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DRAFT REGULAR MEETING MINUTES
THURSDAY, DECEMBER 6, 2007
KAILUA RECREATION CENTER
Olelo Broadcast Channel 49 Monday 9:00 p.m. and visit: http://www.neighborhoodlink.com for more information from Kailua
CALL TO ORDER: Chair Bryant-Hunter called the meeting to order at 7:04 p.m.; a quorum was present with 15 members. A few brief announcements were made: Happy Holidays and thank you for being here tonight in this weather. The
MEMBERS PRESENT: Kalana Best, Richard Bratt, Michelle Brooks, Kathy Bryant-Hunter, Jon Chinen, Jim Corcoran, Michael Correa, Susan Dowsett, Debbi Glanstein, Joe Harding, Knud Lindgard, Christian Porter, Charles Prentiss, Claudine Tomasa, Linda Ure, Ronald Weinberg and Donna Wong.
MEMBERS ABSENT: John Brown, Virginia Enos, Christian Porter.
GUESTS: Representative Cynthia Thielen, Cathy Weinberg, Maria T. Gorak, Jim Miltier, Craig Batchelder, Joe Gillman, H.M. Reuface, Glenn Uyeshiro, Sarah Gillman, H. Bankston, Parey Goodman, Ricky Bermudez, M. Retherford, Carol Erickson, Jim Woods, Rich Figel, Bob Grantham, Glenn Wasserman, Jim Van Der Kamp, Capt. Harold Ogata (Honolulu Fire Department), Lt. David Eber (Honolulu Police Department), Glenn Wasserman (Governor’s Representative), Ann Chung (Mayor’s Representative), Maj. Christopher Perrine (Marine Corp Base Hawaii), Senator Jill Tokuda, Venus Acoba (Councilmember Marshall’s Office staff), Larry Bartely, Marie Richardson (Neighborhood Commission Office staff).
Announcements: 1) The Committee of the Whole meeting will be held on Wednesday, January 10, 2008 at
APPROVAL OF MINUTES: All the minutes have been deferred until the next Board meeting.
AGENCY REPORTS:
· 35 fires - 32 structure, 3 brush fires; and 137 emergencies - 116 medical, 3 search/rescue and 18 miscellaneous.
· Major incidents reported on December 4 and 5 included: a blown roof, arching wires, a person stuck in the elevator, and fallen electric poles.
· Fire Safety Tip: Dried Christmas trees, wreaths, and other natural decorations are extremely flammable. Remove them from your home as soon as possible. Your Christmas tree can be taken to a participating recycling center. Consider leaving fireworks to the professionals. Enjoy one of the public fireworks displays on New Year’s Eve. Follow all warnings and instructions for the safe use of fireworks. Never give fireworks, even sparklers, to the young children. Older children should only use fireworks under the direct supervision of an adult.
No questions followed.
Honolulu Police Department (HPD) – Lt. David Eber reported:
· Happy
· Video Surveillance Camera Update – the grant to research video surveillance for
· Statistics for November included: 2 aggravated assaults, 15 simple assaults, 9 auto theft recovery, 20 burglaries, 7 drug cases, 16 driving under the influence, 13 motor vehicle thefts, 6 graffiti, 2 ID thefts, 8 ICF/SCF, 26 criminal property damage, 85 motor vehicle collisions, 55 thefts, 3 rapes, 1 robbery, 16 runaway, 16 runaway cancellations, 2 sexual assaults, 4 terrorist threatening, 5 truancies, 45 unauthorized entries to motor vehicles, 20 warrant arrests, and 2 weapons offenses.
Questions and answers followed:
1. Prentiss raised concern about the reoccurring illegal fireworks at
2. Weinberg asked regarding the video surveillance, what agency was the grant being requested. Lt. Eber did not know the specifics – only that it may be a federal grant from a Crime Reduction Agency. The Sergeant who initially applied for the grant will apply again.
3. Ure thanked HPD for trying to get the grant. It was the first grant being applied for from the Attorney Generals Office. Secondly, she knows HPD is extremely busy with the high wind and rain issue, but when will HPD begin the beach patrol with the ATV’s (all terrain vehicles). Lt. Eber said occasionally, beach patrols coming from Waimanalo are usually done when there are extra officers are available.
4. Tomasa recommended should Sergeant Gremes decide to apply for future grants to please come to the Public Safety Committee so they can do what they can toward the effort.
5. A resident expressed concern that the wires outside in front of the
Marine Corps Base
· Season’s Greetings to the Kailua Neighborhood Board and community.
