The moon, big and getting bigger, and Jupiter, bright and getting brighter, were already nearly overhead before the last smudges of orange left the western sky, signaling the end of a beautiful day.
By morning, when Koko and I went out walking, both celestial bodies had disappeared, leaving behind a few twinkling stars, some drifting towers of clouds and smudges of orange in the east, signaling the start of a beautiful day.
“Early bird,” said one man I often encounter on my walks.
“You, too,” I said, and we both laughed, recognizing the value of being out when the world is still calm and quiet.
Seems other folks seek a different kind of value here on Kauai, as evidenced by an auction held last week in which six properties around Kilauea were sold. According to the PRNewswire, five of the properties are “within a private, gated subdivision adjacent to a reservoir on Kauai's lush North Shore known as Mali'e Wai, and the other which is known as the Villa at Secret Beach on exclusive Kauapea Road.”
All are on agricultural land that once was productive and now has been moved into the realm of “private” and “exclusive.” And all were sold with the help of Neal Norman, yet another one of those who talks about how much he loves Kauai and supports farming — even as he caters to the speculators who push land prices out of reach of farmers.
In a press release sent out about the auction sale, Neal says the properties hadn’t drawn any interest for 16 months, but after pairing with Concierge Auctions, gee, they were snapped right up.
Was it that, or was it the fact that the County Council had just legitimized the use of these properties as expensive vacation rentals? So I did quick Google search and voila, there’s Malie Wai — located on the “pristine” (um, if you say so) Kilauea Farms reservoir — which rents for $4,725 per week. As the website notes: “For larger groups rent together with Lake House II,” which goes for $6,000 per week.
Also included in the sale were 11 acres of “lakefront acreage,” which originally was listed for $900,000. It includes “an agricultural accessory building:”
This spacious, well-built structure with 1.5 bath, kitchenette, loft, and generous entry deck is currently used as an Ag/office. The Lakefront Acreage currently retains the guest house building right for the Mali’e Wai development: it is zoned for one building of 500 sq. ft. or less, to comply with County guest house regulations, however, additional agricultural accessory buildings can be permitted for this parcel.”
Or in other words, you can pass off more fake farm stuff to increase your density and the county won’t say a word.
As for the other property sold, The Villa at Secret Beach, why, that’s one of Michele Hughes’ vacation rentals. It goes for $1,850 per night. She already sold her Anini Vista TVR, Pueo Point, in August — a month after the law was changed to allow vacation rentals on ag land.
Even though she talked about how much she loved Kauai when she was asking the Council to change the law, her true sentiments were revealed in the press release (hat tip to Brad Parsons for the link) circulated by PRNewswire:
"Kauai is a special place to develop and own real estate, and I look forward to future projects on the Island," stated the Villa at Secret Beach seller and real estate investor Michele Hughes of the Michele Hughes Company.
Yeah, cuz it’s such easy pickings and they’re such a bunch of chumps you can pull off any kine.
My, what a lovely lucrative gift the County Council handed to the well-heeled developers and speculators on our island. But let’s not forget the rationale of Councilman Tim Bynum, who introduced the bill:
“Those of you who ordered your economic life, your well being, around the status quo, it’s not fair” to tell you to stop.
No, Tim, we wouldn’t want to throw a wrench into the lofty financial goals set by Michele, Neal and Malie Wai seller Jeff Smith.
While we’re on the topic of the vacation rental bill Tim drafted, it kind of blows my mind that we’re allowing people to apply for a use that could net them thousands of dollars per week, yet they don’t even have to pay an application fee. I mean, Planning Director Ian Costa earns over $100,000 per year. Don’t you think we should charge folks a fee to at least partially offset the cost of having him glance at their application?
