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HomeMy WebLinkAbout2005-09-27 Water Board MinutesMINUTES DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII WATER BOARD MEETING September 27, 2005 ROYAL KONA RESORT - RESOLUTION ROOM MEMBERS PRESENT: Mr. Ivan Mochida, Chairman Mr. Loren Heck, Vice - Chairman Mr. Thomas Goya Ms. Paula Helfrich Ms. Millie Kim Mr. Bernard Konanui Ms. Sandra Scarr Mr. Riley Smith (10:10 a.m.) Mr. George Wilkins Mr. Milton D. Pavao, Manager (ex- officio member) ABSENT: Mr. Bruce McClure, Director, Department of Public Works (ex- officio member) OTHERS PRESENT: Ms. Katherine Garson, Deputy Corporation Counsel Ms. Amy Self, Deputy Corporation Counsel Mr. Bennett Mark, representing Mr. Christopher J. Yuen, Planning Director (ex- officio member) Mr. Richard Harrison Ms. Virginia Isbell, Council Member (10:37 a.m.) Department of Water Supply Staff: Mr. Quirino Antonio, Jr., Deputy Manager Mr. Glenn Ahuna, Engineering Division Head Mr. Daryl Ikeda, Chief of Operations Mr. Richard Sumada, Assistant Waterworks Controller CALL TO ORDER - Chairman Mochida called the meeting to order at 10:00 a.m. STATEMENTS FROM THE PUBLIC 1. Mr. Richard Harrison: Mr. Harrison stated that he has lived on Napoopoo Road for the past 20 years and has a couple of houses on the lot. His first concern was that their waterline broke a couple of months ago, Page 1 of 12 9 -27 -05 Minutes.doc and that is when he first became aware of the water block tier system where the first 5,000 gallons is at certain level and the rates go up after that. Because they have two houses on the lot, he had asked staff at the Department's Hilo office if they could apply to have that first tier expanded into the first 10,000 gallons. He was informed that every meter is 5,000 gallons. Mr. Harrison did not feel that was equitable in the ohana situation. He had contacted Ms. Scarr, and she had explained to him that it is in the Department's Rules and Regulations. He added that it would be nice to put in second meter, but that is $5,000.00 plus dollars. If you run figures, it would be long time before he would be able to pay that back, or before it is reasonable rate. Therefore, he appealed to the Board to see if there is some way to make that rule equitable and fair. There are many people who would not be able to afford that $5,000.00 charge. Perhaps reducing the charge for the second meter may be an option. Mr. Harrison's second concern was that because of recent hurricanes in this country, he wondered about the Department's emergency preparedness if one was to happen here and the power goes down. He indicated that he is an electrical engineer and had worked with major power users to save electricity. He happened to do some work with the Hilton about 10 years ago. They were using about $300,000.00 in electricity each month. He found out the Department of Water Supply was the highest user of electricity on this island. The Manager indicated that this Department is no longer the highest user, but is now the second - highest user. Mr. Harrison continued that when he put that all together, he wondered if it takes that much power to pump water, what happens when the power fails. He asked if the Department has emergency power to keep the pumps working. The Manager replied that this Department has an Emergency Preparedness Plan with the Civil Defense Department. It identifies different generators needed to power some of the pumps. Civil Defense has identified people they can get the generators from, should the need arise. The problem is that in Kona, because the wells are so deep because the water is at high elevations (up to 1,800 feet), some roads leading up to the tanks require 4 -wheel drive vehicles and a trailer to pull the generators needed for 750- horsepower motors. In some areas, a trailer would not be able to get up there. They needed to make contingency plans where water would be made available at a certain location where people could come get the water. Some of the wells would not be possible to be powered -up in this situation (example, the well in Kealakekua). If this island were to go into disaster mode, Civil Defense would be the lead agency, and this Department provides its backup. Ms. Helfrich indicated that the Emergency Preparedness document is online; and