HomeMy WebLinkAboutREP PWIRC 056 11/03/2009 2008-2010
REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: November 3, 2009 Re: Comm No. 593/Reso 265-09
PLACE: Council Chambers
Ben Franklin Bldg, 2nd Floor
333 Kilauea Ave.
Hilo, Hawaii 96720
TIME: 1:48 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Communication 593 and Resolution 265-09, reports as follows:
Resolution 265-09, transmitted via Communication No. 593, from Council Member Pete
Hoffmann, dated October 19, 2009, urges the protection of Hawaii County's Home-Rule
Authority in all matters relating to Agricultural Policy.
There was a motion to amend with the contents of Communication 593.2, submitted by council
member Pete Hoffmann, dated October 28, 2009, which corrects the grammar of the fourth
Whereas clause by replacing the word "around" with "concerning." The motion was
unanimously approved.
There was also a motion to amend with the contents of Communication 593. 1, submitted by
council member Brenda Ford, dated November 2, 2009, which inserts after the existing fourth
Whereas clause two new whereas clauses further defining the nature of home rule as it pertains
to agriculture; and amends the Be It Finally Resolved to include more recipients throughout
Hawaii government. A verbal secondary motion was made from the floor to amend
Communication 593.1 to strike the phrase "without just cause" from the second added whereas,
was unanimously approved and thereafter 593.1. The motion to further amend Res. 265-09 with
the contents of Comm. 593. 1, as amended, was unanimously carried.
Council Member Kelly Greenwell said he is concerned about the language of this resolution
especially as it refers to Genetically Modified Organisms (GMO). He feels strongly that banning
all GMO's is counter to human survival and he would like to strike all references to GMO's from
the resolution.
Council Member Donald Ikeda made extensive comments regarding State Authority as the
language found in the fifth whereas of Resolution 265-09 is likely in conflict. He cited no less
than four different sections of the Hawaii Revised Statutes in his explanations. Mr. Ikeda stated
that in addition to potentially overstepping boundaries of authority, he also feels strongly the
County should not ban all GMO's.
PWIRC Rept. No. 56
PWIRC Rept. 56
Page 2
Council Member Pete Hoffmann reminded the Council that Hawaii State Bill 1226 asked the
State to not proscribe Agricultural Policy over the Counties.
A motion to suspend the Council Rules in order to make further verbal amendments was
unanimously approved.
A motion to amend the fifth Whereas clause by striking and replacing "right to administer" with
"the administration of' was unanimously approved.
Council member Brenda Ford made motion to amend the first Be It Resolved clause to change
the word "especially" to "including;" and finally there was a motion from Council Chair J
Yoshimoto to amend Communication 593.2 to change "This" to "this" in the second line of the
Whereas clause. These further amendments were also unanimously approved.
A motion to approve Resolutions 265-09, as amended, was unanimously approved.
Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose
and intent of Resolution 265-09, as amended to Draft 2, and recommends its adoption.
bdw
AYES NOES A&E EX Respectfully submitted,
ENRIQUES X
FORD x COMMITTEE ON PUBLIC WORKS AND
GREENWELL x INTERGOVERNMENTAL RELATIONS
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI x EN ES, CHAI
YAGONG X PWIRC REPjQ 108_5~6~
YOSHIMOTO X ADOPTED: N 1