The rain returns to replenish the earth, the full moon returns to illuminate our shadows, Valentine's Day returns to open our hearts and this post returns to previous topics to bring them up-to-date.
First, Earthjustice attorney Paul Achitoff says his organization and Center for Food Safety still fully intend to provide pro bono legal services to fight the chem corps lawsuit. But rather than represent the County, which is being sued over Bill 2491/Ordinance 960, they plan to seek intervenor status on behalf on an unnamed community group(s).
Paul says they will be seeking to intervene and he thinks there's “more than a 50-50 chance” the court will let them in. If it does, he says, “our role will be identical” to the one played by the attorneys representing the county. Except they'll have different clients, and he wouldn't elaborate on how the interests of those clients might differ.
Speaking of Center for Food Safety, they have a new video out that features Councilman Gary Hooser along with Vandana Shiva, attorney Andrew Kimbrell and Hawaii Seed President Jeri Di Pietro making her usual outrageous claims:
“There's an epidemic of cancer, leukemias, obesity, asthma and there's more of these diseases in people living near these chemical crops.”
I guess Jeri missed the report from the Hawaii Tumor Registry that found “there is no evidence of higher incidence of cancer on the island of Kaua‘i overall or for specific geographic regions of the island, as compared to the state of Hawaii,” except on the north shore, where there was more skin cancer among haoles.
Which is why I couldn't agree more when I read these words in Dylan Hooser's letter to the editor today:
We should be debating the facts and the issues.
Yes. It's only too bad we didn't start there, instead of passing a bill driven by ego, innuendo, bullying, speculation, hyperbole, hysteria and the fanned flames of fear. And as the CFS video makes clear, those tactics are still being used by at least one of the entities that wants to defend some of our citizens, but not our whole county, in court.
Defeated Prosecutor and former Councilwoman Shaylene Iseri appears poised to re-enter the political arena. She attended Wednesday's Council meeting, where she made a multi-minute rant against the county attorney's request for $500,000 to refill the Special Counsel account. It was followed by this pronouncement:
I will be here hopefully almost every week to bring forth these deficiencies.
While the County Attorney's office has plenty to ding, it rings a bit hollow to hear a woman who has personally cost the county hundreds of thousands of dollars in legal fees and settlements rail against escalating legal costs.
And finally, following several complaints, the county issued a cease and desist order on the Wainiha house that was being systematically dismantled under a $45,200 building permit for an “unsubstantial improvement," as detailed in a Jan. 31 post.
After the shut down, I got a call first from the contractor, Jeff O'Hara, and then from the architect, Adam Brown, both of whom wanted to say the owners — a young family from New Jersey — are nice people who were not trying to skirt the flood law, had no intention of turning the house into an illegal vacation and truly did want to preserve the adorable modest surf shack they'd purchased.
Adam said he had done everything “by the book," it took nearly a year to get the building permit for the remodel approved and the contractor was never authorized to take down as much of the structure as he did. Jeff admitted he got carried away when he saw the termite damage, but thought he had verbal approval from the building division to remove walls.
Adam has now gotten a permit to demolish the home, and the owners are deciding what's next. In the meantime, Adam wanted to share his perspective with readers, especially those who currently own the classic beach cottages and plantation-style houses sitting at grade in the flood zone:
Many people see the non substantial improvement rules as a way to increase home size, county cheating, etc. The reality is the non substantial improvement laws are an attempt at systematic removal of Pre Firm homes in the flood zones. Don't forget that. FEMA does not want these homes in the flood zone. The new Biggert Waters Reform Act of 2012 rules coming into effect will substantially raise insurance rates for those homes that are Pre Firm Flood Zone homes. No longer will government subsidize the insurance.
A home in this category can only have a maximum of 50% (40% if you don't want to itemize contractor bids) of its value used to repair it every ten years. The lowered valuations by the county makes the reality of fixing a damaged home difficult. If you notice the costs that must be included in the calculation are almost everything structural, as well as superficial. As we discussed, the county uses a higher rate to assess value to repairs past the Hanalei Bridge. Elevated rates, coupled with lowered assessed tax values makes it more difficult to restore these homes. I don't just mean the off islanders, this applies to everyone who lives here in an on grade home in a flood zone and wants a permit to fix it.
