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with was just, was there a way to take the existing law, allow the uses that were already there,
<br />because this law was originally passed in 2008, but take away the requirement for a drainage study,
<br />if you weren’t building new structures on the land that were going to add to the runoff. So that’s
<br />what the original genesis of looking at the bill was. And then over a period of, I think, about maybe
<br />two years I met with various large landowners like ranchers, and I also met with smaller farmers.
<br />There were meetings with the Mayor’s Agricultural Committee, as well as participating in some
<br />statewide conference calls with HATA and their affiliates. During the process, when I looked at it,
<br />I thought the problem, one of the problems that nobody had addressed was in fact that it was a
<br />one-size-fits-all legislation passed in 2008, because under the 2008 legislation it just says 30,000, it
<br />had no language about monthly counts or weekly counts or anything, it was just 30,000 a year; so it
<br />could mean that, and I thought that the problem with that is you could have 30,000 people show up
<br />in one month, which I thought was unlikely, but it just seemed like it didn’t have enough. I didn’t
<br />want to completely rewrite the legislation, so what I was looking at was, you know, how do you
<br />make it easier for the small guys but still have regulations for others. So I kind of did the Solomon
<br />approach; I cut the baby in half and I hit the 15,000, and then we did, you know, a count by the
<br />week. That was not what I was asked to do by the farmers; that was something that I thought we
<br />could tweak and would try to address some of the other concerns. The current bill cuts that down to
<br />5,000 per year -.
<br />
<br />DEFRANCO: Right. But, you know, who is counting? Who is out there counting this?
<br />
<br />LEITHEAD TODD: That’s, the problem with almost anything is that enforcement is difficult.
<br />Now, this is in response to a change in State Law. The State amended law to create agricultural
<br />tourism, and then we adopted a bill in 2008. This is an attempt to kind of tweak it. I think that, like
<br />anything, we are to a certain extent complaint-driven in terms of investigation, because I don’t have
<br />investigators that can go out on a regular basis. But this is also true of almost anything, you know,
<br />you’ve got a special use permit, I don’t go out and regularly check on you to see whether you are
<br />abiding by those conditions; it would depend on a neighbor complaining that you weren’t. So I
<br />don’t know that you get to perfect, but what is useful is, if you have specific concerns about the bill,
<br />is to recommend changes. Like Ms. Winn, who was here talking about notice, that to me is a
<br />positive recommendation that could be addressed. Because if you don’t do anything, then what you
<br />have is 30,000 without a distinction, and you have got some plan approval and you’ve got those
<br />other requirements. But I think what you have right now is a lot of under-the-table ag tourism going
<br />on that unless somebody complains about something, we are not going to hear about it. So just, if
<br />you have specific recommendations, that would go up.
<br />
<br />DEFRANCO: I had a, I had a question about what the other counties, you know, Maui and Kaua‘i,
<br />what are they doing about this? You said it came from the State and us sort of complying with the
<br />State thing. What are the other counties doing to deal with this?
<br />
<br />LEITHEAD TODD: The other counties have been waiting to see what we do with this. In all
<br />seriousness, this is what I’ve heard from -.
<br />
<br />DEFRANCO: We’d better do a good job.
<br />
<br />LEITHEAD TODD: The other planning directors is they were initially going to take the 2008
<br />ordinance that we had passed, and they were going to amend their codes to kind of copy what we
<br />had done. When they saw that we were going through process of amending it, they pulled back and
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<br />EXHIBIT B
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