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HomeMy WebLinkAbout11/16/2011 Public Hearing Transcript re: Bill #2420PUBLIC HEARING NOVEMBER 16, 2011 A public hearing of the Council of the County of Kauai order by Nadine K. Nakamura, Chair;.. _ Planning Committee, on November 16, 2011, at 1:46 p.m:, at the Concil Chambers, 4396 Rice 201, Lihu`e, Kauai, and the presence of the following was noted: Honorable Tim Bynum (present 2.•04p.m.) Honorable Dickie Chang Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Nadine K. Nakamura Honorable KipuKai Kuali`i, Ex-Officio Member Honorable Jay Furfaro, Ex-Officio Member was called to Wednesday, Street, Room The Deputy County Clerk read the notice of the public hearing on the following: _ Bill No. 2420 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Clarifying farm worker housing permitting requirements), which was passed on first reading and ordered to print by the Council of the County of Kauai on October 19, 2011, and published in The Garden Island newspaper on November 1, 201.1. The following communications were received for the record: '1) Lisa Fuller and Sun, dated November 16, 2011 ~) Paul Kauainature, dated November 16, 2011 (Yau' passe j 3) Jennie M. Navares, dated November 15, 2011 The hearing proceeded as follows: Committee Chair Nakamura: I wanted to start off with Bill No. 2420, so we're going to take testimony: Do we have a list of people who want to testify and would you like to read the first speaker? Mr. Topenio: We have five (5), Committee Chair, the first one is Ned Whitlock, followed by Susan Liddle. Committee Chair Nakamura: I'm going to ask everybody who wants to testify that when you come up just make sure that you press the microphone to put it on, the blue light will come on, state your name for the record and then proceed with your testimony. You will have three (3) minutes to testify and then an additional three (3) minutes once everyone has gone through the process. NED WHITLOCK: Good afternoon Councilmembers. My name is Ned Whitlock, I'm a farmer in Moloa`a. I've been on this ride for the farm worker housing bill from its inception and we just like to get the details straight as you're intended and make the farm worker housing units applicable to CPR units instead of big lots. In Moloa`a case, well as the County interprets now or the Planning Department interprets the bill now, PUBLIC HEARING BILLS NOS. 2420 2 NOVEMBER 16, 2011 it would be quite hampering to many individuals out there to pursue their farming endeavors, envisioned or dreamed about. (inaudible) you to look at this amendment that's passed on by the Planning Commission and approve of it for a CPR units. Thank you. Committee Chair Nakamura: Thank you. I'm sorry, can you please come up. Mr. Furfaro: Chair, I want to remind you that the intent of today's agenda is to take public testimony with minimum interaction with the Councilmembers. But it is at your discretion if you want to have one (1) question or two (2) from the various- members to ask at this time because after the public hearing it will come back to your Committee. Your choice. Committee Chair Nakamura: Okay. The idea is that when it comes to the Committee Meeting, that's when we're going to have a full discussion back and forth. So if you could just limit your question if you have to ask it. Ms. Yukimura: I just wanted to validate Ned's background as a farmer and so I just wanted to ask you how many acres you're farming and how long you've been farming? Mr. Whitlock: I've been farming twenty-eight and a half (28 1/ ) acres and we've been working at it for nine (9) years here on Kauai. Ms. Yukimura: You've been farming for nine (9) years here on Kauai but prior to that, you were also farming? Mr. Whitlock: Arkansas. Yes. About twenty-five (25) years in Northwest Ms. Yukimura: Mr. Whitlock: Ms. Yukimura: Committee Chair Nakamura: please? Mr. Topenio: Manning. And I must say, you produce beautiful greens. Thank you. Thank you. Thank you. Can I ask for the next speaker Next speaker is Susan Liddle, followed by Scott SUSAN LIDDLE: My name is Sue Liddle, I also own property in Moloa`a. I want to thank you for allowing us to testify before you today. I am sure you are aware that this bill is a rewrite of an original bill passed last year. The Planning Department needed clear language when addressing CPR units on Ag land. This new bill allows each individuals CPR unit to apply for housing for their farm workers through a use permit. In my opinion it is very limited in its scope. For example, I won't personally be able to use this bill on my land. For personal reasons I did not reapply for Ag dedication after I purchased it which is one of the requirements of the bill. It also does not address new farmers who might want to start farming. My daughter in-law called me this morning asking me if I was going to this public hearing, she wanted to come