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Showing posts with label gov. Show all posts
Showing posts with label gov. Show all posts

July 30, 2014

Kauaʻi County annual report

Kauaʻi county publishes an annual report summarizing the activities of each department for the past fiscal year. The 2012-2013 report is just out and can be found here.

The county fiscal year is from July to June, so that means it took nearly 13 months to get the report out this year. I wrote to the mayor's office asking why the delay and with persistence heard this year they took extra time without an explanation of why. Normally the report is out by late fall they said.

A few highlights from reading a few sections:

  • County Auditor
    • The review of county take-home car policy (notably including the gas the county pays for that allegedly went to personal use) is still in progress.
    • County Auditor returned 36% of the budget unused
  • County Attorney
    • almost $500,000 over budget (apparently unplanned high cost of litigation)
    • the county is embroiled in lawsuits against it: well over 100 cases were pending at the start of the fiscal year (two years ago, July 1, 2012) and just over 100 were filed during FY2012-2013; since only 50-some cases closed that means the county had nearly 200 cases pending as of June 30, 2013.
  • Mayor
    • a collection of reports from a number of boards and projects under the mayor's office
There are a total of 19 department sections in the county annual report. I will update with highlights from a few more at a time.

Fiscal Year 2012 - 2013 Annual Report by Department

Message from the Mayor
Table of Contents
Section I: Office of the County Attorney
Section II: Civil Defense Agency
Section III: Department of Personnel Services
Section IV: Office of Economic Development
Section V: Agency on Elderly Affairs
Section VI: Department of Finance
Section VII: Kauai Fire Department
Section VIII: Kauai County Housing Agency
Section IX: Department of Liquor Control
Section X: Office of the Mayor
Section XI: Department of Parks & Recreation
Section XII: Planning Department
Section XIII: Kauai Police Department
Section XIV: Office of the Prosecuting Attorney
Section XV: Department of Public Works
Section XVI: Transportation Agency
Section XVII: Department of Water
Section XVIII: Office of the County Clerk
Section XIX: Office of the County Auditor

June 6, 2014

Kauai County election filings closed

In 2014 Kauai elects the mayor and county council. Here is a summary of candidates who have filed nomination papers - to appear on the ballot the signatures they have collected still need to be verified. This year we elect the mayor and the full council; the prosecuting attorney is not up for election until 2016. State office holders are also on the ballot, but not mentioned in this piece.


Mayor

There are four mayoral candidates with the top two vote-getters from the primary going on to the general election. Incumbent mayor is widely expected to win but there is a lot of buzz about former pro surfer Dustin Barca challenging in his first election for public office.
  1. Dustin Barca - Kilauea
  2. Bernhard Carvalho, Jr. (i) - Kapaa, wikipediaFacebook (not updated since 2010)
  3. Debralynn M. Desilva-Carveiro - Eleele
  4. Curtis H. Lake - Kapaa

County Council

All seven council positions are up for election this year. The top 14 vote-getters in the primary will be on the General Election ballot for the seven at-large positions. Vote for the best candidates of your choice, not necessary to vote for seven. I recommend against the strategy one sometimes hears of not voting for good candidates considered "sure to win" - obviously if everyone did that it doesn't work. Over-voting (voting for more than seven) is not allowed an nullifies your vote so count carefully.
  1. Arthur Brun - Kekaha, works for Syngenta (biotechnology corporation)
  2. Tim L. Bynum (i) - Kapaʻa, recently won settlement to lawsuit against the county in court
  3. Mason K. Chock, Sr. (i) - Kapaʻa
  4. Felicia E. Cowden - Kilauea, prominent local radio personality
  5. J. Furfaro (i) - Princeville, current chair of the council
  6. Joanne Georgi - Eleele, ran for state senate unsuccessfully in 2010
  7. Gary L. Hooser (i) - Kapaʻa
  8. Ronald J. Horoshko - Kalaheo, operates the golf course cafe Birdie's
  9. Joseph H. Kaauwai, Jr. - Anahola, ran and lost in 2012
  10. Ross K. Kagawa (i) - Lihue
  11. Ernest L. Kanekoa, Jr. - Kalaheo, police commission member
  12. Arryl J. Kaneshiro - Lihue
  13. Sandra I. Klutke - Kapaʻa, on the Agribusiness Development Council (source)
  14. Kipukai L.P. Kuaalii - Anahola, ran and narrowly lost in 2012
  15. Tiana K. Laranio - Kapaʻa
  16. Arnold W. F. Leong - Hanapepe
  17. Darryl D. Perry - Lihue, chief of police
  18. Melvin F. Rapozo (i) - Kapaʻa
  19. JoAnn A. Yukimura (i) - Lihue, former mayor
My predictions for the primary election, not that it matters:
  • Mayor: Carvalho (over 50%) and a strong showing from Barca for mayor
  • Council: all incumbents plus Brun, Cowden, Georgi, Kanekoa, Kaneshiro, Kuaalii, Perry

June 2, 2014

Kalaheo water details

There has been interest in details I have been writing up here from folks in the community, so here are some more. I hope it is of interest.

Most of today water department trucks were gathered at the entrance to Kakela Makai around a hole in the road working on something.

Gauging the water level in the tank

Today I learned from a citizen in the Kakela Makai area how you can tell the level of water in the supply tanks, i.e. how close the community is to running out of water.

Along Puu Road on the makai side of the Kukuiolono golf course there is a big green water tank. The GPS location is approximately (21.912192,-159.523775) or see Google map.

Along the right side of the tank is a white vertical bar that has an indicator that goes up and down: see the yellow arrow in photo at left. This is attached to a pulley at the top, over, and down into the tank connected to a float to measure the water level. The further up this indicator goes the lower down the float is and vice versa. This shot (June 2, 3pm) shows the indicator about 1/4 from the top (dashed yellow line) which means the water lever is roughly 1/4 from empty (dashed blue line below). As the indicator moves lower it means there is more water in the tank (and if you look closely at the Google Street view at the link above, the indicator is down a few feet from ground level) showing normal very full supply.

Kalaheo's wells and water tanks

The two wells that have both failed causing this water shortage are mauka side uphill from the highway, approximately at (21.938187,-159.525099) according to the map provided at the water department meeting on Saturday. There is a water tank near the wells and another tank (100,000 gallon) further uphill on Puuwai Road.

