BOARD OF WATER SUPPLY
County of Maui
Regular Meeting
Thursday, November 16, 2006
9:00 a.m.
Planning Department Conference Room
First Floor, Kalana Pakui Building
250 South High Street
Wailuku, HI  96793






		I. Call to Order

		Chair Kenneth Okamura called the November 16, 2006 Board of Water Supply meeting to order 
		at 9:00 a.m.

		II. Attendance

		Board Members Present:		Also Present:

		Carl Holmberg			George Tengan, Director
		Kuilauokalani Lester		James Giroux, Deputy Corporation Counsel
		Scott Luck			Edward Kushi, Jr., Deputy Corporation Counsel
		Ginny Parsons			Alva Nakamura, Engineering Program Manager
		Vice Chair Lee Aldridge		Holly Perdido, Fiscal Officer
		Chair Kenneth Okamura		Gaye Hayashida, Commission Support Clerk
        
		Excused:

		Marion Haller
		Michael Howden
		Michael Victorino

		III. Announcements

		A. None.

		IV. Approval of Minutes

		A. October 16, 2006 Budget Workshop 

		Motion:	By Member Carl Holmberg to approve the minutes of October 16, 2006.

		Second:	By Vice Chair Lee Aldridge

		Discussion:	None.

		Vote:		Ayes – Unanimous.  Motion carried.

		B. October 19, 2006 Regular Meeting

		Chair Okamura stated that page 6, paragraph 3 should read, “Vice Chair Okamura 
		informed Ms. Hajnosz that the Board does not approve the budget.”  The Chair noted 
		that in the approval process, the Board just reviews the budget.

		Motion:	By Member Carl Holmberg to approve the minutes of October 19, 2006 as corrected.

		Second:	By Vice Chair Lee Aldridge

		Discussion:	None.

		Vote:		Ayes – Unanimous.  Motion carried.


		V. Testimony from the Public

		A. None.

		VI. Unfinished Business

		A. None.

		VII. Communications

		A. None.

		VIII. Director’s Report

		A. None.

		IX. Other Business

		A. Presentation by the Water Oversight Advisory Committee members Ginny Parsons, Brooke 
		Richert and Lisa Lindo.

		Brooke Richert who coordinates the testing, stated that since March of 2006 testing has 
		been done once a month and the homeowners pay for this testing.

		She further stated that almost every filter system without a micron/uv process has come 
		back really high in colony forming units.  It would be better to take out those filter 
		systems.  Even an RO system’s carbon filter gets polluted.  

		Member Holmberg asked how easy or how expensive would it be to fit a micron/uv system to 
		the household water system?  Ms. Parsons stated that it is sold at cost to the homeowner 
		around $500 to $600 plus installation.  It would depend on the household but maybe shocking 
		the house lines might be the answer then they wouldn’t need the uv and micron filters.  

		Ms. Lindo stated that they have specific solutions but they need people to know that some 
		of these can be handled in their homes.

		Ms. Richert stated that it is not about blame but it is about education and identifying 
		the situation and how we can fix it.  

		Member Aldridge stated that he believes why there are a lot of water filter systems in the 
		Upcountry area.  It is because at one point in time residents were all sold on the idea 
		that the water was bad.  They have been provided a disservice by people who sell filters.  
		We need to counter that.  

		Member Lester asked how much does it cost to do your own testing.  Ms. Richert stated that 
		it cost $31.00 per sample.  When they give out the sterile bottles they also provide 
		information on safe water.  

		Chair Okamura asked if the Department of Health is helping in any way.  Ms. Parsons stated 
		yes, in fact Dr. Pang wants to get together to do a campaign to get rid of the Upcountry 
		filtration systems.  The public needs to be educated.

		At this time the Chair thanked Ms. Parsons, Ms. Richert and Ms. Lindo for the presentation.

		B. Discussion/possible action regarding Request for an Extension of Time on Water Conservation 
		Plan Proposal to the County Council.

		Chair Okamura asked Deputy Corporation Counsel Ed Kushi what can the Board do to request 
		for an extension of time? 

