44
SENATOR DENNIS G. RODRIGUEZ, JR. March 28, 2016 Honorable Judith T. Won Pat, Ed.D. Speaker I Mina'Trentai Tres Na Liheslaturan Guahan 155 Hesler Place Hagatila, Gu am 969 IO ·"' 1 1 n, # ,( tr11vw J VIA: The Honorable R .' J.'Resplcio Chairperson, Committee on Rules RE: Committee Report- Bill No. 264-33(LSJ, as Substituted by Author. Dear Speaker Won Pat: Transmitted herewith, for your consideration, is the Committee Report on Bill 264-33 (LS), as Substituted by Author; An Act to .4me11d § 68602 and § 68605 of Article 6, Chapter 68, Division 2, Title 21, Guam Code Annotated, Relative to the Southern Development Master Plan; Sponsored by Senator Tommy A. Morrison, and refe1Ted to the Committee on Hcallh, Economic Development, Homeland Security and Senior Citizens. Bill No. 264-33iLS). as introduced, was pnblicly heard on March L 2016. Committee votes arc as follows: Scnscramente, /\,,...,. I vv TO PASS NOTTO PASS ABSTAIN TO REPORT OLT ONLY TO PLACE IN INACTIVE F1LE Senator Dennis G. Rodriguez, Jr. Chairman Attachments I _>fis/n,;r: T'r;,iU ( ,-ibl!ff J ,'t-f:ti:J' Trtnf:ti Tru ,\,',; (;-11,Jhar " I""(; Sereno ,\ VTfnte, Suitt- l ff!,'/ ;ununn1g. (;t;;1111 96 1 J,) ! Tdcphone: (J 71-(, 19-T( Jl)\ 1 (36 )8) / h<c'lmiic 671-6-FJ-1J:\20 J "-.:nail- scn;n()rdt1;drigt:.czii_:_gn1a1Lcorn / \Vww.t<1dugd:t:nu1n}

SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

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Page 1: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR.

March 28, 2016

Honorable Judith T. Won Pat, Ed.D. Speaker I Mina'Trentai Tres Na Liheslaturan Guahan 155 Hesler Place Hagatila, Gu am 969 IO ·"'

11 n, # ,( tr11vw J VIA: The Honorable R .' J.'Resplcio

Chairperson, Committee on Rules

RE: Committee Report- Bill No. 264-33(LSJ, as Substituted by Author.

Dear Speaker Won Pat:

Transmitted herewith, for your consideration, is the Committee Report on Bill 264-33 (LS), as Substituted by Author; An Act to .4me11d § 68602 and § 68605 of Article 6, Chapter 68, Division 2, Title 21, Guam Code Annotated, Relative to the Southern Development Master Plan; Sponsored by Senator Tommy A. Morrison, and refe1Ted to the Committee on Hcallh, Economic Development, Homeland Security and Senior Citizens. Bill No. 264-33iLS). as introduced, was pnblicly heard on March L 2016.

Committee votes arc as follows:

Scnscramente,

/\,,...,. I vv

TO PASS NOTTO PASS ABSTAIN TO REPORT OLT ONLY TO PLACE IN INACTIVE F1LE

Senator Dennis G. Rodriguez, Jr. Chairman

Attachments

I _>fis/n,;r: T'r;,iU ( ,-ibl!ff ~ J ,'t-f:ti:J' Trtnf:ti Tru ,\,',; (;-11,Jhar "

I""(; Sereno ,\ VTfnte, Suitt- l ff!,'/ ;ununn1g. (;t;;1111 961J,) ! Tdcphone: (J 71-(, 19-T( Jl)\ 1 (36 )8) / h<c'lmiic 671-6-FJ-1J:\20 J "-.:nail- scn;n()rdt1;drigt:.czii_:_gn1a1Lcorn / \Vww.t<1dugd:t:nu1n}

Page 2: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGl!EZ, JR. March 25. 2016

ME\10RANDU'v1

To:

'From:

Subject:

ALLM£MBERS Committt>e on Health, Economic Development, Homeland Security and Senior Citizens

Senator Dennis G. Rodriguez, Jr. Committee Chairperson

Committee Report on Bill No. 264-33!LS), as Substituted by Author.

Transmitted herewith, for your consideration. is the Committee Report on Bill 264-33 (LS}, as Substituted by Author; An Act to .4mend § 68602 and § 68605 of Article 6, Chapter 68, Division 2, Title 21, Guam Code Annotated, Relative to tbe Southern Development Master Plan; , Relative to the Southern Development Master Plan; Sponsored by Senator Tommy A. Morrison. This repor! includes the following:

• Commiuee Voting Sheet • Committee Report Narrative/Digest • Copy of Bill No. 264-33(LS) • Copy of Bill No. 264-33(LS), as Substituted • Public Hearing Sign-in Sheet • Copies of Submitted Testimony and Supporting Documents • Copy of COR Referral of Bill No. 26-l-33(LS) • Notices of Public Hearing (I" and 2°0

)

• Copy of the Public Hearing Agenda • Related News Articles (Public hearing publication of public notice)

Please take the appropriate action on the allached rnting sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concern.s, please do not hesitate lo contact me.

Si Yu 'os A·fo • dse '!

Attachments

Ch-..1ntun, (.ornnnil~'<' nn l lc1hh, Lrnndntic I forr~c!:1ntl & ~< nlnt ( :itvcn~ { /-lnn:m Tf!dH (,'KJJJJ • I _ \ f!JtrJ' 'fir!ff:Ji Trr-' _\-_; 1 ,,;/Nsh'lfHrar1 (,'ircl!un ~ 1 .;;~i_,,!,1t11:e

!~(J ScnJHl \venue, .'.'ui:~- 10:, T;;n1uninh, ( ;u;i;n <1()()3J ! 1 dcplKH1c 671 -(d'J-T( }l)L J:Hd8) ! F:lc--:itnilc: 6'1-6-19-0)10 E-1n:ul- -'«-TlJ\(•fcfrodrigucvir,gni:td:c<,1n \VW\\/ t;),J1_if~U:11:1.nl!n

Page 3: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR.

COMl\'llTTEE VOTING SllEET

Substitute Bill No. 264-~~3 (LSJ; An Act to .4mend § 68602 and § 68605 of Article 6, Chapter 68. Division 2, Tille 21, Guam Codt> Annotated, Relative to the Southern Development Master Plan.

SIGNATURE

Ii DE.N.NIS G: RODRIGUEZ, Jr.

Chairman ---+------!""'~---+---"--+··---+--~--!-----+----·---4

, V. ANTHONY ADA ~\!Jee Chairma_n __ _

i BENJA.c\UN .J.F. CRUZ

; RORY J. R_ESPICIQ__ t, I I '':~ '

II TINA ROS:I'~ M{jNA·BARNE.§__ I :;,~/ , THOMAS C. ADA _ _.,,,4'1 . .J.-L=·~~L...--~-Y:.'--rl··---+---·----+----··-··--t----·---------l

I FRANK B. AGUONdfL·>l:'<= ~~t-~f""-:__-~~~""-c.-tc----;;;f----+-----t-· ·---+- ·----·--4

i NERI§SA B. UND:f::.~W(!O~----i--i--'-""---····--------i--·····---+---···i-------+····-··------·-!i······-·---···' I FRANK F. BLAS. Jr. 1-------·· ---! THOMAS A. MORRISON

Brant T. ~cCreadle ; ____ .. ________ _

Ch:1Jn::J.n. ( :onunithT on l Icd:h. Eco0011ac Llncb1mw•'"· i lon1Cbnd 1~-,rfli (,'::am "' l Jl1v;' 'frof/,11 TrrJ _'\:.-1 Uh.:.•k;r,•mm

l ~6 St·rcnu \vcn11~-- :-:uitc Hl\ T:urn:ning. tlu:un ?6931 1--;K:>i111i!c r;-:; 649AiJ:20 I :-inaiL ~cruft 1ttlt'i•dt1,t(1<..·/·:d:gnu1Ln1fH J \\.,>.:\v.1i1dup:u;Hnxi ;!J>

Page 4: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR.

COMMITTEE REPORT DIGEST

Bill No. 264-33 (LSJ

I. OVERVIEW: The Committee on Health, Economic Development, Homeland Security and Senior Citizens conducted a public hearing on March 1, 2016. The hearing convened at 2pm in the I Liheslawran Gw1han Public Hearing Room. Among the items on the agenda was the consideration of Bill 264-33 (LS), as introduced; An Act to Amend § 68605 of Article 6, Chapter 68, and to Add a New § 68602.1 to Article 6, Chapter 68, Both of Division 2, Title 21, Guam Code Annotated, Relative to the Southern Development Master Plan; Sponsored by Senator Tommy A Morrison.

Public Notice Requirements Notices were disseminated via hand-dciiverylfax and/or email to all senator, and all main media broadcasting outlets on February 23. 2016 (5-day notice). and again on February 26, 2016 (48-hour notice

Senators Present

Senator Dennis G. Rodriguez, Jr. Senator Tommy Morrison Senator Frank Il. Aguon. Jr. Senator Mary Camacho Torres

Chairman Committee Member Cl1mmittee Member

The public hearing on agenda item Bill ~o. 264-33(LS) was convened at 2:05prn.

II. SU:MMARY OF TESTIMONY & DISCUSSION.

Senator Dennis G, Rodriguez. Jr.: Hafa Adai, good at!ernoon. The Committee nn Hcal!h, Economic Development, Homeland Security :md Senior Citizens convenes this Public Hearing, Public Hearing Notice.s were provided. First Notice was on Tuesday. February D. 2016 <ind Second Notice on Friday. February 26, 2016. For lhe record today b Tuesday. March I. 2016 and the lime now is 2:05p.m. The Committee will hear

and accept testimonies on Bill 264-.13 (LS).

(Bill 264-33 (LS) Title Read).

Before we go on I'd hke to recognize all our honorable mayors who are in the Pohlic Hearing Room today. Mayor Carol Tayama (Agat), Mayor Erne't Chargualaf fMerizo), Mayor Vicent Taitague (TalnfofoJ, Mayor

Ken Joe Ada (Ymrn) and to all of you for b0ing here. I also want lO recognize Senator Tommy .\fonison to

n1y left, Senator F·rank ;\guon. ir to tny right nnd Senator i\fary Torre'-', thank you very rnuch for j(iining us

thi' afternoon and !O the >taff, thank you for being here. We'll go ahead and ask Senator Morrison to give a Ciuifnl:ui. Cnnunittce 011 J-l-nihh. Fr•x11:in1K De•>efopmenLi lonid:111d

i :f!,;lr,;n Tlldu C'Ha!Jt " J -'im,1' Tuntdi Frr.r -~d l (,'u/1/;:1_11 ~

Page 5: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR. brief summary of the bill and then ask you who had signed up to testify to provide oral testimouy to come

forth as I call your name.

