Monday, July 18, 2011

Musings: Doling Out Rewards Redux

The sky was just starting to stain burnt orange around the edges when Koko, Paele and I went out walking, two hours after we’d first gotten up to see a waning white moon huddled beneath fast-moving clouds driven by big wind that shook the trees and later brought rain. All that remained of that earlier wild scene was a thin wisp clinging to the makai side of the Giant, a fragment of rainbow overhead, a steely gray pile up atop Waialeale and the moon, still a long ways from setting.

The county planning commission still has a long ways to go in processing the 65 applications for vacation rental on ag land that have been submitted thus far — the deadline for applying is Aug. 16 — so it seems like a good time to revisit some of the core issues in hopes — yes, I'm ever hopeful — of addressing them before we sink any deeper into this quagmire.

After watching parts of last week’s commission meeting on the decidedly user-unfriendly county webcast, I became aware of a few things that I thought folks might like to know.


Like county planner Mike Laureta prepared Bruce Fehring’s TVR application. This came up quite by accident, when Commissioner Caven Raco was asking Bruce about his unsubstantiated assertion that getting approval for his Hale Kai Kalani TVR, which rents for an average of $1,300 per week, would not significantly increase his property values. Bruce was clueless, prompting Caven to ask, “Did you write this application?”

Uh, no. Bruce then outed Mike, who was stumbling through an explanation — “certain sections have to be refined to meet your certain situations” and “there are custom sections here that he wrote” — when planning director Michael Dahilig smoothly intervened: “The department assisted Mr. Fehring in writing this application.”

And next time, one assumes, it will more thoroughly coach the applicant on what he/she is signing.

The staff report, meanwhile, stated that no other TVR applications had been submitted for the Wailapa “ag” subdivision. I found that strange, since Bruce has another TVR, Twin Hearts, on the parcel, and the website shows it’s rented through October. Will it remain unpermitted? Or will he submit an application after Kai Kalani is approved? And if so, how, then, is the Commission supposed to consider cumulative impacts, as required under the law?

Which leads to another issue, which was raised by Commissioner Wayne Katayama, and that’s about parcels that have been divided through the CPR process. The county is allowed to approve special use permits on ag parcels of 15 acres or less, with the state Land Use Commission having authority over larger parcels.

So if, according to the planning director, the county has no jurisdiction over CPR units, only the entire parcel, and CPR lines don’t exist, only lot lines, how is the county able to claim it has authority to issue a special use permit for the 1.455-acre unit with the TVR, when it’s part of a parcel that is 22.10 acres in size? This permit application should properly be sent to the LUC.

This argument becomes even more critical because Bruce/Mike are claiming the TVR is needed to help support farming on one of the other units that Bruce owns within the larger parcel.

Wayne brought up another key point when he heard planners explain that CPR landowners typically put TVRS on an edge lots, which often offer ocean views, and conduct the requisite ag operations on the interior parcels within the CPR.

“The solution to that,” Wayne said, “would be a rezoning of that lot to bring it into compliance. The purpose of the special use permit is to help ag land, provide additional value for the ag land.”

Yes, rezoning would be the solution for so many of these thorny issues. But rezoning takes time and money, and landowners presumably wouldn’t have the benefit of county staff to prepare their applications and certain applicant-friendly (or unfriendly, as the case may be) inspectors to check their parcels.

But what really bothered me, aside from Bruce’s combative, “I’m entitled” attitude, was the way Commission Chair Herman Texeira cut off Caven when he was questioning Bruce. “I just want to minimize confrontation,” he said, effectively ending the discussion, since none of the other commissioners were asking any questions.

Caven had some legitimate questions for both Bruce and the staff, including why Bruce’s application was so “thin” compared to others and lacking such key data as the tax forms that supposedly prove Bruce is farming elsewhere on the parcel. His questions should have been answered, and Caven should be praised and encouraged for his diligence, not cut off and made to look like a troublemaker.

Besides anger at this dysfunctional process, and a sick feeling in my stomach, I was left with this: If Tex doesn’t want any “confrontation” and the planning department, which issues recommendations — in this case, it was for approval — is writing the applications, who is questioning the applicant about a special use that will give him the ability to generate thousands of dollars with a non-conforming use?

44 comments:

Anonymous said...

You're so right, Joan, we didnt thing Mr. Raco was anywhere near confrontational, just asking questions for more info from an applicant who obviously didn't think he had to say any more. After all, some experts helped him with his application.
Remind me again why Ian Costa & his aide de camp are no longer w/ Planning? Are the so-called "white envelopes" getting circulated still?

Hope more folks watch this rehash of the old kauai soap opera: as the stomach turns OR who's now in bed with whom? Disgusting!

Anonymous said...

Mike Laureta wrote the application or crucial parts of the application for Bruce Fehring? That is utterly amazing that short staff planners are writing the applications and the public pays for it? Uh how about some ethics here? Thought he retired? Conflict then when he recommends approval. Sham process

Anonymous said...

