Thursday, October 30, 2014

Musings: "Red Shirt" Repeal

Kauai Councilmen Mel Rapozo and Ross Kagawa will introduce a bill to repeal Ordinance 960 — the county's controversial pesticide/GMO regulatory law — at the first Council meeting after the election.

Proposed Bill 2562 calls for repealing the hotly contested law from the county code. It's scheduled for first reading on the Nov. 5 Council agenda, which was just posted this afternoon.

In their communication submitting the proposed bill, Ross and Mel thank the Council in advance for its "thoughtful discussion of the matter."

Though Ordinance 960 was overturned by a federal court order, the Council voted to appeal the decision in court. Meanwhile, the county is enjoined from implementing the law, which imposed buffer zone and restricted use pesticide disclosure requirements on four seed companies and Kauai Coffee.

Proposed Bill 2562 would wipe the law off the books, rendering the appeal process essentially moot. Because even if it was upheld on appeal, the law would no longer exist.

Mel and Ross, who scored first and second, respectively, in the primary are assured of re-election. The only question now is whether voters will give them a majority to ensure passage of their repeal bill.

Police Chief and Council candidate Darryl Perry, meanwhile, issued a silly press release warning parents to inspect trick or treat bags for “marijuana-laced candies.” Though Darryl did acknowledge “it's highly unlikely that a child on Kaua‘i will receive this candy,” KPD just couldn't resist “reminding residents that it is illegal to consume non-medicinal marijuana in Hawaii.”

Yes, Chief, we know. And we won't forget to inspect the candy apples for razor blades, either.

27 comments:

  1. Thank you Mel and Ross.

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  2. Here is the breakdown:

    1. Hooser and Bynum introduce bill 2491
    2. County Attorney rules that the bill is invalid
    3. Bill passes, against advice of County Attorney, because of Hooser, Bynum, Yukimura, Furfaro, Chock
    4. Mayor vetoes bill because of legal reasons
    5. Council overrides veto with Hooser, Bynum, Yukimura, Furfaro, Chock (AGAIN)
    6. Bill passes and gets challenged
    7. Supreme court rules that law is invalid

    Ordinance 960 needs to be repealed as it is invalid. Stop the madness already. Thank you Ross and Mel for being the only sensible ones on the Council.

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  3. While I support repeal of the failed law, why not wait until a new council is seated. Interested to see where JoAnn, Jay and Mason vote, but since it is after the election, it doesn't matter.

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  4. Ross voted to pass the bill and Mason wasn't on the Council when it passed. Ross did support the Mayor's veto and Mason voted to override it.

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  5. It would seem to be more prudent to wait until after the new Council is seated, when Mel will most assuredly be Chair and will have the four to five votes without question.

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  6. Ross and Mel---why? More chaos, more madness, more divide!!!!!!

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  7. Have these two men come up with something that will provide more protection for the westsiders (especially Waimea Valley), the kids in school, the hospitals? People can eat gmo foods, that's their choice, but we don't have hazmat protection clothing like the workers at the biotechs do. If the two men come up with a better plan, that will protect the citizens, i'm all for it! Otherwise, you two have the stinking nerve to do away with what little there could be! What have you two really done for the westside?! Allaz Pakalas!

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  8. What has 2491/960 done to protect Kauai? Nothing, because it was illegal and can't be implemented!

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  9. 12:50---maybe your points #1, #3 and #5 are because they care about the citizens and the aina---we have asked for help and they came with help. Thank you Hooser, Bynum Chock, Furfaro and Yukimura for hearing our heartfelt cries for help---isn''t that what our politicians are there for?! Yeah, you went against the big cooperations and won the hearts of the people who believe that pesticide use needs to be regulated for the best interest of Kauai County and its citizens. Ke Akua knows!!!

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  10. Joan, have they come to that conclusion---that it can't be implemented? I thought there is still a chance?!

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  11. 7:19 Why? A shitty bill needs to be flushed down the toilet, like Bynum, Hooser, Chock, Yukimura, and Furfaro, they all need to be flushed down the toilet on Tuesday. Stop passing shitty bills, then the madness ends grasshopper!!!

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  12. the only way it could be implemented is to prevail in the appeal process

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  13. And if it's been repealed, then it's possible all the legal maneuvering is moot. Perhaps the appeal is moot, as well.

