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KAHALU'U NEIGHBORHOOD BOARD REGULAR BOARD MEETING MINUTES-draft WEDNESDAY, SEPTEMBER 10, 2008 KEY PROJECT Call To Order – Chair Henkin called the meeting to order at 7:03 p.m. This 15 member Board requires a vote of 8 to adopt a motion. A quorum of 8 was present (Henkin, Naluai, Busch, Neighborhood Board (NB) Members Present – Rocky Kaluhiwa, Elwin Spray, Rich Vermeesch, Gregory Geboski, Keala Naluai, Jean-Paul Renoir, Ned Busch, Keliko Hoe, Mark Valencia, David Henkin, Kurt Mench and Ken LeVasseur. Members Absent – Richard Garcia, Daniel Bender and Amy Luersen.
Guests – Major Alan Crouch (Marine Corps Base Hawai‘i-MCBH), Lt. John Cheong (Honolulu Police Department-HPD), Firefighter Mark Adams (Honolulu Fire Department-HFD), Brennon Morioka (Director, State Department of Transportation–Governor’s representative), Jim Anthony (Hawai’i La’ieikawai Association, Inc.), Mike Sakata (Representative Dela Cruz’s office), Barry Usagawa (Board of Water Supply), Art Machado (Kane‘ohe Bay Regional Council-KBRC), Guy Nakamoto, Carole Mulford, George Marantz, Allan Chu, David Chu, Susan Lau, Steven Lau, Tod Grupen, and Mary Chanel-Benjamin (Neighborhood Commission Office-NCO). Residents/Community Concerns: 1) Naluai said she felt there is a continuing violation of the Sunshine Law by the Board because her suggested corrections were not reflected in prior and current meeting minutes. She requested that her concern be reflected in the minutes. Chair Henkin suggested that she raise concerns about any omissions during the Minutes correction portion of each meeting’s agenda. 2) Naluai also raised a concern about the State Office of Information Practices (OIP) opinion letter stating three Board members could participate as members of a non-profit board of directors without violating the Sunshine Law. The OIP letter was in response to an anonymous complaint. Naluai said the OIP’s letter made no sense to her. Chair Henkin read the conclusion portion of the OIP’s letter, which said that, based on the information available, OIP could not conclude the Kahalu‘u Neighborhood Board (KNB) members serving on the KEY Project board discussed KNB business with one another in the course of their service on the KEY board, and, thus, OIP found no Sunshine Law violation. Spray said he objected to Naluai making unsubstantiated allegations without an opportunity to respond. Chair Henkin noted Spray’s objection, but said that extended discussion was not proper since the item was not on the agenda for discussion. Honolulu Police Department Report (HPD) – Lt. Cheong reported Kahalu‘u statistics for the month of August included: 1) 3 rapes, 16 burglaries, 10 driving under influence (DUI), 61 thefts, 14 unauthorized entry into motor vehicles (UEMV) and 15 warrant arrests. 2) The district index report showed a 25 percent decrease in crime. Questions, answers and concerns: 1) Board of Water Supply (BWS) Report – B. Usagawa reported: Questions, answers and concerns: 1) A. Machado reported excessive water use at the He‘eia Pier; boats and cars have been seen using water without supervision. B. Usagawa said he will have BWS check on meter consumption and propose some signage be placed at the site for reminder. 2) LeVasseur reported low water pressure today at 5:00 p.m. on 3) Spray asked whether the drought map included 4) 5) Naluai asked why the drought concentration was on the Windward side. B. Usagawa said a combination of decreased rainfall and smaller water storage made the Windward district susceptible to drought. 6) A constituent asked if the BWS toilet rebate program requires use of a licensed plumber, noting the increased end cost would not be encouraging for most homeowners. B. Usagawa said that, for liability reasons, a licensed plumber was needed to do the work. Marine Corps Base Hawai‘i (MCBH) Report – Major Alan Crouch reported: 1) The 2nd Battalion, 3rd Marine Regiment returned to Hawai‘i safely in August, after completing a seven-month deployment to Iraq in support of the Global War on Terrorism. The regiment will hold a Memorial Service that is open to the public at hangers 101/102 on Thursday, Sept 18, starting at 10:00 a.m. Family members and the State will honor three Marines who sacrificed their lives while fighting in support of Operation Iraqi Freedom. The fallen “Island Warriors” were also recently honored with the Hawai‘i Medal of Honor. The battalion conducted more than $10 million in project repairs for schools, medical clinics and other civil projects. 