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DRAFT REGULAR MEETING MINUTES THURSDAY, JUNE 4, 2009
CALL TO ORDER: Chair Charles Prentiss called the meeting to order at 7:04 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, Richard Bratt, Michele Brooks, Kathy Bryant-Hunter (arrived at 7:16 p.m.), Jon Chinen, Jim Corcoran, Virginia Enos (left from 7:59 to 8:11 p.m.; finally departed at 8:40 p.m.), Catie Fernandez, Debbi Glanstein, Knud Lindgard (left at 9:15 p.m.), Charles Prentiss, Ursula Retherford, Claudine Tomasa, Linda Ure, Ronald Weinberg (departed at 9:29 p.m.), Donna Wong. Members Absent Shawn Christensen, Michael Correa. Vacancies None. Guests Captain R. Fallau, Captain C. Mayural ( RECOGNITIONS: 1) Tribute to Tom Pico, Jr. A moment of silence was observed for the passing of Tom Pico, Jr., who was elected to the Board, but passed before he could take office on July 1. Retherford gave the following tribute: Tom Pico, Jr. was a good, kind man who took the time to serve the community well. He was a man of reason, integrity, great mind, heart and vision, and his passing is a loss for the entire community. Retherford first met Mr. Pico when he served on the Kailua Community Council in the early 1970's. He was already concerned with the consequences of uncontrolled development on the environment and the social health of the community. Retherford sign-waved for him when he ran for City Council in 1978; the sign emphasized the grass-roots approach to government and conveyed some of Mr. Pico's concern and vision. When he ran for City Council in Spring 2009, his policy was to refuse campaign contributions from special interests, and he warned against the influence of such monies on good government, feeling that such contributions come with ties; he stuck to his ideals but did not win the election. Mr. Pico's memory can be best honored by remembering and carrying out the ideals he stood for, and his commitment to the wise management of the environment and to policies that benefit the long range good of the community. A good friend was lost and he will be greatly missed. 2) Outgoing Board Members Outgoing Board members Kalana Best, Richard Bratt, Michele Brooks, Kathy Bryant-Hunter and Michael Correa were recognized for their service on the Board. Correa served on the Board since 2003, and Bryant-Hunter served since 1997 and was a former Chair. APPROVAL OF MINUTES [1]: The Board returned to this item following the Honolulu Fire Department report. AGENCY REPORTS [1]: 1) May 2009 Statistics There were 7 structure, 1 wildland, 1 rubbish, and 1 vehicle fire, 95 medical emergencies, 5 search/rescues and 27 miscellaneous calls for service. There was one major incident on May 30, involving a building fire on 2) Fire Safety Tip The risk of wildland fires increases as summer approaches. Use caution when using flame-producing devices (fireworks, etc.). Children under 18 are prohibited from access to flame-producing devices, unless under adult supervision. Consider leaving fireworks displays to the professionals. Questions, comments, and concerns followed: 1) Fireworks There are no new rules for fireworks this year. HFD is not in charge of the fireworks displays, and they usually aren't informed until just before the event. 2) Ambulances Emergency Medical Services (EMS), not HFD, is in charge of ambulance services. There are red federal ambulances, but Bryant-Hunter arrived at 7:16 p.m. during the above comments; 17 members present. APPROVAL OF MINUTES [2]: May 7, 2009 Regular Meeting Minutes The May 7, 2009 regular meeting minutes were APPROVED AS CORRECTED by UNANIMOUS CONSENT (17-0-0) (AYE: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Enos, Fernandez, Glanstein, Lindgard, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong) with the following corrections: * Page 4 Agency (and Other) Reports Representative Pono Chong The report was circulated. * Page 4 Agency (and Other) Reports Representative Cynthia Thielen John Foster, from Rep. Thielen's Office, circulated the reports. * Page 4 Agency (and Other) Reports Representative Chris Lee John Foster, from Rep. Thielen's Office, circulated the report. * Page 5 Presentations Civil Defense Sirens motion Discussion add new item no. 1 (and adjust subsequent numbering) Rationale Tomasa stated that the placement of new sirens near the tsunami evacuation zone is an important public safety issue. She urged her fellow Board members to support this motion. The order of agenda was resumed. AGENCY REPORTS [2]: Honolulu Police Department (HPD) Lt. D. Eber distributed the report and highlighted the following statistics: 1) January to May 2008/2009 Statistical Comparison The main difference occurred in rape cases: there were 13 from January to May 2008, and 24 from January to May 2009, which was an increase of 84%. The total number of cases were 1633/1668, an increase of 2%. 2) May 2009 Statistics There were 3 aggravated assault, 12 simple assault, 37 burglary, 2 counterfeit/forgery, 6 drugs/narcotics, 19 driving under the influence (DUI), 9 family offenses/neglect, 11 graffiti, 9 injured cared for/sick cared for, 6 identity theft, 5 motor vehicle theft, 84 motor vehicle accident, 8 order violation, 26 property damage, 3 rape, 12 runaway, 11 runaway cancelled, 56 theft, 5 threatening, 32 unauthorized entry into a motor vehicle (UEMV), and 1 weapons case. Questions, comments, and concerns followed: 1) Rape Statistics There was one rape case in April 2009 and six in May 2009, making the statistic increase by 500%; however, there was no serial activity or real trend, just a small number to begin with in April. 