USDA on Dengue Mosquito Eradication -- Organic Farms Will NOT Lose Certification
SB2954: Hawaii to Join FBI Biometric Database?
UH Professors Banned from Sex with Students
Rule Changes: DHHL Releases Beneficiary Consultation Report
Rail officials: Tax extension may not be enough to cover project's rising costs
HNN: …Completion of Oahu's rail project is already two years behind schedule and the cost has risen to roughly $6.5 billion -- an increase of more than a billion dollars.
On Tuesday, during a budget hearing, City Council members grilled rail officials about whether they can cut costs.
Rail officials said the extra $1.5 billion expected to be generated by extending the half-percent excise tax hike by five more years might not be enough to cover the rising costs of building the 20-mile project.
"I sit here today and cannot give you certainty of what those bids are if the $1.6 billion is enough to cover 100 percent of those costs. I cannot give you certainty on that," said Don Horner, who chairs the Honolulu Authority for Rapid Transportation board chair.
Horner told council members the city is heading into the most difficult and complicated 10 miles of the rail line in urban Honolulu.
He's worried about the price tag of the remaining rail stations that have to go out to bid in an economy where construction costs have risen more than 10 percent.
"It isn't the change orders. It isn't the fact that we are spending on administrative costs or consultant costs, etc. The real concern if you're the HART board is not what we've bid already, it's what we're anticipating," Horner said.
Council Budget Chairwoman Ann Kobayashi, a longtime critic of rail, said residents are getting tired of hearing about the rising costs for the rail project.
"It gets very frustrating year after year of hearing these changes and it's the public that's suffering," she said. "They're the ones paying." ….
PBN: GET surcharge might not provide enough funding for rail
PBN: FTA to assist Hawaii in TOD development
read … Rail officials: Tax extension may not be enough to cover project's rising costs
Hawaii County Council Sets Hearing for GE Tax Hike
HTH: …The committee’s attempt to raise the general excise tax by one-half percent starting in 2018 was met with public resistance as several people told the county it needed to better manage the money it already gets.
The committee ultimately agreed to send the measure, Bill 165, to an April 19 public hearing in Kona before it goes to the council for an official vote. The committee voted 6-0, with Hamakua Councilwoman Valerie Poindexter, Hilo Councilman Aaron Chung and South Kona/Ka‘u Councilwoman Maile David absent….
The GET surcharge would bring in about $25 million more annually.
Residents from all over the island made their views clear — raising the general excise tax is a bad idea. About a dozen came to speak in person or submitted written testimony, all in opposition.
Bill Bugby, of North Kona, called the excise tax “a hidden tax, a very pervasive tax,” that’s added into all stages of the supply chain.
“Really, in many ways, it’s immoral,” because it’s applied against food and medicine, he said.
Dick Matsumoto, testifying from Waimea, said, “You don’t run things efficiently and when you need money, you raise taxes and the people suffer.”
“The only good thing about this bill is it’s coming in an election year when the public will know which elected official wants to dip into their pocket,” added Steve Lopez, testifying from Kona.
Mark Gordon of Waikoloa, said “county government should investigate ways it can become more effective and utilize the funds it has. … This increased tax would impact all Hawaii County people, especially hard hitting to those lower income families.”
Albert Nakaji of Papaikou noted residents pay each step of the way with general excise taxes.
“There will never be an excess of money because government will always spend it when it becomes available,” Nakaji said. “Tax increases should always be viewed as the very last resort in government operations. … Not until every last improvement in efficiency, cost control and management has been exhausted should it ever be considered.”
“Any increase in the general excise tax is an increase to our cost of living as well as our cost of doing business,” said Joy Dillon, in Hilo, reading a letter from the Hawaii Island Realtors.
“When we consider all the goods and services that go into building a house, the price of those goods and services, and the added tax that the consumer will end up paying should the GE rate increase, it will be in the thousands, not just a few cents,” Dillon said. “The impact to affordable housing in Hawaii County should be top of mind when considering this measures.”
Across the island, Mayor Billy Kenoi said he supported the GET increase during a speech to the Kona-Kohala Chamber of Commerce….
“When will the state and counties finally realize that they can’t keep increasing taxes. We live in the highest cost of living state in the nation and I find it quite unbelievable that raising any kind of tax is even being discussed,” Kailua-Kona resident John Boeggeman said. “You were not elected to increase our taxes. Find other ways. … Raising taxes is the easy way out.”
read … $25M Tax Hike
Hawaii Needs State-Run Presidential Primary
CB: …The entire system of caucusing should be abandoned and replaced with a state-run primary that would afford all citizens an equal opportunity to cast their votes. The caucus system, both in the fact that there are different tiered values in votes and that there is limited access to the voting booth, is in essence designed to limit the general population’s involvement in the democratic process. As such, the current system gives a select few too much power over the destiny of our country.