		Mr. Kushi stated that the ordinance itself does not have provisions for extensions.  But 
		what happens when an agency does not comply with the Maui County ordinance?  Do we fine 
		ourselves?  He suggests that the Board through the chair contact the council chairman as 
		well as the Water Resources Committee chair to request an extension of time to submit this 
		plan.  He pointed out that what the Board submits is not a plan but the proposed elements 
		of a water conservation plan.  

		Mr. Kushi suggested that in asking for an extension, the board should propose a certain 
		date when they are able to submit it and also the reasons why they cannot meet the January 
		5, 2007 deadline.  If the extension is reasonable, 2 or 3 months, then he believes a formal 
		resolution by the council is not needed.  If the extension is more than 3 months, then he 
		would suggest processing a formal resolution extending the deadline for the council to 
		consider.  In the event that both of these fail, then the Board will have to call a special 
		meeting in December to work out a plan.  

		The Chair thanked Mr. Kushi for his suggestions.  

		Chair Okamura directed the board members to look at the hand-outs regarding the water 
		conservation plan.  The first item is page 16, Preliminary Draft – For Discussion Purposes 
		Only, shows the Demand Side Management programs that are being planned for the Water Use 
		and Development Plan.  

		The second hand-out is Ten Steps to Develop a Water Conservation Plan by the American Water 
		Works Association.  This shows what is required of a water conservation plan.  The Chair 
		further stated that some of this is being done by the consultant doing the Water Use and 
		Development Plan

		Member Parsons asked if someone should be hired to get this done.  The Chair stated that 
		according to Ellen Kraftsow, parts of the Water Use Development plan will be done by January.  
		If they waited for this then the Board may have something to submit, though it may not 
		address all the elements.  

		Vice Chair Aldridge agreed that the Department may need additional resources to complete 
		the Water Conservation Plan.  He asked why put out a Water Conservation Plan in January 
		when the Water Use Development Plan and the Demand Side Management which deals with 
		conservation are still being played out.  It would seem reasonable for the council to 
		provide an extension of time so that these two factors could be together in a single document.  

		The Vice Chair stated that he would like to hear from the department’s staff as to the 
		realistic time frame and what the needs are in terms of manpower to accomplish both the 
		Water Use Development Plan and the Water Conservation Plan.

		The Chair stated that possibly this could be discussed at one more meeting and asked Mr. 
		Kushi to explain what he meant by starting a resolution process.  Would the Board write 
		the resolution?  Mr. Kushi stated that if a resolution is the method to get a formal 
		extension then Corporation Counsel would draft a resolution extending the time.  The 
		process would be the Board, through the Department, will submit it to the council.  The 
		council chair would then refer it to the Water Resources Committee.  Then it would come 
		back to the full council.  That process alone takes a minimum of a month and a half.  He 
		strongly suggests that the Board discuss this with the council chair as well as the Water 
		Resources Committee chair.  

		Member Holmberg asked if there are copies of the draft of the Water Use Plan.  Chair Okamura 
		stated that most of it is on the web (www.mauiwater.org/planning).  

		Vice Chair Aldridge asked Director Tengan if they should give the council something called 
		Water Conservation Elements or should they request an extension?  The Director suggested 
		that the Board look at what is meant by the “proposed elements of the water conservation 
		plan.”  If it is something that can be discussed and documented within the next month or 
		so then present it to the Board at the December 21st meeting.  If the Board feels at that 
		time it is not what the council is looking for then ask for the extension.  

		The Director further stated that the elements he is thinking about are the various kinds 
		of programs as stated in the ordinance, “…water use regulations relating to outdoor watering, 
		leak detection and prevention, and water reuse.”  This portion would be included in the 
		elements of proposed regulations of the department.  If necessary an ordinance may be 
		proposed.  Another element would be the existing programs that the department is doing such 
		as advertising in the papers and movie theaters, participating in community affairs and 
		events, and distributing low-flow fixtures.  The Board should look at all of these and 
		determine if this is what the council is looking for, and as corporation counsel suggested, 
		meet with the Water Resources chair and the council chair to see if this would be acceptable 
		to the council at this point in time.  If it is not acceptable then go ahead with the 
		request for extension.  

		Mr. Kushi stated that he totally agrees with the Director’s suggestion.  If the Board is 
		just required to submit elements then what is before the Board and what the Department is 
		doing may be codified and submitted to council before the end of the year.  If council 
		wants a formal plan to be drafted and enacted into an ordinance then that would take a while.

