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DRAFT REGULAR MEETING MINUTES
THURSDAY, MARCH 5, 2009
CALL TO ORDER: Chair Charles Prentiss called the meeting to order at 7:06 p.m., with a quorum of 17 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, Kathy Bryant-Hunter, Jon Chinen, Jim Corcoran, Michael Correa, Virginia Enos (left at 9:53 p.m.), Catie Fernandez, Debbi Glanstein, Knud Lindgard (left at 9:54 p.m.), Charles Prentiss, Ursula Retherford, Claudine Tomasa, Linda Ure, Ronald Weinberg (left at 9:53 p.m.), Donna Wong.
MEMBERS ABSENT: Michele Brooks, Shawn Christensen.
VACANCIES: None.
GUESTS: Capt. D. Kahaulelio (
ANNOUNCEMENTS: Chair Prentiss extended the Board's condolences to the late Councilmember Barbara Marshall's family.
APPROVAL OF MINUTES:
February 5, 2009 Regular Meeting Minutes The February 5, 2009 regular meeting minutes were APPROVED AS CIRCULATED by UNANIMOUS CONSENT (17-0-0) (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong).
AGENCY (AND OTHER) REPORTS:
1) February 2009 Statistics There were 3 structure, 1 wildland, 7 rubbish, and 6 vehicle fires; there were 87 medical emergencies, 8 search/rescues, and 30 miscellaneous calls.
2) Fire Safety Tip Cooking fires are the leading cause of home fires and fire injuries. If you are cooking and must leave the kitchen, even for only a few minutes, turn off the stove. Avoid distractions while cooking. Keep ignitable items at least three feet away from the range top. Keep an ABC-rated fire extinguisher near the kitchen and learn how to use it.
Questions, comments and concerns followed:
1) Search/Rescues The majority of the search/rescues are on
2) Open Burning in Residential Areas HFD has the authority to put out open fires in residential areas, although there is an exception for open fires used for cooking, unless the fire is out of hand. On rare occasions, permits are issued for religious activities involving fires near residential areas.
Honolulu Police Department (HPD) Lt. J. Cheong distributed the report, and highlighted the following statistics:
February 2009 There were 1 aggravated assault, 12 simple assault, 6 auto theft recovery, 13 burglary, 1 counterfeit/forgery, 8 drugs/narcotics, 5 driving under the influence, 8 fraud, 9 injured cared for/sick cared for, 5 motor vehicle theft, 2 missing person, 26 property damage, 71 motor vehicle accident, 7 order violation, 3 rape, 1 robbery, 10 runaway, 6 runaway cancelled, 3 sex assault, 41 theft, 11 threatening, 1 trespass, 4 truancy, 41 unauthorized entry into a motor vehicle, and 12 warrant arrest cases.
Questions, comments and concerns followed:
1) Bicycle Accident A bicyclist was hit head on while in the bike lane, and speed and alcohol were not found to be factors in the accident. Motorists need to watch out for bicyclists. HPD was thanked for their increased enforcement of reckless driving; officers are trying to be more proactive and are paying special attention to the prevention of critical accidents.
2) Car Break-Ins Most car break-ins occur at beach parking lots, followed by shopping center parking lots; however, there are break-ins that occur in vehicle carports while the owners are home. Everyone was cautioned against leaving anything in plain view in their vehicles and to lock the vehicles.
Marine Corps Base
1) Air Field Hours of Operation March 2009 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.; Sundays and holidays, closed. On March 2, Runway 4 reopened after maintenance and upgrades. Fixed wing aircraft returned to MCBH, and Air Force C-17s have also resumed use of MCBH air facilities when needed. From March 2 to 13, Hawker Hunter jets will be operating in the area in support of training exercises.
2) Recent/Upcoming Events The following recent or upcoming events were detailed: (a) February 21 Landfill 24 at Bellows Beach cleanup completion/reopening blessing ceremony; (b) February 25 Marine Corps Forces Pacific Band performed in the Prince Kuhio Parade downtown; (c) February 27 an endangered monk seal was released back into the wild after staying at MCBH; (d) February 28 more than 2,100 people attended the 15th annual "Swamp Romp" at MCBH's Nuupia Ponds; (e) March 7 to 8 Waimanalo Beach Park closures due to tree-cutting; (f) March 11 MCBH received responses from nearly 150 businesses for the "Industry Day" seminar (on March 11) about how to do business on base (call 254-7697 for more information); (g) March 17 Navy League recognizing certain service members from all branches deployed to combat zones at a luncheon and award ceremony; and (h) March 23 MCBH will host 150 JROTC cadets from Kalaheo, Cast, Radford and Campbell high schools for a joint training day.
3) Homecomings/Deployments Deployed are the Marine Heavy Helicopter Squadron 362, HQ Company 3rd Marine Regiment, Combat Logistics Battalion 3, and Patrol Squadron 9. Leaving soon are the 3rd Battalion, 3rd Marine Regiment to
Questions, comments and concerns followed:
Senate Concurrent Resolution 24 (SCR 24) Relating to Ewa Field Sgt. Tuthill will follow up on the Marine Corps' position on SCR 24, relating to the preservation of Ewa Field.
Board of Water Supply (BWS) No report.
1) Change in Leadership Dr. Bruce Anderson was appointed the first director of the Health and Science Programs at HPU. Dr. Anthony Ostrowski will serve as interim president of Oceanic Institute in his place until a permanent successor is named.
