UMLA Organization Meeting Welcome

1. UMLA Organization MeetingWelcome • Upcountry Meter List Association (UMLA) • Housekeeping Items • `Restrooms in Back. No Snacks • Akaku Is Taping Proceedings • Charts on www.umla.ws with rebuttals • Apology #1: UML and UMLA • Council Member Baisa Comment • Apology #2: Charts Too Busy www.umla.ws: umla@umla.ws

2. UMLA Meeting Agenda • Greeting, Meeting Purpose (Organize), and Introductions • Speakers and Topics (Questions allowed) • Richard Pohle, UMLA Founder: • Meter List: Purpose, Practical Effects & Suggestions • Dudley Deponte, Upcountry Surveyor • Water Department Horror Stories • James Fosbinder, Lawyer: Davis/Fosbinder vs. County Lawsuit: • Davis Suit, Decision Not On Merits, What Next? • Survey Results • Introduction of Candidates and UMLA Tales • Summary www.umla.ws: umla@umla.ws

3. Purpose of the Meter List, Its Effects & Why Suggestions for Improvements • Meet UMLA: What is UMLA? Who am I? • History of the Meter List • What is Current Law? • Upcountry Meter List & Fire Flow Regulations. • So you Want to Build a House • The Practical Effect of the Law on Crater Road • Who is Responsible for this Mess? • What We Can Do? www.umla.ws: umla@umla.ws

4. Executive Summary (1):New Upcountry Meters Costs County $$$ • 3000 meters @ 3000 feet costs County $1.26 M/yr - • That’s just the pumping cost for free water • Actual cost for other infrastructure is extra! Total monthly meter usage at 600 g/d = 18,000 g • Cost to water pump to 3000 feet = $81.00 • (18 x$1.5 x 3 = $81) • Customer at 3000 feet pays = $45.95 • (5 x $1.65 + 13 x $2.90) = $45.95 • County looses $70/meter/2months $420/yr. • If true cost to Maui = $3 M/yr, • That equals the agricultural water subsidy www.umla.ws: umla@umla.ws

5. Executive Summary (2):Why Should County Fund Upcountry? Pumping to Upcountry Meters Cost $1.26M We have no advocate: we need one • Farmers have Farm Bureau, KCA, Sierra Club, … • Fine. But they value animal things over people things • Maui citizens used to cheap water, cheap meters • They resist strongly any rate and price increases • Maui County government chooses not to fund any new Upcountry water meters • We will now discuss just how they do that • We are here to organize: Get an advocate www.umla.ws: umla@umla.ws

6. UMLA Statements To Explain & Prove • “Maui County policy deliberately prevents small parcel Upcountry development.” (Letter #2) • “Big developers with their own private water systems are encouraged instead.”(Letter #2) • “Money will buy water. HC&S uses it in abundance. The County Council must decide if they will set up the legal and political structures to allow people to work together to access this water supply. So far, "lack of water" lie has been used to prohibit Upcountry development.” (www.umla.ws Home Pg.) www.umla.ws: umla@umla.ws

7. Ability Triangle => Money Can Buy Water Affordability (Low Cost) • According to Carl Freedman of Haiku Designs: “The capital costs to provide new water sources for new water services is several times higher than the existing system development fees intended to cover these costs.” • A 1.7 Mg/d proven well sits unused in Piiholo • Meter rights are for sale in areas below Kula Highway: DWS won’t pump up (Concept Courtesy C. Freedman) Maui County Is Here DWS Funding 11% Below Oahu Availability Reliability www.umla.ws: umla@umla.ws

8. Question From Audience & Response • Q: You assert that Maui County looses money since the cost of water at the meter exceeds the billing rate charged. In rainy periods, can’t the County take water from sources at higher elevations to reduce the pumping charges? • A: No. The Freedman chart shows the Maui water situation in an average, equilibrium situation that includes rainy periods. Any new water requests are, by definition, detrimental to existing users. If a new 1.2 Mg/d requirement is added (3000 meters) with no other changes except for a new well at sea level, that well must satisfy all of the new requirements to preserve equilibrium. The extra source will slightly improve reliability because of redundancy. Only if the county develops other, cheaper water sources, does the marginal water cost change. • New water is more expensive www.umla.ws: umla@umla.ws

9. What Is UMLA? • UMLA Wants to Represent Small Parcel Owners on the Meter List • Affordable housing for the local people is the best & highest land usage • Homes we build in our neighborhoods with our money tend to be affordable • If your Tax Map Key is on the Meter List, you are invited to be UMLA members (UMLA complies with MIP and WUDP) • 1312 = Entries on the Meter List (last updated May 18, 2008) • Typical Entries: 1 10/8/1996 2-7-13:013 SD 96-067 43 6/3/1998 2-8-05:001 A 98 1013 44 6/5/1998 2-3-14:006 14 WR 1266 • WR = Water Request; SD = Subdivision; A = Special Case • 3000 = Estimate of total number of meters on List requested • 7.4 Mg/d = Total usage in the Upcountry Systems (all interconnected) • Upcountry => Upper Kula, Lower Kula, Makawao, and Haiku Systems • 1.2 Mg/d (16%) = increase in water usage If all 3000 List Meters were granted • Assuming 400 g/d per meter usage www.umla.ws: umla@umla.ws

