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KAILUA NEIGHBORHOOD BOARD NO. 31

REGULAR MEETING AGENDA

THURSDAY, SEPTEMBER 7, 2006

KAILUA RECREATION CENTER

21 SOUTH KAINALU DRIVE

7:00 P.M. – 10:00 P.M.

OLELO BROADCAST CHANNEL 49 MONDAY 9:00 P.M.

Visit: neighborhoodlink.com for more information from Kailua Neighborhood Board

The Neighborhood Board: Excerpts from the Revised Charter of the City & County of Honolulu 1973 (1994 Edition/Supplement) ARTICLE XIV Neighborhoods & Neighborhood Boards: Section 14-101. Neighborhoods & Neighborhood Boards to increase & assure effective citizen participation in the decisions of government shall be established in accordance with a neighborhood plan (Reso. 84-231)

I. CALL TO ORDER: 7:00 P.M.

II. FILLING OF VACANCY SUB DISTRICT 1: (Kalaheo Beach Lots, Lanikai, Kailua Beach area) 7:01 P.M.

(Section 3-9.5 RNP 1998 Edition) Interested members of the community should come to the meeting and express desire to serve. If elected, that person will begin their term immediately. Term runs until May 30, 2007.

A. Nominations

B. Elections

C. Oath of Office

III. UNFINSHED ACTIONS: None. 7:05 P.M.

IV. APPROVAL OF MINUTES: August 3, 2006 7:05 P.M.

V. AGENCY REPORTS: 7:08 P.M.

A. Honolulu Fire Department (HFD) – Capt. Damien Kahaulelio

B. Honolulu Police Department (HPD) – Lt. Kennard Finn

C. Emergency Medical Services (EMS) – Robert Pedro

D. Marine Corp Base Hawaii (MCBH) – Lt. Col Patricia Johnson

E. Board of Water Supply (BWS)

F. Honolulu Liquor Commission (HLC)

Questions & answers for the above (one minute to question / one minute to answer)

VI. CITY AND STATE PROJECTS: 7:15 P.M.

A. Kailua Road Rockslide Mitigation Project Update – Brennon Morioka (SDOT) (15 minutes)

B. 2007 Sewer Improvement Projects Update: 1) Wanaao Road, 2) Kailuana Loop, 3) Kailua Road –

Glenn Okita, DDC (10 minutes)

VII. ELECTED OFFICIALS (Written reports welcomed, 2 minutes per) 7:45 – 8:15 P.M.

A. Mayor's Representative – Dan Orodenker

B. Governor's Representative – Mark Recktenwald

C. Representative Pono Chong

D. Representative Cynthia Thielen

E. Representative Tommy Waters

F. Senator Fred Hemmings

G. Senator Bob Hogue

H. U.S. Congressman Ed Case

I. Councilmember Barbara Marshall

Questions & answers for the above (one minutes to question / one minutes to answer)

VIII. COMMUNITY ISSUES: 8:15 P.M.

Please sign in at the meeting, complete a community concern form or email to: kathybryant@dpr4adr.com (Comments should be limited to two minutes)

IX. COMMUNITY PROJECTS AND NOTICES: None. 8:25 P.M.

X. BOARD ACTIONS: 8:26 P.M.

A. Planning, Zoning and Environmental Committee:

1. MOTION: Relating to Bill 28 – Easement for Communications facilities on City Property:

It is the position of the KNB that all antennas be stealth in design and co-located.

B. Government & Community Service Committee:

1. Support Ballot Proposal 27 – § 6-207. Liquor Commission -- "liquor control

administrator and deputy liquor control administrator shall be exempt from civil service . . ."

2. Support Ballot Proposal 33 - §6-603. Powers, Duties and Functions – addition of

"provide emergency medical care and service as the primary pre-hospital medical

resource" … Provide "injury prevention" . . . responding to emergencies arising on the beach and in the near shore waters. Be responsible for ocean safety training and operation and function as the primary resource for ocean safety; provide education and risk reduction programs related to ocean safety."

3. Support Ballot Proposal 34 - § 9-106. Administration and Enforcement of the Budget Ordinances – "Appropriations authorized in the executive capital budget ordinance or any supplementary appropriation shall be considered valid only for the fiscal year for which made and for twelve [six] months thereafter, and any part of such appropriation which is not expended or encumbered shall lapse twelve [six] months after the end of the fiscal year."

4. Support Ballot Proposal 71 - § 6-803. Powers, Duties and Functions – "The director of the department of environmental services shall: (e) Develop and administer solid waste collection, processing and disposal systems including a comprehensive curbside recycling system."

5. Support Ballot Proposal 75 - § 11-107. Ethics Commission – "In accordance with the prohibition in Hawaii Constitution Article XIV, the members of the ethics commission shall be prohibited from taking an active part in political management or in political campaigns.