· Makahiki Season Opening Ceremonies, November 22 - 26: November marked a successful Makahiki opening season where several local Hawaiian families with ties to the
· Special Olympics and Hawaii Holiday Classic, November 30 – December 2: MCBH helped to host this annual event. The games brought together 750 athletes with mental retardation and developmental disabilities. Athletes compete throughout the year to earn a place in the annual Holiday Classic Games competition held at Kaneohe Base and Hickam Air Force Base.
· Kaneohe Christmas Parade, December 1: A Marine Corps color guard and Federal Fire Department fire fighting vehicle and crew will represent the U.S. Marine Corp in this year’s annual community event; and at Waimanalo Christmas Parade on December 15.
· December 7 –
· December 7 – the Japanese Religious Committee for World Federation visits MCBH,
· December 23 – the MCBH will support a Joint Service Color Guard for this Hawaii Hula Bowl game.
· December 22-25 and December 29-January 1 – MCBH will be closed for the Holiday Season.
No questions followed. Chair Bryant-Hunter expressed a “Happy Holiday Season” to the Marine Corp Base Hawaii.
Board of Water Supply (BWS) – The Board of Water Supply monthly report was forwarded to Board members for review. There were no questions.
There were no other reports from Emergency Services Department (EMS) and Honolulu Liquor Commission (HLC).
Board Unfinished Actions:
GOVERNMENT & COMMUNITY SERVICES COMMITTEE – Jon Chinen, Chair
Motion 1: The Kailua Kailua Kailua
Discussion followed: 1) Weinberg said there is a standard for safety shelters but how do we know whether they’ve met the standard or not. Glanstein noted one of the reasons for asking the legislature is because they have the resources to research, get the documents and find out what the standards are. The Committee can only go so far; asking, encouraging and supporting the actions to be sure that identification and funding is appropriated for retrofitting. By a show of hands, the motion carried unanimously, 15-0-0. Aye: Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Prentiss, Tomasa, Ure, and Weinberg.
PLANNING AND ZONING COMMITTEE – Chair Bryant-Hunter noted that Committee Chair Donna Wong was not feeling well and left the meeting. Vice Chair Jim Corcoran read:
Motion 1: The
Discussion followed: 1) Glanstein said the question is that it has not been completely addressed; having to do with the notion of pre-application; and shouldn’t we wait until there is an application? Or are they talking about an actual land use or zoning issue? Or are we talking about a particular support of a facility? What are we opposing…the location, land use, etc. 2) Prentiss thanked Glanstein and was interested that the pre-application is something that comes as an early notice; and the procedure for the Board is to wait until it receives the information of the permit application. His feeling is to take out the word, pre-application; and actually, DPP has not accepted the application. This means that the applicant has to go back and make some changes and then re-submit the application. There are two ways the Board can go: a) wait for the applicant to submit the new application; or b) if there is enough objections the Board can go ahead adopt this motion but suggesting that the word, pre-application, be taken out. 3) Corcoran clarified that Committee Chair Wong informed him before leaving tonight that DPP denied the application. Chair Bryant-Hunter asked whether Corcoran was open to accept Prentiss’ suggestion to delete the word “pre-application;” Corcoran accepted the suggestion.
Chair Bryant-Hunter clarified the motion to read as: the
Discussion continued: 1) Ure added when you have a pre-application, this is an opportunity for the Board to comment so they can include those comments for correction before they go to DPP for an application. This is way DPP had difficulty because there were no comments from the Board because the NCO was unable to get the minutes out on time. We have not seen an application and therefore it was difficult to oppose. A pre-application presentation was presented, but the Board failed to give comment; and therefore, Ure would have to abstain on this motion.
As the acting Vice Chair of the Committee, Corcoran asked to withdraw the motion and take it back to committee; and indeed wait until the Board sees an application and/or any modifications if any. The Board will not be losing anything because the Board missed voting on this last month. 3) Tomasa said there’s was quite a bit of concern about the structure, etc. for the people that live in that area, what is the assurance should the Board agree to have the motion withdrawn. Chair Bryant-Hunter clarified with the maker of the motion whether it is time sensitive because it has already been deferred one month and the board may not meet in January and the concern is whether the Board would still be within the window for comments if deferred again. Corcoran concurred with the Committee – the change of the meaning of the motion by crossing out “pre-application” and putting in “application”; the Board cannot vote on an application not-seen and cannot take an informed vote. 4) To help Tomasa and other members understand, Ure was informed by DPP that upon their acceptance of an application, there is 45 days for comments. 5) Chair Bryant-Hunter noted that the applicant is seeking a Conditional Use Permit major, which is why they are required to go through a pre-application process because it is the most restricted use with significant requirements. 6) The board was asked to vote on the amended motion. The motion carried 11-4-0. Aye: Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Harding, Lindgard, Prentiss, Tomasa, and Weinberg. Nay: Best, Dowsett, Glanstein and Ure.
