Monday, January 24, 2011

MR. GREEN AND MR. BROWN

MR. GREEN AND MR. BROWN: The trap-door to the rat hole opened wide again at last Wednesday’s council committee meetings as the latest in a series of what we like to call “gush and flush” sessions found the council doing the gushing over the Kaua`i Visitor’s Bureau’s (KVB) proposed flushing of $200,000 into the cesspool of unaccountable tourism promotion.

But if you thought the council was giddy over the last two-part million dollar money toss- as we discussed here, here, here and here- this time, with the departure of former Councilperson Lani Kawahara, the council unanimously managed to fall over each other to praise KVB’s Sue Kanoho and the county’s Director of Economic Development George Costa, despite the fact that there was no mechanism for any check on whether any more tourists came as a result of the spending.

Things were off to a bad start when it was revealed that the way this worked was not with Kanoho coming to Mayor Bernard Carvalho- who proposed the bill- and asking for certain amounts for certain “programs” but rather the mayor telling her we had $200,000 to spend and asking her to come up with ways to spend it, according to Costa.

And astonishingly enough expenditures for the six “programs” added up to $200,000.

One of the most bizarre was $20,000 for a thinly explained plan to latch onto something called the “American Girl” dolls fad, an uber-high-end giant Barbie complete with clothes and, in the case of the latest model, a Hawaiian “Kanani” model replete with a paddle and paddle board (items sold separately) as well as a fake newspaper “The Hawaiian Breeze" which apparently mentions Kaua`i along with our mythical town of “Waipuna”.

There was a plan to go to some stores and “enhance” in-stores displays but no mention of how there would be any tourists who come here because of the expenditure- as opposed to the doll itself- although Councilperson Nadine Nakamura said she was “very excited” about it because her daughter went though the craze and so, she suspected, it would induce “upscale” visitors to come.

Yup that’s what we elected her for- basing spending decisions on personal anecdotes.

The other five programs were all proposed with no absolutely no way to check whether they attracted even one visitor and not one councilperson asked about how they knew their money was being “well spent”- a phrase repeated ad nauseum.

We say “proposed with” because Kanoho and Costa had one worry- even though they had apparently been assured that no one on the council had any qualms about the effect of the expenditure, the last time out their presentation had been ruined, not just by the now-departed Kawahara but by “nitpickers” Glenn Mickens and Ken Taylor.

So they set up a special meeting with them to get them to go along with the program.

And that seemingly worked because Mickens, seemingly in exchange for his support, insisted on some feedback.

According to Kanoho, “because of Glenn Mickens- and solely because of Glenn Mickens” in the KVB “surveys” that you see being given at the airports by clip-board bearing minions, they will now ask if they came due to the “American Girl” doll or due to seeing a movie shot on Kaua`i ($10,000 was budgeted for “film promotion press trip")... although there was no direct connection between that and the money spent.

But the real topper came when Councilperson Mel Rapozo- who also failed to ask about feedback or any way to rate the success of the six programs- brought up the horror of visitor complaints, especially ones that go viral like what he described as a “Facebook video” (which we couldn’t find- anyone got a link to this?) on the horrendous condition of the boarded up, cesspool overflowing bathrooms at Salt Pond.

That elicited defensive spiels by Costa and Kanoho about how whenever a complaint comes up that threatens to get spread either by word of mouth or online, they take the time to follow-up by- get this- making sure the tourist at least gets an explanation or apology or some kind of as, er, ring kissing.

Yes, they reiterated we do “follow-up.”

But the council, sensing an opportunity to look like they were doing their jobs, did pick up on this one and started asking the two if they actually followed up with the appropriate administration department- usually public works- to make sure that these complaints-waiting-to-happen were fixed in a timely manner... like with the Salt Pond cesspool that took weeks to pump whereas anyone else gets theirs pumped the next day.

After a series of back and forths with the council asking if they “followed up with the administration” and the two saying “yes, we followed up” with another story about calling or emailing the person who complained, Council Chair Jay Furfaro- never one to miss an opportunity to make it look like a good idea was his- directed Costa to “make that phone call” to the administration next time he gets a complaint.

With committee passage the council’s hand is now poised on the lever and this Wednesday they will complete the flush when, to no one’s surprise, they pass the bill without even ascertaining if anyone actually came due to the million dollars of taxpayer money they threw away last year.

The bigger question of course is why the hotels, the airlines, the resort developers and the rest of the tourism industry that takes literally billions off island can’t do they own spending or give KVB the money and why KVB has to beg the council for cash from the county’s coffers.

We’re not holding our breath for that- although it would be nice to breathe clean air without having to flush $200,000 down the crapper to cover the stench of these KVB-served and council-swallowed turds.

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.

Thursday, January 20, 2011

CIRCLE GAMED

CIRCLE GAMED: It seemed too good to be true when those who have been fighting to keep the alaloa at Lepe`uli (Larson’s) Beach informed us that, through his attorney Lorna Nishimitsu, Bruce Laymon said he was surrendering his Conservation District Use Permit (CDUP) and apparently would not be fencing off the ancient trail, denying easy access to the shoreline.

But there it was in black and white. And when the Board of Land and Natural Resources (BLNR) made it official at its meeting in Honolulu a week ago the activists couldn’t believe all their hard work had paid off.

But guess what- as if you haven’t already?

Yesterday the calls and emails started flowing in saying that Laymon had begun clearing and fencing off the alaloa anyway.

According to a email from Hope Kallai of Malama Moloa`a, Laymon is “actively preparing to fence in the area of the alaloa.”

Laymon has already “brushhogged dunes 2 weeks ago (before the surrender)” according to Kallai and she cites an informed source who spoke to Laymon who told her Laymon is “planning to remove all the ironwoods and plant grass.”

Kallai also says that the harassment has begun again and that “(p)ig hunters were shooting this weekend towards the beach. Beach goers were discussing caliber size not wave height.”

And while Kallai could not be reached for further clarification today, others who phoned told us that the fencing work has actually begun.

But how could that be?

Kallai says that “(t)he ‘victory’ was all smoke” and that apparently Nishimitsu is claiming that the conservation district ends makai of the alaloa.

In her letter to the BLNR surrendering the CDUP Nishimitsu cryptically wrote:

Paradise Ranch has been waiting far too long to fence the makai section of its leased lands to expand its pasture area and needs to attend to confining its livestock while providing it the best forage possible.

The contested case before the BLNR was going to rest in small part on past contentions from Nishimitsu and Laymon about the actual location of the alaloa that have since been shown to be false. But thus far there had never been a contention that the alaloa did not rest in the conservation district and, rather, was in the state Agricultural District.

But while how the BLNR will react and how the determination of the conservation district boundary will be made isn’t yet clear, there is another, more local apparent violation- that of the “over the counter” or “minor” Shoreline Management Area (SMA) Permit Laymon has to do the clearing and fencing.

The SMA is a federal provision under the Coastal Zone Management (CZM) Act that is administered by the county under state law. And any work done in the SMA- which many times exceeds the reach of the state conservation district as it apparently does in this case- no matter how minor, must have an SMA permit.

A “minor” SMA permit is different from a regular SMA in that it is not determined by the planning commission which would call for staff reports and public hearings but is issued “over the counter” based on representations to department staff. And the main determining factor for whether a “minor” SMA can be issued is the cost of the work to be done in the SMA area.

And that cost, last we checked, is $125 or less.

Of course there’s no way in hell the cost of the clearing and fencing operations are that low but a complaint must be filed and the department staff must ascertain the truth of the matter.

While it should be pointed out that we haven’t been able to actually see the operation and haven’t been able to independently verify what is going on at Lepe`uli with Laymon or Nishimitsu, multiple sources apparently confirm each others’ stories.

Wednesday, January 19, 2011

WATCHING THE RIVER FLOW... OR NOT

WATCHING THE RIVER FLOW... OR NOT: The outrage over Kaua`i Island Utilities Co-op’s (KIUC) anachronistic, 20th century plans for hydro-electric dams- despite the fact that all over the country people are actually trying to tear them down and use flow of the river generation- continues with word that Wailua isn’t the only river on their destructive target list.

According to an article in yesterday’s Honolulu Advertiser:

The Hanalei River, Makaweli River and Wailua River proposals involve constructing dams and weirs that would result in reservoirs of various sizes. The largest would be a reservoir with a surface area of 35 acres that would be created by a 503-foot-long, 23-foot-high earthen dam on the Wailua River. The Kokee Ditch project would tap two existing reservoirs that would be upgraded, (KIUC senior energy solutions engineer Steve) Rymsha said.

But the article goes on to point out that:

residents who submitted written comments on the Wailua plan suggested developers opt for a "run-of-the-river" approach, where the natural flow of the river could be tapped to generate electricity without building a dam. The majority of existing hydro projects in Hawaii are run of the river ( emphasis added).

Why is it that every decision made on Kaua`i seems to fly in the face of the latest “best practices” around the world? Do they issue some sort of “worst practices” manual whenever someone moves into a decision making position? Are we that far from the mainland that information takes decades to reach here? Do they lose the ability to do research when elected or appointed?

One of the more rabid opponents of this latest insanity is architect Juan Wilson who has been a voice for perma culture and sustainability on the island.

In a scathing yet well reasoned indictment of KIUC and its latest debacle Wilson writes at his Island Breath web site:

KIUC's... plan is to continue an affordable American Dream of suburban consumption. The scale and activity of their hydroelectric dreams are unaffordable and will have only damaging affect on the ecosystem of their locale...

I wrote FERC the following;

Do not permit Free Flow Power a preliminary permit application for the Wailua Power Project for Kauai Island Utility Co-op (KIUC). We do not need another hydro-power plant on Kauai.

He then gives a blunt, factual history of the financial foibles at KIUC and how they’ve managed to raise our bills since their inception, rather than lowering them as promised.

As it came into being (2002) KIUC agreed to pay Citizens Communication Co. $215 million for the assets of Kauai Electric. That was the first mistake. A ridiculous price that burdened the "Co-Op” from day one with a debt that will never be paid off.

They have locked us into a debt obligation that assumed and relied on continued economic growth for decades into the future. The bursting housing bubble, peak oil and peak food ended that dream. Now KIUC thrashes to find a gimmick to keep up with that old General Electric motto "Progress is our most important product." Nonsense!

We need our power utility co-op to help finance residential (and small business) solar PV projects.

KIUC has squandered members money and avoided facing the reality of the future. Their perception of progress is to continue on a "business as usual" consumption model that will inevitably lead to greater damage to the Kauai's ecosystem and continue to fail to serve its members.

KIUC have had several bad business ideas. One was to grow sugarcane as fuel. KIUC is oblivious to the reality that we need to grow our own food more than we need to grow biofuel for electric power generation.

KIUC is an abysmal failure as a cooperative power utility with no insight or planning that will alleviate the pain we on Kauai will experience in the next year or two as oil prices again reach the levels of the summer 2008.

But the untenable financing and idiotic business model our so called co-op has locked us into doesn’t have to be the way the future of energy looks on Kaua`i. Wilson suggests that:

The real solutions here are rather simple.

1) Promote demand destruction (50% reduction for starters).
2) Enable widespread distributed generation (using solar PV and some wind)
3) Accept system resilience over reliability.
4) Implement a 5 year plan to get off diesel fuel for electricity.

The idea of damming the Wailua River to fulfill the imagined needs of pre-collapse suburban America would be laughable if it were not so tragic. Talk about bad ideas.

This island is way too fragile to consider using geo-engineering projects like major dams to satisfy air-conditioning loads and our Chevy Volt recharging expectations. Any investment in these pipe-dreams by the idiots running KIUC is a waste of our precious treasure that could be focused on those things within our grasp.

And people wonder why our electricity is the most expensive in the country. The best thing that could happen to KIUC is that they go bankrupt and the county takes over their operation as a public utility. Then we could get down to the business of planning for the downsizing our the current grid and the affordable alternatives that are achievable in the real future we face.

For some reason it doesn’t seem to matter who we elect to KIUC’s board of directors. So far three directors who seemed to “get it” before their election- Carol Bain, Ben Sullivan and recently Jan TenBruggencate- have remained silent and apparently gone along with the majority, supposedly, we hear, because they don’t have the majority they need to overturn some “stifle rule” that forbids them from speaking on their own.

Assuming their thoughts on this and other KIUC actions are in dissent of the majority it’s time for them to rise to the to challenge by speaking out publicly, at least as individual co-op members- and letting the chips fall where they may.

Tuesday, January 18, 2011

ROOT ROOT ROOT FOR THE HOME TEAM

ROOT ROOT ROOT FOR THE HOME TEAM: Government is really not that hard. Even for the ego-centric demagogue or the power seeking crook, the people aren’t really watching too carefully and if you can avoid major gaffs and blunders that evoke ridicule you’ll probably pass the test at the next election.

But on Kaua`i our leaders and institutions are so buffoonish sometimes that we have developed a special category for their foibles and blunders taken from a line spoken by the manager of dismally inept the 1962 NY Mets, Casey Stengle.

But because our editor thinks it’s dumb and nobody gets it, we’ve generally avoided the “Can’t anyone here play this game?” tagline lately.

But when the county’s civil defense telephones everyone on the island to tell them that “The Sky Is Falling” we have trouble thinking of anything more apropos.

Because while many ask “how could they send that out” we’ve gotta ask how someone could have even made that recording and then placed or left it in the system where if the wrong button were to be pushed it was capable of being distributed via the emergency notification system.

It’s bad enough that, in the middle of trying to hold back the flood waters, Auntie had to run into the house to answer the phone. But to think that, depending on her level of sophistication, her next move might be to make like chicken little, running down the street and screaming about the imminent collision of heaven and earth...

But of course it takes more than one head-scratcher to make a true CAHPTG moment.

The next day we were all greeted with a headline in the local newspaper announcing that

Civil Defense’s ‘sky is falling’ message sent in error

No kidding? We thought maybe they meant to do that to see if anyone was paying attention.

Of course Beth Tokioka, the fount of all county information- who has made it known that she and she alone is responsible for all county announcements- was the first to blame it on someone else, telling the paper

“We are in contact with Connect CTY to diagnose what went wrong to insure it does not happen again,” she said. “We sincerely apologize for the error.”

We’d normally sense a “heads will roll” moment in the making. Unfortunately this is Kaua`i and so that’s doubtful... and if anyone is fired you can bet it most certainly won’t be Tokioka.

Because in a place where, when it comes to hiring practices, competency is secondary to loyalty, you can expect anything but crackerjack proficiency at the old ball game.

Thursday, January 13, 2011

A ROCKY HORROR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So what can you do? Dalton says

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

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

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

Kimberly Bose, Secretary Federal Energy Regulatory Commission

888 First St NE

Washington, DC 20426


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

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

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

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

Wednesday, January 12, 2011

WILL IT GO ROUND IN CIRCLES?

WILL IT GO ROUND IN CIRCLES?: We know better than to get too get delusional when the prospects for a governmental action exceeds expectations.

And after eight years of getting up every day wondering what kind of f**ked-up s**t ex-Governor Linda Lingle (boy it feels good to write that) has cooked up today we have to be careful not to engage in too much relativism.

But even before tomorrow’s first meeting of the Board of Land and Natural Resources (BLNR) under new Chair Bill Aila takes place his appointment has already bourn fruit with the news that the infamous rage-a-holic Bruce Laymon has given up his efforts to fence off the alaloa at Lepe`uli (Larsen’s) Beach.

Copies of a letter (thanks to Joan Conrow and Roger Jacobs for the document postings) from Laymon’s attorney, Lorna Nishimitsu, to the BLNR’s staff surrendering his Conservation District Use Permit (CDUP) came flying into our inbox Monday from many who had fought to stop Laymon from harassing beach goers and violating kanaka rights.

It comes on the heels of a new staff report recommending a contested case hearing be granted after the original report was found to be a bunch of bogus bullbleep that simply ignored the testimony of many in the community and rammed through the permit based on Laymon’s misrepresentations.

The problem is that now comes the hard work for Aila, mostly because he’s stuck with most of Lingle’s appointees like the Kaua`i BLNR “representative” Ron Agor whose two-faced actions led to the permit being issued in the first place.

While Agor was telling opponents of the permit that he would fight it, records showed that his support for Laymon was the deciding factor in convincing the board to approve it since many times the board relies on neighbor island reps in deciding issues on their islands.

Aila- and Kaua`i- is stuck with Agor for another year and a half since his four-year term doesn’t end until June 30, 2012- unless he can somehow be forced or persuaded to resign.

In addition to the issue of prescriptive and PASH rights to access to the alaloa- an historic trail that runs around the island near the shore which Laymon’s permit allowed him to fence off in the area- one of the issues has been Laymon himself and his campaign to “clean up” the area.

Although the “cleaning” was said by Laymon and his handful of supporters to relate to trash that’s been left in the area it’s been clear that the real cleansing Laymon desired was that of haoles from the area with a plethora of notorious episodes of harassment of tourists and local Caucasians reported over the last few years in which Laymon insisted on characterizing them all as “hippie campers.”

Laymon was even accused of vandalizing his own equipment and blaming “campers” to gain public sympathy although no one was able to prove who did it one way or the other.

Another winner in all this, aside from the people of Kaua`i, appears to be the owner and leaser of the land, the Waioli Corporation, whose non-profit, do-good, historical-preservation mission has been tainted in all this and will now be able allow the episode to fade into memory.

As we said, we’re not ready to declare a new era for the Department of Land and Natural Recourses and it’s Board. But it is nice when the good guys win every once in a while.

For more information on some of the incidents see our past coverage and Joan Conrow’s Tuesday report and recap.