Wednesday, August 19, 2015

Musings: Follow Ups

To follow up on yesterday's post, representatives from the state Department of Land and Natural Resources, state Division of Parks and Commission on Water Resource Management came to Kauai and met with the kayak operators about the “missing waterfall.”

They toured the area above the falls, checked out all the ditches, and guess what? They determined Uluwehi Falls dried up because of the drought, just as the state had been saying all along. Nobody is “stealing the water” or doing anything sinister to mess with a tourist attraction that the kayak companies relentlessly promote as "Secret Falls." 

Meanwhile, three inches of rain fell in the area and the falls were partially restored yesterday— by nature. Folks might also have noticed that the same rain turned Opaekaa into a respectable waterfall again.

As a friend noted, “So .can we label people who don't believe that a drought can turn off a waterfall 'climate change deniers?'"

Hopefully, some of the kayak operators will use this opportunity to learn more about Kauai watersheds and stream flow patterns so they don't make ignorant comments like, “Makaleha had falls so Uluwehi should be running.” Makaleha feeds Kapaa Stream, which is quite a ways from the Wailua River.

In following up on Council Chair Mel Rapozo's quest to audit the Kauai Humane Society, I learned the nonprofit agency already provides the county with full detailed financials on a quarterly basis, as well as statistical program information. It also submits a yearly outside audit. 

So what, exactly, is Mel looking for, if he doesn't want to get into how many cats are being euthanized? Or was he just responding to pressure from the folks who want to save all the feral cats and turn KHS into a no-kill shelter?

The Hawaii County Council, meanwhile, rejected a proposal from Councilwoman Margaret Wille — the same politician who pushed through the GMO ban that was overturned by the court — to stop using glyphosate and a number of other herbicides in county facilities.

As West Hawaii Today reports, the bill was facing certain death when Wille yanked it from discussion. The public works department had estimated a glyphosate ban would add $2 million to $5 million to its annual budget for keeping roadsides and ditches free of weeds.

In other news, the Kauai Planning Commission last week removed a condition that would have prohibited Shredco, a composting company in Kekaha, from processing green waste from the seed companies.

Chair Angela Anderson had pushed the condition requiring Shredco to keep seed company green waste separate and ensure the public received none of the mulched material. But Shredco's attorney, Lorna Nishimitsu, asked for a reconsideration, saying there wasn't room on the 12-acre site to segregate materials and the owner has no way of knowing whether materials brought in by others might also contain genetically modified organisms.

Nishimitsu also noted that “restricting materials from seed companies is beyond the scope and jurisdiction of this commission” because there is “no federal or state prohibition on growing GMO organisms” and the company's pesticide use is similarly in compliance with the law.

Angela defended the condition, saying it's “our duty to protect the public trust, protect our ground water” and “make sure the public is aware of possible pesticides and contamination in the [compost] they receive. The public has a right to know what's going on. If these materials are co-mingled, there would be no way to trace where this particular toxin came from.”

Well, if you're using that logic, then you'd need to also separate green waste brought in by golf courses, resorts, the county, landscapers and others who use pesticides. And you'd have to impose similar conditions on other compost operations.

Councilman Gary Hooser predictably supported the condition, claiming that compost produced from the green waste could “contribute to inadvertent and unwanted contamination of other crops.” He also thought the material should be tested, and include public disclosure. Gary once again submitted testimony that reflected the position of his nonprofit group, HAPA, but was typed up by county staff on county letterhead.

Gary also thought the topic should be reposted because language on the planning commission agenda “does not provide the general public sufficient notice as to what action is actually being considered.” In other words, it slipped by the anti-GMO folks, who didn't have time to get all fired up.

The commission, with the exception of Angela, voted to remove the condition from the permit.

And finally, Lisa Arin, who recently left her job at the Office of Prosecuting Attorney, plans to challenge Prosecutor Justin Kollar in the 2016 election. Lisa faces an uphill battle, since she's a political neophyte and Justin has gotten amazingly well-connected. And unlike his predecessor, Shaylene Iseri, Justin has no scandals to exploit.