6. Support Ballot Proposal 76 - § 6-1608. Political Activities Prohibited – delete "Except for exercising the right to vote, no member of the police department shall support, advocate or aid in the election or defeat of any candidate for public office. Any violation of this section of the charter by a member of the department shall be cause for summary dismissal from the department. Footnote 31: Prohibition ruled unconstitutional by the First Circuit Court in Civil No. 96-3234-08, SHOPO v. City and County of Honolulu, et al.; decision not appealed by City."

7. Support Ballot Proposal S-6 - § 3-402. Procedure for Enactment and Adoption --; § 12-103. Recall Petition; Recall Election; and §15-101. Initiation of Amendments or Revisions – delete "social security number"

8. Support Ballot Proposal S-10 – add "§ 13-1. Public Notices via Electronic Medium.

Whenever a public notice is required by this charter or by ordinance to be published in a daily newspaper, the public notice shall also be distributed via a widely accessible electronic medium (e.g. the city website) within the same timeframe as the newspaper publication." And §13-106. Public Hearings; Notice – 2. Notice of any public hearing shall be adequately publicized at least ten days prior to such hearing via a widely accessible electronic medium (e.g. the city website) and"

9. Oppose Ballot Proposal 78 - § 4-104. Appointment, Confirmation and Removal of Officers and Employees – delete "§ 6-103 – Civil Defense Agency"

10. Oppose Ballot Proposal 1 – § 3-122. Salary Commission – deletion of "but shall take affect without their concurrence sixty calendar days after its adoption unless rejected by a three-quarters vote of the council's entire membership. The council may reject either the entire resolution or any portion of it."

11. Oppose Ballot Proposal 55 – "Alternative A: Eliminate term limits and staggering of

council terms. § 3-102. Number, Election and Terms of Office of Councilmembers; Repeal §16-122 Transitional Provisions for the Elimination of Councilmembers' Staggered Terms and the Extension of Term Limits From Two to Three Consecutive Terms; § 13-166. City Elections--; Alternative B: Limit council term limits to three consecutive four-year terms and eliminate staggering of council terms. § 3-102 Number, Election and Terms of Office of Councilmembers; §13-166. City Elections; Repeal § 16-122 and insert as new language"

XI. COMMITTEE REPORTS (Five minutes per committee) 9:10 P.M.

A. Permitted Interaction Groups

1. Enforcement of B&B and TVU Update – Josh Wisch

2. Neighborhood Plan Review – Jon Chinen

B. Transportation & Public Safety Committee – Faith Evans, Chair

1. No Report. See September Committee agenda for upcoming issues

COMMITTEE MEETING: Wednesday, September 20, 2006, 7:00 p.m. Kalama Beach Park

C. Government & Community Services – John Chinen, Chair

1. Legislative Liaison update

2. BOE Land Proposal update

3. Revised Draft Neighborhood Plan Review update

4. Audit Report of the Neighborhood Board System update

a. City Resolution 06-291: establishing a Task Force to review the effectiveness and

efficiency of the Neighborhood Board System

5. Charter Commission Proposals update

6. Mass Transit costs to Kailua residents

COMMITTEE MEETING: Saturday, September 16, 2006, 2:00 p.m. Zippy's Kailua

D. Parks and Recreation – Chunk Prentiss, Chair

1. Kailua Beach Park Commercial Activities

COMMITTEE MEETING: Tuesday, September 19, 2006, 7:00 p.m. Kalama Beach Park

E. Planning, Zoning and Environmental – Donna Wong, Chair

1. Waimanalo Gulch Landfill Leeward update – Jim Corcoran

2. Letter of inquiry sent to the Department of Health Clean Water Branch regarding Ameron

Quarry NPDES permit

COMMIITTEE MEETING: Tuesday, September 19, 2006, 7:00 p.m. Kalama Beach Park

F. Executive Committee, Board Chair, Vice Chair, & Secretary/Treasurer

1. Status of Complaints

2. Treasurer's Report

3. Process to add items to the agenda

COMMITTEE MEETING: Tuesday, September 26, 2006, 8:30 a.m. Agnes Bakery

XII. OTHER REPORTS: 9:40 – 9:45 P.M.

A. Civilian – Military Council – Jim Corcoran

B. Kailua Chamber of Commerce – Joe Harding

XIII. NEW BUSINESS: None.

XIV. BOARD ANNOUNCEMENTS: 9:45 – 10:00 P.M.

A. August Agenda items to Chair by September 25, 2006

B. Committee correspondence copied to Chair and Secretary

C. Committee to begin looking at any CIP projects for next city and state budget

XV. ADJOURNMENT

BOARD COMMITTEE MEETINGS

GOVERNMENT & COMMUNITY SERVICE COMMITTEE: Jon Chinen, Chair; Jim Corcoran, Vice Chair; Members: Larry Bartley, Linda Ure, Bill Wilson, Josh Wisch, and Debbi Glanstein

