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DRAFT REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 6, 2008
CALL TO ORDER: Chair Charles Prentiss called the meeting to order at 7:03 p.m., with a quorum of 14 members present. Note – This 19-member Board requires 10 members for a quorum and to take official action. Chair Prentiss announced that: (a) the Board placed a donation box at the meeting for non-perishable and canned foods to distribute to appropriate service agencies; and (b) to create or revitalize a Neighborhood Security Watch through Community Policing District 4 (Waimanalo,
MEMBERS PRESENT: Larry Bartley (arrived at 8:49 p.m.), Kalana Best, Richard Bratt, Michele Brooks, Kathy Bryant-Hunter (arrived at 8:37 p.m.), Jon Chinen, Jim Corcoran, Virginia Enos, Debbi Glanstein, Joe Harding (departed at 9:37 p.m.), Knud Lindgard, Charles Prentiss, Claudine Tomasa, Linda Ure, Ronald Weinberg (departed at 10:02 p.m.), Donna Wong.
MEMBERS ABSENT: Shawn Christensen, Michael Correa, Christian Porter.
VACANCIES: There are no vacancies on this Board.
GUESTS: Capt. G. Chang (
APPROVAL OF MINUTES:
October 2, 2008 Regular Meeting Minutes – The October 2, 2008 regular meeting minutes were APPROVED AS CORRECTED by UNANIMOUS CONSENT (14-0-0) (Aye: Best, Bratt, Brooks, Chinen, Corcoran, Enos, Glanstein, Harding, Lindgard, Prentiss, Tomasa, Ure, Weinberg, Wong), with the following corrections:
* Page 8 – Forum – Stop Rail Now – Questions…regarding both presentations – strike out the text of item no. 1 and insert this text: "A resident expressed disappointment in the perceived sarcasm shown by Mr. Callan, and noted that he may cause people to support rail with his attitude."
* Page 14 – Board Actions – Government and Community… – Motion 1 – Discussion – paragraph between item nos. 5 and 6 – last sentence – after "ADOPTED" strike out "UNANIMOUSLY 15-0-0" and insert "14-1-0", and change Tomasa's vote to NO.
* Page 14 – Board Actions – Government and Community… – sentence after Motion 2 – before "Tomasa departed" insert "Correa and", and before "members present" strike out "14" and insert "13".
* Page 15 – Committee Reports – Transportation and Public… – sentence after item no. 10, before "Enos departed", strike out "Correa and".
AGENCY REPORTS [1]:
Honolulu Police Department (HPD) – Lt. J. Vines distributed the report and highlighted the following information:
October 2008 Statistics – There were 3 aggravated assault, 11 simple assault, 5 auto theft recovery, 26 burglary, 6 counterfeit/forgery, 2 drugs/narcotics, 8 driving under the influence, 10 family offense/neglect, 9 fraud, 9 graffiti, 5 identity theft, 1 kidnapping, 5 missing person, 3 missing person cancelled, 53 motor vehicle collision, 9 motor vehicle theft, 22 property damage, 1 rape, 3 robbery, 1 sex assault, 59 theft, 9 threatening, and 35 unauthorized entry into a motor vehicle cases.
Marine Corps Base
1) Soldiers Returning – Members of the Navy Patrol and Reconnaissance Squadron VP-9 are expected to return this month.
2) Deployments – In November, the 3rd Marine Regimental Headquarters & Combat Logistics Battalion 3 and the USN VP-4 squadron will be deployed for combat in
3) Veteran's Day Events – The Marines support Veteran's Day on November 11, 2008 with three of their own events: (a) 10:00 a.m. OVC Memorial Ceremony; (b) 1:00 p.m. State Ceremony; and (c) 4:45 p.m. USS Missouri Memorial Ceremony.
4)
5) Waikiki
6) Unit Mission – 3d Marine Regiment – The 3d Marine Regiment was formed in 1916 by consolidating Marine detachments from the various ships in the Atlantic Fleet then at anchor in
COMMUNITY ISSUES AND ANNOUNCEMENTS [1]:
Madskill Programs to Benefit Community – Ray Carbullido introduced interns Mark Maeda and Rachel Yamaguchi, and conveyed that his company, Madskill, wants to provide services to benefit the community. He gave examples involving environmental education, such as ways to decrease trash and implement beach clean-ups. Mr. Carbullido welcomed suggestions for programs; he wants to ensure that his efforts are in the right areas for the community.
Questions, comments and concerns followed:
Beach Access – Madskill could be involved with beach access issues, but the idea behind the company is to create a community service effort to come up with solutions together with the community.
