HomeMy WebLinkAbout07_06_2022 Public hearing minutes on BILL 2870PUBLIC HEARING
JULY 6, 2022
A public hearing of the Council of the County of Kaua`i was called to order by
Bernard P. Carvalho, Jr., Chair, Parks & Recreation/Transportation Committee, on
Wednesday, July 6, 2022, at 8:38 a.m., at the Council Chambers, 4396 Rice Street,
Suite 201, Historic County Building, Lihu`e, and the presence of the following was
noted:
Honorable Bernard P. Carvalho, Jr.
Honorable Mason K. Chock
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable Luke A. Evslin (via remote technology)
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
The Clerk read the notice of the public hearing on the following:
Bill No. 2870 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 23, ARTICLE 3, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO PEDDLERS AND CONCESSIONAIRES,"
which was passed on first reading and ordered to print by the Council of the County
of Kaua`i on June 1, 2022, and published in The Garden Island newspaper on
June 9, 2022.
The following communication was received for the record:
1. Imparato, Carl, dated July 2, 2022
Committee Chair Carvalho: We received one (1) piece of written
testimony. Is there anyone in the audience or on Zoom wishing to testify on this
matter? Lonnie.
LONNIE SYKOS: Good morning, Councilmembers. For the
record, Lonnie Sykos. I understand the County's need to have control over peddling
on County property. I would like to point out that as this is written in Section 3, it
says that the Director of Parks & Recreation has to make rules, which implies that
there are no rules, because he has not made them yet. When this goes into effect,
there are no rules except the total prohibition of peddling anywhere that the
Department of Parks & Recreation has authority over, except for Spouting Horn,
which is separate peddling entity. I would caution the County. It seems to be
fraudulent if you took one hundred dollars ($100) from someone for a peddler license
and told them there is nowhere they can peddle. I have no problem doing it this way,
PUBLIC HEARING 2 JULY 6, 2022
BILL NO. 2870
but the second reality is that there is a total prohibition built into the statute and to
allow any commercial activity at a County facility, the Director of Parks & Recreation
has to make rules. There is an ill-defined requirement for public hearings before any
rule can be issued. If it is the intent of the Council to simply prohibit and never have
vending at County facilities, it would be simpler to say so, rather than to create all of
this with the outcome being no rules, no peddling. That is what this setup for.
Nothing is going to be able to be peddled without public hearings first. The wisdom
in creating this statute over simply outlawing peddling if that is the intent. If it is
not the intent, it is hard to understand how you are going to go through public
hearings and get peddling at any County facility. We are all fully aware of"not in
my back yard," et cetera, how hard it is to site anything. Thank you.
Committee Chair Carvalho: Mahalo, Lonnie for your testimony. Is there
anyone else from the audience or Zoom wishing to testify? If not, thank you.
There being no further testimony on this matter, the public hearing adjourned
at 8:42 a.m.
Respectfully submitted,
JADE . FOUNTAIN-TANIGAWA
County Clerk
ks