Chair Bryant-Hunter said if there’s interest in this issue, the Planning and Zoning Committee will not be meeting in December and will be take the matter up in Committee in January 2008.
EXECUTIVE COMMITTEE: Kathy Bryant-Hunter, Chair
Motion to cancel January regular meeting on January 3, 2008. The Board is required to meet only ten months of twelve. The Board did not meet in July, so this is a permitted recess. There is a Committee of the Whole meeting on January 10, 2008 to discuss procedural matters; and if there is a time sensitive issue, it could be taken up at the Committee of the Whole meeting; if properly noticed.
Discussion followed: There was a brief discussion noticed the year of the January, Committee of the Whole meeting. The motion carried, 11-4-0. Aye: Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Harding, Lindgard, Prentiss, Tomasa, and Weinberg. Nay: Best, Dowsett, Glanstein and Ure.
Motion to participate in 10 x 10 group discussions and report back to board. Chair Bryant-Hunter asked if
Senator Hemmings or staff person to give an overview about the 10 X 10 group is about. A brief overview noted that the group would consist of a 10-member group of leaders in the community; to work on 10 projects in
Discussion followed: 1) Ure noted that the word participate is incorrect and it should say “listener” because it would be difficult to defend participation in a discussion, then a listening to a discussion. Because until this Board hears it, it cannot take a position on anything that the 10X10 group does; it has to be presented to the Board; Chair Bryant-Hunter agreed. Chair Bryant-Hunter repeated the motion: to send a Board member representation to listener to the 10X10 group discussion and report back to the Board; The motion carried, 14-1-0. Aye: Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Prentiss, Tomasa and Weinberg. Nay: Ure. Chair Bryant-Hunter asked that information be forwarded to her. Members appointed to attend these meetings were Rick Bratt and Donna Wong.
Motion to participate in Windward Healthcare Coalition discussions and report back to board. Chair Bryant-Hunter announced that the Castle Medical Center is initiating this coalition comprised of representatives of the hospital and neighborhood boards from Waimanalo, Kailua, Kaneohe, Kahaluu; Waimanalo Community Health Center, possibly Teen Project in Kahaluu, and the Koolauloa Community Health Center; and wanting to create a sounding board of community representatives to both share information about hospitals and health care issues, to hear back from the community what’s going on within the community that they might need to be aware about, and to ask for participation in the searching and planning process to help identify health care issues. Again, the members would not be making any decisions, but would be there to gather information and report back to the Board. Bryant-Hunter and Glanstein attended a meeting and both feel it’s a good idea and is modeled after communities advisory group that medical center had several years ago and would like to get back and develop stronger partnerships with the different communities that are affected and impacted by the medical center.
Discussion followed: 1) Glanstein added that this is a good opportunity to work with other area boards and the
Appointment of board members to above if passed. Members appointed to the Windward Healthcare Network
were Kathy Bryant-Hunter, Debbi Glanstein, and Joe Harding.
There are residents present to speak on the Non-Committee motion under the Regular Board Action regarding the SHPDA application. With the permission of the Board, Bryant-Hunter entertained taking the agenda out of order. In the same interest, Brooks entertained a different order and Chair Bryant-Hunter agreed to address the Non-Committee motion relating to the property tax resolution, the Transportation and Public Works motion relating to the pedestrian safety measure, followed by the Non-Committee motion relating to CARE Hawaii, then to Public Officials.
Weinberg asked with regards to the Non-Committee motion, what’s the appropriate Parliamentary Procedure with regards to the motion. The Chair explained the motion has to be introduced, and then an offer of a separate motion can be made; Committee Chair Prentiss was asked to proceed.
