HomeMy WebLinkAbout06/10/2014 Public hearing transcript re BILL#2546 PUBLIC HEARING
JUNE 10, 2014
A public hearing of the Council of the County of Kaua`i was called to order by
Mason K. Chock, Sr., Chair, Finance & Economic Development (Tourism / Visitor
Industry / Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee, on Tuesday, June 10, 2014, at 1:37 p.m.,
at the Council Chambers, 4396 Rice Street, Room 201, Historic County Building,
Lihu`e, and the presence of the following was noted:
Honorable Mason K. Chock, Sr.
Honorable Gary L. Hooser
Honorable Ross Kagawa
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Excused: Honorable Tim Bynum
•
Honorable Jay Furfaro
The Clerk read the notice of the public hearing on the following:
"Bill No. 2546 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO REAL PROPERTY TAXES,"
which was passed on first reading and ordered to print by the Council of the County
of Kauai on May 28, 2014, and published in The Garden Island newspaper on
May 30, 2014.
The following communications were received for the record (see Bill No. 2546
testimony log):
1. Arakawa, David Z., dated June 6, 2014
2. Blachowiak, Debra, dated June 9, 2014
3. Enright, Scott E., dated June 10, 2014
4. Goldstein, Cindy, dated June 10, 2014
5. Nakatani, James, dated June 10, 2014
6. Okamoto, Charles, dated June 9, 2014
7. Rose, Bryna, dated June 9, 2014
8. Shigemoto, Tom, dated June 10, 2014
The hearing proceeded as follows:
SCOTT K. SATO, Council Services Review Officer: Committee Chair, we
received eight (8) pieces of written testimony; two (2) in support, four (4) in
opposition, and two (2) providing comments. We also have two (2) registered
speakers. The first registered speaker is Jerry Ornellas representing the Kauai
County Farm Bureau, followed by Harvest Edmonds.
Mr. Chock: Thank you. Mr. Ornellas, would you like to
come up to speak?
•
PUBLIC HEARING 2 JUNE 10, 2014
BILL NO. 2546
There being no objections, the rules were suspended.
JERRY ORNELLAS: Good afternoon. Jerry Ornellas. I am here
representing the Kaua`i County Farm Bureau. Thank you for hearing my
testimony. I am here to testify against Bill No. 2546, for the record. I am sure you
are all aware of the last United States Department of Agriculture (USDA) Census of
Agriculture. Here on Kaua`i, we have lost over seven thousand (7,000) acres of
agricultural lands that were formally in production. Some of that is attributable to
Gay & Robinson going out of business, but not all of it. It is not just the large farm
operations. Those farms that are one (1) to nine (9) acres in size— we lost
twenty-eight percent (28%) of those farms. The point I was trying to make is the
climate on Kauai right now is not very conducive to agriculture and I am not
talking about the weather. I am talking about the business environment right now.
We have to work hard to replace those acres and I do not think this particular piece
of legislation is going to help. Furthermore, the Farm Bureau represents all types
of agriculture. We do not believe in discriminating or in pidgin holding any one type
of agriculture and singling it out for special treatment. I think that is a slippery
slope and once we start going down that road, you are going to get other people
petitioning you for relief. We are hearing about organic farming wanting special
treatment regarding taxes, agro forestry, food forest; they are all going to be
knocking on your door. I think you need to really consider this before passing this
piece of legislation. Also, something interesting is starting to happen with these
lands used by the seed growers and that is that we are now seeing some mixed use.
As you are all aware, there is a large sweet potato farmer now that is using land on
a rotational basis up to three hundred (300) acres, planting thirty (30) acres at a
time. This is something that the Farm Bureau supports. If nature abhors a
vacuum, then so does agriculture. We think these lands should be put into as much
productive use as possible and if we start getting these mixed uses, which we
support, then how do we separate the research part of it from the production side of
it? I respectfully ask for your consideration in voting this measure down. Thank
you very much.
Mr. Chock: We have a question from
Councilmember Yukimura.
Ms. Yukimura: Thank you. Hi, Jerry.
Mr. Ornellas: Good afternoon.
Ms. Yukimura: Thank you for being here. You said that the
USDA statistic about a reduction of farms on Kaua`i...
Mr. Ornellas: Planted acreage, yes.
Ms. Yukimura: Planted acreage, okay. Part of it was due to
Gay & Robinson going out?
Mr. Ornellas: I believe so because these statistics actually
go back to 2007. I think the period that they covered was 2007 to 2012. I believe
that is the period that is covered.
Ms. Yukimura: I see. The seed/corn company that is now
leasing those acreages are not covered in this survey in all likelihood?
