Monday, June 16, 2014

Musings: Something Else

Rambling country roses in bold red and sweet pink, hollyhocks of many hues, bunches of fragrant lavender, clumps of Russian sage, jasmine clinging to fence posts, pansies turning their sweet faces to the morning sun — these are the flowers that greet me in the chill of a desert dawn, the sky already achingly blue.
Kauai is thousands of miles away — and feels like it — though she returned last night in a dream. I was pointing out to a state inspector something that most definitely did not belong within what was clearly the public shoreline, as evidenced by the waves washing up around it, and he was saying, with that characteristic sideways glance, that subtle shrug of the shoulders, “Yeah, but ....”

As in just pretend what you're seeing isn't actually what you're seeing.

I encountered a guy the other day who, upon learning I hailed from Kauai, said, “yeah, I just heard something about how Monsanto is taking over there. That's not right.”

I assured him that no, it wasn't, both figuratively and literally, since Monsanto has no presence there.

The topic that has consumed and polarized Kauai for a year now ripples out across the Pacific and takes form as a misinformed sound byte. Ah, yes, the whole world is watching......something else.

It's worth watching how the Kauai County Council handles the EEOC (Equal Employment Opportunity Commission) charges against Police Chief Darryl Perry, who could well be one of its members after the fall election.

An executive session is scheduled for Wednesday morning to brief the Council on the three claims of workplace retaliation that the EEOC has upheld against the Chief/KPD.

What I find most disturbing about this whole mess — whose fallout include the mayor suspending the chief and three assistant chiefs; a lawsuit to determine if the mayor had that power; an appeal of the Circuit Court decision that yes, he does have that authority; several investigations; and now, claims for damages brought by three police officers, two of whom have been out on medical stress leave for 18 months — is its root cause.

And that is this: A man in a position of authority in 21st Century America made repeated (and disparaging) comments about the breasts of a lower-ranking female colleague.

Truly.

Even a Kauai cop should know better than that.

What I find most intriguing is how the Council so quickly again finds itself in the position of navigating a politically-charged legal mine field in the manner of Tim Bynum vs Shaylene/Sheilah/County. The chief wants a chance to tell his side, as did Shay; the chief is at odds with the mayor, as are many on the Council; the Council is at odds with the county attorney's office, which is negotiating the settlement; and they're all wondering how this will play out for them politically.

Meanwhile, hundreds of thousands of dollars later…..and still counting…..

Also up on Wednesday is a Council committee review of Councilman Tim Bynum's politically-driven bill to “punish” the seed/chem companies by eliminating their ag tax deduction. His proposed Bill 2456 would exclude horticulture and “lands that are used primarily for the research and development of crops or parent seed production, which do not directly gain monetary profit from the ultimate consumer.”

But in the typical blinders-on fashion that narrows and distorts everything to do with the seed industry on Kauai, it fails to consider the broader picture, who else and what else might be affected.

Like experimental hemp crops, or the future cultivation of hemp for fuel, food or fiber. Research on biofuels. Taro, cows and pigs raised for home consumption. The north shore organic ginger and turmeric farmers producing seed for export. Flower growers making keiki. Taro huli banks. Fruit farmers and beekeepers selling to the meadery. Anybody producing a wholesale ag product rather than peddling directly to a consumer.

Aside from hindering non-GMO ag activities that most of us would support as positive contributions to the island, the bill arbitrarily, and bizarrely, bans crops and seeds from the definition of agriculture. For some inexplicable reason you can grow trees, though we have no lumber mills here, and no direct consumer market exists for such a product, but you cannot grow seeds.

Which opens the door to another discrimination lawsuit from the multinational chem/seed companies, as already promised in public session by Pioneer rep Laurie Yoshida. (Btw, after repeatedly hearing the claim that none of the four companies ship seed off the island, I sent inquiries to Dow, BASF, Syngenta and Pioneer, asking if that was true. Laurie was the only one to respond, saying Pioneer harvests and ships “significant amounts of seed” from Kauai.)

