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

Thursday, April 2, 2009

ELECTRIFIED FENCE

ELECTRIFIED FENCE: This year’s Kaua`i Island Utilities Co-op (KIUC) election is over and for the second time in a row a non corporate “people’s” candidate was elected- last year good governance advocate Carol Bain and this year renewable energy maven Ben Sullivan.

But the problems cited during KIUC’s purchase phase by the “nitpickers”- in fact the problems they found that gave them their name before they successfully challenged the original inflated purchase price, saving members almost $100 million- are apparently coming home to roost and it’s anyone’s guess whether these two new board members will try to tackle the core disconnect within “our co-op”.

One glaring bit of nonsensical jibber-jabber was highlighted in a recent article in the local paper if the report by reporter Michael Levine is accurate.

He wrote:

Just hours after the swearing-in ceremony and officer appointments, the board returned for its first regular monthly meeting under its new leadership and immediately received some gloomy forecasts.

Chief Financial Officer David Bissell said abnormally cold winter weather — February’s average temperature was a chill-inducing 70 degrees and the month’s 139 fueling degree days marked the lowest in more than a decade — allowed hotels to turn off their air conditioners, driving megawatt-hour sales even lower than was expected under the poor economic climate.

February sales were down some 12 percent from the budgeted total of 37,200 megawatt-hours, and down some 20 percent from the projected $10.9 million. KIUC has pulled in just $18 million through the first two months of 2009, compared to $29 million over the same stretch in 2008.
Now wait a gol-darn minute. While the challenge of integrating non-fissile fuel energy into the co-op’s energy portfolio is a hotly debated topic (although it really shouldn’t be- we’ll get to that in as moment) everyone agrees that cutting energy usage is the one thing everyone agrees will help insure a stable energy future.


So why is this a “gloomy forecast”? It should be time for celebration- we’re using less electricity.

It’s because in reality the co-op is, from top to bottom, when all is said and done, is still operated in the same manner as any for-profit electrical utility.

The business model of “we produce electricity and sell it to you” is a ubiquitous one in the “industry”. But the dangers of adhering to many of the particulars in that model was the chief apprehensions cited by the nitpickers who saw the future of diminished demand and knew that the purchase price was way overvalued- even at the lowered price and especially if large users decide to generate their own electricity as is already happening in some hotels and at the navy base.

It could and should be different when the customers own their electric company but a required indoctrination of board members and draconian rules- made up by the board and not approved by the members- to re-enforce the “training” make any difference between a for profit utility and a co-op strictly cosmetic.

Spending on advertising and other frivolous activities including these supposedly “educational” junkets- which are really just brainwashing sessions to insure that the board members operate the company like a for profit- are bad enough.

But nowhere is the “selling electricity” model more apparent than in the recent announcement that the “net metering” program has reached it’s limit and from now on there will be no more households enrolled in the program.

That essentially means that the price for new home generators to buy back the electricity they produce at home via solar or wind power is exorbitant compared to what they sell their excess back to the company for, whereas those who got in on the bottom floor sell and buy back their excess electricity at the same price.

A recent debate in the local paper was punctuated by a bit of distraction and selective fact-citations by one Walt Barnes, one of the chief prevaricators during the purchase phase who, as PR chair, constantly and verifiably lied over and over about the particulars of the purchase, citing “confidential” information of the sellers and making up “facts” our of whole cloth for as long as he could... sometimes even after he was “caught” by the nitpickers.

Barnes’ theory essentially says the co-op cannot afford to buy back the electricity at the same rate as it was put in saying the company has to pay for all the thing associated with producing and distributing a certain amount of electricity to the island because there are times when there is no sun and/or wind.

But that’s a bolus of bullcrap. There are no “extra” expenses for the grid when it’s used to serve those who install their own energy production. It’s there already. And a base fee for hooking up is already charged to all customers even if they don’t use a watt.

Plus, the saving in not having to produce more electricity should surely even save the company money if the model isn’t one of creating and selling electricity.

The reality that Barnes leaves out is that in modern grids and generation facilities the energy production needed is instantaneously “sensed” by the system and generation is controlled by demand at any point in time.

Even if our grid is not fully up to snuff the investment in this technology would surely pay for itself in the long run through generating less and not having to build any more generation facilities.

The proof of this is that the company generates electricity based on demand today. It peaks at certain time- late afternoon and evening- and drops dramatically at night. And current generation is synched to this cycle.

Technology for these “ smart grids” is not just “being developed” but is already actualized in many places across the country. But even current systems should to be able to accommodate another variable in usage- alternative home generate electricity.

But does our co-op seek to accommodate this? Certainly not.

Instead of working on ways to increase net metering and support home generation- with, say a program like the one for solar hot water where low or even zero percent loans are made from a revolving fund to allow people to purchase systems that will pay for themselves over time- they are planning "fields” of windmills and solar panels and other non-fossil sources so they can continue to sell electricity to you.

Because it’s not in their interest to allow people to generate their own juice under the model they are perpetuation. That would cause the gloomy future... and part of the reason why some nitpickers advocated buying only the grid and allowing the generation facilities- especially the old outdated “dirtiest in the state” one that that sits on the toxic waste dump in `Ele`ele.

As long as we- and those we elect to the board- buy into this “can’t do” attitude KIUC will remain a bum deal for everyone involved.

Monday, November 9, 2009

BIG DOG ASPIRATIONS

BIG DOG ASPIRATIONS: In this week’s “Kaua`i People”- the mid-week advertising newspaper that pops up in your mailbox every Wednesday- our friend Joan Conrow’s profile of Councilperson Jay Furfaro begins by saying “Jay Furfaro is a man with many roles, but steward is the one he considers most important”.

But many who know and have dealt with Furfaro or watched his machinations at televised council meetings, see that quality which Furfaro calls “stewardship” expressed in it’s basest form through a kind of pompous, paternalistic, know-it-all persona noted for his penchant for essentially telling questioning members of the public “I’ve looked into it and it’s all ok so don’t worry your pretty little head about it”.

Now it came as no surprise that, at last Wednesday’s council meeting, the council approved without comment the write-off of a $6,044.98 delinquent “tipping fee” debt- one on which we reported on that same day exposing the blunder that led to the need to forgo the “bad debt”

We didn’t expect the council to use the television cameras to explain that, after eight years of lapsed payment plans, the debt was now uncollectible due to a legal screw-up by former Deputy County Attorney Jim Tagupa who, after the county sued and the judge ordered the amount be paid or the debtor’s property be attached, inexplicably filed a “Satisfaction of Judgment” despite the fact that the money was never paid.

(To follow up, current County Attorney Al Castillo still has not returned our Wednesday phone call asking for an explanation and/or comment.)

But what occurred during a recess after the matter had been swept under the rug was exactly what we’d expect from Furfaro, whom Conrow’s article intimates is considering a run for the to-be-vacant state senate seat in 2010.

Seems the “nitpickers”- the group of council regulars who now wear as a badge the name they got from former Mayor Maryanne Kusaka for criticizing the inflated purchase price of Kaua`i Electric by the current co-op- was discussing the write-off wondering what the deal was and why we were taking the loss.

That’s when the self appointed nitpickers were overheard by Furfaro, the self appointed all-purpose explainer. Unsolicited, he sauntered up to them and, according to nitpickers Glenn Mickens and Rob Abrew told them that it was simply “an accounting problem” and that the council was actually insuring that the matter “can now go to collection”

Abrew said “he told us this is the way the accountants do it- this way we can write it off our books and it can go to collection”.

Mickens independently corroborated Abrew’s account- without having heard it or discussed it with him or us- saying in an email saying that Furfaro “said it is simply some type of accounting problem and that when the issue goes in the proper table it means that the account is still collectible”.

We admit to being a bit sneaky here in publishing the real story during the council meeting rather than before or after as an experiment to see whether the council- who was presumably just as informed as we were since the information came from the council’s packet of background documents they receive with the agenda six days before each meeting- would be honest and level with the people on their own, without media prodding.

And as we said we fully expected that no one would say a word in session when the matter was silently approved. But Furfaro’s seems so fixated on his “stewardship” role- even to the point of either making stuff up or talking about it without doing his homework- that he can’t resist an opportunity to either cover for administration incompetence even it means “open mouth-insert foot”.

And he wants to be our state senator- or if not move up to council chair when Kaipo Asing retires next year as he has publicly stated he will.

It makes us once again quote Manager Casey Stengle of the still-a-record 120-game-losing 1962 NY Mets who asked “can’t anyone here play this game?”.

Friday, September 12, 2008

PUTTING LIPSTICK ON A DOG

PUTTING LIPSTICK ON A DOG: Tony Sommer’s new book KPD Blue has spent a week dotting the “i’s” and crossing the “t’s” on allegations of two reported cases of apparent police misconduct and even abuse as we reported this week... and over the last six months in many other incidents.

Sommer’s book is now available at amazon.com . Throughout the fall PNN will continue serializing the book on weekends with the hilariously deadly serious Chapter 5 entitled Marianne Kusaka coming tomorrow.

In chapter 5 we meet “the Queen” through details of her early efforts to sell jewelry out if the Mayor’s office through her abject anti-“haole” racism and into the driver’s seat of her taxpayer-leased, unbudgeted, red, luxury Chrysler. .

(Parenthetically, 30 years ago her 2nd grade students- and of course we parents- knew you didn’t want to be white in that class... especially when she let kids off early on “kill-a-haole day”).