2) Lanikai Parking on July 4 A private contractor usually puts out No Parking signs in Lanikai for July 4; however, it's not HPD that issues the permits or hires the contractor. In order to enforce No Parking signs, the signs must be in place 24 hours before any citation may be issued. 3) Lanikai Emergency Access On Memorial Day, many were stopped for at least half of an hour at the entrance to Lanikai for an undisclosed emergency. Questions were raised on how first responders would get in and out of Lanikai in case of an emergency. HFD does have helicopters that may be used in extreme circumstances. There is a great deal of traffic congestion in and out of Lanikai, especially on holidays and weekends, and this, in addition to vehicles parking in the bike lanes and on the unimproved sidewalks, limits emergency access. Transportation studies were requested and denied; HPD was requested to patrol the area more and/or talk to the City Department of Transportation Services (DTS) about the issues. 4) Cell Phone Ban Push-to-talk cell phones are not exempt from the ban on handheld electronic devices while driving; only emergency calls and certain two-way radios are exempt from the ban. Marine Corps Base 1) Air Field Hours of Operation The air field hours of operation are Monday to Thursday, 7:00 a.m. to midnight, Friday, 7:00 a.m. to 10:00 p.m., Saturday, 8:00 a.m. to 5:00 p.m., and Sundays and holidays, closed. Exceptions: (a) Saturday, June 6, extended hours from 7:00 a.m. to 10:00 p.m.; and (b) Saturday, June 13, 8:00 a.m. closure to Tuesday, June 16, at 7:00 a.m. 2) Recent/Upcoming Events The following upcoming events were detailed: (a) July 4 VP-47 5K Runway Run, open to the public (254-7590); and (b) August 14 to 16 20th Anniversary of BayFest. 3) Deployments/Homecomings Deployed are the Marine Heavy Helicopter Squadron 362, 3rd Marine Regiment HQ, 2nd and 3rd Battalion 3rd Regiment, and other detachments and augmentees. Homecoming for CLB-3 and VP-4 from late May through June. Questions, comments, and concerns followed: 1) Colonel Rice It was expressed that 2) RESIDENTS/COMMUNITY CONCERNS: New Board Member Chair Prentiss recognized the presence of a new Board member when the new term starts on July 1, Derrick Fenske. Questions, comments, and concerns followed: Commercial Signs LOC does have a committee that monitors the placement of commercial signs; Ms. Rogers will get contact information for the committee. Transitional Home for Women in Questions, comments, and concerns followed: Referred Women Only The only tenants that PACT will accept for the transitional home are those who have already gone through crisis prevention, are considered safe, but can't afford housing. Financial Issues with Rail Transit Cynthia Frith circulated a handout about the financial issues with rail transit and summarized the following information: 1) Revenue Bond Approval On May 15, the City Council preliminarily approved the issuance of revenue bonds for over $1 billion; the proposed proviso to have federal funds or a Record of Decision (ROD) before any local funds were spent on rail construction was voted down, since the Director of DTS stated it was unnecessary. The issue will go to full Council for a vote on June 10, 2009. 2) Concerns Concern was expressed that the administration may begin construction on the rail project with no assurance of federal funds. Mayor Mufi Hannemann stated in the past that there would be no construction on the rail without a ROD. PB Americas, the planning and engineering firm involved in the project, is well-known for going 40% over budget, and only an extra 20% was built into the rail estimates. 3) Councilmembers Contact Councilmembers to express opinions on rail and its financing. Councilmember Barbara Marshall, and Councilmember Rod Tam, consistently opposed rail because of the associated financial difficulties, and their desire to be fiscally responsible. 4) Website Go to www.honolulutraffic.com for more information. Questions, comments, and concerns followed: 1) Bonds The revenue bonds are general obligation bonds. Usually bonds are sold to wealthy individuals or to funds. It's uncertain if the State would guarantee the bonds if the City is unable to sell them all. 2) City's Revenue Source The main source of revenue for the City is property tax. 3) Purpose of Announcement It was alleged that the presenter may be trying to stop rail guised under the purpose of proper financing; Ms. Frith countered that she wants to know who is paying for what portion and if the rail project is financially feasible, since the project is $750 million in the collection of the general excise tax (GET). 4) Board Action Unless the Board presents a motion to add to the agenda on this issue, which may or may not affect a significant number of people, then those concerned will have to testify as individuals. ELECTED OFFICIALS AND OTHER REPORTS: Mayor Mufi Hannemann's Office Ann Chung, the Director of the City Office of Economic Development, distributed the newsletter and offered the following responses to previous questions: 1) Sign Placement at 2) Bed and Breakfast (B&B) and Transient Vacation Unit (TVU) Enforcement Best and/or the TVU Permitted Interaction Group (PI Group) was requested to call the City Department of Planning and Permitting (DPP) at 768-8000 to schedule a meeting with DPP and the PI Group. 