Sunday, June 18, 2017

Serious Indictments of the HART Rail and TOD Plan


Serious Indictments of the HART Rail and Oahu TOD Plan
The most important issue among many is the City sponsored HART rail project which will have many negative effects on the population and cultural society the majority of residents cherish and want preserved and protected. The failure of the HART Rail project to be financially unsustainable and a vastly over budget fiasco of national historic proportions is because it was never intended to be a commuter rail system but instead serve as a marketing tool and attraction for Transit Oriented Development.
These comments contain a list of counts against the City HART Rail and Transit Oriented Development to urbanize all of Oahu well beyond natural island sustainability into a Hong Kong future of vast overpopulation, crowded parks, beaches, high property taxes and fees intended to drive out local residents and the indigenous native Hawaiian community.

THE NUMEROUS SERIOUS COUNTS LISTED THAT REQUIRE STATE AND FEDERAL AGENCY INVESTIGATIONS
Listed Counts Involve – A long and established pattern of City Misrepresentation, Malfeasance, Lack of Fiduciary Responsibility, Coercion, Propaganda, Bribery, Graft, Conspiracy to Defraud, Breach of Contract, Racketeering, Perjury and Pecuniary Gain for the benefit of rail project Transit Oriented Development insiders cooperating in techniques and activity associated with organized white collar criminal syndicates identified under OCCA-RICO laws.
The FBI’s website puts it bluntly: "Lying, cheating, and stealing. That’s white-collar crime in a nutshell."  White collar crimes are summarized as financial crimes designed for pecuniary gain, with high dollar amounts, using techniques of racketeering, fraud, and misrepresentation including offenses such as Public Corruption and Bribery.
The Organized Crime Control Act or OCCA, RICO is a federal law that prosecutes perpetrators of white collar crimes where defendants commit at least two acts of identified racketeering activity. RICO law is directed at recognized racketeering activity, inherently wrongful and immoral behavior by elected or appointed public officials.

The City and HART breached the Full Funding Grant 
Agreement Contact in 2014.
Yet this was not fully evident until later when it was revealed that the Federal Transit Administration was withholding grant payments due to the City’s lack of providing due diligence and accountability of rail funds.
The Hawaii State Legislature passed a bill (Act 247) in 2005 that set .05% GET on Oahu only to use only for the construction of a mass transit system due to expire on December 31, 2022.
The FFGA agreement was to provide Federal funding ($255M first increment) and future Federal New Starts (Section 5309) Funds, Maximum $1.5 Billion, with City’s financial commitment of $3.4 Billion.

The FFGA is a contract, promise and agreement made with specific financial terms and revenue date of transit operation which because of extremely bad mismanagement and financial accountability has not been met. This also is a breach of the TRUST between the public and the city that they would have commuter rail service within a certain time period.  In addition, the rail tax was set to expire on December 31, 2022 because this was the amount of funding Hawaii State legislature agreed to and the amount the tax paying public was told would be the cost.
(EXAMPLE: If a contractor agrees to build a house for $500,000 within 6 months but later wants 4 times that amount and 6 years to complete the house, all reasonable people would agree this is an egregious outrage and breach of contract agreement. But not by City rail racketeers.)
The City defaulted on the FFGA agreement for two years unable to provide requested project expenditures while keeping this largely confidential from the public. Pursuant to the FTA Project and Construction Management Guidelines 2016, Section 2.3.5, this resulted in pleas by the City to the FTA for more time and eventually FTA requiring a “Recovery Plan” showing how the project would be conducted with the means of a budget, rather than totally out of control spending and a complete lack of accountability for two years.
In 2015 when rail began to have financial issues Council Chair Martin said ending the rail line at UH Manoa could be done if the city chose a new route and bypassed Kakaako and Ala Moana Center. “I’m sure they’ve done some of those preliminary studies already,” he said. “I would think the ridership would be more attractive going to UH-Manoa than it would be going to Ala Moana Center.” Martin also said the FTA may not require the city to reimburse it the $457 million in federal dollars already spent “because the work has already been done.”
The Billions MORE for Rail Has Become Personal Caldwell Agenda For His Political Rail Mafia
Continuous Misrepresentation, Malfeasance, Gross Misjudgment, and Lack of Fiduciary Responsibility
At this point at the beginning of early construction was a very serious sign of project Misrepresentation, Malfeasance, Lack of Fiduciary Responsibility and Gross Misjudgment that should have required an immediate and complete reassessment of all construction costs and financial budget. Instead attempts were made to hide this from the public which also had FTA asking questions about possible City misuse of TheBus funds for the rail project.
The city released the Draft Environmental Impact Statement (DEIS) only two days before the 2008 general election containing information that would have very likely changed the election outcome. The city deliberately withheld key information to early voters who had already cast their ballots for the mayoral candidates, and the city charter amendment related to the project.

AUDIT DESCRIBES FINANCIAL TRAIN WRECK

“HART’s financial and operating plans are not reliable or current.” “HART does not have an adequate contingency reserve.” HART could not provide documents to back up $120 million in utility costs and $45 million in project enhancements. A report by the Office of the City Auditor concluded. Honolulu Star-Advertiser, 16 Apr 2016, By Marcel Honore.

Concerned only about his political future and the demands of his Rail Mafia supporters sent a statement that said: “My focus is on building this transformational project as quickly and inexpensively as possible.” For Caldwell “inexpensive means NO PRICE OR COST TOO HIGH.

Auditors said they didn’t find documentation to support $45 million in project enhancements, including public highway improvements, backup generators and fare collection. And was maintaining vacant office space and repackaging station construction contracts without properly evaluating whether the move would actually save costs. Budget Chairwoman Ann Kobayashi, have expressed for years, saying they’ve been unable to get clear, accurate figures from HART.

 

Civil Rights violations of Weakest, Lowest Income citizens by Repressive, Regressive Taxation, Fees and Charges
Repression of Oahu citizens of low income, disadvantaged, elderly, retired, disabled, students under the onslaught of massively growing Repressive, Regressive Taxation, Fees and Charges to benefit Caldwell’s political future, paid off politicians, Rail Mafia beneficiaries and propagandists.
These civil repressions will invite many future civil rights lawsuits for unfair and unjust repressive, regressive taxation and extreme cost of living hardships for retired, elderly, low income workers, students and handicapped. The grossly over budget rail project benefits Caldwell’s personal political agenda and big rail contractors, land developers, unions with extremely high incomes while the low income citizens will SUFFER paying for decades.
Hawaii
  • Rank: 2nd Highest
  • Total Tax Burden: 11.27%
  • Property Tax Burden: 2.11%
  • Individual Income Tax Burden: 2.64%
  • Total Sales and Excise Tax Burden: 6.52% – #1 in USA


Breach of Public Trust Contract 
Skyrocketing Rail Cost, Highest Per-Capita In US Construction History. Oahu public did NOT vote for this massive personal income grab and Rail THEFT.

2016 HART CEO Horner said: “We may stop it downtown, we might stop at Middle Street., We wouldn’t just, without consultation; move forward with that kind of a number. That, to me, is certainly a community decision.” (However Caldwell and Rail Mafia have Oahu at gunpoint.)

NO– the tax paying community is NOT being given a chance to weigh-in on the skyrocketing rail costs that they DID NOT VOTE FOR. The entire rail project has come under the grip of Caldwell’s political gangsterism and the deep pocket propaganda of the Rail Mafia.

Caldwell LYING, Making Hawaii State Legislature into LIARS, Forcing Billions MORE in taxation for his own vain political agenda, now THREATENING Oahu home owners with higher property taxes for him and his Rail Mafia Agenda.

Martin told the Honolulu Star-Advertiser in 2015 that terminating the federal agreement would allow the city “to make more financially responsible decisions as to what course of action to take with respect to the project. We can’t continue to either extend the GET surcharge even further or, in the worst case scenario, have to raise real property taxes to pay for the project solely on the base of that (relatively small federal) obligation.”

Per-capita price for Honolulu’s rail line far exceeds projects across the nation,
Star Advertiser
As costs continue to climb, Honolulu rail remains by far the most expensive transit project per-capita being built in the U.S., a Honolulu Star-Advertiser analysis shows. The 20-mile elevated, driverless rail system will now cost about $4,049 per each Oahu resident (currently) to “complete” the project sometime in 2026-2030 “maybe”. Out of the 20 other major mass-transit rail projects in the U.S. receiving federal funding, the Silicon Valley Rail in San Jose, costs $732 per person.
LOW INCOME PAY MOST FOR RAIL, RAIL 
PROFITEERS PAY THE LEAST FOR RAIL
Victor Geminiani, executive director of the Hawaii Appleseed Center for Law and Economic Justice, said that the GET funding rail is a regressive tax that burdens the island's lower-income residents more heavily than its higher-wage earners. The 20 percent of the state's population earning the least money pays about 13 cents of every dollar to GET, while the top 20 percent pays 7.5 cents.
Before rail went over budget, the federal portion represented about 30 percent of the price tag. That percentage still represents one of the lowest Federal FTA shares of all rail projects. Currently it is becoming closer to 10-15%
Manipulating Rail Recovery Plan, Information to the public  
should trigger Federal Racketeering Investigation of Malfeasance, Lack of Fiduciary Responsibility, Misrepresentation, all tactics of organized crime. 
In 2015 HART chair Horner said the city will know costs when key outstanding bids come in. “I personally believe that we’re very close,” he said. “But I wouldn’t anticipate any more money than what’s in the five-year (Legislature) extension. That five-year extension should be the point where I would think that we, as a community, we’re saying, ‘We’ve invested enough in this project.’”
OVER AND OVER, CALDWELL MAKES LIARS OUT OF HAWAII STATE LEGISLATURE (It’s the payoffs?)
Mayor Caldwell and HART have been manipulating and misrepresenting to the 2017 Hawaii State Legislature and general public the exact terms and conditions of a Rail Financial Recovery Plan in order to save his political career and planned run for higher office. Caldwell needs the 2017 Hawaii Legislature to contribute MORE public funds A SECOND TIME so that he can say "Legislature voted for it ALL THE WAY so I must 'finish it.'" (Plan A) The Legislature Budget Chairs have stated “This will make us look like LIARS” (and FOOLS) to the Oahu Tax Payers.


FTA Region 9 Deputy Admin Edward Carranza said that City and HART MUST work on "Plan B" the “build to budget” scenario using $6.8 billion in revenues as its price ceiling. Plan A is a Mayor Caldwell politically "preferred" by plan, NOT specifically what FTA requires. FTA wants either a PLAN- A or B by April 30 as a Recovery Plan. The fact is the FTA WILL accept a Plan B. Mayor Caldwell as boss of the HART temporary CEO is deceiving the Legislature and public for his own political gain. Backing him with deep pocket Rail Mafia media propaganda  standing to gain profits for decades from endless funding blank check and lack of financial accountability.

