Author Archives: Melissa Kelsey

Enforcement Blues

Thursday, June 4th, 2009

The struggle to protect Molokai land

By Melissa Kelsey

From construction and dumping to operating transient vacation rentals, it is no surprise to many Molokai residents to see neighbors undertaking projects without the proper permits. With little information available on how to obtain permits and few consequences for violations, the process of following the law seems almost unnecessary. But for some residents, observing flagrant violations, such as filling in ancient Hawaiian fishponds, has led them to question whether or not the government is doing its job to protect Molokai’s communities and natural resources.

Disturbing the Peace
Recently, an east end resident observed a neighbor cutting down trees and dumping them into a fishpond. He said that as a result of the close-knit community on Molokai, many residents are hesitant to file reports. Some residents have fears of repercussions, and some simply do not want to disturb the peace.

While Maui County does not accept anonymous complaints, they do pledge to keep the source of each complaint they receive confidential, according to Maui County Planning Director Jeffrey Hunt.

Molokai Staff Planner Nancy McPherson thinks that for a community as small as Molokai, the largely complaint-driven enforcement system may be precisely the problem. She said the way the island’s enforcement system currently works is that if a Molokai resident observes a permit violation, they have to take the initiative to file a form called a Request for Service. Once each month, a staff enforcer comes to Molokai from Maui to investigate the Request for Service forms she has received. After legally assessing the situation, she charges the violator fines until the problem is corrected or the proper permit is obtained.

Stacking the Odds

Monday, June 1st, 2009

Planning Commission discusses County zoning changes.   

By Melissa Kelsey

Two bills proposed by the Maui County Council suggest changing County zoning in ways that could make some existing Molokai homes and businesses non-compliant with the law, according to Maui County Planning Director Jeffrey Hunt.

Hunt said the Maui County Planning Department does not support the bills and has received nine letters advocating against them. Both bills aim to eliminate a legal occurrence called “stacking” in Maui County, with one bill targeting hotel districts and the other bill targeting industrial districts. Stacking means that additional buildings such as businesses and residences are allowed inside land areas zoned for specific purposes. For example, stacking allows a lunch café to be built within the same zone as an electricity plant.

Molokai Irrigation System to Collect on Delinquent Accounts

Thursday, May 28th, 2009

By Melissa Kelsey

Under the strain of a faltering state economy, some Hawaiian homesteaders find it unjust that they have to pay the price. For thousands of generations, Hawaiians lived off of Molokai’s bountiful resources. Now, even water comes at a price, as the State of Hawaii Department of Agriculture (DOA) makes plans to collect on delinquent homesteader Molokai Irrigation System (MIS) water accounts this summer.

Unpaid Bills
A recent state audit found that water account delinquencies are on the rise in the MIS, and that more than half of delinquent account users continue to regularly use water, according to Duane Okamoto, Deputy Director at the DOA.

“This is a bad time for the state, and particularly Molokai,” said Okamoto.

Okamoto said as of April 30, 2009, 73 MIS water account holders owe the MIS a combined total of $234,852, with 24 of the account holders owing $1000 or more. To fall into the delinquent category, an account holder has to be 60 days or more behind in payments.  

The general MIS water rate, which is the same for both homestead and non-homestead users, is 33.5 cents per 1000 gallons, the same rate it has been for the past three years, according to Okamoto. In prior years, the Hawaii State Legislature has given the MIS $425,000 annually to be used where the board deems it to be needed most. As part of an effort to cut costs system-wide and balance the state budget, this year the legislature has proposed to provide only $361,000. In addition, Governor Lingle could sign a bill July 15 that would take $5 million out of a DOA fund that enables the DOA to give loans. Taking into account inflation and past-due homesteader accounts, Okamoto said the DOA is struggling to keep water rates down and provide loans to farmers and agriculture companies.

No Small Thing

Thursday, May 21st, 2009

West end mansion moves forward.

By Melissa Kelsey

For an island that prides itself in having no building taller than a coconut tree, many are wondering how construction has been approved for a west end home that some say will be the largest single-family house on agricultural land in the State of Hawaii. But the short answer is simple: there are no laws preventing it.

After their 6.5 acre land purchase in Kaluakoi, the Zappacosta family submitted an application to Maui County to build a farm dwelling. The single-family home’s design calls for eight bedrooms and 10 bathrooms, covering a total of 21,642 square feet, roughly the size of 20 Molokai homes combined. County of Maui Department of Planning Director Jeffrey Hunt said the estate plan also includes several acres of farmland designated for fruit trees.

Some Molokai residents welcomed the project because of the jobs its construction will create for the island.

“Everyone on my construction crew is Hawaiian, and most of them are saving up to buy a home of their own,” said one Molokai building industry representative.

“I never asked to be in a society in which you need money to survive, but we need money to pay our bills,” he said in support of the project.  

Another community member expressed concern that the extensive operation would not be conducted in a way that is pono, and encouraged everyone involved in the project to study native Hawaiian protocol.

“I am worried about the future of Molokai and I am trying to protect the lands of my ancestors,” he said, pointing out that the construction workers may find human remains.