From today's The Garden Island:
Councilman Gary Hooser believes the Planning Department overreacted when it issued cease and desist orders to homestay operations operating outside the Visitor Destination Area.
“I don’t know what the problem is,” Hooser said. “If it’s parking, we’ll deal with parking. If it’s noise, we’ll deal with noise. But we can’t solve the problem with a sledge hammer because that will hurt people and ruin their lives.
Uh, hello! The people had no permits. They were operating illegally. They were given an opportunity to come in and get permits. But some were unable to qualify, either because they had zoning violations or were operating on ag land. Others were denied, but are in contested case hearings to appeal that denial.
Come on, Gary. Are you really that ignorant of this issue? Or are you just playing dumb to cater to the TVR/B&B crowd? Or are you simply taking your usual approach, which is to spread lies and misinformation?
In any case, to answer your question, the problem is clearly YOU.
Councilman Gary Hooser believes the Planning Department overreacted when it issued cease and desist orders to homestay operations operating outside the Visitor Destination Area.
“I don’t know what the problem is,” Hooser said. “If it’s parking, we’ll deal with parking. If it’s noise, we’ll deal with noise. But we can’t solve the problem with a sledge hammer because that will hurt people and ruin their lives.
Uh, hello! The people had no permits. They were operating illegally. They were given an opportunity to come in and get permits. But some were unable to qualify, either because they had zoning violations or were operating on ag land. Others were denied, but are in contested case hearings to appeal that denial.
Come on, Gary. Are you really that ignorant of this issue? Or are you just playing dumb to cater to the TVR/B&B crowd? Or are you simply taking your usual approach, which is to spread lies and misinformation?In any case, to answer your question, the problem is clearly YOU.
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59 comments:
Nice picture Joan!
The title is correct..yes he is stupid! And as Chair of Public Safety for the Council what a message he is sending. In his world, he wants to manipulate his version of the legal system or the laws of the government to suit his personal agenda to say it is okay to break the law.
"Come on, Gary. Are you really that ignorant of this issue?"
YES!
"are you just playing dumb to cater to the TVR/B&B crowd?
YES!
"are you simply taking your usual approach, which is to spread lies and misinformation?"
YES!
Gary showed his bias big time once again, let's find a way to permit those who have been breaking the law. How does that jive with the guy who wants to make sure all the rules are followed on agriculture lands, um no, he only wants to enforce the laws he thinks should be enforced. He needs to go, what a creep.
Gary Hooser wants to incentivize what's currently a non-permited (or illegal) use for guest houses. That's right, give them a tax break if they rent them out at affordable rates even though the owner's can only get these guest house structures permitted if they agree not to rent them since they are supposed to be used by family members only. Hooser goes on to say that the county should even consider letting the guest houses have kitchens since many are being rented and have added kitchens (again, illegally) already. Following his logic, why even have a Planning Department? Surely his ulterior motive is trying to get a tax break for the lockout unit at his own residence that he rents out. Slimy and always self-serving.
Gary's Gotta Go
I am against TVRs/BnBs, but the facts are this. The Planning Department had no real merry-go-round of permits to get a TVR permit. They didn't even have a word for TVR in the early days.
If you went in to Council workers, where the laws are supposedly kept and available to the public, you got a blank stare and either "come back later, I can't find it" and then after you went back and got stink eye. paid 80 cents for the 8 pages at 10 cents per, the supposed rule was there. Confusing at best. And not really clear.
Planning would look at you like you were a strange beast, worse than the typical Haole Realatoers that jam up the line at Planning.Anyway. There was no assistance to get the permit which was an unknown arcane item.
Fast forward to Mike Dahlig, after years of conscientious humble and helpful Planning Directors (with the exception of the east coast Tofu Eating light wrist that JoAnn brought in from the east coast), we get a Hooser-type...Big Mike Dahlig, a well spoken smart attorney--. A Power hungry lawyer, with no Planning Experience, hard edges every section at Planning, steps on smart staff and all of a sudden, HE IS BIG NEWS and Big power. The Planning Department used to be cumbersome, but you got clear answers for any problem. Today there are NO answers. Mike has told his people "Don't give an answer to any question" so after you fill out myriad forms as to what or what you can or can't do on your land...and the bottom of the forms say "don't really rely on this document, do your own research". One goes to the source and the source is ambiguous.
