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Monday, September 7, 2009

Planning or Permitting Department?

This is a great topic to kick off "Straight From The Heart." And the timing couldn't be better. Transient vacation rentals in non-VDA or on agriculture lands, shoreline certification waivers, approvals of non-compliant structures, flagrant disregard of state and local laws, etc. Is our Planning Department truly planning Kauai's future or simply just permitting the majority of applications that come through.

During my 6 years on the County Council, I constantly battled with the Planning Department for answers to simple questions that the people had. Questions like:
  • Which law allows the Planning Department to waive shoreline certifications?
  • Which law authorizes the Planning Department to permit unlawful structures?
  • How can the County Planning Department ignore the State laws that mandate the protection of the Special Management Areas?
  • How can the County Planning Department ignore the State laws that prohibit TVRs on agricultural lands?
As you know, these questions were never answered. More disturbing is the fact that the Planning Department continues to act in the worst interest of the public. Why? I simply don't know. It is baffling to me how this can continue. In my final months in office, I attempted to initiate a Council investigation into the actions of the Planning Director but was unsuccessful. I did get the support of the former Council to send a formal request to the Attorney General to look into the actions of the County Planning Department. I have not heard back from them yet.

Why is this happening? Is it the pressure put on by high-pressure attorneys? Is it the false belief that these unlawful structures and uses actually stimulate the economy? Whatever it is, it has to stop. Laws are in place to protect our precious resources, mainly the coastlines and beaches of Kauai. This County continues to ignore these laws and the people suffer. The beaches in Hawaii are limited. Once gone, they cannot be replaced. I can't seem to get that through the heads of our Planning Department leaders, or our Planning Commissioners. Caren Diamond and Barbara Robeson have done extensive investigations in this area and they have more than enough evidence to prove that mistakes have been made. They continue their fight and I stand behind them. I will continue to fight until we win. I am told that certain Federal agencies are now looking into this matter. Hooray! I am hopeful that they will make some headway on Kauai. This has to stop soon. Hopefully this blog can be of assistance in the fight to clean up the mess that has occurred. I can only hope.

I am excited for this opportunity to share my concerns. I look forward to a healthy discussion and possible solutions to this very serious problem. Let's hear from you.

5 comments:

  1. Hi Mel,

    This is a great topic to start off with, especially with the planning commission and their process of making critical decisions that affects the environment and a-lot of people. It would be great if an investigation is taking place by the Feds, I'm thinking if some of these people on the board have the requirements and/or knowledge to be there.

    Herman

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  2. Aloha Mel,

    I agree also - very important topic to begin with. Will the results of the investigation be made public? I wondered if those appointed are liable and have to face any consequences for any wrong doings? IF NOT, THAN PERHAPS WE NEED TO FIND A WAY TO KEEP THEM HONEST AND LIABLE FOR THEIR ACTIONS. PLUS, LIKE HERMAN SAID, REQUIRE SOME BACKGROUND KNOWLEDGE FOR THEIR POSITIONS AND NOT HAVE ANY CONFLICT WHILE SERVING IN THEIR CAPACITY AS PLANNING COMMISSION. MY PERSONAL FEELINGS. Cami

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  3. I can only hope that a Federal investigation is actually happening. We had a small victory yesterday as the Planning commission deferred action of requests for reversals because of gripping testimony and evidence provided by Caren Diamond. Maybe they are finally seeing the light. We'll have to wait and see. Thanks for the posts.

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  4. I do want to recognize the efforts of Inspectors Bambi Emayo and Sheilah Miyake. I have personally observed both of them in the field and they are fantastic. They are thorough and fair. Their reports are complete and their desire is to enforce the laws. I'm not sure where the breakdown is occuring but I don't believe that it is in the inspector area.

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  5. aloha mel, glad you're back bloggin'; and good to see you posting about the issues critical to kauai. my mom is visiting and while staying at her condo i have had a chance to see the planning commission meetings on hoike. the work by caren d and barbara r is commendable and heroic. if not for them our planning dept would have given away the bank. some of the tvr's they highlighted sound as they could give a rip about laws, regulations or courtesy. i hope the county can collect some revenue for fining the scofflaws. there's no stopping the greed sometimes but maybe a little enforcement and penalty would go a long way. keep up the good fight and mahalo nui to barbara and caren.

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