(Recognized Senator Tommy Morrison).

Senator Tommy A. Morrison: Thank you Mr. Chairman for the opportnnity to proYide an overview of Bill

No. 264-33 (LS). This measure proposes to get things moving with respect to Public Law 19-38 which called

for the creation of the Southern Development Master Plan, a blue print for growth in Southern Guam. With

the North and Central land use plan esrablished several years ago it is high time that a similar plan be worked

nn for our Southern communities. This plan was prepared by the ICF International with funding support hy the National Oceanic and Atmospheric Administration Ocean and Coastal Resource Management Grant,

adminis1,;red by the Bureau of Stat.s. And Plans. The co't for the Northern and Central land use plan was over

a hundred thonsand ($100,000) dollars. As r,·e publicly stated the ongoing debates surrounding the proposed

large scale projects in Agat and Yona highlight the importance in ensoriug that the economic expansion

throughout southern Guam is carried out based on a re,ponsible approach that is supported by residence and

s illage leaders. The Southern Development Master Plan must respect our environment and the needs and

desires of rt:sidence. Bring real and .mstainable opportunities to families so that raising their children in the

south can be an option once again, We need this plan to be upfront and also to the current business owners

and potential investors and also would complement what planners call the established characters of our

southern villages. Since learning of the proposed developments in Agat and Yona, a number of residences

have not only voiced their concerns. they've also asked that a comprehensive approach be applied as we

consider what kinds of economic activities should be embraced. The following arc examples of comments and

recommendations my office has received from the public on the imp011ance of the developing the Southern

Development Master Plan. These comments came in via email and also through social media

One comment was to set a floor height requirement of no more than five 15) stories for huHdings within two­

thousand (2000ft.) feet from any shoreline; Developers employers must have at least fitiy (50%) percent of

local hires; no qualifying certificates allowed; the disqualification of QCs will deter overdevelopment. Again

these are comments coming from the Public: new business owners looking to buy land should he given tax

hreaks tlf semething of the like to open their husines.< in an existing building so as to not destroy the land

further; include in the Bill a requirement to have a Southern Growth Board made of residence from the rnuth;

appointments by the Governor and the Legislature any proposed growth must be approved by this board;

encourage southern villages through the Mayors Municipal Planning Conncil to development their own

growth strategies plan; bring together the community residence to conduct some strategic planning and

provide them with ideas, options, funding smm:es, etc. L:nfortunately we wait for these things to happen as

we continue to pmh it back, why not be in the driver seat and we determine what our communities would

look like and to be like for generations to come and not the other way around; encourage our people and our

children to involved in the futnre of our communities by requesting to he part of a planning process

through our village Mayor/Planning Council; envision a nonprofit providing support in the planning process;

Perhaps we should form our own Smart Growth committee for our Southern Villages and map out our fmure.

The''' are just some notes that are coming in through social media and also through our email,. Mr. Chair I

also wanted to point om as I know the Dm"ctor of Bureau and Stats. and Plans and I are very aware of the

alarming data that has come out of the census in 20 JO that basically speaks to approximately four-thousand

ClYurrn:>n. I :on11nittc;.,• un 1 fc:ihh. ! ''.connr:11z l kHi< 'P"""'"· I I(1rnd:n1d ! :·fi1u;;m Tvdu (;tu!!fl .. 1 /\fip;/) n:t!!di Tr>J ,'VJ

)'"'(, Sercnu .\ vc11ite,", Suire lfl7. T;inluning, (~ui\::n 961)) ! "i ck:,hnnc. 6?1 -6-10---l{ >i)l' ! f i;ic:"1rrnJc: 67 !-(>+9--0520 F--rn:,il: / W\'-'\\<f1idugu,uTi.corn

Page 6: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGCEZ,JR. (4000) residence fr()m southern Guam that haw moved to Central. North or off-island and it's clear Mr. Chair

that we have to he acceptable to ma! opportunities in the developers and investors that are looking down south

and ensure how we could al.low our residence to work with these investors and dcwlopers and sec how we

can help to grO\V the comrnunities in the south and sustain these cornrnunities for our residence: to live in ttJelr

homes, Bill 264-33 (COR) seeks to put the Mayors in the driver seat and to also drive this Southern

Development Plan, again we know that we had some forward thinking in the 19"' legislature and they saw and

envisioned that the south would he an attractive invest and grow the communities and bring about economic

opportunities and leaders then felt that a South<'m Developmcm Master Plan had to done immediately, it's

twenty \20) years later ML Chair and I thank the Mayors for being here and I think GEDA, Land

Management and GVB, I spoke with GVB who will also he providing testimony and to ensure that we rt'ally

focus our effons and nor wait for another twenty (20) years ro get this plan done, I think it's high time that we

really move on this and get this task force mo> ing, I thank you Mr. Chairman for the opportunity.

Senator Dennis G. Rodriguez, Jr.: Thank yon very much Senator Monison. I will call on Mayor Tayama.

Mr. Wil Castro, Mr. Michael Borja. Mayor Taitague. Mr. Randy Sablan. Mr. David Chargulaf and that's it for now, we'll call the next set after this paneL (Recogui;rnd Mayor Carol Tayarna)

Mayor Caroi Tayama (Agat): (Read Written Tcstimllny),

Senator Dennis G, Rodriguez, Jr.: Thank 1ou very much Mayor Carol Tayama.

(Recoguiwd Mayor Ken Joe Adal

~layor Kenjoe Ada (Yona): Thank you Mr. Chairman. Senator Rodriguez, Senator Frank Aguon, Jr ..

Senator Tommy Mo1Tison, Thank you for the phone call this morning and my lovely St~nator Mary Camacho

Torres, I just wanted to express a couple of things because l' m in the middle of a lot of this and I believe that

this Bill is a wry good Bill because it's very concise and that's a beginning start. The way the law is written

right now is that the developer has to have a Public Hearing right and so in this Public Hearing that wanted to

apply for the height variance. Now, I finnl} believe thai the puhlic kind of feels left out prior to getting to that

and I believe that the contemporary issue is that there should he more l guess for lack of a better word, display

or discovery before reaching any of those hearings simply because peopk when thf'y hear the hearings they

<ire already applying for a height variance and that's for a lot of people they foe! that this is the first time they

are hearing that th1,re's going to he a development and so they get a little reactive and very passionate about it

aud l truly understand them so hut l feel that they feel also that they didn't have the amble time to understand

this and discover what it is hllppenmg until it reaches a point of cenainty when your applying for a height

wne varianGe, So I would like to sec somewhere in the laws or somewhere to be extended lo the people more

and this is a great start for that and there should be 1nore discovery in between the hearings. bet\vten the

developer and the community and not necessarily lean on the mayors or the municipal planning councils of

ce11ain villages because again like Mayor Carol Taymna (Agat) said a lot of people have different opinions on

it but what that sef\'cs is a really )!OOd outlet for people to kind of compost all of those things so that way it's

documented and you can move forward but this Bill I am very much in support of amt I want to thank yon

Senator Tommy Morrison and I think it's a very good start for srlllthcm Guam and this is the future of Guam

on the line and this is really asking and making the people of the Southern villages more aware number I and

CiLtl~f));:;n, r:nn:in;i~rn.· nn j Jullth, F (f_lHOf'.1K !),n.,dopn><c<H. I !nr:11J;Ht;J

I TOdu (;1t;1rJ1 ,. l JLtJ,/ Trt111<1i Trts !'"(; ~i:tt·i;u _-\\ ,-1rJ, , St.1~'.<: Hf\ I '"nuumg, \ :narn ()(l9J 1 i Td,'l'lvnw 6i 1--6-!9-T( )f)\ fr:(/:i8; / !<1c,;i111ilc: 6 :'J ~(1-FJ--0520

l-.-1thti! - \F\\,"\\'_fndugtU1Tl.{0Hi

Page 7: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGCEZ,JR. number 2 having that opportunity that some people foe! they wt•ren't amply given. So again reiterating what

Mayor Carol Tayama tAgatl said, thi' is a really good Bill for us to move forward.

Senator Dennis G. Rodriguez, Jr.: Thank you very much Mayor Ken Joe Ada (Yona). (Recognized Mayor Chargualaf)

Mayor Ernest Chargualaf (Merlzu): Thauk you Senator Good afternoon Senators, thank you for giving us

the opportunity to give our testimony here today. Senator Rodriguez, Senator Morri>on, Senator Torres,

Senator Aguon. My name is Ernest Charguaiaf and i'm the Mayor of Merizo, from the last testimony l had

\Va.;; to ernpovver the N1unicipa1 Planning C'ouncil n1embers it \:Vas just a n1erger and a marriage bet\veen the

Mayors and the Municipal Planning Council members. That's what we do with the members as it's tasked

now but it gives the Mayors more oversight along with the Municipal Planning Council members, that's what

we're here for and in my previous testimony I said that I hope the development is going to come and not pre­

determined already and then all these meetings that we're going to hold whether it be here or at the village

level, it's just a matter of formality following the basic steps of what needs to be done before something is

implemented. I hope it's not being implemented before it starts and behind the scenes this is one way to really

get the engagement of the village mayors and the l\1unicipal Planning Council hut I still think that some of

these questions I asked you like what Mayor Carol Tayarna (Agat) said, our residences as well. Granted that

the mayor and the Municipal Planning Council members may represent many of our villages but they don't

represent every one of them. We're going to have peAJple that agree mid disagree on what is being pbnned and

what is going to be developed and we can all rrgree to disagree, we're not all going to agree and we're aJI not

going to disagree bnt we can all agree to disagree thar \-Ve can co1ne to a con1mon purpose so that we respect and move forward in planned development but that's something that's already planned. Development that will

benefit the people because when you bring the commodities down we don't have to drive up Merizo and up to

Agana anymore so some of them say we build that here and it's going to affect but if it's planned and il

doesn't overburden the infrastructures it becomes a commodily availahility lo our people because we don't

have to drive up north \Vhere rnost of the conunoditlcs an~ at. So it brings convenience hut with convenience

comes a price to pay because you're going to affect the pristinenes.s of our island which is the South and being that \Ve·rc ~Iayors and resjdence us weiI we 1nay be \Vea.ring t\\'O (2) hats in the matter. In one hat. \Vt>, 'Want

our village to stay pristine as possible on the other hat we want development as well that would benefit the

other n:sidcnce that want convenience as well. So )OU can't please all the people every time and you can't

please all of th,:m that come before us but as Mayon, we have tn go and make the best decisions thal will

protect the interest of everyone's concern, maybe not all the residence but !he majority of the people in our

village whether they're newborn or the eldest but I totally a5Tee with this Bill. it just empowers the mayors in

the south to join together because there's power in numbers and whert you empower the Mayors with the

Municipal Planning Council and then you pur the people behind them. this is the Government of the People

by the people for the people. Let's not have the horse behrnd the carriage. pur the horse in front and let's move forward otherwise the horse is going to push the carriage the wrong way instead of pulling it the nght

way. I hnpc like I said when we move forward the plan developments are already planned not already in place

that there's place for formality of!he proce<S but as Mayors we need to protect the integrity of our villages as

well and as long as it doesn't overburden and misplace peopk and inconvenien.::e people, I'm all for

devclop1nent It's going to happe-n vihether l'rH the i\.1ayttr or not but progress and developrnent i::. inevitahie.

i'.k11rE1Jn, ( :,Hnrnini::c nn i h:Jhh, Ecunoo1JC Llr\·dopn1t'.flL Hr;nwbnd ( .'fiJ/!;;!H ToJu r;;fdlYJ • l JAfNi' Trn:lai Tru :\d j ibr.d4tNran (~if:fh:J!? •

1-0 s,,_n-nn _\\(lit\\ Suik 1(_!'7_ (fiiLU~ '1693! / T.;_•lq•hf)nc 6~1-6-t')-Tz)l)i 1

f<-rnail: ,;nutordnl,lrigw_·,<i(;.;;n1;:nl.ci1n1 - 'X\VW.Hlduy•xinl (:om

Page 8: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR. Ifs going to come but when it comes we need to really look at it whether we're gomg to hazardly put

everything in place and then pay later. No let's pay now and not regret later. Thank you.

