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McCully - Moiliili Neighborhood Board # 8

Draft REGULAR MEETING MINUTES

WASHINGTON MIDDLE SCHOOL CAFETERIA

THURSDAY, APRIL 2, 2009

CALL TO ORDER: Chair Lockwood called the meeting to order at 6:41 p.m.; with seven (7) of 15 members present. With two (2) members joining us at 6:43 p.m. a quorum was present. NOTE: This 15 member Board requires eight (8) members for a quorum and to take official Board action. Chair Lockwood made a few housekeeping announcements about restroom locations, the request to turn off cell phones, and the rules of the Board when being recognized to speak and time limits.

Members Present – Maryjane Carlos, Gregory Cuadra, Ron Lockwood, Clifton Takamura, Judy DeVilbiss, Les Hata, Klement Kondratovich, Betty Lou Larson (arrived 6:43 p.m.), Serena Kyi–Yim (arrived 6:43 p.m.), John Kato (arrived 7:30 p.m.), and Loren Tilley (arrived 7:44 p.m.),.

Members Absent – Shaunna Tabor.

Guests – Dyan Kleckner (UH Manoa), Rod Nagao (M&E Pacific), Michael Hong (R.M. Towill), Leonard Narimasu, Tom Heinrich (Chair, Manoa Neighborhood Board No. 7), Kathy Watanabe, John Yamamoto; Sgt. Carl Kalani, Sgt. Alan Rivers and Ofc. Anthony Kahapea (Honolulu Police Department); Kurt Tsue (Board of Water Supply), Jon Yamane, Lee Ann Tokuhara, C. Miura, Larke Golaski, Sandra Kunimoto (Governor’s Representative), Candace Van Buren (Representative Scott Nishimura’s Office staff), Gena Tadio, and Seiko Chow (Representative Scott Nishimoto), Lina Le, Raymond Lalosin (McCully Citizens Patrol), Sean John, Capt. Gary Harbottle (Honolulu Fire Department), Councilmember Duke Bainum and John Gollner (Staff), Mark Scalzone (Mayor’s Representative), Malanie McLellan (Karen’s Law),  Marie Richardson (Neighborhood Commission Office staff).   

VACANCIES: There are three (3) vacancies in Sub district 1. 

PUBLIC SAFETY & COMMUNITY LIAISON:

Honolulu Fire Department (HFD) – No representative was at this time.

Serena Kyi-Yim and Betty Lou Larson arrived during this portion of the meeting (9 members present).  

Honolulu Police Department (HPD):

      District 1 (Waikiki) – Sgt. Carl Kalani reported the following:

·         March Statistics – 5 assaults, 1 burglary, 3 driving under the influence (DUI), 0 drug offenses, 0 family offenses, 0 graffiti, 15 motor vehicle collisions (MVC), 0 motor vehicle thefts, 4 property damage, 1 robbery, 0 sex assaults, and 9 unauthorized entry to a motor vehicle (UEMV).

·         HPD Reaccreditation – HPD is scheduled for on-site assessment as part of a program to achieve reaccreditation by verifying it meets professional standards. The accreditation program requires agencies to comply with state-of-the-art standards in four basic areas: policy and procedures, administration, operations, and support services. The public is invited to provide their comments; for more information, call 547-2781.

      A resident thanked and recognized HPD for their reaccreditation efforts.

      District 7 (East Honolulu) – After introducing Officer Anthony Kahapea, Sgt. Rivers reported the following:  

·         The March report included monthly comparisons, the “Attention” flyer about HPD’s reaccreditation, a safety tip flyer about “Driving in the Rain”, and District 7s web site:  www.honolulupd.org/patrol/d7 with contact information.

      A concern noted about speeding, fronting the McCully Shopping Center, on Kapiolani Blvd., during the late         evenings (after 10:00 p.m.).         

University of Hawaii  at Manoa – Dyan Kleckner announced the following:

·         Open House – A Manoa Campus Open House 2009, Sunday, April 5, 2009 from 11:00 a.m. to 4:00 p.m.