3) Good 4) TheHandi-Van Service Prospective applicants are not required to appear in-person at the 5) Mayor Hannemann's Position on Bed and Breakfasts (B&Bs) The administrations consent to the Councils new policy to allow B&Bs is contingent on limitations outlined in Bill 6, because it is essential that such operations remain small-scale and be regulated to ensure compatibility with adjacent uses. 6) Deferred Maintenance The City Department of Facility Maintenance (DFM) does not intend to derfer maintenance of City facilities. Operations are being reviewed City-wide to improve efficiency and reduce overtime costs in consideration of the tight economic times. 7) 8) 9) 10) Neighborhood Commission (NC) The Boards have been asked to utilize the template for six months and provide feedback, at which point the NC can adjust the template. It is a clerical effort primarily designed to help in the creation of a minutes template. The NC feels the wide variety of agenda and minutes formats across the Neighborhood Board (NB) system is not a positive situation. The template does not in any way stipulate what the Boards should consider, and the Boards are always free to take items out of order should the need arise. The template is not a Neighborhood Commission Office (NCO) policy, but rather an NC policy. It is the first policy they have adopted under the New 2008 Neighborhood Plan (NP); Section 2-11-201 reads: General powers, duties, and functions of the commission. (a) The commission shall be responsible for establishing policy and providing oversight evaluation for the neighborhood board system. 11) 12) Enos departed at 7:59 p.m., during the above report; 16 members present. Questions, comments, and concerns followed: 1) 2) 3) Agenda and Minutes Template Notice It was requested that the NCO provide the Board with the Neighborhood Commission (NC) agenda(s) that listed the agenda template item and the minutes of the NC that describe its consideration; Mr. Mick will get the links to the appropriate documents. A complaint was filed with the State Office of Information Practices (OIP) alleging improper notice for the adoption of the agenda template. The Neighborhood Plan (NP) seems to give power over the agenda to the NB Chair. The NC and the NCO are aware of the upcoming OIP deadline for a response to the complaint, and the response is being composed. 4) 5) Meeting Regarding Enforcement of Bed and Breakfast (B&Bs) and Transient Vacation Units (TVUs) Some of the B&B & TVU PI Group members will not be on the Board next year, but a meeting with DPP and the B&B & TVU PI Group is still encouraged. 6) Lanikai Film Permits Regarding film permits issued in Lanikai from March 26 to March 21, 2009, the previous report indicated that the Lanikai Community Association (LCA) stated the operation was well done; however, the LCA was paid for their part in the filmmaking. Therefore, the Film Office shouldn't have relied on the LCA's statement, because it was not impartial; the neighbors were never polled for their opinions. The Board adopted a motion at the November 1, 2007 meeting to request the Film Offices provide public notice to impacted areas, NBs, and access to filming permits on a public website. 7) Bill 42 Relating to Charges for Repeated Non-City Agenda Item Presentations Bill 42 proposes to charge non-City entities $250 when they request to be placed on an NB's agenda more than three times within one year; Ms. Chung will follow up on Mayor Hannemann's position on Bill 42. 8) NB Election A recent letter to the editor showed trouble with more than one person voting on one computer or from the same internet address; the letter's author did vote in person at Honolulu Hale. The number given on the mailing contained a contact number for assistance, and Bryan Mick did receive a similar call; it's possible to vote on the same computer as long as the web browser is closed and reopened. The closing thank-you message will be checked to see if the explanation was there. When online voting systems are first implemented, there are typically glitches, which are resolved for the next vote. A recent article on the NB election stated that 71% of 9) Enos returned at 8:11 p.m.; 17 members present. 10) Board of Water Supply (BWS) A written report was available. Governor Linda Lingle's Office Jiro Sumada, the Deputy Director of the Highways Division of the State Department of Transportation (DOT), circulated the report and pointed out the following items: 1) Council on Revenues (CR) Update Gov. Lingle's plan is to implement furloughs starting July 1, to save money and still operate the State. 2) Public Comments on Legislation Invited Gov. Lingle has 250 bills adopted by the legislature on her desk awaiting her signature or veto, and welcomes public input. 3) Middle Street Merge Widening Project The Middle Street Merge widening project will cost an estimated $100 million; 80% will be federally funded and the remaining 20% will be funded by the State. Completion of the Environmental Assessment (EA) is anticipated this summer. Following the design phase, which will take about a year, the State Department of Transportation (DOT) is scheduled to advertise the project to bidders in August 2010. Construction is estimated to begin in early 2011 and be completed in 2013. 4) Irrigation Pipes near Castle Junction The thin white pipes near Castle Junction on the Questions, comments, and concerns followed: 1) Agencies Meeting at 2) Wedding Permit Fee DLNR issued 60 permits in the last six months for weddings, charging only $20 per permit. However, Lanikai wedding packages often cost $10,000, and DLNR could charge more for permits. 