BOARD OF WATER SUPPLY
COUNTY OF MAUI
OVERSIGHT COMMITTEE MEETING

 
Taken at the David K. Trask, Jr., Building, 2145 Kaohu
Street, Room 205, Wailuku, Maui, Hawaii, commencing at
2:00 p.m. on May 16, 2001.
 
Reported By:  Rachelle Primeaux, CSR #370
 
ATTENDANCE:
Members Present:
Mike Nobriga, Chair
Orlando Tagorda
       
Staff Present:
Fran Nago, Secretary
Howard Fukushima, Corporation Counsel
George Tengan, Engineering
Herb Kogasaka, Engineering
Herb Chang, Engineering
 
IWADO COURT REPORTERS, INC.
 
CHAIR NOBRIGA:  Call the Oversight Committee
meeting to order.  The agenda has been circulated.  In
attendance is Committee Member/Board Member Orlando
Tagorda and myself Mike, Nobriga, also our esteemed
counsel Howard Fukushima, Board Secretary Fran Nago,
the Deputy Director, George Tengan and the head
cheese of the engineering, Herb Kogasaka.  And we have
the lady doing the tippy-tippy tappy-tappy, and we
have Mr. Wayne Arakaki.  The minutes have been
submitted for February 6th and March 6th.
 
MR. TAGORDA:  Mr. Chairman --
 
MR. NOBRIGA:  I cannot second the motion.
 
MR. FUKUSHIMA:  This is a small body, and we've
got to adjust to the fact that it is a small body, so
if there's no objection, then I believe you can
approve the minutes.
 
MR. NOBRIGA:  Do I hear any objection to the
minutes?  The minutes shall stand accepted.  Is there
any member of the public other than Wayne to make
testimony to this committee at this time?
Thousand-one, thousand-two, thousand-three,
thousand-four, thousand-five.
 Hearing none, we'll go on to committee
discussion and possible action.  We have before us
Communication 01-16.  Also entering the room is Herb
Chang.  Those two guys look like twins.  Wayne I.
Arakaki regarding Omaopio Homesteads, TMK 2-3-003:002
and por. 171.  It also involves Communication 01-17
also from Wayne I. Arakaki regarding the same thing.
 So I'm going to ask Mr. Wayne to explain his
letters dated April 3rd and April 5th.
 
MR. ARAKAKI:  Wayne Arakaki representing the
buyers, I mean the land owners for this three parcels
of property.  Actually, what we want to get
clarification is that this particular -- there's three
land owners, Kapsack, Esty and Siele.  Esty is on
the, he has a well, and it's on the private water
system.  Siele is on the County water.  He has
adequate fire protection, but he has taken County
water.
 And Kapsack, he has a County meter, but he has
inadequate fire protection.  What they're trying to do
is between Esty and Kapsack, Kapsack is trying to buy
one acre of property so he can build his home from
Esty.  We have a problem or potential problem where
you have County water or you have a private system.
And what we're afraid of is if we go through the
consolidation resubdivision, it's going to trigger
water requirements, fire protection requirements for
Kapsack and Esty, which is again, this is a private
water system.
 Now, on the other hand, Esty is trying to buy
property from Siele where Siele has a County water
system with adequate fire protection, and Esty has a
private system.  What these people are worried about
if this consolidation resubdivision were to go through
where they transfer property from Siele to Esty, Siele
might be responsible for fire protection for this
particular subdivision, so I brought this up.
 I wrote a letter to Mr. Craddick, and at first,
he told me that, you know, he doesn't see a problem
with it.  But later as we went and met with him, he
decided that it was best to bring this in front of the
Board for any kind of complications that might occur.
Any questions on this?

MR. NOBRIGA:  So basically, your proposed
subdivision involves two things.  One is the sale of
property from Esty to Kapsack, which would move Esty's
boundary in?
 
MR. ARAKAKI:  Right.
 
MR. NOBRIGA:  The second part of the subdivision
involves Esty buying land from Siele, which would move
that line out?
 
