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HomeMy WebLinkAbout2013-10-17 Veteran Advisory Committee Minutes VETERANS ADVISORY COMMITTEE Thursday, October 17, 2013, 3:00 p.m. County Building – Puna Conference Room (Hilo) West Hawai`i Civic Center – OHCD & Elections Conference Room (Via Videoconferencing) Present Members Don Bennett Caleb Churchill Penny Fox Wayne Nishijima Delbert Nishimoto Emile Wery Kona (OHCD & Elections Office Conference Room) (Via Videoconferencing) Members David Carlson Antonio Gaspar Minoru Hanato Joseph Nimori Guests (Kona) Karen Eoff, Council Member Steve Lopez, Legislative Specialist to Council Member Eoff John Grogan Curtis Tyler Awa Huihui-Graffe Paul Graffe Bob Strickland Jonelle Holton William Flynn Guests (Hilo) Juan Babiak, Liaison (Yukio Okutsu State Veterans Home) Dale Wilson, Military Order of the Purple Heart Ex-Officio (Hilo) Clayton Honma, Director, P&R Robert Fitzgerald, Deputy Director,P&R Also Present (Hilo) Nathalie Santos, Secretary, P&R Renee Schoen, Deputy Corporation Counsel Absent John Okino George Yamamoto Veterans Advisory Committee Page 2 October 17, 2013 CALL TO ORDER  Chairperson David Carlson called the meeting to order at 3:15 pm. STATEMENTS FROM THE PUBLIC Speaker #1 – Curtis Tyler of Disabled American Veterans (DAV), Kona Chapter 7, Retired Naval Officer and Former Council Member for District 8 Veterans Cemetery III – Water Issue and Support of POW/MIA Memorial Garden Mr. Curtis Tyler spoke on behalf of POW's MIA's, the West Hawai`i Veterans Cemetery and the issue of water. He shared that he understood from several veterans and veteran’s organizations as well as from the minutes that Mr. Lum reported about the National Cemetery Administration’s approval of a well project for the West Hawai`i Veterans Cemetery which will hopefully remedy the water problems. In 2002, 11 years ago, he wore the hat to serve as a Councilmember from North Kona. On July 31, 2002, the Hawai`i County Council held a meeting at the Hilo Council Office and on the second page of the agenda under Order of Resolutions, Resolution No. 225-02 states it authorizes the grant of easement for waterline and utility purposes at Pu`u Kala at Kaulana, District of North Kona, Island County and State of Hawai`i to WB Kukio Resorts, LLC. {WB Kukio Resorts, LLC requests a perpetual non-exclusive easement for waterline and utility purposes across the "paper" homestead road (See Exhibit A) to operate its existing waterline and utility system previously granted by the State of Hawai`i, Department of Land and Natural Resources. The easement shall provide non-potable water service, free of charge, to the County of Hawai`i’s, West Hawai`i Veterans Cemetery until that water service is no longer needed.} He said that is the title of the agenda item. th Mr. Tyler stated that Resolution 225-02 in the 4 “Whereas clause” speaks to the State Board of Land and Natural Resources requiring the WB Kukio Resorts, LLC provide among other things non-potable irrigation water at no charge and potentially potable water for which there would be a charge to the County of Hawai`i, West Hawai`i Veterans Memorial Cemetery identified as TMK (3) 7-2-004:021, etc. He shared that the next “Whereas” states that the easement requested will provide irrigation to the County of Hawai`i, West Hawai`i Veterans Cemetery, and now, therefore be it resolved that the County Council authorized the Director of Finance to grant a perpetual non-exclusive easement for waterline and utility purposes to the Developer WB Kukio Resorts, LLC with the conditions that the grantee WB Kukio Resorts, LLC shall provide non-potable water free of charge until that water service is no longer needed. Attached to that Resolution is a Grant of Easement subject to the following terms and conditions and convenants. #12 reads - Special Conditions. The grantee is required to provide non-potable irrigation water at no charge, and potentially potable water for which there would be a charge, to the West Hawai`i Veterans Memorial Cemetery identified as tax map key (3) 7-2-004:021 until that water service is no longer needed. The minutes of that meeting reflect that resolution passed unanimously (9-0) by the Hawai`i County Council on that date and was adopted and is therefore in effect. He Veterans Advisory Committee Page 3 October 17, 2013 shared that he understands from a private discussion with Deputy Director Fitzgerald that some time ago, a previous P&R Director signed a document with the Developer that changed this policy. He reminded everyone present including the Mayor and the legislative branch that the only policy makers in the County of Hawai`i are