also, the media has done recent reviews of all counties here as to the level of preparedness. This County has probably the most comprehensive plan for the past 15 years. It may be good for everyone to review. Ms. Scarr and Mr. Wilkins requested that the block tier water rates issue be placed on the Agenda for next month to afford the Board more discussion in that area. Page 2 of 12 9 -27 -05 Minutes.doc APPROVAL OF MINUTES MOTION: Mr. Goya moved for approval of the Minutes of the August 23, 2005, Water Board Meeting; seconded by Mr. Wilkins. Secretary noted correction to be made to Page 21, under Manager's Report, Item No. 4 - Employee of the Quarter Presentation - change title to "Assistant" Customer Service Supervisor. ACTION: A vote was taken on the Motion to approve Minutes, as corrected. Motion carried unanimously by voice vote. APPROVAL OF ADDENDUM AND /OR SUPPLEMENTAL AGENDA ACTION: Mr. Heck moved to add Addenda Items: South Hilo, Job No. 2004 -840, Haaheo Water System Improvements time extension request, and Miscellaneous Items K) Waiver of Conflict, and L) Executive Session; seconded by Mr. Wilkins and carried by roll call vote (Ayes: 9 - Mss. Helfrich, Kim, and Scarr; Messrs. Goya, Heck, Konanui, Smith, Wilkins, and Chairman Mochida; Nays: 0). SOUTH HILO: A. JOB NO. 2004-840, HAAHEO WATER SYSTEM IMPROVEMENTS: The Board considered a request from the consultant, Inaba Engineering, Inc., for a contract time extension of 120 calendar days due to delays in resolving easement and pipeline alignment issues with the Wainaku Farm Lots Subdivision Homeowners Association and C. Brewer, Ltd. This is the first time extension request. Engineering staff has reviewed the request and finds that the 120 calendar days are justified. The Manager recommended that the Board grant this extension of contract time of 120 calendar days to Inaba Engineering, Inc., for JOB NO. 2004 -840, HAAHEO WATER SYSTEM IMPROVEMENTS. If approved, the contract completion date will be extended from October 1, 2005, to January 29, 2006. ACTION: Mr. Goya moved for approval of the Manager's recommendation; seconded by Ms. Scarr and carried unanimously by voice vote. NORTH KONA: A. MAINTENANCE BID NO. 2005-06, REPAIR AND MAINTENANCE OF KAHALU`U SHAFT HIL- A- VATOR, KONA: One bid was received and opened on September 16, 2005. KONE, Inc., bid $2,000.00 /month to perform the repair and maintenance on the hil -a -vator for 21 months with a call-out cost of $250.00/hour. Page 3 of 12 9 -27 -05 Minutes.doc 1. Cost of contract for 21 months ($2,000.00 x 21 months) $42,000.00 2. Contingency 8,000.00 TOTAL $50.000.00 The last two -year contract price was for $1,700.00 /month, at a total cost of $40,800.00, with a call-out cost of $227.34/hour. The Manager recommended that the Board award the contract for MAINTENANCE BID NO. 2005 -06, REPAIR AND MAINTENANCE OF KAHALU`U SHAFT HIL- A- VATOR, KONA, to KONE, Inc., for their bid amount of $42,000.00, plus $8,000.00 in contingency, for a total contract price of $50,000.00 and that either the Chairman or the Vice - Chairman be authorized to sign the documents, subject to review and approval by Corporation Counsel. The contract period shall be from October 1, 2005, to June 30, 2007. ACTION: Mr. Wilkins moved for approval of the Manager's recommendation; seconded by Ms. Scarr and carried unanimously by voice vote. MISCELLANEOUS: A. DEDICATION OF WATER SYSTEMS: The Department received the following documents for action by the Water Board. The water systems have been constructed in accordance with the Department's standards and are in acceptable condition for dedication. 1. CANCELLATION OF EASEMENT GRANT OF EASEMENT KEAAU ELDERLY HOUSING Grantor: Kea`au Housing Foundation, Inc. TMK: (3) 1 -6- 143:039 COMMENTS FROM MS. KATHERINE A. GARSON, DEPUTY CORPORATION COUNSEL These documents are intended to replace the Grant of Easement previously recorded on December 15, 2003, as Document No. 2003 - 275834, as the U. S. Department of Housing and Urban Development is refusing to close on their loan to Kea`au Housing Foundation with the language as contained in the original easement document. 