Straight From the Heart

PROCESS ALREADY EXISTS IN CHAPTER 205

2010-07-26T11:43:00.000-07:00

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?

2010-07-26T01:53:00.000-07:00

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 ordering 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?

VACATION RENTAL BILL ADVANCES

2010-07-25T09:55:00.000-07:00

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.

Save Kauai's Agricultural Lands

2010-07-24T19:29:00.000-07:00

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.

Coffee Hours to Begin Tomorrow Night

2010-07-06T19:54:00.000-07:00

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.

CAMPAIGN 2010 STARTS SOON

2010-01-23T03:51:00.000-08:00

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.

UNITED AIRLINES POLICY IS OUTRIGHT WRONG!

2010-01-14T20:45:00.000-08:00

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.

SIMPLY UNBELIEVABLE!!

2010-01-13T06:31:00.000-08:00

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.

Out of State

2010-01-11T07:02:00.000-08:00

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.

The Kaua`i Energy Sustainability Plan

2010-01-07T23:25:00.000-08:00

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.

SHORT AND TO THE POINT

2010-01-06T19:56:00.000-08:00

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.

Tough Decisions in 2010

2010-01-04T22:16:00.000-08:00

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.

HAPPY NEW YEAR!

2010-01-01T10:31:00.000-08:00

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

State Seeking Lessees for Ag Lots on Oahu and Kauai

2009-12-30T22:48:00.000-08:00

Just came across this article on http://www.honoluluadvertiser.com/. The State must really be desperate for cash. I wonder if the State will allow vacation rentals on these prime ag lands. I'm sure that some of our County Councilmembers would have no problem with that. Fortunately, our State is aware of the State law, and will only be allowing legitimate farming on these lands. Thank goodness for that.

Advertiser Staff

The Hawaii Department of Agriculture is accepting lease negotiation applications for five parcels of state agricultural land on Oahu and on Kauai.

The Oahu lots are in Waimanalo and are 5.1 acres, 3.7 acres and 1.4 acres in size. The Kauai lots are in Hanapepe and are 6.7 acres and 4.2 acres in size.

Applications should be submitted to the Agricultural Resource Management Division. The application deadline is Jan. 14 at 3 p.m.

The 35-year leases are for diversified agriculture only. Each parcel has an upset minimum annual rental and the lease will be issued by a negotiation process. In addition to the annual rental, each parcel has an additional rent of 1.5 percent of gross proceeds from the agricultural operation.

STALL TACTICS TO HUSH THE CROWD; CHILDREN LOSE AGAIN

2009-12-28T23:41:00.000-08:00

After all, it was just stall tactics to hush the crowd. There was never a sincere desire to get the kids back in school. Between the Governor and the HSTA, the children were never a priority. It was always about taking, not giving. Our poor children have lost again. This is simply disgusting. Shame on all of you that allowed this to happen. God help our children.

Lingle rejects plan to reduce Furlough Fridays
By Star-Bulletin staff and news services

Gov. Linda Lingle has rejected an agreement between the teachers union and education officials to end some furlough days and get students back in the classroom.

Hawaii State Teachers Association President Wil Okabe announced earlier today that the agreement, reached last week, had been approved by the union.

The agreement reduces the remaining 10 furlough days in the current school year to three, all of which would be taken at the end of the school year.

Okabe says $35 million from the state's rainy-day fund will be used to restore five furlough days, and teachers will give up two planning days.

Late today, the governor said the agreement is not a "viable solution" to restore 27 furlough days the rest of this school year and next.

"Today's proposal being floated in the media would use more than two-thirds of the $50 million offered by the governor and would only restore five days of instruction, the governor said in a statement.

"This arrangement is not a credible plan, it is not fiscally responsible and it is not sustainable," Lingle said.

FOR IMMEDIATE RELEASE - Mel Rapozo to Run for Kauai County Council in 2010

2009-12-26T13:11:00.000-08:00

Lihue, HI, December 26, 2009:

Mel Rapozo will try to return to the Kauai County Council, a seat that he held from 2002 – 2008, in 2010. Rapozo served on various Council committees for three consecutive terms, was the Council Vice-Chair during his last term, and served as the President of the Hawaii State Association of Counties. He is known for his advocacy for the island’s senior citizens, military veterans, natural resources, small business, affordable housing, and most importantly, his demand for accountability of County leaders.

“I am excited to begin the campaign for a return to the Kauai County Council. In the past year, I have had the opportunity to be on the “outside looking in” and it has been very enlightening. I realize that there are many pressing issues that face this County, and the current state of the economy will present many more challenges going forward. I feel that my past experiences as a Councilmember will be a valuable asset to the County. I want to return to serve the people of Kauai once again.”

Rapozo has been active in the community during the last year, participating in discussions related to the preservation of agricultural lands, shoreline protection, and the recent landfill site selection process.

Rapozo is currently organizing his campaign committees and will officially file his nomination papers on February 1, 2010.

MERRY CHRISTMAS

2009-12-25T00:05:00.000-08:00

From the Rapozo ohana, we wish you all a Merry Christmas and a Happy New Year!

The Focus Should be on Core Functions, Not Frills

2009-12-24T00:05:00.000-08:00

In December 2002, a special commission developed core functions to deliver the three goals outlined in Hawaii’s State Plan. The core functions developed by the commission to achieve the goals are as follows:

– Protect and improve public health and welfare.
– Protect and improve public safety.
– Provide public education.
– Promote a stable and strong economy.
– Protect and conserve Hawaii’s natural and cultural resources.
– Support and perpetuate Hawaiian values, culture, lands and trusts.
– Provide critical administration necessary for the operation of the above government functions.

We must fund the CORE functions of government and reduce our spending on all the non-core aspects of the budget. All the "luxuries" must he halted until we get our core functions, like education and public safety, back in shape. Sister cities trips, festivals, parades, etc. must be scrutinized during the next few years. This is the harsh reality.

The principles of core function analysis are very simple - to be effective and efficient an organization should focus its energy on its most important or core functions.

Kauai Getting Water Rate Increase on January 1. 2010

2009-12-23T00:05:00.000-08:00

And the good news continue. After all the furloughs, rising medical premiums, threats of loss County revenue and delayed tax returns, the County of Kauai will hit us one more time by raising our water rates. They tell us that this increase is based on a 2005 comprehensive study. That was almost 5 years ago, when the economy was in a much better place. Keep in mind that this action is coming from the same Water Department that is asking to be exempt from future furloughs? Come on people, WAKE UP! I thought this was a time for all to come together. I guess that doesn't apply to the Water Department. We wish you a Merry Christmas Department of Water.

Advertiser Staff

A water rate increase for Kauai is scheduled to take effect Jan. 1. The increase is based on a comprehensive study conducted in 2005 on the Kauai Department of Water's projected revenues and expenditures that recommended the implementation of a series of five annual 8.5-percent rate increases beginning in fiscal year 2006.

The water rate will increase from $2.90 to $3.20 per 1,000 gallons for the standard residential 5/8-inch meter within the first block (initial 20,000 gallon).

For the portion of the bi-monthly consumption that is between 20,000 and 40,000 gallons, the second block rate will be assessed. The increase in this category will be from $3.70 to $4.00 per 1,000 gallons.

The highest volume residential consumers with usage in excess of 40,000 gallons will pay a top rate of $6.00 per 1,000 gallons.

For more information on the water rate schedule, visit www.kauaiwater.org. Click on Water Board, rules & regulations, and then click on Part IV - Fixing Rates for the Furnishing of Water Service.

More budget hits on the way for Hawaii

2009-12-22T08:27:00.000-08:00

Honolulu Advertiser, December 22, 2009

Lingle wants to cut state benefits payments, take county hotel-room taxes

By DERRICK DePLEDGE
Advertiser Government Writer

Gov. Linda Lingle, trying to close a $1.2 billion budget deficit through June 2011, said yesterday that she would delay tax refunds from April until July and ask state lawmakers to scoop hotel-room tax revenues that now go to counties.

Lingle would also raise taxes on insurance commissions, stop paying life insurance premiums for state workers and retirees, and end the state's reimbursement of some Medicare costs for the spouses of retired state workers.

The governor preserves the state's rainy day fund and the hurricane relief fund as options in the event the economy does not improve and the deficit grows larger. The governor also did not call for any additional layoffs of state workers.

County mayors were disappointed that Lingle would take the hotel-room tax revenues and suggested that property taxes may have to be increased in response.

Lingle, a former Maui mayor, said mayors should be prepared given that lawmakers almost took the money last session.

"I tried to give them a heads-up about it over the past year, I think legislators have sent the same message, but it shouldn't be a surprise," the governor said at a news conference at the state Capitol.

Taxpayers will have to wait for their refunds. The delay is an accounting maneuver to get a one-time savings this fiscal year by not counting the refunds in the budget until next fiscal year.

"It's sort of everybody sacrificing so we can get through a crisis period," Lingle said.

Lowell Kalapa, president and chief executive officer of the Tax Foundation of Hawai'i, said he doubts the delay will have much of an impact because many people do not know if they are going to get a state refund until they file their taxes.

But Kalapa said it may send a message about the extent of the deficit.

"I think it sends a message to folks out there — taxpayers, consumers — that the state is really hard up," he said. "They cannot pay their bills."

fiscal maneuvering

Lingle would reduce the state budget this fiscal year by $522 million, mostly through labor savings from new contracts with public-sector labor unions, spending restrictions imposed on state departments, and debt restructuring.

The governor would save an additional $296 million through special fund and tax revisions, mostly by delaying the tax refunds for 90 days as allowed by state law.

These steps would enable the state to get through the fiscal year that ends in June.

For the next fiscal year, Lingle would reduce the budget by $378 million, primarily through labor savings and department spending restrictions, and pick up another $181 million by taking the hotel-room tax revenues from counties and other tax adjustments.

In all, Lingle closes a $1.2 billion hole through June 2011 and leaves a carry-over balance.

The total supplemental budget request is $10 billion for fiscal year 2011 — including $5 billion in general-fund spending over which the governor and the state Legislature have the most control.

The governor also wants to reduce the capital improvement budget this fiscal year by $30.4 million in general obligation bond funds. But she would increase CIP spending by $164.9 million next fiscal year, to $1.1 billion. The new construction spending would include $50.9 million for improvements at Honolulu International Airport, $31 million for a new facility at the University of Hawai'i-Hilo College of Hawaiian Language, and $10 million for repair and maintenance and construction at charter schools.

delayed impact

Scooping the hotel-room tax revenues from counties will likely spark a fight with mayors, who are facing their own budget deficits.

Last session, state lawmakers considered taking the hotel-room tax money from counties to help balance the budget but backed off after protests from mayors.

Lingle and state House and Senate leaders have made it clear for months, however, that the money would likely get diverted.

Unlike the state, counties avoided furloughs this fiscal year and have not made significant spending cuts because the impact of the recession on property taxes — the counties' main source of revenue — has yet to fully play out.

Lingle would divert hotel-room tax revenues from the counties for three fiscal years. Counties would lose an estimated $99 million next fiscal year: $44.5 million in Honolulu; $22.7 million on Maui; $18.5 million on the Big Island; and $14.4 million on Kaua'i.

Despite the warnings, the mayors were unhappy yesterday.

Big Island Mayor Billy Kenoi said he thought Lingle, as a former mayor, would understand how difficult losing the hotel-room tax money will be on counties. "The counties rely on the transient accommodations tax to balance their budgets, and for the state to take away that source of funding puts pressure on the counties to raise taxes at the county level," he said in a statement.

Honolulu Mayor Mufi Hannemann said he was disappointed. "I am disappointed that the governor would reverse from last session her position on taking the counties' share of the hotel room tax," he said in a statement. "In so doing, she is opening the door to the possibility that local residents will have to pay more in property taxes so that the counties can continue to provide essential services such as police, fire, paramedics and lifeguards for the state's No. 1 industry."

