Tuesday, May 31, 2011
WE LIKE THE DARK AS DARK AS CAN BE
WE LIKE THE DARK AS DARK AS CAN BE: To call Kaua`i Councilmembers' disingenuous claims to be champions of open meetings "lip service" is to do a disservice to all lips.
Because all the gum-flapping and tongue-wagging in the world can't negate the anti-Sunshine provisions contained in the final version of the new council rules, set for a vote at their June 15 meeting.
It's actually a double slap in the face for the public because not only did the one reform the public has demanded for years fail to be introduced by even one councilperson for inclusion, but a new rule will assure the home viewing public will be befuddled into a new sub-level of darkeness at every meeting.
For many years councilmembers insisted that the state Sunshine Law- HRS 92- forbade the public from speaking utterances that were not on the agenda. But in fact what the law actually says is that councilmembers are the only ones who are banned from discussing items that aren't posted on an agenda six days in advance of the meeting.
That "misconception"- to be generous, since the word implies no ill-intent- was dispelled by the Office of Information Practices (OIP) which, in responding to a question from the Big Island's county clerk and a member of the public, said in 2005 that
a board may permit members of the public to speak at a meeting on matters that are not on the agenda, but is not required to do so. The board members themselves, however, may not discuss, deliberate, or decide matters that are not on the agenda.
Thus, if a board elects to hear public statements regarding matters not on the agenda and the statements relate to “board business,” i.e., matters over which the board has supervision, control, jurisdiction, or advisory power, the board members must be careful not to respond or discuss the matter.
And in fact since 2005 the Hawai`i County Council has set aside time at the beginning of meetings when members of the public can come forward and testify on any matter within the purview of the council whether it is on the agenda or not.
That means that rather than allow Kaua`i councilmembers to sweep matter brought to their attention by members of the community under the rug, they might now- once it's cable and web-cast- have to acknowledge everything from allegations of mismanagement, corruption and cronyism to questions regarding unfilled potholes or the need for a bus stops.
But although a parade of people testified over the many months that the council's "Subcommittee on Rules" has been sitting, asking the council to emulate the Big Island's practice, not one councilmember even tried to introduce a rule requiring such a session, assuring that they wouldn’t have to face an on-the-record anti-Sunshine vote.
As a matter of fact when testimony was given councilmembers actually told the public that they were still awaiting word from OIP- even though anyone could look up formal opinion 05-02 in about a minute and a half as we did today- despite the fact that people testified that the practice was ongoing in Hawai`i County.
But the council didn't stop there. They actually made it so that people who are currently treated like mushrooms (kept in the dark and fed bullsh*t) will now be made totally blind to anything the council chooses not to discuss, by creating something called a "consent calendar."
Anyone who watches meetings at home has no doubt watched in confoundment as the county clerk rattles off a bunch of numbers and the council votes to "receive" the associated list of communications without revealing what they contain.
Forget the fact that people are watching so that they can find out what the council is doing- "don't worry you pretty little head about that" say councilmembers.
And then there are "communication for approval" which, although they are read aloud and, by law are supposed to contain enough information to let the average person know what they are about, are usually so brief as to confound rather than inform.
Usually these two types of communications pass with absolutely zero discussion. But at least when, for example, the prosecutor requests she be allowed to purchase a $3000 printer or the police department wants to buy 10 new $5,000 computers the home-viewing public gets to say to themselves "hey- how come so expensive... can't they get them cheaper at Wal-Mart?"
Now the council will be able to place all of these items on the new consent calendar and approve them in one fell swoop without even reading them aloud, making sure that any potentiality embarrassing or even interesting information contained therein is kept fully up their sleeves.
And guess what? They will get away with this because in making it harder for the public to understand what they are up to, they know that people will simply give up.
If anyone cares to let the council know how they feel about getting the fungi treatment email them at counciltestimony@kauai.gov.
Because all the gum-flapping and tongue-wagging in the world can't negate the anti-Sunshine provisions contained in the final version of the new council rules, set for a vote at their June 15 meeting.
It's actually a double slap in the face for the public because not only did the one reform the public has demanded for years fail to be introduced by even one councilperson for inclusion, but a new rule will assure the home viewing public will be befuddled into a new sub-level of darkeness at every meeting.
For many years councilmembers insisted that the state Sunshine Law- HRS 92- forbade the public from speaking utterances that were not on the agenda. But in fact what the law actually says is that councilmembers are the only ones who are banned from discussing items that aren't posted on an agenda six days in advance of the meeting.
That "misconception"- to be generous, since the word implies no ill-intent- was dispelled by the Office of Information Practices (OIP) which, in responding to a question from the Big Island's county clerk and a member of the public, said in 2005 that
a board may permit members of the public to speak at a meeting on matters that are not on the agenda, but is not required to do so. The board members themselves, however, may not discuss, deliberate, or decide matters that are not on the agenda.
Thus, if a board elects to hear public statements regarding matters not on the agenda and the statements relate to “board business,” i.e., matters over which the board has supervision, control, jurisdiction, or advisory power, the board members must be careful not to respond or discuss the matter.
And in fact since 2005 the Hawai`i County Council has set aside time at the beginning of meetings when members of the public can come forward and testify on any matter within the purview of the council whether it is on the agenda or not.
That means that rather than allow Kaua`i councilmembers to sweep matter brought to their attention by members of the community under the rug, they might now- once it's cable and web-cast- have to acknowledge everything from allegations of mismanagement, corruption and cronyism to questions regarding unfilled potholes or the need for a bus stops.
But although a parade of people testified over the many months that the council's "Subcommittee on Rules" has been sitting, asking the council to emulate the Big Island's practice, not one councilmember even tried to introduce a rule requiring such a session, assuring that they wouldn’t have to face an on-the-record anti-Sunshine vote.
As a matter of fact when testimony was given councilmembers actually told the public that they were still awaiting word from OIP- even though anyone could look up formal opinion 05-02 in about a minute and a half as we did today- despite the fact that people testified that the practice was ongoing in Hawai`i County.
But the council didn't stop there. They actually made it so that people who are currently treated like mushrooms (kept in the dark and fed bullsh*t) will now be made totally blind to anything the council chooses not to discuss, by creating something called a "consent calendar."
Anyone who watches meetings at home has no doubt watched in confoundment as the county clerk rattles off a bunch of numbers and the council votes to "receive" the associated list of communications without revealing what they contain.
Forget the fact that people are watching so that they can find out what the council is doing- "don't worry you pretty little head about that" say councilmembers.
And then there are "communication for approval" which, although they are read aloud and, by law are supposed to contain enough information to let the average person know what they are about, are usually so brief as to confound rather than inform.
Usually these two types of communications pass with absolutely zero discussion. But at least when, for example, the prosecutor requests she be allowed to purchase a $3000 printer or the police department wants to buy 10 new $5,000 computers the home-viewing public gets to say to themselves "hey- how come so expensive... can't they get them cheaper at Wal-Mart?"
Now the council will be able to place all of these items on the new consent calendar and approve them in one fell swoop without even reading them aloud, making sure that any potentiality embarrassing or even interesting information contained therein is kept fully up their sleeves.
And guess what? They will get away with this because in making it harder for the public to understand what they are up to, they know that people will simply give up.
If anyone cares to let the council know how they feel about getting the fungi treatment email them at counciltestimony@kauai.gov.
Labels:
Council Secrecy,
Kaua`i County Council,
OIP,
Sunshine law
Monday, May 30, 2011
WAR CRIMES 'R' US
WAR CRIMES 'R' US: We were going to re-post our traditional column regarding the traditional sickness of celebrating war and death on this day, as we did last year in "Baloney Hero, Hold The Mustard Gas". But somehow with the Obama regime's abandonment of all pretense that American war criminality is a thing of the past, the following "dispatch" from Tripoli, penned by former Georgia Congresswoman and 2010 Green Party Presidential Candidate Cynthia McKinney, seemed far more appropriate.