NON-COMMITTEE MOTION: Chuck Prentiss, Chair, added that this motion is about the residential property tax that has impacted residents’ all over the island for over a year now especially in Kailua. This resolution was on the agenda last month which the Board was unable to get to address. Prentiss did not go through the whole resolution but highlighted the following “Whereas” of the resolution:
PROPOSED TAX RESOLUTION of
Whereas,
Whereas, the property tax on homes and apartments ignores the fact that the market value of a person’s home gives little or no indication of how much a person can afford to pay for city services, and
Whereas, the principle of tax fairness is seriously violated by taxing people on the market value of their home regardless of their ability to pay, and
Whereas, the most regressive tax is one which uses the value of person’s home to determine tax amount without determining ability to pay, and
Whereas, dollar exemptions given to residential properties have not kept pace with rapid increases in assessments, and
Whereas, no way has been found to provide exemptions for renters even though exemptions are given to resident owners, and
Whereas, assessed values of properties have been routinely inaccurate evidenced by numerous appeals that have been upheld, and
Whereas, senior citizens, in other states, have had to give up their family home because of the amount of property tax, and
Whereas, the high level of property tax makes housing less affordable, and
Whereas, unlike other states and cities, Honolulu City and County is in a unique position because of its geography, and because a small change in the much less regressive GET tax will yield the same revenue as the residential property tax, and
Whereas, current State and County data show that the residential and apartment property tax classification can be completely replaced by an increase of only 1.06 points in the existing General Excise Tax (GET) rate on Oahu, bringing the rate to 5.56%; and
Whereas, the GET is a much broader based tax; tourists pay 38% of it while they pay little property tax; and Whereas, as an example, residents now paying $3,000 in annual property tax, who spend $40,000 per year subject to GET, may instead expect to pay only about $424 in additional GET, a major tax cut of $2,576; and Whereas, substituting the GET will not only eliminate the property tax on homes and apartments, but is revenue neutral so that it will provide the City and County the same revenue it will collect in the coming budget year (based upon the 2007 tax rate of $3.29, and $200 rebate), and
Whereas, businesses and the economy would also benefit from the new spending power of all Oahu residents, Now, Therefore, Be It Resolved that the Kailua Neighborhood Board requests that the legislature of the State of Hawaii introduce and adopt a bill that will permit the City and County of Honolulu to collect an increase in the General Excise Tax if it is used only as a substitute to completely replace the property tax on residential and apartment properties, and
Be It Further Resolved that this resolution be transmitted to the Governor, the Speaker of the House of Representatives, the President of the Senate, the Mayor of Honolulu, the Honolulu City Council, and all the other Neighborhood Boards on Oahu.
Prentiss’ final point was that correspondence from Council Chair Marshall that if legislation is adopted that she will introduce it at City Council. The Chair noted before going into discussion, that there needs to be a second on the Non-Committee motion; Harding seconds the Non-Committee motion.
The Chair recognized Weinberg. Weinberg moved to postpone discussion on the proposed property tax resolution indefinitely; he felt the resolution was ridiculous. Glanstein seconded the motion to postpone indefinitely. The Board went into discussion/debate on the motion to postpone indefinitely. 1) Weinberg did not quite believe the statistics cited. 2) Ordinarily, Glanstein would prefer to postpone to a definite date and seconded the motion for the purposes of discussion; and is however concerned about the issues and clarity of the motion. Bryant-Hunter said the vote will be on the motion to postpone indefinitely; if you vote yes on the motion means that the Board will no longer discuss this tax issue. If this fails, the vote would go back to the main motion. By a show of hands, the motion failed 1-14-0. Aye: Weinberg. Nay: Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Prentiss, Tomasa and Ure.
Back to debate on the main motion: 1) Bob Grantham and his partner, John Elliot, founded “property relief now” two year’s ago and he wanted to thank the Board for the opportunity to speak in favor of the motion. They spent two year’s at City Council just on property tax issue. December 15 is coming up and if you think because the headlines about the housing market leveling off that you’ll be getting a lower assessment…it’s not going to happen. The data for the assessment will be coming out December 15 and has already been in the data bank for the last six months. Grantham thanked Prentiss for all the research that went into coming up with this unique concept;
Discussion continues: 3) Corcoran was concerned if the State is basically going to have the tourist paying the taxes, instead of homeowner’s what happens in a the case of another Desert Storm scenario and tourist stop coming to the islands extending over a long period of time (months or years); then where is the City supposed to get it’s revenue if basing all of this on the tourist paying the tax. 4) Best was concerned about people investing in our island especially in residential real estate; Maui and Kauai Counties are already over 20% owned by investors; and she would really want to look at measures that will discourage speculation in residential real estate; so she would like to ask the experts, Prentiss and Grantham how does this help or hurt or not address it at all? Prentiss said this is a proposal that would affect everyone who pays property taxes. It would be a major tax cut for everyone who has a roof over their head on this island; a few absentee owner’s or part-time owner’s of building will also get a tax cut this time, it does not distinguish rich or poor people; its for everyone. But its more for the people who live here then the comparatively few who have a part-time residence; and also some of those part-time residents rent out when their not here long-term, that the rent would probably be lower because the property tax is lower. So, Prentiss sees just about everyone benefiting from this; and it doesn’t promote any part-time or short-term rentals in anyway. 5) Lindgard spoke in favor of the motion; but it pre-supposes that everybody on this island is a property owner. There are hundreds and thousands that are also renters and doubt very much if property taxes are going to be returned to those who are renting; and a total rip off as usual; and looking at the number of people involved, there are many, many more than owner’s. 6) Brookes worked for a number of year’s taking of the elderly in their homes, and has seen many elderly who were here as newlyweds, bought their homes, paid them off, and are being chased out because they could not afford the enormous increase in the property tax. The values of their homes have increased astronomically and they are now being forced out of their homes. She felt if it could help those folks whose lives have been disrupted by having it taken away, she says “to go for it.” 7) Glanstein read from section 46-105 of the Hawaii Revised Statues on collection on tax increments – that the County by ordinance shall provide allocation for property tax increments. This resolution would suggest eliminating that particular section of the statue. We have a state law that says, the County shall be the jurisdiction for assessing and collecting property taxes whether we agree with that or not, it’s not up a neighborhood board to make that determination. You would need to go to the legislature and ask for a clarification from the Attorney General of Section 46. Prentiss already had a meeting and discussion on that issue with the majority leader of the State House of representatives, Mr. Caldwell and he said that as long as the legislation bill that is passed allows the City to do it; and the next step would be that the City would have to agree to do it. And actually the same way they did the rapid transit tax, they permitted the City to do that. So that would be no problem.
