Aloha,

 

August started out with news that Kauai's "top cop" has thrown his hat, baton and badge into the ring for the position of Chief of Police in Honolulu.  Per the August 1st Garden Island newspaper article, "Kaua‘i Police Department Chief Darryl Perry said Friday he has applied for the Honolulu Police Department’s chief position, and intends to accept the position if it is offered to him.  Perry said via e-mail Friday that if he accepts the HPD position, his understanding is that his current three-year KPD contract would have to be modified, and there are provisions within the contract that allows that to happen.  Perry, 59, spent 28 years with HPD before coming to Kaua‘i in October 2007, and is one of 36 people who have applied for the position to be vacated by outgoing HPD Chief Boisse Correa.  The Honolulu city charter requires the Honolulu Police Commission hire chiefs solely through five-year contracts.

 

Perry said in a telephone interview Friday morning that a decision to leave Kaua‘i would be “a huge sacrifice,” not only because he and his wife Solette love living in Lihu‘e and on Kaua‘i, but also due to the fact that he maintains a strong commitment to both the island and KPD."   Perry went on to say that  "he believes he actually can better serve Kaua‘i by heading up HPD because the added resources and manpower of the new post would allow him to assist the new KPD chief and leadership in the long, arduous march toward departmental accreditation.  Perry said accreditation is an important step for KPD to take, as it is the state’s only county police department not yet accredited through the nationwide Commission on Accreditation for Law Enforcement Agencies."  I for one would agree that accreditation is of critical importance. 

 

Hanalei's Namolokama Canoe Club hosted their third "annual open water swim on July 25 at Hanalei Bay. There were five races in total, with two for keiki and three for adults,"  this per the Aug 1st Garden Island newspaper.  This event is "a club fundraiser and community service," with part of the funds donated to the Kauai food bank.  If you're going to be on Island next year around the end of July, beginning of August, check it out.  You might enjoy participating or even just watching. 

 

Also in the August 1st Garden Island was the article "Kaua‘i in a changing climate."  This article by Andrea Brower went on to say that "Many old-timers lament that Kaua‘i is dryer than it used to be. Even my peers comment that the amount of water in places like the “blue room” in Ha‘ena, or swimming holes we would spend days enjoying, is drastically lower. This observation may be worth paying some careful attention to. 

 

I spent the past few days attending the 2009 Hawai‘i Conservation Conference on O‘ahu, hosted by a cooperative partnership of 15 government, education and nonprofit organizations. Titled “Hawai‘i in a Changing Climate,” the conference was three full days of both inspiring and alarming lectures by scientists, policy makers, cultural practitioners, and community leaders.  I found myself thirstily drinking during the conference as I listened to leading scientists from universities and government talk about the latest climate data and associated effects on our water supply. Climate change impacts will (and already do) include too much water, too little water and degraded water quality — all contributing to less freshwater for drinking and agriculture.

 

On Kaua‘i, groundwater is a vital resource. Kaua‘i Department of Water operates 13 separate, unconnected water systems that pump water from 48 underground wells and tunnels to deliver water to a majority of island homes and businesses. Contained in porous geological formations called “aquifers,” fresh groundwater floats on and is surrounded by more dense saltwater from the ocean. Recharge from rainfall, pumping, and saltwater intrusion all influence the availability of groundwater on tropical Pacific islands.  Gordon Tribble of U.S. Geological Survey reported that statewide data from 1913 through 2002 show significant decline in stream “base flow,” the amount of water that comes from groundwater discharge. All of the streams that were surveyed were not affected by upstream diversion or pumping, demonstrating an alarming trend in decreasing availability of groundwater over the past century.

 

Corresponding to decline in groundwater storage is evidence of decreasing rainfall. Over this same time period, rain gages with sufficient data commonly showed a downward trend. In 2008, Mount Waialeale received less than 330 inches of rainfall, as compared to the 460 inch average and 666 inch high of the 1980s.  Key findings from the Global Climatic Data Center report that floods and droughts will become more common and intense. It is “most likely” that rainfall will continue to decline, and we will see further increase in extreme rain events, which could provide 50 percent to 70 percent of total annual rain in a few days.

 

Sea level rise resulting from global climate change also poses a grave threat to groundwater supply, as salt will intrude into aquifers and surface ecosystems. Chip Fletcher, University of Hawai‘i, urged the 50th state to plan for at least a three to four feet sea level rise. Future articles will further detail the multiple impacts of sea level rise, including erosion of beaches and bluffs, increased flooding and storm damage, marine inundation of low-lying areas, and higher water tables.