And on a related note, remember how County Attorney Al Castillo and two of his beer-bearing deputies showed up, unbidden,, at the house of Councilman Dickie Chang one night to counsel him on the legalities of the vacation rental bill? By way of explanation, Deputy CA Mike Dahilig told me:
“We may even ask to sit down with Council members if we feel there is some confusion about the issue raised about them on the [Council] floor,” Mike said. “We’re going to advise and counsel, but never take any type of action to tell them how to vote. If we feel that there is some issues being raised that are not on point, we will raise issues with them.”
Yet even after Al advised Councilwoman Lani Kawahara to request an executive session when she complained of being harassed by Council Chairman Kaipo Asing, Al totally caved in the face of minimal resistance. According to the July 22, 2009 Council meeting minutes:
Mr. Castillo: Council Chair, Councilmembers. The subject
matter is an unanticipated matter and it does involve questions and issues
pertaining to the powers, duties, privileges, immunities, and liabilities of this body
under Chapter 92. I request that we go into executive session to discuss this matter
that falls under 92-5 subsection (4).
Mr. Bynum moved to go into executive session, seconded by Ms. Kawahara.
Chair Asing: There has been a motion to move into executive
session, there has been a second. I will not support going into executive session at
this particular time. I have not had an opportunity to make my presentation. I have
given the floor, the courtesy extended to both Councilmember Bynum and
Councilmember Kawahara, so I would like to finish up with my presentation. I
believe that it is fair and so I cannot move to go into executive session. I cannot
support going into executive session at this time.
Mr. Castillo: And Council Chair, I just wanted to say that means
that maybe at a later time today.
Chair Asing: Yes... well, maybe not even today.
Mr. Castillo: It is a totally... it might be a... it is a totally
unrelated to... not totally unrelated... it is unrelated to the presentation, but I will
just go take my seat.
So the CA’s office will fight for the rights of the TVR owners, but not its own Councilwoman.
Guess we know who, and what, is of value in this county.
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43 comments:
Love the post, Joan! You got it right. Our land is being mis-used! It should be Ag to feed the island and provide jobs for local people... not bought & sold for the rich! And our officials are not serving us!
Mahalo!
There is an application fee for ag tvr applications. As of last Friday it went from $50 to $1,500.
Thanks for that correction. Still, $50 bucks is quite a deal, considering the value given. And the $1,500 is only for the latecomers who didn't pile on at the get go.
Our land is being mis-used! It should be Ag to feed the island and provide jobs for local people
You are ridiculous. You either don't live here or you are blind. Look around. See all that land with no farming or houses or buildings or anything at all on it? Almost half of it is Ag land. Get a grip.
Furthermore, Joan is complaining about a handful of houses that have been tvr'd since before May 7, 2008. Move on. It doesn't spell the wholesale urbanization of ag land. No new tvrs are allowed on ag lands. Ever. Again, get a grip. Or some perspective maybe.
"No new tvrs are allowed on ag lands. Ever. Again, get a grip. Or some perspective maybe."
Not to mention that to get a tvr permit, they have to either have a bona fide ag operation or their property has to be incapable of supporting one. Many of those so called ag lots are smaller than an acre. Some people don't care about the facts. They just want to turn everything into a class war.
Malie Wai? Give me a break. They can't even take the time to get the language right while they commodify it for profit. Disgusting. And what is wrong w/ wide open spaces. Where is it written that we must utilize or develop every plot of land. Get real because it is about class wars...between the haves and havenots which is glaringly obvious on Kauai.
Tim took care of newcomers like himself at the expense of true farmers. Vote in Kipukai over him!!
FACE IT! We're an over consumptive society!
Those properties in question are just a whopping big waste of good wood, stone, and land.
If we don't wean ourselves off the economic tittie, we'll all be hungry. If we reach peak oil, tourism will be dead.
This island has everything we need. What we could use, however, is a good strong dose of leadership and brains. The status quo, as we know it, is nearly history. 98% of our current politicians {running or incumbents} are totally CLUELESS!