2. GRANT OF EASEMENT AND BILL OF SALE KAHA`OLINO SUBDIVISION (fka Matsumoto Subdivision) Subdivision Application No. 2003 -004 Grantor: Kaha`olino Partners, LLC E.W.O.: 2004 -082 TMK: (3) 7 -3- 005:085 & 095 Page 4 of 12 9 -27 -05 Minutes.doc Lots: 36, plus 3 roadway lots Zoning: RS -20, A -5A Facilities Charge: $183,880.00 Paid: August 31, 2005 Capital Assessment Fee: $16,500.00 Paid: August 31, 2005 Final Inspection Date: August 9, 2005 Water System Cost: $166,075.00 3. DEED HONOMU TANK AND WELL SITE Grantor: C. Brewer and Company, Limited TMK: (3) 2 -8- 013:059 por. 4. RIGHT -OF -ENTRY AGREEMENT HONOKOHAU TANK SITE AND EASEMENT Parties to Document: Water Board of the County of Hawaii Stanford Carr Development, LLC TMK: (3) 7- 4- 008:047:portion & 7 -4- 008:067 The Manager recommended that the Water Board accept these documents subject to the approval of the Corporation Counsel and that either the Chairman or the Vice - Chairman be authorized to sign the documents. MOTION: Mr. Goya moved for approval of the Manager's recommendation; seconded by Ms. Scarr. Ms. Garson brought the notes in Item No. I to the Board's attention. Because Kea`au Housing Foundation is receiving funds from Housing and Urban Development, their standard form needs to be used. What is different about this easement is they had crossed out the section that this Department normally has in its Grant of Easement that says this Department will not be liable for any building or structure that they put in our easement area. They also added the condition that whatever this Department does to the easement in that area, that the area be restored to its original condition. They also added a section that stated this Department shall use due care to take care of its meter and pipeline; and if there is any damage, this Department indemnify them. In response to Ms. Scarr's question if Ms. Garson has any concern about the first provision about buildings put in the easement, she replied that there probably would never be any buildings in the easement area. It is a meter box and it is at the front. The chances of this happening are so slim; and upon discussing this with staff, weighing the risk, it seemed pretty small. With respect to Mr. Wilkins' question on Item No. 2, if it means the Honomu tank and well site are on line now, the Manager replied it is not. This is an easement so the Department has acquired the land so it can put the reservoir and well in. ACTION: A vote was taken on the Motion. Motion was carried unanimously by voice vote. Page 5 of 12 9 -27 -05 Minutes.doc B. JOB NO. 2004-841, ENVIRONMENTAL ASSESSMENT FOR THE CONSTRUCTION OF THE ISLAND -WIDE SPIGOTS FACILITIES: The Board considered a cost proposal for M & E Pacific, Inc., dated August 17, 2005, to perform the Environmental Assessment for Tax Map Key 9- 5- 006:Portion 1 and Portion 2 - -an alternate spigot site in the Waiohinu, Kau area. The County of Hawaii recommended the Department add this site to the scope of work under the executed Agreement with M & E Pacific, Inc. Under the terms of the Agreement, M & E Pacific, Inc., is required to prepare an Environmental Assessment of the ten (10) potential spigot sites located around the island of Hawaii. Adding an alternate site in the Waiohinu area will serve as a precautionary measure to ensure a spigot site will be available in the Waiohinu area, should the Waiohinu Transfer Station site be deemed unsuitable through the Environmental Assessment process. The United States Environmental Protection Agency is providing the funds for the Environmental Assessment and has approved the addition of the alternate site in Waiohinu, under a contract change order (Contract Change Order No. 2), to the original Agreement scope of work. The additional cost to assess the alternate site, TMK 9- 5- 006:Portion 1 and Portion 2, is $9,300.00. The Department of Water Supply staff has reviewed the consultant's cost proposal and finds it to be acceptable. The Manager recommended that the Board approve Contract Change Order No. 2, for JOB NO. 2004 -841, ENVIRONMENTAL ASSESSMENT FOR THE CONSTRUCTION OF THE ISLAND -WIDE SPIGOTS FACILITIES, adding the work to perform an Environmental Assessment of Tax Map Key 9- 5- 006:Portion 1 and Portion 2 to the ten sites to be assessed by the consultant. MOTION: Mr. Wilkins moved for approval of the Manager's recommendation; seconded by Mr. Goya. In response to Mr. Smith's question of what the base of the original agreement was, Mr. Ahuna replied