Kaua'i Mayor Bernard Carvalho Jr. said he was surprised. "We incur significant costs related to tourism including: parks maintenance, lifeguards; police and fire services, road maintenance, and the list goes on and on," he said in a statement. "Losing all of the TAT would be devastating to our budget and we are hopeful that there will be continued dialogue with the state on this matter before any decisions are made."

options offered

Lawmakers, over Lingle's veto, raised the transient accommodations tax last session to help with the deficit. The tax, popularly known as the hotel-room tax, is applied to operators of hotel rooms, apartments, condominiums, beach houses and other places rented to visitors.

Lawmakers offered to give counties the option of adding a local surcharge to the tax, but the mayors were not interested.

State House Speaker Calvin Say, D-20th (St. Louis Heights, Pälolo Valley, Wilhelmina Rise), said counties not only avoided furloughs but kept covering the 60 percent to 40 percent split in health care costs for workers while the state could not because of rising costs.

"They must have had a lot of money this fiscal year that the state of Hawai'i did not have," he said.

State Sen. Donna Mercado Kim, D-14th (Hälawa, Moanalua, Kamehameha Heights), chairwoman of the Senate Ways and Means Committee, said lawmakers will look at the long-term financial health of the state when considering Lingle's budget request.

"To me, the strategy on how we're attacking this is very important, because, to just find little pots of money, I mean, it's one thing. But then what do we do after those pots of money go?" Kim said.

Say and Kim, like Lingle, said they would try to avoid a broad-based tax increase to balance the budget, such as raising the state's general-excise tax.

'where does it end?'

Advocates for the poor and many parents and teachers will likely ask lawmakers to use the rainy day fund and the hurricane relief fund to restore some social-service spending and end teacher furloughs.

Say said there are other public demands to save state programs — such as school bus routes and vector control for rats. "Where does it end for the general public to understand?" Say said. "I thought they wanted us to downsize and rightsize state government?"

Lingle, a Republican who generally opposes tax increases, does have a tax hike in her budget request. The governor would raise the tax on insurance commissions from 0.15 percent to 4 percent, generating $20 million for the state.

The governor would save $12.5 million by not paying life insurance premiums for state workers and retirees and ending reimbursements for some Medicare costs for the spouses of retired state workers. The reimbursement reductions are in Medicare Part B, which covers a range of health-care items, including physician services, home health care and diagnostic tests.

The budget request also reflects the governor's layoffs earlier this year and zeroes out many vacant positions, eliminating 1,990 positions in all.

Additional Facts

STATE BUDGET

Gov. Linda Lingle has proposed cutting $522 million from the state budget to get through the fiscal year that ends in June. The governor has also proposed a $10 billion supplemental budget for fiscal year 2011 — including $5 billion in general-fund spending — a $378 million decrease from what was approved by lawmakers and signed by the governor after last session.

Here are some highlights:

• Save $275 million by delaying tax refunds from April to July.
• Scoop $99 million by taking hotel-room tax revenues that now go to counties.
• Raise $20.6 million by increasing taxes on insurance commissions.
• Save $12.5 million by not paying life insurance premiums for state workers and ending reimbursements for some Medicare costs for the spouses of retired state workers.

COUNTY CRUNCH

Gov. Linda Lingle wants lawmakers to scoop about $99 million in hotel-room tax revenues now given to counties to help close the state's budget deficit. Here is the breakdown of the county share and how much counties may lose:

Honolulu — 44.8 percent ($44.5 million)
Maui — 22.8 percent ($22.7 million)
Big Island — 18.6 percent ($18.5 million)
Kaua'i — 14.5 percent ($14.4 million)
Source: Lingle administration

The People Have Spoken

2009-12-08T20:54:00.000-08:00

I don't know how many people showed up last night, but my guess is that there were well over 200 people at the Convention Hall for the bike path meeting. Although I didn't speak to everyone personally, it was clear to me that the majority of people were not supportive of the Wailua Beach route. If not for the County officials and the hired consultants, I would say that the vast majority of attendees were in opposition of the bike path being constructed on Wailua Beach.

I did not go to speak, as I am quite sure that the decision to place the path over the burial grounds of Wailua Beach has already been made. I have made my feelings known and didn't think that I could change the minds of the decision makers that were present. I went to the meeting to learn. And learn I did. What I heard last night moved me. It moved me in a way that I never experienced before. I could not sleep when I got home. In fact, I was wide awake until well after 2am. I woke up this morning with a feeling that we need to continue this fight. No matter what, we cannot let this recreational path destroy the alive sands of Wailua Beach, or Mahunapu`uone, the sand dunes that conceal the bones.

Kehaulani Kekua, Ikane Alapai and Val Ako all confirmed the cultural significance of Wailua. After their testimonies, I had expected at least some of the proponents to change their minds. That didn't happen. I couldn't believe that anyone would publicly support the Wailua Beach route after these experts shared their knowledge. But still, some did.

For those that are culturally insensitive, and can only relate to money and prestige, Alan Murakami of the Native Hawaiian Legal Corporation shared the legal ramifications of proceeding, including violations of law. Quite an eye-opening session.

Going forward, I can only hope that our decision makers will do what is right. Of course, we all have different perceptions of what is right. After last night, it is very clear. We must leave Wailua alone. We must allow those that are buried there to rest in peace. We must show our appreciation by respecting them. Not with monuments, but by allowing them to rest, undisturbed.

SAVE WAILUA BEACH!

2009-12-07T00:05:00.000-08:00

Wailuanuiaho`ano has always held the distinction as one of the most sacred places in all of Hawai`i. It was the birthplace of royal ali`i, as well as the political and spiritual center for Kaua`i Island. From the ahupua`a’s pinnacle at the summit of Wai`ale`ale moving ma kai toward the shore, a series of major heiau are integrated into the landscape of the "Great Sacred Wailua". Oral histories and traditions detailed in our chants, ceremonies, religious and burial practices further confirm and maintain that the entire coastal ecosystem of sand dunes and beaches of the Wailua ahupua`a are known and documented burial grounds. Iwi kupuna, the bones of our ancestors were interned in these sands many, many generations before us. Known as, Mahunapu`uone, this place name clearly indicates its role in the life and death cycle of our küpuna as, "the sand dunes that conceal the bones".

The Mayor has decided to forge ahead to construct the pedestrian/bike path on the sands of Mahunapu`uone at Wailua Beach – a decision that we strongly feel was uninformed and misguided. We need your support in establishing an ALTERNATE ROUTE by steering the pathway OFF OF THE BEACH and toward the ma uka alignment BEHIND of Coco Palms.

Contrary to Path advocates’ claims that potential environmental, cultural and spiritual impacts have been addressed, THEY HAVE NOT. The path is only one of several development projects that are simultaneously occurring in Wailua. County, State and Federal authorities HAVE NOT COMPLIED with required laws and regulations, including Section 106 of the National Historic Preservation Act. The Environmental Assessment is flawed and inadequate for a region as culturally and historically significant as Wailuanuiaho`ano. Please join us in a unified appeal asking for an EIS (Environmental Impact Study). It is our shared duty to protect and care for our environment, culture and the sanctity of the iwi küpuna. We humbly ask for your presence and participation at this very important Public Information Meeting this coming Monday. Your support is needed!

Public Information Meeting
Wailua – Kapa`a Bike/Pedestrian Path
Kaua`i Convention Hall in Lïhu`e
Monday, December 7 – 6:30p to 8:30p

I'm Back

2009-12-06T18:08:00.000-08:00

Sorry for the week long absence. I was occupied for the entire week and had to take care of some medical issues on Oahu with my daughter. All is good and I will be posting regularly. Thank you for your patience.

Happy Thanksgiving

2009-11-26T08:43:00.001-08:00

As we sit back enjoy this wonderful holiday, let us not forget those that are less fortunate. Let us give thanks for all our blessings. And let us not forget our troops who are in harms way. Whether here or abroad, let us never forget what they are doing for us. And for our veterans and their families, especially those that have left us, you are not forgotten. God bless you all!

Call Your Councilmembers NOW!!

2009-11-24T23:08:00.000-08:00

Tomorrow, Bill 2298 will be heard again in the Planning Committee of the Kauai County Council. The agenda reads:

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS

This bill will grandfather illegal vacation rentals on ag lands until the Important Ag Land study is completed. It will legalize an activity that is prohibited under State law. This bill has been deferred for several meetings because of the legal concerns surrounding Chapter 205-5 of the Hawaii Revised Statutes. Chapter 205-5 clearly states that overnight accommodations are prohibited on lands that have been designated as agricultural. This bill will undermine State law and provide loopholes for illegal vacation rental operators.

From what I understand, only Kaipo Asing and Derek Kawakami are in opposition of the bill, mainly because of the conflict with State law. Please contact your Council members at CouncilTestimony@kauai.gov and tell them to vote NO on this bill. Your testimony to this email address will become part of the official record.

We have to stop this precedent setting action. This is only the beginning. The last Council did not entertain this because it was illegal. This new Council has a different vision. Let them know how you feel. Thank you.

The Future of Wailua Beach

2009-11-23T17:27:00.000-08:00

I heard some disturbing news today. I heard that Mayor Carvalho has decided to move forward with the plan to construct the bike/pedestrian path along the Wailua Beach. This is disturbing because Wailua Beach is a sacred Hawaiian burial ground. This is not a disputed fact. This is common knowledge. It seems quite unreasonable to move forward. I am anxious to hear his reasons for taking this course.

The route through Wailua Beach is simply disrespectful. Many people may not see the cultural significance of this issue, but I believe that the majority of Kauai residents do. Kauai is different. We are unique. I could go on and on about how we differ from the rest of the Hawaiian Islands, but I won't. If you don't know that by now, something is definitely wrong.

Being different is not a bad thing. We have survived many disasters because we are different. We have maintained a somewhat traditional lifestyle because we are different. We continue to enjoy many cultural traditions because we are different. For this, we should be thankful. For this, we should be grateful. For this, we should display the ultimate show of respect to the host culture. We owe this to the ancestors of this very unique place.

Many native Hawaiians have spoken out. Many non-Hawaiians have spoken out. Our leaders have not listened. For those that continue the push to desecrate the Hawaiian burial grounds at Wailua Beach, shame on you. We are only temporary visitors of this sacred place called Kauai. We are only passing by. While we are here, we must honor the host culture. We must respect the past and the present. We must not allow our personal agendas to get in the way of this wonderful culture. The Hawaiian culture is so very special. Please honor them. Please do not disturb those that have left us. Building a recreational path over known, sacred burial grounds is unacceptable. It is not pono. It is disrespectful. It is NOT the Kauai way.

What a Concept!

2009-11-20T23:41:00.000-08:00

The Honolulu Police Commission recently selected Honolulu's new Police Chief. They named Louis Kealoha, a 26 year veteran with HPD, as the new Chief. A Captain with HPD, Kealoha is a well-educated officer that has the respect of the rank and file, as well as the State of Hawaii Organization of Police Officers. It appears that HPD is on its way to improving the relationships between the administration and the rank and file. I wish them success as they move forward to a new era of leadership.

One of the most impressive things that I noticed about Chief Kealoha was his immediate acknowledgement of the fiscal challenges that he will be facing. Even more impressive was his plan to move forward. From the Honolulu Star Bulletin:

Kealoha said the budget restraints and cuts will give the department an opportunity to re-examine its structure to see where there is duplication of effort and to see what services might be transferred to civilians or the private sector.

He said he also wants to increase the role of volunteer staffing, perhaps by increasing the police reserve officer program.

I hope all of the government leaders throughout the State will follow suit. With the economy in a tailspin, now is the time to reassess the structures of government. Now is the time to cut all duplication of services and other wasteful spending of taxpayer funds. Although easier said than done, it all starts with the acceptance that changes need to be made. From that point, an honest and objective look at the entire operation must be made. Duplication of services are wasteful and need to be addressed. Cuts will have to be made, provided that public safety is not compromised.

To sum it up, Chief Kealoha said it best. He said:

"There's going to be big cuts," said Kealoha, interviewed later. "I believe this is the time we're going to demonstrate who we are. ... We're going to succeed through this, without compromising service to the community."

Good luck Chief Kealoha. We wish you well and look forward to a new and improved Honolulu Police Department. God bless and stay safe.

Better Business Bureau Starts Kauai Advisory Council

2009-11-17T22:55:00.000-08:00

About BBB

Vision: An ethical marketplace where buyers and sellers can trust each other.