Still, it's always good to give people a choice of candidates. Oh, and note to former deputy prosecutor Melinda Mendes – you might want to nix that Facebook picture of you wearing one of Shay's lei if you plan on stumping for Lisa.

59 comments:

Chuck Lasker said...

The misinformation campaign of Hooser and his little fisties has clearly been very effective. And the seed companies have failed to overcome the false beliefs that they are using more than normal the amount of pesticides, and that non-GMO crops don't use pesticides.

When the anti-GMO campaign was losing steam, the activists smartly started equating GMOs with pesticides to tap into the common fear of "chemicals." Now people think GMOs are themselves pesticides, even talking about "spraying GMOs" and "pesticides baked into the crops."

Recent research into the psychology of changing minds has shown combating misinformation with facts doesn't work. It doesn't work with climate change. It doesn't work with vaccines. It doesn't work with GMOs. And, apparently, it doesn't work with seed companies executives, as they refuse to change their minds about how to combat the misinformation campaign, and continue to try to use facts and old school PR methods. So the anti-science wheel continues to spin unfettered in Hawaii.

Anonymous said...

I think Tim Bynum should run for Mayor or Council. Let's bring integrity inot the system.

Anonymous said...

IRT 11:07 - My coffee came out my nose at that one!! lol

Anonymous said...

Segregate GMO mulch? Are these people insane?

Anonymous said...

I agree. Tim and integrity. Not.

Anonymous said...

It was hard enough to rid ourselves of Bynum the first time..

Anonymous said...

it is always easy to say that "I can do that job better than the person that is already doing the job". just like my Indian friend who says chance instead of how? he told me he knows how, just need chance.

Anonymous said...

Anybody can do the county parks and rec's directors job. All you have to do is hire consultants to do it for you while taking home over 100K a year for doing nothing but waving some campaign flags. You don't even need the education, experience and or qualification to do so.

Anonymous said...

So the green waste generated by these companies could not contain genetically modified seeds? Could the same green waste contain higher levels of restricted use pesticides? I guess we won't know cause there is no testing and no disclosure. Why doesn't the company at least disclose? Or test to put fears at rest?

Anonymous said...

The anti-GMO Fistees are gathering their forces and huge kala for a full blown Council run next year.
Da Hoos may go for Mayor and there are a few whack-jobs, like Mini Fistee Dylan Hooser, Bynum, Felicia etc.
Money will turn the tables. Just imagine a Council with JoAnn, Da Hoos, Mini Hoos, Felicia etc.
Big Ag will be taxed and harassed out of existence. And say Bye-Bye to any County needs for roads and access from Grove Farm. It is a good thing that Steve Case is a soft hearted guy, or GF would shut down the County access to the new dump, costing the County millions in additional roads. Shut down all old cane roads used for emergency use, shut down all mauka and makai access needs for water. etc.
I hope Mel the Mayor and the other good guys wake up. The wealthy new-comers will fund and elect the whack-jobs.
If you think it is hard for a young family today, wait 'till the Fistees,JoAnn and Mini-Hoos stop all development for the locals.
But then again, if we have JoAnn and Felicia on the Council at the same time the meetings would run on for days and even less would get done. And thru the frustration there can be a lot of humor.

JoAnn, Da Hoos and mini-Hoos' friends all gots theirs so all is well......I wish Shay was back and could bust many of the Ag lots with all their "farm workers" staying in tents and bootlegged 'outbuildings".
Check out Craigs List and see how well JoAnn's greedy attempt to control housing works. All ya gotta do is work 3 days a week on my farm and I'll letcha have a place to stay. Gag me with the Rice Scoop from Tim Bynum's million dollar Rice Cooker, I hope the regular folks realize that the assault on housing, hunting, dogs, huli-huli, chimneys, Kokee etc.....is just starting. A bunch of rich new-comers, money and the belief that their wealth makes them know more about Kauai and the island's needs than some Big Ag sabedong guy whose family has been in the soil for generations.
Time for the Mel to reach out and see where the money that is going. Da Hoos HAPA and other anti-local groups are busting out with big dough.
Time for me to go take another light up a Fattie, take a Zoloft and two Secobarbital sodium Lilly F-40s. I gotta relax.
The end of life as we know it is nearer than we think.