·         Free Lecture – Richard Parsons, Chairman of Citigroup, will give a free public lecture on Tuesday, April 7, 2009, 7:00 p.m. at Kennedy Theater.

·         Groundbreaking – Monday, April 15, 2009, Phase One of the expansion project to the existing Bio-Med building.

·         Board of Regents – The next meeting is April 16, 2009 at UH West Oahu.

·         Follow-up from last month – A religious right group obtained a permit for a four hour rally; The Chancellor sent out a press release about the budget reduction of $33 million that will be handled strategically.   

Kamehameha Schools (KS): Chair Lockwood reported, for Susan Todani, that the Rainbow Vista project is moving along and should be opened in July. There are three people interested in renting out business spaces; a presentation is forthcoming. 

Mayor’s Representative:  Mark Scalzone reported these responses to concerns from the previous month:

• No Signs Allowed at Lunalilo School – The Department of Planning and Permitting is still working on a response and will report back at the next meeting.  
• Lights Out at McCully District Park – There are three buildings at McCully District Park. The gym and the pool facilities are under construction and currently under the jurisdiction of the Department of Design and Construction (DDC). Security for these two facilities is provided by the contractor. The lights for the third facility known as the Japanese School are repaired frequently due to vandalism. The last repair was completed March 12, 2009.
• Electrocution Incident at Pedestrian Crossing – Due to the possible liability regarding this matter, a legal opinion from the Corporation Counsel is being sought as to what information can be released by the Department of Facility Maintenance.

Questions, comments and concerns followed:

1. A concern regarded accumulation of water collecting at the ADA curb ramp at Waiola Street and Makahiki Way; and at Paani and Date streets.

2. An inquiry about how long the Kalakaua Sewer Project is expected to last?  The noise has been a major concern for several months now. Also, at Kanunu and Keeamoku streets, the traffic lights are working improperly to make the left turn onto Kalakaua Avenue, and the noise, from the above project,  at night is a steady drone.

3. Superferry came up but it is a State issue and the question will be posed to the Governor’s representative.    

Governor’s Representative: Sandra Lee Kunimoto reported the following:

·         Regarding the Hawaii Superferry – The Hawaii Supreme Court ruling has made the company decide to ceased operations. It is expected that Hawaii Attorney Generals’ office will ask the Supreme Court for reconsideration.    

·         Legislative Update – There is one month left. The Governor and the budget director came out with yet another downward revision of a balanced financial plan to close the $250 million revenue shortfall.

·         Federal Stimulus Bill – Monies is coming down the pipeline quickly and is supposed to be spent very rapidly but the rules for spending this money has not come out yet. Over the next few weeks more information is forthcoming.  

Questions, comments and concerns followed:

1. On the issue of the Superferry, it was certainly a big disappointment for many of the local farmers. There were however question whether the Superferry could continue with the current EIS (Environmental Impact Statement) or have to start with a new EIS.  

2. The Governor’s Neighborhood Board Update was referenced to explain how the State Fiscal Stabilization Fund (SFSF) will be used to provide new and additional funding to the Department of Education.

3. Kunimoto could not comment on Representative Nishimura’s report about the State budget appropriations to address affordable housing, funds for public housing and affordable rentals for the elderly.

4. A question about how taking away benefits from public employees is going to help the current economic situation. Kunimoto noted that there are different ways to balance the budget; fewer benefits means the state will spend less money, wage reductions, furloughs, as well as laying off people. These are ways of reducing the budget and also compounding the problem.

5. There were some that had doubts and were against the Superferry, but once the Superferry started operating, some actually felt that it filled the void. There were also those organizations that continued and pressed on with the lawsuit which helped the decisions that were made.

The agenda went back to order with Honolulu Fire Department.

Honolulu Fire Department (HFD) – Capt. Harbottle of the McCully-Mo’ili’ili Fire Station reported the following:

• The CAF Trucks – In service now, the combination using compressed air and foam system uses less water to fight fires and required intensive training learning its use; and there are about 15 trucks on the island.   
• March statistics included: 60 medical calls, 4 structure, 5 rubbish fires and 7 miscellaneous alarms.   

