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HomeMy WebLinkAbout 08/20/2013 Special Committee of the Whole minutes MINUTES SPECIAL COMMITTEE OF THE WHOLE August 20, 2013 A special meeting of the Committee of the Whole of the Council of the County of Kaua`i, State of Hawai`i, was called to order by Jay Furfaro, Chair at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Tuesday, August 20, 2013, at 3:03 p.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Gary L. Hooser Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro Excused: Honorable Ross Kagawa Chair Furfaro: I will be calling up the County Attorney to express the legal briefing to us. Afterwards, we will be following Council Rule 13(e) which would allow people to testify on what is posted today, not on any other subject, but what is posted today. Mr. Clerk, do I have any members signed up? Clerk: Yes, we have five (5) people signed up for the Public Comment portion. Chair Furfaro: On that note, may I ask the County Attorney up? There being no objections, the rules were suspended. ALFRED B. CASTILLO, JR., County Attorney: In reference to ES-661. ES-661 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92- 5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an Executive Session with the Council, to provide the Council with a briefing on Bill No. 2491 relating to pesticides and Genetically Modified Organisms and related matters, to provide a legal framework and address questions related to the enactment and implementation of Bill No. 2491. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. [This item was deferred to the September 5, 2013 Special Committee of the Whole Meeting.] Chair Furfaro: As read by the County Attorney and before I do a roll call vote that will take us into Executive Session. We have five (5) people that signed up, you said Mr. Clerk? SPECIAL COMMITTEE MEETING 2 AUGUST 20, 2013 Clerk: Yes, we do. Chair Furfaro: With the understanding that we are following the rules pursuant to Council Rule 13(e). Would you call the first speaker? PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. This rule is designed to accommodate those who cannot be present throughout the meeting to speak when the agenda items are heard. After the conclusion of the eighteen (18) minutes, other members of the public shall be allowed to speak pursuant to Council Rule 12(e). BRIAN WATSON: I am a Scientist from Waimea. What this Bill has done; it makes me sick. While in some circles it stirred up the appropriate dialogue and conversations, for others, it just bred hate and attacking. This is supposed to be the land of aloha not the land of - "go poison your own land you immigrant." These are some of the things I have heard personally and I am a bigger guy. You know, there are people that are actually afraid to leave their families because everyone knows that they work for the seed companies. It has really become sickening. Personally, I have studied science my entire life. I grew up making explosions in my basement with my first chemistry set and when I found out about guys like Dennis (inaudible) in Hawai`i, I thought "wow" there is my dream. I was lucky enough to go to college and graduate school and study Chemistry and Molecular Biology on a cellular level. My family and I have sacrificed, fought through adversity, overcame obstacles to achieve our dreams, and finally I was able to become a Scientist in this paradise. Now that I am finally living out one of my dreams, you are going to tell me that I have to pack it up and go home? I do not think so. I am a Scientist. I am a Professional Scientist. It is safe to say that I understand Molecular Biology and Genetic Engineering better than ninety-nine percent (99%) of the people in this room today. I am not a Media Director from the Pesticide Action Network or someone from under a rock with a dip stick in hand or wherever you stacked your deck of professionals from. No one knows how long Atrazine hangs around yet. Have you been doing your homework at all? Paul Towers from the Pesticide Action Network said, in the last Council Meeting, that it was days, weeks...well it is days. In soils, the half life is approximately over two hundred and fifty (250) days half life. In water, triple it — there is your half life. Concentration has everything to do with it. So, again, what was the Sugar Cane Industry doing? Ask yourself what the intent of this Bill is and SPECIAL COMMITTEE MEETING 3 AUGUST 20, 2013 then ask yourself what actually will happen if this Bill goes forward as written. The Doctors insinuating that correlation is causation or any correlation is even there? Establishing a baseline then maybe, but again here are notes that I have made directly on the Bill myself as a personal/private resident of Waimea. I would be ashamed if you did not take fifteen (15) minutes to read them. I did make copies for everybody this time. Thank you. Chair Furfaro: We will have a Staff member get that from you. Ms. Yukimura: Are we in the eighteen (18) minutes? Chair Furfaro: Yes, we are in the eighteen (18) minutes. Ms. Yukimura: Procedural question, Mr. Chair? After the eighteen (18) minutes when we go to the actual item then they can speak for six (6) minutes each? Chair Furfaro: If you would like to call somebody back up, I have no problem with doing that but let us go through Council Rule 13(e) first. Ms. Yukimura: Thank you. Chair Furfaro: I want to get some clarification to everyone. 