REGULAR BOARD MEETING MINUTES-draft                                        

WEDNESDAY, JULY 9, 2008                                                                                                                 

KEY PROJECT                                                                                                                                                                                                                                                                                                                         

CALL TO ORDER – Acting Chair Luersen called the meeting to order at 7:05 p.m. This 15 member Board requires a vote of 8 to adopt a motion. A quorum of 8 was present (Gregory Geboski, Keala Naluai, Jean-Paul Renoir, Ned Busch, Keliko Hoe, Mark Valencia, Amy Luersen, Kurt Mench).

NEIGHBORHOOD BOARD MEMBERS PRESENT – Gregory Geboski, Keala Naluai, Jean-Paul Renoir, Ned Busch, Keliko Hoe, Mark Valencia, Amy Luersen, Kurt Mench, David Henkin and Ken LeVasseur.                                                                                                                                                                   

MEMBERS ABSENT – Richard Garcia, Rocky Kaluhiwa, Daniel Bender, Elwin Spray and Rich Vermeesch.                                     

GUESTS – 1^st. Lt. Binford Strickland (Marine Corps Base Hawai‘i-MCBH), Senator Clayton Hee, Jeremy Personius and Sesnita Maepono (Senator Clayton Hee’s office staff), Mike Sakata (Councilmember Donovan Dela Cruz’s office staff), Lt. John Vines (Honolulu Police Department (HPD)), Tammy Mori (State Department of Transportation - Governor Lingle’s representative), Barry Usagawa (Board of Water Supply), Art Machado (Kane‘ohe Bay Regional Council (KBRC)), G. Bev Garrett, C. Chelliah, Jessica Wooley, David Scharod, Jeff Cuppett, Bob Hekata, Roosevelt Freeman (Representative Colleen Meyer’s office staff), Mary Chanel-Benjamin (Neighborhood Commission Office).

ELECTION OF OFFICERS FOR TERM JUNE 2008-MAY 31, 2009 – Acting Chair Luersen stated that she is not seeking reelection as Chair as she finds she does not have time to commit to the position;

Acting Chair Luersen opened the nominations for Chair. Nominations included Busch and Geboski; both declined. Mench nominated Henkin; without any other nominations, Henkin was ELECTED Chair by UNANIMOUS consent. (Busch, Geboski, Hoe, Mench, Naluai, Valencia, Renoir and Luersen)

In the absence of Henkin, Luersen continued to preside over the election process for the other officers.  Office of Vice-Chair: Luersen opened the nominations for Vice-Chair. Nominations included Hoe, Geboski, Busch; all declined. Hoe nominated Luersen; without any other nominations, vote was taken, and election of Luersen as Vice-Chair was NOT adopted. (7-0-1: Aye: Busch, Geboski, Hoe, Mench, Valencia, Renoir and Luersen; Abstain: Naluai)

Office of Secretary: Luersen opened the nominations for Secretary. Nominations included Busch; he declined. Mench nominated Geboski; without any other nominations, Geboski was ELECTED Secretary by UNANIMOUS consent. (Busch, Geboski, Hoe, Mench, Naluai, Valencia, Renoir and Luersen)

Office of Treasurer: Valencia suggested retaining Bender as Treasurer without any other nominations, the nominations were closed. Bender was ELECTED Treasurer by UNANIMOUS consent. (Busch, Geboski, Hoe, Mench, Naluai, Valencia, Renoir and Luersen)

Luersen passed the gavel and Chair of the meeting to Geboski as the only elected officer present.

