Monthly Archives: March 2011

O’oma Beachside Village Suing State Land Use Commission

The developers of O’oma Beachside Village filed a lawsuit on January 3rd, 2011 against the State Land Use Commission among others. They’re attempting to  reverse the LUC’s decision not to reclassify O’oma from conservation to urban. I’m not surprised the developer took this action. Dennis Moresco and his partners have 35 million dollars invested in this property.

O’oma Beachside Village Complaint (courtesy of Environment Hawaii)

The Hawaii Supreme Court filed the Judgement on Appeal documentation for the Coupe land condemnation case on March 1st, 2011. The Coupes now have 90 days to petition the US Supreme Court to hear their appeal.

(US Supreme Court docket search)

Kona Village‘s future seems a bit less dire, according this blog posting.

Lastly, West Hawaii Today and Hawaii Tribune-Herald recently published a letter to the editor (here, and here) from  me.  I’ll never understand why people say I should move back to the mainland if I want faster broadband speeds. This same argument was used when I criticized Kona Airport’s poor infrastructure.


Sandwich Isles Communications And Gold Ivory LLC Filed A Lawsuit Against NECA

Sandwich Isles Communications and Gold Ivory LLC filed a lawsuit against NECA on December 30th, 2010. Both Sandwich Isles and Gold Ivory claim recent NECA decisions and interference harmed their businesses.

Sandwich Isles/Gold Ivory’s Complaint Against NECA

Exhibit A

Civil Cover Sheet

NECA filed a reply motion on March 24, 2011 urging the court to dismiss this lawsuit.

The FCC recently ordered NECA to cover 50% of Paniolo Cable Company’s lease costs. However, Sandwich Isles petitioned the FCC to review their September 29,2010 order. Nevertheless, AT&T  filed a motion urging the FCC to reject Sandwich Isles petition.


Palamanui Campus Update

I finally received a response from Hawaii Campus Developers and the University of Hawaii regarding the construction of the Palamanui Campus.

John Morton, UH VP for Community Colleges, sent this reply:

“Aaron,

Sorry to be so late answering. We have two things we need to do to begin construction. First, we want to bring the design in alignment with our being able to get LEED platinum certification. Second, we need to get the permits. I do believe we can do both within the next six months and be in the ground by fall but delays do happen.”

Hawaii Campus Developers e-mail stated “ours was a best guess. We have not seen a schedule.”


Second Queen Kaahumanu Highway Widening Public Information Meeting

A public information meeting for the Queen Kaahumanu Highway Widening Phase 2 project will be held on Tuesday, April 5, 2011, 6pm-8pm at the Kealakehe High School Cafeteria (74-5000 Puohulihuli Street, Kailua-Kona, HI 96740).

This second phase of the Queen Kaahumanu Highway Widening project will consist of 5.2 miles of widening the existing two-lane highway to a four-lane divided highway from Kealakehe Parkway to the Kona International Airport. Representatives from the Department of Transportation (DOT), Goodfellow Brothers, Inc., and SSFM International will be presenting details of the project. Any person with special accessibility or communication needs, please call the project hotline at 1-888-440-7988 a minimum of three (3) days in advance to ensure proper accommodations. For information about the project, please visit the project website at BuildQueenK.com.

This is a coordinated design-build project by Goodfellow Brothers, Inc. and SSFM International.

Related item:
Public Information Meeting Press Release


Mauna Lani Resort Association Filed A Lawsuit Against The Villages At Aina Le’a And Hawaii County

I was surprised to find out the developers of The Villages at Aina Le’a erected signage stating a stop light is coming soon.

Steve Dunnington and Bob Wessels, co-managing partners of DW Aina Le’a Development, complained about the DOT’s long approval process when I toured the project in January. However, the delay was actually due to the project’s incomplete EIS, not because of the DOT’s bureaucracy. In addition, the developers consultants haven’t contacted the DOT since September 30th, 2010 despite Hawaii County’s acceptance of the project’s FEIS on October 25th, 2010.

I’ve e-mailed Steve Dunnington for his thoughts. This blog posting will be updated if he responds.

Update: Steve Dunnington didn’t comment on the intersection issue. However, he did reply to my e-mail regarding the Mauna Lani Resort Association lawsuit:

“The FEIS was accepted by Hawaii County on October 25, 2010 and was published on November 8, 2010. It is current and valid. An appeal was filed and is presently under review, and our response will be filed at the appropriate time.”

Mr. Dunnington later replied top my inquiry regarding the status of signalized intersection:

“The temporary sign at our entrance is meant to inform the community of the fact that ‘Aina Le’a is planning a fully channelized lit intersection at that location. The final plans (executed by Wilson Okamoto, and to be built by Goodfellow Bros) have yet to be approved by HDOT.”

