Kauai looks at LIHUE >> The Kauai County Council is considering an official investigation of the failure of Mayor Maryanne Kusaka's administration to take action against retired Oahu auto dealer Jimmy Pfleuger for causing a major landslide by slicing away part of a hill without grading permits.
mayor’s inaction
The Council may look into a case
involving auto dealer PfleugerBy Anthony Sommer
tsommer@starbulletin.comThe Council has never used the investigation powers given it in the county charter. It is allowed to subpoena witnesses and documents and conduct formal hearings.
Last week, the Council recommended to the county prosecutor's office that criminal charges be brought against Pfleuger. Grading without a permit is a misdemeanor, punishable by up to 30 days in jail.
Yesterday, Council members meeting in committees were assured by the county attorney's office that they have the authority to hire a special counsel to look into the possibility of investigating the mayor.
The issue was sent to the full Council for its next meeting.
Also at yesterday's meeting, the Council viewed a videotape of a huge power shovel carving a road through the hillside two years ago. Pfleuger was operating the machine.
The road was to link Pilaa beach to a subdivision Pfleuger is building. Pfleuger also has been fined for diverting a stream without a state permit and building a berm without a county permit on the same piece of property.
Last November, during a heavy rain, the mountainside collapsed, pouring mud on the land of three families. Although some repair work has been done to protect the homes, mudslides during heavy rain continue to pollute the beach and the offshore reef.
Both the County Engineer and the county Planning Department have cited Pfleuger, but no fines have been levied, no deadlines set for repairing the damage, and no legal action has been taken against Pfleuger to force him to repair the damage.
Both agencies are forwarding their files on the case to the county attorney, who may decide to take Pfleuger to court.
The Kusaka administration has told the Council that it has been its policy to try to correct problems and issue after-the-fact permits.
Administration officials have said fines in current county ordinances are too small to be effective.
Frustrated after three straight Council meetings at which the Pilaa landslide was the primary issue, Councilman Kaipo Asing was outraged yesterday.
"Are you telling me the administration is saying we don't have enough information yet?" Asing asked First Deputy County Attorney Amy Esaki. "We have more than sufficient information for the filing of an injunction."
Kauai County