Senator Dennis G. Rodriguez, Jr.: Thm1k you very much ~!ayor Ernest Chargualaf (Merizo).

(Recogni?ed Mr. \Vil Castro)

Mr. Wil Castro: So I'm laughing because (Spoken in Chamorro). Thank you Mr. Chairman for the

opportunities honorable Senators and distinguish policy makers. The intention here was to sit in support of the

Bill but since you've given me the distinct priviiege to share my thoughts I'll go ahead and read what [have

prepared. (Read written testimony. attached.)

Senator Dennis G. Rodriguez, Jr.: Thank you very much Mr. Castro.

(Recognized Mr. Michael Borja)

Mr. Michael Borja: Thank you Mr. Chairman, Senator Aguon, Senawr Morrison and Senator Torres. My

name is Mike Borja, the Director of the Department c>f Land Management. (Read Written Tc>timony).

I also just want to add that rm also the Executive Secretary of the Guam Land Use Commission and I just

wanted to point out on the couple of the projects that are ongoing that have been in the news lately such as the

Pago Bay Resort, the Agat Marina, those projects had already gone through the lengthily process for

obtaining clearances to begin the developments and in those aspects, alt the necessary vetting was done

through the Applkation Review CommiHee m1d also through notification by Public Notices for hearing,; that

were both established in the villages and by the Guam Land Cse Commission as well as the mandatory

requirements of contacting all residences within five-hundred (500ft.) feet of that project. Now the issue hem

is that those were decided on a long time ago. TI1ere' s also one very large development that was decided quite

a while ago and still hasn't taken place and that takes up an area where four (4) different mnnicipalities are

involved in and so in that specific case they had to hold four (4) St'parate village meetings and so the Guam

Land U,;e Commi%ion is doing its due-diligence in every dfor1 to screen and all these kind of activities :ire

ongoing and they· ve never been kept from the public at a!L Now in the case of Pago Bay Resort. that was all

already clearly an approwd project, the issue here before the residence is that the developer decided to make

an alteration w thdr plans and increase the size of a building and that's why they had to go through a height

variimcc request. So the Guam Land Use Commission has taken a sery active role in this. we also had

recently legislation that was passed and enacted into law which again expects the Mayors to be part of the

Application Review Committee in and indirect way it stated that but what we had done was we included the

Mayors Council of Guam and the respective Mayors of a particular village to participate in a formal ""Y· We

had always been induding them as pmt of the review process by expecting to receive a resolution either for or

against the project from their Municipal Planning Council and that's a very important thing and that's why we do hold the.'c hearings at the villages and now with a pending passed Bill waiting for the Governor's action,

this one lasted for two (2) separate hearings in a village level to be hdd by thcc Mayors and so there is effom for the public to be alway> notified and to be informed by thv'se kinds of projects and again it's in the interest

of everyone. whether iCs a government land owner or definitely the private land owner to try and use their

propertle~ to the hest and highest u~c that they feel is necessary as vveli and 1 speak in this respect because

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Page 9: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR. that's the action that we have to take when we're trying to look at people who are trying to u'e the properties

that they have and personally own but we also expect them to understand that the needs and the desires of the

existing con1munity n1etnbcrs surrounding that project are also very important and in the pn:-.t, there has been

some great compromi.'es and one very recently was where a resident in a pretty nice neighborhood on Guam

wanted to rezone his property from RI to R2. He had significant opposition from the re>idence of that

community and postponed his hearings of a number of times with the Guam Land Use Commission so he

could meet with these residence in different fonns. especially along with the Mayor with that respective

village and in the end they came to a compromise and the compromise that was acceptable parties and the

commissioners were able then to pa.ss that zone change. So there is a lot of work that's done and it is the

expectation from the Guam Land Use Commission that the developer always have to work and understand

what the community's needs are, however in this long range and large plan,! mean l believe this law that's in the books asked for this project to be re-examined every twenty (20) years and if this project, the original

Southern Development Master Plan had been completed when the law was first created almost nventy-cight

(28) years ago, we would have been at that point where we would be re-examining the plan again to

determine if it fits to today's picture of what we think should he necessary in the Southern part of Guam. We

do stand ready to assist in this ta,k force when it does happen again.

Senator Dennis G. Rodriguez, Jr.: Thank you very much.

(Recognized Senator Tommy A. Morrison)

Senator Tommy A. Morrison: Thank you Mr. Chair and I thank you all for your testimony, Mayors and

Director Castro and Mr. Borja, thank you for your comments. I wanted to ensure that with 2 l 8 that the

mayors had a process, I understand the Land Use Commission process and the public hearings and it's really

extensive in reaching out into our community and getting their input, I believe the Mayors with 218 would

ensure fhat they could also facilitate their meetings regardless if they were not directly impacted jurisdiction.

However, it those adjacent to also facilitate their meetings and discussions and how they would proceed

to inform the Land lJse Commission of their sentiments. You brought up the i;,sue of the cost and that's why I

mentioned in my testimony. prior Land Use plans that were developed by the Bureau of Statistics and Plans,

by the !CF cooperation and administered and derived by the coastal resource management, BSP and Mr.

Castro \Vas here and I hope \\<'e maybe can son1e state1nents or s~)1nething on record that Jnaybe knO\\'ing

that this process and how it was facilitated before carried out and funded by BSP that this could also be a

wrillen into the grants going forward that knowing what we're attempting ttJ do here, is it possible that we can

something from the BSP.

Mr. Wil Castro: So to an.swer your que,tion Senator, the short answer is, yes. It's timely as the Bureau is working in close collaboration with the Office of the Governor as yon all know on the Imagine Guam

lni!iative, which h a fifly (50) year outlook. We just completed the second Imagine Guam Convention last

Friday and from that vi.sioning process which we hope will conclmle in the second or third week of March,

will come these eight (8) master plans. It's a loose number but anywhere between six t61 and eight (8)

whatever it i> that we can identify funding resources for. l.n 1hat context I think the timing couldn't be better,

it is possible to utilize coa'1al and/or coral moneys to bring this Southern Development Master Plan into

frnition and you have my commitment to hring it !o the tahle with the planning staff to see what's possible

and I' II get back to you on that, so ab.,olutely.

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Page 10: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR.

Senator Tommy A. Morri;on: Thank you Director. Last question ML ChaiL Mr. Borja, wilh this proposed

projects which I'm glad you brought up for the record because that's been tossed around and with these

proposed large scale projects down in the Southern community, particularly in Agal that these jurisdictions

have been already zonc:d and gone through its process, you stated that because that was done many decades

ago given 1he fact that to an understanding the Land patterns have changed in the last twenty-eight (20) years

and seeing some residential taking a place around these areas is there a process in place that will require the

commission to re look at these issues understanding what was proposed in that area and looking at what land

patterns change in the community as fm· as residential community and also other commercial activity that has

not been developed.

Mr. Michael Borja: There's a whole other level where they wanted to execute the development. They'd still

would have to go through a building permit process and again the same people that participate in the

application review will be the paiticipants who approve a building permit. So for example if they had issues

with water nO\\: that tht·re nlay be \Vastc \Vatcr issues rnaybe different hecause the conu11unity's size has

changed then of course there's going to be new additions to the conditions and requirements set upon them

\\"hen they get to that process, They canit con1e in and ax;sun1e that the conditions that they got approved on

the conditions they have today. That happens the same in Tumon. when you hav,, these kinds of projects that

are approved but hecause of monitory issues from the company they have to postpone the developmt•nt for a

period of time. When they get back into it the power may not he available so they then have to find alternate

means of hooking up a powcr from other sourees that were not, well they couldn't use tk existing sources

that they thought they could use, so it's a difference in the money, they're going to have to spend on that if it means building something new and so those are the issues that would definitely come into play becanse the

conditions that they decide to build on are no in the same wnditions, they are when they first went through

the approval process for their plans. Does the Land Use Commisswn have any ability to put a stop to it'? Not

necessarily, They do have a review process on some of these other plans that were set as a condition and

that's whar they do now a days, they put conditions on some of these individnals to come back again at a

penod of time to explain what they're doing especially if they haven't begun the process because they're

giving them time !imitations so that they're not getting an approval to do something '1!1d then twenty (20) to

thirty (30J years later they finally come back to do it.

Senator Tommy A, Morrison: Thank you Director.

Senator Dennis G. Rodriguez, Jr.: Thank you Senator Morrison.

(Recognized Senator Mary Camacho Toffes)

Senator Mary Camacho Torres: Si yu'os Ma'ase Mr. Chair. Many of the mayors spoke about wanting to be

Involved and you're very convinceJ that you want to he involved in the planning process of deveiopn1cnt

itself and I was wondering. Whar type of development do you believe the mayors should be involved in the

planning'' What type of development should be included in the planning'> Jnst in your opinion, some

development, all development'' Devdopment of a certain size?

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Page 11: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR. Mayor Carol Tayama (Agat): Senawr, [think anything that would impact the community. Like !he howl that's coming up.

Senator Mary Camacho Torres: What about residential deYelopment0 Is that sornt:thing that also will ho required (Inaudible)?

Mayor Carol Tayama (Agat): Yes we are also involved in that.

Senator Mary Camacho Torres: Okay, because one of the things that I noticed. I live the somh a' well, I live in Santa Rita in the Talisai area and l don't know if you've noticed but ! was very hurt when l nNieed

what is a beautiful pristine mountain-scape in southern Guam, [ believe in the Cross-island area was leveled

by I believe a housing development and (Speaking in Chamono). For me it was (Spoke in Chamorro) that it

was done.

