Thursday, November 20, 2014

Musings: One-Two Punch

The Kauai County Council inflicted blows on agriculture and coastal preservation yesterday, passing one bill to hike property taxes for those who grow GMO crops, and another that makes it easier to develop along rocky shorelines.

Overall, it was a disappointing final meeting for this Council, which will seat two new members next month. But there was one bright note: we will no longer have to endure Jay Furfaro and Tim Bynum, both of whom thankfully lost their re-election bids.

The Council first approved a shoreline setback bill that exempts rocky shorelines and coastal bluffs from setback requirements. The action green-lights development in all the wrong places, like hazardous cliffs and coastal bluffs. Councilman Mason Chock was a staunch opponent.

The Council then went on to pass Bynum's “agronomics” bill, which would make Kauai the first county in Hawaii, and possibly the nation, to use lease rents, rather than market value, to assess tax rates. Councilman Ross Kagawa, who joined Mel Rapozo in voting against the bill, finds that prospect worrisome.

We tried to break new ground with 2491 and we lost,” he said, referencing the GMO/pesticide regulatory bill that was challenged by the seed companies and overturned by a federal judge. “I'm fearful of potential problems when you break new ground such as this.”

Ross said another lawsuit from the seed companies is likely. “Of course they're going to challenge a higher real property tax bill.”

The bill also impacts small farmers and ranchers who sublease land from the seed companies to grow diversified food crops and animal feed when the seed fields are fallow.

Those sub-lessees, as well as small farmers who grow GMO crops, likely will see higher costs because the bill affects parcels used for biotech research or cultivation in any part of the year, under an amendment proposed by Councilwoman JoAnn Yukimura.

Though JoAnn denied the bill will affect small farmers who grow GMO crops, such as corn and papaya, both Mel and Grove Farm Vice President Mike Tresler disagreed.

The small farmer who grows GMOs is going to pay higher taxes because they grow GMOs,” Mike,  a former county finance director, said to JoAnn. “You're shaking your head, but how can you tell me that isn't so? I can't tell from looking at this bill.”

Mel said the bill addresses crops regulated by the federal government, which includes all biotech seed. "I don't believe so," JoAnn replied.

But if you look at her amendment, it specifies crops regulated by federal government and whose DNA has been manipulated through genetic engineering to introduce new traits. Sure sounds like GMO corn and papaya to me.

Mike said he has been working with the seed companies to encourage them to cooperate with farmers and ranchers to grow cover crops and food crops when the seed fields are fallow, as they are much of the year.

We want to encourage them to continue that practice but if you tax them at this GMO rate it doesn't encourage that,” he said. “You're trying to single out the seed corn industry and I think the public has spoken on that issue pretty clearly.”

He was referencing the November election, in which anti-GMO candidates, including Bynum, fared poorly, while Mel and Ross, who opposed Bill 2491, were re-elected by a landslide.

Tom Shigemoto of A&B Properties said the ag bill is poorly written and will be difficult to implement. He also felt it was improper to require landowners to give the county proprietary information about lease rates.

JoAnn seems to believe the bill will actually help diversified farmers, who she said can't compete with the biotech companies, which are willing to higher lease rents.

But Tom vehemently disagreed. “I object because this doesn't help ag. Period.”

I think this is worth a try,” JoAnn said. “I hope it will make our laws better and not really hurt our biotech ag.”

It's worth a try?” Mel echoed. “That's not we do here. We don't do trial and error here.”

Mike said the seed companies pay good wages and also maintain infrastructure that benefits small farmers.

So we're going to punish them,” Mel said. “I see no justification.”

Both Bynum and Gary Hooser, as well as anti-GMO activists, have repeatedly claimed the seed companies only engage in experimentation here, and grow nothing for export. But Mike said that isn't true. “Actually, they do produce a product for sale,” he said, asking why the seed companies aren't considered diversified agriculture.

Mike also questioned how the Council could legitimately differentiate between farmers who grow a product for direct sale to consumers and those who grow a product that is processed in a mill and made into food that is sold to consumers.

Ross said the Council should have spent more time researching the bill and its legal ramifications, as well as unforeseen consequences, such as what will happen to housing occupied by former sugar workers if the seed companies pull out. 

But he said there are two options left: Mayor Bernard Carvalho Jr. could veto the bill, and “perhaps a new council can re-look at this bill and see if it's in the best interest of our taxpayers.”

