Daily Archives: June 15, 2012

Should we ask how the governor missed his constitutional deadline?

I feel silly having to ask the obvious questions, and there are two of them.

First: How in the world did Gov. Neil Abercrombie’s staff miss the deadline for the judicial nomination for Maui’s Second Circuit Court? And the “miss” was by two days, not two hours! In this case, it was a constitutional deadline, not one of the squishy internal deadlines. Surprise! Consequences!

Second: Although the governor issued a press statement announcing the missed deadline, and the resulting ceding of appointment authority back to the Judicial Selection Commission, I haven’t read or seen anything about reporters putting pressure on the governor for an explanation. Have the questions been asked? And asked again? Has there been any behind these scenes snooping for info?

It seems to me that this is an indication of continued disarray in the governor’s office. Where’s the state’s administrative director when we need him? Or what was he doing instead of minding the store and making sure deadlines are being met.

It’s also a sign of timidity on the part of the media. It seems like most, even Hawaii Reporter, ran with the governor’s statement and failed to press on what had gone wrong.

The Maui News had a bit more. At least they asked the question.

Calls to the Governor’s Office for further comment and explanation went unanswered Tuesday afternoon.

This is not the first time the Judicial Selection Commission has faced selecting a judge. In 2002, then-Gov. Ben Cayetano missed a deadline for an appointment to a Maui court, and the commission appointed Joel August to fill a 2nd Circuit Court vacancy created by the retirement of former Judge Artemio Baxa.

That was quite a PR coup for communications director Jim Boersema, who skillfully kept the hounds at bay.

The companies behind the city’s sewage sludge budget battle

Yesterday I had a few moments of energy, and caught up with Civil Beat’s June 6 story by Mike Levine on tensions between the City Council and mayor over the direction of sewage processing (“Will Honolulu Council Give Back Mayor’s Sewage Construction Money?“).

The mayor is trying to move forward to fund an additional sewage digester at the Sand Island Sewage Treatment Plant. The original design-build-operate contracts were awarded to Synagro in May 2002, following a 1995 consent decree with the EPA., and the administration wants the proposed $24+ million contract to stay with the same vendor. The facility processes sewage sludge into biosolid fertilizer pellets.

There has been unhappiness among council members for years over problems with the Synagro facility. There are lingering environmental concerns prompted by problems in some mainland areas, and an August 2008 city audit of the Synagro contract detailed initial construction cost overruns resulting from delays and change orders. Council members have also complained the company has failed to develop a promised market for the fertilizer pellets, which were supposed to provide an income stream back to the city.

Levine reported the funding for the contract was restored to the budget at the last minute, subject to a proviso that the administration demonstrates its cost-effectiveness compared to a rival process being pushed by another company, HRP 56, LLC.

I came away from the story wondering about the two companies, the players behind them, etc.

The only Synagro entity registered to do business in Hawaii appears to be Synagro-WWT, Inc. It seems to be a subsidiary of Synagro, which describes itself as “the largest recycler of organic by-products in the United States.”

It turns out Synagro was taken over by The Carlyle Group back in 2007, according to a proxy statement filed with the SEC at the time. Remember Carlyle? They’re the politically well-connected group that bought Hawaiian Tel from Verizon, loaded it up with debt, and ran it into bankruptcy.

There’s a tangle of Carlyle entities involved in Synagro’s ownership structure, according to that proxy statement.

At the effective time of the merger, Parent will be owned by Carlyle Grey Partners, L.P., CIP Direct Partnership, L.P., CIP Grey Partnership, L.P. and CIP Coinvestment, L.P., which we collectively refer to as the “Carlyle Owners.” The Carlyle Owners are managed by and act through their general partner, Carlyle Infrastructure General Partner, L.P., which we refer to as the “General Partner.” The General Partner’s sole general partner is TC Group Infrastructure, L.L.C., the sole member of which is TC Group, L.L.C. The managing member of TC Group, L.L.C. is TCG Holdings, L.L.C. Each of the Carlyle Owners and the General Partner is a Delaware limited partnership, and each of TC Group Infrastructure, L.L.C., TC Group, L.L.C. and TCG Holdings, L.L.C. is a Delaware limited liability company. The Carlyle Owners are a part of The Carlyle Group, which we refer to as “Carlyle,” one of the world’s largest private equity firms.

