HomeMy WebLinkAbout2021-07-27 Water Board Meeting MinutesMINUTES
DEPARTMENT OF WATER SUPPLY
COUNTY OF HAWAI`I
WATER BOARD MEETING
July 27, 2021
Via Zoom/Host Location: Department of Water Supply, 345 Kekuanao`a Street, Suite 20, Hilo, HI
MEMBERS PRESENT: Mr. William Boswell, Jr., Chairperson
Mr. Eric Scicchitano, Vice -Chairperson
Mr. Michael Bell
Mr. David De Luz, Jr. (10:05 a.m.)
Mr. Steven Hirakami
Ms. Judy Howard
Ms. Julie Hugo
Mr. Benjamin Ney (10:06 a.m.)
Mr. Keith K. Okamoto, Manager -Chief Engineer, Department of Water
Supply (ex-officio member)
ABSENT: Mr. Kenneth Sugai, Water Board Member
OTHERS PRESENT: Ms. Diana Mellon -Lacey, Deputy Corporation Counsel
Department of Water Supply Staff
Mr. Kawika Uyehara, Deputy
Ms. Candace Gray, Waterworks Controller
Mr. Kurt Inaba, Engineering Division Head
Mr. William O'Neil, Water Service District Supervisor 11, and Temporary
Assignment to Chief of Operations
Mr. Eric Takamoto, Operations Division
Mr. Warren Ching, Energy Management Analyst
Ms. Mae Kise, Water Microbiologist IV, Water Quality Assurance and
Control Branch (WQAC) 10:55 a.m.
Mr. Blayne Castillo, Water Microbiologist III, WQAC (10:55 a.m.)
1) CALL TO ORDER — Chairperson Boswell called the meeting to order at 10:00 a.m. A roll call was taken
for Water Board Members in attendance: Mr. Bell, Mr. Hirakami, Ms. Howard, Ms. Hugo,
Mr. Scicchitano, and Chairperson Boswell were present. Mr. Sugai was absent and excused.
(Note: Mr. De Luz and Mr. Ney joined the meeting shortly thereafter.)
2) STATEMENTS FROM THE PUBLIC - None
3)
APPROVAL OF MINUTES
MOTION: Mr. Bell moved for approval of the Minutes of the June 22, 2021, Water Board Meeting;
seconded by Ms. Howard.
The Manager -Chief Engineer noted there was a correction to offer on the Minutes. For Item 713, on
Page 13 under the Monthly Progress Report, in the second paragraph where it reads the project name is
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Wai`aha Well Water System Improvements - Transmission; that should be corrected to
Wai`aha Well No. 2, Phase 1.
ACTION: Motion to approve the Minutes as corrected was carried by roll call vote: Ayes: 5 - Mr. Bell,
Mr. Hirakami, Ms. Howard, Mr. Scicchitano, and Chairperson Boswell (Note: Ms. Hugo was not audible);
Absent: 3 - Mr. De Luz, Mr. Ney, and Mr. Sugai.
4) APPROVAL OF ADDENDUM AND/OR SUPPLEMENTAL AGENDA - none
5) PUNA:
A. JOB NO. 2018-1083, `OLA`A #3 DEEPWELL REPAIR - REQUEST FOR TIME EXTENSION:
The contractor, Derrick's Well Drilling & Pump Services, LLC, is requesting a contract time
extension of 12 calendar days due to unforeseen delays caused by a cement shortage. These delays
were beyond the control of the contractor.
Staff reviewed the request for the contract time extension and the accompanying supporting
documentation and finds the 12 calendar days justified. Note: There are no additional costs
associated with this time extension.
1't time extension — 12 calendar days
The Manager -Chief Engineer recommended that the Board approve a contract time extension of
12 calendar days to Derrick's Well Drilling & Pump Services, LLC, for JOB NO.2018-1083,
`OLA`A #3 DEEPWELL REPAIR. If approved, the contract completion date will be revised from
July 11, 2021, to July 23, 2021.
MOTION: Ms. Howard moved for approval of the recommendation; seconded by Mr. Scicchitano.
(Mr. De Luz joined the meeting at 10:05 a.m.)
Ms. Howard asked if the project has been completed as the revised date has passed.
Mr. Takamoto replied that all work on this project has been completed.
Mr. Hirakami wondered if there was a way the Board could authorize the Manager -Chief Engineer to
approve things such as this administratively if there is no cost related and it was beyond the control of
the contractor, rather than the Board approving something after the fact.
The Manager -Chief Engineer replied that he could place this as a separate agenda item for discussion
because it may require some form of Resolution, authorized by the Board, with specific terms and
conditions.
(Mr. Ney joined the meeting at 10:06 a.m.)
