Thursday, July 16, 2009

Musings: Shammin'

Today is the day when we start to lose daylight, with a minute shaved off both ends, signaling the shift that will take us to the shortest day of the year.

And this will be a short post, because I don’t have much time.

For starters, tune in to KKCR this afternoon from 4 to 5:30 p.m. when co-host Jimmy Trujillo and I will be discussing the War on Drugs and its spawn, Green Harvest. Our guests will be Big Island cannabis activist Roger Christie, who will discuss the new law that makes marijuana the lowest law enforcement priority there. Kauai attorney Dan Hempey is also scheduled to join us, and hopefully we'll have some written replies to questions from Police Chief Darryl Perry, who declined an invitation to appear on the show.

Shifting now to another battle, the one to preserve rural neighborhoods as communities, rather than resorts, the Planning Commission on Tuesday denied Protect Our Neighborhood `Ohana the right to appeal approvals granted to Transient Vacation Rentals (TVRS) in Wainiha and Haena.

After several lengthy executive sessions, the Commissioners followed the recommendation of the Planning Department, which said PONO’s appeals should be denied because the appeal process was intended to serve only landowners whose applications were denied.

So in other words, the public has absolutely no say when it comes to whether TVRs will be allowed in their neighborhood. It’s now clear that in issuing its approvals, the Planning Department is giving just about everyone — with one puzzling exception that raise the issue of retribution — the green light, so long as they were previously using their property as a TVR and got their application in on time.

No consideration is being given to density, sewage, impacts on the infrastructure, location in a tsunami zone, special management restrictions or public concerns. It certainly comes as no surprise that the TVR review and permitting process is a total frigging sham.

On a related note, I got an email from a prospective visitor seeking a kanaka-owned B&B, hotel or TVR. I wracked my brain and asked around, but alas, could not identify a single one. If someone knows of one, please leave a comment.

Meanwhile, at least one self-described farmer is balking at attempts to make sure the so-called “farm worker housing bill” doesn’t turn into yet another giant give-away of agricultural lands. Unfortunately, he’s getting support from Councilmembers Tim Bynum (who lives on ag land that he doesn’t farm) and Dicke Chang.

As The Garden Island reports in an article on attempts by the County Council’s planning committee to plug giant loopholes identified by the planning department:

Some farmers took issue with the focus on preventing misuse rather than the importance of helping farmers, the original aim of the legislation.

“This is a farm worker housing bill, not a close-the-loophole-on-abuse bill,” said farmer Bill Robertson.

Tim Bynum acknowledged that the council may need to “risk some potential abuse” to ensure that the bill helps in its broader goal of securing farm land for farming, and Dickie Chang said the council was trying hard to work for farmers but could not expect a “fool-proof” bill.


I wasn’t aware that the original intent of the bill was, as Tim says, to secure farm land for farming. In my understanding, it was primarily to give housing rights to people who currently do not have them, while allowing other farmers — a term yet to be defined — a chance to build housing for their workers.

It seems to me that if people are getting rights they currently don’t have, even if they’re engagd in the noble pursuit of growing food, they ought to be willing to live with a few restrictions aimed at ensuring we actually do have some ag lands. Otherwise, we're just gonna end up with another big land use sham, just like TVRs.

32 comments:

Anonymous said...

The farm worker housing bill is a sham. Bynum lives on ag land but doesn't farm?

Anonymous said...

Holy Moly.... Is it true that the Planning Commission is now giving illegal TVR owners a chance to correct their vacation rental violations, because the owners didn't realize they were doing anything wrong? You'd think after all this time, owners would have checked into it and made darn sure they were up to par, as many of them did.

Thanks to PONO (Protect Our Neighborhood Ohana)for trying, with heartfelt effort, to monitor this unfortunate situation.

Anonymous said...

"On a related note, I got an email from a prospective visitor seeking a kanaka-owned B&B, hotel or TVR. I wracked my brain and asked around, but alas, could not identify a single one. If someone knows of one, please leave a comment."

KANAKA OWNED
`Ili Noho Kai O Anahola

PHONE 1: (808) 639-6317
PHONE 2: (808) 821-0179

Anonymous said...

Mike and Sondra Grace have a place [4 units] that they rent out on Aliomanu Road in Anahola: Ili Noho Kai O Anahola. It's on Hawaiian Homes land and I've heard that it's very affordable. Telephone # 808 821-0179. And no I'm not their agent. Kanalu

Anonymous said...

TVRs, CPRs, "farm worker housing" . . . So much for preserving the rural nature of Kauai.

Anonymous said...

"risk some potential abuse" started the development of Bynum style homes on agg land and has drove land cost up and farming near impossible. It is hard to see how adding more development will solve our problem.
Have we all made a commitment to buying all produce at farmers markets? get involved in co-op farming distribution? Only buy local at restaurants and grocery store? encorperate edible plants in our landscape?
So much we can do without a hammer

Andy Parx said...

Can someone explain why Bynum who owns and lives on ag land and especially Darryl Kaneshiro who owns or leases hundreds of acres of farm land are not recusing themselves in accordance with the county charter's conflict of interest provisions passed in 2006?.. din't think so.

Anonymous said...

the obsession with pot. so weird. the people that focus on this so much; got issues. move on


"so long as they were previously using their property as a TVR"

-- thereby basically and understandably having some senses of equity and fairness for that property owner, who is, of course, and after all, the biggest stakeholder on the question by far. not hard to understand. tho i get where it seems (probably rightfully) that rule breakers are going unpunished or rewarded


"So much we can do without a hammer"

-- there is the beginning of a powerful logo / maxim in that statement. very good point. and very well put



dwps

Anonymous said...

What's a "Bynum style home"?

