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Sunday, September 30, 2012
September 30, 2012 News Read
By Andrew Walden @ 7:04 PM :: 5350 Views

Hirono Misses 144 Votes, Lingle Raising $144K

Djou: Hanabusa 'Out of Touch' on Economy

Hanalei: Billionaire Pierre Omidyar Pushes for Resort Development

Friends of NRA to Gather on Big Isle, Oahu

Sequestration: Obama Admin Pressures Federal Contractors not to Issue Layoff Notices

Panos: Caldwell Suffers from Windmill Deficiency

Edging Toward the Fiscal Cliff, Tax Increases Inevitable

Abercrombie 'Relishes' Meeting with Angry Mob: PLDC ‘Strategic Plan’ is Answer

Abercrombie column in KGI: I relish any opportunity to visit Kaua‘i and had the opportunity to return once again on Sept. 19. It was a full itinerary….

Although not an issue when planning began for this event months ago, the Public Land Development Corporation (PLDC) became a focus for many at the meeting. A high degree of public concern has been expressed by Kaua‘i residents about preliminary administrative rules. To demonstrate that the PLDC Board of Directors has heard those concerns, I have urged the board to adopt a “Strategic Plan,” created collaboratively by members of the Legislature and PLDC board, to better define its priorities and scope.

As I stated in my letter to the board, I am encouraged that the people of Kaua‘i share my interest and passion for the stewardship of public lands. However, at this juncture, calls for repeal are not productive, particularly before projects have even been identified. Such extreme action would only impede the public comment process to which the public is rightly entitled for projects and proposals with great public support.

I believe that the PLDC — once its scope and rules are clearly defined — is one of our best opportunities to work cooperatively and align public and private interests toward the enhancement, protection, conservation and management of public lands for Hawai‘i’s people.

Reality: Bodyguards Shield Abercrombie from Angry Crowd

AP: The plan would make it clear that the corporation has to comply with the state's environmental review and other laws. Corporation board Chairman Kalbert Young said that the board wants to wait until October's meeting before deciding how to proceed.

read … With Relish

"Talk to the Hand" --Brewbaker Hammers 'Soviet Style' Energy Goals, Solar Subsidies

SA: Hasn't the PV "infant industry" grown up, yet?

The answer involves whether electrical utility regulation is economically efficient. Under Hawaii's Soviet-style "clean energy" goals, it is not....

A small PV industry as a potential renewable energy alternative once could argue that "learning-by-doing" would reduce its cost if its lessons were learnable by all. Surely, 15 years later, our education is complete.

Importing PV panels doesn't "keep money in state." Besides, if the cost of PV equipment has fallen one-third, does its state subsidy need to be one-third?

PV subsidies don't "correct" for fossil fuel subsidies. One bad policy is not negated by another bad policy. Besides, the impact of federal subsidies for all fossil fuels is approximately one one-hundredth of 1 cent/kilowatt hour, so, talk to the hand….

Subsidizing research and development is not the same thing as subsidizing rich people to put PV on their beachfront homes. R&D has a public benefit; those homes are private. Hawaii spends almost as much on residential PV subsidies, $170 million according to reports on Council on Revenues' forecasts, as the U.S. Department of Energy spends on its advanced research on fundamental scientific knowledge in energy (less than $200 million). Public funds should be spent for public benefits, not private ones.

Related: CoR: Solar Tax Credit Scammers Will Take $491M More than Projected, Some Solar Panels Produce More Greenhouse Gasses Than Coal, Do Solar Panels Produce as Much Energy as Consumed in their Manufacture?, Federal Solar Subsidy $775 per mwh

Welfare Queens Push Back: Tax incentives sustain solar jobs, incentivize use and boost green policy

read … Brewbaker

Rail Pillars Built on Land City Does Not Own

SA: The Kapolei property where the first guideway pillars have been built is owned by developer D.R. Horton; the property near the community college is owned by the state Department of Hawaiian Home Lands….

… a consultant hired by the Federal Transit Administration to oversee the Honolulu project has repeatedly warned the city over the past year that it must obtain a more detailed license agreement giving the city control of the rail yard property now owned by DHHL.