Ms. Mellon -Lacey replied that was correct; it would require a Resolution. The other point is that if
the Board voted not to approve the extension, there would be penalties to the contractor. It is not
really after the fact because the contractor had to complete the work. It is just a matter of whether it is
going to be forgiven or the time granted.
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The Manager -Chief Engineer added that there are a lot of factors involved and this may be going
beyond the scope of this agenda item. He appreciated Mr. Hirakami's comments, but it would be
easier to place an agenda item on the August agenda for further discussion and evaluation.
ACTION: Motion to approve the recommendation for a contract time extension of 12 calendar days
was carried by six (6) Ayes: Mr. Bell, Mr. De Luz, Mr. Hirakami, Ms. Howard, Mr. Scicchitano and
Chairperson Boswell (Note: Ms. Hugo was not audible); one Abstention: Mr. Ney; and
one Absent: Mr. Sugai.
6) SOUTH HILO:
A. JOB NO. 2005-875, CONSTRUCTION OF THE PAPA`IKOU TRANSITE AND
G.I. PIPELINE REPLACEMENT — REQUEST FOR TIME EXTENSION:
The contractor, Nan, Inc., is requesting a contract time extension of 38 calendar days. This is the first
time extension request for this project.
Ext.
#
From (Date)
To (Date)
Days
(Calendar)
Reason
Excess delays transferring the National
Pollutant Discharge Elimination System
1
11/09/2021
12/17/2021
38
(NPDES) permit (additional 33 calendar
days) and Change Order No. 2
3 calendar days)
Total Days (including this request)
38
The Department initiated the transfer to the contractor of the NPDES permit on October 29, 2020,
prior to the contract start date of November 9, 2020. The Department of Health issued the permit on
December 22, 2020. This prevented the contractor from being able to mobilize and start construction
of the waterline. Therefore, the contractor is requesting 33 additional calendar days for this delay.
The contractor is also requesting five (5) additional calendar days for additional work. This includes
two (2) days to de -water the trench, install filter fabric, and install drain rock under an existing
cracked drainage structure where the new waterline was being installed; and one (1) additional day to
form and pour a reinforced concrete jacket around an existing DWS waterline where it crosses a
shallow sewer main.
Staff reviewed the request for the contract time extension and finds the request for the additional
38 calendar days to be acceptable. Note: There are additional costs associated with this time
extension which are within the existing contingency.
The Manager -Chief Engineer recommended that the Board approve a contract time extension of
38 calendar days to Nan, Inc., for JOB NO.2005-875, CONSTRUCTION OF THE PAPA`IKOU
TRANSITE AND G.I. PIPELINE REPLACEMENT. If approved, the contract completion date will
be revised from November 9, 2021, to December 17, 2021.
MOTION: Mr. De Luz moved for approval of the recommendation; seconded by Ms. Howard.
The Manager -Chief Engineer noted that the agenda write-up was written with as much explanation of
the situation as possible. If there are any questions from the Board, Mr. Inaba was standing by.
Ms. Howard stated that she did not see any specification for additional costs incurred.
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Mr. Inaba replied that the additional costs incurred were for two items --adding the filter fabric under
the crack drainage structure ($2,168.08) and the additional concrete jacket ($3,116.62). There is no
cost for the delay in permitting.
Mr. Ney noticed that a lot of this agenda's items are related to time extensions or cost extensions. He
asked how many times contractors tap into their contingency and if there should be more discretion
used in allowing contingency. He can understand if there is a cost overrun due to a change in the
scope of work; however, he is not as favorable to giving a cost or time extension when it relates to bad
estimating of time or for cost overrun not directly related to more material or scope of work. He will
be judging these requests from here on out as to whether they were unforeseen circumstances or just
poorly planned logistics or estimating costs.
Mr. Hirakami questioned if there a standard on contingency percentage associated with contracts.
The Manager -Chief Engineer replied that for most civil or capital improvement projects, the
contingency amount is roughly 10%. When there are extreme, unforeseen circumstances, the
Department needs to come to the Board to ask for additional funds. Anything that changes the
contract terms (time, schedule, or costs) needs to come to the Board for approval. Going back to
Mr. Ney's question, staff does an internal review of time extension requests; and as the Board may
have noticed in previous requests, if the request does not make sense, the contractor is asked for a
schedule. If it appears the time extension they requested can be modified, that is what is brought to
the Board for review and approval. It is not an automatic thing that what the contractor requested is
what is brought to the Board.
Mr. Hirakami asked if the contingency scale is for the larger projects because there is a big difference
between 10% of a $10,000.00 project and 10% of a $30 million project. It could affect the budget.
