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DRAFT REGULAR MEETING MINUTES
THURSDAY, DECEMBER 4, 2008
CALL TO ORDER: Chair Charles Prentiss called the meeting to order at 7:03 p.m., with a quorum of 16 members present. Note This 19-member Board requires 10 members for a quorum and to take official Board action. Chair Prentiss announced that the Board placed a donation box at the meeting for non-perishable and canned foods to distribute to appropriate service agencies.
MEMBERS PRESENT: Larry Bartley, Kalana Best, Richard Bratt, Michele Brooks, Kathy Bryant-Hunter, Jon Chinen, Jim Corcoran, Michael Correa, Debbi Glanstein, Joe Harding (departed at 9:59 p.m.), Knud Lindgard, Charles Prentiss, Claudine Tomasa, Linda Ure, Ronald Weinberg (departed at 9:25 p.m.), Donna Wong.
MEMBERS ABSENT: Shawn Christensen, Virginia Enos.
VACANCIES: There is one vacancy on this Board (Christian Porter resigned just prior to this meeting).
GUESTS: Capt. R. Fallau (
APPROVAL OF MINUTES:
November 6, 2008 Regular Meeting Minutes The November 6, 2008 regular meeting minutes were APPROVED AS CORRECTED by UNANIMOUS CONSENT (16-0-0) (Aye: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Glanstein, Harding, Lindgard, Prentiss, Tomasa, Ure, Weinberg, Wong), with the following corrections:
* Page 4 Presentations Wedding Permits Questions, comments item no. 12 second sentence between "This" and "permit should", insert "DBEDT".
* Page 14 Committee Reports Transportation and item no. 2 first sentence after "reflects at least" and before "miles", strike out "15" and insert "50".
* Page 14 Committee Reports Executive Committee first line between "Chair Prentiss" and "the following", insert "presented".
* Page 14 Committee Reports Executive Committee item no. 2 after "Bill 6," and before "has been", strike out "DC1" and insert "CD1".
AGENCY REPORTS [1]:
Honolulu Police Department (HPD) Lt. J. Cheong distributed the report and a pamphlet covering parking violations, and highlighted the following year-to-date statistics:
January to November 2008 There were 2 murder/manslaughter, 30 rape, 53 robbery, 70 aggravated assault, 640 burglary, 1397 theft, 1028 unauthorized entry into a motor vehicle, and 293 auto theft cases.
Questions, comments and concerns followed:
1) Lanikai Parking Issues Lt. Cheong was thanked for bringing the parking law violation pamphlets. Motorists continue to park in the bike lanes on Mokulua and Kaiolena Drives, making it very dangerous for bike riders. Officers were witnessed driving by cars illegally parked in the bike lanes there without apparent notice; the parking laws need to be enforced before injuries result.
2) Emergency Access to Buildings There are buildings in
Marine Corps Base
1) Air Field Hours of Operation Saturdays will include 24-hour operations. Fixed wing training will be in the area on December 8, 10 and 11, 2008. On December 15, 2008, the air field will be closed for maintenance.
2) Soldiers Returning Members of the Navy Patrol and Reconnaissance Squadron VP-9, Helicopter Anti-Submarine Squadron Light 37 and CMO-2 were welcomed home last month.
3) Deployments In November 2008, the 3rd Marine Regimental Headquarters & Combat Logistics Battalion 3 and the CPRW-2's VP-4 (P-3 squadron) were deployed to combat in
4) Pearl Harbor Day Anniversary Events 2008 The Marines support the anniversary of Pearl Harbor Day with four events: (a) December 5, 8:00 a.m. Morning Colors and Klipper Ceremony aboard MCBH; (b) December 6, 3:30 p.m. Marine Corps Air Station Ewa Beach Ceremony; (c) December 7, 7:50 a.m. Pearl Harbor Day 67th Anniversary at USS Arizona Memorial; and (d) December 7, 11:30 a.m. Japan Religious Federation Blessing Ceremony on MCBH. All events except the last one are open to the public.
5)
6) Special Olympics
7) Unit Mission Marine Aircraft Group 24 The Marine Aircraft Group 24 (MAG-24) was activated on March 1, 1942 at Ewa,
Questions, comments and concerns followed:
1) Energy Self-Efficiency Congratulations were extended to the Marines for their move to energy self-sufficiency. Maj. Crouch will provide updates as they come. The Army (and other military branches) are also making efforts to move to energy self-sufficiency.
2) Medical Evacuation Helicopter Before the
Board of Water Supply (BWS) Chair Prentiss conveyed the following information:
1) 2009 Water Conservation Calendar The new 2009 Water Conservation Calendar has been released; it has suggestions about water conservation illustrated by student artists chosen by last year's contest. The calendar theme is "Makamae Ka Wai (Precious is the Water)
Use it Wisely." The calendars are available to the public at the BWS location on
2) Annual Poster Contest and Poetry Contest BWS launched their 31st annual poster contest for students in kindergarten through 6th grade, and a new poetry contest for students in 7th through 12th grade. This year's theme for both contests is "Ola I Ka Wai Water Gives Life", encouraging students to conserve drinking water through wise water use. The deadline to enter the contests is March 11, 2009. Entry packets are available at BWS South Beretania Street, satellite city halls, and www.boardofwatersupply.com.