Mission: To be the leader in advancing marketplace trust.

BBB accomplishes its mission by:

• Creating a community of trustworthy businesses.
• Setting standards for marketplace trust.
• Encouraging and supporting best practices.
• Celebrating marketplace role models.
• Denouncing substandard marketplace behavior.
• BBB does not compare businesses against each other, but evaluates businesses against its Standards for Trust.

BBB Standards for Trust

BBB Standards for Trust are a comprehensive set of policies, procedures and practices focused on how businesses should treat the public—fairly and honestly in all circumstances.

• Build Trust
• Advertise Honestly
• Tell the Truth
• Be Transparent
• Honor Promises
• Be Responsive
• Safeguard Privacy
• Embody Integrity

Full BBB Accreditation Standards at kauai.bbb.org.

About Hawaii’s BBB

• Established in 1945, Hawaii’s Better Business Bureau® (BBB) is the local authority on trust in the marketplace.
• BBB is an unbiased, nonprofit organization that sets and upholds high standards for fair and honest business behavior. Only businesses and charities that meet and adhere to BBB standards can receive BBB accreditation.
• Hawaii’s BBB provides objective advice, free business and charity reports, and educational resources on topics affecting marketplace trust. BBB also offers fair and timely dispute resolution programs for consumers and businesses.

Kauai BBB Advisory Council

Purpose

• Provide input from BBB Accredited Businesses on Kauai to Hawaii’s BBB and its board of directors.
• Work with BBB to better serve Kauai consumers, businesses, donors and charities
• Help BBB understand Kauai’s marketplace.

• Representatives of local BBB Accredited Businesses.

Members

Chairman, Mel Rapozo - M & P Legal Support Services, Lihue
John Belliveau – A/V Kauai, Kapaa
Lesther Calipjo – Kauai Foreign Cars, Lihue
Lori Cardenas - Aunty Lilikoi Products, Waimea
Candace Mack - Kauai Calls! Set Your Heart Free, Kapaa
Lani Phillips - Lani’s and Boyd Upholstery, Lihue
Ryan Thompson - Cypress Electric Communications, Kapaa

Kauai BBB Data

• 151 BBB Accredited Businesses.
• BBB Reliability Reports on approximately 700 businesses; almost 30 with F rating.
• More than 3,500 inquiries about Kauai businesses so far this year; 464 in October.
• 260 complaints against Kauai businesses.
• 49 business complaints from Kauai residents.
• Kapaa and Lihue in weekly top 10 traffic to Hawaii’s BBB Web site.

Contact Hawaii’s BBB

Web site: kauai.bbb.org
On Twitter: twitter.com/HawaiiBBB
E-mail: info@hawaii.bbb.org
Phone: 1-877-222-6551 (toll free)
Fax: 808-628-3970

Mayor’s Advisory Committee on Landfill Site Selection (MACLS) Meeting in Kalaheo

2009-11-17T00:01:00.000-08:00

Attention everyone. If you are concerned about the plans to site the new landfill in Kalaheo, let your feelings be known to your leaders on Thursday, November 19th, at Kalaheo Elementary School at 6pm. This is your opportunity to voice your concerns and get your questions answered. Many people have approached me about this very important issue, questioning the selection committee's decision to site the landfill in Kalaheo. This is a great chance to find out more information.

Personally, I find it strange that the County would disrupt an active agricultural operation by constructing a landfill in the near vicinity of the farm. As we continue to strive for sustainability, and the preservation of agriculture here on Kauai, placing a landfill in a viable coffee farm seems to be counter-productive. Also, the fact that the landowner is not a willing partner will not only delay the process by years, but also increase the cost substantially. I'm not sure if these factors were considered in the committee's decision.

No community wants a landfill in their backyard. The reality is that the landfill will have to go somewhere. I cannot believe that out of all the available locations on this island, Kalaheo was the best choice. I believe that the better choice would have been up on Maalo Road in Kapaia. This site is far away from neighborhoods, near the existing KIUC power plant (in the event we ever get a waste to energy plant), and not currently being used in active agriculture.

I hope the people of Kalaheo, especially the employees of Kauai Coffee Company, show up in force at this meeting. The consultants need to know what the feelings of the community really are. I understand that they may be soliciting comments for a future EIS. Let your feelings be known. Don't sit back and watch it happen. Get involved.

Lingle Calls For End to School Furloughs

2009-11-16T08:39:00.000-08:00

Hot off the press. The Honolulu Star Bulletin reports:

"The governor now favors taking $50 million from the rainy day fund to do away with school closings in 2010-11"

"Lingle said part of her decision to change her position and use the rainy day fund came from watching Hawaii debate the issue while she was traveling in China. She said the state needs to refocus on the economy and on creating jobs."

Hmmmm. I wonder if this has anything to do with the fact that, while she was in China focusing on the economy and creating jobs, the U.S. Secretary of Education publicly stated that Hawaii was at risk of losing future federal funds because of the stupid decision to reduce the number of instructional days. Or maybe because the entire nation was criticizing Hawaii for messing with our children's education. Or maybe because we are the laughing stock of the entire world, AGAIN!

Whatever the reason is, it is a little too late to do what should gave been done a long time ago. This doesn't change the fact that Lingle's priority was never the children.

GOD HELP OUR CHILDREN!!

TVRs on Ag Land May be Allowed by Council

2009-11-12T23:05:00.000-08:00

I have been informed by a very reliable source that the Council has the required votes to pass Bill 2298. This would allow TVRs on lands that are zoned agriculture. Although I am not surprised, I am terribly disappointed. Councilmembers Asing and Kawakami have both voiced their opposition to the bill, mainly due to Chapter 205-5 of the Hawaii Revised Statutes. It baffles me how the other 5 members of the Council have chosen to ignore this very important State law. This law is very clear and prohibits any overnight accommodations on ag land. For those of you that disagree or may not be familiar Chapter 205-5, here it is in its entirety:

§205-5 Zoning.

(a) Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts, other than in conservation districts. Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C.

(b) Within agricultural districts, uses compatible to the activities described in section 205‑2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205‑2 and 205‑4.5 may be further defined by each county by zoning ordinance. Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165‑2; provided that agricultural tourism activities shall not be permissible in the absence of a bona fide farming operation. Ordinances shall include but not be limited to:

(1) Requirements for access to a farm, including road width, road surface, and parking;
(2) Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;
(3) Activities that may be offered by the farming operation for visitors;
(4) Days and hours of operation; and
(5) Automatic termination of the accessory use upon the cessation of the farming operation.Each county may require an environmental assessment under chapter 343 as a condition to any agricultural tourism use and activity. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for plantation community subdivisions as defined in section 205-4.5(a)(12), for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.

(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:

(1) Low density residential uses;
(2) Agricultural uses;
(3) Golf courses, golf driving ranges, and golf-related facilities; and
(4) Public, quasi-public, and public utility facilities.

In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2. [L 1963, c 205, pt of §2; Supp, §98H-5; HRS §205-5; am L 1969, c 232, §1; am L 1977, c 140, §2; am L 1978, c 165, §1; am L 1991, c 281, §4; am L 1994, c 270, §2; am L 2005, c 205, §4; am L 2006, c 237, §5 and c 250, §3]

You be the judge. It is clear to me and many others. Why our local legislators are trying to legalize an illegal activity is beyond me. Maybe the pressure from the real estate community is too much for them to handle. If you feel that the County should leave the State law alone, let your Councilmembers know. Call or email them right away. Time is of the essence.

And The Judge Didn't Stop The Furloughs! Shameful!!

2009-11-10T16:47:00.000-08:00

Do you know if your kids go to Kauai High School, and because of block scheduling....in the month of Nov, they will have only 15 school days (7- A days and 8- B days). If math is on an A day...they will have math only 7 days in the entire month of Nov! December is worse...6 -A days and 5- B days! Tell me how can the teacher teach their subjects in such time, what is worse, how can the kids learn ?!!! For the entire 2nd quarter, they will have only 19- A days and 19- B days!19 days to learn Alg II, or Spanish, or etc..... our poor kids, they are getting "shafted" big time!

Here is a letter to one of the teachers at Kauai High School:

Thank you Mr. ** for your comments and suggestions to help **. If you don't mind, can I ask you a question in general? What are the KHS teacher's plans or directives with working around the furlough days? With less school days to teach, are the teachers revising their curriculum accordingly? It seems like it would be difficult to cover the same amount of material in less days? And it would be unfair to "double up" on the material because of less school days? Ultimately the kids would hurt the most, but what can we as parents expect with respect to the furloughs? Because of "block scheduling", in the month of November the students would have only 7 days of your class. Nov = 7 A days & 8 B days = 15 days of schooling. December is worse with only 6 A days and 5 B days! Because you teach math, it is harder for you, as a teacher to "cram" material into less days....and keep comprehension levels up. I believe you cannot "speed up" learning. I don't mean to "attack" you or put you on the spot, I just wanted to know what changes (if any) we can expect because of furloughs. Thank you for your time.

A Concerned Parent

IT IS TIME FOR CHANGE

2009-11-09T12:25:00.001-08:00

As our legislators sit back and watch the future of out keiki get compromised, we need to move to action. We need to initiate change ourselves. I am looking for people that will walk the walk, not talk the talk. I'm looking for people that are willing to MAKE CHANGE, not just talk about it. I am looking for THOUSANDS of concerned citizens to come together to DEMAND change from our legislators. If this issue does motivate people to get involved, nothing will. It is so sad to see that more people gave a damn about the Superferry than for our keiki. This is not right. People, let's PUT UP OR SHUT UP. If you are interested in joining this movement, let me know. More importantly, you need to pass this on. My email is melrapozo@gmail.com and I want to make sure that the future of our kids is the PRIORITY! I am looking at peaceful demonstrations, letter writings, political forums, etc. We need to change the laws to require minimums in instructional days. We need to bring local control to our school districts. This system is broken and we need to fix it. Please spread the word. Email me and lets all stand up and fight for our keiki.

GOD HELP OUR CHILDREN!!

Aiona: No Need for Special Legislative Session

2009-11-04T20:42:00.000-08:00

From the Star Bulletin Breaking News:

Lt. Gov. James "Duke" Aiona says there is no need to call a special legislative session to reduce or eliminate controversial teacher furloughs in Hawaii.

In a statement, Aiona today said a special session would be premature because the revenue picture for the fiscal year that ends June 30 would be unclear. Instead, he says state education and teacher union officials could reopen contract talks to discuss pay cuts or shift furlough days to non-instructional days.

He also said officials could agree to ease the process for parents and school principals to convert waiver and planning days into instructional time.

His comments mirror those of Gov. Linda Lingle and Republican legislators. Aiona intends to run for governor next year.

Why am I not surprised? Lt. Gov. Aiona is following in the footsteps of Gov. Lingle. It would be politically incorrect for him to go against the Governor. Unfortunately, I believe that this position will hurt him in his run for Governor. As I stated in an earlier post, I will not vote for anyone that did not help stop the shameful act of taking away instructional days from our kids. And believe me, tens of thousands of voters share this feeling.

Many are saying that it is too late for a special session. Why is it too late? Why are we stalling? Some legislators have told me that they will not support a special session unless the Governor agrees to it. Why not?

I believe that many of our legislators do not understand the impact that their silence on this issue will have on their bids for re-election. They are taking this way too lightly. People will not forget what happened to our kids. This shameful act has made national news. I saw a piece on ABC News and we really looked bad. This will spark many ex-voters to vote again. This will spark many non-voters to register to vote. Maybe this is a blessing in disguise.

God help our children!

Don't Know Who to Call?

2009-11-03T15:18:00.000-08:00

From Kanu Hawaii's website, here is a list of legislators, and their contact information, that have not yet supported the special session to address the furloughs. Here is the article:

List of Senators/Representatives on Furlough Fridays
By Safia Lehua Slater

This is a list of all Representatives and Senators who have not yet declared support for a Special Session to address Furlough Fridays. It will be updated daily. As legislators go on record in support of a Special Session, their names will be removed from this list. Click on the name of your Representative or Senator for a link to their contact info.

