Tuesday, March 11, 2014

Musings: Targeted Enforcement

It looks like Kauai's Mina Morita, chair of the Public Utilities Commission, is the target of a political hit.

The state Department of Land and Natural Resources is suddenly moving to enforce against Morita and her husband, Lance Laney, for operating illegal vacation rentals in Hanalei Valley — just as Gov. Neil Abercrombie is making an unpopular move to dump her as PUC chair.

The investigation was reportedly launched by a 2008 anonymous tip which curiously only now has yielded “new information and evidence that supports this alleged violation claim,” according to a letter by DLNR Director William Aila that was leaked to The Garden Island

The newspaper also referenced a “draft submittal report expected to be on the agenda for the BLNR’s meeting March 28.” But neither the agenda, nor the the staff reports, are yet posted on the DLNR website, raising the question of who handed the documents to TGI reporter Chris D'Angelo. DLNR did not respond this morning to my requests for the documents.

But it smells of Hanalei River boatyard owner Mike Sheehan. He reportedly is the source of the original “anonymous” complaint, and blasted a December 2013 email in which he made numerous undocumented claims about Mina, including a reference to an "illegal B&B."  Mike also funds the ocean “research” of D'Angelo's dive buddy, Terry Lilley. Bizarrely, D'Angelo raises a totally unrelated issue — the 1995 breach of the Hanalei River — by citing an October 2013 letter from Honolulu attorney Les Iczkovitz, who has represented Lilley. To complete the circle, the governor recently appointed Patsy Sheehan, Mike's business partner and ex-wife, to the Hawaiian Homes Commission.

Word has it that Mina was offered the “soft landing” of running the Office of Environmental Quality Control if she agreed to step down as PUC chair. But when Mina declined, Rep. Jessica Wooley was sent instead to the political version of Siberia and another way was found to tighten the screws on Mina.

The allegation apparently was not a concern when the governor appointed Mina as PUC chair in 2011, and a complaint that Circuit Judge Mike Wilson operates an illegal TVR on Oahu was brushed off during his Supreme Court nomination hearing.

I welcome the state cracking down on illegal vacation rentals in the conservation zone. But this smacks of selective enforcement — especially when landowners who have admitted to operating TVRs in the conservation zone at Haena are allowed to operate with impunity.

At least nine property owners told the county real property office they are operating TVRs in the conservation district, both at Makua (Tunnels) and the area just outside Haena State Park.

Among them are a $4 million property owned by Joe Paskal, a $5.5 million estate owned by the Nan Guslander Trust, a $4.2 million house owned by the kama`aina Rice family, a $5.5 million mansion owned by the KTK Family Limited Partnership of Honolulu, and a $2.3 million house that is one of the Haena beachfront lots still armored with sandbags that were installed under a one-year temporary permit back in 1997.

All of these properties are currently paying TVR tax rates to our county, even though they're in the conservation district, which prohibits such a use. But they, apparently, haven't incurred the wrath of the governor.

Dear Office of Conservation and Coastal Lands. I'm quite certain you already know about these violations, but please consider this blog post an official complaint against these properties, all of which are detailed in this document.

Meanwhile, the DLNR is properly outraged by the disgusting “Paradise Lost” article on Kalalau Valley published by Details.com. In it, Kelley McMillan wrote of going to the wilderness valley, which is managed by Office of State Parks, to “live among the Outlaws for 10 days.”

The state is pissed because the article “is an egregious misuse of a national publication,” according to an email from Curt Cottrell, assistant administrator in the Division of State Parks. What's more, “the author failed to utilize any of the accurate information provided by DSP staff and was issued a special one day permit for access in order to be at Kalalau to write the article."

DSP is “drafting an accurate response regarding the actual impact of non permitted campers on resources, authorized and compliant campers and the limited park infrastructure,” Cottrell wrote. But here's the capper:

DSP concurs about the article's lack of quality and glamorizing non-compliant behavior - and is preparing a Notice of Violation based on the admission in writing on the 10 day camping - but is not certain on the ability to impose any repercussions other than submit the "NOV" to the magazine publishers.

So the state isn't sure it can do anything when a national writer admits to illegally camping in the park for 10 days and writing an article that is sure to draw more people anxious to trade drugs for massages from topless women and party with Hollywood celebs around goat stew and a campfire.

But they'll fricking ream your ass if you're a kanaka like Ikaika Pratt, who camped in the valley without a permit in order to malama Hawaiian cultural sites. As I reported in the Honolulu Weekly, they dragged him all the way to the state Supreme Court on a illegal camping charge just to prove the state's interest in managing "its" parkland overrode Pratt's right to practice his traditional religion.

Oh yes, the state can act with a vengeance when it wants to take out the caretakers — and the governor's political foes. But the desecrators — and the politically favored  —get averted eyes, or at most, a slap on the wrist.

22 comments:

  1. It never ceases to amaze me how blatant and brazen the politics are here in the Aloha state!

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  2. when it's your turn, you just gotta bend over and take it like everyone else. its Mina's turn!!

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  3. 4 illegal structures and an illegal tvr operation that the DLNR knew about since 2008? Did Mina's being in the House of Representatives have anything to do with the lack of enforcement? Does the septic system keep the bacteria out of Hanalei River after the heavy rain?

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  4. First the Niihau grab then this hit against Mina. More evidence that William Aila is a total sleaze bag.

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  5. They waited to leak until Mina was on vacation out of the state so she's not here to defend herself.

