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HomeMy WebLinkAbout2018-01-18 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, January 10, 2018 9:07 a.m. to 10:00 a.m. West Hawaiʻi Civic Center Community Meeting Hale 75-5044 Ane Keohokalole Highway Kailua-Kona, Hawaiʻi 96740 Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair James Fritz Luana Neff Jeffry Fear Staff present: Diane Noda, Deputy Director Keyra Wong, Deputy Corporation Counsel Mary Fujio, Secretary 1. CALL TO ORDER Chair Bennett called the meeting to order at 9:07 a.m. He thanked Commissioner Fritz for serving as chair in 2017, and the secretary for the thoroughness of the packet for the meeting. 2. APPROVAL OF MINUTES OF NOVEMBER 28, 2017 Chair Bennett asked if there were any additions or corrections to be made to the minutes. Motion and vote: Vice Chair Olson moved to approve the minutes, Commissioner Neff seconded the motion, and all commissioners present voted aye. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Jerome Warren testified regarding the Pāhala cesspool replacement, which was listed in the Director’s Informational Report, item 4A. Mr. Warren stated that gang cesspools became illegal in 2005. He held a document which he said is the final environmental assessment for the Pāhala Gang Cesspool Conversion Project and said he brought this document to a previous EMC meeting and also to a previous Council meeting in regard to the Kaū CDP. He explainedʻ the document is available online. He said the system is owned by the County, serves 108 homes, and the final blueprint has been sitting on the shelf for almost ten years. In the meantime, the County hired new consultants to make a new plan. The new plan calls for the purchase of 42 acres, yet it will still serve the original 108 homes. The cost to the County will be $20,000,000, which is $200,000 per house being served. The system uses a pond to capture wastewater, but it will only be enough to make a puddle, and that puddle will cost each person. A family on the other side of the island will be paying for Pāhala’s puddle. The issues are documented in Resolution 412-17, which was held over by the Finance Committee in December. He questioned why the resolution was not on the Director’s Report under pending legislation. He said if you extrapolate a bit, Nāālehu will have ʻ a similar puddle at a similar price. Too much money is being spent. The communities are a long way from the ocean, and the money would be better spent on properties closer to the ocean. 4. UNFINISHED BUSIINESS. a. None. 5. NEW BUSINESS a. Discussion on revisions made to Bill 82 (Draft 2) regarding proposed increases of the solid waste tipping fees. The Commission needs to review the changes and submit a new recommendation to the County Council, signed by the Chair or appropriate designee. Deputy Director Noda updated the Commission on Bill 82, Draft 2. The Council passed the bill at its second reading last week, on January 4, 2018. In response to the Council’s request, Director Kucharski had provided them with the EMC’s draft minutes for November 28, 2017, in which Bill 82, Draft 1, was discussed. The Council has so far not referred the bill to the EMC or requested further input since it passed last week. Chair Bennett asked whether the EMC needed to take any action, and Deputy Director Noda said it would be moot. She explained that Councilmember David had thanked Director Kucharski at the January 4, 2018, meeting for responding to the Council’s request to provide EMC’s minutes discussing the original tipping increase proposal. With the submission of those draft minutes, which reflected global approval for the concept, the bill passed. Chair Bennett thanked Ms. Noda and said the matter is now moot. b. Proposed letter from the Commission to Councilmembers Chung, Lee Loy, Kanuha, and Eoff regarding Commission vacancies in their districts and requesting their assistance in identifying candidates to fill the vacancies. Chair Bennett said the intent of the letters he’d drafted and the Department’s press releases is to raise awareness that the EMC exists and is actively doing things. He was hoping to engender some enthusiasm for people to volunteer. Motion and vote: Vice Chair Olson moved to approve and send the letter, Commissioner Fear seconded the motion, and all commissioners present voted aye. c. Proposed letter from the Commission to Mayor Kim, requesting his assistance in filling Commission vacancies in order for the Commission to be fully functional and responsive. Motion and vote: Vice Chair Olson moved to approve and send the letter, Commissioner Fear seconded the motion, and all commissioners present voted aye. Chair Bennett thanked the commissioners and said the intent is to fill vacancies, and he hopes some action will be generated. He said it is also incumbent upon the commissioners to seek candidates, and he has a few potential ones in the works. He requested the commissioners “talk it up” with people, as his experience is that people don’t understand what the EMC does, which is why they don’t volunteer. d. Discuss and decide on the process by which commissioners can get items placed on the agenda, as well as the process by which they are to provide their district updates to the secretary for placement on the agenda. Chair Bennett said it was a little mysterious to him in the past how to get things on an agenda, and he didn’t feel he had the freedom, under the Sunshine