Mr. Taum went over in detail his summer workplan and ideas that would help KBAC’s other programs.
Director Young went over the organizational infrastructure and explained its limitations and requested members to provide comments to her by July 1, 2000.
Director Young went through two items and got approval for the two items:
On June 6, 2000, at a U.S. District Court hearing, Federal Judge David Alan Ezra denied a February 28, 2000 petition filed by Mr. James R. Andrews, Carroll E. Cox, Joseph N. A. Ryan, Jr. citing the lack of legal standing. Judge Ezra encourged parties to work together to achieve the goals and objectives of the Consent Decree. He also pointed out the petitioners' right to appeal and to seek appropriate avenues for letigation.
At the hearing, the framers of the Consent Decree, reprensented by the City and County of Honolulu 's Deputy Corporation Counsel Ms. Maile Chun, and by Mr. Paul Achitoff of EarthJustice Legal Defense Fund, requested the Judge to allow KBAC to continue its work. Mr. Achitoff pointed out that the delays in meeting Consent Decree timelines is not due to KBAC members’ negligence. He believes that KBAC has acted responsibly and has not breached or deviated from the Consent Decree requirements. The delays in timeline reflects that the work is more difficult than anticipated.
Ms. Maile Chun pointed out the Petitioners lack of standing and clarified that KBAC is not a city agency and the City has taken a “hands-off” stance on KBAC’s operations.
KBAC's attorney, William Wynhoff of Gerson, Grekin & Wynhoff, briefed the court about the challenges encountered, particular the difficulties in coming up with three or four capital improvement projects to address nonpoint source pollution problems, also shared its revealation that addressing nonpoint source pollution problems would require a long-term solution, where community engagement is essential.
Judge Ezra, who grew up in Kailua, and is also well-versed in dealing with nonpoint and point source water pollution problems, was not suprised at the delays in meeting the timelines outlined in the Consent Decree. He understands that “it takes time to address nonpoint source pollution problems.” He considers the delays NOT deliberate, or due to KBAC members acting delibrately indifferent. He points out that “there is no evidence of KBAC's dysfunction”as alleged by the Petitioners.
KBAC is pleased with the ruling and intends to do all it can to fulfill the requirements of the Consent Decree.
Since January 18, 2000, KBAC has been in the process of a business review to determine its legal status, information disclosure policy, and funding guidelines. KBAC has retained Gerson, Grekin & Wynhoff to provide the legal expertise required to assist with the review process.
During this process, KBAC released Part II of the Technical Report, and a review of KBAC’s 10 mini-grants projects.These reports are available at the state libraries located in Waimanalo, Kailua and Kaneohe.
KBAC anticipates to reveal its funding guidelines this fall.
· Introducing Ramsay Taum and his plan for the summer
· Introducing Donna Wong, Chris Winn
· Farewell to Alex Ho, Kimberly Lowe
· Brief introduction of Reports newly distributed in May
· Federal Judge's ruling to deny the petition
· KBAC's new website
Website (GIS Work) to be completed by the end of July
Deadlines for Organizational Infrastructure and Strategic Plan /Funding Guidelines, were set for July 1, and July 15, 2000, respectively. Otherwise, Director Young will not be available to address all comments.
Update on DOH-Contract, to Hire Students/Contractors to Compile an Inventory of Watershed Studies in Koolaulopoko, following DOH guidelines. The VC and Member Winn will take over from Director Young.
New members need to be brought up to date. The ED and Judy will provide information required.
Members discussed advertising in Hawaii and mainland. Judy will take the lead.