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KAHALU'U NEIGHBORHOOD BOARD

MINUTES OF REGULAR MEETING

WEDNESDAY, NOVEMBER 8, 2006

KEY PROJECT

CALL TO ORDER: Chair Okuda called the meeting to order at 7:00 p.m.

MEMBERS PRESENT: Robert Cappella, George Okuda, Morris Graham, Jean Paul Renoir, Arthur Machado, Jr., Kurt Mench, Wayne Panoke, Kenneth LeVasseur, Daniel Bender, Amy Luersen, Rich Vermeesch, Gregory Geboski.

MEMBERS ABSENT: Emil Wolfgramm, Rocky Kaluhiwa, and John Piper.

GUESTS: Kaiulani Lambert, D. Keala Naluai (MOKM), Greg Malick, Betsy Gagne, Ethel Yoshimura, Alika Lambert, Patrick Elisary, Linda Debo, Lt. John Cheong and Officer Herbert Lau (Honolulu Police Department ~District 4, Kaneohe), Captain R. Libed (Honolulu Fire Department ~Kaneohe), Sandy Adams, David Henkin, Barry Usagawa (Board of Water Supply), Shannon Wood, John Morgan (Kualoa Ranch), Steve Gumble (SBG Productions), Dianne T. Stevens-Poire, Craig Nishimura (Mayor’s Office/Department of Design and Construction), Peter Young (Governor’s Office/Department of Land and Natural Resources), Katherine Folasa (Chair Donovan Dela Cruz’s Office), Nola J Frank (Neighborhood Commission Office staff).

Chair announced that agenda item 2 was an error that there is no vacancy. Per correspondence received today, the Department of Transportation Services (DTS) has scheduled a meeting for all parties involved including two board members relative to the Hui Iwa and Hui Kelu Streets bus stop and speeding and drifting on Hui Iwa Street, for Tuesday, November 14, 2006. No time or place was received.

Discussion followed:

1. Linda Debo shared that she attended last month’s Council’s Transportation Committee meeting and provided concerns from the neighbors. The next day cement was poured and a pole installed for the bus stop. She stated the bus stop became official on November 1, 2006. The feeling of the community is distrust and that DTS is not working with the community.

2. Luersen added she also attended the meeting. The issue on the agenda was a resolution to install traffic calming for that area. The City Administration is concerned about installing a traffic-calming device because they have issues with that. The petition signed by the neighbors was submitted, as well as testimonies from those unable to attend. All who spoke asked for a meeting to talk about design options and not to jump to a particular design option for traffic calming. One issue is there’s a moratorium on traffic calming. Moving forward, one of the outcomes maybe to investigate traffic calming as a whole not just this particular one. Short notice was given regarding the Transportation Committee meeting. Mayor’s Representative Nishimura said the meeting is tentatively scheduled for 1:30 p.m., 2^nd floor of the Frank Fasi Municipal building. He added the meeting is specifically to address the concerns of the community. Chair said he would be unable to attend the meeting and asked Luersen if she could.  Due to the inconvenience of the time schedule for the meeting, Nishimura was asked to check on alternate dates and times (preferably in the evening) to accommodate the community. Nishimura will follow up with DTS.

3. An audience member noted a letter received from DTS on September 11, 2006 regarding the bus stop. Chair replied that the board received the letter late.

4. Chair reiterated a letter received today from Council Chair Dela Cruz’s officer pertaining to the meeting with DTS and all parties involved including two board members on November 14, 2006, 1:30 p.m., Frank Fasi Municipal building, 2^nd floor.

7:10 p.m. Panoke arrived (12 members present).

Board members and guests were reminded that the Chair must recognize any board member or guest desiring to speak before the board to maintain order and decorum. It was kindly requested that individuals with cell phones have it turned to vibrate mode or off while the meeting is in progress.

