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Thursday, February 12, 2015
February 12, 2015 News Read
By Andrew Walden @ 4:49 PM :: 6954 Views

'Hewa Hui' Plan: Create Fake Indian Tribe, Keep 95% of Hawaiians Out

Wind Turbine Buffer Zones: HB1384 Gets a Hearing

Lockout: Management Shuts West Coast Ports Four More Days

Small Business Caucus Backs HB266 Regulatory Review Board

Angling for Money from Legislature, UH Report Tries to Explain Athletic Department Finances

Ige's Secret Transition Committee: Stone, Alm, Hiraoka, Arakaki and others

CB: The governor’s office also wouldn’t say who is on the governor’s transition committee, which advises Ige on his Cabinet posts.

Civil Beat was able to independently confirm four of the members — it’s not clear if there are more. The team includes Lorrie Stone, an attorney specializing in land use and development. She’s also the wife of Jeff Stone, who leads a major resort development firm that owns Ko Olina Resort on Oahu and Princeville at Hanalei on Kauai.

Robbie Alm, a former vice president of Hawaiian Electric Co., and Gordon Arakaki, a longtime Ige supporter and real estate attorney, are also on the transition team....

Arakaki referred questions to Keith Hiraoka, Ige’s former campaign manager and chair of the transition team, and Alm didn’t return a call for comment.

2010: Gaming Industry Lobbyist, Progressive activist screen Abercrombie cabinet picks

read ... Secret Transition Team

Ching Nominee Would Be In Position to give Castle & Cooke Lock on TOD Development, Other Developers to be Iced Out

CB: ...there will be too many conflicts of interest for the man currently on leave from his job at Castle & Cooke, a major land developer.

In fact, Castle & Cooke would be the recipient of that land along the rail route in a proposed swap with the state for some pineapple fields in central Oahu.

“I like Carleton’s heart,” Ige said during a press conference last month. “I know he understands, if he was fortunate enough to get confirmed by the Senate, that he understands...." 

“He’s a great leader, a good business mind,” the governor said....

As the Honolulu rail project progresses, developers could be angling to secure leases for prime real estate.

Ige highlighted developing state-owned land along the rail line as a priority during his State of the State speech last month, noting that the state is the largest landowner along the transit route.

It’s not clear how much of that land DLNR controls. Leo Asuncion, the interim director of the state Office of Planning, which is spearheading the state’s transit oriented development efforts, in coordination with the city, said that’s one of the things his office is trying to figure out.

“What is happening now is we have a lot of state land around the stations,” said Asuncion. “We need to figure out what is its best use in the future.”

He said DLNR currently covers 60 percent of its programming needs by leasing out lands and that by renting out land along the rail line, the department could cover all of its costs. “If they do it right, they could actually be a sustainable department,” he said.

One developer already eying land along the rail line is Castle & Cooke.

Under a bill recently introduced by Sen. Donovan Dela Cruz, the state would explore giving the company land along the rail line in exchange for up to 18,000 acres of fallow pineapple fields in central Oahu and the North Shore that Dole Food Company has been trying to sell, according to Hawaii News Now, for $185 million.

Dole and Castle & Cooke are associated companies.

Dela Cruz stressed that the land swap idea is still in its infancy. Castle & Cooke would get land in Kalihi, which currently hosts the Oahu Community Correctional Center, a dilapidated prison that the state is looking to rebuild in another location, and possibly other lands along the rail route, said Dela Cruz.

The sale would ensure that the central Oahu land remained agricultural and would be leased out to smaller farms, said Dela Cruz. Meanwhile, Castle & Cooke would get land that is already classified as urban.

Any transaction involving land controlled by DLNR, would have to be approved — or at least reviewed — by its board, chaired by Ching.

Harry Saunders, president of Castle & Cooke Hawaii, downplayed the company’s interest in the land. (Translation: He obsesses about it day and night.)

“If it’s something that the state wants to do, we’ll entertain it, but we’re not promoting it,” said Saunders.

Asked whether he would recuse himself if a land swap involving Castle & Cooke came before the land board, Ching was non-committal....