Ego-Maniac Mike, dominates the Planning Commission, the first time that a Director, makes suggestions on open floor. Changes Dept reports and runs over the weak kneed Commissioners.
His claim to fame and his stepping stone to Higher Appointments in Oahu is blasting the TVRs. Very few complaints on these hundreds of operations. I had one next to me for 17 years and didn't even know they had one. But Big Mike, sees an opportunity to get more employees and power, he sees headlines and fame. he sees other County and the State watching and hope they are saying "Hey this Big Boy from Kauai got Moxie. let's get him for us"
Mr Hull, Mikes assistant glory hound has the personality of a hard rock.
Look, some of the TVRs on the NS have been very bad. But the NS is f8cked up anyway. It is a haven of wealthy people who have no touch for Kauai. Focus on the NS.
But some poor folks who have been giving silent and happy rooms to some BnB vacationers should be allowed. If there ain't no complaints , don't do no denial of the TVR.
Again, we are taken for a ride by an zealous ambitious power hungry leader. Big Mike, don't want to live and die on Kauai, He got big plans for his ownself.
And now we will watch PREFERENTIAL ENFORCEMENT as the Planning Department thumbs thru the Lihue additional room rules. THE LAW is that in order to get a permit. ALL, yes ALL Building codes must be signed off and the property must be in total compliance with the law. Let's see how the Planners let the hundreds of illegal decks, fences, rooms and kitchens off the hook in Puhi, Hanamaulu and Lihue.
The TVR folks that are in a lawsuit, need only look at the preferential enforcement that Planning does on a regular basis....and they win. Preferential enforcement is a violation of the basis of all law. We should all be treated equally.
send gary a message! vote his ass out of kauai politics.
And you people don't see that big pharma and big poison pesticides is one in the same.
Monsanto targeted in potential mega-merger
May 19 NEW YORK
The world's largest seed seller is the target of a massive takeover bid from Bayer.
Monsanto (MON) disclosed late Wednesday that it has received an unsolicited offer from its German rival. Monsanto said its board was reviewing the proposal, but cautioned that a deal was not guaranteed.
While the companies did not disclose the offer's financial terms, Monsanto (MON) is likely to command a price that exceeds its current market value of $42 billion. Any deal would require regulatory approval.
Bayer (BAYRY), which is strongest in Asia and Europe, stands to gain from Monsanto's expertise in agriculture and seeds. The combined company would span pharmaceuticals, consumer health products, agriculture and pesticides.
Bayer would also benefit from Monsanto's regional strength in North America.
Related: Monsanto CEO frustrated over 'polarized' GMO debate
If a deal is struck, it would be the latest example of consolidation in the agribusiness and chemical sectors. Last year, Dow and DuPont combined to form a new industrial titan worth $130 billion.
Monsanto pursued a mega deal of its own in recent years, but ultimately failed to pull off a merger with target Syngenta. The Swiss company later agreed to be purchased by ChemChina for $43 billion.
By Robert Mclean May 19, 2016 04:46AM EDT
That pic is from the 2491 hearings a screen grab capped to catch the frame so he looked goofy. Full disclosure I am a Hooser and Yukimura supporter and I supported 2491 but I am not a fistee because I did not like the outside groups usurping our local style of protest.
But on this particular issue I am utterly and totally in disagreement and utterly opposed to his stand on this issue-so much so that although I am a long time friend I may possibly not vote for either of them for the first time ever.
If one would check craigslist often they would see rentals being offered at Aliomanu for between $2000.00 to $3000.00. I am wondering if these are all legal rentals.....I can remember when we locals...(my family) could rent a 3 bedroom house there for $125.00 a night......We used to go there on family staycations...........NOT ANYMORE...we locals loose out on the beaches, the Kokee cabins, Kalalau, and many many trails that are now closed to the public...........The rich people and those with NO RESPECT for the land are pushing us out of our beloved island Watch who you vote for people. We need to STOP all of this.
Gary is 100% politician. He's a smart man but he's using his God-given intelligence for personal gain through double-speak, misrepresentation of facts and pandering. Let's get him and several others off the council in the upcoming election.