The city began grading the rail yard site in August to prepare for construction, and in April the city started construction of columns for the elevated rail guideway on land owned by Horton.

HART has been under extraordinary pressure to press ahead with construction, in part because rail construction delays have already proved to be very expensive….

When asked why HART began construction in Waipahu and Kapolei before the city actually owned the lands involved, HART issued a written statement explaining that, “On a project of this size it is critical to keep things moving so that we are on time and on budget.”

The city has not yet purchased the Horton property where the guideway is being built because “we are waiting to complete the final design (of the rail system) for that area so that we know exactly how much land we will need. We want to be prudent and acquire only what we will need, not more and not less,” according to the written statement from HART….

Jerry Iwata, the HART real estate acquisition manager, said in a written statement that the city has been working closely with Horton “and they are committed to providing the necessary property for the rail guideway and area station. Once all design work is completed, we will know exactly how much property is required, and we will finalize that agreement.”

HART said it is “unlikely” that landowner Horton will make extra demands for a higher sale price or other concessions after the city builds the rail guideway on Horton’s land.

That’s because the city will only pay fair market value for the land, and all land acquisitions worth more than $500,000 must be approved by the Federal Transit Administration, according to the HART statement.

read … City has yet to buy land beneath first work sites

Cayetano: Negative Ads Cost Me the Majority

Borreca: Cayetano says his own research shows that the negative attack ads by PRP cost him the needed majority to win in the primary. About 5 percent of those who Cayetano surveyed said the PRP ads caused them to change their vote and that small variable was all that was needed. PRP, backed by the Carpenters Union and contractors, paid $1 million for the attack ads.

Today, Cayetano's team is carefully going precinct by precinct, looking at where they can improve on that margin. Cayetano supporters are hoping to get 187,000 votes in a general election that could include as many as 286,000 voters (the average number of Oahu voters in the last three presidential-year general elections).

The PRP campaign is based on tearing down Cayetano's credibility, saying Caldwell is "trustworthy," while Cayetano as governor accepted political money that was illegally donated to him. There is no law in unknowingly accepting illegal contributions, the violation rests with the donor not the recipient.

Interestingly, the head of PRP, John White, ran unsuccessfully for the City Council two years ago and he accepted legal donations from at least one of the individuals named in the PRP ad as giving illegal contributions to Cayetano….

Pro-Rail Advertiser: Cayetano's rail alternative doesn't cut it “Last week, Cayetano turned down requests for debates at Hawaii News Now and KHON, while his opponent, Kirk Caldwell, accepted all four bookings that were offered.”

read … Effective Message?

Cayetano’s Alternative Would Require Legislature to Revisit GE Tax

SA: the financing plan is foggy. Laws would need to be changed to redirect the current excise tax set-asides for transit which, according to a 2006 attorney general's opinion, can't be used for "new public roads or highways." Uncertainty of a local funding source makes qualifying for federal dollars difficult, at best.

(The legislative plan is to split the 0.5% proceeds with the State, raise the GET on the sister islands and act like heroes because of all the other taxes that didn’t get raised.)

read … Cayetano's rail alternative doesn't cut it

Portnoy, ACLU Reject Hirono’s Four-Point ‘Litmus Test’ for Supreme Court

SA: U.S. Rep. Mazie Hirono and former Gov. Linda Lingle say they would not apply single-issue litmus tests to Supreme Court nominees if elected to the U.S. Senate, but Hirono would be more likely to consider legal opinions on abortion rights, health care reform, campaign finance and gender discrimination when evaluating potential judges….

(In other words, no restriction on taxpayer funded abortions, absolute support for Obamacare, campaign finance censorship laws, and gay marriage. Any nominee who doesn’t toe the line gets the boot.)

"Instead of using a litmus test, the only criteria I used was whether a judicial candidate will be objective in interpreting the law, and will refrain from making new law from the bench. Their role is to interpret the law, not to write new law, which is the province of the Legislature, who represents the will of the American people," Lingle said of her approach.

