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            NUUANU/PUNCHBOWL NEIGHBORHOOD BOARD

 

REGULAR MEETING MINUTES

TUESDAY, JUNE 15, 2004

BOOTH DISTRICT PARK

 

CALL TO ORDER – Chair Magaldi called the meeting to order at 7:19 p.m.  A quorum was present.

 

MEMBERS PRESENT- Jim Bannan, Richard Carreira, Al Canopin, Jr., Remy Luria, Patricia Jones, Sylvia Young, Russ Awakuni, Wendy Ogawa Signe Godfrey, Patt Spencer, Dean Asahina, Audrey Hidano, Paula Kurashige, Joe Magaldi, and Phil Nerney.

 

MEMBERS ABSENT – There were no absent members.

 

GUESTS –Sean Matsumoto, Erika Teska, Hiromi Matsushima, Eric Noguchi, Akiri Fujii (IRH), Jim Mee and Rosemary Fazid (Ashford & Wriston), Yasuko Nakamura, Katsumi Harvey, Toshiko Noguchi, Jeff Roberts, Miwako Yamamoto, Leslie Grandison, Masako Nakato, Masami Grandsion, Makoto Okamura, Kokei O., Bev Mercado, Lorelei Fukuda, Dr. Brenda Andrieo (IRH), Sgt. Calvin Calicdan and Lt. Curtiss Loui (Honolulu Police Department, District 1), Bruce Nakamura (IRH), L.F. Ho, Vi Ho, Sgt. Gordon Costa and Officer Mike Tamashiro (Honolulu Police Department, District 5), C. Lum, D. Lum, Masa Taira, Carole Hickerson, Shayne Paculan, Mason Aiona (Neighborhood Security Watch), Miki Taira, Kathy Grebe, Melvyn and Nadine Miyagi, Bob Tom, W. Ho Tom, Captain Edward Oda and Firefighter Michael Lee (Honolulu Fire Department, Nu’uanu Station), Richard T. Carreira, II, Karl Aschenbrenner, Shawn Hamamoto (Councilmember Rod Tam’s Office), George Keys, Nick Blank, Michael Lilly, Carol Kozlouich, Thomas A. Glass, Nahaku Brown, Gayle Chestnut, John Steelquist (Makiki Neighborhood Board No. 10), Senator Suzanne Chun Oakland, Marvin Dryden, Janelle Dryden, Richard Bissen, Jr. (First Deputy Attorney General/Governor’s Representative), Bruce Coppa, Frank Carlos, Kazuyo Sugiyama, and Nola Frank (Neighborhood Commission Office staff).

 

Without objections, the agenda was taken out of order to New Business:  7.A Complaint by Michael A. Lilly, dated May 21, 2004 and 7.B Complaint by Yuri V. Farrant, dated May 21, 2004.

 

NEW BUSINESS:

 

Complaint by Michael Lilly, dated May 21, 2004, and Complaint by Yuri V. Farrant, dated May 21, 2004:

 

Awakuni explained to the Board that two complaints were filed against the Board on May 21, 2004.  He distributed copies of the section of the rules from the Neighborhood Plan dealing with procedures governing hearings and Board responses that are required.    There is a thirty-day deadline for response from the Board regarding the complaints.  The two complaints are almost identical, except for the complainant.  Awakuni suggested that each item in the complaints be taken separately and a motion made to either admit or deny each specific item of the complaint.  The response will then be inserted by Chair Magaldi into the complaint response form and given to the Neighborhood Commission.  There were no objections to Awakuni’s suggestion.

 

Specific 1 – The Board denied public right to speak on agenda item CUP Minor for IRHH.  Awakuni moved Hidano seconded that the Board deny Specific 1, regarding the public’s right to speak on an agenda item.