Mr. Inaba replied that on some larger projects, the contingency can be brought down a bit; but it
depends on the complexity of the project. There may be a project area where you are dealing with
existing infrastructure and unknowns. The records of the older infrastructure are not the greatest,
which was experienced with this project, and the reason it is being brought before the Board.
Mr. Ney asked if there are instances where the contractor did not have to use the contingency because
their estimate came in correctly.
Mr. Inaba replied that the Department does not allow change orders based on their estimates or their
contract price. It would have to be a change in scope. As long as the project does not have any
unforeseen things, there have been a few projects that have had zero contingency use; but a lot of
them have had minimal use of contingency.
The Manager -Chief Engineer stated that the evaluations are not haphazard. County agencies and
Department of Water Supply have their own General Terms and Conditions (GRCs) which lay out
how contracts are managed, and there are provisions in the contract as well. If the Board wished to
look at the Department's GRCs, they can be made available.
Mr. De Luz stated that he had the same concerns as Mr. Ney and Mr. Hirakami are having until after
he attended an American Water Works Association (AWWA) conference in 2019. He learned that
one of the challenges for this type of utility is that every system is unique. This is such a geophysical
diverse island and there is limited capacity. Engineering relies heavily on third -party project
managers and their information. The questions being brought forth are very important, and there may
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be an opportunity to vet some of the information in the agenda by talking to staff and understanding
how they go through the process. They do their due diligence, but sometimes things come into play
for the contractor that are unforeseen.
Mr. Ney mentioned that Pacific Pipe was telling him that inflation is making just about everything go
up and asked if there is an inflation clause written into the contracts.
The Manager -Chief Engineer replied that there is no inflation clause in the contracts; but if a situation
does come up where costs go up substantially, the contractor would have to let the Department know
and would have to show proof, such as the invoice from when they did the original estimate,
compared to a current invoice and the reason they waited to order. When Notice to Proceed is issued,
contractors are encouraged to place their orders. If they do not have a valid reason for not doing it at
that time, it takes part in the consideration.
Mr. Ney recalled locking in a procurement line item cost from Pacific Pipe Company a number of
meetings back and hoped they will honor that. He asked if the contract extended a year out and if they
have indicated they would have to revisit their prices.
The Manager -Chief Engineer replied there has been no indication of that at this point.
Mr. Hirakami stated that all large contractors do not bid the exact price. They put in a cost and add
their own contingency to that cost and if they use up their own contingency, under most
circumstances, they would eat it as a loss. He asked if the Department is going to constantly make up
for mis-bidding because at some point, the contractors have to take responsibility because they won
the award through a low bid. If somebody else bid the right price but this contractor, even with the
contingency, if the Water Board approves it, then it is actually not awarded to the lowest bidder.
Chairperson Boswell stated that this was getting far off the subject.
The Manager -Chief Engineer noted these were all valid concerns, but it would be good to bring the
discussion back to this agenda item.
Mr. De Luz called for the vote.
ACTION: Motion to approve the recommendation for a time extension of 38 calendar days was
carried with eight (8) Ayes: Mr. Bell, Mr. De Luz, Mr. Hirakami (with reservation) Ms. Howard,
Ms. Hugo, Mr. Ney, Mr. Scicchitano, and Chairperson Boswell; and one (1) Absent: Mr. Sugai.
7) NORTH KOHALA:
A. JOB NO.2016-1045, CONSTRUCTION OF THE HALA`ULA WELL DEVELOPMENT -
PHASE 2 — REQUEST FOR TIME EXTENSION:
The contractor, Goodfellow Bros., LLC, is requesting a contract time extension of 122 calendar days.
This is the second time extension request for this project.
Days
Ext. #
From Date
To Date
Calendar
Reason
Excess delays due to land ownership
1
11/18/2020
7/31/2021
255
changes and lack of site access.
Page 5 of 14 July 27, 2021, Water Board Minutes
Delay in receiving the pump installation
2
7/31/2021
11/30/2021
122
permit from CWRM (Commission on
Water Resource Management).
Total Days(including this request)
377
The contractor has not received the Well Pump Installation Permit from the State Commission on
Water Resource Management (CWRM) and is, therefore, unable to begin the installation of the pump.
The contractor is requesting 122 additional calendar days to complete the project.
Staff reviewed the request for the contract time extension and finds the request for the additional
122 calendar days to be acceptable. Note: There are no additional costs associated with this time
extension.
The Manager -Chief Engineer recommended that the Board approve a contract time extension of
122 calendar days to Goodfellow Bros., LLC, for JOB NO. 2016-1045, CONSTRUCTION OF THE
HALA`ULA WELL DEVELOPMENT — PHASE 2. If approved, the contract completion date will be
revised from July 31, 2021, to November 30, 2021.
