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KAILUA NEIGHBORHOOD BOARD

 

DRAFT REGULAR MEETING MINUTES

THURSDAY, AUGUST 6, 2009

KAILUA RECREATION CENTER

 

 

CALL TO ORDER: Chair Charles Prentiss called the meeting to order at 7:08 p.m., with a quorum of 17 members present. Note – This 19-member Board needs 10 members for a quorum and to take official Board action. Chair Pro Tem Lindgard invited the newly elected Board members to introduce themselves.

 

Members Present – Larry Bartley, Jon Chinen, Shawn Christensen, Jim Corcoran, Virginia Enos (departed at 10:00 p.m.), Derrick Fenske, Catie Fernandez, Debbi Glanstein, Michael Hawes, Knud Lindgard (departed at 10:08 p.m.), Charles "Chuck" Prentiss, Ursula Retherford, Claudine Tomasa, Utey "Tey" Uch, Linda Ure, Ronald "Ron" Weinberg (departed at 9:57 p.m.), Donna Wong.

 

Members Absent – None.

 

Vacancies – There are two (2) Board vacancies in Subdistrict 2; however, due to the wording of a particular section in the Neighborhood Plan (NP), the rules that govern the Neighborhood Boards (NB's), the Board can't fill any vacancies left by the election. The Neighborhood Commission (NC) is working to amend the NP as soon as possible, and then the Board will be able to fill its vacancies.

 

Guests – Captain R. Fallau (Honolulu Fire Department); Lieutenant D. Eber (Honolulu Police Department); Major A. Crouch, Jeff Telling (Marine Corps Base Hawaii – Public Affairs Office); Jiro Sumada (Governor Linda Lingle's Office – State Department of Transportation, Highways Division, Deputy Director); John Chang (Mayor Mufi Hannemann's Office – City Office of Economic Development); Crystale Lopez (Hawaii Pacific University); Ryan Kalama (Kailua Hawaiian Civic Club, President); Tinkle Malama (Paradise Film – Videographer); Kalana Best, Joe Gilman, Maria T. Gorak, Richard Hill, Dave Jennings, Margaret Jennings, Leigh Prentiss, Kurt Sasaoka; Rachel M. Glanstein (Neighborhood Commission Office).

 

ANNOUNCEMENTS:

 

Community Emergency Response Team (CERT) Training – The City Department of Emergency Management (DEM) offers free training to adults in disaster preparedness and forming a CERT in their area. For more information, call Jeff Spencer at 723-8960.

 

ELECTION OF OFFICERS: (This item was continued from July.)

 

Election of Vice Chair – The previous nominees for Vice Chair were Chinen and Bartley. Discussion ensued:

 

1)       Support for Bartley – Bartley expressed his confidence in his ability to fulfill the primary function of a Vice Chair, which is to run the meeting in the absence of the Chair; he works well with Chair Prentiss.

 

2)       Support for Chinen – Chinen successful conducted the January and February meetings this year, and is qualified to again serve as Vice Chair. He worked well with Chair Prentiss in the past year, and officer continuity was recommended. Chinen is familiar with required procedures (in the law and elsewhere).

 

3)       Qualified Candidates – It was reiterated that the Board was fortunate to have two well-qualified candidates for Vice Chair, both experienced in conducting meetings.

 

Chinen received seven (7) votes (Chinen, Corcoran, Glanstein, Lindgard, Uch, Ure, Weinberg); Bartley was ELECTED Vice Chair with 10 votes (Bartley, Christensen, Enos, Fenske, Fernandez, Hawes, Prentiss, Retherford, Tomasa, Wong).

 

Election of Treasurer – The previous nominees for Treasurer were Glanstein and Retherford. Glanstein and Retherford both withdrew their names from nomination; Bartley nominated Fernandez for Treasurer.

 

Fernandez was ELECTED Treasurer by ACCLAMATION, 17-0-0 (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Ure, Weinberg, Wong).

 

APPROVAL OF MINUTES:

 

July 2, 2009 Regular Meeting Minutes – The July 2, 2009 regular meeting minutes were APPROVED AS CIRCULATED by UNANIMOUS CONSENT (17-0-0) (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Ure, Weinberg, Wong).

 

July 14, 2009 Special Meeting Minutes – The July 14, 2009 special meeting minutes were deferred to the next meeting to allow Chair Prentiss time to review the minutes.

 

AGENCY REPORTS:

 

Honolulu Police Department (HPD) – Lieutenant D. Eber distributed the report and highlighted the following:

 

1)       Comparisons – When comparing the statistics from June and July 2009, and statistics from January to July 2008 and January to July 2009, there was an increase of 3% in crime, caused by an increase in unauthorized entries into a motor vehicle (UEMV's).

 

2)       July 2009 Statistics – There were 6 aggravated assault, 12 simple assault, 31 burglary, 7 auto theft recovery, 3 counterfeit/forgery, 7 drugs/narcotics, 10 driving under the influence (DUI), 7 fraud, 5 injured cared for/sick cared for, 4 identity theft, 2 missing person, 9 motor vehicle theft, 1 missing person cancelled, 90 motor vehicle accident, 4 order violation, 25 property damage, 1 rape, 4 robbery, 9 runaway (with 4 cancelled), 3 sex assault, 68 theft, 9 terroristic threatening, 31 UEMV, and 12 warrant arrest cases.

 

Questions, comments, and concerns followed:

 

1)       Pedestrian Accident by the Kailua Post Office – Two days ago, a woman jaywalking from the Macy's parking lot to the Kailua Post Office was struck by a van; the woman is in fair condition.

 

2)       Oneawa Street – Today, in the afternoon, an unattended vehicle rolled into a utility pole on Oneawa Street, causing traffic congestion and emergency responses.

 

3)       Statistical Report – The detailed breakdown of statistics included in the report is done specifically for the Board, and the report also includes maps of each police beat in the area, and their statistics.