Honolulu City Council chairman Ernie Martin said in a statement: “The FTA is very clear that they want us to build a project with $6.8 billion, regardless of whether or not it fulfills the “vision” approved by the voters. (In 2008 this “vision” by only 52% after spending $5 Million in tax payer funded propaganda lies and outright news media manipulations.)

KHON Reported :
In its letter, the FTA discusses the two options for rail: completing it to Ala Moana as planned, which could cost up to $9.5 billion, or building it as far as the $6.8 billion currently allotted for the project will allow. The FTA says it “recognizes that Plan A is the City and County’s preferred option,” however it wants both explored in case funding doesn’t materialize for the full line.
City Council chairman says fed money not needed, but HART and Caldwell want $1.5 Billion Honolulu Star-Advertiser  12 Nov 2015 By Gordon Y.K. Pang
City Council Chairman Ernie Martin said he’s tired of being told that the $6.57 billion rail project cannot be changed because the city is being “held hostage” by the conditions of a $1.55 billion federal grant. (LOGIC THINKING: Not using Fed Grant could SAVE BILLIONS for better project!)
Martin wants HART to consider saying, “Thanks, but no thanks” to approximately $1 billion in unused federal funding if it frees the city from constraints over routing and huge project costs.
“All I would ask you to (do) is you commit to have that discussion,” Martin said, “that the city look at the GET surcharge with the five-year extension, settle what costs we’ve already incurred with the federal government and not be bound by that agreement and not use that as an excuse for us to be held hostage.”
“The (Caldwell) administration … has always hidden behind the (federal agreement),” Martin added. “That’s not something I’m very comfortable with, using that as a crutch. I’d rather eliminate that particular crutch and let’s talk facts.” (FACTS don’t matter to Caldwell…)
Legislature Being Deceived, Made Into Liars, Fools, Public Cheated Out of Billions in Regressive Taxes and Fees for Caldwell’s political career.

Neal Milner: We Long Ago Stopped Trusting Anything About Honolulu Rail, Civil Beat
CALDWELL LYING VOODOO TALK – 2012 - “We've got the money.”

Kirk Caldwell Voodoo Talk -Honolulu Rail, 2012, Lying: “We've got the money.” https://www.youtube.com/watch?v=4d6NLNROz68
RAIL TAX EXTENSION - HART: “We have heard you loud and clear” as rail tax extension becomes law- KHON February 2016 Latest projected cost for the rail project is now at $6.57 billion. Oahu residents will continue to pay an extra half-percent tax for rail through 2027.
2017 HAWAII LEGISLATURE BEING MADE INTO RAIL MAFIA LAPDOGS, LIARS AND FOOLS (Maybe it’s the Payoffs?)
Does the Hawaii State Legislature or City Council members understand what BILLIONS mean?
10 Miles of Rail = Built for approximately $5 Billion- so far without any rail stations and without any electrical power system at all. That’s $500 Million a mile, nearly highest in world history.
$500 million cost divided by 5280 feet (one mile) = $ 94,700 US$ per foot or $ 7880 an inch.
Every year the costs projected by the HART Rail project consultant Jacobs Engineering have gone up by a Billion. Statistical models done by the firm tasked with management oversight of Honolulu’s rail project in 2014 showed that a 20-mile line from East Kapolei to Ala Moana could cost as much as $10.79 billion, significantly more than the $8 billion figure that federal and city officials had been using previously.  Know that the FTA consultant in 2009 estimated only a 10% chance of rail costs going to $10 billion! Each cost projection eclipsed year after year.
The City-HART are misusing the FTA FFGA to fund primarily a tourism land development promotion operation with insider lobbyists kicking back bribe payments to elected officials as “loans” or “campaign donations,” among other graft and bribery methods.

HART RAIL: UNSAFE AT ANY SPEED? Rail Could See Many Major Downtime Repair Issues Affecting Rail Ridership
The method that Kiewit used to attach the rail to the concrete guideway does not follow best tested transit industry standards. HART wanted to show Cost Savings on the project for publicity purposes. Because of the “cost savings” way that Kiewit installed the guideway, the rail attachment method is subject to failure, expensive long-term maintenance and clearly a safety issue.  The DC Metro has had similar problems with rail detaching or sliding.
Usually the rail is attached to a concrete surface on the guideway called a plinth. Kiewit eliminated the concrete plinth claiming cost effectiveness, and HART agreed. However, the solution has resulted in a potentially unsafe condition. Kiewit has substituted plastic material to serve as a "shim" rather than concrete to support the rail on the guideway. While this plastic shim has been used in other transit systems, the height of the plastic shim on the HART project is beyond tested tolerances. The thickness of the shims may cause the bolts anchoring the rail to be subjected to excessive shear under the dynamic load of the train. The multiple layers of plastic shim required to level the tracks may shift. When HART begins running trains derailments are possible.
Hawaii News Now: In a lawsuit filed, McCaughey said the Ansaldo company -- which is being paid $1.4 billion to build the trains and operate them -- cut corners by not hiring the required safety experts. "It's absolutely prevalent throughout Ansaldo joint venture. They do not have adequate staffing to meeting the requirements of this project," said McCaughey. "They didn't have it when I was working for them and they don't have it now." Questions raised include whether taxpayer money meant for the rail project is being diverted to other Ansaldo divisions outside of Hawaii. The Ansaldo parent company has had major issues with graft, corruption with top executives leaving and the parent company completely renaming itself “Leonardo.”
KHON September 9, 2016 - Whistleblowers, ex-staff speak out on rail cost and delays: The rail route to Ala Moana will easily cost $10 billion, according to people who have worked directly on the project. That’s a number engineers with direct knowledge of the actual contracts, change orders and payments say is likely. Swatta says while construction prices have risen, an equal if not greater portion of the cost hikes come from bloated administrative procedures, shelved and redone designs, changes HART asks for after contracts are written, and big unresolved cost and timing issues like utilities and HECO matters.
Swatta believes it could be another 15 years before HART rail is operational as planned. The FTA rail consultant believes a “maybe” operation by early 2026 but “possibly” (likely) longer. That’s also what ex-contractor staff believe and everything that has happened has proven that rail will cost FAR MORE and take MUCH LONGER than anyone is being led to believe.
Rail contractors and workers fearing retaliation wrote the board pleading for attention to cost overruns and safety concerns. They warned against the use of plastic shims on the guideway which the FTA PMOC federal oversight report notes have already begun to crack.
Because of very high HART rail job turner another engineer says people fear speaking up. Bart Desai got the boot from his job for Honolulu rail with one of the consulting firms after questioning changes and claims processes. Desai wrote a lengthy letter to HART and the FTA and sees the project topping $10 billion. “Based on the past history and the way that management is reacting and managing the project, there’s no way it will stop here, it could go up more,” Desai told KHON2.
Failed weld inspections on track work being done by Ansaldo and two rail car wheel assemblies called a truck, were rejected due to cracked welds.
FTA investigations of problems at DC Metro show what will happen when HART rail support
fasteners begin degrading and cracking during daily 24/7 heavy rail use. - major operational
expenses and commuter service down time. Trains making rumbling noises and vibrations
heard and felt in homes and businesses. Also potential derailments.
HART rail has already had to replace plastic rail supports because they were cracking. The
DC Metro uses thin concrete supports. Honolulu is using plastic supports. How long will
these really last under daily heavy rail operations? DC Metro experience shows rail fasteners
will likely will cause the same operations problems for Honolulu rail in the future. This will become a very expensive maintenance problem for HART rail making service unreliable.

 



Emails obtained by KHON document how HART city staff wanted consultants to take a multimillion-dollar change and break it down to pieces under $1 million each to avoid board scrutiny with staff saying HART’s deputy executive director was OK with that.
While HART touts the accomplishments of miles of guideway built to date, they fail or cover up the shoddy construction that raises safety and maintenance concerns when the system begins operations that may put the riders at risk. HART only recently mentioned, without details they refuse to release, the Westside guideway drilled shafts with columns sinking into the ground beyond acceptable engineering and construction tolerances.
Change orders totaling $15 million approved - Marcel HonorĂ©, Star-Advertiser, Mar 2017,    The full 20-mile route’s opening has been pushed to December 2025, but rail’s independent overseers have recently questioned whether that target is realistic. Kiewit’s latest $6 million will also go toward reinforcing underground sections of the West Oahu guideway near a channel that’s “more susceptible to erosion than originally thought,” HART officials said.
Back in April 2015, media reported that large cracks had developed along the concrete segments now under construction, the most recent incident in February 2016. While minor cracking is to be expected, these major cracks are obvious structural failures that are not acceptable and extremely expensive to repair without the replacement of the entire involved segment. This presents a safety and ongoing maintenance issue and what quality can be expected going forward for the next 14 miles? A train derailment would be a catastrophe.


Safety Hazards, Injury Lawsuits High Electrical Field,  
Electrocution Hazards leading To Safety, Injury Lawsuits

City and HART don’t care about lawsuits – all are paid by Oahu Taxpayers

Rail project saving $140M WITH HECO     By Marcel HonorĂ©   February 17, 2017

Local rail officials and Hawaiian Electric Co. say they’ve agreed to a "cheaper fix" for many of
the utility-line clearance problems that have plagued Oahu’s elevated transit project, saving about $140 million.

Under the new $61.5 million plan, which was unveiled at Thursday’s Honolulu Authority for Rapid Transportation board meeting, most of the overhead power lines running along the rail route’s first 11 miles from East Kapolei to Aloha Stadium would (maybe) stay put, and HECO crews would work on them using new, specialized trucks and cranes. “There are still some areas that will be challenging and some clearances that will be tight, but we think we can make it work.” said HECO. If doesn’t work means more expenses, change orders and rail down time.

HECO had warned rail consultants in 2009 that its workers would need clearances of 50 feet
to safely access high-voltage power lines near the guideway, but the issue was neglected until
2013 (So that concrete could be thrown up quickly and then huge change orders paid out later.) HECO needs as much as 50 feet of clearance for the “bucket” trucks that carry its maintenance crews to gain access to overhead lines, according to HECO. HECO crews have special protective equipment and safety precautions while rail riders will be directly exposed twice a day up next to high voltage power lines very close and directly over the elevated rail station platforms at the UH West Oahu and East Kapolei rail stations.   

Like plastic shims on the rail guideway, "cheaper fix" high voltage clearance means rail riders could suffer health issues (and possible catastrophic derailment) in the future- many of them college students, low income workers and native Hawaiians living on DHHL homelands and attending UH West Oahu using the two local HART rail stations.  All "cheaper fix" guinea pigs for daily high voltage EMF exposure and possible eventual liability lawsuits.

