MINUTES COUNCIL OF THE COUNTY OF MAUI ROLL CALL

MINUTES

of the

COUNCIL OF THE COUNTY OF MAUI

June 20, 2014

THE REGULAR MEETING OF THE COUNCIL OF THE COUNTY OF MAUI, STATE OF HAWAII, WAS HELD IN THE COUNCIL CHAMBER, KALANA 0 MAUI BUILDING, WAILUKU, HAWAII, ON FRIDAY, JUNE 20, 2014, BEGINNING AT 9:02 A.M., WITH CHAIR GLADYS C. BAISA PRESIDING.

CHAIR BAISA: Will the regular meeting of the Maui County Council please come to order. Today is Friday, June 20, 2014, and it's approximately 9:02.

Mr. Clerk, if you would please call the roll.

ROLL CALL

PRESENT: COUNCILMEMBERS ELEANORA COCHRAN, DONALD G. COUCH JR., S. STACY CRIVELLO, DONALD S. GUZMAN, G. RIKI HOKAMA, MICHAEL B. WHITE, VICE-CHAIR ROBERT CARROLL, AND CHAIR GLADYS C. BAISA.

EXCUSED: COUNCILMEMBER MICHAEL P. VICTORINO.

DEPUTY COUNTY CLERK JOSIAH NISHITA: Madam Chair, there are eight Members present and one Member excused. A quorum is present to conduct e business of the Council.

CHAIR BAISA: Thank you very much, Mr. Clerk.

Members, we're going to enjoy some opening remarks this morning from Councilmember Don Guzman.

Don.

Regular Meeting of the Council of the County of Maui June 20, 2014

OPENING REMARKS

The opening remarks were offered by Councilmember Donald S. Guzman.

CHAIR BAISA: Excuse me, Mr. Guzman, if you could please pause for a moment. Staff, if we could please ask the people in the reception area if they could tone it down. It's very difficult to pay attention to what Mr. Guzman is saying with background noise. Chair would ask you to please be very courteous to others because we have a lot of people here today and we all want to listen carefully.

Please proceed, Mr. Guzman.

(Councilmember Guzman continued with the opening remarks.)

CHAIR BAISA: Thank you very much, Mr. Guzman. And, while we're doing trivia, the Chair is going to take the privilege of the Chair to wish my great-granddaughter Azaleah Baisa, a happy birthday; it's her first birthday. Thank you very much.

If everyone would please rise and join me in reciting the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE

The Members of the Council, and others in attendance, rose and recited the Pledge of Allegiance.

CHAIR BAISA: Mr. Clerk, let's proceed.

DEPUTY COUNTY CLERK: Madam Chair, proceeding with ceremonial resolutions.


CEREMONIAL RESOLUTIONS

RESOLUTION NO. 14-67

CONGRATULATING THE SEABURY HALL GIRLS TRACK AND FIELD TEAM FOR

WINNING THE 2014 ISLAND MOVERS STATE TRACK AND FIELD CHAMPIONSHIPS

CHAIR BAISA: Mr. White.

COUNCILMEMBER WHITE: Thank you, Chair.

I MOVE TO ADOPT THE RESOLUTION ENTITLED "CONGRATULATING THE SEABURY HALL GIRLS TRACK AND FIELD TEAM FOR WINNING THE 2014 ISLAND MOVERS STATE TRACK AND FIELD CHAMPIONSHIPS".

COUNCILMEMBER COUCH:

SECOND.

CHAIR BAISA: We have a motion by Mr. White, seconded by Mr. Couch.

Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. If there are no objections, could I please have the resolution read in its entirety?

CHAIR BAISA: Mr. Clerk, please.

(The resolution was read in its entirety.)

CHAIR BAISA: Thank you, Mr. Clerk.

Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. It's with great pleasure that we once again honor the Seabury School. We congratulate them for their win at the


Girls Track and Field event which is the Island Movers State Track and Field Championships.

When you think about it, there are many schools competing at the State level; most much larger than Seabury Hall, including reigning champs Punahou, which is my alma mater. But, this, but this in mind makes Seabury's win an even bigger deal. In track and field, all schools compete at the same level. There's no differentiation between Division I or division school, Division II schools, making this a historic win for Seabury.

I'm very proud of these girls as they are multi-talented. We saw many of them earlier this year after winning the State Cross Country Championships and they continue to amaze me and I'm sure all the rest of us.

I would also like to recognize one young lady in particular, Dakota Grossman, who has now accumulated ten State titles over her high school career. What a remarkable feat. And the team State title must be a perfect way to top off her high school career. Competing against the best means working extremely hard and I can't imagine the number of hours the girls spent practicing and training.

However, there is one person who's been there through all of this for the girls and that is Coach Bobby Grossman. Coach Grossman has provided great support for the team and shaping these young ladies into champions. Thank you for your dedication and please know that your efforts do not go unnoticed.

As we all know, parents also play an important role in the success of these athletes. I would like to take a moment and have the parents of these students please rise and be recognized.

CHAIR BAISA: Please rise so the camera can pan.

Thank you.

COUNCILMEMBER WHITE: We all know that parents play a big role behind the scenes and it wasn't that long ago that my kids active, were actively involved in Seabury athletics as well. So, I know what it takes. Parents do everything from fundraising to providing transportation and moral support throughout the season. Thank you parents for your efforts in making this, this season a great success.

I would also like to recognize the Seabury Hall Headmaster, Joe Schmidt and Mr. Robert Dougherty. Thank you for providing the wonderful opportunities for our student athletes.


Finally, I want to wish the senior members of the team, that recently graduated, the best of luck in all your future endeavors. Participating in athletics is a great foundation in obtaining your goals. And I know that you'll do well in anything that you pursue. And to the underclassmen, I hope to see you here again next year as you repeat as State Champions. Congratulations. What a great win, Chair. Mahalo.

CHAIR BAISA: Thank you very much, Mr. White.

Members, any further comments?

COUNCILMEMBER COCHRAN: Chair.

CHAIR BAISA: Yes, Ms. Cochran.

COUNCILMEMBER COCHRAN: Thank you. And I can't top everything that Mr. White has just expressed. But I just can't help but chime in because I, I'm a alumna of Seabury Hall. And the school has grown by 109 students since I was there. And at the time, we did feel, definitely, the David and Goliath, you know, feeling. But, today I'm so glad that the, that the school's put the name on the map and we, the Seabury Hall is very much recognized in academics and also now athletics.

And, as Mr. White stated, it all goes hand in hand and it's creating a great foundation for our future leaders, I mean our community, and you know, internationally. So, I want to thank Mr. White for bringing this forward and again thank all the people that he mentioned; as the coaches, the parents, the school, the students especially who put a lot of dedication, time, and effort into these wins. And, looking forward to seeing them excel in life. And, thank you for this opportunity, and Mr. White for bringing the resolution forward. Thank you, Chair.

CHAIR BAISA: Thank you, Ms. Cochran.

Any further comments?

Yes, Mr. Guzman.

COUNCILMEMBER GUZMAN: Thank you, Chair. I also would like to echo my colleagues sentiments in congratulating the team, as well as the parents that work so hard and, and took the time to drive their kids in, to the practices, and have the meals ready, and the snacks ready. Because I think it's really based on, as far as your child can succeed, they always need the parents to support them in everything that they do.


And so, my, my daughter also goes to Seabury so in the Spartan, I guess, spirit, in the Spartan spirit, I just have to say ha-ooh.

CHAIR BAISA: Any further comments?

Chair, of course, would like to add my congratulations to the ladies. We're very proud of you. And as a country person, I'm very proud of that country school. I think it's come a long, long way.

Any further comments? Seeing none, all those in favor say "aye".

AYES: COUNCILMEMBERS COCHRAN, COUCH, CRIVELLO, GUZMAN, HOKAMA, WHITE, VICE-CHAIR CARROLL, AND CHAIR BAISA.

CHAIR BAISA: Opposed "no".

NOES: NONE.

EXCUSED: COUNCILMEMBER VICTORINO.

CHAIR BAISA: Motion carries with eight "ayes" and one Member "excused"; that's Mr. Victorino, and I will not be pointing Mr. Victorino out again as we go along. He's not with us today, he's away on a, a business trip. So the motion passes.

Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. With your permission I'd like to invite Coach Grossman and the team down to receive their certificate and leis.

CHAIR BAISA: If you would please come down folks. And, Members join us at the podium.

COUNCILMEMBER WHITE: And Madam Chair, with your permission I'd like to ask Coach Grossman and Alyssa Bettendorf to--

CHAIR BAISA: Yes, surely.

COUNCILMEMBER WHITE: --provide some comments.

CHAIR BAISA: Please proceed.

COUNCILMEMBER WHITE: Thank you.


COACH BOBBY GROSSMAN: Thank you for having us here again. I hope we're not spoiled. We'd like to be back in the future for this event. So, thanks again for having us.

You know, we're a, a track team which has been said before, we have no track. And we dominated the track this year and I'm glad we represented Maui in a special way. It was a very emotional experience for us.

I want to thank all my ladies here, our track team, for a great season. And, you know, whether they're on the track team, the cross country team; they're friends, they all work together, and they have to work extremely hard. You talk about drive, we have to drive down to War Memorial and spend an hour up and back, and you know, to get our practices in. And, at parks and fields or whatever it is that we, you know, we can get our workout in.

And they work extremely hard every day as you saw out there. We, you know, we have a few, do well at the State. At the MIL level we've won, you know, the last couple years at MIL too which is probably sometimes harder because we have to have so many points. And so they all contribute every day and at the meets. And I just want to thank them, the parents, our school, everybody; it's been a great experience.

And, Alyssa who's going to Northern Colorado and my daughter Dakota Grossman who's going to Utah, we'll miss you. And, I know all the girls on the team will miss you. And hopefully you guys learn something so that we can work hard again and we get back to this position that, that we're in today. So, thanks again everybody. And thank you ladies.

CHAIR BAISA: Thank you.

MS. ALYSSA BETTENDORF: Hi. Well, I also want to say thank you for having us here today. We worked very hard for this moment. And I just wanted to make a few comments about my team because they're the best team that I've had in my high school career. And every day and every practice was a huge struggle especially with our coach who was very tough on us. But, he's a great coach.

But, this team is super special. And no one went through it alone. I think that that was the key to our success this year is that everyone was my best friend. And everyone, I think they know, is very good friends with each other. And, we are just not a team of runners, but we are more importantly a team of best friends. And that pushed us to be our greatest. And, the, the encouragement that these girls can give


is amazing and I will never forget it. And especially on that day of State's, it got everyone through it, I can imagine. In sharing this championship with these lovely ladies is, means the world to me as I am sure it means the world to them.

And, as I am going off to college I realize that I will never get a group like this again and I am so honored to have this. And I just want to say that you were right, Coach Bobby, that this was the team, and we did it, and we will always be your special team. Thank you.

COUNCILMEMBER WHITE: Thank you again team for making Maui proud. And thank you Chair for this opportunity.

CHAIR BAISA: Thank you, Mr. White. And thank you team for being here.

COACH GROSSMAN: Thank you.

CHAIR BAISA: All the best.

Mr., Mr. Clerk, let's proceed.

DEPUTY COUNTY CLERK: For the record, RESOLUTION 14-67.

Madam Chair, proceeding with the presentation of testimony on agenda items. We have established limited telephone interactive communication that enables individuals from Hana, Lanai, and Molokai to provide testimony from our District Offices.

Individuals who wish to offer testimony from Hana, Lanai, and Molokai, should now sign up with District Office staff. Individuals who wish to offer testimony in the chamber, please sign up at the desk located in the eighth floor lobby just outside the chamber door. Testimony at all locations is limited to the items listed on today's agenda.

Pursuant to the Rules of the Council, each testifier is allowed to testify for up to three minutes with one minute to conclude if requested. When testifying, please state your name and the name of any organization you represent.

Hana Office, please identify yourself and introduce your first testifier.

MS. DAWN LONO: Good morning, Chair. This is Dawn Lono at the Hana Office and I have no one waiting to testify.


DEPUTY COUNTY CLERK: Thank you.

Lanai Office, please identify yourself and introduce your first testifier.

MS. DENISE FERNANDEZ: Good morning, Chair. This is Denise Fernandez on Lanai and there is no one waiting to testify.

COUNTY CLERK: Thank you.

Molokai Office, please identify yourself and introduce your first testifier.

MS. TINA THOMPSON: Good morning, Chair. This is Tina Thompson at the Molokai Office and I have a testifier here at the office. First person to testify at the Molokai Office is Adolf Helm who will be testifying on County Communication 14-166.

PRESENTATION OF WRITTEN OR ORAL TESTIMONY

MR. ADOLPH HELM (testifying on County Communication No. 14-166):

Aloha kakahiaka, Chair Baisa, and Co-Chair Carroll, and fellow Councilmembers.

CHAIR BAISA: Aloha.

MR. HELM: Aloha. My name is Adolph Helm, currently the project leader for Mycogen Seeds Molokai, an affiliate of DOW Agrosciences. I was born and raised on Molokai and practicing Native Hawaiian homestead farmer with over 30 years of agriculture experience in all types of farming practices.

On Molokai the seed industry has had a presence since, since the 60's and is the largest private employer on the island. The majority of our workforce today is Native Hawaiians with generational ties to the land and the work we do. The connection we have with the Molokai community is both genuine and special. Building that trust, respect, and a working relationship with local farmers, neighboring organic farmers, as well as the business community, has allowed us to co-exist with the island and its people for decades.

This GMO moratorium initiative is designed to disrupt and hurt the unique lifestyle that we on Molokai truly aloha. Should this initiative become law, and to an extent stop the work we do, may ultimately lead Mycogen Seeds to seriously consider shutting down our operations on Molokai.


The island would suffer both economically and socially through the loss of jobs, as well as families and businesses getting impacted. Throughout the years we have invested millions of dollars in new infrastructures, equipment, people, resources and development, and conservation management practices on the land we operate on.

Contribution to the health and well-being of this island community is an important aspect of doing business on Molokai. Whether producing . . . using pesticides and sustainable farm practices, Mycogen Seeds must follow and comply with strict government laws and regulations including our own internal controls that oversees our operation, the surrounding environment, and the safety of our employees.

We continue to provide opportunities for the community to come and visit our facility, to learn about what we do on Molokai. And Mycogen Seeds extends an invitation out to you, Councilmembers, to come visit us also.

As public servants, supporting the right for citizens to vote for a qualified initiative is the right thing to do. But supporting this GMO moratorium initiative would be the wrong thing to do. I humbly ask you to oppose the initiative itself. Mahalo.

CHAIR BAISA: Thank you very much. Members, any questions for the testifier? Seeing none, thank you very much.

Please proceed, Mr. Clerk.

DEPUTY COUNTY CLERK: Madam Chair, we have 58 individuals who have signed up to testify in the Council chamber. The first person to testify in the chamber is Sunny Savage Luskin testifying on County Communication 14-166.

CHAIR BAISA: And will be followed by?

DEPUTY COUNTY CLERK: Sunny will be followed by further testimony at the Molokai District Office.

CHAIR BAISA: Okay. The Chair would just like to help facilitate testimony. As you heard, we have a number of people that want to testify today. So, we have reserved a seat close to the podium here so when he calls the first testifier and if he announces the second person, would you please move over here so that you can quickly approach the podium. That'll save us a lot of time, instead of waiting for you to come up on one end of the room and, and move over here. So, we appreciate that.


The other thing the Chair would like to say before we proceed is that the, it is the Chair's intent that we will follow our Council Rules, and our normal procedures which will be, we will listen to all the testimony today. And the Chair, with the support of the Members I hope, will be moving these matters that I know are very, very important to you to the appropriate committees for deliberation and action. We will probably not be doing any kind of action today, but that of course depends on my Members after they hear all the testimony.

I just want you to know that we are very, very interested, and excited, and open to hearing you today. But, these matters will probably be fleshed out in committee.

So, Mr. Clerk, let's proceed.

DEPUTY COUNTY CLERK: Thank you. Ms. Savage Luskin, please proceed.

MS. SUNNY SAVAGE LUSKIN (testifying on County Communication No. 14-166):

Good morning, Councilmembers. Thank you for this opportunity. My name is Sunny and I'm from Haiku. And I am in full support of the GMO moratorium and ask that you move this forward into Committee. I'm a mother of two children and am concerned about their future food security here on Maui.

A concern exacerbated by the practices of industrial agriculture and specifically the shortsightedness of biotech companies operating on the island. Their practices are eroding our biodiversity on the island through the loss of plant, insect, and fungi species. The UN's Food and Agricultural Organization known as the FAO, USAID, UNICEF, and the World Food Program, have all put the genetic loss of crop biodiversity as one of the most significant issues facing humanity. How are we going to feed ourselves as we lose our biodiversity?

Part of the solution they are proposing is through the use of wild foods. We need to protect and develop through breeding programs, our wild crop relatives. Did you know that besides getting a thorn stuck in your slipper, kiawe pods ground up into flour, that's F-L-O-U-R, and honey from its flowers, could be providing millions of pounds of foods in the State of Hawaii.

The species we have growing on the island, prosopis pallida has been used in Peru for thousands of years. This species is estimated to expand on the islands with the global climate change that we're expecting. So, it's, its species range will only increase.


The fields currently used for mono-cropping and GMO test plots have multiple species of wild food plants also known as underutilized species. The, I, I'm a wild food forager and just to name a few of those species, we have several different varieties or species of amaranth. We have purslane, bidens pilosa, sonchus oleraceus, mallow greens, and black nightshade greens and berries, all of these have thousands of years of historical use. So, instead of calling them weeds, we are now, and I say we with that larger body of information through the UN's FAO, USAID, UNICEF, and World Food Program, calling them underutilized species. The United Nations Food and Agricultural Organization has estimated that during the last century, 75 percent of crop genetic diversity has been lost.

My fellow GMO moratorium supporters will provide you, may, I'm requesting a one minute extension.

CHAIR BAISA: If you could, if you could please wrap it up. We don't have a lot of time today.

MS. LUSKIN: Yup, yup.


MS. LUSKIN: We'll provi, my fellow GMO moratorium supporters will provide you with more information. But, I wanted to paint a picture of what we do once biotech is gone. A vision of what is possible and to know that food security is linked to biodiversity and our ecosystems is key. I have personally eaten hundreds of wild and underutilized species on the islands and the chemical pesticides and fertilizers are causing extreme and rapid biodiversity loss. We are going to lose it if we don't stop using these chemical inputs.

So, I again urge you to consider future generations in your decision-making. And that's it.

CHAIR BAISA: Thank you very much.

Members, any need for clarification? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber, following Molokai testimony will be Irene Bowie.

Molokai District Office, please I, identify your next testifier.


MS. THOMPSON: The next, the next person to testify at the Molokai Office is Kirby Kester, and he will be testifying on County Communication 14-166.

MR. KIRBY KESTER, HAWAII CROP IMPROVEMENT ASSOCIATION (testifying on County Communication No. 14-166):

Hi, good morning, Chair Baisa and Co-Chair Carroll and fellow Councilmembers. My name is Kirby Kester and I'm the President of the Hawaii Crop Improvement Association, HCIA, and also the R & D leader for Dow Mycogen here on Molokai. I've just recently moved here from Kauai where I've spent nearly the last 20 years working in the seed industry.

HCIA is against this bill for many reasons. But, the most fundamental is because it's simply wrong. It says that one type of farming is not as good as another type. In fact, it says that one type of farming is so much worse than the other types that it should be shut down, placed on a moratorium as years pass by while an . . . is conducted; likely only to conclude what the experts who really understand the science have been saying all along.

HCIA supports all types of agriculture and this selective targeting of certain forms of agriculture is disturbing because I really thought that this country had long ago worked out its discrimination issues. Is that, is that not also true for Maui?

Is there really no need for evidence or data to substantiate the 22 findings in the bill prior to making such decisions? It's also disturbing because in a few decades there are going to be billions of, billions more people to feed on this planet, and we need all types of agriculture at our disposal to achieve this. Is Maui so equipped with agriculture experts among its . . . that it can potentially decide how food is produced for the whole world?

HCIA supports using scientific evidence and data when considering political decisions. We believe this is common sense. This deceptive initiative puts forth many scary sounding allegations and outright falsehoods that have no basis and scientific fact. It's creating confusion and unfounded fears at the expense of biotech farmers and their families without any scientific evidence to back it up. It's a . . . who initially waged war against GM technology, but upon applying science with true intellectual honesty, drew a very clear conclusion. He says, the GMO debate is over, its finished. We no longer need to discuss whether or not it's safe. Over a decade and a half, with three trillion GMO . . . and then it has never been a single


substantiated case of harm. He says, you're more likely to get hit by an asteroid than to get hurt by GM foods.

Though in considering all the outlandish claims of the bill, everyone needs to consider whether or not they really have been proven true. Ask yourself, do I really know much about agriculture? Do I really know much about biotechnology? Have I received any specialized training in plant breeding or genetic engineering? Or more importantly, have the people who are going door to door with petitions received this education and expertise. The question, the questions can go on forever but one, while one must really determine if he or she is being intellectually honest with themselves prior to voting for this initiative.

DEPUTY COUNTY CLERK: Three minutes.

MR. KESTER: At least stop for a moment to consider if you're being honest enough in regards to all 22 of the findings of this bill to potentially cause harm to 1400 employees and their families, and start a cascading effect of economic problems in Maui County.

In closing, DOW Mycogen is committed to being a responsible steward of the natural environment. And after all, we depend on the land to grow our products. As of all farmers who have long-term relationships with the land, this land, why would we possibly mistreat the very earth that we rely on to conduct our business.

We invite folks to visit our farms and see how well we steward the land and see how rigorous and thorough our safety and control procedures are. Thank you very much.

CHAIR BAISA: Thank you very much. Members, any need for clarification of the testimony? Seeing none, thank you.

Mr. Clerk, let's proceed.

And, for the folks in the gallery, the Chair is asking you to please be professional, let's be courteous, and we don't have to react to testimony. We are here to receive everyone's feelings on this matter whether you are for or against, or whatever matter. Let's be courteous to each other. We will give it, I promise you as long as I'm Chair, we will have a full and complete discussion. It will come. If you can't resist the opportunity to talk, please go outside because the rest of us want to pay attention. We will maintain decorum at the, in this chamber at all times.

Mr. Clerk.


DEPUTY COUNTY CLERK: The next person to testify is Irene Bowie, testifying on County Communications 14-157, 14-159, and 14-166. Ms. Bowie will be followed by further testimony from the Molokai District Office.

CHAIR BAISA: Good morning.

MS. IRENE BOWIE, MAUI TOMORROW FOUNDATION (testifying on County Communication Nos. 14-157, 14-159, and 14-166):

Good morning, Chair and Councilmembers. I'm Irene Bowie, Executive Director of Maui Tomorrow Foundation. And I wanted to speak today in support of 157, the acquisition of seven lots at Maui Business Park in Kahului along with the dedication of 35.55-acres in Paia.

Maui Tomorrow fully supports this. We thank A&B for this generous offer and think it's, it's pretty clear that this is a good deal for the County to acquire the location there and get the gift of the 35 plus acres, as part of the North Shore Greenway, the long planned and awaited North Shore Greenery. So, absolutely supporting that.

And then moving on to 159, which is in a way, I see it as a continuation of the vision of the North Shore Greenery, this is moving the Kanaha Beach Park renovations into Councilmember Guzman's Recreation Committee. We fully support that. Maui Tomorrow is a member, a member of the Friends of Kanaha and we have been working with the County and the State on all the various issues going on at Kanaha. Kanaha is, in ways, being loved to its ruin. And it is such a special place as far as the native flora and fauna there. It's also so popular for ocean recreation and it has the unique situation of many different agencies having jurisdiction over parts of it. So, we would really like to see this move into Committee where there can be more discussion of issues.

Just last year there were three, three of the parking lots that were about to be paved over in the, in the sand dune area. We know that Parks Department has, has been a bit overwhelmed with situations lately. And so I just think this really makes sense and we thank Councilmember Guzman for taking a look at this. And, again, as part of the, in our community plan in the Wailuku-Kahului Community Plan, starting at Keopuolani Park, we are supposed to have this vision of a greenway that would go all the way to Paia.


So, with that I know that's not anything for this body to be looking at. But, I'd like you all to be aware of the really ill-conceived six-story building that looks like it's moving further along development at Kanaha Wetlands. And, you know, we're looking hard at that and we're hoping that that ends up not happening.

And then lastly, I would just go ahead and offer Maui Tomorrow's support of moving 166, the moratorium on GMO's; moving that into Committee. I think, as you can see from the people here, from every time this has come up before Council, the number of folks that are here, the number of folks that have signed the SHAKA petition, it's something that the community is really looking at. And further discussion of this item I think is, is really valuable to help educate the community and really, really vet the information, and keep the conversation going. So, we would support that moving into Committee. Thank you.

CHAIR BAISA: Thank you, Ms. Bowie.

Members, any furth, need for clarification? Seeing none, thank you for being here.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber, Ryan Luskin will follow further testimony from the Molokai District Office.

Molokai District Office, please identify your next testifier.

MS. THOMPSON: The next person to testify at the Molokai Office is Cynthia McCutcheon, and she'll be testifying on item 14-166.


MS. CYNTHIA MCCUTCHEON (testifying on County Communication No. 14-166):

Hi, good morning. Aloha, Maui County Council. My name is Cynthia McCutcheon and I am testifying this morning on behalf of myself as an individual. I am a full-time employee at Mycogen Seeds.

I come before you today to address my concerns on the initiative moratorium of the cultivation of genetically engineered organisms. If this initiative passes, the economic impact on our community will be huge. Monsanto and Mycogen are the largest employers on the island and they directly support many local businesses.


In 2008, over a hundred employees lost their jobs, including myself and my mom, when Molokai Ranch which was then the largest employer, shut down operations including hotels, movie theater, restaurants, and a golf course. This was a major factor in the island's high unemployment rate. I don't even want to imagine what would happen to our economy if the seed companies are forced to shut down leaving four times as many Molokai residents unemployed. It would be devastating. Jobs here are hard to come by. There aren't many opportunities for employment. When you have a job, you hold on to it.

The SHAKA Movement has said that our jobs at stake don't matter. It matters. It matters a great deal to the employees and their families who depend on them to put food on the table, to raise their keiki, and to put a roof over their head, and secure their future.

Buying a home is beyond reach for many people on the island and oftentimes so is renting a apartment. That is why many local families here share a house or apartment with their extended family. This job gives me the opportunity of becoming a homeowner. We just purchased a lot which we plan to build our home. What's going to happen if I lose my job?

This initiative puts forth many scary sounding allegations that have no basis in scientific proof, in scientific fact. It's creating confusion and fear at the extent of biotech farmers and their families.

Molokai is my home, it's my life. This is where I want to raise my son, nowhere else. I want him to grow up here and be surrounded by family and friends. This is where our roots are.

Please consider the impact that this initiative will have on not just my life, but many lives in our community. Mahalo for taking the time to hear my testimony today. Aloha.

CHAIR BAISA: Thank you very much. Members, any need for clarification?

Seeing none, Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Ryan Luskin testifying on County Communication 14-166. Mr. Luskin will be followed by further testimony at our Molokai District Office.



MR. RYAN LUSKIN (testifying on County Communication No. 14-166):

Hi there everybody, nice to see you today. First thing I'd like to do is thank the people from the SHAKA Movement for taking the initiative to get out there and get this issue on the ballot. We live in democracy and I'm inspired by your proactivity.

Today is my fourth wedding anniversary and I'm here today not to speak so much for myself but my little baby over there, Zeb. I'm concerned about Zeb. He's just two and a half months old.