COMMUNITY ISSUES AND ANNOUNCEMENTS:
Student Volunteer Kurt Sasaoka Chair Prentiss extended appreciation to Kurt Sasaoka, a student volunteer who sets up and breaks down the sound system before and after Board meetings.
1) Medical Evacuation Helicopter As a paramedic, he is aware that the Black Ops helicopter was taken away years ago due to the war. Although Mr. Zuckernick did not want to speak on behalf of the Army, he noted that the Army contracted with a private company to use a helicopter for military rescues, and is looking into ways to share this use with private individuals.
2) Kailua Beach Zone Enforcement Recently at
Chair Prentiss announced that refreshments were available in the back of the room and asked Board members to gather to take a new Board picture. The meeting recessed from 7:33 p.m. to 7:46 p.m.
PRESENTATIONS:
Medical Liability Reform Public Health, Public Safety & Civil Defense Committee (PHPSCD) Chair Tomasa explained the subject of medical liability reform, touching on issues such as the nurse and doctor shortage, high malpractice premiums, high risk of lawsuits, and low reimbursement rates. She introduced Dr. Linda Rasmussen, an orthopedic surgeon at
1) Exodus of Doctors A great deal of doctors have already migrated to the mainland from
2) Solutions Increase of reimbursements has been discussed, but this would also require increased premiums, which would hurt individual patients. In
3) Save Our Doctors Patient Group (SODPG) SODPG is an instrumental part of the movement for medical tort reform.
4) Doctors' Income Doctors' incomes are controlled by the government, which limits what they can charge, but doesn't limit expenses such as rent, equipment, staff, etc.
Questions, comments and concerns followed:
1) Legislators Weinberg demanded that Representative Chris Lee explain why the legislators have failed to help when it comes to medical issues; Glanstein raised a point of order that the debate was irrelevant to the issue at hand. Chair Prentiss acknowledged the point and warned Weinberg to keep his debate to the pending issue. Bartley stated that there are more attorneys in the legislature than doctors.
2) Lawyers' Versus Doctor's Income Bartley commented that the lawyers seem to make more money from the medical industry than the doctors do.
3) Universal Medical Coverage Lindgard noted the existence of the Federal Deposit Insurance Corporation, which insures banks, and questioned why the federal government couldn't take over the medical system.
4) Solutions Doctors are requesting direct payments and a surcharge, even though both items involve passing along the cost to the patients. The SODPG is working on medical tort reform; since it's felt that the legislature ignores doctors more than patients.
5) Comprehensive Program Glanstein, the Board's Legislative Liaison, would like to see the legislature create a comprehensive program to address the issues, so that more physicians, dentists, etc. are not lost; she gave an example of some loan forgiveness for medical students/doctors who work in rural areas. Glanstein continued to stress that medical tort reform is needed in any solution.
The motion related to medical liability reform (agenda item IX.B) was brought up at this time without objection. "The
BOARD ACTIONS [1]:
Public Health, Public Safety & Civil Defense Committee (PHPSCD) [1]
Motion [1]: PHPSCD Chair Tomasa moved, and Weinberg seconded, that the
1) Need for Immediate Solutions Tomasa established that the issues are ones of public health and safety and need to be addressed immediately before any more physicians leave for the mainland.
2) Hard to Find Doctors Brooks, who works at the State Department of Health (DOH), has seen how hard it is to find an appropriate doctor in other parts of the state; she gave an example of pregnant women in
3) Support for Motion Weinberg supported the motion, and again criticized the legislature for their failures to solve the medical issues while accepting a 36% pay raise; Chair Prentiss cautioned Weinberg about keeping debate away from individuals and to the issues. Bartley expressed his support for the motion, and added that it's needed before the legislative session begins, so that constituents can follow up.
4) Opposition to Motion Ure communicated her opposition to the motion in its current form; she noted that there are no pending legislative bills on this issue, and this motion is beyond the scope of the Board. Ure specified that she doesn't want the Board to give blanket approval for everything that could be included in this motion; she would prefer that the motion clarify the issue. Corcoran acknowledged the importance of the issue, but added that he's not ready to vote due to lack of information; he continued to state that usually the Board hears a balanced presentation, with both pro and con sides represented, before making a decision. Corcoran was unsure as to the opinion of his constituents and he emphasized the unreliability of polls, especially those online. Glanstein advocated having an attorney present to represent the insurance and legal industries; she wanted specific information regarding possible caps to awards, not an extremely broad issue. Glanstein pointed out that action may be premature, since there are no bills or resolutions pending on the issue.
5) Former Representative Tommy Waters' Position Harding remarked that former Rep. Waters voted against medical liability reform.