 

There is widespread consensus amongst scientists that climate change is upon us. Exact temperature rise, sea level increase, rainfall patterns, and other effects are impossible to forecast. However, general trends are being identified, and we must begin to adapt. Adaptation to climate change should be integrated into public policy setting, land use planning, agricultural systems, and the general public consciousness — the resilience of our community depends upon how we respond."

 

If you've ever taken the Lady Ann Cruises out of Hanalei Bay, their days may be numbered.  Per an article entitled "County acted in ‘spirit of mischief" in the August 2nd Garden Island, "last month county officials "asked a state court to order Lady Ann Cruises to stop operating commercial boats out of the Hanalei River and Hanalei Bay."  Operators of the Cruises called "the county’s actions “politically motivated, in bad faith, and designed to pander to a small but vocal segment of the population,” an attorney for Lady Ann Cruises filed a countersuit Monday.  The suit claims interference with prospective economic advantage and seeks monetary damages.

 

“The county acted willfully, wantonly, oppressively and/or with such malice as to imply a spirit of mischief or criminal indifference to civil obligations, and/or with willful misconduct and/or that entire want of care which would raise a presumption of a conscious indifference to the consequences of their conduct,” says the suit, authored by attorney Richard Wilson, representing Lady Ann Cruises.

 

Wilson went on to say that "Lady Ann has always operated with the necessary county permits, that Mike Sheehan’s Hanalei River boatyard also has county permits necessary to support Lady Ann’s operations, and that a federal court, state opinions and even the county’s own opinion in another case agree the county has no authority to regulate any boating in Hanalei River or Hanalei Bay.  Wilson is asking the state court to deny the county’s request to order Lady Ann Cruises to quit operating out of Hanalei for not having the necessary permits.  The motions will be heard by 5th Circuit Judge Kathleen Watanabe at 1 p.m., Tuesday, in the Lihu‘e state courthouse, Pu‘uhonua Kaulike (sanctuary of justice).  Lady Ann continues to operate out of Hanalei, Wilson said in a telephone interview Tuesday.  Public protests to the operation continue as well."  What would a good political debate be without protesters!

 

Major Carvalho is doing his part to move Kauai towards sustainability per an August 2nd article in the Garden Island. "Retrofitting county facilities with photovoltaic systems and composing a monthly “green column” for The Garden Island are just two of the many projects the county is working on to “move forward” with sustainability, Mayor Bernard Carvalho Jr. said at the most recent Apollo Kaua‘i meeting.  While several topics were discussed at the monthly gathering, Carvalho said it was energy efficiency that was his “top priority.”  Though he admitted he’s “been learning,” the mayor said he is “open and trying to listen” to what environmental experts are telling him, as relationships and projects meld together to make Kaua‘i a more sustainable place to live.

 

An “important issue” Carvalho touched upon was the Kaua‘i Energy Sustainability Plan, which is still in the midst of creation for the county, with public and stakeholder interests in mind.  “This is one part we’ve followed through with,” he said.  “It was already in motion and we carried it through to make sure it comes to final product.”

 

After more than a dozen public meetings, Sentech Hawai‘i should have a draft plan compiled by September or October, with the goal to finalize the plan by February, Carvalho said.  “We will start implementing recommendations of the plan as soon as possible,” he added.  Using the sun’s rays as energy for county facilities, however, might be closer to coming to fruition, as an 85 kilowatt system with a price tag of around $700,000 has an “anticipated bid” in late October.

 

One qualm an environmental advocate had with this project was how outfitting the county building would help cut energy use when the water district is reported to use 40 percent of the county’s consumption, along with another 20 percent for wastewater activities, totaling an average of 60 percent of the island’s electrical needs.  “So the county building is probably only about 10 or 15 percent,” said Kenneth Taylor of Kapa‘a. “It’s nice to capture what we can, but the big consumers — water and sewer — haven’t been on the radar screen at least up until now. So I would hope that as we move along that you would really do some serious looking at getting solar installed into water and sewage plants.”  “We started with whatever opportunities we have now and with the type of funding we have,” Carvalho said in response.

 

A $1.5 million budget was designated for renewable energy capital improvement projects in 2010, he added, but funding still awaits approval.  “There are discussions going back and forth on that,” he said.  Another discussion the county is apparently trying to reach common ground on is finding a “viable” renewable energy use for the methane (greenhouse) gas emitted from the colossal pile of solid waste at the Kekaha landfill.  “We’re speaking with the Pacific Missile Range Facility and the state on a methane gas project,” Carvalho said.

 

One attendee queried whether there were any thoughts on capturing methane at the sewage plants and using the vapor for energy.  “Donald Fujimoto, county engineer, is actually looking at a system — may not be a large system — but at least capturing the methane and powering maybe the lights or some of the equipment at the waste water plant,” Office of Economic Development Director George Costa said. “It’s an idea right now, but it is being looked at.”  Other sustainability components the county is currently looking at include the expansion of public transportation, such as more buses and routes, as well as the possibility of constructing an official “green team,” Carvalho said.