Thanks for the headsup, will tune in to Hoike for excitement for the next many months.

Hope Tim Bynum and Ms. Kawahara are watching the mutations sprouting from the seeds they have sown! Such trust in our Planning Department to do the right thing, how naive, how sad, one more nail in the...

Anonymous said...

"decidedly user-unfriendly county webcast"

complain that they don't now complain that they do.

No one can win in your book Joan.

I do note that this is a VERY interesting article that may have wide reaching ramifications, please continue your research.

and do try to complain less - it is so unbecoming.

Anonymous said...

the envelopes are brown

Anonymous said...

no one ever said why publicly, please do tell

Anonymous said...

"no one ever said why publicly, please do tell"

July 18, 2011 12:31 PM

why what? This statement/question is exceptionally cryptic.

Anonymous said...

To Anon. 12:28 PM Yes, do try to complain less!!

Keep up the good work Joan and ignore the complainers!!

Anonymous said...

planning director Michael Dahilig smoothly intervened: “The department assisted Mr. Fehring in writing this application.”

Internal County Regulations, Article 1, Section 3-1.7 & County of Kaua’i Charter, Article XX, Section 20.02-D:

“No officer or employee of the County shall appear on behalf of private interests before any county board, commission or agency.”

Anonymous said...

If any of this is true, then resignations should be requested, immediately.

Anonymous said...

Well, at least it was a local in county government helping out a haole family. So, no racism involved. Sigh.

Anonymous said...

Fehring's approval might have been an "off books" part of his settlement?

Anonymous said...

Excellent reporting, Joan! I suppose we should be thankful that we have local folks of color equally questioning & abetting a white applicant. No racism here.
You bet - time for the two Mikes to resign!!!

Anonymous said...

Someone needs to call the FBI back. New boss same as old boss, corrupt.

The entire Kauai government system dances to one puppet master, Beth T.

Anonymous said...

TO" Bruce Fehring: July 18, 2011 12:28 PM (the entitled one that through his previous ʻentitlmentsʻ got his family killed)

We like Joanʻs writings just the way they are. Honest.

Anonymous said...

"If any of this is true, then resignations should be requested, immediately.

July 18, 2011 5:19 PM"

The permit should be voided and investigated.
Whereʻs the auditor, Mr. Pasion?

Anonymous said...

Is there a liklihood of this one being aired on Hoike?


http://kauai.gov/LinkClick.aspx?fileticket=5HQbNv2AHQE%3d&tabid=517&mid=1943

Anonymous said...

Someone needs to call the FBI back. New boss same as old boss, corrupt.

do you REALLY think they care about this island in the middle of the Pacific. What delusion are you under?

Anonymous said...

Is Fehring, in all his grief and mourning, holding something over the countyʻs head?

What a despicable and unlikable person. And to think everyone was at Phleugerʻs throat.
Real twisted justice.

Fehringʻs another parasite. Tooooo many moved over here.

So sad.

Anonymous said...

Who is calling the Mayor on this, his placememt of an interim PD? And, even more important, WHO will be reporting the ethics violation????

Statements made on Joan's blog will not be considered evidence and if not reported, more shit will go down, and it might even fly UP.

Anonymous said...

This guy is a lawyer, licensed in the State of Hawaii. Who is reporting him to the bar?g him to the bar?

Mel Rapozo said...

I will be looking into this matter. This is very disturbing although I am not surprised. I have communicated with the Planning Committee Chair, Nadine Nakamura, asking for the committee to look into this. I will also be asking the Planning Director for a written response as to what happened with the Fehring application. Thank you for bringing this to our attention.

Anonymous said...

He was put in there to "clean up" after the other criminals left the dept. Presumably a lawyer would know just how far he can push it. But this one, he's young, a little too cocky. The Mike L should be fired, the planning commission(if they weren't just a planning commission in name only) would find a non political, experienced, competent planning director. I don't even seen "interim" on his nametag, like we'll all just forget the charter and instead allow the Mayor to appoint the director. And how convenient the Mayor then just appoints people that will do what they tell them. It's much easier, no real decision making there, that much is obvious.

Bruce Fehring said...

One of the jobs of the Planning Department is to help those are seeking a permit from the Commission to put together a presentation. I was provided a template to consider, but I wrote my application, NOT Mr. Laureta. Sadly, it had be written far in advance of a hearing, and I forgot to bring a copy with me, and did not remember some of what I had written.

My wife and I farm for a living and use income from my rental to help support our endeavors. The rental has been in operation for 15 years and has always been, in the opinion of a number of fine Kauai lawyers, a permissible use. That is why a law was passes giving those with TVRs on ag-zoned land an opportunity to become grandfathered.

The insinuations that I have lobbied for special favors, or been granted any as a result of any backroom dealings are not only false, they are the destructive product of an apparently jaded group hiding behind "anonymous" identities.

It feels hurtful to be painted as as despicable, unlikeable, a parasite, and even a killer of my own family, as if it was I was the one who filled in the emergency spillway at Kaloko.