MR. ARAKAKI:  That's right.
 
MR. NOBRIGA:  Yeah.  You understand that?

MR. TAGORDA:  Kind of, kind of.  Go ahead.
 
MR. NOBRIGA:  So he asked Mr. Craddick or he
asked the Department what's going to happen.  In
response, Mr. Craddick in writing one letter not
answering his question and then telling him to come to
the Board.
 
MR. TAGORDA:  Is that right, Mr. Arakaki?
 
MR. ARAKAKI:  Yes.
 
MR. NOBRIGA:  It's the same letters on two
different -- in essence.  The way I see it, all he is
doing is moving the property lines.  You're not
creating any new subdivisions within these
properties.  Like Esty is not asking to make four lots
now out of that thing.  He's just taking care of
purchase and a sale.  Am I correct in that assumption?
 
MR. ARAKAKI:  Yes.  But, you know, please be
aware that he's purchasing this to, you know, to
create another subdivision, but it would be under the
private system.  That's why he's purchasing the property.
 
MR. NOBRIGA:  Is there going to be more than one
lot created on the Esty master property?
 
MR. ARAKAKI:  No, as far as this phase.
 
MR. NOBRIGA:  You're trying to make one lot with
the two things happening?
 
MR. ARAKAKI:  Right, that's right.  We won't
have any additional lots created by this consolidation
of subdivision.
 
MR. NOBRIGA:  So Kapsack is one apple pie.  Esty
is one pumpkin pie, and Siele one custard pie.  The
guy get the pumpkin pie, he like give some of his
pumpkin pie to the guy with the apple pie and he like
some custard pie, but he still get the same pie.  Just
now he get some pumpkin and some custard.  And the
apple guy can get some pumpkin he can enjoy, too.
 
MR. FUKUSHIMA:  Mr. Chairman.
 
CHAIR NOBRIGA:  Yes.
 
MR. FUKUSHIMA:  That's one way to characterize
it if you're into food.  But I think it's a little
premature at this time since there's no indication
what type of consolidation subdivision is going to
take place.  I believe in an earlier conversation,
Mr. Arakaki said both subdivisions would be a regular
type subdivision, not the fast track subdivision
that's available in 1804 of the County Code.
 
MR. ARAKAKI:  That's right.
 
MR. FUKUSHIMA:  If that's the case, I believe
the Department after it considered and received an
opinion from our office regarding both the Richmond
case as well as discussions involving the Smith case,
the Department does have guidance as to how they
should handle subdivisions where a portion is going to
be served by a private system and a portion is going
to be served by the public system.  We believe the
Department has that -- has the opinion from our office
as well as further discussions when we were discussing
in the Smith case.  I believe also the Department
could based upon those opinions and discussions
determine what are the appropriate requirements for
the two subdivisions that Mr. Arakaki is proposing.
 Now, if after receiving those requirements
Mr. Arakaki wishes to waive any of the requirements at
that time, I would believe it would be appropriate for
him to come before the Board to ask the Board for
waiver of subdivision requirements so long as those
subdivision requirements do not jeopardize other
services in the area.
 
MR. NOBRIGA:  Thank you.  It is my impression
that the Esty subdivision is not a duly served system,
but will remain a private system separate from the
outside guys.
 
MR. CHANG:  They do have a meter though.
 
MR. NOBRIGA:  Who?
 
MR. CHANG:  Esty.  All three properties have
meters from the Department.
 
MR. ARAKAKI:  On the water meter that Esty has,
I know they're trying to keep that water meter, but
it's from what I understand, I'm not in the
subdivision, the initial subdivision, but from what I
understand, they're going to use that water meter for
landscaping and not for residential use.  I mean
that's if it doesn't matter, I'm sure that if
requested, they will return that meter and keep this
completely private if that's going to jeopardize the
subdivision.
 
MR. TAGORDA:  Mr. Chairman.  Mr. Arakaki, based
upon your drawings there --
 
MR. NOBRIGA:  That's my drawings.
 
MR. TAGORDA:  Yours?
 