Law, to just call the chair and say he wanted something placed. Ms. Wong said that today, when they get to item 7a (Future Agenda Items), commissioners can propose things they would like to have placed on the next agenda. At any time before the required public notice of six calendar days, any commissioner can call the chair and ask to put something on the agenda. The secretary needs time to draft the agenda, send it to everybody, and post it. After an agenda is posted, it cannot be added to if the addition will affect a significant number of people, and to amend an agenda would require an approval vote of six commissioners. Chair Bennett asked whether the system would create an opportunity for any commissioner to recommend an item for placement on an agenda, and Ms. Wong explained that the actual placement on the agenda would be at the call of the chair. Chair Bennett summarized that there are two mechanisms to place an item on an agenda. The first is that during a meeting, a commissioner can propose a future agenda item, its placement on the future agenda can be discussed, and the chair can say yes or no to. The second way is for a commissioner to call or email him to request placing something on the agenda. Ms. Wong informed the commissioners that this all came up because the director of the Office of Information Practices (OIP) informed her that the “Commission Member District Update Reports” on their past agendas was insufficient and too vague. The public needs to be advised more specifically on what will be discussed so people can decide whether or not they want to attend a meeting. She suggested that commissioners contact the chair prior to an agenda being posted to add a specific update or report regarding their district. That way, it will be on the agenda and can be discussed freely. Commissioner Fear said he didn’t see why they needed to be so specific and that it shouldn’t be such a big deal. Ms. Wong explained that prior to a meeting, the public needs to be given a heads up on what will be discussed, and the EMC needs to develop a process to be in compliance with the OIP’s directive. Chair Bennett told Commissioner Fear that if there was an issue he wanted to talk about, he simply needed to email him and let him know. Commissioner Fear said he disagreed with needing to do this and said he felt they should be able to state what happens in their district at the end of a meeting. Chair Bennett said he appreciated Commissioner Fear’s concerns, but specifics were required beforehand because sometimes when commissioners gave their district reports, they would launch into other discussions that were not on the agenda. Vice Chair Olson said his understanding of the Sunshine Law in the past was that there was a separation between discussing something and making a decision. They should not be in decision-making mode on something if it was not on the agenda and the public didn’t have a clear opportunity to understand what is being proposed. Whatever is to be discussed needs to be gotten out there so people can think about it and participate meaningfully. Commissioner Fear said it’s not going to happen. Vice Chair Olson said he had pressed for the passage of the Sunshine Law. The intent back then was not to limit discussion but to prevent meetings and decisions being made behind closed doors, before any public testimony was taken. It took a long time to get the Sunshine Law passed in this county. However, it was never intended in any way, shape, or form to prevent discussion on issues as long as it was just discussion and not decisions being made or votes being taken. Ms. Wong said the public still has a right to know what will be discussed. For example, if a commissioner wants to talk about abandoned vehicles in his district and it is not specified on the agenda, how will someone who is interested in that subject know to come in and testify? She explained that the whole issue came up because OIP required her to provide a draft agenda for today’s meeting in order to approve the limited site visit. When the OIP director looked over the agenda, she said items were too vague. Today’s discussion is an effort to comply with a directive from the OIP director. It should not be difficult for a commissioner to give prior notice to the chair and secretary of what the problems are in his or her district, and it needs to be timely so the secretary can meet her agenda posting deadline. Commissioner Fritz said he sees this as a good thing. He gets calls from people in his district about various issues, and this will require him and the other commissioners to do their homework and pre-plan a little. It can only help the process. Commissioner Neff agreed. Her community had concerns about the Pāpaʽikou Transfer Station, and it would get people talking if it were on the agenda. Chair Bennett agreed it should be a simple process. Just email him a short sentence or phrase on the issue, and copy the secretary on the email. It might be the same issues each month on the agenda, such as abandoned vehicles in a district, so perhaps that could be automatically on the agenda. If there was something unique, just email him. Vice Chair Olson said abandoned vehicles should automatically be listed for his district. Chair Bennett asked if the commissioners were okay with emailing him the items they want to get on the agenda under their commissioners’ reports. Commissioner Fear asked whether it was necessary for him to