But worse was the total ineptitude of all those around her and her ability to use their stupidity to let them all get away with highway robbery. She would have gotten rich too if the Coco Palms renovation project hadn’t gone belly up.

Poor Marianne. She was responsible for dozens of inept bozos getting corporate positions when they became too inept for believability. But her attempt to finally cash in herself- after she had to give back the Kealia Kai house site- was the now defunct Coco Palms deal in which she had to give back millions, some say 10 or more- in the deal, as PNN reported in July.

Sommer’s story is spot on and documented by someone who collected the information first hand.

But the book does have an understandable error regarding how the term “nitpickers” arose, with Sommer crediting it to TGI Editor Sue Dixon Strong.

But although Dixon used the term as her own she was actually quoting Kusaka’s who used the term to describe all those who were complaining the original price of KIUC was too high, an amount subsequently dropped by $50-100 million depending on whose numbers you use.

When famed Kaua`i government watchdog Ray Chuan finally gathered a bunch of Princeville ex-financial energy consultants and engineers they made her look silly for supporting the co-op as it was. And after seeing all the documents the council irregulars joined in.

The original almost $300 million price was insane . And complaints about that and management were met with a public statement by Kusaka that people were just “nitpicking” the deal.

But eventually they dropped the price 70 million and it was still too high, some say as much as twice or more what it was worth. .

The leadership of the Democratic Party in the person of the venerable Turk Tokita had joined the organizing board and when Democrat JoAnn Yukimura joined she squelched DOH documents- despite PNN reports- on our `Ele`ele plant toxic waste dump.

More importantly she gave the board united Democratic Party support. And Republican Kusaka didn’t like it, especially when KIUC top dog Greg Gardiner was being excoriated over his current- and sometimes past- documented deceits and dirty deeds.

Kusaka wanted the deal done. But the council was sitting through hours of televised meetings starring the “nitpickers”- who had adopted the name in a statement of ridicule of Kusaka. They were now credited with “saving” consumers tens of millions and trying to save tens if not a hundred more.

They filed up to have their three or six minutes tirades against the price and not the co-op concept but against “this” co-op- the one with the widely reviled and defamed Gardiner in charge

And Kusaka didn’t care. Her new-found Republican buddies- the ones who put her in office like Charlie King- had a big stake in seeing Republican-leaning, former “Kaua`i Times” newspaper owner, Gardiner look good.

The council was the last obstacle because the self appointed co-op board had essentially put it in their hands. The Council, in an effort to not pay the exorbitant price, actually passed a charter amendment creating a municipal power authority that remains unused today.

Finally the council got Kusaka to come and have her tell them face-to-face why they should take the give or take $225 million deal.

But unbelievably enough it was scheduled on the agenda as a secret executive session (ES) meeting,

The nitpickers and the public in general were outraged. And especially when they met under a Sunshine law provision [HRS 92-5(a)4] supposedly to meet with their “attorney” and there was no lawyer in the room- just the council and Kusaka.

(Correction- Attorney Bill Milks was in the room but was essentially there as camouflage while Kusaka and the council cut the deal.)

That’s when and where Kusaka and the council cut the deal for KIUC’s final approval

They came out of ES and everything was signed, sealed and delivered. No discussion. Vote- 7 ayes, Mr. Chair. Meeting adjoined..

Anthony Sommer, the author of “KPD Blue” and a reporter for the Honolulu Star Bulletin Kaua`i Bureau Chief at the time read the Sunshine law and didn’t believe what he just saw happen.

Having been at The Garden Island for a brief spell he knew that unlike real newspapers TGI doesn’t go to court for open meetings matters and freedom of information type requests. ... ever... at all... as a matter of policy.

But Sommer didn’t know that the Star Bulletin wasn’t going to back him up either by hiring a lawyer to find out what was discussed and just how they could decide a major public policy issue in secret .

So Sommer sued on his own nickel.

He won his case although it took years and of course by then the co-op was a thriving company with the highest rates in the country by a wide margin.

Enjoy Chapter 5- see ya Monday.

Sunday, March 30, 2008

DON’T YOU WORRY YOUR FURRY LITTLE HEAD ABOUT IT:

DON’T YOU WORRY YOUR FURRY LITTLE HEAD ABOUT IT: When Glenn Mickens takes the road to the Council meetings sometimes he actually takes the road to the Council meetings.

He’s been picking up broken off pieces of it for 14 years, charting them, measuring them and physically “putting them on the table”, showing the Council the perennially substandard work that’s cost the County millions a year in unnecessary maintenance and repaving.

Councilmembers have generally agreed with Glenn for years.

“Yup- sure is substandard...too thin” is standard fare.

There are few if any councilpersons who in the last 10 years haven’t gone with Glenn on a tour of some of the most egregious jobs, all of which Mickens has documented- something Mickens is exceptionally good about, starting all his appearances before the council with his mantra- “You have a copy of my testimony”..

But “Coach” Mickens has finally dug deep enough and learned enough simple math to prove that someone is stealing asphalt in the DPW.

Here’s his case:

The National standard for laying asphalt is 120 sq ft of road per ton. For some reason Kaua`i has a standard of only 90. No one in the Dep’t. of Public Works (DPW) knows why when the Council has asked. Old-timers say it goes back even before the 1974 CZO.

“It always been that way” they say because, well, “this is Kaua`i”.

For those who might be confused, the difference is such that the roads on Kaua`i should be thicker and better than the required inch-and-a-half thick national standard. If you pour a ton of asphalt into 90 one-square-foot buckets there’ll be enough to fill 30 more left over for every ton doing it the Kaua`i way.

Glenn has spent the last 14 years showing anyone he could how in fact the roads were actually thinner, not thicker than 1½” as they would be if all that extra asphalt were put only on the roads that are on the official DPW proposed and Council approved and budgeted yearly list of roads designated for repaving each fiscal year.

With that kind of double saving we should have roads that are thicker, last longer and have Cadillac-size shoulders... probably with enough asphalt left over to pave the bike path.

Glenn doesn’t know exactly where all that asphalt is going and is reluctant to call it theft. But he does say that when he asks DPW employees all of them look to see if anyone is listening and then tell him “take a look at the driveways of the supervisors... and developers who contribute to the mayors’ campaigns”:

But Glenn just keeps asking the Council in his respectful way- as nicely as he can- if they will to “look into it”.

And all he hears lately from the Chair, week after week, is “Thank you Glenn... anyone else?”

He tried to ask Councilperson JoAnn Yukimura about her views via email last week and got blown off with the same unresponsive silliness that DPW has used for years, contained in the exchange that follows.


Sent: Sunday, March 23, 2008 6:56 PM
To: JoAnn Yukimura
Subject: Nathan Eagles article about government watchdogs--"Nitpickers"
From: Glenn Mickens

Aloha JoAnn;

Just a note to say I completely agree with your comments to Nathan about the public knowing what they are talking about when they get on their "soapbox", TGI 3/23/08.

However, I find it quite interesting to see you make that statement and yet, no matter how long I have testified about the tax payers getting ripped off by wrong paving methods being used and documenting what I have said. not you nor any member of the council has taken steps to stop it. Or, at the very least. I would welcome one of you or all of you checking out what I say and if it is the truth then why aren't you doing something to change what is going on?

I have sent you all my documentation on this subject and if there is anything you don't understand I will be more than happy to go over it with you.

If you truly mean what you say that community involvement is important and that you need their input, then show me that my 14 years of involvement can make a positive impact.

Your comments, please.

Mahalo,
Glenn

On Mar 27, 2008, at 11:32 AM, JoAnn Yukimura wrote:

Hi, Glenn,

We did "check it out" in the last session with Donald and Ryan Nishikawa and found that the figures were averages--actually more per square foot than the standard, but the actual application varies with the specific parameters of the road. That seems very logical to me. I believe the main solution is raising the fuel taxes so we have enough resources to pave on a timely basis.

What is your response to that?

I do agree with Joe Rosa that paving over dirt is counterproductive and if you have evidence of this happening, please let me know.

Aloha,
JoAnn

Subject: Re: Nathan Eagles article about government watchdogs--"Nitpickers"
Date: March 29, 2008 11:34:27 AM HST

Aloha JoAnn:

The problem we seem to be having here is that you are asking the "fox" that is guarding the hen house about the problem with our roads. Donald and Ryan make a statement and you buy it. If you want the truth then, as you have heard me say a hundred times, ask Greg Schleper (a true neutral expert in asphalt paving) and you will get the real story.

If, as Donald and Ryan say, we are getting "more per square foot than the standard" then let them drill core holes and show us that this is the case. Remember that the rest of the nation including Oahu uses 1 ton of asphalt to pave 108 square feet and not 1 ton to pave 90 square feet as ONLY Kauai does---why would that be, JoAnn???? Mel met with
Schleper before he was monopolized off Kauai so if you want to know more please ask Mel. Again, this illegal way of paving has nothing to do with "averages"---trust me, I have researched this problem for far too long---14 years!

If you want to see a road that had no base course put down before it was paved then go look at upper Waipouli road---they paved right over the dirt, I was there watching the job being done. Joe Rosa is a very smart person and knows what he is talking about when it comes to these roads and a laundry list of problems that impact this Island---LISTEN TO HIM!!!

