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KAILUA NEIGHBORHOOD BOARD

 

DRAFT REGULAR MEETING MINUTES

THURSDAY, FEBRUARY 5, 2009

KAILUA RECREATION CENTER

 

 

CALL TO ORDER: Chair Charles Prentiss called the meeting to order at 7:06 p.m., with a quorum of 16 members present. Note – This 19-member Board requires 10 members for a quorum and to take official Board action.

 

MEMBERS PRESENT: Larry Bartley, Kalana Best, Michele Brooks, Kathy Bryant-Hunter, Jon Chinen, Shawn Christensen, Jim Corcoran, Michael Correa, Virginia Enos, Catie Fernandez (appointed at this meeting), Debbi Glanstein, Knud Lindgard, Charles Prentiss (left at 8:30 p.m.), Claudine Tomasa, Linda Ure, Ronald Weinberg, Donna Wong.

 

MEMBERS ABSENT: Richard Bratt, Ursula Retherford (appointed at this meeting in absentia).

 

VACANCIES: There were two vacancies on this Board and both were filled at this meeting.

 

GUESTS: Capt. C. Mayural (Honolulu Fire Department); Lt. D. Eber, Officer M. Thompson (Honolulu Police Department); Sgt. B. Tuthill (Marine Corps Base Hawaii – Public Affairs Office); Crystale Lopez (Hawaii Pacific University); Bob Bourke; Senator Jill Tokuda; Janine Tully (Representative Pono Chong’s Office); John Foster (Representative Cynthia Thielen's Office); Representative Chris Lee; John Chang (Mayor Mufi Hannemann’s Office); Paul Ruddell (American Holistic Health Association); Virginia Bisho, Alvina Kubo (City Department of Transportation Services); K. Michael (Federal Emergency Management Agency); Tinkle Malama (Paradise Film); Kevin Wynne (U. S. Small Business Administration); Dr. Morgan Barrett, Reverend Ricky Bermudez, Derrick Fenske, Joe Gilman, Maria T. Gorak, Michael Hawes, Orin Johnson, A.P. Locricchio, Johnathan Molloy, Tom Pico, Jr., Stann Reiziss, Bob Retherford, Kurt Sasaoka, J. Tanouye, Glenn Uyeshiro, Mary Zaryakis; Rachel M. Glanstein (Neighborhood Commission Office).

 

FILLING OF TWO VACANCIES:

 

Subdistrict 1 (Kalaheo Avenue, Lanikai, Kailua Beach, Kaimalino) – Michael Hawes introduced himself to the Board; he related his move from Oregon, his fondness for Kailua and its schools, his sense of community, his desire to keep Kailua safe, and his background in construction and education. Bob Retherford introduced his wife, Ursula Retherford, to the Board (she couldn’t attend due to surgery); he imparted her origins in Switzerland and her principles of land stewardship, her studies in sociology, her 35-year residence on Kainalu Drive, and her life experience and community involvement.

 

Best nominated Michael Hawes to fill the vacancy in Subdistrict 1, and noted her desire to encourage people to come forward at meetings in a similar manner. Wong nominated Ursula Retherford to fill the vacancy in Subdistrict 1, and noted Mrs. Retherford’s community and legislative activities. Discussion ensued:

 

1)       Backgrounds Helpful – It was suggested that a background in construction may be helpful to the Board.

 

2)       Important Issues – Mr. Hawes's most important issue is the erosion at Kailua Beach Park. Mrs. Retherford's most important issue is the fight against Bed and Breakfasts (B&B) and Transient Vacation Units (TVU).

 

3)       Contested Race – It was felt that the Board was fortunate to have more than one volunteer come forward to fill a Board vacancy.

 

Michael Hawes received three (3) votes (Chinen, Lindgard, Weinberg) and Ursula Retherford received 13 votes (Bartley, Best, Brooks, Bryant-Hunter, Christensen, Corcoran, Correa, Enos, Glanstein, Prentiss, Tomasa, Ure, Wong); Ursula Retherford was APPOINTED to FILL THE VACANCY IN SUBDISTRICT 1 (13-1).

 

Subdistrict 4 (Coconut Grove, Aikahi, Kailua Town, Kalaheo Hills) – Catie Fernandez introduced herself to the Board; she related her occupation as a land use planner with a private consulting firm, her move from Oregon, and her attendance at past Board meetings. Tom Pico, Jr. introduced himself to the Board; he conveyed his off and on residence in Kailua for the past 30 to 40 years, including graduation from Kailua High School, and his occupation as a staff health attorney for the State Department of Commerce and Consumer Affairs (DCCA). Derrick Fenske imparted introduced himself to the Board; he imparted his residence in Kailua for over 10 years and his work for the City and then Hawaiian Electric Company (HECO) as an environmental specialist.

 

Ure nominated Catie Fernandez, Weinberg nominated Derrick Fenske, and Glanstein nominated Tom Pico Jr. to fill the vacancy in Subdistrict 1. Discussion ensued:

 

1)       Attendance – Ms. Fernandez has been participating at committee and Board meetings. Mr. Fenske has been involved with the Board at the past few meetings, including committee meetings.

 

2)       Experience – Ms. Fernandez has experience with condominium property regimes (CPR). Mr. Pico served on a community council for the area before the Neighborhood Board (NB) system was created. Mr. Fenske is a former water quality technician.

 

3)       Upcoming NB Election – Ms. Fernandez has not submitted her candidacy declaration form but is interested in serving on the Board, Mr. Pico will be submitting his application, and Mr. Fenske noted the deadline of February 20 and expressed his interest. All candidates were encouraged to run for election to the Board. The Board will be co-sponsoring a candidates' forum on March 3; flyers were available.

 

4)       Committee Areas of Interest – Ms. Fernandez is interested in the Planning, Zoning and Environment committee (PZE), the Parks and Recreation committee (PRC), and in public works. Mr. Pico is concerned for the environment and expressed interest in PZE. Mr. Fenske is interested in water and the environment.

 

5)       Vision for Kailua – Mr. Pico's vision for Kailua includes keeping Kailua a place for children as well as adults, and preventing it from becoming a commercialized California-like subdivision.