1) Grant for English Language Teaching – The U.S. Department of State awarded HPU a $472,000 grant to develop English language teaching materials for use overseas and also to host a summer institute in June 2009 for 26 English as a Second/Foreign Language teachers selected from various regions of the world.
2) Global Entrepreneurship Week – HPU, with lead sponsor High Technology Development Corporation, is hosting a weeklong series of events encouraging entrepreneurship from November 17 to 22, 2008. The week includes a wide range of opportunities including invention competitions, networking events, investor feedback sessions, individual school-based activities and an entrepreneurship summit. Events will be held at various downtown locations and the windward Hawaii Loa campus. For more information and a complete list of events, visit www.gewhawaii.org or call the
PRESENTATIONS [1]:
Wedding Permits Rules Procedures – Laura Thielen, Director of the State Department of Land and Natural Resources (DLNR), circulated handouts and summarized the following information:
1) Common Complaint – The most common complaint call regards a conflict between different users of the beach and ocean.
2) Unencumbered State Lands – There are certain State lands that are not attributed to any specific department, and these are called unencumbered State lands. These areas are usually intended to remain vacant forever (beaches, etc.), and there are terms and conditions that apply to their use.
3) Commercial Activities on Public Lands – The definitions of commercial activities and related compensation are contained in the Hawaii Administrative Rules (HAR), section 221-2. HAR section 221-35 requires that anyone engaging in commercial activities on public lands needs a permit from the board of DLNR.
4) Permits Not Always Issued – As an example of permits not being automatically issued, DLNR normally doesn't give any permits to kayaking schools since they use large areas for long periods of time.
5) Weddings Allowed with Permits – DLNR allows weddings because the duration of time necessary is shorter, but there are restrictions. The wedding parties can't tell anyone else to move, since it's public property, and they must limit the number of items, such as chairs, tents, altars, etc.
6) Statewide Film Permit – There is a difference in the rules if the bride and groom are only taking wedding pictures, and not holding the actual ceremony on public lands. There is a statewide film permit that was enacted when
Questions, comments and concerns followed:
1) Routine Complaints in Lanikai – The Board receives routine complaints about weddings and other commercial activities in Lanikai; however, as explained to area community associations, the rules don't allow these activities to be prohibited at this time. One of the problems is that most Lanikai complaints involve photos only, and the statewide film permit covers those activities.
2) Maui Agreements – On
3) New Permitting System – DLNR's new online permitting system will provide more information and better track the permits for the use of public lands.
4) Conclusions After Investigation – DLNR wants to gather information about all of the issues related to commercial use of public lands before drawing any conclusions, considering amendments to the rules, and prioritizing beaches; this will help to figure out which activities, areas, and days are appropriate. The community will be consulted before any changes are decided.
5) Current Agreement – DLNR is unable to issue penalties for permit violations with the current general agreement; they may only deny the next permit from the same applicant. The agreement prohibits anyone from being moved around in the public area, since it's for everyone to use. DLNR does have the authority to penalize those who conduct commercial activities without a permit, and the system is being developed. Most commercial entities want to work with DLNR and use public lands legally. The use was unregulated before, and at least the current agreement requires some terms and conditions. State law does not say that businesses can't access public lands just like a resident – only behavior may be regulated.
6) Wedding Issues – It's not so much the weddings themselves, it's the associated commercial activities, such as the limousines, etc., making streets unsafe and blocking bicycle lanes, endangering motorists, pedestrians and bicyclists.
7) Review Process and Monitoring – It was suggested that DLNR have a review process for the permits they issue for commercial use of public lands. DLNR should be monitoring public lands for commercial users so that neighbors don't have to ask to see permits.
8) Business Activity in Residential Areas – It's felt that many residential communities are experiencing too much business activity, and it was recommended to disallow any permits for business activities in residential areas, especially an area like Lanikai that has no facilities or parking lots. The rules would have to be amended to disallow business activities on public lands in residential areas. Certain areas are banned from use due to historic preservation laws.
9) Website – Ms. Thielen will give contact information to the Board so that people may call or register concerns with the website, so that information may easily be collected from residents.
10) Agency Coordination – When DLNR issues a permit, it was proposed that they inform all affected agencies.
11) County and State Rules – Each county has its own rules regarding parks. Some counties require permits to have commercial activities in county parks, but some don't. Disregarding the small portions of beaches that may be privately owned, a general rule is that if feet are in the sand, then it's State land and the State has jurisdiction over it. The State law indicates that the boundary lines change with tides, erosion, and vegetation, which is why the general rule of "feet in sand" exists.