In this day and age everyone who wishes to be included in the process should be included. Included, and respected, with an equal share in its outcome through a simple one man one vote system. It is my opinion that no other method could in anyway be called democratic….
March 29, 2016: Rep Mark Takai: Hawaii Should Switch to Presidential Primary System
read … An Idea Long Overdue For Review
Telescope: Did State take Shortcuts or are the Judges Just Making it up as they go Along?
CB: After the state Supreme Court ruled in December that the Board of Land and Natural Resources broke its own rules in granting the project a permit in 2011, the board had to start over….
The whole affair is a classic example of state leaders cutting corners to ensure the outcome they want rather than trusting the legal process to yield the best result. Had the board simply followed usual — and legal — procedures in evaluating the permit application, it might well have ended up with a properly granted permit; and construction of the telescope might already be well underway.
(No. The whole affair is a typical example of Hawaii Judges making the law up as they go along in order to help OHA collect undeserved rent.)
even Judge Amano’s appointment carries with it a controversy in which the board’s judgment once again is being called into question. An attorney for the Native Hawaiian cultural group Mauna Kea Anaina Hou and other interested parties says that the board hasn’t followed its own rules for delegating the authority for the hearing to Amano. (And to say it is to make it true, right?)
Lawyer Richard Naiwieha Wurdeman contends the board was required to hold a public hearing on the matter first — a step that was skipped. Now Wurderman tells Civil Beat he’ll file formal objections to Amano’s selection sometime before the April 15 deadline the board has set for complaints on the issue. (And when the ruling comes down in Wurdeman’s favor, his assertion will suddenly be truth. See how this works?)
All of which may add to the undetermined time it will take to make a final decision on TMT’s future on Mauna Kea. And that may be time the project doesn’t have: TMT officials have popped up in news coverage making visits to alternative sites on three continents. (Yup. The rest of the world doesn’t have time for this bs.)
REALITY: Enviros win 90% in Hawaii Supreme Court
MORE REALITY: How A&B Wins Big From Environmental Litigation
AND EVEN MORE REALITY: Telescope: For OHA, it’s all About the Rent Money
read … The State Must Be Held Accountable On TMT Process
HB2501 Secretly Amended to Strip Water from HC&S
SA: …Alexander & Baldwin would no longer be eligible to retain the rights to millions of gallons of water that for decades it’s diverted from Maui streams under amendments made to a hotly contested bill that was approved by the Senate Ways and Means Committee this week. (Now OHA will own the water and sell it to Maui County.)
Ways and Means Chairwoman Jill Tokuda said she tweaked the language of House Bill 2501 so that it would apply only to 10 other water permit holders, including ranchers, farmers and utilities, throughout the state — and not A&B.
“We actually took them out of the bill,” Tokuda told the Honolulu Star-Advertiser on Tuesday.
However, it’s not clear whether members of the Senate Ways and Means Committee understood that when they voted 9-2 in favor of the bill during a hearing held Monday. Some committee members said afterward that they were under the impression that A&B would still be covered under the revisions.
“That’s a surprise to me,” Sen. Sam Slom said when told that Tokuda had changed the bill to exclude A&B. He voted yes on the bill, but with reservations.
He noted that committee members aren’t always given copies of amendments before a vote.
But the effect of the changes was clear to A&B officials, who have been pleading their case to lawmakers, arguing that without HB 2501 the water to 36,000 Upcountry residents could be cut off and their plans to switch their sugar cane fields to diversified agriculture jeopardized.
Chris Benjamin, A&B’s CEO and president, expressed disappointment in the changes but said he was glad that the measure would apply to other water permit holders.
read … Maui Dust Bowl Followed by Condos
SB2559: Performance Contracts for Homeless Shelters
SA: …When nearly 600 shelter beds remain empty on any given night across the state, there’s an obvious disconnect between the thousands of homeless individuals and families sleeping in public spaces and the shelters set up to house them.
That reality has raised eyebrows and red flags among lawmakers who are pushing for greater oversight on how homeless shelters spend about $13 million annually in state funding. Senate Bill 2559 seeks to make shelter space more accommodating while also tying state funding to performance measures….
the stepped-up pressure on providers could force a shift in how agencies conduct business, nudging them to be more innovative with outreach or form partnerships with other agencies in order to fill shelter beds.
The legislation signals loud and clear that shelter providers must move beyond the concept of “build it and they will come.”