Interestingly, Synergo doesn’t appear to have a lobbyist registered with the Honolulu Ethics Commission, so just who is representing the company in the political infighting isn’t clear from this vantage point.

HRP 56, LLP was registered to do business in Hawaii in February 2011. It’s sole registered member is Valentine Peroff Jr, president/director of Steeltech Inc., a Hawaii general contractor. City documents show Steeltech is the contractor that would build the new facility of HRP 56’s technology were to be selected selected.

State business registration records also list Peroff as officer or agent for a number of other companies, including president of KCOM, a real estate developer, which has had a long list of trade names over the years, now expired.

HONOKOWAI MARKETPLACE
HONOKOWAI MARKETPLACE SHOPPING CENTER
HONOKOWAI SHOPPING CENTER
KIHEI BUSINESS RECORDS CENTER
KIHEI COLD STORAGE AND DISTRIBUTION CENTER
KIHEI MINI STORAGE
KIHEI SELF STORAGE CENTER
LIHUE BUSINESS CENTER
LIHUE GATEWAY
LIHUE MINI-STORAGE
LIHUE SELF-STORAGE
LIHUE STORAGE CENTER
LIHUE TOWN CENTER
LIHUE TOWN CENTER ANNEX

Peroff is also the principal in NANI KAHUKU AINA LLC, which has proposed running with the former Hawaiian Riveira project in Kau once planned by Charles Chidiac.

According to the Environment Hawaii newsletter’s September 2011 issue:

Now Peroff’s Nani Kahuku `Aina is proposing a new development, called Kahuku Village, for the area, much of which consists of barren, `a`a lava. Near the Mamalahoa Highway (the Hawai`i Belt Road), on the mauka portion of the land, the developer has promised to dedicate 125 acres to state and county agencies for “civic facilities,” which could include an elementary school, park, police and fire stations, and an emergency medical facility. Near the ocean will be a mixed-use village on 1,600 acres. Included in the development are 1,050 residential units, two hotels with a total of 600 units, a golf course, commercial area, and a 500-acre “Hawaiian Heritage Center” that “will be empowered to steward and preserve the site’s many resources.” The developer anticipates the project cost will exceed $1 billion.

Real estate records show HRP 56 bought the former Hawaii Raceway Park site at the end of 2011, relying on seller financing from AG/CW Raceway Owner II LLC, controlled by Angelo, Gordon Advisors LLC, a New York hedge fund sponsor. Peroff also has ties to the Weinberg Foundation.

Of course, it isn’t clear how these many interests are related to the HRP 56 sewage processing proposal at the city, or who is doing what to whom for what political reasons, but it’s all potentially part of understanding the story, and a starting point for future reporting.

Feline Friday: It comes with the territory (photos)

[text]Another week, another Feline Friday, even when I called in sick all week.

Today’s lesson: Cats are pretty territorial. Here’s a small example. When I went out on the deck yesterday afternoon to get a few feline fotos, Romeo was down in the yard. He quickly saw me and came running to the stairs. That sent both Duke and Annie into defensive positions at the top of the stairs, ready to block any intruder. It was an interesting standoff. Romeo, who is currently the Alpha Cat in the household, had to climb the stairs slowly and ever so cautiously, putting on deferential body language to be let through the defensive perimeter.

When Romeo is in the upper position, he is even more aggressive at checking out all comers, including the cats he’s lived with since moving into our house back about seven years ago.

Interesting….

–>Check out all eight of our Kaaawa cats in today’s Feline Friday gallery.