On the other side of the highway to the south in addition to the Puu Road tank shown above, there is a (250,000 gallon) tank up near the northeast edge of the Kukuiolono golf course, roughly at (21.9180151,-159.5261859).

What about all the other water?

At the water department meeting one good question was about potentially using Alexander Reservoir (21.9570011,-159.5243735) which is just uphill from the highest mauka tank and presumably contains lots of water. Chief Engineer Saiki responded that the water treatment facility for the reservoir was damaged in Iniki (major hurricane) and have been abandoned. Restoring the treatment facility probably doesn't make sense as an interim measure since it would take considerable time and expense, probably repairing the wells is cheaper and faster. Additionally, since this isn't a department of water reservoir (it seems to be private) it isn't even part of the system as I understand it. This explanation makes sense to me. 

Another question was about the nearby Kauai Coffee fields having water while the adjoining neighborhoods in Kalaheo don't. The coffee fields are supplied by private agricultural water system not part of the department of water and since it is non-potable water it isn't clear how they could even usefully share even if they wanted to. That said, so see all that water running in ditches when you have none in the tap is hard to ignore.

Kauai new ordinances

After all the Bill 2491 / Ordinance 960 hubbub last year the legislative activities of the county council have been relatively quite. I recently heard about new county legislation to address the long-standing issue of dealing with barking dogs had passed but it took quite an effort to find it online. This seems like a good reminder so I managed to dig up all the recent new county law.

Here is a summary with links to the actual details. Obviously the law is more complicated than a simple summary so read the linked text if you want to understand the details.

Ordinance 960 - "The Bill" (more precisely Bill 2491) about pesticides and GMO.

Ordinance 961 - Repeals temporary exemptions to ease rebuilding after Hurricane Iniki (well over twenty years ago). Specifically, repeals Ordinances 642, 649, 653, 689, and 716.

Ordinance 962 - Provides exemption from solid waste dumping fees for volunteer public space cleanups.

Ordinance 965 - Provides mandatory licensing for pet cats.

Ordinance 966 - Extends the deadline for homeowners to apply for the Home Preservation Tax Limit (a low income property tax reduction) this year.

Ordinance 967 - Barking dog law.

Ordinance 968 - Changes some fees for solid waste disposal and incorporates the public cleanup exemption of Ordinance 962.

Ordinance 969 - Updates county vehicle tax raising rates.

I do not know why numbers 963-964 were skipped.

The barking dog ordinances carefully defines nuisance barking and imposes escalating fines after an attempt at remediation. A dog violates the ordinance if it "barks, bays, cries, or howls intermittently for a period of twenty (20) minutes within a thirty (30) minute period of time, or continuously or incessantly for a period of ten (10) minutes." It's not easy to define exactly what constitutes a problem but I'm not sure this is the definition I would come up with. I am not a lawyer but I think like art it is something people generally recognize when they see hear it.

Let's hope nobody has a dog next door that barks for nine minutes continuously then takes a six minute rest as I don't believe that qualifies as a violation!

It's nice to see the council addressing contentious issues without an island-wide firestorm. Hope it works.

June 1, 2014

County council race update

With the filing deadline a few days away here is an updated list of candidates (as of 30 May) vying to get on the primary ballot.

The council's latest appointment Mason K. Chock, Sr. has now filed so all incumbents should be on the ballot ... with the surprising exception of council chair J. Furfaro who has not yet filed nomination papers.

Question mark (?) indicates candidates who have not completed filing. Candidates file and receive papers that they must returned with voter signatures to get on the ballot. June 3 is the deadline to file nomination. Next step to getting on the ballot is for the nomination papers to be validated by election officials to ensure they have the requisite number of voter signatures.

New candidates since last time I reviewed the field are in italics.

  1. ? Dominic C. Acain - Kekaha
  2. ? William U. Asing - Lihue
  3. Arthur Brun - Kekaha, works for Syngenta (biotechnology corporation)
  4. Tim L. Bynum (i) - Kapaʻa, recently won settlement to lawsuit against the county in court
  5. Mason K. Chock, Sr. (i) - Kapaʻa
  6. Felicia E. Cowden - Kilauea, prominent local radio personality
  7. ? Vince E. Flores - Lawai
  8. J. Furfaro (i) - Princeville, current chair of the council
  9. Joanne Georgi - Eleele, ran for state senate unsuccessfully in 2010
  10. Eva Hoopii - Kapaʻa
  11. Gary L. Hooser (i) - Kapaʻa
  12. Ronald J. Horoshko - Kalaheo, operates the golf course cafe Birdie's
  13. Joseph H. Kaauwai, Jr. - Anahola
  14. Ross K. Kagawa (i) - Lihue
  15. Ernest L. Kanekoa, Jr. - Kalaheo, police commission member
  16. Arryl J. Kaneshiro - Lihue
  17. ? Sandra I. Klutke - Kapaʻa
  18. Kipukai L.P. Kuaalii - Anahola
  19. Tiana K. Laranio - Kapaʻa
  20. Arnold W. F. Leong - Hanapepe
  21. ? Toi Pualaa Norwood - Lihue
  22. Darryl D. Perry - Lihue, chief of police
  23. Melvin F. Rapozo (i) - Kapaʻa
  24. JoAnn A. Yukimura (i) - Lihue

May 30, 2014

Kalaheo water supply update

The recent 48 hour water service failure has provided a window in the operation of the Kauai Department of Water in providing clean, safe drinking water - a service too easy to take for granted. Since yesterday afternoon water service has been working for me here so that's real progress.

This part of Kalaheo gets water from who wells near the golf course area at the top of the hill makai of the highway.

Four months ago on January 29 the main well failed and the department responded by requesting a contractor to perform necessary repairs[1]. The emergency procurement request states specifically that the contractor, Oasis Water System, commits to mobilize their rig "same day" the department orders the job. The next mention of this emergency request I could find was two months later[2] contract #581 was awarded as requested (the date of Notice to Proceed is not listed but presumably is before April 24). So repair on the primary well should have been underway at least a month ago.