and testify but couldn't because she had to be at a class at KCC that teaches young farmers and farming PUBLIC HEARING BILLS NOS. 2420 3 NOVEMBER 16, 2011 entrepreneurs new farming techniques. She sees firsthand the importance of creating a friendly environment for new farmers. Maybe in the future we can address these issues but I still think it's a very important bill. The restrictions in this bill were created to alleviate any worries about people abusing additional density on Ag land. Everyone who appreciates the farmers at our Farmer's Markets pay a lot of lip service to promoting local farming, this is a concrete way of actually supporting them. Thank you. Committee Chair Nakamura: Thank you Sue. Fuller. Mr. Topenio: Next speaker is Scott Manning, followed by Lisa SCOTT MANNING: I just found out about this yesterday so I apologize I didn't.., oh yeah, my name is Scott Manning. I just found out about this yesterday so I'm not going to take up too much time. I'm in the process of applying for a 501(c)(3) here on Kauai to grow food for lower income families by ways through public schools system and working with the SNAP and the EBT card and all that. The vision of the plan is to have some land that's in agriculture zoning area and house the employees to make this operation viable. By looking at the bill, there was just a few concerns I had at first glance and I just want to put it out there that from my experience and I've been a part of this type of program before in California and raised tens of thousands of dollars for school gardens. It's just... I think it's the most important thing that we can look at right now as far as issues on Kauai is where our food comes from and the education behind that. I just wanted to come and listen and participate and see what's going on so I can draft that into my bylaws of my non-profit and be clear on the (inaudible) when I need to address ahead of time to make sure it's a viable business model. That's all, I don't have any particular questions for anyone but I see there's some pretty heavy hitters in the room today, so that's impressive and so we should honor our farmers. That's all I have to say. Committee Chair Nakamura: Chair Furfaro. Mr. Furfaro: Thank you for coming to testify. I just want to... you're pursuing the SNAP program with the Food Banks and... is that what I heard you say? Mr. Manning: Well I have a partnership with the only farm on the island that has the EBT access, so I'm going to further that relationship and go to the schools with it. Mr. Furfaro: on right now with important Ag lands? Mr. Manning: Mr. Furfaro: Committee Chair Nakamura: question for you. And then are you familiar with the process going Yes. Okay, good. Thank you. Can you hold on a second, there's one (1) more Ms. Yukimura: Thank you. Actually two (2) questions, one (1) are you planning to grow food in school gardens or on another parcel of land? 4 PUBLIC HEARING BILLS NOS. 2420 NOVEMBER 16, 2011 Mr. Manning: On another parcel of land. How it works is, we grow the food and we deliver it to the school. There's a dismissal time and people can put their order in ahead of time and then what happens is, the PISA will get behind it and a couple of dollars for every order, it's like a CSA, a typical CSA but designed for lower income families. Ms. Yukimura: Maybe you should say what CSA stands for. Mr. Manning: Community Supported Agriculture. Ms. Yukimura: Okay. Mr. Manning: Specifically what that is, if you don't know, you get a share of the farm for a year but this is going to be designed for a week to week commitment. So when school's out on recess or for summer vacations, you're not committed to the whole year and so we've designed a way to keep to introduce... not necessarily organically grown but yes... it's locally grown and sustainably grown. Ms. Yukimura: Which farm has an EBT? Mr. Manning: Kauai Farm Connection in Kilauea. Ms. Yukimura: Okay, thank you. Mr. Manning: That's Gary and Gillian Seals. Committee Chair Nakamura: Thank you Scott. Mr. Topenio: Next speaker is Lisa Fuller, followed by Louisa Wooton. LISA FULLER: My name is Lisa Fuller and I'm a new farmer on Kauai. My husband Sun and I are the owners of the business One Song Farm located in the Moloa`a Ag Hui. At this time, we steward approximately three (3) acres of land whose owner is not a farmer, living in San Francisco and we have chosen this site specifically because the owner is open to an exchange of labor in lieu of a lease payment. For the past three (3) years and three (3) months, we have been dedicated to transforming a field of guinea grass into an organic bio-intensive growing space which includes a successful market garden, along-term food orchard, and edible wind breaks. We have also built 2500 square feet of greenhouse space with the assistance of the Natural Resource and Conservation Service and outfitted them with a solar drying system