HomeMy WebLinkAboutCOM 0327.021 2010-2012 •
8083294786 COUNTY COUNCIL KONA COUNTY COU•NCIL KONA 01:38:35 p.m. 10-19-2011 1 /25 .•
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�SCdy,November 10,'2006 • • proudly serving Hilo;and,the Big_Island since-1.923 �q. .Z.
fi , 7 . rv�'q 50tentsE
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r •TION -•�)�1(31 , r � f;hf� =sr:;�f
�te ome national brands of o [itil;if,[LF1f-S f,:Doobie Brothers set _ -a9 �'F 1 i3 EP. t� i4�. }lonma,Lady Vuls
i ;acetaminophen recalled �' ',,,'-',:l..'.,-.. . to rockthe Big island— S �,. r ^� excited about sensor
Ale, age A2 ! Page C1 r 1 C 4 :Ii..- R. . ' f- Page Bl
ikording of law stalls '2 perce
7 x revenues can't be used to purchase public access lands until problem is fixed
By JASON ARMSTRONG ..confused the administrators respun- of yearly property lax resenue,in its from the two laa',uurding A reined) has regi drafted an
ure•sierotdstuff vont cihle for implementing it. Public Access.Open Space and fiat. That ascan,. the count) Lanni.' ha,the•upas 1.1\I,:+,•r darn Km
,.a ('uuut', new land•pres- Mnre than 27.0011 Big Island tut- ural Resources Prescr,ation Fund. ,lend any of the 52 uulli"n alt It :.proed- the.aucndnwnt uuui
lou has tied up property it,in Tuesday',peen)election suit) The mune+, is to hu} land. but ut the land land. i•,n mec 1 hre.'i ' 'CPI.".turner •..;,:.I..,e th.d ,t.d:
..r-r•. ,I Ice,' temporarily, unit the)cant the county'to put 2 pererut that purpi,se tta,niisl,,t.ral.minted 5\tlltinn T::Aai,a..,,id I tr'd:. See NEW LAW Pt
i'''si- L141111 From front page
...al is to he used to pre- While money Will be bud organized opposition to'It. .will have to Make them.
beaches. forests, historic geted for the fiscal:year that Nearly 57:percent of nit_,-"The 'sooner the better is;' g=1
,-c' „mother important areas. starts July I,2007, it:could be votes cast were for,the land- what I think;''she said_:"Once• GPM
•'•hen the'county must trans-•transferred,all at once, every- fund,according to the uncerti= n irinth
- b . woad[--lie.wonder-
..',e money also May he tip six Months or,at sone other tied general'election;results,;:fol:That way we'd have more One
• ._.,•;n:tkers to decide. interval.Takaba said.He's hop- When blank i`otes are exciud; money in the fund,and it would
--':i not sure;' Takah i said itis. the.county's senior civil ed,.thee,percentage of support compound:' .• tin
a.,ked when tax revenues attorney ur perhaps the Coun- jumps to 63 percent.' Hecht wanted to thank vot-
• ,• be put into the fund, ty Council will'clarify when. The decision by. both Big- C:0
a •rs• and pf- l50 "diehard;
' ', a really good question future'deposits must be made. island and-Oahurvoters to cre-••
dedicated" .volunteers• whit
.,c it's not.clear in the- Corporation Counsel Lin- 'ate a land'fund -'Maul.and
helped promote the proposal...
,ate. It 4N mild have been colnAshidasaidthile.heneeds- Kauaicountieshadandprioris
- ''.I if the law was clearer_" • to review the law,he suspect it••Tuesday's,elections•--_makes."She estimated the..months-long `
-.°.c propo.al, adopted bycalls fora earl a ro ria- :Hawaii-the only' with all.'lobbying.eforf.Cost$20,000 in • 5 , N
p . . , 5,. ) Pp .P. y having'
a 2-I margin, states it non. of its counties•having a dedit private contributions.'. ••. .. ,1 ..
. . ,:,feet "upon approval,;' • It would be unconstitutional' eared'land,fund, said Joshua,. '-"1've been:jumping out of,
._ - occurred in Tuesday's M. make.retroactive deposits•.Stanhro- project..manager for..my skirt for two days, I'm So... 0
--;-,ti election. dating buck to the start of this :the•Trust for-Public.Land.., •'excited," site..said•about the
,.;rn the law does not say'; budget year, he•said, adding: "We're ecstatic;'he -said., law's passage.
• ,.•;ter.is the do idline for the the timing issue is more of a . '‘Ye Were really.blown away:: 'Ka'u .Councilman. oBob••
e,:ocii or the intervals for finance question thin a'regal by the mandate there.The.pas-. Jacobson, a staunch,supporter
transfers. - - one. •'sage.of the land fund'means , -' •--•
":•„' law requires'the county Connie Kiri u;-the'Cou.nty's we're-going.to.'get a.-chance the 2 percent.. solution;'. said'
side 53.6 million based Berk and top election admin- to protect'the most important .•he hopes the• •money is-.trans-
• . 4
;.n, years lax projections. Asirateir, said her,:"feelin_f is. places before they're'gone' •fetred as soo;l as possible. .
alines out to a Bail}aver- payment would;be.part of_next Stanbro agrees with Kim .. "1•think today,' Jacobson
..f t nuehiv S10.000. .year's fiscal budget. ' 'than the-tang-purchase•money. said Wednesday when asked-; ,,
^.:Laba uegested the correct '=1 think it needs.to be deter= should conic.from next fiscal when.the.county Must. start
:,,::,;h is to use election day mined byfinance. and maybe year's'budget. , . ' 'setting aside'money for land
. iTt ealculatine payments.• corporation ctiunsdl" Kirlu - "My gut feeling is it will •acquisition."That's my opinion. t,.— N.
Ti• t i in July of it." - �""'
.a has to be clarified said when asked about the um- start kicking n..,- on `_ 1 - I
_.r:e I can't really say that's ing of payments..:.-• • -' ' -next year,".he 'said.' "That Steven Hirakami,a member.
