Friday, March 26, 2010

Musings: The Greater Good

Last night it was the moon, building and brightening, that lit the way through sighing trees when Koko and I went walking, while this morning it was the soft blue light of a cloudy pre-dawn.

The streets, wet from showers that passed through under cover of darkness, were nearly deserted, as is typically the case on a holiday. So it was easier for my neighbor Andy and me to chat without the distraction of passing cars, which are always a consideration when his dog is off her leash, as is often the case, because he likes to give her the freedom to be a dog.

Speaking of which, I heard the details of Humane Society Director Becky Rhoades’ citation, or rather, a credible account of her version of events. She apparently had just reached the Kealia Stream bridge, which marks the northernmost point where dogs are allowed on the Path, when she espied a dreaded unleashed outlaw, standing with its owner near yonder lifeguard stand.

With Toto in toto in a basket on her handlebars, she quickly pedaled down the Path to educate the errant owner. But as she began to deliver her lecture, his friend, a county park employee, reportedly interrupted and said, “Who the hell are you, you fucking bitch? You’re not even supposed to be on this part of the Path with a dog.”

At that point she demanded he call a ranger to cite the bad owner, as well as her, because she knew she was technically in the wrong, even though she was serving the greater good.

Now it could be argued that other public servants are technically in the wrong and not serving the public good, and that was the case that former Councilman Mel Rapozo made against the new TVR (transient vacation rental) bill on my radio show yesterday.

I must now add that Councilman Tim Bynum had a change of heart and did call in after all, toward what he thought was the end of the show. My co-host Caren Diamond and I were glad he did, as politicians should be willing to publicly discuss legislation they’ve proposed — especially those who like to characterize themselves as proponents of sunshine, transparency and open government.

What struck me as even more interesting, however, were some of the comments made by callers, particularly the observation that many of us have friends with vacation rentals. That’s true. It’s also true we tend to look more kindly upon them than the off-island investment consortiums that have developed the mini-resort TVRs along the North Shore, or the mainlanders using the income from a TVR to offset the costs of maintaining a second home.

We also tend to look more kindly upon the handful of farmers who have a TVR that helps them stay in farming than those who have built ag land mansions that rent for thousands of dollars per night and don’t even make a pretense of being linked to a farm.

So perhaps the tensions over this issue would be eased if we required TVR owners to be fulltime residents of Kauai, and to have a bonafide farming operation if it’s on ag land. It also seems it would be wise if the county first adopted an ag tourism bill that defines a farm before it wades into the quicksand of approving farm worker housing and ag land TVRs.

Several callers noted that zoning violations are rampant on Kauai, with Mel making the comment that locals are being “hammered” for minor offenses, while rich folks are let go because the county fears a lawsuit.

There’s no doubt that enforcement is often MIA on Kauai. A friend who is looking to buy a house said she was shocked at how many of the listings lack building permits, either entirely, or for various structures, such as the garage or an additional dwelling unit. And while some were good deals, she had to pass because they didn’t qualify for bank loans.

Then there are the palatial barns built on ag land that have the kitchens installed after inspection, giving the owners a house they otherwise wouldn’t be allowed to have. This is so common that one draftsman told me he was actually trained to do this when he began working for a local architect who is active in the TVR biz.

And as Tim noted on the radio show, the county is still allowing new ag land subdivisions that are strictly residential, which pretty much makes a mockery of the agricultural district.

So until we get really clear on just what we want for Kauai’s agricultural lands, and are willing to get serious about enforcement in general, pursuing a new TVR bill is pretty much an exercise in futility.

But that would require politicians, and planning directors, who are both technically in the right and dedicated to the greater good.

39 comments:

Anonymous said...

how many people work in the county planning department?

how many inspectors, planners, clerks?

how many inspectors, planners, clerks work for Maui, Hawaii, or Oahu?

How many open positions are there in the planning department?

---Are there more attorneys than planners here? What do you think that means?

Anonymous said...

So perhaps the tensions over this issue would be eased if we required TVR owners to be fulltime residents of Kauai

It would be unconstitutional to require TVR owners to be full time residents of Kauai.

Anonymous said...

Why not require the TVR owner to farm? They do it on Maui. Oh, that's right, we don't want to be like Maui. We'd rather have some rich asshole break the law and then sanction it by giving them a permit to have a mini hotel on ag land. Don't forget the realtors who made a fortune encouraging this kind of shit or the county for letting it happen.

Anonymous said...

I enjoyed the presentation on your radio show with Caren Diamond. Finally, KKCR has a relevant show on Thursdays, not just jabberwocky from the DJ's.

Locals are not the only non rich homeowners getting jerked around on the choke chain by the county planner's enforcement team.

There is a bit of "us" (locals)versus "them" (whites)racist attitude coming our of Mel's mouth lumping the rich and famous with those of us (whites) who came here to live in harmony, help protect and preserve the local environment and culture. Check Mel's blog....lots of racism there.