 

The mayor suggested things the community can begin doing to start making the island a cleaner, more efficient place to live, including simple behavior changes like recycling at county drop-off locations, composting and gardening.  “I don’t know all the answers, but we’re going to move on and continue adding on,” he said."

 

If you've been following my newsletter for any period of time, you know about the two monk seals who were senselessly killed several months back.  The August 6th Garden Island newspaper article " Man indicted on charges of killing Hawaiian monk seal" finally brings us closer to closure to these terrible killings.

 

"Charles Vidinha, a 78-year-old Kaua‘i resident, was indicted by a federal grand jury Wednesday on charges that on May 21 he killed an endangered Hawaiian monk seal, according to the U.S. Department of Justice.  If convicted of violating the Endangered Species Act, Vidinha faces maximum penalties of one year imprisonment and a $50,000 fine.  Assistant U.S. Attorney Marshall Silverberg, who is handling the prosecution, said in a July 16 phone interview that he had expected this announcement would occur “soon.”

 

The pregnant seal was discovered shot to death at the remote Pila‘a Beach. Another seal died from bullet wounds in April at Kaumakani. There has been no official word on the latter case. The two seals were known as RK06 and RK19, respectively.  RK06 was a female monk seal, possibly in her mid-teens, found dead on the North Shore. A necropsy revealed the seal was carrying a near term — almost ready to be birthed — male monk seal pup, according to an earlier state Department of Land and Natural Resources press release.  She previously had five pups and was reportedly an important breeding female and a huge loss for the Main Hawaiian Islands monk seal population.

 

RK19 was a 5-year-old subadult male seal discovered dead on the Westside. The otherwise healthy seal was observed alive just a day earlier during the Fisheries Service’s semi-annual Hawaiian monk seal count, according to the same release.  In 2008, RK19 was reportedly fitted with a crittercam as part of a Main Hawaiian Islands foraging study conducted by the Pacific Islands Fisheries Science Center.

 

The Hawaiian monk seal is among the most endangered seals in the world, with only around 1,100 to 1,200 estimated remaining in the wild.  The monk seal —– ‘ilio-holo-i-ka-uaua, or “the dog that runs in the rough seas” — is sometimes referred to as a “living fossil” because they have essentially remained the same for at least 13 million years, well before the arrival of human beings on the planet and even longer than the Main Hawaiian Islands, according to the Marine Conservation Biology Institute.  The monk seal’s lone predators on land here are humans.  The Garden Island called the listed phone number here for Charles Vidinha to seek comment from him on the indictment, but was told it was the “wrong number.”

 

If you missed the first "Blackwater International Fishing Tournament, Saturday." not to worry, it's set to be an annual event per the August 6th Garden Island article "Heavyweight ahi wows Hanalei crowd."  "People crowded the Hanalei Pier throughout the day, straining to get glimpses of the catches that were weighed using a small boom set up to hoist fish out of their boat’s fishboxes.  With the abscense of marlin, the next heaviest fish was a 171.2-pound ahi weighed in by the Ladye M III captained by Troy Martain.

 

That submission was challenged by a 167.4-pound catch by the crew of Makoa iki with captain Paul Bryan. Third place honors went to Pepy Conley and the crew aboard Pulu Kai that weighed in a 118.6-pounder, the big fish extracting gasps of awe from the surge of spectators that crowded the pier throughout the day.  Cheers and jokes broke through the throng when Chauncey Pa and the crew aboard Kanalukea weighed in the winning Aku late in the day.

 

That first place was followed by a 28-pounder weighed in by the crew aboard Paniolo Kai, captained by Keala Kauanui. Third place honors went to the crew aboard Rascal skippered by Eddie Soltren that weighed in an 18-pound catch.  Roger Decamp and the crew aboard the Hooker II topped the Mahimahi class with an 18.6-pounder followed by Stan Morinaka and the crew of Staci Dee tipping the scale at 13.0 pounds.

 

Roy Machado and the crew aboard Heavenly Rose topped the Ono division followed by Steven Fountain and the crew from the Joy Lin Malia. Third place honors went to a 30.8-pound catch from the KB, skippered by Kelly Boro.  Chad Pacheco, the tournament chair, said the tournament, the first of what is planned to become an annual event, marked the kickoff of the year-long 175th anniversary celebration of the establishment of the Wai‘oli Hui‘ia Church, the historic church in Hanalei town.