2) Questions, answers and concerns: 1) 2) Kaluhiwa asked to which service the jets that have been contributing to the noise belonged; jet engine noise occurred sometimes in the middle of the night. Major Crouch said MCBH had no jets; if a call were made with notation of time and date, someone at MCBH would be able to offer that information. He noted that the airfield is open until midnight from Monday through Thursday, until 6 p.m. on Friday, until 4 p.m. on Saturday, and closed on Sunday; however, there generally is no one to answer the public’s calls after 5:00 p.m. 3) J. Anthony said as a 30-year resident, he has lived with jet noise without real solutions or answers from MCBH; MCBH would not be hiding information if the base were located near Kahala and Hawai‘i Kai where residents were more affluent and didn’t manage to get dirt under their fingernails. Major Crouch said the Marines were honored and proud to serve all districts in Hawai‘i regardless of affluence. Chair Henkin reminded those in attendance to be sure to focus on the issues. 4) G. Marantz said as long as the 5) Major Crouch suggested the public call the base to give dates, times and direction of flight noise. He also added some training missions involve international flight arrivals that give short or little notice of arrival, sometimes due to security reasons. 6) Chair Henkin suggested that, before attending NB meetings, MCBH public affairs check the notes from the prior meeting to ensure all questions and concerns from the public will be addressed by whoever will be representing MCBH; in addition, to address public concerns regarding noise, MCBH should have a telephone number the public can call 24/7 and reach a live person who can follow up immediately on incidents; finally, MCBH needs to ensure that planes using the airfield stay with flight paths and avoid flying over land. Kane‘ Questions, answers and concerns: 1) Kaluhiwa said KBRC needed to take a look at all the new businesses operating on Kane‘ 2) Mensch said the slow buoy markers seemed to work and should be put back. Treasurer’s Report – Chair Henkin reported: The current appropriated balance was $2,539.82: Operating expenditures for the month of August were $39.76 for printing and postage leaving a balance of $1,439.87; Publicity funds remained at $993 while the refreshment fund was at $106.95 with an expenditure of $13.05. Mayor Hannemann’s Report – Chair Henkin read a report from E. Martin: 1) City Department of Services was reviewing the request for Questions, answers and concerns: 1) A. Machado expressed concerns with regards to the dedication and blessing of the Kahalu‘u Regional Park; not much effort appeared to have been made to announce the opening; district ministers, organizations and citizens with prior active involvement in creating the park did not appear to have been invited to take part in the blessing ceremony. Several Board members also expressed concerns and suggested the Board ask DPR for a chance to re-dedicate the park with greater community involvement. Chair Henkin said he will place the issue on the next agenda. Governor Lingle’s Report – B. Morioka reported: DOT was looking forward to the Kahekili Highway Forum. Questions, answers and concerns: 1) Kaluhiwa said someone is trimming the trees at He‘ 2) LeVasseur expressed concern over red millipedes infesting the Waihe’e marsh area; he handed a sample in a zip lock bag to B. Morioka for possible investigation. 3) J. Anthony asked why DLNR’s Director Thielen was not more accessible to the public as it has been difficult for him to get a meeting with her. B. Morioka said the protocol usually was that each department deputy handled issues with project managers; department directors get involved only when necessary to resolve issues. This protocol allowed directors to ensure issues are addressed by those most knowledgeable. Councilmember Dela Cruz’s Report – M. Sakata reported: 1) Illegal dumping has become a problem all over the island; a RISER will be initiated to support options to deal with this issue. 2) DPP responded to concerns about the Woods at ‘Ahuimanu by saying there would be a separate system to handle wastewater. 3) Bill 39 will help preserve the native Hawaiian language by requiring that all City signs with Hawaiian names and language include proper Hawaiian spelling. 3) TheBus stops at ‘Ahuimanu and Kahekili were still lacking trash bins and are on a wait list. Questions, answers and concerns: 1) Vermeesch asked what the length of roadwork was at the Ko‘ 2) Spray asked what DPP’s solution to the proposed Woods at ‘Ahuimanu’s septic system as there were none in existence yet. 3) 4) Kaluhiwa asked the state and city to evaluate ocean and beach impacts due to the increasing use of Senator Hee’s Report – J. Personius reported: Legislature was out of session; however, he was available to take concerns back. Questions, answers and concerns: 1) Community Presentations: A) Watershed Protection Planning/O’ahu Water Use & Development Plan, Hawai’i-La’ieikawai Association (HLA) – J. Anthony reported: In 1999, BWS tried to meet its obligation under the State Water Code to prepare a water use and development plan for O’ahu by spending up to $2 million for a private consultant to develop an Integrated Resource Management Plan. That process was then abandoned. BWS never answered the main question of how much water does O’ahu have to allocate. The Adler Report indicated O’ahu’s water resources are over allocated. BWS then went to a planning process based on O’ahu’s eight main regions, which will