Loading...
HomeMy WebLinkAbout 11/14/2013 Special Council Meeting Minutes (including continuation on 11/16/2013) SPECIAL COUNCIL MEETING NOVEMBER 14, 2013 The Special Council Meeting of the Council of the County of Kaua`i, was called to order by Council Chair Jay Furfaro at the Council Chambers, 4396 Rice Street, Room 201, Lihu'e, Kaua`i, on Thursday, November 14, 2013 at 9:10 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro APPROVAL OF AGENDA. Mr. Rapozo moved for approval of the agenda as circulated, seconded by Ms. Yukimura, and unanimously carried. Chair Furfaro: For the public, I have a couple of housekeeping notices that I would like to share with you. First of all, the agenda item is a single item today. If you are planning to testify, I would encourage you to sign up for your three (3) minute period. I am going to make several reminders through the morning and I am only taking sign-ups until 10:30 a.m., so please make note of that. If you are planning to speak, we have one and a half (1.5) hours and we have one (1) item on the agenda. Also, I want to make sure that we all understand that the item on the table is an agenda item for possible motion to override the Mayor's veto, which would need an affirmative vote of this Council of five (5) members. That is pursuant to Chapter 4.03 of the Kaua`i County Charter. If the Mayor's veto is sustained, it is also because the super majority of votes were not obtained. That is what today's agenda item is. For those in the audience and those inside, please sign-up accordingly if you wish to give testimony. I would like to adhere to the appropriate protocol and Rules of the Council, especially in this building that is now serving our County for one hundred (100) years. It is important that amongst all of us, we show kokua and respect. It is extremely important in our community. I have been watching a number of things that do concern me about living aloha and the values that we have in our community. This particular agenda item is about those values and I do not want any of us to get beyond any challenges with one another. That is not pono in our island home. On that note, have we read the item? JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: Chair, we have the "Public Comment" period. Chair Furfaro: Okay. This is the Public Comment period, which we are going to start first. On this portion of our agenda, I would ask the Clerk to acknowledge the first six (6) speakers who signed up for three (3) minutes where there will be no question and answer from the members. Go right ahead. SPECIAL COUNCIL MEETING 2 NOVEMBER 14, 2013 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). Ms. Fountain-Tanigawa: The first speaker is Mark Willman, followed by John Aana. Chair Furfaro: Please come up. There being no objections, the rules were suspended. MARK WILLMAN: I just wanted to let you know that I have been praying that the spirit of Jesus Christ would be over you guys to give you wisdom, courage, and protection. Chair Furfaro: Thank you for that, John, but you need to introduce yourself. Mr. Willman: My name is Mark Willman. I am a registered voter from `Ele`ele and I am here to represent myself. Aloha Kaua`i County Council and mahalo for the opportunity to give my testimony. I am here to ask you to please sustain the veto. I have petitions here with over hundreds of names in support of sustaining that veto. I support the Mayor because I believe he is correct as the leader of the County to show us how to work together and not fight against each other. It is also his duty to guide the Council away from doing something that you will regret. If the Council overrides the veto resulting in an expensive lawsuit, you, members of the Council will be responsible, not the Mayor. Let us get a game plan that is successful from the start and not begin with the program of known problems from the start. Let us work together and ensure a safe community and healthy business environment. Voluntary measures can do and will work. Please vote to sustain the Mayor's veto. The Mayor's veto is giving you a free out. Your own Attorney's now public opinion has given you the opportunity and support to sustain the veto. Do not align yourself with extremists who have hijacked the environmental and organic movement who have made death threats to the Mayor and who have no tolerance for moderation. Another reason to sustain the veto is that the Bill should be voided due to a conflict of interest of one of the Bill's author. The Bill was introduced by Gary Hooser, who I believe has a conflict of interest. He is on the board of the Hawai`i Organic Farmers Association. The Bill has tried to point attention that conventional food production is not safe, which I believe is not true. If the Bill is successful, people would be afraid to buy conventional food and therefore, buy organic. Because of the glaring conflict of interest, the Ethics Committee should investigate Hooser and declare the Bill invalid. Because of what I have heard at these testimonies, I am more afraid to buy organic because this industry is not regulated like conventional food, which conventional food has been proven to be safe. The Bill attempts to turn our attention away from organic foods which are dangerous. More people have died or SPECIAL COUNCIL MEETING 3 NOVEMBER 14, 2013 suffered sickness from organic food worldwide than conventional food. I cite three (3) items. On June 3, 2013, frozen berries sold at Costco were linked to thirty (30) cases of Hepatitis A. That was from Townsend Farms Organic Antioxidant Blend of frozen berries. A second item was a multistate outbreak of Shiga Toxin-producing Escherichia Coli (STEC), that was linked to organic spinach in a spring mix blend. The third one in 2011 was a multistate outbreak of human salmonella. That was from spinach from Tiny Greens Organic Farm. If it is disclosure that the people want, then let us make this Bill fair. They should ask for the following disclosure: "What are the organic pesticides that are being used on the island? Where, how much, and what food are being sold directly to consumers at elevated prices? What are the price increases associated with organic food and why?" Chair Furfaro: Thank you. That is your three (3) minutes. Can you summarize? Mr. Willman: Thank you very much. In summary, I would just like to ask the Councilmembers to take the lead on this issue and restore our trust in you that you are equitable and not discriminatory against corporations. Please sustain the veto and restore the damage this Bill has taken on all of us. Drop it like you have dropped all of the other elements of the Bill. Aloha and thank you. Chair Furfaro: Thank you. Next speaker. Ms. Fountain-Tanigawa: The next speaker is John Aana, followed by Brian Ueno. Chair Furfaro: Good morning, John. JOHN AANA: Good morning Councilmembers. My name is John Aana and I am a retired Fire Captain with the County of Kaua`i. I am also a taro farmer from the west side. I am here today to remind you folks how important this is to the west side people and especially the people in Waimea. I have a list of people. Can I give this to you? Chair Furfaro: Our Staff can take it from you, John. Mr. Aana: These are all the people on the lawsuit against Pioneer. These are all the Waimea people who all live in ground zero. The reason why this lawsuit was filed was because of inaction. Back in 2000, Klayton Kubo started a petition that was signed by a lot of Waimea residents and he presented it to Pioneer. They said, "Okay, we will do this, this, and this to help mitigate the problem." During the next ten (10) years, they did nothing. It is this inaction by Pioneer and by the Government officials— nobody did anything for ten (10) years, so was out of frustration that this lawsuit was filed. Still, we are living in the same conditions, everyday. You do not realize what it is to be inundated by dust everyday and who knows what is in the dust. On this list, I think there were more people that were added, but this was the original list, so I think it is closer to two hundred (200) people in there right now. Anyway, now here we are almost fifteen (15) years later and still nothing was done. I think the only thing that was done was the grading violations that the County issued to those guys. Right now, you guys are thinking about letting the State take over the problem, but the State did nothing. Their answer to this is "voluntary disclosure." We need something done. Enough is enough. It has been long enough. We need something done now. SPECIAL COUNCIL MEETING 4 NOVEMBER 14, 2013 This Bill is not the "cure all" and it is not the "end all," but it is a start to head us in the right direction. This island is like a canoe and you guys are the navigators. By passing the Bill the last time, you changed the course a little bit and started heading us in the right direction. We want go to the land of healthy children, clean land, and clean water. That is where we want to go. You set us in that direction, but the captain said, "The waters are too rough, so we do not want to go that route." Ms. Fountain-Tanigawa: Three (3) minutes. Mr. Aana: You guys as the navigators need to head us back in the right direction. Please do something because health and safety should come first over any other economic reason. Chair Furfaro: Thank you, John. Mr. Aana: Thank you. Ms. Fountain-Tanigawa: The next speaker is Brian Ueno, followed by Teresa Tico. BRIAN UENO: Aloha. My name is Brian Ueno. I was born and raised in Waimea. I attended, played sports at, and graduated from Waimea High School and I currently reside in Waimea. This issue for me is pretty emotional because I never knew about a lot of the stuff that is happening to my house until this lawsuit came about. Then I started finding out about where the dust came from and why certain things are happening in my yard. Just to give you reference, my residence is directly across the street of Waimea High School, so whatever affects me, affects the school. I have been working in the Emergency Medical Services (EMS) for over thirty (30) years. I started out as a Crash Firefighter, Emergency Medical Technician (EMT) out at the Base. Now, I am working out in Waimea and serving my community in the ambulance. I enjoy all of the outdoor stuff like hunting and fishing. Right now, I am kind of into aquaponics and gardening. I also coached at Waimea High School for over twenty-five (25) years so I have seen a lot of kids come and go. I was asked to deliver this testimony on behalf of eighty (80) plus first responders like myself, in which we signed a petition. I believe Councilmember Kagawa received that petition. Our concerns are about disclosure. When we were trained to go into a situation, we do not go in there blindfolded; we always know what chemicals are stored where. When we go in there, we kind of know what to expect if there is an emergency in that situation. In this case, we have no idea of what is being stored or used in that area. Our job is not the safest one in the world and we do not want to put ourselves in harm's risk anymore than we have to. I am asking that the County uphold this Bill for disclosure and to include buffer zones around the schools and homes. I felt that this is not only my duty, but my responsibility as a community member to come forward today because typically, I am not the type of guy who steps up and makes this kind of testimony. I would appreciate it if you can find it in your hearts to uphold this for not only the community members, but for us that work out in the EMS field every day. Thank you. Chair Furfaro: Thank you very much. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Teresa Tico, followed by Paul Achitoff. SPECIAL COUNCIL MEETING 5 NOVEMBER 14, 2013 TERESA TICO: Good morning Councilmembers. Thank you for the opportunity to testify in support of a very important measure that our future generations will thank us for. My name is Teresa Tico. I have been an Attorney on this island for thirty-six (36) years, representing individuals, families, and community organizations. I have also served our legal community as a Grand Jury Counsel and Per Diem Judge in the Fifth Circuit Family and District Courts here on this island. My commitment has always been to help make Kaua`i a healthier and safer place for our future generations. I am here today to testify and assure you that should the Ordinance be challenged in Court, my associate Attorney Peter Schey of the Center of Human Rights and Constitutional Law and I stand ready, willing, and able to represent and defend the County on a pro bono basis. That means that we will represent and defend this Ordinance for free. We will not charge legal fees to the County. I have known Mr. Schey for over forty (40) years. I can attest to his good character and his outstanding reputation in the legal community on a national level. Mr. Schey has been directing the Center for many, many years. He has represented members of Congress. He has successfully initiated many, many class actions in the human rights arena. In fact, I have brought him in on many cases in Hawai`i on a pro hac vice basis. I know some of you showed some concern about his ability to represent the County being a California Attorney, but we do have a procedure in law, pro hac vice, where we can bring in attorneys from out of State who have more knowledge and more experience than we might have. This is a very helpful process to bring these experience and knowledgeable attorneys into our cases. I would just like to spend a moment telling you about one case where I brought Mr. Schey into one of my cases, pro hac vice, and that was a case against the State of Hawai`i, Department of Health discrimination case. We successfully represented our client and obtained a significant monetary award, but that was not enough for Mr. Schey. Mr. Schey said it was not enough just to receive money in this case. We needed to remedy the damage that had been done by revising the policies and procedures of the Department of Health. He took it a step further. Most attorneys I know would take the money and run, but not Mr. Schey. He said, "We will collaborate with the State of Hawai`i and work with them to rewrite their rules and ensure that the damage that was inflicted on our client will never happen again." That is the type of Attorney he is. We understand that the Mayor has vetoed the Bill based on his assumption that the Ordinance would preempt... Ms. Fountain-Tanigawa: Three (3) minutes. Chair Furfaro: Go ahead and summarize, please. Ms. Tico: In summary, Mr. Schey, myself, and other experienced litigators believe that the Ordinance will withstand legal scrutiny and our future generations will thank us for that. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Paul Achitoff, followed by Phyllis Miyake. PAUL ACHITOFF: Aloha Chair Furfaro and Councilmembers. My name is Paul Achitoff. I am an Attorney with Earthjustice in Honolulu. I am testifying in support of overriding the Mayor's veto. I have now submitted three (3) separate, detailed legal analyses to the Council supporting the legality of Bill No. 2491. Most recently this week, my testimony specifically responds to the SPECIAL COUNCIL MEETING 6 NOVEMBER 14, 2013 legal issues that the Mayor cited in his veto announcement; the Right to Farm Act, preemption issues, and the separation of powers issues. I refer any of you who might be interested in the analysis to my written testimony, which you should have. Otherwise, I am here to assure the Council that I have thoroughly read the County Attorney's analysis that was made public at the time of the veto. It is my firm belief that the Council has been poorly served by being given a legal opinion that essentially amounts to the industry's legal arguments rather than an objective legal analysis, which is why it has been necessary for people like me and others to keep giving the Council legal analyses. I already have clients who are ready, willing, and able to take the County's side in court to defend the Bill if you override the veto and industry sues. I am confident that the Bill will withstand legal challenge, so there is no reason for your vote to reflect concern about the industry's intimidation campaign. The people of Kaua`i, as you have heard, are begging you to help them. They need your help. The law allows you to help them and I urge you not to refuse them that help just because a well-heeled industry threatens to sue. You can, and I urge you, to vote to override the Mayor's veto with the confidence that the law is on the side of the Bill and the people of Kauai. Thank you. Chair Furfaro: Thank you, Paul. Ms. Fountain-Tanigawa: The next speaker is Phyllis Miyake. Chair Furfaro: Is Phyllis the last speaker under the Public Comment period? Ms. Fountain-Tanigawa: Yes, under the Public Comment period, she is the last speaker. Chair Furfaro: Thank you. Good morning, Phyllis. PHYLLIS MIYAKE: Aloha. I am of this aina. In 2010, the pain got worse. Vicodin was not able to take it away. My husband was taken to Honolulu to Queen's Hospital by my son. There, they found in the back of the heart, the cancer clinging onto one of the main arteries. It was third stage cancer. They told us told us that December is all I had left of my husband. It was bad. While nursing him, three (3) months later, I went to Queens again for two (2) biopsies. The mammogram here on Kauai was insufficient. Mastectomy on the left breast. Three (3) months later, my Obstetrics and Gynecologist (OB/GYN) said that I needed to be tested again. My ovaries had cancer. While in there, they found the uterus and there was cancer, so I got overhauled. They took everything. Prior to that, my fourteen (14) year old had testicular cancer. My mother-in-law had breast cancer on both sides. We lived at 46-4365 Menehune Road in Waimea. The bed we slept on, there was all this dust. There was a lot of dust on the walls. We breathed that. The water we drank was not of the pipes because it was not drinkable and it is not still drinkable, so we brought in Menehune Water so we can drink water, but you can cook only so much with that. This is my story. You want to see scars. It starts from under the arm to the middle of the chest. Shame on you. This is my story and I leave it with all of you. Chair Furfaro: That was our last speaker for the three (3) minute public comment period. I will go ahead and extend public testimony at this time. I want to remind everybody that if you want to testify, please sign-up before 10:30 a.m. this morning. Mr. Bynum. SPECIAL COUNCIL MEETING 7 NOVEMBER 14, 2013 Mr. Bynum: At what point are Councilmembers going to be allowed to make a statement? Chair Furfaro: After we take testimony. Mr. Bynum: Okay. Thank you. Chair Furfaro: Who is our first speaker? Ms. Fountain-Tanigawa: Our first speaker is Stephanie Iona. STEPHANIE IONA: Good morning Council Chair and Councilmembers. My name is Stephanie Iona. I am born and raised in Hawaii. I am a resident of Waimea. I would just like to humbly ask you to sustain the Mayor's veto. It is the right thing to do. As far as this Bill, when you hear all of these different testimonies, I always feel— please forgive me. I need to look down because I wanted to come here today with a humble heart for everybody who has an opinion and to respect that opinion. I can tell you that in the sixty-four (64) years I have been on this Earth, I am very proud of who I am, and of my father and my mother. I approach this facility today with all honor and respect as I try to respect everyone. For the first time in my sixty-four (64) years of life, I am being told I am an angel of the devil. I hope my husband is not hearing this. My father would not be proud of me. I am a great granddaughter of a Halemanu, island of Maui. My brother was an Olympic swimmer. We served our island well. My father was a decorated Police Officer who spent the last six (6) years of his life in a facility because he was hit by an ambulance. I watched him die slowly. I understand cancer. My mother died. My grandmother died. Nobody can tell me that I am not a keiki o ka ■ ina and that I am an angel of the devil. I knew that I could enter heaven on Earth because I will tell you that when I took care of every family member that I had who died, it was me at the age of third grade when I took care of my father. I used to tell everybody that God himself is going to meet me at the pearly gates for what I did in my life. I always tried to be a good person. There are people in this room that I have worked with and honored to work with. I understand the sadness of this island and the aloha that we all have for each other. I like to look beyond all of that, but I ask you to please consider what is right and let the people do what is right and to truly support the Mayor and the Governor. I would hate to see anyone having to spend more money in an area that should not be. It belongs with the State and our Governor. I said that from the beginning and I say it now. I say it as everybody that is out there singing your songs that you are singing my life and my culture that I am very proud of because I am the child of my father who was a Police Officer and my brother who was an Olympic swimmer and was under Duke Kahanamoku. I say that with love and aloha. Thank you very much. Chair Furfaro: Thank you. The next speaker, please. Ms. Fountain-Tanigawa: The next speaker is Sala Taala. SALA TAALA: Good morning County Council. My name is Sala Taala. I am from Waimea Valley. I was born and raised there for thirty (30) years. I am here today to ask you to please overturn the veto of the Mayor. This is such an important issue for all of us. For the workers of the seed companies, our families in the valley, and everyone on this island; we need to know. We have so many families out there that are sick and doctors are chalking it up to nothing. SPECIAL COUNCIL MEETING 8 NOVEMBER 14, 2013 They know why. Of course they know why, they are our doctors, but we need to know why. We need to know. The only answer to knowing is disclosure. We need to know what is being sprayed. We need to know how many times they spray. I have sick kids at home. My son comes home every other week sent home from school because he has headaches or he has massive stomach aches that are so bad that he falls asleep in class. Our pediatrician does not know what is going on. I am telling you that the only answer to this is disclosure. We need to know. Please do not be afraid to overturn this veto because we are here; Kaua`i, Waimea, west side, and eastside. We are here supporting you on this. I believe we do have a right to know what is making us sick and this disclosure is the key. If not, we can tie all of these things in if this is what is found or we can exclude the companies. The thing is that we are going to know what is going on. I am also a fourth generation taro farmer in the valley of Waimea. Pesticides being sprayed and coming down on our fields— we do not know what is contaminating our food source. We do not know what is contaminating our rivers, but we do know that the reefs are dying and the river is dying. We do know that much. Disclosure is the key to linking two (2) and two (2) together. I humbly ask to you overturn this veto because I believe our health is at risk. My children's health are at risks. I am tired of wondering why so many people have allergies, asthma, and cancer, and no one has the answer. This is our answer; a chance to know. Please overturn this veto. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Sylvia Wu, followed by Kaulana Poe. SYLVIA WU: Good morning Council Chair and Councilmembers. My name is Sylvia Wu. I am from the San Francisco Office of the Center for Food Safety where I am an Environmental Attorney working on the very same issues that are at the heart of this Bill. The Center for Food Safety is a public interest nationwide organization with three hundred sixty thousand (360,000) members nationwide, including thousands of residents around the islands of Hawai`i, and hundreds right here on Kaua`i. For the past fifteen (15) years, the Center has been dedicated to protecting the environment and the people from toxic effects of pesticide use and the cultivation of genetically engineered crops. When necessary, we have gone to court to litigate over these very harms. We have also been a key architect behind numerous state and local legislative efforts to address these harms from whether it is a Bill aimed at protecting the harm of genetically modified crops, pesticide use, or simply increasing transparency about genetically engineered products. As you guys know very well, the very same intentions lie behind the Bill that you are discussing here. I have traveled here today to ensure you in person the legality of this Bill and the importance of its passage. We, at the Center, have looked at this Bill. I, myself, have personally looked at this Bill before its inception and through its many amendments. Time and time again, we have stated and found that based on our expertise in this area, the Bill is definitely in accordance with existing law and there is nothing in it that is not within your authority. In our opinion, any legal challenge to this Ordinance will fail because there is absolutely nothing in the Federal laws or Hawai`i State laws, or any voluntary agreements or measures that preempts this Bill expressly or implicitly. That is why the Center for Food Safety, along with Earthjustice, whom you heard from earlier this morning, are ready to take on this case on a pro bono basis, working on the County's side for free and representing the residents of Kaua`i and our other allies here on this island. We are confident that any legal challenge to this Ordinance can and will be defeated. I want to finish by saying that... and you SPECIAL COUNCIL MEETING 9 NOVEMBER 14, 2013 know all of this, but this Bill is important. It will protect the residents here. You have heard from your people. I think Chairman Furfaro mentioned earlier that you guys have been protecting the values of this County and this building for one hundred (100) years. A month ago, you made the right decision and passed this Bill. Nothing has changed that will challenge its legality. Therefore, I urge you to vote to overturn the veto. Thank you. Chair Furfaro: Thank you. We have a question for you. Councilmember Yukimura, you have the floor. Ms. Yukimura: Ms. Wu, thank you for being here. You have mentioned that there is nothing in the Bill that would create problems in terms of Federal preemption, but what about State preemption? Have you looked at that issue? Ms. Wu: Yes. We looked at both Federal and State preemption issues and it is our conclusion that there is nothing in Hawai`i's pesticide laws that talks to the types of measures that this Bill discusses. There is also no expressed preemption measure in the language of Chapter 149A. Therefore, there are no preemption issues from both the Federal and State level. Ms. Yukimura: You do not think that a comprehensive system of regulation for pesticides will be found? Ms. Wu: No, I do not think so. In fact, based on our legal analysis, testimonies, and legal briefs that were submitted by Earthjustice that you have before you; to the contrary, numerous courts have found similar state pesticide schemes to not preempt local measures to protect its residents. Ms. Yukimura: But this will be a Hawai`i Supreme Court decision based on Hawai`i laws, right? Ms. Wu: Yes, but we are looking at court precedence in other courts very similar to the language of the Hawai`i pesticide laws. Therefore, we think it will survive in court. Ms. Yukimura: Thank you. Mr. Rapozo: I have a question. Chair Furfaro: Mr. Rapozo, you have the floor. Mr. Rapozo: Thank you, Mr. Chair. Thank you for coming all the way from San Francisco. Ms. Wu: It is an honor. Mr. Rapozo: We met with some nice, cool weather. You mentioned testimony and looking at the Bill, but in your analysis, have you come across a situation where a medical professional had requested information from the companies pertaining to a patient and was refused? Ms. Wu: No, I have not, but that is not to say that such incidents do not exist. The problem with looking at court cases is of course SPECIAL COUNCIL MEETING 10 NOVEMBER 14, 2013 that many situations go on day-by-day that do not get reported and does not arise to the finality of the court opinion. Mr. Rapozo: I want to ask you because I would suspect you folks have done a thorough analysis. I did not want to ask a mother of a sick child because they would not know. We hear a lot of complaints about them needing disclosure and the doctors needing disclosure. I have asked several people personally that I know, but I do not know of a situation where that has ever occurred where the doctor or the hospital made an inquiry because of the symptoms of an ill patient or made an inquiry based on the symptoms and was refused. I think that is the question. Ms. Wu: Well, I will respectfully say that the mother of the sick child who has the sick child's interest at heart is probably the best person to ask that very same question. Also, I will say that there nothing that I know of that prevents the companies from refusing to offer that help or refusing to provide that information. It would be completely voluntary. I can also say that based on my experience in my line of work, voluntary measures; unfortunately, with the industry that all your residents are up against, it is simply insufficient. Mr. Rapozo: Thank you. Chair Furfaro: We have no other questions for you. Thank you for your testimony. Ms. Fountain-Tanigawa: The next speaker is Kaulana Poe, followed by Carol Warden. KAULANA POE: Good morning. Aloha, my name is Kaulana Poe. I am a resident of the west side of Hanapepe Heights. The reason why I am here is because we need to bring back aloha and respect for both sides. Whatever we are arguing about and calling people names, we have to stop that. We have to respect each other. That is why we are here. With aloha and respect is why I am for this Bill and for the override because disclosure and buffer zones is respecting us as citizens, community members, and residents of Kaua`i to know what is going on in our backyards and what is happening. If there is nothing wrong, then right on because I have friends who work for them. I feel like they are being disrespectful by threatening them of losing their jobs if this Bill passes. I do not see how disclosure or buffer zones would make them lose their jobs. Aloha for our keiki. They have gotten sick. We would like to make sure that it is not because of them. That is just real simple and showing aloha and respect for us. That is all we are asking, really, is when it comes down to this. They are threatening their workers and threatening our County that they are going to sue us, but we have got your guys backs. We have the attorneys already here saying that they will do it for free. You guys have passed the Bill once. We know it is the right thing to do. We need to know what is happening out there to protect our aina, our keiki, and all of our natural resources. It is pretty simple. The Bill is simple. I really do not know how it is going to affect them that much. If the disclosure does, maybe change their farming methods. I am all here for the agriculture. We should be providing food for our families and jobs. It is simple. All I have got to say is bring back the respect and aloha and have respect for us and our community. Thank you guys for doing what you guys are doing because you guys are in the hot seat and you have a big kuleana, but all of our mana is behind you all the way. Mahalo nut. SPECIAL COUNCIL MEETING 11 NOVEMBER 14, 2013 Chair Furfaro: Thank you, Kaulana. Ms. Fountain-Tanigawa: The next speaker is Carol Warden, followed by Carol Hart. CAROL WARDEN: Good morning County Council and Chair Furfaro. I feel like I have to read this because my senior moments are coming closer and closer together. First, I would like to add my gratitude to all of you and for the westsiders for the time and effort that you have put into this Bill and issue and passing Bill No. 2491 by an overwhelming 6:1 vote. I feel like I know each of you intimately from Channel 53 Government Access and I must say that I have never been so engrossed in County affairs before. It is the best reality show around. I notice that Councilmember Kagawa always mentions the good times and life he had in Waimea when he lived there. Ross, it is not the same Waimea. The year you got out of dodge, my husband and I bought a house there in 2003 and we did not know anything about the seed companies. I lived a healthy and active life for sixty-five (65) years on O`ahu before retiring and moving in with my husband to Kaua`i in 1998. We lived in Kalaheo until September 2003 and after moving into our new home, I contracted pneumonia in 2006 which left me with serious heart issues while I watched my five (5) Italian Spruces, which were eight (8) feet high, systematically start to turn brown and die all at once. My uncle was a luna when I was young and we lived in `Ewa Plantation near the mill. Now, I am talking to Ross because of the sugarcane companies. We went into the fields when they were burning, and bathed and swam in the ditches and reservoirs. We knew it was not legal, but we did it anyway. It led us into the field and cut stalks of cane and peeled them right there with our teeth. The only thing we had to fear was getting caught and cane spiders, which did not have much respect for whatever pesticides that were supposed to be growing there. Can kids do that today? Proposals for Waimea have been brought to the table such as a sports complex, walking and bike path like the east side, et cetera. Have you all thought about this? We always think about what is good for the business and the economy, but when are we going to think about the people and the children? To have the above, one would have to breathe and not be sprayed by drift during competitive games. Waimea is named "the Talking Town" as tourists walk around the town and read the signs of its history, but soon we will have to change its sign to read "Waimea the Toxic Town." Eventually, even the tourists will not want to come here. If you get greedy, you end up with nothing. Who are these people that fight so hard to withhold from the present and future generations, the kind of life they themselves enjoyed? It gets worse with every generation and I applaud the County Council for being the good stewards that they are and leading us back to a healthier lifestyle. Sit down at a table to mediate sounds good in theory, but what have we to bargain with? It is a subject of health versus wealth. How can we compromise health for what they want, which is wealth? When is enough, enough? How do these agro companies wiggle their way into communities? Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Warden: My goodness gracious, is it over already? Chair Furfaro: Yes. Please summarize. Ms. Warden: In summary, I refuse to believe that the dust borne pesticides from drift in the air are in the pyramid of our basic food group; however, sadly, it is probably an indication that the pesticides have already entered our food chain. Please take the leadership and take the helm like you did the first SPECIAL COUNCIL MEETING 12 NOVEMBER 14, 2013 time. If we are dedicated enough for the right reasons under your leadership, the seas may just part. Thank you all for your support during this whole thing. Chair Furfaro: Carol, we have a question for you. Councilmember Yukimura, go ahead. Ms. Yukimura: Ms. Warden, thank you very much for coming for both compelling and entertaining testimony. I just wanted to ask if you could submit your written testimony. Ms. Warden: Well, how nice of you. Thank you, I will. Ms. Yukimura: Since we did not get to hear it all. Thank you. Chair Furfaro: Thank you, Carol. Ms. Fountain-Tanigawa: Chair, the next speaker is Carol Hart, followed by Bryce Boeder. CAROL HART: Aloha, nice to see you all. My name is Carol Hart. I am a resident of Kekaha and I have lived out there for twenty-two (22) years. I am a Healthcare Practitioner and a business owner. I want to thank you all for your diligence and for voting to pass this Bill. I am testifying in favor of overriding the veto of Mayor Carvalho. My husband and I moved to Kekaha just before Iniki and we were both very healthy people. We have been very active in the community, giving back a lot, and we do that because we are inspired by the community. I love the west side. There is nowhere else I would rather live. My husband has started coughing again. He is a mesothelioma survivor, thirty (30) years healthy. Many of you know him. He is coughing again. My sinuses are inflamed. My dear friend and business partner, Dr. Jane Ely, had to leave the island. She lived in Waimea Valley and part of the lawsuit. She was very sick with bronchial problems and skin problems. She lived on Menehune Road and her dog was sick all of the time. She moved to the mainland and got better immediately. She came back in October to visit and teach for a month. One (1) week after staying with us, she had the same symptoms in Kekaha. There are fields just mauka from my neighborhood, right behind Ni`ihau School and behind Kekaha Elementary School right now— cornfields. Waimea is not the only ground zero. My husband and I— we do not want to leave the west side, but we have to look at that possibility if things do not change very quickly. It is not worth it to get sick. It is worth it to stand up and fight. I appreciate every one of you and I really pray that you override this veto for the people of Kauai, especially the west side; however, they are in Lihu`e now and they are heading that way. Mahalo. Chair Furfaro: Thank you. Next speaker, please. Ms. Fountain-Tanigawa: The next speaker is Bryce Boeder, followed by Josh Mori. BRYCE BOEDER: For the record, I am Bryce Boeder. Thank you for this opportunity. I know you guys have been listening to thousands of hours and this must be exhausting, so I am going to try not to repeat something that somebody else has already said. I am born and raised on Kaua`i on the west side, Kekaha. I have been living there all of my life other than college. I currently reside SPECIAL COUNCIL MEETING 13 NOVEMBER 14, 2013 in Waimea on Menehune Road. I want to tell you that what I have been seeing on the west side since I have been there all my life. What I have been seeing is a desertification of the west side due to petrochemical and mono-cropping, which is already changing how the west side is. I have seen what little trees that are left in Mana being bulldozed on a weekly basis to clear more fields for genetically modified organisms (GMO) crops. I have seen the Waimea River dried up because they are diverting millions of gallons of water a day and dumping it aside the cliff. I have personally seen this stuff. I have noticed massive expansion of these fields further south and east. At my old house, I used to live right by the Waimea Bridge across the street from Pioneer Research. Everyday about five `o clock, you look towards these trees that are right on the river and you used to see thousands of egrets squawking and flying through the air. The sky used to be white. Now there is nothing; they are all dead. My house used to be covered in red dust every day. In the morning, you clean it and when you come home from work, your hand is red again from all of the dust. Anybody who knows me knows that I am very healthy and I have developed sinus issues ever since moving to Waimea. It was so bad that there a tumor that grew in my maxillary sinus. None of the doctors can find out what it is, so I had to go to a specialist in O`ahu and she said it was environmental; something that has been in the air. To me, this Bill is just about respecting us. It is kind of common sense. We have to know what is going on with our communities. It is real. I have friends in the seed companies who I personally talk to. They are my good friends. I grew up with them. They tell me that the way the Bill is written now, their own companies told them... Syngenta told them that they are not going to lose their jobs, so I do not know what this is about. I think what this is about is they not wanting other communities to be empowered like how we are being empowered, but that is wrong. This is our right. Please vote to override the Mayor's veto and pass Bill No. 2491. Thank you. Chair Furfaro: We have two (2) questions for you. Councilwoman Yukimura, I am going to ask you if I can recognize Ross, first. Mr. Kagawa, you have the floor. Mr. Kagawa: Mahalo, Bryce. Are you in the class action lawsuit? Mr. Boeder: I am not in that one. Mr. Kagawa: Do you have family that is on it? Mr. Boeder: It depends what you consider family. I have cousins on it... not immediate though. Mr. Kagawa: I have had numerous conversations with Klayton Kubo, the originator of the class action lawsuit list. He told me that they are getting disclosure know as far as what they are spraying and when they are spraying. I think all of the people on the class action lawsuit are getting that now. If you could maybe tie that in with your physician and try and see if there is any particular one that might be— that is where I think we need to head, which is to find out what is really creating the health problems out there? Mr. Boeder: Yes, that is why we need this information. I do not honestly trust what they are giving the guys in the lawsuit, too. SPECIAL COUNCIL MEETING 14 NOVEMBER 14, 2013 Mr. Kagawa: As far as I talked to Klayton, he seems to think that they are getting whatever they are using like the full disclosure, but just the people on the lawsuit, not Syngenta you and not people in Kekaha. He is saying that the people on the lawsuit are getting this information. I see some people shaking their heads, but the thing that he is concerned with is the seed companies following the rules of the label and what have you. He says he has seen them spraying on windy days. Mr. Boeder: I have seen them, too. Mr. Kagawa: I think that is the discrepancy. The disclosure for the residents... I believe they can get it from the people of the lawsuit for the Waimea Menehune Road residents. Thank you. Chair Furfaro: Councilmember Yukimura, you have the floor. Ms. Yukimura: Thank you very much for your testimony. Others have talked about the egrets and I just wondered if you have seen the dead egrets or is it just that they are not on the trees anymore, and you are assuming that they died, which I think is a logical assumption. Mr. Boeder: Yes, they are literally right next to the field. Ms. Yukimura: Do you see dead bodies? Mr. Boeder: The trees are along the river, so I have not seen it now. One day, I just noticed and wondered where all the egrets went. That made me really think. Ms. Yukimura: Right. I get it. Thank you very much. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Josh Mori, followed by Megan Palama. Chair Furfaro: As Josh comes up, I want to announce one more time that I am asking people who plan to testify today to sign up with my Staff because we have a single agenda item. Thank you. JOSH MORI: Good morning. My name is Josh Mori. I am here to read the testimony of a good brother who could not make it because he is at work today. These are his words, "Mahalo Councilmembers for listening to the cries of people of Kaua`i and passing Bill No. 2491. My name is Ku`i Palama. My genealogy originates from the valley of Hanapepe, Kalaheo, Wahiawa, and Waimea. For hundreds of generations, my ohana has relied on these land's natural resources for sustenance as fishermen, hunters, and kalo farmers. I humbly share this manc o on behalf of those who came before me and those that are to come. I would like it recite the first law of Hawai`i, "Mamala Hoe Kanawai." "E na kanaka, e na malama `oukou i ke akua, a e malama ho`i, ke kanaka nui, a me kanaka `ike, e hele ka elemakule, ka luahine, a me ke kama a moe i ke ala a ohe mea nana e ho opilikia. Hewa no make. Law of the Splintered Paddle. Oh people, honor thy god, respect alike the rights of people great and humble, may everyone, from the old men and SPECIAL COUNCIL MEETING 15 NOVEMBER 14, 2013 women to the children be free to go forth to lay in the road without fear of harm. Break this law, and die." "Hawai`i State Constitution, Public Safety, Article 9, Section 10: the Law of the Splintered Paddle, Mamala Hoe Kanawai, decreed by Kamehameha I. Let every elderly person, woman and child lay by the roadside in safety, shall be a unique and living symbol of the State's concern for public safety. The State shall have the power to provide for the safety of the people from crimes against persons and property. Right now, we cannot even lie in our own homes without fear of harm. The State of Hawai`i has not upheld their constitution to provide for the safety of the people. It is our kuleana to take action to prevent that harm. Council, `onipa a. Be firm in your decision on passing Bill No. 2491 and please override the Mayor's veto." Mahalo. Chair Furfaro: Josh, we have a question for you. Ms. Yukimura: I just wanted to ask if you could share the written testimony with us. Mr. Mori: Ae. Ms. Yukimura: Thank you. Chair Furfaro: The written testimony, the rules of Namolokama are well-documented in parts of the State Constitution, but we would certainly like the Law of the Splintered Paddle. Ms. Fountain-Tanigawa: Chair, the next speaker is Megan Palama, followed by Samuel Shaw. MEGAN PALAMA: Aloha Councilmembers. My name is Megan Palama and I am a resident of Kalaheo. I would like to start by saying mahalo to all of you for all of the time that you have put into this. I also do want to start before my testimony and tell you about what I just heard from Uncle John Aana. What is being disclosed is when they are spraying, but not what they are spraying. He has also said that he has seen many dead doves in the Waimea area. I am here today representing my ohana like my husband Keola Palama and our keiki; my sister, Tara Palama, who is also a teacher in the Waimea and Kekaha area; Ku`i Palama and Shanelle Santos, who are residents of Waimea Valley; and Desiree and Kauila Palama, who are also residents of Kalaheo. We depend heavily on west side land as many ohana are hunters, fishermen, and kalo farmers, as well as salt makers. We are very concerned about the future of the land that our keiki will inherit. The continued high volume use of restricted use pesticides (RUP) on our soil will have a devastating impact on our land, and this could adversely affect the future of our keiki and their ability and their right to provide for our `ohana. I feel that the testimony support and letters provided by our islands physicians and nurses speaks volumes. My children and I suffer from chronic allergies. My son has asthma and Attention Deficit Hyperactivity Disorder (ADHD). My daughter, who is four (4) years old, has a number of undiagnosed congenital medical issues. We have spent so much of our time traveling from O`ahu to California to seek out assistance from specialists, and still we do not have any answers. We do not know what has caused these issues, but I feel that this Bill will start us on right path to know what is going on. To hear that very well-respected and dedicated doctors in Waimea are concerned about the increasing cases of congenital heart defects is alarming— ten (10) times the national average. This cannot be ignored any longer. We need to make sure that our island's doctors have the tools they need to do their SPECIAL COUNCIL MEETING 16 NOVEMBER 14, 2013 job to properly diagnosis the many medical ailments that are currently not able to, simply because they do not know what their patients are being exposed to. Something must be done now. Our keiki deserve better than this and we will not be suffocated by greed and deceit. We will not go away. We will fight. Our keiki deserve this and the future of our land. As a mother, I urge you to do what is right for the people of Kaua`i, our keiki, and our kupuna. Override this veto and please pass this Bill. Mahalo. Chair Furfaro: Thank you very much. You have a question from Councilmember Yukimura. Ms. Yukimura: Thank you very much. You said you live in Kalaheo? Ms. Palama: Yes. Ms. Yukimura: Are you close to fields that are being sprayed? Ms. Palama: I live at Kakela Makai, which is an ocean view subdivision bordering the coffee fields, Kaua`i Coffee. My family has kalo farms in Hanapepe. Our family hunts in Waimea Valley. We spend tons of time out there. Ms. Yukimura: I understand that. I just was concerned about your particular family's undiagnosed health issues. I just wondered how close you were living to fields. Ms. Palama: Yes. While I was pregnant with my daughter, we actually do spend a ton of time in the Kaua`i Coffee fields as we go down to the beaches that are down there in that area. We also spend a lot of time in Hanapepe Valley and Waimea Valley also. Ms. Yukimura: Okay. Thank you. Ms. Palama: Mahalo. Chair Furfaro: Thank you. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Samuel Shaw, followed by Oriana Kalama. Chair Furfaro: I have a little housekeeping correction here. The law that was referenced, "Mamala Hoe," is the mountain next to Namolokama. SAMUEL SHAW: Good morning, Council. My name is Samuel Morgan Shaw and I live and own a business in Hanapepe called "Kulture Tattoo." I have been there for the last three (3) years and I have tattooed on the island for the past twenty (20) years. My industry is regulated and licensed by the Department of Health. The laws are voted on and designed to protect the community at-large. Every year, I pay out of pocket for license fees, medical physicals, and blood work. When my industry changes its laws, I always have to adapt with them. I am inspected yearly by the Department of Health and I must disclose everything that I do to ensure that all equipment is sterilized, and the methods that I use for SPECIAL COUNCIL MEETING 17 NOVEMBER 14, 2013 tattooing ensures safety for the community. As public safety is the main concern, there are protocols that I can follow. I cannot just voluntary state that my equipment is up to date and sterile. That is not efficient enough. I am demanded and required by law to show that they are sterilized and cannot just give just my word. This is illegal and unethical if I do so. It is called "disclosure." I wonder why big agricultural companies cannot disclose what they are spraying. It has been stated by them that it is because of the industry and the competiveness. I do not think that trade secrets are more important than the health of our community. Even though the laws on chemical use are mandated at State and Federal levels, there has never to my knowledge been a study that puts these laws in the presence of a unique environment in our community. All the laws that have been studied as far as chemical use are based on mainland laws and the mainland environment. I have to ask what kind of Country we are living in when we are denied the "right to know?" I hope that the County and those in favor of a veto reconsider this and put the community first. We as a community have the opportunity to set a precedent in the way we look out for our community and our environment. I believe Bill No. 2491 is a positive step and I ask you to please override the Mayor's veto. Thank you. Chair Furfaro: Thank you very much. Ms. Fountain-Tanigawa: The next speaker is Oriana Kalama, followed by Tyler Jeffries. Chair Furfaro: Oriana, please give me a moment for a housekeeping item. We are fifteen (15) minutes away from 10:30 a.m. for sign-ups. Please reconfirm that with the Staff downstairs. Thank you for giving me that moment. You have the floor. ORIANA KALAMA: Good morning Council. Thank you for giving me the opportunity to speak today. My testimony is on behalf of Bill No. 2491. We are asking the Councilmembers to override Mayor Carvalho's veto. My name is Oriana Kalama. I have been a Maui resident since 1991. I have two (2) children of Hawaiian descent who I adore, and I am also the President and founder of a Maui grassroots nonprofit organization. We are the Ocean Defender Foundation. Today, I would like to speak on behalf of myself, our team, and our supporters. We have sixteen (16) chapters worldwide. We reach about nine hundred thousand (900,000) viewers every day. We have one hundred ninety thousand (190,000) subscribers. From the subscribers, less than five percent (5%) are from Hawai`i. The rest are from all over the world. Let me tell you that their dream is to come to Hawai`i. They want to come here to swim in our ocean, look at our sacred mountains, eat our exotic fruits, and smell our flowers. Right now, they are scared. They are scared of coming here because they know that we have become the GMO capital of the world. We are ground zero and the world knows it. Our organization does not feel comfortable encouraging our supporters to visit or swim in several areas of our coastline statewide, especially here on Kauai. We feel that the presence of the biotech companies established on our islands is threatening the number one (1) source income for our State. Our tourism industry is at risk. To add to our misfortune, Hawaii is considered the endangered species capital of the world. This is a fact that twenty-five percent (25%) of endangered species that are on the list come from Hawaii. I have been coming here since May of this year to team up with Marine Biologist Terry Lilley and help him document and spread awareness on the fastest growing reef epidemic on Earth. Kaua`i owns the fastest growing reef epidemic on Earth. We would like to know what is causing this. The disease was SPECIAL COUNCIL MEETING 18 NOVEMBER 14, 2013 discovered by Professor Greta Abey in the waters of Kaneohe. It was declared an epidemic by (Inaudible), who works for the United States Geological Survey (USGS) National Wildlife Health Center. The disease was found two (2) years ago by Terry Lilley, who has been reporting and documenting the disease. This disease grows at a rate of four (4) inches a week. Entire four hundred (400) year old coral colonies are dead within a month. The mysterious disease is caused by a cyanobacterial infection and the causes are still unknown. Just so you know, cyanobacteria is the oldest bacteria on this planet at approximately three point five million (3,500,000) years old. An unusual large amount of sediment is present on the two (2) affected areas and this is known to adversely affect coral in other areas. However, what role the sediment has on other land-based pollutions has in driving this disease remains unclear. Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Kalama: My goodness. Chair Furfaro: Can you please summarize? Ms. Kalama: Well, the reef epidemic is devastating the reef, right? We do not know what is causing it, but there is something present in the ocean waters of Kaua`i that is altering the behavior of one of the oldest bacteria on Earth. We have taken sediment samples of affected reefs in the areas here which have been sent to test in America and be analyzed. Each of these tests cost two thousand nine hundred dollars ($2,900). Metals and chemicals are important for us to know, so we can fix this problem. Chair Furfaro: I have to share with you to please summarize. Ms. Kalama: This is it. We are poisoning our people. We are poisoning our land. Our oceans are dying and the biotech industry are killing our number one (1) source of income in Hawai`i. We have to do something about it. I have one more thing. I know you guys are busy. I have testified on Maui on behalf of the (inaudible) to protect the aquarium fish. I notice that you guys are so busy taking care of our islands that maybe you do not have time to go to the ocean, but I urge you to please grab a mask and snorkel and go to Hanalei to take your keiki and look at the reef. It is dying. Chair Furfaro: Okay. I am going to stop you right there. I want a copy of your testimony, please. Ms. Kalama: You sure can. Chair Furfaro: Can I send your testimony to the State Department of Land and Natural Resources (DLNR)? Ms. Kalama: Absolutely. Chair Furfaro: I will do that. Ms. Fountain-Tanigawa: The next speaker is Tyler Jeffries, followed by Tiana Laranio. SPECIAL COUNCIL MEETING 19 NOVEMBER 14, 2013 TYLER JEFFRIES: Good morning Councilmembers. I want to let you know that I am here for odd reasons. I was approached yesterday by a friend and asked if I was... Chair Furfaro: You need to state your name for the record. Mr. Jeffries: I am sorry. My name is Tyler Jeffries. I was born and raised on Kaua`i. I am twenty-eight (28) years old and have been here my whole life. I am here for odd enough reasons. I was approached by a friend yesterday and asked if I wanted to make some money. I am kind of down on my luck right now looking for work and said yes. He said to come down to the County Building and hold a spot in line. I said sure. I came down here and did not realize who and what was going on and what the Bill was and the political side of it. Once I kind of figured out what was going on, my moral compass changed because I have not been to any one of these meetings or any one of these sessions, but I have known what is going on. With myself being a born and raised resident of Kaua`i, I know where my heart stands. I watched my dad die of cancer at forty-five (45) years old. I was ten (10) years old. It could be from the same reasons that these pesticides today are killing people. I think disclosure should be used. It is so easy to label things and say what is in it. On that note, I did not get paid from these people because I turned around and moved back to my side of the people, my family, who are people that support this Bill. I am here on my own behalf now and that is it. Thank you very much. Chair Furfaro: These are my Chambers and I am sharing with you our rules. You may raise your hand silently and shake, but please, we have a lot to cover over the next couple of days and I would like to keep the decorum in this room. Thank you very much. Ms. Fountain-Tanigawa: The next speaker is Tiana Laranio, followed by Donovan Kanani Cabebe. TIANA LARANIO: Aloha Council. For the record, my name is Tiana Kaleookalani Laranio. I was born and raised here on Kaua`i. I grew up in Anahola on Hawaiian Homelands. I am a graduate of the University of Hawai`i at Hilo in Health and Physical Education and has been active in sports and the community in my life here on Kaua`i, as well as my family. I am very pro-health. I love life. I appreciate the ability for everyone to be able to thrive and be healthy to live in this world and be blessed to be stewards of this land the way we should. I do not come to you prepared. I do not come to you as an expert on any certain field, but I do listen to my na'au. I do come from a line that is rooted here in the land that we all have connection to. We are all connected to the land and we are all here together. I want to address our food, air, land, and our water. The bottom line is that it comes down to food security for me for our island. We are in the middle of the Pacific. Shall anything happen to us, we have more than ninety percent (90%) of our food shipped into the islands. That is no way to be sustainable and feed our community. Food is important. Soil is important. You do not have to be an expert to understand that if the soil does not have any nutrients, the plans that grow from that will not have any nutrients, and then the food we eat will not have nutrients. I know a lot of people are dealing with health and my own personal health. My own personal health is what jump started me into this movement and dealing with growing up in this society full of chemicals. I am third generation as well, family from plantations like Filipino and Chinese descendants. I am dealing with my own repercussions of the food I grew up eating and the chemicals that we have been • SPECIAL COUNCIL MEETING 20 NOVEMBER 14, 2013 exposed to, as well as my grandparents. I am here to petition other alternatives and solutions. You are hearing the cries of our community. My heart goes out to the families who are dealing with disease. We all are. We all have family members who are dealing with disease. It is addressing the issues like, "How do we take care of ourselves? How do we take care of our own bodies?" We do not know that question. Where do we get those nutrients from? If we are being comprised by the tons of pesticides that are being sprayed in our environment, how are we going to be able to grow healthy food and breathe air? Those are all the same things we have common thread in, which is clean food, clean air, and clean water. That is what our necessities are to survive and thrive on this land. If those things are being comprised by no control of us, we are just the neighbors, and we have no control in stopping what is being sprayed in our air and what we are breathing in and drinking in our waters unknowingly. It is upsetting and it feels really helpless when you have all of these cries for help and we do not know who to turn to and who to trust. This is coming out from our beings. It is life. It is the next generation. Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Laranio: It is my ability to even have that chance. I am worried about that because of my own health issues. Future generations— that is really the seventh generation, but it is all about our "actions in the now." I petition you to all listen and look within. The answers are there. There is overwhelming evidence and you feel that. Just look into yourselves and listen to your hearts. Mahalo. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Donovan Kanani Cabebe. Chair Furfaro: Before we go any further, the last three (3) speakers did not express to me so that I clearly understood. I would like to remind all of you that the issue at the table today that I would like to hear from you is if you support the override of the Mayor's veto or sustain the Mayor's veto? That is the agenda item. As long as I can hear from you when you wrap up of where you are at, that is the issue in front of us today. Sir, you have the floor. DONOVAN KANANI CABEBE: My name is Donovan Kanani Cabebe. I can trace my lineage to the very first canoes that landed on these shores from Tahiti, as well as to the inhabitance that the Tahitians discovered when they landed, which brought us the term "manahune." I am kanaka maoli. I am a Hawaiian National and we should know the facts of Hawai`i's political status— "illegally occupied." We are illegally occupied by the United States, the State, and County entities. The Hawaiian Nation still exists in continuity and it is sovereignty has never been relinquished. With that being said, it should also be known that you, including the County Attorney, could be held personally responsible as war criminals for the choices that you make should those choices bring harm to the kanaka maoli people and the Hawaiian National lands, and/or contribute to the "apartheid" situation, which exists in Hawai`i regarding the Hawaiian people, who should be in these seats that you now sit in. It is through this illegal occupation that you now hold these seats. The seats you sit in are intended to be the seats that represent the will of the people as it would be if the Hawaiians sat there. This community has chosen you to represent them as this community and this community has spoken. I am here to speak on behalf of the host culture and the SPECIAL COUNCIL MEETING 21 NOVEMBER 14, 2013 Nationals of the illegally occupied Nation of Hawai`i. We do not give our permission for these lands to be used for bioresearch and development or for any other reason that does not benefit the Hawaiian Nation, its people, or the world. The State of Hawai`i has always been here with the interest to control money, assets, and resources. The Governor has shown that he supports big-money interests in Hawai`i and it appears that our Mayor has sided with the Governor. The divide we see in this community was created by the biotech companies and not by the Bill. Because the people are awake and aware, the people want to know how this island is being used, that you represent them, and they want pono. The people want a pure, pristine Hawai`i for the generations to come. I not only urge you to override the veto, but I urge you to do it unanimously. I am disappointed that Nadine is not present. Mahalo nui loa. Aloha. Chair Furfaro: Thank you. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Ruby Staggers, followed by Hoku Cabebe. RUBY STAGGERS: Hi, my name is Ruby Staggers. I am in support of overriding the veto. I have a testimony on behalf of a Kekaha resident and here is what she wrote: "Aloha. I am a Kekaha resident. I have a four (4) year old daughter and a nine (9) month old son. As I type this E-mail, I can see a field of GMO crops out of my window. The drift of the tons of restricted use pesticides that are sprayed on the field that surround us has me terrified for my family's health. I also worry about what is the water we are drinking and what kind of illnesses could breathing in these pesticides and drinking this water cause? It is a scary thought. My daughter attends Kamehameha Preschool in Kaumakani, which is also surrounded by GMO fields. Are those fields being sprayed with restricted use pesticides while her friends and teachers are out on the playground? What is it that they are spraying on those fields? We have the right to know. What the biotech companies are doing is not pono. To have such blatant disregard for the lives and health of our Kaua`i residents, especially our keiki, is so disheartening. My family and I love this island and ask that you pass Bill No. 2491 to help protect the land, the water we are so dependent on, and the people who live here. Mahalo." Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Hoku Cabebe, followed by Nomi Carmona. HOKU CABEBE: Aloha kakou. Mahalo. `O wau `o Had. Mai Wainiha mai au. I am here on behalf of about fifty (50) westside fishermen. In the last thirty-six (36) hours, we went to the west side and gathered those signatures. Chair Furfaro: I am sorry. Hoku, did you introduce yourself by your Hawaiian language terminology? Ms. Cabebe: Yes. Chair Furfaro: I heard you saying you were from Wainiha in Hawaiian, but I did not hear your name. Ms. Cabebe: `O wau o Hail, "I am Hoku." SPECIAL COUNCIL MEETING 22 NOVEMBER 14, 2013 Chair Furfaro: Thank you. Ms. Cabebe: We collected fifty (50) signatures from the west side and this is fishermen, and I would like to read a letter on behalf of the fishermen from the west side. I am also very honored to do so. "Aloha, Councilmembers. We are fishermen and gatherers on the west side that dependent on the limu, crab, lobster, wana, `opihi, and fish such as Moi, Kala, Halalu, `Ama`ama, and `O`io to feed our families and supplement our livelihoods. Our shoreline and reefs are our refrigerators. They have been feeding our families since our ancestors first set foot on Kaua`i. Some of us also catch `O`opu in the Waimea estuaries where the baby `O`opu are born and where there is runoff from nearby agriculture lands. According to the labels on the restricted use pesticides, most of are dangerous to fish and wildlife, and they are restricted from being used near waterways. These labels do not address the effects of these chemicals or combinations of these chemicals on our local island reefs, wana, crabs, lobsters, `O`opu, and our shoreline fish. Every day, water that is potentially contaminated with pesticides enters the ocean at various west side ditches like Kinikini, Nohili, and the Waimea River. We need to know whether pesticide runoff is affecting the fish and reef populations that sustain us and we would like to know immediately. Knowing what chemicals are being used, when they are used, and how much is being used on agricultural lands is important to us. We need to know whether the waters can sustain continued fishing and gathering now and for future generations. That is why immediate discloser of chemicals used on west side agricultural land is important to fishermen. We are proud of your vote and urge you to stand by this approval for the health and safety of our children, wives, and families. Fishing has been a way of life for us, some of us for generations. Please protect the west side fishing ways by staying strong on your vote, 6:1. Mahalo." The fifty (50) signatures have been sent directly to the Council today. Mahalo nui loa. Chair Furfaro: Thank you, Hoku. Ms. Fountain-Tanigawa: The next speaker is Nomi Carmona, followed by Mimsy Bouret. NOMI CARMONA: Aloha, Kaua`i County Council. My name is Nomi Carmona. I am the President of a statewide political non-profit called "Babes Against Biotech." Thank you for having me back. This is a home rule issue and representing for thirteen (13,000) members, it is down to you. That is why the industry, the biotech chemical industry, which should be called "chemiculture," not "agriculture" and "haztech," not "biotech." They are engineering hazards to a very critical system that is already got a lot of endangered species and invasive species. It is very silly that we make such a fit of apples coming in from the mainland at the airport and we are allowing these guys to do five thousand (5,000) open air experiments statewide; genetic experiments. You look at other places that have open air testing and they have maybe five (5), ten (10), twenty-five (25) open air tests. Hawai`i has five thousand (5,000). It is an indication of a problem. You look at something like Senate Bill (SB) 727, which passed the Senate and went into the House, and the industry was lobbying to strike the County's right to protect its citizen's life and health because they want to prevent this because they know this is where the power lies, at the county level. We testified against it. We killed it on the House. Thank goodness or we could not even have this conversation. Why? There is two hundred twelve thousand dollars ($212,000) of GMO campaign funding at the State Senate and one hundred ninety-eight thousand nine hundred sixty-nine SPECIAL COUNCIL MEETING 23 NOVEMBER 14, 2013 dollars ($198,969) at the House. We need to override this veto. We must. I made a mistake saying that I will protect them. We must protect them... today... now. If we look at this word "pesticide," the Latin root of"cide" is "death." I have told you this before— pesticide, herbicide, fungicide, and insecticide. What we are begging for right now as this Bill has been watered down just like House Bill (HB) 673, which does not provide disclosure of anything new, does not provide buffer zones, and does not provide impact studies. We are begging to tell us about the death spray. That is what pesticide means... "cide" anything. We are begging to limit the "cide." We are begging for buffer zones for the "cide," which means "death." Let us get what these people are doing. Apicide— they are killing the bees with the sprays. We have many, many reasons because we need them to pollinate crops. We are the lead queen bee exporter worldwide. There are many reasons to do this. Chapter 149(A) does not provide the protections that we need. While we can certainly work together in the future, we need help now. The State is a long and arduous process and it is not going to go anywhere. I urge you to please override this veto for your people. The industry is applauding the Mayor's veto and applauding the voluntary regulations being put out by the Hawai`i Department of Agriculture run by Russell Kokubun. It has taken four thousand four hundred dollars ($4,400) since 2007 alone as a former elected official. You are going to tell me that with all of these things going on, GMO ground zero worldwide in Hawai`i, that you expect the State to take care of us. I do not. I know better. I know it is up to you, counting on you, and trust you. We need to clean house so we can do things at the State. In the meantime, we do not have statewide initiatives. We do not have the right to recall or impeach our State Senate or our Representatives, so things have "run amok." Please override the veto. Mahalo. Aloha. I love you guys. Thank you for all we do. You are way better than the State any day. I will take you. Ms. Fountain-Tanigawa: The next speaker is Mimsy Bouret, followed by Harvest Edmonds. MIMSY BOURET: Hi, Council. My name is Mimsy Bouret. Do you not love her? I am really in awe of all the young people here and their initiative and passion to protect what they love, and the lands that they were born into. I was asked to read a very brief letter from a woman who lives in Kekaha. She says, "I work from my home in Kekaha. One day I thought I smelled a gas leak. I went to my kitchen and nothing was on. The smell was so strong that I started to worry that I would pass out, so I went outside. To my surprise, the smell was worse outside. My first thought was to hold my breath, but then I realized that would be a very short solution. I got into my car and I shut the door. After a few calls to friends, family, and police, I was told that the police were looking into it. Within the hour, we heard both Kekaha School and St. Theresa School were reporting the same things. Why are we living like this? I am a business woman and I understand the cost effects of more legislation, but when you weigh the options for citizens to have a choice to know and just leave the area during spraying versus the panic and possible ill health effects of our community, it is a "no-brainer." I have read the Bill completely and I feel it is an excellent start to keep our families safe on the west side. Nowhere in the Bill is it trying to close down businesses. It just requires them to provide information for us to make decisions on our health and for our families. I do not understand why the big companies are so concerned about being transparent and allowing us to know what is being sprayed and released in our local environment." Thank you for letting me read that on behalf of a Kekaha resident. Thank you all for having the strength, fearlessness, and vision to pass the law last month. I totally believe that today, we will see a unity in our County Council that all of you who voted in the past for the Bill will continue to overturn SPECIAL COUNCIL MEETING 24 NOVEMBER 14, 2013 this veto and hold onto Bill No. 2491 and even improve it, if possible. I, too, hope this is unanimous because you as a group need to be unanimous to make this happen. Thank you so much for your consideration. Aloha. Chair Furfaro: Thank you, Mimsy. Ms. Fountain-Tanigawa: The next speaker is Harvest Edmonds, followed by Louisa Wooten. HARVEST EDMONDS: Aloha. My name is Harvest Edmonds. Aloha, Councilmembers and Council Chair. Thank you for letting me speak today. I have been asked to read a letter that was sent to the Mayor after his veto and this was sent by a doctor from Kaua`i Veterans Memorial Hospital (KVMH) on the west side. This is his letter: "Many doctors of the west side including Obstetricians and Pediatricians met with several Councilmembers during the course of deliberation over Bill No. 2491. We shared our experiences and concerns with them over rates of diseases, noticeable aberrations, and certain birth defects incidences and help them to understand the absolute need for disclosure in our ability to deliver better patient care. The people's voice and the medical community's voice must count when the County engages in lawmaking. To veto a Bill that has been vetted by professionals and our island would be to ignore the democratic and Council research process that has taken place thus far. The people and medical professionals of the west side have asked for help. The Council has given it in the form of Bill No. 2491. Now, I ask that you do the humanitarian an upright act of honoring this process and sign the Bill into law. As a doctor, father, husband, and a west side community member who lives near the agricultural fields and whose spouse and daughters also have health issues that may be affected by the application of pesticides near our home, I urge you to sign this frankly, minor disclosure Bill into law." I, also as Harvest Edmonds, ask you to please unanimously override this veto. Thank you. Chair Furfaro: Harvest, we have a question for you. Councilmember Yukimura, you have the floor. Ms. Yukimura: May I ask who the doctor is who wrote that letter? Ms. Edmonds: It is Rick Godding. Ms. Yukimura: Thank you very much. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Louisa Wooten, followed by Leeona Thompson. LOUISA WOOTEN: Hello, my name is Louisa Wooten. I am here because it is "o-day" for me; I am an optimist. I think we are going to have a 6:0 vote today, put it in overdrive, and override this veto. By the way, you can make mine organic. Thank you. Ms. Fountain-Tanigawa: The next speaker is Leeona Thompson, followed by Aria Castillo. SPECIAL COUNCIL MEETING 25 NOVEMBER 14, 2013 Chair Furfaro: Before Leeona speaks, I have asked them to collect to sign-up list. That was the last call downstairs. At 11:00 a.m., we will be taking a break. Thank you. You have the floor now. LEEONA THOMPSON: Hi, my name is Leeona Thompson. I am a Kalaheo resident. I just come to urge you folks to please override the veto. We have all sat through hours of this testimony and you have all practical slept with us, some of you Councilmembers. I know that. We have already been through this. It was already 6:1. Mel, I understand if you do not vote but everybody else, vote the same way, let us get this passed, and let us please move forward. Let us get this done. I appreciate your time and all of your effort with this. I know it has been hard for you guys. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Aria Castillo, followed by Marghee Maupin. ARIA CASTILLO: Good morning. My name is Aria Castillo. I am a resident of Kalaheo. I wanted to share some words that my friend submitted. She lives in Waimea. "I was born at KVMH, raised in Waimea Valley, and still live there to this present day. My family and I have been raising taro in the Makaweli Valley for generations. The traditions have been passed down from my great- grandfather to my father and mother, to my siblings and I, and down to our children, and so forth. I have seen development which surrounds our taro fields change over time in which our taro fields have also changed. Our family did not change our growing process and still bear witness to the side effects in which the chemicals, pesticides, and herbicides do to our taro fields. I do not need a doctor to tell me that what the chemical companies are using is bad for our health. It is very apparent. The Makaweli Valley is surrounded by corn companies, which we all know as chemical companies. I have observed the change in not only the water, but the field, the taro, and the variety of plants that surround our fields. My family not only farms taro, but we also have salt beds in Hanapepe Town. My concern is the runoff of the water that is containing pesticides. The water goes into our ocean and then back into our salt beds, which most of the Hawaiian people get their salt from. My family and I do not go to the store to buy salt. We have not bought salt for generations. Are we unknowingly poisoning ourselves? Is the residue which the pesticides leave behind still in the salt? We need answers of what exactly to test for. I humbly ask for this Bill to pass. Please override the veto. If there is exposure and transparency as to what is being sprayed on a day-to-day, more people will be ban against the pesticides being used, not only in the island, but statewide and also nationwide. Thank you. Chair Furfaro: Councilmember Yukimura? Ms. Yukimura: Aria, thank you very much. May I ask who your friend is? Ms. Castillo: May I submit it to you? Ms. Yukimura: Yes, that would be fine. Do you know how the taro fields have been affected? Ms. Castillo: I do not personally know. SPECIAL COUNCIL MEETING 26 NOVEMBER 14, 2013 Ms. Yukimura: Okay. Thank you. Chair Furfaro: The next speaker, please. Ms. Fountain-Tanigawa: The next speaker is Marghee Maupin, followed by Robert Pa. MARGHEE MAUPIN: Hello. My name is Marghee Maupin from Kalaheo. I want to thank you for the time you have taken to listen to my grave concerns about the health of the west side people. I have talked with each of you about these concerns. Although Ms. Nakamura is not a Councilmember any longer, I want to thank her and you, Councilmember Rapozo, for speaking with us west side health care providers in Waimea recently. On the day we met on west side, the doctors, nurses, and other health care providers shared their very troubling observations; more babies born with missing ear canals, malformed ears, recurring nose bleeds, cleft palates, asthma, allergies, rashes, hormonal imbalances, and more frequent miscarriages. One of the doctors, who brought us each a stack of about two hundred (200) pages of studies showing the serious dangers of pesticides, expressed concerns about how to answer his pregnant patients who ask if the pesticides will harm their baby. Most appalling from a west side Pediatrician and Obstetrician was the report of serious heart defects ten (10) times the national average. Some of these are incompatible with life. In other words, the heart defects are responsible for the baby's death. With that said, I have another related concern to share if the veto is not overridden. I am very unsettled about the duty, my duty, of providing primary health care to my patients and their families on the west side. Thousands of reputable studies have already been done that show pesticides are known hazardous toxins. The probability that these pesticides will hurt a lot of people on west side, I believe, is high. I implore you to override the Mayor's veto because some health care providers are already seeing signs of serious illness and disability now and we are at a loss for how best protect our patients from this onslaught of known dangerous exposure. I have been very active in my efforts to pass the commonsense Bill No. 2491. It is a start to protect my patients and their families. I can tell you something without any doubt. To this day, the Mayor has not made any attempt to dialogue with me about the west side residents and their health. To my knowledge, the healthcare providers I am in contact with have also not been approached by the Mayor to talk about these concerns. Additionally, I have called or E-mailed numerous governmental and non-governmental agencies including, but not exclusive to, Mr. Gill at the Department of Health who never returned my correspondence, the Department of Agriculture, March of Dimes, National Institute of Health, Hawai`i Cancer Institute, the Centers for Disease Control (CDC), Occupational Safety and Health Administration (OSHA), and multiple others, and the same message has been offered over and over; "We are sorry. There are no recent data and there are reporting flaws." When I called these agencies, I was grasping for assistance to understand pesticide exposure like receive training, education prevention, finding protocols to respond to chronic pesticide poisoning, or any information at all that would help me best care for my patients. Chair Furfaro: I have to tell you that the three (3) minutes went up, but you can summarize. Ms. Maupin: Okay. Do not depend on data that is not up-to-date and is poorly collected. Look at recommendations from the American Academy of Pediatricians, listen to the sick people, and listen to the health care SPECIAL COUNCIL MEETING 27 NOVEMBER 14, 2013 providers. This is not the typical mix of sick people seen here and there. This is a dire situation. You, the County Councilmembers, are at a crossroad in history. Will you do your best to protect the residents of Kaua`i? Chair Furfaro: Thank you. Mr. Hooser has a question for you. Mr. Hooser, you have the floor. Mr. Hooser: Thank you very much for all of your work on this issue. I know you have put a lot of your life into this and I appreciate it. I understand that you are closely connected with the medical community on the west side. In today's newspaper, the Department of Agriculture and the Governor issued a press release saying that they have consulted with the chemical companies and came up with some voluntary guidelines. Are you aware if the Department of Agriculture or the Governor has consulted with the medical community on the west side, KVMH, or yourself recently? Ms. Maupin: None of the doctors that I practice with have been contacted. I am not sure about KVMH in general. I work for the community health clinic that is housed within KVMH, but I have reached out to the Department of Agriculture myself and have not gotten responses or I have been referred to other people who have not called me back. Mr. Hooser: Thank you very much. Chair Furfaro: Councilmember Yukimura, you have the floor. Ms. Yukimura: Marghee, I want to thank you for all your work on this, too. In the data that the doctors gathered about the birth defects and so forth, did they do a screening in terms of tobacco use of the mothers or the families? Ms. Maupin: I cannot say if they did or not. It was mostly the Senior Obstetrician at KVMH and the Senior Pediatrician there and I am not sure what details they gathered other than the birth defects themselves. Ms. Yukimura: Maybe if we can move this Environmental Public Health Impact Study (EPHIS) forward, we can do those kinds of things and really look closely at the data because it is disturbing. Ms. Maupin: Yes, it is disturbing. Ms. Yukimura: It is clearly a signal that we should do a study of some sort. Thank you. Ms. Maupin: Thank you. Chair Furfaro: Thank you for your testimony. Ms. Fountain-Tanigawa: The next speaker is Robert Pa, followed by Fern Rosenstiel. Chair Furfaro: I saw Mr. Pa here earlier. Let us go to the next speaker and come back to him. SPECIAL COUNCIL MEETING 28 NOVEMBER 14, 2013 Ms. Fountain-Tanigawa: The next speaker is Fern Rosenstiel. FERN ROSENSTIEL: For the record, my name is Fern Anuenue Rosenstiel. I testify today on behalf of myself and as a Director of`Ohana o Kaua`i. Chair and County Councilmembers, thank you again. Rarely in my life am I inspired to sing the "Star Spangled Banner." I grew up in a nation where I was taught was overthrown. I grew up with kupuna that taught me the wrongs that America has done. To the people and to the aina here, I work alongside many people who actively work to restore the Hawaiian Kingdom and all that was taken from the people here. Last night as I slept and did not sleep, the sovereign flag flew on this building above us. Each flag represents different things. In my heart last night, it represented the Kingdom's presence and us as united, sovereign people with the ability to shape the future of our island. This morning as the dawn broke, after hours and hours in the bitter cold, I watched as the American flag was raised over this building, and I watched and contemplated the night and what was before us today. I was reminded and I became inspired. I was reminded not of the atrocities and the shameful things that our nation has done to other nations and people, and not of the corruption and corporate (inaudible) that we are so regularly reminded of, and that this County is so oppressed by. I was inspired by the people of this island by what we have done, what we have accomplished together, and how we have learned and moved forward as a community. I felt appreciation and hope for the right to sit, to sleep, to assemble, and demonstrate in this American system of Judicial Legislative and Executive Branches that form the democracy that was founded on the principles of people representation. It gave me hope that the essence of this founding concept can and is being revived right here in our small little community. Our