeutic Living Program (STF/TLP):
According to Section 334-1, HRS, a Special Treatment Facility is defined
as "a public or private facility which provides a therapeutic residential
program for care, diagnosis, treatment or rehabilitation services for
emotionally distressed persons, mentally ill persons or persons suffering
from substance abuse." Rules for these facilities are under Hawaii
Administrative Rules (HAR) Title 11, Chapter 98 (Special Treatment
Facilities) (Planning Department Exhibit 2 - HAR, Title 11,
Chapter 98). A Therapeutic Living Program is defined as "a supervised
living arrangement that provides mental health or substance abuse services
for individuals or families who do not need the structure of a special
treatment facility and are transitioning from a more restrictive treatment
setting to independent living. The program aids residents in meeting basic
needs and provides supportive services through a required service plan."
The proposed rules for these types of facilities are Hawaii Administrative
Rules (HAR), Title 11, Chapter 92 (Therapeutic Living Programs), which
has not gone to public hearing yet. The Department of Health is licensing
these facilities under HAR Chapter 98 until their proposed new rules are
passed.
3. Developmental Disabilities Domiciliary Home (DDDH): According to
HRS 321-15.9, a Developmental Disabilities Domiciliary Home (DDDH)
is defined as "a residence for not more than five persons with
developmental disabilities or mental retardation that require twenty-four
hour supervision or care, but do not require care by licensed nurses in a
l
domiciliary setting." Although licensed by the Department of Health, it
only allows up to five persons, and is permitted under the current
definition of family.
4. Assisted Living Facility (ALF): According to Section 321-15.1, HRS, an
Assisted Living Facility is defined as "a combination of housing, health
care services, and personalized supportive services designed to respond to
individual needs, to promote choice, responsibility, independence, privacy,
dignity, and individuality." Rules for these facilities are under Hawaii
Administrative Rules (HAR) Title 11, Chapter 90 (Assisted Living
Facilities).
Clean and Sober Homes, as defined under HRS 464(f), do not require a license
from the Department of Health because there is no supervision, rehabilitation or
therapeutic services or care conducted on the premises. This type of facility will
only be allowed to operate with 5 or fewer unrelated persons, even if the proposed
amendment to the definition of family is approved, because these types of
facilities will not be licensed or certified by the Department of Health.
These group living programs are meant to be non-institutional and are designed to
be operated within a single-family dwelling. They are low impact type facilities that are
licensed and regulated by the Department of Health-Office of Health Care Assurance
Division for compliance with the Department of Health rules that are applicable for each
type of facility. The Planning Director believes that these facilities are accessory to the
single-family dwelling and that they provide valuable services to residential communities
for disabled persons needing treatment. It is proposed that these group living facilities
would be allowed to operate within the State Land Use Urban district with up to 8
residents plus live-in staff, because they are regulated and licensed or certified by the
Department of Health. This would also include facilities that are located within the State
Land Use Agricultural on lots where single-family dwellings are allowed, which are
those lots created before June 4, 1976 or on lots created after June 4, 1976, as long as the
home is also used as a "farm dwelling." The Department of Health has created a Zoning
Clearance Form, which is given to the applicant of these types of facilities. The form will
need to be filled out and signed by the applicant and the Planning Department.
(Planning Department Exhibit 3 - Zoning Clearance Form)
The definition for family within the County of Hawaii Zoning Code is presently
defined as "an individual or two or more persons related by blood, state-sanctioned
adoption, foster parentage, guardianship or marriage, or a group of not more than five
unrelated persons (excluding servants), occupying a dwelling unit. The term includes
individuals in larger group living situations described as group living facilities and family
child care homes." The Planning Director is proposing to add the phrase "and a group of
not more than eight unrelated persons, plus any program staff, Iiving in a facility licensed
or certified by the department of health" to achieve the purpose of the amendment.
Besides Hawaii County, other counties have adopted similar language to their
definition of family addressing group living or residential facilities licensed by the state.
The City and County of Honolulu defines family as "one or more persons, all related by
blood, adoption or marriage, occupying a dwelling unit or lodging unit. A family may
also be defined as no more than five unrelated persons. In addition, eight or fewer
persons who reside in an adult residential care home, a special treatment facility or other
similar facility monitored andlor licensed by the State of Hawaii shall be considered a
family. Resident managers or supervisors shall not be included in this resident count."
(Emphasis added). Additionally, Maui County defines family as "an individual living
alone or a group of two or more persons related by blood or marriage and their legal issue
living together as a single housekeeping unit in a dwelling unit and in which two
boarders, unrelated by blood may be living on a long-term residential basis. A family
may also be defined as no more than five unrelated persons living together as a single
housekeeping unit. In addition, eight or fewer persons who reside in residential facilities
monitored andlor licensed by the state pursuant to chapter 46-15.3 of the Hawaii Revised
Statutes shall constitute a family. Resident managers, supervisors or operator and
operator's family shall not be included in the resident count" (Emphasis added).
There may be legal problems if Hawaii County does not do something to make it
easier to establish group homes. The federal fair housing law prohibits discrimination
against people with disabilities. Most of these group homes serve people with
disabilities, and the courts have ruled that such people have special need for group
homes. Local governments must make "reasonable accommodations" so that such group
homes can be established. A limit such as the "five unrelated persons" rule in the current
Hawaii County zoning code can be struck down by the court if the court finds that it has
the effect of limiting group homes, and that increasing the number of persons allowed
would be a reasonable accommodation.
RECOMMENDATION
For the reasons presented above, the Planning Director is initiating this
amendment to the Zoning Code and recommends approval of the change by the Planning
Commission and the Hawaii County Council. The accompanying draft bill to amend
Chapter 25 (Zoning Code) is provided for your favorable consideration.
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COUNTY OF HAWAII STATE OF HAWAIII
•••hOF Mr+
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-1-5(b),
(ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO THE DEFINITION OF FAMILY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, subsection 25-1-5(b), (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "family"
to read as follows:
""Family" means an individual or two or more persons related by blood, state-
sanctioned adoption, foster parentage, guardianship or marriage, or a group of not
more than five unrelated persons (excluding servants), occupying a dwelling unit.
The term includes individuals in larger group living situations described as group
living facilities and family child care homes and a group of not more than eight
unrelated persons, plus any program staff, living in a facility licensed or certified by
the department of health."
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
I
HAWAII ADMINISTRATIVE RULES
TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 100
ADULT RESIDENTIAL CARE HOMES
§11-100-1 Purpose
§11-100-2 Definitions
§11-100-3 Licensing
§11-100-4 Transition licensing
§11-100-5 Licensing fees
§ 11-100-6 Personnel and staffing requirements
§11-100-7 General staff requirements
§11-100-8 Admission policies
§11-100-9 Emergency care of residents and disaster preparedness
§11-100-10 Food service
§11-100-11 General operational policies
§I1-100-12 Medications
§11-100-13 Plan of care
§ 11-100-14 Record and reports
§11-100-15 Recreational, rehabilitative programs, and social services
§11-100-16 Resident accounts
§11-100-17 Resident health care standards
§11-100-18 Residents' rights
§11-100-19 Transfer and discharge of residents
§11-100-20 Physical environment
§11-100-21 Violations: license suspension, revocation, and other
penalties
§ 11-100-22 Discontinuance of home and revocation of license
§11-100-23 Appeal of department's decision
§11-100-24 Repeal of existing rules
§11-100-49 Severability
Historical note: This chapter addresses the amalgamation of care homes formerly licensed
by the department of health under chapter 12B and boarding homes formerly licensed by
the department of social services and housing under chapter 883.
§11-100-1 Purpose. This chapter establishes minimum requirements for the
licensure of adult residential care homes in order to protect the health, welfare, and safety
of residents in adult residential care homes.
Planning Dept.
Exhibit
r
§11-100-2 Definitions as used in this chapter: "Activities of daily living"
means basic services required to be provided by the facility for benefit of residents in
order to obtain and maintain a license and shall include, the following: personal care,
shelter, protection, supervision, assistance, guidance or training, planned activities, food
service, recognition of and provision for changes in health status, and arrangement for
and transportation to medical and dental offices.
"Adult residential care home (ARCH)" means any facility providing twenty-four
hour living accommodations, for a fee, to adults unrelated to the family, who require at
least minimal assistance in the activities of daily living, but who do not need the services
of an intermediate care facility. It does not include facilities operated by the federal
government. There shall be two types of adult residential care homes:
(1) Type I home for five or less residents; and
(2) Type II home for six or more residents.
"Ambulatory" means able to walk without human assistance.
"Boarding home" means any home with a valid license and so certified by the
department of social services and housing prior to July 1, 1986.
"Cardiopulmonary resuscitation" or "CPR" means an emergency first aid
procedure that consists of opening and maintaining a patient's airway, providing artificial
ventilation by means of rescue breathing, and providing artificial circulation by means of
external cardiac compression.
"Category 1" means that the licensee of an adult boarding home meets the
requirements of sections relating to training of this chapter and qualifies for an adult
residential care home license.
"Category 2" means that the licensee of an adult boarding home does not meet
the requirements of sections relating to training of this chapter but that the licensee
intends to fulfill these requirements.
"Category 3" means that the licensee of an adult boarding home does not meet
the requirements of sections relating to training of this chapter and does not intend to
meet the requirements.
"Department" means the department of health, State of Hawaii.
"Dietitian" means a person who:
(1) Is registered by the Commission on Dietetic Registration of the
American Dietetic Association; or
(2) Is eligible for such registration.
"Director" means the director of health, State of Hawaii.
"Existing buildings" means those buildings currently approved for occupancy by
the department, or those for which construction plans are approved and stamped by the
department and appropriate county and state government.
"Intermediate care facility (ICF)" means a facility which provides to persons
referred by a physician, health related services which may be preventive, therapeutic, or
restorative, which are above the adult residential care home level of room, board, laundry
and personal care services, but less than skilled nursing facility care and services.
"Licensee" means the person who holds the license to operate an adult residential
care home.
"Licensed capacity" means the number of residents and the type of residents
permitted by the director in a particular adult residential care home, and so stated on the
license.
"Licensed nurse" means either a licensed practical nurse or a registered
professional nurse.
"Licensed practical nurse" or "LPN" means an individual licensed as a practical
nurse by the State of Hawaii, pursuant to chapter 457, HRS.
"Nurse aide" means an individual who has completed a nurse aide course in a
community college in Hawaii or an individual who completes an equivalent nurse aide
course elsewhere and passes an equivalency test approved by the department or who has
had one year of full time employment as a nurse aide under the supervision of a
registered nurse in a hospital, skilled nursing facility, intermediate care facility, or home
health agency.
"Nutritionist" means a person who has completed a master's degree in public
health nutrition or nutritional sciences from an accredited university, and is a registered
dietitian or is eligible for registration by the Commission on Dietetic Registration of the
American Dietetic Association.
"Occupational therapist" means a person currently registered or eligible for
registration by the American Occupational Therapy Association, and meets the
qualifications under chapter 457G, HRS.
"Operator" means the licensee of an adult residential care home licensed by the
department who is responsible for the supervision of the care home and the residents
therein, and also means the administrator of the adult residential care home.
"Physical therapist" means a person who is licensed as a physical therapist in the
state.
"Physician" means an individual holding a valid license to practice medicine or
osteopathy issued under chapters 453 or 460, HRS.
"Registered professional nurse" means a person who is licensed as a registered
nurse in the State of Hawaii, as defined by chapter 457, HRS.
"Representative payee" means an individual who meets the requirements of the
Social Security Administration to receive a Social Security payment on behalf of a
resident.
"Resident" is a person unrelated to the operator who resides in an adult
residential care home and who requires minimal assistance in the activities of daily
living. Such persons do not need assistance from skilled, professional personnel on a
regular long-term basis. Persons requiring an increased level of care may be permitted in
adult residential care homes if the operator is deemed capable by the department of
providing the necessary interim care while awaiting transfer to an appropriate facility.
"Responsible agency" means any public or private agency that has responsibility
for the health, welfare, or financial support of the resident.
"Responsible adult" means an adult who temporarily takes charge of an adult
residential care home during the absence of the licensee or operator. The person shall be
capable of managing any event occurring in the home as well as the licensed operator
could have managed had she/he been present.
"Skilled nursing facility (SNF)" means a health facility which provides the
following basic services: skilled nursing care and supportive care 24-hours per day to
patients whose primary need is for availability of skilled nursing care on an extended
basis.
"Standard chest x-ray" means an 11" X 14" chest x-ray taken by standard
techniques.
"Trained medical care" means care which requires a certain medical knowledge
or medical skill which is not usually taught in a general educational curriculum or teamed
in a conventional life experience.
"Tuberculin skin test" means an intradermal injection of .0001 mg (5 tuberculin
units) of purified protein derivative in 0.1 cc of sterile diluent. If the size of any resulting
palpable induration at forty-eight hours to seventy-two hours after the injection is 10 mm
or greater in its transverse diameter, the reaction to the skin test shall be considered
significant.
Whenever the singular is used in this chapter it can include the plural.
§ 11-100-3 Licensing. (a) No person, or group of persons may operate an adult
residential care home unless it is licensed by the department.
(b) Any person, or group of persons desiring to operate an adult residential
care home shall apply to the department for a license on forms furnished by the
department. The department shall issue a license if the proposed facility meets the
requirements under this chapter.
(c) A license, when granted, shall be in force for one year, or at such other
interval of time as may be decided by the department. If, upon due written notice from
the department that the license is expiring, application for relicense is not filed, the
license shall be automatically cancelled as of the expiration date determined from the
license.
(d) A provisional license may be issued for a specified period of time at the
discretion of the department for the purpose of giving additional time for correction of
deficiencies. Not more than two successive provisional licenses shall be issued to a
specific adult residential care home.
(e) A waiver from a specific rule may be permitted a facility, for a specified
period of time at the discretion of the department.
(f) Each license shall be issued to a person or a group of persons by name,
as well as to a specific physical facility; any change in either requires that the department
be notified in order to make a determination as to whether or not a new license needs to
be issued. The license may not be transferred from one licensee or physical location to
another. A separate license must be secured for each home.
(g) The license issued by the department shall be posted in a conspicuous
place visible to the public, on the premises of the adult residential care home.
(h) Inspection visits may be made to a licensed adult residential care home at
any reasonable time without prior notice for the purposes of confirming correction of
deficiencies and for investigation of complaints. An approximate time for the annual
inspection visit will be given to the operator.
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(i) If there is contemplated an increase in the level of remunerative outside
work being done by the licensee, the department shall be notified as soon as practicable,
and in any case, prior to the change. Failure of this notification shall be considered
sufficient grounds for license revocation. In the event that the licensee finds full time
outside employment, then there shall be a person qualifying under section 1 I-100-6, who
will assume the duties of the operator.
0) Any new applicant who is not issued the type of license requested, or has
not received a decision within two months after a completed application has been
received by the department, may appeal the action of the department by notifying the
director in writing. Appeal proceedings shall be in accordance with chapter 91, HRS, and
the department's rules of practice and procedure.
(k) The department may require that a complaint concerning a specific adult
residential care home be expressed in a signed statement.
(l) Current written policies covering the adult residential care home's rates,
proposed staffing, visiting hours, emergency plans, access to records, and any other
written policies required by this chapter for the type of residents proposed to be admitted,
shall be submitted to the department prior to licensure.
(m) The applicant shall provide the department with evidence that the
premises comply with state and county building, housing, fire, and other codes,
ordinances, and laws for the type of occupancy to be licensed shall be supplied.
Compliance shall include, but not be limited to the following:
(1) Occupancy section of the county building code;
(2) Applicable zoning ordinance of the county;
(3) Obtainment of a use permit if required by the county;
(4) Obtainment of a written approval to operate an adult residential care
home from the owner when the home is rented, leased, or on leased land;
(5) Applicable state laws and administrative rules relating to sanitation,
health and environmental safety.
(n) There shall be full disclosure of adult residential care home ownership or
control, and a projected annual budget showing the facility's expected income and
expenditures based on an estimated sixty per cent occupancy rate. The financial
resources of the owner shall be sufficient to operate the facility according to standards set
forth in this chapter. The owner shall provide, upon request, such evidence as deemed
necessary by the licensing agency to establish such fact.
(o) Such other information as the department may reasonably require for the
purposes of this chapter shall be provided.
(p) Subsequent to issuance of an adult residential care home license, a
representative of the director shall inspect each facility operation annually in accordance
with a tentative schedule available in advance to the licensee.
§11-100-4 Transition licensing. (a) Any facility which has a valid adult
boarding home license as of the date July 1, 1986, will be considered to have a
provisional adult residential care home license which will be valid from July 1, 1986,
until their current adult boarding home license expires.
(b) Any facility which has a valid adult boarding home license as of the date
July 1, 1986, will receive an adult residential care home license on the date that the
current adult boarding home license expires after July 1, 1986; provided that a facility
having a valid adult boarding home license shall meet all the appropriate rules in this
chapter except:
(1) That sections relating to physical environment of this chapter need not be
met as long as all residents are ambulatory, unless the director
determines that failing to meet these rules would seriously jeopardize the
health and safety of the residents in the facility;
(2) Each facility shall select one of the following three categories: Category
1, Category 2, Category 3. The facility shall notify the department of
this selection at least 30 days prior to the expiration date of the adult
boarding home license.
(A) If a Category II facility contains a resident who needs trained
medical care, the licensee must complete training and reach
compliance with this chapter prior to July 1, 1987, or else the
resident must be transferred to another facility;
(B) If a Category II facility does not contain residents who need
trained medical care, the licensee has until July 1, 1988, to reach
compliance with this chapter;
(C) In the case of subparagraphs (A) or (B), new residents may be
accepted provided they do not need trained medical care;
(D) For Category III no new residents may be accepted by the
facility; and
(E) Any residents in the home who need or who develop the need for
trained medical care shall be transferred promptly to another
facility.
§11-100-5 Licensing fees. Appropriate fees, if any, as determined by the
director, shall be charged by the department for obtaining an initial license or obtaining a
license renewal. Prior notice of the amount of the fee shall be provided the licensee.
§11-100-6 Personnel and staffing requirements. (a) To qualify as a licensee of a
Type I adult residential care home, an individual shall:
(1) Be at least eighteen years of age;
(2) Be a nurse aide;
(3) Have completed adult residential care home teaching modules approved
by the department;
(4) Have at least one year's experience working full time in an intermediate
care facility, skilled nursing facility, home health agency, or hospital;
(5) Have no activities outside the facility sufficiently demanding of the
licensee's time and energy as to interfere with proper and adequate care
of the residents;
(6) Have no family responsibilities sufficiently demanding on the licensee's
time and energy as to interfere with proper and adequate care of the
residents;
(7) Demonstrate to the department sufficient skill in the use of the English
language to fully accomplish the objectives of the program and to
comply with the requirements of this chapter;
(8) Have achieved an acceptable level of skills in first aid, nutrition, and
cardiopulmonary resuscitation and appropriate nursing and behavior
modification techniques as required for care of all residents admitted to
the facility;
(9) Attend and successfully complete at least two training sessions per year
as may be developed or recommended by the department;
(10) Have knowledge of the availability of community services which may be
utilized by the residents and operator.
(b) The administrator of a Type II home in addition to the requirements in
subsection (a), shall be able to demonstrate appropriate knowledge of:
(1) Administrative techniques;
(2) Business accounting;
(3) Large volume food purchasing and meal preparation;
(4) Supervisory personnel techniques;
(5) Large volume laundry handling techniques;
(6) Infectious disease control techniques.
§I1-100-7 General staff requirements. (a) All individuals living in the adult
residential care home, including those who provide services directly to residents shall
have documented evidence that they have had examination by a physician prior to their
first contact with the residents of the home. This examination shall be repeated yearly.
The examination shall be specifically oriented to rule out infectious disease.
(1) If the tuberculin skin test is positive, a standard chest x-ray and
appropriate medical follow-up must be obtained. A yearly chest
x-ray thereafter shall be required for three successive years;
(2) If the tuberculin skin test is negative, a second tuberculin skin test shall
be done after one week, but not later than three weeks, after the first test.
The results of the second test are to be considered the baseline test and
will be used to determine appropriate treatment follow-up. If the second
test is negative, it shall be repeated once yearly thereafter until it
becomes positive.
(b) Any individual providing services to the residents who develops
evidence of an infectious disease shall be immediately relieved of any duties relating to
food handling or direct resident contact, or both, and shall continue to be relieved of
duties until such time as a physician certifies it is safe for the individual to resume the
duties. Undiagnosed skin lesions, or respiratory tract symptoms or diarrhea shall be
considered presumptive evidence of an infectious disease.
(c) There shall be clear documentation that all those who provide services to
residents have been informed concerning subsections (a) and (b).
(d) The responsible adult shall have, as a minimum, the following skills for
the respective time periods of absence of the licensed care home operator. This does not
preclude the temporary transfer of the residents to another suitably licensed and staffed
adult residential care home.
Duration of absence Required skills of the
of care home operator responsible adult
As long as zero-three 1) Able to communicate (read
hours and write) in the English language.
2) Make medications available to residents and
properly record such action.
As long as four-six In addition to above, must be able:
hours 3) To cook and serve a meal.
4) Give necessary feeding assistance.
5) Be CPR certified.
6) Have first aid training.
7) Be able to give personal care.
8) Be able to dress and bathe residents.
4) Be able to continue recreational programs.
10) Be able to transport residents to out-of-home
events and appointments.
11) Be able to carry out necessary transfer
techniques.
12) Be able to accurately take and record
temperature, pulse, and respiration.
Greater than six hours In addition to above, must be able to
hours 13) Do necessary shopping for home and residents.
14) Follow planned menus including special menus
and be able to make appropriate substitution if
required.
15) Have sufficient knowledge and experience in
nursing techniques to care for the residents.
(e) In Type II homes there shall be:
(1) An adequate number of qualified staff, as determined necessary by the
department, awake, dressed, and on duty at all times;
(2) At least one staff member of each shift shall be a nurse aide or a licensed
nurse;
(3) Where there are prescribed medications and treatments on the evening
and night shifts, there shall be designated a properly trained person to
administer the medications and treatments under the general supervision
or directions of a licensed nurse, or someone who has equivalent training
as determined by the department;
(4) Duties and responsibilities of all employees shall be clearly defined in
writing and each staff shall be thoroughly instructed and oriented in all
duties assigned them;
(5) No staff person shall work more than two consecutive eight hour shifts
within a twenty-four hour period.
(f) The licensee of a Type I home shall give as much advance notice to
residents and responsible agencies as possible, but not less than one week, except for
emergencies, if the licensee plans to be absent for more than two days. Plans for
coverage during the period of absence by a responsible adult shall be handled on an
individual basis and shall be submitted in writing to the department for approval.
Responsible adults shall have current tuberculin clearances and be physically and
mentally capable of providing all necessary services to residents.
(g) Facility policies shall include arrangements for staff members to attend
the minimum of two continuing education courses or workshops per year. These may
include courses in nutrition, nursing, recreational activities, first aid, mental health, and
others as arranged, or provided by the department.
(h) All inservice training and other educational experiences for employees
and operators shall be documented and kept current.
(i) If it is deemed advisable, the department may require an examination by
a physician of any licensee or operator as a condition for continued licensure. The
examination shall be specifically oriented to determine if the licensee is capable of caring
for the residents.
§11-100-8 Admission policies. (a) Admission to a licensed adult residential
care home shall be based primarily on the nature and extent of the resident's needs and
licensee's capabilities. Written admission policies regarding resident care needs and
services which will be provided shall be submitted for review to the department prior to
licensure. Information concerning each resident shall also be supplied at the time of each
license renewal survey.
(b) No licensed adult residential care home shall deny admission to any
individual solely on account of race, color, religion, ancestry, or national origin.
(c) The licensee has the right to refuse a person for admission if the licensee
does not have the capability for providing appropriate care.
(d) The number of residents, and level of care required for residents, shall
not exceed its licensed capacity and capabilities of staff as determined by the department.
§11-100-9 Emergency care of residents and disaster preparedness. (a) There
shall be written procedures to follow in an emergency which shall include provisions for
the following:
(1) Arranging for rapid physician attention or for obtaining other available
assistance, such as a crisis response shelter, for any resident who
becomes acutely ill, injured, or dies;
(2) Transportation arrangements for hospitalization or any other services
which are appropriate.
(b) Maintenance of an appropriate first aid kit for emergency use.
(c) Regular quarterly rehearsal of emergency evacuation plans for staff and
residents to follow in case of fire, explosion, or other civil emergency occurring in or
within the environs of the facility.
§11-100-10 Food service. (a) For Type II care homes food service shall be in
compliance with chapter 1-A, Administrative Rules entitled "Food Service and Food
Establishment Sanitation" or as amended.
(b) Meals shall be well balanced and sufficient in quantity, quality, and variety
to meet nutritional requirements of residents and shall be in accordance with the National
Research Council's most current "Recommended Dietary Allowance", and adjusted to age,
sex, activity, and disability.
(c) Menus shall be written at least one week in advance. Current menus
shall be posted in the kitchen and a record of menus with any food substitutions kept for
six months for review. If cycle menus are used, a minimum of four weeks of menus
shall be required.
(d) All foods shall be procured, stored, prepared, and served under sanitary
conditions.
(1) Foods shall be prepared by methods which conserve their nutritional
quality. All foods shall be from sources approved or considered
satisfactory by the department;
(2) Foods shall be selected and prepared to meet the food desires and habits of
residents as much as possible, provided nutritional quality is maintained.
There shall be a minimum of three days' food supplies, which will be
adequate for the number of people to be served;
(3) All foods shall be stored in covered containers;
(4) Refrigerators shall be equipped with an appropriate thermometer and
temperature shall be maintained at 45EF or lower. Potentially hazardous
foods shall meet proper temperature requirements during storage,
preparation, display, service, and transportation;
(5) Toxic chemicals and cleaning agents, such as, insecticides, fertilizers,
bleaches, and all other poisons shall be properly labeled and securely stored
apart from any food supplies;
(6) Rooms used for the storage of food and supplies shall be well ventilated;
(7) For Type Il homes an adequate enclosed area shall be designated for the
preparation and serving of food to protect against the entrance into the
establishment and the breeding or presence on the premises of vermin.
Food service areas shall be easily accessible for delivery of food and
supplies and removal of kitchen wastes;
(8) All employees shall wash hands thoroughly before starting work and as
often as necessary to remove soil and contamination and after personal use
of bathroom facilities;
(9) Water supply shall be of a safe, sanitary quality and from an approved
source. Hot and cold running water under pressure shall be provided in
all areas where food is prepared, or equipment, utensils, or containers are
washed.
(e) Meal service.
(1) A minimum of three meals shall be provided at regular intervals in each
twenty-four hour period;
(2) There shall be not more than fourteen hours between a substantial
evening meal and breakfast;
(3) Meals shall be served attractively, in a comfortable, pleasant atmosphere
in the designated dining area. Eating utensils and dishes designed to
meet the needs of each resident shall be provided.
(f) Special diets shall be provided for residents only when ordered by a
physician. Only those operators who have had dietary training approved by the
department may accept residents requiring such special diets. In Type II homes there
shall be consultation by a registered dietitian or nutritionist from the department
concerning the dietary needs of clients on special diets, and in type I homes whenever
possible.
(g) Diet orders shall be updated as necessary and at least annually by a
physician. Verbal orders for diets shall be recorded on the physician order sheet by the
qualified person receiving the verbal orders and written confirmation by the attending
physician shall be obtained during the next office visit.
(h) Additional food: In addition to regular meals, supplemental food shall be
offered the residents whenever the interval between meals is prolonged or as needed to
meet nutritional needs.
(i) Vitamin and mineral supplements and formula meals shall be
administered to residents only as prescribed by a physician.
0) Suitable space and apparatus shall be provided for cleaning and
sanitizing all food service equipment.
(k) Personnel.
(1) There shall be sufficient number of competent persons to manage,
prepare and serve food to residents;
(2) Where necessary the operator shall provide to the resident(s) systematic
training to develop appropriate eating skills;
(3) Dining rooms shall be adequately supervised and staffed according to
resident needs for the direction of self-help procedures, and to assure that
each resident receives an adequate amount of food.
§11-100-11 General operational policies. (a) General operational policies shall
be submitted in writing to the department prior to licensure and shall include:
(1) Admission policies as specified in section
I1-100-8;
(2) Types of services provided to residents as specified in section 11-100-2;
activities of daily living;
(3) A clear definition of the responsibility of the facility to resident and
family, legal guardian, or responsible agency;
(4) Rates;
(5) Visiting hours;
(6) Emergency measures; and
(7) Responsibilities of the operator, staff, and residents.
(b) The policies approved by the department shall be explained and a copy
provided to the resident, family, next of kin, guardian, or responsible agency prior to the
resident's admission. A written agreement shall be completed at the time of admission
between the facility and the resident, legal guardian, or responsible agency which sets
forth the resident's rights, the resident's responsibilities to the facility, the facility
responsibilities to the resident, and the services which will be provided by the facility
according to the resident's plan of care.
§ 11-100-12 Medications. (a) All medicines shall be properly and clearly
labeled. The storage shall be in a staff controlled work cabinet-counter apart from either
resident's bathrooms or bedrooms.
(b) Drugs shall be stored under proper conditions of sanitation, temperature,
light, moisture, ventilation, segregation, and security. Medications that require storage in
a refrigerator shall be properly labeled and kept in a separate locked container.
(c) Compartments shall be provided, for each resident's medications and
separated as to:
(1) External use only; and
(2) Internal use only.
(d) All poisons shall be plainly labeled and stored separately in a locked
cabinet.
(e) Appropriate liquid medicine measuring devices shall be available and in
use when liquid medicine is administered.
(f) All medications and supplements, such as vitamins, minerals, and
formulas, shall be made available or administered only upon the order of a physician and
shall be based upon current evaluation of the client's condition. Written and signed
documentation of all orders by a physician shall be recorded on the physician's order
sheet.
(g) All medication orders shall be reevaluated and signed by the physician
every four months or at the next physician's visit, whichever comes first.
(h) All verbal orders for medication shall be recorded on the physician's
order sheet by the qualified person receiving the verbal orders and written confirmation
by the attending physician shall be obtained during the next office visit, but not later than
four months.
(i) Only appropriately trained staff or operators shall be allowed to
administer or make available prescribed medications to residents.
Q) Medications shall not be offered to any resident other than the one for
whom they were ordered.
(k) Medication errors and drug reactions shall be reported immediately to the
physician responsible for the medical care of the client and shall be properly documented
in the resident's record.
(1) Unused medications shall be disposed of by flushing down the toilet.
(m) All medications and supplements, such as vitamins, minerals, and
formulas, when taken by the resident, shall be recorded on the resident's medication
record, with date, time, name of drug, and dosage initialed by the responsible person.
§11-100-13 Plan of care. (a) Each resident shall be given proper daily personal
attention and care including skin, nails, hair, teeth, and oral hygiene in addition to any
therapeutic regimen ordered by the resident's physician.
(b) Residents shall be taught and encouraged to perform health, hygiene, and
grooming practices, including bathing, brushing teeth, shampooing, combing and
brushing hair, shaving and caring for toenails and fingernails as independently as possible
and be assisted as necessary.
(c) Operators shall be responsible for proper care of and encourage the use
of dentures, eye glasses, hearing aids, braces and prostheses and ambulatory equipment.
The resident, or resident's guardian or responsible agency, shall be responsible for any
costs involved with maintenance of the above.
(d) When ordered by a physician or psychologist, operators shall provide an
appropriate training program for every resident who has problems with elimination.
Progress shall be documented for each resident receiving such training.
(e) Residents who are incontinent shall be bathed or cleaned promptly upon
voiding and soiling. All soiled items shall be segregated and appropriately stored until
they can be properly cleaned.
(f) Personal clothing:
(1) Residents shall be dressed in appropriately labeled, cleaned, suitable,
comfortable clothing at all times;
(2) Residents shall be encouraged to select appropriate clothing, and dress
themselves.
(g) Any therapeutic regimen as ordered by the resident's physician or
therapist shall be provided.
§ 11-100-14 Records and reports. (a) Individual records shall be maintained for
each resident. On admission, readmission, or transfer there shall be:
(1) A report of a recent medical examination and current diagnosis taken
within the preceding three months and report of an examination for
tuberculosis performed within the year prior to admission. The
examination for tuberculosis shall be the same as required by the
caretaking personnel section 11-100-7(a)(1) and (2);
(2) Height and weight measurements taken;
(3) An inventory of money and valuables. This inventory shall be
maintained current;
(4) Recording of identifying information such as resident's name, social
security number, racial extraction, marital status, date of birth, sex, and
minister or religious denomination, and information about medical plan
or coverage. A recording of the address and telephone number of the
referral agency, place or source from which admitted, physician, dentist,
opthalmologist, optometrist, psychiatrist, and all other medical or social
service professionals who are currently treating the resident, next of kin,
guardian, or other legally responsible agency.
(b) During residence, records shall include:
(1) Copies of physician's initial, annual and other periodic examinations,
evaluations, progress notes, relevant laboratory reports, and a report of
annual re-examination for tuberculosis;
(2) Observations of the resident's response to medication, treatments, diet,
plan of care, any changes in condition, indications of illness or injury,
behavior patterns including the date, time, and actions taken, if any,
recorded monthly or more often as appropriate and immediately where
any incident occurs;
(3) Entries describing treatments and services rendered;
(4) Medications administered or made available;
(5) Physician's signed orders for diet, medications, and treatments;
(6) All recordings of temperature, pulse, respiration as ordered by a
physician or as may appear to be needed. Physicians shall be advised of
any changes in physical or mental status promptly;
(7) Recording of resident's weight at least once a month, and more often
when requested by a physician or a responsible agency;
(8) Notation of visits and consultations made to residents by other
professional personnel as requested by the resident or the resident's
physician;
(9) Correspondence pertaining to the resident's physical and mental status.
(c) Unusual incidents shall be noted in the resident's progress notes. An
incident report of any bodily injury or other unusual circumstances affecting a resident
which occurs within the home, on the premises, or elsewhere shall be retained by the
facility under separate cover, and be available to the department and other authorized
personnel. The resident's physician shall be called immediately if medical care is
necessary.
(d) When a resident is transferred a written transfer summary shall be
prepared and a copy given promptly to the receiving facility, which shall include:
(1) The reason for the transfer;
(2) Evidence of prior notice or the written consent of the resident's legal
guardian;
(3) Current physical and mental status of resident;
(4) Current diet, medication, and activity orders signed by a physician.
In the course of an emergency transfer, as much of the information required in
subparagraphs (1) to (4) shall be given as time permits.
(e) General rules regarding records:
(1) All entries in the resident's record shall be written in ink, or typewritten,
shall be legible, dated, and signed by the individual making the entry;
(2) Symbols and abbreviations may be used in recording entries only if they
conform to standard medical symbols or a legend is provided to explain
them;
(3) An area shall be provided for safe and secure storage of resident's records
which must be retained in the facility for periods prescribed by state law;
(4) All records shall be completed and current and readily available for
review by the department, or responsible placement agency.
(f) All information contained in resident's record shall be treated by the staff
as confidential. Written consent of the resident or resident's guardian, shall be required
for the release of information to persons not otherwise authorized to receive it. Records
shall be secured against loss, destruction, defacement, tampering, or use by unauthorized
persons. There shall be written policies governing access to, duplication of, and release
of any information from the resident's record. Records shall be readily accessible and
available to authorized department personnel for the purpose of determining compliance
with the provisions of this chapter.
(g) Miscellaneous records:
(1) A permanent general register shall be maintained to record all admissions
and discharges of residents;
(2) When requested statistical information shall be provided to the
department;
(3) Records of disaster evacuation and safety drills shall be available for
inspection.
§11-100-15 Recreational, rehabilitative programs, and social services. (a)
Residents shall be up and out of bed and appropriately dressed, daily unless physician's
orders indicate otherwise.
(b) The licensee shall provide social and recreational activities for residents
on a regular basis and shall encourage participation in activities according to the
resident's interests, needs, and capabilities.
(c) Residents shall be encouraged to participate in work, educational,
recreational, social, and health activities held by community agencies.
(d) The licensee shall recognize the need for and provide a warm,
emotionally accepting atmosphere to residents. Residents shall be included, as much as
possible, in all aspects of family life to help foster a greater sense of belonging.
(e) Visits with relatives and friends shall be encouraged.
(f) The licensee shall provide the resident with access to a radio or
television.
(g) Arrange and provide for appropriate social services through private or
public resources.
(h) The licensee shall arrange or provide means of transportation for
residents to:
(1) Visit physician and other medical providers;
(2) Make facility transfers;
(3) Engage in activities outside the home.
§ 11-100-16 Resident accounts. (a) The conditions under which the licensee
agrees to be responsible for the resident's funds or property shall be explained to the
resident, and next of kin or to the guardian, and documented in the resident's file. All
single transfers with a value in excess of $100 shall be supported by an agreement signed
by the licensee and the resident or the resident's guardian.
(b) No person associated with the ownership or operation of an adult
residential care home shall serve as guardian of the estate or as a trustee for any resident
in the home.
(c) The licensee may be permitted to become a representative payee under
conditions prescribed by the Social Security Administration.
(d) An accurate written accounting of resident's money and disbursements
shall be kept on an ongoing basis, including receipts for expenditures, and a current
inventory of resident's possessions.
(e) Upon request of the resident, or if the resident is legally incompetent, the
duly appointed legal guardian, or responsible agency, the resident's personal property
kept by the operator for safekeeping may be released. This transaction must be
documented.
§11-100-17 Resident healthcare standards. (a) The operator shall provide
health care within the operator's capabilities to the resident as prescribed by a physician.
(b) The operator shall be able to recognize, record, and report to the
resident's physician significant changes in the resident's health status including, but not
limited to, convulsions, fever, sudden weakness, persistent or recurring headaches, voice
changes, coughing, shortness of breath, changes in behavior, swelling limbs, or abnormal
bleeding.
(c) When in the opinion of the operator a resident has suffered a significant
change in mental or physical well-being, a prompt report to the resident's physician shall
be made. Any change in physician's orders shall be promptly carried out.
(d) Arrangements shall be made by the operator for an annual dental
examination. Emergency dental care, also, shall be arranged.
(e) Residents shall be accompanied to emergency rooms and other medical
care facilities with adequate records; a responsible person shall be available by phone.
§ 11-100-18 Residents' rights. (a) Written policies regarding the rights of
residents during the stay in the home shall be established and shall be made available to
the resident, any guardian, next of kin, sponsoring agency or representative payee, and to
the public. The home's policies and procedures shall provide that each individual
admitted to the home shall:
(1) Be fully informed, prior to or at the time of admission, of these rights and
of all rules governing resident conduct. There shall be documentation signed by the
resident that these procedures have been carried out;
(b) The operator shall be able to recognize, record, and report to the
(2) Be fully informed, prior to or at the time of admission, and during stay,
of services available in or through the facility and of related charges,
including any charges for services not covered by the home's basic per
diem rate;
(3) Be given advance notice, preferably two weeks, of transfer or discharges;
(4) Be encouraged and assisted to exercise the resident's rights, i.e., to voice
grievances, and recommend changes in policies and services to staff or
outside representatives of the resident's choice, free from restraint,
interference, coercion, discrimination, or reprisal;
(5) Have explained to them the conditions under which the facility may
manage the resident's personal financial affairs as detailed in section 11-
100-16;
(6) Not be humiliated, harassed, or threatened, and be free from chemical
and physical restraints. Physical restraints may be used in an emergency
when necessary to protect the resident from injury to self or to others. In
such a situation the resident's physician must be notified as soon as
possible and further orders obtained for the care of the resident;
(7) Have their personal and medical records kept confidential and subject to
release only as provided in sections 11-100-14(a)(8) and
11-100-(a)(9);
(8) Be treated with understanding, respect, and full consideration of the
resident's dignity and individuality, including privacy in treatment and in
care of the resident's personal needs;
(9) Not be required to perform services for the facility, its licensee or staff
unless agreed to by the resident and documented;
(10) Have the right to associate and communicate privately with persons of
the resident's choice, and to send and receive the resident's personal mail
unopened;
(11) Have the right to meet with and participate in activities of social,
religious, and community groups at the resident's discretion, unless
medically contra-indicated;
(12) Retain and use personal clothing and possessions as space permits, unless
to do so would:
(A) Infringe upon the rights of other residents, or
(B) Is specially forbidden by written orders of the resident's
physician;
(13) If married, be assured of privacy for visits by the spouse and, if both are
residents in the home, be permitted to share a room if agreeable to both;
(14) Have daily visiting hours and provisions for privacy established;
(15) Have the right to reject living in a particular facility;
(16) Shall not have dietary restrictions as punishment;
(17) Have a right to locked storage space;
(18) Have a right to be free from ill treatment, physical punishment,
exploitation, neglect or physical abuse.