Just wait until Planning decides to enforce farm dwelling agreements. That's right, any dwelling on Ag zoned land is required to farm. These mega mansions in upscale Ag subdivisions, some of which have CC&Rs that actually prohibit farming activities, are legally required to farm in order to justify having a dwelling on site. If this law were truly enforced, all hell would break loose as most of these farm dwellings do not really have even minimal farming activities occurring.
Another rhetoric about Hoiser from a white devil slave who calls herself an award winning journalist.
What a joke you are and have become.
One of the biggest mistakes our island has made was granting TVR licenses outside of the VDA, and especially having those licenses run with the land, so that they could go on in perpetuity . Not just from the angle of disruption in our neighborhoods, but in the way it raises the price of those properties, and therefore keeps hardworking kauai people out. Our council instead of trying to add another class of vacation / business use to our neighborhoods need to wake up and work on reducing the TVR's they have already given out. If investors don't like the return a long term rental provides, they can pass and the price of the property will adjust until it is appropriately priced for a rental that helps our community. If there weren't so many TVR's the Hooser would not be trying to again add density into our neighborhoods. TVR permits, outside of the VDA's, need to sunset when a person sells or otherwise transfers their property. This is BS. Come on people ......
8:53. The jokes are Big Fern, Hooser, false cracking farmer Barca, Malia Chock Chun, and Mason Chock. Now that is a bunch of cartoons.
To 8:53 AM
White devil slave? Thank you, Louis Farrakhan.
8:53 - good morning, Gary. I see you just got up?
So Gary wants to shut down responsible businesses because they don't follow the laws of other countries, but gives a free pass to friends of his who don't follow our own laws. SMH. Give him the boot.
So Gary uses the sledge hammer approach on Kauai's Ag industry, but can't handle it when it's used against illegaly operating B&B's. Everything that Kauaians hold dear would have been demolished should the B&B ammendment have passed. The ammendment would have provided an open opportunity for grandfathering with a class one permit vs a class 4 that is needed today. So the nine people that they claimed would have been affected is bogus. It could have wound up to be 9000. if the tricky ammendment would have passed all one would have to do is walk up to the planning window and say " can I have a B&B PERMIT", and the answer from the clerk would be "how many do you want". So don't let this Hoosier, Yukimura's charade fool you. This would have been a loophole that could have turned Kauai into a Maui in a very short time.
Keeping Kauai' rural and the most beautiful island is what the Kauai residents want, and finally four Council Members, Mason Chock, Ross Kagawa, Kipukai Kuali'i and Arryl Kaneshiro made it happen. We will remember come August and November.
Haha Joan, I see you provoked the "syndicate slave pig" guy's ire!
The alarmism on the B&B issue is reminiscent of the alarmism on GMO. I'm still waiting for someone to prove that either one does harm before I can jump on the train to ban either one.
As for B&B's - IMHO the issue it is a big ole who cares. I lived next to one in Wailua for a decade. Wonderful people renting out spare rooms. Its just bedrooms they renting. I don's how it is worse if a tourist sleeps in the extra room than nobody sleeping there, or Ross's nephew sleeping there with a long term lease (although who wants a long-term renter sharing their guest room for a year?).
The half local/local haole family who owned the house near me picked up some spending money, employed housekeepers and landscapers and it was a net positive for the neighborhood. The neighbors would sometimes chat with the vacationer, gasp. It was all sort of Normal Rockwell. I read the hatred about these B&B's and it seems so disconnected from the actual reality that I observed.
Other than neighbor feuds, I wonder if Planning has ever even received real complaints about real B&Bs? But then again, I did hear councilman Kagawa saying the goal of the anti-B&B law is to get "transplants" out and force Kauai housesat be sold from newcomers back to local people. Me thinks this debate is a proxy debate about the haves and the have nots. Passing a law that directly makes transplants sell their homes to locals would probably not pass legal muster, but at least Kagawa was honest in what he its trying to do. He loses my vote for his prejudice, but gets some of my respect for his honesty, at least.
We stayed in a B&B for 2 months a few years ago. It seemed so harmless. Whatever gets votes I guess.
