Friday, April 24, 2015

Musings: Friday Flashbacks

It was a little disheartening to listen to the County Council's first reading of the proposed homestay/B&B bill because I kept getting flashbacks to the transient vacation rental (TVR) debacle.

As homestay operators and Realtors came before the Council, they made pretty much the same arguments as their TVR predecessors: We never knew we needed a permit; we don't need no stinking regulations; absolutely no caps on the total permits granted; we're not bothering anybody; everyone should be grandfathered in; it's a great way for the County to make money; it's the only way “local folks” can hold on to their houses, and the real capper — well, if you don't want them in residential neighborhoods, then just open up the ag lands.

When Councilman Ross Kagawa noted “Hanalei is gone” and “we haven't even solved the TVR thing,” after wondering why the county had waited until it had 320 cease and desist orders before dealing with the homestay issue, well, that pretty much says it all, doesn't it?

To his credit, Councilman Mason Chock said the county really needed to prepare itself, because AirBnB and VRBO were “coming like a freight train.” But he apparently does not realize that train is already in the station, with hundreds of property owners now using those sites to advertise their illegal TVRs/homestays/B&Bs on Kauai.

Per usual, the county is trying to close the barn door years after the cows got out and moseyed into the meadow.

Councilman Gary Hooser, meanwhile, was absent, even though he'd promised prospective voters, while seeking donations for another Council run, that homestays would be one of his top priorities. But he and his HAPA group have a hot date in Switzerland, and we already know that ranks higher than his dull old Council duties.

Eddi Henry, a retired mortgage banker who bought a house on ag land in Moloaa that she now operates as “curated lodging experience” known as The Palmwood, first played the sympathy card — “We're all retired senior citizens” — before claiming that TVRs and homestays “are completely different animals.”

Except, of course, the TVRs that converted to homestays so they could fly under the radar. Which is why some of us who have been following this issue for a long time are kind of skeptical, and why any TVR cited for illegal operations should be barred from applying for a homestay permit.

Nicki Pignoli, who has a B&B in Kilauea, brought up “the inequity” of the B&B/homestay ordinance, compared to the TVR ordinance, where folks were never issued cease and desist notices while the law was being written and then were “automatically grandfathered if they'd paid taxes.”

And how well did that work? The county was slammed with TVR applications, most of which failed to properly document they were entitled to the permit, and then Planning Director Ian Costa ended up signing off on mass approvals, which gave homeowners a valuable TVR certificate for the life of the property. Meanwhile, folks who actually had followed the law and never started a TVR were forever excluded from having one.

Then the Council made matters worse by allowing TVRs on ag land, while removing all the inspection requirements. Never mind that the North Shore ag lands were some of the best on the island, and now they've been gentrified and fenced off to the place where kanaka maoli are pretty much excluded, except as cleaners and yard boys.

Can the County Council possibly be considering making the same stupid mistakes with homestays/B&Bs as it again grapples with “finding the balance” between property owners who want to maximize their investments and citizens who want a real neighborhood?

Though The Garden Island printed only testimony from those opposed to regulations, Caren Diamond and Sam Lee — neither has a financial stake in the issue, and both have seen their Poipu and Wainiha neighborhoods commercialized with TVRs — made some very salient points.

Sam lives in a 58-home enclave where 27 of the houses have already converted to TVRs, prompting the county to consider turning the entire neighborhood into a Visitor Destination Area. While residents are receptive to B&Bs “in some settings under certain conditions,” he thinks a Class IV zoning permit should be required to ensure a public hearing and citizen review of homestay applications.

The community is especially adamant that the county cap the number of B&B/homestay permits granted, Sam said. “The industry has been unable to self-regulate, suggesting a limit of this kind is imperative.”

Caren, who witnessed the mess caused by the planning department's inability to handle the flood of TVR permits, supported a B&B cap as a way to ensure permit applications are properly processed. She also recommended the county impose a moratorium on B&B/homestay permits pending approval of a regulating ordinance.

If the county had done that during the TVR debate, more than half the TVRs that got permits wouldn't have been approved, she said. In any case, if the county now wants to allow B&Bs, then it needs to reduce the number of TVR permits. With Kauai hosting 1.25 million visitors annually, if all the tourists stay in residential neighborhoods, where will the residents live?