§11-100-19 Transfer and discharge of residents. Two weeks notice, except in an
emergency, shall be given to the resident, the legal guardian, and the case management
agency of a transfer to an appropriate facility, or discharge to another living arrangement,
or transfer within the facility when:
(1) Ordered by the resident's physician;
(2) Physical or mental changes of the resident necessitates services which
cannot be provided;
(3) Physical or mental changes of the operator results in the inability of the
operator to provide the service;
(4) Resident wishes to transfer;
(5) Operator wishes to transfer the resident.
§11-100-20 Physical environment. (a) For all homes, suitability of site,
quietness, sanitary features of the immediate environment, accessibility, and proximity to
the community to be served shall be considered in licensing a facility and shall include
the following:
(1) The building site shall be free of excessive noise, dust, or odors and shall
have good drainage;
(2) The building shall be provided with adequate means of sewage, garbage,
and other refuse disposal, approved potable water supply, and electricity;
(3) The facility shall be accessible by a good road and preferably be near a
means of public transportation. Where necessary the facility shall
provide transportation to available public conveyances;
(4) Resident living areas shall be designed and equipped for the safety,
comfort, and privacy of the resident;
(5) Any person such as a day care person or relative regularly utilizing the
portions of the home designated for residents shall be considered as
residents for purposes of calculating the space requirements of
subsections (g)(2), (h)(1), (k)(2), and (k)(3). The person shall also fulfill
the requirements of section 11-100-7(a)(1), (a)(2), and (b).
(b) Fire prevention protection.
(1) Adult residential care homes licensed under this chapter shall initially
comply, and shall be inspected by appropriate fire authorities for
compliance, with state and county codes, ordinances, and laws;
(2) Type I adult residential care homes shall be in compliance with but not
limited to the following provisions:
(A) Fire escapes, stairways and other exit equipment shall be
maintained operational and in good repair and free of
obstruction;
(B) Each adult residential care home shall have a written plan for the
safe care and evacuation of residents to areas of refuge in case of
emergency. This plan shall be reviewed, and updated if
necessary, whenever there is a significant change in the physical
or mental condition of a resident or whenever a new resident
enters the facility. All personnel shall be instructed in their
respective duties in carrying out this plan. The written plan with
directional diagrams shall be posted in a conspicuous location
within the facility;
(C) A drill shall be held to provide training for residents and
personnel on each shift at least four times a year, and the record
shall contain the date, hour, personnel participating and
description of drill, and the time taken to evacuate the building.
A copy of the fire drill procedure and results shall be submitted
to the fire inspector upon request;
(D) There shall be an adequate system of communication to summon
help in case of fire or other emergency. This shall include a
minimum of at least telephone service. Inside stairways shall be
provided for communication between floors within the facility.
All rooms utilized by the facility, under the same roof, shall be
connected by interior doors. The communication system shall
assure:
(i) Prompt contact of on-duty personnel; and
(ii) Prompt notification of responsible personnel in the event
of emergency;
(E) Smoking shall be permitted only in approved areas where proper
equipment and supervision is provided;
(F) An automatic hard wiring UL approved smoke detector system
shall be installed for all newly licensed Type I homes. Existing
Type I homes may continue to use battery operated individual
smoke detector units, however, upon transfer of ownership or
care home operator, such units shall be replaced with an
automatic hard wiring UL approved smoke detector system;
(G) The number and size of fire extinguishers shall be provided as
recommended by the fire department;
(H) Each resident of a Type I home must be certified by a physician
that the resident is ambulatory and capable of following
directions and taking appropriate action for self-preservation
under emergency conditions, except that a maximum of two
residents, not so certified, may reside in the Type I home
provided that either:
(i) For each such non-certified resident there must be a
responsible adult on the premises of the home at all
times that the non-certified resident is present in the
home, and there must never be a stairway which must be
negotiated for emergency exit by such non-certified
resident; or
(ii) Type I homes having residents not so certified shall have
a sprinkler system installed throughout in accordance
with the National Fire Protection Association (NFPA)
Standard 13-1), Sprinkler Systems, One and Two Family
Dwellings; or
(3) Type II adult residential care homes shall be in compliance with
the requirements for Group I occupancies as defined in the
Uniform Building Code and as detailed in applicable chapters of
the NFPA 101 Life Safety Code adopted by reference by the
state fire code and respective county fire codes. Compliance
shall include but are not limited to the following:
(A) All exits in Type II homes shall be lighted from sunset to sunrise
and under other conditions required by applicable provisions of
the state and county fire codes;
(B) Night lighting shall be provided in hallways and bathrooms;
(C) An approved secondary source of power (generator or battery
operated) for emergency lighting of exits shall be operational at
all times.
(c) The facility shall maintain all equipment in good repair to minimize
hazards to residents and staff.
(1) Housekeeping:
(A) A plan shall be made and implemented for routine periodic
cleaning of the entire building and premises;
(B) After discharge of any resident, the bed, bed furnishings, bedside
furniture and equipment shall be thoroughly cleansed prior to
subsequent resident admission;
(C) Floors in resident areas shall be cleaned at least once daily;
(D) All walls, ceilings, windows and fixtures shall be kept clean.
(2) Temperature control:
(A) Temperature and humidity may be maintained within a practical
comfort range by heating, air conditioning, or other means in
accordance with residents' needs and desires;
(B) Any heating apparatus or appliances, or open flame in stoves,
water heaters and fireplaces shall conform to Underwriters'
Laboratories standards as they existed on the date of adoption of
this chapter.
(3) All homes shall comply with applicable state laws and rules relating to
sanitation, health and environmental safety;
(4) Water supply. Hot and cold water shall be readily available to residents
for personal washing purposes. Temperature of hot water at plumbing
fixtures used by residents shall be regulated and shall not exceed 1 I OEF.
(d) New construction or alterations to existing facility shall comply with
current county building codes in the state. The facility shall be accessible to and
functional for, physically handicapped residents if they are to be admitted.
(1) Windows:
(A) A habitable room shall have an aggregate window area of not
less than one-tenth of the gross floor area;
(B) In rooms used by wheelchair residents, windows shall be low
enough to permit comfortable viewing of the outside by residents
in wheelchairs;
(C) Windows in residents' rooms shall have adequate means of
insuring privacy;
(D) Service rooms, except closets and other rooms which are not
designed for occupancy by human beings, shall have an
aggregate window area of not less than one-twelfth of the gross
floor area or six square feet, whichever is greater, provided that
the aggregate window area of such rooms in a facility may be
not less than five per cent of the gross floor area or three square
feet, whichever is greater.
(2) Windows shall be screened with screens having not less than sixteen
meshes per inch.
(3) Doors:
(A) Two exit doors shall be included which are remote from each
other and shall be provided for each floor or separate building.
All doorways through which wheelchairs or walkers must pass
shall be at least thirty-two inches in clear width;
(B) Sliding doors and folding doors shall not be used as exit doors,
but where used in service areas not utilized by residents, shall be
of light material and easy to handle;
(C) Double-acting swinging doors shall be provided with vision
panels not less than two hundred square inches in size. The
vision panels must extend low enough to be used by persons in
wheelchairs;
(D) Provision for the free passage of handicapped residents,
including wheelchair residents, to rooms, toilets, corridors, and
exits shall be maintained at all times;
(E) Each occupied room shall have access to required exits.
(4) Lighting:
(A) Appropriate lighting fixtures adequate in number shall be
provided for the comfort of residents and personnel;
(B) Residents' rooms shall have artificial light adequate for reading
at bedside. This lighting shall be at least thirty foot candles at
normal reading height;
(C) In Type II homes all fire exit indicator boxes shall be of metal
construction and be lighted with at least a twenty-five watt bulb;
(5) In multi-level homes there shall be an inside enclosed stairway. Ramps
shall not exceed a slope of more than one inch per foot and shall be
provided with non-slip material. Elevators, stairways and ramps and
handrails shall comply with county building codes;
(6) In Type I homes corridors shall be thirty-six inches wide, except that
Type I homes which have residents who require the use of a wheelchair,
corridors shall be sixty inches wide. Type II homes shall have corridors
at least eight feet wide;
(7) Floors and walls;
(A) Floors shall be nonabrasive and slip resistant and flush at
doorways;
(B) Floors shall be of material which do not retain odors.
(e) Waste disposal:
(1) Every facility shall provide a sufficient number of watertight receptacles,
acceptable to the department for rubbish, garbage, refuse, and other
matter. These receptacles shall be kept closed by tight fitting covers;
(2) A utility area shall be provided to wash and clean garbage containers and
for storing garbage, trash, and solid waste;
(f) Storage space:
(1) Space shall be provided for janitor's supplies and equipment;
(2) Space for resident's luggage and other bulky possessions and equipment
shall be provided on a limited basis and located in a safe and convenient
place.
(g) An enclosed dining area within the building shall be provided for
residents which shall be apart from sleeping quarters but may be in continuity to the
living room area. The following shall prevail:
(1) At least one table with twenty-nine inches clearance between floor and
lower edge shall be provided to allow for those residents using
wheelchairs;
(2) Dining space allotment shall not be less than twenty square feet per
licensed resident capacity;
(3) Residents shall be served meals in dining rooms unless they are
temporarily confined to their bedrooms;
(4) Safe supportive chairs shall be provided in accord with each resident's
need;
(h) Dayroomlliving room:
(1) Provisions shall be made for at least one conveniently located enclosed
area for recreational, social and activity needs of the residents within or
contiguous to the facility.
(2) Dayroom shall be equipped with reading lamps, tables, chairs, and other
appropriate furnishings for the use and comfort of the residents but shall
not include beds.
(i) Provisions shall be made for safe out-of-door area for the use of
residents.
0) New construction or alterations to existing facilities shall meet the
following requirements:
(1) At least one toilet, lavatory and bathtub or shower shall be provided for
each floor occupied by residents for sleeping and shall be in compliance
with county building code provisions for the physically handicapped;
(2) There shall be:
(A) One toilet for each eight occupants;
(B) One shower for each fourteen occupants;
(C) One lavatory for each ten occupants;
(3) Toilets, bathtubs and showers shall have provisions for individual
privacy;
(4) All toilets shall be conveniently located;
(5) Showers shall have a minimum floor area of sixteen square feet arranged
and located to accommodate residents in wheelchairs and the attendant
providing personal care and shower entrance must be at least thirty-two
inches wide. Adjacent areas must be protected from flooding or floor
wetness which could constitute an unsafe area;
(6) Bathtubs shall have bases flush with the floor;
(7) Unless disposable units are used, equipment for terminal sterilization of
personal care items, including bedpans, shall be provided in an
appropriate area of the home;
(8) Handrails at a height of thirty-two inches and grab bars must be
appropriately placed for the physically handicapped;
(k) Bedrooms:
(1) General conditions:
(A) Bedrooms shall be at or above grade level;
(B) There shall be an adequate number of rooms provided for
immediate family members as well as residents;
(C) Bedrooms shall not be used for recreation, cooking, dining,
storage, bathrooms, laundries, foyers, corridors, lanais, and
libraries;
(D) Access from each bedroom to a bathroom, toilet, corridor,
central utility or other area shall be arranged to avoid passing
through another bedroom or cooking, dining, or recreational
area;
(E) Bedrooms shall be conveniently located near adequate toilet and
bathing facilities appropriate in number, size, and design to meet
the needs of the residents;
(F) All occupants of any bedroom shall be of the same sex except for
designated semi-private rooms which may be occupied by a
mixed sex couple if the licensee and both residents agree to the
living arrangements;
(G) There shall be adequate space to allow free movement of
occupants using wheelchairs, walkers, canes, and crutches;
(2) In Type II homes, the number of occupants in bedrooms shall be limited
to a maximum of four. In Type I homes, newly licensed after the
effective date of these rules, the number of occupants in bedrooms shall
be limited to a maximum of two.
(3) Floor space:
(A) Minimum usable floor space allowable shall be seventy square
feet per bed in a multiple bedroom and ninety square feet per bed
in a single bedroom, excluding toilet, closets, lockers, alcoves,
and vestibules;
(B) Beds shall be placed at least three feet apart in multiple occupant
bedrooms;
(C) In new facilities, construction, or renovation, closet space for
residents shall be provided within the bedroom, allowing a
minimum of thirty inches in width, twenty inches in depth, and
five feet in height per person exclusive of bedroom space;
(D) Hanging clothes rods and shelves shall be adjusted as necessary.
(4) Bedroom furnishings:
(A) Each resident shall be provided for their individual use, a clean
bed including spring with mattress, at least thirty-six inches
wide, of proper length and height for the resident and to permit
an individual in a wheelchair to get in and out of bed unassisted;
(B) Each bed shall be supplied with a comfortable mattress cover, a
pillow, pliable plastic pillow protector, pillow case, and an upper
and lower sheet. A sheet blanket may be substituted for the top
sheet when requested by the resident;
(C) A suitable bedspread shall be used on each residenPs bed.
(5) Miscellaneous:
(A) Conveniently located space for personal care items and for
equipment, such as crutches and wheelchairs, shall be provided;
(B) Walkers, wheelchairs, canes, crutches and bedside rails shall be
provided by the residents;
(C) Equipment for bedside care shall be stored in resident's bedside
stand or other adjacent enclosed space;
(D) There shall be adequate provision for privacy when caring for
resident or when requested by the resident and an individual bath
sheet blanket shall be used when bed baths are given;
(E) There shall be a means of signaling attendants at bedside, in
bathrooms, toilets, and in other areas where residents may be left
alone;
(F) Each resident shall be provided a clean drinking glass and other
necessary containers at bedside if needed;
(G) If bedpans are used, suitable bedpan flushing attachments to
existing toilets must be available and used;
(6) Care homes licensed prior to the effective date of this chapter shall have
one year after adoption of this chapter to correct deficiencies cited at the
next annual inspection relating to physical environment standards. In the
event extensive structural changes are required, the department may
accept modifications if the home has been inspected and approved by
local fire authorities.
(7) New construction, additions, alterations:
(A) Drawings and specifications for all new construction or
additions, alterations or repairs to existing buildings shall be
submitted to the department for review prior to construction;
(B) While final authority to approve the construction and fire safety
features of such building rests with county agencies and fire
marshals, if construction drawings and specifications are
submitted to the department, the department shall promptly
review such submittals and make every effort to advise the
applicant of features which appear nonconforming;
(C) Minor alterations which do not affect structural integrity, fire,
safety, or which do not change functional operation, or increase
beds or services over that for which the facility is licensed may
be submitted by freehand drawings or sketches.
(8) Maintenance:
(A) Maintenance and repair routinely performed by the facility do
not require review or approval by the department;
(B) Facilities shall be maintained in accordance with provisions of
state and local zoning, building, fire safety and health codes;
(9) Any facility holding a valid license to operate an adult boarding home at
the date of adoption of these rules shall be exempt from the provisions of
this section as long as all residents remain fully ambulatory except that
the department may reject an application for license if granting a license
would seriously jeopardize the health or safety of the residents of such a
facility;
(10) Any waivers granted in respect to the provisions of this section to care
homes which are licensed at the time of adoption of these rules will
continue in force until such time as the ownership changes, or the license
is revoked or suspended, or lapsed; at which time the waivers are
cancelled. The definition for "resident" applies at all times.
§11-100-21 Violations: license suspension, revocation, and other penalties. (a)
Whenever the department causes an investigation or inspection to be made and discovers
that any of the requirements of this chapter have been violated, the department shall
notify the licensee of such violations in writing. In such notification, the department
shall set forth the specific violations and establish a specific and reasonable time for the
correction of each violation. In the event deficiencies are not corrected in accordance
with the notice, the department may initiate proceedings for invoking fines as provided in
chapter 321 HRS, or may suspend or revoke the license after proceedings in accordance
with chapter 91, HRS and department of health rules of practice and procedure.
(b) The department, after due written notice, and after suitable opportunity
for a hearing may suspend, revoke, or refuse to issue or renew a license to any person
because of failure to meet:
(1) The requirements of this chapter; or
(2) The conditions under which the license was issued.
(c) Any person affected by the department's decision to deny, suspend,
revoke, or renew a license may appeal this decision in accordance with chapter 91, HRS.
(d) Any person who violates any rule of the department shall be penalized as
provided in chapter
321-20, HRS.
(e) Any facility believed to be operating as an adult residential care home
shall be subject to inspection by persons authorized by the director.
(1) If the director's representative is refused entry into the home, the
department may obtain an inspection warrant from a judge of the circuit
court;
(2) If the facility meets the definitions in section 11-100-2, the responsible
person in the home, within ten working days, shall file with the
department, an application to acquire licensure according to this chapter;
(3) Persons who fail to file an application with the department within ten
working days of notice to file, shall be subject to penalties invoked under
section 321, HRS.
(f) Persons who do not meet adult residential care home requirements and
are denied licensure by the department, but who continue to render adult residential care
home services to individuals in their homes shall be subject to penalties invoked under
chapter 321-20, HRS.
(g) Serious and substantive violations which may result in suspension or
revocation of a license include, but are not limited to, the following:
(1) Absence of the licensee from the facility without being replaced by a
responsible adult;
(2) Admitting residents to the home in excess of the licensed capacity
stipulated on the current license;
(3) Transfer of residents to another facility without informing the agency or
person which is paying for all or a portion of the resident's care;
(4) Failure to inform all residents of their rights on or before admission;
(5) Corporal abuse or punishment of residents;
(6) Failure to maintain a written accounting of resident's personal funds
received and expended on the resident's behalf by the staff;
(7) Failure to properly safeguard all medications and comply with
physician=s orders:;
(8) Failure to maintain written records of treatment including medications as
ordered by a physician;
(9) Failure to develop and practice drills for rapid evacuation of residents in
case of fire or other disaster;
(10) Failure to notify the department of a significant change in the level of
outside the home remunerative activity by the operator;
(11) Two or more successive citations for the same deficiencies;
(12) Failure to correct cited deficiencies within a specified time;
(f) Licenses are issued to a named licensee and terminate on the date such
individual withdraws from the management, control or operation of a facility due to a
change in ownership, termination of employment or otherwise. The licensee shall be
personally liable for failure to notify the department prior to the termination date
requested.
§11-100-22 Discontinuance of home and revocation of license. (a) A home
shall be discontinued and the home operator's license revoked by the department:
(1) At the request of the home operator. The home operator shall provide
written notice to the department of the intent to discontinue operating as
an adult residential care home at least thirty days prior to the intended
termination date. The department shall confirm the home operator's
intent to discontinue operations by sending a written notice of
discontinuance and revocation of license by the intended termination
date;
(2) For failure of the home operator to correct deficiencies within time limits
set by the representative of the department. When the home operator
fails to correct deficiencies, the home operator shall be notified in writing
by certified mail of the intent of the department to discontinue use of the
home and to revoke the license of the home operator at least thirty days
before the planned date of discontinuance and revocation;
or
(3) Due to the ill treatment, abuse, neglect, or exploitation of residents by the
home operator, designated responsible adults, or other household
members as determined by a representative of the department.
(A) When ill treatment of a resident is evident, the home operator
shall be contacted immediately by the department or cooperating
agency to discuss the circumstances.
(B) The department shall notify the cooperating agency of the home
immediately when it is factually determined that there is ill
treatment, abuse, neglect, or exploitation of a resident. A thirty
day prior notice shall not be required, but a written notice of
discontinuation shall be provided by certified mail prior to the
discontinuance.
(b) The department's written notice of discontinuance and revocation of
license shall contain a statement of the reasons for the action, the effective date of the
action, and the home operator's right to appeal the department's action.
(c) When a home is discontinued by the department, residents shall be
immediately assisted in finding other accommodations except when the residents
knowingly and willfully prefer to continue to live in the home and the home operator is
aware that keeping the residents means that the operator is operating an unlicensed home
and is subject to penalty under the law.
§ 11-100-23 Appeal of department's decision. (a) Any adult residential care
home applicant or operator shall have the right and opportunity to appeal the decision in
writing to the director within the thirty day notice period of proposed action or decision
under chapter 91, HRS, and department of health rules of practice and procedure.
Exception: when home is discontinued under section 11-100-22(a)(3), the home operator
shall have thirty days from the date of the notice to appeal the decision in writing to the
director of the department provided the license shall be immediately revoked.
(b) Upon the department's receipt of a request to appeal the department's
decision, the home operator's license shall be reinstated to provisional license pending the
decision on the appeal and for a period not to exceed three full calendar months. During
the provisional license period the department shall inform all individuals interested in
being placed or in making a placement into the home the reasons for the home operator's
provisional license.
(c) The provisional license shall be revoked by the department after the
appeal hearing is held and the department's decision is upheld. In the department's action
is not upheld by the appeal hearing, action, as appropriate, to reinstate the home operator
shall be made.
§11-100-24 Repeal of existing rules. All versions of chapter 1213, Public Health
Regulations, which were in effect on January 1, 1986, are repealed.
§11-100-25 through §11-100-48 reserved.
§11-100-49 Severability. If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, the remainder of this chapter, or the
application of the provision to other persons or circumstances, shall not be affected
thereby.
MOA DATED MARCH 16, 1998
1. All foods used in the preparation of meals shall be from an approved source.
Catered food shall be from an approved food establishment.
1 All potentially hazardous foods shall be cooked to proper temperatures and
maintained at temperatures of 45 degrees Fahrenheit or below or 140 degrees
Fahrenheit or above except during necessary periods of preparation.
a. A thermometer shall be provided in all refrigerators.
b. A metal stem thermometer shall be available for checking hot food
temperatures.
3. All food shall be protected from potential contamination by insects, rodents or
live animals, employees or consumers, poisons or toxic materials, unclean
equipment or utensils, and any other agent of public health concern at all times
during storage, preparation, display, service, and transportation. Pets shall be
kept out of the kitchen at all times.
4. Food handlers shall not work in any capacity if there is a likelihood that the
individual may contaminate food or food contact surfaces with pathogenic
organisms, or may infect others with pathogenic organisms.
5. Those preparing food shall maintain a high degree of personal cleanliness and
shall conform to good hygienic practices during all working periods. No person
shall undertake food preparation without first washing his or her hands.
6. Food and non-food contact surfaces shall be smooth, non-absorbent, and easily
cleanable.
7. A kitchen sink with hot and cold running water shall be available for washing all
equipment and utensils.
8. All utensils and dishes shall be thoroughly cleaned, and sanitized after each use.
9. Potable water shall be provided to all fixtures.
10. All wastewater shall be disposed of in an approved manner.
it. A toilet and lavatory shall be available in the home for food handlers. A supply
of hand cleanser and single use hand drying towels shall be available in the
lavatory.
12. All refuse shall be disposed of in a manner so as not to create a nuisance.
13. Effective measures shall be taken to prevent the presence of insects and rodents
in the kitchen and dining areas.
14. Floors, walls, and ceilings shall be kept clean and maintained in good repair.
15. Adequate ventilation shall be provided in the kitchen and dining areas.
16. Toxic items, including any personal medication, cosmetics and similar chemical
preparations, shall be stored and used so as to prevent the contamination of food
or food equipment and utensils.
17. Definitions
"Approved" means acceptable to the director based on the director's
determination as to conformance with appropriate standards and good public
health practice.
"Potentially hazardous food" means any perishable food which consists in whole
or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible
crustacea, or other ingredients including synthetic ingredients in a form capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms.
TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 98
SPECIAL TREATMENT FACILITY
§11-98-01 Purpose
§11-98-02 Definition
§11-98-03 Licensing procedure
§11-98-04 Administrative and statistical reports
§11-98-05 Dietary service
§11-98-06 Disaster preparedness
§11-98-07 Evaluation
§ 11-98-08 Fees for licensing
§ 11-98-09 License suspension, revocation, termination, penalties
§ 11-98-10 Minimum standards for licensure; administrative and organizational plan
§ 11-98-11 Minimum standards for licensure; personnel
§ 11-98-12 Minimum standards for licensure; services
§ 11-98-13 Rehabilitation program
§11-98-14 Physical facility
§11-98-15 Research policy
§ 11-98-16 Residents' rights and responsibilities
§11-98-17 Repeal of rules
§11-98-50 Severability
Historical note: Chapter 11-98, Hawaii Administrative Rules is based substantially upon chapter 12F of
the Public Health Regulations and changes were made to clarify statements, delete requirements that
were no longer relevant and comply with Administrative Rules change. [Eff MAR 10 1986]
§11-98-01 Purpose.
This chapter establishes minimum requirements for the protection of the health, welfare, and safety of
residents, personnel and the public in special treatment facilities. This chapter shall not be construed as
lowering standards or rules established by other divisions or subdivisions of government. In all instances
the more stringent rules shall apply. [Eff MAR 10 1986] (Auth: HRS §§321-9, 321-10, 321-11) (Imp:
HRS §§321-10, 321-11)
§11-98-02 Definitions as used in this chapter:
"Administrator" or "executive director" mean the person who has charge, care, control of or
responsibility for the manage meat of the facility and the program.
"Cardiopulmonary resuscitation" or "CPR" means an emergency first aid procedure that consists of
opening and maintaining a patient's airway, providing artificial ventilation by means of rescue breathing,
and providing artificial circulation by means of external cardiac compression.
"Department" means the department of health.
"Dietitian" means a person who:
Planning Dept.
Exhibit 2
(1) Is registered by the Commission on Dietetics Registration; or
(2) Is eligible for such registration.
"Director" means the director of health.
"Facility" means the building or buildings which house the program.
"Incident report" means a written record of any unusual occurrence either resulting, or with the potential
of, personal injury or facility damage.
"License" means a license issued by the department certifying the compliance with all existing Hawaii
state laws and rules relative to operation of a special treatment facility.
"Program" means the evaluation, counseling, prevention, habilitation, rehabilitation or services directed
toward achieving social, emotional, mental and physical restoration of the residents.
"Program director" means the person designated by the administrator who is responsible for all facets of
the therapeutic program. The program director may be the sane person as the administrator.
"Provisional license" means a license issued for a specified period of time at the discretion of the
director in order to allow additional time for compliance with all licensing requirements.
"Resident" means an individual admitted to the program and residing in the facility.
"Resident records" means the collection of medical, social and therapeutic information about a given
resident.
"Special treatment facility" means a facility which provides a therapeutic residential program for care,
diagnoses, treatment or rehabilitation services for socially or emotionally distressed persons, mentally ill
persons, persons suffering from substance abuse, and developmentally disabled persons.
"Staff' means all personnel required to carry out all maintenance, management, housekeeping, treatment
programs and services, whether employed, arranged for or contracted for, or full or part-time, of the
facility. Staff implies that the personnel is paid as opposed to persons who volunteer their services.
"Tuberculin skin test" means an interdermal injection of.0001 mg. (five tuberculin units) of purified
protein derivative in 0.1 cc of sterile diluent. If the size of any resulting palpable induration at forty-eight
hours or seventy-two hours after injection is greater than 10 mm in its transverse diameter, the reaction
to the skin test shall be considered significant.
"Waiver" means an exemption for a period of one year or less, from a specific rule which may be
permitted a facility for a specified period of time, at the discretion of the director. [Eff MAR 10 1986]
(Audi: HRS §§26-13, 321-11) (Imp: HRS §§321-10, 321-11)
§11-98-03 Licensing.
(a) Every facility shall have a current and valid license approved by the director and issued when the
facility has met all of the requirements of this chapter.
(b) The license shall identify the owners or operators or both, of the facility and prescribe the maximum
number of residents to be accommodated in each facility and the name and location of each facility. The
license shall be posted in a conspicuous place within each facility.
(c) In order to obtain a license, the administrator or board of directors of a facility shall apply to the
director upon forms provided by the department, and shall provide any information required by the
department to demonstrate that the facility has met all the requirements of this chapter. The following
shall accompany the application:
(1) Clearance by the county building department;
(2) Clearance by the county fire department;
(3) Clearance by the sanitation branch of the department;
(4) Clearance by the state health planning and development agency, if appropriate;
(5) Floor plans indicating accurate measurements to scale of room intended for use;
(6) Ownership information, including corporate officers or partners; board of directors, addresses and
telephone numbers;
(7) Annual budget, including all anticipated income and expenses; and
(8) Policy and procedures manual.
(d) Provisional licenses may be issued, or waivers granted, at the discretion of the director, if
(1) The facility has a plan to correct the deficiencies within a reasonable time;
(2) The director believes the health and safety of residents and others will not be jeopardized by
operation of the facility; and
(3) Not more than two successive provisional licenses shall be issued to a facility. Provisional licenses
or waivers shall not be issued for a facility which has a major deficiency in building, electrical, plumbing,
zoning, or fire codes.
(e) Full licensure may be granted for a one year period when the facility demonstrates substantially fall
compliance with this chapter.
(f) Upon approval of the director, the hospital and medical facilities branch of the department say
execute an agreement with an appropriate agency to assist in certifying program compliance in respect
to a particular facility.
(g) A license shall not be transferred from one facility owner, or location to another. The administrator
shall notify the department, in writings. of any proposed changes in these factors.
(h) If the director determines that the applicant or the licensee is not in compliance with this chapter, the
license may be denied, revoked, or not renewed. The denial, revocation, or refusal to renew a license
shall proceed in accordance with chapter 91, HRS.
(i) In addition to any other appropriate action to enforce this chapter, the director may initiate
procedures for invoking fines as provided in chapter 321,
0) An application for renewal of a license shall be made ninety (90) days prior to the anniversary date
of the license.
(1) The facility shall provide county building department, county fire department, and sanitation branch
clearances.
(2) A survey of the facility by the hospital and medical facilities branch of the department shall be
completed.
(3) An acceptable plan of correction for any deficiencies shall be prepared and submitted.
(k) Compliance with a rule may be waived by the director if the program is otherwise in compliance
and provided that the health, safety, and welfare of the residents are assured. [Eff MAR 10 1986]
(Auth: HRS §§321-9, 321-10, 321-11) (Imp: HRS §§46-4, 62-34, 64-91, 65-71, 66-71, 70-71,
132-3, 321-10, 321-11, 321-18)
§11-98-04 Administrative and statistical reports.
(a) A permanent register shall be maintained in ink or typewritten of all admissions and discharges of
residents including:
(1) Name;
(2) Address;
(3) Social Security number;
(4) Date of birth;
(5) Date of admission;
(6) Dace of discharge;
(7) Source of referral to program; and
(8) Disposition of resident upon discharge.
(b) Written records of the occurrence of fire safety and disaster drills shall be available for inspection.
(c) A detailed incident report of any bodily injury to a resident, shall be written by the person
responsible for the resident at the time of the accident. A copy of the report shall be provided to the
administrator and shall be incorporated in the resident's record.
(d) Statistical reports. A monthly program summary report shall be prepared to recap the month's
activities including:
(1) Number of current residents;
(2) Number of admissions by source of referral;
(3) Number of discharges; and
(4) Number of resident days of care.
(e) A monthly, quarterly or annual statistical report, or each of these, (observing confidentiality
requirements of the Federal government) may be required by the department on forms provided. [Eff
MAR 10 19861 (Ruth: HRS §§321-9,321-10) (Imp: HRS §321-11)
§11-98-05 Dietetic services.
(a) A special treatment facility shall have a written plan describing the organization and delivery of
dietetic services and the utilization of the services of a qualified dietitian as required herein.
(b) Overall supervisory responsibilities for the food service shall be assigned to a food service manager
knowledgeable in food values and nutrition, or one who is receiving such training from the consultant
dietician.
(c) Menus and food service shall meet the nutritional needs of the residents.
(d) The food service manager shall have special dietary training approved by the department in order
for the facility to accept residents requiring special diets ordered by a physician.
(e) Information pertinent to special dietetic treatment shall be maintained in the resident's record. [Eff
MAR 10 1986] (Auth: HRS §§321-9, 321-10) (Imp: HRS §321-11)
§11-98-06 Disaster preparedness.
(a) The facility shall have a written plan for staff and residents to follow in case of fire, explosion, or
other emergency. The plan shall be posted in conspicuous places throughout the facility. This plan shall
include, but not be limited to:
(1) Assignments;
(2) Instructions;
(3) Special escape routes; and
(4) A quarterly drill schedule. [Eff MAR 10 19861 (Ruth: HRS §§321-9, 321-10) (Imp: HRS
§321-11)
§ 11-98-07 Evaluation.
(a) The written statement of the program's goals and objectives, shall serve as the basis for program
evaluation.
(b) The evaluation plan shall include mechanisms for assessing the attainment of the program's goals and
objectives.
(c) The evaluation plan shall include mechanisms for documenting program achievements not related to
original goals and objectives.
(d) The evaluation plan shall include mechanisms for assessing the effective utilization of staff and
program resources toward the attainment of the program's goals and objectives.
(e) The evaluation plan shall include criteria to be applied in determining whether established goals and
objectives are achieved.
(f) The evaluation plan shall be reviewed and updated at least annually.
(g) The evaluation plan shall be available to all personnel of the facility as well as the department,
(h) The results of the evaluation process should become a part of the continuous planning process.
(i) The results of the evaluation process shall be made available to all personnel of the facility as well as
the department. [Eff MAR 10 19861 (Auth: HRS §§321-9, 321-10) (Imp: HRS §321-11)
§ 11-98-08 Fees for licensing.
Appropriate fees as determined by the director in accordance with chapter 91, HRS, shall be charged
by the department for obtaining a new license or obtaining a license renewal. Prior notice of the amount
of the fee shall be provided the licensee. [Eff MAR 10 1986] (Auth: HRS §§321-9, 321-10) (Imp:
HRS §321-11)
§11-98-09 License suspension, revocation, termination.
(a) In addition to any other appropriate action to enforce this chapter, the director may initiate
procedures for invoking fines as provided in chapter 321, HRS, or to withdraw the license after
hearings held in accordance with chapter 91, HRS, or both.
(b) Infractions subject to subsection (a) include, but are not limited to:
(1) Operation of a special treatment facility without a license granted by the department.
(2) Substantive violations of this chapter which are found as a result of routine or unannounced
inspection of a special treatment facility which has a license.
(d) Any person violating this chapter shall be subject to the penalty provided in chapter 321, [Eff MAR
10 19861 (Auth: HRS §§321-9, 321-10) (Imp: HRS §§321-11, 321-18)
Publisher's note: scetion (c) is misnumbered as (d)
§I1-98-10 Minimum standards for licensure; administrative and organizational plan.
(a) Every facility shall have and maintain a current written plan describing the philosophy, goals, and
objectives of its program. This program shall be reviewed and evaluated periodically or at least
annually.
(b) The plan shall also include a statement of the geographic area to be served, ages and kinds of
residents to be served, anticipated average length of stay of its residents, and the limitations and scope
of service for which the facility is established.
(c) A policy of nondiscrimination based on age, race, color, creed, or national origin relating to
admission of residents shall be established.
(d) A policy of nondiscrimination based on sex, age, race, color, creed, national origin, or physical
handicap relative to the personnel policies and practices governing the hiring, promotion and dismissal
of its staff shall be established.
(e) Each facility shall develop written policies and procedures, and criteria governing its management
and operations. These shall include but are not limited to the following:
(1) Personnel policies, procedures and practices including the qualifications, duties and responsibilities
for each staff position, hiring, suspension, dismissal, assignment, promotion, grievance procedures and
other related personnel matters;
(2) Policies and procedures, and criteria relative to admission of residents to the program, dismissal and
discharge;
(3) Policies and procedures governing the rights (legal, civil, and human) and responsibilities of the
residents and the confidential nature of resident information;
(4) Procedures for handling complaints and grievances expressed by residents, persons, or agencies
responsible for residents, and the public;
(5) A description of the facility's services available to residents and responsible parties or agencies and
the public. It shall include services directly provided or contracted for by the facility. It shall also include
arrangements for emergency medical transportation on a twenty-four hour basis;
(6) Terms of contractual agreements entered into with out side providers of services required in this
chapter including the description of roles, responsibilities and authority of all parties involved;
(7) Policies and procedures and copies of written agreements for coordination and liaison between the
facility and relevant community agencies, concerning the admission, treatment, discharge and follow up
of residents;
(8) A description of the provisions for rendering emergency medical and psychiatric care, including the
name, address, and telephone number of the physician;
(9) The facility shall submit a copy of its policy and procedures regarding the use of physical or
chemical restraints. No physical or chemical restraints shall be used except as outlined in the policy and
procedures and only following the approval of the policy and procedures by the director;
(10) Policies and procedures relative to general rules regarding residents' records, including:
(A) All entries shall be made in ink, be legible, dated and signed with first initial and last name;
(B) Symbols and abbreviations shall be explained in a legend;
(C) An area shall be provided for safe and easy access to residents' records;
(D) Residents' records shall be retained for five years after discharge or, if s state-owned facility, a
period to comply with state law;
(E) Policies governing access by the resident and others, duplication of, and dissemination of
information from the record;
(F) Policies protecting the confidentiality of resident information;
(G) Policies requiring written consent of the resident, if competent, or the resident's guardian for the
release of information to persons and agencies not otherwise authorized to receive it;
(H) The facility's responsibility to secure the information under lock against loss, distribution,
defacement, tampering, or use by unauthorized persons;
(f) Every facility shall maintain financial records, include an annual budget and its income and
expenditures.
(g) New facilities shall document in writing assurances of funding sufficient to meet projected program
costs, plus sufficient funds to cover the initial implementation costs.
(h) Each facility shall maintain statistical and other administrative records as provided in section
11-98-04. [EffMAR 10 1986] (Auth: HRS §§321-9, 321-10) (Imp: HRS §§321-10, 92E-2, 92E-4,
92E-5, 378-2, 622-57, Pub. L. 88-352 (1964) , Pub. L. 95-555 (1978) )
§11-98-11 Minimum standards for licensure; personnel.
(a) An individual shall be designated as administrator who will be responsible for the overall operation
of the program and facility. During periods of absences of the administrator, a designated staff member
shall assume the responsibilities.
(b) An individual shall be designated as program director of the residential program.
(c) The administrator shall be responsible to provide staff in sufficient number and qualifications to meet
the needs of the residents and to cant' out the program's services and activities adequately. A minimum
of one direct service staff to each eight residents is required. Whenever residents are in the facility, there
shall be a responsible, designated, person in charge.
(d) The administrator shall be responsible to produce written statements as to the education,
experience, and personal characteristics required to carry out adequately the assigned duties and
responsibilities of each position employed by or arranged for by the facility. These written statements
shall address the issue of demonstrated knowledge, skills, and attitudes regarding human relationships
by staff who have direct contact with residents.
(e) There shall be documented evidence that every employee has a preemployment and an annual
health evaluation by a physician. These evaluations shall be specifically oriented to deter mine the
presence of any infectious disease liable to harm a resident. Each health evaluation shall include a
tuberculin skin test or a chest x-ray.
(f) Skin lesions, respiratory tract symptoms, and diarrhea shall be considered presumptive evidence of
infectious disease. Any employee who develops evidence of an infection must be immediately excluded
from any duties relating to food handling or direct resident contact until such time as a physician certifies
it is safe for the employee to resume such duties.
(g) If the tuberculin skin test is positive, a standard chest x-ray with appropriate medical follow-up must
be obtained, as well as three subsequent yearly chest x-rays. Additional chest x-rays may be required
at the discretion of the director.
(h) If the tuberculin skin test is negative, a second tuberculin skin test must be done after one week, but
not later than three weeks after the first test. The results of the second test shall be considered the
baseline test and used to determine appropriate treatment end follow-up. That is, if the second skin test
is positive, then proceed, as above, with a chest x-ray which should be repeated as indicated in the
previous paragraph (g) . If the second skin test is negative, a single skin test shall be repeated yearly
until it becomes positive.
(i) When a known negative tuberculin skin test on a particular employee or resident converts to a
positive test, it shall be considered a new case of tuberculosis infection and shall be reported to the
department as required in chapter 11-164, relating to tuberculosis.
0) The administrator shall arrange for clerical services to maintain records, correspondence,
bookkeeping and files current and in conformity with acceptable business practice.
(k) The administrator shall arrange for staff development that includes orientation and training of all new
staff and continuing educational opportunities for all staff. Volunteers, when ever utilized, shall be
included in the orientation and training programs for staff or participate in orientation and training
programs geared specifically to their needs.