Then the backup well failed last weekend. "The Department was executing a contract for the repairs to Well no. 1, but before the contractor got started, Well no. 2 was damaged on Sunday, May 25, 2014. "[3]

The latest timeline: "DOW estimates 4-6 weeks to fully restore Kalaheo well damage; Temporary measures should improve water service by early next week"[4] It's unclear if this means repairing the backup well or also the primary well. Temporary pipe was put in across the highway last night which I suppose allows water from the mauka reservoir to be shared with the rest of Kalaheo.

Open questions include:

  • Why did it take one to two months to approve an emergency repair request?
  • Did the contract indeed start work "same day" and what is the status of that work?

[1] Water board minutes of February 14, 2014: page 51-53.
[2] Water board minutes of April 24, 2014: page 158.
[3] Water department reply to comment on Kauai DOW facebook page.
[4] Water department announcement on Kauai DOW facebook post.

Currently the mainland is facing severe drought conditions in much of the southwest and south central regions. This is a much bigger problem than fixing a couple of broken wells. In the map below the black, red, and orange areas represent exceptional, extreme, and severe drought conditions, respectively. The past two days have demonstrated to me personally that running low on water very quickly impacts daily life. What we can do is raise awareness and act to address these challenges. What we mustn't do is ignore the situation and continue taking our water supply for granted.

May 13, 2014

Kauaʻi County Council race begins

While politics may be of little interest to many readers, the outcome of this process very much effects the future of this island. 
In the USA I think we tend to take elections for granted, even after the 2000 election raised some very serious issues with the process. Kauaʻi is small enough that I wanted to look into the process behind the election itself.

Candidates are still filing for the primary election ballot for county council seats but here is an early look at the official uncertified preliminary status as of 9 May. The follow lists candidates who have applied for nomination papers to be returned with 15 (thatʻs all) signatures of voters to get on the ballot along with a filing fee. Until all papers are in and signatures checked we won't know the final list but the following is a reasonable approximation of who will be in the running for seven seats.

According to the candidate's manual, each candidate chooses whether or not to comply with campaign spending limits and if so a viable candidate can receive funding from the state (taken from state income tax revenue) for the campaign. The spending limit is $1.40 per registered voter (from the last election) or about $56,000. Candidates must independently collect at least $3,000 to be considered eligible for funding.

Candidates are listed alphabetically with their city of residence; incumbents marked "(i)". Link to best web link I found relevant to candidacy:

  1. Arthur Brun - Kekaha, works for Syngenta (biotechnology corporation)
  2. Tim L. Bynum (i) - Kapaʻa, recently won settlement to lawsuit against the county in court
  3. Felicia E. Cowden - Kilauea, prominent local radio personality
  4. J. Furfaro (i) - Princeville, current chair of the council
  5. Joanne Georgi - Eleele, ran for state senate unsuccessfully in 2010
  6. Eva Hoopii - Kapaʻa
  7. Gary L. Hooser (i) - Kapaʻa
  8. Ronald J. Horoshko - Kalaheo
  9. Joseph H. Kaauwai, Jr. - Anahola
  10. Ross K. Kagawa (i) - Lihue
  11. Ernest L. Kanekoa, Jr. - Kalaheo, police commission member
  12. Arryl J. Kaneshiro - Lihue
  13. Kipukai L.P. Kuaalii - Anahola
  14. Darryl D. Perry - Lihue, chief of police
  15. Melvin F. Rapozo (i) - Kapaʻa
  16. JoAnn A. Yukimura (i) - Lihue

The only incumbent not listed is Mason K. Chock, Sr., recently appointed to fill an open seat.

While I don't want to overestimate the power of the internet, it's notable that only incumbents (and not all of them) have campaign web sites. Of those most are fairly barebones. A couple of new candidates got short interviews in the local paper which I did link to. That said, signs in people's yards may be more powerful that web sites, and I have seen several signs for candidates that don't have web sites, or at least sites I could find via searching.

May 12, 2014

Election year

This is an election year and in the past few weeks signs have been popping up along the road or in front of homes and businesses in support of candidates. Less than two months remain to register to vote.

  • Primary election is August 9, 2014
  • General election is November 4, 2014

County mayor, council, and prosecuting attorney will be on the ballot in addition to governor and state representative. The county council members are "at-large" meaning each serves the entire island rather than having regional seats. The top 14 vote getters in the primary vie for the 7 seats going to the top 7 vote getters in the general election.

By far the strongest early showing on the streets is our incumbent mayor Bernard Carvalho: not just signs but he has people waving his signs by the highway. Last election he won easily and I have heard folks here opine that he doesn't have any serious competition this year. It's too early to tell as there are a few weeks left for candidate filings so the process has just begun.

So many people I have asked about local government shake their heads and complain. There certainly have been reasons to worry, but one easy improvement that is very doable is better voter turnout. In 2012 general election voter turnout was 62.9% (25,617 of 40,738 registered voters).

For politics, I realize this is a rather bland opinion-free posting, but I am just beginning to learn about all this so will wait until I actually have some insight before sharing my critical thoughts on candidates.

Official county elections information is available at kauai.gov/elections or see state elections where results will be posted.

May 1, 2014

Charter amendment amendment

More changes to the county charter are being considered. In another proposed amendment to the county charter, the Kauaʻi County Charter Review Commission held a hearing about upping the number of required signatures for amending the charter by the public from 5% to 20% of voters (based on number of votes in the last general election).

The stated motivation for changing the charter amendment signature requirement is that it should be higher than the requirement for placing a proposition (creating legislation) which is currently also 5%. Charter amendments certainly are changing a more fundamental layer of the legal system yet it seems that if anything the number of votes required for passage should be higher. Quite obviously, making it harder to put amendments on the ballot is hardly the same.

A summary of the percentage of vote signatures required by the major islands is instructive:

  • Kauaʻi county charter [link] 5% (72 pages)
  • Oahu  (City of Honolulu) charter [link] 10%
  • Maui county charter [PDF] 10% (62 pages)
  • Hawaii county charter [PDF] 20% (61 pages)
True, Kauaʻi does have the lowest bar for signatures to place proposed amendments on the ballot, yet do we want to jump to match the highest requirement? Since we are talking about effort to place amendments on the ballot a key consideration is if there are frivolous amendment proposals that the lower requirement is allowing that did not belong on the ballot in the first place or not. 