Anonymous said...

Yes it is good for the people to have options. But I don't think Ms. Arin understands that being a department head means you need to be able to be a team player and have the ability to deal with personalities and managing a department. From what I understand, she was doing a good job at her case assignments so why abandon them? It is also widely known in the legal field on Kauai that she was NOT approachable, had an attitude, was snooty, and mad that Mrs. Winn was appointed 1st Deputy instead of herself. I commend Mr. kollar for that appointment as Mrs. Winn has held the position of 1st Deputy during the Iseri administration and also served as 1st Deputy while serving in the County Attorneys Office. If Ms. Arin can't appreciate the solid administrative team Mr. kollar continued to build by appointing Mrs. Winn, then it just goes to show she may not understand the goals of management and administration in running a department. Good luck to Ms. Arin as everyone has a right to throw their hat in the pool, but I'm with Mr. Kollar on this one.

Joan, thank you for bringing up this topic, it will be an interesting race to follow.

Anonymous said...

Lisa Arin? She hasn't done anything for the community outside of work? At least the haole guy was active in community volunteerism prior to even running for office. sounds like a case of sour apples cause someone didn't get appointed first deputy...

Anonymous said...

Melinda supported Shay before she supported Justin before she supported Lisa.

Anonymous said...

Shay so people can get out of jail for $200. Oops I mean the people she chooses like friends and family.

The guys that stole 3 ATM machines got arrested for stealing first ATM machine and (1) paid $200 got out jail, stole the second ATM machine and (2) paid $200 got out of jail, then stole the third ATM machine got arrested and (3) paid $200 and got out.

Has any of the ATM machines ever been recovered?

Shay really showed how she cared more for the criminal(s) instead of public safety and that's only 1 of many cases where connected criminals were able to get away with crimes from a program created by a former defense attorney, councilwoman, and at that time the Prosecuting Attorney.

That's only 1 of many scandals and blue collar and white collar crimes that were committed on her watch.

Yeah right she would be a good councilwoman!

The public and public servants were targeted for retaliation when that former PA had an AXE to grind.

She's no good and her and a councilman should be in JAIL.

Anonymous said...

Opaekaa still looks the same, lower flow than usual.

Anonymous said...

The county has always been outsourcing its functions. Department heads just rely on the civil service staff. Name one department head who knows what he or she is doing. These heads are full of hot air and brain dead. Number one is the mayor, parks, personnel, public works in that order. By the way, what happen to the payroll audit and the gas theft? Swept under the rug by Janine?

Anonymous said...

Justin Kollar is a wet noodle! At least MRS Arin has a backbone! How many cases has Justin prosecuted? 2 in the past how many years? And I'm pretty sure he lost both of them.

Tyler said...

@2:56

What do you mean "could the same green waste contain higher levels of restricted use pesticides?" Joan is trying to explain that sure it's fine if you want your customers to know what's in the mulch, but you can't single out a single industry when they're not the only persons using pesticides, herbicides, fertilizers, and god know what else chemicals. Golf courses, private landscapers, hotels, condos, even residents also use chemicals. Heck I use that terrifying thing called glyphosate that has everyone up in arms, except I call it round up. If they want their customers to know that their mulch is GMO and pesticide free, the company has to test it AFTER they've processed it and have it ready for sale. Otherwise that's like saying I make healthy double chocoholic dream cookies because the flour I use is low sugar...

Why don't you just assume there's GMO and pesticides in the green waste from Shredco, because seed companies sure as hell don't have exclusive rights to the application of those scientific developments. And why are you still afraid of GMO's? Unless you've personally grown and prepared every single one of your meals, you've guaranteed have eaten GMO before and you're clearly not dead yet. Nor are a large portion of the other 350 Million people in this country, despite what fistees are saying about the danger of GMO.

