Corrections to the April draft minutes.

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  http://www.honolulu.gov/nco/nb31/07/31_2007_04Min

KAILUA NEIGHBORHOOD BOARD

DRAFT REGULAR MEETING MINUTES

THURSDAY, APRIL 5, 2007

KAILUA RECREATION CENTER

Olelo Broadcast Channel 49 Monday 9:00 p.m. Visit:  http://www.neighborhoodlink.com  for more information from Kailua Neighborhood Board

CALL TO ORDER: Chair Kathy Bryant-Hunter called the meeting to order at 7:18 p.m.; a quorum was present with 16 of 19 members.

MEMBERS PRESENT: Larry Bartley, Kalana Best, John Brown, Kathy Bryant-Hunter, Jon Chinen (9:25 p.m.), Jim Corcoran (10:05 p.m.), Susan Dowsett, Mike Dudley Faith Evans, Debbi Glanstein, Joe Harding, Knud Lindgard, Christian Porter, Charles Prentiss, Claudine Tomasa, Linda Ure, Josh Wisch and Donna Wong.

MEMBERS ABSENT: None.

GUESTS:  Bob Agres (HACBED), Becky Inouye, Ann Chung (Mayor's Representative), JoAnn Jozaites, Glenn Uyeshiro, Donna Barlass, Lee Crammer, Stann Reiziss, Barbara Krusnieski, Janine Tully (Representative Chong's Office staff), John Foster (Representative Thielen's Office staff), Ricky Pestana, E. Tai, Carol Hedemark, E. Miller, Casey S., Rosaline MacNeil, M. Leidemann, Sherawn G. Mr. & Mrs. Albert J. Garcia, Tonic Bille, Allen Juno, Heather Law and David Maeda (Asian/Pacific Youth Violence Prevention Center), Ursula Retherford, Leona Pereza, Jan Cordes, Lui and Elaine Roberts, Suze Salms, Lisa McKeague, Lloyd Okumura, Senator Jill Tokuda, Visheka J., Earnestine Stuart, Representative Tommy Waters, Wayne Miyashiro, Ali Lilley, Caroline Erickson, Lynette S. Marilyn and Clifford Nobriga, Eleanor and Joe Cheline (Windward Passage) Wayne and Ruth Carlson, Loy McKeague, James Severson, Joe Gillman, Bob Watts, Capt. Harold Ogata (Honolulu Fire Department), Lt. Richard Robinson and Lt. Dave Eber (Honolulu Police Department), Bob Bruhl, Matt Goyre, Major Christopher Perrine (Marine Corps Base Hawaii), and Marie Richardson (Neighborhood Commission Office staff).                                                                                                           

APPROVAL OF MINUTES: March 1, 2007 – Glanstein submitted a copy of corrections to the minutes:

·         Page 2, 5^th bullet: Add to the discussion on the KHS Road alternatives: "A copy of the Environmental Assessment is available in the [Records] Reference Section of the Kailua Public Library.

·         Page 5, Line 1: districts/subdistricts [win] with UNCONTESTED races.

·         Page 5, 2^nd paragraph, line 2: include Pohakupu.

·         Page 7, Line 1: correct spelling [Adrianne King] Adrienne.

·         Page 7, middle of page: Order and decorum was temporarily lost.

·         Page 7, 4^th paragraph, line 3: [respect] respectful.

·         Page 9, Senator Fred Hemmings: line 3, both sides of the [isle] aisle.

·         Page 9, 3^rd line from bottom of page (and noted subsequently) [Weighs] Ways and Means.

·         Page 13, several times in the first 7 lines:  clarify whether we mean "breaks" or "brakes." Line 5-7, all occurrences of "breaks" should be brakes as the usage is to slow or stop direction and become controlled direction. 

·         Page 20, Enforcement of B&B and TVUs – line 9, [principal] agree in principle.

·         Page 20, Property Tax Reform – line 8, Chapter [32] 92 HRS.

Prentiss moved, Harding seconded to adopt the Regular Meeting Minutes as corrected. The motion carried by unanimous consent, 16-0-0. Aye:  Bartley, Best, Brown, Bryant-Hunter, Dowsett, Dudley, Evans, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

UNFINISHED BUSINESS:  None.

Bartley left the meeting at 7:45 p.m., 15 members present.

AGENCY REPORTS:                                                                                        

Honolulu Fire Department (HFD) – Capt. Harold Ogata of Kailua Fire Station:  

·         Responded to: 11 structure, 3 vehicle, 51 medical, 4 search/rescue and 20 miscellaneous alarms.

·         Announced the monthly Fire Safety Tip: Cooking fires are the leading cause of home fires and the second major cause of death among older adults. If you are cooking and must leave the kitchen for a few minutes, turn off the stove. Keep a fire extinguisher (with a minimum rating of 2A10BC) in or near your kitchen and learn how to use it. Inspect the fire extinguisher regularly to ensure that it has not expired.

There were no questions for HFD.

Honolulu Police Department (HPD) – Lt. Richard Robinson (Kaneohe Station) reported:

·         Copies of the crime statistics report were distributed and the highlights included: an increase in burglaries (up by 16), increase in UEMV's (up by 13), other thefts and vehicle thefts were down last month.

·         Also present was Lt. Dave Eber, Third Watch Commander.

·         This month there were 14 new graffiti cases with 5 arrests in Kaneohe; the Narcotics Vice Division had 17 new complaints, closed 14 complaints and executed 3 search warrants, 4 park closures, 12 warrant arrests, 2 human habitation, 50 DUI arrests, 388 speeding citations, 297 moving violations, and 280 miscellaneous citations.

·         HPD received the following complaints: a) regarding parking at Kailua Library while going to other businesses and places; HPD is addressing the complaint. b) Regarding an alleged semi-homeless village off Kuulei Road--HPD has already begun addressing this issue.

Questions and answers followed:

1.       Glanstein reported late Sunday afternoon when returning books to the Library there were people under the overhang of the Library. There have been recurring incidents (small fires and loitering); she further suggested that HPD (being next door to the Library) check the area regularly.  Lt. Robinson acknowledged. 