INFORMATIONAL SESSION:

Honolulu Fire Department – Captain Libed reported statistics for the month of October included 2 structures (Kaneohe). 3 rubbish, 1 vehicle, 25 medical and 12 miscellaneous response calls (arcing wires, activated alarms, sight of smoke, etc.)

The holidays are a time for celebration and that means more cooking, home decorating, entertaining and an increased risk of fire due to heating equipment.

• Unattended cooking is the leading cause of home fires in the United States.
• After a party, check for smoldering cigarettes.
• Use caution with holiday decorations and, whenever possible, choose those made with flame-resistant, flame-retardant, or noncombustible materials.
• Purchase only lights and electrical decorations bearing the name of an independent testing lab, and follow the manufacturers’ instructions for installation and maintenance.
• Do not overload extension cords.
• Try to keep live trees as moist as possible by watering them daily.
• When purchasing an artificial tree, ensure it is with fire-retardant materials.

Questions and comments:

Honolulu Police Department – Lt. Cheong reported statistics for the month of October included auto theft recovery 5, motor vehicle thefts 4, thefts 4, robberies 3, U.E.M.V (unauthorized entry into motor vehicle) 10. There was a total of 496 response calls to the Kahalu’u area. Officer Herbert Lau was introduced and gave the Safety tip report. Officer Lau circulated information relative to the Neighborhood Security Watch (NSW) program, which is available to interested communities. He summarized that this proven and effective crime-fighting tool will make your neighborhood a safer place to live in and deter criminals a place to conduct their illegal activities. Interested persons may call the Community Policing Detail at 247-0748 for brochures or a presentation.

Questions and comments:

An audience member thanked HPD officers for their assistance with illegal drug activity in the Ahuimanu area. It was stated their presence has made a huge dent, with fewer problems occurring and mentioned that the Pau Hana Patrol at Malumalu Place and Ahuimanu Loop would be on their regular patrol Friday afternoon.

1. Regarding last month’s statistics on hazardous driving, a question was posed if other area comparisons were available. Lt. Cheong responded no, but officers are reminded in line up to be aware of hazardous drivers.

2. Chair announced that HPD is scheduled for an on-site assessment, December 10 through 13, as part of the program to achieve reaccreditations by verifying it meets professional standards. As part of the assessment, the public is invited to offer comments by calling 479-6307 on Monday, December 11, 2006, from 12:30 p.m. to 4:30 p.m. Persons wanting to submit written comments about HPD, may write to: Commission on Accreditation for Law Enforcement Agencies (CALEA), 10302 Eaton Place, Suite 100, Fairfax, Virginia, 22030-2215. For more information contact the HPD office of Accreditation at 529-3323.

Lt. Cheong and Officer Lau were thanked for attending the meeting.

Board of Water Supply – Barry Usagawa reported the following:

1. There were no water main breaks for the month of October.

2. The Board of Water Supply (BWS) thanks its customers for conserving water during last month’s earthquake and the ensuing blackout. Your efforts helped to insure that the community continued to have access to water throughout the day.

3. BWS has a two-pronged approach to sustaining water supply during a power outage, which are first, the reservoirs have about a 24-hour average storage capacity; and they have permanent backup generators at key strategic facilities as well as mobile generators that allow for a maximum flexibility. Arrangements have been made with other city, state and federal agencies to pool resources in the event of any prolonged power outage. There was no need to utilize these networks during this particular incident, however, if the power outage had continued, BWS, as an essential utility, would have had priority status for access to fuel and generators, as needed.

4. BWS will issue water advisories during an emergency. The one key message BWS would like to stress is ...whenever there is a power outage, please immediately and automatically begins conserving water.

5. BWS believes there is always room for improvement so they are currently re-evaluating their emergency response plans to find ways to ensure their response is even better the next time.

Questions, answers and comments:

1. LeVasseur relayed that the day of the earthquake the BWS dispatchers were at a loss and HECO was slow at responding to questions. Usagawa replied a big briefing was held after the earthquake and the key issue to work on is communication. He agreed that HECO took a long time in responding as to how long the power outage would be. When the electricity started to come up again a couple of the pump motors burnt out. BWS is amending its emergency response plan.