PUBLIC HEARING 3 JUNE 10, 2014
BILL NO. 2546
Mr. Ornellas: Not after 2012, I do not think it is covered;
however, the nature of the seed industry is that they do not plant their total
acreage, as you are well aware. I think that these statistics only reflect planted
acreage. If you are in a fallow period, I do not believe they count those acres that
are fallow or not actually in production at the time the census was taken.
Ms. Yukimura: That would be questionable statistics then
because "fallow" means that it is in production to the extent that it is part of a
sequence, right?
Mr. Ornellas: Yes...
Ms. Yukimura: So I hope they do not not count fallow lands
that are part of a cycle. I guess we can inquire further about that. Then these three
hundred (300) acres of sweet potato... that is really interesting news to me. I heard
something about it. You are saying that there now will be a three hundred (300)
acre sweet potato farm that is growing thirty (30) acres at a time?
Mr. Ornellas: Yes, so it will not be a specific location like,
"Okay, here are three hundred (300) acres."
Ms. Yukimura: I see.
Mr. Ornellas: They will be doing it in rotation.
Ms. Yukimura: Intercropping with seed/corn...
Mr. Ornellas: Yes, because they have long periods of
fallow.
Ms. Yukimura: I see.
Mr. Chock: Can we just make sure that we are clarifying
any questions and not having full discussions here.
Ms. Yukimura: Thank you. I am trying to address his issue
of how you classify these lands if they are mixed use and I am curious about the
extent of... how much of mixed use there is going to be.
Mr. Ornellas: Yes. This is just beginning to happen. This
is something new. Historically, especially from the Farm Bureau's perspective, the
plantations rarely cooperated, as you are aware. They rarely cooperated with small
farmers. We would get irrigation water from them, which we pay for delivery and
that would be about the extent of the corporation between the plantation and the
small farmers. They kind of stayed away from small farms and were not very
supportive of small agriculture. We are hoping that will change. I think we see
that happening now where these large entities will be working with smaller
farmers.
Ms. Yukimura: I just want to know if the end in mind or the
end result that people are envisioning— I recognize that this is sort of
experimental, but that there might be like three hundred (300) acres of sweet potato
at any one time being grown there in the long-term. Is that the vision?
PUBLIC HEARING 4 JUNE 10, 2014
BILL NO. 2546
Mr. Ornellas: I would address those questions to
Mr. Nakatani at the Agribusiness Development Corporation.
Ms. Yukimura: Okay. Thank you very much.
Mr. Chock: Councilmember Hooser.
Mr. Hooser: Good afternoon.
Mr. Ornellas: Good afternoon.
Mr. Hooser: I know you rather be on the farm than be
here.
Mr. Ornellas: Yes. Thank you.
Mr. Hooser: I just have a quick question. As you know,
the way that the tax structure is setup now, there are different categories. We have
Hotel and Resort category and a Vacation Rental category. Some places have
Timeshares as a separate category. Those are all three, one could argue, that are
Resort, but they all three have different impacts and different tax rates. We have
Commercial and Industrial— again, similar uses, but different rates. Owner
Occupied Homes and Rental Homes— they are both homes, but they have different
impacts and different reasons. My question is that right now, agriculture is all
lumped into one "barrel," so to speak, and I know the Farm Bureau supports all
agriculture and does not discriminate, but I would think that different types of
agriculture have different impacts in the community. You are talking about food
forest or organic— they would be general, if you would, on the soil, in the water and
high intensive industrial agriculture be less general. There seems like on a public
policy perspective that it makes some sense to differentiate between those two when
it comes to tax policy. Can you comment on that?
Mr. Ornellas: As a business person... and farmers are
business people, we are very weary of our regulatory measures vetted against us.
Thomas Jefferson said when the government directs, then we shall sew and when
we shall reap, we shall soon want bread. We are concerned that we are going to get
people regulating our activities who are not necessarily— I am not demeaning
members of the Council in any way, but I am not necessarily experts in that
particular field. I understand your point and it is well-taken.
Mr. Hooser: Thank you.
Mr. Chock: Next speaker, please.
Mr. Sato: The next speaker is Harvest Edmonds.
Mr. Chock: Ms. Edmonds said that she is going to hold
her testimony at this time. Next speaker. Is there anyone else who would like to
testify on this item? Seeing none, we will adjourn this public hearing.
PUBLIC HEARING 5 JUNE 10, 2014
BILL NO. 2546
The meeting was called back to order, and there being no further testimony
on this matter, the public hearing adjourned at 1:48 p.m.
Respectfully submitted,
k k r-
S •TT K. TO
Council Services Review Officer
:cy