2.       Wong thanked the Lieutenant for the comprehensive report.

3.       Evans asked the following: a) the Board passed a motion asking HPD to enforce the "no parking" on the bikeways in Lanikai and was receiving reports, but questioned whether the efforts are continuing and what the numbers of those citations; b) the bus stop fronting Goodyear Auto Service Center on Kailua Road recently had the benches modified so homeless cannot lie down, however, individuals still gather after school hours and are scaring the kids and some senior citizens—will HPD check that; c) Will Lt. Eber periodically attend the Board meetings? Lt. Robinson: a) noted that compiling those statistics monthly is tedious, but officers are continuing to cite; b) acknowledged the request to check the bus stop fronting Good Year; c) and Lt. Eber was promoted to the Third Watch Commander.  

4.       Best thanked HPD for being vigilant about keeping the bike lanes open in Lanikai – community members are saying it is a big improvement, and the community appreciates HPD's efforts regarding the homeless colony on Kuulei Road. 

5.       Suze Salms thanked HPD for addressing the homeless that have been living in their vans and cars beside Kailua Beach Park; and she also wanted to know whether the police were aware of the camping on both sides of the canal at Kailua Beach Park (near the water) and subsequently turning into a mini-tent city; Lt. Robinson took note of the information. Lindgard encouraged calling 911 and stated HPD will come.

Marine Corps Base Hawaii (MCBH) – Major Christopher Perrine, Liaison reported:

·         APRIL 15 – LANIKAI TRIATHLON: A portion of the Lanikai Triathlon bike course will bring participants aboard MCBH, Kaneohe Bay (in Mokapu Gate, in to Ulupa'u Crater and back out the same way). Individual and relay teams are welcome. For more information about this event, including swim, bike and run route maps, visit http://www.baocahwaii.com/races.php.

·         APRIL 16 – HAWAII MEDAL OF HONOR CEREMONY: The Hawaii State Legislature will meeting in joint session to present Hawaii Medals of Honor to 68 families with ties to Hawaii who have lost loved ones in Iraq. Medals will be presented to the families of 22 Marines from 2d Battalion, 3d marine Regiment, and to the family of Major Megan McClung, USMC, a Hawaii born Marine Corps public affairs officer and the most senior female U.S. service member killed in Iraq, to date.

·         APRIL 19 – 2/3 MEMORIAL SERVICE: This 10:00 a.m. service will be held between Hangars 101 and 102, Marine Corps Air Facility (MCAF), to honor the 22 Marines of 2d Battalion, 3d Marine Regiment killed in Iraq over the past seven months.

·         APRIL 20 – 3D MARINES' CHANGE OF COMMAND:  Col Duffy White, USMC, will assume commend of the 3d Marine Regiment, III Marine Expeditionary Forces, Hawaii, at ceremonies to begin at 1:00 p.m. at Regimental HQ (Bldg 1088).  

There were no questions for MCBH.

Board of Water Supply (BWS) – Chair Bryant-Hunter noted that a written report was received and will be filed with the Board's correspondence. Contact Board Secretary, Linda Ure, with any questions. Of special note in the report was: 1) Main breaks occurred in cast iron mains 8-12 inches, that were between 42 and 63 years old. 2) Water Savings Tip: Take advantage of the $100 rebate for replacing your old toilet with a new low-flow one.  Information may be found at www.boardofwatersuppy.com

There were no reports for Emergency Services Department (EMS) and Honolulu Liquor Commission (HLC).

COMMUNITY PRESENTATIONS:

Asian/Pacific Islander Youth Violence Prevention Center (API Center) – Heather Law and David Maeda, representing the University of Hawaii, gave a brief update about the Asian/Pacific Islander Youth Violence Prevention Center (API). API has been working closely with Kailua High School (KHS) over the past four years to conduct research with the student body staff and parents on violence prevention, risk, and protective factors. API's goal is to turn that research into creating new programs and help facilitate community mobilization. Maeda reported that in January – February he, along with three staffers from KHS and community leaders, will be going to North Carolina for Violence Prevention Training.  While receiving training by experts in the field, the group will develop a mobilization plan. Part of that mobilization plan is in each semester (for the next couple of years) KHS would like to hold family movie nights for positive interaction and to provide student outreach to the community to talk about issues relating to violence.

Law introduced "M & M Family Night", Movie and a Message, to be held a Kailua High School football field on Saturday, May 5, 2007 from 6 to 9 p.m.  FREE Dinner will be provided and the movie is "Happy Feet".  Prior to the showing of the movie there will be two Public Service Announcements (PSA's) regarding "Rumors" and "Violence and Teen Pregnancy" as well as conducting a survey at the event. A reason for calling it "Family Night" is to have Kailua and Waimanalo communities come together. A lot of what happens at KHS can be attributed to rivalry issues between the two communities.  This may help a more positive interaction. For it to be really family oriented, school staffers have noticed families really want to get involved in their kids' education at the elementary level and it would be appropriate to encourage that involvement into the upper grades.

No questions followed.

COMMUNITY ISSUES & ANNOUNCEMENTS:  Audience members were requested to sign-in to speak on both agenda and non-agenda issues.   

Bryant-Hunter proceeded to mention two emails she received:

S. Kainalu Road near KIS Traffic Awareness Program – email from Laurie Watson (referred to the Transportation Committee) concerning the District Park lights often on when no one is using the park. Watson would like a follow-up to see if there is a way to turn off the lights before 10 p.m. when no one is using the field. The information was given to Committee Chair Evans.

Speed Monitoring Effort – Neighbors have been working with HPD's Community Policing to do a speed monitoring effort with the intermediate school on Kainalu Drive, particularly during the morning and afternoon when students are coming and leaving school; and she would like the Board's assistance to work with Councilmember Marshall's office in helping to install a flashing school zone light fronting the intermediate school; the information was given to Committee Chair Evans.

Lanikai Triathlon - announcement from BOCA Hawaii, a Lanikai Triathlon on Sunday, April 15, 6:15 a.m. at the beach park. There is still time for individuals interested in participating.  For those who live, work or play in and around the area for the event -- plan your schedule accordingly. See Chair Bryant-Hunter for more information.  