Third Saturday, September 16, 2006, 2:00 p.m. at Zippy's Restaurant in Kailua

I. Call to Order

II. Community Concerns & Presentations

III. Unfinished Business

IV. Committee Updates

A. Legislative Liaison Report – Debbi Glanstein

B. Audit Report of the Neighborhood Board System

C. Revised Draft Neighborhood Plan Review – PIM update

D. Charter Commission Proposals: 36; 55; 91; and S-9

E. Mass Transit costs to Kailua residents

V. New Business

1. CIP Projects

VI. Adjournment

PARKS & RECREATION COMMITTEE: Chuck Prentiss, Chair; vacancy, Vice Chair; Members: Bill Wilson, Mike Dudley, Linda Ure

NO COMMITTEE MEETING IN SEPTEMBER

PLANNING, ZONING & ENVIRONMENTAL COMMITTEE: Donna Wong, Chair; Jim Corcoran, Vice Chair; Members: Linda Ure, Larry Bartley, Chuck Prentiss, Debbi Glanstein

Third Tuesday, September 19, 2006, 7:00 – 9:00 p.m. Kalama Beach Park (Boettcher Estate)

l. Call to Order

ll. Community Concerns and Presentations

lll. Unfinished Business

lV. Committee Updates

A. Clearwire Antenna: proposed location Kailua High School, Matt Miura, Cascadia PM (5 min.

Presentation, Q&A to follow)

V. Unfinished Business

Vl. Committee Updates

A. Waimanalo Gulch Leeward – Landfill Extension

B. Care Homes on Kupau and Oneawa Streets

C. City Bill 38: relating to solid waste

D. City Bill 87: relating to solid waste

E. Proposed Charter Amendments:

1. Proposal 91: create new section Clean Water, Natural Lands and Affordable Housing

2. Proposal S-9: creates new section: Section 6-17 Pedestrian and Bicycle Friendly City &

County of Honolulu

F. City Resolution 06-273: to allow hotel use near transit centers

G. City Resolution 06-286: zoning for development around transit stations, transit-oriented development

("TOD")

VII. New Business

A. CIP Projects

VIII.Adjournment

TRANSPORTATION & PUBLIC SAFETY COMMITTEE: Faith Evans, Chair; vacancy, Vice Chair; Members: Michael Correa, Susan Dowsett, Debbi Glanstein, Dale Gibler, Chuck Prentiss, Linda Ure

Third Wednesday, September 20, 2006, 7:00 p.m. Kalama Beach Park Meeting Room

I. Call to Order

ll. Community Concerns & Presentations

lll. Unfinished Business

lV. Committee Updates

A. SDOT Rockfall Mitigation Project: committee to make decision on this project to present to

the full board in October

V. New Business

A. Create a joint resolution with Kailua Chamber of Commerce recommending removal of fences

in Kailua

B. Kalaheo Sewer Project completion: request for bike path repaving

C. CIP projects

D. Vice Chair Vacancy

Vl. Adjournment

EXECUTIVE COMMITTEE: Board Chair, Vice Chair, and Secretary/Treasurer

Tuesday, September 26, 2006, 8:30 a.m. to 9:30 a.m. Agnes Bakery in Kailua

I. Call to Order

II. Community Concerns

III. Unfinished Business

IV. Agenda Setting

A. October

V. Committee Updates

A. Complaint process

B. Treasurer's update

C. Review correspondence responses

D. New OIP letters (NB)

E. Newly Elected Ordinances

Vl. New Business

V. Adjournment

PERMITTED INTERACTION GROUPS: meet as needed, contact chairs for more information

Neighborhood Plan: Jon Chinen, Chair; Linda Ure, Debbi Glanstein, Jim Corcoran, Bill Wilson

B&B and Vacation Rentals: Josh Wisch, Chair; Donna Wong, Kathy Bryant-Hunter

If there are any questions regarding the agenda or if any disable person requires accommodations or assistance to participate at this meeting, please call the Neighborhood Commission Office at 527-5749

Mass Transit Costs to Kailua Residents

On January 1, 2007, the excise tax (4+%) that you pay on goods and services will increase 4.5+%) to pay for the (proposed) Rapid Transit System.

We invite your comments _____________________________________________________________________________

_____________________________________________________________________________

____________________________________________________________________________

FOLD IN THIRDS AND MAIL BACK TO KAILUA NEIGHBORHOOD BOARD NO. 31

you may email your comments to the Board at ureonnow@lava.net

Place Stamp Here

Kailua Neighborhood Board No 31

P. O. Box 487

Kailua, HI 96734

KAILUA NEIGHBORHOOD BOARD NO. 31

DRAFT ADDENDUM TO THE MINUTES

KAILUA NEIGHBORHOOD BOARD NO. 31

THURSDAY, JULY 6, 2006:

OCEAN RECREATION ACTIVITIES – Vice Chair Prentiss introduced Peter Young, Chair, Board of Land and Natural Resources; Director, Department of Land and Natural Resources to address concerns regarding ocean recreation activities.