2) Pappas Entrepreneurial Leadership
COMMUNITY ISSUES AND ANNOUNCEMENTS:
Chair's Announcements Chair Prentiss announced that Wong was selected by the Hawaii State Commission on Status of Women as the 2009
Youth 2 Youth Inc. (Y2Y) Shannon Kala-Wilsey circulated handouts and summarized the following information:
1)
2) Training and Goals There is training through sports and activities with a main goal of reducing crime and helping the youth to succeed. The 18-24 year-olds are trained and they work with the 11-17 year-olds, since it's been shown that 11-17 year-olds are more likely to listen to youth than adults.
3) Non-Profit Status Y2Y has applied for non-profit status with the Internal Revenue Service.
4) Contact Call 861-2251 or visit www.y2yinc.com for more information
Questions, comments and concerns followed:
1) Community Organizations Although Y2Y met with the Boys and Girls Club in July 2008, there was concern from the club about a possible bad reaction from the community; however, it is important that community-based organizations work together.
2) Youth Base The youth are from the windward side
3) Funding After a curriculum for Y2Y is developed, legislative support will be requested. There will be some funding available in April or May, and Y2Y is still looking for more funding and general support. Ms. Kala-Wisley is currently working on the budget and business plan and anticipates completion soon; she will return to the Board with an update or progress report in the future.
Windward Spouse Abuse Shelter (WSAS) Thanks NB#31 Corcoran read into the record a letter from WSAS: On behalf of the women and children at the Windward Spouse Abuse Shelter we thank you for your very generous donation of toilet paper, canned goods and toiletries. It's donations like yours that really count. All of us here are grateful to you for such generosity. We greatly appreciate your hard work and dedication in supporting us. As an IRS 502(c)3 non-profit organization, we sincerely appreciate your support of the work we do. As you know, we work with women and children involved in domestic violence, offering these families FREE emergency shelter, food, clothing, referral services, counseling and a safe haven where they can think and heal. Our hope is that our community of friends, family, churches, and businesses continue to give "Hale Ola" (House of Life in Hawaiian) their support. Again, Thank you for your awesome generosity and kindness. Avis Alokele Kalama, Executive Director. He noted that the Board has a food collection box present at every Board meeting to collect food and other donations to charity.
Open City Council Seat Chair Prentiss indicated that the City Charter requires an election to fill the empty Council seat within 60 days, and that candidates have been filing for election.
Report from Councilmember Barbara Marshall's Staff J. Ikaika Anderson distributed handouts and thanked everyone for their thoughtful calls, letters, cards, etc. Services for Councilmember Marshall will be held on March 14 at the
PRESENTATIONS:
Condominium Property Regime (CPR) Cynthia Yee, from the State Real Estate Commission (REC), circulated a handout and gave the following PowerPoint presentation:
1) Goals for Presentation The goals are to: (a) define a condominium and how it's created; (b) explain the condominium project registration process; and (c) describe enforcement of Hawaii Revised Statutes (HRS) 514B, the new condominium law (the old law is HRS 514A).
2) Disclaimers The information is provided for educational purposes only. If there are any inconsistencies between the materials, information presented, and the laws, then the laws control. This is not an exhaustive discussion of the laws, which are subject to change annual by the legislature. Information and presentation of the laws are not substitutes for the actual reading of the laws or seeking legal advice. Any interpretation or opinions included are informal and nonbinding. Interpretations of the law may be found in declaratory rulings, attorney general opinions, and court rulings.
3) Condominium Definition Pictures of different condominiums were displayed, demonstrating that condominiums do not have to be apartment buildings, they may also be comprised of townhouses or separate houses with defined common areas/elements. A condominium is just a form of ownership of real estate. HRS 514B-3 defines "condominium" to mean real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions; in addition, real estate is not a condo unless the undivided interests in the common elements are vested in the unit owners.
4) CPR Summary The process of creating a condominium is often referred to as "CPR-ing" the property, which entails submitted it to a CPR, and refers to the specific form of ownership and governing process created when real property becomes a condominium.
5) Misconceptions Regarding the REC The REC does not approve or disapprove of condominium projects. The developer's public report is a disclosure document, not a request for approval. The REC has only limited authority over certain portions of the condominium law.
6) Misconception Regarding CPR Zoning and Use Creating a condominium can increase the units permitted on the property but cannot change the property's permitted use; for example, property zoned for residential use cannot be changed to allow vacation use. CPRs must conform to the existing underlying County zoning for the property and all applicable County permitting requirements adopted by the County in which the property is located.
7) Creation of a CPR A condominium is created when all of the owners of the fee simple interest in the land execute and record the following documents in the State Bureau of Conveyances (BOC) and/or
8) CPR Documents The Master Deed (or Lease) means any deed (or lease) showing the extent of the interest of the person submitting the property to the CPR. The Declaration of CPR is an instrument that creates a condominium that must contain certain information (i.e., land description, condominium map number, number of units and buildings, permitted uses, boundaries, common and limited common elements, percentages of common interest, which dictates the percentage of ownership and voting power, developer's rights, etc.). A condominium map is a map or plan of the CPR containing information about the site plan, elevation, floor plans, layouts, dimensions, parking, common and limited common elements, etc. The Bylaws govern the operation of the condominium and include information pertaining to governance, such as the number of members of the board, officers, qualifications, election and term, delegation, method of amendment, votes required, annual association meetings, etc. Other governing documents that are not normally recorded in the BOC or
Questions, comments and concerns followed:
1) Bylaws Bylaws are not required to contain provisions relating to proxy voting, since there are proxy voting provisions in HRS 514B that apply. Initial bylaws for a condominium are usually drawn up by the developer of the project; some consider certain provisions in the bylaws to be ethically questionable if they are written by the developer (such as who serves on the initial board of directors).