Daily access to East Kapolei and West Oahu rail stations will place riders directly under the greatest exposure, within 50 feet or less, to high voltage dual 138 kV and 46 kV EMF power lines. 3D simulated station shows stairs, elevators and overpass walkways from a major parking lot will place rail commuters directly under and in close proximity to high voltage EMF (Electro Magnetic Fields) on a daily basis twice a day as they commute.

Because they are elevated, people are much closer to the main dual 138 kV power radiation than someone walking below on the sidewalk. Being exposed to this radiation every day, twice a day, in humid air, rain storms and electrical storms could be very hazardous. Even the rail track has voltage running along it that can kill a person. The stations will be high voltage EMF fields. More voltage is created as trains enter and leave the station every few minutes.


HECO crews have many protective safety methods working within 50 feet of high voltage power. The average rail rider will have none and will be EMF guinea pigs. kilovolt - a unit of electromotive force, equal to 1000 volts. Expressed as kV. 46 kV = 46,000 volts. 138 kV = 138,000 volts.

Power Line Safety - Even a KITE STRING can conduct electricity and cause electrocution:
https://www.youtube.com/watch?v=xy7MWzctTm0


Manipulation Of The Public Trust, Elected Officials
Hawaii State Legislature, City Council, Neighborhood Boards. For Caldwell No Sense of Ethics, endless lies – or- It’s about pocketing A LOT OF MONEY!?


   Honolulu Star-Advertiser28 Feb 2017     Senators blast city leaders over rail funds
Senate Ways and Means Chairwoman Jill Tokuda grilled them on their budget accounting and laid out the Senate’s new rail measure. “Have you taken the time to dig through your very own budget to find the money without taxing your own taxpayer?”
House Finance Chairwoman Sylvia Luke (D, Punchbowl-Pauoa-Nuuanu) said the tax is among the most regressive levies that can be imposed on citizens. “It hits everybody from the working poor to retirees,” she said.
Luke said legislators would pursue some detailed fact-finding because what was a $5.26 billion project when the city first asked for an extension in January 2014 has now climbed to $8 billion. (And actually now much closer to $11 Billion currently.)
“A lot of the information we were given was not true, and knowing now that information was withheld from us, whether it was from the city administration or HART, for us that doesn’t matter,” Luke said. “If you’re going to be responsible in taking billions of dollars from taxpayers, I think it’s everyone’s obligation to make sure that the right facts are presented and things are not withheld. The city has lost a lot of credibility with the Legislature.”
Many Oahu residents “don’t want us to break our promise again,” she said, referring to the state’s 2015 approval of a rail tax extension after rail leaders said that would likely be enough.
“They think we’re liars” (and Fools)
“At this particular juncture, we still have not seen a number of things from HART and from the city,” Tokuda said. “We haven’t seen a functional budget, in terms of one that’s credible that they can hang their hat on. We have not seen an operations and maintenance plan or a plan regarding its sustainability.”
City Councilmembers unaware HART rail money in jeopardy,  KHON Nov. 2015
In a news release, the mayor said federal officials want to make sure there’s enough money from the city to build rail. So they’re withholding the next allotment for the project — $250 million out of $1.5 billion until the Honolulu City Council approves the general excise tax (GET) surcharge extension. (This means the City RENEGED and BROKE the FFGA Contract.)
In the mayor’s press release, he said it’s “critical” that the extension of five years is passed.
“Definitely I feel rushed. I feel threatened. It’s like, make this decision now or you won’t get your next payment,” Kobayashi said. “Do you think this is just another pressure tactic?” KHON2 asked. “I’m not sure what the mayor is thinking by doing this, but that’s how I perceived it,” Manahan said. KHON2 reached out to the mayor’s office several times today to ask the mayor about the FTA meeting, as well as the lack of communication and pressure tactic councilmembers were talking about. He agreed, then canceled.
However Manahan’s position has since changed, possibly because he has come into a lot of money and promises of political advancement from the Rail Mafia: “We need the Legislature’s support to invest in a better future with us (paid off politicians) and to recognize the role rail will play in improving the quality of life for the people (land developers and contractors) of Hawaii,” Manahan said.
Honolulu Rail and Mayor Textbook Example Of Public Manipulation, Lying by City Officials and HART Rail Managers
Rail mega-projects require massive lying to the public: see Bent Flyvbjerg, https://en.wikipedia.org/wiki/Bent_Flyvbjerg  An infrastructure project that exhibits at least two out of three bad outcomes: 1) Large cost overruns, 2) Long project delivery delays, and 3) Much lower usage than forecast.  Bent Flyvbjerg, et al. Delusion and Deception in Large Infrastructure Projects: Two Models for Explaining and Preventing Executive Disaster, California Management Review Vol. 51, No. 2 Winter 2009. HAWAII BUSINESS – How Much? http://www.hawaiibusiness.com/how-much-will-it-cost-us-in-the-end/
One of the flaws in megaproject development is strategic misrepresentation, or clever lying to the public and decision makers (such as the HART board members and the Honolulu city council members, none of whom have any expertise in large infrastructure projects and rail in particular.) Project funder FTA allowed the City to wildly misrepresent facts which simply fit the political line that the proposed 20-mile rail will cost $4.6 billion as applicable for the 2008 rail referendum. The FTA-sponsored report contained one point of truth: There is a 10% chance that HART rail will cost about $10 B. This is now 100% FACT.
The project vote got a marginal (50.6%) public support in a 2008 referendum. Hawaii’s typical “Gravy Train” system of inept, somewhat criminal “Hawaii project management” style has turned a $5 Billion taxpayer rail project a likely $20 Billion project delayed by 10 years.
FTA emails released under FOIA in 2011 revealed the FTA prediction that Honolulu WOULD screw the whole rail project up because of well-known government and political corruption and incompetence. FTA predicted in 2009 that there is a “10% chance” that HART rail will cost about $10.5 B. So back in 2009 FTA already KNEW the ACTUAL costs would be at least $10 Billion. At $500 Million a mile the full Ala Moana buildout will most likely be $20 Billion. Caldwell will be back many times for many more City and State extensions, taxes, fees and rate increases

Dismantling TheBus Service To Feeder Status,  Conspiracy, Coercion, Rejecting Less Expensive Alternatives-
Forcing Low Income People Ride Rail – Basically At Gunpoint – City and HART Reject At Grade Rail, Bus Rapid Transit, Expanding TheBus and totally ignore Smart Electric Vehicle Revolution
In 2016 HART's chief rail architect, Ken Caswell, left the project after seven and a half years.

PBN talked to one of the rail project's first architects, Douglas Tilden
One of rail’s first architects speaks out about elevated design Kathleen Gallagher PBN 2016

The Honolulu rail project has received a spate of criticism for its design, a 20-mile elevated train line that will separate downtown Honolulu from its waterfront. PBN talked to one of the rail project's first architects, Douglas Tilden, about his year-long experience on the project and why he left. In 2007, InfraConsult’s chief architect, Douglas Tilden took a look at the system and said the rail should be at grade and not elevated.

“There were so many light rail systems that could be emulated,” Tilden told PBN in a phone call. “Excellent projects that were carefully spent. It is nothing short of a crime to run it elevated downtown and I told them that. They argued that if you ran the trains at grade the traffic on the roadways wouldn’t allow for efficient service,” he said. “However, all around the world they do it and even if you believe that, you can’t justify the money they are spending. Light rail is significantly less expensive.”

“From a transit point of view, what they are doing is sheer lunacy,” he said. “The key goal of any transit system is to get the people interested by having it downtown first. Honolulu has made a huge mistake.” He concluded: “I think Honolulu will be a poster child for how not to put a transit system in the city...they couldn’t be doing it any worse, it’s mistake after mistake.”

Ansaldo Rail Cars Faulty – Parent Company Busted For Bribes, Corruption renamed Leonardo
TheBus is one of America’s best bus transit systems and has a 6% commuting trip share in Honolulu. Many of its routes will be eliminated or terminated at HART stations. Getting from Ewa Beach to Downtown in 50 minutes by TheBus for $2.50 sitting in a seat will be eliminated to make the HART trip 1 hour 30 minutes, three times as expensive and requiring three transit mode changes each way and likely not having a seat two-thirds of the time each way.
Caldwell and HART misuse the EIS statistic that rail is projected to remove 40,000 cars from the streets. The actual FEIS statistic says that rail “may” reduce car trips by 40,000 on Oahu when rail is completed (was 2019 but currently December 2025 “maybe.”) where HART rail may provide a 1 to 1.4% reduction. This for $500 Million a mile in current construction costs.
On a per-capita basis Honolulu Rail is the nation’s largest infrastructure fiasco by far. It is the worst design possible because it combines an intrusive and expensive infrastructure including 21 elevated stations, and a low passenger carrying capacity with over 60% of it as standing passengers.
City Ignored Many Warnings From Everywhere That 
Elevated Rail Construction Costs Would Skyrocket
Lingle independent financial analysis of project cost by IMG: will be more than the $5.4 B
2010: Outgoing Governor Linda Lingle releases an independent financial analysis of the project by IMG and Thomas Rubin which concluded that construction cost will likely be more than the $5.4 B projection, ridership projections were both very high and would require passenger loads significantly higher than that of any U.S. transit operator, future rail renewal and replacement costs were ignored, operating subsidies were significantly understated, and many projected revenues were significantly overstated. A highly accurate assessment 7 years ago!
Super Expensive Operations Cost,  
HART Rail Will Most Likely Be The Highest Annual 
Electric Bill In Hawaii History

Rail needs so much power that there’s a concern of how HECO can supply that. The train needs 30-50 megawatts, about what 15,000 homes would use at peak energy times.
Another major HART misrepresentation is that rail planners pretended that the rail is like an electric car and just plugs it into the city grid for “free.”  However, rail’s 30 MW to 50 MW power draw is a major requirement. The combined cost of substations, power generation and the still in limbo airport utility relocation tasks are likely to cost $500 Million none of the 21 stations constructed nor the second half of the project finalized.
Who will pay for the new HART substations and traction power plants required? How will line relocations be handled and paid for? Who’s undergrounding the wires and paying for that? Not to mention, what will the train’s power bill be for decades to come? With only about 15% of the project completed and only about half of the project gone to bid, In 2014 HART announced a $910 Million expected shortfall and lobbied the Hawaii legislature to extend the 0.5% surcharge from end of 2022 to end of 2027. This would be “enough” said HART and the City.
Super Expensive Final Segment Construction Costs  
 Rail From Open Farmland To Dense Low Sea level Urban Nightmare
While Rail encountered major cost overruns and change orders building in open flat farmland, the most incredibly difficult and massively expensive part of the project has yet to begin!
Next Major HART Rail Construction Phase A Total “Big Dig” Nightmare Costing Many Billions
Walter Dods recounts in his book that because of subsurface rivers the First Hawaiian Bank building took far longer than expected to build the foundation at $45,000 an inch in 1992. http://www.bizjournals.com/pacific/blog/2015/12/walter-dods-a-memoir-of-his-time-in-business.html
The second half of the HART rail project includes the extremely challenging at near sea level construction through urban Honolulu which is one of the densest US cities. With heavy construction for many more holes and pillars than required in West Oahu, debilitating lane and road closures downtown and near Waikiki will be extremely deleterious to general economic activity and tourism. Ground water only 2 feet below the surface known for underground streams, springs, crushed coral, iwi burials and unmapped sewer and water pipes. It will be an epic mess for the world to see what a huge inept transit fiasco the HART Rail really is.
By then KMurthy will be the next HART CEO casualty but will be given the contracted great Golden Parachute payoff by the Rail mafia. Then next CEO hired will of course again promise everything will be just great from that point forward. It’s really all about lying to the public and politicians getting their bribes to keep it going. Hawaii’s unethical government “at work.”