REPRESENTATIVES

Aquino, Henry J.C. - District 35
May be your representative if you live in zip code 96797
Email: repaquino@capitol.hawaii.gov
Phone: 808-586-6520 Fax: 808-586-6521 Room #: 310

Awana, Karen Leinani - District 44
May be your representative if you live in zip code 96707, 96792
Email: repawana@Capitol.hawaii.gov
Phone: 808-586-8465 Fax: 808-586-8469 Room #: 403

Cabanilla, Rida - District 42
May be your representative if you live in zip code 96706, 96797
Email: repcabanilla@Capitol.hawaii.gov
Phone: 808-586-6080 Fax: 808-586-6081 Room #: 442

Chang, Jerry L. - District 2
May be your representative if you live in zip code 96720, 96721
Email: repchang@Capitol.hawaii.gov
Phone: 808-586-6120 Fax: 808-586-6121 Room #: 435

Chong, Pono - District 49
May be your representative if you live in zip code 96734, 96744
Email: repchong@Capitol.hawaii.gov
Phone: 808-586-9490 Fax: 808-586-9496 Room #: 404

Coffman, Denny - District 6
May be your representative if you live in zip code 96725, 96739, 96740, 96745, 96750
Email: repcoffman@capitol.hawaii.gov
Phone: 808-586-9605 Fax: 808-586-9608 Room #: 317

Evans, Cindy - District 7
May be your representative if you live in zip code 96738, 96740, 96743
Email: repevans@Capitol.hawaii.gov
Phone: 808-586-8510 Fax: 808-586-8514 Room #: 425

Har, Sharon E. - District 40
May be your representative if you live in zip code 96707, 96709, 96797, 96860
Email: rephar@Capitol.hawaii.gov
Phone: 808-586-8500 Fax: 808-586-8504 Room #: 438

Herkes, Robert N. - District 5
May be your representative if you live in zip code 96704, 96718, 96725, 96726, 96737, 96750, 96771, 96772, 96777, 96785
Email: repherkes@Capitol.hawaii.gov Phone: 808-586-8400 Fax: 808-586-8404 Room #: 320

Ito, Ken - District 48
May be your representative if you live in zip code 96744
Email: repito@Capitol.hawaii.gov
Phone: 808-586-8470 Fax: 808-586-8474 Room #: 420

Karamatsu, Jon Riki - District 41
May be your representative if you live in zip code 96797
Email: repkaramatsu@Capitol.hawaii.gov
Phone: 808-586-8490 Fax: 808-586-8494 Room #: 302

Keith-Agaran, Gilbert S.C. - District 9
May be your representative if you live in zip code 96732, 96733, 96779, 96784, 96793
Email: repkeithagaran@capitol.hawaii.gov
Phone: 808-586-6210 Fax: 808-586-6211 Room #: 424

Lee, Marilyn B. - District 38
May be your representative if you live in zip code 96789
Email: replee@Capitol.hawaii.gov
Phone: 808-586-9460 Fax: 808-586-9466 Room #: 434

Magaoay, Michael Y. - District 46
May be your representative if you live in zip code 96712, 96731, 96759, 96762, 96786, 96791, 96854, 96857
Email: repmagaoay@Capitol.hawaii.gov
Phone: 808-586-6380 Fax: 808-586-6381 Room #: 432

Manahan, Joey - District 29
May be your representative if you live in zip code 96817, 96819, 96898
Email: repmanahan@Capitol.hawaii.gov
Phone: 808-586-6010 Fax: 808-586-6011 Room #: 421

Nakashima, Mark M. - District 1
May be your representative if you live in zip code 96710, 96719, 96720, 96727, 96728, 96743, 96755, 96764, 96773, 96774, 96776, 96780, 96781, 96783
Email: repnakashima@capitol.hawaii.gov
Phone: 808-586-6680 Fax: 808-586-6684 Room #: 319

Nishimoto, Scott Y. - District 21
May be your representative if you live in zip code 96815, 96816, 96826
Email: repnishimoto@Capitol.hawaii.gov
Phone: 808-586-8515 Fax: 808-586-8519 Room #: 441

Oshiro, Blake K. - District 33
May be your representative if you live in zip code 96701, 96782, 96819, 96861
Email: repboshiro@capitol.hawaii.gov
Phone: 808-586-6340 Fax: 808-586-6341 Room #: 439

Oshiro, Marcus R. - District 39
May be your representative if you live in zip code 96786, 96789
Email: repmoshiro@Capitol.hawaii.gov
Phone: 808-586-6200 Fax: 808-586-6201 Room #: 306

Pine, Kymberly Marcos - District 43May be your representative if you live in zip code 96706Email: reppine@Capitol.hawaii.gov
Phone: 808-586-9730 Fax: 808-586-9738 Room #: 333

Rhoads, Karl - District 28
May be your representative if you live in zip code 96801, 96802, 96803, 96804, 96805, 96806, 96807, 96808, 96809, 96810, 96811, 96812, 96813, 96814, 96817, 96827, 96837, 96840, 96841, 96843, 96846
Email: reprhoads@Capitol.hawaii.gov
Phone: 808-586-6180 Fax: 808-586-6189 Room #: 326

Sagum, Roland D. - District 16
May be your representative if you live in zip code 96705, 96716, 96741, 96747, 96752, 96756, 96769, 96796
Email: repsagum@Capitol.hawaii.gov
Phone: 808-586-6280 Fax: 808-586-6281 Room #: 426

* Say, Calvin K.Y. - District 20
May be your representative if you live in zip code 96816, 96822
Email: repsay@Capitol.hawaii.gov
Phone: 808-586-6100 Fax: 808-586-6101 Room #: 431

Shimabukuro, Maile S.L. - District 45
May be your representative if you live in zip code 96792
Email: repshimabukuro@Capitol.hawaii.gov
Phone: 808-586-8460 Fax: 808-586-8464 Room #: 406

Souki, Joseph M. - District 8
May be your representative if you live in zip code 96732, 96793
Email: repsouki@Capitol.hawaii.gov
Phone: 808-586-9444 Fax: 808-586-9499 Room #: 433

* Takumi, Roy M. - District 36
May be your representative if you live in zip code 96782
Email: reptakumi@Capitol.hawaii.gov
Phone: 808-586-6170 Fax: 808-586-6171 Room #: 444

Tokioka, James Kunane - District 15
May be your representative if you live in zip code 96715, 96741, 96746, 96756, 96765, 96766
Email: reptokioka@Capitol.hawaii.gov
Phone: 808-586-6270 Fax: 808-586-6271 Room #: 322

Tsuji, Clift - District 3
May be your representative if you live in zip code 96720, 96749
Email: reptsuji@Capitol.hawaii.gov
Phone: 808-586-8480 Fax: 808-586-8484 Room #: 402

Wooley, Jessica - District 47
May be your representative if you live in zip code 96717, 96730, 96744, 96762
Email: repwooley@capitol.hawaii.gov
Phone: 808-586-8540 Fax: 808-586-8544 Room #: 327

Yamane, Ryan I. - District 37
May be your representative if you live in zip code 96789, 96797
Email: repyamane@Capitol.hawaii.gov
Phone: 808-586-6150 Fax: 808-586-6151 Room #: 419

Yamashita, Kyle T. - District 12
May be your representative if you live in zip code 96768, 96788, 96790
Email: repyamashita@Capitol.hawaii.gov
Phone: 808-586-6330 Fax: 808-586-6331 Room #: 422

*Hold important leadership positions in the House.

SENATORS

English, J. Kalani - District 6
May be your Senator if you live in zip code 96708, 96713, 96729, 96742, 96748, 96757, 96763, 96768, 96770, 96779, 96788, 96790
Email: senenglish@Capitol.hawaii.gov
Phone: 808-587-7225 Fax: 808-587-7230 Room #: 205

* Hanabusa, Colleen - District 21
May be your Senator if you live in zip code 96707, 96792
Email: senhanabusa@Capitol.hawaii.gov
Phone: 808-586-7793 Fax: 808-586-7797 Room #: 409

Hemmings, Fred - District 25
May be your Senator if you live in zip code 96734, 96795, 96825
Email: senhemmings@Capitol.hawaii.gov
Phone: 808-587-8388 Fax: 808-587-7240 Room #: 221

* Kim, Donna Mercado - District 14
May be your Senator if you live in zip code 96701, 96817, 96819, 96859, 96861
Email: senkim@Capitol.hawaii.gov
Phone: 808-587-7200 Fax: 808-587-7205 Room #: 210

* Kokubun, Russell S. - District 2
May be your Senator if you live in zip code 96718, 96720, 96749, 96760, 96771, 96772, 96777, 96785
Email: senkokubun@Capitol.hawaii.gov
Phone: 808-586-6760 Fax: 808-586-6689 Room #: 407

* Sakamoto, Norman - District 15
May be your Senator if you live in zip code 96701, 96818, 96819, 96820, 96838, 96849, 96853, 96858, 96860
Email: sensakamoto@Capitol.hawaii.gov
Phone: 808-586-8585 Fax: 808-586-8588 Room #: 230

Slom, Sam - District 8
May be your Senator if you live in zip code 96815, 96816, 96821, 96824, 96825
Email: senslom@Capitol.hawaii.gov
Phone: 808-586-8420 Fax: 808-586-8426 Room #: 222

Takamine, Dwight Y. - District 1
May be your Senator if you live in zip code 96710, 96720, 96721, 96727, 96728, 96743, 96764, 96773, 96774, 96776, 96780, 96781, 96783
Email: sentakamine@capitol.hawaii.gov
Phone: 808-586-7335 Fax: 808-586-7339 Room #: 204

Tokuda, Jill N. - District 24
May be your Senator if you live in zip code 96734, 96744, 96863
Email: sentokuda@Capitol.hawaii.gov
Phone: 808-587-7215 Fax: 808-587-7220 Room #: 218

*Hold important leadership positions in the Senate.

Does Anyone Disagree With This Letter?

2009-11-02T23:10:00.000-08:00

The following letter to the editor was printed in The Garden Island newspaper. Please share your thoughts on this letter.

The Education Governor

A recent letter claims that Neil Abercrombie has not spoken out about teacher furlough days (“Don’t alienate anyone before a primary,” Letters, Oct. 28). Nothing could be further from the truth.

Congressman Abercrombie has been front and center on this issue. He met with President Obama’s education secretary, Arne Duncan, to talk about how the furloughs might affect Hawai‘i’s ability to get federal funds for education. Duncan responded by writing an opinion piece calling this furlough plan a mistake.

Abercrombie was the only gubernatorial candidate to show his support in person at the Oct. 23 rally at the State Capitol. Abercrombie shared his feelings with upset parents and students and stressed that these lost school days need to be restored now.

Other candidates have dodged reporter interviews or shrugged their shoulders with tired and lame excuses. For example, in a commentary last month in The Garden Island, Lt. Gov. Aiona said the administration had its hands tied. He wrote: “The decision to furlough teachers on instructional days was made by the Board of Education, the DOE and the Hawai‘i State Teachers Association.”

Days after that appeared, Gov. Lingle admitted she made a mistake and should have not have agreed to the collective bargaining deal that resulted in all these 17 lost days of classroom time.

Neil Abercrombie is the only educator running for governor and has consistently been endorsed by educators. He understands that it’s the students who come first; today, tomorrow and forever.Neil Abercrombie will be Hawai‘i’s long-overdue education governor.