3) SuperFerry Hawaii SuperFerry Inc. is selling their assets and filing for bankruptcy, so the suspension of the requirement for an Environmental Impact Statement (EIS) is again being considered. 4) Senator Fred Hemmings No representative or report present. Senator Jill Tokuda Sen. Tokuda distributed her report and specified the following items: 1) Changes in the State Bureau of Conveyances (BOC) Sen. Tokuda introduced Senate Bill 1352 (SB 1352) relating to electronic recording and fee time share interest at the BOC, which passed. The bill made some substantial changes to improve the BOC's efficiency. 2) Bills Relating to the 3) Appropriations for the Area The following appropriations for the area were highlighted: (a) $8 million for the design, construction, and equipment for a natural science classroom and research lab at Kailua High School (KHS); (b) $2.087 million for the plan, design, and construction to replace air conditioning and smoke evacuation units at the Hawaii Youth Correctional Facility's (HYCF) Secure Custody Facility, which will also include performing roof repairs; (c) $1.578 million for the construction and equipment for the library and resources center at Windward Community College (WCC), which includes ground and site improvements, development of a new facility, parking, equipment and appurtenances, and all other related project costs; (d) $175,000 for the design and construction of a replacement walkway between the parking lot and Building C at Kaelepulu Elementary School; and (e) $30,000 for the design and construction for a windbreaker system for the covered walkway between Buildings E and G at Enchanted Lake Elementary School. School principals conveyed their top priorities to Sen. Tokuda, which included some of the above. 4) Budget Deficit Solutions The legislature covered the $2.1 billion deficit for July 1, 2008 to June 30, 2011, by implemented the following solutions, totaling $2.3 billion: (a) General Fund budget cuts and lapses, $1.1575 billion, 50% of deficit; (b) carryover beginning balance, $330 million, 14%; (c) credit adjustments, loopholes, penalties, enforcement, $319.4 million, 14%; (d) tax revenue increases, $237.4 million, 10%; (e) non-General Fund changes, $150.2 million, 7%; and (f) federal stimulus, $115.4 million, 5%. 5) Revenue Projections The revenue projections have decreased further in the past few weeks. 6) Questions, comments, and concerns followed: 1) 2) Islam Day The logic behind Sen. Tokuda's support of Islam Day was questioned. The proposal to have an Islam Day was in a resolution, not a bill, so it's not a law, and no specific date has been set. There was no extensive testimony against the resolution, and it doesn't seek to put one faith over another; for example, there is already a Buddhist Day. The goal is be all inclusive and recognize the contributions. Representative Pono Chong Rep. Chong circulated his report and was available for questions. Questions, comments, and concerns followed: 1) Balancing the Budget All options must be considered to balance the State budget; Rep. Chong felt that the GET should only be increased as a last resort. Enos departed at 8:40 p.m.; 16 members present. 2) Transient Accommodations Tax (TAT) Many states have State, County, and City/Town taxes, opposed to Representative Chris Lee Rep. Lee distributed his report and furnished the following information: 1) Report Focus His report focused on items that were funded for the district. 2) Newsletter A newsletter is being created, and will hopefully be finished before the next meeting. 3) 4) 5) Lanikai Roadwork There have been some contractual disputes between BWS and the contractor for the roadwork in Lanikai; therefore, no timetable for the resurfacing is available. Questions, comments, and concerns followed: 1) Medical Tort Reform Rep. Lee will follow up on what happened to the issue of medial tort reform during this legislative session. 2) Representative Cynthia Thielen Rep. Thielen circulated her report earlier in the meeting. Councilmember Ikaika Anderson Councilmember Anderson distributed his report and emphasized the following: 1) Last Board Meeting He apologized for not having a representative at the last Board meeting (in May); the 3Talk meeting was mistakenly scheduled on the same night. 2) Bill 42 Relating to Charges for 3) Budget Issues The City Council reduced Mayor Hannemann's proposed budget by $30 million. The parking rate increase was changed to $0.75 instead of $1.50, and the property tax decrease originally called for will not be implemented. The current property tax increase being considered is to raise the rate from $3.29 to $3.42 per every $1,000 of value to provide the $6 million to continue the curbside recycling program, which is a priority in the City Charter. Councilmember Anderson is opposed to the $175 homeowner-occupant property tax credit, because he does not feel it's proper to take more money in property tax just to give it back, and would prefer keeping the tax rate low with no credit. 4) Trees in Questions, comments, and concerns followed: 1) Agencies Meeting at Kailua Beach Park (KBP) Councilmember Anderson was not notified of the meeting at KBP between DLNR and DPR regarding the signs; he will follow up to see why no one was notified. 2) Lanikai Roads BWS gave assurances that the Lanikai roadways will be returned to their original condition; Councilmember Anderson will follow up on a timetable for resurfacing. 