,...ay it's going to end up.' Mayor Harry. Kim, who. fine."._ .'r' : ' .of the five=person Save.Our
-- •r,d. • opposed the ballot 'initiative - Maui.'Caunty. itiakes two--Lands..Citizens' 'Committee- — r
county has budgeted'SI as being too restrictive during paythents annually-to'Coin- that pushed the land-Fund issue: . l
.....i fur this year. leaving lean years,said.he expects the cide with tax bills due each suggested deposits should start '
:,! 52 million short if fund deposits will start with the August and February,'a finan- -
r iine obligation started 2007-08 i scal'year, tial administer there said.. • with next year s budget and be
he said." "Now that the public has• Debbie Hecht, who led the made semiannually:
-Realistically. we we-mill spoken. it is my responsibif-. petition drive that-resiilted in` "lthinkthosekindsofthings
:,xl in do it this year' itv to see that it is done,"said the 2'percent question appear- need to be sorted out by the
.....,a,aid.• Kim.v,ho expected 60 percent inv on the ballot.said she's also count-:he added. 9s j O jI
-_ �arm.) unsure about the of voter, would support'the unsure when payments must JtuanAnranimgttmhtsm ,fly 1
r. sdop
future pis meats. proposal because'lBcri:was no start or how often the county irtr+is;tvrlf C�huuniir»Gunr-hrnr .in,n_ I P al. Ref.To:
• Ref. Date. 1bill l20(l
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. rfe e r vi n . ::_ :lands :- -
C®ung is cl®ser° bu In s
gunge: ' "authorized negotiations for land:next o
Law's wording to .be fixed, properties being considered ,, „d supporti+e vn[e.expect," tri Hnno1n Beach Park in Hihi.acnes z
By JASON ARMSTRONG mistakenly deleted front the Public the money is to be used. ' cd to occur next month after the new from the Waipio Valley Lookout.. --'
Tribune,Hereldstaff writer -Access, Open Space, and Minim) With no purpose statement in the council takes office,is needed before mak:o of:Kailua-Kona'c. ..iii.Drift - o
Hawaii County"is[=rennin,closer to Resources Preservation Fund. law, the county cannot spend any of Mayor Harm Kim may'sign the bill. and Katt.aa Bay in ha'u. •. • ., c
fixing its rum lonad reservation law Voters in the Nov. 7 Leneral elect- the S2 million already n the land into law. Thn.e :IL'Lib05 confuted county
•pAlso 11'ednesday. the council adriuni�tr:a.rr: responsible for doing r—
and ag,ging ren ss NO private parcels lion approved putting percent of fund-
to urchse. the county's annual tax collections, But lass makers acted quickly to. decided ++high parcels it wants pur-, f nrpe:is appraisals. submittifrg pt:r- o
p . chase rrter 'anti all the other Stork that • zD
The County Council on Wednes- currently about S3.5 million, for the remedy the mistake by toting unani: chased.
day voted to replace wording that was fund. But art oversight left out how mousiy to reinstate ilio deiei 11 in- to recent months, lass makers ---..-. See.PROPERTY Page A6
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noes into buying teal"estate: . «•e select"' ••:•:land and .the Puapuaa -parcel in- .when.and how often•"the•county -
• 'We're really at a,loss as to • By'unanimous'��ote, lay mak- •.Kailua-Kona must.:put_m•oney into the fund
_ v hich.We should pursue- first:: ers •adopted. a policy listing the The- adininistration vwill .first' . :Those payment,issues. are to...
Finance Director William Takaba•` acyiiisition Df the7$5=acre Kavt-aa pursue Kav�Lla Bay,moving:on the:• be-addressed with a follow-up bill-. •
• told council members:.Wednes- Bay as the top: priority::tor.land second:parcel only after_buying now being'drafted,:Takaba: told_ - N
day:."`t "�,oilld be.able to buy. ort enation:. .. • the first"or passing:ori its acquisi=•:.. the Tribune-Herald.' -
• • only one.of.the four.-properties" Ttie Waipio Valle}. parcel-,is tion,Takaba told.lawmakers.. • :':-•Jason Arm strong"can be.readied-at:---
• that.are before us.:Which one do , second.• .f'ollou•ed by the.Honolii - • ,Lett unresoh'ed, tion •ever," is jannsrrang@func'cuitribtafe-heraldcorrr.
QUARTERS . •. . •
From front page
118083294786COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:40:14 p.m. 10-19-2011 3/2511 11
rters 'after-' • •1ViLJ,ider1 VY..Lau1(JUIy;:JJ, UL•'�L L UU,;vr+«.+,‘..z..%.:+.• . .: 1n Phi
�dy •agreed • ..ii:Kevin,Lane,•`41;:of•Honok.aa.with• -:drivin , nder'.the. . . . ' • i n Phi
:influence"Of intoxicants.. • ' . ''.: • • jug t•
o
a that._�t ie ..-...1.j;,,::•Robert Joseph:•Sullivan, 36 :of;Keaau'with;contempt.: .,
,ndemn the .' . • - : • "s : yards
Id .quickly , . ,of court: - ° i ,
f, • , `Win o
arkable"•.to ...-..."•-• , ' • . . , .. - • ••i .• So
orb
E
- - _. . . . , .. . l quarts
t speculate
-ron1dgh.otthet ' I '. From front-page..
--.LOBY7
as . fi
suggestions . • • •
;Lobbyists':must:'also report ..requiring:.all,'attorneys:to.com i ,
1.at-.an our . . . . . -
any change c in.. their ,-status':::::'ply. •......k'-'::::'..r.7".••— •
1nc.ii. meet- : and notify. the ..county,`clerk:::.: • Council. :Chairnian..Stacy'. : : . . • " '
iere'was:no withn..l0 .daYs •after,..staePPing':'•Hi a
•of;Hilo:initially,said he., ,
re4`close-ajthe activity. thattrigge:rd;
the'.-'thought ,.the ::registration. -law . 'I
e" North •.registration "will. benefit,.everybody,""_but : i
l. . •
:•A lobbyist who: •doesn t. reg has since cooled."to.the,idea. ,
-r'•or u . .- • ' . :. . - ``I..wasn't`too big of a•fan•of .- -
d- . al • .
•. , shall .be• guilty. of;,a •mrs e. •it,. he.�s 1J:. . � � ..
meanor,"•the law states. Higa`•said he}s.not:surprised .
aven't:i'eceiveI :any • that few-, people .have signed . : for a
• • , negative ;:.reaction,7" County up. ..: ::- .... ' . . . .was r
.'..Clerk.I.Connie= Kiriu said7af: .: .•"it's•somerthing:that's f : • : pard"
vould'.hold • the:..registration.:requirements.-: ::like•an honor systenTthing;" he -: . it:apf
iccountable "They,Comply...and..fill.- it: out. •:...-said.."I think that•-(the.srnall,list . . . game
es of such -It's soinething:they:expect.": ••: ofnames)
` .
.: . * ";proves that:a lot of Ye
- . Some lobbyists have:signed'.-: opl
pee are,pot:lobbyists,:which" • with
as
hen -a-.-up- more.-than once,_b.ecat�.e.• ..is.:What: we_th ht. from the. Brow
o'0lem-.for,. .. they.haveLmultiple clients.:with ,'.beginning:,_•.• .. .. . .
tarninistra business,before a.county board. •' •: •Kauaiisthe only.of.Hawaii's , " . out IV
ush admin- 'or'. commission,she`Said::. :- four.counties-without a.lobby .• .• . " .' soe is
e North:•of lirt lemenf`ation:of:the,1984.: ' ._. i ' i � ' law; . •• • • but w
• p >ist reg,stratton: `'
94 nuclear.;;: law,stemmed.from a,request•by‘.:;...`,•`�To: the-'•best of my known- .¢ :, • team,
ay secretly attorney.David.-Kinin Frankel, edit✓;-not•we--don't have.that," . :.' .-._--.._._.Bul'fa
um enrich who.last:•year:told•tl e_county's:: 'Kauai .County.••.Clerk-:..:Peter..,._._.,.... _ well 1
agreement. Board;'of:Ethics that.the.:regis- .••Nakamura said.'••.:, .. , . - •. ,�p
Pee. . and ,in - tration requiremen('W. s:"rou : :Maui ...County;:_has,' had...a .... .` • . ers," l
s, 'a:defiant ,• tiriely;ignored:" ': -' .• ;'.lobbyist-registration law on' game
drew . from:' ...,".:"lt's.. 'a.'.-good. . thing. that.,. •.its.. books :since ,..1981,':.Deputy • they's
'roliferation they're;now enforcing:the law;":, 'Clerk Jeffrey,"Kuwada'said":. • . —.be
the :nuclear..;' Frankel said Monday.,"County • For':year's, lobbyists .assn : • profil
• official's•;-had •ignored'.the :law. have •hud.:to.. register before • s Un
:.for,-years and years.".' ; : appearing, before the Hono- Owen
• : Although''.•he,;'has.:not,.been•.. llCit .Counci1, City Clerk ' .. MVP
, . .•. . .following, the- issue, Frankel_,_.Denise:De Costa said;...._____
=said:he feels:tougher disclosure. ..,/acon'Annsrwng can-tie reached at .. " , — .2005,
roYisioris.ai .:needed,_Su:eh.as-Ja,vLtmn Qhawailtrrhune-herrddconL _ " _.,__.playir
. . ,., . . r.:.. - for wi
reason.ahe-.::_' __— '..-........./_..,_..._...... .__ _ . . . ._ , • .. . - . surge!