Castle & Cooke could also appear before the BLNR if it again seeks approval for a wind farm on Lanai....

...opponents may face a big challenge. One environmental group’s informal poll of senators shows 18 in favor of confirming Ching and only seven opposed, according to a person familiar with the survey....

read ... Other Developers Iced Out

GE Tax Hike: Honolulu Council Plays Chicken With Legislature

SA: Council members said they preferred to wait and see whether rail officials succeed in getting some sort of extension of the 0.5 percent GET surcharge for rail through the state Legislature this session, which ends in May, before they approve the borrowing deal.

(Translation: This is a manufactured crisis designed to stampede legislators into raising taxes.)

Rail officials, meanwhile, say they would need to start issuing the bonds as early as June to keep up with the construction bills. They intend to borrow as much as $350 million in short-term loans in 2015.

If the Council doesn't sign off in time, the rail project wouldn't have enough cash to immediately pay Kiewit Infrastructure West for its work, Honolulu Authority for Rapid Transportation Executive Director Dan Grabauskas said after Wednesday's meeting. Kiewit is building the first stretch of elevated guideway from the fields of East Kapolei to Aloha Stadium.

In that situation, it remains to be seen whether Kiewit would keep building without receiving its scheduled payments — instead waiting until the revenues caught up, Grabauskas said....

read ... Dog n Pony Tax Hike Show

Rail Cost: We're Just Guessing, says Amemiya

KITV: ...The $5.3 billion price tag attached to the controversial rail project is a best guess at this point, Roy Amemiya, the city's new managing director, admitted Wednesday to members of the City Council.... (And the plan is to guess high to ... stampede legislators into raising the GE Tax.)

Currently, the rail project's cost overrun is estimated at $910 million after both the City Council and the mayor stated that $210 million in 5307 federal bus funds cannot be used toward construction. On Wednesday, the Budget Committee approved a resolution 5-0 on first reading that urges HART to delete the bus funds from its official financial plan. However, Grabauskas said the Federal Transit Administration will ask for replacement monies before those funds can be removed.  (Strategy: Suddenly 'decide' bus funds can no longer be 'used' and then demand that taxpayers pony up for bonds.  In the chaos ... stampede Legislators into approving GE Tax hike.)

"In order for us to revise the (financial) plan and have it balance, we need to show any substitute resources, like 5307 if it's taken out, or to come out up with additional resources to meet the shortfall that has been identified and projected," he said.

Even before allowing members of the public to testify about the MOU, Budget Chairwoman Ann Kobayashi deferred the measure (Resolution 15-7) for the second time in less than a month. Although HART said it has enough cash on hand ($322 million) to make interest payments on the first $350 million in bonds, Kobayashi noted that any debt issued by the city is backed up by taxpayers.

"You know our bottom line is the taxpayer, that's who we really are worried (about)," said the councilwoman. "I mean who would give a loan to someone who has such a huge shortfall in their project?"

Meanwhile, a federal oversight committee headed by Jacobs Engineering Group, Inc. out of St. Louis is criticizing HART for not doing enough to contain escalating costs associated with the rail line. In its December report, the Project Management Oversight Committee said it has recommended numerous cost mitigation measures that the transit authority has failed to act on.

"Minimal cost containment measures have been accomplished by HART," the PMOC report stated, while adding "This unfavorable trend of minimal cost containment is alarming."

read ... And now they're guessing high

Rail: Drilling, Hammering into Wee Hours of Morning

KHON: ...rail and the construction that comes along with it could be headed for a neighborhood near you.

Recently, viewers complained about the late night work that crews were doing on Kamehameha Highway in Aiea, but it’s not stopping there.

The Honolulu Authority for Rapid Transportation has already applied for a noise variance for work between Honolulu International Airport and town.

Last month, Aiea residents complained to KHON2 about the drilling and hammering going on into the wee hours of the morning. Crews were doing rail work on Kamehameha Highway near a residential complex.

At the time, KHON2 found out the state Department of Health has a noise section that allowed HART’s contractor to do night work. But when they hear about complaints, “we sent out people too just to check it,” said state noise section supervisor James Toma.