12) Statewide Film Permit – Photographers apply for the statewide film permit annually; they are notified that they will be responsible if they go further than picture-taking into commercial activities. This permit should undergo periodic review and monitoring, if it doesn't already; Ms. Thielen will follow up.
13) Parking Issues – It was stressed that DLNR should assess the parking situation of an area before issuing any permits; however, the rules don't allow DLNR to withhold any permits on that basis.
14) Bureaucracy and Residential Rights – The opinion was expressed that the State shouldn't be charging fees for beach weddings and forcing people to read legal documents before using public lands. However, DLNR feels that commercial activities have to respect residential rights to beaches, leaving the beaches clean and not monopolizing them, and DLNR is required to charge a minimum fee of $20, which goes to the general fund. Giving businesses the ability to use a public resource to market themselves should also come with requirements to keep
15) Permit Enforcement – The Division of Conservation and Resources Enforcement (DOCARE) works with the Land Division to complete periodic checks and respond to complaints.
16) Possible Permit Violations – Two vans were spotted at the Pali Heiau providing "Ghost Tours". In addition, the Hawaii Prince Hotel was supposed to provide a certain number of parking stalls for those that use the
Lanikai Fishery Management Area – DLNR Director Laura Thielen distributed a map and specified the following:
1) Aquatics Division – DLNR's Aquatics Division, which handles fishery management areas, was unaware of this proposal to create a Lanikai Fishery Management Area when Ms. Thielen contacted them, so she was unable to bring more information with her to the meeting.
2) "Aquarium" Fishing – The State legislature requested that DLNR look at "aquarium" fishing (involving the capture and export of reef fish) and the rules that pertain to it.
3) Fishery Management Areas – There is currently only one fishery management area, in west
4) Regulations – Regulations are being considered to handle different considerations.
5) Community's Opinion – The community should decide whether they want to close down the fisheries, keep them open, and/or create new areas.
6) Dock Replacement – DLNR is beginning to replace docks in the
Questions, comments and concerns followed:
1) Origin of Proposal – The proposal for a new fishery management area in Lanikai was from an individual, Dave Smith.
2) "Aquarium" Fishing – People have been witnessed engaging in aquarium fishing in the community, which is an illegal activity.
The Community Issues portion of the agenda was returned to without objection.
COMMUNITY ISSUES AND ANNOUNCEMENTS [2]:
Watershed Management Plans – Guy Nakamoto, a resident of
PRESENTATIONS [2]:
Coqui Frogs – Glenn Sakamoto, from the State Department of Agriculture (HDOA), circulated a handout and presented the following information:
1) Coqui Frogs Found in Community – Four coqui frogs were recovered from the
2) No Further Coqui Frogs Found – Since these captures there have been no further reports or finds of coqui frogs in the
3) Coqui "Calls" – A tape was played of the calls of the coqui frogs; these sounds range from 80 to 90 decibels, which is comparable to the sound level of a lawnmower.
4) Coqui Concerns – The concerns about coqui frogs spreading involve the noise (especially when there are many frogs "calling"), and the environment (eating insects, competing with birds, etc.).
5) Attention to Issue – The Board and community were thanked for bringing attention to the coqui frog issue.
Questions, comments and concerns followed:
1) Issue Previously Raised – The Board brought up the coqui frog issue approximately six years ago, but received no support from government agencies to prevent the problems.
2) Inspections – HDOA should insure that all plant material transferred between islands is inspected. They currently do some inspections and issue certifications, which must be shown to the shipping companies. Certified nurseries inspect themselves and HDOA does biennial inspections of the larger certified nurseries. Upon the realization that there was a spraying protocol in place, Enos retracted her comments made earlier to reporters.
3) Website – For more information, visit HDOA's website at www.hawaii.gov/hdoa.
4) Coqui Hysteria – The question was raised over whether people are too concerned over coqui frogs, resulting in mild hysteria.
5) Community Involvement – HDOA does depend on the community to report sightings of coqui frogs, since there may not be enough inspectors to look at everything.
6) Brown Tree Snake – HDOA is also concerned about the possible importation of the brown tree snake.
7) Preventive Measures – Citric acid may be used to spray plants; the use of baking soda as a preventive was not confirmed. Wear gloves if spraying citric acid and wash off plants after one-half hour. HDOA is working with the nurseries and the Superferry to prevent the spread of the frogs/eggs. It was suggested that everyone purchase their plants from reputable shops and visually inspect any plants from
8) How Coqui Frogs Got to Oahu – Every landscaping plant from the Big Island is inspected visually for frogs and bugs; however, it's possible that the inspections missed eggs laid on the plants, or that eggs or frogs were present on the shipping palettes, or that the frogs/eggs came from a self-regulated nursery.