Young thanked Prentiss for the introduction stating as a resident of Kailua, the Kailua Neighborhood Board is his Board too.

Young confirmed ocean recreation is an issue of interest to the Department. Currently programs include: boating; recreation, and state park. However, the Department is aware that ocean recreation, user conflicts and capacity issues have been a growing concern within the Department. A few years ago, as part of DLNR's involvement with the U.S. Coral Reef Task Force met for the State with other agencies and identified six major threats to our reefs. One of those threats is recreational use and over use.

Therefore, through DLNR, Division of Aquatic Resources, work began on a local action strategy of identifying how to mitigate recreational use to the coral reefs. Approximately a year ago, the department started the process of establishing a "Coastal Policy" as Hawaii is the only coastal State in the U.S. DLNR requires identifying areas of interest and concern and developing a public process to deal with the issues in coastal areas, using a chapters approach. Currently DLNR is addressing the first four chapters.

Chapter 1 - Ocean Recreation – tasking the Boating and Ocean Recreation Division to identify areas and use conflicts.

Chapter 2 – Enforcement – rather than prosecute all cases through the courts, the Board of Land and Natural Resources wishes to prosecute some violations within the BLNR to address repeat offenders and adjust the fines according to the severity of the violations.

Chapter 3 -- Use of the Mauka Makai Watch Program, similar to a Neighborhood Watch Program that involves communities. Debbie Gowensmith from the Community Conservation Network will further address the Mauka Makai Watch component which is partnered with Nature Conservancy, Community Conservation Network and Hawaii Wildlife Fund to engage communities in assisting as "eyes and ears" to monitor human use, natural resource use, and to be educational interpreters and general assistants – a kind of neighbor helping neighbor within the community.

Chapter 4-- Permitting Process – as relates to ocean recreation, develop more intensive permit processes. Address the guide ration for commercial activities; actual timing of operations, requiring safety and equipment briefings to all guests to include natural and cultural resource briefings—before people get into the water and/or the area and further, restrict drop-off and pick up of guests and equipment and associated parking and turn-around time, e.g., van your guest and equipment in, drop them off with your equipment, and leave the area. Young explained that BLNR/DLNR contracted Cheryl Vann to assist evaluating how other states are managing ocean resources and working with communities to address concerns. Ms. Vann was here at the last KNB meeting. Young met Ms Vann at a community group meeting at Ahihi Kinau, on Maui. She was instrumental at assisting us in dealing with some of the ocean recreation capacity resource protection issues at Ahihi Kinau on Maui. She went on to study in Montana and earned her masters degree there and wrote her masters thesis on experiences at Ahihi Kinau-- addressing levels of "acceptable change", a process where communities can get involved addressing user capacities. Her contract which will expire in March (2007) and will have provided a variety of products for BLNR/DLNR: a guidebook to implement the levels of "acceptable change" process. Ms. Vann is focusing on five community areas: Kahaluu on the Big Island; Kihei, Wailea on Maui; Waikiki and Kailua on Oahu; and Hanalei on Kauai. In dealing with the permitting process as described earlier, development of the permitting process derived from the issues at Kealakekua, Big Island and Makua at Napali Coast. Therefore, different geographic issues are addressed. Ms. Vann will focus on some of the newest conflicts BLNR/DLNR has in those areas: typically, kayak, snorkel dives, as well as surfing operations. She will be returning and meeting with different communities; she's been here on Oahu and had conversations with some people and she has been to other neighbor islands as well.

Young distributed handouts: background information on the Mauka Makai Watch Program and a letter from Board member Donna Wong requesting information. Young stressed that for DLNR, the critical part of enforcement efforts is not catching someone doing something wrong – it's stopping wrong doing from happening in the first place. When you have a negative impact on a natural resource; the impact will be significant, and rather than having that happen, DLNR wants to stop that from happening. Young introduced Debbie Gowensmith of the Community Conservation Network to address the Mauka Maka Watch Program.

Ms. Gowensmith stated the Makai Watch Program started in Miloli'i, South Kona, Big Island; expanded into Wai 'Opae Tidepools, Windward Big Island, activities at Ha'ena, North Shore Kauai, and actively managed at Pupukea-Waimea, North Shore Oahu. If the Kailua community is interested, the Community Conservation Network and the Nature Conservancy, and particularly DLNR are open to talk about partnering. The Community Conservation Network is also helping to organize communities and organize volunteers in the law enforcement effort. The Community Conservation Network, a non-profit organization based in Honolulu, work around the main Hawaiian Islands and across the Asia-Pacific Region with communities who want to be involved with managing their marine resources. The Mauka Makai Watch Program is a collaborative effort of community organizations, volunteers, conservations groups, and State agencies that work together toward restoring and sustaining Hawaii's coastal resources. The program was born out of a discussion the responsibility, the desire, and the need to be involved in managing their coastal areas. The program basically has three components:

Observation and compliance – similar to a neighborhood watch – "eyes and ears" of the community. Trained on regulations and rules for the area, collaboration with local and resources and conservation officers to make accurate and efficient cases can then be prosecuted. The primary goal is to actually reduce the number violations that occur and reduce the prosecution of repeat offenders.