The motion that the
Kapaa Light Industrial Park Rezoning John King supplied that he bought land from Kaneohe Ranch, and now is renting out the industrial space faster than he can keep up with, so he is requesting more land be rezoned for industrial use (from preservation). Mr. King introduced Marc Siah and Manfred Zapka, who presented the following information:
1) Background The project to develop a modern and environmentally friendly warehouse area in
2) Objectives The objectives of the project are to: (a) provide modern warehouse space for established and new businesses in
3) Approach The desired approach is to: (a) expand the existing warehouse development to meet increasing demand and to replace warehouse space that is being lost in the region; and (b) build and operate the proposed warehouses park using sustainable technologies to decrease the ecological footprint.
4) Existing Conditions and Zoning A pictures was displayed of the existing conditions at the site (tax map key 4-2-015); on the upper side of the existing warehouses (22 acres zoned Intensive Industrial I-2), there are 11 acres zoned General Preservation P-2, and on the lower side there are also 49 acres of P-2 land.
5) Proposed Zoning Changes A picture was displayed of the proposed site layout and zone changes; the two areas zoned General Preservation P-2 would be rezoned as Intensive Industrial I-2, but only five out of 11 acres would be developed on the upper side, and 24 out of 49 acres on the lower side.
6) Project Time Line in Development Phases It's planned to phase the development into four stages: (a) 80,000 square feet, flanking the existing development on the lower side; (b) 147,000 square feet, flanking the existing development on the upper side; (c) 81,000 square feet, on the upper side of (a); and (d) 355,000 square feet, on the lower side of (b). The total new warehouse space would cover 663,000 square feet, compared to the existing warehouse space of 195,000 square feet, and would be completed in 2028.
7) Major Design Issues The major design issues are: (a) Kapaa watershed considerations and impact on water quality of Kapaa Stream; (b) future traffic conditions around the site; (c) visual impact near distance and distant views; (d) added demand on local utilities electricity, water, wastewater, communication, solid waste; (e) potential pollution air, noise, light; (f) impact on Kawainui Marsh; (g) impact on community services; and (h) impact on employment and population in the region.
8) Proposed
9) Sustainable Technologies Considered The following sustainable technology items were weighed in:
a) Sustainable Sites (i) brownfield redevelopment; (ii) alternative transportation; (iii) protection or restoration of habitat; (iv) maximization of open space; (v) light pollution reduction; and (vi) stormwater design.
b) Indoor Environmental Quality (i) low-emitting materials; (ii) increased ventilations; and (iii) daylight and views.
c) Water Efficiency (i) water efficient landscaping no potable water use or no irrigation; (ii) water use reduction by 30%; and (iii) innovative wastewater technologies.
d) Energy and Atmosphere (i) green power; (ii) optimization of energy performance; and (iii) on-site renewable energy.
e) Materials and Resources (i) reuse of materials; (ii) construction waste management; and (iii) regional materials.
10) Anticipated Impacts and Mitigations The following items were described:
a) Kapaa Watershed and Stream Water Quality The present conditions show that almost 20% of the pollution level is from the existing warehouses; with the new warehouses, the water pollution level will decrease almost 20%, thus improving the water quality in the Kapaa watershed.
b) Stormwater Management and Drainage Infrastructure (i) impervious roadways stormwater collected; (ii) pervious parking areas stormwater infiltrates; (iii) runoff from roof to stormwater treatment; (iv) stormwater conveyance; (v) pre-treatment; (vi) dry extended detention ponds; and (vii) harvested rainwater for irrigation, etc.
c) Projected Traffic Situation The traffic situation will increase slightly in the southbound direction, but will decrease slightly in the northbound direction. The increase in traffic seems negligible.
d) Site Access More road accesses to the site will be added to cover the added development.
e) Visual Impacts Trees will be planted to minimize the visual impact on drivers along
f) Estimated Future Energy Demand This project includes energy efficient buildings, energy efficient outfitting, and renewable energy production on site. There will be a 35% reduction in the demand for energy from energy efficient warehouses versus conventional warehouses by 2028.
g) Water Consumption There will be an additional water demand for the new warehouses (from 20,000 gallons per day to over 80,000 in 2028), but the goal is to lower the demand through water conservation fixtures and avoidance of irrigation with potable water.
h) Wastewater Treatment Wastewater treatment will be handled by on site septic systems, consisting of the tank and the absorption field; one septic system typically serves two new warehouses. The wastewater volume will also be lowed by water conservation and low flow fixtures. There are currently five septic systems and the number will increase to 23 by 2028.
11) Open Space Considerations The site contains a bird and wildlife sanctuary with 15 acres of restored wetlands, three cascading ponds, and 6,000 feet of wildlife fence to keep bird predators out. The sanctuary is a quality habitat for endangered birds and is maintained by volunteer groups.
Questions, comments and concerns followed:
1) No Board Action Tonight The Board will not make any recommendations for Board action tonight, since the presentation was for information only at this point.
2) Green Waste Facility The green waste facility is a current tenant.
3) Development Time Line It will take at least 10 years before development is begun.
4) Environmental Considerations An Environmental Assessment (EA) was completed for the project; if significant impacts are found, then an Environmental Impact Statement will be needed. The EA first needs to be submitted to the City Department of Planning and Permitting (DPP), which will be done before the end of December 2008, and then to affected Neighborhood Boards and public libraries, etc. The EA will be noticed in the State Office of Environmental Quality Control bulletin after the comments from DPP have been considered and will be posted online. An EIS may be needed due to the possible overload on the stream; it was suggested to reduce the size of the development.