that it was approximately $10,000.00 per site; and there are ten sites. Mr. Heck asked about how the sites are chosen and by whom and if Ocean View is on that list. He mentioned the preliminary EPA assessment and what he was thinking is that it may be too late for when the $6 million is available and that a preliminary assessment, much like what is being done in Waiohinu, might be a good idea since it is inevitable that there will be a site on the highway. The Manager stated that he would address that under his Manager's Report later. ACTION: A vote was taken on the Motion. Motion was carried unanimously by voice vote. C. PROFESSIONAL SERVICES AGREEMENT: Professional Services Agreement contract for the following Department of Water Supply project is currently being processed. However, the project is not listed on the Department's current 5 -year Capital Improvement Projects list. Page 6 of 12 9 -27 -05 Minutes.doc Kahaluu Shaft Water Quality Enhancement, Part I (consists of a feasibility study to assess treatment alternatives and costs) Consultant: Brown and Caldwell Original Contract Amount: $68,400.00 (previously approved) Additional Fee: $29,700.00 This project was initially approved by the Water Board at its July 2004, meeting for an estimated fee amount of $70,000.00. The Department subsequently executed a contract with Brown and Caldwell for $68,400.00. Since the project was started, another option to desalination treatment was brought up. This option is to investigate the possibility of physical modifications or operational adjustments to reduce chloride and sodium levels. The Manager recommended that the Board approve the additional funds in the amount of $29,700.00 to execute this amendment to the contract, and that either the Chairman or the Vice - Chairman be authorized to sign the documents, subject to approval of Corporation Counsel. MOTION: Mr. Goya moved for approval of the Manager's recommendation; seconded by Mr. Wilkins. Mr. Smith stated that he had no concern with the additional fee but would like to see more backup information, such as hourly rates and task breakdown. ACTION: A vote was taken on the Motion. Motion was carried unanimously by voice vote. D. VEHICLE BID NO. 2005-07, FURNISHING AND DELIVERING VEHICLES TO THE DEPARTMENT OF WATER SUPPLY: Two (2) bids were received and opened on September 19, 2005; and the results were enumerated in the Agenda. The Manager recommended that the Board award VEHICLE BID NO. 2005 -07, FURNISHING AND DELIVERING VEHICLES TO THE DEPARTMENT OF WATER SUPPLY, to the following: Clark Automotive Group, Inc., dba Island Chevrolet - Parts B, D, E, and G, for a total contract price of $132,869.98, and Inter Pacific Motors, Inc., dba Orchid Isle Auto Center, - Parts A, C, and F, for a total contract price of $96,172.19, and that either the Chairman or the Vice - Chairman be authorized to sign the documents, subject to approval of Corporation Counsel. MOTION: Ms. Scarr moved for approval of the Manager's recommendation; seconded by Mr. Wilkins and carried unanimously by voice vote. Mr. Smith had some questions regarding selection -- example if one brand is better or may not give as much trouble but may cost more, what happens. Page 7 of 12 9 -27 -05 Minutes.doc The Manager explained that under the Procurement process, the Department needs to take the lower rate because it is our obligation, in doing the specifications, to make sure that what is there is what the Department will be satisfied with. If they bid minimum specifications, the Department has no authorization to deny the bid. He also explained the minimum specifications column for bidders exceptions. If they cannot meet the specifications, they can explain why, or sometimes they may have something that is better than the specifications. It is part of the Department's analysis. Mr. Wilkins also asked if provisions can be made for evaluating a company by their past performance; example, if one company repeatedly promises but does not deliver to the promise, and if that evaluation can be used. The Manager replied that it can; however, there are provisions in the Hawaii Revised Statutes that govern it. If someone were going to be denied, you would almost have to bar them from bidding. ACTION: A vote was taken on the Motion. Motion was carried