Today I've heard numerous people speak about keeping their jobs, that were working with biotech companies. And I totally understand the need to make a living for your family and I respect those people.

Driving here, I was thinking about how amazing it is that just a few years ago, a generation ago, all farms were organic. Pesticides are something I think have come around in the last hundred years. And there were a lot of small farms. Now people need to work for corporations because they can't afford land. I think that we need some change in that scenario and I look to you the Council to not be reactive but proactive and help us create a path to a future where we could maybe support small farms and create ways for people to have, make money in addition to working for large corporations.

I heard a lot of people talking about there, that there is no, no scientific research that corroborates health impacts from genetically modified organisms. Just being the father of a baby, all I know is when he, when my wife was pregnant I was really concerned because I know that autism rates are, you know, much, much higher they were, higher than they were when I was a child. I know that cancer rates are, are up. And so I don't know what the cause, cause of that is but I think that I would, that I would like to err on the side of caution.

I was so happy when my, when my baby was born healthy. And I understand that autism can, can manifest as late as two years old. And so, I'm just really hopeful. We eat organic at home not because we're convinced that we know that pesticides are going to cause autism, but if they do I'm going to try to err on the side of caution. And I would ask you as Councilmembers to do the same.

I also know that corporations are driven by making money. My understanding is there is legislation that mandates corporations to have their priority to be, to make a, a profit. But, I'm not so concerned about their, thirty seconds, I'm not so concerned


about their profit, I'm concerned about my child. Let's see, I just know that Agent Orange, DDT, nuclear testing, these are things that have been brought forth by biotech companies.

My understanding, someone told me the other day that even a police station in Kihei was funded by Monsanto. That's a scary thing. Maybe even some of the people today that come from these corporations are being paid; they're on the clock. I feel for them. I just look to the Council to help us find a way, a better way in the future, and to be visionary.

And, I applaud again, once again, the efforts of the people from the SHAKA Movement to provide an opportunity for people to vote. Because if this is a democracy, obviously a lot of people feel the same way as you. And I for one want to err on the side of caution and small farms. Thank you very much for your time. I'm twenty-five seconds over. Bye bye.

CHAIR BAISA: Thank you very much. Members, any need to clarify the testimony? Seeing none, thank you Mr. Luskin.

MR. LUSKIN: Thank you.

CHAIR BAISA: Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber, Rebecca Sydney will follow further testimony from our Molokai District Office.

Molokai, Molokai District Office please identify your next testifier.

MS. THOMPSON: The next person to testify is Jill Combs, and she'll be testifying on item 14-166.


MS. JILL COMBS (testifying on County Communication No. 14-166):

Good morning. My name is Jill Combs. Just a quick background, I have a degree in plant science with an emphasis on plant genetics and I'm currently obtaining a Master's in plant breeding. I have almost a decade of combined experience in the agricultural scientific field. I began my career working with brassica and it's natural anti-carcinogenic properties. Later, I worked for a small company testing for micro toxins and GMO in order to allow farmers to sell their IP Grains at a premium. I have


also worked for the National Center for Soy Bean Biotechnology, developing free public varieties of soybeans both by GMO and conventional breeding method. And most importantly, a blend of them both.

Three years ago, I accepted the opportunity to work for Mycogen Seeds on Molokai. My projects focused on breeding corn plants that are more efficient in their water and nitrogen usage in order to minimize our impacts on our environment.

I come before you today as a Molokai resident, as a wife, and most importantly as the mother of a beautiful and perfect two year-old little girl, and an adorable and healthy almost two month-old boy, asking you to oppose the GMO moratorium.

For basically all of my career here, I have been pregnant or nursing, including now. This job provides for me and for my growing family. They've been incredibly supportive of my role as an employee, but more importantly than that they've been supportive of my role as a mother.

To me Mycogen is more than just a company I work for. It's a group of my friends, my family members, my neighbors, my community members, the people I go to church with and the parents of my kids' friends.

I know as someone with formal training and firsthand experience on both sides of the debate, that GMO's are scientifically sound and safe. And as a mother, I would never participate in anything that would ever possibly harm my children or the earth that they will inherit. So, I strongly urge you to oppose this bill. Thank you.

CHAIR BAISA: Thank you. Members, any need to clarify the testimony?

Seeing none, please proceed Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Rebecca Sydney, testifying on County Communication 14-166. Rebecca Sydney.

CHAIR BAISA: Is Rebecca Sydney in the audience? Yes.

DEPUTY COUNTY CLERK: Okay, the next person to testify in the chamber is Bonnie Marsh, testifying on County Communication 14-166.

CHAIR BAISA: Have we found Ms. Sydney? If not, Mr. Clerk, who's going to follow?

Oh, we'll take care of it. Thank you.


DEPUTY COUNTY CLERK: Ms. Marsh will be followed by further testimony at the Molokai District Office.

MS. BONNIE MARSH (testifying on County Communication No. 14-166):

Good morning, Council and Maui County citizens. I am private citizen, also a naturopathic physician in Haiku, one of the citizens who brought this forward for you; the moratorium. And the reason I brought it forward, I was asked at a very last minute to bring it forward. And I stepped back for a minute, and as a naturopath who is working with people's health, I felt this was on the top of my list to move forward.

From my understanding, from my scientific background, from who I see come into my office, I work with children, I work with mothers, I'm a mid-wife, I'm a mother, a grandmother, and it's, as I would say, one of my pet peeves or one of my main concerns about the planet, not just in our County but all over the world.

My understanding that in Russia they have completely stopped Monsanto GMO companies from coming into their Country. It's considered a, a crime against humanity if you are caught with GMO food or bringing seeds in.

To know that the seeds are being grown on our island is very distressing to me. I have families that live near the Monsanto farm and are very concerned about the drift of the pesticides, and their children, and seeing their children sick a lot. They come to me and they say we're so concerned Dr. Marsh that our children are sick. There's asthma, there's immune issues. It's very, very real.

Unfortunately in America right now, there is a, there's a duality of information. There's a duality that's presented to the, to the public of what is scientific and what is not scientific; what is being presented to our legislators, what is money is given. So, there's a lot of deception.

So, the, the SHAKA Movement has brought experts in who do not believe these scientific reports that Monsanto and the other companies put out, and are scientists themselves and they are teaching us the truth. So, we want to bring forth the truth to protect our island, our children, future generations, and also be an example for the world that the truth can come through. So, I appreciate your time and I ask for your support in finding the truth. Thank you.


CHAIR BAISA: Thank you, Ms. Marsh. Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber, Lauryn Rego will follow further testimony from our Molokai District Office.


MS. THOMPSON: Next testifier is Andrew Arce who will be testifying on item, County Communication 14-166.


MR. ANDREW ARCE (testifying on County Communication No. 14-166):

Aloha mai kakou, Council Chair Baisa, Members of our County Council. Aloha, I thank you for this opportunity for me to be able to voice my concern to you. I'm a Molokai citizen and, and speaking on behalf of myself. My name is Andrew Kaleiola Arce, a fourth generation Hawaiian homesteader. I'm currently employed by DOW Agro-Sciences here on Molokai as the farm manager.

I currently own and operate Arce's Farm, a family farm that my dad started back in the 1960's and continue to farm with my children and grandchildren today. We grow all types of vegetables and fruits for local sales. I stand before you this day in opposition to the proposed initiative.

I have worked in the seed industry since 1999. I worked with genetically engineered crops when the development of Roundup Ready corn and Bt corn was in its infancy. I worked personally with the USDA and Hawaii Department of Agriculture, organizations that govern the work that we do. We all know the stringent guidelines and requirements for this testing. I know that this technology is safe.

If anyone should be affected in any negative way would be the people who work with it on a daily basis. I know that this technology works and has seen it firsthand. DOW and Monsanto are the island's largest employers. If this initiative becomes law, what will happen to our island? Molokai already has one of the highest unemployment rates in the State. We pay some of the highest electricity rates in the nation and the list goes on and on; gas, milk, transportation costs, etc. How will this affect our


fragile economy we have on Molokai? Our businesses will suffer. Increased cost will be passed onto the consumers making it more expensive to raise our family on this island that we love.

At our site, we have both husbands and wives from the same family employed there. So, can you imagine what these families are feeling? Puaa, Guerrero, Adolpho, Ragasa, Maniago, Carino, Gamit, Kaahanui; these are some of the family names of the 300 families that will be affected. These families livelihood is in jeopardy. How will they pay their mortgages, car loans, send their keiki to college, and just everyday living here on Molokai?

Sure they can get government assistance. Speaking with some of my co-workers that were on welfare prior to working at DOW and do not want to go back to the system. Working has given them confidence and pride in themselves.

I'm thankful that I can generate income and continue to farm my homesteads. I'm also grateful that my wife has a steady job and we can continue to have medical insurance for my family in case things go bad.

Some of my concerns would be how it would increase of inputs for my farm. The Molokai irrigation system is feasible because of big users that keep the system operable and profitable. Other inputs like drip irrigation, fertilizers, pesticides, soil additives, etc., will end up costing more because our Cooperative Hikiola would not be able to keep a big inventory on hand. These companies play a big role in keeping agricultural supplies affordable for all farmers.

Our natural resources will also be put to the test. More of us are relying on subsistent fishing and hunting. How long will Molokai be able to sustain its people? I believe that agriculture plays a major role on this island. I believe and support all types of agriculture; conventional, organic, subsistent, genetically engineered. I believe in new technology and science. I believe in coexistence.

We have seen what happened to Molokai when Molokai Ranch shut down operations. Around 100 employees were affected. Now we're looking at 300 families possibly losing their security, their hopes, and their dreams. I urge you not to support this initiative. Mahalo.

CHAIR BAISA: Thank, thank you. Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.


DEPUTY COUNTY CLERK: Madam Chair, it's my understanding that Rebecca Sydney is now available.

CHAIR BAISA: Ms. Sydney.

DEPUTY COUNTY CLERK: Rebecca Sydney, please come to the, the testifiers stand. Ms. Sydney will be followed by Lauryn Rego.


MS. REBECCA SYDNEY (testifying on County Communication No. 14-166):

Good morning and thank you. I had to go move my car, and then the elevator is broken so I had to run up the steps, sorry.

CHAIR BAISA: We understand.

MS. SYDNEY: Good morning, thank you. It seems like the theme today is David and Goliath, right?

People who are pro-GMO, they say that GMO's are no different than regular food. Well, genetically modified crops are plants were the DNA has been modified; it means changed using genetic engineering techniques. In most cases the aim is to introduce a new trait to the plant which does not naturally occur in the species. Because they are modified, they are different because they have traits that are not natural also makes them different. They are not the same.

They say GMO's are safe. Well, the consensus on GMO safety does not exist. The claim that it does exist is misleading, deceptive, it misrepresents the current available scientific evidence among scientists on this issue. Moreover, the claim encourages a climate of complacency that could lead to a lack of scientific rigor and appropriate caution, potentially endangering the health of humans, animals, and the whole environment.

Studies concluding that GM foods were as safe as nutritious, and nutritious as these obtained by conventional breeding were performed by biotechnology companies and associates which are also responsible for commercializing these GM plants.

It is often claimed that trillions of genetically modified meals have been eaten by, by people in the United States with no ill effects. However, no health studies in human populations have been carried out to establish whether there are any health effects


associated with GM consumption because GMO foods are not labeled in America. It is scientifically impossible to trace, let alone study patterns of consumption and their impacts. Therefore, the claims that GMO foods are safe for human health has no scientific basis. Show me one study.

People who are pro-GMO will say GMO's are good for the environment. GMO's use the most toxic chemicals that kill microbes in the soil. They use chemicals to kill the pests. And they, if they don't use chemicals, they create plants that are living pesticides such as BT corn which is grown on Maui. All of these chemicals poison our resources; the water, the soil, the ocean, the air.

Roundup alone has been scientifically proven to deplete the soil, cause birth defects, is a hormone disrupter, an endocrine disrupter, damages human DNA, is linked to non-Hodgkin's syndrome lymphoma, poisons fish and amphibians. It's found in the drinking water. Sorry, may I continue with this sentence?

CHAIR BAISA: Would you please conclude? Thank you.

MS. SYDNEY: Yes, thank you. And is found in the urine of farmers. And people on Maui are getting tested with glyphosate in their urine.

In 2012, Monsanto was found guilty of chemical poisoning of a farmer who now suffers severe and permanent neurological damage. There's a paper that I gave you all for, on that.

The disappearance of the bees has also been scientifically linked to chemicals; mainly neonicotinoid used on GMO corn. Monsanto promotes neonicotinoid and coats their corn seed with this killer that's killing the bees. There is reasonable doubt that GMO's are safe. There's doubt and we just want proof. Thank you.

CHAIR BAISA: Thank you. Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Lauryn Rego, testifying on County Communication 14-166. Ms. Rego will be followed by further testimony from our Molokai District Office.



MS. LAURYN REGO (testifying on County Communication No. 14-166):

Good morning. Aloha, Council. My name is Lauryn Rego and I would like to provide testimony in support of Communication 14-166.

In March, I found a lab on the mainland that offers testing for glyphosate in urine. For those that don't know, glyphosate is the active ingredient in Monsanto's Roundup. Originally discovered and patented by Monsanto, other manufacturers of glyphosate include Bayer, DuPont, and DOW. All of these companies have a stake in the Hawaii seed and biotech industry.

We need to remind ourselves that these farmers that are opposed to this bill are employed by these chemical companies. And the genetically modified seeds that they are growing are nothing more than mechanisms to sell more of their chemicals; including glyphosate, the biggest seller of all time.

When I learned that there was a way to test my urine for glyphosate, I bought the test right away. I live a very clean life. I eat well, I have an organic garden, I've never bought weed killer in my life. I don't live near any fields; not a soccer field, a cane field, a GMO field, nothing. Why would I have glyphosate in my urine? Truthfully, I thought I was going to test undetectable.

I researched glyphosate urinalysis and came across the Farm Family Exposure Study. Conducted in the year 2000, this study was sponsored by both Monsanto and DOW. This is their study. So, these aren't numbers that they can discredit. What they did is they took farmers who were spraying at least 10-acres with glyphosate and they tested their urine. On the day of application, they found on average a farmer who mixed and applied Roundup with gloves on tested around two parts per billion. And a farmer who did so without gloves tested around 10 parts per billion.

Imagine my surprise when my results came back at 10.5 parts per billion, higher than a farmer spraying 10-acres at a time without wearing gloves. What does this mean? I would like to have children someday. One doctor has suggested that it would be unadvisable to conceive at this level.

These meetings tend to bring out a lot of testimony from people on the clock who repeat the same story; I love my job, I trust my employer, I would know if we were doing something harmful. I am here to tell all of you I am a living, breathing example that something Monsanto is doing has gone wrong. There is no reason why I should test at this level of weed killer in my urine given the lifestyle that I live. So, let's just slow it down. Let's stop what we're doing and let's conduct some tests. Let's find out what else is being sprayed and let's test for that too. I think that's only sensible.


I'm aware that this testimony may or not sway the Council. But if a single Monsanto or Mycogen employee out there listening puts it together, that if I have this going on in my system, that they might want to start thinking about what's going on in their bodies, then getting up here will have been worth it. I forwarded everyone my test results last night and links to the studies that I cited. Thank you.

CHAIR BAISA: Thank, thank you. Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber Mark Sheehan will follow further testimony from our Molokai District Office.



MS. THOMPSON: The next person to testify is Gina Buehner and she will be testifying on County Communication 14-166.

MS. GINA BUEHNER (testifying on County Communication No. 14-166):

Good morning. I come before you today to voice my concerns about the ballot initiative to place a moratorium on the cultivation of genetically engineered organisms. I want you to keep in mind that Molokai is a small community that relies heavily on the established working relationships between the businesses in our communities and the seed companies that work together to enable livelihood for all of those fortunate enough to live on Molokai.

Molokai is a perfect example of coexistence and cooperation. We farm seed corn right down the road from an organic farm. By working in cooperation with one another, we are allowed to prosper and grow our respective businesses. We are good stewards of the land we farm.

Unlike the statements in the ballot initiative, genetically modified cropping is one of the most highly regulated industries in the world. In my previous role in a regulatory capacity, I know for a fact that the USDA, EPA and FDA must review all the data packages that are submitted before the deregulation of a trait.


Another misconception in the ballot is that this is somehow an immediate turn that we identify a gene and put it into a plant. It takes eight to ten years of study and testing, first in greenhouses and then in isolated field trials under the strict guidelines set forth by the agencies whose role is to ensure the safety of the food supply. They do this all in cooperation with one another to ensure the safety and efficacy without unduly harming the environment.

The US food supply is one of the safest in the world. We do not need to fear that the government does not have our best interest at heart. In fact, most of the instances of issues with our food supply are organic based, not GMO. Farmers generally use less pesticides. The Bt corn that we plant is the same as the Bt that is sprayed on any organic crops. So why is there a difference?

I challenge the County Council to think about a few facts. In the middle 1800's, there were 23 million people in the United States, and 74 percent of them were involved in agriculture because they had to be. And the people ate whatever they could grow and that's all they ate. Fast forward to modern times and in 2012 there were 313 million people in the U.S. And can you guess the percentage of people that are involved in agriculture? 1.5 percent. And we eat anything we want because its abundance and someone else is doing the work for us.

The average farmer in the U.S. is 56 years old. Young people are not getting into farming because it's too hard. Without modern agricultural practices, we will not be able to feed our growing world.

The seed industry is not doing some sort of wild Franken-science. We are using sound, scientific principles and tools, to help the plants survive in a challenging environment. The technology is really just giving mother nature a helping hand.

For generations, farmers selected the best plants; the ones most resistant to pests and diseases, and through breeding developed crops resistant to pests. That process takes time and the tests are revolving right along with the new varieties.

With biotechnology we can use tools like DNA fingerprinting to identify the genes--

DEPUTY COUNTY CLERK: Four minutes.

MS. BUEHNER: --that will confer resistance to the tests. And then we use that very same breeding technique to transfer the desire trait into the plant. A gene is a gene; it doesn't come from a plant, from an animal, from an insect.

CHAIR BAISA: Please conclude.


MS. BUEHNER: These techniques are sound and they may sound complicated. But, if you take time to learn the science and don't let the fear mongers convince you that the technology is inherently bad. Climate change and global warming are a fact. And if we don't modify our practices then we are dooming ourselves and our planet.

CHAIR BAISA: Testifier, will you please conclude, you've used your time.

MS. BUEHNER: Thank you very much for your time.

CHAIR BAISA: Thank you. Members, any need to clarify?

We're going to take a very brief recess here to try and handle the, whatever is going on at the table there. So, please don't leave your seats. We are in recess.

(THE MEETING WAS RECESSED BY THE CHAIR AT 10:11 A.M., AND WAS RECONVENED AT 10:16 A.M., WITH ALL MEMBERS PRESENT, EXCEPT COUNCILMEMBER VICTORINO, EXCUSED.)

CHAIR BAISA: Will the meeting please come back to order.

The Chair is going to ask you one more time. Please be respectful and take your conversation away from the open doors. You don't realize it, but if you're standing at the sign-in table having a conversation, it comes right into the chamber and it's very distracting. We want to listen to the testifiers but it's difficult if you're talking and people are talking at the door, we're going to miss it. I know you made a special effort to be here. If we want to be heard, we need to be courteous.

Let's proceed, Mr. Sheehan.

MR. MARK SHEEHAN (testifying on County Communication No. 14-166):

Good morning, Members of the public, Councilmembers, Chair. My name is Mark Sheehan. I'm here to testify as President of the Haiku Aina Permaculture initiative which is an attempt to really reclaim depleted soil through soil science. And we have a 14-acre operation in Haiku.

And I'm really here testifying about health. Just like the issues with big tobacco. We knew 50 years before bans, restrictions came on tobacco. It was known by the companies who produced it that it had horrific effects. But they were able to confuse people and have scientific experts say there were no harmful consequences.


Here we are, we have an opportunity, this in, in the weeks ahead to, to delve into the deeper issues of the health consequences. The health consequences of using genetically engineered crops and the massive use of pesticides associated with them accumulate over time.

And for those people who are voting for their jobs, we are very concerned in the SHAKA Movement for the health of the farm workers because they are the people who are most impacted. We know this from the studies that have been done in California and the health impacts on farm workers in California. We are using far more pesticides here because of the three or four crops that the companies and biotech companies here are able to get from our favorable climate.

The, these massive use of pesticides are having a tremendous impact on people, particularly on the unborn. There's a point in the birth cycle where the fetus is producing a million cells a second. So, very, very minute quantities of chemicals are able to disrupt the, the, they're called endo, endocrine disruptors, are able to disrupt the birth process which is why you see so many changes. You have miscarriages, birth defects, and we talk about autism. Maybe that's probably the single one.

When I was born, one in one hundred thousand people had autism; wasn't even known about. In 1981, it was one in ten thousand. Today, it's one in sixty-eight thousand. So, you are really in a position to have to start connecting the dots, what is going on? Just look at the disease rates. We don't have good statistics because not all the States do it. But, there are statistics out there that show you the mounting evidence.

Talk about chemical use. Roundup in 16 years from 1996 to 19, to 2011, the increase of Roundup use went up 6100 percent. So, it's the massive use of not just one pesticide. And, and by the way Roundup is several, it's glyphosate, one of the most studied, one of the most toxic chemicals known, and the chemicals that are used with them have cumulative effects.

And when they are used with atrazine, cloroplyethos, permethrin, and these others as they are used on these farms are having long-term devastating effects on, on the farm workers. We need some farm worker justice. And I'm here to appeal to you to spend the weeks ahead delving into the scientific research showing the harmful, long-term and, and cumulative effects of these chemicals, and the genetic, engineered crops. Thank you.

CHAIR BAISA: Thank you very much. And I assure you we're going to do that.


MR. SHEEHAN: Good.

CHAIR BAISA: Members, any need to clarify?

Seeing none, Mr. Clerk, let's go.

DEPUTY COUNTY CLERK: In the chamber, the next person to testify, testify following Molokai District Office will be Joe Marshalla.


MS. THOMPSON: Next person to testify is Dawn Bicoy who will be testifying on item County Communication 14-166.


MS. DAWN BICOY (testifying on County Communication No. 14-166):

Aloha, Council Chair Baisa, Vice-Chair Carroll, Molokai Councilmember Crivello, and respected Councilmembers.

A sincere mahalo for hearing my testimony. My name is Dawn Bicoy, and I've been employed with Monsanto for 13 years. My family has five generations on this island, beginning in agriculture over 110 years ago. And I'm proud to carry on that tradition.

I'd like to start by pointing out some current statistics for Molokai, which are extremely sobering. Thirty-five percent of our island is on government assistance; that's over a third of our island, which costs the State over 6.9 million annually. Our current unemployment rate is 8.5 percent, almost double other islands in the State. This adds up to only 28 percent of our Molokai residents as employed, of which 11 percent are employed by the Molokai seed industry.

These are the raw realities we face on Molokai, and what needs to be seriously considered before we pass a bill that will tip our island's economic scale to a point where it's legitimate to ask if a recovery is even possible. And not just for those affected, but for our entire community.

We don't have the luxury of available jobs, or other industries like tourism or construction that can absorb the loss of 11 percent of our island's workforce. It just can't be done.


Monsanto's contribution to this island not only include our obvious salaries, capital improvements, and local vendors we pride ourselves in supporting, it also includes our philanthropy driven by our employees because we are the community. We are youth coaches, church volunteers, and environmental advocates.

We offer scholarships to our Molokai High School graduates, Science Education Grants to our schools, community donation program for our island non-profits, sweet corn sales for large scale fundraisers, United Way donations, and our Monsanto Fund which has gifted over $100,000 to environmental causes on this island alone. All these things are desperately needed, and deserving of our community.

So here we are faced with a proposed bill to place a moratorium on GMO's, where time and again our industry has produced credible scientific evidence from respected bodies to substantiate its safety, like the National Academy of Sciences, the American Medical Association, and the World Health Organization.

All these credentialed statements and scientific findings, while we watch the opposition continuously move the goal posts. Why? To shut us down because they have different ideologies? This is Hawaii, our roots are founded in diversity. None of us were told to leave.

Molokai Ranch, now the seed industry, who's next? On Molokai we are simply a microcosm of what will be if we allow unsubstantiated claims to disproportionately affect how our County is run.

My grandfather Petronilo Bicoy always told us, "you going knock down one banana tree, you plant two in its place". His simple wisdom reflects what good leadership considers, when faced with important decisions.

Please know that we, the employees of Monsanto Molokai, stand in heartfelt opposition. Passing a bill like this would do nothing less than devastate this island's community and the economy, and the people you so faithfully serve. Thank you for your time.


Mr. Clerk.


DEPUTY COUNTY CLERK: The next person to testify in the chamber is Joe Marshalla testifying on County Communication 14-166. Mr. Marshalla will be followed by further testimony from the Molokai District Office.


MR. JOE MARSHALLA (testifying on County Communication No. 14-166):

Madam Chair, distinguished Members of the Council. My name is Dr. Joe Marshalla and I speak as a private citizen and I look forward to seeing each of your eyes as I speak so that I know that I'm being heard. Thank you.

Jobs, whoa jobs, going to hurt the economy, it's all going to get destroyed, and the truth is there doesn't have to be a single job lost; not one of you needs to lose your jobs. All the industry needs to do is to grow conventional corn or organic corn. And while they're doing that, the various tests and things that people would like to see and check can be done while that's happening; no, no job loss. And in fact, maybe even increased jobs.

So, this economic concern and this worry, is truly not an issue. Simply change what you grow.

VICE-CHAIR CARROLL: Please speak to the Chair and not the audience.

MR. MARSHALLA: Thank you.

CHAIR BAISA: Thank you, Mr. Vice.

MR. MARSHALLA: Yea, I appreciate that.

Now, 20,000 people, the SHAKA Movement, 20,000 of your fellow citizens, not just a number, a statistic, not just your constituents. But, 20,000 people that you share this island with, that you walk amongst would like to know, would like to know whether or not what is happening is safe.

They, we hear all of these studies, we hear all of this information, but where are the tests here, where are the soil samples, one foot, two feet, three feet, where are the water samples, the reef samples, the sand samples, the dust samples in the homes. Where are the blood samples of the employees and or the communities? Where are they? That's what the people would like to know. What's happening right here. Not


what has happened in a laboratory or elsewhere. What's happening right here. It's a real simple question.

Now, the biggest concern that I understand before the Council as well as the Mayor's Office is being sued. That if you put this moratorium forth, we're going to be sued. Now, quite frankly, I believe that each of you, as your job description, are mandated and sworn to uphold the Hawaiian Constitution which is very clear on this matter, very clear that the public trust resources are to be conserved and protected for current and future generations.

So, does a function of your office that have the citizens, nearly half of the people who voted last election, would like to know if this is safe. And it is a function of your office to represent those individuals. It's not even a choice. It is a function of your position within the constitutional mandates. May I have one more minute please?

CHAIR BAISA: If you can conclude please.

MR. MARSHALLA: Sure. So, if each one of you sitting in this room now, Councilmembers and Madam Chair, if you are absolutely certain that there is no problem whatsoever, that everything that is happening is contained within those fields; if you are absolutely certain that there's no possibility of vapors dripping, or dust dripping, or the waters being hurt, well then by all means; vote it down. But, if you have a shadow of a doubt that maybe, hey, you know it rains a lot and I see the dirt running down the road, I see the, the dirt in the ocean when it rains like that. I see dust throughout the homes.