As Ross noted, hammering out the ordinance is going to be a long, painful process. A public hearing is set for May 19, and then the planning committee will take up the issue on May 27.

63 comments:

  1. What all those people essentially said was it's hard to grow anything on their agriculture lands and so much more lucrative to act like a resort.
    And um when we signed those farm dwelling agreements, um meaningless dribble.

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  2. So is ok for businesses to operate without permits but tvr and bnb need permit? My fren was telling me aura fitness no mo permits and da county let um go but other fitness owners gotta get permit like da wahine in Koloa. Yea maybe cuz da braddah local the county let um go but they like pick on us local haoles??? Eh county you know he no mo permit why he Neva stop operating yet

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  3. what AG will be left after Hoosier and Yukimura get through with USA? As for our homes, everyone I know is sick and tired of the council micromanaging our lives and property.
    And do not lump Diamond and Lee together. Sam is a valued, and well respected member of the community. Best State land manager we ever had.

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  4. ^^^^ohhhhhhh thats a discrimination lawsuit waiting to happen.or is that racist? Giving favor to a Hawaiian but charging the Haoles? Regardless the businesses are different, if this is true, just goes to show planning department not being fair. The good ol boys win again!!!!

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  5. Hmm, what should I be against today?

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  6. @1:51 - A lot of business/services need permits, but they call them licenses. It's the way government controls business supposedly for the benefit and safety of the citizenry. With land use, the term permit is customarily used.

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  7. Maybe they want put cell tower on Wai'ale'ale.

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  8. Law suits coming around the corner. Good thing MAD is having fun in Portland.

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  9. For Me.

    Its an honor to walk in the shadow of Caren Diamond.
    I appreciate your kind words.
    Aloha, Sam

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  10. Aloha Joan

    Thanks for the balanced look at the Council meeting this past Wednesday. The ordinance proposes a controlled compromise between the extremes of no permits and giving everyone a permit through grandfathering. Caren and I spoke in favor of the ordinance, changing our original no permit stance. If approved as written , the ordinance would open a path for some operators to acquire permits. Not surprisingly, testimony from users/realtors made it clear there was only one way. Using a variety of arguments, BnBers said they want no control, want no limits, want the cease and desist program to go away, etc. Kinda left me wondering why we bothered to support the ordinance.

    Anyway, I believe the Council understands the dynamics in play. The residents are willing to consider some BnBs. After all, The language of the zoning code gives residents first priority in determining what should or should not be allowed. We will ask the Council to to focus on this as they deliberate. To the user, none of this seems to matter; the fact they are illegal has no relevance.

    The council has a tough job ahead. The fair thing for them to do is not to ignore the needs of the residents, as happened with TVRs. This time, residents should have an equal or greater say in what is allowed where we live. We will press this with the Council.

    Recognize the residents, support he residential zoning Code.
    This is the fair thing to do. This is the right thing to do.

    Best to All,

    Sam

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  11. What's next, maybe grandfathering meth labs too? If the use is not permitted then it is illegal, period. Those testifying against the proposed ordinance are prostituting themselves for economic gain with arguments akin to differentiating between a "lie" and a "white lie". Bottom line is that running a homestay or B&B without a use permit is an illegal activity regardless of whether or not the Planning Department has elected to enforce this law in the past.

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  12. I think it is time for all parties in this debate to step back and take a deep breath. Now exhale slowly. What do you hear? HA, as in ALOOOOHA. Isn't that what Kauai is all about? So why so much trash talk? I think we can all agree that there is a serious shortage of not only long term rentals, but residential properties in general on Kauai, especially the North Shore. This has been true since my wife and I moved to Kauai. This is not the fault of those who short term rent a room or their whole property, whether they live here or not, no matter if it is legal or illegal, ag land or community, mauka or makai, TVA or not. It is simply because the County has not seen fit to plan for the fact that the good hard working citizens of Kauai need affordable, non-investment land to purchase for their home and future. Kauai has too much unused land to justify this. When we purchased our land 30 years ago, all that was available on the North Shore was ag and now 30 years later it is the same. The County continues to talk about classifying our ag land to preserve the best for future agriculture, which I believe we can all agree is extremely important, leaving the less fertile areas for development. Unfortunately, it seems to be all talk. Outlawing all short term rentals will do little to nothing to correct the real problem. If your heart is really into solving this dilemma, then let's all work together to correct the problem rather than putting a bandaid on it. The only solution is for the County to rezone some of our 1000's of acres of ag land into high density residential land. As long as the only land available for building is a 5 acre ag parcel, most people on Kauai will be priced out.

