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KAHALU'U NEIGHBORHOOD BOARD

      REVISED REGULAR MEETING MINUTES

WEDNESDAY, MARCH 12, 2008

KEY PROJECT

CALL TO ORDER – Chair Luersen called the meeting to order at 7:00 p.m. A quorum was present. This member Board requires a vote of 8 to adopt a motion. A quorum of 14 was present.

NEIGHBORHOOD BOARD MEMBERS PRESENT – Daniel Bender, Richard Garcia, Gregory Geboski, David Henkin, Keala Naluai, Jean-Paul Renoir, Ned Busch, Rocky Kaluhiwa, Ken LeVasseur, Keliko Hoe, Elwin Spray, Rich Vermeesch, Mark Valencia and Amy Luersen.  

MEMBERS ABSENT: Kurt Mench.

GUESTS - Ernie Martin (Mayor Mufi Hanneman’s representative), Jeremy Personius (Senator Clayton Hee’s representative), Kim Ribellia (Councilmember Donovan DelaCruz’s Office), Captain Doug Silva (Honolulu Fire Department),  Lt. John Cheong (Honolulu Police Department), Arwen Chisholm (Marine Corps Base Hawaii), Art Machado (Kaneohe Bay Regional Council), V. Roberts, P. Papaza, Tod Grupen, Albert Badiyoton, Guy Nakamoto, Jon Goody, R. Cappella, Jerry Kaluhiwa and Mary Chanel-Benjamin (Neighborhood Commission Office).

RESIDENTS/COMMUNITY CONCERNS –

·         Bender said the green light is out at Ahuimanu Road and Kahekili Highway.

·         Bender said the bus shelters on Kahekili at Ahuimanu Road are missing City trash bins.

HONOLULU FIRE DEPARTMENT (HFD) – Capt. Doug Silva reported statistics for last month included:

1) 5 miscellaneous and 43 medical emergency calls, 1 structure, 3 rubbish and 1 vehicle fire.

2) Fire Safety Tip: Cooking at home can be a fun family activity, but please be careful. According to the U.S. Fire Administration, cooking fires are the leading cause of house fires and fire injuries nationwide. The following precautions can be taken to minimize your chances of starting a cooking fire: Do not leave cooking food unattended. If you must leave the kitchen, even briefly, turn off the heat, and take a spoon or oven mitt with you to remind yourself of the food on the stove.

HONOLULU POLICE DEPARTMENT (HPD) – Lt. Cheong reported the Kaneohe district statistics for last month included: 6 rapes, 4 robberies, 5 aggravated assaults, 59 burglaries, 139 thefts, 77 unauthorized entry into motor vehicles (UEMV) and 12 auto thefts.

Questions and concerns:

• Bender thanked HPD for the speed trailer on Ahuimanu Place which seems to be working to slow drivers down. Lt. Cheong said they managed to also post them in Kailua, Kaneohe and Ko’olauloa in hopes to prevent speeding in the district.
• Bender asked if it was against the law if he were to purchase an old HPD vehicle at auction and parked it fronting his home to ward off speeders. HPD Officer said the auctioned vehicle would no longer have any HPD emblems and it is illegal to pose as an officers’ vehicle, therefore, did not suggest it.
• Valencia was curious to know each sub-districts’ percentage of burglaries and if any crime rings existed as well as repeat offenders. Valencia also inquired how he may be able to access the information. Lt. Cheong said he is aware the Federal Bureau of Investigation (FBI) had a compiled crime index on their website.  He also added that “crime alerts” are also posted in the newspaper and always is shared with the media.
• Henkin thanked HPD for responding quickly when some plants were vandalized at the naupaka hedge project. Fortunately most plants were recovered and replanted before further damage.

·         Chair Luersen stated that she was notified that there are ongoing drug investigations in the district. If citizens have information, the police encourage them to come forward.

Board of Water Supply (BWS) – No representative present; no report available.  