IMPORTANT MESSAGE FOR ALL THAT ARE CONCERNED ABOUT FURLOUGHS

2009-11-01T00:51:00.000-07:00

To All concerned about the school furloughs:

Although there appears to be movement in the Senate to end the school furloughs, the battle is nowhere near over. It is VITAL that you e-mail, write or call Senator Hooser, Governor Lingle, and Representatives Tokioka, Morita, and Sagum, and let them know that 34 days of lost school days is unacceptable. One legislator recently commented that they have not been getting enough public input, given the importance of this issue. PLEASE TAKE 3 MINUTES to call, e-mail, or write to them. If you don't know which Representative is yours, contact them all. Also, my feeling is that there are a lot of moms writing in. If every husband/boyfriend did so as well, we would double the testimony in favor of ending school furloughs! Here is their contact info:

Governor Linda Lingle
State Capitol, Room 415
Honolulu, Hawai`i 96813
Phone: (808) 586-0221 or 586-0222 or 586-0034
e-mail:governor.lingle@hawaii.gov

Senator Gary Hooser
Hawai'i State Capitol, Room 214
415 South Beretania Street
Honolulu, HI 96813
Phone 808-586-6030
from Kauai, toll free 274-3141 + 66030
e-mail:senhooser@capitol.hawaii.gov

Representative (District14) Mina Morita
Hawaii State Capitol, Room 314
415 South Beretania Street
Honolulu, HI 96813
phone 808-586-8435
fax 808-586-8437
from Kauai, toll free 274-3141 + 68435
e-mail:repmorita@capitol.hawaii.gov

Representative (District16) Roland D. Sagum III
Post Office Box 25
Lawai, Kauai, Hawaii 96765
phone: 652-9811
e-mail: repsagum@capitol.hawaii.gov

Representative (District 15) James Tokioka
Hawaii State Capitol, Room 322
415 South Beretania Street
Honolulu, HI 96813
phone 808-586-6270
from Kauai, toll free 274-3141 + 66270
e-mail:reptokioka@capitol.hawaii.gov

Sound Familiar?

2009-10-30T22:52:00.000-07:00

Maine Democratic gubernatorial candidate Rosa Scarcelli has been vocal in her opposition of shut down days. Through her Twitter account Scarcelli has expressed a strong opposition to the idea. “Could there be a worse idea,” Scarcelli said. Dirigo Blue published an email from Scarcelli which argued against shut down days.

For a state that already has one of the shortest school years in the country, there has to be a better solution. That we’re even considering a plan to balance the state budget on the backs of school children and their parents with one-time, quick fixes like school shutdown days clearly shows how bad our state’s budget problems have become. And it shows why we need a change of direction in Augusta.
Consider the ramifications. Parents will have to take time off from work or find childcare for their children. Low-income families that rely on the school lunch program will pay more to make sure their children get enough to eat. The interruption in classes will be difficult for teachers too, who are already hard-pressed to find the time to comply with state and federal mandates.

We can’t rely on a band-aid approach. We need strong financial management and more creative, bold thinking. Have we truly looked at all the options? School officials say shutting down the schools for a few days a year will save on heat and electricity costs. Maybe local school districts should consider more vacation time in the winter when heating costs are high and extending the school year into the summer.

I guess we are not the only warped-minded State. In Augusta, Maine, the government tried to do the same thing. Stephen Bowen of the Maine Heritage Policy Center believes that shut down days are a terrible way to balance the education budget. Bowen offers several alternatives that should be considered. School consolidation, which the state has fumbled badly, was an opportunity to “generate real savings by cutting down on over-administration and duplication of services. The approach I proposed, which was to create regional “service districts” that handled back-office operations, facility maintenance, transportation and so forth for a number of districts, would have saved millions without completely restructuring the entire system by which our school districts are organized and run.”

I think it is time we call for a performance audit on the Department of Education. They have had their chance to improve education for our kids. I think it may be time to move to local school districts. Local control of our schools appears to be the answer. The current system, where the State controls our educational system, simply does not work. Local school districts with their respective school boards would bring local control to our schools. Local accountability and local answers. I'm sure many will disagree but the current system is not working. It's time for a change. It's time for our kids to become the priority once again.

Lingle traveling to China to promote Hawaii tourism, build partnerships

2009-10-28T22:20:00.000-07:00

Honolulu Advertiser breaking news on the internet. My question is simple. Shouldn't we be investing in our kids' education before tourism and partnerships?

Lingle acknowledged that she will be leaving the state during a debate over an estimated $1 billion budget deficit through June 2011 and public backlash over teacher furlough days.

But the governor said it is equally important for the state to look to increased business development and prepare for the economic recovery.

Maybe I'm just totally off track. Sorry for the short post but I know I will say the wrong thing if I continue. I'll just go to my room and breathe. This is really draining on the body and the mind. Good night.

Legislators, Please Rise to the Occasion

2009-10-27T21:50:00.000-07:00

Below is a letter that was written to House Speaker Calvin Say from a concerned parent on Kauai. This same parent has also been trying to get some answers from the Governor's office for quite a while. The question is a simple one. Did the State receive federal stimulus dollars for education, and if so, where did all the money go? Of course, she has not received any answers.

Dear Representative Say:

Two years ago when you were considering convening a special session to draft legislation to keep the Hawaii Superferry operating, you were quoted in the Honolulu Advertiser as saying,"For me, when you have a crisis, that's when you're supposed to rise to the occasion.

"The State has a crisis today - with our schools closed for 34 days over the next two years and with the shortest school year in the country (and the state with the second fewest number of days has 10 more days than we do).

I expect you to lead the House of Representatives to rise to the occasion for our schools, the way you did so swiftly for the Superferry - a single business -- two years ago. Please gather support in the House for this important initiative.

If you haven't already done so, please read the online petition directed to the legislators and Governor Lingle. It has more than 2500 signatures - at www.thepetitionsite.com/1/hawaiieducationmatters

Thank you,

Mother of two children in public schools

Graduate of Kapaa High School, University of Hawaii-Manoa, & the William S.Richardson School of Law

Representative Say has publicly stated that he will not support a special session to try and end the school furloughs. Yes, he pushed hard for the special session for the Superferry a few years ago. Apparently, the Superferry fiasco rose to the level of a "crisis" but the education of our children does not. Auwe! Shame, shame!

From the Pacific Business news, October 24, 2007,

Special session opens on Superferry bill

The Hawaii Legislature went into special session Wednesday to consider legislation to help get the Hawaii Superferry back into operation.

The Superferry suspended its interisland operations in late August, following a court order and community protests.

Gov. Linda Lingle on Tuesday ordered lawmakers to convene, stating that "a large capacity interisland ferry is in the public interest and proposed legislation to allow its operation and harbor improvements to continue to be constructed, while environmental review are conducted, require immediate action by the Legislature."

Back in 2007, the Governor and the Legislature felt that saving the Superferry was in the public interest and special legislation was required. This could only be done via a special session. Are they saying that the Superferry was more important than the future of our children? I sure hope not. I guess we will find out soon enough. God help our children.

"I can't tell you why we didn't go for wage reductions or holidays" -- Garrett Toguchi, Board of Education Chairman

2009-10-26T00:30:00.000-07:00

Many of us wonder why furloughs were ordered. Many of us feel that other avenues should have been explored. In yesterday's Star-Bulletin, we start to see the rationale, or lack thereof. According to the Star-Bulletin,

In Star-Bulletin interviews with key players, differing versions emerge about who first raised the furlough idea. But it is clear that other options -- such as straight pay cuts or widespread across-the-board layoffs -- were rejected by both the unions and employers early in the negotiation process.

Wil Okabe, president of the HSTA, stated that the decision to furlough was simply based on dollars. It was the best method to save the State money. It is clear that the education of our children was not considered. The fact that the furloughs were set for instructional days versus non-instructional days validate this theory.

The article further states,

Asked why the union did not look to either taking the furloughs during other times, such as at the end of the school year, Okabe said it would have affected other unions such as the UPW and also might have cut teacher's service credits because they would not have worked enough in the spring quarter to earn service credits for retirement.

This makes no sense. With the current furlough schedule, UPW workers are now reporting to work at empty schools. How much sense does that make? Mr. Okabe was worried about service credits for the teachers' retirements but not about the number of school days that our children would lose. Come on, Mr. Okabe. Can't you come up with a better excuse? We are not stupid.

Unfortunately, our children will end up the losers in this battle. Hopefully, the lawsuit filed by Mr. Seitz will change things. I am hopeful that it will. But until then, we can only watch as this State continues its tailspin. I would have hoped that regardless of the economic crisis here in Hawaii, our children would have been protected. Well, they haven't. They continue to be used as pawns in the battle between the government and the labor unions. This is shameful. Our kids are our future. After all, isn't that what ALL the politicians profess when they are running for office?

Need I Say More?

2009-10-23T15:48:00.000-07:00

From today's Honolulu Advertiser:

Hawaii erred in cutting education
Reduction in school days is not the way to invest in education
By Arne Duncan, U.S. Secretary of Education

Our country is at a crossroads. The economy is in its worst recession in a generation. State and local tax revenues have been hit especially hard in the economic downturn. We need to make sure our important government services are sustained during our nation's economic troubles.

At the same time, we need to invest in our future. Too many of our schools are not preparing students for success in college and careers.

The statistics are troubling. On international tests, American students are struggling to compete with their peers around the globe. Twenty-seven percent of the nation's ninth graders don't finish high school within four years. In Hawaii, 36 percent of freshmen don't complete high school on time.

As a nation, only 40 percent of our adults complete a two-year or four-year college degree. That was good enough to lead the world a generation ago. But today it puts us behind our international competitors. Now more than ever, we need to invest in schools so we can educate our way to a better economy.

Hawaii has been making progress on student achievement. Over the 20 years that the National Assessment of Educational Progress has been given to states, Hawaii students have recorded steady gains.

Now, however, Hawaii is cutting 17 days from the current school year. All states are under financial pressure, but none are cutting this much learning time from their school year. This is a step in the wrong direction. It's inconceivable to me that this is the best solution for Hawaii.

President Obama and Congress worked together to pass the American Recovery and Reinvestment Act, also known as the Recovery Act. The law includes $100 billion for education. Of that, $40 billion or more will help states avoid devastating cuts in K-12 education and drive reforms in states. My department has already made $105 million available to Hawaii from this stabilization fund. Hawaii is eligible for $52 million more when we release the rest of those funds later this year. In total, Hawaii's schools and students are scheduled to receive more than $500 million from the Recovery Act.

In addition, my department has $5 billion for competitive grants to advance school reform. The $4.35 billion Race to the Top Fund will reward states that are leading the way in reform and making education a priority. The $650 million Investing in Innovation Fund will go to districts that are advancing research-based programs to improve student achievement.

I understand that Hawaii is feeling the pain of the economy more than many states. The tourism industry is struggling. The unemployment rate is climbing. Investments in commercial real estate are declining. Tax revenues aren't meeting your budget projections. These are tough times, I know. But now is not the time to decrease investment in education. Hawaii's economic problems should not be creating an educational crisis for its children.

I was disappointed to learn that Hawaii has started closing its schools on most Fridays and will reduce the 2009-10 school year by 17 days. Sure, students may like the three-day weekends now, but I know they also realize that they will lose out in the long run if they don't receive the education they need and deserve. They understand that they won't be prepared for success in the global workforce if we cut back on the amount of time they spend in school.

Since becoming secretary of education in January, I've urged states and districts to increase the amount of time students are learning. Our competitors across the globe are doing that — and they're reaping the economic benefits of a well-educated work force.

School districts across the country are using Recovery Act funds to lengthen their school days or school years. During my seven years as CEO of the Chicago Public Schools, I saw schools that extended learning time make gains in student achievement. When done right, extended learning time allows schools to creatively add activities that reinforce what students learn during the regular school day and expand student participation in the arts and other enrichment activities.

I will work closely with Hawaii's Congressional delegation. But solving this problem will take more than federal assistance. The people in Hawaii must come together to create a solution. Elected officials, educators, union officials, community leaders and parents must work together to do the right thing for Hawaii's children.

There has to be a better solution than cutting more than three weeks from the school year. Even in these difficult financial times, we have to invest in our children's education — not reduce their opportunity to prepare themselves to succeed in the global marketplace.

Arne Duncan served as CEO of the Chicago Public Schools from 2001 through 2008, prior to becoming U.S. Secretary of Education under the Obama administration.