 

6)       Medical Issues – Ms. Fernandez is opposed to doctors leaving Hawaii, but would like to hear the views of the insurance companies regarding medical tort reform. Mr. Fenske noted the shortfall of specialists and also voiced his desire to hear both sides of the issue on tort reform. Mr. Pico stated that tort reform addresses only medical malpractice, which is only a small part of why doctors are leaving, and he is opposed to it; he felt that the real issues are the low reimbursement rates from insurance companies for medical procedures, the lack of competition in the health insurance business here (only non-profit organizations seem to be able to operate profitably here, given the 4% general excise tax for other groups).

 

Catie Fernandez received eight (8) votes (Bartley, Best, Bryant-Hunter, Chinen, Lindgard, Prentiss, Ure, Wong) , Tom Pico, Jr. received four (4) votes (Christensen, Corcoran, Correa, Glanstein), and Derrick Fenske received four (4) votes (Brooks, Enos, Tomasa, Weinberg); no candidate received the necessary 10 votes to be appointed. Tom Pico, Jr. withdrew his name from nomination, and the vote was retaken below.

 

Catie Fernandez received 10 votes (Bartley, Best, Bryant-Hunter, Chinen, Corcoran, Glanstein, Lindgard, Prentiss, Ure, Wong) and Derrick Fenske received six (6) votes (Brooks, Christensen, Correa, Enos, Tomasa, Weinberg); Catie Fernandez was APPOINTED to FILL THE VACANCY IN SUBDISTRICT 4 (10-6).

 

A recess was taken from 7:48 p.m. to 7:50 p.m. for Neighborhood Assistant (NA) Rachel Glanstein to administer the oath of office to Catie Fernadez; 17 members present.

 

APPROVAL OF MINUTES:

 

January 8, 2009 Regular Meeting Minutes – The January 8, 2009 regular meeting minutes were APPROVED AS CORRECTED by UNANIMOUS CONSENT (17-0-0) (AYE: Bartley, Best, Brooks, Bryant-Hunter, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Prentiss, Tomasa, Ure, Weinberg, Wong), with the following three corrections:

 

*         Page 10 – Committee Reports – Executive Committee – item no. 5 – second sentence – Tomasa requested the committee consider holding their meetings at a more convenient time for those who work during the day to allow committee chairs to participate in the decision-making process, and suggested more involvement on the part of committee chairs. Tomasa expressed concerns about committee agendas being unilaterally changed – in the past – without consulting with her and that it is important for committee chairs to be involved.

 

*         Page 11 – Committee Reports – Public Health… – item no. 1 – The State Health Committee chair chair of the State House Committee on Health has refused to hear any bill related to medical liability tort reform.

 

*         Page 12 – Committee Reports – Public Health… – item no. 3 – Tomasa provided response from the State Civil Defense regarding evacuation shelters for the elderly and the special medical needs population in Kailua. When planning for disaster preparedness, the unique situations of the elderly and medically disabled population must be considered, and items such as oxygen tanks, etc., must be are provided in shelters located in Kailua.

 

AGENCY (AND OTHER) REPORTS:

 

Honolulu Fire Department (HFD) – Capt. C. Mayural provided the following information:

 

1)       January 2009 Statistics – There were 2 structure, 7 rubbish, and 5 vehicle fires; there were 75 medical emergencies, 5 search/rescues, and 40 miscellaneous calls.

 

2)       Fire Safety Tip – Smoke alarms save lives and are an important part of a home fire escape plan. Install smoke alarms in every bedroom, outside each sleeping area, and on every level of a home. Test smoke alarms monthly and replace batteries yearly. Practice a home fire escape plan and designate a safe meeting place outside the home. Many lives could be saved if all homes contained working smoke alarms.

 

Questions, comments and concerns followed:

 

Emergency Response Time – The Kailua area is aging, and an inquiry was raised regarding the average response time to the increased number of heart attacks; the average response time is less than 15 minutes, and is between two and eight minutes (eight minutes for Kailua town), depending on location and ambulances. It was pointed out that traffic congestion in Kailua town could prevent first responders from getting to an emergency in time. There was suggestion that the median strip on Kuulei Road (and Kailua Road) into downtown Kailua be removed to add another lane to ease traffic congestion, to increase emergency response time, although Capt. Mayural wasn't sure it would help significantly. There's no evidence that emergency response time is delayed by private gates blocking beach access, since HFD has maps that highlight the nearest public beach accesses.

 

Honolulu Police Department (HPD) – Lt. D. Eber distributed the report, introduced Officer M. Thompson, and highlighted the following statistics:

 

1)       Comparison of December 2008 to January 2009 – There were 0/0 murder/manslaughter (0%), 4/4 rape (0%), 1/3 robbery (+200%), 13/8 aggravated assault (-38%), 73/50 burglary (-32%), 172/146 theft (-16%), 127/150 unauthorized entry into a motor vehicle (+18%), and 49/25 auto theft cases (-49%), making the total cases number 439/386 (-13%).

 

2)       January 2009 Statistics – There were 4 aggravated assault, 11 simple assault, 17 burglary, 5 counterfeit/forgery, 6 drugs/narcotics, 7 driving under the influence, 12 fraud, 2 identity theft, 11 injured cared for/sick cared for, 6 motor vehicle theft, 1 missing person, 2 missing person cancelled, 26 property damage, 84 motor vehicle accident, 3 order violation, 2 rape, 3 robbery, 15 runaway, 8 runaway cancelled, 3 sex assault, 52 theft, 5 threatening, 5 trespass, 6 truancy, 81 unauthorized entry into a motor vehicle, and 9 warrant arrest cases.

 

3)       Lanikai Parking Issues – There were 336 citations related to parking issued in the Lanikai area in January 2009. On January 29, two charter buses ferried partygoers to a private residence, which is not illegal.

 

Questions, comments and concerns followed:

 

1)       Lanikai Parking Issues – The number of citations and complaint calls differ from each other since not all calls lead to citations. Lanikai residents are trying to come up with preventive measures so that less tickets need to be issued; tickets are one way to prevent the same violation, although tourists have a quick turnover rate. Some of the buses that frequent the Lanikai area idle for longer than three minutes, and only travel slightly down the road when asked to move; any legislative suggestions from HPD are appreciated.

 

2)       Beat 458 – Beat 458 covers the business area of Kailua.

