West Hawaii Today - Opinion > Letters - Your Voice > Helco responds

West Hawaii Today - Opinion > Letters - Your Voice > Helco responds

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Speed Humps on Ahikawa all placed within 2 blocks? None on Ahulani!

Dear Warren Lee,
We are all a little concerned about Gary Polhumus's speed bumps on Ahikawa.
There is in fact a need for speed bumps but not 7 in a one to two block radis. It should be evenly placed up and down Both Ahikawa and Ahulani.

You have now created a SPEED FREEWAY ON AHULANI with the speed humps on only Ahikawa. Don't you have a quailifed Engineer on Board?

We are still waiting for Holu Street (middle connector road from Coastview to Palisades) to open. It has been years. We understand the Judge has made a final ruling and it is OK to open this road. So now what are we waiting for?????

Please respond back to the people of Kona Coastview/ Wonderview and let us know what is happening. I can post your response on my blog so all can track it. http://hawaiicountyissues.blogspot.com
This letter will be forwarded on to more of the home owners on another listing.

Thank you for your prompt response.
Mrs. Susan McGeachy
mcgeachy@hawaii.rr.com
808-989-4182

==================================
From: Lee, Warren [mailto:wlee@co.hawaii.hi.us]


Sent: Tuesday, December 15, 2009 12:55 PM

To: mcgeachy@hawaii.rr.com

Subject: response to your email





Susan..in response to your email below.

1. yes, the county of Hawaii, department of public works has qualified engineers on board.

2. the court order becomes final 30 days after the ruling. so the plan is to remove the barricade soon after January 9, 2010.
..take care. warren lee, director, public works

====================================================
Dear Warren,


So what about the speed bumps/ humps???
Here are a few responses from my neighbors.
Susan
===============================

Hi Susan!

Thanks for bringing this to the attention of a lot of people. I, too, wondered why all the bumps were in one place! I live on Ahikawa, just downhill from the Kiekie intersection, and people hit this intersection and then seem to fly into the air at super speeds…..it’s like watching a ski jump!!! The 25 MPH speed signs on either side of this intersection do not seem to make a bit of difference.
Keep up the good work on behalf of our community! I value your concern and efforts.
Merry Christmas and take good care!
Carolyn Newman

===============================

Thanks again Susan, I just talked with Vicki who came by with a petition for bumps. You and I are on the same page, why so many?

I told Vicki "NO" on bumps they spill everything in my truck and drive me NUTS, just shoot the offenders with paintballs and don't punish everyone else

Tom Pyne
===============================
Susan,

Thank you for doing this! Also it should be mentioned that KieKie has become a race track, garbage dump, etc since being the only road open to Palisades. I unfortunately live on this road and it has gotten horrible. Beside the fact that the corner of Ahikawa and KieKie is a death trap. It is next to impossible to see the cars that are heading up the hill and I have almost been hit a number of times by people speeding up the road.

Please let me know if there is anything that I can do to help expedite the opening of the other roads.
Thanks again,
Sue Hams
==============================
Susan..the objective of the speed humps are to slow down vehicles before they hit the humps. hopefully, the speeders will soon realize this and make the road a safer place for the public and themselves.
as to why 7 humps were located in the particular location, I will have the traffic engineer respond.
..warren.

================================
Aloha


I would like to add to the conversation here and would like to know why all the cross streets between the top of Ahikawa and the bottom have not been opened up to Kaiminani, if we had a true engineer on this project this option would have been done first. This would reduce the amount of traffic on both Ahikawa, Ahulani and Kei Kei, (where I live and has become a supper highway since being opened up to Palisades) it would distribute the traffic evenly and almost eliminate the need for these speed bumps. It seems that once again they are reacting to the few and ignoring the many. Again I am not against speed bumps if they do more than move the problem to someone elses street.

Please forward this to all so we can get some real fedback from all concerned
Aloha
Mark Hams
============================================

Tell The PUC that we Don't want HELCO to get a 6% Raise

Dear Hawaii Public Utilities Commission,


We understand HELCO on the Big Island is requesting a 6% increase.

This is unacceptable as we have 1/3 of the island that is currently operating on renewable energy, (Geo thermal, Solar, and wind).

The price for a barrel of Oil is under $70.00 (The lowest in years).

1. Why are we not buying the renewable energy at the price they pay for it?

2. Why are we paying as if they shipping all of the oil here in tankers.

3. What can we do?

Please HELP the people of Hawaii and stop this increase. We are already hurting and the population is leaving the island. We feel it every day due to the economy and no JOBS>

Please respond back to me as you final outcome so we can post it http://hawaiicountyissues.blogspot.com or 808-989-4182

Thank you for your prompt attention regarding this very important matter.

Susan McGeachy
Kailua Kona since 1988
mcgeachy@hawaii.rr.com

West Hawaii Today - Local > HELCO looks to raise power rates 6%#blogcomments

West Hawaii Today - Local > HELCO looks to raise power rates 6%#blogcomments

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" It is now less then $70.00 per barrel of oil why are we continuely get ripped off by HELCO. Now they want another increase.



OK people now we need your help. There is power in numbers so call, call, call....


Tell everyone you know to contact the PUC (Public Utilities Commision) and tell them NO rate increase. Protect the people from this RIP OFF.


CALL THE PUC NOW: 808-586-2020 or email your complaint hawaii.puc@hawaii.gov "


Susan

Rep. Denny Coffman recommends this Workshop on HOW TO LEGISLATE.

This article is from West Hawaii Today 12/8/09

This is an excellent workshop for those interested in the legislative process and how laws are made and how to become involved. I recommend this. Denny,


Workshop offered on how to use legislative process
by Kim Eaton
West Hawaii Today
keaton@westhawaiitoday.com

Tuesday, December 8, 2009 8:44 AM HST

Big Island residents will have an opportunity to learn how they can contribute to the legislative process over the next two weeks.

During a series of free workshops entitled "We the Powerful," community members will learn different ways they can submit testimony from home, receive an overview of the legislative process and discover who the major players are at the Capitol, what they do and why.

The workshops are designed to provide neighbor island residents with the resources needed to participate in government processes from home, said Suzanne Marinelli, public access coordinator.

"People are so frustrated with a sense of powerlessness," she said. "But the Legislature needs citizens' input. The citizens are the authorities of what works and what doesn't work in their lives. We're trying to give (the citizens) better tools on how to communicate that information to the Legislature."

Conducted by the Public Access Room, a division of the state's nonpartisan Legislative Reference Bureau, the workshops will provide assistance in writing and delivering effective testimony either in person or via the Internet, help make sense of the latest innovations that can be found on the Legislature's Web site and understand the deadlines.

Last year, the Public Access Room conducted 23 neighbor island workshops with as few as one person to as many as 35 people in attendance, Marinelli said.

"Typically, the people who come are ones who have been involved in the government some way and just need some additional tools and resources," she said.

The 90-minute workshop includes a PowerPoint presentation, some handouts and a question-and-answer session. Marinelli encouraged people to ask questions as they come up, so the questions are not forgotten.

While the goal is to impart an understanding of how community members can be more involved in the legislative process, Marinelli said they "never, ever, ever empower anybody."

"The power was the citizens all along," she said. "The people just need to know how to use that power effectively."
________________________________________

Public Access Room workshop schedule
5:30 p.m. Thursday at Honokaa Public Library
6 p.m. Monday at Naalehu School cafeteria
5:30 p.m. Dec. 15 at Hilo Public Library
5:30 p.m. Dec. 16 at Kailua-Kona Liquor Control conference room
For more information, call 974-4000, ext. 70478.

The Girl that Silenced the World- 5 minutes well spent

http://media.causes.com/510213?p_id=18565257  One incredible teenage has words of wisdom.
I Love this message.

Kona Town Meeting with Mayor Billy Kenoi Tue. Night.

(Media release) — What about the County Budget next year? Will property taxes have to be raised? Will there be transfer station disposal fees? Everyone is looking for answers about what next year will be like.


Mayor Billy Kenoi and staff will explain how they plan to deal with the difficult economy at a Kona Town Meeting 6-8 p.m., Tuesday, Dec. 8, 2009 at the Makaeo Pavilion at the old Kona airport.

Residents are welcome to attend to adress questions directly to the mayor and his staff. If you would like the moderator to ask your questions, please e-mail them to comments@konatownmeeting.org.

Kona Town Meetings are presented by Community Enterprises, a non-partisan, non-profit organization, to provide vital information on community concerns to Kona citizens and co-sponsored by the County of Hawaii Department of Research and Development. Light refreshments will be served. For more information, contact Fred Housel at (808) 331-8602.

Aaron Stene responds to Stop the Development Letter to Editor

I do not believe that stopping all new development is the answer for fixing West Hawaii's infrastructure crisis. Tourism, construction, and real estate is our economic bread and butter. These three industries have been hard hit by the ongoing economic crisis. Thus, the state and county do not have enough funds to improve our woeful infrastructure.


There is some possible win/win solutions that would help alleviate this issue without harming our economy. For starters, the county needs to hold these developers more accountable to help mitigate the impact from their projects. This won't be popular with the developers. However it's a much better option than imposing a full-blown moratorium on all new developments.

The county needs to be held accountable for their actions as well. It boggles my mind how the county pushed the mid level road through all the bureaucratic hoops while other projects like the Mamalahoa

(Hokuli'a) bypass, La'aloa Street Extension, Lako Street Extension, Ali'i Parkway, and the Lalamilo Connector Road are stalled.

I would bet if all these roadway projects were completed there would be less outcry against the supposedly evil developers. Thus, the residents of West Hawaii need to step up to the plate and light a fire under the county to get these roads built.

I would like to hear some feedback regarding my thoughts about this issue. Please feel free to either visit my blog http://thekonablog.wordpress.com/ or e-mail me at aaron@hawaiiantel.net

Aaron Stene
Kailua-Kona

West Hawaii Today - Opinion > Letters - Your Voice > Develoment

West Hawaii Today - Opinion > Letters - Your Voice > Develoment

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County Council District 5 meet Loren Baker

Aloha. My name is Loren Baker, and I am currently campaigning for a seat on the Hawaii County Council, District 5.