You experience that and, and maybe the water table is being contaminated like what happened with pineapple and now all of a sudden we have to sue them and get 30 years of water filtration. No one knew that it happened. So, if you have any doubt whatsoever, let's check it out, let's check it out.


MR. MARSHALLA: I don't believe there's anyone of you in here right now who can look me in the eye--

CHAIR BAISA: Mr. Marshalla, you need to conclude.

MR. MARSHALLA: Thank you.



MR. MARSHALLA: Look me in the eye and say that you absolutely guarantee that what is happening is pono. Thank you for your time.

CHAIR BAISA: Thank you. Members, any need to clarify the testimony. Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber, Roma Carlisle will be follow, will follow Molokai District Office testimony.

Molokai District Office, please introduce your next testifier.

MS. THOMPSON: The next testifier is Carl Adolpho who will be testifying on item 14-166.


MR. CARL ADOLPHO (testifying on County Communication No. 14-166):

Aloha, Maui County Council. My name is Carl Adolpho. I would like to first thank you for the time that is being taken to hear these testimonies concerning this bill.

Despite the fact, despite the fact that it is not a, I am sorry, I was speaking, the last time I spoke against or I spoke in favor of a bill or against any bill, I was speaking against a move to regulate pesticide use on a large scale. I believe that some of you sitting in the Council today are on the Committee that oversaw that bill.

As I sat here today and listened to some of the testimonies, I couldn't help but chuckle at the irony of the situation. The same people who stood up and bore testimony to the atrocity of pesticides are here today equally concerned about the effects of GM crops which as you have heard many times, and may have read, have been scientifically proven as safe and has been largely consumed by the public for over 20 years. The irony is that one of the major benefits of GM crops is the reduction of pesticide use. If you have a crop that is resistant to insects and disease, the need to spray insecticides and fungicides used to counter these pests becomes limited.

There have been a lot of individuals that have said that all those opposing this bill have done so in fear for their jobs. Let me assure you that the economic problem that would exist if these bills, if this bill pass is very real. But there is not only, but


that is not the only reason why the employees of biotech companies are so frustrated with the accusations being given.

The reason why the employees stand and testify against this bill is because we are the ones who work in agriculture. We don't deal with 17-acres or 35-acres. We are the farmers who tenure hundreds of acres. We are the farmers that work with the plants every day. How many of those who stand and testify in favor of this moratorium can say that?

I think that we can all agree that the written bills that have been set in motion have nothing to do with the safety of the public, but instead are malicious attacks against the major seed corporations, and ultimately agriculture. The question that needs to be asked is what is to be deemed from passing this bill?

Although I can imagine some people personally benefit, benefitting, what I would like to stress is the losses. Besides the obvious economic impact, the loss of jobs and the millions of dollars of revenue that come with these corporations being stationed here, the most devastating is the loss of the use of genetically modified crops even outside of these seed companies.

How are we going to become self-sustainable? How are we going to feed 1.4 million people in Hawaii on a limited irrigation system in a environment, in an environment where diseases are prevalent year round and agricultural land is truly valuable? How are we going to do this without the latest advancements in agriculture technology? How can we do it without GM crops?

To pass this bill would be to destroy the future of ag in Hawaii, and that is something that we truly can't afford.

In conclusion, I would just like to say that certainty is a luxury that no one can afford. There is no certainty that I will live to see tomorrow. That doesn't mean that I should just stay in bed and not make an effort to try and live my next days. Thank you.


Seeing none, Mr. Clerk, please proceed.

DEPUTY COUNTY CLERK: The next person to testify is Roma Carlisle testifying on County Communication 14-166. Ms. Carlisle will be followed by further testimony from the Molokai District Office.



MS. ROMA CARLISLE (testifying on County Communication No. 14-166):

Good morning. Thank you very much, Madam Chair and Councilmembers. And I want to acknowledge and thank every person who is sitting in this room, every person who spoke over the microphone. This is a very scary situation that we're facing.

VICE-CHAIR CARROLL: Again, please talk to the Chair and not to the audience.

MS. CARLISLE: Okay. To her? All right. I'd love to do that.

CHAIR BAISA: While in the chamber it's courteous that you address the Chair.

MS. CARLISLE: All right, thank you very much. I appreciate the education.

CHAIR BAISA: Everyone else will listen.

MS. CARLISLE: All right, thank you, thank you. I would just like to encourage all of us to breathe because I know this has been a very intense experience so far. And, I want to share with you, I was a petition holder and in the month of May, I collected 300 signatures and there were times when as soon as I got the words out of my mouth, GMO and genetic engineering, people grabbed for the petition to sign it. They were very anxious to sign it.

And while they were signing it, there was an amazing energy that was present that I felt flowing through my body. And the only word that I can find for that energy is pono; it was pono. It was doing what is right and it flowed. It was flowing like a river through, through both of us. And the joy to know that you're doing what's right is what this is about.

And the truth is that we're, we are, God is, and people have survived for thousands of years with trust and faith. It's really not up to us to figure out what we have to do to survive. God gives us the opportunities; gives us what we need, has given us, especially on these islands for centuries. There's no question that things will be all right.

So, we need to trust and give thanks for the opportunity to take a look, for the opportunity that we're asking for to simply trust to, to, to, to try to do the trials and see if these substances are damaging or if they're safe.


I ran into a woman in Kihei who lived right next door to one of the, to one of the fields where they're growing form, corn and she told me that she wasn't feeling well. She went to a doctor, they couldn't figure it out. And she had corn silk growing on her body. Do you know they shoot a human DNA cell with a gun into the corn DNA cell with the use of virus in order to make it stay? I want this tested as soon as possible. Thank you very much. Thank you very much. Thank you for hearing me.

CHAIR BAISA: Thank you very much. And the Chair, again, will ask you to please maintain decorum in the chamber. We all understand and appreciate the testimony very much. We realize this is an important matter.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber Samuel Small will follow further testimony from our District Office.


MS. THOMPSON: My next testifier is Josh Hunziker, who will be testifying on item County Communication 14-166.


MR. JOSH HUNZIKER (testifying on County Communication No. 14-166):

Hello, good morning. Dear Honorable County Councilmembers, my name is Joshua Hunziker and I'm a proud employee of Monsanto Company on the island of Molokai.

I want to first state by reminding you to please be reasonable when it comes to deliberation of Bill 14-166. This bill will dramatically and negative to, negatively impact Maui County. The proponents to this bill will have you believe that losing 260 plus jobs on the island of Molokai will have a minimum impact on Maui County. And I emphatically be, believe that they're wrong. The economy of Molokai is very delicate and any negative impact, however large or small, should be evaluated with the utmost attention to every detail.

I urge you to use caution when deciding this bills fate because what kind of world will be, be waking up to should this bill be passed? The kind of world where without sound evidence, an entire industry, and subset of the population can be demonized, persecuted, and forced by the government into losing their sole means or prosperity.


The proponents to this bill would have, have used every tool at their disposal to convince the people of this great State that genetically engineered crops are unsafe and the people in companies that produce these crops are inherently evil. The tools that they've used are mainly fear mongering through the use of outrageous and unsubstantiated claims.

Correlation does not prove causality. That is one of the most fundamental tenants of statistics and science. Just because something is correlating with something else does not mean that that is the cause. So, it's with that that I believe this bill has nothing to do with safety. It's just the latest in a long line of attempts by activists to evict seed companies from Maui County. These companies provided desperately needed revenue stream for some of the smallest communities in Maui County.

The National Academy of Science, World Health Organization, and American Medical Association, have all concluded that genetically engineered crops are safe for cons, excuse me, for consumption. It's because of this that I urge you to oppose this prejudicial bill and send this unfair piece of legislation to be decided by the people whom it will hurt the most. I sincerely thank you for the opportunity to speak to you about the bill and aloha.


Seeing none, Mr. Clerk, let's proceed.

DEPUTY COUNTY CLERK: The next person to testify is Samuel Small testifying on County Communication 14-166. Mr. Small will be followed by further testimony from our Molokai District Office.


MR. SAMUEL SMALL (testifying on County Communication No. 14-166):

Good morning. Thank you for this opportunity to speak.

I find it interesting that everyone that is standing up in favor of the GMO operations as they exist are paid employees of that industry. I do a tremendous amount of research as an independent citizen because I'm concerned for the health and well-being of those people and the general public. To me, it's not so much whether GMO's foods themselves are harmful to eat or not. I do my best to avoid them.


What I can't avoid is the pesticide drift that the company sprays as part of its GMO seed operation and open field experimentation here on Maui. The vapors hanging in the air, the residues and the fugitive dust that blows across Maui and then the runoff from heavy rains, directly countering big ags claim of a scientific consensus of safety. Newly released peer reviewed scientific studies show that the industry's testing of the public health risks from exposure to the pesticides applied to GMO crops has been greatly downplayed.

The company's methodology is to test individual chemicals in isolation in the laboratory. In practice, however, the active chemicals are mixed with carrying agents that radically change their absorption levels, making them far more toxic to humans than what the companies claim. Big ags defenders, who are mostly on the payroll, will tell you that these pesticides are regulated by the federally, by the EPA, and that everything is okay. But the EPA's recent announcement that they were raising the allowable human exposure levels of the widely applied Roundup included a strong disclaimer from the EPA that the EPA does no testing themselves. That they rely totally on the companies to tell them that the new levels being allowed are safe.

In the past all efforts by the EPA to acquire the details of big ag studies have gone unanswered. After three years of trying, a panel of specialists, independent experts assembled by the EPA to review the company studies disbanded themselves because they could not get the company to comply. The companies refuse to give them samples.

Additionally, the new disclosure law that went into effect in Kauai has revealed that, that to sterilize the fields for their GMO crops, the companies are spraying 80 different chemicals into the open-air fields.

Of great concern is that these multiple applications overlap creating chemical cocktails that would also likely change the effects to humans. No testing on the chemical cocktails have done, have been done at all. That the companies have taken to the courts in Kauai and have lobbied the Legislature this past session to generate preemptive State legislation that would strip the County of its rights to regulate pesticide exposure in our community calls the ethics of the entire initiative into question. What are they hiding and why are they so desperate to hide it?

This is the first ever citizens' initiative to advance to the Council on Maui County on a, on agricultural issues, it's likely to be the last. This past, may I have a minute more?

CHAIR BAISA: Sure.


MR. SMALL: Thank you. This past Hawaii State legislative session was introduced the "Right to Farm Bill" that had it passed, would have stripped this County of our existing right to regulate how farmers and ranchers, engage, engage in modern farming and ranching practices. That our local Senator Roz Baker's name is on that bill that would have stripped our County of our existing rights is insulting to me. And I think it should be insulting to this County as well.

Newly published independent peer review scientific studies also point to the health risks of the same pesticides that are being sprayed with impunity in our communities.

We are just a means to an end for the corporations that are risking the well-being of the people of Maui County and we are at the bottom of the list; being sacrificed for their financial gain.


MR. SMALL: Thank you. Thank you for your time and consideration.

CHAIR BAISA: Thank you. Members, any need to clarify the testimony? Seeing none, thank you sir.

Mr. Clerk.

DEPUTY COUNTY CLERK: In the chamber Lorrin Pang will follow further testimony from our Molokai District Office.


MS. THOMPSON: The next testifier here at the Molokai Office is Loke Kamakana who will be testifying on item County Communication 14-166.


MS. SHAROLYNN LOKE KAMAKANA (testifying on County Communication No. 14-166):

Good morning. Aloha, Council Chair Baisa, Vice-Chair Carroll, Molokai Councilwoman Crivello, and respected Councilmembers. My name is Loke Kamakana and I'm an employee at Monsanto Molokai. Thank you for your time and accepting my testimony.


I was affected by the first biggest impact of jobs lost while employed by Molokai Ranch in May of 2008; losing 117 employees. Out of those 117 employees that lost their jobs, only about 20 of them were able to find another job here on Molokai.

Not having a job to support my four children was devastating. We had no medical and we were struggling to survive on my unemployment check. Can you picture yourself without a job and living on Molokai, raising four children, no medical, and only source of income is your unemployment check. I wouldn't want to emphasize that on anyone.

I struggled to find a job after the loss. My last option was Monsanto. Now, imagine this, I worked only in offices. Now, the only jobs available was Monsanto and Mycogen. So, I told myself, eh, if I can go into the arena and wrestle some cattle, I can handle this. So, I did what I had to do. I put in an application at Monsanto Molokai and two months later, after the big layoff, guess what, they hired me. I thank Monsanto for accepting me as an employee and I feel for the 130, 32 employees that work here with me.

Molokai would take a very big loss, if this bill is passed. Monsanto, who supports many local businesses here on the island will also, who also do a lot of community work, offer scholarships to graduates who want to further their education in agriculture and science, who also donates to non-profit organizations, elementary schools, high schools on the island. I'm sure now you got my message. I appreciate your time. Thank you so much.


Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Lorrin Pang, testifying on County Communication 14-166.

Mr. Pang will be followed by further testimony from our Molokai District Office.



DR. LORRIN PANG (testifying on County Communication No. 14-166):

Good morning to everyone. Good morning, Gladys. I testify as a private citizen, remind you that I taught for the World Health Organization, scientific research methods. I'm a retired active duty Walter Reed Army Institute Research. Since I saw you last I'm a Professor of Medicine from the University of Brazil, and I'm a invited member to review for the U.S. Congress Research; they fund hundreds of millions of dollars a year. The invitation doesn't go lightly.

First of all, I feel for the job loss okay. I sacrifice my own career trying to pursue not this issue, but the truth. The job loss, I believe science can solve everything. Here is something, a proposed technology, which gets around GMO's. I raise this issue long ago when we took on GM kalo; it's called MAS, M-A-S., the acronym might have changed. I leave it with you. It's published in science and it's by Monsanto themselves. They're pursuing an alternative route which I think would take a lot of load off this whole issue.

But, we don't come to discussions, do we? It's all like this in three minutes. So, when you say we're going to hear that long, the, the fill of it, fine. During that discussion I would like to talk about my interpretation of the National Academy of Science, the World Health Organization, and the . . . position, because I'm not going to accuse them of lying but I don't get that interpretation at all. And I review research for the U.S. Congress, okay.

Now, I like this move. It's a democratic move. It's a grassroots move, at least it's that. You heard my position on jobs. I think if we discuss this option, that Monsanto themselves have developed a new technology. We can get around a lot of these things but maybe not the pesticides.

The Big Island had a little slogan when they passed a similar moratorium; "untested, unsafe". Therefore we don't, we don't go forward, precaution. That's a little bit wrong. Untested means, really means it's possibly unsafe and possibly irreversible. In my view these things are untested. You have a food, it needs long-term human studies and susceptible target populations; pregnant women and young children. Have they done this on the mutations? No, absolutely no. But yet, they're out as a food.

Yea, well we did the backwards stuff and looked at the animals. And that's very worrisome. If these studies took the normal route to come to human studies in my committees for the U.S. Congress, I would say based on the animal studies, they don't even go forward, but they're already marketed. So, we're working backwards.


You already have jobs. Gee, maybe we should have had more precautions. But, we worked backwards in this issue.

The other issue is the pesticides. Two big problems; the combinations are uncontrolled and they're, the single elements are ubiquitous; Roundup, atrazine, they're appearing where they never appeared before. Sure, they're low levels, but the levels change when they have combinations. Thank you. I'll leave this for the--

CHAIR BAISA: Thank you very much, Dr.

Members, any need to clarify the testimony?

Seeing none, Mr. Clerk, let's proceed. And, thank you, Dr.

DEPUTY COUNTY CLERK: In the chamber Paul Fenelon will follow further testimony from our District Office.


MS. THOMPSON: The Molokai Office has no one waiting to testify.


Calling Paul Fenelon. He will testify on County Communication 14-166. Mr. Fenelon will be followed by Jim Smith.


MR. PAUL FENELON (testifying on County Communication No. 14-166):

Good morning, Madam Chair. May name is Paul Fenelon. I'm a private citizen. I live in Maui Meadows, been here on Maui for, it's going to be nine years on the seventh of July. I'm a respiratory therapist by professional training and I'm also a, an EMT. I currently am employed, self-employed as a chef.

One of the things I'm concerned most with is within my kitchen which I must maintain a very clean kitchen. And because of my medical education, I understand a lot about microbiology; particularly when it comes to things that just grow and make us sick. So, my concern is that each and every morning when I prepare my kitchen, I have to go and dust it even though my windows are closed. And I'm wondering how this is getting in.


I know there's not insulation. I lived in states in like Colorado and Vermont where it's very important to have insulation. And we don't have it. And up in Maui Meadows we get to do without air condition so it's not something that's blowing in from my internal system. It's the drift I'm getting that's coming from the prevailing trade winds, that's coming from the east. And it concerns me because the winds howl up there. And sometimes I walk out to take out the trash and I got to blink my eyes because the dust is so heavy.

I want to know what's in it. I want to know why the, this . . . psoriasis since I've moved here has inflamed. I can't, I can't even keep control of it even with these poisons that I've been asked to put on my hands to prevent it. So, sometimes I can't even work because my hands are cracked and open. I don't know what it's from, but it hasn't, it, that wasn't an occurrence that I experienced previous to moving here. So, that's my personal testimony.

And I would like to make comment on the testimonies that we've been hearing from Molokai. I understand that each and every one of those persons, though they did not speak dispassionately, seem to be reading some script.

Now, I know that Molokai Ranch, when they left, they left them in a lurch. And they did it, apparently, with intention. I had found out what they had done was that on their property, although it was secure and no public was going to be allowed on there, under the guise and excuse of security and safety, they topped the coconuts, all the trees. Now in the indigenous Hawaiians, they consider that an act of war. And I don't know why that was never addressed. So, it seems to me that there's a little bit of Stockholm Syndrome going on. It seems like the golden handcuffs, if you will. People are afraid of this big company that's basically holding them hostage in a way with their jobs.

So, my concern is that if we don't discuss this and it's tabled, or it's just glanced over, we're going to miss an opportunity. The whole entire world watches every press release that comes out of here. So, the decisions that are being made here, in your chamber, are going to affect the entire planet. The peoples, we talk about our little microcosm and our little economics, but the reality is we're all from the same place, and that place is zygote; that's the moment the sperm meets the egg. And we're all on a tiny island and it's called earth. And we all are going to have to breathe the air and drink the water.

It's important to find out if the precautionary principle is not being followed. Why not? For, for immediate profits? What's behind this. It's important for us to discuss these with facts and details. Thank you for your time.




Seeing none, Mr. Clerk, let's proceed.

DEPUTY COUNTY CLERK: The next person to testify is Jim Smith, testifying on County Communications 14-65, 14-66, 14-166, and Bills 38 and 39 (2014).


DEPUTY COUNTY CLERK: Mr. Smith will be followed by Netra Halperin.

MR. JIM SMITH [testifying on County Communication Nos. 14-65, 14-66, 14-166, and Bill Nos. 38 (2014) and 39 (2014)1:

Good morning, Madam Chair. Members of the Council, you look so energized; maybe not.

First I, I, a person passed away from Molokai who I respected very much and his name was Buzzy Sproat. And he represented to me everything there is to value in a person. Integrity, hard work, intelligence, humor; he was that. So I dedicate a portion of this to him and his memory which will stay forever for my, for me.

All right, I have a couple of items on my signup sheet. One of them is the, it all has to do with the Charter okay. Where can we find a better political structure in, provided in our Charter, where? We can't okay. The people fulfill a philosophy that is respecting pono. It affirms equal worth and dignity. Where is that? That's here okay. So that's political, okay. That's no fear, okay. No greed here. That's all okay. That's all here, the best political; not money, not wages, nothing; political, equal, dignity, us.

Now, the first item I'm testifying to is proposed changes to our Charter that come from the Policy Committee. And the first one is 14-66, which is the Cost of Government Committee, or Commission. And I've testified before them and took an issue with them on their presentations regarding a demolition issue. But, I was there and I watched them, and they're good. And our Charter provides for an independent citizen body, okay, to act in the Cost of Government area, okay. And the Charter is pretty clear on that, okay.


And I think any change can occur by ordinance. It does not have to occur by a change in our Charter. We have to guard our Charter from dissolution, from inside. Kruschev says, ah, they'll destroy themselves from inside; Kruschev the Chairman of Russia, okay. But, no so I ask you considering this Cost of Government; put it back to Committee. It's not necessary if it's not absolutely provably necessary. Don't change the body. Do it with an ordinance. That's my first position on that 14-66. This, and, and that's 3-8-3 is the Charter provision.

The next is Committee Report 14-65. And this is particularly troublesome, okay. And in the Committee Report it uses the idea, okay, that you're going to deter somebody, okay, by raising the amount of money from 1,000 to 25,000, and that's the necessity, okay. Well, obeying a Charter comes from an oath of office. It doesn't come from a threat of punishment. Oath of office matters; doesn't come from a threat of punishment, okay. That to me is significant.

The other one, there was a, a memorandum of understanding entered into by the Mayor in which in that memorandum he signed and agreed that the memo, memorandum would have no force and effect. No force and effect for a memorandum of understanding signed by the County of Maui, and he did that. Where in the Charter did he have the authority not to have you review that. Where in authority can he remove from a memorandum of understanding between the body politic and Monsanto. Where was that authority given to him by an oath of office to remove its force and effect? Now, was that punishable and how much would you punish it? Would it be I'm sorry? Would that be enough? It's the oath of office. If you can change a ordinance, that's the way you go.

If you want to make it harder, don't worry it's not necessary. It didn't work there. There are other instances where the, it's been ignored in the recent past. So, just hold on until we get a charter commission, I think. Don't need to change our Charter because that's the body that you're changing for a reason that maybe is not necessary. So, I would ask you, stay away from our Charter. That's the problem; we don't know. We don't know because of words.

Thomas Kuhn wrote a book it called it "The Structure of Scientific Revolution", okay. And Reagan took it up as a mantra. And all it meant, he could do what he wanted because science only has a word as long as a group of a people agree what it means. And then when an innovator comes along, and gets a new word, and a new group of people, then they go forward, and absent from scientific revolution is principle, is right and wrong. And in this chamber, principle drives; not fear, not greed, and we give it up to you on that basis.


The word changes in science with a group and the status. And only those guys in the group know what it means. So, you either get in the group or you're out. And that's a different political ideology. Thank you. That's my testimony on County Report 14-65. And the reference was to Article 13-10, okay.

And now, oh my goodness, now we come to this wonderful moment, wonderful moment. County Communication 14-166. Damn, the ordinance needs work. But, damn, 9,000 some say 20,000 people affirm our political system. They're exercising their right. You can't ignore it. You can't ignore it. And you can't file it away. I thought file was the best, but you can't file it away cause that's really basically defective.

It sounds like a court order. You read it and it's telling you to do this and you to do that. And that's what a judge will say when you lost. And that's the judicial branch, not the legislative branch. So, don't even go in that direction. It has a conflict and it says basically you do this environmental impact statement, okay.

And the Charter says, after a year you can do what you want. So, that means this ordinance supersedes this provision of Charter. And that's a different political ideology. That's not mine or yours. So, it's internally. But, the idea is that they need us, all of us. We stand together; Molokai, anywhere, together. So, there is an ordinance, there is a, a way of addressing this. And that's why you make the big bucks, okay.

So put it in Committee, don't file it. Work with the people, make it work for everyone; that's equal, dignity, everyone. If you only have nothing happening, then that's not equal. Make it work, take it in, make it. It will be right when it's done. It will be legal when it's done. So, please take it. 9,000 people trust the word in our Charter. They got to be, got to be affirmed in that trust. That's my testimony on, on that provision, or that particular communication.

My last testimony, sorry about this, but I do read a bit. Don't forget, Thomas Kuhn excused Reagan, he excused everyone who changes the word and, and draws a group around them.

My last testimony is going to be on the second and final reading, okay, of Bills No. 38 and 39. And that's the, the Kihei High School. And, you'll notice there's no passion in this because it's kind of late; second and final reading. But, in my review of that and listening that some people wanted a walkway to go over. Well, in that, there's a declaration and agreement, okay. And that declaration and agreement is not signed by the County. It's signed by the Director, okay, of Land and Natural Resources. But, it's not signed by the County. And it says it's a declaration and agreement. And


it lists the County there but it doesn't have the County sign. So, I, I'm very concerned about that.

And the other thing is that I can't find no reference of that in a Committee agenda, that particular declaration of, and agreement which says the Committee didn't even look at it, okay. And so that to me is a concern, is that you guys don't act on this bill until that agreement is signed, I think. Unless it's, it's not meant to be an agreement. And if it is, identify it as a declaration, not an agreement. Just a itch I had to scratch. Thank you very much.

CHAIR BAISA: Thank you, Mr. Smith.


Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Netra Halperin, testifying on County Communication 14-166. She will be followed by Maureen Traub.


MS. NETRA HALPERIN (testifying on County Communication No. 14-166):

Aloha, Chair Baisa. Thank you so much and your even-handed way of presiding over this contentious issue. We really appreciate that. So, yes, I am in, in favor of County Communication 14-166.

And the one thing I wanted to respond to is numerous people on Molokai called, they're very concerned about their jobs and about the economy of Molokai. And I could not be more in agreement with them; that that is a really, really serious concern. I understand, you know, what it's like to not have a job. I understand that. And I understand how difficult it is to earn a living on Molokai.

I was recently hosted over in Molokai. A lifetime resident gave me a tour. And one of the things that we talked a lot about agriculture on Molokai. And one of the things is the homesteads. One of the testifiers said it's very difficult to own land. Well, there are many people who own 40-acres of land. Unfortunately, due to numerous reasons, that land is not being agricultured, being cultivated to its possibility, to it's potential. And I know that UH CTAHR went in and talked to them about a, one solution. And that was using a lot of chemicals, a lot of pesticides. Some of the farmers didn't agree with that. But, to me that is the solution.


You know, I know people talked about when Molokai Ranch closed, what the economic collapse of that is. And, you know, there's two basic economic development theories. One is you support the big corporations who then hire people. As we see, that leaves people vulnerable. I favor the economic development theory of, you give, you lift people up, you help people do, grow their own food, have their own businesses, utilize the resources they have, which is there is a lot of fertile land on Molokai.

So, when it, I understand that be, because it's Hawaiian Homelands, you folks don't have the control over it like you would regular land. But, some of the things that need to happen is they need to be allowed to do value added things on that farmland, farm stays, restaurants, ag colleges, workshops, whatever. Many different things as, and also the infrastructure as far as getting the, the produce to market. I understand they have a really small market there.

So, I know there's people that are very aware of ways to, to enhance the agricultural productivity and marketability. I'm a member of the Farmer's Union and that's one of the big, that's the raison d'etre of the Farmer's Union, is to help farmers be successful.

And so many of us members of SHAKA, citizen members of SHAKA are joining together and working on solutions for job training and job employment opportunities for former Monsanto laborers. We are absolutely concerned and that's one of our top priorities. Thank you.

CHAIR BAISA: Thank, thank you. Any--

MS. HALPERIN: Oh wait, sorry. One last thing. And it is my recommendation that hopefully this will go to Committee. And that Dr. Lorrin Pang, who while he did speak as a private citizen, is our public, our health officer for the County of Maui, the State for the County, that he be an expert witness, not just three minute testifier but that he be an active part of that discussion.



MS. HALPERIN: Thank you.



DEPUTY COUNTY CLERK: The next person to testify is Maureen Traub, testifying on County Communication 14-166. She will be followed by Jim Porowski.


DR. MAUREEN TRAUB (testifying on County Communication No. 14-166):

Good morning, aloha. My name is Dr. Maureen Traub. I am a board certified medical doctor, an MD and I've been a licensed medical doctor for 30 years. I was the very first medical doctor at the Community Clinic of Maui. Many of you might remember me.

