THE GARDEN ISLAND (Kaua’i, Hawaii)

May 29, 2010

Farm-worker housing abuse discussed

NAWILIWILI — County Council Chair William “Kaipo” Asing thinks the farm-worker-housing legislation will “ruin the island.”

Proponents on and off the council see the bill as a chance for the county to show real support to real farmers.

But the bill was deferred again Wednesday.

Kaua‘i farmers, legislators and community members have collaborated for almost three years crafting a bill intended to provide affordable housing for farm workers and promote sustainable agriculture on Kaua‘i.

“This bill is about growing more food,” said organic farmer Ned Whitlock, adding the bill is a first step in being more productive, promoting growth and economic diversity, while also tracking and keeping skilled farm labor. “You can jump ahead and be a better farm.

“For farmers who almost qualify, it’s an added incentive to produce more, to plant that extra row, to get those trees going, to expand the agricultural business on this island,” Whitlock said.

County Council Bill 2318 would allow farmers to build up to three removable farm-worker dwellings, totaling no more than 1.800 square feet of combined living space.

The farm-worker-housing bill faced the full council Wednesday. Farmers from all corners of the island came to the council chambers here in support of the bill, in its third draft, and everything appeared to indicate the council would reach a decision that day.

It wasn’t time, however. In the 11th hour, literally, since the meeting started at 9 a.m. and it was almost 9 p.m., the bill was once again deferred, after a vote had already been called for by Council Chair Kaipo Asing.

Councilman Daryl Kaneshiro had recused himself from the vote, alleging a possible conflict of interest as he owns and farms agricultural land. Councilwoman Lani Kawahara left at 7:45 p.m. to catch a plane to San Diego, Calif., where she is representing the council at a health conference about childhood obesity.

With only five voting members left, County Attorney Al Castillo “strongly” suggested the council defer the bill.

The bill had already bounced back weeks ago to the Planning Committee on the brink of being approved, when Councilman Jay Furfaro then said there were a couple of legal matters that had to be clarified.

After tightening up the bill a little further trying to prevent possible abuse, the committee last week approved it and sent it back to full council.

Farmers united in support

Kaua‘i Farm Bureau President Roy Oyama, with over 60 years of farming experience, gave his support to the bill. Hawai‘i Farmers Union director Patty Valentine, former Mayor JoAnn Yukimura, and farmer Jerry Ornellas were also among many who joined the supporters.

Kapa‘a farmer Andrea LaCocque, Kilauea farmer Louisa Wooton and Kawahara gave emotional testimony, all on the brink of tears.

Wooton said the community will soon hear the council members’ political platforms for the upcoming elections. As before, candidates will be talking about agriculture, sustainability, affordable housing, preservation of open spaces and job creation, she said.

“How many times in the past few years have you had this chance to actually profoundly support our community?” Wooton asked council members.

“A need has already been established,” said Wooton, adding that the late Mayor Bryan Baptiste had an agriculture advisory committee made up of many farmers who are also community leaders.

“We had our most respected organizations support this bill: the farm bureau, the Hawaiian Farm Association, the Farmers Union. These are the voices for agriculture,” Wooton said.

“Right now there are no guidelines, none, zero, zilch,” said Wooton, adding that Maui County has already proven this kind of law works.

Asing: ‘bad planning’

Councilman Tim Bynum said the County of Kaua‘i has allowed abuse of agricultural lands to continue, even 10 years after the 2000 General Plan asked for protections against proliferation of subdivisions on those lands.

“Every other county has addressed it one way or another, but we couldn’t find a way to do it somehow,” said Bynum, explaining that this bill would curb abuse and at the same time help bona-fide farmers.

Asing, however, was not satisfied. He told the farmers he “fully” supports the intent of the bill, but cannot support the bill as it is.

“In my opinion, I feel that this bill is bad planning,” said Asing, adding that it would be impossible to enforce against abuse.

“This bill will drive up ag land costs,” he said.

Asing did a lengthy presentation, showing a Kilauea map with 585 CPR (condominium property regime) units, 261 of which already have an agriculture dedication.

If the bill passes, those 261 units would only need a business plan and annual gross receipts of $35,000 to qualify for a permit to build extra farm-worker housings, according to Asing.

“Look at what you’re going to do to the rest of the island,” Asing told the farmers. “I showed you Kilauea. What about Wailua? What about Lihu‘e? What about Koloa, ‘Oma‘o, Hanapepe?”

“You are going to ruin the island,” Asing said. “It is going to get worse unless we start to work together and try to come up with something that is more workable.”

Bynum said Asing’s presentation compares apples and oranges, but did agree that there’s been widespread abuse of agricultural lands on Kaua‘i.

The abuse, said Bynum, adds an extra financial burden to the county. “It’s difficult to serve agricultural sprawl when they are de-facto residential subdivisions.”

Bynum and Furfaro, however, said there are 11 provisions in the bill against abuse, making it difficult to take advantage.

Furfaro: provisions prevent abuse

Furfaro prepared a list of the 11 provisions for his presentation:

— Farmers would have to show receipts of $35,000 from gross sales for two consecutive years. This level would have to be maintained each year in order to keep qualifying;

— The land would have to already have a county agriculture dedication. Currently, no parcel under five acres can have an ag dedication;

— Only certain crops would qualify, with tree and turf farms excluded. Those crops have had a history of abuse under the ag dedication program;

— Farmers must have a viable commercial plan;

— Farmers must appear before the Planning Commission;

— Only current CPRs can apply;

— If a CPR property is amended to a qualifying property, the permit is rendered invalid;

— In case of sale or transfer of land, the Planning Commission must be notified and the permit reviewed;

— Annual fillings and regular inspections will ensure compliance;

— Structures, which will sit on stilts, must be removed within six months of non-compliance;

— Possible fines and liens could bring stiff financial repercussions.

The bill will likely resurface on the council agenda on June 9.