MOTION: Ms. Howard moved for approval of the recommendation; seconded by Mr. Ney.
The Manager -Chief Engineer stated that this is one of those extenuating circumstances that you do not
like to see happen, resulting in long time extensions. Each time the Department puts a project out for
bids, it strives to do the best estimate possible on a reasonable timeframe to complete it. During the
bidding process, if a contractor suspects the timeframe is unrealistic, they will submit a Request for
Information (RFI) indicating they think the contract duration is too short. So far, that has been a rare
occurrence. For this particular project, part of the scope of work is to install the pump and motor into
the well, and this requires a Pump Installation Permit from the State Commission on Water Resource
Management (CWRM). DWS had already received SHPD (State Historic Preservation Division)
approvals prior to awarding the contract; but for whatever reason, CWRM decided to include a
re -review of the SHPD requirements in the pump installation permit. DWS provided them all of the
SHPD approval letters, but CWRM re -initiated review by SHPD, which is causing the current delay.
As a heads -up for the Board, there could be additional delays because a response still has not been
received, plus the other thing holding things up is the electrical utility work to bring power to the site.
Staff is working with Hawaiian Electric to try and nail down a schedule, but this could also affect the
contract completion date, and could lead to another time extension request after this one.
Mr. Hirakami asked how this will affect delivery of water in that area.
The Manager -Chief Engineer replied that the area is covered by two wells in Hawi, and this well will
provide redundancy in the area. This Hala`ula Well is more towards the Pololu Valley side, and it
will add capacity to the system. For a long time, water availability in the region was restricted, and
this project will help. This delay does affect that situation.
Mr. Ney asked if there is a specific point person that the DWS staff works with to keep on top of how
the permitting process is going. In his own experience, they have had issues with County and State
permits and sometimes you need to call and bug them.
Mr. Inaba noted that staff has contacts within CWRM but not so much with SHPD. The local contact
generally says it has to be sent to their main office and then gets distributed down.
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The Manager -Chief Engineer understood what Mr. Ney was saying and not to wait for a reply, but be
proactive in scheduling regular calls to the agencies to check on the status.
Mr. Hirakami asked if there is any standard response time that a commission or agency needs to
respond within.
Mr. Inaba replied for this particular one, there is supposed to be a timeline; but it did pass and staff is
following up on that.
Chairperson Boswell asked for roll call vote.
ACTION: Motion to approve the recommendation for a time extension of 122 calendar days was
carried with eight (8) Ayes: Mr. Bell, Mr. De Luz, Mr. Hirakami, Ms. Howard, Ms. Hugo, Mr. Ney,
Mr. Scicchitano, and Chairperson Boswell; and one (1) Absent: Mr. Sugai.
8) MISCELLANEOUS:
A. EXTINGUISHMENT OF EASEMENTS AFFECTING TAX MAP KEY (3) 2-1-008:023:
The Department of Water Supply abandoned waterlines within the subject property and no longer
requires the related easements as follows:
Easement "A" (0.039 acres)
Easement "B" (0.031 acres)
Easement "C" (0.032 acres)
The Manager -Chief Engineer recommended that the Water Board approve the release of the subject
Easements recorded in Liber 3072, Page 169 at the Bureau of Conveyances of the State of Hawaii on
January 11, 1956, to the current property owner, CPN Investments, LLC.
MOTION: Ms. Howard moved for approval of the recommendation; seconded by Mr. Ney.
Mr. Inaba explained that this is in the Keaukaha area in Hilo. It is somewhat unusual where an old
waterline goes through private property that DWS had an easement for. That waterline is no longer in
use and has not been for a long time. This action is to "clean house" and get rid of that easement over
private property. The Department has an easement for the new line.
Chairperson Boswell asked for roll call vote.
ACTION: Motion to approve the recommendation was carried with eight (8) Ayes: Mr. Bell,
Mr. De Luz, Mr. Hirakami, Ms. Howard, Ms. Hugo, Mr. Ney, Mr. Scicchitano, and Chairperson
Boswell; and one (1) Absent: Mr. Sugai.
B. MONTHLY PROGRESS REPORT:
Mr. Inaba provided an update on Wai `aha Well No. 2. It is currently out to bid and is expected to be
on the next Board for award.
The Manager -Chief Engineer stated that since the topic today was time extensions, he provided the
Board a heads up of another change at the State Water Commission level. They now require the
actual contractor of a project to initiate the well construction permit process, and not the Department
of Water Supply, as it has been up to now. What that means is that a project has to be bid out with a
Page 7 of 14 July 27, 2021, Water Board Minutes
best guess for the contract duration. At this point, it is unknown how long the contract will actually
take because this permitting process will now become part of the actual construction contract. For this
area in Kona, it appears that CWRM has decided to take all of the permits they used to process
administratively to the actual commission body instead.
