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HomeMy WebLinkAboutAGE COUNCIL 2007/01/19 2006-2008 PETE HOFFMANN °"'shy BRENDA FORD `~S`.. I STACY K. HIGA Chair & Presfdmg Officer DONALD IKEDA K. ANGELPILAGO ; BOBJACOBSON lice Chair ~jh,o,;N'+~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii ^y~~ Hawai `i County Building - R~~l~~ 25 Aupuni Street 7lms'~2 %D',~'•'t"gy Hilo, Hawai `i 96720 9at• z - O 7 _ County Council 4°i Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hiio, Hawaii Friday, January 19, 2007 9:00 a.m. INVOCATION Pastor Bob Tominaga of Thy Word Ministries CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES December 4, 2006 (10 a.m. - S ls` Session) December 4, 2006 (3 p.m. - ls` Session) (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Huwai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-4 Page 2 January l9, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 91: REQUEST TO DISCUSS THE STATUS OF VIDEOCONFERENCING, EQUIPMENT, AND STAFFING OF COMMITTEE AND COUNCIL MEETINGS IN WEST HAWAII From Council Member Donald Ikeda, dated January 10, 2007, requesting to discuss the status of videoconferencing, equipment, and staffing Committee and Council meetings to be held in West Hawaii. Cites Resolution 402-06 (Drafr 4) and Council Rule 2 relating to the above-mentioned provisions. Waived: FC ORDER OF RESOLUTIONS Res. 20-07: Enhances the Role of the Hawaii County Council as the Policy Making Body for the County of Hawaii by Directing that the Council Take a More Proactive Role in the Annual Budget Process. {Provides specific input to the Mayor regarding Council funding priorities for the 2007-08 fiscal year, and asks that the Mayor include the identiSed funding priorities in the operating budget which would be submitted to the Council on March 1, 2007. Specific funding priorities include: provide adequate funding and resources for Community Development Plans around the island; increase mid-level management personnel in the Parks and Recreation and Planning Departments; increase the number of positions in the Fire Department; allocate funds for college tuition expenses for cadets enrolled in the Police Department's Cadet Program; and prioritize capital improvement projects indicating specific funding sources for each project.} Re: Comm. 31 Intr. by: Mr. Hoffmann Approve: FC-10 Res. 22-07: Authorizes the Acceptance of a Monetary Donation of $2,000 to the Hawaii County Police Department. {Donated by Wal-Mart Hilo as part of its community involvement program and funds would be used for general law enforcement related purposes.} Re: Comm. 39 Intr. by: Mr. Yagong Approve: FC-14 Hawaii County Council-4 Page 3 January 19, 2007 Res. 23-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Agriculture, Pursuant to HRS 46-7, for the County of Hawai`i's Coqui Frog Eradication and Control Program. {Funds would be used to purchase citric acid anhydrous for the control of the coqui frog on the Island of Hawai`i.} Re: Comm. 40 Intr. by: Mr. Yagong Approve: FC-16 Res. 27-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Pazks and Recreation Parks Maintenance Other Current Expense Honu`apo Concrete Barrier(s). Discretionary funds from District 6 would be used for the placement of 150 concrete barriers to protect the shoreline and grassy areas at Honu`apo.} Re: Comm. 60 Intr. by: Mr. Jacobson Waived: FC Res. 31-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Friends of the Palace Theater-5th Annual Hilo Chinese New Year Festival). Discretionazy funds from District 6 would be used to su~port performances of the Lion Dancers that will be performing at the 5` Annual Hilo Chinese New Year Festival on February 16, 2007.} Re: Comm. 70 Intr. by: Mr. Jacobson Waived: FC Res. 32-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Parks and Recreation Park Maintenance Other Current Expense (Placement of Portable Restroom at Old Hakalau Mill Site). Discretionary funds from District ]would be used towards the rental of a portable restroom for Lot 3D (Old Hakalau Mill Site) for one year.} Re: Comm. 71 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-4 Page 4 January 19, 2007 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FH2ST READING) Bill 1: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Limited Industrial - 1 Acre (ML-la) to Industrial-Commercial Mixed 1-Acre (MCX-la) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-51:96 (approx. 