3) Bill 6 Related to Bed and Breakfasts (B&Bs) This Board, along with eight other NBs, opposed Bill 6, which would allow B&B expansion. Councilmember Anderson is opposed to Bill 6, but is open-minded on the B&B issues, and welcomes community participation in the process. Testimony has been received from both sides of the issue. Councilmember Anderson stated that the hearing process before the State Planning Commission should be continued; however, if he had to vote now on Bill 6, he would vote against it, in part due to its wording. More enforcement of the current rules relating to B&Bs is needed, and the process needs improvement. 4) 5) Rail Transit Project Councilmember Anderson stated during his election that he would abide by the area voters' decision against rail transit, and will try to keep the promise; however, it was noted that a majority of the residents on 6) Increasing Council Size The reason given for the introduction of the Resolution 09-156, to increase the number of councilmembers to 11 was to lower the workload of the current councilmembers. Each councilmember represents approximately 100,000 people. The extra seats are proposed to be at-large seats, which would not lower the workload, since their constituents would be all A motion to add an agenda item relating to the funding of the rail transit project was ADOPTED by UNANIMOUS CONSENT (16-0-0) (AYE: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Fernandez, Glanstein, Lindgard, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong). RAIL TRANSIT PROJECT FUNDING: Tomasa moved, and Chinen seconded, that the Kailua Neighborhood Board No. 31 requests the addition of a proviso to the City budget that states: No local funds should be encumbered for rail until the Federal Transportation Administration (FTA) issues a Record of Decision (ROD) ensuring allocation of federal funds to the City and County of Honolulu. Discussion ensued 1) Financial Issues: The comments above during the Residents and Community Concerns portion of the agenda were reiterated, focusing on the possible unfeasible rail financing, especially if the federal funding isn't received as anticipated. Concern was repeated about spending local money on the project before the federal assurance of funding is received, and that the encumbrance may persist regardless of the ROD. About 19% of the City budget will be devoted to debt service alone on the proposed revenue bonds. 2) Issuance of Revenue Bonds: The Council will still have the opportunity to approve the bond issuance, and may revoke it and not issue the bonds if the federal funding is not received. 3) Purpose: It was again alleged that the purpose of this seems to be to kill the rail project, which was denied. The sentiment was expressed that rail costs too much for too little, won't solve the traffic congestion, and will create debt for generations to come. Lindgard departed during the above discussion at 9:15 p.m.; 15 members present. The motion that the Kailua Neighborhood Board No. 31 requests the addition of a proviso to the City budget that states: No local funds should be encumbered for rail until the Federal Transportation Administration (FTA) issues a Record of Decision (ROD) ensuring allocation of federal funds to the City and County of Honolulu was NOT adopted 9-6-0 (AYE: Bartley, Best, Chinen, Corcoran, Prentiss, Retherford, Tomasa, Ure, Wong; NO: Bratt, Brooks, Bryant-Hunter, Fernandez, Glanstein, Weinberg). PRESENTATIONS: 1) Proposed Closure It was first proposed to close KCC on July 31, 2009, and then the date was moved up to July 17, 2009. The closure would require over 100 clients to go to the 2) Clients KCC's clients (mental health patients) have difficulty thinking and expressing themselves, and can't attend these meetings, but it was stressed that their voices should still be heard. It's very important to them that this center be kept open. 3) Misinformation The handout contained an article from the May 11, 2009 edition of the Honolulu Advertiser, which reported that the lease rent paid for the KCC facility was $50,000 per year; however, the actual amount of lease rent paid is about $24,000 per year. Weinberg departed during the above presentation at 9:29 p.m.; 14 members present. Tomasa moved, and Bryant-Hunter seconded, that the 1) Support It was felt Mr. Callaway presented the case well, and the Board should support the motion. 2) Clients The clients of KCC are a particularly vulnerable population and not easy to uproot. The motion that the Kailua Neighborhood Board No. 31 requests the State Department of Health to postpone closure of the Kailua Counseling Center until: (1) a State-owned building in Kailua, or State land in Kailua is found to accommodate the counseling center; and (2) broader assessment of impact upon patients has been conducted, was ADOPTED UNANIMOUSLY 14-0-0 (AYE: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong). Reason for Presentation Two trees were removed from KDP, and they will be replaced with the Queen's Hospital White Rainbow Shower (QHWRS) tree in the next week. On Questions, comments, and concerns followed: 1) Royal Poinciana (RP) Trees DPR does not plant RP trees anymore because older RP trees have caused problems, such as decaying, breaking, and failing; in addition, the RP trees have a short lifespan. However, it's clear the community wants the RP trees along 2) Queen's Hospital White Rainbow Shower (WHWRS) Trees The QHWRS has a much longer lifespan than the RP trees and less problems. 