Mayor Carol Tayama tAgat): I think those are the things that we're saving. I'm st'!TY rut I don't know

anything abol!l that and if that's in the Santa Rita area. They need to let ti> know.

Senator Mary Camacho Torres: And that's wl1y I ask became when you think about development and just

to be fair, people acquire property, lawfully and they spend money and they go through the proper channels to

acquire property. what l don't want is to see a situation where people that are entitled either through proper

zone variances are not afforded the opportunity to develop the way that they're entitled to and wc don't wam

to get mto a situation where, I don't like this and l don't like that. Because then it's too subjective but the

reason l asked about development is because I also know that there are many f<'>idential uses within the

villages that perhaps require some level of standard also, >tandard for safety, standard for nuance issues for

neighbors, that sort of thing.

Mayor Carol Tayama (Agat): And the infrastrw::ture.

Senator Marr Camacho Torres: Y cs and the infrn-;tructure.

Mayor Carol Tayama (Agat): ft's very important. They've been building homes and they're not looking at

what's avallahle and now that we're running short on \Vater in that area, that's very l1nportant.

Senator Mary Camacho Torres: I just want to be clear because you talk about wanting to have a say and

make sure that you're considerations arc taken into account but I was just thinking that we don't ever want w be in a situation. It's good that we have plan growth and it's good that we understand the balance we need.

But I'm also worried about this while we're looking at the guy with the deep pockets that we're overlooking

!he rest of us ordinary folk> that maybe we should have some regulations as well in tem1s of what we put up

and develop, I'rn p:utic-ularJy concerncJ about the topography because there's s.ornelhing charn1ing and

ideally about living in the south and for me it was the view. Where I can have that beautiful mouintain ranges

a11d right now I look behind my l10u.se and (Spoke in Chamorro).

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Page 12: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR. :\fayor Carol Tayama (Agat): You could've called your mayor and asked him so that you know what's

going on. (Spoke in Chamorro)

Senator Mary Camacho Torres: (Spoke in Chamorro)

Mayor Carol Tayarna (Agat): Maybe the mayor didn't even know. Those are the thmgs that "'e'rn saying. If we conld he informed and then have public meetings so that you can express what you're saying nmv, those

are the things that are very important

Senator Mary Camacho Torres: Blll I think that [ would definitely suppm1ive if we had an open mind to

what is fair and lawful for everybody in the community, not just the om" that want to come and put business

then of cmme we're looking at retail business. the mom and pop stores, the grocery stores, the shopping

centers, the hotels and even the neighborhood;;. If you're going w develop neighborhoods, things like thaL

Okay I just wanted to be .:!ear.

Mayor Carol Tayama (Agat): You're right we want to keep the south pristine, we want to keep where we

can enjoy the brecz.e and enjoy the view, That's what we want to do.

Senator Mary Camacho Torres: And be abk' to grow our bananas and not have them stolen before you can

even harvest it. Okay, si yn'os rna'ase.

Senator Dennis G. Rodriguez, Jr.: Thank you very much Senator Tom~s. Thank you very much to this

panel. (Recognized Mayor Tait.ague and David Chargualaf to speak).

Mayor Vicente Taitague (Talofofo): Good afternoon everybody. I am Mayor Taitague from Talafofo, abi

known as God's country. For the record Mr. Chairman, I am in support of the intent of Bill No. 264-33 (LS)

to help facilitate the movement of Public Law 19-38. Investors are interested in developing Southern Guarn

bnt they're in aware of potential condition onr cunstituent set forth. We need the completion of a master plan

for the south so that the task forces can advise potential developers the do's and the don'ts. I wonld like to

make one change on this bill on the task force membership, f wonder if you could add also the Vice-Mayor'

as the task force member>, Mayors and Vice-Mayors for the village. l was wondering if that's po"ible. And

!hat's recommendation and I hope that it includes the Vice-Mayors on this process, Thank you.

Senator Dennis G. Rodriguez, Jr.: Thank you very much Mayor.

(Recognized ML David Chargualaf)

Mr. David Chargualaf: Good afternoon honmablc chairman and our distinguished Senators, Senator Aguon,

Senator Morri><m and Senator Camacho. My name is Dinid Chargualaf, I'm a resident of Inarajan and al'o a

candidate for i\fayor m this year's election and I'm here in support of Bill 264. For m;: as a young member of

the community I'm really glad and happy that you're giving us an opportunity to sit on the table and make our

voices recognized and although right now I don't represent the whole village of lnarajan and hopefully l

intend to do so and I think that it's very inlf!l)ftant that a:. elected leaders to represent uur YiHage and really

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Page 13: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR. address our concerns because it'> not just for our fu!ure put the future of our children as well and rm really

happy that you're allowing us the opportunity to do so. Thank you very much.

Senator Dennis G. Rodrignez, Jr.: Thank you very much.

(Recognized Senator Tommy A. Morrison)

Senator Tommy A. Morrison: Thank you Mr. Chair. again I appreciate everyone's input today and I know

\:vt-'re continuously receiving testl'rnony and input on how \Vt: can 1nake thls proce;.;s tnove along. I thank lhe

chairman and the community for efforts on putting this forward. I will stick w my commitment and make sure

that he is a crMponsor as long as Senator Torres in this and I'll make >ure !hat I'm reminded to start off my

deliberation in that. Bur l also wanted ptlint to some of the statements that were mentioned up here and I

know we· re talking about the makeup of task force but what's also built into Public Law 19-38 and the

guidelines that arc very important aside frotn hearing of these large scale projects or medium size scale

projects or all these types r1f plans that are being talked about. What's really important here and when you

look at Public 19-38 is the guidelines to this whole make up of developing a plan and inclmfos the following

area,.:;: lnfrasrructure including electricity 1 water, se\vagl-::. roads, con1munication, touristn, population

enhancement, comn1erciaf development. industry, zoning, archeologica] preservation, ecologi ... ~aJ protection

and agriculture. So there's a whole list of things that we an: factoring in aside from just lookiug at the overall

development of these areas of hotels, we're talking about things tha! J guess that would make headlines but

importantly. it's selling up the infrastructure in these areas for growth for our communities to sustain

themselves down and these areas if they decide to develop in the future .sol just wanted point out some of the

a.'pects or clements of this Public Law. Again, there was a lot of forward thinking, it's my hope through this

task force and working with the committee chairman that we can really drive the discussion and move it forward and again even like you stated here, future leaders or our children that would know that we put a plan

in place for growth in these communities down south and that we can all look to a plan that's acceptable and

to guide policy makers, decision makers in that and developer.s and those that are looking to grow thc>e

co1n1nunittes. So that is truly iny intt:nt here and il \ ~ con~istent v.'ith the intent of again our for\vard thinking

leaders and I want to keep it within tha1 framework. So again thank you for the opportunity Mr. Chair.

Senator Dennis G. Rodriguez, Jr.: Thank you very much Senator Monison. We'll work with the sponsor

and also with the testimony that we received. I think that we rec,;ivcd very good testimony from the mayors

and also from the general public, we'll keep the record open for a fow more days and then from there put the

committee report together and report it out as soon as we could, This adjourns this Public Hearing.

AdJourned at 2:53pm (Senator did not state the time).

Fiscal Note: Waiver attached, dated March 4. 2016.

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Page 14: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR.

III. FINDINGS AND RECOMMEND A TIO NS

At the request of the Author, Senator Thomas A ;\;lorrison, Bill No. 264-33 (LS) was substituted with the version provided by the Author. The Title of Bill No. 264-33 (LS), as substituted by Author, reflects changes in Bill No. 264-33 (LS), which now reads:

"An Act to Amend§ 68602 and § 68605 of Article 6, Chapter 68, Division 2, Title 21, Guam Code Annotated, Relative to the Southern Development Master Plan.''

The Committee on Health, Economic Development, Homeland Security and Senior Citizens. hereby

reports out nm No. 264-33(LSJ, as Substituted by Author, with the recommendation to ~

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Page 15: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

I llf!NA'TRENTAI TRES NA LIHESLATURAN GU.4llAN 2016 (SECOND) Regular Session

( ., Bill No. '2&4 -11 \LS/ < .

Introduced by: T.A. tvforrisonµ_ V.A.Ada T.R. Muna-Barnes R.J. Respici9"v'". . // · F.B. Aguon, Jr~-B.T. ivfcCreadie1~ F.F. Blas, Jr.1i "

AN ACT TO A1Hl:Il\!D § 68605 OF ARTICL .. : 6, CHAPTER 68, AND TO ADD A NEW § 68602.t TO ARTICLE 6, CHAPTER 68, BOTH OF DIVISION 2, TITLE 21, GUAl\1 CODE ANNOTATED, RELATIVE TO THE SOUTHERN DEVELOPl\1ENT l\IASTER PLAN.

BE IT ENACTED BY THE PEOPLE OF GUAl\I:

2 Section I. § 68605 of Article 6, Chapter 68, Division 2, Title 21, Guam

3 Code Annotated, is hereby amended, to read:

4 "§ 68605. Task Force l\1cmbership.

5 Mayors from the Villages specified in § 6860 I of this Article shat!

6 serve as members of the Task Force and shed! select. from among the groug

7 of mayors, the individual who ~Director of the Bureal:l of Statistics-anti

8 fl.1-aru; shall serve as the Chairperson of the Task Force. In addition, the Task

9 Force will include the Dircct~lU}f the Bureau of Statistics <111gJ:'l{!Jiti'.J3SP'.1

I 0 the Director of the Department of Land Management ('DLM'), the

1 l Administrator of the Guam Environmental Protection Agency ('GEPA'), the

Page 16: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Administrator of the Guam Economic Development and Commerce

2 Authority ('GEDA'), the General Manager of the Guam Visitors Bureau

3 ('GVB'), aH MayoFB from the Villages specified in § €18601, hereinabo¥e; a

4 representative of the Chamber of Commerce and a member of the public at·

5 large to be chosen by I lv!aga 'lahen Gu(than.

6 The Chamber of Commerce may, however, decline to participate in

7 this Task Force. Each Director or Administrator may appoint a permanent

8 representative from that person's office to attend meetings in that person's

9 stead; provided, however, that the Director or Administrator shall bear

I 0 ultimate responsibility for the actions of such representative."