Vote on Board meeting facility: Luersen moved to continue to meet at KEY Project on the second Wednesday of each month at 7:00 p.m. for the Board meetings. The motion was adopted by UNANIMOUS consent. (Busch, Geboski, Hoe, Mench, Naluai, Valencia, Renoir and Luersen)

Vote on Board recess months: Mench moved for the Board to recess during the month of December. The motion was adopted by UNANIMOUS consent. (Busch, Geboski, Hoe, Mench, Naluai, Valencia, Renoir and Luersen)

RESIDENTS/COMMUNITY CONCERNS –

• Luersen read a letter regarding the Meyer residence at 47-83 Kamehameha Highway seeking input from the community and the Board on a draft environmental assessment. The applicant was seeking a shoreline variance to place a rock wall to prevent further ocean erosion. Luersen said the letter had been received after this month’s agenda went out and noted that the due date for comments is prior to the next Board meeting. She suggested a letter be sent to request for an extension to give the Board time to provide input. Several Board members asked if the issue was urgent enough to be discussed at tonight’s meeting; Hoe urged the item be place on the August agenda and request an extension from the City Department of Planning and Permitting (DPP). Valencia moved to request for an extension from DPP. Luersen thought a motion was unnecessary since the Chair could request an extension without Board action. Valencia withdrew his motion.

Honolulu Fire Department (HFD) – No representative available due to an HFD emergency. A report was submitted, with statistics as follows: 1) 1 structure and 3 wildland fires; 35 medical and 8 miscellaneous emergencies. 2) Fire Tip; with summer and school break upon us, home surroundings can have potential hazards. Take the time to childproof your home, focusing on cleaning products, unsecured medication, houseplants, electrical shock, accidental falls and swimming pools. Keeping alarms, fences and gates in working and updated conditions will prevent children from dangerous situations. Keep matches and lighters secured away from children.

Honolulu Police Department (HPD) – Lt. Vines reported the Kane‘ohe district statistics for the month of June included: 5 simple assaults, 2 family offenses, 12 family arguments, 1 graffiti, 1 identity theft, 7 property damage, 8 burglaries, 5 unauthorized entries into motor vehicles (UEMV), 3 driving under the influence (DUI) and 2 auto theft recoveries, 2 auto thefts, 4 parking violations and 21 auto abandonment.

Questions and concerns:

• A constituent asked how she could find out why there have been numerous vehicle break-ins on Lulani Street and whether a video camera can be placed at problem areas. Lt. Vines said HPD reports are made and reviewed to track robbery trends; a community neighborhood watch can also be helpful. He also said video cameras can deter robbers; however, video cameras cannot be placed on or be directed at public areas.
• Valencia asked what would constitute a “threat.” Lt. Vines said a “threat” would exist if a weapon were used or if there were a verbal threat to cause injury.
• A constituent asked if HPD patrolled certain areas if requested.  Lt. Vines said HPD follows priorities of trouble calls as well as input from neighborhood watch.

Board of Water Supply (BWS) – B. Usagawa reported: 1) a 16 inch main break on June 10 at 47-629 Alawiki Street in ‘Ahuimanu. 2) Potable pumpage for the end of May was 152 mgd; rainfall March through May was at 50% of normal. BWS asked residents to observe water conservation during the hot summer months by watering during the early mornings and late evenings.  3) BWS’s 20^th annual Halawa Xeriscape Garden Open House and unthirsty plant sale will be on Saturday, August 2 from 9:00 a.m. to 3:00 p.m. Attendees have a chance to win a xeriscape garden makeover valued at over $18,000. Call 748-5041 or log onto www.boardofwatersupply.com for further information.

Questions and concerns:

• Mench said he managed to fix four leaks, including two at his neighbors’ that resulted in decreased water bills.