3) Tree Education Needed More education about the benefits of trees, and the benefits of different species of trees, is needed; implementing a Tree Month, or something similar to provide education, was suggested. In addition, classes are needed to teach people how to take care of their trees, pruning, etc., and who to contact if they have problems with trees. 4) Notification Process The notification process needs to be examined, and must include notice to adjacent property owners. DPR representatives expressed that the lesson about proper notification to area residents before decisions are made, was learned. 5) Removal and Replacement Plan It was recommended that plans for notice and replacement be created before any trees removed. DPR did create a plan, with the help of the LOC, but the contractor began removing trees before the adjacent property owners were notified of the plan. Chinen moved, and Ure seconded, that the Kailua Neighborhood Board No. 31 recommends that trees under the jurisdiction of the City and County of Honolulu Department of Parks and Recreation be removed or pruned only in accordance with the following: (1) in a public safety emergency, or (2) after an attempt has been made to notify all adjoining residents, and (3) a plan for replacement of trees to be removed has been presented to the public at a community meeting. Discussion ensued: 1) Location of Trees It was noted that the motion included trees in parks as well as on sidewalks. The amendment to insert "street" before "trees" was ADOPTED by UNANIMOUS CONSENT (14-0-0) (AYE: Bartley, Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong). 2) Opposition to Motion The motion may be too vague, and the law currently doesn't require a specific process for tree removal/replacement notification. It was voiced that just because DPR made one mistake, the rules don't need to be changed. If the words "or pruned" were struck out of the motion, then more would support it, since pruning is an ongoing process, and notification may not be needed. Many didn't support the wording of the motion. Comments were made that the motion was reactionary and unnecessary. 3) Communication with 4) How the Mistake Occurred The mistake occurred on the part of the contractor, who failed to notify DPR that they were ready to start the project, and just began removing trees; this precluded DPR from being able to notify the neighbors before the trees were removed, as their practice has been. 5) Support for Motion The affected residents on 6) Emergency or High Priority Situations In emergency or high-priority situations, DPR may be unable to give notice to neighbors before removing trees. This 7) Going Forward A flyer is being developed to distribute to the affected neighbors on 8) Tree Replacement DPR has a good record of replacing trees removed; however, sometimes they experience difficulty with property owners who don't want the tree to be replaced. The motion, as amended, that the Kailua Neighborhood Board No. 31 recommends that street trees under the jurisdiction of the City and County of Honolulu Department of Parks and Recreation be removed or pruned only in accordance with the following: (1) in a public safety emergency, or (2) after an attempt has been made to notify all adjoining residents, and (3) a plan for replacement of trees to be removed has been presented to the public at a community meeting, was NOT adopted 1-8-5 (AYE: Prentiss; NO: Bartley, Bratt, Brooks, Bryant-Hunter, Chinen, Fernandez, Glanstein, Retherford; ABSTAIN: Best, Corcoran, Tomasa, Ure, Wong). Neighborhood Assistant Rachel M. Glanstein departed at 10:06 p.m.; Secretary Linda Ure composed the remainder of the minutes. 9) Director of City Department of Parks and Recreation (DPR) DPR Director Les Chang was thanked for his help in addressing the BOARD BUSINESS: Without objection, the motion under the Transportation and Public Works Committee was taken first. Transportation and Public Works Committee (TPW) Motion: The motion was that the Kailua Neighborhood Board No. 31 requests the City Department of Transportation Services study the potential for the installation of speed abatement devices on Kaha Street between Kahapai and Oneawa Streets, which was ADOPTED 13-0-1 (AYE: Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong; ABSTAIN: Bartley). Brooks departed during this portion of the meeting; 13 members present. Government and Community Services Committee (GCS) Motion 1: The motion was that the Kailua Neighborhood Board No. 31 opposes Bill 42 (2009) as it conflicts with Neighborhood Board's mission statement as found in the City Charter, Article 14-101, Neighborhoods and Neighborhood Boards Neighborhoods and Neighborhood boards to increase and assure effective citizen participation in the decisions of government shall be established in accordance with a neighborhood plan. Chinen moved, and Corcoran seconded, to amend the motion to read: The Kailua Neighborhood Board No. 31 opposes charging fees to anybody making presentations to the Neighborhood Board, as stipulated in the City Council Bill 42 (2009), which was ADOPTED by UNANIMOUS CONSENT (13-0-0) (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong). The motion, as amended, that the Kailua Neighborhood Board No. 31 opposes charging fees to anybody making presentations to the Neighborhood Board, as stipulated in the City Council Bill 42 (2009), which was ADOPTED UNANIMOUSLY 13-0-0 (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong). Motion 2: The motion was that the Kailua Neighborhood Board No. 31 shall convene a Committee of the Whole meeting in July 2009 to address process issues with new and continuing Board