5)
6) Koolaupoko Sustainable Communities Plan (KPSCP) The project is consistent with the KPSCP, with two key objectives satisfied: (a) improvement of business infrastructures with slow growth; and (b) the use of sustainable technologies. Mr. Kings effort to make the industrial sites sustainable was commended, especially considering the extra expenses involved.
7) Archeological and Cultural Issues The EA will address archeological and cultural issues, but no major sites were found to exist in the project area.
8) Improvement of Industrial Park Mr. King was complimented on the positive improvements since he took over the
9) Water Issues Mr. King does own the roadway in the park but not the waterway; some of the canals may be covered a little but a pond will be built to collect and reroute the water to retention farms.
10) Development Footprint The warehouses, roadways and parking lots are built to cover approximately 50% of the conservation area.
State Historical Preservation Burials Pua Aiu, Ph.D., from the State Department of Land and Natural Resources (DLNR), State Historical Preservation Division (SHPD), detailed the following information:
1) DLNR Historical Preservation Programs There are different programs that handle historical preservation; cultural history includes items such as burial sites.
2) Burial Sites in
3) Types of Burial Sites and Process There are two categories of burial sites: (a) previously known (known or found during a survey); and (b) found inadvertently. The main difference is how the sites are handled; if a previously known site is found, the burial council decides whether or not to move the remains, but if a site is inadvertently found, then DLNR makes the decision on the remains. Any inadvertent discovery stops the project involved at least 24 hours to allow an inspection by DLNR, possible notification of descendants, and then any necessary decision-making.
Questions, comments and concerns followed:
1) Found Burial Sites Some previously known burial sites were found on Kaneohe Ranch holdings, and an area was set aside to move remains to under the supervision of a cultural consultant and/or any descendants. An inadvertently found burial site was found at Hekili and will probably be relocated. DLNR believes that construction companies follow the rules and stop activity if any burial sites are discovered.
2) Privacy The law allows information about burial sites to be kept confidential between the property owner, DLNR, and any descendants, because of desecration (transfer of skulls, etc.) in the past.
3) Burial Remains Burial remains have different treatment depending on if they are native Hawaiian remains or non-native remains; there are well-defined rules for the treatment of native Hawaiian remains.
4) Violations There were some cases on
5) Federal Burial Laws Federal laws regarding burials apply only on federal lands.
6) Archeological Surveys An individual applying for a pool permit experienced a delay in order to complete an archeological survey. The types of soil are important in determining whether a survey is required. DLNR only responded to eight letters concerning
7) Further Information on Website See the website www.hawaii.gov/dlnr/hpd for more information.
The report of the
AGENCY REPORTS [2]:
1) November 2008 Statistics There were 7 structure, 0 wildland, 5 rubbish, and 4 vehicle fires; there were 85 medical emergencies, 8 search/rescues, and 18 miscellaneous calls.
2) Fire Safety Tip This holiday season, consider a fire-resistant, artificial Christmas tree; otherwise, choose a natural tree thats as fresh as possible, and keep it hydrated and away from any heat source. Decorate with noncombustible materials. Choose only Underwriters Laboratory-approved electrical decorations and follow manufacturers instructions. Do not overload extension cords. A significant portion of home fires originate in the kitchen, so dont leave cooking unattended, even for a minute. Keep an ABC-rated fire extinguisher close by and know how to use it. Dont wear long, loose-sleeved clothing while cooking, turn handles on pots and pans inward to prevent accidents, and keep children away from the kitchen. If hosting overnight guests, share the home escape plan with them.
Questions, comments and concerns followed:
1) Vehicle Fires There are no pattern to the increase in vehicle fires. In previous years, the vehicle fires were related to stealing cars and concealing evidence; now some of the fires are caused by malfunctions.
2) Emergency Access to Secured Buildings In case of an emergency in a secured building, usually the building manger, security, or the person who called let in HFD; if there's no one to let HFD in, then they will break down the entry. However, an emergency response team doesn't have this same way in to a building. Each building should create a Standard Operating Procedure in case of emergencies and share this document with HFD.
ELECTED OFFICIALS:
Governor Linda Lingle's Representative [1] The report was heard later in the meeting.
Senator Fred Hemmings; Senator Jill Tokuda; Representative Pono Chong No representatives or reports present.
Representative Cynthia Thielen A representative circulated a holiday calendar earlier in the meeting.
Representative Chris Lee Rep. Chris Lee distributed his report, noting that it contained his contact information and committee assignments, and called attention to the following information:
1) Funding for State Projects Rep. Lee just returned from
2)
3)
4) Parking Distance from Driveways Currently, the law requires a minimum distance of four feet from any driveway when parking on the street; some legislators have discussed shortening the minimum distance to two or three feet, to allow more street parking.
5) Medical Issues Rep. Lee takes medical issues very seriously. Potential options, such as incentives, etc., are being discussed in the legislature.
Questions, comments and concerns followed:
1) School Consolidation It was pointed out that
2) Office Phone Number Rep. Lee's Office phone number is 586-9450.
