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KAHALU'U NEIGHBORHOOD BOARD

      REGULAR BOARD MEETING MINUTES-draft                                        

WEDNESDAY, NOVEMBER 12, 2008                                                                    

KEY PROJECT

Call To Order – Chair Henkin called the meeting to order at 7:01 p.m.

This 15 member Board requires a vote of 8 to adopt a motion. A quorum of 8 was present (Henkin, Naluai, Busch, LeVasseur, Garcia, Renoir, Valencia, and Bender)

Neighborhood Board (NB) Members Present – Rocky Kaluhiwa, Dan Bender, Elwin Spray, Gregory Geboski, D. Keala Naluai, Jean-Paul Renoir, Ned Busch, David Henkin, Richard Garcia, Mark Valencia and Ken LeVasseur.                                                                                                                                                               

Members Absent – Keliko Hoe, Kurt Mench, Amy Luersen and Rich Vermeesch.

Guests – Ernie Martin (Mayor Hannemann’s representative), Major Alan Crouch (Marine Corps Base Hawai‘i-MCBH), Lt. John Vines (Honolulu Police Department-HPD), Firefighter Mark Adams (Honolulu Fire Department-HFD), Brennon Morioka-State Department of Transportation Director (Governor Lingle’s office) and Jiro Sumada; Representative Jessica Wooley, Robert Cappella, Mike Sakata (Representative Dela Cruz’s office), Barry Usagawa (Board of Water Supply), Art Machado (Kane‘ohe Bay Regional Council-KBRC), Ray & Cathy Kahookele, RJ Martin-Doug Davis Realty Inc -Hawaiian Hurricane Productions, and Mary Chanel-Benjamin (Neighborhood Commission Office-NCO).

Honolulu Fire Department Report (HFD) – Firefighter Adams reported: 1) 1 rubbish fire; 1 search and rescue, 27 medical emergencies and 4 miscellaneous calls. 2) Fire Safety Tip: 1) this holiday season, consider a fire-resistant, artificial Christmas tree. However, if a natural tree was chosen; choose one as fresh as possible; keep it hydrated and away from home heat sources. Use noncombustible materials for decorations. Also, choose only Underwriter’s Laboratory approved electrical decorations and follow manufacturer’s instructions for installation and load. Do not overload extension cords. Also, holiday family gathering often include extensive food preparations; significant portion of home fires originate in the kitchen, therefore, do not leave cooking unattended. Have an ABC-rated fire extinguisher available near the kitchen and learn to use it. Turn off the heat if you must leave the stove, even if only for a few minutes. Never wear long, loose-sleeved clothing while cooking. Turn the handles on pots and pans inward to prevent accidents. Keep children away from the kitchen. 

(Geboski arrived at 7:05 p.m.; nine Board members present)

Honolulu Police Department Report (HPD) – Lt. Vines reported Kahalu‘u statistics for the month of October included: 1) 2 simple assaults, 6 auto theft recoveries, 6 burglaries, 1 drug related, 3 family offense, 3 graffiti, 3 motor vehicle theft, 4 property damage, 22 motor vehicle collisions, 15 thefts, 5 threats, 14 unauthorized entry into motor vehicles (UEMV). 2) October 16; a Pizza Hut employee was arrested for burglarizing Pizza Hut, October 15; a reported incident at Kualoa Ranch.

Questions, answers and concerns:

1)       Valencia inquired regarding the Subway Sandwich robbery incident; if any arrests were made in the case. Lt. Vines said the matter was still under investigation; the police will release a statement to the media once an arrest is made.

2)       Busch said, according to an annual report, Kailua’s aggravated assaults have decreased; however, aggravated assaults for Kahalu‘u district have increased for some reason. Lt. Vines said he had no answers for the increase except possibly added stress due to the economy.

3)       Bender asked if HPD was requiring new vehicles to be hybrids. Lt. Vines said subsidized vehicles were not required to be hybrids, but that hybrids were permitted.