-Committee �inR,m+ . . • • " . . . , ln
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:41:12 p.m. 10-19-2011 4/25
Tuesday,October 10,2006 •Proudly serving Hilo and tieAig Island since 1923 • ', - - - _ •. .50 cents.;
NATION T.., - GRINDS • „ g�. SPORTS
_�__;_._ ' _ --,,,,,t, •,-, ;G0,0 •• Mitni rhos', adness
le Google buys • Building a r •
g '
YouTube for boy's dream ;. •,, ” set for UH-Hilo
birthday cake t,�r " •F44-,. men and women
0 $1.65 billion . bit y sas, • {
Page C1 • ! \]' Page 01
Page A2 9 a 7,
......3`trF•
t • -- Kim seeks
Regis ry •` •
T '°�`• solution
.. includes L i.�allT �' > to ballot
-- x,ei:i� - � , j�9
20 more ° =
v.v..' I , t .i :.;� .� �':: mistake
lobbyists . h•4 •°•' ` Mayor acknowledges
f . 1j1r r yrip.. -c. ,,t iv�d . -7,4i wording of set-aside
;` t ,L �r � :#�„ ,�" initiative is lacking
Representatives from r`' . .t1- • risc.
`'�`" Ct TIFFANY EDWARDS
. ...'hi, e�l �. - By TIF AN r
NELCO, developers :,
among those who have _ `' ' _`'��� 1111.0 - Mayor Ilair) Kim
;, acknueledges Ilett somebody made
signed up with county A,r•dattaPlpu 111111,takewhenitclnne,Nlllel„t,.
By JASON ARMSTRONGA South Korean protester burns a banner bearing a picture of North Korean leader Kim Jong II ',worm question lin lir Vmc,ul'eI
Tnhune-NeralArm(rwriter -
Monday during an anti-North Korea tally in Seoul, ^r1 hallus
Varinm deeelapen,power company J Wei,will decide wlleUler leu
representatives and corn a Fenner,late peieent of read prttix•Uy vase,should
lawmaker have all loll t tawaii Comity ! annually set asntr m the teed•
they are lobbyists. lir 'Wens, (lien ci
--
honeale among the_in people months Space and Nunn d r ip krnr, I'It,u (+ '.wuhntnd,peace thre az
But,hind.
the nu• . '�
lisle-known I'1114 lalw.aLc'inllltg III the II:IUtit- wording s%, ::
tribune-lirrnhl's review:timidity of the • • lad, ' indole 1 t 1
•
• figiilt:l World lines up against N Korea i t
Tilt:list includes rile names of David N. criural adnrnilxl
Mantis. it former twn•term stale rep- (di of the L'ounty KIM
•
resentalive from Kona, Hawaii Nice- -. - Ely EDITH M.LEDERER national peace and Security:' ell quickly clmdcmned North ('ode whichspeci•
lie light Co.nlliclnh,developers,and Associated Nem and the U.N.Security Council Korea's decision 101'11/11111 II,N. lues uhielt puddle laud,•.d!lie iter
Hawaii (iosernmenl Employees Asso• UNITEDNATIONS—'dile weighed severe .tinction. to appeal hi cancel the lest after `based!stilt the yle-1. 'mal.'Ihr
e i:till111.1 Ilieeli Ralph H,1'C:1. 11111th the IIII impoverished coin- the rvclnv IVC regime announced
�''••.rctlolt,peuIre' 1!.d die fund,
Ralph } world lined up against North P i
\4c tie ngi,len•d lubhyisl.in the Kura on Mnudny for staging monk;n:uiun, it had set off nn undcrgnnnul n L”y,•nt.m Lad,1111 ntu;.wnl.
a .dors as well a,IIaiu;'shrill('arlctn11 :k nuclear test denounced even '(here was nu folk or mill- utunlir cwpiu.iutl. 0uarsti11tl ++I ptesrrwu'a, maid
('laity,&lector of eulllaltiiiil and goy- > tory action. iic loots.beat he,,rind.T11.'1:In11.0
Clang. ) g by key allies. President hush Y ,
eminent relations for l'nsW: ttk Conk called it "u !heart lo into, HUI the Security ('mill• See NUCLEAR IageA6 lands.
Itomes Il:nvaii. li an ltd. L letter hi Inw,+t
Allhouph rarely - Ilcrht.i t Ike iliac(lin 1.1a1'1',,11,
appealing hclurr the - P n ,' , mutt.,ehn11,1ln•h,11(oluuu.iii
itawtii I tinily Coon. PL� Bush says 'it' r ,.., 'Eon,11i1 hC Italll„11,1 I1+I1
"a cid Cllir lrpr lilt_ i. t •, tvrnalwi 111111r 1111 I l nnguam.ill
ori reyla ttd tete us e . ' international ( n9m Wing from't IN nnl.uul inp
:.I 1 "I was n!ai tpount,l m us as
n tIEO Int he said. ,: Irl Ik Y .,,t`�J
11 iiPti 111:tell Ullt'M1 I p„^., g,.teinineig.'K11I11t1+11t• 'i\‘,1,11,1
t , '•
-Community i i d' S1. 1tii •I•. • •-)'d• an air ulllus,n.ni tsstle,n all until
non tut a+;'('hili'said - ":,_ • { which rune
i _ _ ' your Sept. I c•m:il,
of the reporting minim- HIGH ' -- will respond-- ,--— --- i ` wluto 1'u a,.Wray and I am sin
� ntent - )_ sorry ilial a't a,;deal the dra,llns
Other lucidly registered lobbyists - \ !r 9' ' V
By DEBRfECHMANN i.,•1,, {pp�,i Skip L audt..i,nrt•JunutlhmE
t-ould nal be leached for comment Mmi AfSOClaft:dJ'resf ' •,•4-i./ ` .� t
., day. z a" }t`.. ,' Knit ria.leiroulp to the ,Lae
WASHINGTON—Fat . 0-i ' I lllirt•ul l.)c.m+u•11t.Idime Ica hal
-
.i':1
The cnimy last /limber started F ,,i' dal hntgulg•• old that t'.it .boll
in the prospect of a nude- r t 1._t
pt11111I1'SI sign-up t1n111'1.111n:u'ellda,lilt g p lt
ti 6 r I ' ar•urmed North Korea f'l'u. 3 ,I i _� t z eI cireis ondei tiss.t)ur \mtuoa
tine i ill til meetings, along with ,t 1 �•ha I I:•
y ides: hu all iN bu;ld, ,mil l'nlllnn, _ ' President flush on Mon 1” :Ind the rl1111111t'y In•nrml',Office
,r oa day called the enmininist 'ax wn,.,,tk.�`,.:i,3:; '."3! F ,nert.dPnrrgryo(II•s„r'��` told hon 1113,1+1w file h.ye,'ih the r;
.'� MOW,
Fur county reporting puqutses, a 4' regime's claim of a nuclear :' I en ..2,:,,i- •F.I ,,.-",.* Y t4 40 •tf`�,1-.4tlk• '• Lmfuage Lnu„mn
i; "lobbyist"is ally one wit spends more , lest a provocative act and �ri,A „,40,..hi1 (7 I , r t -,J t rpt• it,+ 1'bc ml it,hoed},Kiril seaI('w s
_i thin five hours in any Month or$275 in Ir._.;+ warned Pyongyang against ri * r1 ,tr`1"' r I „ -. ',oration•l•.,n isel l melon A,Iud.'