island, in the middle of the ocean, has reminded itself and the world what this flag could represent today. During the final vote when you made the decision to pass Bill No. 2491 originally, while summarizing your thoughts and perspectives before voting, Councilmember Rapozo made a powerful statement in support of the democratic process. He said and supported his people and the fellow Councilmembers by saying that regardless of what the outcome was today that the right decision would be made because the majority had made it. I appreciate that kind of respect for the people of power and for the people's representation. I ask you today to uphold that majority decision, override the Mayor's veto, and to give the people what they are really asking which is the right to know, basic buffers, and right to investigate the impacts of an industry that dominated Hawai`i since this Country was overthrown. I humbly ask for all of you to please override this veto and give us, as a community, the hope and inspiration that we are building and driving upon right now. Thank you all again and I humbly ask to you override. Mahalo. Chair Furfaro: Thank you. Please read out the next two (2) names for me, and then we are going to be taking a break. Ms. Fountain-Tanigawa: The next speaker would be Phoebe Eng, followed by Journey Zephier. PHOEBE ENG: Aloha. Good morning. Council, thank you again so for all that you do. I know it is not easy to sit in these seats, but on a higher level, it is actually probably very easy. As Fern has just said, we are talking about the voice of the people. There was a 6:1 vote last month. Fifty-three thousand (53,000) letters across the world from doctors, nurses, and farmers giving you group letters as well as individual letters, and even business leaders and the SPECIAL COUNCIL MEETING 29 NOVEMBER 14, 2013 tourist industry. This is not as hard as we think. I do need to make a correction in terms of one of the remarks that I heard this morning. The notifications that Pioneer gives to its plaintiffs are nowhere near anything except generic. What they usually say is that we are going to spray nine `o clock to five `o clock, Monday through Friday, as we want to. That is the pretty much the extent of that kind of disclosure. Please do not believe that voluntary disclosure is happening on the west side, especially with the lawsuit and even with the negotiations of really good attorneys. The other thing is that I want to call your attention to the fishermen's testimony; that was done in thirty-six (36) hours during among fishermen families that do not come out often to sign letters. Thirty-six (36) hours over the last few days. Taro farmers, the same. Kumu hula, the same. Fifty (50) teachers in thirty-six (36) hours. They are coming out. The first responders are coming out and nearly one hundred (100) are contacting some of you. I do hope that you override. We are even now hearing about agriculture workers themselves. They are coming out and speaking to some of us saying that they and their spouses would like to come out in support, but they cannot. Why? Because they have to sign a document that says that if they do anything that is seen as disparaging to the company, they risk losing their pensions. These are big problems, right? I want to put it in public testimony because I would like you to investigate that. I would like somebody to investigate that. I also find it very concerning that people are paid hundreds of dollars to sit in the seats in order to get priority seating in this room when all of us wait overnight out of the goodness of our hearts and for free. Money does not solve problems. On the west side, there is a particular way of being. It is gracious, dignified, measured, and thoughtful. I want to read a few sentences from one (1) testifier who personifies what that is. Chair Furfaro: Phoebe, I will let you read that statement but your three (3) minutes are up. Ms. Eng: Thank you very much, Chair. Normally, we are not the type of people to complain and prefer to mind our own business, and let people live and let live. This is the first time we have even done something of this nature. However, we really need your help. Please pass the Bill. This is indicative of the many names that I would have liked to read to you and it would read like a soap opera. For many of you who are into electro-politics, these names are Hawaiian royalty, mahi'ai royalty. If you would like that, I would be glad to share that. Chair Furfaro: I would like to have that. Ms. Eng: Okay. Thank you very much. Chair Furfaro: Who is our next and last speaker before we take a break? Ms. Fountain-Tanigawa: Journey Zephier. JOURNEY ZEPHIER: Hello. I am Journey Zephier. I am here to speak for the keiki and the future of the seventh generation. The job of the Kaua`i County Council is to protect the people. Passing the Bill again is the pono and aloha thing to do. In school, we learn about the "Aloha Law." One of the principles of aloha is to give or sacrifice yourself to help your neighbor. I have given myself four (4) times now by sleeping on the cold, hard ground in the pouring rain. In the cold lasting night, every time I get sick with a cold but I come back here again and SPECIAL COUNCIL MEETING 30 NOVEMBER 14, 2013 again to sacrifice myself for my neighbors on the west side because that is aloha. The chemical corporations have no aloha because a corporation is a dead thing; it is only on paper as a legal business selling chemical poisons. The corporation is only flat paper, word, and deed. It is not alive. It has no life, no breath, no ha, and no aloha. Since I have sacrificed myself to help my neighbors, I have been called a terrorist, thug, extremist, and a haole. If there ever was a haole, it was the chemical corporation that has no life, no ha, but only lives on paper to spray and sell chemical poisons. No life, no breath, no ha, and no aloha. Ua mau he ea o ka aina i ka pono. Pass the Bill. Chair Furfaro: Thank you, Journey. Did you have a question for Journey? No, okay. By contract, we need to take a caption break for our typist and camera crew, and that will be for fifteen (15) minutes instead of ten (10). I put the extra five (5) minutes on there because if you leave the room, you do need to clear yourself to come back again. Mr. Hooser, do you have a question? Mr. Hooser: Yes. I understand the list for testifiers is essentially closed and I know some people are trying to plan their day. I was wondering if you had an idea of how many are on the list. Chair Furfaro: I am going to find that out during this break. I will be glad to make that announcement, and then we will go forward. Mr. Hooser: Thank you, Chair. Chair Furfaro: This break is going to be for fifteen (15) minutes. We will be back in session at 11:17 a.m. There being no objections, the meeting was recessed at 11:03 a.m. The meeting reconvened at 11:27 a.m., and proceeded as follows: Chair Furfaro: Aloha everyone. We are back in session. We have seventy-one (71) speakers more to go. We only completed twenty-seven (27) this morning, and that is from the sign-up list. At some point, we need to get to a place that we can do our business. I am going to ask members that unless you have a very pressing question, let us use this time to take testimony, please. I have five (5) members at the table, so by our rules, I can start the meeting again. To Madame Clerk, I think we bypassed Mr. Pa, but he is in the room now so I would like to start with him. Ms. Fountain-Tanigawa: Yes. The next speaker is Robert Pa. ROBERT PA: Aloha and good afternoon. My name is Chief Robert Pa from the Polynesian Kingdom of Atooi. The ball is in your hands. This is where we separate or where we come together, whichever we choose today. The Mayor had a very hard choice choosing what he did, and for whatever reasons, he chose what he did. The world is watching this County Council right now. Their eyes are on you guys. They see what is going to happen here. We have faith in you guys. This is your chance to prove to the people that you are here for the people. It is about our children and our upcoming that did not even get a chance to breathe this fresh air that we breathe or we once breathed before. What we really need to look at is what is going to keep our children from being sick. What is going to bring health back to our Nation? What is going to bring us to trust you people that we SPECIAL COUNCIL MEETING 31 NOVEMBER 14, 2013 vote for out there? This is your chance to prove to the people that you are listening to the people. There is a bigger road down the road. There is a bigger highway. We can all join in with the County Council and the County for this and we will back you guys up one hundred percent (100%) from the Kingdom and from the people's sake, that no matter what, we will help out in any way we can. I have always stuck my neck up for everything that I believe is right for our people. I come here because I have ten (10) children, five (5) great-grandchildren, and two (2) more on the way. I want them to live the way we lived and breathe the air that we breathed. The problems that we went through— we need to squash them now so that they do not have to live through these problems. It is not a big problem; it is something simple. Let your heart lead you the right way because you can never go wrong by following your heart. Grandpa always told us to listen to our hearts and follow our hearts. You can never go wrong. I used to doubt him before because of how we were raised and how people were around us. Everything was being taken; this and that. But I had to humble myself and forgive everybody for what they did to our people and our family or we would not be here today the way that we are as the Kingdom of Atooi, traveling how we have traveled and seeing the world. I got to see a lot because of this Kingdom. We do not support the veto. We humbly ask you guys to override the veto and do the right thing. Like I said, show the people that you are here for us. I will guarantee you that they will vote for you next year. I will guarantee that they will vote for you when that time comes because that is what it is all about; you guys being there for us. I just thank you for all of the hard work that you have done. "Follow your hearts," is all I can say. God bless. Chair Furfaro: Thank you, Mr. Pa. Ms. Fountain-Tanigawa: Chair, the next speaker is Erica Schneider, followed by Thomas Patch. ERICA SCHNEIDER: Aloha everyone. I am Erica Schneider. I am over there frantically trying to rewrite my testimony after hearing what my son had to say because it was very powerful. It was much more profound than what I was originally going to say. I was thinking about what Journey said about the "Law of Aloha" that they have been learning about at their Hawaiian immersion school, Kanuikapono in Anahola. They did point out to me, my daughter and my son, the principals of the "Aloha Law" and one of them is to sacrifice oneself and forgive of oneself to help the neighbor. We were sitting outside last night at 3:00 a.m., in the cold, trying to stay warm, and I was speaking to a Native Hawaiian who could trace his genealogy back nearly one thousand (1,000) years. He was talking about ha and aloha with us. I had to ask myself as I was thinking last night, what sacrifice the supporters of this Bill have given? We have given our time, energy, and money. We have spent nights sleeping on the ground, outside, to make sure that our voices would be heard when the chemical companies were busing in paid workers in the middle of the night. It was very, very cold last night. For the previous hearing, it was very, very cold and torrentially raining all night. Yet, we sat and slept in line to support and sacrifice our own health and energy to help our neighbors on the west side. That is the principle of aloha. I have experienced this Bill uniting our island and I now have more close friends and community on the west side than I ever would have because of this Bill. I have met mothers who I consider sisters now because of this Bill. I was very surprised to go outside a few minutes ago and see that someone had put yellow tape down the middle of the lawn to separate the blues and the reds. People were trying to talk over the yellow tape with each other, but they are not allowed to cross the yellow tape. Much of the division that has happened has been forced upon us through things that are happening beyond our SPECIAL COUNCIL MEETING 32 NOVEMBER 14, 2013 control. I ask what sacrifice have these corporations done. Have they done any sacrifice to help their neighbors? No, they will not even sit in a chair overnight or lay on the ground and sleep to have their voice heard. They would rather pay desperate homeless men to sit in the chair for twelve dollars ($12) an hour for sixteen (16) hours, which is the offer that they made. These men— they wanted to pay four (4) or five (5) of them, but they did the right thing. They either gave up their seats to us or they came in and told the truth to you. Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Schneider: I ask you please to override the Mayor's veto unanimously. Please pass the Bill because it is the aloha thing to do, to protect one's neighbor, help one's neighbor, and no mother should suffer the way the mothers I have spoken to have. Mahalo. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Thomas Patch, followed by Lori Patch. Chair Furfaro: Lori, if you could come up to make yourself available in one of the front chairs, I would appreciate it. Let us do that for various speakers so we can save some time. THOMAS PATCH: Hello. Good afternoon. My name is Thomas Patch. I was born in Lihu`e and raised in Kilauea. I just have a little piece of original poetry that I will recite. It is not the "Iliad" or the "Odyssey" or anything. It is real short. "How many toxic poison covered dollars is it worth to disseminate one of the greatest places on the earth? All, we the people, ask for is disclosure. They, the companies, threaten to sue for exposure. It is not just a matter of what is that in this, but when they put it altogether, it is a lethal mix. Turn a blind eye when they make the people sick. See the crops as a way to make their green more quick. I commend you, the Council, for your research and time. The world is the audience while we are up on the front line. Set the example for the planet. Now is the time to override." Thank you very much. Ms. Fountain-Tanigawa: The next speaker is Lori Patch, followed by Anne Punohu. LORI PATCH: Aloha. My name is Lori Patch. I am very proud of my son, Tommy. He is an incredible man and he represents the youth of Kaua`i. I have lived here for thirty-three (33) years. I am a grandma and soccer coach. Everybody knows me out there from soccer and I come here with my heart. I am here today, for the record, to report a crime against humanity. The occupying multi-billion dollar genetically modified organisms corporations are annually using tons of lethal, toxic restricted use pesticides, experimentally, and undisclosed on a continual basis. The residents, schoolchildren, and even the travelers are truly being poisoned by them. This crime is called a soft kill. The fact that these corporations are not willing to disclose what and when they are spraying is criminal. For instance, Tyler last night— we all spent the night and we went up to him and said, "Hey dude, how is it going?" He said he was offered twelve dollars ($12) an hour for sixteen (16) hours to hold a seat for the biotech companies. We slept out there because we did it for the people. Please unanimously override veto. With buffer zones and disclosure, I believe that the people would be protected. SPECIAL COUNCIL MEETING 33 NOVEMBER 14, 2013 Bill No. 2491 is really simple. It is only fourteen (14) pages long. The Mayor did not veto the Bill to serve the people. This is my opinion. He vetoed the Bill serving global ag services incorporated. The evidence is in the letter and the newspaper. It was thank you letter from global ag incorporated. There was no personal signature, no body, or no human being behind it. Kaua`i is unconquered. These globalist corporations do not have the best interests in their workers. We, the people, do. It is time to stop the continuous free for all experimentation and stop the spread of their sinister tentacles because they want to take over our island. Six (6) people now have the choice to choose the destiny of humanity on Kaua`i. It is in your hands. I know the Mayor's veto was just following orders. Personally, I want all of your votes to override the veto to represent my position, but if your decision does not represent me, then please represent the families who are suffering. Represent them. I really, truly ask you to. This is just from our hearts. What an experience to spend the night out there for the people. I cannot even explain. My legs hurt, my back hurts, and I slept in a chair, but it was one of the most wonderful things to do because people do that to go to concerts and get an Xbox at Walmart. We did that to help the people. Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Patch: I do not want to lose faith in the system. Be on the right side of history. Mahalo and thank you. Chair Furfaro: Thank you. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Anne Punohu, followed by Stephanie Krieger. ANNE PUNOHU: Aloha. My name is Anne Punohu. I want you to override the Mayor's veto of our Bill. Why? It is very simple. The State themselves were the ones that gave the land to the GMO companies to start on our island in the first place. They did not do their due diligence from the very beginning in looking at ways to regulate this industry that had potential hazards to the people. This is one of my main reasons for not looking at the State as the "be-all, end-all" to this issue. We, the home rule and Kaua`i people have the right to regulate for our health, public safety, and welfare. You cannot ask the very entity that brought the companies here to then regulate that company in a voluntary capacity. It does not work. Last night was my first night sleeping out and I was never so cold in my entire life. But I will tell you something, when we discovered that somebody was paying the people to sit in a chair, to usurp us even in our right to try and have our say in our own room... this is our room because it does not belong to the corporations; I was highly insulted and I think everybody should be. There is something else that I want to say to the Mayor erred. The Mayor was absolutely incorrect in going against the people. He sided with the companies and is interested, in my humble opinion, in making sure that the State continues to coddle them. My big concern is the moratorium on the land. They are now able to take every piece of DLNR land across Kaua`i... take it all, where I live, too, in Kapa`a. You see me with my breathalyzer today. This is my fourth upper lung respiratory infection this year. I live next door to an open field and I live in public housing. What is to say that because there is no moratorium, they can go straight to next to us... three hundred (300) families? We could have all the same situations going on in Waimea. I have never heard such eloquent and amazing testimony in all of this as I did today from the people of Waimea. What amazing testimony that they gave today and I just want to say that I felt honored to sit in the room with SPECIAL COUNCIL MEETING 34 NOVEMBER 14, 2013 them today. You do not ask the wolf to guard the chicken coop, right? No, you do not. In this case, I clearly see it as the wolf watching the chicken coop. On Kaua`i, we know how to best take care of our own issues. Let us have the home rule. You heard from some of the most incredible attorneys with these amazing legacies that they can defend this Bill pro bono and that it was legally sound. These are the reasons why I am for you to override the Mayor's veto today. Mahalo. Chair Furfaro: Thank you, Anne. Ms. Fountain-Tanigawa: The next speaker is Stephanie Krieger, followed by Angela Flynn. STEPHANIE KRIEGER: Aloha. My name is Stephanie Krieger. I am here today to ask the Council to override the Mayor's veto of Bill No. 2491. Today I want to touch briefly on the current and future impacts that the Bill has on the visitor industry. I own a small business that supports and purchases from our local farmers and beekeepers, and I closed my shop to be here today to support this Bill. Every day, I have visitors coming into my shop. They see the literature I have displayed and ask about the issues surrounding Bill No. 2491. I allow them to ask me. I do not solicit. They ask me. They are aware of the community's concern. They see the signs on the roads. They see the articles in the newspaper and they have a keen interest in learning more about how they can support the Bill. When we discussed the details of Bill No. 2491 and the journey that we have endured to this date, I express to them how supportive all of you have been. I have also expressed my utmost disappointment about the Mayor's decision to veto the Bill. The most common and natural reaction that they have to the veto is one of astonishment. Needless to say throughout our conversation, their image of Kaua`i begins to change. Inevitably, they ask "what can I do to help?" It is one of my favorite questions and one I answer with a plea it share their concerns with all of you. Maybe you have gotten some E-mails from them. I think some of them are on the lawn today. I provide them with a little flier with a summary of the Bill's current amendments, contact info for all of you for testimony, the Mayor's Office, links to The Garden Island's "Letters to the Editor," and links to various websites that continue to update and educate the community about this issue. With this information, they feel empowered to help. Visitors love this island. They come here year after year. They come here on their honeymoon with hopes to come and bring their children one day. Moving forward, I want you to consider how your vote will affect this huge demographic and how the image of Kaua`i as "the Garden Island" might slowly disappear in their minds? I am looking today for a unanimous vote. I think we can do it. The visitor industry is a pivotal keystone to our island economy. It is way more important than some of these corporate entities. You have created a Bill that is defensible in court if our neighbors decide to sue us. If Mayor Carvalho is a Mayor for the people then where is he today? Thank you very much. Please override this veto. Ms. Fountain-Tanigawa: The next speaker is Angela Flynn, followed by Katie Johnson. Chair Furfaro: Katie, could you also come up and sit closer to the stand? You have the floor. ANGELA FLYNN: Good morning. My name is Angela Flynn. I live in the Kilauea area. Boy, there is so much that I want to say in three (3) minutes. Voluntary disclosure right off the bat— I do not know. I took a tour the SPECIAL COUNCIL MEETING 35 NOVEMBER 14, 2013 west side just this last week. I saw BASF, Dow, and Pioneer. I did not see a sign for Syngenta. I saw a building that I believe is there headquarters, but no sign at all. I am just trying to say that voluntary disclosure would probably indicate that you would want people to even know you are here. Other things I saw was when you drive to Polihale, people are stopping to take pictures. The scenery is just incredible. There are areas there where their genetically engineered corn is growing within a few feet from the road on both sides of the road. You are really standing in the middle of the field there. It is not right. I spoke to tourists and they were shocked to find this out. Who is going to come to Kaua`i if they find out that they are literally standing in the middle of fields that have restricted use pesticides applied on them at any time without any notice. No one is. The last speaker talked about tourism industry. Personally, if we have a choice between the tourism industry and the biotech industry, then I hope we choose the tourists because they come here because they love this island. Most of them really cherish their time here. There was a speaker earlier today that seemed to think that this Bill is prejudiced against corporations because it happens that the five (5) companies that are the largest users of restricted use pesticides are all incorporated. Organic farms can also be incorporated. We have organic farms on this island that are corporations. This Bill is not singling out corporations; it is singling out the largest users of restricted use pesticides and it was created because these companies refuse to disclose when and what they are spraying. People are getting sick. To me, it is shocking of the conditions over there. I am sorry. We need to do something about it. I was happy to see outside that Syngenta has the majority of shirts out there. Today, they are very proud to be there and they are proud of their service in the agricultural fields, but I wonder why their corporate headquarters here on the island... somehow they are not proud of that location and wanting people to know they are here. Why are they not proud of a (inaudible) people of their fields that are lining the roads? I really hope that our Councilmembers do vote to override the Mayor's veto and get us some responsible, sane policy here on restricted use pesticides. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Katie Johnson, followed by Paul Massey. KATIE JOHNSON: Aloha. I am Katie Johnson. I have a few words that I would like to share with you today, but before I begin on my own behalf, I have the honor of speaking on behalf of a German Hill resident. She states, "I want to share some information with you regarding the pesticide spraying on GMO crops behind my house and others here in Lihu`e on Ho`omana Road. You can visibly see the pesticide spraying that is within two hundred twenty (220) feet of our property, which includes our fruit trees and our garden. We are literally surrendered by GMO crops that are being sprayed. My husband has never had a respiratory problem and has been fighting a cough and sore throat for four (4) months. I have had an unexplained cough on and off for about six (6) months. We raised chicken for eggs, and over last eight (8) months have three (3) suddenly, with no explanation. We also found several dead doves in our backyard. There is an awful looking film and grime on the windows facing the GMO fields. In the meantime, they have sprayed again twice this week, two (2) days in a row, without any notification behind my house. I paid close attention to the way I felt after the spraying since I was home all day, and sure enough, for both days I started coughing and my eyes starting watering. I developed a headache along with dizziness." She closes by saying, "I am appalled and quite frankly scared." After SPECIAL COUNCIL MEETING 36 NOVEMBER 14, 2013 hearing the west side voices this morning, perhaps this pales in comparison. She was talking about respiratory problems, but they are talking about death and cancer. What is her future? This is not just a west side problem; this is a Kaua`i problem. They are on the south shore, Lihu`e, and they will move forward. We know they will, but we stand together. You voted 6:1. I heard some concerns. One concern that I heard repeatedly was the need to represent your constituents; the need to stand with the west side. The west side came out today. They were here. They told their stories. You supported them once. We need the support. We need a unanimous vote to veto this. I have thirty (30) seconds. I would like to close with a quote. I sent it to you all. In 1972, former Dow chemical company Chairman Gerstacker famously stated he had long dreamed of buying an island owned by no nation and beholden to no nation or society. Did the other chemical companies have the same dream? Has Kaua`i become that island? Is our beautiful Garden Island their dream location where they feel they can operate without oversight or regulation beholden to no one? We need to override this veto. Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Johnson: Our island is not for sale. Our people are not for sale. Our health is not for sale. Our children are not for sale. Stand up and do what is right, all of you. You believe in the democratic process. It is why you are in these seats. Do the right thing. Support the west side. Chair Furfaro: Katie, your time was up. Ms. Johnson: Thank you for letting me finish. Chair Furfaro: Thank you very much. Mr. Rapozo: I have a real quick question. Chair Furfaro: Go ahead. Mr. Rapozo: Katie, I know you read someone's testimony, but I am very concerned about the dead chickens and dead dogs. Ms. Johnson: Not dogs, but doves. Mr. Rapozo: Okay. I am sorry. Ms. Johnson: It could be a dog. I do not know if they have a dog. Mr. Rapozo: Either way, something died and that is a concern. I am hard of hearing on the left side and deaf in the right, so I am sorry. It sounded like it was in a relatively short period of time. Ms. Johnson: Unfortunately, I do not have all of the data. This resident was not able to be here today. What she says is over the last eight (8) months, so yes, it was a relatively short time. Over the last eight (8) months, she had three (3) dead chickens and several dead doves. SPECIAL COUNCIL MEETING 37 NOVEMBER 14, 2013 Mr. Rapozo: Doves, okay. I guess the other question... you probably cannot answer, but did she report that to the Department of Health or the Pesticide Branch? Ms. Johnson: I am sorry... Mr. Rapozo: If you could find out... I would highly encourage her to do that. Ms. Johnson: I can find out and get back to all of you. Mr. Rapozo: Okay. Thank you. Ms. Fountain-Tanigawa: The next speaker is Paul Massey, followed by Sharon Gudbransen. Chair Furfaro: Go ahead, Paul you have the floor. PAUL MASSEY: Aloha Councilmembers. My name is Paul Massey. I am a resident of Anahola. I am in support of overriding the Mayor's veto of Bill No. 2491. In the Bill's text, an excerpt of Hawai`i's Revised Statutes (HRS) reads "each county shall have the power to enact ordinances deemed necessary to protect health, life, and property." It has been unquestionably deemed necessary by the people of Kaua`i and by the majority vote of the Council to pass Bill No. 2491 in order to protect our health and life. Why are we here today? We are here today because the Council has the authority and kuleana to override a veto of the Mayor's Office when that veto comprises the protection of health, life, and property of Kaua`i, its people, and natural resources. There could not be a more appropriate use of the Council's override power than in the case of Bill No. 2491. The release of the County Attorney's Opinion has only strengthened the case that the Bill will withstand potential challenge in the courts. Because its release has allowed it to be analyzed by legal experts with more experience and perspective than the County Attorney's Office, these analyses have discredited the arguments made in the opinion. Any educated and aware person knows that humans are trashing the planet. Every incremental course correction that can be made at every level of representative government is crucial to the health and well-being of the present and future generations, and of all life on earth. On behalf of the multitude of Kauaians who value pono over profit and health over wealth, I respectfully ask you to unanimously override the Mayor's veto of Bill No. 2491. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Sharon Gudbransen, followed by Brandi Titus. Chair Furfaro: Welcome Sharon. SHARON GUDBRANSEN: Aloha Council. My name is Sharon Gudbransen. I have been a resident of Wailua for the past sixteen (16) years. I am here to support the override of the veto. It is the responsibility of the Council. You are our direct connection and democratic process to look out for us and the laws that we make. You do not represent the corporations. I have heard, in a speech given by the Governor, his words kind of paraphrasing saying, "I do not really know all about this, but you guys have the capital." I have also heard our Mayor say, "I do not SPECIAL COUNCIL MEETING 38 NOVEMBER 14, 2013 really understand any of this," then he took a position of vetoing it. I feel like he does not understand it and I feel like there has been a lot of hard work put into this. I respect you all for this. I would like to give voice to why I feel like there is need for disclosure. This is research. This is not growing food; this is agricultural research, chemical research. They are adapting plants to take poisons. That means that the amount of pesticides that they treat these plants with as they are growing out is much greater than they would ever use to grow food. Not only that, they are using combinations of chemicals that once you put these chemicals in combination, they no longer act like they are singular chemicals. For example, glyphosate is not just glyphosate when you mix it with something else. We do not actually know what the result is of mixing these chemicals, and we cannot depend on the corporations to disclose this. Honesty is not their forte. Part of why we need to disclose this is to begin to study what the combined effects might be. We already know there has been damage and that there are people who have died. Our reefs are dying and the land is being destroyed. It is our responsibility to take care of it and take care of ourselves, and you are the people vested with that immediate responsibility in the democratic process. I commend you for passing it to begin with and I support and encourage you to fearlessly, unanimously override this veto. There have been a lot of attempts to divide this community on this issue, but with each passing meeting, it is evident that people from the west side, south side, east side, and north shore are uniting because this is about the well-being of everyone. This is an island. It is a finite resource. Every field that is planted with those pesticides is destroyed. We are going to have to remediate and restore all of those fields. A lot of those chemicals right now, we do not know how to get them out of the soil. Let us stop this before there is more damage. Please override the veto. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Brandi Titus, followed by Abraham Kowitz. BRANDI TITUS: Aloha Council. I am Brandi Titus. I am from Kokomo, Indiana. I moved to Hanapepe in 2003 to work at Banana Patch Studio. I presently work on the north shore in organic farming. I am a mother of two (2). I have a first grader and third grader at Hanalei Elementary School. I am here to support an override of the Mayor's veto. I personally really feel like the practice of using poison to grow food is an oxymoron, and a very dangerous one. I am from north central, rural Indiana; the original ground-zero GMO. I drive through twenty-five (25) miles of soy and corn fields to visit my entire family. I do hold on hope that if this legislation succeeds, that against overwhelming odds, they too would have a chance to ask for disclosure, buffer zones, and health studies because no one questions the farming there. No one questions it. It is accepted. I have seen what it does to the landscape and the water. My dad leases his agricultural lands to soy and corn. When I take the kids home, we do not eat the fish from his pond. The creek is not a creek anymore. It is an agrochemical drainage ditch, but people do not see it like that and they should. I think this Bill brings a lot of awareness for agrochemical use and the dangers of it. We need it. Please override the Mayor's veto. Mahalo. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Abraham Kowitz, followed by Stacy Kennedy. SPECIAL COUNCIL MEETING 39 NOVEMBER 14, 2013 Chair Furfaro: Welcome Abraham. ABRAHAM KOWITZ: Hi everybody. Thank you so much for being here and going through this democratic process. My name is Abraham Kowitz. I live in Kapahi. I grew up in Florida and moved here because of the appreciation for the land and how the community takes care of one another. I feel like the neighbors of the biotech companies on the west side have not been good neighbors. I live here because of the fact of the matter that somebody I do not know is just as likely to help me as my brother is. It does not seem like the best interest at hand with regard to biotech companies' neighbors is really being taken care of. We have done a good job so far of having this Bill and it is been vetoed. The process here to override it... we are almost there. I really think a unanimous decision to override it will send a good message to the international community that is watching us right now. Primarily, we are a tourist economy, not a chemical economy. To sway in the direction of large corporations that are in our secondary industry of biotech is not a good sign of our primary source of income, being tourism. Please put our best foot forward and do the best for our community on the west side and the rest of the island. Have some clarity and have some knowledge of what is going on over there like what is being tested, sprayed, and getting into your children's and family's lungs. I certainly want to know if the problems that are happening with people's health over there are related and what we can do to help out. Once again, thank you so much for going through this process, being here, being diligent, and listening to everybody as you go through it. I look forward to seeing a unanimous override of the veto once this is all said and done. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Stacy Kennedy. Chair, first let us make an announcement. For those who are outside and signed up to testify, can they please see Staff downstairs and line up to come into the room? Chair Furfaro: Okay. My voice will ricochet outdoors. Those who are outside and have already signed up, we are anxiously trying to take testimony before we break for lunch, so please begin lining up. Thank you very much. You have the floor now. STACY KENNEDY: Aloha Council. My name is Stacy Kennedy. I am a resident of Wailua. I am testifying in support of the override of the veto. First, I would like to thank you sincerely for your hours, upon hours of hard work and your willingness to hear so many of us at length. I have deep respect for each of you, and especially those of you who have voted already to pass this Bill. You and this process have truly restored my faith in democracy at a local level, at least, and for that, I am sincerely grateful. My daughters and I slept outside last night and we were present when you first passed the Bill. I am glad that they can bear witness to this process. I am a business owner here on Kaua`i. I season, roast, and sell macadamia nuts and I set-up a booth every week at the Waipa Farmer's Market in Hanalei. On my banner and labels, I state that my products are GMO free. On my table, I have information for people to take with them, signs for them to read, and answer at least ten (10) inquiries at each market. People are shocked to know that our beautiful island has so much poison being sprayed and all of those corn fields of GMO. They come here for the beauty and they are appalled to know that these companies are fighting us on such a basic Bill. Each market, I collect signatures from many tourists stating that they would prefer to come to a clean and pristine paradise. They come for the beauty, but the damage being done to our SPECIAL COUNCIL MEETING 40 NOVEMBER 14, 2013 island will take years to reverse and repair. There have already been so many lawsuits fought and won against these biotech and chemical companies. Around the world, more are filed every month. Entire countries are completely banning their so-called "improved agriculture." More join this list every month. In recent news, Mexico banned genetically modified corn completely. These are countries that could truly use the alleged benefits that these companies claim that their new genetically modified seeds will produce, but those claims have been proven false again and again. The damage done to the soil, land, and communities where these companies have spread their poison is so severe that developing nations are standing up against these corporate giants and winning. Bill No. 2491 does not even address GMOs anymore. It has been reduced to a pesticide disclosure Bill; buffer zones, an Environmental Impact Study, and disclosure. This is not too much for our community to ask. The fact that these companies did not want to tell us what they are doing, to me and many others, is incredibly incriminating. Their track record around the world is appalling. It is apparently no different here on Kaua`i. The County's Legal Counsel is concerned about a lawsuit. Is he also concerned about the potential lawsuits from citizens of our island who are not protected by the Government if this Bill does not pass? The County Council has the unique opportunity to stand up to these huge companies who have proven to be bullies and concerned only with their own profits. Please override the veto. Mahalo. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Leilani Kennedy, followed by Victoria Holloway. LEILANI KENNEDY: Aloha. My name is Leilani Kennedy. I am here for my children and I can stop worrying about my children's future. I love the island of Kaua`i and I want to protect it. I also want to protect myself. We need your help. We also know that the poison that they spray on our crops is not only poisoning bugs; it is poisoning our future and kids. I know food can be grown without poison. I hope that you can understand that. Please override the veto. Mahalo and aloha to the aina. Chair Furfaro: Thank you, young lady. Ms. Fountain-Tanigawa: The next speaker is Victoria Holloway, followed by Helen Lovell. VICTORIA HOLLOWAY: Hi. My name is Victoria Holloway for the record. Thank you for being here again. My testimony keeps changing. When I tried to read the warning label of Atrazine, I could not get through the first half page and there are many pages. I felt sickened and horrified. I invite any of you who have not yet read through that label to read it all the way through. All of the warning labels of all the others, over thirty (30) I believe, restricted use pesticides being used in the experimental GMO corn fields. If that was not bad enough, consider the cocktails of these chemicals that are being used by the biotech industry, for which there are no warning labels because no studies have been done on these cocktails. One cannot even begin to imagine what these warning labels might say. It is absurd to me beyond words, beyond any comprehension, that this is going on at all anywhere and that it is even a question of whether to override this Bill or not. I strongly support overriding the Bill. We eat to live and to be healthy. That is the purpose of food, which is to give us life and give us a healthy life so that we can enjoy our family and our community while we are here on this Earth. SPECIAL COUNCIL MEETING 41 NOVEMBER 14, 2013 Pesticides are toxic as Nomi pointed out. "Cide"; toxic; death; they are all the same thing. They are well documented to be prime contributors to disease. There is absolutely no sense... I cannot find any sense and I have yet to find anyone who can explain it to me in a way that I find sense in creating toxic food, and worse, toxic soils and water tables that will affect our children, grandchildren, and generations to follow. These pesticides do not just disappear. Dichlorodiphenyltrichloroethane (DDT) has been found in the soil in Moloa`a over two (2) decades, I believe, since they stopped spraying. My heart just goes out so immensely to the people who are living on our island and surrounded by this horror every day. I cannot imagine. I am from the north shore. I am here in support of those people and all of us because I know it is moving around, affecting everyone, and affecting the ocean. I am not thinking that I am completely protected, but I am certainly not surrounded by the horror that they are every single day. If I have any more time, I just wanted to let you know that I do give tours at the botanical garden on the north shore and I meet with about sixty (60) to eighty (80) tourist and visitors a week to the island. Our garden is organic so invariably the topic turns to the GMO at some point. They ask me about the signs and so on. There is horror in the group every time they learn that not only are there GMOs, but the experimental and the restricted pesticide use is (inaudible). They cannot believe it. It is shocking and sad, and I implore you to please override the Bill unanimously today. Protect our future. Thank you. Ms. Fountain-Tanigawa: The next speaker is Helen Lovell, followed by Collin Dana. Chair Furfaro: Helen, I am going to make a housekeeping announcement when you come up. This is for those individuals who have signed up that are outdoors. Please move towards the stairwell with my Staff and identify yourself if you have signed up. We would like to continue moving forward on public testimony. Helen, you have the floor now. HELEN LOVELL: Thank you. Aloha. My name is Helen Lovell and I live in Anahola on Hawaiian Homelands. I ask that you please override this veto. I came here to Kaua`i in 1991 as a travel Licensed Practice Nurse (LPN) from Nursefinders. I was in perfect health, never smoked, and always lived a healthy lifestyle. It all changed for me when I moved to Kekaha. Fourteen (14) years ago, when I was pregnant with my son, I became very sick with asthma and bronchitis. Eventually, my labor had to be induced due to respiratory distress. My lungs deteriorated greatly while living in Kekaha for almost five (5) years, so much so that I have now Chronic Obstructive Pulmonary Disease (COPD). I have permanent lung damage. COPD is a lung disease with much stigma attached to it because usually ninety percent (90%) of people who are diagnosed smoke. The other two (2) causes are occupational air contaminants and environmental air pollution. I never did know what I was breathing in and what was in that fine red dust that was all over my house. I still do not know. The State never protected me. I am not an activist. I have never been here before. I am here as a Nurse/now a patient, who is asking for clean air, disclosure, and a decent buffer zone. Lastly, I would like to say that my husband is Native Hawaiian. My children can trace their ancestry back to before Captain Cook. What would their Native Hawaiian ancestors think of these companies coming here, polluting the land, and causing people to be sick? The right to farm is no longer a right when it interferes with my right to breathe. When does a right not become a right anymore? When it infringes on the basic human rights of others. COPD is a life-threatening disease and I want to live. I want to be there for my children, so I am asking you to please override this veto. SPECIAL COUNCIL MEETING 42 NOVEMBER 14, 2013 Mahalo for all of your hard work and long hours you have put into this. I really appreciate it. Thank you very much. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is... Chair Furfaro: One moment, Jade. I have one announcement. To the last group that walked in for testimony, I would like to end it there so we can go to a lunch break. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Collin Dana. Chair Furfaro: Who is the speaker after Collin? Ms. Fountain-Tanigawa: Maria Maitino. Chair Furfaro: Thank you. You have the floor. COLLIN DANA: Aloha County Council. My name is Collin Dana. I am speaking today as a farmer, future resident of Kaua`i, and as a past resident of Kaua`i. As politicians, I am sure you are all very familiar with the idea that "if the barge stops coming." Many of you have probably used that phrase in your speeches at events and the like, but I am here representing a generation for whom that phrase is "when the barge stops coming." It does not make any sense to plan for anything else. Haiyan is just the opening salvo for all we know. Global warming is a reality of our generation and this is the context within which this decision needs to be made. Sustainability for this island is a real thing. The Hawaiians did it for thousands upon thousands of years. One hundred seventy thousand (170,000) people on this island— not one (1) drop of pesticide, not one (1) drop of fungicide, not one (1) drop of miticide; no "cides" is okay. They had it wired. We do not need big corporations coming in and telling us that they are going to save the world with their brilliant ideas. It is time for the world to learn something from Kaua`i because Kaua`i is about doing things pono. Kaua`i is about "the Garden Island." If this thing does not pass, really, the next Bill you should put forward is changing our motto because if we cannot protect the very life that is the garden that we live in everyday, then why are we calling ourselves the Garden Island? I love this place. I hope each and every one of you loves this place. I think it is clear as day what needs to be done. Aloha. Chair Furfaro: Next speaker. Ms. Fountain-Tanigawa: The next speaker is Maria Maitino, followed by Lorilani Keohokalole-Torio. Chair Furfaro: You have the floor. MARIA MAITINO: Aloha Council. My name is Maria Maitino. I am a resident of Kilauea for ten (10) years. I have not personally felt the effects of the chemical spraying that has happened, particularly on the west side, but their suffering has affected me and all of us. I want to thank you for passing the Bill a couple of weeks ago. We all felt that the people had been heard. We had a voice. You were standing up for us. Unfortunately, the Mayor did not. Once again, we have shown up to speak to what to me is so obvious and so completely backward. SPECIAL COUNCIL MEETING 43 NOVEMBER 14, 2013 Why is it that the chemical companies, without asking, could show up and begin spraying toxic chemicals to devastate our island, health, and the land? But we have to come here begging you to consider asking the companies to disclose what they are spraying. There is something very wrong with this picture. The other point that was mentioned earlier by you, Gary, is can we really believe the State Department of Agriculture when they send out a press release in the last few days, that they have the intention to institute buffer zones and disclosure of what is being sprayed? Not for all of Hawai`i, just for Kaua`i. Why not the whole State? Why just before this final vote today? There is no track record that we can trust the State in past or now. I am trusting that you will see through this ploy, which is an action calculated to frustrate an opponent or gain an advantage indirectly or deviously, a maneuver. The State is not to be trusted to stand up for the keiki and the aina. We are counting on you, once again, to stand up for us. Please override the Mayor's veto and pass the Bill. Thank you. Chair Furfaro: Thank you for your testimony. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Lorilani Keohokalole-Torio followed by Angela Hughes. ANGELA HUGHES: Aloha distinguished members of the Council and Council Chair. It has all been said. I believe everyone before me now is familiar with this concern. The Bill measures are minuscule... Chair Furfaro: Please state your name. Ms. Hughes: Sorry, my name is Angela Hughes for the record. The Bill measures are minuscule compared to bans in place in many countries, including the outlaw of restricted use pesticides. Companies have an agenda, but are not a person. It is very important that we remember this. We, the people, are responsible. I believe that through our collective action and inaction, we have come to the world that we now know today in this present moment. It is not just through what we do, but what we do not do. Personally, I try to hold myself accountable in my actions and how I affect life around me— a work in progress, of course. As human beings, we have significant intellectual capacity and the power of affecting all life. It is my personal belief that with this capability and freedom comes responsibility. "Our freedom ends where another's nose begins." I encourage all of us to reflect on how our actions and inactions affect our habitat and lives. I encourage all of us present to connect to the life within us and the truth within us when making decisions of this importance. Thank you for your time. Aloha. Chair Furfaro: Thank you, Angela. Ms. Fountain-Tanigawa: The next speaker is Saisha Whitlock, followed by Eleni Cameron. SAISHA WHITLOCK: Aloha. I did not know I was testifying until just now. I feel like... Chair Furfaro: You need to introduce yourself first. Ms. Whitlock: My name is Saisha Whitlock for the record. Thank you for all of the work that you have been doing and hearing all of these SPECIAL COUNCIL MEETING 44 NOVEMBER 14, 2013 testimonies. I know how many more you need to hear right now. It is like someone said, "It is clear as day what needs to happen for the land, for the people, and for the kids." I just really hope that this veto gets overridden unanimously. Thank you all for what you are doing here. Aloha. Chair Furfaro: Thank you for your testimony. Ms. Fountain-Tanigawa: The next speaker is Eleni Cameron, followed by Blake Drolson. ELENI CAMERON: Aloha. My name is Eleni Cameron and I am here to testify in favor of Bill No. 2491. Encouraging the chemical companies to operate without restraint is harming our health and environment for generations to come. Much has been spoken about the health issues here today. I am here to speak as a member of the visitor industry. I strongly believe that if we do not take a stand to protect our greatest resource, which is the island, the aina, we will suffer economically as well. With Bill No. 2491, Kaua`i has been given a chance to reclaim its title of "the Garden Isle." The world is watching. There is national media attention focused on our island. How do we respond to this crisis? Do we want to be the leaders of ecotourism or a shining example of the community that has clean beaches and healthy land? Do we want to be known as the polluted island that used to be beautiful, but now the ocean is brown with runoff, as it often is on the west side? My family depends on the visitor industry here. This industry is the backbone of our island economy, not the chemical industry. The visitors to our island come for the pristine water and beautiful land. How long will the desecration of the land continue before the world takes notice and begins to vacation elsewhere? There has been much talk about the economy and jobs this Bill may affect. I believe that if we do not take action and stop these companies from polluting our land, water, and children, that the economic price will be far higher. The visitor industry brings in about fifteen billion dollars ($15,000,000,000) annually to the State of Hawaii. The chemical companies bring in two hundred fifty million dollars ($250,000,000). It does not make sense to sell out our biggest industry. I am here to ask you all to please work with the people of Kaua`i to keep this island pristine. Let us be an inspiration to the world. Mahalo. Chair Furfaro: Thank you for your testimony. To the County Clerk, could we read the next two names, and then we will break for lunch. We have one (1) gentleman here. Ms. Fountain-Tanigawa: The next speaker is Blake Drolson, followed by Ray Songtree. Chair Furfaro: Then we will break for lunch. You have the floor. BLAKE DROLSON: Aloha. Thank you. It is great to be here again with all of you. For the record, my name is Blake Drolson. I am a founding member of GMO-Free Kaua`i and Hawai`i Seed. When the Mayor vetoed the Bill, in his opinion, he wrote that Federal and State pesticide laws implied preemption. With all due respect to the Mayor, I believe he drew the incorrect conclusion there. I do not believe that power comes from above from some centralized Federal government under corporate domination, and then handed down to the State level, and then handed down here. I believe that power comes from the people and that is where real power is derived. I believe that the County Council, being the most SPECIAL COUNCIL MEETING 45 NOVEMBER 14, 2013 direct representation of the people, has the power. I believe that you have the power, not coming from above. I believe in the power of home rule and I believe you are in full authority to pass Bill No. 2491 today and protect the people of Kaua`i. If not you, then who? Who is going to stand up for all the people? We hear about all the medical stuff and we have heard it over, and over again. I do not believe the State is going to take this on. I do not believe that the Federal government is going to take this on. We need you to take this on because you are the only place where we have the power and a direct connection with you. We are lost at the State level. We become insignificant. At the Federal level, we become insignificant on top of insignificant. It is here that the County Council of Kaua`i is the representation of the people of Kaua`i and the only place that we have any power. I encourage you to not give into the fear of threats of lawsuit and coercion from these companies and these giant off-island international chemical companies. I encourage you to stay strong, be a champion for the people, not give into the fear, and do what is right and protect the people because they need relief. Everybody who has been talking today needs relief. I just encourage you to stay strong, be a champion for the people, override the veto, and pass Bill No. 2491 today. Thank you very much. Aloha. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Ray Songtree. Chair Furfaro: I do not see him here. It is 12:30 p.m., so I am going to break for lunch. It is our practice and by our rules to take one (1) hour for lunch. We will be back and continue with public testimony at 1:30 p.m. We are in recess for lunch. There being no objections, the meeting recessed at 12:30 p.m. The meeting reconvened at 1:49 p.m., and proceeded as follows: (Mr. Bynum is noted as not present.) Chair Furfaro: I want to share with you something that I asked the Staff about yesterday. As you may or may not know, this Council also has to be back in session tomorrow about another special consensus item. We did get a response from the Office of Information Practices (OIP), even though there was one agenda item for today. The fact that as long as the meeting is going on and I have not called it back to order, we have to leave the list open for testimony. The issue as it was presented to the City and County Honolulu does allow the Council to change its rules for the day, that any new speakers could be limited, and we could limit it to one (1) minute. We are going to be talking about a motion and a second so that we can do some business that addresses the speakers' list. Members, I would like to have a motion to limit any new sign-ups, even though I gave five (5) announcements during the morning session that limits any new signers to one (1) minute for testimony. There being no objections, the meeting was called back to order, and proceeded as follows: Ms. Yukimura moved to suspend the Council Rules for the day so that if a new person signs up to give public testimony, he or she is limited to one (1) minute, seconded by Mr. Kagawa. SPECIAL COUNCIL MEETING 46 NOVEMBER 14, 2013 Chair Furfaro: Thank you. I have a motion from Councilwoman Yukimura and second from Mr. Kagawa. Is there any further discussion? If not, can I ask for a voice vote? I do need all five (5) votes. Any discussion? You have the floor? Ms. Yukimura: Chair, if we have eighty-one (81) speakers left and they will be allowed to speak for three (3) minutes, but hopefully some of them will choose not to, that is four (4) hours of testimony. Then as others come from now on and sign up, it would be one (1) minute. We are already slated for four (4) hours more of testimony. Chair Furfaro: As I pointed out after discussion yesterday with OIP, I cannot stop testimony. Ms. Yukimura: That is correct. Chair Furfaro: Even though I gave five (5) announcements to the practice. Ms. Yukimura: Hopefully whoever will speak will try to be really concise in the interest of the time, so we can make our decision at a decent hour. Chair Furfaro: Thank you, JoAnn. The motion to suspend the Council Rules for the day so that if a new person signs up to give public testimony, he or she is limited to one (1) minute was then put, and carried by a vote of 5:0:1 (Mr. Bynum was not present). Chair Furfaro: Let the record show that for this meeting in particular today, our rules have been modified. Any further sign-ups will be limited to one (1) minute. On that note, we are going to go back to public testimony. Go ahead, Jade. Please read the next speakers. Ms. Fountain-Tanigawa: The next speaker is Mark Kennett, followed by Roberta Puakea. There being no objections, the rules were suspended. MARK KENNETT: Good afternoon. My name is Mark Kennett from Kaumakani, Kauai. I will make this very brief. I would like to see you guys sustain the veto from the Honorable Mayor. I think he has made a very wise decision in looking at all parts and aspects of this. To the members that will be voting today, we are a huge voting bloc also, and I would like you to keep that in mind. We do have your back if you so choose to stand up, be strong, and not be intimidated. We will be behind you. Thank you very much. Chair Furfaro: Thank you very much. ROBERTA PUAKEA: Good afternoon County Councilmembers. My name is Roberta Puakea. I am a west side resident and registered voter. I am here to support the Mayor and veto of Bill No. 2491. We have to wonder if this Bill has made a positive impact on our community or if has shed a cloud that is bigger SPECIAL COUNCIL MEETING 47 NOVEMBER 14, 2013 than Hurricane `Iniki. It has produced a whirlwind effect that is just going in a giant circle. Although some feel that it is the seed companies, it is not. It is people. The Mayor took a stand against what some thought would be a sure win, but turned out to be not what they wanted, so here we are full circle. It would be nice if we would just let the Mayor do his job as he stated and work with the State. Let us work as one, live aloha, and move forward. Let us work to bring love, aloha, respect, and integrity back to the island. Keep the veto as it stands. Do the right thing. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Brian Watson, followed by Rich Hoeppner. BRIAN WATSON: Aloha County Council. For the record, my name is Brian Watson. I am a mad scientist now; not just a scientist, I am angry. I am here to support the Mayor's veto. I have problems with Bill No. 2491 because it blatantly discriminates against four (4) companies against a sea of folks that use pesticides on this island. It also discriminates against the people who work for the companies who will be fined and imprisoned for spraying glyphosate when a janitor at a school can easily go to his supply closet, pull out a bottle of glyphosate, and spray it on the sidewalks. It does not make sense to me. I also have a problem because I live in the United States of America where I am innocent until proven guilty. People have fought and died for that freedom. You do not know that people are getting sick. You do not know that people are getting sick from the seed companies. You do not know any of that. What we do know is that there are medical professionals out there who are probably violating all kinds of Health Insurance Portability and Accountability Act (HIPAA) laws by testifying about their patients on public record. You have no third party studies and no outside sources telling you anything that is going on. I have a problem with the idea that the same folks who want to commit these unethical acts are the same folks who say the seed companies should not have a seat at the table when talking about a joint fact finding study that needs to be objective and have scientific integrity. This Bill is flawed. I do not want to see Mauna Kea go gray over this and I do not want to see our tax money wasted in a court battle over this. We do not have the resources. We should have taken the Mayor's recommendation for the deferral to work on the Bill more, but now it is too late and we have to throw it out. It is too late because you are influenced to rush this Bill forward and it flocked on the spot. Also, I would like to point out that a lot of you have the Joint Fact Finding Group (JFFG) Resolution hanging over your head, thinking that you have to pass this Bill to get a study. To think you need disclosure to do a scientific study is just wrong and to tell people that is wrong. As a scientist, I would salivate over a blind study. That is the basis of every objective, unarguable study. Mr. Hooser has already had a list of RUPs. Do the study and move forward. It is like a deck of cards; face-down and you want to find the ace of spades. Anyone can pick that ace of spades if the back of the cards are marked with black. What you need is a deck of cards that are all the same, and then you need to ask the correct questions. "Is there a problem?" "Which card is the problem?" To run around with the answers to your study, seeking those answers is an investigation. That is something Mel hit on when talking about the Resolution. It is not a study. With that, lastly, God rarely gives us second chances. This is the second time around. This is in your lap. It is time to make the right choice. Thank you. Chair Furfaro: Thank you for your testimony. SPECIAL COUNCIL MEETING 48 NOVEMBER 14, 2013 Ms. Fountain-Tanigawa: The next speaker is Rich Hoeppner, followed by Sol Kahn. RICH HOEPPNER: Aloha Councilmembers. Wow. You have heard it all today. You have heard the same testimony I have heard. I have testified, given testimony numerous times on this Bill, and as you know, I was against this Bill as it was written. If I would have had an amendment, I would have written an amendment to stop all spraying immediately upon passage of the Bill because the spraying is what is causing the problem. If you do not think there is a problem, then you should vote for the veto. It is not going to end here. We are not going away. We are going to continue our efforts. Next year, there may be some of you that will not be on this Council. We may have a different Mayor. We are going to get something through to protect our Cana, our water, our air, and protect our people on this island. I will guarantee you that we are going to do that. It does not really matter how you vote because we are not going away. We are going to be here and we are going to keep fighting for what we want. Thank you. Chair Furfaro: Thank you, Rich. Ms. Fountain-Tanigawa: The next speaker is Sol Kahn, followed by Carol Dudney. SOL KAHN: Aloha. My name is Sol Kahn. Aloha Councilmembers. Thank you very much. I am not going to take a long time. I never do. You guys hear everything. Basically to me, to spray pesticides on crops, experimentally, on a small island is absurd. It is also the easy way out. There are a lot of organic farmers that do it without pesticides and especially with the amount and frequency of pesticide use and they grow beautiful crops just fine. We do not need to do it. With the legalities of the Bill— go ahead, fight it, and go for it. What a chance. What an opportunity to really stand up and say, "Let us test this thing." You guys made it, voted on it, and passed it. The Mayor vetoed it and he did not do as much resource as you guys did. Do not be scared. Fight this thing. This is a great opportunity to stand up in front of the world. My friend just got back from Hungary and Croatia. Half of the people that he talked to asked him about Bill No. 2491. They asked, "Why is it taking so long?" It is all over the news over there. He was blown away. He came back and told me this and he was so excited and proud to tell me that. I was excited and proud to receive it. Pass the Bill, do the right thing and look in your hearts. Look out for the local kids, please. Thank you. Chair Furfaro: Thank you, Sol. Ms. Fountain-Tanigawa: The next speaker is Carol Dudney, followed by William Walker. Chair Furfaro: You need to start by introducing yourself. CAROL DUDNEY: Aloha. I am Betty Carol Dudney. I talked to you once before and I do not have... my voice is not very good today, so I am not going to say very much. I am just here to ask to you override this veto. You have done a great job. We need it, the people need it, and the world needs it. It is a difference between people's health, people's right, the land, and the health or the profits of a few. It is not a complicated thing. Mahalo. SPECIAL COUNCIL MEETING 49 NOVEMBER 14, 2013 Chair Furfaro: Thank you, Carol. Ms. Fountain-Tanigawa: The next speaker is William Walker, followed by Antonio Pope. WILLIAM WALKER: Hi, my name is William Walker. I am hoping that you will override the Mayor's veto. I moved to the west side, Port Allen, about ten (10) years ago. I used to ride my bicycle up into the Waimea Canyon. I had a little garden up there. I would take the bus to Waimea, pedal on up the Canyon and then pedal back down. We did not have a Sunday bus back then, so on Sunday, I would have to pedal from `Ele`ele to Waimea. I was in fairly decent shape back then, but in that ten (10) years, my breathing has gone steadily downhill to the point now where I am on supplemental oxygen. All the doctors can do is say, "Well, you have COPD," which pretty much means that you have something wrong with your lungs. Nobody knows why, how, or what. I cannot really point any fingers. I would like to point out a couple of other things. I had an Acerola Cherry Tree that I had to cut down last winter. I used to get bumper crops of cherries off of that, but over the past three (3) or four (4) years, there were fewer and fewer cherries. I finally figured out what it was. The honey bees were not coming around anymore. There were no more honey bees. This is in Port Allen. I used to grow bumper crops of tomatoes in my backyard. People would hate to see me coming because they knew I was going to give them a whole bunch of tomatoes. Nobody in my neighborhood can grow tomatoes now. There is some kind of blight that has developed that gets on these tomatoes, the leaves turn brown, and they fall off. You cannot grow a tomato plant. I would like to kind of sum things up by asking you to remember a few years back, a thing called "cigarettes" and "lung cancer." Remember how there was no correlation between smoking and lung cancer? Well, that is what they are doing now is that they are trying to use cigarette science to keep on going with this GMO thing, and this GMO thing is not going to work. It just will not work. It is against nature. That is all I have got to say. Chair Furfaro: Thank you for your testimony. Ms. Fountain-Tanigawa: The next speaker is Antonio Pope, followed by Susan Tai Kaneko. ANTONIO POPE: Aloha Council. My name is Antonio Pope. I was born and raised in Koke`e. For the rest of my thirty-six (36) years, Waimea, and currently living in Kaumakani. I have three (3) kids that reside with me in Kaumakani, surrounded by GMO fields. All of my kids are healthy. They do not have bloody noses or seventeen fingers and toes. All of my kids are healthy and looking good. I work for the corn company, Dow AgroSciences. I support the Mayor's veto and I think that you guys should follow soon because from the get-go, this Bill was discriminatory and unjust. In any religion and any country that you go to, you do not pick out one section of business or population and tell them that they cannot do what they have been doing their entire lives, and then tell the rest of the County, "You guys can do whatever you guys want. Spray all of the pesticides you guys want. You guys do not have to be accountable for anything." These guys over here... that is where I come from as far as the Bill. As far as RUPs, the County of Kaua`i uses more RUPs than the corn companies put together. It is called "chlorine." They use it safely. They use it responsibly with professionals and treat the drinking water every day. If we are so bad to say that we are irresponsible, you would know it because there would be some evidence. You guys are looking for SPECIAL COUNCIL MEETING 50 NOVEMBER 14, 2013 evidence. There is no evidence. We use it responsibly just like how you use chlorine responsibly. We use the chemicals responsibly with professionals. Sorry, I am a little bit shaky because I did not write anything down. I am just throwing it out there. Everybody is talking about this "canoe," but they only want to shoot the person in the front of the canoe, nobody wants to talk about the guy in the back of the canoe. You guys want to talk about canoe, talk about the whole canoe. Do not just pick out one (1) passenger in this canoe. Thank you. Chair Furfaro: I do want to share something with you. Through the County's Capital Improvement Project (CIP), we are in the process of converting our chlorine wastewater treatment plants to an ultraviolet ray system. I just want to let you know that it is going to take us a number of years, but we have identified that in our CIP plan. I just wanted to share that with you, so you know what we are doing on that part. Thank you for your testimony. SUSAN TAI KANEKO: Good afternoon Council Chair and Councilmembers. My name is Susan Tai Kaneko and I support the Mayor's veto. I usually provide testimony to say that we need to work together and find solutions together. My opinion has not changed, but something else has been tugging at my heart, and since Monday, my heart has had to go with the testimony that is led by my faith and not only by my mind. My message is that we need to step back and shift through all the theatrics and the dramatics, and truly look at what we are doing. Are we performing the role that the big man upstairs has intended us to have? Will we put aside ego, political and financial aspirations, and serve as good stewards with the responsibilities and privileges that God has given us? I will tell you this, and I hope my Pastor is listening, I am conflicted because I raised my voice this morning at people who made what sounded like anti-Semitic comments to one of our industry's Jewish employees this morning in that silly mele over the line-up outside. I am convicted because I raised my voice because people were pointing fingers at Aunty Stephanie Iona's face, yelling about how our folks could not save seats and relinquish them. Not add people to the line, but relinquish them to some of our cohorts. I should not have raised my voice, even though earlier the day before, Mr. Hooser came out to harass some of our guys and tell them that they could not line up and save seats. Though later that morning, Mr. Hooser drove in with... I believe it was Paul Achitoff, who was greeted by the Bill supporters and whisked right into the first ten (10) people in line. Apparently, "what is good for the goose is not good for the gander." See I am conflicted again because it is not for me to judge, but still I get upset by those things. It is offensive to see how people have begun to behave, just like myself, because of this Bill. You have an illegal Bill before you that your own Attorney advises you against, and you have an alternate program that was just announced by the Governor's Office to help address the concerns of the community. You see, the work can be done, but not by a legally flawed Bill. Your job is as a public servant and to serve the public, and yes it is your job, but when it is all said and done and at the end of the day... and this is where this is the kind of testimony that I do not usually provide, but the question is, will you ultimately have remembered who you have to serve? At the end of your days, will you be confident that you will hear him say as people mock me here because of my faith, "well done, my good and faithful servant." I respectfully ask you to support the Mayor who did what he felt was right. Please sustain his veto. It is not about being heroes, rock stars, or being the center of the universe where everyone is watching. It is really about finding the right solutions and legal solutions. I really do ask you again, as I have in my previous testimonies, let us all work together to find the right solutions. Thank you. SPECIAL COUNCIL MEETING 51 NOVEMBER 14, 2013 Chair Furfaro: Mr. Hooser wants to speak to you. Mr. Hooser: I have been trying to keep my questions limited, but since you raised my name, I felt compelled to reply. It has nothing to do with your faith whatsoever. I have great respect for your faith and the faith of everyone in this room. I forget which company you work for, Susan. Ms. Tai Kaneko: I work for Syngenta, proudly. Mr. Hooser: What is your role at Syngenta? Ms. Tai Kaneko: I am their Community Outreach Manager. Mr. Hooser: You do community outreach for Syngenta. You have been there for three (3) months or so? Ms. Tai Kaneko: Yes. Mr. Hooser: There was a young man who testified earlier today, Tyler. Were you here in the room when Tyler testified? Ms. Tai Kaneko: I was not. Mr. Hooser: Tyler was sitting downstairs with three (3) other individuals, who are described as "down and out" or people who were not employed by the company or by anyone. I went down to talk to Tyler and I said hello to the other people there. I have known Tyler for many years. Tyler said he was hired to hold seats for... I guess you folks. Did you folks hire these people to hold seats for you? Ms. Tai Kaneko: Mr. Hooser, Syngenta has not paid anyone to do that. Mr. Hooser: Do you know who did? Ms. Tai Kaneko: I do not. This is... Mr. Hooser: Please be quiet in the audience. Ms. Tai Kaneko: This is what I just really have to address... Mr. Hooser: No, let me ask a question here for a second. Ms. Tai Kaneko: Okay. Mr. Hooser: You accused me of harassing the workers down there. Ms. Tai Kaneko: Because I heard directly from them. Mr. Hooser: Okay. I am telling you to ask Tyler or ask someone other than... I am not sure who you asked. I walked down there and said hello to a few people and I harassed nobody. I talked to my friend and my son's SPECIAL COUNCIL MEETING 52 NOVEMBER 14, 2013 friend Tyler, who testified here today. The question is did the chemical companies hire these individuals off the street to hold space for them? Ms. Tai Kaneko: Well, I cannot answer that, Mr. Hooser. Mr. Hooser: Thank you very much. Ms. Tai Kaneko: This is exactly the kind of dramatics that I am talking about. I really do want to be part of this process to reach some great solution. Mr. Hooser: Okay. I would suggest that you do not call me out at a public meeting and expect me not to come back and clarify things. Ms. Tai Kaneko: That is very fair. Mr. Hooser: If you want to ask for respect from the Council, then you show the respect. Thank you. Chair Furfaro: Susan, thank you for your testimony. I also want to say that respect starts with everybody listening very carefully. I heard what you had to say, and yet, there are times that even when I deal with the Mayor... we have a relationship that means there are times that we agree to disagree. Let the record note that your testimony was accepted by us in the spirit it was given. Ms. Tai Kaneko: Thank you. Chair Furfaro: Mr. Bynum. Mr. Bynum: Hi, Susan. Ms. Tai Kaneko: Hi, Mr. Bynum. Mr. Bynum: Yesterday we had a meeting and when we ended the meeting, I heard there were people outside lining up for today's meeting. I went downstairs and I introduced myself to everybody who was in that line. Ms. Tai Kaneko: Thank you. Mr. Bynum: The first four (4) men are men that I know because they are frequently here on the front lawn of the County Council. I greeted them and spoke to them. I was present when Mr. Hooser discussed this thing you alleged and I did not witness anything inappropriate. I know those four (4) men to be homeless men who are frequently on our County lawn because I engage them. This is my home and I am here every day. I just wanted you to be aware of that. I have listened to your testimony very carefully because we have known each other for a while and you have done such wonderful work in our community. I ask you to review your testimonies early in this process when we were not, under our rules, allowed to respond. You asked a lot of open-ended questions. I ask you, as a friend, to review that testimony and you tell me if it is in the spirit and retrospect of what you are saying here today... the kind of spirit that we need. This is a difficult situation, but I was present when these things happened. I do not know why those men were there and who paid them or any of that, but I know that there was no SPECIAL COUNCIL MEETING 53 NOVEMBER 14, 2013 harassment occurring. There were two (2) Councilmembers engaging members of the public, who were on both sides of this issue, with respect and aloha. That is what we do and that is what happened there. I want to give witness to that. Thank you. Ms. Tai Kaneko: May I please respond to that? I will be very respectful. Mr. Bynum: Yes, please. Chair Furfaro: That is my decision, not yours. Mr. Bynum: That is the Chair's call. Chair Furfaro: Please be brief, but you may respond. Ms. Tai Kaneko: Councilmember Bynum, thank you for saying that. I do believe we are friends. The four (4) homeless people that you referred to, I have no idea who those are, so I will not be able to reflect on that for you. I will go back, indeed, and look at my testimony. I have actually looked at all of my testimony leading up to today, which is why my testimony has been of such a different nature. Off the top of my head, I have to say that I do stand by it. But with all due respect to you, I will review it. I would love to be able to sit down with you and talk to you about what you might have found "disagreeable." Mr. Bynum: Susan, in today's testimony, you stated that Councilmember Hooser harassed people in front of this building. Enough said. Ms. Tai Kaneko: I guess that is a difference of perspective, but I respect what you had to say. Mr. Bynum: You stated it as a fact. Enough said. Chair Furfaro: Susan, thank you for your testimony. Ms. Tai Kaneko: Thank you, Chair. Ms. Fountain-Tanigawa: The next speaker is Judah Freed, followed by Rob Michael Sun. JUDAH FREED: Aloha. I am going to change the energy here a bit. My name is Judah Freed. I am a resident of Kapa`a. I am the author of the book "The Dawn of Global Sense." Vandana Shiva wrote the foreword, which is your frame of where my orientation is and why I am supporting the idea of overriding the Mayor's, in my opinion, misguided veto. My views are shaped by thirty-five (35) years of experience as a Public Policy Journalist and three (3) decades of teaching rhetoric and propaganda, mostly at a college level. I have seen the GMO agricultural companies use almost every propaganda trick to defeat Bill No. 2491. An example would be the use of logical phalluses. For example, say that voluntary disclosure will work when on the record, as far as I know, it never has. That is like the example of insanity that we are often hearing about doing the same thing over, and over again, and expecting different results. Another example is the "straw man argument" claiming that the Bill as passed will cost jobs, especially in the agricultural industry. There is nothing in the Bill that will cause SPECIAL COUNCIL MEETING 54 NOVEMBER 14, 2013 any job losses for the GMO farm workers. In fact, the Bill may actually create jobs for the disclosure requirements and the mandated studies that the pesticides impact; not just jobs at the GMO companies, but jobs across the island. I think the real economic risk is this Council needs to consider is the threat of a national and international visitor boycott of the island of Kaua`i if this Council does not override this veto today. I have talked to somebody during the summer hearing that was held at the Veteran's Center, who had been consulted by one of the mainland volunteer organizations, and they asked her to review the literature that they had been preparing to support a boycott Kaua`i campaign. She actually told me she had seen the literature. I have that on recording if you need it. If that were to actually happen, I think the result would be rather than us talking about the possible loss of one thousand (1,000) agricultural jobs which I do not think are truly at-risk, we would be talking about the loss of tens of thousands of very real jobs on island in the visitor industry. I think that has to be very much in your minds. I think the worst-case scenario would be that we could be looking at an impact like Iniki, financially. Already, national and international media attention is causing visitors to cancel their reservations at the resorts. Call the resorts and verify this. Do not take my word for it. With Kaua`i being seen as ground-zero in the struggle for controlling pesticides, I think it is important to realize that the whole world is watching this island and what you do today. I just got an E-mail yesterday that there is media consortium that will be spending reporters to the island to cover what we are doing, whether you guys pass this or not. Ms. Fountain-Tanigawa: Three (3) minutes. Mr. Freed: Be aware of it. I think my time is almost up. Chair Furfaro: Your time is up, so please summarize. Mr. Freed: I really support you guys in unanimous overriding the veto. Mr. Kagawa, I encourage you to stand up and continue earning the good reputation that you gained by your vote last time. Mr. Rapozo, there is a bandwagon that I would really love to see you on. Thank you, Council. I appreciate you being here and doing your due diligence. Thank you. Chair Furfaro: Thank you. About your testimony, I want to say that I have the resources to follow the reservation cancelations of five (5) major hotels here that I opened. Please do not overstate what you believe is happening because I have been tracking it since I have seen so many E-mails to that effect. Mr. Freed: I would be curious to know what numbers you have seen this far. Chair Furfaro: I would be glad to meet with you. Call my Office. I did not say it was not happening, but let us not exaggerate. Mr. Freed: Okay, but I do know the risk is there. Chair Furfaro: I agree with that, but I do not want the number to be exaggerated. Mr. Freed: I do not have a hard number. Thank you. Chair Furfaro: Thank you. SPECIAL COUNCIL MEETING 55 NOVEMBER 14, 2013 Ms. Fountain-Tanigawa: The next speaker is Rob Michael Sun, followed by Isobel Storch. ROB MICHAEL SUN: My name is Robert Vincent Gio. I am following the spirit name of"Rob Michael Sun." I am new to Kaua`i as of last year and this is going to be a much different approach than anybody that you have seen today. If that is okay, I just want to accept that permission granted by the Council? Chair Furfaro: The time is yours. Mr. Sun: Thank you. I would like to just start this opportunity to give thanks for everybody being present and showing up in their hearts and their highest state of consciousness for what is best for humanity as a whole. With that approach, and with this opportunity that I have been given by spirit, I just ask that we just take a brief moment to go inside of ourselves and reflect within the unity that we truly are without any blame, shame, guilt, or judgment from any corporation, company, or any of these things. I just want to breathe with you all. I am just checking in on the heart frequency and what feels right inside of us today as a divine unit, humanity, an example for all that we stand for, and as an opportunity to reflect crystal clear consciousness without any judgment upon anybody, any place, or anything. How can we enter a divine unit when if our divine source that lives within us? Come together. Help each other. Grow and expand. How can we breathe with each other and gain our true aloha spirit back to where we came from? Ms. Fountain-Tanigawa: Three (3) minutes. Chair Furfaro: Thank you very much. I do believe that high spirit brings high ideas. Thank you. Mr. Sun: Thank you for your opportunity to receive each and every one of you and for allowing this to happen. Ms. Fountain-Tanigawa: The next speaker is Isobel Storch, followed by Taryn Dizon. ISOBEL STORCH: Aloha Mr. Chairman and members of Council. Thank you again for the opportunity to speak before you today. My name is Isobel Storch and I operate a small family farm on Kaua`i. Although I am now retired from the practice of law, I was a Municipal Lawyer for the city of Pittsburgh and other municipalities and school districts in western Pennsylvania for thirty-two (32) years. If you wonder why I know the exact date, it is because I gave birth to my daughter two (2) weeks after being admitted to the bar of Pennsylvania, so 1979 was a pretty eventful year for me. Imagine the experience of taking the bar exam when you are six (6) months pregnant. In my years of representing the city, I researched and litigated many, many contentious issues and understand the absolute necessity of having a sound legal argument and considering all sides of the issue before going forward. In all candor, I have not done my own legal research on this legislation, but I have read Bill No. 2491 and believe it to be legally sound. I say this because Ms. Tico, Mr. Achitoff, and other lawyers who submitted testimony provided you with a very thorough and comprehensive review of the State of the law. They have the experience and expertise, and I think you can comfortably rely on their opinions as opposed to the one-sided opinion written by the County lawyers SPECIAL COUNCIL MEETING 56 NOVEMBER 14, 2013 which I have commented upon previously. Furthermore, you have nine (9) months after passing this legislation, within which to tweak any problems. These lawyers are offering to work for you for free. There is absolutely no cost or harm here if you override the veto and I recommend that you do so. In closing, I would add just a little bit of humor. If I were licensed to practice law in Hawai`i, I would also offer to represent you pro bono, but that would require that I take the bar exam again, which is an experience much worse than giving birth or even raking up chicken poop. I will leave the "lawyering" to others and I will stay on the farm. Mahalo for your time. Chair Furfaro: Thank you for your testimony. Next speaker, please. Ms. Fountain-Tanigawa: The next speaker is Taryn Dizon, followed by Lyle Robinson. TARYN DIZON: Good afternoon Chair Furfaro and Councilmembers. My name is Taryn Dizon, a born and raised Kaua`i resident and resides in beautiful Kekaha. Mahalo for this agenda item. I am asking all of you to sustain the Mayor's veto. Big agricultural industries have been around since the late 1700's. Chemical use, dust, and irrigation are not new. In fact, our agriculture industry had created communities like no place else in this world. I have been living in Kekaha since the plantation days. Now with the seed companies in my backyard, I feel much safer for my family and kids, as well as friends. My kids were raised in Pakala by a very healthy and strong woman who resides there for over fifty (50) years. So if all of these accusations were true, how would she keep up with my two (2) boys? The residents from Kaumakani, Makaweli, and Pakala Camp are the strongest people that I see. They do not even have paved roads. We need to heed to our County's Attorneys, as they are educated and have the knowledge and experience. The Bill may have a good intent, but it needs to be legal to all and I do not support spending our money in court, but putting it towards good use. This Bill has no facts or evidence behind it, but a lot of emotions. For example, the amended Bill states that we need to notify beekeepers of sprays. If I truly live in ground-zero, as the introducers of this Bill has painted, then why do I have a bee infestation problem at my house? Why is my family being entrapped in our house daily? Why does my family get chased into the house by these bees? If the introducers of these Bills checked with vector service, they would have told them that I had this problem for more than four (4) years. I have video and pictures if you want them. I feel for the families that have health problems, but I have my own experience, we never blamed anyone. I do remember playing house with my cousin who is two (2) days younger than me and comforting her daily as she had her seizures. What GMO company existed a quarter mile above Kapa'a High School in late 80's? This is why we need a real study and real data instead of throwing accusations around. The earlier presenters talked about "cides." I myself, as well as schools, depend on "cides," such as germicides and rodenticides to protect our keiki. All "cides," if used incorrectly, can cause harm. That is why our seed industry employees are well-trained in order to protect our community, as well as themselves. Other speakers also said that Native Hawaiians never used "cides," but what was the life expectation then. That is why when my kids turned one (1), our culture is to have a huge celebration as most Hawaiians never made it past one (1). In summary, with the Emergency Planning and Community Right-to-Know Act (EPCRA), we already have the "right to know act." With Tier I and Tier II reporting, we do not need another bureaucracy. I support the Mayor's veto and I just need help with the bee infestation at my house. Thank you for your time. SPECIAL COUNCIL MEETING 57 NOVEMBER 14, 2013 Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Lyle Robinson, followed by Joseph Schwartz. LYLE ROBINSON: Aloha. Good afternoon Councilmembers. My name is Lyle Robinson. Thank you again for your serious attention and dedication to this Bill. I would like to begin with a quote from one of the great progressive minds of the 20th century, Margaret Mead, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed it is the only thing that ever has." More than thirty (30) communities in New Jersey have enacted pesticide bans on public property. New York and Connecticut have enacted statewide bans on pesticides around schools. On July 22, 2013, Takoma Park, the Maryland City Council unanimously passed the "Safe Grow Act of 2013," which restricts the use of pesticides on public and private properties throughout that city. This example in Maryland is the first time that a local jurisdiction has used its authority to restrict pesticide use broadly on private property, exercising its responsibility to protect the health and welfare of its residents through local government. The responsibility and the right of local government to protect public health and the environment were affirmed by the United States Supreme Court Case Wisconsin Public Intervenor v. Mortier on June 21, 1991. In this case, the court affirmed the right of local government to regulate pesticides that are not explicitly curtailed by the State. Hawai`i is one (1) of only nine (9) States that does not prohibit adopting local pesticide legislation. That is, our County absolutely does have the legal right to pass this form of legislation. Globally, there is a growing momentum of support to ban or restrict both dangerous pesticides and GMO practices. In Canada, both provinces of Ontario and Quebec have adopted bans to such great extent that even the Home Depot stopped selling traditional pesticides in all stores across that entire country five (5) years ago. Following, is a constantly growing list of countries that currently have full or partial bans on testing or importing genetically engineered foods and/or crops: Italy, Austria, France, Switzerland, Germany, Luxembourg, Portugal, Greece, Hungary, Bulgaria, Spain, United Kingdom, Norway, Australia, New Zealand, Thailand, China, Philippines, Japan, Saudi Arabia, Egypt, Algeria, Brazil, Paraguay, Mexico, and Peru. We are not asking for a complete ban. We are asking for what should already be our right— buffers and disclosure. Please do your civic duty as elected officials of the County of Kaua`i, given the duties of representing the will of the people of Kaua`i, and give us all the right to know what specifically these biotech agricultural companies are doing here on our island. For the sake of the keiki, the future really does depend on it. Chair Furfaro: That is your summary. You went beyond the three (3) minutes. Ms. Robinson: Okay. Thank you. Ms. Fountain-Tanigawa: The next speaker is Joseph Schwartz, followed by Candace Freeland. JOSEPH SCHWARTZ: Hi, good afternoon. My name is Joseph Schwartz and I support the override of the Mayor's veto. It is hard for me to say what has not been said already because so much has been said on both sides. I want to thank the Council for their patience and commitment to endure all of these SPECIAL COUNCIL MEETING 58 NOVEMBER 14, 2013 testimonies and everything that has been said. It is pretty nice to look around the Council Chambers and see all of the pictures of the past County Councils and the Board of Supervisors. There is a lot of people who care passionately about Kaua`i and really love the island of Kaua`i as you can see all of the people gathered outside. I have a Master's Degree from the University of Hawai`i in History, so I want to give everyone a little bit of an historical perspective on GMO crops. The first thing is, I guess, smoking. Remember in the 1950's, four (4) out of five (5) doctors recommended camels and you see them in ads, puffing away in the doctor's office with the pregnant woman who is also smoking. We laugh about it now, but back in the day, they said smoking is safe. We found out that it was kind of bad science and that is what GMO is, bad science. In the 1950's, they would let off nuclear explosions like Bikini Atoll and other places in the South Pacific. They would watch it with sunglasses. They did not know much about radiation at the time. Now we look back and laugh at the foolishness of it and I think future generations will look back at GMO crops and kind of wonder what we were thinking, and laugh at us. It is kind of hard to have that historical perspective. They also said the nuclear energy is safe, but look at Fukushima. That was another big "oops" and I hope they do not have a big "oops" on Kaua`i, in particular, for people's health. I really feel emotional when people give those testimonies about getting cancer while living in Waimea. I think if you can avoid just one (1) person getting sick, I think the ban will have been well worth it... not the ban, but the disclosure. It is looking like a ban if it moves forward in this direction. I think everybody here sees the writing on the wall and once you inform people, and the cat is out of the bag, you cannot take away that knowledge. If people know that they are being poisoned, you cannot just take away people's awareness. I think it is going to be moving towards that and this is just the first step, so you have a long road in front of you. I see the sign for thirty (30) seconds, so I will wrap it up. The last thing I want to say is voluntary disclosure of self-regulation— everyone knows here that has kids, you self-regulate with a bowl of candy. How about if we had self-regulating taxes? You just pay the Feds what you think is fair. I do not think it works. Self-regulation from the State and the Feds... everybody knows it is a joke. I think it is up to you guys, the County Council, to really step up here and put us in the right direction of disclosure. Ms. Fountain-Tanigawa: Three (3) minutes. Mr. Schwartz: To sum up, think forward, think for the future, and have some perspective. It is not just disclosure; it is a ban on all GMO crops. Let us protect the health of the aina, the citizens, and for tourism. No one is going to want to come to a poisoned island, and then most of us will be out of a job. Thank you. Chair Furfaro: Thank you, Joseph. To those of you in the audience and those of you outside who have purple wristbands, if you do not come back into the Chambers to take your seats, I am going to instruct the staff to give those seats to other people, and that will be effective at quarter to 3:00 p.m. If you are outside and you have an assignment, be in your seat or else we will give your seat away. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Candace Freeland, followed by Crystal Jefferson. CANDACE FREELAND: Aloha Council. Thank you for waiting through all of these weeks and months. So much time and effort has gone into this Bill and a lot of people who are volunteering their time who not getting paid and SPECIAL COUNCIL MEETING 59 NOVEMBER 14, 2013 they have got families and rents to make, and all of that. The people have committed their time to addressing this issue. It has been hard. Petitions, rallies, marches, testimony, and meetings— it has gone on and on, week after week, month after month. Every day of that time, the spraying has continued. While we have been sort of playing around in the arena of legislative process, the agrochemical companies are continuing to dump tons of chemicals on our island. I wonder if they had to go through a similar process to get the entrance to our island to take over thousands of acres and put the chemicals on them. Did they have to get petitions signed? Did they spend months petitioning the County Council, crafting legislation, or getting some kind of permission to do what they do? It brings me to the question, why is it so easy to abuse the environment? Why is it so difficult to protect the environment? That is really what it is getting down to; we want to protect our island. I also work in the tourism industry. I am a wedding photographer and I know that so many people come here because they want to get away from the pollution, toxicity, and the crowdedness of the mainland. They have an idea that when they come to Kaua`i, the air will be clean and the waters will be clear. The feeling will be a relief and it will be like a visit to paradise. We really do not want visitors coming to Kaua`i, going home, and saying, "I went on vacation to Kaua`i, to paradise, and I came home with a staph infection from swimming in the beaches. Poor Kaua`i, they are poisoning paradise. There is nowhere else to go. It is everywhere." We have a chance to protect this very fragile environment in the middle of the Pacific Ocean. We have no freeways. We have no polluting industries, so to speak, except now. What is it that is causing the pollution here? Do we want to live with that or do we really want to set an example that the health of the environment is more important to us than the dollar? I thank you for all of the work that did you to craft the Bill and pass the Bill overwhelmingly. Ms. Fountain-Tanigawa: Three (3) minutes. Ms. Freeland: Now you have the chance to stand behind your Bill and override the veto. It is an awesome opportunity. Mahalo. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Crystal Jefferson, followed by Alice Switzer. CRYSTAL JEFFERSON: Hi. My name is Crystal Jefferson. I am here on behalf of my keiki who were born here on Kaua`i. I came to Kaua`i to give my kids a better life, clean air, and a safe place. I discovered over three (3) years ago that this island is being used as a testing ground for the seed companies. My family and I took a trip to Polihale, and then did I see for my eyes, the very situation on the west side. I have since discovered these testing fields growing closer and closer to my home here on the east side. For the last two (2) years, my family has experienced respiratory issues and coughs lasting months at time. This has never been an issue for me. It seems like we are healthy for a month or two at a time, and then our coughs are right back again. I can only imagine how those on the west side of the island feel being so closely exposed. Disclosure is so important to the medical community so that they know how to be treating the ailments and if it can be linked to the pesticides. I support the override of the Mayor's veto. Mahalo. Chair Furfaro: Thank you. SPECIAL COUNCIL MEETING 60 NOVEMBER 14, 2013 Ms. Fountain-Tanigawa: The next speaker is Alice Switzer, followed by Lionel Gambill. ALICE SWITZER: I want to say thank you all for being here... Chair Furfaro: You have to introduce yourself first. Ms. Switzer: My name is Alice Switzer. I am a resident of Kaua`i and a voting member of this community. I want to thank you for all of your hard work that you guys have put into this. This has taken a lot of hours of everybody's time, so I want to be as brief as possible. You came forward and said it was important that we had the right to know and you unanimously did this. I understand that we want to work as a whole for Hawai`i and I understand what the Mayor is trying to do, but we already asked for the information and it was not provided. Then we submitted petitions and it was not provided. If I want to go out in the water, I can look up on the internet what the winds are and where the waves are. I do that as a precaution for my health. If we are now spraying all of this stuff, should I not be able to just look that up and say, "Wait, I am staying out of this zone today." It is that simple. For pesticides, sometimes people are more sensitive or not as sensitive. We are not asking you to make those kinds of choices, but we are asking you to inform the people who live here so we can make the precautions we need to make for our own future, so that we can protect our kids and our reefs. We do not even know what is involved anymore because we hear so many things but we do not have the truth in front of us. This issue is not going to go away. It is not going to be resolved by this Bill. This is the beginning and we need to know what is happening in our environment so we can make educated choices of where we are going. I guess that is it. Thank you Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Lionel Gambill, followed by Rita Manderfeld. LIONEL GAMBILL: Mr. Chairman and Councilmembers, I yield to my loving wife, Sonya Song, who often has important things to say. Chair Furfaro: We will be happy to give the time to your bride. SONYA SONG: Thank you, Lionel. My name is Sonya. I am not only Lionel's better half, but I also work as a volunteer mediator for Kaua`i Economic Opportunity (KEO) and the court. Lionel and I just moved from Berkeley, California to this wonderful island two (2) months ago. Lionel is a World War II Veteran who just celebrated his 88th birthday. He is a life-long environmental activist and is he receiving treatment for late stage prostate cancer. That is why we have to leave early sometimes for his doctor's appointments, and then he will come back. That shows how important this issue is for us. We are here to support you to override the veto. I do not want to repeat Margaret Mead's quote, but I do want to say that now the world is watching to see if groups of committed citizens of a small island in a vast ocean can change the world. We are here to salute you for your courage to stand up to giant corporations, and that courage does not end here; it is contagious. Thank you. Chair Furfaro: Thank you very much. SPECIAL COUNCIL MEETING 61 NOVEMBER 14, 2013 Ms. Fountain-Tanigawa: The next speaker is Rita Manderfeld, followed by Nicole Lee. Chair Furfaro: I have to make a housekeeping announcement here. In five (5) minutes, the tape will have to be changed. What I would like to do is take the caption break at the same time for the tape change break. Thank you. You have the floor and start by introducing yourself. RITA MANDERFELD: Aloha Councilmembers. My name is Rita Manderfeld. I am a registered voter and resident of Kapa`a. When this began, I was very pregnant. Now my three (3) month old daughter waits outside for me. We are here because we are supporting the override of Bill No. 2491. On Tuesday, I learned that America has slipped from 50th to 51st on the Central Intelligence Agency (CIA) world's ranking of life expectancy after birth. I also learned that cancer is the new leading death in America for America's children. As a mother of two (2), I do not know what to do with this information. It is extremely scary. I do not know how you protect your children from cancer. With the new numbers, that is one (1) in three hundred (300) boys and one (1) in three hundred thirty-three (333) girls. That means almost thirty-seven (37) kids a day are being diagnosed with cancer in this country. I, like you, have sat here and listened to experts, scientists, and doctors including pediatricians who heed us with the warning to take a look at our pesticide use in our homes, on our food, in our land, and in our air. As a parent with this information, I must act accordingly which means that I do not spray pesticides in my house or around my house. I think that as a Council, passing this Bill... you passed it to be protective of our land and to be cautious, so that we can find out and investigate the things that are causing these cancers, sickness, or problems to our island. Sorry. I humbly ask for my children and myself that we can override the Mayor's veto on Bill No. 2491. Thank you. Chair Furfaro: Thank you for your testimony. One last speaker before we go to a tape change. Ms. Fountain-Tanigawa: The next speaker is Nicole Lee. NICOLE LEE: Aloha. My name is Nicole Lee. I was born and raised in Waimea Valley in Kekaha on the west side. As a west side resident, I am asking you to pass this Bill and do what is pono to ensure the safety of our keiki, first and foremost. I am a mother of two (2) young boys. My first son was born completely healthy, but my second son here, Pa`akamana`o, was born with an extremely rare heart defect called Hypoplastic Right Heart Syndrome along with many other organ abnormalities. This defect is not genetic, according to Geneticists who tested us at Kapi`olani Medical Center, as well as Rady Children's Hospital in San Diego. Upon the birth of Pa`a, we were shipped immediately from O`ahu and then shipped from there to San Diego because our son was dying. His heart was unable to pump his own blood through his body. He was hospitalized for almost six (6) months and endured nine (9) surgeries during those months; two (2) those being open-heart surgery. I had to resign from my teaching position in Kekaha and we now have to survive on one (1) income. My son will live a life of constant medical attention. He will not be able to engage in aerobic activity. He is scheduled for his next open-heart surgery in May because as he grows, his heart function declines. If heart corrections stop doing the job to keep him alive, he may have to have a heart transplant between the ages of five (5) and ten (10). We live day-to-day thanking God that he is still in our lives. Now I know there is no evidence yet of pesticides SPECIAL COUNCIL MEETING 62 NOVEMBER 14, 2013 contributing to his heart defect, but there is a correlation between the fact that there is a lot of pesticide use on the west side and there is a great incidence of heart defects to children born on west side. All I know is that while pregnant, I was not a user of tobacco, did not drink, and did not use drugs. I took every precaution to grow a healthy baby inside of me. I did not even take ibuprofen because I am informed that it can be harmful to my unborn child. Without disclosure of pesticides or studies to prove whether they are safe or unsafe, I cannot make an informed decision on behalf of by unborn child, which I should have the right to do. Do I not? By not passing this Bill, you are telling me that I do not have the right to know. In one (1) letter delivered by medical professionals to the Mayor, several doctors point to specific and rare birth defects. According to a doctor on the west side, I quote, "Recent CDC statistics put transposition at one (1) in three thousand three hundred (3,300); hypoplastic left heart at one (1) in four thousand three hundred forty-four (1,344) births; and hypoplastic right heart, which is what my son has, at one (1) in seventeen thousand (17,000) births." In last three (3) years, we have had seven hundred fifty (750) deliveries. This gives us an incidence of fifty-three (53) in ten thousand (10,000) births for these defects. National United States data shows an incidence of five point five (5.5) in ten thousand (10,000) births, so that says that we have ten (10) times the national rate of these rare heart defects on the west side of Kaua`i. Without the basic right to know provisions provided by Bill No. 2491, we, the people, bear the unfair risk of health impacts due to possible exposure. I know you have heard these facts and you ask, "Where are these people? They are just statistics." But I am right here and Pa'a is right here. He is not just a statistic. We are the people. We are the people of the west side and we are the people being affected directly by your choices, Councilmembers. Why should we wait and expose ourselves without choice until pesticides are proven harmful? Should we not do the studies first? If I had known, I would have chosen not to expose my unborn child as I innocently worked day in and day out in Kekaha. Chair Furfaro: Excuse me, I hate to interrupt you, but we are running out of tape and your three (3) minutes has passed. Could you quickly summarize? Ms. Lee: Without disclosure, I have no choice and I have no knowledge. You are taking away my right to know. Buffer zones, disclosure, and environmental studies— this is not too much to ask. I know I cannot change Pa'a's life, but maybe if we act soon, we can protect the lives of the unborn children who are relying on us and on you to make the choice to protect them. Thank you. Chair Furfaro: Thank you. We do wish you all the best with Pa`a. We are on a fifteen (15) minute break. There being no objections, the meeting recessed at 2:55 p.m. The meeting reconvened at 3:13 p.m., and proceeded as follows: Chair Furfaro: This Council is back in order. We will continue taking testimony. To the Clerk, I would like you to let me know when we come to the testimony that will be regulated at one (1) minute. Thank you. Ms. Fountain-Tanigawa: Sure. The next speaker is William Ash, followed by Meredith Murphy. SPECIAL COUNCIL MEETING 63 NOVEMBER 14, 2013 WILLIAM ASH: Good afternoon. My name is William Ash and I am a registered voter. I have been here with you through some form or another in this entire endeavor, helping to keep support for the people in this or doing whatever it takes. I did not realize that little boy was even hurt. He was down next to the curb, came up to me with a bubble wand, and we sat there and blew bubbles, but I had no idea what was wrong with him. Somehow through this discovery process, this thing that has come up to you, I believe it is very similar. These people that run these chemical/pharmaceutical companies are not good neighbors. They are taking advantage of the workers and the people who live on the west side; hard working, honest people. They are using every political tactic they possibly can to cloud the issues and they try to have their way and keep on doing what they want to do. These people depend upon you to do what is right by them. I know it is going to be a hard decision. I was there when the Mayor made his announcement and I saw what happened. I do not know why it happened that way. I do not know why the Mayor made that decision. I am very disappointed in him. I am hoping that you will take action and help us in this matter. Please overturn the Mayor's veto. Thank you. Chair Furfaro: Thank you. The next speaker is Meredith Murphy, followed by Walter Ritte. MEREDITH MURPHY: Hi. I am Meredith Murphy. Thank you for taking this time. I implore you to quash the Mayor's inaction to override the fact that he did not sign. We need to have our voices heard as the people, the citizens, and the taxpayers of Kaua`i. We need to keep the destiny of our future in our hands at the County level, not depending on the State or Federal to take care of it. What the chemical companies are doing is so questionable. I implore you to move ahead, pass the Bill, and override the Mayor's lack of signature. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Walter Ritte, followed by Stephanie Ortega. WALTER RITTE: Aloha Councilmembers. My name is Walter Ritte from the island of Moloka`i. First of all, I want to say mahalo for passing the Bill. Great job. There were lots of hard work, listening to the people, and giving hope throughout the whole State that democracy actually works. It was really a good deal. You guys placed some regulations over an industry that really needs regulating because they are on all the islands. Today we are here because of the politics. The Mayor, I guess, flexed his muscle and said "no" and maybe to solve it by joining forces with State, which none of us really believe. His veto was a surprise, pretty outrageous, and reflected badly on all of your hard work. I could not believe the amount of work you did and he just vetoed the whole Bill. His veto is part of the democratic process and that is why we are here today. Now you can defend your Council's decision by simply getting six (6) unanimous votes and overriding his veto and that is what everybody is hoping for, that you guys stand your ground and defend what you guys have done. This has nothing do with whether or not the Bill is good or not; it is whether or not you are going to follow the lead of the Mayor or follow your own lead. We are hoping that you guys will stand your ground and override this veto. Thank you. Chair Furfaro: Thank you, Walter. SPECIAL COUNCIL MEETING 64 NOVEMBER 14, 2013 Ms. Fountain-Tanigawa: The next speaker is Stephanie Ortega, followed by Klayton Kubo. STEPHANIE ORTEGA: Aloha. My name is Stephanie Ortega. I graduated from Hawai`i Pacific University with a degree in Public Relations (PR) in 2008. I was "Miss Congeniality Hawai`i" in 2008. I lived in Kona and O`ahu for seven (7) years. I am Ms. September 2014 Babes Against Biotech. I was not sure if I should testify today because I am living on Kaua`i for only a couple of months. I lived in Colorado. I feel obligated to speak up for Kaua`i as a resident of the Hawai`i State. I feel obligated to speak up for the future generations of our keiki and I feel obligated to speak on behalf of the tourists who visit this paradise. I am the voice of all of the people that love Hawai`i around the world. The world is watching and listening, and they are tuned in to what decisions are made here today. From a Public Relations standpoint, I do not have to tell you that this is bad publicity. As a PR professional, I advise you to override the veto and pass the Bill to save your visitor industry. The contribution of tourism made to the economy of Hawai`i far surpasses the agriculture of these GMO chemical companies. GMO chemical companies pay no State General Excise Tax (GET) since they sell no product here; only export seeds and open-air experimentation on us. They receive numerous tax breaks from the Federal government and owe over one hundred thousand dollars ($100,000) in taxes to this County. We all have a right to know what pesticides are being sprayed, what time they spray, and how the spraying affects the residents here in Kaua`i. In my opinion, the importance of this issue does not just affect the island of Kaua`i or the State of Hawai`i, but affects the world as a whole. This past year, I lost my father to intestinal cancer. The year prior to that, I lost my brother to congenital heart disease. Seven (7) years prior to that, I lost my grandmother to lymphoma cancer. Why are our mothers, fathers, and families dying from cancer? Why are our children born with birth defects? The courageous mother who just spoke with her son who has heart defects— I pray for. I pray for his future and hope his fate is different from that of my brother's. This affects the future generations of the world. All we ask is that these companies disclose what they are spraying and what genetic traits they are experimenting with. I am here to ask for a unanimous override of the Mayor's veto. This is our kuleana. Please do what is right. Mahalo for your time. Chair Furfaro: Thank you. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Klayton Kubo, followed by Allison Thalmann. KLAYTON KUBO: Aloha Councilmembers. Klayton Kubo, Waimea, Kauai. I kind of heard some heart wrenching testimonies here today. Even me, right now, my pu'uwai is really aching right now. Either way, whichever way it is going to go, there are no hard feelings to anybody, especially you guys, the people outside, but this has been too long. We need something done. The State— I do not know how they are going... even though it is December 1st. I had a talk with somebody last night. We need to clarify this about the... what is that? The notifications. They are not telling us what they are spraying. They are only telling us when they are going to spray. We are talking three (3) weeks straight; they have been blowing... evening and morning. I think about it and I say to myself, "We do all of this effort just to get protection to people that really need the protection." There are people out there that need the protection. There is no doubt. My heart tells me that for many, many years now and it seems like we always have to battle either the State, now it is the County, the Mayor, and the companies. Who is going SPECIAL COUNCIL MEETING 65 NOVEMBER 14, 2013 to be next? Please think from your hearts and we definitely need some help. There are people out there. Anecdotal or whatever people keep saying— there are kids, adults, and people out there that need help. We live in a fire line in Waimea, Kekaha, Pakala, and Kaumakani. We need help. I do not know where else you guys are going to look for the proof. I have no idea. For me, it is many, many years already. We have got to get some help. I say to you guys now. I am being very emotional, but we need some help. It is in your guys hands. I do not know what else you guys are thinking in your brain. We need major help. Please do something. Chair Furfaro: Klayton, that was your three (3) minutes. Mr. Kubo: My three (3) minutes is up? Chair Furfaro: Yes. I do want to tell you that I confirmed your comments there about the notice for twenty-one (21) straight days of spraying. I have done a cover letter and I am saying, "Is this what we can expect?" Mr. Kubo: Mr. Furfaro, it is all there. Chair Furfaro: I just want to let you know that I wrote to that particular company. Mr. Kubo: Do not get me wrong. No matter what happens, I love everybody. Even the people who are working for these companies, I love them all. That is it. I am just here doing what I have got to do. That is all. Chair Furfaro: Thank you. Mr. Kubo: Please do what you guys have to do is right. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Allison Thalmann, followed by Kathy Haskins. ALLISON THALMANN: My name is Allison Thalmann. Aloha. Good afternoon Councilmembers. Mahalo for allowing us all to speak today. This is my first time actually giving testimony and I am a "Babe Against Biotech." I support the override of the Bill No. 2491 veto. I am here as a thirty-one (31) year old female and future mother. I have been in Kaua`i for two and a half(2.5) years. I currently live in Princeville. I moved here as a travel Therapist, working at Garden Isle Rehab as an Occupational Therapy Assistant, working with our kupuna. I had the privilege of working with some of the most beautiful and sweetest people I have ever known in my entire life. There was a very special bond created between us and with our culture, learning and gaining new knowledge on different cultures, ethnicities, and backgrounds. A lot of our conversations were centered on food and different dishes from their homes. These kupuna I speak of touch my heart and my soul. I am very honored to have been there to help them through hard times. I love my patients and their families, and I want to always fight for them and be an advocate for those who cannot speak, hear, or use their voices or feelings. These kupuna worked on the sugarcane fields. Their stories brought me to tears and some of these family members now reside on west side and work for the agricultural companies. Whether they do or not, I still entirely support every single person in SPECIAL COUNCIL MEETING 66 NOVEMBER 14, 2013 this room. I am not trying to be overbearing as far as my side; I just love people. I feel that there are a lot of uneducated people on the topic of toxicity and what is taking over our world. I feel that what we are really putting in our bodies is not really healthy stuff. What are we doing? We need to know what is in our food. We need to know what chemicals are being sprayed and what is going in our bodies so people do not get sick, or people can get better, providing better health care and food for the people. In my profession, I learned the importance of love, trust, ethics, kindness, and most importantly, the impact of healthy nutrition on our human bodies. Our bodies are our temples and our vessels of creation. We need to treat them with respect and love. We have to override this Bill. We have the right to know. We have human beings. There is uproar of illnesses here, as well as around the country, from increases in diabetes, Attention Deficit Disorder (ADD), autism, obesity, cancer, and respiratory; the list goes on and on. We are not going to sit back and do nothing. We need to pass this Bill. We need to complete more studies on the effect of GMOs, restricted use pesticides, and what they have on humans; not by experimenting without disclosure or regulations. This Bill is to give us buffer zones and disclosure. This is a simple Bill. There is also an outrageous amount of people, including my father-in-law who fought for our country in Vietnam. Many contracted cancer while being exposed to Agent Orange, which I hear is on this island through coconut wireless, of course. We need to know... disclosure. How many veterans do you know have had similar reactions? We need to learn from our past and help the present and future. Thank you very much. Please pass the Bill. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Kathy Haskins. KATHY HASKINS: Good afternoon Council. I am Kathy Haskins, resident of Kekaha. I support the Mayor's veto of this Bill. I would like to recall something that he wrote in his opinion. It is not word-for-word, but it was to the effect that he is the Chief Executive Officer of this County. As such, he took an oath to uphold the laws of this County, this State, and of the United States of America. I respect that opinion. I do not know what kind of oath you folks took, but I do know that you are here to represent all of the people of the County of Kaua`i. I know that the County Attorney gave you advice that this law was not defensible in court. Yet, you still passed it. I do not know why... maybe in fear from the misguided and very vocal minority of your constituents. I would like to urge you to do the right thing and uphold the Mayor's veto for the majority of your constituents. Protect the taxpayers of this County. Thank you very much. Ms. Fountain-Tanigawa: The next speaker is Chad Pa, followed by Nathan Dickinson. CHAD PA: Aloha mai kakou Councilmembers. My name is Chad Pa. If I seem a little emotional, it is because it really hits home to me. I am speaking on behalf of my girlfriend and my unborn son. She cannot be here, but I want to share a story of what is going on with me. My son has a condition called "Gastroschisis." Basically, the stomach is on the outside when he was born. I had to fly her up to Arizona. I have been without her for two (2) months, working and trying to figure out what causes this. I have been looking at all kinds of different research and have been doing it on my own. I came across four (4) other friends of mine that had the same condition. It breaks my heart that I have to go through this. I do not come here to point fingers, fight, or segregate anybody, but something is wrong with this. There are so many coincidences. They SPECIAL COUNCIL MEETING 67 NOVEMBER 14, 2013 could not perform the surgery, so she is up there. I am trying to read this, sorry. "It has been more commonly found in the islands of Hawai`i and there have been several studies of scientists who (inaudible) Gastroschisis with a chemical called "Atrazine."" I would love to provide my resources. They say that the chemical is sprayed more here on this island than anywhere else on the world. When they did the studies— there is a study from Washington where the women in an area of a sixty (60) mile radius was something like one (1) in eight thousand (8,000). Now the condition is one (1) in three thousand (3,000). You guys voted 6:1 before and I love the support for that. I am beyond thankful. I just hope you guys take care of the aina and our children so we do not have to go through this. Maybe it is too late for my son, but maybe we can educate someone else. I am a Hawaiian Studies major and got my Bachelors at the University of Hawai`i. I wish we could go back to konohiki days where everything was non-pesticide and non-GMO. The ahupua'a system was perfect, but we cannot because we are too involved in the Western system. Maybe we can share with the future generations of what we are actually spraying out here. I am just speaking on behalf of my girlfriend and my unborn son. I do not blame anybody, but I just want to stop the poisoning and educate somebody. Something is wrong here. I just want to stop this. Put yourself in my shoes. I have to move to Arizona. I am from Kalihiwai. I have to go up there and bring a baby into the world that has to get cut open right away. I am doing laulau fundraisers right now. It is hard. I just want to come here and share my story. I do not want to point fingers, but just consider that something might be wrong on this island. Something might be wrong. Children do not deserve this. E ola mau na keiki o ka aina. Mahalo ke akua. Thank you guys. Chair Furfaro: Next speaker. Ms. Fountain-Tanigawa: The next speaker is Nathan Dickinson. That ends our three (3) minute round, Chair. Chair Furfaro: We are on a one (1) minute round now? Ms. Fountain-Tanigawa: He is the last speaker. Chair Furfaro: You are the last speaker of the three (3) minute round. Go ahead. NATHAN DICKINSON: Hello everybody. My name is Nathan Dickinson. I am from Waimea Valley. You guys heard my wife's testimony a few hearings back about my son, who has the brain bleeding with seizures. All I am asking is for you guys to use your hearts and make the right decision because how much more children have to deal with this? Look at this guy who just gave his testimony. How much more children have to go through this? My son is not the only kid in the valley that has the same thing that he has with the brain bleeding and seizures. They do not know where it is coming from. This is why it is important that this Bill needs to pass. We need studies to be done. Look at that guy, put yourself in his shoes, and put yourself in my shoes when you have to deal with a kid that you do not know how it is going to be like day-to-day. Of course we do not know what everything is going to be like day-to-day, but their health is not guaranteed. There are things that can be done by lessening the use of pesticides, but first we have to know what kind of pesticides are there, so if they get sick, we know how to treat them. How are we supposed to treat them if we do not know? My last thing is that we have got to start taking care of our island. We live on an island; we do not live on the mainland. We live on a small island. We have to take SPECIAL COUNCIL MEETING 68 NOVEMBER 14, 2013 care of this place. What will our children have? What will we leave for their children? Like Klayton said, please use your hearts when you make this decision. I thank you guys for making the decision before. It should not be hard to make that decision again. Thank you. Chair Furfaro: Thank you for your testimony. By our rules, we ended our three (3) minute speakers. Now we have amended our rules to accommodate everyone to one (1) minute testimony. Who is our first one (1) minute speaker? Ms. Fountain-Tanigawa: The first one (1) minute speaker is Ka`iulani Edens. KAIULANI EDENS: Hi. I am Ka`iulani Edens. You guys know me. We went to school together. I call you "aunty." My mom worked with you. I am a Hawaiian National living in the still sovereign nation of Hawai`i, illegally occupied by the United States Military industrial complex of which you are the administrative entity. I deal with two (2) to five hundred (500) visitors a day at Koke`e Natural History Museum. They ask me about these signs and when I tell them what is going on as objectively as I can, from what I know, because I am kind of on the outside of this fight; most of them say they would not have come here had they known that this was occurring on this island. They are disappointed that they have spent money to be here when this is happening in a place that is clearly an inappropriate place to be happening. We never thought we would be facing this. Chair Furfaro: Ka`iulani, I have to tell you to please summarize because that was your one (1) minute. Ms. Edens: Yes. I just want you to remember what we had, aunty and what kind of beach we swam at, Mel. Our kids... we ran through cane fields and nobody got hurt. I just want you to remember what we had and maybe our community could have a little bit of that back. Thank you. Chair Furfaro: Thank you, Ka`iulani. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Christi Demuth. CHRISTI DEMUTH: Aloha. My name is Christi Demuth. I worked all day and ran down here just so that I could look all of you in the eye and beg you one last time to ask you to override the Mayor's veto and just give us the meager protections that this Bill offers. I do not believe that the companies will ever give complete disclosure unless they are forced to. I do not believe they will give five hundred (500) feet buffer zones unless they are forced to. I am here one more time, begging you to please override the Mayor's veto. Thank you. Chair Furfaro: Thank you. Our next speaker is someone who was in the queue from this morning, so he will get three (3) minutes. Ms. Fountain-Tanigawa: The next speaker is John Parziale. JOHN PARZIALE: Thank you for hearing my testimony. My name is John Parziale. I would like to start off with a firsthand account of an agricultural/chemical poisoning of children on Kaua`i; not a hypothetical one, but one that happened fourteen (14) years ago. Two dozen children were sent to Wilcox SPECIAL COUNCIL MEETING 69 NOVEMBER 14, 2013 Memorial Hospital after being sprayed accidentally by agricultural chemicals. I know that because I was there. I saw some of those children come into the emergency room at Wilcox Hospital with burning eyes, burning lungs, and children struggling to breathe. I would not wish those images on anyone, but I really believe that your job and your choice today would be a lot easier if you saw what I saw on that day. The second point that I really wanted to speak to in my testimony was that this community is behind you. We are here. You have activated a politically aware constituency that is not going away. We are behind you, and aside from this issue becoming like a litmus test, and not just your "yes" or "no" votes, but all of your actions that surround this Bill will be remembered. I hope that you will not just think of your political career, but instead, of your legacy as human beings with a historic opportunity to create change. You also stand in solidarity with countless other communities in this country and around the world that are fighting to protect the health of their people and their environment. If a company can sue for their right to spray next to schools and to keep their toxic cocktails of toxins secret; if they can sue and they can win, then there is something wrong with that. There is something fundamentally wrong with that. We need to change that. This process is that change. I thank you again for the opportunity to speak to you today. Thanks a lot. Chair Furfaro: Thank you, John. Our next one (1) minute speaker. Ms. Fountain-Tanigawa: Alex Hawk, followed by Leilanna Wong. ALEX HAWK: Aloha everyone. My name is Alex Hawk and I am from Kilauea. I want to thank you for passing the Bill. You guys all realize that this is for us and for our children. We cannot be bullied by these big companies. They are going to keep doing this and trying no matter what, but I am glad you are listening to us. We are concerned for our health and everybody's health. I realize that people are afraid to lose their jobs, but just the fact that the companies are afraid to disclose what they are doing, something is wrong. Thank you. I hope you override the veto. Aloha. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Leilanna Wong, followed by Tapu Laughlin. LEILANNA WONG: Aloha Council. My name is Leilanna Wong. I am eleven (11) years old. I was born and raised on Kaua`i. My sisters have had stomach problems since the day they were born and we took them to Honolulu, the emergency room (ER), and seen many doctors. None of them knew what was going on with them. We almost lost my dad twice because of stomach problems as well. The doctors did not know what was going on. I want to know if my family on the west side; my sisters, my dad, and my children will be safe. I ask you to override the veto. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is Tapu Laughlin, followed Nanea Marston. SPECIAL COUNCIL MEETING 70 NOVEMBER 14, 2013 TAPU LAUGHLIN: Iorana. My name is Tapuali`i Tapu. I come from Tahiti. Chair Furfaro: Iorana. Bonjour monsieur. Mr. Laughlin: Bonjour. I am married to Mahinanani and we live on the north shore on Hanalei. I come to support my friends like Barca and Fern, and all of this movement. I just wanted to say that many years ago, we had a similar case in Tahiti where the nuclear and all of this came to Tahiti. Whatever the decision they made today, many years and many decades, plenty of our generation has cancer and thyroid. I lost my father. There are many, many cases. I just want to say that there is the similarity, maybe not as dangerous whatsoever, for you guys over here. Kaua`i is such a beautiful place and such a paradise that for me who comes from Tahiti, it is probably the island that looks like where I am from. The only thing I wanted to say is that as a songwriter and singer, I am inspired and just write songs like this. When I lay at night, I pull the blankets of my two (2) children, two (2) boys, and as I look into their eyes, it takes you to another dimension. The only thing I wanted to say was to you people, decision makers... I do not want to point fingers here because this is not my homeland, but look far down and listen to the voice because you will not make a mistake. Just listen and be inspired to listen to that voice. Mauruuru. Iorana. Merci. Chair Furfaro: Merci. (Inaudible). Ms. Fountain-Tanigawa: The next speaker is Nanea Marston, followed by John Tyler Cregg. NANEA MARSTON: My name is Nanea Marston. I know I only have one (1) minute. I guess I sit here feeling pretty defeated. I have lost a lot of faith in our Government and a lot of faith in our elected officials. I am disappointed for a lot of the weaknesses in our system and I cannot imagine what Hawaiians must have felt like during the overthrow of our kingdom, always maintaining hope that wrongs would be made right. This Bill asks for our right to know and I do not understand how anyone cannot grant us that. How can you go home tonight and sleep, knowing that you could have made a difference? How can there be so much overwhelming support and you guys not hear our cries. To think for a second that these chemical companies will cooperate, play nice, and suddenly tell us the truth is a joke. It makes everyone who believes that, especially the Mayor, look like a fool and that these chemical companies are counting on us being fools. These chemical companies come here to where life is a little simpler and maybe a little slower, and bank on the fact that we or you guys are not smart enough to know the difference. They put their money on that and they have done that. To them, we are modern-day savages unfit to lead our own nation and unfit to decide for ourselves what we want and what is safe or good for our `ohana and our aina. Thank you. Chair Furfaro: Thank you. Ms. Fountain-Tanigawa: The next speaker is John Tyler Cregg, followed by our last registered speaker Andrew Cabebe. JOHN TYLER CREGG: Hi ladies and gentlemen. My name is John Tyler Cregg. I am the person that started up the Kaua`i Rescue Tube Project that you have probably seen all across the island. Dr. Downs and the Rotary Club have continued with that. For the first two (2) years of that program, I was spearheading SPECIAL COUNCIL MEETING 71 NOVEMBER 14, 2013 that and I went up against a lot of different "nay-sayers" saying, "You could be sued. What ifs..." I knew in my heart that I knew what to do and I could help save lives. Right now, there are over fifty (50) or sixty (60) people that have their lives saved because I knew that I could help them out. I am speaking directly to Ross Kagawa and Mel Rapozo. Mel, I have heard you have been a police officer to protect and serve, too, and you have the duty right now, the possibility, to really look into the future and save people's lives from a lot of torment and pain in their bodies. I ask you and I ask Mr. Kagawa to really think that you can be true leaders where the Mayor has not been a leader. He has looked to the legal opinions that were flawed that we have seen. Ms. Fountain-Tanigawa: One (1) minute. Mr. Cregg: I am asking you guys to really look in your hearts to say that you can save lives and go beyond what the legalities possibly thought they could do. You can do it. Thank you, gentlemen. Chair Furfaro: Once again, I do want to thank you on behalf of the County for the work you have done with water safety. It is much appreciated, especially on our island where we have had some very bad outcomes. Thank you very much. Mr. Cregg: Thank you Chair. It is my heart and I am glad you guys are voting from your heart as well. God bless. Chair Furfaro: We have a question for you from Mr. Bynum. Mr. Bynum: John, during that process, were you aware of the County Attorney opinions that said we should not do this and there is a liability, et cetera? Mr. Cregg: Yes, I was. Mr. Bynum: Thank you. That is all. Chair Furfaro: Thank you again. I believe we are on our last speaker. Ms. Fountain-Tanigawa: Council Chair, this is our last registered speaker for one (1) minute, Andrew Cabebe. ANDREW CABEBE: Aloha. Andrew Cabebe. Here we are. I really want to thank the people for their diligence in learning. I know a lot of you did your work and your studies, or else we would not be here right now. I just will say that know in your heart that you did the right thing here. If you think you did not, then leave here and put it on the doorsteps before you leave. Do not take it home with you because you will be heard, and then you have to be accountable. I would just like to say one last thing about the buffers. I have been always saying that the buffers should be around Hawai`i, the whole island. We know what it is doing out there. We have seen it. Chair Furfaro: Thank you, Andrew. SPECIAL COUNCIL MEETING 72 NOVEMBER 14, 2013 Mr. Cabebe: I have one last thing. (Inaudible) around the rivers, all the way around, and keep the GMO if we have to, on the other side of the slope so it does not drain down into our rivers. We need that to clean our oceans. I know it is in the ocean already. I just look at the water and I know. It is your decision. When I first came here, I caught every fish on my island and I had to go to other islands to catch the fish. I know the water. Mahalo you guys. Thank you. Chair Furfaro: Thank you. On that note, that was our last speaker. I am going to call our meeting back to order. You signed up and we missed you? I am sorry? Come right up then. The rules are still suspended. I have not called the meeting back to order. Introduce yourself. KAT BRADY: Aloha. I am Kat Brady. I am here from O`ahu for the Association of Hawaiian Civic Clubs Convention. I am very interested in this issue. This morning at plenary, Nainoa Thompson spoke, and he is known to say that "Hawai`i is a canoe. This is all we have. We cannot run an electric line or a pipe to somewhere else. This is it, which makes everything really, really precious." Everything has to be looked at like twenty-eight (28) carat gold. It is really important. The last thing I want to say is the voice of the people is really strong. You have support of your community, so I thank you very much for the vote you have taken. I urge you to override. In the words of Queen Lili`uokalani, "The voice of the people is the voice of God." Thank you Chair Furfaro: Thank you for your testimony. On that note, I am going to call the meeting back to order. I am going to cover a couple of procedural things. I am going to ask the members a few questions as we come close to needing to have a recess. Given the language that we are dealing with here, to override the Mayor's veto, a motion would need to be to "move to approve the Bill No. 2491." A motion to approve Bill No. 2491, Draft 2, will be required to override the Mayor's veto. It is very clear in our rules that that reestablishes the Bill and with five (5) votes, it actually overrides the Mayor's veto. That is the motion that should be done. I would also like to know commentary at the table here. If members want to have time to speak, I will want to enforce the ten (10) minute rule. If we have many members that are going to speak, then the reality is that maybe we should take a recess before we speak because after you speak, I will actually call for the vote with a motion. What is your choice? Mr. Bynum. There being no objections, the meeting was called back to order, and proceeded as follows: Mr. Bynum: I have not made any real public comments since the Mayor's veto and I would like to make a comment. The ten (10) minute rule would be more than sufficient. Chair Furfaro: Would you like to do it before the recess or after the recess? Mr. Bynum: It is up to you, Chair. Chair Furfaro: Okay. You will leave that with my discretion. Mr. Hooser. SPECIAL COUNCIL MEETING 73 NOVEMBER 14, 2013 Mr. Hooser: I have remarks also and I will leave it to your discretion, but yes, I have extended remarks. This is the last time we are going to speak on this. Thank you. Chair Furfaro: Are there any further comments? Mr. Rapozo: Mr. Chair, sixty (60) minutes is an hour of discussion. I am not sure where we are on the caption break. I would hate to get interrupted by a caption break, so maybe it is best we take a ten (10) minute break of whatever you decide, and then we can get right into it and conclude the meeting without having to break again. Chair Furfaro: Thank you for that suggestion. I think that is what we will do. I will take the caption break and we will allocate fifteen (15) minutes for the caption break. When we come back, because I have called the meeting back to order, we are in session and I will recognize everyone that wishes to speak. You will be subject to the ten (10) minute rule. I will hold my comments, as Chair, for last. Is that acceptable? Okay. It is five (5) minutes to 4:00 p.m. We are going to break to 4:10 p.m. We are in recess. There being no objections, the meeting recessed at 3:56 p.m. The meeting reconvened at 4:16 p.m., and proceeded as follows: Chair Furfaro: I will call this Council Meeting back to order. On that note, I would like to ask the Clerk to actually read the agenda item. MAYORAL VETO: Bill No. 2491, Draft 2 — A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE 22 TO CHAPTER 22, RELATING TO PESTICIDES AND GENETICALLY MODIFIED ORGANISMS: Mr. Hooser moved to override the Mayoral veto and for adoption of Bill No. 2491, Draft 2, seconded by Mr. Bynum. Chair Furfaro: Mr. Hooser, I think you want to have the floor first. Mr. Hooser: Yes, Chair. Chair Furfaro: I have asked them to set the timer for nine (9) minutes, giving you one (1) minute of summary. Mr. Hooser: Thank you. Members, we are at the end of the trail as they say, and I am hoping that we can get closure today. Obviously, I am hoping that we can pass and override the Mayor's veto because this issue is not going to go away. If we do not pass it today, there will be other bills and other marches. There are other concerns. We will not be able to put this issue to rest unless we deal with it in a meaningful manner. The people do have the right to know. We are asking for very simple and basic things here; disclosure, buffer zones, and a comprehensive study. It seems so simple. Just give us good information, stop spraying next to schools, and let us study the issue to determine the safety of our community. But all we have gotten is "no, no, and no." The quest for information... we are fighting for the truth. We have been unable to get the truth. This Bill, if SPECIAL COUNCIL MEETING 74 NOVEMBER 14, 2013 passed today, would resolve that. I have learned a lot over these past four (4) months. I had no idea when the Bill was first introduced that these mothers, fathers, and doctors would come out. I do not know these people. I knew there was an issue and a problem, but I had no idea of the depth of the problem until this Bill was introduced. I do not know how anyone could not support the simple disclosures and buffer zones knowing what we know today. When the doctors from KVMH put into writing that there was ten percent (10%), in their mind, higher incident of congenital heart defects, that was enough for me. Now to hear these folks come forward is just overwhelming. The doctors have stepped up. We had over fifty (50) doctors who testified in support of this, the Hawai`i State Teachers Association (HSTA), one hundred fifty (150) people from the west side who were suing, nurses, and hotel workers. There were just so many people that have stepped forward for this Bill. Even Dr. Bal and Dr. Pang in their personal capacity, District Health Officers for Kaua`i and Maui, have testified in support on their own behalf. Still, we get a "no, no, and no" and we get threatened with lawsuits. The companies threaten to sue us for the right to poison next to schools. Yet, we had over nine (9) attorneys step forward; a former Hawai`i Supreme Court Justice who is now retired said this Bill is solid; Earthjustice; Center for Food Safety; Terry Tico, who testified earlier; the former President and Chair of the Kaua`i Bar Association; Harold Bronstein, a well-known local attorney; Alan Murakami, testifying in his own behalf, with the Native Hawai`i Legal Corporation; Denise Antolini at the University of Hawaii at Manoa Richardson School of Law; Elif Beall; and many, many others who all say that we have the right to protect the health and life of our community. All sides of the lawyers say that no law, no statute, and no court decision prohibit us from stepping up to defend our community. No law, no statue, and no court decision prohibit us from doing this. That is clear. Lawyers on both sides have said that. Four (4) lawyers have stepped up. Two (2), Teresa Tico and Peter Schey, have said that they will defend the County for free, for nothing and that they will defend the County and take it all the way. Two (2) other law firms, the Center for Food Safety and Earthjustice, have also said they will also defend community groups in this Bill. It will cost the County nothing. Nothing. We have nine (9) months before it takes effect. We can settle our court issues during these nine (9) months or we can amend the Bill if possibly needed. There are no legal concerns, legal fear, or no legal cost. Now, voila, today we get a press release from the State. The Governor and the Department of Agriculture insults us. They insult me, this Council, and this community. They think we are fools. It is ridiculous to think that they are going to come up here on the last day and save us with voluntary compliance. It does nothing. They did bother to meet with us? No. They did bother to meet with the doctors at KVMH? No. They did bother to meet with our community? No. They met in Honolulu with the agricultural chemical companies and they cut a deal for voluntary compliance, and it means nothing. We need to take action here. The State is not going to do this. It is insulting. This Bill is about protecting the health of our community; it is basic. We have covered our legal basis. We have done this prudently and responsibly. We have covered our legal basis. We have free legal counsel. They have studied it. This Council is a legislative body and we pass the laws. The Mayor does not pass laws. The Mayor is the Administrator. The County Attorney does not pass laws. The County's opinion does not pass laws. We pass laws. We voted 6:1 to pass this law. It is our responsibility; it is not the County Attorney's and it is not the Mayor's. It is our responsibility to listen to our community. We have done that prudently and responsibly. Six (6) of us have already voted and many of us have voted twice for it. We have done our homework SPECIAL COUNCIL MEETING 75 NOVEMBER 14, 2013 and covered our legal basis. This issue is not going to go away. It is not going to go away until we deal with it prudently, meaningfully, and responsibly. We need a vote to override the Mayor's veto. The people trust that we will do the right thing. We will do the right thing today. Let us not disappoint them. Let us fulfill that trust. Thank you. Chair Furfaro: Thank you. Mr. Bynum, did you want to speak next? Mr. Bynum: I can. Chair Furfaro: Okay. Mr. Bynum: I did not set my clock. Please give me a one (1) minute warning. I want to start by thanking our community. This community never ceases to amaze me. The outpouring of manc o from everybody in this community is so inspiring. Our testimony and E-mails we received is public record and it is unlike any other testimony we have ever received. Usually you get "vote this way" or "do this or do that." You have people just pouring out their heart and souls. It is so moving and I encourage you all to read it. Thank you to the people of Kaua`i for continuing to amaze me. I want to say that we have a good Mayor. He is a man that I respect and support. People that do not know this, we were on the team together. We both worked for Mayor Baptiste. Mayor Baptiste sadly passed away and Bernard became the Mayor sooner than he expected. He was being groomed for it and we all know that. He stepped up during really trying times and overall, I think he has been a really good Mayor. He is a much better Mayor today than he was when he stepped up. He has grown into the position. I have not been shy about disagreeing with him. We have had major disagreements primarily about financing during the down swing, but he is a good Mayor. He is probably going to be there for the next six (6) years and he is going to do a really "bang-up job" of implementing this Bill. He came here to the Council and he said it was his responsibility and when it was his kuleana, he will take it. I believe he will. Having said all of that, I am obviously disappointed in the Mayor's decision to veto this Bill. I think it was extraordinarily misguided. I know it to be misinformed. I am very sad that people that I respect have so misguided our Mayor and he made a big mistake. But he is sincere. Nobody should think that he is bought and sold by anyone or anybody in this room. I have deep respect for everyone at this table that put their heart and soul into this as well. The release of the opinion was appalling, unprecedented, and misunderstood. It was unprecedented in that we are the legislative body and by tradition, we make these decisions. The Mayors do not second-guess them. We choose to have a "Chief Executive Officer (CEO) type" of Mayor. Other forms of Government, we would not even have... this could not happen because the legislative body cannot... there was not a CEO Mayor. I am fine with a CEO Mayor, but with that come responsibilities, including fiduciary responsibilities to all of you that have been breached. I do not believe it was on purpose, but I think it was misguided and misinformed. I want to tell you about SB 727 and how we have been in a battle with the seed companies for several years, and the Mayor has been fighting it with us. Last year, it got outrageous with two (2) Bills; SB 727 and SB 590. I have a handout that I am providing to Councilmembers and all of you. This is SB 727. The law has said that "since statehood, each county shall have the power to enact ordinances deemed SPECIAL COUNCIL MEETING 76 NOVEMBER 14, 2013 necessary to protect health, life, property, and to preserve the order and security of the county." Last year, the seed companies tried to put through a Bill that took the words "protect health and life" out of the Hawai`i State law. They wanted it to just say "each county shall have the power to enact ordinances deemed necessary to protect property or preserve order." They took "health and life" out of it. Guess what? Our Mayor testified against that Bill. I testified against that Bill. Gary Hooser testified against that Bill. A number of us did. Here are some of the testimonies. Our Mayor said, "I am opposed to this because you are going to take away our authority to protect health and safety. We do not want to give that up. It is our responsibility." Our County Attorney Amy Esaki wrote and said, "Do not take this authority away from us." Now the same Mayor and County Attorney are saying now that we never had the authority. Read this testimony. There are hundreds of people. These are just a few from Kaua`i and the other neighbor island counties, those pesky Councilmembers who keep trying to protect the health and safety of their citizens. Read the testimony from the Hawai`i Crop Improvement Association (HCIA) who told me that this Bill did not affect the counties. Here is just one that I included at the end, "The County's long established duty to protect life and health is now deemed unnecessary." But property still needs protection— I do not understand this Bill. Who does it serve? Not me. It only served someone or some person whose activities might prove hazardous to health. Who would not want to be bothered by my protector protecting me from that? They tried to take "health and safety" out of our law. We have the authority and they tried to take it away from us for four (4) years. Please read this history. The Mayor was on the right page. There is a disconnect in this whole debate. When people suffer loss they go through denial, anger, bargaining, depression, and they arrive at acceptance. We have all seen a lot of denial, anger, and bargaining... let us do voluntary things... depression. We need to move as a community to acceptance. There is a disconnect. I want to say this clearly. We have discovered in this process that the seed companies, at least one of them, were spraying an appalling frequency of over two hundred (200) times a year on one (1) field, at appalling quantities of over eight (8) pounds. We just saw international news about Argentina and what happened to them. The news said "an appalling four (4) pounds per acre is being sprayed in Argentina," when it is only one (1) pound per acre in the United States, and all of the health problems that are happening in Argentina. They are spraying over eight (8) pounds on our island. We cannot be in denial about these things. Kama aina food producers and our neighbors and friends have lost their land leases, businesses, and their investments to the seed companies. You all are paying to subsidize that with your taxes. We heard Dr. Berg— and Gary Gill, the Head of the Health Department, say, "We can trust Dr. Berg because I was there with him, that there are unacceptable levels of Atrazine in seven (7) of our streams right now, today." That is not me; that is Dr. Berg. I ask Gary Gill, "Can we trust that?" He said, "Yes." We listen to medical scientists come up here and tell us about facts that this level of spraying in communities causes increased instances of all kinds of problems. We heard "anecdotal." They just missed these health concerns as "anecdotal." We are listening more to crop scientists from Dow and Syngenta than we are medical scientists from Pediatrics in our community. There is a disconnect. A lot of people in this community were surprised about this Bill. I have been on this Council nine (9) years. I am not a radical. I am not out of control. These issues are very serious for our island. These changes happened. We did not plan them. We have to get control of this. This Bill is a beginning. Please, I implore everyone in this community to stay engaged in this issue. This is the tip of the iceberg. Thank you. SPECIAL COUNCIL MEETING 77 NOVEMBER 14, 2013 Chair Furfaro: Who wants to speak next? Mr. Rapozo: I can go next. Chair Furfaro: Okay. Mr. Rapozo: I think my position on the Bill is no secret from day one (1). I guess my question really to everyone is what is our objective here? Really, what is our objective? What is the job of this Council? Mr. Hooser said it best that our job is to pass laws, but our job is to pass good laws; laws that are thought out, laws that are legal, and laws that reach a valid goal. This Bill, in its form today, does not provide that. It provides very, very little. I understand that there are eight (8) attorneys or however many attorneys out here that said they would represent us and that they are right. I look at it as our County Attorney is the County's Attorney, much like our Prosecutor is the County's Prosecuting Attorney. If I was to ask you "how would you feel if there were police officers that wanted to do a search warrant on your house?" Two (2) officers wanted to do a search warrant on your house because they just did not like you and did not like what you did. They went to the County Prosecutor and the County Prosecutor said, "You do not have enough probable cause to get this warrant." But these two (2) officers were determined, so they went out and found attorneys in the community that said, "You know what? Go ahead with your warrant because we believe you have." You think that is appropriate? That is not appropriate. That is why we have a County Prosecutor and a County Attorney. We will see whether or not the County Attorney is right or wrong. When the Department of Agriculture was sitting right here a few months ago embarrassing themselves, embarrassing the Governor, and embarrassing everyone; it was then I realized that we had to do something here on the County. We had to do something and not in a Bill that is going to be passed one (1) year from now or take effect nine (9) months from now, but we have to do something today because for me, the results were important. Not the fact that we could put a notch in our back or a feather in our cap saying "we passed Bill No. 2491, but we will wait nine (9) months before we do anything." Councilmember Kagawa and I went on a plane and went to the Governor. He will tell you. I cannot repeat what I told the Governor because there are women and children in here. I said, "The Department of Agriculture was an embarrassment to you and the State. They have not their job and you need to do something about it." He made commitments. I know you guys do not trust the State. I have a problem with that too. I know Mr. Hooser has criticized the "good neighbor program," but what has Bill No. 2491 done in three (3) months besides divide this community? What has Bill No. 2491 done? We are not divided... I saw the yellow tape. We can debate the fact. I can tell you. It has divided... you have heard it from many people on this stand saying that. The little visit— and I am not taking credit for this, but I am just saying this is what happened. The little visit we had with the Governor, his Staff, and the subsequent meetings with the Legislature and the Mayor; at least we have something today. Mr. Chair, I am going to ask that anyone who cannot hold their comments... Chair Furfaro: I will have them removed. Mr. Rapozo: Thank you. This is a start. This is much more than you will get with Bill No. 2491 for nine (9) months. I can tell you that. I can tell you that as I read this, the one hundred (100) feet buffer— that is not enough around schools, but we have a starting point here. It is one that is not going SPECIAL COUNCIL MEETING 78 NOVEMBER 14, 2013 to be challenged in court and that we can at least move forward on getting exactly what the community feels. Was that five (5) minutes? Chair Furfaro: Yes. Mr. Rapozo: I believe that is the step in the right direction and I believe that we are starting to see some results, and I ask that the community join in on that effort. The community people are stakeholders and we need to have a say in that. I have heard many people say "you have to follow your heart." Yes, I follow my heart. People make it seem that I do not love kids and I want to see sick kids. My son was born with a heart defect and was medivac to Kapi`olani and stayed at Pediatric Intensive Care Unit (ICU). He does not live near any kind of farming operation, but I know what it is like. My daughter was born with scoliosis. She had back surgery, ripped her back open, and now she has rods with a fused spine. I know exactly what these are. To sit there and say that "if you do not support this, you support the poisoning of our kids." I think that is very unfair. I have kept quiet, but to be honest, those kinds of things are incredible to hear. I do not believe people would think that. Most of you do not even know who I am, what I have done, and my life. To say that is kind of disturbing. There are a lot of issues that surround this Bill; legal issues and emotional issues. I have a task of doing what is right for the entire County and protecting the County, and its people obviously. Now, the efforts that I am taking with the State... I guess to some of you, that is not an effort to protect our kids and our families. I do not understand that. I have made bets with several of you for lunch that we will get better results going the direction that I believe is the right way than Bill No. 2491 will ever do, simply because I choose to take the path of least resistance; the path that is not going to end us in court. Whether or not Ms. Tico, and I appreciate the offer, represents us in court, it still goes to court which ties it up, as opposed to working with the State and the communities that are affected, and coming up with some real-world solutions. Bernard was elected based on that principle where he wanted to work with everybody and work together to find solutions. I think Mr. Bynum said that he disagrees with the Mayor quite often, but probably not as much as me. This obviously is not a decision because of my loyalty to the Mayor. It is not obviously any loyalty to the seed companies because I believe that they need to take accountability and responsibility as well. It has to be done in a manner that is legal. We have a study, a Resolution to do our environmental study, and I made the comment at that meeting that this Council should do an investigation, not a study. We should be investigating the affects of what is going on. We should be able to determine whether or not the examples given here are a direct result of pesticides. We do not know. The only way we will find out is by doing an investigation. Most of the time when we pass laws, it is because we have the data so we can pass the legislation. In this case, we are "putting the cart before the horse." I agree that it is better to err on the side of safety. Of course I agree with that, but in this case, there is an alternate path that can reach results quicker than a nine (9) month waiting period. Home rule is vital. I will say that one of the attorneys that had agreed or disagreed actually with our County Attorney's opinion— when I met with him, he had not even read Chapter 149A, but was quick to provide a legal analysis. He never read the State law that governs pesticide use in Hawai`i. I have done my due diligence and I look for a very aggressive working arrangement with the State. All I SPECIAL COUNCIL MEETING 79 NOVEMBER 14, 2013 can do is commit to that. I will work with the State Department of Agriculture, as well as the Department of Health. The Department of Health is not part of this good neighbor program and I am disappointed with that. I think a lot of the issues that were brought up here today should be Department of Health issues. When you start seeing trends of possible health issues, that should be a Health Department issue, not a Department of Agriculture issue. That is where we are falling short as well. I continue to work with the State to get the Department of Health involved. We do not have the capacity in this County to create a Department of Agriculture or a Department of Health. We need to be real as well. It is very simple to say, "Yes, we only need one (1) employee because one (1) employee can do all of this." That is simply not true and that is the tough part of this job because I have to be objective, and hearing all of testimony today breaks my heart. I have to do what I believe is right. I believe that we have to be real when we make these laws. We have to be realistic and make sure that the law will mean something. Obviously, I will not be supporting the motion. I do appreciate everyone coming and testifying, but again, for those reasons I will not be supporting. Thank you. Chair Furfaro: Councilmember Yukimura, you have the floor. Ms. Yukimura: Thank you. This journey on Bill No. 2491 has been about learning to love the environment, the land, each other, and learning how to respect and tolerate positions and opinions other than our own. I wanted to make a few preliminary remarks about how we will respond to whatever happens today. When Councilmembers attend sporting events, we are sometimes given a chance to say a few words. I have often said that sports are great because our kids learn how to win and how to lose. I want to ask that those of us here show our young people how to win and how to lose today. No matter how the vote goes, no matter what outcome, whether we are on the winning or losing side, however we define that; let us please conduct ourselves with grace, humility, dignity, and aloha. Now, I want to say a few comments about my vote and about the Bill. Whether we are for or against Bill No. 2491, I feel it is important to go to court. Industry and the County Attorney say that the Bill is illegal. Pro-Bill No. 2491 and other attorneys say the Bill is legal. Nobody really knows until the court speaks. If we do not override the Mayor's veto, we will not have a Bill to take to court. From the start, I supported the intention of Bill No. 2491 to protect health and the environment. I have strived to hone the Bill to a few simple core provisions because I think Councilmember Rapozo's points about making clear and meaningful law is very important. I tried to do this in a way so that we get protection without affecting jobs unnecessarily, and to try to make the Bill legally defensible. To Bill No. 2491 as amended, this Draft 2, is not the original Bill. It will not affect jobs. It is a compromise and a basic minimum. It creates a good starting point of disclosure and protection, which is what the people of Kaua`i more than deserve. It is not perfect, but it is a good beginning. That is why I will be voting to override the Mayor's veto. I want to thank Councilmembers Hooser and Bynum for introducing this Bill. I want to thank the Chair and my fellow Councilmembers who have supported the work to really create a good Bill. Do not jump to conclusions yet because we do not know what the conclusion will be here. I want to thank our Staff who has been totally incredible in what they have had to deal with and help us. Most of all, I want to thank you, the people of Kaua`i, who have been so awesome. Many of you SPECIAL COUNCIL MEETING 80 NOVEMBER 14, 2013 who have spent so much of your life for these last four (4) months to work on the Bill, whatever side you were on. Especially, I want to thank the young people who have stepped forward, who give me so much hope for the future. I want you to know that I was once young. I saw many defeats. I saw many times when we failed. We tried and we failed. It is not over when that happens. This past Sunday, I accompanied my dad to the Veteran's Ceremony on the United States Ship (USS) Missouri where he and other veterans were honored. When you hear the story of what they went through, and yet, they never quit. They never quit. That is what we have to remember and continue whatever the outcome. If we override the veto, there is still going to be work that we need to do. If we do not, there is still going to be work to do. We are going to win in the long run. I also want to thank the people who usually remain silent. We saw so many people today and throughout this process who usually stay home and either grumble or feel that they do not have anything to say, who stepped forward to speak for their lives, other people's lives, and for this island. It was inspiring. It is how democracy works at the best. This Bill, no matter what, has brought us forward in so many ways. I just thank you all for your participation and for the way you will continue on this journey. Mr. Kagawa: Thank you, Chair. I want to start out by thanking all of you for participating in this process. It is a very humbling experience to know that so much of you care about our Government, our future, our health, and our environment. I have always been against the Bill from day one (1). It has been no secret. I have lobbied my other colleagues to work on the State with myself and Mr. Rapozo to achieve the same goals at no cost to the County. They have the expertise, but we question whether they have the will at times. I was very encouraged when I saw this announcement. They are proposing to add ten (10) additional inspectors and pesticide education positions. I am just hoping that we will get at least two (2) or three (3), in addition to the one (1) that we now have. That is an improvement. Anything more than one is an improvement, so I am encouraged by that. Am I happy with what will come about it? Who knows. December 1st, we will see what are in those voluntary disclosures by the seed companies. I am hoping that they will disclose all the RUPs that they are using as the Bill proposes. At the Committee level, I tried to keep the Bill as-is with no amendments. I felt like a strong Bill like this should have been kept strong and be voted on. However, the Bill got amended. Councilmember Rapozo and I could not stop it. It was a 3:2 vote, so I supported it with a "yes" vote as a means of acceptance of defeat and a willingness to work together going forward. At the Council Meeting, that was a grueling process. It was just amazing how people hung in there from the night before and working until 3:00 a.m. We rushed through a lot of amendments. I believe we should have taken our time. Now look, where are we? Addressing a veto. The Mayor asked for the one (1) month deferral and we got excited. The deferral was shot down, but I remember the Mayor saying "if you give me the one (1) month, I will not veto the Bill after that." We did not take his advice and he surprised me by vetoing. I just thought he was going to support it. This long process has allowed me to talk story about the Bill with a lot of people at the high school football games, Pop Warner games, senior softball games, Little League games, et cetera. The community is definitely split on this issue. There is no doubt for me that many more people that I talked to are against the Bill because they believe that the State can and should be the ones to perform the oversight