Traffic Mitigation 1-2 % For Insanely High $500 Million A Mile
Expected Payoff for $500 Million A Mile Rail – About 1% Traffic Reduction “Maybe…”
With an expected “payoff” of about 1% in traffic reduction on H-1 and the destruction of TheBus, once rated as the best in America  to now become a rail feeder forcing commuting times and costs to more than double. Bus, rail, bus seat changes TWICE A COMMUTER DAY (Honolulu Ansaldo rail cars have few seats – known in the industry as Cattle Cars.)
Meanwhile, Private Industry Will Be Providing The Traffic Solution As Rail Squanders Billions
Honolulu WILL actually reduce traffic congestion by more than 25% and reduced its dependency on oil by over 40% as Electric Cars are rapidly phased in as early as 2020. Honolulu burns oil to produce electric power for homes, businesses and for rail. As a result its electricity cost is 300% above US average. Rail Mafia policies promote oil-generated electric trains rather than PV powered electric vehicles.
HART rail can’t run on PV sun generated electrical power because of the high traction power demands of rail, especially at four car trains running night and day every 5 minutes. However, electric cars and buses can run all day over 200 miles after being charged by PV panels. Vehicles can be charged while they are parked. And then run for over 200 miles before recharging.
Why Energy & Transportation as we know it today will become obsolete
Google has never given a formal deadline, but has suggested it's working
on having the technology ready by 2020.
Toyota is looking to have a driverless car ready to go by 2020.
Volvo is aiming to make its cars "deathproof" by 2020
Nissan and Honda are committed to have a commercially viable autonomous car on the roads by 2020.
Daimler, the maker of the Mercedes-Benz, is aiming to have its driverless trucks
ready by 2020.
PSA Groupe, the second largest car manufacturer in Europe, is aiming to have
fully driverless cars ready by 2020.
Clean Disruption - Why Energy & Transportation will be Obsolete by 2030 - Oslo, March 2016
High Occupancy Toll (HOT) lanes created virtually by Smart Electric Vehicles. By 2020 this predicted future will be a reality because E vehicles are becoming computers on wheels guided by Artificial Intelligence, GPS, Collison Avoidance, etc. 30-40% increase in H-1 utilization.

Government Corruption, Destruction of Public Trust
The HART Rail is the greatest Corruption of Hawaii’s political system ever in history. Massive Loss of Confidence that government works
The rail tax is for Caldwell insiders to suck away money for decades using it to bribe elected officials. It creates an endless cycle of corruption and bribery corroding the entire government and political system AT ALL LEVELS.
They use that green, smart-growth TOD argument and then use the same mistakes that have been made in the last 30-50 years of American suburbia. That’s because the Rail Mafia and their goons are only interested in the MONEY. This is what CORRUPTS the entire Hawaii political system that will becomes an unsustainable moral and environmental bankruptcy.


Greatest criticisms of rail has been the city’s LACK OF transparency and public manipulation.

“The city has spent millions – $5 million just lobbying for people to vote ‘Yes’ said Councilwoman Ann Kobayashi. “They never gave the other side of the story, like how much it would cost – and in fact, they gave the wrong figure of the cost.  And they use city money for this.”

Kobayashi said the attitude of the city in moving forward was not limited to campaigning.  She said a meeting where someone had “brought up an alternative to rail, the mayor told them if ‘If you’re going to say that, have your own meeting’,” she said.  “They didn’t want any alternatives being discussed at this city meeting.  You know– there’s so much (payoff) money involved.”

In addition, in 2008 the City received criticism for releasing the Draft Environmental Impact Statement (FEIS) – a study that examined possible environmental and societal effects of the rail project – only two days before the general election, in which a city charter amendment on rail was to be voted on.  Kobayashi suggested then that it had been done to withhold information from early voters.
Graft is the personal gain or advantage earned by an individual at the expense of others as a result of the exploitation of the singular status of, or an influential relationship with, another who has a position of public trust or confidence. The advantage or gain is accrued without any exchange of legitimate compensatory services.
Behavior that leads to graft includes Bribery and dishonest dealings in the performance of public or official acts. Graft usually implies the existence of the lack of integrity that is expected in any transaction involving a public official.
Bribery is the offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties. The expectation of a particular voluntary action in return is what makes the difference between a bribe and a private demonstration of goodwill. To offer or provide payment in order to persuade someone with a responsibility to betray that responsibility is known as seeking Undue Influence over that person's actions. When someone with power seeks payment in exchange for certain actions, that person is said to be peddling influence. Regardless of who initiates the deal, either party to an act of bribery can be found guilty of the crime independently of the other.
A bribe can consist of immediate cash or of personal favors, a promise of later payment, or anything else the recipient views as valuable. When the U.S. military threatened to cancel a Texas relocation company's contracts to move families to and from military bases, the company allegedly gave four representatives in Congress an all-expenses-paid weekend in Las Vegas in January 1989, and $2,500 in speaking fees. The former president of the company was indicted by a federal Grand Jury in 1994 on bribery charges for both gifts.
HART's financial plans are not reliable (LIES), cost projections lack supporting documentation (MISREPRESENTATION), has no plans for operating and maintenance costs.
In Hawaii we have a Rail Mafia - there really should be a federal investigation using RICO racketeering laws. Racketeering is a minority of organized criminals using the government system for insider dealing and profiteering, stealing from and defrauding the majority of Oahu tax-payers.
City Auditor Edwin Young has claimed that rail officials tried to intimidate his audit team when they reviewed the rail authority's finances. In his audit, Young concluded that HART's financial plans were not reliable, that cost projections lacked supporting documentation, and that it had no plans for operating and maintenance costs.  April 2016
City audit calls HART’s finances, plans ‘outdated and unreliable’ KHON April 2016
The audit found several instances of HART projecting costs rising way higher than could be proven, while HART under-reported what its take of the GET surcharge would be. The audit says there’s no supporting documentation for $450 million worth of cost hikes for that. Some of the biggest problems ahead have to do with the unresolved power utility and relocation costs.
Huge utility agreements totaling more than $100 million weren’t even in the system’s forecast report. Another $46 million in “project enhancements” could not be supported either. HART turned over a handwritten escalator price guess of between $17 and $25 million. HART also paid $1.5 million to firms that lost bids without regard for their actual costs.
HART Rail forensic audit – never done

The city Auditor’s report further stated that HART’s latest cost overrun figures aren’t reliable — and that they’re likely to climb even further. April 2016
By this time (2028) rides from home to office will be in comfortable electric vehicles and rail will have next to zero riders. Previously it was predicted to have 1-1.4% costing $500 Million a mile.

Rail Land Profiteering Using FTA Commuter Transit Grant 
 - MORE LIES and MISREPRESENTATION “Commuter Transit” really a Loss Leading EXCUSE for Tourist Railway to Sell land, Condos, Make Insiders Super Rich

The age of 19th Century heavy SWSR is long over. The 21st Century is coming very fast with Smart electric vehicles. H-1 will see new virtual lane space created. This is the near future. All of the major Smart Money in the US and World are investing in it. The new views on this Tony Seba presentation are 1000 a day: https://www.youtube.com/watch?v=Kxryv2XrnqM
Empty countryside and valuable farmlands must be packed with housing tracts and high rises to create rail ridership projections, glut parks and beaches
The rail start is at KROC gymnasium out in the middle of former Ewa Plantation farmland fields. Instead of going down Farrington Highway into the actual “Second City” of Kapolei where many open city blocks remain for townhouses and business offices, rail is being built for tens of thousands of people yet to come to Oahu, yet to move into homes that have yet to be built.
The valuable farmlands will covered over in asphalt and concrete for a planned California suburbia with a fake Hawaiian name. The “Hoopili” EIS actually projects only an extremely small number of residents will actually ride the rail cars.
http://www.railripoff.com/wp-content/uploads/2016/08/kirk-caldwell1.jpg

Caldwell a well paid banker receiving up to $299,000 annually (2015 disclosure) and real estate lawyer who as elected mayor is gaming the system to benefit himself and insiders profiteering from public monies and at public expense. This indicates a high level of lack of ethics, fiduciary responsibility, personal profit motives, malfeasance and obvious conflicts of interest since rail is primarily about banking and real estate development. The Hawaii State Constitution prevents State employees doing this, but not the City- says City Ethics Board

‘No conflict’ doesn’t mean mayor’s bank post is ethical – David Shapiro              

Question to him: Unless he lays golden eggs, what could he possibly provide in an hour a month that’s worth $299,000 to Territorial other than political influence? The bank and its clients have a strong financial interest in everything the city does related to housing — planning and zoning, property taxes, building codes and permits, roads, rail and public works, among others. Civil Beat has reported that executives at the bank donated at least $25,000 to his mayoral campaigns. No conflict of interest? Caldwell and his wife, Bank of Hawaii executive Donna Tanoue, had joint income of at least $864,000 in 2015 and owned millions worth of stock from their banks.

