2019-03-27 Meeting Minutes (EMC)

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f. Continued discussion and legal opinion by Corporation Counsel on proposal to form standing committees by county regions, east and west. Ms. Mellon-Lacey explained the EMC could not have standing committees due to the Sunshine Law. Ad hoc committees could be created, but they are very structured. Their purpose and scope have to be specifically defined at a meeting prior to their creation, and the members would need to be less than a quorum of the commission. Their findings would have to be presented to the full commission at a meeting and any recommendations voted upon by the commission. Once an ad hoc committee’s business is concluded, it disbands. The same process would also need to occur for a “working group.” Chair Bennett said they would need to wait until they had a need for an ad hoc committee and then address forming one. Commissioner Gaffney asked whether a committee could include community members as well as commissioners, and Ms. Mellon-Lacey said nothing would preclude that. Though an ad hoc committee does not have the public notice requirement, the idea is to open meetings up to the public as much as possible. Commissioner Gaffney said the Aliʻi Drive area has a stretch of homes that are not sewered, and there is a group talking informally with the county, Keauhou Water Services, and Kamehameha Schools. The director of Keauhou Water Services would be a valuable participant in a focus group or task committee. Ms. Mellon-Lacey said the ad hoc committee could investigate the issue on Aliʻi Drive as long as the EMC agrees ahead of time on what the scope of the investigation will be and each member’s authority. They cannot deliberate or make decisions—anything the group learns has to be brought back to the whole Commission. Chair Bennett said they would work on developing the scope of work and bring it back to the next meeting for Commission approval. Motion, second, and vote: Commissioner Gaffney moved that the Commission’s West Hawaiʻi members be tasked with creating a scope of work for a proposed West Hawaiʻi ad hoc subcommittee for the purpose of investigating a possible public-private partnership for the sewering of all the unsewered homes at the south end of Aliʻi Drive. Commissioner Fritz seconded the motion, and all commissioners voted aye. g. Continued discussion on developing users of reclaimed water from the Kealakehe Wastewater Treatment Plant. Chair Bennett said that as Director Kucharski will be speaking on this issue in his report, they would wait until then. 5