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Monday, July 26, 2010

PROCESS ALREADY EXISTS IN CHAPTER 205

Chapter 205-6 of the Hawaii Revised Statutes defines the process for applicants to request a special permit for a use that is not permitted. Here is the process:

§205-6 Special permit.

(a) Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified. Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired. Each county may establish the appropriate fee for processing the special permit petition. Copies of the special permit petition shall be forwarded to the land use commission, the office of planning, and the department of agriculture for their review and comment.

(b) The planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur. The county planning commission shall notify the land use commission and such persons and agencies that may have an interest in the subject matter of the time and place of the hearing.

(c) The county planning commission may, under such protective restrictions as may be deemed necessary, permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a use proposed for designated important agricultural lands shall not conflict with any part of this chapter. A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission.

d) Special permits for land the area of which is greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the land use commission. The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant.

(e) A copy of the decision, together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres or for lands designated as important agricultural lands, shall be transmitted to the land use commission within sixty days after the decision is rendered.

Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition. A denial either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure.

(f) Land uses substantially involving or supporting educational ecotourism, related to the preservation of native Hawaiian endangered, threatened, proposed, and candidate species, that are allowed in an approved habitat conservation plan under section 195D-21 or safe harbor agreement under section 195D-22, which are not identified as permissible uses within the agricultural district under sections 205-2 and 205-4.5, may be permitted in the agricultural district by special permit under this section, on lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U. [L 1963, c 205, pt of §2; Supp, §98H-6; HRS §205-6; am L 1970, c 136, §1; am L 1976, c 4, §2; am L 1978, c 166, §1; am L 1979, c 221, §1; gen ch 1985; am L 1998, c 237, §6; am L 2005, c 183, §5]

Doubting the Attorney General?

If there is a question regarding the opinion, why wouldn't the Council seek a Declaratory Relief from the Circuit Court? Why the rush? Worried about a decision from the Court?

Declaratory relief refers to a judgment of a court which determines the rights of parties without orderin
g anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy. Optimally, the resolution of the rights of the parties involved will prevent further litigation.

Make sense? Why not do it? Have deals already been made?

Sunday, July 25, 2010

VACATION RENTAL BILL ADVANCES

From The Garden Island newspaper (with my comments in red):

NAWILIWILI — The Kaua‘i County Council Planning Committee, after several deferrals, on Wednesday approved a controversial bill that would allow vacation rental owners to apply for non-conforming use permits.

The full council is expected to consider the legislation for final decision-making next week. Council Chair Asing and Councilmember Kawakami are the only 2 members expected to vote against this proposal.

“This bill is not about grandfathering TVRs. This bill is about allowing a process to apply (for a permit),” Planning Committee Chair Jay Furfaro said. There is no need for the County to "allow" a process as Chapter 205-6 of the Hawaii Revised Statutes clearly lays out the process for applying for a Special Use Permit for uses that are not permitted on ag lands.

Bill 2364, introduced by Councilman Tim Bynum, has been attracting a lot of attention since it passed first reading in May. Each time it had been up for discussion, community members have crowded the Nawiliwili council chambers.

The proposed bill was fashioned after Bill 2204, which in 2008 grandfathered TVRs that had been operating outside Visitor Destination Areas (Po‘ipu, Kapa‘a, Princeville) and had been paying general excise and hotel room taxes.

That legislation also barred new TVRs outside VDAs. If the vacation rental started operating after March 7, 2008, the owner is not allowed to apply for a non-conforming use permit.

The 2008 bill also prohibited TVRs in ag lands, regardless of how long the owners had been operating the vacation rentals. Because TVRs on ag lands are in direct conflict with Chapter 205 of the Hawaii Revised Statutes.

Bynum’s new bill would give those TVRs left out in 2008 a chance to now apply for a non-conforming use permit. The owners would still have to show they had been in operation prior to March 7, 2008, and meet many of the original requirements and some additional ones. Chapter 205 clearly states that TVRs on ag lands are an unpermitted use.

The new bill says the Planning Department “may physically inspect” the TVR, whereas the original one made it a mandatory requirement. Many who oppose the bill feel the removal of the mandatory requirement weakens the bill. This proposed bill also removes any and all requirements for the applicant to be in compliance with local, state and federal laws.