Kane‘ohe Bay Regional Council (KBRC) Report – A. Machado reported: 1) The aquarium fish resolution will be discussed at the next KBRC meeting; Representative K. Ito’s resolution was defeated. 2) He‘eia Pier has inadequate parking; KBRC to consider asking the city for the lot across the pier to consider for parking area. 3) DLNR has announced its hiring about 21 new DOCARE officers; increased enforcement over Labor Day weekend was successful in reducing problems on the bay.

Questions, answers and concerns:

1)       Naluai asked how many DOCARE officers were in the district; as 21 was not sufficient for the whole island of O‘ahu. A. Machado said the DOCARE officers moved around; there are an average of 6-9 covering the area from Waimanalo to Haleiwa.

2)       Valencia asked why K. Ito’s bill was defeated.  A. Machado said not enough people showed up at the meeting to support the bill; he will inform the Board if the bill is coming up for hearing again.

3)       Chair Henkin asked if there was any chance of having a DOCARE substation established on the bay. A. Machado said he did not think that was likely.

Residents/Community Concerns:

1)       A. Machado announced the 37^th Annual Kane‘ohe parade will take place on December 6 from 9:00 a.m. to noon. The budget for the parade is $17,000; the parade faces rising costs as well as an HPD charge beginning this with this parade.  The 30^th Annual Kane‘ohe Block Party will take place November 30 from 3 to 9 p.m. and is a fundraiser for the parade.

2)       RJ. Martin announced that Dr. Craig Twentyman is planning to seek a variance to build a wellness retreat on 2 acres of a 30-acre property currently zoned P-1, located on Malumalu Place at the top of ‘Ahuimanu Road. He went on to say the goal was to be an asset to the community; plans included cabins, gardens & pathways, including a home. He added that the retreat would be environmentally friendly, with a solar system and self-contained septic system. Chair Henkin said the Board would discuss adding this item to the January agenda.

Board of Water Supply (BWS) Report – B. Usagawa reported: 1) There were no main breaks in the district. The BWS asked that the voluntary conservation be extended until the end of November. September’s rainfall was normal for the district at this time of the year. 2) The annual BWS craft holiday fair was November 15; 10:00 a.m. to noon. BWS’s Xeriscape holiday wreath making workshops will be November 22 and 29; from 10:00 a.m. to noon as well. Pre-registration and a nominal fee were required by calling 748-5363 for reservations; email tours@hbws.org. 3) The city’s Christmas parades were slated for December 6 in Honolulu and December 16 at Kapolei Hale; both beginning at 6:00 p.m. BWS wished everyone a safe and joyous holiday season and don’t forget to visit BWS’s annual light display at S. Beretania Street.

Questions, answers and concerns:

1)       A constituent asked why was the windward district targeted for the water conservation. B. Usagawa said during the months of May through September there has been reported low rainfall in the district, and the district has limited storage capacity; however, the rainfall forecast for 2009 seemed better.