 

Honolulu Fire Department (HFD) – Captain R. Fallau provided the following information:

 

1)       July 2009 Statistics – There was 1 structure, 5 wildland, 6 rubbish, and 2 vehicle fires, 95 medical, 14 search/rescues, and 18 miscellaneous calls for service.

 

2)       Fire Safety Tip – Some fires are allowed under State and City regulations; however, most fires investigated are unauthorized. If a fire is unauthorized, the Fire Captain will require that the fire be extinguished. If the fire is authorized, the Captain must determine if the fire is safe and properly contained, and not a nuisance to others. Unauthorized fires may include bonfires on public beaches, burning of household refuse, and burning of yard waste; authorized fires may include cooking fires (barbeque, grill, imu) and bathing fires. For more information, and between 10 and 20 minutes before lighting an authorized fire, call HFD's Fire Communication Center at 523-4411.

 

Questions, comments, and concerns followed:

 

1)       Clearing Brush – When clearing brush on open land, it is unacceptable to burn the brush, and no permits will be given for this activity.

 

2)       Kayak Incidents – Capt. Fallau will follow up on the June incident involving kayaks around the Mokulua Islands; it was noted that HFD reports six to 10 kayak incidents per month. The logbooks would need to be consulted to discover how many search/rescues pertain to kayaks. Most kayak incidents involve tourists.

 

3)       Emergency Response Time – Comments were made that emergency response time should be within 20 minutes to assist with heart attacks. Kailua has an elderly and aging population and emergency response coverage, and rotation to ensure that coverage, is necessary. HFD's average response time to an emergency is three to five minutes, and there are three fire stations in the Kailua area. HFD responders often stabilize the person in need until an ambulance arrives. HFD does not know the average response time of ambulances, which are under the jurisdiction of the City Emergency Medical Services (EMS).

 

4)       Fire Station Yardwork – HFD is one of the few (or only) public agencies that does its own yardwork. The Lani-Kailua Outdoor Circle (LKOC) reported that their trees are not receiving adequate care; however, HFD's first priority is to respond to emergency calls, and the firefighters do what they can.

 

Marine Corps Base Hawaii (MCBH) – Major A. Crouch, from the MCBH Public Affairs Office, relayed the following:

 

1)       Air Field Hours of Operation – The hours of operation are: (a) Monday through Thursday, 7:00 a.m. to midnight; (b) Friday, 7:00 a.m. to 10:00 p.m.; (c) Saturday, 8:00 a.m. to 5:00 p.m.; and (d) Sundays and holidays, closed. The exceptions are: (a) August 6, open until midnight; (b) August 7, open 7:00 a.m. through midnight August 10; (c) August 14, open 4:30 a.m. until 9:30 a.m. (closed afterward for repair during BayFest); and (d) August 22, open 7:00 a.m. to 7:00 p.m.

 

2)       Recent/Upcoming Events – The following upcoming events were detailed: (a) MCBH is preparing for Hurricane Felicia; (b) August 13 to 20 – 20th Anniversary of BayFest, featuring Filter and the Black Eyed Peas, fireworks, carnival rides, and more; (c) August 18 – Windward Civilian Military meeting, 12:00 p.m. at the MCBH Officers' Club (Corcoran's attendance at the meetings was noted and appreciated); and (d) September 12 to 14 – Kuau Rockin' Surf Competition (open to the public).

 

3)       Deployments and Homecomings – Deployed are the Marine Heavy Helicopter Squadron (MHHS) 463, 3rd Marine Regiment HQ, 2nd Battalion 3rd Regiment, and other detachments and augmentees. The remainder of MHHS 362 is expected to return from their deployment to Iraq and Afghanistan later this month, along with the 3rd Battalion 3rd Regiment.

 

4)       Soldier Slain – One soldier was killed in action in Afghanistan; more information will be available in the newspapers tomorrow (August 7, 2009).

 

5)       History of the 3rd Radio Battalion – In June 1943, the 3rd Radio Intelligence Platoon was formed and took part in the Battles of Kwajalein Atoll and Okinawa, and was deactivated in 1946. The platoon was reactivated as the 3rd Radio Battalion in July 2003 on MCBH. Platoons from the battalion have deployed to Iraq in support of Operation Iraqi Freedom III. They received the 2007-2008 National Security Agency Director's Trophy for their outstanding contributions. They currently have detachments deployed to the Philippines and Afghanistan.

 

Questions, comments, and concerns followed:

 

1)       Threat Level – Oahu's threat level hasn't changed; Maj. Crouch is not authorized to give further information.

 

2)       Ewa Field – The USMC has not taken a position on the disposition of Ewa Field; although it's a former USMC site, it's not part of MCBH, and so is outside of the USMC realm.

 

3)       Kuau Rockin' Surf Competition – Sign up for the surf competition at www.mcbh.usmc.mil. The event will also have recreational and fitness activities.

 

4)       Notice of Training Operations – MCBH was encouraged to warn its neighbors about training operations, to avoid misunderstandings or panic. Marines also conduct exercises at the Bellow's Beach training area, and there should be no live fire during these training operations.

 

5)       Bellow's Beach Reopening – It appears beachgoers are respecting the new and enforced rules at Bellow's Beach. Boulders were installed on the makai side of the road to prevent vehicles from parking there. There are currently 50 camping sites, and they are looking into a possible increase or decrease of sites to sustain the beach as a recreation area.

 

RESIDENT AND COMMUNITY CONCERNS:

 

Maintenance of Unimproved Sidewalk Areas – A resident near Kalama Beach Club tried to maintain the unimproved sidewalk area fronting his property (as required by City ordinance) by adding soil, but was told he couldn't install stakes or tape to block off the area. However, the constant illegal parking of vehicles in the unimproved sidewalk area prevents the area from being maintained. Any solutions were requested.

 

Keolu Skatepark – A movie was filmed at the park, and the director painted graffiti onto the concrete walls, which was not allowed with the permit granted; however, the movie crew did restore the walls to better than their previous condition by painting out all of the graffiti. It seems as though the facilities are not being maintained, graffiti is out of control, and the restrooms are filthy and need regular checks. This may set a bad example for the students attending the nearby school. A solution offered was to reduce the size of the back wall to the skatepark to remove the canvas for graffiti artists. There is also illegal activity at the park, including drug dealing and usage.

