Showing posts sorted by relevance for query Lydgate. Sort by date Show all posts
Showing posts sorted by relevance for query Lydgate. Sort by date Show all posts

Tuesday, June 2, 2009

UNEARTHING THE BONES OF CONTENTION

UNEARTHING THE BONES OF CONTENTION: The Kaua`i County Council usually has seven committees that, like the full council, meet on alternate Wednesdays with each councilmember chairing one or another.

And pity the poor chair who has a hot-potato or political football dumped in his or her lap. Or pity the poor bill or measure because often it is deferred indefinitely to flounder forever in committee purgatory, usually awaiting a “response” to questions for the administration combined with a committee chair’s reluctance to “rock the boat”.

Such was the case with Bill 2149, which was supposed to allow camping at Lydgate Park when it was introduced in September of 2005.

But when the bill hit the council’s table it turned out that, in the finest “fire, ready, aim” tradition of the administration of the Late Mayor Bryan Baptiste, the campground had already been constructed without the approval- or even knowledge- of just about anyone.

Anyone that is except current Mayor Bernard Carvalho who, in Batiste’s haste to get the area south of the traditional Lydgate area “cleaned up” was appointed to a head a secret “Mayor’s Advisory Task Force” in conjunction with his appointment to a newly created (just to give Carvalho an important job) “Office of Community Assistance”.

The problem was that Carvalho and the handful of county employees who filled out the force failed to check with anyone and even had it built without asking anyone about American with Disabilities Act (ADA) requirement... anyone including the Mayor’s ADA coordinator and the Mayor’s ADA Advisory Council.

It was even worse when it was found that the bathrooms were insufficient to handle the number of campers projected and there were no county employees to clean the place, much less enforce the camping regulations, much less provide 24 hour security for the area, much less a half-a-dozen other things.

At the time it was apparent that a few camping areas that were already built would have to be completely torn out and rebuilt to comply with the ADA. Plus the camp grounds were to become the first “paid” camping area under county administration and the scheme for fees and the number of campers in each area seemed to have been pulled out of someone’s er, sleeve.

After the councilmembers outrage subsided a bit, it became obvious that at least the issues would need to be resolved before anyone started camping in the area.

The last time anyone ever saw the bill it was deferred awaiting Carvalho’s answers to 11 questions posed on January 2006 when, a year or so later he was again asked to answer the questions in March of 2007.

The bill has suddenly resurfaced at the request of Parks and Transportation Committee member Tim Bynum who had chaired the Parks and Public Works Committee at the time and had been snubbed by Carvalho with his 2007 request for info.

Bynum came to the council by way of his leadership of the “Friends of Kamalani”, the citizens group that took up unofficial but de facto leadership of the entire Lydgate Park and bike path project that snakes it’s way through the park until it hits the end of the campgrounds and loops back on itself rather than going on it’s merry way to Nawiliwili where it may, someday- if there’s a lot more money forthcoming- come to a final terminus.

The administration was granted a deferral again last Wed. and has promised to be there next Wed. to answer the 11 questions and probably many more.

But while a select few know what the rush was that caused the campgrounds to rebuilt without any regard to the issues it’s existence raised, most don’t.

So a little history lesson is in order.

It actually goes back to Mayor Maryann Kusaka’s crusade to chase the local gay community from Kuna- aka Donkey- Beach back in the 90’s which itself is intimately tied into the origins of the bike path and the rise of Kusaka’s protégé Baptiste.

Kusaka’s efforts to roust the gays who held weekly campfires at the beach were quite public including calling for their removal at a press conference where she held up apparently used condoms that she said she personally collected in the area.

Then she got a group from her church to cut down trees and brush that shielded the beach from view from the cane road, all without the necessary SMA permits, causing members of the public to call for a criminal investigation.

This effort led to the attempt to receive the “gift” of the beach area from Kealia Kai owner and developer Tom McCloskey who shared Kusaka’s homophobia and tried to attach restriction to the deed to the land that included 24-hour golf-cart-roving security and nighttime closings of the area so as to also create a private beach for those who bought million dollar house sites in his agricultural ocean view subdivision.

And it would relieve him of a taxable yet useless for development parcel and, with the restrictions, still maintain control of who used the park.

Baptiste was the councilmember who introduced the deed for the area declaring the deal to be ready for approval upon submittal. But then Councilmember Gary Hooser saw the Trojan (no pun intended) Horse nature of the deed and delayed it for months until McCloskey gave up on many of the restrictions on the “county park”, angering Kusaka and Baptiste.

When Baptiste was publicly embarrassed by the revelation that, despite his statement that he had “just met” McCloskey at the council meeting, he had had breakfast with him that morning, Baptiste- after meeting with the brains behind the operation, Kusaka- came up with the plan for a Bike Path.

It would begin at the “gift parcel” and go all the way to Lihu`e. It would be paid for with $40 million in a federal “bike path for transportation, not recreation” grant and the 20% county matching share would come from the value of the land “gift” from McCloskey.

Of course that money and match are long since spent and the commitment to finish the transportation bike path remains the county’s responsibility, thus far costing at least another $10-15 million just to complete the chunk that ends at Lydgate- about half of the proposed length.

But the bike path isn’t the only “connection” between Kuna and Lydgate

With the public scrutiny- and many “incidents” of threats and even assaults by other church members who were now alerted to the “’scourge’ of the gay community at Donkey Beach”- they found a new area to congregate... the overgrown area south of Lydgate Park.

That was too much for Kusaka who was now on a new additional crusade- not just to rid the new area of dreaded homosexuals but to do so by extending the “bike path” into the area and then opening up a new campground- even though Lydgate camping was shut down years earlier because of drunken rowdiness and reports of drug dealing in the area up by the “big” pavilion.

When administrations changed and Baptiste replaced Kusaka he put his protégé, Carvalho, in charge of putting in the campgrounds- and to do it quickly.

Baptiste formed a “take force” without telling anyone and before anyone really knew what was happening the campgrounds were planned, built and installed all with no notification of the public or seemingly, many on the council.

They had blindly gone about it without complying with county and state codes for things like facilities and of course ADA compliance. But in a fait accompli they had “developed” the area removing the “undesirable element”.

The bill will be take up at the Wed. June 10, at the Park and Transportation Committee meeting sometime after 9 a.m. in the council chambers at the Historic County Building in Lihu`e.

Monday, July 11, 2011

CRETINS FORM THE BLACK LAGOON

CRETINS FORM THE BLACK LAGOON: It doesn't take an engineer to know that the county's effort to dredge and restore the Morgan's Pond's at Lydgate has resulted in a mammoth mess of suspended silt permeating the once pristine pools.

Perhaps the fact that there wasn't one there at last Wednesday's meeting is why Kaua`i County Council members and administration officials took it upon themselves to decide to do nothing about it and kick the can down the road for at least four months.

But that's what happens when you appoint your otherwise-unqualified, former campaign manager to head up the Parks and Recreation Department- as Mayor Bernard Carvalho did with Lenny Rapozo- and then fail to consult the engineers in the Department of Public Works (DPW) on a project like this.

It's no wonder County Engineer Larry Dill wasn't the the one sent in response to the council's "request... for the Administration to provide the Council with a status report on the Lydgate Pond Restoration Project" and Rapozo showed up- because Dill, who is new to the county, might have told the truth- that the ponds could be screwed up for years due to county ineptitude and negligence in allowing the project to proceed the way it did.

Rapozo tried to paint a picture of a normal result of the project, telling the council that it will only take six months to get rid of the "turbidity"- a fancy word for the mud and muck suspended in the pool- if we "let mother nature take it's course" and do nothing.

But between Rapozo's "don't worry be happy" message he also described what actually happened.

Seems that the idea was to dredge the "sand" that had accumulated over the last almost 50 years and use it to replenish the beach. But instead what happened instead, and "surprised" the county according to Rapozo, was that the "sand" only went about three feet deep and below that was pure silt and muck.

Not only that but the sand itself was so full of trash and mixed with the silt that the state Department of Health won't let them use it on the beach so it sits in a pile now- replete with "coke cans" and "cigarette butts" according to testimony- with no one knowing quite what to do with the mess.

And, according to many who have actually been in the pond, anyone attempting to stand up in it will sink at a foot or more into the bottom "like quicksand," as it was described.

So in other words despite a decade-and-a-half of planning and obtaining the permits no one bothered to take a core sample to see what was there and just assumed it would all be pristine sand, not the garbage-strewn silt-sand mix that was actually present.

The real problem in fixing it is that when they dug up the giant boulders that had fallen into the pool from the barrier "wall" that created the ponds, and piled them back on it, it created a situation where all that 50 years of silt that had come from the adjacent Wailua River mouth and flowed into the ponds is now "sealed in."

And of course it will keep out any sand needed to cover the quicksand.

The Lydgate ponds are, of course, one of the "jewels" of the island- a must see attraction for tourists and a mainstay for local parents and their keiki. It also is- or was- one of the most recommended snorkeling locales in Kapa`a/Wailua where, according to many, the Kapa`a area snorkel rental outlets are still sending their customers.

As a matter of fact the whole mess has resulted in a new activity for many local people- standing around and watching what happens when the tourists- especially those with rented snorkels and fins- come out covered in muck after 30 second dip in the muddy mess.

Apparently the project was done without involvement of the DPW building and engineering divisions and may be one of the reasons why Carvalho has recently ordered all capital improvement projects be run through DPW.