I feel that it is time for Puna to have leadership with integrity and common sense. With forty plus years owning and managing businesses, I have learned that cooperation and teamwork accomplish far greater things than dissent and bickering. This has lead me to seek this path, to help bring Puna to a higher level of respect in this State. We have serious issues at hand, including lack of employment, infrastructure, and roads. Another ignored area which needs improvement is the rampant illegal and careless dumping of waste and cars.

I know that working together, we can make Puna a safe, happy, and healthy place in which to raise a family.

I am the L. Baker who has written to the Editorail page at the Hawaii Tribune-Herald regarding our Councilwoman Ms. Naeole on numerous occasions.


I have decided to seek a nomination for the County Council in District 5 for 2010.My web site is baker4puna.com

Any comments, suggestions, or help of any kind would be highly appreciated.

You may send me an E-mail.
Loren Baker

Great time to Buy Real Estate on the Big Island

I have had a Real Estate Liscense since 2000 here in Kailua Kona, Hawaii. Never have I seen the prices this low. If you are looking for property please call me 808-989-4182 and take a look at what is on the market.
http://www.mcgeachysells.com/  or mcgeachysells@yahoo.com

Susan McGeachy
Realtor (s) Realty Executives Hawaii Brokers, Inc.
808-989-4182

My Mother (Florence Cohn) and the Pleasure of Giving

The Pleasure of Giving:

Claremont resident Florence Cohn, continues her annual acts of kindness.
Perched on top of a desk layered with paper-clipped contracts
and canary-yellow writing pads, is an unframed photograph
of an infant Navajo boy, keenly pushing a shiny
fire-truck across what appears to be a makeshift floor.

“Isn’t that the cutest toy you’ve ever seen?”
asks Claremont resident Florence
Cohn, smiling broadly.
A cursory glance around the office of
the 84-year-old real estate agent reveals
a dozen or so similar images of beaming
children—opening gifts, eyes glowing
brightly.

This December will mark the 17th
consecutive year that Ms. Cohn has embarked
on the day-long drive to Kayenta,
Arizona, to present toys to hundreds of
needy Navajo children. For several
weeks in advance, she stockpiles bicycles,
skateboards, boxed toys, and clothes
in her garage, before loading up a cargo
trailer and heading east with her team of
volunteers.

“The Claremont community is involved
every year,” she said, describing
the many local residents and businesses
who donate to her cause. “Sometimes I’ll
return home from work to find four bikes
sitting in my driveway.”

Ms. Cohn first discovered the need
within the Kayenta reservation while visiting
her geodesic vacation home in the
south-western region of Colorado. The
township, situated directly south of Monument
Valley, is home to just over 1,000
Native American families of Navajo
tribes.

For the next eight years, Ms. Cohn
worked directly with the nearby Hopis—
but eventually discovered that the Navajos
were even needier. “These kids are
poorer than anywhere else in the country,”
she said, “and they want toys just
like any other children their age.”
Each December, the residents of
Kayenta come together to host a big celebration
at the township’s recreation center,
putting together an enormous holiday
feast. As welcomed guests, Ms. Cohn and
her volunteers are awarded free accommodation
at the local Hampton Inn, and
area police officers contribute by transporting
as many as 600 Navajo children
from all corners of the 5,000-acre reservation.

“Every visit brings new experiences,”
said Ms. Cohn. “On our last trip I was
able to meet and talk with a Native American
man who was a code talker during
World War II.”
And the events are reciprocal. Earlier
this year, several Kayenta families made
their first journey to Claremont to participate
in the annual 4th of July parade.

They set up tents in Ms. Cohn’s front
yard and were welcomed into the neighborhood
with open arms.

Although still healthy and active
within the community, Ms. Cohn sees
herself passing on the torch to likeminded
individuals within the next few
years. She hopes to write a book entitled
The Pleasure of Giving, documenting
her adventurous and serendipitous life.
“Amazing things happen to me all the
time,” she said, glancing at the image of
a Navajo baby in a papoose. “The more
you help others, the more it comes back.”
Donations of toys and children’s
clothes are welcomed up to December
15th and can be made at 21 Choices,
local elementary schools, or by contacting
Ms. Cohn directly at 909-624-4505.

—Simon Lee- Claremont Courier, Claremont, California

Turkey on the BBQ for Thanksgiving!

Bananas the Perfect food! Who knew!

Bananas

A professor at CCNY for a physiological psych class told his class about bananas. He said the expression "going bananas" is from the effects of bananas on the brain.. Read on:

Never, put your banana in the refrigerator!!!

This is interesting. After reading this, you'll never look at a banana in the same way again.

Bananas contain three natural sugars - sucrose, fructose and glucose combined with fiber. A banana gives an instant, sustained and substantial boost of energy.

Research has proven that just two bananas provide enough energy for a strenuous 90-minute workout. No wonder the banana is the number one fruit with the world's leading athletes.

But energy isn't the only way a banana can help us keep fit. It can also help overcome or prevent a substantial number of illnesses and conditions, making it a must to add to our daily diet.

Depression: According to a recent survey undertaken by MIND amongst people suffering from depression, many felt much better after eating a banana. This is because bananas contain tryptophan, a type of protein that the body converts into serotonin, known to make you relax, improve your mood and generally make you feel happier.

PMS: Forget the pills - eat a banana. The vitamin B6 it contains regulates blood glucose levels, which can affect your mood.

Anemia : High in iron, bananas can stimulate the production of hemoglobin in the blood and so helps in cases of anemia.

Blood Pressure: This unique tropical fruit is extremely high in potassium yet low in salt, making it perfect to beat blood pressure. So much so, the US Food and Drug Administration has just allowed the banana industry to make official claims for the fruit's ability to reduce the risk of blood pressure and stroke.

Brain Power: 200 students at a Twickenham (Middlesex) school ( England ) were helped through their exams this year by eating bananas at breakfast, break, and lunch in a bid to boost their brain power. Research has shown that the potassium-packed fruit can assist learning by making pupils more alert.

Constipation: High in fiber, including bananas in the diet can help restore normal bowel action, helping to overcome the problem without resorting to laxatives.

Hangovers: One of the quickest ways of curing a hangover is to make a banana milkshake, sweetened with honey. The banana calms the stomach and, with the help of the honey, builds up depleted blood sugar levels, while the milk soothes and re-hydrates your system.

Heartburn: Bananas have a natural antacid effect in the body, so if you suffer from heartburn, try eating a banana for soothing relief.

Morning Sickness: Snacking on bananas between meals helps to keep blood sugar levels up and avoid morning sickness

Mosquito bites: Before reaching for the insect bite cream, try rubbing the affected area with the inside of a banana skin. Many people find it amazingly successful at reducing swelling and irritation.

Nerves: Bananas are high in B vitamins that help calm the nervous system.

Overweight and at work? Studies at the Institute of Psychology in Austria found pressure at work leads to gorging on comfort food like chocolate and chips. Looking at 5,000 hospital patients, researchers found the most obese were more likely to be in high-pressure jobs. The report concluded that, to avoid panic-induced food cravings, we need to control our blood sugar levels by snacking on high carbohydrate foods every two hours to keep levels steady.

Ulcers: The banana is used as the dietary food against intestinal disorders because of its soft texture and smoothness. It is the only raw fruit that can be eaten without distress in over-chronicler cases. It also neutralizes over-acidity and reduces irritation by coating the lining of the stomach.

Temperature control: Many other cultures see bananas as a "cooling" fruit that can lower both the physical and emotional temperature of expectant mothers. In Thailand , for example, pregnant women eat bananas to ensure their baby is born with a cool temperature.

Seasonal Affective Disorder (SAD): Bananas can help SAD sufferers because they contain the natural mood enhancer tryptophan.

Smoking &Tobacco Use: Bananas can also help people trying to give up smoking. The B6, B12 they contain, as well as the potassium and magnesium found in them, help the body recover from the effects of nicotine withdrawal.

Stress: Potassium is a vital mineral, which helps normalize the heartbeat, sends oxygen to the brain and regulates your body's water balance.. When we are stressed, our metabolic rate rises, thereby reducing our potassium levels. These can be rebalanced with the help of a high-potassium banana snack.

Strokes: According to research in The New England Journal of Medicine, eating bananas as part of a regular diet can cut the risk of death by strokes by as much as 40%!

Warts: Those keen on natural alternatives swear that if you want to kill off a wart, take a piece of banana skin and place it on the wart, with the yellow side out. Carefully hold the skin in place with a plaster or surgical tape!

So, a banana really is a natural remedy for many ills.. When you compare it to an apple, it has four times the protein, twice the carbohydrate, three times the phosphorus, five times the vitamin A and iron, and twice the other vitamins and minerals. It is also rich in potassium and is one of the best value foods around So maybe its time to change that well-known phrase so that we say, "A banana a day keeps the doctor away!"

PASS IT ON TO YOUR FRIENDS

PS: Bananas must be the reason monkeys are so happy all the time! I will add one here; want a quick shine on our shoes?? Take the INSIDE of the banana skin, and rub directly on the shoe...polish with dry cloth.. Amazing fruit !!!

Kona Coastview/ Kona Palisades Roads WAITING for Judge Ibarra

The connector road from Keo Keo St. in Kona Palisades and Holu St. in Kona Coastview is under litagation.

The County of Hawaii verses Matsumoto Case  condemnation  #3CC06141K

You can contact the Judge and ask What the hold up is at 322-5910.

The agreement was once the upper and lower roads have been opened that the middle road Keo Keo/ Holu would be opened.
Please contact the Judge and let them know we are all waiting. Thank you Aaron Stene for the information.
Susan

Kona Coastview/ Palisades connector Roads

The County is actually acquiring ownership of the roads. There are 4 connector roads between Palisades and Coastview/Wonderview. These roads are:
1) Nana/Holoholo – opened
2) Kiekie/Iliili – opened
3) Keokeo/Holu – pending condemnation litigation
4) Ahiahi/Kauhale – pending quiet title action, the County has yet to take
action as no road is built from the Coastview side.