The report of Governor Linda Lingle's Office was heard at this time, without objection.
Governor Linda Lingle's Representative [2] Dr. Glenn Wasserman, from the Communicable Disease Division of DOH, circulated a handout on Gov. Lingle's economic action plan, and mentioned:
1) Kailua Permits and Archeological Surveys Kailua residents and contractors expressed concern about DLNR calling Kailua a "historic burial site" and requiring all building permit applications to conduct archeological surveys prior to any work. The cost is up to $15,000, with no guarantee, and the survey could stop the project; this requirement is delaying approval of building permits by 60 to 90 days. There is already a process for addressing remains that are discovered (either previously known or inadvertently found). For the time being, DPP will continue to process their permits in this manner while DLNR determines the appropriate archeological review for the
2) Bird Sanctuaries DLNR responded that they don't control entities that publish pictures or articles of the bird sanctuaries (little islands). The locations are noted on DLNR maps, and signs are posted on the islands. Community outreach was done when these islands became sanctuaries to eliminate the interior hiking and parties on the islands, in order to protect the bird population.
3) Sand Quality Both the City and the State need to address the quality of sand dredged from Kaelepulu Stream before it can be used to replenish the beach sand; follow-up is being done.
Questions, comments and concerns followed:
1) Significant Sites The previously raised question related to not only bird sanctuaries, but also to any and all significant sites, and should have been directed to the Hawaii Tourism Authority and any agency that promotes or funds promotions for tourism. Inaccurate information about heiaus was seen coming from the Oahu Visitors Bureau. Guided tours to the heiau by
2) Kailua Beach Zone Enforcement Dr. Wasserman will follow up on the kayaking and swimming zone notification at
Weinberg departed at 9:25 p.m.; 15 members present.
1) Tree Lighting Ceremony Everyone was invited to witness the tree-lighting ceremony at Honolulu Hale tomorrow, December 5, 2008, and participate in Honolulu City Lights on Saturday, December 6, 2008.
2)
3) Updates on Area Parks The following updates were given regarding area parks:
a)
b)
c)
d)
Questions, comments and concerns followed:
1) Lanikai Traffic and Parking Issues The City Department of Transportation Services (DTS) was again requested to do a study of traffic and parking in Lanikai; comments were made that the area is starting to look like
2) Recycling Program Problems There were "misfires" with the start of the new recycling program. The rubbish and recycling days were changed with inadequate notice to residents. It was suggested that more be done to notify the public of the pickup days. The stickers distributed ended up being useless since the pickup days were changed. The number to call with any questions was requested. Some residents failed to get their pickups because they used the wrong colored bin.
Councilmember Barbara Marshall Neighborhood Assistant (NA) Rachel M. Glanstein distributed the report; the representative had a scheduling conflict.
COMMITTEE OF THE MONTH:
Government & Community Services Committee (GCS) GCS Chair Chinen provided the following updates:
1) Proposed Legislation 2009-10 GCS is watching for proposed legislation, especially Capital Improvement Programs (CIP), and will bring recommendations to the Board for consideration.
2) Neighborhood Plan (NP) MMVIII Tentative Workshops There are tentative workshops planned for January 2009 to present information about the new NP 2008; the chief concern is that the new NP is in effect without presentations being made to the Boards.
3) Neighborhood Commission Meetings and Elections Four election options were outlined for selection at the last NC meeting: (a) mailing out paper ballots; (b) combination of mail ballots and internet voting; (c) internet and phone voting; or (d) internet or phone voting. The NC voted for option (c), internet and phone voting in the next Board election. The procedures will include mailing letters with pin codes which will allow people to vote online or by phone and the contracting of the League of Women Voters to handle the phone banks and submit phone ballots. The phone banks will be open Monday to Friday, from 8:00 a.m. to 4:00 p.m.; if the volume of calls is high, then more volunteers will be added. Concerns were expressed over the security of the new system; the NC stated that they may reach a wider number of voters and increase voter turnout. The candidate profiles will be posted online and inserted once in an edition of MidWeek.
Questions, comments and concerns followed:
1) Voting in Uncontested Elections Its believed that residents in areas with uncontested elections will be still allowed to vote in their elections.
2) Neighborhood Commission (NC) A Board member was offended that at the last NC meeting, the Commissioners refused to answer some questions, but closely timed every attendee's two-minute speech. The feeling that the NC doesn't work for Boards was expressed.
3) Online and Phone Voting The question was raised on how to ensure that someone doesnt vote both by phone and the internet. It was pointed out that the method of election was driven by the budget cuts, although it may compromise participation. Problems with the previous two elections were alluded to, and a formal complaint was filed with the Ethics Commission regarding the fact that two Neighborhood Commissioners serve as Neighborhood Board (NB) members, and one as Chair of the NB.
