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Sunshine confusion in Council transition

It's an interesting Hawaii County Council shaping up with controversy already spilling over from the old Council's final meeting Thursday morning to the new Council's first meeting Thursday afternoon.

Earlier Ka'u Councilman Bob Jacobson offered a motion to reconsider two recently passed measures, one approving the Kona Coffee Estates project and the other approving the county's General Plan, which includes a provision calling for the state to make Route 130 to a four-lane highway. But neither item nor the motion for reconsideration were on the morning meeting's agenda. Jacobson said he only wanted to raise the issue for reconsideration at a future meeting.

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The Chair, Pete Hoffmann
Yet the old Council went ahead with discussion and a vote to reconsider the two issues and rejected both on a single 6-3 vote. Jacobson tried to offer a motion for reconsideration again with the new Council at the afternoon meeting but was called out of order by the newly installed Council Chairman Pete Hoffmann.

Now based on previous state Office of Information Practices decisions, it would seem fairly clear that the discussion and vote should not have taken place since it was not on the agenda and the public had no advance notice in order to address the issue. It might also have been a Sunshine law violation to even consider the motion for reconsideration since that wasn't on the agenda either.

The County's Corporation Counsel said legally the Council has only one shot at reconsidering something already approved, but it was not clear yet whether the morning's vote actually counted. Hoffmann suggested Jacobson and new South Kona Councilwoman Brenda Ford, who called for Special Counsel to look into the matter, investigate their options for reconsideration with the OIP. Stay tuned.

Posted on Monday, December 4, 2006 at 04:42PM by Registered CommenterHunter Bishop in , , | Comments8 Comments

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Reader Comments (8)

Thank you for clarifying what happened at the council meeting today. According to Rule 17, the motion for reconsideration is made at one meeting, then placed under "other business" at the next regular council meeting. It appears the vote today was invalid. I'm looking forward to confirmation on that point - the newly elected council will have to deal with the problems that are represented by the approvals, they should have an opportunity to consider the details.
December 4, 2006 | Unregistered CommenterBarbara Scott
In regards to the motion to reconsider the General Plan
changes. It had nothing to do with Highway 130. But instead it involved land in above Kealakekua Bay and by Honokohau
harbor here in Kona.
December 4, 2006 | Unregistered CommenterAaron Stene
The General Plan Amendments were a gnarly basket of hodge-podge changes, including the big ideas about Honokohau harbor .

There is something not quite right about the whole melodrama today. Politics is not a one act play.

It never occurred to me to go to this morning's meeting.

Anyone here go?
If so...what happened?





December 4, 2006 | Unregistered CommenterJames Weatherford
James, it looks like Hunter went to the morning meeting because how else would he have gotten those details? I agree with you tho, the GP amendments are a hodge podge of changes that affect both sides of the island and not just Kona. Due to the heavy discussion we have been having over Hwy 130 over the past few days, I believe that the reconsideration vote had much to do with Hwy 130 and not just with Kona land issues. Thanks Hunter for this report. I am looking forward to further council episodes.
There are certainly interim amendments proposed for Highway 130 - TRANSPORTATION – Roadways
4. Page 13-7, PUNA, 13.2.5.1.2 Courses of Action.
Add a new course of action as follows:
(c) Encourage the State to widen Highway 130 to four lanes with a median and channelized intersections.
Rationale: Rapid growth in the areas served by this highway, and the number of available lots will make these improvements necessary.
This is something all island residents have in common - the Planning Department moves on its own agenda, whether or not local district residents support the proposals.
December 4, 2006 | Unregistered CommenterBarbara Scott
Was that GP amendment a part of the overall GP amendments
that included some Kona land issues. I was under the impression the voted GP amendments involved only Kona land
use changes.
December 4, 2006 | Unregistered CommenterAaron Stene
I didn't see anything detailed on the County Council meeting agenda, but there are two public hearings scheduled for the Interim General Plan Amendment Workshops.
December 7th in Kona 3:30 p.m. and December 8th in Hilo @ 5:30 p.m.
(http://www.hawaiicounty.com/planning/GPInterimAmdWorkshop120806.pdf)
December 4, 2006 | Unregistered CommenterBarbara Scott
According to Bill 309, Draft 4, An Ordinance Amending the Hawaii County General Plan, which was handed out at the public hearing held in Kona a few weeks ago, a variety of Elements were covered around the island.

Specific to Puna under Transportation - Roadways
Page 13-7, Puna 13.2.5.1.2 Courses of Action.
The amendment was to add a new course of action as follows:

(c) Encourage the State to widen Highway 130 to four lanes with a median and channelized intersection or modern roundabouts(all underscored).

After reading this, I can now see what James W. had in mind.

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