Marine Corps Base Hawaii (MCBH) - A. Chisholm reported:

1) April is military child month for Sea Life Park (SLP) children 12 and under will be admitted free with paid adult admission. May also will be military appreciation month at SLF, buy any dolphin interactive program and choose from a free Hawaiian Ray Encounter or a free sea lion feeding, both $15 each value.

2) 2^nd. Battalion, 3d Marine deployed this month. Currently, 3d Radio Battalion, Marine Aviation Support Logistics Squadron 24, Combat Support Service Group 3 and 3d Marine Regiment are currently deployed to Iraq.

3) 1^st Battalion, 3d Marine, Combat Support Service Group 3 and 1^st Battalion, 12^th Marines are on the Big Island for annual training exercises.

4) MCB Hawaii will be participating with Joint Service Color Guard and Marine marching unit for Prince Kuhio Parade on March 24. The event will start at Saratoga Road/Kalakaua Avenue and ends at Queen Kapiolani Park.

5) MCBH received a request to support the annual Makahiki closing ceremony on March 24 – 26.

6) Sixty Castle High School Marine Corp Junior Reserve Officer Training Corp (MCJROTC) cadets and their instructors and chaperones will conduct the program’s annual Spring Camp during March 17 – 19.

7) Twenty five cadets and chaperones from White Cloud High School’s Navy JROTC, Michigan will be visiting MCBH during March 27 – April 3.

Kaneohe Bay Regional Council (KBRC) - A. Machado reported: A. Machado invited the Board to the April 2^nd KBRC meeting. One topic to be discussed will be Kaneohe Bay concern with over catching aquarium fishes.

TREASURER’S REPORT - Bender reported: The operation account balance was $802.32; the publicity account balance was $993.00 while the refreshment account balance was $78.08.

COMMUNITY PROJECTS -

A) Bicycle Safety Resolution: K. LeVasseur reviewed the resolution circulated by another neighborhood board and the Bicycle League.  Over all the board felt positive about supporting bicycle use. It was moved and seconded to support the Resolutions as proposed by LeVasseur. The motion was ADOPTED by unanimous consent .

B) Lulani Street; height variance: K. Ribellia reported the homeowner of 47-386 Lulani Street has asked for an after the fact height variance of his property. He bought the home in 2005 with the notion that all proper permits were in order. A neighbor’s complaint initiated the inspection and discovered the violation of the home, built on a slope and about 13 inches above the allowable height. K. Ribellia added that the homeowner is trying to comply and has paid his violation; however, more information is needed to rectify the needed permits since during the inspection, the City and County cited him for adding a unit,.

C) Kaneohe Bay Ornamental Salt Water Fish for Fish Replenishing Area (FRA): J. Kaluhiwa shared photos of aquarium reef fishes that are allegedly being gathered and removed from Kaneohe Bay. R. Kaluhiwa reported the fishes along with some reef coral are being removed and shipped out of Hawaii. She ureged the  community to call their representative to support SB No. 3225 to regulate aquarium fishes. She said the native baby fishes will become extinct if continued to be commercially invaded as well as the coral reef being disrupted and “killed”. She brought forth an upsetting flyer someone had been circulating amongst the fishermen in Kaneohe Bay that claimed the State may exclude some areas of the bay from fishing. She said about eight weeks ago, she observed people in the bay with lanterns at hand while turning over coral and placing nets to catch the small fishes. R. Kaluhiwa stressed the need to support this bill which Senator Hee initiated. She said being this is the year of the reef, the Board should submit a resolution of support. She also shared an article in a magazine dated from 2006 which was headlined, “Full Tanks, Empty Reefs” included a highlighted picture of Kaneohe Bay. She also went on to say the bill is at its third reading, however, Representative Ken Ito has declined to accept further testimony, stating that and the matter should be heard by the Kaneohe Bay Regional Council (KBRC).