Even though rail work has been spread between Kapolei and Aiea, the state says HART has already applied for a noise variance for work in the airport area and beyond, including heavily populated Kalihi....

“When it comes to the noise variance, there’s always something they can do about it and that’s just letting us know, showing up and participating at the public meetings,” Toma said.

“Is that something you would participate in?” KHON2 asked. 

“No, because they made their decision. We as taxpayers, we don’t have any say,” said Charlene Pacheco, who works in Kalihi....

read ... Rail Noise

Some staff will oppose Ige's state prisons chief nominee

HNN: State Sen. Will Espero, who chairs the Senate public safety committee, will be in charge of Espinda's confirmation hearings. Espero told Hawaii News Now at least ten former and current prisons employees plan to testify against Espinda.

"I think that is certainly something that needs to be seriously looked at and seen whether this is the right person for the job or not," Espero said. "Those issues should be brought up at the confirmation hearing because we need to be able to put everything on the table and have Mr. Espinda be able to address any concerns as well."

The employees have told senators they do not believe Espinda is fit for the top job, claiming he's shown unprofessional behavior and has an intimidating management style that creates a hostile work environment....

Espinda said since he's taken over state prison and sheriff operations at the beginning of the year, he and wardens at prisons have cut down drastically on canceled family visits because of a lack of prison staff. He said he wants to curb rampant overtime and get more corrections officers to come to work on their regular shifts and stop calling in sick, which leads to forced overtime for other prison guards.

Feb 4, 2015: Ige Appointee (Mother of Espinda's child) Resigns After Just Days on Job

read ... Oppose Nominee

Grandmother Asks for $1M Damages Against Police Chief's Wife

SA: The grandmother of Katherine Kealoha, wife of Honolulu Police Chief Louis Kealoha, is asking a state jury to award her $1 million in punitive damages in her civil claim against her granddaughter.

The grandmother, 95-year-old Florence Puana, is suing Kealoha, a deputy city prosecutor, over money from a reverse mortgage that Kealoha arranged on Puana's Maunalani Heights home.

Puana's son, Gerard, is also suing Kealoha over $70,000 he claims he gave his niece to invest and for safekeeping.

Kealoha countersued, denying that she owes her grandmother any money or that her uncle gave her any money and that the Puanas made those claims to discredit her.

The Circuit Court jury heard closing arguments in the case Wednesday....

SA: Publicize names of rogue police

read ... Stolen House

Campaign Spending Commission dismisses complaint against Say

DN: Hawaii’s Campaign Spending Commission, in a short statement after hearing a few minutes from both sides, dismissed Nancy McGee’s complaint against former House speaker Calvin Say relating to alleged misuse of campaign funds for personal purposes. Almost certainly, today’s decision will result in an appeal to state court.

read ... Campaign Spending Commission dismisses complaint

HB1455 Passes 'Health' Committee: Legalizes Marijuana Sales

CB: A bill that would allow patients potheads or their caregivers drug pushers to transfer sell medical marijuana plants to other patients drug addicts passed through the House Health Committee on Wednesday.

HB 1455 would also increase the number of patients addicts that caregivers pushers could help grow medical marijuana from one to three. It still needs approval from the House Judiciary Committee to advance to a vote of the full House....

Meanwhile, HB 321, which would establish medical marijuana dispensaries and production centers across the state, is scheduled for additional consideration by the Health and the Judiciary committees Tuesday at 2 p.m....

Several other bills relating to medical marijuana were deferred indefinitely by the Health Committee on Wednesday:

-HB 788 would have legalized growing marijuana for those registered with the Department of Health.

-HB 794 would have allowed doctors to determine when a medical condition qualifies a patient to be prescribed medical sold marijuana. Doctors would have been able to prescribe sell marijuana for an array of 'medical' conditions, rather than just “debilitating” conditions as defined in the current medical marijuana laws. Health Committee members said the Department of Health is pursuing this on its own.

-HB 795 would have protected employees who have medical use marijuana prescriptions from workplace 'discrimination'  (you know like drivers and heavy equipment operators.  Teachers are of course already allowed to be doped up thanks to HSTA and Hawaii ACLU.)