Marine Corps Base Hawai‘i (MCBH) Report – Major Crouch circulated MCBH’s newsletter and reported:1) Happy Veterans Day to all war veterans and a happy 233^rd Birthday to the USMC. 2) Weekly base hours were Monday – Thursday, 7:00 a.m. to midnight; Friday, 8:00 a.m. to 10:00 p.m.; Saturday, 8:00 a.m. to 5:00 p.m.; Sundays and holidays, open by special exception only, otherwise the base was closed on Sundays. To express concerns regarding base operations or flight and base personnel, call 257-8852 or send a message through www.mcbh.usmc.mil/inspector/complaintform.htm.  3) Parachute drops were scheduled from November 4 through 14. The airfield was open Sunday, November 9 from 6:30 p.m. to 7:30 p.m. to support a P-3 departure. Airfield will be closed Thursday, November 27 from 7:00 a.m. to Monday, December 1 at 7:00 a.m. 4) Warrior Care Month; MCBH’s Wounded Warrior Company was part of the Marine Corps Wounded Warrior Regiment, formally established 18 months ago. Deployments: Members of the Navy Patrol and Reconnaissance Squadron VP-9 are expected to return this month. Deployments: 1^st Batallion, 3^rd Marine Regiment, and 12^th Marine Regiment both have combat deployment to Iraq as of September. Further deployments were; 3^rd Marine Regimental Headquarters & Combat Logistics Battalion 3, combat deployment to Afghanistan, and CPRW-2’s VP-4 deployment. The 3^rd Marine Regiment was formed December 20, 1916, by consolidating Marine detachments from the various ships in the Atlantic Fleet then at anchor in Cuba. Between wars, 3^rd Marines became a reserve unit stationed in San Francisco, eventually being disbanded in 1937. The regiment was reactivated on June 16, 1942, in North Carolina as part of the World War II military expansion. During April of 1971, the regiment became part of the 1^st Marine Division and moved to MCBH to assume the role of the ground combat component of the 1^st Marine Brigade. The 3^rd Marine Regiment was one of the first combat forces to deploy to Saudi Arabia in response to the Iraqi invasion of Kuwait on August 2, 1990. The regiment became known as Task Force Taro in honor of the state and people of Hawai‘i. Effective October 1, 1994, the First Marine Brigade was deactivated and 3^rd Marine Division became the regiment’s higher headquarters in Okinawa, Japan. 5) MCBH and the Chaplain Corps will be hosting Operation Harvest, a non-perishable food drive for the Kaneohe Salvation Army and the St. George Waimanalo Food Banks and the Armed Services YMCA on MCBH. The food drive will run until November 24. 6) MCBH asked to report any trespassers in Waikane Valley as there is live ammunition present and it remains unsafe at this time.

(Kaluhiwa arrived at 7:35 p.m.; ten Board members present)

Questions, answers and concerns:

1)       R. Cappella reported off-road vehicles possibly belonging to military personnel were destroying preserved land in Waikane valley; the Marines need to tell their personnel the valley is off-limits to ORVs. Chair Henkin said he called the military police the previous weekend to report illegal vehicles in Waikane, but was told it was outside their jurisdiction, even though the impact area is still Marine Corps property. Garcia said concrete barriers were installed along Kamehameha Hwy. about six months ago, and the illegal ORVs put in more entrances; another barrier is needed. Representative Wooley also added along the stream were multiple entry points into the valley and that a railing is needed to prevent unauthorized entry and protect public safety and the environment, since vehicles just go over the concrete barriers. Major Crouch said to call the base and ask to speak to a base inspector and/or call 911 if urgent.

2)       Valencia asked Major Crouch to follow up on the airplanes that he sees flying over his home, since they clearly are not following the flight plans.

3)       Naluai expressed concern that part of the hillside in Waikane Valley has eroded away for some reason and asked the Marines to investigate.

4)       Chair Henkin said he had the pleasure of meeting Colonel Rice and commended MCBH for several initiatives: going “plastic free”; renewable energy and conservation initiatives that could result in MCBH being energy self-sufficient by the year 2020. Major Crouch also added the wave energy buoys were back in the water; plus look for an upcoming article in January 2009 appearing in Market Watch. 

Treasurer’s Report – Bender reported: The current appropriated balance was $2,297.09: Operating expenditures for the month of October were $53.60 for printing and postage leaving a balance of $1,297.14; Publicity funds remained at $993 while the refreshment fund remained at $106.95.  Bender advised the September newsletter cost was not reflected on the report and expected the Publicity Funds to be much lower by the end of the year.

Community Presentations:

A) Walk The Talk Homeless Awareness Fundraiser: No representative or report available.

B) Prioritization of CIP Requests: Chair Henkin informed the Board that Councilmember Dela Cruz had asked the Board to propose its top two priorities for inclusion in next year’s CIP budget.  He noted the Board had submitted three top priorities for this year’s budget and that only one (creation of a by-pass road for emergencies blocking Kamehameha Highway) had made it into the budget. He said the other two priorities from last year were a bicycle-pedestrian circulation improvement study and improvements to Waihe‘e Road, both of which were listed in the Kahalu‘u Community Master Plan. He also added that completing the Kahalu‘u Regional Park was already in the CIP budget. LeVasseur moved and Kaluhiwa seconded for the Kahalu’u Neighborhood Board No. 29 propose the two remaining CIP requests: (1) bicycle and pedestrian safety improvement study (2) implement Waihe’e Road improvements. The motion WAS adopted; 8-2-0. (Aye: Bender, Busch, Geboski, Henkin, Kaluhiwa, LeVasseur, Naluai, Valencia. No: Garcia and Renoir)