For the first three, the roads were already built, so it was a mater of getting control and taking down the barriers. We are hoping to have Judge Ibarra rule in our favor or settle with the residents for roadway improvements, but 2 of the 4 proposed connections are now open.”
Aaron Stene
-------------------------------------------------------------------------------------------
Once the speed humps (Gary Polhamus rallied for)  (pink marks are already on the road where the speed humps are going to be installed.) are put in on Ahikawa and Ahulani we will NEED the middle road  Keo Keo/ Holu to be opened. The road is COMPLETE. You would think for the greater good and traffic flow they would open it.


Do you know what Judge Ibarra is waiting for? Please I urge everyone to call the court house (322-5910) and ask the Judge what is the hold up. Perhaps public pressure will move the process along. All of the people that use these streets in Kona Coastview, Kona Highlands, Kona Wonderview, and all subdivisions north of Palisades are WAITING!
Susan

Who pays the Most Taxes in Hawaii County?

Property Taxes for Hawaii County
Revenues from:

North Hilo: 192 thousand
Hamakua: 424 thousand
Kau: 795 thousand
North Kohala: 863 thousand
South Kona: 1 million
Puna: 3.6 million
South Hilo: 3.9 million
South Kohala 5.8 million
NORTH KONA: 10 MILLION "

Council Meetings in Kona- #267 Testify Now.

Urgent- please forward:


Council meetings 4x per year in Kona- Resolution 267-09 aims to reduce council meetings in Kona to once every 4 months, because the cost is $7,165.00 each time the council meets in Kona. Introduced by Donald Ikeda. I am assuming that this is the cost of staff and council members' travel and lodging and room rental at the Sheraton. (It would be interesting to hear the exact average expenses). Remember the West Hawaii Civic Center should be completed at the end of 2010, so we will have a place for council meetings, which will reduce the expense of the room rental. At best, this is a stop/gap measure.

If you want to testify in person, the Council meeting is in Hilo still at the Ben Franklin Building or you can testify at the Kona council office and the Waimea office at 9:00 am.

What's really at issue here?

1- If you believe that our elected officials represent us- THE PEOPLE, (and that's how I see the job of a council member), how can Hilo side council members really understand west side problems if they don't come over here?

2- Are we really talking about money? Council meetings are in Kona 12 times per year and Hilo 12 times per year. If each Kona meeting costs $7,165. per meeting, this means the cost to be fairly represented on both sides of the island is a whopping $85,980.00 per year? Is this what equal representation costs? Now we have a price tag on the VALUE of equal representation. Mahalo Mr. Ikeda!!

3- in the county's estimated budget for 2009-2010 the revenues are estimated to be $317,474,000.00 for this year. A mere $85,908.00 is .00027% of the budget revenues. The estimated revenues for next year (2010 to 2100) are estimated to be $328,440,000.00 that is .00026% of the budget. Here is the link to the county's budgets: http://co.hawaii.hi.us/council/fy_budgets.htm.The information on the revenues is on page 22 of the 2009-2010 budgets.

MY OPINION: This is a flat out disrespectful, muscle- flexing, power grab by the Hilo majority, showing little caring for West Hawaii who provides 70% of the property tax revenue for the island

PLEASE email the council and ask to continue meetings in Kona and Hilo equally. Council members do not listen as well when we are on the TV screen as when we can be in the same room and look them in the eye, to testify in person

PLEASE CONSIDER EMAILING THE COUNCIL:

RESPECT YOUR FELLOW CITIZENS, CONSTITUENTS AND TAXPAYERS. HOLD EQUAL MEETINGS IN HILO AND KONA.

Cut and paste the following group email to the council and mayor:

, , , , , , , , , , ,

Bill 132, Draft 3- The "Transparency" Bill. Bravo to Dominic Yagong for this great bill for our lands!! This bill requires that the Director of Finance submit to the council approval on the lease or sale of any property over 10 acres and over $500,000. The resolution shall also include the bid price or terms of the bid lease, the intended use of the property and the name or names of the prospective buyer or lessee. The County Council must approve this lease or sale information.Testimony on Bills at first reading will be heard at 1:00 Bills for first reading:

The great "gift" of this bill? It gives the public the information and asks for their input on the property that we as taxpayers OWN. It seems simple and fair that this should occur on properties that our elected REPRESENTATIVES are selling or leasing ON OUR BEHALF.

Volunteer opportunity on Thursday, November 19th from 10 to 2:00 at Hale Halawai. Help serve Thanksgiving dinner to the homeless at 11:30 am. Call Josephine Ibarra to volunteer at 935-3050 ext 141


Hawaii State Motto: "The life of the land is perpetuated in righteousness."
Debbie Hecht
Campaign Coordinator 2% for the Land Fund
(808) 989-3222

Ka'u Community Dev. Plan

Aloha e,
Ka’u Community Development Plan charrette began today. The flyer announcing this event is attached with details. However, the website listed on the flyer is not correct.

More information can be obtained at

http://www.hcrc.info/community-planning/community-development-plans/kau/plan-input/charrette

Unfortunately, this charrette has not been designed to encourage public participation as the events are taking place primarily during normal working hours.

Given that the recet Honokohau Village charrette was facilitated by the same consultant, Placemakers, and followed this same exact format with little public notice, it now appears that this is the new way for consultants, those who are paying them, and those who have large financial interests to further disenfranchise the average resident of Hawai’i island in favor of special interests.
Charles Flaherty

West Hawaii Today - Council may cut Kona sessions?

West Hawaii Today - Local > Council may cut Kona sessions

Council may cut Kona Sessions!


I just read that Donald Ikeda wants to bring forward resolution #267 to cut the West Hawaii County Counsel meetings. Can you believe this? When I drove to Hilo to testify to have equal meetings, it was Donald Ikeda that was hiding in a side room during testimony. This really shows the true colors of this councilman. We have fought very hard for equal meetings.

Why are the meeting s not being held in the big pavilion at the Old Airport?

Why would it be any different in Hilo or Kona? If it is too expensive perhaps the council members can forgo their HUGE 22% raise for themselves.

I would like to remind the good people of the Island of Hawaii that the following districts provide the Lion’s share of the revenues for this entire island. Source: Hawaii County Dept. of finance data book page 9.12.

District #1 Puna $3,670.725.50

District #2 South Hilo $3,990,672.30

District #3 North Hilo $192,253.60

District #4 Hamakua $424,724.40

District #5 North Kohala $863,959.40

District #6 South Kohala $5,830,808.60

District #7 North Kona $10,029,269.40

District #8 South Kona $1,089,863.30

District #9 Kau $795,035.30

I encourage everyone to write, testify, and speak up or forever hold your piece. This bill would undo what we have worked so hard for. Just like the 2% being thrown under the bus. This is the exact reason we need two Counties.

Susan McGeachy

New Blog for Tom's Work

My husbands work is finally available to see on his new blog. http://fauxcasso.blogspot.com/ . He is an accomplished Artist and Woodworker.
Susan

Community Meeting on Kealakekua Bay State Park

Aloha e,


An important community meeting on Kealakekua Bay State Park Master Plan and Environmental Impact Statement will be held:

Saturday, November 14, 2009

1:30 P.M. - 3:30 P.M.

Konawaena Elementary School Cafeteria.
For more information, go to http://www.aponohawaii.org/events.htm
Mahalo! Chuck

How to Choose Your Food - with Annemarie Colbin

http://www.youtube.com/watch?v=K5NRPjs7Ssg&feature=player_embedded

My aunt Annemarie on choosing good food. She has a cooking school in New York City.
Buy and eat Local is the answer. We try to grow as much as we can or shop fresh at farmers markets.

Rep. Mazie Hirono is OUT OF TOUCH

Dear Rep. Mazie Hirono,


Hawaii has under gone a mass exodus of Doctors for the past few years. The insurance industry has squeezed us down to two health care choices.

The current health care plan in Hawaii has driven many small business owners right out of business.

We have 2 choices for health care in Kona. If you are not working full time, you can pay cobra (at more than double the cost from an employer). If you are unemployed or layed off you WILL NOT BE ABLE TO AFFORD HEALTH CARE.

Why? Pray tell WHY would you want Hawaii to opt out of the Nationwide Health Reform?

Of course it doesn’t affect you with your premium Health Care plan. But what about the rest of us?

You have lost my support and have proven you really don’t care about Hawaii’s future.

The World Clock- Wow check this out

http://www.poodwaddle.com/worldclock.swfThe World Clock

Who Is responsible for your child's Education?

The Parents are 100% responsible for their child's education. It is the parent that should be up to date on the assignments and work flow. It is the parents that should be asking questions and helping their child to be the best they can be. Those parent that don't put the time and energy into their child end up with that child living at home unitl they are 30 or 40 years of age.
Some years you have great teachers that are motivating and creative, and some years you have teachers that are dragging a ball and chain to work like they are doing time in a prison. The parents need to balance it out and give your child the best foot forward.
We always did flash cards for multiplications tables, addition and subtraction the summer before the infomation was presented in school. Helping the child to be familular with the work coming in the next school year. All three of my children did well in school because we set the bar high.
My youngest child is a Senior in College on the deans list every semester. And we are proud if it!

Doctor Josh Green on Health Care

Now is the Time to Reform Healthcare




Dear Friends,

For the past ten years I have worked as a doctor in Hawaii, first as a family physician in a rural clinic and then as an emergency room doctor full time while serving in the State Legislature.

For ten years I have witnessed the flaws and risks of our healthcare system from the perspective of a doctor, a State Legislator, and for the past three years as a husband and father.

Over 45 million Americans are excluded from our healthcare system. We pay more for healthcare than any other country in the world, and get less for our money than any other developed country. Costs continue to soar, threatening to bankrupt our economy and millions of American families along with it.