But that won't change the past or clean up the mess at Lydgate, the perusal of which was deferred without action until November by the council.

Meanwhile, for those that claim there's nothing to do on Kaua`i, there's a new show down at Lydgate... watching the pissed-off, muck-caked tourists struggle to free themselves from the quicksand.

Thursday, December 4, 2008

$43 MILLION- CHEAP

$43 MILLION- CHEAP: Tonight’s meeting on the future of the bike path- specifically the proposed segment between Lydgate and the Lihi boat ramp- should be a humdigner especially if a widely distributed email sent by Sierra Club stalwart Judy Dalton has any effect.

Seems she has joined the growing number of people who are upset over one thing or another but still “support the path”,

As we detailed a couple of weeks ago even though almost every single particular aspect of the ribbon of concrete has brought news of illegalities, boondoggles and just plain boneheaded lack of planning or cohesiveness, everyone seems to still be on the conga line to support the illegally conceived and executed costly monstrosity.

The latest absurdity is the proposal to put that path on a wooden boardwalk right ON Wailua Beach.

Dalton writes:

If you care about protecting beaches and would like Wailua Beach preserved in its natural, untouched state, please come to the Department of Public Works public informational meeting Thursday evening, December 4 at 7pm at Lydgate Beach Park.

Public Works will present plans for the multi-use path from Lydgate Beach Park to Kapa`a. One path segment includes a boardwalk to be constructed on Wailua Beach. The public could use the question and answer period to ask them to consider one of the alternate routes....

Since Wailua Beach is eroding and faces challenges due to global warming sea level rise, the boardwalk covering the sand dunes could jeopardize the beach's survival. Beaches are dependent upon sand dunes (dunes are flat there) to replenish lost sand. So, no sand dunes equates to no future for the beach.


To comply with environmental laws, a shoreline certification should be completed within 6 months prior to commencement of construction. The results from an up-dated shoreline survey could possibly preclude the boardwalk from being built on the beach, so we need to get assurance from Public Works that they will comply with the law and not allow the requirement to be waived under any circumstance.

But despite the controversies over shoreline setbacks, new illegally imposed “park rules”, the closing of portions formerly open areas, dog-walkers and a myriad of other results of having the usual gang of idiots in charge, one bit of information has escaped reporting in the local paper or anywhere else- the latest cost projections revealed in the council-required quarterly report presented to the council at their November 19th meeting.

The article in the local paper had plenty of information about the threats from then councilmember now Prosecutor Shaylene Iseri Carvalho’s equating walking on a closed portion of the path to shoplifting a blouse- and the implied threat to treat it as such when she gets such a case- there was nothing about Deputy Parks and Recreation Director Kaylan Dela Cruz’s report on how much more it’s going to cost to “complete” the path- a requirement of the original federal grant

According to Dela Cruz’s report that amount is estimated to be at least $42.431 million more and that is basically just the cost of the path’s planning and construction, not the purchase of the land below it or the condemnation process if the owners won’t sell.

The original $40 million that was supposed to cover the entire path from Kalapaki to Anahola came from a federal program designed to enhance “primarily for transportation, not recreation” bike paths which somehow has illegally morphed into what is now called a “multi-use path” by county workers and the lap-dog local press... making high speed bicycling an impossibility.

But that money is gone and guess what? The path- which was originally said to “not cost the county a penny”- is now going to cost taxpayers a pretty one.

To date the county has spent $347,000 according to Dela Cruz’s report.

According to Dela Cruz there is $7 million we’re trying to wheedle out of the state transportation “STIP” fund- money which, despite the desperate needs for money for highway expansion in the absurdly congested Kapa`a-Wailua corridor will now go to the bike path.

But the big news is that the Parks and Rec Department’s new head- Bernard Carvalho crony Lenny Rapozo- will be asking the council for at least $15 million that the county doesn’t have.

When outgoing councilperson Mel Rapozo- who with his pal Iseri has been the only thing standing between a total lack of transparency and accountability on the path for the last few years- asked where that $15 million was going to come from, Dela Cruz, in archetypical department head fashion answered” I’ll have to get back to you on that”.

Although it’s unclear where the other $21 million is coming from councilmembers added two and two and actually got four for a change, suggesting that perhaps we could tack it onto the upcoming bond float the county has postponed until more favorable conditions for it develop- most likely more than a year from now according to then Council Chair Jay Furfaro.

The bond float- estimated to be more than $100 million- will be going mostly to replace three aging wastewater systems that the federal EPA has told us we have to replace- and soon. It also has been proposed to do everything from fixing county roads to replacing stadium lights that are killing endangered birds (also a federal mandate) along with some other pet projects for which councilmembers don’t want to spend any money they are accountable for, but rather will be putting on the budget for future councils to deal with.

And there no telling whether the feds will wake up to what we did with their $40 million in bike transportation money by turning it into a dog walking path and ask for the money back.

Or whether the state or federal EPA will look at the illegally segmented environmental assessment process that measures only the impact of short segments of the path rather than look at the project as a whole. they could well require us to tear it out and start over again as has happened to projects done with similarly segmented assessments on the mainland.

So let’s get this straight- we’re going to go into debt, not to fix our dilapidated infrastructure and build new stuff to keep up with the lack of Planning Department’s willy-nilly development schemes, not to provide county services to those who will undoubtedly need them in the coming economic depression, not for a hundred other necessities but to finish building an illegal ribbon of concrete (or in the case of Wailua beach a wooden one) at the water’s edge (or in this case through the Safeway-Foodland parking lots and across the busiest highway intersection on the island).... one that has had community opposition to almost every aspect along the way.

Dalton’s plea for community opposition to the boardwalk at tonight’s meeting ends with a plea from a Wailua resident, He says:

I understand the intentions of the Path. I'm just committed to saving this piece of heaven before it's too late. The Path is one thing, the beach is another -- why combine them? Keep them as two wonderful, different things.

Once again schizophrenic Kaua`i speaks out of both sides of our mouth. The question is how can we blame the “What, me worry” county government for doing the same?

Monday, August 1, 2011

YOU GOTTA BELIEVE- YOU JUST GOTTA

YOU GOTTA BELIEVE- YOU JUST GOTTA: Kaua`i Council Chair Jay Furfaro probably regrets saying many things but none more than his indictment of the county's various administrations- their oft-cited penchant "ready, fire, aim" management.

It's looking like another fiasco is in the making as the council once again considers an eight-year-old bill to re-establish camping at the popular Lydgate Park despite the fact that nothing has really changed- at least for the better- since the bill was shelved back in 2005.

Back in the 70's Lydgate was thought by haoles to actually be spelled "Lid-gate" where mainlanders could easily purchase a "lid" of pakalolo from one of the locals' back-yard "money trees," leading to a wild-west milieu and eventually a murder that ended camping there.

The bill was snatched from the jaws of passage out to the full council at last Wednesday's Public Works Committee meeting by Councilperson Mel Rapozo's request for a deferral for two weeks after the rest of the council didn't seem to care about the myriad lies and coverups from Parks and Recreation Department Director Lenny Rapozo.

Lenny Rapozo was aided and abetted by Furfaro who, as usual, put public testimony up front before Rapozo was questioned by the council, making sure that no one but the council itself could point out the naked nature of the emperor.

The biggest dirty little secret of the whole camping at Lydgate venture- other than that virtually no one thinks it's a good idea- is that there is one, count 'em' one, regular men's toilet for the whole campgrounds.

When camping is in full swing it is expected to accommodate up to 400 campers and that doesn't include those using the nearby three soccer fields who are also expected to use the same facilities.

Oh, and by the way, that toilet is broken.

But when council watcher and "nitpicker" Glenn Mickens asked Furfaro about the fact that the number of toilets didn't come anywhere near the state Department of Health (DOH) standards for people-per-potty, Furfaro tried to go into one of his classic misdirectional spiels about how the bathrooms were now American with Disabilities Act (ADA) compliant.

When Mickens tried to clarify what he was asking Furfaro threw one of his puffy-chested hissy-fits chiding Mickens for interrupting his non-responsive answer and refusing to not answer further until later in the meeting when no one was there to stop him from not answering.

The obfuscation didn't really get going until Rapozo took the hot seat, but first the United Public Workers union rep told the council that the three workers that were agreed to back in 2003 were no longer sufficient. With the additional soccer fields and the 150% increase in usage of the park now, even without camping they could barely keep the park clean, especially after picking up dog poop from the dog path first thing every morning.

Even worse were their concerns about workers' security and enforcement issues with overnight drinking permitted in county parks, not to mention the location of the park- snuggled between resorts in the middle of the visitor destination area, directly adjacent to the town of Wailua- and the lack of park rangers after 10 p.m.

The bottom line is apparently that Lenny Rapozo won't budge on the number of maintenance workers- an obstacle which councilmembers also tried to play down so the bill could be passed and the increase in cost for running the campgrounds could be dealt with later, no doubt as a "surprise" to the council.

One of the great moments came when Furfaro was finally free to do his "chronology" without Mickens there. First he told the union rep about the ADA compliance of the bathrooms- failing to mention how the whole campground had to be ripped out and rebuilt in '04 under then "Community Assistance" Director, current Mayor Bernard Carvalho.

Carvalho had authorized putting in the ADA campsites without any clearance or even consultation with either the state disabilities board or the mayor's ADA coordinator, whose office was just down the hall from Carvalho's.