 

Discussion followed: 

 

  1. Luria had no response to item 1, because he does not know what the exact public’s right to speak is based on.  He noted that no specifics were listed.  Resident Michael Lilly disrupted the Board’s discussion and his speaking was called out of order.  Chair Magaldi explained to him the public would have a chance to provide input after the Board completed their discussion.  Lilly then quoted the Hawaii Revised Statutes 92.3 that allows anyone to speak on an agenda item.  Chair Magaldi once again reminded Lilly that his speaking was called out of order and would have his turn to speak when the Board finished its discussion.  Lilly called Chair Magaldi out of order by not allowing him to speak.
  2. Canopin mentioned that several Board members did not have copies of the complaint and asked if each item could be read aloud, which Awakuni agreed to do. 
  3. Awakuni reiterated that this issue of the CUP Minor for the Institute for Research on Human Happiness Meditation Center has been on the agenda three times, and in addition, the Board held a special meeting.  Last month the Board took a position that the Conditional Use Permit Minor be denied, which failed to carry.   
  4. Godfrey commented that she feels if the public wants to speak they should be allowed to do so. Luria quoted the sunshine law, which allows a Board (their option) to limit the time for each speaker.

 

Board members were instructed that voting aye means that they deny the complaint, and voting nay would be that they agree with the complaint.

 

The motion failed 6-5-3.  Aye: Bannan, Canopin, Jones, Awakuni, Hidano, Magaldi.  Nay:  Young, Ogawa, Godfrey, Spencer, and Kurashige.  Abstention: Carreira Luria, Nerney.  Eight votes are need for a motion to pass.  Board action to deny the complaint failed to carry.

 

Nerney arrived during the above portion of the meeting.  (14 members present)

 

Specific 2 – The Board arbitrarily limited one person/side for five minutes.  Awakuni moved Hidano seconded that the Board deny Specific 2.

 Discussion followed:

 

  1. Nerney commented that he did not observe any arbitrary denial of the right to speak at the April meeting.

 

  1. Young commented that while she was on her cell phone, Chair Magaldi did not give her the opportunity to simultaneously speak on the issue at this time.

 

  1. With reference to the last Board meeting Awakuni said that both sides were each given five minutes to speak because a special meeting, as well as several other meetings had been held.  The five minutes would allow each side to summarize its views prior to the Board taking action.

 

The motion carried 12-0-3.  Aye: Bannan, Canopin, Luria, Jones, Young, Awakuni, Ogawa, Godfrey, Spencer, Hidano, Kurashige, Magaldi.  Nay: 0. Abstention: Carreira, Asahina, Nerney.  Board action to deny the complaint carried.

 

Asahina arrived during the above portion of the meeting.  (15 members present)

 

Specific 3 – The Board denied meaningful public participation (members of the public in the back of the room were unable to hear the speakers).  Awakuni moved, seconded by Hidano that the Board deny Specific 3. 

 

Discussion followed.

 

1.   Mr. Lilly said that the people in the back of the room could not hear what was happening.  He said that members of the public have a right to participate in what is going on with this Neighborhood Board.  It was noted that complaints about not being able to hear were made tonight when the microphones were not yet turned on prior to someone’s speaking.  Last month’s meeting had no microphones and the audience repeatedly asked what was going on and were denied the right to participate in the process of this Board.  Lilly said that Mr. Ben Kama, Executive Secretary of the Neighborhood Commission acknowledged at a meeting with the Pacific Heights Coalition that it is an obligation of the Board to assure that all members of the public can meaningfully participate at the meeting.   Lilly feels that the public was not allowed this participation.

 

Awakuni replied that Chair Magaldi instructed the audience and members of the Board to stand when they speak, which was the limited effort that could be done.  He noted that there is a sound system tonight, but the Board does not have one on a regular basis.

 

The motion carried 9-3-3.  Aye: Bannan, Canopin, Luria, Jones, Awakuni, Spencer, Hidano, Kurashige, Magaldi.  Nay: Young, Ogawa, and Godfrey.  Abstention: Carreira, Asahina, Nerney.  Board action to deny the complaint carried.

 

Specific 4 – Board members abstained improperly (afraid of Manoa Neighborhood Board-like lawsuits and/or claim Board had no duty regarding Conditional Use Permits).  Awakuni moved Hidano seconded that the Board deny Specific 4. 

