Musings: Moral Injury

I've been thinking about the concept of morality lately, what with all the recent talk about the necessity, the desirability even, of inflicting death by drones; the President's proclaimed personal power to kill whomever, wherever — including his own citizens — on the flimsiest of suspicions, no actual evidence or trial needed; CIA Director-nominee John Brennan's waffling on whether waterboarding amounts to torture. The issue of morality has also come up in discussions on same sex marriage and adult personal use of marijuana, with some church groups labeling both as "immoral." 

Meanwhile, we keep ignoring the elephant in the room: the immorality of war, and the “moral injury” that we are inflicting on the men and women sent to off to fight. In a Washington Post opinion piece, Marine Capt. Timothy Kudo discusses honestly, hauntingly, the moral conflict  that our soldiers suffer when we teach them killing is wrong, but send them off to kill. After telling of how his patrol mowed down two teens on a motorcycle in Afghanistan, mistakenly thinking they were armed, he writes:

It’s been more than two years since we killed those people on the motorcycle, and I think about them every day. Sometimes it’s when I’m reading the news or watching a movie, but most often it’s when I’m taking a shower or walking down my street in Brooklyn.

They are not the only deaths I carry with me. I also remember the first time a Marine several miles away asked me over the radio whether his unit could kill someone burying a bomb. The decision fell on me alone. I said yes. Those decisions became commonplace over my deployment. Even more frightening than the idea of what we were doing was how easy it became for me. I never shot someone, but I ordered bomb strikes and directed other people to shoot.

Many veterans are unable to reconcile such actions in war with the biblical commandment “Thou shalt not kill.” When they come home from an environment where killing is not only accepted but is a metric of success, the transition to one where killing is wrong can be incomprehensible.

This incongruity can have devastating effects. After more than 10 years of war, the military lost more active-duty members last year to suicide than to enemy fire. More worrisome, the Department of Veterans Affairs estimates that one in five Americans who commit suicide is a veteran, despite the fact that veterans make up just 13 percent of the population.

While I don’t know why individual veterans resort to suicide, I can say that the ethical damage of war may be worse than the physical injuries we sustain. To properly wage war, you have to recalibrate your moral compass. Once you return from the battlefield, it is difficult or impossible to repair it.

I didn’t return from Afghanistan as the same person. My personality is the same, or at least close enough, but I’m no longer the “good” person I once thought I was. There’s nothing that can change that; it’s impossible to forget what happened, and the only people who can forgive me are dead.

I will never know whether my actions in Afghanistan were right or wrong. On good days, I believe they were necessary. But instead, I want to believe that killing, even in war, is wrong.

Veterans are the only ones who can explain the ethical impact of war. For me, this means being open and honest about the deaths I caused and how they have changed me.

As William Falk writes in The Week:

About 228,800 Iraq and Afghanistan vets have been officially diagosed with PTSD and another 100,000 are estimated to have the disorder. Only rarely do these invisibly wounded soldiers act violently; most wrestle privately with their demons, drink, rage at family members, unravel. “Moral injury,” clinicians are now calling the root of their anguish: a haunting feeling of shame and guilt for witnessing, and participating in, so much death and horror. When calculating whether the next war is worth it, let's not forget what we've learned of war's consequences, including what it does to the casualties who come home.

Can anything, really, be worth that?

Musings: So Very Cozy

State Sen. President Donna Mercado Kim has appointed Monsanto lobbyist Alan Takemoto to a committee that will nominate candidates to fill two seats on the state Commission on Water Resource Management. The water board oversees use of this public trust resource.

Kim apparently sees no conflict in allowing Takemoto to serve on the committee, even though Monsanto tried to pull off a major water grab last year. The chemical company  unsuccessfully sought approval from CWRM to drill a new well that would have drawn 2.636 million gallons per day (“mgd”) of potable basal ground water from the Waipahu-Waiawa Ground Water Management Area. Monsanto currently takes water from the Waiahole Ditch. But it wanted to double dip so it could be assured of having an emergency back-up source for 2,052 acres of seed corn and other crops, according to the CWRM staff report. 

The Hawaii Independent reports Kim made the appointment at the request of Sen. Malama Solomon, one of the lawmakers who pushed the Public Lands Development Corp. It also reports that Solomon received contributions totaling $2,000 from Monsanto last year, while Kim got $1,000. In an earlier story, it reported that Monsanto attorney Yvonne Izu is a former deputy director of the water commission.

Takemoto currently serves on the state Agribusiness Development Corp., and the Board of the pro-biotech Hawaii Crop Improvement Association. He previously served on the Board of Advisors to the UH College of Tropical Ag while working as a lobbyist for the Hawaii Farm Bureau.

It's all so very cozy, isn't it?

Speaking of cozy, Grove Farm is trying to get 11,026 acres designated as Important Ag Lands, which means the company gets tax credits for keeping the acreage in ag. Though the law was intended to protect prime ag lands, Grove Farm admits that at least 80 percent of the land is rated D and E, as in marginally productive. But that isn't the only troubling aspect of its application. Grove Farm also wants IAL designation for three reservoirs — Papuaa, Halenanahu, and Kapaia — that do not serve the proposed IAL lands. They do, however, serve such decidedly non-ag uses as the Puakea Golf Course and Grove Farm's commercial and residential projects in Lihue and Kalepa.