Marine Corps Base Hawai‘i (MCBH) USMC representative 1^st. Lt. Strickland reported: 1)   MCAF HOURS OF OPERATION – July 2008:  Mon - Thurs, 7 a.m. - midnight; Fri, 7 a.m. - 10 p.m.; Sat, 8 a.m. - 5 p.m.; Sun. and Holidays closed.  Modified hours: Sat 5 July, 10 a.m. – 2 p.m.; Mon 7 July, 6:30 a.m. – 7 p.m.; Tues 8 July to Mon 28 July, 24-hour operations. 2) Eight F/A-18 Hornets will arrive on 12 July and depart on 29 July and conduct training missions out over the Pacific in support of RimPac. Twelve F/A-18 Hornets will arrive on 14 July and depart on 17 July, no maneuvers during this time.  We will notify the pilots to stick to proper routes to protect the local community. 10 JUNE – 29 JULY- RIMPAC 2008: Rim of the Pacific Exercises 2008 is upon us again this year. There are an estimated 10 nations, 35 ships, 150 aircraft and 20,000 personnel participating. RIMPAC is the world’s largest training event, involving countries like Japan and Korea; missions involved about 35 permitted ships in training from 5 to 12 miles off shore.  Please be aware there will be more air activity and military movement throughout the island. MCB Hawai‘i will do its best to mitigate the aircraft noise during this time. An official release was distributed May 18 from Commander, 3^rd Fleet, and the lead unit for RIMPAC. Please look for more information in future news releases, advisories and your local MCB Hawai‘i Aloha newsletter. RIMPAC 2008 Beach Closures:  Due to the high volume of training exercises during this time the following beaches will be closed:

Bellows…………...18 - 19 July, 27 - 28 July

Pyramid Rock…….14 - 18, 25 - 27 July

Fort Hase ………...10 - 11 and 28 July

Hale Koa………….25 - 27 July

Fuel Pier…………..7 - 11 July

3) CHANGES OF COMMAND: 31 July: Marine Corps Air Facility and Patrol Reconnaissance Wing Two; August 1: Marine Heavy Helicopter Squadron 463; August 22: U.S. Marine Corps Forces, Pacific, Passage of Command; August 29: Marine Corps Base Hawai‘i. 4) HOMECOMINGS/DEPLOYMENTS: August/September – 2nd Battalion, 3rd Marine Regiment returns from a combat deployment in Iraq. August/September – 1st Battalion, 3rd Marine Regiment leaves for a combat deployment to Iraq.

Questions and concerns:

• Valencia asked if the Navy could be sued for noise pollution in Hawai‘i; he has read there was a successful lawsuit filed against the Navy in Okinawa, Japan.  Lt. Strickland said he was not familiar with this event as he represented the United States Marines; however, he would look into it and report back at the next meeting.
• Luersen asked if there were policies in place to protect O‘ahu shores from “dumping” in the ocean during the RIMPAC exercises. Lt. Strickland said he would also have to follow up with the Navy and report findings at the August meeting.
• A constituent and Mench were both interested if the sonar activity increased further out to sea; Lt. Strickland said again the Navy would be more qualified to comment on this issue.

Kane‘ohe Bay Regional Council (KBRC) - A. Machado reported: 1) Memorial Day patrol at the bay was successful; the public using the bay complied 100% with the rules. He thanked DLNR/DOCARE for the needed public education which he felt contributed to a safe holiday weekend. He anticipated Labor Day weekend will also involve similar task forces. 2) KBRC meets every three months at Windward Community College in the ‘Akoakoa room; July 16 will be the next scheduled meeting. He encouraged everyone to attend; three members from the community were on the KBRC Board. 3) jurisdiction for supporting the implementation of the Kane‘ohe Bay Regional Council has been moved from Division of Boating to the Division of Aquatic Resources (DAR). 

Questions and concerns:

• Luersen stated that the move to DAR makes a lot of sense to further the protection of the resources of the bay.
•  Mench said the buoy devices used to secure areas were very helpful and commended the aquatic division of DOCARE for taking responsibility for managing the bay.  A. Machado said DLNR/DOCARE was able to provide the buoys; however, DOCARE was still short manpower.
• A. Machado also said the Board is working on creating parking spaces across from the pier to prevent highway parking. 

Treasurer’s Report – No report was given. A monthly statement was submitted to Geboski. Bender was not present. Geboski suggested tabling the Treasurer’s report until Chair Henkin arrived.

