HomeMy WebLinkAboutAGE COUNCIL 2008/11/21 2006-2008PETEHOPFMANN
Chair & Presiding Officer
K. ANGEL PILAGO
Vlce Chat
COUNTY COUNCIL
BRENDA FORD
STACY K. HIGA
DONALDIKEDA
BOBJACOBSON
EMILY 1. NAEOLE
DOMINIC YAGONG
J YOSHIMOTO
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County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96710
51st Session
ORDER OF BUSINESS
Hawaii County Council
333 Kilauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawaii
Friday, November 2l, 2008
8:30 a.m.
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
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Reverend Tim Carigon of Hilo Missionary Church
October 8 and 22, 2008
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving tke Interests oflhe Peaple of Our Island
Hawui `i County is an Equa[ Opportunity Provider and Enrp[oyer.
Hawaii County Council-51 Page 2 November 21, 2008
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 1568: Proposed Amendment to Chapter 25 (Zoning Code), Article 2, Division 4,
Section 25-2-46, Hawaii County Code 1983 (2005 Edition, as Amended) Relating
to Concurrency Conditions for Parks and Recreational Facilities, Wastewater
Treatment Facilities, and Police and Firefighting Facilities
From Mayor Harry Kim, dated October 24, 2008, transmitting the Planning
Commission's letter and enclosures regarding the above matter. The Planning
Commission concurs with the Planning Director's unfavorable recommendation
regarding the proposed County Council initiated amendment to Chapter 25
(proposed bill is attached as "Exhibit A").
(Note: The Council adopted Resolution 686-08 on July 23, 2008, which directed
the Planning Director to submit comments and recommendations on the proposed
Zoning Code amendments; and requested the Planning Commission to review and
transmit its recommendations regarding the proposed bill, within a 120-day review
period, through the Mayor to the Council for consideration and action.)
ORDER OF RESOLUTIONS
Res. 778-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the
FY 2008 Homeland Security Grant Program. {Funds would be used towards
continued development of the State Homeland Security Program and the Citizen
Corps Program. }
Re: Comm. 1506
Intr. by: Mr. Yagong
Approve: FC-362
Res. 797-08: Authorizes the Director of Finance to Deposit County Securities Into Mainland
Depositories and Enter Into Such Depository Agreements Pursuant to Section
46-51, Hawaii Revised Statutes (HRS). {This would broaden the County's
investment options within the restrictions contained in HRS, Section 46-50
(attached to this communication), which specifies the types of investments that the
counties may invest in. }
Re: Comm. 1538
Intr. by: Mr. Yagong
Approve: FC-358
Hawaii County Council-51 Page 3 November 21, 2008
Res. 805-08: Abolishes a Traffic Technician II Position and Creates an Electronics Technician
Position Within the Department of Public Works' Traffic Division. {Determined
that there is a greater need for more technical skills and abilities in the Electronics
field in order to support the Intelligent Transportation System Project and other
projects developed by the Research and Development Section.}
Re: Comm. 1552
Intr. by: Mr. Yagong
Approve: FC-359
Res. 806-08: Creates an Account Clerk Position for the Department of Public Works' Traffic
Division. {The Traffic Division is undergoing a re-organization to handle the
workload (due to an increased number of mandates, projects, requests, and
personnel along with the establishment of a new West Hawaii Facility) and to
improve efficiency. }
Re: Comm. 1553
Intr. by: Mr. Yagong
Approve: FC-360
Res. 809-08: Requests the Mayor to Establish a GMO Advisory Commission Pursuant to
Article IV, Section 4-4, Hawaii County Charter. {Requests the establishment of a
GMO Advisory Commission and appoint its members to serve for a period of time
not to exceed or exist beyond the term of the Mayor; recommends that the
Department of Research and Development partners with this GMO Advisory
Commission; and further requests that annual reports regarding the results of this
Commission's research regarding genetic engineering and transgenic crops be
presented to the Council and Mayor. }
Re: Comm. 1559
Intr. by: Mr. Pilago
Approve: HSEDC-9