Questions and concerns:

• Henkin said it could be difficult to determine if a fisherman was fishing for consumption or aquarium fishes. R. Kaluhiwa said the aquarium fishes are small baby fishes being taken easily in small baggies; the photographs shown tonight were enlarged to clearly identify them.
• J. Kaluhiwa once again showed the photographs and pointed out the beautiful colors that make these baby fishes attractive to be captured. He stated some were of rare species from the ni’i, papi’o, hinale’a and expressed the seahorse specie may likely be near extinct if not already in Kaneohe Bay. R. Kaluhiwa claimed the Hawaiians did not capture the baby fishes because they were meant to replenish the ocean to feed families. He also said seaweed is another example of the same kind of problem that existed in the bay and around the islands, which will someday be extinct as well.
• J. Personius said fishes being bagged are being underreported by up to 20 fishes per bag and he felt with assistance and persuasion from the community and the Board this could keep the bill in motion for the remaining year 2008.
• Spray said if the case was with DOCARE not improving on a system to control and/or initiate a surveillance team, the Board should invite Laura Thielan to speak on this matter again. L. Thielen had previously said the problem was not eminent and under control.  Spray suggested during a month the Board chooses to take a recess would be an excellent time to survey the bay.
• R. Kaluhiwa said the bill has been passed in Kona, Hawaii. She also shared that the Ko’olaupopo Civic Club will be pursuing plans to survey the bay on the first Saturday of April. She suggested the Board plan to do the same at some point soon.

Kaluhiwa moved and Geboski seconded to have Kahalu’u Neibhborhood Board No. 29 support an interim moratorium on aquarium fishes in Kaneohe Bay’s fish replenishing area. The motion was ADOPTED BY UNANIMOUS CONSENT. (14-0-0: Bender, Busch, Garcia, Geboski, Henkin, Hoe, Kaluhiwa, LeVasseur, Naluai, Valencia, Renoir, Spray, Vermeesch and Luersen).

Henkin moved and LeVasseur seconded that the Kahalu’u Neighborhood Board No. 29 urge the State of Hawaii to provide adequate DOCARE coverage for Kane’ohe Bay, including 24-hour enforcement. The motion was ADOPTED BY UNANIMOUS CONSENT. (14-0-0: Bender, Busch, Garcia, Geboski, Henkin, Hoe, Kaluhiwa, LeVasseur, Naluai, Valencia, Renoir, Spray, Vermeesch and Luersen).

D) Waiahole Development: Naluai said there have been numerous protest signs in the area and asked the community to share information with the Board on this issue.  A number of members from Waiahole-Waikane Community Association (WWCA) were in attendance because they are concerned about the Waihole development. WWCA was hoping the Board had a presentation on the development since it was on the agenda tonight.. Albert Badiyo Jr., President of the WWCA, said there were about 4 to 5 lots currently for sale out of 380 acres. He said there has been no public notice/hearing on the development and has been unsuccessful in getting returned phone calls placed to the developer. Pat Royos said in 2005-06 she was aware of a building permit that was denied for this same development. They noticed the development was moving forward because it looked to have been sub-divided; however, they claimed an attorney was working with them to “check things out” but offered no information to the Board at this time. Garcia said he understood the developer submitted to the legislature a proposal to sell six lots with the remaining 80-five acres lots to develop in the future. Garcia went on to say the developer would have to raise money for sewer treatment plans and other needed infrastructure such as water and roadways. Currently the developer has been approved to build only six homes. Garcia gathered additional homes were the concern of neighboring homeowners due to possible increases in property taxes.