C) West Hui Iwa/Kahekili Highway Intersection Pedestrian Safety: B. Morioka distributed an aerial photograph of the planned merge lane and reported: the contract bid has been awarded with construction to begin in December; however, there will be no road closures during the holiday season. To respond to community concerns about pedestrian safety at the intersection, the following change orders could be made: 1) Move the existing Kane‘ohe side crosswalk on Kahekili Highway to the Kahalu‘u side of Kahekili to improve traffic flow and enhance pedestrian safety. 2) Push the existing two crosswalks on West Hui Iwa farther away from the intersection to allow cars to stop for pedestrians safely. 3) Install “NO RIGHT TURN ON RED” (between the morning hours of six and eight only) signage on the merge lane. The project was set to start at a price of $4.5-million.  

Questions, answers and concerns:

1)       Bender was concerned that Ahuimanu Place traffic will be backed up further.  B. Morioka said the situation would be monitored after the modifications were made and any necessary changes implemented.

2)       C. Kahookele thought a crosswalk light “on demand” may serve the intersection better like the one on Alakea and King Streets in downtown Honolulu.  B. Morioka said there was not enough money available for that type of solution.

3)       R. Kahookele thought the Kaneohe crosswalk removal was not going to be any safer.  B. Morioka said the crosswalk countdown activation will assist in moving pedestrians across safer as well as adding the “no right turn on red” signage.

4)       R. Kahookele said that making pedestrians spend more time in crosswalks  placed them at risk as there have been many near misses at the intersection; new proposal may encourage jaywalking since students will not want to cross three times to get to school. B. Morioka proposed the community and schools offer public education regarding the intersection change and the value of a few more minutes to sacrifice rather than risk a life. Naluai agreed and she supported asking DOE to hold assemblies for both student and parents to offer the safety plan.

5)       R. Cappella suggested placing a police officer or a deputized community member on the corner to ensure motorists stop for pedestrians in the existing crosswalks.  Kaluhiwa noted Kainalu Elementary School has a policeman at the intersection fronting the school to slow motorists down. B. Morioka said DOT does not have jurisdiction to request a crossing guard.  LeVasseur noted that ‘Ahuimanu Elementary considers Kahekili Hwy to be out of their jurisdiction.

6)       J. Sumada said that near-misses in crosswalks are often due to anxious drivers; allowing drivers to head more quickly toward Kane‘ohe and moving pedestrians to the Kahalu‘u side would increase safety.

7)       Busch commented that placing a “no right turn on red” sign would eliminate the benefit from the merge lane.  B. Morioka said the restriction would be in place only from 6 to 8 a.m. and that there is plenty of volume to justify a merge lane at other times.

8)       Geboski said the proposal assumes that people will use the proper cross-walk; parents  and students rushing for the final bell will jaywalk on the Kane‘ohe side if the crosswalk were eliminated.  B. Morioka said engineering can only do so much; making people follow the rules is a question of education.

(Bender left the meeting at 8:25 p.m.; nine Board members present)

9)       Renoir asked why a small intersection project costs $4.5 million. B. Morioka said labor, concrete, steel and asphalt were all involved and their costs have increased. Two years ago the cost of a mile of two-lane highway was $7 million, compared to $20 million currently for the same mile.

10)   Valencia suggested the use of a bridge crossing over Kahekili Highway. B. Morioka said bridge crossings were too expensive and that no one would use it since Kahekili is only a two-lane highway; the corridor EIS will look at whether an overpass is advised.

11)   Several constituents and Board members urged that removing the Kane‘ohe-side crosswalk may create a false sense of crossing safely; children may decide to jaywalk across the highway rather than have to use the additional crosswalk; drivers will not abide by the “no right turn on red” lane; and traffic will be worse with no turn on red.