9)
10) Coqui Eggs – It's possible that spraying plants may not kill the coqui eggs; a female coqui frog can lay 35 to 70 eggs every two to three weeks, with a maturation period of two to three weeks.
11) Greenhouse Versus Coqui Frogs – Greenhouse and coqui frogs sound different – the coqui is much louder than the greenhouse. Most of the calls that Mr. Sakamoto's office receives actually concern greenhouse frogs. Go to www.hear.org for more information or to hear the calls of the different frogs.
Enos moved, and Glanstein seconded, that the Kailua Neighborhood Board No. 31 urges the State Department of Agriculture to implement a mandatory spraying protocol of all live plants imported from the Big Island as a first line of defense against a coqui frog infestation of Oahu. Discussion ensued:
1) Support – Wong expressed her support for the motion, and noted that the legislature should try to prevent the spread of coqui frogs. Brooks offered her support, but remarked that the motion may not go far enough; she suggested a quarantine of
2) Opposition – Weinberg voiced concern that the cost of implementing the motion may make the idea impractical/unrealistic. Bratt was opposed to the motion as worded and noted that he didn't want to tell HDOA how to do their job.
Bryant-Hunter arrived at 8:37 p.m. during the above discussion; 15 members present.
The motion that the Kailua Neighborhood Board No. 31 urges the State Department of Agriculture to implement a mandatory spraying protocol of all live plants imported from the Big Island as a first line of defense against a coqui frog infestation of Oahu was ADOPTED 12-3-0 (Aye: Best, Brooks, Bryant-Hunter, Chinen, Corcoran, Enos, Glanstein, Lindgard, Prentiss, Tomasa, Ure, Wong; No: Bratt, Harding, Weinberg).
Board of Water Supply (BWS) Koolaupoko Watershed Management Plan (KWMP) – Barry Usagawa, from the BWS, distributed a handout and detailed the following information:
1) Background – The BWS has begun the development of the district-wide KWMP, which will be used to meet the requirements of preparing a county water use and development plan under the State Water Code and City ordinance. BWS is expanding the KWMP to include a management plan for watershed protection that identifies critical watersheds and develops a list of watershed protection strategies and projects for those watersheds because fresh water is not an infinite resource; its high quality, quantity, and sustainability are essentially linked to the existence of healthy watersheds.
2) Overall Goal – The overall goal of the KWMP is to formulate an environmentally holistic, community-based, and economically viable watershed management plan that will provide a balance between: (a) the preservation and management of Oahu's watersheds; and (b) sustainable ground water and surface water use and development to serve present users and future generations.
3) KWMP Objectives – The plan has five objectives: (a) promote sustainable watersheds; (b) protect and enhance water quality and quantity; (c) protect Native Hawaiian rights and traditional customary practices; (d) facilitate public participation, education, and project implementation; and (e) meet future water demands at reasonable costs.
4) Community Participation – BWS highly encourages community participation. The Board was urged to gather the community together to help to develop strategies.
5) Challenges – The main challenges to implementing the KWMP will be flood control, water development, land management, cultural uses, etc.
6) Island-wide Plans – BWS will develop similar watershed management plans for each of Oahu's eight planning districts through a planning process that will integrate land use and water resource management; the eight areas together will be considered the
7) KWMP Status/Timetable – The BWS is currently identifying the inventory. In January 2009, BWS will begin the consultation and analysis process; this includes contacting organizations, agencies, and individuals who may want to consult on the project, specific to the Koolaupoko area. At the end of 2009, strategies for the project will be developed, and a region-wide working group will be established. When the KWMP is ready to be finalized, the Board will be asked for its support, as was done with Koolauloa and Waianae. After Board support is received, the plan will go to City Council for approval and then on to the State Water Commission.
8) Further Information – For more information, contact George Kuo or Mr. Usagawa at 748-5941 or gkuo@hbws.org.
Questions, comments and concerns followed:
1) Free Water – It was suggested to shut down all water meters on
2) KWMP Progress – The KWMP is not ready to be posted online yet; the idea is to introduce the community to the concept and the process before the project is really begun. As soon as the information is compiled, around January 2009, it will be posted online. The entire plan process will take six to seven years.
3) Further Information – For more information, go to www.boardofwatersupply.org, click on the Water Resources tab, and clink on the links for the watershed management plans for Koolauloa and Waianae.
4) Board Action – The Board will establish a group to get involved with the KWMP process; Mr. Usagawa asserted that he would attend whatever meetings are necessary to accomplish this project.