E) Kahalu’u Community Master Pla-: Geboski suggested more time to review the plan and to accept it. Naluai moved and Bender seconded for the Kahalu`u Neighborhood Board to accept the Kahalu`u Community Master Plan (KCMP). Henkin that, at the February meeting, the Board had agreed to take another month for review.  Henkin also noted the Board already had used the plan as a CIP guide to prioritize community concerns .  Spray said the City spent a lot of money to draft the plan accurately and to further wait for changes may not happen since the plan may never be correct as minor as they are. Valencia wondered why the plan did not cover Ahuimanu Valley or the northern end of the community and asked for further review time.  Chair Luersen said the plan was focused on the heart of Kahalu’u. She also said the plan underwent fairly involved process over the past two years with four broad community meetings and an advisory working group.  She stated that she was part of the advisory working group and that many Board members had attended many of the community meetings.  She requested the Board move to accept the plan so it does not loose its’ momentum in City Council. Henkin said.while there may be some Board members that disagreed with c ertain sections of the plan, he felt that overall it was a good plan. Kaluhiwa said Haiku Valley’s sustainable plan took nearly 30 years to complete and now served as a phase one plan. The motion for the Kahalu’u Neighborhood Board to accept the Kahalu’u Community Master Plan (KCMP) was ADOPTED. (12--0-2; ayes:  Bender, Busch, Garcia, Henkin, Hoe, Kaluhiwa, LeVasseur, Naluai Renoir Spray, Vermeesch and Luersen; abstain Valencia: Geboski,).

Henkin moved and Bender seconded the motion that the Kahalu’u Neighborhood Board requests that the City Council 1) accept the KCMP as a Special Area Plan within the Ko’olaupoko Sustainable Communities Plan, 2) use the KCMP to guide the land use development and infrastructure improvements in Kahalu’u area and consult the plan when reviewing applications for zone changes and other applicable development approvals for the area and 3) commend the members of the Kahalu’u community for their sustained efforts and dedication to the completion of the KCMP; the motion was ADOPTED by unanimous consent. (14-0-0: Bender, Busch, Garcia, Geboski, Henkin, Hoe, Kaluhiwa, LeVasseur, Naluai, Valencia, Renoir, Spray, Vermeesch and Luersen).

Questions and concerns:

• Ribellia submitted an open numbered resolution for the Board to review regarding the Kahalu’u Master Plan adoption and needed comments by no later then the fourth week of April.

MAYOR MUFI HANNEMANN’S REPRESENTATIVE – E. Martin reported:

Kahalu’u Regional Park: 1) The State Department of Parks and Recreation (DPR) believes that safety improvements of the ingress/egress from the ocean section of the park are in the park master plan but not the permanent restroom facilities. DPR defers to DDC to report on the status of the park development. 2) The State Department of Design and Construction (DDC) has a design/build project underway to make improvements to the makai parcel. The project will be installing a gate, minor grading, and landscaping of the area. Construction will take place after the necessary permits are obtained. This project should be completed by July.

Laenani Park: Laenani Neighborhood Park does not have a boat ramp. The existing shore water access use by residents to launch small boats is not on park property. At this time the ownership of the roadways that ends at the shore water access is unknown. DPR is researching the issue. However, any structure extending into the water would be within the State of Hawaii jurisdiction of Kaneohe Bay.

Bus Service: The Department of Transportation Services will study the increasing of the Circle Island bus service to provide 24-hour service. We will report back in 90 days.

He’eia Fish Pond: The drainage holes on the bridge behind the fish pond were cleaned on February 22.

Questions and concerns:

• Kaluhiwa suggested “no parking” signs be posted at He’eia State Park along Kamehameha Highway (KH) restricting parking from 7:00 p.m. to 7:00 a.m. She said trash from parties littered the area while alleged drug/alcohol use are also present leading to fights from those that are parked fronting the park along KH overnight.

GOVERNOR LINDA LINGLE’S REPRESENTATIVE – Scott Ishikawa reported:

Likelike Highway: the highway will be closed this Saturday from 7:00 p.m. to 7:00 a.m. for cleaning. Some 60 trees have reached the maximum heights and are scheduled to be removed along the highway; DOT is working with the Outdoor Circle.