Anonymous said...

yes the 'farmer' definition needs some work. yes the landowners should've of done some research before buying land to:
*grow food
*rent to tourists
*legitimize their business activities

two seperate issues but interconncted by the county's inability to monitor, regulate and enforce codes,convenants and restrictions

nowondertheyhateus said...

"What's a "Bynum style home"?"
July 16, 2009 11:19 AM

Answer: A Sty.

Anonymous said...

dwps wrote -- "the obsession with pot. so weird. the people that focus on this so much; got issues. move on"

the obsession to comment on every blog Joan writes. so weird. move on

Anonymous said...

the obsession to comment on every blog Joan writes. so weird. move on

-- whatever kid. shared bouganville...ran nunya off...gave hippies facts to back up their world view...im like a public good. ur prob the free rider here


dwps

Joan said...

shared bouganville.

Yes, that alone earned you a rightful place in comments.

Anonymous said...

ran nunya off.. mahalos for that!

Anonymous said...

"What's a "Bynum style home"?"
July 16, 2009 11:19 AM

Answer: A Sty.
July 16, 2009 6:01 PM

Then I guess he's farming.

Anonymous said...

"Yes, that alone earned you a rightful place in comments."

-- gracias. great theme song too, in my view

dwps

Anonymous said...

Ran Nunya off? Donʻt give yourself so much credit. In fact, Iʻve trapped you on a few. Donʻt ask me to pull them up, although Iʻd love to, but that would be a seriously demented trivial pursuit.
Goes to show what idiots some of you are, because someoneʻs anonymous, you take it at face value.
Your attitude towards ʻNunyaʻ is the same attitude you have towards your fictitious entitlements...especially what you can usurp and steal from Hawaii.
I try to avoid the bubba site but I do like to follow Joanʻs writings.

Oh, almost forgot, Saddam was such a brilliant man, you could have gleaned a lot of knowledge...but oops looks like youʻll stay the same stupid amerikkan you are.

Hele on, little man - in your little world.
Signed, Nunya

Anonymous said...

Hey, I heard Nunya and Gadfly got married...or woke up drunk in Vegas after being married by the bartender/minister.

They are going to combine their awesome talents to create "Hawaii, Inc"...a way to get back all the land for Hawaiian "stakeholders" (after buy-in). It involves investments by rich little old blue haired ladies to allow leveraged buyouts.

Joe Bresca will be our Chief Operations Officer.

Welcome to "Hawaii, Inc". All public toilets are now pay toilets. All ocean access is available, but there is a "per hour" charge.

More to follow.

Anonymous said...

Gonna pass on this site.
Have yet to post until now.
Been reading it for awhile and the writerʻs stories are well written but it has a tendency to fall into the likes of a lot of Republican blogs straying from story line with personal attacks.

Aloha,
Letdown in Maryland

Anonymous said...

Republican blog? Story line?

Anonymous said...

Sooooooooooooooooo, back to the beginning of the blog; Is it true that the Planning Commission is now giving illegal TVR owners a chance to correct their vacation rental violations, because the owners didn't realize they were doing anything wrong?

A while back, didn't I hear that permits would be denied if there were ANY violations, thus giving us back SOMETHING that resembles a neighborhood.

What's the scoop?

Anonymous said...

the only thing trapped is your mind, as evidenced by your delusional post

dwps

Joan said...

Sooooooooooooooooo, back to the beginning of the blog; Is it true that the Planning Commission is now giving illegal TVR owners a chance to correct their vacation rental violations, because the owners didn't realize they were doing anything wrong?

A while back, didn't I hear that permits would be denied if there were ANY violations, thus giving us back SOMETHING that resembles a neighborhood.

What's the scoop?


Thanks for your question. I'm checking into that and will report as soon as I have some info.

Mel Rapozo said...

Yes, it is true. The Planning Commission agreed with Ian Costa, and now have reversed over a dozen illegal TVR denials for a year. This is a travesty. This is outright sickening. The people of Kauai were rolled over, even after Caren Diamond and Barbara Robeson proved their case BEYOND A REASONABLE DOUBT!!! And the word is that last week was just the beginning. There will be more reversals on the next agenda. Shame of the Planning Department and Commission. Spread the word and let's all show up at the next meeting.

Anonymous said...

VACATION RENTAL DENIALS REVERSED!

That's right! Haena, Wainiha and Hanalei got screwed royal by the Planning Commission. Is it over? Who knows? Guess we need to keep trudging to those Planning Commission meetings and telling them we don't want illegal vacation rentals getting permits.
Thru the years, hundreds of community members have fought long and hard to keep our neighborhoods together. It's pretty obvious, Costa and his gang don't care about the families out here. One day very soon, one big resort-the North Shore. A sad day indeed...

Anonymous said...

Please remember that this travesty does not only affect the north shore. Illegal TVRs have devastated neighborhoods throughout the island, not just the north shore. Kekaha has been destroyed. Just because the local people out there are not as vocal as the people out on the north shore doesn't mean that they are not affected.

Brad Parsons said...

Mel Rapozo said..."Shame of the Planning Department and Commission. Spread the word and let's all show up at the next meeting."

When's the next meeting?

Anonymous said...

"This travesty does not effect only the north shore."

You are so right. Sadly, we know the entire island is being negatively impacted by TVRs. The North Shore just happens to be fortunate enough to have two residents in particular, who have continued to work tirelessly to save what's left of our traditional communities. These women are the ones we call when we need a voice and they know we support them in their endeavors. We are lucky to have these advocates, not so lucky to have TVRs.

Anonymous said...

When IS the next meeting?

Andy Parx said...

The next Council committee meeting is 9 a.m. Wed.

Joan said...

The next planning commission meeting is 9 .m. Tuesday, July 28. You can check out the agenda here.