More discussion continues: 8) Woods thinks that the idea of allowing the City to charge general excise tax and substitute that for property tax is good. He knows one of the things that Barbara Marshall has often replied about taxes is that the City has no source of revenue except property tax and that fees, etc. cannot be used to raise revenue and can only charge for cost. Giving the City another arrow in their quiver is a good idea but the weakness in this motion is that it only allows total substitution. If it were to allow the City to substitute in part, he felt might be much more workable. He also understands the motion is to keep the City from raising taxes but at some point you got to trust them. But in all discussions he’s heard about property taxes, at the City level, they have to work from what money they need and then they figure out what the rate has to be and the assessments make it easier for them to raise more money. But the ultimate determination is what funds are needed for programs, etc. so they could very well raise the property taxes rates themselves if the assessment were not going up. 9) Ure is trying to find out what other States; there are 13 that do not allow their Counties or Cities to do property tax. Now of those 13 states, several of them have looked at this issue and unfortunately we are affecting our home rule between the counties and some of the counties will not be involved in this at all; and not all of our property owner’s and commercial properties involved. The problem is that the few states that tried this concept and if their tourism declines, they’re in trouble and have no money to give to their municipalities and they cannot complete the programs (CIP’s) that were already budgeted. Our main engine for this State happens to be tourism, but it never used to be and it may not be again in the future. We need to consider this carefully and therefore she opposes this resolution. 10) Bartley spoke in favor of the motion because the current system is atrocious. He likes what Mr. Woods said regarding the substitution. He stated that he is worried that the City cannot be trusted not to raise both taxes. He thinks once that get their hands on two pies, the City will just pull out of both of them; so he would say the substitution language is good. Other states where is has been done, i.e. Michigan, recently, is a great example; it just happened between a democrat/republican fight, Michigan somehow got the school system taken out of the property taxes in most of Michigan and been very popular, giving a lot of property tax relief. What we have now on
BRIEF ANNOUNCEMENT ABOUT A FORMER BOARD MEMBER: A
Chair Bryant-Hunter apologized that she did not know and will make a former announcement at the next meeting. The Board moved forward to Board actions.
BOARD ACTION:
Non-Committee Motion: Chair Bryant-Hunter introduced the motion:
Motion 1: The Kailua Neighborhood Board supports the appeal sent to SHPDA by Representative Thielen recommending further investigation concerning environmental impact upon the health and safety of patients- located at CARE HAWAII's proposed 16 Bed STF (special treatment facility) at 110 Kaneohe Bay Drive; by the Aikahi Waste Water Treatment Plant. Representative Thielen spoke on the motion, but first wished everyone a Happy Holiday Season and commend for coming tonight in this weather. Thielen filed an appeal to SHPDA about the CARE Hawaii proposal at
Non-Committee Motion: Chair Bryant-Hunter introduced the motion:
Motion 1: The Kailua Neighborhood Board supports the appeal sent to SHPDA by Representative Thielen recommending further investigation concerning environmental impact upon the health and safety of patients- located at CARE HAWAII's proposed 16 Bed STF (special treatment facility) at 110 Kaneohe Bay Drive; by the Aikahi Waste Water Treatment Plant. Chair Bryant-Hunter briefly interrupted and noted that the Board needs a second to the motion; Tomasa was the maker of the motion; Weinberg seconded the motion.