€;. ripening nuclear materiels. -•• - 1'hl; Inld land,I Int wall atld,rt•11 the illi.
any six-mouth period For the purpose Pn g
of allen,pling II/influence legislation nr mauve pusses:ukd thea hat t•uansd
xi _,_•_S••U,S.PageA6 -. ,. munl>tl„unreel Ihe•t'ountt lore
ad lowever.tuereu are
. ,, . ttith Lulgatee si5',d}mg eeloch
However, there nrr several exenlP- - .. - t -
,rt lions.They include someone represent- i ` Pubic 1,00,40 n16 he daptued with
Ing only hiutseit, it gnvenunent nlii- 1 the tan.el a+dile.
11 vial acting in all official capacity,un _ r/ • "I ant tel} sun} ticu ue hate
' expert asked to appear before a county • been unable 11e r•sahr this m Thal
.`S body,and allot representing clients • • _ . the ream intent til the committee run
,S infected by'unposed legislation. - 9 '. be ielle t l In the torr 1111 the mobs
;4 litigable lobbyists must provide their -- - _ In me-rsme'Kon wade I10th1."1
r '- I n nn t•111.1111 the 11„1 Ix•1,Celli nu.t
a name, whitey.iild a lcplunrc the hit •,,,. ;''%'1 11,...,. .,::.C1 1. 'eMi lite it - Int trill do all tell:.Int.
I, Also requited an:the name of the lob 1 r r•^.-.: passe,,e
r. hype,illi llt.is,uc til hu Iuhhird,and a Pli', • 7""�'r t 1H `+mow: ..,..'s,•,:',...,_...s.--., �. 4'' s dealer,1111•the('111111)(•oumni all,
II statement of lobbying-relined experses, el-444.1i +'t .,,�-s I 'rt F....,,Att,-- i aN_ g ? } ,. tuner 1 s 11: ,,, urian(d:I
au:telling its Ilse titres..Pug:iilrnl. + •
'
i r�5 xt}s+.....r F' 'Ut P�See RALLOTi',Ige'AR
to l
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:42:16 p.m. 10-19-2011 5/25
CONSTANCE R.KIRIU ° \ WILLIAM E. SMITHDepuryCountyClerk
County Clerk / �:- ' y
IC
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CountJ'
of Hawai`i
•,�g 3. Office of the County Clerk
Cep? 25 Aupuni Street
Hilo.Hawaii 96720
Telephone: (808)961-8255 Facsimile: (808)961-8912 ca
July 1, 2006
TO: Stacy K. Higa, Council Chair "
And Council Members .,.
:a y
FROM: Constance R. KiriuQ2.4.1
County Clerk
RE: Initiative Petition of the Save Our Land Citizens'Committee
Amended Certificate of Insufficiency dated July 1, 2006
The purpose of this memorandum is to present an Amended Certificate of Insufficiency
dated July 1, 2006, with regard to the initiative petition filed by the Save Our Land
Citizens'Committee on May 17, 2006, and amended by a supplementary petition filed
on June 16 and 19, 2006. This presentation is made in compliance with Article XI,
Hawaii County Charter.
In accordance with the Charter provisions, the following are included with this
• memorandum:
1. Amended Certificate of Insufficiency issued on July 1, 2006
2. Certificate of Insufficiency issued on June 5, 2006 (Exhibit"D")
Please be advised that a Certificate of Insufficiency (Original and Supplementary
Petition) was issued on June 26, 2006 (Communication No. 965). This Certificate of
Insufficiency contains an option that would allow the Committee to submit an additional
supplementary petition. Since the Charter does not specifically provide for more than
one supplementary petition, this option on page 2 was removed. Accordingly, I am
presenting you with an Amended Certificate of Insufficiency.
Presented separately is the ordinance proposed by the petition in proper form for your
consideration if the Council makes Its own determination of sufficiency.
Comm. No.
Att. Ref. To, «ii
Ref. Delta.J.4_03.44
Hawai'i County Is An Equal Opportunity Provider And Employer
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:42:41 p.m. 10-19-2011 6125
It should be noted that 57,994 electors turned out to vote in the 2004 General
Election;however,the mayor's race was determined in the first Special Election. If the General
Election voter turnout was used to calculate the required number of signatures,the required
number of qualified signatories would have been 8,699. In view of the ambiguous language of
the Charter,it was determined that the interpretation should err on the side of the petitioning
electorate by using the lower number of 4,846.
4. Section 11-3 and Section 11-4,Hawai`i County Charter,read as follows:
Section 11-3. Petitioners' Committee. For each initiative or referendum petition
there shall be a petitioners'committee representing all the petitioners,which committee
shall be composed of five members who shall be qualified voters of the county and
signers of the petition. The committee shall be responsible for circulation of the petition
and for assembling and filing the petition in proper form. The committee shall have the
power to amend or withdraw the petition as provided in this charter.
Section 11-4. Initiative and Referendum Petitions: Forms and Sufficiency.
(a) Initiative and referendum petitions shall be governed by the rules regarding form
and sufficiency set forth in this section,as well as by such other rules as the
county council may impose by ordinance,consistent with the provisions and with
the spirit and purpose of the charter.
(b) For immediate acceptance of petitions,the clerk of the council shall require that:
(1) The petitions indicate by name and address,the five signers who constitute
the petitioners' committee for that petition.
(2) The petitions indicate the address,to which all notices for petitioners'
committee are to be sent.
(3) The signatures to petitions be filed on paper of uniform size and style and
assembled as one instrument. Upon presentation,petitions which
reasonably comply with this subsection(a) shall be accepted by the clerk
without delay;petitions shall be rejected for non-compliance.
(4) Electors signing such petition shall print their names,add their signatures,
residence addresses,social security numbers and the dates of signing on
said petition.
(c) For purposes of certification,any petition shall be found insufficient which:
(1) Is signed by less than the required number of qualified voters of the
county.
(2) Proposes,or requests appeal of,an ordinance not subject to the powers of
initiative or referendum.