 

Members of the church, including Chad’s mother, Haunani, whose grandfather once served as pastor of the church, were on hand throughout the day with a food booth serving a variety of goodies including smoothies as well as offering  commemorative polo shirts, caps and vests. Special fishing tournament shirts were also available as a fund-raiser benefitting the church, which is currently having work done on its historic stained glass.  There are a variety of other projects that need to be done to prepare the church for its 175th anniversary and interested people can visit the church’s Web site for more information."  This looks like a fun event that is sure to develop into a world class attraction.

 

The August 8th Garden Island article "Ravaged restaurant could change hands" hints that there may be a buyer for the Seashell restaurant in Wailua.  "The real estate agent listing for sale the former Seashell Restaurant parcel said she has at least one “very interested buyer” that may also be interested in the entire Coco Palms Resort across Kuhio Highway.  The entire property is for sale, with the Seashell parcel listed for $1.8 million, said Maryanne Kusaka, the agent and former Kaua‘i mayor, in a telephone interview Thursday.  Coco Palms Ventures LLC, whose principal is Phil Ross of the Maryland-based development company Petrie Ross LLC, is also seeking a financial partner in the redevelopment of the Coco Palms Resort, which has remain closed since Hurricane ‘Iniki in September of 1992.  Coco Palms Ventures LLC lost its original financing after permits for a planned spa on the property were denied, Kusaka said.  Ross and partner Walt Petrie were both out of their offices Friday and not available for comment. A message left on the cell phone of Ross went unreturned Friday.

 

The Seashell Restaurant building is in a state of disrepair, with pillows and blankets on the floor of the former restaurant indicating someone likely has been sleeping there.  Kusaka said in order for any buyer to reopen the restaurant and have former restaurant permits grandfathered, the new owner could not change the footprint by more than 50 percent without having to apply for new county permits.  Across the highway, Kusaka said a successful resort development would have to be scaled back a bit from the former Coco Palms Resort, in order to make it work financially.  “They would like to re-do the property,” said Kusaka, adding that it would be nice to see a renewed Coco Palms Resort restored “to its old grandeur,” and run as a hotel and not a condominium project.  A different interested buyer from over a year ago is no longer interested.

 

Shell Vacations, owners of the Kaua‘i Coast Resort at the Beachboy, makai of Kuhio Highway near the Coconut Plantation Marketplace in Waipouli, had begun due diligence either late in 2007 or early in 2008 toward a possible purchase of the Coco Palms Resort property, but is no longer interested either in acquisition or partnership, a company spokesperson said during a brief telephone interview Friday.  Coco Palms Venture II LLC acquired the property in 2006 for $12.3 million with the intent to restore it to an operational state, but when the housing market fell last year, the venture’s plans went with it.  Coco Palms still has permits for 200 condos, 104 hotel rooms, dining and retail, but never established an asking price when they listed the property with Jones Lange LaSalle in September 2007.  The venture recently received Kaua‘i Planning Commission approval giving them three additional years to develop the former landmark resort.  Rumors that wildlife artist Wyland, who lives part-time on O‘ahu and has Kaua‘i galleries at Kaua‘i Village in Waipouli and Po‘ipu Shopping Village, was considering purchasing Coco Palms remain unconfirmed."

 

Many of you probably remember the Ka loko dam breach tragedy from 2006.  Per the August 8th Garden Island "Court documents filed Monday and Tuesday, finally available for viewing Friday, show settlements have tentatively been reached in the civil suits stemming from the Ka Loko Reservoir Dam disaster in 2006.  The wrongful-death and property-damage claims filed by Bruce Fehring, entertainer Bette Midler and several others blamed North Shore landowner James Pflueger and other entities, including the county and state governments, for not properly maintaining the dam and reservoir mauka of Kuhio Highway, causing the breach of the dam and reservoir that sent millions of gallons of water seaward, wiping out homes and property and killing seven people in March 2006.  Four of the bodies were never found. Fehring lost his daughter and grandson in the flood.

 

A hearing on the settlement agreements involving eight suits has been scheduled for Sept. 8 at 1 p.m. before 5th Circuit Judge Kathleen Watanabe at the Lihu‘e state courthouse, according to the documents.  There are confidentiality agreements included in the settlement documents, and there is early speculation that Pflueger’s attorneys will seek to have the settlement details sealed under court order so as to not prejudice any potential jurors in the ongoing criminal case where Pflueger is facing seven counts of manslaughter and one county of reckless endangering.  That case is set for trial in April of next year, and the civil cases had been set to follow, in May.  There will also be a move to make settlement details public, due to the fact that county and state funds were used in defense of the civil lawsuits, as both the County of Kaua‘i and state of Hawai‘i were named as defendants.

