LIHU’E – The kind of documentation presented before the Kaua’i County Council involving alleged illegal activities makes a private investigator like Mel Rapozo salivate. “Crimes were committed,” alleged Rapozo, pointing to a photograph of a culvert built without necessary permits
LIHU’E – The kind of documentation presented before the Kaua’i County Council involving alleged illegal activities makes a private investigator like Mel Rapozo salivate.
“Crimes were committed,” alleged Rapozo, pointing to a photograph of a culvert built without necessary permits in the shoreline management area near Pila’a Beach by Kilauea.
Start the investigative process, he implored the council, adding that someone should contact the FBI’s government corruption unit, because for violations to be continuing for six months or longer and the county mounting no real enforcement response, something is wrong.
The agenda matter involved alleged grading violations by Pilaa 400 LLC (limited liability company), one of whose members is Honolulu auto dealer James Pflueger.
Much of Thursday’s council committee meeting, which lasted over eight hours, involved public testimony and questioning regarding the alleged illegal and un-permitted ground-clearing, culvert-building activities that have allegedly seen mud and muck flow through the culvert to near-shore ocean reefs.
The council should use its subpoena power to take this case to county prosecutors, said Bruce Pleas. “You act on it right now,” he said.
James Torio of Anahola expressed frustration at a lack of leadership shown by Mayor Maryanne Kusaka’s administration, a sentiment echoed by several public speakers.
None of this could have happened without tacit approval of the administration, said Dr. Ray Chuan, who announced a citizen lawsuit will be filed if the land owner doesn’t come into compliance with federal and state clean-water laws within 60 days.
“Shut it down,” said Cheryl Lovell-Obatake, referring to the governmental process of issuing subdivision approval currently pending before the Kaua’i Planning Commission.
She admitted being “humiliated and frustrated” by what’s happening at Pila’a, calling for a boycott of Pflueger products, and accusing him of killing reef animals with his disregard for the land and water.
“Fine, fine, fine,” until there is no more money, then take the land, advised Richard Stauber.
One speaker suggested Kusaka take responsibility for all the illegal activities.
“We are dealing here with a bad actor,” said Ken Stokes.
People are mad that rich folks can do whatever they want, and madder still that elected officials do nothing about the violations, said Glenn Mickens.
County Councilmember Gary Hooser, quoting from both the county subdivision ordinance and grading ordinance, said both documents call for fines and jail time for violations, and questioned various representatives of the administration about why these ordinances aren’t being enforced.
An alternative may be to deny final subdivision approval for the proposed development, said Dee Crowell, director of the county Planning Department.
The work that was done was very different than work described on plans, and for the grading violations the county could withhold final subdivision approval, or make the applicant undo the improvements, Crowell commented.
But, in order to assess fines, the county would have to take the developer to court, and attorneys would make the applicant exhaust all administrative remedies before going the judicial route, Crowell said.
“Who’s in charge?” Hooser asked, saying that Pila’a represents something of a worst-case scenario, but that similar violations are happening all too frequently.
Don Heacock said violations have been occurring at Pila’a since 1993, and are well-documented.
Hooser said the grading ordinance has enough teeth, the county should take a big bite, acknowledge that “this terrible thing happened on our watch,” and take care of it.
Staff Writer Paul C. Curtis can be reached at mailto:pcurtis@pulitzer.net or 245-3681 (ext. 224).