Res. 810-08: Accepts the Dedication of Road Lot A (Noelani Loop) (approx. 93,454 square feet),
Being Tax Map Key: (3)2-2-044:119, and a 5-Foot Wide Strip for Kahaopea Street
Widening (approx. 3,170 square feet), Situate at Waiakea, District of South Hilo,
County and State of Hawaii, from Hilolani Enterprises, LLC. {Road dedication is
for public road and drainage purposes. }
Re: Comm. 1560
Intr. by. Ms. Ford (B/R)
Approve: PWIRC-102
Hawaii County Council-51 Page 4 November 21, 2008
Res. 817-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $500 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting
Attorney Other Current Expense, Miscellaneous Contract Services (Neighborhood
Place of Puna). Contingency Relief funds from District 6 would be used to support
the Neighborhood Place of Puna. }
Re: Comm. 1567
Intr. by: Mr. Jacobson
Waived: FC
Res. 818-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development Tourism
Promotion Miscellaneous Contract Services (Hawai`i Island Festivals and Events
Product Development Summit). Contingency Relief funds from District 5 would be
used towards the Hawaii Island Festivals and Events Product Development to
create a contact database as well as the establishment of an association. }
Re: Comm. 1570
Intr. by: Ms. Naeole
Waived: FC
Res. 821-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development New
Industry and Industry Development Miscellaneous Contract Services (Malama O
Puna Pahoa Holiday Parade). Contingency Relief funds from District 5 would be
used towards the Mainstreet Pahoa Association's annual holiday parade in Pahoa. }
Re: Comm. 1576
Intr. by: Ms. Naeole
Waived: FC
Res. 823-08: Encourages the State of Hawaii to Work with the County of Hawaii in the
Planning, Development, Mitigation, and Implementation Process Prior to the
Proposed Operation of the Superferry to Hawaii Island. {Requests the State of
Hawaii to include County agencies in the discussion and decision-making and that
these actions be taken to ensure that the health, safety, and welfare of the people of
Hawaii Island receive the highest consideration.}
Re: Comm. 1579
Intr. by: Mr. Pilago
Waived: FC
Hawaii County Council-51 Page 5 November 21, 2008
Res. 825-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development
Agriculture Research and Development Other Current Expense, Miscellaneous
Contract Services (Kona Coffee Festival/2009 Kona Coffee Cultural Festival).
Contingency Relief funds from District 8 would be used towards the 2009 Kona
Coffee Cultural Festival. }
Re: Comm. 1581
Intr. by: Mr. Pilago
Waived: FC
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKEA ONE-HOUR LUNCHBREAK CLOSE TO THE NOONHOUR.)
BILLS FOR ORDINANCES (FIRST READING)
Bi11375: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 6,
Section 24-288, Schedule 36 (Freight loading zones), paragraph (c) (South Hilo), by
repealing and deleting Subparagraph (6) in order to replace the existing freight
loading zone with more diagonal parking along Kamehameha Avenue, on the
mauka side, between Shipman Street and Wailuku Drive. }
Re: Comm. 1495
Intr. by: Ms. Ford
Approve: PWIRC-103
Bi11376: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5,
Section 24-280, Schedule 28 (No parking at any time), paragraph (c) (South Hilo),
Subparagraph (127) by removing no parking at any time on Pauahi Street, Puna
side, from Kilauea Avenue for a distance 220 feet in the makai direction and from
Aupuni Street for a distance 200 feet in the mauka direction. }
Re: Comm. 1496
Intr. by: Ms. Ford
Approve: PWIRC-104
Hawaii County Council-51 Page 6 November 21, 2008
Bi11377: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in the
following FY 2008 accounts: State Homeland Security Program and Citizen Corps
Program. Funds would be used to prevent, deter, respond to, and recover from
threats and incidents of terrorism; and it supports the County of Hawaii in
leveraging funding to support Homeland Security Initiatives; the amounts in
Bi11377 were incorrect, correct amounts are stated in Comm. 1506.2.}
Re: Comm. 1506
Intr. by: Mr. Yagong
Approve: FC-363
;and
Comm. 1506.2: From Council Member Dominic Yagong, dated October 27, 2008, transmitting a
handout from Mr. Quince Mento containing the correct amounts to Bi11377.