 

Thousands of dollars of county taxpayer money was used to hire special counsel to defend the county, which is the defendant of record requesting via motion that Watanabe rule that the mediated settlement was reached in good faith.  County Attorney Al Castillo had been traveling to O‘ahu to participate in the settlement negotiations, but was unable to discuss specifics when asked to comment this week.  Another attorney familiar with the settlement negotiations speaking on condition of anonymity earlier this week confirmed that settlements had been reached in the civil cases, and that a joint press release was to be issued but attorneys for all of the involved parties could not agree on press-release language.

 

Word of settlements hit the streets on the North Shore as early as Monday, but confirmation could only be secured Friday through the Kaua‘i court documents.  In one of the settlement documents filed with the court, it was agreed that Pflueger and the Lucas Estate is not the owner, operator or possessor of Ka Loko, there was no evidence of negligence, the dam failure was not caused by neglect, there are no product-liability claims, and Pflueger and the Lucas Estate are not liable for punitive damages.  Still, Fehring through his attorneys are seeking to depose attorneys and plaintiffs to determine the nature of the settlements and proceeds, and designate some or all of the attorneys in the civil cases as witnesses to be called in the criminal matter, according to court documents."

 

We all know foreclosures are on the rise on the mainland and it's no different here. Per the August 8th Garden Island article "Foreclosures on the rise," the number of foreclosures skyrocketing over the past year. As of Friday, there were 425 properties listed as foreclosures, on RealtyTrac’s Web site. August 2008 saw the sharpest uptick in the number of filings at almost 140; that figure dropped to about 70 last month."

 

There are currently 112 pre-foreclosures across the island as well as 196 bank-owned, three government-owned, and 114 soon-to-be-auctioned properties on Kaua‘i. Of those homes in flux, more than 200 are located in Lihu‘e, more than 100 in the Kapa‘a/Wailua area, about 60 on the North Shore, some 30 on the South Shore and more than 10 on the Westside, according to RealtyTrac." "Out of the total number of residential homes and condos currently for sale, about 10 percent are noted to be in a distressed situation."  It's a sad situation for everyone.

The August 11th Garden Island had some good news when it reported in the article "Rescue made off Wailua Beach" that "an 18-year-old Wailua woman was rescued at Wailua Beach Tuesday afternoon in huge, storm-generated surf, after she was swept out to sea.  She was treated at the scene, then went to Wilcox Memorial Hospital in a private vehicle, according to a county press release.  Kaua‘i Police Department dispatch operators said over the radio that three people were swept out from the mouth of the Wailua River, and emergency responders indicated over the radio that all three were safe on the beach, breathing regularly on their own.  Surf of 10 to 15 feet is expected to continue on the Eastside of the island today, as remnants of the storm that was Hurricane Felicia moves south of the island."  Remember, when there is a storm warning for the Island, use extra caution or stay out of the water for your own safety.

 

In an August 13th follow up article about the monk seal killings, "Charles Vidinha pleads not guilty to killing seal"  it was reported that "the federal court trial of a 78-year-old man accused of fatally shooting an endangered Hawaiian monk seal has been set to begin Oct. 14.  Charles Vidinha of Kaua‘i

pleaded not guilty Tuesday to violating the Endangered Species Act. If convicted, he faces a maximum one-year in prison and a $50,000 fine.  Vidinha and his attorney, federal public defender Alexander Silvert, declined to comment outside the courtroom.  The pregnant monk seal was shot to death May 21 at Pila‘a Beach on the North Shore of Kaua‘i. Federal officials knew the seal as RK-06, the mother of five pups."

 

If you like politics, you'll particularly enjoy living on Kauai.  As you may know, there have been some heated debated on our County council and with the board of Ethics. The latest episode was reported in the August 14th Garden Island article "Ethics Board butts heads with attorney."  In this article "The Kaua‘i Board of Ethics’ continued discussion about conflicts of interest took a heated turn Thursday when County Attorney Al Castillo and board members weighed their respective roles in a debate Castillo said was “as transparent as it gets.”  At the regular monthly meeting, under an agenda item ostensibly related to the board’s role in regards to disclosure statements but at least peripherally connected to the ongoing look at potential violations of County Charter Section 20.02(d), Castillo told the body he is their attorney and it, in turn, is his client.

 

Last month, with Castillo absent, the board rejected a written opinion authored by Deputy County Attorney Mauna Kea Trask, repeatedly flouted advice to go into executive session, and changed its rules to provide public discussion of county employees’ disclosure statements.  “You must comply with the advisory opinion of the County Attorney,” Castillo said Thursday, warning that if board members did not do so, they would be stepping “outside the scope of your authority” and could open themselves to personal liability. 