Awareness Raising and Outreach - education and outreach components, key for the decrease of violations through understanding of rules and regulations of the area.

Biological and Human Use Monitoring - cultural significance of the area is a key component of the program. Communities that are interested can be involved in monitoring the biological condition and the human use of the area, i.e. Pupukea and Waimea counts the number of cars parked illegally, how many have military or commercial tags, how many people are snorkeling, kayaking, diving, sunbathing, etc. in that area. Data that is collected can help to make management decisions in the future.

These are the three basic components of Mauka Makai Watch. A flexible program that is currently being used in Miloli'i (a small community without a particular designation); and on Pupukea-Waimea, North Shore Oahu (a heavy recreational and tourist impact); different situations and the program goes well in both scenarios.

Discussion followed:

Corcoran thanked Young for coming and requested a written response to the KNB letter of inquiry of June 5 –so the Board can have a better understand; especially in regards to Ms. Vann's responsibilities and coordination with the Board and the community. Although DLNR had chosen Kailua Bay along with Waikiki to be assessed, KNB hadn't been notified and it came as a surprise when the Board passed the motion regarding commercial activities In Kailua Beach Park and on the Bay. It is requested the response to the Board's letter by DLNR address the motion on commercial activities as well as Ms. Vann's contract.

Young responded that Ms. Van's contract started on May 17, and he believed the KNB meeting was June 1. The position of the Chair of the Board of Land and Natural Resources (BLNR) is that you usually get calls from people expressing concerns and relaying problems happening in their community. Young's been monitoring what's been happening at Kailua Beach Park in the KNB's discussions about ocean recreation and conflicts. BLNR felt it was important that to address the issue. As relates to Ms. Vann's contract, the issues will be addressed locally and statewide, identifying challenges and developing solutions that can work in a number of areas throughout the State. Corcoran followed-up that we are also quite concern that one size will fit all kind of approach. Kailua is distinctively different and the State and the City and County appear to treat Kailua Beach Park like any other park--it's not working. Young acknowledged that each place is different (he chose to live In Kailua because of how it is compared to other places), however, some of the jurisdictional issues are the same. In this case, there is a county park as well as private property fronting an area that's under State jurisdiction (the ocean) that is typically dry land most of the time and then the water issue, which is jurisdiction in this case. Further complications and challenges are due to military jurisdiction in another area—while not necessarily unique. This type of thing happens across the state and what we're hoping to do is not try to find the one size fits all type of solution to the issues, but try to find how does this community feel is the best way to deal with solving the problems and help other communities go through that same type of though process in addressing the problems in their respective communities.