members, which was ADOPTED 10-1-2 (AYE: Bartley, Best, Bratt, Chinen, Corcoran, Fernandez, Glanstein, Retherford, Ure, Wong; NO: Prentiss; ABSTAIN: Bryant-Hunter, Tomasa). Fernandez and Tomasa departed during this portion of the meeting; 11 members present. Motion 3: The motion was that the Chinen moved, and Ure seconded, to amend the motion to read: The Kailua Neighborhood Board No. 31 supports the legislative intent of Bill 9 (2009) relating to the Real Property Tax Credit for Low-Income Homeowners provided that the calculated property tax income credit remains at 4% or less of the titleholders income or $50,000 or less of the combined titleholders income for the previous year, which was ADOPTED UNANIMOUSLY 11-0-0 (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Glanstein, Prentiss, Retherford, Ure, Wong). The motion, as amended, that the Kailua Neighborhood Board No. 31 supports the legislative intent of Bill 9 (2009) relating to the Real Property Tax Credit for Low-Income Homeowners provided that the calculated property tax income credit remains at 4% or less of the titleholders income or $50,000 or less of the combined titleholders income for the previous year, was ADOPTED 10-1-0 (AYE: Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Glanstein, Prentiss, Retherford, Ure, Wong; NO: Bartley). Motion 4: The motion that the Kailua Neighborhood Board No. 31 supports Bill 32 (2009) relating to the minimum real property tax provided that the real property tax minimum not be less than $100 was NOT adopted 6-1-4 (AYE: Best, Bratt, Chinen, Corcoran, Glanstein, Ure; NO: Prentiss; ABSTAIN: Bartley, Bryant-Hunter, Retherford, Wong). Motion 5: The motion that the Kailua Neighborhood Board No. 31 opposes Bill 33 (2009) because it is an omnibus bill which is overly broad in attempting to eliminate property tax exemptions was ADOPTED UNANIMOUSLY 11-0-0 (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Glanstein, Prentiss, Retherford, Ure, Wong). Non-Committee Motions Motion 1: The motion was that the Kailua Neighborhood Board No. 31 approves Paradise Film (Tinkle Malama) to videotape the July 2, 2009 meeting for Olelo broadcast, which was ADOPTED by UNANIMOUS CONSENT (11-0-0) (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Glanstein, Prentiss, Retherford, Ure, Wong). Motion 2: The motion that the Kailua Neighborhood Board No. 31 shall transmit comments from the Government and Community Services Committee on the cost saving proposals for fiscal year 2010-2011 to the Neighborhood Commission Permitted Interaction Group by July 1, 2009 was WITHDRAWN by UNANIMOUS CONSENT (11-0-0) (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Glanstein, Prentiss, Retherford, Ure, Wong). COMMITTEE REPORTS: Due to time constraints, the committees who gave their memoranda of record to Secretary Ure would have them included in the minutes in lieu of reports, except announcements. Transportation and Public Works Committee (TPW) The following items are still outstanding and awaiting a response from DTS: 1) Wheelchair ramps at the corner of 2) School children need a clearly defined crosswalk with large readable signs at the McDonald's intersection (similar to signs installed at 3) Wanaao Street between Kailua Road and Keolu Drive intersection needs to be looked at and crosswalks installed where necessary (note: that there are plans for a repaving of parts of Wanaao after the completion of the sewage project). 4) 5) Security is an issue for the parking structure at Lani Huli ( 6) At the intersection of Parks and Recreation Committee (PR) The following updates were provided: 1) Water a) Buoys: Loosened bolts, copper wire around shackles need to be tightened. b) Gill Nets: 2/3 is permissible: at c) Boats moored; anchored offshore in Hawaiian water must move at least every 72 hours (including Lanikai). d) Catamarans also need the e) Mangrove in Kaelepulu stream were cut at 6 inches above water, now new shoots and trash collect in left-over roots. The soil was undisturbed as that would require a dredging permit; and an Special Management Area (SMA) permit to operate in a Hawaiian waterway. 2) Graffiti was not removed in 3) SHA: cones were set out on 4) Sand sweeping of debris is the maintenance responsibility of the City? DLNR? And the sand not get cleaned nearer the sand grabber. 5) Community Policing policing of parks and neighborhoods, including alleged illegal activities in parks, at R-O-Ws and in DLNR waters will be monitored by Parks committee and will be referred to Public Health, Public Safety, and Civil Defense Committee. 6) DLNR Wedding Events website update: Email directly to Steve Molmen (Steve.Molmen@hawaii.gov) as website is not yet operational. Monitor legislation in the 2009-10 session. Currently wedding permits are issued by DLNR, Photographer Permits are issued by DBEDT and both are negatively impacting residential communities as HPD, DTS, 911, DLNR, DBEDT, HTA (and HVBC) are slow to respond to complaints or respond not at all. Violations will be co-referred to Public Health, Public Safety & Civil Defense as well and Planning, Zoning & Environment Committees. 