It is very important that people that own these homes, and want them to stay here and the life it represents, maintain the homes carefully and use these rules to their benefit. They should be making permitted repairs to correct their homes every ten years, if their home needs correction. Some are using the rules to maintain size, density and local character but the government is using the rules to remove the homes entirely. Once they are gone, they are never coming back and that time will be sooner than anyone realizes.
Happy Valentines Day!
Thanks for all the "digging" of "doodoo" you do!
No way can Earthjustice will get intervention status.
Farmers have been a buyin' store bought seeds fer 'bout a hunnert twenny year or so, ain't no seed crisis as alleged by backyarder farmer group Hawaii Seed.
I am happy that Dylan Hooser desires to discuss facts and issues. Now all we have to figure out is, who in the world is he to ask for civil discussion when he and Dadsly Hooser have been so outright dishonest, venomous and uncivil? Please don't Bogart that joint, mah fren, pass it over to me.
You cannot do something because of what your father did. That mentality is so Kauai.
"Many people see the non substantial improvement rules as a way to increase home size, county cheating, etc. The reality is the non substantial improvement laws are an attempt at systematic removal of Pre Firm homes in the flood zones. Don't forget that. FEMA does not want these homes in the flood zone. "
Houses don't belong in the flood zone. They're not safe. And expecting your neighbors (via FEMA = tax money) to subsidize the risk of your foolishness is something even wingnuts can find objectionable.
Just how does having a young couple from NJ using a small house as a vacation home be described as keeping the way of life from the past ??? The architect is pretty self serving with all this crap.
So Shaylene is going to be in front of the Council every week. Great. Maybe now she'll answer questions about the procurement of services from the Las Vegas vendor for her Pohaku program or why her first deputy was the vendor's agent or why it used the Prosecutor's office for their address. Or maybe she'll answer questions about her use of county vehicles and gas for her personal use.
Shaylene may have had a couple of discrepancies in procurement, but she would be a better council person than most of the incumbents. Which is not saying much. She is a good and smart lady.
4:02 Kauai is full of nepotism and it can be OK. It is Dylan who has inserted himself into the hard edge of politics. He is responsible for his actions and words. Ohhhh - Roll another one, just like the other one.
If Shaylene's so good why all the EEOC complaints? Why the questionable relationship with the Las Vegas company that she refused to answer questions about?
And how hypocritical for her to go after people for using County gas when she was not only using gas but County cars too.
Regarding houses don't belong in flood zone.
This is why we have flood zone building regulations pertaining to different locations. Anini, Moloaa, Kapaa are in a flood zone, Hanalei town is in a flood zone, Nawiliwili is in a flood zone. All low lying areas on Kauai pretty much are in a flood zone. But if you are in a high risk area you should never build a slab on grade dwelling. This is why we have laws and rules, to protect the occupants from disaster. If you circumvent the rules to save a few bucks, you are doing it at a risk to you and your family or tenants. Most of you have not seen the hundred year flood on Kauai. I hope I never see another in my lifetime.
As for Shaylene Iseri Carvalho my empirical observation would be one that her administrative skills may not be her best asset and could use some refining. Though her community knowledge and love for Kauai would put her at an advantage in the next council election. Just saying!
Shaylene will run and Shaylene will win.
Listen to the locals. Enough already with all the loud, disrespectful mainland behavior and hi-nose mentality .
She may get elected to the Council but it won't change her character. And you don't think she's loud and disrespectful?
Being local is NOT the only criteria. I'm local and I will never vote for Shay. The last thing we need is a loud mouth narcissist who thinks she knows it all and is as power hungry as any good old boy. It goes far beyond poor administrative skills. She's abusive and violates employee equal opportunity rights. She is a liability to the County and to the taxpayers.
Lol @ anyone being more loud mouthed or disrespectful or hi-nose than Iseri.
Shaylene may be loud and disrespectful at times but only to those that may be louder or more disrespectful. Just Saying!