• Fire Safety Tip: House numbers must be visible from the street to assist first responders in an emergency.

There was no firm date when the station will be completed, but a comment noted that community volunteers look forward to the firefighter’s return because volunteers are tired of cleaning the graffiti around the station.

The agenda resumed order.

Board of Water Supply (BWS): Kurt Tsue reported the following:

• No main breaks for McCully/Mo’ili’ili this past month.
• Water Meter Maintenance – This month’s announcement is customer’s and BWS’s responsibility for maintaining and repairing the water meter and pipes. It is critically important that property owner’s make sure the pipes and water fixtures on their property are well cared for. It is also important that customer’s keep the meter box area clear of grass and debris so that BWS crews can easily access it, if needed. If a leak is noticed or a need to shut off water service for any reason, do not attempt any repairs or modifications to the meter box; call BWS at 748-5000 and a 24-hour line 748-5010. Information about water meter maintenance may be found in the rules and regulations section of www.boardofwatersupply.com.

RESIDENTS’ CONCERNS:

• The Waikiki Community Center (WCC) is in trouble of cutting back on services for the elderly and the young preschoolers; please join Carlos on April 7, 2009. 

ELECTED OFFICIALS:  

Councilmember Bainum – Councilmember Bainum thanked those who participated in the Project Safe sign waving event on March 18, 2009. He proceeded to highlight the following:

• Bill 4 Cell Phone Ban – An exception was to allow two-way radios used by emergency responders and certain commercial operators.    
• Bulky Item Pickup – A recommendation of an additional $150,000 for bulky item pickup services.
• Noise – The Liquor Commission testified before the Council encouraging change relating to noise decibels in bars and night clubs. Two additional noise meters were put into the budget.  
• Budget – The loss of services, tax hikes, and user fees are concerns of the Councilmember. He hopes the public look closely at these issues, as individuals or neighborhood board.
• Council District Projects – Included in the report was a list the projects in Council District 5. It also includes: a) a proposal of reducing the number of staff for the rapid transit project; and b) a high priority, $25,000 for hot meals for the summer fun program.  

Questions, comments and concerns followed:

1. Councilmember Bainum will research Kondratovich’s idea relating to the red lights on the cell phones.

2. It was agreed that it is important to push the implementation of the bicycle master plan forward.  

3. Relating to the cell phone ban, there were no testimonies in opposition of the bill, so it looks promising that it may move forward. It is also surprisingly supportive by all the Councilmember’s.

4. Referring to the number of bills already on the books, the concern and problem relates to enforcement and the lack to follow-up on bills already on the books. Bainum could not disagree and a conversation with the police chief that if the laws are not going to be enforced, then there will be a greater disrespect for the laws.     

5. A comment talked about the creation of more affordable rentals using stimulus funds and whether anything is coming down the pike for that. Affordable rentals are still funded through CDBG (Community Development Block Grants) funds and sometimes projects end up limited in scope. The Councilmember will get to the Board the list of the CDBG projects.   

6. Councilmember Bainum will research the possibility of creating an email data base to alert residents about bulky item pickups in the community. He is trying to put monies in the budget for more bulky item services.   

Written reports were available for the following Elected Officials: Representatives Isaac Choy, Scott Nishimoto, and Scott Saiki; and Senators Carol Fukunaga and Brian Taniguchi. Questions can be forwarded to Chair Lockwood or to the official’s representatives present tonight. 

John Kato arrived at 7:30 p.m. during the above portion of the meeting. (10 members present)

FILLING OF VACANCIES: There were three vacancies in Sub-District One; there were no interested persons.

PRESENTATION:  

Beachwalk Bypass Project – Cindy Masuoka with the Department of Design and Construction was present to speak on the project and to hear the concerns of the community.