Hawaii 2050 Sustainability Plan – Bob Agres, from the Hawaii Alliance for Community Based Economic Development (HACBED), assisting with the Hawaii Sustainability Task Force, encouraged involvement from the Kailua community in a meeting on Saturday, April 21, from 8:30 to 11:30 a.m. at Kailua High School Cafeteria for the Hawaii 2050 Sustainability Plan.  He stated this was one of the most comprehensive and important public policy and strategic planning activities embarked on by the State government. The Hawaii 2050 Sustainability Task Force was established in 2005 to address and guide Hawaii's long-term sustainable future. The process seeks input from businesses, government, and private citizens—from our keiki to our kupuna.  In 2005, the Hawaii State Legislature, through Act 8 Created the Hawaii 2050 Sustainability Task Force to review the Hawaii State Plan and the state's planning process, and required the Office of the Auditor to prepare a Hawaii 2050 Sustainability Plan.  The Task Force consists of 25 members appointed by the Governor; Speaker of the House; Senate President; and Mayors of the counties of Hawaii, Kauai, Maui, and Honolulu; and the President of the University of Hawaii. The Director of the State Office of Planning and the Auditor serve as members of the Task Force.  This community process will gather ideas about long-term goals for sustainability issues.   

Question and responses followed:

1.       Wong was concerned that after the background briefing the process continued with "Breakout Groups." It did not allow all participants to consider all comments from all participants as is done with an open mike opportunity. This would allow the wealth of historical, cultural and planning experience held in the community to be available to all community members participating.  Agres suggested that may happen at subsequent meetings. 

2.       Bartley asked if community economic development would be addressed.  Agres stated the focus is on Community, Economy, Environment and Quality of Life Sustainability.  That means striking a balance between economic prosperity, social and community well-being, and environmental stewardship by meeting the needs of the present without compromising the ability of future generations to meet their own needs and respect the culture, character, beauty and history of our state's island communities.

3.       Porter asked the goal of the meetings.  Agres said the State plan would be updated from 1978 and the plan would be used by the Legislature to make decisions through 2050.  Porter asked if the 2050 will impact the current Ko'olaupoko Sustainability Plan which has been adopted by the Kailua Neighborhood Board and the City Council yet not implemented by the Department of Planning and Permitting.  Agres said yes.  Porter stated the Sustainability Committee of the Board will keep and eye on the 2050 as well.   

COPS Security Systems – Lisa McKeague wished to make the community aware that COPS Security Systems are specialists in home alarm systems, been doing business for 20 years in Hawaii, and is locally owned.  Services have been provided all over the island.  COPS provide burglary and fire alarms for both residential and commercial sites along with proximity door accesses, video surveillance cameras, intercoms and gate releases.  Free demonstrations and estimates are available.

ELECTED OFFICIALS:

Councilmember Barbara Marshall – Andrew Malahoff, present earlier, made Marshall's report available.

·          Marshall's report reemphasized reducing the (property) tax rate when assessments go up and increasing the (property) tax rate when assessments go down.  The residential property tax rate which is currently$3.59 per $1000 of assessed valuation should be $2.74 per $1000.  This would reduce the tax on an average owner-occupied home by approximately $442. 

·         Marshall's CIP proposals for Kailua are: Rehabilitating Ku'ukama Street which was badly damaged by the sewer construction project in Kailua, and mangrove removal in Ka'elepulu Stream. 

·         Maunawili Bridge # 2, over Kamakalepo Stream, construction has begun and DDC indicated that they expect the project to take about 7 months. The $1.4 million project will include the phased demolition and removal of the existing Maunawili Bridge, guardrails, and posts.  A new bridge will then be constructed at the same location.  One lane will remain open throughout the 220 day project, with the contractor providing 24-hour traffic control for the duration.  Construction hours are 8:30 a.m. to 3:30 p.m., Monday through Friday.  Design Consultant—KAI Hawaii, Inc.  Contractor—Kaikor Construction Company.   

·         Bus shelters on Kalanianaole Highway at Auloa Road, according to the Mayor, require the State to make necessary improvements to the highway before the City can move forward with the project.  Marshall will allocate the funds in future budgets as necessary.

Mayor's Representative – Ann Chung reported:

·         A series of community meetings in April and May to review plans for a curbside residential recycling program and other ways to manage O'ahu's trash. The proposed a recycling pilot project for central, windward or east O'ahu. It could eventually operate island wide. The plan would include a $10 monthly fee for homes that want to continue having trash picked up twice per week. The meetings will be held from 7 to 9 p.m. Thursday, May 10 at Windward Community College.

·         In answer to Nicholette Johnson and the school crosswalks: The Department of Transportation Services (DTS) issued a work order to the Department of Facility Maintenance to install international type crosswalks on Kuulei Road at the intersections of Maluniu Avenue and Kainalu Drive and to upgrade the School Crossing and Advance signs to the fluorescent yellow-green background signs for better visibility. DTS also investigated and found that 25 mph speed limit signs are appropriately posted on Kuulei Road between the Oneawa Street-Kailua Road and Kuulei Road-Kainalu Drive intersections which should assist HPD in their enforcement efforts. Should there be any questions, please contact Roy Ota of DTS at 768-8333.

·         In response to Josh Wisch, Committee Chair of the PIG Enforcement of B&B and TVUs – 1) the department rules and procedures provide that when a violation is corrected, the Director is charged with the responsibility to review the facts related to the case to determine the appropriateness of the assessed fines. When a violator of the Land Use Ordinance (LUO), who has been conducting illegal vacation rentals, has corrected the violation the violation by discontinuing the use, the department focuses on compliance and prevention of repeat violations. 2) The civil fines are used primarily as a tool to leverage the violator into compliance. When this objective is obtained, the facts of the case are reviewed and, if appropriate, the fines may be reduced in settlement. As part of the settlement agreement, the violator is asked to submit a signed affidavit, which a) verifies the awareness of the provision of the LUO; b) admits to the above referenced violation; c) affirms the intentions to comply with the provisions of the LUO; and d) acknowledges that a transient vacation rental of less than 30-days is a violation of the LUO. 3) If the violator submits a signed affidavit acknowledging the violation and pledging to comply with the LUO provisions in the future, the department may reduce in settlement the civil fines assessed by the Notice of Order (NOO). However, if a settlement is offered and the payment is not received with thirty (30 days from the date of the settlement letter, the settlement offer becomes "null and void". Further, should the violator be cited for an infraction of the same code in the future, the amount of fines dismissed by the settlement agreement will be automatically reinstated and become due and owing. 4) The requirements presented above were satisfied by the owners of the property at 1002 Mokulua Drive. As such the civil fines assessed by their NOO were reduced in settlement, payment was received and the file was closed.