in this Bill because it is their responsibility and they have the expertise. SPECIAL COUNCIL MEETING 81 NOVEMBER 14, 2013 I have spent hours, days discussing this issue with our Kaua`i State Delegation in the Legislature. They are working with the State and the Governor. Representative Morikawa was here. She was a brave soul who came here in front of us and just asked us for some time. I think she has a part in this also. When I decided to run for office in May of 2012, I ran because I had a lot of concerns about where our County was heading. It seemed like we were sure spending a lot of money, yet so little seemed to be improving. Instead of grumbling, I said I am going to try and do something about it, and that is why I ran. The hardest part for me was listening to the testimony of the parents today like Mr. Pa and all of them because it is tough. When my daughter was one (1), we were living in Waimea Valley in the house that I built. She went through several seizures while we were in that house. What was the cause? I do not know. But on one (1) occasion, we almost lost her. These situations talked about today were absolutely gut-wrenching and something needs to be done. I do not believe this Bill will prevent them from continuing. Councilmembers have said they want it to go to court. Why? The County Attorney has released the opinion saying that our case is weak. While it is tied up in court, how will the situation get better? I wish I did not have to cast a vote on either side, because truly, this is a tough decision. But I will follow my heart and my mind, and I will continue to work with the State and with Mr. Rapozo in get something answers to those families that are suffering. I will not be supporting the override. Thank you. Chair Furfaro: Hold on everyone. If you are leaving the room during our business hours, you leave quietly and do not return. I am holding my comments for last. Did you want to say something, Mr. Bynum? Mr. Hooser: Chair? Chair Furfaro: Yes. Mr. Hooser: May I speak for a second, please. As a maker of the motion and sponsor of the Bill, I believe that the rules allow me additional time. That is what the rules allow and I would appreciate some consideration. I certainly respect all my colleagues. As was mentioned last meeting when the decision was made to deal with this without our seventh member, at that time I spoke that I was not happy with that or comfortable with that. I believe that the Charter of the County of Kaua`i is very clear that these decisions are made by seven (7) members. It specifies five (5), but the Charter calls for seven (7). The decision of this magnitude warrants the time it takes to make a decision properly and I would like the body to consider either a recess until next week Monday or Tuesday, or we can look at calendar. I think we have enough time. That recess will allow us a couple of things. A recess will allow us to look into consideration of a seventh member, but also in light of what Councilmember Rapozo and Councilmember Kagawa has said, it will allow us to talk to the Governor and the Department of Agriculture to see how serious they are about these issues. We can take the time that we need to talk to those decision-makers and evaluate the seventh member, and then come back and make a decision based on the information that we really need to make a clear decision. If you wanted a brief recess to look at the calendar with Staff, we can look at the calendar. I believe there is enough time. I understand there are some travel considerations, but a recess would allow us to do that without giving excessive notice, or we can do a deferral. I wanted to ask the Chair and the body to consider those thoughts. Thank you. SPECIAL COUNCIL MEETING 82 NOVEMBER 14, 2013 Chair Furfaro: Mr. Bynum, did you want to speak? Mr. Bynum: Sure. I made my position clear on this when it came up before. I believe that seven (7) members should make this decision. I said that previously. I concur with Councilmember Hooser that we— and this is a desperation move. I am a straight talker, but this is fundamentally so important for the County and I do not want to have an argument about whether it should be seven (7) members or not. I think we all know that. I would concur with a recess. It is legal within our laws or a deferral because I have said since the beginning that I think seven (7) members... and I think that is the intent of the Charter and should make this decision. Chair Furfaro: Mr. Rapozo? Mr. Rapozo: Mr. Chair, we had this discussion last week. The body decided that we were going do it with six (6) people. I think it goes back to what Councilmember Yukimura said in the beginning. I do not want to call it "winners" and "loser," but that is the democratic process, Mr. Chair. I do not want to see this happening every time where we are on the verge of a win or a loss of a vote, we are going to ask for a continuance or a deferral. I do not want the community and our Staff strung out any longer than we have to. We made the decision last week to do it with the six (6) members that made it that far. You are acknowledged that and agreed with that, Mr. Chair. Chair Furfaro: I agreed with that, but I want to say that I agreed because I did not think it was fair to put pressure on the selection. Mr. Rapozo: Correct. That was my concern. Anyway, I just wanted to make that point. I am not sure if a deferral is even possible. Maybe we can take a recess to check. Chair Furfaro: I am going to take a recess. I want the County Attorney, the Clerk, Deputy Clerk, and Peter available to me. Mr. Kagawa, did you want to say anything before I go back to Mr. Bynum? Mr. Kagawa: I was going to just recommend that if we do push it back, let us push it back after December 1st because I am really curious to see how good the disclosure... Chair Furfaro: We cannot. We do not have a decision from the body after November 30th. The decision then goes from the Councilmembers to the Mayor. Mr. Kagawa: I am just checking. Thank you. Chair Furfaro: Mr. Bynum. Mr. Bynum: I know these are extraordinary circumstances, but I need to say that I have studied this very closely. This is a democracy. We used the tools that the democracy allows us. A recess in this instance is allowable. A deferral of this matter— it is very clear in our Rules that if someone chooses to make a motion to defer, it supersedes any other motion. This is all legal and appropriate in the democratic process, in my opinion, and I am going SPECIAL COUNCIL MEETING 83 NOVEMBER 14, 2013 use whatever is legal and appropriate to do what I think is my duty. I just wanted to say that. Ms. Yukimura: Point of inquiry. Chair Furfaro: Yes. Ms. Yukimura: Chair, you are recommending a brief recess to look at the issues, the calendar, and so forth? Chair Furfaro: Yes. I still have my ten (10) minutes to speak on the item. Ms. Yukimura: Yes, of course. Thank you. Chair Furfaro: Please, we need to keep decorum in the room. This is very important. This is "Kaua`i style." We will take a ten (10) minute recess. For the people that I named, I would like to see them in the Executive Chambers. There being no objections, the meeting recessed at 5:03 p.m. The meeting reconvened at 5:23 p.m., and proceeded as follows: Chair Furfaro: First of all members, I would like to have the floor to give you some housekeeping and procedural summaries. First and foremost, we do not have to defer this item. If we defer this item, we would have to start with public testimony all over again. From a standpoint of going into a recess, we can, from the previous declaration from OIP, we can go into a recess that would allow us to go right into our business because it is just an extension of this meeting. Along those lines, during the week, we have some particular issues. Tomorrow, we will be identifying the replacement candidate. The way that will start, we will have some opportunity for an open session. We will go into the session and review the applicants. In the Executive Session, we will all have a chance to nominate candidates. Those candidates would then come out for public review and a public vote with all of us declaring our vote. After that ceremony and checking with the County Attorney, as well as our Legal Staff, we could swear that candidate selected in as the seventh Councilmember. We still would go to Tuesday for the reorganization and that would be the Committee's assignments and so forth, and an appointment of a Vice Chair. We cannot necessary go later than that because we have Councilmembers traveling. This would require us to recess this meeting and come back on Saturday because on Friday, we would have selected and sworn in the seventh Councilmember. Those are the only dates that fit with the travel schedules, the declared holidays, and the thirty (30) day limit. If we fail to reach a decision, it will go to the Mayor. It really only looks like a motion to recess today's meeting. It would only take four (4) members for a recess to go to Saturday morning at 9:00 a.m. I am sorry I took some time on that, but I wanted to make sure that we understood what happens with a deferral and what happens with a recess. Those are the main differences. Are there any questions for me? Mr. Bynum: Thank you for that outline. I will just say that once you have had an opportunity to do your ten (10) minutes, I will make that motion. SPECIAL COUNCIL MEETING 84 NOVEMBER 14, 2013 Chair Furfaro: Okay. I just want to make sure everybody understands that might end tonight's meeting by way of a recess. Are there any more questions or pieces? Go ahead, Mr. Kagawa. Mr. Kagawa: I wanted to make a request. I have an appointment at 9:00 a.m. on Saturday, so maybe if we can start at 11:00 a.m. instead? Chair Furfaro: Members? Remember, we have to bring in our Staff on overtime, so I want to make sure that we have enough Staff for that coverage. Is there staffing issues for Saturday? We have two (2) of our Analysts that planned to be traveling off-island with their families. We will be relatively short with Staff. I have my thoughts together about my ten (10) minutes and now I have to change it a little bit. You can start the clock for me now, please. Most of you know that my formal training— I am an innkeeper. Hawai`i has a very unique set of rules. Only Hawai`i and Utah have rules that basically say that the innkeeper can be personally responsible for not taking "reasonable care." "Reasonable care" is you are spraying in a guest room, you give thirty-six (36) hour notice to the guests and they can make other options, and your employees are well-informed. That is kind of summed up really quick about "reasonable care." That is how I see this Bill. I do not want to share anymore than this piece about reasonable care and stewardship. That is how I see this Bill. There are other parts that have been reached in discussion today that talks in terms of bigger and bigger things with this Bill. But the reality is that I think there is where we might have more of a legal challenge. I just want to say that. I have a nephew who is a judge, a brother who worked with Charles (Inaudible) and is a Prosecutor, and cousins that worked for the City and County as attorneys. Yes, I have talked to them over hot chocolate and other things. They understand that reasonable care touches on that and what our stewardship is on this item. Also, when we talked about a legal test of the Bill, they reminded me that declaratory judgment, if we go to court, is something that you do not have to select a whole jury and so forth. The judge can expedite that decision by himself without a jury. Unless these guys were spending too much surfing time and not studying the law when they became attorneys, I do not think they gave me bad information. There is a way to expedite this decision. To me, this Bill— and I am talking to the other members here because I want you to know if you do not want to support the Bill, but if you vote silent, it still affirms the motion that is on the table. If you cannot find yourself voting for the override, maybe you can just go silent with the majority. I just wanted to throw that out. Again, this Bill is about modest protection, disclosure, and reasonable care. I did not hear anything when I interviewed the companies that really impressed me that this Bill would create a large job loss. I did not hear that. I heard it might be difficult for them to enforce and retrain staff, but it was not a job-loser. The State has many staffing problems. Somebody talked about vector control earlier today. I think there is one vector control person covering three (3) Counties now. I know in the hotel business, we have one (1) elevator inspector. In fact, the notice in the elevators says if you want to see the permit, go to the office." There are staffing issues. This is all of my correspondence to different people since July 5th. I have visited with Kokubun. I have gone to the Governor with correspondence. I have talked with the Environmental Protection Agency (EPA) with JoAnn. We find ourselves in a situation where we now get this announcement that the Legislature is going to pursue re-staffing inspectors, but it still has to go to the Legislature. I SPECIAL COUNCIL MEETING 85 NOVEMBER 14, 2013 sent in a Bill asking them to reinstate five hundred fifty thousand dollars ($550,000) for Kaua`i's inspectors. We heard yesterday that Soil and Water Conservation was going to lose another person from the Department of Health. That is what I want to share with you folks. We cannot be everything to everybody, but we can set up reasonable standards that help us do what is exactly here that says, "The counties under Section 46-15 have the power to enact ordinances that were deemed necessary to protect health, life, and property." That is pretty clear for me and that is something that if we have to go to these lawyers that provided some pro bono help could certainly stand on. I want to say in writing that Bill, I sent that along with my August 22nd correspondence to the Governor, and I said to the Governor, "I realize that during the fiscal crisis your predecessor eliminated some positions needed to administer this law and that the Federal sequester has further impacted the State. However, we are dealing with a public risk and safety. I would ask that you reconsider appropriate staffing and do this immediately as it relate to regulating RUPs." That is what this Bill was about. I do not want any false statements to you folks. My correspondence is all about saying to the other political subdivisions to let us kokua each other and do what we are supposed to do within the framework of the rules and within the jurisdiction that we have. Good stewardship for me is what this Bill is about. The reason I have a difficult time supporting the new outline... JoAnn and I, we tracked the Coqui frogs in Lawa`i Valley at night because we could not get any money from the State as it relates to invasive species. This Council and both of our Bills for three (3) years— we funded about seventy-five thousand dollars ($75,000) each year to support the Invasive Species Council. When it came to preparing for our General Plan, we wrote to them about participation from the Transportation Agency and helping us prepare for the General Plan. Under my signature and I have been Chair for four and a half (4.5) years now, they politely said to us that they could not send anybody. Everything that is in this correspondence from the Governor is still subject to legislative approval, so we also have to lobby our Legislators as well. In all fairness, and Mr. Bynum touched on this, I am a very good friend of the Mayor, at least I think I am a very good friend of his. He does not have all of the authority. Some of this authority is in the Legislative Branch, but he made his decision and that was his decision. I believe he did it with some courage. I personally reserve the right to politely disagree with him. I want to do the right thing, for the right reason, for the right people on the island. My mo opuna can track their history to Wainiha Valley and Hanalei, so I want to be a good steward for them. Please do not read into my comments that I am going to overpromise, but I am going to support this Bill. I am not going to overpromise things that we cannot do because we get preempted, but I do want to say that if we go to court through a declaratory action, we would get a quick response. Those are my comments. I would like to make sure that we all show each other aloha as we leave this meeting today for a recess. Thank you. Mr. Bynum moved to recess the November 14, 2013 Special Council Meeting to Saturday, November 16, 2013 at 11:00 a.m., seconded by Mr. Hooser. Chair Furfaro: Is there any further discussion on this? Mr. Rapozo: I have some real quick discussion. This is really a continuation, like I said, and this will no doubt have an effect on the selection of the seventh member which I thought we agreed... Councilmember Yukimura made that point as well that we did not want to see that. I think that the SPECIAL COUNCIL MEETING 86 NOVEMBER 14, 2013 selection of the seventh Councilmember is such an important decision, that it should not hinge on what that candidate or applicant feels on a specific Bill. Obviously, that is what is going to happen. I just want the public to understand that. It may work out for this case, but again, I thought we had agreement last week and I guess I was wrong. Now, we run into that issue where unfortunately, if someone is opposed to Bill No. 2491, they will not get consideration for the seventh seat, and that is what I did not want to see. I will not be supporting the motion for a recess. Chair Furfaro: On that note, I just want to say that my comments were that I do not want a new Councilmember that is only focused on this Bill. The fact of the matter is that our responsibilities are financial, transportation, housing, and our Shoreline Setback. We need a well-rounded candidate. I do want to say to you that perhaps I was naïve because but I did not think we would not pass this today. That is where we are at. Chair Furfaro: JoAnn, you have the floor, and then Mr. Bynum. Ms. Yukimura: I think we all did not want the selection of the seventh member to turn on this Bill. We could still conduct our selection without asking the question and just choosing the member based on general criteria, and then take a chance when it comes to the vote on this Bill. As I stated at the meeting where we decided to schedule this decision-making for today, I would like a second chance. Chair Furfaro: Is there anymore discussion on this? Go ahead, Mr. Bynum. Mr. Bynum: Very briefly, I do not disagree with you, Mel. We agreed the other day that it should not be a "litmus test." I have not asked any candidates what their position is. I will not. My decision is going to be based on those well-rounded criteria. Thank you. The motion to recess the November 14, 2013 Special Council Meeting to Saturday, November 16, 2013 at 11:00 a.m. was then put, and carried by the following vote: FOR RECESS: Bynum, Hooser, Yukimura, Furfaro TOTAL— 4, AGAINST RECESS: Kagawa, Rapozo TOTAL— 2, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. Chair Furfaro: I want to remind everybody that we will meet back here in the Council Chambers on Saturday, November 16, 2013 at 11:00 a.m. There will be no more public testimony, but this session will recess until then. Thank you. We are adjourned. There being no objections, the meeting recessed at 5:41 p.m. SPECIAL COUNCIL MEETING 87 NOVEMBER 16, 2013 The Special Council Meeting reconvened on Saturday, November 16, 2013 at 11:08 a.m., and proceeded as follows: Chair Furfaro: Aloha and good morning everyone. This is a notice as posted for the continued Special Council Meeting from November 14th. This process is subject to the same guidelines as if this is a continuation of the meeting. Therefore, I want to make certain that people understand that there is no additional public testimony. Before we went into recess, which is covered in our Rules, we do allow a period where the Councilmembers can speak before we take a vote. I would also like to say that I have a couple special exceptions for today. Those exceptions will include the fact that by our Rules, the chief executive of the County of Kaua`i, who is the Mayor of Kaua`i, is allowed under Section 7.05 by his "Policies, Powers and Duties" as Mayor and chief executive officer of the corporation called the County of Kaua`i, may present a message or information to the Council in which his opinions are necessary or in the effort of expedience to the outcome. In fact, after I call the meeting to order and take a vote, I will be asking the Mayor to speak. Before I let the Mayor speak, I would like to give the floor to our newest Councilmember, who in fact, is joining us today. I know all of you have noted that I would appreciate no outbursts in the crowd. You are certainly welcome to raise your hands and so forth, but we are here in a formal business mode. On that note, I would like to call the meeting back to order from recess and do a roll call, please. Honorable Tim Bynum Honorable Mason K. Chock, Sr. Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro Chair Furfaro: We have seven (7) present for today's meeting. This is dealing with the item that was on our previous agenda, the Mayoral Veto. Before I call the Mayor up, I would like to take a moment of personal privilege to give the floor to Councilmember Chock. Welcome. Mr. Chock: Mahalo nui everyone for welcoming me with open arms. I just want to say aloha back to you because it has been already in the last twelve (12) to sixteen (16) hours... really long sixteen (16) hours. I admire you much more now stepping into this because the learning curve has been really fast. As most of you know, I have been in leadership development as a facilitator for many, many years. I always said that I practiced it, and I did, but this is probably a unique experience in terms of practice because it is more intense. There are decisions to be made and we have to act on things that are important to you. I wanted to assure you, and I think I said it yesterday, that what you can expect from me is that I am very clear about what my values are, what my beliefs are, and you will see that consistency come forth time and time again. Other than that, again, I am on a learning curve so I will make a lot of mistakes along the way as well. E kala mai for that. I look forward to it and I am privileged to serve you with folks. Mahalo. Chair Furfaro: From all of us, welcome. My advice to you is certainly one that when you come to this table, we measure a man's spirit by his aloha for sense of place, the intelligence he has here, and the love that he has in his heart for our place. I know you bring that, but you are an independent SPECIAL COUNCIL MEETING 88 NOVEMBER 16, 2013 Councilmember. I want to make sure that you understand that I am available to help you in any way I can, but obviously, we would like to welcome you to the table. Mr. Mayor, thank you for the request of being here. I would like to suspend the rules for you, according to Section 7.05, and give you the floor. Welcome, Mr. Mayor. There being no objections, the rules were suspended. BERNARD P. CARVALHO, JR., Mayor: Good morning and aloha Councilmembers. Thank you very much for the opportunity. To all of our friends in the audience, thank you for being here. To all of our members, everyone listening here at the County Building, and of course in the comforts of their homes, I will open with a warm aloha. Mahalo for allowing me the opportunity to address you one more time before you take what appears to be the final action on Bill No. 2491. First of all, I would like to commend you on your choice of our seventh Councilmember. I know you had many excellent candidates from which you had to choose. I have known Mason Chock for a long time. I think he will be an exceptional public servant. We look forward to working with you. Mason, congratulations for joining this team, the world of Government. Although I have made my position on the Bill clear to you during the October 8, 2013 and October 15, 2013 Special Council Meetings, and although I explained why I vetoed the Bill in my October 31St communication to you, you now have a new member who was not present for those discussions and was not a sitting Councilmember when my October 31, 2013 veto message was transmitted to you. While new Councilmember Mason Chock may have listened to my testimony and read my message previous to yesterday, he did so as a private citizen and not as a Councilmember, who now must look at this matter from a different perspective. Over the past several weeks, I have spent much time reflecting on my Oath of Office, which all of us have taken. It reads, "I do solemnly swear that I will support and defend the Constitution of the United States, the Constitution of the State of Hawai`i, and the Charter of the County of Kaua`i, and that I may faithfully discharge my duties as Mayor or Councilmember of the County of Kaua`i to the best of my ability." The Oath of Office is just that simple; that is all it says. Therefore, when it came time for me making my decision to decide whether or not I would sign Bill No. 2491, I had to be sure that in doing so, I was not violating this oath. In the end, it did not matter if I agreed with the intent of the Bill, which I do. It did not matter if I wanted the disclosure and buffer zones to happen yesterday, which I do. What mattered was that I followed the laws that I was sworn to uphold. It remains my strong belief that a veto was the appropriate course given the legal flaws in the Bill. The bottom line is this; I cannot, in good conscious, support Bill No. 2491 as written because I do not believe that the County has the legal authority to do what is proposed in Bill No. 2491. That has been my message from day one. I have been consistent on this message. In my heart, I believe that we could have accomplished these goals faster and in a legally sound manner by working cooperatively with the State, which has clear legal authority over buffer zones and pesticide disclosure. A deferral would have given us time to make something happen through existing State laws and I still believe that could have been accomplished in a timely manner. When I asked for more time on October 8th, I informed you that we would work with the Governor and the Department of Agriculture to roll out the details of a voluntary disclosure and buffer zone program within two (2) months. Then on October 15th, I asked for just thirty (30) days to make that happen. Guess what? Precisely thirty (30) days later, the Department of Agriculture released the details SPECIAL COUNCIL MEETING 89 NOVEMBER 16, 2013 of that program. There is nothing curious or suspicious about their announcement on Wednesday. It is what they told us would happen. I for one, did not doubt their word. Where do we go from here? Really, where do we go from here? You have a decision to make. Will you sustain the veto or will you override the veto? If you choose to sustain the veto, we will continue to work with the Department of Agriculture to ensure that the voluntary program gets underway, as planned, as of December 1st. There will be pre-disclosure of restricted use pesticides to schools, hospitals, and medical clinics. There will be monthly posts disclosure of restricted use pesticide use available on the Department of Agriculture's website. There will be buffer zones of one hundred (100) feet for all schools, medical facilities, and residence. These things will be in place in two (2) weeks. Yes, the voluntary disclosure and buffer zones may not be as strong as what is contained in Bill No. 2491. However, these could be amended once the study is complete and shows valid evidence for additional protections. I am already working to continue discussions with the State on other issues relative to pesticide law and to strengthen the voluntary program to include memorandums of agreements that will hold all parties accountable. Please be assured from my perspective that the voluntary program is just the start of the conversation. We will stand with the County Council to support the resolution presented by Chair Furfaro, which asks the State to provide more funding for the pesticide program so that proper enforcement can occur. Also, I will be forwarding a money bill to you that will allow us to get the Environmental and Public Health Impact Study on the way as soon as possible. Should you decide instead to override the veto, I will continue my consultation with various Departments on how to best implement this Bill. However, we all know there is a high likelihood that the new law will be challenged in court. There will be a cost to the County to defend that lawsuit and we may be prevented from implementing the Bill while it is in litigation. I want to be very clear that if that happens, we will take action. Even in the face of a lawsuit, it is my hope that we will move forward quickly to put the public health study in motion, the voluntary program will proceed, and we will lobby the Legislature for additional funding and resources. Our message has been consistent. We have an obligation and responsibility to protect the health and safety of our community. However, we must carry out that responsibility in a correct and legal way. I have said it before and I will say it again; I do not believe Bill No. 2491 is the correct and legal path. Let me conclude with this, we are not placed in these positions to be heroes or to pave the way for other communities. We are here to take care of Kaua`i, Ni`ihau, and the people who live here. Efforts of this magnitude take time, patience, and above all else, collaboration. It also takes strong leadership. Many of us around the table have been associated with the exceptional organization, such as Leadership Kaua`i. Leadership Kaua`i focuses on five (5) leadership practices. Of the five (5), the one I feel is most important is to "encourage the heart." This, to me, is all about aloha and how we conduct ourselves. Whether we agree or disagree is our true lasting legacy. Being an effective leader takes empathy and compassion. We cannot afford to take sides. Confrontation gets us nowhere. Instead, we must always look for the common ground of aloha. I believe there is nowhere in the world better suited to light the way in the spirit of aloha than right here on Kaua`i, doing it the "Kaua`i way." Mahalo for your time and God bless. Chair Furfaro: Mayor, thank you very much for your summary on this information. It is much appreciated. To the members, I want to say that I am going to make an exception to the rule since you used your ten (10) SPECIAL COUNCIL MEETING 90 NOVEMBER 16, 2013 minutes earlier. I will allow you three (3) minutes each to address any comments you have for the Mayor on his testimony. You have the floor. Ms. Yukimura: Good morning Mayor. Thank you very much for appearing. I wanted to ask you if the Bill is overridden, will you defend the law in court and assert the County's interest to protect health and safety? Mr. Carvalho: Of course, yes. Ms. Yukimura: Okay. If we are found in court that Bill No. 2491 is legal, will you enforce the law? Mr. Carvalho: I have said from the beginning that no matter what happens, we are going to pave the way and move forward. Ms. Yukimura: Okay. When you answer these questions, you are acknowledging that we do not really know what the law is until the court speaks. Mr. Carvalho: I know what the law is before me and what I have been told by my County Attorneys, which I am abided working closely with them, and what my role as Mayor is to abide by what laws are given to me and decisions that I have to make. I stand strongly on that. My County Attorneys tell me that this is what it is, this is illegal, this is not illegal, and I take it very seriously. I do not send them away. I keep them at the table and abide by what I am told. Ms. Yukimura: You know that it is not the County Attorneys who actually, in the end, determine what the law is. Mr. Carvalho: But it is the County Attorney that I work with closely everyday... Ms. Yukimura: You can certainly choose to follow the County Attorney's advice. Mr. Carvalho: That is the right way, I believe. Ms. Yukimura: Okay. I think when you say you "follow the law," I want to just say that I do not think we really know what the law is until we go to court. In this post-application reporting of RUPs, we will not be told where the pesticides are being sprayed because it is total number of acres covered. In our Bill, it is about fields. Mr. Carvalho: That is why I said that we will need to strengthen... we have something before us that we can work closely on that is decided by all parties and looking at strengthening whatever is before us. Ms. Yukimura: Why did the Administration not assert this before the Department of Agriculture and insist that be included in the process? Mr. Carvalho: We have been at the table working closely and that is why I asked for more time to work through the details as we get closer to looking at what we need to amend. It is a volunteer program with the hope that we SPECIAL COUNCIL MEETING 91 NOVEMBER 16, 2013 can get closer to some kind of understanding in writing because I want to keep this moving. If it gets placed in court or litigation, there is a possibility that everything could stop. In my mind, I want things to continue to move because this is an important part of our community. All I am saying is that there is a great possibility, from what I understand, that if there is some kind of legal lawsuit that comes forth from this, it could hold off everything. Ms. Yukimura: Well, there is already a nine (9) month delay in the implementation of the Bill and a declaratory judgment process is quite quick in court... Mr. Carvalho: I disagree. Ms. Yukimura: You could probably get it established one way or the other whether we have the jurisdiction to do these laws. Do you not think it is important that we establish that? Mr. Carvalho: My experience as Mayor has been when you get into any kind of legal issue, which you should know about, it takes time and a lot of dialogue. Even with the nine (9) month period, I said from before... consistence. I do not think the nine (9) months is enough. All I want to do is make sure that we have ample time. We can sort through all of the challenges on the floor, but leave that be, and we will continue to move forward with this voluntary program, if and when this program is placed into whatever. Ms. Yukimura: One last question, Mayor. If the voluntary program does not work for some reason, we will need to do a law because that is when you need laws, when voluntary actions do not work. Would it not be good to establish whether we actually have the jurisdiction to do a law? Mr. Carvalho: I believe that through a voluntary program, holding everybody accountable, working closely, and avoiding any type of litigation is the route to go. I strongly believe that the people at the table that we are holding accountable and assuring that everybody's roles are detailed and to the point, that we can move to better service our people. Ms. Yukimura: Thank you very much, Mayor. Mr. Carvalho: Thank you. Chair Furfaro: Mr. Kagawa, I will now give you your three (3) minutes. I just wanted to remind everybody that we are operating under Section 7.05 of the Charter which allows the Mayor come before us. It makes time for him to make presentations. It does not necessarily allow us to question and answer, but I am making a three (3) minute exception. You have the floor. Mr. Kagawa: Thank you for that exception. Mayor, I was very pleased on Wednesday when we had the announcement that said that they would add ten (10) pesticide inspectors/educators for the whole State. Do you think we can clarify that with the State and find out how much are going to be attributed to Kaua`i? I think that is what the people here want to know. How many inspectors will be added to Kauai? Maybe they could amend the announcement. I think they have an idea as far as how much because we have one (1) right now that inspects Kaua`i. Would you be able to check on that? SPECIAL COUNCIL MEETING 92 NOVEMBER 16, 2013 Mr. Carvalho: Again, I think with more dialogue and discussion, we can see because it is an overall piece that we can get to a place where we can get the coverage that we need. Mr. Kagawa: I have another question. For the voluntary disclosure, they are saying that it is to notify schools and hospitals. Do you think we can also ask them to expand that for residents? Mr. Carvalho: It is my hope and I would hope that of course we look at all areas but for now, we have to go with what is in writing. In my statement, I said that we need to look at areas that are not part of this discussion and encourage that to be part of this. Mr. Kagawa: Okay. I heard your message, but I just think if we had expanded that disclosure notice or announcement, we could maybe make some of our residents feel even better that the State can really do the job. I believe they can step it up and I think you believe they can step it up. Mr. Rapozo believes that they can step it up. It would be nice if we had more members that feel that same way. Mr. Carvalho: I can just speak on my own experience, relationship, and ability to pull people together and hold them to the table in a good healthy discussion. There is a way to work things out collaboratively, like I stated earlier. Mr. Kagawa: The last question is do you think that the Department of Health can make some similar commitments to the people of Kaua`i? For example, adding some health inspectors, not only human health, but environmental health inspectors on Kaua`i as well. I understand that Mr. Yama's position has not been filled yet and they have been having trouble. It has been over one (1) year. When people have concerns about dust and what have you, they have to talk to people from O`ahu, who are not familiar with the island. I understand it is not that they have not been actively pursuing that position. Can you answer whether we can work with Mr. Gill and try to get some commitments similar to that announcement that came out about the agriculture inspectors? Mr. Carvalho: Yes. Mr. Kagawa: Thank you. Chair Furfaro: Thank you, Mr. Kagawa. Mr. Rapozo, you have the floor for three (3) minutes. Mr. Rapozo: Thank you, Mr. Mayor, for being here today. Not long ago, you asked this body for one (1) month to work with the State and the communities. Is that not true? Mr. Carvalho: Yes. Mr. Rapozo: It was this body who said no. I think it is unfair to ask you how come you did not do this, how come you did not do that, and how come the Administration did not do this because you asked for some time, but we did not give you that time. I just want to make that clear for the record for the SPECIAL COUNCIL MEETING 93 NOVEMBER 16, 2013 public to understand that you tried. I know a lot of people are blowing their mind because they say that you and I could never agree, but I agree; I agree with you wholeheartedly. Would you agree that the good neighbor program that came out... I heard you say that you are working to make it stronger, but would you not agree that it is pretty weak? Mr. Carvalho: Yes. There are parts of it that needs discussion. Mr. Rapozo: Right. I commend you for at least getting that, which is the starting point. In fact, the buffer zones around schools, hospitals, and residences should be increased. I agree with you and I think we all collectively have to work together, and not in court. I guess what I am asking you is your commitment, and I think I heard that, but I hear that your commitment... I guess I just need to hear from you if I am hearing you right or not, but there is a commitment from you and your Administration to hopefully work with some of us. In fact, I am working right now to try and get a meeting scheduled with the Governor, Department of Agriculture, and the Department of Health on the 27th of this month to work towards strengthening that agreement. Mr. Carvalho: Yes. Mr. Rapozo: Should this Bill get hung up in court, which I anticipate should this pass today, that we will have a tool in our toolbox that can start the process to fixing what is broken on this island. Do I hear that as a commitment from you? Mr. Carvalho: That is my commitment and that is my hope. That is what needs to happen because God forbid if it does get caught up in the court, we need to continue this for the betterment of all. I feel confident in working with all of the players, holding each player at the table accountable for their roles and responsibilities of which we have a role, and going from there. We cannot have this being held up and just wait. That could happen. I am just saying it could happen like how you are telling me. That is all I am saying. Mr. Rapozo: Mr. Mayor, that is why I think the criticism about this voluntary compliance program, should the Bill pass, there is a nine (9) month waiting period barring any legal challenge. Mr. Carvalho: Right. Mr. Rapozo: For nine (9) months barring any legal challenge, this County has nothing if not what you have done with State, and that is what I think the public needs to know, that there is a commitment from this County and there is a commitment to start somewhere. I just do not think you are getting the credit you deserve for that because it is not easy to get the State to do something like that. Ross and I are witnesses to that. We have been up there and it is hard to get their ears, but what we have today is a starting point, more than we had two (2) or three (3) weeks ago, and more than we will have in nine (9) months with Bill No. 2491. I will use my time to say thank you for putting this on your priority list and getting us something where we can start to work. I stand committed to work with you and strengthen that voluntary agreement or voluntary program so that the concerns of this community are met. Thank you very much. SPECIAL COUNCIL MEETING 94 NOVEMBER 16, 2013 Chair Furfaro: Thank you, Mr. Rapozo. Mr. Bynum, you have the floor, followed by Mr. Hooser. Mr. Bynum: Good morning, Mayor. Mr. Carvalho: Good morning. Mr. Bynum: Thank you very much for being here. Nobody can question your political courage. You have been here throughout this and engaged in a way that is unprecedented for County politics and I appreciate it. I hope you heard my public statement last time we met. I do not want to be redundant, but would you agree that there has been a flurry of activity from the State since we introduced Bill No. 2491? Mr. Carvalho: I can speak upon my relationship with the State since I have gotten information given to me and the request to work closely in addressing this issue. Mr. Bynum: This all happened after Bill No. 2491 was introduced here. None of this happened until this Bill was introduced, correct? Mr. Carvalho: Probably. Yes. Mr. Bynum: I think that is great. I have said many times that the public record gives me lots of assurances because the public record will show who has been engaged on this issue for the last five (5) or six (6) years in the State and who has not. This is a complicated and sophisticated issue, and I agree with that. I applaud this flurry of activity like when Dee Morikawa was here, but we know the history of this. Mina Morita and Dee Morikawa tried for years to get the State to do buffer zones and do notifications, but it went nowhere. Until last year, there was a little bit of a crack in the ice because the House leadership was overturned. We know that. Those of us who know this issue know that. Do you not agree that we have been fighting back attacks on home rule led by the seed industry for the last five (5) or six (6) years? You know that, right? Mr. Carvalho: Yes. Mr. Bynum: You have testified against their efforts to take away our home rule. We have been under attack. You know