do so if he just wanted to talk about various things in his community. Chair Bennett said yes and added that though it would be a little more work, it would make them stop and think about the issues they want to discuss. Commissioner Fear asked if he would be allowed to talk at the end of the today’s meeting about issues in his district, and Ms. Wong said she would advise against it, since it is not on the agenda. Chair Bennett said if people see an item that concerns them on the agenda, they may be more inclined to come and speak on it. If it is not listed, there is no opportunity. It is a little more work, but in the interest of public service it is worth it. Ms. Wong suggested they have a vote to adopt the policy, and Chair Bennett said they could pass a resolution establishing the process. Motion and vote: Ms. Wong said the motion would be to recommend that prior to all future meetings, commissioners are to contact the chair to request specific items be placed on the agenda for the focus of discussion in the commissioners’ district reports. Vice Chair Olson so moved, Commissioner Fritz seconded the motion, and they, Chair Bennett, and Commissioner Neff voted aye. Commissioner Fear said he can’t say anything and does not know why he is there. 6. REPORTS/CORRESPONDENCE a. Director’s Informational Report. Ms. Noda explained that Director Kucharski was asked last week to attend an informational meeting at the State Legislature before the Energy and Environmental Protection Committee regarding the Department of Health’s requirement that all cesspools be closed by 2050. The DOH’s report to the Legislature was actually item 6.a.(1) on the agenda. Briefly, Act 125, which was passed in the last legislative session, requires that all cesspools be closed by 2050. Our island has 49,300 cesspools, which is about half in the state. The DOH had to submit a report to the state legislature last month. It is available and can be distributed before next month’s meeting. The closure costs are approximately $20,000 per unit, which comes to about $1 billion total. The prioritized areas are upcountry Maui and Kahaluʽu on Oʽahu as priority level 1. For Hawaiʻi County, Keaʻau is priority level 2 with 9,300 cesspools; and priority level 3 includes Hilo Bay with 8,700 cesspools, coastal Kailua/Kona with 6,500 cesspools, Puakō with 150, and Kapoho with 220. Chair Bennett said he had spoken with Director Kucharski about the legislature meeting, and major concerns are enforcement and how to pay for everything. Director Kucharski believes the County cannot afford it, so it is unknown how the hundreds of millions of dollars needed to achieve these cesspool conversions will be found. Vice Chair Olson said in the past, EPA monies were a vehicle. He believes there are several hundred million dollars available for Hawaiʻi. It has been a sore point with the Sierra Club that the state has not conveyed information about this funding to homeowners. At some point the money will disappear, if it is not grabbed. Chair Bennett said he was concerned that one of the alternatives to cesspits being promoted is a traditional septic system, but there is not a lot of data showing conclusively that a septic system upgrade will solve the problems that cesspits create. Ms. Noda said she would have the secretary forward the DOH report to the commissioners, and it will be kept on the agenda under the Director’s Report for the next meeting. She requested that items 6.a.(2) and (3) be postponed to the next meeting, when Director Kucharski will be present. b. Letter to the Commission dated December 28, 2017, from Karen Eoff, Council Vice Chair, in response to the Commission’s December 13, 2017, letter regarding Policy Proposal Suggestions for Water Resource Management. Chair Bennett explained the letter was a formal thank you and no action was necessary. In addition, Ms. Eoff has asked him to give a presentation to the Environmental Management Committee on January 23, 2018, in Building A at the West Hawaiʻi Civic Center. Everyone is welcome to attend. He has put together a PowerPoint presentation that reflects the points made in the Commission’s letter. 7. FUTURE AGENDA ITEMS Commissioner Fear said he wanted the discharge of water on Aliʻi Drive next to Huliheʽe Palace to be on the next agenda. The discharge is right across the street from where the County processes water, and the County says they’re not discharging into the bay. He said you can go down there every day and watch the water coming out. It is polluting the bay with staph. Director Kucharski said there is no water coming out, but you can stand on the wall there and see it coming out. Chair Bennett said he needed the wording for the agenda and suggested “Outfall Right in Front of the Processing Plant Next to Hulihee Palace.” He said there is a little breakwall there, about 25 feet on the side. He asked if this was a request to have Director Kucharski speak to this, and Commissioner Fear said yes. Commissioner Fear said he also wants on the next agenda an update on the recycling programs at the schools, as well as notification of a beach clean-up on March 3, 2018. Vice Chair Olson said that on the outfall situation, the State DOH should be contacted. The DOH will send an investigator to take water samples. He did not believe it fell within the County’s prerogative. Commissioner Fear said the County is in charge of the sewer and claims the pollution is not caused by the county. Vice