Bartley arrived at 8:49 p.m. during the above comments; 16 members present.
ELECTED OFFICIALS:
Governor Linda Lingle's Representative – Dr. Morgan Barrett, the Deputy Director of the State Department of Health, circulated the report and mentioned the following:
Questions, comments and concerns followed:
1)
2)
3) Budget Surplus and Shortfall – A year ago, there was a $700 million budget surplus, and now there's almost a $900 million shortfall; the distribution of the surplus was questioned. The State budget is published online, and may be viewed to see how the surplus money was spent.
4) Sustainability – Besides tourism, Gov. Lingle is also looking at more sustainable ways to boost the economy, such as encouraging local leadership, removing obstacles to investment, and expanding energy production (wind, solar, and geothermal power).
5) Tourist Information – It was suggested to provide information in tourist brochures to labeling designated sites (such as bird sanctuaries, religious sites, etc.).
6) Sand Pile Near Buzz's Steakhouse – Across from Buzz’s Steakhouse in
Senator Fred Hemmings – No representative or report present. Chair Prentiss thanked Sen. Hemmings for submitting testimony regarding Bill 6 (relating to Bed and Breakfasts and Transient Vacation Units) to the City Council consistent with the Board's position.
Senator Jill Tokuda – Sen. Tokuda distributed flyers about legislative internships and emphasized the following:
1) Intern with Sen. Tokuda – Sen. Tokuda is seeking a highly motivated Windward Oahu student for her "A Capitol Experience" internship program
2) Senate Reorganization – Sen. Tokuda is the new chair of the Higher Education Committee, which oversees the
Questions, comments and concerns followed:
1) Pay Raises – Attorneys are investigating to see if the legislature can refuse their raises without affecting administration and judiciary raises. One of the goals of the widespread raises was to equalize the pay of department heads. The legislature has not had a pay raise for the last 12 years. During the session, no legislator introduced legislation to refuse the raises. No single legislator may refuse their own raise, since the legislature is treated as a group. Regardless, the situation is being studied. The suggestion was made to donate the raise to charity; Sen. Tokuda does make large donations to community organizations.
2) Senate Reorganization – Sen. Tokuda hopes to serve also on the Education and Housing Committee.
3) Office of Environmental Quality Control (OEQC) – The OEQC had vacancies before the hiring freeze was implemented, and so now may be unable to fill the vacancies.
4) Kawai Nui Marsh – Sen. Tokuda was thanked for her work on the transfer of Kawai Nui Marsh from the City to the State and was urged to ensure that the State takes care of the marsh. Sen. Tokuda commended the City and the State for working together on the transfer and will continue to monitor Kawai Nui Marsh.
5) Testimony to City and State – Each legislator has their own view on testifying before the City Council; for Sen. Tokuda, it’s a “home rule” issue, although she realizes that certain issues (Bed and Breakfasts, etc.) area very important to the community, and plans to consult with
6)
Representative Pono Chong – No representative or report present.
Representative Cynthia Thielen – A representative distributed the report earlier in the meeting.
Representative Chris Lee – Rep. Chris Lee introduced himself and apologized that he was unable to provide contact numbers or email addresses because he hadn't yet been assigned office numbers or email addresses.
Questions, comments and concerns followed:
1) Greater Protections Against Invasive Species – Rep. Lee plans to push for greater protections against invasive species, such as coqui frogs, before the species’ populations are established.
2) Commercial Activities on Beaches – Rep. Lee is also concerned about commercial activities on beaches.
3) Tax Increases – Rep. Lee felt it would be irresponsible of him to pledge to not raise taxes, since he hasn’t yet studied the budget; he indicated that no large increases were planned at this time.
The report of the
AGENCY REPORTS [2]:
1) October 2008 Statistics – There were 0 structure, 1 wildland, 1 rubbish, and 0 vehicle fires; there were 41 medical emergencies, 3 search/rescues, and 7 miscellaneous calls.
2) Fire Safety Tip – This holiday season, consider a fire-resistant, artificial Christmas tree; otherwise, choose a natural tree that’s as fresh as possible, and keep it hydrated and away from any heat source. Decorate with noncombustible materials. Choose only Underwriter’s Laboratory-approved electrical decorations and follow manufacturer’s instructions. Do not overload extension cords. A significant portion of home fires originate in the kitchen, so don’t leave cooking unattended, even for a minute. Keep an ABC-rated fire extinguisher close by and know how to use it. Don’t 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.