The way they were constructed, people would have had to get out of their wheelchairs and crawl on their bellies to get onto the camping platforms, according to testimony at the time.

Furfaro was describing how the now-almost-rebuilt pavilion in the campground had burned down. The union rep asked "when was that?"

Furfaro responded "at night."

Anyway Rapozo was questioned by Councilmember JoAnn Yukimura whose first question was whether the ADA requirements were done and whether they "satisfied (and were) approved" by the DOH.

Rapozo answered that the "retrofits" were "done."

"Done?" asked Yukimura, seeming perhaps to have differing information.

"Well, in process," said Rapozo, who now admitted that they are still doing the "modifications" and, in answer to when they would be done told the assembled that the pavilion would be done "next week" and finally, after further prodding, that the ADA retrofits would be done "soon thereafter."

Following that little tooth-extraction Yukimura continued asking about the DOH requirements to which Rapozo responded that the bathrooms were indeed "clean."

When Yukimura finally asked specifically about the number of toilets per user and whether the DOH had signed off on that, she was confronted by what now has become a classic "Rapozoism."

"I'm gonna say yes," said Rapozo, "because I've gotta believe that when this concept first came," somebody must have checked with DOH and it was "done right."

Finally he admitted, under more questioning, that "the site hasn’t been changed since its inception."

But apparently no one bothered to go back and look at the minutes of the meetings in 2003 when the original bill was passed allowing camping and 2005 when the current bill revising the first one was introduced.

Because the fact that there weren't enough bathrooms was the reason why then Council Chair Kaipo Asing lit his hair on fire, finally "permanently" deferring the bill until that and a bunch of other matters were addressed by the administration of then-Mayor Bryan Baptiste and his "parks" guy, Carvalho.

Another indication of just how clueless Rapozo is came up when they were discussing the state-mandated administrative or "ad" rules that would have to be "promulgated" once the bill was passed under HRS Chapter 91.

During a discussion of whether the three workers currently employed for the park's maintenance were enough, Rapozo once again told the council that "I gotta believe that" the then-administration thought that there were enough for camping.

Then when Yukimura mentioned that the ad rules would require a public hearing, Rapozo actually responded by saying "not these."

Well Kaua`i does have its own way of doing things and in Lenny Rapozoland perhaps HIS ad rules don't require hearings. But in the state of Hawai`i they do.

Finally, as it looked like the bill just might be sent to the full council with the committee's approval Mel Rapozo- no relation- told the council that "there's one toilet and it's broken," calling for a deferral until they asked the DOH to provide, in writing, what the requirements actually were.

That, Mel Rapozo said, is because he remembered back in both '03 and '05 when one of Asing's famous PowerPoint presentations showed DOH documents stating that the bathrooms did not in fact meet the DOH requirements... they didn't even come close.

And that was just for the campgrounds- without the soccer fields or the pavilion which where not included in the original plans.

"That park is not ready for camping" said Mel before asking for and getting a deferral after embarrassing the rest of the councilmembers who previously had been poised to look the other way at all the same problems that had caused the bill to sit in committee for six years.

On Kaua`i if you want to be "made" in county government and be assured that no matter what kind of scandal you’re involved in- even if you're fired from one job for anything from incompetence to malfeasance- you'll always have an appointed job somewhere, you need to show all that you can sit there an lie to the council with "that's my story and I'm sticking to it" aplomb.

Lenny Rapozo's bonefides for appointment were apparently solely that he was Carvalho's campaign manager. But his ready, fire, aim hall of fame performance last Wednesday, has apparently assured us that we'll have him around to entertain us for years to come.

Wednesday, August 31, 2011

PERMITS? WE DON'T NEED NO STINKIN' PERMITS

PERMITS? WE DON'T NEED NO STINKIN' PERMITS: It's hard to know what goes on between those "world class" ears of Councilmember Dickie Chang sometimes but his attempt last Wednesday to defend the administration's vision of Lydgate Park didn't do much to help matters.

At last week's committee meeting council watchdog Ken Taylor delivered a scathing attack on the Department of Parks and Recreation's (P&R) contention that the camping facility described in Bill 2149 would be "world class" despite the lack of bathrooms and other facilities along with insufficient training, supervision and equipment- not to mention numbers of park maintenance workers- to keep it clean and safe.

Without mentioning P&R's head, Lenny Rapozo, or his deputy Ian Costa, Taylor made the mistake of saying that "where I come from" or anywhere else in the world for that matter, the department's leadership would be fired for the present conditions in the area even before camping is offered to visitors as a "first class" camping experience.

Chang's "rebuttal" was jaw-dropping, telling Taylor that "local people are not that hard to please," continuing with an implied and thinly-disguised racially-charged rant telling Taylor how local people don't want to hear "where I come from."

We can only surmise that in Chang's mind "local people" apparently enjoy bathrooms with perennially stuffed up toilets and sewage-tainted standing water, along with overflowing trash cans.

T'ank you massah fo' any small kindness. Just give us an ocean and a fishing pole and we's as happy as pigs in s**t, eh Dickie?

Well at least one "local" was more than offended.

In a letter to the editor in today's local newspaper our friend Camellia Ditch-Crosby of Lawa`i wrote directly to "Mr. Chang" saying:

We don’t know what locals you are talking to that say they are not hard to please regarding the parks’ condition because most of our `ohana and friends are not pleased at all.

It’s the worst condition it’s been in the 65+ years we’ve lived here. We are seven generations on Kaua`i. Yes, the lawn has been cut short and raked, but the bathrooms are filthy. The Kapa`a restroom, next to the police substation is a good example. The Po`ipu, Salt Pond and Nawiliwili restrooms too.

Some of my ‘ohana said the volunteers are now taking charge of cleaning and painting the pavilions and restrooms. Why? Please don’t generalize and say locals are not hard to please; that’s not true. We want to know where our tax dollars are being spent. Or are we going backwards and eventually the county will be using “out houses” the way we grew up.


The fact is that "local people" don't need an official "campground" to spend a couple of days at the beach. But we're all damn tired of disgusting bathrooms and the lack of enough toilets that's resulted from the county's creation of "beach parks" and then promoting them to visitors.

We as a community have to decide whether we want to keep creating "parks" and installing facilities at formerly "wild" places, making what used to be "local" spots suddenly attractive to visitors. Because then we not only essentially lose the ability to just pick up and camp there without permits but, as taxpayers, we have to pay for the resulting need to keep the places clean.

The "south Lydgate" area where the proposed campground sits is just such an place. If it weren't for Councilmember Kipukai Kuali`i demanding an amendment to define the campground area so that theoretically beach "fishing" could still take place, we'd have lost it entirely... although it's a crap shoot as to what will happen when the park ranger comes across a family that has just shown up, sans permit, and set up for a night of fishing on the beach- just outside the "official" campgrounds where tourists are paying $25 a night.

The schizophrenic vision of the "world class" facility with, according to Councilmember JoAnn Yukimura, design flaws that cause the ponding in the showers and bathrooms is not just a product of the usually muddled thinking Chang exhibits. The rest of the councilmembers present also voted to move the bill to the full council while Kuali`i and Councilmember Mel Rapozo- who have tried to hold Lenny Rapozo's and Costa's feet to the fire on the bill- were away on council business.

Despite the fact that nothing has changed since the bill was shelved years ago it will certainly pass next Wednesday. And then we'll have lost another beach due to the actions of the "park" developers- aka, the "world class" imbeciles in elective county office.

Monday, May 12, 2008

AND WHEN I WAS DONE HE PICKED IT UP AND PUT IT IN A BAG

AND WHEN I WAS DONE HE PICKED IT UP AND PUT IT IN A BAG: Despite the lack of any required official provisions designating the coastal bike path as a “county park” the County is apparently ignoring the law and, according to an article by Nathan Eagle in the local paper it “considered a linear park and as such falls under a county ordinance banning animals without permits.”

The article states that “(a)fter a verbal warning process ended in March, the Kaua`i Police Department started issuing citations to owners walking their dogs on the multi-use path.”

It does not say what the outcome of these cases were or even if anyone challenged the citations, as many dog owners promised to do when we detailed the actual law in this space on March 3. We further elicited a promise from councilman Mel Rapozo on March 20 to determine, through the County Attorney, what the law is and how it pertains to the bike path and report back to us, saying “(a)s far as the park question, I can only tell you what we are told by the County Attorney. I have asked for a clarification on this concern, and will post the answer when I receive it".

Our research showed, as we said over two months ago:
The Kaua`i County Charter provides that “(e)very legislative act of the council shall be by ordinance except as otherwise provided”. which is now done now by amending the CZO (unavailable on-line) where “parks” are designated.It also says “The Council also makes all decisions on acquiring land”. And 4.04 says “ No ordinance shall be amended, revised or repealed by the council except by ordinance. No resolution shall be amended, revised or repealed except by resolution, but a resolution may be superseded by a subsequent ordinance”There has never been an ordinance or resolution making even any part of the Bike-Path a county parkAdministratively, the Charter’s 23.09 say that “unless otherwise authorized by law, all rules and regulations ... must first be approved by the mayor prior to going into effect”. The County has not reported public action declaring the bike path a park.
We have not heard anything yet but now, not only have County’s mayor and Council ignored the apparent lack of any legal provisions designating the “bike path” in general a park (where it doesn’t cut through an already designated park such as the Lydgate area) but they are set to compound the blatant disregard of our laws they are sworn to uphold by basing new bills on the existing flaws the County has promulgated.