A word to the wise, if you don't grow sruff, fix stuff, or build stuff for yourself, Kauai Community College has great courses.
Good article @ http://www.culturechange.org/cms/content/view/679/1/
how come these owners all want to rent out these places instead of living there? if they are rich enough to buy the land & build these, they probably don't need the income...
Not to mention that to get a tvr permit, they have to either have a bona fide ag operation or their property has to be incapable of supporting one.
That's not true. You seem to have forgotten Kaneshiro's amendment, which opened it those who aren't farming for any other reason.
That's not true. You seem to have forgotten Kaneshiro's amendment, which opened it those who aren't farming for any other reason.
You're misinterpreting the law. Nothing opens it to anyone who isn't farming for any other reason.
To except a property from the ag requirement, the planning dept must find that the size shape topography location surroundings or other circumstances did not allow an applicant to qualify for an ag dedication or inhibited intensive ag activities.
I think you must be keying in on the "or other circumstances" language and making it mean more than it really does.
Only guy I am voting for this time is Kawakami. Last time he was the only guy I didn't vote for. Funny how things can change. He is the only guy worthy enough of a vote. The other old timers seem to be going through a midlife crisis by acting like school kids again. The other ironic thing is I disagree with him more than I actually agree with him but he holds himself to a higher standard. The way one conducts him or herself says a lot more about a person than the way he or she votes in my opinion.
I think you must be keying in on the "or other circumstances" language and making it mean more than it really does.
Really,? This is the loophole, that's why the attorneys (KAVA's and the Jonathon Chun, and Lorna gang didn't want the clear farming requirement, so they took it out and put in the lame or for any other reason... any... wow
Can't support Tim anymore.
Tim doesn't understand how f---ed it is now when the laws are written unclear and in conflict with state law.
I think Tim should read better and stop blindly following the CA like sheep
I just re-read the bill, and I didn't see the $50 application fee for non-conforming use applications, just the $1,500 for those who apply after 60 days.
As for the Kaneshiro amendment, the pertinent language is:
the Planning Commission may only grant a special permit if, prior to March 7, 2008 ... or the Planning Commission finds that the size, shape, topography, location or surroundings of the [lot] property, or other circumstances, did not allow an applicant to qualify for an agricultural dedication pursuant to the County of Kaua'i's Department of Finance Real
Property Tax Division Agricultural Dedication Program Rules or inhibited intensive agricultural activities.
It's that "other circumstances" that opens the door to the non-farmers on ag land.
It's that "other circumstances" that opens the door to the non-farmers on ag land
No. The whole clause that opens it up to non-farmers: "size, shape, topography, location or surroundings of the [lot] property, or other circumstances, did not allow an applicant to qualify for an agricultural dedication pursuant to the County of Kaua'i's Department of Finance Real
Property Tax Division Agricultural Dedication Program Rules or inhibited intensive agricultural activities."
And, like I said, all those things, including the "other circumstance" must have prevented one from either getting an ag dedication or inhibit ag activities.
You don't get a pass from doing ag for "other circumstances." No matter what the circumstances, you have to show you either didn't qualify for an ag dedication or if you did, that the property wasn't fit for ag.
The $50 application fee is in the rules.
I remember seeing Neal Norman driving along the road and a big rat jumped out of the back of his truck. It seemed fitting.....
"You're misinterpreting the law. Nothing opens it to anyone who isn't farming for any other reason."
"I think you must be keying in on the "or other circumstances" language and making it mean more than it really does."
We'll see what Jonathan, Lorna and the other TVR attorneys do with it.
We could say the same thing about KipuKai, vote for only one Council candidate, make it KipuKai Kualii.
Kawakami don't need your vote, he'll get in anyway.
Re: Anonymous said...
"Only guy I am voting for this time is Kawakami. Last time he was the only guy I didn't vote for. Funny how things can change. He is the only guy worthy enough of a vote."