Why?

Because healthcare in America is dominated by a private insurance industry whose profits depend on excluding people from the system.

These profits come from denying coverage to the most vulnerable patients--the chronically ill and the working poor--and by denying "unnecessary" procedures or treatment for "pre-existing conditions" to those who can afford coverage.

And who ends up paying for the the people who are excluded?

We do. The taxpayers.

We pay for their care in state hospitals and publicly funded emergency rooms that take patients who may not have seen a doctor in years because they are excluded from the private insurance system. The taxpayers end up paying for healthcare in the least efficient, most expensive settings, for problems that might have been prevented years earlier.

When I recently received the honor of being named Hawaii Physician of the Year, I was moved to speak out more strongly on healthcare reform.

These are five specific actions that should be a part of the President's 2009 landmark efforts:

1. Prevent insurers from denying anyone insurance based on pre-existing conditions

2. Pass the Public Insurance Option

3. Make healthcare more efficient through the comprehensive implementation of new technology, such as electronic medical records

4. Review medical liability rules in our country to eliminate defensive medicine

5. Pay all of our physicians' and nurses' school loans over 5 years if they commit to caring for our most vulnerable people, in a greatly expanded National Health Corps

Finally, the White House should use its substantial influence to usher in a new era of personal responsibility for our own health. Specifically, smoking cessation, obesity prevention and substance abuse treatment must become national health priorities. This will contribute greatly to making healthcare affordable in America.

In my work as an emergency room doctor, not a single shift goes by where I don't see a family without private insurance forced to make the impossible decision of choosing between getting care for their child and paying their mortgage. No one in our country should ever face this decision. We can do better than that.

Reforming our system might seem daunting, but it's nothing compared to a trip to the emergency room with a child who can't breath, knowing the bill could bankrupt your family. Or imagine having a heart attack but choosing to stay home because you don't want to spend you daughter's entire college savings account in three days.

We must reform our healthcare system now, and that reform must include fundamental changes in the private insurance system.

The future of America's healthcare system and our country's economic survival depend on it.

Sincerely,

Josh Green, M.D. 

West Hawaii Today - Local > Kenoi's ethical conflict

West Hawaii Today - Local > Kenoi's ethical conflict

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After reading the article on Mayor Kenoi’s consideration of a proposal to tighten the ethics code.


My goodness what a novel idea. Yes, we do need to set standards for hiring family members of County Employee’s and getting contracts. Most call this “Conflict of Interest”. November 18th in Hilo or via the Mayor’s office you can testify. This is your opportunity to step forward and stand up for fair and equitable government.

I would like to know where else in the Nation would you find Police or (former Police Officer) moonlighting in the police uniform? Why are the Police directing traffic at construction sites anyway? This job can be done with a simple traffic training film and hiring our unemployed at a cheaper rate.

Marilyn Nicholson must live in Hilo. This Island is not “small”. As usual the West side has been left in the dark. I see Marilyn was the only one defending vote for Emily Naoele’s temper tantrum. Is this lady on the Board of Ethics? What are her standards? Is she going to call Emily out of her constant Church/ Jesus talk? Or does she know there is ethics to separate Church from State/County. Now let’s move forward and start being fair to all that live on this island, not just your friends and relatives.

Ann Lum said “we are tromping individual rights here”, that’s right you are tromping on every contractor to have an equal opportunity to bid and secure contracts from the County.

I have to take my hat off the Mayor Kenoi for pulling the contract from Kamaaina Pumping. It was a direct conflict of interest. Now what is Mayor Kenoi going to do about his cousin Emily Naoele and her antics?

Susan McGeachy

West Hawaii Today - Local > Audit critical of Public Works

West Hawaii Today - Local > Audit critical of Public Works

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Emily Tanks her Cousin Billy on da tent bill Veto

Feed: Big Island Chronicle


Posted on: Sunday, October 04, 2009 12:19 AM

Author: Tiffany Edwards Hunt

Subject: Letters — Puna Councilwoman Emily Naeole Reflects On The Tent Bill Veto





Image courtesy of John U. Rees

(Following is a statement Puna Councilwoman Emily Naeole released this week in response to Mayor Billy Kenoi’s veto of Bill 73, dubbed the tent ordinance, which she put forth earlier this year after it failed to win over the Council majority last term. Email your letters to newswoman@mac.com.)

From the very beginning, I wanted Bill 73, the tent ordinance, to be island wide. In the spirit of compromise with fellow council members, Brenda Ford and Dominic Yagong, who had objections about this ordinance being in their district and for fear of, according to Yagong, ‘tent cities springing up in my district’ I agreed to make Bill 73 district specific. It is this very compromise that our Mayor takes issue with and I respect the Mayor for that thought because my intention from the very beginning was to write an amendment to the building code not just for Puna but for everyone on the island who is serious about building their dwelling.The Mayor has made it very clear that he considers this island as one and to sign this bill would be to set precedence that could give an opening for the County Council to design district specific legislation to suit their specific needs. The Mayor indicated to me that he is in agreement with the intention of Bill 73 in that it solves a challenge to home building and ownership and yet he must veto it anyway because it is not for the whole island.

Will there be another attempt to bring the matter before the people? As for the future, will I try again? It is too soon to say.

I would like to thank those who worked with my office on this issue and you know who you are.

Our island community is a unique place. As for bill 73, it is an attempt on my part to put mercy compassion and understanding into a portion of our code.

Again, I want to thank my cousin, our Mayor, for watching over the interest of the entire island.

Lau Lima,

Emily I. Naeole

Council Member 5th District






View article...

West Hawaii Today - from archives > Local > Yup, they did it again

West Hawaii Today - from archives > Local > Yup, they did it again

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My sister testifies to Congress-Marjorie Cohn

Watch Tortured Law My oldest sister Marjorie Cohn- President of the National Lawyers Guild, she testified to Congress.
I am proud to announce the release of Alliance for Justice's latest documentary film, Tortured Law. This short film examines the role lawyers played in authorizing torture under the Bush Administration.
The legal architecture for torture was originally outlined and sanctioned in 2002 by a series of memos drafted by lawyers in the Department of Justice's Office of Legal Counsel. Were these lawyers simply giving the President their best legal advice? Or was their work part of a larger criminal conspiracy to distort the law and authorize torture?
Attorney General Eric Holder recently announced an investigation of low-level CIA operatives who exceeded the grisly authority provided by the "torture memos." But the superiors who ordered these actions, and the lawyers who provided the legal cover have not been held accountable. Will there be an investigation of torture to the full extent of the law?

Neil Ambercrombie on College funding

Dear Friends:
The surest path to a bright and prosperous future leads through a college classroom. As the U.S. economy and our industrial environment continue to evolve, tomorrow's jobs and careers are becoming more education-enabled than ever before. That's why I've done everything I could in Congress to open the doors of higher education a little wider for everyone. This includes the Post 9/11 GI Bill of Rights, which is making it possible for new generations of active duty military, Reserves and National Guard veterans to go to school. In August, we expanded it to cover tuition at any of the ten private schools in Hawaii. We haven't found the silver bullet to make college cost less, so we've expanded financial resources so more people can afford it. That financial assistance is critical for many in Hawaii. At UH- Manoa, 53% of the students receive some form of financial aid: 19% qualify for federal grants, 13% obtain school-based grants and about 29% of the students take out student loans. In fact, 91,937 Hawaii students haven taken out federal loans in the last ten years alone (Financial aid statistics from the University of Hawaii-Manoa). Cathy Bio, College Financial Aid Administrator at Maui Community and former president of the Pacific Financial Aid Association, said, "The federal student loan program is critical for today's student - the student who works while going to school; the student in a two-income family that returns to school for re-training purposes. The program provides students with the opportunity to get loans without existing or good credit, and offers manageable repayment options. It makes higher education more affordable and viable for today's students." Yet, the terrible economic straits our country is in have made paying for college even more of a struggle for working families. So the House took another important step, changing the way college loans are made to bring down interest rates and, at the same time, make more funds available for Pell Grants. You and I have been paying billions of dollars in subsidies to banks to make student loans, which are guaranteed by the federal government and pose no risk at all for the lender. I cosponsored the Student Aid and Financial Responsibility Act to cut these subsidies and move the savings into direct loans from the U. S. Department of Education, which are cheaper, and into expanding the Pell Grant program for low income students. About 14,000 Hawaii students received Pell Grants this year. The legislation would make more than 24 thousand eligible in the 2010 academic year. And, the maximum grant will increase from $5350 this year to $5,550 in 2010, and to $6,900 by 2019. We did it with by cutting unnecessary subsidies to banks, and with no increase in federal spending. It will really pay off for college students and their families.

Sincerely,
Neil AbercrombieMember of Congress

Counil proposed legislation

Aloha e,

Tomorrow morning, Wednesday, October 7th, there are three pieces of proposed legislation will be coming before the county council.

The first is Resolution 218-09 to reorganize the county council by replacing Pete Hoffmann with Emily Naeole as vice-chair of the county council, Dominic Yagong with Fresh Onishi as chair of the Finance Committee, and Brenda Ford with Guy Enriques as chair of the Public Works and Intergovernmental Relations Committee.