 

Questions, comments, and concerns followed:

 

Parks and Recreation Committee (PR) – PR Chair Christensen met with City Department of Parks and Recreation (DPR) personnel on the issue, and he will continue to follow up. Chair Prentiss referred the Keolu Skatepark issue to the Parks and Recreation Committee (PR).

 

Kanapuu Drive Ungoverned – Kanapuu Drive seems to be an ungoverned space in that residents are not receiving timely assistance from HPD when they call for help. Usually by the time officers respond, it's far too late to help.

 

HPD Statistical Analysis – A resident requested a more in-depth analysis from HPD regarding the statistics.

 

Animals in Industrial Park – A resident noted the problem of people shooting cats and pigs in the industrial park area. One solution to the overabundance of cats is to implement a spay/neuter/release program.

 

Hawaii Pacific University (HPU) – Crystale Lopez, from HPU, presented the following updates:

 

1)       Hawaii Loa Campus Expansion – The architects, Group 70, will be refining the preliminary architectural drawings this coming year, and begin briefing, in general, various State and City offices to lay the groundwork for future discussions. Next year will be devoted to this and fundraising. When HPU and Group 70 begin developing more detailed planning, there will be briefings for community groups, but that is not expected for a year or more.

 

2)       Campus Security – Rick Murray has been promoted from Security Coordinator to Associate Director of Safety and Security. He will be responsible for the day-to-day security of the HPU downtown campus and the windward Hawaii Loa Campus.

 

3)       Master's Degree  in Social Work – The HPU Master of Social Work (MSW) degree program has been granted accreditation by the Council on Social Work Education (CSWE), and the MSW now joins the Bachelor of Social Work (BSW) as an accredited program.

 

4)       Fall Semester 2009 – The 2009 Fall semester at HPU begins on Tuesday, September 8, 2009.

 

Questions, comments, and concerns followed:

 

Campus Expansion – It was requested that drawings be shared with the Planning, Zoning and Environment Committee (PZE) Chair Wong. Ms. Lopez will follow up on the State designation (not City zoning) of the land allocated for expansion. An Environmental Impact Statement (EIS) will be done as plans progress.

 

Queen's Retreat in Maunawili – Ryan Kalama, President of the Kailua Hawaiian Civic Club (KHCC), imparted his concern about the poor condition of Queen's Retreat in Maunawili on the Weinberg/HRT property, with the graffiti and overgrowth. KHCC applied for a grant to allow them to take ownership of and restore the property, and would like to work together with other community groups, including the Board, for historical preservation.

 

Questions, comments, and concerns followed:

 

1)       Kailua Hawaiian Civic Club (KHCC) – For more information, visit www.kailuahawaiiancivicclub.com. KHCC is open to all community members, not just Hawaiians.

 

2)       Owners – The owners are Weinberg/HRT, and it's located near the Maunawili Estates Community Association (MECA); it was the owners who contacted KHCC for their help. The owners offered to sell 10 acres for $11 million, and wanted KHCC to put up $400,000.

 

3)       Planning, Zoning and Environment Committee (PZE) – Chair Prentiss referred the Queen's Retreat issue to Planning, Zoning and Environment Committee (PZE).

 

ELECTED OFFICIALS:

 

U.S. Congresswoman Mazie Hirono (Quarterly) – A report is anticipated for the September 2009 meeting.

 

Governor Linda Lingle's Office – Jiro Sumada, the Deputy Director of the Highways Division of the State Department of Transportation (DOT), provided the following information:

 

Hawaii SuperFerry – Regarding harbor improvements, it was questioned if the $40 million invested by DOT in the harbors would be sufficient to operate another ferry system in Hawaii. An existing vessel not designed to work with the barges (as the SuperFerry was) would most likely not make use of them. The ferry terminal at Pier 19 in Honolulu and the spaces set aside for ferry operations in other ports would still be available to other ferry operators. If a ferry operator chose to construct a new vessel, it could design the vessel to work with the existing barges and ramp. The SuperFerry EIS, which was being performed pursuant to the Hawaii Supreme Court's 2007 decision, is on hold for the time being. SuperFerry is in bankruptcy and it has abandoned its interest in the vessels for the purpose of the bankruptcy court's jurisdiction. As any EIS must account for the vessels' configuration and operations, DOT Harbors is awaiting definitive information regarding the ramp on the Alakai and to what extent it would be used in Hawaii versus the barges, whether a ramp will be installed on the Huakai and whether the vessels will return to Hawaii. In light of the preceding, and given the current state of the economy and the cost of preparing a final EIS, DOT Harbors has elected to put the SuperFerry-specific EIS on hold.

 

Questions, comments, and concerns followed:

 

1)       SuperFerry Environmental Impact Statement (EIS) – Unless the same vessels used for the SuperFerry return, there will be no need for that particular EIS to be completed.

 

2)       Bankruptcy – It was questioned if SuperFerry filed for bankruptcy protection or reorganization.

 

3)       Gambling Losses Not Deductible – A question was raised as to why Gov. Lingle signed a recent bill to prohibit the deduction of gambling losses from gains.

 

Mayor Mufi Hannemann's Office – John Chang, from the City Office of Economic Development (OED), circulated the newsletter and offered the following responses to previous questions:

 

1)       Kailua Boat Ramp Disrepair – DPR has requested the City Department of Design and Construction (DDC) to inspect the ramp and provide a recommendation regarding the repairs needed. DDC is arranging the inspection and will be forwarding their findings to DPR for further action.

 

2)       Maluniu Avenue Rehabilitation – The work requested for the pedestrian walkway rehabilitation is beyond the scope of the project; the contract includes only road paving. The request for a new sidewalk needs to be addressed through an Improvement District process (involving cost-sharing with property owners).

