A decision on whether to impose penalties against the head of the Public Utilities Commission and her husband for allegedly operating illegal vacation rentals on Kauai won’t be made for at least another 45 days.
The state Land Board on Friday deferred action on recommendations to impose penalties against PUC Chairwoman Hermina "Mina" Morita and her husband, Lance Laney.
The deferral by the Board of Land and Natural Resources was granted at the request of the couple’s recently retained attorney, Harold Bronstein, who told the board he needed time to review records.
Sam Lemmo, administrator of the Office of Conservation and Coastal Lands, has requested fines totaling $31,000 for construction of unauthorized structures and operating vacation rentals within the state land-use conservation district subzone. Lemmo also was seeking an order for the couple to immediately cease and desist commercial activity, and to remove unauthorized structures.
Morita and Laney were not at the meeting and could not be reached for comment.
According to a report submitted to the board by the conservation office, a nonconforming single-family structure was permitted in the protective subzone because it was built before the parcel’s 1964 conservation district designation. The report said a recent investigation revealed additional structures were allegedly built at the site after Hurricane Iniki without state approval.
Laney is described in the report as landowner of the 3.18-acre parcel in Hanalei. Included in the submittal are printouts of the operation’s website that list features and rates for two studio cottages operated by "Taro Patch Hale."
Bronstein disputed the conservation office’s conclusions on the matter.
Commercial activity of the rentals, Bronstein said, ceased two months ago when the couple was informed a violation had occurred. A message on the Taro Patch website Friday said the business is no longer in operation.
Bronstein assured the board that his clients want to work with the department to resolve the issue.
"This is a land-use issue," he said. "The commerce is done. There’s no question in my mind that this can be resolved amicably between the parties."
Morita, who previously served as state a representative, will continue to serve in her position at the head of the PUC on a "holdover basis" beyond June 30 when her term ends. Gov. Neil Abercrombie said Thursday that stability at the agency is necessary to address regulatory issues during a critical time for development of the state’s clean-energy future.