Community Presentations:

A)  Honolulu Century Bike Ride, Hawai‘i Bicycling League: no representative present. No report available.

B)  Discussion of zoning at The Woods at ‘Ahuimanu– Mench reported: the developer has submitted to DPP a new subdivision application for the project; many concerns remain unanswered, including flood areas, sewage infrastructure and traffic. He suggested the project be considered for re-zoning to preservation. The current zoning is R10. The parcel is located at the head of a watershed.

Questions and concerns:

• C. Chelliah asked who managed the watershed and why it was not already protected by zoning. Another constituent said she believed the parcel was preservation land that was later re-zoned.
• J. Cuppott suggested Board members view the property to get a better perspective of what is to come; flooding in addition to increased traffic. He also said permits have expired and suggested a petition be circulated to ask the city for an explanation as to why permits were being issued repeatedly without work being done at all.
• Luersen recommended that this parcel be reviewed as the city updates the Ko‘olaupoko Sustainable Communities Plan.

LeVasseur arrived at 8:05 p.m. while Chair Henkin arrived at 8:20 p.m.

• Several Board members suggested contacting the Mayor and Councilmember Dela Cruz to investigate the permit process by DPP and/or asking the Neighborhood Commission to look into the project.
• Board discussions included asking DPP for explanations before issuance of further permits; asking State Department of Health (DOH) to test the soil as none has been done yet; contacting corporation council and council members and contacting the media.
• Busch and Geboski both felt the Board should wait for further information before pursuing actions. Henkin and Naluai felt it has been a long-standing issue which now warrants Board action.
• Renoir said the Board should clarify the current zoning and that, instead of rezoning to preservation, perhaps “country” zoning (1 home per acre vs. the current 4 homes per acre) would be appropriate. He also felt the housing market has been declining and adding 45 more homes to ‘Ahuimanu district was not profitable.
• Geboski suggested forming a PIG to consider appropriate action regarding the development. Luersen noted that the establishment of a PIG should be on the agenda and suggested that the Board return the issue to the Planning Committee (Mench- chair) to review and report and potentially form a PIG at the August meeting.

• Senator Hee suggested the Board take a stand on the 4 year old issue; permits denied for the fourth time. He also encouraged the community to write to DPP with their concerns as an EIS was still needed. He has information that the developer will be asking to have the stream moved since it runs below a portion of the parcel. He also said a big concern was cesspool flooding onto Uahea Place and ‘Ahuimanu Road. He suggested for the Board to ask the county for disclosures; he will share a draft resolution regarding the project. He urged the Board to stand against the new permit if granted especially without an EIS to address sewage, drainage, stream movement, traffic and infrastructures.
• Luersen moved and Henkin seconded to oppose the issuance of any permits for The Woods at ‘Ahuimanu development unless and until (1) all potential environmental impacts have been adequately addressed, including, but not limited to, issues related to sewage, drainage, infrastructure, stream modifications, traffic, effects on the aquifer, and effects of runoff on Kaneohe Bay (which is a class AA water body), and (2) DPP addresses the lack of an environmental assessment for this project. The motion was adopted by UNANIMOUS consent. (Busch, Geboski, Henkin, Hoe, LeVasseur, Mench, Naluai, Valencia, Renoir and Luersen).                              
• Mench moved and Hoe seconded to ask the city to rezone the parcel of land to revert back to preservation land status. The motion was NOT adopted. (2-6-2: Aye: Hoe and Mench; No: Busch, Geboski, Henkin, Naluai, Renoir and Luersen; Abstain: LeVasseur and Valencia).
• Valencia moved and Henkin seconded to release information to the media in hopes to get some resolution. The motion was NOT adopted. (7-3-0: Aye: Geboski, Henkin, Hoe, LeVasseur, Valencia, Naluai and Renoir; No: Busch, Mench and Luersen).

Geboski passed the gavel to Chair Henkin to continue the meeting.