46,246 square feet). {C&R Development, LLC, Applicant. } Re: Comm.3 Intr. by: Mc Pilago Approve: PC-1 Postponed: January 4, 2007 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Naeole to approve Bill 1.) and; Comm. 3.1: From Council Member Bob Jacobson, dated January 4, 2007, submitting for Council's consideration a proposed amendment to add a new Section 10 requiring the developer to construct curbs, gutters and sidewalks fronting Maiau and Kamanu Streets. Bill 3: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds ENVIRONMENTAL MANAGEMENT: Greenwaste and Composting Facility at the West Hawaii Sanitary Landfill ($1,750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,750,000). Funds would be used to construct a legally permitted composting facility at the resource recovery area adjacent to the West Hawaii Sanitary Landfill at Pu`uanahulu.} Re: Comm.ll Intr. by: Mr. Yagong Approve: FC-3 2/3 Vote: Section 10-6(d), Hawai`i County Charter Postponed: January 4, 2007 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Pilago to approve Bill 3.) and; Comm. 11.3. Hawaii County Council-4 Page 5 January 19, 2007 Bill 9: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in State Grants -Gang Response System ($7,346); appropriates same to Gang Response - Kona. Additional funds would be used to involve community-based agencies and government organizations to work together to address youth gangs and the issues surrounding these groups.} Re: Comm. 35 Intr. by: Mr. Yagong Approve: FC-11 Bill ] 0: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PARKS AND RECREATION: Waimea District Park ($149,000); funds shall be provided from Fair Share Assessment Contributions ($149,000). Funds would be used to master plan a new Waimea District Park to serve the recreational needs of the District of South Kohala.} Re: Comm. 36 Intr. by: Mr. Yagong Approve: FC-12 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 1 1: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PARKS AND RECREATION: Kamehameha Park Comfort Station ($250,000); funds shall be provided from Fair Share Assessment Contributions ($250,000). Funds would be used to construct the comfort station according to the design commissioned by Kohala Ranch LLC and reviewed and approved by the Parks and Recreation Department.} Re: Comm. 37 Intr. by: Mr. Yagong Approve: FC-13 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 13: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($2,000); appropriates same to Police Administration Division -Other Current Expense.} Re: Comm. 39 Intr. by: Mr. Yagong Approve: FC-15 Hawaii County Council-4 Page 6 January 19, 2007 Bill 14: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grant -Coqui Frog Eradication Supplies ($140,000); appropriates same to Coqui Frog Eradication Supplies.} Re: Comm. 40 Intr. by: Mr. Yagong Approve: FC-17 Bill 16: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: ADA Curb Ramp Compliance ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,500,000). Funds would be used to construct curb cuts at street intersections throughout the island enabling persons with disabilities to use public sidewalks.} Re: Comm. 43 Intr. by: Mr. Yagong Approve: FC-18 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 18: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Contribution from Private Source ($10,000); appropriates same to Paniolo Drive Smart Signs -Private. Funds would be used to purchase two Smart Signs to be used to help control speeding on Paniolo Drive in Waikoloa Village by alerting drivers of their vehicle speed in real time.} Re: Comm. 53 Intr. by: Mr. Yagong Waived: FC Bill 20: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants -Reed Act (Act 190) ($1,925,556); appropriates same to Reed Act - 2006-07. } Re: Comm. 72 Intr. by: Mr. Hoffmann Approve: CHA -January 3, 2007 Hawaii County Council-4 Page 7 January 19, 2007 Bill 220 Amends the State Land Use Boundazies Maps for the County of Hawaii by (2004-2006): Changing the District Classification from the Agricultural to the Urban District at Keonepoko, Puna, Hawaii, Covered by Tax Map Key 1-5-7:53 (approx. 3.317 acres). {Timothy Lynn Gardner, Applicant.