 

Discussion followed:

 

  1. Hidano explained that she was voting yes, and it is just the opinion of the complainant that she improperly abstained.  She stated that it is her right to abstain.

 

  1. Luria noted that he did not know why other Board members abstained.  Hidano reiterated that from day one her reasons for abstaining were given.

 

  1. With reference to the Sunshine Law, Lilly said he could not meaningfully object to what was done tonight.  Hawaii Revised Statutes 92.3 relating to the Sunshine Law gives everyone the right to give testimony before the Board.  Limiting each side to five minutes to represent a community or interest of such vital concern is against the Sunshine Law.  Lilly stated that the sunshine law was violated two months in a row.  He said that, “according to Mr. Ben Kama, abstentions for reasons stated are improper.” The Manoa Board situation was due to liability by individual Board members.  Lilly noted that the Board has the City’s Corporation Counsel to defend them.  Awakuni noted that he abstained because it is a Department of Planning and Permitting matter, and the department will make the final decision.

Lilly then quoted Mr. Kama again,  “the Board has a duty to take the wishes, decisions, and aspirations of the community and make them known.  Abstaining does not fulfill the obligation of this Board.”

  1. Hidano mentioned that she was not sure what the Manoa case was about, but knew that lawsuits were brought against individual Board members who went out of the Board’s scope.  She asked Lilly and fellow residents if she voted yea or nay would he and the other residents have indemnified her as a Neighborhood Board member?

Lilly responded that in an official capacity she is already indemnified by the City Council.  Hidano answered that Corporation Counsel did not represent the Manoa Board members and that she has a right to abstain as earlier explained.

 

  1. Lilly stated that if you are going to be a member of this Board and represent this community opposing this IRHH Meditation Center and are not willing to take a stand on such an important issue, you should not be on the Board.

The motion failed 7-3-5.  Aye: Bannan, Canopin, Jones, Awakuni, Ogawa, Hidano, Magaldi.  Nay: Young, Godfrey, and Spencer.  Abstention: Carreira, Luria, Asahina, Kurashige, Nerney.  Eight votes are needed for a motion to pass.  Board action to deny failed.  No other Board action was taken on this matter.

 

Specific 5 – In April the parliamentarian improperly claimed the tabled item could not go back on the agenda.  Robert’s rules allow majority of quorum to do so.  Awakuni moved, seconded by Hidano that the Board deny Specific 5.

 

Discussion followed:

 

  1. Awakuni commented that referring to him as a parliamentarian was not the issue, but the issue was not on the agenda and per the Sunshine Law the Board could take no action.

 

  1. Young commented on allowing each side five minutes to speak at the May meeting.

  1. Resident Gayle Chestnut mentioned that at the May meeting he was speaking for himself and unaware of the five-minute time limit.  He believes it is not the way the Board should be conducted.

The motion carried 9-5-1.  Aye: Bannan, Canopin, Luria, Jones, Awakuni, Asahina, Hidano, Magaldi, Nerney.  Nay: Young, Godfrey, Spencer, Ogawa, and Kurashige.  Abstention: Carreira.  Board action to deny the complaint carried.

 

The order of the agenda resumed.

 

ELECTION OF BOARD OFFICERS (June 2004-2005 Term):

 

Chair – Awakuni moved Asahina seconded nominating Joe Magaldi. Kurashige moved, seconded by Spencer nominating Wendy Ogawa.  Godfrey moved Luria seconded nominating Remy Luria for Chair.  Spencer moved Kurashige seconded nominating Dean Asahina for Chair.  Asahina moved, Godfrey seconded that nominations be closed.  The motion carried unanimously to close nominations.  A roll call vote was taken and the results were as follows: Magaldi 7 (Bannan, Carreira, Awakuni, Asahina, Hidano, Magaldi, and Nerney); Luria 2 (Luria, Godfrey); Asahina 2 (Canopin, Jones); Ogawa 4 (Young, Spencer, Ogawa, Kurashige).