Office of Vice Chair: Henkin suggested that, now that more Board members were in attendance, the Board revisit the election of Vice-Chair. The only nomination was Luersen, who was ELECTED Vice-Chair (9-0-1: Aye: Busch, Mench, Luersen Geboski, Henkin, Hoe, LeVasseur, Valencia, and Renoir; Abstain: Naluai)

C)  Commercial vehicles parking restrictions, LeVasseur reported: He works for a school bus company and finds it difficult to find legal commercial vehicle parking on the island. LeVasseur said the city should calculate the space needed for registered commercial vehicles and designate adequate commercial parking in rural districts. LeVasseur moved and Naluai seconded to ask the city for a permit process in rural areas that may loosen up land use ordinance to include street parking and designated site parking for commercial vehicles.  After discussion, the motion was withdrawn.

Questions and concerns:

• Valencia opposed the motion saying it was a conflict of interest since LeVasseur worked for a commercial vehicle company.
• LeVasseur said it was unfair for farmers to own farms and can’t use the same land to park their commercial vehicles. He withdrew his motion, however, since it would be simple enough to ask councilmember Dela Cruz and the Mayor to solve the problem since the city Department of Motor Vehicles (DMV) can provide a list of all registered vehicles.

Permitted Interaction Group for Kahekili Highway Traffic Issues – Luersen said it is on the agenda to announce that the community meeting is set for September 11 at KEY Project, beginning at 7 p.m.

Mayor Hannemann’s Representative – E. Martin reported: 1) He apologized for not being available during the last meeting; his alternate was also unavailable because he was attending another meeting. 2) The Kahalu‘u Regional Park pre-final inspection was conducted on July 1. DPR accepted the park, except for the one area adjacent to Kamehameha Highway. The grass species is having a difficult time establishing itself due to soil conditions. DPR will determine when it will open the park. 3) The Hygienic Store was determined to be in a B-1 business district; permitting both indoor and outdoor retail vendors. Under the Land Use Ordinance, the retail store is required to have a 10-foot setback from the front yard. A new retail use is subject to current LUO parking requirements; all stalls must be paved with all-weather surfaces and meets the minimum size specified by LUO. DPP inspector has been assigned to investigate whether the dirt parking lot is pre-existing and possibly non-conforming. Investigation is also needed to determine whether any of the required parking is occurring within the required yard setback. Follow up reports will be provided.

Questions and concerns:

• Several Board members asked if the fields would be ready for football and baseball seasons. E. Martin said the fields should be ready with the new grass by September.
• Naluai asked why the city had allocated an additional $200,000 to complete the walkway around the park instead of having it included in the original contract. E. Martin said the additional money was needed because a different contractor was brought in to complete the landscaping. The first contractor exhausted the first contract.

Governor Linda Lingle’s Representative – T. Mori reported: 1) The State Department of Agriculture (DOA) planned to release a moth collected in Africa for the biocontrol of fireweed, which is toxic to livestock in Hawaii. The moth has undergone extensive tests to ensure no harm to any non-target plants and the department is confident the moth will have a significant impact in controlling fireweed without unwanted side effects. 2) The insect that will be released to control strawberry guava in Hawaiian forests was collected by the USDA Forest Service in Brazil. This insect cannot survive on any plant except strawberry guava.  3) Java plum was introduced to Hawaii and cultivated in the late 1800s. It escaped cultivation and has spread throughout the forested areas. 4) HB2704 called for establishment of a commission to exercise policy and management oversight of the Ha‘iku Valley cultural preserve at the Omega Station in Ha‘iku Valley. The Governor vetoed the bill on July 8. 5) At He‘eia Park, DLNR reached an agreement with the local canoe club to improve the entry area and storage for the canoes to increase presence to deter people from picking the flowers at the entrance of the park. 6) Department arborist checked on the trees dying along Likelike Highway along Kalihi Valley. It was identified as a fungus called rust which attacks young leaves of certain trees and has occurred due to the wet winter. The vog has worsened the situation. Unfortunately, the inaccessibility of the infected forest areas prevented chemical applications; hot summer months may be a solution to kill some of the fungus. The windward area was not affected yet; the rust is currently limited to the town side of the highway. Imua Landscaping were hired as contractors to remove the dead trees. 7) DOT and the city checked Kahekili Highway and ‘Ahuimanu Place and the lighting is in accordance with the national engineering illumination standards. 8) The September 11 Kahekili traffic forum will discuss primarily the scoping for the environmental review as well as bridge projects and Waihe‘e intersection improvements. 9) Hui Iwa intersection plan bids were advertised on May 15.