MR. NOBRIGA:  Yeah.
 
MR. TAGORDA:  And based on your letter to the
Board dated April 3, there was a question raised by
you that will there be any future requirements from
the Department of Water Supply.  You know that by fact
that anytime you consolidate and subdivide a lot,
there's always certain requirements from the
Department.  However, what you're asking right now
makes it so simple is that you're just trying to move
lot lines and nothing more; is that right?

MR. ARAKAKI:  That's right.
 
MR. TAGORDA:  So like the drawing in that
blackboard, you're just trying to move that line to
the other side and move that line to the other side.
Well, based on the past actions of the Board, I think
this happened to one of the applicants before in Hana
that we tried to accommodate that person by just
moving the lot line and nothing more.
 And now I don't think it's really premature for
you to ask the Department and the Board what are the
future requirements.  There will be requirements, but
if you are going to defer those requirements and only
ask this Committee for that lot line to be moved, I
think me and my Chair is in agreement that we probably
will give you such accommodation.
 
MR. ARAKAKI:  I have a question.
 
MR. TAGORDA:  You know, but you have to be very
honest with us, so you don't have to complicate
matters.  We need to be consistent with the Department
rules and regulations that anytime that people
subdivide, consolidate and/or subdivide, there are
always requirements from the Department for water
system improvements.
 
MR. ARAKAKI:  Correct me if I'm wrong, on the
preliminary subdivision letters, there usually are no
-- it's not listed, there's no water requirements, if
I'm not mistaken.
 
MR. FUKUSHIMA:  I thought generally there was a
general statement that subdivision comply with all
water rules and regulations, and that's a general
statement on every preliminary subdivision.
 
MR. CHANG:  Well, if you know the requirements,
we usually state extending water lines.
 
MR. FUKUSHIMA:  That's certainly possible also.
 
MR. ARAKAKI:  But on a consolidation
resubdivision preliminary letter, there is water
requirements on it?
 
MR. CHANG:  If it's submitted to us, we would
say in this case, any subdivision, if there is water
system improvements required for fire protection, we
would include those as requirements for consolidation
of resubdivision under that normal, not the fast track
one, but the normal procedures.
 
MR. ARAKAKI:  I guess that's why the question
came up because there wasn't anything listed on that
particular letter, this Kapsack.
 
MR. FUKUSHIMA:  You mean the preliminary approval letter?
 
MR. ARAKAKI:  I don't think I saw anything on there.
 
MR. FUKUSHIMA:  Then it must have been done under 1804.
 
MR. ARAKAKI:  No, it can't, be because Esty
already used that option with Land Use and Codes.
 
MR. CHANG:  What was the application, was it for
the Kapsack property or Esty?
 
MR. ARAKAKI:  Esty and Kapsack.
 
MR. ARAKAKI:  Well, I take that back.  Item 6,
it says that we are currently waiting for preliminary
subdivision review comments from the Department of
Water Supply, so I guess we didn't see any
requirements.  Okay.
 
MR. NOBRIGA:  Any other question?
 
MR. TAGORDA:  Mr. Chairman, if I may.
 
MR. NOBRIGA:  Mr. Tagorda.
 
MR. TAGORDA:  May I ask the Department and the
staff how they evaluate this request from
Mr. Arakaki.
 
MR. CHANG:  The April 3rd one we were just
talking about?
 
MR. TAGORDA:  That one on the blackboard.

MR. FUKUSHIMA:  There's two.
 
MR. TAGORDA:  I think they're about the same.
 
MR. CHANG:  If you're asking what's your
reaction to the subdivision application.
 
MR. FUKUSHIMA:  Which one are you going to be discussing?
 
MR. ARAKAKI:  Esty and Kapsack.
 
MR. CHANG:  That's the application you have in your hand?
 
MR. ARAKAKI:  Yes, sir.
 
MR. CHANG:  If it's processed under a normal
standard consolidation resubdivision, we would ask the
subdivider to install fire protection improvements,
which would include extending a line down Omaopio Road.
 