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  13. I find it interesting that no neighbors are ever asked about the impact on them when suddenly all around them these B&B and so called Homestays appear. When a company or developer wants to do something that requires a permit-there is public notice given to the neighborhood but NOT required for so called home stay and B&B. Who is investigating these owners who claim they are under the same roof when they own and run 2 to 3 B&B's or Homestay's or so called home vacation rentals in multiple locations? How is this fair to the community ?

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  14. No one knows what it's like to be the bad man behind blue eyes.

    Oh yeah, and stop having so many childen and development will stop.

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  15. Money, money, money. People want to turn their homes into commercial ventures, fine. Do it in the VDA. That's what the VDA is for. Don't make the "good hard working citizens of Kauai" compete for housing with investors who want to turn housing into profit centers. If you want to sell "aloha", do it where the zoning allows for it.

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  16. Aloha to you all:

    Good comments from the residents who posted here. Now we need you to come to the hearings and tell the Council how you feel. At the very least write a letter or send an email.

    Another poster connected our TVR/BnB issue to the battle over Maunakea, the sacred mountain.

    Think about this; your/my home is sacred. Aren't we willing to defend what is fundamentally our right? What is that, you ask? To live in a neighborhood where residents come first.

    Thoughtfully, Sam

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  17. Sam you are right. My home is sacred and that is why I cannot stomach the Kauai County Council deigning to tell me who I am allowed to let sleep inside of it.

    Respectfully, the sacredness of YOUR home does not extend to controlling who gets to sell in MY home.

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  18. "Sam you are right. My home is sacred and that is why I cannot stomach the Kauai County Council deigning to tell me who I am allowed to let sleep inside of it."

    Your free to let whoever you want to sleep in your home, however when you start charging and advertising, it is a different story. Zoning laws are in place for a reason.

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  19. "The reason why the rich is rich is because they work hard for their money, plain and simple." Well, sometimes. A lot of them inherited their money or got rich because they had friends in high places who helped them out in ways not available to the hard-working poor. And since they have more to protect than the rest of us, the rich can jolly well pay more to support the government that protects them.

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  20. 12:15

    You know exactly what Sam is talking about.. By saying the stupid stuff you say, you look stupid. Or do you even realize it?

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  21. so much misinformation being paraded. Anyone can have anyone sleep in their home or stay in their house, but when you charge and advertise on the internet, you cross the line into development.Zoning is nothing new.

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  22. Ya, that darn zoning thing.

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  23. Domity domity domity zoning disappeared

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  24. Amazing what happens.2 hard core girlz form the NS, one life long Government bureaucrat and a well read Blogger. Well spoken and finely crafted words from experts in the political game. Sam Lee, respectfully, you spent your entire life telling people what to do....now with this expertise you continue to rule..sit back and enjoy your fat government pension, provided, in part by the BnBs and ALL private businesses.
    TVRs are NOT Bnbs. Sam I know you want, like many of your government cronies do, to tell us who can sleep in our beds at night..For pay or no pay, my bedroom is my bedroom.
    Unless crafted very well, visiting schools, scientists, movie people, construction workers etc will have no place to legally stay and pay.
    Unless of course, everyone makes a 6 month plus one day long term lease, collect however many days the visitor will stay, and put in a provision that the Lease may be broken at any time with no penalty. Manini meanderings by a bunch of people who want to control your property rights.
    BnBs have been in open use for decades. No problem. Now selective enforcement, by a civil branch that works like they are a true Police power.
    Howza about the hundreds of building/health violations in Hanamaulu? Nope...too many voters. Most of these BnB people are just a bunch of f*ng Haoles anyway. So what.