		Motion:	By Vice Chair Aldridge that the board chair set up a meeting with the Water 
		Resources Committee chair and with council chair and find out what is meant by elements of 
		the water conservation plan and determine whether or not we need an extension.  

		Second:	By Member Lester.

		Discussion:  Member Holmberg asked if this would just be a phone call.  The Chair replied 
		that he wasn’t sure but thought that he and the vice chair could set up an appointment 
		with the council and the Water Resources chairs before the next meeting.  

		Director Tengan stated that because this meeting would only involve 2 council members they 
		could meet with both of them at the same time.  

		The Chair asked if Director Tengan could also join them in this meeting.  The Director 
		replied that he or Deputy Director Yamashige would be available.  

		The Chair stated that he and the vice chair will meet with the chairs of the council and 
		the Water Resources Committee, and the Director or Deputy Director, to determine what 
		elements they want in a water conservation plan, then at the next meeting they will determine 
		what to do.   

		Vote:	Unanimous.  Motion carried.

		C. Discussion and Update on the Status on the Upcountry Maui Water Quality Issues (Lead 
		Control Project).

		The Chair noted that Deputy Director Yamashige could not be here but he has prepared a 
		spreadsheet of the EPA Grant Assistance Agreement No. X-96919401, Upcountry Maui Water 
		Quality Issues.  This shows the different segments of the grant and what has been expended 
		and how much of it is complete.  

		Chair Okamura suggested that if the Board wants an update on the complete project or have 
		any questions, then the Deputy Director could be placed in the agenda for the next meeting.  

		Member Parsons stated that she would like Dr. Pang to come in at the next meeting to address 
		the Board on this subject.  She stated that when they were doing the lead testing they 
		didn’t ask the families if they had been drinking the water.  This may have invalidated 
		their testing.

		Member Parsons stated that the Deputy Director basically has just been balancing books, 
		keeping track of the expenditures.  She stated that the grant was not just for lead control.  
		It was for lead and other contaminants and believes Dr. Pang should be the one to give an 
		update on this.  

		The Chair suggested that both Dr. Pang and the Deputy Director be present to update the 
		Board on this project.  

		D. Discussion on Ordinance 3321, Regulation of Permits and Water Use, which requires private, 
		non-governmental parties to report withdrawals and diversions of water, and to regulate the 
		construction of private, non-governmental water systems. 

		Chair Okamura stated that he put this item on the agenda mainly for the Board’s information 
		and possibly to ask Corporation Counsel to briefly explain this.  

		Mr. Kushi stated that this ordinance was passed either this year or late last year.  The 
		council wanted to have information as to water use within the county on public and private 
		wells.  Currently well users within the state must report their usage and their system 
		operations to the State Commission on Water Resources.  The council by this ordinance wanted 
		to mirror those requirements so that well users must also report to the department.  The 
		department then relays that information to the council.  This ordinance also has enforcement 
		provisions where the county is able to cite water users for not reporting. 

		Member Holmberg asked Director Tengan if that data has been collected by the county.  The 
		Director replied yes, but he doesn’t know what the council staff is doing with that data.  
		The Department has been compiling the data, keeping copies of the reports and is in the 
		process of working with Corporation Counsel in administering the ordinance.  

		Member Holmberg asked if raw data is available as in individual well owners and users 
		reporting the number of gallons they are withdrawing per month.  The Director stated that 
		so far the Department has received reports primarily from the major users such as Wailuku 
		Water Company, EMI, and Kaanapali Water System and maybe from Kapalua also.

		Vice Chair Aldridge asked, hasn’t the state water commission already been collecting this 
		information?  Director Tengan replied yes, this is the same information and the council 
		wanted the department to be more involved in monitoring the usage on this island.

		Vice Chair Aldridge asked, couldn’t the state just have directed these users to report to 
		the county also?  Mr. Kushi replied that the intent goes deeper than that.  It is a state 
		law that mandates the water commission to receive these reports but the commission is 
		understaffed and there is a backlog.  A lot of these users believe they don’t have to 
		report it.  But the law is still there and this ordinance says that if the state requires 
		you to report then the county can get a copy.  If you are not reporting then this ordinance 
		can cite you for a violation.