Questions and concerns followed:

·         Vermeesch reported on Likelike Highway traveling Honolulu direction, located near the tunnel watershed are some trees that seem to be dying. S. Ishikawa said he will inspect and report at the next meeting.

·         Kaluhiwa asked why the State Department of Land and Natural Resources has proposed the removal of the He’eia State Park pavilion as many residents still are using it. S. Ishikawa said he will also report an answer at the next meeting. 

COUNCILMEMBER DONOVAN DELA CRUZ’S REPRESENTATIVE – Kim Ribellia reported:

The Mayor’s Fiscal Year (FY) 2009 totaling more than $2.5 billion dollars was announced on February 29. The operating budget was $1,839,390,215; an increase of about 12% from 2008 FY. The capital improvements projects (CIP) was $831,541,000; an increase of about 5% from 2008 FY. Councilmember Donovan Dela Cruz will review the details of the FY 2009 to ensure all of the health and public safety needs are met for Council District II as well as the CIP’s requested from the neighborhood boards. 

SENATOR CLAYTON HEE’S REPRESENTATIVE – Jeremy Personius reported:

1) The Governor’s Turtle Bay Senate Bill 2423 proposal has received tremendous widespread of support. The 17-member Governor’s Turtle Bay Advisory Working Group will help develop and review various ideas, recommendations and plans and serve as a communications channel to the Ko’olauloa-North Shore communities. The group’s first meeting was today and will meet every Wednesdays hereon at the Governor’s office from 11 to noon.

2) The Aquarium Fish Bill that would  put appropriate limits on ornamental fish collected for sale has crossed over into the House where it has received a triple referral. Most of the opposition testimony has come from mainland distributors who stand to lose millions of dollars.

3) The “Use It or Lose It” agriculture conservation SB1368 passed out of the Senate. This bill will create a 10 year moratorium on land use entitlements if not used.

4) A total of $1.4 million has been released by the Governor for Kahekili Highway beautification and study.

5) Monies have been appropriated in the CIP budget for the Windward Community College Library.

6) The Division of Conservation and Resources Enforcement (DOCARE) claimed they have filled all vacancies. J. Personius will confirm the latest DLNR list.

Questions and concerns followed:

• Chair Luersen asked if CIP request for Kahekili Highway’s safety and beautification projects were covered under the same budget. J. Personius to follow up and report.
• Valencia asked what the status of the genetically engineered organism bill was. J. Personius said it crossover and is expected to pass legislature.
• Bender asked what the status of the “no cell phone text messaging” while driving was at. J. Personius will also follow up and report.   

TERM LIMITS FOR NEIGBORHOOD BOARD MEMBERS –

Spray announced the Neighborhood Commission Office is opposing the term limit proposal and invited testimonies next Wednesday, 2:00 p.m. at City Council. Naluai felt new Board members assist in introducing new community issues and supports the change. Bender felt even the four year term limit did not allow members to be to really understand the Neighborhood Plan and guidelines and also felt the Board members worked as volunteers to serve the communities and the limit would create a disadvantage. Henkin shared he has been fortunate to serve on two boards that functioned well, Kahalu’u Board and on the Palolo Neighborhood Board and can testify many board seats do remain vacant. Chair Luersen said she served as a member of the NB Review Task Force and has heard much lengthy testimony on the issue, some members served for over 30 years. She felt as long as the Boards had the ability to re-appoint members and to allow members to return if vacancies are not filled by the voting process, term limits would not hinder community participation. Garcia was opposed to the term limits as he felt members have extensive experiences and can continue to contribute to the community. LeVasseur moved and Bender seconded that due to the difficulties filling Neighborhood positions, the Kahalu`u Neighborhood Board opposes the term limits. The motion was NOT adopted. (4-4-6; ayes: Bender, Kaluhiwa, LeVasseur and Spray; nays: Henkin, Naluai, Valencia and Renoir; abstain: Busch, Garcia, Geboski, Hoe, Vermeesch and Luersen. Naluai moved and Valencia seconded to recommend changing the term limit to a maximum of two terms with a wait period of at least two, two-year terms to fill vacancies. The motion was NOT adopted. (2-9-3; ayes: Valencia and Naluai; nays: Bender, Busch, Garcia, Henkin, Hoe, Kaluhiwa, LeVasseur, Spray and Vermeesch; abstain: Renoir, Geboski and Luersen.