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  25. While the comments of Mr Lee and Mr Anonymous may sound good and really get your juices flowing, they all are directed at the wrong people. While I agree that there is a need for common sense regulation of short term rentals, there is a vastly greater need for affordable housing. Eliminating all short term rentals outside of VDA's will do nothing to correct the situation. You can gripe, complain, talk trash about people that know little about, but until you direct your energy towards actually solving the real problem, then all you are doing farting into the wind. It may make you feel better, but doesn't solve a thing. There are two major issues on Kauai, lack of affordable housing and lack of adequate roads. The County has had it's head in the sand for many years concerning both issues and uses controversies such as this one as a smoke screen to deflect attention away from their inability or lack of desire to resolve either issue. How can it be that on our island there are tens of thousands of acres of unused ag land, plenty of which is better suited to housing than farming, that could be rezoned for non-investment local residential housing, but there is no talk, effort or apparently the desire by the County to correct the situation? So, we can continue to hurl insults and accusations and point fingers or we can acknowledge the true cause of the housing shortage and put pressure on the County to get off of their okoles and create a housing and business plan, are they not the planning department?, on Kauai that supports our local citizens and not their corporate lords that rule the TVA's. Not every visitor coming to Kauai wants to stay at a Disneyland complex and not every home owner that short term rents is a nuisance. Oh, you know that when you point a finger at someone, there are three pointing back at you. Aloha

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  26. My neighbor sells junk on eBay from her house. She needs to be fined $1,000 per day too. She is running home based business in violation of the zoning codes and its on the internet. She is using her extra bedroom to do it and a local could be living in there. She is ruining our neighborhoods. Making us all pay higher rent.



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  27. Plenty of people run their business out of their homes. They are all "illegal". Selective prosecution is wrong . Also it is not responsibility of the Government to create housing !!!! It is their responsibilty to create and maintain roads. The fact of the matter is......they are not good at much.

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  28. Home business is allowed, now if those customers come to pick up the merchandise there is an issue, but don't change the subject to make it absurd.

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  29. The. Council also passed a resolution confirming that homestays are not the same as home businesses.

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  30. I got it. I can be a pimp....but not a host

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  31. The issue is Homestays, remember? U guys are all over the map. Stay focused or shut up. The ordinance allows for home stays, so what you grumbling about?

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  32. You think you above the law? Read your cease and desist and dream on.

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  33. Most of the locals on this island are racist. If they know it or not it's been bred into them. The old boys in government cater to them. They are the majority. As many have pointed out here this whole tvr/bb/homestay thing is just a reflection of these long held beliefs. I have seen it in my 45 years here. Not much has changed. This inept bunch in government are like some old tired joke. They have no sense of fairness nor do they have any intelligence to speak of. It is reflected every single day in the decisions being made on our behalf by fools. There is absolutely no common sense being used. The problems on this island will never be solved as it stands now. This is a third rate third world government here on Kauai. And the police department is so corrupt it's also a joke. It will change when people stand up and are counted to let them know we won't tolerate it any more. Unfortunately there are too many relatives of the aunties and uncles of the guys in jail and in government. They are the voters that keep them coming back out od racism, old boy mentality or just plain ignorance. You know like a bunch of the knuckleheads in her with nothing better to do than bitch and moan. This blog is racist. The subject matter is racist. And Joan caters to her little, i say little, cadre (look it up ) of racists. How about going for say the ice problem. Or say the other side of the argument. Try that Joan. The only caucasians I see championing tvr closures are loosers. People with nothing more to do. The housing problem has been caused by the rise of real estate values, which you fools aren't going to stop by your manini ways. The county's genius' are just taxing the rich and doing whatever they can to shore up the mess they make at the county level. Yeah lets cut every albesia tree around Kilauea for 18 months. This government is flat out down on the north shore. Period. You all can bitch and moan but you all, including myself, are responsible for voting these fools in.

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  34. There you go; git-en all riled up about Hanamalu and the f* ken haole thing. Remember what the doctor said-if you git too overwrought, yer gonna pee yer pants again. So, sit down, close yer eyes and relax. Its gonna be OoooK.