 

3)       Kuulei Road Sidewalks – A report will be given at the September 2009 meeting.

 

4)       Kayak Launching Signs at Kailua Beach Park (KBP) – A report will be given in September 2009.

 

5)       Ambulance Destinations – EMS transportation policies are developed by the State Department of Health (DOH), Emergency Medical Services Branch. These policies are implemented by EMS as directives to guide paramedics in their delivery of EMS service on Oahu. The situation previously described falls within the parameters of these Transportation Guidelines and medical practice. The medical component of the paramedic’s activity falls under the guidance of a doctor. The doctors who actively take medical responsibility of the patient that the paramedics are managing are the EMS physicians who are on duty at the time that the case is taking place. Because these doctors are ultimately and legally responsible for the patients that the paramedics manage, the patients may not be transported to medical clinics, but are required to be transported to the nearest hospital emergency department. In the past, most hospital organizations' billing departments understood this policy and were accommodating to their patients.

 

6)       Kailua District Park (KDP) Pool – The summer hires enabled the KDP Pool to stabilize pool hours and is now open six of seven days each week. DPR has not accommodated all of the requested pool times by private clubs, i.e. Aulea Swim Club, Kailua Masters Swim Club, because of their impacts on public programs and free swim. Every hour that the pool is opened for permitted swim club use equals an hour less that is available for public free swim or children’s learn to swim classes. The pool is very heavily used and the majority of the users have been accommodated. The Kailua Pool is a recreational pool, whose mission is first and foremost to service the general public. The Kailua Complex Supervisor looks forward to a dialogue with the leadership of the swim clubs to create a win-win for the clubs and the general public within the operational rules.

 

Questions, comments, and concerns followed:

 

1)       Mr. Chang's Position – Mr. Chang works for the International Relations section of OED.

 

2)       Kailua Boat Ramp Inspection – The Board has been concerned about the Kailua boat ramp for the past 10 years, and is grateful that the inspection will now be done.

 

3)       Ambulance Destinations – There was disagreement with the EMS requirement to take ambulance patients to a full-fledged emergency room, and it was alleged that Castle Medical Center has a monopoly in the area. It was felt that patients should be able to choose their ambulance destination.

 

4)       Windward Satellite City Halls – It was inquired if there will be any reduction in staff or services for the three Satellite City Halls on the Windward side; Mr. Chang will follow up.

 

Senator Fred Hemmings, Senator Jill Tokuda, Representative Pono Chong, Representative Cynthia Thielen – No representatives or reports present.

 

Representative Chris Lee – Rep. Lee's report was available.

 

Councilmember Ikaika Anderson – Neighborhood Assistant (NA) Rachel M. Glanstein distributed the report.

 

PRESENTATIONS:

 

Marine Corps Base Hawaii (MCBH) Aviation Presentation – Maj. Crouch communicated the following information from his PowerPoint presentation:

 

1)       Neighborhood Board (NB) Presentations – This presentation has now been shown to four out of the five affected NB's, including Kailua; the Waimanalo NB No. 32 will hear the presentation next month.

 

2)       Marine Corp Air Station (MCAS) Kaneohe Bay – The MCAS had 59,418 mishap-free flight operations in calendar year 2008, is staffed by 135 active duty marines, 44 Sailors and 22 civilian employees, provides supportive airfield services, as well as transient unit and Allied Nation operations. MCBH is available for any and all emergency landings of aircrafts whether or not they are in practice mode or not, and the military works closely with the aircraft controllers at the Honolulu Airport on Oahu for clearance support.

 

3)       Military Aviation on Oahu – MCBH, Marine Corp Air Force Station Kaneohe Bay, Hickam Air Force Base, Schofield Barracks and Wheeler AAF and Training in the TFTA and Bellows. Marines: CH-53D Sea Stallion, used for heavy lifting and troop transport on Oahu, Lanai, Molokai and the Big Island of Hawaii. Navy: C-20 Gulf Stream for long range transport, SH-60 Seahawk used for anti-submarine and surface warfare. P-3 Orion used for maritime patrol, surveillance, search and rescue. Army: CH-47 Chinook for Wheeler AAF training in the Kahuku and Kawailoa training areas and Bellows and PTA for both heavy lift and troop transport. OH-58 Kiowa Warrior used for observation, utility, and direct fire support. UH-60 Blackhawk used for multipurpose troop transport and medevac. Air Force: C-17 Globemaster to move gear and personnel and used for refueling as well. C-5 Galaxy used for moving inventory and personnel. C-17s currently practice short field landings at MCBH during the daytime and at Kalaeloa at night. In the future, there will be a short field for practice in Kona to reduce practices at MCBH.

 

4)       Strategic Deployment and Training Support – U.S. Marine Corps Tactical Air TRANSPAC, Air Force C-5, C-17, F-16 landing capable, Marine Expeditionary Unit training, Blues on the Bay Air Show and Deployment reunions.

 

5)       MCAS at MCBH Kaneohe Bay Engine Run-Up Areas – Aircraft engines are ”run up” to check for fluid leaks and engine pressures after maintenance, for propeller balance before flight, and for efficiency checks.

 

6)       Future Military Aviation on Oahu – RIMPAC every two years, Marine Corps MV-22 Osprey, UH-1Y Huey, AH-1W cobra and CH-535E Super Stallion, Navy P-8A Poseidon, Multi-Mission Maritime Aircraft and Air Force F-22 Raptor.

 

7)       Regulations and Standard Operating Procedures (SOP) – Federal Aviation Administration (FAA) requires not less than (NTL) 500 feet above ground and 500 feet from buildings and boats and NLT 1,000 feet over congested areas, and helicopters man fly lower. MCAS Kaneohe Bay Airport Traffic Area is a Class C airspace, and extends five miles from the control tower up to 2,500 feet. MAG-24 SOP: NLT 1,500 feet outside training area or the landing zone, exceptions of authorized for weather or other hazards.