 

Marine Corps Base Hawaii (MCBH) – Sgt. B. Tuthill relayed the following information:

 

1)       Air Field Hours of Operation – February 2009 – Monday and Friday, 8:00 a.m. to 6:00 p.m.; Tuesday to Thursday, 8:00 a.m. to 10:00 p.m.; Saturdays, Sundays and holidays, closed. On February 5, helicopters will be landing at 10:30 p.m. Runway 4 will be closed until February 28 for maintenance and installation of energy-saving equipment. MCBH-based helicopters will operate with reduced hours. P-3 aircraft were relocated to Hickam Air Force Base (AFB) but will return at the end of February.

 

2)       Weekly Newsletter – Check for hours and operations updates in the weekly Aloha Newsletter, published on Friday afternoons.

 

3)       Recovery of Amphibious Assault Vehicle (AAV) – An AAV sank in the Bellows’ training area on January 12. The vehicle was recovered with the help of the Navy’s Mobile Diving and Salvage Unit One from Pearl Harbor. No leaks were detected and possible reef damage is pending investigation.

 

4)       Industry Day – All local businesses were invited to attend a seminar on March 11 about how to do business on base; Industry Day will be held at the Officers’ Club from 9:00 a.m. to 11:00 .m. with a networking reception from 11:00 a.m. to noon. Call 254-7697 for more information.

 

5)       Door to Door Recycling on Base – On January 26, a door to door recyclables collection program began for 260 homes on base.

 

6)       Solar Photovoltaic Energy Information – MCBH unveiled a new photovoltaic energy information kiosk detailing the new solar roofing system which helps decrease power consumption of buildings on base.

 

7)       Mud Ops – From February 3 to 5, AAVs will take part in the annual Mud Ops event at Nuupia Ponds. AAV tracks churn up mud to uproot invasive plant species and create nesting areas for endangered Hawaiian stilt birds.

 

8)       Recent/Upcoming Events – The following recent or upcoming events were detailed: (a) January 30 – the USO concert performed by Gary Sinise and the Lt. Dan Band was attended by approximately 350 people; (b) February 5 – MCBH hosted seven National Football League (NFL) players and their guests to meet with Wounded Warriors and Marines/Sailors of the year, and tour base facilities; (c) February 6 to 8 – MCBH expects to host additional NFL players and coaches and provide volunteers for Pro Bowl related events; (d) February 6 to 8 – MCBH will assist with security measures for game-day events; (e) February 8 – Criterium Bicycle Race at MCBH (open to the public – call 257-8442 for more information).

 

9)       Homecomings/Deployments – The 1st Battalion, 12th Marine Regiment, Marine Heavy Helicopter Squadron 363, and 1st Battalion, 3rd Marine Regiment are returning home. The 3rd Battalion, 3rd Marine Regiment, Marine Heavy Helicopter Squadron 362 will deploy soon.

 

Questions, comments and concerns followed:

 

Marines Help the Community – MCBH was thanked for helping to build the playground at Aikahi Elementary School; the Marines often assist in community-building activities.

 

Board of Water Supply (BWS) – No update given.

 

Hawaii Pacific University (HPU) – Crystale Lopez shared the following information on two items of interest:

 

1)       Windward Hawaii Loa Campus Expansion Update – Group 70 International developed a preliminary conceptual design that received favorable reviews by the HPU campus-expansion committee. More discussions are planned to finalize a design, which President Wright will use for a development campaign during the next year. After that, HPU will better understand how cost will affect the scope of the project.

 

2)       HPU College of Business Administration Dean – Dr. Aytun Ozturk was appointed dean of the HPU College of Business Administration; he has been with HPU since 2003 and is also an associate professor in the Masters in Business Administration (MBA) program and advisor for the MBA Club in Hawaii. Dr. Ozturk previously held the position of assistant dean of the College of Business.

 

COMMUNITY ISSUES AND ANNOUNCEMENTS:

 

Disaster Assistance – Kevin Wynne, from the U. S. Small Business Administration (SBA), and K. Michael, from the Federal Emergency Management Agency (FEMA), circulated brochures and conveyed information about disaster assistance loans. Those impacted by the disastrous storms from December 10 to 16 should register with FEMA by calling 1-800-621-FEMA or by visiting www.disasterassistance.com; the disaster assistance application process takes approximately 20 minutes to complete (write down the application number for future reference). A package with available loan programs will be sent. Homeowners, renters, and business owners may apply to receive disaster assistance loans. Registration with any State facilities is not the same as registration with FEMA. There is also an appeal process if it's felt the funds provided are insufficient to cover the damage. Discussion ensued:

 

Grants Versus Loans – The available disaster assistance is in the form of loans, not grants; the funds received must be paid back on a schedule.

 

TheBus Route 86/86A Change – Virginia Bisho, from the City Department of Transportation Services (DTS), distributed handouts and explained that in a continuing effort to be responsive to community needs, DTS is conducting a pilot project to provide a direct express service from Windward Oahu to Pearl Harbor via the H-3 Freeway. The route change will provide a quicker, more direct trip from Windward Oahu to Pearl Harbor. Route 86 will be the first route traversing the H-3 Freeway, and will not use Likelike Highway between Kaneohe and Honolulu; Route 86 will no longer service stops on Likelike Highway at School Street. Route 86A will continue to use Likelike Highway and service stops on Likelike Highway at School Street. DTS representatives are bringing up the pilot to project to the affected NBs. The pilot project will begin in March. Everyone was requested to call 768-8374 or email thebusstop@honolulu.gov with any comments, concerns, or routing suggestions. Discussion ensued:

 

Ridership – There is no need to provide free fares to those using Routes 86 and 86A, since they already use the routes; the project is just to alter the path of the routes to include the H-3 Freeway.

 

Chair's Announcements – Chair Prentiss announced that the Board vacancy in Subdistrict 1 was caused by the resignation of Joe Harding due to health issues, and thanked Mr. Harding for his long service to the Board. Chair Prentiss withdrew himself from the membership of PZE and appointed Fernandez in his place.

 

Chair Prentiss departed at 8:30 p.m.; 16 members present. Vice-Chair Chinen became the Acting Chair.