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  35. To Robert:

    I read the broad view of what you think our County should be doing. I agree there is a need for affordable housing but i don't recall making a connection between the lack of affordable housing and TVAs. What I am concerned about is the uncontrolled spread of unpermitted TVAs across our island, especially, within Residential areas where the law says they do not belong. Considering there are hundreds, perhaps thousands of these, many of them without permits and therefore illegal, for me is a major problem. How does one justify breaking the law?
    Frankly the vacation rental business is out of control with no indication that it is interested with regulating itself. As a consequence, the County has had to finally step in. Which for the residents is a good thing. Enforcement is long overdue, is appropriate and necessary under the circumstances.
    We both know what Residential Zoning was set up to provide. Its spelled out in the CZO. Contrary to what others may feel, I do not agree that my neighborhood or any other, should be surrendered to another no limit invasion of TVAs.

    Pensively, Sam

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  36. It may not be the County's responsibility to create housing, but it is the County responsibility to zone land for our growth. That's what planning is all about. How where the VDA's created? Ag land was rezoned so that resorts could be built in the most desirable parts of the island. Ag land can just as easily be rezoned into residential. An acre of ag land can become four lots suitable for someone who lives and works hard to survive on Kauai. Isn't that what's needed? Why should hard working locals have to be satisfied with someone else's spare room. As long as the only land available is zoned ag, only the wealthy will be able to buy in. If your frustration is over the lack of housing, then blame the County for doing nothing.

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  37. Whew

    Who is this guy with the racist diatribe? Stop and take a look at yourself in the mirror, shithead.

    Maybe its time for your medicine and a nap.

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  38. The State Land Use Law (Chapter 205, Hawai`i Revised Statutes) was adopted in 1961, establishing a framework of land use management and regulation in which all lands in the State of Hawai`i are classified into one of four land use districts. To administer the Land Use Law the State Legislature established the Land Use Commission composed of nine members, who are appointed by the Governor and confirmed by the State Senate.

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  39. AGRICULTURAL DISTRICT

    The Agricultural District includes lands for the cultivation of crops, aquaculture, raising livestock, wind energy facility, timber cultivation, agriculture-support activities (i.e., mills, employee quarters, etc.) and land with significant potential for agriculture uses. Golf courses and golf-related activities may also by included in this district, provided the land is not in the highest productivity categories (A or B) of the Land Study Bureau’s detailed classification system.

    Uses permitted in the highest productivity agricultural categories are governed by statute. Uses in the lower-productivity categories – C, D, E or U – are established by the Commission and include those allowed on A or B lands as well as those stated under Section 205-4.5, Hawaii Revised Statutes.

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  40. Housing for the working people is the issue.
    Every rule, influence and idea JoAnn, Gary and now, Mason have inserted will make the cost go up.
    Affordable? A joke. Water meter 20K, sidewalks, tree lined streets, curbs and sidewalks add 25K....45K per lot before Plans, Lot development and LOT purchase etc....then add a year at Planning, a year at council and another year for general County horsehit...and you will find that JoAnn/Gary's rules have added close to 60,000 per lot. Plus the fear and loathing that any builder has if they have to go thru the Mike Dahlig "Administrative Directives", Mike's Personal Panning Commission and Mikes Planning Department...There is no honor. There are no houses and before you turn around this County and JoAnn will make the "add-ons" an extra 100,000 per lot.
    It isn't about BnBs. it is about housing. Rents at 2000 plus, crackerbox houses at 500,000 ....poke my eye out with the 2,000,000 Joann sold her personal development Ag Cpr in Kalihiwai...hypocrisy, elitism and entitlement in action.
    Nothing will be get better until the County works with landowners and helps streamline house lots and get the JoAnn/Hooser BS Carmel-Malibu effete designs out of Kauai. Good clean, well lit houses are what we need.

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  41. It is time for you and yours to grow up !!! If you ca not afford to live on Kauai....sorry.....you should leave . It does not matter if you and your parents were born here. Life is tough all over . The price of real estate is reality. Stop blaming others....they do not care.....take rsponsibility for your inability to compete with others.

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  42. 4:44 Troll or what? If something happened and the island is without water or electricity for any length of time, you'll be glad if you know someone born and raised here.