Then you have to stop for a moment and look at who, primarily, would be affected by the loss of the ag tax rate under Bill 2456: Gay & Robinson, Grove Farm, A&B, Kamehameha Schools, the state. 

In other words, all the big landowners. And what always and invariably happens to ag land in Hawaii, on Kauai, when it is no longer in production?

That's right: Development. Gentleman's estates. Resorts. Golf courses. Shopping centers. A smattering, here and there, of affordable homes.

And the question any thinking person must raise is this: Why? Why in the world would we want to start down this rutted road? 

Unless it's to boost the real estate/tourism/construction industry and help Councilmen Tim Bynum — and by extension, Gary Hooser and perhaps Mason Chock — get re-elected. 

32 comments:

Anonymous said...

I'm so disgusted by the many flubs and failures of the current County Council, none of them will get my vote this year.

Anonymous said...

Bets tim never farmed 1 minute in his life?

Anonymous said...

So I guess Chief Perry is running from charges and thatʻs why he is running for council.

Anonymous said...

"And what always and invariably happens to ag land in Hawaii, on Kauai, when it is no longer in production?"

Or a liquor distillery where the owner claims: "the company’s goal is to contribute to Kauai’s economy in a sustainable way...using cane juice will leave a minimal carbon footprint...Spreading the seeds of Aloha,"

God help us. Everyone that sets up business on Kauai think we are so fucking stupid.

Anonymous said...

It would be interesting to note whether Bynum actually farmed on his former property where a "farm dwelling agreement" was mandatory to even allow a building permit for a residence. Might also be interesting to see if the tax records show Bynum as being classified as "Homestead" since he admits renting out a portion of his home which I understand disallows him from getting the Homestead tax rate. Now Bynum wants to single out the seed companies within the tax code. "That's the pot calling the kettle black" if I've ever heard it. Next thing you know, 'ole Bynum and crew will probably be looking to make this agronomics bill retroactive. Time for us taxpayers to start a savings plan as this will undoubtedly cost us hundereds of thousands in legal fees not to mention possible damages. Now I'm beginning to understand why Council calls their pieces of legislation "bills" as they will cost us. Bynum + Hooser + Yukimura = Kauai Bankrupcy.

Anonymous said...

soooooooooooooo as it seems, the Chief messed up another one of his basic administrative responsibilities that will surely cost the taxpayer 100's of 1000's in cash shortly. KPD will only begin to reap good things as soon as it shakes loose Perry, Quibilan, Asher, Begley and Barriga. Oh and for all of you to know that an administrator in KPD, Lt's and up, don't get disciplined for crap. When they are the cause of a lawsuit for violating civil rights or employee rights and costs the county hundreds of thousands, nothing in their Standards of Conduct covers that type of fudge ups.
As far as Darla goes, she maybe "nutty" by screwing 1/2 of KPD/KFD/EMR, but she does know how to collect evidence against the idiots who continue to wrong her.

Anonymous said...

Chief Perry will be concise and non-emotional in the Council hearings. The long shot, hopefully, will be that the over eager Council inquisitors get traffic tickets and all other police scrutiny from the Police, forever. Hopefully, the boys in Blue can make this Council toe the line. So what if Police payback is retribution, the Council is intent on payback to many types of businesses and land owners.... I would call it justice if the a few Council guys/gal got super special attention from the Police.
Bynum's bill will die. This bill is confusing.
Once again, why does the Council keep picking on Big Land? Big Land controls the future of Kauai.
I know that the menage-a-trios of Hooser/Bynum/Chock and their string-puller masters on the mainland and the mini-mainland of Kauai's North Shore think that chipping away at Big land will bring them in line with their New Age thinking, but no chance. Kauai landowners are a sturdy breed and can withstand the torments of a few fanatics. Time passes and most of the nuts move back to mainland anyway.
Tim never did Ag, there was an old horse out there for a while, so Timmy may have been a rancher...the all-hat, no-cattle kind.
Hooser should be challenged on any bill concerning, roads,water,land,taxes or environment, he has a real ethical issue...Is he a Councilman or is he the President of a an animist environmental fistee group? Either way, Council should challenge the legality of his vote. Of course, Gary may have a couple of ethics, but in a case where there is a question of bad faith, Gary will always opt out for the choice that furthers his Own Self. What Kauai/ Me worry? I gots me a future as the leader of a big-time, old fashioned, Big Money Mainland inspired anti-Ag, anti-Job organization. Fistee Nation arise.