Asked by Civil Beat - Why is rail being built? Newly hired HART CEO K. Murthy: "To promote development in West Oahu and make life easier for tourists..." HART Hires KMurthy As Interim Director For Rail Project, Civil Beat, 2016
Murthy, approved unanimously by the board Thursday morning, will be paid $400,000 for his year as interim director plus paid housing, transportation and relocation expenses. He also will be eligible for a 10 percent bonus if he meets certain goals required by his boss Caldwell. If Caldwell approves of Murthys “performance”  he will also get a generous Golden Parachute equal to his annual salary. Other Rail Insider benefits not publically disclosed.
25% Bribe – Rail Doesn’t NEED the Construction money, It’s really all about Real Estate Land Sales
Rail is really just a real estate land development scam, not a commuter system. It doesn’t really matter HOW LONG it takes to build. The requirement is for the ENDLESS MONEY- BLANK CHECK. Then HART Chair and banker Don Horner had the HART board go into executive session and suggested that in order to get the rail tax extended they should offer the legislature a 25% cut!!! What does that say? That says the MONEY is in the real estate deals and rail is just a LOSS LEADER to sell property!
Rail Creating Unsustainable Overdevelopment, Leaving Hawaiian, Going Hong Kong (Rail not a SOLUTION, Rail is THE PROBLEM.)
Communist Party of China Sinking Money Into West Oahu Lands For Mega Resort Connected by FTA - Oahu Taxpayer Paid Tourist Railway

China Oceanwide Holdings Group was founded in 1985 by Mr. Lu Zhiqiang,  the founder, legal representative, Communist Party secretary, and chairman of the group, as well as a member of the standing committee of the 12th Chinese People’s Political Consultative Conference, vice president of the China Non-governmental Chamber of Commerce, deputy chairman of the Oceanwide Foundation, deputy chairman of the China Foundation for Guangcai Program, and deputy chairman of the China Minsheng Banking
Heavy Elevated Rail Being Built For Big Land Development Tourist Brochures, Videos – NOT Commuter Service. Rail Mafia insiders fraudulently using FTA commuter rail money to create attractions for China Oceanwide Holdings and their Mega Resort Plans in West Oahu.
This new major project would be the first of its kind in Hawaii and the U.S. Described as being similar to Atlantis The Palm, Dubai, which has a waterpark, an aquarium, a dolphin encounter area and sea lion park. It also has more than 20 restaurants, a nightclub, spas, salons and a fitness center. There will be LOTS of Chinese money to grease the palms of Hawaii politicians!
So now you know the BIG CHESS GAME RAIL CON JOB BY WEST OAHU LAND DEVELOPERS. The truth is, rail is being built to sell West Oahu land, not as a commuter service as was promised to voters. The whole project has a long history of lies, public manipulation and misrepresentation. Currently the City and contractors are lobbying the State Legislature to make them culpable in crimes against Oahu Taxpayers. Leeward Shore to become EXPENSIVE.
Environmental Groups bought off to be fronts for approving rail as “Green” and “Smart”
Although HART, Blue Planet and the Soldout Club makes a big deal out of Transit Oriented Development, DR Horton’s own EIS reveals that each station will generate the equivalent of only two busloads of passengers for the rail in the peak hour.
“In the rail project’s Environmental Impact Statement the city projected approximately 120,000 daily boarding’s by 2030. They also projected an increase in daily public transit trips from 184,700 to 282,500 with transit’s share of all trips on the island rising marginally from 5.7 percent to 7.1 percent from 2007 -2030.” (The EIS is loaded with lies and gross exaggerations.)
(The EIS was done a decade ago by Parsons Brinkerhoff and has been proven to be wildly wrong. Parsons Brinkerhoff also did the projections for San Juan, PR rail.  By late 2005, however, ridership had fallen to 24,000, less than one-third of the 80,000 projection and well below the projection of 110,000 for 2010) Honolulu has far fewer transit dependent commuters than San Juan where most people don’t own cars and don’t have reliable bus service.
Tren Urbano is currently made up of a single rapid transit route like HART. It consists of 16 stations, ten of which are elevated, four at grade or in open cuttings, and two underground. Ironically, the Tren Urbano goes mostly through suburban stations designed to handle three permanently coupled pairs (6 rail vehicles). HART plans 4 coupled rail vehicles.
The agency overseeing Honolulu rail’s construction is relying on outdated financial figures and budgets, and it could take steps to complete the project more “economically, effectively and efficiently,” a city audit has concluded. – April 2016
“Rail skeptics are justified in questioning whether it’s worth spending $8 billion to $9 billion to build a system that only shifts 1.4 percent of trips from cars to transit.” (However they need to lie to the public so that they believe in two decades when there are massive land developments and unsustainable populations that rail ridership may finally come close to what we guess will be the ridership that PB wildly misrepresented.)
Clearly this agenda is supporting lots of land development over the next decade by turning Oahu into Hong Kong with every rail and bus stop a “Transit Oriented Development.” The Oahu General Plan update is actually proposing to cover Oahu in TOD’s.
Then the REAL hype:
“With the city’s current plans to run trains every five minutes during peak hours and 10 minutes during off-peak hours, the system could accommodate over 300,000 daily boardings.” (Only when West Oahu becomes like Hong Kong.) This is a totally useless statistic. It IGNORES the major trends in self-driving electric vehicles and an unsustainable over population.

“The city could develop high frequency express bus service connecting Leeward, Ewa and Central Oahu communities to the rail system, and connecting Windward Oahu and East Honolulu to the Urban Core.” All of this has been going on for years with TheBus. Rides from Ewa Beach to Downtown in 50 minutes using the Express E bus and Express traffic lanes.  The major trends in self-driving solar charged electric vehicles coming now will totally nullify and transform ALL FUTURE H-1 TRAFFIC AND TOD PROJECTIONS.

“An expanded public transit system could handle over a million daily trips, putting an end to traffic congestion, improving mobility, reducing CO2 emissions, and saving Honolulu’s households hundreds of millions of dollars annually.” More useless Yack for a Rail Mafia paycheck. The Age of Smart Electric Vehicles Is At The Doorstep. How can the Rail Mafia stop it? The Rail Ridership projection insanity assumes Oahu residents all hope for Tokyo Hong Kong standup train trips.

To achieve developer dreams of 300,000 daily boarding’s requires the destruction of prime agricultural land on Oahu. This is really “environmental” for groups that get their money from Rail Pushers. DR Horton’s 12,000 California style suburbia home development includes two rail stations paid in part by FTA which claims no mitigation responsibility even though the legal NEXUS is obvious.
Vancouver Provides The BIG MODEL For Honolulu To Follow According To Rail Mafia: Metro Vancouver Regional District 2.463 million population connected to all of Canada and the US. Does this sound like Honolulu’s ridership market in the middle of the Pacific Ocean? Will tourists arriving at the HNL airport with baggage want to walk way over to get onto a standup rail cattle car to go to Ala Moana, or instead, into a comfortable limousine or free air conditioned passenger van taking them directly to their hotel or car rental? Tourism rail ridership is over exaggerated like all the other highly exaggerated HART ridership numbers.
Everything rail is based on a Hong Kong or American suburbia development scheme leaving Oahu a wasteland of political corruption and unsustainable bad environmental "planning."


PRP Move Oahu Forward rail propagandists have tons of money from rail profits to elect goon politicians and run endless ads night and day everywhere because they have been making huge amounts of money from sucking rail tax money out of the helpless public under the control of the Rail Mafia. Not what this island of under 1 Million wants, needs or can ecologically sustain or pay for. In fact there are only around 400,000 actual tax payers on Oahu!

West Oahu Campbell Estate land developers have no sense of the Hawaiian Konohiki Ahupua’a Responsibility and are the ones who created ‘the Second City’ in West Oahu by transforming agricultural land into development lots covering PRIME farmlands.  They are creating sprawling suburbia without sustainability.  You can’t take this and add an elevated rail system and pretend that solves the traffic problems.

Beaches and parks already overcrowded. Ground water within 2 feet of the surface. Cesspools leaking everywhere into shoreline swimming areas. And the Rail Mafia has massive expansion plans with high rises everywhere for rich, which is why the rail is being built - to sell overdeveloped lands to mostly rich foreigners and drive out the local residents and families.


Contract Fraud, Perjury, Malfeasance, Jeopardizing Public Funds in Future Lost Infrastructure, Negligence,

Lack of Emergency Disaster Contingency Plan, Project in Predicted Tsunami Zone


Natural Disasters Coming TO HAWAII As Forecast By FEMA, NOAA, UH-SOEST

Building in known floodplain disaster area is careless, reckless and an act of criminal negligence if not a total lack of Fiduciary Responsibility by elected officials.

The City-HART are misusing the FTA FFGA to fund a primarily tourism land development operation for insiders kicking back bribe payments to elected officials as “loans” or “campaign donations” among other methods. Future rail-TOD lands will be submerged.

The City and HART Rail are risking FTA Federally Funded Assets in Identified Disaster Zones

Map showing the route in Tsunami Evacuation Zones: http://frenzel.us/images/tmaprail.jpg
At least seven HART rail stations are in sea level 2010 Tsunami Evacuation Zones as well as hurricane storm surge flooding and identified Sea Level Rise areas causing permanent loss.


Why is the City and HART building rail stations and Transit Oriented Development right next to the Oahu shoreline? Florida is already building one story higher local roads and streets.

The Hawaii State Legislature “recognizes that climate change poses immediate and long-term threats” yet why is the City, with State Office of Planning support, developing Transit Oriented Development in projected Sea Level Rise, Tsunami Zones and Hurricane Storm Surge Flood Areas according to City, State and Federal FEMA maps? Makes no sense – but this is Hawaii.

"The XTEZ does not replace the current tsunami evacuation zone; it adds a second zone for a
potential XT event." The XT Event is a massive expected Aleutian or Pacific Cascadia tsunami.
All kinds of Federal advisories, POTUS EO's, the US GAO policy research for the US Congress shows this is VERY BAD POLICY if not outright ILLEGAL ACT that the FTA is allowing HART rail to proceed without a new SEIS which would save BILLIONS in lost infrastructure in the next big tsunami, hurricane storm surge or eventual Sea Level Rise.

This was all greatly detailed in US DOT and FTA studies as the "Lessons of Hurricane Katrina and Hurricane Sandy" before HART rail began construction. The Honolulu Tsunami maps show HART rail's fourth segment is in a tsunami flood zone since 2010.