Resolution 218-09 is bad legislation because:

It is illegal. This reorganization was first attempted by the current county council majority on June 16th. This attempt resulted in the well-known and on-going Sunshine Law lawsuit against the county council. The court ordered the council to undo the reorganization and revote on all subsequent legislation. The court then was a Sunshine violation was moot After Brenda Ford led an effort follow the court’s orders and undo the reorganization, the court found that the issue was moot. However, the court is allowing the June 16th reorganization resolutions to remain in evidence because it is relevant to West Hawai’i Today’s legal the complaint that there is a pattern-and-practice of Sunshine Law violations by certain members of the county council.
The current Sunshine Law litigation has not been resolved. All actions of the current county council since April of this year are at risk until this litigation has been resolved. Pressing forward with a resolution that is in substantially the same form as two resolutions that the court will be considering as evidence of a pattern-and-practice of Sunshine Law violations is not in the best interests of the people who voted for the county council representatives.
Fresh Onishi is not yet qualified to be chairman of the Finance Committee. Current chairman Dominic Yagong is the District Manager of 12 successful stores located around the island of Hawai’i and has served on the county council for almost 9 years, almost 3 years as head of the Finance Committee. He has an expert level of knowledge about the county budget, budget process, and finances. Fresh Onishi was the head of the Elderly Services Division of the county Department of Parks and Recreation and has limited budget and financial experience. He has served on the county council for less than one year and his actions are at the core of the current Sunshine Law litigation.
Guy Enriques is not yet qualified to be chairman of the Public Works and Intergovernmental Relations Committee. Brenda Ford has been chairwoman of the PWIRC for almost three years and led efforts to revise the county’s flood control and soil erosion control ordinances and managerial audits of the Department of Public Works. As a result, she has an expert knowledge of county, state, and federal laws and has working relationships with experts within the state and around the country as she continues to halt practices that are endangering the public’s health, safety, and welfare. Mr. Enriques is an extremely gifted and successful volleyball coach and leads one of the largest volleyball camps in the country. However, Mr. Enriques has served on the county council for less than one year and has publically admitted that he is feels overwhelmed by what he still has yet to learn. He has little experience with the Department of Public Works or the numerous associated county, state, and federal laws, yet he feels that he and Mr. Onishi “should be given a chance to play”. Mr. Enriques actions are also at the core of the current Sunshine Law complaint.

Bill 136 is bad legislation because it is illegal. Bill 136 is a proposed conventional rezoning to removes 29 acres from Palamanui’s special project district zoning. Land Use Policy 2.8.2.b. of the Kona Community Development Plan states ” rezoning anywhere within the Kona Urban Area … shall require an amendment to the Kona Community Development Plan that triggers Hawaii Revised Statute Chapter 343 Environmental Review Process “ Bill 136 is not described as an amendment to the Kona Community Development Plan nor has the Planning Department required Environmental Review.

Bill 137 is bad legislation because:

It provides the same loopholes and gray areas that have allowed past developers to ignore promises of public and community benefit while pocketing massive profits. All areas of our island are suffering the consequences of past rezonings that favored private and other special interests over the public’s. The last county council had begun to turn that tide until a tsunami of off-island contributions to the campaigns of Billy Kenoi and Guy Enriques wiped out local community political power. While it is good to have a Planning Director, it is unfortunate that Ms. Leithead-Todd has not learned from past mistakes and is supporting business-as-usual.
It does not provide for the construction of a new West Hawai’i campus university building. The estimated cost of the new campus building is $8 million. Palamanui has only committed $5 million. The state is facing additional budget shortfalls and cutbacks and there is no written agreement that from the state or private sources to provide the additional $3 million. However, Palamanui can begin to allow commercial and residential occupancy within its project by issuing a construction bond for the $5 million commitment instead of actually constructing the building.
The new West Hawai’i campus building does not provide room for expansion of existing Kealakekua college programs and services. The Kealakekua campus has 8 classrooms and the new building will have 8 classrooms. Sources within the university have told me that the plan is to basically take everything at the existing campus and “plop it in the new building”.
It contains no county-mandated measures to mitigate unlawful pollution of the fresh water lens located beneath the property which flows out onto our Class AA pristine nearshore marine waters and coral reef. Palamanui has stated that its wastewater treatment plant will process sewage to an R-1 standard and that the wastewater will be used for irrigation. Bill 137 does not require the developer to build this irrigation system, but state law requires two wells to inject the wastewater underground. If and when this is done, wastewater will flow quickly to the coastline and into our nearshore Class AA pristine waters. R-1 water contains nitrates and phosphates. Studies have proven that underground wastewater injection wells are the cause of the algae blooms and cloudy water plaguing West Maui. Despite the Supreme Court’s ruling that the county has “an affirmative duty” to protect our ocean waters and the impact of underground injection well on West Hawaii’s Class AA “not influenced by humans” nearshore marine waters, Bill 137 does not yet include county affirmative duty protections, such as a requirement for Palamanui to participate in the county’s planned water quality monitoring program.
It does not contain county-mandated measures to mitigate unlawful damage to on-site and nearby essential cultural sites and resources. There are numerous burial lava tubes and other important Native Hawaiian cultural sites within and around the planned university and planned road right-of-ways south of Palamanui to Palani Road. Even though these sites are protected by the state constitution, the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act, there has been no transparency about how government agencies, large private landowners and their planning consultants are addressing these cultural resources.

If you find the above reasons sufficient to oppose Resolution 218-09 and Bills 136 and 137, please provide testimony to the following e-mail addresses:

counciltestimony@co.hawaii.hi.us, bford@co.hawaii.hi.us, genriques@co.hawaii.hi.us, kgreenwell@co.hawai.hi.us, phoffmann@co.hawaii.hi.us, dikeda@co.hawaii.hi.us, enaeole@co.hawaii.hi.us, donishi@co.hawaii.hi.us, dyagong@co.hawaii.hi.us, jyoshimoto@co.hawaii.hi.us'

Mahalo! Chuck Flaherty

Cousin Billy votes against Cousin Emily's Tent Bill

Kenoi vetoes Puna tent bill
by Nancy Cook LauerWest Hawaii Todayncook-lauer@westhawaiitoday.com
Tuesday, September 29, 2009 8:20 AM HSTHILO --

Saying a bill allowing people to live in tents while their homes are under construction stigmatizes Puna, Mayor Billy Kenoi on Monday wielded his veto pen for the first time.In a veto message to the Hawaii County Council, Kenoi said he objected to the bill because it does not apply equal protection of the law to all county residents, it fails to state why it applies to only one district, it unfairly stigmatizes the District of Puna, it could have adverse effects on neighboring properties and it sets precedent for more laws written only for certain districts of the county."Over the years I have been to Puna many times to speak at schools. In those visits I try to instill in our young people a sense of pride in their community," Kenoi said in a statement. "This bill would counter that positive message by suggesting that a lower standard is OK for Puna."

The bill, sponsored by Puna Councilwoman Emily Naeole, was applied only to her district in a three-year pilot project that was a compromise after other County Council members opposed tents in their districts. The compromise version passed 8-0 on Sept. 2."From the very beginning, I wanted (the tent ordinance) to be islandwide. In the spirit of compromise with fellow council members, (South Kona Councilwoman) Brenda Ford and (Hamakua Councilman) Dominic Yagong, who had objections about this ordinance being in their district and for fear of, according to Yagong, 'tent cities springing up in my district' I agreed to make (it) district specific," Naeole said in a statement."It is this very compromise that our mayor takes issue with," she added, "and I respect the mayor for that thought because my intention from the very beginning was to write an amendment to the building code not just for Puna but for everyone on the island who is serious about building their dwelling."The stated aim of the bill was to reduce theft of building supplies and help people transition to permanent housing while building a home of their own.Naeole also addressed health and safety concerns in her compromise bill.The changes from the proposal Naeole introduced last year and a follow-up version in April include requiring the landowner to maintain an access route for emergency vehicles, have a buffer zone between the tent and building site, and indemnify the county against injury claims and other liabilities.Naeole said it's too soon to tell if she'll try again.The council has 30 days to vote on a veto override. Because of public notice laws, that means the veto could come up at the Oct. 21 council meeting.To override the veto, there must be six votes -- two-thirds of the membership -- in favor. Council Chairman J Yoshimoto said any council member can bring up the veto override. He hadn't seen the mayor's veto message but he said he also is concerned about equal protection issues.

--------------------
Thank goodness Billy voted it down. We are NOT a third world country.
I guess blood isn't thicker then water.

China's 60th

The following appeared on Boston.com:Headline: China celebrates 60 yearsDate: Oct 2, 2009 "China formally kicked off its mass celebrations of 60 years of communist rule with a 60-gun salute that rung out across Beijing's historic Tiananmen Square earlier today. Hundreds of thousands of participants marched past Tiananmen Square in costume or uniform, with floats and dancers mingling with soldiers and military hardware. Collected here are photographs of the once-in-a-decade National Day parade in Beijing, and of others commemorating the anniversary elsewhere."

http://www.boston.com/bigpicture/2009/10/china_celebrates_60_years.html?s_campaign=8315