10. Who Am I? • Richard Pohle, Ph.D. (U of Maryland: Physics, 1969) • 1969: Employed by AMOS/Motif, MSSS, on Mt. Haleakala • 1974: Married Cori Smart from Oahu: my “Island Princess” • 1986: Purchased 3.47 Acres on Crater Road • Established Valley View Protea Farm • 2003: Became #675 on the Priority Meter List • 2004: Retired as Textron “Chief Scientist”: Heart Issues • 2006: Moved to Oahu • 2008: Failed to sell Valley View Protea Farm Parcel • 2009: Moved back to Maui: Started to investigate water issues • Testified 14 times to County agencies: Started www.umla.ws: • Converted Meter List to mailing list one name at a time: UML • Have spent ~ $5000 of my own funds: I am an private citizen • I want to organize Priority List People as a political & legal entity • The facts presented are true. The opinions are mine alone. • I am appalled by the unresponsive county government www.umla.ws: umla@umla.ws

11. Water Meter Priority List History • Before 2002, DWS Autonomous: Appeal to Water Board • 1986, water meters & “Hold Harmless Letters” were issued • Requirements set by DWS could be expensive • 1993 – 94, Upcountry Water System deemed inadequate: • DWS starts Priority Meter List by regulation • List by application date: DWS exceptions if “without detriment”, harsh, all equal. • New meters require new water sources: i.e., “without detriment to those served” • After 2002 election, DWS Director serves under Mayor. • No Appeal: County Council sets fees and budget • ~2002 “Fire Flow” Regulations replace “Hold Harmless” Letters • Mayor & Council overwhelmed. DWS regulations unchanged • 2009, Council enacts Upcountry Priority List (Ordinance 3667, etc.) www.umla.ws: umla@umla.ws

12. So You Want to Build a House! Building Permit Needs Approval by Planning, Water, Fire Departments, etc. • Planning Dept. allows one house and ohana per zoned area • Fire Dept. requires Adequate Fire Flow Infrastructure • Rural requirement is 1000 g/min for 120 min (MCC Sec 16.04B.130 &140) • No mitigation by sprinkler systems built into structure for subdivisions • DWS requires AdequateWater & Fire Flow Infrastructure • No drop in pressure to other users • Adequate Water Supply (DWS assumes 600 g/d Upcountry) • Upcountry Meter List prohibits any new meters Upcountry: • Upcountry Only: Forget About It! MCC Sec 14.13 www.umla.ws: umla@umla.ws

13. Here We Show Crater Road From Existing50,000 g Tank to Route 377 Junction Existing Undesired DWS Easement Existing 50,000 g Tank Route 377 Junction www.umla.ws: umla@umla.ws

14. The List Prevents Neighborhood Cooperation for Fire Flow Improvements 120,000 g Tank Now Required 961 1057 218 590 554 38 76 573 675 836 877 878 1171 850 814 153 1220 256 1236 303 Suppose the DWS found water for 500 meters: This would remove about 200 people from the List www.umla.ws: umla@umla.ws

15. Maui County Encourages Agriculture Over Affordable Housing: Some Numbers • $525 M = Total Maui County Budget (Percent of County Budget) • $500 K = Budget to reimburse infrastructure development; (0.095%) • $60 M = Real estate tax subsidy to HC&S (11%) • $23.5 M = Real estate tax subsidy to 5800 Maui farmers (4.5%) • $60 M = Agricultural water rate subsidy to HC&S (no pumping reqd.) (11%) • $ 3 M = Agricultural water rate subsidy to 5000 Maui farmers (0.57%) • $100/1000g = cost of water by 65 foot truck over good roads • $1.50/1000g = cost to pump water uphill by 1000 feet • $1.65/1000g (< 167 g/d), $2.90/1000g (< 500 g/d) = Residential rate • $1.00/1000g (> 500 g/d): = Agricultural water rate • $0.004/1000g = Agricultural water rate for HC&S • 600 g/day/parcel = Upcountry water usage assumed by DWS • 90 g/day/person = actual water usage for Upcountry • 0 = Number of people ever kicked off of Meter List • $22,000 = Cost of Developer Meter Rights: $32,000 if Ag. (below Lower Kula) www.umla.ws: umla@umla.ws