2) CPR Versus Horizontal Property Regime The original condominium statute was enacted in 1961, with the first recodification done in 1977; it may have been in 1977 that the original title Horizontal Property Regime (HPR) changed to CPR. Some HPRs in Hawaii Kai didn't choose to be part of the change.
3) CPR Laws The laws pertaining to CPRs, now HRS 514B, sets difficult limits, such as the requirement of 67% of all owners to agree to change the bylaws, and the unrealistic limit of $25,000 for all condominiums. Ms. Yee indicated that an individual owner or organization may go to court and request excusing from the 67% if it's necessary and reasonable. The current law requires the disclosure of condominium documents, which protects the buyer.
4) Dissolving a CPR There are several instances where a CPR removed itself from the CPR; 514B requires 80% to 90% of owners to agree and then papers to remove them from the CPR may be drafted.
5) CPRs in Residential Neighborhoods Concern was expressed about the stability of CPRs and the possible social consequences of allowing CPRs in residential areas with mainly single family homes. If the CPR has five or less units, then they don't have to follow the same governance rules as larger CPRs.
6) Enforcement, Complaints, and the City's Role Zoning rules must still be followed, which are enforced by the City; if the developer misrepresents his/her intent, complaints may be filed with the REC. A developer is required to submit the documents to the City, which then submits comments to the REC (i.e., non-conforming structures); these comments could prevent the sale of units until certain violations are cured. There are certain provisions that REC is allowed to investigate; complaints of any violations may be filed with the Regulated Industries Complaint Office (RICO).
7) Legislation REC only enforces the provisions set by the legislature; contact the legislators if more legislation is desired to require approval of bylaws before a CPR is accepted. REC is only given rulemaking authority for certain issues provided for by the provisions in the law.
8) Land Ownership There are both fee simple and leasehold condominiums; in the fee simple case, the owners jointly own the fee simple interest in the land.
Unregulated Use of Hunting Dogs Inga Gibson, the Hawaii Director from the Humane Society of the U.S. (HSUS), and Linda Vannatta, the founder of the Citizens for Safe Hiking (CSH), distributed a handout and covered the following items from their PowerPoint presentation:
1) CSH
2) Lack of Regulation and Enforcement Regarding Use of Hunting Dogs Currently there is little regulation and enforcement regarding the use of hunting dogs in
3) Trail Rules The Manoa and Kuliouou ridge trails are two of the most popular hiking trails in
4) Hunters' Opinion The Oahu Pig Hunters, supported by DLNR, recommend that hikers on
5) Abandonment of Hunting Dogs The HSUS is particularly concerned with the welfare of both the dogs used in hunting and the wildlife pursued. It was noted that abandoned or lost dogs may be struck by vehicles. Often abandoned hunting dogs die as a result of starvation, dehydration, predation or exposure, or may burden local animal shelters that are left to care for them.
6) Poor Treatment of Hunting Dogs Without adequate regulation and enforcement, some hunters treat their dogs inhumanely, more like hunting equipment than live beings, withholding the proper care and attention. Some do not give the dogs the care or attention they require and deserve, and keep these social animals in improper confinement (even tethering or chaining) the majority of their lives, with little or no exercise outside the hunting season. Both the U.S. Department of Agriculture and the American Veterinary Medical Association condemn the practice of tethering or chaining dogs for long periods of time. The HSUS is concerned about the welfare of all dogs, pet and hunting dogs.
7) Training of Hunting Dogs Animal welfare concerns originate even before the hounds reach the field there are many training practices that place dogs in unnecessary danger of injury or death, and result in the torment and death of wildlife. Hunters often teach "bloodlust" by allowing dogs to tear apart small or young animals, believing this will make them more aggressive during the hunt. During the hunt, hunting dogs may be maimed or killed during the hunt.
8) Pros and Cons of Hunting with Dogs The pros of hunting include fun, food, and exercise; however the cons include abuse and neglect of hunting dogs, dogs killed or maimed by game animals or left behind. Other consequences have been that game animals are brutally killed or pets near popular hiking trails are injured or killed by unleashed hunting dogs.
9) Solution The State needs requirements for the use, training, identification, registration and keeping of hunting dogs, to ensure humane treatment.
10) Financial Burden In addition to animal suffering, local humane societies and taxpayers bear the financial burden of such irresponsible hunters.
11) House Concurrent Resolution 60 (HCR 60) HCR 60 states: Be It Resolved by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, That the University of Hawaii at Manoa, College of Social Science, Public Policy Center and Spark M. Matsunaga Institute for Peace and Conflict Resolution are requested to convene a working group to explore the safe use of hunting dogs on public hiking trails; and Be It Further Resolved That the working group should include in the dialogue representatives from: (1) DLNR; (2) HPD; (3) Citizens for Safe Hiking; (4) Hawaiian Trail and Mountain Club; (5) Hawaii Dog Foundation; (6) Hawaiian Humane Society; (7) The Humane Society of the U.S.; (8) The Nature Conservancy; (9) The Sierra Club, Hawaii Chapter; (10) Hawaii Hunting Association; and (11) Oahu Pig Hunters Association.