Though we have asked Eagle to identify who told him they “considered” the path a park or what that means we haven’t gotten an answer to that question.

As we detailed previously, this is most likely another one of those “because I say so” laws that are a remnant of plantation mentality that still has it’s grip on the psyches of Council Chair Kaipo Asing, Mayor Bryan Baptiste and his protégé Bernard Carvalho, the newly deigned head of the Department of Parks and Recreation which many claim was created just to give him a job.

The bike path itself is a bright shining symbol of what many have publicly characterized as the “Fire, Ready, Aim” way of doing things on Kaua`i, especially in the Department of Public Works where the orders of the day routinely include facilitating the gravy-train revolving-door of corruption that costs millions in inflated contracts, a corrupt nepotism-riddled team of inspectors and, many have publicly alleged, kickbacks.

Even though the money for the path required a still non-existent sign-off by the Secretary of the US Department of Transportation that it is indeed not just a bike path but a bike path to be used strictly for transportation and not for recreation, the county has designated it a “mutli-use” path and wants to allow not just every imaginable human and mechanical obstacle to bicycling now they’re adding non-human impediments.

Maybe pet turtles will be next- or pet cockroaches... after all, they need somewhere to exercise. Can we bring our pet llama? What if it’s on a leash? Maybe you goldfish will enjoy the ocean view- bring ‘em on down

Hey, don’t give me a ticket officer- that’s not my chicken... it lives here.”

It’s no wonder the rest of the state shakes it head and repeats the mantra “only on Kaua`i”, the phrase universally used to describe the abject paternalism, authoritarianism and lack rhyme or reason in decision-making that has yielded a top-to-bottom corrupt modus operandi in the executive and legislative branches of so-called democratic governance here at the very end of human occupation (take it either way) of the island chain.
A separate kingdom indeed.

Wednesday, December 16, 2009

A LEG UP ON THE BONEHEADS

A LEG UP ON THE BONEHEADS: Joan Conrow’s blog has been the go to place for all things bike-path boardwalk-on-Wailua-Beach lately. But one click away from her most recent thoughtful reporting and opinion is a shit-storm of racism, white privilege and outright genocidal blather from a group of trolls we pretty much banished last year.

Joan’s whip and chair approach has tolerated a group of anonymous “I think that” commenters- hilarious in it’s not-so-oxy moronic content- that have gravitated to her site and caused most sane readers who want to stay that way to avoid clicking that comment button lest they boil their own blood.

But not Ann Punohu who has recently started up her Punohu’s Politics, Environment and Culture Blog and made the mistake of visiting Joan’s repository of wretched rhetoric.

Never one to back away from a good fight over cultural slights, Ann has posted a series of responses to some of the worst examples of why the word “haole” is often preceded by a certain adjective and awarded her Racist Residents Of The Year Award for 2009 to a couple of malahini morons.

“Al and Judy” actually said:

We certainly haven't come to Hawaii for the "culture". We hate Hawaiian music, food, cultural (pagan) practices, etc.

We love the ocean, air, tropical environment.

We've come here for years and now own property on a couple of islands. I'll make a bleedin' fortune in the next development boom with one of them.

Wouldn't mind if it looked like Malibu Beach, though.

Ann’s hilarious response was:

OK, It is official. Racists have landed on Kaua`i. And I don't mean the garden variety racist, I mean the full blown I am so proud of myself white supremacist racist

These people own property, and like the path on the beach. And they HATE Hawaiian history, or so they say.

Joan has a slight uku infestation on her blog. A group of "anonymous" posters who just like to yank everyone's chain.

Some of the posts were so ludicrous I really did think they were jokes.

Apparently though, these people are serious. And serious racists. They certainly tried to cook me over an open fire. Didn't work though. I give em right back...

Apparently Romper Room was in session over there, and the kids were throwing spitballs at the teacher, me.

I was just trying to stuff a little knowledge into their apparently racist heads, but they were so full of hot air there was no more room between their ears.

The question that must be asked in light of the divisiveness of the issue is a political one- why on earth would Mayor Bernard Carvalho risk his all-but-given reelection next year with two “that’s my story and I’m sticking to it” recent decisions, guaranteed to not just make people think twice before voting for him but to actually lose votes without any apparent political gain.

The decision to put the new landfill on arguably the most profitable in-use ag land on the island was bad enough but at least there it’s a matter of fulfilling a campaign promise and could even be seen by some to be a courageous decision that has been avoided by mayors and councils since Uncle Tony Kunimura’s days.

So why the boardwalk on the beach?

First of all we have to remember a key fact- one that the “multi use path” proponents would like to forget. In order to fulfill the requirements for initial $40 million in federal funds the path has to be primarily “for transportation, not recreation”.

It’s apparent by now that there is only one factor that matters in that determination and it seemingly has nothing to do with what anyone in government says about the path in selling it to the citizenry.

To be for transportation the path has to go from point “A”, just north of Kealia, to point “B” in Nawiliwili in a contiguous manner with no “breaks” .

People say “well why not go mauka as the path already does by going through the Safeway/Foodland parking lot and extend that “canal route” portion all the way past Coco Palms and simply re-cross the highway at the Wailua Homesteads traffic light rather than the Wailua Houselots light”?

Seemingly that wouldn’t be a problem and a decision by Carvalho to do so would be a politically wise one considering this is one of those “I’ll never vote for him again because of this” issues.

So what’s the catch? Well once the ins and outs as the path winds and wends it’s way through Kapa`a are settled there’s the matter of what happens to it at it’s current terminus at the Kamalani Bridge at the end of Lydgate Park when it currently loops back on itself.

Few were apparently paying attention to the future plans when the administration first made it’s proposal for a boardwalk on the beach, not on Wailua Beach but to get past the Wailua Golf Course.

It seemed that the alternatives were all bad ones when the administration went before the council a few years back to present the initial alternatives for the golf course section.

For anyone who hasn’t been down there the golf course goes right up to the beach where the greenery and grass ends and there’s a drop off onto the thin section of beach.

One proposal was to run the path along the edge of the grass. But that would be a lawsuit waiting to happen as soon as an errant golf ball hit one of those on the path. One solution proposed was to put up a 10 foot high fence but of course one of the most attractive things about the course that at one time won national honors is that you can see the ocean as you play and lose your ball in the ocean if you’re not careful.

That’s when the words “boardwalk on the beach” were first mentioned although the idea appeared ludicrous due to the continuous natural erosion of that strip of beach and land and the coming raise in sea levels that threaten coastlines all over the world.

Nonetheless that was when the “temporary” boardwalk, one that can be removed when a storm is threatening or if erosion catches up with the construction became the favored solutions despite concerns raised before the council by experts on coastal erosion about after more permanent sections were already completed, along with predictions of maybe a 10 year span of life before they become inundated.

The “it can be removed” part of the boardwalk concept is actually part of the EA no matter how apparently silly it sounds.

People opposing the boardwalk have missed a valuable argument in the fact that the “stakes” that are dug over the ‘iwi will not just be dug once and left there but could conceivably be taken up and put back on a semi-regular basis, especially if the waves themselves remove them

So the Wailua boardwalk is actually a test- one on a much wider section of beach- that, once it has been approved and laid will serve as a precedent when it comes to getting the path past the golf course.... and on down the coast where the topography is much the same and where the cost and difficulty of obtaining the land won’t be the impediment it appears to be now.

(By the way- does anyone know the status of a Conservation District Use Permit and/or DLNR approval?)

People are so focused on the cultural desecration involved that no one is even questioning the absurd engineering and environmental concept of putting a boardwalk on a beach that’s regularly inundated by the ocean..

Seems Bernard is apparently willing to take his lumps on this so he doesn’t have to answer for not completing the path.

Monday, August 27, 2012

A MAN, A PLAN, A DEBACLE- RAPOZO

A MAN, A PLAN, A DEBACLE- RAPOZO: After decades of problems keeping the rain off the Kilauea Gym floor, the Director of the Kaua`i Parks and Recreation (P&R) Department, Lenny Rapozo, has finally come up with what many in the administration are calling a "brilliant" multi-pronged approach to fixing the structure which includes covering the current leaky roof with pili grass and moving the whole building 90 degrees to aviod the wet, easterly winds.

"A pili grass roof was good enough for the ancient Hawaiians so it should be good enough for us" said Rapozo, "especially if it's not raining."

The roof has never in human memory actually kept water out- which is thought by many in the Buildings Division of the Department of Public Works to be the main function of a roof- despite 137 attempts to replace it based on 373 different consultants' plans.

Rapozo also had a plan for the leaky door that faces into the rainy trade winds.

"We have hundreds of balloons and dozens of tanks of helium left over from the mayor's last campaign so we can just fill them up and float the building. And the beauty of it is that we can use all those political appointees and mayoral-approved civil servants who owe their jobs to him to turn the whole building, moving the door to a more desirable orientation... whichever way, after trial and error, that turns out to be."

According to Rapozo his own recent research has apparently shown that the current structure sits on the footprint and is a renovated version of the ancient "Kilauea Himanekium" where "pre-western-contact kanaka would go for drink beer." But, Rapozo said he discovered that during a 19th century renovation the building was inadvertently spun around sideways by witches, who were brought over for just such jobs by missionaries who were seeking to allow the structure to receive bigger shipments of bibles they could exchange for surrounding farms and home-sites.