"Even if some senators do employ their own litmus test, I do not believe it is very effective because even if the federal judicial candidates answer your question, which they rarely do in congressional hearings, they never actually tell you what they feel one way or the other on controversial issues."…

Portnoy said senators have used the confirmation process to obstruct the president, particularly on nominees to federal appeals courts and district courts, leaving vacancies unfilled and placing a strain on the federal court system. According to the U.S. Courts, there are 76 judicial vacancies and 34 nominations pending, most at the district court level.

"The litmus test that's now applied to judges dealing with issues like abortion and affirmative action and gay rights and all these social issues have made the confirmation process very ugly," Portnoy said.

Steven Shapiro, national legal director for the American Civil Liberties Union, spoke with reporters in Hono­lulu last week about the Supreme Court and called the confirmation process "largely broken."

"We have to just reduce the level of rank partisanship and recognize that confirming a Supreme Court justice is a serious responsibility that requires serious thought and serious discussion, and shouldn't break down immediately and irrevocably along partisan lines," he said.

read … Hirono is mindless partisan hack

State explores TOD concepts along Oahu’s rail corridor

PBN: State officials are working with a Washington, D.C., organization to develop policies that could shape transit-oriented development near rail stations and other transportation systems.

They already have met twice with Smart Growth America, and a final meeting is scheduled for sometime in October.

Smart Growth America works with cities and states to promote development near transit systems to help people get around without using their cars. It is funded by the Rockefeller Foundation and is working with the state for free.

The City and County of Honolulu also has been a part of the process….

read … Rockefeller

Hirono Scores Million Dollar in Salary

NHN: Hirono has collected more than $1,000,000 in Congressional pay but has not had a single bill she sponsored become law.

Since being elected to the House of Representatives six years ago, Hirono has collected more than $1,000,000 in Congressional pay, and yet she has failed to guide any of the 49 bills she sponsored to become law.

read … Is Mazie Worth $1M?

UH Sinks Another $680K into President’s Residence

KITV: For the second time in as many years, taxpayers money is going to renovate what was designated as the UH President’s residence.

A long list of repairs is underway at College Hill.

It includes a new roof, windows and gutters, along with the installation of solar panel. solar water heaters and siding as well as plumbing and electrical work.

The base contract is $680,000 but the amount could exceed that if there are unforeseen problems.

But it wasn't too long ago that the university had crews working on the porte cochere, the back lanai and the guest cottage.

Two years ago UH spent close to a half a million on repairing termite damage.

Freshman Chelsea Cobb said she was shocked at the conditions in her first class on the first day of school in Miller Hall, where 40 students were crammed into a tiny room with no Internet and a broken air conditioner….

UH President M.R.C. Greenwood … opted to rent a luxury apartment at the Waikiki Watermark with the $60,000 housing allowance that UH regents approved….

Shapiro: UH can't escape grilling, with more in coming days

read … Construction at College Hill Mansion puts events on hold

UH Athletics bypassed routine administrative reviews

ILind: Most Manoa departments operate as part of a lengthy chain of command that involves going through reviews by department chairs, then assistant deans, deans, then several vice-chancellors, and finally the chancellor, most levels drawing on their own layers of fiscal officers and assorted administrators.

Athletics, on the other hand, is outside that structure. Former athletic director Jim Donovan apparently reported directly to the Manoa Chancellor, bypassing the additional normal levels of review.

According to Todo’s statement to investigators: “The Athletic Director reports to the Chancellor who reports to the President.”

It’s a very streamlined structure that bypasses normal university procedures all along the way.

ILind: UH concert appeared (briefly) on Stevie Wonder concert schedule

read … UH Athletics bypassed routine administrative reviews

UPDATE: Oahu Democrats Reject Dela Cruz Censure

SA: Oahu Democrats voted 25-6 against censure.

Dela Cruz (D, Kaena-Wahiawa-Pupukea), the chairman of the Senate Water, Land and Housing Committee, said the bill would have helped guide development in Honolulu's urban core and protect agriculture and open space by discouraging sprawl. But a coalition of environmentalists, progressives and Republicans fought the bill at the state Legislature, warning that it contained exemptions from zoning standards that were too permissive and 45-day time limits on project review that could lock the public out of the planning process. The bill died on the last day of the session in May.