LIES and PERJURY: To Obtain ROD and FTA FFGA Grant
HART Rail Final EIS Committed Perjury and Fraud To Get $1.5 Billion

A new Supplemental Environmental Impact Statement (SEIS) to choose a safer route should be required based upon all of the best science and engineering evidence. Here’s why:
The Final EIS did NOT evaluate the Project as being in an identified Tsunami Evacuation Zone, which Federal advisories now also identify as flood zones. Flooding by any means is a flood.
Appendix J, FEIS, June 2010, includes a summary of the Project’s relationship to land use plans, policies, and controls as documented in the Final EIS and technical reports completed for the Project.
We are extremely concerned that the June 2010 Project FEIS specifically states in Appendix J,  Section 1.3, Coastal Zone Management Program, Chapter 205A, Hawaii Revised Statutes, Page 6 and again Appendix  J , Section 2.6, Special Management Area, Page 80, that “The Project is not located in a tsunami evacuation zone”
RAIL TOD FLOOD ZONE: Human Lives and Billions Lost Ignored By FTA, HART and City Mayor


Spending BILLIONS to build HART rail and TOD’s in these very same low sea level zones that will suffer billions of dollars in future infrastructure damages is an irresponsible act wasting Federally funded assets and endangering the lives of thousands.  The City has NO MITIGATION FUNDS, PLANS, or EMERGENCY CONTINGENCIES  for the loss of this critical publically funded infrastructure.
Further, under Coastal Hazards, Table 2,  Page 9, Objective,  “reduce hazard to life and property from tsunami, storm wave, stream flooding, etc,” Policies: B, “Control development in areas subject to storm wave, tsunami, flood, etc ,” This box is checked Not Applicable.”
Based upon the fact that 2010 City Department of Emergency Management Tsunami Evacuation Zone maps were published and available at the time the 2010 Final EIS was published leads to a troubling conclusion that the FEIS intentionally omitted this in two separate areas of Appendix J in order to obtain a favorable FTA ROD to commence immediate construction. The low sea level route and station designs have NOT YET been finalized.
There has always been an Alternative 4A Route which the Project had previously evaluated which would have entirely avoided all of the 2010 and 2015 Tsunami Zones with the exception of the downtown, Kakaako and Ala Moana area. Further, the major 138 kV powerline issue requiring relocation and/or undergrounding could also have been avoided.
However Alternative 4D along the shoreline was instead chosen as the preferred route placing a significant part of the Rail Project into low sea level Tsunami Zones and into the Dillingham power lines. Sea level rise will continuously push the high ground water table ahead of the creeping ocean level. All best science and engineering documentation clearly show this will be a hugely expensive disaster in every way possible with loss of FTA funded rail infrastructure.
There is very great potential for harm to human lives and loss of billions in property and critical transit infrastructure from the badly chosen Alternative 4D route.
Relevant CFR’s:
In §771.130   Supplemental environmental impact statements, part 2 states: (2) The Administration decides to approve an alternative fully evaluated in an approved final EIS but not identified as the preferred alternative. In such a case, a revised ROD shall be prepared and circulated in accordance with §771.127(b).
In §771.130 (e) A supplemental draft EIS may be necessary for major new fixed guideway capital projects proposed for FTA funding if there is a substantial change in the level of detail on project impacts during project planning and development. The supplement will address site-specific impacts and refined cost estimates that have been developed since the original draft EIS.
In addition is it further greatly troubling that the City and FTA are actually assisting and encouraging Transit Oriented Development (TOD) within both 2010 Tsunami Evacuation Zones as well as the updated and expanded 2015 Extreme Tsunami Evacuation Zones.  These plans virtually ensure widespread loss of billions in critical infrastructure and potential deaths of hundreds of rail passengers and TOD business operators and employees who could be trapped in a locally generated earthquake tsunami event.
City Department of Emergency Management data supplied for these evacuation zones state "Vertical Tsunami Evacuation - Evacuate to the FOURTH floor or above in a reinforced concrete or structural steel building of TEN stories or more. All others, evacuate inland to higher ground."
The Project is further directly encouraging commercial development in identified tsunami zones that are widely predicted by scientists to become future disaster areas. The City and FTA encouragement to construct in best science identified disaster zones will also likely result in major litigation against the City and the FTA in the future after a major disaster.


Not only is Honolulu widely regarded by experts to be long overdue for a major tsunami and hurricane, all current best science predictions show greatly increased probabilities of more powerful future storms, likely accelerated sea level rise and the major threats of the San Andreas and Cascadia faults producing huge Pacific tsunamis. The City DEM 2015 Extreme Tsunami Evacuation Zones were a result of predictions for a Great Aleutian Tsunami which adds a further major tsunami threat.
4-143,– Environmental Analysis, Consequences, and Mitigation states:  Flood Zones - Protection of floodplains and floodways is required by Presidential Executive Order 11988 (USEO 1977); USDOT Order 5650.2 (USDOT 1979); the Federal Aid Highway Program Manual (FHWA 1992b); and 23 CFR 650 (CFR 1999). These regulations place special importance on floodplains and floodways and require Federal agencies to avoid conducting, allowing, or supporting actions on a floodplain or within a floodway. If a project is located within a floodplain or floodway, results from sufficient analysis must be included in the project’s Final EIS, as specified in USDOT Order 5650.2.
Big Rains will SHUT DOWN Rail Transit, as will hurricane storm surge and tsunamis. Entire area is in FEMA Flood Zone. HART Rail LIED and said project NOT in Flood Zone to get FTA $1.5 B.

http://www.civilbeat.org/2016/07/sewer-spills-road-closures-handi-van-problems-in-darbys-wake/  Middle Street Transit Center Flooded By Hurricane Darby, Civil Beat

Roger Morton, head of Oahu Transit Services, said 13 city buses for disabled people are
out of commission this week after getting flooded Sunday evening while parked at the Middle
Street Transit Center. He doesn’t know exactly when they will be back up and running but
hopes that will occur within a week after the city orders and receives new parts.
Sand Island WWTP will be a DISASTER after a REAL STORM, Tsunami... Honolulu on the EDGE

Tens of thousands of gallons of wastewater also spilled in nine separate incidents as a result of the storm. Department of Environmental Services Director Lori Kahikina said the city’s sewer system is not built for the volume of water that entered the wastewater pipes last night.
In Honolulu HEAVY RAIN shuts down everything. Imagine a Hurricane or Tsunami!

NEW SEIS: City Building Rail, Stations and TOD’s 
In Identified Disaster Areas, Will Require A New Supplemental Environmental Impact Statement
Caldwell Rail HIDING FACT: – NEW RAIL SEIS WILL BE REQUIRED
Ending the rail line at UH, Martin said in 2015, could be done if the city chose a new route and bypassed Kakaako and Ala Moana Center. “I’m sure they’ve done some of those preliminary studies already,” he said. “I would think the ridership would be more attractive going to UH-Manoa than it would be going to Ala Moana Center.”

However, Rail to Ala Moana is a Caldwell Rail Mafia Agenda and they do NOT CARE that the entire infrastructure is in a KNOWN DISASTER ZONE
Zillow map shows $20 Billion Real Estate Loss where HART building RAIL-TODs
Nearly 40,000 homes, $25 Billion in real estate loss
Considered Hawaii's and one of the world experts on Sea Level Rise, Dr Chip Fletcher, UH SOEST says no matter what anyone does now- it's too late already. At the World Conservation Congress he said Hawaii can expect 1.5 meters of SLR. Keep in mind- with SLR comes an ever more advancing ground water table, 100's of yards inland, pushed by the sea. Fletcher said: There is NO WAY to prevent the rising ocean. It's coming... Need to start adapting ASAP.

The Caldwell Rail-City TOD policy - build rail as soon as possible in low sea level coast lands so that realtors and developers can profit before long, long delayed City and State Sea Level Rise policies are adopted. Lands can be sold to buyers without required vulnerability warnings.

Do The Math HART: 1.5 meters = 5 Feet! HART Rail Sea Level Rail Route Disaster - Stations and TOD's in swamps or under water. A great FTA and City TOD investment for 25 years?
Caldwell and the Rail Mafia don't care- they will continue to spend and pocket BILLIONS
Ahead of the Tide – Chapter 1: Florida’s Lifeblood – Hawaii’s Lifeblood

Goodin: Climate Change and Sea Level Rise: Potential Impacts on Real Estate

************************************************************************
Build To Budget: City, HART Refuse To Save Oahu Tax-Payers Billions By “Build To Budget” As FTA Advises In Letters

City and HART Want Billions MORE and NOT “Build To Budget” Cost Savings

48 seconds in HART Chair Hanabusa goes over in detail the OPTIONS FTA is offering to keep the full $1.5 Billion and "Build To Budget."

Letters between FTA, CC, Mayor, etc. where everyone agrees to "Build To Budget."

Now its become a Steal-on, Steal-on Rail Mafia Lying And Self-Serving Racketeering Operation

It's become a Rail Mafia - there should be a federal investigation using RICO racketeering laws. This is a minority of organized white collar criminals using the government system for insider dealing and profiteering, stealing from and defrauding the majority of Oahu tax-payers.

Oahu General Plans propose all Oahu as a TOD. Everything based on Hong Kong land development and leaving Oahu as an unsustainable wasteland of corruption, desalinated water and bad environmental "planning." No concept of sustainable limits – just MORE.

Beaches and parks already overcrowded. Ground water within 2 feet of the surface. Cesspools leaking everywhere into shoreline swimming areas. And the Rail Mafia has massive expansion plans with high rises everywhere for rich, which is why the rail is being built - to sell overdeveloped lands to mostly rich Asians and other foreigners.

The age of 19th Century heavy SWSR is long over. The 21st Century is coming very fast with Smart electric vehicles. H-1 will see new virtual lane space created. This is the near future. The new views on this Tony Seba presentation are 1000 a day: https://www.youtube.com/watch?v=Kxryv2XrnqM


Already everywhere the public is growing increasingly upset about losing EVERYTHING that made Oahu a great place to live. The City and HART want overcrowded parks and beaches, knowing cesspools are leaking into the 2 foot ground water as the ocean creeps inland.


City Lied In Farmland Protection Form To Avoid Section 4f Farmland Mitigation – Falsified Federal Document

Rail is a land development scheme and to build rail and cover farmland in asphalt and concrete Parsons Brinkerhoff rail contractor in 2008 falsified Federal document - NRCS-CPA-106

Rail is a land development scheme. Look at the three stations and TOD's in West Oahu- all being built on farmland. The best farmland on Oahu is being totally destroyed and paved over by rail induced land development. This was well documented best farmland on Oahu by all State of Hawaii agricultural maps and agriculture experts. Historically this farmland was Ewa Plantation, the most prosperous sugar plantation in the Hawaiian Islands that existed for over 100 years.

Kioni Dudley, Friends of Makakilo, Save Oahu Farmlands,  has brought up the issue to FTA of the “Farmland Conversion Impact Rating” (NRCS-CPA-106) done by rail contractor Parsons Brinkerhoff and how false and fraudulent it appears based upon all the evidence. The most disturbing and KEY POINT is that tax-payer funded research for a Federal transportation projected was FALSELY MISREPRESENTED in order to proceed with construction without Section 4f mitigation as required by law.


WEST OAHU CALIFORNIA SPRAWL WITH “Ho’opili AESTHETIC COLUMN” AS “Mitigation.”

There is much more to the Hoopili Farmland Rail Corridor Lie but here is one example going back to 2008 in order to get the FTA ROD and FFGA- $1.5 Billion, The NRCS CPA-106 form as filled out by FTA – City rail contractor Parsons Brinkerhoff for the NRCS (USDA National Resource Conservation Service.) NRCS says that form CPA 106 must be used for corridor projects like rail. Part IV of the form says that 78 acres are Primeand Unique farmland. In part V it rates the land farmland value as 93 out of 100! (That is NRCS, not the FTA City rail contractor.)



Then where FTA City PB contractor comes in part VI, the farmland is rated as incredibly LOW FARMLAND VALUE!