Shannon's letter to Congressional Delegation

An open letter to my Congressional delegation
Aloha Dan, Dan, Mazie, and Neil,
I saw this tiny correction in WHT on 9/24, it said, "Environet Inc. is being paid to remove World War II military ordnance from 2,950 acres near Waimea." The previous article on 9/23 stated, "The total cleanup of the former Waikoloa Maneuver Area to remove what the military calls Munitions and Explosives of Concern (MEC) is expected to cost $680 million more". (Not including the $152 million already spent, for a total of $832 million to clean up Waikoloa)
"Because of the size, complexity and cost of the Waikoloa response, it should be considered a long-term action, potentially spanning more than 50 years," states an April 2008 "information paper" the Corps' Honolulu office supplied.
$70 million to clean up 3,000 acres comes to $23,000 an acre. With $832 million to spend on Waikoloa's 123,000 acres at $6,500 per acre, would total 2.3 billion. The Kaho'olawe per acre price was $18,000, so the clean up costs keeps rising.
Up the mountain, at Pohakuloa, we have potentially 100,000 acres that may be contaminated with conventional weapons, not including the 33,000 acre Parker Ranch acquisition. At that price the possible total to clean up PTA could be well over 2 billion dollars, not counting the extremely expensive, additional costs of radiation clean up - if that's actually possible. I have been told the old Waikoloa training area was only used for three years and the Pohakuloa Training Area has been used for sixty years, which will dramatically increase the final cost.
Dan Inouye said, "I look forward to more announcements of additional cleanup efforts on the Big Island." Mayor Kenoi said, “I am extremely pleased to see this important work move ahead under this contract. It represents a significant investment that will make our island safer for residents and visitors, and will provide good jobs for County of Hawai’i residents who will be employed on the project.”While it would seem more rational to not make such a humongous mess in the first place and save ourselves a bundle, there is opportunity in conflict. I see a win-win here, with a new "clean up" industry being born on Hawaii Island to cash in on some of this free money. Many residents could be trained for long term jobs at a good wage, plus health care benefits, and also sent out to work on other Hawaiian Islands, not to mention good jobs for the folks at the Environmental Protection Agency; the Nuclear Regulatory Commission; the Center for Disease Control, the Agency for Toxic Substances and Disease Registry; the Justice Dept.; the Dept. of Interior; and related services or agencies. That's a lot of hotel rooms to fill up and would be a boon to our economy.
We can learn a lot from our sister island of Vieques, Puerto Rico. All it would take to jump start this new industry is for our congressional delegation to ask President Obama to decommission Pohakuloa rather than having the NRC waste their time and budget on giving the Army a "license to posses" a nuclear waste dump on our island, they could get ahead of the game by decommissioning PTA now. And by the way, you can let the NRC know your thoughts on this if you comment by Oct. 13th, to: john.hayes@nrc.gov Ask for an E.I.S. for Pohakuloa. According to a recent West Hawaii Today poll, 76% of the voters said they wanted independent testing of Pohakuloa, rather than the army doing the radiation monitoring. 58% said they don't believe a word the army says. Since few residents believe them, let's just forget about the Army testing their own hen house and just start cleaning it up; Lord knows we need these new employment opportunities. Our Representatives in D.C. have been strangely silent on the clean up of Pohakuloa, this would be their chance to be heroes, save our economy, and clean up all contamination on our training ranges. This could happen fairly quickly if our Congressional delegation put their powerful heads together to get the ball rolling and called in some favors to make this happen; this is a fantastic, long term employment project and its certainly "shovel ready".
Besides the 25 residents already trained in ammo retrieval, we can begin this fledgling island industry now if our D.C. reps could put up $100,000 for equipment, and begin the training and certification process of residents for radiation monitoring; we would more easily trust our own residents to give us the truth.This is a formal petition and plea to Senators Dan Inouye and Dan Akaka, to Reps. Mazie Hirono, and governor hopeful, Neil Abercrombie, let's decommission, clean up Pohakuloa, and make some big money on this gravy train; its the "sustainable" and "green" solution to our problems.
Shannon Rudolph - Kona

Samoan People Need Our Help!

They Need Our Help

October 1, 2009
Dear Friends,
The Samoan people are an important part of Hawaii's multicultural tapestry, and most of us here have close friends or family who are Samoan.
Less than 48 hours ago a devastating earthquake and subsequent tsunami struck Samoa, leaving over a hundred people dead and thousands more homeless.
Samoa's recovery from this disaster will be long and difficult, but we in Hawaii can help bring needed relief now.
Please join me and my wife Jaime in contributing to the relief effort today.
The Samoan people truly need our help.
Donations may be sent to:

American Red Cross -
American Samoa
P.O. Box 2635
Pago Pago, American Samoa 96799
or
American Red Cross - Disaster Relief FundHawaii State Chapter
4155 Diamond Head RoadHonolulu, HI 96816

or call 1-800-REDCROSS and donate either to their national or international relief fund. Sincerely,Josh Green M.D.State SenateDistrict 3, West Hawaii

State of Hawaii Teachers - 17 days off!

My question is why can't they work the 17 days on a rotating basis? Every school has at least 2 or more classes for the same grade. Why can't they hui together two classes and do PE days or independant study/ help days? Why do the kids have to have 17 less days of school?When I was a kid we didn't always have subsutitues, we combined classes for the day.Sadly Hawaii can't think outside the box and wants to just cut the days from the students. Who is suffering here? Our children, but then is this really about education and our children? Or is it a money thing only?

30 years of Marriage is Something to Celebrate

Susan and Tom McGeachy 9/17/1979

Bill 132 Hamakua Lands for Sale!

Thanks Chuck for this you tube link. What happens when we are out of money and out of land to sell? Who controls who buys and what they do with it?
Help the Big Island's future. Testify and make a difference.
Susan

http://www.youtube.com/watch?v=mqrBKxTkCyk

Blogging East and West Hawaii! Opinions

I just got through reading a Punablog about how some people should not express their opinions. The person complaining is hidden behind a sudo name "Menehune". Isn't this America? Isn't this a Free county where you can express yourself?
Today's day and age brings all forms of communication. If some are affraid to stand up and speak there mind then they will have to spend their life in the shaddows, hidden beind the truth.
Take it or leave it. You are free to change the channel or turn off the TV any time you want.
It is not an East or West thing; it is just one idiot.

Bill 137 removed promised 6 acre University from Project? Testify TODAY!

Aloha e Chairman Yoshimoto and members of the Hawai’i County Council,

I oppose Bill 137 because it has more holes than a block of Swiss cheese.

In 2003, Palamanui was able to obtain redistricting from the state Land Use Commission by promising a “University Village Center” within the project that would include six acres of university space (see http://archives.starbulletin.com/2004/12/09/news/story7.html ).

In 2006, Palamanui removed the promised six-acre university space from its project, but obtained rezoning from the county by promising to provide $5,000,000 toward a 20,000 square-foot university building on the state land parcel to the south of Palamanui with access to the project’s water/sewer/electric infrastructure (see http://www.westhawaiitoday.com/articles/2006/06/22/local/local02.txt and http://www.westhawaiitoday.com/articles/2006/07/08/local/local02.txt ). It is important to note that Palamanui obtained this rezoning only one month before the county council placed a moratorium on new rezonings in Kona until the KCDP was completed and adopted..

Then, Palamanui submitted Bill 137 less than one month before the first meeting of the KCDP Action Committee this past June 4th. Personally, I do see how these “just in time to avoid” publicly-supported government regulation scenarios were coincidental.

Regardless, Bill 137 allows Palamanui to issue a construction bond instead of actually providing funds to construct the building prior to commercial, industrial, and/or residential occupancy on the project site. This is the same regressive strategy used by 1250 Oceanside Partners ten years ago from 1993 through 1999. This strategy, not litigation, is the first and foremost reason the Mamalahoa Highway has not been completed.

There is no clear language in Bill 137 that requires Palamanui to complete University Drive and provide infrastructure (water/power/wastewater treatment) to the 20,000 square foot building prior to occupancy within the Palamanui project. The university building will require infrastructure (water, power, wastewater, road, parking, etc), but Bill 137 only requires access to Palamanui’s infrastructure.

Therefore, Palamanui could build University Drive only to provide infrastructure to the mixed commercial/industrial area being proposed by Bill 136 and not beyond, while still allowing occupancy of the MCX area by only providing a bond for infrastructure to complete University Drive and associated infrastructure to the university building.

Palamanui and its supporters are using the argument of job creation and the promise of a site for a West Hawai’i Community College campus as reasons to grant the developer the concessions contained within Bill 137. However, Bill 137 does not contain language which provides reasonable assurance that either of these goals will be accomplished in the near future. Instead, it creates a situation where any disagreement between the university and/or Planning Director could be used as a reason for non-compliance.

Therefore, I strongly urge this council to defeat Bill 137 and advise Palamanui to submit a TND master floating zone plan to the KCDP Action Committee that encompasses the vision, guiding principles, goals, objectives, policies, and actions of the KCDP.

Mahalo,
Charles Flaherty.

Bill 136 Palamanui's Special redistricting??

Aloha e Chairman Yoshimoto and members of the Hawai’i County Council,

Bill 136 violates both the letter and the spirit of the Kona Community Development Plan (KCDP) ordinance.

Bill 136 would remove 29 acres from Palamanui’s special Project District zoning district and into the MCX, commercial/industrial, zoning district.

This proposed rezoning is located outside of the University Village regional TOD and proposes to replace the Greenbelt surrounding the University Village with mixed commercial/industrial land uses.

Bill 136 violates Policy LU-2.8.2.b, “Development Outside Transit-Oriented Developments (TODs), but within the Kona Urban Area” which states “Development outside the TODs, but within the Kona UA, may occur as follows:

Conventional Rezoning. Rezoning to other than TND [Project District special zoning], is subject to the following guidelines:
i. Consistency with LUPAG. Refer to Policy LU-1.3.
ii. Infill. Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre-existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable.
iii. “Greenfields” Rezoning. Rezoning anywhere within the Kona UA, whether within or outside a TOD area designated on Figure 4-7 Official Kona Land Use Map, that is not a TOD, TND [Traditional Neighborhood Development], or infill shall require an amendment to the Kona CDP that triggers HRS Chapter 343 Environmental Review Process.

Bill 136 is a conventional rezoning which complies with the General Plan’s Land Use Pattern Allocation Guide.

However, this rezoning does not constitute infill and is in fact being proposed in an area that is now completely open.

In addition, because Bill 136 is not a TOD, TND, or infill, it requires an amendment to the KCDP and triggers an environmental review process.

Bill 136 proposes to reduce the “greenbelt” that the existing zoning currently protects. The KCDP defines “greenbelt” as “an undeveloped area surrounding the Secondary Area. The Greenbelt is a strategic planning tool to prevent urban sprawl by keeping land permanently open. The purpose of the Greenbelt is to prevent urban sprawl of the TODs/TNDs, prevent neighboring towns from merging into one another, and to preserve the setting and the character of the TODs/TNDs. The Greenbelt may also serve multi-purpose uses, such as for drainage (e.g., flow ways or retention basins), sensitive resource preserves or wildfire protection buffers.” Bill 136 reduces the greenbelt that existing zoning has created between the University Village and development centered on the Keahole International Airport

The KCDP states that the goal of the “University Village (Regional Center) is “to use the university as a catalyst for complementary commercial opportunities surrounding the campus and to attract students, faculty, and staff to live on or near campus. The university would hopefully be a center for cultural and performing arts, life-long learning, innovation, and workforce development that would benefit the broader community.” The uses intended for the new MCX zoning district is not consistent with the vision and purposes of the University Village and represents the very unplanned growth that the KCDP was created to stop.