2. LeVasseur asked if BWS could assist with a saltwater pump to mitigate the odor problem at the marsh. Follow up will be done.

Barry Usagawa was thanked for attending the meeting.

Marine Corps Base Hawaii – No representative was present.

Kaneohe Bay Regional Council – Discussion followed:

1. In a response to a question posed to Peter Young and rules for Kaneohe Bay, he replied the rules would be brought back to the Council after the completion of review by the Attorney General’s office.

2. Panoke relayed information regarding the coastline sports activities occurring at Kaneohe Bay, he heard that some of the thrill craft companies are getting out of the business. He also heard discussion pertaining to a proposed sanctuary like the one at Hanauma Bay. John Morgan answered that the Planning Committee recommended a small area such as that and a conclusive result is forthcoming.

Chair presented a certificate to Jean Paul Renoir newly appointed board member.

APPROVAL OF THE OCTOBER 2006 REGULAR MEETING MINUTES: The following corrections/additions were made:

Page 1, line 18, “...delete Panoke – he arrived earlier...”

Page 1, Filling of Vacancy, line three should read, “... Two audience members, David Henkin and Keala Nalua nominated themselves...”

Page 1, paragraph 7 should read, “…Panoke disclosed that Mr. Henkin represents the Liliuokalani Coalition on legal matters, of which he is the director and would refrain from voting…”

Page 1, delete paragraph 9 (repetition).

Page 6, Hui Iwa Street Bus Stop, item 2 should read, “… Elisary… “; Item 6 delete “…Geboski…”

Page 7, Governors Representative, Questions, answers and comments item 2, sentence 2 should read, “… A recently installed placard at Heeia Kea fronting the boat ramp indicated crafts riding area allowed  …”; 4th sentence should read, “…Ocean recreation manager…”

Page 8, item 4, sentence 1 should read, “…now…”

Page 9 after paragraph 9 add, “…Wolfgramm left the meeting at this time…”

Page 9, vote 3 should read, “…Renoir 8 (Graham, LeVasseur, Mench, Okuda, Panoke, Piper, Cappella, Vermeesch; Henkin 3 (Machado, Bender, Geboski); Naluai 0…”

Page 9 Announcements, “… delete sentence 2…”

Machado moved and seconded by Bender to accept the October 2006 regular meeting minutes as corrected. The motion carried 11-0-1, with Luersen abstaining.

Additions/corrections to the September 2006 regular meeting minutes: Page 1, item #1 should read, “...Public Concerns not on the Agenda, 1 should read, “...Luersen explained that since the land use issue was brought up at the public meeting...”

Without objections corrections/additions to the October 2006 regular meeting minutes were accepted as corrected.

TREASURER’S REPORT: Treasurer Bender announced $2,135.00 in the board’s account. The treasurer’s report was accepted, subject to audit.

Videotaping of Board Meetings – Bender reported he spoke with a videopgrapher regarding taping of the board’s meeting and was informed the charge is $200.00 per session for three hours; no editing is done to tape.

Discussion ensued: a) Luersen relayed that the issue has been brought up for the past 10-15 years. She opposes because of the importance of what takes place at the meetings.  Concern was posed that the microphone might change the behavior of people and lengthens the meeting. b) Audience member Naluai said at a Commission meeting it was mentioned that videotaping of board meeting would go from start to finish. She added the offer for a videographer should be kept within the community. c) Chair asked by a show of hands how many people present were qualified (through Olelo) to videotape and five hands were raised. C) An audience member shared as a former chair of another board he finds people who are unable to attend board meeting will watch them on Olelo. He suggested if the board decides not to video that the funding be used for outreach in the community. E) Mench was in favor only if the taping were to be done on a pertinent issue. F) Machado questioned the location of the banners that were purchased by the board are supposed to be put up to announce the monthly meeting. He also noted he attended the Kaneohe Board meeting, where they have several microphones set up for the board members and one for the audience. G) Without objections, this matter was deferred until the next board meeting.

