HAWAII PUBLIC HOUSING AUTHORITY NOTICE OF BOARD OF DIRECTORS EMERGENCY MEETING 1002 North School Street, Building A Boardroom Honolulu, Hawaii 96817 Tuesday,August4,2020 9:30 a.m. AGENDA THIS MEETING WILL BE HELD VIA TELECONFERENCE CALL OR OTHER ALTERNATIVE MEANS OF COMMUNICATION ONLY INCLUDING BOARD MEMBERS, STAFF, DEPUTY ATTORNEYS GENERAL, AND THE PUBLIC. The Governor's Tenth Supplementary Proclamation dated July 17, 2020, suspended Chapter 92, HRS, Part I. Meetings, to the extent necessary to enable Boards to conduct meetings without any board members or members of the public physically present in the same location. In consideration of the current COVID-19 situation, the HPHA's offices are closed to the public. Individuals should submit written testimony no later than 7:45 am on Tuesday, August 4, 2020 which will be distributed to Board members. You may submit written testimony via email to [email protected] or by U.S. mail to PO Box 17907, Honolulu, HI 96817. The public may participate in the Board meeting as it happens via Zoom app at: https://zoom.us/j/95871627145?pwd=dX1gbXFPTOM2SzhTUkRZR1pyUX1rQT09. (Please click on this link.) When prompted, enter the Meeting ID: 958 7162 7145 and the Password: 2Q5q3M. Alternatively, the public may also participate via telephone by calling: 1-669-900-6833. When prompted, callers should enter the Meeting ID: 958 7162 7145 and the Password: 518424. We request that meeting participants change the display on their device to show their first and last name to expedite rollcall. Please keep in mind that many devices will display your cellphone number if not changed. The Board will consider public testimony on any item relevant to this agenda. Pursuant to section 92-3, Hawaii Revised Statutes, and section 17-2000-18, Hawaii Administrative Rules, the Board may limit public testimony to three minutes per agenda item. I. The Hawaii Public Housing Authority (HPHA) Board of Directors finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in HRS § 92-7 so the Board can discuss and adopt emergency measures and rules to prevent the further spread of COVID-19 at the HPHA properties for the following reasons: August 4, 2020, 9:30 a.m. - HPHA Special Board Meeting Tel: (BOB) 832-4694 1. Governor David Y. lge declared a state of emergency in the State of Hawaii due to COVID-19 by issuing an Emergency Proclamation on March 4, 2020, that was extended by Supplementary Proclamations, most recently on July 17, 2020, which extended the emergency through August 31, 2020; 2. The HPHA staffreported a sudden and significant increase of COVID-19 cases among the residents at the following properties: • Kuhio Park Terrace Low Rise - 1 active case • The Towers at Kuhio Park (KPT Towers)-16 new active cases (this property is privately owned and managed, however, it is a contiguous property with Kuhio Park Terrace Low Rise and Kuhio Homes) • Kalihi Valley Homes -5 positive cases; 2 are recovered (not active); 3 are active; 2 new cases pending confirmation • Puahala Homes - 1 recovered case • Hauiki- 1 active case (hospitalized) • Mayor Wright Homes - 2 active cases • Kaahumanu Homes - 1 active case • Punchbowl Homes -1 positive case that has recovered (not active) • Hookipa Kahaluu - 1 positive case • Palolo Homes-1 positive case that has recovered (not active) (this property is privately owned and managed, however, it is near Palolo Valley Homes Federal Public Housing) • Palolo Valley Homes - 1 new case pending confirmation • Puuwai Momi - 5 positive cases, under isolation/quarantine in Waikiki (all from one household); 4 people from that same household awaiting test results; 3. The HPHA staffreported numerous residents at the HPHA properties are not social distancing or wearing facial coverings (e.g. masks), are congregating in groups, and have allowed friends and family to perf0rm their travel quarantine in their public housing unit. 4. The HPHA staffreported one employee at the School Street Offices and one at AMP 32/33 tested positive for COVID-19 and the test results are pending forone other employee at AMP 32/33 and 13 other employees at the School Street campus. II. CALL TO ORDER/ESTABLISHING QUORUM Ill. PUBLIC TESTIMONY The Board will consider public testimony on any item relevant to this agenda at this time. Pursuant to section 92-3, Hawaii Revised Statutes, and section 17- August 4, 2020, 9:30 a.m. - HPHA Special Board Meeting 2 Tel: (BOB) 632-4694 2000-18, Hawaii Administrative Rules, the Board may limit public testimony to three minutes per agenda item. IV. DISCUSSION AND/OR DECISION MAKING A. To (1)Adopt Amendments to Hawaii Administrative Rules Entitled "Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency", to Set Forth Rules Regarding Facial Coverings and Practicing Six Feet Minimum Physical Distancing at all Times, Visitor Restrictions, Gathering