(1) The administrator shall see that at least one staff member on each shift possesses a current First Aid
certificate and CPR training. Recertification of training shall be required by all staff at least every two
years. [Eff MAR 10 1986] (Auth: HRS §§321-9,321-10) (Imp: HRS §§321-10,92E-2,92E-4,
92E-5, 378-2, 622-57, Pub. L. 88-352 (1964) , Pub. L. 95-555 (1978) )
§11-98-12 Minimum standards for licensure; services.
Individual records shall be kept on each resident which contain the following:
(1) Within twenty-one days of admission, a report of a resident's medical examination or written
evidence of a physical examination within the prior twelve months shall be on file;
(2) A report of a tuberculin skin test. If the skin test is positive, or known to be positive, there shall be
documentation that appropriate medical follow-up has been obtained;
(3) Information on any necessary special arrangements for emergency medical care;
(4) Information pertinent to special diet treatment;
(5) Documentation that a physician was consulted within five days of admission as well as for all
significant illnesses and injuries;
(6) Dental treatment documentation for any resident requiring dental care;
(7) Identification and summary information including resident's name, Social Security number, marital
status, veteran's status, date of birth, sex, home address, telephone number of referral agency and next
of kin or other legally responsible person;
(8) Within thirty days after admission, a written individualized rehabilitation plan rich specific objectives
which are measurable and subject to evaluation shall be prepared by an appropriate rehabilitation staff
in cooperation with each resident. The plans shall include:
(A) Those services planned for meeting the resident's needs.
(B) Referrals for services not provided by the program.
(C) How the resident viii participate in the development of the plan.
(D) Regular review and necessary update by staff and resident at least monthly.
(E) The staff person responsible for monitoring the plan implementation.
(9) Monthly observations of the resident's response to the rehabilitation plan;
(10) Observations of unusual response to medication or diet with evidence that a report to a physician
was made immediately upon occurrence;
(11) Height and weight, which shall be recorded, upon admission and thereafter, quarterly;
(12) Any period of unauthorized absence from the facility;
(13) Any correspondence pertaining to the resident;
(14) A complete record of each medication utilized by the resident;
(15) Any significant change in the resident's behavior pattern noted at the time of occurrences-including
date, time and action taken;
(16) Should vital signs be ordered by a physician, notations of temperature, pulse and respiration shall
be recorded and the physician notified immediately in case of abnormality;
(17) Complete financial records and monetary transfers between the residents and the facility;
(18) A discharge summary or a transfer summary including the following:
(A) The reason for the discharge or transfer, if identifiable.
(B) Documentation that a guardian, when applicable, B2 has been notified prior to discharge or
transfer. This provision may be waived in emergency situations but in this case the guardian must be
notified as soon as practical. If the resident leaves without permission of the administrator, the guardian
shall be notified promptly.
(C) Current physical and emotional status report of the resident.
(D) Plans or goals for the resident.
(E) Current diet, medication, and activity as applicable. [Eff MAR 10 1986] (Auth: HRS §§321-9,
321-10) (Imp: HRS §§321-10,92E-2, 92E-4, 92E-5,378-2, 622-57, Pub. L. 88-352 (1964), Pub.
L. 95-555 (1978) )
§ 11-98-13 Rehabilitation program.
Rehabilitation services shall be appropriate to the individual in the facility and may include:
(1) Psychiatric services to provide care or program consultation;
(2) Psychological services to provide testing for individual assessment purposes, program evaluation
and research;
(3) If the staff feels it to be advisable for a resident, or residents, to receive nutritional instruction, a
dietitian shall be consulted;
(4) Social rehabilitation services to provide opportunities for individuals to learn social and self-care
skills to foster independent living and which may include recreational, educational and vocational
activities;
(5) Education services for children to provide and meet the scholastic requirements for school age
children and youth;
(6) Counseling; and
(7) Ocher services to provide for planned leisure time activities and constructive therapeutic activities
that enhance social and motor skills. [Eff MAR 10 19861 (Auth: HRS §§321-9, 321-10) (Imp: HRS
§321-10)
§11-98-14 Physical facility.
(a) The design and construction of each building or buildings comprising the facility shall meet the
minimum requirements of the following codes:
(1) The county fire department codes;
(2) The county building, electrical, plumbing, and zoning codes; and
(3) Applicable rules of the department relating to sanitation
(b) Existing buildings.
(1) For any building which is being considered for this type of occupancy, the director may valve or
modify any portion of the rules provided the exceptions do not create a hazard to residents, personnel
or public.
(2) This section shall not prohibit the use of equivalent alternate space utilizations, new concepts of plan
designs and new material or systems if written approval of such alternatives is granted by the
department.
(c) Maintenance. Facilities shall be maintained in accordance with provisions of state and county zoning,
building, fire, safety and health codes in the State. [Eff MAR 10 1986] (Auth: §§321-9, 321-10) (imp:
§§46-4, 62-34, 64-91, 65-71, 66-71, 70-71, 132-3, 321-10)
§11-98-15 Research policy.
A special treatment facility that includes human-subject research in its objectives or allows itself to be
used as a resource for research shall have written policies and procedures encompassing the purpose
and conduct of all research utilizing the program's staff, residents or services. The written policies and
procedures shall require informed consent for all research activities. [Eff MAR 10 1986] (Auth: HRS
§§321-9, 321-10) (Imp: HRS §321-10)
§ 11-98-16 Resident's rights and responsibilities.
Written policies regarding the rights and responsibilities of residents and services to be provided to
residents during their stay in the facility shall be established and shall be made avail able to the resident,
to any guardian, next of kin, sponsoring agency or representative payee, and to the public. The facility's
policies and procedures shall provide that each individual admitted to the facility shall:
(1) Be fully informed, documented by signed acknowledgment prior to or at the time of admission and
during stay, of these rights and of all rules governing resident conduct: and
(2) Be fully informed, prior to or at the time of admission and during stay, of services available in or
through the facility and of related charges, including any charges for services not covered by the
facility's basic per diem rate. [Eff MAR 10 1986] (Auth: HRS §§321-9, 321-10) (Imp: None)
§I1-98-17 Repeal of rules.
All versions of chapter 12F, Public Health Regulations, as they existed on August 1, 1985, are
repealed. [Eff MAR 10 1986] (Auth: HRS §§321-9,321-10) (Imp: HRS §321-10)
§11-98-18 to §11-98-49 reserved.
§11-98-50 Severability.
(a) If this chapter or the application thereof to any persons or circumstances is held invalid, the
application of the remainder of the chapter to other persons or circumstances shall not be affected. [Eff
MAR 10 1986] (Auth: HRS §§321-9,321-10) (Imp: HRS §321-10)
CITY & COUNTY ZONINC/LAND USE CLEARANCE REPORT Pap I of 2
A licant to fill in the followin
TO: CITY & COUNTY ZONING OR LAND USE DEPARTMENT ALL ISLANDS (check one):
HONOLULU KAUAI HILO
MAUI J MOLOKAI KONA
I am applying for licensure from the State of Hawaii, Department of Health, Office of Care
Health Assurance, 601 Kamokila Blvd., Rm. 361, Kapolei, Hawaii, 96707 and require
clearances for the following (check one):
Type I Adult Residential Care Home (ARCH) (5 or fewer residents)
Type II ARCH (6 or more residents)
Developmental Disabilities Domiciliary Homes (DDDH) (5 or fewer rcsldents)
Special Treatment Facility (STF)
STF / Therapeutic Living Program (TLP)
Assisted Living Facility (ALF)
The proposed structure is a (check one):
New construction
Renovation or alteration of an existing structure
Existing structure NO renovation or alteration
Name of Applicant:
Name of Corporation, if applicable:
Name of Operator/Administrator:
Address of Facility:
Tax Map Key:
Telephone of Applicant/facility:
Mailing Address of Corporation:
Telephone of Corporation Office: FAX
Number of Residents: Number of Family members:
Number of Fami ly members sharing living/dining or other common areas:
If no family members residing in the home, explain what the staffing proposal is per
shift:
Applicant Signature Date Planning Dept.
Exhibit a
Page 2 of 2
TO BE FILLED IN BY THE COUNTY ZONING / LAND USE DEPARTMENT (this
sample form does not replace each County's form). The completed form (2 pages) may
be submitted to the State of Hawaii, Department of Health, Office of Health Care
Assurance, 601 Kamokila Blvd., Rm. 361, Kapolei, Hawaii, 96707:
Use Zone: Tax Map Key:
Land Area: Occupancy Use:
Floor Area: # of Floors:
Yard Spacing: Type of Construction:
Approved and zoned for the above mentioned facility:
YES NO Not Applicable
or attach the County Letter, County Conditional Use Permit or Special Use Permit, as
applicable.
COMMENTS:
County Division Supervisor/Head Signature Date
OHCA IN 1 IF 05106
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
AUGUST 25, 2006
A regularly advertised hearing on the PLANNING DIRECTOR'S PROPOSED
AMENDMENT TO CHAPTER 25, ZONING CODE was called to order at 3:55 p.m. at the
King Kamehameha's Kona Beach Hotel, 75-5660 Palani Road, Kailua-Kona, Hawaii with
Chairman C. Kimo Alameda presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Andrew Iwashita
Fred Galdones
William R. Graham
Jeffrey McCall
Alvin Rho
Allen Salavea
Rene' Siracusa
Rodney Watanabe
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 26 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Article 1, Section 25-1-5(b) of the Hawaii County
Code 1983 (2005 Edition, as amended), by amending the definition of "family" to read as
follows:
"Family" means an individual or two or more persons related by blood, state-sanctioned
adoption, foster parentage, guardianship or marriage, or a group of not more than five
unrelated persons (excluding servants), occupying a dwelling unit. The term includes
individuals in larger group living situations described as group living facilities and family
child care homes[.] and a group of not more than eight unrelated Persons, plus any
program staff, living in a facility licensed by the department of health.
ALAMEDA: So moving on to Agenda Item No. 5, the Planning Director's amendment.
Staff?
DARROW: Thank you, Mr. Chairman.
ALAMEDA: Okay. Jeff, also, make note that Commissioner Iwashita had to leave us so
we'll be operating with eight Commission members today. Is there any objection to that?
1
WATANABE: It's my recollection that he'll rejoin us in Hilo for this and vote on it there,
bring up the discussion.
ALAMEDA: Okay. Jeff?
DARROW: Thank you, Mr. Chairman. I'm going to actually read a portion of the
Recommendation from the Director, that way we just lay it on the record.
The Planning Director is initiating an amendment to the definition of family in the Zoning Code.
This amendment will address group living facility type programs that operate within a single
family dwelling, which are licensed and regulated by the Department of Health. Presently, group
living facility type programs would like to increase their occupancy beyond five unrelated
persons within a single-family dwelling have no options within the State Land Use Urban
District unless they fall under one of several exemptions allowed by State law. If they are
located within the State Land Use Agricultural District, a special permit can be applied to
increase the amount beyond five unrelated persons.
Group living facilities that presently require a license from the Department of Health include
Adult Residential Care Homes or ARCHS, Special Treatment Facilities or STFs, Therapeutic
Living Programs or TLPs, Developmental Disabilities Domiciliary Homes or DDDHs and
Assisted Living Facilities or ALFs.
These group living programs are meant to be non-institutional and are designed to be operated
within a single family dwelling. They are low impact type facilities that are licensed or regulated
by the Department of Health-Office of Health Care Assurance Division for compliance with the
Department of Health rules that are applicable for each type of facility. The Planning Director
believes that these facilities are accessory to the single family dwelling and that they provide
valuable services to residential communities for disabled persons needing treatment. It is
proposed that these group living facilities would be allowed to operate within the State Land Use
Urban District with up to eight residents plus live-in staff, because they are regulated and
licensed by the Department of Health. This would also include facilities that are located within
the State Land Use Agricultural District on lots where single-family dwellings are allowed,
which are those lots created before June 4, 1976. Additionally, this will allow such facilities
within the State Land Use Ag District on lots created after June 4, 1976, as long as the home is
also used as a farm dwelling.
The definition for family is presently defined as "an individual or two or more persons related by
blood, state sanctioned-adoption, foster parentage, guardianship or marriage, or a group of not
more than five unrelated persons (excluding servants), occupying a dwelling unit. This term
includes individuals in larger group living situations described as group living facilities and child
care homes. The Planning Director is proposing to add the phrase, "and a group of not more than
eight unrelated persons, plus any program staff, living in a facility licensed," and we're adding
this phrase, "or certified by the department of health" to achieve the purpose of this amendment.
2
For the reasons stated above, the Planning Director is initiating this amendment to the Zoning
Code and recommends approval of the change by the Planning Commission and the Hawaii
County Council.
Since this amendment has been initiated, the Planning Department has received numerous letters,
mainly of opposition. This morning we have received a letter with attachments from Marilyn
McIntosh, who's the Director of the Behavioral Services Division; and we've also received a
submittal from Councilmember Virginia Isbell, which is this article that was within the West
Hawaii Today in today's article. And this is identified on the top by "Treat the Addict, Cut the
Crime Rate." Are there any questions?
ALAMEDA: Commissioner Siracusa?
SIRACUSA: It appears to me that this amendment is specifically crafted to address the
issue of the drug treatment facility that is being proposed for Keaau Ag Lots; and as such, I'm
wondering why the hearing has been held in Kona rather than in East Hawaii in Hilo.
DARROW: This has been something that has been brought up in several letters,
mainly from residents in Keaau Ag Lots. I can assure you the Director has been dealing with
this particular subject matter for a period of several years. This item is going to be held here in
Kona and it also has to be held in Hilo. So at our next Hilo, it is agendized for a Hilo meeting.
SIRACUSA: So then we are not coming to a decision today?
DARROW: Correct.
SIRACUSA: We're waiting until there's a Hilo hearing as well?
DARROW: Yes.
SIRACUSA: Okay.
ALAMEDA: Thank you, Commissioner Siracusa. Commissioner McCall?
MCCALL: I guess, question probably for Chris.
ALAMEDA: Sure.
MCCALL: Okay, for whatever the current situation is for a group living facility or
something, as it lies now, I guess for someone to use say the house that they purchased in Keaau
or something, it would need to be a maximum of five unrelated people?
ALAMEDA: Can you speak in the mike?
MCCALL: Oh, I'm sorry. Is that, it would need to be a maximum of five unrelated
people?
3
YUEN: Right.
MCCALL: And it would need approval from Department of Health, some sort of
permits of some sort?
YUEN: Right.
MCCALL: And was there any opportunity for the public to weigh in on something
like this?
YUEN: Not for five, no.
MCCALL: If there was for more than five, it'll be possible but they would need to get
a use permit or
YUEN: The Keaau Ag Lots being in a State Land Use Ag District, they could
apply for a special permit for more than five; and that would be like the special permits we've
seen here, public hearing notice to the surrounding areas and the like.
MCCALL: So with the current situation, for instance, as with sort of the letters written
there, if they wanted to do it, they could apply for a special permit and go that route?
YUEN: That's correct, yes. They could run a program with up to five people,
unrelated persons in the home. They could request a special permit to go beyond that. This
would allow up to eight unrelated persons plus program staff, as a matter of right. And just to
follow-up on the last question, we had met with the Department of Health well over a year ago
and agreed to do a definition change like this because we believe that it's very important to have
these kinds of programs and to allow them in residential areas, rather than in the few commercial
areas we have. And they are not meant to be institutional in nature, they should be nm out of a
home. So we had met with them and agreed to do this amendment. It took some time for us to
actually get to doing it. It would apply to the Keaau Ag Lots, but it would apply to a lot of other
areas as well.
ALAMEDA: Commissioner Watanabe and then Commissioner Siracusa?
WATANABE: All right. I have a procedural question for Mr. Torigoe. I'm not going to
open this up to debate. I think I already know the answer but, anyway, there's no way to provide
a proxy for this type of thing, yeah?
TORIGOE: No.
ALAMEDA: Commissioner Watanabe, what do you mean by, for my own clarification
but
4
WATANABE: The reason I brought that up is because I knew it would have to be heard
in both districts so I knew we would have a hearing or it would be agendized over in the Hilo
side. But in similar fashion to the last time we had one of these amendments or proposed
amendments, I won't be able to make the next meeting. So that means, you know, I'm sitting
here but I won't be able to vote. So that's why I asked if I could, you know, provide a proxy; but
I didn't think there was a mechanism for that.
ALAMEDA: Very good. Thank you. I understand. Okay, Commissioner Siracusa?
SIRACUSA: I'm looking at the third paragraph in the Revised Background Report, the
one that lists all the various group living facilities that require a license from the Department of
Health. And I assume, correct me if I'm wrong, please, Director Yuen, that these are categories
that are part of the Department Health's Administrative Rules?
YUEN: Correct.
SIRACUSA: And the definitions for them, therefore, are also part of the Department of
Health's. So I'm wondering why did you choose to go this route, changing the definition of
"family" rather than just asking the Department of Health to change their definitions or to add
another category that they would license? Do you understand my question?
YUEN: Say more.
SIRACUSA: Okay. They've got all these categories
YUEN: Yes.
SIRACUSA: That require a license from them, adult residential care homes, special
treatment facilities, therapeutic living programs and developmental disabilities domiciliary
homes. I'm wondering why they didn't go the route of just creating another category that would
require a license and setting up the various definitions and other requirements, rules and regs
covering it, why it has to come this way for us to change the definition of "family?
YUEN: Well, this has to do with the County's limitation on the number of
unrelated persons that can live in a home, in a single-family home; and that is contained in the
definition of "family." So we are carving out another exception that would let people in these
kinds of licensed homes, they're licensed by the Department of Health, have up to eight
unrelated persons, plus program staff. Otherwise, they would be left at five.
SIRACUSA: I just don't understand why we have to change the definition of "family."
These people are obviously not family. And, so, why are we trying to force them into a
definition that doesn't exist on the ground.
YUEN: Well, there's a number of different ways this could be done, but the option
and there are some downsides with the other ways of doing them. One of the downsides of
listing the programs is that the types of programs they license can change over time. So that's,
5
rather than listing these programs, that's one way to do it; and the most efficient way, really, was
to put it in a definition, by changing the definition of "family." This also, this already exists.
There's another set of facilities that are already allowed up to eight; and that's also contained in
the definition of "family," currently. There's always a number of ways to do something like this.
SIRACUSA: But I'm also concerned that this might be opening up another can of
worms for something that's not licensed by the Department of Health, but where you have a
whole bunch of people, say a crash pad kind of situation, you know, and how do we, are we
opening up possibilities with those kind of living arrangements. We wouldn't be able to regulate
them because they could say, "Oh, but we're family, we're eight unrelated persons, plus two," or
something like that.
YUEN: No, because they wouldn't be licensed by the Department of Health.
SIRACUSA: So that's the criteria then?
YUEN: That's included in the criteria, up to eight
SIRACUSA: So that's how we can get a handle on this.
YUEN: Yeah, it says, "up to eight unrelated persons, plus program staff in a
facility" I'm sorry, I'm going to be giving you the exact wording, "living in a facility licensed
or certified by the department of health." So it wouldn't just allow any group of eight unrelated
persons to live in the home. It would have to be in a facility licensed or certified by the
Department of Health.
SIRACUSA: And is it my correct understanding then that the corporate would not
license that facility if they felt that the structure was too small to accommodate that number of
people, or does that have to be spelled out somewhere about how many bedrooms, you know,
that sort of thing?
YUEN: I think it'd be best for the, I'm not sure we still have the Department of
Health person here. I know that they have an extensive list of requirements for licensing; and I
believe they look at those kinds of criteria. But best to ask them on that, specifically.
ALAMEDA: That might be a good transition. If there's no objection, I'd like to invite
the Applicant or his representative, oh, that's you.
YUEN: Well, this is I think you just start, you take public testimony. I think if
we still had somebody from the Department of Health it'd be useful for them to come up for this.
I don't think we do, though. I think she had to go.
ALAMEDA: Okay. Well, I think we can move then to our testimony. Is that okay? All
right, we have nine testifiers today, patient testifiers. I'd like to call up Eric Carter, Larry
Thurman, Bernie Miranda is not here, and Gary Michell, and how about Dan Landis. Then the
rest of you we'll take after this. If you can keep your testimony clear, concise
6
CARTER: Mr. Chairman?
ALAMEDA: Yes?
CARTER: Mr. Chairman, before you swear us in
ALAMEDA: Sure.
CARTER: To kind of speed things up here, I think there are enough people today
speaking in opposition. I can defer and wait till the Hilo meeting `cause I will definitely be
there, provided you'll put it higher on the agenda at the next meeting.
ALAMEDA: Let me ask, do we have the agenda out already?
HAYASHI: Unfortunately, the hearing agenda has been set and it's last on the agenda
again.
ALAMEDA: We can't move the agenda once it's set but, hey, we like that
recommendation. Anything that would speed things up is good for us so Okay, how about I
swear you in. Please raise your right hand. Do you swear or affirm to tell the truth now before
the Hawaii County Planning Commission?
TESTIFIERS: I do.
ALAMEDA: Thank you. Also, please note that when providing testimony, if someone
previous to you has already stated what you want to state, then maybe you could summarize your
points really quick as a way to speed up the process. However, we are very happy that you have
stayed this long. We are interested in hearing your opinion and your views on this matter, so
thank you very much. We can start with my far left. Sir, could you please state your name and
address for the record?
CARTER: Yes. I'm Eric Carter, 17-209 Meaulu Street in Keaau.
ALAMEDA: Mr. Carter, you may proceed.
CARTER: Thank you. Well, since you brought up the Marimed Foundation, there
are just so many issues involved in this that it boggles my mind. But in their particular facility,
they have two homes on one 1-acre lot and neighbors all around. And if you allow eight people
per residence, plus some indeterminate number of staff, yeah, that's 16 plus I don't know how
many staff. I know they have a minimum of two per house. This house was I think built around
1990 and, frankly, I don't think the sanitary facilities can support this number of people. You
have the issues with one driveway, people coming and going, they're busing them off to
Laupahoehoe every day for school, I believe, and bringing them back. Visitors, if you have any
emergencies and the issues, fire, police, ambulance, I don't think it's, it's just not a good
situation for the community, for them, for anything. And I do believe they already some
7
runaways; and they're not even in operation yet. Three girls a week ago Sunday, my neighbor
came to my house and said she spotted the three girls hiding behind some ti leaves a couple of
blocks down from where their house is smoking. And then when they were, she was on her
power walk and then she was going back up, then it was clearly going into that house, that
Marimed house, suddenly detoured when it saw them, came and asked, "Have you seen three
girls?" And it was about a little after 6:30, I think Sunday, maybe the 17`h, but she thought they
were waiting until it got dark and they'd make their getaway.
So it's just our CC&R's clearly state we don't allow businesses, non-ag businesses in the ag lots.
And they are a business, there are employees, they pay them. They have lot of cash flowing,
going through there and they keep saying, "Oh, we're non-profit." That means that all adds up to
zero at the end of the year as far as I'm concerned, that's all it means. And I know they don't
take people there for treatment who, that they're not being funded by the Department of Health.
I also have a question about this redefinition of family. Is that the State Department of Health, or
the County Department of Health, or either one, or both? It just says Department of Health. Is
that
SIRACUSA: It's not the County Department of
CARTER: So it's the County Department of Health which
SIRACUSA: No, there is no such department of the County.
CARTER: It's just the County, Office of the State Department of Health that does
things on their behalf, okay, okay. And, also, I just, how is eight people a magic number here?
Is that, why not seven, why not nine?
ALAMEDA: You can give your testimony and that may trigger some thoughts for our
Commission. But we get to ask the questions. You make the statements. How's that?
CARTER: Okay. And one just little last thing. Imagine the situation where you have
this one house here, and then you have another house next door, and they're each certified by the
Department of Health, and they have facilities in both of those. What's to stop them from
consolidating them into one larger facility? Is that a possible development down the road if that
goes on, or third, or fourth? I don't know. I think that even if you do allow situations like this,
you must set some limits somewhere on things, aside from just, you know, eight people plus
eight people. There's just so many variables involved. And whatever happened to the good old
variance? Is there something wrong, is that system broken? Is that why you need to actually go
in and up the number you're permitting per facility? Since they can apply for a variance and go
through that procedure, I thought that was the way things should go. Thank you very much.
ALAMEDA: Thank you. We may have some questions for you, Mr. Carter. Any
questions for Mr. Carter? Commissioner Siracusa?
8
SIRACUSA: Well, I was wondering, the gentleman raised some issues and I was
wondering if our Director would care to address any of them.
ALAMEDA: Mr. Director?
YUEN: Well, I think there were two questions he asked. One is how did the
number eight arise or arose out of our discussions with the State Department of Health as to what
the optimum scale of a facility like this would be? They felt that they wanted definitely more
than the five unrelated persons. They thought that eight was sufficient. More staff the better the
control level. So that's why we added the staff as being additional to that. The eight was the
clients.
The variance would, this gets into a technical discussion of a variance. A facility would not
qualify for a variance.
ALAMEDA: Any other questions for our testifier? Seeing none, thank you very much,
Mr. Carter. You can be seated.
CARTER: Thank you.
ALAMEDA: Sir, could you please state your name and address for the record?
MICHELL: My name is Gary Michell. My address, office address is 75-166 Kalani
Street in Kailua-Kona. I'm the Hawaii Island Services Director for Mental Health Kokua.
Mental Health Kokua has been providing recovery based rehabilitation housing for adults who
have mental illness in the State of Hawaii for the last 30 years. We do not have any homes right
now in the Keaau Ag Lots, and so we're not involved in that dispute. We are one of several
housing vendors that are contracted by the Department of Health, the Adult Mental Health
Division in Hawaii County; and we are monitored and certified by Adult Mental Health
Division.
Just to give you some ideas of the numbers of consumers that we have served over the past fiscal
year, we've served 135 consumers. That's a total of over 15,000 bed days. Current zoning laws
allow us to serve only five unrelated persons in group homes. We recently opened a property in
the upper Kaumana section, a very large property about 2,500 square feet. We currently have
five consumers in that house, although we're capable of accommodating very easily eight
consumers. What that means is that right at this very moment there are three consumers out
there that either have inadequate housing or they're homeless.
Our studies have shown that the mentally ill, if they had adequate housing, mental health
treatment is more effective, there're fewer hospitalizations and they live more productive lives.
On the other hand, for the mentally ill who do not have adequate housing, what we find is that
they decompensate, they destabilize; and the end result is the use of County funding for police
intervention, for emergency room visits, for increased hospitalization, and so forth.
9
The cost savings in terms of tax dollars is really dramatic. Community-based intervention
services such as the homes that we provide here in Hawai' i County is approximately 10 percent
of the funding required for institutional care. So we are respectfully requesting that the current
zoning laws be amended to specify that eight or fewer persons who reside in a group home be
allowed. Thank you very much for allowing me to testify.
ALAMEDA: Thank you. Any questions for the testifier? Sure, Commissioner McCall?
MCCALL: On your facility up in Kaumana, would you be willing to go through and
get a special permit to allow, you know, go through a public hearing to allow that to have more
than five?
MICHELL: I wouldn't have any objection to that, although I can say that we are
certified by Adult Mental Health Division, we're monitored very closely. If there are any
discrepancies when they do do their observations, there are plans of corrections and so forth. But
we certainly wouldn't have any objection to that, no.
ALAMEDA: Commissioner Watanabe?
WATANABE: Yeah. But as a follow-up to Mr. McCall's question, I believe special use
permits are only permitted in ag areas; and I'm not sure if that area is in a ag district. Am I
correct in that?
YUEN: You said Kaumana or Kaumana City?
MICHELL: It's up at Kaumana on Amau Road, A-m-a-u. Maybe my pronunciation is
incorrect. It's Upper Kaumana.
YUEN: I don't know that area. Norman, what do you think? Is that State Land
Use Urban? Amau Road, I don't know where that is.
ALAMEDA: Across 7-Eleven?
YUEN: Sorry, where?
HAYASHI: Is that in the vicinity of Wilder Road?
MICHELL: Yes, it is. Yes, Wilder Road I believe it is, yeah.
HAYASHI: Then that, if I'm not mistaken, that area could be zoned for Single-Family
Residential use.
YUEN: How big is the lot?
MICHELL: I'm not sure the exact dimensions of the lot. I know the dimensions of the
house, approximately 2,500 square feet.
10
YUEN: Is the house, is it in a neighborhood that looks like a single-family
residential neighborhood of normal sized ag lots?
MICHELL: Yes, yes.
YUEN: I don't know for sure the area but I think it's in the State Land Use Urban
District; and that means that they couldn't apply for a special permit.
MICHELL: Okay.
ALAMEDA: Thank you. Any other questions? I have one. Gary, the question was
asked earlier about the Department of Health's criteria. From what I understand it's pretty
stringent. Would you like to comment on the criteria to actually, some of the criteria that maybe
Commissioner Siracusa might be referencing to, to get it licensed from the Department of
Health?
MICHELL: If the facility needs to be licensed, we have one facility that is licensed by
the Office of Health Care Assurance and there is a process that we have go through. For
example, they look at the cesspools, for example. That has always been an issue. They look at
staffing. Houses that need to be licensed, need to, again, be under the scrutiny of Office of
Health Care. Their registered dietician, for example, there usually have to be a nurse involved in
our particular case. So there are a variety of issues that need to be addressed before a house can
be licensed.
ALAMEDA: How about the number of rooms. Is that to be ADA-compliant, all of
those other examples?
MICHELL: Not necessarily. We have some of our houses that are HUD-funded by the
Federal government that must be ADA-approved; but houses that are licensed do not necessarily
have to be ADA-approved.
ALAMEDA: Okay.
YUEN: Do they check the size of the rooms. Is there a requirement for the size of
rooms, number of people in a room?
MICHELL: Yes, they do. Department of Health allows a maximum of two per room.
ALAMEDA: Okay. Thank you. Any questions, Commissioner Siracusa?
SIRACUSA: Yes. Well, I'm thinking about the situation here where on a one-acre
parcel with two dwellings, you're looking at eight people plus two staff, so that's 10 all together.
And I'm wondering whether that parcel has a septic system as opposed to a cesspool because that
would come down to 10 and 10, 20 people; and that's like five gallons a day of water which
11
would put them in the EPA requirement for septic. It's what, 100 gallons a day usage I think is
one of the criteria.
YUEN: The home would have to follow all other regulations; and if it, so it would
have to follow whatever wastewater regulations applied.
ALAMEDA: All right.
SIRACUSA: But we don't know at this point whether there's a septic on the property or
it's a cesspool?
YUEN: Well, we're not dealing with any particular home or application here. All
I can say is that if this passes, the home will still have to follow any other applicable regulations.
And, so, if
SIRACUSA: At this point it's all theoretical.
YUEN: Yeah, well, when it becomes actual, then, as I say, the homes has to follow
the other regulations, including limits on wastewater disposal. So if it doesn't pass that, it can't
be used, just as same though as any other occupancy of the home.
SIRACUSA: Thank you for explaining that.
ALAMEDA: Thank you, Commissioner Siracusa. Any other questions for Gary before
I let him go? Seeing none, thank you for testifying today. Mr. Landis, Dr. Landis, did you get a
chance to state your name and address for the record?
LANDIS: My name is Dan Landis. My address is 17-123 Palula Place in the Keaau
Ag Lots. I'm a research psychologist, social psychologist, whatever you want to call it. I retired
about four years ago but I try to keep active by my research.
One thing I'd like to, first of all I'd like to thank the Commission for allowing us to come over
and for being as patient as you are. You say we're patient, you're patient, too, having stuck
around this long.
We in the Ag Lots have a problem and we'd like your help in solving that problem. The problem
is that we see a slippery slope developing here. That is, number one, I would confidently say to
you that there's no evidence of the magic number eight of being a sufficient or necessary number
to treat these kids. It could be eight, it could be seven, it could be five, it could be six, it could
be, the numbers seem to have just been pulled out of the air; and I would say probably the
Department of Health doesn't have any evidence that that's an optimum number. That may be
for their funding, so extra funding stream; it may have something to do with that. But I would
guarantee that it doesn't have anything to do with the therapeutic effectiveness of what they're
doing. So I would suggest that you'd be very, very careful about approving any number above
five. I personally like the idea of a variance. Director Yuen says that's not possible but I wonder
if we ought to maybe take a look at that and investigate it a little bit further.
12
I'm also worried about the phrasing of this particular amendment, particularly the phrase
"department of health licensing approval." My understanding from looking at the research over
the last God knows how many years is that these types of community programs work best when
there is community support, and I mean community support in the immediate area. That takes
time, I would suggest to you. That takes time to develop. There are ways to develop it. I'm a
fairly new newcomer to Hawaii but I know enough about Hawaii to know that there are ways
in which you talk story, and where you get the community together and you go over and over
and over, and you resolve these disputes. It takes time, probably a year before you even open up
the house. Then you've got the community support. As it stands now with the way this is read,
if I interpret it correctly, and I could be wrong, I've been wrong before, my wife keeps telling me
that I'm wrong sometimes, is that all they need to do is get the Department of Health's support.
And once you've got that support, that certification, so on, it doesn't make any difference
whether the community supports it or not. But I'm sure there's no provision in the Department
of Health that they have to come and get community support. So they just simply move in
whether it's five, or eight, or ten, or whatever number.
It also trumps any CC&R's that might be existing in the development. You might have a CC&R
that might prohibit it; and we happen to think our CC&R's do prohibit this activity. But you
might get a CC&R that specifically prohibits this activity, but the Department of Health
certification would trump that. They come in, they buy and they're on their way.
So having said that, I also suggest, since we're talking about the Keaau Ag Lots, that you take a
look at the history of the Ag Lots. And I don't know that much about it but other people do.
And they tell me the history involves the Puna Sugar and the fact that these lots were made
available to the workers in lieu of their last salary; and it was designed to provide a retirement
and a long-tern home for many of those workers; and many of those workers are still in the Ag
Lots. A number of them have turned over, like our property, and so on. But a lot of them are
still there; and many of them couldn't come today, and they will be there at the Hilo meeting.
They couldn't come because they work, or otherwise. So I would ask you to be sensitive to that
history.
And people are very upset. Every meeting we've had, and I'm on the association board. I was
one of those when they said with those who don't want to be on the board sit down, I couldn't sit
down fast enough. So I'm on the board. But more importantly, every meeting we've had the
vote has been virtually unanimous against this facility, and those meetings included
representatives of Marimed. And I think the first vote was 50 to 1, the second vote was
something like 80 to 1; and every time we've had a meeting, if you know association meetings,
you know you're lucky if you get this number of people to turn up. And on this issue we've had
incredibly number of folks turn up; and they are very upset and very outraged about this facility
coming into our development. And it doesn't mean that we're opposed to a facility that provides
treatment for these kinds of children. We think that they've gone about it the wrong way, we
think that it doesn't fit with any of our development, it violates our CC&R's and the number of
other things that we've talked about.
13
So, with that, I will shut up. Pardon me, I'm an old college professor and I never know when to
shut up.
ALAMEDA: Are there any questions for our old college professor, Mr. Landis? Seeing
none, thank you for your testimony. Appreciate your coming out to Kona today.
Next testifier, would you please state your name and address for the record.
THURMAN: Yes, my name is Larry Thurman. I live at 17-324 Palaai Street in Keaau,
the Keaau Ag Lots.
ALAMEDA: Thank you, Larry. You may proceed.
L. THURMAN: Before I get into my statement, I made a note here a little bit ago. I want
to revisit the eight versus five number again. At one of our very first community meetings that
we had, I recall the person from Marimed standing up and saying, "Well, we've got to have eight
because it's not cost-effective at five." But nobody seemed to have brought that up; but I find it
very ironic that the Director's proposal comes up with the same number eight as that person from
Marimed did.
I had a 30-year career in law enforcement in California. I retired as the equivalent of a police
chief in Hawaii; and after that I went into private investigation and did defense work for another
five or six years. And during that time I became very familiar with programs like this, not only
for children but for adults. And I'm here to tell you that there are very well intentioned and I
support the programs; but there are places to place them and there are places not to. The
politically correct term for kids like this is "children at risk;" and when you have a program like
this, you have situations like Mr. Carter brought up about the three kids that walked away from
over there. You have many of those. Unfortunately, some of those when they leave they decide
to break into homes, they decide to steal cars, and that type of situation. But the biggest problem
is, is that in addition to those eight people that live in that house, they have friends that are going
to find where that's at, and they're going to come over and try to visit them. So you'll have more
than just those eight and it's a constantly rising thing.
Now the great majority of the people in the Keaau Ag Lots are my age or older; and they don't
need to be worrying about leaving stuff out and it walking off. They don't need to be worrying
about their houses getting broke into when they're not at home. For those reasons, I'm really
opposed to this. And like it or not, that's going to happen; and like it or not, a lot of these kids
are going to be referred to this program as a condition of probation because of some criminal
activity with the juvenile authority, with the court authority, before they got there. And that's all
I have to say.
ALAMEDA: Thank you, sir. Questions? Commissioner Siracusa?
SIRACUSA: Yes. Do you think that with two adult staff living in the house, they
would have better control over what's happening if they were only five clients, or students, or
children in the facility rather than eight? Is eight spreading, do you think that eight is spreading
14
a little thin? And, for example, if there had been five instead of eight, would those three girls
have been able to get away, would there have been more supervision?
L. THURMAN: I think the only way that you can guarantee that they're not going to have
situations like Mr. Carter is if you have one supervisor for each attendant there and they have a
leash on them.
ALAMEDA: Commissioner Siracusa?
SIRACUSA: No thank you.
ALAMEDA: Thank you, sir, thank you for your testimony. Thank you for coming out,
appreciate it. All right. We have Sarah Ho, Richard Walker and Marilyn McIntosh. Please
come forward? Please raise your right hand. Do you swear or affirm to tell the truth now before
the Hawaii County Planning Commission?
TESTIFIERS: I do.
ALAMEDA: Okay. Thank you. All right, we can start from on my left. Ma'am, could
you please state your name and address for the record?
HO: Sure. My name is Sarah Ho. I reside at 75-5529 Hahai Street in Holualoa.
ALAMEDA: Thank you. Did you provide us with a written testimony?
HO: No. I did not. I just came this morning.
ALAMEDA: Thank you for coming. You may proceed.
HO: If I may just share my perspective. I am a mental health consumer in
recovery by bipolar disorder. I have taught recovery courses islandwide and on Maui Island. I
co-facilitate two support groups and probably am acquainted with, between 3- and 400 mental
health consumers islandwide. So I have a perspective of the spectrum of recovery that is perhaps
new to most of the members of the Commission here.
Clearly, not all of us in recovery are young children. There is a very serious housing shortage for
persons with mental health issues. We, with mental health issues, many of us have made some
poor and self-destructive choices in our lives. We are attempting to get out from under those
choices and get our lives back. We also, almost to a person, I, in fact, cannot think of any
exception to this, we have had in our early childhood adverse experiences that have affected the
way we're able to learn, function, deal with the world. We are looking for a second chance. We
are looking to get our lives back; and I see people over and over again who are doing that. The
opportunity to live in a home rather than on the streets of Kailua, and I should mention that it is
not only the Keauhou home that would be affected by a decision change by this Commission, but
there are other housing group home facilities in the Kailua-Kona area which could provide extra
beds for people who are currently homeless and in need. A person who's living on the street
15
becomes desperate, frightened, as Gary said, decompensates rather easily. It's easy to get drugs
on the street, it's easy to fall back into despair on the street. If one has a place to come to at the
end of the day, a place literally to lay one's head, it can go a very long way towards supporting
the belief that recovery and a better life are possible.
I think that this change, although it seems rather small just to go from five to eight beds in a
house, we're talking then of three extra beds in a number of houses, and each one those
represents an individual's life. That person's life might be turned around by the opportunity to
be in a home rather than on the street. And I think that kind of change is part of what we all want
to do in the world, to make it a more humane and welcoming place. So I would urge the
Commission to consider approving this County-wide shift on behalf of all of us in recovery.
Thank you for hearing me out. Appreciate it.
ALAMEDA: Thank you, Sarah. Appreciate your testimony. Any other
Commissioner Graham, for Sarah?
GRAHAM: Just a piece of information, thank you for your testimony. You did
mention the decision by this Commission. I just want to let you know, and everybody here, that
my understanding is because it's an amendment to the Zoning Code, the County Council will
make the decision. So we're just having a hearing today, we'll be having a hearing in Hilo, and
then we'll make a recommendation to them; but they will make the final decision. So it'll be
awhile.
HO: Thank you for that clarification.
ALAMEDA: Any questions for Ms. Ho? Seeing none, thank you so much for coming.
You may be seated.
HO: Thank you very kindly.