"Listen to the locals" has been tried. The result is the Kauai we have today.
If getting loud, obnoxious and drunk in bars is the criteria, then I think we have a winner.
244 Building in floods- all were illegal dwellings in flood zones with no permits which caused deaths at Wailapa, the man-made dam disaster would not have killed anyone if illegal houses were not there. Mainlanders-
GMO/pesticide polarizing Kauai - Mainlanders
Sue every neighbor or call the cops for every little thing -Mainlanders
Illegal TVRS- mainlanders
Giant AG houses- Mainlanders
Superferry conflict- Mainlanders
100 hour council or planning commmission meetings- Blabby mainlanders
Blocked beach access- Mostly mainlanders with some old time families
Chop all AG land for phony farming and big house-Mainlanders
Mainland style- dictate, we know better, you locals are stupid, blame others, you locals are poor little things, my way or the lawsuit way
Local style- let's see if we can work together to fix this thing
BTW the rain lately is from westside big ag causing global climate change/warming and because the balance of chi (qi)is off- must do chant and call legislature, earth justice teri Tico, Hooser, Bynam ad nauseum the rain proves imbalance of natural harmony
She'd be entertaining.
How many more lawsuits by County employees will we have if Shaylene is elected and supervises Council staff? Just sayin'.
Nukolii controversy caused by mainlanders? Tell that to Kaipo Asing. GMO / pesticides controversy caused by mainlanders? Tell that to the west side residents who have to breath the dust. You're either a newcomer to Kauai or played football without a helmet and suffer from too many hits to the head.
It will be interesting to see who is ridiculous enough to support Shaylene in light of all the money she has cost this county and her history of harassing county employees. She only cares about herself. And LOVES jet-setting with county money.
Lots of us love Shaylene and would happily vote for her.
6:58 So your position is that Mainlanders control Kauai ?
Why? Why would you love Shaylene? I really would like to know.
Sure, there's just way more people that DON'T love her and are very happy to vote for literally anyone who is running against her.
I worked with Shaylene for years. She is a vile human being. Anyone who would choose to spend their free time with her needs their head examined.
Also from mainland,
Birth control pill
DNA based medicine
Nukolii amd OMG the other movement of the time (southshore), had many locals involved in the sky is falling brigades. However the moist vibrant flesh was made up of newcomers. The first real taste of newcomers and local politics was the Kauai Surf strike, every strike breaker was a newcomer. At least during the Kauai Surf episode, the newcomers wanted to work and took it (at the expense of the ILWU members). There may be a few Haole surfer/hippies who remember this time, who are still here. Most are long gone, leaving their legacy of Foodstamps and Marrywanna behind.
To a large extent - the anti-hotel, anti-housing, anto-PMRF, anti anything movements have been made up of newcomers and some Bananas. The newcomers have always come and go, some left the sour taste of "we be smarter than the locals", most just couldn't handle the island and went back home.
Nowadays, there are many rich folks, who have bought land, who have "their" paradise and want the island, to stay exactly as they see it in their mind's eye. They stay here, they push their steel lined, self serving hysteria.
The locals, increasingly find the age old way of discussing ideas and sharing an agreed result, is gone. Strong, vocal, pale faced base of NIMBYs and save paradise dreamers, stop pertneer everything- activists abound. (For the most part) Smart, theatrical, hi-nose, pushy and yep, Haole style, control freaks seem to have taken (temporarily) politics, in hand-- at least on the Council, thank Yumpin' Yehovah, we still have some of the old Aloha left in the Mayor's office.
Moist vibrant flesh? There was a lot more going on besides Nukolii and it wasn't haoles getting the short end of the stick. But, hey, no matter as long as you are making out and they're paying you. How do you like your neighbors in Princeville and Poipu?
(CNN) -- The number of chemicals known to be toxic to children's developing brains has doubled over the last seven years, researchers said.
Dr. Philip Landrigan at Mount Sinai School of Medicine in New York and Dr. Philippe Grandjean from Harvard School of Public Health in Boston, authors of the review published Friday in The Lancet Neurology journal, say the news is so troubling they are calling for a worldwide overhaul of the regulatory process in order to protect children's brains.