This total of outright lies by FTA City- Parsons Brinkerhoff then arrives at 27 so that the Total Farmland Value Score is: 120!  If there was a rating of 160 or higher would trigger a protection alternative. However the rail agenda was controlled by powerful politicians who required lie after
Big lie in the Final EIS document to get the FTA money and start construction.
Other farmland experts have shown clearly that this was a major falsification. Because of this single falsified rating the FTA City rail project approved destroying the best farmland on Oahu and paving it over with crushed coral and asphalt for Transit Oriented Development.

Note the CPA 106 justification for this is that the property is "slated for development." However at that time in 2008 there had been no final land use decisions enacted or court cases decided.

Dr. Kioni Dudley did an excellent job showing what a total fraud was committed by the consulting engineers - Parsons Brinkerhoff when they rated this farmland as low quality, below average- so as not to trigger any Section 4f mitigations.

The rail project is loaded with outright lies and misrepresentations, particularly in West Oahu- all to benefit land developers who mitigate NOTHING. It's all a big LAND con.

$500 Million a mile to take less than 2% of the cars off the H-1 and by 2020-25 Smart self-driving electric vehicles will be freeing up lane space and creating virtual hot lanes.
Keep in mind the MINIMUM the HART rail expects to have a working rail system "as planned" is Dec 2025 and most likely after $20 billion spent it will "maybe" be 2028-29.

With prices escalated by the Jones Act requirements, and the nation’s fifth worst unfunded pension liability according to The Economist [8], the future is worrisome: At best Honolulu will experience large increases in taxes and congestion, at worst those plus bankruptcyThis textbook megaproject failure orchestrated by business interests and unions, supported by misguided environmentalism got Honolulu railroaded in the worst possible way.

Misuse of Public Infrastructure Funds:  
Honolulu has a $5 Billion consent decree with the 
EPA for secondary sewer treatment

Honolulu has a $5 B consent decree with the EPA for secondary sewer treatment and will almost certainly LOOSE the Sand Island Waste Water Treatment Plant in the next big tsunami or hurricane storm surge. Much of Honolulu will be unable to flush toilets in any of the downtown offices and fancy expensive condos. The rich, famous and tourists will all head for the crumbling third world airport to get away from Honolulu. This before rising ground water floods cesspools in urban Honolulu making local beaches places for catching viral diseases. Great “urban planning” by the mayor and DPP.
War, Tsunami, Hurricane, Sea level Rise: Honolulu Has Massive Liabilities and No Major Disaster Contingency Plan. FEMA Disaster funds running out Puts Honolulu in Financial Hole
HART has no required flood variance for the 10 mile WOFH section On Mon, Oct 17, 2016 at 9:38 PM, Natalie aka Bike Mom <the-green-one@hawaii.rr.com> wrote: During today’s meeting, Art Challacombe asked why there is no flood variance for the WOFH contract.  He mentioned that the FEMA flood maps have been out for a while, and a flood variance is required from DPP.

Rail agency OKs $8M for added work,  Marcel Honore - Honolulu Star-Advertiser http://www.staradvertiser.com/2016/10/18/hawaii-news/rail-agency-oks-8m-in-added-work/

Honolulu rail leaders approved $8.3 million in leftover change orders Thursday — cost increases related to delays and premature starts that hit the project’s first 10 miles.

Part of that amount will also help cover the design revisions needed after rail officials decided to include overhead canopies at the future rail stations that resembled Polynesian sails. The move was aimed to save costs, but officials later realized that in heavy wind the canopies would act like actual sails — and they would create heavier loads than the stations were designed to handle. HART has also already purchased millions in rail station artwork without a single station yet constructed. Who will be looking at it? Will there be 24/7 security guards?


“There are similar unresolved issues for the airport guideway. This is absurd, that we’re still facing these kinds of issues.” Hanabusa said Thursday. Hanabusa later left to run for office.

HART’s board plans to announce its interim executive director at its next meeting, Oct. 27. Board members selected him from five candidates, acting Executive Director Mike Formby said. Formby then later resigned his City DTS director position “to seek new opportunities.”

The Economist, Pensioners Are Pushing Many Cities and States towards Financial Crisis, http://www.economist.com/news/united-states/21582282-pensioners-are-pushing-many-cities-and-states-towards-financial-crisis-who-pays-bill, 2013.


City HART Intentionally Avoiding Federal DOT Advisory's
Rail and City are Ignoring DOT “Best Practices,” Federal Climate Change Guidelines, “Lessons from Hurricanes Katrina and Sandy,” putting Billions of Infrastructure built with Federal DOT-FTA funds In Disaster Zone Jeopardy
Improved Federal Coordination Should Facilitate Use of Forward-Looking Climate Information in Design Standards, Building Codes, and CertificationUS General Accountability Office
The houses we live in, buildings we work in, and roads and bridges we use daily are supposed to be built to last—whatever the local forecast has in store. Design standards and building codes generally use historical climate observations. Forward-looking climate information would help account for the changing frequency and intensity of extreme weather. – US GAO
Continuing to build with current standards and codes could cost the government billions of dollars in repairs, flood insurance, and disaster relief. We recommend that federal agencies work together to provide forward-looking climate information for consideration in standards and codes. – US General Accountability Office
A National System Could Help Federal, State, Local, and Private Sector Decision Makers Use Climate Information – US General Accountability Office

Many federal efforts are under way, but the climate information needs of federal, state, local, and private sector decision makers are not being fully met, according to recent GAO reports, National Academies and other studies, and interviews with stakeholders. The November 2013 Executive Order 13653 on Preparing the United States for the Impacts of Climate Change calls on federal agencies to work together to provide authoritative information on climate preparedness and resilience. GAO's February 2015 High-Risk update found that federal, state, local, and private sector decision makers may be “unaware” that climate information exists.

Problems with Hurricane Sandy Transit Grant Selection Process Highlight the Need for Additional Accountability – US General Accountability Office

In October 2012, Hurricane Sandy hit the Mid-Atlantic coast causing severe damage to transit systems in the New York City region. In response, the Disaster Relief Appropriations Act of 2013 provided approximately $10.9 billion for FTA's response, recovery, and resilience efforts. In December 2013, FTA announced discretionary grants to be awarded on a competitive basis for projects to increase the resilience of transit systems to withstand future disasters in the Sandy-affected areas. In November 2014, FTA announced 40 projects selected to receive about $3.6 billion.

HONOLULU IN EXTREME TSUNAMI EVACUATION ZONE – RAIL, TODS IN DANGER

Honolulu Vertical Tsunami Evacuation - Evacuate to the FOURTH floor or above in a reinforced concrete or structural steel building of TEN stories or more. All others, evacuate
inland to higher ground.

Go To Higher Ground - If you are near the shoreline and feel an earthquake, immediately head to higher ground outside of the evacuation zone. (On a rail guideway HOW do you evacuate traveling ALONG a corridor that will all be subjected to a coastal tsunami? Especially if the
electricity is knocked out?)
The Oahu tsunami evacuation zone is a guideline and should be considered the minimum safe evacuation distance

Evacuation Advice - Remember:
Remain at least 100 feet away from inland waterways and marinas connected to the ocean due to wave surges and possible flooding

These maps do not consider the destructive effects of a locally generated tsunami. If you feel shaking, move inland immediately, well away from the evacuation zone.
For additional reference information and routing maps please check out the maps at:
As sea level rises, much of Honolulu and Waikiki vulnerable to groundwater inundation

The current Federal admin appears to believe that Climate Change is not caused by human activity, however most do appear to believe that Climate Change is real. Almost certainly, among those opinions, almost all would likely agree that hurricane storm surge and tsunamis are real and not connected with human activity.

Rail Mafia EB-5 TOD Land Selloff Scheme
Nearly everyone now sees that TOD is a Rail Mafia scheme to benefit big land developers and not the Oahu tax payers having their taxes and fees jacked up.
According to the recent Civil Beat article By Stewart Yerton, May 5, 2017, the developer Jay Fang is using a federal cash-for-green card investment EB-5 program designed for economically distressed areas to finance a TOD condominium project near Ala Moana Center.
At a time when Hawaii is facing a housing shortage, it does not make sense to support a transit-oriented development project that would be aimed at people from outside of Hawaii. Jay Fang told council members that he did not plan to use union labor to build the tower and said 60 units have been sold to people in China. At least he was being honest!
A fine bit of gerrymandering
ILind: …But, it seems, DBEDT took it as a challenge. How they could take a proposed project in an area with extremely low unemployment, and in a city with unemployment well under 3%, and make it appear to to be in an area with an unemployment rate of at least 150 percent of the U.S. national average, thereby qualifying for the especially lucrative benefits of the EB-5 program?
Those tricky folks at DBEDT finally found a way to make it come out right!
They carved out that strange, lizard-shaped district encompassing the large, high unemployment districts on the west side of the island, and sweeping down to small, affluent census tracts over by Ala Moana, where developer Fang hopes to build his project. Average out the unemployment rates across those diverse census tracts, and DBEDT could certify the newly created district as a “Targeted Employment Area for the purposes of the EB-5 program.”
But, it seems, DBEDT took it as a challenge. How they could take a proposed project in an area with extremely low unemployment, and in a city with unemployment well under 3%, and make it appear to to be in an area with an unemployment rate of at least 150 percent of the U.S. national average, thereby qualifying for the especially lucrative benefits of the EB-5 program?
Those tricky folks at DBEDT finally found a way to make it come out right!
They carved out that strange, lizard-shaped district encompassing the large, high unemployment districts on the west side of the island, and sweeping down to small, affluent census tracts over by Ala Moana, where developer Fang hopes to build his project. Average out the unemployment rates across those diverse census tracts, and DBEDT could certify the newly created district as a “Targeted Employment Area for the purposes of the EB-5 program.”
Developer Zhe Fang has made at least one very smart decision- his project is generally outside of the projected ocean run up of a major Pacific tsunami that is long overdue, as well as a major Pacific hurricane storm surge and projected Sea Level Rise. The City Council plays dumb about these scientific facts. The HART Rail totally lied about this in the Final EIS.
All of the Rail Transit Oriented Development of the final Oahu south shore segment are suckering land developers and businesses into a well identified disaster area, as shown in FEMA, NOAA, UH-SOEST and City DEM maps. Obviously the City doesn’t care that they and the City DPP are conning foreign land developers into a widely science predicted disaster area. It will result in massive lawsuits after the disaster happens – but off course these will all be paid by the Oahu tax-payers.
So why should this misfeasance and malfeasance even matter to the City? Obviously they have shown they don’t care how many billions in infrastructure will be lost and how many innocent victims may die.
Maybe condo developer Jay Fang should know however, that when the big disaster event happens as predicted, his tenants and investors will not have electric power, running water and will not be able to flush their toilets because the Sand Island Waste Water Treatment Plant will be destroyed and have to be rebuilt someplace away from the Oahu shoreline. But why should the City care? It’s just tax payer money. Obviously no fiduciary responsibility by the City.
Project developer Jay Fang makes the interesting comment in testimony letter: http://www4.honolulu.gov/docushare/dsweb/Get/Document-193835/M-2516(17).PDF