ALAMEDA: Ma'am? Please state your name and address for the record?
MCINTOSH: Hi. I'm Marilyn McIntosh. My address is P.O. Box 2008, Kealakekua,
Hawat i. I'm the Director of Behavioral Health Services for the Big Island Substance Abuse
Council.
I really can't speak on the Keaau Ag Lots; and we're not running an adolescent program right
now in the way of a residential or therapeutic living facility for adolescence. But I do want, I can
comment that the report that Sarah just gave hits everything on the head that I was going to say,
also. We deal with people coming in who are homeless, who have no way up unless we can help
them by giving them a home to start structuring their lives again. Yes, some of these people are
referred by probations, paroling authorities, Big Island Drug Court; but the homes help to give
them back their lives. And with the help of such people as Probation, Big Island Drug Court,
and the Paroling Authorities, we have a stronger leash on these people, to use the term that was
earlier used "leash." It's very, very helpful. Those people out in the community that he was
earlier speaking of, "high risk," they are out in your community already. If we can get them in to
16
therapeutic living programs, we can get them off the street, we can lower crime, as mentioned in
the West Hawai'i article today that Virginia Isbell brought in, 80 percent of crime can come
down in your own backyards.
As far as the number eight, it's not a magical number, it's not a therapeutic number. It's a
number of needs. Right now there are people on waitlists who are seeking help, who want
treatment, who want recovery, who want their lives back. And we have waitlists of people
wanting to get in; and they fall in between the cracks and we lose them. We try to re-integrate
back into the community. That's why we're looking at houses versus putting them out into the
boondocks, segregate it from society. We'd like to see these people come back into the society
as contributing members.
BISAC is working with the standards of the Department of Health, Alcoholic and Drug Abuse
Division. We're audited. They come out to our facilities and check them on a quarterly basis, so
we have those standards to come by. We have rules and regulations already in place for our
houses. We have policies and procedures that we follow.
With that I'm going to end.
ALAMEDA: Thank you. Any questions for Ms. McIntosh? Seeing none, thank you for
your testimony, really appreciate it. You may be seated. Sir, will you please state your name
and address for the record?
WALKER: Yes. My name is Richard Walker. My address is 35-1805 Kapehu Road,
Papaaloa; and I may be able to shed some light on some questions that were asked of residents of
the Keaau Ag Lots earlier. Mr. Yuen mentioned that the planning had begun for a change,
making this an amendment over a year ago and indicating that that ruled Marimed out as a focus.
But, in fact, Marimed has been operating on this island for a couple of years now. They've been
in Papaaloa. They first bought the property in our neighborhood in July of 2004 and began
operations around October of that year.
It was a big surprise to us because they made no attempt to outreach; and, consequently, they
earned the enmity of most of the neighborhood, except for there is one homeowner that has been
working with them in having the youths pave and haul gravel and so forth for him. But as is the
case in Keaau Ag Lots, otherwise, it's unanimous that they're not appreciated based on our
experience with them, both their attitude toward the neighborhood and in our experiences with
their people escaping, and traffic issues, noise issues, and so forth.
I can shed a little light on the Department of Health requirements. In the earlier testimony stated
that there was a limit of two per room. However, at the facility in our neighborhood, they have
one large unit with bunk beds. So that may be that they're following different rules than the
mental health situation.
Also, in terms of Department of Health issues, they bought the property which is on catchment,
as all of our properties are, and only later discovered after making their investment that the
County, or rather the State Department of Health was going to require them to be on County
17
water, which, of course, is impossible. So now they're spending a great deal of their funding on
trucking water, and all the times we have big water trucks coming up.
So there seems to be a difference of approach between a lot of these mental health things and the
Marimed Corporation itself. They seem to be good in making enemies and alienating those
whose neighborhoods they've entered. I wish it were otherwise, because I think we can all agree
that this is a need that needs to be served. But I don't know if they're the low bidder, or the only
bidder that's attempting this sort of operation but it has proven pretty unpleasant for those that
have to be around it. And the idea of trying to re-define what a family is as a way of increasing
their ability to obtain funding on a per structure basis seems unfortunate, because it seems an
unnecessarily broad net. Simply the fact that they are licensed by the Department of Health
seems a little cavalier, based on what appears to me and many others the difference in their
methods compared to some of the other examples we've heard today.
So re-defining family, Mr. Yuen has said that there are many ways to go about it. But I can't
understand that this is the right one to try to re-define what a family is, simply by eight unrelated
individuals sharing a living space. One might ask how many feathers do I need before you tell
me I have a duck. It doesn't follow; and it doesn't make sense to a lot of people on the face of it,
I think we've heard today.
So I understand you'll be going forward with this and hearing testimony from others on the other
side of the island. 1, myself, drove over to be here. But it may be that there's another way of
approaching this that might be fairer and take into account situations and the appropriateness of
the way the people might take off with this, if they can stuff more people into a house through
bunk beds, or whatever. And I'd be happy to answer any other questions about our experiences
with this particular organization.
ALAMEDA: Commissioner Graham?
GRAHAM: I just wanted to ask Jeff in regard to the testimony, since we heard about
two Marimed facilities now in Papaaloa as well as Keaau, I'm wondering if they have been cited
for, you know, violations of our Zoning Code, or whether they've ever come to you for a special
permit which they could apply for in order to be in conformance with the Ag District?
DARROW: I'm not familiar with any violation or complaint from them previously
when I was working as a zoning inspector. Do you know if they're operating with more than
five unrelated people?
WALKER: I understand that, you know, in our zoning, which is Ag, that they are
automatically able to operate with up to eight as it is currently.
YUEN: I don't know what the situation is in Marimed and Papaaloa. I don't know
anything about it. Aside from knowing that there's a Marimed in Papaaloa, I don't know
anything about it.
DARROW: It's something we can look into and find out what the situation is there.
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WALKER: Yeah, as far as violations we are aware of the, you know, various police
issues, and so forth, when they have to go up there.
ALAMEDA: Seeing no further questions Oh, you have a question, Commissioner
Siracusa?
SIRACUSA: Yeah. I'm involved with Pahoa Weed and Seed; and part of what our
group's focus is trying to increase the amount of treatment facilities and intervention
opportunities. I very much support treatment facilities, especially ones that are homey and not
institutional looking, which would drive me crazy if I was in one of them. And, yet, I'm not sure
what the best way is to implement situations like that. The Director said that there were more,
there was more than one way to do this; and I sure would like to hear what all the options are,
first. For, you know, like having, I can understand All right, you know, I'm on boards of non-
profits, I understand that you can only serve so many people with "x" amount of money, you
know. And, so, if it takes eight residents in a home to be, to make it cost-effective because of
what your funders require, for example, that you serve a minimum number of clients, then there
still has to be some other possibilities. And I would like to have the options spread before me
like a smorgasbord so we can see what we have there, rather than just have one possibility, you
know, change the definition to family and not be told what the other options are. Would you
care to address that, Director?
ALAMEDA: Mr. Director?
YUEN: Well, as an over-arching kind of framework, you either have a permitted,
something is either a permitted use or you have some special kind of procedure to allow it, or
you don't allow it at all. So this approach is that it would be, you know, up to eight would be a
permitted use. Another option is that, it could require a use permit which would require coming
before the Planning Commission on a case-by-case basis. Another option, if you want a
smorgasbord, would be to allow nine, or ten, or seven, or six. You know, there's a whole range
of options.
SIRACUSA: And variances. You forgot variances.
YUEN: Variances are different. Please, I don't want to spend, you know, a long
time talking about what a variance is; and it would be difficult to call this a variance.
ALAMEDA: Commissioner McCall?
MCCALL: I guess mostly comments and then I know I'm not supposed to be
testifying, but I guess I will anyway. Hopefully, it'll come out with a question, Chris. I'm
generally uncomfortable. I mean, I do see the need for treatment facilities. You can attest that
there is, you know, that they are very valuable to the people being treated and that putting them
in a community setting is part of the treatment; and that it is very valid. But, given that, I have a
problem when you put any treatment facility in a residential neighborhood or any neighborhood.
You are affecting all the neighbors. And saying that these people are out there anyway is not
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really You are concentrating, I don't want to call them trouble-, you know, some might be
troublemakers, some might be, you know, whatever. But you are concentrating them in an area.
And given the current situation, and I think that these treatment facilities, to some, they have a
bad name because they are not controlling these individuals. I think enough people can attest to,
you know, times when people, kids run away. We heard about that in Keaau Ag Lots, that kind
of thing. I guess my point is what needs to be done is the, I would like to see, number one,
public hearings for any type of thing. If the use permit route is the way to go, that would make a
lot more sense to me than changing the definition of family. And I would like to see these
treatment facilities, I know it's going to cost more but I think the treatment facilities need to
figure out a way that they will be a benefit and an asset to the community. And if they can be an
asset to the community, the communities will bring them in and will want them in their
community. But that is not the case at this point in time, you know. If the treatment facilities
can become, you know become wanted in the communities then they won't have a problem as a
public hearing. But I feel that the public needs, and I think this is a good example, the public
needs to have a say in what is happening here. So I think this is the wrong route to go. I think
the right route is something like a special permit type of situation that will give the public the
ability to have a say with what happens in their community. And they would change the
treatment facilities so that they will become an asset to the community. In a way, if I can make a
question of it is, is there a way, Chris, to, you know That would be the way I would want to
support it, if we have something that's more of a special permit, that's the route.
YUEN: Let me explain
ALAMEDA: Any other questions for the testifier? Seeing none, thank you. You may
be seated.
YUEN: You want to finish the testimony before we have this discussion because
we can have
MCCALL: I'm sorry. I thought we did have the testimony.
ALAMEDA: Actually, we have one more testifier.
MCCALL: Okay, I'm sorry.
ALAMEDA: Sir?
WALKER: Just on the subject of changing the definition of family, it just seems so far
from normality when, in our case, the family has 18-aged sons all with history of behavioral
disorders, drug abuse and criminal activity to described that in the same, with the same word as
what we would think of as being a healthy growing up environment or want for a neighbor. It's
two different things compared to some of the mental health adult sorts of things that we've heard
about. I'd like to contrast that and make sure that there's a distinction made. Thanks.
ALAMEDA: All right. Thank you, and you maybe seated. One more testifier.
Richard Thurman? Thank you for waiting patiently. Richard, could you please raise your right
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hand. You swear or affirm to tell the truth now before the Hawai'i County Planning
Commission?
R. THURMAN: I do.
ALAMEDA: Okay, again, please state your name and address for the record?
R. T14URMAN: My name is Richard Thurman. My address is 17-204 Meaulu, Keaau,
Hawaii. Thank you for taking the time to listen to us. Unfortunately, I'm the last one up and
probably the longest winded of us all. Is it okay to introduce evidence?
ALAMEDA: Did we have that as part of our packet? What's the title of it?
R. THURMAN: This happens to be from the Planning Department.
ALAMEDA: I think we might already have it.
R. THURMAN: A letter from Marimed Corporation, and then also a letter from
Mr. Chris Yuen in rebuttal or an answer to that letter.
ALAMEDA: Jeff, could you take a look at that, please? Mr. Thurman, you did give us a
letter. Did you send us a letter of your testimony already?
R. THURMAN: I probably sent a couple of letters and a couple of emails, and at the
County level and at the State level.
ALAMEDA: Okay. So just let me ask Jeff. If we don't have it, if you could attach it to
his letter? Would that be appropriate?
DARROW: You mean, to make copies? What I can do is pass them around now. We
can pass it around now; and then we can go ahead and make copies for the Commissioners for
the next meeting. So, at least at this point, we can see, you folks can take a look at it.
ALAMEDA: Okay. Thank you. You may proceed, sir?
R. THURMAN: Thank you. First of all, I'm from California. I've lived in Hawaii, going
on four years now. I am a home builder. Remodeling is what I do for a living. I'm somewhat
familiar with the building codes and the ordinances here of the County of Hawaii, just
completing a house in Keaau Ag Lots. The reason I built the house in Keaau Ag Lots was I built
the house. I live in a house for a couple of years, and then I sell that house, and I move on; and I
build another house. I do one at a time, I do it right, and then I move to the next one. I entered
into the Keaau Ag Lots specifically because it is zoned and the CC&R's specifically specify that
there are no commercial businesses allowed in there, to include me. Because as a building
contractor I cannot even use my own home address as an operational address because
commercial businesses are not allowed in the Keaau Ag Lots. The Keaau Ag Lots, and there's a
good reason why. First of all we have the brand new Kamehameha School right across the street
21
from us. We have the Keaau Elementary School right down the hill from us. We have the brand
new Keaau Intermediate School that's to our back door; and then we have the Keaau High
School that is just another quarter of a mile away from that. And here we have a company or
corporation that's non-profit that's wanting to put at-risk children in the middle of all four of our
schools, knowing full well and acknowledging that there was a situation developing when they
came in and purchased the residence with this in mind. And I think Mr. Yuen addresses that
very adequately in his response to their request. And if you'll note that in Marimed's letter that
you'll notice that they requested this information at the time they entered into escrow, not at the
time of the date of the original purchase of the home.
As far as amending or changing the number from five to eight in a residence, we're beating
around the bush here. We know the reason why we're here. This got put on the agenda because
Marimed wants to move into the Keaau Ag Lots, and they want to open it up; and they need
eight persons per house in order to make it work.
Well, the two-story house up front is a five-bedroom home; and if you put two beds per
occupant, then you have it. However, the staff is supposed to be 24-hour staff and they're
supposed to be on duty. So now, where's the staff going to sleep, number one? Number two,
how many staff is going to be out there, according to the proposed amendment? And number
three, we have a two-bedroom home that is in the back of the big house that you're going to get
another eight people in?
Now I understand that the Department of Health is supposed to regulate, and supposed to come
out and inspect, and they're supposed to making all these changes. Well, under this amendment,
what happens to the Fire Department coming out and looking? What happens to ADA coming
out and looking? What happens to excessive no on-site parking? As a builder, and I did a lot of
commercial stuff on the mainland, I'm very familiar with ADA requirements and Code
requirements under ADA. And these houses, I mean, I can even get down to where they've got
to have 32" doors for interior doors, none of the accessways can have more than two percent
grade. They do not have any outside elevators, all the windows upstairs do not pass egress
codes, there are no fire escapes, there's no two-way out. I mean, I can go on and on in this
situation, as far as this particular And I understand and appreciate why it's being presented in
this fashion. However, it is just the way around to be able to get operations started. In the
family code, it passed as the ag designated area. And we were quite told blank-and-blank, we're
going to open up a garden and we're going to have 16 people maintaining a garden in the back of
this house so we can comply with the Ag Code. He stood right in front of 50 or 60 people and
made the statement, no problem, this is the way we're going to do it; and if you don't like it, oh,
well. Now I had a real problem with that. And then, when the gentleman stood up and
threatened me with a ADA civil lawsuit and said, "Well, if you don't let us in, we're going to sue
you because you're discriminating against the handicapped, then I really had a big problem with
that.
And I can go on and on, but you're going to get to hear me in Hilo, so I will shut up, and let you
read the letter. I have safety issues, I have they're near the schools, the man offered to sell it
back at a profit in less than a year, the overcrowding, the houses don't even come close to being
able to comply, they don't have enough square footage, they knew right upfront and they
22
acknowledged that the CC&R's did not comply and as a builder and developer, the CC&R's
were civil legally binding contracts. And I don't know how the folks over here write legally
binding contracts but usually when they're done signed and signed up by the County and
accepted by the County, those CC&R's are usually in compliance. Well, now, we have a
company that wants to come in and route around the CC&R's and go around the compliance of a
CC&R, a legal binding contract. Any questions?
ALAMEDA: Any questions?
SIRACUSA: Are you going to pass that?
ALAMEDA: Seeing no further questions
WATANABE: Not of the applicant. I have a question for the Director.
ALAMEDA: Okay. Hold on now. I want to just thank our testifier for coming out
today, and I'm sure we'll see you in Hilo. Thank you, again, for your testimony, sir.
Commissioner Watanabe?
WATANABE: Yeah, and I'm wondering because they may have a point with the
CC&R's, not so much as a matter of saying that this particular, `cause they seem to be taking this
very personally as it's only directed to this one and just this one subdivision; and I don't believe
that was the intent. And, however, what I'm thinking is that the Association would, indeed, have
some enforcement rights through the CC&R's, through the court system, in spite of this proposed
amendment. What's your take on that?
YUEN: The enforcement of the covenants is a private matter to be taken to the
courts. The County does not enforce private covenants.
WATANABE: Yeah, I understand that. But what I'm saying is because the CC if they
really feel strongly the CC&R, say, prohibit this, they could in that case then take this through
the courts and see if the judge would agree with them. And, in spite of this, so this amendment
could go through, yeah, it could affect other areas that possibly don't have CC&R's, or where
there isn't as much hostility with the neighborhood, within the neighborhood; and for those areas
where they do have, well, they might have some recourse anyway through the court systems,
which wouldn't apply to anything that we're doing. But it could be a vehicle for them, available
vehicle for them to stop something like this?
YUEN: Right. You can have something that's permitted by the Zoning Code; and
if there's a covenant against it and if it is in other respects enforceable, then they can take it to a
private, to a court and get enforcement. The question of enforcements of covenants as a, one of,
yeah, there's a lot of reasons why we don't get into it. But I have to say that, number one, it's a
very much legal matter. The courts tend to look at the covenants very, as to draw them as
narrowly as possible, they give them as a narrow a scope as possible. Second, if the court finds
that there have been, that the covenant has generally not been enforced in the past, the court will
not enforce the covenant. And it's not possible for us to sit in the, typically in the Planning
23
Department and be able to answer those kinds of questions. But what you're saying is absolutely
correct in that just because the Zoning Code has been amended to allow something, if it does, in
fact, violates covenants and if those covenants are enforceable, the judge can say that
notwithstanding what the Zoning Code says it's not, the judge is not going to allow it.
PUBLIC: Mr. Chair, may I say something?
ALAMEDA: No, you may not. Sorry, your testimony is over. Once you give
testimony, see you in Hilo, once you give testimony, that's your chance. So you want to think
about all the
PUBLIC: All my comments
ALAMEDA: Yeah, I'm sorry. That's going to be out of order. I apologize for that, sir.
You may want to bring it up in Hilo's meeting, though. Commissioner Watanabe?
WATANABE: Oh, no follow-up. I just wanted to hopefully put on the record and point
out that, you know, in spite of this, the public, to some degree, does have recourse, assuming
they have, like in this case, a protective covenant.
ALAMEDA: Okay. Other comments? Okay. Moving forward, our next What's our
next step? Okay, so in terms of this particular agenda item, we'll revisit it at our next meeting in
Hilo or
YUEN: Just, Jeff McCall had a question I thought we
ALAMEDA: Okay.
YUEN: Just to briefly explain my own thinking on this. I always, I get to the, I
think ahead to the end result; and the end result I think as a community is that we want to have
facilities like this and we want to have them ultimately in residential areas. So the question is
what is the process? I have to say that I can't think of any reason why it would be better in one
neighborhood, if you look at the range of residential neighborhoods, why it would be better in
one neighborhood than another? I haven't heard any reason to tell me why it's worse to have
this in Keaau Ag Lots than in Paradise Park, or Piihonua, or Wainaku, or Kaumana. You
introduce a use permit process, for one thing you've been there. You can, a neighbor can request
a Contested Case Hearing. We have what typically involves attorneys. It can involve an appeal
to Circuit Court after a decision on the Contested Case Hearing. It has often been a process
that's, that even to get back to the Commission is nine months; and then the appeal to court can
be another nine months. You're introducing a process that makes it much more difficult to
establish these kinds of facilities. And I say I don't see, the objections that I hear from, apart
from the covenants which are a private matter and not something that we could consider, I don't
see a reason why you would say it's good in one kind of neighborhood and not good in any kind
of neighborhood.
ALAMEDA: Follow-up?
24
MCCALL: Yeah. I do in some ways I agree with you, but I do also feel that the
public should be involved in this. Because, otherwise, to me it is a taking, you know, of people's
property rights. And I, I don't know, I just feel that the public, I just, in my opinion, the public
should be involved; and, to me, that's one way to force these facilities to do a better job, that they
are not a detriment to the community but an asset. `Cause I think that can be done.
ALAMEDA: Mr. Torigoe, before I entertain further comments on this issue, it kind of
sounds like with Commissioner McCall's end statement that we might be moving into discussion
which may not be part of our protocol. How much more of a discussion should we entertain at
this point, given that they will be mentioned again in Hilo? `Cause we could start debating now
and, you know, take us to the end of the wee hours, but
TORIGOE: I don't think you want to do that but
WATANABE: You might be still here at the Hilo meeting.
TORIGOE: No, I mean, you're taking testimony; and you should be discussing the
merits on it if it's pertinent to the testimony. You know, you can discuss it as you go.
ALAMEDA: Okay. So if it's pertinent to the testimony, then we're in compliance with
our own procedures. And just to let the testifiers know again, once we allow even a remark from
one testifier, then we're going to have to open it up and allow everybody else that same time. So
just so you guys know I don't want to be mean, but that's the stuff, the protocol, so
Commissioner Siracusa?
SIRACUSA: I just want to say in relation to Commissioner McCall's comments about
involving community is that if you're trying to bring these people back into the mainstream of
society, bringing them back into community and that's the reason why you choose this kind of
homes in residential areas, then you can't expect the community to accept them if you don't do
the initial outreach to the community and try to make that happen. It appears that Marimed has
not done this. We had a situation with, is it Waters of Life Charter Schools? So it is coming in
and not outreaching to the community first, just jumping in. And we've seen this before, and it
seems that these people are going about it backwards where they should really be going and
learning a community maybe calling some town meetings, or, you know, putting out what they
want to do and put out some feelers and let people know, let the community know what they
want to do and why; how important it is and what the advantages are to the community, what the
drawbacks might be, you know, have an open process. And whenever you don't have that, no
matter how good the program is going to be, you're going to have people who are suspicious
simply because they feel that they've been left out of the process; and that's no way to generate
trust and community cohesion and bring people back into community. It's a way to push the
community away from these people; and I think that's counter-productive.
ALAMEDA: Commissioner Graham?
25
GRAHAM: Like Commissioner Watanabe, I'm going to almost for sure be missing the
next Hilo meeting so I might just toss my comments now. In general, I feel very much like
Commissioner McCall. To me, to do this is to take the public out of the process; and I don't do
that lightly. And the Planning Director's comment a few minutes ago that he thought, you know,
that there are places where it's appropriate and in places where it's inappropriate, I don't think
he's correct on that. And evidence to me is like fairly close to where I live in North Kohala there
is a residential living facility for people who are recently out of drug programs and that house is
also in an ag district. There are nearby residences, maybe not so much as Keaau, but it operates
well. I don't think there are any problems with the community. It has been there for a number of
years, it's fine; and, obviously, the one in Keaau or Papaaloa is not fine given by what we see is
going on. So I think it is location specific. It may be good or it may not be good depending
where.
ALAMEDA: Any other comments to put on the table now before we sign out for today?
Are we due for a continuance?
MCCALL: Do we just continue? We need to move or
ALAMEDA: Yes. We don't need to make a motion to continue this for, it's already
continued, right?
TORIGOE: I think it's being scheduled. But if you want to just see if there's any
objections to continuing this and if there's none, then that'll be it.
ALAMEDA: Is there any objection to continuing this to the Hilo meeting? Seeing none,
so noted. All right, thank you, our citizens of the Big Island, for showing up today. Appreciate
your patience and your testimony.
The discussion ended at 5:30 p.m.
Respectfully submitted,
"\A . A'ay'.-N V-~
Sharon M. Nomura, Secretary
26
_ _ _ - YYrIYYYYYYIYYYI~Y
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
SEPTEMBER 7, 2006
A regularly advertised hearing on the PLANNING DIRECTOR'S PROPOSED
AMENDMENT TO CHAPTER 25, ZONING CODE was called to order at 11:30 a.m. in the
County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with
Chairman C. Kimo Alameda presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Fred Galdones
Andrew Iwashita Bill Graham
Jeffrey McCall Rodney Watanabe
Alvin Rho
Allen Salavea
Rene' Siracusa
Ivan Torigoe, Deputy Corporation Counsel
Brad Kurokawa, Deputy Planning Director (from 11:30 a.m. to 1:30 p.m.)
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 43 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code), Article 1, Section 25-1-5(b) of the Hawaii County
Code 1983 (2005 Edition, as amended), by amending the definition of "family" to read as
follows:
"Family" means an individual or two or more persons related by blood, state-sanctioned
adoption, foster parentage, guardianship or marriage, or a group of not more than five
unrelated persons (excluding servants), occupying a dwelling unit. The term includes
individuals in larger group living situations described as group living facilities and family
child care homes[.] and a group of not more than eight unrelated Persons, plus any
program staff, living in a facility licensed by the department of health.
ALAMEDA: Next on the agenda is Planning Director's proposed amendment to
Chapter 25 (Zoning Code), Article 1, Section 25-1-5(b) of the Hawaii County Code 1983 (2005
Edition, as amended), by amending the definition of "family."
Okay, we'd like to make this as painless and as comfortable as possible for you guys. We really
appreciate public testimony. That helps us to make a decision and to give us all the views
necessary. So, also, note that with this particular agenda item, all we're doing as a Planning
Commission is making a recommendation to the County Council. So you have another
opportunity to testify again, if you so wish. We have a lot of testifiers today, as you can see; and,
1
so I will ask that you be real specific in your testimony. We have a lot of letters so I'm going ask
that you don't read your letter, `cause we've already read it; but just speak from your heart and in
a concise, as concise as possible, and try not to go off on tangents. If you do, please respect my
non-verbal time-out. I'll bring you right back so we can stay on track. And, also, if you can
limit it to about three minutes, that way we'll get everybody out of here before dark. So, with
that, let me take a five-minute recess to just make sure that we get all the testifiers on paper; and
if there's no objection to that, I'd like to do that at this time. Seeing none, five-minute recess.
RECESSED The Chair called a short recess at 11:26 a.m.
RECONVENED The meeting reconvened at 11:31 p.m.
ALAMEDA: Okay. So it's little over 11:30 right now and I have a proposal. We have
over 27 testifiers and I just wanted to get permission from my fellow Commissioners that I
wanted to just hear it all and whenever we end, then we can take lunch. Any objection to that
or-? Might be dinner but-. So is there any objection to that? `Cause I want to make sure that
we honor the folks that are here today. Some of you took off from work and we don't want to
keep you guys any longer than you need to be. So thank you guys for coming. So we'll just
push on through.
Agenda Item No. 6, says, "Initiated: Planning Director" Staff?
DARROW: Thank you, Mr. Chairman. At our last Planning Commission meeting, we
had testimony in regards to this initiative that has been initiated by the Director. I'd like to just
do a little house-cleaning. We've submitted to the Commissioners a new second revised
Background and Recommendation. It has been distributed to the Commission. I'll go more into
this in a second.
Mr. Chairman and Commissioners this hearing was continued from the last Planning
Commission meeting in Kona on August 25, 2006 where the Commission heard numerous
testimony from the public. Additionally, since our hearing, we've received numerous letters, and
those have all been passed out to the Commissioners. This morning we have received one letter
from Day-Lum Rentals, and I believe the Commissioners have gotten a copy from them.
If it's okay with the Commission, I'm just going to do a short presentation, just reading a short
excerpt from the Revised Background so that way we can kind of be on the same page here.
ALAMEDA: Sure, Mr. Darrow. Go ahead.
DARROW: Thank you. The Planning Director is initiating an amendment to the
definition of "family" in the County of Hawaii Zoning Code. The amendment will address
group living facility-type programs that will operate within a single-family dwelling which are
licensed and regulated by the Department of Health. The amendment will allow up to eight
residents plus any program staff in a group home licensed or certified by the Department of
Health. Presently, group homes are limited to five unrelated persons unless they fall under
exemptions allowed by the Zoning Code and state law. Within the State Land Use Agricultural
District a special permit can be applied for to increase the amount beyond five unrelated persons.
These group living programs are meant to be non-institutional and are designed to be operated
2
within a single-family dwelling. They are low-impact type facilities that are licensed and
regulated by the Department of Health-Office of Health Care Assurance Division for compliance
with the Department of Health rules that are applicable for each type of facility.
The Planning Director believes that these facilities are accessory to the single-family dwelling
and that they provide valuable services to residential communities for disabled persons needing
treatment. It is proposed that these group living facilities would be allowed to operate within the
State Land Use Urban District with up to eight residents plus live-in staff because they are
regulated and licensed or certified by the Department of Health. This would also include
facilities that are located within the State Land Use Agricultural District on lots where single-
family dwellings are allowed, which are those lots created before June 4, 1976 or on lots created
after June 4, 1976, as long as the home is also used as a farm dwelling.
The definition of "family" within the County of Hawai' i Zoning Code is presently defined as "an
individual of two or more persons related by blood, state-sanctioned adoption, foster parentage,
guardianship or marriage, or a group of not more than five unrelated persons (excluding
servants), occupying a dwelling unit." The term includes individuals in larger group living
situations described as group living facilities and family child care homes.
The Planning Director is proposing to add the phrase, "and a group of not more than eight
unrelated persons, plus any program staff, living in a facility licensed or certified by the
Department of Health" to achieve the purpose of the amendment. Besides Hawaii County, other
counties have adopted similar language to their definition of "family" addressing group living or
residential facilities licensed by the State, including the City and County of Honolulu and Maui
County. There may be legal problems if Hawaii County does not do something to make it easier
to establish group homes. The Federal Fair Housing Law prohibits discrimination against people
with disabilities. Most of these group homes serve people with disabilities and the courts have
ruled that such people have special need for group homes. Local governments must make
reasonable accommodations so that such group homes can be established. A limit such as the
five unrelated persons rule in the current Hawaii County Zoning Code can be struck down by
the court if the court finds that it has the effect of limiting group homes and that increasing the
number of persons allowed would be a reasonable accommodation.
For reasons presented above, the Planning Director is initiating his amendment to the Zoning
Code and recommends approval of the change by the Planning Commission and the Hawaii
County Council. Are there any questions?
ALAMEDA: Any questions for Mr. Darrow? Also, I'd like to acknowledge to my
immediate right, Mr. Kurokawa, who's our Deputy Director. He'll be sitting in for Chris today,
Chris Yuen. Any questions for Mr. Darrow? Seeing none, we can go right into testimony then?
I was wondering, staff, could we have another chair so I could call five up together at once?
Okay. We have a Dan Landis, Hiroshi Kozohara, Bernie Miranda, Eric Carter and Billy Kenoi.
Please come forward. Good morning, thanks for coming. Could I swear you all in at the same
time. Please raise your right hand. Do you swear or affirm to tell the truth now before the
Hawaii County Planning Commission?
TESTIFIERS: Yes.
3
ALAMEDA: Thank you very much. Could you please state your name and address for
the record, starting from my immediate left?
LANDIS: Hello, Mr. Chairman. My name is Dan Landis. I live at 17-123 Palula
Place in the Keaau Ag Lots.
ALAMEDA: Could you just pass the mike down and get everybody on record for name
and address?
KOZOHARA: Hiroshi Kozohara at 17-329 Palaai Street, Keaau Ag Lots.
ALAMEDA: Thank you.
KENOI: Aloha, Mr. Chairman. Billy Kenoi. I reside in Hawaiian Paradise Park on
Kaloli.
ALAMEDA: Thank you.
CARTER: Eric Carter, 17-209 Meaulu Street in the Keaau Ag Lots.
ALAMEDA: Thank you.
MIRANDA: Bernie Miranda, Mililani, Hawaii, Oahu.
ALAMEDA: Thank you. All right. Let's start up with Mr. Landis. Again, let me just
remind you, I believe we did get your letter and we did hear you at the last meeting in Kona, so if
you could keep your testimony concise and to the point.
LANDIS: Oh, gee. You ought to know better than that, I'm a college professor. No,
but seriously I will try to keep it brief. I have a much longer statement. I'll be glad to give it to
you afterward `cause I approached this as a, the only way I know how to approach a situation
like this as a social researcher of some 40 years of experience. And I went back through the
literature to see how it is we get to this point where we have what has been called in the literature
"aggressive autonomy" as a technique for citing these kinds of homes. And it's a fascinating
literature `cause it involves the Fair Housing Act, it involves a lot of things, a lot of acronyms
like "nimby" and "news" and "slap," "slapping," "strategic lawsuits" to "against public
participation." I think you might find that kind of intriguing when you look at it. But I'm going
to jump that history and go to the instant proposal that has been made, which I consider a very
unwise proposal.
Aside from the unnecessary verbiage which is included in the proposal, most of which isn't
really relevant, the Director's argument boils down to four points, if I may.
Number one, they are low impact. Impact level is, of course, in the eye of the beholder. But
should a property have, for example, two houses that, for example, in the case of an ohana, we
move from 10 under the current rules to now 16 plus. Without a definition of, and in my view
that's certainly not impact. But now, you've got something like 20 or more people going in and
out of the property. Without a definition of impact, it's hard to see how this argument can be
4
made. Because such a definition reasonably would include things like noise level, traffic,
number of visitors, number of police calls, etc. And simply asserting something that is low
impact doesn't make it so.
The second point: "that are licensed and regulated by the Department of Health." If you look at
the documents that are attached, the nice thick 40-some odd pages that were attached to the
Background, it shows that they deal primarily with the physical aspects and the number of toilets
in the house, number of square footage, etc. And while an annual evaluation plan is required for
STF-type houses, no provision is made for review by interested members of the community,
which would seem appropriate for some local involvement in deciding if a group home is
meeting some sort of reasonable objectives in terms of client improvement. In the case drug
rehabilitation, close monitoring of clients for at least a year past discharge would seem to be a
reasonable minimum since the literature indicates that if they're going to go back on drugs,
they're going to go back at about eight months post discharge. Recent findings of forged and
highly selective research results in otherwise highly reputable laboratories should make us
vigilant to the possibility that a similar phenomena may infect human service providers. Local
community members may be in a good position to test the validity of the evaluation results. The
delegating of such an important responsibility to a remote agency would not seem to argue for
approval of the Director's recommended changes. Further, suppose there are difficulties in the
operation of the home that are clearly apparent to the neighbors. To whom do they voice their
concerns when the operator seems deaf? To whom, would they not be better to have a
mechanism for local response to such issues?
Third point, what I call the Lemming and the magical number eight argument. "Honolulu and
Maui allow up to eight residents so let's join the bandwagon." How many times have we told
our children, something like, "If Jack jumps off a bridge should you do it also?" There's nothing
magical about the number eight. There's no evidence that program goals will be accomplished
better with eight residents than with five. Indeed, what evidence there is suggests that smaller is
better. In any case, the reason why the operators have requested an increase is not that they will
be more effective, but it is the only way that they can meet their overhead expenses. Mrs.
McIntosh in a letter prepared for the Kona meeting, in effect, admits that as much when she said
in her letter to the Commission, "It is impossible to operate this home with this limited (i.e., five)
number of occupants." No reason is given as to why it would be impossible. It's also interesting
to note that in the same letter she wants eight to be the lower number, not the maximum. The
reason may be that it is in the Department of Health's best interest to increase the number of
clients being served in a single facility since it would allow limited funds to be more efficiently
used. Increasing the size of a "family" means that the overhead cost (which form part of the per-
client allocation and include such items as rent, mortgage service, staff costs, administrative
expenses, and other indirect costs) can be reduced when compared with a smaller set of
"families" having to reside in more locations.
And the last point I want to make is what I call the son of SLAPP argument, slapping, strategic
lawsuits against public participation. The Director seems to believe that the limit of five
unrelated persons is so onerous that it would be seen by the courts as an "unreasonable"
restriction on the rights of the handicapped to live in residential neighborhoods. The fear here is
that the operator, acting for a disabled person or persons, will file suit against the County. The
argument would have force if it could be shown that a) there is no procedure for increasing the
limit or b) if there is a procedure, its invocation inevitably results in denial. Neither aspect is
5
true: an operator may apply for a special use permit to allow an increase to any number of
clients and, I suspect, that when this has occurred it is more often than not been approved.
Clearly, the present process works. To grate the teeth of an old saw, "If it ain't broke, don't fix
it." If you increase the number to eight, how long will it be before some operator files suit to
increase the number to ten, twelve, fourteen, or some even greater number arguing that eight is
now "onerous?" As a harbinger of things to come, an operator has already threatened a suit
against the Homeowners' Association if the owners persist in opposing the siting of a drug
treatment group home in their development. In fact, that threat was made at the very first
meeting of the operator and the owners.
My recommendation is similar, is simple: operators who wish to place more than five unrelated
residents in a house should use the process now available to them. This would allow
neighborhood residents to have their views respected and integrated into the decision-making
process on a case-by-case basis. Nobody is asking for a veto power, only to not be stereotyped
as some wild-eye people pushing the disabled back into the snake pits. While we might like the
definition of the family to be restricted to people related by blood, marriage, adoption or "hanai,"
we recognize that the "horse left the barn a long time ago." However, we can ask that the local
government prevent the neighborhoods from becoming stables with consequent negative effects
on the quality of life. Let me be clear: We want to work with you and the Planning Department
to support operators who are truly interested in client improvement and who forego aggressive
autonomy as a siting strategy while at the same time weeding out those whose motivation is
primarily pecuniary, something the Department of Health seems either unable or unwilling to
accomplish.
Thank you for allowing me to express my opinion on this proposal. I hope you will now send it
back to the Planning Department with a clear and unequivocal denial. Thank you.
ALAMEDA: Thank you, Mr. Landis. Any questions for the testifier? Seeing none,
Mr. Landis, you may be seated. Mr. Hayashi, would you please give me that timer? Just so I
can kind of be aware of our time. I'm just trying to calculate the minutes. If we go five minutes
times 34, we'll be out of You had the privilege because you were the first to sign up so
Okay. Mr. Kozohara, go ahead.
KOZOHARA: Yes, I'd like to approach this, of course, I'm against the amendment. And,
first of all, wife and I grew up in, well, it was Kurtistown and Olaa before, now it's known as
Keaau; and we grew up in a very plantation camp atmosphere. This is in the 40's and 50's. And
I think the major unifying thing about these camps where that we were all related. They had
three generations in many of the homes, and these were families. We had lots of trust, it was
very safe to live in the neighborhood. And, of course, we graduated from Hilo High School, and
on to work on Oahu, spent about 45 years away and retired back here, again, looking for some
sense of stability and safety, which I think it's important. Because we're retired and, but I guess
the intrusion of increasing unrelated families to eight per unit, it's a little scary for us. I think,
first of all, you're looking at ohana units that, I haven't measured it, but being from a real estate
lending background about 20 years living on Oahu, the units look like they are about 1,000 to
1,200 square feet; and to have over eight people I think that's almost getting into encouraging a
ghetto-like atmosphere in the community. I think it's a, I don't think we want that. And, also,
looking at the Keaau Ag Lots, it's one of the larger subdivisions or largest subdivision in East
Hawaii and it has the most ohana units. So you're looking at further, I think, people coming in,
6
these are business enterprises. I don't care what they say, it's going to be for depressed
politicians or recovering alcoholics. I mean, they're going to look at it as cash cows now. You
know, we can rent now two units and they get $2,000. They can do it for the Board of Health
and pick up all these misfits, or whatever you call `em, you know, that need help, and you're
looking at maybe $5- to $10,000 per month coming in. It's disastrous coming up.
And, also, I think Mr. Igawa wrote a letter to the Editor regarding values. I think you definitely
see declining values. I think if you are from Oahu, which I spent a lot of time in, the areas of
Kahala, Waialae Iki, Hawaii Loa, Hawaii Kai, Mililani, they don't have a lot of, you know,
runaway facilities, drug therapy, alcoholic reform or rehab. I mean, these areas hold their values.
And being retired, I mean, we want our values to be held because we're not speculators, we
didn't buy low and sell high. That's not our motivation. We're looking at our homes to be kind
of a safety-net. As we get older, if we meet up with medical catastrophe, then we have
something to go back to. And I thank you.
ALAMEDA: Thank you, Mr. Kozohara. Any questions? You may be seated,
Mr. Kozohara. Billy Kenoi?
