Establishing the County of Maui as a Disaster Resilient Community through a Comprehensive Mitigation Program against Natural Hazards

WHEREAS, various natural hazards have caused physical and financial impacts in
Maui County and will continue to; and

WHEREAS, these impacts have also affected the environment, economy and
infrastructure of Maui;

WHEREAS, effective mitigation measures should be implemented to significantly
reduce the vulnerabilities and risks associated with inland and coastal flooding, high winds and surf, drought, wildland fires, tsunamis, and earthquakes;

WHEREAS, partnerships with all levels of government, the private sector, and the
citizens of Maui can effectively plan, implement, and fund mitigation
projects.

NOW, THEREFORE, I, James "Kimo" Apana, Mayor of the County of Maui, by virtue of the authority vested in me under the laws of the County of Maui, hereby Order the following actions:

1. Creation of a County Hazard Mitigation Committee, comprised of representatives from all levels of government and the private sector to further develop and implement the Maui County Hazard Mitigation Strategy and to manage the County's Hazard Mitigation Program.
2. Completion and periodic update (as better information becomes available) a countywide risk and vulnerability assessment of its natural hazards, and the provision of assistance to communities to identify their hazards and risks.
3. Development of partnerships with businesses to provide a public-private link for coordinated disaster mitigation, preparedness, response and recovery. Partnerships should start with the businesses that form the core for recovery (e.g., utilities, communications, food suppliers, medical facilities) and the core of the economy in the county.
4. Adoption of the latest version of the Uniform Building Code (UBC) and relevant wind load and seismic provisions of the latest version of the International Building Code (IBC). Promote code enforcement at the appropriate levels.
5. Agreement to address relevant hazards and the risks they pose in any county-level land-use decisions, including plans for county-owned property development. The county will also encourage adoption of local land use plans that incorporate hazards into decision-making. Include a simple natural multi-hazard disclosure checklist for all county land use decisions.
6. Maintenance of a county emergency response plan and development of a county post-disaster recovery and mitigation plan that incorporates Maui's mitigation priorities. Provide technical assistance to local areas for development of local recovery plans.
7. Compliance, participation, and improvement of current ratings in the National Flood Insurance Program and its Community Rating System, the Fire Suppression Rating System, the Building Code Effectiveness Grading Schedule (BCEGS) and any other such natural hazard-related rating or regulatory system.
8. Incorporation of disaster protection measures into public and private lifelines, infrastructure and critical facilities.
9. Development and support of existing and future programs to increase the public's awareness of natural hazards and ways to reduce or prevent damage through a coordinated effort with multiple stakeholders.
10. Support of the incorporation of natural hazard awareness and reduction programs into school curricula through appropriate means (Maui Community College, State Department of Education, State University System, etc.).
11. Support Project Impact and its partners in the retrofit of shelters and non-profit child care centers.
12. Development of mitigation training for planners, developers, architects, engineers and surveyors, and County personnel including the departments of planning and zoning, land use and building code. Encourage the participation of government, industry and professional organizations.
13. Identification of existing incentives and disincentives for hazard loss reduction action, and develop and implement new incentives and disincentives.
14. Requirement of certification and continuing education of building officials and contractors.

Purpose

1. Continue to support, implement and revise the Maui Multi-hazard Mitigation Strategy and to provide the support necessary for an ongoing forum for the education and awareness of multi-hazard mitigation issues, program, policies and projects
2. Assist in the provision of workshops, trainings and forums for County Government and Stakeholders that will provide information, data, and skills as needed to assist in the implementation of the Maui County Hazard Mitigation Strategy.
3. Identify and establish close coordination with county agencies responsible for implementing the sound practices of hazard mitigation through building standards and local land use development decisions and practices.
4. Establish and support partnerships between the County and private sector, local communities and non-profit organizations in order to coordinate and collaborate natural hazard mitigation programs;
5. Assist county government in obtaining funds to implement mitigation projects.
6. Develop specific goals on a biennial basis and provide status reports to the Mayor and County Council, County departments, private organizations represented on this "group."
7. Recommend policy and program changes to the County Administration, including County Council and County involved in mitigation activities.
8. Assist in the development of an on-going comprehensive public education and awareness program about the risks and losses from natural disasters, in addition to natural hazard mitigation programs, policies and projects.
9. Provide reports, as appropriate, to the Mayor and County Council on special mitigation activities addressed or completed by this "group."
10. Foster partnerships between the County and private sector, local communities and non-profit organizations in order to coordinate and collaborate natural hazard mitigation programs

Definitions

For the purpose of these Bylaws, the following definitions are derived from statutory documents, which have been accepted as functional by all levels of government involved in emergency management activities or operations:

1. Hazard Mitigation: Any action taken to reduce or permanently eliminate the long-term risk to human life and property loss or damage from natural hazards.
2. Hazard Mitigation Grant Program (HMGP): An ongoing program involving a coordinated effort of State and county agencies and private organizations to reduce risks to people and property from natural hazards. During and after periods of Presidential declared disasters, the Stafford Act makes available Federal funds up to 15 percent of the estimated aggregate amount of grants for emergencies and permanent repairs with respect to a Federally declared disaster. The Federal government may contribute up to 75 percent of any cost-effective measure to be implemented while State and county governments and private nonprofit organizations must contribute the remaining 25 percent in this cost-sharing relationship.
3. Major Disaster: Any natural catastrophe (including hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mud slide, flood, or drought), or, regardless of cause, any fire or explosion which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act to supplement the efforts and available resources of State and county governments and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.
4. Measure/Project: Any activity proposed to reduce risk of future damage, hardship, loss, or suffering from major disasters. The terms (measure and project) are used interchangeably in Federal regulations.
5. Stafford Act: Robert T. Stafford Disaster Relief and Emergency Assistance
   Act, as amended, signed into law on November 23, 1988, amended the Disaster Relief Act of 1974, PL 93-288.
6. State Hazard Mitigation Office: The office designated by the Governor to coordinate and monitor all State hazard mitigation programs. For the State of Hawaii, this responsibility has been placed in the State Civil Defense Division of the Department of Defense.