 

Board member Rolf Bieber, who renewed the discussion on conflicts of interest and 20.02(d) when he filed complaints against two fellow board members and a Cost Control Commission member earlier this year, interrupted Castillo to say, “This just isn’t right or fair.”  Later, after Castillo had left, Kapa‘a resident and ethics watchdog Horace Stoessel testified that he felt “a mixture of disbelief and outrage” when he saw the County Attorney “posing as a dictator.”  Castillo responded to Bieber’s complaint saying the board’s responsibility to follow the advice of his office was “not subject for debate,” and the two then proceeded to talk over one another, growing increasingly louder, until Chair Leila Fuller stepped in to calm things down.

 

Later, board member Paul Weil, a long-time lawyer, asked Castillo if he meant to say the board “should” comply with County Attorney advice, arguing there is a “substantial difference between must and should,” and pushed Castillo to identify the section of the Charter requiring the board to listen to its attorney.  Castillo suggested the board go into executive session to discuss the matter further.  Bieber asked Castillo why his office has not yet delivered a written opinion — Trask said in July one would be available one week before the August meeting — that would back up the oral arguments Castillo made in executive session on June 4 that led to the tentative dismissal of the three complaints, pending receipt of a written opinion.

 

Castillo said Trask’s opinion and a previous one authored by former Deputy County Attorney Margaret Sueoka, which said 20.02(d) must be read in conjunction with Section 3-1.7 of the County Code and has been described by Weil as “fatally flawed” and by Princeville resident Walter Lewis as “critically defective,” essentially mirrored his own verbal statements.  “That’s the answer,” Castillo said. “That is sufficient for you.”  As Castillo wrapped up his presentation and headed for the door, telling the board the rest of its meeting would be presided over by Deputy County Attorney Mona Clark, Weil loudly teased, “Quick, duck out Al.” Castillo replied with a line most famously uttered by California’s actor-turned-governor.  “I’ll be back.”  Stay tuned. I can guarentee this is not the end of all of this.

 

If you've been wondering like I have why the paving has not been completed at the Princeville entrance, perhaps the August 24 Garden Island article "What’s the holdup?" has the answer.  Per this article, "Motorists across the island are growing weary of swerving their vehicles around holes in the highway. Despite heavy machinery appearing on the North Shore nearly three months ago, little has reportedly been done since then to alleviate bumpy road conditions.  Inclement weather is to blame for the delay, said Ray McCormick, the state Department of Transportation’s district engineer for Kaua‘i.  Although the “final paving stage” has been reached, the contractor experienced “several rain days with heavy passing showers” and has been unable to place the wearing surface, he said.

 

“Although the wet conditions do not last the entire day, they typically occur during the morning hours, at which time the contractor is required to decide if paving work can or cannot occur due to the anticipated weather,” McCormick said.  Only a portion of the highway just outside the Princeville entrance appears to have undergone any work, residents said, while resurfacing is expected to occur on Kuhio Highway all the way from Princeville to ‘Anini Vista Drive by an unknown date. The project is expected to cost taxpayers some $3.53 million.  “There have been some delays between the project scoping, design and construction award,” McCormick said, Thursday.

 

The contractor “mobilized their equipment to the project site on or about the 20th of June,” he said, and erosion control and sign installation work was reportedly completed by the end of June.  The June 3 article in The Garden Island entitled “Road repairs cause summer traffic” notes that some of the equipment for the road work near Princeville had already arrived. The story also provides the full list of road projects for the summer.  Road reconstruction commenced in the beginning of July in an effort “to give the public proper notice” via signs, newspaper and radio announcements, McCormick said.  Since then, on-site conditions and weather forecasts have been used in an attempt to “best anticipate” if the project site will be affected.

 

“In the case where the weather forecast predicted extended periods of wet weather in the project area, the contractor uses that info to schedule other work where the weather forecast predicted less wet weather,” he said.  For example, if rainy conditions are predicted for the Princeville area, the contractor will decide to hone in on the Wailua-Kapa‘a area if lighter showers and sunnier weather is more likely there.  Until the project’s deferment is lifted, drivers will have to continue escaping bumps and craters in the obstacle-course road, particularly by the Prince Clubhouse and Princeville airport — a section of the highway slated to be resurfaced — though occasional patch-work jobs to temporarily remedy the situation are expected.