 

A second vote was taken for the two nominees with the highest prior votes, Magaldi and Ogawa).  The results were as followed:  Magaldi 10 (Bannan, Carreira, Luria, Jones, Awakuni, Godfrey, Asahina, Hidano, Magaldi, Nerney) and Ogawa 5 (Canopin, Young, Ogawa, Spencer, Kurashige).  Joe Magaldi was elected chair 10-5-0.

 

Vice-Chair – Magaldi nominated Russ Awakuni Nerney seconded.  Spencer nominated Al Canopin, seconded by Young. Asahina moved Nerney seconded that nominations be closed.  The motion carried unanimously, 15-0-0 to close nominations.  A roll call vote was taken with the following results:  Russ Awakuni 9 (Bannan, Carreira, Luria, Awakuni, Godfrey, Asahina, Hidano, Magaldi, Nerney); Al Canopin 6 (Canopin, Jones, Young, Ogawa, Spencer, Kurashige).  Russ Awakuni was elected Vice-Chair 9-6-0.

 

Secretary/Treasurer – By acclamation Patt Spencer was elected Secretary.

 

Board Officers for the 2004-2005 term are: Chair – Joe Magaldi, Vice-Chair – Russ Awakuni, and Secretary/- Patt Spencer.

 

Ratification of Board Recess (s) – Kurashige moved Ogawa seconded ratifying a Board recess in the month of December.  Discussion followed.  The motion carried 14-1-0, with Carreira voting no.

 

Nerney moved, Hidano seconded ratifying a Board recess in the month of August.  Discussion followed.  The motion carried 10-5-0.

 

Ratification of Publicity Funds (Videotaping)  - This item was deferred.

 

FIRE, POLICE AND NEIGHBORHOOD SECURITY REPORTS (3 Minutes Each):

 

Honolulu Fire Department (HFD) – Due to the lengthy discussion on the first agenda item discussed this evening, HFD’s was deferred to the next meeting.

 

Neighborhood Security Watch:

 

Pauoa – Mason Aiona reported now that summer is here, be aware of more people around the school and park areas and an increase in traffic.  Calls are made to HPD when he observes people sleeping in Booth District Park or kids loitering in the neighborhood.

 

Nu’uanu – Kurashige reported the following:  1) for the month of May in Beats 572 (Pali Highway Kailua Bound) and 573 (Pali Highway, town bound from Kailua) there were 39 unauthorized entries into motor vehicles.  Twenty of the unauthorized entries occurred at the Pali Lookout, where car door are left unlocked, locks punched out or windows shattered by thieves.  The others are of car break-ins at Blow Hole scenic lookout.  2) Burglaries occurred on Kaohinani Street in the Dowsett area and up into the valley.  3) Graffitti with the name Rodz is along Pali Highway.  There are two on the Wyllie Street overpass, down School Street to the Liliha area.  To report graffiti call HPD or the graffiti hotline.  4) A meeting will be held this Thursday for retiring Chief of Police Lee Donohue at the Kalihi Valley Recreation Center.

 

Papakolea Community Report– Al Canopin had no report.

 

Honolulu Police Department (HPD):  Due to the lengthy discussion on the first agenda item discussed this evening, the police reports were deferred until the next meeting.  The statistics reports from the Honolulu and Kalihi districts were available for interested persons to review.

 

BOARD OF WATER SUPPLY – Iris Oda was in attendance during the earlier portion of the meeting, but was unable to stay.  The monthly report was given to the neighborhood assistant.

 

CITIZENS’ CONCERNS:

 

T-Mobile Proposed Roof Top Antenna at 275 Auwaiolimu Street – Karl Aschenbrenner expressed concern regarding installing an antenna on an apartment complex rooftop.  At last month’s meeting he gave a letter of opposition to the Chair.  He requested that this item be placed on the July agenda with the T-Mobile representative giving an updated report on alternate antenna sites in the area.  He mentioned that the motion passed by the Board last month recommending denying T-Mobile the Conditional Use Permit, is not acceptable to the neighbors in its present form.