Membership

County Government

• Civil Defense
• Administration (Mayor's Office)
• Planning and Zoning
• Department of Public Works (roads and facilities)
• Building Code
• GIS Specialist
• Police and/or Fire
• Project Impact
• Human Services (Housing)
• NFIP/CRS Coordinator
• Lanai Representative(s)
• Molokai Representative(s)
• Parks & Recreation

State/Federal Government

• Hawaii Civil Defense
• Earthquake Advisory Board
• FEMA Pacific Area Office
• Hawaii CZM
• Army Corps of Engineers

Private Sector

• Pacific Disaster Center
• Maui Hotel and Resort Association
• Chamber of Commerce
• Maui Electric Company
• Red Cross
• Convention & Visitors Bureau
• Environmental Organization
• Builders

NGOs

• Community/neighborhood Associations
• University of Hawaii, Social Sciences Research Institute
• Hawaii Sea Grant
  

Officers

The Maui County Hazard Mitigation Committee shall elect a Chairperson and Vice Chairperson from among its members. The Executive Assistant(s) will be appointed from the ???? (County Department)

1. The duties of the Chairperson shall be:

a. Preside at all meetings of the Maui County Hazard Mitigation Committee;

b. Call for approval of the minutes of the preceding meeting when a quorum
shall be present;

c. Announce the business before the Maui County Hazard Mitigation Committee;

d. Receive and submit all matters properly brought before the Maui County Hazard Mitigation Committee to call for
votes upon the same, and to announce the results;

e. Appoint members to all committees, subject to appeal by a majority of Maui County Hazard Mitigation Committee members;

f. Authenticate, by signature, all acts of the Maui County Hazard Mitigation Committee as may be required;

g. Make known all rules of orders when so requested and to decide all questions of order, subject to appeal to the Maui County Hazard Mitigation Committee;

h. Act as spokesperson for the Maui County Hazard Mitigation Committee;

i. Perform other duties as may be required of such office.

2. The duties of the Vice Chairperson shall be:

a. Act as the presiding officer in the absence or disability of the Chairperson;

b. Perform any special duties assigned by the Chairperson;

c. In case of resignation or incapacitation of the Chairperson, the Vice
Chairperson shall become Chairperson for the unexpired part of the term.

3. The duties of the Fulltime Hazard Mitigation Person shall be:

a. Keep accurate and current records of each meeting of the Maui County Hazard Mitigation Committee noting all actions taken, whether carried or lost;

b. Call the meeting to order in the absence of the Chairperson and Vice
Chairperson and proceed with the election of a temporary Chairperson;

c. Prepare and disseminate correspondence as directed;

d. Send out all notices of meetings;

e. Keep an account of receipts and expenditures.

Meetings

1. Two-thirds of the entire Maui County Hazard Mitigation Committee membership shall constitute a quorum.
2. The affirmative vote of the majority of the entire Maui County Hazard Mitigation Committee membership shall be necessary to take any action. Proxy votes shall not be allowed.
3. Regular meetings of the Forum shall be held three times per year. The Maui County Hazard Mitigation Committee may also convene special meetings at any other times deemed appropriate.
4. Special meetings may be called by the officers of the Maui County Hazard Mitigation Committee.
5. Any Maui County Hazard Mitigation Committeemember may request a matter be placed on the agenda by notifying the Fulltime Hazard Mitigation Person 15 days before the date of a meeting.
6. The Maui County Hazard Mitigation Committee requests prior notification of dissenting opinions when such opinions are made public. The Maui County Hazard Mitigation Committee shall not prohibit the expression of dissenting opinions.
7. The Maui County Hazard Mitigation Committee shall be notified of any solicitation of outside party review of Maui County Hazard Mitigation Committee work. The reviewer shall be notified.
8. Minutes of all meetings will be prepared by the Fulltime Hazard Mitigation Person and disseminated to all members prior to the next scheduled meeting.

Committees

1. The Maui County Hazard Mitigation Committee should utilize the work of established committees, boards, councils, etc., which are involved in mitigation affairs such as Maui Project Impact, and Project Impact Subcommittees including the Public Education and Building Standards Committees, to facilitate its own actions and to maximize available resources
   and expertise.
2. The Forum may establish special committees whose members are appointed by the Chairman.

Petition For Adoption, Amendment, Or Repeal Of Bylaws

1. Any Maui County Hazard Mitigation Committee member may petition the Maui County Hazard Mitigation Committee requesting adoption of amendment
or repeal of any articles of the Bylaws. No action will be taken until the
subsequent meeting of the "group."

2. Bylaws may be adopted, amended, or repealed by the vote in person of two-thirds of the membership of the "group."

Parliamentary Authority

1. Robert's Rules of Order, revised, shall govern the Maui County Hazard Mitigation Committeewhere the same are not
inconsistent with these Bylaws.

Validity

1. If any section or part of the rules is held to be invalid for any reasons whatsoever,
such invalidity shall not affect the validity of the remaining sections of the Bylaws.

Effective Date Of These Rules

1. These Bylaws shall become effective upon approval of the (Director of Civil Defense and filing with the State Civil Defense Division.?????)