One of the Many Public Comments

2009-10-23T01:58:00.000-07:00

From the Star Bulletin website comments:

"so typical... here they are in the eleventh hour threatened with a law suit and they are scrambling to do what they should have done in the first place...lengthen that silly short day of school (should have done that years ago) and swap "training" days for instructional days. I would like to see attendance stats for these training days going back 5 years....if you add up potential paid days off for doe employees it is well over 50 per year(vacation,sick,training,ho lidays,etc) how about actually teaching where does that come in. I dont blame theteachers..they are vistims and pawns in all this...it comes from the top.lack of leadership,no moral authority to do the job assigned to them.its the politicians who fo ryears have neglected to lead and allow the unions to get out of control and to basically run the show.Why cant we take a look at the best school districts in our country and emulate them..some things are done better on the mainland and educating children is one of them"

If you read the online comments on the Honolulu Star Bulletin and Honolulu Advertiser websites, you will see a common thread. The people are unhappy. They are very unhappy that we have come to this. To reduce the number of instructional days is simply unacceptable. Yes, a lawsuit has been filed. Yes, people are scrambling to try and change things. Yes, people are playing the blame game. No matter what happens, the fact remains that the State of Hawaii did not consider education a priority. They felt that the education of our children took a back seat to everything else.

As you know, this story made the Associated Press. The media across the country have access to this story. Many newspapers carried the story so now the whole world knows about Hawaii's love for their children. Boy, do we look good.

A special session by the legislature could rectify this problem. The problem is that the Governor is not inclined to support that. Why not? Without the Governor's support, the legislators are hesitant to convene. I say that they convene anyway and let the Governor veto their actions. Plain and simple. This crisis must not be political. The politicians can flex their muscle with all the other issues, but not our kids' future. Come on people, it is time to do the right thing. It is time to take care of our kids.

What Did They Think Would Happen?

2009-10-21T23:50:00.000-07:00

According to Breaking News on the Honolulu Star Bulletin website, "Two lawsuits seek to halt 'furlough Fridays' at Hawaii public schools"

What did our leaders think would happen? Did they think the people of Hawaii would just sit back and allow this to happen? Did they think the the people of Hawaii would agree with them that education is not a priority? The article states:

Lawyers representing public school students, in both regular and special education, have filed two separate lawsuits in U.S. District Court seeking to block "furlough Fridays."

The complaint notes that parents enrolled their children in public schools on the assumption that the school year would be 180 days, and then the state decided unilaterally to shut down schools for 17 days this year. It also says the decision disproportionately affects certain classes and racial groups.

The suit alleges that the furloughs are an unlawful change in programs and services the disabled children receive. Federal law allows changes to such special education services only if parents agree or a hearing officer or court finds the change appropriate for the child.

Attorney General Mark Bennett said that the DOE plans to go ahead with the furloughs, adding that he didn't think a request from Seitz for an injunction would be granted. "I believe the DOE has negotiated appropriately with (the Hawaii State Teachers Association) and I don't believe there is a viable cause of action," he said. Apparently, Mr. Bennett is more concerned with the union negotiations than he is with Federal law. I guess we will see what the Judge thinks.

I commend these attorneys for stepping up to the plate when our leaders failed to do so. These lawsuits were filed in Federal Court and will hopefully receive immediate attention. It is sad that this road had to be taken. The people of Hawaii spoke loud and clear but our fearless leaders chose not to listen. The attorneys warned the State of litigation but the State did not listen. The State decided to ignore the warnings and now we will be in court. At least we know that the Governor won't be able to "pressure" the Federal Judge into making a decision that will benefit the State. I am very optimistic that the Plaintiffs will be victorious in this case.

The underlying message is that Hawaii does not consider education a priority. We didn't learn from the Felix lawsuit years ago. From the June 2, 2005 Honolulu Advertiser:

It is indeed shameful that it took a lawsuit (known as the "Felix" lawsuit because it was originally filed on behalf of Maui student Jennifer Felix) and more than 10 years of tough, uncompromising court supervision to get us where we are today. Many millions of dollars later, the state now is providing a "free and appropriate" education to most, if not all, of its special-education students. The cost of reaching this landmark was astounding, in part because Hawai'i was forced to play catch-up after years of failing to fully meet its obligations to these students under the law.

Hopefully this will be resolved without lengthy and costly litigation. I doubt it, but I am hopeful. Based on the comments made by many of our leaders, it appears that we will not see a "peaceful" resolution to this very serious matter. God bless our children.

First Furlough Friday Coming Up

2009-10-20T22:10:00.000-07:00

Well, I guess our voices have fallen on deaf ears. Furlough Fridays are going to happen. I had hoped that our leaders would have come to their senses by now, but I was wrong. Our children have been held hostage and at the end of the day, will end up the losers. What a shame. This State has made a clear statement to the rest of the country. Education is not a priority here. It never was. No matter what we've been told over the years, the proof is in the pudding. The State of Hawaii is willing to compromise the education of our children to balance a budget that includes careless and irresponsible spending.

The fact that the State and the HSTA decided to take the furloughs on instructional days is clear that our children was never considered in the negotiations. To even consider taking away instructional days from our children is shameful. I have heard a lot chatter from elected officials lately, about how we must stop this. Where were they when they could make a difference? Why wait until a week before the furloughs to try and fix it? Politics is a way of life, but we must keep it away from the future of our kids.

Hawaii is already known for low test scores and a substandard educational system. These furlough days will only make it worse. Can you imagine shortening an already shortened school year? What possible justification can there be? I can't believe that the State has allowed this to happen.

As I stated in an earlier post, next year is an election year. Please remember those that forgot about our children. They don't deserve to be in office. Harsh words? Damn right. This is a serious matter and we must hold our leaders accountable. Our children are our future. What is happening is not acceptable. No Child Left Behind? In Hawaii, it is All Children Left Behind! God help our children.

Furloughs and Layoffs Only Temporary

2009-10-16T22:26:00.000-07:00

With all the discussions about furloughs and layoffs, what I haven't really heard is a plan for the future. These drastic measures are only temporary. They will not fix the problems caused by big government and irresponsible spending. The problems we face today will not be easily resolved. The culture of government has to change. Furloughs and layoffs are temporary fixes. What will we do next year? And the year after that?

From today's Star Bulletin,

Savings are estimated to be about $204 million over the fiscal biennium, which ends June 2011, according to the Governor's Office.

"The savings that we're going to get from the furlough plan -- it will be substantial, but it won't even come close to closing the budget deficit that we have," Lingle told reporters.

Also in the article,

With state revenues continuing to decline, Lingle said she would continue to explore all other cost- cutting options, including further spending restrictions on state departments and refinancing of debt.

Shouldn't we have explored "all other cost-cutting options, including further spending restrictions on state departments" a long time ago? Maybe before we decided to go on all those national and international junkets under the guise of visitor industry promotions. Before we spent so much on travel and conferences for non-essential purposes. How about before we decided to send a highway engineer to Kauai, from Oahu, EVERY DAY to observe the limited number of highway jobs on Kauai? I could go on and on but I think you all get the point.

We are a government of waste, like many other governments throughout the country. What disturbs me here in Hawaii is that we are trying to fix our fiscal problems at the expense of our children. When you look at classes of employees, you have essential and non-essential employees. Police officers, medics, and firefighters are essential to the safety of the public. School teachers are essential to the future of our children. Why are we messing with them? Why can't we see the long-range problems that a reduction of 17 days from the school year will cause. I am still hoping for a miracle. I am hopeful that the furloughs will be called off. Maybe I am a dreamer. We'll see what happens.

Cell Phone Ban Coming Soon to Kauai

2009-10-15T22:27:00.000-07:00

According to an article on the Garden Island newspaper's website,

"First-term Councilman Derek Kawakami intends to introduce a bill in coming weeks that would make it illegal for Kaua‘i drivers to use handheld electronic devices when behind the wheel."

This is a great thing and Councilman Kawakami should be commended. We all know how convenient it is to use cell phones while driving but we also know how dangerous it can be. This is a great move that will make Kauai's roadways even safer for all of us.

We've seen the results of cell phone use while driving. This distraction is responsible for many accidents, many of which end up in serious injury or even death. I hope this bill gets to the Council floor soon, and there are no delays in it's passage. This bill will save lives.

It amazes me how people can drive their vehicles while talking on the phone, putting on makeup, messing with their stereos, all at the same time. Multi-tasking is a great skill, but should not be practiced while driving. It is tough enough focusing on driving on Kauai's roads. The additional distractions of the use of electronics are simply unnecessary. Let your Councilmembers know that you support this very important bill. Thanks Councilman Kawakami.

Furlough Friday Rally

2009-10-14T23:23:00.000-07:00

Lihu`e, Kaua`i, HI (October 13, 2009) - All parents, students, teachers, and members of the public are invited to a rally to send a message to the Governor, State Legislature, and the Department of Education, and Hawai`i State Teachers Association that 17 Furlough Fridays this school year are not acceptable. The rally will be held at the State Office Building on Friday, October 16, 2009, from 3:00 to 4:00 p.m. The rally is being organized by parents of public school students.

“A special session of the State Legislature is needed to find a long-term funding solution that does not sacrifice instructional days for our youth,” said Tracy Murakami, parent of children attending King Kaumuali`i Elementary and Kapa`a Middle Schools. “Action is needed NOW,” said parent Jack Yatsko, Kapa`a Elementary School PTSA Board Member. “It is unacceptable that Hawaii public schools would have the fewest instructional days in the Nation if the furlough is implemented."

The rally is intended to show public outrage over decisions to reduce 17 instructional days this school year. Rally organizers ask that participants wear school colors and/or uniforms, protest with aloha, and use this as an opportunity to teach our youth about our basic democratic right to free speech. More information about the rally can be found on the Kaua`i Planning and Action Alliance website at: www.kauainetwork.org.

What Will They Do?

2009-10-13T22:07:00.000-07:00

Tomorrow will be a historic day for Kauai. The Kauai County Council will be discussing two bills in their Planning Committee, under the direction of Planning Committee Chair Jay Furfaro. The two bills, 2298 and 2319 are described below:

Bill No. 2298 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS
(Deferred 9/16/2009)

Bill No. 2319 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8, Kaua'i County Code 1987, relating to Shoreline Setbacks and Coastal Protection)
(Deferred 9/16/2009)

Bill 2298 will allow transient vacation rentals on lands that are zoned agriculture. This is a flawed bill as the State law clearly prohibits overnight accommodations on agriculture lands.

Bill 2319 will exempt certain projects from the State's MANDATORY shoreline certification process. Like Bill 2298, this is a flawed bill because the State MANDATES that a certified shoreline be completed whenever construction occurs near the shoreline.

Tomorrow we will find out where our Councilmembers stand on the issues of preservation of natural resources and the protection of ag lands. What is disturbing is the fact that we are entertaining these bills. They VIOLATE State law. These bills should be killed in the Planning Committee tomorrow. The County does not have the authority to circumvent State law. This is a bad precedent to set. Kauai is special. Let's join together to protect her. Please let your legislators know how you feel. This is vital to our culture.

Golf Tournament for Mom

2009-10-12T22:46:00.001-07:00

Aloha friends. As you may know, my mom Jessie Sam Fong was diagnosed with kidney cancer late last year. She lost a kidney to cancer back in 1992 and had only one kidney remaining. Her doctor on Kauai said that her only option was to remove her remaining kidney and go on dialysis for the rest of her life. We called around the country and learned that the Mayo Clinic in Minnesota was willing to give us a second opinion. In December, we made the trip to Minnesota and learned that surgery to remove the 6 tumors on her remaining kidney was possible, but chemotherapy would be needed first to hopefully shrink the tumors. We stayed in Minnesota for 3 weeks then returned home where mom went through 7 gruelling months of chemotherapy. On August 10th, we returned to Minnesota and mom had her first surgery on August 13th. After 7 weeks, and 6 total surgeries, mom returned home and is recovering well. Her kidney was saved and she requires no dialysis or other treatments. We appreciate all the thoughts and prayers that helped mom get through this ordeal.

As you can imagine, our family has incurred many expenses. To help these expenses, we are holding a benefit golf tournament at the Kiahuna Golf Club on November 1st. It will be a 3-man scramble with a hole-in-one prize of a brand new Harley Davidson motorcycle. We will also have a putting contest where 2 people will each have a chance to putt for $5,000 in cash. A flyer and registration form is attached.

For non-golfers that want to help, donations can be sent to:

Benefit for Jessie
3236 Inouye Street
Lihue, HI 96766

Hole sponsorships are $100 and all prize donations are welcome. If you need more information, please feel free to contact me at any time. We thank you in advance for your help. Mahalo.