 

PRESENTATIONS:

 

Kawai Nui Stream (KNS) Flow Restoration – Bob Bourke circulated handouts and gave the following presentation:

 

1)       History – In the 1960's, a flood control dike was constructed to cut off the flow from Kawai Nui Marsh (KNM) to KNS, and developers rerouted KNS and dredged and filled Kaelepulu Pond to create the community of Enchanted Lake. In the1990's, the City contracted for a flood control study and dredging plan, but did not implement the dredging recommendations. The City crews began regular once-monthly stream mouth openings to minimize the flooding threat, and the State Department of Health (DOH) Clean Water Branch mandated Polluted Water signs when the stream was open. In 2002, the Kaelepulu watershed listed as Water Quality Limited, initiating a DOH study. In 2008, the KNS mouth dredging was implicated in the erosion of Kailua Beach Park (KBP).

 

2)       Flow Problem – The lack of flow through the system from the marsh causes buildup of nutrients and sediment leading to poor water quality, and causes a lower water level (due to evaporation) making it difficult to effectively open the stream mouth to water flow.

 

3)       Solution – Representative Pono Chong and Senator Jill Tokuda introduced a bill in 2008 to study the best way to restore flow to KNS and understand possible impacts. Approximately $200,000 was included in Governor Linda Lingle's budget to accomplish this goal.

 

4)       KNS Flow Restoration Project – The project would: (a) find an engineering solution to restore flow from KNM to KNS without adversely affecting the flood prevention integrity of the flood control dike; (b) raise the water level artificially to keep the canal draining to prevent stagnation and bacteria build-up; (c) conduct an Environmental Assessment (EA) to understand the likely adverse and positive impacts that would result from flow restoration; (d) provide for a three to six month test where water would be pumped over the dike into KNS; and (e) offer understanding of the impact of increased stream flow on stream mouth clearing operations, and dto develop more efficient wayes to open the muliwai during emergencies.

 

5)       Funding – The State Department of Land and Natural Resources (DLNR) Division of Forestry and Wildlife is awaiting release of funding from Gov. Lingle's Office to initiate the KNS flow restoration study.

 

Questions, comments and concerns followed:

 

1)       Naming System – The name of KNS is actually Kaelepulu Stream, and is actually a canal, not a stream.

 

2)       Funding – The $200,000 in funding requested is for an EA, preliminary engineering, and to help the City to open and close the channel, not to just adjust a pipe. There are no federal funds for the project.

 

3)       Environmental Concerns – There is currently insufficient oxygen in parts of the waterway to support fish life. An EA and an engineering study will help to answer how a new water flow would affect the beach. There are limited options on what is able to be done with the moved sand. Heavy rain is a factor that must be considered in the engineering study. An EA will determine whether an Environmental Impact Statement (EIS) is necessary.

 

4)       Cause – The rise in the water level, tide wash, and the lack of fresh water flowing affected reef growth, which was a factor in beach erosion and sand migration. It was felt that the flood control dike installed in the 1960's caused the beach erosion first observed in the 1980's.

 

5)       Support from Other Organizations – The Enchanted Lake Community Association is meeting this week to discuss the issue. Mr. Bourke would appreciate a list of contacts who would like to get involved.

 

6)       Project Bidding – The funding will most likely go to DLNR, who will put out a Request for Purchase (RFP), which will allow companies to bid on the project.

 

Bryant-Hunter moved, and Bartley seconded, that the Kailua Neighborhood Board No. 31 write a letter to Governor Linda Lingle requesting the immediate release of the $200,000 in funding for the Kawai Nui Stream Flow Restoration project. Discussion ensued:

 

1)       Rules Appropriate – In a society without rules, environmental impacts may not be considered or mitigated.

 

2)       Project Bidding – When the project goes out to bid, the bidders may only be bidding on certain portions of the project. Mr. Bourke didn't give the presentation to support the company he works for, which could bid on the project; he gave the presentation because of his concerns with the water flow in the area.

 

3)       History of Area – The EA should provide some answers about the history of the area.

 

The previous question was ordered on the pending question by UNANIMOUS CONSENT (16-0-0) (AYE: Bartley, Best, Brooks, Bryant-Hunter, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Weinberg, Wong).

 

The motion that the Kailua Neighborhood Board No. 31 write a letter to Governor Linda Lingle requesting the immediate release of the $200,000 in funding for the Kawai Nui Stream Flow Restoration project was ADOPTED UNANIMOUSLY 16-0-0 (AYE: Bartley, Best, Brooks, Bryant-Hunter, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Weinberg, Wong).

 

Animal Cruelty Presentation – No representative or report present.

 

ELECTED OFFICIALS:

 

U.S. Congresswoman Mazie Hirono (Quarterly) – Joshua Wisch, of U.S. Cong. Hirono's Office, reported in January.

 

Governor Linda Lingle's Office – No representative present. Dr. Morgan Barrett, the previous representative from Gov. Lingle's Office, distributed the report and announced his resignation. He bid everyone farewell and thanked everyone for their patience and assistance. Dr. Barrett directed any questions or concerns to his secretary for answers for the next meeting. He congratulated Lindgard on his fruitful work on the lead shot at Kaimalino Beach issue. Dr. Barrett was commended for his service to the Board and community.

 

Senator Fred Hemmings – The report was available.

 

Senator Jill Tokuda – Sen. Tokuda circulated her report and emphasized the following items:

 

1)       Bill Highlights – The following bills were introduced by Sen. Tokuda to address community concerns: (a) Senate Bill 1665 (SB 1665), Relating to Higher Education – Workforce Development; (b) SB 1132, Relating to Veteran Services – Taskforce; (c) SB 1352, Relating to Bureau of Conveyances – Electronic Recording and Fee Timeshare Interest; and (d) SB 1279 and SB 1280, Relating to the University of Hawaii (UH) – Studies Regarding Kailua Beach.

 

2)       Hawaiian Memorial Park (HMP) Expansion Hearing – In response to requests from Sen. Tokuda, the State Land Use Commission (LUC) scheduled a hearing regarding HMP's proposed expansion in Kaneohe on March 6, 9:00 a.m., at Windward Community College (WCC).

 

3)       Town Hall Meeting – More than 40 residents from the Windward side attended the January 14 town hall meeting with area legislators at WCC to voice their concerns and comment on current legislative issues.