The vote on the ag bill was 4-2, with Jay not present and Mel and Ross opposed. On the shoreline setback bill, the vote was 5-2, with Mason and Gary opposed.

32 comments:

l.nebre said...

yet again, county council disappoints.

Anonymous said...

...and as if to add insult to injury, having to endure the self-congratulatory BS at the beginning of the Council meeting! That should really be done outside of an already much too long council meeting! I mean: you were not "drafted" into this position, so why expect any "pat on the back" for doing the job you were elected to do?
At least, we will no longer be subject to Fufaro's pontificating. Too bad it wasn't Yukimura's aloha performance as well: her pointless questions are nauseating, and I get really tired of her treating voters as her "students". Retire already, and give someone else a chance on the council! One would almost think that your "explanation" of the setback amendment was meant to be confusing to the observer, not to mention "vague". And Chock's explanation of why there is no "rock climbing" on Kauai was just common sense! I mean, really, Mr. Kagawa, how you do think "rocky shorelines" got that way? Think there may be a chance that an Alaska generated Tsunami could "undermine" any of the " Costal bluffs" and "rocky shorelines"? It's happened in the recent geologic past, for sure. Was the point of revising the setback for safety of life and property, or just to "entitle" more developers to exemptions they will surely get their legal departments to secure. Makes all council members look like a bunch of maroons!

Anonymous said...

Anti GMO didn't do horribly on election day. Mason and Gary. I think Tim sunk more because of TVR's on AG. Mel and Ross? They were the only ones the"old guard" had to vote for. Darryl and big boy haven't really put in there time with the establishment to get a free ride. The youngster is the old guards new kid on the block.
Kupukai getting fourth is a sign of a pretty diverse voting population.
So I think all this bull shit about "the people have spoke" is really a little cocky... or a lot cocky. It was all over the place... and not heading in the direction of the "establishment".
I bet 15 years ago, it would have been the 6 block (Mel guys) and one progressive. Now its pretty chop sui.. So I would take warning, the island is changing. It seems the people have spoke, and the "Anti's" are closing in.

Anonymous said...

I guess the Council just won't learn. When you are in a fight and you get a bloody nose, you don't go stand in the front to take another punch. You got to admit they are bold. but it won't matter, the Mayor will veto that bill and it won't get the override vote. How's that for a nice parting gift for Bynum.

Anonymous said...

Pretty sad the council doesn't see the logic in protecting rocky shorelines. Large developments will happen inevitably, why not make them be adequately set back. Rocky shorelines are no less hazardous than others.

Anonymous said...

But he said there are two options left: Mayor Bernard Carvalho Jr. could veto the bill, and “perhaps a new council can re-look at this bill and see if it's in the best interest of our taxpayers

Ditto for the erosion of the shoreline setback ordinance passed yesterday.

Anonymous said...

You keep thinking are they bozos at the council?

Anonymous said...

That council with Jay as the chair was one of the worse in history. But yesterday showed they all are playing games. Lots of pandering, first knock out Agriculture, and wam allow structures and subdivisions on rocky shorelines to get a free pass for quick and easy development. Sounds a bit prefabricated.

Anonymous said...

All you idiots this is a shoreline setback bill for erodible shorelines, duh. You fricken northshore idiots, think you so much smarter and more caring than anyone else. Shut the hell up. Move back to the damn mainland.

Anonymous said...

GMO Papayas grown in Hawaii for sale in the market are not regulated by the federal government. "Regulated gmo crops" mean crops that are not approved for human consumption. Once they are approved, then they are deregulated. The only impacted crops are the experimental regulated crops.

Anonymous said...

Denial is not a river in egypt

Anonymous said...

1:07 rudy, there is more than erosion in configuring shoreline setbacks, did you ever hear of 205A, the enabling legislation?

Anonymous said...