} Re: Comm. 680 Intr. by: Mr. Pilago Approve: PC-4 Postponed: January 4, 2007 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Yagong to approve Bi11220.) and; Comm. 56.1: From Council Member K. Angel Pilago, dated January 4, 2007, transmitting a copy of a Hawaii Supreme Court decision in "GATRI v. Blane", stating that this information appears relative to Bills 220 and 221; and Comm. 56.6: From Council Member Bob Jacobson, dated January 4, 2007, submitting for Council's consideration a proposed amendment to Bi11220 (and subsequent Bill 221) adding a new Section 2 prohibiting a lefr turn in or out from Highway 130 or from the subject property; and Communications 56.7, 56.13 through 56.15, 56.18, 56.20, and 56.23 through 56.25. Bill 221 Amends Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawaii County Code 1983 (2005 Edition), by Changing the District (2004-2006): Classification from Agricultural (A-la) to Industrial-Commercial Mixed (MCX-la) at Keonepoko, Puna, Hawaii, Covered by Tax Map Key 1-5-7:53 (approx. 3.317 acres). {Timothy Lynn Gardner, Applicant.} Re: Comm. 680.1 Intr. by: Mr. Safarik (B/R) Approve: PC-5 Postponed: January 4, 2007 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Yagong to approve Bi11221, Draft 2.) and; Comm. 56: From Planning Director Christopher J. Yuen, dated December 22, 2006, stating their opposition to these bills and provides additional comments listed in this communication; and Communications 56.2, 56.4, 56.5; and Comm. 56.6: From Council Member Bob Jacobson, dated January 4, 2007, submitting for Council's consideration a proposed amendment to Bi11221 (and previous Bill 220) adding a new Section 2 prohibiting a left turn in or out from Highway 130 or from the subject property; and Communications 56.8 through 56.11, 56.16, 56.17; and Coinm. 56.19: From Fire Chief Darryl Oliveira, dated January 4, 2007, submitting comments regarding Condition E relating to the applicant's contribution of $200,000 to the County of Hawaii towards the construction of a service road; and Communications 56.21 and 56.22. Hawaii County Council-4 Page 8 January 19, 2007 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 4 Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of (Draft 2): Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in State Grants -Gang Response System ($5,000); appropriates same to Gang Response - Hilo. Funds would be used to involve community-based agencies and government organizations to work together to address youth gangs and the issues surrounding these groups.} Re: Comm.l2.l Intr. by: Mr. Yagong ls' Reading: January 4, 2007 Bill 5: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($2,500); appropriates same to Fire Prevention - Other Current Expense.} Re: Comm. 13 Intr. by: Mr. Yagong 15f Reading: January 4, 2007 Bill 6: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($2,000); appropriates same to Fire Prevention - Other Current Expense.} Re: Comm. 14 Intr. by: Mr. Yagong 1 s' Reading: January 4, 2007 BiII 7: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants - Hawaii County Police Department (HCPD) Clickit or Ticket ($700); appropriates same to HCPD Clickit or Ticket. Funds would be used to reduce the fatalities and injuries to front and rear seat occupants aged 17 and under, of motor vehicle collisions by improving awareness of state laws.} Re: Comm. 15 Intr. by: Mr. Yagong 1s` Reading: January 4, 2007 Hawaii County Council-4 Page 9 January 19, 2007 Bill 15: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: Palani Road Safety Improvements -Federal ($1,700,000); funds shall be provided from Federal Grants Receivable ($1,700,000). Funds would be used to realign the eastern terminus of Kealaka`a Street to intersect Palani Road at Palihiolo Street to form a new intersection that would improve vehicular and pedestrian access and safety for users of the high traffic volume intersection.} Re: Comm. 41 Intr. by: Mr. Yagong ls` Reading: January 4, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 17 Amends Chapter 11 (Housing Code) of the Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) by Adding Language to Section 11-6 to Provide Clarification for Determining the In-Lieu Fee. Re: Comm. 44.1 Intr. by: Mr. Hoffmann 1 s' Reading: January 4, 2007 BiII 231 Amends Chapter 25 (Zoning Code) of the Hawaii County Code, Relating to Scenic (2002-2004): Corridors. {Adds a new division to Chapter 25, Article 6, Hawaii County Code 1983 (2005 Edition) entitled, "Division 6. Scenic Corridors," which delineates criteria and procedures for the establishment and initiation of scenic corridors.