I am blessed and privileged to be here today to speak on behalf of the keiki and the aina. I have been a Maui resident for 20 years. My son, who is 18, was born and raised on this aina. I support an immediate moratorium. I believe that we need a five, simple majority in this Council, a simple five Members. We don't even need to take this to the ballot.

This, I consider, a global crisis and emergency. I am concerned about the two million tourists who pass through here every year need to be warned about this drift of untested chemical cocktails, apart from the genetic horizontal transfer of untested genetic material. This is a public health crisis and I plead to you, from the bottom of my heart. I was hoping I wouldn't cry and I don't believe I will. I have . . . we all the SHAKA Movement, the people who are speaking about trust, and hope, and nature.

I plead to you with the greatest love in my heart, the greatest forgiveness for the ignorance and the correction that exists in our world at this time and in our County; no ka of Maui. I speak for the kahuna. This place has been taken away by the sugar cane industry and the pineapple industry a long time ago. This is just the top of the, we all know that atrazine causes chemical castration. This is way beyond chemical castration.

I plead to you don't even put it to the ballot. Warn the tourists, put this out to the public and let them know this is a global crisis, a global emergency. There are no samples. Do you know that there are no testing done, not one test? They don't even know what to test for. Are you aware of this? Do you know that the Russian government, the maximal penalty for bringing in, can I have another minute please?

CHAIR BAISA: Yes.


DR. TRAUB: Thank you. The maximal penalty for bringing in a seed or any seed product of these Monsanto and various other corporations is death? Mahalo nui loa.


Members, any need to clarify the testimony? Seeing none, thank you. Thank you very much.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Jim Porowski, testifying on County Communication 14-166. He will be followed by Megan Powers.


MR. JIM POROWSKI (testifying on County Communication No. 14-166):

Good morning. Good morning. My name is Jim Porowski and I'm here as a private citizen. And there has been a lot said at, with such intensity. My beloved just spoke and the, in that aspect there has been so much said.

What I would like to bring to the Council, and to the world, and to Molokai, and to all the people that are feeling for their job; the feel in our hearts, to feel the love that we all have for one another. And that this is a bigger issue than, than just what we're hearing now.

The sun that's on that tapestry above is going to continue to shine as it has for thousands of years here on, on, on, on Maui. And, that needs to continue, that feeling of love and compassion, and forgiveness for everybody. This can be a win/win situation for all of the participants. And it, and it will be. And that's the only way that it's really going to be successful, you know, that it comes from the heart, the heart of, of all of us; all Hawaiians, all people. Thank you so much.

CHAIR BAISA: Thank you, sir.


Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Megan Powers, testifying on County Communication 14-166. Ms. Powers will be followed by Barbara Barry.


MS. MEGAN POWERS (testifying on County Communication No. 14-166):

Organize my papers. Okay. Good morning, Council, Madam Chair. Thank you for hearing my testimony today. My name is Megan Powers. I'm a Seabury graduate; go Spartans. I'm here to speak about agenda item 14-166.

I support moving this into Committee. This is a very serious issue, not only on Maui but worldwide. There is false information out there supplied by companies with a vested interest and there is accurate information available. Please vet your sources.

If this goes to Committee and you do your research, may I suggest reading the Agricultural Health Study. It's a long-term in-depth study of farmers, farm families, and farm communities that's been started in, I think, 1993: And they've been accumulating loads and loads of information. It's sponsored by the National Cancer Institute, the National Institute of Environmental Health Studies, the EPA, and the National Institute of Occupational and Safety Health. There, those are the organizations that put together this study.

The study continues to this day. It's going to continue for a long time. They're gathering more and more information about the, the deleterious effects of pesticides and increased cancer rates especially endocrine cancers; that's breast cancer, prostate cancer, has to do with the endocrine disruptors that are in the pesticides.

So, that's why I'm here. I'm very concerned about the long-term irreversible damages of pesticide pollution and genetic pollution in our environment. I'm concerned for our farmers, our farmland, the nearby communities. And it is your mandated responsibility when you took that oath to protect these public trust resources.

My son, he's 20, he wanted to be here today but went to work. And he shared something from his kumu the other day that really resonated. And that is that Hawaiians knew that the soil is the body of our children and our grandchildren. Now, some say that, yea it's the body of our ancestors. And you can see them in those, in those corporate boardrooms going, body of our ancestors, they don't care anyway. But, you know what? It's also the body of our children and our grandchildren.

Take a moment, close your eyes and take a deep breath, everybody altogether in this room. Feel that every molecule and every cell in your body is an accumulation of the nutrients that you have ingested in your lifetime. Where did it come from? It came from the soil, and the water, and the sun, and it went into the plants and the animals


that you ate. And now it's taking up residency in your body. It will return to the earth. That's why the soil is the body of our children.

I'm really concerned about, may I have one more minute.

CHAIR BAISA: Yes.

MS. POWERS: About the farming practices of agribusiness, Monsanto is one of them, that the farming practices has to do with producing and spraying more pesticides. They are, they're like a weapons company starting wars to sell weapons. They are a chemical company posing as an ag company, designing plants to tolerate pesticides so that they can sell more pesticides.

A real farmer knows that you get a healthy plant, so you get healthy food for healthy people from healthy soil. You don't get healthy soil by killing all the microorganisms because you've been hosing it down, and breaking and destroying the web of life that we all depend on. And that's what's happening with their pesticides and their herbicides and these, all these incredible combinations. Not to mention the, the pollinators that we so dearly depend on.


MS. POWERS: Okay, I agree with everything Irene Bowie said. Mark Sheehan's autism rates

CHAIR BAISA: Thank you very much. You need to conclude.

MS. POWERS: There's one in 68 now, it's not 68,000.

CHAIR BAISA: Ma'am, I'm sorry but your time is up. Thank you.

MS. POWERS: Okay. Thank you.

CHAIR BAISA: Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Barbara Barry, testifying on County Communication 14-166. Ms. Barry will be followed by Tara Grace.



MS. BARBARA BARRY (testifying on County Communication No. 14-166):

Good morning. Thank you for the opportunity to speak with you today. I'm very nervous so I hope I'll be able to continue speaking without losing track. I made myself some notes.

I'm here to support the legisla, or the 14-166 moving to Committee. I feel this is a very important bill for Maui County. As a horticulturist I've worked in the plant business, the plant field for over 40 years. I use to use Roundup until about 15 years ago when I realized that the things that I had been taught about the safety of Roundup was not true.

I am very concerned about the health of the soil. I feel as, as the biotech companies have come into the islands and spray these toxic poisons into the soil, it filters into the water, it filters into the oceans, it becomes airborne, people breathe it, it coats our cars, it coats our clothes, it coats our skins. And that it is something that needs to be halted immediately and studied in-depth so that when people are having a chance to take care of their health, and visitors that are coming to this island are trusting they're coming into an environment that is also not toxic.

Biotech is in the poison business. Their business motto is to sell poison. There is no other way around that. They are running our Federal government. We can't expect our Federal government to be helping us here because our Federal government is in collusion with these large biotech companies.

So, we all know there's countless countries that have banned biotech agriculture in their, in their, within their borders. Russia considers it a terrorist to threat if they are experiencing or if they find biotech seeds in their country. So, this is a very serious, serious problem; one that needs to be addressed here in the center of the world, the Hawaiian Islands, Maui County.

I appreciate this, the opportunity to speak with you. And as a beekeeper I am very concerned with the, you know, the destruction of the, the pollinators fodder; not only just the honeybees but also the butterflies and all other creatures that we depend on for pollination. Thank you very much.


Mr. Clerk.


DEPUTY COUNTY CLERK: The next person to testify is Tara Grace, testifying on County Communications 14-157 and 14-161. Ms. Grace will be followed by Paul Solomon.

Last call for Tara Grace. Okay, next testifier is Paul Solomon testifying on County Communication 14-166. Mr. Solomon will be followed by Kurt Adams.


MR. PAUL SOLOMON (testifying on County Communication No. 14-166):

Aloha. My name is Paul Solomon. I am a resident here of Maui. I live in Haiku. First of all I want to thank the Council and Madam Chair for allowing us to have this testimony here. And I'm coming here to support the measure.

You know, when Captain Cook arrived here, there were practically a million Hawaiians living on these islands and they were self-sufficient. They were feeding themselves. And they weren't doing it with pesticides. They weren't doing it with seeds that had human genes in them or that could produce neurotoxins.

And now we have practically the same number of residents here and we're being told by these chemical companies that the only way we can produce food is by using pesticides and by using their seeds. And that's the only way we can feed the world. And there's plenty of research which is showing this is not true.

They have made many claims about what this does. But, what we're finding is that their herbicides are not working. We have super weeds now, and so farmers are using more and more of this. They're not working against the pests so we're using more and more of this, of these pesticides.

And the research is showing that these things are indeed toxic to humans. I know this is very complicated because there's research on all sides. But, if you really look at what's being, the research that's out there, is coming out more and more every week, you will see that the claims of the biotech companies are false.

The other thing I want to say is on Kauai just last Wednesday, they found out that the proliferation of potential damage from the chemical combinations that are occurring either intentionally or unintentionally are far worse than anyone previously imagined or predicted.


Thirty-five countries around the world have chosen not to allow GMO's. Many countries around the world are starting to ban these pesticides because of their toxic effect on humans, on the bees, and on the environment. We are having, in this country, we can't even get labeling going.

Monsanto and the other biotech companies, if you remember, Congress surreptitiously passed the Monsanto Protection Act which said that, that the biotech companies, if they put out a product, the FDA had to approve it without any testing, and that there was no recourse in the courts. If these companies are so sure that what they're doing is not harmful, then why are they pushing for this kind of legislation surreptitiously to not allow independent testing, to not even allow FDA review. And it was passed surreptitiously by Congress and then later repealed.

What we're asking for is to know what's going on. The rate of birth defects are being reported . . . all throughout Kauai. Some with incidence rate as ten times the national average. Molokai is now retrieving such data and the preliminary findings are indicating that similar things are happening on Molokai.

What we're asking is we need independent verification that this pesticides, that these GMO's, whether they're safe or not. We cannot trust Monsanto to give us, to do their own testing and then to tell us they have not been honest. And they are doing everything to stop independent verification.


MR. SOLOMON: So we ask, we please ask for your support and help in passing this legislation. Thank you.

CHAIR BAISA: Thank, thank you.



DEPUTY COUNTY CLERK: The next person to testify is Kurt Adams, testifying on County Communication 14-166. Mr. Adams will be followed by Karen Chun.



MR. KURT ADAMS (testifying on County Communication No. 14-166):

Aloha, County Chair Baisa and Members of the Maui County Council. My name is Kurt Adams and I stand here before you with my colleagues who are members of the Maui Monsanto Community Outreach Committee.

Our group meets monthly to guide our company's, I'm sorry, our group meets monthly to guide our company's year-round calendar of worthy and charitable volunteer projects. We share our ideas about how our employees can best serve our community in ways that are meaningful to us; from building planter boxes for the elderly, working in soup kitchens, forest restoration, and helping youth.

CHAIR BAISA: Mr. Adams, can you get a little closer to your mic. It's a little fuzzy.

MR. ADAMS: Sorry.


MR. ADAMS: Let's see, working with soup kitchens, forest restorations, or local youth and education program. We do this because we are local residents, some with generations of families here. We all care about our community and, and want to make it a better place for us and for our future generations.

Last year alone, Maui, Maui, last year alone our Maui and Molokai employees logged in over 3,000 hours, 3,000 volunteer hours. Our community, our committee is very active and dedicated when it comes to volunteerism. We are the faces of Monsanto. We care about the aina because we have been here for generations, and we will continue to live here and perpetuate our culture in Hawaii. The land is part of our livelihood; we are farmers trying to make a positive difference for the aina and for the keikis.

We strongly oppose this bill. This, this, this memorandum could affect my livelihood, the lives of people standing here before you, and the 540 co-workers who live and work here on Maui and Molokai.

We are fearful that this is, that this misguided bill could result in us losing our jobs at Monsanto. Monsanto has, Monsanto has been farming on Maui and Molokai since 1968. Multiple generations have worked at our farms. Please think about the 540 employees that this bill could affect.


The goal of Monsanto Community Outreach is to improve agriculture, improve lives, and contribute to the community in which we live in and work. Maui is our home, we are part of this community, and we are committed to making it a better place for generations to come. Thank you.

CHAIR BAISA: Thank you. Members, any need to clarify the testimony? Seeing none, thank you very much.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Karen Chun, testifying on County Communication 14-157. Ms. Chun will be followed by Ken Findeisen.


MS. KAREN CHUN (testifying on County Communication 14-157):

Aloha kakou. My name is Karen Chun. I'm going to testify on the County Service Center, representing the Sierra Club which strongly supports doing the A&B deal which will not only have the Service Center near Walmart in the A&B Business Park, but also give us 35 and a half acres for ocean side park in Paia.

I, I submitted a, a map which you should have which shows that for the last, actually going on two decades now, the community has been working towards creating this North Shore Park. And this is a key piece of land to get this park a little bit further in, in being completed. So, thank you. Please send it to the Budget Committee. And Budget Committee, please hear it and get it, get the amendment to the budget passed for this year so we can hurry up and get this all done.

I'm also now going to step out of side of my role as the Sierra Club representative and speak as a private citizen in support of the GMO moratorium. GMO's are an invasive species because of the scientific way that they have been created. They proliferate, they infect nearby plants. And once out of the bottle, we cannot put the genie back in. Thank you.

CHAIR BAISA: Thank you. Members, any need to clarify the testimony? Seeing none, thanks.

Mr. Clerk.


DEPUTY COUNTY CLERK: The next person to testify is Ken Findeisen, testifying on County Communication 14-166. He will be followed by Darren Strand.

CHAIR BAISA: Good morning, sir.

MR. KEN FINDEISEN, HAWAII GROWER PRODUCTS (testifying on County Communication No. 14-166):

Hi, Gladys, Members, Council. I have never testified before but I'm kind of, I am very riled up about this ordinance. I believe, I believe is not really, this, it just surprises me that, that it really surprises me that this is being allowed to go as far as its gone because it's dividing our community. It does not seem like something that should ever go on in our community.

As, I have a company called Hawaii Grower Products where we, we sell horticultural supplies. I've been in business here since 1980 and I've never seen something like this. The fact is genetically modified crops have been out in the marketplace for 20 years. Eighty percent of the corn grown, 90 percent of the corn grown is genetically modified. Eighty percent of the cotton grown is genetically modified. Ninety-five percent of the soybeans grown are genetically modified. It's already happened. It's been in our food supply for 25 years. And as someone said, three trillion meals have been served and there's not one substantiated, again one substantiated evidence of harm being done.

So, I'm going why, what is going on? I understand there's a bias against this. But, I work within the system. For instance, I work with, with distributing pesticides. When you're in the system distributing pesticides, there's rules. The EPA has already registered the product. It's gone through testing for 10 years. It's registered by the EPA after numerous tests have been done. And once it gets to Hawaii, the State administers the EPA rules.

If I sell a chemical, whether it's restricted or not for the wrong crop, I'm fined. If I have a, a chemical on my, on, on my shelf that has not been registered or the registration has lapsed, I'm fined. If there is a restricted use product sold to a farmer that I, that I write, actually we have to write down and see what, what has been done. If I misrepresent what I sold, I'm fined. The system works and people here do not believe the system. And I believe, I'm sorry, but I really believe that a bias is going on that people don't believe the system. Well, the system works.


And if you're not going to, if you're going to totally ignore the system, you're going against what's happening. And the government regulates what we do. Thank you.

CHAIR BAISA: Thank you Mr. Findeisen.


Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Darren Strand, testifying on County Communication 14-166. Mr. Strand will be followed by Carol Reimann.


MR. DARREN STRAND (testifying on County Communication No. 14-166):

Good morning. I'm so glad I got in before lunchtime. I was really worried about, about missing that opportunity. And, and before I start, I, I think that maybe the, the Council could address the signup procedure when you anticipate having large groups because I was the fourth person to come into the chambers and I think I'm the twenty-fourth testifier here today. So, there needs to be a little bit of, of order in the signup process.


MR. STRAND: I'm Darren Strand. I'm an Executive Board Member from Hawaii Farm, Farm Bureau Federation which is a statewide organization. And it was organized in 1948, and we have 1,832 farm family members. And we serve as Hawaii's voice of agriculture to protect, advocate, and advance the social, economic, and educational interest of our agricultural community.

Hawaii Farm Bureau strongly opposes the ordinance referenced in the County Communication 14-166.

Agriculture today has greatly evolved since the days in which workers toiled for long hours in the fields, in the sun, to produce products so people could seek their own career choices. Better seeds, advances in crop protection technologies now allow one farmer to produce for hundreds of families. Is it, it has advanced to using our resources in a conservative manner to protect them for future generations.


The science under debate in this ballot initiative is being vilified and those using it, portrayed as uncaring or ignorant to the concerns of the public. Nothing can be further from the truth. The science has been tested over and over, validated by peers and then, safety measures included in this use thresholds to ensure that even the most vulnerable in our public are protected. There are numerous documents to attest to this.

You know, the members of the Farm Bureau, you know, will admit that we haven't always been good communicators. Farmers focus on growing and tending to our crops and our livestock versus actively engaging the public in what we do. But, it does, it doesn't mean that we don't care or that we don't seek out things that are in society's best interest.

This ballot initiative places punitive actions against our farmers or sets the ground for future actions. Focus should be on keeping farmers farming and ranchers ranching. We appreciate that the, the support that the Council and the Administration have provided to the industry, and humbly request your continued support.

We recognize that the hearing today is to determine the next steps for this measure and we request that this measure be considered by the Intergovernmental Affairs Committee as, that involves the entire committee. And, and this measure is too important to not have everybody participate in that process.

And, and in closing, I would just like to say, you know, agriculture on Maui and, and the neighbor islands, we have, we have such a good opportunity to provide product for the population center on Honolulu right now. I mean they're, they're urbanizing their farmland. They're, they're running into a lot of problems and, and we have an opportunity to make it possible for the neighbor islands to provide food and, and send some products over to, to that population center and that large market. Thank you.

CHAIR BAISA: Thank you, Mr. Strand.


Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Carol Reimann, testifying on County Communication 14-166. Ms. Reimann will be followed by Warren Watanabe.



MS. CAROL REIMANN, MONSANTO (testifying on County Communication No. 14-166):

Aloha. My name is Carol Reimann. Madam Chair, Members of the Maui County Council. I am the Community and Government Affairs Manager from Monsanto, a company that is dedicated to agriculture.

I've been at working at Monsanto for about a year and a half year now, but I haven't always been in agriculture. In fact, my only experience in agriculture was two high school summers working in the Uradomo onion farm up in Upcountry Maui. I learned two things from the experience: 1) I'm not cut out for agriculture. It's backbreaking work in the hot blazing sun; and 2) I have a great deal of respect for farmers.

Previous to working at Monsanto, I had a 30 year successful career in the visitor industry. For five years, I was the Executive Director of the Maui Hotel and Lodging Association where I advocated for a healthy and vibrant visitor industry. Previous to that I was Director of Events at Kapalua for 20 years, where I ran many high profile events such as the PGA Tour Mercedes-Benz Championship, Wine Fest, Whale Quest, Life Fest, Music Fest, all kinds of events.

I was perfectly happy with my career in the visitor industry. In fact, I wasn't even looking for a job when a friend called me out of the blue while I was on vacation. I replied via text that I was on vacation and please call me next week. The same friend called me two more times. Thinking that it must be something super important, I finally answered. She told me that she was doing some really good work with a great company and that there was a job opening and that she thought that I would be perfect for that position.

When I asked her the name of the company, she paused and said, well, they do great work in the community and that she knew how much I really liked working in the community. I asked her again, what's the name of the company. Again, she paused and said, that they do amazing work for agriculture and for farmers around the world. Once more I asked her for the name of the company, and she replied that the company is doing trailblazing work to fight hunger. It was obvious, she was avoiding my question. Finally, she answered the name of the company is Monsanto.

And, oh my goodness, I was quite honestly, I was taken aback and not quite sure what to say. However, I never say no to anything right off the bat and I always do my homework. So, I went home, did my homework, and when I got through with the volumes and volumes of fear-mongering, crazy myths and lies out there about Monsanto (by the way folks, please don't believe everything you read on the


internet), I found a company that is, in fact, doing amazing work to help farmers to produce sustainable, affordable, and safe products.

We have a small portion of our workforce here today and I'd like to ask them to please stand, please stand. Thank you. You may be seated. Many of them are island residents with deep family roots in Hawaii. These good, honest people who know what it's like to work hard and support their families.

My ancestors moved from Japan to Maui in the 1800's to work the plantation fields. There have been many generations since and my children are the latest generation to grow up and live on Maui. I have a deep rooted history here, like many of my colleagues here today. I think I can say for the, all of us that we truly care about the land and about the well-being of our families' future generations. We have done our homework and we will never work for a company that brings any harm to Maui.

We urge you to listen to the facts and not innuendo or anecdotal fear mongering. We look forward to future Policy and Intergovernment Affairs Committee meetings where the facts will be flushed out, the myths and lies confronted, and where truth will prevail. Thank you for the opportunity to testify.

CHAIR BAISA: Thank you, Ms. Reimann. That, that's okay, thank you, folks. Chair appreciates the respect in this chamber. It's really important. Everybody feels the way they feel and we have to work together in a respectful manner. I appreciate it. Thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Warren Watanabe, testifying on County Communication 14-166. He will be followed by Mark Wood.


MR. WARREN WATANABE, MAUI COUNTY FARM BUREAU (testifying on County Communication No. 14-166):

Good morning, Chair Baisa, Members of the Council. My name is Warren Watanabe. I'm the Executive Director of the Maui County Farm Bureau, representing commercial farm and ranch families and organizations on the island of Maui.


Maui County Farm Bureau strongly opposes the ordinance referenced in County Communication 14-166. The measure seeks to place a moratorium on GM plantings and requires an environmental and health impact study.

GMO's are the most studied forms of plant breeding in agriculture. A visit to the EPA website outlines the procedures that are undertaken to approve a new GM product. And the FDA has steps that are need to, before a GM product can enter the marketplace. We have seen this in play with the apple, Arctic Apple and GM salmon.

There is good reason why this occurs at the Federal level. Their procedures are resource intensive, both financially and intellectually. Experts are needed to wade through the various studies and evaluations to evaluate their validity.

The County of Maui is faced with a choice. Whether to delve into matters that will require extensive resources, duplicating work that will, that is already occurring at the Federal level or spend the same resources to advance the needs of the people of Maui by improving infrastructure and services to the community including agriculture. We all know our water system needs major investments. We have undergone severe droughts and more are on its way. These are real problems that the County must shoulder.

This matter does not just impact the seed industry. It sets in question the access to technology by the agricultural industry and ultimately whether technology can be used to continue to provide affordable and, and reliable agricultural supplies to every one of us.

We respectfully request that this communication be referred to committee for further discussion. Thank you.

And, can I add that I do, we did submit written testimony from Alex Franco, President of the Hawaii Cattlemen's Council, also in, in opposition. Thank you.

CHAIR BAISA: Thank you, Mr. Watanabe.


MR. WATANABE: Thank you.


DEPUTY COUNTY CLERK: The next person to testify is Mark Wood, testifying on County Communication 14-166. Mr. Wood will be followed by Kristin Young.



MR. MARK WOOD (testifying on County Communication No. 14-166):

Good morning. Aloha, Chair Baisa and Members of the Council. My name is Mark Wood. I am an employee of Monsanto Company. I'm the regional lead that oversees our breeding programs on Oahu and Maui.

I'm here today to oppose and strongly oppose the ordinance referenced in County Communication 14-166. The measure would force Maui County farmers to stop growing GM crops. This is not really a moratorium, it is effectly, effectively will be a ban.

The safety behind GM crops has been well documented with over 1700 research trials supported by organizations such as the World Health Organization, the National Academy of Sciences, and the American Medical Association.

We encourage the community, our neighbors, and people within the State of Hawaii to seek us out, to talk about some of these research studies, and to actually engage in a meaningful, thoughtful dialogue. Our doors are always open. We're very willing to be transparent and encourage you to come stop and ask.

It's very misleading to assume that Hawaii, Maui County, community neighbors, and employees are subjected to open pollinated testing of unregulated products. We are simply planting seed that is going to be the building blocks for future food products.

Regarding pesticides, history has shown that farmers have used pesticides to protect food to ensure that it makes it to their table for years. There are no potent cocktails, no unimproved product combinations, no soil sterilization that occurs with growing GM crops, organic crops, or conventional crops. Farmers are some of the most conservation-minded individuals that exist. The reason why? Soil is our life blood. Without that, we will not produce a crop.

We follow Integrated Pest Management strategy, strategies that ensure we protect the environment by using only approved products. We are continuously improving our operations whether it be irrigation management or through conservational tillage managements to ensure the soil remains healthy and viable for years to come.

Mahalo for the opportunity to speak to you today.


CHAIR BAISA: Thank you, Mr. Wood. Members, any need to clarify the testimony? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Kristin Young, testifying on County Communication 14-166. She will be followed by Laura Van Wagner.

CHAIR BAISA: Okay, thank you.

Mr. Clerk, proceed.

DEPUTY COUNTY CLERK: Calling Laura Van Wagner. She will be testifying on County Communication 14-166. Ms. Van Wagner will be followed by Jonathan Starr.


MS. LAURA VAN WAGNER (testifying on County Communication No. 14-166):

Good morning. Thank you for this opportunity to speak.

CHAIR BAISA: Please pull the mic close so we can hear you.

MS. VAN WAGNER: Oh, is this good?

CHAIR BAISA: Yes.

MS. VAN WAGNER: Okay. I'll find it here. Okay, oops okay. So, I'm here to support, support bill 14-166. And I know you've heard a lot of testimony today and, I'm, and so I don't want to repeat. But, the one thing, there's 35 different countries who do not, who have banned GMO's from, ban, have banned GMO's, and 35 countries with their scientists. So, you can say, what is it these scientists are seeing that's causing them to ban these GMO's? There has to be something.

And to go by science, by going through tests are just done by the company who produced the product. I mean, that's what we did with tobacco. We believed the tobacco companies. And look, and it took us 50 years, 50 years to say that cigarette smoking is bad for you. Even when it first came out, doctors recommended cigarette smoking. They said it calmed people down and there would be ads with doctors with cigarettes.


So, you have heard the testimony. You have an opportunity to make a huge contribution for the people, the ohana of Maui, and the world by voting for this moratorium and honoring the Hawaiian constitution protecting the land, the water, and the air. You are protecting our right to breathe clean air, to drink clean water, and protect our land from chemical contamination. The contamination that will be there for generations to come, affecting people's health if you don't stop it.

The SHAKA Movement gathered 19,000 signatures. And, and having been out there helping to gather those signatures and speaking to hundreds and hundreds of people, I got a real pulse of what this community wants. Only a small portion of the people refused to sign. They were eager to sign, they thanked me so much for my work.

With one vote, your vote, you could free us from, us from chemical contamination, allowing people to have a healthier body, mind, and spirit. I'm asking you to take a deep, a leap of faith and follow your heart. I'm asking you to be bold and stand up. I'm asking you stand up.


MS. VAN WAGNER: The whole world is watching what is happening here. Let us be an example for what is good and right, not follow the money, the jobs, but the good of the people and the land.


Members, any need to test, to clarify?


DEPUTY COUNTY CLERK: The next person to testify is Jonathan Starr, testifying on County Communication 14-157. Mr. Starr will be followed by John Gelert.