7) Proposed Thrill Craft legislation passed State Legislature- monitor impacts 8) DPR Windward Parks re: status of Repairs and Replacements at Windward Parks a) Kailua District Park roof damage to Gym Building, DDC is examining liability of contractor and pre-existing conditions prior to last new roof. Pool at b) Signage at Kailua Beach Park for exit from parking lot (which is one-way) needs to be re installed at correct location so that DO NOT ENTER is clearhas been addressed to the City Department of Facilities Maintenance (DFM). c) Paddle Boards are occurring in North Shore and Kailua Bay with consequences to swimmers, signage, and missing buoys are of concern, lifeguards, enforcement are of concern, continue discussion, action. Concerns over missing buoys was again directed to DLNR for resolution. Replacements 2-23, 3-23 have been tampered with and will be re-installed as DLNR receives new buoys. 9) Sand a) Beach Erosion Control Study DLNR City UHM USACOE ELRB studies ongoing; trees that are in danger of toppling are being removed as necessary after examination. b) Beach erosion rises to level of unsafe conditions for beach goers, especially c) Replenishments at d) Removal and Redistribution paths, driveways, beach, sand fences were re-erected and vandalized again, sand removed from paths, 10) Capital Improvement-Repairs-Maintenance continue to monitor, CIP ground lights for 11) Opening and closing of berm at Kailua Beach Park ocean-side of Kawailoa Road Bridge in protection of both Kailua Bay and Enchanted Lake update anticipate presentation at full board in future. 12) Parks agreement to have Kayaks launch from Kaelepulu Stream health hazard, potential liability, lack of signage. DLNR and existing Kailua Beach Master Plan designate Kaelepulu Stream mouth as Kayak launch area. Address inquiry to DLNR, DFM, DPR for concerns. 13) Request for permit to construct a parking lot adjacent/near to Buzz's Steak House referred to the Planning, Zoning & Environment Committee (PZE). Public Health, Public Safety, & Civil Defense Committee (PHPSCD) No report. Government and Community Services Committee (GCS) The following updates were provided: 1) OIP inquiry: The Government & Community Services Committee shall craft a letter of inquiry to Office of Information Practices relating to insufficiency of Neighborhood Board agenda details. 2) The Executive Committee is requested to place the Neighborhood Board Mission Statement back on the agenda. 3) Assembly of Neighborhood Board Chairs: Regional Conference of Chairs has been requested of the executive committee for arrangements. 4) Committee of the Whole previously addressed in the meeting. Structure of 7-1-09 KNB, Committees, Permitted Interaction Groups and Housekeeping 5) Public Service announcement shall continue for July meeting; donations of non-perishable foods diapers & toilet tissue continue donation box at KNB meetings. 6) City Council bills previously addressed in the meeting: a) Bill 42 (2009) b) Bill 9 (2009) c) Bill 32 (2009) d) Bill 33 (2009) 7) Proposed Legislation 2009-10: This GCS committee will continue to follow pertinent legislation dealing with issues of concern addressed by individuals, other board committees, or of a general 8) Council District 3s Councilperson Ikaika Anderson represents the communities of Waimanalo, Kailua, and Kaneohe, and the GCS committee will continue to aggressively monitor any proposed or pending issues before the City Council and its subject committees. These including zoning, property taxes, transportation alternatives, services options, enforcement consideration, budget matters and capital improvement project, including but not limited to beaches and parks. 9) Emergency Preparedness a) Windward Health Network Discussion will continue to focus on proposed new services, new revenue sources, identification of need, and any pending healthcare-related legislation. Next meeting will be in July. b) 10) Group Homes and Service Agencies Many agencies are being unfunded or underfunded. 11) Animal Cruelty: Advocacy and Education: Safe Hiking Trails (HCR60) was amended to mediate with Na Ala Hele Advisory Council of DLNR, Tethering (SB1222 SD1) Clarifies Animal Cruelty Laws. The Bill was passed with Section g removed. Temporary Restraining Orders and Hoarding of Animals may not be further addressed this session, continue monitoring. 12) Neighborhood Plan MMVIII amendments are required. 13) Neighborhood Commission. The issue on its May 18, 2009 agenda dealt with NB agenda template included an Executive Session closed to the public. 14) Fire Hydrant Inspections will be introduced to board post-City Council Elections and seating of new board. Executive Committee Treasurer's Report: The report indicated that (a) the Operating account expended $32.69 for printing and $80.52 for mailing the agenda/minutes to the 132 recipients on the postal mailing list, resulting in a balance of $202.37; (b) the Publicity account reflected no disbursement of funds for Pardadise Film in June and the balance remains at $628; and (c) the Refreshment account expended $18.78 for the Candidates' Night Forum, resulting in a balance at $44.68. Planning, Zoning and Environment Committee (PZE) No report. Permitted Interaction Groups No updates were provided. Civilian-Military Council (CMC) Representative 1) New Name for Air Station: The Kaneohe MCBH Air Station has a new name (not the MCBH itself). 2) Job Fair: A MCBH job fair will be held on June 19 at MCHB (flyers were available). 3) BayFest: BayFest at MCBH will be held from August 14 to 16 this year. ANNOUNCEMENTS: Chair Pro Tem for July Board Meeting Wong is the Chair Pro Tem for the July Board meeting; should she be unable to fulfill the duty, the next member with the longest continuous service on the Board is Lindgard. ADJOURNMENT: The meeting adjourned at 10:40 p.m. ----- Submitted by: Rachel M. Glanstein, Neighborhood Assistant and Linda Ure, Board Secretary |
| Monday, June 29, 2009 |