BOARD OF WATER SUPPLY
COUNTY OF MAUI
MINUTES OF RULES COMMITTEE MEETING
THURSDAY, JULY 15, 2004




Held at the Kahului Shopping Center,
65 West Kaahumanu Avenue, Unit 29
Kahului, Maui, Hawaii.

Present:  Sally Raisbeck, Ken Okamura. Hugh Starr, guest.
Water Director George Tengan arrived about 4 pm, Mike Victorino about 4:15 pm.

HANDOUTS:
Draft Table of Contents, 7/8/04
List of references to Board of Water Supply in Rules, 7/15/2004
Minutes of 7/8/04 meeting

CALL TO ORDER at 3:10 pm by Sally Raisbeck in the BWS meeting room at Kahului 
Shopping Center.  The meeting was not audiotaped since Sally forgot to pick up tapes.

APPROVAL OF MINUTES Ken Okamura moved to approve of minutes of July 8, 2004.  
Passed.

PUBLIC TESTIMONY:  Hugh Starr
1.	Water Source Development Fee is $6030 for a 5/8" meter.  Source is about $2K, 
	transmission about $2K, storage about $2K.  Nowhere does the department make provision for 
	distribution lines.  Result is that the first guy in line has to pay the whole distribution cost.  This 
	is even just for a lot, not just for a subdivision.  Department should provide distribution lines, 
	otherwise the small people get nailed.
2.	The Water Department is enforcing new standards that have never been adopted into the 
	rules.
3.	Where do the water department and the fire department kuleanas intersect?
4.	Rules are not available to the public easily.  One shouldn't have to hire an engineer or a 
	lawyer to find out the rules.  The Public Works Department has handouts available near the desk, 
	a whole wall of them, giving the clear specifications for various subjects.  "Fixture units" is 
	interpreted very subjectively.  Used to be 36 for a 5/8 meter, now 26.  Need plain language 
	handouts.


NEW BUSINESS:
Election of Chair and approval of Committee Rules was tabled.

OLD BUSINESS:
Discussion of Water Meter Issuance Rule for the Upcountry Water System, Title MC-16, 
Chapter 106.

This rule was effective on 10/4/02, and will automatically expire on Jan 1, 2005.  It regulates the 
whole waiting list for Upcountry meters, and should be amended to continue in force.  The 
process of amending it must be specified by the Special Counsel hired by the County Council.

Sally pointed out that even after the process is specified, approving it might take two months, to 
allow for the public hearing needed and for two readings before the Council.

Mike suggested he could write a letter to the Council, or Chairman Danny Mateo, asking to be 
put on a Water Resources Committee agenda to recommend changes to the Rule, and pointing 
out the urgency.  The recommendations will be presented to the Board for discussion at the 
July 22nd meeting.

The Rule has two references to the Board:

(1)	16-106-07, Exceptions to regulations
	The Committee recommended that the power of the Board allowing exceptions should be 
	given to the Director. There was discussion about whether oversight was needed.
(2)	6-106-08, Waiver or modification
	The Committee recommended that the phase "board by a two-thirds vote of its entire 
	voting membership" be replaced by "Director, with the approval of the Board by a two-
	thirds vote of its entire membership".

The Committee did not examine the full Rule, merely the references to the Board.

OTHER MATTERS 

Mike suggested changing the time of meetings to 11 to 1, but the Committee decided to have 
some at that time, and some at 3-5 pm.

Next meeting will be July 21 at 3 pm.

Meeting was adjourned at 4:45 pm.

Minutes were taken by Sally Raisbeck.