---------
Anatomy of a Murder: How NATO Killed Qaddafi Family Members
May 28, 2011
by Cynthia McKinney
How many times must a parent bury a child?
Well, in the case of Muammar Qaddafi it's not only twice: once for his daughter, murdered by the United States bombing on his home in 1986, and again on 30 April 2011 when his youngest son, Saif al Arab, but yet again for three young children, grandbabies of Muammar Qaddafi killed along with Saif at the family home.
Now, I watched Cindy Sheehan as she bared her soul before us in her grief; I cried when Cindy cried. Now, how must Qaddafi and his wife feel? And the people of Libya, parents of all the nation's children gone too soon. I don't even want to imagine.
All my mother could say in astonishment was, "They killed the babies, they killed his grandbabies."
The news reports, however, didn't last more than one half of a news cycle because on 1 May, at a hastily assembled press conference, President Obama announced the murder of Osama bin Laden.
Well, I haven't forgotten my empathy for Cindy Sheehan; I haven't forgotten my concern for the children of Iraq that Madeleine Albright said were OK to kill by U.S. sanctions if U.S. geopolitical goals were achieved. I care about the children of Palestine who throw stones at Israeli soldiers and get laser-guided bullets to their brains in return. I care about the people of North Africa and West Asia who are ready to risk their lives for freedom. In fact, I care about all of the children--from Appalachia to the Cancer Alley, from New York City to San Diego, and everywhere in-between.
On 22 May 2011, I had the opportunity to visit the residence of the Qaddafi family, bombed to smithereens by NATO. For a leader, the house seemed small in comparison, say, to the former Clinton family home in Chappaqua or the Obama family home. It was a small whitewashed suburban type house in a typical residential area in metropolitan Tripoli. It was surrounded by dozens of other family homes.
I spoke with a neighbor who described how three separate smart bombs hit the home and exploded, another one not exploding. According to the BBC, the NATO military operations chief stated that a "command and control center" had been hit. That is a lie. As anyone who visits the home can see, this home had nothing to do with NATO's war. The strike against this home had everything to do with NATO adopting a policy of targeted assassination and extra-judicial killing--clearly illegal.
The neighbor said he found Saif Al-Arab in his bedroom underneath rubble; the three young grandchildren were in a different room and they were shredded to pieces. He told of how he picked up as many pieces as he possibly could. He told us that there are still pieces there that he could not get. He asked us to note the smell--not the putrid smell of rotting flesh, but a sweet smell. I did smell it and thought there was an air freshener nearby. It smelled to me of roses. He asked me why this was done and who was going to hold NATO accountable.
Muammar Qaddafi was at the house. But he was outside near where the animals are kept. It is a miracle that he survived. From the looks of that house and the small guest house beside it, the strike was a complete success if the goal was to totally and thoroughly demolish the structure and everything inside it.
NATO wants us to believe that toys, items and clothing, an opened Holy Koran, and a soccer board game are the appointments found in military command and control offices. I wonder if we could find such articles in NATO's office in Brussels.
The opened Holy Koran seemed to be frozen in time. In fact, there was a clock dangling from its cord--dangling in space. And indeed, for the four young people in that house at the time of NATO's attack, time had stopped.
The concussion from the bombs were so great that eery tile on the walls and floors of the home had been knocked from the walls. Black burn marks scorched the walls. The force broke a marble or granite countertop. The bathtub was literally split into two parts. Shards of the bomb were everywhere. I wondered if the place was now contaminated with depleted uranium.
The Qaddafi home is a crime scene--a murder scene. The United States prisons are full of men and women who are innocent--even on death row. I wonder where the guilty who are never prosecuted go.
Now, if the International Court of Justice were really a repository of justice, it would be investigating this crime. Instead, it is looking for yet another African to prosecute. We in the United States are familiar with this: on our local news every night, we are saturated with photos of Black and Brown criminals with the implication being that White people don't commit crime. The moment the face of someone arrested is not shown, then we know that the culprit is White. It's the unwritten code that we people of color all live by wherever in the world we might happen to be. Global apartheid is alive and well and exists on many levels.
I left the house sick in my heart. As I was about to depart, the neighbor begged me, asked me over and over again, why had this happened? What had they done to deserve this? He seemed to not want me to leave. Honestly, I think I was his little piece of America, his little piece of President Obama and I could help him to understand why this course of action was necessary from my President's point of view. He said NATO should just leave them alone and let them sort out their problems on their own.
I did leave his presence, but that man's face will never leave me.
Dr. Martin Luther King, Jr. warned, "History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people."
In response to my previous article, "NATO, A Feast of Blood," I received the following quite about Buddha from Shiva Shankar who excerpted Walpola Rahula's "What The Buddha Taught:"
"... The Buddha not only taught non-violence and peace, but he even went to the field of battle itself and intervened personally, and prevented war, as in the case of the dispute between the Sakyas and the Koliyas, who were prepared to fight over the question of the waters of the Rohini. And his words once prevented King Ajatasattu from attacking the kingdom of the Vajjis. ...
... Here is a lesson for the world today. The ruler of an empire publicly turning his back on war and violence and embraced the message of peace and non-violence. There is no historical evidence to show that any neighbouring king took advantage of Asoka's piety to attack him militarily, or that there was any revolt or rebellion within his empire during his lifetime. On the contrary there was peace throughout the land, and even countries outside his empire seem to have accepted his benign leadership. ..."
Please don't allow special interest press and war mongering gatekeepers of the left to blot out the tragedy unfolding in Libya. Please don't allow them to take away our chance to live in peace throughout our land and with countries inside and outside our hemisphere. Congress should vote to end NATO's action in Libya and barring that should assert its Constitutional prerogatives and require the President to come to it for authorization of this war. And then, Congress should heed the wisdom of the people of our country who are against this war and vote for peace.
---------
Anatomy of a Murder: How NATO Killed Qaddafi Family Members
May 28, 2011
by Cynthia McKinney
How many times must a parent bury a child?
Well, in the case of Muammar Qaddafi it's not only twice: once for his daughter, murdered by the United States bombing on his home in 1986, and again on 30 April 2011 when his youngest son, Saif al Arab, but yet again for three young children, grandbabies of Muammar Qaddafi killed along with Saif at the family home.
Now, I watched Cindy Sheehan as she bared her soul before us in her grief; I cried when Cindy cried. Now, how must Qaddafi and his wife feel? And the people of Libya, parents of all the nation's children gone too soon. I don't even want to imagine.
All my mother could say in astonishment was, "They killed the babies, they killed his grandbabies."
The news reports, however, didn't last more than one half of a news cycle because on 1 May, at a hastily assembled press conference, President Obama announced the murder of Osama bin Laden.
Well, I haven't forgotten my empathy for Cindy Sheehan; I haven't forgotten my concern for the children of Iraq that Madeleine Albright said were OK to kill by U.S. sanctions if U.S. geopolitical goals were achieved. I care about the children of Palestine who throw stones at Israeli soldiers and get laser-guided bullets to their brains in return. I care about the people of North Africa and West Asia who are ready to risk their lives for freedom. In fact, I care about all of the children--from Appalachia to the Cancer Alley, from New York City to San Diego, and everywhere in-between.
On 22 May 2011, I had the opportunity to visit the residence of the Qaddafi family, bombed to smithereens by NATO. For a leader, the house seemed small in comparison, say, to the former Clinton family home in Chappaqua or the Obama family home. It was a small whitewashed suburban type house in a typical residential area in metropolitan Tripoli. It was surrounded by dozens of other family homes.