• Installation will consist of 5800 feet of 6-feet diameter pipe. The new pipe will be in a trench about 14 feet wide, extending from the Diamond Head entrance of Ala Moana Park, terminating near the Ala Wai Elementary School.
• After the pipes are installed, it will be connected to permanent shafts.   
• At the end of the project, the emergency line will be removed.
• The McCully-Mo’ili’Ili areas that are affected were highlighted in more detail on the illustration provided.
• The main concerns anticipated are noise activities, disruptions from the staging facility, and the length of time the project will be in the area.
• Construction will be limited to 7:00 a.m. to 6:00 p.m., Monday to Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays. In addition, loud equipment such as jack hammers or pile drivers will not be allowed if the community says to stop. 
• The back of the Ala Wai Community Center will be used as the staging area. The staging area will block access to two existing canoe docks. Two new canoe docks will be constructed in the Ala Wai Harbor area and impacted canoe clubs will be relocated. The Department of Parks and Recreation (DPR) is expected to work with the canoe clubs on the relocation. It is anticipated that staging will be located at the Ala Wai location for two years.
• This staging area will obstruct the bike/pedestrian pathway for two years from this fall. At the end of the project, the pathway will be restored to original. Construction work will be limited to the hours of 8:30 a.m. to 6:00 p.m. Monday to Friday; and 9:00 a.m. to 6:00 p.m. on Saturdays. Also in this area, there will be no loud equipment used when the school is in session.  They anticipate being in this area until the end of the project.   
• There will also be some night work. A public relations firm has been hired to help respond to concerns. A website is currently being setup and more information will be provided before the construction begins.   

Loren Tilley arrived at 7:44 p.m., during the above portion of the meeting (11 members present).                

Questions, comments and concerns followed:

1. The average life span of the pipe lines are a minimum of 50-years, but the City tries to make it last 100-years.

2. The project will have to dig at least 40 feet down until they reach coral or sturdier material; much of the material before hitting coral is mud. Once the project starts the area will be fenced-off to shield the dust.

3. The project will begin on land, Diamond Head of McCully Bridge, about 20 feet mauka from the canal, alongside the park. The project will pass the McCully Bridge and cross over the canal to the makai side to avoid the promenade area and the trees and the area along the Hawaii Convention Center; the trees will not be cut.

4. Other concerns regarded: a) The ball fields which was clarified would not be affected; b) that a number of people that walk and use the bike path; c) about the drainage problem; d) the bike path behind Marco Polo and University Avenue; e) the dog park; f) restoration of the areas that will be impacted. 

Chair Lockwood added that same presentation will be given at the Waikiki Neighborhood Board No. 9 in May.

HOUSEKEEPING:  

Mo’ili’ili Graduate Planning Practicum (Fall 2008) The project is complete and waiting to be released.  

Report on OMPO Meeting of 18 March – Projects to look at because of the stimulus monies included three projects of importance: a) providing buses to people who have no bus access and are unable to reach regular bus routes; b) look at the freeway on/off ramps from 6th Avenue to Punahou Street which will eventually tie in with the Kapiolani Women and Children’s Medical Center long-range project; and c) look at a bike path that runs from Manoa Valley to Kapahulu without having to cross streets.

Report on Neighborhood Commission meeting of 23 March – Chair Lockwood reported on following:

• There is a new Neighborhood Assistant (NA), Linnie Pascual, who is assigned to Pearl City and a few other boards.
• Complaints have gone from over 80, down to 26 in 18 months. Five are awaiting a “Finding of Fact” from Corporation Counsel; one is in pre-hearing status; 11 have not had a pre-hearing scheduled and one was resolved at this Commission meeting (now 25 complaints pending).
• There are two bills (HB 282 and HCR 310) still alive that would have developers re-present to neighborhood boards (NB) if there are changes to their projects.
• The City Council’s budget committee went over the Neighborhood Commission Office (NCO) budget and noted increased postage and videographers fees; no salary increases; and no election clerk for the next year (election clerk is an ever other year expense).
• Election – Bids for vendors are in progress, with a March 27, 2009 deadline. Ten vendors have submitted bids so far. There are 414 candidates and 115,000 eligible voters for this electronic election. Voting will take place May 6, 2009 to May 22, 2009. An installation meeting will be held on May 27, 2009; an installation meeting will be held May 27 and those elected will take office effective July 1, 2009. For this Board, the 2009 to 2011 Board term will meet on June 4, 2009.
• The filing of vacant seats, by people living in the NB area, but not in the sub-district area is RESCINDED. No reason has yet come forth from Corporation Counsel on their reasoning.
• The Neighborhood Commission (NC) has established two new P.I.G.’s with the first working on the budget, to see if further savings can be found; while the second P.I.G. will work on a Guidebook for all 2009 to 2011 board members.
• The Board will save the Agenda Template action for later in the meeting.  

