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WOODWARD:Yes, sir. As always the devil is in the details. And as an attorney you
<br />must realize that unfortunately no matter where your feelings lie this law will not work. The
<br />reason for that is the definition. And apart from whether or not Hawaiian Home Lands is
<br />autonomous, thats one consideration. But the way the County Council has drafted their
<br />provision it says superstore means a business exceeding 90,000 gross square feet, number one;
<br />offering for sale more than 25,000 different stockkeeping units, number two; and dedicating
<br />more than 20,000 gross square feet of floor area to the sale of groceries. Well, to be a superstore
<br />you have to satisfy or violate, depending how you look at it, all of those three criteria. So if
<br />Target, K-Mart, Wal-Mart, Costco came in and wanted to build a 250,000 square foot building
<br />with 80,000 stockkeeping items but they only dedicated 19,000 square feet to groceries, theyre
<br />not a superstore. So thats the problem I have with this. And this is a question that
<br />Commissioner Siracusa brought up at the last meeting, the devil is in the details. The definition
<br />is such that anybody can get around it. So Im afraid, you know, that this is flawed legislation.
<br />AndregardlessofwhetherornottheDepartmentofHawaiianHomeLandsisautonomous,its
<br />bad law; and I dont see how it can work.
<br />LEE:Commissioner Woodward, I think your point is well taken. However, it is
<br />the responsibility of the County Council to draft appropriate definitions for a superstore and, you
<br />know, I think it is certainly within its authority to redraft the ordinance in such a manner that it
<br />can survive any legal challenge, whether its vague or what have you, whatever legal challenges
<br />are appropriate. But I think the primary responsibility of the Planning Commission is, as a
<br />matter of public policy, whether it believes superstores are appropriate in the County of Hawaii
<br />or not. And I think if you go back to the County Council with a clear message that at least as far
<br />as this Commission is concerned, superstores are not appropriate for the County of Hawaii, the
<br />Council and its legislative aids and Corporation Counsels office can draft the legislation in a
<br />manner that it will survive legal challenge. I mean it has been done on the mainland, they can
<br />borrow legislation from the other municipalities on the mainland that have been challenged and
<br />survived such challenges. So, yes, the devil is in the details; and I believe it is the Councils
<br />responsibility to fulfill the challenge of drafting a law that will survive any legal challenge, but it
<br />is this Commissions responsibility to determine as a matter of public policy whether superstores
<br />are appropriate or not. Thank you.
<br />WATANABE:Are there any questions for this testifier? Yes, Commissioner Siracusa.
<br />SIRACUSA:Yes, its my recollection that when I raised this question the last time
<br />Director Yuen pointed out that the figures given; and these criteria are really a lot less already
<br />than what we would normally expect on the mainland for a superstore. Am I remembering that
<br />correctly, Director Yuen?
<br />YUEN:I didnt come up myself with a number of stockkeeping units, so that part I
<br />cant verify. The sizes though, the 90,000 square feet is considerably less than the typical
<br />superstore. And although I partially agree with what Commissioner Woodward says in that yes,
<br />you can manipulate, a business can choose to manipulate one of these parameters and not be a
<br />superstore any anymore, it would wind up not being -. On the other hand, it would wind up not
<br />fitting the actual model of the Wal-Mart superstore any more. In other words, they would have
<br />to modify their typical business which is, you now, they have a stock kind of business that they
<br />put out and they would have to make a considerable modification to that in order not to be a
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