To support this I would like to see more of a justification, specifically where is the evidence that the 5% requirement is too easy? Have we had a problem with frivolous amendments get on the ballot? (Obviously some amendments will fail to pass, that doesn't mean they should never have been on the ballot.) On the other hand if we have had lots of amendments that only garnered 5% of the vote or something like that, I can see that as justification to raise the bar. In the 2012 election [results], nothing like that seemed to happen, so what's the motive? 

The real problem the county has been having with charter amendments is that they don't stand up in court: "For the second time in six years, a Hawaii court has invalidated a voter-initiated amendment to the charter". Due to a 2012 amendment the county attorney reviews amendments including "alteration or change in the form or language or any restatement of the text of the proposed amendments" (though the exact process is unclear).

My take on all this is that people are very rightfully frustrated with government. Many people here feel that this place is special, yet there is so much state and federal control on top of everything it often makes it difficult. 

This possible amendment seems unrelated, at least directly, to the effort to place an amendment to the county charter about GMO regulation. Even if both garner support they would appear together on the ballot later this year. 

The Fifth County

There is one more county in the state of Hawaii located in a remote part of Molokaʻi. Kalawao county (map), with a population under 100, is a special case with no elected officials. Maui county government supports Kalawao county as well as administer the rest of the island. Kalawao may be the least populous county in the United States (source). For obvious reasons their charter provisions isn't going to be comparable to the other counties, and actually I was unable to even find the document or even a web site for the county online.

April 20, 2014

The coming GMO battle: Kauai Charter Amendment Article XXXIII

As the ongoing legal wrangling over Kauai's Ordinance 960 continues, the next wave of political action is rolling out as a county charter amendment (full text) from Kauai Rising who has begun collecting signatures to put the charter amendment on the November ballot.
ARTICLE XXXIII - BILL OF RIGHTS 
TO PROTECT FROM HAZARDS OF GMO AGRICULTURE, TOXINS AND TESTING, ESTABLISH AN ADMINISTRATOR OF ENVIRONMENTAL HEALTH, AND PROVIDE FOR ENFORCEMENT
GMO issues are complex and I won't attempt a position here. Without attempting a legal analysis either here are some first observations.

The amendment establishes a County Administrator of Environmental Health and a "panel of experts" that would report findings to the county council to approve any GMO activities on the island, with a provision allowing the council's decision to be overturned subject to petition by the public. Additionally there would be a monitoring effort, a containment requirement to prevent impact on neighboring property. All costs and overhead would be funded through what would have to be very expensive application fees and there would be significant civil as well as criminal penalties for violations.

The amendment begins with a detailed enumeration of rights: safe food, clean environment, protect communities, saving seed. The assertion of rights seems intended to address the legal challenge of local government typically being trumped by state and federal as I have written about previously.

The full amendment is 18 pages long - Kauai Rising provides a very brief summary. On the face of it the amendment appears to be a much stronger version of Ordinance 960 (which only required annual reporting of GMO activities and was largely about pesticide use and buffer zones) that squarely tackles GMO operations. Under the amendment, GMO operations would be required to demonstrate "beyond a reasonable doubt," that none of the rights are harmed.

The length of the charter amendment I find quite curious: this is about 25% the size of the entire county charter (72 pages). County departments like police, fire, water, and so forth each take up about two pages in the county charter. Is it really wise to embody so much detail in the charter itself rather than in ordinances and rules as the county generally operates? There does not seem to be a way to bundle a charter amendment with legislation accompanying it which is why I imagine the authors have piled all the details in, the alternative being a separate law-making effort that would become yet another battle.

Kauai Rising seems to be the authors of the amendment as I can find it nowhere else on the web. Who actually wrote the amendment and with what legal help is unclear. There is not much press on this yet. Kauai Eclectic is dismissive of the effort.

Throughout the battle over "The bill" (Bill 2491 which became Ordinance 960) there were vague claims that its passage would result in loss of jobs that I thought exaggerated. The amendment, on the other hand, seems a clear threat to the currently operating chemical companies and its passage (surely to be challenged in the courts) would very much be an existential threat to operations here. The stakes are much higher indeed if this manages to get on the ballot. Charter amendments require signatures of 5% of registered voters to get on the ballot.

April 2, 2014

Tsunami

Yesterday a massive (8.2M) earthquake struck off the coast of Chile causing significant damage including tsunami. The chances of tsunami reaching Hawaiian coasts was low and after a few hours the official prediction was that it would not be a danger here. Tsunami can certainly propagate far across oceans but since no alert has been declared it would appear the chances of significant impact are low (to be clear, this is not intended as an interpretation of this event).

A long-time islander phoned me to suggest that other than staying well above and away from the shore, a good precaution is to fill up the tank with gas.

For future reference you can find official reports about tsunami at the Pacific Tsunami Warning Center website. The official report on this tsunami event which should be updated as things progress is here. There is a little more information from the Pacific Disaster Center (pdc.org) here.
Official information about tsunami including what to do in the event of one can be found at this FAQ.

I must say the official information on the web is not very well designed and as a result it is hard to find solid information. It's actually quite a runaround with lots of indirection which it should not be. While the impact was still being evaluated I tried to find out some solid information:
  • The Pacific Tsunami Warning Center website shows a graphical "low" meter ... yet they are evaluating the impact of a significant earthquake in the ocean. Isn't that at least a "medium"?
  • There is small text asking you to "Click here to read the latest tsunami message" ... they can't be bothered to actually show you a summary right there. That you need to click is not easy to find.
  • Clicking takes you to the report linked above that says "WE ARE STILL INVESTIGATING LEVEL OF TSUNAMI THREAT FOR HAWAII." (They don't seem to know that the Internet can do lower case making the thing harder to read than it could be.)
  • And buried near the end is the one Hawaii related fact available: IF TSUNAMI WAVES IMPACT HAWAII THEIR ESTIMATED EARLIEST ARRIVAL TIME IS 0324 AM HST WED 02 APR 2014
Kauai Civil Defense was about the same in terms of obscuring the information and challenging the user to traverse a few web pages to find anything useful.
  • There is a mostly blank page - where the latest info could easily appear - with a very small inconspicuous link "Pacific Disaster Center - Past 24 hours Message Archive".
  • Click to go to Pacific Disaster Center (pdc.org) where there is a world map with several colored icons on it.
  • Under Recent Events there is a like to the 8.2M earthquake, but clicking on that just changes the map. And there is a banner: " Breaking News:  Check Facebook for latest info on 8.2". So our civil defense depends on Facebook now.
  • On the left under "News" is an article about April being Tsunami Awareness Month (this is a fitting start indeed).
That there are so many sources of information variously pointing elsewhere and completely different looking web sites to navigate to find the key results is really a shame. In an emergency the last thing I want to do is go clicking from here to there - everyone should have one place they can go to get official latest word on events like this.