KENOI: Aloha, thank you. Thank you, Mr. Chairman, Members of the Planning
Commission. I'm here to speak wholeheartedly in support of this amendment. This amendment
was proposed as a way by Department of Health and the State of Hawaii; however, the counties
got together and tried to figure out a way to update our Code. There's a basis that five people,
unrelated persons, is not feasible. As was mentioned by the previous speakers, eight unrelated
persons exist in the Code in both Maui County and Hawaii County; and this amendment was
proposed by the Planning Director without regard to specific service providers or geographic
location years ago. I mean, if I may briefly, I know I've got a couple of minutes but the reason
we proposed this amendment and we've been looking at it for years is because Hawaii Island, as
we all know, has experienced a dramatic increase in some of the problems facing our
community. And what we were doing was sending away adult men and women, as well as our
adolescents, our children, to other islands to get help, to get treatment.
These types of programs we need to encourage in our communities, in our island home, so that
we can serve our island residents and our island youth here on our island. I think it's
unconscionable to talk about helping those in our community most in need of help and at the
same time saying we'd like to help them but somewhere else, let's ship them to Oahu and Maui
where programs already exist for them. We live on a 4,028 square mile island, we have
geographical as well as transportation challenges. I don't think any community can say not here
but there. We need programs and group homes in every community on our island. You know,
we talk about the syndrome of "Not in my back yard." Yes we're for helping our kids, yes we're
for rehabilitation, treatment and therapeutic living, just not here. I think the problems exist in
our front yard so we cannot excuse it by saying, "not in my back yard."
We are for the amendment because every program that comes forward will always be challenged
by local neighborhoods. A therapeutic living program in Kohala four years ago, vigorous and
vociferous opposition from the community; and these are treating people in our own community
from Kohala and Waimea. They've been in operation for years. Everything was fine. A group
living home for women suffering from substance abuse and domestic violence, opposition in
Kailua, vandalism, you know, dramatic opposition; it's working fine. We see it everywhere we
7
go. To think that just because there's a process to review applications that everything is fine, I
don't think that's going to work. It's unrealistic to think that there's going to be communities
that say, "Eh, that's a great idea, let's have it here."
But we're talking, we're not talking about institutions and we're not talking about large-scale
facilities. We're talking about group homes, you know. And the only way we're going to heal
our island, and which is what we're trying to do We're not trying to send our problems
elsewhere, we're trying to take care of it here. It's the same with prisons, we want to ship away
our prisoners, out of sight, out of mind. Ninety-five percent of them are coming back and
returning directly to our community. The threat isn't from those getting help and getting
treatment, the threats are those from still in our communities not in a group home, not getting
treatment.
You know, there's a concept in Hawaii we call malama kekahi kekahi. It means to take care of
our own. And that's what we need to do. If we don't help our kids who need substance abuse
residential treatment in a community-based setting, then we're setting them up to ship them away
later as adults because they didn't get the help they needed. So I just respectfully request that the
Commission support the amendment as proposed by the Planning Director. It's not for a specific
program, not for a specific geographical location, but merely to help those on our island that
need it. Mahalo.
ALAMEDA: Thank you, Mr. Kenoi. Any questions for Mr. Kenoi? Commissioner
Siracusa?
SIRACUSA: Yes. Are you speaking today to us as an individual or as the Mayor's
representative?
KENOI: I am speaking today as Billy Kenoi. The Mayor is not here. I told Chris
that I would speak. I just talked about it, I reviewed this with the Mayor, the Mayor is also very
concerned about this issue. And he is balancing the interest of the community and wants to
mitigate impacts of homeless people in communities. But he wholeheartedly supports the
concept of group homes in the community. What I said is from my heart and my experience as
an Executive Assistant with the County of Hawaii. Okay.
ALAMEDA: Commissioner Iwashita?
IWASHITA: Thank you. Good morning, Billy, or afternoon, I guess. Thanks for
coming. Going through all of this, I guess my, one of the things I'm thinking about, I'd like your
input on, you know, this whole nimby thing. There's, one of the good things is people come out,
you know, it's these kinds of things. That's why I say, you know, when we do our, eventually,
our Community Development Plans, we've got to tell everybody that one of things they have to
decide is where they want to put the prison. `Cause when we have a half a million living here,
we're going to need one prison, right? So you want them in Keaau, or you want them in Kona,
or where you want them, where you want them, right? And, guarantee, they would come out.
We can fill the Civic, I think, with that kind of agenda. But, I guess, my concern is that this
proposal, you know, it's a regulatory proposal, right? And it's basically coming from the top
down saying this is how we want to implement it. And there are obviously, you know, concerns
in the community about now if we pass it, then basically DOH, some place out in State
8
bureaucracy, is supposed to make sure that the thing works. Because the counties, if we pass
this, as long as they do the DOH thing and DOH, you know, then if there are any problems, it's
DOH kind of thing. Right? And, you know, DOH messed up mental health care for the kids in
our schools so we have the Felix Consent Decree. You know, it took the Federal District Court
order, right, to reel in the Department of Health so that we could have, you know, and we do
need effective, you know, treatment and care, counseling for our kids in schools, for all the
reasons you just stated. So that's my main concern, is that this is sort of a roundabout way, right,
to get to where we all want to be. We want to have the most and most effective therapeutic
homes and therapy, or however it's going to be delivered those services for our kids and the
adults who need the care. I just don't think right now, I'm not convinced that this change in
regulation, right, is the best way to go. So, you know, I'd like my message, and my message to
you as the
KENOI: What was the question?
IWASHITA: Well, I just, that's my idea. I thought, you know, you smart guy, you
probably have your comments to that. But before you do that my message, if you can be a
message-bearer back to the Mayor, tell him please push the Council to do the Community
Development Plans. Because these kind of issues, really, these specific kinds of issues, right, in
each community, whether it's Keaau, Hilo, Honokaa, you know, Kailua, Honaunau, wherever,
right, we all, as a community have to deal with these issues. And, to me, when you take it to the
community, in the Community Development Plan process And if we do it all at once, not like
now, we're doing North Kona, South Kona, South Kohala, Puna a little bit, right If we
continue to do the Community Development Plan process in a disjointed partial way, then, you
know, Kona is going say, "Eh, we no like the prison over here." They're not going plan for one
prison, I guarantee you that. Right? Puna is not going to plan for one prison in their community,
right? And they're not going to be making plans for these kinds of needs necessarily, you know,
And so it really needs to be done in a coordinated island-wide way, and we can do it in the next
couple of years. And, so, instead of dealing with these kinds of issues that need to be dealt with,
you know, we definitely need to do this as fast as this community is growing, talking about the
whole island. Right? The Community Development Plan process, if the Mayor would please
push that with the Council and tell them to get it going, put up the one or two or three million
dollars, whatever it is, and take the next couple of years. Right? Let's get it done, then we can
deal with this, you know, in a more cohesive, intelligent way. That, to me, will be more effective
and which we would have a control over as a community, not give it up to Department of Health.
Department of Health who does have its role
ALAMEDA: Commissioner Iwashita, I have to stop you.
IWASHITA: The three minutes are part of me?
ALAMEDA: The three minutes You know why, you're kind of going into testimony.
IWASHITA: I understand, I understand.
ALAMEDA: And our testifiers are really not here to hear statements on our part but
more to
9
IWASHTIA: But Billy is special.
KENOI: I can give you my number. You can call me up. We can set up one
meeting. I'd be happy to go over this with you, Mr. Iwashita.
IWASHITA: I know your number. Okay. I would like to get your input about that, you
know, this top-down kind of concern.
KENOI: Okay. If I may, Mr. Chairman?
ALAMEDA: Sure.
KENOI: I believe there are two questions I was able to discern from that. One is
the question of Department of Health and their ability; and, two, is the issue of homes in our
community being part of the plan if this is, and whether this amendment is kind of not well
thought out and not part of a strategic effort. If I may start there first, this amendment was,
Director Chris Yuen would admit, and has admitted, that this is about timing. We were planning
to do this years ago. This is something that we've been talking about for four or five years.
When you talk about as our community grows there's going to be great need, there's great need
now. There's great need now. We're sending 200 of our youth off-island for decades and they
come back worse than when we sent them; and we act confused. How are our kids getting
worse? We're sending them away without family, without support, out of their community,
away from their schools, away from everything they've known their entire lives, and they come
back home worse. Why is that? The document and the research show because people need to be
treated, healed within their own communities. So the therapeutic living programs, adults who
needed treatment, shouldn't go off-island, same thing, away from friends. So we act like these
people who are getting help are from somewhere else when they also were born and raised here.
And it's our obligation and responsibility to do whatever we can to help them within our own
communities.
These group homes, like you said, need to be in every community. If this amendment happened
four years ago and Marimed wasn't in Keaau Ag Lots, this wouldn't have opposition. But
Marimed went to Keaau Ag Lots, there is the opposition; and the timing of this amendment looks
like it's for a specific program and a specific geographic location; and that's the breaks on our
part, was just bad timing. Because the issue of having eight unrelated persons is an effective
way to treat community-based therapeutic living programs statewide, Department of Health said
that. So with regards to need, the need is overwhelming. No matter how many group homes we
are able to get Federal, State funding for and get programs to actually come here, we'll still be
behind. We're never going to catch up. So the fact of need I think is overwhelming.
Two, Department of Health certification. The Department of Health I believe regulates homes
both through Alcohol, Drug Abuse Division or ADAD, as well as CAMHD, Child and Mental
Health Division. They go through a rigorous inspection process. They're monitoring not only
effectiveness of these group homes, but also the livability, the operation, the implementation and
meeting measurable outcomes, are they doing the job they're contracted to do. So if you ask me
do I have faith in the Department of Health in effectively regulating group home programs on
Hawai' i Island? Yes, I do. Felix Consent Decree was a statewide federal consent decree
regarding special education that involved the Department of Health and Department of
10
Education; and that was a statewide program and we're all very familiar with that. I don't think
because of that I would lose any faith in the Department of Health effectively regulating these
group homes.
So, one, the need is there; two, I have faith in the Department of Health, and it's not some willy-
nilly proposal that takes it out of the hand of the community. In fact, most programs in Kohala
and BISAC, Marimed in Papaaloa, they have a Community Advisory Board. People from the
community sit on the Board, meet regularly and talk about progress and updates. In Puailani,
Inc., a dual diagnosis mental health facility in Kailua-Kona, the people, it wasn't just substance
abuse, it was actually mental illness as well. And people were like, whoa, you know, not just
jobs but crazy, too; and it's this fear, the unknown. But nobody talks about the people using
drugs that are down the street. They only worry about the people who are trying to get help.
And, actually, we're talking about if you look at group homes statewide on other islands and in
our community, they're okay. They say they're good neighbors, just like any other neighbor;
and that's what this is, not an institution, not a facility but a home.
ALAMEDA: Thank you, Mr. Kenoi. Seeing no further questions, you may be seated.
KENOL• Thank you.
ALAMEDA: Mahalo. Mr. Eric Carter?
CARTER: Good afternoon. I testified in Kona. I was going to talk about the change
in the proposed amendment that popped up earlier. As one who, I started kindergarten in
Honolulu right after statehood, and I worked on Maui in high school 35 years ago and the
observatory in Haleakala. And now I cringe when I visit Honolulu and, to a lesser extent, Maui.
And as Commissioner Iwashita eloquently said on another issue, I don't know if we want to
follow those two counties' paths in planning or lack thereof.
And as an anecdote, I wasn't going to say this, but after my previous testimony, I was at a
potluck a week ago Sunday sitting at a table and a friend who is trying to get shelters built for
hurricanes, he went to help out the Katrina in the Gulf Coast, he asked, "Oh, how's that thing
going in your subdivision with the Marimed issue?" And I started talking about it a little, and
then another guy sitting next to me said, "Oh," he said, "A very good friend of mine was a
registered nurse. She worked at Marimed up in Papaaloa. She said the place was a nightmare,
disaster, said the kids were in some big barn-like building with a lot of bunk beds; it was filthy,
things were very bad. She felt her license and career were on the line. She quit and went, left
the island." Just as a little aside, that happened.
This morning, I received a statement here from Ron Schumaker, who is the president of the
Association of Keaau Ag Lots. And if I may, I'd just like to read his little short statement here
since he couldn't be here due to understaffing at his government job. "As I understand it, the
proposed change to the definition of a family is a request from the Department of Health. I
believe the underlining reason is evident, but so be it. With all the added Department of Health
attachments to the Code, the forms, procedures, etc., are these attachments ever going to be
revised? If they are revised, does that mean the Code, with all the attachments, must be revised
as well? Same question if new requirements are added to the Department of Health's procedure
to license the various programs. Sounds like a never ending circle of paperwork, hearings,
11
meetings, whatever. If the proposed change is to save entities from processing extra paperwork,
I think it is foolhardy and tantamount to shooting oneself in the foot. Not only would the County
be giving up all control of the Department of Health, it will be controlled from an entirely
different county and would apply to not only current but also to all future programs licensed by
the Department of Health. On the surface, the proposed change gives the impression that
currently these programs can only operate with a maximum of five in a family. As I understand
it, this is not true. Currently, occupancy is determined by the number of rooms and square
footage in a facility. A special permit with the proper paperwork may be requested to increase
the number in a program's family. To say all the other islands have implemented the proposed
change reminds me of lemmings running off a cliff. The Big Island is not like all the other
islands. Let us keep it that way. There is no sense in adding on to something that already works
just fine. Leave well enough all alone. I strongly suggest the Commission not approve the
proposed change to the definition of a "family." That's it.
ALAMEDA: Thank you, Mr. Carter. Any questions? Seeing none, you may be seated.
Ms. Bernie Miranda?
MIRANDA: Thank you. Thank you, Mr. Chair and Members of the Planning
Commission. I don't represent the entire Department of Health but I do represent the Adult
Mental Health Division; and I am in support of this amendment to the definition of "family."
The Adult Mental Health Division has been providing housing for people with disabilities close
to 20 years. This is not something new. We have established group homes throughout all of the
counties in innovated communities; and I would like to say we do have a house in Hawaii Kai
and we do have a house in Mililani. And the purpose of that is because our folks have to return
to the communities that they come from; and that was the whole idea of the development of the
housing program, so that our children, so that our families could come back home. You know,
the people that we serve are probably the poorest people because they get Federal subsidies.
These subsidies do not allow for them to go out and rent houses in this competitive housing
market. So the end result is these people end up homeless. These people homeless cost the State
and the counties tremendous amounts of money. These are the people that end up in the
emergency rooms, these are the people that end up in jails, these are the people that end up on
the streets causing havoc to the neighbors. So this is not good.
We contract, we have over 1,700 units throughout the State of Hawaii in, as I said, in integrated
neighborhoods. We contract with housing providers throughout the State. We have housing
developers as part of our housing providers. Our housing developers have gone out and brought
into the State of Hawaii HUD subsidies totaling over $30 million. That is a lot of money for
subsidized housing. You and I both know that the State cannot provide subsidized housing.
Look at the affordability of housing, look at the housing market now. This is a great opportunity
to have housing developers go out and solicit funds. Right now our housing developers aren't
subsidizing with HUD funds. They're able to purchase homes. They're purchasing larger
homes. Some of our rooms are vacant because of the zoning on the island of Hawai' i.
Having up to eight people in a home, we're not stockpiling. We're very cognizant of placing our
folks in healthy, safe and decent environments. Our housing program ranks 121h in the nation.
That's pretty remarkable. Our homes are certified, the homes that have treatment on site are
required to be licensed. Those are very stringent requirements of the County and of the State.
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So I want you to know, I mean, and I ask you to please support this amendment because it'll only
benefit the consumers, people with disability on the island of Hawaii. Thank you.
ALAMEDA: Thank you, Ms. Miranda. Any questions? Commissioner Salavea?
SALAVEA: Thank you, Mr. Chair. Thank you. Is it Dr. Miranda?
MIRANDA: No. Bernie Miranda.
SALAVEA: All right. Thank you, Bernie. Can you give us an example of what,
you've heard some of the testimony and we've had previous testimony in Kona about how a
service provider is not integrating well or working well with the community that it has come
into. Can you give us an example of what measures the Department of Health can institute
towards a service provider that is having a difficult time integrating?
MIRANDA: We try very hard. We have to follow the Fair Housing Law, so it's kind of
a, you know, we have to be very cognizant of that. But we try very hard to be good neighbors
and good tenants; and so we try to work with the communities. We can't red tag the houses
because, you know, I'm saying, our folks, our people with disabilities, are protected by Fair
Housing Laws. They're a protected class of folks. So just like you wouldn't, you know, say,
have a meeting, you know If a particular family was moving into the neighborhood, you
certainly can't have a meeting unless it's a licensed home, if you're opening up a regular group
home that might be certified. But we still, in spite of that, try to work with the neighbors and try
to get them, be attentive to their concerns, because I think that's really important. To be good
neighbors you have to sometimes, even you're walking on the edge of the law. You have to try
to work with people, you know, so that people are more open to having you as a neighbor.
ALAMEDA: Mr. Salavea, follow-up?
SALAVEA: Thank you, Mr. Chair. So in your experience, you've seen homes that, or
you've seen I guess both types of cases where, you know, maybe a home gets opened in a
community and, you know, right off the bat it's smooth, it runs well, things are all right; and then
maybe the other extreme of that scale would be something where there's a lot of community
opposition, people, you know, or the community opposed to it. I'm trying to look for a
percentage or how often is it good or bad, I mean, is it more on the side where it takes time to
establish that repertoire between the service provider and the community?
MIRANDA: We've had homes that have opened up in communities where the
communities were very supportive right off the bat. And we have had our challenges, and I'll
give you an example. Right here in Hilo when we opened up the licensed Crises Residential
Shelter on Apoki Street, it was very difficult for the neighbors initially, and rightfully so, because
of what was perpetuated in the media about people with mental illness. I mean, it's always like
killers on the loose, or that, you know, they're going to come and terrorize the neighborhood,
there's going to be traffic problems, etc., etc., etc. And, so we had a, because it was a licensed
facility, we had a meeting with the neighbors, and invited the neighbors to come to the house,
and we had a little potluck; and they came en mass to the house. It kind of, this is kind of
interesting, they kind of all grouped at the mailbox, and then they all came down the hill
together. And we talked and they talked; and there was a lot of anger; and they stated their
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concerns. And, but this didn't stop us. We opened up the house; and today the neighbors get
along very well with that program. In fact, the next door neighbor had a big issue with violence
in the family and they, all of the focus then went into that house, so people became very
appreciative of the licensed Crises Residential Shelter there. And, today, they just, they workout
very, very well. And people went door-to-door, and they talked to the neighbors, and they
explained what the program was about; and people buy into it.
The people in Hawaii are very, very compassionate people. They are, once they understand and
the fears are addressed and they're comfortable, they realize that this is their own people, this is
us, this is our own folks here from the island. And, so, they make that extra, they take that extra
step, and they're very understanding, and they're very supportive.
The other thing that the neighbors really, really appreciate is that when they run into problems
that they have someone to call. And if someone is living in a situation that doesn't work out, that
person can be removed from that living situation into something a little bit more secure if that's
what they need. This doesn't happen in other houses in our community. It doesn't happen with
my neighbors, but it happens in our homes. And part of that is working with the neighborhood.
You know, you don't want somebody in there creating havoc. You want our houses to look
equal or better than any house in the community because you don't want to draw that negative
attention. So we always give neighbors numbers to call; and if they're not satisfied with the
provider, then they can call us at the Adult Mental Health Division, always we do that. And if
there are any complaints, we encourage that strongly that the neighborhood, you know, call us.
Don't let problems just, you know, drag on and on.
SALAVEA: Thank you, Ms. Miranda. Did you bring a lot of cards with you, bring
enough to pass them out over here?
MIRANDA: I'll be more than glad to.
SALAVEA: You answered my third question; and that was to give some, give the
Commission some examples of how community support, you know, give us the flip side of
what's going on, `cause what we received so far has only been one perspective. And as a
Commission, I think it's our responsibility to get as many different perspectives about the
situation or types of situations possible so that we can make a more informed decision. So thank
you very much.
ALAMEDA: Thank you. You may be seated.
MIRANDA: Thank you.
ALAMEDA: Thank you, Commissioner Salavea. Okay. Next five, James Frazer, Rosie
Rodriguez, Beverly Hookano and Gary Michell and Roz Cohen, please come forward.
HILL: Excuse me.
ALAMEDA: Yes?
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HILL: I would like to make a plea because of my baby, to be one of the next
speakers if I can.
ALAMEDA: Sure. You may be seated. Staff, can we get a chair for the Ms.?
HILL: I don't need a chair. She'll fuss.
ALAMEDA: She'll fuss, okay, just like mine then. Okay. You'll develop some good
biceps, you know. Ma'am, can I get your name? Ma'am?
HILL: My name is Ligaya Alipio Hill, and this is Malia Cateman Hill.
ALAMEDA: I want to swear all you in at the same time. Could you please raise your
right hand? Do you swear or affirm to tell the truth now before the Hawaii County Planning
Commission?
TESTIFIERS: Yes.
ALAMEDA: Okay. Can you state your name and address for the record, please?
HILL: My name is Ligaya Alipio Hill. My address is 17-168 Palaai Street,
Keaau.
ALAMEDA: Go ahead.
HILL: Thank you very much for allowing me to go first and thank you for
allowing me to stand. Just very briefly, I realize there's a three-minute time limit. My
grandparents were Sakatas. They came in the early 20's. I'm not here to give you a full history
of my family, but they have been here for a very long time. And they have instilled in us, in my
father and me and now in my siblings and in my family, that family is very important. A good
neighborhood is comprised of good families. I, too, have moved away off island and have seen
the demise of neighborhoods in the mainland and have chosen to return home to the
neighborhood that I've grown up in, to the land that my father has provided for me in Keaau Ag
Lots, the land that was available to him as a worker of the sugar plantation.
And I am looking to continue my grandparents' dream, her forefathers, her great-grandparents, to
continue to fight for what I believe is right. And what I believe is right is to raise a family. It is
the parents' responsibility to prevent them, to prevent their children from getting into drugs, to
prevent them from getting into trouble. It is their responsibility, not someone else's, not the
State Department of Health. I would plea with the State Department of Health to look for
programs that prevent children from getting into drugs in the first place. And I would plea with
the Commission now to please do not change the definition of "family" in the name of the
Sakatas who have dreams and hopes of providing a good neighborhood, a good community to
raise their children and become productive and contributing members of their community. I
would plead with you as a mom to please do not change the definition of "family." Thank you
very much.
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ALAMEDA: Thank you, Ms. Hill. Thank you for your testimony. Could you please
state your name and address for the record?
FRAZER: My name is James Frazer. I live at 416 Kahikini Street in Hilo. I've been
a resident of the islands for about four years now. I'm a retired pharmacist from the mainland.
I've lived in Molokai for two years and, believe you me, I know what problems go, what they're
like here in the islands. But I'm serving on the Board of Directors for Sunrise Ridge
Association, I'm not speaking for them, I'm speaking for myself. I'm definitely against this, a
change in the number from five to eight. We already have a family in the neighborhood with
five people being in a home that's been rented out and we're having a lot of problems with it.
When I bought into Sunrise Ridge, the covenants stated that it was five or less. Now, you're
going to change that. So our covenants and other things we feel we're losing control of. In other
words, we're being dictated from up above the way things are going to be; and we don't
appreciate it.
So, Mr. Chairman and the Board, I strongly urge you to don't go the road, the way of Maui and
Oahu and to reject this.
ALAMEDA: Thank you, Mr. Frazer. Thank you for your brief and concise testimony.
I'm beginning to not, I don't know, we have different definitions of "short" in this room, so I
appreciate your definition. It's consistent with mine. Thank you. Any questions for Mr. Frazer?
Seeing none, you may be seated.
Sir, please state your name and address for the record?
MICHELL: Yes. My name is Gary Michell. I'm with Mental Health Kokua. My
office address is 75-166 Kalani in Kailua-Kona. I gave testimony in Kona a couple of weeks
ago, and I'm not going to recapitulate what I said at that time. I'm just simply here to provide
support for my colleagues in the mental health field. I pretty much gave testimony and don't
have much more to add, other than our agency strongly believes that every citizen has the right to
live in and participate in their community; and I think the proposed amendment is very consistent
with that mission. I might also add, and I think on a very personal note, that at the end of that
last meeting, I left pretty angry; and I was pretty angry because of a comment that was made by
one of the gentlemen that were there referring to the need for mentally ill to be on a leash. And I
really took offense to that; and I think my colleagues in the mental health field feel the same
way; and I just wanted to say that to get it off my chest. Thank you.
ALAMEDA: Thank you. That'll cost you five dollars, no, just joking. Appreciate your
testimony. Any questions for Mr. Michell? All right, seeing none, you may be seated. Thank
you for your testimony. Ms. Hookano?
HOOKANO: Yes. Good afternoon. I'm Beverly Hookano and I work for Mental
Health Kokua. We are one of the contracted homes that are under DOH. We serve people that
have mental illness and are homeless; and that's, you know, a very good service that we provide.
And as Bernie Miranda said, these are people right here from our island, from our communities,
from our families. Housing as it is currently and within the market, it's, you know, I don't need
to tell you how difficult it is to have mental illness and to be homeless. What a double whammy
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that is. And, you know, we had served this last fiscal year 135 people; and we're recovery-
based. We are rehabilitative. And I strongly support, respectfully request your consideration for
passing this amendment. Thank you.
ALAMEDA: Thank you, Ms. Hookano. Appreciate your testimony. Any questions for
Beverly? Seeing none, you may be seated. Thank you. Ma'am, could you please state your
name and address for the record?
RODRIGUEZ: I'm Rosie Rodriguez. I work for Adult Mental Health Services as a peer
specialist.
ALAMEDA: How about your address?
RODRIGUEZ: Oh, excuse me. I'm new at this.
ALAMEDA: No problem.
RODRIGUEZ: My address is 827-B Mililani Street.
ALAMEDA: You may proceed.
RODRIGUEZ: I'm a consumer, I'm diagnosed with depression, PTSD and anxiety. I just
thought, I thought it was important for me to be here on behalf of the group home and what's up
for discussion, especially to share my personal experience in being in a group home. First of all,
I was sitting in the back row and I don't know why I was giggling because what I felt was hurt.
And what I was hurt was, were the name-calling that was coming out as far as mental, people
with mental illness, you know, the wide-eye, snake-pit, and what not. And it's really funny
because I didn't think I looked like that. I never used any needles. I couldn't look like that. But
till this day even though I'm recovered, it still hurts to hear that name-calling and to hear other
people who are still in recovery be called, you know, names. It still hurts me. So, you know, I
just take it as there still needs to be further education in the community and with other
consumers, and whatnot.
But back to what's going on, you know, as far as me and what I went through, there were a lot of
traumatic events in my childhood and that, you know, led to an emotional roller coaster for me,
anger, depression, suicidal events. And by the age of 16, I was just starting that in and out of
hospitals, and just being recycled back to the family, back to the home where it just was bad for,
was just very bad for me, back into the hospital; and, then the family pawning off, you know, me
to friends and family who tried to take care of me but didn't know how, you know, because they
weren't educated. And I was so depressed I wouldn't do anything, so I went to the hospital.
And I guess I finally made it to Hawaii State Hospital and got stuck; and I was over-medicated, I
forgot who I was and I didn't know my brothers and sisters; and luckily I didn't get stuck for life,
you know. One of the staff advocated for me, got my doses lowered and I got out of there.
The reason why I recycled was there wasn't a bed for me in the community as far as group
homes were concerned. When I finally got out there, I did get a bed in a group home; and then it
was like very few group homes. And that one bed was like the foundation of my recovery, you
know. And what I mean by foundation, it was like I started my stabilization for my medication, I
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needed to learn how to take my meds like, I mean, I know how to pop a pill in my mouth but I
had to make it a habit to do it every day; and I had to learn to trust people because I lost all trust
living at home. So I learned how to bond; and it bought me time in the group home to build a
support network in the community because I didn't have nobody. You know, I was a homebody,
so it bought me that time.
It also gave me time to seek drug treatment, not within the group home but in a treatment,
outpatient treatment facility. So I was a drug user. But I was greedy, I didn't share, so, you
know, there's nothing to worry about.
But, anyways, so that was my foundation of my career group home. So I was very, very,
grateful. From there, I grew and I was able to get out-treatment for my mental illness, and I was
able to go back to work. And my first job was with Mental Health Kokua; and so when Beverly
talked about, I'm sort of like a prodigy of Mental Health Kokua as far as the growth and whatnot.
I worked there for 2-1/2 years and I gained confidence; and I got certified as a peer specialist in
Honolulu. And then there was a job opening at Adult Mental Health, and I work for the State.
And so I just keep growing, and growing, and growing. And my experience with the State is
really an awesome one; however, I did have a really eye opener. I've been in my third week
there. I had one of my clients walk in desperate, crying. We had her set up over the weekend to
live with her uncle; and come Monday she came walking in, she said "I got kicked out, I'm
scared, I'm feeling suicidal, I don't want to live on the streets." And I spent the whole day with
her calling places, looking for a bed, went to the homeless shelter; and I know you guys probably
heard all of this. And there was nothing; and I know Mental Health Kokua got those, you know,
open beds, waiting list, but because of the cap and the fine It's coming close to 4:30, I'm pan
work, and it's like I couldn't believe I was sending her out the door to live on the streets; and that
just broke my heart, you know, but thank you.
ALAMEDA: Thank you.
RODRIGUEZ: Thank you.
ALAMEDA: Any questions for the testifier? Commissioner Salavea?
SALAVEA: Can you describe for, first I'd like to acknowledge your testimony. Thank
you very much, very informative. Can you tell the Commission what your status, your housing
status was when you went into the therapeutic or the group home?
RODRIGUEZ: What, you want my
SALAVEA: Your housing stats. Were you renting an apartment, did you have a room,
were you transitioning out of the State with no housing options, what was the
RODRIGUEZ: The group home?
SALAVEA: Yeah, when you got out of the State, were you being put into the group
home, did you have an alternative housing set up to go besides the group home?
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RODRIGUEZ: No, I wasn't well enough to live independently in my own apartment. I
needed support housing.
SALAVEA: So without the group facility, other options
RODRIGUEZ: I would keep relapsing and having to be in a hospital.
SALAVEA: Okay. And then, currently, if you don't mind, this is, it might be a little
personal but
RODRIGUEZ: That's okay.
SALAVEA: I just want to point out your current housing status now.
RODRIGUEZ: I live independently with a significant other.
SALAVEA: Thank you.
RODRIGUEZ: And happily. Thank you.
SALAVEA: Thank you, and congratulations.
RODRIGUEZ: Thank you.
ALAMEDA: Any further questions? You may be seated. Thank you for your
testimony. Ms. Roz Cohen? Would you please state your name and address for the record?
COHEN: Aloha. My name is Roz Cohen. My address is P.O. Box 72, Captain
Cook, Hawaii.
ALAMEDA: You may proceed.
COHEN: Thank you, Mr. Chairman, Planning Commission and members of our
sweet island of Hawaii. I am with a face of a bureaucrat here, a newly-crowned bureaucrat. My
background, I've had the joy of being a Board-certified, nationally certified psychiatric and
addictions mental health nurse, and moved to the Big Island in 1995 to raise my two sweet
babies here who are now 19 and 21, Konawaena grads, yeah, and had the great joy of working at
Kona Community Hospital to develop, design and open the psychiatric unit there. So it is one of
those wonderful, great clinical and service development experiences, and I cherish being a
member. I live in West Hawaii and cherish being a member of the West Hawaii community;
and I do lots of service to develop health care and social services in any way I can kokua.
That being said, four months ago I applied for and accepted a position as a bureaucrat, really.
When you talk about the DOH people over there on Oahu and who's going to answer and who's
accountable, I now have the job that's accountable on the Big Island. It's a position called The
Hawaii County Adult Mental Health Division Service Area Administrator; and the way I read it
as it's defined and understand it, having been on the job over three months, is I'm the single
point of accountability for all Adult Mental Health Division Services. Any tears being shed for
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the health So, I am the person and would accept the responsibility and oversight for all of the
quality of the services for Adult Mental Health Division. So the function is to identify the pukas,
expand and develop new or needed services, and then monitor and oversee existing services.
And I think that's important having been involved in lots of community collaboratives, is that
there's someone that folks know. If the buck doesn't stop, they are at least responsible and
accountable and have to give an answer or dig down. And that's what was my personal
experience in the past, was frustrating, is having somebody you could really hold accountable
and get an answer from. So I'm happy to offer that. That's my hope as a dedicated line staff
who does believe that recovery is possible for folks with mental illness and substance abuse. I
now hope to bring that to our County partners.
And I want to tell the community folks in here that I view the community members as
stakeholders in this, as well as consumers, providers, agencies, the Judiciary, all the folks that
deal with and interact with people with mental illness and substance abuse. And the idea being
that we are there if you or your loved one ever needs help, that we have an array of services
that's competent and safe and legal, while people can still live their lives and that, well, you're
not threatened.
Bernie Miranda, just to understand, Bernie is the housing director for the whole State for
AMHD. I'm the Big Island Administrator, if you will. So Bernie has the oversight and all the
numbers of the pukas. I don't have that at my finger tips but certainly could get it. But we do
have years, and that's what I think Billy Kenoi and the Planning Director alluded to, is the years
of folks being homeless where we just had the beds but we couldn't put them in because of the
zoning restriction; and I think that's what the effort is about right now. So I'm happy to do any
follow-up, talking with anyone individually, or come to communities. I understand that the
Keaau experience was based on a sub-contract, I think with the Child Adolescent Mental Health
Division as sub-contractor; and I don't know the details of that. But I'm happy to answer for and
investigate and collaborate on any of AMHD, Adult Mental Health, initiatives or contracts.
Thank you.
ALAMEDA: Thank you, Ms. Cohen. Any questions? Commissioner Siracusa?
SIMACUSA: How important would you say to the ultimate healing of your clients and
their ability to move on to independent lifestyle would be the acceptance of the community in
which their interim living facility is located?
COHEN: Thank you for that question. That's really interesting. I think from an
overall aloha, just the general principles of aloha and malama pone, you know, in here that
resonates as being really important, because it is about the concept of good neighbors, and the
ohana being much bigger than just the people that I was bom into. So I think from a spiritual or
heart level that that's critical. And then, number two is just for daily functioning, both from the
neighbor's side, say, and the people in the house and the staff, it's critical. Because we all know,
those of us unless we live in really isolated area, that your neighbors can make the difference
between whether you have a pleasurable life experience or not. Again, I like the idea that was
brought up before that these are homes that if you didn't know that these folks were in there, if
they weren't causing problems and were well-managed and were therapeutic, they'd actually be
some of your safest and possibly sanest homes in some of our communities, because there is no
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active substance abuse. And psychotic and depression and manic symptoms are being attended
to. So there's that aspect of it. And I think it, and the other thing as a psych nurse I think is that
it's critical because when we're not happy about things that are going on in our lives, whether
it's our work or our family, we have ways of acting out; and some of those passive aggressive
leaks of anger can be almost more toxic than the over-rages. So, again, I think as far as being
clean, it's critical. And then the other piece from the consumer is discrimination; and stigma is
often what keep people from getting help. To know that your neighbors de-value or marginalize,
or disrespect you can't be therapeutic. Thank you.
ALAMEDA: Thank you. Any other questions? Commissioner Iwashita?
IWASHITA: I believe, maybe you can clarify what Ms. Miranda spoke of earlier in
terms of providing neighbors with contact information and so forth. Is that part of a guideline or
standard in how the homes are operated, or is that just, if they want to do it they do it, but they
don't have to if they don't want to?
COHEN: Thank you for that question. I was actually wondering the same thing
when Bernie was speaking, that I need to get smart about that. Because I was thinking if there
was a complaint, I would want to hear about it, and then I would meet with the complainants, the
community members. Obviously, we're talking about after it has developed and opened, and
something came up. During the development period, I would anticipate the kind of thing we're
talking about where you go door-to-door and you're having talk-story meetings with all the
stakeholders, I don't think that, I think I'm going to defer to Bernie or ask her about that. That's
the way I would operate. I'm involved now in the West Hawaii Shelter Development and I
know we're planning a whole collaboration with Chamber of Commerce and all the people that
are going to be worried and concerned about that. You know, let's get it out on the table first,
just being proactive. I don't know that division has such a policy or not; but I know in my role,
if I got a call, I would pull together the stakeholders and say let's talk story.
ALAMEDA: Commissioner Iwashita?
IWASHITA: So just to clarify, in your position then you're involved in the review of
approving these homes, or is your role just after the approval you follow-up to make sure they're
complying with the terms of the license?
COHEN: That's right. That's the oversight and monitoring of the quality of the
service. As the gentleman, one of these gentlemen talked about, you know, is the service. That's
the program, therapeutic. Is it clinically indicated beyond just I'm not the one that goes in
and looks at if the square footage is right and the number of toilets. I'm actually with the clinical
program, feedback loop.
ALAMEDA: Thank you. Thank you, Commissioner Iwashita. Okay, you're on the hot
seat. Commissioner Salavea?
SALAVEA: Real quick. And I hope you're able to answer this. My question is how
much of your clientele, their housing status, is either transitional or homeless? Can you give me
a ballpark percentage?
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COHEN: I can't. We have a couple of other experts in the room. I'm thinking of
Brandy and Bernie, and I think we do have those numbers; but I'm not the one that has it.
SALAVEA: Thank you. If someone is able to answer that, I'd just like to know that,
get that information. Thank you.
ALAMEDA: Sure. If any testifiers who have that information when you come up,
please make a mental note of it so you can share that with Commissioner Salavea. Thank you,
Ms. Cohen.
COHEN: Thank you.
ALAMEDA: You may be seated. Moving right along, all right, folks, we're one-third
along the way here. How about Anela Kailiawa, and Jeremy McComber, Nancy Cabral, Jim
Anderson? Larry Thurman? Could you all please raise your right hand. Do you swear or affirm
to tell the truth now before the Hawaii County Planning Commission?
TESTIFIERS: I do.
ALAMEDA: Thank you. This time I'll start off from my far right. And don't worry if
this is your first time, we can walk you through the process. Could you please state your name
and address for the record?
KAILIAWA: My name is Anela Kailiawa and my address is 1425 Kilaha Street.
ALAMEDA: Thank you, Anela. What would you like to share with us today?
KAILIAWA: I am also here as a consumer. I'm also diagnosed with mental illness and
I've lived in group home environments. I came from a bad family and I didn't really have
support. I was born and raised here in Ka'u and didn't have anywhere else to go. My family
refused to take me in. I spent going in and out of the hospitals also `cause there wasn't anywhere
else for me to go, and I refused to live on the streets.
After being released from the hospital, I thought I had a home situated and set up for me to return
to; and that fell through, so I had nowhere else to go I stayed at a hospital for a little while
and I was kicked out of there because my social worker came to visit with me and the man didn't
want to serve people like me, so I was put out on the streets. I wouldn't be able to survive on the
streets; and I overdosed just so that the hospital would take me in and I wouldn't have to be
homeless. They kept me in the hospital long enough for me to get accepted into a group home;
and that was also my foundation for my recovery. I learned things at the group home that I
didn't know on my own because my parents didn't teach me. My family never taught me how to
manage my money, how to go out and look for work, how to cook a meal, simple things like
that. I wasn't prepared to live alone. The resident manager that worked with me in the group
home really instilled in me that I could be independent, and that I could recover, and I could live
a normal life. I have a six-year old son; and during this time I could not be with him. But I
needed to get better so that I could take care of him.
22
irrrrrrrwi. r.wi~ - -
And this group home allowed me to build the skills that I needed to go out into the community
and be a productive member and a contributing member to society. I've lived in group homes
for two years; and I think without that, I would not be where I am today. Today, I work with
Care Hawaii and I get to help people just like me. And I get to share my secret that we do,and
can get better, and we can live out there. I train the Hilo Police Department to help them
understand how to deal people with mental illness; and so I'm out there in the normal
community. I'm working with normal people. I educate people because I think that a lot of
what's lacking within the community is that people are ignorant because they're not educated. I
am a normal person. I go to work everyday. I come home, I pay my taxes, I pay my bills, I take
care of my family. And a family is not defined by blood because the people that live with me in
all of these group homes have become my family. I still keep in very close contact with all of
them; and they help support me today so that I know I can still wake up tomorrow and be
productive to the society.
And another thing, too, is that I understand that I'm not going to get better. I'm going to have
this disease for the rest of my life, and I did not ask for less. But I understand that some day I
might need that group home again. I might have to go back there. I might have to re-establish
some of the skills that I've, you know, I might lose them along the way, I might get sick. And if
the cap is at five and it remains at five, I might be that one person that's not going to have a place
to stay, and I might have to stay on the streets. And so I beg all of you that you guys please
consider accepting this, that the cap goes to eight. Thank you.
ALAMEDA: Thank you. Any questions? Seeing none
SALAVEA: Real quick.