go into an overall water use and development plan. BWS has prepared a plan for Ko’olauloa, and HLA participated in the planning process. The plan fails to address significant issues such as dedicated sources of funding for the plan (which BWS estimates will cost $30 million), itemizing and prioritizing action items, and establishing enforceable deadlines. BWS is proposing a similar planning process for Ko’olaupoko. The Board and community need to be proactive to ensure the planning process is not an empty gesture. B. Usagawa responded: BWS agreed with HLA’s points on the plan’s implementation issues and particularly the need eventually to ensure funding and set timelines. BWS plans to engage the Neighborhood Board (NB) and broader community as it moves forward with the Ko’olaupoko Watershed Management Plan (WMP), which will follow a similar model to the Ko’olauloa WMP. The community planning phase should be underway in early 2009. According to the State Hawaii Water Plan, there were eight component plans: 1. State Water Resource Protection Plan, 2. State Water Quality Plan, 3. State Water Projects Plan, 4. State Agricultural Water Use and Development Plans, and 5-8. Questions, answers and concerns: 1) J. Anthony said the NB needs to stay informed so the community won’t be deceived by the usual information offered by BWS. He also added ocean acidification will have a severe impact on marine life. 2) Geboski asked if the state has the institutions necessary to implement a water use plan. J. Anthony said the state is not involved in credible planning and noted the 3) 4) Kaluhiwa asked how much water was taken from the He’ehiauli Stream to service Wai’ahole and Kahalu’u. B. Usuagawa said sources in Ko’olaupoko and Ko’olauloa each contribute half of the water used in Ko’olaupoko. BWS will provide more information during their resource protection plan presentations. 5) Mench asked if BWS had any authority to stop development in the ‘Ewa Plain if rail were approved. B. Usagawa said BWS can only say “no” if a development does not meet standards and that BWS’s mandate is to find sustainable sources of water to promote growth. In ‘Ewa, new developments are using recycled water for landscaping. B. Usagawa also said the Adler Report seems outdated since some agricultural water has been freed up from closure of some major plantations. 6) Spray asked if area streams were benchmarked in any way. B. Usagawa said CWRM is trying to do studies to conserve flow in Waihe’e Stream and that there has been a focus on Punalu’u Stream. 7) Naluai encouraged the community to get involved with the working group and for the NB to form a PIG. Chair Henkin said he would put on next month’s agenda whether to form a PIG. Spray said the Board should use its existing Water and Environment committee rather than form a PIG. B) Illegal Dumping at Noriko Property – Chair Henkin thanked those involved – David Chu (Lessee) & Alan Chu (Lessee’s son), Steven & Susan Lau (Lesser) and George Marantz (Neighborhood Watch) – for their attendance tonight and asked them to work towards supporting measures to help clean up the property. G. Marantz reported: There was alleged illegal dumping, theft, prostitution, and drug dealing ongoing at the site. He said there was clear evidence that abandoned vehicles had been dragged from the property and dumped on ‘ Questions, answers and concerns: 1) D. 2) A. Chu said they were working with the state courts on an eviction plan for the illegal lunch wagon currently at the site including eviction of the “homeless drug users” alleged to be living on the property. He also said the property was stripped of electricity and water supply. He asked the community to call HPD if needed; there was a legal statement in place to assist HPD in the event of trespassers. He also said his father was trying to regain his losses by concentrating on other business matters to help rebuild what he has lost at the property. 3) Susan and Steven Lau said they had no control over the property since the bank legally entrusted the property to D. Chu following the prior lessee’s default. She said she was concerned about the community’s complaints and public eyesore along with the widespread drug use reported on the property. 4) G. Marantz asked if there was hired private security on the property as HPD does not secure private property. A. Chu said they had an employee that worked off property and he was to be acting security; however, things still seem to disappear as no one was there 24 hours a day. 5) G. Marantz said the community would be supportive if the lessees opened a business and asked the lessees to give the community specifics on how it could help. He stressed the building needs to be occupied or needs effective security. 6) Naluai and Kaluhiwa both agreed the time has come for the community; NB and lessee to all do something about the problems at the property. 7) G. Marantz requested a video inventory of everything currently at the property so that, if items should show up dumped in the community, they could be traced more easily. 