16. UMLA Platform Responsible Growth: Responsive Government UMLA is dedicated to the elimination of the Upcountry Meter List • Whereas Affordable housing for the people is the best & highest land usage • Whereas, Since 2002, Maui County government has demonstrated little interest in serving the housing needs of its Upcountry constituents • Be it resolved that UMLA shall request Relief, Fairness, and Justice • The County should provide meters on demand at a price to meet costs • A 1.7.Mg/d well in Piiholo is available but not wanted by County • UMLA Should pay its own way so as not to impact Maui County resources • A meter increases our land value: Let us pay something back • Water is available but new sources are 3 to 4 times more expensive • Water costs $1.50 per 1000 gallons per 1000 feet to pump water uphill • DWS charges $1.65 per 1000 gallons: DWS looses money on high parcels • Fire Flow Requirements are reasonable and will make us all safer • Let us help improve County Fire Flow Infrastructure www.umla.ws: umla@umla.ws

17. Who Is Responsible For This Mess? We all are: The People, Mayor,& Council • The people are divided and apathetic. • Urban sprawl vs. compact communities (no development) • One home on small parcels vs. cluster homes on large parcels • Public (County) water vs. private water supply ($2 M per well) • The “Have Nots” vs. the “Haves” • Cost allocated equally vs. in proportion to benefit • Higher meter fees & rates vs. insufficient money for infrastructure • The Mayor allows the situation to continue • From before 1996, people asking for action. Many gave up • DWS Bureaucracy unchecked (Mayor can fire DWS Director) • Maui County Council unwilling to act • Rubber stamp for the bureaucracy • Underfunds water infrastructure with low fees and rates ( by 11%) www.umla.ws: umla@umla.ws

18. What Can We Do? Suggested Solutions (1) • The People can organize (My attempt is UMLA) • Identify friendly candidates (e.g., Lahaina seat is up for grabs) • Block vote to obtain a friendly mayor & an advocate on Council • Attend and testify at meetings (four minutes is your legal right) • Send letters in an organized fashion • Use www.umla.ws as a reference and resource • Hire an intern to summarize minutes of County meetings • Understand the issues and political effects of your actions • Organize in groups to improve your local infrastructure • Pressure county government for specific solutions. Find out why they act as they do. Don’t be fooled by kind words & no action. • Pester the bureaucracy (mid level people are very helpful) • Troll for grounds for lawsuits www.umla.ws: umla@umla.ws

19. What Can We Do? Suggested Solutions (2) • The Mayor alone is responsible for DWS policy • MCC Sec 14.13.080 Waiver or modification. The director may waive or modify the provisions of this chapter when not contrary to the public's health, safety or welfare, and when the director finds: • 1. Strict application of the provisions of this chapter would cause an absurd, unfair, or unreasonably harsh result; • 2. The director finds the circumstance or condition is unique or exceptional, and the director would grant the same request if made by every similarly situated applicant; and • 3. The resulting action of the director will be without detriment to existing users. • Any DWS Director can waive Meter List for a Class • All single parcels (not subdivisions) surrounded by parcels with meters paying equal taxes should have a meter. To deny them a meter is exceptional,absurd, unfair and harsh and begs for a lawsuit • Give those single parcels a water meter www.umla.ws: umla@umla.ws

20. What Can We Do? Suggested Solutions (3) • The Council can establish a New Policy, a New Meter Class and a New Rate Structure • For single parcels It shall be Maui County policy to provide water for home use to each TMK parcel. (This would affect only WR parcels) • For subdivisions Notwithstanding Title 14.13, a new class of “Conservation Subdivisions shall be created which shall use only Conservation Meters. Conservation Subdivisions may pool their resources. In consideration of the Conservation Meter fees, the DWS shall waive jurisdiction over Conservation Subdivisions.” Different cost and rates could apply to Conservation Meters www.umla.ws: umla@umla.ws

21. What Can We Do? Suggested Solutions (4) For Single Parcels Without Meters (~800): • “Conservation Meters” (CM) cost $22,000 & available on request. • Payment made when CM issued & used only for water infrastructure. • Priced at cost of water at CM. Above 400 g/d, penalty rate imposed.” • CM fire flow regulations & fixture count exempt if with tank/sprinkler For Subdivisions: • “Conservation Subdivisions” in same zone treated as one subdivision. • May share water & combine resources to satisfy Fire Flow Regulation. Explanation: Individual Parcels: • CM intended for home use only. Since CM always available, no need to buy before needed.  Water cost from CM is true water cost + penalty after baseline amount. Water price encourages conservation. Explanation: Subdivisions: • The cost of the fire protection infrastructure upgrades shared among neighbors that wish to subdivide. Their parcels guaranteed future CM. www.umla.ws: umla@umla.ws

22. Upcountry Meter List Association (UMLA)Organization Meeting: Summary • Maui County water policy prevents small parcel Upcountry development. Big developers with their own private water systems fill the vacuum.Water is available • I have proposed solutions • What we do next is up to you • Send an email if willing to serve on board of a real UMLA organization • I will call a board meeting • Lets organize! www.umla.ws: umla@umla.ws