 

Pelekane Drive – Bruce Coppa asked if sidewalks could be installed and a centerline painted on Pelekane Street.   Mayor’s representative Magaldi will put in a request with the City.  Kurashige responded that requests were put in the last Capital Improvement Project for sidewalks (Waikiki side)`` She suggested that he ask the Board’s Chair and Vice-Chair to push for this item.  Secondly, he wanted to know if construction last week at the intersection of Dowsett Avenue and Pelekane Street was legal.  He almost encountered a severe accident. 

 

Safety Issue at the Intersect 1 - Prospect Street, Ward Avenue/Intersect 2 - Iolani Avenue, and Alapai Street – Prospect Street resident Carol Kozlouich expressed concern about this dangerous intersection.  Visibility is limited and crossing the street is hazardous to one’s life.  She suggested that a stoplight be installed for safety reasons.

 

Street Crossing Mechanism – Frank Carlos has suggested a device, which would assist people having to cross Pali Highway.  The device would be a flag in a container fastened to a pole at the crosswalk.  The person crossing would hold the flag while crossing, and leave it in the container on the opposite side of the crosswalk for others to utilize.  His boss is willing to pay to have the devices installed on Pali Highway.  The Mayor’s representative informed him that both State Department of Transportation and the City (DTS) take care of Pali Highway will follow up.

 

Hidano mentioned that when the issues regarding the Pali Highway rumble strips occurred, the residents formed a committee.  She suggested that he meet with Pat Hironaga who is on the Roadway Safety Improvements Committee for the Pali Highway area.

 

Candidate – Bob Tom, candidate for District 26 introduced himself.

Tree Trimming at Booth District Park – Mason Aiona said that he is working with Councilmenber Rod Tam regarding having trees trimmed on the Namilimili Street side of Booth District Park.  He asked if signage could be installed twice weekly between certain hours so the street could be cleaned by the street cleaners.

 

Identification Theft in Nu’uanu – Paula Kurashige alerted everyone if they find spy ware in their computers to have it immediately removed.  She also mentioned that potholes were repaired on Alika and Wood Streets. 

 

38 Prospect Street – Canopin reported that he, Pat Jones, Keoki Miyamoto (DTS) and Raymond Won (DTS) visited the area and found that the owner has installed steel metal stakes to prevent his tenants from parking in the area.  The City has issued a notice of violation.  A third house has been constructed on the property without the proper permits.  There have been complaints for several years; however the owner does not acknowledge this and continues to build.  This matter has been referred to the Planning and Permitting Code Enforcement Division for civil fines.

 

Drying Grass Areas Along Pali Highway – Kurashige expressed concern about grass areas along Pali Highway looking dead and questioned why.

 

Letter from Institute for Research on Human Happiness Meditation Center to the Community Dated June 8, 2004 – Young expressed concern about two items in the letter.  The first was regarding no tourist or non-members would be allowed to train in the facility.  She asked is anyone not from our State or City a tourist?  Another paragraph in the letter mentions working with a Hawaiian Civic Club to create an exhibit in the reception area to commemorate the history of the building.  The letter states that interested viewers would be welcome.  She asked if this could be a potential tourist attraction.

 

UNFINISHED BUSINESS:

 

Visioning – Dean Asahina reported that the 60-day maintenance period is over for the Pali Highway signage.  The plastic netting has been removed and the final inspection will be done in the near future.

 

Roadway Safety Improvement Committee – This item mentioned earlier during the meeting.

 

APPROVAL OF THE REGULAR MEETING MINUTES:

 

MARCH 16, 2004 – Awakuni moved Godfrey seconded to accept the Regular Meeting Minutes of March 16, 2004 as circulated.  The motion carried 14-0-1, with Kurashige abstaining.

 

APRIL 20, 2004 – Awakuni moved, Godfrey seconded to accept the Regular Meeting Minutes of April 20, 2004 as circulated.  The motion carried 14-0-1, with Carreira abstaining.