Under SB 2559, by contract the Department of Human Services “shall pay homeless shelter stipends only for performance measures actually achieved by the provider agency, such as the number of homeless families or individuals actually provided with shelter and appropriate services at the emergency or transitional shelter.” …
The proposal also is receiving pushback from shelter providers, including the Institute for Human Services, which noted that requirements for partitioned sleeping spaces would decrease its capacity. IHS occupancy averaged 78 percent in shelter for women and family while the men’s shelter held at 80 percent.
read … Partition
Entire State Runs on Temporary Hires
CB: …Among the many agencies testifying in opposition to HB 2008 was the Department of Accounting and General Services, which said the hiring practice serves as “an important stopgap mechanism” for human resources departments “to keep operations running during the temporary vacancy of essential positions.”
Here’s a sampling of other opposition testimony:
• The Attorney General’s Office said its investigations division relies on temporary hires as it conducts criminal investigations, administers investigations concerning issues arising in the workplace, and prepares defense in civil litigations on behalf of a number of groups, including the Judiciary, the Campaign Spending Commission and the Department of Transportation.
• A specific investigation of the Hawaii State Hospital is being conducted by the AG’s Office. The Department of Health said that the temporary investigator is responsible for timely completion of of a report looking into abuse and neglect at the hospital. If 89-day hires are eliminated, DOH said the investigation may be jeopardized.
• The Department of Public Safety says the restriction called for in HB 2008 would “impose undue restrictions” and hamper the department’s ability to operate effectively. Temporary hires are for “hard-to-fill” jail and prison staffing positions such as social workers and adult corrections officers.
• The Department of Land and Natural Resources says HB 2008 “will cripple” its ability to continue operations managing public lands, water resources, minerals, forest, fish and game resources; and forest reserve and state parks, including historic sites….
HB2008: Text, Status
read … Temporary State
Honolulu Zoo Tangled up in Caldwell’s Red Tape
SA: …The city continues to raise its expectations for the Honolulu Zoo Society to generate more operational funding to support the zoo. However, in many respects, the Zoo Society is hamstrung in its efforts to do so. For example, the annual Zoofari Gala (Honolulu Zoo Society’s largest fundraiser) is no longer held at the zoo, limiting the gala’s attraction of bringing donors to the event.
Also, in most successful zoos, animal encounters with the public serve a dual purpose as an educational and fundraising endeavor. As an example, at the San Diego Zoo, you can go behind the scenes and have your picture taken with a live cheetah, or feed the elephants, or feed the hippos, etc. These zoos generate the much-needed dollars through their animal education and interaction programs to support infrastructure and facility improvements.
At the Honolulu Zoo, these animal encounters are restricted because of the city’s concern of liability, which could be mitigated through the installation of proper and multiple safety enclosures, training and education. With these measures in place, it would be a minimal risk with high return, in my opinion.
A recent news article said the city and the Zoo Society need to work more closely together (“Officials urged to ‘step up’ on zoo,” Star-Advertiser, March 28). Absolutely. But many of the city government’s procedures severely impact this relationship.
For example, on average, it took over two months for the Zoo Society to get approval to conduct a program. In many cases, programs were dropped because timely approval or disapproval was not obtained. This is very frustrating for HZS staff and volunteer board members….
read … Red Tape
Kenoi Speech to Kona Chamber-Nobody Asks about Criminal Charges
WHT: “We’re at a better place in April than we were back in November,” he said.
Kenoi’s talk and the question and answer session after didn’t bring up Kenoi’s legal circumstance. But Kenoi, who was indicted March 23 on theft and tampering charges in relation to alleged misuse of his county-issued purchasing card, said during his speech that one of his proudest accomplishments during his tenure ….
“To bring our community together collectively,” he said of the achievement.
Best Comment: “Of course the elephant in the room did not come up. Everyone is trying to pretend that the criminal who just gave the speech is somehow a immune to the laws of the State he is supposed to be protecting. Billy the Sacred Cow.”
read … Know Nothings
Scheming to Grab More SPED Megabucks, DoE Pushes ‘Inclusion’—Claims Everybody Agrees
CB: …Nationwide, about 62 percent of special education students spend at least 80 percent of the day in a traditional classroom; in Hawaii, only 36.3 percent of students do.
2011, when fewer than 16 percent of special education students in Hawaii met that 80 percent mark. But 36.3 percent is not enough, special education advocates, Department of Education administrators, and teachers told a Board of Education committee Tuesday.
“It’s an ethical issue,” Patricia Sheehey, an associate professor at University of Hawaii Manoa’s College of Education, told the BOE. “We shouldn’t be asking, ‘Does inclusion work?’ but ‘How does it work? What can we be doing to make it work?’”
(Translation: Its about money. Do not question me.)
Although everyone seems to agree on the need to improve special education and increase inclusion rates, (Translation: If you don’t go along, you don’t exist.) the state faces some significant challenges in turning those numbers around….