Lani has really done it this time. I was a big believer but I have been disenchanted by her behavior. Cmon! Who is she trying to fool? She is playing this little victim role probably scripted by Rolly Polly Tim. Who are they trying to fool. Lani is loud,outspoken, aggressive, and rude! She constantly cuts in on other council members when they have the floor. According to a witness she has been seen giving scowling "stinkeye" looks at other council members. At the very least I would say she is probably bi polar based on her uppity ups and dippity downs that we have witnessed during the last two years of channel 53. She has a tendency to yell and tries to push her weight around. This is very sad. Can anyone say "cry wolf?"
Re: 12:16 AM
You nailed it.
The Ag part , in part was to get all the Ag landowners to swarm the council to get it passed. What it really did was give the rest of the island another year to register their vacation rentals, this time with no inspection, no need to comply with anything. So the planning director who implemented the ordinance with zero transparancy and zero accountability now gets to continue to turn areas like Hanalei and Haena into resorts. The commission had public hearings and they had to make the decision in public, now its all done behind the scenes by the "planning director". Mr. Bynam's calls for transparancy are fake, shams, he introduced and voted for this bill that takes away all public participation and all accountability, made zoning moot.
Look beyond what the council members say, and see what they do.
Don't vote for bynam, frankly he sucks
The tvr issue is so critical to our island's future that it is a deal breaker as far as Tim is concerned and Jay for that matter. Dickie is a no brainer and Daryl & Lani aren't running. Kipukai is the only one I'm voting for.
"The tvr issue is so critical to our island's future"?
why - because if affects how many lots?
get caught up with the laws and know what you are writing about before blowing it in your first incorrect sentence/observation.
Kipukai - all heart - no head.
"The tvr issue is so critical to our island's future"?
why - because if affects how many lots?
get caught up with the laws and know what you are writing about before blowing it in your first incorrect sentence/observation.
Good point. *News alert* The county council has banned all new tvrs outside the visitor designation area. What else about tvrs is "sooo critical" to our islands future? Get. A. Grip.
Yes, tvrs that operated before the law changed are grandfathered in. Flog it.
Yo Tim. Quit commenting anonymously.
Tim says he introduced the tvr ord to save the county money from lawsuits, he also says he must blindly follow the county attorney advice. Butwe don't elect the county attorney, and i expect the council members to think for themselves and not be bullied by the county attorney who is pushing the political agenda of the admistration .
So for my vote, I'll choose the people who can think for themselves like Derek and Kaipo
Hanalei, Wainiha and Haena did not have near as many vacation rentals as have been permitted and there are many more to come thanks to Tim. And to be legal before, they would have had to have a use permit for the commercial activity before ...how were they legal?
Another dilemma is this, if they either got denied or did not ever apply,but continued operating without the use permit, they now can get permitted. That really encourages people to flaunt laws.
Many houses that never were tvr's and some that still aren't got permitted. There is a long list of associated problems that are being swept under the rug as our community is made into a resort for the wealthy.Tim is not from the NS, and apparantly is willing to write us off as resort due to threats of lawsuits. If all the residential areas on the north shore are resort, where are people supposed to live? And why should we have no community on the north shore? It already has an oversized resort area that is zoned that way.
Maui has inspections ...but Kauai has a no look no see policy...kauai planners say it is now just a registry, that was never th stated goal. If you illegally operated a multi fAmily vacation rental, why should you now be permitted? No transparancy Tim, that is the problem. The process and information is secret. If it was on the up and up, it wouldn't have to be secret.
Below is "classic" boilerplate sexism! Anytime a women is the least bit assertive blame her with the following crapola. Use liberally as needed. Can anyone say "blame the victim?"
anon said: "Lani has really done it this time. I was a big believer but I have been disenchanted by her behavior. Cmon! Who is she trying to fool? She is playing this little victim role probably scripted by Rolly Polly Tim. Who are they trying to fool. Lani is loud,outspoken, aggressive, and rude! She constantly cuts in on other council members when they have the floor. According to a witness she has been seen giving scowling "stinkeye" looks at other council members. At the very least I would say she is probably bi polar based on her uppity ups and dippity downs that we have witnessed during the last two years of channel 53. She has a tendency to yell and tries to push her weight around. This is very sad. Can anyone say "cry wolf?""