 

McCormick writes that during the weekend of Aug. 15, some potholes “opened up due to rainy conditions.”  “These potholes were identified on Monday morning and repaired later that afternoon,” he said. “HDOT is monitoring the area to ensure that should any potholes arise, they are quickly mitigated.”  County officials did not respond to questions seeking comment on whether the county would be able to assist in pushing state highway projects to completion.  “In short, rain and wet weather create the worst conditions for paving projects,” McCormick said. “Asphalt pavement does not perform well when placed on wet sub-surfaces. It delaminates from the sub-surface, creating potholes, making paving in the rain not desirable.”  I guess that's their story and they're sticking by it!  In the meantime, save your shocks and springs and drive slowly on the North Shore!

 

As reported in the August 26th Garden Island article ‘Managing uncertainty’ "What began as an informational meeting about the designation of important agricultural lands turned into a heated discussion about Kaua‘i’s agricultural future.  Dr. Karl Kim, a professor at the UH Department of Urban and Regional Planning, presented a slide show of the Koloa-Po‘ipu pilot agricultural lands study he and his colleagues conducted for the Land Use Commission. He was the guest speaker at the monthly Wailua-Kapa’a Neighborhood Association meeting Monday night at the Kapa’a Library.

 

The IAL designation has been a 30-year process, with a constitutional mandate in 1978 requiring the state to “conserve and protect” agricultural lands. Not until 2005 was Act 183 passed to implement the process, followed by Act 233 in 2008, which included “incentives” for designating IAL.  Currently, there is a parallel process of land owners petitioning to designate their land, as well as the county designating lands on Kaua‘i. Alexander & Baldwin was granted the first IAL on Kaua‘i in March, with more than 3,000 acres on the Westside.

 

Kim explained the approach of the study was to “identify and map potential important agricultural lands based on Act 183” and to “develop tools and methods as a prototype for other communities.” The study was based on the criteria to designate land as IAL, which include soil quality, sufficient water, land with traditional Hawaiian agricultural uses, and land identified under “agricultural productivity ratings” by the Board of Agriculture in 1977.  Some audience members noted that the criteria are “outdated” and other factors should be considered. Don Heacock, state aquatic biologist and farmer, identified some factors, such as the importance of watershed councils and the ahupua‘a traditional Hawaiian model.  “It should be based on a watershed-by-watershed basis,” Heacock said, adding that most of the IAL are located on alluvial flood plains.  Kim confirmed the ahupua‘a model will be taken into consideration and reminded the audience that the pilot study was simply a model.  He stressed that the IAL designation process will be highly reliant upon community input. He said a “stakeholder technological advisory committee” will be formed with monthly meetings, in addition to three different informational meetings across the island, and an appearance at the upcoming Farm Bureau Fair this Saturday.

 

Community activist Bruce Pleas shared the importance of recognizing the agricultural diversity on each side of the island when discussing community input. “You have to have workshops at every town because they’re all different,” Pleas said.  Former Mayor and Councilwoman JoAnn Yukimura stressed the importance of educating the public on the IAL process.  “As long as you do the education first ... or else public input won’t work,” she said.  In addition to the committee and island-wide meetings, Kim said Web sites, informational distribution and interactive blogs are forthcoming regarding the IAL designation process, which he estimates will take two years.

 

“When do you do planning 101 for the council?” Kaua‘i County Councilman Tim Bynum asked, which was followed by a round of applause.  “I think we have to engage all parties,” Kim said.  More than 70 concerned citizens filled the room, which Kim saw as a good sign, when asked after the meeting in an interview.  “There’s a lot of energy and it’s good to see the citizens in the community are interested,” he said, noting that the “uncertainty of the future” is what is driving the concern.  “That’s what planning is: managing uncertainty,” Kim said." 

 

Homebuilders were excited to hear that "1-stop permitting coming soon to Civic Center."  Per the August 27th Garden Island "The county’s vision for a one-stop permitting operation could soon become a reality.  The challenges of location, logistics and staffing standing in the way of a single location in the county’s Civic Center should be resolved next month, Mayor Bernard Carvalho Jr. said in a meeting last week at his office.

 

“Team leaders have assured me by September we’ll be up and running,” Carvalho said in the interview.

Under the proposal, applicants for Class I and II permits will bring their plans to the kiosk, currently under construction in the Kapule Building near the existing Motor Vehicle Registration.  One “soft copy” of the paperwork will be distributed to various governmental agencies — including the departments of Water, Health and Fire — electronically all at once.  Within 30 days, the applicant will get their plans back.  The trick, Carvalho said, is making sure the application is complete with all the information required by all departments. That staffing requirement, along with some technology hardware snags, are what have held the project back.  The trips from one agency to another may soon be a thing of the past.