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  6. Mina is a nice person and effective bureaucrat.
    However, she has had and the State and County have known of her (what no permit?) completely illegal structures. Forget the TVR activity, which to my knowledge has been in open activity since 1979 or so. The State shut down the dwellings on Fernandez/Cockett (Billy and Doctor) property, adjacent to Mina's, pertneer 34 years ago.
    Mina and Joann Yukimura and others of the Kauai political elite have been using the system to their advantage for years. Expediting subdivision permits, getting CPR sign offs, digging illegal unpermitted water lines - ad nauseum for family and friends.
    The reason more of the illegal preferential treatment by the INSIDERS does not surface is because the insiders know where the other insiders have buried their bodies.
    There are many business people who are aware of many activities regarding spot zoning, selective enforcement, tax audits and stalled permits perpetuated by insiders. These business people will not open their yaps, because they still do business on Kauai or their kids do.
    Sorry Mina, you are a good lady, and it is unfortunate you are now in a real life puka. You have spent your life stopping other people from building and operating legal businesses, thru constant government intrusions, now perhaps you will know what it feels like to be a regular person, instead of in the bizarre world of "oh it's OK for me and my friends, but not you. We are environmentalists and all you want to do is put rice in your bowl or put your kiddies thru college. That is greedy."
    It's always about money.
    The only Council people I know who have avoided the temptation to use their power for personal gain are Jay Furfaro, Mel Rapozo, Kagawa.
    A sorry state of affairs.

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  7. WOW, this is the kind of reporting I use to regularly admire about your writing, Joan.

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  8. Ross hasn't been in politics long enough and Mel, well forget Mel. He had a pretty comfortable set up with the Prosecutors Office when Shay was there that allowed him to get paid for his PI services while he was on the Council. Just a little too cozy with the PA.

    Mina has always been for the people which is why she's getting screwed by Abercrombie. Sheehan, of all people to make a complaint with his history in the Hanalei boating issue is a hypocrite.

    DLNR needs to be consistent across the board and go after those who blatantly ignore the law in conservation districts like those homes in Haena. Targeting Mina looks like nothing but political retribution. And lets face it, Aila is Abercrombie's puppet.

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  9. Cherry Picking?


    The only Council people I know who have avoided the temptation to use their power for personal gain are Jay Furfaro, Mel Rapozo, Kagawa.

    March 11, 2014 at 3:11 PM

    Was this suppose to be a JOKE?

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  10. Yup. Definitely info supplied by Sheehan and Lilley. You know why Sheehan is pissed -- he can't have his fun on his land, why can Mina? Not sure why Lilley has been trying to muck up Mina, but he's been trying for They've been trying to tie Mina into diverting water down there, and get someone to listen about her homes down there for years. The real reason no one touched her before? She was really tight with Sen. Inouye. Rumor has it that when Mamo Cummings ran against Mina for State Rep., Inouye made sure that Mamo lost her job shortly after she lost the election. It's Neil's party now.

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  11. You reported on her neighbors with illegal rentals but not on her? Doesn't that make your "reporting" targeted? If it was Iseri who was being outed by political enemies for having an illegal rental you would be piling on. An illegal rental is an illegal rental I would think. Why no outrage at this one Ms. Conrow?

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  12. Abuse Chronicles 21: Taro Patch Hale

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  13. Except I didn't report on any of her neighbors. The Abuse Chronicles focused on Haena and Wainiha, an area where I had access to extensive photographic documentation. I'm not making any excuses for Lance and Mina, and wrote that I welcome enforcement in the conservation district. But targeted enforcement, especially for political purposes, is wrong, as was underscored in Bynum vs Iseri, Miyake, COK.

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  14. Don't worry Mina. Just hire Randy Vitousek. He will drag enforcement out for years and then get you off like he did with the other conservation district vacation rentals.

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  15. DLNR has repeatedly tried to enforce against the Haena rentals, and has repeatedly been tied up in the courts by high-paid lawyers.

    These are all public records. A small amount of investigative reporting would have been more useful than creating some random conspiracy theory.

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  16. Yes, and I have written about those failed and blocked enforcement efforts, which is why I found it curious that Aila was threatening $15,000 daily fines and removal of all the structures. Or was he thinking Lance and Mina weren't likely to lawyer up?

    As for the conspiracy theory, how did Sheehan, whom I've now confirmed via an email thread did disseminate the info, get copies of DLNR reports before they were made public? And why?

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  17. The tvrs in Haena had permits for the structures. The GI article said that 4 structures were built without permits. That they stopped operating seems to be an acknowledgement that their tvrs were illegal. Political motivations may be driving DLNR but they should be fined and the area restored as a wetland.

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  18. Are the structures in Haena really as permitted? check your facts.

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  19. 6:28 is right. If it was Shay being outed on an illegal rental by Castillo, you wouldn't spend one second questioning his motives. You would gleefully pile on.

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  20. Is the DLNR wrong about the 4 structures not having permits?

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  21. Lance making stink about the pedestrian easement through the Omidyar project last year made him and Mina 8.5 billion enemies.

    Terry Lilley, Mike Sheehan and Tulsi Gabbard cruised Hanalei Bay some time ago "exposing" the bogus coral die off.
    Welcome the new State sanctioned environmental activists.
    Is a Kellet's Landing development that far off?

    Joann and John better be looking over their shoulders cause something may be gaining on them.

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  22. Lance making stink about the pedestrian easement through the Omidyar project last year made him and Mina 8.5 billion enemies.

    Terry Lilley, Mike Sheehan and Tulsi Gabbard cruised Hanalei Bay some time ago "exposing" the bogus coral die off.
    Welcome the new State sanctioned environmental activists.
    Is a Kellet's Landing development that far off?

    Joann and John better be looking over their shoulders cause something may be gaining on them.

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