(d) Signatures are invalid and petitions insufficient:
(1) If signers are not given an opportunity to read the full text of the proposed
ordinance under an initiative petition,or the designation and description of
3
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:43:10 p.m. 10-19-2011 7/25
y..J
the ordinance in question under a referendum petition,and if the full text
of a proposed ordinance or ordinance under question is not contained in or
attached to each signature paper or set of signature papers of an initiative
or referendum petition,respectively,throughout circulation.
(2) If affidavits(executed by the circulators for each set of signature papers)
are not attached to the papers at the time of filing of petition with the clerk
of the council. Each affidavit shall attest to the effect that: a particular
individual personally circulated an identifiable set of papers;each paper
bears a stated number of signatures;each signature on a paper was affixed
in the circulator's presence;each signature is the genuine signature of the
person whose name it purports to.be.
(e) Individual signatures may be withdrawn within fifteen days after the filing of an
initiative or referendum petition with the clerk of the council by the filing of a
written request therefore,by the individual,with the clerk of the council.
5. On May 17,2006,the Save Our Land Citizens' Committee submitted an initiative
petition consisting of 409 pages addressed to the Hawaii County Council,assembled as one
instrument,containing the full text of the ordinance proposed by the committee. A copy of the
proposed ordinance is attached as Exhibit"A"and incorporated into this certificate by reference.
6. The Save Our Land Citizens' Committee is comprised of five members who are
qualified voters of the County and are signers of the petition:
NAME DATE/PAGE SIGNED PETITION
Deborah A. Hecht April 10,2006/Page 0000211
Karen Clarkson May 4,2006/Page 0000009
Wendy Scott-Vance April 17,2006/Page 0000143
Michael L.Varney May 30,2006/Page 0000953
Steven A.Hirakami April 20,2006/Page 0000107
7. Each signature page of the petition indicated the names and addresses of the
members of the Petitioners'Committee and the address to which all notices could be sent--Post
Office Box 4148,Kailua-Kona,Hawaii 96745.
8. Each signature page contained a space for(a)each signer to print their name as
registered to vote, (b)the signature,(c)the street address as shown on voter registration
application,(d)the date of signing,(e)the last four social security number digits,(f)an email
4
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:43:45 p.m. 10-19-2011 8/25
address,and(g)birth date. A page of the petition,attached as Exhibit"B"and incorporated into
this certificate,is submitted as a sample page(with the information relating to the signers of that
page omitted.)
9. While Section 11-4(b)(4),Article XI,Hawaii County Charter,requires electors to
provide their social security numbers on the petition,it was determined that social security
numbers could not be legally required on the petition based on the federal privacy law.
Therefore,although not mandated,the Petitioners' Committee decided to include the option for
an elector to provide the last four digits of the person's social security number and the person's
birth date.
10. The pages were on papers of uniform size and style and assembled as one
instrument. The instrument was submitted and reviewed in the presence of two members of the
Committee.
11. The 409 pages were time stamped,paginated,and accepted after it was
determined that each set of pages was accompanied by an Affidavit executed by the circulator of
the pages attesting to the effect that the person circulated a set of papers,each page bore a stated
number of signatures,each signature was affixed in the circulator's presence and each signature
was the genuine signature of the person whose name it purported to be. A copy of one of the
Affidavits is attached as Exhibit"C"and incorporated into this certificate by reference.
12. The 409 pages submitted were processed after it was determined,in the presence
of two members of the Committee,that a copy of the proposed ordinance(Exhibit"A")was on
the reverse side of,or attached to,each page at the time of signing. The 409 signature pages
contained 3,001 signatures or names.
5
U83294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:44:06 p.m. 10-19-2011 9/25
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13. Of those signatures or names,a manual review was conducted of each signature
line to determine if the name and address provided by the signer matched the general register
(Statewide Voter Registration System.) Because no ordinance had been adopted to guide the
sufficiency and validation process,candidate nomination and political party petition procedures
were used to guide the validation process.
In the past,when social security numbers were required to be provided on a
petition,the Office of the County Clerk used the social security numbers as the initial method of
globally locating whether persons were registered to vote in the County of Hawai`i. Without this
precise locator now,the elector's name was used to manually search the general register
(Statewide Voter Registration System).
The manual review included,but was not limited to,the following actions:
a. Every name was compared to the general register(statewide voter
registration system.) If it was determined that the name matched the name
of a duly registered Hawai`i County voter,and if the residence address
matched the address in the general register,the signature was deemed
valid assuming it was properly dated.
b. Persons who were not registered through a search of the general register
were invalidated(NR).
c. The information in the column entitled"Today's Date"was checked to
. confirm that the signer indicated a proper date of signing. Persons who
did not provide the date of signing,or provided an incomplete date,had
their signatures invalidated(NSD).
6
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:44:25 p.m. 10-19-2011 10/25
d. Further,persons who were not registered voters on the date of signing
were invalidated.Persons from whom an executed voter registration
affidavit was not received prior to or contemporaneously with the petition
signing,were invalidated as having a"prior signature date(PSD)" The
date check was made of every elector deemed to be a qualified voter.
e. If the signer did not provide a residence address or if a post office box was
provided,the signature was invalidated(NRA).
f. If the residence address on the petition did not match the general register
(Statewide Voter Registration System),the signature was invalidated
(RANM).
g. If the signer was a registered voter on Oahu,Maui,or Kauai,the
signature was invalidated(NHC).
h. If the signer did not provide a printed name,the signature was invalidated
(NPN).
i. If the signer did not provide a complete signature date(day,month,year),
the signature was invalidated(NSD).
j. If the person did not sign the petition,the signature was invalidated.
k. The last four digits of the person's social security number and the birth
date were used to properly identify duplicate voters. The duplicate(or
_ triplicate)name was invalidated(DUP).
1. It should be noted that some signatures may have had more than one
reason for its invalidity.
7
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:44:41 p.m. 10-19-2011 11/25
V...
14. Finally,450 randomly-selected signatures of the 3,001 signatures submitted were
compared to those on file. No evidence was found to indicate that there was fraud or forgery.
15. Pursuant to Section 11-4(d),signers had until 4:30 p.m.,Thursday,June 1,2006,
to file a written request with the Office of the County Clerk requesting that their signature be
withdrawn. No request was received by that deadline date,
16. On June 5,2006,a Certificate of Insufficiency,attached as Exhibit"D",
determined that the initial petition contained 1,366 signatures of qualified voters of the County.
The Certificate of Insufficiency was mailed by certified letter,return receipt on June 5,2006,to
the Committee. The Committee received the Certificate of Insufficiency on June 7,2006.
17. By letter dated June 8,2006,the Save Our Land Petitioners' Committee requested
to amend the petition. Although the Committee had ten days to Saturday,June 17,2006,to
submit additional signatures,the official date to submit the amended petition was Monday,
June 19,2006.
18. On June 16 and June 19,2006,the Save Our Land Petitioners' Committee
submitted an additional 755 and 87 supplementary petition pages,respectively,for a total of
1,253 petition pages. One page(#0000589)was inadvertently stamped twice,which explains
why the last page of the petition is numbered `0001254.' Petition pages were returned to the
Committee for lack of a notarized affidavit or because of the inaccuracy of a circulator's
statement. Those pages have not been included in the supplementary total.
19. The supplementary petition contained a total of 5,781 signatories,for a total of
8,782 signatories on the petition.
20. On June 5,2006,the Clerk received one request to withdraw the person's
signature in the supplementary petition.