Questions and concerns:

• Luersen asked when the community could expect to see construction.  Mori responded that the bids should take another 2 months from the May 15 date to confirm contractors and designs; reports on timing will be done by the next Board meeting.
• LeVasseur said Times Supermarket entrance needed re-striping from Hui Iwa turn lanes. 

Councilmember Donovan Dela Cruz’s Representative – M. Sakata reported:  1) The public should be prepared for the hurricane season by keeping vehicles fueled and serviced, being ready to cover and board all necessary windows and doors, stocking at least a 2-week supply of food, water, canned items in cooler storages, obtaining needed medications and prescriptions, stocking batteries, radios and light sources, being ready to secure loose outdoor items, replenishing first-aid supplies and on hand cash supply. When any warnings are issued, follow all civil defense instructions, complete preparedness activities to safeguard home and notify family and neighbors of warnings. 2) Legislation: Third reading; He’eia Wastewater Pump Station improvement-$400,000; Kahalu’u Regional Park completion of park improvements-$80,000; Pulama road emergency by-pass route-$100,000; Honolulu fire station building improvement (Kualoa driveway)-$225,000; drainage outfall improvements (Pokiwai)-$50,000. Adopted bills included Bill 29 requiring city advertisements to include the statement, “Paid for (or in part) by the taxpayers of the City & County of Honolulu.” For radio ads, statement may be altered to “Paid for (or in part) by city taxpayers.” Resolutions: second reading/public hearing on Bill 39 requiring all Hawaiian words on city signs to use the correct Hawaiian accents. 3) Report on the alleged “drug house” is still pending.

(NA Mary Chanel-Benjamin left the meeting at 10:00 p.m. Board Secretary to take minutes for the remainder of the meeting).

Questions and concerns:

·         Naluai thanked Sakata for his assistance on the state department’s follow-up monitoring of the hillside grading at Waihe‘e Place.

Senator Clayton Hee’s Representative – J. Personius reported: 1) He stood by his earlier report. 2) The Aloha ‘Aina recycling event is set for Saturday, July 12 at KEY Project. 3) Turtle Bay may have a special session; the legislature is on recess currently.

Questions and concerns:

• Naluai asked why the state allocated funds for KEY Project; a City & County owned building, for renovations Naluai said had been recently paid for by the City. Senator Hee said funds were given to bring the project in compliance with the American Disability Act (ADA). The Governor recognized the priority and was able to accommodate the request.

Corrections and additions of the regular meeting minutes:

March 12, 2008; Naluai was ill and was not able to submit proposed corrections. She will submit a written proposal to the board for approval as soon as possible. Approval of the March minutes will be placed on the August 2008 agenda.

May 14, 2008:

Page 3; replace “Mench moved and Kaluhiwa” with “Busch moved and Kaluhiwa”

Page 1; replace “bank concert” with “band concert”

Page 2; replace “in the Windward area” with “on base”

Page 4; strike out “swap meet”: item 6, replace “bridge” with “intersection”

Minutes were accepted with the above changes without objections.

COMMITTEE REPORTS – None

Adjournment – Chair Henkin adjourned the meeting at 10:15 p.m.

Submitted by Mary Chanel-Benjamin, NA            

Reviewed by Chair Henkin