I l

12 Section 2. A new § 68602.1 is hereby added to Article 6, Chapter 68,

I 3 Division 2, Title 21. Guam Code Annotated, to read:

14 "§ 68602.1. Cost-Sharing and Use of Federal Grants Authorized.

i 5 Nothing in this Article shall prohibit the Task Force from ;,haring the

16 costs associated with the development of the Southern Development !\.1aster

17 Plan with entities of the government of Guam, the U.S. Military, or the U.S.

l 8 federal government.

l 9 The Task Force shall also consider pursuing federal grants that mav

20 be avaiiable to suppo1t the completion of the Southern Development Master

21 Plan. and that are consistent with the provisions of this Article."

22

23 Section 3. Severability. ff any provision of this Act or the application to

24 any person or circumstance is found to be invalid or contrary to !aw, such

25 invalidity shall not affect other provisions or applications of this Act which can he

26 given etfoct without the invalid provision or application, and to this end the

27 provisions of this Act are severable.

Page 17: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

l 1'-flNA 'TRENT Al TRES NA LlHESL4 TURAN GUtiHAN 2016 (SECOND) Regular Session

Bill No. 264-33 (LS), as Substituted by Author

Introduced by: T.A. ivtnrrison V.A. Ada

T.R. !V1ufla-Bames RJ. Respicio

F.B. Aguon, Jr. B.T. McCreadie

F.F. Blas. Jr.

AN ACT TO A1WEND § 68602 AND § 68605 OF ARTICLE 6, CHAPTER 68, DIVISION 2, TITLE 21, GUAl\'I CODE ANNOTATED, RELATIVE TO THE SOLTHERN DEVELOPl\lENT 1\t1ASTER PLAN.

BE IT ENACTED BY THE PEOPLE OF GUA1\t1:

2 Section L § 68602 of Article 6. Chapter 68, Division 2, Title 21, Guam

3 Code Annotated. is hereby amended, to read:

4 "§ 68602. Funding; Reports & Budgets Requests.

5 TI1e Task Force shall develop ,;um of Three HuHdred Thow;and

6 Dollar:. (~300,000.00J is designate(~ a budget for the Task Force work,

7 which shall be forwarded to l Maga 'lilhen Cua/um. and I Liheslaturan

8 Gual!an for consideration. The Director Bureau of Budget and 11.~ana.gement

9 Research (hereinafter BBMR) :;hall be responsible for- providing the Ta~;I>

I 0 Force 111ith the necer.sary funds to accmnplish its work. The Director of

l l BBf>,4R shall w;e first the following sourceo; of existing appropriatiom;: (a)

J 2 a.nreiH:Hing appropriations in the budget of Bureau of Planning which may

13 ae. u;;ed for the kind of 'Nork with which the Ta:1k Foree is charged; to -be

Page 18: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

:mpplemented. if nece:;:;ary by (b) fund:J from the General Fund appropriated

2 pursuant to thi:; !iection, '<vhich are hereby appmpri.ated. The appropriation

3 from the General Fund shall not, at any event. eRceed the sufn of Three

4 Hundred Thousand Dollars ($300,000.00). The Task Force shall also

5 consider pursuing federal grants th;!t mq.r.,he available to support the

6 completion of the Southern Development !\;laster Plan, and that arc

7 consistent with the provisions of this Article. Nothing in this A1ticle shall

8 prohibit the Task Force from sharing the costs associated with the

9 development of the Southern Development Master Plan with entities of the

10 government of Guam. the U.S. f\11ilitarv. or the U.S. federal govenunent.

l I The Chairperson of the Task Force shall be responsible for developing

12 a set of written guidelines to control the expenditure of said budget. A

13 report, detailing expenditure, shall he appended to the final Southern l'vfaster

14 plan of the Task Force. Said report shall be audited and approved by the

15 Bureau of Budget and Management Research. '.\'o later than thre~_ (3)

l 6 months following the enactment of t]1is Act, the Task Force shall submit,

17 together with the budget required herein. a preliminary Action Plan ~hat

18 must include, but not be limited to. a project schedule and the identification

19 of funding options, if anv. A _Status Report summarizing the actions of the

20 Task Force shall he submitted w I Afaga 'ldhen Guclhan and 1 Liheslaturan

21 Gudhan everv three (3) months following the submission of the preliminary

22 Action Plan and proposed budget, until such time the $outhern Development

23 Master Plan is submitted to I Liheslaturan Guclhan pursuant to ~ 68604 of

24 this Attiele. In Ike event that !he final Maslt!r plan is nol produced within

25 nix (6) months following enactment of this Law, an interim report shaJl .. fie

26 produced at the end of :;aid ~•ix month period, and every six month period

27 thereafter, Such interim report·; shllll ~-fie-audited and approved by the

2

Page 19: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Bureau of Budget and r.·tanagement Research. and appended to the final

2 Srn:tthcrn r.•fastcr plan of the Ta:;k Force."

3

4 Section 2. § 68605 of Atticle 6, Chapter 68. Division 2, Title 21. Guam

5 Code Annotated. is hereby amended. to read:

6 "§ 68605. Task Force ,\1embership.

7 l\1ayors from the villages specified in § 68601 of this Article shall

8 serve as members of the Task Force and shall select, from among the group

9 of mayors. the individual who The Director of the Bareau of Statbties cmd

10 Jl.i.afr; s/1all serve as the Chairperson of the Task Force. In addition, the Task

l l Force will include the Director of the Bureau of Statistics and Plans ('BSP'.1.

l 2 the Director of the Department of Land l'vfanagement ( "DLl'vr J. the

J 3 Administrator of the Guam Environmental Protection Agency ( 'GEPA · ). the

l 4 Administrator of the Guam Economic Development ftfl4- Commerue

15 Authority ('UEDA'), the General Manager of the Guam Visitors Bureau

16 ('GVB'), all Mayors from tJie Villages specified in§ 68601, hereinabove. a

17 representative of the Chamber of Commerce and a member of the public at-

18 large to bi:c chosen by I i\1aga 'fallen Guahan. Moreover, I lvfaga 'lahen

19 Guclhan may appoint additional individuals from the public-at-large to serve

20 as comrnuni!Jl .. advisors to the Task Force.

2 l The Chamber of Commerce may, however. decline to participate in

22 this Task Force. Each Director or Administrator may appoint a permanent

23 representative from that person's office to attend meetings in that person· s

stead; provided, however, that the Director or Administrator ;,hall bear

25 ultimate responsibility for the actions of such representative."

26

Page 20: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Section 3. Severability. {f any provision of this Act or the application to

2 any person or circumstance is found to be invalid or contrary to law, such

3 invalidity shall not affect other provisions or applications of this Act that can be

4 given effect without the invalid provision or application. and to this end the

5 provisions of this Act are severable.

4

Page 21: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

I

SEN AT 0 R DENN IS G. R 0 DR I GUE Z, Jr., Chairman COMl'vUl~rEE ON HEALTH, ECONOMIC DEVELOPMENT, HO?v1ELAND SECURITY & SENIOR CITIZENS l\1ina 'trentai 1res Na Liheslaturan Guclhan • 33"1Guam

PUBLIC HEARING DATE I Tuesday, March 1, 2016 2:00pm •Bill 264-33 (LS) - Introduced by Sen. Tommy Morrison IV. A. Ada IT. R. Mufia Barnes I R.J. Respicio I F.B. Aguon, Jr. B.T. l\lcCrcadie I F.F. Blas, Jr. An act to amend§ 68605 ofaiticle 6. chapter 68, and to add a ne\v § 68602.1 to aiticle 6, chapter 68. both of division 2, title 21, Guam Code Air .~ • rl relative to the Southern D . _'.vtrn ,vm Master Plan.

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Page 22: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

( , J· 'I·-, i\ • J • :~ . ) ,t'i Guatn Econon1ic Developn1ent Authority

Testimony of Mr. Jay Rojas, Administrator Guam JCconomic Development Authority

March L 2016

Bill No. 264-33 (LS)

Bill 264-33 (LS) - "AN ACT TO AMEND §68605 OF ARTICLE 6, CHAPTER 68, Al'iD TO ADD A l'iEW §68602.1 TO ARTICLE 6, CHAPTER 68 BOTH OF DIVISION 2, TITLE 21, Gt:A\1 CODE Al'i'.'/OTATED, RELATIVE TO THE SOUTHERN DEVELOPMEl'iT '.\1ASTER PLAN

Hafi1 Adai Chainnan Rodriguez and members of the Committee 011 Health. Economic Development, Homeland Security, and Senior Citizens. My name is Jay Rojas. Administrator of the Guam Economic Development Authority (GEDA ). and 1 hereby submit this written testimony in support of Bill No.264-3.1 (LS).

We acknowledge Senator Tommy '.vlorrison for introducing Bill No. 264-33 (LS) which changes the Chairperson of the Task Force responsible for overseeing the preparation of a Southern Development 1>1aster Plan from the Director of the Bureau of Statistics and Plans to a Village Mayor selected by the Mayors of Agat. Santa Rita. Umatac, Merizo. lnarajan (including Malojloj). Talofofo and Yona. GEDA supports Senator Monison and the sponsors of Bill 264-33 in creating public policy that recognizes the people most likely affected by development should lead planning efforts designed to manage such development.

While the intent of Bill ~64-33 is highl;, commendable, the mechanism to fund the programmatic requirements does not provide dear dedication of funds from the General Fund. or any federal grant source to support the foll implementation of the Act. It is improbable that the Bureau of Budget and Management Research would be able to reprogram funds from the Bureau of Stats and Plans. or any other General Fund funded entity to defray the costs of the Southern Development Master Plan,

Bill No. 264-33 (LS) also recognizes that funding is a major challenge for any effon designed to manage development. Originally enacted as Public Law 19-38, $300.000 was appropriated to fund the adivities of the Southern Development Master Plan Task Foree. While GEDA is unaware of the status of funding designated for this effort. GEDA i>elieves that revenues from all sources including the government of Guam. the l.L S. Military aJld the federal government should be coalesced to create the plan as specified in Section 2 ofAill 264-33.

Should Bill 264 be signed into law, Section 68609 and 68610 of Article 6, Chapter 68, Title 21 of GCA howe,er. will continue to require the Director of the Bureau of Statistics and Plans (fonnerly Bureau of Planning) to submit a detailed recommendation delineating the nature of any assistance needed in plan development Section 68610 requires the Director of the Bureau of Stalisties and Plans lo implement the plan and negotiate for funding assistance, The Legislature may want to review these requirements in view of the change in chairperson,

"}Ffl'N iN-,rf ~,f< ,•J.<.M I , ""

Page 23: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Comments on Bill No: 264-33 LS

Bill No, 264-33 (LS]: AN ACT TO AMEND SECT!ON 68605 OF ARTICLE 6, CHAPTER 68, AND TO ADD A NEW SUBSECTION 68602.1 TO ARTICLE 6, CHAPTER 68, BOTH OF DJV!SJON 2, TITLE 21 GCA, RELATIVE TO THE SOUTHERN DEVELOPMENT ,WASTER PLAN.