UNFINISHED BUSINESS:

Hui Iwa Street Bus Stop – Chair reiterated his earlier announcement that a meeting with the Department of Transportation Services (DTS) and all parties involved is scheduled for Tuesday, November 14, 2006, 1:30 p.m. at the Frank F. Fasi building, 2^nd floor.

Discussion and comments followed:

1. Greg Malick supports the bus stop. Chair informed him if he is unable to attend the meeting a written testimony could be taken to the meeting for him.
2. Betsy Gagne was in support of the bus stop. She asked if a meeting could be scheduled when the public could attend. She is also aware of the speeding and drifting going on because it is difficult to cross the street.

3. Chair asked Mayor’s representative Nishimura if a night meeting could be scheduled to accommodate the community. Follow up will be done.

4. Panoke questioned the purpose of the meeting because one memo says it is a proposal and another memo states it has already been resolved. Chair replied the meeting is to address both issues. One of the issues is that those in opposition would like to know what policy the department follows in terms of determining where bus stops are to be installed; they never got an answer. Panoke added is it in the best interest of the community that were are asking DTS to come out because of an issue that certainly we know is not going to change the fact that there is a bus stop there. He believes what the board needs to address is the manner in which it was done. Chair added it was suggested that the bus stop be used for an express stop because most riders are working people and use the bus only in the morning and evening. To date no response has been received by the community.

5. Relative to the DTS meeting, Luersen noted her understanding is that the decision for the bus stop has already been made, but traffic calming issues would be discussed.

6. Panoke stated that if the meeting date changes more planning should be put into the rescheduled meeting because there are other pressing issued that should be discussed in that kind of setting, and ask that other department administrators responsible for other areas such as parks, be present and have the meeting as an evening for raising community concerns. Chair said one of the problems is that when the community voiced their concerns they received no responses.

7. Luersen stated she is setting her watch to help to keep with the time frame to get to other agenda items.  The issue about where we have the meeting or what the meeting is about will not be resolved at this meeting. A meeting is set up on November 14 with DTS to talk about two particular transportation issues and we should focus on resolving them. There are other issues in the community, however if the meeting were broadened too widely it would take months to organize.

Kahalu’u Regional Park Update – Craig Nishimura gave the following update: Plans are to fix the soil problem by removing and re-screening the top six-inches of soil and removing the rocks, amending the area for faster grass growth. Per the Administration, the project will proceed for completion as soon as the contractor addresses the run-off issue and are waiting for the revised proposal. Regarding maintenance of the landscaping, the contractor’s contract was curtailed. The City is hoping to address the situations and attempt to drain the area surround the trees to avoid root rot. There are two sets of extensive plans showing the drainage system. It will take approximately ten month for completions to remove what is there, install the drainage system and replant. The longest item is maintenance for the grass to grow, which should take about 150 days.

Questions and comments:

1. Luersen commented that two month’s ago the same proposal was heard, and asked if the design has gone to the contractor. Nishimura replied yes. It will take a few weeks for project to proceed because of a change order document. Nishimura was not sure how soon, but noted the earliest the better.

2. Panoke noted if the project starts in December 2006, ten months would be September, the Pop Warner League and Little League would have to be notified that the park would not be ready.

3. Machado voiced that when Mayor Hannemann attended the meeting he said funding for the park was available. The response was there is approximately $1.25 million available.

4. Relative to the weather, resident Henkin asked how robust would the drainage system be in protection for the run-off.

5. In anticipation of rainy days, Chair asked if this was included in the contract. Nishimura responded it was not basically put in the contract, but extended days were put in.

6. Cappella relayed that several years ago root rot occurred because the water was not turned off.

7. Regarding the change order process to the contractor and approval, after awarded it is the contractor’s responsibility. The contractor for the project is Iida.