So why the big stretch? I'm sure Grove Farm is hip to a little-known provision in the state law that gives IAL owners tax credits for "legal and other consultant services" for water. That's how Hawaii Commercial and Sugar and A&B were allowed to write off millions of dollars in lawyers and biological consultant fees, at the taxpayers' expense, to fight the community in the Na Wai Eha water allocation case on Maui.

That tax credit was jammed into the IAL law at the last minute by — who else? — A&B and the Hawaii Farm Bureau, which takes us back to Alan Takemoto.

Oh, yes. It's all so very cozy, while taxpayers, the land and the water are getting screwed.

Musings: Ominous Omissions

A search of Kauai County documents finds no record of any permits authorizing extensive improvements to a Wainiha vacation rental, including the riverside deck/dock where a Canadian visitor drowned on Tuesday.

According to a county press release, Mark McLean “was found face down and unresponsive after jumping from a platform into the shallow water below.”

An online advertisement for the Kauai Paradise House transient vacation rental (TVR) suggests:

Rent a kayak (a local vendor offers 7 days for the price of 5!) and paddle right from the private dock to the private and peaceful white sandy beach, or paddle up the quiet Wainiha River to explore the lush green island.

Of course, we all know there are no private beaches in Hawaii, and that Wainiha River is far from quiet. In fact, the name means “raging waters.”

But that's not the only eyebrow-raising claim. The ad also states, emphasis added:

This entirely renovated private oceanfront retreat on the North Shore of Kauai in Wainiha on the edge of Hanalei is perfect for short- or long-term getaways for family or friends seeking luxurious accommodations with breathtaking views.

The Vacation Home: Newly renovated on the stunning blue Pacific Ocean, Kauai Paradise House is a truly unique oceanfront and riverfront property featuring its own private beach, oceanfront views, 3 king-bed suites (the third of which can be converted to 2 twin beds if desired), gourmet kitchen, travertine tile floors, 3 marble bathrooms, great room with entertainment center, covered lanai, lush backyard, and private deck and dock.

This sophisticated home with a resort feel boasts thoughtful touches throughout, including Tommy Bahama furniture, luxury linens, dual master suites with king-size beds and walk-in showers, new gourmet kitchen with top-of-the-line stainless-steel appliances

 (including toaster oven, blender and coffee maker), marble guest bathroom with large walk-in shower, spacious family room with TV and DVD/CD player, high-speed Internet, telephone, TVs and DVDs in every bedroom, gas BBQ on the covered lanai overlooking the deep blue sea, and private oceanfront deck with steps down to your own boat dock.

Sounds pretty flash. Realtor Jane Abramo's current sales listing for the house reiterates the “all new” verbiage:

Recent upgrades include a new 200 square foot front lanai, expanded 600 square foot covered back lanai with travertine tile, 150 square foot deck above the river, a brand new roof, fresh paint inside and outside, new fencing and tropical landscaping. This meticulously renovated private oceanfront retreat on the North Shore of Kauai in Wainiha is perfect for short or long-term getaways for family or friends seeking luxurious accommodations with majestic views. Lovingly refurbished on a private, fenced lot nestled at the edge of the breath-taking Pacific, Kauai Paradise House boasts its own exclusive beach. [WTF? Exclusive beach?]

Yet a review of real property tax records shows the property as having four bedrooms and two baths, not three suites. And an online search of county building permits shows that aside from the original 1972 construction permit, and some post-Iniki 1993 permits for a fence and minor electrical and plumbing work, there is no record of any permits for these recent upgrades and additions.

So when was this property transformed from a modest hale into a lavish “entirely renovated” vacation rental with a “resort feel” that is now on the market for $2.579 million, after having sold for $1.475 million in 2005? How much of that increased value is due to the TVR permit? And why are the property taxes just $ 2,133.80 per year?

More importantly, why did the county issue a vacation rental permit for this property when its building permits apparently aren't in order? Especially when these substantial improvements were made without complying with federal flood requirements, as is the case with a number of North Shore TVRs.

This is the kind of stuff that slips by when you don't conduct actual site inspections before issuing TVR permits. Yes, that inspection requirement was stricken from the most recent TVR bill, which was introduced by Councilman Tim Bynum and adopted by the Council after the infamous “beer gate.”

Of course, the owner is required to sign a notarized affidavit stating “Building permit number(s) were approved on ____ for all structures on the property and there were no expansions, alterations, improvements, or uses contrary to State and County land use and planning laws.” But how meaningful is that if the county doesn't check? Apparently about as meaningful as the farm dwelling affidavit. 

Sadly, it's the visitors who end up suffering from the lack of oversight and full disclosure. In the comments left on the Kauai Paradise House ad, one visitor noted:

Last, a suggestion; the step from the deck to the river was long, and slippery, especially at low tide. I would suggest one last step or a platform closer to the water.