Representative Thielen wished everyone a Happy Holiday Season and commended everyone for coming out in tonight’s bad weather. She announced having filed an appeal with SHPDA about CARE Hawaii’s proposed facility at
Discussion followed: 1) Weinberg commented he is delighted there is concern for the mentally ill, an important issue, but is concerned about the intent of the motion and said that the motion would be more meaningful if there was an alternative. Representative Thielen replied the community is not opposed to any facility in
ELECTED OFFICALS:
COUNCILMEMBER BARBARA MARSHALL: Report given previously in the agenda.
MAYOR’S REPRESENTATIVE: Ann Chung, Director of the Office of Economic Development and representing the Mayor, reported the following information:
- In regards to Glanstein’s question regarding the City Charter, the current revised City Charter is being reviewed by Corporation Council and has not been posted on the City & County of Honolulu’s website. The Municipal Library does not know the exact date when it will be printed, but is fully aware of the need.
- In regards to Corcoran’s concern regarding the delay of an environmental impact study (EIS), for the landfill expansion project, the City has indicated it is slated for completion by December 2008, Chung noted she will continue to update the Board of progress in this issue.
- In regards to Lindgard’s concerns regarding the flag, Chung noted that she has given Lindgard documentation that addresses that concern.
- Regarding the elimination of bus fares, mentioned by Weinberg, the City noted that it would incur a $40 million loss, if fares were eliminated, and would have to subsidize this amount of funds in some way.
- Regarding the concerns of speeding vehicles
- In regards to the phone system, mentioned by Glanstein, the City & County of Honolulu is undergoing a systematic change through phases, and once these phases are completed, an updated directory will be available.
Questions, comments, and concerns followed:
Ure raised concerns regarding the requested bus shelters along the
GOVERNOR’S REPRESENTATIVE: Glenn Wasserman, representing the Governor’s office, reported the following:
· In regards to the high-curb median that is creating a problem for resident drivers, a concern brought up by Wong, the State Department of Transportation (DOT) has indicated that this high-curb is meant to prohibit, any crossover of vehicles, noting that no median should be crossed by vehicles.
· Regarding damaged and defaced signage at
· Regarding the request of signs with different languages, picot-graphs which are commonly used throughout the world seems to be more beneficial and understood that several different languages.
· In regards to testing sand of possible bacteria and leptosclerosis, there are no regulations from the Environmental Protection agency (EPA) to testing sand. It has been indicated that any bacteria in the sand could have possibly been eliminated naturally.
Questions, comments and concerns followed:
- Weinberg questioned the dangers and probability of leptosclerosis in the water. Wasserman explained that leptosclerosis may be transferred from animal urine into humans, although not all animals will dispose this germ when defecating and not all humans will become ill, leptosclerosis cases have been reported.
- Corcoran noted that he was not satisfied with the response letter regarding leptosclerosis, as it referenced Board member’s housing and the number of bacteria that could possible be located in their back yards.
- Ure noted that she is pleased that signage will be replaced and or repaired, and applauded the testing that was done which results show no threat. Ure did suggest that signage note “sewer spill” as this will keep more people out of contaminated waters. Ure also explained that in the response letter, she was told of a study that will inform people of what to test for, and is looking forward to that study.
REPRESENTATIVE PONO CHONG: Representative Chong’s written report was made available.
REPRESENTATIVE CYNTHIA THIELEN: Representative Thielen’s report was given previously in the agenda.
REPRESENTATIVE TOMMY WATERS: Representative Water’s written report was made available.
SENATOR FRED HEMMINGS: Senator Fred Hemmings noted that his written report was available and he was available for questions. No questions followed.
SENATOR JILL TOKUDA: Senator Tokuda’s written report was made available.
PRESENTATIONS & COMMUNITY PROJECTS: None.
With no objections Chair Bryant-Hunter took the agenda out of order to allow the Sustainability and Environmental Committee, followed by the Government and Community Services Committee.
SUSTAINABILITY & ENVIORNMENT COMMITTEE:
Motion 1: Ure moved that a permitted interaction group (PIG) be formed to investigate and research public beach access in
Discussion followed: 1) A constituent representing Beach Access
Chair Bryant-Hunter asked for volunteers for the Permitted Interaction Group. She noted that as no one has volunteered this issue will be differed to the Parks and Recreation Committee for further discussion. The Parks and Recreation Committee will be meeting on Tuesday December 18, 2007. Best noted that formation of a PIG is necessary as research may be done outside of the committee. Chair Bryant-Hunter noted that as members are absent tonight, the issue may come up again if members choose to serve on the PIG.
The agenda resumed its regular order.
