Thursday, September 5, 2013

Musings: Tricked


It seems like we got tricked, actually,” said Councilman Ross Kagawa at yesterday's planning committee meeting. 

Ross was referencing the really crappy public access that the planning commission accepted in approving Falko Properties' uberluxe Kahuaina Plantation Subdivision on the North Shore, and his recognition that once again a developer has scammed the county, pretending its gentleman's estates are actually an agricultural subdivision.

“It's like, OK, this is ag, this is going to be good for our community, we're gonna grow food and what not, you know," Ross said. "It turns out it's a subdivision, a residential subdivision that's gonna sell for a lot of money where our locals can't afford to probably rent it. And now not to have the access, the recognition of the ala loa [historical coastal trail], I feel like we got tricked.”

We did. And how many times has it been now? Yet the planning commission and planning department just keep going merrily along, prompting Councilman Gary Hooser to ask Planning Director Mike Dahilig why his department accepted a coastal access that favored the developer, but was the worst option for the public. As in walk a long ways and end up on the rocks.

Mike replied that there was no legal requirement for planners to advocate for the public. Which apparently is why they, and other "public servants," so rarely do.

Non-farming ag subdivisions aren't the only tricks being played on the public. We also have the vacation rental sham. As Councilman Mel Rapozo noted yesterday, Councilmembers who supported the TVR bill “honestly believed it would reduce the number of vacation rentals outside the VDA.”

Instead, through failed implementation and non-existent enforcement, there's been wholesale licensing of properties that never qualified for the permit, and a proliferation of totally illegal vacation rentals.

What's more, it's become clear that nothing is going to be done about it.

We were all tricked into believing the TVR law would solve the problem. If anything, it's made it worse.

So that's one reason why I've had a hard time mustering enthusiasm for Bill 2491. It seems so many people believe it will be the answer to the pesticide pollution on the westside, a way to dislodge the seed companies.

But if you have a mayor and an administration that is not interested in enforcing a bill, then it goes the way of agricultural subdivisions and TVRs — laws on the books that mean nothing. 

Nothing except citizen frustration among those of us who believe laws are passed for a reason and government officials are bound to uphold them.

I spoke today with a westsider who didn't want to be named in my blog, but reminded me of the real people who are being impacted by the dust and pesticides being sprayed by the chemical/seed companies. The caller shared the despair they feel, their abject unhappiness.

Those westside residents are the reason why we need buffers between fields and public areas, why we need to know what the companies are spraying, how much and where.

So when I think about them, it's a no-brainer. Yes, we need to pass 2491.

Then I recall how often we have been tricked into thinking legislation, public demonstrations, evidence, even mountains of evidence, can make a difference. 

And I wonder, aren't we just tricking ourselves, with the belief that an inherently broken, corrupt system does work, ever even can work? 

27 comments:

Anonymous said...

joan said.....
And I wonder, aren't we just tricking ourselves, with the belief that an inherently broken, corrupt system does work, ever even can work?
BINGO ! it's all an illusion

Anonymous said...

Amene, amene, amene. The corruption of this and preceding administration is shameful -- but seems to continue year after year, decade after decade...

Anonymous said...

"no legal requirement for planners to advocate for the public".....but as a public servant whose supposed to work in the best interest of the public, doesnt that job assume that he works as an advocate for the public? or does he not give a shit? or are the majority of kauai voters ok w/ this shuck and jive? if the government fails to perform, the people may have to take action, that would turn ugly....wake up council,mayor and everyone in between...stop the BS before you create an enemy of us commons...aloha Dean

Anonymous said...

Trying making lemonade. Just think... All those north shore gentleman farms will need someone to grow crops on them commercially and to provide records so they can prove their compliance. This is quite possibly a boon for small farmers who for minimal rent will solve the landowner's need to perform agriculture on their property. I can see some akamai farmers taking advantage of this situation to grow the food crops and aiding food sustainability that so many folks are calling for.

Anonymous said...

A few ag owners might lease to small farmers, however, the cost of set up, maintenance and actual work needed to produce product (let alone transportation and marketing), allows few qualified for running a farm.....it is easy to yak about small farms etc, but the reality is hard work, high expense and probably no profit......any farm on an AG estate estate property will have many restrictions IE view plane, no junk, no noise, no nuttin' that makes a real farm....maybe they should just put up 80 ag hotel/
B and Bs, at least there will be no GMO...........

Anonymous said...

Kealia Kai was supposed to have 4 public accesses to the beach......
Kaupea Rd in Kilauea was supposed to have 3 public accesses to the beach....it goes on all over the island...the developers say what sounds good, but continue to screw the public......as our county heads bob in agreement and smile. No shame.

More houses for the rich and famous, and more menial jobs for gardeners, maids, and cooks. I doubt they will be hiring organic farmers. (I hope I am wrong)

Until we have bloody riots in the streets, nothing is going to change, peaceful marches have not been effective IMO,
or .....
we vote in smarter people who are for "the people" and not for themselves and their friends and cronies into office.

We are dealing with BIG money, corporations, and Experienced Lawyers with lots of influence on our politicians and bureaucracy.

Dr Shibai

Anonymous said...

They aren't going to make any organic farms. Have you seen the Browers open up their land to farmers? NO But Andrea is out there telling the rest of the island how they should farm. If it's so easy why isn't her family doing it?