"We're excited by the discovery" said Rapozo whose engineering expertise goes back to his days at Kapa`a High School where he lettered in "Pick-up Sticks" and "Tiddlywinks." He also studied basket-weaving, a skill he said may prove useful in the pili roofing project.

"I think I've got something here that nobody else could- or would- have come up with," Rapozo boasted with a straight face.

There are also plans to replace the wooden basketball floor with concrete and then put down lauhala mats in order to absorb any rainwater in case the pili grass leaks. "But the mats are only for when it rains because no one plays basketball in the rain anyway," said Rapozo. "Besides, the plan is all up here," Rapozo said pointing to his head "so we can save money on design consultants if the pili grass has to be replaced. Since everyone is used to paying over and over for consultants every year or so, we have an unending source of funding for the project, 'cause grass stay cheap, eh?"

Rapozo did not at first indicate where the cheap pili grass would come from since it is an all but extinct species but when asked of his plans for future recreational projects Rapozo said he's thinking of a Youth Program where students grow can pili grass on county land, then sell the product to the county for other roofing projects.

His boss, Mayor Bernard Carvalho applauded Rapozo's ingenuity. "That's why I hired him- since he has no expertise in any one particular area, he tends to think, not just outside the box but outside the entire realm of human endeavor and experience."

Rapozo also talked about- but didn't explain- either using the remaining balloons and helium to actually move Moran Pond at Lydgate or filling the balloons with the mud that now befouls the once popular swimming pools after a previous Rapozian plan to dredge the pools want awry... for some unfathomable reason.

"Then maybe the mud balloons will just float away," he said wistfully

Council Chair Jay Furfaro was cautiously enthusiastic over the plan saying "it wouldn't be the absolute stupidest thing we've ever approved- but it'd be close."

Councilperson JoAnn Yukimura was apparently skeptical but said she would have to see the plans in writing before she could really comment and recommend a thorough study of the project.

But Councilmember Mel Rapozo was both for it and against it, making sure that he didn't state a position until he figured out what the political implications were.

Blogger Andy Parx but did manage to wake up long enough to backhandedly mumble an ambiguous complement saying "it sound just like something Lenny would come up with since no one in the county is smarter or more suited to his job than he is."

Tuesday, August 16, 2011

ACCEPT NO SUBSTITUTES

ACCEPT NO SUBSTITUTES: It's hard to know which is worse lately- Wednesday's befuddled and buffoonish rerun of the previous council Public Works Committee meeting on the Lydgate camping bill or the ill-informed and equally befuddled and buffoonish coverage and editorial of it in the local Kaua'i newspaper.

Two weeks ago we wrote:

The bill was snatched from the jaws of passage out to the full council at last Wednesday's Public Works Committee meeting by Councilperson Mel Rapozo's request for a deferral for two weeks after the rest of the council didn't seem to care about the myriad lies and coverups from Parks and Recreation Department Director Lenny Rapozo.

And the only thing that changed this time was that Rapozo, after promising answers in two weeks, had taken an extremely convenient and unannounced "vacation." And in his stead he sent the island's own roving flack-catcher, Ian "Waldo" Costa.

Like the striped shirted traveler, Costa seems to show up everywhere. Despite being canned from many county positions over the years- ranging from a stint as deputy county engineer during the "Developers Gone Wild" days when he looked the other way at Jimmy Pflueger's grading and grubbing violations, to his recent stint as Planning Director which ended with an FBI investigation and his resignation under fire- Costa is back, this time taking shrapnel for Rapozo over the seemingly inept attempt to get the camping operations going.

Costa is the champion of what council-watchers have called "the fog" which entails speaking in an almost whisper and lulling questioners to sleep with frustratingly vague answers. When pinned, he conveniently is unable to answer but promises that the person who can answer will come by in two weeks... at which time they send a different person who says only Costa or someone else can answer that.

So the most bizarre moment of the meeting had to be a seemingly out of the blue statement from Councilperson Nadine Nakamura who greeted Costa by noting he "happens to be a very good dodge ball player."

Sometimes the set-ups don't even need punchlines.

The meeting itself progressed, as expected, with the same staffing questions we described two weeks ago being the predominant topic of discussion. Despite the fact that the council and administration agree that they want to build a "world class" facility, with the current staffing levels- not to mention the lack of toilets- we're more libel to get third-world class campgrounds.

One new and revealing fact came out at the meeting and that is that the current staffing levels- which were increased when the plans for the campground were first floated in 2005- were based on a consultant’s report that estimated the maximum number of campers at 92- not the 300 the county plans on allowing initially - much less the 700 that could potentially be camping when all 31 campsites are in use.

Add that to the new soccer fields, the bike path and other expansions that weren't accounted for at the time and, according to the union, the current staff can barely keep up with the current usage. The toilets age constantly clogged, according to one councilmember and the trash cans overflow right now- without camping.

Not to mention the caretakers' daily, morning doggie doo pickup since the council decided to allow dogs on that portion of the bike path.

But of course Costa knew nothing about that except that Rapozo was seeming standing pat on the number of workers, despite concerns of the union that making the place "like a hotel" was going to take a lot more people to staff, especially with talk of "concierge service".

Apparently those concierges will be showing the guests to the port-a-potties that, the administration says, are going to have to suffice until new facilities are planned, paid for and constructed.

But even though all these problems were left unaddressed most councilmembers were ready to approve the bill.

What actually caused the deferment- although you wouldn't know from the newspaper coverage or editorial- was a comment from Councilmember Kipukai Kuali`i.

He simply asked Costa about what was going to happen to the slews of local fishers and their families who have frequented the area for decades, if not centuries. Are they now going to be ticketed and fined $100 for bringing their families and setting up their campsite for a night of fishing?

With that the council went bonkers and even though just moments before they seemed poised to pass the bill out of committee it was now back to the drawing board at least to define the boundaries of where the campground actually was- and wasn't- and what to do about the fishing families.

Despite all this we were greeted with an editorial from the newspaper demanding that camping begin "yesterday."

It was bad enough that they claimed that there was now going to be a two month delay when the bill was actually deferred for two weeks. But they apparently are demanding that all 31 campsites be opened immediately- something even the administration knows can't be done with facilitates and staffing at their current levels.

But ignoring those two issues they pooh-poohed any "enforcement" problems, quite possibly because whomever wrote the editorial only read the newspaper's story on the meeting which failed to mention the fishing situation. Or perhaps more likely, because the cultural malahini at the paper have no idea how important fishing- especially at that spot- is to local culture and tradition.

"Ready, fire, aim" has been the Kaua`i governmental mantra that drives real watchdogs crazy. But when the lapdog local paper decides that planning should be a victim of expediency how can we expect any more from our local officials?

Monday, May 10, 2010

ENHANCE THIS

ENHANCE THIS: Words matter. And when words change so can facts related to them.

It’s all part of the way the “big lie” works.

Just this morning, as if designed to give us a lead-in to how the coastal “bike path” became a “shared use” or “multi use path”, Ian Lind quoted a Mike Middlesworth article at Truthout.org, explaining how the media plays its part:

The oligarchy that owns and runs our government and controls our mass media has learned Goebbels’s lesson well: A lie unanswered is a lie believed – more so if the lie is repeated, over and over again.

Accordingly, a successful propaganda campaign must accomplish two essential and coordinated tasks: (a) tell the lies, and (b) see to it that they are not effectively refuted. The
six media conglomerates that now control most of the US media accomplished both tasks supremely well.

So it’s no surprise that the somewhat clueless Leo Azambuja led his latest article on the bill that will no doubt be passed this Wednesday- after what he called “a long day of contrasting testimony from both sides of the dog-path issue” (emphasis added) last week- by saying:

The question of whether the county should allow dogs on the shared-use path has carried on for several months...

But why not? He has bought into the same big lie that any number of genuinely confused constituents have swallowed after being bombarded with propaganda by any number of “don’t confuse me with the facts”, misinformed misanthropes who insist that it’s not a bike path but one for any and all uses... even uses that make bicycling so dangerous to all as to make it all but impossible.

The fact is that the path originated through $40 million dollars of federal monies distributed by the state called Transpiration Enhancement (TE) funds.

The funds are specifically to be used for one of 12 activates acceding to 23 U.S.C. 101(a)(35), the most common being bike paths that provide for, well, transportation enhancement.

TE funds require a 20% match from the recipients. In our case that 20% came from donated lands the biggest portion of which, until recently, came from the Kealia Kai “gift” of coastal lands between Kealia and Kuna Bay (aka Donkey Beach).

The matter almost came to litigation when Attorney Bill Sweeney, representing several condos in Wailua that were slated to have the path run between their complexes and the ocean, threatened suit causing the county to move the path behind the condos.

Here’s the pertinent part of what he wrote at the time in convincing the county to change the route of the path lest they be sued for misusing the TE funds, according to administration testimony before the county council:

Transportation Enhancement (TE) Must Relate to Surface Transportation.

It is questionable whether the shoreline path relates to surface transportation and not recreation as required by applicable law. Each transportation enhancement (TE) project must relate to surface transportation and meet one of the 12 eligible activities [23 U.S.C. 101(a)(35)]. Applicable federal regulation clearly indicates that TE funds cannot be used to fund bike & pedestrian facilities that are solely for recreational use.