BOARD ACTIONS [2]:
Planning, Zoning and Environment Committee (PZE)
Motion: PZE Chair Wong moved, on behalf of the PZE, to reconsider Board position, adopted at November 4, 2008 Kailua Neighborhood Board No. 31 (KNB) meeting, in opposition to variance application for 1336 Mokulua Drive (The Kailua Neighborhood Board opposes the zoning variance at 1336 Mokulua Drive to allow two (2) single-family dwellings on a single zoning lot, which lacks the required lot area because the applicant does not meet the three (3) criteria (Land Use Ordinance (LUO) Section 6-909 and 6-910) for a variance: (1) the applicant would be deprived of the reasonable use of such land or building if it were used only for the purpose allowed in that zone; (2) the request of the applicant is due to unique circumstances and not the general conditions in the neighborhoods; and (3) the use sought to be authorized by the variance will not alter the essential character of the locality nor be contrary to the intent and purpose of the zoning ordinance). Discussion (and an amendment) ensued:
1) Background PZE Chair Wong reiterated background from the last few meetings on the issue of the variance application for
Chinen moved, and Ure seconded, to amend the motion to strike out reconsider and insert rescind, which was ADOPTED by UNANIMOUS CONSENT (15-0-0) (Aye: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Glanstein, Harding, Lindgard, Prentiss, Tomasa, Ure, Wong).
2) Support Bartley stated that, given the new information, he supported the motion, and the Board should rescind and possibly reverse its decision.
3) No Other Motion Planned PZE Chair Wong doesnt plan to offer any other motions on this issue.
4) Plans The applicants plan to build two new side-by-side houses in place of the old houses in disrepair. Nearby two sisters completed a similar project. The intent to submit the property to a condominium property regime is to allow their children to inherit their shares of the property, not in order to rent or sell the houses separately. The applicants plan to build each house no larger than 2,500 square feet.
5) Preventing Erosion The current revetment to prevent erosion is working well and there are no plans to put up a seawall at this time; the development is going to be located a good distance from the setback.
The motion, as amended, to rescind Board position, adopted at November 4, 2008 Kailua Neighborhood Board No. 31 (KNB) meeting, in opposition to variance application for 1336 Mokulua Drive (The Kailua Neighborhood Board opposes the zoning variance at 1336 Mokulua Drive to allow two (2) single-family dwellings on a single zoning lot, which lacks the required lot area because the applicant does not meet the three (3) criteria (Land Use Ordinance (LUO) Section 6-909 and 6-910) for a variance: (1) the applicant would be deprived of the reasonable use of such land or building if it were used only for the purpose allowed in that zone; (2) the request of the applicant is due to unique circumstances and not the general conditions in the neighborhoods; and (3) the use sought to be authorized by the variance will not alter the essential character of the locality nor be contrary to the intent and purpose of the zoning ordinance) was ADOPTED 12-3-0 (Aye: Bartley, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Glanstein, Prentiss, Tomasa, Ure, Wong; No: Best, Harding, Lindgard).
Public Health, Public Safety & Civil Defense Committee (PHPSCD) [2]
Motion [2]: This item was brought up earlier, following the related medical liability reform presentation.
Harding departed at 9:59 p.m.; 14 members present.
Government & Community Services Committee (GCS)
Motion: GCS Chair Chinen moved, on behalf of the GCS, that it shall be the policy of the Kailua Neighborhood Board, in accordance with §2-14-124, Neighborhood Plan, newly revised, 2008, that Kailua residents may be appointed members of its committees in a non-voting capacity. Discussion ensued:
1) Background GCS Chair Chinen explained that the new NP allows committee members to be non-Board member residents of any area, and that the Board may establish a policy to have committee members be residents of the area only.
2) Boards Elected Status Bartley commented that residents carrying the title of committee member could undermine the status of elected Board members.
3) Support Bryant-Hunter supported the motion and added that it may encourage community participation. Corcoran offered that Weinberg also supported the motion, and mentioned that the policy may be important for the Board to operate efficiently.
4) Neighborhood Plan (NP) [1] Corcoran pointed out that the NP states that committees and their members may not speak for the Board and noted he would at least like to specify Kailua residents, since the NP has no stipulations regarding residency and committee members.
5) Opposition Best voiced her opposition to the motion due to the motion not stating how committee members would be appointed and how many would be allowed; she felt that its great for attendees to participate at committee meetings, but drew the line at allowing them to be committee members.
6) Appointment of Committee Members [1] Bartley asked about the criteria for committee members and who appoints them. Ure read from the NP on how to establish and appoint committees, noting that all committee chairs must be Board members. Chair Prentiss specified that usually committee members are appointed by the Chair without objection, or as directed by the Board.
Bartley moved, and Best seconded, to postpone the motion indefinitely. Discussion continued:
7) Implementation of Policy Bartley expressed confusion about the implementation of the proposed policy. Corcoran explained that GCS recommended the adoption of the policy to protect the Board, since currently anyone may join committees, regardless of residence, and it protects the Board to have some stipulations regarding residence.
8) Appointment of Committee Members [2] Wong conveyed concern with the word appointment in the motion and inquired about the criteria to appoint committee members.
9) Neighborhood Plan (NP) [2] Glanstein called attention to the fact that the NP is the governing document of the Boards, and can be viewed online or at the Neighborhood Commission Office (NCO). The NCO is in the process of indexing the NP, which went into effect on October 20, 2008. She continued to state that the Board is trying to create a policy to further refine the language in the NP to suit the Boards purposes.