 

Questions, comments, and concerns followed:

 

1)       Flight Paths – The P3 has four prop engines and will trace the inner track of the flight patterns, and the P8 has two jet engines and will mirror the path of the P3. Canoe-building classes held at Heeia often have to be halted due to the overhead planes; in addition, some planes fly into Haikua and turn around. There are many populated areas in the flight paths, and some felt the paths should be moved further out to sea. The changes in aircraft will not affect the flight paths.

 

2)       Environmental Impact Statements (EIS) – The EIS was done for the P3 in the mid-1990's, and the P8 EIS was posted in January. For the additional new aircraft, EIS's have not been done. Copies of the completed EIS's are posted online. Final EIS's also include public comments as part of the document.

 

3)       Flight Operations – There are two operations counted for each flight, one takeoff and one landing; therefore, the statistic of over 59,000 operations indicates over 29,500 flights.

 

Weddings and Filming in Residential Areas – PZE Chair Wong displayed a PowerPoint presentation and furnished the following information related to parking problems in Lanikai:

 

1)       Committees Working Together – PZE has been working with the Public Health, Public Safety and Civil Defense (PHPSCD) on the issues regarding parking in Lanikai.

 

2)       Lanikai Parking – Cars are parked in Lanikai from sunup to sundown, on every day of the week, on both sides of the road, in bike lanes, and right next to No Parking signs. Parked limousines often protrude into the middle of the street. Residents don't feel that they should have to call to report every illegally parked car, given there are always illegally parked cars in the area.

 

3)       Emergency Response – Emergency responders can't go through areas of Lanikai, due to the sheer number of illegally parked cars blocking access.

 

4)       Zoning – Lanikai is zoned for residential, not commercial use.

 

5)       No Restrooms – There are also no public restrooms in Lanikai. Some people have asked residents to use their restrooms, and some men just urinate on any available bush.

 

6)       Safety – Bicycles must ride in the road, due to the parked cars blocking the bike lanes, and pedestrians also have to walk in the road, causing hazardous conditions. Serious injuries or death are anticipated if nothing is done to alleviate the situation.

 

7)       Public Right-of-Ways – Public right-of-ways in Lanikai are often blocked by commercial kayak renters.

 

Questions, comments, and concerns followed:

 

1)       Every Day Occurrence – It was reiterated that the illegally parked cars happen every day, and it's not just a weekend or holiday occurrence as some think.

 

2)       PowerPoint Equipment – Christensen's friend was thanked for providing equipment to allow the PowerPoint presentation to be given.

 

BOARD BUSINESS:

 

Motion Requested by the Chair – The motion was that the Kailua Neighborhood Board No. 31 confirms the appointment of Kalana Best as a non-voting member of the Public Health, Public Safety and Civil Defense Committee, and Stann Reiziss as a non-voting member of the Planning, Zoning and Environment Committee. Chair Prentiss explained that Kalana Best, who was originally to be appointed as a non-voting member of the Public Health, Public Safety and Civil Defense Committee (PHPSCD), doesn't have the time to serve, and so shouldn't be included in the motion on the agenda to appoint non-voting committee members (the modification was accepted without any objections).

 

Bartley raised a Point of Order that the Chair, not the Board, has the authority to appoint committee members; Chair Prentiss answered that he needs Board approval. Discussion ensued:

 

Committee Membership – It was explained that, although the 2008 Neighborhood Plan (NP) states that committee members do not have to be Board members, it doesn't require the Board to appoint community volunteers to committee membership.

 

Bartley moved that the Kailua Neighborhood Board No. 31 confirms the appointment of Stann Reiziss as a non-voting member of the Planning, Zoning and Environment Committee, which was ADOPTED, 15-1-1 (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Wong; NO: Weinberg; ABSTAIN: Ure).

 

Motion Requested by the Planning, Zoning and Environment Committee (PZE) – PZE Chair Wong moved that the Kailua Neighborhood Board No. 31 strongly urges DLNR (the State Department of Land and Natural Resources) to refrain from issuing wedding permits on public land that is adjacent to residentially zoned areas and where there are no public facilities such as off street parking, restrooms, and adequate refuse disposal. Discussion ensued:

 

1)       Lack of Enforcement – The website of the State Department of Land and Natural Resources (DLNR) encourages tourists to not use Lanikai for weddings on weekends, but there's no enforcement. There are activities every day from 10:00 a.m. on, and limiting weddings to during the week isn't enough to alleviate the situation (but is still appreciated). The problem could be explained as mainly a parking enforcement issue, not merely a wedding issue, but HPD can only ticket when they have time, since issuing tickets to illegally parked vehicles is more of a low priority for officers. When officers ticket the vehicles, they often overlook the illegally parked limousines and the kayaks blocking the public right-of-ways. It was pointed out that the City and State have been promoting Lanikai and Kailua as tourist destinations since 1989, and so should provide some enforcement to serve the residents. It is difficult for HPD officers to approach a wedding party and tell them that they need to leave.

 

2)       Commercial Activity Versus Public Safety – One member felt that everyone has the right do business and that the Board and other government agencies shouldn't have authority over the situation. It was clarified that it's no longer just the commercial activity being objected to, it's the threats to public safety with the prevalence of illegally and dangerously parked vehicles. Some were unsure that stopping weddings in Lanikai would stop enough of the commercial activity, but it's often easier to take one step at a time, and it will be more difficult to control the issuance of film permits than wedding permits. The number of cars parked in Lanikai blocking the roads creates traffic hazards as well. Lanikai residents should also be cognizant that many people dream of being married on the beach. The meaning of residential zoning was questioned, and it was remarked that commercial activity should be prohibited in residential areas.

 

3)       Alternatives – A few alternatives to help ameliorate the parking issues would be to offer parking elsewhere and provide shuttles into Lanikai. Marriages don't have to be allowed in residential beach areas.

 

4)       Cost to Tourists and Residents – Tourists often pay over $8,000 for a wedding package, but pay DLNR only $20 for a permit, while residents become blockaded in their homes. It was repeatedly stressed it's too high of a cost to turn Kailua into a beach town more like Waikiki and California cities.