Also I don't know if you've ever gone and tried to use green waste mulch before, but there's a reason you don't use it for anything but back fill. That shit's nasty. People throw in all kinds of undesirable stuff: crap hila hila, crap palm leaves, and just plain crap. Whether you can eat that mulch and stick to your GMO-free diet is the least of your worries. Heck, the seed company is probably the only group not putting mostly weeds or fertilizer-soaked green grass clipping

Anonymous said...

Joan,
Surely it is just a coincidence that Ms. Anderson's legal practice is focused on real estate.

Anonymous said...

5:27 -- Really? You didn't notice the brown water and the gushing falls?

Anonymous said...

Yes Justin has done only 2 jury trials --years ago-- and he lost them both. Justin told the voters as the head of the office he was going to handle cases and go to court but until the recent mass exodus at his office he was too busy making political connections to be bothered with court or the office. Justin claimed to the county counsel at budget earlier this year that he carried a caseload. What he did not tell them was that his caseload was a couple of minor level felony cases. But hey we should all vote for him to continue to be the head Prosecutor because he takes nice photos ops proving he went to the Bon dances and the beauty pageants. After all those are the important qualifications of a prosecutor right?

Anonymous said...

Sounds like more sour grapes from the deputy prosecutors.

Weren't Lisa's big wins overturned on appeal? Meow…..

Btw, I don't recall Justin making the campaign pledge that he was going to handle cases and go to court. But if he's doing so now that his office is short-staffed, good on him.

Anonymous said...

To Anony 3:22 and 3:28 Kollar supporters: Mr. Kollar got into office with less supervisor experience then Mrs Arin. He mentored one or two colleagues who had less experience in family and district court then him and used that to call himself a Family Court and District Court Supervisor. Kollar supported Iseri until in her typical fashion she moved on to another favored DPA. Then he quit. You think Kollar understands what it takes to be a manager then why have clerks and prosecutors been leaving in droves. The current experience level of the office should put fear in the community...who is doing the serious trials?

Anonymous said...

YES.

Anonymous said...

6:35 was written in response to: Segregate GMO mulch? Are these people insane?

Anonymous said...

Justin may not have had management experience and may not actively prosecute. But he sure knows how to brown nose and pick easy winners.
There are MANY "cold-case" files of murder, rape and current crimes that go unpunished.
The Cops need more money to investigate, BUT the prosecutor must push the Cops to do their job.
Without equal enforcement and prosecution of law, we are just another li'l island that can't care for itself. Law allows our society to work, it is paramount to everything else. Without law we are animals.

Anonymous said...

Hey meow 6:01 I think you are confusing Lisa with someone else. No appeals on Justin cases though since no wins. And by all means Meow because YOU don't recall it it must have never occurred.

Joan Conrow said...

I got news for ya, 6:46. Even with law, we are animals. And the rest of the animal kingdom doesn't engage in a fraction of the disgusting behavior that homo sapiens do.

Anonymous said...

hows about you do this, ask ANY deputy currently working in the prosecutors office if they would have stayed if MRS arin was appointed 1st deputy...that should answer it for you. and if you want to know why deputies and clerks left the office, just ask the office for the reasons, they've been transparent about anything in the office. im pretty sure most of the attorneys that left actually left the island to go back home...and the clerks that left, left because they could get paid more elsewhere...its common knowledge you get paid more in private sector

Joan Conrow said...

For those who still cling to conspiracy theories to explain the depletion of Uluwehi falls, rather than natural cycles, consider this:

The USDA has just designated Kauai and Maui counties as natural disaster areas due to drought. The USDA disaster assistance program is available to farmers.

Anonymous said...

I've been beating this drum for almost 10 years and still nothing from these clowns.

They all make 100K and none is qualified to solve these cases.

I have already solved a few of these cases for free and they turn a blind eye.

Fuck the Kauai Mafia and the dirty syndicate pigs

Anonymous said...

You can lose Jury trials when the judges stack the pool to manipulate the outcome.

Trust me the judicial system on kauai is corrupt.

Anonymous said...