GOVERNMENT & COMMUNITY SERVICES COMMITTEE: Chair John Chinen of the Government & Community Services Committee reported on two motions:
MOTION 1: The
- Resolution 06-291, CD1, in establishing the Task Force, erred by failing to acknowledge the language in the Charter, Article XIV, relating to Neighborhoods and Neighborhood Boards has been amended by the electorate;
- Despite assurances to the contrary, the Task Force was, and is, exempt from statutory requirements of HRD Chapter 92 the “Sunshine Law”;
- Resolution 06-921, CD1, was introduced without adequate and appropriate notice to Neighborhood Boards although the Executive Secretary of the Neighborhood Commission Office is identified in the body of the resolution as an ex-officio member of the Task Force and serves as the official link providing all relevant information to all Neighborhood Boards;
- Resolution 06-921, CD1, incorrectly identified the branch of government in that the City Council cannot make changes to the Neighborhood Board System’s “structure and operations” except by either, or both,
1. restrictions on budget;
2. charter amendments by Council Resolution;
- The reorganization recommendations of the Task Force are poorly conceived and lack the understanding of organizational structure and dynamics; the reorganization recommendations of the Task Force exceed its mandate and therefore satisfy neither continuity nor structure.
Discussion followed: 1) Mr. Wood, a constituent a member of the Task Force, stood as a community member and opposed the motion to reject the recommendations made. As many of the reasons for rejection seem to be clearly operational and not substantive, it would be a waste to time that the task Force has put into the report. 2) Corcoran stood in support of the motion and noted that the Task Force’s report never once negatively portrayed the Kailua Neighborhood Board, but noted his reservations and stood against the report. 3) Glanstein noted that she attended the Task Force meetings, and questioned why the Task Force was not subject to the “Sunshine Law.” Mr. Wood noted that he does not have an exact answer but replied that the Task Force attempted to follow the sunshine law as closely as possible, and noted that the only thing that possibly was not permitted by the sunshine law was a meeting between Task Force members without the notice and participation of the public. 4) Weinberg, speaking in opposition, noted that the recommendations made are watered down and simply not acceptable. Wood noted that it was a consensus of members rather than one person and as such the recommendations had to accommodate all members. 5) Prentiss noted that this is a complex motion as the Task Force not only performed incorrect procedural meetings, but stipulations and recommendations made in the report seem difficult to perform.
Chair Bryant-Hunter relinquished the gavel to Vice Chair Prentiss to speak on the motion.
Vice Chair Prentiss called a short recess at 9:10 p.m. due to technical difficulties. The microphones were un-operable, therefore Chair Bryant-Hunter asked everyone that will speak, to please speak clearly and loudly enough for everyone to hear. Vice Chair Prentiss called the meeting to order at 9:12 p.m. Discussion continued: 6) Chair Bryant-Hunter noted that the motion rejects the recommendations for procedural conduct, rather than focusing on the substance of the Task Force work. She stated that the community would benefit from knowing our positions on the substantive recommendations of the Task Force which could change the Neighborhood Board system. 7) Ure explained in support of the motion that the recommendations within the Task Force’s report do not repair the Neighborhood Commission Office (NCO). Ure noted that the NCO has been faulty and is clearly not doing their job, and therefore the Task Force did not fix the problem. 8) Corcoran explained that the Government & Community Services Committee has gone over the Task Force’s report extensively and will therefore follow the decision of the Committee.
Vice Chair Prentiss passed the gavel back to Chair Bryant-Hunter, to allow a roll call vote of all members. The motion failed, 6-7-2 vote. Ayes; Chinen, Corcoran, Glanstein, Lingard, Weinberg, and Ure. Nays: Bratt, Brooks, Bryant-Hunter, Correa, Dowsett, Harding, and Prentiss. Abstain: Best and Tomasa.
MOTION 2: Chinen moved that the Government & Community Service Committee transmit to all Kailua Neighborhood Board Committee Chairs for deliberation, discussion and decision as a Board Policy Statement: The Kailua Neighborhood Board opposes, and will continue to oppose, any and all measures, proposals, and initiatives wherein there is an intent to impose, or support, “resort zoning” in Kailua.
Discussion followed: 1) A constituent questioned what exactly resort zoning is, to which Ure noted that
Dowsett moved, Glanstein seconded that the motion be amended to remove preface language. Amending motion carried unanimously 15-0-0.
The motion now reading: The
PLANNING AND ZONING COMMITTEE: Corcoran, Committee Member of the Planning and Zoning Committee, read the following motions.