·         Regarding Chuck Prentiss' concern that the Board's resolution requesting that commercial buses be prohibited from the area east of the Kalaheo Avenue/Kailua Road intersection - that the Department of Transportation Services (DTS) has informed the Mayor that there are no existing laws that restrict vehicles such as commercial buses from using any public roadway within the City and County of Honolulu. The collector roads within the area have adequate widths to accommodate buses, and there is an existing bus route in the area. DTS contacted the Hawaii Transportation Association and requested that they inform the drivers of the commercial uses to avoid the area if at all possible and to use caution when driving in the area. It is DTS's position that restricting buses from the area is not warranted.

·         Chung provided Best with the follow-up regarding an email inquiry on December 11 that basically noted that the City's area of responsibility with respect to safety and legality of the parking on Mokulua Drive; and that no violation was committed.     

Chair Bryant-Hunter noted any questions relating to City services can be filled out on Mayor's Concern forms (white) and questions relating to the Governor's representative can be filled out on Governor's Concern form (blue). Forms are available at the sign-in table.

Questions, comments and concerns followed:

1.       Best shared concerns regarding the ordinance that parking on "unimproved sidewalks are prohibited"; and that the pictures showed the trailers parked on the unimproved sidewalks, and also people walking in the streets. Chung replied it's a matter of interpretation when looking at the same picture showed, which showed a police officer enforcing the laws in that area. Best was in disagreement noting other violations, but had a second question in follow-up. The Chair decided to give others a chance to ask questions and will come back to Best on the second round.

2.       Glanstein Oneawa and Kuulei Road, school speed zone is 25 and DTS has found this appropriate, further all school areas should be posted with signs

3.       Dudley would like to know what's happening and is requesting a follow-up on the flooding issue along Kawailoa and Alala Roads. The storm runoff flow changed after the County changed the bike path grade and closed the drainage swale along Alala Road.

4.       Wong questioned in the case of the filming activity in Lanikai, the officer on duty was actually on "Special Duty" rather than an on-duty HPD officer.    

5.       Evans restated that parking on unimproved sidewalks is not allowed in Lanikai and to say laws were not violated by the film crew because a Special Duty officer was present is unconscionable. The item will be taken into the Transportation and Public Safety Committee  

6.       Best reminded Chun that commercial buses (Blue for State and White for City)  are taking longer to disembark riders and re-board them--staying much longer than is allowed in the area according to law.

7.       Stann Reiziss is appalled by the lack of response on commercial operations in the Beach Parks to the Parks and Recreation Committee by the Department of Parks and Recreation.  Further, now that Kaleheo has been repaved, and that Coluccio has completed the water lines, grass between road or bike lane not restored or repaired.  However, the cars parked in the bike lane are being cited, removed, etc.

8.       Wong asked if there was a law suit pending for the drainage in the park. 

9.       Joe Gillman reminded that only 2 months ago, during Ms. Chung first visit to the Board, Dudley as voiced concern regarding the flooding issues and that now there is a law suit pending. Chung will look into the matter and report back.

10.   Prentiss raised attention about the initial project in 2003 and there was a lot of complaints with the traffic, the drainage problem and a lot of complaints; also the drainage. 

11.   Dudley reminded the Board and the Mayor's representative that Coluccio offered C&C to take care of drainage at the Beach Park and the Boat Ramp.  What happened to that? 

12.   Evans said a KITV reporter asked her some questions about the recent accident at Kapa'a Quarry Road and that the Board took a strong position and sent a letter to DTS regarding the concerns and suggestions. The reporter also mentioned that DTS would be making a decision by next Friday regarding the matter and Evans would like to know what it is. Also, Evans turned over a report to Chung from Council Chair Marshall's Office regarding the bus stop near the Maunawili entrance on Kalanianaole Highway; she would like a follow-up regarding that.   

Governor's Representative – Chair Bryant-Hunter noted that Mark Recktenwald is on a family emergency on the mainland and will back next month. The Board will have an opportunity to official congratulate him on his new appointment and to thank him for his services; and as a result, the new Governor's liaison is Dr. Morgan Barrett.

Dr. Morgan Barrett is new to public service and appointed the Deputy Director to the Department of Health. He is thrilled to be here and will try to do his best. Tonight he presented a short answer to a previous concern regarding the rock slide mitigation issue sent by Scott Ishikawa - it reads that contractors will be reinstituting the ---- with no impact to traffic below, crews will be installing a series of nets along the hillside and the contractor is trying to decide whether to use a helicopter or a crane to lay down the final portion of the netting and the work is scheduled to run until the end of summer.

Questions and answers followed:

1.       Wong said on the side of the street next to the Kawai Nui Marsh and the old ITT property, DOT came to the Board and wants to use that as a staging area for their equipment. They are now putting down dirt and rocks and she's assuming they'll be excavating on the hillside. Will DOT be required to get a Shoreline Management Area Use Permit and Wong was concerned that the Board was not informed about DOT putting the materials there. Dr. Barrett asked that the blue form be filled out and he will get the answer. 

2.       Regarding the soil and rocks on the ITT property, Evans said in speaking with Brennon Morioka (Deputy Director DOT), that DOT did not need the SMA, DLNR gave the approval to go ahead, and suggested Barrett talk to Morioka. Wong would like to know whether it is going to be used for storing equipment or depositing of soil and rocks and was that part of the SMA permit and discussion with DOT. Chair Bryant-Hunter will spend time with Barrett to catch him up with what the Board's issues are.    

Chair Bryant-Hunter will take written reports from Elected Officials. The Board has received written reports from State Legislators Representatives Chong, Thielen, and Waters; Senators Hemmings and Tokuda. There was no representative present for Congresswoman Hirono.