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  43. And why exactly would that be 10:57?

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  44. Put this up. Yeah Gary Hoosier is derelict in his duties and only has his own political agenda in mind traveling to Switzerland with occasional sane responses and attitudes. Try a positive spin instead you your tired old negative nonsense. Most of these "conversations" are racist rants by unhappy frustrated people. The vacation rentals did not cause a housing shortage. Gary Hooser is not a selfish politician only about his ambitions. There's another side to your own rants. Unbiased, non inflamitory and not racially motivated. Most of you who are blaming it all on the haoles from the north shore are delusional angry people. The lines were so obvious during the gmo "discussuins" and the lines were drawn racially basically. The bottom line is that these highly dangerous chemicals are being loaded into our soil and air by people from another country far from their own homes. You want to live next to those fields Joan? How about a reasoned out answer to that please. I'd rather see Hooser in Switzerland than partaking in the nonsense he has to deal with here on the council and by people like you attacking him incessantly. Our government here is corrupt and third world. The police department is absolutely corrupt. How about going after them ?

    https://www.youtube.com/watch?v=cdZxGDl87Zw&feature=youtu.be

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  45. You sound like the racist one to me, 11:15. But I will be responding to Gary's Swiss schtick tomorrow, so stay tuned!

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  46. Why would we want someone born and raised here if the power went out?? Huh?

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  47. 9:27 and 11:41 you're going to rely on your B & B just off the jet neighbors to help you out when the food in your refrigerator is rotten or you need help with another emergency in the aftermath of a hurricane?

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  48. 2:49 please learn the english language Then try posting on a blog

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  49. 4:02 It's the "English" language. If you're one of the grammar police, you should arrest yourself or take out your pen and stick it in your ear until you hit your brain. I'd imagine that it's the size of a pea and the search will keep you occupied until the next century.

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  50. Capilzation is the problem with the post ?

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  51. No, ignorance and maybe a little stupidity is the problem.

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  52. What the hell is wrong with you people?

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  53. This pretty much sums it up.....From the GI today

    "While I agree that there is a need for common sense regulation of short-term rentals, there is a vastly greater need for affordable housing.
    You can gripe, complain and talk trash about people that you know little about, but until you direct your energy toward actually solving the real problem, then all you are doing is farting into the wind. It may make you feel better, but doesn’t solve a thing.
    There are two major issues on Kauai, lack of affordable housing and lack of adequate roads. The county has had its head in the sand for many years concerning both issues and uses controversies such as this one as a smoke screen to deflect attention away from their inability or lack of desire to resolve either issue. How can it be that on our island there are tens of thousands of acres of unused ag land, plenty of which is better suited to housing than farming, that could be rezoned for non-investment local residential housing, but there is no talk, effort or apparently the desire by the county to correct the situation?
    So, we can continue to hurl insults and accusations and point fingers or we can acknowledge the true cause of the housing shortage and put pressure on the county to get off of their okoles and create a housing and business plan for Kauai. Are they not the planning department that supports our local citizens and not the county’s corporate lords that rule the TVRs? Not every visitor coming to Kauai wants to stay at a Disneyland complex and not every home owner that short term rents is a nuisance.
    Oh, you know that when you point a finger at someone, there are three pointing back at you." Most of you in here won't understand that last sentence. Go figure...

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  54. To April 27, 2015 at 7:28 AM

    I'm sorry that I said something that appeared to be racist. I truly apologize from the bottom of my heart, because I did not mean to be racist in anyway. Maybe it was the word affordable in referring to property. What I meant by that was not low cost subsidized housing, which is certainly needed, but good quality residential land that is affordable to the general population on Kauai. Maybe it was the mentioning of quarter acre lot size. I really don't care what size the lot might be nor do I believe that being a "local" should in any way limit what is available for purchase. My point is that there few if any residentially zoned lots of any size available for purchase by anyone. I used the quarter acre size because it would not be desirable to the "wealthy" haoles that many believe are the root of the problem. This thread is about "homestays", "farm stays" and B&B's, so I will again say that these types of visitor accommodations can if properly and fairly regulated be compatible with residential and agricultural settings, are beneficial to the local economy and are desired by those that visit Kauai with an appreciation of the social and environmental beauty that surrounds us. Again, I apologize if I offended you, it was not my intention. I hope that we can all work together to resolve our differences and create more equatable living conditions for all who call Kauai home. With Aloha

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  55. Oh, so it's all about the tourists and where they want to stay. We already have zoning for "non-investment local residential housing" but some people ignore the distinction between VDA and non-VDA lands and think that because some tourists like it and will pay for it, it's a good thing. Nothing like greed to cause people to break the law.