Mr. De Luz asked the Manager -Chief Engineer if he could help the Board understand whether this
was within their commission rules. He would like to get clarity on what created this policy change.
He felt that some commissions and boards seem to think they have authority over things that are more
administrative in nature. He did not understand why a water utility, which has a mission within the
Constitution, is now having a commission making it arbitrarily more difficult and expensive to fulfill
that mission. He would be happy to research this himself as it might take someone from the outside to
investigate.
The Manager -Chief Engineer stated that he was not sure how the change was made, whether it was
within a particular statute or internal administrative rule, but he appreciated Mr. De Luz's offer to
inquire.
C. REVIEW OF MONTHLY FINANCIAL STATEMENTS:
Mr. De Luz thanked Ms. Gray for the footnotes she added to the financial statements. He noticed
there may be a lot of adjustments made to the year-end report, for which she replied yes. Mr. De Luz
asked about the income statement, which, to his understanding, is more of a timing issue with regard
to recording the pension liability; and because of the way it is done, the Department does not have the
ability or it is not the practice to accrue it, but rather is more of a stated thing where the Department is
told what the amount is and when it is due. Ms. Gray acknowledged that. Mr. De Luz stated that the
good news is the long-term debt and interest expense, which is only about one hundred thousand and
change. It is a pretty good deal because although there is least interest income, there is less interest
expense, and the net effect is good. The delinquencies are a good/bad news deal as he sees it. He did
not know if the reduction in receivables was due to the unfortunate situation now where the
Department has the ability to terminate services and/or if it was where customers were able to receive
some type of assistance from the CARES Act funds. He wondered if there was a way to understand to
what degree this will impact customers, how many, and in what areas. He belongs to another board;
and apparently, there is going to be carryover CARES Act money going into next year for a lot of the
NGO's (non -governmental organizations) social services side. He did not know how much of it could
be earmarked for water; but there is for rent and electricity. He has a strong feeling there are specific
communities that will be impacted more severely, and his gut feeling is that these are the areas that
also have issues with rent and electrical. If he could get some demographic information, without
sharing customer information, he could see if one of the initiatives is water. There may be an
opportunity there for DWS to acquire funding assistance to help with late -payment customers. He
gave kudos to the Department for managing expenses as there is significant decrease. He wondered if
there was a way to take a look at repayment of loans and if it would be prudent to keep the same level
of payment but reduce the principle because the interest rates are low. The reason for his suggestion
is that when you look at general and administrative expenses and going to the collective bargaining
table, they are going to look at this as an opportunity for additional monies for wages and benefits. He
asked if it would be prudent, if the higher repayment is in the budget, to continue paying at that level
but reduce the principle. Hopefully, that would increase the Department's borrowing ability and
reduce debt.
Mr. Ney noted that for General and Administrative (on the Income Statement under Operating
Expenses), it looks like 2020 was roughly $11,294,000 and it is now about $8,600,000. He asked
what has caused the number to decrease. If spending in that area was cut down, he applauds that
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because there is a significant difference. The numbers run a little bit closer from the comparison from
2020 to 2021, and it just kind of popped out.
Ms. Gray stated that this financial statement for June is actually based on the Department's initial
closing of the books and has yet to do fiscal year-end adjustments for accruals after reconciliations.
There will be a final June 2021 financial statements, and the Board will see on the cover sheets that
there are some differences noted as being due to some things not being recorded for fiscal year end.
This would be one of them.
Mr. Ney thanked Ms. Gray for that explanation as it was not clear to him.
The Manager -Chief Engineer stated that it goes back to what Mr. De Luz noticed earlier where he
caught that some things still need to be adjusted for fiscal year end. Probably next month is where the
Board would see the actual adjusted amount for everything as of close of Fiscal Year 2021. The
numbers will be compared to that of the final Fiscal Year 2020 numbers and reflect a more accurate
picture of where the Department stands this year compared to last year. There were some other
comments from Mr. De Luz that Ms. Gray could probably chime in on such as debt and considering
additional principle payments at this time.
Ms. Gray stated that is something that could always be done. There is no penalty for prepayments or
paying off loans early. For the State Revolving Fund loans, the financing terms were recently
changed where the Department could just pay the interest for the first couple of years and then pay
down the principle after that; but for projects done in recent years, the Department has actually paid
off the principle or made principle payments from the beginning so she understood what Mr. De Luz
meant as far as paying off debt a little bit earlier.
