Dog Crap and Politics As Usual

I've been remiss in posting updates for two reasons: 1.) Not much new to tell you. 2.) Have been busy with my Honolulu Advertiser blog, "Addicted to..." which deals with all types of addictive behavior and recovery.

Due to contract disputes at the Advertiser, I've been asked by employees to honor their "blog strike," which started today (Aug. 25). My prior posts are still available in the archives, and there are good article links related to the failed War on Drugs, as well as new studies about addictions. But the management has disabled the Comments until further notice. Haven't they ever heard about freedom of the press? Sheesh.

In any event, I walked to the beach this weekend and observed a few things. Remember how the City made a big to-do about those yellow 911 beach right of way signs they put up? The one by the Kailuana BROW at the north end of Kalaheo Avenue has been gone for a couple of months -- and still hasn't been replaced.

I have no idea if vandals stole it, or if someone who lives near that public access didn't like the sign because it might increase foot traffic next to their homes.

Meanwhile, despite our group's complaints about unsafe conditions on Kalaheo Avenue for pedestrians and bicyclists, not a damn thing has been done. The narrow shoulder areas along the road side are still just as narrow and half covered with debris or weeds, forcing walkers and bikers into the path of fast moving car traffic.

We were told by City Council Chair Barbara Marshall's assistant that homeowners were responsible for fixing that problem and had been notified. Really? So where's the follow-up?

Then as I was walking along the beach I saw two new houses nearing completion that are being built closer to the ocean than the older homes. Folks, if nothing is done about shoreline setbacks on Oahu, it won't be long before Kailua Beach looks more like Lanikai Beach and Kahala Beach. The closer that houses are built to the ocean, the more beachfront will be lost through erosion and vegetation growth, such as naupaka, that will extend out from those homes. Just take a drive over to Lanikai and you'll see what the future looks like.

Last beach observation: dogs are crapping on the beach and their owners are leaving it there. I have not been been opposed to allowing people to walk dogs on the beach, but if they aren't going to make sure other people pick up their dog's waste, maybe the City needs to have police hand out a few tickets. That goes for littering too.

When stuff like that happens, it reinforces the negative opinion people who live on gated roads have of beach users. I understand what they're complaining about. It's the few bad apples that ruin things for the rest of us.

BTW, below is a sample of a BAH bumper sticker we're getting printed up. We have two other designs that say, "Open Da' Gates!" and "No More Gates!" If you want one, email your home address to richfigel@yahoo.com.

Ala Wai Harbor parking update

Our allies at the Surfrider Foundation have sent a letter to the Dept. of Land and Natural Resources, contesting the recent decision to move forward with the State's controversial paid parking plan at the Ala Wai harbor.

According to the national litigation manager for Surfrider, under current State laws, they CANNOT privatize parking there. Below are excerpts:

To The Chairperson and Members of the Board of Land and Natural Resources:

On behalf of Surfrider Foundation, a grassroots, non-profit environmental organization dedicated to the protection and enjoyment of the world’s oceans, waves and beaches for all people, with over 900 members in Hawaii and 50,000 members worldwide, we are writing to oppose issuance of a revocable permit to a private, for-profit entity, Diamond Parking LLC, for management of the Ala Wai Small Boat Harbor parking area. A central focus of Surfrider’s mission is to ensure beach access for all persons. As it stands, this type of regulation of parking would not only discourage and effectively prohibit surfers and beachgoers from utilizing the natural resource they have become accustomed to enjoy, but it would also illegally privatize a government function. This privatization should not occur because the state legislature has failed to endow state agencies with the power to contract with private contractors.

The state does not have the right to contract with private companies in such a way as DOBOR is contemplating by creating a parking management plan that would be run by a private company. The rationale for this rule against privatization is to protect against the potential for abuse of government and taxpayer money. Additionally, the prohibition on contracting with private entities protects against the possibility that the public will be overcharged for services only to benefit of a private company who otherwise would not be making money.

This issue was once regulated by Hawaii’s Act 90. Act 90, which was enacted in 2001, explicitly allowed counties and states to “contract with private entities when it is reasonable to believe that those private entities can provide equivalent or better quality services at lower cost than the government agency”. Act 90 is no longer valid and was NOT used as a justification for this contract proposal...

Surfrider avers that this proposed parking management plan would disturb the beach-going experience as well as overstep the state’s restrictions on contracting with private entities. Because the currently proposed parking management plan would not only restrict beach access, which contravenes a core tenet of Surfrider’s mission, but also would do so illegally without statutory right, Surfrider asks that the request for issuance of revocable permit to Diamond Parking LLC be denied.

Sincerely,
Angela T. Howe, Esq.
Legal Manager, Surfrider Foundation

Will be interesting to see how the State responds to this challenge! We'll keep you posted.