 

The motion that the Kailua Neighborhood Board No. 31 strongly urges DLNR (the State Department of Land and Natural Resources) to refrain from issuing wedding permits on public land that is adjacent to residentially zoned areas and where there are no public facilities such as off street parking, restrooms, and adequate refuse disposal was ADOPTED, 14-3-0 (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Wong; NO: Glanstein, Ure, Weinberg).

 

Motions Requested by the Government and Community Services Committee (GCS) –

 

Motion 1: GCS Chair Chinen moved that the Government and Community Services Committee (GCS) requests scheduling of a presentation September 3, 2009 on the full Board agenda, State of Hawaii Homeless Population Data by Paul Ruddell of Homeless Alliance (15 minutes – including questions, answers, comments, discussion and action). Discussion ensued –

 

1)       Upcoming Agenda Preparations – The Chair is responsible for preparing the agenda. There are currently two presentations scheduled for the September meeting: (a) one from the National Children's Study, who have been asking since May; and (b) one from the Castle Family Trust, who have been asking since June. Chair Prentiss offered to try to fit the homeless presentation on the October agenda, and Mr. Ruddell previously indicated his availability in either September or October.

 

An amendment to change the date in the motion from September 3 to October 1 was ADOPTED by UNANIMOUS CONSENT (17-0-0) (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Ure, Weinberg, Wong). Discussion continued –

 

2)       Important Issue – Homelessness was felt to be a very important issue, especially with the number of people losing their homes, and the presentation shouldn't be any further delayed.

 

The motion, as amended, that the Government and Community Services Committee (GCS) requests scheduling of a presentation October 1, 2009 on the full Board agenda, State of Hawaii Homeless Population Data by Paul Ruddell of Homeless Alliance (15 minutes – including questions, answers, comments, discussion and action) was ADOPTED UNANIMOUSLY, 17-0-0 (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Ure, Weinberg, Wong).

 

Motion 2: GCS Chair Chinen moved that the Kailua Neighborhood Board No. 31 supports the Neighborhood Commission’s (NC) amendment to the 2008 Neighborhood Plan (NP) concerning filling of vacancies caused by the elections so that these vacancies may be filled by Neighborhood Boards (NB's) from the impacted districts and sub districts. Discussion ensued –

 

1)       Background – The City's Corporation Counsel (COR) stated that NB's are unable to fill post-election vacancies until the wording in the NP relating to filling of vacancies is corrected.

 

2)       Amendment to 2008 Neighborhood Plan (NP) – There was a special meeting of the NC on July 13, 2009, to propose language to amend the NP to fix the problem, which included removing the clause regarding post-election vacancies and adding that NB's may only fill vacancies in their own current terms.

 

3)       Process and Timeline – The timeline for the amendment process includes three public hearings: (a) August 14 at Honolulu Hale; (b) August 15 at Kapolei Hale; and (c) August 15 at Windward Community College (WCC) or Windward City Satellite City Hall (the location is still being deliberated). Following the hearings, the NC can act on the amendment, then COR will review the language, and Mayor Hannemann will sign the amendments into effect. Therefore, the earliest time the NB's will be able to fill their post-election vacancies would most likely be in October.

 

The motion that the Kailua Neighborhood Board No. 31 supports the Neighborhood Commission’s (NC) amendment to the 2008 Neighborhood Plan (NP) concerning filling of vacancies caused by the elections so that these vacancies may be filled by Neighborhood Boards (NB's) from the impacted districts and sub districts was ADOPTED UNANIMOUSLY, 17-0-0 (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Ure, Weinberg, Wong).

 

Motion Requested by Linda Ure –

 

Motion 1: Ure moved, and Weinberg seconded, that the Kailua Neighborhood Board No. 31 shall decide by individual recorded vote, the Committee Chairs of the Standing Committees of the Board to include: Parks and Recreation; Planning, Zoning and Environment; Government & Community Services; Transportation and Public Works; and Public Health, Public Safety and Civil Defense. Discussion ensued –

 

1)       Volunteerism Honored in Past – Board members are elected volunteers and in the past the Board has always appreciated and respected its volunteers.

 

2)       Committee Membership and Leadership – With the exception of one contested committee chairmanship, no Board volunteers were ever refused committee membership; however, the present Chair excluded some Board members from committee membership or leadership, declaring that it was his policy that Board members would be overextended if they wanted to join more than two committees. Most of the past committee chairs appointed had the desire to serve as chairs. The Chair's impartiality in selecting committee members was questioned.

 

3)       Policymaking and Authority – It was felt that it's the Board that should implement policies, not the Chair, and that the Chair should use his policies to bring the Board together, not to separate the members. The NP provides the Chair with authority to appoint committee chairs, unless otherwise directed by the Board. NB Chairs have always appointed committee chairs, and there was only recalled instance in which the Board was asked to choose between two members wishing to serve as the same committee chair.

 

Glanstein raised a Point of Order that the legal language in the NP (relating to committee membership) was in question; Chair Prentiss ruled the Point not well-taken, since no rule was broken. Discussion continued –

 

4)       More Appropriate Motion – One member noted that a more appropriate motion to achieve the stated goal would be to name a desired committee chair and then have the Board vote on it.

 

The motion for the Previous Question (to stop debate and take a vote) was ADOPTED UNANIMOUSLY, 17-0-0 (AYE: Bartley, Chinen, Christensen, Corcoran, Enos, Fenske, Fernandez, Glanstein, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Ure, Weinberg, Wong).

 

The motion that the Kailua Neighborhood Board No. 31 shall decide by individual recorded vote, the Committee Chairs of the Standing Committees of the Board to include: Parks and Recreation; Planning, Zoning and Environment; Government & Community Services; Transportation and Public Works; and Public Health, Public Safety and Civil Defense was NOT adopted, 4-13-0 (AYE: Corcoran, Glanstein, Uch, Weinberg; NO: Bartley, Chinen, Christensen, Enos, Fenske, Fernandez, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Ure, Wong).