 

4)       Kaneohe Unemployment Office – Staffing is being sought for the Kaneohe Unemployment Office, so that it may operate full-time.

 

Questions, comments and concerns followed:

 

1)       SBs 1279 and 1280 Relating to Kailua Beach Studies – SB 1279 provides funding for a taskforce, but the community felt it was unnecessary, so it was held; however, the community did want SB 1280 to move forward, which provides funding for an erosion study.

 

2)       State Department of Education (DOE) Budget Cuts – Sen. Tokuda is opposed to increasing the price of school lunches, because for some children it's the only meal they get, but understands that DOE has to make some tough budget cuts. It was requested that, before removing any teacher positions to remove bureaucrats first. The long term cost of education will increase if class sizes get larger for a smaller number of teachers. DOE does not want to reduce teachers and emphasized that education is still their top priority. Sen. Tokuda added that retrofitting schools for safety is also very important.

 

3)       SB 1352 Relating to the State Bureau of Conveyances (BOC) – A number of findings were suggested to improve the BOC; most changes proposed were in-house versus legislative changes. BOC will move to electronic documentation to automate their system; concern was expressed over non-government access to records. Record security is in place, and an implementation plan will be detailed in the next session.

 

4)       Timeshares / Fractional Ownership – Sen. Tokuda will follow up on the bills relating to timeshares and fractional ownership.

 

5)       Affordable Housing – Sen. Tokuda will follow up to see if there's a bill providing for an anti-speculation tax, to increase the supply of affordable housing.

 

6)       Sex Education in Schools – SB 1174 could add another layer of required parental permission relating to sex education in schools, which would make it even more difficult to get the information to the students. In the nation, Hawaii has a very high rate of sexually transmitted diseases for younger age groups, and it seems that more, not less, sex education is needed in schools.

 

7)       SB 1273 Relating to Transient Accommodations Tax – SB 1273 appears to only relate to fiscal concerns about B&Bs and TVUs, and not the root problem of whether they are appropriate for residentially zoned neighborhoods. Sen. Tokuda will follow up and explained that the legislature is currently considering every option to generate revenue, but acknowledged that they must handle any option responsibly.

 

Representative Pono Chong – Janine Tully, of Rep. Chong's Office, distributed the report and noted that the bills relating to erosion studies at KBP would be heard tomorrow, February 6, in the State House of Representatives.

 

Questions, comments and concerns followed:

 

1)       Raising Taxes – There are several bills relating to taxation, including one to increase tax for individuals, and HB 1548, an omnibus tax bill.

 

2)       Enchanted Lake Elementary School Improvement – Included in the Capital Improvement Project (CIP) bill from Rep. Chong includes an exit door for the principal's office; this item has existed for a while because it hasn't been completed.

 

Representative Cynthia Thielen – John Foster, of Rep. Thielen's Office, circulated the report.

 

Representative Chris Lee – Rep. Lee distributed his report and called attention to the following information:

 

1)       Koolaupoko Watershed Management Program (KWMP) – BWS and Townscape Inc. are in the preliminary planning process of developing a county water use and development plan targeting the Windward side of Oahu. The group will conduct community informational briefings starting in late April or early May in four stages – Kahaluu, Kaneohe, Kailua and Waimanalo. Please call George Kuo at BWs at 748-5941 or Andrew Choy at Townscape Inc. at 536-6999 with any questions or concerns.

 

2)       2009 Legislative Update – Rep. Lee highlighted the following bills: (a) House Bill 970 (HB 970) – prohibits former elected official and appointees whose appointments were subject to senate confirmation from engaging in lobbying for 24 months for termination of employment; (b) HB 974 – increases the percentage of conveyance taxes to be deposited into the Land Conservation Fund from 10 to 20 percent; (c) HB 1446 – entitles taxpayers over 60 to a refundable tax credit, provided the amount is at least $1, which would help those who don't have enough income to receive dollar credits; (d) HB 1447 – establishes the shoreline management taskforce to create baseline statewide management standards of shoreline areas, since there currently every area and island determines their own rules; and (e) HB 593 – directs the board of DLNR to adopt rules for determining the shoreline setback and mauka extent of the conservation district for Kailua Beach and establishes an interim coastal construction setback line.

 

3)       Physicians in Hawaii – There are dozens of separate bills that seek to keep doctors and other physicians practicing in underserved areas in Hawaii. Policy ideas range from encouraging medical students to serve time practicing on neighbor islands, to examining caps on damages, to completely transforming our hospital system here in the State. Updates and details will be provided as the bills are narrowed down.

 

4)       Hawaii Clean Energy Initiative (HCEI) – The goal of the HCEI is to use renewable resources (such as wind, sun, ocean, geothermal, and bioenergy) to supply 70% or more of Hawaii's energy needs by 2030 (30% energy efficiency and 40% actual renewable energy). The MCBH has helped the State by sharing their own energy initiatives.

 

Questions, comments and concerns followed:

 

1)       Beach Access – The Hawaii constitution is liberal in keeping the natural environment both protected and accessible. HB 1447, to establish a shoreline management taskforce, is only one of a number of bills that seeks to address the beach access issues (public versus residential rights). Rep. Lee himself considers beach access non-negotiable. Concern was voiced that beach access may be allowing commercial access, such as tour buses dropping off tourists, etc., which was not the intent of the constitutional access rights. DLNR's Division of Conservation and Resources Enforcement (DOCARE) have clarified that they have developed a new approach to redistribute resources and increase enforcement; however, residents have noticed that there are only two DOCARE officers and Kailua has large beaches to cover. There are currently 25 vacant positions with DOCARE that, when filled, will allow for greater enforcement.

 

2)       Fractional Interest – Fractional interest is currently allowed and HB 1824 would allow the City to regulate fractional interest in ownership (because of cotenancy). It's felt that fractional homeownership may be changing the character of residential neighborhoods, and once a property is fractionalized, it usually doesn't return to a single-family residence, and therefore should be prohibited in residential areas. The bills currently being considered would include Statewide provisions.