12)   C. Kahookele asked whether DOT would change the stop light timing to decrease the wait time for pedestrians wishing to cross Kahekili.  B. Morioka responded that DOT would monitor the situation and that the maximum time at any light is four minutes.

13)   Geboski asked whether the timing of the light would change to reflect the times when school-bound traffic is highest (i.e., when ‘Ahuimanu Elementary opens and closes).  B. Morioka said DOT will look into that.

14)   LeVasseur moved and Naluai seconded for the Kahalu‘u Neighborhood Board No. 29 to support the State Department of Transportation plan to move the crosswalk crossing Kahekili Highway at the Hui Iwa West intersection on the Kaneohe side of the intersection to the Kahuku side of the intersection. We further support the moving of the crosswalks parallel to Kahekili Highway at least one car length away from Kahekili Highway. The motion was NOT adopted; 3-5-1. (Aye: LeVasseur, Naluai, Valencia. No: Busch, Garcia, Geboski, Henkin, Kaluhiwa. Abstain: Renoir)

15)   LeVasseur moved and Garcia seconded for the Kahalu’u Neighborhood Board No. 29 to support the State Department of Transportation plan to modify the crosswalks as discussed in the preceding motion and also to modify the signalization of the Hui Iwa West intersection to “no right turn on red” between the hours of 6 a.m. and 8 a.m. for traffic traveling on Hui Iwa Street from the four-way stop intersection with Hui Kelu Street near Ahuimanu School toward Kahekili Highway with the intent to turn right, Kaneohe bound, on to Kahekii Highway. The motion was NOT adopted; 7-1-1 (Aye: Busch, Garcia, Henkin, LeVasseur, Naluai, Valencia, Renoir. No: Geboski. Abstain: Kaluhiwa)

(Spray arrived at 9:20 p.m.; ten Board members present)

D) Surfest at Kualoa Ranch: A. Hochfelsen distributed the operational plan for the “Vans Triple Crown Surfest at Kualoa” concert to be held on December 21, 2008 from 10 a.m. to 6 p.m.  He reported there were no accidents or other problems on Kamehameha Hwy and no arrests at last year’s event.

Questions, answers and concerns:

1)       A constituent was concerned about drinking and drugs at the event.  A. Hochfelsen said police officers would be on hand.

2)       A constituent raised concerns about misbehavior of concert-goers camping at Kualoa Beach Park the night before the event.  A. Hochfelsen said the concert organizers had no way of addressing such concerns.

Mayor Hannemann’s Report – E. Martin reported: 1) A request was submitted by City Department of Parks and Recreation to Maintenance Support Services to repair the sea wall at Laenani Park; work will be scheduled as higher priority repairs are completed. 2) According to the City Department of Design and Construction, the Kahalu‘u Regional Park walkway is nearly completed; however, the construction was pending the submittal of change orders and their approval. The change order has now been submitted, and work may be completed by January or February 2009.                                                    

Questions, answers and concerns:

1)       LeVasseur said trees at Ahilama, Mapumapu and Mahikea Streets needed trimming.

Governor Lingle’s Report – B. Morioka reported: 1) The State is negotiating for use of a 3-acre, City-owned parcel for parking when the regular parking lot at He‘eia Harbor is full. 2) The harbor will maintain its vessel repair area; it is the only option fishermen have in order to repair their boats. 3) The state requests input on its proposal to give harbor users the gate lock combination to access the boat ramp during evening hours so that the entrance to the harbor does not remain open all night. 4) The State is working with HPD to enforce the vending law at the Hygienic Store location; DOT has confirmed that vendors are spilling over onto the state right-of-way.

Questions, answers and concerns:

1)       R. Cappella asked the State to address the environmental disaster at Waikane Valley from ORV use.

2)       Spray said the banyan tree near the Hygienic Store needed to be trimmed to deter illegal activities. B. Morioka said the area will be part of the Kahekili Highway project.