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:45:02 p.m. 10-19-2011 12/25
21. One signature was later disqualified when it was found that the petition was
signed after the circulator's attestation date.
22. The official total number of signatures examined on the petition was 8,780.
23. The supplementary petition was processed using the same procedures applied
during the initial petition described above. Two Petitioners' Committee Members observed the
intake process on June 16,2006,and one Petitioners' Committee Member observed the intake
process on June 19,2006.
24. 867 randomly-selected signatures of the supplementary petition were compared to
those on file. No evidence was found to suggest fraud or forgery.
25. The term"qualified voter"is not defined in Article XI,Hawaii County Charter,
relating to Initiative and Referendum. Nevertheless,the following definition of"qualified voter"
is found in Article XII,Section 12-1.1(c),relating to Recall:
The term"qualified voter"means a person who is registered to vote in the county on the
date that the clerk begins the examination to determine the sufficiency of the signatures
on the petition.
26. During the initial validation procedures,the signature date on the petition was
•
compared against the date of voter registration. If the petition was signed prior to the voter
registration date in the general register,the signature was invalidated(PSD). After legal
examination of the definition of"qualified voter",it was determined that as long as the person
had registered to vote when the petition was examined against the general register by the Office
of the County Clerk,the signature should be validated. Thus,all signatures falling only under
the"Prior Signature Date"criteria in both original and supplementary petitions were added to the
valid signature total.
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:45:23 p.m. 10-19-2011 13/25
27. Based upon a thorough and comprehensive examination of each signatory against
the general register(Statewide Voter Registration System),the voter registration information on
file,applicable law and procedures,I find the following relating to the validity of the signatures
submitted:
Total Signatures Required for Sufficiency 4,846
Total Signatures Submitted 8,782
Total Signatures Withdrawn At Signatory's Request -1
Total Signatures Invalidated Due To Discrepancies with -1
Circulator's Affidavit and Signatory's Date
Total Net Signatures Examined 8,780
Total Valid Signatures(includes 113 PSD Signatures) 3,982
Total Invalid Signatures 4,728
Additional Signatures Still Required for Sufficiency 864
***Reasons for Invalidity***
Total Duplicate Signatures 185
Number of Signatures-No Residence Address(NRA) 500
Number of Signatures-Residence Address No Match(RANM) 1,578
Number of Signatures-Not Hawaii County(NHC) 68
Number of-No Printed Name(NPN) 3
Number of Signatures-No Signature Date(NSD) 508
Number of Signatures-Duplicate(DUP) 185
Number of Signatures-Missing(NS) 8
***Some signatures may have had more than one reason for invalidity.
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:45:39 p.m. 10-19-2011 14/25
Number of Signatures-Duplicate(DUP) 185
Number of Signatures=Missing(NS) 8
***Some signatures may have had more than one reason for invalidity.
CONCLUSION
It is determined that the petition submitted by Save Our Land Citizens' Committee
contains 3,982 valid signatures,which is 864 signatures below the required 4,846 signatures
required for sufficiency.
A Certificate of Insufficiency is hereby issued in accordance with Section 11-5,Hawaii
County Charter.
A representative of the Committee will be invited by telephone,upon the signing and
filing of this certificate,to pick up a copy of this certificate. This certificate will be mailed to
Post Office Box 4I48,Kailua-Kona,Hawai`i 96745 by regular mail and by certified or registered
mail,return receipt requested. The certificate will also be emailed to Petition Committee
Member Debbie Hecht. Copies of this certificate will be made available to the public on the day
it is signed and filed after an initial attempt is made to contact the Committee by telephone.
It
DATED at Hilo,Hawaii, I thisday of July,2006.
•
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CONSTANCE R.KIRIU
COUNTY CLERK, COUNTY OF HAWAII
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initiative Petition Amendments as requested by Save Our Land Citizen's Committee: . co
The Proposed Ordinance is printed.below. New material-Is underlined and material to be-.deteted is bracketed and stricken.
County of Hawai'i,State of Hawaii-Ordinance No. _ ' .- -
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 42,HAWAII COUNTY CODE 1083(2005 EDITION),RELATING TO THE PUBLIC ACCESS,OPEN
SPACE,AND NATURAL RESOURCES PRESERVATION COMMISSION. .C1 NAY 17 F j S• n
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9E IT ORDAINED BY THE COUNCIL OF THE COUiiTY OF HAWAII: - —1
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SECTION 1.Chapter 2,Article 42,Section 2-214,Hawaii County Code 10B3(2005 Edition),is amended to read as follows: D.i:.;.; : -"" ' " oc
Section 2-214.Public access,open space,and natural resources preservation fund. COUNT;`
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(a) A public access,open space and natural resources preservation fund is hereby established.This special fund shall be administered and managed by the o
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finance department.
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(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds;authorized and issued forthe purposes of this article;
. (2.) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawai'i County Charter or the Hawaii County Code for the purposes of this article;[and}
(4) Grants and private contributions intended for the purposes of this article;and
(5) Two percent(2%)of Hawaii Coulltv.real property tax revenues collected annually(including penalties). n
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u (c) In adopting each fiscal year's operating budget,the council shall appropriate a minimum of$250,000 to the public access,open space and natural resources z
aa� »' preservation fund.
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(2) Nothing In this section shall prevent the council from appropriating amounts In excess of the above n
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z SECTION 2. Material to be repealed is bracketed and stricken. New material issunderscored. In printing this ordinance,the brackets,bracketed material and z
underscoring need not be included.
SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance,is held invalid,such invalidity shall not effect other
provisions or applications of the ordinance which can be given affect without the Invalid provision or application,end to this end,the provisions of this ordinance are
declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
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RETURN ALL COMPLETED, NOTARIZED PETITIONS TO: save Our Land Committee, PO BOX 4148, KAILUA-KONA, HI 96746Hi
Ill
Note that first deadline for returning signatures via US mail is May Bth, FINAL DEADLINE for all signatures is May 26911,2OO6
Committee: Wendy Scott-Vance,PO Box 785,Na'elehu,HI 98772;Debbie Hecht,PD Box 4148,Kailua-Kona, HI 96745;Mike Varney,
Po Box2891 Kamuela,HI 96743,Karen Clarkson, PO Box 1396, Honokaa,HI 96727;Steve Hlrikami PO Box 1494,Pahoa,95778. o
t, cS U"L't) /1-. jJ//2'/1�� Phone number `irn 'gam' circulated this petition which contains t) signatures,each of I
02.�" .>. -•-'• •—'^'--"• • -• ich w= affixed to my pre'= ce, E.ch of which is the genuine signature of the person whose name It purports to be. a
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LORI ANNE Y.AICNARDSsigm •y,, A ►_".a A, f.iJ-` Sworn before me on INS day of " 96 2006.
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To:The Hawaii County Council,
We request that you amend the County Code and incorporate the changes outlined In this Initiative Petition.to Amend Chapter 2 Article 42 Public Access,Open
Space, and Natural Resources Preservation Fund Section 2-214 by adding a new clause and deleting an existing one(see reverse/attached for actual text):
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ADD Section 2-214(b'I 5: TWO PERCENT(2%) OF THE PROPERTY TAX REVENUES COLLECTED ANNUALLY(INCLUDING PENALTIES): z
DELETE Section 2-214:(c)(1); When the unencumbered balance In the fund(exclusive of bond proceeds)equals or exceeds
$5;000,000,no further county appropriations shall be made unto the balance falls:below$5,000,000.