Mayor Mufi Hannemann's Representative – Ann Chung, Director of the City Office of Economic Development, offered the following responses to previous questions:
1) Electronic Voting in Neighborhood Board Election – The development and methodology of electronic voting versus paper ballots is under review; the Board’s concerns about holding an entirely paperless election were relayed to the Neighborhood Commission.
2) Need for HPD Unmarked Vehicle – HPD is aware of the need for unmarked vehicles for the District 4 station. The budget does not afford the opportunity to purchase such vehicles. If forfeiture vehicles become available, they may be assigned island-wide, and it’s possible that District 4 may acquire one.
3) Request for Marked Crosswalks on
4) Request for Marked Crosswalks on
5) Updates on Area Parks – Regarding
6) Grant for
Questions, comments and concerns followed:
1)
2)
3) Grant for
4) Rail
5) Mayor Hannemann’s Plans – Mayor Hannemann wants to be the best mayor possible, but doesn’t want to eliminate other options.
6)
Councilmember Barbara Marshall – No representative or report present.
COMMITTEE OF THE MONTH:
Planning, Zoning & Environment Committee (PZE) – The following updates were provided:
1) Bill 6 CD1, Relating to Bed and Breakfasts (B&B) – Bartley reported that the Kuliouou-Kalani Iki Neighborhood Board No. 2 voted unanimously to oppose Bill 6 CD1 at their meeting tonight. Bill 6 has passed second reading, although the majority of testimony was consistent with the Board’s position against Bill 6. The goal of the bill is to take the issue from the Land Use Ordinance, create a section with business regulations, and establish a commission to oversee B&Bs. Everyone was urged to testify against Bill 6.
2) Proposed Zoning Change from P-2 Preservation to I-2 Industrial at Current Green Waste Site in
3)
Harding departed at 9:37 p.m.; 15 members present.
4) Proposed
5) Zoning Variance for
PZE Chair Wong moved, and Best seconded, that 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 circumstance and not the general conditions in the neighborhood; 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 ensued:
a) Support – PZE Chair Wong stated that the Board previously withdrew the motion to oppose the variance because the applicants assured the Board that they would return with a shoreline certification to prove that the lot size was 20,000 square feet, which they did not. Best supported the motion and expressed that two houses are not necessary for the two brothers (applicants); she continued to voice the opinion that the Board was duped since the applicants went before the Lanikai board (of the Lanikai community association) for their approval, which was received since they asserted again that they would provide shoreline certification.
b) Opposition – Ure contributed that the Board is mainly seeking clarification, including information on any revetment, which is classified differently.
The motion that 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 circumstance and not the general conditions in the neighborhood; 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, Best, Brooks, Bryant-Hunter, Chinen, Corcoran, Enos, Glanstein, Lindgard, Prentiss, Tomasa, Wong; No: Bratt, Ure, Weinberg). Chair Prentiss noted the standard procedure of submitting the motion to all appropriate agencies.
BOARD ACTIONS:
Planning, Zoning and Environment Committee (PZE) –
Motion: PZE Chair Wong moved, on behalf of the PZE, that the Kailua Neighborhood Board supports the draft for a proposed bill to amend Chapter 196 Solar water heater system required for new single family residential construction, and Chapter 269 Solar water heater system standards. Discussion ensued:
1) Support – Prentiss offered that the Board could be proactive by supporting this amendment to add other renewable energy technologies to the requirement for solar water heaters for new construction; a goal of the amendment is to move away from the use of oil. PZE Chair Wong remarked that the proposed amendments will take two to three years to pass, not counting implementation, so there will be time to address concerns. Prentiss stressed the benefit of providing homeowners with a home that will generate no electric bills, and shared that his last electric bill was for $300.
2) Opposition – Brooks commented that, if approved, these requirements would add thousands to the construction expense, and supporting the amendment may be premature. Bryant-Hunter can’t support the motion without knowing the status of tax credits that could make the requirements viable for homeowners. Bratt is opposed to this motion until the efficiency of other renewable energy technologies is increased.
3) Tax Credits – Bryant-Hunter questioned the availability of tax credits for renewable energy technologies and noted that the mandate of solar water heaters was accompanied by a substantial tax credit. Prentiss responded that the federal tax credit for solar water heaters was just extended; in addition, the State offers generous credits, but the expiration date is unknown.
4) Renewable Energy Technologies – Bratt conveyed concern that the efficiency of photovoltaic sheets is only 30% to 32%, and he would like to see it increase to 75%; he added that wind farms require 30-foot towers to operate. An audience member relayed that the technology is improving rapidly, but time is needed for mass production; he remarked that next year photovoltaic ink will be available for use with inkjet printers. He continued to say that 80% of
During the above discussion, Chair Prentiss relinquished the gavel to Vice-Chair Chinen.