Obviously we need a lot larger budget for our roads repaving if we are going to repave by the 10 year plan (just as Jay has said) BUT even more, we need accountability of the way our roads are being paved and repaved. Why aren't you pushing for that performance audit along with Mel, JoAnn? If you doubt the validity of this statement then please ask the experts AND NOT THE "FOXES"!!

Also, JoAnn, why didn't you ask Ryan or Donald why Kealia Road was repaved at
a cost of $250,500 when there are few house along that road AND OTHER ROADS WITH MANY RESIDENTS ALONG IT HAVEN'T BEEN REPAVED IN 20 YEARS OR MORE? Everyone knows that road was repaved because McCloskey has the 2000 acre subdivision at the top of it and that was what it was for. BUT why no investigation to find out why tax payers money paid for it??

Thank you for your response, JoAnn, but please delve into the problem more before you simply accept what is told to you by those on the one side of the fence.

Glenn

That spurred Mickens to write the following letter to the editor of the local newspaper that has gone unpublished for a week.

To The Forum:

A big Mahalo to TGI for their excellent article, "Government watchdogs on the prowl" 3/23/08.

The article quotes JoAnn Yukimura as saying that the nitpickers are a "very valuable resource" and that "Democracy only works well when we have actively participating citizens."

I compliment JoAnn for her hours of work on so many problem areas of our government and I totally agree with her statement, "When you get a soapbox to speak from, it's really important to have your facts accurate and really listen carefully to what's happening---not make assumptions, not jump to quick conclusions." (the public is allowed only 3 minutes on that soapbox).

I have given our government accurate, documented facts and figures for 14 years about our roads not being PROPERLY paved and repaved but no one has responded to my questions. Nor has anyone delved into finding out the accuracy of my statements and if they are correct, why has no corrective action been taken?

The following words give my in depth perception of what is wrong and hopefully Councilman Rapozo's long awaited performance audit will bring some huge tax saving actions for the public:

Probably 90% or the tax payers on Kauai use their vehicles to commute around our Island. And probably 99% of those are dissatisfied with the deplorable condition of our roads. Pot holes, cracked surfaces, dips and irregular paving---all make driving miserable.

There are 300 miles of county roads on Kauai and with the limited budget allotted for repaving those roads we have been getting 8 to 15 miles of them resurfaced each year. Which means that it would take 38 years for the 8 year cycle and 20 years for the 15 year cycle to repave all of our roads---unacceptable! One of our councilmen tried to limit this cycle to 12 years 2 years ago but nothing happened.

Now, let's get into the heart of why our roads are in such bad shape.

For 14 years facts have been brought to the attention of our administrations and councils the reasons our roads are deteriorating at a far faster pace than those roads in the rest of the nation or, even on Oahu. The following details give just a few of the reasons for our roads being in such poor condition and hopefully you, the public, will read them and decide what should be done. It is your tax money that is being wasted and you certainly have the right to tell our officials what you want done.

1) Our elected and appointed government officials have seen and verified that the code of 1 1/2 inches of compacted AC (asphaltic concrete) for repaved roads and 2 inches for newly paved roads is not being followed. By either an inspector being at the paving site or by core holes being drilled to see that the proper amount of AC is being laid, this hasn't been done. But no audit or investigation has ever been done to find out why code isn't being followed.

Whenever a private contractor does a paving or repaving job they are mandated to follow the code specifications before the county will accept the job. However when our public works department tells the contractor to do a job it can be done by any method that their contract specifies. So the question arises as to why the rules are exact for the private contractor and yet, no code when the county sets the rules?

2) The national method of repaving roads (including Oahu) shows that the contractor should use 1 ton of asphalt to pave 108 square feet. This formula means that a road at an average width of 18 feet and a depth of 2 inches compacted to 1 1/2 inches will need 1 ton of material to do 108 square feet. At last years cost of $146 per ton for asphalt, a mile of road would cost us (under this accepted method) $128,480.

However, on Kauai the material used or at least specified in THEIR formula is 1 ton per 90 square feet. Obviously if you do the math that means that our roads should be getting MORE pavement than the compacted 1 1/2 inches by the national standard. And, under this formula, we would use 1056 tons to pave a mile which would cost us $154,156---OR at an added cost of $25,696 per mile!!!

But remember that our Mayor (when he was a council member) and many other members of our council and administration have looked at these roads over the years and verified that we aren't even getting the compacted 1/1/2 inches laid on them. So, where is the additional material going or the added money to buy this overage?

3) Kauai is a member of HAPI (Hawaiian Asphalt Paving Industry) which is a member of a national organization that has precise standards for paving and resurfacing roads. However even though paving contractors on Kauai belong to HAPI they only do their work according to the contract that the county gives them---NOT to HAPI standards.
For example, year after year we repave over existing badly cracked and broken roads and thus with a poor sub base the finished layer of asphalt will crack and get pot holes. And yes, it will cost us more up front to do the job by HAPI standards BUT in the long run our roads will last longer and be in better shape and will save us millions of dollars!

4) By using the Kauai "method" of ordering more asphalt than is needed and by using sub standard methods of repaving our roads, the tax payers are certainly not getting what they are paying for.

5) The methodology of picking which roads to be repaved is also highly questionable. How many of you citizens are living along a road that hasn't been repaved in 20 years of more? And yet on the 05-06 repaving list Kealia road was resurfaced at a cost of $250,800---a road that has few houses along it BUT a 2000 acre subdivision is going to be built at the top of it---any questions??!!!

So, who is responsible for this huge waste of millions of dollars or our tax money? All the past and present administrations for their lack of oversight and finding out what is going on. Plus the past and present councils for continually funding these projects without mandating that we do the job by all nationally accepted methods and not by our much costlier way.

The Council wisely funded an audit ($500,000) that was pushed by Councilman Rapozo 4 years ago and to date it hasn't been implemented. WHY??? Unless we significantly increase our repaving budget, find out where the waste is going, and pave according to national standards to make our roads last 5 times longer, we, the driving public will continue to suffer.

Glenn Mickens
Kapaa

Wednesday, September 8, 2010

MUZZLED (Part 3)

MUZZLED (Part 3): While the subject line may not be as jarring as embezzlement and slavery, another story- one that may have much bigger implications for the island’s future- is striking for it’s absence from the local newspaper.

The big news ran in a Pacific Business News article headlined

Barking Sands Going Off Grid
A fragile domestic electricity grid makes military installations unnecessarily vulnerable.


The sub-head tells the rest of The Pacific Missile Range Facility’s (PRMF) side of the story including a target date of 2015.

You don’t have to be a mathematics genius to understand the untold story of the implication for rate-payers who are forced to remain on the grid and who will have to pay for all the established infrastructure of lines and generation facilities with fewer rate payers.

Actually you didn’t have to be a genius to predict it either. The “nitpickers”, who got their name from then Mayor Maryanne Kusaka for their efforts opposing the sale, did so during the deal-making process about a decade ago.

They knew that when the big users- specifically naming PMRF among them- decide to go off the grid the rate payers would suffer. And as home generation though wind and solar became cheaper and more widely available more families would leave the grid too making their- now our- old fissile fuel generation units, well, old fossils.

And you don’t have to be anything but observant to understand the links the local newspaper has to Kaua`i Island Utilities Cooperative (KIUC) to understand why the story was absent from its pages.

First of all, the firing of Business Editor Coco Zickos for not making kissy-face with the Chamber of Commerce crowd wasn’t the first time a business editor left under similar circumstances.

A few years back Business Editor Andy Gross was starting to ask questions about KIUC and publish answers that didn’t please the board and management. One weekend, while then weekend editor Paul Curtis read the latest installment of Gross’ investigative efforts he demanded Gross leave out the most embarrassing parts.

Gross essentially told Curtis “to take this job and shove it” but when the editor returned Monday, Gross wasn’t the only one out of a job. Curtis was fired and by the time Gross was offered his job back he had already found better paying employment and refused to return to a newspaper that censored news.

But why would Curtis- who has been rehired under Editor Nathan Eagle and reinstalled as weekend editor- care? For that you have to go back to the nascent days of The Kaua`i Times newspaper where then publisher Greg Gardiner gave Curtis his first newspaper job as Gardiner’s shill in his pro-development efforts.

Gardiner went on to lead the coop’s efforts to buy the utility at any price that owner Citizen’s Utilities asked- an original price that was dropped by over $50 million and, the nitpickers contended, should have been lowered much more with some, including PNN, saying they should have had to pay us to take it off their hands due to the other liabilities such as the toxic waste dump under the Ele`ele power plant.

Add to that the fact that KIUC is one of the biggest advertisers in the paper- using rate-payer’s bucks for happyface PR- and it doesn’t take a genius to figure out why news of the biggest user of electricity deciding to go it alone hasn’t made the pages of our “newspaper of record”.

A newspaper is more than just another business especially when it’s the only news source in town, small, independent, essentially one-person outlets like this notwithstanding.

“Without fear or favor” and “afflict the comfortable and comfort the afflicted” are more than just slogans. They are at the heart of responsible journalism- the kind our local Kaua`i newspaper apparently eschews if it displeases those who advertise with them.

Thursday, January 21, 2010

COMING HOME TO ROOST

COMING HOME TO ROOST: It never fails to amaze us how the level of satisfaction of a “we told you so” moment is inversely proportional to the time elapsed.