 

3)       Koolaupoko Watershed Management Program (KWMP) – The Board wants to make sure that they are included in the KWMP process, and that the BWS and Townscape Inc. hold participatory workshops, not informational meetings, so that active citizen participation is allowed. Although BWS gave a short presentation at the November 2008 meeting, no handouts or plan outlines were provided. Wong noted that she was contacted for follow-up but hasn't had the time to handle the request.

 

4)       Raising Taxes – Rep. Lee can't make a pledge not to increase taxes; to make it through this tight budget year, revenues must increase and/or expenses must decrease. The revenue projection was low this year.

 

5)       Medical Liability Tort Reform – Rep. Lee noted that medical liability tort reform is only one option that could help medical issues, and that there are other options being considered.

 

Mayor Mufi Hannemann's Representative – John Chang, of Mayor Hannemann's Office, offered the following responses to previous questions:

 

1)       Marked Crosswalks at North Kalaheo Avenue / Kailuana Place / Kai One Place – DTS was unable to conduct their investigation for marked crosswalks on North Kalaheo Avenue at Kailuana Place and Kai One Place prior to school’s winter vacation. Therefore, DTS requires additional site observations and pedestrian/vehicle volume analyses which will be completed by the end of March 2009. DTS will inform the Board of the status of their study at the April 2009 meeting.

 

2)       Fireworks Enforcement – HPD officers responded to all calls for police services and took enforcement action when appropriate; HPD will seek legislation to ban the use of fireworks. HFD enforces the rules for permits and licenses regarding the importation, storage, wholesale, and display of legal fireworks and continues to work with other governmental agencies to reduce and control use of illegal fireworks.

 

3)       Rockfall Mitigation Measures – The City can require the installation of rockfall measures during the construction of hillside projects. However, the City does not specify the type of rockfall measure that should be used. The responsibility for providing adequate rockfall protection is with the owner, developer, or implementing agency, and the type required would be determined by the owner/developer/agency's engineer based on their assessment of the actual site conditions.

 

Councilmember Barbara Marshall – No representative or report present.

 

COMMITTEE OF THE MONTH:

 

Parks and Recreation Committee (PRC) – PRC Chair Ure deferred the report in the interest of time, but introduced a motion related to the agenda item on the Beach Erosion Control Study (IX.3.a):

 

Ure moved, and Glanstein seconded, that the Kailua Neighborhood Board No. 31 supports the legislative efforts found in SB 1133, SB 1279, SB 1543 and HB 593 to address beach erosion studies and acknowledges the University of Hawaii School of Ocean and Earth Science and Technology to provide recommendations to prevent, mitigate and reverse beach erosion at Kailua Beach. Discussion ensued:

 

Bills Included in Motion – The bills referred to in the motion all include Kailua, although some are more inclusive. It was mentioned that HB 570 and SB 1133 may be too broad (include all islands), and some couldn't support the bills because every island is different.

 

The motion that the Kailua Neighborhood Board No. 31 supports the legislative efforts found in SB 1133, SB 1279, SB 1543 and HB 593 to address beach erosion studies and acknowledges the University of Hawaii School of Ocean and Earth Science and Technology to provide recommendations to prevent, mitigate and reverse beach erosion at Kailua Beach was ADOPTED 13-2-1 (AYE: Best, Brooks, Bryant-Hunter, Chinen, Christensen, Corcoran, Correa, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Weinberg; NO: Bartley, Wong; ABSTAIN: Enos).

 

The motion to allow Bryant-Hunter to present the Board's position was ADOPTED by UNANIMOUS CONSENT (16-0-0) (AYE: Bartley, Best, Brooks, Bryant-Hunter, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Weinberg, Wong).

 

BOARD ACTIONS:

 

Planning, Zoning and Environment Committee (PZE) – PZE Chair Wong explained that, as a result of the previous presentation by A.P. Locricchio regarding the solarization of Kailua, she would present a motion, and circulated a rationale for the motion.

 

Motion: PZE Chair Wong moved, on behalf of the PZE, that the Kailua Neighborhood Board No. 31 supports the exploration of the Solarization of Kailua as a model community for the rest of the nation. Discussion ensued:

 

1)       Taxpayer Cost – There will be no cost to State or City taxpayers since it's federal funding that pays for the solarization of neighborhoods. States and cities don't pay up front for solarization costs; instead, a portion of the savings received from using solar power goes to the federal government to repay the money used at 0.5% interest.

 

2)       Solarization Progress – Mr. Locricchio noted that he was selected to give a major presentation on his concepts of solarization. Some of the members of Congress will be holding public hearings on bills related to solarization in the near future. It's persuasive that solarization will produce 1.3 million jobs across the nation. Mr. Locricchio will return to the committees and the Board as more details are finalized; he didn't feel that action should be deferred, since the motion refers only to the solarization concept.

 

3)       Conceptual Motion – Most were pleased that the motion didn't specify any particular proposal or company and kept the support to the concept of solarization; however, a concern was raised about giving support without knowing exactly what action will be taken, and Kailua being held responsible for any bad effects of the proposal. PZE Chair Wong noted that the broader motion for conceptual support came about due to similar concerns raised in committee.

 

The motion to order the previous question was ADOPTED 13-1-2 (AYE: Bartley, Best, Brooks, Bryant-Hunter, Chinen, Christensen, Correa, Enos, Fernandez, Glanstein, Tomasa, Ure, Wong; NO: Weinberg; ABSTAIN: Corcoran, Lindgard).

 

Bartley raised a point of order that the public could still provide input, even though the Board had voted to stop discussion and vote; Acting Chair Chinen ruled the point of order well-taken and requested public input. Discussion continued:

 

4)       Safety of Solar Vehicles – Clarification was requested on the safety issues of solar vehicles.

 

5)       Renewable Energy – The money spent to develop renewable energy technology, such as wind and sun, have created some possible solutions for a better environment and economic future, and the development costs have been decreasing.

 

The motion that the Kailua Neighborhood Board No. 31 supports the exploration of the Solarization of Kailua as a model community for the rest of the nation was ADOPTED 15-0-1 (AYE: Bartley, Best, Brooks, Bryant-Hunter, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Wong; ABSTAIN: Weinberg).

 

NA Glanstein departed at 10:10 p.m., along with Bryant-Hunter and Weinberg; 14 members present. Secretary Linda Ure composed the remainder of the minutes.