Mr. De Luz stated that his concern is that unless you have these schedules when you go to the
bargaining table to show what really is contingent liability on your debt, is they do not look at that
contingent operating liability and you are going to commit to these legacy costs that continue to pile
up and puts the Department, in his opinion, in kind of a handcuff in regard to increasing capacity and
distribution. It is not to suggest that people do not deserve living wages, but there a more prudent way
of understanding what the Department's true costs should be and are managed accordingly.
Mr. Hirakami stated that he was interested in what strategies work to reduce the receivables $116,000
in one month and what it was due to, whether it was due to the CARES Act and due to advertising.
Whatever worked to reduce it by that much should be continued.
Ms. Gray replied that it would be a combination of both. The Department received some utility
assistance payments although it would like to see more. The County is working hard to continue
getting the word out. The delinquent notices and collection process have been restarted; and as far as
the change, she would attribute that for this month.
The Manager -Chief Engineer clarified that the numbers seen in the report are not a comparison to last
month, but are a snapshot of where things are for July of 2021 in comparison to what July of 2020
looked like. Adjustments will be made in the next several weeks as the books are closed out on Fiscal
Year Ending June 30, 2021, and the Board will see a more accurate picture of where the Department
stands at the close of that fiscal year.
Mr. Ney apologized to Ms. Gray for not being able to connect after last month's meeting to go over
his questions as he had a full schedule. He encouraged other Board Members to connect with her as
Page 9 of 14 July 27, 2021, Water Board Minutes
well to go over the financial statements. He would like to understand some of the maturity dates and
when loans will be paid off.
Ms. Gray replied she would reach out to Mr. Ney again to set up that appointment.
D. MANAGER -CHIEF ENGINEER'S REPORT:
The Manager -Chief Engineer provided an update on the following:
1. North Kona Wells - the Deputy reported on a couple of the active repair projects. For Kalaoa
Well, the electrical bypass conductor was installed as of today. The contractor will be scheduling
the start-up soon. For Palani Well, the pump, motor, and equipment are on island and the motor
technician is also on island. They are planning to start the coupling and splicing and servicing and
set up of that equipment starting July 28. Updates on these repairs will be provided next month.
Mr. De Luz commented that this may become a risk management issue very shortly with respect
to management of COVID. He wondered if there is a specific portion within the Department's
contracts with regard to work site protocol. He just saw civil litigation on HIV; and from his
perspective, there may be litigants and attorneys who will do the same thing with COVID,
especially if there is a death. He suggested checking on the risk liability and if supplemental
contracts may need to be issued on current contracts. This could potentially be something that
comes to light quicker than you may think.
2. COVID-19 Update - the Manager -Chief Engineer reported that staff have been reminded of the
Department's internal policies and guidelines regarding mask wearing, physical distancing, and
staying home if sick. There are physical barriers at the offices and extended cubicle heights as
well as plexiglass partitions on all of the service counters where staff interact with the public. The
offices are disinfected by fogging on a weekly basis. There is concern about the COVID case
numbers. The seven- and fourteen -day averages are the highest they have been on this island
since the start of the pandemic. So far the Department has continued to avoid any employees
testing positive, which is a pretty significant accomplishment, and is due to diligence, not only in
the office space, but being responsible outside of the workplace. The Department follows the
Governor's and Mayor's directives as well as policies established by County Human Resources
and has implemented its own directives, stricter than those provided at County and State levels.
Mr. Ney thought this situation is going to be evolving for some time and asked if the Department
has looked at what it can put in place, legally, if it had to, such as requiring vaccinations.
The Manager -Chief Engineer replied that is a very hot topic. At this point, it is not seen as an
option to require employees to be vaccinated in order to continue doing their work. Some entities
are doing that to some degree, and the Governor is even evaluating that possibility with State
workers, but he believes it is only for certain classes of work. Even if it became legally possible,
it would still be a difficult decision for him to make.
Mr. Ney hoped it does not get to that point, but in the back of your mind, there should be some
long-term strategy approach.
Mr. Hirakami reported on his situation in education and being responsible for over 750 kids and
113 employees. The most you can do is keep your employees educated and encourage
vaccinations. The trend on Hawaii Island, just two days this week, reached 99 cases. Sunday
was 65 and was 34 on Monday. That is the highest single -day total since this pandemic started.
Page 10 of 14 July 27, 2021, Water Board Minutes
While the State is going one way and relaxing the standards to get everyone back to work and
school, and tourism, responsible administrators try as much as possible to keep their policies
strict.
Ms. Howard asked what the Department's current policy is --whether it is back to walk-ins or do
people need appointments.