-HB 993 would have added specialists, in addition to a patient’s primary doctor, as physicians authorized to provide the “written certification” needed for a medical to use marijuana prescription. The bill would also have required patients to register with the DOH and provide consent for the release of medical information from their doctor.

HuffPo: North Korean Dictator Keeps Population Passive with Marijuana

read ... Keep the people doped up

Regulations: DoH 'Works to Limit Production' of Start-up Food Businesses

SA: Whether it's local lilikoi jam or grandma's andagi, there's nothing like homemade food in Hawaii. Pop-up venues like farmers markets, craft fairs and bake sales are popular places to pick up locally produced treats to snack on or share with loved ones who want a taste of the islands.

However, for those who make and sell these cottage foods, it's not so easy. The state Department of Health (DOH) regulates the permitting of the sales of these items, which it considers homemade non-potentially hazardous foods. Under DOH rules, the food makers can sell their products only directly to consumers and not to other food establishments such as stores or restaurants. These sales are only authorized for 20 days within any 120-day period per temporary food establishment location, thereby forcing the food seller to have to re-apply for the permit multiple times per year.

These hurdles are designed by DOH to limit production output, which hampers the small operations' ability to expand. Overall, it slows the growth of local food production among Hawaii food producers, at a time when our state is importing so much of what we eat....

In this legislative session, the recommendations of the working group have provided the basis of House Bill 1233 and Senate Bill 379 relating to Cottage Food Operations Permitting, which would give small farmers and home food processors the ability to work out of home kitchens and sell to a more diverse customer base....

Although HB 1233 was deferred last week, we still have an opportunity with Thursday's hearing on SB 379 by the Senate committees on health and agriculture....

PDF: "Hawaii Cottage Food Business Working Group Report, 2014"

read ... DoH Crushing Small Businesses

Bill would allow media greater access to lava, other disasters

WHT: A bill aimed at easing restrictions on news media reporting about the June 27 lava flow and other natural disasters cleared its first committee at the state Legislature this week.

The legislation would amend Act 111, which went into effect only days before the flow emerged from Puu Oo, to allow news media access to areas closed to the general public.

An amended version of the bill cleared the Senate Committee on Public Safety, Intergovernmental and Military Affairs on Tuesday. The committee’s changes would require journalists to be under the supervision of Civil Defense officials when entering restricted areas and provides liability protections for the state and counties.

Act 111 granted additional powers to the counties during emergencies and has been used since the flow began threatening Pahoa to keep news media from accessing restricted areas, making it difficult for journalists to interview those most impacted by the disaster.

Civil Defense and police officials say the restrictions are necessary to maintain public safety and have submitted testimony opposing the legislation.

read ... Disaster

Solar farm may short-circuit school expansion

HNN: Kamaile Academy Public Conversion Charter School sits on seven acres in Waianae. The school teaches kids pre-kindergarten through the twelfth grade. Enrollment's about 950 with projections to grow. Five acres would provide room for more playground space, parking, and buildings to replace portables.

"We would love to have a high school building, a secondary building to house all our students, and we would need space for that," principal Anna Winslow said.

The five-acre parcel the school needs is part of a 160-acre site owned by Eurus Energy. The San Diego company plans to cover the ground with solar panels. Kamaile assistant principal Paul Kepka said the solar site will dwarf the school.

"Essentially, Kamaile Academy is going to look like the center of a doughnut. And we're going to be surrounded by solar on three sides," he said.

Winslow understands Eurus can do what it wants. But she said 18 months ago the company approached the school, asking that it partner in the solar farm idea. Kamaile agreed and asked for five acres. Then talks suddenly stalled.

read ... Short Circuit

Maui High principal confirms school's former football coach under DOE investigation

MN: Hawaii News Now reported Wednesday night on its 10 p.m. television newscast that Bui, a teacher at Maui High for 10 years, is accused of sending sexually explicit messages to a teenage girl from a different high school. HNN also reported that the DOE would not say why Bui is under investigation.