 

Motion 2: Ure moved, and Glanstein seconded, that the Kailua Neighborhood Board No. 31 shall decide by individual recorded vote, the Committee Memberships of Standing Committees of the Board to include: Parks and Recreation; Planning, Zoning and Environment; Government & Community Services; Transportation and Public Works; and Public Health, Public Safety and Civil Defense.

 

Bartley raised a Point of Order that the motion would suspend the NP if adopted, and so should be out of order; Chair Prentiss ruled the Point not well-taken, since the NP was silent on how committee members are appointed, but noted the previous custom for the Chair to appoint the members. Discussion ensued –

 

1)       Parliamentary Issues – One member stressed that all of the rules, parliamentary procedure issues, and amount of motions presented may hinder the Board from conducting its business.

 

2)       Committee Membership and Leadership – Chair Prentiss provided committee sign-up sheets, then appointed the committee chairs and members, and some Board members supported this action by the Chair. One member voiced that anyone who wants to join a committee, whether or not a Board member, should be allowed to join as a voting member. Ure signed up for all of the committees, and Chair Prentiss denied Ure the ability to serve on the more than two committees, and removed her as PR Chair, citing his policy of limiting overextension of Board members. Most public bodies don't allow non-members to join their committees, but everyone usually may and are urged attend the committee meetings. It was reiterated that the Chair may not be impartial in selecting committee chairs and membership. Chair Prentiss noted that Ure was inadvertently left off of PR membership, but will be reinstated as a member.

 

3)       Relevant Portions in the 2008 Neighborhood Plan – NA Glanstein explained that the NP provides that the Chair appoints committee chairs, unless otherwise directed by the Board, but that the section on committee membership indicates only that committee members do not have to be Board members, and there's no requirement that the Board allow non-members to join its committees.

 

4)       Volunteerism – It was commented that all Board members are elected volunteers and therefore should be welcomed on committees, and that Board members can decide for themselves how much service they are able to provide.

 

Weinberg departed at 9:57 p.m., during the discussion; 16 members present.

 

The motion that the Kailua Neighborhood Board No. 31 shall decide by individual recorded vote, the Committee Memberships of Standing Committees of the Board to include: Parks and Recreation; Planning, Zoning and Environment; Government & Community Services; Transportation and Public Works; and Public Health, Public Safety and Civil Defense was NOT adopted, 3-13-0 (AYE: Corcoran, Glanstein, Ure; NO: Bartley, Chinen, Christensen, Enos, Fenske, Fernandez, Hawes, Lindgard, Prentiss, Retherford, Tomasa, Uch, Wong).

 

Enos departed at 10:00 p.m., following the vote; 15 members present.

 

Motion 3: Ure moved, and Corcoran seconded, that the Kailua Neighborhood Board No. 31 shall continue the Executive Committee (Established 8-5-04, first meeting 8-23-04) as a Standing Committee of the Board, the officers of the Board shall assist the presiding officer of the Board according to the 2008 Neighborhood Plan, and the presiding officer and other officers of the Board each have one vote. Discussion ensued –

 

1)       Executive Committee (EC) Meetings – Without notice Chair Prentiss canceled the EC meeting in June without informing the members (officers of the Board), and in July, which agenda was properly filed, the Chair did not attend and only Secretary Ure was present. Some felt that the EC should meet at the call of the Chair or the Board, and not necessarily meet every month. It was pointed out that that the EC was a standing committee, not a Permitted Interaction Group (PI Group).

 

2)       History – The EC was established in 2004 because a previous Chair was making agendas without considering any input from other Board members; the original purpose was to assist the Chair to avoid unintentionally leaving items off of the agenda and to ensure compliance with the State's Sunshine Law (Hawaii Revised Statutes, Chapter 92). In conclusion, the EC was created to set the agenda.

 

3)       Working Together – It was generally agreed that the EC should work together. The Board was also requested to work together and focus on serving the public.

 

4)       Agenda Preparation – One committee chair remarked that a committee agenda was changed without her knowledge, and she would not want that to happen again; the response was that the Board Chair is requested by the EC to verify all proposed changes to committee agendas. Should a committee chair fail to submit an agenda in time to the officer preparing the agenda, then an agenda will be submitted for them from their reports. The NP now spells out that the Chair is responsible for the preparation of the agenda, and so there may not be a need for the EC, or the EC may not need to function as much as before. Prior to 2004, there was no EC; however, the Chair and Secretary worked together to prepare and organize the agenda. The Secretary, during most of the past term, prepared the draft agenda for the Chair to finalize.

 

5)       Dissolution – The EC has not been officially dissolved, and there have been no suggestions for dissolution. As a standing committee, EC continues its existence until the Board decides by vote to dissolve it.

 

6)       Committee Meetings – It was reported that Chair Prentiss cancelled committee meetings without notice. It was alleged that the Board voted at the July 14, 2009 special meeting to have the EC meet at the call of the Chair or the Board.

 

Lindgard departed at 10:08 p.m., during the discussion; 14 members present.

 

During the debate, Christensen raised a Point of Order that certain comments offered weren't germane to the motion; Chair Prentiss did not rule on the Point of Order. Discussion continued –

 

7)       Motion May Be Unnecessary – Some viewed the motion as unnecessary, since: (a) if adopted, it would confirm action that should already be happening; and (b) if not adopted, EC would not be dissolved.

 

The motion that the Kailua Neighborhood Board No. 31 shall continue the Executive Committee (Established 8-5-04, first meeting 8-23-04) as a Standing Committee of the Board, the officers of the Board shall assist the presiding officer of the Board according to the 2008 Neighborhood Plan, and the presiding officer and other officers of the Board each have one vote was NOT adopted, 3-9-2 (AYE: Corcoran, Glanstein, Ure; NO: Bartley, Christensen, Fernandez, Hawes, Prentiss, Retherford, Tomasa, Uch, Wong; ABSTAIN: Chinen, Fenske).