13(e) allows people to give three (3) minutes from testimony with no Q&A back and forth with the Councilmembers. When that period is over, if you still want to speak on something but you have not used your time in 13(e), I will allow questions. I just want to make sure that you understand that if you are using your time now, there are no questions and you have exhausted your ability to speak. Does that change any of the five (5) speakers mind? We are in Council Rule 13(e) right now that allows only your ability to deliver narrative to us — no Q&A. If you want to continue to speak, introduce yourself please, and go right ahead. JILL SUGA: Aloha. I sat and listened to hours of testimony with an open heart and realized that there are genuine concerns for those that are in support and opposition of this Bill. This may be over simplifying but I see it as those who support Bill 2491 believe that there are health concerns that are not being addressed and those who oppose believe that we work safely, we are part of the community, and feel that we have been targeted. It concerns me when Councilmembers who wrote the Bill do not understand the impact that it has on the island and people. Or they try to act like it does not. I have heard the comment made several times, "this Bill is not about GMO's." Is there not a moratorium on GMOs included in this Bill? If this Bill is not about GMO's, what is it about? The plantation mentality has not diminished Kaua`i's westsider's ability to know what is SPECIAL COMMITTEE MEETING 4 AUGUST 20, 2013 best as we have been criticized. In fact, we are intelligent people who realize the simple things. If our operating acres are reduced, we understand that our operations will need to be reduced as well — cause and effect. We understand that if it is not us who farm the land, then it will be someone else, and hopefully a farmer. I am a strong supporter of any farming. Farming is a tough job. I can say that I have done it for many years in my backyard with my grandpa growing numerous vegetables. It is hard to support a Bill that I feel has targeted my friends and family who work or support the science behind the bio-tech companies. If pesticides are a concern, how would thousands of acres of vegetable crops be farmed without using any pesticides if only two percent (2%) of our population are farmers? Some say, "Go organic." What many people do not understand is that some organic farmers use pesticides that are equally or as toxic to those used by bio-tech companies. I have a list of them if you want to see them. Please take the time to research all pesticides in Hawai`i before targeting one (1) industry, especially an industry that is working hard to preserve our resources. Thank you. TAI-LI MEDEIROS: Hello, County Council. Excuse me if I stumble over my words. I am not too comfortable speaking in front of a whole bunch of people. I am proud to work for a bio-tech company. I wear this blue shirt today because I am proud. I am proud to work for the seed industry. I sent in a written testimony about my thoughts regarding the Bill and I got response. Thank you, Councilmember, for responding to my E-mail. It really upsets me to hear people who support this Bill come up here and say, "the seed industry employees do not give a damn." They act like we do whatever, whenever, however we like...they act like we do not have any morals, like we do not care about the people on the island. I have four (4) children. I do not care how much the seed company pays me, I would never put them in danger or anybody else's child for that matter. This is our island too. We work on the Westside. We live there. We raise our kids there. We send them to those schools. We are not forced to work for the seed industries. We choose to work there. We are proud to work for these companies. I understand that some supporters of this Bill have made up their mind and no matter what facts are presented to them, they just do not care. They want the seed industry gone. I am hoping that for those of you who are still listening, if you truly care about the people and the island no matter what side of the fence you are on, you listen to the facts and be reasonable. Do not listen to hearsay. If the companies cannot spray pesticide within "X" amount of feet from a school while it is in session — I think that is reasonable. If the County has to step up and help the State by providing more inspectors so the residents can get their concerns answered quickly — I think that is reasonable. I have total confidence in our industry and I know it is safe. Nobody is hiding anything. I know because I have been one of those employees who has gathered information for the Hawai`i Department of Agriculture (HDOA) and the United States Department of Agriculture (USDA) for the past four (4) years. Mr. Hooser wrote in his blog and I quote, "I learned about bullies in high school. You first try to reason with them, perhaps gain friendship and respect, then you try SPECIAL COMMITTEE MEETING 5 AUGUST 20, 2013 your best to ignore them, and stay out of their way. But when they push you, you push them back and pretty soon they stop pushing." Well, in my book, bullies push first. So, you had push us first and that is why we are here. We not here because we want to be here. We have other things that we want to do but you pushed us. The companies did not pay us to come here and talk in front of you guys. Chair Furfaro: That is your three (3) minutes. You need to summarize. Ms. Medeiros: Like I said, we would rather be at work. We do not want like be here. The company is not forcing us and that is pretty much it. I am going to be straight up honest with you guys. I am a registered voter but every time come voting time, I always make