“We are willing to complete the Light Rail Project at a price representing 50% of the construction engineering price of the trade union and have it access to ALA MOANA within three years in the future if anyone thinks our calculation is wrong. Moreover, our company will be responsible for the control over the cost of construction engineering of the Light Rail Project and the management of its schedule for free.”
Mr. Fang isn’t the only one using the EB-5 Green Card SCAM. Making headlines currently is Kushner family cashing in on the EB-5 program.
Among the wealthy elites in China, family, business and politics are all deeply intertwined. Every branch of the Communist Party, every province and city often operate as a fiefdom for those in power, allowing leaders special, lucrative access to policy, land and government contracts. There is even a name for second-generation sons and daughters of wealthy business executives and government officials — such as Ivanka Trump and Jared Kushner — who have access to power through family ties. They are called “fuerdai.”
“It’s incredibly stupid and highly inappropriate,” said Richard Painter, the former chief White House ethics lawyer in President George W. Bush’s administration, who has become a vocal critic of the Trump administration.
“They clearly imply that the Kushners are going to make sure you get your visa. . . . They’re [Chinese applicants] not going to take a chance. Of course they’re going to want to invest.”
Reporters barred from China event seeking investment in Kushner project
The developers are seeking to raise $150 million, or 15.4 percent of funding for the project, from investors through the EB-5 visa program, according to marketing materials posted by the event's organizer, immigration agency Qiaowai.
The controversial EB-5 program allows wealthy foreigners to, in effect, buy U.S. immigration visas for themselves and families by investing at least $500,000 in certain development projects.
Kushner family pitches wealthy Chinese on ‘investor visas’
Representatives from the Kushner family business are encouraging wealthy Chinese citizens to “invest $500,000 and immigrate to the United States."
The program has been extremely popular among rich Chinese, who call it the “golden visa” and are eager to get their families — and their wealth — out of the country. The fact that some use it to move their money out illegally, however, has made the program unpopular with the Chinese authorities.
The program was launched with the goal of securing investment and creating jobs. But instead, in recent years, many real estate developers have used the program as a source of cheap financing by using foreign investors, especially from China, for flashy projects in Manhattan and other city centers.
A Government Accountability Office report in 2015 found the EB-5 program carried a high risk of fraud, was rife with counterfeit documentation and had “no reliable method to verify the source of the funds of petitioners.”
Chinese Communist Party land investment in West Oahu expects to use Rail land development as a sales tool to sell subdivisions, condos, resort development. Oahu tax-payers are paying for these profits. US federal FTA commuter rail money used to fund the land development. It's a HUGE TOD SCAM and will drive out lower income residents and native Hawaiians from their Leeward Oahu homes. Why should the City DPP care?
West Oahu Land TOD Buyers: China Oceanwide Holdings Group founded in 1985 by Lu Zhiqiang, legal representative, Communist Party secretary, and chairman, member of the standing committee of the 12th Chinese People’s Political Consultative Conference, vice president of the China Non-governmental Chamber of Commerce, deputy chairman of the Oceanwide Foundation, deputy chairman of the China Minsheng Banking, etc.
This is EXACTLY what is happening at Hoopili - The Caldwell Rail TOD scheme is building a tax-payer funded rail station on empty farmland for DR Horton Hoopili to sell a California suburban real estate project over a 20 year period. The sacred Rail budget even includes expensive artwork already purchased for three rail stations next to each other on currently empty but highly valuable Ewa farmland. The Hoopili EIS even says only a few hundred will even use the station!
Used mostly as a visual "amenity" to sell real estate for DR Horton, like a swimming pool or entrance way fountain, the rail station is to appear in their sales brochures and videos - all paid by US and Oahu tax-payers!
Hawaiians, Filipinos and those in the youngest age group ALL are the MOST OPPOSED to ANY rail tax increase according to the Honolulu Advertiser poll. West Oahu sees their City Council becoming bought off stooges for HART rail profiteers.
Ewa Leeward where rail has already been constructed and where rail is supposed to "benefit" them has come out the most AGAINST any rail tax increase (78% against.) This clearly shows the endless rail lies are no longer working and clearly makes the case that Ewa Leeward needs a City Council in touch with the community and not big Rail Mafia cash.
As an ethnic group Filipinos as the largest group against the rail tax- 72%. They are also the highest percentage - 33% saying "stop construction immediately." Rail construction has largely destroyed the once beautiful historic community of Waipahu.

Race and real estate: how hot Chinese money is making Vancouver unlivable
A single family house in Vancouver increased an incredible 30%, to an average of $1.4m. It’s just the latest, dramatic jump in an already dramatic long-term trend that has turned the beautiful Canadian city into one of the world’s least affordable. It’s happening all around Oahu right now,
World Population Explosion – Global Resource Money Agendas
Another of the great problems we will face in the next fifty years is world population explosion and mass starvation.  There is a stunning article in the August 2016 National Geographic which says that there will be mass starvation in the world over the next few decades, but climate change will not be the primary cause.  Population growth will, by far, be a greater and surer cause.  When I was born, there were 2 billion people in the world.  
Now there are 7 billion.  Population has doubled, and doubled again in the last four decades.  The article states, “The world needs to increase food production by 60% to feed more than nine billion people by mid-century.”  More food production, however, takes more ground water.  The terrible truth is that providing sufficient water for farms to feed the rapidly growing population of the world over the last four decades has already decimated world aquifers.  As the article says, “NASA satellites have found that 22 of the world’s 37 largest aquifers have passed the sustainable tipping point.”  “In the U.S., because of increased farming, the Ogallala Aquifer which runs under the central bread basket from North Dakota to Texas, dropped another foot last year alone.” Many farmers in its shallower areas have already completely run out of water, which will never be restored.  This shrinking of aquifers across the world is happening at the same time that exploding population is demanding more water for greater food production.  The only possible result will be ever greater shortage of food, and then starvation.  On March 11, 2017, the UN humanitarian chief stated: “Already we are facing the largest humanitarian crisis since the creation of the United Nations.  More than 20 million people across four countries now face starvation and famine.”  Massive world starvation and famine will hit by mid-century.
Local Food Security and Sustainability
Today Hawaii imports 90% of what we eat.  By mid-century, there will be no outside food from elsewhere.  We must prepare for this fact or we will die.
To grow all of our own food, we would need to quadruple the amount of food we currently grow for the local market.  Instead, we are going the other way.   Our government blithely moves along, claiming it will double food production by 2020 while turning over 45% of the Oahu farmland that is currently producing food to developers for expensive housing our people can’t afford.
The 1,225 acres of Hoopili are the last piece of warm, sun-filled farmland on Oahu.  Experience in recent years has established that crops that need the full-sun of Hoopili fail in the rainier, higher levels.  Many of these are very basic foods in our diet.  If we expect to provide the full spectrum of basic foods for the million people of Oahu, we cannot afford to lose the warm, full-sun farmland of Hoopili. 
We must begin now to farm all of the fertile agricultural lands that fallow across the state, not only to provide food for ourselves, but for export to a starving world. 
Oahu Island Carrying Capacity
We have far surpassed the carrying capacity of this island.   Opening the island to further development, even just the entire development that is already zoned, will bring disaster upon our people. 
We have reached our carrying capacity in traffic.  People on the West side of the H-1/H-2 merge spend 3 to 5 hours in traffic every day.   Yet we have 70,000 more houses zoned in Central and West Oahu alone. With the City predicting that an average of one resident from each house will commute to work in downtown Honolulu that means 70,000 more people will need to commute into the city.  But the freeway can be widened only enough to accommodate 12,000 people, and the rail, with every car packed full, can only accommodate 28,000. This will leave 30,000 workers without a way to work With only the houses currently zoned, the time to get to and from work will double. 
Tourism has also maxed out.  Our country roads, our beach parks, our beaches themselves are so crowded that our own people are deprived of normal lives.
We have also exceeded our carrying capacity for fresh water.  Before the last of the houses now zoned is built, we will run out of fresh water.  The Board of Water Supply is asking for comments on an Environmental Impact Study to resurrect the desalination plant built a couple of decades ago in Campbell Industrial Park.  The plan is to furnish desalinated water to Campbell Industrial Park first.  But then the people of West Oahu are next.
If we move ahead with desalination, we open the way for more development.  If we hold the line and insist on fresh water only, we have a reason to stop further development. 
In America, it is almost impossible to stop people from moving into a place.  The Constitution guarantees them the right.  However, when an area can establish that it really cannot take more in-migration, they can put a halt.  This was done in Santa Barbara some years back when they stopped issuing water meters because they could not supply future water. 
Twenty-five percent of our new homes are purchased by malihini, newcomers to the islands.  Additional newcomers purchase used homes.
If our low-lying coastal areas will all too soon become swamps which will need to be cleared, and if in-migration is driving the push that is putting more buildings in those areas, clearly we need to get a grip on in-migration.  

OAHU GENERAL PLAN 2035 – 
Rare Endangered Species Habitat Being Destroyed

The Honolulu Rail Project executed an Environmental Impact Statement (EIS) that required the project to provide for Habitat Conservation Plans (HCP) when any specie so listed on the State of Hawaii or Federal Endangered Species List is/was present on the property/properties- 

See Honolulu Authority For Rapid Transportation (HART) website to review documents: http://www.honolulutransit.org/

Before the golf courses were constructed on the Ewa Plain that re-routed many waterways and their outlets, the Honouliuli Ahupua'a 
( http://health.hawaii.gov/cwb/files/2013/05/Watershed-Plan.pdf ) featured a vast area defined as Inner Coastal Wetlands - which contained the convergence of two streams- the Honouliuli Stream and Kaloi Stream.  Waterfowl were abundant.  

Today, remnants of the inner coastal wetlands exist and there, one can witness numerous endangered species vying for protection- protection in the form of a blade of grass, a puddle of water to call their own. 

The Hawaiian Coot ( https://www.fws.gov/pacificislands/fauna/HIcoot.html )  is one such endangered specie that government officials knew was there on this property all along- and "in the way" of the development.

So what actions have the US Fish and Wildlife Service (USFWS) taken to ensure the environmental protection laws for endangered species remaining on these inner coastal wetlands are adhered to and followed?  Answer is- they at USFWS are either bought off, dishonest, or just plain incompetent for the Coot is there- the Hawaiian Duck, is there, the Stilt, is there, the Pueo, is there and many, many more species in peril being ignored by the USFWS. 

The rail station (where these endangered birds are still present) is being constructed in part with the use of federal grant monies- and in the contract, the federal government states it will not fund any project that destroys endangered species and their habitat without executing first, an Incidental Take Permit (ITP), and executing a HCP.


John M. Bond 
HART Rail Consulting Party