Chair Olson said it is the state’s responsibility, as the County does not have investigators. Chair Bennett recommended that Commissioner Fear call the Clean Water Branch, or the Commission could prepare a letter for the next meeting. Vice Chair Olson said a person can individually report something like this. Commissioner Fear said he called Director Kucharski many times about it, and Vice Chair Olson said Director Kucharski does not have the authority on this. There is a mechanism to report this. Chair Bennett again recommended to Commissioner Fear that he call the Clean Water Branch so they send someone to investigate. Commissioner Fritz asked Ms. Noda why they had received financial disclosure forms to complete, as it was the first time he had gotten one. Ms. Noda explained it is a County Code requirement and it may have fallen through the cracks previously. It is a requirement for board and commission members and will be kept confidential with the Board of Ethics. Chair Bennett asked if there were items the other commissioners would like placed on the next agenda, and Commissioner Neff said her district has two major concerns: the Hū Honua Bioenergy company, which claims to be energy efficient and clean but is not, and the Big Island Dairy. Vice Chair Olson said that both of these issues fall under the state’s jurisdiction, not the County, and Ms. Neff as an individual can contact the state and requests its monitoring data on these businesses. Vice Chair Olson said he would like abandoned vehicles and the operation of the transfer stations on the next agenda, and that these items should be on the agenda forever. As for the transfer stations, he would report on how they are functioning, how the bins are being emptied, and what improvements could be made. He would like to know what plans there are to expand the County’s ability to handle additional capacity as the population is growing. Commissioner Fritz said he would like to discuss, at the next meeting, the installation of a sewage treatment plant in Puakō. Chair Bennett wanted the next meeting to include a brief report from Director Kucharski on where all the wastewater treatment plants are that the County owns or manages, the communities they serve, and how the water is processed and disposed of. 8. ANNOUNCEMENTS a. Chair Bennett announced the next meeting: February 28, 2018, in Hilo at the Aupuni Center Conference Room. b. Chair Bennett said it was time to move into the limited meeting and proceed to the Kealakehe Wastewater Treatment Plant for the site visit. They would still be in session. At the end of the site visit, they would do a formal recess of the limited meeting and adjourn. Commissioner Neff said she would not be attending the site visit. 10:00 a.m. The meeting recessed. Wednesday, January 10, 2018 10:45 a.m. to 12:07 p.m. Limited Meeting and Site Visit Kealakehe Wastewater Treatment Plant and Disposal Sump Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair James Fritz Jeffry Fear Staff present: Diane Noda, Deputy Director Keyra Wong, Deputy Corporation Counsel Mary Fujio, Secretary Alika DeMello, Wastewater Superintendent Ms. Noda introduced Alika DeMello, the Wastewater Superintendent at the Kealakehe Wastewater Treatment Plant, who provided a tour of the plant to the commissioners. Mr. DeMello guided everyone through the Headworks building, which contained multiple components, including the bar screen and grit chamber. He also showed them the influent composite sampler, which collects the raw wastewater inflow, and the influent flow meter, which monitors the incoming wastewater flow. The grit chamber is where the heavier non-organic material is removed. It included two bar screens which were under circular covers. They entered the room where the grit gets pumped to the grit classifier, which pumps the material into a hopper. When the hopper gets full, a dump truck is reversed under it and filled with the grit and screenings from the bar screens, and it is taken to the Puʻuanahulu landfill to be disposed of. Mr. DeMello next showed the commissioners the Chlorination Room and the Motor Control Center room, which contained the effluent pumps and the starters for the blowers. He then guided the commissioners to the lagoons and explained that the process is all biological and that oxygen is at the heart of the plant. There are a total of five lagoons, with room to add a sixth. At the time of the visit the air was off to a few of the lagoons for maintenance, and the flow was through Lagoons 1, 2, 5, and then to the Effluent Building for chlorination. Most of the treatment gets done in Lagoons 1 and 2, and when it is in Lagoon 3 it can be fit for discharge. Algae is a big problem with the lagoons and causes the total suspended solids to increase. Another lagoon is needed to in order to drop their regulatory limits for total suspended solids. Last, Mr. DeMello showed everyone the Effluent Building, which had new effluent pumps that are more efficient and an effluent composite sampler which collects the treated wastewater for their process and regulatory testing. At 12:00 p.m., everyone drove across the highway and down a rough road to view the disposal sump, which is an effluent seepage pit. Motion and vote: Vice Chair Olson moved to adjourn, Commissioner Fritz seconded the motion, and all commissioners present voted aye. 12:07 p.m.: The meeting adjourned. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)