Questions, comments and concerns followed:
1) Dialogue with Hunters Although there has been no direct contact with hunters by CSH or HSUS, the goal is to bring everyone together to discuss the issue. The HSUS is not opposed to hunting, only to egregious hunting and hunting that lacks sportsmanship; they are not opposed to the responsible use of hunting dogs.
2) Government's Lack of Response Government agencies were found to be unhelpful and unresponsive on these issues with hunting dogs.
3) Hunting Trails Not for Pets It was expressed that pets don't belong on hunting trails, and that pig hunters provide a public service by eliminating excess feral pigs. Some of the dogs deemed to be abandoned hunting dogs may be wild and not from the pig hunters.
4) Abandoned Hunting Dogs Many of the abandoned dogs are litters of hunting dogs; in fact, the humane society receives many abandoned hunting dogs.
5) Solutions A solution may be to require a registration and identification process for hunting dogs, and maybe there should be different hours for use of hiking trails to help reduce conflict.
6) Bill to Ban Eating Dogs The bill to ban the eating of dogs was deferred for this session.
The motion related to safe use of hunting dogs on public trails (agenda item IX. Motion 1) was brought up at this time, without objection.
BOARD ACTIONS [1]:
Government and Community Services Committee (GCS) [1]
Motion 1 [1]: GCS Chair moved that the Kailua Neighborhood Board No. 31 supports House Concurrent Resolution 60 (HCR 60) Requesting the University of Hawaii at Manoa, College of Social Sciences, Public Policy Center and Spark M. Matsunaga Institute for Peace and Conflict Resolution to Convene a Working Group to Explores the Safe Use of Hunting Dogs on Public Hiking Trails. Discussion ensued:
1) Support for HCR 60 The
2) Complicated Issue It's a complicated issue, since hikers' dogs may start the dog fight by barking at the hunting dogs. Often people using hiking trails don't follow the signs, both hikers and hunters.
3) Presentation from the Other Side Some Board members expressed reservations about the motion, since the hunting side was not also presented.
4) Experience with Hunting Dogs Examples of good and bad experiences with hunting dogs were shared.
The motion that the Kailua Neighborhood Board No. 31 supports House Concurrent Resolution 60 (HCR 60) Requesting the University of Hawaii at Manoa, College of Social Sciences, Public Policy Center and Spark M. Matsunaga Institute for Peace and Conflict Resolution to Convene a Working Group to Explores the Safe Use of Hunting Dogs on Public Hiking Trails, was ADOPTED 14-3-0 (AYE: Bartley, Best, Bryant-Hunter, Chinen, Corcoran, Correa, Enos, Glanstein, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong; NO: Bratt, Fernandez, Lindgard).
ELECTED OFFICIALS:
U.S. Congresswoman Mazie Hirono (Quarterly) Josh Wisch, from U.S. Cong. Hirono's Office, made handouts available and reported the following:
1) Stimulus Package Information was available on the stimulus package; Cong. Hirono voted for the package. The package will create or save 16,000 jobs in the State, with half of these jobs located on the Windward side of
2) House Appropriations Bill The U.S. House passed the Appropriations Bill, with Cong. Hirono in favor, which included $170 million for
3) Cong. Hirono Here in February and April Cong. Hirono was here in February to explain some economic issues, and will return in April.
Questions, comments and concerns followed:
1) Help to Save Jobs There's no easy answer to save everyone's job; however, one idea behind the stimulus package was the funding for ready-to-go projects that provide work. Furthermore, there will be an increase in unemployment benefits, and greater access to COBRA (health insurance) and foodstamps.
2) Help for Businesses There are provisions in the stimulus package for small businesses, and Mr. Wisch will follow up on the details; for more information, call him at 294-4679. Cong. Hirono is trying to keep local businesses informed through outreach and the Chamber of Commerce.
3) Stimulus Package on Website Beware of those using the package to set up scams; the full text and tracking of how the money is spent is available at www.recovery.gov.
4)
5) Moving Existing Funding Out Quicker There is some existing funds for transportation, and the goal is to get the funds out quicker than in the past.
Governor Linda Lingle's Office No representative present; concerns may be written down and the Board will forward them to Gov. Lingle's Office.
Senator Fred Hemmings Barbara Krasniewski, from Sen. Hemmings' Office, circulated the report and touched on the following points:
1) Senate Bill 701 (SB 701) Relating to Landfills SB 701 proposes to place a moratorium on any new solid waste landfill unit and the expansion of any existing private solid waste landfill units on the leeward coast on or after August 1, 2009. The State Department of Health (DOH) and the City both testified in opposition to SB 701, citing home rule issues and the fact that the City should be given the opportunity to evaluate all possibilities in order to select the most appropriate site for the City landfill. Sen. Hemmings voted against the bill and will continue to do so, since if the bill passes, it could negatively affect
2) House Bill 1443 (HB 1443) Regulating Home Occupations Sen. Hemmings is watching the progress of HB 1443 relating to the regulation of home occupations, which involves Bed and Breakfast (B&B) issues.