It's almost as important to get an early clear opinion that the risk is likely low. Instead, it took hours to get anything more than "WE ARE STILL INVESTIGATING" - a preliminary assessment should be available within minutes, noting that it is provisional and better information will be developed soon (ideally, providing a time frame to expect to learn more).

Hilo tsunami
Notably on April 1, in 1946, a large tsunami hit Hawaii causing great destruction notably in Hilo on the big island. (The photo at left is from that event.)

Note: Lately I have not been posting much here so this timely event prompted me to get back to it. Having moved here I haven't found the right new direction for writing here: previously exploring and touring topics have largely been covered, hikes have long since been covered, and yet I have not been here long enough to have much useful to say as a resident either. I do plan to continue but it will take time to find a new rhythm. Suggestions in the comments are always welcome.


February 21, 2014

Civil Defense

Currently there is a flash flood warning for Kauaʻi so it's a good reminder to think about safety. We get a lot of rain here in winter but today is a little heavy in spots, 4 1/2 inches early this morning in Anahola seems the heaviest.

Even modest rainfall can result in flash floods since the rainfall over large parts of the island will flow through some smaller gulches and into streams quickly, and various conditions can cause water levels to rise rapidly. Even locally heavy rainfall far away further up the mountain can cause flash floods in low lying areas.
  • Avoid low lying areas, streams, and rivers - head for higher ground
  • Do not attempt to cross fast flowing water
  • Do not drive through water you do not know how deep it is or is above the hubcaps
Weather service warnings in Hawaii can be monitored at http://www.prh.noaa.gov/hnl/watchwarn/.
On Kauaʻi you can also call (808) 245-6001 & (808) 245-3564 for latest alerts. Sadly, the web page seems to be a less than reliable source of information so the phone numbers and radio may be required. One would think that modern internet technology would be the best option for emergency information but apparently not so.

A "warning" is actually the highest level of alert and means that flooding in this case is occurring or likely imminent. A "watch" means that the risk of hazard is elevated. An "alert" is like a "warning" but for less serious level of hazard. Finally, an "outlook" advises of possible hazards.

Resources:

February 7, 2014

Kauai Driving

Getting a Hawaii driver's license is perhaps the most important step that officially says you are a kamaʻaina (resident) ... or more precisely, malihini (newcomer or guest). Your Hawaii license will also qualify you for kamaʻaina discounts which are plentiful and often save you significant money with local merchants.
  1. Review the Hawaii drivers manual (PDF) and look over the practice test (PDF)
  2. Collect documents necessary (web page)
  3. Go to driver's license agency in the Lihue Civic Center to apply

Getting your license

Before you go to apply for your license be sure you have the right documents to prove your identity and social security number as well as permission to reside in the country. Generally this will be a birth certificate or valid US passport (or visa or Green Card if non-US citizen) and social security card (or W-2 form) ... but other documents can be used if you don't have these; it's complicated so see here (Kauai county) or here (state) for details about proof of legal presence. The document requirement is federally mandated so while the clerks had plenty of aloha they are subject to very strict regulations checking identification.

The Kauai County Department Of Finance handles driver and vehicle licensing for Kauai.

  • Location: Moʻikeha Building, 4444 Rice Street, Suite 280, Lihue, HI 96766 (map
  • Hours: 7:45am to 4:00pm (arrive before 3:30pm)
  • Phone: (808) 241-4200
  • Fax: (808) 241-6529 
  • Web: http://www.kauai.gov/finance

What to expect

Fill out the application forms on the table to transfer out-of-state an license. (If you are getting your first license including driving test it is more involved.) I went today mid-morning and there was no line. It took ten minutes at the counter. 

You get a paper test with thirty questions to work on in the exam room - you need 24 correct to pass. When you have done the test get back in line to get graded. (I got one wrong about solid double white lines which I have never seen in Kauai: they mean you can't cross them, under any circumstances.) There is a quick vision exam and then you sit on benches until your name is called.

When the cashier calls your name you pay $40 (check or cash) and then get your photo taken. They had you a flimsy temporary license (and they keep your old license if transferring) and you are done. The whole thing took less than an hour.

Driver license review

Here are some points from reading the driver's manual that may vary by state or are worth reviewing.
  • Driving
    • After a complete stop you can turn right.
    • Signal all turns and lane changes 100 feet (30m) ahead.
    • Turn signal indicates intent, it does not give you the right to turn or change lanes.
    • Turn from the lane nearest the direction of the turn and into the nearest lane.
    • Do not use the road shoulder to get around a car stopped turning left.
    • Do not enter an intersection or crosswalk unless there is space to get through to the far side.
    • Entering a congested highway onramp if necessary stop early, not at the end of the merge lane.
  • Road signs
    • The diagonal stripes on a barricade indicate the direction to which traffic is to pass. Stripes sloping downward to the right mean bear right; downward to the left mean bear to the left.
    • Red lane marking reflectors mean you are going the wrong direction in the traffic lane.
    • A Red Arrow has the same meaning as a red light for the indicated lane of traffic.
  • Parking
    • Hill parking: downhill = turn wheels right;  uphill = left if curb or right if no curb.
    • Parallel parking: at least two feet from other parked vehicles unless marked, within 12 inches (30 cm) of curb.
  • Emergencies
    • Heavy rain: hydroplaning begins at 35 mph and at 55 mph you have no control of the vehicle.
    • Never drive through a flooded area where water over one foot deep (30 cm) is moving swiftly.
    • Skid recovery: ease off gas, turn in the direction the rear end is going, avoid sudden actions and over-correction.
    • Wheels off road while driving: do not jerk back onto road, reduce speed going straight, return to road when going at a slow safe speed.
    • Tire blowout: do not slam on brakes, stay in your lane, only use brakes after reducing speed to get off the road and stop.
    • Brake failure: pump brakes, downshift, warn others (horn, lights), hand brake slowly, get off the road.
    • Accelerator stuck open: slap accelerator hard, turn off ignition, brake to slow, then get off the road.
    • Auto fires: do not use water on gasoline fire. Use extinguisher or smother small fire, get away from large fire.
    • Hazard warning flasher should not be used while moving.
  • Accidents (involving any injury or over $3000 damage) must be reported to police and insurance by law.
    1. Stop. Do not leave the scene.
    2. Aid the injured.
    3. Warn passing traffic.
    4. Exchange information or leave information on unattended vehicle.
  • Intoxication: blood level over 0.08 (under 21, 0.02). In Hawaii there is implied consent to testing.
  • Speed reduces your field of vision: 20mph = 2/3, 40mph = 2/5, 60mph = 1/5, approximately.
  • Hawaii law prohibits leaving a child (under 9) unattended in a motor vehicle for 5 minutes.
  • Motorcycles are entitled to the entire width of the lane.

