Friday, August 16, 2013

Fallen Fruit Chronicles 2

A letter to the editor in today's The Garden Island slammed Councilwoman JoAnn Yukimura over her hesitations regarding Bill 2491, the proposed pesticide/GMO ordinance. Jasmine Schaefer of Princeville wrote:

If we enact laws, people will not have the right to break them on their private property. Enact the law, JoAnn. Enforce it.

Ah, Grasshopper. If it were only that easy. But haven't you noticed that Kauai County has an enforcement aversion?

Heck, it can't even enforce camping regulations at Hanamaulu Beach Park without closing the whole place down at night. And while some of us would love to see that happen to the chemical companies, they're likely to put up a tougher fight than the homeless who will slink away from Hanamaulu to Anahola, Niumalu or downtown Lihue.

Enforcement — or more specially, a decided lack thereof — is one reason why we have so many improperly permitted and downright illegal transient vacation rentals. Two others are greed and deception

Which brings me back to Hale Pulelehua, a TVR first featured in Abuse Chronicle s#17. When the county initially, and properly, refused to grant a TVR certificate, attorney Lorna Nishimitsu threatened to sue for a “taking” — even though it had never been a TVR before and the owner failed to prove it was eligible. The stumbling block was a guest house with an unpermitted kitchen. In a blustering letter to the planning department, Lorna claimed the guest house was irrelevant:

The NUC [nonconforming use certificate] was sought for the Dwelling and not the Guest House. Whether or not the guest house, for which NO NUC was sought, may have not been in compliance with all state and county land use laws should not have been a determining factor in the denial of appellant’s application, and yet it was used as the sole basis for such denial.

The county caved and issued a certificate for the sleeps-10 main house. But guess what? Oh, you're too quick. Yup, that's right, the guest house for which NO NUC was sought nor granted is being actively rented.

The ad on vacation rental by owner offers small group discounts and openly proclaims:

Other amenities include: Outdoor shower, barbeque grill, Wireless High Speed Internet, quality linens, beach chairs, umbrella, and beach towels.
One bedroom guest house

Keywords: Guest House available for larger groups

Heck, there's even a photo with the caption: Hale Pulelehu`a guest house.

The guest reviews tell more of the sad story:

We moved into Hanalei from Haena which was a huge difference being in town. The beaches on weekends were very busy. We had finicky friends stay in the guest house and they could not have been happier.

Wrote another:

We had two families for a total of 10 people and we had plenty of room in the kitchen and living area. We also used the "tree house" which was nice as well. The tree house is detached from the main house and you can feel a little disconnected from the main house, but that can be a good thing. It's just a few steps through the yard to get to the main house.

Just a little FYI for planning director Mike Dahilig as he reviews renewals. You might want to double check this one. If nothing else, it will give Lorna some billable hours as she fabricates a tale to explain it all away.

Oh, and while you're on the North Shore — I mean, if you do actually take a drive up there — here's another one to check out: KauaiBeachfront Retreat.

The owners applied for a TVR certificate, and weredenied. But why let that stop you from making $199 per night?  The calendar shows it's pretty much all booked up.

No wonder it's all rainbows for this property owner.


Anonymous said...

Don't feel bad. I'm sure the Mayor and the Planning Director and the Police Chief and the Prosecutor and the County attorney are all planning discussions about scheduling a meeting to discuss possible solutions that might be explored at some appropriate time.

Anonymous said...

It's tragic that those opposed to the GMO/pesticide industry spend so much time and energy on this bill. One of two things will happen. The courts will strike the law down or the county will be unable to pull it off. Two steps back from resolving the problem but main thing you look good moonwalking

Anonymous said...

Its tragic that you're so cavalier about copius amounts of pesticides in our air, water and soil. There are many important issues at stake including unregulated tvrs and biotech companies. As for Joann, a vote against biotech will seal her political fate on the westside. They still hold Iniki against her. Politics my friend.

Anonymous said...

It seems JoAnn would rather see dead children on the west side before she takes action. In her mind, no disclosure is needed until you can prove the association, and we all know without disclosure, there can be no definitive association.
The JoAnn of 25 years ago would have spear headed this, now she 's been in government too long.
Hope she can get a grip and support the people once more as she used too.

Anonymous said...

Maybe Joanne's retirement is a good thing. Have you ever heard her speak? It's just your usual noncommittal legal speak, thoroughly vetted to make sure no ones toes are stepped on, and no decision will ever be made.

All we need is leadership in politics. Any chance of that happening before Hell freezes over?
We sure have alot of issues being compounded daily with no interest accrued. It's time to vote them out.

Anonymous said...