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  14. So many assumptions without any facts. KING JAY is the Chair. He has SOLE DISCRETION to decide when and what items are placed on the agenda. The request to repeal came immediately after the decision from the federal court. King Jay purposely held off on placing it on the agenda so it could have been discussed at the same time the Council deliberated to appeal or not. People want to hold Gary responsible for everything but it's KING JAY who is the puppet master. Jay is trying to pit the top 2 vote-getters against the bottom 2, with the idea that he and his buddy JoAnn can slide in as "middle ground" candidates. Don't be deceived. Jay is the worst, lying hypocrite. He created this chaos and division amongst this island. He continues to be delusional. He professes at numerous forums--how great a leader he is and wants to continue as the Chair. Pathetic. Don't blame GARY. Gary is the scapegoat. GARY's not that smart. Jay & Joann are. They manipulate people over and over. Jay did this agenda item as a last ditch effort to save himself. VOTE NO TO JAY AND JOANN!

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  15. Except the letter submitting the bill to Jay is dated Oct 20.....

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  16. 7:37 What has Kubo or Ibara done with their class action lawsuit against Pioneer? Ala Pakala What has Hooser Bynum or Chock done? Cost the taxpayers $200,000 for what? Ala Pakala What have you done? Ala Pakala No get dumb, you are what you eat. Guarantee Mo Ono

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  17. Stop cluttering minds with facts. It screws up the narrative.

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  18. Joanne Yukimura and Nadine Nakamura are to blame for the whole 2491 mess. Instead of leaving the Bill alone, they tried to please both sides. They failed, miserably. If they left the Bill alone, it would have died, end of story. Instead here we are, blaming Tim, Gary, Mason, Jay, Ross, and Mel. Joanne and Nadine act like they are so high and mighty, on the contrary, they are weak idiots who failed the public when the public needed them the most. Joanne and Nadine are the reason Kauai is divided, because they were too weak when the fire was hot. True story.

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  19. It seems that the bill to repeal ordinance 960 was sent to the County Clerk and County Attourney on August 29th.

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  20. All the people who urged pass the bill that late nite/early morning are to blame, with their leaders bearing the most blame for achieving pre emption here and getting nothing to help the pesticide situation.
    Why urge pass the bill and now blame the council individuals who listened to you. It needed more time to make the needed changes, as both the county attorney and Mayor asked for.
    So many people demanding, a shame they didn't demand a better law to begin with before passing it.

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  21. 10/31-11:35 am--what Kubo, Ibara (which Ibara are you referring to?--one married to Nitta, another to Arquette, 4 brothers, uncles, aunties, cousins) and 150 other families are doing is trying to have a safer, healthier place for themselves, their children and the future generations to live in. Me, i am educating myself about this fiasco and trying my best to figure out why people don't work for the betterment of all life on this planet earth! Clean air, healthy environment, nutritious food--what we all deserve. I am not a politician and can't vote on bills---but now i guess i better get off the couch and really do something--thanks for asking me the question about what i'm doing! Aloha

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  22. The ordinance 960 is in the Appeallett Court. Expect it to be there for 2 to 3 years. When that is done expect the appeal to be in the Supreme Court for another 2 to 3 years. That is way to long. Repeal the bill, and work with the new Governor to get true tests done, water quality, air quality, drift quantity etc..... Stop the financial bleeding and get it done. But the bill as written and the appeal are destined for failure.

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  23. 5:06. Well if they suing good for them. Good luck. How and why should the county waste money on something they have no jurisdiction or expertise in? Passing bad bills only helps attorneys pockets and certain councilmember's egos. Get it? Probably not.:(. Happy Halloween anyway.

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  24. It is so funny to see Tim and Gary accuse Ross and Mel of playing dirty politics. It was they who manipulated the original 2491 vote by calling for a recess during the meeting when they realized they didn't have the votes. It was they who recruited Mason to their team, and made sure that he was appointed to the council before the final vote was taken. Remember, the council agreed and voted to take the 2491 vote with 6 members, not 7. When they didn't get their way, they changed the rules. Then they were able to reward Mason with the Vice-Chair position. Who plays the political games Tim and Gary? You both need to grow up.

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  25. A critical vote should be done with full council. Wether they chose Mason or Kipukai the outcome would have been the same. Nadine should have stayed on board to see this through since her amendments critically changed the bill.

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  26. all of the council members were in agreement that there was a problem. They differed in their approach. Gary and Tim wanted County regulation. Mel and Ross thought it was the State's responsibility. The others were unsure but felt pressured to do something. Mel and Ross are being consistent by trying to repeal the law. Why is that a dirty trick?

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  27. Gary Hooser is the most opportunistic politician currently on the ballot. He needs to just shut up instead of throwing stones at others.

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