Wong thanked Young for his letter of response of July 6. Wong referred to Young's statement regarding working with kayak companies and commercial guides to establish policy to develop sharing capacity; and she asked are those the only people DLNR is working with? Young replied that that letter was initially drafted from discussions with the DLNR's Wildlife Biologist from Oahu, Dave Smith, who is also actively involved in this community, and who was also supposed to be at this meeting tonight. But Young knows Dave Smith to be the type of person who is inclusive and engaging with communities and constituencies, and while he may have an initial discussion with some, that doesn't mean it would be the end of discussions at all; and Young knows that Smith has intent as, does the department. There is intent to deal with the various constituency groups, whether it's the recreational user, commercial user, community in general, or whether it's the Lanikai or Kailua community, it's really all of those. But in his initial discussions, Young believes he is working with them – as noted in the letter, part of it is dealing with trash collection and removal, cooperatively, to remove the trash from the islands. Wong would like some numbers or how the conclusions were reached – are there more problems with unguided visitors; and what the facts behind that. Young said their experience is in looking at how people act in natural areas – this is a reason why they require a safety briefing, a natural and cultural briefing, and equipment use briefing. If you take 10 people that are in a guided tour that have had those three briefings and aware of the rules before they get to a place, aware of the use of their equipment before they actually enter into the water and into an area that could be dangerous, are aware of the natural and cultural features that may be in the area; and have a professional guide with them who has experience. Those 10 people will be more responsive and likely have a more meaningful experience in the place they're going and will leave the place typically better than when they got there, as compared to 10 just on their own going to a place. Wong thought that may be true, but excluding residents, so she's concerned that everyone is lumped into "those 10 people" – people who live here and are more aware and others who just are separate. And that's a statement she feels should somehow be quantified separately. Wong asked if this means the department is leaning toward licensing and giving permits to commercial enterprises. Young noted that's part of what the department does as a regulatory function – regulator that issues permits for different types of activities. She questioned if that is being done now; Young indicated that they are starting a process that he mentioned earlier in the presentation about a more comprehensive permitting process. An example at Makua – there was an operator wanting to do a commercial activity in Makua, but before speaking with them about that permit, the department sent their marine biologists to evaluate underwater what the resources were like in the area where the operator wanted to go; and also that the biologist would work with the operator to say that when you follow this type of course in this type of timeframe then your impact will be minimal in this area. DLNR started by evaluating the resources first. Then they worked with the operator, as well as the community, on whether the community felt it was appropriate operation or not. Both Young and the operator made a presentation to the neighborhood board, ultimately the decision was handled through the public meeting at the Board of Land and Natural Resources, and they discussed some of the types of conditions that would be imposed. It's not always at that extent other than the natural resource evaluation, but they want to do a better job in dealing with the permittees and the department wants people to be more responsible while out enjoying the resources whether it's commercial or recreational.
Enos said there's been a lot of information tonight, but you started off by saying that one of the reasons is that you're looking at various user conflicts, etc. because of the impacts on coral reef. What she hasn't heard (and is really interested in) is the impact of seven million visitors per year. No matter how sensitive they may be. When you start putting bodies in places that aren't used to having them, that amount of people not only impacts the natural environment but also impacts the residents that have previously enjoyed places the were generally not too over-run or over-crowded. She noted this is a big concern in Kailua and she's certain that Young knows of (and heard about) at the last meeting, and she hopes this is something that is being taken into consideration as well; it's the residents that pay the taxes. Young said they're not looking at this in a simplest fix – commercial activity versus recreational activity only. As he understands DLNR is approaching this from a variety of different divisions, in a variety of different ways, within the department – aquatic resources, enforcement, and in this case, forestry and wildlife, boating and ocean recreation. A critical part of the study that Ms. Vann is doing (and was an integral part of her Masters thesis) was on "acceptable change" and that's a process that communities can go to in dealing with use in your area whether it's commercial or recreational use--that's an important thing. One of the reasons why Kailua was also selected was because Kailua also has a model already in place for ocean zoning. There's a designated swim area, designated launch and landing area, designated surfing and wind surfing area, there's a boat ramp with designated courses going in, and out. Particularly, in this community, there is zoning in the water already and how can DLNR improve on that here to mitigate not only the conflicts but to address the issues and uses that, as a model that's in existence here, in other communities that don't have zoning. Enos hoped that Young would consider an operating free-zone in somebody's area. Young said that's a possibility; as BLNR's Chair, he's made decisions where there's no commercial activity; and even made decisions--no human use at all, whether recreation or commercial because of the sensitivity of the natural and cultural resources in that particular place and closed to use because the need to protect them.