		Vice Chair Aldridge stated that in essence this shifted the enforcement responsibility to 
		the department.  Mr. Kushi replied yes.  This ordinance allows the county to go after those 
		who are not reporting.  

		Motion:	By Member Holmberg as a one time request that the Department provide copies of 
		the well users’ reports for the last 3 months of ’06.

		Second:	By Member Parsons.

		Discussion:	No further discussion

		Vote:		Unanimous.  Motion carried.

		E. Discussion/possible action regarding the Board’s Letter of Recommendation to the Mayor 
		on the Fiscal 2008 Budget.

		At this time the Chair read his draft to the Board.  

		Member Parsons stated that she rather would have the Board ask for ordinances or rules 
		where the developer have to/must add to source development.  She doesn’t see them taking 
		their tax revenue dollars and putting it into the Department of Water Supply and further 
		stated that we are going to run into a stone wall there.  The Department needs to be 
		self-sufficient.  

		Holly Perdido stated that at the last budget workshop, the numbers show that we need to 
		have an increase.  

		Member Luck asked if it is appropriate at this time for the Board to address a rate relief 
		or tax credit for single-family users below a certain income level.  And should future 
		expansion be supported more by developers?  

		The Chair stated that they are appropriate issues to discuss now.  The first question is 
		the life-line rates or the low income rates. 

		Member Parsons stated that if the county wanted to expand then put the burden on developer’s 
		shoulders.

		Changes to the letter as suggested by members of the Board are as follows:

        	Some of the reasons for this are:

		1. Much of the CIP funding over the past 3 years has been to increase the current system’s 
		capacity as more people, more homes, and more businesses are being served on the same system.  
		These upgrades do not simply benefit water users, but have allowed for improvements in real 
		property value which in turn have and will continue to increase tax revenues to the County.

		2. The meter fees and Water System Development fees that the Department of Water Supply 
		assesses new developments are not enough to fund the actual costs of expanding the current 
		system.

		3. Unless alternative means of funding capital improvements and debt service are made 
		available, the Department of Water Supply may not be able to adequately fund the rising 
		costs of its operations. 

 		Therefore, the Board would like to propose the following recommendations:

		1. To augment or partially offset the proposed water rate increase we recommend that the 
		Mayor and the County Council should consider 

			a. funding of some of the capital improvement projects from property tax revenues 
			and,

			b. that new development should bear the full cost of added infrastructure.

		2. No change.

		3. Delete the word “offset” and replace with “identify”. 

		4. That for the fiscal year 2008, rate increases follow a rate structure option that 
		minimizes the impact of the overall rate increases upon single-family and small agricultural 
		users.

		5. Deleted entirely.

		Motion:	By Member Parsons to accept the Chair’s letter with corrections.

		Second:	By Member Holmberg

		Discussion:  	No further discussion

		Vote:		Unanimous.  Motion carried.

		F. Verbal Update on Pookela Well.

		Alva Nakamura stated that they are 99.9% complete.  There are just 2 more items to be 
		completed.  One is the wiring of the data logger and the second is the completion of the 
		chlorination room’s equipment installation.  This means that the preliminary test of the 
		well pumping system is scheduled for Monday, November 27th.  If there are no unforeseen 
		problems the 6-hour efficiency test is set for Wednesday, November 29th.  

		G. Receipt of Board Members request for agenda items to be placed on future agendas.

		1. Member Parsons stated that she received an anonymous letter requesting that the Board 
		look into possible water contamination of the Maui Lani Well by junk cars at the Waikapu 
		Dump.  

		The Chair stated that before December 5th would be the deadline for members to submit agenda 
		items.

		X. Division Reports

		Chair Okamura stated that because this meeting is being held earlier in the month, not all 
		the divisions were able to complete their reports in time for mailing.  But the missing 
		reports have been submitted at this meeting.

		The Chair asked if the Board members had any comments or questions regarding the Division 
		Reports.  

		There being no further discussion, the Chair moved to the next agenda item.

		XI. Adjournment

		The November 16, 2006 Board of Water Supply meeting was adjourned at 11:29 a.m.


								Prepared and submitted by:



								__________________________________
								Gaye Hayashida
								Commission Support Clerk



		Approved on: _______________________