8. Panoke commented the board’s capacity is advisory for the community and the board is working with the Administration to expedite fixing of the park to open as soon as possible for the community.

Machado noted because the park is a major project, requested a monthly update.

Craig Nishimura was thanked for his report.

Kahalu’u Neighborhood Board Recognition Program – Deferred.

Pulama Road Closure Update – Mayor’s representative Nishimura will follow up.

Iuiu Street Run-off Update – A lengthy discussion ensued:

1. Resident Alika Lambert expressed his concern from the March 2006 meeting about the possibility of trees on privately conservation land falling on to neighboring private homes and to date have not been cut down.

2. Peter Young, Director of the Department of Land and Natural Resources (DLNR), reported a letter of response to Council chair Dela Cruz letter was circulated among board members. According to the information provided by Council Chair Dela Cruz, community members have tried unsuccessfully to work with the landowner to have him trim trees on the property. Departmental records show the parcel is private property located in the Conservation District. Per the May 11 board minutes, Young relayed that he spoke with the recorder and corrected the misunderstanding and what he believes he stated was that “DLNR could assist in the permitting process if a permit were needed. It would still be the property owner’s responsibility to apply for the permit and arrange for the tree trimming.” If a neighbor has a problem with another neighbor relative to trees the State lets them work the problem out. Young stated that DLNR does not enter private property to trim trees or clean drainage systems.

3. Audience member Alika Lambert stated the problem has never occurred until this past March or April. Relative to Council Chair’s letter dated August 21, 2006, he questioned why the response letter was dated today (November 8, 2006) and why did it take so long for the response. A letter sent to neighbors by Kawamoto’s representative states anyone entering the property in the conservation area will be prosecuted for trespassing. According to the letter no one is allowed to set foot on the property to cut the trees. Concerns was expressed if the trees falls on a neighboring house, whom do they talk to.

4. A comment was made if a property is not maintained the City could send a letter to the owner to clean the property because of safety and health. If the owner does not comply the city would clean the property and bill the property owner. He wanted to know if this could be done in this situation, and if no, why not. . Nishimura will follow up.

5. Lambert asked if a letter would be sent from DLNR to Kawamoto, then Kawamoto’s representative would respond. Lambert said that Kawamoto’s representative responded to a copy of the letter from DLNR, but his letter of concern wasn’t answered. 

6. Resident Marcus Laban stated the problem is the encroachment of trees from the Kawamoto property hanging over to adjacent properties. A question was posed if the City has jurisdiction. Nishimura will follow up.

7. Resident Kaiulani Lambert said copies of the Hawaii Revised Statures (HRS) were circulated highlighting HRS 13-5-1, 13-5-12, AND 13-5-22, relating to hazards. She stated the residents should not foot the bill.

8.   Panoke relayed the Iuiu Street issue has been on the board’s agenda since February of this year, the discussion has not changed, and the matter seems to be a public safety hazard issue. Young reiterated the State is not allowed to entry private property to fix a problem, but will assist with the permit process. Panoke added, in the entire State system are there laws that would allow these people to be taken care of. Young replied he did not know, but knows that he does not have a crew available. Panoke stated he understands that the State does not own the land, but saying that the State does not send out crews to cut the trees is unacceptable. Young replied that was not what he said and what was referenced tonight is that this may also be a City issue. He restated the State does not have a crew to trim trees on every neighbor’s property. He added he did now know how the State could assist but offered to review the statues to see if they reference a City responsibility. He will also call attention to the reference that was circulated relating to identified land use, which has to do with the permit process required for the removal of dead or diseased trees native or non-native, and does mention the removal of an x amount of trees. Lambert added a neighbor had a bee problem on private property and the Vector Division of the Department of Health removed the bees. He stated the departments are not being consistent and asked are there laws that dictate what should be done. Young restated that trees are allowed to grow on conservation land, but DNLR does not enter private property to cut them because it is the responsibility of the property owner. Lambert thanked Council Chair’s aide Katherine Folasa for her assistance.