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  56. So, Mr. Wolaver. Do you own a non permitted, TVA?

    When you say, " if properly regulated, they could be compatible with residential or agricultural settings,"

    Compatible? Have you spoken with your neighbors about how they feel about your business; or is compatibility a one sided view?

    Read the Garden Island article about the pro-homestay audiences' reaction to the first reading of the ordinance; then repeat what you just said ; "if properly regulated".

    Testimony from the homestayers was unanimously against the ordinance. In other words no control, no limits, no regulation.

    That ain't gonna fly.

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  57. So, Mr. Wolaver. Do you own a non permitted, TVA?

    When you say, " if properly regulated, they could be compatible with residential or agricultural settings,"

    Compatible? Have you spoken with your neighbors about how they feel about your business; or is compatibility a one sided view?

    Read the Garden Island article about the pro-homestay audiences' reaction to the first reading of the ordinance; then repeat what you just said ; "if properly regulated".

    Testimony from the homestayers was unanimously against the ordinance. In other words no control, no limits, no regulation.

    That ain't gonna fly.

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  58. Mr. Wolaver.

    You either have a permit, in which case, welcome. If you don't, goodbye. All the other stuff is bubbles.

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  59. Mr. Wolaver.

    You either have a permit, in which case, welcome. If you don't, goodbye. All the other stuff is bubbles.

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  60. I'm reading this and scratching my head. Why is the Council agonizing over finding a balance between residents who simply want to live in their homes and those who operate illegal rentals?

    Whats to agonize? The guys renting are illegal. So why does the Council need to make nice to them? What about making nice to the residents and close the other guys down? Stop interfering. Let the Planning Department finish what they started.

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  61. Has anyone noticed someone buying up all the land on Hanalei Bay. They gonna turn it into the Hawaii Hamptons for celebs only. Why is no one mad at Hanalei Land Company…only pick on Haole's. They just sold two 3 bedroom homes for 9.5 million each. Hanalei Land Company founded by Spencer Wilcox in 1903 and now his 6th generation descendants continue the tradition of stewardship that he began. Howz that? By renting 3 bedroom homes for $1500 per night and blocking off access to half a mile of beach in Hanalei. Yet everyone is in an uproar over someone renting Ag land. Kauai Vacation Rentals…how many homes Lucy got on Hanalei Bay…10, 15…maybe more. Then they petition the representatives to block individual owners from renting their own homes. How is that proper? Why always target the little fish when the whales are pretending to be stewards. It's already a self fulfilling prophecy. For some, in order to afford AG at current prices, they need to subsidize with rental income. What came first…the chicken or the egg. So instead of being selective, we need to focus on consistency so that things can be regulated properly. It's hard to justify telling a homeowner that sits between two TVR's that he can't rent his because he made a mistake in his filing or didn't use one of the zoning boards "Respected Attorneys". Just another Joan Conrow WITCH HUNT…ruining lives and hurting families. This is not a zero sum situation. As you try to help, you also hurt and never seem to look back at those you have affected, some of which are dam good people. On to the next blog and attack. There are about 70 thousand residents on Kauai. Who will be the next target?

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  62. Don't blame me for this mess. I've shone the light on big and little fish alike. And I've repeatedly spoken out about how unfair it is that the folks who were operating illegally got rewarded with permits while those who hadn't been doing TVRs got aced out of the process.

    Try look at the government officials who are allowing this to happen, and your friends, neighbors and relatives who are participating, rather than scream at me because I refuse to keep sweeping the dirt back under the carpet.

    And at least I stand behind my words rather than level attacks under cover of anonymity like you.

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  63. Its the deflection thing again, Joan.

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