3)       Valencia questioned why Governor Lingle was traveling to Bali to promote tourism in Hawai‘i.

4)       Naluai expressed concern regarding two huge areas of Waikane Mountain that have been exposed; the state should make sure the damage is stopped and fixed. She also suggested that, since the He‘eia harbor lease operator has retired, DOCARE should inherit the building at the harbor.

5)       Kaluhiwa urged the state to monitor He’eia Park as illegal dumping has worsened.  She also noted that, if the round-about were opened, there would be better parking for trailers.

6)       A constituent thought placement of some lights at the pond by the Baptist Church on Kahekili Highway would deter illegal activities there.

U.S. Representative Hirono’s Report – There was no representative or report available.

Councilmember Dela Cruz’s Report – M. Sakata reported: 1) The draft EIS for the rail project was released last week; the cost has risen to $4.28 billion. The EIS will identify the current and future need for the project, address various transportation issues, environmental analysis, consequences and mitigation; displacements and relocations; visual and aesthetic impacts; noise and vibration concerns; hazardous materials; water resources; archaeological, cultural and historic resources; construction effects; impacts on public parkland and historic sites. The report also analyzes how the rail project would affect transportation; transit travel times from Kapolei to Ala Moana Center without building the rail system would take 105 minutes in 2030 during peak traffic hours. The next step was for the public and various government agencies to review the document and provide input. According to the draft EIS, public involvement and input will come through neighborhood boards and a wide variety of community organizations. 2) Councilmember Dela Cruz encouraged Board members to submit testimony in support of City Council Resolution No. 08-249 urging the City administration to complete the construction of the Kahalu‘u Regional Park.  The resolution will be heard on November 20 at 1 p.m.

Questions, answers and concerns:

1)       LeVasseur said trees on Ahilama, between Mapumapu and Mahikea Streets, needed trimming because they are in the right-of-way and block the bypass road.

Senator Hee’s Report – There was no representative or report available.

Representative Wooley’s Report – Representative Wooley reported:  1) She looked forward to addressing community concerns, priorities and solutions. 2) Constituents should call her at 864-0400 to share any concerns.  3) She will be working this legislative session to find a solution to the Kahana Valley issues.

Questions, answers and concerns:

1)       Spray asked about her committee assignments.  J. Wooley responded that she would know by the end o the week.

2)       Valencia said that, in addressing Kahana Valley issues, the legislature should underscore that residents must share the valley with the public and fulfill their interpretive function.  Some residents have adopted an ownership attitude that is inconsistent with public use.  J. Wooley asked Valencia to call her to discuss specific concerns.

3)       Kaluhiwa said Kahana issues should be resolved within the community.  J. Wooley said she hoped to help find a long-term solution.

4)       LeVasseur suggested the Board write a letter of appreciation to former Representative Meyer for her many years of service to the community. The Board approved the suggestion unanimously.

5)       Naluai said it was improper for the State to threaten to evict families from Kahana at this time of year.

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

AGENDA ITEMS FOR JANUARY 14, 2009 MEETING:

1)       Chair Henkin suggested the Board consider Dr. Twentyman’s request for a variance to build a wellness center.

2)       LeVasseur requested the Board address continuing community concerns about rotten trees from Genshiro Kawamoto’s properties hanging over neighbors’ homes.

3)       Naluai asked for an update on remediation of the hillside in Waihe‘e.

4)       Kaluhiwa requested that Board address concerns regarding the Kaneohe Bay Regional Council (for example, its difficulties in meeting quorum).

APPROVAL OF THE REGULAR MEETING MINUTES

1)       Chair Henkin circulated the following proposed additions to the August 13, 2008 meeting minutes for the portion of the meeting after the NA left the meeting:

Mayor's Representative

Questions, answers and concerns:

4)   Spray thanked DPR for assisting with recycling during KEY Project's Aloha 'Aina event.

Governor's Representative - B. Morioka reported: 1) The state has initiated a 4-day work week pilot project for some state agencies as a measure to reduce traffic. 2) Information regarding bio- control for strawberry guava was distributed. 3) The East and West Hui 'Iwa intersection projects went out for bid on June 2. The winner was Royal Contractor, with a bid of $3.9 million. The work should be completed within 180 days.