Senator Jill Tokuda Kamakana Kaimuloa, from Sen. Tokuda's Office, distributed the report and emphasized the following items:
1)
2) Kawai Nui Marsh Meeting A facilitated discussion regarding the Kawai Nui Marsh will be held at the Le Jardin Academy on March 28; call 587-7215 for the time of the meeting.
Questions, comments and concerns followed:
House Bill 444 (HB 444) Relating to Civil Unions Sen. Tokuda sees the issue of civil unions as one of civil rights, and therefore supports HB 444; contact her for more specific information.
Representative Pono Chong Janine Tully, from Rep. Chong's Office, circulated the report and made a correction to a response she made at the previous meeting regarding the raising of taxes: there are several bills relating to taxation, including one to increase the general excise tax for individuals.
Questions, comments and concerns followed:
1) House Bill 1443 (HB 1443) Regulating Home Occupations Sen. Tokuda's position on HB 1443 regulating home occupations, was requested. HB 1443 would require the City to allow five unrelated people to come and work in a location in a residential area. It was expressed that this issue is a home rule issue and the State shouldn't be involved. In addition, HB 1443 would allow those operating B&Bs to live off site.
2) Tax Increases It was questioned why Rep. Chong is not opposed to increasing taxes.
Representative Cynthia Thielen John Foster, from Rep. Thielen's Office, circulated the report and added that HB 593, relating to allowing DLNR to establish an interim construction moratorium along
Questions, comments and concerns followed:
House Bill 1443 (HB 1443) Regulating Home Occupations Rep. Thielen's vote on HB 1443 regulating home occupations was requested; the information is available online (www.capitol.hawaii.gov). Although the committee had improved some of the wording and addressed some of the concerns, the main issue is still felt to be of home rule for the City.
Representative Chris Lee Mr. Foster also distributed Rep. Lee's report
Mayor Mufi Hannemann's Representative Ann Chung, the Director of the City Office of Economic Development, circulated the newsletter a BWS handout, and offered the following responses to previous questions:
1) Downtown Kailua Median Strip The City Department of Transportation Services (DTS) will investigate the suggestion to remove the median strip on Kuulei Road (which becomes Kailua Road) to add another traffic lane, to ease traffic congestion, and will report their findings by the end of May 2009.
2) Koolaupoko Watershed Management Plan (KWMP) BWS and consult Townscape Inc. will continue to conduct workshops on the KWMP with the Board and community. To date, numerous small group meetings with several entities in the
Questions, comments and concerns followed:
1) KWMP Although some Board members met with BWS regarding the KWMP, only the process was discussed; there was no decision-making or policy-making. The minutes of the meeting with Board members and the BWS are supposed to be forthcoming.
2) Enforcement of Transient Vacation Units (TVUs) The City Department of Planning and Permitting (DPP) was requested to meet with the Board's permitted interaction group in regards to enforcement of TVUs, not B&Bs, so Council Bill 6 wouldn't apply, and therefore discussion shouldn't be curtailed.
3) Mayor Hannemann's Future Plans It was asked if Mayor Hannemann was planning on serving out his full term as mayor and if he will endorse a candidate to fill
4) Changes to NB System Mayor Hannemann referred to cuts in the NB system during his State of the City address, and one idea is to reduce the number of NBs, not to eliminate them altogether, and all ideas to reduce costs are being explored; another idea would be to not mail out NB minutes, to save on postage and printing. Mayor Hannemann does support the NB system and citizen participation, and always sends a representative to NB meetings to hear and follow up on community concerns. It was pointed out that the City Council already cut the budget of the Neighborhood Commission Office (NCO) by over $100,000. Mayor Hannemann was encouraged to speak with the Board members, who may have ideas on how to achieve the cost-savings objective. No decisions have been made as yet. It was requested to know exactly how much would be saved by reducing the number of NBs, and the idea was questioned, since everyone stressed that community participation is invaluable. A concern with the NB system is its efficiency. The fact that NB members are unpaid volunteers was emphasized, and it was noted that NB members may be able to donate to support the system (paper, postage, etc.), since they already donate time. Although Mayor Hannemann has visited some NBs, he does have a tight schedule and it is difficult for him to attend every NB meeting.
5) Beach Access Near
6)
7) Kailua Beach Park Sand Removal Joe Gilman received a letter dated January 4, 2008, regarding Kailua Beach Park sand pile removal in the park, indicating that a irrigation project would be done near his house to stop the sand migration; however, nothing has been done yet and he got no responses to his calls.
8) Meeting to Discuss New Kayak Rules There was a meeting in the
COMMITTEE OF THE MONTH:
Public Health, Public Safety and Civil Defense Committee (PHPSCD) PHPSCD Chair Tomasa reported the following:
1) Legislative Medical Liability Reform Legislation is pending on this issue.
2) Research on Exploratory Efforts to Enhance Law Enforcement / Lead Pellets on
3) Community Concerns/Public Safety Issues Relating to The Shack Restaurant Information was received from the Honolulu Liquor Commission (LIQ) regarding the concerns about The Shack. It's preferred that representatives from the restaurant and the community attend the next committee meeting, to protect the privacy of the individuals. LIQ will be contacted to attend the next committee meeting.