Bi11387: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds
PLANNING: North Kona Roads Planning ($275,000); funds shall be provided
from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other
Sources ($275,000). Funds would be used to implement the Kona Community
Development Plan by enabling the necessary preliminary steps to initiate financing
or to move priority roads to a design-ready stage. }
Re: Comm. 1529
Intr. by: Mr. Yagong
Approve: FC-355
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bi11388: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds
PLANNING: Waikoloa Connector Roads ($350,000); funds shall be provided from
General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other
Sources ($350,000). Funds would be used to study the feasibility of using a
Community Facilities District (CFD) to finance the construction of a connector road
from Waikoloa Village to Queen Ka`ahumanu Highway. }
Re: Comm. 1530
Intr. by: Mr. Yagong
Approve: FC-356
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-51 Page 7 November 21, 2008
Bi11389: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds
PLANNING: Transit-Oriented Design (TOD) Villages Master Plans ($550,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund -
Fund Balance and/or Other Sources ($550,000). The project implements the
recently adopted Kona and Puna Community Development Plans. Funds would be
used to develop in more detail the components of a TOD, the level of detail of a
master plan, and the process to prepare this plan. }
Re: Comm. 1531
Intr. by: Mr. Yagong
Approve: FC-357
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bi11390: Amends Ordinance No. 95-119, Which Amended Ordinance No. 91-83, Which
Amended Ordinance No. 87-9, Amending Section 25-8-7 (North and South Kohala
Districts Zone Map) of the Hawaii County Code 1983 (2005 Edition), as Amended,
Reclassifying Lands from Agricultural - 20 Acres (A-20a) to Agricultural - 3 Acres
(A-3a) at Waika, North Kohala, Hawaii, Covered by Tax Map Key 5-9-007:003
(approx. 24.947 acres). { `Ghana Kohala Trust, Applicant. }
Re: Comm. 1539
Intr. by: Mr. Pilago
Approve: PC-101
Bi11391: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single Family Residential - 10,000 Square Feet (RS-10) to
Multiple Family Residential - 1,500 Square Feet (RM-1.5) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key 2-4-001:116 (approx. 4 acres). {Honpa
Hongwanji Hilo Betsuin, Applicant.}
Re: Comm. 1551
Intr. by: Mr. Pilago
Approve: PC-102
Bi11392: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal
Grants -Victims Services Coordinator ($2,469); appropriates same to Victims
Services Coordinator. Additional funds would be used towards a Victims Services
Coordinator to service the ongoing needs of victims from domestic violence/sexual
assault while cases remain under investigation, and to purchase supplies. }
Re: Comm. 1554
Intr. by: Mr. Yagong
Approve: FC-361
Hawaii County Council-51 Page 8 November 21, 2008
1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
ORDER OF THE DAY (SECOND OR FINAL READING)
Bi11378: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal
Grants -Sexual Violence Prevention and Planning ($14,900); appropriates same to
Sexual Violence Prevention and Planning. Funds would be used to convene a
Big Island group of sexual violence prevention stakeholders to provide input to the
statewide Sexual Violence Prevention and Planning Committee. }
Re: Comm. 1507
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11379: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal
Grants -Hawaii County Police Department (HCPD) Clickit or Ticket ($2,100);
appropriates same to HCPD Clickit or Ticket. Funds would be used in an effort to
reduce fatalities and injuries to occupants aged 17 and under during motor vehicle
collisions by attempting to increase the use of seatbelts by infants, toddlers,
teenagers, and young adults. }
Re: Comm. 1508
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11380: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal
Grants -Hawaii County Police Department (HCPD) Roadblock Program
($15,500); appropriates same to HCPD Roadblock Program. Funds would be used
in an effort to reduce the number of alcohol related fatalities and injuries, to increase
public awareness, and to provide a deterrence against impaired driving by
conducting impaired driving roadblocks. }
Re: Comm. 1509
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11381: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in
Federal Grants -Organized Crime Drug Enforcement Task Force ($20,000);
appropriates same to Organized Crime Drug Enforcement Task Force. }
Re: Comm. 1510
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Hawaii County Council-51 Page 9 November 21, 2008
Bi11382: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in
Federal Grants -Aggressive Driving Project ($36,000); appropriates same to
Aggressive Driving Project.}
Re: Comm. 1511
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11383: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in
Federal Grants -Hawaii County Police Department (HCPD) Data Grant ($72,000);