Another visitor wrote:

We would definitely stay here again, especially when our infant daughter is old enough to go into the river on a floatie too. We put our toddler into her floaties and took her across [the river] to the beach and she loved it!

Meanwhile, the Jan. 12, 2013 Surfrider Kauai Blue Water Task Force report on enterococcus bacterial concentration per 100 ml showed Wainiha River at 173 for single day results and 369.9 for the winter geomean. The geomean should be less than 35, which means this is hardly the place where you'd want your young children to frolic.

So who does bear responsibility for ensuring our visitors are fully informed of the risks they face, and that the houses they rent for their vacations are safe and in full compliance with county laws?

Musings: What's Happening?

So let's see, what's happening out there aside from whales jumping on the horizon and brisk trade winds kicking up the surf along the eastside?

Well, James Alalem and Raymond Catania were arrested on charges of obstructing this morning at Wailua beach. The two had built a rock ahu to mark the location of a heiau along the route of the county's controversial Path and wanted to make sure it was not disturbed by construction crews.

Both men were released without having to post bail, according to Police Chief Darryl Perry. They are scheduled to appear in court on the petty misdemeanor charges at 8 a.m. March 20. Jimbo previously was convicted of interfering with a government operation when he attempted to stop a backhoe from digging up iwi kupuna to make way for a bathroom at Kaumualii Park by the Wailua River.

Why does the government constantly create these kinds of stand-offs with Hawaiians?

While we're on the topic of sacred land, Presley Wann, president of Hui O Makaainana O Makana, came on KKCR yesterday to announce that he had been “reassured by the state they are not going to do any kind of clearing, scaling or touching of Makana.” As you may recall, I previously reported that kanaka were up in arms over a state proposal to conduct rock mitigation on the distinctive peak using the same invasive methods employed on the cliffside along the highway leading into Hanalei Valley.

Instead, Presley reported, the state plans to do a scientific study to project where a rock might land if it does fall from the mountain. The state, of course, is motivated by liability concerns after falling rocks killed and injured some folks on Oahu. It doesn't want that happening to one among the hordes who visit Kee Beach.

And yes, we're talking hordes. Presely and Joel Guy noted that some of the surveys conducted for the Kee-Haena State Park Master Plan showed as many as 2,000 visitors use the area per day. How fricking nuts is that? Since the state plans to put up a gate so it can collect revenues, it's pressing to allow the max number of tourists into the park. But citizens reviewing the master plan, many of whom have ancestral connections to Haena, are pushing for visitor limits based on what the resource can sustain. Gee, what a radical concept for a park, especially one created in such a culturally significant area as Haena.

Shifting gears, Hawaii Reporter — and it kinda gags me to reference that rightwing rag — is reporting that our planning director, Mike Dahilig, has his eyes on decidedly greener pastures: executive administrator to the UH Board of Regents, a job that reportedly pays $150,000 annually.

The article was actually about Mike getting dinged in a Senate Ways and Means Committee hearing for letting UH pick up the tab for him to attend various sporting events, including the 2008 Sugar Bowl in Louisiana. During his six years on the Board of Regents, Mike reportedly took $12,509 in athletic tickets, airfare, hotel and gifts. Though UH officials said it wasn't that much, some Senators reportedly told Hawaii Reporter that it was an example of the waste, abuse and bloat that plagues the University.

Speaking of waste, abuse and bloat, let's turn our attention to the state Legislature. The House is set to hear two bills Friday morning that would introduce some sense into the medical cannabis program.

HB668 wisely seeks to move the program from the Department of Public Safety to the Department of Heatlh and requires DPS to assist with the transfer. Let's hope they can pry this program out of DPS' gun-toting hands and give it the proper agency to administer.

HB667 allows caregivers to care for up to 5 qualifying patients, gives patients immunity from searches, seizures, and prosecution while transporting it, allows out of state patients to use their prescriptions here, increases the allowable amount to 10 plants and five ounces of usable stuff and delete the address where plants are grown from the patient's blue card. Further, physicians no longer would have to disclose the specific medical condition of their patients to the regulating state agency. Yes, finally some patient privacy.

Our own Rep. Dee Morikawa was among the lawmakers sponsoring both bills — mahalo Dee! — and she also serves on the Health Committee that will be hearing these measures. 

You can submit testimony for either bill — reference the bill number and testimony in the subject line — via email at HLTtestimony@capitol.hawaii.gov. Or click on the links I've provided to give testimony on-line.

Regardless of how you feel about cannabis, the current program is unjustly discriminatory to patients. No other prescription holder in the state has to jump through these hoops and be subjected to this sort of governmental scrutiny.

Meanwhile, HB699, which would legalize cannabis, is set for a formal decision-making vote Thursday afternoon. Some 250 pieces of written testimony were submitted in favor, and only 41 in opposition. I skimmed through some of that testimony, and a lot of it is was very poignant and thoughtful.  It definitely tossed out the stereotype that pot smokers are brain dead losers. Though I imagine President Obama's admission of serious ganja smoking in high school has offered the most effective proof that smoking the herb — even as a teen —doesn't mean your life is ruined. Unless you're arrested for it, in which case things start to go seriously downhill. And that's just one reason why we need to legalize it.