The television station reported that Bui has not been arrested and that the girl's parents have filed a police report accusing him of harassment.

read ... Investigation

HECO: "Rates will 'stay' Low Til End of Decade"

KHON: On Oahu, the residential effective rate is 27.9 cents per kilowatt-hour (kWh). A typical 600 kWh bill is $177.45, a decrease of $9.77 since last month, and the lowest since March 2011.

Hawaii Island’s residential effective rate is 33.8 cents per kWh and a 600 kWh bill is $214.71; that is $12.49 lower than last month, and the lowest since October 2010.

Maui’s effective rate is 31.5 cents per kWh and a typical 600 kWh bill is $198.78, $21.46 lower than last month and the lowest since February 2011.

“Nobody knows obviously (how long these drops will last),” said HECO spokesman Peter Rosegg. “It could go up again tomorrow, but I think most experts predict that it’s going to stay relatively low until toward the end of the decade.”  (Did he just say 'stay' low???)

read ... bills continue to drop

Mayor Signs Expanded Sit-Lie ban

SA: Included in the new law are Kekaulike and Sun Yat-Sen malls in Chinatown, and Fort Street and Union malls downtown.

City officials said that since enforcement began in mid-December, Honolulu police officers have issued only 10 citations and three arrests, along with 964 warnings, for the sit-lie bill in Chinatown and downtown.

(And 70 bums finally agreed to accept shelter.)

read ... Reducing Homelessness by Forcing bums to accept shelter

HPD: Tweeker With 10-year Criminal Record Busted in Allenby Case

KITV: Owen Patrick Harbison was indicted by an Oahu grand jury of three counts of identity theft, three counts of attempted theft in the second degree and unauthorized possession of confidential information.

He is being held on $100,000 bail....

Harbison has six prior convictions including one felony drug conviction, according to state records.  The most recent conviction was on March 20, 2013 for a drug violation. He was sentenced to 133 days in jail and four years probation.  (And thanks to our soft-on-crime policies, he was out and about in time to attack a golf pro and create international headlines which are bad for Hawaii tourism.)

His other convictions are for misdemeanor theft and petty theft, having an open liquor container in a vehicle and for failing to show up at a court hearing dating back to 2005. He has been convicted in three counties -- Honolulu, Maui and the Big Island.

read ... Soft on Crime

Wedding venue, parking structure, farmers market to be sandwiched in controversial corner of Ala Moana

KITV: Beach and harbor users come to the two-acre parcel between Ala Moana and Kewalo Basin to park or use the restrooms.

VIDEO: Click here to watch Catherine Cruz's report.

But the Hawaii Community Development Authority sees it as underutilized land and has been talking with two Japanese businesses to redevelop it.

But late last year, Kewalo residents got wind of early conceptual plans and protested not just the plans, but the process of exclusive closed door negotiations.

"Friends of Kewalo found it posted in a Japanese magazine. We were blown away at how big is was and how imposing it was right along Ala Moana Beach,” said Wayne Takamine.

HCDA ordered a redo and Wednesday Kewalo Waterfront Partners shared its redesign Wednesday.

Meanwhile: Hefty back rent bill jeopardizes lease for Ala Wai Wedding Chapel project

read ... Japanese Wedding Hall

Hooser Burned by Testimony Against Smoke, Dust Ban

KE: As the saying goes, if you can't stand the heat, stay out of the kitchen. And Councilman Gary Hooser took plenty of heat — and got hot himself — at yesterday's public hearing on his anti-burning bill.

Or as a friend observed: “Something is getting smoked — Gary's okole.”

Gary started the hearing by madly backpedaling, claiming it was never his intent, despite the language in his broadly-worded, poorly-written bill, to ban smoke meat, hulihuli chicken, kalua pig and other foods that Islanders hold dear.

Gary said he'd drafted an amendment applying the bill only to residential neighborhoods and ensuring that no outdoor cooking practices are affected. He then pleaded with the audience, “Respect my intent is to do the right thing.”

But folks like Tommy Oi weren't buying it. “The hearing is on the bill that's before us. If it ain't on the paper when the bill passes it don't hold water.”

And when westsider Mike Broyles dared to say, “This is not New York City, this is not the Bay Area, this is not Marin County. But unfortunately, sometimes the wrong kind of transplant comes ashore. One in the likes of Mr. Hooser, one with a special kind of arrogance,” Gary angrily cut him off.