I was doing research on this issue yesterday when I came upon something very interesting. The Mauna Lani Resort Association filed a lawsuit against Hawaii County, DW Aina Le’a Development, and Relco Corporation on January 5th, 2011.

Mauna Lani Resort Association complaint (courtesy of Environment Hawaii)

The Mauna Lani Resort Association is attempting to invalidate the FEIS and place an injunction on the project. This would bar any construction activity until the FEIS is amended to comply with state law.

DW Aina Le’a Development is also fighting the proposed reversion of the project’s land classification. They’ve submitted comments against the LUC’s proposed Decision & Order in this matter.

I e-mailed the LUC on Friday requesting a copy of these comments. They’ll be posted here if the LUC releases these documents.

Bridge Aina Le’a LLC Exceptions And Objections To Proposed Decision & Order

Bridge Aina Le’a LLC Proposed Findings Of Fact

DW Aina Le’a Development’s Objections To Proposed Decision & Order


Tsunami Sirens And Effective Leadership

There are times when one wonders whether anyone listens. Part of the problem may be a lack of communication, or perhaps a lack of understanding of perhaps a lack of leadership. You decide which of these applies in the recent tsunami siren debacle.

In December 2009, my office initiated discussions with County Civil Defense to address obvious shortfalls in tsunami siren coverage in our resort areas in West Hawaii, brought to my attention by a Puna resident. A little research also noted that our County code had no requirements for such an early warning system. The first “tsunami drill” of 26 Feb 2010 highlighted these deficiencies in an actual evacuation, and shortly thereafter, my office prepared a draft amendment to our code to address this issue.

The proposed legislation was referred to both the Planning Commissions, where last November and December, it was met with less than an enthusiastic reception. The Planning Director criticized the draft proposal on several counts: this effort shouldn’t be part of the plan approval process, State and County Civil Defense should administer the program, and maybe we shouldn’t inconvenience a developer with the associated costs of installing such a system. Both Planning Commissions gave my proposal a negative recommendation and sent it back to Council for further action.

Now I’ve been a Council member long enough to appreciate that there are many possibilities to address issues of this nature. I have no difficulty if the Planning Director and the Commissions didn’t agree with my suggestions for resolving the issue, but someone please offer alternatives. However, none were provided. When the draft returned to the Council’s Planning Committee in January, I urged the administration to work on some viable options. Several coastal communities were without an obvious public safety mechanism, our County code included no such requirements, and we already had one tsunami evacuation to prove that my concern was not science fiction. My pleas fell on deaf ears. I received ‘thunderous silence’ from the administration. The only response noted was to suggest that the State should pay for the sirens, and that my proposal did not work with the Planning Department’s plan review process.

Personally, I really didn’t care who pays for the installation of the sirens. The real questions remained: when will the sirens be installed and when will a requirement be established? Surely I couldn’t be the only one who saw this issue. Where was the administration’s initiative? Where was effective leadership demonstrated? And please, let’s stop the bureaucratic double-talk and concentrate on the shortfall.

In mid-February, after continuing to plead for the administration’s assistance in crafting a bill that would meet its criticisms, the Council’s Planning Committee, frustrated with the administration’s lack of action, approved my proposal sending it to full Council by a vote of 6-3. Finally, we heard voices from the administration that the Council’s concerns would now be considered.

On 1 March, State Civil Defense went out on bid to install a number of new civil defense sirens on the Big Island not merely in tsunami evacuation zones. These would include sirens in areas along the coast where none previously existed: among others, two at Mauna Lani, two in the Waikoloa resort area and one at Kona Village. On 2 March, we were told that an alternative proposal would be drafted to address the deficiency in our code regarding siren requirements. This flurry of activity did precede the second ‘tsunami drill’ on March 11, and generated a renewed urgency regarding this topic. The new administration proposal has already been placed on both Planning Commission agendas in April and May, and it can be anticipated that the long-sought alternative will be brought to Council sometime in early June.

The route taken in the effort has been torturous. Would that all tsunamis react with the same ‘glacial speed’ as this legislative process, but at least it is moving forward. We pride ourselves, with good reason, on the effectiveness of the County’s response to both of the tsunami evacuations and how all assisted. However, the fact remains that we had thirteen hours and five and a half hours warning respectively. Would we have been so fortunate if we only had one or two hours notice?? While this issue is finally being addressed and sirens will eventually be installed, after some 15 months of discussion the situation today is: there are significant shortfalls in siren coverage in our resort areas, and no requirement has yet been established for new developments in our code. Let’s hope for better leadership and let’s pray we don’t have a “third tsunami drill” in which our reaction time would be dramatically reduced as it was in Japan.

(Submitted by Councilman Pete Hoffmann)


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