Evans thanked Young for coming and thanked him for having Officer Mundy for speaking to the Board several months ago. She expressed being very skeptic on the Mauka Makai Watch – the Neighborhood Watch Program is a nice program, but even HPD will tell you that you need enforcement and her concern is the lack of enforcement—period--where you only have three DOCARE officers on this side of the island. If you have volunteers and they see things, fine, but when you need an officer, they're not available and that's the big problem that the community sees; and DOCARE is fine--but they come and go. Evans is skeptical that all the "eggs are in one basket". Young replied that all the "eggs" are not in that one basket but the Mauka Makai Watch Program is an important part of the enforcement program, as well as an important part of DLNR's their outreach, education and their engagement with the community. With law enforcement in general, you will never have enough officers to have on site everywhere; and there are actually four officers from Makapuu to the North Shore and he acknowledged that's roughly short. There was a question that the Board asked regarding the status of officers for the department – he replied that there are 11 new officers authorized from the last legislative session (for the State). Evans continued: as Young stated earlier that Hawaii is a coastal State, and having 11 new officers for the whole State, and having personally been in Public Safety, Evans knows that it's not possible to have enough officers. However, we definitely need more officers. Evans understood that you can't have more officers stationed just in Kailua, but you need to have more officers readily available. Young said one of the programs he did not touch on (because it's not targeted for this area--because they don't have a place yet), is a ranger program that they'll working through the parks and other divisions. He expressed being fortunate to receive funding from Hawaii Tourism Authority and started the ranger program in different areas around this state. It's called an experimental program, but they're in internal discussions now on whether they ought to expand that to a more aggressive institutional part of how DLNR operates. And so it's not necessarily a park ranger, marine ranger and it's not a game warden, but it is a presence particularly at the parks that DLNR's looking at now. There are some areas that are not parks but people think their parks anyway because they're park like; we would potentially put people in those areas as well; that's another part of their enforcement. Young was only focusing on ocean recreation and some of the enforcement components relating to that, but further mentioned that DLNR is looking at it in a more comprehensive way. Engaging more communities and by using a nationally successful model like the Neighborhood Watch Program, partnering with some dedicated and committed non-profit organizations that can help us work with communities. Volunteers aren't free…they take time to train and they take time to manage and that's part of what DLNR is working with the Nature Conservancy and Community Conservation Network, is to get that cooperation and organization from them.
Bartley, taking a skeptical role, said after a twenty year consorted effort by the City and State governments to make Kailua Bay a tourist destination, DLNR seem to be pushing as many tourist destinations as can into Kailua Bay and expecting as little public opposition as possible by making it part of the solution as enforcement. He feels this is why Kailua was selected for this program and no other reason. Also, as part of the Mauka Makai Watch program, you could convince the Governor and the State Legislature to let the counties keep the parking ticket fees; that the County police will go through Lanikai everyday and cite the three to four hundred cars that are parked there illegally on the unimproved sidewalk (as they are in the rest of Kailua) and our problem would disappear because they can't get that many cars into the beach park, or where they do have public parking. And they would have to park either on private property or way up (mauka). So this seems like a very simple solution to protect the reef if that's what we're talking about. Simply let the counties have the parking fees - they would enforce the parking laws on the unimproved sidewalk where people are parking, at will, now--with no citations. Bartley thinks most of the problems would be gone and this is just a way to get more tourists in Kailua Bay. Young said it was absolutely not DLNR's intent, if that's what the community does not want. The intent is to work with the community to see that user conflicts DLNR is hearing--in these areas--are resident interaction types. Kite surfing is typically a resident interaction and generally not a commercial activity. Generally, it is people interacting in an area; some are concerned for safety, and DLNR heard from the ocean safety people that there have been no major accidents with the kite boarding in Kailua. There's some concern about lines on the beach and people interfering with the beach – that's a resident versus resident type of issue, and not a commercial activity type of issue. DLNR is looking at it from the context of ocean recreation that includes residents as well as potential visitors, as well as commercial operators, there's no agenda to expand any commercial activity here, unless that's what people are looking for. What is on the agenda is a way to manage the activity so that user conflict is mitigated and doesn't get to the point where people are frustrated about what's happening in their back yard.
Dudley had four questions for Young: a) what area of Kailua does do you live in? Kailua Bluffs. b) Do you ever walk on the beach from the boat ramp down? On several occasions Young and his wife would walk the entire length of the beach. c) So you see the different activities that are going on? Yes. d) Could you briefly explain levels of "acceptable change"? Young said it's a process where people might categorize levels of capacity for the area, but broader--because it's talking about--and can incorporate--with the idea of zoning an area is more appropriate for one type of use so that the type of use it would an exclusive potentially to this area. It's a community process to talk about their "place" and what level of use they feel is appropriate; how many people is appropriate; what kind of uses are appropriate; what days of use are appropriate; how do we manage the people getting there and how do we manage them once they are there; it is a community based process. And what DLNR hopes to do is learn from that process in dealing with the community to eliminate conflicts and hopefully not just the conflicts to begin with.
Dowsett commented that the Board arrived at a position at the last meeting not in favor of commercial activity at Kailua Beach Park and that has certainly been an issue for this Board year after year; and in the three years that's she's been here it's been brought up every year and as the Board has come to some agreement as a Board and passed a motion--and certainly not everyone agreed--but to pass a motion that they are not in favor of any more commercial activity at that beach—the Board and the community hope you truly hear that motion and give it weight when you take these issues up for discussion (at DLNR). Young noted he will and called to attention the challenges and creativity they have to deal with sometimes. Renting a kayak to someone to go use in a place is typically defined as a commercial activity and they've had places where that type of activity was not allowed. You couldn't rent kayaks for someone to go use it. But they learned that the creative mind has set in and there is a place they know of where a guest, visitor or resident, go out and rent kayaks; and they know the situation where someone would walk into a store and actually buy a kayak walk out of the store with a bill of sale and go use that kayak for half a day and return that kayak back to that same store and sell that kayak back to that company for a little less than what they bought it for. So in that case, they're dealing with a member of the public who has a bill of sale for the piece of equipment and it's no longer a "conventional" commercial activity, but a type of creativity that happens when people are looking to conduct a business here and there's a market for that business. It is not just a supply issue that's thriving—there is a demand side as well. There is a demand for someone who has that kayak and someone who's not willing to buy--but is willing to use it for half a day.