Yo Tim. Quit commenting anonymously.
After you, Kaipo.
Hanalei, Wainiha and Haena did not have near as many vacation rentals as have been permitted and there are many more to come thanks to Tim.
That's not true. They have to show general excise and transient accommodation taxes were paid on the rentals prior to Mar of 08. Otherwise they can't get permitted.
And to be legal before, they would have had to have a use permit for the commercial activity before ...how were they legal?
Single family vacation rentals were unregulated. You didn't need a permit any more than you need one to run an Avon operation out of your spare bedroom. They were all legal until the law said they were illegal. That's how laws work.
That's not true. They have to show general excise and transient accommodation taxes were paid on the rentals prior to Mar of 08. Otherwise they can't get permittedThat's not true, just that they have a TAT and GET license, you don't have to show nothin no more
October 19, 2010 4:02 PM
you are wrong - try again - read the law, then try again.
October 19, 2010 4:02 PM
you are wrong - try again - read the law, then try again.
Gawd, really. Sheesh these people. Is this what it's like at the public hearings?
Except for TVRs on ag land. They were always illegal (under Chapter 205) until Tim decided that people who bought ag land and relied on their realtor's representations that zoning laws are to be obeyed by the law abiding suckers and not those who were smart enough to "order their economic life" around lax enforcement of the law were to be given exemptions to continue violating the law. You know, people like Tim. Lotta farming goin' on at his place.
If short term rentals were illegal on ag land then so are long term rentals. If short term rentals were illegal, then you cannot move out of your house on ag land and rent it out to another person, unless that person farms the land. The whole ag land thing is ridiculous.
"After you, Kaipo."
Nice try but everyone knows Kaipo isn't computer savvy.
October 19, 2010 6:52 PM
Please read Chapter 205 before you start spouting off. It specifically prohibits overnight rentals/
What is ridiculous is how people like Tim Bynum buy ag land without any intention of farming. Why bother with zoning laws if you're not required to obey them? Why not let everyone, including Grove Farm and A&B, build whatever they want, wherever they want? Why bother with four story height limits? Why not let auto body repair shops and bars in residential neighborhoods?
lease read Chapter 205 before you start spouting off. It specifically prohibits overnight rentals/
Only related to agricultural tourism.
Yeah, Tim, quit commenting here anonymously.
If Tim believed the BS he spouts, he would sign his name instead of anon... but he knows its BS better to be anon and see what sticks.Do not vote for Bynam...anyone else is better/ anyone
Who is the dork who (a) wants to ad hominem write off all comments they disapprove of as written by Tim (they're not), and (b) hilariously chastises for anonymous comments...anonymously!
If this is the mental agility of Tim's opposition, he doesn't have much to worry about.
"Nice try but everyone knows Kaipo isn't computer savvy"
Ha, yeah lets vote in the guy who doesn't know how to use a computer.
And only elect council members who will ignore their attorney's advice.
And no haoles.
Smart bunch here.
There is something about Tim that annoys me. He can go on and on about what a great guy he is and how much he has done for Kauai. His sickeningly sweet Mr. Nice Guy image appears disingenuous. He needs to listen to all segments of the community and not just his base. Those who have been disenfranchised the most will suffer the greatest as a result of the tvr ordinance. He got his piece of the pie and wants to ensure the likes of Michelle Hughes get their piece too!
He can talk all he wants but I'm not buying his justifications. Bottom line is long term local farmers will hurt but main ting he took care of transplants like himself and their retirement dreams.
Computer savy does not make a councilman.
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