Musings: Chump Change

It was bad enough when the keiki at Eleele School were turned into biotech stooges. But it was really tragic to see two conservation groups — National Tropical Botanical Garden and the Kauai Forest Bird Recovery Project — pimping for a chemical company in today's paper. 

For a measly $12,050 between them they let themselves be used to make Dupont-Pioneer look good. Ironically, the NTBG program that “benefitted” from the chem company's largess is called the Kokua Aina Youth Initiative. Hey kids, let's help the land with money derived from poisoning it and destroying biodiversity.

I know funding can be hard for nonprofits to come by, but when you take cash from the chemical companies, you're not only legitimizing their operations, you're allowing them to co-opt your good work and good name for their craven purposes.  As for Laurie Yoshida, the new DuPont communications manager, well, I suppose there isn't much difference between flacking for Linda Lingle and a company that produces poisons and tweaked seed.

Of course, the chem companies have a lot of extra cash to throw around since they don't pay general excise tax on the estimated $250 million worth of seeds they sell each year. Though Senate Bill 365 was introduced to change that, it hasn't even been scheduled for a hearing.

Meanwhile, some 1,200 people showed up yesterday to testify on HB 174, which would require all foods produced with genetically engineered materials to disclose that fact on the label with bold-faced type. Hawaii Public Radio reports that House Ag Committee Chair Jessica Wooley plans to move the bill forward to the Consumer Protection and Commerce Committee. Tellingly, the Star-Advertiser didn't even cover the hearing, and instead printed an Associated Press report that was a rewrite of the HPR story, without Rep. Wooley's recommendation.

HPR used a great quote from Life of the Land's Henry Curtis:

When did we make a conscious decision in this society to have the companies that developed chemical warfare be in charge of our food supply?

Though chem company reps and their lobbyist, Hawaii Crop Improvement Assn., tried to plant the fear that labeling will increase food costs, here's the real reason why they don't want GMO products labeled: they know that if given a choice, people will not choose GMOs.

Heck, animals don't want it. A friend whose family grows seed corn in the Midwest told me that farmers have observed that deer won't touch the GMO corn fields. “And deer eat anything,” she said. Other farmers reported that their chickens and livestock will refuse GMO feed when given a choice. So what do the “dumb” animals know that we “smart” humans haven't figured out?

Meanwhile, in an attempt to ensure that they are allowed to operate with impunity in Hawaii, the chemical companies got lawmakers to introduce SB590. Though it's phrased to make it sound like it's protecting farmers and ranchers, when you see language like this, you know it's really all about biotech:

“No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. No law shall be enacted that abridges the right of farmers and ranchers to employ generally accepted agricultural technology, livestock production, and ranching practices."

Though the bill has not yet been scheduled for a hearing, Councilman Jay Furfaro moved to head it off at the pass by submitting testimony objecting to that provision. As he quite rightly notes:

This statement preempts individual Counties to have little or no recourse to protect our constituents from action done by any and all agricutural businesses or individuals should the health and safety of our communities be compromised.

Which is exactly why the high-polluting industrial ag wants this bill. Jay goes on to write:

I am cautious knowing that much of the “generally accepted agricultural and management practices” involved with the larger biotechnical companies are continuing to evolve and the safety of its practices are called into question.

Go Jay!

What's even sicker is the bill's stated mandate of:

...promoting and fostering an atmosphere of acceptance of all the various forms of agricultural practices and operations that are generally accepted as legitimate and appropriate within our nation.

Pretty pathetic. But then, the nonprofits are already doing that when they pose for newspaper pictures happily taking chump change from the chem companies.

Musings: Flushing and Seepage

It's really great the feds and UH are getting all excited about studying coral disease on the North Shore. As The Garden Island reports, UH is even planning to send a graduate student over here — if they can scrap up the “nickels and dimes” to fund her work.

I've got an idea. Why not assess all the TVR owners who are running mini resorts with just cesspools along Hanalei Bay? As you can see from this graphic, there are quite a few, as represented by dark parcels with hatch marks. (Click on image to enlarge.) In fact, virtually every vacation rental on the beach has a cesspool, not a septic tank. And when you've got places that sleep 10 or more, well, we're talking about an awful lot of toilets flushing, an awful lot of shishi and doodoo seeping into the Bay.

So why, you might ask, would the county allow the equivalent of a 200-room hotel on Hanalei Bay without a septic system? Well, I can think of a few reasons: money, poor planning, money, disregard for the resources, money, short-sightedness, money, inability to see the big picture, money, outright stupidity, money, money, money. 

Speaking of which, it's so rich that the Land Use Research Foundation — the lobbying arm for large landowners, developers and a utility — would object to extending the law that requires property owners to make sure their vegetation doesn't block accesses or the beach.

