WAILUKU - All three of Mayor Charmaine Tavares' nominees to the Board of Water Supply got a cool reception from the County Council Committee of the Whole on Tuesday.
Two, John Hoxie Jr. and Jeffrey Rebugio, couldn't get a second when Council Member Gladys Baisa moved to recommend their confirmation to the full council. The third, Don Gerbig, escaped from a motion to disapprove only because the committee could barely muster a quorum of five, which meant all five members had to agree. Chairman Mike Molina did not agree to the motion of Council Member Bill Medeiros.
Hoxie, chairman of Hui No'eau Visual Arts Center, is the former vice president of farming operations at Hawaiian Commercial & Sugar Co. He retired in 2003. Rebugio is a civil engineer working for Kaanapali Development Co.
Gerbig, a retired executive with BEI (formerly Brewer Environmental), stirred the resentments of dozens of Mauians with a letter to the editor published in The Maui News. In it, he challenged an earlier letter from Isaac Moriwake, attorney for Earthjustice, who had criticized Hawaiian Commercial & Sugar Co.
Gerbig said he had never worked for HC&S but thought somebody should stick up for its employees and give "the other side."
Molina said: "At least Mr. Gerbig was trying to show the public where he stood and the other side of the story."
There were nearly 75 letters and e-mails objecting to Gerbig's appointment. They cited his statements defending GMO (genetically modified organisms) research, his ties to big agriculture - many alleging, incorrectly, that he works for Monsanto - and his letter, which they said raised doubts about his commitment to the public trust doctrine of water.
Council Member Sol Kaho'ohalahala questioned all three nominees about their understanding of the public trust doctrine, which is in both the state constitution and the state water code. The doctrine states that fresh water in Hawaii is for the benefit of all and therefore cannot be owned by individuals. Users must show a beneficial purpose.
The three nominees said they regarded the doctrine as "settled law" or "a done deal" and would, if on the board, conform their decisions to its limits.
The board does not make executive decisions.
It is only advisory to the county government, except that it hears appeals from decisions of the Department of Water Supply.
Kaho'ohalahala also asked each nominee if he understood the consent decree that the county entered into with the Coalition to Protect East Maui Water Resources, which puts limits on how the water department could seek new water resources. Though none claimed detailed knowledge, all agreed they would conform their decisions to it.
Baisa and Jo Anne Johnson both said they were influenced by the outcry at Gerbig's letter.
"It's unfortunate Mr. Gerbig wrote that letter to The Maui News," Johnson said.
Tuesday's meeting was a continuation of a hearing that began March 5. Public testimony was closed then, so no new comments were received about the nominees from the public.
Council Member Wayne Nishiki, who had asked that the nominees come back for questioning, missed Tuesday's meeting because of illness, and Council Members Mike Victorino, Joe Pontanilla and Danny Mateo also were absent.
The three names will be presented to the full council without any recommendation from the Committee of the Whole.
Medeiros said that when that happens, he will also raise as an issue that no present board member or nominee to the panel is from East Maui.
"East Maui provides a major supply and source, and we are deserving of a member who is familiar with Hana and East Maui," he said.
* Harry Eagar can be reached at heagar@mauinews.com.