8. Resident Lambert commented that the letter sent was dated August 21, 2006 and the response letter is dated today. Residents received a letter from Kawamoto stating that trespassers would be prosecuted. Young apologized for the delay and emphasized that the State is not in a position to enter private property to cut trees. If it is a neighbor-to-neighbor issue there is another process to follow. The State will assist with expediting permits.

9. The question was posed is Kawamoto responsible for trimming the trees if they pose a public issue. Young restated DLNR does not enter private property to cut trees.

10. Machado relayed in May 2006 he was forced to secure his own attorney. A letter of concern was sent to DLNR, and a copy of the response letter was sent to Kawamoto’s representative. In May he received a letter from Kawamoto’s attorney and the trees near his property were trimmed in July. Concern was expressed because Kawamoto’s attorney took no action until he received a copy of the letter from DLNR to Machado. Machado noted there are 50 residences below Kawamoto’s property. It was relayed do we expect the elderly community members to retain an attorney to get things done. It seems as though a billionaire owner has the power to do as he wishes. The feeling from the community is that there is no help from anyone. It was pointed out that correspondence and phone call to Kawamoto’s representative are unanswered. Young stated this is a neighbor-to-neighbor issue and asked if the government should step in every time there is a conflict with neighbors’ houses.

11. Geboski asked Young’s opinion relative to a public health issue on private property. Young replied there is a responsibility as a property owner to maintain their property. It was reiterated the State would expedite a permitting process if it is required, but not enforce a health hazard. He asked what is the health hazard?

12. LeVasseur commented, when an issue affects numerous members of the public through their private property by one property owner or corporation, should not the State encourage the large landowner to be responsible for not threatening the lives it affects, and back the rights of the little guys. In a punitive sense if the property owner fails to maintain his property and his trees hanging over affecting the neighbors, could the neighbors cut the trees and bill the neighbor? Chair asked if it is City policy sections before that refers to the permit process, if required DLNR will expedite the permit process so the dead trees could be removed.

13. Luersen voiced conservation is a zone not necessarily ownership. Although conservation, there is a process to getting the trees cut. Neighbors are saying this is a public safety issue and questioned who has made that determination. If determination was done by a public entity the State should be responsible in assisting with addressing this issue. She questioned who determines if this is a safety issue or not. If the community feels this is a safety issue whom do they go to for assistance? Young was not sure, but committed to help resolve this process; he did not commit to entering private property because someone says they want DLNR to cut the trees now and violate the law. He believes there is shared jurisdiction with the City and will research the answers. The State has jurisdiction because of the conservation district, which is typically for the permitting process.

Mench moved and seconded by Luersen that the newly elected Governor review the issue and draft a letter to Kawamoto to be a good neighbor.

Further discussion followed: 1) the motion was amended adding determination of public safety. 2) Vermeesch suggested facilitating an arborist to check the trees. 3) Geboski noted it should be an official determination. 4) The motion was amended to include the Mayor, have existing laws checked regarding public safety with a deadline. 5) Luersen asked has the government entity determined if there is a public safety issue; send a letter to Kawamoto; mediation is available for neighbor-to-neighbor issues. 6) Geboski noted determination and it is the State’s responsibility if they find the area a safety issue on private property. 7) Mench voiced the neighbors are in jeopardy of the trees falling onto their property, threatening their lives, and agreed with a letter sent to the Governor and Mayor. 8) Panoke noted it is great that Young would facilitate the issue. In addition to the letter to the Governor and the Mayor he suggested a call or visit to the neighbors. 9) The motion was amended to send a copy to Kawamoto’s attorney.

The motion was amended adding the determination of public safety, to include the Mayor and a copy to Kawamoto’s attorney. The motion carried unanimously, 12-0-0.

Naluai stated that Chair Okuda should call the board members to order, as she believed board members were off the agenda subject.