Tell you what...give me a call at 346-0364 and I'd be happy to meet any of you and give you a tour of our farm and talk story. Meet a farmer and a fellow human being. Just wear your work clothes and be prepared to break a sweat.

Anonymous said...

You put your family at risk by constructing illegal units in the floodway. Then sued and got paid for your mistake.

I didnt believe you at the hearing and I dont believe you now.

Besides the PD confirmed that his department assisted you in writing it. Stop lying.

Anonymous said...

Yes, Fehring you are a crock of bs.
Still trying to point finger at Phleuger.

Do you want to know why people are and should continue to anonymous here?
So you donʻt sue them, like you did Phleuger. In fact thatʻs how you creeps make your fortunes sue jobs and death.

My dear Mother. I loved her so much I could not bring myself to have a life insurance policy on her and I didnʻt. I donʻt that money would have felt very nice.

And I really got to ask: do you think you are THAT important anyone would go out of their way to go up to your stolen Hawaiian land and "break a sweat" to "talk story" and find out what you want them to hear?

Get real.

Anonymous said...

Yes, Mel it is always reassuring to see you chime in.
And kind of manic and scary that you are the ONLY government official that tries to take care of government business.

To the person that wants someone to do something about government corruption and employees, we need government officials to do that. After all they are getting paid for it.

AND, forget the ethics commission. Warren Perry is a commissioner so that door is closed.
In fact that should say it all about this county; to have someone like that as an ethics commissioner makes me want to puke.

Anonymous said...

now everyone, do not, I repeat do not get excited. NOTHING will change. Ethical violation, yeah right, prove it.

The Mayor will not do anything to his chosen one.

Anonymous said...

The other problem is the cut and paste mentality where the Planning Department encourages applicants to copy previous submittals. Regardless of who wrote it, how can they say that the granting of a special use permit to allow a resort use on ag land won't increase the value of the property? What other bullshit did they cut and paste into the application that is being spoon fed to the commissioners?

Anonymous said...

Sliming Warren Perry now. This blog is nothing more than a low brow local gossip rag dressed up as morally superior "investigative journalism."

Anonymous said...

All of the Vacation Rentals on Ag land should be denied! This was never the intent of the original legislation. With current hotel occupancy is 60% range, we need the jobs and tax revenue in hotels, not the illegal development of ag lands that should be producing food.

Anonymous said...

Nobody is: " Sliming Warren Perry now. This blog is nothing more than a low brow local gossip rag dressed up as morally superior "investigative journalism." July 20, 2011 7:45 AM

He has been capable of doing that all by himself.

Anonymous said...

when will the Planning Commission be doing its job (under the charter) to find an appropriate Planning Director? Has this one been or will be evaluated, by peers? by staff? by the commission?

Anonymous said...

the planning commission has not been an independent body in awhile. they should be embarassed to be used so.

Anonymous said...

thanks for the heads up, watched it, and then if you read Bruce's comments, he's lying, cause Laureta said he wrote it

Anonymous said...

Maybe if these people were paid a salary, they would work harder for the county and not get paid "under the table"

Sure sounds either suspicious or just SOT (same old thing) with incompetence.

Dr Shibai

Anonymous said...

"the planning commission has not been an independent body in awhile. they should be embarassed to be used so.

July 20, 2011 12:52 PM"

When Chair Texeria was placed there or when Mayor placed Dahilig there? Or when the Mayor placed Tex son in his office? or do you think it was before that?

Anonymous said...

it's gotten worse ith Bernard, they don't even try to fake it

Anonymous said...

Thanks for the report, however, nothing will change. Not sure what the people here think they are doing, other than hurting peoples feelings and embarassing them. Grow up. Stop slandering people. people here think they are doing, other than hurting peoples feelings and embarassing them. Grow up. Stop slandering people.

Anonymous said...

The FBI would be interested in this, let's all write a letter to the FBI.

There is already documented proof of the violation and then let's have another tear jerking moment on camera saying we need to stick together.

As for Warren Perry on the board of ethics that's a calming relief that another wanna be ali'i is sitting on his porcelain seat full of you know what in this honorable county governance.

Anonymous said...

If an applicant withdraws their TVR permit request (Fehring) - is there still an ethical violation by the Planning Department for 'writing' or 'assisting' the applicant with their application?

Anonymous said...

When Chair Texeria was placed there or when Mayor placed Dahilig there? Or when the Mayor placed Tex son in his office? or do you think it was before that?

July 20, 2011 6:01 PM

what does this have to do with anything?

Anonymous said...

Tex is like stuck in the muck. He didn't cause it, probably didn't even understand the depth of wrongdoing in the planning dept. Laureta was there all along, he knows it all, could be the good Judge's son is the perp

Anonymous said...

either you have dropped your accusations, or you were unable to prove them since you haven't written about this for two months, I'm guessing you have no evidence.

no, not even a copy of the withdrawn application presented by Mr. Fering.