ALAMEDA: Go ahead, Commissioner Salavea?
SALAVEA: Thank you, Mr. Chair. And just for clarification, your current housing
status is?
KAILIAWA: I live independently in a three-bedroom home in Waiakea-Uka.
SALAVEA: And you pay your own rent?
KAILIAWA: I pay everything on my own.
SALAVEA: Thank you, and thank you for your testimony.
ALAMEDA: Seeing no further questions, you may be seated. Thank you.
IWASHITA: Mr. Chair, just one.
ALAMEDA: Commissioner Iwashita?
IWASHITA: It's not really a question. But this testifier and one other talked about, you
know, the normal community. And I don't know if that's a term of art in mental health care but I
just, personally, I just want to make it clear to the testifier that, to me, I have hard time making a
23
distinction. You know, we're all one community and whether some of us are viewed as normal
or not, you know, I know a lot of people out there don't view me as normal. So I'm part of the
testifiers' community.
ALAMEDA: Okay, point taken. Thank you, Commissioner Iwashita. Sir, your name
and address for the record?
MCCOMBER: Jeremy McComber; and in the interest of who I represent, I'll just say
Waiakea Uka in Hilo.
ALAMEDA: Okay, you may proceed.
MCCOMBER: Again, my name is Jeremy; and I'm here representing the County's Office
of Housing and Community Development. To give you a little background of what I do there
that would hopefully help in my testifying, I do the land use planning affordable housing. I deal
with homeless issues. I'm the Fair Housing Officer for this County. And so the Office of
Housing and Community Development supports the amendment to this zoning change because
our main goal is to provide affordable housing or housing options for individuals throughout the
housing continuum which starts at homelessness and ends at the homeowner or individual that
have aged on in the population and now require, you know, adult care or various types of
situations.
I did want to point out that the County currently does not have an occupancy standard that relates
to residential units. And, so, in the event that you have a group home setting or any other type of
setting where you limit the number of individuals that can occupy the dwelling unit, there is a
liability that could be imposed on the County pursuant to the Fair Housing Act.
I also wanted to point out that, you know, in trying to deal with issues of affordable housing, as
an example, we have people that are in our work force that commute from either Ka'u, Puna area
all the way to West Hawaii that cannot even afford housing. So if you take that into
consideration and compare that to these individuals that may be homeless and/or mentally ill and
you don't provide housing opportunities for them, then as Ms. Miranda indicated, those
individuals will exhaust the various funding sources that can be utilized for other types of
opportunities for other populations.
An individual had mentioned covenants and, you know, there are, it's debatable on covenants,
and association rules, and that type of thing. But I would just say, speaking from the Fair
Housing perspective, that limiting the number of individuals that can occupy a unit could be
dangerous for the County, as well as other stakeholders such as the service providers and
whatnot.
And after having said all that, I would just like to encourage, again, the amendment of the
Zoning Code because we have here these various providers that are actually willing to come into
our communities and provide service to individuals that maybe we cannot relate to now, but I'm
sure at some point in your life you'll probably know somebody that has a mental illness. And if
we're not willing to accept that they're coming into the communities now and that we're not
going to be shipping off these people elsewhere, then I don't think our housing crisis will get any
better. Thank you.
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ALAMEDA: Thank you, Mr. McComber. Questions? Commissioner Salavea?
Commissioner Siracusa?
SIRACUSA: May I
ALAMEDA: Please.
SIRACUSA: Thank you for not calling me Commissioner Salavea. When I was in
college, I, at one point, lived in a very large house in Manoa, had a lot of bedrooms and I shared
it with a whole bunch of other students; and of course it was not an official, you know, living
facility, whatever, therapeutic living facility. It was certainly not certified by the Department of
Health. Are you saying that the County could have had a liability because they were more than
five of us living in one house, with unrelated people?
MCCOMBER: No, what I'm saying is that because the Fair Housing Act protects
individuals that have disabilities, if the County limits the maximum number of occupants in a
unit You know, the Fair Housing Act essentially what it does is it provides individuals, protect
the individuals the opportunity to enjoy the unit as an individual that maybe doesn't have a
disability have that opportunity to do so. So if we limit the number of occupants in a unit and
you're turning away an individual that has a disability, then you could be in violation of the Fair
Housing Act; and because the Zoning Code would allow that limitation, that's where the liability
would come into play.
ALAMEDA: Ma'am?
SIRACUSA: But there would still be a limitation based on, say, the size of the house
and the number of bedrooms and bathrooms, is that correct? Even if, say, we passed this and
allowed eight unrelated people, if you had a house with two bedrooms and one bath, they would
not be able to put eight unrelated people in that house, is that correct?
MCCOMBER: That could be challenged.
SIRACUSA: That could be challenged?
MCCOMBER: Correct.
SIRACUSA: Could you explain that in greater detail, please?
MCCOMBER: Because the County currently does not have, again, an occupancy standard
that relates to number of persons in a unit, in a residential unit, it would be hard for the County to
quantify how they are limiting the unit without a standard in place. So if there is going to be a
standard of eight and you have a two-bedroom unit, how would you be able to justify, not having
the professional background of someone that services an individual with a mental illness, how
would you be able to quantify that it's unreasonable for eight individuals to reside in that unit?
ALAMEDA: Thank you. Commissioner Iwashita?
25
IWASHITA: Thank you for coming, Mr. McComber. I just need a clarification or some
education, I guess. What is this occupancy standard you mentioned several times now?
MCCOMBER: Before the County had an occupancy standard that would say, you know,
per unit by bedroom size, you know, no more than "x" number of people could occupy the unit.
So, for example, and this is just an example, a three-bedroom unit could have no more than six
people. That was written in the Housing Code before, that was repealed; and the Housing Code
now was rewritten to specifically address the imposition of affordable housing conditions. So
there's nothing in the current Housing Code that addresses number of persons in a unit. So right
now, there's no standard.
IWASHITA: And my impression is that we took it out in order to comply with some
law?
MCCOMBER: What happened was the contents of the Housing Code was integrated into
the Building Code and the Zoning Code depending on what the issue was; and then it was just
rewritten to address affordable housing conditions as applied pursuant to a change of zone.
IWASHITA: Is there an acceptable occupancy standard under the Fair Housing Act?
MCCOMBER: No, there isn't. Currently, our office uses to administer various programs
the HUD guideline, which is two persons per bedroom or, excuse me, two persons per living
room which includes living area, which includes the living room. So if you had a three-bedroom
unit, the maximum number of persons would be eight. That is the guideline. And we have been
informed by the Department of Housing and Urban Development that that is not hard and fast,
and that we can be challenged.
IWASHITA: So sounds like you're saying the County should have an occupancy
standard along the lines that you just described. I mean, it can't be out there, you know, with no
standard, right? It seems like that's what we ought to be doing instead of this other thing.
MCCOMBER: I don't want to say that I think there should be a standard so much so as
I'd like to just remind everyone or inform you if you're not aware of the Fair Housing Act that
individuals with the disability are protected. And, as a reasonable accommodation, we would
allow a consideration such as additional individuals in the unit; and that accommodation is to
prevent them from either relapsing, or becoming homeless, or whatever is specific to their
situation. So I'm more focused on insuring the equal opportunity of housing, more so than
actually establishing a standard.
IWASHITA: So would it be helpful or not to have an occupancy standard to do your
job?
MCCOMBER: It would definitely be helpful; but whether or not that's established, I don't
think that's my call.
IWASHITA: Yeah. That's for the County Council, basically, is what you're saying?
MCCOMBER: Yeah.
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IWASHITA: Thank you.
ALAMEDA: Thank you. Commissioner Siracusa and then Commissioner Rho?
SIRACUSA: Yeah, it strikes me very strange that we talk about prison overcrowding
and how many people to a cell is or is not acceptable, say, especially to their rehabilitation and,
yet, we're not looking at that, you know, in the case of therapeutic living situations. And I'm
wondering how could someone really, you know, be rehabilitated into living independently if
their living situation in a therapeutic home is so skewed away from a normal situation. I can see
having a roommate, one other person in the room with you, maybe even if you're really tight,
you know, and the room is large enough for three people. But if you start crowding too much in
there that seems to me that it would actually be counter-productive
ALAMEDA: Your question?
SIRACUSA: To a healing situation. And I have no questions. I'm just mouthing off.
ALAMEDA: Fellow Commissioners, let me just remind you and encourage you to be
disciplined in your future questioning. Thank you, Mr. McComber. Oh, Mr. Rho,
Commissioner Rho, you had a question?
RHO: Actually I have two questions, I think.
ALAMEDA: Okay.
RHO: The first one is, and I'll preface it very briefly by saying that in Kona at
the last meeting I heard the same thing and now I'm hearing it again, which is this number eight;
and I guess you have come the closest to actually explaining number eight. So you heard
testimony. Why is the number eight, why the current number eight in Maui, Oahu and the State
Statute? That's my first question. Do you have any idea?
MCCOMBER: I don't know specifically why the Planning Director initiated this. But if I
had to give my assumption, it would be because when the Adult Mental Health Division obtained
the unit, it's highly likely that
RHO: No, no. In Maui it's eight; on Oahu it's eight; the State Statute mentions
the number eight, as I read this material. So at the testimony in Kona eight was mentioned again,
in reference to Marimed but eight. And in here, today, we have testimony about this number
eight; and it's within the Director's recommendation that it be eight. All I'm asking is, and I
should have asked this for every single individual that testified, why is the number eight? And
I'll go further, in your testimony you're basically saying, if I understand you correctly, that even
if it's set at eight, I, as a consumer, can file a lawsuit protesting that or arguing about that number
`cause I want it to be nine in this house. Or, you know, in reverse, it could be argued the other
way, too. So I guess I'm really concerned about this magic number eight. And, if you, in my
mind, anyway, take it to its logical conclusion, then there should be no number, is basically what
you're saying. Is that not right?
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MCCOMBER: I think to answer your first question when the various group home
providers obtain units, it's probably because the largest unit they would obtain is a four-
bedroom. So they're looking at a two-person per room standard, that's my assumption. Having
said that, I would say that you could use a two-person per bedroom as a guideline, yes. But, I
mean, technically, anything could be challenged, anything that's written in the County Code
could be challenged. So, I mean, I'm not saying there's one right answer, you know, one number
that it could be set at where, you know, that's absolutely the safe zone there. It's objective.
RHO: Taking it to its logical conclusion, would you also then agree that a
number should not be set and that each individual house then comes up as some testifiers are
proposing, that they come before the Commission to ask for an exemption every single time?
MCCOMBER: I think that eight is a reasonable number. But I think to answer the
question of whether or not that's feasible for the program, that would have to be up to the
professionals. I don't service those with mental illness so I'm not sure. But I would say it's
reasonable.
ALAMEDA: Commissioner Rho?
RHO: No questions.
ALAMEDA: All right. You're off the hot seat. Thank you, Mr. McComber. Ma'am,
could you please state your name and address for the record?
CABRAL: My name is Nancy Cabral and my mailing address, Suite 2, Kamehamcha
Avenue, Hilo. I am the owner of Day-Lam Rentals and Management. And with this question
just asked of Jeremy, welcome to my world. I can be sued at any time because if I allow or
disallow, and it's not a matter of just two per room, it could be what if they have the three
bedrooms, the living room, and what about the family room, and the extra enclosed dining room
that's not just an open dining area? All of those could have two people in that room loosely
considered by the HUD standards.
Housing is a big item to me. I handle, right now my company handles 592 residential units, 12
condominium associations, and 9 subdivisions, and 89 commercial units. So housing and your
zoning has a big impact on me, my employees and a whole lot of people I connect with on a
regular basis. I have 38 individual units that are currently either group homes or that help with
disabled people. This number includes one unit, one of these units, not 38, one of these units has
20 rooms in it and 20 bathrooms. It's a group home housing former convicts. I have another
project for developmentally disabled; and I have recently taken on the new turnaround in the
successful management of the new soon-to-be better housing ability at Riverside Apartments. I
am into housing in a big way.
I support the concept of group homes; and I think it's wrong that there seems to be so much of us
against them here, maybe you're used to that. No one here that I've heard, when you hear what
they say, has spoken against the concept. I think it's more of a matter of everyone looking at
you, you folks on this panel, to do your job; and that's what I'm asking you to do. I really think
you should look at changing the zoning in a whole lot more areas and allowing for not just group
homes but multi-family housing. Multi-family if the zoning were to be changed and it didn't
28
take five years or $5 million to get a zoning change in this County, we might not have such a
housing, affordable housing crisis. Okay? I deal with housing. I think the whole situation here
is money.
Your question about number eight, I don't think it has anything to do with how many rooms
there are or how therapeutic that number is going to be. I think it has to do with how much
money they're going to make or not make. Because the number of eight wasn't how many of
them are going to live in the house, that's how many customers are going to live in the house;
and I say customers. They say clients, or they say patients, or they say consumers. It's
customers `cause I'm in business. Business is money, and money means they're going to have
eight customers in that house. `Cause they're going to get the money from the Federal
government to house eight people, and they're going to have an unspecified number of additional
people living there, be that two people living there in addition to the eight, be that four. How
many more people are going to "live in that house on a nightly basis?" And they say they don't
live there but they're going to be there. When you have somebody there all throughout the night
using the toilet, parking the car, they're there. Okay?
I'd like you to picture Again, I think that the current system is not really good because it
shouldn't make it so onerous that they have to come in for special use permits all the time. I
think big areas should be really considered for zoning changes. And I think if the government
was more receptive to the demands of supply and demand in our marketplace, more owners of
properties, more developers would come in and make this available. It's just too costly. Your
Zoning Code is so hard or the zoning process is so hard to deal with. Your building codes are so
bureaucratic and restrictive. But if it was allowed to work better, I think we wouldn't have
nearly as many housing problems.
But I'd like you to picture because, again, what this ordinance as it's put up now has no
limitations, okay. Any neighborhood anywhere, regardless of CC&R's, you're saying that you
bought a house in a neighborhood, you spent a lot of money, you pick the house out that you
want it for your family, you paid a lot of extra money `cause it had CC&R's, you were concerned
about it for the safety of your family, big investment for you the taxpaying citizen without
special needs, not a protected class, without any notification, without any warning, without any
knowledge whatsoever. Again, they say they let the neighborhoods know and the Department of
Health may, but they're not required to. Again, you have no limitations or requirements in this
ordinance you're looking at.
Someone moves in, they move in a group home, the property they're moving in a group home is
not a single-family dwelling on one parcel, it has the ohana permit from years ago. It's two
homes. So now we're not talking eight customers, we're talking 16 customers and four, six,
eight care providers. So how many people are going to be there? Picture, now we've got 20-
plus people living on this property in your neighborhood with 10,000, 15,000, 20,000 square
feet, maybe an acre. Are they're going to bus the people in? They drive in. This is not limited
to just youth that don't drive that have drug problems or whatever, there's no limitation. So the
concept is they're going to go back to work and go back-and-forth to work, so they all need their
cars. So now we have 20 cars on the street because the lot is probably not big enough for 20
cars, I don't know. Now all of a sudden you live next door down the street and you can't park
anytime. You come home, your guest have to park two blocks away. What's going to happen if
20 people flush the toilet everyday? How many toilets, how many cesspools? There's no
29
requirement that it be on a septic system or a cesspool, it's on cesspool or it's on the County
sewer line. Again, is your sewer line going to handle this? How many homes like this are going
to be in the same neighborhood? Are there going to be any impact fees that anybody pays for
this? What about the trash removal, daily food delivery? Now we're talking what goes on,
outside. This is all what goes on outside those four walls. I don't care what goes on inside those
four walls. I handle all these properties. If they're quiet on the inside, put earphones on, I don't
care how loud you play your stereo. Blast your own eardrums out. But the minute that noise
exits the property line, the minute those cars are out there, all of those outside activities,
everything is going to affect somebody in that neighborhood in some other way. Why do we
have zoning if it doesn't matter now? It doesn't matter, then it doesn't matter. Let's just let
everybody we can all go home, and you don't have a job.
Group homes, let's say, and no limitations, that's the concern. There's no limitations in any of
this. You know, again, it could be a group of teenagers, it could be a group that's former sex
offenders in a rehab, again, no limitations. What is going to happen to that community when no
one is even notified in that community that this is now suddenly changed until something
happens, okay?
I think that the current situation allows for at least some notification or, again, make the zoning
changes universal in terms of the land changes, not the decision universal to what a
neighborhood has to have. There's no requirement, no limitation that there be any contact given
out. In one of my subdivisions where a group home is now living on an ohana, they've never
given us, and we've had multiple meetings, they've never given us contact numbers. There have
been runaways from that; but you can check with anybody, they say there's no runaways because
they never contacted the police. They run around the neighborhood instead looking for the
runaways. So they don't contact the police `cause they don't want it documented that these
people have run away out of the facility. So, again, there are no limitations, there are no
necessary requirement for accountability back to this County.
Therapeutic for our neighborhood kids? Again, there's no requirement that it be for our
neighborhood people. With the land and housing at Hawaii County being so much more
affordable, particularly East Hawaii obviously, then everyone that's getting these Federal
dollars are going to come racing down here to East Hawaii, as groups I think already are. And
they're going to be saying, let's have that group home here in East Hawaii and we'll bring the
Oahu drug addicts, we'll bring the Oahu mentally ill over here, we're going to You know,
again, it's a dollar business. So if it's the industry you want to invite into East Hawaii, that's a
choice.
I'm opposed to allowing this kind of density on a universal scale. I think it should be more
properly identified in the right neighborhood and have the right proper zoning changes take place
so that that neighborhood, the impact on that neighborhood as previously indicated when you
were considering for another consideration, the community government infrastructure is set up to
handle that impact. Whether you have two or three or four group homes in one small
subdivision, it could easily happen. You have no limitations here.
So I'd like you to seriously consider it. I could see from your prior decisions you're very
conscientious. I'd also like to note that of the 15 people that spoke before me, eight of them that
spoke in favor of this, all of them are probably catching the paychecks as we speak, because
30
every single one of them works in mental health now, works for the government. And I don't
think, probably Billy Kenoi really probably took an hour off on his vacation time to speak, but
we could check on that. And I like him as a person, I love the concept, but understand who is
here speaking. Everybody that has spoken in favor of this gets a paycheck because,
unfortunately, these kind of activities, this kind of problem exist in our community. Okay, I'm in
favor of having group homes and I'm in favor of multi-family, but let's do it right. Thank you.
ALAMEDA: Thank you, Ms. Cabral. Any questions? Seeing none, you may be seated.
Thank you. Please state your name and address for the record?
L. THURMAN: Larry Thurman, Post Office Box 1049, Keaau; and I live in Keaau Ag
Lots. After the previous speaker, I don't have a heck of a lot left But I do want to address the
gentleman who was very upset about my statement about the leash at the last meeting. He either
didn't hear the entire conversation that was going on prior to that or he chose to take it out of
context. But I'll remind you as your minutes will show that the subject at the time was that
without adequate supervision there is going to be walk-a-ways from these types of programs all
the time. And I was asked the question specifically, well, do you think with adequate
supervision if it would be all right? And I said it'd have to be one-on-one supervision and they'd
have to have a leash on each one of them to prevent the walk-a-ways. So
The only other two things that I got is that and, again, it goes back to visiting the number eight,
the magic number; and the Mayor's representative suggested that the Department of Health says
it's good, therefore, it is. And if you watch Fox News or if you watch MS, NBC, any at all, you
know that you can find an expert on any subject for any position; and I think that's what we have
here. And the only other thing that I'd like to say was said at the last meeting, it wasn't on this
agenda item but it was a previous item, Mr. Iwashita, and I apologize if I didn't pronounce your
name right, made a comment that he was concerned about public safety. And that's the whole
gist of what we're doing here today. It's about public safety, and we're part of the public, too.
Thank you.
ALAMEDA: Thank you, Mr. Thurman. Questions? Ms. Siracusa?
SIRACUSA: This is not a question to the testifier but to Corp. Counsel.
ALAMEDA: But can I ask that Okay, let me just ask. Any questions of
Mr. Thurman? If there's no question then you may be seated. Thank you, Mr. Thurman.
Ms. Cabral, you may be seated, too. Thank you. Commissioner Siracusa, go ahead.
SIRACUSA: Yes. Ms. Cabral made a statement that the people who have spoken in
favor are all on payroll from some mental health facility or whatever. And as president of a non-
profit, I'm aware that if I am paid by a non-profit and I go and testify, I am required to announce
myself as a paid lobbyist. Does that hold here in front of the Planning Commission? If
someone, I know in government that's not, that doesn't count. But if people, I don't know if that
facility in Kona is a non-profit or not, but I'm wondering if that, it's an operative concept here
for us today.
ALAMEDA: Mr. Torigoe?
31
TORIGOE: I don't have that answer off the top of my head. I would have to go and
take a look at the, I guess it would be the Lobbyist Registration requirements in the County
Code. I can look that up if you want.
ALAMEDA: Mrs. Siracusa, do you need Mr. Torigoe to look that up?
SIRACUSA: Yes, I would. There is on the back of our agenda, there's a notice to
lobbyists. And it says that a lobbyist means any individual engaged for pay or other
consideration who spends more than five hours in any month or $275 in any six-month period for
the purpose of attempting to influence legislation. And I'm wondering if the people who have
been sitting here for quite a few hours, we're getting up to that five hour point, they should be
registering as lobbyists.
ALAMEDA: I don't know if we've reached five hours, I hope not. I don't think so with
regard to this particular agenda item. So if you consider in the morning, but we're talking just-.
SIRACUSA: In half an hour, it will make five hours.
ALAMEDA: Not this particular agenda item, I don't think. So, anyway, Commissioner,
Mr. Torigoe, would you like to comment on Commissioner Siracusa's inquiry?
TORIGOE: You know, Commissioner Siracusa is correct that there is that notice in the
public notice of these meetings, and it does reference the portions of the Hawaii County Code.
That basically says that "any individual engaged for pay or other consideration who spends more
than five hours in any month or $275 in any six-month period for the purpose of attempting to
influence legislative or administrative action by communicating or urging others to communicate
with public officials." Then, yeah, if that is what you're paid to do and you do so, then you
could be considered a lobbyist. Again I don't have the full text of the whole Code here so, and
that's something that then obviously these testifiers would need to consult their own counsel on
it.
ALAMEDA: All right, future testifiers know that. I think we started this particular
agenda item at 11:35, it's now 1:30.
SIRACUSA: Excuse me, does it go by agenda item? They've been here since
9 o'clock, a lot of them, so they've
ALAMEDA: Well, from what I understand from the reading, I interpret that as the
agenda item, the issue at hand, so I took that as 11:35. All right. Moving right along, our patient
testifier, could you please state your name and address for the record?
ANDERSON: James Anderson, 702 Hueu Place, Hilo, Hawaii. I'm here representing
myself. I'm speaking against the amendment; and I'm drawing my opinions on my experience
of 28 years as a law enforcement officer in a large metropolitan city in California.
So far, these have been called group homes, rehabs. They can be called safe house, care homes,
halfway houses, therapeutic living center. No matter what you call them they are quasi-
custodial, quasi-medical and 100 percent commercial. It's my experience in the patrol, there
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always was an increase of in-call for services relating from the above-type homes I mentioned,
and also on-view enforcement action is required. And speaking to the neighbors of these
situations, they always had a tale of woe, and none of them were really leaping for joy on that
one.
Today, I've heard the words, "liability" and "licensed" was thrown out quite a bit. As far as
liabilities, I wonder if this is increased and the seven or eight, or that seventh and eighth person
did harm to a family, would the County be liable for that since they increased the number of that
home? I don't know, you know. That liability seems to be just thrown out there as a big scare
factor.
And "licensed," everybody was licensed this, licensed that. There are a lot of drivers out there
that we have to have auto insurance. Your professional doctors have to have malpractice. So
those aren't panaceas, they're not cure-alls. Whatever it is, there's going to be some risk
involved on that one.
You know, and as far as the studies go, they talked about being off-island or being on-island so
much better prepared. You can find any kind of study you want that's going to show that it
doesn't matter if they were local or off, success rate is probably not going to be any better as to
the help. It might help some of the families better. But as far as the success on that I don't
know.
Nancy Cabral was correct, she said most of the people testifying for the motion today were from
the mental health field. Unfortunately, that's just not the only area covered by this amendment.
You're going to have drug abuse, drug rehab, criminals, and so forth. And, you know, there's,
you might want to be able to accept one type of a neighborhood house next to you, but there's no
guarantee that that's what might turn up next to you.
I also moved into an area with the covenants and for, the State agrees, and it just seems that those
covenants are going to be overruled if a State or a County law is going to supersede that. So
whatever reasons I chose to live where I live could have been taken away from me on that one.
I guess what I'm asking you is that, you know, you do not need to change the rules by rejecting
this amendment. You're not denying anybody the right to have these homes. What you're doing
is you're just limiting the amount to five. I'm asking if that is fine and that's successful, don't
increase it. The only increase it seems to be is for monetary values on that one. So please keep
that in consideration on that one; and I guess that's pretty much what I have. I just feel that there
probably is a need for these types of homes; but place it in an area that's zoned for it and is
acceptable to that. I'm not sure that just because it has to be in the middle of a certain residential
area that's going to help those people, h1 my law enforcement experience, it was very common
to see the city bus come by and off-load members from guest homes. And I was in California,
and you might know Ronald Reagan when he was Governor, he closed down the state asylums
and everybody was sent out to live in the group homes. Well, these group homes released their
assignees and we used to call it the "thorzine shuffle" (phonetic) because they would just come
down, walk around through the neighborhood, through the downtown. And not that they did
any harm but they were scaring them.
So, like I said, I'm just asking you to consider this and to reject the amendment.
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ALAMEDA: Thank you, sir. Any questions for the testifier? Seeing none, thanks for
your testimony. Thanks for coming out. You may be seated. I'd like to take five. Is there any
objection to that? Seeing none, five-minute recess.
RECESSED The Chair called a short recess at 1:35 p.m.
RECONVENED The meeting reconvened at 1:45 p.m.
ALAMEDA: I'd like to remind the testifiers again if you can keep your testimonies
brief, to the point. Anyway, next five testifiers, Mike Saenz, Arlene Macanas, Carl Halstead,
Roxanne Costa and Elizabeth Bermudez. All right, first, I'd like to thank you guys for waiting
this long. Just shows your commitment to this issue and your passion, either way. I'll just start
off by swearing you in. Please raise your right hand. Do you swear or affirm to tell the truth
now before the Hawaii County Planning Commission?
TESTIFIERS: I do.
ALAMEDA: Thank you. I'll start off with Mike. Could you please state your name
and address for the record, in the mike, Mike?
SAENZ: Michael Saenz, I live at 500 Ohukea Street in Hilo. Tomorrow, I turn 48
years old; and half of that time, I've spent as being a law enforcement officer, both in the
municipal and now at the Federal level. And while I commend all those people that were here
today in the mental health field for the work they do, I think we have to realize that there are
both good and bad that come out of these type homes. Unfortunately, I've always dealt with the
bad. And as it was stated previously, you know, as a law enforcement officer, you deal with that
part of it. And I'm just asking that you look that it's not just mental health facilities that will be
included in these type homes. As pointed out it is, you know, other problems, whether it's ex-
cons, whether it's drug addicts, or whatever. Increasing the number that are allowed to live there
is also going to increase the risk of the law enforcement problems that we're going to have and
that the safety that the community and the neighborhoods count on is going to be somewhat
diminished.
I ask that you confer amongst each other, try to come up with the best decision that's best for the
County, and realize that listening to all of us, and not just those whose paycheck, depends on it
as has been pointed out, and not to succumb to threats that you're in violation of some Federal
law if you choose not to do this. Thank you for your time.
ALAMEDA: Thank you for your concise testimony, appreciate your testimony. Any
questions? Commissioner Salavea?
SALAVEA: Thank you, Mr. Chair. Mr. Saenz, you brought up your police
background; and I'm not sure if you're able to answer this question. But in your experience,
which of the two people, and I'll describe the persons, of the two people which, in your opinion,
would have easier time reintegrating back into the community - someone released from prison
that has a step-down transitional housing program that re-establishes their connection to the
community or someone who is released from prison with no support?
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SAENZ: Well, unfortunately, I'm usually dealing with the ones that have violated
the law, so I couldn't give you a figure saying, you know, this percent does well, this percent
does not, because I don't deal with the percent that does well. That's just the reality of it. So,
you know, I can tell you I've had instances where people with no support that I'm dealing with
and I've had plenty of instances with people that had the so-called support that are crossing back
over the line as well.
SALAVEA: Thank you.
ALAMEDA: Seeing no further questions, thank you. You may be seated or you could
By the way, if I say you may be seated, you also can leave, you know. So you don't have to be
seated. Okay. All right. Moving right along. Ma'am, please state your name and address?
MACANAS: Aloha. My name is Arlene J. Macanas and I live at 17-342 Ipuaiwaha
Street in Keaau Ag Lots. And just to let you know that I was the first one there in the
subdivision living in a house trailer. And my husband worked for the plantation. We relocated
from Kohala, which he was working in the plantation there; and, as you know, the plantation
folded up. And we had a home out there, we had our children. We needed to relocate because
there was only one hotel that was out there, and that was the Mauna Kea Beach Hotel. So we
moved to Hilo and he went to the James Glover Construction, and then went to the Puna Sugar
because he was laid off at Glover.
Being in the Puna Plantation, he started back again from the very beginning, at the bottom
poisoning, carrying the poison pump from a tractor trailer operator; and it was very, very
difficult. But he started off, and we were so fortunate at that time that the Puna Sugar folded,
that they gave us the property. We had an opportunity either to take the monies or to pay the
County on a monthly basis. Raising five kids was not easy at that time so we chose to keep the
property, knowing that it was a one-acre; and coming from a ranch hand, a cowboy family, we
wanted to raise some cows, knowing that it was an agricultural area; and we ended up raising
two horses and some sheep on half of the acre.
It saddens me today to see that this is happening. I am not against rehabilitation for children.
Children is what I, you know, I want to see them grow. And we all make mistakes. For those
that go on to drugs, sometimes it's just not their fault, they just don't have the support either
from their families, or they just get mixed up with the wrong crowd. If you're born handicapped,
that's another story again. But I think these foundations should be placed in areas that they can
rehabilitate.
I'm not ashamed to say that there was one in my family, there was an in-law that went on drugs.
And she went to Maui, to a rehabilitation center in Maui; and let me tell you being away from
home made her realize that "I need to get back on track." So we're talking about facilities,
sending our kids off island. And the facility that she went was in an isolated area. It wasn't in a
residential area. And I think that really helped a lot because there was no interference, there was
nothing that they could go look outside the window and be distracted. I personally feel that these
kids, you know, should be in areas that they can rehabilitate and have the care that they really
need and not be distracted.
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Also, for the Keaau Ag Lots, it's safety that we're thinking about. Like I said, it was designed
for agriculture and, of course, there was the ohana. Of course, they did away with that. But I do
have another home on my property which is for my daughter. And because the kids today, let
me tell you, you know, they just can't go out there and buy their own property.
But I am not against rehabilitation. I want them to get the best care; but having a facility like this
in a subdivision like ours, I don't think so. So, please, consider this and let's try to find a place
for these kids to go, even though it's isolated. But it'll make them think, think hard, that "Is this
what I want? I want to get back to my families, I want to be in the community." It's so very,
very important." So thank you very much. Mahalo.
ALAMEDA: Thank you. Mahalo for your testimony. Any questions for our testifier?
Seeing none, you may be seated. Sir, could you state your name and address for the record?
HALSTEAD: My name is Carl Halstead. I live at 400 Kipuni Street in Hilo. The main
reason why I oppose this amendment is I just see a further erosion of our control of our local
communities. If you pass this, then what are we going to, what's our alternative now? We have
to call Honolulu and say, "You know, we object to something." We aren't going to have an
opportunity to come before a board like this. And that's why I strongly feel that we should keep
control. It's not to say that we're against these homes. It's just that, as been said before, we're
allowed one home in our lot in Sunrise Estates and I don't like the idea of 20 or more people,
you know, with all the infrastructure problems that it could create being next door. Thank you.
ALAMEDA: Thank you. Any questions for the testifier? Seeing none, you may be
seated. Also, let me remind the public and fellow testifiers that the Planning Commission, with
this particular agenda item, we just basically make a recommendation. Our vote will be reflected
in the recommendation to the County Council; and the County Council will have the final
decision. And, also, the County Council will have an opportunity to look at all the minutes, and
which they do, all of the testimony. But I encourage you, again, to be there to testify again and
let them hear your perspective. But we basically make a recommendation. So thanks again for
your coming out `cause this starts the process. Ma'am, could you please state your name and
address for the record?
BERMUDEZ: Okay. Good afternoon. I'm Elizabeth Bermudez. I live at 17-203
Ipuaiwaha Street, Keaau Ag Lots. I live next to the Marimed Foundation, just right next door.
Okay, my husband was a former plantation worker, that's how we acquired this property. We
raised our children in this home and it was our plan to retire in this home. But with the Marimed
Foundation as our neighbor, I don't know how we can live safely. So I'm opposing on this
amendment. So, please, I'm begging you, please don't pass that amendment. Thank you.
ALAMEDA: Thank you, thank you, Elizabeth, for coming out. Any questions for
Ms. Bermudez? Seeing none, you may be seated. Thank you. Ms. Costa, could you please state
your name and address for the record?
COSTA: My name is Roxanne Costa. My address is 60 Hookano Street. Our
agency is at 1786 Kinoole Street. I represent the Salvation Army Family Intervention Services.
We were formerly called the Hilo Interim Home. I'm the program director of Residential
36
Services islandwide; and we have an emergency shelter here in Hilo and Kona; and we have a
group home here in Hilo and Honokaa.
We're in favor of this amendment with some language changed. We are licensed by the
Department of Human Services. We're licensed as a child care facility, we're also a child
placing organization. So, if anything, we wanted to say licensed by a State agency, and not just
the Department of Health. We take care of kids through Family Court and DHS. These are kids
who are wards of the State. They have been abused or neglected. They are placed with us while
they look at the family situation and look at other alternatives. Our group home is used when
these kids cannot return home. And, hopefully, the time in there in the group homes, they can
work out the family issues and hopefully reunify them with their families, or look at other
options. So that's why we're in favor of this.
I don't think the number makes a difference whether it's five, six, seven, eight. For us, it's one,
two, three more kids that we can save, we can work with, and preserve our families here in Hilo
and keep them here in Hilo.
ALAMEDA: Thank you. Any questions for Ms. Costa? Commissioner McCall?
MCCALL: You're in charge of a couple of facilities that do this; and the facilities
right now you'll have, say, five kids and then I mean, in effect, it's the same type so
COSTA: Yes.
MCCALL: Thank you.
COSTA: You're welcome.
ALAMEDA: Any other questions? Commissioner Siracusa?
SIRACUSA: Yes. Here, I think it was your opening sentence. You said you, with some
minor changes and wording, did you want
COSTA: Yeah, we're not licensed by the Department of Health. We're licensed by
the Department of Human Services.
SIRACUSA: Oh, I see. Okay.
COSTA: So that's why we want to change that lingo at the end.
SIRACUSA: Okay. Thank you.
ALAMEDA: Seeing no further questions Commissioner Rho?
RHO: So how many kids do you have you have in your homes, on average?
COSTA: Five is our maximum. We have an emergency shelter that we hold, house
1 I kids. But we've been in business for 37 years, so we've grandfathered that shelter. It's right
37
here on Kinoole Street, where our shelter and group home is located. Our other group homes are
both five, Hilo and Honokaa, and our shelter in Kona has five. The number, my shelter, my
group home in Honokaa just opened up last October and the State has found extra funding, and
they want to take it up to eight because I have the capacity. I have four, it's a four-bedroom
house, big bedrooms; and now they're saying that the space is there, they have the money. Our
State doesn't have foster homes or other programs to put these kids in. And when they see
successful programs, they want to utilize that and take us to capacity, which is why they're
saying they want to take us to eight in Honokaa.
ALAMEDA: Commissioner Rho? Follow-up?
RHO: So if you didn't have that capacity and there was great need or even, well,
great need, period, let's not talk about where that need is exactly in terms of geographic, but if
there was great need, would you folks actually open up another home?
COSTA: Yes, we would.
RHO: So, you know, there has been this talk about eight being economic, an
economic basis for that number eight
COSTA: We've survived with five.
RHO: Okay. Well, that's good to know. Thanks.
ALAMEDA: Ms. Costa, I have a question. You mentioned something different from
some of the previous testifiers and that is actually the foster home and foster kids as opposed to
kids who are, say, mentally ill or have special needs. How large is the foster need issue in the
State?
COSTA: I don't know the State numbers, I know islandwide we have 400-
something kids in foster care, islandwide.
ALAMEDA: And is it easier to find a foster home?
COSTA: We don't have enough foster homes, which is why my shelter, which is a
temporary shelter, is always at capacity, because they don't have any place to put these kids
because we don't have the foster homes or programs to put them in.
ALAMEDA: And if we had programs to put them in, would that, how would that be
different from sending them to your shelter?
COSTA: In what other kind of other programs are you thinking?
ALAMEDA: Would it be better if they were in a foster home rather than your shelter?
COSTA: It all depends. We have kids who do well in a family setting and we have
some kids who are just totally against family, they have a lot of issues with family. So
38
sometimes living with peers helps them settle down, deal with the issues so they can reconnect
with the family.
ALAMEDA: I see. Okay. Thank you.
COSTA: You're welcome.
ALAMEDA: Seeing no further questions, you may be seated. Okay, moving right
along, that was pretty good in terms of time. You guys are getting better. You must be tired,
too, huh? How about Clara Ichiriu, James Igawa, David Ridley, Luz C. Alipio?
PUBLIC: She left.
ALAMEDA: She left?
PUBLIC: Yes.
ALAMEDA: Okay. And what about Henry Peterson? How about Brandee Menino?
Please raise your right hand. Do you swear or affirm to tell the truth now before the Hawaii
County Planning Commission?
TESTIFIERS: I do.
ALAMEDA: Thank you. How about, we can start with you, ma'am. Could you please
state your name and address for the record.
ICHIRIU: My name is Clara Ichiriu and my address is 17-191 Ipuaiwaha Street.
ALAMEDA: Okay, you may proceed.
ICHIRU: We live right next door to that facility that's going to open, and right now
they have about three teenagers. I think three because I saw three girls; and with that three,
they're making quite a bit of noise. So when we have 20 in that facility plus, what's going to
happen to us, if we're living next door? And we're not young, so we need that peace and quiet,
right? So I would appreciate it if you'd think twice about this amendment. Okay? Thank you
very much.
ALAMEDA: Thank you. Any questions for Ms. Ichiriu? Seeing none, thank you for
waiting patiently and coming out today, appreciate it. You may be seated. Sir?
IGAWA: James Igawa.
ALAMEDA: Address?
IGAWA: It's 17-101 Palua Place, Keaau Ag Lots. I'm against this proposal. Let
me talk about the financial aspects of it. This lady here lives right next door to that facility,
worked hard to buy the place, built a house; and now with the Marimed moving right next door,
the value of the property drops. I don't care what they say but, you know, you can take a poll
39
amongst yourselves, if you would buy a property right next door to a rehab house, I don't think
you would.
As far as the number eight that Alvin Rho brought up, I think Marimed had to go to eight to
make it financially feasible, because if they bought that house at a high cost, they got a large
mortgage. And, now, what they're planning on doing is driving those kids from Keaau to
Papaaloa, 50 miles away, for training and then driving them back at night. We have these kids
all pre-stressed to begin with, and we now drive them 50 miles to a training facility, Papaaloa,
and back every day. So instead of sleeping over an hour in the morning, you get them up and
take a drive over to Papaaloa and back. Now, that's only Marimed. These kids are brought into
those homes to sort of assimilate and live with normal citizens.
Now, we had a meeting voting on this subject, Homeowners Association, and we were 100
percent against Marimed moving into the facility. Now we have these kids all stressed knowing
that everyone don't want them in the community. So I don't know how this is going to help the
kids as far as being assimilated into the community. And I think it should be voted down. If it
was up to me, the quantity, the number would be zero in a residential area. Don't want them
there, period.
ALAMEDA: Thank you. Any questions for Mr. James Igawa? Seeing none, you may
be seated. Mr. Ridley, could you please state your name and address for the record?
RIDLEY: My name is David Ridley. I live at 1787 Haleokea Street in Hilo.
ALAMEDA: You may proceed.