“This is not the time or place to attack me or other people personally,” said Gary, apparently forgetting how he'd allowed dozens of anti-GMO supporters to attack Councilmembers and their fellow citizens during hearings on his anti-GMO Bill 2491. Gary warned Mike not to “raise the race issue” and threatened to use his authority as chair to call a recess if Mike continued down that road.

“Speak in a respectful tone,” Gary scolded, again forgetting how he and his “fistees” had nastily trashed the character and intent of seed company managers and their employees. “Don't denigrate me or my intent.”

“It's not about race, it's about a mindset,” Mike countered, noting that he's hapa-haole. “Go ahead and call your recess. You're the chair. I'm the taxpayer.”

Mike went on to say that "Mr. Hooser should've checked with the wider community to see what we wanted, not a few people. We don't need big government trying to control every aspect of our lives.”

KGI: Hooser said it’s based on an existing County of Maui law

read ... Smoked Out

Aila Defends Aquarium Collectors Against Hordes of Anti-Aquarium Obsessives

BIVN: On Wednesday, William Aila – the former chair of the state’s Department of Land and Natural Resources – testified on bills proposing to further regulate (or in some cases, ban) the aquarium fishing industry in Hawaii.

Taking a seat before the State House Committee on Ocean, Marine Resources, & Hawaiian Affairs, Aila opposed House Bill 873, which would prohibit the sale of aquatic life for aquarium purposes.

Under the new administration of Governor David Ige, Aila stepped down as chair of DLNR. He now serves as a deputy chair in the Department of Hawaiian Home Lands. On Wednesday he testified as a private individual.

MTVN: An overwhelming number of individuals submitting testimony on HB511, which prohibits the harassment of anyone marine or aquarium fishing and specifically tasks conservation officers with enforcing the harassment ban....

he measures heard today included HB606, which establishes a 10-year moratorium on the taking of aquarium fish; HB873, which prohibits the sale of aquatic life for aquarium purposes; and HB883, which seeks to prevent the cruel treatment of aquatic life by preventing its sale when such treatment is part of the capture or collection of fish.

Also on today’s agenda was HB483, authorizing administrative inspection within the West Hawaii regional fishery management area.

read ... Testimony

Kauai: Anti-Dairy Obsessives Hire Oregon Lawyer

KE: Chris D'Angelo continues his full-frontal assault on the Mahaulepu dairy with today's front-page “news” on how opponents have brought in a hired gun from Oregon to help them stop local milk production.

Of course, attorney Charlie Tebbutt isn't from here, but that doesn't stop him from speaking confidently and knowledgeably about what what Kauai can and can't handle and the “pristine and sensitive" nature of those old sugar cane lands. Because of course a grass-fed dairy of 699 to 2,000 cows on Kauai is exactly like the confined animal operation with 11,000 animals that Charlie fought in Washington.

They're both deemed “industrial” agriculture, and that's all you need to proclaim that Hawaii Dairy Farm's proposal is absolutely unacceptable, even before an EIS is done. Because according to Charlie, and the mind-set of the anti-dairy folks, “an honest” EIS will point out problems far too significant to surmount. And if it doesn't, well then it's just a dishonest piece of crap.

Because the antis are always the experts, and they know best. Even when they don't know nuttin' but they don't want it. At least, not in their backyard. Let someone else produce the dairy products — and everything else — they want to consume.

read ... Musings: Hot and Bothered

3 Muslims Killed by Progressive Atheist

WS: The tragic slaying of three Muslim college students in North Carolina is dominating the headlines today. According to his Facebook page, the killer was a committed atheist and a political liberal....

... the Facebook page of the North Carolina killer suggests he wasn't remotely neutral when it comes to his atheist and liberal political opinions:

His Facebook Likes included the Huffington Post, Rachel Maddow, the Southern Poverty Law Center, Freedom from Religion Foundation, Bill Nye "The Science Guy," Neil deGrasse Tyson, Gay Marriage groups and similar progressive pages....

read ... Killed by a leftist in North Carolina

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