The Guam Economic Development Authority (GEDA) upon its review of Bill No. 264-33 [LS] offers input and general comments as follows:

1. Section L S.trucJt1Xe .. oJ th<? TciskFor.ce.

The inclusion of Mayors from the affected districts or villages with respect to Task Force membership is important in the development planning process. While broad participation and representation is crucial, it may not be the most expedient way to faciiitate the preparation of the plan. It is inevitable that every district will have challenges in formulating consensus while vetting complementing as well as competing interests. By pursuing a single channel or one voice conduit to the Task Force via the Mayors Council's full membership, the issue of unanimity or competing bias toward the plan will be greatly minimized. It may also allow the other phases of the planning process for example, environmental protection, business and commercial components, general land-use designation, infrastructure support, etc., to move forward while area specific concerns are addressed. Further, in noting the historical development of communities throughout Guam, it is difficult to assume that land-use or preferred dPve!opment activity in one village will not impact the contiguous and surrounding areas. Thus, in the effort to promote fully integrated planning as opposed to a fragmented or a disjointed initiative the consolidated position of the Mayors Council is highly recommended.

2. lt is important to note that the success of development planning for limited land jurisdictions like Guam hinges on the adoption of a land-use plan that supports the community's growth vision, constraints and quality of life choices. In the event that a land-use component for the development of southern Guam is prepared, the recurring question of the Guam Land Use and Zoning Plan for the rest of Guam will again emerge with emphasis on the Guam !.and Use !'Ian (GLUP] and how this ties in with any recommended changes to the land uses in southern Guam. In this regard, do we need to consider a more comprehensive approach to Bill 264-33 regionalized planning initiative?

3. While the intent of Bill 264·33 is highly commendable, the mechanism to fund the programmatic requirements does not provide clear dedication of

Page 24: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

funds from the General Fund or any federal grant source to support the full implementation of the Act. It is improbable that the Bureau of Budget and Management Research would be able to reprogram funds from the Bureau of Stats and Plans of any other General Fund funded entity to defray the costs of the Southern Development Master Plan.

Guam Economic Development Authority Analytics Division

Page 25: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Testimony

Of

Mayor Carol S. Tayama

On

Bill 264-33 (LS)

Mar~h 1, 2016

Buenas yan Hafa Adai! I am Mayor Carol S. Tayama of Agat. I come here today to testify

wholeheartedly in favor of Biil 264-33.

It is about time that an entity is organized and created to oversee, comprehend, review, research,

recommend, and participate in the economic development of the most pristine, beautiful, untouched, virgin properties and land areas of our is!and .. .Southern Guam.

We all most assuredly want growth and expansion to coincide with the needs of our residents and

visitors. This growth and expansion, however, cannot and must not be a "hit or miss", "place it here or

there", "oh wow, that sounds great", "why didn't I think of that" type of development.

It has to be a development that is fully vetted and reviewed by all concerned entities, agencies, and,

yes .... residents of that particular village that will be impacted by such development. We cannot allow

hodgepodge construction and development to be the rule of thumb. The rule of thumb must be

concise, clear, and beneficial development not just for today but for generations to come.

To mandate a mayor of the Southern districts to chair the creation of a Southern Development Master

Plan is the most logical start. Who knows better the views of both the older and the younger

generations of that village than their Mayors. Afterall who knows better what the villagers are asking

and looking for than their Mayors. So yes, the person to spearhead and head the creation of the

Southern Development Master Plan should be a Mayor from Vona, Talofofo, lnarajan, Merizo, Umatac,

Agat, or Santa Rita.

We already are on the right track with the passage by this body of Bill 218·33 which promotes greater

participation of residents at public hearings and meetings concerning zone changes, conditional uses, variances and sale or lease of government real estate. This bill embraced the concept that village

municipal council members along with its mayor and vice mayor have input and ideas that must be

heard, and at the very least, be respected.

We applaud Senator Tommy Morrison, Senator Tony Ada, Senator Tina Muna-Sarnes, Senator Rory

Respicio, Senator Frank Aguon, Jr., Senator Brant Mccreadie, and Sc:nator Frank Blas, Jr. for introducing

and cosponsoring this piece of legislation that finally recognizes that the south is just as important as anywhere else on Guam.

SmJ<eramente.

Page 26: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

.. St!'@etMurass: 690 Si hjailOO (:-Orps t)jl\,'!>

Suite 733 rr.c 6vildlhg T<1irumjng; GU 913913

Malling A<ldmss: P,o, Box ?950

}!a:gatn~. GU 9\l932

W~ite: titto"J!i9rd.g.ia:r~®~

E·man Address: Q[:LdJ[ © !3-nd ~fR_1am. gqy

Telephone: 671 ·64NAND (5253)

Facsimile· 671-649-5363

HAY TENORIO Ucutenan! Ciove'Tior oi Guahan

March !, 2016

DIPATTAMENTON MINANEHAN TANO' (Department of Land Monoaement)

GUBETNAMENTON GUAHAN !Government of Guohon}

Honorable Dennis G. Rodriguez, Jr. Chairman, Committee on Health, Economic Develpment,

Homeland Security, and Senior Citizens 176 Serenu Avenue, Suite 107 Tamuning, GlJ 96913

MICHAEL JB BQP,_JA Director

DAVID V_ CAMACHO Deowy Director

SUBJECT: Bill No. 264-33 • AN ACT TO AMEND §68605 OF ARTICLE 6, CHAPTER 68, AND ADD A NEW §68602. l TO ARTICLE 6. CHAPTER 68, BOTH DIVISION 2, TITLE 21, GCA, RELATIVE TO THE SOUTHERN DEVELOPMENT MASTER PLAN

Buenos Yan flaf(; Adai.1

A public law was enacted almost three decades ago to create a development master plan of the southern part of Guam, a plan that never came to fruition. Bill No. 264~33 resets the intent of this law with newly designated leadership of the task force placed on the mayors of the southern villages. The scope of the task is significant and it was previously funded. Today, this bill only directs the task force to >eek necessary funding to complet.e the task which will likely need professional and technical assistance.

Additionally, since all the mayors are up for election in the 2016 election cycle. I suggest that thb task force not convene until 2017 when all the mayors begin their new tenure. This is necessary for continuity in the leadership of the task force.

I would further recommend that Bureau of Statistics and Plans provide all notes and drafts from any work perfonned by an earlier task force be made available to the Mayors Council of Guam and all the departments and agencies designated to be members in the task force. This will allow the membership to acquaint themselves with draft> and studies already completed.

While this bill is well-intentioned, completion of the southern development master pl;,m must reach a conclusion. Without any designated funding, however, it would appear that much effort will be placed in seeking funding before certain technical aspects could be completed. Therefore, it is imperative that a new funding source be programmed for this project rather than expecting assigned departments and agencies to designate their budgetary funds towards this c.ffort.

Page 27: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

DLM Tcstimon~· on Bill 264·.B Page 2of 2

Lastly. a.s in other development master plans created fix Guam. support from the Legi.slature is imperative. 11 would he a fruitlcs;; u:,c uf per>amnel time and >carce resources to have a plan summarily rejected hy legislation after it i.s enacted. Therefore, a sitting memhcr of the Legislature should he included in the memhcrship of the task force,

The Department of Land Management stands ready to take on its role as a member of the Southern Development Master Plan task force once it is convened.

MICHAEL Director

-A

Page 28: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Randel Sablan P.O. Box 3593 Hagatna, GU 96932

Dear Senator Morrison and Committee Members,

Ref: Bill 264-33

Thank you for the opportunity to provide testimony on Bili 264-33 relative to the proposed Southern Development Master Plan (SDMP). l support Bill 264-33 as it ensures perspectives from the municipal level of government, and by extension various communities where the impacts of growth both positive and negative will be most felt

I recommend the following modifications to Bill 264-33:

1) Add two (2) new Task Force members (similar to the Chamber of Commerce provision). l recommend the additional Task Force members represent cultural/historic interests (such as the Guam Preservation Trust) and the young people of Guam who will ultimately steward growth management well into the future. I also suggest the young adult member be a student from the Guam Community College or University of Guam student population who has demonstrated leadership and activism.

2) Require the development of zoning standards to support the SDMP. The plan should be accompanied by enforceable procedures and standards such as how variances and plan amendments are handled, and new southern Guam numerical limits on variances to protect the integrity of the plan. Additional effort and therefore funding will be needed to formulate how community involvement will occur including the increasingly important role of municipal government.

3) Consider sourcing funding from the Tourist Attraction Fund (T AF). The Administration has articulated a development policy goal for more hotels and 2 million visitors annually. The Administration has also articulated a possible long-range vision that "imagines" the tourism industry expanding outside of Tuman. It's only appropriate that the TAF be considered as a funding source.

4) Add a section that sets deadlines and requires the SDMP Task Force to set other deadlines to drive the process. The first important date that the Legislature should set is when a formal report is submitted to the Legislature on efforts to identify adequate funding sources. Another important deadline should be when the Task Force is required to publish a project schedule. Southern residents in particular wili need to continue to be informed as to:

Page 29: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

• when the Task Force meets • when funding solutions are required and obtained • when the foundational elements of the plan will be publically scoped • notional timing for preliminary draft • when draft and final versions of the plan will be completed and

publically presented

I'm concerned that the plan will take a back seat to other initiatives without some form of statutory timing requirement. The original legislation calling for this plan was passed more than 20 years ago.

I remain interested in the planning process.

Senseramente,

Randy P.O. Box 3593 Hagatna GU 96932 898· 1295

Page 30: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

March 1, 2016

The Honorable Dennis G. Rodrlguez, Jr. Majority Whip I Mina'trentai Tres Na Uheslaturan Guahan 176 Serenu Ave. Suite 107 Tamuning, Guam 96931

RE: Bill 264·33

Hdfa Adai Senator Rodriguez:

Thank you for the opportunity to provide testimony for Bill No. 264·33 (LS) An act to amend § 68605 of article 6, chapter 68, and to add a new § 68602.1 to article 6, chapter 68, both of division 2, title 21, Guam Code Annotated, relative to the Southern Development Master Plan.

The Guam Visitors Bureau Is in favor of policies that provide economic growth in a responsible manner. Much growth and diversification are expected In the coming years In the tourism industry, which is why GVB emphasizes the importance of meeting the goal of a world·class visitor experience and the need to preserve our culture and history, Although the population in the southern part of Guam has decreased significantly over the years, we support opportunities that bring in more jobs to this part of the island while promoting responsible development that respects the environment and the wishes of the southern community.

The southern part of Guam has always been looked to as the villages that truly embody Guam's rich 4,000 year old Chamorro culture and history, while preserving a way of life that is closest to Guam's past. Through the framework of the Southern Development Master Pian, we certainly want to ensure Guam's southern hospitality continues to be enjoyed for many generations to come.

Si Yu'os Ma'ase again for allowing GVB to testify and for your continued commitment to our tourism industry.