appropriates same to HCPD Data Grant. }
Re: Comm. 1512
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11384: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates and decreases
revenues in the following: Federal Grants -Hawaii County Police Department
(HCPD) Traffic Investigation Program ($18,570) and Federal Grants -HCPD
Traffic Training and Equipment [$12,000], for a total of $6,570; appropriates same
to HCPD Traffic Investigation Program. }
Re: Comm. 1513
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11386: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer
from General Fund ($18,000); appropriates same to South Hilo Road -Other
Current Expense. Funds would be used to install three paved pullouts along
Ainalako Road in District 3. }
Re: Comm. 1528
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Hawaii County Council-51 Page 10 November 21, 2008
Bi11393: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer
from General Fund ($2,500); appropriates same to Landfills -Other Current
Expense (Miscellaneous Contractual Services: Green Lei Project The Outdoor
Circle dba Kona Outdoor Circle). Funds would be used to provide a visual buffer
around the Solid Waste facilities at Kealakehe. }
Re: Comm. 1555
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
Bi11394: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer
from General Fund ($10,000); appropriates same to The Food Basket Inc. (Hawai`i
Island Food Bank -District 5). Funds would be used to purchase food for programs
that feed the homeless, indigent, and hungry individuals and families. }
Re: Comm. 1556
Intr. by: Mr. Yagong
1St Reading: November 7, 2008
REPORTS
PWIRC-101 Recommends approval of the nomination of Mr. Duane Hosaka (Council District 2)
(Comm. 1543): to the Transportation Commission.
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following matter, pursuant to
Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining
to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS
Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive
meeting.
Comm. 1267.6: MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY
COUNCIL EEOC NO. 37B-2007-00006
From Deputy Corporation Counsel Joseph K Kamelamela, dated November 10,
2008.
Comm. 1571: CLAIM AGAINST THE COUNTY/ROLAND J. AND CHRISTIE K RAPOZA
From Deputy Corporation Counsel Brooks Bancroft, dated November 7, 2008.
Comm. 1572: DRAKE TERLEP V. JOHN KAPSKY, ET AL. CIVIL NO. 08-1-0201
From Deputy Corporation Counsel Michael J. Udovic, dated November 5, 2008.
Hawaii County Council-51 Page 11 November 21, 2008
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
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 for this
meeting should ca11961-8255 by November 19, 2008. TTY users may use Relay Service (711)(961-8255) to
contact our office.
The agenda is available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. Copies of the agenda and items listed on the agenda are
available at the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini
Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway,
Suite 5, Waimea. For further information, please ca11961-8255.
Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii
County Council will be conducting its November 21, 2008, meeting via videoconference. Council Members will
be present at the following locations:
County Council Room -Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo, HI 96720
Kona Council Office -Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, HI 96740.
Videoconferencin~ is available at the following locations; Waimea will be available unti14:30 p.m., or later in the
event public witness testimony has not been completed:
• Kona Council Office at the Kailua Trade Center; and
• Waimea Council Office at the Holomua Center.
If audio stream between Hilo and Kona is lost for more than a short period of time, the meeting will be
terminated.
• Videoconferencing from the Pahoa Neighborhood Facility will not be available.
Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those
submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Testimony may
also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon ~ a,co.hawaii.hi.us. Please submit separate
testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when
transmitted in a timely manner. All oral and written testimony will be made a part of the public record.
Viewing of Meetings on Government Access Television -Channel 52:
Wednesday, December 3, 2008, at 6 p.m.; Friday's, November 28 and December 5, 2008, at 12 p.m.; and
Sunday's, November 30 and December 7, 2008, at 9 a.m. (Note: These airtimes are subject to preemption by
broadcasts from the State Legislature.)
Hawaii County Council-51 Page 12 November 21, 2008
UPCOMING MEETINGS
MONDAY, DECEMBER 1, 2008
9:00 a.m.
COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
COUNCIL -SINE DIE
COUNCIL -NEW
COMMITTEES
COUNCIL
3:00 p.m. COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
TUESDAY, DECEMBER 16, 2008
TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, DECEMBER 17, 2008
TBA SHERATON KEAUHOU
BAY RESORT & SPA