But the new bill requires TVRs in ag lands to prove that bona fide agricultural operations existed prior to the cut-off date, unless the Planning Department finds that intensive agricultural activities were inhibited by a set of factors. Unless the applicant can convince the Planning Commission that they cannot farm on the lands. This is the most subjective criteria I have ever seen. Can you imagine what will happen to our ag lands if this passes?

Opponents of the bill say it’s illegal to have TVRs on ag land, even if they have been paying transient accommodation taxes.

Many, like former Councilman Mel Rapozo, have questioned why some bill supporters keep relying on an interpretation of an opinion made in 2000 by then-County Attorney Blaine Kobayashi, despite a 2008 opinion from Attorney General Mark Bennett interpreting operation of TVRs in ag lands as illegal. The Kobayashi Opinion did not address ag lands. They keep bringing up this opinion even though they know that is did not refer to ag lands. It was requested because the County Zoning Ordinance didn't state that single family dwellings were not allowed as TVRs outside of the VDA, so therefore they could not be excluded. Chapter 205 EXPRESSLY PROHIBITS TVRs on ag lands.

“Apparently, nobody is concerned with the attorney general’s opinion,” Rapozo said.

Bill supporters say owners have been paying taxes for years, and it’s only fair that they receive the same treatment as other TVRs operating outside VDAs. Chapter 205 prohibits the activity. They have been paying taxes on an illegal activity, therefore they have no right to the same treatment that legal operators have.

The meeting drew many TVR owners and employees in person. In prior meetings, owners had sent real estate representatives and lawyers to testify on their behalf.

Major land owners, such as Michelle Hughes, and several owners of TVRs in small Condominium Property Regime lots testified on behalf of TVRs in ag lands, arguing compliance with the law and creation of jobs for the community.

High taxes and maintenance costs, they said, have driven them to supplement their agricultural income with TVR activities.

Attorney Lorna Nishimitsu, who represents several TVR owners, was silent throughout the meeting.

The possibility of lawsuits has not been brought up, but in 2007, when Bill 2204 was moving through meetings, attorney Jonathan Chun referenced several lawsuits that TVR owners had won, and that should have set precedence.

Bynum and Furfaro have said in the past they took an oath to protect the county, and it included avoiding lawsuits. They took an oath to uphold the law. Chapter 205 is the law and it is not being protected by this Council.

North Shore resident Barbara Robeson questioned the legality of some TVRs advertised as farm dwellings, some with as much as 12 rooms, charging thousands of dollars per night, despite that according to current county law, it is illegal to have a TVR on ag land.

Rapozo said violation of the Farm Dwelling Agreement could bring in a $5,000 fine and the requirement to remove the farm dwelling at the owner’s expense. Even if there was no law in place, the Farm Dwelling Agreement prohibits TVRs on ag lands. This agreement is recorded with the Bureau of Conveyances and should be enforced as well.

Joan Conrow, a former Honolulu newspaper reporter, said if this was a perfect world and only legit TVRs got approved, she wouldn’t have a problem with the bill.

“But that isn’t the way the Planning Department works on Kaua‘i,” she said.

Until there are “big discrepancies” in inspection, enforcement and equal application of the law, Conrow said she has a “real problem” with opening a door to allow those who have “tremendous influence through their money and their political contributions” to make maneuvers with the Planning Commission and the department to get “questionable uses” allowed.

Conrow’s testimony prompted Council Chair Kaipo Asing, an ex-officio member of the Planning Committee, to defend the department.

“I want to correct a statement that you made that may not be accurate,” Asing told Conrow, explaining that the department has done numerous inspections in the last 10 years and that the process is not easy or simple.

“I want to give some credibility to the Planning Department,” he said. “I’ve seen records of what they have done, and violations that have been issued.”

Conrow thanked Asing for clarifying the issue.

At the end of the day, Committee Vice Chair Daryl Kaneshiro introduced an amendment requiring the connection of agricultural activity with the TVR.

Kaneshiro, along with Furfaro and Bynum, voted for the bill. Councilman Derek Kawakami, who comes from a traditional farming family on Kaua‘i, voted against the bill. Councilwoman Lani Kawahara remained silent, and her vote counted toward the majority favoring the bill.