IF we cannot enforce the illegal TVR's with a planning commission and department that allows the "rich whites" to do what ever they want....what's the point?

If we did collect taxes from the ag farm subdivisions (mansions) that grow no produce to sell or share, the county would have more tax money in their coffers.

Right now, the cash cow is the unsuspecting dog owner on a walk with Man's best friend...on the wrong side of the bridge. $500 bucks! Auwe!

Dr Freddy

Anonymous said...

I listened to the show and was disappointed that Kawakami did not call in being that he and Asing were the only two to vote against the TVR bill. Kawakami gave a strong concise argument with examples from Maui and the Big Island rather than the typical rants we hear from other opponents of the bill.

Anonymous said...

"“Who the hell are you, you fucking bitch? You’re not even supposed to be on this part of the Path with a dog.”

-- the f bomb right out of the gate? classy


dwps

Mel Rapozo said...

"There is a bit of "us" (locals)versus "them" (whites)racist attitude coming our of Mel's mouth lumping the rich and famous with those of us (whites) who came here to live in harmony, help protect and preserve the local environment and culture. Check Mel's blog....lots of racism there."

The term "local" is colorblind. Local is anyone that lives here, full time. I never referenced "locals" as being non-white. I am white. I am local. Many locals are being cited with zoning violations by the Planning Department. I don't have a problem with the Planning Department issuing notices of violations for residents that have illegal structures. I encourage that. My point was that the Council isn't trying to help these residents by allowing provisional permits and non-enforcement agreements. Why not? Because they can't afford high-powered attorneys that will threaten to sue the County?

Anonymous said...

In the "Clearing things up" post Mel said,"I firmly believe that all laws need to be followed" Now he says "My point was that the Council isn't trying to help these residents (locals) by allowing provisional permits and non-enforcement agreements."

WTF? Provisional and non-enforcement of the law equally is the problem - white man speak with forked tongue.

Anonymous said...

This is a classic troll comment. Mel's point was clear to anyone with even a small brain.

Anonymous said...

No, this his is a classic troll comment, "This is a classic troll comment. Mel's point was clear to anyone with even a small brain."

Enforcing the law and not enforcing the law is not only unclear it is corrupt. "Some pigs are more equal than others." Animal Farm - Geopge Orwell

Anonymous said...

Mel..Why do you pretend that"locals" includes "white" people? "Haole" is the standard term for "white" people.I've never heard of kill a local day...have you?

Anonymous said...

Haven't you ever heard of local haoles?

Andy Parx said...

A little Kealia history. In 1976 a Japanese developer wanted to put a resort where the Kumukumu camp- right across the highway from the beach- had recently been shut down.

People fought like hell to stop it and did so successfully but at one point those who opposed it but thought it inevitable had suggested Kealia be officially designated as a county beach park to “protect” it from development

Many local people saw what happens on Kaua`i when you make a beach a beach “park”- where we once had free reign to camp, fish, drive to the beach camping spot and generally be free of rules and restrictions, we now had rangers, prohibitions- including against bringing our dogs- and generally had to go somewhere else to relax on weekends ad holidays.

So we stopped the beach park. And some tracked it for decades and every time the proposal came back up we nipped it in the bud.

Now comes the bike path- that had it’s origins in Kealia Kai- and we thought we had nipped the beach park idea in the bud again and the bike path would just run along the old haul cane road.

Then Bernard- as head of the newly created Parks and Rec- unbeknownst to anyone including the council until they were done- first secretly installed illegal un-permitted pavilions- some of which had to be torn down- along the bike path because we had “extra money” (don’t ya just love that one?).

Finally they had to tear down and re-do some of the pavilions and ran the path along side it but then, instead of leaving well enough alone, when the “dog path” bill came along all of a sudden Bernard and his cronies somehow “declared” the bike path with paivillions to be a “linear park” even though ordinance calls for official designation of parks by the council... not to mention that no one had ever heard of a “linear park”.

So through the back door Kealia has essentially become a “beach park” despite citizen vigilance... all due to Bernard’s lack of foresight and bending and breaking of laws, rules and regs.

Anonymous said...

"not to mention that no one had ever heard of a “linear park”"

there are 3.6 million hits when you google "linear park"- guess you have never heard of research either.

--- you people are so funny, ya'll make me laugh.

disgusted said...

"a local architect who is active in the TVR biz."

Could that be Ron Agor?

Anonymous said...

Maybe the ʻagʻ land or fake farms need to be taxed according to what kind of structure is there.
If there is a multi-million dollar whore house (which they all are) the land underneath it should be taxed according to the value of the house not the zoning designation.

Andy Parx said...

The phrase "linear park" does not appear in Kaua`i county charter code or administrative rules.

Anonymous said...

in Kaua`i county charter code or administrative rules.

but that's not what you said, you said, no one had ever heard of X, not X is not in KCC, but justify yourself, it probably makes you happy.

Anonymous said...

Joan..Who is the one deleting posts?

Anonymous said...