LURF wanted a deferral of House Bill 17, and submitted testimony saying:

[L]andowners who live along the shoreline have important property rights, as well as the legal right to not be prosecuted by the State or to be charged fees for non-performance of maintenance obligations which should properly be performed by the State.

Yeah, well, the public has rights, too, including the right to prevent the elite from stealing our beaches by planting and maintaining landscaping on the sand, a devious and destructive process that I've documented extensively on this blog.

LURF wanted a full report on what has been done since the bill was passed in 2010. The answer is, unfortunately, not much. As I reported back in July, enforcement thus far has focused only beaches at Kahala and Diamond Head, though with very dramatic and positive results for those coastlines and the citizens who use them.

The state is apparently beginning to move against some of the more egregious offenders up in Wainiha, but it's a slow process for a cash-strapped state, which is why we need to bring some citizen efforts into the process. Like an Adopt-a-Beach program or something.

Mahalo to Rep. Derek Kawakami for co-sponsoring the bill, which was originally introduced by his predecessor, Mina Morita, who writes about the rationale here. Mahalo to Elaine Albertson for help with the graphic. And mahalo to The Garden Island's Léo Azambuja for keeping us informed on this and other key legislative issues. 

Musings: Looking Good, and Not

Such splendid scenes — Jupiter sandwiched between Makalii and red Aldebaran directly overhead in an inky sky ablaze with sparkling stars; Waialeale frosted like a cake with pink-purple piping as Makaleha blushed rose in the first rays of the sun. Lookin' good!

What doesn't look so good is Prosecutor Justin Kollar hiring County Attorney Al Castillo's wife, Genalyn, as a receptionist for the Office of Prosecuting Attorney. Especially when Justin was repeatedly accused, during the bitter prosecutor's campaign, of being Al's boy.

What looks even worse is Al being involved in a settlement with deputy prosecutor Becky Vogt — who sued Shay, but was chosen as Justin's second deputy — while his wife is working at the OPA. Even if she isn't being directly supervised by Becky.

It all creates the appearance of cronyism and conflict of interest — and gives their enemies ammunition.

In this case, former Prosecutor Shaylene Iseri-Carvalho, who showed up at yesterday's County Council meeting with her longtime henchman, Jake Delaplane, inexplicably in tow. There, she spent her six minutes waging the kind of attack that Shay does so well, full of hypocrisies, paranoia and half-truths (maybe quarter-truths), played for the sake of the TV camera.

Shay alleged Becky's suit was totally without merit before claiming, as she has ad nauseam, that she was victimized by Al, who “went on a rampage” to settle the other EEOC claims that beleaguered employees had filed against her in an attempt to make her look bad. Waaah! Yawn.

Shay went on to up the ante by saying:

It is my opinion that the County Attorney (CA), Justin Kollar and Becky Vogt concocted this scheme to sway the election in favor of Kollar with the promise that she would be rewarded not only with the gigantic pay increase she was desperately craving, but also a supervisory position with the 2 year minimal experience she possessed, even though several attorneys in the office that were retained by Kollar had 20 years of experience over her.

The Garden Island reports Becky got a $25,000 settlement, which seems like a lot, considering she ultimately got a promotion and a $10,000 annual raise, and took a prolonged paid sick leave while other deputies slogged on through the ugliest last days of the campaign. 

Anyway, Shay, who conveniently forgot she promoted newbie Jake over far more seasoned deputies, went on to make some other claims about Al supposedly thwarting investigations and engaging in secret negotiations. She then delivered her final jab, accusing him of settling with Becky in exchange for his wife getting a job, before winding down with a satisfied smile.

Councilman Gary Hooser suggested Al be allowed to respond, saying the public had heard just one side of the story. “Some of the allegations are serious,” Gary said.

“I refuse to dignify any of the allegations made by Shaylene Iseri-Carvalho,” Al said.

Which is fine, but it didn't look so good when Al refused to answer publicly whether his wife works for OPA and is supervised by Becky. Because that is public record. Even Council Chair Jay Furfaro chastised Al, saying he was being disrespectful by not replying.

“I'm very disappointed the County Attorney has chosen not to answer a simple, basic question,” Gary said. At which point Al finally acknowledged that his wife does work for OPA, though Becky is not her supervisor.

Of course Councilman Mel Rapozo gleefully jumped in the fray, getting in some serious digs at his old enemy Al and accusing him of conflict of interest. 

Although frankly, it doesn't look good for Al to be handling a case involving the OPA when his wife works there — especially when the county had hired special counsel to deal with it.

Mel also questioned whether Councilman Tim Bynum has a conflict of interest, since he is suing Shay and the county, which prompted Tim to say he'd gotten clearance from the Board of Ethics.

Of course, Mel conveniently forgot his own longstanding conflict of interest when he was actually working for Shay, but still voting on OPA matters and doing battle for Shay at Council.

Ugh. Is it any wonder that people have no faith in our county government? Could you guys at least try to make it look a little less sleazy?