10) Principal Residence Best wanted to ensure that any non-Board members appointed be full-time residents of
The motion to postpone indefinitely was WITHDRAWN by UNANIMOUS CONSENT (14-0-0) (Aye: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Glanstein, Lindgard, Prentiss, Tomasa, Ure, Wong).
Best moved, and Ure seconded, to amend by inserting only verified between that and
The motion, as amended, that it shall be the policy of the Kailua Neighborhood Board, in accordance with §2-14-124, Neighborhood Plan, newly revised, 2008, that only verified Kailua residents may be appointed members of its committees in a non-voting capacity was ADOPTED 10-3-1 (Aye: Bartley, Best, Bratt, Chinen, Corcoran, Correa, Glanstein, Prentiss, Ure, Wong; No: Brooks, Bryant-Hunter, Lindgard; Abstain: Tomasa).
Neighborhood Assistant (NA) Rachel M. Glanstein departed at 10:24 p.m. Secretary Ure composed the remainder of the minutes.
Brooks departed at 10:25 p.m.; 13 members present.
FOR CONSIDERATION:
Planning, Zoning & Environment Committee (PZE) PZE Chair Wong stated this resolution was introduced by Councilmember Djou: City Council Resolution 08-256 Initiating Amendments to the Revised Charter of the City and County of Honolulu 1973, as amended, Establishing a City Board to Regulate Bed and Breakfast Homes. This will place the issues on the ballot in 2010 that there shall be a vacation rental board; not a bed and breakfast board, but a vacation rental board with two members appointed by the Mayor, two by the City Council and the balance appointed by the Mayor and confirmed by the Council. Councilmember Djou styled this after boards that regulate hair stylists or electricians; PZE Wong emphasized that the board will not work and will turn into a special interest board.
PZE Chair Wong moved, and Bryant-Huner seconded, that the Kailua Neighborhood Board opposes Resolution 08-256 Initiating Amendments to the Revised Charter of the City and County of Honolulu 1973, as amended, Establishing a City Board to Regulate Bed and Breakfast Homes. Discussion followed:
1) Support Bartley expressed support for the motion and stated that the resolution was a bad idea. Bartley, Chair Prentiss and others met with Councilmember Djou after he announced the resolution, shocking his own neighborhood boards, and Councilmember Djou subsequently withdrew his support for this resolution.
2) Problems with Resolution Bartley concluded that the remaining problems with the resolution are that: (a) the resolution would become a advocacy board for the industry and afford the Mayor or Council appointments that favor the tourism industry with no protection to neighborhood areas; and (b) supporters of Bill 6, CD1 and Councilmembers are using this resolution for cover as a ballot issue to promote unregulated tourism accommodations by a board composed of industry members that is not currently enforced or self regulated.
The motion The Kailua Neighborhood board oppose Resolution 08-256 Initiating Amendments to the Revised Charter of the City and County of Honolulu 1973, as amended, Establishing a City Board to Regulate Bed and Breakfast Homes which was ADOPTED 12-0-1 (Aye: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Glanstein, Prentiss, Tomasa, Ure, Wong; Abstain: Lindgard).
Declaration of Vacancies in Subdistrict 2 (Enchanted Lake, Keolu Hills) and Subdistrict 4 (Coconut Grove, Aikahi, Kailua Town, Kalaheo Hills) Chair Prentiss explained that the Neighborhood Plan (NP) has new regulations on Board member absences that require notification of Board members, and that the Board may declare a subdistrict seat vacant due to three Board member accumulated absences in a term year. While there were two members accumulating three absences, one indicated a wish to continue his seat and one indicated his resignation from the Board. Both letters are in the Board correspondence files.
Ure moved, and Wong seconded, to declare a vacancy in Subdistrict 4 (Coconut Grove, Aikahi,
Appreciation of Porter's Service Porter was thanked for his service to the Board and it was acknowledged he would remain an active community member.
The motion to declare a vacancy in Subdistrict 4 (Coconut Grove, Aikahi,
Filling of Vacancy in Subdistrict 4 (Coconut Grove, Aikahi,
Best moved, and Wong seconded, to postpone the election to appoint the filling of the vacancy to January 8, 2009 when there is additional time for public notice. Discussion ensued:
1) Meeting Attendance Bartley inquired of Ms. Fernandez if she had attended previous Board meetings.
2) Opposition Bratt opposed the motion and recommended that the issue be resolved at this meeting since a candidate was present to fill the vacancy.
3) Support Best, Glanstein, and Corcoran supported the motion to postpone the election to allow greater public notification. Bryant-Hunter voiced that the Board should follow their usual procedure and give more public notice of the vacancy.
The motion to postpone the election to appoint the filling of the vacancy to January 8, 2009 when there is additional time for public notice was ADOPTED 11-2-0 (Aye: Bartley, Best, Bryant-Hunter, Chinen, Corcoran, Correa, Glanstein, Lindgard, Prentiss, Tomasa, Wong; No: Bratt, Ure). The election for appointment to the seat for Subdistrict 4 (Coconut Grove, Aikahi,
COMMITTEE REPORTS:
Civilian-Military Council (CMC) CMC Chair Corcoran concurred with Kaneohe MCBH.