PLEASE PRINT CLEARLY • Today's Last 4 Email Address If you r—.
Name As Registered to Vote tSlrthdate Signature Street Address on voter registration application Date SS#digits went more Information
1/3 4/10 Jkealoha@ 0
John Kealoha 65 podia 44z 73-6842 Katako Road, Kona 96740 06 1664 aol.com
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• Initiative Petition Amendments as requested by Save Our Land Citizen's Committee: 03
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The Proposed Ordinance.is printed:belbvif. New material:is underlined and Material to be deleted is bracketed and stricken. -
County of Hawaii,State of Hawaii-Ordinance No.
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 42,HAWAII COUNTY CODE 1983(2005 EDITION),RELATING Tb'THE PUBLIC:ACCESS, OPEN n
SPACE,AND NATURAL RESOURCES PRESERVATION COMMISSION, ' o
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BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: ,06 tillY 1 7 P 2 :-/6 z
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SECTION 1. Chapter 2,Article 42,Section 2-214,Hawaii County Code 1983(2005 Edition),is amended to read as l{llpwE_ o
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Section 2-214, Public access,open space,and natural resources-preservation fund. (-(:t' `"; F
(a) A public access, open space and natural resources preservation Fun is hereby established.This special fund shall be administered and managed by the D
finance department.
(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds,authorized and issued for the purposes of this article; 1
(2) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for the purposes of this article;land}
(4) Grants and private contributions intended for the purposes of this article;and no
(5) Two percent(2%)of Hawaii County real property tax revenues collected annually(inciudinq penalties). c
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• .�,.�(c) In adopting each fiscal year's operating budget,the council shall appropriate a minimum of$250,000 to the public access,open space and natural resources j
et -C preservation fund. . • n
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(2) Nothingin this section shall prevent the council from appropriating amounts in excess of the above , F
minimum amounts to this fund. _
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EETION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance,the brackets,bracketed material and
underscoring need not be included.
04 CT1ON 3. It any provision of this ordinance or the application thereof to any person or circumstance,•is held invalid,such invalidity shall not effect other
provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this,end,the provisions of this ordinance are
declared to be severable.
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SECTION 4. This ordinance shall lake effect upon its approval.
RETURN ALL COMPLETED, NOTARIZED PETITIONS TO: Save Our Land Committee, PO BOX 4148, KAILUA-KONA, HI 96745 -c
Note that first deadline for returning signatures via.US mail is May 8th, FINAL DEADLINE for all signatures is May 26th,2006
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Committee: Wendy Scott-Vance,PO Box 785,Na'alehu,1-11 96772;Debbie Hecht.PO Box 4148,Kaiitie-Kona,Hi 96745;Mike Varney,
=.S_: ..-0 Karnue - HI 96743, Karen Clarkson, PO Box 1396, Honokaa, HI 98727;Steve Hirikami PO Box 1494,Pahoa, 96778. o
WENDS' HOLDEN , ' J
. Notary Pu,b1i_ .{...11/1L G .4_.• •hone number • circulated this petition which contains 'e signatures,each of
•7'w ti of Ham/1i h hich affixed'n my prese�e,'Each of which Is the genuine signature of the person whose name it purports.to be.
•
Signed: r '` / Sworn before me on this. /c-31.12. day of I 0 2006.
1./ULI."-: _V- 41�Notary,State of Hawaii My commission expires: CC e(
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:47:29 p.m. 10-19-2011 18/25
CONSTANCE R.KIRIU • ,�:"� ! WILLIAM E.SMITH
Cnunxy,Clerk Deputy County Clerk
OFFICE OF THE COUNTY CLERK
Elections Division
- County of Hawaii
Hawai'i County Building
25 Aupuni Street
Hila,Hawaii 96720
In the Matter of the )
Initiative Petition of ) CERTIFICATE OF INSUFFICIENCY;
Save Our Land Citizen's ) EXHIBITS"A","B","C"
Committee )
CERTIFICATE OF INSUFFICIENCY
Pursuant to Article XI,Hawai`i County Charter,the initiative petition submitted by the
SAVE OUR LAND CITIZENS' COMMITTEE,entitled: "Initiative petition-amending
Chapter 2, Article 42,of the Hawaii County Code",is hereby certified and deemed to be
insufficient. The petition was deemed insufficient on June 5,2006 on the grounds that the
petition"is signed by less than the required number of qualified voters of the County," The
petition must contain 4,846 valid signatures to be deemed sufficient. The petition filed on
May 17,2006,contained 3,001 signatures. The petition is deemed to contain 1,366 signatures
of qualified voters of the County. This number is 3,480 signatures of qualified voters less than
required.
Pursuant to Section 11-5(a) and(b),Article XI,Hawaii County Charter,the following
findings,which will be presented to the committee as outlined herein,show the particulars
wherein the petition is not sufficient, The Save Our Land Citizens' Committee is hereby
notified that pursuant to the Section 11-5,Article XI,Hawaii County Charter:
1. If a majority of the committee elects to amend the petition,you must notify the
Clerk. If not, you are hereby notified that the Clerk shall present this certificate to
Hawaii County is an equal opportunity provider of X H 1811' D
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:47:50 p.m. 10-19-2011 19/25
•
reject the second certificate or substitute its own determination of sufficiency of
the petition by resolution. You are hereby notified that the review actions of the
County Council shall be final,but shall not preclude the filing of a new petition
for the same purposes.
The above is based on the applicable law,the documents received,the evaluation of the
documents conducted by my staff and the following findings.
FINDINGS
1. The sufficiency of the petition was determined based upon the provisions of
Article XI,Hawaii County Charter;informal written and verbal opinions from the Office of the
Corporation Counsel relating to the social security number requirement,the required number of
signatures necessary to determine sufficiency,and the validation of signatures;and,to the extent
applicable and practicable,the basic procedures used to evaluate nomination papers and
qualifying political parties. Every signature line was manually evaluated by staff members from
the Election Division of the Office of the County Clerk from May 17-June 5,2006,and
June 16-26,2006.
2. Section 11-2(c),Hawaii County Charter,relating to Submission Requirements,
reads as follows:
Each initiative petition and each referendum petition must be signed by qualified voters
of the county equal in number to at least fifteen percent of the total number of persons
who voted in the county for the office of the mayor in the most recent second special
election,or,if there had not been a second special election,in the last preceding general
election.
3. It is determined that the Committee needs 4,846 valid signatures of qualified
voters to be deemed sufficient based on 32,305 total votes cast for mayor in the 2004 special
election x 15% = 4,846 qualified voters.
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3. The Save Our Land Citizens' Committee is comprised of five members who are
qualified voters of the County and,with the exception of one committee member who did not
sign the petition as submitted, are signers of the petition:
NAME DATE/PAGE SIGNED PEIITLON
Deborah A.Hecht April 10,2006/Page 0000211
Karen Clarkson May 4,2006/Page 0000009
Wendy Scott-Vance April 17,2006/Page 0000143
Michael L.Varney Signature not on petition
Steven A. Hirakami April 20, 2006/Page 0000107
4. Each signature page of the petition indicated the names and addresses of the
members of the petitioners' committee and the address to which all notices could be sent--Post
Office Box 4148,Kailua-Kona,Hawai`i 96745.