Questions, answers and concerns:

1)   Valencia noted that the speed bump at the Temple Valley Shopping Center backed up cars onto East Hui 'Iwa, causing delays. B. Morioka stated that the state cannot do anything about a speed bump on private property, but that the modification to Kahekili Highway at East Hui 'Iwa (long right-hand turn lane for Kahuku-bound traffic) should help reduce congestion on Kahekili.

2)   Spray noted traffic congestion at the Hygienic Store due to activity under the banyan tree. He suggested the state cut back the tree canopy. B. Morioka said he would investigate whether the vendors are in the highway right-of-way or on private property.

U.S. Representative Mazie Hirono -'A. George reported: 1) She does a lot of case work (social security, veteran's benefits, immigration. 2) Representative Hirono is working on the Pre-Kindergarten Act of 2007 to support early childhood education. 3) Representative Hirono let a delegation to Iraq at the end of June. 4) Representative Hirono has been working to support bio-energy, a boat harbor on Kaho'olawe, and water quality on Moloka'i.

Questions, answers and concerns: None.

Councilmember Donovan Dela Cruz -M. Sakata reported: 1) Information regarding the history of the Woods at 'Ahuimanu development was provided. DPP claims it is difficult to prevent development on private property. 2) A drug house was demolished. 3) Businesses should provide adequate commercial parking for their vehicles.

Questions, answers and concerns:

1)   LeVasseur noted it is physically impossible to park all registered commercial vehicles on industrial land because there is not enough land zoned industrial.

Representative Colleen Meyer - R. Freeman reported: 1) The Aloha 'Aina event at KEY Project was a success.

Questions, answers and concerns:

1)   Spray commended Representative Meyer and R. Freeman for their support of the Aloha 'Aina event.

Corrections/Amendments of the regular meeting minutes

The Board determined that the March 12,2008 minutes were an accurate summary of the
meeting without the additions proposed by K. Naluai.
Both the March 12,2008 and July 9,2008 meeting minutes, as amended, were adopted by unanimous vote, 8-0 (Geboski, Renoir, Vermeesch, LeVasseur, Luersen, Spray, Henkin, Hoe).

2)       Spray moved and Kaluhiwa seconded to adopt Chair Henkin's additions to the August 13, 2008 minutes.  The motion was adopted by unanimous vote, 9-0 (Aye: Garcia, Geboski, Henkin, Kaluhiwa, LeVasseur, Naluai, Renoir, Spray, Valencia).

3)       Naluai stated that the following corrections to the March 12, 2008 she had submitted at the August 13, 2008 meeting should be included in the August meeting minutes:

Page 3: after the first sentence under “Kahalu'u Community Master Plan-Potential of forming a PIG,” add “Naluai said the report given by the planning contractor (Helbert, Hassert, & Fee) had some minor unsubstantial differences, however, it's the community's input at the meetings that was the basis of the final report that mattered and there was no need to start over again with the forming of a PIG on this issue.  Naluai moved Bender seconded for the Kahalu'u Neighborhood Board to accept the Kahalu'u Community Master Plan (KCMP) as submitted.  The motion for the Kahalu'u Neighborhood Board to accept the KCMP was not adopted (2-9-3) ayes: Naluai and Valencia; nays: Bender, Busch, Garcia, Henkin, Hoe, Kaluhiwa, LeVasseur, Spray, Vermeesch; abstain: Geboski, Renoir, Luersen.”

Page 4: add to Governor Lingle’s report “Waihe'e Place Grading: Sam Lemmo, administrator for DLNR's office of Conserrvaton and Coastal Lands, conducted a site inspection in March 2008 and issued a letter to Towill Tractec, Inc. relating to the proposed remediation of the hillside and set a deadline for the project completion by the end of the year.  The department would continue to monitor the project and requested that Towill Tractec, Inc. redouble their efforts to finish the work so the area is stabilized and landscaped as soon as possible, and the department will do another inspection on the completed work to ensure the contractor restores the area to its original condition.”