} Re: Comm. 509 Intr. by: Mc Reynolds (B/R) ls` Reading: December 20, 2006 Postponed: January 4, 2007 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bi11231.) Hawaii County Council-4 Page 10 January 19, 2007 Bill 345 Planning Director Initiated Amends Chapter 25, Article 1, Subsection 25-1-5(b), (Drafr 2) (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as Amended), (2004-2006): Relating to the Definition of Family. {Amends the definition of "Family" to include a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed or certified by the Department of Health. Drafr 2 adds additional language to this definition to include "provided that if more than one dwelling on a lot is used for such a facility, the number of unrelated persons in each dwelling shall not exceed five, plus any program staff'.} Re: Comm. 67.20 Intr. by: Mr. Pilago Approve: PC-128 Postponed: December 20, 2006 ls` Reading: January 4, 2007 (Note: Pursuant to Council Rule No. 12-9(b), due to the tie vote of 4-ayes, 4-noes, and 1-absent & excused, this matter has been placed on this agenda.) REPORTS REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regazding the following cases, pursuant to Section 92-5(a)(4), Hawai` i Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 54: REQUEST FOR REPRESENTATION OF DETECTIVE REED MAHUNA, PROSECUTING ATTORNEY JAY T. KIMURA, AND DEPUTY PROSECUTING ATTORNEY SANDRA L. FREITAS; CIVIL NO. 06-00640DAE/KSC From Deputy Corporation Counsel Michael J. Udovic, dated December 27, 2006. Comm. 66: THOMAS YOUNG V. COUNTY OF HAWAII, CIVIL NO. OS-O1-164K. From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 29, 2006. Comm. 75: REQUEST FOR REPRESENTATION OF FORMER HAWAII COUNTY POLICE DETECTNE ALEXANDER GRAVES; VANESSA HALDEMAN, ET AL V RUTH GOLDEN. ET. AL., CNIL NO. OS-00810 DAE/KSC. From Deputy Corporation Counsel Joseph K. Kamelamela, dated January 5, 2007. Comm. 76: RUSSELL VS COUNTY OF HAWAII. CIVIL NO. 97-01102 SPK. From Deputy Corporation Counsel Joseph K. Kamelamela, dated January 5, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-4 Page 11 January 19, 2007 ANNOUNCEMENTS TUESDAY, JANUARY 23, 2007 HOUSING AGENCY 8:30 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor PUBLIC WORKS AND 10:00 a.m. COUNCIL ROOM - HILO INTERGOVERNMENTAL 333 Kilauea Avenue RELATIONS COMMITTEE Ben Franklin Building Second Floor PUBLIC SAFETY AND PARKS 12:30 p.m. COUNCIL ROOM - HILO AND RECREATION COMMITTEE 333 Kilauea Avenue Ben Franklin Building Second Floor ENVIRONMENTAL 1:00 p.m. COUNCIL ROOM - HILO MANAGEMENT COMMITTEE 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, FEBRUARY 6, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, FEBRUARY 7, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, FEBRUARY 21, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, FEBRUARY 22, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by January 17, 2007. Persons using TDDs may call 961-8521. Hawaii County Council-4 Page 12 January 19, 2007 Copies of an item listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 333 Kilauea Avenue, Hilo, Hawaii 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Videoconferencin¢ is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. lf, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the PahoaNeighborhood Facility will not be available. Submitting Testimony: Those persons wishing to testify in person must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring seventeen (1'n copies of the testimony for distribution at the meeting. Those persons unable to testify in person may submit testimony (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii 96720, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Please submit a separate testimouy for each item. For testimonies submitted by e-mail or fax, copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(6), Hawaii County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 333 Kilauea Avenue, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Friday, January 26, 2007, at 6 p.m.; Sunday, January 28, 2007, at 10:30 a.m.; and Wednesday, January 31, 2007, at 6 p.m. (Hawai`i Tribune Herald -January 16, 2007) (West Hawaii Today -January 16, 2007)