The motion that the Kailua Neighborhood Board supports the draft for a proposed bill to amend Chapter 196 Solar water heater system required for new single family residential construction, and Chapter 269 Solar water heater system standards was NOT adopted 8-5-2 (Aye: Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Lindgard, Prentiss, Wong; No: Brooks, Enos, Glanstein, Ure, Weinberg; Abstain: Bartley, Tomasa).
Chair Prentiss reclaimed the gavel and resumed presiding over the meeting.
Weinberg departed at 10:02 p.m.; 14 members present.
Neighborhood Assistant (NA) Rachel M. Glanstein departed at 10:03 p.m. Secretary Ure composed the remainder of the minutes.
Chair Prentiss noted there were only four persons remaining in the audience.
Executive Committee / Non-Committee – Chair Prentiss stated he had two motions from the committee and would take them out of order and take the second motion first. Corcoran objected stating on the agenda, the Executive committee motion was to be followed by the non-committee motion, and requested the motions be addressed as they were noticed. Chair Prentiss said he would take the second motion first (the non-committee motion). Corcoran requested the Board vote on taking the agenda out of order. Chair Prentiss asked for a motion to take the agenda out of order and take the second motion (non-committee motion) first.
Bartley moved, and Best seconded, to take the agenda out of order and move the second motion (Non-committee motion) first. Chair Prentiss stated in order to take the second motion first the Board would need to vote and asked for a show of hands. Chair Prentiss stated the motion takes a two-thirds vote, and then asked if the maker of the motion would withdraw the motion to save time.
Bartley and Best withdrew the motion to take the agenda out of order and move the second motion (Non-committee motion) first.
On behalf of the Executive committee, Chair Prentiss introduced the Executive Committee motion: Shall the
1) Legislative Concerns and Support – Corcoran spoke in favor of the motion as the Board has held its January meeting regularly as the opening of the State Legislature needs to be considered. Glanstein agreed with Corcoran and spoke in favor of the motion as the Legislative session opens January 21, 2009 and this Board may need to address issues toward that opening and it is assumed stating the room had already been reserved as there is a standing committee meeting on that date; she stressed the importance of not skipping this Board meeting. Bryant-Hunter added her support of the motion as former Board Chair.
2) Chair's Debate – Corcoran stated that the gavel had not been passed to the Vice-Chair by Prentiss.
3) Availability of Neighborhood Assistant – Ure stated NA Glanstein’s calendar reflected her availability for the January 8, 2009 day for the meeting, but regardless of her availability, the Neighborhood Commission Office (NCO) would be responsible for providing an NA for the meeting. Chair Prentiss supplied that the Board’s NA would not be available so the meeting should be cancelled. Tomasa requested clarification on the availability of an NA for the meeting. Chair Prentiss reiterated that NA Glanstein would not be available; Ure thought she was available, but reminded the Board that it's the NCO's responsibility to provide NAs for regular Board meetings, if the assigned NA is unavailable. Ure displayed NA Glanstein's calendar, which was taken from her and disposed of by Chair Prentiss. Corcoran raised a point of order saying that Chair Prentiss's actions (taking the calendar and disposing of it) comprised a loss of order and decorum. Chair Prentiss did not rule on the point of order, noting his dislike for papers being waved in front of his face.
4) Room Considerations – Corcoran asked if the room would be available for January 8. Tomasa stated she did not have a reservation for the room for the committee as the permits for
5) Other Neighborhood Board Recesses – Chair Prentiss stated that he had checked the website and that 25 of the neighborhood boards would be in recess in December or January; Ure stated that it was premature to state that 25 neighborhood boards would not be meeting in December and January, since not all of the information was available.
The motion to have the Kailua Neighborhood Board reschedule the January 1, 2009 regular board meeting to Thursday, January 8, 2009 was ADOPTED 10-4-0 (Aye: Bartley, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Glanstein, Lindgard, Tomasa, Ure. No: Best, Enos, Prentiss, Wong). The adoption of this motion resulted in the non-committee motion not being considered.
COMMITTEE REPORTS:
Civilian-Military Council (CMC) – CMC Chair Corcoran concurred with Major A. Crouch’s report and reminded information for the base activities can be found at www.mcbh.usmc.mil.
Permitted Interaction Groups (PIGroups) –
Enforcement of B&B and TVUs: No report.