AARP Tax Sites for M/M in 2009 will be at Central Union Church, 1660 S. Beretania Street on Tuesday and Thursday only from 8:30 a.m. – 11:30 a.m. This service is open to everyone, no age limit! Free.

Kaimuki High’s JROTC, working with T.A.G. to remove graffiti from the Kapiolani Boulevard Bridge was put on hold due to weather.                       

T.A.G. is sponsoring a community-wide clean up on Saturday, April 18th at Prince Kuhio School from 8:15 – 11:30 a.m. Volunteers are encouraged to assist; see Chair Lockwood for flyers.

40th Anniversary of the McCully – Mo’ili’ili Public Library will be celebrated in November 2009. Ideas for the celebration are welcome; email your ideas to: rnlockwoodohana@yahoolcom

125^th Anniversary of Prince Kuhio Elementary School will be celebrated May 30, 2009 – Call 973–    0085 to join the anniversary committee as a Community or alumni member please.

McCully-Mo’ili’ili Fire Station – The fire station is tentatively scheduled to open this summer.  

The agenda was taken out of order to New Business, item 9A – Karen’s Law; there were no objections.

NEW BUSINESS:

House Bill 819 Karen’s Law – A representative, Sarah Hunt, provided background information of the resolution that supports HB819, HD2, SB1, Karen’s Law. HB819 if enacted proposes to mandate juveniles 15 to 17 years old to be tried as adults in cases of the heinous acts - crime of murder in the first and second degree. The bill does not take away any protective mechanisms that are already in place for the juvenile. This will send a resonated message that these types of crimes will not be tolerated.

Melanie McLellan, daughter of Karen Ertel, provided from the victims standpoint why the bill is important. Karen Ertel was brutally attacked, beaten, raped, strangled to death and robbed by a 15-year old neighbor. It took over 15-months of delays for the processing of this heinous crime.  This was a waste of time, a waste of tax payer dollars, a waste of manpower and a slap in the face to the victim and their families.

The good thing about this law is that the judge has the right to put the juvenile back in family court if he sees fit. The current law is that a 17-year old will automatically go to adult court, but the judge in the meantime can put them back in family court if he deems necessary.

One of the things the murderer told his family was that part of the reason he continued his little crime sprees, burglarizing and terrorizing the neighborhood was because he knew he could get away with it. He has 10 prior felony arrests before committing this crime.

Questions, comments and concerns followed:

1. In Hawaii, first degree murder is that of a judge, police officer or witness, and in this case, Ertel was a witness. Second degree in Hawaii is murder of anyone else.

2. A sentence in the resolution was referred to that says, “…subject to certain limitations based on the findings of the circuit court”, was an added measure and a protective mechanism that the judge can send the juvenile offender back to court if he deems necessary.

3. A comment was that juvenile offenders committing such a heinous crime should be tried as an adult regardless he is 15 or 16 years old. Other statements supported the measure because it’s the right thing to do, but also because the offenders are getting younger and younger and a step in the right direction in that it sends a clear message to juvenile offenders that this is not open season anymore. The bill will be heard before Senator Taniguchi’s Judiciary committee on Monday, April 6, 2009 at 10:00 a.m. 

4. Although the public offenders are not supportive of the bill, HPD is very supportive. There were only two testimonies in opposition of this bill.

Carlos moved to support the resolution urging the Hawaii State Legislature to enact “Karen’s Law”, HB 819, HD2, SD1; seconded by Takamura. Discussion followed reiterating support of resolution and wanting to see justice done. One change to the original version excluded sex assault first degree. The motion was ADOPTED, 10-1-0. (AYE: Carlos, Cuadra, Devilbiss, Hata, Kato, Kondratovich, Larson, Lockwood, Takamura, Kyi–Yim. NO: Tilley). Refer to Attachment 1 for the resolution following Adjournment.       