Questions, comments and concerns followed:
The Shack Issue A phone call was received by Secretary Ure from LIQ requesting that The Shack issue be on the Board agenda. The chair of PHPSCD requested the meeting be scheduled for March 12 at the committee; if the date has to be changed, a note will be placed at the committee meeting site.
BOARD ACTIONS [2]:
Government and Community Services Committee (GCS) [2]
Motion 1: This item was considered earlier in the meeting.
Motion 2: GCS Chair moved that the
1) Property Tax Relief This is the same property tax relief began in 2006 that creates a maximum amount of property tax that low-income homeowners would have to pay, based on their income (currently 4% maximum of an income less than $50,000). Another bill is being considered to add that those 75 years or older would have a maximum of 3%.
2) Blanks in Current Bill In its current form, Bill 9 contains blanks where the property tax maximum and income limits are, which made most concerned if the change is made to decrease the income limits and/or increase the maximum property tax.
3) Premature to Vote It was felt that it may be premature to support Bill 9, until the blanks are filled.
4) Possible Form of Income Tax It was suggested that Bill 9 could increase the tax for others; it was also stressed that income is not the only representation of wealth, and that the wealthy should be taxed instead of the working people. It was pointed out that it seems as though the successful are being punished.
5) Why Relief is Needed The property tax increase has been so much that some retirees on fixed incomes can no longer afford to live in their homes, and must sell them in order to pay the property tax.
The motion that the Kailua Neighborhood Board No. 31 supports City Council Bill 9 (2009) Relating to the Real Property Tax Credit for Low-Income Elderly Homeowners was WITHDRAWN and returned to committee for further consideration by UNANIMOUS CONSENT (17-0-0) (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong) .
Motion 3: GCS Chair moved that the
Rationale The last several years saw the closing of the availability of Section 8 vouchers. It's requested that Section 8 be reopened to increase the possibilities of affordable housing. The list of vouchers was capped at 6,000, which is not enough.
The motion that the Kailua Neighborhood Board No. 31 supports expansion of Section 8 Housing and Urban Development (HUD) vouchers in order to address the availability of affordable housing was ADOPTED 16-0-1 (AYE: Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong; ABSTAIN: Bartley).
Motion 4: GCS Chair moved that the
1) Mayor Hannemann's Plans The Board would like to hear Mayor Hannemann's plans, as a follow-up to his State of the City address.
2) Position on B&Bs It was questioned why Mayor Hannemann may have changed his position to support B&Bs.
3) Neighborhood Commission Attendance It was suggested to introduce a similar motion to invite members of the Neighborhood Commission to attend a Board meeting tackle the same issues.
Corcoran moved, and Weinberg seconded, to amend the motion by adding "and other issues as applicable". Discussion followed:
1) Opposition The motion was originally written to keep the conversation limited to NBs.
2) Amendment Unnecessary Mayor Hannemann often brings senior staff members when he attends meetings, and so the amendment is unnecessary, since they will all be on hand to answer questions.
3) Amendment's Purpose The purpose of the amendment is not give Mayor Hannemann a reason to not attend the meeting by limiting the discussion to one subject.
The motion to amend by adding "add other issues as applicable" was NOT adopted 5-12-0 (AYE: Bartley Best, Corcoran, Lindgard, Weinberg; NO: Bratt, Bryant-Hunter, Chinen, Correa, Enos, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong).
The motion that the Kailua Neighborhood Board No. 31 invites the Honorable Mayor Mufi Hannemann to attend the KNB Regular Meeting to define and detail his administration's measures of effectiveness relative to Neighborhood Boards was ADOPTED 16-0-1 (AYE: Bartley, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Enos, Fernandez, Glanstein, Lindgard, Prentiss, Retherford, Tomasa, Ure, Weinberg, Wong; ABSTAIN: Best).
Motion 5: GCS Chair moved that the
1) Endorsement of Candidate for Public Office Section 2-13-10 of the Neighborhood Plan (NP) prohibits Boards from supporting candidates for elective public office, not appointed public office, so the Board is not prohibiting from adopting this motion. Many still wanted to use caution with this type of issue, regardless of the respect and appreciation for Mr. Recktenwald.
2) Testimony Whether the motion is adopted or not, everyone may still testify individually. It was requested that Bryant-Hunter deliver the Board's testimony to the State legislature should the motion be adopted and offer the Board's testimony.
The motion that the Kailua Neighborhood Board No. 31 supports the appointment of the Honorable Judge Mark Recktenwald, Chief Judge of Intermediate Court of Appeals to the Hawaii State Supreme Court was ADOPTED 12-0-5 (AYE: Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Enos, Glanstein, Lindgard, Tomasa, Ure, Weinberg; ABSTAIN: Bartley, Fernandez, Prentiss, Retherford, Wong).
Enos and Weinberg left the meeting at 9:53 p.m.; 15 members present.
COMMITTEE REPORTS:
Civilian-Military Council (CMC) Representative Corcoran stood by the report given earlier by Sgt. Tuthill.
Bryant-Hunter suggested moving ahead to consider a motion relating to the Waimanalo Gulch Landfill, and Wong added that she would like to add HB 1141, relating to thrillcraft, to the agenda.
Lindgard left the meeting at 9:54 p.m.; 14 members present.
The agenda item related to the Waimanalo Gulch Landfill (agenda item X.E.4) was brought up at this time, without objection.