Seriously, your neighbor who rents a spare room and serves GMO cornflakes for breakfast just isn't doing any harm to anyone. But on Kauai, one half of the demographic fears the tourist in the spare bedroom and the other half fears the cornflakes. And the two factions hate each other.
@10:51. Says "John Kauai," who hasn't lived here long enough to grasp the damage TVRs and B&Bs have caused yet still makes like he's an expert.
Me thinks Gary needs to worry less about GMO labels and pay more attention to the new calorie and sugar labels!
@8:18- So glad you won't be using any of those horrible medications developed by the evil Big Pharma companies. Especially those awful new genetically engineering anti-cancer drugs! Yes, I know that perfect being that you are you will stick to holistic and homeopathic therapies that are so effective. You would not happen to be North Shore btw?
Joan you know Hooser was speaking to the treatment of 9 owners and was not advocating for an unregulated industry. Those 9 have been operating for decades, without any complaints from neighbors, paying their taxes, tried applying for permits and told by planning department to not worry cause no process was in place. The way the planning department has handled this has been shameful. These are not TVR's and these are not air-B&B but have been caught up in the anti tvr histeria.
1:56 No, I don't know that at all. As I reported the other day, Hooser said he had never advocated for any B&B enforcement, only against TVRs. And please quit putting out the bogus claim that they tried to get permits but couldn't. Others got permits. Also, it's not "anti-TVR hysteria." People are rightfully fed up with their neighborhoods being turned. Into resorts. But I will agree that planning, and the Council, handled the whole issue poorly. Fortunately, planning is now trying to clean up the mess. A clear law on B&Bs is a good step.
Did you watch the council meeting Joan? Maunakea was blaming the council for pushing for B&B enforcement and Hooser rightfully corrected him that the council had pushed for TVR enforcement and that neither he nor the Council had ever pushed planning to go after B&B's. Your personal vendetta against Hooser is apparent to everyone. Pick the stupidest picture and quote out of context, then stand back.
1:56 , the planning commission is responsible for approving or denying B&B, not the planning department. Nobody has handled this shameful except the operators of the B&Bs , who failed to obtain permits before opening their business. It is no ones fault but their own.
@2:20 Yes, I did watch the Council meeting. You can't separate the two, unless you're being ignorant, dishonest or pandering. When planning started going after unpermitted TVRs, the illegals started trying to pass them off as B&Bs, since they could no longer get TVR permits. Planning had to come up with an ordinance that clearly defined B&Bs to handle the scammers. In the ensuing scrutiny and move to get permits, all these illegal B&Bs started coming in. The county can't just ignore the violation, especially when they're citing illegal TVRs for the same zoning violations.
I think the confusion is some lands are regulated by the State and some by the County. Up until recently, all ag land was regulated by the State. But the State decided to give the County regulatory authority over less than important ag land. important ag land (IAL) is still regulated by the State.
Up to now, the County didn't have any process for permitting B&B's on County regulated residentially-zoned land. They weren't illegal because they weren't regulated. This was also the case with TVR's until 2008. But in creating the 2008 regulation of TVR's, the County chose to ignore B&B's for the time being. Now the time is up.
On agricultural land, which used to be regulated by the State, there was a State process for obtaining non-conforming use permits for B&B's. Now that the State has given over regulation of these less than Important Ag Lands (IAL) to the County, the County is stuck with dealing with the B&B's on both ag and urban-zoned land (in and out of VDA's). The County has taken the view-point that it will consider issuing permits to existing B&B's on rural lands only. Those inside VDA's are good to go and those operating outside of VDA's but on rural land will be grandfathered. However, the County feels that if your existing B&B is on ag land, then the proprietor should have applied to the State for the permit when the State was regulating that land. If the owner didn't, then the owner was operating illegally and the County is saying tough luck...you're illegal and we won't grant a permit.
I think I have this straight, but invite corrections.
Manuahi you couldn't have gotten it more wrong. The county authority has nothing to do with IAL lands. 205A gives the county the authority on agriculture lands less than 15 acres, the state has the authority on lands over 15 acres that are zoned agriculture. The county always had a process for B&Bs, a use permit was always required and many got use permits. After the TVR law was passed, the county did not ignore the B&Bs , they still required a use permit, although surely most people were applying for the TVR certificate. The county is not issuing permits on rural lands,the law restricts B&Bs to the visitor destination area(VDA) as it should be.there is no grandfathering of those on rural lands, but those with legal use permits do get to continue operating. And your analyses is all wrong, land owners and developers should know the laws or hire a professional for guidance. Everyone from builders, architects, contractors, attorneys, etc they all knew a use permit was required.