Now, after further review, six more chemicals have been added to the list: manganese; fluoride; tetrachloroethylene, a solvent; a class of chemicals called polybrominated diphenyl ethers, or flame retardants; and two pesticides, chlorpyrifos, which is widely used in agriculture, and dichlorodiphenyltrichloroethane, or DDT.
8:35: age old way of discussing ideas and sharing an agreed result? Yeah, us locals agreed with all of the up zoning of land that has led to the segregated and overpriced (for locals) development. You must be on batu.
743- Just the point- the locals are not engaging in the conversation..the conversation is dominated by the Hooserites, Nimbys, newcomers and unicorn rainbow riders. Of course, only after the Unicorn set has their nice, dry well lit place.
I gots mine, you can't gets yorn.
The discussion that led to the segregated communities north and south took place well before the nimbys became what they are now. You should read up on Nukolii and how the land was bought by a hui of mostly off island well connected power brokers who then pushed through the up zoning of the property from ag to resort. And it was the locals who were pissed (except for the construction workers and politicians who stood to gain from the up zoning). If this kind of back room wheeling and dealing is what you mean by the locals kumbayaing to reach consensus, you can have it. This local boy, old as he is, will still impolitely call it what it is: corruption.
1. Shaylene cost the county AT LEAST $500k in civil lawsuits in the last Fiscal Year budget, that is why the CA's had to request more $$
2. Dylan Hooser wanting facts? How about Dylan tell us the facts of his marijuana case that was dismissed...ya know, just to clear things up.
3. Shay refused to answer questions about her procurement and development of her POHAKU program, Shay also abused fuel usage as she and her followers Glen, Joe, and Ken accused the Mayor of.
what the hell is going on on kauai.
we need new blood on the Council, it's not the Mayor or his Administration, it's the Council passing BAD laws, and wasting time at council meetings. it's a god damn circus.
9:28 I was there thru out the process. Nukolii upset many people and was a good thing for many workers. Tommy Trask, Mac Kageyama and Eduardo Malapit and others took major hits. There may have been back room dealing. Remember, at that time, jobs were scarce. Lessons were learned. But the minions in the protests were mostly newcomers.
Today Kauai has so much dough that the well heeled newcomers and their fawning hooserite acolytes have overcome reason and discourse and turned communication into fear, threats and mobs.
I guarantee you, if you are in business, if a Hooserite came to your door you would not let them in. If Furfaro, Rapozo or Mayor came to the door, communication would occur. Facts are Hooser and Bynam are against business PERIOD, they are government control freaks, who want their ideas, their friends and their illusions to dominate.
Council member sues county for big dough. Council members threaten jobs and cry like l'il girls when job makers sue to protect their rights. Council cherry picks a like-mind hooserite for a council seat, for a swing vote. Council has no money to defend a known lawsuit.
This is corruption, compounded with arrogance and stupidity.
I am a local, late 60s and only now am i standing up to be heard. In the past, people like Caren Diamond (i don't know where she's from) have stood up and pushed for what we locals should have stood up for all along. So, don't get too angry with the newcomers who have stood up for the rights and best of our island. Many locals are the ones who throw their trash all over the place, it's many of the newcomers who pick up after the locals. Don't go hard on these people, they take care of our island like we all should----many of them have lead the way for a better Kauai! It's time for the "locals" to do more! Many of us are too shy to speak up and so others do the talking, activating and protesting while we watch from the sidelines. These are brave, bold people---locals are sometimes too afraid to disrupt and bring their names and family names to the forefront . . . . so we rely on others . . . it's not that we don't care! Maybe others think we are stupid due to the fact that we haven't stood up to show them how smart we are----i feel we are starting to do that more and more now. No matter what happens with the biotech companies, they now know that we are not "stupid" and will have courage to fight for what we think is right for the county of Kauai.