10:37 Yep, the island is changing. Used to be the big mouth Haoles moved here for a few years and went back home. Now they are staying.
The Mayor, hopefully will VETO the anti-Ag Bill. The County has no right to know the amount a Lessee pays. This is private information.
Tim's parting shot was to place a bad law Bill on the Mayor's table. Please veto this, Mr. Mayor.
Speaking of the Mayor, remember back when he stood in the rotunda of the Round Building and tried to explain his reasons for vetoing 2491? His patience and compassion were startling. He was trying to talk for over 15 minutes. The shrieking Fistees with arm's flailing and fingers pointing would not allow him to speak. Andrea's father, Rob Brower was one of the more zealous actors. Our Mayor withstood this disrespect calmly. Finally he said his good words and answered many disrespectful questions. Our mayor maintained his respectful and truthful actions thru out the turmoil. He continues to prove himself a real leader.
The whole political situation has gotten out of hand, there is no respect.
This anti-Ag bill is Tim's last quaif. A smarmy, probably illegal last slap at Ag. And of course JoAnn, Mason and Gary approved it. There is no end to what these 4 will do to destroy Ag on Kauai.
A bad Bill, veto it, Please...Shucks Mayor, just Veto it to give Timmy a little send off. Aloha Tim, thank you for the million dollar rice cooker, Ag TVRs, pencil throwing and especially for the incredibly bad way you treated your County Council Chamber employees....All of the Chamber employees are happy Tim is gone. And is me.

Anonymous said...

@7:01 - quaif? More like queef

Anonymous said...

Sorry 1:07, but I think you deserve the idiot title...this bill is for ALL shorelines on Kauai, they were only adding in erosion data, which rocky shorelines were not done in the erosion study. However, although erosion studies were not done of rocky shorelines, they are by no means exempt from the multitude of hazards other coastal areas face, including erosion. The scientific studies may not have included rocky shores, but they are no less hazardous and should be protected and houses set back, however the council took this opportunity to weaken the original shoreline bill and allow development a mere 60 feet from rocky shores, instead of the previous 100 feet required in the law.

Anonymous said...

It is not really unrelated that the council paves the way for development as it ends the ability for agriculture lands to stay in ag.

Anonymous said...

Sure wish the whole council was retired, them is a cocky bunch.

Anonymous said...

Let's hope the Happy Dance in the Council Chambers on Wednesday is the last gasp of the derelict committee chairs for the "economic development committees"- one for each, no less- and that a newly reorganized Council plucks gh from his roost in one of them and puts him in charge of a new "Committee for Pandering to the Arcane Interests of the North Shore and Certain Mainland NGO's". That way the remainder of the Council can put themselves to the grindstone of government and let him wander among the Twittering airheads and disaffected Youtubers to his heart's content without gumming up the works with stagy distractions.

Anonymous said...

7:53 And you sound like such a sweetie? Barf

Anonymous said...

How could seed fields not be diversified ag? That makes no sense.

Anonymous said...

Two wishes:

1. Rapozo for Council Chair -- keeping Yukimura from her usual babbling.

2. Carvalho slamming last week's ag and setback bills with a strong veto.

Anonymous said...

6:28 Amen...Many hope so.

Anonymous said...

6:28 Amen...Many hope so. Yeah, me too, they made the Ag bill for one , the seed corn industry, and the setback bill to benefit one, Omidiyar. Both should be vetoed.

Anonymous said...

Power corrupts, add money and you too can despoil the most beautiful places on earth with the blessing of our council.

Anonymous said...

Any idea on campaign contributions from Omidiyar and associates to our council?

Anonymous said...

Tim Bynum tried to get rid of the shoreline exemption but only Gary Hooser and Mason Chock supported him.

Joan Conrow said...

But then Tim went ahead and voted for it.

Anonymous said...

It's ok for Rapozo to babble on for days but JoAnn can't? I remember how Kouchi would roll his eyes when Mel would go off on a tangent. Maybe its ok cause he's a guy huh? Male dominated council not so balanced.

Anonymous said...

10:34 Tim who? Oh you mean the guy that sued the County? Yea, I like him, we are going to sue the County too. Easy money. If a Council person can sue, we all can sue. The pothole threw my steering off, the Building inspector doesn't like me so he wouldn't sign of, I'll sue'em. The planning dept. takes too long on my permits, I'll sue'em.
Sue for every thing...and that Property Assessor don't like fat people, he gave me a high tax, so I go'in sue them.
Wallmart has a sale on rice cookers, I better go buy one right now....

Anonymous said...

Mel and Ross voted for the exemption.

Anonymous said...

Pathetic that Mel and Ross voted for the exemption .

Anonymous said...

Mel and Ross voted for the exemption. What? hey guys could you explain, thought you guys were for the people?