Permitted Interaction Groups (PIGroups)
Enforcement of B&B and TVUs: Porter, Chair, resigned his seat as Board member and had no report.
Neighborhood Plan MMVIII: Chinen, Chair, reported several boundary maps for neighborhood boards are inaccurate and need to be addressed by their respective neighborhood boards to insure proper representation.
Executive Committee Chair Prentiss presented the following information (except for the Treasurer's report and the Corporation Counsel opinions, and no updates were provided on Board activities and individual liability, NCO advisory memos, or correspondence):
1) Agenda Requirements December agenda items are due December 22, 2008 to Chair and Secretary.
2) Board Member Absences Board member absences were addressed earlier in the meeting.
3) Corporation Counsel Opinions Glanstein conveyed that Corporation Counsel Opinions are not complete at the Neighborhood Commission Office and follow up will continue
4) Treasurer's Report Glanstein reported that the Operating Budget expended $115.32 ($85.82 for mailing 126 sets of minutes and agendas, and $29.50 for printing), resulting in a balance of $971.48, the Publicity Budget expended $208 for videotaping, resulting in a balance of $1,668, and the Refreshment Budget balance remains at $120.
5) Conference of Chairs (COC) The COC minutes and video were clarified in a memo from the NCO.
6) Next Meeting 4th Tuesday, December 23, 2008, 8:30 a.m., at Agnes' Bakery-Kailua.
Planning, Zoning & Environment Committee (PZE) PZE Chair Wong reported the following updates (except for the Waimanalo Gulch Landfill and the final EIS for stationing aircraft at Kaneohe MCBH):
1) Bill 6 CD 1 Bed and Breakfast This item was addressed earlier in the meeting.
2)
3) Waimanalo Gulch Landfill Leeward Corcoran relayed that the Waimanalo Gulch Landfill Leeward final EIS was accepted
4) Final EIS for Stationing Aircraft at Kaneohe MCBH Corcoran related that the final EIS for stationing aircraft at Kaneohe MCBH will be held for the December committee discussion and that in the large volume he has found no serious objections thus far.
5) Next Meeting 3rd Tuesday, December 16, 2008, from 7-9:00 p.m., at
Public Health, Public Safety & Civil Defense Committee (PHPSCD) PHPSCD Chair Tomasa provided the following updates (except for public safety and Civil Defense)
1) Public Heath: Medical Liability Reform This item was addressed earlier in the meeting.
2) Public Safety Bratt reported he did not see increases in the events in salient crimes; theft is down from 2003 because it has been entered in UMV stats. Parking and Traffic from 2001-2008 are areas to examine further. Tomasa stated the report will be further discussed in committee. Prentiss disclosed that regarding the lead pellets on
3) Civil Defense Lindgard suggested cutting defense spending as people are in distress.
4) Next Meeting 2nd Thursday, December 11, 2008, 7-9:00 p.m., at Kailua District Park Multi-Purpose Room.
Best departed at 11:00 p.m.; 12 members present.
Transportation and Public Works Committee (TPW) TPW Chair Bratt requested the Memoranda of Record be used to reflect the report for the evening:
1) Traffic and Bicycle Safety The committee continues its work on traffic safety and bicycling issues with the DTS and HPD.
2)
3) Lani Huli Parking Structure Concerns The committee is still awaiting HPD and DTS responses on the concerns over safety issues at the parking structure at Lani Huli (
4) Other Issues The committee will continue to address concerns over
5) Next Meeting 3rd Thursday, December 18, 2008, from 7-9:00 p.m., Kailua District Park Multi Purpose Room.
Parks and Recreation Committee (PRC) PRC Chair Ure requested the Memoranda of Record be used to reflect the report for the evening:
1) Wedding Permits and DLNR Rules Process The data base website is being designed (Steve Molmen, Land Division).
2) Special Interest Groups and Wedding Permits Special Interest Groups may introduce legislation to ban any requirement that weddings on the beach obtain a permit (monitor, discussion, action).
3) Windward Parks Status of Repairs and Replacements The tennis court nets have been addressed at
4) Beach Erosion Control Study The DLNR / City / UHM / USACOE / ELRB studies are ongoing.
5) Sand Replenishment at
6) Capital Improvement-Repairs-Maintenance CIP ground lights for
7) Commercial Activities on Public Lands Commercial activities at beaches in
8) Sand Removal and Redistribution The paths, driveways, and beach will be monitored.
9)
10) Next Meeting 3rd Tuesday, December 16, 2008, 7-9:00 p.m., at
Sustainability and Environment Committee (SEC) Porter, Chair, resigned his seat as Board member and had no report.
ANNOUNCEMENTS:
1) Parks and Recreation Committee (PRC) Meetings The PRC will begin meeting at Zippys
2) Too Many Presentations Chair Prentiss stated he does not want to see three presentations again in a single meeting.
ADJOURNMENT: The meeting adjourned at 11:03 p.m.
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Submitted by:
Rachel M. Glanstein
Neighborhood Assistant
and
Linda Ure
Board Secretary