The bill will reach full council next Wednesday. Asing and Councilman Dickie Chang will be able to fully join the discussion and add their votes to the bill.

Asing has been a vocal opponent of the bill. Chang hasn’t made his opinion public. During the bill’s first reading in May, he said he would like to see discussion so he could make a decision he could “live with.” I don't believe that Councilmembers Furfaro, Bynum, Kaneshiro and Kawahara will change their votes. Therefore, all we can hope for is that Councilmember Chang votes no on Wednesday, and that Mayor Carvalho vetoes the bill when it gets to his desk. For the Council to override the veto, they require 5 votes. If Councilmembers Asing, Kawakami and Chang maintain their "No" votes, and the Mayor vetoes the bill, ag lands will be preserved on Kauai, and Chapter 205 will have been respected.

Saturday, July 24, 2010

Save Kauai's Agricultural Lands

We have two more chances to save our Kauai agricultural lands. Next Wednesday, the Council will decide whether to pass the law that will allow vacation rentals on ag lands. It appears that Councilmembers Furfaro, Bynum, Kaneshiro and Kawahara will support the bill. Chair Asing and Councilmember Kawakami will oppose it. Councilmember Chang is undecided as of last night. We need you to call them ASAP.

If the bill passes on Wednesday, we need to encourage the Mayor to VETO the bill. This bill, in addition to being illegal (as stated by the Attorney General), will punish the local ag land owners that have followed the law by not putting rentals on the lands, and reward the illegal operators that have been operating vacation rentals ILLEGALLY on Kauai prior to 2008. Please email me if you need to see the real facts. I can email you all the documents that clearly show that this is an illegal bill.

We need farmers to show up on Wednesday. We need everyone to call or email ALL councilmembers to let them know that this action will not be forgotten.Ag lands on Kauai are in danger. If this bill passes, ag parcels will be mini-resorts. This will effectively destroy the farming industry on Kauai. When we should be helping ag on Kauai, we are killing it with this bill. Please help our ag lands by standing up and being counted.

Last Wednesday, many vacation rental operators testified to the Planning Committee of the Council and gave their sad stories about not bring able to afford their mortgages and taxes. They need this bill to pass so that they can become legal. Some even said that they might have to leave Kauai if this bill doesn't pass. What about the locals that are struggling? Where do they go? We have nowhere to go. The economy is no reason to legalize an activity that is clearly illegal under state law.

Sorry for the ranting but this is a critical issue for the culture of Kauai. We are The Garden Island, not the TVR island. We must preserve ag lands. This bill will change Kauai as we know it. If this bill should pass, we will not be able to unwind the damage that it will instantly create. Trust me on this.

Please call or email Mayor Carvalho and ask him to commit to vetoing this bill should it pass. We need the commitment from our leaders that they will do what is right for the PEOPLE OF KAUAI, not special interests. Thank you.

Tuesday, July 6, 2010

Coffee Hours to Begin Tomorrow Night

Aloha everyone. It has been a very long time since I've posted a message on this blog. Like most of you, I have been extremely busy trying to keep everything on track. Life has been busy, but the time has come to actively kick off our campaign for election to the Kauai County Council. I am very excited for what will be a very interesting campaign season. The next five months will be grueling and hopefully, at the end of it all, we will be successful in our quest to be elected to the Kauai County Council.

We are starting our coffee hours tomorrow night, at 7pm, at the Kekaha Neighborhood Center. This is the first of many coffee hours that we will be hosting throughout the island that will allow the people of Kauai to ask the questions that they want to ask. These are not forums with predetermined questions. These are opportunities to find out where I stand on issues. I look forward to the dialog, and I am hopeful that the people of Kauai will have a better understanding of why I want to return to the Kauai County Council. There are many issues that face our leaders. It actually seems like deja vu to me. Drugs, traffic, solid waste, taxes, economy, preservation of ag lands, affordable housing, etc. It appears that nothing has changed since I first ran in 1998. The reality is that these issues are serious, and it will take serious leadership to resolve them. I submit that I am a serious leader.