I spoke with a neighbor who described how three separate smart bombs hit the home and exploded, another one not exploding. According to the BBC, the NATO military operations chief stated that a "command and control center" had been hit. That is a lie. As anyone who visits the home can see, this home had nothing to do with NATO's war. The strike against this home had everything to do with NATO adopting a policy of targeted assassination and extra-judicial killing--clearly illegal.
The neighbor said he found Saif Al-Arab in his bedroom underneath rubble; the three young grandchildren were in a different room and they were shredded to pieces. He told of how he picked up as many pieces as he possibly could. He told us that there are still pieces there that he could not get. He asked us to note the smell--not the putrid smell of rotting flesh, but a sweet smell. I did smell it and thought there was an air freshener nearby. It smelled to me of roses. He asked me why this was done and who was going to hold NATO accountable.
Muammar Qaddafi was at the house. But he was outside near where the animals are kept. It is a miracle that he survived. From the looks of that house and the small guest house beside it, the strike was a complete success if the goal was to totally and thoroughly demolish the structure and everything inside it.
NATO wants us to believe that toys, items and clothing, an opened Holy Koran, and a soccer board game are the appointments found in military command and control offices. I wonder if we could find such articles in NATO's office in Brussels.
The opened Holy Koran seemed to be frozen in time. In fact, there was a clock dangling from its cord--dangling in space. And indeed, for the four young people in that house at the time of NATO's attack, time had stopped.
The concussion from the bombs were so great that eery tile on the walls and floors of the home had been knocked from the walls. Black burn marks scorched the walls. The force broke a marble or granite countertop. The bathtub was literally split into two parts. Shards of the bomb were everywhere. I wondered if the place was now contaminated with depleted uranium.
The Qaddafi home is a crime scene--a murder scene. The United States prisons are full of men and women who are innocent--even on death row. I wonder where the guilty who are never prosecuted go.
Now, if the International Court of Justice were really a repository of justice, it would be investigating this crime. Instead, it is looking for yet another African to prosecute. We in the United States are familiar with this: on our local news every night, we are saturated with photos of Black and Brown criminals with the implication being that White people don't commit crime. The moment the face of someone arrested is not shown, then we know that the culprit is White. It's the unwritten code that we people of color all live by wherever in the world we might happen to be. Global apartheid is alive and well and exists on many levels.
I left the house sick in my heart. As I was about to depart, the neighbor begged me, asked me over and over again, why had this happened? What had they done to deserve this? He seemed to not want me to leave. Honestly, I think I was his little piece of America, his little piece of President Obama and I could help him to understand why this course of action was necessary from my President's point of view. He said NATO should just leave them alone and let them sort out their problems on their own.
I did leave his presence, but that man's face will never leave me.
Dr. Martin Luther King, Jr. warned, "History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people."
In response to my previous article, "NATO, A Feast of Blood," I received the following quite about Buddha from Shiva Shankar who excerpted Walpola Rahula's "What The Buddha Taught:"
"... The Buddha not only taught non-violence and peace, but he even went to the field of battle itself and intervened personally, and prevented war, as in the case of the dispute between the Sakyas and the Koliyas, who were prepared to fight over the question of the waters of the Rohini. And his words once prevented King Ajatasattu from attacking the kingdom of the Vajjis. ...
... Here is a lesson for the world today. The ruler of an empire publicly turning his back on war and violence and embraced the message of peace and non-violence. There is no historical evidence to show that any neighbouring king took advantage of Asoka's piety to attack him militarily, or that there was any revolt or rebellion within his empire during his lifetime. On the contrary there was peace throughout the land, and even countries outside his empire seem to have accepted his benign leadership. ..."
Please don't allow special interest press and war mongering gatekeepers of the left to blot out the tragedy unfolding in Libya. Please don't allow them to take away our chance to live in peace throughout our land and with countries inside and outside our hemisphere. Congress should vote to end NATO's action in Libya and barring that should assert its Constitutional prerogatives and require the President to come to it for authorization of this war. And then, Congress should heed the wisdom of the people of our country who are against this war and vote for peace.
Friday, May 27, 2011
A SPORTING CHANCE
A SPORTING CHANCE: The cronyism in Mayor Bernard Carvalho's administration is already legendary. After his election to a full term last November competence sank to the bottom of the list of qualifications to hold appointed office.
And recently hizzonnah actually confirmed it in an interview.
As Joan Conrow wrote yesterday
I went to see Mayor Bernard Carvalho Jr. yesterday.
He’d called me last week, and asked if I’d be willing to sit down and talk story. We'd met, but never really had a discussion...
After a bit of small talk, he made the reason for our get-together clear: he wanted to know the person behind the blog...
Bernard then said he was opening the door for me to call him any time, and asked if I had any questions.
Why do we get the feeling we won't be getting a call.
Joan couldn’t help but ask about Carvalho's end run around the council's kuleana in a mid-budget-year hiring of five cronies, accomplished by shifting around money in his office to fill "dollar funded" positions- including one for ousted and disgraced former Deputy Planning Director Imai Aiu, a noted Carvalho water carrier who was alleged to have been the target of an FBI investigation before resigning.
Carvalho's response?
In explaining the rationale behind his hires, the mayor used a football metaphor that placed him as the quarterback in the line up. “I gotta be able to trust the guys on either side of me,” said the former Miami Dolphins player, looking right and left, his face and voice registering excitement. I could imagine him preparing to hike the pigskin. “I don’t ask how much they’re making, I just know they’re gonna be able to run with the ball and make a touchdown.”
It seems that Bernard, who advanced from the rank and file during his 26 years with the county, knows how difficult it can be to light a fire under the butts of some county workers, is aware of their tendency to cruise and wait out the term of the newest mayor. After sitting in the mayor’s chair for two years, fulfilling the term and agenda of the late Mayor Baptiste, he was eager now to make his own mark, advance his own ideas. And to do that, he said, he knew needed to put people he could trust, and whom he could personally hold accountable, in some key positions.
He acknowledges their participation in his campaign, and is aware that some of us view it as political patronage. He, however, sees it as insurance that at least some of the changes he envisions will occur.
Un-freakin'-believable. Normally any corrupt pol will at least TRY to make believe that the hires were the best person for the job. But perhaps Bernard knew that the laughing would have shattered ear drums from Kekaha to Ha`ena had he tried to foist such bullsh*t on us.
As if to make the point that the "protected" class of county employee is there to make sure nothing happens, at yesterday’s final passage of the county's operating budget it was revealed that the poster child for the county's cart-before-the-horse, incompetency-preservation scheme, the curbside recycling program, was essentially killed by the council because once again the purchase of the horse was not even in the budget.
A year or so ago the mayor dragged out a brand new curbside recycling "pilot program" making use of the county's brand new automated trash trucks and the purchase of a bunch of 96 gallon trash bins.
The problem is that the rest of the world makes sure they have some way to actually deal with the recycled items before they ask people to separate them and put them out by the curb.
But not good old Bernard and his good old boys and girls.
The missing sorting facility- called a materials recycling facility or MERF- was supposed to finally be part of this year's budget after years of delay for reasons unknown. But guess what? It was nowhere to be found, according to Councilmember JoAnn Yukimura's comments on the budget on Wednesday.
She explained that the lack of the MERF in the mayor's budget was why the council decided to end the curbside recycling program. It seems, she said, that the administration had at first told the council that it would cost only a reasonable $2,000 a month to sort the collected recyclables that were put in the bins unsorted. But when the bill came it was actually $14,000 a month- an outrageous amount $168,000 a year instead of $24,000.
So who's in charge of this mess? None other than the county's poster child for incompetence for over a decade and a half, Solid Waste Division head Troy Tanegawa, the epitome of the protected county employee who, through three administrations, has become the king of "fire, ready, aim." incompetence.