MR. JONATHAN STARR (testifying on County Communication No. 14-157):

Aloha and good morning, Chair Baisa, Honorable and patient Councilmembers. I'm here for, I believe it was 14-157, four, five, and six, which are about the acquisition of lots in the Maui Business Park and the wonderful opportunity along with that to


expand the Baldwin Beach Park. And I ask you to refer it to committee and expeditiously open it up for consideration. It's a wonderful opportunity that really we're lucky to have.

I want to thank A&B companies for enabling the community to potentially fulfill a dream that has been going on on the North Shore for decades. Thank you and aloha.



Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is John Gelert, testifying on County Communication 14-166. He will be followed by Melissa Verbena.


MR. JOHN GELERT (testifying on County Communication No. 14-166):

Good morning, Councilmembers and Chair. I strongly advise you to approve the moratorium on outdoor GMO experiments, agenda item 14-166. It is your responsibility to follow the Hawaii State Constitution Article XI to protect the people and the environment.

These outdoor experiments with dangerous chemicals have poisoned thousands of people, especially on Kauai and Molokai. Kauai is now one of the most polluted places in the United States. Molokai is quickly be, being destroyed in the same ways, and to a lesser extent Maui. Lots, lots of people are getting very serious diseases and dying. Cancers and birth defects are rampant. Children are being born with stomachs outside of their bodies. Pesticides are blowing into schools, making children very sick, sending them to the hospital. Children are especially vulnerable to a variety of serious health problems ranging from cognitive disorders to cancers.

Pesticides in fugitive dust are blowing into homes and all over the land and ocean, poisoning residents, plants, animals, and coral reefs. The level of atrazine, chlor, chlorphy, chlorpyrifos, and other pesticides in surface waters near Waimea increased nearly four-fold from 2012 to 2014. So in other words, this stuff has been accumulating from the dust and is getting washed down the river, and it's going into reefs; it's killing everything not just people.


Heavy rain washes enormous quantities of these poisons into the ocean killing the reefs, which many residents have depended upon for, for food for centuries. Maui Nui Marine Resource Council records shows that 80 percent of the coral at the reef at Maalaea has died in the last 20 years. Other reefs are just as bad.

Clearly, industry is using far more dangerous pesticides than in the past. Everyone can see there are now way fewer fish and many more turtles with tumors than 20 years ago. This month, the U.S. government is expected to add more than 60 types of reef building corals to the endangered species list.

Monsanto is not growing any food in Maui County. This will not hurt real farmers. The product or seed that is produced right here in Kihei or Molokai is considered so dangerous and potentially hazardous that they ban it in Russia, and you know, so on.

These seeds of death grown here cause 30 diseases and permanent DNA damage when these Franken-foods are eaten. Monsanto Bt corn, soy, cotton split open the stomachs of bugs, animals, and people when eaten and turn the intestines into pesticide factories. Glyphosate in Monsanto Roundup corn, soy, and canola lock up nutrients, causing disease in plants, animals, and humans. I'm almost done with this paragraph, thank you, and humans. Glyphosate destroys gut bacteria and the immune system, and causes infertility.

Animals are prescribed more antibiotics than humans to deal with these, creating more antibiotic-resistant diseases. All of these poisons are passed on to people who eat animals that are fed GMO grains. Cancer is skyrocketing and now estimated to be one in three people. So, strongly urge you to, to do something about this and stop using Hawaii to feed the, the world poison. Thank you.




DEPUTY COUNTY CLERK: The next person to testify is Melissa Verbena, testifying on County Communication 14-166. She will be followed by John Buck.



MS. MELISSA VERBENA (testifying on County Communication No. 14-166):

Hi my name is Melissa Verbena. I'm going to address the Chair, but I am speaking to all of you as well. I'm a private resident here. I, I formerly lived in Palo Alto, California where I was a certified organic grower and worked at the farmer's markets. And then I moved to Eugene, Oregon where I was also the first organic independent based at the farmers market there. And I worked at a Down to Earth farm supply in Eugene, providing supplements to make soil healthy and learned quite a bit there.

And I was actually attracted to moving to Hawaii in 1997 based on "e malama pono" of the aina, taking care of the land. And I was very impressed with that philosophy and, and saw that a lot of organic farmers were here. And when I moved here, my neighbor informed me, as I was putting in my organic gardens, that he had just been to a seminar and learned that there was problems here on Maui that were huge about having pollination drift and pesticide drift, and a lot of unregulated things which I have subsequently are seeing just articles in the paper, in, in Kuau that the highest breast cancer rate in the country due to pesticides that were not regulated.

And I just, I am here to speak because I, a few years ago got together with a group of people who were growing organically in Hana area and wanted to bring attention to the fact that these practices are going on that are not regulated and not seriously studied. And I, I, I woke up. I didn't have an education myself.

And I started on this thing called the March on Maui. And we went across the island and, and had potlucks across the island and a community forum to talk with people and see what people knew. I didn't find any malicious attitudes towards anybody in the company's in individual basis. It was about the feeling of the golden rule being broken and being unable to garden organically without imposition; a simple friendly neighbor policy. And I was feeling that that imposition needs to be addressed and no one's talking about it. And I found that everybody wanted to talk about it at these potlucks and I was very overjoyed.

And I, I've subsequently became part of the SHAKA Movement because of this same feeling of wanting to feel grassroots empowered. And I am very nervous talking here but I, I'm very, talking from my heart and my head, I have done tremendous amount of research and I, I've really, can I ask for one more minute?

CHAIR BAISA: Yes.

MS. VERBENA: I just want to implore every human being in this room to do their own independent looking into what this issue is and why so many countries and


communities are so interested in not having these un, the golden rule affected this way. And I just, I'm really appreciative of anybody who looks into it. And I want to support fully the moratorium as soon as possible in order to have that research done. Thank you.



Seeing none, we're going to take the next testifier and then we are going to have a little brief discussion about how we move forward, Members. So, just hang on. Go, proceed, Mr. Buck.

MR. JOHN BUCK (testifying on Committee Report No. 14-66):

Good morning, Chair. Good morning, Councilmembers. My name is John Buck, testifying on behalf of Mayor Alan Arakawa on Committee Report No. 14-66.

Our Administration has a number of questions and concerns related to this newly revised resolution and urges this body to recommit the matter back to committee for further discussion. Given the time limitation, I'll summarize a few of our concerns.

The Charter is one of the County's most important documents, and amending it is not something that should be done hastily or in response to any one particular or personal issue.

The importance of the Charter is stated in the document itself. It provides "The County Charter establishes the structure and organization of the government of the County of Maui. It is a constitutional document, drafted in accordance with the will of the people, which defines the responsibilities of our local government."

It's, it is, it's importance is fully shown by the fact that in order to thoroughly review the proposed Charter amendments, 11 individual members of the Maui County Charter Commission spent over a year meeting at least 38 times, including two rounds of at least 16 public hearings at various location, various districts.

In stark contrast, the revised resolution proposed Charter amendment being considered today was handed out at the last minute at the June 5, PIA Committee meeting, briefly discussed, and passed out the same day.


We believe that this proposed Charter amendment should be recommitted to committee in order to allow Members more time to review the proposal, and to clarify some of the issues.

For instance, some of the questions might include: Who can recommend what issues should be audited? The Councilmembers? The Mayor? County employees, even residents?

Who determines which issues will be audited, and what criteria is used to make the determination?

Who audits the Auditor? Other jurisdictions throughout the United States include, by law, that their auditors receive external pro, pre, peer review every three years to ensure that the policies, procedures, and practices of the auditor are in compliance with professional auditing standards. Many of, are conducted by the National State Auditors Association.

Will the County Auditor have the time, and be able to conduct all the audits, including those currently handled by the Cost of Government Commission in order to assist the County?

The Charter Commission, the Charter amendment being considered essentially abolishes the Cost of Government Commission. As you know, Councilman Hokama's original resolution sought to abolish the Cost of Government Commission. At the PIA meeting in, on May 3, the Mayor submitted oral and written testimony on the opposition. That, that was shot down. It should be noted that the, this subject of abolishing the Cost of Government Commission during the Charter Commission was also stated, "The Commission disagrees with the Council and it has decided that continuing the Cost of Government Commission would enhance and provide further protection in a system of checks and balances."

I'm going to wrap it up. Should the Cost of Government Commissioners go from being an independent and objective decision-makers to make simply being volunteer staff of the County government.

So, in conclusion, we feel that the Cost of Government Commission is vital to ensure the transparency and independence and provides oversight by our residents. We urge that this matter be recommitted to committee for further review and discussion. Thank you, Madam Chair. Thank you, Councilmembers.


CHAIR BAISA: Thank you, Mr. Buck.

Members, any need for clarification of the testimony? Seeing none, thank you.

Members, we need to collectively decide how we want to move forward. It appears that we have a minimum of another couple hours of testimony and we've arrived at lunch hour. We have staff to consider and the needs of ourselves as well as the public. Chair is open to your suggestion. Do we want to take an hour lunch or do we want our regular hour and a half.

VICE-CHAIR CARROLL: Chair.

CHAIR BAISA: Yes.

VICE-CHAIR CARROLL: I would request the hour and a half for lunch because some of us have made arrangements and we have other meetings that we have to attend to.

CHAIR BAISA: Thank you, Mr. Vice-Chair.

Members, any objection to the suggestion?

MEMBERS VOICED NO OBJECTION.

CHAIR BAISA: All right, then the meeting will be in recess until 1:30. Meeting is in recess.

(THE MEETING WAS RECESSED BY THE CHAIR AT 12:05 P.M., AND WAS RECONVENED AT 1:34 P.M., WITH ALL MEMBERS PRESENT, EXCEPT COUNCILMEMBER VICTORINO, EXCUSED.)

CHAIR BAISA: Will the meeting please come back to order. Thank you very much everyone for that break. I think it was good for everybody.

Mr. Clerk, could we please proceed?

DEPUTY COUNTY CLERK: The next person to testify is Kathleen Sheehan, testifying on County Communication 14-166. Calling Ms. Sheehan.

Next person to testify is Coreena Neri, testifying on CC 14-166. She will be followed by Pamela Palencia.


CHAIR BAISA: Good afternoon.

MS. COREENA NERI (testifying on County Communication No. 14-166):

Hi, good afternoon. Can you hear me well? Thank you.

CHAIR BAISA: Yes, go right ahead.

MS. NERI: Hi, my name is Coreena Neri and I'm a resident here on Maui. I've been here for the past 16 years and I moved to Maui because I wanted to raise my children in a beautiful pristine environment.

The environment on Maui now is in a very precarious situation. With all the open air spraying of harmful chemical cocktails, we do not know the long-term health effects of open air testing on our aina, the tourists, and residents. This is a public environmental crisis.

In the Hawaiian Constitution it states that the public trust resources including the land, groundwater, reefs, and air, shall be conserved and protected for current and future generations; conserved and protected.

Are the biotech corporations conserving and protecting our environment for future generations or are they just concerned about making a lot of money at the expense of our health?

Chemical cocktails are being spread throughout the air and they are health risk, there are health risks involved. An amazing man by the name of Jeffrey Smith recently paid a visit to our island. Jeffrey wrote a book called "Seeds of Deception". In his most recent book, I have right here in my hand, called "Genetic Roulette", right here; very amazing book.

These books have been reviewed, acknowledged, and praised by top scientists PhD's; plus United States Senator Jon Tester; David Suzuki, Biologist, author of more than 30 books, awarded the UNESCO prize for Science; Arpad Pusztai, PhD, and Susan Bardocz, both PhD's, both formally of the Rowett Institute, consultants to the Norwegian Institute of Gene Ecology and experts on safety assessments on GMO foods.


By the way, Norway along with over 30 countries have banned GMO's because they know it is not safe for human consumption, and is not sustainable. I am here to ask the Council to please, please pass this initiative calling for a moratorium on GMO cultivation until proven safe. I feel this is an important step for Maui.

Imagine is on Monsanto's logo. Imagine what? I would like to imagine a GMO-free Maui, a world with sustainable agriculture. What happened to that? GMO mono-cropping is not sustainable and it's detrimental to the residents and the aina. The proof is in this book; 320 pages. Please research and find out the truth. Thank you very much.

CHAIR BAISA: Thank you, Ms. Neri.


Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Pamela Palencia. She will be followed by Cynthia Van Kleef. Last call Pamela Palencia. Is Cynthia Van Kleef present? Please come down to the testifiers stand. She will be followed by Rusty Ruekert.


MS. CYNTHIA VAN KLEEF (testifying on County Communication No. 14-166):

Good afternoon. I am a seventh grade teacher here on Maui and also a citizen. And every day I, almost every day I tell my seventh grade students do what is right even when no one is looking.

So, I'm standing here today to ask everyone on the Council to please do what's right even when no one's looking and place a moratorium on the GMO production here on Maui as specified in the initiative.

And as we've been hearing today, the Hawaii State Constitution says that it is supposed to be protecting our natural resources, which it kind of baffles me that we the people have to fight for clean air, clean water, clean food, clean soil, when it should be our right as stated in the constitution.


So, I've never been an activist ever before. This is like oh, that's someone else's job right? Well, now I'm interested. My own curiosity has gotten the best of me. My seven, one of my 13 year old seventh grader said to me, Ms., Ms., have you seen the movie Pro Surfers vs GMOs? I'm like, no. Could we watch it in class? And I said yea, we could watch it during advisory, it's supposed to be about local issues. Oh my gosh, all 24 students were drop dead silent. I was blown away. And it, so it spurred me on to dig deeper.

So, in the past three months, my husband and I have been consumed, and I do mean consumed with educating ourselves about the GMO's, and the GMO production, and the types of chemicals that are being used during GMO production. And what we have been hearing and reading over and over from independent scientists is that GMO farming puts human health and the health of the environment at risk, and serious risk.

So, we, my husband and I, we live in Kihei and this is my big concern because we are exposed to the drift from HC&S and Monsanto. Their fields are literally less than a mile away. We don't know what those, that drift is doing. What are we getting exposed to? That's my big question. We don't know what these chemicals are doing.

We've, one more minute, we've done the research and even suggesting that our water may be contaminated as well. And then so, now what we do is we sit around and spend copious amount of hours thinking, god, am I contaminated because I breathe air, because we eat food, we drink water? I, I don't know. And I was surprised about that one lady earlier in the morning. So, I just stand here and please ask you to consider the moratorium on GMO's. Thank you.



Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Rusty Ruekert. He will be followed by Deborah Mader.



MR. RUSTY RUEKERT (testifying on County Communication No. 14-166):

Good afternoon. So, I haven't always worked for Monsanto. I started out as a financial analyst working for a large insurance company. We were, and I was a part of the proceedings where we calculate the insurance premiums that we'll charge our customers. And so in that I was able to see many different occupations that we assign different premium amounts to. And in nowhere in our mortality tables or up to our actuaries or our underwriting did a pesticide applicator have a higher premium. Now, I tell you what, if the insurance companies, they're in the business of making money, and so if, if their life was going to be shortened or their health was going to be dampered by applying pesticides, they would have charged a lot more money.

And I was able to see that from that other side before I joined on with Monsanto, working for them. And so it was a good thing I knew that because when I started on with, with, with Monsanto over on Oahu, I actually intermittently sprayed pesticides on the corn. And every three months, Monsanto sent me to the doctor, to take a blood draw to make sure that I was healthy. And in that time, I had two children while I was spraying pesticides, and they are happy and healthy. And thank goodness they are because they are just beautiful. And so there's a lot of, there's a lot of claims against pesticides and how dangerous they are. But, I've seen full on that it's, it's just not true. I've experienced it myself firsthand.

One thing also is that when I made that transition from being a financial analyst to a farmer from Monsanto, this company loves their employees. They treat them so, so well in the vacation, in the benefits. And the management, they find the best management to come in here and manage their people. I, I know it sounds silly but I love the company. And I, and I'm committed to stay loyal to them for a really long time.

Also another thing is that with this spraying of pesticides, I not only sprayed the pesticides from a closed cab, but I also walk the fields nearly every single day to scout for insects, also to check on some other maturity notes that we need to take. And never in that time did I get exposed, having my arms rub up against corn leaves, or spraying it, or being around it constantly. My health is tip top and that's my testimony.



Mr. Clerk.


DEPUTY COUNTY CLERK: Next person to testify is Deborah Mader. She will be followed by Tom Creagh.

MS. DEBORAH MADER (testifying on County Communication No. 14-166):

Thank you all for allowing us the opportunity to talk to you today.

I come to you as a mother. I have a son who has had digestive problems ever since he started eating hard food, whole food versus breast milk; I'm a breastfeeding mommy. And it's been a long treacherous trip for me as the mother trying to find out what's wrong with my son and how to help him. And we've been to a lot of different medical doctors, and we've been to the emergency room. And we've had lots of very emotional experiences trying to get my son health, basic health.

What is happening to the food in this nation? What is happening to the food in Hawaii? What is happening to our land, and our water, and our communities? My son is only three years old and he's being poisoned by food that . . . is supposed to give him his very existence. And I can't even help him because these companies refuse to label things. So I go crazy trying to find food to feed my son. I'm sorry.

So, I decided I'm going to plant my own organic garden. But, I live in Kihei and there is runoff. And I'm trying to reach out to the Department of Health to be able to test my soil because God knows what's in it. And they won't help me. And I'm frustrated and I'm upset.

And there needs to be scientific tests done by people that are not connected to these companies by money, that aren't connected to politicians, that are just scientists that want to know the truth from an international community to give us as parents answers. And to empower us to give health to our children. So, I beg you, send it to the committee. Bring in intelligent scientific people to give a fair assessment of the situation, where money is not an issue.

And as for the workers, I come from a family of farmers. My dad's grandfather had farms in Ohio and they were taken from them over time. We always grew up having our own food. May I have one more minute please?

CHAIR BAISA: Yes.


MS. MADER: Okay. So, I empathize with you. We don't want anyone to lose their job. I have volunteered to start a fundraising group internationally to build a fund to help all of you. If this goes forward--

CHAIR BAISA: Ms. Mader.

MS. MADER: And, and, and the fields--


MS. MADER: --are changed to regular--


VICE-CHAIR CARROLL: You need to be talking to the Council--

CHAIR BAISA: If you would please address the Chair please.

MS. MADER: I'm very sorry. This is my first time ever speaking. I just like to look at people and their faces so they know that I care.

CHAIR BAISA: You are here to testify to the Council please.

MS. MADER: Okay, so I am volunteering to raise funds to assist those as we transition, if this goes through, to help the workers. Nobody in, nobody wants to see anyone lose a job. But, at the same time, we just want our children to be healthy. So, please send this to a committee. Thank you.


Members, any need to clarify the testimony? Seeing none, thank you very much.

Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Tom Creagh, testifying on County Communication 14-166. He will be followed by Annie Quigey [sic].



MR. TOM CREAGH (testifying on County Communication No. 14-166):

Good afternoon, aloha. My name is Thomas Creagh. Switzerland, Australia, Austria, China, India, France, Germany, Hungary, Luxemburg, Greece, Bulgaria, Poland, Italy, Mexico, Russia, Ireland, where I come from; GMO's banned in all these countries. And I'm asking today is why is GMO still happening in America? And it's very frustrating.

I live in Kihei. My, I go for a walk every night with my dog around six o'clock and I get a smell, something in the air; chemicals, I'm not sure what it is. And, you know, we, we need to know what's, what these people are spraying at the end of the day. And, and they're not telling us. And, we just, it's very frustrating. You know, I try to eat organic food as much as I can but, you know, there's only so much organic you can eat. But, we don't know what we're eating and putting in our body. It's, it's frustrating.

And I understand when people talk about jobs and everything like that, you know. And nobody wants to lose their job but we can do a lot more farming here in Maui instead of growing GMO's and doing stuff like that. We can have organic farms, local farms. We have to import from California. It costs us a fortune to import. So, why can't we have our own farms here? And why can't Monsanto grow, just be regular farmers or grow organic food? We can do that.

And, I, I just, I think the people who, the Hawaiian people, you know, who were here before us, I don't think they would like us to have, to know that we're having chemicals in the air. And we don't even know what we're growing, it's just, it's very frustrating. And I hope you guys can do something about it. Thank you.


Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Annie Quigey [sic], testifying on 14-166. She will be followed by Marcy Martin.



MS. ANNIE QUIGLEY (testifying on County Communication No. 14-166):

Good afternoon. My name is Annie Quigley and--

CHAIR BAISA: Would you, we can't hear you well, get close to the mic.

MS. QUIGLEY: Okay, okay. My name is Annie Quigley and I'm a Maui resident and registered voter, and I come from Ireland. And I just wanted to let you know that we were raised on a farm in Ireland and my mom and dad raised 11 children. And we never, ever heard of pesticides.

CHAIR BAISA: Annie you still not having--

MS. QUIGLEY: Okay.

CHAIR BAISA: Right there, good.

MS. QUIGLEY: Okay. Just to say that we were, there was 11 children in our family, and I was raised on a farm, and we never ever heard of pesticides; they were never used and we were self-sufficient. And coming here, it's really, really eye-opening. And just worrying about the grandchildren. I have three grandchildren that lives here. And it is, it's worrying. Okay, thank you.


Any need for clarification Members?

Seeing none, we'll proceed. Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Marcy Martin, testifying on County Communication No. 14-157. Last call for Marcy Martin.

The next person to testify is Christine Ruotola, testifying on Bills 38 and 39.

CHAIR BAISA: And followed by.

DEPUTY COUNTY CLERK: She will be followed by Lawrence Koss.



MS. CHRISTINE RUOTOLA [testifying on Bill Nos. 38 (2014) and 39 (2014)1:

Good afternoon, Chair and Councilmembers. My name is Christine Ruotola, I'm a Planner with Group 70 and I am testifying in support of the Change of Zone and Community Plan Amendment for Kihei High School. Change of pace here this afternoon.

I'm also representing DOE, Nick Nichols, who has been before you, couldn't be here today. So, he asked me to pass along his thank you. This, this Change of Zone and Community Plan Amendment is a milestone, a significant milestone in a long process that's going to continue and, and you all have been a part of it and, and so have a lot of people; community members and others.

So, I want to thank you. Hopefully we will get that approval today. Thank you very much.

CHAIR BAISA: Thank you for being here.

Members, any need to clarify? Seeing none, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Lawrence Koss, testifying on County Communication 14-166. He will be followed by Christina Hemming. Last call for Lawrence Koss. Is Christina Hemming here?

Aaron Kemp. Aaron Kemp will be testifying on County Communication 14-155. He will be followed by Judy Waters.


MR. AARON KEMP (testifying on County Communication No. 14-155):

Good afternoon, Council and Chair. We are asking you to allow us to use the $400,000 to buy land and build a house; a ADA compliant home.

Adult Disability Act; DOH requirements and USDA Loan recommended this 875, $875,000. $400,000 is from the County; 125,000 from LO; 350,000 from USDA Community Direct Loan. And we have pictures and plans that Christina had made for the home, compliant home. Please keep this in mind, 14-155. Thank you.




MR. KEMP: You're welcome, Chair.


DEPUTY COUNTY CLERK: Next person to testify is Judy Waters, testifying on County Communication 14-166. She will be followed by Bruce Douglas. Last call for Judy Waters.

Next testifier is Bruce Douglas, testifying on County Communication 14-166. He will be followed by Alana Kay.


MR. BRUCE DOUGLAS (testifying on County Communication No. 14-166):

There's no need for loss of jobs. It's very simple. The chemical companies can switch to growing conventional seeds. It's an easy transition. That's where they started, they started growing hybrids, seeds like that and they could switch from GMO seeds to hybrid seeds. So, it would be a choice of the chemical companies if they want their workers to lose their job. But they have it within their ability to change it.

GMO's are already a dead issue. GMO food crops are on their way out worldwide. It's just a matter of time before here in Maui, the same is going to happen here worldwide. So we got to read the write, writing on the wall. There's going to become a time when we will have to transition because the tipping point for consumer rejection of GMO foods has already been reached, it's very close. So, we're dealing with a dinosaur that's on its way out and we have to be able to do that.

What this moratorium calls for is that we cease the growing of GMO crops until an environmental and public health impact studies can be conducted. Those will be paid for by the companies who want to do business here and conducted by you, the County Council in order to administer that study, in order to study it.

So, these sort of things like, will transgenic contamination, cross contamination happen here in Maui County. We already know the history of what happened on Big


Island where the GMO papaya has been, has been cross-contaminated to non-GMO papaya. Fifty percent of the non-GMO papaya is now cross-contaminated by the GMO papaya with a huge loss of financial resources to the growers of organic and non-conventional papaya.

Will transgenic, will, will the chemicals get into our groundwater? Yes, we know from fact what happened to the pineapple fields, where chemicals got into the groundwater. We know atrazine has been banned all across Europe. Why? It doesn't break down and gets in the ground water. It's being used prolifically here in the GMO and non-GMO fields. All these sort of issues need to be looked at.

Now we know that many of you on the Council have taken money from the GMO and the biotech companies. When you do take the money, we know, it, there's a unwritten thing what requires you to follow the GMO at the biotech agenda when you take the money. So, we hope that you really look in your heart. You don't have to follow the agenda. You can do the right thing. 20,000 people signed this petition, and you can do the right thing and make the right choice. So, thank you very much.

CHAIR BAISA: Thank you, Mr. Douglas.

Members, any need for clarification? Seeing none, Mr. Douglas, thank you.

Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Alana Kay. She will be followed by Christina Chang. Last call Alana Kay. Next person to testify is Christina Chang, testifying on County Communication 14-155. She will be followed by Tina Gomes.


MS. CHRISTINA CHANG (testifying on County Communication No. 14-155):

Good afternoon, Madam Chair and County Council. Thank you for hearing us today. In August 8, 2013, Lokelani Ohana was given a $400,000 affordable housing grant to buy a home that could serve up to five people with developmental disabilities.

We've been working with Gerald Hokoana whose 35 years of work in real estate, working with non-profits, and serving special projects. And in that time period, we have been unable to find, except one home, that was built for elder care that was ADA compliant. And, we made many offers to buy that home but we were unsuccessful in purchasing it.


And we met with Jo-Ann Ridao in January of this year and she recommended that we pursue meeting with you and asking if that $400,000 grant can be translated into purchasing land. We're, we're presently under contract, on a two-acre parcel in Waihee. And the ADA compliance with our USDA mortgage which is $350,000 has such high standards of ADA compliance. We have to be 100 percent.

So, for instance, the hallways are 42-inches wide. The ADA compliant bathroom is wheelchair, a 5-foot radius. And so there's so many, like countertops have to be a little bit changed from the standard. There has to be a double exit on each floor. And even in the County money of purchasing a home, it can't be older than 1976 because of the lead paint. And we also work with the Department of Health, Office of Care Assurance, for our licensing with the domiciliary license to run the homes. So we have three different branches of ADA compliance and requirements that we need to meet to make a home available. And it's a very broad stroke of rules and regulations to meet.

So, we are asking you to please defer this to Budget and Finance and seriously consider voting for us to be able to use the money, which Aaron showed you the plans to a home that we already have designed. And we sent a list of all the ADA compliant regulations, our contract on the home, the plans on the home are, that we can create it within budget. And it's going to the Mayor's Office, and you'll all receive a copy.

Are there any questions on that cause I'd like to also testify on GMO please? If I may.

CHAIR BAISA: Why don't you just continue please and we'll ask later.

MS. CHANG: My background is in the healing arts. I have a doctorate in Chinese medicine. I'm a homeopath. I practiced functional medicine for many years and I actually was practicing in the healing arts prior to my daughter being born in 1982.