Anonymous said...

so this goes to show that all of the folks who don't like what's going on in Kauai should vote when we have an election-instead of pointing fingers and blaming everyone else-it is ultimately our responsibility as Kauai residents

Anonymous said...

It is time to create a commission against corruption. We need big brother to start judicially punishing these white collar criminals. The county of Kauai is a multinational organization of criminals.

Anonymous said...

It all seems to be an illusion. The folks that have the money can hire the better grade of lawyers to come up with protection from whatever laws the corrupt reps of the people decide sounds good at the time, to appease the poor saps that just want a decent, and pono way to make a living to take care of their family. Being a small farmer is not any easy way to make a living, way to many possibilities for failure. Seems a lot easier to work for Richie rich guy being a landscaper, and if you hustle and do a good job you can make a decent living. Pono ? you make the call.

Anonymous said...

Mike, you're a f***ing a$$hole and you're fate will be the same as Jake who covered for someone out for their interests only. You're a public servant. Try acting like one.

Dawson said...

Kauai has sold it soul to the unholy trinity of tourism, real estate development and corrupt government.

Time to buy it back.

Anonymous said...

Mike and his Tonto, Kaaina Hull (arrested for lewd conduct (what happened to that charge?), are nothing but Oahu-centric state whores (both from there). They are liars and kiss-assers for those who want to develop this island at any cost. Just check on what they have done on the North Shore lately (ie, Common Ground and Chris Jaeb, and now this). And, they've made total suckers out of the planning commission with their recommendations. Of course, no excuse for those whores either. And, by the way, take a look at the role of Kitayama, who sneaks out of any real responsibilities. This whole mess, starting at the top, Bernard, is a disgrace.

Anonymous said...

I would bet that a majority of residents on Kauai have for many years done what it takes to stay afloat and afford to live here by almost any means possible-including long term or short term rentals of their homes with multi families sharing their living spaces-it's a way of life here on the island-
also I really don't think that our County workers are as corrupt as everyone thinks-it's a matter of making impossible demands on their time to get the job done without allowing them adequate time to do their homework, or the guidance needed to make an informed decision-Kauai residents want instant gratification-"my way or the highway" etc-stop pushing and let them get their job done-

Anonymous said...

Excuses-Excuses-Excuses!!!!!! Why don't you wipe their noses and asses too while you're at it.

Anonymous said...

This subdivision and the TVR mess happened before he came on board.

Anonymous said...

a) We shall always be conscious of the rights of others.

b) We shall have special concern for the long-range consequences of present actions.

c) We shall pay special attention to the interrelatedness of decisions.

d) We shall provide timely, adequate, clear, and accurate information on planning issues to all affected persons and to governmental decision makers.

e) We shall give people the opportunity to have a meaningful impact on the development of plans and programs that may affect them. Participation should be broad enough to include those who lack formal organization or influence.

f) We shall seek social justice by working to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs.

g) We shall promote excellence of design and endeavor to conserve and preserve the integrity and heritage of the natural and built environment.

h) We shall deal fairly with all participants in the planning process. Those of us who are public officials or employees shall also deal evenhandedly with all planning process participants.

APA and Discilplinary Board of Hawaii Supreme Courr, please revoke Mr. Dahilig's memberships.

Anonymous said...

Dale Cua is responsible for this mess, look into his financials for the last 20 years and his relationship with Falko employees, past and present.

Anonymous said...

poor Kaaina - all those favors he did for former county council members and wealthy developers will catch up to him.

Anonymous said...

Nobody here mentioning the mess mike tresller made when he was head of planning. Talk about idiots.

Anonymous said...

Tresler was never the Planning Director. Idiot.

Anonymous said...

"laws are passed for a reason and government officials are bound to uphold them."

That is the problem. Kauai's powerful don't follow rule of law. They evade it and dare people to sue to enforce against them. Looking in someone's windows? They had to know that was illegal to peeping Tom, but making him and us pay a million bucks to defend what they did.... shame.

The rule of law is only as good as the people who fund it.

Anonymous said...

Don't you dare let Ian off the hook. He's as guilty as Mike. Mike ha a complete disregard for what's right. His only motivation seems to be protecting the administration and his predecessors which protects the administration. 5:45 am; thanks for posting. Mike must have never read these duties and obligations. How many 'ag' properties are actually ag properties? How much fruit is planted and left to rot simply to get the ag permit? How much does it cost to get the planners and the administration to look the other way? Has the price gone up with inflation? Inquiring minds (and those that actually care about this island) want to know.

Anonymous said...

"Mike replied that there was no legal requirement for planners to advocate for the public."

yet another example of an incompetent GOBAG...

Thanks again Bernard for provided the lowest educated, least experience team of bumbling fools!

Anonymous said...

The Planning Commission really needs to be disbanded. It is obvious they are puppets of Bernard. Planning commission has failed for many years now to do their job .An all volunteer group appointed by da mayor ,even Mike,was appointed by the mayor in violation.
Dale Cua has been profiting from his job for a while now. Pass the envelope please. All in favor, Aye, motion passes.

Anonymous said...

A pen and paper or now email can at times be more powerful than guns, grenades, or even drones.


You have powerful tools so utilize it wisely.

Anonymous said...

Always impressive to see Dale out on the golf course during work hours..however that may have been recently curtailed...