Big Ag operates under a blanket of State and Fed laws. No laws have been broken. There are many rules etc that all levels of government from the EPA, State Health and County dust and drift laws cover. If the 2 council glory seekers really want to do something, hire a posse of air and water techs to monitor the situation. The council knows (or at least their intellectually challenged Attorney should know)that this bill is a "regulatory taking" (a couple of Amendments address this), no laws have been broken, no claims of damage are proven etc.
If this goes to court, Gary and Tim will have hit their orgiastic political pinnacle, OMG national exposure for a couple of small town bullies. The intent of the bill may have importance, but the result would be better if the County hired air/water techs had real evidence from actual testing.
A couple of country bumpkin doctors saying that it seems that there is a rise in certain types of illnesses is scary, but it is not science.
Anti-GMO/Herbicide is just the latest soup of the day cooked up by anti-America and anti-Business namby pambys. Joanne, may have matured and realizes that there is more to life than just making waves and a name for herself, she understands that a level hand is better than sleight of hand. Where's my government cheese?

Anonymous said...

The westsider's support ag.

Anonymous said...

"Its tragic that you're so cavalier about copius amounts of pesticides in our air, water and soil."

August 16, 2013 at 10:22 AM

The tragedy is that so much energy is being expended on getting the County to do something that will ultimately fail. The efforts should be directed at the Governor or our legislators.

Anonymous said...

I knew somebody would open their mouth and insert their Foot. It just can't be helped.

Anomalies like "August 16, 2013 at 1:27 PM" know Little about History and corporate track Records.

All they can do is call people names and quote their own limited knowledge. Stop reading newspapers and watching TV. Most of all don't listen to your Boss. He's just saying what his boss told him to say. Can't blame him.

You however are quite a different animal, jus' blathering at the mouth and calling other people names. I can't believe you actually wasted your time writing anything here.

If you really want to know what is going on (I would hope you actually want to), try searching for information on "google scholar" and you just might learn something.

We all need to move forward.

Just the facts mam' just the facts.

Anonymous said...

It is not a taking because it freezes pesticide use at current levels. Requiring disclosure is not a taking.

And I would trust a couple of honest country bumpkin doctors to tell the truth about the health consequence of spraying a field with pesticides 270 times per year on the surrounding people more than I would trust a multinational corporation that says its all good for us.

The mousetrap is always loaded with free cheese.

Anonymous said... really lost me on this and I guess I don't have to worry about voting for you again....if you are retiring soon?

Anonymous said...

Joann had the guts to go on the air and take the heat. Give her credit for that and stop acting like everyone who doesn't agree 100% with your diehard party line is the enemy - you just might get somewhere. Fact is you need her vote to pass this bill, so you might as well try and figure out how to get it. That is how legislation happens.

Anonymous said...

Joann should think about supporting the ag workers and help defeat this idiotic bill or we'll remember to not support her ever again. She should divorce bynum on this one.

Anonymous said...

Your chosen life must be hard for you Joan-to surround yourself with so much negativity-I hope you can find something positive to focus on everyday to balance your life

Joan Conrow said...

Thanks for your kind concern. Fortunately, I have a well-developed spiritual life and a deep appreciation for beauty, so I have constant access to a bubbling wellspring of joy!

Anonymous said...

Yah...I can see that "bubbling wellspring of joy" reflected in every post.

How 'bout posting nothing but that for the rest of the year?

If possible.

Normally, you come across as a cynical, PMS-ing (or menopausal) investigative reporter seeing NOTHING but the half-empty glass.

Very tiring after a while.

Anonymous said...

Forcing people to read your blog? That's terrible.

Anonymous said...

Your blog, whether a person agrees with the point of you or not, provokes thought. This blog is good thing

Anonymous said...

wow...attack the messenger, pathetic...if one does not appreciate the message, dont read the blog or create your own to spout your views.....snappy,dark comments w/ no constructive input makes one look a bit ugly in spirit..aloha dean

Anonymous said...

It seems like I started this rant with my 8/16 6pm post. No, I am not looking for "like minded" people and I always appreciate a diverse point of view. As my wife and I say.....find us a good Republican and we will vote for that person - I have only found a few in my 40 years of voting. And NO it was not Linda Lingle! Thank you Joan for providing the platform for us to express our diverse point of view. Aloha and go out and smell the sea air today!

Anonymous said...

I love snappy, dark comments with or without constructive value. Destructive value is OK, too...

Anonymous said...

Were more people killed on Kauai last year by domestic violence or by the police?

Anonymous said...

I'd say the top cause of deaths on Kauai is drugs/alcohol-underlying reasons for most crimes and something needs to be done to help these people