In 1983, she was diagnosed with autism when she was one year's old, which is why I'm standing here before you today to really talk about this housing project, because my daughter is really leading that through the work I'm doing for her and others to help provide housing for people on Maui.

In 1982, there was 1 in 15,000 people diagnosed with autism. In 2012, it was 1 in 150. In 2014, it was 1 in 68, which was a 30 percent increase which is considered an epidemic in Hawaii. We have a higher ratio of autism in the United States than in other States; 3 to 1, we're higher in Hawaii.


When you look at the economy of what it takes to support someone with special needs, it's usually a $60,000 increase to the family for the first years because there's not coverage in insurance for so many of the, the things that they need.

The neurologist told me that my daughter would never walk or speak and I should institutionalize her when she was one. I contacted then the Autism Research Institute, which was the only institute in North America, and worked with Bernard Rimland its founder who was a biochemical, biomedical research scientist who had a son with autism. And he created what's called the DAN protocol, which is Defeat Autism Now which is testing the stool, the urine, the blood, the hair, checking for heavy metals, pesticides, chemicals, antibiotic overgrowth, immunization toxicity. And I did all of these tests with my daughter, including cranial sacral work and some structural kind of assistance for her.

And, my daughter walks and speaks, she volunteers at the Humane Society, she volunteers at the lao Theater, she delivers produce from our biodynamic farm where we run gardening programs for the past seven years for people with special needs. And we run a creative arts program as well. And we are strong advocates of understanding that the terrain of the soil mimics the terrain of the blood, that the health of our planet is the health of our body. And you can't separate it. And when I was, may I have one more minute?

CHAIR BAISA: Yes, please.

MS. CHANG: Thank you, Madam Chair. When we came back to Maui eight years ago, I attended the last autism conference that I was able to attend before coming back. And there were 74 children who got up on stage, who had all gone through biomedical detoxification of all the things I mentioned; chemicals, vaccinations, pesticides, heavy metals, gluten, dairy, high diets, sugars, food colorings, they just did major detoxes and biomedical levels, and they had all recovered. And the people with autism are the canaries of our society.

I'm asking to please move this moratorium to committee, to go GMO-free Maui and Hawaii and to have people like myself not stand here--


MS. CHANG: --asking for housing, to house people with disabilities. Let's work on a preventive level. Thank you, Madam Chair and Council.


CHAIR BAISA: And thank you very much.

Members, any need for clarification? Any questions? Seeing none, thank you.

MS. CHANG: Thank you very much.

CHAIR BAISA: And, thank you Christina for your work.

Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Tina Gomes, testifying on Committee Report 14-66. Ms. Gomes will be followed by Keith Ranney.


MS. TINA GOMES, COST OF GOVERNMENT COMMISSION (testifying on Committee Report 14-166):

Good afternoon, Members of the Council, Madam Chair. Again, yes, I am speaking on agenda item 14-66. You should all have a transmittal in your binder in regards to what I will provide to you today.

I'm here to speak on behalf of the Commission, and that would be the Cost of Government Commission. I am the Chair of the Cost. of Government Commission.

With respect to the proposed resolution entitled "PROPOSING AN AMENDMENT TO REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO CLARIFY THE DUTIES OF THE COST OF GOVERNMENT COMMISSION". The proposed resolution seeks to strip the Cost of Government's Commission's independence by providing that the Cost of Government Commission be permitted to "provide advice to the county auditor only upon the auditor's request". The proposed resolution also eliminates the Cost of Government Commission's independent authority to present an annual report of its findings to the Mayor, County Council, and the County Auditor, and instead permits the Cost of Government Commission to report its findings, recommendations, and conclusions only "if requested by the county auditor".

The Commission opposes the proposed resolution and respectfully requests that the County Council reject it.


The Cost of Government Commission has been in existence for almost 40 years, having been created by the Charter in 1976. In its final report dated February 19, 1976, the Charter Commission stated: The Cost of Government Commission would provide a, sorry excuse me, cyclical review of cost and efficiency of both the legislative and executive branches of County government. The Charter Commission believes that this Commission, the Cost of Government Commission, if adopted, will be one of the first of its kind in local government.

Report of the Maui County Charter Commission, page 5, 1976. For the past 38 years, the volunteer community members who have served on the Commission have strived to uphold the Charter's "Declaration of Policy" to "promote economy, efficiency, and improved service in the transaction of public business in the legislative and executive branches of the county".

Section 3-8.1, Revised Charter of the County of Maui (2013). Between 2008 and 2013, the recommendations set forth in the Commission's annual reports have been generally well received and led to positive change in the County government. That would include the County-wide vehicle use policy, the installation of GPS tracking devices in the County vehicles, an improved permitting process, and the creation of the Office of the County Auditor.

With this creation of the OCA, which is the County Auditor, in 2012 General Election, followed by the appointment of the auditor in July 2013, the Commission focused most of its 2013 and 2014 term trying to understand its role in the relationship. May I have another minute, Madam Chair.

CHAIR BAISA: Yes, please.

MS. GOMES: To that of the new County Auditor. Mr. Lance Taguchi and I have met. He's met with the Commission and sought very clearly that he wanted independence from not just the Cost of Government Commission, from the County Council, from the Mayor's Office.

Again, you do have this letter. I don't want to go into too much detail of it, I, I will go over my limit. But, I do want to stress that, you know, the Office of the County Auditor has very limited resources. We do definitely, it may seem like we are doing and overlapping our roles, but it is not very accurate. What we tend to take a look at, and I will state as more of a proactive approach to what we do. I believe that the Office of the County Auditor takes more of a reactive approach to the items that he would investigate versus us. Again, by this resolution being on the ballot, possibly--



MS. GOMES: This will definitely take away from the true civilian oversight that it needs. And again, you do have a copy of this.


MS. GOMES: Thank you.



Mr. Clerk.

DEPUTY COUNTY CLERK: The next person to testify is Keith Ranney, testifying on County Communication 14-166. He will be followed by Linda Mundekis. Last call, Keith Ranney. Is Linda Mundekis here?

CHAIR BAISA: Next.

DEPUTY COUNTY CLERK: Next person to testify is Gayle Groff. Last call for Gayle Groff.

Next person to testify is Tom Blackburn-Rodriguez, testifying on County Communications 14-166 and 14-157. He will be followed by Heather Salmon.


MR. TOM BLACKBURN-RODRIGUES, GO MAUI (testifying on County Communication Nos. 14-157 and 14-166:

Good afternoon, Madam Chair, Members of the Council. Thank you very much for the opportunity to speak with you today. And thank you very much for your patience and for your kind attention to all of the comments that were heard.

I'll be testifying on two items. The first item is 14-157, 14-157, and that is point number 6, under Mayor's transmittals. I'll be testifying on behalf of GO Maui. I'm the executive consultant to the organization, it's a non-profit advocacy group and we are very much in favor of the resolution approving the acquisition of seven lots in Maui Business Park at Kahului, Maui, and the dedication of 35.55 acres in Paia, Maui, Hawaii. This is the land swap for the Baldwin Beach.


We are very pleased to join with other organizations here on Maui with great reputations like the Sierra Club and Maui Tomorrow, and endorse the idea of extending this beach park and completing a 20 year dream or at least taking another step towards a, a 20 year dream which we very much think would be a great thing. So, we support that and want to urge you to vote in favor of that motion, and to move that forward through your deliberative process.

In addition Madam Chair, I would like to comment on item 14-166, "A BILL PLACING A MORATORIUM ON THE CULTIVATION OF GENETICALLY ENGINEERED ORGANISMS". Again, testifying on behalf of GO Maui, we support the Council moving this to a committee for due deliberation. We believe that this is really a three part process.

The first process was getting the petitions. And I don't think that anyone can argue with the success, and the dedication, and the passion of the people who did that. Although it was not of my political party and, and I do appreciate decorum, he was not of my political party, as President Ronald Reagan said, you can't argue with success, okay. And they were successful, and you cannot argue with that.

But, there was a role for the Council to play in that second step in the process. Although 9,000 registered voters who had voted in the last, that the number of 9,000 registered voters did sign the petition, and as a significant achievement that is 20 percent of those who voted in the last mayoral race. That means you have not heard yet from the 80 percent of the public that did not get an opportunity to either to sign the petition because of the tremendous hard work that was, or have not had a chance to express their opinion. The Council plays a role in that and the Committee process will have the opportunity to bring out more and more of the issues you've heard discussed today. And I think that is an excellent thing to do.

The third step then is to move it forward and make certain it gets on the ballot so that the people have a chance to decide in this democratic process, and we support that. We think this is a very major issue. It has the potential for many unintended consequences and we agree that it should be vetted. We should look at the cost of implementation, how the Council, how the County would in fact staff up and be able to operate in this area, and also the design of any particular study. And these kinds of questions could be answered at the committee level. So, we do congratulate you on that.

That is the substance of our testimony. And if there are any questions, I'm ready for that.


CHAIR BAISA: Thank you Mr. Blackburn-Rodriguez.


MR. BLACKBURN-RODRIGUEZ: Thank you again for your time.


DEPUTY COUNTY CLERK: The next person to testify is Heather Salmon, testifying on County Communication 14-166. She will be followed by George Chyz. Last call for Heather Salmon. Is George Chyz present? He will be followed by Sheldon Biga.


MR. GEORGE CHYZ (testifying on County Communication No. 14-166):

Hello.


MR. CHYZ: Good afternoon. And thank you for your patience and allowing me to speak and share my opinion. I'm going to take a little different tact with this. I've been involved in looking at these companies and the kind of things they've been doing historically.

It actually started the, you know, pesticide industry started in Nazi, Germany. The original chemicals were used to get rid of human beings. And the Bayer Corporation is, came from there and, and many of the other people involved in this process have come from that place. It's kind of interesting that the first person that testified was named al, el, Adolph, Adolph was the first testifier, it was kind of hilarious.

Anyway, the thing is, is these kinds of chemicals to reduce human population have been entered into the marketplace many times, and they have been found to be toxic. And it has taken a long time of fighting to get the governments and agencies to realize the toxicity. But, in every case, it has been found that the companies had this information and we're well aware of the toxicity of what they were providing.

And a good example is the case in Maui County of DBCP which was applied to the pineapple fields and caused toxifying of the wells. Of course, Maui County sued Dow, DuPont, and Maui Land & Pine, who won a $4 million settlement in 1999 along


with 40 years of filters to try and filter that water that was toxified by those chemicals that they said were safe.

How many times in history do we have to hear these guys say, oh, it's safe, we tested it, it's safe. There's 3,000 peer reviewed scientific studies in, in the world today that show that GMO's are not safe; 3,000 peer reviewed studies.

Now, a peer reviewed study is a study. I have a Master's of Science from MIT and a peer reviewed study is a study that is, is checked by peers in that same field and determined that the procedures were valid. There is not a single peer reviewed study that shows it's safe. All the peer reviewed studies show it's toxic. And all kinds of studies can be, can be made up to show safety when they're not valid studies.

And these guys, they're bankrolled by the banksters, and they are trying to reduce the population of the world by half. Don't be part of it. Don't let Maui be their crazy little island where they're testing their stuff in the middle of the Pacific, where they can be safe from destroying an entire continent accidentally. That's why they're here. They want to use this place as a safe laboratory where they won't destroy an entire continent. Don't let them do it here. This is a paradise. This is a beautiful place and we need to protect it and get these assholes out of here, excuse my language.

Please get them out of here. I don't care how much money they give you, it's not worth it. We know how many times this has happened. We know who these guys are at the top. There's many employees in these organizations that are--


MR. CHYZ: Okay. That are good people. I'm not talking about the employees, I'm talking about the guys at the top. Thank you.



Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Sheldon Biga, testifying on County Communication 14-166. He will be followed by Rachel Hodara.


Regular Meeting of the Council of the County of Maui June 20. 2014

MR. SHELDON BIGA (testifying on County Communication No. 14-166):

Good afternoon, Council, Madam Chair. Mahalo for letting me testify. Again, my name is Sheldon Biga. I'm in here as an individual but also here as a representative of my 700 members that I Chair with the ILWU Unit 2101.

A lot of my members concerns are for the workers of Monsanto, you know, because a lot of them have families and friends that work for that, that company. They want to make sure that they, they do have jobs and they can continue to support their families.

I also heard a lot about how the signatures was, was, was being taken up around the County of Maui. My 700 members told me a lot of them were approached. A lot of them weren't told the real reason why they were getting signatures. Some was, was being told that it was because of tainted meat in the cattle industry. Some of them told them they were other reasons instead of GMO. Others also told me that they were going to be paid $5 if they put their signature on the, put their signature down.

You know, I also take offense in previous speakers that came up and said that a lot of the speakers from Molokai was, was reading prescript from the company of Monsanto, and what to say. You know, I, I have a lot of family and friends there. A lot of testifiers that testified from Molokai, we know. And, they're not like that, they're talking from the heart.

You know, a lot of previous testifiers came here today and they were talking about Hawaiian. I'm three-quarter Hawaiian. I'm 57 years of GMO standing right in front of you. You know, I was born and raised in Lahaina. You know, I continue to live in Kahului, you know. So, and I work for HC&S. I'm not here as a, speaking for HC&S, I'm here to speak as a, as a individual and as a member of the ILWU 2101.

I want you to hopefully take this back to committee and have a, a very good discussion on this because it will affect everyone. And, again, I speak in behalf of labor, the workers of Monsanto, and my members, my 700 members that I represent. Thank you.



Mr. Clerk.


DEPUTY COUNTY CLERK: Next person to testify is Rachel Hodara. Last call for Rachel Hodara.

Next person to testify is Linda Green. Last call for Linda Green.

Next person to testify is Glenda Frederick. Glenda Frederick will be testifying on County Communication 14-166. She will be followed by Joe Ritter.


MS. GLENDA FREDERICK (testifying on County Communication No. 14-166):

Good afternoon. My name is Glenda Frederick and I'm a nursing assistant and a grandmother, and I support a moratorium on GMO's.

Vermont passed the first ever requiring labeling of GMO foods in the U.S. It was the people of Vermont who voted for labeling of GMO's. Monsanto just announced they're suing the State of Vermont to stop the law from ever going into effect. Vermont does not have the budget for long drawn out legal fight against a giant like Monsanto. So, the State is asking for financial donations towards this cause. Monsanto's argument is saying that the GMO labeling law is somehow an unconstitutional violation of their rights to free speech. They want to call their food all-natural.

Ninety-two percent of people in America want GMO labeling. Sixty-four countries around the world has GMO labeling; including England, Japan, Australia, China, and Russia. About 15 years ago, thousands of people all over Europe were out in the streets protesting against GMO's. As a, as a result, the governments banned GMO's from Europe. I believe because of the rejection of GMO's around the world that this is the reason for the focus of promoting it in America.

But, as Americans, we have the right to choose. The pesticide Roundup is placed in GMO seeds. Not only are we ingesting GMO's, but also pesticides. Cesar Chavez, who started the National former, Farmer's Union back in the 1960's, had documented evidence of cancer related to the use of pesticides by farmworkers. Also the local communities there was, there was evidence of birth defects and cancer related to pesticides. Cesar Chavez referred to pesticides as an evil we must do away with. I'd like to take another minute.

CHAIR BAISA: Yes, go ahead.


MS. FREDERICK: Children ages 6 to 11 nationwide have significantly higher levels of pesticide residues in their bodies than all other age categories. The World Health Organization cites that over 30 percent of the global burden of disease in children can be attributed to environmental factors, including pesticides.

EPA concurs that children take in more pesticide relative to body weight than adults and have developing organ systems that are more vulnerable and less able to detoxify toxic chemicals. Seventy-five out of 99 human studies done, done on lymphoma and pesticides find a link between the two. Children with developmental delays and those younger than six years old are at increased risk of ingesting pesticides through non-food items such as soil.

I'd like to finish by urging the Council to seriously consider all of this and do what's right. Okay, thank you.




DEPUTY COUNTY CLERK: Next person to testify is Joe Ritter. Mr. Ritter will be followed by Steven Davis.

CHAIR BAISA: Good afternoon, Mr. Ritter.

DR. JOE RITTER (testifying on County Communication No. 14-166):

Good afternoon, Honorable Chair Baisa and esteemed Councilmembers. I am Dr. Joe Ritter. It is truly my privilege to stand before you and speak as a private citizen on 14-166. I speak today to defend the future of Maui.

I grew up on a farm. I learned to work on a farm. I'm 100 percent in support of local Maui resident farmers, workers, and their rights. Maui is my home. Although you may know me as a physicist, or a scientist in other fields, I began my scientific career co-authoring several peer reviewed publications in the field of teratology birth defects research. Teratology is from the Greek word "terrace" meaning monster. It is the study of abnormalities of physiological development, malformed young.


Years ago, I had an appointment at the College of Agriculture, Forestry and Natural Resource Management in Hilo. I'm, I'm a better physicist than I am an agronomist but I have some small knowledge in the fields that concern us today; the fields of Maui.

I'm not against biotech or genetics. To the contrary, companies like Genentech have revolutionized treatment for diabetes and other cures are on the horizon. I flew a genetics radiation experiment on the NASA Space Shuttle Mission STS-91; I've worked in the field. I'm thrilled to see true scientific advancement that makes the world a better place and helps people.

I'm a factivist, not an activist. But, in the transgenic GMO research fields of Maui we see unrestrained widespread application of cocktail secret mixtures of herbicides and pesticides with as many as 70 or 80 components where claims of safety from research studies are often based on tests of only a single ingredient, not the chemical combinations, not the combinations applied to crops and through runoff and drift, and through eating applied to us.

Thirty years ago I developed a novel artificial intelligence program for monitoring data from decades of birth defects research studies. At the age of 19, I was a keynote speaker at a meeting of the Mid-Atlantic Reproduction and Teratology Society. Our team's peer reviewed published research and many articles addressed chemical combinations. We found a significantly increased damaging effect from administering multiple chemicals at the same time. So, this is about pesticides; I'm not talking necessarily about GMO's here. Often a single so-called safe chemical would cause no or few birth defects. But if multiple chemicals were administered together, we might see upwards of 50 to 100 percent of malformed young.

Toxicity, may I have a, a, is that beeping for me? No, it's you, okay. Toxicity can be multiplied by a factor of a thousand by combining components. This is, is well established in many scientific journals. We've been told these chemical practices are safed, are safe. I reject that as a chemical company propaganda science. Again, I grew up on a farm. I'm pro-farmer. But this terrifies me.

None of the food that you hear about today has been clinically tested on humans. None of these chemical cocktails have been tested on humans. May I have another minute please, Chair?

CHAIR BAISA: Yes.


MR. RITTER: Thank you. Why? Because the FDA and the EPA do not require this testing. As a scientist, I'll tell you that we may be risking the future of Maui County; children, the health of people who love Maui. We're risking our multibillion dollar tourist industry. We are risking our economy. We are risking our workers health. We are risking the land so that corporations can turn a buck. I'm not anti-corporation, I'm not anti-farmer; I am very concerned about toxicity.

The price of apathy towards public affairs is to be ruled by evil men, Plato said that. Nearly 20,000 people signed a petition. That is just part of a larger voter database. The State Constitution is clear in directing our public officials to preserve our health and natural resources.

I urge you to stand on record today as supporting citizen's initiative and make proof of safety a part of the law on Maui with respect for farmers and workers. Today, before a vote is required in November, I hope you will do this.


MR. RITTER: The number of citizens who will remember what happened today and support you. Thank you very much.

CHAIR BAISA: Thank you, Dr. Ritter.

Any need to clarify the testimony? Seeing none, thank you very much.

Mr. Clerk.

DEPUTY COUNTY CLERK: Next person to testify is Steven Davis, testifying on County Communication 14-166. Mr. Davis will be followed by Sherrie Klappert.


MR. STEVEN DAVIS (testifying on County Communication No. 14-166):

Aloha of to everyone. Health is wealth. This filthy lucre that has taken over our lives and our souls is disgraceful. Now we have a chance. We depend on you people to, to really save Maui and hear what's being said here.

There's people here that want jobs at any cost, but there's a lot of jobs that could come to Maui. Hemp is a new realization that, hemp is a very valuable crop; it heals the earth, it puts back the minerals, like 70 percent of. And it's, it's such a wonderful


herb. I'm just talking about industrial hemp for now, I'm not going to talk about the other. But, hemp could save Maui a, and, and, and create a lot of jobs. The food that comes from hemp is superior. And we're all trying to be healthy.

We all love our lives. We love our families. And we should love this island and all the islands. And the whole world is watching. And we need to stop this before we completely destroy ourselves and our children's future, and this wonderful island. Where else are we going to live if you leave Maui? Where are you going to go? You want to go mainland? I don't. This is where it's at.

And we have farmers up on the slope that are the most wonderful people on the island. And the truth is, small farms is what sustains the human race. These conglomerates have wiped out all the mom and pops farms, and we've lost our way. We're totally deceived and this is a crime of the century. We have to stop it. You people have it in your power to help us and do the right thing. And you'll be blessed by the higher source for doing the right thing and stop taking whatever. Whoever's taking this money, don't; it's wrong.

There's the, it's already been proven, like in India, they found that the way to, to save all these people that they have is everybody's got to grow farms, small farms and organic farms. And the seeds that Monsanto grow only grow one crop. You can never use them again. And pretty soon there's going to be no more seeds, only but what they have because you're not allowed to grow organic farms because it cross-pollinates their stuff, so they say. But, there's something wrong with seeds that won't grow again, and that's a clue.

And the scientist that spoke at the MACC, back when, was the most fascinating man I ever heard speak. And his whole life was dedicated to science and such. And he was really against this GMO stuff. We have to stop Monsanto and boot them out like Britain did.

You know, in 2015, there was an astrological configuration in the heavens coming wherein we might be able to get them out of here and start over. And all the people that want these jobs and stuff, we can grow hemp. It's a marvelous crop, it will do a lot for Hawaii. And can I just have a little more time?

CHAIR BAISA: Yes, please, if you could wrap up.

MR. DAVIS: You know, this is really serious. This is no, this is not good. But, Hawaii is a, we have magic soil here. And we have some great farmers and great farmer's markets all through the islands that are going to be lost. Our papaya, such a nutritious food is ruined. It's a, it's, it's wrong.


I love corn and, and corn is being ruined. It's creating stillbirths in animals that eat it. And the money that is made from Monsanto, it doesn't come to Hawaii; that's not our money. And so I ask you with all my heart, and everyone here that loves their life and their families, is asking to please hear the words. We've got Fukushima coming our way and nobody's doing nothing about it; for three years nothing's been done. We've got chem-trails being sprayed on us, make me sick.


MR. DAVIS: We've got, they're trying to put smart meters in, they're very bad for your health even if they're way across the street from you, only one person has one, it affects you horr--

CHAIR BAISA: Mr. Davis, if you could conclude please.

MR. DAVIS: I'm asking you to hear the facts and create jobs for these hardworking people that do this hard work in the pineapple fields; who could do that stuff? But, the consequences--

CHAIR BAISA: Thank you, Mr. Davis.

MR. DAVIS: Yes.

CHAIR BAISA: Members, any need to clarify the testimony?

Mr. Clerk, please.

DEPUTY COUNTY CLERK: Next person to testify is Sherrie Klappert. Ms. Klappert is testifying on County Communication 14-166. She will be followed by Jason Medeiros.


MS. SHERRIE KLAPPERT (testifying on County Communication No. 14-166):

Aloha, good afternoon, everyone. My name is Sherrie and I am a certified organic farmer. And I've been on Maui for almost 40 years now. And I've had four children who live here on Maui and have been affected by GMO.


Recently the, Jeffrey M. Smith has been to Maui and he's written this book, 320 pages of scientifically documented research on genetic health risks, genetically engineered health risks. And, there's doctors supporting this.

And I am a testimony for having four children who have been affected by GMO's. My children; who are 24, 22, 19, and 15, she just turned 16, my youngest. I have two non-functional children that are affected because of GMO's. And not knowing when they were released in the mid-90's when I started having my children, and as a result they are non-functional. One of them is on disability, she's 22, she was crowned valedictorian. And my 24 year-old, he has Tourette's and he cannot function in society. I watch him go in circles around and around like not knowing what to do, how to help himself.

And, my 15 year-old was vomiting every day from the school lunches, and they are filled with genetically modified organisms. And she was vomiting and I was turned into child welfare because of this. And they tried to take away my child. And as a result, I went to the doctors and they said just feed her what she wants so she can gain weight, she's a health risk. And because I did take her out of school because she was failing because of poor nutrition.

And the poor nutrition is a result of genetically modified organisms. And if we don't do something for our children now, we will be soon without a healthy society, a normal society of well-balanced human beings that can take care of themselves.

My 24 year-old literally he has to be fed the food that I grow on my farm. And the food I grow is organic, I have a greenhouse to protect my organic food from the chem-trails and ground waters that might be polluted with the modified organisms.

I beg for the mercy of this Council to please see this. I have four children and they have been affected when the modified organisms have been released into our food in the mid-90's, 1990's when I had my children. And I really beg for mercy for them and our future generations to come. Thank you very much.



Seeing none, Mr. Clerk, please proceed.

DEPUTY COUNTY CLERK: Next person to testify is Jason Medeiros, testifying on County Communication 14-166. Mr. Medeiros is the last individual who has signed up to testify in the Council chamber.



MR. JASON MEDEIROS (testifying on County Communication No. 14-166):

Aloha, Council. Aloha, guys. I wasn't going to testify today. I'm testifying on behalf of the ILWU.

Earlier, a testifier said that some of you are getting money from these corporations, you know. And literally accusing you of taking bribes. As a member of the ILWU, I'm calling bullshit on that, straight up. Every member of this Council, whether we endorsed them or not, we trust. We trust you as good honest Maui citizens.

I am speaking in support of the Monsanto workers. And there is nothing that has been said that these promises are, oh, they can do this job and that job. And, there's nothing to replace it, there's nothing out there for these people. My job is to protect working families. And I will do anything that I possibly can to protect them, to protect their families.

I have donated to your campaigns too. So if I'm wrong about this donations, buying votes, you know, you guys can do something about the Upcountry-Kihei connector road for me, you know. You know what I mean? No really, seriously, this union, the ILWU, does trust you. Whether we agree with your decision or not, we do trust you. And I just felt that you needed to know that; you guys, not the public. You're good people, all of you. Thank you.

CHAIR BAISA: Thank you, Mr. Medeiros.

Members, any need to clarify that?

Mr. Clerk.

DEPUTY COUNTY CLERK: Madam Chair, there are no further individuals signed up to testify in the Council chamber. If there are any additional individuals in the Council chamber or at the District Offices who would like to offer testimony, please identify yourself to the appropriate staff and proceed to the testimony lectern or District Office phone at this time.

Hana Office, are there any additional testifiers?

MS. LONO: The Hana Office has no one waiting to testify.



Lanai Office, are there any additional testifiers?

MS. FERNANDEZ: There is no one waiting to testify on Lanai.


Molokai Office, are there any additional testifiers?



Madam Chair, there are no other individuals in the District Offices nor the chamber who wish to offer testimony.

CHAIR BAISA: The Chair will ask one more time if there is anyone in the gallery who would like to testify, who has not already testified.

It appears that we may have a couple, Mr. Clerk.

If you would, would you please come forward and we'll deal with the paperwork later. Good afternoon.

MR. WESLEY BISSEN (testifying on County Communication No. 14-166):

Good afternoon. I sat here from this morning. I heard both sides. I'm not here to take a side but I'm here to have, for some of these people over here to show some compassion for the guys that you're trying to eliminate their job and trying to feed their kids.

CHAIR BAISA: Sir.