The agenda went back to Unfinished Business, item 8 to resume order.

UNFINISHED BUSINESS:

Bulky Items Resolution & follow up – There were 134 bulky item sites reported. 

Senate Bill 718 SD1 – Relating to Complete Streets, passed through the House Transportation Committee yesterday and will go before the Conference Committee; a hearing has yet to be scheduled.

Recreational Renaissance – This is an issue raised last month by Greg Knudsen of the Hawaii Kai NB No. 1. Chair Lockwood explained that HB980 basically picked two places on Oahu to impose user fees - the Pali Lookout and the Ka Iwi Shoreline. Kyi-Yim read aloud the resolution: Opposing HB980 Recreational Renaissance. Carlos moved to adopt the resolution as presented; seconded by Tilley. No discussion followed. The motion was ADOPTED by UNANIMOUS CONSENT, 11-0-0. (AYE: Carlos, Cuadra, DeVilbiss, Hata, Kato, Kondratovich, Larson, Lockwood, Takamura, Tilley, Kyi–Yim). Refer to Attachment 2 for the resolution.

Newsletter for 2008-2009 – Will be addressed next month and Chair Lockwood needs the articles.

Fire Works Update – a) SB1059, establishing a Task Force Committee will not be heard by the House Judiciary Committee; contact committee chair, Rep. Jon Riki Kurimatsu with concerns. b) Senate Bill 1060, raises fees for permits and gives the money to the fire department; no update. 

NEW BUSINESS:

ADA Curb Cuts and Sidewalk Projects for CIP – Chair Lockwood reported 80+ ADA curb cut forms that will be submitted; thanks to Cuadra. Lockwood will share the website address with all interested persons. 

Resolution to overturn Neighborhood Commission – Chair Lockwood reported at the March 23, 2009 meeting of the Neighborhood Commission decided that every board will use the same agenda and approved the agenda template which will commence next month. Chair Lockwood explained that according to the Neighborhood Plan (NP) and before any changes such as this, it requires two public hearings. Other chairs at that meeting also did not agree with the move of the Neighborhood Commission. Next month when chairs turn in their regular agendas, when it is rejected, complaints will be filed with the Office of Information Practices (OIP). 

Chair Lockwood read aloud the resolution: Opposing Imposition of an Agenda Template on All Boards by the Neighborhood Commission. It basically cited several provisions of the NP that are in opposition to such action by the Neighborhood Commission. The sections cited included: a) Section 2-14-10 Purpose; b) Section 2-13-102 General Powers, Duties and Functions of the Boards; c) Section 2-14-111 Meeting Notice and Agenda; d) Section 2-14-123 Duties of the Officers; and finally, e) Section 2-14-112 Priority of Business. Kyi-Yim moved to adopt the resolution as presented; seconded by Carlos. Discussion followed focusing on immediate follow-up by the Chair with OIP and to keep filing complaints if the agendas are rejected, and it is not in keeping with the mission of increasing citizen participation. The motion was ADOPTED by UNANIMOUS CONSENT, 11-0-0. (AYE: Carlos, Cuadra, Devilbiss, Hata, Kato, Kondratovich, Larson, Lockwood, Takamura, Tilley, Kyi–Yim).   

Hawaii Super Ferry – Covered earlier.                

Kapiolani Medical Center – A presentation will be held in June of Kapiolani Medical Center’s 15-year project. The Chair will be in collaboration with two - Manoa and Makiki, surrounding neighborhood boards to hold a combined special meeting. This project will impact Bingham Street and the Punahou Street off ramp.

APPROVAL OF March 5, 2009 REGULAR MEETING MINUTES:  Deferred until the next meeting 

TREASURER’S REPORT: Deferred to the next meeting.

COMMITTEE REPORTS AND NEXT MEETINGS: The next committee chairs P.I.G. meeting is Thursday, April 16, 2009 at the American Legion Hall.