RIDLEY: I'm speaking in favor of the amendment. I'm not a paid employee of the
State of Hawaii or any mental health organization. I happen to be in private practice as a
counselor. And in the spirit of full disclosure, I should let you know that up until 12 years ago, I
was the head of the Hawaii County Community Mental Health Center; and we've had
residential programs on the Big Island since the early `80s, perhaps even before that, and by and
large they've been a very good service for people who happen to have mental illness and
substance abuse problems.
Currently, in my volunteer capacity, I'm the chair of the Advisory Board for the Mental Health
Association on the Big Island. Our job is to educate and advocate for better services for people
with mental illnesses. I must say, after listening to some of the discussions today, I don't think
that we've done a very good job over the years, because the same kinds of issues that are being
brought up today, nimby and misfits and so forth, sad to hear that those things are still being
spouted in 2006.
I'm also on the Advisory Board for the Big Island Mental Health Kokua, which is an agency
which provides residential services and has about six, seven, eight group homes throughout the
Big Island, providing a very valuable service for young adults with mental illness. Very few
problems with these programs. And I realize that the question today, really, is not so much
whether or not these programs are to be allowed to be here, they're here. The question is, really,
are we going to increase the size of these programs from five to eight; and I'm certainly in
support of the increase for several of the reasons that were mentioned earlier.
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But there was a question, I think Mr. Rho brought up about why number eight. From my own
background in counseling, the number eight has always been used as kind of a benchmark for a
therapeutic number of people who could get together and benefit. If you get too much smaller
than that, you end up losing perhaps people's participation; and if you get too much larger than
that, people feel somewhat anonymous and not part of the group. So I'm not sure that that's
exactly what the thinking was as far as the number eight goes, but it certainly seems to be
consistent with what most people in the field consider to be a reasonable number for a
therapeutic situation.
So, in closing, I would just ask you to give a serious consideration to supporting this amendment.
We put a lot of energy, all of us today, into, I guess, discussing it. Mental Health Association is
an organization whose role is to try to bring educational information to the community. If
there's a way that we could be a catalyst for perhaps bringing people together to work in a
community housing situation, I can picture a situation where somebody might start up a scrabble
tournament on a Tuesday night at the group home, or someone else might call for a barbecue or
potluck on Saturday afternoon at their own home and invite the neighbors over, things that we all
do in our regular communities. You know, somebody might be interested in doing gardening to
beautify the home. There are much better, I think, ways of spending our energy and our time
than doing what we're doing today; and I wish you the very best in your decision-making.
Aloha.
ALAMEDA: Thank you. Thank you, Mr. Ridley. Any questions for Mr. Ridley?
Seeing none, you may be seated. Mr. Peterson, please state your name and address for the
record?
PETERSON: Henry Peterson, 35-1646 Ueki Road in Papaaloa. And Nancy Cabral, the
real estate broker, has said a lot of what I was thinking; and I have to second everything she said.
And as such, I have to oppose this amendment as it now stands. I thought that Nancy Cabral
made some very constructive statements that could be considered by the board and possibly
improve on this. It seems to me, it's just much too general now, wide open. And who knows
what's going to happen, where, maybe not tomorrow but in the long term. And it just happens
that Marimed Papaaloa moved in adjacent to my lot; and the result of that I can say that both
Marimed and the County and State agencies can do a lot to vastly improve public relations in the
entry of these places into these neighborhoods.
It just happened to be a coincidence, I was working down near the boundary with the Marimed
lot and the group of the executives from Marimed happened to be there and introduced
themselves. And that was first I had ever found out that they were moving in there. When I
announced this to the other members of our group, then we started to inquiring from the various
County and State agencies, Health Department in the State as to, about this; and we were
completely stonewalled. Nobody would admit even hearing of this even though the County had
already provided the money to buy Marimed quite a bit previous to that since everything had
been arranged, and they were ready to move in in just a matter of days. And they had gotten a
special health permit to have eight people, that didn't seem to be any problem for them; and I
don't understand why anybody else is having problems if it worked that easily. And so why
The only thing I can see that this will do for eight, along eight people, is make it easier for, they
41
don't have to go to the Health Department, Planning Division and so on to get the special
agreement. So I do not approve of this amendment as it stands.
ALAMEDA: All right. Any questions for the testifier? Commissioner Siracusa? -
SIRACUSA: When you say that Marimed has a facility right next door to you, have you
had any problems with that facility? Would you say they're good neighbors, or just regular like
everybody else, or bad neighbors, or how would you qualify them?
PETERSON: I would say they're quite, have been good neighbors, been relatively few
incidents if anything, mainly running a commercial-type diesel generator at two o'clock in the
morning and things like that which were settled. Other people had problems with driving on the
roads. We just have a one-lane road like lots of Hawaii to go and come on; and, again, I haven't
had a real problem that other people have the problems.
ALAMEDA: Commissioner Siracusa, follow-up?
SIRACUSA: Yes. So, would you say, I mean, I have neighbors who run their
generators real loud in the middle of the night and they're not an assisted living facility or, you
know, anything like that; and, I mean, everyone has got neighbors. So would you say that
they're no better or no worse than any other neighbors, generally speaking?
PETERSON: This Marimed at this particular place, yes, I'd say that there has been no
problem for me.
SIRACUSA: Thank you.
ALAMEDA: All right. Thank you. Seeing no further questions, you may be seated.
Okay, Ms. Menino. Please state your name and address for the record?
MENINO: Hi. Brandee Menino. I'm the Homeless Program Administrator with the
Office for Social Ministry. My office is at 140-B Holomua Street in Hilo. I'm also a tenant, a
resident of 17-474 Ipuaiwaha Street in Keaau Ag Lots. So it's interesting that our neighbors are
not in favor of this ordinance as I am in favor of this amendment.
Previous testimonies talked about the homeless numbers, and that's pretty much where I'm
coming from. Last year we served over 1,500 individuals islandwide, and that's only with our
organization. There are other organizations that help and serve the homeless. We work with
Day-Lum. Day-Lum is our landlord for our present re-entry program; and they rented us that
unit on Kinoole Street, which is 20 studio apartments and two two-bedrooms for the purpose,
well, they didn't know before, but we told them after that, we were helping prisoners transition
back into the community. Without that assistance, they would be more at risk on the streets and
on their own.
We are partnering with all the Judiciary agencies, Hawaii Paroling Authority, the Probation
Office, Hawaii Intake Center, the Community Policing. So it takes a community, non-profits,
the government, community members to address social service issues in our community on our
island, `cause homelessness touches upon all populations, not just the severely mentally ill or
42
people struggling with substance abuse. We've helped the elderly in which their own families
kicked them out of their houses. Because their children take over the house and kick out the 86-
year old kupuna, in which we'd have to help. Then how do you find a social security income
individual find a unit that she can afford on Hawaii Island? How can you help youth aging out
of the system in foster care, now 18 with no money, on DHS, in the housing crisis we are in
today? We were tasked by our government, by our community, to think outside of the box.
What are some ways in which we can increase the number of living units, the number of beds in
our community? As a new housing provider, we also serve eight apartment units, six two-
bedrooms, one one-bedroom and a studio for homeless families. We were contracted by the
State to only allow not more than two people in each room. So that magic number of eight, as
was mentioned earlier, could be because of the four-bedroom,
As Roxanne had mentioned earlier, if you have a three-bedroom house and you can only put up
to five, you could put one person in there to make it to six. As an operator, you're not going to
put 20 people in a three-bedroom house. There's no manageability of the operations, there's not
a manageability of staff to client ratio. So you're going to have to be smart in opening up a
group home and not overcrowd it. So I don't think that's the intention of group homes.
I think you guys asked about the numbers of mentally ill or the homeless earlier. Sixty-five
percent of those we have served have a severely-mental illness. That's probably a modest
number, you know, `cause, again, we're going by self report and observations. And there may
be deeper issues that we haven't addressed yet that takes a long time to build and establish
rapport and a trust with people who are on the streets.
So, again, we're the agency that nobody else wants to serve, you know. We're the group that,
you know, our community says let's help them, but not where I live. And that saddens me as
probably one of the younger people in this room, `cause that's going to be my community and
my life later to help and serve our people, our kids, our kupunas, our families to live together and
take care of our own. Thank you.
ALAMEDA: Thank you Ms. Menino. Any questions for Ms. Menino? Commissioner
Iwashita?
IWASHITA: The 65 percent you're talking about is 65 percent of what?
MENINO: Severely mentally ill, those we have served through our homeless.
IWASHITA: This is your clientele?
MENINO: Correct.
IWASHITA: And how many, what was the total number that
MENINO: Fifteen hundred.
IWASHITA: Last year?
43
MENINO: Correct.
IWASHITA: Okay. And you have projections on how many you want to serve this year
or next year?
MENINO: There's an increase. I've been at the OSM for about five years; and there
was an increase from like 900 within the past five years to 1,500. And there are probably more
because we've gotten more staff on our team. So it's, again, depending on how much people we
have on staff that can work with people individually. And we're working with our community
that already has put up barriers and walls because they have Section 8, they have a rental
subsidy. They're credit-challenged. We've also worked, right after 9-11, all the hotel workers,
you know, all their mortgages were up and they didn't have money, so we had the financial
system to help them temporarily. So I think about six months we offered financial assistance so
that they could stay in our home. So it's not just the very low income. It's the working poor
working paycheck-to-paycheck, and you have a medical problem, you have a, I've got to "fix my
car," you know, they're at risk of not paying their rent on time. So it opens up what, the
definition what you believe what homeless is it's not just people with disabilities.
ALAMEDA: Commissioner Iwashita, follow-up?
IWASHITA: No, thank you.
ALAMEDA: Okay. Any other questions? Commissioner Salavea?
SALAVEA: Thank you, Ms. Menino. Thank you, Mr. Chair. Ms. Menino, if you took
out the residential housing from the equation and you weren't able to use those units, how
substantial would be the loss in terms of your ability to serve your clientele?
MENINO: Well, there's a large impact. You know, we're thinking of just adding
three more beds to one facility. Being a new housing provider, there's a whole bureaucratic tape.
You know, we call the Division at the Mental Health the dark side, `cause you've got to go and
do all this red tape just to acquire money which could take more than a year or two, then, you've
got to look for a contractor and building You know, I didn't know I went to school for all that.
Now, I've got to learn all this square footage, and how big is this, and how many is that. That,
again, you're working with the County and the State and it takes another year and two. We were
working on a place, a drop-in center, not even a residential program in West Hawaii that took
nearly two years to open up, from acquiring money, to building it, actually that was donated,
actually not even money for that facility, time to build. Here we're saying that there is a housing
right now, I can increase it by three more beds, I can help three more people. `Cause it's not,
we're not asking to solve homelessness today but we can by little creative ways outside the box
by maximizing the resources that are available.
ALAMEDA: Commissioner Salavea?
SALAVEA: Thank you, Mr. Chair. In reference to previous comments made where we
would be able to, in the best case scenario, we'd be able to locate group homes in more pertinent
areas, I'm trying to get at how would that work from your perspective as a day-to-day provider,
44
how would that work in the realistic terms like right now? `Cause you've got to deal with what's
on the ground today.
MENINO: Correct.
SALAVEA And I agree with some of the concepts that we need to move to designate
more areas. But if we had to wait for that, how would that impact your ability to serve?
MENINO: There'll be a lot more homeless on the street if there wasn't housing
providers available, which there is a slim You can count them, probably like six. There's
always hesitation from providers coming from Oahu here. There was that one about Puwailani,
they didn't want to come `cause you have these geographic territorial issues like, "You sure
when we come that, you know, we're not stepping on anybody's feet about it?" And we're like,
"No." There's just not enough beds, you know. We, as working with people on the streets, can't
offer them much housing available, `cause there is none.
SALAVEA: Okay, final question. Of the population or the current number you serve,
is there a waiting list or are you meeting demand?
MENINO: There is no waiting list. We have to see and engage with every referral or
every person we see on the street. We don't turn anybody away.
SALAVEA: I guess my question is, could you use more beds, basic, the basic bottom
line?
MENINO: Yes. Last year of the 1,500 we served, we were only able to help 368
individuals move into shelter and housing options.
SALAVEA: All right. Thank you, Ms. Menino. Thank you, Mr. Chair.
ALAMEDA: Thank you. Seeing no further question, thank you. Commissioner
Iwashita, you have a question?
IWASHITA: Well, I'm confused now because you said you have to place everyone, but
now you just said you only placed 300-some odd number out of the 1,500.
MENINO: Fifteen hundred living on the streets, of those 368 moved into housing.
ALAMEDA: But you're still serving those on the streets is kind of what you
mentioned?
MENINO: Correct, the 800-something.
ALAMEDA: Served and placed is two different things.
MENINO: Correct. Placed into the emergency shelter, the transitional housing
programs, the domestic violence shelters, Salvation Army, Community Health Kokua, yeah.
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IWASHITA: So there's over 1,100 people you serve that are still homeless?
MENINO: Correct.
IWASHITA: Okay.
ALAMEDA: That's interesting. Thank you.
MENINO: They hide, yeah? Yeah, Fern Forest, Paradise Park, squat, tents, in your
cars, yeah.
ALAMEDA: They hide. Well, thanks for bringing that insight, appreciate your
testimony. All right, moving right along, Richard Thunman, Rachelle Agrigado-Lancaster,
Chanmaine Mattos, Dr. Steven Zuniga. How about John Barbour. All right, this is to let you
know if Harland, Carmen and Richard is still here, you'll be up next. It's just that, as five
testifiers go, we add five more, so
PUBLIC: A question before we start?
ALAMEDA: No, you may not, song. We get to ask the questions, you get to make the
statements. However, you could ask one of our staff if our staff is willing to maybe entertain
your question on the outside. If not, then we apologize for that. All right, will you please raise
your right hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning
Commission?
TESTIFIERS: Yes.
ALAMEDA: Okay. We'll start on my far left now, just change it up a little bit. Could
you please state your name and address for the record?
MATTOS: Charmaine Mattos, 88 Kanoelehua.
ALAMEDA: Okay, you may proceed with your testimony.
MATTOS: Okay. I'm with Family Guidance Center in Hilo, I'm a mental health
supervisor. Our agency serves a lot of the kids in our communities, 460 kids statewide is the
number that we serve. hi Hilo alone and Puna I think it's about 300-something of those kids that
we serve. We provide them group homes, foster homes, intensive home-based services, multi-
systemic therapy services. There are a number of services that are provided to these kids and
families.
I am in support of the amendment; and as far as increasing the number of beds from five to eight,
I think we are serving them right now, we have the group homes available now. All we're
looking at is serving three more. So, you know, I hope that you folks can support that. I do
understand Ms. Cabral's concerns. I hope you take that into consideration as well. You guys
have got a lot of work to do. Thank you.
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ALAMEDA: Thank you, Ms. Mattos. Any questions for Ms. Mattos? Seeing none, you
may be seated. Ma'am, could you state your name and address for the record?
AGRIGADO-
LANCASTER: I'm Rachelle Agrigado-Lancaster. My office is at 88 Kanoelehua Avenue,
Suite 8204.
ALAMEDA: You may proceed.
AGRIGADO-
LANCASTER: I'm a mental health supervisor for Family Guidance Center. I serve the
Puna section; and we're under Child and Adolescent Mental Health Division; and as Ms. Mattos
mentioned, we serve over 400 youths. I currently have 150 clients registered in the Puna area.
Thirty percent of the clients that I supervise in the Puna area are in-and-out of home placement.
So I definitely support the amendment because the more kids that we can help serve and help
house, I mean, the better our community will be.
I just want to reiterate what was already said before in previous testimony that this is, these are
our children; and substance abuse, the mental illness, it doesn't discriminate. And it's not just
the poor people out there. I mean, we have kids that we serve that have parents who are doctors,
who are lawyers, you know. I mean, it can happen to any one of us. And to put myself in a
position to say Okay, if my kid needed help, I'm a parent, if my kid needed help and we
needed to house him in some kind of therapeutic group facility, I definitely would want my child
to remain in the community. I wouldn't want them uprooted, sent to Oahu, sent to Maui,
because it's hard for them to get re-integrated back into the family. And part of what Family
Guidance Center does is we support family reunification, that's very important. And statistics
will show that having the family involved from the very beginning until they are ready to
transition home is important; and it costs a lot of money for us to send our families on a weekly
basis off island to have these face-to-face visits with their kids, have the family therapy that is
going to take for the kid to be okay when they come back home, I mean, that's very, very
important. And we can't lose sight of that.
And, you know, what I'd also like to say is a lot of the kids out there, regardless of those who
entered the group homes, they're out there breaking the law, they're out there using drugs,
they're out there having unprotected sex. I mean, it's happening right now, right in the
community regardless of the group home.
And like I said, I have 150 kids out in Puna. The majority of the kids that I supervise, I mean, I
supervise care coordinators; and on their caseloads, majority of the kids are in the Keaau schools.
So it's in the community as we speak regardless of where they're housed. So a lot of the police
calls and a lot of outreaches are happening in family homes, in biological homes. So, I mean,
they're in your community already; and what we're trying to do is to bridge that gap and, I mean,
help these kids. If they need this certain level of care, we want to be supportive of that. And
why not help the community, I mean, why not step up and rise above the occasion, community.
We need to help our kids. This is, they're the future. I mean, these are the people who are going
to be making, sitting at this table in the future, making decisions for us; and I just think that, you
know, we should be more supportive of helping out these providers who are willing to provide
support to our kids and the families.
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And I wanted to make another point, too. There was one mention about, you know, it starts in
the home that the parents needs to take responsibility. Family Guidance Center, we believe that.
We want to empower the parents. We ask them, you know, this your child, you need to take
responsibility for the choices they make for, you know, where their life is headed. But some of
these parents they just don't know how to do it. And then who's responsible? That's the truth,
who is responsible? But as the State and the community, we need to step up our game and we
need to help these people because they're our brothers and sisters, our aunties and uncles,
cousins. I mean, that's just, this is life and it's staring us straight in the face. And I think we're
trying to take some proactive steps by providing, nurturing families. We're doing a lot of
training, help with parenting classes and stuff like that, so we can kind of We're trying to
catch these kids at an earlier age now so that they don't have to go to the group home, they don't
have to go community/residential We're trying to, you know, we're trying to catch it early on
so we can provide services in the family home and help the home support their own child. We
want to do that; and that's what we're trying to do.
But right now, with what we're faced with, it's really important to have these homes out there
that could house a couple more kids because we are put sometimes between a rock and hard
space. And we need to show up for court, with Family Court; and you know where we're tasked
to find places for the kids and sometimes they say, "Where do you put them?" I mean, we don't
have enough.
So I think, you know, I'm sorry I'm very passionate, you know, I feel very strongly. And I
support the amendment; and I think the community needs to be educated about what kind of kid,
what kind of people, these people actually are. Because I took offense to things like, you know,
the home will create a ghetto-like community, misfit. You know what? This is our kids; and to
label them that's, I mean, it starts there. We need to take better care of our own. That's all. So
sorry for being so long, but thank you.
ALAMEDA: Thank you, Ms. Lancaster. Commissioner Siracusa?
SIRACUSA: Yes, you are talking about the family and the home as though it was
something monolithic, as though every family and every home is the best thing that you can
rehabilitate these children to go back to. And a lot of these children are having their problems
because they're coming from dysfunctional homes, they're coming from homes where the
parents are the ones who are abusing them either sexually, physically, or the parents themselves
are on drugs. And I would have felt a lot more comfortable about your testimony if you hadn't
made it seem as though they were all just a family and the home were so idealized, and looked at
the fact that there are some kids that the kids aren't the problem. They end up on the street
because they're running away from the situation at home. And I was wondering if you would,
you know, care to address that.
AGRIGADO-
LANCASTER: Yes, I definitely agree with that. I didn't mean to come off as all of our
families and all of these kids are great and they need to go back home, because a lot of the
population that we deal with are involved with Child Welfare Services. So they are DHS kids,
wards of the State. So, sometimes, I mean, and it's on a case-by-case situation where the home
is not where they need to go back to, which is why, another reason why these group homes are
48
important, because these kids don't have long-term placements to go and return to. So I
apologize. I didn't mean to come across like they're all good homes, because that's definitely
not true, a lot of times that's where the problem is. The problem lies within the family. So a lot
of what we try to do, too, is try to empower the family to try and not to fix it but try to give, them
the skills to be better parents and to create better homes for their children. And sometimes that
might not be even where they end up because it's not appropriate. So I apologize.
ALAMEDA: Thank you. Also, please note that, as Commissioners, we don't have to
feel comfortable with any of your testimonies. So, no, Commissioner Siracusa, you know, that's
why we have a nine-member board and not a single-member board, because we bring different
perspectives to the table and we all work in different places. So, just for the sake of testifying,
you don't have to please us. Commissioner Iwashita, question?
IWASHITA: Thank you, Mr. Chair. Just for the record, you're not going charge for that
advice, right?
ALAMEDA: That's free of charge.
IWASHITA: Thank you. I just wanted to see if you could help provide some numbers.
Again, how many people do you serve?
AGRIGADO-
LANCASTER: Currently, in the Puna area, because I just I guess because this whole
thing, this awareness arose from the Marimed, Marimed has a group home in Keaau area so
that's, you know, the population that I supervise. So right now I have a total of 150 clients
currently registered to Family Guidance Center.
IWASHITA: Any of those homeless?
AGRIGADO-
LANCASTER: Not that I'm aware of. Thirty percent are out of home placement, so none
of our youth that we currently have are homeless.
IWASHITA: You mentioned that need for placement in court cases and so forth. Is
there a waiting list?
AGRIGADO-
LANCASTER: Waiting list from court-driven you mean
IWASHITA: Yes.
AGRIGADO-
LANCASTER: Or just in general court?
IWASHITA: Well, just, court-driven `cause you mentioned
49
AGRIGADO-
LANCASTER: Right. No, we do have a waiting list for out-of-home placements. It not
necessarily has to be court-driven. But just in general there is a waiting list because, you know,
we don't have the availability of beds that we need to serve our population, basically.
IWASHITA; Is there a number for that waiting list?
AGRIGADO-
LANCASTER: I don't have an accurate number as we speak, but I can definitely get those
numbers and provide you folks with the
IWASHITA: More than 10, more than 20?
AGRIGADO-
LANCASTER: I would say less than 20, more than 10, so in between, yeah.
IWASHITA: Okay. That's fine. Thank you.
AGRIGADO-
LANCASTER: Okay, you're welcome.
ALAMEDA: Thank you, Commissioner Iwashita. Commissioner Salavea?
SALAVEA: Thank you, Mr. Chair. The 10 that you, more than 10, less than 20,
constant number, though?
AGRIGADO-
LANCASTER: Yes, yes.
SALAVEA: It's consistent.
AGRIGADO-
LANCASTER: Consistent.
SALAVEA: Okay, just wanted to clarify that. hl terms of, I wanted to focus in on one
particular part of your testimony where you said you do have placements off-island and you have
to, in the whole holistic treatment of working with the family and reunification, you've got to
bring them, you have to bring the youth back to the island.
AGRIGADO-
LANCASTER: We do both. We send the parent up there for some family visitation and
therapy; and we also have the child come back and have, you know, overnight visits and
SALAVEA: And who incurs the cost of that travel?
AGRIGADO-
LANCASTER: We do.
50
SALAVEA: Not the parents?
AGRIGADO-
LANCASTER: No.
SALAVEA: The parents don't pay for that. So, ultimately, it's the State's absorbing
that cost to put the family back together?
AGRIGADO-
LANCASTER: Yes.
SALAVEA: Okay. In retrospect or looking at it, if you're not able to do that part, the
reunification, having that constant face-to-face between the parents and the youth, what impact
would you say that would have if you couldn't do that. If during the treatment, send them away,
send them Honolulu, leave them Honolulu six months, no contact with the family, in your, and
I'm leaning on your professional assessment, what would you say the impact of that would be?.
AGRIGADO-
LANCASTER: Right. Let me ask you this first, so the question is if the plan was I
mean, based on what you said, if the plan was actually to reunify, if that was the plan from the
beginning, right, to reunify with the family but we were unable to provide that, it would be
detrimental to the youth? Because once they made, they met all the treatment goals in the
facility, they would have to come back to this community. So if no work was done here in the
home and in the community, then I would foresee the kid relapsing. Because, I mean, it's hard
for them to, it's like putting a band-aid on things, you know what I mean? You're going to band-
aid it, the kid is all good, you bring them back home and into the community and nothing here
changed, then to me, it's for nothing.
SALAVEA: And then, follow-up, Mr. Chair?
SALAVEA: When you say relapse, just give the Commission some examples of what
that might be.
AGRIGADO-
LANCASTER: Okay, then what would happen is A lot of times a lot of our kids that we
deal with are court-involved with Juvenile Court and also with the FDF cases, which is with
CPS, Child Protective Services. For our juvenile case, say the kid is in treatment on Oahu,
maybe even court-ordered by the Judge, we're not able to provide the place and whatnot, and the
kid doesn't have that family therapy, what I foresee happening is the kid coming back home,
blowing out of the home, not being able to follow the parents' rules because the parent doesn't
know how to structure their home. They don't know what the kid was learning up there in
therapy so they're going to come home, be completely out of control, maybe go out there, run
amok in the community, and maybe rob a store or something, will go back to court, and the
Judge will order us to find another place. So the kid unfortunately bounces from placement to
placement. A lot of our kids go in and out because we don't have, you know, we don't have that
bridge between the family and the child. So that's why it's important for us to address these
issues here in our own community and make it safe for everybody, you know.
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SALAVEA: Thank you, Ms. Lancaster. Thank you, Mr. Chair.
AGRIGADO-
LANCASTER: You're welcome.
ALAMEDA: Thank you, Commissioner Salavea. Any further questions? Seeing none,
Commissioner Rho, question for the testifier?
RHO: I don't know how to phrase this. If you had three more homes in the Puna
area, you would basically be able to meet your needs, more or less?
AGRIGADO-
LANCASTER: Homes or beds?
RHO: Well, homes. Let's say the current rate is like five to a home, right? Is
that not right?
AGRIGADO-
LANCASTER: Yes.
RHO: So if you had three more homes, then you would be
AGRIGADO-
LANCASTER: Better off.
RHO: Better off, definitely, right.
AGRIGADO-
LANCASTER: Right.
RHO: So what prevents you from getting those three homes?
AGRIGADO-
LANCASTER: Three homes or three beds?
RHO: Three homes because you need 15. You have 10 to 20 kids who are
homeless or, you know, on the waiting list. So to meet 15 kids' need you, you would basically
need, at this present time, three homes.
AGRIGADO-
LANCASTER: What we usually do is when children are on waiting list, sometimes like
we have to look out of the box. So a lot of times even though the plan is to keep the kid in their
own community, if the resource is not here
RHO: No, no, no, no. Stop, stop. You have 15 kids who need placement. I'm
saying, what stops the development of three homes in the Puna area in their community.)
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AGRIGADO-
LANCASTER: Providers are constantly trying to recruit families to get more homes
RHO: No, I understand that. I'm saying, you have a need, yes?
AGRIGADO-
LANCASTER: Correct, yes.
RHO: So, you have providers
AGRIGADO-
LANCASTER: Yes.
RHO: I want to know why the provider can't develop three more homes to meet
your need and collect money from the State of Hawaii?
AGRIGADO-
LANCASTER: I believe the increase in beds is what we're looking at now.
RHO: No, I know that. I'm saying you want to increase the number of beds. I'm
saying why can't you increase the number of beds by increasing the number of homes?
AGRIGADO-
LANCASTER: If there are no homes that are willing to step up to the plate and become a
therapeutic foster home, then we don't have three homes. Is that my question?
Is that the answer?
ALAMEDA: So there's no interest, there's no interest.
RHO: No, okay. Let's go to Marimed, then. Why can't Marimed buy three
more homes to meet the 5, 5, 5 for 15, is what I'm asking. I don't know the answer. I'm asking
you.
AGRIGADO-
LANCASTER: Okay. And I can't answer that question. I mean, fiscally, and I don't
know how
RHO: And the reason I'm asking that question is, and the guy left, I think, but
Ridley, he's the only one out of all that testified, and there were a number of mental health
people here, who talked about the reason for the number eight.
MIRANDA: I can answer the question but I don't know what the formalities are.
RHO: No, you can't, I guess you can't. But I'm just tossing that out to you.
ALAMEDA: And you can pass or you don't have to answer the question if you don't
know the question. So-.
53
AGRIGADO-
LANCASTER: Yeah. I'm not, okay.
RHO: Thank you.
ALAMEDA: Commissioner Rho, if you want that answered, I could recall a previous
testifier who may have the knowledge.
RHO: Maybe at the end after we go through
ALAMEDA: All right. Seeing no further questions, thank you, Ms. Lancaster, you may
be seated. Ms. Mattos, you may be seated. Moving right along, sir, can you state your name and
address for the record?
BARBOUR: My name is John Barbour. My address is 6 Weloka Road, Kapehu
Mauka, on the Hamakua Coast, in the neighborhood of Marimed. And I'd like to state the
obvious. There's a problem, it's a serious problem; and the problem is community resistance.
What do we do about it? And will this amendment that you're proposing help it or exacerbate
the problem? My feeling is that presently it would exacerbate the problem. I don't want to
reiterate what everyone else said `cause you guys have been here for a long time, and we
appreciate the time you're putting in. However, we do have to address ourselves to the problems
as such and define them. And first and foremost is that we have much too broad a definition of
the therapeutic patient, which leads to so many concerns in our community. Take a look at what
we have, we have the homeless, we have foster children, we have mentally ill, we have elderly,
we have drug users, we have criminals, convicted criminals on rehab; and this is too great a
variety for the community to deal with. Rene, you were asking my neighbor, Henry Peterson,
just a minute ago about whether Marimed has been a good neighbor; and this comes to the crux
of the problem. Yes, we've had a few problems, we have traffic problems, we have some
garbage and so on that's thrown out on the roads that were not, by someone abused before. But
that's, you get that with any neighbor.
However, there's one distinction here; and that is you were asking what constitutes a good
neighbor; and a good neighbor is one who does not pose an on-going threat to the community.
And where you have drug users, people that can get away easily enough, walk off from the
institutions such as Marimed, go off steal from other families, homes; we have neighbors who
are actually petrified at the presence of Marimed and its patients in the community. And we
have to distinguish between the elderly, the homeless, the handicapped in many anyways versus
the potential criminal element that we are injecting into the community.
As we move into a larger perspective of putting eight residents in as opposed to five, we're
exacerbating a problem; and where we feel that you are removing more and more of the
community input and control as you put into our community elements that should be placed
elsewhere; and this is a problem, again, of zoning, We do need to have other accommodations
for this element apart from the handling of the elderly, the impaired and others which I just
discussed. This has to be addressed. Our zoning is inadequate, it's vague and it would be
premature for us to move in the direction of the amendment to be in favor of it at this time until
things are better defined; and that's my position on it. I am opposed to the amendment.
54
ALAMEDA: Thank you. Thank you for your testimony. Any questions? Seeing none,
appreciate your concise testimony. We made up some time there. Thank you. You may be
seated. Sir, could you please state your name and address for the record?
R. THURMAN: You guys don't remember me from the Kona meeting I take it.
Last one speaking.
RHO: We do.
R. THURMAN: Oh, okay. Well, thank you. Richard Thurman, 17-204 Meaulu, Keaau.
I'm trying to gather my thoughts here. Quite honestly, listening to a lot of the State and County
health assistants and so forth and so on, I just don't know how in the hell I got to be this old. I'm
in a quandary. We've got the State Department of Health, and under that umbrella, so far I guess
I've heard maybe what, six, seven, eight, different sub-sections of assistants underneath that
umbrella; and then we get down to the private assistants levels and then that umbrella is
overwhelming. And I guess the reason we're all here is because one of those legs on that
umbrella has created a situation to where there are a lot of uncomfortable people.
Twenty years ago at the Planning, if the Planning Commission that was sitting here 20 years ago
could have foreseen what was going to develop today, do you think that they would go back and
handle this the same way? If they were going to develop a 20-year plan of how they're going to
direct and foresee and guide our thoughts on how we're going to develop the community,
because 20 years ago we all knew that, 30 years ago we all knew that the population was
increasing, we all knew that we had to have infrastructure, we all knew we had to have fire
departments, schools, health departments, mental health departments, state health departments
I mean, we're an animal that keeps growing; and we're not going to die back unless we have the
great big one hit us, or someone comes down and swats us, or bigger powers than us. So I think
that things would have been done a little differently if somebody would have had a little bit of
forethought. But now we're in a situation to where I think we have people that are trying to put a
band-aid over a situation that has imploded.
I remember back when I was kid and I was just about ready to get out of high school, and that
was during the Viet Nam War, '68-'69, if you were a kid that was 16, 17 years old and you got
caught stealing a car, or you got caught drinking alcohol, or you got out and got caught smoking
pot, you had two choices. You went to jail or you went to the military; and the court issued you
a military exemption, and you were ruled as an adult, and away you went. Now I just happened
to have a son that happens to be in the Navy, he happens to be out in the middle of Pacific right
now, so I think back in my days of when those types of things were being controlled and
happened.
You know, I would love to stop the war, I would love to have a place where everybody could
live, I would love that nobody was on the street. 1 mean, I wish everybody, we were, everybody
had everything that we all wanted and wished for. But, unfortunately, that's not the way the
human race is designed. No matter what we do, no matter how much assistance, no matter how
much patience, there's going to be people, unfortunately, that just do not want to contribute to
the process. And, unfortunately, if you want to go back and look at the prison recidivism rate,
you want to go back and look at the juvenile recidivism rate. And I just learned something from
this young lady over here. We have been using the words "juvenile challenged," and there was
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no court mandated system, and that these kids were on placement, and they're out placement.
And then finally she says that Marimed does handle court-ordered juveniles; and that there is a
great possibility that these in my specific development are going to be court-ordered juveniles.
Now I think the last time I brought up the situation about being in the middle of all the schools,
and so forth and so on; and I'm going to wind this up real quick. As Planning Commissioners,
your responsibility is to plan; and this ordinance is not planning. This ordinance is a band-aid.
The proper procedure for development is when you open a business you go out, you look at a
site, and then you're thinking to yourself, "Okay, well, my business is this, has this got the
proper infrastructure for me to be able to provide the service, do I need rail, do I need air, do I
need feed, what do I need?" And then finally, I come in and I either build this building to suit or
I go find a building that is suitable for my business. I don't come in and buy a building and then
after the fact tell the community that, "Oh, by the way, I've decided to open up an adult theater
next to a church." Thank you for your patience.
ALAMEDA: Thank you for yours. Any questions? Commissioner Siracusa?
SIRACUSA: I just wanted to say that happens all the time. We see people do that all
the time; and that's why they keep coming to us for change of zone applications.
R. THURMAN: And that is the exact reason why in my response that let's try and learn
from the mistakes and not continue to make the same mistake as some of our politicians have
been doing time, and time, and time again.
ALAMEDA: Any questions? All right. We're doing good so far. We got in the
questions, although we are making some statements. So let's exercise discipline as we finish off.
Sir, could you please state your name and address for the record?
ZUNIGA: Aloha, Dr. Steve Zuniga with Big Island Substance Abuse Council, 234
Waianuenue Ave., Suite 101.
ALAMEDA: You may proceed.
ZUNIGA: Okay. I'd like to present some information. I think I've heard a lot of
people discuss and give testimony here. But my concern is that we've actually had about 38
years of prior experience in leaming under the Fair Amendments Act of 1988, you know, which
started back as far as 1968 when laws were needed by the Federal government to be passed just
to protect people from, with race, color issues, moving into communities, and they were no less
passionate than they are in this room today, you know. So with that in mind, you know, I've
heard everything; and I think every community nationally struggles with this issue.
I'd like to say that even group homes for the mentally retarded, when they've tried to move into
communities, they were also challenged; and the Federal courts found that it was discriminatory
to exclude them from communities as well. They have tried from the literature that I've been
reading to look at issues of dispersal, which I think Nancy brought up. They even brought up
issues of, "Well, let's find ways to plan the community. Let's put them in, let's put stipulations
on how close they can build." hi all those cases, the Fair Housing Act found them to be
discriminatory, either in terms of their intent, their effect or failure to make reasonable
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accommodations. You hear today that, I believe one of the women who spoke said there were
1,100 people or maybe 800 people that are still homeless and they're trying to find placements.
It would seem that the County still needs to make reasonable accommodations under the Fair
Housing Act to accommodate them; and by not passing it, even if you set it eight, I'm not sure
even eight is sufficient and demonstrates fair and reasonable attempts. Oxford House, which is a
nationally-based organization, specializes in opening up homes for alcohol and drug addicts.
They're a group of people who come together now. They've never applied for permits when
they've gone into different places to open up a home; and they base it on the whole idea of the
Fair Housing Act. And, so, therefore, they've moved into the neighborhoods, they've been
challenged, they've been taking it to court; and in all the instances that I have here in information
which I can give you, perhaps that will help you make a decision.
What I'm saying today is that I'm not even sure if we arrived at the number eight that that will be
sufficient. As you know, we've been operating houses in the Wainaku area for sometime; and
we have a very good relationship with the community. We're attempting to open one up in
Kona. You know, we have approached people who rent homes to say we'd like to establish a
home, we've been proactive; if they say no, we go somewhere else, you know. I can also say, as
someone who recently moved here two years ago, I found it difficult, and not because it was an
issue of price. It had to do with, well, whom do you know, you know. And unfortunately or
fortunately sometimes a lot of our people that come into our program services, we know them in
the community. And so if we don't rent to them, what are they supposed to do? They have to
come together, move into a home together in order to make it work, and they can't afford the
rents. Inside town they go up, so they have to go outside of town where it cost them more for
gas, transportation, trying to raise families.
You know, we recently had some women in our moms' and babies' home. They had no place to
go. Thank God for people like Aunty Laura who could go next door and talk to the owner and
say, "Do you have some rooms in there? We have some women that have no place to go?" You
know, I just went a few months ago to a National Conference on Methamphetamine, the fastest-
growing population of that population that's afflicted are women. And so you're talking women
and their children. Where do they go? How do they get help? You know, I'm not sure we have
all the answers, and it is a very heated and passionate experience for all of us.
You know, the Fair Housing Act does caution commissions, and state localities, and
governments to be careful about under pressure to not vote in favor, you know, of certain things
that would allow people, allow these protected classes to move in. It's a word of caution,
perhaps this isn't the place. We do the best that we can and then the attorneys are the ones that
ultimately hash it out, you know. So that's what I'd like to share with you today.
ALAMEDA: Thank you, Dr. Zuniga. Any questions? Commissioner Salavea?
SALAVEA: Thank you, Mr. Chair. Is it Dr. Zuniga?
ZUNIGA: Yes.
SALAVEA: How would this, this is along the lines of Commissioner Rho's question,
how would increasing the number from five to eight impact your ability as an administrator to
help that population that you serve? How would it enhance? What would the impact be?
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ZUNIGA: I do know that it's not, we can't operate facilities with less than five, not
even less than eight. It's impossible. The amount of funding that you receive and in-kind costs
that, you know, facilities do contribute when you're able to make any headway, even eight.
becomes almost a break-even point for most facilities. You know, we have to compete with the
mental health system for qualified staff. It used to be, I mean, I'm having difficulty recruiting
staff at $45,000 a year, who has just a high school education and perhaps a certified addiction
certificate. You can't operate facilities and respond to the community's issues on even five.
ALAMEDA: Commissioner Salavea, follow-up?
SALAVEA: Thank you, Mr. Chair. So the concept of going out, say, you have
additional need, you can service, you need to service 15 more going out and opening three more
houses that would be five, five, five, and meet your need. You're saying that it's not cost
effective
ZUNIGA: Cost-prohibitive.
SALAVEA: Cost-prohibitive
ZUNIGA: Right.
SALAVEA: And that's the bottom line of it?
ZUNIGA: Right. And you look at, you know, we talk about how many per room.
Well, you know, you have to go into some of these houses. I mean, we're also constructing
houses in Kona that have huge rooms. You know, some master bedrooms are 30 by 20 and we
go two to a room. Some of those, you can put other people in it, you know. No one here today I
would imagine would object to Betty Ford and her 10 friends moving in together, you know.
She was also and is a recovering alcoholic. There are many of those in our community.
Dr. Kevin Coons has spoken quite openly in the Kona side about his own personal recovery. We
don't have problems with those. And the fact is a lot of our people do get well and do get better.