And It Continues.......

2009-09-30T22:10:00.000-07:00

The Honolulu Star Bulletin wrote:

"The state's financial picture is worse than thought, according to the Lingle administration, which said today it has discovered a clerical error that mistakenly boosted the state's general fund revenues by $44 million."

The Honolulu Advertiser wrote:

"Gov. Linda Lingle today announced that there was an overstatement of general fund revenues for the fiscal year that ended on June 30, 2009 (FY09). Actual general fund revenues were found to be $44 million below the amount reported by the state's Financial and Accounting Management Information System (FAMIS)."

Both newspapers quoted Governor Lingle's comments:

"With the recent discovery of the recording error, we have an additional $36.8 million shortfall, and the need for immediate solutions to close the budget gap becomes more urgent than ever," Lingle said. "The administration is committed to continue working toward this goal."

I guess the question is, "What happens next?" I'm afraid to think what the options are. I haven't heard anything yet but it can't be good.

How did things get so bad? Where did we go wrong? It seems not long ago everyone was bragging about how good the economy was. How Hawaii was the leader on so many fronts. We were giving away tax credits and corporate incentives. We seemed to be so "rich" and now, we are so "poor." In fact, some would argue that we could be facing bankruptcy. If we were a business, we would be done.

So, where do we go from here? More furloughs and layoffs? Tax increases? More sacrifices by the common folks? Whatever it is, I can assure you that it won't be pretty. We will be asked to pay the price for years of wasteful spending and a growing government. Is this fair? I think not!! God bless us all.

Hawaii Teachers Union Officials Stick by Friday-furloughs Decision

2009-09-28T14:54:00.000-07:00

I was going to blog on another topic today, but after reading yesterday's article (with the same title as this post) in the Honolulu Advertiser, I decided to voice my serious concerns. Am I the only one that feels that Hawaii's children are being left behind? By the looks of the online comments, I don't think so. In fact, I believe that the vast majority of this State is disappointed with the actions of the Administration and the HSTA. What are they doing? Why are they not acting in the best interest of the children. Here are some excerpts, along with my comments, from the article:

"Hawaii State Teachers Association president Wil Okabe said that opting for furloughs on Fridays makes sense because of the substantial savings that will be gained and the need to be consistent with potential furlough days chosen by other state worker unions."

Makes sense? How does this make sense? Oh, I see. It is about savings and the need to be consistent with the other State worker unions. Childrens' education takes a back seat.

"The union and state could have prevented the loss of instructional days if they had scheduled furloughs on holidays and teacher planning days."

Now this makes sense!!

"Okabe added that most of a school's administrative or support staff are members of two other unions — the Hawaii Government Employee Association or the United Public Workers. If the HSTA had chosen a furlough day other than Friday, it would have made for a logistical nightmare, Okabe said."

Logistical nightmare versus our childrens' education. I would say that this is a no-brainer. I guess the HSTA president feels otherwise. We pay a lot of money for salaries of employees that are tasked with managing logistics. Nightmare? What about the fact that our children will be losing out? That's a nightmare.

"Marie Laderta, the state's chief negotiator, said the DOE did not have to schedule furloughs on instructional days. It could have opted for teacher pay cuts or made use of holidays, she said."

Then why did the State allow this to happen? Doesn't the State have to agree to the negotiated contract? Please stop the finger pointing, Ms. Laderta.

"Garrett Toguchi, chairman of the state Board of Education, said that the use of teacher planning days and professional development days were discussed, but ultimately those at the bargaining table decided against using them as furloughs."

Why??? Please tell us why!

"Toguchi said taking away the six noninstructional days from teachers would mean less time to plan curriculum and create strategies for boosting achievement."

Less time to plan curriculum and create strategies for 17 less days of instruction? Come on Mr. Toguchi. Do you really expect us to believe this?

" 'We demand a lot from our educators and put a lot of pressure on them to raise student achievement, raise test scores. ... Our educators need that time to get training, do planning and identify the needs of their students,' Toguchi said."

So are you saying that the way to raise student achievement and test scores is to reduce the number of instructional days for the students? Is that what you are saying? If so, please explain how you plan to do that.

"Okabe said the HSTA had considered using noninstructional days as furlough days, but those days would not have resulted in the kinds of cost savings that the state Department of Education was looking for."

So the HSTA and the Department of Education, who are tasked with educating the children of our State, have taken the position that cost savings is more important than education. This is quite evident by the quote of Mr. Okabe.

The actions of the leadership of this State is shameful. What is even more shameful is the lack of opposition from our legislators. Other than some meaningless comments, nothing is being done to address this very serious issue. Let's all band together and call for immediate action by our leaders. We must not let this happen to our children. Call your legislators, both local and State. Let them know how you feel. We don't have much time. Thank you.

Luggage Boycott Needed Immediately

2009-09-25T18:52:00.000-07:00

According to a USA Today article this morning,

In the first six months of this year, the airlines collected $3.8 billion for checking bags, canceling or rebooking flights, carrying pets and assigning seats, the latest data from the Department of Transportation's Bureau of Transportation Statistics show. That's up from $2.3 billion for the first half of 2008.

That is $1.5 billion dollars more than the same period last year. And this is only for 6 months. Unbelievable. The article further states,

Checked-bag fees are the most lucrative source of extra money. Revenue from them was $669 million in April, May and June alone, up 276% over what they brought in the same time last year. In the first six months of the year, airlines collected $1.24 billion in baggage fees.

Okay ladies and gentlemen. It is time to take a stand. For the next 6 months, let's not check any bags through the airlines. Unless, of course, they are kind enough to allow checked bags at no cost. For all those carriers that insist on charging $10, $15, $20 and even $25 per bag, let's send them the message and reduce their ridiculous profits for the next 6 months. I think they need to realize that we don't deserve to be treated this way.

It is time for the passengers to have a voice. The airlines are becoming like the credit card companies. They prey on the very people that create their success. I think that it is disrespectful for airlines to do this to their customers, but as long we allow them, they will continue. Effective immediately, no more checked luggage. Hand carries only. For the next 6 months or until the airlines get the message. Safe travels.

Special Session for the Keiki?

2009-09-24T20:12:00.000-07:00

I posed the following question to Senator Hooser on his Facebook page:

Senator, is the 17-day HSTA furlough a done deal? Is there a chance that it won't happen? I understand that the Governor has to approve the ratification. Is that true. Thank you.

His response was:

The furlough is a done deal unless additional funding can be secured. Our options seem to be limited to using most/all of the money now in the Hurricane fund or raising taxes. The only near term way that I can see to come up with the immediate funds needed to stop or reduce the furlough days would be a one day special session to transfer the hurricane money to education. Long term funding would then have to come from a tax increase or even more severe cuts to all other programs...including health and human services. What do you think the public would support? As most I hope know and understand, the legislature's role is limited with regards to collective bargaining and we were not involved in the negotiations or the final agreement at all.

I followed up with:

Is anyone proposing a special session? It seems to me that all options should be explored before the school year gets shortened. I question why the DOE doesn't use the waiver and planning days for the furloughs. This would not affect the kids as much. Just a thought.

He responded with:

A special session normally is not called unless there is pre-agreement between all parties and that includes governor. Do you think the public will support spending the Hurricane Fund to eliminate the teacher furlough days? That is probably the main question.

So the questions to all of you are:

Do you support spending the Hurricane Fund to eliminate the teacher furlough days?

Do you feel that all means have been exhausted and the last resort is to furlough the public school teachers?

I have set up a poll on the top of my blog. Please vote. Thank you.

Education Neglect?

2009-09-23T19:28:00.000-07:00

Hawaii teachers agree to 17 furlough days — a 7.9% loss in pay
- Honolulu Advertiser

Teachers' contract calls for 7.9 percent pay cut via furloughs
- Honolulu Star Bulletin

This is not an attack on any public school teacher in our state. I admire their work, and I appreciate all that they do for our children. They were put in a tough position yesterday and they did what they had to do. I do not blame the teachers. They were placed between a rock and a hard place. Thank you teachers for all that you do.

My feelings, however, towards the government leaders that have allowed this to happen is quite different. I simply cannot believe that this is even happening. I cannot believe that our state has reached the point that we are now making our children pay for the inefficiencies and irresponsible spending of their government. Are we that short-sighted that we cannot see the harm that this will bring? Are we that blind that we cannot see the impacts that this will have on our children? Come on leaders.

It baffles me how the state makes such a big deal about the mandatory attendance policies for students today. Of course, we must all comply with No Child Left Behind. There must be butts in seats for us to get credit. But, when the state gets in a bind, 17 days of school really is not important anymore. 17 days are a lot of classes. Think about it. That is equal to 3 full weeks, plus 2 more days of school. That is a lot of instructions that won't be given. That is a lot of pages that won't be read. That is a lot of guidance that won't be provided. How will these days be made up? They will have to be made up to meet the requirements. What happens to the seniors that need to "qualify" for graduation? I'm sure someone has figured this out.

What I have not seen yet is any opposition to this shameful act by any of our elected officials. If I missed any, I sincerely apologize. I was hoping to hear at least some opposition to this but as of this posting, I have not heard a thing. A lot has been posted on social networks, blogs and online newspapers, but nothing in the open public. Why? Am I to believe that this will be supported by all of our leaders? I sure hope not.

Next year is an election year. Please remember those that forgot about our children. They don't deserve to be in office. Harsh words? Damn right. This is a serious matter and we must hold our leaders accountable. Our children are our future. What is happening is not acceptable. No Child Left Behind? In Hawaii, it is All Children Left Behind! God help our children.

Hawaii Businesses to be Hit With Soaring Unemployment Tax

2009-09-22T18:53:00.000-07:00

From a Honolulu Advertiser article on September 18th:

"Hawai'i's employers will face a stunning jump in unemployment taxes next year, with the average amount paid per employee increasing to at least $1,040 annually from the $90 paid now. The state said the dramatic rise in rates will take effect in April and comes as Hawai'i's unemployment trust fund plunges toward insolvency. The state has been paying out more in jobless benefits than it collects in unemployment taxes because of the slumping economy and jump in unemployment."

Small business gets it again. This is one of the reasons why Hawaii is known as a "business unfriendly" state. This can be validated by an article on today's Pacific Business News website. The article states:

"Hawaii’s business tax climate slipped from last year, according to a Washington, D.C.-based tax research group. The Aloha State is near the middle when it comes to business climates, ranking 24th in the nation, down from 22nd last year."

It is simply not fair to keep laying it on small businesses. We are having a tough enough time keeping our doors open. Small business is the backbone of the American economy. Let's help them for once. Let's help bail out small businesses, who struggle on a daily basis. We don't have private jets and multi-million dollar salaries. We work hard in our respective businesses and try to hang on to our employees. Stop the assault on small business. Please!!

Beware: Varroa Mite on the Move

2009-09-21T20:12:00.000-07:00

I will never forget the feeling I had at a political forum last year when a gentleman asked me about my plans to address the varroa mite issue. I did not know what the varroa mite was, nor did I know what harm they posed. I responded, "I have no idea what a varroa mite is but I will speak to you after the forum to get more information." Well, after the forum I did speak with the individual and was educated about the threat of varroa mites. I was quite concerned and followed up our discussion with some independent research. What I found was pretty scary, and led me to introduce a Council resolution that urged the State to address the varroa mite problem.

As I was surfing the net this evening, I found the following on http://www.honoluluadvertiser.com/, Under Breaking News:

"Reseachers say varroa mite spread on Big Island is inevitable"

"In just over a year's time, the varroa mite, a parasite that kills honeybees, has spread from the Hilo Bay area north to Onomea and south to Pahala, researchers say.

And it is not a matter of if, but when, the mites will spread to West Hawaii, said Ethel Villalobos, an entomologist at the University of Hawaii's College of Tropical Agriculture and Human Resources.

Although it isn't known how quickly it will happen, Villalobos said it will because bees are naturally on the move seeking sources of pollen, and farmers and beekeepers often move hives, and can unknowingly move a colony infested with parasite."