Having a "vision" is a two sided coin. It only works if the vision is based on a presumption that those engaged in its execution have the solid background to pull it off.
In football, the undrafted free agent may be the most enthusiastic player in the world but that and the fact that he's the owner's nephew doesn't insure he'll "be able to run with the ball and make a touchdown" like the first round draft pick.
In little league everyone gets to play, regardless of talent. But you'd think government would be a little more professional.
And recently hizzonnah actually confirmed it in an interview.
As Joan Conrow wrote yesterday
I went to see Mayor Bernard Carvalho Jr. yesterday.
He’d called me last week, and asked if I’d be willing to sit down and talk story. We'd met, but never really had a discussion...
After a bit of small talk, he made the reason for our get-together clear: he wanted to know the person behind the blog...
Bernard then said he was opening the door for me to call him any time, and asked if I had any questions.
Why do we get the feeling we won't be getting a call.
Joan couldn’t help but ask about Carvalho's end run around the council's kuleana in a mid-budget-year hiring of five cronies, accomplished by shifting around money in his office to fill "dollar funded" positions- including one for ousted and disgraced former Deputy Planning Director Imai Aiu, a noted Carvalho water carrier who was alleged to have been the target of an FBI investigation before resigning.
Carvalho's response?
In explaining the rationale behind his hires, the mayor used a football metaphor that placed him as the quarterback in the line up. “I gotta be able to trust the guys on either side of me,” said the former Miami Dolphins player, looking right and left, his face and voice registering excitement. I could imagine him preparing to hike the pigskin. “I don’t ask how much they’re making, I just know they’re gonna be able to run with the ball and make a touchdown.”
It seems that Bernard, who advanced from the rank and file during his 26 years with the county, knows how difficult it can be to light a fire under the butts of some county workers, is aware of their tendency to cruise and wait out the term of the newest mayor. After sitting in the mayor’s chair for two years, fulfilling the term and agenda of the late Mayor Baptiste, he was eager now to make his own mark, advance his own ideas. And to do that, he said, he knew needed to put people he could trust, and whom he could personally hold accountable, in some key positions.
He acknowledges their participation in his campaign, and is aware that some of us view it as political patronage. He, however, sees it as insurance that at least some of the changes he envisions will occur.
Un-freakin'-believable. Normally any corrupt pol will at least TRY to make believe that the hires were the best person for the job. But perhaps Bernard knew that the laughing would have shattered ear drums from Kekaha to Ha`ena had he tried to foist such bullsh*t on us.
As if to make the point that the "protected" class of county employee is there to make sure nothing happens, at yesterday’s final passage of the county's operating budget it was revealed that the poster child for the county's cart-before-the-horse, incompetency-preservation scheme, the curbside recycling program, was essentially killed by the council because once again the purchase of the horse was not even in the budget.
A year or so ago the mayor dragged out a brand new curbside recycling "pilot program" making use of the county's brand new automated trash trucks and the purchase of a bunch of 96 gallon trash bins.
The problem is that the rest of the world makes sure they have some way to actually deal with the recycled items before they ask people to separate them and put them out by the curb.
But not good old Bernard and his good old boys and girls.
The missing sorting facility- called a materials recycling facility or MERF- was supposed to finally be part of this year's budget after years of delay for reasons unknown. But guess what? It was nowhere to be found, according to Councilmember JoAnn Yukimura's comments on the budget on Wednesday.
She explained that the lack of the MERF in the mayor's budget was why the council decided to end the curbside recycling program. It seems, she said, that the administration had at first told the council that it would cost only a reasonable $2,000 a month to sort the collected recyclables that were put in the bins unsorted. But when the bill came it was actually $14,000 a month- an outrageous amount $168,000 a year instead of $24,000.
So who's in charge of this mess? None other than the county's poster child for incompetence for over a decade and a half, Solid Waste Division head Troy Tanegawa, the epitome of the protected county employee who, through three administrations, has become the king of "fire, ready, aim." incompetence.
Having a "vision" is a two sided coin. It only works if the vision is based on a presumption that those engaged in its execution have the solid background to pull it off.
In football, the undrafted free agent may be the most enthusiastic player in the world but that and the fact that he's the owner's nephew doesn't insure he'll "be able to run with the ball and make a touchdown" like the first round draft pick.
In little league everyone gets to play, regardless of talent. But you'd think government would be a little more professional.
Thursday, May 26, 2011
SLIPPIN' INTO DARKNESS
SLIPPIN' INTO DARKNESS: "It was the same- only different" is one of our favorite "huh?" inspiring expressions.
And it was hard not to feel that way about this year's county budget process, the difference being that they were open for all to see with not just on-line but TV coverage.
That allowed the public to see what the few of us who have actually sat through them in the past know all too well- any pretense of actual due diligence is a joke with the proceedings alternating between snoozefest and schmoozefest.
As we wrote in mid-April
after the department heads' usual perfunctory reading of their "prepared remarks" councilmembers lobbed a few softballs before heaping the praise on them reminiscent of the post-secret-handshake "you're great, no you're great" declaration from the Tom Hanks Saturday Night Live "Fiver Timer" sketch.
Most of the questions that have been asked are invariably of the "what the bleep did you do with the money" nature with "anykine" answers sufficing as appointees stumbled and bumbled their way through the sessions until they finally ran out the clock. That was followed by councilmembers declarations of "I especially liked the way you listed..." whatever it was they listed and an "I love you too" from the person in the not-so-hot seat.
What we failed to mention is that when any difficult question- read: potentially embarrassing or threatening to the administration's corrupt crony cabal- arises, the department head is given time to get the answer and come back during the "call backs," scheduled later in April.
Problem is that when they do come back they inevitably dodge the questions again through equivocation and obfuscation and truly run out the clock because the next phase of the process is the public hearing, supplemental budget from the mayor and final decision making.
But one thing that was different this year was that some councilmembers actually started to complain about the "compressed time line" that supposedly forced them into "rush job" budgets.
Of course our response was "and you just figured this out?" followed by "we'll bet dollars to donuts it's the same next year."
Another thing different- at least as far as the local newspaper coverage- was that our favorite reporter was apparently absent and his substitute, business reporter Vanessa Van Voorhis, became the first one in years to actually report the unique way the final budget is determined on Kaua`i.
The first thing she wrote was the usual wrong information saying:
The budget will now go to Mayor Bernard Carvalho Jr. for final approval.
But then she actually gives a clue as to the real "final" phase of the Kaua`i County Budget process:
The mayor has the power to line-item veto the budget, meaning he does not have to approve the budget as a whole. A council super majority of five of seven votes could override a mayoral veto.
Every year, not just the local newspaper but the Honolulu press dutifully report how "the budget now goes to the mayor for his signature." And no amount of hair-on-fire notes from us to reporters to "read the charter" seem to force them to avoid the same mistake the next year and every year thereafter.
So how did this come about. That too is an "only on Kaua`i" story.
Back during the administration of then-Mayor, now Council Vice Chair JoAnn Yukimura, the battles between the council and mayor were epic on just about every issue. So, under the budget process of "council approval, mayoral veto and council override" that just about every jurisdiction across the county uses, that's exactly what happened... except for the override.
The budget had passed by a 5-4 margin so with Yukimura's veto there were only four votes to override- on short of the five votes needed. And it stayed that way all though May and June until finally the new fiscal year came around with no budget in place.
Of course being politicians no one wanted to admit that this was obviously a politically-created mess and instead called it a "constitutional crisis."
And the newspaper and the sleeping populace quite obviously bought it in the form of the ultimately confusing and contradictory charter amendment that left us with a guiding document that, in it's Solomon-like wisdom splits the baby and gives no one the final say over the budget which just sort of slips into existence.
The year after it passed the council had no idea what to do and the only one who supposedly understood the process- or claimed to- was long time council "legislative analyst" Ricky Watenabe without whom, all councilmembers agree, the council could not operate.