OTHER ANNOUNCEMENTS:

• Saturday, April 18, 8:00 a.m. – 11:30 a.m. at Prince Kuhio School, 2759 S. King Street, T.A.G. (Totally Against Graffiti) – cleanup effort from Crane Park to the freeway, to Kalo Place, all the bus stops, etc. Come and be part of the solution.
• April 17 & 18 Iolani Fair on the grounds (Noon – 8:00 p.m. daily)
• The next meeting is Thursday, May 7, 2009, 6:30 p.m., at Washington Middle School Cafeteria

ADJOURNMENT & NEXT MEETING: The meeting adjourned at 8:47 p.m.

Submitted by

Marie Richardson

Neighborhood Assistant

Attachment 1:

RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO ENACT

“KAREN’S LAW” – HOUSE BILL 819, HD2, SD1 – IN THE REGULAR SESSION OF 2009:

WHEREAS, ON May 25, 2007 Karen Ertell was brutally raped and murdered in her own home allegedly by a 15-year old male neighbor in Ewa Beach, Oahu; and

WHEREAS, under the current Hawaii laws regarding first degree and second degree murder committed by a juvenile, Karen Ertell’s family has had to suffer through fifteen months of delays in the processing of this heinous crime, which has unnecessarily delayed justice and aggravated the family’s grief; and

WHEREAS, House Bill 819, HD2, SD1 – introduced in the Twenty-Fifth Legislature of the State of Hawaii, Regular Session of 2009, and referred to as “Karen’s Law” – proposes to mandate that minors aged 15 to 17 be tried as adults in cases of first degree and second degree murder, subject of certain limitations based on the findings of the circuit courts; and

WHEREAS, while the proposed law could not be applied retroactively and aid in the prosecution of Karen Ertell’s murderer, the enactment of “Karen’s Law” would significantly reduce the delays in the future that are currently associated with the prosecution of case of first degree and second degree murder committed by minors; now therefore, 

BE IT RESOLVED by the McCully-Mo’ili’ili Neighborhood Board No. 8 that it supports the enactment of House Bill 819, HD2, SD 1 titled “Relating to Crime” and its amendments to Hawaii Revised Statutes Section 571-22, and urges the Twenty-Fifth Legislature to enact the measure referred to as “Karen’s Law” during the Regular Session of 2009; and

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to all members of the Senate and House of Representatives of the Twenty-Fifth Legislature of the State of Hawaii, the Governor (Linda Lingle), Lieutenant Governor (Duke Aiona), and Attorney General (Mark Bennett) of the State of Hawaii, the Prosecuting Attorney (Peter Carlise) of the City and County of Honolulu, and the Chairperson of each Neighborhood Board of the City and County of Honolulu.

ADOPTED by the McCully-Mo’ili’ili Neighborhood Board No. 8 by a vote of 10-1-0, at its regular meeting on April 2, 2009.

/s/Ronald Lockwood, Chair 

___________________________________________________________________________________________

Attachment 2:

RESOLUTION OPPOSING HB980 RECREATIONAL RENAISSANCE:

WHEREAS, the imposition of user fees at the Pali Lookout and the Ka Iwi coastline, including the Makapuu Lighthouse Trail, would drastically alter the now enjoyable experience for residents and non-residents; and,

WHEREAS,  the imposition of users fees on non-resident visitors contradicts the efforts of the Hawaii Visitors and Convention Bureau to promote the value of Hawaii vacations, which includes stops at Pali Lookout and hiking the Makapuu Lighthouse Trains as part of HVCB’s 150 Free Things to do in Hawai’i; and,

WHEREAS, users fees would commercialize Pali Lookout and the Ka Iwi coastline and cause the state to market the area to more and more non-resident visitor to generate revenue, causing a loss of local use, as is evident at Hanauma Bay and Diamond Head where fees are already imposed; now therefore,

BE IT RESOLVED, that while HB980 “A Bill for an Act Relating to Recreational Renaissance” has many good points, it should be amended to eliminate the imposition of non-resident tourist users fees; and

BE IT FURTHER RESOLVED, that the Pali Lookout and the Ka Iwi coastline be removed entirely from the plan; and

BE IT FINALLY RESOLVED,  that copies of this Resolution be transmitted to the Governor Linda Lingle, the Department of Land and Natural Resources, the Senate President Colleen Hanabusa, the Speaker of the House Calvin Say, Senators Carol Fukunaga and Brian Taniguchi, Representatives Isaac Choy, Scott Nishimoto and Scott Saiki and to all neighborhood boards.