Speaking of which, the mayor has appointed his boy John Isobe, the former director of county Boards and Commissions, to the planning commission, a supposedly independent body. As if. I mean, come on. There weren't any other suitable candidates?

Like I said, none of it looks good. Because it isn't.

Musings: Questions

Have you noticed? The days are getting longer on each end now. Every day we're picking up more minutes of light. And in between, there's been that brilliant, marvelous moon, with the wild pigs returning nightly to browse in my backyard on camphor berries. A lot of animals like those plump black berries, including Koko, doves and especially rats, which munch them beneath my car hood, leaving the skins scattered on top of the engine.

Did you know that 663,032 people were arrested for marijuana possession in 2011? That's 128,328 more than were arrested for all violent crimes combined. Crazy. But we have a chance to change that travesty, one state at a time. House Bill 699, which would legalize marijuana in Hawaii, is up for a hearing before the House Judiciary Committee at 2 p.m. Friday, Feb. 1. You can submit testimony via email to JUDtestimony@capitol.hawaii.gov. It's best to get it in 24 hours in advance. 

You can track the various cannabis bills moving through the Lege at Fresh Approach Hawaii, a coalition that includes the Drug Policy Alliance and ACLU. This is the year we can make changes in the state's cannabis laws, folks, so stand up and speak up.

So whattta ya think? Is the county gonna stand firm and actually revoke Coco Palms' oft-extended permits? I mean, who can disagree with Planning Director Mike Dahilig's bold pronouncement that “[t]wenty years of blight and inaction must stop now?”

Except former Mayor Maryanne Kusaka, who is still clinging to the dream that the property will be restored to its “full glory.” Sorry, Maryanne, but Elvis is dead, and so is that project. I think most of us would be happy to see that rottting eyesore bulldozed so the land can breathe again. Talk about bad feng shui.

I found it kinda creepy/scary to learn that Kusaka has been busy trying to work a deal for that property. Geez, Maryanne, didn't you do enough damage at Kealia Kai and Kaloko?

I also had to wonder just what the mayor and Council Chair Jay Furfaro had in mind when they issued their joint statement:

“It’s time to move forward and look to other options that will address the future of this historic site. Once the permit issue is resolved, we will be in a better position to discuss what those options might be.”

What options do you suppose they're already considering, and when will the public be included? Now that the county has warmed up by seizing Mike Sheehan's boatyard, hopefully the plans will include acquiring Coco Palms through eminent domain so it can be turned into something other than an unneeded resort in an already overused and overcrowded area.

And finally, wouldn't it be great to clean up aina naturally? The state House Committee on Agriculture is having a hearing on HB154, which authorizes a pilot project to see if hemp can remove toxins from soil. Go here to submit testimony.

Musings: Bad Example

The county is proceeding with construction of the concrete Path at Wailua Beach even though its special management area (SMA) permit for the project has expired.

The SMA permit for the section of the path between Lydgate and Lihi parks was approved in 2007, with the condition that “Applicant shall commence construction of the proposed project within 2 years from the date of Planning Commission approval of this Special Management Area permit, and complete construction within 4 years.”

Now an ordinary person would read that as construction should have begun by 2009 and be pau by 2011, which it wasn't. The county, however, is saying no, that language means 2 + 4, or six years to complete. So what? Is the county now going to give every other developer similar latitude? 

Further, the permit was approved when the plan was for a boardwalk on the beach. The design has been changed substantially to a concrete path alongside the highway, which should have triggered another review by the Planning Commission. But the last thing the county wants is to reopen the public process.

Instead, it's setting a terrible example by building public infrastructure too close to the ocean through use of a shoreline setback variance. It's also armoring the coastline through its use of concrete — please don't tell me a concrete foot path attached to a 3.5-foot thick wall isn't a seawall — and intensive vegetation.

At least, it sure sounds like intensive vegetation, when you consider they're spending $4,000 on beach heliotrope and another $4,000 on hala, all in 25-gallon pots. No quantity is specified, which would make it awfully hard to determine whether the supplier actually fulfilled the contract. Another $10,000 is allocated for 1-gallon pots of naupaka, again with no quantity specified.

Then there's $15,000 for grass seed that is apparently mixed with gold dust at that price in addition to $6,000 for hydromulch seeding. Though why we would want to put a chemical concoction that close to the ocean is beyond me.

Take a gander through the rest of the budget. (Scroll to the end of the document.) Some $584,000 is being spent on concrete, and $145,000 for reinforcing steel. That's to make sure if you hit that wall with your car, it's guaranteed to be a big smashup. Another $230,000 is budgeted for rock facing on the concrete wall. Additionally, $42,500 is earmarked for cops and other traffic controls, with $25,000 allocated for archaeological monitoring. The pavement markers are $8,000, though it's hard to know exactly what we're paying for, as again, no specific quantities are listed.

Some $13,000 is budgeted for signs alone – gee, who would've thought a mile marker sign cost $1,500?

Which makes me wonder how much the sign cost that was put up right in the middle of Kuhio Highway — and run over within a day — advising motorists of the new crosswalk that's been installed between Kawaihau and Hauaala roads, one of the most congested sections in Kapaa. The crosswalk was painted so people could get from the Kawaihau spur, which is not yet pau, to the coastal Path.