elected and they are called the County Council. They are the only ones that can pass resolutions and approve grants of easements. He said that as far as he is concerned, having been the author of this resolution and a strong supporter along with his 8 other colleagues, this is still in effect and he can't believe that any administrative officer appointed by the Mayor and approved by the Council would have any authority to change these special conditions which also came from the Board of Land and Natural Resources. He shared that he would be happy to answer any questions. Mr. Tyler said it is his understanding having attended last month's Kona Chapter 7 DAV Meeting there's been some discussion about not having enough water to water the grass and to provide a small volume of water for this POW/MIA proposed Memorial Garden. He also understands there have been significant water leaks in the system obviously none of the POW's or the MIA's have any responsibility for this and he would go and fix it if he wouldn't be arrested. In any case he said do not shoot the messenger, let’s make sure to approve this garden, it’s a very good idea and as far as he's concerned this proposal which was initiated, a fundraiser has been held and the coordination is for a very worthy project in memory, honor and gratitude of all veterans and most especially the POW's, MIA's whose service and duty to our Country must never ever be forgotten. He said he stands in strong support of the proposal and he would be happy to answer any questions. Deputy Director Bob Fitzgerald asked him about the first agreement that was signed about the water, if it was for an unlimited amount of water or was there a cap on it? Mr. Tyler responded there is no cap on it, he read the documentation verbatim which was provided to him via email from the County Clerk's office. There is no caveat, the only caveat is if potable water is desired and there is potential for it, there will be a charge for it. But there should be no charge for any non-potable water which he hopes is what we're using on the lawns and this proposed fountain and garden. There is not only no charge, but that water is to be provided for as long as it is needed and the last time he checked you guys have over a hundred inches of rain and we're lucky if we get 50 so as far as he knows the water is definitely needed and based on what he heard from his brothers at the DAV, the County is trying to tell the veterans we can't water the grass so we have to start paying. Last time I checked most of the veterans he's known paid a long long time ago and we can't let this sit like this. Deputy Director Fitzgerald responded that during his report he will make it a little more accurate because it’s not quite accurate his statement about the County asking for stuff, but during his report he'll clarify it. Veterans Advisory Committee Page 4 October 17, 2013 Mr. Tyler said he understood that P&R was very concerned about the possible addition of this garden because of the 93 gallons a day or whatever and he hopes it will be recirculated, and won’t break the bank. He wants to let everybody know you might be hearing things, but don't believe everything you hear and that's not against Bob in any way, shape or form because this was done before he came here. Look at the record, look at the legal documents and it is very very clear. Deputy Director Fitzgerald said when he looked at the original documents in 2000 or 2002 he thought there was a cap of how much water they could produce. As far as the free and everything else that is a 100%, but he thought there was a cap of how much they would provide for free. POW/MIA PRESENTATION Speaker #2 - Awapuhi Huihui-Graffe Veterans Cemetery III – Support of POW/MIA Memorial Garden Awapuhi Huihui-Graffe said she had a vision and a passion to honor those that have made the ultimate sacrifice, these men and women soldiers who still fight today. Some from the past have not returned home. She just needed a place to honor them and that families can honor them. She and her husband had a vision to create a memorial garden at the Veterans Cemetery. John Grogan and a few others met some very good friends of West Hawai`i Veterans Cemetery along with Curtis Tyler who they met just a few weeks ago heard their story and plea to the Water Department. They are not going to overuse the water, they just want a place for the soldiers and their families to come and celebrate a garden for them. Her father-in-law Captain Paul Graffe was shot down in Vietnam in 1959 and he doesn't have a place. His place is in a foreign country because he was never found along with 83,000 that have not come home. She