Evans had two questions for Representative Chong: a) relating to CIP Projects that listed under Community Projects, $100,000 appropriation for Olomana residential area roads for ingress and egress improvements; what is that about; and b) what is the Representatives' position on HB 750. Janine Tully indicated that the Representative voted yes.   

RESENTATIONS:  COMMUNITY PROJECTS:                

"Ironwoods" Kailua Road Housing Development Update - Bob Bruhl, DR Horton/Shuler Homes

Closure of the cesspools will be done by June.  Residents still there will be out by September 30, 2007 (Remaining are approximately 20 occupants). The Transition for residents began 15 months ago. January the demolition will begin.  Security will be on premise because no one will be living there.  There are 185 apartments in "Ironwoods" project, 153 total units from 800 sq ft, for 1 BD, l BTH.  Project has met the LUO, no special variances or approvals are being sought.  Athestically there will be parking under the building and 3 large courtyards. The courtyards are to open the space to the park across the street and a buffer to the public street.  A step up to the first floor (for the residential "look") and given vegetation to shield the parking and units with exposed rafters.  There maybe a 3^rd party grading system of environmental success of the project.  Major rehabilitation to the building area will be required because of leaded paints, remediation of the cesspools, under grounding of the electrical lines, widening (improving Kailua Road) to install drainage improvements in the 20 foot easement of the City with a 2412 requirement to "improve to standard" road.  Rights-of-Way are 40 feet.  10 feet travel lane each way and 5 feet for the ironwood that are there and the 5 feet for the bike lane. The 40 ft ROW is to widen ½ of the roadway with an additional 20 feet (20+20=40)  Hahani will be accessed by a median turn lane in Kailua Road while maintaining 2 travel lanes, the bike lane on each side of the roadway.  4 foot planter plus the sidewalk of 8 feet.  Coordination with Kaneohe Ranch Co. in trying to work out with the City the Drainage Improvements (DEIS) and pipe the storm water into the park from the parking lot.  The other choices not allowed were to route down Aoloa or Kaelepulu or to Kawainui Stream (Hamakua-Kaelepulu)

Dudley asked if there are 74 large capacity cesspools were they to be closed and would they be demoed and removed.  Response: yes to be cleaned out and closed, whether they would be removed or fill remains a decision between the City and Horton/Schuler.  According to EPA requirement the consultant working with abatement may cap on the ground.

·         Prentiss: as the Sewer project is from May to the End of the Year; Enchanted Lakes to the Beach the Design of the 3 lanes for the roadway will they parallel the full length of the property matching the current? The Liquor Store tapers out to the roadway to a width surface-ability   Last time no agreement with the City; is that done yet?  Response: City refused to extend the center land both ways; City's 3 connecting lanes are for good of the county. 

·         Wong asked for the affordable number of units.  Response: none.  Price range?  Response: 1-3 BD Apartments -- $400,000 to 800,000 consistent at market in Kailua.  As we are looking at 217 units of affordable housing, where are they going?  Response: Military redeployed or left the island.  What is the setback to edge of property?  Response:  10 foot back; 12-15 short side; 12 foot front.  Is the City doing the EIS- drainage?  Response: covers our portion, City only in EIS project:

·         Private Units with Common Areas for the units only.

·         Glanstein: property on opposite side of roadway not to be assessed for improvements on Kailua Road?  It has been ponding a long time. Response: 3 areas will percolate to park. \Chair Bryant-Hunter: Planning, Zoning and Environment will be looking into the Drainage DEIS at committee.

·         Tomasa asked if any of the units would be affordable   Response: No.

·         Best asked if the project to start 2008? Response: civil site work only.  Completed?  Response: 2 years—2011. Start date?  Response: 1^st or 2^nd quarter of '09. Retail In the complex? Response: Economic zoning not allowed. Can you see the courtyards from the road? Response: Primary feature from roadway—principal to soften the face of the project.  Semi-private, not locked up? Response: Designed for residents, but still securely.  The courtyards will have about a 3 foot wrought iron fence.

·         Lee Cranbury: Height is 40 feet, density was 185, after it will be 152 units in the 5 acres, no zone changes, breaking up the mass by using a U shape with 40 foot vertical with four faces break that up with step back or offsets.  

·         Ann McCoy: Security? Response: Yes.

·         Entrance to Garage?  Response: 2 entrances.

·         Landscaped along the back?

·         Elevators?  Response: all buildings will have.

·         Ken Adams: The void in the middle is my home.  It is viable and attractive.  In the mind of Horton/Schuler how can we fit in?  Response:  that is an open-ended question.  Kaneohe ranch Co has sold? Horton/Schuler the properties on both sides of us.  It must be worked out so have the Kailuan (Adam's home) is done similar to Michael's Liquors.  The strip of land behind the Kailuan, did Horton/Schuler purchase that?  It must be remembered this was the last vestige of affordable homes in Kailua?  

·         Audience: Why doesn't development require a percentage to be affordable?  Response: It is re-development.  Is the complex is to have an underground garage? Response: yes. How much space to the roadway? Response: Road to the Building is 22 feet, a) curb to building = 40 feet, b) curb to back of courtyard 150 feet.  Statement by audience: Hawaii Kai in Kailua is out of sync.

·         Marie Samulo: Did you assist the relocation for tenants?  Response: Tenants were notified, EPA in April 2005 notice provided at that time.  The mandate EPA 2004 caused the building owners & Kaneohe Ranch Co. to terminate the ground leases.  Statement by audience: But in early 1950 the notice was for 1000 days.   

·         For the Coral we provide NO financial penalty, unused rents were returned.  Letters were sent to tenants by Kaneohe Ranch Co. Catholic Charities was available for relocation assistance.

·         Audience question if the any units were below grade?  Response: Floor to floor height is 10 feet.

·         Wong asked if the 74 cesspools were located below parking lot and in courtyards.  Response: yes.

·         Chair Bryant-Hunter reiterated that the Kailua Neighborhood Board wanted affordable housing in Kailua.  The recommendation was to incorporate in creative ways.  Are the units for renter or for sale?  The Board tried from beginning to provide low income affordable options in the project.  The response Kailua got has been a new structure near Cinnamons.  Redevelopment opportunity for affordable housing was missed here.

·         Wong restated that there was no require in City Ordinance for redevelopment-- only in development. 