5. Each signature page contained a space for(a)each signer to print their name as
registered to vote, (b) the signature, (c) the street address as shown on voter registration
application, (d)the date of signing,(e)the last four social security number digits,(f)an email
address, and(g)birthdate. A page of the petition,attached as Exhibit'B"and incorporated into
this certificate,is submitted as a sample page (with the information relating to the signers of that
page omitted.)
While Section 11-4(b)(4), Article XI,Hawa'i'i County Charter,requires electors to print
their names, add their signatures,residence addresses,social security numbers and the date on
said petition,it was determined that social security numbers could not be IegalIy required on the
petition based on the federal privacy law, Therefore,although not mandated,the petitioners'
committee decided to include the option for an elector to provide the last four digits of the
person's social security number and the person's birthdate.
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:48:32 p.m. 10-19-2011 21 125
6. The pages were on papers of uniform size and style and assembled as one
instrument. The instrument was submitted and reviewed in the presence of two members of the
committee..Pursuant to Section 11-4(b)(3),Article XI,Hawai`i County Charter, which states:
Upon presentation,petition which reasonably comply with this subsection(a)shall be
accepted by the clerk without delay;petitions shall be rejected for non-compliance.
The pages deemed acceptable were received for processing.
7. The 409 pages submitted were accepted after it was determined that each set of
pages was accompanied by an Affidavit executed by the circulator of the pages attesting to the
effect that the person circulated a set of papers,each page bears a stated number of signatures,
each signature was affixed in the circulator's presence and each signature is the genuine
signature of the person whose name is purports to be. A copy of one of the Affidavits is attached
as Exhibit"C" and incorporated into this certificate by reference.
8. The 409 pages submitted were processed after it was determined,in the presence
of two members of the committee,that a copy of the proposed ordinance(Exhibit"A")was on
the reverse side of each page at the time of signing.
9. After reviewing Section 11-2(c), Article XI,Hawaii County Charter,and after
obtaining an opinion from the Office of the Corporation Counsel,it is determined that the
committee needs 4,846 valid signatures of qualified voters to be deemed sufficient based on the
following computation:
32,305 Total Votes Cast for Mayor in 2004 Special EIection x 15%=4,846 Qualified Voters
It should be noted that there were also 1,002"blank"votes, which contained no votes for
any mayoral candidate and 1 "over"vote,which contained votes for more than one candidate for
mayor. The"blank"votes and"over"vote were not counted in computing the total necessary
signatures of qualified voters.
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10. The 409 signature pages contained 3,001 signatures or names. Of those
signatures or names, a manual review was conducted of each signature line to determine if the
name and address provided by the signer matched the general register(statewide voter
registration system.) In the past, when social security numbers were required to be provided on a
petition,the Office of the County Clerk used the social security numbers as the initial method of
globally locating whether persons were registered to vote in the County of Hawaii. Without this
precise locator,the elector's name was used to manually search the general register(statewide
voter registration system.)
The manual review included,but was not limited to,the following actions:
a. The information in the column entitled"Today's Date"was checked to
confirm that the signer indicated a proper date of signing. Persons who did not provide
the date of signing, or provided an incomplete date,had their signatures invalidated.
Further,persons who were not registered voters on the date of signing were invalidated.
Persons from whom an executed voter registration affidavit was not received prior to or
contemporaneously with the petition signing,were invalidated as having a "prior
• signature date." The date check was made of every elector deemed to be a qualified
voter.
b. Every name was compared to the general register(statewide voter
registration system.) If it was determined that the name matched the name of a duly
registered Hawai`i County voter, and if the residence address matched the address in the
general register,the signature was deemed valid assuming it was properly dated.
c. The last four digits of the person's social security number and the
birthdate were used to properly identify duplicate voters.
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d. Finally,450 randomly-selected signatures of the 3,001 signatures
submitted were compared to those on file. No evidence to indicate fraud or forgery was
found.
11. Pursuant to Section 11-4(d),signers had until 4:30 p.m.,Thursday,June 1,2006,
to file a written request with the Office of the County Clerk requesting that their signature be
withdrawn. No requests were received by that deadline.
12. Based on the manual review of the signatures submitted, the voter registration
information on file and applicable law,I find the following relating to the validity of the
signatures submitted:
Total Signatures Required for Sufficiency 4,846
Total Signatures Submitted . 3,001
'Total Signatures Valid 1,366
Total Signatures Invalid 1,635
Additional Signatures Still Required for Sufficiency 3,480
***Reasons for Invalidity:
Number of Signatures-Not Registered(NR) 615
Number of Signatures-No Residence Address(NRA) 229
Number of Signatures-Residence Address No Match(RANM) 517
Number of-Signatures- Not Hawaii County(NBC) 26
Number of-No Printed Name(NPN) 2
Number of Signatures -No Signature Date(NSD) 332
Number of Signatures- Prior Signature Date(PSD) 26
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Number of Signatures -Duplicate(CUP) 20
Number of Signatures-Missing(NS) 5
***Some signatures may have had more than one reason for invalidity.
13. A representative of the committee will be invited by telephone,upon the signing
and filing of this certificate,to pick up a copy of this certificate. This certificate will be mailed
to Post Office Box 4148,Kailua-Kona,Hawai`i 96745 by regular mail and by certified or
registered mail,return receipt requested. The certificate will also be emailed to petition
committee member Debbie Hecht. Copies of this certificate will be made available to the public
on the day it is signed and filed after an initial attempt is made to contact the committee by
telephone.
DATED at Hilo,Hawai`i,this „? day of June,2006,
6,;„„7z1z.
CONSTANCE R.KIRIU
COUNTY CLERK,COUNTY OF HAWAII
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8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 01:49:43 p.m. 10-19-2011 25/25
STACY K H1GA JAMES Y.ARAKAKI
Chair&Presiding Officer - ��" !+y\. PETE HOFFMANN
,�_ • FRED HOLSCHUH,DR.
VIRGINIAISBELL '+:��� °`•*r ' DONALD IKEDA
•vice Chair • BOB JACOBSON
•'•�, -' tisk': ANGEL K.PILAGO
•
GARY SAFARIK
HAWAII COUNTY COUNCIL
County of Hawai
Hawaii Counly Building
25 Aupuni Street
Hilo,Hawaii 96720
July 3,2006
Stacy K.Higa, Chair
Hawaii County Council
25 Aupuni Street
Hilo,Hawaii 96720
RE: Communication No. 965.1 :A communication initiative petition of the Save
Our Land Citizens' Committee Amended Certificate of Insufficiency dated July 1,2006.
Pursuant to Section 2(g)of Rule 4 of the Rules of Procedure of the Council of the County of
Hawvai`i,this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter,timely approval is crucial. It is therefore advantageous that approval is granted and
the matter placed onto the next Council agenda for review. However,in the event this request is
denied,for whatever reason,I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
Singerely,
Virginia Isbell,Chair
Committee on Finance
Approved/Date/Waive to Council: Disapproved/Date/Refer to FC:
r#/y0..
44(1°,7 "a;ir
tacy .Higa, air r Stacy K.Higa, Chair
Hawai`i County Council Hawai`i County Council
VI/smc
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