Minutes: November 8, 2000
Kailua Bay Advisory Council

Business Meeting Minutes

Windward Community College

Hale Alakai #102

November 8, 2000

www.kbac-hi.org

1. CALL TO ORDER

Acting Chair Mark Heckman called the meeting to order at 6:50 pm.

1. Attendance:
1. Board members present: Scott Derrickson, Jeffrey Harris, Mark Heckman, Benjamin Kama, Toby Rushforth, Christopher Winn, Donna Wong, and Christine Woolaway. There was a quorum.
2. Director: Maile Bay.
3. Guests: None.

A. Maile Bay — Director’s Report

1. Selection of final proposal for Final Technical Report. (Memorandum sent to KBAC members under separate cover for consideration in closed meeting section.)

Recommended Action: 1) KBAC to select vendor in closed session, and 2) Director to send notice to proceed, prepare and finalize contract with vendor according to the schedule.

Extensive discussion and review of the proposals occurred. Woolaway made a motion to accept the bid from Comprehensive Consulting Services Hawaii. Harris seconded the motion. The motion passed with a yes vote of 7 and 1 abstention.

2. Met with Ken Sprague and his staff, Alex Ho and Barry Fukunaga on October 30.

• Sprague wants to be sure that our adopted policies include procurement standards for KBAC. The policies cannot be too stringent. After discussion with KBAC meeting, Heckman stated the contract should be standard, very simple, and not a problem.
• The City wants to ensure that the Consent Decree is completed with a finite ending.
• KBAC’s master plan can address the timeframe.
• The additional $1 million allotment will be contingent on the Final Technical Report and implementation phase.
• When we reach the implementation phase, the City will be considered on equal footing with all other proposals, but is guaranteed a right to submit a proposal. I incorrectly reported that the CCH has a "right-of-first" refusal. The City merely has to be notified of RFPs and invitations to bid, and KBAC is to use Sprague as the point of contact.

1. Section 319 grants for Ko‘olaupoko moku
1. As reported at the September 2000 KBAC meeting, the Department of Health issued an RFP for a $150,000 Section 319 grant for the region.
2. KBAC sent a letter of support for an effort by the Community Land Trust for Kaneohe Bay, a non-profit organization, to address non-point source pollution. We agreed to partner by offering in-kind support from our GIS and Volunteer Water Quality Monitoring efforts. I want to thank Ramsay for helping considerably by finalizing and sending the letter. (It was suggested that this grant be used to form a model for other watershed projects).
3. Another company’s request for a letter of support was received on the final day of the proposal due date. Noting the late date, I declined to provide a letter of support.
2. Discussion with parties regarding non-profit status:

• As noted above, the City is willing to accept a nonprofit organization so long as it serves the Consent Decree purposes.

1. Possible Changes to the Consent Decree

* As we approach the implementation stage of the KBAC programs and contracts needed for the VWQM program, the conflicts of interest issue keeps arising. I can draft suggested language to adopt and to submit to the parties for consideration as a stipulated change to the Consent Decree that will require court approval.

* In an interview with a Council member, it was noted that there are 5-6 additional concerns with the Consent Decree that KBAC may want to address at the same time. I left a message with the former Director regarding the same, and await her response.

Recommended Action: 1) Await receipt of information regarding additional issues to address all at one time or 2) draft proposed language to address conflicts of interest issue and circulate to KBAC members and parties before next KBAC meeting.

A motion was made by Wong to draft proposed language to address conflicts of interest issue and circulate to KBAC members. Acceptable language is to be given to the parties before the next KBAC meeting under the signature of the Acting Chair. The motion was seconded by Derrickson and unanimously approved.

2. Administrative Overhead:

* The Consent Decree limits the administrative overhead to 5%.

* Late last week, I received telephone calls from Stan Wachi, CSF accountant, and Jim Gaines, CSF Executive Director. They are concerned regarding the ceiling on the administration costs. In conducting this year’s audit that is still in draft, the accountant reports that CSF costs may exceed that amount dependent on

interpretation of language in the Consent Decree.

* The accountant noted that if the administration costs are interpreted as 5% each

year then CSF costs could continue to be covered by the current level of funding.

* I advised that I would respond to the accountant and Dr. Gaines within the week

regarding KBAC’s position.

* It was discussed and decided to take no action on the recommended actions until

after discussing with CSF and account.

Recommend actions: 1) KBAC to approve 5% per year administration costs, and 2) Director evaluates and looks at CSF costs for the implementation budget needs.

3. Strategic Plan

• Added changes received from Rushforth on draft.

0. Hawaii Water Quality Conference 2000, University of Hawaii

* As reported by Ramsay last meeting, this is an excellent conference according to its agenda. Ramsay is scheduled to attend all 3 days, including VWQM issues.

* I would like to attend the first day and am requesting payment for November 29, 2000, where TMDLs will be discussed.

Action: Approve cost for $50 for one-day attendance to represent KBAC. Unanimously approved.

1. Draft Master Plan

* Held extensive discussions with Ramsay regarding goals, objectives, and benchmarks for VWQMP. Work is on going.

* Working with accountant on last year’s budget information.

2. HPU Memorandum of Agreement – assisted Ramsay and CSF in reviewing proposed documents.

B. Christopher Winn - Winn is writing an EPA grant to fund an educational program to take a vessel out into Kaneohe Bay and take water tests. (It would be an Environmental Educational Grant.) These tests would be done every 2-4 weeks. He will coordinate with UH, OI and high schools.

C. Minutes – The minutes of the October 18, 2000 meeting were approved with corrections.

 III. EXECUTIVE SESSION

A discussion was conducted regarding the issue of "conflict of issue". Portions of the Consent Decree were read to further clarify who should and should not participate in a vote. Other portions were read in connection with letting of a contract. After much discussion it was decided that any member who might be conflicted should be able to recuse themselves and eliminate any implication of prejudice. Bay agreed to draft language that would clarify the issue in the consent decree.

Bay presented a "Proposal selection: Final Technical Report." Woolaway made a motion to accept the bid from Comprehensive Consulting Services Hawaii, based on Bay’s numerical ranking of the proposals. Harris seconded the motion. The motion passed with a yes vote of 7 and 1 abstention.

The meeting was adjourned at 9:05 pm.