unanimously by voice vote. E. REVISED TABLE OF ORGANIZATION FOR THE OPERATIONS DIVISION: 1. Due to the continuing growth in District III (North and South Kona) and District II (North Hilo, Hamakua, North and South Kohala), the meter reading section is continually rushing to meet deadlines and must rely on the field crew to perform some of their duties. Adding a Meter Reader I position (SR -11) would give the districts the flexibility of creating a second meter reading crew to better meet deadlines and performing other tasks in their job descriptions. Currently, the Kona District is temporarily borrowing the Meter Reader I position from the Hilo District. The Department will not be able to extend the temporary appointment after November 2005; therefore, the Kona District will be without a full crew to perform their duties. 2. Currently, the Equipment Operator II position is located in the Building and Reservoir Section of the Table of Organization in Districts II and III. It would be more efficient and practical to have this position under the direct supervision of the District Supervisor. It is proposed to transfer the Equipment Operator II position from the Building and Reservoir Section to the Trades Support Section. For future considerations, it is also proposed to remove the temporary as- needed designation from the position to give the Department the option of filling the position on a full -time basis, if required. 3. The Energy Engineer IV position that was approved by the Board at the January 2005 meeting required the applicant be a licensed Electrical Engineer. At last month's Board meeting, and Electrical Engineering series was approved for the Engineering Division. The requirement for a licensed Electrical Engineer for the Energy Engineer IV position can now be eliminated. It is proposed to revise the position description by eliminating the licensed Electrical Engineer requirement for the position and require that the position be filled by a civil, mechanical, or electrical engineer. The title of the position will be changed to Energy Analyst. This position is very similar to the County's "Energy Coordinator" or Economic Development Specialist III (SR -24). Page 8 of 12 9 -27 -05 Minutes.doc The Manager recommended that the Board approve the creation of the Meter Reader I positions in Districts II and III, transfer the Equipment Operator II positions from the Building and Reservoir Section to the Trades Support Section and to remove the temporary as- needed designation from the position in Districts II and III, and the revision from Energy Engineer IV to Energy Analyst. MOTION: Mr. Goya moved for approval of the Manager's recommendation; seconded by Ms. Scarr. Mr. Smith commented that off and on, there has been discussion about automatic meter reading; and with Civil Service, if you create a position, it is always hard to cut back later. He asked if that creates a problem if a new position is created that later might not be needed. The Manager stated that the Department plans to convert about 2,200 accounts to automatic readable meters. The intent is what like the other jurisdictions have done and that is to take those meter readers that will not be needed and retrain them for other jobs. There is no intent to lay off any meter readers. ACTION: A vote was taken on the Motion. Motion was carried unanimously by voice vote. F. MONTHLY PROGRESS REPORT: Ms. Scarr mentioned the waterline improvement project along Mamalahoa Highway, which is almost finished. She stated that she has received inquiries from the makai side of Old Mamalahoa Highway, going through Holualoa, and asked if there would be additional water rights available because of the new larger transmission line. The Manager replied that if they have an existing lot, that will not be a problem. In response to Ms. Scarr's question of when the Waiaha Well will be online, the Manager replied that the pump went in. They are supposed to be testing the pump, so it may be another two months. Ms. Scarr asked about the size of waterlines going down through subdivisions that perhaps could be extended. The Estates at Holualoa has an 8 -inch line going down into Sunset. Once Waiaha is pumping and there is a new bigger line through Holualoa, it would need the mauka/makai connectors to go down. The Manager