Nevertheless it’s another somewhat empty cut-off-your-nose-to-spite-your-face victory today as "Earthjustice" is finally going to sue KIUC for it’s diligent lack of action in protecting endangered Hawaiian petrel and Newell’s shearwater, according to an article in today’s local newspaper.

As the article reports, according to a press release:

(Earthjustice attorney David) Henkin said a “series of recommendations” — such as lowering power lines, attaching lines to bridges, switching from a vertical array of wires to a “traditional” T configuration and planting trees which shield lines — provided to Kaua`i Electric in 1995 have yet to be taken up by KIUC.

And surprise-surprise- KIUC’s response has been to file for permits to continue to kill birds rather than acting on the recommendations.

But whether through the cost of complying with the law or the “$50,000... that each violation of seabird take is subject to” it’s going to cost co-op members a pretty penny.

The irksome part is that we shouldn’t have to be paying for it.

It all harkens back to the original purchase from Kaua`i Electric and the price paid which, even after it was lowered once was still quite obviously as much as twice what it was worth.

And one of the liabilities that the “nitpickers” predicted would come back to bite us in the ass was that very 1995 list of unfollowed recommendations.

As a matter of fact it was at that point that the people fighting for a reduced price were first called “nitpickers” by then Mayor Maryanne Kusaka who had been busy flip-flopping her Republican butt on the purchase because the original board was comprised of Democratic machine honchos and whatever they wanted she didn’t.

The original purchasing board and their slick-talking honcho Gregg Gardiner and his stooge Walt Barnes simply ignored the all research, facts and figures presented by the about a dozen members of the public including the “birds liability” and the facts about members’ potential liability for the cleanup of the toxic waste dump underneath the `Ele`ele power plant, as PNN reported in 2002.

Stay tuned- there are plenty of other little surprises-on-the-rug to come as KIUC continues the be the gift that keeps on taking. As some said at the time of the pig-in-a-poke, “elephant?- what elephant?” purchase, they should have paid us to take KE off their hands.

Friday, December 16, 2011

ROUND AND ROUND SHE GOES

ROUND AND ROUND SHE GOES: When we wrote our "how-to" instruction manual for how one breaks into the county's old boy network a week ago- using the case of former KIUC Board Member, now County Energy Coordinator, Ben Sullivan as an example- we might have made it seem like the system was an invention of current Mayor Bernard Carvalho, Jr.

Hardly.

The "flack catcher" model has been the prime modus operandi of up-and-comers for decades, with administrations going back to statehood and before, picking the best and the brightest of those willing to stick their neck out, draw a dotted line and place it on the chopping block, somehow surviving to populate many if not most of the county's appointed positions.

The only difference is that Carvalho has established the ability to "take one for the team" as the only pre-requisite for a job in his administration.

But when Joan Conrow broke the story on Tuesday about the absurd plans of Grove Farm to tear down the most affordable of all housing, the old sugar-cane-era "Koloa Camp", to build "affordable housing,"- here defined as almost half-a-million-dollar homes that people need to make around $75,000 to get a mortgage for- we realized that we touched only on those entering the county's revolving door system.

We were reminded that the spokesperson for Grove Farm is VP Mike Tresler whose rise to the plantation-era company- now owned by AOL founder Steve Case, cousin of senate candidate Ed Case- is a prime example of what one can accomplish on the back end if one is inclined to fall on swords on a regular basis.

You can read Conrow's coverage at her Kaua`i Eclectic blog and her account of last night's meeting with Koloa residents at the web site of "For Kaua`i" for all the gory details- except for this "what the 'f' was he thinking?" quote from Tresler, obtained by Vanessa Van Voorhis of the local newspaper:

“(The eviction is) a tenant-landlord issue. That’s a private issue … They’re trying to make it a public issue and we’ll push back and just say it’s nobody’s business. We’re required to give that notice, so we’re going to give them that notice. … have we applied for any permits or anything yet? No. Are we in the whole planning stages of it? Yes, we are.”

Tresler- who, perhaps because of the publication of the ill-advised quote, was not at the meeting because, Conrow says, he allegedly had a flight to Honolulu last night- didn't just stumble upon his high paying job as a Grove Farm's chief henchman.

Tresler earned it as Director of Finance for the county and his role in putting the final nail in the coffin of the police career of former Kaua`i Police Department (KPD) Chief KC Lum by, when all else had failed, canceling his contract with the county on orders from... well, let's just say from above because, although Mayor Brian Baptiste was in charge at the time, anyone paying attention knew that forces behind the effort to slander and fire Lum was former Council Chair Kaipo Asing and current Councilmember Mel Rapozo.

We've detailed the stories of both Lum and Tresler in these pages before, describing details of secret investigations and pseudo trials as well as the covering up of secret documents, including the one written by the administrative judge in Lum's hearing containing exculpatory language actually clearing Lum. When the document was leaked and a member of the public tried to submit it to the council as part of his testimony, Asing actually refused to allow council services to take possession of the report.

But none of that was legally enough to fire Lum. The only way to do that, according to the county charter, was apparently by getting the Director of Finance to cancel Lum's contract.

Tresler, a sycophant of Baptiste, whose loud rants in the county building halls attempting to intimidate those who had publicly charged Baptiste with a variety of unethical and politically unsound actions was legendary among the "nitpickers,"- the council regulars who "got" what was going on as Lum, along with the Chair and Vice Chair of the Police Commission, got the shaft.

Well, as if you couldn't guess, canceling Lum's contract was one of Tresler's last actions as Finance Director and it wasn't more than a twinkling of an eye before he landed his cushy VP job with Grove Farm.

Has Tresler gone too far getting caught in a callous sounding quote? If you think so, you haven't been paying attention. A raise and a promotion seem more like it. Or did you forget that this is Kaua`i?

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Look for light posting next week- we need a break.

Friday, January 21, 2011

LOOK OUT KID, THEY KEEP IT ALL HID

LOOK OUT KID, THEY KEEP IT ALL HID: During the decade or so we regularly attended council meetings there were generally three sets of attendees.

First were governmental apparatchiks who slept in the back, if possible under the air conditioner, until called on by the council.

Then there were the great unwashed- the clueless who wandered in because they heard something was up or they took a wrong turn at the elections office.

Finally there were the regulars- aka nitpickers- and the reporters who generally sat around acting like the unruly kids in the back or the classroom kibitzing, whispering, giggling, passing notes, chewing gum and generally making a mockery of the whole thing.

But they always had something that the others two groups lacked- a copy of the agenda.

The administration people didn’t really need one. They know what they’d been summoned for.

But for the great uninitiated novices sometime we’d grab a stack and walk amongst them calling “Program- getcha program heah. Can’t tell your bill without a program- program heah.”

The truth is that even with a “program” many were often left shaking their heads, unable to follow the meeting and find their issue before it whisked by, by which time it was too late and they were left asking “wha-wha-wha just happened?”

For those who try to follow the proceedings on TV it’s even worse. As “Esatiene” wrote today in the comment section of a totally unrelated article in the local newspaper:

Watching the HOIKE Channel a few days ago i was saddened to see our elected officals skim over financial "bills" and passing them as fast as possible w/ no mention how the money will be earmaked. Sewage and Wailua (county workers' private) Golf Course, was a combined $300,000 of taxpayors money. The county council looked like a table of thieves in a den distributing stolen loot (all sic).

And it’s no wonder. Rather than actually having to read many measures the council rules state:

RULE NO. 3-OFFICERS AND THEIR DUTIES

(c) County Clerk. It shall be the duty of the County Clerk or an authorized representative, in addition to those duties prescribed by law:

(1) To read bills, resolutions, and other matters to the Council, if so required (emphasis added);

And for bills and resolutions the rules say

RULE NO. 10-GENERAL PROVISIONS REGARDING BILLS, RESOLUTIONS, MOTIONS AND AMENDMENTS

(h) Full oral readings of bills and resolutions are hereby waived and may be by title and/or number only unless a full reading is requested by any of the members present (empasis added).

As Esatiene noted many bills go through their four required appearances- going through the first reading, the public hearing, the committee meeting and the final reading- and are passed with nary a word other than the perfunctory reading by the clerk of the minimalist information already on the agenda.

Many times those notices seem to be intentionally sketchy so as not to peak anyone’s interest.

And it’s worse for “communications” especially those that don’t require approval. They aren’t even read but rather listed, by communication number, and “received” for the record, never to be heard- or heard from- again.

Not only aren’t they discussed, anyone watching the proceedings doesn’t even know they exist.

And while some are fairly innocuous, many contain vital information that is being communicated to the council- and presumably the public- including all sorts of administration reports, audits and other information.

It was only through people questioning the “reports” from the personnel department- ones listed for receipt by number only with a bunch of other communications- that the practice of downgrading budgeted positions so as to allow administration-favored applicants to get a skilled job (and to be taught “on the job”) came to light a couple of years ago... although it has seemingly died for lack of interest by the council since then.

It’s all too convenient for councilmembers who are seeking political cover to controversial subjects.

Even when the subject isn’t contentious it gives the impression that something is being hidden. Councilmembers who wonder why the public doesn’t trust them and is always calling them “secretive” and even “corrupt” need look no further that this practice to figure out at least one thing they can do about it.

As for bills and resolutions most of the times the actual “meat” of the bill or reason for the reso are short and sweet. But most of the time, unless a councilmember or a member of the public says something they fly on by under the radar unexplained and many times undebated.

So why do we mention it?

Because when the new council sub-committee recently designated to look at the council rules meets, one of the only things suggested so far is to hide things further.

Not only is there no plan to change the rules to require that they at least give a public explanation as to what each measure is about, they have proposed that those communication designated for “receipt” and even some routine “approvals” be moved to what is being called a “consense calendar” where, in one fell swoop, without even acknowledgment of each communication number as is now the practice, they will be dispatched at the beginning of the meeting.

For those attending the meetings now it’s hard enough if they want to speak on one of these “matters for receipt.”

They must listen carefully to the clerk mumble the number and jump up and frantically wave their hand so the chair sees them and then, to the dirty looks from councilmembers angry that they must endure three extra minutes at the meeting, sheepishly apologize for interrupting the “zoom agenda” with their testimony.

We’ll be looking at some other rules over the next few weeks as the sub-committee meetings get underway. But we can only hope that the review of the rules isn’t used as an excuse to pare down the public’s participation in the process- a matter that seems to get plenty of lip service but is thrown under the bus when the rubber meets the road.


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UPDATE/CORRECTION: In our January 6 post regarding President Obama’s Kailua vacation rental and a story in the on-line newspaper “Civil Beat” about how the agreement with the owner apparently violated the City and County of Honolulu’s ban on rentals for less than 30 days, we suggested that it might also violate the state ban on vacation rentals in the state conservation district.

While, as this map (pdf) of Kaua`i state districting shows, much of the coastal area on Kaua`i is in the state “conservation” district, that is not so in Honolulu where, as this map (pdf) shows, much of the coast is districted “urban.

This screen shot of a google map along side the relevant section of the state district boundary map- with point “A” on the google map indicating the 57-A Kailuana Place address where the president stayed- shows that the house in question is in the urban, not the conservation district.

Thanks to Civil Beat’s Mike Levine for setting us straight and providing the screen shot and map links.

We regret any confusion resulting from our incorrect presumption.

Monday, December 22, 2008

BEST PAW FORWARD

BEST PAW FORWARD: Well, one council meeting down and if last Wednesday’s is any indication the next 101 for this council will provide plenty of nap time.

Because for all the talk of change there wasn’t a peep of challenge of anything by anyone.

The biggest controversy was who gushed the most in lavishing undeserved praise of another one of those vapid content-free PowerPoint presentations, this time from new Director of Parks and Recreation Leonard “Lenny” Rapozo,

Rapozo was rewarded with the job despite no expertise or experience in the area, taking over for now-Mayor Bernard Carvalho after qualifying by running Carvalho’s campaign.

The meeting started out with promise when the monthly-minister- whose name we didn’t catch- slyly told a story about the time he ran a red light.

When confronted by his son in his lawlessness, instead of stressing how important a person he was and making excuses like “I had to get to church to deliver my sermon”, he told the boy he’d (pardon the interruption) “try to do better next time”.

If any of the re-elected councilmembers caught the significance or applicability of his parable they didn’t let on.

That was followed by the first indication that this is going to be yet another “go along to get along council” when an executive session was yanked from the end of the agenda and inserted into a mid-morning slot, leaving those who came to speak on other items out in the hall waiting.

Despite pleas from the nitpickers to explain 1) why the council allowed a trick question on the ballot to remove our own Kaua`i Sunshine Law from the county charter, 2) why, if it was removed from the charter, it was still on the agenda and 3) when they could see the now-moot county attorney’s opinion on the matter as proscribed by the state sunshine law- they were, as usual dismissed summarily by Chair Kaipo Asing.

But surprisingly enough the county’s “outside” attorney- only identified as “David” despite the fact he is working for the council, got up and actually lied in trying to “explain to the new council members” how the infamous 3.07(e) provision was rejected by a judge.

The fact is that the charter provision had nothing to do with the infamous ES-177 case.

David- Minkins, we believe his last name is- tried to use a judges ruling specific to ES-177 to give the impression that the judge ruled that the council could do anything they damn well please in secret meetings as long as they cloak it in “attorney client privilege”.

First he attempted to try to mash-up and mix-up the case with a request by Walter Lewis and Ray Chuan to see a slew of past executive sessions minutes after the need for secrecy was no longer valid- something provided for in the Sunshine Law.- a case that had nothing to do with ES-177 in which the county sued the Office of Information Practices (OIP) which oversees the Sunshine Law.

The case of ES-177 involved newly elected at the time Councilmember Mel Rapozo when, acceding to OIP, he apparently ranted and raged over a bunch of police department matters that had nothing to do with the agendaed subject matter.

Judge Kathleen Wantanabe’s ruling however was actually very specific to that particular ES transcript saying that any “attorney-client privilege” at the meeting was “inexorably intertwined” with the portions that normally would not be covered- something that Minkins of course did not mention at all.

And the councilmembers- all seven – sat there like bumps on a log and okayed the current request for an ES on a current unrelated lawsuit against the county.

Later the questionable use of asset forfeiture funds we discussed last week- and specifically sent to the council as testimony- wasn’t even mentioned by any of the seven

The uses of the fund for a boat, new badges and a fax machine was approved unanimously without discussion of whether they were “supplemental” in nature as the law for the funds’ use requires.

But this was all a prelude for “the show” when Rapozo, with his deputy Kylan Dela Cruz by his side, whipped out a stack of apparently expensive, spiral-bound booklets, with plastic covers, printed on high quality, almost poster-board like, paper and distributed them to councilmembers before proceeding with their “presentation”.

“Lenny” was introduced with no last name and when Councilmember Tim Bynum asked him to identify himself Rapozo claimed he already had.

Rapozo actually started off trying to get away without doing his PowerPoint presentation and had to be forced to use the glorified overhead projector..

Then believe it or not he started off by saying “On the first page we identified the dog path task force members”.

But this was no mere slip of the tongue like the one that an embarrassed Kaipo Asing used a few months ago to be met with derisive laughter.

He followed it up by describing the next item- “meeting dates... to help us with the enforcement part of the dog path”.

“PowerPoint” presentations for the council have been the coin of the realm for department heads in recent times under the late Mayor Bryan Baptiste, especially Carvalho who used them in order to feign competence, as we discussed a while back.

They obviously figure that the councilmembers are too dumb- or too incompetent themselves- to notice that the content is usually just a bare-bones outline of stuff that would fit on one sheet of paper with no exposition of the specifics of each “point”,

This one though went further, presenting pages of two-per sheet giant color photos of the various signs and other “features” that anyone could see if they visited the path.... none of which explained any specifics.

The first page appeared to have maybe 25 word tops with such outline subjects as “Maintenance” and lines under it saying “trash cans”, “landscape”, “informational signs”, and “dispensers and refills”

That was followed by the only other thing on the page the heading “Enforcement” which was followed by “2 bicycles (stored at Kapa`a Neighborhood center), “3 vehicles” and “hand held radios.”

Actually this brought the only questioning because apparently they took three old police vehicles to use on the non-motorized traffic bike path.

Asing was incredulous because, as anyone in county government knows and he explained, there is a strict policy against using old “retired” police vehicles because they are “high powered” and notorious gas-hogs.

After some other superfluous info with a distinct lack of detail and the “how I spent my summer vacation” picture-show came the most important thing the council had demanded they come up with more than a month ago but never got because Carvalho was too busy running for Mayor- the actual forms for the bureaucratic functioning of the experimental “dog path”- those for writing tickets, signing up volunteers etc.

Problem was that, although they were in that Cadillac of Booklets they weren’t on the actual slide show- er, PowerPoint..

Well with all the gushing from all- and we mean all- the councilmembers you would have thought these geniuses had expanded string theory what with all the oooo’s and ahhhh’s over the presentation.

We’re distinctly disappointed in the new council for starting off on the wrong foot.

The fact is that it becomes increasingly more difficult to stop unethical, even illegal practices once you allow them to happen by not raising your hand to question them.

No one’s asking the newbies to be confrontational but at least ask the questions required of an oversight body when you’re made aware of them.

That’s been the major complaint about the council- even when members of the public legitimately question practices, do research to back it up and testify or submit it to them they’re greeted with “thanks for sharing- all in favor?- next item please”.

In the case of the police requests, the chief was even in the room. And in the case of the prosecutor’s fax machine if she wasn’t there, why not? Certainly when she was a councilperson the new prosecutor, Shaylene Iseri Carvalho would have demanded someone requesting money from the council be there to answer questions.

And accepting shoddy work without asking pertinent - not impertinent- questions is bad enough. But heaping praise instead of deserved criticism can only be seen as a political ploy possibly to secure a place at the corruption table.

Worse is actually voting for the measure that should have gotten more scrutiny without asking the questions the voters expect will be asked.

Once you have complemented people who are doing shoddy work on one matter how do you confront them later?

Some may say “hey- give them a chance- that was just their first meeting”. But that misses the point- that first meeting will set the tone for other 101 over the next two years.

If past is prologue it could be “same old, same old” as the new members especially if instead of sharpening elbows they just use them to make room for themselves in the “look the other way” old boys and girls club.

We’ll see how it goes in January but if last Wednesday was any indication we’re not too hopeful for any change.

Thursday, March 27, 2008

AH, THE SMELL OF PLANTATION LUNAS THE MORNING::

AH, THE SMELL OF PLANTATION LUNAS THE MORNING: An article in today’s local newspaper about the new “green” National Tropical Botanical Gardens (NTBG) center in Lawa`i contains a note about the fact that the multi-million dollar project is being financed in part by a $300,000 loan through the good graces of the Kaua`i Island Utilities Co-op (KIUC)

But buried deep in the article is a note that according to KIUC Board member Peter Yukimura the next $300,000 loan is going to Island School.