 

Motion 4: The motion that the Kailua Neighborhood Board requests the City Department of Transportation Services (DS) and Oahu Transit Services, Inc. (TheBus) to realign the Number 70 Bus route to continue on Lunaai Street and turn left at Lunanela Street and right at Lunaahelu Street to allow the upper portion of Maunawili Valley Park Residential area access to bus service in compliance bus stops every one-fourth mile standard criteria was WITHDRAWN by the maker of the motion (before it was offered).

 

NA Glanstein departed at 10:15 p.m.; Secretary Ure composed the remainder of the minutes.

 

COMMITTEE REPORTS:

 

Public Health, Public Safety and Civil Defense (PHPSCD) – PHPSCD Chair Tomasa reported:

 

1)       The Committee continues to monitor several community issues and working with affected residents, government agencies, elected officials, and working jointly with PZE to address the Kaiolena Drive/Lanikai parking violations by commercial wedding/photography business as presented earlier in the meeting.

2)       The community and the owners of the Shack have come together for a resolution for the issues.

3)       Next meeting – 2nd Thursday, August 13, 2009, 7:00-8:00 p.m., Kailua District Park, Multi-Purpose Room or Arts & Crafts Room.

 

Executive Committee (EC) – Secretary Ure reported that minutes of the July committee meeting may be found on the Board’s webpage.

 

Government and Community Services (GCS) – GCS Chair Chinen reported:

 

1)       The NP Public Hearing will be attended and the Board’s position submitted as testimony.

2)       City Clerk Office – Impacts to Kailua may include Enchanted Lake, Windward City Ahopping Center, Windward Mall, Hauula. Will there be an interruption of service, closures, or closed on Fridays?

3)       City Charter 2006 Supplement & 2007-9 Amendments – Redistricting: Resolution 09-156 Initiating Amendments To The Revised Charter Of The City And County Of Honolulu 1973, As Amended, To Increase The Number Of Council Districts (Charles Djou) From 9 to 11 Seats, Two New Seats Would Be “At-Large”; Honolulu Is 49th In Population, 11th In Landmass.

4)       Bills and Resolutions – Bill 42 is still in Executive Affairs Committee, and although “stuck”, the bill has a one year shelf life.  Bill 8 has been extended and caution was expressed should a new bill number be assigned.

5)       Neighborhood Commission (NC) – Committee Chair’s Report on July 7, 2009 meeting is in the reading file and was sent to all Board members. The NC new chair is Brendan Bailey and the Vice Chair is Sylvia Young. Two outstanding complaints from 2004 were sustained by findings of fact on July 27, 2009.

6)       Ure reported that minutes of the July committee meeting may be found on the Board’s webpage.

7)       Next Meeting – 3rd Saturday, August 15, 2009, 10:00 a.m. at Zippy's Kailua, 44 Oneawa Street.

 

Planning, Zoning and Environment (PZE) – PZE Chair Wong reported (except for item no. 1):

 

1)       Bartley reported that Bill 8 could become another draft which constitutes a new number (CD1, CD2, etc. and extends its life.

2)       The Ko’olaupoko Sustainable Communities Plan (KPSCP) has been contracted.

3)       The Hui O Ko’olaupoko non-point pollution demonstration project (swales) on City property near Buzz's by volunteers will hold a meeting August 26, at 5:30 p.m.

4)       Next meeting – 3rd Tuesday, August 18, 2009, 7:00 p.m. at Kalama Beach Park (Boettcher Estate).

                 

Transportation and Public Works (TPW) – Board Chair Prentiss reported:

 

1)       The committee will be further addressing the commercial traffic and parking problems in Lanikai.

2)       The committee is waiting for a further response from the City Department of Transportation Services (DTS) on requests for speed abatement devices on Kaha Street and Wanaao Road.

3)       Another petition is expected from residents of Kainui Drive for speed abatement devices.

4)       Next meeting – 2nd Thursday, August 13, 2009, 8:00-9:00 p.m., at Kailua District Park Multi Purpose Room or Arts & Crafts Room.

 

Parks and Recreation (PR) – PR Chair Christensen reported:

 

1)       Swim team use of Recreation Center swimming pool; Christensen meet with Stephanie Araki for two hours on issue. No additional hours for swim team use were secured as the pool is a public pool by priority.

2)       Repair of Gym Building – The City Department of Design and Construction (DDC) and DPR state it will take another year to complete the repairs to the gym roof at Kailua District Park.

3)       Missing swim buoys at Kailua Beach Park are replaced as the Occupational Health and Safety Act (OSHA) certified contractor has been retained by DLNR. It appears the buoys are purposefully being removed.

4)       Christensen met with DPR Director Lester Chang to bring PR issues forward.

5)       Ure reported that minutes of the July committee meeting may be found on the Board’s webpage.

6)       Next meeting – 3rd Thursday, August 20, 2009, 7:00 p.m., at Kailua District Park Multi Purpose Room or Arts & Crafts Room.

 

Chair's Report – Chair Prentiss reported:

 

1)       Committee agendas are due to the Chair by August 23, 2009.

2)       Board vacancies may be filled at October Board meeting.

3)       Treasurers report – no report given.

4)       August Executive Committee meeting is in recess.

 

Permitted Interaction Groups –

 

Enforcement of B&B's and TVU's: Chair Prentiss had no report.

 

Civilian-Military Council (CMC): CMC Chair Corcoran reported:

 

1)       The presentation by MCBH this evening addressed areas outside of the Kailua NB area.

2)       Corcoran asked to be reappointed as delegate to the Civilian-Military Council (CMC).

3)       Chair Prentiss reappointed Corcoran as CMC delegate and his name will appear on the next agenda as delegate.

 

ADJOURNMENT: The meeting adjourned at 10:30 p.m.

 

 

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Submitted by:

 

Rachel M. Glanstein, Neighborhood Assistant, and

Linda Ure, Secretary

 

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Reviewed by:

 

Charles Prentiss, Chair

 

Friday, August 28, 2009

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