The complaint against Dela Cruz was an example of the disappointment from the environmental and progressive wings of the party with Gov. Neil Abercrombie and majority Democrats at the Legislature, whom some activists say are too eager for development. The coalition that fought Dela Cruz's transit-oriented development bill has also attacked the senator for his support of the Public Land Development Corp., the development arm of the state Department of Land and Natural Resources.

But many within the party worried privately that the complaint could have a chilling effect on lawmakers, who might be reluctant to propose new ideas for fear of being shouted down.

The overwhelming vote against censuring Dela Cruz, some say privately, may have a calming influence.

A political party punishing elected officials for their policy work at the Legislature is rare. Democrats reprimanded state Sen. Mike Gabbard (D, Waikele-Ko Olina) in 2009 for actively opposing a civil-unions bill and undermining the party's platform on equality and civil rights.

Senate Bill 2927

read … Oahu Democrats Vote Against Dela Cruz Censure

Maui Democrats Organize Malihini Against Cane Burning

HNN: Protesters against burning cane lined an area along Dairy Road and Mokulele Highway, many of them wearing breathing masks as they held signs.

"I've only lived here 12 years but I'm very allergic to the cane smoke," said cane burning opponent Courtney Bruch, who was wearing a mask. "Sometimes I can't work or even go out when the burns are happening."

"I've been here for ten years, and four years ago I was diagnosed with lung cancer," said protester Richard Mealey, who wore a gas mask. "When they burn the fields, I cough steadily for two days."

"We're not against sugar, we're not against sugar for biofuel, we are not against HC&S. We just want to breathe clean air," said cane burning opponent Susan Douglas.

Meanwhile, dozens of supporters of HC&S, including current and former employees, turned out for their own rally. HC&S has been in business since 1898, and is the state's last remaining sugar plantation.

"The community wants to show their support for company," said HC&S mechanic Kelly Ruidas, who has been with the company for 15 years. "Part of that support includes the practice of burning cane prior to harvesting, and they understand why we burn cane."

Supporters also contend that stopping the practice of burning cane would put 800 people out of work.

"The effect of HC&S closing would be so destructive to Maui," said Doug Sheehan, who works at the Alexander & Baldwin Sugar Museum near the mill. "We'd have tourism and that's all we would have. And if tourists didn't come, what would we have? Nobody would be working."

"To be honest with you, it's kinda ridiculous," said retired HC&S worker Charles Jennings. "People come here and try to stop a lifestyle here on the island.”

read … Democrats Organize Malihini

34,000 Yellow Cards for new Voters Since Primary Day

BIVN: Hawaii County Clerk Jamae Kawauchi informed the State Office of Elections via email that the yellow cards for new voters or those who have changed addresses since the Primary Election deadline will be mailed out today, Friday, September 28.

The City and County of Honolulu Elections Administrator says there are around 4,500 yellow cards for Hawaii County. The City and County of Honolulu processes the lists on behalf of all the other Counties. Glen Takahashi says that number is not unusual–it’s comparable with the number of new or changed registrations in previous years and is consistent with other counties’ percentages. In Honolulu they mailed around 25,000 yellow cards on Wednesday. The other counties’ yellow cards also went out Wednesday, September 26.

(Guesstamate 34,000 new or change address voters since Primary Day. 25,000 Oahu + 4500 Hi Co + estimate another 4500 for Kauai and Maui.)

read … Yellow Cards

Criminal With 45 Convictions Arrested after Armed Standoff

HNN: Fox has a lengthy criminal past including an incident that happened just a few months ago.

"On April 16, at about 11:35 p.m., officers were sent to an offensively armed male on Iuiu Street in Waimanalo. Upon their arrival, they met with a male who stated that he had gotten into an argument with Fox, Fox pulled a handgun and fled. The put an APB on the vehicle he was seen fleeing in," says Sgt. Kim Buffett of CrimeStoppers.

CrimeStoppers says Fox was wanted on two warrants for failing to appear for trial and failing to comply with the terms and conditions of supervised release.

"Glad it ended peacefully, everybody's safe. That's the main thing," Mercado says.

Fox has 45 prior convictions. He is now in police custody awaiting charges

read … Soft on Crime

Kona Criminal Logs 74th Arrest, only 6 convictions

WHT: …11 people have been arrested in connection with the crime spree. Several of those arrested are facing offenses for hiding fugitives.