MR. NOBRIGA:  That would be for Kapsack or Esty?
 
MR. CHANG:  The two properties would be
consolidated, subdivided, so both.
 
MR. FUKUSHIMA:  But the middle property I
understood was on a private system?
 
MR. CHANG:  He doesn't have a meter from us.
 
MR. FUKUSHIMA:  But the subdivision is going to
utilize a private fire protection and domestic
service?
 
MR. ARAKAKI:  That's right.
 
MR. CHANG:  But because they have one meter, we
would ask them to relocate as part of the requirement
of a subdivision.  I think the meter is somewhere
above Siele's property.  It's located far away from
the property.
 
MR. ARAKAKI:  So the standard consolidation
resubdivision application would trigger us bringing an
outside water line to Kapsack's property?
 
MR. CHANG:  Omaopio Road.
 
MR. ARAKAKI:  Omaopio Road.
 
MR. CHANG:  Tanks and stuff, pressure tanks and
that kind of stuff.
 
MR. KOGASAKA:  That five-eighths meter on the
Esty property makes the Esty property part of our
water system as well, yeah.
 
MR. NOBRIGA:  I understand.
 
MR. ARAKAKI:  So that's what I was afraid of
where, you know, we do something like this, which may
seem minor, but when they apply for building permits,
you need fire protection, and it creates a lot of
problems with the owners, so it might not be even
feasible for them to do this transaction.  That's what
we were looking for direction on what were the
requirements, or if we could waive, waive the
requirements.
 
MR. NOBRIGA:  The same thing would be triggered
on the Esty and Siele?
 
MR. CHANG:  It would be.

MR. ARAKAKI:  It would be the same thing.
 
MR. FUKUSHIMA:  So, Herb, let me get this
straight.  So if the middle property, the Esty
property, gave up their meter and then there wouldn't
be any requirement on the Esty property, but you would
still have a requirement on both the Kapsack as well
as the Siele property because they're being served by
the County system?
 
MR. CHANG:  If Esty gave up his meter and he
goes to only private and he consolidates it with the
Siele property, because the Sieles already had a
previous subdivision, which he complied with all the
requirements, on those, it wouldn't have.
 
MR. FUKUSHIMA:  So what about Kapsack?
 
MR. CHANG:  If Kapsack combines with Esty and
resubdivides, they would have to comply with some
off-site improvements.
 
MR. NOBRIGA:  So right now, yeah, if Mr. Arakaki
on behalf of the owners wishes to request a waiver of
subdivision requirements relative to whatever it is
the Department is asking, then we would be able to act
upon that specific request.  And as my colleague said,
we may tend to look favorably on it, because to us,
it's a very simple maneuver.  We don't think in the
high technical terms of our engineers.  Sorry.
 
MR. ARAKAKI:  So I guess the first step that I
need to get is probably the Water Department
requirements for this particular subdivision between
Kapsack and Esty.
 
MR. NOBRIGA:  Uh-huh.
 
MR. ARAKAKI:  And we haven't filed for this
application, which we're going to do in a couple
weeks, but at the same time, get that requirements
from the Water Department, and if it's something that
or it seems that we can't live with that, we'll come
in front of the Board to try to ask for a favor at
that time.
 
MR. NOBRIGA:  Thank you.  Unfortunately,
Mr. Craddick would have been able to do that if he had
read the letter and answered the questions.
 
MR. TAGORDA:  That would be okay, Herb?
 
CHAIR NOBRIGA:  I don't believe there's any
conclusion then.
 
MR. TAGORDA:  There's not.
 
MR. ARAKAKI:  Thank you.
 
MR. NOBRIGA:  No action will be taken at this
time.  I would like to recognize Sally Raisbeck
attending our meeting.  If Sally wanted to talk.
 
MS. RAISBECK:  No thank you, Mr. Chairman.

MR. NOBRIGA:  Okay, Sally, thanks for being here.  There being no
other business, this meeting will stand adjourned.
 
(The meeting concluded at 2:20 p.m.)
 
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