HomeMy WebLinkAboutOrdinance 06-026COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 197
ORDINANCE NO. 0-6 26
AN ORDINANCE AMENDING ORDINANCE NO. 93 -8, RELATING TO EXCEPTIONAL
TREES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Findings and purpose. The grove of mango trees, Mangi %era indica,
located adjacent to Pohoiki Road, at TMK (3) 1 -3 -08, was added to the list of "Exceptional Trees
of the County of Hawaii" pursuant to ordinance 93 -8, effective March 2, 1993. This mango
grove of approximately 600 trees was added to the list, found at section 14 -65, Hawaii County
Code 1983 (2005 Edition), as item number 26.
The County of Hawai`i's Department of Public Works is presently working on the
"Pohoiki Bypass Project" which involves realigning approximately half a mile of the Kaimu-
Kapoho Road in order to bypass an area which has become increasingly flooded during high
tides and is sinking almost one inch per year. Completion of this project will help maintain and
improve a vital transportation and evacuation link for the district of Puna, enhance the safety and
quality of Isaac Hale Park, and decrease undesirable effects on wetlands.
The project will include construction of an intersection at Pahoa- Pohoiki Road and
Kaimu - Kapoho Road. This will impact the Pohoiki grove of mango trees by requiring removal
of one of the mango trees in the grove. This tree, which is located on the Kapoho side of the
road, is situated directly on the centerline of the proposed intersection.
The County of Hawai `i's Arborist Advisory Committee reviewed the County's request to
remove the affected mango tree from the Pohoiki grove at its October 20, 2005 meeting. The
Arborist Advisory Committee recommended that the County Council approve the Department of
Public Work's proposal to remove the one mango tree, with the caveat that this recommendation
shall not set any precedent for the removal of any other tree in the grove. Consequently, the
purpose of this ordinance is to amend ordinance 93 -8 to permit the removal 04`a mango tree that
is presently included within a grove of trees that has been included on the County's list of
Exceptional Trees.
SECTION 2. Ordinance No. 93 -8, is amended by amending section I to read as follows:
"SECTION 1. Chapter 14,1.6fftiele 10 oft the Hawaii County C.a,
1-98 -3;] article 10, section 14 -65, Hawaii County Code 1983 (2005 Edition), is
amended by adding one grove of approximately [600] 599 mango trees to the
existing list of [twenty €+ve] exceptional trees[, afir]_ The mans o tree that
is presently located on the centerline of the proposed intersection at Pahoa-
Pohoiki Road and Kaimu- Kanoho Road is excluded from this prove of mango
trees that is being entered on the list of Exceptional Trees. The grove shall be
entered on the list as follows:
"SECTION 14 -65. Designated Exceptional Trees.
The following trees are designated as `Exceptional Trees of the County of
Hawai `i':
Tax Map Key and
Tree Location Owner
26. Grove of Mangoes 1 -3 -08 County of [Hawai +I Hawai`i
Mangifera indica Pohoiki Road"
SECTION 3. 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.
SECTION 4. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect 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 severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED Y:
COUNCIL ME R, COUNTY OF AWAIT
Hilo, Hawaii
Date of Introduction:
February
1,
1006
Date of Ist Reading:
February
1,
2006
Date of 2nd Reading:
February
15,
2006
Effective Date:
February
24,
2006
fWL':_.X:CE; Comm. 609
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
K. Angel Pilago
February 1, 2006
February 1, 2006 _
N/A
Second Reading: February 15, 2006
To Mayor: February 17, 2006
Returned: February 24, 2006
Effective: February 24, 2006
Published: March 4. 2006
REMARKSS
ROUE; CALL MOTE
AYES
NOES
ABS
EX
Arakaki `
X
Higa
X
Hoffinann
X
Holschuh
X
Ikeda
X
Isbell
X
X
1
0
Jacobson
Pilago
Safarik
X
X
8
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
~
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
— -
Pilago
X
Safarik
X
9
0
0
0
1 DO TIEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. /) i
APPROVED AS TO
FORM AND LEGALITY:
1 �� COUN IL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
<pprovcdlDisapproved this day
of 20 b (o
,W Y )R, COI Y ( T HA�WAI I
197
1 lHI
C- 609/PC -50
Reference:
Ord No.:
®6 26