I wonder why you bothered to write when you must know you know nothing
Who would bully a school counselor just so her daughter could get a scholarship? Cheesy and sleazy. But what do you expect from a former Lingle administrator?
@10:51 HaHa, If you want immediate proof of B&B intrusion go to Hanalei or Moloaa or Maui or Kona. You just have one next to you now but imagine being surrounded by a hundred. There's a seat on the train for you my friend. Welcome aboard!
Re 1:56 pm,
You are more ignorant than one can imagine. Do you really think that if the county created a law for 9 people, that only 9 people would be affected. Especially with Yukimura's class one additio. She literally killed it by getting greedy. I agree it's somewhat a double edged sword but it needed to be done.
Kudos to Council Members Kagawa, Kaneshiro, Kuali'i and Chock for doing what is right.
don't where you are getting your info manuahi, but its wrong. read Bill 2619 just approved by the council ( with amendments). Future BnB permits will only be considered if they are within the VDA
I used "rural" when I meant "urban". Sorry. But I don't know why you have to respond like such an asshole. Ever heard of a discussion?
I used "rural" when I meant "urban". Sorry. But what I don't understand is why you have to respond like an asshole. Ever heard of civil discussion?
I see the crazies were out this weekend, the fistees. That is the few survivors of the dreaded non-organic farming who managed to live after driving by a corn field.
Manuahi, sorry if I was rude, yes, have heard of discussion, but wonder if you ever learned to listen and not speak until you are knowledgeable about the subject. Why bother to try to educate when you are uneducated about the subject? And replacing rural with urban does not correct your mistakes. Have a lovely day, adding good wishes for world peace.
8:15
The problem has nothing to do with the complexities of Ag/Urban.
There were very few complaints. Some at Sammy Lee's Poipu area and on the NS
The rest of the island was quiet and got along.
The Planning Dept did a power grab. This could have been done in a peaceful manner, instead of getting limp-wrist Kollar involved. He don't go after the violent crimes, so let him loose on some simple elderly folks trying to get by renting a room or two. What a Prosecutor.
Anyway...the real problem is Housing. The Council does not approve any and does NOT allow more units on existing (but totally unsuitable for Ag) Ag lots. And the Council allows the Planning and Water Dept the ability to terrorize any builder. That is why ONLY the BIG developments get thru. The stuff that will help the locals is out of the picture.
The root of all Housing is on the Council doorstep. The can increase density and tell Water and Planning to help local housing. Any lot under 200,000 is a value today. If they allowed the 500 to 1000 extra lots if they increased density on bad Ag land...the locals would get one house.
The bottom line is this.................Never let ANYONE from the government on your land for any reason, unless it is to put out a fire or get a crook. This includes Da Hoos' Fistees, they will turn you in for anything if they see a bottle of Roundup. Most properties have a violation or 2. Shucks Ma'am, even them tarp carports are illegal.
I appreciate that Justin is willing to prosecute these folks. Believe me, this stuff only goes to the prosecutor when nothing else has worked to get them to stop operating illegally.
I agree that housing is the issue, and the root of all housing is on the Council doorstep. They and the mayor let the TVR/B&B problem get out of hand. Heck, they helped it explode. Don't blame the people who are still trying to save their neighborhoods from being turned into resorts — a process that ultimately harms the locals more than anyone, because it drives up the property values and taxes.
"But on Kauai, one half of the demographic fears the tourist in the spare bedroom and the other half fears the cornflakes. And the two factions hate each other."
Priceless.
OPA will botch the prosecutions like it has been doing. They are prosecuting a bunch of retirees and grandparents. This will be like OPA's Vietnam, with all the truth and mud coming out in the criminal trials. At least one has hired the top pro-GMO lawyer.
Lets ban B&B island wide because TVRs messed up Wainiha. Great logic.
Same folks who cry about America's overcrowded jails just love to add new crimes to the books. Hypocrites.