Restrictions, Mandating the Wearing of Face Coverings and Vacating the Unit or Isolating in an Area at Least Six Feet Away when Staff are Conducting Repairs or Other Official Business in a Tenant's Unit, and Penalties for Non-Compliance with these Rules; and (2)Authorize the Executive Directorto Undertake All Other Actions Necessary to Make Non-Substantive and Technical Amendments and Implement these Rules The Proposed Amendments to "Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency" may be viewed on the internet on or about August 3, 2020 on the Lieutenant Governor's website at: http ://ltgov.hawa ii. gov/the-office/ad ministrative-ru les/ . (The Board may go into executive session pursuant to Hawaii Revised Statutes sections 92-4 and 92-5(a)(4) to consult with the Board's attorneys on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities related to this agenda item.) The Board agenda for this meeting is available for inspection on the HPHA's website: http://www.hpha.hawaii.gov/boardinfo/packets.htm. August 4, 2020, 9:30 a.m. - HPHA Special Board Meeting 3 Tel: (808) 832-4694 Approved by the Executive Directo[,;pj}j August4,� FOR ACTION MOTION: To (1) Adopt Amendments to Hawaii Administrative Rules Entitled "Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency", to Set Forth Rules Regarding Facial Coverings and Practicing Six Feet Minimum Physical Distancing at all Times, Visitor Restrictions, Gathering Restrictions, Mandating the Wearing of Face Coverings and Vacating the Unit or Isolating in an Area at Least Six Feet Away when Staffare Conducting Repairs or Other Official Business in a Tenant's Unit, and Penalties for Non-Compliance with these Rules; and (2) Authorize the Executive Director to Undertake All Other Actions Necessary to Make Non-Substantive and Technical Amendments and Implement these Rules (The Board may go into executive session pursuant to Hawaii Revised Statutes sections 92-4 and 92-5(a)(4) to consult with the Board's attorneys on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities as related to this motion.) I. FACTS A. The Hawaii Public Housing Authority's (HPHA) programs are governed by a variety of federal, state, and agency statutes and rules, such as the United States Code, Code of Federal Regulations and Chapter 3560, Hawaii Revised Statutes (HRS). B. Section 3560-4 and 356D-13, HRS (Attachment A), authorize the HPHA to adopt administrative rules with the force and effectof law to govern its programs. C. On March 4, 2020, the Governor of the State of Hawaii issued a Proclamation and subsequent Supplementary Proclamations dated March 16, 2020, March 21, 2020, March 23, 2020, March 31, 2020, April 17, 2020, April 25, 2020, May 5, 2020, May 18, 2020, June 10, 2020, and July 17, 2020 (hereinaftercollectively referred to as "Emergency Proclamation"), which proclaimed an emergency for COVID-19. A copy of the Tenth Supplementary Proclamation dated July 17, 2020 is attached. (Attachment B) D. The Emergency Proclamation suspended, as allowed by law, numerous Hawaii statutes for the "speedy and efficient relief of damages, losses, and For Action - August 4, 2020 Page 1 suffering resulting" from the COVID-19 virus which continues to endanger communities. E. COVID-19 is easily transmitted, especially in group settings, and has been spreading by record daily amounts to a total of 1 ,989 positive cases throughout the State as of July 30, 2020, which has caused 26 deaths. F. Some individuals who contract COVID-19 have no symptoms or have mild symptoms, which means they may not be aware that they carry the virus, and it is essential to slow virus transmission as much as possible. G. These rules are needed to address the risk of the rapid spread of COVID- 19 and to protect all public housing tenants, especially our elderly and disabled tenants, and those tenants with underlying health conditions. H. Pursuant to the Emergency Proclamation, the Governor further directed all State agencies and officers totake protective action in order to prevent the spread of COVID-19 and provide for the health, safety, and welfare of the people as may be required, to assist in all effortsto eliminate the dangers addressed in the Emergency Proclamation. II. DISCUSSION A. Attached as Attachment C for the Board's consideration are the proposed Amended Emergency Rules Relating to the COVID-19. B. These Amended Emergency Rules apply to all HPHA programs and accomplish the following: 1. Mandating the wearing of face coverings in all public housing properties. 2. Restricting visitors at all public housing properties. 3. Restricting gatherings at all public housing properties. 4. Mandating the wearing of face coverings and vacating the unit or isolating in an area at least six feet away when staff are conducting repairs or other official business in a tenant's unit.