"The bottom line is: Varroa mites have been all over the world and the mainland for the last 20 years, and it's substantially changed the way agriculture is done on the mainland. It will substantially change the way we do agriculture here," said Richard Johnson, owner of Onomea Orchards and president of the Hawaii Tropical Fruit Growers."

Remember when the coqui frog was brand new to Hawaii? Remember when we didn't think it warranted much attention? Well, the Big Island wishes they addressed the coqui frog back then. Today, the coqui frog is an uncontrollable menace on the Big Island. We must not allow the varroa mite to follow that same track. The varroa mite is much more destructive than the coqui frog. The varroa mite will affect agriculture, and the way we live.

So what next? We must make sure that stay on top of this issue. We must continue to ask our leaders to stay on top of this issue. This mite has to be stopped. And it has to be stopped at all costs.

Airline Change Fees Can Be Dangerous

2009-09-18T11:47:00.000-07:00

I was not going to blog on this topic but last night, I heard a story from someone that tried to cancel her flight because of a very bad flu. When she called the airlines to cancel her reservation, they informed her that she would be charged a $175 change fee when she re-scheduled. She can't afford the $175 so she decided to fly on her scheduled flight, possibly infecting hundreds of passengers. This is very dangerous. I can't believe how greedy these airlines can be. According to and airlines spokesperson, they have no plans to change the policies at this time.

Why are they so money hungry? They charge us for every little thing, their fares are skyrocketing, and their service has not improved any over the years. In fact, I have noticed in my recent travels that the service has diminished quite a bit. Something has got to be done. Passengers should be protected from these vultures out to make a lot of money. I can see charging passengers for overweight bags, but they need to be practical. Their recent policy changes regarding fees for your first bag is crazy. It has forced people into taking very large carryon luggage, whish slows down the boarding process. It is simply ridiculous.

The change fee is of most concern. If people will be travelling sick because they cannot afford the change fees, the spread of the H1N1 virus will get worse. I cannot understand how difficult it would be to waive all fees in cases of illness, injury or personal tradegy. This problem will only get worse as airlines try to make up their financial losses on the backs of their customers. I hope this changes soon.

Bad Economy, Even in Minnesota

2009-09-16T19:06:00.000-07:00

As I was preparing to post a new topic tonight, I happened to hear the local newscaster talk about budget cuts here in Minnesota. The Minneapolis Police Department disbanded their narcotics enforcement unit today, saving the county 5 million dollars. Approximately 50 positions were lost, and this comes after significant cuts in their auto fleet and community service divisions. Can you believe that? Wow. This is the first major police department in the country without a narcotics enforcement unit.

No jurisdiction is immune to the poor economy. I guess I am surprised that Minneapolis decided to compromise public safety in their budget reductions. We should be thankful that Kauai County has not jeapordized public safety while trying to trim the budget. The public here is not happy with this decision, although the Chief has stated that the war on drugs will continue. The narcotics unit investigated 4000 drug cases last year. I'm not sure who will work on these drug cases without the unit. Oh well, lucky we live Hawaii.

I just hope this action by Minneapolis will not start a trend throughout the country. Drug enforcement is vital to public safety, especially when history tells us that drug use increases during tough economies. We will have to see the results of this very bold budget move.

Football is Finally Here

2009-09-15T21:13:00.000-07:00

Well, the time has finally come. It is football season once again. Pop Warner, High School, College and the NFL. It doesn't matter what level, football is a great sport to watch. Boy, I thought football was big in Hawaii. Minnesota is football country. Whether it is the University of Minnesota Golden Gophers or the Minnesota Vikings, these people love their football. It is a shame that the Vikings' first two games are away. I would really like to have watched them play. They play in Detroit this week (Go Jordan) and will be back here to play the 49ers next week. If we are still here, I will watch that game. I'm not much of a Brett Favre fan but Adrian Peterson is an animal. He is simply amazing.

High school football on Kauai will be interesting this year. It appears that Kapaa has it together and Waimea has yet to be seen. I gotta cheer for my alma mater, Kauai High School. It's a lot different watching when your son isn't playing.

College football. Now this will be interesting. My son is a freshman at UNLV. Hawaii is at UNLV this week. Who do I cheer for? Well, I like the Warriors but I think that the Rebels will win the game by a pretty large margin. Hawaii has a lot of work to do, and I don't think that they are ready to face the Rebels yet. Overall, I think USC will be the national champs this year. They are superb.

Why am I discussing football on this blog? Because I love football and it sparks discussions. Just like politics, everyone has opinions on football. This is a great place to air them out. Your thoughts?

Chapter 205-5 of the Hawaii Revised Statutes

2009-09-14T20:02:00.000-07:00

This seems like deja vu but to clear up any misconceptions regarding the State law, I have decided to post the State law for all to see. My position is simply this:

The County Council is not the vehicle to allow overnight accomodations on ag land. The State law needs to be changed. The County Council, if they want to see this changed, should be introducing a resolution requesting the State Legislature consider changing the law. To try and get around a State law with a County ordinance is very dangerous, and invites litigation.

This Council should be working on an ag tourism ordinance, as authorized in the Hawaii Revised Statutes. This is the appropriate vehicle that the State law allows the counties to pursue. I'm not sure why this option is not being pursued.

§205-5 Zoning.

(a) Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts, other than in conservation districts. Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C.

(b) Within agricultural districts, uses compatible to the activities described in section 205‑2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205‑2 and 205‑4.5 may be further defined by each county by zoning ordinance. Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165‑2; provided that agricultural tourism activities shall not be permissible in the absence of a bona fide farming operation. Ordinances shall include but not be limited to:

(1) Requirements for access to a farm, including road width, road surface, and parking;
(2) Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;
(3) Activities that may be offered by the farming operation for visitors;
(4) Days and hours of operation; and
(5) Automatic termination of the accessory use upon the cessation of the farming operation.

Each county may require an environmental assessment under chapter 343 as a condition to any agricultural tourism use and activity. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for plantation community subdivisions as defined in section 205-4.5(a)(12), for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.

(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:

(1) Low density residential uses;
(2) Agricultural uses;
(3) Golf courses, golf driving ranges, and golf-related facilities; and
(4) Public, quasi-public, and public utility facilities.

In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2. [L 1963, c 205, pt of §2; Supp, §98H-5; HRS §205-5; am L 1969, c 232, §1; am L 1977, c 140, §2; am L 1978, c 165, §1; am L 1991, c 281, §4; am L 1994, c 270, §2; am L 2005, c 205, §4; am L 2006, c 237, §5 and c 250, §3]

Vacation Rentals on Ag Land?

2009-09-12T08:29:00.000-07:00

I apologize for the late post but I have been on airplanes and in airports since yesterday at noon. Flight delays on Oahu and in San Francisco made my trip to Minnesota a living hell. It took 26 hours from the time I left Kauai until I could check into my hotel. Oh well.....

On Wednesday, the Planning Committee of the Council will hear Bill 2298. This bill would allow vacation rentals on ag lands located on Kauai. As many of you know, I am totally against this for one reason. It is prohibited by State law. Why the Council continues to entertain this bill is beyond me. Please contact your Councilmembers and ask them to kill this bill. We are at crossroads right now, and this bill could really destroy the Kauai as we know it. This bill cannot pass.

Take a look around. Planning Department trying to allow unregistered vacation rentals outside of the VDA. Unlawful structures being permitted. Shoreline certifications being waived in the interest of rich landowners. Council considering legalizing an illegal activity. TVRs on ag land are illegal. Why are we doing these things? Why are we not fighting for the PEOPLE OF KAUAI? Why so much effort to assist the transplants at the expense of our LOCAL PEOPLE? Let's try to help the local people for once. You know, the guy that wants to build an extension but gets hammered along the way? The guy that wants to build a family room for a homeless family member but gets denied right out of the chute. What about the local residents that have been told, for decades, that vacation rentals are illegal on ag land so they never rented out their homes as vacation rentals. THEY FOLLOWED THE LAW and now are being punished because they were law abiding citizens. The transplants that disregarded the laws are now allowed to continue the illegal operations. Come on County, WAKE UP!!!

I'm sorry for the tone but this issue drives me crazy. If Kauai wants vacation rentals on ag land, then we need to lobby our State legislators to change the State law. We are entering very dangerous waters when the County is trying to undermine State law (like they are trying to do with the shoreline protection waiver bill as well) to satisfy special interests. This is just WRONG! Let's stop this now. Thank you.

Bike Path Across Wailua Beach

2009-09-10T22:46:00.000-07:00

Wow. I cannot believe what is happening right now. The County is determined to build a bike path across OUR Wailua Beach. Wailua Beach is sacred. Wailua Beach should not be touched. Wailua Beach should not be destroyed. PERIOD!!

For years, I have been questioning the placement of the bike path (among other things). I have been criticized for being so vocal in my quest to get my questions answered. I have been labeled "Mr. Oppose-O" and "Mr. Anti Bike Path." It is quite interesting how many of my critics are now opposing the bike path being built across Wailua Beach. You see, I don't oppose the bike path at all. In fact, I think it is a good thing. What I do oppose is the fact many shortcuts were taken. This project was destined to be completed, regardless of what the people wanted. Remember Wailua Houselots? Papaloa Road? And now, Wailua Beach?

I stand firm in opposition of any construction along our beaches of Kauai, especially Wailua Beach. Beaches are becoming more and more difficult to find. As you know, many of the northshore beaches have been lost due to construction and erosion. Kekaha is losing beaches as we speak because of construction. We cannot let this continue to happen. Beaches and shorelines must be protected. We have State laws that mandate that. We cannot continue to allow the destruction on our natural resources. Enough is enough.

I'm curious to see what happens with Wailua Beach. The right thing to do is to build the path mauka, behind Coco Palms. It is a beautiful route that will allow the preservation of OUR Wailua Beach. Your thoughts?

Landfill Selection

2009-09-09T18:12:00.000-07:00

Well, congratulations to Mayor Carvalho for making the tough decision to site the new landfill. He promised it in his campaign and he delivered. Many will disagree with the location, but he went along with the committee that was set up to review the options. I have not reviewed all the minutes of the committee meetings but I'm sure they had a lot of discussions over this very tough issue. The Mayor did something that prior Mayors did not have the guts to do. I sincerely appreciate his bold decision to move forward.

Personally, I would have preferred the location up in the area of Wailua Falls, on Ma'alo Road. It is out of the way, near the Kauai Power Plant, and would not affect any existing agricultural operations. Again, I have not reviewed any of the minutes of the committee meetings. I am basing my opinion strictly on information that I had obtained during my 6 years on the Council. Back then, Grove Farm (owner of the Ma'alo Road property) was a willing partner and A&B Properties (owner of the proposed site) was not. I'm not sure if things have changed any but I am very curious to see how this pans out.

It now moves to the Council for discussion. As we roll into an election year, it will be interesting to see how the councilmembers take on this issue. Will a decision be made in an election year? I hope so. This issue has been ignored for too long. Now is the time to move and start the process of building a new landfill.

Planning or Permitting Department?

2009-09-07T21:52:00.000-07:00

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.

Looking for Input

2009-09-04T19:21:00.000-07:00

I just realized that I did not have this blog set up for anonymous posts. I have fixed that so I will wait until next Monday to gather your suggestions on what topic should be the inaugural one. There is no shortage of issues. The economy, layoffs, furloughs, the environment, politics, etc. I want the first one to be a good one. I also want everyone to have the opportunity to chime in and post comments. I am hopeful that in a very short time, this blog will be one of the most popular on Kauai. Until next time, take care.

Welcome Everyone

2009-09-03T20:54:00.000-07:00

Aloha everyone. Welcome to Straight From the Heart! Here, I will be commenting on many issues that affect all of us. I am hoping that my comments will spark healthy discussions and debate. The rules are simple. You must express yourself but be respectful of each other. I want to hear the opinions of everyone, but I don't want this blog to become a rant & rave type of discussion board. Any disrespectful or inappropriate comments will be removed. I will allow anonymous postings but only if we can maintain a civilized discussion. If not, I will stop all anonymous postings. Let's have some fun while learning about the critical issues that face us all. I look forward to posting our first discussion topic tomorrow. Any ideas? Let me know via the comment section.