will not forget them and she hopes that others will also not forget them. She requested approval for this garden. Speaker #3 - Councilmember Karen Eoff, District 8 Veterans Cemetery III – Support of POW/MIA Memorial Garden Councilmember Karen Eoff shared when she saw a message going around from Susan Awapuhi regarding fundraising for this memorial she thought what a wonderful opportunity for her to contribute. Because it would take a long time to raise the funds necessary for this memorial and she didn't want it to take too long, she would like to appropriate about $15,000 from her Council Contingency Funds towards this garden to help make it become a reality. Her staff is ready to go and has the necessary paperwork to transfer these funds to a P&R account in order for them to purchase the necessary benches, plants, stone work and memorial plaques to make the garden a reality. She said they first needed to receive the approval from this committee and urged members to please support this project and they will do it in a timely fashion. She shared that she felt it will benefit everybody present and everybody that has sacrificed their lives. She thanked Curt Tyler for reminding us what a long road it has been to make this the most beautiful cemetery in the state. She congratulated everybody for their commitment and thanked P&R Director Clayton Honma and Deputy Director Bob Fitzgerald for their help. Veterans Advisory Committee Page 5 October 17, 2013 Speaker #4 – John Grogan Veterans Cemetery III – Support of POW/MIA Memorial Garden John Grogan stated that he is a six term past president of the West Hawai`i Veterans Cemetery Association and is quite familiar with the cemetery. His current responsibility is serving as the commander of the Kona Local VFW Post and on behalf of the membership he expressed their support of the proposed POW/MIA Memorial/Scattering Garden. The Scattering Garden has been in place for three years and is all lava rock, not one person’s ashes has been scattered there. He said thanks to Paul and Susan Graffe who came up with the concept to make it a more respectable place, not only for the scattering of ashes but also to have a reflecting area for the POW/MIA's that did not return. He gained the approval of Ron Han over a year and a half ago for this concept so the state has endorsed it. PREVIOUS MEETING MINUTES – August 15, 2013 The minutes of the August 15, 2013 meeting were approved as submitted. REPORT ON CEMETERIES – STATE VETERANS ADVISORY BOARD Hawai`i Island - East Hawai`i Representative – VACANT No Report. Hawai`i Island - West Hawai`i Representative - Mr. Herb Lum Mr. Lum was absent. No Report REPORT OF THE DIRECTOR OF PARKS AND RECREATION Deputy Director Robert Fitzgerald Reported On Behalf of Parks and Recreation Veterans Cemetery III – West Hawai`i Water Issues Deputy Director Fitzgerald shared that to date the County has not received any bills from the Waikoloa Water Company. They have had discussions and will have another meeting shortly, but the County has not been charged for water at the cemetery at all. That is the record. He said what has been brought to their attention is the change in the agreement over the years. That there is potential for the new Waikoloa Water Company to charge the County for the use of the water. Next month he and Director Clayton Honma will get together with the water company and find out where they are. Former Councilmember Curtis Tyler is accurate as far as the date, it started in 2002 in the resolution, but in the references he got there was a cap which needs clarification, but needless to say that was with Kukio Water Company which was sold to the Waikoloa Water Company in 2008 or 2009 that is owned by a mainland water company which is the third largest water company in America. On November 12, 2008 a new agreement was signed by the former Director of Parks and Recreation. He does not know the reasons, but in the new agreement it does show that they can charge the County for potable water and they can give the County some free water. Veterans Advisory Committee Page 6 October 17, 2013 He also shared that the Waikoloa Water Company bought this company based on the fact that this agreement was signed. There are a couple of issues, but he would like to wait until they meet with representatives of the water company first. Deputy Director Fitzgerald said they have readings that the cemetery is using between 32,000 to 45,000 gallons of water per day. A water leak was detected and repaired yesterday. P&R staff recently installed meters to gauge water to various areas of the cemetery: the greenhouse, the trees down the road, the dryland forest and