According to the language under 23 USC 217(1), "No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation purposes".


Public support for modifying the pristine beach along the shoreline path with a concrete path or boardwalk is likely based on their misconception that the path will provide recreational opportunities. For example, in several articles in the The Garden Island Lester Chang reported as follows:

December 22, 2003: "The entire project would greatly enhance recreational needs in the Kawaihau District, the largest population area on the island, county officials have said."

March 6, 2004:

"The entire project is intended to enhance recreational opportunities in the Kawaihau District, which boasts the largest population of the island." (Emphasis added) The State of Hawai`i and Kauai Count must justify the shoreline on the basis of primarily benefiting transportation and not for recreational purposes.

The Inland Roadways route (Alternative 2) and the Canal Path route (Alternative 3) more clearly satisfy the objective of enhancing transportation in that they have a closer relationship to Kuhio Highway and are more likely to serve a transportation purpose. As discussed, the Inland Roadways route (Alternative 2) and the Canal Path route (Alternative 3) also avoid potential significant environmental, archeological and ecological concerns.

The number of examples and quotes have increased exponentially over the years, now numbering in the dozens from the newspaper and no doubt hundreds in minutes from county meetings.

And now, with the evolution of bike path to shared use path to dog path, the proof is in the pudding... or piddling as it were.

No one, despite dozens of requests- including a formal letter from then Councilperson Shaylene Iseri Carvalho to the state DOT just before she left office- has ever produced a determination from the federal secretary of transportation.

Some have gone as far as to claim that there never were any TE funds. But a simple visit to the county public works department will turn up the paperwork, as Building Division Chief Doug Hague will provide and attest to.

This weekend after reading in the announcement of the reelection bid of “shared use path” proponent Tim Bynum that he “wrote the initial funding proposal that started the shared-use coastal path project and continues to support its expansion” we asked him to explain and he confirmed that the $2.5 million in his proposal for the Lydgate Kamalani "Bridge", a maintenance shed and part of the path- as well as the other $40 million- came from TE funds.

So what? Well the addition of dogs to the strollers, kids roller-skating, people in wheelchairs and any number of future cat and even turtle walkers on the path (as has been discussed in council sessions) it has been said that it is now simply unsafe to have bicycles there- especially those using the path for 30 mph “transportation”- and perhaps we should move to ban bikes.

Banning bikes from a transportation-use bike path would seem pretty absurd. But when you call it a shared or muli-use path, well, anything goes doesn’t it?
We’re sure some troll will comment that we’re wrong. But then again that’s how the big lie works.

Wednesday, December 9, 2009

A “CONCERTED CONSPIRATORIAL EFFORT”?

A “CONCERTED CONSPIRATORIAL EFFORT”?: A few years back the Kaua`i County Council finally discovered the best way to manipulate the dialogue before the cameras during what some of them call “the show” by taking required testimony on agenda items before and only before their discussions and then, if it’s embarrassing, finding a way to deflect it- often by answering a different question or addressing a different topic than the testimony raised.

Never was that more in evidence than at the last council meeting when the subject of former Kaua`i Police Department (KPD) Chief KC Lum’s lawsuit against the county was addressed.

Council watchdog Glen Mickens had the temerity to state that the persecution and dismissal of Lum was a “concerted conspiratorial effort” which, as the local newspaper’s Michael Levine reported, was met with vehement denials by two of the Minotaur’s gate keepers, Councilmembers Darryl Kaneshiro and Jay Furfaro, and the bone-gnasher himself Chair Kaipo Asing.

But what those who read the article or watched the cablecast of the meeting might have missed was the slight of hand on the council’s part in addressing, not the agenda item detailing an appropriation to fight the Lum lawsuit- which was struck down again in federal court at the 9th circuit level days before, apparently unbeknownst to the council at the time- but the separate somewhat related case of ES-177 which was “won” by the county weeks ago in Hawai`i Supreme Court.

The smoke and mirrors, hocus-pocus was because the charge of there having been a “concerted conspiratorial effort” to get rid of Lum would be difficult if not impossible to deny by anyone who really followed the saga from start to finish.

The first thing about the 9th Circuit decision that should be noted is that they did not rule that there was no conspiracy to get rid of Lum in general, just that it wasn’t race based.

As reported in another article- this one on the 9th Circuit decision itself- the court specifically said:

Lum and attorney Clayton Ikei failed to show former county Finance Department Director Michael Tresler acted with conspiracy based on racial bias when Tresler canceled Lum’s employment agreement (emphasis added)

The second important thing was that the decision was based on the “fact” that former Police Commission Chair Michael Ching showed bias in the hiring of Lum, based on a Board of Ethics (BOE) case that was enforced by the county council after a BOE “trial” of Ching which was held behind closed doors at Ching's behest.

It should be noted that fellow Police Commissioner Carol Furtado was brought up on the same charges of favoritism but chose a public hearing of her case resulting in an acquittal, most observers believe, because it was held in the open.

But looking at the whole sad story it would have been truly absurd for the council to claim that there was no concerted conspiratorial effort in Lum’s firing.

Let’s remember how it happened concerning at least two pertinent events.

The whole business started when former Councilperson and former KPD Officer Mel Rapozo came onto the council along with now Prosecutor Shaylene Iseri-Carvalho, both of whom held a grudge against Lum for events in their past.

Rapozo had been in the room during the infamous “lap dancer” molestation incident and Lum was the lieutenant on duty that night. When Officer Darla Abbatiello- who later sued and won a suit for harassment against the department and county- burst into Lum’s office and told him what was happening down the hall, Lum had no choice but to report the incident- something Rapozo and others to this day claim resulted in the firing of the “three good officer” who molested the “lap dancer” and the resignation of Rapozo who, supposedly, “just” stood by watching and laughing.

Iseri’s grudge came from a party she was hosting at Lydgate Park pavilion where the level of noise and boisterousness was such that a complaint was filed and Lum was the responding officer. A drunken Iseri, then a deputy prosecutor, confronted Lum when he came a second time to tell her to break it up and she always held a grudge based on the incident according to multiple sources.

Then came ES-177 and, according to an OIP letter to County Clerk Peter Nakamura during the back and forth about releasing the minutes, Rapozo went off on the whole department, especially Lum, detailing what he saw as injustices.

Rapozo obviously thought no one would ever know what he said since no executive session minutes had ever been released by the council- a fact still true today. Since it would have been embarrassing to the newly elected Rapozo had the minutes been released Chair Asing took the opportunity to try to corral the “maverick” Rapozo and hang the ES content over his head, assuring compliance with Asing's wishes and machinations over the next two council terms whenever Rapozo’s enthusiasm got in the way or “rocked the boat” as Asing is fond of saying.

It was in fact Asing who filed the charges with the BOE against Lum, at first on council letterhead and then, when he realized the whole council had never approved such a charge and that it would have indeed been an ethics violation to use his office to file the complaint against Ching, he said he made a “mistake” and said he was filing as a private citizen.

But the real heart of the conspiracy occurred at the mayor-appointed, council-confirmed BOE. The Ching case was heard by a retired Maui judge in secret and the secret report was given to the BOE. But while the report the BOE released to the council seemed to indicate that Ching had indeed used his position to secure a special privilege for Lum that wasn’t what the full report indicated.

Citizen activist Richard Stauber came before the council during the council’s session held to approve the BOE report and had a copy of the full report in which the judge essentially said that nothing untoward had happened and actually exonerated Ching although he did allow the county attorney’s office to write up the summery judgment which is what the council considered without officially seeing the whole report.

Saying a “little bird dropped (the full document) in my widow” Stauber tried to present it to the council as part of his testimony. But the council, perhaps fully aware of the content and not wanting the full report to become part of the public record, actually not only refused to accept the document and but when Stauber placed it on their table they instructed staff to physically give it back to Stauber.

Though the document was presented to the then council-beat reporter for the local newspaper Lester Chang- whose writing skills bordered on incompetence and who was widely known for his kow-towing to Asing and his penchant for trying to please the council- he refused to report on or even mention the additional data making sure that the general public never heard about the full report.

Finally a reluctant Mayor Bryan Baptiste, who originally really wanted the whole thing to just go away but later came to see which way the wind was blowing, joined the conspiracy apparently instructing Finance Director Michael Tressler- who was reward with a cushy. do-nothing vice-presidency at a big local land owner Grove Farm- to terminate Lum’s contract, resulting in Lum’s retirement because if he had allow himself to be “fired” as chief it could have resulted in him losing his seniority and thus pension.

Many other little oddities occurred during the time, mostly related to Police Commissioner Leon Gonsalves’ “hop sing” letter.

That bled over into the Lum persecution which also involved supporters of current Police Chief Darryl Perry including his brother, prominent attorney Warren Perry, and the leadership of the police union SHOPPO along with others in the administration who had begun to understand that their support of Lum might lead to consequences such as when another officer was disciplined for circulating a petition supporting Lum.

Soon the silence in support of Lum was deafening and no one was left to say boo when he was canned.

We certainly haven’t covered all the elements of the conspiracy here. To find out more details, if you’ve never read former Honolulu Star Bulletin Kaua`i Bureau Chief Anthony Sommer’s book KPD Blue (see left rail) it’s about time you did. And if any of the names or terms seem unfamiliar you can cut and paste them into the search box at the top of the page to see our past coverage.