Anonymous said...

Another poorly thought out and researched bill by Bynum, not unlike his TVR bill of the past.

Anonymous said...

Soooooooooooooo as it seems, the Chief messed up another one of his basic administrative responsibilities that will surely cost the taxpayer 100's of 1000's in cash shortly. KPD will only begin to reap good things as soon as it shakes loose Perry, Quibilan, Asher, Begley and Barriga. Oh and for all of you to know that an administrator in KPD, Lt's and up, don't get disciplined for crap. When they are the cause of a lawsuit for violating civil rights or employee rights and costs the county hundreds of thousands, nothing in their Standards of Conduct covers that type of fudge ups.
As far as Darla goes, she maybe "nutty" but she does know how to collect evidence against the idiots who continue to wrong her.

Anonymous said...

10:55 like how Bynum got super special attention from the prosecutor?

Anonymous said...

This has been the most useless County Council in the HISTORY of our County, they should all retire... Can't believe Jay is running AGAIN... and Yukimura... give it up already, let the next generation take over...

Anonymous said...

It will be another typical Kauai EEOC settlement - the violators keep their jobs and there will be no disciplinary action. And the cycle of ignorance continues.

Anonymous said...

Dear Joan,

Instead of simply stopping the conversation with the guy who mentioned Monsanto by correcting him, you might well have considered explaining to him about the other 3 chemical companies doing experimentation on Kauai.

Or getting back to Laurie Yoshida to ask if the "significant amounts of seeds" sent from Kauai were bound for distributors, consumers, or just to corporate headquarters for further research and analysis. These "shipments" might be just a little bit like the smattering of cover crops that suddenly appeared in the open fields used for experimentation after my constant questioning about where and what type of cover crops were being used to enhance soil fertility.

You might even want to consider looking to see if there may be anything of value in Tim Bynum's tax bill. I do not read the bill the same way you have. Bynum does not mean to remove tax incentives for growers whose products grown here end up being sold retail or wholesale, consumed here or shipped off-island. He means to remove tax incentives that benefit huge offshore corporations which deplete the soil, spread dangerous restricted-use pesticides, and ship only research results to corporate headquarters, and who can well afford to shoulder a greater share of the property tax burden which is greatly affecting the middle-class property owners here on Kauai.

If Bynum's bill is flawed, I contend that it is the language of the bill, and not the intent, that need work. Let's not play the fear-mongering card by scaring people into thinking that Bill 2456 is directed at real growers, whether their products are food or flowers, wholesale or retail.

That would be like throwing out the baby with the bath water.

Joan Conrow said...

Dear 7:40 am--
I did tell the guy the 4 other chem companies that are on Kauai.

Re: Pioneer, I know it's hard for people to believe they do actually produce and ship parent seed, which is grown out on a large scale on the mainland for sale to farmers, who then produce commodity crops.

As for Bynum's bill, his intent is to score political points with the anti-GMO crowd. If his desire is to avoid impacting any other growers, then his language does indeed need significant work. It's not fear mongering to tell people clearly what a bill actually says, before it's adopted, as opposed to what some people hope or believe it says.

Anonymous said...

Tim Bynum's tax bill is based on a faulty premise. He states that the ag dedications (tax incentives) were originally designed to encourage local food production and sustainability. The truth is that ag tax incentives were designed long before "sustainability" and local food production was even a concern. Ever hear of sugar cane and pineapple, Tim? The ag tax incentives were enacted to encourage the open uses of land vs. development and to maintain and encourage important agricultural jobs. Of course, this was done long before Mr. Bynum ever landed on Kauai and began trying to change the island's history. But he is most disingenuous because this is just another of his blatant attempts to get rid of the seed companies because he is against genetic engineering (science). Pure and simple, Bynum is a liar.