stated that the Department is working on acquiring a corridor to bring a 16 -inch line down. G. REVIEW OF MONTHLY FINANCIAL STATEMENTS: Mr. Goya commented on the listing of unfilled positions in the Department - -down from 25 to 6 -- and hoped the Department will find the engineers it desires. The Manager stated that it is not the Department's intent to fill positions unless it is necessary, in an effort to keep expenses down. Page 9 of 12 9 -27 -05 Minutes.doc H. MANAGER'S EVALUATION: Ms. Scarr volunteered to tabulate the results, like last year's evaluation. It was decided that each Board Member would turn in their evaluation to the Secretary, who would bring them to Ms. Scarr next month. An Executive Session will be scheduled for November to review the results. I. MANAGER'S REPORT: 1) Kona Coastview/Wonder View Improvement District project - project going well and may be ahead of schedule. 2) USGS Drilling Program - depth of well in Ocean View is now 1,600 feet. 3) Kona Water Quality - as discussed previously, the consultant will do additional study because they think that when the pumps come on, the water is coming from the bottom instead of the infiltration galleries. One theory is to cement off the bottom right under the wells to force the water to come in from the sides. They will use food -grade dye to see where the water is coming from. If the quality of the water can be improved by doing actual construction instead of treatment, it will be much better. 4) Hawaiian Ocean View Estates - the Manager has been meeting with the County. The project will be managed by this Department, at the Mayor's request; and the Department will procure a consultant. Prior to the design, the Department will hold public hearings. With respect to Mr. Heck's earlier question about a spigot, he thinks that if the money is released and the project goes ahead, they will make a spigot part of the project to take care of the concerns. There should be enough money to provide a spigot because there was enough money for one for water hauling. The other project (Job No. 2004 -841, Environmental Assessment for Island -wide Spigots Facilities, mentioned earlier) will probably go before this project, so a spigot can be taken care of with this $6 million. BREAK: 11:00 a.m. to 11:07 a.m. J. CHAIRMAN'S REPORT: Mr. Goya noticed that the USGS Cooperative Agreement is about to expire and asked for update. Chairman Mochida asked that it be placed under the Manager's Report for the October 25, 2005, meeting. K. WAIVER OF CONFLICT: Mr. Sherman Hee requests that the Water Board waive any conflict that may exist in his representation of Akalea LLC in the condemnation proceeding pending in the Circuit Court as Civil No. 05 -1 -0204. Mr. Hee did not participate in any of the deliberations on the subject property, which was then owned by another party not related to his client, since Mr. Hee's role was Special Counsel assigned to specific projects and not as general counsel. Ms. Scarr asked if Corporation Counsel had any concern about this. Page 10 of 12 9 -27 -05 Minutes.doc Ms. Garson explained that Mr. Hee was under contract for a number of years representing the Water Board. This Agenda item came at the request of Mr. Hee. He is requesting that the Water Board waive any conflict that may exist in his representation of Akalea LLC (Akalea) in the condemnation proceeding pending in the Circuit Court as Civil No. 05 -1 -0204. As attorney for the Water Board, part of his contract was to be available as general counsel. She thought there was sort of a semantics issue. He was hired as special counsel for the Water Board and was present at most of the Board's meetings. This Akalea is a condemnation case where the Water Board filed condemnation action against Akalea (Mr. Frank DeLuz who has a security interest in this property). This is for the Department of Water Supply's Piihonua/Kukuau project. Mr. Hee now represents Akalea. Corporation Counsel's Office filed a complaint for condemnation on behalf of the Water Board. Mr. Hee filed an answer, representing his client. Now, the question is that he was this Board's attorney and now he wants to represent someone who is on the opposite side of the Water Board. There may be a conflict, and he has to ask if the Board is willing to waive that conflict