for seed saving through a grant from the Kauai Ag Development Program. We've also chosen Moloa`a because of Sun's expertise in soil remediation and are working with the University of Hawaii regarding soil pest reduction research. He has worked with contaminated and abused soils in Hawaii for the past twenty-two (22) years using organic farming methods that, in a short period of time, turns old pineapple Ag land full of pieces of black plastic and pesticide residues into an organic certifiable farm teaming with life and fertility in the soil and in the food. Financially it is an expensive choice to start an organic farm. Returning the minerals and life to our soils is costly and the burden has been on organic farmers to do that. To have our food growing in a chemical free environment is worth whatever the cost to us and organic farming is really the only method close to sustainable. PUBLIC HEARING BILLS NOS. 2420 NOVEMBER 16, 2011 We appear to be farmers but truly we are concerned citizens, as I imagine all of you are, considering your choice to be on the County Council. We desire the best for our home, Kauai. Both Sun and I have had high paying jobs in the past. I was a hospice nurse for seventeen (17) years and after meeting Sun, I saw how I could use my skills to care for the land and thereby care for humanity and myself in a healthier, more wholesome way. From our point of view, food security is paramount in a sustainable community. The main problem that we see in agriculture is the serious lack of expertise in food production. Those of us farming are writing the book on sub-tropical food growing in Hawaii by our daily experiences with the unique challenges facing us that mainland agriculture knows nothing about. As organic farmers, those challenges are dramatically increased as we deal with the agricultural history of the island and its long lasting ramifications for our soils, our waters, our air and our health. The long term vision of One Song is to become alive-in, learning demonstration site for truly sustainable life including producing food, fiber, fuel and building materials utilizing permaculture as well as organic and bio-intensive methodologies. We are a part of the solution to the original problem I mentioned earlier about the lack of expertise. Sun has been inspiring and training others for years in this methodology of fuel-free growing that anyone can do, including me and now, he and I are continuing the legacy in Moloa`a. We need your support, now. We have created a beautiful, abundant, organized, clean food growing space that has inspired many to look at their own contribution to food security on Kauai and beyond. We've had many articles written about us, both locally and world-wide, videos taken of Sun discussing our project and our methodology, countless pictures taken of the space by various publications, and have hosted multiple educational workshops with local gardeners and farmers. We could not have accomplished what we have done without living on the land we were working. And we could not have done it by ourselves as the growing space is by hand only hand digging, hand planting, hand watering, hand cultivating, hand harvesting. According to the current written laws, we are living on this land illegally, as have several apprentices that have wanted to live with us and learn what we are doing. We would like to see that change with this amended farm worker housing bill passing. At this time, there is little incentive for anyone to become a farmer on Kauai unless you are amono-cropping, big money, exporting company. The blocks are many including high cost for land, not being able to live on the land we might buy for a reasonable price, the exorbitant cost of amendments to remediate the soils, having to pay for Ag water and continued import of foods that can be grown here from places that are selling it at a fraction of the cost, thereby making it impossible to complete. On the plus side, the modified farmworker housing bill before you is a step in the right direction. It's a beginning. One Song Farm is asking you to take an even broader look at whether or not Kauai wants to support small farmers such as ourselves who are growing the foods our island community is eating and will want to eat more of in the future. If the answer is yes, join us in creatively moving out of the box of our current Ag paradigm into something more lasting and more beneficial for all of us. It is a big can of worms we're asking you to open, but we're farmers, we're not afraid of worms. In fact, we believe as organic farmers, mo worms, mo better. Thank you for your time. Committee Chair Nakamura: Thank you Lisa. 6 PUBLIC HEARING BILLS NOS. 2420 NOVEMBER 16, 2011 Mr. Topenio: Next speaker is Louisa Wooton and final registered speaker is Glen Hontz. LOUISA WOOTON: Good afternoon, my name is Louisa Wooton and we own Kauai Kunana Dairy on the North Shore