Anonymous said...

KPD should be exempted from civil rights laws.
The Chief in all this pilikia because these laws.
And the police commissioner pleading guilty.
KPD has enough burden to know all those criminal laws. They should not have to know employment law too.

Anonymous said...

Anonymous said...
KPD should be exempted from civil rights laws.
The Chief in all this pilikia because these laws.
And the police commissioner pleading guilty.
KPD has enough burden to know all those criminal laws. They should not have to know employment law too.


June 17, 2014 at 1:18 PM

Idiots like this are the reasons why we have so many STUPID lawsuits. People on Kauai should be personally responsible for these EEOC lawsuits. Why do we taxpayers have to PAY for these IDIOTS!

Anonymous said...

Dear 1:18pm,

KPD and all other law enforcement agencies in the nation are required to know civil rights and employment laws. In fact one of the Chief's main responsibilities is to assure his employees don't violate anyone's civil rights and to make sure his employee's rights are intact. His inability to do his job correctly has landed him in this situation.
Of course, this does not mean that some of his subordinates did not help orchestrate and propel it into this fiasco.

Manuahi said...

Bynum is so disingenuous with his bill to strip the seed companies of their agricultural property tax incentives. He has said that the tax incentives were designed to promote local food production and sustainability. This is a falsehood. The ag tax incentives were employed to make agriculture more viable and attractive as an enterprise vs. development, and to help maintain agricultural jobs for our populace. The term "sustainability" was never used in those days. Bynum is attempting to re-write historical fact to further his own anti-GE agenda. Too bad his agenda if realized would hurt so many honest hard working Kauai people in favor of the malahini.

Anonymous said...

Dear Joan, OK, I see, so the fella who was under the impression that it was Monsanto who was suing the County was corrected and educated to exactly what is going on. Without bias, I'm sure, and that's great, though your good mainland deed was not made clear to me.

Re: Pioneer, It's true that it's hard to believe they do actually produce and ship parent seed, which you say is grown out on a large scale on the mainland for sale to farmers, who then produce commodity crops. How do you know this? Have you seen shipping invoices from Matson? Or might these "shipments" being done by way of USPS flat rate Priority Mail to corporate headquarters? I was under the impression that most of what was grown here was being destroyed here. I have never seen any machinery harvesting corn (and thus corn seed)on lands controlled by the chemical companies on Kauai. Please enlighten us.

Re: the Bynum Bill 2546, I've read it forwards and backwards. Sure, I'd like some clarifying language, such as "(A) Raising, harvesting, and selling vegetable, fruit, fiber, fuel, flower or landscape crops at retail or wholesale" under the uses the County would consider "agricultural" for ag dedication purposes. However, there is nothing in this Bill that would lead me to believe that, as you claim, it would inhibit tax benefits for the future cultivation of hemp for fuel, food or fiber, or for north shore organic ginger and turmeric farmers (of which I am one) producing seed for export. Nor do I see how you feel that fruit farmers and beekeepers selling to the meadery would be excluded from consideration. Nowhere does Bill 2546 say that anybody producing a wholesale ag product rather than peddling directly to a consumer would not be considered keeping their land in an agricultural use.

The purpose of the bill is to define those "agricultural uses" which can benefit from lower tax rates due to agricultural dedication. It certainly seems appropriate to me that research on GMOs, biofuels, and experimental crops are excluded from the big tax break, along with taro, cows and pigs raised for home consumption.

Are you upset that someone raising windowbox tomatoes can't get an ag dedication tax break? Or is it the corporate chemical companies that you seek to protect, paying chump change into the county coffers while the rest of us take it in the shorts?

Anonymous said...

LIHUE — A Department of Corrections program manager and former Kauai Police Commissioner pleaded guilty to federal gambling charges on Monday in U.S. District Court, District of Hawaii.

Bradley Ichiro Chiba, 37, of Lihue, pleaded guilty to running a gambling operation and to filing a false income tax return at his arraignment hearing in federal court, and waived his right to trial before Judge Leslie E. Kobayashi.