Planning, Zoning and Environment Committee (PZE) [1]
Waimanalo Gulch Landfill Leeward: Corcoran circulated handouts relating to SB 701 (relating to landfills, and limiting their expansion on the leeward side).
Corcoran moved, and Ure seconded, that the Kailua Neighborhood Board No. 31 strongly urges the Committee on Water, Land, Agriculture and Hawaiian Affairs to keep faith with the people of Oahu and not exempt one area of the island over another from the siting process to determine locations of municipal landfills at any date in the future. Discussion ensued:
1) Consideration of Locations SB 701 would restrict the City's freedom to consider all locations for a landfill. Not only is this a home rule issue, the bill is saying that, in effect, there will be no place to put a landfill, because there's no real option except Waimanalo Gulch. The location of a landfill isn't dependent on sociology, it's dependent on geology, since landfills must not be placed over aquifers.
2) Testimony If adopted, the motion would be submitted as testimony in opposition to SB 701.
The motion that the Kailua Neighborhood Board No. 31 strongly urges the Committee on Water, Land, Agriculture and Hawaiian Affairs to keep faith with the people of Oahu and not exempt one area of the island over another from the siting process to determine locations of municipal landfills at any date in the future was ADOPTED UNANIMOUSLY 14-0-0 (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong).
The issue of HB 1141, relating to thrillcraft, was ADDED TO THE AGENDA by UNANIMOUS CONSENT (14-0-0) (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong).
House Bill 1141 (HB 1141) Relating to Thrillcraft: Wong explained that HB 1141 would allow thrillcraft, such as jetski among others, in
Wong moved, and Retherford seconded, that the Kailua Neighborhood Board No. 31 opposes House Bill 1141 that would allow jetski and other thrillcraft in Kailua, which was ADOPTED UNANIMOUSLY 14-0-0 (AYE: Bartley, Best, Bratt, Bryant-Hunter, Chinen, Corcoran, Correa, Fernandez, Glanstein, Prentiss, Retherford, Tomasa, Ure, Wong).
Neighborhood Assistant Rachel Glanstein left the meeting at 10:03 p.m.; Board Secretary Ure prepared the remainder of the minutes.
Executive Committee
Treasurer's Report: Treasurer Glanstein reported that: (a) the Operating account was charged $30.50 for printing of the March mailout and $78.87 in postage for the 123 mail list recipients, resulting in a balance of $609.95; (b) the Publicity account was charged $208 for the February videotaping by Paradise Film, resulting in a balance of $1,044; (c) the Refreshment account remains at $120, and the co-hosting of the Candidates' Forum will be included on next month's report; and (d) a Board member will pay the $14 to replace the keys for the Board mailbox.
Permitted Interaction Groups
Enforcement: B&B and TVUs: No report.
Neighborhood Plan (NP) MMVIII: Chinen reported that Neighborhood Commission Executive Secretary, Joan Manke, stated that the Request for Proposal (RFP) is with the City Department of Budget and Fiscal Services (BFS) for the online and phone-in voting services and software needed to conduct the elections. Current NB members' terms were extended to June 30 with approval of the new NP and may be further extended if necessary.
Questions, comments and concerns followed:
1) Wong stated the call in vote process in the contested races will lose votes in those races and asked how the call in vote would work.
2) Chinen explained that the plan was to have a special ID mailed to registered voters and by using that pin code and the last four digits of one's social security number, volunteers from the League of Women Voters would be able to record the phone-in vote.
3) Retherford stated she spoke with the League of Women Voters but questioned just where the process of phone in voting will actually take place.
4) Glanstein stated the most frequent question asked is "who is running?" The candidate profiles are supposed be online on March 11 and may be in Midweek according to the Neighborhood commission but there is no affirmation. It was requested the type font be larger wherever it is printed. There is a disconnect and a dysfunction when there are 445 seats in the last election and less than 10% of the vote was derived online in the last election and did not include uncontested races.
Government and Community Services Committee (GCS) GCS Chair Chinen reported the following:
1) Correspondence was received from Windward Spouse Abuse Shelter and was read earlier in the meeting.
2) The motion for Council Bill 9(2009) was returned to committee and will be brought back to the board at a later date. The committee will also examine property tax relief for co-morbidity.
3) Proposed Legislation 2009-10 concerning Emergency Preparedness: (a) Windward Healthcare Network, no measures have been currently introduced; (b) 311 Non-Emergency System (State & city/County), no measures have currently been introduced; (c) Kailua Public Schools and Emergency Shelters: the HB200, HD1 (Budget Bill) contains some proposals for Kailua; and (d) Group Homes and Service Agencies the letter containing the adopted motion supporting Section 8 expansion shall be s letter to HUD Secretary Shaun Donovan with copy to Lillian Koller ,State Department of Human Services (SDHS).
4) Animal Cruelty: Advocacy and Education update that SB 30 relating to animals, prohibits with exceptions, the practice of tethering dogs was deferred in the JUD on March 2, 2009.
5) Neighborhood Plan MMVIII Glanstein reported recent statement in the State of the City address, "We have 33 Neighborhood Boards that serve in an advisory capacity on a broad spectrum of community issues. While the members are dedicated to improving their neighborhoods, interest has been flagging, with a voter turnout of only 28 percent in 2007 and candidates winning seats with as few as 45 votes. I've asked the Neighborhood Commission to look into reversing that trend and increasing the effectiveness of the boards, not to mention saving money, by possibly realigning the boundaries and having fewer boards, as well as altering the timing and frequency of the board elections." Reference was made to the earlier motion to "define and detail the administration's measures of effectiveness relative to Neighborhood Boards".