 

Public Health, Public Safety and Civil Defense Committee (PHPSCD) –

 

Motion: PHPSCD Chair Tomasa moved, on behalf of the PHPSCD, that the Kailua Neighborhood Board No. 31 supports the intent of Resolution 09-2 Urging the State Legislature to Amend the State Fireworks Control Law to Authorize the Counties to Adopt Laws More Stringent Than the State Law Discussion, which was ADOPTED 11-2-1 (AYE: Best, Brooks, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Ure; NO: Bartley, Wong; ABSTAIN: Tomasa).

 

Executive Committee –

 

Motion 1: Acting Chair Chinen moved, on behalf of the Executive committee, that the Kailua Neighborhood Board No. 31 authorizes acquisition of new mail box keys for the Kailua Neighborhood Board No. 31 Mail Box located in Kailua, which was ADOPTED UNANIMOUSLY 14-0-0 (AYE: Bartley, Best, Brooks, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Wong).

 

Motion 2: Acting Chair Chinen moved, on behalf of the Executive committee, that the Kailua Neighborhood Board No. 31 authorizes the use of its Refreshment Budget for Neighborhood Board Candidate Forum. The motion was offered to the Board in the prior month and was adopted; this motion was mistakenly included again in the February agenda. The motion was WITHDRAWN by UNANIMOUS CONSENT (14-0-0) (AYE: Bartley, Best, Brooks, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Wong).

 

Lindgard donated $20.00 to defray cost of the 2009 Candidate Forum; the funds were accepted by Secretary Ure.

 

Post Committee Motions –

 

Motion 1: The motion that the Kailua Neighborhood Board No. 31 adopts the PZ&E Committee recommended comments on the Draft Environmental Assessment for Kapaa Light Industrial Park in Kailua Discussion ensued: Enos and Best supported the motion to provide comments. Lindgard stated the comments provided to the Board by the PZE committee were comprehensive. The motion that the Kailua Neighborhood Board No. 31 adopts the PZ&E Committee recommended comments on the Draft Environmental Assessment for Kapaa Light Industrial Park in Kailua was ADOPTED UNANIMOUSLY 14-0-0 (AYE: Bartley, Best, Brooks, Chinen, Christensen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Tomasa, Ure, Wong).

 

Enos departed; 13 members present.

 

Motion 2: The motion that the Kailua Neighborhood Board No. 31 supports Walgreen of Hawaii, LLC Liquor License for Retail General (Package sales) at 56 Oneawa Street, Kailau, Hawaii (Kailua Marketplace at the corner of Oneawa and Uluniu Streets) was NOT ADOPTED 5-4-4 (AYE: Brooks, Correa, Glanstein, Tomasa, Ure; NO: Christensen, Corcoran, Lindgard, Wong; ABSTAIN: Bartley, Best, Chinen, Fernandez).

 

COMMITTEE REPORTS:

 

Parks and Recreation Committee (PRC) – Due to time constraints of the meeting, PRC Chair Ure requested the following information be placed in the minutes:

 

A)      Wedding Permits and DLNR Rules Process – 1) Data base website by Steve Molmen (Land Division) not yet operational; 2) Special Interest Groups may introduce 2009-10 legislation to ban permit requirements.

 

B)      DPR Windward Parks Status – Repairs, Replacements, Maintenance at Windward Parks: 1) Signage at Kailua Beach Park for exit from parking lot (which is one-way) needs to be reinstalled at correct location so that DO NOT ENTER is clear and is being addressed to City Department of Facilities Maintenance; 2) Kailua District Park – Gym roof contract being examined by DDC for contractor liability 3) Maunawili Valley Neighborhood Park – picnic tables and bench not replaced due to budget and non-receipt of materials, bathrooms have been repaired, roof and ceiling are to be patched as regular maintenance, and tennis court lights have been repaired after the power outage damage.

 

C)      Sand – 1) Beach Erosion Control Study – DLNR – City – UHM – USACOE – ELRB studies ongoing and current legislation addressed continuation of study with appropriations and an  Informational Presentation by Dr. Chip Fletcher has been made at State Legislature; trees that are in danger of toppling are being removed as necessary after examination; 2) Sand replenishment at Kailua Beach Park requires a copy of City/State Memoranda of Agreement for Sand Replenishment Removal or Redistribution and monitoring of maintenance of sand impacting park paths, driveways, beach continues.

 

D)      Capital Improvement-Repairs-Maintenance – Include CIP for ground lights for Kalama Beach Park & Kailua District Park which is a safety issue.

 

E)      Enforcement Issues – Concerning Commercial activities in Parks, at Beaches in Kailua and City R-O-Ws are referred to Public Health, Public Safety & Civil Defense Committee.

 

F)      Paddle Boards at North Shore and Kailua Bay – They are being monitored.

 

G)     Announcements – 1) A presentation to Board March or April concerning Opening & Closing of Berm at Kailua Beach Park (ocean-side of Kawailoa Road Bridge) in protection of both Kailua Bay and Enchanted Lake by Bob Bourke is being considered; 2) Parks & Recreation and Government & Community Committees will meet jointly beginning February 14, 2009 and continue during the legislative session; and 3) Next meeting: 2nd Saturday, February 14, 2009, 10:00 a.m., at Zippy’s Kailua.

 

Without objection, the agenda was taken out of order to address PHPSCD issues.