There is a big diversion on the north fork that feeds Slogett reservoir. Couple of weeks ago the spillway way flowing so my guess is that the spillway feeds back into the north fork. Slogett also feeds Opaekaa stream and the little waterfall you can see opposite of Lydgate rise. My guess it also feeds Gerry Ornellas's stream and the dry twin reservoir. It may even go to the reservoir by Johnny Gordines's farm. These are significant diversions during a drought year. I kind of wonder if the state is taking more water out for Slogett to try to balance the oxygen levels in the fairly recent filling of the newly renovated reservoir?

Joan Conrow said...

First, you say "My guess [is] it," which indicates you don't really know what is feeding what, then you make a pronouncement: "These are significant diversions during a drought year."

Shouldn't you find out what is actually being diverted, and where, before you weigh in on whether they're significant in a drought year?

Anonymous said...

Most local folks, even on the westside, believe that the water is being diverted --- there have been too much bulls___ing going around on the island for us to believe otherwise. Power and greed and maybe survival make some do sneaky, underhanded stuff! And many times, they get away with it!

Gary Nelson said...

I was hired by Shay and kept by Justin. I left in July 2014 because I had promised my wife that before we started a family we would move to Oregon where her family lives. It was not easy to carry out that promise, but it was necessary. I loved my job on Kauai and did my best to prosecute domestic violence while I was there. I still care deeply about Kauai and the OPA.

I didn't leave because of any personality conflicts, or any tension in the office. I left for personal reasons. I loved that office, and felt like there was a great working relationship between all of the deputies and staff when I left. There were little things here and there, but nothing that we couldn't put aside in pursuit of the greater goal. We were a team, and a good, strong team. I don't know what happened between then and now, but I truly hope it gets back on track.

I wish I had the freedom to return and help Justin and that office right now. Not to pass judgment on anyone, because I don't know what happened, but I have always believed that no matter what happens, a prosecutor cannot lose sight of why they do the job: justice. What could possibly have been more important then obtaining justice for the families of those that had been murdered? Or raped? We do the job for them, not for ourselves. A prosecutor's career is not about themselves, and never should be. It is about the cases. The families. And most of all, it is about doing what is right, finding the truth, and effecting justice.

Justin was able to put together a great team once. I hope he is able to do so again. While I was there, he did an excellent job as the elected Prosecutor. His job wasn't about being in court, or carrying a caseload. It was about making sure his deputies had what they needed to do THEIR jobs, which was being in court and carrying a caseload. It was also about learning who his deputies were and what they were best at. He did a good job of that too. It was ALSO about managing a great many personalities and egos.

Attorneys are inherently cocky and competitive. We believe in ourselves. We have to if we want to be good at our jobs. We must have the nerve to face down opposing counsel and a judge and tell them what the law is and why we are right, and the conviction of purpose to convince 12 people of the guilt of a person when we often cannot even show them all of the evidence. Humility is difficult for us as a species. No office of attorneys will go without conflict as a result. Not to mention, my time in Hawaii taught me that people local and native to Hawaii are a strong, proud people, that will stand up for themselves whenever they feel slighted. Those are good qualities but also make life for the head of an office difficult. How do you manage 40 people like this? With patience, tolerance, and diplomacy. Justin has that. I believe in him as a leader, because he led me. And I wanted to follow.

Anonymous said...

Sour grapes and wet noodles. Nice to have choices.

Joan Conrow said...

To9:48 -- I researched your comment and this is what I learned:

Water can be moved into those streams and reservoirs from the North Fork Diversion but the main transmission line that does that is closed for repairs and has not run in two years or so.

The streams that feed Opaekaa are not diverted and never have been. No one is attempting to regulate oxygen levels in Wailua Reservior. The upgrade of the reservoir greatly reduced the capacity of water impounded and the lower spillway now activates even in moderate rainfall.

So it seems your suspicions and speculations do not jibe with reality.

Joan Conrow said...

Dear Anon. If you're going to talk trash about Gary Nelson you'll need to own it with your name.

Anonymous said...

