Council defers farm-worker-housing bill once again

NAWILIWILI — Farmer Louisa Wooton showed up Wednesday morning at the council chambers sporting a beautiful turquoise-blue lei and a radiant smile on her face.

At last, after three years of meetings, the council was about to approve a bill allowing farmers to build additional housing for their workers. Or so it seemed.

But again, Bill 2318 was deferred.

“I received information that the council was intending on introducing amendments to this bill,” said County Attorney Al Castillo. “I respect the work of the council, and I humbly request that you defer this to allow your legal team to review the amendments.”

Council Vice Chair Jay Furfaro said he would ask for the deferral because he was proposing a 12th provision against abuse in the ordinance.

Chair Kaipo Asing said possible legal ramifications in the amendments prompted Furfaro to ask for a deferral.

But Councilman Derek Kawakami took the blame.

“If anyone is frustrated with the vice chair, his deferral actually comes from reaching out and seeing what my concerns were … as to not adversely impact the goals of this bill,” said Kawakami, commending Furfaro for his leadership.

Kawakami had a change of heart June 9, breathing life into the bill that was apparently on its last breath. The first-term and youngest council member’s pivotal change likely may lead to the measure’s approval. He said Furfaro had since approached him to listen to his concerns about possible abuse.

Farmer Linda Newman said she felt that every time she has come to a meeting, the issue of abuse has come up.

“It’s not the farmers who are creating the abuse,” she said. “I feel like the finger is being pointed.”

“The farmers are not abusing, they’re working,” Newman said.

Kawakami said if there’s a “glimpse” of blaming farmers, it wasn’t the intent of the council.

“The deferral is to make sure that we do not adversely impact those we are trying to help,” he said. “We are trying to help the farmers.”

“If this amendment is going to adversely impact your opportunity, we want an expert opinion on the impact of that decision,” Kawakami said.

Despite spoiling the party, the deferral seemed to be embraced by most who testified.

“We are talking about abuse of agricultural land,” said Roy Oyama, president of the Kaua‘i County Farm Bureau, explaining that those lands have agricultural priorities but have been used without such purpose.

“We do not want abuse, but I have to say the truth, it’s the real-estate people,” he said. “We cannot have them abusing it.”

Oyama said he believes agricultural lands that are being used for purposes other than agricultural should be reclassified, resulting in higher real-property taxes.

“I believe the 12 safeguards being put in place to keep farm-dwelling-abuse from happening is excellent,” resident Glenn Mickens said. “But as past history has shown us, enforcement mechanisms should be in place up front.”

Councilwoman Lani Kawahara apologized to the farmers for the deferral, and said she hopes council members will be able to address issues as soon as possible.

“I really feel for you, because I know how hard you work,” she said.

The bill would allow farmers to build up to three farm-worker dwellings, totaling no more than 1,800 square feet of combined area, and only after meeting certain criteria.

Resident Anne Punohu had concerns about possible consequences if the bill is passed.

“You do not need to do any of this because the law is extremely clear,” Punohu said.

If an individual on your property is not properly cared and provided for, as far as sanitation goes, then it is a violation of federal law, she said.

“If you make a law that creates a barrier to providing that housing as it applies to the federal law, that makes you duplicitous in the event,” Punohu said.

The bill is supposed to go on the agenda of the council’s July 28 meeting.