that, right? Mr. Carvalho: Right. Mr. Bynum: They have not succeeded. We all have a responsibility to meet our constituents' needs. I do not doubt your sincerity for one minute, not one second, but I am really concerned that the depth of knowledge is not there for some decision-makers because they have not been personally engaged in this level on this issue for a long time. I think that will become clear. We just disagree, Mayor, about this legal issue. Mr. Carvalho: Which I feel is very important. I have said from day one that I support the intent of the Bill. There are flaws in the Bill that I disagree with. I have asked for deferrals to give me the time to work and make it stronger so for me, we can quell some of those legal issues that have been placed before me. I want the people to understand that there is a process in place. I can SPECIAL COUNCIL MEETING 95 NOVEMBER 16, 2013 only act upon what is given to me in writing. Prior to that, I have been in discussions and asking all of the time. What comes before me— I respond to, came before you, shed you some of my concerns of the Bill itself, and I even gave you folks some solutions. I keep saying the same thing, that I support the intent. However, there are some challenges in the Bill. I am not going to go through it all because we have gone through that and that is why I am sitting here, and that has been my message from day one. You can say all of these things about what happened before. I am going on what I have before me and in the current document. Mr. Bynum: Mayor, we have parallel processes happening. Finally after years of inaction, a flurry of activity is happening at the State. Of course you, Dee, and our Representatives will continue that on a parallel track, but Mayor, you believed just a couple of days ago that the Governor would give voluntary... that these things that he just announced would be to the same extent as Bill No. 2491. You believed that. Now it has been released and it is wholly inadequate. Anybody who understands the depth of knowledge about this issue knows that voluntary compliance is almost meaningless. It is a good start, but all of this happened in last couple of months when the people of this island have been begging for years. We have to keep our parallel track. I appreciate your commitment. If your veto is overturned, to defend it legally, is your kuleana— you have said that, and to move to implement it aggressively and assertively, which I know you have the ability to do. Thank you. Mr. Carvalho: I have said what I said. The flurry of activity to me... what I disagree on is that flurry is pulling people apart, for me. It is my hope that in our delivery when we get to that place, we pull things together, like I have said over and over again. There is misinformation. With this particular commitment, I am saying that if it gets caught up in the legal side of it, it could hold this whole discussion. Can we agree that that could happen? Mr. Bynum: No. Mr. Carvalho: So you do not agree? Mr. Bynum: You can continue all of your efforts at the State. Mr. Carvalho: I have said that from the beginning. Chair Furfaro: Excuse me. Mr. Carvalho: It is coming to life here before us. I have asked for time to make it happen. I have been asking questions. I have been out and about. Mr. Bynum: Yes. We will get through this together. Thank you. Chair Furfaro: Mayor, thank you for those responses. Mr. Hooser, you have the floor. Mr. Hooser: Good morning, Mr. Mayor. Mr. Carvalho: Good morning. SPECIAL COUNCIL MEETING 96 NOVEMBER 16, 2013 Mr. Hooser: You were talking about legal issues and I know that is your main concern. Clearly, you were aware and are aware that the chemical companies' attorneys have said on the public record that if we pass the Bill, they would take us to court and sue us? Mr. Carvalho: That they would take us to court? I am saying that there are legal issues that will be... Mr. Hooser: But are you aware that the chemical companies have threatened to take us to court if we pass the Bill? Mr. Carvalho: Okay. Yes. Mr. Hooser: Okay. You know that we have passed it 6:1. Is that is correct? Mr. Carvalho: Correct. Mr. Hooser: You know that we passed it twice, actually, and many of us have voted in support twice, including your Managing Director. You are aware of that, so you must be aware that there is a very high likelihood that the possibility of an override is possible? Mr. Carvalho: Possible. Mr. Hooser: Okay. You are aware of the background. Given those circumstances, my question is, did anyone in the County Attorney's Office consult with you or advise you that it was in the County's best interest and that it was okay to release the County Attorney's opinion? Mr. Carvalho: The decision to release my County Attorney's opinion was my call. It was my responsibility. Chair Furfaro: Excuse me. There is a question from the County Attorney. You can address the Chairman. I am holding your time and I will give the floor to the County Attorney. Mr. Carvalho: I have a wonderful County Attorney Staff that does wonderful work. Chair Furfaro: Mauna Kea wants time to consult with the Mayor. That is the privilege I am giving him. We are in recess. Please do not leave the Chambers. There being no objections, the meeting recessed at 11:43 a.m. The meeting reconvened at 11:45 a.m., and proceeded as follows: Chair Furfaro: We are back. Mr. Hooser, you still have the floor. I allowed the Mayor to have consultation. Mr. Hooser: Thank you. I appreciate the answer that it was your decision, but that was not the question I asked. The question I asked was, SPECIAL COUNCIL MEETING 97 NOVEMBER 16, 2013 did the County Attorney consult with you and advise you that this was in best interest of the County to release the opinion? Mr. Carvalho: I put in a request to my County Attorney through a communication, like you did, after my review of what was done. I asked for the communication, and to give me the legal opinion, so it can help me make the decision that I have to make, to make sure that this Bill is sound. I looked at the opinion, absorbed all of the information, looked at what I felt as Mayor, as the CEO, and I made the decision based upon what I read. Mr. Hooser: Right. With all due respect, that is not the question that I am asking you. Mr. Carvalho: That is the answer I am giving you. That is the truth. Mr. Hooser: Okay. I will accept you are not going to answer my question as to whether or not the County Attorney... Mr. Carvalho: I feel like I am answering your question. Mr. Hooser: Okay. Do you believe that releasing the County Attorney's opinion was in the best interest of the County given the circumstances of the threat of a lawsuit and the likelihood of an override of this measure? Mr. Carvalho: I believe that it is my right as the Mayor to look at all information before me. It is my decision to be transparent and share the information based on my veto like the legal opinion, and it was my responsibility. I felt... Mr. Hooser: Okay. Mr. Carvalho: Wait, it is my turn. Mr. Hooser: No, I have three (3) minutes and you are eating up much of it... Mr. Carvalho: You guys are drilling me. You have your own time to say your own piece. Mr. Hooser: Was this in the best interest of the County is my basic question. Mr. Carvaiho: All of my decisions are made on the best interest of the County of Kaua`i and the people of Kaua`i and Ni`ihau. Mr. Hooser: Okay. I have a second question, if I could. Chair Furfaro: One more question. Mr. Carvaiho: Go ahead. SPECIAL COUNCIL MEETING 98 NOVEMBER 16, 2013 Mr. Hooser: The passage of this measure, the override of the veto; from reading all of the Department of Agriculture's material on the volunteer program that we have, it is my understanding that passing this Bill does not preclude or stop the State of Hawai`i from moving forward with this voluntary program and to make it as strong as they want to make over the next nine (9) months, next year, or next year after that. This is not "if we pass this we are not going to do the volunteer"... is the volunteer effort not going to move forward regardless of this action? Mr. Carvalho: I just said Councilmember Hooser, from my opening remarks that I have been consistent all the way through. I said to give me the time. I have the ability to work... let me answer your question. Mr. Hooser: No. The question is does passing this Bill preclude the State from moving forward with their voluntary program? Mr. Carvalho: No. The program will continue no matter what. Mr. Hooser: Okay. Thank you. Mr. Carvalho: I said that. I am at the table with them talking, and trying to get all of the information from the people. Chair Furfaro: Sometimes I am almost referred to as being "too strict," but please, as we go through this process, demonstrate that these conversations need our immediate attention. It is a style of kukakuka, to talk through things. Councilmember Chock, you have the floor. Mr. Chock: Thank you. Aloha Mr. Mayor. Mr. Carvalho: Aloha. Mr. Chock: Thank you for bringing up "encourage the heart," because I think that is what our Council Chair was talking about. It is something that you said exemplified within the five (5) practices and something that I also really care about and admire in you because of the love that you have, how you share that, and how you bring it forth. Alongside with the five (5) practices, which is really about getting clear about your beliefs and clear about your values, so that is a lot of work on top of that as well. In making this decision here— it is not a question, but really a reflection of what I am hearing and what I have been listening to is that we have these two (2) tracks that look great for us. Both of them have challenges in them and we have the opportunity to continue down both roads. While at some point down the road, if maybe we come to discrepancy or lawsuits that may slow down the process... I am typically or usually an advocate of "less is more," especially in my life; however, let us call this "overcompensation" before what could be and err on the side of safety here to continue to do more than less. That is all I have to say. Chair Furfaro: Okay. Mayor, thank you very much for requesting your right to exercise under Section 7.05 to come and talk to us. I want to let you know that I really appreciate the fact that you are having this dialogue with the State. I have not gone far with mine, but I want to make sure that the public knows that when you did get in to see the Governor, I appreciate the fact that SPECIAL COUNCIL MEETING 99 NOVEMBER 16, 2013 you consulted with me that you were there and asked my concerns. My concerns still stand based on the following. This is something that could be implemented in the next two (2) weeks by the State. Yes, I wrote them, as you know I copied you on my correspondence to introduce a money bill in this session for five hundred fifty thousand dollars ($550,000) worth of inspectors. The press release says they are going to add ten (10) inspectors in the State. Mr. Kagawa's question is a good one, "how many are dedicated to Kaua`i?" I think for me, that is something that we would like to understand. I have to tell you that I think your approach of one is lokahi or harmony to get it reserved so that you have an understanding for our community. The problem I am having at this point is the fact that what is said in the press release is on a volunteer basis. What we have in our Bill are things that are going to be law in nine (9) months. I see us working through on their voluntary and seeing what they can implement while we get ready to implement this ordinance. Ho omanawanui to all of us. Mr. Carvalho: Hoomanawanui. Thank you very much, Councilmembers. Chair Furfaro: I have a little housekeeping that I want to share with everybody. I do not want there to be a misconception that you could not go to the lua. When we went on the recess, there was this huge movement downstairs. It is not true that you cannot use the bathrooms here. Our meeting is called back to order. I would like a moment to share something. For members of the press that came late and did not alert us of your need to be here, I want to remind you that that assignment of reserving seats for the press is reserved to the Chair's decision with you presenting your credentials. I think there were two (2) members that were waiting outside that we were not prepared for. You are in now, but please, we need your kokua in the future if you are visiting the Chambers of the County of Kaua`i. Second thing, I also want to test everyone on their knowledge about the texting issue, which there has been a lot of coverage on about the interaction between members here. Currently, there is still a posed challenge in the Sunshine Law to texting, but there is no final guideline from OIP that it can or cannot be done. I have, over my four and a half (4.5) years as Chairman, advised the Councilmembers that this is an item that is being discussed in many communities; Florida, Wisconsin, and California. To me, in looking with the research after I have seen this particular piece come out, I do not know that the Office of Information Practices in the State of Hawaii has imposed any final guidelines, so that means that every Councilmember is subject to their own decisions at this point. That is as I understand it, but I think it was also fair to get this information back to you folks. Nobody made a bad decision because they had too much of good information. Members, I am going to call the meeting back to order. I am going to allow some dialogue before I ask for the vote on the motion that was left on the table. Is there any member that wishes to speak? There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: I am going to give each member five (5) minutes. You were previously allocated your ten (10) minutes, so I will allow five (5) minutes at the discretion of the Chair. Go ahead. Mr. Rapozo: Thank you, Mr. Chair. I am debating whether or not I should even speak today because I think I said enough at the last SPECIAL COUNCIL MEETING 100 NOVEMBER 16, 2013 meeting, but I do want to go on the record and get this off my chest because I think it is important. We have seen a lot of E-mails, text messages, and newspapers— I think Forbes did an article about it. I think it is troubling... and I do want to get it out here. I mean no disrespect to Mr. Chock, who I welcome to this body, but the reality of this is that we should not be here today. The reality is that this matter should have been resolved at the last meeting. The fact of the matter is that this body had agreed that we would not put this burden on a seventh member. Individual Councilmembers, except for Mr. Hooser and Mr. Bynum, clearly stated that they wanted to wait. The rest of us said "no" and that it was not appropriate and not fair. In fact, I think Councilmember Yukimura said that— I am sorry? No, it is what it is because I do not think the feelings would be the same if the positions of the Bill were different. I really do not. I do not think it would have been the same, but JoAnn said, "There are many important issues facing the community and we are looking at a much broader set of character and knowledge than one issue." She was announcing her opposition to letting a new Councilmember vote on the issue. She was horrified that the process of choosing Nakamura's successor had to be done in the context of Bill No. 2491. Even Mr. Bynum said that if there are not five (5) votes, to override, that is it. "We will just get another bill and we will do it again after the new member gets appointed." Even our Chair said that he was opposed to delaying the override vote until a new member was selected and that it would desecrate the democratic process akin to a legal adversary stacking the jury with new members who have never heard the evidence. The reality is, whether you agree or disagree, is that this matter came before this body and this body made a decision that we would not put the newly-appointed person in that position. As you saw unfold right here in these Chambers, as it was evident that the vote was not in line for the override, all of a sudden, that changed. All of a sudden, the need or importance to have this isolated from the new seventh member appointment did not matter anymore, which I think is wrong. We keep talking about the Hawaiian values and canoe— one of the things that I really pride in this body is the integrity and the fact that we all can work well together, but with that come a sense of integrity and a sense of agreement, and that when you agree on certain things, you expect the others to up hold. Years ago, I was the commissioner at Pop Warner football and it was at a championship game out in Hanapepe Stadium. Maui was playing Kapa`a. The game had gone on. It was winding down in the fourth quarter and the President from Maui came up and said, "Hey, Commissioner, you need to call this game." Because it was evident that they had lost the game or they were losing the game. Up until that point, everything was fine, but when they realized that they were going to lose this game, they said, "Commissioner, you need to stop this game." I said, "What is going on?" He said, "One of the players from one of the teams does not have their Pop Warner patch on their jersey, which is a requirement." I said, "This issue has come up many times throughout the country in Pop Warner and it is a precedent that we set that we are not going to penalize the child, the player, because of a patch. It is not a safety issue or a health issue." The game continued and they lost the game. My point is that up until that point they knew they were going to lose the game, the fact that the player did not have a patch did not matter. It did not matter. It was okay until they knew they were going to lose the game. That is not right. That is not all paddling the same canoe. I am worried that this is going to set a precedent. That is why we have rules. I am worried that this is going to set a precedent that every time we are in a vote that is not going our way, we will just call a recess and say we need more time. Recess is meant for bathroom breaks and quelling the situation on the table if it is getting out of hand. That is what SPECIAL COUNCIL MEETING 101 NOVEMBER 16, 2013 recesses are for. In this case, we recessed this body with a six (6) member Council and reconvened with a seven (7) member Council; an entirely new body. The Bill will stand on itself. I am not here to talk about the Bill. I think I have said enough about the Bill. I believe the integrity of this process has been compromised. Just imagine, all of you out here who are shaking your heads and nodding your head, if the vote was the other way. Imagine if it was a different result and it was this side of the table that did that. This place would have erupted in chaos. You know that and I know that. I just wanted to bring that up. Thank you, Mr. Chair. Chair Furfaro: Thank you. Mr. Hooser, you have five (5) minutes. Mr. Hooser: Thank you, Chair. We have lots of agreement and we have lots of disagreement on this body and in politics. I would like to think that good people; people of high integrity, good intent, and smart people can look at the same issues and come to different conclusions. That is evident by the arguments here at the table. I am clear. I spent much of the night reading the Charter, reading our Rules, and looking at what occurred. I am one hundred percent (100%) clear that our action reflects the will of the Charter not to have seven (7) members here. If there is any manipulation of the process, I would argue that it is through the appointment of one (1) of our seven (7) members in the middle of a decision that enwrapped our community over months and months. Then we lose one of those to the Mayor's Office, creating an empty seat, which threw this whole thing into disruption. That is where the disruption occurred. I am very pleased that we have a member joining us today who I know, but not know well, has spent a lot of time looking at this issue like many people in our community. This has not been something that you can avoid. This is something that is in the paper every day and in the media every day. I think that as a rule, a body, we will make much better decisions today and every day when we have a canoe that is full and we have seven (7) members here. For what it is worth, the other member who could have been appointed also had a position on this Bill. For that, I would like to close that subject. I am somewhat offended, but I respect the differences of opinion here at the table. Just briefly on the legal issues; again, this is just disclosure, buffer zones, and a study. To have it fought so hard by these attorneys, threatening to sue us, by the Governor stepping in, and by this constant onslaught to stop us from this basic information is just mind-boggling. The Mayor agrees with the premise of the Bill. He said that over and over again. The only argument is the law. The law in the Bill is clear. I am going to take a second. The State Constitution says "we shall conserve and protect." It does not say "you might." It does not matter what Chapter 149A or any other thing says. The Constitution says that "the state and all of its subdivisions," us, "shall conserve and protect Hawai`i's natural beauty and all of its resources." Hawai`i Revised Statutes says, "Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property." In State law it also says, "Any provision of law not to the contrary withstanding," which means it does not matter what other laws say, "the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibrations, or odors which constitutes a public notice." We have nine (9) preeminent attorneys who have said in writing that this Bill is solid. We have a former Supreme Court Justice, George Kimbrell from the Center for Food Safety, and a long list of people who have looked at this and they do not sign letters slightly. We have two (2) University of Hawai`i Law Professors who signed this. We have four (4) letters in writing from four (4) very credible attorneys offering to SPECIAL COUNCIL MEETING 102 NOVEMBER 16, 2013 defend the Bill for free, pro bono. Two (2) offered to defend the County for free. Two (2) offered to defend community groups for free. One of these fellows, Peter Schey, has done over one hundred (100) major cases throughout the nation. He has done cases in the United States. He has been before the United States Supreme Court. Ms. Tico was a former President of the Kaua`i Bar Association. Others have been before the Hawai`i Supreme Court. We have a credible legal defense team prepared to do this for free. We have many lawyers who said there is nothing wrong with the Bill and it is solid. We have nine (9) months to implement it and the voluntary stuff can go forward. We are not going to stop that. Nine (9) months to implement it. If the Mayor or anybody has concerns, we can tweak it. We can do minor amendments, if necessary, to satisfy the concerns. There is no reason whatsoever that this Bill should not move forward. We have covered our basis legally, stepped up to honor the will of the people of Kaua`i. It is a good Bill. We have gone through hours of testimony. I want to thank, you Chair, before I run out of time, for your support of this process all the way through. It took a man like you to make this happen in as good a fashion as it has happened. It has been challenging and I appreciate that. I appreciate the people in our community for coming out day after day. Many here have brought their children here today. I appreciate that. This is a role-model for young people and something that I am proud of, our Council should be proud of, and our community should be proud of. I urge everyone to vote in support of overriding this veto. Thank you. Chair Furfaro: Thank you, Mr. Hooser. JoAnn, you have the floor. Ms. Yukimura: Thank you, Chair. I am so glad that Councilmember Rapozo raised the issue of the process because I feel like there has been a lot of concern out in the community since we made the vote to recess. I know that some of the E-mails have accused the four (4) of us who voted for the recess of "corruption." Have you noticed that on both sides, when something does not go one's way, a person will say, "That is because of corruption." When the Bill was first introduced and deferred for one (1) month, the pro-Bill No. 2491 people thought "must be corruption"— some of them, anyway. When the Mayor vetoed the vote, again some of the pro-Bill No. 2491 said, "Corruption." Now when the Council recesses, hopefully to secure an override by letting the seventh member vote, now the anti-Bill No. 2491 says, "Corruption." In fact, I believe in all three (3) cases, as Councilmember Hooser alluded to, it was just a matter of good-hearted, intelligent, and reasonable people disagreeing and coming to different conclusions. There was nothing illegal or unethical about our action to recess. We recess our meetings all the time. It is a very common parliamentary procedure and it is not limited to bathroom breaks or consultations. All it requires is four (4) votes. When the majority of the Council says "we need a recess," we can have a recess. Now I voted to have the vote on the Mayor's override prior to selection of the seventh member because I did not want the selection of the seventh member to turn on just Bill No. 2491. I am proud to say that we achieved that yesterday. Bill No. 2491 was never mentioned in our discussions. I feel that every Councilmember did not choose a person because of Bill No. 2491. In fact, both Councilmember Rapozo and Councilmember Kagawa voted for K-ipukai Kuali`i, and his position is for Bill No. 2491. That shows the integrity of my colleagues and I think of the process. Sometimes when parliamentary procedure is used, it is often like chess. At the last meeting, it looked like a checkmate for Bill No. 2491, but there was another move that was totally in accord with our rules, and that brought us to today. SPECIAL COUNCIL MEETING 103 NOVEMBER 16, 2013 Coming to the bill itself— I really appreciate the Mayor's visit here, but I really think we need to get a court decision about whether we have the jurisdiction or not. I think it will be in the favor of the seed companies as well. This decision could cut both ways. We do not know what it will be. If they achieve preemption in the courts, that means Bill No. 2491 is not legal and we will have to try another route, but it tells all of us what we have to do. If it is legal, then we can move ahead. I am not sure why anybody on either side of the issue is opposing going to court, and the only way we can go to court is through a bill. I say let us go to court. We have heard testimony upon testimony and not all of it is based on proven evidence of a connection between pesticides and the problems that people are having. We have the study that will give us better information and we are only asking for a minimum of disclosure and protective buffers. We need to move ahead on this Bill. Chair Furfaro: Thank you. Mr. Bynum, you have the floor. Mr. Bynum: We have heard the word "integrity" a lot today. I want to start by saying that I am not questioning the integrity of any individual involved in this debate; not the County Attorney, not the Mayor, or not any of my colleagues. I believe every one of them is sincere and making their judgments with their heart and mind to the best of their ability. We have gone over the rules. It is our responsibility when we are advocating a position on behalf of the citizens and the oath we swore is to use whatever mechanisms are available to further that goal. We are all uncomfortable when parliamentary maneuvers seem uncomfortable, but they are part of American politics. They are not inappropriate in the County of Kaua`i, and when we find that they are, we all can put rule changes in to address that. When the decision was made to move forward without selecting a Councilmember, I was opposed to that decision, but I did not succeed in convincing others. That does not mean that that decision under our Rules could not be reconsidered if circumstances changed, and they did. It is perfectly appropriate. I am not questioning anybody's integrity. We hear a lot about the "opinion." The key word there is "opinion." The County of Kaua`i chooses not take the County Attorney's opinion when in our judgment, his caution... that the public good is more important. Let me give a couple of examples that have been discussed recently on the Council. The inner tube, the safety tubes; our attorneys told us that was illegal and we should not do it. We had to work that out for a long time. The collective judgment in the long run was, "No, this public safety issue trumps any liability concerns that we might have." It was the same thing with public access. Our attorneys have told us, "If you maintain the public access, then you take on additional liability." The Council has said, "Okay. We hear that caution, but public safety and access are more important." Enough said about that. It is an opinion and we will find out. I was an author, along with Lani Kawahara, of the plastic bag ban. We were the seventh community in the nation to ban distribution of these little plastic bags. Five (5) or six (6) communities were being sued by the plastic industry at the time. Lani and I were told that we are going to get sued. I said, "We are unique in Hawai`i. I do not think these large corporations are going to want to sue the same way they did in San Francisco because they do not want to see the juxtaposition of sea turtles in plastic bags." We did not get sued. I am not clear that we will get sued here, but the largest chemical companies in world want to sue the County because we are asking for one hundred (100) feet and disclosure. Well, they probably will because they are not as wise as the plastic industry who said this is SPECIAL COUNCIL MEETING 104 NOVEMBER 16, 2013 not in our best interest to sue Kaua`i. They may sue us because what they do here is important to them. When we have complete disclosure, more and more people are going to break down that disconnect that I talked about last time; breakthrough the denial, breakthrough the defense mechanisms that we all have, and see that there is something seriously wrong here. Thank you. Chair Furfaro: Mr. Kagawa, did you want the floor next? You have the floor. Mr. Kagawa: Thank you, Chair. I want to thank all the members for putting in all their time, effort, and your hearts out on the line on this issue. There are not many other bodies in Government that would be willing to take on this kind of task. My reasons for not supporting the Bill are the legal problems with the Bill; not minor problems, but major problems, as my friend said. Many of you do not know that Klayton Kubo and I were right next to each other in the Waimea High School annuals every year because we are classmates. I want to thank Klayton for all of his work with the Waimea community. He organized the people that are standing up against Pioneer and the dust problems and health problems that are occurring. It is not because he has a bone to pick with them; it is because he cares about his fellow neighbors, his family, the children, and the future. Thank you, Klayton. I look out here and I have some friends here, many are not here. They are not the type of people that show up. They are not people who make up stories or "B.S.", as we call it. The other day Brian Ueno, a Paramedic, came in and told his story about how his wife is experiencing things all of a sudden. I believe him and we need to get answers for him as to what is happening, whether drift is getting into his house or not. The State has the expertise and the knowledge to do it. Right now, it seems that they lack the manpower and the will. It is us, here, who can start this process of improving that. It is so tough for me and it tears me that I cannot tell Brian, "I support you and your idea as how to get those answers." Brian tried to save my father-in-law from a massive heart attack in March, and they tried hard. They are amazing people and it is not only my father-in-law, who they see. They are seeing a lot of health things. We need to get those answers, and we will. This is not an issue that will be voted on today and we are going to stop the work. We are going to work harder after this. For those of you who feel like I do not care about the people, then you do not know that I was born and raised here, surfed, fished, and dived all of the waters on the west side. The rivers— Hanapepe and Waimea rivers... I grew up there. I am a fisherman. I love the outdoors. We have got to get some answers as to what is happening. My baseball coach, who gave me all of the inspiration and training to succeed at the University of Hawai`i when nobody thought I could, he is getting rashes that he explain the living up in Waimea heights. He believes it is from the seed companies' spraying. But this Bill will not give him those answers. We have got to work on the State. It is our job to get more workers here. You should not have to call Honolulu to complain and get somebody to look into your situation. We should call a Kaua`i number, somebody should be out in Waimea within one (1) hour, and checking whether something is going on that is not supposed to be happening. For instance, spraying on a windy day and spraying things that you should not be spraying. We are going to get those answers and we are going keep working. In the end, I believe we can all come together because we all care about the same things. Health and safety is our priority now and forever. Thank you, Chair. SPECIAL COUNCIL MEETING 105 NOVEMBER 16, 2013 Chair Furfaro: Sir, you have the floor. Mr. Chock: I will be real open about what happened last night, which is that I did not sleep at all. It did not happen. Thank you, Mauna Kea. I have to apologize because there was so much going through my mind that I had to write it down, so I am not seasoned like these guys here. I had been fielding a lot of concerns from our community members, who expressed their discontent with how the recess on Thursday led to the involvement of the vote of the seventh member and how it seemed an unfair process. This is discerning for me as well. I too, initially questioned the legality of the move and I was assured by Council Services that the option is a clear parliamentary procedure, which my fellow Councilmembers chose to act on and vote on. The question about whether it is underhanded or not is really not my kuleana then because I was not here, but I understand the concern. It bothered me as well, the difference between rules and how we act on integrity. I would like for it to be known that I have no way been coerced into voting a specific way on the override of Bill No. 2491 by any other Councilmember related to the appointment of this Council seat. What I have been given the opportunity to do by my fellow Councilmembers, which is a huge kuleana that has been placed on me now, and I do not take that task lightly. The decision is a difficult one, one that is no short of potential risks in health and our liability. I guess for me, where I am and really the calling that I have, the kahea I got to come here for was the idea that every leader gets challenged with some difficult things in their lives and they are tested on their values and challenged to stand firm in their beliefs in the midst of risking failure or acceptance by others. By way of my request to serve and my appointment here, I believed I have been called to act on this difficult decision. As some people have requested by recusal, first, I do not think that is an option within this Office or neither an option for me. If I have been given the opportunity to make a difference in the health of a child's life, I am going to take it. Over the last few months, I have remained pretty neutral following the controversial Bill and its progress. I have reviewed the implications of the Bill with our Mayor, had Legal Counsel talk with him, and review many hours of testimony as well. I have spoken to advocates, opposers, and community members in between, and there are many opinions, but the underlying reason for the Bill remain strong in absence of agreed solutions. In addition to that, I would like to say that I have deep aloha for our Mayor. I respect his tough decision that he had to make regarding the Bill. While his direction might be different from mine, I do not think we are that far off in terms of our intention, and I know we will be working collaboratively to see this thing through. Additionally, I have been bothered by the decisiveness displayed in many ways that has fractured our community. I know that we cannot move forward towards those solutions if we cannot come together as one and if we cannot start to trust. We can do better. My hope is that my action today will be a catalyst for healing, to begin, and that we can take a step towards gaining clarity together. I believe healing will not begin in this issue and will not go away until we unfold the truth and validate the concerns being questioned. Furthermore, I believe supporting the override of Bill No. 2491 will put into action, events, that will help clarify the gray areas that we have not been able to answer. I would like to add that this road has only starting, like my colleague had said. They are many more challenges to overcome and decisions to be made. It is your kuleana as a resident of Kaua`i to come together stronger than ever before, harvest the positive energy that you have generated from the gatherings you guys have created around the issue, and work together towards improving the quality of our life and livelihood for the future of this island. Do not let the passing of this Bill be your SPECIAL COUNCIL MEETING 106 NOVEMBER 16, 2013 answer because it is not. The answer resides in you and it resides in how you choose to love yourself, others, and our environment. I have been struggling all night and could not sleep. This morning, I called my 'ohana together. We gathered for pule and I felt this overwhelming presence in me that caused me to start to weep. Typically I am kind of macho and I do not go there, but I realized right there and then that my kupuna were with me. I could feel the anguish and sorrow. Maybe it was to (inaudible) the behaviors that they have seen and how we progressed. Of course, the crying could be just the intense pressure I am under. I will leave you with this. We only know how far we can go until the unknown until we are willing to go there and venture there. Our ancestors knew that and so does Kaua`i, so let us take a step. I am all for overriding the veto on Bill No. 2491. Chair Furfaro: I believe it is my turn. First of all, there have been some things that surfaced today and I want to make sure you folks understand that I have been the Council Chair for four and a half (4.5) years now, since my cousin Bryan passed away. We often talk about the Hawaiian values of kaulike, working together, and getting challenges of managing diversity really focused and so forth. One of the things that I know as the Chair is that I believe I have a higher duty in managing the rules. The rules were very well followed and we were consulted on and I think Councilwoman Yukimura mentioned that. As the administrator of the Council, first of all, I want to let Mr. Kagawa know that I fully, fully respect your decision to reevaluate your vote. That is your right under our Rules. I am glad that we have a make-up of members here that can evaluate a situation, look at equal treatment for all of the members here at the table, and arrive at a conclusion. I believe that is the intent of this Council and the Mayor to do the right thing, for the right reason, for the right people. That is what it really boils down to. I am also very proud for all of these years I have been unanimously elected Chair. When we have challenges like this, we need to find ourselves effectively dealing with all members in a way that we do not damage relationships. This message is for everyone here. We cannot go forward together and not realize we do not want to damage relationships in our community. The other day, I went down with the Police and I removed the tape and the divider that was downstairs. That is something that Kaua`i is known for. I also want to say that in the spirit of the comments fed to us by Mr. Rapozo, it would not change my opinion when we reorganized on Tuesday to ask him to be the new Vice Chair. We need conflicting opinions at times so we come to a point where we have openly discussed all of the challenges. That is my intent when we organize on Tuesday to put his name forth. I appreciate what he offers, just like I appreciate every piece that is offered by everyone here at the table. As I have said to the Mayor in my short comments to him, what I have seen coming out of the Governor's Office— and I really appreciate when he was there. He called me to be inclusive. We have a Mayor that thinks in terms of trying to get everybody involved so we come to an inclusive'decision, whether we agree with it or not, we had a right to participate. I appreciate that feedback that he gives to me. One is a Bill that says volunteer under the section of"may" do this and our Bill says "shall." We keep coming back to these particulars. That is where I have to say that I appreciate everything that has been worked through, but we have nine (9) months to make it a "shall." He is saying that he will work in the next two (2) weeks to make it happen voluntarily. I think we should take our hats off to him for doing that work. SPECIAL COUNCIL MEETING 107 NOVEMBER 16, 2013 I also wanted to make one correction. JoAnn was referencing an article about the three (3) Caucasians and herself who voted in this recess that was in a little editorial; the three (3) individuals from the east side. First of all, I am American. Number two, I am actually from the north shore. This is a document that members of my family, my children's family, and my grandchildren's family, which was a petition to William McKinley to reinstate the Kingdom of Hawai`i. We are Americans. That is the message that I need to share with all of us. This is the American process and I am proud of it. I am proud of all my colleagues. This has been a tough decision and we have others. We have Coco Palms, audit issues, and financial issues in front of us, and we have the State Legislature coming up. There is no clear majority in this Council. We are made of a bunch of very spirited thinkers and that was my message to Mason coming on board. We measure our participation from here to here. On that note, I want to say I am prepared to continue to support the Bill and I would ask to take a vote. I have been reminded this is a Saturday. I have people on overtime. I would like you to take your ukana and everything outside because we need to secure the building. Please, I am going to ask you to leave the building within fifteen (15) minutes so we can secure it. On that note, the Clerk's Office said we need a motion. Mr. Hooser moved to override the Mayoral Veto and for adoption of Bill No. 2491, Draft 2, seconded by Mr. Bynum. Chair Furfaro: Can you read the intent of the vote so everybody understands that it is a vote that reinstates the Bill? Ms. Fountain-Tanigawa: Chair Furfaro, this is a vote on Bill No. 2491, Draft 2, which is to approve. If the vote is successful, Mayor Carvalho's veto of the vote has been overridden. The motion to override the Mayoral Veto and for adoption of Bill No. 2491, Draft 2, was then put, and carried by the following vote: FOR APPROVAL: Bynum, Chock, Hooser, Yukimura, Furfaro TOTAL — 5, AGAINST APPROVAL: Kagawa, Rapozo TOTAL — 2, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL — 0. ADJOURNMENT: There being no further business, the meeting was adjourned on November 16, 2013 at 12:35 p.m. espe fully submitted, It.. JADE ' 'OUNTAIN-TANIGAWA Deputy ounty Clerk :cy