“He didn’t want to fight it,” said Assistant U.S. Attorney Larry L. Butrick of the Special Crimes Section. “It was a pretty straight forward case.”

Chiba pleaded guilty to conducting, financing, managing, supervising, directing and owning all or part of an illegal gambling business. In this instance, the offense was a gambling bookmaking business involving sports betting. It involved eight others for a period in excess of 30 days and had a gross revenue of $2,000 in any single day.

Chiba also pleaded guilty to filing a false 2012 federal income tax return. The Form 1040 stated that Chiba’s adjusted gross income was $99,880, when in fact it was substantially.

As part of the plea, Chiba agrees that upon conviction of the offense he will forfeit any property, real or personal, which constitutes or is derived from proceeds traceable to the offense.

Butrick said that seized gambling proceeds totaled $29,435.04, which includes $15,886 in U.S. currency seized from Chiba’s residence on Feb. 3, along with a $13,549.04 cashier’s check seized on Feb. 4 from Chiba’s bank account. He also agrees to pay $11,096 in restitution to the IRS for his 2012 income tax return.

Butrick said he presented in court that federal law was broken after an investigation into bookmaking records for a seven-day period showed that five bets and more than $2,500 were recorded. 

The maximum possible sentence for the gambling charge is up to five years in prison and a $250,000 fine, Butrick said. He also faces up to three years supervised release following prison.

Chiba faces a maximum possible three-year prison term and a $250,00 fine along with supervised release in the tax case, he added.

“It is up to court if the sentences will run concurrent,” Butrick said. “The court is not bound to the plea agreement.”

Chiba appeared in court voluntarily. He was released on bail following his arrest on the charges in February.

A pre-sentence report will be completed to assist the court at sentencing hearing on Oct. 2.

Chiba’s attorney Michael Green could not be reached for comment.

With the announcement of the federal investigation regarding gambling allegations in February, Chiba resigned his position as a Kauai Police Commissioner. He remains employed with the state Department of Public Safety as manager of the Intake Service Center at Kauai Community Correctional Center “pending the outcome of investigations and the final disposition,” said DPS Public Information Officer Toni Schwartz.

Chiba, Perry, Barriga, and Asher.

KARMA-u hoohz!

Anonymous said...

3:33pm - you sounded like you are working for HR Department.

Joan Conrow said...

Dear 5:43 pm:
No, I have not seen any shipping invoices from any of the chem companies. However, an air freight executive told me -- in a discussion that was about shipping costs, and not seed companies -- that substantial amounts of seed are air-freighted out of Hawaii to points all around the world, which works to reduce overall air freight shipping rates for the Islands, as the planes that bring us so much stuff have cargo to fill them on their return. My best friend's family has a seed farm on the mainland, which is how I know a little bit about the process of Pioneer and others sending Hawaii-raised parent seed to farmers in the midwest and all over the world to grow out -- a practice that began decades ago, long before GMO crops.

If you are a North Shore ginger/turmeric grower, it's perhaps not surprising you haven't seen any seed harvesting taking place, as one would presume you'd be spending most of your time tending your own crop rather than scrutinizing someone else's practices, on the opposite side of the island.

Also, if you are farming, surely you're already getting an ag tax break and not "taking it in the shorts" as you claim. Still, it's a value decision on just who should get such breaks, and I recognize we have different opinions.

I have no interest in protecting chem companies. I am very interested in protecting farm land and ag on Kauai, and tax breaks are one helpful tool.

I'm not sure why you are having trouble understanding the ramifications of these exclusionary terms -- primarily for the research and development of crops would prevent the only cultivation of hemp currently allowed under state law, as well as biofuel trials; and parent seed production most certainly would impact ginger/turmeric, taro huli and flower growers who are selling to nurseries and farmers and which do not directly gain monetary profit from the ultimate consumer affects wholesalers.

However, it's always best to clearly spell out exactly who and what is exempted, rather than leave that interpretation to attorneys and judges.

Anonymous said...