For these reasons and more, regardless of intention, Bill 136 violates the KCDP ordinance and approval of this bill is legally invalid.

Therefore, I hope that this council will defeat Bill 136 and advise Palamanui to make another application to the Planning Department which complies with the KCDP ordinance.

Mahalo,
Charles Flaherty

9/11 Remembered Forever

Today as we reflect back to 9/11, we remember those who lost their lives and the way it has changed all of our lives forever.
God Bless the families of those that were fallen and those that fight for our freedom everyday.

Road Meeting 9/8/9

I learned alot of things from this Kona Town Meeting at old A last night.

1. If you see any pot holes the County Needs your help to contact them and they will get filled according to Ron Thiel (Division Head, Hi Co. DPW Traffic) and Warren Lee (Director, Hi Co. Dept. of Public Works) call 961-8341 or email wlee@co.hawaii.hi.us
or rthiel@co.hawaii.hi.us

2. Phase 2 of Queen Kahaamunu highway is under litigation so they are starting the process again for a new set of bids. This is on hold. Jiro Sumada (Deputy Director, State Highway Division) admitted there were alot of errors on phase 1 and the County and State are learning from them.

3. Lako Street is dead in the water. No money and no connection.

4. The mid-level road is proposed to go from Kaiminani thru to Henry Street. This is designed for a 4 lane road but they are only going to build 2 lanes now! They are working on the permits and trying to meet the Oct. 1st deadline in order to get the $35 million in federal funds.

5. Complaints about the speed limits on Queen K's first phase can be directed to the traffic branch- Albert Takashita. If you are not satisfied with the limits you can contact him.

6. Complaint regarding the over weight vehicles seemed to stump the speakers. They looked like a deer in the head lights. They said it is a Police responsibility.

This Kona Town Meeting is a Great Group and very benefical for our community. It was refreshing to put faces with the responsiblities for our roads.

Susan

Road Meeting - Kona Town Meeting comments

Susan,

I felt obligated to respond to your incorrect Grace Church comments at the meeting tonight. For starters, the church does have the money for the project. The current required that they place the money into a escrow account. Secondly, the delays in completing the re-alignment were because HELCO was unable to obtain the needed land easements for their
utility poles until recently.

The project is going to take seven weeks to complete. The contractor (Bolton) is supposedly going to start work in the first week in October.

I know the Pastor at the church. He has been communicating with me and giving me updates for the past couple months.

Aaron

--------------------------------------------------

Aaron,
What was my incorrect comments re Grace Church? I asked if the County would repave or finish that section of the road? What is wrong with that? The Grace Church was supposely going to finish it a couple of years ago. The County should have completed it as proposed and not skip that section for what might or might not come to pass. What is the "current required" in you comments? So if the Church is going to finish that part of the road and they have the money in an escrow, then when is the church going to finish it?

The Helco poles on Palani we supposedly not moved because they needed that land for the temp. road during construction. The real question is the turn out to Kealakehaa is such a tight turn I wonder if that light pole will be flattened. I know from driving a horse trailer for years that I could not make that turn safely. Large trucks, horse trailers or boats will have a tough time trying to navigate that turn.

Thanks for the update. Susan

Blood Bank needs your Help!

Did you know only 2% of Hawaii's population donates blood for the other 98%?
You ask what can I do to volunteer and make a difference in someone's life.

This is it. The LDS Church above hamburger hill will have the Blood Bank there tomorrow 9/9/09. Now is the time to participate. Give the gift of LIFE. It only takes about a half hour and you will be making a difference; maybe savings someone's life.
See you there tomorrow.
Susan
http://www.bbh.org/default.htm

Congratulations Warriors!

The Warriors won their first game of the season last night. Centeral Arkansas 20 to Warriors 25.
This is the way to start the season.
GREAT JOB!

County Road Load limits on streets?

County roads letter to editor: WHT

Saturday, September 5, 2009 7:27 AM HST
Who enforces load limits on streets?

County roads are in deplorable condition. Overloading shortens pavement life. At least once a month, I see a huge tractor or excavator on a five- or six-axle truck. The truck would have a legal gross weight rating of 88,000 pounds, including the empty weight of the truck, about 30,000. Last week I saw a fully equipped D10, 146,000 pounds on such a truck. It was being escorted by a uniformed police officer.

I had the good fortune to interview the officer and he told me that he checked the paperwork -- and everything was in order.

advertisement

So I ask: Who is authorizing these gross overloads and what is the justification?

Ken Obenski
Opihihali

------------------------------------------------------------------------------

I have doubts that the police would even know what a load limit for a heavy vehicle is. The reality is only in Hawaii do they allow heavy equipment to be driven on the public roads. Most States require a low boy for hauling equipment and don't have torn up roads. Does Hawaii even have a scale to weight the trucks???
Susan

Why build a road that is OPEN full time? Only in Kona

Thank you Tiffany

Steve responds to Palamanui

All, the below came to me too late to solicit any voice at the Council Planning Committee meeting of 9/1. However, you’ll notice in today’s WHT that they forwarded a positive recommendation on the petition by Palamanui to the County Council. This will be heard at their next meeting in 2 weeks. It will be a first reading and there is opportunity for public comment. Two weeks following that it will again be heard on 2nd reading and voted after hearing any additional testimony. Let your voice be heard on this issue if you can equally see through the veil of politics and favoritism.

Emergency Senate Hearing on Dept. of Agriculture layoffs.

From Jeffrey Parker and Masako Cordray Westcott of the Hawaii Agriculture & Conservation Coalition

Emergency Senate Hearing on the Dept of Agriculture layoffs – please testimony today!

Thursday, Sept 3rd, 5-9pm, Maui Waena School, 795 Onehee Ave, Kahului

governor.lingle@hawaii.gov

reps@capitol.hawaii.gov

sens@capitol.hawaii.gov


Sample Testimony

Subject: Do not cut Dept. of Ag Inspectors.

Aloha e,

The Lingle administration, is attempting to balance the State budget, by authorizing the layoff of 118 employees of the Department of Agriculture – half of its staff. DOA, with one of the smallest budgets, is getting the biggest cut.

Improvements to our inspection regime, hard won over the past twenty years will be lost with the dismantling of the DOA wall of protection. The Ag inspectors targeted for layoff have intercepted the Brown Tree Snake on eight occasions, the dangerous Red Imported Fire Ant on two occasions and the Little Fire Ant once. Almost daily, these highly trained inspectors find insects and diseases not previously known in Hawaii. Abandoning this essential infrastructure leaves us vulnerable to a flood of invasive species that threaten our economy, health and way of life.

The drastic cut in DOA inspectors means that most imported produce will be inspected in Honolulu before being shipped to Maui. O’ahu inspectors, cut from 51 to 24, are expected to carry this increased load. Delays, higher costs and lower quality are all expected as a result. This chaotic situation may even allow some produce and other goods to enter Hawai'i un-inspected.
Critical programs like Biological Control, Noxious Weed Control, Enforcement, Rapid Response and Commodity Grading will diminish or end. Hawaii’s 300 export nurseries will no longer be certified causing the collapse of our export agriculture industry, the closing of hundreds of small businesses and the loss of an untold number of jobs. Delays of imports and exports will threaten the livestock industry.
Interisland inspections will be abandoned, leaving Maui vulnerable to the Little Fire Ant, Varroa Mite, Coqui frog and the slug that carries the rat lung worm.
Cutting Ag Inspectors will save only $3.8 million annually, but the negative impacts will likely be measured in the hundreds of millions of dollars. For example, should the Red Imported Fire Ant become established in Hawaii, control will cost $211 million a year.

This assault on the Dept of Agriculture is unacceptable.
We want all Department of Agriculture Inspectors to remain at their jobs.

Mahalo,
[Your Name]
[Your Address]

---------------------------
Thanks Chuck

Live hearing Palamanui NOW!

Aloha e,

You may watch the Palamanui hearing on one of our island’s two new on-line news sites, Amaraka.

Go to http://www.amaraka.tv/home

This is a great new community service being provided by a group of visionary motivated young people seeking to make our island a better place through education, entertainment, and community networking.

Check out the schedules at Amaraka.TV and also http://www.bigislandlive.com/ from time to time. They have committed to showing public meetings and county council hearings when important issues come up. Please support these efforts.

Mahalo,
Chuck

Palamanui Testify TODAY! Speak up and Testify

ALERT Council Hearing 3:30pm 9/1 Re: PALAMANUI: More Concerns: Testify OR watch broadcast on amaraka.tv
ViewWhat links here.Submitted by margaretwille on Tue, 09/01/2009 - 7:30am
The following info was sent to me by Charles Flaherty about the Palamanui Development : Please testify at 3:30 Kona, Waimea or Hiilo: (if you ask you can testify for 6 minutes -- because there are two bils #136 and 137) . If you can not attend, then watch this hearing on amaraka.tv. See also my comments in previous blog. Here are Charles Flaherty's comments:

Aloha e, With the new county council majority now in place, developers are back to their old bad habit of making promises of community benefits, getting approvals and “vested rights”, then going back to the county to remove the public’s vested rights while keeping their private vested rights to put more money in their pockets (and the pockets of their favorite consultants and politicians, of course).

This time it is the Palamanui project being developed by Charles Schwab and Hunt Development.

The developers are going before the county council’s Planning Committee tomorrow and 3:30PM at the Sheraton Keauhou with a proposal to back out of its community promises, including construction of a mauka-makai connector road required by the Kona Community Development Plan.

Note in the blog articles below that the Charles Schwab Corporation is facing a number of lawsuits, including a class-action, by investors who allege that they were deceived about the underlying risk of their investments. Schwab’s investments in toxic assets and associated losses, as well as the effect on Hunt Development of the collapsed real estate market are the most likely contributing factors to Palamanui’s request for a “bailout” from the county and our community.

E kala mai, but Palamanui needs to sink-or-swim like the taxpayers who have been forced to foot the bill for the toxic asset mess.