Now calm down- what might strike some as another unrelated-to-anything expenditure that might show up on our electric bills is actually a pass-through loan from a U.S. Department of Agriculture “Rural Economic Development Land and Grant” program which puts up the low-cost loan money and electric co-ops like ours choose a non-profit group in the community to receive it. (Yukimura also reportedly said the money has to go a “co-op”)

We wondered, why Island School It’s known as a private school where the elite send their kids and tuition is just under $10,000 a year- $6500 for pre-school

Well a look at the list of Board members of KIUC,
Island School the NTBG and even the first $300,000 recipient, Kaua`i Hospice might give a clue, especially when some context is provided and a couple of other “connector” names are added.

All of the recipients are fine institutions. So, as they used to say on the streets of NYC, “we ain’t sayin’, we’re just sayin’...”

Here’s a list of who and what we found in a day of snooping around:

James Mayfield: Island School Board Director ; Former KIUC Board Director; Bank of Hawai`i Vice-President; Manager of Kaua`i operations; Owner and President, Island Business Services, Inc.; Republican Political ally of Charlie King; involved in extensive financial support and business dealings with King and Holbrook W. Goodale and others in the auto industry on Kaua`i

David Proudfoot: Attorney for KIUC Board since before inception; VP of Island School Board of Directors; Partner in Belles, Graham, Proudfoot & Wilson which has routinely represented Grove Farm before the County Council and Planning Commission for many years,

Charlie King: Island School Board Director; President of King Auto Center; Former campaign chair for former Mayor Marianne Kusaka; business associate of Mayfield

David Pratt- President of Island School Board; Trustee for NTSB; Retired long time President of land-baron Grove Farm and former employer of Allan Smith and Mark Hubbard; Now President, Niu Pia Land Company

Allan Smith: KIUC board member; Former Senior Vice President of Kaua`i Grove Farm under Pratt; Former Interim Director of State DLNR

Holbrook W. Goodale: NTBG Trustee, Member, Island School Board; Retired Rancher and Auto Dealer. Associate of King and Mayfield

Bill Cowern: Island School Board, Owner, Hawaiian Mahogany (or Mahogony according to Island School’s web site) which has preliminarily contracted with KIUC in controversial albezius wood-chip growing business for a bio-mass energy operation.

Victor Punua: Island School Board Director; Proprietor of Punua Insurance Agency; Has decades of extensive business and governmental-service dealings with Teofilo "Phil" Tacbian, KIUC Board Treasurer and Independent Insurance Agent.

Teofilo "Phil" Tacbian: KIUC Board Treasurer and Independent Insurance Agent.

Mark S. Hubbard: Kaua`i Hospice board member and former executive at Grove Farm under Pratt; and A. Smith at Grove Farm. Also worked for Amfac Sugar-Hawai`i; Current Chair of Kaua`i Board of Ethics, under fire for ethical violations in clearing of others for ethics violations

Wade Lord: Island School Director; Manager of Grove Farm’s Kukui Grove Shopping Center; Former Manager of Kaua`i village Shopping Center where he fought efforts of the County to force the owners to comply with requirements to build a bridge to the neighboring shopping center.

Marianne Kusaka: Former Kaua`i Mayor; Original chief proponent of the electric co-op purchase before inception, even at original inflated prices. Called opponents of co-op’s original inflated price nitpickers, coining tongue-in-cheek term for Kaua`i government activists. Most of the above named contributed to her campaign and pet charities.

Wednesday, February 17, 2010

ON HIS OWN TERMS

ON HIS OWN TERMS: There are two worlds in Kalalau Valley. One is populated by tourists hikers and campers. The other is inhabited by the “outlaws”... some of the best people you’d ever want to meet.

Rodney Ahn was one of them and that’s where we met him about two decades ago.

Those self proclaimed “outlaws”- who, like the “nitpickers” at county council meetings take pride in the pejorative name given them by the authorities who harass them and chase them down- are the heart and soul of the valley and without them the valley would suffer tremendously.

They are the ones who are always there- except for when they become all but invisible upon the invasions of the conservation enforcement agents who “sweep” through the valley now and again- and remind the real transients to be respectful of not just the physical environment but the more intangible elements with which they co-populate the hills.

We met Rodney there sitting across a circle, the two of us playing the only two guitars in the valley, reeling off Elton John songs- of which Rodney, despite being a local boy, somehow had an encyclopedic knowledge.

We saw him back there over the years and also we’d see him around town. We ask “whatcha up to Rodney” and he’d say “just got out of the valley and I’m headed back in as soon as I can”.

He’d usually find some work, buy some supplies and return to the world he loved.

Rodney and the other outlaws have found something back there that is impossible to find anywhere else, at least for them. It’s not always clear what that is as we live out our lives here on the outside. But every time we go back there we remember what that is and what drives Rodney and the other handful of outlaws to return over and over despite the dozens of tickets and even jail time some receive for daring to live their dream.

We’ll always envy Rodney. As his brother was quoted as saying in today’s newspaper

(Rodney) told him, “‘That’s where I wanna be and that’s where I want to end up.’ So I guess he was happy.... He got all the choices he wanted. Maybe we should all get that lucky,”

It was a shock but not a surprise to find out that he left this world from his camp in the valley.

Even those who spew venom at the “outlaws” have said they envied Rodney.

See ya in the valley brother.

Thursday, December 11, 2008

ALL POWER TO THE POODLES

ALL POWER TO THE POODLES: KPD Blue is not just a book- it’s the true story of the abuse of power that led to the removal of Chief George Frietas and culminated in the “retirement” of Chief KC Lum.

Whatever people think about Anthony Sommer’s characterizations of the blatant widespread. illegal race bias in Kaua`i government, the events and facts behind them are irrefutably documented.

But of course the book ends when Sommer retired with a golden parachute after his articles went unappreciated at either of the county buildings.

Glenn Mickens was there too and knows the real story including the one the press refused to publish at the time- that fact that Police Commission Chair Mike Ching was actually found to be innocent of any wrong doing according to the administrative judge in the matter.

But that was never made public because the Kaua`i Ethics Board refused to release the document containing the judge’s actual detailed ruling- which essentially exonerated Ching-. and released only their approved excerpted documents instead.

The secret “executive” document was obtained by “nitpicker” Richard Stauber through what he described to the council as a magical event- it flew in his window in the middle of a lightning storm- and he submitted it as written testimony to the council.

Richard then sat and read the pertinent parts of the judge’s words and in one of the most bizarre episodes in the annals council secrecy and corruption, the council refused to receive the document from a member of the public.

As a matter of fact they tried to physically give it back to him- and Richard refused to physically take it back.

And because of that the local newspaper only reported on the “official documents” from the Ethics Board..

Sitting there watching all this happen was the council watchdog supreme, charter “Nitpicker” Glenn Mickens.

Mickens knows all the other particulars and now has detailed the railroading of KC Lim by what he calls “the power”.

In today’s guest post (below) Mickens gives his thoughts on and attests to what we who watched it all happen and know to be the true story of the various witch hunts that occurred of a couple of years back with Lum and almost a decade ago with Frietas..

The only problem is that Glenn doesn’t name names.

So here’s a puzzle- we’ll list most of the names of those “powers” and you can fill in the blanks... or you can make it a drinking game.

Marianne Kusaka
Brian Baptiste
Bernard Carvalho
Kaipo Asing
Mel Rapozo
Shaylene Iseri Carvalho
Peter Nakamura
Mike Tressler
Warren Perry
Randal Valenciano
Ron Kouchi
Darryl Kaneshiro
Leon Gonsalves
Lani Nakazawa
Matthew Pyun
Wally Rezentes Sr.
Wally Rezentes Jr.
Ian Costa
Mark Hubbard
David Pratt
Beth Tokioka
Jimmy Tokioka
Keith Robinson
The members of :
The Kaua`i Ethics Commission’
Grove Farm Inc
The Hawai`i Visitor’s Bureau
The Pacific Missile Range Facility
or anyone appropriate from the index of KPD Blue

Winners get a one year pass to the county council meetings and probationary membership in the nitpickers to be redeemed after challenging 12 different agenda items

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By Glenn Mickens

In my opinion there was a total and methodical conspiracy to remove KC Lum from his position as Chief of Police.

Tony Sommer wrote an outstanding in depth story (KPD Blues) about this conspiracy and other corruption that goes on not only in our police department but in our total government.

I will more simplistically give my take on this conspiracy and confine my views to just the main lies that removed this learned, dedicated man from office. For lack of a better word for those responsible for this conspiracy I will just use the term "Power" and let the readers point the finger at whoever they feel is most guilty.

First there was the police commission connection. This 5 member commission is empowered by our charter to select a Chief. 4 of these 5 commissioners in their unbiased evaluation process chose KC Lum to be the Chief. The two of three finalists for the job were Daryl Perry and KC Lum and except for one member of the commission who voted for Perry (he was accused of racial bias towards Lum) the selection would have been unanimous.

However, the "power" certainly couldn't have a Chief operating the department who couldn't be manipulated and might break up the widespread drug problems on Kauai.