an excuse of why I am not going to vote. My co-worker, my irritating co-worker every year he tells us that we have to vote. 2012 he told us, "see you guys never vote now look Bynum had win by little bit. We could have had KipuKai." I should have listened to that guy. Chair Furfaro: Your time has expired. Thank you. ROBERTA PUAKEA: Aloha. As stated before, I oppose Bill 2491. I was born and raised on the Big Island and have seen what GMOs has done for that island. If it was not for GMO that the papaya industry there would be no more. My friends and their families who depend on papaya production at that time would not be self-sufficient and self-employed. In the end, everything they came here to do would be loss. A quote from your "Our Values" bulletin downstairs, "ha aha a — humility." In our professional and personal lives, many came before us and paved the way. Today, many friends, colleagues, families, and those we do not know contribute to us and lift us up. Knowing that we are part of an inter-dependant and awesome creation with a supreme creature, we live with humility and gratitude. I moved to Kaua`i in October of 2007 and I could not find a job in the first three (3) months. I moved here because of my family. Applied everywhere...the first job that I got in January 2008 was at a pharmacy. October of 2008, I went to work at Syngenta. In December 2010, I was hired full-time by them. In the four and a half (4 1/2) years I have been there, I have volunteered to work in the fields. I actually work in their Office as their receptionist. I was proud of the work and I help with a lot of stuff. I like learning. I learned a lot. If I was not given this job opportunity, I too may have been able to be intimidated and afraid and probably going in the wrong direction and lead by fear. I hope you take the time to look at all the facts and not be led by fear. We must work together to make this diverse field of bio-tech an experience we can all be proud of. Do not turn a deaf ear to our needs even if you think it is a small fee because to me, it is huge. Thank you. MARK WILLMAN: I am a resident of `Ele`ele and a registered voter. I am here representing myself. I oppose Bill 2491 and I have something that SPECIAL COMMITTEE MEETING 6 AUGUST 20, 2013 relates to the Bill in regards to pesticides and GMOs and this is written by a friend of mine, her name is Kathy. It says that Kaua`i does have the right to know the truth. Every use of pesticides in the United States including restricted use pesticides on the island of Kaua`i is authorized by regulators who are charged with protecting public health and the environment. Regulatory authorizations of pesticides are based on many years of extensive health, safety, and environmental research prior to approval. So, these products that the companies use are safe. The approved pesticides are subject to continuous regulatory review and new research and are routinely required to maintain regulatory authorizations. Restrictive use chemicals are designated as such because they are intended for professional use by licensed individuals. This is a precaution for many types of products in addition to pesticides and provides additional assurance the product will be used according to the safe practices provided by the manufacturer on the product label. I was here at the previous hearing and I heard the lawyers talk about precedent and all these items sound to me like there is already a precedent set for the regulation of pesticides. Genetically modified crops such as pest resistant cotton and corn use less insecticide not more. It is estimated that the use of GM soy bean, oil, and cotton modified for herbicide tolerance and insect protected (inaudible) reduce pesticide use. This is a quote by Norman Borlaug who is a Nobel Prize winner, he said, "if the naysayer's do manage to stop agriculture bio-technology which I think this Bill is an attempt to do, they might actually precipitate famines and the crisis of global bio-diversity that they had been predicting for a near forty (40) years." Finally, this Bill is a bad Bill because it will have adverse effects in the entire Kaua`i community such as land evaluation and that sounds to me like taking. Finally, this Bill is not equally applied to all people who use pesticides. I believe that if you do enact this, it seems to me that you should apply this equally so there is an equality issue here. Finally, as you look out of the window and you see the reds and the blues, to me, that looks like a separation of the island. Now, what is the island's color? It is purple. The mokihana. When you put those two (2) colors together, that is when you have purple. When you take that a part, you have red and blue. That is what this Bill has done. It has divided. I encourage you to stop this Bill and reunite this island. Thank you. Chair Furfaro: Thank you. We can take one (1) more three (3) minutes speaker. Okay. There being no one else to testify, the meeting was called back to order, and proceeded as follows: Mr. Rapozo moved to convene in Executive Session, seconded by Mr. Bynum, and carried by the following vote: FOR CONVENING IN EXECUTIVE SESSION: Bynum, Hooser, Nakamura, Rapozo, Yukimura, Furfaro TOTAL — 6, AGAINST CONVENING IN EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: Kagawa TOTAL — 1. SPECIAL COMMITTEE MEETING 7 AUGUST 20, 2013 There being no further business, the meeting was adjourned at 3:24 p.m. Respectfully submitted, CIAA Darrellyne . Caldeira Council Services Assistant II APPROVED at the Committee Meeting held on December 11, 2013: JAY F O — Chair, C'-ei7