Here is our coffee hour schedule:

Wednesday, July 7, 2010 at 7:00 pm

Kekaha Neighborhood Center

Tuesday, July 13, 2010 at 7:00 pm

Waimea Neighborhood Center

Thursday, July 22, 2010 at 7:00 pm

Hanapepe Neighborhood Center

Thursday, July 29, 2010 at 7:00 pm

Koloa Neighborhood Center

Friday, July 30, 2010 at 7:00 pm

Kilauea Neighborhood Center

Thursday, August 5, 2010 at 7:00 pm

Kalaheo Neighborhood Center

Tuesday, August 10, 2010 at 7:00 pm

Lihue Neighborhood Center

Tuesday, August 17, 2010 at 7:00 pm

Kapaa Neighborhood Center


I hope you can join us tomorrow night at the Kekaha Neighborhood Center. Stop by and say hello, and don't hesitate to ask the tough questions. It will be a fun evening for everyone. Take care and God bless.


Saturday, January 23, 2010

CAMPAIGN 2010 STARTS SOON

Campaign 2010 Starts on February 1, 2010. We are set to file our papers for the Kauai County Council race on that day. If you are interested in helping with our campaign, please call or email me. This will be an exciting campaign, and I need your help. You can reach me at 645-0243 or mrapozo@hawaiilink.net. Thank you.

Thursday, January 14, 2010

UNITED AIRLINES POLICY IS OUTRIGHT WRONG!

I have lost all respect for United Airlines, and will never fly on United unless absolutely necessary. I will state the facts and you decide if United Airlines is worthy of your business.

As you know, my mom has been a patient of the Mayo Clinic in Rochester, Minnesota since December of 2008. Since then, we have been to the Mayo Clinic on three occasions. On the current trip, we have been here since Saturday, and should be going home on Sunday. We were originally scheduled to leave tomorrow morning but my mom's doctor is requiring us to stay until Sunday.

Prior to our departure from Lihue, I purchased seating upgrades to Economy Plus for my mom and I. My mom gets up frequently and needs the extra leg room to stretch her legs and improve circulation. The total cost for the upgrades was $264. This was for 3 of the 4 legs of the round trip (4 legs total).

Yesterday, we found out that my mom's biopsy results would not be ready until tomorrow, after we were scheduled to leave Minnesota. We were forced to change our flights, and were lucky to get flights out on Sunday. When I called United Airlines for seat assignments, I was given seats in the back of the plane. I informed the agent that I had purchased upgrades to Economy Plus (this was reflected on the new itinerary) for the original reservations but she said that those upgrades were not refundable. I told her that I was not asking for a refund, but was asking that my purchase be carried over to the new flights. She said that United's policy did allow that, and if I wanted to upgrade to Economy Plus, I would have to pay the upgrade fees again. I couldn't believe that. I still cannot believe that. After about 20 minutes of mild arguing, it was clear that I was not going to get the upgraded seats, EVEN THOUGH I PAID FOR THEM. I'm curious as to how they record that income. They resold those seats to other people so in essence, they double-dipped. Simply outrageous.

In United's defense, they did send me an email with a $400 credit for a future flight on United Airlines. Of course, only certain flights are eligible and there are many restrictions. I cannot use this credit for a seat upgrades. It makes no sense.

As you can see, I am quite upset at what happened. In fact, I am so upset that I have contacted my attorneys, The Law Offices of Bervar and Jones, and they will be helping me recover my stolen money. It is a good think I have Prepaid Legal Services so I won't have to pay any attorney fees. Why should anyone have to go through this nonsense is beyond me.

There you have it. Maybe I am over reacting but I will not let this go. The airline industry is really laying it on the consumers. Their fees and restrictions continue to rise and the passengers are left with really no choice but to pay. It is not right. It needs to be fixed. Maybe legal action and a complaint to the Better Business Bureau will help a little. Have a great weekend.

Wednesday, January 13, 2010

SIMPLY UNBELIEVABLE!!

Planning Commission Denies Naue Burial Plea

By Michael Levine - The Garden Island
Published: Wednesday, January 13, 2010 3:10 AM HST


LIHU‘E — For the second time in as many months, the Kaua‘i Planning Commission on Tuesday rejected a petition arguing North Shore landowner Joseph Brescia has not complied with permits in building his single-family residence on top of multiple known burials at Naue.

The commission voted 5-2 to approve Brescia’s motion to dismiss a request by the Native Hawaiian Legal Corporation on behalf of Jeff Chandler and Nani Rogers seeking a declaratory order that would have served as a formal acknowledgment of Brescia’s non-compliance.