Please send an e-mail to the county council opposing Bill 136 and an e-mail opposing Bill 137: There may be two more hearings on these bills if they are not tabled.

genriques@co.hawaii.hi.us
bford@co.hawaii.hi.us
kgreenwell@co.hawaii.hi.us
phoffmann@co.hawaii.hi.us
dikeda@co.hawaii.hi.us
enaeole@co.hawaii.hi.us
donishi@co.hawaii.hi.us
dyagong@co.hawaii.hi.us
jyoshimoto@co.hawaii.hi.us
countycounciltestimony@co.hawaii.hi.us

Sample testimony, Bill 136

Subject: Oppose Bill 136

Aloha Members of the Hawai’i County Council Planning Committee,

I am opposed to Bill 136 for the following reasons:

Palamanui was able to obtain its existing rezoning from the county council in 2007 after agreeing to well-reasoned conditions. The Kona Community Development Plan became law last year and incorporated both private and public vested rights.
Bill 136 involves a Project District Development and represents a new rezoning within the University Village Transit-Oriented Development Floating Zone. It is subject to the KCDP ordinance.
Bill 136 violates at least two of the Guiding Principles of the KCDP: Guiding Principle 6, “Provide infrastructure and essential facilities concurrent with growth” and Guiding Principle 8, “Promote effective governance”.
Despite these issues, the Planning Director did not submit this proposed rezoning for the KCDP Action Committee to review and evaluate compliance with the KCDP. Under the KCDP’s land use policies, does Bill 136 trigger the requirements of Hawai’i Revised Statutes 343 governing Environmental Assessments and Environmental Impact Statements?
The Planning Director has not provided any written evaluation as to whether this rezoning conforms with the KCDP ordinance. Therefore, this council cannot be reasonably assured that Bill 136 complies with the KCDP ordinance. Approval of Bill 136 by this council may be invalid.
Because of the legal questions surrounding Bill 136, it should be tabled until such time as this rezoning has been reviewed by the KCDP Action Committee and the Planning Director has provided this council with a formal evaluation and assurance of compliance with the KCDP ordinance.
The University of Hawai’i Board of Regents has contracted with Hawai’i Campus Developers to privately develop 420 acres of an adjacent 500-acre property in order to fund development of an 80-acre West Hawai’i campus. This agreement was made prior to the Palamanui project and without regard to the success or failure of Palamanui.

Mahalo,
[Your name]
[Your address]

Sample testimony, Bill 137:

Subject: Oppose Bill 137

Aloha Members of the Hawai’i County Council Planning Committee,

I am opposed to Bill 137 for the following reasons:

Palamanui was able to obtain its original rezoning from the county council in 2007 after agreeing to numerous community benefits that were protected by specific conditions. Bill 137 would remove and number of the protections to guarantee timely completion of these benefits.
Bill 137 represents a substantial change to Palamanui’s existing rezoning within the University Village Transit-Oriented Development Floating Zone and is therefore is subject to the Kona Community Development Plan ordinance. The KCDP became law last year and incorporated both private and public vested rights.
Bill 137 violates at least two of the Guiding Principles of the KCDP: Guiding Principle 6, “Provide infrastructure and essential facilities concurrent with growth” and Guiding Principle 8, “Promote effective governance”.
Despite these issues, the Planning Director did not submit this proposed rezoning for the KCDP Action Committee to consider and evaluate compliance with the KCDP.
The Planning Director has not provided any written formal evaluation as to whether this rezoning conforms with the KCDP ordinance. Therefore, this council cannot be reasonably assured that Bill 137 complies with the KCDP ordinance. Approval of Bill 137 by this council may be invalid.
Because of the legal questions surrounding Bill 137, it should be tabled until such time as this rezoning has been reviewed by the KCDP Action Committee and the Planning Director has provided this council with a formal evaluation and assurance of compliance with the KCDP ordinance.
The University of Hawai’i Board of Regents has contracted with Hawai’i Campus Developers to privately develop 420 acres of an adjacent 500-acre property in order to fund development of an 80-acre West Hawai’i campus. This agreement was made prior to the proposed Palamanui project and without regard to the success or failure of Palamanui..

Mahalo,
[Your name]
[Your address]

* * * * * *

Additional Information:
In October 2005, the University of Hawai'i Board of Regents announced that it had signed a deal with an Atlanta-based company, Hawai'i Campus Developers LLC, to develop an 80-acre campus in West Hawai'i on a 500-acre parcel owned by the state. http://archives.starbulletin.com/2005/10/21/news/story01.html

At that time, Palamanui (named Hiluhilu at that time) proposed to provide a temporary home for the Kona college, a “University Village” within its project site until a permanent facility was built by Hawai'i Campus Developers on the 500-acre state parcel.

The Legislature budgeted $18 million towards this plan.

Two years later, as part of a county zoning agreement for Palamanui, that developer committed to building a 20,000 square feet school facilities on the adjacent state property instead of within its project.

Palamanui's developer, a partnership among investment brokerage firm owner Charles Schwab, Kona contractor Guy Lam and Texas-based Hunt Development Group, also promised to provide utility infrastructure to the state's 500-acre campus parcel. The combined cost for the building and infrastructure was estimated to be $5 million and were supposed to be complete this year.

Lingle has refused to release the $18 million claiming that the money would be used on the HCC Hilo campus and not in Kona.

This has allowed Palamanui to use its promise to build the 20,000 square foot building and infrastructure on the state land as a political weapon.

This weapon was with the Leeward Planning Commission and the county administration to lessen the original public interest rezoning requirements imposed on Palamanui.

This is the same pattern-and-practice that has allowed developers in West Hawai'i to build without necessary infrastructure.

Schwab - YieldPlus Funds

Date Filed: March 18, 2008
Court: U.S. District Court
Location: Northern District of California
Ticker Symbol: SCHW
Hagens Berman Sobol Shapiro filed the first class-action lawsuit against Charles Schwab Corporation (NASDAQ:SCHW) on March 18, 2008, alleging that Schwab deceived investors about the underlying risk in its Schwab YieldPlus Funds Investor Shares (SWYPX) and Schwab YieldPlus Funds Select Shares (SWYSX).

The lawsuit claims Charles Schwab and the funds' underwriter deceived investors about the underlying risk in the funds, which were sold as cash alternatives, but were in fact highly speculative and risky mortgage-related structured debt, according to the complaint.

The complaint also states that the funds' registration statements failed to include required facts about the investments - specifically that the funds have a high vulnerability of suddenly becoming illiquid and that the net asset values were highly speculative and inflated.

Since HBSS filed the first suit, many other firms filed similar class actions, and these were consolidated by the Federal Court in the United States District Court for the Northern District of California.

On July 3, 2008, the Honorable William H. Alsup appointed five members of the YieldPlus Investor Group to the position of lead plaintiff and instructed them to interview and choose lead counsel. On August 14, 2008, the YieldPlus Investor Group submitted their decision to the court to retain Hagens Berman Sobol Shapiro LLP. On August 18, 2008, the Court approved that decision.

To participate in this lawsuit as a member of the class, investors do not need to take any action at this time. If the Court certifies the case as a class action, a notice will be sent to investors in these funds. In the meantime, we can continue to provide you with updates about this litigation if you provide us with your information by clicking here. If you have information that you would like to share that will help in the prosecution of this case, please e-mail Hagens Berman at info@hbsslaw.com.

RECENT DEVELOPMENTS:

July 13, 2009 - UPDATE - Plaintiffs are due to file an expert report relating to their request for class certification on July 17, 2009. Fact Discovery will close on November 27, 2009 and Expert Discovery closes on January 4, 2010. Trial is currently set for May 10, 2010.

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12:14 June 12th, 2009
Et tu Schwab?

Post a comment (2)
Posted by: Matthew Goldstein
Tags: Commentaries, Charles Schwab, Derivatives, Lehman, Structured Notes, UBS
Discount brokerage Charles Schwab may be facing a Lehman-sized headache.

It appears some Schwab brokers were actively selling so-called structured notes–derivative-like investments–that were issued by the now bankrupt Lehman Brothers. The structured notes were pitched as principal protected, meaning investors might not make a lot of money if a strategy failed, but they wouldn’t lose their initial investment either.

The only problem with the sales is pitch that the Lehman issued structured notes were guaranteed by Lehman. The notion that an investors’ prinicipal investment was 100% protected went out the window when the Wall Street firm filed for bankrupty last fall.

Lehmans’ collapse is proof that unless an investment is backed by the federal government there really is no such thing as a “100% principal protected” note. In other words, there are no free lunches for investors on Wall Street.

Seth Lipner, a New York securities lawyer, says he’s on the verge of filing an arbitration claim against Schwab on behalf of a Florida couple who purchased Lehman structured notes through Schwab. He claims Schwab “misrepresented” the risks associated with these notes. Lipner’s clients invested $60,000 in these now all-but-worthless notes. But Lipner suspects Schwab peddled Lehman notes to many other customers.

Schwab wasn’t immediately available for comment. But if they call back, I’ll update with their response.

Up until now, UBS was the biggest known seller of Lehman structured notes in the US. In fact, New Hampshire securities regulators, earlier this month, filed a cease and desist notice against UBS over the sale of Lehman structured notes. Regulators claim UBS brokers “exaggerated” the safety and security of the notes.

Structured notes, which use a derivative to give investors exposure to a wide range of asset classes, long have been a big seller in Europe and Asia. In fact, a Lehman entity in Amsterdam issued some $30 billion of these notes to overseas investors. Regulators across Europe and Asia are investigating the sale of these notes and some are agitating for reforms.

Of course, it’s a wonder why anyone needs to buy a structured note in the first place. Buying an index fund or a basket of stocks or commodities will often get an investor the same kind of asset exposure as a structured note.

All structured notes do is just give banks another way to rake in fees and dupe investors into buying something they really don’t need.

Thank you Margaret Willie for your blog info. Hopefully people will testify.