Does the KCC define "beach parks" or "neighborhood parks" or does it just say park?

Anonymous said...

Joan..Who is the one deleting posts?

March 28, 2010 4:56 AM

Homer says 'doh - Joan has the right to delete posts from her site.'

TheLitrtleEngineThatCould said...

Sorry I missed that show. I had talked to Caren about it. I am hoping to call in the future.

This whole ag bill is getting crazy. When it first came out we were all just a little hopeful to get our dreams finalized. The opportunity to maybe own just an acre of land, farm it, live there, and sell what we can make the land produce, earn a decent living and be independent and happy. What we saw happening curled our teeth.

I will probably never have my dream of being able to be again on a piece of land that I can farm and produce and sell from. The only opportunity most here can see is stooped labor in someone elses fields in baracks style housing if we can even get that human decency passed.

And speaking of housing, I have more news to curl your teeth...twice. Public Housing residents in the future (near) will be required to pack their bags and head off to the streets or beach, even if they have been abiding by the rules and paying their rent. The reason? Twofold. First, an elected official stated at the March 19 meeting, the poor must emulate the rich so the rich will be coming into public housing. Second, they must leave to make way for others who are on the street waiting for housing.

Guess we will all be waiting for those humane housing facilities on somebody's farm to house us all.

Anonymous said...

"I will probably never have my dream of being able to be again on a piece of land that I can farm and produce and sell from."

---there is nothing in the law that prevents you from growing vegetables (and HRS 205 does allow you to sell them) but if you want to bemoan you can't that is to say you can't get what you want, why not propose your own legislation, KCC does allow it.

Anonymous said...

""I will probably never have my dream of being able to be again on a piece of land that I can farm and produce and sell from."

Oh woe is me.

At least the land ʻyou canʻt haveʻ isnʻt yours to begin with; the Hawaiians have this dilemma and worse - it is their land to begin with!

Anonymous said...

"The opportunity to maybe own just an acre of land, farm it, live there, and sell what we can make the land produce, earn a decent living and be independent and happy."

TWO QUICK QUESTIONS:

-if you can't afford to buy land now, what will change to allow you to buy land with an ag bill?

-why can't you grow vegetables now?

and a comment -

-your happiness is dependent on this? what a sad little life you must have.

Anonymous said...

"if we can even get that human decency passed." what does this mean?

Anonymous said...

"First, an elected official stated at the March 19 meeting, the poor must emulate the rich so the rich will be coming into public housing."

is this a direct quote? who said it "the poor must emuloate the rich?" how so, please elaborate.

oh, and why can't you grow any now, landlord won't let you?

Anonymous said...

"Guess we will all be waiting for those humane housing facilities on somebody's farm to house us all."

March 28, 2010 1:50 PM

what the heck are you talking about, are you single handedly wanting to bring back the plantation era?

Anonymous said...

"There’s no doubt that enforcement is often MIA on Kauai."

how many inspectors?
March 26, 2010 11:26 AM

2, 3 or 4 for 25,000+ residences?

checked kauai.gov - looks like the answer is there are no open positions.

Anonymous said...

Joan...Deleting posts is censorship .I thought you wanted opinions. I thought you were trying to represent all the people not just those who fit in your box.You are acting like the Goverment you strongly argue against.

Anonymous said...

Joan...Deleting posts is censorship .I thought you wanted opinions. I thought you were trying to represent all the people not just those who fit in your box.

You must be new here.

Dawson said...

I thought you wanted opinions.

I think you don't understand the difference between the expression of opinion and the infliction of abuse.

jackbauer said...

"Joan...Deleting posts is censorship .."

ahwww...........shut up.

Itʻs her site. Period. If she doesnʻt want some of the slime that most of these commenters are leaking all over her site, more power to Joan!
Go somewhere your stuff is tolerated.

Then again, unless you want to pay her for her time, talent and expenses, thatʻs a different story but still.....you would have to get her approval.
Maybe you just donʻt belong on this site.

Anonymous said...

The people that complain about "deleting posts" has a valid point. Everyone's opinion makes for better blogs.Argue the point...don't shoot the messenger.They hate us for our freedom.

Anonymous said...

Delete irrelavant posts, thank you.

Anonymous said...

Andy Parx said...

The phrase "linear park" does not appear in Kaua`i county charter code or administrative rules.

March 27, 2010 5:09 PM

Anonymous said...

Does the KCC define "beach parks" or "neighborhood parks" or does it just say park?

March 28, 2010 10:59 AM

does KCC define beach park, community park or neighborhood park or did Mr Parx just want some sensationalization? bingo

Anonymous said...

parx is parks...park 'em if yah got 'em...

Anonymous said...

"Mr Parx just want some sensationalization? bingo"

someone got his #

--doh

;)

Anonymous said...

Kealia has essentially become a “beach park”

--wow - dude is against the creation of parks, cause it would be so much better if a coco palms or hyatt was built there instead? I see the logic...right.