Such an order could have led the commission to reconsider its Dec. 8 vote to reject a similar request from the same parties asking the commission to revoke Brescia’s permits. The commission also denied a request for a reconsideration of that decision.

Calvert Chipchase, one of the attorneys representing Brescia, told the commission that they should dismiss the request for a declaratory order because “the evidence hasn’t changed, the arguments haven’t changed” since last month.

The requested order, had it been approved, would have made clear that the commission believes Brescia has not complied with Condition No. 5 of the building location, material and design review, approved in December 2007, which states, “No building permit shall be issued until requirements of the State Historic Preservation Division and the Burial Council have been met.”

“No building permit shall be issued until requirements of the State Historic Preservation Division and the Burial Council have been met.” This condition has not been met, therefore the building permits should never have been issued. PERIOD!!!

Commissioner Hartwell Blake, a former county attorney who joined with new Commission Vice Chair Herman Texeira to vote against the dismissal, asked why SHPD is considering the 15th iteration of the burial treatment plan after 14 rejections if its requirements have already been satisfied.

Thank you Commissioners Blake and Texeira!! Kauai thanks you and appreciates your courage!!

Blake said Brescia cannot possibly have met all of SHPD’s requirements because he does not even know what those requirements are because there is no approved burial treatment plan. Responding to his own rhetorical question whether Condition No. 5 has been met, Blake said, “The answer is no.”

Responding to his own rhetorical question whether Condition No. 5 has been met, Blake said, “The answer is no.”

The previously approved burial treatment plan was thrown into question in September 2008 when 5th Circuit Judge Kathleen Watanabe ruled Deputy State Historic Preservation Officer Nancy McMahon had violated state law by not properly consulting with the Kaua‘i-Ni‘ihau Island Burial Council before approving a plan that called for cement jackets above known iwi under the footprint of the house.

...5th Circuit Judge Kathleen Watanabe ruled Deputy State Historic Preservation Officer Nancy McMahon had violated state law by not properly consulting with the Kaua‘i-Ni‘ihau Island Burial Council before approving a plan that called for cement jackets above known iwi under the footprint of the house.

While Watanabe ordered that the process start from scratch, she also said in her ruling that the permits issued on the strength of that burial treatment plan would not be revoked and that Brescia could continue with construction on the house at his own risk, provided that doing so caused no irreparable damage to the burials and did not prevent access to them.

Deputy County Attorney Mauna Kea Trask, representing the Planning Department and largely aligned with Brescia’s legal team Tuesday, said a burial treatment plan could include fencing, landscaping or buffers for burials that are to be preserved in place, as the KNIBC has already determined will be the case for the Naue iwi.

"Deputy County Attorney Mauna Kea Trask, representing the Planning Department and largely aligned with Brescia’s legal team..."

Wow, I thought that the County Attorney's office supposed to defend the people of Kauai, and not align themselves with any private interest.

Attorney Alan Murakami of the NHLC said such protective measures would be “incompatible” with a house just feet above the burials, which is now nearly completed, and said Brescia and the county are “playing a guessing game” as to what course SHPD and the KNIBC will take with the iwi.

Trask argued revoking the permits now or even issuing a declaratory order stating the permit conditions have not been followed would fly in the face of Watanabe’s “bifurcated” order and would expose the county to a lawsuit by Brescia claiming the action is a “taking.”

Attorneys on the other side argued Watanabe’s ruling was delivered in a case that does not count the county or its Planning Commission among its parties and said the decision is not binding on the commission.

The Planning Commission must realize that they are an entity on its own. they must make decisions in the best interest of the people, not special interests. This is another example of the power of money. The people of Kauai have lost another battle to the rich and famous.

“The issue is not whether he had a permit. That’s undeniable,” said Harold Bronstein, an intervenor in the case on behalf of the North Shore ‘Ohana and Caren Diamond. “The issue is whether he violated the permit. And that’s undeniable.”

It is undeniable that the permit has been violated. There is no question about this.

Camille Kalama of NHLC said the petitioners were simply asking for an acknowledgment that conditions have not been met, telling the commission that “to say anything else is impossible.”