of interest so he can go ahead and represent someone against the Water Board. He was not the Board's attorney at the time the Resolution to condemn was passed. His contract expired June 30"', and the Resolution took place in July. However, her recollection is that there may have been some discussion before that regarding the status of the project -- leading up to the Resolution and that Mr. Hee was present during some discussion on this project. Ms. Self stated that it is entirely the Board's decision whether or not to grant Mr. Hee the waiver. The rules she spoke of are the rules of professional conduct for attorneys. The reason he is asking for the waiver is so he can represent this adverse client because under the rules which guide the behavior of attorneys, he must do so. It does not matter that since he was the former attorney for the public agency (Water Board), there is actually a comment under the rule that specifically states that even if it is a special counsel hired to the Board, he is included in this rule. That means that in order for him to represent this adverse client, there is still this client with whom the Board was going to condemn their property. It does not matter that this Resolution was passed afterwards. The whole issue is that Mr. Hee was the Board's attorney at the time this matter was brought up. Even if discussion was not held during Executive Session, there is still this thing of confidences between the Board and its attorney. Those confidences should not end just because he is no longer the Board's attorney. It is the Board's right, as the former client, to ether waive the conflict or not waive the conflict. Mr. Smith asked if Mr. Hee had access to information as counsel that would be advantageous and that he would not otherwise have had. (Ms. Garson indicated that she would answer that during Executive Session.) In response to Mr. Konanui's question of whether the Department has any plans to utilize Mr. Hee's services in the future, the Manager replied not at the present. Mr. Konanui wondered what would happen if Mr. Hee's expertise is needed by the Department in the future if the Board waives the conflict. The Manager did not think the Department would be needing Mr. Hee's services since the Department has been satisfied with the services provided by Corporation Counsel's office. Page 11 of 12 9 -27 -05 Minutes.doc Ms. Scarr proposed that the Board suspend discussion of this item and move into Executive Session for the purpose of consulting with its attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Ms. Helfrich felt that this is cut and dry as far as attorney /client and was not sure why it was a big issue. It is over a year, and Mr. Hee will have to maintain his attorney /client privilege with the Board as well as with his new client; and if the Board is going to try and anticipate future needs for this attorney, it needs to give him his due to go and do whatever it is he is going to do with his client. He cannot use his time with the Board against the Board, as far as she understood attorney/ client privilege. It is continuous. Chairman Mochida asked if there was a Motion to enter Executive Session. ACTION: Mr. Heck so moved; seconded by Mr. Wilkins and carried unanimously by voice vote. L. EXECUTIVE SESSION: The Board entered Executive Session from 11:18 a.m. to 11:29 a.m. ACTION: Ms. Scarr moved that the Board deny Mr. Hee's request for the Water Board to waive any conflict in the proceeding as Civil No. 05 -1 -0204; seconded by Mr. Goya and carried by show of hands vote (Ayes: 7 - Mss. Kim and Scarr; Messrs. Goya, Heck, Konanui, Smith, and Chairman Mochida; Nays: 2 - Ms. Helfrich and Mr. Wilkins.) ANNOUNCEMENTS: Next Meeting: The next meeting of the Water Board will be held on October 25, 2005, 10:00 a.m., in the Hilo Operations Center Conference Room, 889 Leilani Street, Hilo, Hawaii. STATEMENTS FROM THE PUBLIC None. ADJOURNMENT ACTION: Mr. Wilkins moved for adjournment of the Meeting; seconded by Ms. Helfrich and carried unanimously by voice vote. (Meeting adjourned at 11:33 a.m.) Secretary The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326 -W, Whitten Building, 14"' and Independence Avenue, SW, Washington DC 20250 -9410. Or call (202) 720 -5964 (voice and TDD) Page 12 of 12 9 -27 -05 Minutes.doc