Resources

  • Driver's license and state ID details (web page)
  • Driver's Manual (PDF)
  • Test Questions (PDF) and out best answers below (no guarantee: corrections in comments welcome)
  • Documents for legal presence (web page)
  • Motor vehicle safety (web page)

Driver's Test Answers

Click to show/hide our answers. No cheating!

January 30, 2014

State of Hawaii vs. County of Kauaʻi

Following close on the heels of the legal suit over Kauaiʻs Ordinance 960 (formerly Bill 2491), two bills have been introduced at the state level - House Bill 2506 and Senate Bill 3058 - that would have that “No law, ordinance, or resolution of any unit of local government shall be enacted that abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production, and ranching practices ..."
Update: This very same language is in another piece of legislation as Senate Bill 110 and not adopted in committee (4 Feb 2014).
They might as well just have stated clearly: we don't trust counties to have the sense to have a say about how farms and ranches operate on their own islands.

Local law is already very much subject to override by state which is in turn subordinate to federal law (as I wrote about previously including the less well known legal principle called Dillonʻs rule which further limits the purvey local government to only those subjects they are explicitly empowered to legislate). That some state legislators feel compelled to specifically forbid local ordinances in the realm of agriculture can only be interpreted as a simple lack of trust.

According to a recent editorial in The Garden Island - and it may be a first for the latest Oahu-controlled incarnation of that periodical that I agree with this one - two local Kauai representatives in the state legislature are the ones introducing this legislation: Rep. Dee Morikawa (D-Koloa-Niihau) and Rep. James Tokioka (D-Koloa-Wailua). They seem to see their vital role at the state level as being about blocking our county council from bothering to get involved with things agricultural on the island.

The hubris of disempowering local government in perpetuity is astounding in itself, much less on the heels of the dramatic events on Kauai over the past several months that if anything clearly demonstrate how vital these issues are for so many folks here. Since the state level status quo - understaffed, minimal regulation and a voluntary program concocted in the eleventh hour ahead of Kauai 960 (2491) - is quite favorable to the big corporations, one has to assume that in writing off the anti-GMO crowd these representatives owe a heavy allegiance to the other side.

However, I donʻt want to underestimate the subtlety of the issues nor the intricacies of the power plays. Over at Kauai Eclectic, Joan raises some good questions about how fit Kauai is to self-govern. I would agree that the debate here - 2491 being just one prominent example - was less than statesman-like and that rational, well reasoned opinion was in very short supply.

So I would say that yes, Kauai has a lot of room for improvement, but then I would also say that at the state and federal levels - even at the UN - government could do a much better job as well. Be that as it may, local government certainly has a vital role to play here and I would need a lot better argument than “It’s a right to farm bill,” before we irrevocably disempower the counties. In the end inclusive government that respects locale must be the best system: suppressing local control always amounts to suppression of the weaker county by the more powerful state, and that just isnʻt democratic, or even moral.

I have seen it reported that these bills are not expected to get very far and the threat of passing appears small now, but that Kauai's own representatives are doing these maneuvers in the first place is unsettling, and of course, predicting the future of legislation is hardly reliable.

January 27, 2014

Vehicle Registration

This week is full of the administrivia of relocation so the blog will be bureaucratic to match. I am usually good at finding answers on the web, but some of these procedures were difficult to get good information about so I am writing this up in hopes others will find it useful.
Generally speaking, Honolulu has excellent web resources for Hawaii state procedures for citizens but Kauai, not so much.

We shipped a car from the mainland to Kauai earlier this month and today we registered it with the state of Hawaii. You have thirty days to do this -- I don't know what the penalty is, but you should just do it.
Insurance note: you may have to change insurance agents moving here. Our insurance company does not insure here so we had to switch companies. It's probably best to have the new coverage before registering the car.
Here's the process in a nutshell, then some details. (If you buy a car on the island the dealer should take care of registration: the following is for registering your own car shipped over from the mainland.)
  1. Get the necessary paperwork from the shipper
  2. Get insurance if necessary (our insurance company would not cover the car in Hawaii)
  3. Go get a "failed" safety inspection
  4. Go to the vehicle registration office
  5. Go back to the safety inspection place
Step 1. When your car arrives on Kauai and you pick it up the shipper will give you a Bill of Lading and a receipt showing the date the car arrived - you will need both of these to register the car within thirty days.

Step 2. Find a gas station or auto service shop that does Hawaii state vehicle safety inspections (call ahead, some require appointments). Show them the registration and proof of insurance. Pay about $20 and they give you a "failed" inspection slip to take to get the car registered: you will have to bring that back to them later on.

You will see "Safety Inspection" signs displayed at such places. If you want to do the whole process in one day, a shop near the Lihue Civic Center is convenient as you need to go twice. You may want to use a shop near where you will be living as your regular repair service. If it is far from Lihue you can do this in two steps on separate days, but you must complete Step 4 within fifteen days of Step 2.

Step 3. Take all those documents (existing out-of-state registration, proof of insurance, "failed" inspection) as well as the vehicle title and a checkbook to the vehicle licensing office and get in line.

Kauai vehicle licensing office is in the Lihue Civic Center (4444 Rice St., Lihue, HI). There are two large buildings with various government offices, but no handy map so it's hard to find the place except by asking or trial and error. The office is on the north side of the building closest to the highway, accessed from doors between the two large buildings that comprise the civic center. GPS coordinates
21° 58.578', -159° 22.152'.