New Planning Commission Chair Caven Raco, who was among the five votes in favor of dismissing the petition, declined a request for comment during a brief recess following the agenda item.

Before the meeting got underway, former Commission Chair Jimmy Nishida was installed as Subdivision Committee chair, with Camilla Matsumoto, who was recently confirmed to her second three-year term on the commission, serving as his vice chair and Jan Kimura pegged as the third member of the subcommittee.

Monday, January 11, 2010

Out of State

Aloha everyone. I am currently in Rochester, Minnesota and will be posting as often as possible. I am here with my mom for her check up at the Mayo Clinic. The weather here is outrageously cold and we can't wait to get back to Hawaii on Friday. I am trying to keep up with the Hawaii news and hope to post some comments while I'm here. Once back home, I plan to kick the campaign into high gear. If you are interested in helping with Campaign 2010, please call of email me. We can always use help, and this will be an interesting and exciting campaign season. Until next time, take care and God bless.

Thursday, January 7, 2010

The Kaua`i Energy Sustainability Plan

And the news keep getting better. First, increased water rates. Next, possible increases in property taxes. Then, possible layoffs and furloughs. Now, the "experts" want the County of Kauai to increase the County fuel tax by 50¢ per gallon. Are they for real? Come on.

According to the study, which the Council approved $200,000 for,

"The Kaua`i County Fuel Tax should be raised an additional 50¢/gallon on gasoline and diesel to disincentivize their consumption, while building a Sustainable Ground Transportation Fund to provide incentives for alternative transportation, more efficient vehicles, and an integrated refinery for the Island, etc."

Wow. Just like that. Increase the burden on the people of Kauai. They want us to believe that increasing the price of gasoline and diesel will "disincentivize their consumption." This is not a disincentive, this is a PENALTY! This is PUNISHMENT! Did we pay $200,000 to be told to punish our people? Unbelievable! This plan is a joke. If anything, the government should incentivize behaviors that they want to see changed. In other words, if the government wants to see people move away from gas or diesel vehicles, provide incentives for those that choose to do so. DON'T PUNISH THOSE THAT CANNOT AFFORD OR DON'T WANT TO CHANGE!!

On another note, the study states,

"The County of Kaua`i’s Integrated Solid Waste Management Plan (ISWMP) update, currently before the County Council for adoption, recommends waste-to-energy (WTE) technology among a menu of options for managing the County’s solid waste stream. In addition to reducing the volume of waste processed by up to 90 percent, WTE is an energy source that could have a significant effect on generation capacity. In addition to being identified in the County’s ISWMP, WTE has also been identified by KIUC as one of its top two recommended renewable energy projects.

Although WTE could contribute to Kaua`i’s non-fossil fuel generation mix, there are clearly many questions regarding the use of this technology on Kaua`i which raise doubt as to when, or if, WTE will be implemented. Because of this uncertainty, we are recommending that WTE not be included in the plan’s "generation wedge" at this time, but that it be recognized as another potential source of renewable energy for Kaua`i that could be utilized in the future."


Again, we paid "experts" a lot of money to recommend to us that we not adopt the recommendations of another study that we paid lots of money for. Come on people, am I the only one that smells a rat? Competing studies? What's the sense? Which one is acting in the best interest of the people of Kauai?

This will be an interesting year for Kauai. Many tough decisions lie ahead. I can only hope that between the Mayor and the County Council, the best interests of the people of Kauai remain the priority. Only time will tell.

Wednesday, January 6, 2010

SHORT AND TO THE POINT

HAWAII, THE ALOHA STATE! WHERE ALL KIDS GET LEFT BEHIND!

Enough already. Stop the excuses and finger pointing. This "back and forth" is disgusting. The bottom line is that this State does not consider education a priority. Plain and simple. All the time and money being wasted on negotiations will not add more days to the school year. I actually believed that there was hope for our children. Damn, the school year is flying by and will be over soon. All this political talk is not helping our children. In fact, every day that passes with excuses from our leaders only validate the fact that the kids are not important. It is shameful. It is sad.