4)       Chair Henkin responded that the Board had not approved Naluai’s proposed changes to the March minutes; per instructions from OIP, Naluai's proposed corrections will be attached to the copy of the August minutes on file at the NCO and will be available for review by the public.

5)       Chair Henkin read the following corrections to the September 10, 2008 meeting minutes that were submitted by Naluai:

Page 1: under “Residents/Community Concerns,” No. 1), delete first sentence and restate sentence as RA’s original written minutes draft vs Chair Henkin’s edited final circulated draft: “Naluai said there is a continuing violation of the Sunshine Law by the Board because suggested corrections were not reflected in prior and current minutes that she was asked to review.”  Also in No. 1), delete second sentence and restate sentence as RA’s original written minutes vs. Chair Henkin’s edited final circulated draft: “She requested her statement be reflected in the minutes.”  Also in No. 1), after sentence 3, add new sentence: “Naluai stated she has requested that the omissions and corrections be made, but they have not been appropriately corrected by the chairs.”  In No. 2), second sentence, after the word “anonymous,” add “community constituent’s.”  In No. 2), third sentence, after the word “to,” add “to the constituent and.”  In No. 2), fifth sentence, change “Naluai” to “issue being raised about the community constituent’s anonymous complaint” and, after the word “respond,” add “and issued a challenge that the complainant needs to explain specific instances in which he or she felt that the Sunshine Law had been or is being violated by those three NB #29 board members.”

Page 6: under “Illegal Dumping at Noriko Property,” below No. 13 in the minutes, move entire sentence [“(NA Mary Chanel-Benjamin left the meeting at 10:00 pm. Board Secretary to take minutes for the remainder of the meeting)”] up to a space between No. 8) and 9), to more accurately reflect when in the discussion she was packing up and for all intensive purposes had left the meeting, turning the note taking minutes over to the board secretary and chair.  After No. 10), insert a new No. 11: “Naluai stated some of the board members felt the problem is not being managed properly, however, for this motion, it was to let the community know that we need the help of the police in this specific area, because the problems and dangers are huge to our children and residents; and by the board recommending or stating we need help and would like additional help, if necessary, is for the best interest of the community” and renumber following paragraphs.  After the draft No. 13, add after the word “together” in the last sentence “Marantz stated he was asked by ‘some community members to possibly have the property condemned.’”

6)       Naluai moved and Kaluhiwa seconded to adopt Naluai's additions to the September 10, 2008 minutes.  The motion was NOT adopted; 6-1-2 (Aye: Garcia, Geboski, Henkin, Kaluhiwa, Naluai, Renoir. No: Spray. Abstain: LeVasseur, Valencia)

7)       Geboski moved and Spray seconded to adopt the September 10, 2008 minutes, without amendment.  The motion was NOT adopted; 7-1-1 (Aye: Garcia, Geboski, Henkin, Kaluhiwa, LeVasseur, Renoir, Spray. No: Naluai. Abstain: Valencia).

8)       LeVasseur noted there was a typo in the October 8, 2008 meeting minutes, but that he could not immediately find it.

9)       Kaluhiwa moved and Garcia seconded to adopt the October 8, 2008 minutes, subject to amendment if LeVasseur located the type.  The motion was ADOPTED; 8-0-1 (Aye: Garcia, Geboski, Henkin, Kaluhiwa, LeVasseur, Naluai, Renoir, Valencia. No:. None. Abstain: Spray.)

10)   Naluai objected to the exclusion of her proposed corrections from the published minutes.  Chair Henkin said his intent was to comply fully with OIP’s and the NCO’s instructions regarding the treatment of proposed corrections that are not adopted by the Board and that he would work with Naluai and the NA to address Naluai’s concerns.

COMMITTEE REPORTS

1)       Due to the lateness of the hour, committee reports were not presented.

Adjournment – Chair Henkin adjourned the meeting at 10:34 p.m.

Submitted by Mary Chanel-Benjamin, NA             Reviewed by Chair Henkin