Mr. Melvin Kaku, Director, Dept. of Transportation Services, project updates – Chair Bryant-Hunter informed everyone that Mr. Kaku, Director of DTS, is on military duty and would not be present tonight; no other representative was available.  

Chinen arrived 9:25 p.m. during the discussion, 17 members present.

BOARD ACTIONS:                   

Planning, Zoning and Environmental Committee – Committee Chair Wong read:

Motion 1 – The KNB write to the Environmental Protection Agency (EPA) requesting an extension of sufficient time to enable property owners at the Kailuan apartments at 409 Kailua Road Co-op Apartments TMK 42001035 to connect to the pending Kailua Road Sewers I.D. project.  

Wong gave more information on the Kailua Road Sewer ID (Improvement District) 276 that:

• a) In a   November 28, 2006 email, Clifford Kanda, Department of Design and Construction (DDC) Wastewater Division, Design Branch Collection System Design, notified that KNB that the City & County Budget and Fiscal Services, Treasury Division "will be mailing the notice of assessments on December 2006 to property owners / residents listed in the assessment roll of the Kailua Road Sewer Improvement District #276."
• On January 26, 2007, Clifford Kanda responded to the PZ&E's January 8, 2007 letter via email to Vice Chair Jim Corcoran. Mr. Kanda's letter stated that the "Kailua Road Sewer ID 276 is anticipated to start construction early to mid-2007."
• On January 12, 2007, Eugene Lee, Director of DDC, responded to the PZ&E's letter stating that the contract has been "executed with the construction contractor Okada Trucking company" and "construction is anticipated to start early to mid-2007 and continue for 180 days.
• On March 21, 1997 (revised) DDC document anticipates construction to begin in May 2007.

Discussion followed: 1) Glanstein suggested this is a reasonable request especially given the scarcity of affordable apartments in either the immediate community or within the City & County of Honolulu.  The motion to write requesting EPA to consider the circumstances is a motion she supported in committee and will support before the full board.

The motion carried 16-0-0. Aye:  Best, Brown, Bryant-Hunter, Chinen, Dowsett, Dudley, Evans,    Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

Motion 2 – the KNB urges the City, in consideration of public health and safety, to install drainage improvements on Kailua Road as soon as possible.

Discussion followed: 1) Glanstein expressed the "ponding" in this area has been a long-standing issue, addressed by this board and urging the C&C to resolve it is both reasonable and proper.  The question will be raised whether installing the sewer lines would fix the problem.  Eventually---hopefully.  However, measures should be taken to remedy this hazardous situation.  She supports the motion.

The motion carried, 16-0-0. Aye:  Best, Brown, Bryant-Hunter, Chinen, Dowsett, Dudley, Evans, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

Motion 3 – The KNB supports HB1002,hd2 (or the like)  to help discourage speculation of residential real estate by assessing a graduated anti-speculation tax on the capital gains realized on real property held from less than 6 months and up to 24 months before being sold.

Discussion followed:  1) Glanstein reminded the need to check the status of HB 1002, HD2 which may have crossed to the Senate. Asking for an "anti-speculation tax" may, at first glance, seem risky.  However, given this very narrow window representing a too-rapid turnover indicates the lack of desire of the buyer and seller to establish a permanent residence within a residentially-zoned district.  She supports the motion.  2) Dudley suggested the Tax Foundation of Hawaii was concerned about the bill and that there was a grass roots movement that attacked the bill.  3) Best supports the motion, especially in light of occurrences in Lanikai and greater Kailua in that some properties have turned over 3 times in 6 months by investors who have no intention in living in the homes they purchased and would like to have the bill consider Condominium Property Regime as well. 4)  Another board member suggested the bill was dead. 

The motion carried, 10-4-2. Aye:  Best, Brown, Chinen, Evans, Glanstein, Lindgard, Prentiss, Tomasa, Ure and Wong. Nay:  Dowsett, Dudley, Harding, Porter. Abstain: Bryant-Hunter and Wisch.

Motion 4 – The KNB recommends that the City continue the twice a week sanitary trash pick up and continue funding through general funds.

Wong explained the issue was brought to the board by Councilmember Marshall to consider.  The administration's suggestion is that households will have the second day a week sanitary trash pickup discontinued unless they wish to pay an additional fee for that second pickup.  It concerned the committee that most household need the second pickup of sanitary waste and it would be a health hazard in a climate like Hawaii to not have sanitary waste pick up twice a week. Further, the current sanitary trash pick up is financed out of the general fund (where the property tax is placed). 

Discussion followed: 1) Prentiss reminded that the property taxes, including this municipality,  have always paid for the sanitary trash pick up and it would be inappropriate to change that system now. 2) Glanstein, not having documentation relative to cost factors and land fill issues, questioned whether this is necessary or reasonable or an effort to further delay the establishment of a county-wide curbside re-cycling program.  She supports the motion and hopes that the City keeps its promises to the electorate who clearly want a re-cycling effort to be implemented. 

The motion carried, 16-0-0. Aye:  Best, Brown, Bryant-Hunter, Chinen, Dowsett, Dudley, Evans, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

Motion 5 – The KNB requests that the City hire additional DPP residential building inspectors.

Discussion followed:  1) Wisch explained that the proposal by DPP was to teams of inspectors instead of having one inspector be responsible alone.  And, there has been a shortage of inspectors in the department for a very long time and there are many buildings to inspect, not just residential buildings.  The additional inspectors will give the DPP the tools it needs to do its job in enforcement. 2) Ure suggested additional inspectors are responsible for more than investigating complaints.  New construction and remodeling must meet inspection criteria as well and inspectors are a part of safety as well. Building codes have changed and many of the high-rises do not have sprinkler systems and other buildings do not have elevators.  As these changes are made the inspectors are needed to insure the work is done property.  3) Evans was concerned about how many inspectors and whether they were really needed. 3) Glanstein stated this is a recurring theme that "enforcement" is the key to addressing the issue of non-permitted units.  As there are insufficient personnel, the number of building inspectors needs to be increased.  Without appropriate enforcement, the integrity of residentially-zoned areas is compromised.  She supports the motion and urges direct contact with the department of permitting and planning.  4) Harding asked how they would be paid for.  5) Wisch stated the DPP has been understaffed for quite some time because of retirements and transfers.  However, the work load has increased with the additional building and remodeling as well as complaints and the City has the funds and should appropriately staff DPP with inspectors. 