Hawaii has the least amount of instructional days in this country. What a designation. We worry more about attracting tourists to this state than about the future our keiki. The question is an easy one. Do we want to compromise the future of our kids by taking away their education or do we look elsewhere for fiscal solutions? I think the latter is the better direction. Yes, easier said than done but we must try. I have not seen a sincere attempt as of yet. It is obvious that the furloughs were planned long ago. It is obvious that there was never an honest attempt to keep our children in school. It was always about the money. Unfortunately, the social costs for this reprehensible course of action will be felt by all of us.

Monday, January 4, 2010

Tough Decisions in 2010

Well, the new year is here. 2009 is history and many of us are looking forward to a better year in 2010. I wanted to share some of the issues that will have to be dealt with in the upcoming year. Whether State or County, these issues are critical and need to be resolved. Although in no particular order, these issues are the ones that I believe will have the greatest impact on the people of Kauai. Here they are:


  • Education - last year was an embarrassing year for education in Hawaii. To furlough the teachers and take away instructional days from our children is simply unacceptable. As recent as today, the CNN website talked about the shortened school year for Hawaii. We have become the talk of the country, and clearly proved to the world that education is NOT a priority in the Aloha State. In Hawaii, every child was left behind. In 2010, the legislature must mandate minimum instructional days for our kids. I really don't care what the HSTA says! The children of Hawaii MUST be the priority. Politics must not interfere with the education of our children.
  • Economy - the State is headed for very tough times. The effects will trickle down to all counties. Money will be tight. The transient accommodation tax will be held by the State. Income tax returns will be delayed. Services will be cut. What will the County do? They only have two options. Cut spending or increase revenue. Revenue can only be increased by raising property tax rates. We cannot kid ourselves. Unless we drastically cut spending, starting with the Mayor's office and down to all departments, property taxes will rise. Also, user fees will have to be explored. We have to start by eliminating all expenditures for non-essential services. We have to get back to basics and fund only the core functions of government. We have to realize that we cannot have our cake and eat it too.
  • Solid Waste - according to County officials, Kekaha Landfill will be at capacity in 2014. I believe that it will be sooner. It takes approximately 7 years to construct a new landfill. This is if all goes well with the EIS process. This does not take into account land acquisition. It will take about 5 years to construct a waste to energy facility. Again, this is if all goes well with the EIS process. Add on land acquisition, planning and design, we really don't have time to waste. If condemnation is involved, the time period can be extended by 10 years. In other words, we are heading for a MAJOR public health issue in just a few years. The decision to place a landfill in the middle of the Kauai Coffee Plantation, the largest coffee plantation in the country, is a terrible mistake. The landowner, A&B Properties, have already stated their opposition to the plan. These lands that the County is planning to condemn has already been designated important ag lands by the State of Hawaii. This is a lose-lose situation and the Mayor and County Council should stop the process now before more time is wasted. Furthermore, we should also accelerate the transition to waste to energy. The studies have been concluded and it was clearly shown that Kauai can benefit from waste to energy technology without compromising an aggressive recycling program. As Nike said, JUST DO IT!
  • Vacation Rentals on Ag Land - although illegal under State law, the Council is considering passing a County law that would allow vacation rentals on lands zoned ag. This is a bad precedent to set, as the County should never attempt to circumvent State law. I'm not sure what the motivation is, but the word is that this law is close to being passed.
  • Environmental Protection - aggressive efforts must be taken to save our beaches and coastlines. Private landowners have made a mockery of our Planning Department. Illegal structures, manipulated shorelines, unpermitted uses, falsified permit applications, and the lack of enforcement have turned the north shore into a resort area. Enforcement is vital to ensure the protection of our resources. We are witnessing the destruction of our beaches and coastlines, and in some cases, even facilitating the damage.
As you can see, 2010 will be no walk in the park. We all have to make adjustments to survive. We must hold our leaders accountable. We have to let them know how we feel. Tough decisions will have to be made. Only time will tell.

Friday, January 1, 2010

HAPPY NEW YEAR!

We wish you Health...
So you may enjoy each day in comfort.

We wish you the Love of friends and family...
And Peace within your heart.

We wish you the Beauty of nature...
That you may enjoy the work of God.

We wish you Wisdom to choose priorities...
For those things that really matter in life.

We wish you Generousity so you may share...
All good things that come to you.

We wish you Happiness and Joy...
And Blessings for the New Year.

We wish you the best of everything...
That you so well deserve.

HAPPY NEW YEAR FRIENDS!

-Author Unknown