So "they" began their effort to prove that Lum was illegally placed in office. First "they" went after Mike Ching, an outstanding voluntary commissioner for 3 years, and got him to resign. His "major" fault was that he used his 1st amendment right to support Lum as chief and by asking others to support this outstanding candidate! Wow, what a crime!!

Then the "power" went after another commissioner, Carol Furtado who also picked Lum over Perry even though she grew up with Perry and felt that Lum was the better qualified! Ms Furtado chose to be her own defense at a public contested case (administrative trial) hearing AND was completely exonerated of any wrong doing---a blow to the "power"!

Next the "power" went after the officer that Lum had picked as his Deputy Chief, Ron Vennaman. Ron's "mistake" was also believing that Lum was the best qualified for the Chiefs' position and soliciting signatures from other officers in a support letter for his appointment---as with Ching his 1st amendment right. And, a check of Vennaman’s qualification to be Deputy Chief or to support his evaluation of Lum, one only has to look at his biographical data sheet. It reads like a who's who of highly experienced police officers in the nation!! So, in the process of appointing a new acting chief when Lum "retired" the protocol shows that Vennaman should fill that position.

But our Mayor had made sure that the police commission now had members that followed his wishes---Ching and the other two members who voted for Lum were now gone. So Vennaman was "overlooked" and put back as a patrolman---a huge injustice to probably the best qualified officer in Hawaii.

Now, a new twist to this conspiracy theory enters the picture. The "power" had to prove that Lum was illegally hired to his position so they tried to make the case that Ching and Furtado had acted in a prejudicial manner by voting for Lum over Perry. But where they miserably failed to make their case was that even without Ching's vote there were still 3 others who voted for Lum making his selection legitimate.

And the "power" tried to make it legal for the finance director to take away Lum's contract (due to their bogus effort to prove that Lum was illegally hired) but failed again as only the police commission has that authority.

The "powers" next move in their conspiracy effort was to show that Lum had flagrantly exceeded his 04-05 budget by $330 thousand. However an examination of the 04-05 County of Kauai Financial Audit will clearly show that the police budget for that period had a surplus of over $8000! There was some double talk and song and dance from the "power" saying that money was taken from "another" account to cover this huge overage BUT there is no record of the Council authorizing such a transaction and by law, the Council must approve the intra-department transfer of funds. Also, there is no record on the audit books showing this sum of money being moved from one account to the other so what we have is yet another lie!!!

And finally there is the "forgery" episode---our total government trying to prove that our chief---who taught classes in forged documents---had tried to falsify one of the 3 pages of his employment contract cancellation document sent to him from the County via Lum’s attorney.

The incident was simply an error by Lum's attorney's fax machine and was quickly admitted to by his attorney. BUT the "power now in their desperation mode to find some fault with Lum to prove his incompetence sent this forgery theory to the State Attorney General.

Here the plot even thickens more. The investigator who took this forgery evidence to the AG, LEFT OUT Lum's attorney's admittance of the fax error and the AG investigators proceeded to enter Lum's house with a warrant obtained by excluding the admission of the document transmission mistake by Lum’s attorney. The responsible AG investigator took Lum’s computer hard drives in an attempt to prove the forgery theory. Once the AG found out the truth about this botched scheme, the case was dropped like a hot potato! The question still remains as to why the investigator left out the most relevant part of the forgery theory---the part that would have kept the AG from embarrassing their office and a potential huge law suit against them.

In a brief summary as there is so much more---read KPD Blues. The "power" tried to make their case to fire Lum on 3 huge lies---he was illegally hired to be Chief; he overspent his budget by $330,000; and he forged his employment contract cancellation papers.

Due to the cancellation of Lum’s employment contract, Lum chose to retire from police service to avoid loosing his pension and retirement benefits. The legality of the contract voidability is still in dispute in Lum’s lawsuit against the County.

It would appear that this "conspiracy" has worked as Lum is no longer our Chief. But every dog has his day in the sun and, in my opinion, this dedicated man will prevail in a higher court and his reward will cost this county dearly for what they have done to him. Or, to put it more clearly, the fat lady has not sung so the game is not over!!!

Friday, October 10, 2008

A TALE OF TWO DOG POUNDS

A TALE OF TWO DOG POUNDS: This weekend’s installment of KPD Blue- “Chapter 10- George Freitas”- beings the long and winding chronology of three police chiefs and, according to Sommer’s narrative the process by which the old boy network, through persistence, secrecy and race-based cronyism finally got their man into office in the person of current Chief Darryl Perry who was “supposed to” get the job when Freitas- an outsider- was forced out.

The book tells the story of how Freitas was replaced by KC Lum- also a mainland outsider, although a KPD lieutenant- who, in a series of machination involving the county council, the police commission and the ethics board, was drummed out on trumped up charges along with the head of the police commission Michael Ching.

Yet unless you’ve read the book you’d never know how, through suppression of documents and illegal secret meetings- and a complicitous press that refused to look at the real documentation- Perry was finally hired as Chief.

Sommer’s documented tale stands as the true story of what happened, as anyone of the “nitpickers” who attended the sessions and saw all the documents leading to Lum’s ouster can attest to.

At one point the council didn’t want to see the real documents from an administrative judge’s determination in the Ching case so much that when nitpicker Richard Stauber tried to give the documents he had obtained to the council to make them part of the record, Chair Kaipo Asing actually demand Stauber take them back. When Stauber refused Asing then purged them from the public record.

The complete set of documents show how the ethics board cherry picked the judges determinations in order to find that Ching exhibited undue favoritism in the commission’s selection of Lum as chief

But Perry’s supporters still cling to the “official” story that somehow he was the one who wronged in the whole process.

Despite the availability of KPD Blue- which can be purchased through Amazon.com and will soon be available at Border’s book store in Lihu`e (watch this space for an announcement when it’s “in”)- this little tidbit appeared in the local newspaper under the regular “Ask the Chief” banner.

Here’s what the Chief had to say in answer to a supposed unsolicited question, presumably from a member of the public unconnected with the force

Q: It’s been almost a year now that you’ve been in office. How have things been going? Was the transition difficult getting back in the groove? And how do you like being back home?

It was obvious to me that you got the raw end of the deal the first time around. Has anyone apologized to you for what the old police commission did?

Jason, Lihue

Apologized? Although there is no evidence that Perry personally had anything to do with the corrupt ouster of Lum, he certainly did nothing to stop it, even as his brother Warren aced as a surrogate in support of Leon Gonsalves during the infamous ”Hop Sing” incident.

Here’s what Perry had to say last Saturday:

KPD long on goals during chief’s first year

A: Things are going as well as can be expected. The first part of your question is easy, the other question touches on very sensitive areas that some individuals would like to forget.


But history is a great teacher, and if we don’t learn from our past, then we will probably repeat it. So I’ll touch a little on the second part but not too much....

After detailing some of his plans for the department, with apparent false modesty Perry passive-aggressively “answered” the second part if “Jason’s” question".

In regards to the second part of your question, concerning the prior selection process and me getting the raw end of deal, I really haven’t given it much thought since being appointed. It appears from individuals who I’ve spoken to on a personal basis that they felt something wasn’t right with the first selection process and that I was not treated fairly.


And the other part of your question: Has anyone apologized to me? No one representing the county of Kaua`i has ever stated publicly or given my family a written apology.

Although I invested a great deal of time, effort and expense in preparing and interviewing for the position, I’m really not sure if I deserve any apology.

When someone applies for a position there is an understanding that he or she may not get selected. So you work hard to prepare, do the best you can, and hope that the process is fair. You can only control what you do; you can’t control what others may do.

Whether the process was tainted is a matter of debate. For my family it’s something we don’t dwell on. We are moving forward toward a brighter future; besides, it’s great to be home, so I don’t have any complaints.

In closing, and it’s only my opinion, if any apology should be had, it should be made to the citizens of the county of Kaua`i and the Kaua`i Police Department, not to me. I’ll leave it at that.

Why the Chief felt the need to re-open and rub salt in the wounds is anyone's guess- perhaps it’s a preemptive strike against the contests of Sommer’s book.

But Sommer and those who are in the know won’t be “leaving it at that” because, if the Chief isn’t sure of he got a raw deal other are sure- and have the documentation to show- that the Lum and Ching got the short end of the stick.

And we predict anyone who reads the facts in KPD Blue won’t leave it at that either..

Sommer’s book follows the story through document and eyewitness accounts. We’ll leave you with a paragraph from the narrative just after Freitas walked away with a generous severance package after agreeing not to lead the parade to court that followed.

Perry was the candidate of the KPD old guard. Lum never was accused of any misconduct in office. Try as they might, Baptiste and the County Council could find nothing to use against him at the Police Commission. But he was forced—by Mayor Baptiste and the County Council (not the Police Commission, the only entity with the legal authority to fire a police chief on Kauai)—to retire on June 7, 2006, with more than three years remaining on his contract.

Thursday, June 9, 2011

FERC YOU

FERC YOU: Anyone surprised at the FERC KIUC debacle wave your electricity bill in the air.

Okay- you can go back to sleep now. Because unless you were under the proverbial rock for the past decade you must have been fast asleep to be shocked at anything "this co-op" does.

Since day one when barnacle-on-the-butt-of-Kaua`i Gregg Gardiner convinced a group of good old boys and girls and Democratic Party bosses to pay way too much for the liability that was Citizen’s Electric- and stick the resultant debt on the backs of the island working people- the hew and cry of warnings has been a loud if ineffective undercurrent of stomach churning rage from rate payers.