one for each section of the cemetery. The cemetery employee will record daily usage so by the next meeting he will report which area uses x amount of water. The leak was five or six feet below ground and it doesn't show because it’s all a`a underneath. The last meter reading with the leak was 20,000 to 24,000 a day so hopefully we are down to a reasonable level now that the leak has been repaired. Deputy Director Fitzgerald said it was brought to his attention that a non-profit group asked the water company for a donation of water to the cemetery. That was a red flag for the water company, the County had not received any bills, there hasn’t been a meeting yet and we receive this letter informing us that they are going to charge us because one group is asking for a donation of water as a 501C-3 organization. He shared that he was shocked that one group would ask for free water just for themselves. Deputy Director Fitzgerald said that he and Director Honma will work with the Water Company and have a report at the next meeting. Chairman Carlson asked Deputy Director Fitzgerald to request a copy of the agreement with the limited amount of water from the water company. Deputy Director Fitzgerald said he has the new agreement and the original agreement which they said has a cap. Chairman Carlson said he has a copy of the original agreement which has no cap and the copy of the transfer from Kukio to the Kona Water Service Company which lists everyone and every organization that gets water except the West Hawai`i Veterans Cemetery. He obtained that document off of the State of Hawaii PUC’s website, showing the transfer from Kukio Water Company Ltd. To the Kona Water Service Company, Inc. approved by the PUC and dated December 1, 2008. Deputy Director Fitzgerald said they will meet with the Water Company and find out what their position will be. He doesn’t believe they would want bad publicity from our Veterans. Chairman Carlson said we can make a lot of noise. Deputy Director said we can, but as of today we don't have a bill so we want to first meet. Awapuhi said that she can take what Curtis and the County has and take it to the people to vote on what's happening at the cemetery. She shared that is the passion that she has. Veterans Advisory Committee Page 7 October 17, 2013 Deputy Director said it’s not about the water passion, this group is an advisory committee to Mayor Billy Kenoi. If this group approves anything, they'll go to bat and pass it on to the Mayor. We don't need a big outcry because there is no reason yet. Chairman Carlson said to wait for the results of the meeting and find out where we stand. We don't want to make waves until we need to make waves. Deputy Director Reported on the following: Portable Restroom Placed at Roadway Entrance A portable restroom was placed on the highway for Ironman event only. There is a bike group working with Ironman organization to find a permanent location to place portable restrooms on the highway. They have been informed that the cemetery entrance is not an appropriate location and were told to look for a different site. ADA Restroom Fixture Complaints Restroom measurements were given to the Park Planner. Maintenance staff changed the faucets and measured the required distance. The new fixtures should meet the criteria. the toilet height is the problem Chairman Carlson said . The fixtures are fine, but people can't get on and off the toilet from a wheelchair because it’s too high. Vehicle Stops Whether it was a part of the original plans or not, District Superintendent Dennis Riordan feels it’s safer without the stops because people could trip over them. If there is a big enough pipe and the cost is reasonable we can install that instead. He asked for comments. He also shared that he didn't notice people driving into the grass area so he doesn't know if it’s a big deal. Chairman Carlson said if stops are installed, the tall poles should be used. He's owned mobile home parks and had a lawsuit because of a speed bump that people tripped over. He suggested the pole should be at least 3' high. Top Entrance Automatic Gate P&R electricians will install a battery system instead of electrical. It is currently ridiculous that you have to get within one foot of the gate for it to open. Hopefully they will be able to repair that soon. Cemetery Lawn Parks will be borrowing a Vericutter for use at the West Hawai`i Veterans Cemetery. The golf course crew will train the cemetery employee on how to use it. They were scheduled to begin vericutting the next week, however, at the request of Chairman Carlson and the Kona Veterans, they will hold off on this project until after Veterans