which is a farm we created on the limited common element on a CPR unit. Our CPR partners are the Haraguchi Farms, they own half of it and we own the other half, both family farms. At the Planning Commission hearing on this Bill as well regarding the change of wording and I see that that is the way of doing a bit of housekeeping on the Bill. Eliminated common element is the proper legal phrase for what we're asking for. I want to remind everyone how restrictive this Bill is for future farming or future people who want to sign up. We wrote very clearly into this Bill, a lot of us worked on it, some of them present Council people into making sure that this was not going to be an avenue for people to subdivide their land and create incredible density throughout the island by using this bill to create a limited common element CPR sort of thing. In other words, if you don't already have a CPR and you have not yet dedicated to agriculture as the date of the signing of this original ordinance, you cannot apply for the farm worker housing Bill. If you want to look at all the real estate books and ads around the island, you're going to find a tiny, tiny percentage of land that is not already, CPR and in agriculture. You cannot go out and buy a lot of agriculture land on Kauai, it's just about impossible. I think I looked about six (6) months ago there were three (3) or four (4) properties that were not CPR lots. So it is very restrictive and I wish there was some way we can work around that but I know why it's in there and I understand why we need to change the wording so it's legal and that's what I hope we're addressing here. All these wonderful people talking about farming, we already vetted that, I hope. We know that we need it, we need to bring our own food. I just want to say we're not going to open a can of worms here with this Bill, with the proper wording, where anybody and everybody can come onboard. You have to be a farmer, you have to make thirty-five thousand dollars for the previous two (2) years, you have to already be dedicated to Ag, you have to have a farm plan, you have to prove that you are going to be farming, and so not every Tom, Dick and Harry and not every realtor can sell a piece of property and say you can build farm worker housing. This Bill is very, very strong to prevent that from happening and I support the change and this wording. I think we need it and let's get on with it. Committee Chair Nakamura: Thank you Louisa. Chair Furfaro. Mr. Furfaro: Louisa, good to see you again. Ms. Wooton: Good to see you. Mr. Furfaro: As you know, I was the co-author of the original Bill along with Councilwoman Yukimura. You are familiar as we go through the IAL process that there will be opportunities as the Legislature is posing that would actually take some of these controls away from Kauai plan. Is your group getting involved with the IAL process, might I ask? Ms. Wooton: Well as I've watched on television. Mr. Furfaro: Okay. Ms. Wooton: It's hard to come to these meetings but I would like to be involved. I know there's people in the Committee that have agriculture at heart, right Roy? And so, yes I hear what you're saying. I just want to give you a case and point if PUBLIC HEARING BILLS NOS. 2420 NOVEMBER 16, 2011 I got a few minutes, after we got this approved my husband who's a wonderful contractor and drafts... Mr. Furfaro: Let me ask the next question. Ms. Wooton: Oh sorry. Mr. Furfaro: After this was approved because that's how our rules work. Ms. Wooton: Yes. Mr. Furfaro: Did your husband move forward on any applications with the Planning Department? Ms. Wooton: Yes he did. He sat down and started drafting it because we want to build a equipment barn on our property. Our property is less than three (3) acres so we have a tiny footprint, very small, we farm another acre which belongs to our daughter and son in-law but Bob sat down to draft our equipment barn and his idea was that he was going to put our farm worker housing on top of the equipment barn and he did a little sketch and he said what do you think, and I looked at it and said no can, you're building this on a concrete slab and the Bill says we can't do that. He said why, those weren't exactly his words but... and I said because if we start farming, we're going to have to move it, and he goes where you going to move it? Mr. Furfaro: Well... Ms. Wooton: I just wanted to say that that's something came up on our own experience but we're building our equipment barn first, we're ready to build our farm worker housing second, but it will take up more land, that precious, expensive, valuable land than we would like. Mr. Furfaro: Again I'm trying to understand the need for these amendments in the Bill. Ms. Wooton: Yes. Mr. Furfaro: This is the original Bill and as the co-author, I was also respecting what we were trying not to do by just arbitrarily giving new density. So we