 

MAY 18, 2004 – The following corrections/additions were made:

 

  • Page 1, under Members Present add ”…Paula Kurashige…”

  • Page 5, second paragraph add “…Linda Smith questioned Councilmember Tam if he is in favor of the Conditional Use Permit Minor for IRH, but got no response…”

 

  • Page 6, Pacific Heights Coalition adds “…3. Hidano reminded Holm-Kennedy of her reasons for abstaining who acknowledged it…”

  • Page 6, Paragraph 3 “…delete unanimously…”

 

  • Citizens’ Concerns add IRH “…Hidano asked the timeline for submission of the application to DPP and the consultant explained…”  “…A member of the audience said it was moot…”  “…Holm-Kennedy asked that this matter (Pacific Heights/IRH) be placed on the June agenda…”

 

Awakuni moved, seconded by Godfrey to accept the Regular Meeting Minutes of May 18, 2004 as amended.  The motion carried 11-0-4, with Carreira, Asahina, Nerney, and Bannan abstaining.

 

AD HOC COMMITTEE MEETING OF MARCH 30, 2004 – Awakuni moved, Godfrey seconded to accept the Ad Hoc Committee Meeting minutes of March 30, 2004 as circulated.  Discussion followed.  The motion carried 11-0-4, with Luria, Kurashige, Carreira, and Asahina abstaining.

 

ELECTED OFFICIALS:

 

GOVERNOR’S REPRESENTATIVE – Rick Bissen, Jr. distributed Governor Lingle’s weekly report and highlighted/added the following: 

 

Follow up:  1) Regarding a concern last month of falling boulders at the end of Booth Road, contact Daniel at the Department of Land and Natural Resources at 586-3837 or Didi Mamiya at 587-0433.  2) Contact Alvin Takeshita at 692-7670 regarding the traffic signal at Nu’uanu Avenue and Beretania Street or Ty Fukumitsu (City Department of Transportation Services) at 523-4589.  3) According to Alvin Takeshita, the maintenance of traffic signals on Pali Highway is contracted to the City.  4) The State is responsible for repairing the traffic signals at Laimi Street and Pali Highway.  5) Regarding pig hunting in Pauoa Valley, it comes under the Ala Wai Watershed Project and was permitted by the Department of Land and Natural Resources DLNR).  With reference to a homeowner’s dog being attacked, it was probably a poacher’s dog that made the attack.  DLNR requires pig hunters to take a four-hour course and there are multiple agreements that must be met.

 

Questions, answers and comments:  Ogawa reiterated that the concern of drivers illegally turning right on a red light at the intersection of Pauoa Road, Lusitana Street and Kanealii Avenue

 

MAYOR’S REPRESENTATIVE – Magaldi distributed Brunch on the Beach fliers.  All other reports were deferred.

 

COUNCILMEMBER ROD TAM – Shawn Hamamoto distributed Councilmember Tam’s monthly report and was available for questions.

 

SENATOR SUZANNE CHUN OAKLAND – A representative was not present; however, the monthly report was circulated for interested persons to review.

 

SENATOR CAROL FUKUNAGA – A representative was not present.

 

REPRESENTATIVE SYLVIA LUKE – A representative was not present; however, her monthly written report was distributed.

 

REPRESENTATIVE CORINNE CHING – A representative was not present.

 

CHAIR’S ANNOUNCEMENTS:

 

  1. The next Board meeting will be on Tuesday, July 20, 2004, Booth District Park at 7:15 p.m.

 

  1. All Board future correspondence will be written by the Board’s secretary and put on Board letterhead.

 

3.   No response has been received from the City’s Corporation Counsel regarding the letter sent by Luria awaiting their opinion regarding members abstaining. In response to Hidano’s questions, there is no required time frame for an answer from Corporation Counsel.

 

4.   Spencer requested that following items be placed on the July agenda under Unfinished business: a) T- Mobile and b) the Pacific Heights Coalition.

 

ADJOURNMENT – Awakuni moved Nerney seconded to adjourn the meeting.  Chair Magaldi adjourned the meeting at 9:23 p.m.

 

Submitted by,

 

Nola Frank

Neighborhood Assistant

 

Thursday, July 15, 2004

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