Day th (November 11). Veterans Advisory Committee Page 8 October 17, 2013 Grass will be cut way down and for about one month it will look really brown, but that is what happens first and then it will come back. They did a sample test and only a few days later grass started to come back green. Someone from one of the golf courses volunteered to fix the sprinkler heads. Water pressure is also a problem because there is a 2" line coming into the cemetery and a 2 1/2" line that we run the water out of. In addition, the irrigation plans aren't even close to what is there right now. Veterans Cemetery I – East Hawai`i - Memorial Board In Pavilion Deputy Director Fitzgerald went to the cemetery with Parks Supervisor Jason Mattos who has put in a work order for carpenters to redo the board. The carpenters have a lot on their plate right now, but they will get to it. UNFINISHED BUSINESS Reforestation Project (Members reviewed and approved the Reforestation Report dated October 15, 2013 submitted by Dr. Richard Stevens). Chairman Carlson reported that the trees along the road have been coming and going because of the water system. Changes to that system have been made so hopefully they can keep the trees alive. NEW BUSINESS PRESENTATIONS MILITARY ORDER OF THE PURPLE HEART (MOPH) Request to Place a Monument in Veterans Cemetery II – East Hawai`i Presentation by Dale E. Wilson, Ph.D., Major, U.S. Army (Ret.) Commander Dale Wilson shared that he is the State of Hawai`i Sr. Vice Commander of Military Order of the Purple Heart as well as the Commander for the Big Island Chapter 731. He is also Treasurer for DAV Chapter 9 and a member of VFW 3830. He said the (MOPH) would like to place a very beautiful monument in Veterans Cemetery II and when that is complete they would like to put the same one at Veterans Cemetery III. There are already two in the state, one at Kaneohe across of the Administrative Building and the other on Maui - located in the Columbarium. The Monument is made out of India Red Granite, it stands approximately 5 feet tall and is absolutely beautiful. It has the likeness of the purple heart medal on it and it says that its "Dedicated to the recipients of the nations’ oldest military decoration "The Purple Heart". It is dedicated to those veterans and in effect it’s for all veterans because they have all served. There is room for their own wording as well as what is already written on the monument. Underneath is a small concrete pad which is the only thing they have to come up with on our end. It comes ready to position. He shared that they don't want this to cost the county anything. Once Veterans Advisory Committee Page 9 October 17, 2013 they get the clearance to put it in Cemetery II and then later in Cemetery III, they will pay for it before it comes in. Once approval is received and the memorial installed, they want the Big Island to become a part of the National Purple Heart Trail. This does not take away from anything anybody has. For instance the Likelike Highway stays that, but there is a sign that says "Purple Heart Trail". The location in the cemetery has not been selected as yet. Chairman Carlson asked if there is a monument at Veterans Cemetery I and Dale Wilson responded that Cemetery I has the pavilion where all of the ceremonies are held so that's why they felt it would be better to put it in Cemetery II and later in Cemetery III. Member Penny Fox recommended that if we approve having the monument in the cemetery, to put it next to the DAV monument in Cemetery II. MOTION – Recommendation to Install the Military Order of the Purple Heart Monument in Veterans Cemetery II Next To the DAV Monument and at Veterans Cemetery III Dale Wilson said he requested the requirements to install this monument from State DOD OVS and has not yet received a response. He feels it should be simple since there are already two of these same monuments in state cemeteries. Member Fox recommended that after all the details are worked out and if it’s not going to cost the County anything, to approve putting in the MOPH monument at Veterans II next to the DAV monument and to follow at Veterans Cemetery III. The Motion was seconded by Vice Chairman Emile Wery. Discussion: Deputy Corporation Counsel Renee Schoen said as to the discussion it would be subject to all the necessary approvals including Mayor, P&R and any other agencies. Member Penny Fox amended the motion to recommend that the MOPH monument be put in Veterans Cemetery II next to the DAV Monument and then into Cemetery III after all of the approvals are received by any approving authority. The Motion was unanimously approved. Veterans Advisory Committee