 

Public Health, Public Safety & Civil Defense Committee (PHPSCD) – A special update on: 1) Complaints concerning Shack Restaurant, Christensen reported that on January 23, there was a community meeting with neighbors living near the Shack and their concerns about noise, drug abuse, speeding, assaults, reckless driving, drunk and disorderly conduct and they are seeking relief and help in dealing with these problems. The Honolulu Liquor Commission (LIQ) was in attendance there and are conducting their own investigation concerning these ongoing problems. The concern from the community was the lack of response from HPD. They have spoken with the police. It was suggested they talk to the Mayor’s office, LIQ and also Councilmember Barbara Marshall’s Office to try and get some kind of dialogue between them and the owner. Also the community members were encouraged to come to the committee meeting to continue the discussion the progress of their efforts. 2) The balance of the Public Health, Public Safety & Civil Defense Committee report was entered into the minutes at the request of the committee Chair Claudine Tomasa: The Committee continues to work-on, monitor, and communicate with residents and governmental officials relating to: a) Legislative Medical Liability Reform; b) Research on Exploratory Efforts to Enhance Law Enforcement– HPD District 4 / Kailua; c) Lead Pellets on Kaimalino Beach; d) Community concern relating to toxic waste on construction site/ D.R. Horton/Schuler Ironwoods housing project; e) Public safety concerns relating to illegal parking on unimproved sidewalks & bike lanes/commercial wedding & photography vehicles – Lanikai / Kaiolena Drive; f) Public safety & health concerns relating to Fireworks; g) Civil Defense Issues – Emergency Evacuation Shelters; and h) Next Meeting:  The Public Health, Public Safety & Civil Defense Committee will be meeting with the Transportation and Public Works Committee on the 2nd Thursday, February 12, 2009, 7-9 p.m., at the Kailua District Park Multi Purpose Room or Tiny Tot Room. The Committees reserve its right to postpone meetings due to exigent circumstances and to reconvene on the 3rd Thursday of each month, 7-9 p.m. at the Kailua District Park Multipurpose Room or Tiny Tot Room.

 

Corcoran expressed concern that the Board and its membership not be caught in just dealing with a private entity and get sued. He cautioned that the Board must be careful and that everything should be directed toward government agencies and decisions.

 

Civilian-Military Council (CMC) – CMC Chair Corcoran stated continued support of Sgt. Tuthill’s comprehensive report and also for people to be aware of the increased activity on the base as the new Commander has been reaching out about environmental programs on the base and that the base is very focused on green activities.

 

Permitted Interaction Groups –

 

Neighborhood Plan MMVIII (NP): Glanstein announced not all Board members have a copy of the NP. It is their individual responsibility rather than the Board’s option to pick up copies. Ure reported that a notice received today states the Corporation Counsel has overruled the Neighborhood Commission (NC) when it suspended the rules of the plan to fill Board vacancies from outside the subdistrict of the vacancy. Corporation Counsel stated the action was a violation of another part of the plan and therefore was void.

 

Executive Committee [1] – Chinen reported that: 1) Agenda Requirements are due Monday February 23, 2009 to the Chair and the Secretary; 2) Glanstein requested the Treasurers report entered into the minutes. Printing expenses of agenda and minutes for January 2009 were $28.85 and postage expenses were $93.45 resulting in an Operating Budget balance of $724.72. The Publicity Budget balance is $1,460.00 and contained no disbursement for videotaping of the meeting. The Refreshments budget remains at $120.00

 

Bartley cautioned the meeting must not be adjourned until all items on the agenda are addressed.

 

Planning, Zoning & Environment Committee (PZE) – Updates: 1) Bill 6 CD 2 Bed and Breakfast and Resolution 08-256 Charter Amendment to Establish a City Board to Regulate Bed and Breakfast Homes: Bartley reported that Bill 6 was deferred at the last planning and zoning committee meeting of the City Council at that meeting the board’s previous position was given and Councilmember Cachola appears to be in agreement with the Board position. Councilmember Bainum appears to be wavering. Also, with previous efforts with the Planning Commission, Corporation Counsel ruled that any form of Bill 6 must be passed with a 2/3 vote rather than the simple majority Councilmember Marshall suggested. The conversation continued on the 1989 law and its enforcement. 2) Next Meeting: 3rd Tuesday, February 17, 2009 7-9 p.m. at Kalama Beach Park.

 

Executive Committee [2] – Ure reported: 3) as the second key to the post office box cannot be located that the cost of securing keys for the post office box is $14.00, however, Bryant-Hunter has stated she will pay that fee; 4) Ure reported that Correspondence and Documents are in the circulated Board file; and 5) Next Meeting: 4th Tuesday, February 24, 2009, 8:30 a.m., at Agnes' Bakery-Kailua.

 

Government & Community Services Committee (GCS) – GCS Chair Chinen reported: 1) in the Elections for Neighborhood Board Members 2009-11, it appears the voting for NB elections will be June 1 to June 15 by internet and by phone; however, the City must follow procurement rules and that may take a while; therefore, there is a chance Board members may have their terms extended beyond June 30, 2009; 2) the attempt by the NC to fill vacancies from outside the subdistricts to facilitate a Board having quorum was reversed by the Corporation Counsel as a violation of the Neighborhood Plan; and 3) Next Meeting: 3rd Saturday, February 21, 2009, 10:00 am Zippy's Kailua

 

Transportation and Public Works Committee (TPW) – In the absence of the Chair of the committee the following report was entered into the minutes: 1) The Committee continues to work on and monitor several traffic safety and bicycling issues with the Department of Transportation and Honolulu Police Department. The committee has identified several on-going continuous problems that are a source of continuing concern. The committee has requested that a representative from DTS and a representative from HPD attend the February meeting to discuss those issues. 2) Next Meeting: 2nd Thursday, February 12, 2009, Kailua District Park Arts and Crafts Room.

 

Sustainability and Environment Committee (SEC) – No report; RECESS pending Ko’olaupoko Sustainable Communities Plan (KPSCP) notice to proceed is issued by the City; issues will be referred to the Planning, Zoning and Environment Committee.

 

ANNOUNCEMENTS:

 

Upcoming Neighborhood Board Elections – The 2009 Neighborhood Board Candidate Forum, co-sponsored by the Board and the Maunawili Community Association, with the participation of many Kailua neighborhoods and communities will be held Tuesday evening, March 3, 2009, from 6:30 p.m. to 8:30 p.m. at the Pavilion at Kailua District Park. All are welcome to meet the prospective candidates who will join the grassroots conversation on the many ways a vigorous Neighborhood Board, in advising all levels of government, enriches and enhances our neighborhoods. Refreshments will be provided.

 

Donation Box – The Board places a donation box for board and community members at each meeting for non-perishable and canned foods as well as diapers and toilet tissue to distribute to appropriate service agencies.

 

ADJOURNMENT: The meeting adjourned at 10:40 p.m.

 

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Submitted by:

 

Rachel M. Glanstein, Neighborhood Assistant

 

and

 

Linda Ure, Board Secretary

 

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Reviewed by:

 

Linda Ure, Board Secretary

Friday, February 27, 2009

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