The very kind lady at the counter took everything and filled out forms and I wrote a small check and she handed us new Hawaii plates with tabs, a new vehicle title, and a new vehicle registration. The registration and proof of insurance go in the car; the title in a separate place, not in the car.

Step 4. Back at the safety inspection shop, hand them the "failed" slip along with the new registration and proof of insurance. They do their thing and give you a safety inspection sticker good for one year. You also get a document for the inspection as well that you will need to provide to an officer if stopped, so that goes along with the registration and insurance papers. They also removed our old license plates and put on the new ones (though I don't think they have to, but it helped us out because our tools are in transit with the move just now).

We drove away with shiny new Hawaii license plates. Since we had just renewed our old registration, we did not have to pay the state of Hawaii registration until that registration expires, though we did pay a fee for the change. This does have an unusual result: the safety inspection is good for one year, but the license renewal is due in about ten months. For simplicity at renewal we will probably just get the next safety inspection early so it matches the registration one year cycle. The state sends a reminder to renew registration but not the safety inspection so if they expire at different times you are on your own.

It sounds complicated and it was the first time, but we did Steps 2 and 3 and 4 all in less than an hour (using a shop just a couple miles away from the Civic Center). Everybody from the shipper to auto shop to registration lady were very helpful and patient which made it all go smoothly. Mahalo!

November 16, 2013

Bill 2491 becomes law

Bill No. 2491, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND THE KAUA’I COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE 22 TO CHAPTER 22, RELATING TO PESTICIDES AND GENETICALLY MODIFIED ORGANISMS (Laid on Table 11/07/2013)
The Kauaʻi County Council today voted to override the mayor's veto of Bill 2491 - 5 to 2 - in another dramatic turn of events in the GMO struggle unfolding on the island.

Five votes were needed to override the veto, and up until yesterday the council stood at six members, but just yesterday Mason Chock was appointed to fill the vacancy and it turns out that he cast the deciding vote. After voting for the bill last month, Nadine Nakamura resigned from the council to become the mayor's managing director, removing one likely override vote from contention.

After having signaled that they would vote on the override one member short, the council on Thursday they voted to table the veto override vote; on Friday they appointed Mason Chock to the council; then on Saturday they overrode the veto.

Meanwhile, spurred by all the 2491 hubbub, earlier this week at the state level there was an announcement of a new "good neighbor" program (PDF) consisting of entirely voluntary notification, reporting, and the establishment of buffer zones.

The county has nine months to prepare to implement the new law and there are sure to be many twists and turns between now and then.

Links:



November 1, 2013

Kauaʻi Bill 2491 vetoed

After taking the maximum time allowed the mayor vetoed Kauaʻi Bill 2491 (PDF link) yesterday in a move that surprised many, releasing a 76 page report detailing the decision (PDF link) containing the mayorʻs statement for release, the transmittal from the council to the mayor upon passage of the bill, and the until now secret legal opinion on the bill from the county attorneyʻs office.

“I have always said I agree with the intent of this bill to provide for pesticide use disclosure, create meaningful buffer zones and conduct a study on the health and environmental issues relating to pesticide use on Kaua‘i,” stated the Mayor. “However, I believe strongly that this bill is legally flawed. That being the case, I had no choice but to veto.”
I am hardly qualified to assess the legal opinion but regardless of those details what I would very much like to understand is how the process broke down here. Specifically, since the bill was introduced four months ago (June 26) and from the beginning was clearly a major public issue for the county, why didn't the county attorney, the mayor, and the council work together to draft something that met the technical legal requirements of the intended goals which the mayor says he supports?

The council worked with attorneys as well as the mayor throughout the process so the possibilities seem to be:

  1. The council was never advised how they might fix the supposed legal flaws.
  2. The council was advised but refused to accept suggested changes for legal purposes.
  3. It is impossible to achieve the goals of Bill 2491 at the county level.
The county attorney opinion consists of four sections - an Introduction, Legal Issues, Specific Challenges, and a short Conclusion. Why is there no Suggested Amendments section? Just as one example, there is an issue related to the bill assigning enforcement responsibility to the Office of Economic Development: surely the opinion could have recommended to the council a more suitable department to handle implementation.



The legal opinion released is stamped as confidential: what are the consequences of publicizing the opinion?


  1. Does this effectively subvert the council overriding the veto because now the county is in a much compromised position should it enact the bill, having disclosed all the potential flaws and anticipated legal attacks it fears?
  2. Did the mayor unilaterally leak the confidential document to support his veto, or consult with if not get approval of the county attorney and/or county council (who had already decided against disclosure)?
The mayor concludes: “I would like to state that, despite this veto, I absolutely believe that the spirit of 2491 will be implemented on Kauai in accordance with applicable federal, state and county laws and regulations,” he wrote to the council. “It would be my preference to achieve the goal through cooperation and understanding, instead of through adversarial legal action.” Isn't a veto adversarial?

See Kauaʻi Eclectic blog coverage of the veto and the response for more details.

Given the mayor's statement of agreement with intent I have to conclude that either county government is either incompetent to write legislation, so encumbered by state and federal law as to be completely disempowered, or both. Kauaʻi seems to have a record for bungling popularly supported initiatives and getting into legal hot water, possibly causing more damage than good. Another example would be management of vacation rentals (Transient Vacation Rental) as documented in the Abuse Chronicles also at Kauaʻi Eclectic which I believe has been through three iterations becoming increasingly dysfunctional.

I believe we have some good people on the council so is the problem that the system itself is broken, too many layers, too risk averse, with too much complexity?

October 21, 2013

www.kauai.gov is down

The Kaua'i county web site appears to be completely down tonight.
No idea if they are even aware and without the site I don't know who to notify.

UPDATE: The site now back up as of the following morning. No word of what happened that I can find.

http://www.kauai.gov/ says,

We're sorry. The Web address you entered is not a functioning page on our site.