NEW BUSINESS:

Board Complaint for Action – Chair reported the board received a letter of complaint regarding a Board member not residing in his subdistrct from the Neighborhood Commission Office (NCO) filed by Keala Naluai. Luersen read a letter she drafted to Executive Secretary, Joan Manke of the NCO.

Panoke moved and seconded by Bender to accept the draft letter, which becomes formal under the chair’s signature.

Discussion followed – 1) the motion was amended that a copy be sent to the Neighborhood Commission chairperson. 2) Luersen asked what is the reason the board is being put in a position by the NCO. It is not for the board to address but the NCO.

 The motion carried unanimously 12-0-0.

The O’ahu Music Festival at Kualoa Ranch – Steven Gumble of SBG Productions, and John Morgan of Kualoa Ranch, presented an overview of the operational and crowd management outline for the concert in May. The concert date is forthcoming. Copies were available for interested persons to review.

Questions, answers and comments:

1. Beer and wine will be served at the music festival, which should last six to eight hours ending at 6:00 p.m.

2. Bender asked if the serving of alcoholic beverages could be stopped a few hours prior to the end of the event? He added that the board testifies at the Liquor Commission if any changes were made to the liquor application relative to the time serving of alcohol would stop.

3. The festival will consist of various types of music such as national acts, local bands, etc. It is dedicated as a family event.

4. The Music Festival will be a one-day event.

5. Panoke commented he was impressed with the outline, but expressed concern about the serving of alcohol because the highway is dangerous. He stated that every attempt be made to stop serving liquor by 3:00 p.m.

6. Luersen asked Morgan under the current Conditional Use Permit (CUP) will changes have to be made. Morgan replied a few things would have to be amended and updated and would be brought to the board.

7.   Panoke offered to serve on the group’s planning committee.

Steve Gumble and John Morgan were thanked for attending the meeting.

Kaneohe Bay Regional Council (KBRC) Board 29 Representative – Discussion followed: The KBRC meets quarterly. 2) Mench relayed that at the last KBRC board meeting they moved ahead on the rules. Peter Young responded that the rules are under review with the Attorney General’s office and upon completion will be sent back to KBRC for a public hearing.

Bender nominated Mench to represent Board 29; Mench declined. Mench moved and seconded by Bender nominated Art Machado, Jr. to represent Board 29 at the KBRC board meetings. LeVasseur moved and seconded by Geboski to close nominations. There were no objections.

Discussion: Luersen said that the board must send a letter of recommendation to the Governor.

The motion carried unanimously, 12-0-0.

Bender moved and seconded by Luersen to ask the NCO to request for assistance to City’s Corporation Counsel for an official opinion relative to the category. The motion carried unanimously, 12-0-0.

December Board Recess – Panoke moved and seconded by Bender that the board recess in December. The motion carried unanimously, 12-0-0.

REPORTS BY PUBLIC OFFICIALS:

Mayor’s Representative – Craig Nishimura of the Mayor’s Office, everyone is encouraged to attend the Transit Symposium meetings. A meeting is scheduled for Monday, November 20, 2006, Windward Community College Akoakoa Room, at 6:00pm. Board members and guests were invited to attend Honolulu City Lights, Saturday, December 2, 2006 at Honolulu Hale, which will include an electric parade, tree lighting ceremony, food, entertainment, etc.

Questions, answers and comments:

1. LeVasseur expressed concern regarding Kamehameha Highway fronting King Intermediate School of illegally parked cars. He asked if no parking signage could be installed prior to next year’s season. Follow up will be done.

2. Follow up will be done relative to a previous request for the Neighborhood Commission’s Executive Secretary requesting a meeting with Corporation Counsel about the Pulama Road closure with board Transportation Committee Chair Ken LeVasseur and board member Wayne Panoke.

9:35 p.m. Panoke left (11 members present).

Governor’s Representative – Peter Young distributed copies of the Governor’s Weekly News and was available for questions.