Page 10 October 17, 2013 POW/MIA MEMORIAL AND SCATTERING GARDEN - VETERANS CEMETERY III MOTION – Recommendation to Approve Creating a POW/MIA Memorial and Scattering Garden at Veterans Cemetery III Chairman Carlson said the POW/MIA Memorial Garden has already received the approval of Ron Han and because it was already approved as a Scattering Garden it is also approved by the VA in Washington. Vice Chairman Emile Wery asked who is paying for the project and how will it affect the water situation? Chairman Carlson responded that funds of ($23,000) have been allocated and the water will not be affected since the water needed will not top 9 gallons per day. A small circulating pump will be required. Member Penny Fox asked if the pump will be operating via battery or electricity. Chairman Carlson responded through solar power. Deputy Director asked if the 9 gallons is for the drip irrigation for watering the plants and how big is the water system itself? Chairman Carlson responded that it is very minimal as most of the plants are already there. Member Penny Fox asked that the motion be modified to include a statement about recommending approval dependent on approvals from other required agencies. Deputy Corporation Counsel Schoen said that since this committee is an advisory to the Mayor, the department has to at least notify the Mayor's Office. Chairman Carlson asked if this was also required from the Military Order of the Purple Heart? Deputy Corporation Counsel Schoen responded yes that's why the motion was styled that way. Member Fox said to just reword the motion to include approving authorities, nothing against the recommendation, just to include that statement. Following a discussion about the wording the following motion was made: MOTION Member Penny Fox made a motion that the committee recommend the POW/MIA Memorial and Scattering Garden be approved for Veterans Cemetery III as long as all of the approvals are received from all required agencies. Members voted unanimously to approve the motion. Veterans Advisory Committee Page 11 October 17, 2013 VETERANS CEMETERY III - CHAIRS Member Minoru Hanato requested the 140 chairs that were taken to the Old Kona Airport Events Pavilion be returned to the Cemetery before Veterans Day. Those chairs were donated to the cemetery and were never supposed to be removed from the cemetery. He said to please bring it back. Deputy Director Fitzgerald said the chairs will be returned to the cemetery before Veterans Day. Member Hanato said the chairs were seen in the parking lot at OKA and he is hoping all are still in good condition. EX-OFFICIO MEMBERS - REPORTS None ANNOUNCEMENTS MILITARY ORDER OF THE PURPLE HEART ORGANIZATION Dale Wilson announced that anyone who is a purple heart medal recipient, or is a family member or descendant of a purple heart recipient, he invites new members to join MOPH. Lifetime membership is only $50. VETERANS DAY EVENTS Veterans Walk – Saturday – November 9, 2013 Member Penny Fox reported that there will not be a Veterans Parade on the Hilo side this year, but they are planning a Veterans Walk on the sidewalk along the parade route at 9:30 am. There will also be vendors at the Wailoa State Park near the Kamehameha Statue. Veterans Day Ceremony – Veterans Cemetery I – East Hawai`i The Veterans Day Ceremony at Veterans Cemetery I will begin at 11am. Veterans Day Ceremony – Veterans Cemetery III – West Hawai`i The Veterans Day Ceremony at Veterans Cemetery III will begin at 11am. POW/MIA speakers from Honolulu and US Representative Tulsi Gabbard will be the guest speakers. Veterans Advisory Committee Page 12 October 17, 2013 YUKIO OKUTSU STATE VETERANS HOME Juan Babiak, Liaison for the Yukio Okutsu State Veterans Home announced that their Administrator retired and the new administrator is Kerry D. Pitcher. She has 30 years of experience, is very energetic and they are very fortunate to have her. They are making improvements at the facility. She is a former resident and was looking to move back home to Hilo. HONOR GUARD – EAST HAWAI`I Member Minoru Hanato announced that Gino is starting an honor guard group in Hilo. They will be doing the honor guard for the program on Veterans Day in Hilo at the Vietnam Memorial at 9am. That will be their first honor guard performance. He thanked member for responding to his request at the last meeting. On Saturday Member Antonio Gaspar will be going to the American Legion Meeting and to a funeral for a 442nd member and will give the bullets. NEXT MEETING The meeting Schedule for 2014 will be mailed later. ADJOURNMENT Meeting adjourned at 4:10 pm. Respectfully submitted, Nathalie Santos Nathalie Santos, Secretary