What happens when Watenabe retires is anyone's guess but when he does these arcane and questionable council procedures are bound to blow up in the council's faces.
And when they do you can bet things will pretty much the same... only really, really different.
And it was hard not to feel that way about this year's county budget process, the difference being that they were open for all to see with not just on-line but TV coverage.
That allowed the public to see what the few of us who have actually sat through them in the past know all too well- any pretense of actual due diligence is a joke with the proceedings alternating between snoozefest and schmoozefest.
As we wrote in mid-April
after the department heads' usual perfunctory reading of their "prepared remarks" councilmembers lobbed a few softballs before heaping the praise on them reminiscent of the post-secret-handshake "you're great, no you're great" declaration from the Tom Hanks Saturday Night Live "Fiver Timer" sketch.
Most of the questions that have been asked are invariably of the "what the bleep did you do with the money" nature with "anykine" answers sufficing as appointees stumbled and bumbled their way through the sessions until they finally ran out the clock. That was followed by councilmembers declarations of "I especially liked the way you listed..." whatever it was they listed and an "I love you too" from the person in the not-so-hot seat.
What we failed to mention is that when any difficult question- read: potentially embarrassing or threatening to the administration's corrupt crony cabal- arises, the department head is given time to get the answer and come back during the "call backs," scheduled later in April.
Problem is that when they do come back they inevitably dodge the questions again through equivocation and obfuscation and truly run out the clock because the next phase of the process is the public hearing, supplemental budget from the mayor and final decision making.
But one thing that was different this year was that some councilmembers actually started to complain about the "compressed time line" that supposedly forced them into "rush job" budgets.
Of course our response was "and you just figured this out?" followed by "we'll bet dollars to donuts it's the same next year."
Another thing different- at least as far as the local newspaper coverage- was that our favorite reporter was apparently absent and his substitute, business reporter Vanessa Van Voorhis, became the first one in years to actually report the unique way the final budget is determined on Kaua`i.
The first thing she wrote was the usual wrong information saying:
The budget will now go to Mayor Bernard Carvalho Jr. for final approval.
But then she actually gives a clue as to the real "final" phase of the Kaua`i County Budget process:
The mayor has the power to line-item veto the budget, meaning he does not have to approve the budget as a whole. A council super majority of five of seven votes could override a mayoral veto.
Every year, not just the local newspaper but the Honolulu press dutifully report how "the budget now goes to the mayor for his signature." And no amount of hair-on-fire notes from us to reporters to "read the charter" seem to force them to avoid the same mistake the next year and every year thereafter.
So how did this come about. That too is an "only on Kaua`i" story.
Back during the administration of then-Mayor, now Council Vice Chair JoAnn Yukimura, the battles between the council and mayor were epic on just about every issue. So, under the budget process of "council approval, mayoral veto and council override" that just about every jurisdiction across the county uses, that's exactly what happened... except for the override.
The budget had passed by a 5-4 margin so with Yukimura's veto there were only four votes to override- on short of the five votes needed. And it stayed that way all though May and June until finally the new fiscal year came around with no budget in place.
Of course being politicians no one wanted to admit that this was obviously a politically-created mess and instead called it a "constitutional crisis."
And the newspaper and the sleeping populace quite obviously bought it in the form of the ultimately confusing and contradictory charter amendment that left us with a guiding document that, in it's Solomon-like wisdom splits the baby and gives no one the final say over the budget which just sort of slips into existence.
The year after it passed the council had no idea what to do and the only one who supposedly understood the process- or claimed to- was long time council "legislative analyst" Ricky Watenabe without whom, all councilmembers agree, the council could not operate.
What happens when Watenabe retires is anyone's guess but when he does these arcane and questionable council procedures are bound to blow up in the council's faces.
And when they do you can bet things will pretty much the same... only really, really different.
Tuesday, May 24, 2011
REPLY HAZY- TRY AGAIN
REPLY HAZY- TRY AGAIN: Political malahini can't get over how we seem to give our congress-critters (we stole that from somewhere) a lifetime appointment when we first vote them into office.
It's not just the usual American democracy-phobic system whereby incumbents use their power to accumulate daunting war chests, discouraging challenges, but a culturally driven respect for the kupuna paradigm that gives them an edge.
So on the rare occasion when one seat "opens up" it's a free for all with all the rats and vermin deserting whatever ship they're inhabiting to line-up for the move-up.
It just so happens that this year, when the music starts playing there will be at least two if not three extra chairs and everyone and their grandmother seems to be considering circling them.
Our now-open 2nd congressional district seat has, since the death of Patsy Mink, been a place where an also-ran for the senate or 1st CD can land, even despite the fact that they don't live in the district.
But since at least Dan Akaka's senate seat- and, if she decides to join the fray Coleen Hanabusa's 1st CD seat- is empty, the climbers all have their sights set on the grand prize leaving us an opportunity to send someone who actually lives in the district to D.C.
And because of all that-- and more- our own Kaua`i ex-senator Gary Hooser apparently has the inside track should he decide to grab for the brass ring.
The progressive's progressive Hooser's two previous runs for higher office- for US house after Mink's death and for lt. governor last year- were unsuccessful for many reasons.
First was the competition, all of whom are now either running for the senate, like current 2nd CD incumbent Maize Hirono and Ed Case, already in congress, like Hanabusa or otherwise occupied on another track like Lt. Governor Brian Schatz.
It was Schatz who was Hooser's main bugaboo the last two time as they split the progressive vote with Schatz pulling in more votes each time. This time there isn't another real progressive on the horizon giving Hooser the full share of that vote in what has been said to be arguably the most progressive district in the country.
The question is, if not Gary then who?
The other day Adrienne LaFrance of Civil Beat asked that question of a long list of primarily state legislators and Honolulu city councilpersons as well as, of course Hooser.
Hooser seemed interested saying:
"For me, you know my first priority is to serve the governor in the position he's appointed me to (as director of the State Department of Health's Office of Environmental Quality Control). That's really where my attention is right now. The office needs revitalizing and rebuilding and I'm committed to doing that. It's too early and there are too many factors for me to sort out.
"I have gotten calls and emails from a variety of friends and supporters, people who have supported me in the past, encouraging me to consider entering. Many would say that I'm a natural because I ran before. I actually live in the district. Serving in Congress would obviously be a great honor. But, for now, my focus is on rebuilding and revitalizing the OEQC... Definitely not ruling it out, but whether it's right for me and for the state at this time, I don't know yet."
The others are not exactly household names on the neighbor islands except for former Honolulu Mayor Mufi Hannemann who might stay out of the senate race if he thinks his wounds from the governor's race are too severe. But those same wounds might make him appear to be damaged goods to 2nd CD voters who were supposed to put him over the top last year but shied away after one too many blunders and a sort of "fed up with Mufi and his dirty politics" attitude reared it's head.
In addition to Hooser's "last man standing" tag- all those who beat him in the other two races being elsewhere occupied- Hooser also has the advantage of a ready made organization on each neighbor island and on the North Shore of O`ahu and, with Schatz out, he can pick up not just votes but progressive political operatives who said they liked Gary but were already committed to Brian.
Then there's the unique nature of the "ending in 2" election of 2012.
Many of those ready to "move up" come from the state senate where they reach the legislative ceiling. And usually when a congressional election comes in the middle year of their four-year term they can run for congress without activating the Hawai`i "resign to run" law, which is inapplicable in federal elections.
But this is reapportionment year. After the census, lines are redrawn and the senate is divided into two year terms and four year terms to maintain staggering and everyone must run meaning no one can run for congress and, if they lose, return to the senate.
Although as LaFrance points out reapportionment might force two members of the legislature into one district making congress tempting, it would take someone who was already predisposed to a congressional run to take advantage of the "crisis equals opportunity" situation.