8) 9) A. Chu stated he has been in touch with HPD and offered for HPD to use the property as a parking lot, in order to deter illegal activity. 10) Kaluhiwa suggested the lessee might offer use of the property to DLNR as a location for DoCARE to monitor activities on Kane’ohe Bay. 11) LeVasseur agreed that attention needed to be paid to the Noriko site but expressed concern about the stretching of limited police resource to deal with issues that are initially the owner’s or lessee’s responsibility. 12) Chair Henkin repeated the motion: the Kahaluu Neighborhood Board No. 29 requests the Honolulu Police Department to pay more attention to illegal or potentially illegal activities at the Noriko site. The motion failed; 6-3-2. (Aye: Henkin, Mench, 13) D. (NA Mary Chanel-Benjamin left the meeting at 10:00 p.m. Board Secretary to take minutes for the remainder of the meeting). C) Windward Community Holiday Festival 2008 – Naluai reported on plans for a second Windward Community Holiday Festival, which will take place at three windward locations: Hau’ula Beach Park Pavilion, Kane’ohe He’eia State Park-Ulumau Village Pavilion, and Waimanalo Beach Park Pavilion during the first week in December to reach more homeless community members in need. Naluai requested that those willing to support by monetary donations, volunteer services and in-kind services contact her at kamaliimakamae@gmail.com or 239-1281. Naluai requested Board support for the event and to help print the event flyer. Kaluhiwa moved and Hoe seconded for the Kahaluu NB No. 29 to support the project and authorize up to 400 flyers to be printed by the Neighborhood Commission Office. The motion was ADOPTED by unanimous consent; 10-0-0. (Busch, Geboski, Henkin, Hoe, Kaluhiwa, LeVasseur, Mench, Naluai, Spray and Vermeesch) D) September and October Board-Sponsored Forums – Without objection, Chair Henkin added an agenda item to address various time-sensitive “housekeeping” matters related to the upcoming Kahekili Traffic and Candidates Forums. Chair Henkin noted that, to avoid any Sunshine Law concerns about more than two Board members attending the September 11, 2008 forum on Kahekili traffic, he had prepared and filed a special meeting agenda. Chair Henkin noted that he had arranged for ‘Olelo to tape the Kahekili traffic forum, which would cost up to $20 to reimburse the cameraperson for the video tape. Spray moved and Geboski seconded that the Kahaluu NB No. 29 authorized the expenditure of up to $20 for reimbursement of a video tape for the ‘Olelo recording. The motion was ADOPTED by unanimous consent; 10-0-0. (Busch, Geboski, Henkin, Hoe, Kaluhiwa, LeVasseur, Mench, Naluai, Spray and Vermeesch). Chair Henkin noted that the Candidate Forum would not require the filling of a special meeting agenda as the issues at the event were not likely to come before the Board as agenda subjects. Kaluhiwa moved and Hoe seconded for the Kahalu’u NB No. 29 allow the regular refreshment funds be used – up to $40 – for the Candidate Forum. The motion was ADOPTED by unanimous consent; 10-0-0. (Busch, Geboski, Henkin, Hoe, Kaluhiwa, LeVasseur, Mench, Naluai, Spray and Vermeesch) Agenda Items for October Meeting – Chair Henkin asked the Board to provide input on agenda items for the October meeting, noting that he planned to include an item regarding possible formation of a permitted interaction group (PIG) to investigate issues related to the upcoming water use and development planning process. Spray said the issue might better be dealt with by the Water and Environment Committee, with Chair Henkin saying he would place the issue on next month’s agenda. Chair Henkin asked if any member or attendee was interested in Board presentations on the rail ballot issue, Civil Defense Sirens or Trick or Treat for Safer Streets, and, with no Board member expressing interest, said those would not appear. Chair Henkin announced the agenda would include an item to address concerns about the recent Kahalu’u Board Assignments – Committee Chairs: Chair Henkin announced appointments for Board committee chairs: Spray (Water and Environment), LeVasseur (Transportation), Naluai (Parks and Recreation), Mench (Planning), Hoe (Preservation of Hawaiian Culture), Busch (Military/Civilian Affairs liaison), and Geboski (Legislation and School). Spray suggested that Luersen be asked to serve as the co-chair for the Water and Environment Committee. Secretary Geboski stressed the need for a tape recorder for portions of the meeting running past 10 p.m. and proposed the Board purchase one. Spray stated the Neighborhood Commission Office should be able to provide a tape recorder for that purpose. Naluai offered the use of her tape recording for this meeting. Corrections/Amendments of the Regular Meeting Minutes – Chair Henkin announced the approval of August 13, 2008 minutes would be deferred to the October meeting.
Adjournment – Chair Henkin adjourned the meeting at 10:28 p.m. Submitted by Mary Chanel-Benjamin, NA Reviewed by Chair Henkin |
| Thursday, October 02, 2008 |