What’s perhaps most galling about last Wednesday’s council “show” was the little conspiracy in the room and the way councilmembers browbeat and intimidated Mickens because, although he sat through the whole debacle along with Sommer and PNN, he might not always be as quick with his wits and as ready for confrontation as we might be had we been there and been given the opportunity to say what we’ve said here.

So pick on someone your own size Kaipo, Jay and Darryl. Anytime, any place we’d be not just glad but elated to debate any or all of you on the topic of the “concerted conspiratorial effort”. No?- well your silence is deafening, especially given your treatment of other who may be less articulate when they appear before you and your avoidance of people who can verbally hold their own.

We feel that Lum made a mistake in trying to make the whole case about racial/ethnic discrimination rather than a general wrongful termination. We also feel like his attorney Clayton Ikei didn’t serve him well in the various courts. Since it’s doubtful Lum has the money to continue the fight it seems that the county’s victory at the three-judge-panel level of the federal 9th Circuit will stand.

To claim there was no conspiracy in general to reverse the hiring of Lum- who would have been approved by the commission even without Ching's vote- unfortunately serves as a lesson to those who might enter the Minotaur’s labyrinth- have your wits about you and sword drawn even when the dark is as dark as can be, lest you serve as grist for the bonemill.

Thursday, January 13, 2011

A ROCKY HORROR

A ROCKY HORROR: Reading the newspaper this morning made us check whether we’d stumbled into a time warp reminding us that the more things change the more they remain insane.

As a kid we were struck by various things upon arrival in the islands, not the least of which was the fact that Native Hawaiian (as kanaka maoli were called in those days) were being born and dying on “the list” waiting for their promised homesteads and that some of their most sacred sites- specifically the island of Kaho`olawe and Makua Valley on O`ahu- were being routinely bombed by the US military.

And though the reclaiming, if not the reclamation, of Kaho`olawe was won as one of the first actions of what’s commonly called the Hawaiian Renaissance, people are still dying on the list and, although the bombing has been suspended for a few years due to lawsuits and activism, the military had been successful in keeping the door open.

So today’s news that the military promises it will end the madness in Makua- and move it to the Big Island, poor dears- and that the Intermediate court of Appeals has reinstated a lawsuit by the Native Hawaiian Legal Corporation (which also filed suit in the Makua case), to enforce a constitutional provision from 1978 requiring the legislature to provide funding to clear “the list”, is kind of creepy.

But another battle from those days- one that seemingly will never be completely won- has reared it’s ugly head- once again plans are in the works to dam up Wailua River and build a hydro electric plant.

A press release we received today from Kaua`i Island Utilities Co-op (which apparently does not appear at their web site)- notable for the fact that it fails to mention the location of the project- says that KIUC

this week signed a memorandum of agreement with Free Flow Power Corporation, which will allow the two firms to jointly explore the development of hydroelectric energy projects on Kauai.

And as if designed to double us over with laughter it announces that:

KIUC's involvement will ensure that any such development will engage the community in broad discussions about appropriate technologies, locations and the wide range of environmental, cultural, economic and other concerns.

“This is the first step in a lengthy public process to explore the viability of several hydroelectric projects. Our members have long recognized the hydroelectric potential on Kauai, and we feel now we have the financial resources and the proven developer to move forward,” said David Bissell, acting CEO at KIUC. “We hope to create a climate that insures an opportunity for our members to participate in an open and transparent process of evaluating hydroelectric opportunities.”

Apparently the first step in transparency is failing to mention where the projects will be located and how to present testimony if you might happen to still oppose damming Wailua River like you did the other at least three times they tried to do it.

But it wasn’t like KIUC was just putting out a press release in the name of openness and good community relations.

We don’t know for sure but their hand might have been forced by a widely circulated email earlier this week from Judy Dalton of the Kaua`i Sierra Club who saw the legal notice in the newspaper, did a little snooping and sent out the alarm saying that:

Wailua Falls, one of Kauai's most visited natural treasures, will be in for some changes if this permit for a dam is approved.

There are more environmentally-sound options to harness hydro power. Please read and send comments to keep the river intact and the falls free-flowing.

She describes the project, taken from the legal notice, writing

A public notice was posted in the Garden Island (11/16/2010) with a request for a "preliminary permit" to study the feasibility of a Wailua River Hydroelectric Project. The project is to make electricity and includes: "a 503-foot-long, 23-foot-high earth-filled, roller-compacted-concrete dam creating a 35-acre reservoir with storage capacity of approximately 430 acre-feet" It also includes a 20 foot high intake structure, fish screens, a closure gate, a penstock, a powerhouse of 60 X 40 feet, channel to return water to the river, (below the falls) a switchyard with transformer, and almost 2 mile long transmission line to the Lydgate substation. No mention is made of roads and other changes that would be necessary. "The estimated annual generation of the Wailua project would be 20.7 gigawatt-hours."

So what’s wrong with that? Judy writes that:

Such a project will remove and reduce the water flow over the falls, create a large reservoir, cut up the land to make roads and other structures. Dams change the chemical, physical, and biological processes of river ecosystems. They alter free-flowing systems by reducing river levels, blocking the flow of nutrients, changing water temperature and oxygen levels, and impeding or preventing fish migration. Dams and reservoir are being decommissioned all over the mainland because of problems occurring which initially were unforeseen.

But don’t we need renewable power and so don’t we need to dam the river to get power from it?

The answer, according to Dalton is a resounding “no” saying

Harnessing power from the Wailua River could be done by a "run of the stream" project far upstream with NO diversions, NO interference with the fall themselves and NO man-made reservoir. Click here to read about Run-of-the-River or Stream hydro power.

So what can you do? Dalton says

It is important that there be many letters expressing reasons for disapproval of a dam on Wailua River. The company requesting to build it is also looking into other possible water projects on the island which are "run of the stream or ditch" projects, which would be preferable to a dam on Wailua River.

Please write comments on the Federal Energy Regulatory Commission website NO LATER THAN JANUARY 16 (11:30 am Hawai`i time, 4:30 pm EST) Go to
http://www.ferc.gov/docs-filing/ecomment.asp to make comments on-line Click on "ecomment", which takes you to a screen to enter your name, email address and a code provided. They then email you a link to write comments. Enter Docket P-13874. It will then show a box with a plus sign which you click and you can proceed to write comments. Keep to less than 6,000 characters; include your contact information and submit. If you need help with the website, contact Toll-free: 1-866-208-3676 (8:30 a.m. to 5 p.m. EST)

OR send a letter with 7 copies can be sent to arrive by January 16 to:

Kimberly Bose, Secretary Federal Energy Regulatory Commission

888 First St NE

Washington, DC 20426


Here is the link for finding the Wailua River Dam application online and searching for docket number P-13874. Already a dozen people have written testimony opposing the project.

It’s understandable that some quick buck artists from the mainland would see Wailua and think that damming it up would be a good idea.

But the fact that KIUC is trying to pull a fast one and put out bogus press releases that fail to mention the location and plans for a project that has been rejected by the community many times for over 40 years is, though par for the course for KIUC, a despicable con job and a slap in the face of we so-called “members”.

----

We’re taking a long weekend- see ya next week.

Wednesday, June 11, 2008

DAWG, YOU GOTTA CARRY THAT WEIGHT

DAWG, YOU GOTTA CARRY THAT WEIGHT: One has to wonder whether this is now being done on purpose or whether Tom Iannucci is just lacks all judgment and discretion.

Another rant from the head of the Police Commission appears in today’s paper replete with a similar tone to, and the type of ridicule you’d expect from, some crazy rabid reporter but not from the top civilian official in the Kaua`i Police Department (KPD).

Whatever one thinks of Juan Wilson’s research or the points he makes in trying to get KPD to consider community policing policies and possibly get officers out of their cars, Iannucci seemingly doesn’t want to discuss anything. Apparently his new “style” is to just ridicule Wilson personally rather than actually argue the points of community policing and it’s applicability to Kaua`i.

Iannucci seems to have fun trying to make his points by using condescending and patronizing ridicule of Wilson personally with such ditties as:

“I appreciate your attempt to”,

“Nice attempt, but it just doesn’t work.”.

“So which Kansas City were you relating us to?”

“That’s why they have the little blue lights on the tops of their cars, with the little “woo woo” sound”,

“Look, here is the reality”

ending with

“It seems like you just got a problem with KPD and this is the real issue. After all the fuss, Wilson, I hope you are driving in an electric cart, or riding a horse yourself. That would only be right.”

But even when it comes to the subject at hand he argues against getting officers out on foot, bike, horse or even Segway by ridiculing anyone he can who would suggest that this is even possible in what he claims is a totally rural area.

His silly, non-analogous, un-visionary professings include such drivel as

Hey, I’m all for the Mayberry RFD lifestyle, where you, me, Barney Fife and Sheriff Andy are strolling down Rice Street talking about the Friday night football game and we stop by Aunt Bee’s house for some apple pie, or Portuguese bean soup. Where the biggest problem the town is facing is that Opey is cutting class to go fishing and they have a town drunk. I want that, Wilson, but the reality is, it’s not where we are at, nor does anyone believe we’re at that place either.

and

Your “Harvard” sociologist police officer, who wrote a book, is just one of over 800,000 officers across our country. Writing a book and going to Harvard does not make one an “expert” by any means.