Questions, answers and comments:

1. Mench mentioned he saw jet ski riding signage at Heeia Kea Pier and asked how did that area become designated. The sign is a direct conflict with area divers and emphasized a safety issue. Jet skiers were previously allowed to ride at the sandbar in the central shallows; the plan calls for recreational activity to be outside of the breakers, but now is allowed directly near the divers. Young answered an amendment should be made to KBRC. Mench added he opposes the ruling and wanted to know how it got put into the boating rules. Young replied it is a designated commercial area and the map at the pier shows it is consistent with the rules.

2. Chair relayed three months ago a question was posed relative to House Concurrent Resolution 173, relating to streams throughout the state, and asked if the Department of Land and Natural Resources (DLNR) works with the counties on stream maintenance.

3. Relative to the bill relating to tax credits for flooding, Chair asked what is the process for the public to apply. Follow up will be done.

4.   Cappella asked if the floating excavator (that was being used at the Botanical Gardens) has been repaired. Young said it is being used in other areas and added it was given to the State, but has been returned to the City. Nishimura will follow up.

U.S. Congressman Ed Case – No representative was present.

Council Chair Donovan Dela Cruz – Katherine Folasa circulated the monthly report and a press release, and noted:

1. On November 2, 2006, the Committee on Transportation and Planning supported Bill 79, CD1, which tentatively selected rail as the mode and identified five possible alignments. Community input is critical for the success of this project. A public meeting is scheduled for November 20, 2006, Windward Community College Akoakoa Room, at 6:00 p.m. Bill 79, CD1 is scheduled for a 2^nd Reading/Public Hearing meeting following the conclusion of the Transportation and Planning public meeting on December 7, 2006.

2. Resolution 06-319, urging the Administration to install a traffic-calming device at the intersection of Hui Iwa Street and Hui Kelu Street in Kahalu’u.

3. Resolution 06-346, urging the City Administration to complete the construction of the Kahalu’u Regional Park by 2007, is yet to go to committee.

4. The resolution to name the Kahalu’u Regional Park after Hiram Fong is yet to go to committee.

Questions and comments:

1. Luersen mentioned if a traffic calming were done it would cost a lot of money. Folasa replied it would be possible to do a study and design.

2.      Councilmember Charles Djou is the councilmember proposing resolutions naming parks on the Windward side of the island. Chair suggested interested persons to give testimony at the hearings pertaining to this matter.

3. Mench asked if more funding could be found for the ocean side of the park near the canoe halau. Follow up will be done.

4. Chair noted that Resolution 06-346 relates to urging the City Administration to complete the construction of the Kahalu’u Regional Park by 2007 was distributed. Panoke commented per the information received tonight from Mayor’s representative Nishmura, the park would be completed in 2007.

5. Folasa noted she is working with the State regarding the Iuiu Street issue; a letter was sent to the Governor with copies to LeVasseur and Panoke relative to the Pulama Road Closure.

Katherine Folasa was thanked for attending the meeting.

Senator Clayton Hee – No representative was present.

Representative Colleen Meyer – No representative was present.

COMMITTEE REPORTS:

Water Conservation and Allocation – Luersen reported the Waiahole water case continues and is being appealed. The decision are getting smaller, for the first time the Water Commission voted with the Windward parties.

Amy Luersen was thanked for her report.

There were no other Committee reports.

ANNOUNCEMENTS: Chair announced the following:

• Neighborhood Board Elections deadline for candidate filing is Tuesday, January 16, 2007 by 4:30 p.m. at the Neighborhood Commission office or postmarked January 16, 2007.
• Board Recess in December. Next meeting will be on January 10, 2007, KEY Project, 47-400 Waihee Road, at 7:00 p.m.

ADJOURNMENT – The meeting adjourned at 10:25 p.m.

Submitted by,

Nola J. Frank, Neighborhood Assistant

Reviewed by George Okuda, Chair