REALITY: Special Education Charters Renew Inclusion Debate (B-b-b-but if everyone agrees how can there be a ‘debate’?)
FORCED ‘INCLUSION’: DoE Spends $3M/yr Suing Disabled Children, Forces Closure of Loveland Academy
read … SPED Scheme
DoE: $1.7B to Cover Hot Schools Hype
KHON: …According to the DOE, it had planned for the air conditioning units to undergo final inspections and project acceptance sometime between November 30 to December 31, 2016.
But based on the DOE’s revised schedule, final inspections and project acceptance has been pushed back to January 11 to February 8, 2017.
KHON2 has also learned more than 350 portable classrooms are covered in heat reflective material, 137 classrooms now have ceiling fans and the DOE has bought more than 400 portable AC’s to cool the state’s hottest classrooms.
The DOE says it will cost an estimated $1.7 billion to add AC at all schools, but could there be a cheaper way to keep classrooms cool?
read … $1.7B
Police reform measures Pass House Finance Committee
CB: Senate Bill 2196 passed unanimously and without much discussion. The bill sets the stage for the state to create an independent review board to oversee the criminal investigations into officer-caused deaths and injuries….
Another measure passed unanimously by the Finance Committee Tuesday —Senate Bill 2755 — would create a statewide standards and training board for police officers.
Hawaii is the only state without such as board that sets the minimum training requirements for law enforcement officers.
read … Police Reform
Oahu judge will preside over case involving Hawaii County Mayor Billy Kenoi
KHON: …According to a court document filed Tuesday, First Circuit Court judge Dexter Del Rosario has been temporarily assigned to the Third Circuit Court.
“This assignment shall be effective immediately upon the filing of this order and shall expire upon completion of all matters related to the aforementioned case,” wrote Mark Recktenwald, Chief Justice of the Supreme Court of Hawaii….
Kenoi pleaded not guilty in court last week to eight counts including theft, tampering with a government record, and false swearing over his alleged pCard misuse.
He previously admitted to using his pCard on personal items such as $1,200 for a surfboard and nearly $900 at a Honolulu hostess bar, though none of these charges were mentioned in the indictment. Statements show he also spent tens of thousands of dollars on travel, meals, and drinks.
His trial is set for July.
read … Judge
Star-Advertiser Sues to Keep Court Records Open to the Public
EP: After a high-profile sexual assault case involving a state Department of Land and Natural Resources law enforcement officer hit the state of Hawaii in January, prosecutor Mitch Roth moved to petition District Judge Barbara Takase to seal the case records, stating the underage victim’s right to privacy as his reasoning.
Once the records were sealed, the Honolulu Star-Advertiser quickly fought back and requested the Hawaii Supreme Court bar Judge Takase from sealing any additional case records….
After the Star-Advertiser filed its petition, Roth refiled the documents redacting the victim’s name—allowing reporters access to the files. The Star-Advertiser reported that Roth called the paper’s case “moot.”
But it wasn’t enough for Bridgewater. The petition wasn’t about having access to the records; it was about a principle the paper must uphold. Bridgewater said he’s hoping the time and money the Star-Advertiser has spent (the process will cost several thousand dollars) will prevent judges from improperly sealing court records in the future.
ILind: Star-Advertiser legal challenge gets E&P attention
read … Keep Court Records Open to the Public
Push is on For Massive Property Tax Hike
HNN: …could Hawaii's low property taxes actually be a bad thing?
That's what social service providers are arguing. Here's why: "Our low property taxes result in more non-residents investing in real estate, driving up prices for people who live here," said Gavin Thornton, co-director of the Hawaii Appleseed Center for Law and Economic Justice.
Roughly one fourth of all housing in the islands is owned by people who don't live here.
"That is a quarter of the housing pie that is missing for a community that's starving for affordable housing," Thornton said.
(Yup. They are trying to convince you that paying more in property taxes will make housing more affordable. Are you dumb enough to fall for this?)
A 2015 analysis by the Tax Foundation, a Washington, D.C.-based tax policy thinktank, concluded that Hawaii's average effective property tax rate on owner-occupied housing was .28 percent, the lowest in the nation. Rounding out the bottom three were Alabama (.43 percent) and Louisiana (.51 percent).
New Jersey, by comparison, had the highest effective tax rate -- at 2.38 percent.
Service providers point out that low taxes not only make Hawaii's market more attractive to outsiders, they mean less revenue for county governments…. (Good. Fewer HGEA members playing solitaire on Wang computers.)
A bill moving through the state Legislature is calling for a study to find the answer to that question.
Thornton says carefully crafted legislation is the key. The central question: "How can we increase property taxes for the non-residents, the folks that don't live here, to help discourage some of the investment from the mainland that's taking up the housing stock?"
read … Massive Tax Hike
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