The Manager -Chief Engineer replied that there were always in -person services; but prior to June
of this year, it was by appointment only. Since June, they can walk in without an appointment.
Foot traffic has not been very large. It still seems to be quite reduced from pre-COVID times.
Additionally, the Department's internal Information Education Specialist is providing weekly
email blasts as a reminder wash your hands for 20 seconds, keep your distance, and wear your
face covering.
Ms. Howard thought if it does continue to ramp up, the first step might be to revert back to
restricting access to appointment only and maybe require proof of a negative test or a vaccination
just because probably your most likely source of infection would be a member of the public.
The Manager -Chief Engineer replied that would be open for consideration again.
Mr. De Luz complimented the Department on being accessible by the public. He has had
unfortunate scenarios within the County, specifically one department, that will not return phone
calls, will not answer the phone, and will only take appointments. The DWS, even during normal
times, returns calls, and is accessible, at least over the phone. As a consumer and/or tax payer,
access is really important and some people do prefer face to face interaction. New technology
may become part of access; and the more we can move towards that, the better the efficiency will
be. He thanked the Department and was sure it receives some pretty irritable people calling or
coming in to demand service and complimented how that is handled.
Mr. Ney echoed that the Department is doing a good job and was just emphasizing the concern
that COVID is a cluster type of situation. It only takes one employee and some employees cannot
social distance such as the field crews. He looks forward to continuation of this discussion down
the line but the Department has done a magnific job on keeping a clamp on this.
The Manager -Chief Engineer stated that the field crews typically go out, three to a vehicle; and
there are policies in place to stay apart as much as possible and keeping masks on while travelling
together. This will always be a concern especially as it potentially has the impact to the
workforce. He thanked the Board Members for their comments and kudos.
3. Report on Alternative Procurement - the Manager -Chief Engineer stated that the report on
alternative procurement was emailed to the Board. The report explains what happened at the
original bid opening, where it is now with regard to alternative procurement, and shows some that
are still pending. The Board was invited to call or email if they had any questions on the report.
4. Employee of the Quarter (Second Quarter 2021) - Mr. Blayne Castillo, Water Microbiologist III at
the Water Quality Assurance and Control Branch, was selected as employee of the second quarter
of 2021. His supervisor, Ms. Mae Kise, experienced audio difficulties, and Mr. Inaba reviewed
the write-up she had done for Blayne. He came from the medical field with laboratory
background to the Department of Water Supply in January of 2019. Mae sees qualities in Blayne
that made her very comfortable with the progress he has made. You cannot prepare yourself for
every situation, but he is very calm and shows qualities needed to address them. This award is
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well deserved. It was noted that both Blayne and Mae did not have audio due to connectivity
issues at the Microbiology Laboratory location within the Department's baseyard. The
Manager -Chief Engineer added that the Water Quality Assurance and Control Branch falls under
the Engineering Division and is tasked with ensuring the Department stays in compliance with
Environmental Protection Agency and State Department of Health Safe Drinking Water Act
regulations These are not soft requirements. They come with heavy penalties ($25,000.00 per
occurrence, per day); not to mention the health and well-being of customers, which is top priority.
The Board thanked Mr. Castillo for his dedication and excellence and to the Department for
honoring its employees.
Retirees of the Department of Water Supply
• The Manager -Chief Engineer announced that one of the retirees at the end of this month will
be Ms. Mae Kise, whom he thinks of as his surrogate mom in the way she keeps an eye on,
not only regulations, but on his and the Deputy's well-being. He added his appreciation that
she delayed her retirement to make sure the Department remained in a good place with an
adequate and capable successor, which has now been found in Blayne. She feels comfortable
handing the reins over and enjoying retirement. Mr. Inaba provided some background on
Mae. She started with the Department in July of 1995 as a Laboratory Technician I and
progressed up the ladder to Laboratory Technician II in 1997, to Water Microbiologist II in
1998, Water Microbiologist III in 2000. In between 2000 and 2004, there was a time where
she was on temporary assignment to the supervisory role at the laboratory. Since 2004, she
has been the Water Microbiologist IV, supervising the staff there. Mae has been at her latest
position since the time he became head of Engineering and he has always had the pleasure of
being able to work with her. She is someone he can lean on and will certainly be missed. She
has been an all-star for all of these years. He appreciates that she has stayed on longer than
she had to. The Deputy also thanked Mae for her years of guidance and keeping the
Department's water quality on track. She trained Blayne and staff at the lab well and will be
missed.