CORRECTIONS / ADDITIONS OF THE FEBRUARY 13, 2008 REGULAR MEETING MINUTES The following corrections/additions are as followed:

Page 1: filling of vacancy in sub-district 4; replaced “worked on Coconut Island before retiring in 2004. He has been a member of the Peace Corps, HGEA and Co-Founder of Center of the Union” with “during his graduate studies he worked sometimes on Coconut Island. After graduation he worked in Malaysia and Thailand and then 26 years at the East West Center at Manoa, Hawaii. Valencia was elected (8-0-0)

Page 3: Treasurer’s Report – replaced “Bender” with “Spray”; under refreshment account balance replace “$993.00” with “$78.08”

Page 3: under community projects, strike out the entire No. C paragraph, replace with “D. Bishop came as an advocate for respect of the taro plant. He is of Hawaiian ancestry and asked everyone to support Senate Bill 958 regarding GMOs. He suggested contacting Big Island Representative Clift Tsuji to hold a hearing on this bill. He went on to say, taro is a unique food source since people have no known allergies to it. He said some large commercial taro farms which do not follow organic practices have had decreased production, rotted taro and soil contamination, but that such problems can be avoided by using organic farming techniques. He said GMO taro has the potential to ruin organic farms because it is extremely difficult and expensive to detect whether taro is genetically altered. Also, altered taro is not labeled as GMO, so consumers do not know what they are buying.  GMOs often look exactly like non-GMOs and can hybridize easily.  Experience with other crops shows that, over time, the contamination of natural seed stocks by GMO plants is unavoidable.  Many countries and markets refuse to allow the entry and sale of GMOs, including Japan and a number of European countries. He said this bill imposes a 10-year moratorium on developing, testing, cultivating and raising GMO taro.  It is vital to educate the community about this issue now. Taro has been in existence for generations and is of vital importance to Polynesians. GMO tests could destroy taro for the future of Hawaiians and throughout Polynesia." Vote in favor of GMO taro research ban was 9-1-2

Page 4: under question and concerns second bullet; replace “spread” with “change”: fourth bullet; replace (7-2-4) with (7-2-3) and insert “Busch” to “3 abstentions”

Page 5: under Governor’s representative No. 9; replaced “been completed” with “not been completed”.

Page 5: under questions and concerns first bullet; replaced “to turn and merge” with “for a turn and merge lane”: second bullet; replaced “Huiwa” with “Hui Iwa”: sixth bullet; replace “Henkin” with “Naluai”

Page 7: under decision on December recess; insert “Henkin” under “Aye:”

Neighborhood Assistant Mary Chanel-Benjamin left the meeting at 10:00 p.m. The Board designee continued taking the minutes.

COMMITTEE REPORTS –

Water and Environment:

Transportaion:

Parks and Recreation:

Planning:

Preservation of Hawaiian Heritage:

Military/Civilian Affairs liaison: Busch reported MCBH will be transitioning from Military Police (MP) to 115 civilian police positions over the next couple of years because the MP’s are being shipped for overseas duty. Positions are posted at the following websites: www.jobsearch.usajobs.gov and www.mcbh.usmc.mil

Education and School:

PERMITTED INTERACTION GROUP (PIG) REPORT –

Kahekili Highway Traffic issues: no report

ANNOUNCEMENTS –

1) The next regular Neighborhood Board meeting is scheduled at Key Project, 47-200 Waihe’e Road on April 9,        2008.

ADJOURNMENT –