talked about the eighteen hundred square feet being built off the no concrete foundation and so I think that's one of the things attempting to be amended here. So it is a public hearing, I just wanted to make sure that you did apply under the old Bill and that's... Ms. Wooton: drawings. Mr. Furfaro: feedback on the concrete slab? Ms. Wooton: Well we haven't applied yet, we're doing our Okay. But under the current Bill, you got the Exactly. Mr. Furfaro: Got it. Thank you very much. PUBLIC HEARING BILLS NOS. 2420 NOVEMBER 16, 2011 Committee Chair Nakamura: Thank you Louisa. Do we have another, one (1) more person? Mr. Topenio: Final registered speaker is Glen Hontz. GLEN HONTZ: My name is Glen Hontz. I'm a teacher at Kauai Community College. I'm not a farmer but I farmed as a young man on my grandfather's farm in Pennsylvania which was a totally self-sufficient farm, three hundred acres. I say self-sufficient with an exception of sugar, flour, and a little bit of bourbon, they made their own beer but bourbon was imported. Anyway I learned farming in a very (inaudible) style of farming. There was no running water, there was no electricity, we pumped it... the water came up from the well, the electricity was candles and kerosene lamps and the power was horse power, real horses that pulled the wagon and pulled the plow. I saw farming in its earlier stages of American history. I teach farming at the Kauai Community College now and my interest in seeing opportunities for farmers to live on the land that they farm and for farm worker housing to be available to workers who work on the farms not as a desirable condition but as a essential condition for the future of farming on this island. If we can't make it possible for people to be more convenient in land that the land, it's almost ludicrous to encourage people to go into farming. It's like saying, oh you want to become an airport maintenance worker, well we have a job for you, you live in New York City, oh fine... we have a job for you in LA and all you have to do is everyday fly from New York City to LA and work there and then go on a plane and fly home. It's a wonderful job, they'll love to have you there, you're well qualified and they certainly need a lot of farmers and a lot of airport maintenance people in LA because those are very busy airports. We have the potential on this island to overcome one of the most pressing crises on the island of earth and that is the food crisis. It is coming at us like a speeding locomotive, there are food shortages all over the world and they're getting worse, not better. We have to capability on this island with the manpower, land, weather and growing seasons the become food self sufficient within a matter of a few years. We are training farmers for that very purpose and if we can make it possible for them to go forth after they graduate, and live and work on their farm and be productive and apply some of the advance farming techniques that we are teaching them, we can overcome the food shortages in a very short period of time and move to a level of food self-sufficiency on this island that will amaze you. I say that with total confidence from the people we are training, not just in farming but also in aquaculture and in advance systems of farming that are permaculture and they can grow way more food than you'll ever experience in traditional agriculture. Better food, healthier food, more food. Committee Chair Nakamura: That's your first three (3) minutes, you have an additional three (3) minutes. Mr. Hontz: That's all I have to say. I love all of you and I know all of you personally and I really, really respect you and I know that you'll make the best possible decision in this matter. Thank you, I am leaving for a class. Committee Chair Nakamura: Okay, thank you Glen for being here. Mr. Hontz: Thank you very much. Committee Chair Nakamura: Is there anyone else who would like to testify on this matter? Mr. Oyama. PUBLIC HEARING BILLS NOS. 2420 Mr. Furfaro: that wanted to ask you a question. Mr. Hontz: Mr. Furfaro: Mr. Hontz: Okay, have a good afternoon. Committee Chair Nakamura: 9 NOVEMBER 16, 2011 Glen, let's see if the Chairwoman had someone Oh I'm sorry. No questions. I like that. It's like teaching... no questions. Mr. Oyama. ROY OYAMA: I'm sorry I didn't plan on it but after hearing all of the speakers... I'm sorry I'm Roy Oyama of the Kauai Farm Bureau, I forgot all about that too. Anyway, to carry on after hearing the speakers and as you know we have, Farm Bureau has worked with the group for over two (2) years of this project and it has not flown yet, okay. We want to see it move and to be honest to... it took a long time because our concern was for real agricultural purpose. I think we got to the stage now and I would also point out to that all the testimony that you've heard, it's very good, it's a purpose of serious Ag and another point of this