Friday, September 18, 2009


IT’S NOT A TURD- IT’S OUR LIVELIHOOD: It’s been nothing short of nauseating to watch the way the western-settler, fat-cat, gentlemen-farmers have screwed any chance of an agriculturally successful future and thus rural island culture for the island by spewing their sense of false entitlement in front of the council and planning commission as they whine and snivel that they should be allowed to violate the state law banning vacation rentals on ag land.

Yet who can blame them for taking advantage of scofflaws like Councilperson Jay Furfaro who introduced the bill to somehow make the illegal legal and once-and-we-hope-not-future Councilperson JoAnn Yukimura who drew up the bill?

We still haven’t seen the cablecast of this week’s disgusting installment of “Screw the Public” (aka Furfaro’s Council Planning Committee meeting) due to the usual Ho`ike incompetence and catch-22 runaround – somehow apparently the captioning wasn’t done at the meeting and is being done now by Ho`ike although the only one who can say exactly what the heck is going on and when it might be on is the always out-of-the-office and incommunicado J Robertson... who in the middle of this mess took Friday off and is, as usual, unreachable until Monday, if then.

But thus far no one that we’ve caught at any meeting considering the bill – either at the planning commission or council- has mentioned that state law- HRS 205- specifically bans overnight accommodations for tourism related ag activities, which former Councilperson Mel Rapozo pointed out and later, at our urging, posted on his new “Straight From the Spleen- er, Heart” blog that replaces his now deleted Kaua`i Politics entry that disappeared after he lost the mayoral election in 2008.

It reads in pertinent part:

(b) Within agricultural districts, uses compatible to the activities described in section 205‑2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205‑2 and 205‑4.5 may be further defined by each county by zoning ordinance. Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165‑2; provided that agricultural tourism activities shall not be permissible in the absence of a bona fide farming operation. Ordinances shall include but not be limited to:...

(2) Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;

That’s why the bill originally called for “non-enforcement agreements” even though the bill didn’t mention what was not being enforced in an hilarious-if-it-weren’t-so-asinine provision that had to be changed because the lobbyists and lawyers couldn’t ask for it without doubling over with laughter.

It’s hard to say who the worst jerkwad- or wads- in all this is/are. But when you look at the ag VCR owners who testify it’s hard not to start by blaming them for their own so-called predicament.

After flying in from LA on their magic wallets and cutting up most of the non-subdividable prime ag lots for their luxury homes driving prices for ag land beyond all farming business viability, they now are all suddenly “po' workin’ folk” who regurgitate-on-cue this “oh pity me- and in this bad economy no less- I’ll lose my land if I can’t have my illegal vacation rental- nooo oooone ever toooold meeeee” and similar drivel that just makes you want to scream.

Apparently if you have been illegally running, oh let’s say a drug ring and the cops failed to bust you then we need to let you keep up your trade because it feeds your family or some other irrelevant bullshit.

Next thing you know we’ll be grandfathering in all those who have been breaking into tourist’s cars – we have certainly not been enforcing that law either as the guy who, it was reported this week, has been arrested 74 times and is still on the loose can testify.

But worse is that we haven’t even heard a peep out of any councilperson challenging these chuckleheads as they file before them and blame everyone but themselves after they bought their land presumably with the required full disclosure so knowing full well what the rules were.

Of course the same goes for some of the requests for farm worker housing- or some who even want to put their own house on land they bought on the cheap precisely because it came without any “density” to build a house- and even the ones who, like Councilperson Tim Bynum, live on an “ag condo” so have apparently been violating the law requiring houses on ag land to be “farm dwellings” and so presumably have some nexus to a farming operation other than a mango tree in the yard.

Actually before any of these bills, as the law cited above says, what the county needs to do is to enact an ag tourism bill although even then state law specifically bans overnight accommodations in any ag tourism venture.

But instead of fulfilling that state mandate we’re the first to identify “unimportant” ag lands so we can sell of the rest of our agricultural capability to the next California cretin.

Oh and of course there’s plenty of blame left over for the local newspaper which so far has yet to quote HRS 205’s provision banning overnight tourist accommodations on ag land in the half dozen articles on the bill.

And in case anyone forgets, ALL TVRs outside the designated Visitor Destination Areas, no matter what the zoning, are and always were (since 1976) illegal no matter what Yukimura said and did in trying to make the existing ones legal by grandfathering them in rather than redoubling enforcement efforts.

But then of course the county is noted if not famously persistent for fixing what they don’t like under state law or our charter with an illegal ordinance as in the case we cited Wednesday.

Finally all this couldn’t be done without the complicity of the Planning Commission and Planning Director Ian Costa- along with his hand picked staff of sycophants- whose incompetence and out-and-out corruption has been well documented in this and other spaces.

But apparently this bill trying to make the illegal legal is sailing right along because the last person to blame- all the members of the public- have sat on their thumbs and let the stream of asshole gentleman farmers trying to cash in on the stumblebums in county government, to dominate testimony on the bill.

With once again apologies to Casey Stengle, can’t anyone here play this game?


Anon333 said...


Ag is dead here. The stumblebums have figured out that construction work is better than no work. Unless you've got a free check from somewhere.

Observer said...

Furfaro's a fake.