Neighborhood Plan MMVIII: Chinen, Chair, reported that on October 20, 2008 the Neighborhood Plan became effective. The Neighborhood Plan 2008 is in some ways, more restrictive than the sunshine law, especially with quorum issues. There was no meeting of the Neighborhood Commission in October, however a Special meeting will be held November 10, 2008. Discussion followed:
Hard Copies – Glanstein asked when the Neighborhood Plan will be printed and made available to all Board members and when workshops and orientation for Boards and Board Chairs will be given by the NCO concerning the Neighborhood Plan. It needs to be done quickly to prepare Board members to understand the changes in the Neighborhood Plan. When the PIGroup goes to the Neighborhood Commission (NC) meeting the training will be requested immediately. Ure expressed that the paper copy of the plan and training for Boards and Chairs of Boards is a high priority due to the changes in the plan in a number of areas. When this Board asked the NCO for paper copies for its Board members, they were told that the budget would be charged for the 19 copies.
Transportation and Public Works Committee (TPW) – TPW Chair Bratt reported the following updates:
1) Lanikai Traffic Study Request – Over time, two letters have been sent to DTS concerning the request for a renewed study of overall traffic related conditions in the Lanikai area and a response has not been received by the committee, however, Ms. Chung will forward a copy to me tomorrow for that second request.
2) Oahu Bicycle Master Plan (OBMP) – The OBMP workshop was held on October 21, 2008, and the plan reflects at least 15 miles of bike lanes in
3) Traffic and Bicycle Safety – The committee continues to work on and monitor several traffic safety and bicycling issues with the State & City Departments of Transportation and HPD.
4)
5) Lani Huli Parking Structure Concerns – HPD and DTS will report on the concerns over the security in the parking structure at Lani Huli (
6) Other Issues – The committee will continue to address concerns over
7) Next Meeting – Next Meeting: 3rd Thursday, November 20, 2008, from 7-9:00 p.m., Kailua District Park Multi Purpose Room.
Executive Committee – Chair Prentiss the following information (except for the Treasurer's report):
1) Agenda Requirements – December agenda items are due November 24, 2008 to Chair and Secretary from all committees.
2) Bill 6 CD 1 Testimony – City Council Bill 6, DC1 has been sent to committee and the Board and others testified in opposition.
3) Board Activities and Liability – Neighborhood board activities and Board members' potential individual liability will be discussed when the Board members are in possession of paper copies of the Neighborhood Plan.
4) Treasurer's Report – Glanstein stated that although postage has gone up, printing costs have not increased. It has been requested of the NCO to know the number of postal mail recipients. The Board’s Operating budget balance is $1,086.00, Publicity budget balance is $1,876.00 and the Refreshment budget balance remains at $120.00.
5) Conference of Chairs – This item will remain on the committee agenda for further reports.
6) Next Meeting – Next Meeting: 4th Tuesday, November 25, 2008, 8:30 a.m., at Agnes' Bakery-Kailua.
Sustainability and Environment Committee (SEC) – No report.
Government and Community Services Committee (GCS) – GCS Chair Chinen reported:
1) Neighborhood Commission (NC) – The NC had no meeting in October; however, it's known that a new commission member has been appointed, Robert Finley (also Chair of the Waikiki Neighborhood Board No. 9), who filled the expired term left by Kalene Sakamoto. Clara Ching's seat is to be filled in the future as her term has also expired.
2) Next Meeting – Next meeting: 3rd Saturday, November 15, 2008, 10:00 a.m. at Zippy's
Parks and Recreation Committee (PRC) – PRC Chair Ure reported the minutes will reflect the responses from Ann Chung as relates to Parks & Recreation, and that the next meeting would be on the 2nd Thursday, November 13, 2008, 7-9:00 p.m., at Kailua District Park Multi-Purpose Room.
Public Health, Public Safety & Civil Defense Committee (PHPSCD) – PHPSCD Chair Tomasa requested the minutes reflect the committee report that the committee is working on physicians' medical liability reform (with a presentation on the December 4, 2008 agenda), will continue discussion about exploratory efforts to enhance law enforcement for District 4, will continue to examine the CIP budget for emergency shelters, will look for updates on the lead pellets on Kaimalino Beach. The next meeting will be on the 2nd Thursday, November 13, 2008, 7-9:00 p.m., at Kailua District Park Multi-Purpose Room.
ANNOUNCEMENTS: December Agenda items are due November 24, 2008 to Chair and Secretary from all committees for the Board and committee agendas.
ADJOURNMENT: The meeting adjourned at 10:23 p.m.
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Submitted by:
Rachel M. Glanstein
Neighborhood Assistant
and
Linda Ure
Board Secretary