There are those out there, and I did want to share, you know, we just recently suffered a loss in
our house where one of our RC's took a vacation and went to Las Vegas and doing what they do
best is giving, helping, with the aloha spirit, got hit by a car, and was killed. You know, so,
here's a woman who lives her life helping in the house, to reside in the house, to help someone
like her daughter who had gone to one of our program's services, get back to the community,
you know. These are the type of people that aren't living in wealthy communities who maybe
the life-time dream was to take a trip to Vegas, you know. These are the ones who are putting
their passion and blood into this.
ALAMEDA: Commissioner Salavea?
SALAVEA: Thank you, Dr. Zuniga.
ALAMEDA: Seeing no further questions, thank you. You may be seated. Wrapping
up, I got a Harland Tissue, Carmen Bowman, Richard Walker. Fellow Commissioners, a
previous testifier just asked if she could provide a, seat next to a testifier just for support reasons.
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All right, could you all please raise your right hand? Do you swear or affirm to tell the truth now
before the Hawai'i County Planning Commission?
TESTIFIERS: I do.
ALAMEDA: Okay. No worries for you first time testifiers. You're just sharing kind of
how you feel about the issue and you don't have to read something, you can go straight from
your heart. Try to be concise, to the point, so that it's not too long-winded, kind of wrapping up
here. So why don't I start with man on the right. Could you please state your name and address
for the record?
TISSUE: My name is Harland Tissue. I live at 208 Wainaku.
ALAMEDA: All right, Harland?
TISSUE: I'm here as a client of MHK, I live there currently. I'm here to tell you
that these places are few and far between, took me months to get on. I was on the waiting list;
and, meanwhile, the symptoms of my illness were getting worse. Since being in the program,
I've stabilized and am now currently working towards my health, my mental health.
The problem of getting into the place in the beginning was that there aren't enough beds to begin
with. The concern over neighborhood placement seems to me more of that of a stigma rather
than the actuality of the situation. Mental Health Kokua gets along well with its neighbors. We
interact with our neighbors, we live across from a community park. There are different types of
people with different concerns and they're being treated individually. The programs have helped
me stabilized, like I said. I think that I've had a safe place to live and work on my recovery.
More people like me could be helped if there are more beds available. Thank you.
ALAMEDA: Thank you. Thank you for your testimony. Questions for the testifier?
Thank you for coming out. Thanks for your patience. Sir, could you please state your name and
address for the record?
WALKER: Yes. My name is Richard Walker. My address is 35-1805 Kapehu Road,
Papaaloa. Some of the things I've been hearing today regarding the necessity for residential
treatment programs almost sounds as though the very idea were under attack, that the question
before us is whether to shut them all down or something. The question is how many beds are
available, how many homes are available, how many beds per home? Anybody who is running
one of these places that wants to increase the number of beds has the opportunity and the right to
come before you guys to ask for an increase in the number of beds in a home, and let them do so.
Bless them and let them make the case, let them describe their relationship with the
neighborhood, where they're operating, steps that they've taken to make peace with the
neighbors. Let the neighbors speak up. It's a system that's in place already and it works.
I think what's being considered here is a blanket approval for five to eight for everyone. And I
can tell you with two years' experience with Marimed that compared to, say BISAC or perhaps
MHK, they may be giving residential treatment a bad name. You know, our experience has not
been positive, it has been neutral on good days. And I can give you examples but I'd rather not,
unless you'd like them, you know, traffic noise, that sort of thing, escapes. In fact, at the
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Papaaloa facility the Marimed operates they've been working with eight people to begin with.
And I'm not sure if they were ever, it's because we're Ag-20 zone or if they just told us that was
okay and we didn't say anything about it. You know, the way they came in, again, there are still
hurt feelings in the neighborhood, there is still resentment against them and they have done
nothing to ameliorate that. It's very much a cookie-jar kind of arrangement where they feet it's
better to try to get forgiveness than permission; but they've not even asked for forgiveness, they
just, well, they're arrogant, and that has been our experience with them.
There are other places, other operations that I think we've heard about that have very good cases
for expansion, strong cases. I think they should have every opportunity to make those cases and,
by all means, there are neighbors to support them in those, you know in those cases.
Our experience has not been positive. But to authorize this blanket approval for everybody just
without further review to go, boom, eight, automatic, it denies the public the right to participate
in the planning of their own communities; and I cannot agree with that. I recommend that this
amendment be shelved. Thank you.
ALAMEDA: Thank you. Questions? Commissioner Salavea?
SALAVEA: With the past two years experience you've had with Marimed, can you,
one of the things that I lean upon in decision-making is quantifiable information. So can you
point or give me an example of any police reports that have been filed, any incidents, and what
the infraction was?
WALKER: In terms of quantification, I would say that traffic has, at the very least,
doubled on our little one-lane road, with the occupation of that one property. There have been
four escapes in those two years, one came right to my driveway. The others, one was picked by
police, one turned out he'd been assisted in his escape by his mother and his girlfriend, and the
fourth was never seen again, as far as we know. We had a police report that was just filed about
two weeks ago where one of their staff was doing burn-outs on the road with their transportation
van, their passenger van, which anybody who wants to drive up Kapehu Road can see the marks
today. It might seem like kid stuff but these guys are, you know, licensed by the State
Department of Health; and we would hope to see a little better judgment in the hiring of staff that
should be role models for these kids and not doing burn-outs on the roads. So traffic, police
stuff, screaming at night, things like that.
ALAMEDA: That answers your question, Commissioner Salavea?
SALAVEA: Any thefts?
WALKER: There have not been thefts that we're aware of, no.
SALAVEA: How about assaults?
WALKER: No.
SALAVEA: All right. Thank you.
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ALAMEDA: Seeing no further questions, thank you very much. Oh, Commissioner
McCall?
MCCALL: I just wanted to give some information that we had from the Planning
Director about the Marimed
ALAMEDA: Can you speak into the mike?
MCCALL: I just want to give some information that we were given from the Planning
Director about the Marimed's operation in Papaaloa. You're asking about the legality of it.
And, actually, in the letter that we got said that the Planning Department wrote a letter which he
signed stating that the group home was legal as a drug rehabilitation home, which was formerly
allowed in State law as an exception to normal County requirements for up to 10 residents. And
that law was repealed in 2005; but the house was allowed to go on because it was established
before that. So, that's why they're allowed to have that number. It's grandfathered in, basically.
WALKER: May I ask a question?
ALAMEDA: Sure.
MCCALL: Except I only have this information that I got from the Planning Director,
but
WALKER: All right. That doesn't quite square with what they told us. They
indicated that they would need a special use permit and a public hearing to have more than eight,
but you're telling me that they got from the get-go of that approval for 10?
MCCALL: This is what I have in a letter from the Planning Director.
WALKER: Okay. Thank you.
ALAMEDA: Any further questions? Thank you. You may be seated. And last one on
the list, Ms. Bowman? Could you please state your name and address for the record?
BOWMAN: Carmen Bowman and I live at 223 East Lanikaula Street. I'm a
granddaughter, a daughter, a mother, and I also have a son that has mental health needs. So my
interest in mental health was originally to help my son. I now work in the help, and advocate for
parents, communities to get their voice heard. I've heard numerous people say, you know, that
their voice wasn't heard, especially in Keaau. But I can help and assist and educate them on
what mental health needs are of children, what different diagnoses mean, how they can, you
know, get support for the community that, you know, and come up with a plan that would, you
know, insure safety and things like that.
I also participate on district meetings as well as State meetings on quality assurance and how the
professionals are very qualified to treat these kids. They have the highest degrees from doctors
and psychiatrists to psychologists, to qualified mental health professionals. I know that I could
never afford these kinds of services for my son and they are very, very costly. These homes,
these group homes, and the State has provided an array of services for kids, so it's not that a
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child is left without service. A child may be placed in a service that may be not as appropriate as
they should be; but as soon as one gets opened, they'll move them into another place. And that's
why we really need, you know, group homes, therapeutic foster homes. We're always recruiting.
If you look in the paper, we have different agencies like Hawaii Behavior Health, Catholic
Charities that are always trying to recruit and give incentives to, you know, parents to foster
some of these kids.
I help other parents, give them technical assistance. I support them in meetings and things like
that so that they can better help their kids. I know a lot of parents who have exhausted all their
resources; and the children are older now and, so, I try to help them to become productive adults,
if not going back to their families kind of thing.
So I'm in support, and I don't think there's a difference between five beds or eight beds. I think
the community needs more support in dealing with, you know, a group home, period. And I'm
willing to help, you know, if you folks have meetings and you're interested in finding out about
this area or that area. You know, I can help you bring in speakers and, you know, support the
community that way.
ALAMEDA: Thank you, Ms. Bowman. Any questions for the testifier? Seeing none,
you may be seated. Thank you very much. I thank all of you for your patience, staying with us
during this, almost 3:30 now. I wanted to take five, if there's no objection to that? Seeing none,
let's take a five-minute recess.
RECESSED The Chair called a short recess at 3:22 p.m.
RECONVENED The meeting reconvened at 3:27 p.m.
ALAMEDA: Will the meeting of the Planning Commission now return to order. All
right, it has been a long day and we've heard a lot. I think we've heard a lot on both sides and
actually from different angles, too, so I really appreciate public testimony. I think that's what
these hearings are all about, really. And now it's up to us, as Commissioners, to talk stories a
little bit. Please know that this is the final hearing for our Commission on this particular matter.
So no matter how we vote, it will be bumped up to the County Council for their consideration;
and then the process of testimony and voting will continue. Is that correct, Mr. Torigoe?
TORIGOE: Yes. Basically in terns of timing, this is the last meeting that the
Commission has to consider this amendment. According to your rules, Rule 11-3C, it basically
gives you 60 days. That 60 days will be up about the 131b or so of this month. And if you are
unable to get five votes, one way or another, then, the action, inaction is considered as an
unfavorable recommendation by the Commission. So, again, if you're not able to take an action
one way or the other, it will go up to the Council with a default, unfavorable recommendation.
ALAMEDA: Okay. Just to repeat that in my own words, if we don't get a five out of
six votes, then it'll go up as unfavorable. Is that correct?
TORIGOE: Right. One way or the other.
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ALAMEDA: One way or the other. Okay. Fellow Commissioners, what's your
pleasure? Do you want to air your perspectives for now? Commissioner Rho?
RHO: Can I request that we recall a couple of witnesses if they are available?
ALAMEDA: Okay. Who do you have in mind?
RHO: Bernie Miranda and Jeremy McComber.
ALAMEDA: Okay. Let me ask, it's your will, if you want to
MIRANDA: I just wanted to
ALAMEDA: Okay. You can come forward. And Mr. McComber, you may come
forward. Commissioner Rho, would you like to I did already swear you in, we already got
your address, so you're set. Commissioner Rho?
RHO: I just wanted to go back to that question I had
MIRANDA: It's a good question.
RHO: And I don't know if I have to rephrase it but
MIRANDA: No.
RHO: I don't, okay, go ahead.
MIRANDA: Well, let me make sure I got-. Let me just, just in case, you want to know
what is the justice, why people keep asking for eight, where does that number eight come from?
Is that the question?
RHO: Well, that's number one.
MIRANDA: Okay.
RHO: Or you start there. But I have, the more pressing question for me at this
point in time is, I'm going back to one of these testifiers who said that she had a client load of
150 in Puna, 30 are in residential, some kind of treatment center, and she has 10 to 20 waiting for
a bed. I want to really understand why it's not possible to have, to open up five more homes for
15 more beds, five in each home
MACOMBER: Three more homes.
RHO: Three more homes in each, with five beds in each home to hit 15; and then
you would take care of 15 kids instead of 3 out of the 20. So you can answer the eight; but the
eight is, at this point, I'm kind of over that.
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MIRANDA: That's okay because it links. There's a linkage there why people can't
just, providers can't come in and just open up houses five at a time, because that would seem so
reasonable to do and then it's much easier. It would be easier on me, too, `cause we would have
more inventory. But the difficulty is, first of all, there's a scarcity of housing, there's a shortage
of housing, number one. Number two, economically, it's not economically feasible to open a
house because of licensure has such stringent staffing requirements. And I think the doctor kind
of alluded to that, that it's so costly that a provider wouldn't be able to do it with five. That's
where they struggle; and that's why providers are not that excited to come to Hawaii, I mean,
the island of Hawaii, to open up services here. Because they struggle, they can't make ends
meet, and so they leave the island. So that is why we're strongly advocating for it. So, basically,
it's an economic.
ALAMEDA: Commissioner Rho, does that answer your question?
RHO: One part of it, at least one part of it. So it really isn't a therapeutic
reasoning behind this eight?
MIRANDA: Well, there's a, you know, like Dr. Ridley said, or he alluded to the
therapeutic group. You know, so, there is, there's literature out there that alludes to it.
RHO: But we could argue about that forever.
MIRANDA: Yeah, we could argue about it. But, you know, the bottom line is
economic feasibility. There's a great shortage of housing, like I said; and, economically,
because, you see, our licensure requirements are, like I said, so stringent that we don't just have
somebody go and operate a house without being licensed, if they're going to provide treatment
on site. The other part of the rule calls for certification. That's stringent in itself because there's
housing quality standards that the provider has to meet. But when houses are certified, they're
not required, there is no treatment on site; so then the staffing is a little bit different. But when
you're doing services with adolescents, those houses all require licensure, at least it's my
understanding, although I worked with the adult mental health, yeah, I'm not that familiar with
the child and adolescent division. But my understanding is any time in the State of Hawaii that
you're operating a house that has treatment on site, that you are required by the Department of
Health to be licensed. That's my understanding.
ALAMEDA: Commissioner Rho, almost there?
RHO: Maybe two more.
ALAMEDA: Okay.
RHO: Maybe this is not, well, this is a question. So can I assume that if the State
could pay more that we could get over that hump?
MIRANDA: You could assume that if the Legislature would fund
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RHO: `Cause you're not going to get, I'm just talking about the 10 to 20 kids that
you have now in Keaau or the Puna area, you're not going to satisfy that need by servicing three
more
MIRANDA: No, yeah.
RHO: `Cause you'll have 17 waiting. You'll service three and that's great for
these three kids
MIRANDA: No, you'd have to continually
RHO: But you'll still have 17 kids
MIRANDA: Oh, yeah, you know, the number here with the homeless, the number here
with the children, these are not
RHO: No, but I'm just pointing that out that we're not really meeting the need
just by raising it to eight.
MIRANDA: No.
RHO: That's the only point that I want to make. And the other point, and
whether you agree with that or not and you basically agree with that, yes?
MIRANDA: Well
RHO: That we're not meeting the need
MIRANDA: No.
RHO: By just moving one house to eight?
MIRANDA: No. Can I respond, though?
RHO: Yeah.
MIRANDA: Okay, thank you. I just want to say that the number of homeless, the
number of, and, again, child and adolescents is not my area, but to let you know that that number
is not a static number. Because you're right, the need is dynamic and it keeps changing and it
keeps growing because the problems are growing. But what you need is the inventory to be able
to move people into living situations that are structured, if they need structured
RHO: Right. I agree with that wholeheartedly.
MIRANDA: Yeah. But, and to do that you have to bring providers in or to even
develop providers, the provider base within your own island, you have to make it economically
feasible for them.
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RHO: Right. But, you know, we can go on and on about that. I just want to
make one more point and then ask another question. Is that okay?
MIRANDA: Okay.
ALAMEDA: I don't know about the point but I like the questions. `Cause the points we
can save for our discussion. But if the point would lead to a question, then go ahead. Okay. Go
ahead.
RHO: Yeah, the point will lead to a question. So, you have Oahu and I hear on
the news with eight, yes
MIRANDA: Correct.
RHO: Honolulu with eight. They have a massive problem, at least based on the
news.
MIRANDA: Massive problem, what are
RHO: Homelessness for one.
MIRANDA: Oh, yeah, there is a
RHO: Okay, so you agree with that?
MIRANDA: Tremendous housing shortage statewide because the State stopped doing
affordable housing in the early `90s.
RHO: Right. So to solve that problem, you know, it'll take massive amounts of
money because we have whatever social thing that's happening, and we can go on and on and
on, which is the Chairman doesn't want me to do.
ALAMEDA: Okay, question.
RHO: Right. So my question next is to Mr. McComber.
ALAMEDA: Okay. So you're done with Ms. Miranda?
RHO: Well, yeah, but they might
ALAMEDA: Okay.
RHO: So if we could actually provide for most, I don't want to give you a figure
but let's say we could provide for 75 percent of our, let's just focus in on the kids, the kids who
need this kind of facility, meet their needs, 75-80 percent, you can go 90 percent if you want to,
and we kept the number at five, do you think we'd have a legal problem? I know you're not an
attorney and maybe you don't want to answer that question, but I just wanted to toss that
question out for all of us to think about. Thank you.
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ALAMEDA: You can choose to answer or not. It's up to you.
MCCOMBER: In talking about those that have mental illness or have some other kind of
disability, it may pose a problem if there is, if there are limitations imposed and like they had
mentioned earlier there are vacancies in the unit because they're forced to turn away families. It
could pose a problem because we're not extending an accommodation which is required under
the Fair Housing Act, two persons with disabilities.
And can I just comment on, follow-up on something that Bernie had said, which is, you know,
it's not only a money issue. Even if there was the money to acquire the units, where do we buy
the units without having to, without ending up where we are right now? Because if it's not put in
Keaau, it's going to be put somewhere else; and we're going to be here with that community
going through the same thing again. So, it takes not only the funding but it takes the
community's support to establish those facilities.
ALAMEDA: Commissioner Rho, follow-up?
RHO: I have a comment, not a question, so I won't
ALAMEDA: Thank you, thank you for your discipline. The original request was for
Commissioner Rho. But, Fellow Commissioners, since we have these two testifiers up and we
don't want to keep deliberating the point But if you need more data to help in our discussion
and we have two testifiers here, then you could ask the question. Commissioner Siracusa?
SIRACUSA: Yeah, well, Mr. McComber was, you know, just saying about the
numbers. And they say, well, right now we have a tremendous housing need, a tremendous
housing shortage; and if we go up to eight, we would still have a tremendous housing shortage.
And population is growing, not only by births naturally, but by in-migration. And a lot of people
are leaving Oahu and coming here because they have a feeling that they'll be able to find
housing a lot cheaper here than they are finding it on Oahu. And so the need will increase and
it'll keep increasing exponentially. So do we stop at eight then, or do we leave it wide open?
Where do we end up in terms of the law about putting caps on this sort of thing? At some point,
it seems that we have to look at each individual situation, would you think, and judge whether
the infrastructure and I'm talking about in its broadest tern, sewer, water, you know, the
number of rooms in the house and all of that stuff can support eight or can support more than
that.
MCCOMBER: Outside of that, they can't answer that You know, in trying to do Fair
Housing outreach to the community, it becomes really difficult because in trying to determine
what is sufficient or what is, you know, what the maximum capacity of the infrastructure or what
the neighborhood in general can tolerate, you know, it's all speculative and it's all subjective.
Because as those who have commented that, you know, this will, and I don't know the term that
they use, but basically, there's a negative connotation associated with these types of facilities or
group homes and that, you know, it may negatively impact the community, that's actually an
assumption. And what I try to tell people is that how can you substantiate that any other resident
in that community cannot be just as detrimental as the assumed population of the mentally ill or
the youth.
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So, to, getting back to your question, I think that's a legal question, and I'd rather not answer it.
ALAMEDA: Fair enough. Commissioner Siracusa?
SIRACUSA: Mr. Torigoe might be chomping at the, to answer that one `cause he was
looking over some case law over there. But I just wanted to say that it seems to me that we're,
you know, we have the same problem, you know, in a regular home that's not certified by the
Department of Health and is not therapeutic in any way. There are certain natural limitations
before something becomes an unsafe and unhealthy environment. You're not going to put
people, you know, like in a closet and stack them up on quadruple bunk beds and say that that's a
healthy situation.
So that sort of thing about, you know, equality under the law can be looked at from two sides of
the fence. If the situation is basically overcrowding and unhealthy then it is, whether it's the
general public or special facility. Would you comment on that, please?
ALAMEDA: Okay. Can I comment first, Commissioner Siracusa, `cause we may be
going away from the application, and I want to stick close to the application. This is about
licensure as well and, so, this is not about, you know, people just getting up and, so it's about
licensure.
SIRACUSA: That was, he made the point
ALAMEDA: Well, I know. So I want to ask you, too, as well, stick to the application
which is about licensure. So it's contingent upon licensure. It's not to go deviate `cause that's a
whole different other legal issue.
MIRANDA: Can I respond, please,
ALAMEDA: To whom?
MIRANDA: To anybody? `Cause I would like to answer your question and
ALAMEDA: If it's okay with Commissioner Siracua.
SIRACUSA: Did you want to answer that question?
MIRANDA: May I answer it?
SIRACUSA: Please.
MIRANDA: Thank you. Because it's exactly what the Chairperson said, the Chairman
said, is that if you look at the proposed amendment, it says "Homes that are licensed and/or
certified by the Department of Health." The certification, the licensing process is a very
stringent process. It calls for a public hearing, it calls for meetings at neighborhood boards, it
calls for, you can't just like stockpile people in the house. The requirement is that you put no
more than two people in a room. There are spacing requirements. You have people from the
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County coming out and doing inspections before they even, before the licensing people even get
involved to make sure all the permits are met. Then the licensure people from Department of
Health get involved, and they have all of their requirements. It is a nightmare, believe me. It
takes almost a year to get licensed. So it's a very stringent process, just to answer your question.
SIRACUSA: I wanted to ask you if you're aware that we don't have neighborhood
boards on the Big Island.
MIRANDA: Then it would be a public hearing.
ALAMEDA: Any other questions for the testifiers? Commissioner Iwashita, question,
please?
IWASHITA: Yeah, so it's a puzzle to me why the neighbors, most of them testified to
say we had no idea this is happening or going to happen in our neighborhood.
MIRANDA: And I just learned that because, again, this is a new agency that has just
come in; and my understanding is that they are, the agency is doing treatment and there's
apparently no licensure. So, and I'm not sure about that so I'm going to go back and find out
what that situation is. And, again, I'm with the Adult Mental Health Division, I'm not with the
CAMHD, so, I really don't know the details except what I'm learning from the neighbors here.
So I'm freely giving out numbers for them to call and find out.
ALAMEDA: You have a question, Commissioner McCall?
MCCALL: Yeah, just clarification. So the information you're giving us about public
hearings and stuff is with your group `cause there are several other groups here?
MIRANDA: Well, it should be My understanding is that it is across the board and
any agency providing group home services that have treatment on-site are required to be licensed
by the Department of Health. So I don't understand
MCCALL: They may be licensing out, but we don't have it
MIRANDA: Right. So what I've asked the people here to do is to call the Licensing
Department as I will to find out what's happening in that particular situation in Keaau that the
neighbors feel are not licensed, so
ALAMEDA: Thank you. All right. Thank you very much for your re-entry. That
actually did add to the discussion. So I want to thank Commissioner Rho for revisiting that
discussion.
MIRANDA: Yeah, I'm glad he did.
ALAMEDA: All right. Commissioner Salavea?
SALAVEA: If I may, would you entertain a motion?
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ALAMEDA: Sure.
SALAVEA: Thank you. In the matter of Planning Director Initiated Amendment to
Chapter 25 Zoning Code, I move that a favorable recommendation be forwarded to the County
Council per the Director's, or with the Director, it wouldn't be with the Director's, it's initiated
by him, with the amendment to Paragraph 1, the last sentence to say rather than "the department
of health," it would state, "a state agency," so "a state agency" would replace "the department of
health," the last sentence of Paragraph 1, Page 1.
ALAMEDA: Motion made by Commissioner Salavea. Is there a second?
IWASHITA: Second.
ALAMEDA: Seconded by Commissioner Iwashita. Discussion? Commissioner
Salavea?
SALAVEA: Thank you, Mr. Chair. The reason for my forwarding a favorable
recommendation is I think some of what we've heard today is, it's a difficult decision. And from
both sides of the coin you hear some, you hear community concern regarding public safety; and
in my summation of that testimony, that's what boiled up to the surface in opposition. It was the
public safety issue; and how can we insure by increasing the number, how can we insure that
public safety is maintained. On the flip side, I think we heard a lot of passionate testimony from
providers, State agencies, as well as consumers to the fact that group homes are effective and
they serve a valued purpose within the community; and I think we've even gone so far as hearing
testimony say that providing local services here on island would enhance the treatment rather
than be a detriment, and that's from a professional aspect. And that's why I was asking very
pointed questions to get that information, `cause I wanted the Commission to understand from a
professional perspective data-driven, research-based perspective that this is what has been borne
out, rather than And I don't mean to demean any of the public testimony; but some of what I
heard in regards to public safety, I couldn't quantify how public safety was being endangered
because this certain population would move into their community.
I need, for me, like I mentioned earlier, I need quantitative data; and I didn't get that. So my
primary push is because what I've heard from the professional side that it is, it's a great need,
number one, they specified the need; two, they talked about the enhancement and impact of
serving locally; and, three, that they're, especially from the consumer, I think, from the consumer
testimony, the impact of what can happen when therapeutic homes or therapy is followed
through at the local level, what it can mean to one person's life. And I, we threw around beds,
and number of beds, and one bed. But what we've really got to realize is we're talking about a
person's life, it's not a bed. It's an individual, someone who's down in their luck, may not have
all of the resources that others may have, have this wonderful potential but just need little bit
help to reach it. And, in ending, what my point is to quote, I won't say who it is, but to quote
someone that I respect greatly, he once said that, "The greatest loss of potential is when," I forget
exactly how he phrased it, but ultimately he meant, "The greatest loss of potential is when it's
taken to the grave and never used in life." So I want to give everybody who has, I want to give
everybody equal opportunity and chance to reach their potential; and I think by providing these
extra, I don't want to say beds, but spaces, we help to improve lives in our own community, of
our own community people. Thank you.
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ALAMEDA: Commissioner Iwashita and then Commissioner Siracusa?
IWASHITA: Thank you, Mr. Chair. Yeah, I think we all recognize, and I don't think
anyone disagrees that our community, as well as the rest of the state, I think probably we all
sense that in our community it's a greater problem, you know, as far as homelessness and the
people that need assistance in order to improve their condition for the future. I think, as a
community, well, again, in order for us to really address it, we need your input, the community's
input to come out. And one of the worst things about this State is our voter turnout, the worst in
the country, you know; and that's just And as far as planning, though, in terms of what we as a
community need to do in order to address these, `cause people can, people that say, you know,
go deal with this someplace else, let me just suggest that that's a fallacy. Because whether it's
across the street or across the island, it's still all our problem, you know, it's still something that
we all need to deal with. Because to say, well, if it's not in my neighborhood then it doesn't
really affect me, wrong. Because that one person that doesn't get the help that ends up going to
prison costs each of us almost $100,000 a year to take care of; I mean that's, if we don't want to
count beds, let's count dollars. And, you know, people say, well, this is all about dollars. That's
right, it is all about dollars. Right? You spend, I don't know what it costs exactly to maintain
this bed, right, in the community, but it's not going to $100,000 per consumer, or youth, or adult,
or whatever you want to call that person; it's not going to cost that. But when that person
doesn't get it, it costs us right around $100,000 a year, easy, right, for us to take care of either in
Halawa, or up in Oklahoma, or wherever we're sending them to. Right? That's the
community's cost to us for not dealing with these people, helping them, you know, to keep them
out of our prisons. And that's, to me, the bottom line in terms of, you know, looking at this from
a community perspective, you know. And if you want to be real Donald Trump about it, let's
talk about where you want to spend the money; because if you don't spend money now, we
guarantee you we've got to spend it later. Right? And so that's how I look at it.
And so even when I, you know, when I first got this, I had, funny how these things I get all these
reservations; and I still do. I still have reservations about how this is, what we're trying to do.
`Cause those who say that this is a band-aid, I agree, that this is a band-aid. `Cause we're saying,
"Well, we'll call it, you have eight people, that's okay, we'll consider that a family and that use
is going to be legal," you know, I think that's a band-aid. I think that from the bigger perspective
in terms of how we, as a community, need to deal with this, I go back again to my favorite CDP.
Because if we as a community, I as a Commissioner, and you as, you know, those that come
before the Commission or go to the County Council, look around, I don't mean here, well, you
can look around here, and see where we're going, we all know where we're going. But, you
know, you look at Oahu, you look at Maui, you know, and you look at what you really want to
do, then Community Development Plan process, the whole process, to me is a different thing that
we have that we do, that the community can get involved in, and that it won't be just nine
commissioners or nine council people saying, "This is how we're going to take care of things in
the future and how the community is going to look." That process has been going on for, from
1945 or whenever they passed those laws. Never work, right? And it's not going to. And this
band-aid kind of solution that we have is, you know, it'll hopefully help, you know, for now.
But in the big picture, I would like the Council to read this part of the transcript, you know, and
get an understanding that, you know, those nine guys, mine, Stacy Higa and the rest of them are
not going to be able to solve our problems, you know, our challenges for the future by
themselves; and by doing Community Development Plan process and spending the money and
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the time to do it in the next couple of years, I think we can make a better difference, you know,
do it better. At least you have the opportunity. We can mess them up good, too, but then it'll be
the community that messes it up, not nine guys sitting in a Council chamber or someplace.
So please push to get that done, Community Development Plan process. I will vote in favor of
this motion, I seconded it, obviously. I have reservations that it is a band-aid thing; but, you
know, the problem is so great as established on the record that we can't just stand by and do
nothing. So-.
ALAMEDA: Thank you, Commissioner Iwashita. Commissioner Siracusa and then
Commissioner McCall. Commissioner Siracusa?
SIRACUSA: I don't think there's a question in anybody's mind but that affordable
housing for the general public as well as for special needs people is at a crisis level. I don't
know, I As a matter of fact, I'm pretty sure that if we pass this amendment, I don't think it's
going to solve it. Adding three more people to a house is not going to make hardly a dent in the,
I think we have to look really much farther afield at doing some, you know, broader planning.
Ms. Cabral mentioned some zoning things, there are all sorts of "out of the box" things that we
should be looking at in order to really address this problem, including, yes, Community
Development Plans, right. The magic number here of eight, besides being as we've heard quite
frankly being admitted to as being a question of economics, also appears to be tailored
specifically for one particular applicant. And while it might not be appearance of favoritism can
often be as bad as favoritism itself. It's like conflicts of interest, you know. You may not have a
conflict but you want to avoid the appearance of one.
Another issue that is a concern of mine here is that Marimed came into this community without
really going around doing pala pala, making nice; and we had this, there was the same problem
when Waters of Life Charter School went into several communities in the same way, and
alienating communities rather than garnering support by defusing concerns and addressing
concerns before they started making their plans. This is not a really positive way of operating. It
certainly doesn't, it's counter-productive it seems to me. If you've got, you're creating a hostile
community, and then you go in and you want their support. And then you're putting people in
who you want to get out into the community, you want to put them in a halfway house kind of
situation and slowly ease in transition into a broader community, but the community you're
putting them in you've already alienated; and that seems counter-productive to me.
We're looking at all these different kinds of facilities, adult residential care, assisted living, clean
and sober homes, special treatment, a therapeutic living, developmental disabilities; and that's a
pretty broad-brush. And the communities that these facilities will be put in, will be applied to be
put in, are very different; and in each case there's no community self-determination, and this
bothers me a lot. Today, we had a lot of people come out and a lot of people who couldn't come
out submitted written testimony; and a lot of people came out all the way to Kona from Keaau
Ag Lots. I don't think that we're turning down the possibilities of these kind of facilities because
the possibilities are always there. The possibility, the process is there for increasing the number
of people that can live in one, and the process is that would come before the Commission; and I
would really prefer to see the Commission vote on these facilities on a case-by-case basis so that
we could hear the concerns, the plans of each developer, the concerns of the community, and
address them individually as they should be addressed. Because they're too important to paint
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the whole thing with a broad-brush and not look at each case on a case-by-case basis. And I
think that the communities in question, the affected communities, deserve the right and the
ability to be heard; and that is part of the Community Development process.
I have no trouble sitting through more meetings this long if we have other facilities come
forward and say, "I want to add three more beds, or five more beds," or whatever the case may
be, "We have a big enough house to support it." But I would like to see us have the opportunity
to do that.
ALAMEDA: Thank you, Commissioner Siracusa for your perspective, appreciate your
opinion. How about Commissioner McCall, any thoughts?
MCCALL: Yeah. Let's see, where should I start.
ALAMEDA: The beginning.
MCCALL: I don't want to start that far back. I don't think anybody can argue that,
you know, these group living programs are good for the community, the community-at-large and
individual communities. They are in our communities now. I think it's clear that they should be
in our communities. They are our kids, our kupuna, or whatever, they are our people. We need
to embrace them. We need to put them in. But they are there now. We have, they are legal as
five. You know, we can have five people of, whatever the words are, you know, they're legal
now as a five-person. As I see it, what this amendment is is to change it from five to eight. All
the amendment is is to increase the number on a specific lot, in a specific house.
Everything I hear, it comes down to, it's dollars. As I see it, it's a matter of the people running
these homes feel that they can run them more efficiently or they're saying they cannot run them
if they don't put eight in there. They're saying, but that's dollars. I'm sure if we can pay them
more per unit, per person that they're serving they can do it for five. It's been, some of the other
Commissioners have brought up that, you know, we pay the money now or we pay the money
later, if we don't serve the community now, we're going to be paying for the beds at Halawa; and
it's cheaper to do it now. I don't think this is the right way to do it. I think that by putting, if
we're, it's a matter of where we're putting the money. If we're just saying we're going to raise
the number of adults in one of these facilities from five to eight, who's paying for this? Instead
of, if we keep it at five and we want to make these things work, the County, the State, whoever
the government which, of course, it's coming out of our pockets, is going to have to pay more
money to make these facilities work. If we just legislate that this goes from five to eight, who's
paying for it? The neighbors are paying for it; and I don't feel it's fair to make the neighbors pay
for it 'cause we should all pay for it. So I think this is the wrong way to go.
There are other options if these facilities need to go to a larger size. I mean, there is the use
permits through the Planning Commission, as Commissioner Siracusa said. And it was brought
up that if these facilities can show they're an asset to the community, the communities will
embrace them. But these facilities can be an asset to the community if they're run properly. If
they're not run properly, they should not be shoved down the throats of a community. And, so, I
just, I can't, you know, support it the way it is now. I just think this is not, you know, let's let
the right people pay the money and not just left this into, you know, to the communities and
make the communities pay for it. Thank you.
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ALAMEDA: Thank you, Commissioner McCall. Well, Mr. Rho, you can add to the
discussion. It's up to you.
RHO: First of all, I want to thank you for sticking with us. It's now 4:15 and I'm
sure you have lots of better things to do. I wanted to begin by saying that those of you who are
opposed to this change, moving it from five to eight and you're not in favor of that, that you
really think about why you're not in favor of it, truly think about why you're not in favor of it.
All the, well, I shouldn't say all, most of the testimony that I heard today and in Kona last week
or two weeks ago turned me off.
Those people in the room who know me know that I started out as a probation officer in the
Third Circuit, which is Hawaii District. We did not have services for these kids, we still don't;
but we have more now than we had, I'm afraid to say this, but in 1972, over 30 years ago. So
just let me, bear with me and let me give you one example. If you have a kid arrested in the
middle of the night in Kona, there is no facility or there was no facility at all, except the lockup
in the Police Station. Guess where that kid ended up? At my little cottage. The next morning,
my wife serves breakfast and then we leave. Legal? I don't know. In this age, in this time, I'm
not sure I would do that; but at that time, that's what we had to do, that's what we did, that's
what I chose to do.
I was in education for 30 years. Roz over there and I go back many years. We don't have the
money. But you know what? Changing it from five to eight just makes us feel better. It really
doesn't attack the problem. The problem is deep. We're looking at symptoms, we're treating
symptoms. I'm a bleeding heart, a bleeding heart liberal. So if you ask me for anything, having
to do with kids especially, I'd give it to you. I'm not in favor of this. And I want to make it a
point to not be in favor of this because I think we all, and I'm not talking about just the people in
the Keaau Ag Lots, the whole island, the whole state, maybe the nation, and that's getting really
big, really need to think about what we're doing and how we're doing it. We have to, you don't
keep talking about thinking outside the box. Well, I want, if I had my way, I would put up the
money to fund houses, smaller the better, smaller the better, and give these kids the attention
they deserve and need, and not house them in eight, ten, twelve, fifteen. I'm not sure about
Koolau, what the maximum there is, but not house them like that.
So instead of treating the symptom, maybe, and this is a real big maybe, maybe somebody or
some people will actually look at the problem and try to address the problem. But, again, those
people in the Keaau Ag Lots, most of your reasoning and reasons for protesting this, it won't
stand, it won't stand up. Would I like a prison built next to my lot? No. I'll be in the same
position as you. But think about that. You're not going to convince people by talking about all
the, not in my backyard kind of reasoning. Thanks.
ALAMEDA: Thank you, Commissioner Rho. Commissioner Siracusa?
SIRACUSA: There was one thing I forgot to say.
ALAMEDA: Sure.
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SIRACUSA: So many people came out. It's not often that we see so many people
coming out on one subject, on one agenda item; and I think that band-aid solutions don't work.
What we always need to do is really look at addressing the problem. The problem is that there is
insufficient funds for creating more of these homes. The answer is, and if everyone here who
came today would do it maybe it could actually get done, is to petition the Legislature to increase
funding for these types of facilities and to expand that program; and I just want to tell that one
out.
ALAMEDA: Is there any "I forgots?" Commissioner Iwashita?
IWASHITA: I just didn't think of it before.
ALAMEDA: Okay.
IWASHITA: And now you made me forget. You know, I have, part of my being is
clumsy; and when that happens, I need a band-aid. All right, it doesn't get rid of the clumsy part
that caused the symptom of a cut or bruise that required that band-aid. But the band-aid is still
necessary, right? So I would urge my Commissioners to think about that. Just because it's band-
aid, that's not a reason not to do it.
You know, and I will come out of the closet, too, and join Commissioner Rho in saying about
bleeding heart liberal. I like to think I'm practical, you know. My wife will probably tell you
different. She always says something about me not being productive. Hopefully, I'm being
productive today. But I would urge my Commissioners, my fellow Commissioners, to think
about two things as far as the band-aid kind of thinking. One is, it's necessary; two, it will have
an effect based upon what we've heard today, even though it is temporary and passing in a way.
But hopefully it passes us to a place, you know, where we can have this outside of the box
process where, you know, as a community we can come together and be creative, and try and
deal with the problem. The problem, to me, is the lack of affordable housing and an economy
that allows, you know, in the big picture, allows getting rid of that, the source of that problem.
You know, because we have people that work that can't afford housing. Why is that, right? And
then what can we do as a community? I mean that's real outside the box. What do we do as a
community to, you know, to fix that? So I'm hoping those are the kinds of questions that can be
answered by my outside of the box Community Development Plan thing.
But, really, and as I understand it, the problem with, if we say that we want to look at each of
these things one-by=one, that means, essentially, a Contested Case Hearing on each, which is not
going to take months but years to resolve; and, in effect, it's not a solution. It will not work, that
avenue. So that's why the rules are being changed in our Code in order basically to avoid that
process. And I'm convinced that there's, the need is great enough that the other concerns about
public safety and those kinds of things can be addressed and should be addressed in the
administrative licensing certification process. And we, as a community, if we'll just keep our
eyes and ears open and be more aware, we can probably help reduce that. So I would urge that
my fellow Commissioners to look at the band-aid as a very important one; and if you only buy
one band-aid this year, buy this one.
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ALAMEDA: Thank you, Commissioner Iwashita. All right. Any other comments or
thoughts? Motion on the table by Commissioner Salavea, seconded by Commissioner Iwashita,
in favor of this amendment. Seeing no further discussion, staff?
DARROW: Thank you, Mr. Chairman. The motion is to approve with the amendment
to change the wording "licensed or certified by the Department of Health" to "licensed or
certified by a State agency." Correct?
SALAVEA: Correct.
DARROW: Commissioner Salavea?
SALAVEA: Aye.
DARROW: Commissioner Iwashita?
IWASHITA: Yes.
DARROW: Commissioner McCall?
MCCALL: No.
DARROW: Commissioner Rho?
RHO: No.
DARROW: Commissioner Siracusa?
SIRACUSA: No.
DARROW: And Mr. Chairman?
ALAMEDA: Aye.
DARROW: The motion does not pass, three to three.
ALAMEDA: Thank you, and thank all of you for being here today; and you'll be
revisiting this again if you so wish at the County Council. Mahalo. Have a good day today.
The discussion ended at 4:30 p.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
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