What, you think we asked the haoles, eh, come help us out? If you were there, then you know about the history of ownership and the wheeling and dealing that led to a piece of dairy land in the middle of nowhere all of a sudden being slated for resort development. You don't think the hui that bought it massaged the process to get those approvals? Where do you think they were from? And what of the Japanese corporation paying for the second Nukolii referendum to rezone it back to resort? You're complaining about Bynum and Hooser but you have no problem with a foreign company financing an election on Kauai? Seriously?
I agree the dynamics of Kauai politics have changed since then. Those pesticide/gmo council meetings were sad not just because of the often hysterical tin hat whining that detracted from the heart felt testimony of those who are truly impacted, but also because of the newbie domination of the process (went hand in hand, I guess). It was something that you probably also could see coming even back when. But look at Princeville and Poipu. For the most part, enclaves of newbies living in developments where the major decisions were made decades ago. They're really asserting themselves now and we are reaping what we have sown. Kauai, 2014. Auwe!
Shaylene used county cars and county gas for her personal use, including bar hopping. Many people saw her at different bars and restaurants although they may not have known how she got there. The people who worked with her (and rode with her), KPD (including the Chief and other top brass) and other county officials knew about it and ignored it or covered it up. The public won't know about it because the people who are supposed to investigate crimes and prosecute criminals won't go after one of their own. Chief Perry?
Why did the locals vote to become a State ?
The Nukolii referendum came at a critical time for big ag and Kauai. All the pineapple canneries had closed along with Kilauea Plantation. It was (ten years?) after the CZO established land use regulations and processes for development. So Twenty plus years after statehood.
So Statehood plus 10 Hawaiian Fruit Packers closing , plus 10 CZO established, plus 10 Nukolii.
The Democratic Party was a key player in Statehood. They saw the possibility that statehood would bring for education and small business opportunity. And need I say it, anything but the Big Five.
Was there a first and second referendum? See below.
Anyway, there were a lot of bananas in the bunch.
It's also why our population is only 60,000. The part that scares me is the we fight Big Ag, PMRF, TVRs that bring money from the outside in. Property taxes are paid by current residents and businesses and low income residents are protected by ordinance which leaves the rest of us.
I think it is wise to sell before you are forced to. Hence the Hawaii away from home, Las Vegas.
Locals voted for becoming a State not people from the mainland Pineapple and sugar left because they were not profitable PMRF would not exist if not for Senator Dan Inouye . Nikolai was a scam of George Ariyoshi and his friends . Locals need to take responsibility.
Your citation ends with the Hawaii Supreme Court's ruling, not with the subsequent election financed by Hasegawa Komuten. I guess it's okay if you're one of the bananas used by the Japanese corporation and the insurance company but not okay if you're a local who happens to oppose a development also opposed by haoles.
Here's a NYT article from 1984 on the second election:
DEVELOPER PAYS EXPENSES FOR VOTING ON ZONING ON LITTLE HAWAIIAN ISLAND
By WALLACE TURNER
Published: January 12, 1984
LIHUE, Hawaii, Jan. 7— Most of the $50,000 cost of a special election on the island of Kauai has been paid by a Japanese-owned development company that hopes voters will reverse themselves and remove a stumbling block to the completion of a multimillion-dollar project at Nukolii Beach.
A vote to allow completion would also let the company, Hasegawa Komuten (USA), find its way out of a cul-de-sac where it has invested $50 million in an unfinished development.
Lawyers here say their research has turned up no other instance in which a private company has been allowed to finance a public election to decide an issue in which it has an interest.
The special election will be held Feb. 4. The only question for 16,000 Kauai voters will be a question brought forward by a prodevelopment group, Kauaians for Nukolii, which is financed by Hasegawa Komuten. County officials had been asked to call a special election but refused on the ground of economy.
Thank you. Found this one about the special election.
My point being that slow growth has been popular and is reflected in Kauai having a low population and slower growth than other islands. Now with the plantations all gone and major land holders faced with no real agricultural option for their lands except for the Seed Companies. What will the future hold?
There are many options for good land use besides seeds or tourism and development
Marijuana farms. Imagine the restaurants booming and designated driver businesses.
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