Lindgard expressed a concept about commercialism – the idea of providing a service and if successful—the business principal of expansion. Once that happens a competitor comes in thereby opening the doors for more competition; the problem now is over-capacity. Although he felt DLNR is on the right track he favored monopolizing - putting the service up for a bidding process, where only one person would run that service. This was his idea to sort this out and put it into one service provider. Young said that they have model in Waikiki - beach boy stands; the City has three or four and the State has one. The State's one is by the Hilton – a monopoly that goes out to auction; however, there are creative minds out there working, i.e. where a single surfer with five surf boards engages with someone and ultimately we have a surfing instruction going on. So there are creative minds out there and situations DLNR is well aware of and they're trying to work on how they can legally manage that activity.
Glanstein said everyone can agree that Kailua is a community in transition and the one thing they can agreed on is "no resort zoning", and this has been in the over 20 years that's she's been here. Young has already indicated that his department is essentially partnering with the HTA. In that respect, how specifically are you about using, and interfacing, with the internet; because whether you think there's a problem, or not, or whether you have adequately designed the scope of the problem, the essential consequence have become evident, Kailua is changing--we need enforcement. There have been some suggestions and the Board was very concerned, i.e., when DOCARE was here and was asked how they faired during recent legislative session--they responded that they did not fair very well and they may need assistance. You're looking for change agent and you're looking right here, and we need help here but we need enforcement and we need you to recognize that we're not going to become a resort. Young first commented on HTA – and through them two rangers are now at Ahihi Kinau, the natural area reserve and without that funding there would not have been that presence. That's the only marine natural area reserve, every other one is only terrestrial, but this one is both marine and terrestrial. There is also a ranger at Ha'ena State Park (Napali Coast) through funding from HTA; another ranger will be starting within the next week or two at Kekahakai State Park (Kona) through funding from HTA. HTA also gave funding for two different studies that evaluated all of the State parks and the conditions of those facilities, as well as another study on the type of guests going to our parks and what those guests want at those parks; how many residents are going to the parks and how many residents are going to the different parks. With respect to the internet, as an enforcement tool, DLNR won a case of a commercial activity in a conservation district on the Big Island because of the evidence we had in part by advertising on the internet. In addition, we have some other cases that as we research the internet provides additional evidence in DLNR's enforcement. So DLNR use the internet to a large degree to help substantiate their enforcement claims against different types of commercial operators.
Vice Chair Prentiss said for the most part the residents of the community fear that Kailua (a residential community) is not to be designated as a tourist destination; neither in the County General Plan nor the Koolaupoko Sustainable Communities Plan, and in fact is designated as a slow growth residential community and also happens to have a very nice beach. Other than that there really is no designation that this is a tourist destination. The community feels that basically that they want to keep this as a residential community. So when they hear they City, or State, is going to balance this or balance that, and regulate the commercial activity--you'll have to do it somewhere else and not in a residential community. And this is the position the community has taken. The City and County already has it down on their books that Kailua Beach Park (City Park), no commercial activity is permitted except by permit. The Board has asked the City for a list - KNB feels there is a problem and are asking to have the City not to issue permits for certain commercial activities; and things that DLNR has mentioned, or might be entertaining, the KNB will be holding to the community interest. Young noted, "and that's the right thing to do," – he knows that in the Board's decision that you didn't have commercial activities on the beach, but he believes that your decision will allow someone to rent a kayak from some place and take it to the beach. In some respects, that's a commercial activity. It's a little different because it's not an organized assemblage of people in a tour type of activity, but there was an exchange of money. Those are the types of challenges the department faces as well and that may have to be ultimately managed in the future if the tours aren't happening; and that's just an observation that while he understands the recommendation from the Board was no commercial activities (except for filming and food service) that what was included or considered part of that motion was still alive was allowing someone to rent the equipment from some place else, bring it on their own and use it within the beach area; and that's something that they would view in some areas that wouldn't be a permitted type of commercial activity. Vice Chair Prentiss asked if it's possible for Debbi Gowensmith to come to the Parks and Recreation Committee meeting on Tuesday, July 18 to carry on the dialogue; and he thanked Young for coming tonight.
Wong asked if bird counts are done on the Mokulua and Flat Island; and have you seen situations where it's dangerous for the nesting birds with too much people traffic. Have you considered closing (the islands) to any people traffic at all. Response was from Dave Smith, Wildlife Manager, stating that annual counts are done and they've collected data from the last 10 or 11 years of the Mokuluas and Flat Island and Boas; doing a survival count of the Shearwater, Wedge Tail, every October and the onstant numbers indicate the population is pretty good. But what they are looking at is human use and potentially detrimental use by people. Obviously there is a fine line between people being in the nesting areas and people not being in the nesting areas, but DLNR tries their best to try and manage that. The one thing that's almost impossible is to close the islands completely; you'd practically have to have an officer sitting on the beach all the time; and it was tried and it was almost impossible to keep people off completely. If people follow the rules then the birds are pretty safe, and for the most part – people are being very respectful and sensitive to the birds, but the problem is when people start taking dogs out to the islands and some trespass issues with people walking into nesting areas. When they begin to get complaints then they just step up enforcement and monitor quite closely. Dave Smith suggested that commercial users are some of the more respectful folks take people out to the islands, and, in his opinion, a lot of the problems are with the local folks and not with tourist. The local folks take the dogs and leave their trash. Local folks also help clean up too--but DLNR doesn't have quite so much problem with the tourist. And in fact, it's been more successful with supervised tours than not.