The motion carried, 14-1-1. Aye:  Best, Brown, Bryant-Hunter, Chinen, Dowsett, Dudley, Glanstein, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong. Nay:  Harding. Abstain: Evans.

Government and Community Services Committee – Jon Chinen, Chair introduced the following motions:

Motion 1 – The KNB supports the need for the expansion of Family Court Services to include various population centers, including retaining some necessary and appropriate services in downtown Honolulu.

Committee Chair Chinen opened discussion: 1) Frank Lockwood, Esq., spoke in favor of the motion.  Seventy percent of the population is in East, Windward or Honolulu. Off island cases, small claims court, Family court, as well as legal aid and court records are in downtown Honolulu.  There are over 10,000 cases in the courts every year.  2) Prentiss spoke in favor of the motion in that to locations will support the justices and staff, 3) Glanstein stated this concern (brought to the Board by Adrienne King, Esq.) is that the State desires to move certain services to Kapolei.  The fact that Family court issues are county-wide suggests that there be consideration for retaining the current downtown site and establishing a second site in the second city (Kapolei).  To do otherwise puts residents lacking transportation options at a disadvantage. 

The motion carried, 16-0-0. Aye:  Best, Brown, Bryant-Hunter, Chinen, Dowsett, Dudley, Evans, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

Motion 2 – The KNB urges the City and County Administration to contain costs and expenditures with additional fees subject to justification for such increases. 

Committee Chair Chinen opened discussion:  1) Glanstein called for the need to recognize that certain cost are contractual while other represent new fees, it is that latter that needs more "sunshine".  The requirement that the administration—when it proposes increases—that it provide justification is neither unreasonable nor is it burdensome.  The public has a "right to know" where its money is going and for what purpose.  2) Wisch was opposed to the wording of the motion. 3) Evans opposed the motion believing it place undue restriction on the Administration.  4) Chinen withdrew the motion and returned it to committee.

Harding left at 10 p.m., 16 members present. 

COMMITTEE REPORTS:                                  

Civilian-Military Council – Linda Ure concurred with Major Christopher Perrine's report.

Kailua Chamber of Commerce – No report.

Permitted Interaction Groups (PIG): Permitted Interaction Groups meet at the discretion of their chair.  They are investigative committees, defined in scope, and report findings to the board at scheduled and noticed meetings

Enforcement of B&B and TVUs – Josh Wisch, Chair reported that DPP has been investigating and fining operators without Non Conforming Use Permits (NCUP). Those fines are $1000 a day and some have been fined for up to 90 days.  To assist the individual case is referred to Corporation Council for input which is taken back to DPP.  A lien may be placed on the property.  When the fees have become high, owner's attorneys asks to negotiate and some owner fines have been reduced from $100,000 to $20,000s when the owner acknowledges they did not comply with the law.   The level of enforcement is up since 2005.  Of 100-125 NCUP violations, only three have NOT become compliant and 10 are not yet resolved.  To continue Non-compliant violation enforcement DPP needs the help of the public and more inspectors.  DPP is not allowed to enter the property without warrant. No anonymous complaints can be used by DPP. Folks who  have information may call Russell Kaneshiro 768-8159 and or Art Callahan 768-8117. Be patient. There are only 13 inspectors for the entire island and their inspection areas cover safety, housing code, and overgrowth violations as well. 

Best commended the staff of DPP for continuing to address the issue seriously. 

Corcoran arrived 10:03 p.m., 17 members present.

Property Tax Reform – Chuck Prentiss, Chair reported the committee met and divided their work with current legislation on property tax to be addressed in Government and Community Services while future reform is being investigated in one area in which Kauai (similar to California) capes increases at 2% and Maui which uses a separate category for resident homeowners.  The committee members are dividing the research into tax rates / exemptions and alternatives tax strategies available to state and county.  2) Glanstein reminded the Board that rates and exemptions were amended to reflect circuit breakers for low income and a package of exemptions adjustments.   

Neighborhood Plan 2007 – Member Linda Ure reported the Neighborhood commission is awaiting response on the Draft Neighborhood Plan 2007 from Corporation Counsel.  A Memo will be provided the Neighborhood Commission March 26, 2007 from the City lf Honolulu, Corporation Council Attorney Jennifer Waihee.  The Government and Community Services Committee has requested a copy of the Memo while at the Neighborhood Commission meeting.  . 

Government & Community Services Committee – Jon Chinen, Chair deferred the balance of committee reports to next month as many have been covered in other areas of the agenda.

Ure announced that the Neighborhood Board System Audit Task Force minutes and agenda may be found at http://www4.honolulu.gov/docushare/dsweb/View/Collection-876  

Parks and Recreation Committee – Chuck Prentiss, Chair reported:

Commercial Activities – Kailua Beach Park and Bay: DLNR has no plans to issue any commercial activity permit to Kailua.  User Conflicts: a pending court case on user conflicts has been rescheduled on the calendar.

Commercial buses east of Kalapawai Market: the Mayor continues to repeat "request unwarranted".  1) Ure reminded the Board that TheBus route 70 uses a smaller bus and it serves Lanikai, the Marine Corps Base and Maunawili for both narrower roadways and hill gradients.  2) Dudley noted that two buses in the boat ramp parking lot could not make the left turn back to the roadway from Kailua Beach Park because the buses were too large.   