“We’ve dealt with them all before in similar investigations,” said police Area II Criminal Investigations Section Capt. Chad Basque.

The lengthiest rap sheet of all belongs to Joseph Narzisi, 25, of Kailua-Kona whose Hawaii arrest and conviction records date to February 2005. Narzisi, who also goes by the name Joey, has been arrested on suspicion of 74 offenses and convicted just six times, according to police and the data center.

Among Narzisi’s arrests are theft (14); burglary (3); car break-in (6); drug offenses (25); firearms offenses (8); kidnapping (1); assault (1); terroristic threatening (1); traffic offenses (6); and probation, furlough and bail violations and contempt of court (9), according to arrest records.

His six convictions include two felonies and four petty misdemeanors, according to the state data center. The two felonies are first-degree burglary and bail jumping, for which he served concurrently one year in jail and five years probation. The remaining four offenses include drunken driving, criminal contempt of court and failure to appear.

Narzisi was arrested during a late August warrant sweep in Kailua-Kona and charged with numerous narcotics and drug offenses. While still incarcerated, Narzisi was charged in mid-September in connection with a kidnapping case that occurred Aug. 21 in Kailua-Kona, according to police. During that incident, a suspect reportedly forced his way into a 26-year-old man’s home, assaulted him and threatened him with a firearm before forcing him into a vehicle where the threats and assault allegedly continued until the victim was able to escape.

Basque said Narzisi is well-known locally, but not the ring leader in the South Kona crime spree….

read … Soft on Crime

NZ Wave Power Device Heading To Hawaii After Oregon Test

ET: WET-NZ, the wave energy converter that became the first such device to plug into a new test buoy off the Oregon coast in late August, will soon move on to Hawaii for a full year of testing after winning a competitive funding grant from the U.S. Department of Energy.

WET-NZ was born in New Zealand, then developed into a second-generation, half-scale device in Oregon with Northwest Energy Innovations (NWEI) of Portland leading the project. The Oregon effort was funded largely with a $1.8 million DOE grant….

In Hawaii, WET-NZ will benefit from a testing opportunity that had started as a Navy program, but then was superseded with a $500,000 grant from the Department of Energy. The yearlong test will take place at the Navy’s Wave Energy Test Site off of Marine Corps Base Hawaii in Kaneohe Bay, on the island of Oahu.

The DOE said in announcing the funding opportunity that it expected “to select a proposed wave energy device that is substantially complete and ready for testing and data collection without significant modification.”

read … Heading to Kaneohe Bay

Ito: Prepaid Hinders Use of HSAs

Q: Should workers use health savings accounts, medical savings accounts or flexible savings accounts to set aside pretax money for medical expenses? What happens if they don’t use all of the money before the year’s end?

A: Health savings accounts (HSA) are tax-free savings accounts used to pay qualified medical expenses for individuals, spouses or dependents. Savings roll over every year and funds are portable. HSAs are open to everyone with a high-deductible plan. Contributions by individuals are tax-deductible (minimum and maximum deductions may apply), and contributions by employers are not included in taxable income. Contributions per year can be up to the amount of the policy’s annual deductible. Funds can be used to pay deductibles, co-payments, prescription, over-the-counter drugs with a doctor’s prescription, long-term care insurance, and premiums if the individual is currently employed.

Medical savings accounts (MSA) and flexible spending accounts (FSA) are tax saving accounts designed for qualified out-of-pocket medical expenses. In an MSA, employers or employees are allowed to contribute to a savings account on a pretax basis and carry over the unused funds at the end of the year. One major difference between an MSA and an FSA is the ability under an MSA to carry over the unused funds balances and earnings to accumulate tax free. Unused funds in an FSA are lost if not spent prior to the end of the plan year. Unlike FSAs, most MSAs are combined with a high-deductible or catastrophic health insurance plan. MSAs are generally limited to small business or self-employed individuals.

The Prepaid Health Care Act makes it hard for those with insurance from their employers to use high-deductible policies and HSAs and MSAs. That said, these devices are generally a good idea because high-deductible policies can save you money on your premiums.

read … HSAs

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