6) Neighborhood Commission previously reported.
7) 2009 Candidate Forum update previously reported.
8) Fire Hydrant Inspections and Inquiry concerning electrical inspectors and certification will be discussed at the next committee meeting.
9) Announcements Government & Community Services Committee will meet jointly with Parks & Recreation Committee at Zippy's beginning in February to address legislative issues.
10) Next Meeting: 3rd Saturday, March 21, 2009, 10:00 a.m. at Zippy's
Planning, Zoning & Environment Committee (PZE) [2] PZE Chair Wong reported the following:
1) DPP is contracting the revision of the Ko'olaupoko Sustainable Development Plan for April. The challenge is that the moratorium on development outside of Community Growth Boundary is subject to revision in the Ko'olaupoko Sustainable Communities Plan (KPSCP). The KPSCP was to have been implemented by revising the City/County Land Use Ordinance (LUO) to the adopted community development plans and this board sent a resolution in 2003 that this process was not done. The Committee and the Board, without objection, in 2009, this board will send the 2003 resolution again.
2) Bay View Golf Course & surrounding area proposed changes The Kaneohe Bay LLC came to the committee and presented the proposal for 188 area site with 300 total units to include 150 senior rentals, a bowling alley, sports team dorms (similar to Camp Erdman/hotel) and a wedding chapel on the golf course fringe with the 18 hole course reduced to 9 holes; the Environmental Assessment (EA) would take about 18 months. The State's 201 H process to encourage affordable homes is being expedited in this project by Kaneohe Bay LLC.
3) Proposed pre-school at 1243 Punana Loop off of Keolu Drive, the residential homes are all family on private lane with four parking spaces; proposed plans would include 20 students between three and four years old. It is suggested the committee wait for the application filing and have a presentation before the board and ask for public hearing.
4) Bartley reported that City Council Bill 6 has been deferred and may be dead as it requires 6 votes to pass although the Bill 6 content may be added to Bill 8 and that may force legal challenges.
5) Next Meeting: 3rd Tuesday, March 17, 2009 7-9:00 p.m. at
Public Health, Public Safety, & Civil Defense Committee (PHPSCD) PHPSCD Chair Tomasa reported the following:
Public Health/ Public Safety Concerned citizens presented written and verbal information of conditions affecting the quality of life and public safety of residents residing next to the business establishment including other members of the public. Several government agencies have been involved with this long standing serious matter including the Kailua Neighborhood Board, Neighborhood Justice System, HPD, and the Honolulu Liquor Commission (LIQ). Residents express continued frustration. Tomasa explained that the KNB advises government and does advise private businesses. The Committee has requested a copy of the LIQ report from a January meeting with residents, wishes to obtain a copy of the mediator's decision from the
Transportation and Public Works Committee (TPW) TPW Chair Bratt reported the following:
1) The Committee continues to monitor and discuss several traffic safety and bicycling issues with the Department of Transportation and Honolulu Police Department.
2) The committee will inquire the legality of parking on bridges and possible exceptions concerning
3) There are community concerns that
4) Next Meeting: 2nd Thursday, March 12, 2009, 8-9:00 p.m., Kailua District Park Multi-Purpose Room or Arts and Crafts Room.
Parks and Recreation Committee (PR) PR Chair Ure, in consideration of time constraints, requested the following information be placed in the minutes from the committee Memoranda of Record:
1) Community Policing a) It is understood that most community policing, including alleged illegal possible commercial activities in parks falls into the area of enforcement with Honolulu Police Department and rightly belongs in the Public Health, Public Safety, and Civil Defense committee for discussion and action. b) It is also understood that alleged illegal activities at city R-O-Ws and in DLNR waters and parks is also an enforcement issue and will be monitored and co-referred to Public Health, Public Safety and Civil Defense Committee.
2) Tow in surfing at
3) DLNR Wedding Events website update: Email info directly to Steve Moleman as website is not yet operational. The committee will monitor legislation as the 2009-10 session opens. 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. It has been rumored that there will be Proposed 2009 legislation to ban wedding permits by special interest groups and the committee will monitor for such legislation.
4)
5) 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.
6) Missing Buoys are being addressed to DPR and DLNR
7)
8) Capital Improvement-Repairs-Maintenance continue to monitor, CIP ground lights for
9) 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 April or May by Bob Bourke.
10) Announcement: Parks & Recreation and Government & Community Committees will meet jointly beginning Feburary14, 2009 during the legislative session.
11) Next meeting: 2nd Saturday, March 14, 2009, 10:00 a.m., at Zippy's
ANNOUNCEMENTS:
Committee Reorganization: The Sustainability and Environment Committee has been in recess pending Ko'olaupoko Sustainable Communities Plan (KPSCP) notice to proceed being issued by the City. This committee is now dissolved and the KPSCP will be addressed on the agenda of the Planning, Zoning & Environment Committee and their Next Meeting: 3rd Tuesday, March 17, 2009 7-9:00 p.m. at
ADJOURNMENT: The meeting adjourned at 10:26 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