"We're all for a co-op- just not THIS co-op" was the slogan of the original "nitpickers" whose moniker was proudly taken from former Mayor Marianne Kusaka's attempt to denigrate the effort that saved members $50 million and should have brought the price down by another hundred million.

But the makeup of the board was a who's who of the then, two factions of the Democratic Party- the old guard represented by aging, "442nd" party boss Turk Tokita vs the new guard of then-former Mayor and then-out-of-politics progressive JoAnn Yukimura.

And when the bylaws and rules were forced down the throats of members in an all-or-nothing vote- removing the promised precepts of the Sunshine law and giving all power to the board- the course was set for today's dictatorial decision-making by a handful of the power elite.

With today's news from Pacific Business News (via the local newspaper) that William Tam, deputy director for water at DLNR said that "the state does not want Hawai‘i's (sic) in-stream flow standards to be decided by a federal agency in Washington D.C. that does not have any experience with or understand Hawai‘i’s streams" and the announcement of an effort from anti-FREC forces leader Adam Asquith to get signatures to a full page ad fully explaining all that's insanely stupid about going through the feds, the tide seems to be turning- that despite the "that's my story and I'm stickin' to it" stance of the stumble-bums on the KIUC board.

And that includes the original three opponents- Carol Bain, Ben Sullivan and Jan TenBruggencate who were elected to be the voice of reason but who now, reportedly, have switched sides.

What the board seems to have forgotten are the lessons of another recent debacle- the ill-conceived and supremely bungled Superferry and the resultant battle.

The reason why, shockingly, the people of Kaua`i seemed to oppose the big bad boat was not the boat itself but for the way it usurped the processes that, although usually ineffective, are at least supposedly there to protect us from deregulatory invasion from Washington D.C. and Honolulu.

Just as the feds and state conspired to remove the environmental assessment and impact statement process for the Superferry, once again a bunch of power mongers have decided to allow a federal process to negate the unique water rights and management laws that have been carefully developed over decades in Hawai`i.

Then when challenged the powerful wielded their power to lie and deceive in such a blatant way that nobody failed to get the "sit down and shut up" message that General Linda Lingle and her unified command threw in the faces of those who usually, unless riled up by a lack of respect, act like sheeple.

And now though few understand the ins and outs of water usage, citizens feel the same kind of "like it or lump it" missive coming from elected officials who fail to get the message that their arrogance, not the project, is the becoming the issue.

Though it's too early to tell the rising tide of indignation over the attempted FERC KIUC sleight-of-hand indicates that the same kind of outrage that swept the island over the Superferry fiasco might just be at hand.

Because, as "this co-op" circles the wagons, the natives are getting restless.

Friday, February 15, 2008

GOW MUCH IS THAT CRONY IN THE WINDOW?

HOW MUCH IS THAT CRONY IN THE WINDOW?: The cesspool of Kaua`i politics overflowed it’s honey wagon Thursday as the historically ethically-challenged Kaua`i Ethic Commission’s Chair Mark Hubbard admitted has violated the same County Charter provision he was asked to rule upon.

As reported today http://www.kauaiworld.com/articles/2008/02/15/news/news03.txt Hubbard, a long time honcho at missionary land-baron Grove Farm, admitted he routinely violates charter section 20.02D, which states in part that “no officer or employee of the county shall appear in behalf of private interests before any county board, commission or agency.”

Former State Senator and now shill for the Board of Realtor’s Jonathan Chun is now sitting in the newly-perpetual Charter Commission even though he just single-handedly convinced his crony Councilwoman JoAnn Yukimura to sell us all down the river by allowing all the vacation rental currently in our residential neighborhood to stay there forever, despite state and county laws forbidding it.

Hubbard is a chartered member of the new generation of the old boys and if this administration and council doesn’t protect their cronies, what exactly DO they do. Just the recorded and verified illegal ex-parte conversations that have gone on between Mayor Bryan Baptiste or Council Chair Kaipo Asing and the EC in the Ching/Furtado/Lum/KPD case could fill a blogpage. When you add the administration’s staff and other councilmembers, were they to be all to be documented this cheap Chihuahua would have to pay extra to publish all of those.

Hubbard’s pooh-poohing of the law is just par for the Municipal Course. He fits in well with the very un-ethical culture of the county. “why we’ve been doing it that way since the 50’s” culture that has to be dragged kicking and screaming into a world of open governance.

He’s just the latest and greatest EC chair taking over for Sandy Helmer whose legendary antics were recently documented.
Despite three requests in the last four years, the OIP has refused to take complaints about simply the agendas of the EC, which don’t list subjects much less specifics of any case. In practice the public has not even been allowed into their meetings until that became too absurd even for Kaua`i recently.

Community watchdogs and legendary “nitpickers” Glenn Mickens, Ken Taylor Horace Stoessel, Walter Davis and Ed Coll have been challenging the Commission brining up the blatant violation by Chun who actual asked for a ruling.

Both Mickens and Stoessel vehemently challenged that Friday as well as elements of the TGI story (look for them under “comments”). Hubbard and Food Bank Leader Judy Lenthall who often has to lobby for money from governmental boards commissions or agencies

Lenthall’s work is that of our local Mother Teresa and Chun may be the current devil himself on Kaua`i but that isn’t the point. Our island’s constitution document has a great prohibition for just the reason it’s there- to keep a small clique of wealthy landowners from being on the “peoples’ boards and commissions- the place where normal every day people serve to keep us in touch with our community.

In theory. Hubbard is only the latest to find himself finding out that the way things worked can’t still be the way things work now.

Asing- or “Uncle Chair”, as newbie haole councilmember Tim Bynum has been heard to call him during session- has mastered the “I am the law” art that passes for governance on Kaua`i and hizzonah does too. The administration has made hide-the-roll-of-documents into a fun game where no one responds unless you sue them.. and then they wonder why their legal bills are so high.

And that was how Jonathan Chun extorted them into allowing vacation rentals in residential neighborhoods.


Oh, Chun is a former deputy County Attorney, under Yukimura. Can you say revolving door? Same faces, new jobs. Same money- yours

And you wonder why that in fact is EXACTLY what the charter means.

99.9% of the people are eligible to serve on boards and commissions on this island. But they are filled by the same people whether in business or government... this week.

But don’t worry there’s no crisis... nothing to see here. The Kaua`i County Attorney- or “Judge” as Asing calls him- will instruct his minions to say whatever they have to say but say it in secret.

And you know what? the real judge just let them “intertwine”
http://www.kauaiworld.com/articles/2008/02/11/news/news02.txt
anything they want to say surreptitiously. If Mel Rapozo says “fire that bastard Kimo and I hate KC Lum” all in one sentence, why, how can you possibly sort that out?

And she just walked along alone
her guilt so well concealed,
and muttered underneath her breath,
nothing is revealed.

Thursday, January 2, 2014

VOTE "YES" ON THE KIUC "SMART METER COST" BALLOT

We don't suffer fools gladly as many of you have gleaned And it's no different with the KIUC smart-meter cost-sharing ballot being foisted on members/customers by those who have chosen not to participate in the 21st century non-carbon energy revolution.


Despite what you've heard from some people there's one and only one issue here- who should to pay for the cost of some people "opting out" of the switch to the new meters.


The issue isn't whether they are safe (they are) or whether KIUC is or has ever been a real co-op (it isn't and hasn't) or even whether these is a cost involved in keeping the old meters (there is) or anything else about smart meters themselves. If those who petitioned wanted to do "undo" the boards decision to switch to smart meters, they should have done so- and they didn't.


But now they want us to pay for their choice to "opt out."


If you want the pertinent facts (something those who are critical thinkers and readers will notice is sorely lacking in the much of the writings of the petitioners) about the cost of having kept your "dumb meter" (if you will) and the savings and benefits of having smart meters read the Public Utilities Commission's (PUC) ruling, not from KIUC but courtesy of former long-time North Shore State Representative Mina Morita, the current Chair of the PUC. It examines all the elements that go into the cost of "opting out" of smart meters, giving straight answer to all the conspiracy theories and "what if" conjecture and outright misinformation spread by the anti-smart meter crowd.


The fact is that there is a cost and the people who don't want smart meters want you to pay for their choice. That and that only is what the ballot question is about.


It's like if you have lunch with a bunch of people and everyone orders the chicken. But one person decides that not only does he want the lobster but he wants everyone else to chip in and pay for it. No one is stopping him from having his choice of entree but neither should other have to pay for it. We're as much of a Marxist as the next commie but that's a much larger societal issue that transcends the matter at hand.


If you want others to pay for your lobster, ask us. But don't try to tell us that it's only "fair" that we should pay for it.


It makes no difference whether you like or don't like KIUC or whether you think it's a real co-op or think it's an investor-owned utility in co-op's clothing. If you want to change things at KIUC wake up and join the "nitpickers" who fought the inflated purchase price (not to mention responsibility for the toxic waste dump under the `Ele`ele power plant and have been battling for reform for 15 years. You can read probably at least 50,000 words on the subject of "What's wrong with KIUC this week."


All the crap KIUC has done doesn't matter here. What matters is the issue on the ballot. Don't let a bunch of science-challenged conspiracy theorists make you pay for their tin-foil hats (sorry- couldn’t resist). Vote "yes."