Iannucci’s “can’t do” attitude seem to preclude all use of non-vehicular policing. His only true argument that addresses the issue is this:

Kaua‘i is a rural and very spread out island. We simply don’t have the manpower or the finances to support one or two officers per neighborhood, per shift, per week, island-wide with substations and equipment. But you’re more than welcome to petition the mayor or the County Council about your request.

Either Iannucci is the most disingenuous person on the island or he doesn’t get out much. Maybe he’s never been to the strip malls and towns, the shopping complexes and beach areas where bikes or horses might be appropriate since, looking that the police blotter, half of the crime seems to takes place in these areas.

How about putting a little thought into it Tom? Are you telling us it’s impossible to include bikes and electric cart patrols in our core areas? Are you saying it’s impractical to have daytime patrols in the makai areas say between Kawaihau Road and Lydgate Park patrolling the streets and beaches rather than doing the current drive-bys? How about the Lihu`e area from the hospital down to the airport up Rice Street and maybe over to Kukui Grove?

Only an idiot would think that we need to have a walking patrol up and down Papalina and Waha and over to Kua road in Kalaheo or put someone on a Segway up Olohena across Kamalu and down to Wailua.

But guess what- to conflate the idea of doing it where people congregate daily with putting an officer on foot atop Wai`ale`ale is just as idiotic- and besides making up such wild misrepresentational projections is OUR job Tom.

In dismissing the getting-out-of-the-car idea entirely, Iannucci has us laughing at him, not Wilson by putting up any straw man in a storm rather than trying to look at the places where community policing might make sense- yes Tom, like through Hanapepe town and down to Salt Pond up to ‘Ele`ele and down to Port Allen.

The Password today Tom is Disingenuity- when you say you’re

“wondering if the beat cop can make it from Salt Pond to Hanapepe Heights in time to stop a fight or a robbery”

you don’t mention of course that the same officer in a patrol car could be in Waimea when he gets the call and take even longer.

Or that the officer could be actually sitting there witnessing the car break-in or mugging without drawing attention to himself through the presence his police cruiser. Those examinations of the logistics of patrolling are the same whether you’re on foot on bike or in a car in that each has advantages and disadvantages.

But it is obviously easier to make up absurdities based on the worst way to distribute resources such as riding a Segway up the Hanapepe- Ele`ele hill instead of thinking about innovative ways to make better use of our policing resources.

Would it take that much to equip some patrol cars to carry bikes and get officers out of them when they’re not responding to calls from the boonies? Or is that too hard to imagine Tom- does it huwt yaw widdle bwane to try to figure out how to do it?

You apparently strained your neurons to the breaking point to figure out all the misrepresentations and excuses in the world for not even considering where community policing might be appropriate. It might not be appropriate.

But you’d never know due to your rejection of the concept out of hand which is even more dismaying than the dismissive, pejorative and downright disrespectful attitude you display in dealing with the suggestions from someone you are supposed to represent in sitting on the Police Commission..

People expect broad brush spoofing derision, scorn and mirth out of this mangy mutt. But we don’t expect either the attitude nor the disingenuous distractions and misrepresentation from the top civilian official in our the paramilitary operation of our police force.

I hear they’re selling clues down in town Tom - maybe you need to get out of your car, climb in the bathroom window and trade in some of that Viagra for one. Or quit the police department and get yourself a steady job... like blogging.

Friday, November 21, 2008

GOT TO KEEP THE LOONIES ON THE PATH

GOT TO KEEP THE LOONIES ON THE PATH: One steaming pile of legacy that will appear on the new Council table is the coastal bike path- a project that everyone apparently loves but no one really seems to like.

Seems people are waking up to the fact that this ill-conceived, illegally-executed, environmentally-insane, over-regulated and costly boondoggle of a bureaucratic nightmare has, instead of preserving beach access as it was originally “sold” by the late Mayor Bryan Baptiste, actually cut off access to the area north of Kealia Beach.

As PNN reported in 2002 the actual deed to the property contains a clause that requires it remain open 24/7/365.

Yesterday’s local paper’s report on Wednesday’s council meeting detailed yet more county-fabricated problems with the path, spurring statements from prosecutor-elect Councilperson Shaylene Iseri-Carvalho comparing walking there to stealing from a store and threatening to throw the book at anyone daring to go there until it’s declared open- sentiments echoed by Council Chair Jay Furfaro.

This was a bit much for reporter/blogger Joan Conrow, who has been seemingly non-committal on the path except when it comes to dog walking. She laid into various aspects of the path and Iseri’s declaration of war.

She wrote

OK, Shaylene, let’s get a grip. First, walking on a portion of the Path that has not been officially opened is not in any way like stealing a blouse. And second, you’re not trying to protect us from ourselves — whatever that is — you’re just trying to make sure the county doesn’t get sued.

She also expresses her dismay at some general aspect of the path.

And that’s what concerns me about the Path. Mark my words, we’re going to end up losing access when the concrete cracks or a dog bites somebody or coastal erosion encroaches — already a scenario at the portion by Pono Kai — and then the county will close it up, just like they’ve relinquished beach accesses, because they’re worried about liability.

In the meantime, best not be planning any scofflaw behavior, like walking Fido without a doo doo bag in hand and a carefully measured leash, because the county will show no mercy — and presumably, neither will Shaylene.

But like many others who have harsh words for a specific aspects of the “bike path” she still apparently remains neutral on the project as a whole.

Like Mel Rapozo- who with Iseri spent the last few years looking for accountability and uncovering the almost imbecilic derivation, justification and actualization from bike path to dog path- most people can’t find much good to say about the project path yet still “support the bike path”.

Another heretofore silent critic, David Stewart of Wailua, weighed in in today’s letters to the editor in the local paper.

He writes:

What is going on here? This whole area of pathways and canehaul roads had been used for years by me and others for hiking, biking and walking dogs. Suddenly, in January 2006 the entire area was officially posted closed and we were told that the new path would open early in 2007...

It seems that the entire project is totally mis-managed by the county and the contractors. There does not seem to be a will to finish. There does not appear to be a concern, or understanding, that this area was heavily used by residents before path construction started. In addition, there is no transparency on status. Only when county staff have to testify before the County Council do we get any information. Phase II is but a quarter of the entire envisioned path project, and engineering-wise some of the easiest.

Yet at the end he says

I fear that the county has demonstrated its inability to manage such a project and, although I am a supporter of the entire path, I seriously wonder about the county’s ability to lead the entire project to completion.(emphasis added.)

Huh?

Do people like this also support the next phase, one for which we don’t have any money, having long ago spent that “free money” from the feds... or misspent it since it came from a fund for construction of a bike path “for transportation not recreation”?

That new phase- proposed in an illegally-segmented environmental assessment- brings the “coastal path” across the highway and smack through the Safeway and Foodland parking lots.

According to the newspaper article “(t)here will be a meeting next month to discuss the design of the portion that will connect Lydgate Park to Lihi boat ramp.”.although no announcment appears on the county web site.

But of course one man has not minced his oppositional words and has been the harbinger of the corruption and incompetence and downright pigheaded persistence of the path proponents since day one.

While the public slept the advocates have turned the once open and accessible makai areas into a highly-restricted, tightly-regulated “linear park” by illegally (as we’ve detailed many times) plopping down a ribbon of concrete where much if it will be eroded away by the ocean in a matter of a few years if not hours what with tonight’s predicted raging storm.

We’ll leave you with Glen Mickens’ testimony at Wednesday’s council meeting.

I believe it is way past time that this administration give an update on this total path---itemization of the money spent so far for work done; total money obligated for work now being done; prospective money needed to finish the entire 16 to 23 miles of path (length having changed several times since the start) including land acquisition, condemnation and ALL variables; a copy of the original contract with the Federal Government showing what TE funds were asked for, the exact route as outlined to the Feds; a copy of the final EA done on the entire outlined route remembering that the Comprehensive Exemption List for the State of Hawaii DOT states under Exemption Class 1: "Operations, repairs, or maintenance of EXISTING structures, facilities NOT proposed new ones as Doug Haigh once told the council that they were.

On October `18th, 2007 the council by a 4 to 3 vote approved an audit of this path by the State auditor to "examine expenditures, permitting and compliance with grant requirements"---a Garden Island quote. This audit was highly fought by all path proponents including 3 members of this council but, as Kipu Kai Kualii so wisely said, "It's the Administration's mismanagement of this entire project that leads responsible people like Rapozo and Iseri-Carvalho to call for an audit. If we don't have anymore "nonsense" and "incompetence" to hide (&/or correct) then why should we oppose an audit? The citizens of Kauai. if you ask me, deserve an audit as much as we deserve a path."

This path was ill planned from the get go and the chances of it ever being completed are slim to zero, especially in this highly unstable economy. I just returned from Broadbeach, Australia and there are some beautiful walking, jogging paths there. But the roads have huge bike lanes along them (the lanes are as big as for cars) and the true bikers ride fast on them.

Their paths, as so many on the mainland were programmed into the community BEFORE the area was developed---not like the path we are trying to retrofit here on Kauai.Had those who proposed this path tried to put it Mauka instead of Makai it might have had a chance to be built. However, as I have repetitively said, our tax dollars have way too many places of high priority to be used before even thinking about a bike path.

Remember that Doug Haigh once said that no study had ever been done on the usage of this path but the question screams for an answer, WHY? Before you spend millions of dollars on a project you certainly need to know the bang you are getting for your buck.