is it takes and it took a while and it's very hard to understand and lobby for a good Bill because if you understand, we have less than two percent of the population in farming. So that's why it's so difficult to understand and to make it an issue that will fit agricultural properly. Farm Bureau stands on it and supports it, that's all I have to say. Thank you. Committee Chair Nakamura: Thank you Mr. Oyama. Would anyone else like to testify on Bill No. 2420? JAMES AYAH: Hi my name is James Ayah and I've been on the island about nine (9), ten (10) months and in my former life I used to bridge science and spirituality to hospitals, HMOs, high school in New England and how we can work together with one another to make things a lot smoother and easier for everyone. I came to this island, I went through the class that Glen Hontz and three (3) other instructors taught over the summer, permaculture, organic farming and I've always known, I was eleven years old when I was farming, growing food for my family. I've always known that it was really important to grow your own food and eat locally and now I'm in a class where Hontz is teaching it, it's actually become a business in a sense of getting Kauai self sustainable. I think roughly we're only ten percent sustainable so should something happen where we're not having any imports, we are now sustainable only by ten percent. Our goal with the CSA, it's not only a CSA but it's called the village green and it's anon-profit umbrella and it's designed to coordinate, collaborate and communicate among all of the farmers on the island and somehow bring together everyone as one big farming family to support the island a hundred percent. I am very committed to this, I'm on the marketing in sales aspect of collaborating, coordinating and communicating that, but I also know that what Glenn said, what Louisa said combined is phenomenally accurate and incredibly needed in terms of yesterday, it's that quick and critical in terms of how things are advancing planetarium. To make things easy for us to continue, I mean two percent, I didn't know two percent with what Roy was just saying is the farming community for about sixty-five thousand people on the island. That's not a lot in terms of the percentage of people, if we can have it more feasible, easier like what Louisa was saying, it's kind of difficult with all the different requirements in order to have people live on land and farm and produce food. If we can 10 PUBLIC HEARING BILLS NOS. 2420 NOVEMBER 16, 2011 make that easier in this Bill for people to exist, co-exist and live on the property and grow food. I'm currently living on Moloa`a on a farm and I'm representing a couple of people that are instructors for the organic farming classes as well, they couldn't make it today. I really know that there's a lot more people that are in support of having this go easier for the island. We want to eat, we want to feed everybody and one (1) garden... I use to feed all our neighbors with... Committee Chair Nakamura: That's your first three (3) minutes, you have an additional three (3). Mr. Aya: I just know one (1) small garden can feed a lot of people. And why not feed ourselves. I didn't have anything prepared but that's from my heart and I want to support positive decisions. Committee Chair Nakamura: Thank you for your testimony. Mr. Aya: Thank you. Committee Chair Nakamura: Would anyone else like to testify on Bill No. 2420? I wanted to ask the Kauai Farm Bureau whether you'll be submitting written testimony? Mr. Furfaro: Please come up Mr. Oyama. Mr. Oyama: Once again Roy Oyama and to the question of Chairperson Nakamura, yes we can do it. I just came here today for the other Bill but then we are so far behind with all of our work, we have so much work, it's volunteer and we have someone hired but still we are carrying on a lot of work but anyway we will do it. Thank you. Mr. Furfaro: We got an affirmative answer and we know how hard farmers work. Mr. Oyama: Thank you. Committee Chair Nakamura: One (1) more question Mr. Oyama. Ms. Yukimura: I think you mentioned it but I just wanted it to have it clarified for the record, the Farm Bureau has been working on this Sill with the drafting Committee... Mr. Oyama: Right. Ms. Yukimura: ...with you said two (2) years but I think it's been almost... Mr. Oyama: Over two (2) years. Ms. Yukimura: Four (4) years that we've been working on it. Mr. Oyama: Yes that's right. But beginning stage when Jay approached me and when we talked about it... yes... it's past election. PUBLIC HEARING 11 BILLS NOS. 2420 NOVEMBER 16, 2011 Mr. Furfaro: It's closer to three (3) years. Mr. Oyama: Yes it's been a long time, thank you. Committee Chair Nakamura: Thank you Mr. Oyama. There being no further testimony on these matters, the public hearing adjourned at 2:20 p.m. Respectfully submitted, ~l-/`---~, L/ c.. RICKY WATANABE Interim County Clerk /ds