Mr. William O'Neil announced that he had two employees retiring from the Operations
Division at the end of this month. Ms. Gail Cantor has been with the Department for
16 years. She started in August 2005 as a Clerk -Meter Reader and worked her way up to the
Customer Service Representative II for the Kona District Office on November 16, 2010. Also
retiring is Mr. Darren Okimoto, with 30 years of service. He started with the Department on
August 1, 1991, as a. Waterworks Helper and worked his way up through the ranks, becoming
the Water Service District Supervisor 11 for the North and South Kona Districts on March 1,
2019. Mr. O'Neil said that, coming from the Waimea district office, he could say that the
Waimea and Kona districts work very closely together; and it has been an honor and privilege
working with both of them through the years. He wished them both a happy and
well -deserved retirement as well as the others retiring from other divisions.
The Manager -Chief Engineer stated that Gail is an employee who cared for the customers and
was on the front line dealing with them and was always professional. The Department has
received compliments from customers on her interactions with them. Darrin is a soft-spoken
person who got along well with his staff. It is a tough job to be a supervisor and then having
to deal with management's directives and balancing that with his staffs' needs and concerns
and he managed it very well. He expressed appreciation to both of them for all their years.
• Ms. Gray announced that her section has an employee retiring at the end of this month. He is
Mr. Jack Vanderhoff from the Customer Service Section, retiring after over 30 years of
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service. Jack began in January 1991 as a Waterworks Helper and has been in several different
positions as Clerk -Meter Reader, Meter Reader I, and will retire with us as our lead
Meter Reader 11 position. He has been in that position for over 23 years. She wished him
well and thanked him for his service and dedication, solely to the Department of Water
Supply.
The Manager -Chief Engineer added that Jack is another long -timer. He is a character, to put
it mildly, and he provided an essential service for the Department. Meter Reading is the basis
for water bills which is the basis for revenues. It is another big gap to fill. From this, you can
see that a lot of times, when you come into our Department, you typically retire from our
Department. Hopefully that sends a message about what type of Department this is. It is a
bittersweet but happy day for these retirees and best wishes to them.
The Board congratulated the retirees and was impressed with the quality of each and how the
torch is passed along to another in the organization and keeping things running smoothly.
Mr. De Luz spoke of the water quality issue in light of what, unfortunately, is in the news
about the Department of Education schools having traces of lead in the water. From a public
education side and when the water quality reports go out, it would be good to have people
understand that the Department's water quality goes up to the meter. The reason it is so
imperative to appreciate and understand is that, especially with a lot of older homes, is their
interconnection is probably galvanized pipes from their side of the meter to the home. If they
took a water sampling from their faucet, it would not be an accurate representation of the
quality of the water coming to the meter. Perhaps some helpful hints, like Frequently Asked
Questions (FAQ) would help people appreciate that. If someone comes and does a test at an
older home, it is more to help understand the concept.
The Manager -Chief Engineer stated that the Department issued its own press release
yesterday to let people know that throughout the 20 years the Department has been doing lead
monitoring on this island, nothing indicates that lead originates from the Department's
system. A copy of that press release would have gone out to the Board Members as well.
E. CHAIRPERSON'S REPORT:
Chairperson Boswell stated that in his four and a half years on the Board, he has never seen such
a touching ohana moment that he just saw with Blayne moving up the ladder, Mae being
comfortable with going into retirement, and the other 20- to 30-year employees who dedicate
their lives to that whole ohana that the Department has developed. He thinks it is awesome and it
has been a pleasure being involved in it and he congratulated everyone.
9) ANNOUNCEMENTS:
1. Next Meeting: - August 24, 2021, 10:00 a.m., via Web Conferencing
2. Request for Agenda Item: Mr. De Luz requested an agenda item for the August meeting for
the annual review of the Manager -Chief Engineer and Deputy to start that process. There have
been some changes in the County's Human Resources department, and it would give more lead
time to work with that department. Chairperson Boswell agreed it would give more time rather
than waiting until the end of the calendar year. It will also give the new Board Members a
chance to understand the process. The Manager -Chief Engineer noted that it will be placed on
the August agenda for discussions and actions in subsequent months.
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Mr. Ney asked how much time in advance does a Board member need to give in advance to
have an agenda item added. Chairperson Boswell replied generally, at least a month because of
the notice period. The request should be emailed to the Department of Water Supply.
10) ADJOURNMENT
ACTION: Mr. Ney moved to adjourn the meeting; seconded by Ms. Howard and carried unanimously
roll call vote (Ayes: 8 — Mr. Bell, Mr. De Luz, Mr. Hirakami, Ms. Howard, Ms. Hugo, Mr. Ney,
Mr. Scicchitano, and Chairperson Boswell; Absent: 1 - Mr. Sugai).
(Meeting adjourned at l l :46 a.m.)
Recording Secretary
APPROVED BY WATER BOARD
AUGUST 24, 2021
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