Filming Complaints at Kailua Beach Park involves the permit violations and authorizations between the State and County Film offices.  Ocean Conflicts Study: General comments were sent to DLNR and it is still of concern that only one focus meeting was held in Kailua and notification to the KNB was late and "accidental".  Recommendations in the report do not address conflicts.  The Next Committee Meeting: Tuesday, April 17, 7-9:00 p.m. Kalama Beach Park

Planning, Zoning and Environmental Committee – Donna Wong, Chair:

Waimanalo Gulch Landfill Leeward DEIS: Corcoran reported the anticipated completion date for the DEIS is early 2007; DEIS Public Workshops will be held within 10 days of the publication of the DEIS and once these workshops are completed, a 45-day written comment period will begin prior to the EIS being finalized in mid-2007.  There is an oversight Advisory Committee for Waimanalo Gulch Landfill to provide a forum for the community representatives and their concerns over the operation of the Landfill with Waste Management Hawaii, Inc.  While this is a local community meeting, agenda may be found at the Opala.org website.  The current landfill permit expires May 8, 2008.  Department of Planning and Permitting has denied permits for 1368 Mokulua Drive.  The applicant may request reconsideration if relevant information is provided the Department.  Kailuan co-op Apartments:  cesspool removal and sewer hookup – previously covered. City Municipal Parking Lot Makai: nothing additional to report.  Next Committee Meeting: Tuesday, April 17, 7-9:00 p.m. Kalama Beach Park

Transportation & Public Safety Committee – Faith Evans, Chair reported:

1) Various motions and requests sent to Department of Transportation Services with no response is still being worked on by the committee and will be ready by next month so that the City knows what specifically the Board and the Committee are anticipating. 2) Evans requested the Board to check with Executive Secretary Joan Manke on the Policy to invite Directors, and Deputy Directory of the City to our neighborhood Board meetings.  It is of concern that a Director now says he has to have permission to attend a Board meeting.  If a City body can't get a Director to the KNB and the State can, this is becoming serious and it affects our board's working relationship with the City Departments.  3) Next month a presentation will be made for the Keolu Drive & Wanaao Road Sewer Reconstructed Project- KFC Engineering Management, Inc., Dexter Kubota, President and Eric Iwamoto Project manager as well a presentation/report on the Kailua Road New Sewer Project - Eldon Franklin, Wastewater Division, DDC, 4) and the Next Committee Meeting: Wednesday, April 18, 7-9:00 p.m. Kalama Beach Park                                    

Sustainability Committee – Chris Porter, Chair reported:

1) The committee had a long discussion on the Ko'olaupoko Sustainable Communities Plan, and the fact that DPP has not implemented the KPSCP.  Members of the committee do not want them to change the KPSCP as the full implementation has not yet occurred with Department of Planning and Permitting.   However, we want to work on suggested areas to append to the KPSCP and prepare a list of items (for addendum) that are missing from the KPSCP; for example, carrying capacity, and social impact and quality of life issues.  We still need to identify the areas that will need to be researched in order to have data that will back-up any assertions that the KPSCP is not being followed, and this is the result of, among other things, a lack of implementation and adherence to zoning laws and permitting. 2) The committee will be writing a letter to the Board of Water Supply to request the total amount of water used in 96734, and the average amount of water used by an individual so that we can get another source for the population base for Kailua.   3) Our next committee meeting, April 12, 7-9 p.m. at Kailua District Park in the Tiny Tots Room,  we continue the discussion on (a) the areas not covered by the KPSCP; (b) what data or fact gathering would be helpful in the issues of Sustainability; and (c) the goals and objectives of the Committee. 

Evans wished to express her dissatisfaction with the negative position of DR Horton concerning the affordable housing that will no longer be available in Kailua as a direct result of their project.  

Prentiss reminded the Board that it has a letter from '98-'99, on file, for the reconstruction of sewers in Kailua and the Waste Water Treatment Plan (in Kailua), as relates to the "improvements" and was to correct existing deficiencies at that plant, not to provide new hook ups.  This letter will be made available to Porter for his committee and can also be posted on the neighborhood link dot com. 

Glanstein expressed the need to continue with the Charter Amendment process now that the Charter Commission has completed.  Of note is Bill 07-90: Public Transit Amendment that requires the issue to be taken to the electorate.   

Ure moved, Glanstein seconded, to continue the meeting.  The motion carried 16-0-0. Aye: Best, Brown, Bryant-Hunter, Chinen, Corcoran, Dowsett, Dudley, Evans, Glanstein, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

Executive Committee:

Treasurer's Report - Ure stated the Board remains within the parameters of their budget and will give a more complete repot next month.

Correspondence - Chair Bryant-Hunter asked committees to review the previous year for outstanding responses. 

NB Election processes – Glanstein expressed concern that the deficiencies from the last election needed to be addressed prior to embarking on a new online-voting process this term.  There are issues that have arisen and it is hoped that this does not negatively affect voter turnout or the vote counting process. 

I Love Kailua Town Party – Chair Bryant-Hunter requested board members to indicate a time they can assist in the Kailua Neighborhood Board Booth on April 29 and convey that information to Tomasa as well. Tables, chairs, coolers, water, and community outreach activities still need co-ordination. 

Ure reported that on the Board's Website www.Neighborhoodlink.com  the contact information has been updated since the host of the site has gone to PDF format.  The discussion area remains active with new postings, all committee schedules can be found in the calendar and the entire site received over 260 "hits" each month for the months of February, March and April.  Of note is that April is only 5 days old and already has 274 "hits".  Folks are interested in our community information; are visiting the site, and this information should be noted along with those who watch Olelo as a part of community outreach and participation.  

BUSINESS:

Chair announced that the Castle Foundation Administrative Complex CDUA/EA pre-assessment announcement, Helber, Hastert & Fee Consultants (comments due April 9, 2007) and the issue will be in the Planning, Zoning and Environment Committee to see if they or the Maunawili Community Association wish to make any comments at this time.

Honolulu High Capacity Transit Corridor Project, EIS Scoping Package comments through April 3, 2007 on the scope of the EIS can be found at http://www.honolulutransit.org/

BOARD ANNOUNCEMENTS:                                                                            

·         May Board & Committee Agenda items to Chair & Secretary by Monday, April 23, 2007;

·         Committee correspondence copied to Chair and Secretary;

·         Kailua Town Party is on Saturday, April 29, 2007.

ADJOURNMENT: Without objection the meeting was adjourned at 10:30 p.m.  The motion carried 16-0-0. Aye: Best, Brown, Bryant-Hunter, Chinen, Corcoran, Dowsett, Dudley, Evans, Glanstein, Lindgard, Porter, Prentiss, Tomasa, Ure, Wisch and Wong.

Submitted by

Linda Ure, Board Secretary

And Marie Richardson,

Neighborhood Assistant