CC: All Senators of the 33'd Guam Legislature

GUAM VISITORS llUREAIJ J SETEllS!ON £11SITAN GUAHAN 401 Pale San Vltonu: f:k)ad I l-umon, Gu.itm 969131 Pti. (671) &4$.5279 I !'.'.ax: (671) 646-69611 www.vlsftguam.com

GUAM

Page 31: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Eddie Baza Calvo Governor af Guan1

Ray Tenorio Lieutenant Governor

BUREAU OF STATISTICS & PLANS

5;\G1\N i1LANl) Sifl/\ '>{i\N f,\1f()T\-1,\Sl()~

P«J. Box 2950 HagMila, Guam 96932 Tel: (67l) 472-4201/3 Fax: t) 477-1~12

March l l, 2016

Honorable Dennis G. Rodriguez, Jr. Majority \\:nip Chairperson, Committee on Health, Economic Development, Homela1;d Security, and Senior Citizens I Afina 'trenraitres Na Lilieslaturan Guaha11 Suite 107 176 Seretm Avenue Tamuning, Guam 9693 l

William M. Castro Director

Jomes T McDonald

RE: BILL 264.-33 AN ACT TO AMENT §68605 OF ARTICLE 6, CHAPTER 68, AND TO ADD A NEW §68602,J TO ARTICLE 6, CHAPTER 68, BOTH OF DIVISION 2, TITLE 2 l, GUAl\I CODE ANNOTATED, REL\ TIVE TO THE SOUTHERN DEVELOPMENT '.>!ASTER PLAN.

Dear Senator Rodrig11ez:

Buenas yan lfafa Adai! The Bureau ofStatis1ics and Plans (BSPJ supports Bill 264-33 with regard to the membership of the Southern Development Master Plan Task Force, BSP supp011s the development of a comprehensive plan that may bring flmhcr balance to economic development while maintaining Guam's rich cultural history and abundant natural resources inherent in the southern communities of Guam.

BSP acknowledges that the village mayors sii:,'llificantly understand the needs, goals and priorities of their respective communities and how a responsible planning process that is inclusive may benefit their constituents culturally, socially and economically.

While BSP, the Guam Economic Development Authority and the Guam Visirors Bureau hold membership on the task force, l further recommend that the following agencies also be represented:

J) Department of Agriculture, 2) Department of Parks and Recreation, 3) Soil and Water Conservation Districts.

Page 32: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Eddie Baza Calvo Governor u-f Guam

Ray 1-enorio i jeutenant (t~1vc:mor

ii' BUREAlJ Of STATISTICS &. PLANS

P 0. Box 2950 HagAtiia, Guam 96932 Tel: I) 472-4201/J F::Lx: (_671.1 477~!3i2

William M, Castro Director

}an1cs T :V!c:Dunafd

These entities possess the expertise and knowledge to expand and promote a viable devcio11ment

plan each of Guam's villages by providing valuable information and guidance regarding the protection of soil and water resource~, preserving agricultural !and uses and crop production, and enhancing park and recreation facilities use.

Further, I look forward to working with the Guam Legislature to explore both federal and local funding opportunities to supp<irt this planning initiative.

In closi:1g, the Bureau of Statistics and Plans supports the passage ofBill 264~33. Thank you for the opportunity to provide testimony.

Page 33: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

· ... C0~1MITTEE ON RULES 1Jfina'tn:ntai Tres 11a l11res/atunm Gualran • Tne 33rd Guam Legislature

. · 1 SS Hc.krl,Jl:t, lia;citri.i, (mm 969 l\J. . E,.~iJ: 1m:t'fi1-~e;.t:r.tn@;X".L-tiln;r; • Td: "."6:'9 • F-a:t:: ( 671 :o:• ·'·'"''·:

St:nator Rory J. Respici>J

CBAlRrfR50N -'1\AiORffY lfADfR

ThomasC Ada Vltf CH4.!Ri'f:fi'(1~..;_

'""~is TA.\iT _;.,'\A!ORnY LL\DE\t

Speaker

.ludilh [P. Won f>at. Ed.D. Member

\!ice-Speaker Benjanun .LF L'ruz:

Me1nher

Lu2israr1,,,, ~;,;crt:tsry fina H.otie 7v1uaa Barnes

Member

Senator i)ennis (J. Rodriguez_ Jr.

Member

Scna1or Fr&nk Blus Aguon. Jr.

\.lemb.:c

Sen.1tor ~v1ithae{ FJ), s~n N1C\)ftt~

Mc1n!>cr

Sena ta: ~eri~sa Ilretanl'a t;nderivoo<l

Memhcr

v_ /\nthony ,\da .l\-Uf\.\')f<J rv lfADfJt

( Torre:;; V.JN(lt\.!TY ,\.tfMBtR

March 8, 2016

To:

from:

Subject:

Rennae Meno

Sl'nator Rory J. Respicio.·/ t~;l"/.rt1er<:;11'1(1f1-f~{' {\Ji"r'1·;t'r"'-~ ,-,n Pn[P<.:: °'"' 1-1 (' ~ -' '.' ,,j, .i ,II.>< j ( V -"- "'"

fisral Noll's and Fiscal Note Waiver

;\ttdt~he,J pledse fir1J the fisc(11 l1i)!es and fiscaJ note \vaiver ft)r the bill 1111n1l•ers listed beluw. J.>Jt;ase t1(tte tf1at the fiscr11 n~)lQs and i i'C~tl l1t)t('

l-\'di\--"er ar"> isstit·d tHi 011:\ hiHs .<.1S intrth.iucc-J.

fl~CALNQif:Ji: IliJi No. 24'>-33((_:()!~)

})ill ~""

FISCAL NOTE l:Y1\IYJ:.!t Bill \:n.

!)!(•Jsc ftlfV\-'t.lrd the ~dn1c to :viIS f~1r ptJ~tin~.; uri uur -.,,.·eb~itt~. l-'lt~ast· (()r1tact

tJtJr offii..::t' sh•Ju!d yoi.1: }1;.;r\'t: any CjU:l\sti(H!;S thJt;, rr1a!t1:'r.

Page 34: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Bllllall of Budget & Management Research Flsail Note of Bill Nos. 2§4-33 (LS)

AN ACT TO AMEND §68(iOS OF AHTICLll: 6, CHAPTI:R 6&, AND TO ADD A NEW §OU02.l TO ARTICLE 6, CHAl'TER 68.. BOTH OF DIVISION l, TITLE ll, GUAM com: ANNOTATED, RELATIVE TO THE SOUTERN DEVELOPMENT MASTER PLAN.

··········.•····••.<:.· ...•. ·.··•· ···.••- ········•:•·····'· ·····~~~i•i·~~~~~~ffl;~·1••·r ... ··.····.

FY 2015 Unt"'1UVed Fund Balance

FY 1016 Adopted Revenues

FY 2016 Appro. (.l'.J,JJ-66 thrn

S•h-total:

L., .. approprlatiott ia Bfll

·rotal:

ForRemalnd<rof FY 20lli

(if applluhk)

L D!.HeS tM bill contain ""revenu poentilt&,. provbion1'! If v ... -ott.o<hwnt

FY ?017

2. Ir amount approprlaud odtqum to fttnd the lntetit of the appropriati .. ? If •o, what It th< addldonll ._nt reqllin:d7 J

J. ~the Bill m.blltll 1 Hw progntm/""9<)'? If ya. .. m ti.. prognm duplleatc ••iltlng prou1Ul111ag••<i«7 I• there• f..t.rll !DU<btr to .. talllisl! Ille prop:m>'ogHcy?

4. Will the enKtm<at of tru. sm .-..ptire ..... pll)"liul bcllllitf?

FY 2018

/Xi NIA IX I NIA

I I NIA

5. Wu Flocal Nob! coanlilll<kd wltlo tlio alf..,t..i d<pt/apncy! If uo, !ndkAte """""' I X I R"'I"- acwcy co"'menbt ..,. r«elved by - da.,. Otller:

FY2Dl9

I I v ..

Yes

i XI Yea I v ..

Yes v ..

I v ..

Om:

FY 2020

IX I No

I No

I No IX! No /XI No I XI No IX/ No

Page 35: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

BUREAU OF BUDGET AND MA"'iAGEMENT RESEARCH COMMEf..'TS 0.'.'1 BILL NO. 264-33 (LS}

There are two (2) actions involved in the propoSl.'il legislation. The first is to amend §68605, Ankle 6, Chapter 68, Title 21 Guam Code /umotated (GCA) to appoint a new Chairperson of the S.outl:mm Developm<.'llt Master Plan Task Force. The Task Force includes lhe appointing aulhorities of BSP, Depa.rtment of Land Management (DL:V1), Guam Environmental Protection A!,'e!!CY (GEPA), Guam Visitors Bureau (GVB), all Mayors frmn Agat, Santa Rita, Umatac, Merizo, Inarajan, Malojloj, Talofofo, and Y ona, a representative from the Guam Chamber of Commerce, and a member of the pubic chosen by the Governor of Guam.

Originally, the Director of the Burellll of Statistics and Plans (BSP) was appointed as the Chairperson of the Task Force. The amendment to §68605 designates the new Chairperson of the Task Force to be one of the Mayon; of the aforementioned villages as determined by the group of mayors from those viHages.

ft should be noted that §68602, Article 6, Chapter 68, Title 21 GCA designated $300K as the budget for the Task Force. Per this section, it is lhe Director of BBMR's responsibility to provide such funds either from the existing appropriations of BSP or directly from the General Fund (GF). lt shonld also be noted that all FY 2016 GF revenues have been appropriated and diverting $300K from BSP may have an adverse impact on their operations.

The second action in the proposed legislation is to add a new §68602. l to Article 6, Chapter 68, Title 21 GCA. This added section authorizes cost·sharing and the use of federal grants to cover the cost of the Task Force. While there is no provision in this section that designates the cost-sharing ratio between the Government of Guam, the U.S. military, and the US federal government, this provision is supported as it alioe11tes costs to !ti! stakeholders and uot just to the Govenunent of Guam.

Page 36: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

COMJVtrrTEE ()N RULES ·l Jfin11'trc11fai Ires"" liht',,faltmm G111i!um •The 33rd Gu;nn u1;~1s;;rnu1e l ')') Hi:>;kr

. E ·m"it m1rfw':~?t.1mi1i ;ryn;;;I J1J111

Senator Rory J, Respicio

CHA!RPERSO!x

MA!OIHtY L!ADfR

Senator 1'ho1nas C:, 1\<la

VIC t CHAIR.PtR~'l<1N A'l5tSTi\l\!T ;\-1.AjtJRiTY lf:ADfR

Speaker Judith r.P. Won Pat. EdJ),

~!ember

Vicc·Spcaker Bcnjcmin JF. Cruz

Member

Lcgishiti\.-e Sc.::rctary Tina Rose Muna Barnes

Member

Senator f)cnnis (i, Rodriguez, Jr,

Member

s~nator

Frank Blas Aguon, Jr. Member

Senah1r Mkhael E(l San Nicolas

Member

Senator Nerissa; Bret3nia lJnd .. ~r.vood

~1e1nbcr

V Anthony Ada t\t{i'<.tJIUlY LfAlJlJ.l

Ma~- c- Torres .MlN<JRltY ,\--\f,\-1PER

February 15, 2016

MEMORANDUM

To: Rennae Meno Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

From: Senator Rory J. Respicio Chairperson of the Committee on Rules

Subject: Referral of Bill No. 264-33(LS)

As the Chairperson of the Committee on Rules, l am forwarding my referral of Bill No. 264-33(LS).

Please ensure that the subject bill is referred, in my name, to the respective committee, as shown on the attachment. I also request that the same be forwarded to all members of 1 Mina'trentai Tres Na Liheslaturan Gwl/ian.

Should you have any questions, please feel free to contact our office at 472·7679.

Si Yu'os Ma'iise'

Attachment

Page 37: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

3)ril CL:Rt.$:lfHCf

ijj!j d!~'1QR¥

)/tiiWH ll: 'J) A.M

I j Bill

~- NO.

I I I I I64-33

(LS)

SPONSO~

Torn my Morrison V, Arthorry Adil

T. R, fvl.ufia 3ar~es

R. ,L Rt!sptclo

FRANK B. AGUON, JR.

Btaf'.t T McCa•adie rraiik F. Blas. Jr,

I i'dina'Trcntai Tres ,Va Liheslaturan Rcceh1ed Bill Log Sheet

I ·1 , ..

I DATE DATE CMTE

TITI.E INTRODUCED REFERRED REFERRED

fAN ACT TO A~END § 68605 OF Ai\TICLE 6, 02/15/16 02/15/16 Committee 0'1 Health,

JcHAi'TEH 68, AN!J TO ADD A NE\\/§ 58602,1 TO 4:30 p.~. Economic Development, !ARTICLE 6, CYA?TER 58, BOT}.{ OF :JIVlSION 2, Yome!and Security, and

jT:TLE Zl, GLAM CODE ANNOTATED, RELATIVE TO Senior Citizens

hHE SOUTHERN DEVElOPMENT MASTER ?lAN, I i

Page 1

I PUBLIC DATE HEAH:ING COMMITIEE

DATE I REPORT FU.£0 FISCAL NOTES

'

Page 38: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Todu Guam Mall· FIRST NOTICE of PUBLIC &INFORMATIONAL HEARINGS let' Tuesday, March 1, 2016

Joe Mesngon <[email protected]>

FIRST NOTICE of PUBLIC & INFORMATIONAL HEARINGS for Tuesday, March 1,2016 1 message

Joe Mesngon <[email protected]> To: [email protected]

February 23, 2016

MEMORANDUM

To: All Senators, Media and Stakeholders

From: Sen, Dennis G. Rodriguez, Jr.

Tue, Feb 23, 2016 at 9:56 AM

Subject: First Notice of PUBLIC & INFORMATIONAL Hearings for Tuesday, March 1, 2016

Hafa Adai!

The Committee on Health issues this FIRST NOTICE for the following hearings on Tuesday, March 1, 2016 at the Public Hearing Room in the Guam Legislature.

The Committee will accept written and oral testimony on the following:

10am-lnformational Hearing on the Proposed Rules and Regulations governing the Issuance of Sanitary Permits, as submitted by the Department of Public Health and Social Services via the office of the Governor.

2pm-Public Hearing on Bill No. 264-33 (LS) - T.A. Morrison IV. A. Ada T. R Muna Barnes I RJ. Respicio I F.B. Aguon, Jr. I B.T. Mccreadie I FF Blas, Jr.

An act to amend § 68605 of article 6, chapter 68, and to add a new§ 68602. 1 to article 6, chapter 68, both of division 2, title 21, Guam Code Annotated, relative to the Southern Development Master Plan.

6prn-lnformational Hearing exploring the expansion of Animal Assisted interventions (AAi) on Guam and the various manners in which AAI using dogs can be utilized.

Written testimony may be addressed to Sen. Dennis G. Rodriguez, Jr,, Chairman, and sent via email to S!;t<at•m\Snxinquez@~1m:;il.•oorn, or sent to 176 Serenu Ave. Suite 107 Tamuning, Guam or the Legislature Mailroom at 155 Hesler Place Hagatna, Guam.

Individuals who may require assistance are asked to contact the office of Sen. Rodriguez a! 649-8638i0511 no later than 48 hours prior to the scheduled hearing.

Si Yu'os Ma'ase'!

htps:l/m ai I .gocgla.com lmaii/u/Ol?u!~ 2&l k~585024d2da&view~ p!&q= Bi 11%20264&qs;true&s earc!Fquery&lh" 1530b6a 11237'.lBc 7&si-n I= 1531lb6a11237'.lBc 7 112

Page 39: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

.1/Z4fLU10 TO<il Guam Mail- FIRST NOTICE of PUBLIC & INFORMATIONAL HEARINGS for Tuesday, March 1, 2016

Joseph A. Q. Mesngon Office of Senator Dennis G, Rodriguez .• Jr, Committee on Health, Economic Development, Homeland Security and Senior Citizens I Mina,rentai Tres Na Liheslaturan Guahan 33rd Guam Legislature 176 Serenu Ave. Suite 107 Tamuning, Guam 96931 649-8638/0511 www.toduguam.com

'1tlps:ilmail.googie.oom/mml/u/O/?ui;2&Jk•585d24d2da&view;pt&rBill%20264&qs~lrue&seaJctFquery&1!F1530b6a112373Bc7&siml•1530b6a1123738c7 212

Page 40: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

41L4/ZU10 Todu Guam Mail ·SECOND NOTICE of PUBLIC & INFORMATIONAL HEARINGS for Tuesday, March 1, 2ll16

Joe Mesngon <[email protected]>

SECOND NOTICE of PUBLIC & INFORMATIONAL HEARINGS for Tuesday, March 1, 2016 1 :nessage

Joe Mesngon <[email protected]> To: [email protected]

February 26, 2016

MEMORANDUM

To: All Senators, Media and Stakeholders

From: Sen. Dennis G. Rodriguez, Jr.

Fri, Feb 26, 2016 at 9:25 AM

Subject: Second Notice of PUBLIC & INFORMATIONAL Hearings for Tuesday, March 1, 2016

HafaAdai!

The Committee on Health and Economic Development issues this SECOND NOTICE for the following hearings on Tuesday, March 1, 2016 at the Public Hearing Room in the Guam Legislature.

The Committee will accept written and oral testimony on the following:

10am-lnfonnational Hearing on the Proposed Rules and Regulations governing the Issuance of Sanitary Pennlts, as submitted by the Department of Public Health and Social Services via the office of the Governor.

2prn-Public Hearing on Bill No. 264-33 (LS)- T.A. Morrison IV. A. Ada T. R. Muna Barnes I R.J. Respicio I F.B. Aguon, Jr. I B.T. Mccreadie I F.F Blas, Jr.

An act to amend § 68605 of article 6, chapter 68, and to add a new§ 68602.1 to article 6, chapter 68, both of division 2, title 21, Guam Code Annotated, relative to the Southern Development Master Plan.

6pm-lnfonnational Hearing exploring tho expansion of Animal Assisted lnteiventions (Ml) on Guam and the various manners in which AAI using dogs can be utilized.

Written testimony may be addressed to Sen, Dennis G. Rodriguez, Jr,, Chainnan, and sent via email to se1mito~:!ro:Jtig;ue.c@!griiaii.ccm, or sent lo 176 Serenu Ave. Suite 107 Tamuning, Guam or the Legislature Mailroorn at 155 Place Hagatna, Guam.

Individuals who may require assistance are asked lo contact the office of Sen. Rodriguez at 649-8638/0511 no later than 48 hours prior to the scheduled hearing.

Si Yu'os Ma'ase'!

https J/rc ai I .googl e can Imai l/u/Ql?ui=2&ik" 5B5d24d2da&'' """ f<&'F Bi II %;!;264&qs= true&sear ch= query MF 1531 acO:Jelfb8f2e&s1rn I" 1531ac03e7fb8f2e 112

Page 41: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Todti Guam Mail· SECOND NOTICE of PUBLIC & IN•ORMATIONAL HEARINGS for ·ruesday, March 1, 2016

Joseph A. Q. Mesngon Office of Senator Dennis G. Rodriguez, Jr, Committee on Health, Economic Development, Homeland Security and Senior Citizens I Mina1rontai Tres Na Uheslaturan Guahan 33rd Guam Legislature 176 Serenu Ave. Suite 107 Tamuning, Guam 96931 649-8638/0511 www.toduguarn.com

'11',µs:ilm ai I .google.comimai l/u/O/?ui =2&ik =585d24d2da&vlew=pt&lj" Bill %20264&qs=lroo&searciF query&ttr-1531actJ3e7ibllf2o&si rn I= 1531 ac03e71b8!2e

Page 42: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Pul:il1c Hearing Notice Ustserv [email protected] (Medio, All Senat(m; and Staff) lJpdated: February 15. 20!6

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Page 43: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

Puhlic Hearing Notice L,l:-,tserv

[email protected] (1"1edia, lW Se1w.tors, a1td Staff)

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Page 44: SENATOR DENNIS G. RODRIGUEZ, JR. - Legislature of Guam No. 264-33 (LS... · senator dennis g. rodriguez, jr. brief summary of the bill and then ask you who had signed up to testify

SENATOR DENNIS G. RODRIGUEZ, JR.

PUBLIC HEAR!l'IG AGENDA Tuesday, '\'larch 1, 2016 JOam. 2pm, 6pm Public Hearing Room, I Liheslatura

I. Call to order

II. Items for public consideration:

10:00 A.M.

• lnfonnatioria! Hearing on 1he Proposed Rules and Regulations governing the Issuance of Sanitary

Permits. as submitted by the Department of Public Health and Social Services via the ollke of the

Governor.

2:00 P.M.

• Bill No. 264-33 (LS)- Introduced by T.A. \forrison ! V. A. Ada IT. R. Muna Barnes! RJ. Respicio I F.B. Aguon, Jr. I B.T. McCreadie I Blas, Jr. - An act to amend § 68605 of article 6. chapter 68, and to add a new § 68602.1 to anic!e 6, chapter 68, both of division 2. titk 2L Guam Code Annotated, relative to !he Southern Development Mastc'r Plan.

6:00 P.M.

• Informational Hearing exploring the expansion of Animal Assisted Interventions (AA!) on Guam and ihe various manners in which AAI using dogs can be utilized.

II I. Adjournment

Thank yon for your participation in today's hearing.