Hey Melinda, why don't you leave your name instead of anonymous comments. we know it's you since you were obviously pissed off you weren't appointed first deputy. =p

Anonymous said...

@ August 20, 2015 at 8:48 AM: the clerks who call the jurors don't care who's in the pool. They just want enough people to show up.

Anonymous said...

Gotta luv you Joan but your bias is showing by allowing only one way anonymous trash talk.

Joan Conrow said...

There's been plenty Anonymo trash talk on both sides. Let's give it a rest.

Anonymous said...

Big bust!

The Garden Island

LIHUE — About 60 law enforcement officers, including representatives from the FBI, IRS, U.S. Postal Inspectors and Kauai police, raided Kauai homes and searched cars Wednesday and Thursday, resulting in five arrests on drug charges.

James Balino, 34, Bronson Balino, 31, Rodney Cremer, 42, and Sonya Tupou, 24, were taken into custody in the early morning hours. Another man, Gared Makaiau, 43, was in custody Wednesday.

POISON PUSHING LOSERS! ROT IN JAIL.

Anonymous said...

". What could possibly have been more important then obtaining justice for the families of those that had been murdered? Or raped?"

Oh please. Delusional these prosecutors.

Yah a prosecutor or two a year might prosecute (and likely settle) one or two of these types of cases on Kauai, but the vast majority of what those OPA lawyers do is hurting regular people for minor things like forgetting to renew a license, missing court, car accidents, getting high or minor traffic shit. It is revenue generation for the State plain and simple and it is probably a net harm for society. Stop congratulating yourselves and try tackle violence.

Every time you prosecutors convict some disorganized dimwit and give him a criminal record or put some non-violent hapless soul in jail or fine them a few hundred bucks you are doing much more harm than the average criminal thug. The predator loves the delusion that he is helping something.

Anonymous said...

A cynical view. Dont call the cops when someone steals ur shit.

Anonymous said...

See the obvious response from a prosecutor.
You don't love me so don't ask for any help from law enforcement.
Mean spirited, selective and delusional.

Anonymous said...

The prosecutor is supposed to enforce the laws as written. Wtf do you want them to do? Ignore the laws or selectively enforce them? Talk about delusional.

Anonymous said...

Unselectively enforce away but don't confuse that with doing good.

Just saying there is a disconnect between having a self image as one who is bringing murderers and rapists to justice when you do that almost never, and what you really do with your professional life most of the time is shakedown the poor and mentally ill. Prosecutors in 2015 America broadcasting pride about doing justice is like Republicans pridefully saying they are the party of Abe Lincoln. Self-delusion.

Anonymous said...

If you think these offenses should be decriminalized, go to the legislature. But why blame the prosecutor for enforcing the laws as written?

Anonymous said...

Like I said, unselectively enforce away. Just don't confuse that with doing good in the world.

Anonymous said...

Enforcing the law without considering a person's race, creed or social status is doing good.

Anonymous said...

only as good as the law itself

Anonymous said...

Who has a creed?
I know who has a cliche

Anonymous said...

I'm sure the German soldiers thought the same thing in 1936. Our orders are the law. They are therefore good

Anonymous said...

Yeah that would be an apt comparison if the penalty for violating traffic laws was death.

Anonymous said...

laws against prostitution, cannibus, gambling, are all bullshit. go ahead, feel good about enforcing them. tell yourself you are doing good.
a few years ago it was illegal in many places to be homosexual. the self righteous prosecutors felt good that upholding the law is always good.
more hawaiian in jail than any other race per capita, so not sure about your equal enforcement claims either.

Anonymous said...

Wrecking the career of a good guy because they were betting on football games?
yes, doing good. lol.

Anonymous said...

The OPA are overpaid in most cases, and under qualified as well.
They hire new attorneys, and start them out on $70-80,000 and these people plead out as many cases as possible, DUI's are almost always pled down because they can't prove the case, even no license cases are fairly often lost.
Photo shoots and shmoozing to get re-elected just like all politicians instead of public service, thats what its come to. Conviction rates mean nothing if it's all plea deals.