As far as county pols there are a few high profile Honolulu councilmembers like Chairman Nestor Garcia but he LaFrance quotes him as saying "I'm not considering it now."
And certainly none of the three neighbor island mayors- much less councilmembers- even have the name recognition much less the organization... much less the motivation.
On the other hand Hooser's most successful activity in the lt. governor's race was his "Who Is Gary Hooser" campaign where, reportedly, he spent most of his capital- both political and monetary- last fall.
Another question to ask of potential candidates is whether they have school age kids. A job in Washington may be off the table for many- or at least those who want to keep their marriages intact.
The one big question for Hooser is whether he will give up his job as head of the State Department of Health's Office of Environmental Quality Control to run. He has seemed excited at the prospect of working in the area of his passion as the top environmental enforcer in the state.
But you don't get politics out of your blood that easily and Gary, if he has anything, has the fire in the belly to run again someday.
Is this that someday? Knowing that this kind of opportunity where all things seem to line up in his favor come around once in a lifetime it may just be an opportunity Hooser can't ignore.
It's not just the usual American democracy-phobic system whereby incumbents use their power to accumulate daunting war chests, discouraging challenges, but a culturally driven respect for the kupuna paradigm that gives them an edge.
So on the rare occasion when one seat "opens up" it's a free for all with all the rats and vermin deserting whatever ship they're inhabiting to line-up for the move-up.
It just so happens that this year, when the music starts playing there will be at least two if not three extra chairs and everyone and their grandmother seems to be considering circling them.
Our now-open 2nd congressional district seat has, since the death of Patsy Mink, been a place where an also-ran for the senate or 1st CD can land, even despite the fact that they don't live in the district.
But since at least Dan Akaka's senate seat- and, if she decides to join the fray Coleen Hanabusa's 1st CD seat- is empty, the climbers all have their sights set on the grand prize leaving us an opportunity to send someone who actually lives in the district to D.C.
And because of all that-- and more- our own Kaua`i ex-senator Gary Hooser apparently has the inside track should he decide to grab for the brass ring.
The progressive's progressive Hooser's two previous runs for higher office- for US house after Mink's death and for lt. governor last year- were unsuccessful for many reasons.
First was the competition, all of whom are now either running for the senate, like current 2nd CD incumbent Maize Hirono and Ed Case, already in congress, like Hanabusa or otherwise occupied on another track like Lt. Governor Brian Schatz.
It was Schatz who was Hooser's main bugaboo the last two time as they split the progressive vote with Schatz pulling in more votes each time. This time there isn't another real progressive on the horizon giving Hooser the full share of that vote in what has been said to be arguably the most progressive district in the country.
The question is, if not Gary then who?
The other day Adrienne LaFrance of Civil Beat asked that question of a long list of primarily state legislators and Honolulu city councilpersons as well as, of course Hooser.
Hooser seemed interested saying:
"For me, you know my first priority is to serve the governor in the position he's appointed me to (as director of the State Department of Health's Office of Environmental Quality Control). That's really where my attention is right now. The office needs revitalizing and rebuilding and I'm committed to doing that. It's too early and there are too many factors for me to sort out.
"I have gotten calls and emails from a variety of friends and supporters, people who have supported me in the past, encouraging me to consider entering. Many would say that I'm a natural because I ran before. I actually live in the district. Serving in Congress would obviously be a great honor. But, for now, my focus is on rebuilding and revitalizing the OEQC... Definitely not ruling it out, but whether it's right for me and for the state at this time, I don't know yet."
The others are not exactly household names on the neighbor islands except for former Honolulu Mayor Mufi Hannemann who might stay out of the senate race if he thinks his wounds from the governor's race are too severe. But those same wounds might make him appear to be damaged goods to 2nd CD voters who were supposed to put him over the top last year but shied away after one too many blunders and a sort of "fed up with Mufi and his dirty politics" attitude reared it's head.
In addition to Hooser's "last man standing" tag- all those who beat him in the other two races being elsewhere occupied- Hooser also has the advantage of a ready made organization on each neighbor island and on the North Shore of O`ahu and, with Schatz out, he can pick up not just votes but progressive political operatives who said they liked Gary but were already committed to Brian.
Then there's the unique nature of the "ending in 2" election of 2012.
Many of those ready to "move up" come from the state senate where they reach the legislative ceiling. And usually when a congressional election comes in the middle year of their four-year term they can run for congress without activating the Hawai`i "resign to run" law, which is inapplicable in federal elections.
But this is reapportionment year. After the census, lines are redrawn and the senate is divided into two year terms and four year terms to maintain staggering and everyone must run meaning no one can run for congress and, if they lose, return to the senate.
Although as LaFrance points out reapportionment might force two members of the legislature into one district making congress tempting, it would take someone who was already predisposed to a congressional run to take advantage of the "crisis equals opportunity" situation.
As far as county pols there are a few high profile Honolulu councilmembers like Chairman Nestor Garcia but he LaFrance quotes him as saying "I'm not considering it now."
And certainly none of the three neighbor island mayors- much less councilmembers- even have the name recognition much less the organization... much less the motivation.
On the other hand Hooser's most successful activity in the lt. governor's race was his "Who Is Gary Hooser" campaign where, reportedly, he spent most of his capital- both political and monetary- last fall.
Another question to ask of potential candidates is whether they have school age kids. A job in Washington may be off the table for many- or at least those who want to keep their marriages intact.
The one big question for Hooser is whether he will give up his job as head of the State Department of Health's Office of Environmental Quality Control to run. He has seemed excited at the prospect of working in the area of his passion as the top environmental enforcer in the state.
But you don't get politics out of your blood that easily and Gary, if he has anything, has the fire in the belly to run again someday.
Is this that someday? Knowing that this kind of opportunity where all things seem to line up in his favor come around once in a lifetime it may just be an opportunity Hooser can't ignore.
Monday, May 23, 2011
GIMME LAND LOTSA LAND
GIMME LAND LOTSA LAND: As we age time compresses so although it was nearly a decade ago- 2002 to be exact- it seems like only a few years since the biggest issue in the election that year was the disappearing access to mauka and makai.
It was finally dawning on local people that we have gone to one too many places only to find one too many "no trespassing" signs and worse, fences where once we roamed.
And another thing that happens as we age- those accesses that are left seem to get steeper and more dangerous every time we go. Photographer and teacher David Boynton found that out only too late when he slipped and fell to his death on a trail he had hiked for decades.
That's why it so distressing to read our friend Joan Conrow not just excusing but actually celebrating the news she reported Sunday that hate-monger Bruce Laymon has finally erected his fence at Lepeuli (Larsen's) Beach closing off the prescriptive rights to that section the Ala Loa- an ancient trail that leads gently down to the beach- in favor of a steep, rocky trail that has been designated by the county as the "new" access.
Although she says "I don’t like fences, especially near the beach" she goes on to say:
Still, I totally understand why he did it. Keeping cattle in is only part of it. Quite frankly, it’s the only thing that would keep me, and everyone else who has ever used that path, out.
Besides, let’s not forget that there is, after all, another perfectly good access right there, and it had been freshly weed-whacked to make its presence quite clear.
Then bafflingly she includes a picture that shows a zig-zagging, steep, rocky, narrow trail- one that looks more like it was sprayed with roundup than cut- that disappears into the woods.
She goes on to recount the reaction from a "friend" whose age and agility isn't noted.
“That’s it?” said my friend. “From what I’d heard, I thought you had to scale rocks, risk life and limb. It doesn’t look bad at all.”
“It's not,” I replied. “That’s been totally overblown. Most anyone could go down it.”
Most anyone? One other thing about aging is that the ground seems to get farther and farther away each year and ankles seem to twist a lot more when navigating rocky, steep, uneven accesses.
We can't imagine that what came next wasn't a joke but she wrote that when she got home she received an email from Lepeuli activists describing how a woman whose husband had drowned at the beach was now unable to go there due to a subsequent brain injury.
I wonder, did those who heard her story suggest she call Bruce? Because I’m pretty sure he would have been happy to drive her. And did her husband drown because the lateral trail made it oh so very easy to access the dangerous waters of that beautiful beach?
Is that what we need to do to get access these days? Call a total turd like Laymon to arrange a ride around his fence- which may or may not have been legally constructed after he withdrew his request for a state permit to construct the fence after it became apparent it was about to be pulled.
And, knowing Laymon's predilections I'm sure if it was a group of naked, gay "hippies" he would have dropped everything to welcome them to "his" beach.
Aside from the fact that Laymon has a history of racist, homophobic rants and threats against beach users that would make anyone think a lot more than twice about calling him- assuming they had his number- what kind of precedent does that set when an access that has been used for centuries is suddenly cut off and you have to call the owner and ask for ask to go there as a "favor?"
At the risk of over-simplifying someone else's mana`o, Joan is among those who think that it's okay to restrict access- or make places harder to get to- to preserve "special" places. And there is something to be said about that.
But this is not one of those cases.
When she says that she's "very interested in the question of whether the trail it blocks is a traditional ala loa — an issue that will be decided by the courts, and not Bruce Laymon’s fence," she points to the problem here and in other places because what tends to happen is that it becomes the community's responsibility to hire an attorney at great expense to fight a rich landowner in a state where land equals power and money speaks in the courts.
In this case, even though the state is currently essentially on "our" side it appears that they are way too cash strapped to initiate any legal action against Laymon after he withdrew his permit so as to take an immediate and potentially binding decision out of their hands and make it harder still to enforce conservation district laws and regulations.
And as for the county, despite pleas from the public to withhold action the council recently pushed through a "deal" with property owner Waioli Corporation right before Laymon pulled his fast one by abandoning any claim to the Ala Loa, in favor of the the "new" access. That further complicated the state's case because they had a stipulation in place that required that the county "work out" access issues with Waioli giving them leverage on the Ala Loa.
One thing is clear. Anything that some court might do, some day, would be at the end of years and years of litigation during which time the public- or at least na kupuna- is shut out from the access they've enjoyed since time immemorial. And if that goes on long enough- like say 20 years as it has in other instances- any prescriptive rights go out the window too.
It's hard enough to deal with our disappearing recreational opportunities with greedy landowners scooping up accesses and closing them off. But when those that enjoy them the most start sleeping with the enemy it only make it that much harder to protect them.
That's getting old too.
It was finally dawning on local people that we have gone to one too many places only to find one too many "no trespassing" signs and worse, fences where once we roamed.
And another thing that happens as we age- those accesses that are left seem to get steeper and more dangerous every time we go. Photographer and teacher David Boynton found that out only too late when he slipped and fell to his death on a trail he had hiked for decades.
That's why it so distressing to read our friend Joan Conrow not just excusing but actually celebrating the news she reported Sunday that hate-monger Bruce Laymon has finally erected his fence at Lepeuli (Larsen's) Beach closing off the prescriptive rights to that section the Ala Loa- an ancient trail that leads gently down to the beach- in favor of a steep, rocky trail that has been designated by the county as the "new" access.
Although she says "I don’t like fences, especially near the beach" she goes on to say:
Still, I totally understand why he did it. Keeping cattle in is only part of it. Quite frankly, it’s the only thing that would keep me, and everyone else who has ever used that path, out.
Besides, let’s not forget that there is, after all, another perfectly good access right there, and it had been freshly weed-whacked to make its presence quite clear.
Then bafflingly she includes a picture that shows a zig-zagging, steep, rocky, narrow trail- one that looks more like it was sprayed with roundup than cut- that disappears into the woods.
She goes on to recount the reaction from a "friend" whose age and agility isn't noted.
“That’s it?” said my friend. “From what I’d heard, I thought you had to scale rocks, risk life and limb. It doesn’t look bad at all.”
“It's not,” I replied. “That’s been totally overblown. Most anyone could go down it.”
Most anyone? One other thing about aging is that the ground seems to get farther and farther away each year and ankles seem to twist a lot more when navigating rocky, steep, uneven accesses.
We can't imagine that what came next wasn't a joke but she wrote that when she got home she received an email from Lepeuli activists describing how a woman whose husband had drowned at the beach was now unable to go there due to a subsequent brain injury.
I wonder, did those who heard her story suggest she call Bruce? Because I’m pretty sure he would have been happy to drive her. And did her husband drown because the lateral trail made it oh so very easy to access the dangerous waters of that beautiful beach?
Is that what we need to do to get access these days? Call a total turd like Laymon to arrange a ride around his fence- which may or may not have been legally constructed after he withdrew his request for a state permit to construct the fence after it became apparent it was about to be pulled.
And, knowing Laymon's predilections I'm sure if it was a group of naked, gay "hippies" he would have dropped everything to welcome them to "his" beach.
Aside from the fact that Laymon has a history of racist, homophobic rants and threats against beach users that would make anyone think a lot more than twice about calling him- assuming they had his number- what kind of precedent does that set when an access that has been used for centuries is suddenly cut off and you have to call the owner and ask for ask to go there as a "favor?"
At the risk of over-simplifying someone else's mana`o, Joan is among those who think that it's okay to restrict access- or make places harder to get to- to preserve "special" places. And there is something to be said about that.
But this is not one of those cases.
When she says that she's "very interested in the question of whether the trail it blocks is a traditional ala loa — an issue that will be decided by the courts, and not Bruce Laymon’s fence," she points to the problem here and in other places because what tends to happen is that it becomes the community's responsibility to hire an attorney at great expense to fight a rich landowner in a state where land equals power and money speaks in the courts.
In this case, even though the state is currently essentially on "our" side it appears that they are way too cash strapped to initiate any legal action against Laymon after he withdrew his permit so as to take an immediate and potentially binding decision out of their hands and make it harder still to enforce conservation district laws and regulations.
And as for the county, despite pleas from the public to withhold action the council recently pushed through a "deal" with property owner Waioli Corporation right before Laymon pulled his fast one by abandoning any claim to the Ala Loa, in favor of the the "new" access. That further complicated the state's case because they had a stipulation in place that required that the county "work out" access issues with Waioli giving them leverage on the Ala Loa.
One thing is clear. Anything that some court might do, some day, would be at the end of years and years of litigation during which time the public- or at least na kupuna- is shut out from the access they've enjoyed since time immemorial. And if that goes on long enough- like say 20 years as it has in other instances- any prescriptive rights go out the window too.
It's hard enough to deal with our disappearing recreational opportunities with greedy landowners scooping up accesses and closing them off. But when those that enjoy them the most start sleeping with the enemy it only make it that much harder to protect them.
That's getting old too.
Labels:
Bruce Laymon,
Joan Conrow,
Lepeuli,
Waioli Corporation
Friday, May 20, 2011
THE WALKIN' MAN WALKS
THE WALKIN' MAN WALKS: The news that "Big Save" has been sold and the Lihu`e store will be closing is cause to shed tears for some on the island in one of the oddities of Kaua`i life that, despite decades of cultural indoctrination, we'll probably never get used to... and no, it has nothing about the pidgin-ish name.
We remember when Safeway had its "soft" opening we happened to be out dancing at "Gilligan's" that night and, since we had heard they were scheduled to open their doors at midnight, we skipped taking the left up to the homesteads and figures we quickly zip on over and check it out.
But by the time we hit the Coconut Marketplace we ran full square into a then-unheard-of-during-the-day, much less at midnight, traffic jam in then-traffic-light-free Kapa`a.
When we finally crawled into the packed parking lot and into the store the place was a madhouse with lines wending their way from every cashier lane all the way to the back of the store.... and they were starting to double back down the aisles.
The manager- one experienced at opening Safeways on the mainland- was simply standing there at the front of the store shaking his head. We asked why and he said the only time he had ever seen this many people at a Safeway opening it was for a protest demonstration.
The rub is that the local tradition of crying over closings has its roots in the days when mom and pop having their rice bowl broken actually was a true tragedy but it has evolved into a 21st century tendency to agonize when one large corporation is eaten up by another, even larger corporation.
The demise of the Lihu`e store- set to shut down entirely because the buyer, Times Supermarkets, already has a store in Lihu`e after their recent buy-out of Star Market- may actually be one of those crisis/opportunity moments for Kaua`i taxpayers.
The dilemma is in figuring out which one it actually is.
For the past bazillion years- or at least it seems that way- ever since the county purchased the old shopping center where the Big Save sits for the county's main offices, a string of councils and administrations have been promoting something called the Lihu`e Town Core Plan.
The county has already spent beaucoup bucks on consultants to design many different versions of the plan- some including an unaffordable-in-perpetuity underground parking garage- yet almost all call for creating a park like atmosphere, accomplished by closing the big wide street between Big Save and the state and historic county buildings, eliminating the parking spaces and putting in grass, trees and picnic tables.
They’ve also spent oodles of cash on trying to come up with a viable traffic circulation plan (they've done at least three over the years) since the road set for closing is the main access route for going across from Rice St. to Hardy St. without having to go all the way down to the convention hall to go the one block to get across town.
People who don't live in Lihu`e have called the plan the stupidest thing since the Edsel, asking "who the heck goes to hang out in the middle of town on an island where the beach and more-rural parks are always a stone's throw away?"
Ask anyone and they'll tell you that a trip to Lihu`e involves getting in and getting out as quickly as possible, booty in hand, without choking on exhaust- not picnicking in the middle of it.
But of course the councils and administrations and all the we-bes- the ones who will ultimately decide what to do- all think it's a wonderful amenity because they actually DO hang out there all day and a nice place to eat lunch would be swell.
The conflicting dilemmas though are multitudinous, not the least of which is the parking. The plan has called for county workers to park all the way down at the convention hall or even as far away as the stadium because there are events in the day time at the convention hall, and taking shuttle buses to work at the county complex a mile away.
So of course there's the hair-brained nature of not only expecting people to drive into Lihu`e to hang out but expecting them to take a shuttle bus to do so.
The biggest bugaboo has always been what to do about Big Save which is a valuable- and pretty high rent paying- tenant that contributes essential big buckskE to county coffers and was always envisioned as a money maker for the county even when it was FoodLand.
That's was the positive, at least as far as the bean counters were concerned. The negative was that the plan called for taking away all of Big Save's parking and actually shuttling shoppers from the Stadium, somehow assuming customers wouldn't mind an extra half hour in town to pick up a chicken for dinner.
If indeed the county decides to take over the location for office space and to facilitate (read: pay for) the Town Core Plan and just blow off the rent money that would mean that the last supermarket- as a matter of fact the last anykind food store- in Lihu`e Town will disappear since all the others have moved to Kuku`i Grove... certainly not within walking distance.
That of course would mean that the whole stated purpose of the plan- to get those who live in town out of their cars and make it into a "walking town"- would be defeated because those who live there would have to get in their cars to pick up cans of Vienna Sausage.
It's hard to shed a tear for Big Save, especially for those of us who paid the exorbitant prices for mainland goods in the pre-Safeway- and now of course Costco- era.
But for the county it's more about opening cans of worms than purchasing cans of Spam.
We remember when Safeway had its "soft" opening we happened to be out dancing at "Gilligan's" that night and, since we had heard they were scheduled to open their doors at midnight, we skipped taking the left up to the homesteads and figures we quickly zip on over and check it out.
But by the time we hit the Coconut Marketplace we ran full square into a then-unheard-of-during-the-day, much less at midnight, traffic jam in then-traffic-light-free Kapa`a.
When we finally crawled into the packed parking lot and into the store the place was a madhouse with lines wending their way from every cashier lane all the way to the back of the store.... and they were starting to double back down the aisles.
The manager- one experienced at opening Safeways on the mainland- was simply standing there at the front of the store shaking his head. We asked why and he said the only time he had ever seen this many people at a Safeway opening it was for a protest demonstration.
The rub is that the local tradition of crying over closings has its roots in the days when mom and pop having their rice bowl broken actually was a true tragedy but it has evolved into a 21st century tendency to agonize when one large corporation is eaten up by another, even larger corporation.
The demise of the Lihu`e store- set to shut down entirely because the buyer, Times Supermarkets, already has a store in Lihu`e after their recent buy-out of Star Market- may actually be one of those crisis/opportunity moments for Kaua`i taxpayers.
The dilemma is in figuring out which one it actually is.
For the past bazillion years- or at least it seems that way- ever since the county purchased the old shopping center where the Big Save sits for the county's main offices, a string of councils and administrations have been promoting something called the Lihu`e Town Core Plan.
The county has already spent beaucoup bucks on consultants to design many different versions of the plan- some including an unaffordable-in-perpetuity underground parking garage- yet almost all call for creating a park like atmosphere, accomplished by closing the big wide street between Big Save and the state and historic county buildings, eliminating the parking spaces and putting in grass, trees and picnic tables.
They’ve also spent oodles of cash on trying to come up with a viable traffic circulation plan (they've done at least three over the years) since the road set for closing is the main access route for going across from Rice St. to Hardy St. without having to go all the way down to the convention hall to go the one block to get across town.
People who don't live in Lihu`e have called the plan the stupidest thing since the Edsel, asking "who the heck goes to hang out in the middle of town on an island where the beach and more-rural parks are always a stone's throw away?"
Ask anyone and they'll tell you that a trip to Lihu`e involves getting in and getting out as quickly as possible, booty in hand, without choking on exhaust- not picnicking in the middle of it.
But of course the councils and administrations and all the we-bes- the ones who will ultimately decide what to do- all think it's a wonderful amenity because they actually DO hang out there all day and a nice place to eat lunch would be swell.
The conflicting dilemmas though are multitudinous, not the least of which is the parking. The plan has called for county workers to park all the way down at the convention hall or even as far away as the stadium because there are events in the day time at the convention hall, and taking shuttle buses to work at the county complex a mile away.
So of course there's the hair-brained nature of not only expecting people to drive into Lihu`e to hang out but expecting them to take a shuttle bus to do so.
The biggest bugaboo has always been what to do about Big Save which is a valuable- and pretty high rent paying- tenant that contributes essential big buckskE to county coffers and was always envisioned as a money maker for the county even when it was FoodLand.
That's was the positive, at least as far as the bean counters were concerned. The negative was that the plan called for taking away all of Big Save's parking and actually shuttling shoppers from the Stadium, somehow assuming customers wouldn't mind an extra half hour in town to pick up a chicken for dinner.
If indeed the county decides to take over the location for office space and to facilitate (read: pay for) the Town Core Plan and just blow off the rent money that would mean that the last supermarket- as a matter of fact the last anykind food store- in Lihu`e Town will disappear since all the others have moved to Kuku`i Grove... certainly not within walking distance.
That of course would mean that the whole stated purpose of the plan- to get those who live in town out of their cars and make it into a "walking town"- would be defeated because those who live there would have to get in their cars to pick up cans of Vienna Sausage.
It's hard to shed a tear for Big Save, especially for those of us who paid the exorbitant prices for mainland goods in the pre-Safeway- and now of course Costco- era.
But for the county it's more about opening cans of worms than purchasing cans of Spam.
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