MOTION 1: The
Discussion followed: 1) Corcoran noted that upon approval of this motion, the Kailua Neighborhood Board will stay in dialogue of what is happening to the Waimanalo Gulch. The motion carried unanimously 15-0-0. Aye; Best, Bratt, Brooks, Bryant-Hunter, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Prentiss, Tomasa, Ure and Weinberg.
MOTION 2: The
Discussion followed: 1) Best reiterated her concerns regarding the building and remodeling to create large dwellings in
MOTION 3: The
NON-COMMITTEE MOTION: Previously discussed in the agenda.
Report on Planning Commission hearing on November 28, 2007 – Chair Bryant-Hunter attended the public hearing to give the Board's position on Bed and Breakfasts (B & B) and Transient Vacation Rentals (TVR). Over 200 people were there. As the Planning Commission had the room for only three hours and many people were not able to testify, the meeting will be continued in January 2008. The public finished testifying for 186, but they were beginning testifying on 187. She will try to attend the January meeting or send Vice Chair Prentiss. Other Neighborhood Board members attended in a private capacity. David Bartley held up a sign with the words www.SONHAWAII.org and mentioned that updates on the January meeting would be posted on the website. He encouraged more Board members to attend the next meeting, as he felt his side was outnumbered two to one. Even though Chair Bryant-Hunter attended, she did not testify, nor did he. There were three or four positions, but the "opposition" was divided into two groups - the ones who favored B & Bs and the ones who wanted condos, cabins and TVRs. It's about establishing businesses in the neighborhood. When Weinberg asked SONHAWAII's position on beach access, Bartley said they had none. Their organization was formed over the issue of short-term rentals in residential neighborhoods. Glanstein and Best commented that the Planning Commission is still taking comments. Bartley is concerned that this is an island-wide issue and he will be visiting as many Neighborhood Board meeting as possible for the next two months. Businesses will build attractions to bring people into the neighborhoods, like Manoa, Tantalus, Nuuanu and Pupukea. He asked for volunteers to accompany him.
Report on the Neighborhood Plan 2007 at the Neighborhood Commission Public Hearing on November 3, 2007 – Jon Chinen reported: 1) Members of the PIG attended the November 3rd meeting at Windward Community College and he presented the Board's position on the Corporation Counsel's version of the Neighborhood Plan. Board members Glanstein, Ure and Corcoran also submitted testimony. Chair Bryant-Hunter mentioned the Neighborhood Commission will be taking comments through tomorrow and will review the amendments. She announced that both PIGs (for the Revised Neighborhood Plan and the B & Bs/TVUs) will continue for the duration of the process.
GOVERNMENT & COMMUNITY SERVICES COMMITTEE – Chinen reported: 1) the agenda lists all of the issues his committee is concerned with and they will be following bills concerning changes to the "Sunshine Law" as they pass through the 2008 Legislature in January. 2) Transitional Housing/Windward Resources Center at
PARKS AND RECREATION COMMITTEE – Co-Chair
Planning & Zoning Committee – Corcoran, on behalf of Chair Donna Wong, mentioned because there were so many issues anticipated for January, he would report on any specific ones requested by members of the Board. There were none.
Sustainability & Environment committee – Chair Chris Porter was not present, so Chair Bryant-Hunter deferred this item to the next meeting. A committee member announced that at the next committee meeting on the second Tuesday, January 2008, the consultant for the Koolau Sustainable Communities Plan will update the process.
Public Health, Public Safety & Civil Defense Committee – Chair Claudine Tomasa announced she had a summary of the report by Toby Clairmont, Director of Emergency Services, Healthcare Association of Hawaii. Chair Bryant-Hunter announced there would be no committee meeting in December 2007 and the next committee meeting will be on the second Thursday, January 10, 2008.
Transportation & Public Works Committee – Chair Bryant-Hunter announced there will be no committee meeting in December and the next committee meeting will be on the third Thursday, January 17, 2008.
Joe Gilman reported he lives on
Executive Committee: Chair Bryant-Hunter announced: 1) For committees, meeting in December, the agendas are due by Wednesday, December 19, 2007 to the Chair and Secretary. The Executive Committee is meeting on Thursday, December 20, 2007 to set the Committee of the Whole agenda.
Announcements:
- Committee of the Whole meeting will be held on Thursday, January 10, 2008 at
- Committee correspondence should be copied to the Chair and Secretary.
ADJOURNMENT: The meeting adjourned at 9:50 p.m.
Submitted by
Linda Ure, Board Secretary
And Marie Richardson, Neighborhood Assistant
ADJOURNMENT: Noting the end of the agenda, Chair Bryant-Hunter wished everyone happy holidays, and called the meeting adjourned at 9:45 p.m.
Submitted by
Marie Richardson
Neighborhood Assistant