MR. BISSEN: You know, you guys kind of choosing both sides.

CHAIR BAISA: Before you continue, would you please identify yourself since we don't have paperwork.

MR. BISSEN: Oh, Wes Bissen, I live Hawaiian Homes.


CHAIR BAISA: Okay, thank you.

MR. BISSEN: And you know, all these speakers from Molokai, brah, I feel them. I, I, I no need know who they are, but I feel they trying to raise their family. I, I lived on Molokai. It's the hardest place to find a job, raise a family, and stay there for the rest of your life; that's why I'm here.

But, at least show some compassion. You know, I hear all these guys clapping. And all I know is they clapping for the kids who going end up starving if they do ban this GMO. I know going get some kids over there that going hurt, you know. So, eh, show some compassion, you guys. That's all I have to say. Thank you.

CHAIR BAISA: Thank you, Mr. Bissen.

Members, any need to clarify that testimony? Seeing none, thank you.

Mr. Clerk.

Is there anyone else? If you would, would you please come forward? Please identify yourself.

MS. GAYLN TREVIA (testifying on County Communication No. 14-157):

I'm Gayln Trevia and I'm a residence of Maui, I live in Paia. And I'm here, I just wanted to thank you for opening this up to the residents and the citizens.

And I'm very much in support of the, the offering for the facility for the Maui County Service Center. And I'm very much supportive of it being in Kahului which I think is a great location; it's very central.

And also for the, I think it's a real bonus to have the 35 acres for the Baldwin Beach Park which is really needed. And, I think it's just, it's a win/win for, for Paia, for Maui, and especially the North Shore. And, also the, what's really attractive too is the bike path which I think is a, a, a real plus. So, I just wanted to make my voice heard.

CHAIR BAISA: Thank you very much. And if you could please complete the paperwork for us. Thank you.

MS. TREVIA: Sure. Thank you so much.


CHAIR BAISA: Members, any need for clarification?

Seeing none, Mr. Clerk. There may be others, anybody else?


MR. MERCER CHUBBY VICENS (testifying on County Communication No. 14-166):

Madam Chair, Members of the Council. You know, I've sat here for six hours.

CHAIR BAISA: Please identify yourself.

MR. VICENS: Oh, my name is Mercer Vicens and I'm a resident of about 24 years on Maui, and the rest of my life in Hawaii, and I am Hawaiian. And I sat here for six hours listening to people I don't recognize in the most case. People who have come to Maui because they were looking for a better place, and who can blame them for that?

However, being Hawaiian, sometimes I am oversensitive about what people say and how they treat our aina. I can say aina, because I am Hawaiian. I can say pono, because I am Hawaiian. Unless you stand in my boots as a Hawaiian, don't ever, ever assume you know how I feel.

Back in 1958 or 59, there was a Dr. Brubaker who lived down the road from me in Oahu. Dr. Brubaker was in charge of developing a strain of corn that would benefit the world. And I don't know whether he worked for Monsanto at the time, however, Dr. Brubaker did in fact go to the island of Molokai. He found a strain, he combined different strains and got a better corn in less growing time, sweeter, bigger, even yellower. My wife watched his wife and her kids, because she was of Filipino decent and was dying of leukemia. And yet Dr. did, I guess we would call it, genetically modified corn back 60 years ago, 60 years ago. So, here we are today trying to find out whether it's GMO or it's something else that is creating the problem for our kids.

Let's find a solution first before we throw the baby out with the bathwater. Let's make sure that this Council is convinced that what they're doing out at HC&S, and what they're doing up in Haliimaile, and what they're doing at Monsanto is not injurious to the health of the people that work there, their families. And, good God, can you imagine what would happen, I'm sorry, can I have a--

CHAIR BAISA: Yes.

MR. VICENS: Just finish up.


CHAIR BAISA: Yes.

MR. VICENS: What would happen on Molokai if this were to be banned, can you imagine? I can't. They've got 8.8 percent right now. What would happen to them. Let's think it out. Let's think from our hearts and let's make good decisions. And again I, I mahalo you for allowing me to come here at the very last moment. But, I have great love for this, for this aina and this island, and that drove me to, to say something today. Thank you very much for the privilege.

CHAIR BAISA: Thank you for being here. And really, it's not a privilege. It's our job to listen to our community and we intend to do that.

Any, any questions for Mr. Vicens?

Seeing none, Mr. Clerk. Is there anyone else in the gallery?

Mr. Vicens, please complete your paperwork.

Any, anybody else? Mr. Clerk, I think that's it.

DEPUTY COUNTY CLERK: We'll check in one last time with our District Offices.

Hana Office, are there any additional testifiers?

MS. LONO: The Hana Office has no one waiting to testify.

DEPUTY COUNTY CLERK: Lanai Office, are there any additional testifiers?

MS. FERNANDEZ: The Lanai Office has no one waiting to testify.

DEPUTY COUNTY CLERK: Molokai Office, are there any additional testifiers?



Madam Chair, there are no other individuals in the District Offices nor the chamber who wish to offer testimony.

CHAIR BAISA: Mr. Clerk, have we received any written testimony?


DEPUTY COUNTY CLERK: Madam Chair, we have received written testimony.

CHAIR BAISA: Members, without objections, the Chair would like to receive the written testimony into the record.


CHAIR BAISA: So ordered.

THERE BEING NO OBJECTION, WRITTEN TESTIMONY RECEIVED FROM THE FOLLOWING INDIVIDUALS WERE MADE A PART OF THE RECORD OF THIS MEETING:

1. Rebecca Sydney; 2. Dawn Bicoy; 3. Sharolyn Loke Kamakana; 4. Lorrin Pang; 5. Kurt Adams, Eugenia Sitts, Lowella Oasay, Hayde Sim, and

Brian Ferreira; 6. Karen Chun; 7. Darren Strand, Hawaii Farm Bureau; 8. Carol Reimann, Monsanto Hawaii; 9. Warren Watanabe, Maui County Farm Bureau; 10. Alex Franco, Hawaii Cattlemen's Council, Inc.; 11. Mark Wood; 12. John Gelert; 13. Melissa Verbena; 14. John Buck; 15. Christina Chang; 16. Tina Gomes, Cost of Government Commission; 17. January Asbury; 18. Arianna Feinberg; 19. Adrienne Poremba; 20. Barry; 21. Bruce Benner; 22. Karen Bennett; 23. Hannah Bernard, Hawaii Wildlife Fund; 24. Paul Hooper; 25. Kaliya Mayell; 26. Lila Sherman; 27. Larry Stevens; 28. Connie Tucker;


29. Kapulani Antonio; 30. Lorraine Barrie; 31. Bodhi Be and Laura Binstock; 32. Bobbie Becker; 33. Linda Berry; 34. Bill and Bobbie Best; 35. Michael Garrison; 36. Cal Lewin; 37. Judy Mertens; 38. Paula Phillips; 39. Patrick Franta; 40. Kate Holdsworth; 41. Tamara Paltin; 42. Katharine Ayers; 43. Robert Blackburn; 44. Steven Bronstein; 45. Michael D'Addario; 46. Susan Douglas; 47. Jeanne Duberstem; 48. Mark, Vicki, Blair, and Spencer Hyde; 49. Jeffrey; 50. Milena Kari; 51. Trish Melusky; 52. Gary Passon; 53. Kathy Pisoni; 54. Emma White; 55. Bennett Cale; 56. Gordon Lange; 57. Patty Sadler; 58. John Naylor; 59. Jay April; 60. Joseph Bobrow; 61. Mr. and Mrs. Jacobi Gordon; 62. Walter Hillinger; 63. Karen Keller; 64. Denise LaBarre; 65. Myrica Morningstar; 66. Christine Andrews; 67. Spacious; 68. Patricia Gardner; 69. Ramani; 70. Albert Sikirdji;


71. Corinna Payne; 72. Janet Schoenhaus; 73. Harlan Hughes; 74. William Navran; 75. Bernard Fickert; 76. Gretchen Fisher; 77. Heidi Sherman; 78. Marisela Bracho; 79. Terry McAuliff; 80. Harold Keyser; 81. Joseph Kohn; 82. Laine Assid; 83. Jasmyne Boswell; 84. Paul Carter; 85. Kathy Corcoran; 86. Martin Diamond; 87. Mary Higgins; 88. Tim Jones; 89. Mayla Makana; 90. Karen Freesia Peterson; 91. Rfatheree; 92. Audrey Allencastre; 93. Roxanne Darling; 94. Naomi Hillinger; 95. Charlotte O'Brien; 96. Robert Pollock; 97. Robert Stephenson, Molokai Chamber of Commerce; 98. Joan and Mitch Berman; 99. Helga Fiederer; 100. Steve Goldstein; 101. Andy Bryner and Dawna Markova; 102. Daniel Grantham; 103. Candice Pacheco; 104. Pamela Palencia; 105. Marilynn Hirashima; 106. Valerie Lane Simonsen; 107. Maliasgarden; 108. Marie Bouman; 109. Clifton M. Hasegawa; 110. Colleen O'Rourke; 111. H. Russell; 112. Courtney Turner;


113. Don R. Gerbig; 114. Ellen S. Licht; 115. Romelle Verduzco; 116. Deborah Eudene; 117 John Worthington; 118. Tatiana Howard; 119. Gerald B. Isdale; 120. Gabrielle Vi Martin; 121. Eliza Brady; 122. William Cote; 123. Melissa Ebeling; 124. Mike Foley; 125. Tara Grace; 126. Alexa Hatton; 127. David Johnston; 128. David Kahn; 129. Ann Mevis and Aron Teuber; 130. Steve Slater; 131. Kim Smith Jacoby; 132. Kat Tracy; 133. Sara Tekula; 134. Marcy Martin; 135. Keith Ranney; 136. Norma Agcaoili; 137. Maria Corazon Balangatan; 138. Dartagnon Sidney Bicoy; 139. Artur Esteban; 140. Helena Miguel; and 141. Juliet Tangonan.

CHAIR BAISA: Members, being that there are no more testifiers in the District Offices or in the gallery, without objection, I'd like to close public testimony for today.



Mr. Clerk, let's proceed.

DEPUTY COUNTY CLERK: Madam Chair, proceeding with minutes.


MINUTES

The minutes of the Council of the County of Maui's public hearings of April 24, 2014, and April 30, 2014, were presented at this time.

CHAIR BAISA: Vice-Chair Carroll, please.

VICE-CHAIR CARROLL: Thank you, Chair. Excuse me.

I MOVE THAT THE MINUTES OF THE PUBLIC HEARING OF APRIL 24, 2014, THE PUBLIC HEARING OF APRIL 30, 2014, BE APPROVED.


SECOND.

CHAIR BAISA: We have a motion by Mr. Carroll, seconded by several folks, Mr. Couch.

Mr. Carroll.

VICE-CHAIR CARROLL: No discussion.

CHAIR BAISA: Any discussion, Members? Seeing none, all those in favor say "aye".



NOES: NONE.


CHAIR BAISA: Motion carries; eight "ayes" and one Member "excused".

Mr. Clerk.

DEPUTY COUNTY CLERK: Madam Chair, proceeding with committee reports.


COMMITTEE REPORTS

COMMITTEE REPORT NO. 14-64 - POLICY AND INTERGOVERNMENTAL AFFAIRS COMMITTEE:

Recommending that Resolution 14-68 , entitled "APPOINTMENT OF MEMBERS TO THE MAUI COUNTY COMMISSION ON PERSONS WITH DISABILITIES", be ADOPTED.

Approving the appointment of Gabriel Johnson (replacing Joseph Felipe) to the Commission on Persons with Disabilities, for a term expiring on March 31, 2017.

Approving the appointment of Faraz Azizsoltani (replacing Charlotte Smith) to the Commission on Persons with Disabilities, for a term expiring on March 31, 2016.

CHAIR BAISA: Mr. Hokama.

COUNCILMEMBER HOKAMA:

MADAM CHAIRMAN, I MOVE THAT COMMITTEE REPORT 14-64, WITH ITS RECOMMENDATIONS, BE ADOPTED.


SECOND.

CHAIR BAISA: We have a motion by Mr. Hokama, seconded by Mr. Couch.

Mr. Hokama.

COUNCILMEMBER HOKAMA: No further discussion, Madam Chairman.

CHAIR BAISA: Members, any discussion? Seeing none, all those in favor say "aye".




NOES: NONE.


CHAIR BAISA: Motion carries; eight "ayes" and one Member "excused".

Mr. Clerk.



Recommending the following:

1. That Resolution 14-69 , entitled "PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO MAXIMUM AMOUNT OF PENALTIES", be PASSED ON FIRST READING and be ORDERED TO PRINT; and

2. That the correspondence dated January 3, 2012, from Councilmember Donald G. Couch, Jr., be FILED.





SECOND.

CHAIR BAISA: Motion by Mr. Hokama, seconded by Mr. Couch.

Mr. Hokama.


COUNCILMEMBER HOKAMA: Madam Chairman, thank you. I would just, once more for the record, state that unless we also revise the Charter, earlier comments through testimony regarding the ability of Council to set forth penalties for various violation under our maximum limits, can only occur by the Charter change first before we can make any type of adjustment through an ordinance. Thank you.

CHAIR BAISA: Thank you, Mr. Hokama.

Any further discussion? Seeing none, all those in favor say "aye".



NOES: NONE.


CHAIR BAISA: Motion carries with eight "ayes" and one Member "excused".

Mr. Clerk.



Recommending that Resolution 14-70 , entitled "PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO CLARIFY THE DUTIES OF THE COST OF GOVERNMENT COMMISSION", be PASSED ON FIRST READING and be ORDERED TO PRINT.



I MOVE THAT COMMITTEE REPORT 14-66, WITH ITS RECOMMENDATIONS, BE ADOPTED.



SECOND.


Mr. Hokama.

COUNCILMEMBER HOKAMA: Madam Chairman, thank you. I appreciate the comments of those that provided testimony, and I would agree. All the references from 1968 and through the 70's, that was very accurate. And at that point in time, without a County Auditor, well deserving to go through that Cost of Government Commission in our structure of local governance.

Since we now have by the peoples own choice to set up an independent County Auditor, again, I find it interesting this Administration continues to try and influence a branch of government that it needs to have full arms-length distance from. It was interesting that the Administration would continue to try and interfere with an entity that is supposed to be objective to all branches of government including this Council.

And so I would believe, Madam Chairman, that the, in the current status of the structure of local governance that, it is very appropriate for us to allow the County Auditor their full independence and freedom to conduct his responsibilities as stated by the people in our Charter's language. Thank you.


Further comment? Mr. Couch.

COUNCILMEMBER COUCH: Thank you, Madam Chair. And I appreciate the Committee's work on that. I, I apologize for not being able to be at that Committee hearing. And I did have some concerns with what's happening there. And I do think that, in this case, it's been cut a little bit too much in my opinion. But, this Committee has decided it and it's, it's time to get it out to the folks to decide.

I will be in support of the Committee's recommendation because I wasn't there, but I, I'm not quite so much in support of the actual Charter change. Thank you.

CHAIR BAISA: Any further discussion?

Mr. Guzman.


COUNCILMEMBER GUZMAN: Thank you, Chair. I will support the, the amendments on, but I do have reservations. I too believe that there, there is no specific language in determining what now are the duties of the Cost of Government Commission since the deletions are all of their duties. So, in future reference, if 20 years from now, or let's say 10 years from now, how do we know what the Cost of Government does? I mean, we should at least have something in there to define their, their duties.

So, I will support it for now to place it on the ballot. But, this is in reservation as to, we need to clarify what are the remaining duties that are left for them. Thank you, Chair.

CHAIR BAISA: Thank you, Mr. Guzman.

Further comments? Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. And, I'm going to vote in full support of this measure. The discussions that we have had I think have clarified for me that the intent of the Cost of Government Commission since the, the Office of the Auditor was established by Charter and voted on by the people of Maui, has been to try to control that office and get the Auditor to do what they want. And it was very clear when we drafted that measure and submitted it through this very same process two years ago, that the way it was drafted was to provide for total independence from the Administration and the Council as far as determining what was to be audited and who was going to make those decisions.

The Auditor's Office is, is tied to the Council only through its budget. But, we as Councilors cannot instruct the Auditor what to focus on, nor can the Administration. And that's why it's set up the, the way it is. The Cost of Government Commission seemed to be more interested in controlling the process and controlling the Auditor, then following the, the examples set by the vote of the people.

I think what has been done with this leaves the Cost of Government in a position to do all the work that they currently do. And I believe we've removed their powers of investigation but they work with a member of the, of the Administration sitting in on all of their meetings. And because they are appointed by the Mayor, there's no question in my mind that the Administration will continue to provide them the level of access that is appropriate for them to do their job as they have done in the past. I've never felt that they require the duties of investigation. I believe that this is a, a worthwhile move.


And the Auditor now has all the powers of investigation and subpoena and so on. So, in those instances where digging deep and digging into places where no one wants them to look can be properly done and effectively done by the Auditor. And I don't believe that the Cost of Government Commission is losing any effectiveness. I've appreciated their reports and I'm sure that I will continue to appreciate their reports. But we do have a County Auditor now who has all the powers that are necessary to do proper auditing. And we expect him to do the kinds of jobs that we hope will ferret out any wrongdoing in the County government, and at the same time validate some of the fine work that does go on in the Administration by doing those audits as well.

So, I'm very comfortable with what the Committee passed out. And I believe that's the, the right thing to do and the right time to do it. Thank you, Chair.

CHAIR BAISA: Thank you, Mr. White.

Further comments?

VICE-CHAIR CARROLL: Chair.

CHAIR BAISA: Over here, Vice-Chair Carroll.

VICE-CHAIR CARROLL: Thank you, Chair. On resolution on page 2, the first one, number two, "the commission shall provide advice to the county auditor only upon the auditor's request. In addition, if requested by the auditor, the commission shall submit a report of its finding, recommendation, and conclusions to the auditor, to the mayor, and the council."

I have a problem with that from the testimony and what we've received. If the Auditor requests assistance from them, and they do their function, only with the Auditor's permission can they file a report. That doesn't really ring right. So, if the Auditor changes his mind and figures well, I don't like that report, he just doesn't have to accept it. I think that that needs some thought over here.

If we're going to truly have everything open, and then we leave a section inside there where the Auditor, and I have every faith in our Auditor, but we have to think about in the future. We don't know who, it might be over there, or what pressures might lead to some abuse because of the wording of the, this Section 2.

If they are assigned, if the Auditor tells them to check something or if through the Administration they request, or we request the Auditor to, and they get into something, I don't know really how that would work in the end. It's a little fuzzy over


there. But, then he could refuse a report and we would never get the report, the Mayor wouldn't get the report, nobody would get the report. So, I have a problem with that number 2.

And I tried to work, work out some wording. But that just really came to my attention very recently with the testimony, and some letters, and some people that have given me a call. And I have a problem with that. I don't, I think that needs to be addressed. If we're going to have a good clean document that truly represents our concern for open government and representing our people, I think we need to do something to clean that up.

CHAIR BAISA: Thank you, Mr. Carroll.

Any further comments, Members?

Mr. Guzman.

COUNCILMEMBER GUZMAN: Thank you, Chair. Thank you, Member Carroll, in terms of pointing that out. I, I tend to, I see where he's, he's going with that thought process and analysis. But, in addition to that, the, "the commission shall submit a report of its findings, recommendations, and conclusions." Now, by, by deleting the powers and duties, what, my question is what report and what findings and recommendations? What, I mean what, it doesn't explain what they are supposed to be doing. It's just a recommendation, a report. A report of what?

Because, in the second, in the, in, in the powers and duties section which is deleted, that's where you get the explanation of what report and what recommendation, and what conclusions they are to be made. But, without Section 1, 2, and 3, I have no clue what, what report and findings recommendations that this Commission is supposed to be doing. So, I, I'm a little bit, I agree with Member Carroll in terms of just the wording of this and just the clarifying of what are their duties now. What are their powers and duties.


COUNCILMEMBER GUZMAN: Thank you.

CHAIR BAISA: Any further discussion?

Mr. Couch. And then I'll get to Mr. Hokama.


COUNCILMEMBER COUCH: Thank, thank you, Madam Chair. And I kind of have a question to, probably the Clerk or Corp. Counsel, that this is required to, to have a two-thirds affirmative vote, is that correct?

CHAIR BAISA: Corp. Counsel.

FIRST DEPUTY CORPORATION COUNSEL ED KUSHI: Yes, for Charter amendments; and two separate readings.

COUNCILMEMBER COUCH: Two separate readings? Okay.

CHAIR BAISA: Two-thirds and two separate readings.

COUNCILMEMBER COUCH: And is there a deadline.

FIRST DEPUTY CORPORATION COUNSEL KUSHI: You'd have to work backwards from the election date. I'm not too sure.

COUNCILMEMBER COUCH: Does, does the Clerk know that one?

CHAIR BAISA: Mr. Clerk, can you help.

DEPUTY COUNTY CLERK: I believe we have to submit it to the State Office of Elections on August 21, but that includes any time that it takes to get into proper form, translation of the Charter amendment into Ilocano, and other such considerations so that would need to be factored in as well. But, August 21, I believe is the date that we submit Charter amendments.

CHAIR BAISA: Are you done, Mr. Couch.

COUNCILMEMBER COUCH: Yea, I, the concerns brought up by the two other Members have got me thinking now too. So, I'd like to hear from the rest of the Members. Thank you.

CHAIR BAISA: Mr. Hokama, please.

COUNCILMEMBER HOKAMA: Thank you, Madam Chairman. As we have discussed in Committee more than once, this in no way, (1) inhibits or prohibits the Mayor from creating his own additional task force and ADHOC Committees to do additional assignments that the Charter allows him through its executive powers.

Regular Meeting of the Council of the County of Maui June 20,2014

The Council, also Madam Chairman, if need be by request of the Auditor may consider additional ordinance proposals to, as we have done with the Board of Water Supply which was just advisory. We have, by ordinance, assigned them additional duties by law.

We are also able to do this for the Auditor, if requested. The Auditor also has the ability through the Administrative Procedures Act to create additional standard operating procedures and guidelines on how he may want to proceed, which goes through an open process.

Part of, for me, is to allow that the, the Auditor to come up with his way of trying to administer the program that the Charter and the people had chosen for this responsibilities.

I would prefer that the Auditor consider and recommend to us if there is a need of legislative action, a type of adjustments or additions the Auditor feels appropriate for the Office of the Auditor, and that is why it's quite flexible. But, in no way, again, is the Cost of Government to be considered equal to the Auditor. We have now a County Auditor.

And again, there is not, you know, it's one thing ya, when you read the Charter, the Mayor is like an ex-officio on every single board and commission. He has a voice in everything. So, already to me there is a slanted bias for the Administration which automatically has a say in all things. For me, it's an interesting way where the policymaking body has more limited opportunities on what is County policy than the Administration which implements County policy.

So, for Members, I think this is the next step of . . this County's local government structure. I would ask that we give the Auditor the ability to move forward. His responsibility in the manner that the Auditor believes is responsible to move forward; not this Council, but the Auditor.

And I think when we went through the vetment process of who we considered for Auditor, the questions, the experiences we had, the peer review requirements of, to ensure the standing of the nominee, I believe it was well done where the Council had great confidence in appointing Mr. Taguchi to the current commission. And that is why the length of term is such. And I would say allow the Auditor to do his job. And let us just provide him with the resources and let him take the responsibility because at the end of the day, it is the Auditor report. There shall be only one audit of the County and that is the Auditor's report, not the Cost of Governments Commission's


audit. The official County audit will be from the County Auditor. Thank you, Madam Chair.


And, Chair would just like to chime in on this. It's a very difficult situation we have here. But, I'm remembering we had some remarks at the opening of our meeting this morning. And they were along the line of change, and how difficult change is and how everyone fears it. But, it's inevitable and that we have to grow with the times; and we have had a change.

We haven't had a County Auditor for a long time. We do now. I have every confidence in the person we selected. I worked with him and I strive very, very hard to keep an arms-length relationship with him because he is independent and he's a man of great integrity, and he will not allow anybody to step on his independence; even if I tried, he wouldn't let me. And so, I'm very comfortable that he'll do his best for us.

And I in no way take away from the Cost of Government Commission. They have done an outstanding job. I too look forward to their annual reports. And they've done some really good work. But, I think we're at a crossroads where we're going to have to look at what we're doing and maybe modify it, and this is the beginning.

And if it goes to the Charter, there'll be an opportunity for the people of Maui County to say we agree or we don't. And I think that's democracy in action. And I for one like to see things going to the voters because I think that nine of us, or nine of us, but a whole bunch of other people can weigh in and then I feel more comfortable. So, that's where I'm at.

Further, Ms. Crivello, and then Mr., our friend from Hana.

COUNCILMEMBER CRIVELLO: Thank you, thank you, Chair. I think we need to resolve this sooner than later. County Auditor's Office, I think, is just waiting so that they can get some solid direction.

I believe the Cost of Government Commission, they have their role, and their role is there's no solid line between the County Auditor and the Cost of Government Commission. There, there's no solid line. So, I think what you said earlier, let it, let the people decide if that's where we're going. So, I'm in support--


CHAIR BAISA: Thank you, Ms. Crivello.

Mr. Carroll.

VICE-CHAIR CARROLL: Thank you, Chair. I will begin by, I support the Auditor a hundred percent. I have every faith in him; that's why we appointed him to the position, because of his high moral standards and his ethics. However, what we're talking about here is changing our Charter, and it needs to be clear. I'm sorry this came up but we still have time between now and August. And like, our Deputy Clerk said, there's paperwork to be done, but I have every confidence in our Clerk's Office, that they can do that quickly.

I think it's something that we really need to reconsider. It's shouldn't, we have the time to do it. It's our Charter; it's something that we really, really have to make sure we get it right. So, I would hope that we could send this to Committee, hear it right away; that or any other corrections that might come up from the testimony received. Thank you.


Any further comments? Yes, two is your limit. Anyone else want second round? Seeing none, we have a motion on the floor and there's no proposals to amend, so Chair will call for the vote. All those in favor say "aye".

AYES: COUNCILMEMBERS COCHRAN, COUCH, CRIVELLO, GUZMAN, HOKAMA, WHITE, AND CHAIR BAISA.


NOES: VICE-CHAIR CARROLL.


CHAIR BAISA: I think it's pretty clear that we have one "no". And so that means that we have enough votes to pass it. We have seven "ayes", one "no", and one Member "excused". Thank you very much.

Moving on. Mr. Clerk.




Recommending that Resolution 14-71 , entitled "AUTHORIZING SETTLEMENT OF PATRICE FALCONE AND ROBERT FALCONE V. COUNTY OF MAUI, ET AL., CIVIL NO. 13-1-0716(2)", be ADOPTED.





SECOND.

(Councilmember Crivello was excused from the meeting at 3:18 p.m.)


Mr. Hokama.

COUNCILMEMBER HOKAMA: No further discussion, Madam Chairman.

CHAIR BAISA: Members, any discussion? Seeing none, all those in favor please say "aye".

AYES: COUNCILMEMBERS COCHRAN, COUCH, GUZMAN, HOKAMA, WHITE, VICE-CHAIR CARROLL, AND CHAIR BAISA.


NOES: NONE.

EXCUSED: COUNCILMEMBERS CRIVELLO AND VICTORINO.


CHAIR BAISA: Motion carries; we have seven "ayes" and two Members "excused", and that's Member Crivello and Member Victorino.

Mr. Clerk.


Madam Chair, proceeding with County Communications.

COUNTY COMMUNICATIONS

NO. 14-143 - DANILO F. AGSALOG, DIRECTOR OF FINANCE, (dated May 29, 2014)

Transmitting 65 contracts/grants for April 2014.