ADOPTED by the McCully-Mo’ili’ili Neighborhood Board No. 8, by a unanimous vote, 11-0-0, at its regular meeting on April 2, 2009.

/s/Ronald Lockwood, Chair

­­­­­­­­­­­­­­­­­­­­­­­­____________________________________________________________________________­­­­­­

Attachment 3:

RESOLUTION OPPOSING IMPOSITION OF AN AGENDA TEMPLATE

ON ALL BOARDS BY THE NEIGHBORHOOD COMMISSION:

WHEREAS, on March 23, 2009, the Neighborhood Commission voted to adopt an “agenda template” for all neighborhood boards and intends to begin using the set agenda in May 2009, to be followed with a re-evaluation after a six-month period; and

WHEREAS, among the changes in the set agenda is to move the Mayor’s Representative to one of the very first priority items, ahead of resident/community concerns, all board business, and reports from elected officials; and

WHEREAS, this action by the Neighborhood Commission was taken without public hearings and was voted upon only minutes after copies of the proposed agenda template were made available; and

WHEREAS, the Neighborhood Plan contains several provisions that are in opposition to such action by the Neighborhood Commission, including (relevant portions quoted):

Section 2-14-10 Purpose.  “The purpose of this neighborhood plan and the neighborhood boards is to increase and assure effective citizen participation in the decisions of government.”

Section 2-13-102 General Powers, Duties and Functions of the Boards.  “Boards may take the initiative selecting and prioritizing their activities and provide reasonable means to increase and assure effective citizen participation in the decisions of government.”

Section 2-14-111 Meeting Notice and Agenda.  The meeting noticed and agenda shall be prepared by the chair or presiding officer. “

Section 2-14-123 Duties of Officers.  “It shall be the duty of the chair to…prepare the agenda.”

Section 2-14-112 Priority of Business.  “The board shall give priority to representatives of the Honolulu Fire Department and the Honolulu Police Department” (only two agencies afforded priority status, for reason of public safety).

Section 2-20-102 Method of Adoption, Amendment, or Repeal of Rules.  “Before the adoption, amendment, or repeal of any rule of this plan, at least two public hearings shall be held by the commission (and) at least thirty calendar days notice shall be given before the date of each hearing.”

WHEREAS, a set agenda circumvents the authority of each board to determine its own agenda, based on the needs and interests of its own community; and

WHEREAS, placing the Mayor’s Representative ahead of resident/community concerns, thus allowing the Mayor’s Representative to leave at the beginning of the meeting, delays citizen participation, deprives the Mayor of a channel to citizen concerns, and does not “increase and assure effective citizen participation in the decisions of government;” and

WHEREAS, changes to the Neighborhood Plan must follow an official amendment process, as detailed in Chapter 20 of the Neighborhood Commission on March 23, 2009; and

BE IT RESOLVED, that the McCully-Mo’ili’ili Neighborhood Board No. 8 is calls for this action by the neighborhood Commission to be rescinded because it is in violation of several provision of the Neighborhood Plan; and

BE IT FINALLY RESOLVED, that copies of this Resolution be distributed within the City and County of Honolulu to its Mayor Mufi Hannemann, Managing Director Kirk Caldwell, Corporation Counsel, Neighborhood Commission Chair Grant Tanimoto, Neighborhood Commission Executive Secretary Joan Manke, City Council Chair Todd Apo, Councilmember Duke Bainum and each neighborhood board.

ADOPTED by the McCully-Mo’ili’ili Neighborhood Board No. 8 by a unanimous vote, 11-0-0, at its regular meeting on April 2, 2009

/s/Ronald Lockwood, Chair