The Agricultural dedication is very important for lots of local people to keep their lands and not open them to development or be forced to sell family land. Many people must work multiple jobs and cannot afford to be farming their land this moment, but deserve the classification because nothing other than the fact that a farmer can't afford to live on the land and just care for it anymore. Keep the ag dedication, it is one of the most important thing for Kauai to be Kauai.

Anonymous said...

Yikes! Are they sending the experimental corn seeds from Kauai all over the world? What corn seeds are being shipped out?
Have they been approved by the FDA?
And if they are using some lands for other crops, it's scary to consume these crops because the soil is full of pesticides that will be in the crops. wE purchased a home on former cane land and were told not to plant certain crops in the ground for consumption because the soil was contaminated with pesticides.

Anonymous said...

Not all the seeds grown here are experimental, or even genetically modified.

Anonymous said...

i am aware that not all corn grown here are experimental, but who's checking what they are sending out! Also, where are non gmo corn seeds being grown by these companies? What kind of seeds are they--hybrids that are quite okay, but may now be contaminated by the gmo types grown in a 2 mile radius?

Anonymous said...

Anonymous 8:02 AM said, "wE purchased a home on former cane land and were told not to plant certain crops in the ground for consumption because the soil was contaminated with pesticides."


And you believed that BS. It sounds like you were kinda dumb to buy that property if you actually believed that crap. but I guess you had the soil tested. Or maybe not so you could still make the unfounded claims you so love to make.

Imua said...

I always buy land that has contaminated soil, too.

Anonymous said...

12:34--better safe than sorry! yep, stupid people purchase contaminated land, cuz--that's the only place most people can afford---also, a lot of people know how to clean up their soil and make it right----container gardens also make good sense. For me, i replaced my garden soil with some safe soil---also, you don't have to believe 8:02, but didn't you read the report about atrazine in the waterways from cane sugar days? Gotta study up on these things--make sure you are aware and doing what's safe/good for you and your family!

Anonymous said...

Corn hybrids require an isolation of 600 feet unless the hybrid requires the cross pollination to "create/manufacture" the hybrid. Each seed company has seed processing plants that are inspected both by the state and by USDA. The seed companies are in the seed business they sell seed. They depend on the farmer who will buy the seed will get what the traits that were promised to the farmer gets produced when the farmer grows the seed. They grow the seed out and check to see that the seed that is produced is as "pure" a "hybrid" so that they can deliver to the farmer what has been promised.

That's why the seed companies need all those workers that are in the fields and labs.

A hybrid that is being sold for feed may need traits that will allow for cutting of the corn plant and chopping the whole plant up for feed or growing the corn to maturity and using the mature corn kernels for ethanol production or for inclusion in animal feed as kernels. Different use. Different traits. Different hybrid.

I can feed my chickens on Kauai for about $40.00 a bag for organic or $22.00 for regular. The difference was covered in the video King Corn when the farmer said that his production using GMO corn increased from 40 bushels to 140 bushels.

I think that it is no surprise that the hotel that was languishing all these years at Pakala has moved along after all this discussion against the seed companies.

Joan has been trying to point out the huge ultimate impact of the anti ag proposals that have been surfacing.

My family farm would have made 100 years in 2019. The choice for me was leave it in ag and trust the county council to continue to give task breaks to farmers and lease the land to organic farmers who have clearly stated that they cannot provide a living wage to their workers and live off of $882.00 social security because I primarily farmed all these years or close down and develop my property and get a retirement.

You do the math.

Remember that Grove Farm, The Robinsons and A & B are all doing the same math. We are in the middle of another huge change on Kauai. The two Etrade guys have also done the math and we are seeing what is happening with them.

Simple equation. Stay in ag and fight regulation, irate neighbors and hardly any return or cash in on development. The more land you have the bigger the mix of ag and development. The smaller your land the more drastic the conversion. We all will be living with the answer to that simple question.

Anonymous said...

Anonymous 8:31 said: "God help us. Everyone that sets up business on Kauai think we are so fucking stupid."

That's because we are.