>> Go to Kauai County's Home Page <<
(which then links to the same broken page from "Home" as well)

Try an URL like http://www.kauai.gov/oops and you get,


DotNetNuke Configuration Error
Domain Name "[DOMAINNAME]" Does Not Exist In The Database 

DotNetNuke supports multiple portals from a single database/codebase. It accomplishes this by converting the URL of the client browser Request to a valid PortalID in the Portals database table. The following steps describe the process: (followed by lots of internal technical instructions)

Kaua'i Civil Defense web site is down as well: www.kauai.gov/civildefense/‎
I was just thinking recently how antiquated it is that civil defense response to emergencies is still broadcast on radio and TV. This isn't idle speculation: I do not own a radio anymore and the TV will only be used for digital, Blu-Ray, and DVD, so I won't be able to tune in unless I buy a radio. I was hoping they would provide information on the web but with service like this maybe that isn't a good idea after all.

October 16, 2013

Kauai Bill 2491 passes

The bill passed in the middle of the night, earlier today after a marathon special council session. The controversy will undoubtedly continue, there may be lawsuits, enforcement issues, and so forth, but at least we should get some information disclosure and perhaps that will enable some clarity and transparency that seems much needed.

The video is quite instructive (I watched the last 45 minutes, see link below) as the long night meeting in the end brought out the very human side of the process. Following 17:55 there is a distinct turning point when the patience of many in the room suddenly runs thin, order is firmly but gently restored by the chair, and from that point there is a momentum to wrap up with thank-you's and move to a vote.

First off what's striking is how gut-wrenchingly emotional this entire process is. I have to say that objectively looking at this bill it requires what appears to be quite routine county oversight of five businesses yet the tone of the room is as if World War Three is hanging in the balance.

Overhanging the whole thing is a county attorney opinion about the bill that the council has chosen not to make public. As a result, there are references in the proceedings to unspecified legal concerns that they are unable to discuss publicly. It's difficult to have useful public debate when there are important concerns held in secret as part of the process. Why these legal issues were not mitigated through the amendment process I have no idea.

Another unfortunate circumstance surrounding the bill is that in theory the state of Hawaii should already have responsibility for this matter but in fact has been doing so little for so many years that the county was forced to take this on itself if anything was to be done at all. Yet for the county to act within the purview of state responsibility appears to require a Memorandum of Understanding. Whether the bill or the MOU comes first seems to be a bit of a chicken-and-egg problem but since the mayor has already started dialog with the state - and was urging delay as those discussions seem to take considerable time. With this bill in the works now for many months I would think a MOU could have been forged long ago, or perhaps an MOU of intent to produce an MOU. Again, this is all part of an opaque process so I won't speculate beyond remarking how clear-as-mud the whole thing is.

With the bill now destined to become county law (the mayor has pledged not to veto it) no doubt the county, the state, and of course the affected big ag companies here will doubtless be having many strategy meetings. By no means does passage mean the Bill 2491 story is over!

Coincidentally in Washington DC it seems that also after a lot of emotion the Congress finally agreed to fund the government and restore federal services that have been shutdown over their wrangling. This may be a week for reconciliation.

More details:

  • Special Council Meeting video can be found here: click the County Council section look for Special Council Meeting, 10/15/13, 18h 37m; click on Video link there.
  • Joan Conrow
  • Andy Parx
  • The Garden Island

October 14, 2013

Dr. Pang on GMO in Kaua'i

Today I learned about Dr. Pang, watched his recent testimony on Kaua'i about Bill 2491 and GMO, and found it compelling. While 100% of what he says may not be perfect, this overall message is the best thought out and well reasoned I have yet to seen by far. It's must-see (linked above) if you care about this issue.

Dr. Pang makes a number of excellent points that I won't attempt to condense and summarize here - he is the expert and speaks for himself most capably.

Speaking for myself, not an expert, my key takeaway that I found convincing is his appeal to disclosure: the first thing that we must do is to get the companies doing this work to log and report on their activities. The reasoning is quite straightforward: without solid information it's impossible to do any kind of scientific investigation at all. Only when we have actual data can we begin to look into claims of harm as well as exonerate the same activities from culpability. Absent reliable data, everything remains unclear, nothing can be proven one way or the other. (Again, this just touches on one part of he presentation and following Q&A in the video, but it's such a fundamental point I think it's worth focus.)

He anticipates and counters a number of obvious possible objections, but the bottom line here is even if it is imperfect data, even if the county cannot rigorously enforce accurate and full disclosure, collection of data enables science going forward. We can improve on data quality and quantity, compliance over time but the longer we delay we lose the opportunity to gather data at all in the present. Surely any responsible business already has all of this data and more internally. To the degree details are confidential the county should be trustworthy to keep it private, or only publish digests to interested parties such as researchers that would not reveal proprietary business intelligence inappropriately. Providing data about operations to the county cannot be a major expense at the scale these companies operate, nor is it at all a threat to their business.

Also the analogy Dr. Pang draws to sugar cane burning oversight on Maui seemed relevant and promising. Companies are obliged to log and report whenever they plan to burn cane fields, an essential part of the growing cycle for sugar cane. They provide the county details such as location, area, wind conditions before and after, and so forth. The county in turn can not establish buffer zones or warn citizens as appropriate given the information. Relating this back to GMO and Bill 2491, Dr. Pang aptly noted that ideally the county should get disclosure first and based on that information it could better set effective buffer zones rather than pre-establish buffers in the bill itself; however, he concurred that if the situation was deemed urgent then early setting of buffers arbitrarily was reasonable.

Additionally, Dr. Pang recommended (which Bill 2491 does not do) getting disclosure of the specific GMO mutations being released into the environment. This makes good sense as basic data gathering practice. There was confusion in Q&A, but I believe what this means is disclosure of the type of GMO product (for example, in the case of corn, is it herbicide-resistant or insecticide-producing).

We will see if touching on this topic leads to vociferous responses in the comments: I welcome input so long as it is respectful and backed by evidence cited (see below for my part; naturally, Dr. Pang backs up his statements with citations himself). Should anyone reading this disagree with my takeaway, I would invite them to comment, and only ask for a specific response ("disclosure" below means per Sec. 22-22.4 of Kauai County Bill 2491). Here are a few points I would like to see anybody's best rebuttal:

  1. How would reasonable disclosure make the situation significantly worse?
  2. If required disclosure is onerous to business, exactly how, and what are the major costs and impacts incurred?
  3. Without real data from required disclosure, how can government or independent researchers possibly study the impact of GMO on west Kaua'i communities at all?

Background info: