Monthly Archives: June 2011

UH Professor Callies Astounding Insensitivity Towards Hawaiian Burials

UH Professor David Callies was one of the featured speakers at a recent Conservative Forum for Hawaii meeting. Hawaiian burial sites was one of the issues he discussed:

“On Hawaiian issues, he comments this is the “third rail” which prevents the usual meaningful discussion of laws and regulations among legislators. The issue of Hawaiian remains is one example. Presently, the State Burial Council only allows two possibilities if native Hawaiian remains are found on a property: remove them, or keep them in place. Ruling for remaining in place but not allowing them to be covered over and developed upon is frequently the result.

There needs to be another alternative. “I know myself of several cases of native Hawaiian remains on this island that are covered over with concrete”.”

Professor Callies made an astoundingly insensitive comment about Hawaiian burials . These sites should be preserved in place and not paved over. I know this poses problems for developers, etc. However, progress shouldn’t usurp the protection and preservation of these sites.

Professor Callies lassiez faire attitude towards burials perhaps explains another facet of  his speech:

“Currently, cases brought before the state supreme court by entities such as the Sierra Club, Life of the Land, Earth Justice, and Native Hawaiian groups were winning 90% of the time. These cases also involved reversal of lower court findings about 65-75% of the time. It was commented that if large developers with skilled attorneys and deep resources could not predict the land use laws effectively, with odds like that the only rational decision was not to play at all.”


Saddle Road Bid Solicitation Update

The manager overseeing the Makalei Fire Station project e-mailed me this update on Monday:

“The project is moving along in accordance with the contractor’s construction schedule. The mass excavation work on this site was quite extensive (more so when it is being done in solid rock…), form work has just started and we’ve been really fortunate that weather has been quite cooperative.”

The Department of Commence and Consumer Affairs CATV division recently granted Hawaiian Telcom a cable television franchise license for the island of Oahu (Star Bulletin, KITV). I strongly believe Hawaiian Telcom’s existing last mile copper facilities won’t reliably support video. Potential customers have to live 5,000 feet (or less) from the central office/remote terminal to qualify for this service.

I spoke to the manager overseeing the La’aloa Avenue Extension project on Monday. The county is working diligently to obtain the necessary land easements. However, one parcel is tied up in litigation between two partners. So, the condemnation of the land can’t proceed until this litigation is resolved.

I received this update regarding the status of the next phase of the Saddle Road improvement project.

“The CFLHD portion of FHWA has not received the funding yet, and we’ve been waiting on it “any day.” It has been received by our Headquarters but they do all kinds of things to the money before they appropriate it for specific projects. We are ready to put the project up for bid any day now, once funding is received and obligated for the project.

I cannot provide a accurate eta due to the funding being out of our hands, but I would think any day now…even maybe today.”

Update: The CFLHD officially posted the bid solicitation for the last Kona side phase of the Saddle Road improvement project on Wednesday. Sealed bids will be publicly opened on July 28th, 2011 at 2pm .

Lastly, Oceanic Time Warner Cable is probably speeding up the upcoming standard tier speed increase because their West/East Hawaii cable franchise licenses expire later this year.


Palani Road/Henry Street Intersection Utility Conduit Trenching Update

Oceanic Time Warner Cable may increase the speed of the neighbor island Road Runner standard tier from 5Mbps to 10Mbps in August instead of late 2011, according to this e-mail from Oceanic:

“Aaron,

Work is underway to add the capacity needed. We may be prepared for the increase by August, but if we have to limit the areas in any way the increase will still happen before November.”

Road and Highway Builders LLC couldn’t resume paving last Monday due to unfavorable weather conditions on Saddle Road.  However, they were able to resume paving last Tuesday.

I spoke to the manager overseeing the mid-level road project on Monday. He may have an update on the relocation of Hawaiian Telcom/Oceanic Time Warner cables by the time I talk to him next Wednesday.

CTS Earthmoving and Nan Inc.’s traffic control plan for the initial Palani Road utility conduit trenching is working out very well. Vehicular traffic is moving smoothly on Palani Road and at the Queen Kaahumanu Highway/ Henry Street intersection.

He also provided an update regarding this construction work:

“Due to unforeseen underground conditions (pipes buried in unexpected locations), our excavation work is proceeding more slowly than planned. We just communicated with the County DPW that there is need to extend the road closure – pushing the opening back to the second or third week of July.”

Lastly, the anti-Mauna Kea telescope activists strike again. They believe the Thirty Meter Telescope Corporation has foolishly spent a lot of money on their Mauna Kea telescope project.

I believe TMT will pay dividends for the Big Island. This facility secures Mauna Kea’s reputation as the world’s preeminent astronomy location, provides much-needed and well paying jobs (instead of more low paying retail jobs), and help diversify our island’s economy away from depending on the construction and tourism industries.


Hokuli’a Project Update

The Hokuli’a development has been stalled since early 2008 because Lyle Anderson, the project’s original developer, defaulted on a one billion dollar loan. So, MGBD LLC was retained by Lloyds Banking Group to oversee four projects developed by Mr. Anderson. However, there was renewed investor interest to buy Hokuli’a last year. Nevertheless, nothing concrete materialized until May 2011.

An investor group led by Bill Franke, the former CEO and Chairman of America West Airlines and managing partner of Indigo Partners LLC, executed an agreement with Lloyds Banking Group on or around May 18th, 2011 to purchase the Hokuli’a development. However, the deal  was contingent on the successful completion of a 90 day due diligence period.

The Bill Franke led investment group backed out of the purchase agreement on or around June 20th, 2011 though. A non-disclosure agreement prohibited the specifics of this decision from being released. Nevertheless, I would bet the project’s hefty encumbrances was the likely culprit.

Lloyds Banking Group has resumed searching for investors to buy this project.


**Commentary** Sayanora Cooperation

(Submitted by Councilman Pete Hoffmann)

Using the recent budget discussions as a background, I had hoped that the Mayor would recognize the opportunity that presented itself for establishing a cooperative relationship with the Council. Unfortunately, that didn’t occur. I’ll admit I’m wasn’t completely surprised, but I am disappointed that the administration resorts to “political theater” once again to resolve relatively minor budget changes.

We’ve heard on numerous occasions the Mayor clearly state that he seeks a new cooperation with the Council. I can’t imagine a better occasion to initiate this spirit. Consider the circumstances: the Council managed to amend the Mayor’s budget totaling $367M by less than $11M. That’s less than a 3% change. Despite all the discussion and the back and forth surrounding one or two emotional topics, that alteration is quite small. I’m sorry the Mayor didn’t call a press conference, declare victory, and thank the Council for agreeing with 97% of his budget submission. I think 97% is a good acceptance rate.

The Mayor has indicated that his veto is not a political one but rather based on the legality of the Council’s efforts to amend the budget for $5.8M. In that amendment, the Council directed the administration take the funds from the Other Current Expense Accounts that are scattered throughout the various departments. The Corporation Counsel now believes that the amended budget has “numerous legal infirmities.” I expressed my concerns regarding this amendment at the time of the budget hearings, but not on legal grounds. Personally, I would rather have had the Council specify the source of those funds, but I voted for the amendment because the past history of such Council efforts during this administration met with no success. On this occasion, I felt perhaps that the administration could identify the source of such funds itself. At no time during the budget discussion, did I or other Council members believe that what we were doing was ‘illegal’, nor did we ever hear from the Corporation Counsel that such actions might be in violation of the charter. Let’s remember, we considered this amendment on 18 May. Now a month later, the Council is informed there could be problems.

One should also remember that in our County system, the Corporation Counsel is the lawyer for both the Mayor/administration and the County Council. I have always wondered how you can serve the proverbial two masters at the same time, and this is an instance where this might lead to real/imagined difficulties. We are told that the Council should have sought legal opinion before introducing the $5.8M amendment. But since the Corporation Counsel is also supposed to be the County Council’s lawyer, one might wonder why the lawyers didn’t raise this issue to the Council Chair, at least before the budget was passed at second reading on 1 June? The Mayor comments that perhaps the Council should have asked the question first. A visitor from somewhere other than Hawaii County would be forgiven from giggling uncontrollably at this point. So much for a cooperative spirit.

Whether the Council votes to override the Mayor’s veto or not, County residents are being treated to another in a series of political dramas that tend to reflect badly on all participants. Effective government demands better leadership. I think the Council and administration had that opportunity a short time ago, but that opportunity has slipped through everyone’s fingers. Apparently, something about the budget process seems to generate less than a collaborative effort by Council and the administration. Our residents deserve better.


Saddle Road Improvement Project Update

I received a tip regarding the latest phase of the Saddle Road improvement project on Monday. The DAR funding evidently won’t be available until 2015. So, the HDOT is lending the CFLHD 25 million dollars as a stop gap measure. The HDOT is slated to release the funding by next month, according to my source.

I e-mailed the HDOT and CFLHD to verify this tip. Dan Meisenzahl, HDOT’s Chief of Communications, replied to my inquiry:

“Hello Mr. Stene,

Thank you for your inquiry. The funding consisting of $9,000,000 in earmarks, and $10,000,000 in federal formula funds, has been transferred to Central Federal Lands, the project manager, for the 1st phase of the W7 project construction. Central Federal Lands will be advertising the project soon. The size and timing of the next phases of the W7 project will be depend on funding availability.”

Mr. Meisenzahl’s candor was very surprising. He previously declined to reveal the total amount of available funding. Nevertheless, I’m thrilled that 19 million dollars will be allocated to the first phase of the W-7 segment. However, I still believe it will take more than one bid solicitation to complete the earthwork.

Update: Dave Gedeon, the CFLHD Saddle Road project manager, also replied to my e-mail inquiry:

Aaron – We’ve been working with HDOT on the transfer; the funds are now in FHWA hands however there is still a fair amount of internal paperwork and routing to complete, thus not possible to establish a firm advertisement date at this time. Hopefully very soon.


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