Yet for some reason the county says, no, we can't possibly have the Path crossing the highway at either Safeway or Kuamoo Road, both of which have crosswalks and traffic signals.  What's up with that?  Like so much of the Path "planning," it's all rather ad hoc and opaque.

Meanwhile, a reader sent a photo showing how broad Wailua Beach was in 1981. The county keeps claiming it's accreting — a fancy word for growing — but we all know it hasn't been this wide for decades.

Two questions remain: why are Mayor Bernard Carvalho Jr., Lenny Rapozo, Doug Haigh and Thomas Noyes hellbent on this expensive, destructive and foolhardy course? And what will it take to stop this madness before it's too late for what's left of Wailua Beach?

Musings: Behind the Scenes

It's one of those delightful rainy days, when the clouds part every now and then to reveal waterfalls — nine on Waialeale, four on Makaleha at last count — and it's mostly silent, save for the dripping on leaves. It's a time when the pace is slowed sufficiently to truly savor small pleasures, like honeycomb on hot buttered toast, steam rising from a cup of tea on the little table in my screen porch.

Meanwhile....

Musings: Swirling

After the rain came the brightness of a moon that will be full tomorrow, a moon that slipped behind Makaleha and left the stars to do the lighting as the fog crept out of the cold, wet pastures and swirled across the road, the dogs and me.

Once again, Mayor Bernard Carvalho Jr.'s administration is swirling with controversy, what with Personnel Director Malcolm Fernandez getting axed this week by the Civil Service Commission, whose members are appointed by the mayor. So what do you think? Is Human Resources Manager Janine Rapozo, a staunch Carvalho loyalist, going to slide right into that position? Or more to the point, was that opening created specifically for her?

And coming up on next week's County Council agenda, the County Attorney is asking for permission to settle the lawsuit that Rebecca Vogt filed against former Prosecutor Shaylene Iseri-Carvalho last September. As I previously reported, Vogt claimed that she was passed over for pay raises because she did not support Shay's failed re-election campaign and experienced retaliation for speaking up:

The complaint alleges Iseri-Carvalho's actions were “willful, wanton, outrageous and oppressive,” and that Vogt suffered job insecurity, income loss, humiliation, and emotional and physical anguish as a result. The extent of the retaliation forced her to take a medical leave of absence, she alleges.

Since filing that complaint, things have brightened up considerably for Vogt. She was not only kept on when Prosecutor Justin Kollar assumed office, but was named second deputy and presumably given a raise.

Anyway, I hope she's as public about her settlement as she was about her lawsuit, since the public really should know how much the former prosecutor's Shaynanigans cost the county. Plus I'm sure all of us who have endured bad bosses are curious to learn how much such suffering is worth. How exactly do you calculate, in monetary terms, the anguish of discovering less experienced deputies are earning more than your own $80,000 annual salary?

While we're on the topic of lawsuits, Environment Hawaii is reporting that the state Department of Transportation is facing possible federal criminal indictments by the Department of Justice:

On December 20, DOJ attorneys informed the Department of Transportation that its lights are causing unlawful takes of birds, sea turtles, and moths protected by the two laws. According to a memo to the state’s chief procurement officer from state attorneys, “Although counsel for DOJ stated that the investigation is statewide, the priority is on O`ahu, where DOJ claims a considerable number of wedge-tailed shearwaters … have been supposedly injured by DOT lights.”

The DOJ has told the state that it can enter into a plea agreement or face a criminal trial.


KIUC and Kauai County found themselves in a similar predicament two years ago because their lights were killing endangered seabirds. Both ended up reaching a plea agreement with DOJ, though KIUC burned through some serious legal fees by waiting until the eve of its criminal trail to settle.

It seems the feds are paying attention to what happens in Hawaii, at least, environmentally.

Musings: Little Piggies

Some pigs have been visiting my yard lately, in the wee hours, when it's very dark and we're all asleep, though their grunts and snuffling wake me and excite the dogs. Last night I finally saw two of them in the moonlight, right outside my bedroom window, and when I said, "chhhh!" they ran.

Some pigs also have been visiting the county Planning Department, but they do not run away, because they're never scolded. Instead, they are welcomed, allowed to come in and correct their zoning violations, have their fines voided, and in at least two cases, given unwarranted rewards for compliance. 

At yesterday's County Council meeting, Planning Director Michael Dahilig revealed that even though his department has authority to collect up to $10,000 per day for uncorrected violations, no fines have been collected at all, because everyone came into compliance, even those who were caught red-handed.  

As The Garden Island reported:

[Councilman Mel] Rapozo compared this to showing up at a court date for a speeding violation and telling the judge “I stopped speeding,” to have the fine removed.

But what Dahilig didn't disclose was how in at least two cases, his department rewarded zoning violators with transient vacation rental (TVR) permits — even though neither house had a documented history of TVR use, as is required under county law.