@10:03 bOverly dramatic much? Nobody is going to go to jail over a zoning violation. B&Bs haven't been banned island wide. Everybody who has a permit gets to keep operating and new ones are allowed in the VDA.
Nobody's against B&B's . It just needs to be done in the VDA. Also in the language of the bill is a requirement change from a class four permit to a class one permit for new B&B's in the VDA, which will simplify the permitting to it's simplest form. So the multi-layers of red tape will be removed for those who wish to legally acquire a permit in the VDA. Simple as that.
Right-on 10:03
11:53, nothing is "simple as that" in this county and you know it!
@1:14
You are right, to a certain degree. Nothing is a "simple as that" in this county, except a new legal B&B in the VDA. That is after the Mayor signs the new "2619" into law.
Or vetoes it. If he signs, he I gnore the advice of the County Attorney. In doing so he expose county to unnecessary lawsuits. And for years Planning WAS telling folks it was legal to rent rooms inside your house. There are an awful lot of witnesses. .
Boo hoo these people violated the VDA laws and are now trying to circumvent them by calling it BnB's, home stays, and whatever they can get away with.
Own up to the violations, pay your fines and shut down your TVR's outside of VDA's. The people who did it legally in the VDA's are examples of people who followed the rules and laws. People who thought that they could get away with it are now saying well we've been getting away with it for decades so just create a law special for us thank you very much Yukimura.
9:28 You are soo desperate it's hilarious. He said, she said, is not evidence, facts, or proof. A use permit is proof. Does any of these 9 people have it? NO! And no County Attorney gave any any advice for the Council to follow Yukimura and Hooser's Amendment. Go back to the Mainland you idiot. We all hate people like you who feel so entitled that you can do what you want and ignore the laws that all of us have to abide to and not yourself.
@9:28 You need to re-watch the Council Meeting because the passing and signing of Bill 2619 will keep the B&B's in the VDA only, which passage was recommended by both the County Attourney and the Deputy Planning Director. It was another one of JoAnne's " failed" tricky ammendments that was causing all the ruckus.
8:02. Hater gonna hate. It's in your nature. That is what it you really about. No debate, hate. Just like anti GMO.
So you're saying don't hate you folks who demand preferential treatment to operate B&B's on Ag lands outside the VDA or else you're going to sue the County. Why do you need preferential treatment? Why did you buy that ugly piece of ag property knowing that it would be hard to farm that lot? Locals hates people like you who feel entitled to do what you want, simple as that. Go cry all you want, go sue all you want, the bullshit needs to be resolved at some point, why not now!
This is what the county wants. They want the local vs mainland mentality when they are at fault also.
The state and county was at fault when pfulgher graded, covered up a damn and then it lead to a massive overfill that destroyed the highway and killed 8 people and an unborn child.
The county and state should have been enforcing these laws and now their campaign donors are trying to collect favors for donations and they politicians laugh at the people pointing fingers at each other when it's the politicians, county and states fault.
It has gotten out of control on all islands and now enforcement is coming down on the millionaires who got hustled by realtors and the planning commission.
No one person is at fault. The whole system was a dirty hidden scheme.
They told people that B and B's were unregulated.
un·reg·u·lat·ed
[ˌənˈreɡyəˌlādəd]
ADJECTIVE
not controlled or supervised by regulations or laws.
Now that is a dictionary definition. What it means to the department i don't know. I used the term affordable once and Peter Nakamura laughed at me and said you didn't know that there were numbers attached to "affordable".
3:00pm. They regulating now! so if you don't have a permit, go apply and get one. If you get denied, oh well, that's life. Maybe time to sell and move for you. We can't expect new laws based on he said she said for people without permits!
I don't have a B and B but I do think that what people do with their bedrooms is their own business.
Zoning determines whether your home is just that or if you are in the commercial zone, a business is allowed, or the resort zone, a hotel or b&b is allowed, everyplace has zoning laws . What people do in their bedrooms is none of anyone's business. But that doesn't give you a right to do business in residential areas.
What if you do the business at a storefront (or from your iPhone), and the person sleeps in your extra room after that?
Illegal?
8:30 round and round on the hamster wheel you go always looking for a way around the system, instead of following the damn rules. What the hell is so hard?
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