 

There was a followup article on August 28 regarding the issue of Lady Ann Cruises.  Per the Garden Island "State Fifth Circuit Judge Kathleen Watanabe Thursday denied the county’s request for a preliminary injunction to prohibit Lady Ann Cruises from operating boat tours out of Hanalei Bay.  The ruling clears the way for Lady Ann to continue operating, after Watanabe ruled the county didn’t show enough evidence the county would prevail on the merits of its case — that Lady Ann lacks requisite permits necessary to operate out of Hanalei — or that allowing the operation to continue would cause irreparable harm or go counter to the public’s interest, said Richard Wilson, attorney for Lady Ann.

 

Wilson said Lady Ann co-owners Mary Kagawa Garcia and Claire Inazu Seaver were “tickled” by the ruling. “They’re the winners of the day. They did everything right,” Wilson said of Lady Ann’s partners, who are moving forward with a counterclaim seeking monetary damages for the county’s actions.  Watanabe instructed Wilson to prepare the written order denying the preliminary injunction, which he has two weeks to complete, Wilson said in a telephone interview from his Honolulu office.

 

Honolulu attorney David Minkin is the special counsel representing the county in this matter. During a telephone interview Thursday afternoon, Minkin said he is “basically disappointed” in Watanabe’s ruling, but this is not the end of the case.  Minkin and his team will further evaluate the evidence and continue to investigate Hanalei boating in general and Lady Ann in specific, as it is his feeling that Lady Ann is “skirting various (state and county) ordinances.”  “This was just a motion” that the county filed shortly after filing the lawsuit aimed at prohibiting Lady Ann from operating out of Hanalei, Minkin said.

 

Wilson had praise for Watanabe. “Hat’s off to her,” Wilson said of the judge, a former county attorney, for making the right ruling against her former employer after reviewing all the testimony, evidence and exhibits in the case, which she heard for most of the day Tuesday.  “Everyone on Kaua‘i knows this is a hot topic,” Wilson said, adding that his clients are willing to speak with groups large and small in Hanalei about their summertime operations there.

 

Regarding the counterclaim seeking monetary compensation for economic damage to Lady Ann Cruises done by the county’s court action, Wilson said a first amended counterclaim would be filed soon, and that discussions had taken place between himself and the county.  The county’s action “significantly impacted (Lady Ann’s) client base” in a very competitive business in a very slow time for visitor arrivals to the island, Wilson said.  Wilson reasserted his claim that the injunction was politically motivated, with the county “pandering to a small group of people who are very, very vocal.”

 

The bottom line, Wilson said, is that the commercial boating operation is not harmful to the environment.  “I can’t think of a more eco-friendly activity than going on a boat and taking pictures,” he said. “I can’t think of any other way of looking at it.”  The activity brings people to Kaua‘i, and visitors are going to go to Hanalei anyway, Wilson said.  “The county failed miserably in trying to fulfill their burden of proof,” said Mike Sheehan, owner of a commercial boatyard up the Hanalei River from the bay which was also a focal point in this week’s court activity.

 

Wilson, who also represents Sheehan, said parties in a contested-case hearing before the Kaua‘i Planning Commission are in the process of formulating their findings of fact and conclusions of law in a matter before the commission wherein county officials are attempting to revoke, modify or amend Sheehan’s boatyard county permits.  Carl Imparato, president of the Hanalei-to-Ha‘ena Community Association, said Watanabe’s Thursday ruling is “just a small bump in the road, just a procedural matter.” “This has never been just about one boat, about Lady Ann, but about whether or not permits are needed to operate in Hanalei,” Imparato said.

 

“I’m confident that once the entire case is heard that the county and community will prevail. Hanalei is still worth saving,” the fight has been going on for 20 years, “we’ll continue to fight and we’ll win in the end,” said Imparato.  In a prepared statement e-mailed to The Garden Island, Kagawa Garcia and Seaver said they are “elated” and “overjoyed” with Watanabe’s ruling.  “We have always been in compliance with all rules, regulations and laws within the state of Hawai‘i and the County of Kaua‘i. Our entire Na Pali Explorer ‘ohana is overjoyed with the court’s decision as it provides job security during these challenging economic times,” the statement said.  “We have always stated that we are simply a small, locally owned and operated business that is striving to provide a good service to our malihini and kama‘aina alike while being pono with our ‘aina. Pupukahi I holomua (unite to move forward). Me ka ha‘aha‘a (humbly yours).”

 

That's enough politics and hot topics for this month. You may notice the absence of much real estate reporting, with the exception of the one article on foreclosures.  I think that about sums it up, which is, there's not much to talk about.  There are still good values but I am concerned that when buyers finally decide to take action,  lenders may be less than eager to lend.  I keep hearing about more and more and more "guidelines" which translates into "more difficult for you, the average person - to get a loan" but I remain optimistic that there are still some lenders willing to extend credit to credit worthy buyers.  Let's hope so anyhow!

 

 

Aloha Elaine