COUNCILMEMBER WHITE: Thank you, Madam Chair.

I MOVE TO FILE COUNTY COMMUNICATION 14-143.


SECOND.

CHAIR BAISA: We have a motion by Mr. White, seconded by Mr. Hokama.

Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. No further discussion.





NOES: NONE.


CHAIR BAISA: Motion carries; seven "ayes" and two Members "excused".

And I am very sorry, Members, but we're going to take a five minute recess before we finish this meeting. Chair needs a break.

(THE MEETING WAS RECESSED BY THE CHAIR AT 3:19 P.M., AND WAS RECONVENED AT 3:30 P.M., WITH ALL MEMBERS PRESENT, EXCEPT COUNCILMEMBERS CRIVELLO AND VICTORINO, EXCUSED.)

CHAIR BAISA: Will the meeting please come back to order.

Mr. Clerk.

NO. 14-144 - DANILO F. AGSALOG, DIRECTOR OF FINANCE, (dated June 2, 2014)

Informing of the transfer of appropriations from Countywide Costs — General Costs to various departments.


COUNCILMEMBER WHITE: Thank you, Madam Chair. Without objections, I'd like to refer this to Committee.

CHAIR BAISA: Members, any objections?



Mr. Clerk.

County Communication No. 14-144 was referred to the Budget and Finance Committee.



Transmitting the "COUNTY OF MAUI RETIREE HEALTH CARE PLAN ACTUARIAL VALUATION REPORT AS OF JULY 1, 2013".


COUNCILMEMBER WHITE: Thank you, Madam Chair. In the same vein, I'd like to, without objection, refer this item to the Budget and Finance Committee as well.

CHAIR BAISA: Thank you, Mr. White.

Members, any objections?



Mr. Clerk.

County Communication No. 14-145 was referred to the Budget and Finance Committee.

NO. 14-146 - ALAN M. ARAKAWA, MAYOR, (dated June 3, 2014)

In accordance with Section 2.41.040, Maui County Code, informing of a vacancy on the Real Property Tax Review Board due to the resignation of Brent Johnson on June 2, 2014.


COUNCILMEMBER HOKAMA: Thank you. With no objections from you and the Members, I would request the Clerk to also bring up County Communications 14-147 and 148.



Mr. Clerk, please.



In accordance with Section 2.41.040, Maui County Code, informing of a vacancy on the Liquor Control Commission due to the resignation of Neldon Mamuad on June 4, 2014.


In accordance with Section 2.41.040, Maui County Code, informing of a vacancy on the Kula Agricultural Park Committee due to the resignation of John Okamura on June 10, 2014.


COUNCILMEMBER HOKAMA: Thank you.

I MOVE THAT COUNTY COMMUNICATIONS 14-146, 147, AND 148, BE FILED,


SECOND.

CHAIR BAISA: Motion by Mr. Hokama, seconded by Mr. Couch.

Mr. Hokama.

COUNCILMEMBER HOKAMA: Thank you, Madam Chairman. I would just say we thank the following gentlemen; Mr. Brent Johnson, Mr. Neldon Mamuad, Mr. John Okamura, for serving the residents of the County of Maui. And we wish them well in their future endeavors.


Members, any comments? Seeing none, all those in favor say "aye.




NOES: NONE.


CHAIR BAISA: Motion carries with seven "ayes" and two Members "excused"; Ms. Crivello and Mr. Victorino. And that will be the excusals for the remainder of the meeting unless somebody else leaves.

Mr. Clerk.

NO. 14-149 - DAVID TAYLOR, DIRECTOR OF WATER SUPPLY, (dated June 4, 2014)

Transmitting copies of the Department of Water Supply's Monthly Source Report and Groundwater Use Report for the month ending May 2014.


COUNCILMEMBER WHITE: Thank you, Madam Chair. Without objection, may we bring up County Communication 14-150 as well?

CHAIR BAISA: Sure. No objections, Members.




NO. 14-150 - DAVID TAYLOR, DIRECTOR OF WATER SUPPLY, (dated June 6, 2014)

Transmitting the Department of Water Supply water use report for April 2014, and copies of water use reports received from Hawaiian Commercial and Sugar Company, Wailuku Water Company, and Hawaii Water Service Company for the same period.



I MOVE TO FILE COMMUNICATIONS 14-149 AND 14-150.


SECOND.

CHAIR BAISA: We have a motion by Mr. White, seconded by Mr. Couch.

Mr.. Mr, White.

COUNCILMEMBER WHITE: No discussion. Thank you.




NOES: NONE.


CHAIR BAISA: Motion carries with seven "ayes" and two Members "excused".

Mr. Clerk.


NO. 14-151 - ELLE COCHRAN, COUNCILMEMBER, (dated June 3, 2014)

Relating to Council Members' report on the Coral Reef Alliance's maritime educational presentation held in West Maui on May 31, 2014.

CHAIR BAISA: Ms. Cochran.

COUNCILMEMBER COCHRAN: Thank you, Chair.

I MOVE TO FILE COUNTY COMMUNICATION 14-151.


SECOND.

CHAIR BAISA: We have a motion by Ms. Cochran, seconded by Mr. Couch.

Ms. Cochran.

COUNCILMEMBER COCHRAN: Thank you, Chair. Councilmembers Michael Victorino, Don Couch, and myself, attended a Coral Reef Alliance maritime presentation held in West Maui on Saturday, May 31, 2014.

I am making this report pursuant to State Sunshine Law, specifically, Section 9, 92-2.5(e) of the Hawaii Revised Statutes.

Attendees received presentations on reef health in West Maui. A quorum of the Council was not present at the presentation. The educational presentation was not specifically and exclusively organized for, or directed toward Members of this Council. No commitment relating to a vote on any Council business was made or sought at the meeting.

Madam Chair, that concludes my report.


And I got to see some of the pictures of the fun on Facebook; looked like you all had a wonderful time and learned a lot.

Any more comments? Mr. Couch.


COUNCILMEMBER COUCH: Thank you, Madam Chair. And I, I agree that it was very informative and we also made very good relationships with, William Aila was there and Matt Yamamoto was there, and those are the DLNR guys. And several of the, the reef protectors organizations were there. And we had some very, very good conversations as to just, you know, these are the, this is the status of our reefs and, and it was very informative.

CHAIR BAISA: Good. Thank you both very, very much.

Members, further comments? Seeing none, all those in favor say "aye".



NOES: NONE.


CHAIR BAISA: Motion carries; seven "ayes", two Members "excused".

Mr. Clerk.

NO. 14-152 - GLADYS C. BAISA, COUNCIL CHAIR, (dated June 10, 2014)

Transmitting a proposed resolution entitled "RESCHEDULING THE COUNCIL'S JULY 18, 2014 MEETING".

DEPUTY COUNTY CLERK: Members, as a reminder, waiver of committee referral and report requires the affirmative vote of six Councilmembers.

CHAIR BAISA: Vice-Chair Carroll.


VICE-CHAIR CARROLL: Thank you, Chair.

I MOVE TO ADOPT THE PROPOSED RESOLUTION ATTACHED TO COUNTY COMMUNICATION 14-152 ENTITLED "RESCHEDULING THE COUNCIL'S JULY 18, 2014, MEETING", AND TO FILE COUNTY COMMUNICATION 14-152.

CHAIR BAISA: Mr. Carroll, I think we need to waive first and then adopt. If you don't mind.


I MOVE TO WAIVE, THAT THE REQUIREMENT OF COMMITTEE REFERRAL AND REPORT PURSUANT TO SECTION 6(F) OF THE RULES OF THE COUNCIL BE WAIVED.


SECOND.

CHAIR BAISA: We have a motion by Mr. Carroll, seconded by Mr. Couch.

Mr. Carroll.


I MOVE TO ADOPT THE PROPOSED RESOLUTION.

CHAIR BAISA: Let's, we'll vote on the waiver.

VICE-CHAIR CARROLL: Oh, I'm sorry. We need to vote.

CHAIR BAISA: Yea. Any, any comments on the waiver, otherwise we'll vote on that first. All those in favor say "aye".




NOES: NONE.


CHAIR BAISA: Motion carries; we have seven "ayes" and two Members "excused". So, the waiver meets the requirement.

Mr. Carroll.


I MOVE TO ADOPT THE PROPOSED RESOLUTION ATTACHED TO COUNTY COMMUNICATION 14-152 ENTITLED "RESCHEDULING THE COUNCIL'S JULY 18, 2014 MEETING", AND TO FILE COUNTY COMMUNICATION 14-152.


SECOND.


Mr. Carroll.

VICE-CHAIR CARROLL: Thank you, Chair. Rule 2(B) of the Rules of the Council authorize the Council by resolution to reschedule our regular meeting for a different date or place within the same month. The Councilmembers will be attending a 2014 National Association of Counties Annual Conference and Exposition in New York, in New Orleans, Louisiana, during the week of July 13, 2014.

Rescheduling the Council's regular meeting of July 18, 2014 to July 22, 2014, would allow for greater participation by the Councilmembers at the NACo, NACo Conference. Thank you, Chair.



Any further discussion? Chair would like to note that this is important. All of us want to be there when we see our own Riki Hokama become the President of our national organization. And so we, I would ask the Members to please support the move of the date.

Any further comments? All those in favor say "aye".



NOES: NONE.


CHAIR BAISA: Motion carries with seven "ayes" and two Members "excused". So ordered.

Mr. Clerk.


NO. 14-153 - MIKE WHITE, CHAIR, BUDGET AND FINANCE COMMITTEE, (dated June 13, 2014)

Transmitting a proposed resolution entitled "AUTHORIZING THE TRANSFER OF AN UNENCUMBERED APPROPRIATION BALANCE WITHIN THE DEPARTMENT OF FINANCE FISCAL YEAR 2014 BUDGET".



I MOVE TO DISCHARGE THE BUDGET AND FINANCE COMMITTEE FROM FURTHER CONSIDERATION OF COUNTY COMMUNICATION 14-46; AND


CORRESPONDENCE DATED JUNE 12, 2014, FROM THE BUDGET DIRECTOR TRANSMITTING A REVISED RESOLUTION ENTITLED "AUTHORIZING THE TRANSFER OF AN UNENCUMBERED APPROPRIATION BALANCE WITHIN THE DEPARTMENT OF FINANCE FISCAL YEAR 2014 BUDGET".


SECOND.


Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. This is a time sensitive matter since it needs to be completed by the end of the fiscal year.

CHAIR BAISA: Okay. Any further discussion? All those in favor say "aye".



NOES: NONE.



Mr., Mr. White.


I MOVE TO WAIVE THE REQUIREMENTS OF COMMITTEE REFERRAL AND REPORT AS PROVIDED IN RULE 7(E) OF THE RULES OF THE COUNCIL.



SECOND.


Mr. White.

COUNCILMEMBER WHITE: Thank you. No further discussion.

CHAIR BAISA: Any discussion, Members? Seeing none, all those in favor say "aye".


CHAIR BAISA: And opposed.

NOES: NONE.


CHAIR BAISA: Hearing none, we have seven "ayes" and two Members "excused"; motion carries.

Mr. White.


I MOVE THAT THE REVISED PROPOSED RESOLUTION ENTITLED "AUTHORIZING THE TRANSFER OF AN UNENCUMBERED APPROPRIATION BALANCE WITHIN THE DEPARTMENT OF FINANCE FISCAL YEAR 2014 BUDGET", AS ATTACHED TO COMMUNICATION 14-153, AND TRANSMITTED TO THE BUDGET AND FINANCE COMMITTEE DATED JUNE 12, 2014, BE ADOPTED; AND THAT COUNTY COMMUNICATIONS 14-60 AND 14-153 BE FILED.

Regular Meeting of the. Council of the County of Maui June 20, 2014


SECOND.


Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. The Department of Finance shortages are projected in postage, telephone expense, and rentals in the amount of 180,000, $180,077. The projected shortfall in postage is mainly due to an increase in postage usage along with a three percent postage rate increase that took effect in January 2014.

The anticipated shortfall in the telephone expense is attributed to the County's conversion to a new telephone system and related expenses. Thank you, Chair.

CHAIR BAISA: Any further discussion, Members? Seeing none, all those in favor say "aye".



NOES: NONE.



Thank you, Mr. White.

Mr. Clerk.



Madam Chair, proceeding with County Communications for referral. The following County Communications are recommended for referral to the following Committees as noted:

NO. 14-154 - SANANDA K. BAZ, BUDGET DIRECTOR, (dated June 13, 2014)

Transmitting a copy of the Department of Housing and Human Concerns' Affordable Housing Fund Annual Plan for Fiscal Year 2014 and the following proposed bills entitled:

1. "A BILL FOR AN ORDINANCE AMENDING APPENDIX A OF THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO PART II, SPECIAL PURPOSE REVENUES — SCHEDULE OF REVOLVING/SPECIAL FUNDS FOR FISCAL YEAR 2015, AFFORDABLE HOUSING FUND, NA HALE 0 MAUI KAHOMA PROJECT";

2. "A BILL FOR AN ORDINANCE AMENDING APPENDIX A OF THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO PART II, SPECIAL PURPOSE REVENUES — SCHEDULE OF REVOLVING/SPECIAL FUNDS FOR FISCAL YEAR 2015, AFFORDABLE HOUSING FUND, BUILDING HOUSES, BUILDING HOPE PROJECT"; and

3. "A BILL FOR AN ORDINANCE AMENDING APPENDIX A OF THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO PART II, SPECIAL PURPOSE REVENUES — SCHEDULE OF REVOLVING/SPECIAL FUNDS FOR FISCAL YEAR 2015, AFFORDABLE HOUSING FUND, KULAMALU AFFORDABLE HOUSING PROJECT".

The recommended action is that County Communication No. 14-154 be referred to the Budget and Finance Committee.



Transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING APPENDIX A OF THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO PART II, SPECIAL PURPOSE REVENUES — SCHEDULE OF REVOLVING/SPECIAL FUNDS FOR FISCAL YEAR 2015, AFFORDABLE HOUSING FUND, HALE LOKELANI OHANA PROJECT".



Transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO APPENDIX A, PART I, GRANT REVENUE — SCHEDULE OF GRANTS BY DEPARTMENTS AND PROGRAMS, DEPARTMENT OF HOUSING AND HUMAN CONCERNS (PRIVATE DONATIONS)".



Transmitting the following:

1. A proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO ESTIMATED REVENUES; COUNTYWIDE, GOVERNMENT FACILITIES, KEHALANI VILLAGE CENTER LAND ACQUISITION; TOTAL CAPITAL IMPROVEMENT PROJECT APPROPRIATIONS; AND TOTAL APPROPRIATIONS (OPERATING AND CAPITAL IMPROVEMENT PROJECTS)";


2. A proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. , BILL NO. (2014), RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI (KEHALANI VILLAGE CENTER LAND ACQUISITION)";

3. A proposed resolution entitled "APPROVING THE ACQUISITION OF 3 UNITS IN THE KEHALANI VILLAGE CENTER AT WAILUKU, MAUI, HAWAII AND THE DEDICATION OF 14.416 ACRES IN WAILUKU, MAUI, HAWAII";

4. A proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET FOR THE COUNTY OF MAUI AS IT PERTAINS TO ESTIMATED REVENUES; COUNTYWIDE, GOVERNMENT FACILITIES, MAUI BUSINESS PARK II LAND ACQUISITION; TOTAL CAPITAL IMPROVEMENT PROJECT APPROPRIATIONS; AND TOTAL APPROPRIATIONS (OPERATING AND CAPITAL IMPROVEMENT PROJECTS)";

5. A proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. , BILL NO. (2014), RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF MAUI (MAUI BUSINESS PARK II LAND ACQUISITION)"; and

6. A proposed resolution entitled "APPROVING THE ACQUISITION OF 7 LOTS IN THE MAUI BUSINESS PARK II AT KAHULUI, MAUI, HAWAII AND THE DEDICATION OF 35.55 ACRES IN PAIA, MAUI, HAWAII".


NO. 14-158 - MICHAEL P. VICTORINO, COUNCILMEMBER, (dated June 5, 2014)

Transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE TO AMEND CHAPTER 12.24A, MAUI COUNTY CODE, TO TRANSFER THE POSITION OF ARBORIST FROM THE DEPARTMENT OF PARKS AND RECREATION TO THE DEPARTMENT OF MANAGEMENT".

The recommended action is that County Communication No. 14-158 be referred to the Economic Development, Energy, Agriculture, and Recreation Committee.


NO. 14-159 - DON S. GUZMAN, COUNCILMEMBER, (dated June 6, 2014)

Relating to the Kanaha Beach Park renovations in Kahului.

The recommended action is that County Communication 14-159 be referred to the Economic Development, Energy, Agriculture, and Recreation Committee.

NO. 14-160 - JO-ANN T. RIDAO, DIRECTOR OF HOUSING AND HUMAN CONCERNS, (dated May 30, 2014)

Transmitting a proposed resolution entitled "AUTHORIZING THE GRANT OF A LEASE OF REAL PROPERTY TO MAUI YOUTH AND FAMILY SERVICES".

The recommended action is that County Communication 14-160 be referred to the Housing, Human Services, and Transportation Committee.

NO. 14-161 - WILLIAM SPENCE, PLANNING DIRECTOR, (dated May 29, 2014)

Relating to an application submitted by Lanai Resort, LLC, transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM URBAN RESERVE DISTRICT TO B-CT COUNTRY TOWN BUSINESS DISTRICT FOR PROPERTY SITUATED AT LANAI CITY, LANAI, HAWAII FOR THE PROPOSED OLD LANAI POLICE STATION/COURTHOUSE BUILDING", and related documents.

The recommended action is that County Communication 14-161 be referred to the Land Use Committee.

NO. 14-162 - WILLIAM SPENCE, PLANNING DIRECTOR, (dated June 2, 2014)

Relating to an application submitted by Xorin Balbes of Soulspace Ranch, LLC, transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM INTERIM DISTRICT TO P-1 PUBLIC/QUASI-PUBLIC DISTRICT FOR PROPERTY SITUATED AT 1813 BALDWIN AVENUE, TAX MAP KEY NO. (2) 2-5-004:007, MAKAWAO, MAUI, HAWAII", and related documents.

The recommended action is that County Communication 14-162 be referred to the Planning Committee.



Transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE HAWAI'l EMPLOYER-UNION HEALTH BENEFITS TRUST FUND, STATE OF HAWAII".

The recommended action is that County Communication 14-163 be referred to the Policy and Intergovernmental Affairs Committee.

NO. 14-164 - G. RIKI HOKAMA, COUNCILMEMBER, (dated June 10, 2014)

Transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE AMENDING CHAPTER 3.48, MAUI COUNTY CODE, RELATING TO THE COMPOSITION OF THE REAL PROPERTY TAX REVIEW BOARD".


NO. 14-165 - DON S. GUZMAN, COUNCILMEMBER, (dated June 10, 2014)

Transmitting a proposed resolution entitled "PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO ATTORNEYS WITHIN THE OFFICE OF COUNCIL SERVICES".


NO. 14-166 - DANNY A. MATEO, COUNTY CLERK, (dated June 13, 2014)

Transmitting a proposed ordinance entitled "A BILL PLACING A MORATORIUM ON THE CULTIVATION OF GENETICALLY ENGINEERED ORGANISMS" and the Certification of Results for the initiative and supplemental petitions.



NO. 14-167 - MICHAEL P. VICTORINO, COUNCILMEMBER, (dated June 6, 2014)

Transmitting a proposed bill entitled "A BILL FOR AN ORDINANCE RELATING TO ALLOCATION OF NEW SOURCES OF POTABLE COUNTY WATER".

The recommended action is that County Communication 14-167 be referred to the Water Resources Committee.

CHAIR BAISA: Thank you very much, Mr. Clerk. You're doing really good with a sore throat.

Members, any requests for consideration? Seeing none, we'll be referring as read by the Clerk.

Mr. Clerk.

DEPUTY COUNTY CLERK: Madam Chair, proceeding with unfinished business.

UNFINISHED BUSINESS

ORDINANCES

ORDINANCE NO. BILL NO. 38 (2014)

A BILL FOR AN ORDINANCE TO AMEND THE KIHEI-MAKENA COMMUNITY PLAN AND LAND USE MAP FROM AGRICULTURE TO

PUBLIC/QUASI-PUBLIC FOR PROPERTY SITUATED AT KIHEI, MAUI, HAWAII, TAX MAP KEY NUMBER (2) 2-2-002:081 (POR.),

FOR THE PROPOSED KIHEI HIGH SCHOOL

CHAIR BAISA: Vice-Chair Carroll.

VICE-CHAIR CARROLL: Thank you, Chair. Madam Chair, since, because Bills 38 and 39 (2014) relate to the same matter, I request that the Chair direct the Clerk to call up Bill 39 at this time.


CHAIR BAISA: Members, any objections?


CHAIR BAISA: Mr. Clerk, please.

ORDINANCE NO. BILL NO. 39 (2014)

A BILL FOR AN ORDINANCE TO CHANGE ZONING FROM AGRICULTURAL DISTRICT TO P-1 PUBLIC/QUASI-PUBLIC DISTRICT

(CONDITIONAL ZONING) FOR PROPERTY SITUATED AT KIHEI, MAUI, HAWAII, TAX MAP KEY NUMBER (2) 2-2-002:081,

FOR THE PROPOSED KIHEI HIGH SCHOOL

DEPUTY COUNTY CLERK: Relative to Bill 39 (2014), the Office of the County Clerk has received the recorded unilateral agreement from the Bureau of Conveyances.

CHAIR BAISA: Mr. Carroll.


I MOVE TO PASS BILLS 38 AND 39 (2014) ON SECOND AND FINAL READING.


SECOND.


Mr. Carroll.

VICE-CHAIR CARROLL: Thank you, Chair. On October 30, 2013, your Committee met to consider a proposed bill for a Community Plan Amendment from Agricultural to Public/Quasi-Public for approximately 29.175 acres, and a proposed bill for a Change in Zoning from Agricultural District to P-1 Public/Quasi-Public District for approximately 77.182 acres of State-owned property fronting Piilani Highway in Kihei.


These land use entitlements will facilitate the development of a new high school in Kihei. The site is located on undeveloped land mauka of Piilani Highway between Kulanihakoi Gulch and Waipuilani Gulch. The proposed high school will be operated by the State Department of Education and serve South Maui students in grades 9-12.

I would note Chair, that the date of May 14, 2014, has been inserted on the first page of the unilateral agreements we received from the State following consultation with a State Attorney General and the Department of Corporation Counsel. This reflects the date that Corporation Counsel approved the unilateral agreement.

As noted at the May 27, 2014 Council meeting, your Committee did not receive the executed unilateral agreements from the State that are needed to complete the proposed Change of Zoning bill until May 2014, which resulted in delays to these bills.

I ask the Council's full support on Bills 38 and 39. Thank you.


Mr. Couch.

COUNCILMEMBER COUCH: Thank you, Madam Chair. And I want to thank the Members for being patient with the State and everybody involved in getting this done. I really appreciate everybody's support. Want the Department of Education to remember that we're looking at getting the overpass or underpass and looking at some really good designs for underpasses. So, to keep that in mind and, and to move forward with this.

But, it's a, it's a great day for Kihei to get, what we call a traditional high school there. We already have Kihei High School and the Charter School is doing a bang up job. But, this will be a traditional, with all the, with all the fields and, and classrooms. So, really appreciate it. Mahalo.

CHAIR BAISA: Thank you, Mr. Couch.

Any, Mr. Hokama.

COUNCILMEMBER HOKAMA: Thank you. I am speaking in support of the motion, Madam Chairman. I would just like to, again for the record, state this Council's rightful concern regarding the pedestrian use of our youth for safe access to and from the school site.


I have increased my level of confidence, believe it or not, with the Department of Transportation. Because I appreciate the efforts of our Lieutenant Governor, Mr. Tsutsui in, in assisting in getting a new Transportation Director, Mr. Fuchigami who I have great confidence in his abilities from his previous professional career in the visitor industry and as well as the former deputy of our airports division. I believe this new director has the best interest of our residents and our students. And I look forward to having him work with our appropriate County departments to make the safety of our youth, getting to the new school, and getting home from the new school in a safe and efficient manner. Thank you.

CHAIR BAISA: Thank you, Mr. Hokama. I think all of us share your concern. And I think we made it very clear that this Council is very concerned about that and we'll be paying close attention.

Any further comments? Mr. White.

COUNCILMEMBER WHITE: Thank you, Madam Chair. I'd just like to ditto the comments by Mr.'s Couch and, and Hokama. It's, it's a great day for the people of Kihei to have a new high school with all the, the things that go along with that. Family time is really important, and the more time you spend traveling, the less time you have with your family. And I think it's great to have a, a school in their neighborhood.

CHAIR BAISA: Yes. Thank you, Mr. White.

Any further comments, Members? Seeing none, all those in favor say "aye".



NOES: NONE.



Mr. Clerk.

DEPUTY COUNTY CLERK: Madam Chair, there is no further business before the Council.


CHAIR BAISA: Members, the Chair would like to thank all of you for your long day here and for your attention, and for the due diligence that we exercise today. We have a lot of exciting meetings coming up as we can tell from the referrals to Committees; a lot of work to do. But, the Chair would like to thank you very much for your cooperation today and for getting a, through a heavy agenda.

I'd like to thank the staff. And I'd also like to thank the public who shared this day with us today. We appreciate your mana'o. And I want you to know that this Council does listen. And, this meeting without--

COUNCILMEMBER HOKAMA: Madam Chair, a point of information.

CHAIR BAISA: Yes, yes, Mr. Hokama.

COUNCILMEMBER HOKAMA: Thank you for your indulgence, Madam Chairman.

CHAIR BAISA: Sure.

COUNCILMEMBER HOKAMA: I, I would just like to inform the current Members currently in this meeting as well as I will be notifying our two colleagues not present, that myself and the, my Policy staff committee will be notifying you folks of the date of availabilities so that the Policy Committee can properly schedule and agendize the assignment that we have received by the residents through the petition. And so, I would, I just wanted to give you a heads up that we will be looking for dates that is workable for the community as well as the resource people and, and committee members. Thank you, Madam Chairman.

CHAIR BAISA: Thank you, Mr. Hokama. I have full trust in your ability to lead us in this difficult work ahead of us. Thank you.

COUNCILMEMBER COCHRAN: And, sorry, Chair.

CHAIR BAISA: Yes, Ms. Cochran.

COUNCILMEMBER COCHRAN: If you may allow me to chime in upon--

CHAIR BAISA: Sure.

COUNCILMEMBER COCHRAN: --comments of Mr. Hokama, being that we both have Mondays shared for Committee work. I'm more than willing to relinquish my


afternoons if need be to continue PIA into the afternoon hours. So, I, I'm more than happy to--


COUNCILMEMBER COCHRAN: --do that to address this, the, with the proposal that we have. Thank you.

CHAIR BAISA: Thank you very much. That is the hallmark of this Council that the Chair really appreciates, and that's the cooperative spirit that we have in getting things done. Chair really appreciates that and I know the public does too. Thank you very much.

Is there anything else that anybody wants to share before we end this long day? No further business, this meeting is adjourned.

ADJOURNMENT

The regular meeting of June 20, 2014 was adjourned by the Chair at 3:55 p.m.

ENNIS A. MATEO COUNTY CLERK COUNTY OF MAUI, ATE OF HAWAII

1 40620/Iks: jm

MINUTES COUNCIL OF THE COUNTY OF MAUI ROLL CALL

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