Both houses in question are within the Wainiha flood zone, and both had illegally enclosed the downstairs. When the houses were sold, the new owners applied for TVR permits. Both permits were granted when the illegal enclosures were removed, even though neither had a prior history of vacation rental use. In one case, the previous owner had gotten a property tax exemption for occupying the house, so it obviously wasn't being rented. In the other, the new owner offered as verification a letter from North Shore Properties saying the place had been rented. That was it. No rental history, no proof of taxes paid, zip.

So not only are some people with zoning violations skipping substantial fines, they're reaping significant rewards because the county is using the carrot of a TVR permit as a way to get them to correct their illegal use. 

Worse, the county is actually increasing the TVR inventory in this way, even though some Council members assured us that natural attrition would gradually whittle down the number of TVRs.

There's something really sketchy going on with zoning inspections, and the latitude that's given in bringing violations into compliance. The problems are not just within the Planning Department, but the Building Department, too. Let's hope the Council has the gumption to really check it out — especially before it pungles up more money to hire inspectors.

Musings: Spiritual Preservation

The county and state already have pretty much handed over the North Shore of Kauai to the tourists, what with the proliferation of upscale vacation rentals and a ceaseless stream of visitors following the road to its congested end at Ke`e Beach.

But even that's not enough. Now the state also wants to “deface our Makana,” Bobo Ham-Young, a member of Hui O Maka`ainana O Makana, said on KKCR yesterday afternoon.

Makana. The distinctive peak that Hollywood turned into “Bali Hai,” the mountain that Hawaiians have begun climbing again, resurrecting the ancient tradition of throwing firebrands into the sea.

Remember how the state closed Kalalau Valley and spent hundreds of thousands of dollars blasting pohaku off the cliff face so rocks wouldn't fall on people? Well, that's the plan now for Makana, especially in the area above the "wet cave." Except the model is apparently closer to what they're doing along the road leading into Hanalei Valley, where the cliffside has been systematically dismantled so as to push it further away from the highway.

“The spikes, everything happening in Hanalei, they want to bring it down and do it here,” Bobo said. “They want to go and do this for the safety of the tourists to prevent rocks falling down from Makana and everything and hurting the tourists.”

“Who are they to come over here and deface our most sacred mountain we have over here?” he asked. “It's like one of the seven wonders of Hawaii.”

And people wonder why so many kanaka are huhu and grieving, why there's so much aggro energy on the North Shore.

Bobo said that he and some others at the meeting told the state “it's a no go,” but the state reportedly has $320,000 burning a hole in its pocket — federal money it has to spend or lose. It's unclear whether the state will “go back to the drawing board” as some residents directed.

“What is significant to you, you have to protect,” Bobo said.

Earlier, Nani Rogers had called into the radio station and asked Councilman Tim Bynum why the County didn't have a cultural committee. She envisioned a panel of kanaka who could advise the county on matters of cultural importance, so as to avoid conflicts like the one over putting the Path on Wailua Beach.

It makes perfect sense — unless, of course, the county doesn't really want cultural concerns getting in the way of what it wants to do, like put the Path on the beach.

Tim said he would look into it, while noting the county does have a Historical Preservation Commission. Which is fine, except the emphasis is so often on preservation of structures (often post-contact) as opposed to spiritual preservation — protecting the landforms and places that have long been sacred to kanaka and are an integral part of the culture.

Just the other day I read an article by Pat Griffin advocating the county hire a historic preservation planner who could “create an inventory of cultural and historic sites countywide, then develop and coordinate a management plan for our heritage resources. That past is a prologue to our future. Now is the time to make its wise preservation a priority."

Ironically, Pat's husband, Tommy Noyes, is the foremost proponent pushing for the Path on Wailua Beach.

We don't need more westerners or professional planners creating management plans for Hawaiian cultural sites. We need to start consulting kanaka first, and heed their wishes when they say, with pain in their voices, tears in their eyes, that an area is sacred and should not be desecrated.

Musings: Media Monopoly

Dawn found us on the mountain trail, where the grass was sparkling with dew and rosy wisps crowned jagged peaks. And then the sun rose, a red ball at my back that gave the dogs and me brief shadows before it was consumed by a quilt of thick gray.

The Garden Island, meanwhile, has been consumed by Oahu Publications, which already owns the Star-Advertiser and MidWeek. So now that growing media monopoly has a lock on our island's print media, promising to push it further into vacuous homogeny. 

Funny, how the Star-Advertiser doesn't care enough about Kauai to post a reporter here or cover the island, but its parent company can't wait to gorge on our advertising revenues, as it currently does with its cash cow, MidWeek Kauai.

If the Star-Advertiser is any example, I suspect the first step will be a gag order on any coverage that is critical of GMOs or the military, or supportive of Hawaiian independence. 

Then the next step will be a pay wall on the website, which means people will actually have to pungle up cash to read yet another letter to the editor from James “Kimo” Rosen. 

There's never been a better time to support your local bloggers, folks, and truly independent media like Honolulu Weekly. 

King's Day, King's Legacy