CALL TO ORDER: Vice Chair Prentiss called the meeting to order at ; a quorum was present.
MEMBERS PRESENT: Kalana Best, Richard Bratt, Michele Brooks, John Brown, Jon Chinen, Jim Corcoran, Michael Correa, Susan Dowsett, Debbi Glanstein, Joseph Harding, Knud Lindgard, Christian Porter, Chuck Prentiss, Claudine Tomasa, Linda Ure and Donna Wong.
MEMBERS ABSENT:Kathy Bryant-Hunter, Ron Weinberg.
GUESTS:Jackie Graessle, Lt. Dave Eber (Honolulu Police Department), Representative Cynthia Thielen, Joe and Sarah Gilman, Senator Jill Tokuda, Representative Pono Chong, E. Perura, Terry Johnsen, Maile Meyer, Mihana Souza, Luana Brown, Ron Dennis, Pat Gardner, Steve Leder, Howard Wells, Lynn Wells, Kahu Ricky Bermudez, Suzanne Jacks, S. Bixler, Jonathan and Rachael Boxold, M. Suiter, K. Moriguchi, Stann and Jean Reiziss, Lisa Medina, Ron Keinitz, George Smith, Kenneth Mersbergh, Pia Sektnan, Jim and Rose Miltier, Robert and Tatiana Welch, Helen Walter, Patrick and Denise Lindo, Randall Freitas, Rene Pagawan, Sylvia M., Nancy and Don Shannan, Judy Syrop, Devin Butterbaugh, Luci Pfaltzgraff, Mary Lerps, Mottie Foti, Glenn Uyeshiro, Brian Canevari, Mark Nierode, Barbara De Lari, Jan Reicheldefer, Jennifer Popp, Scott DeMello, John and Kathy Cavaco, Lisa De Ponte, Judith Wilhoite, Glenn Pestana, Denise Chillingworth, Capt. Harold Ogata (Honolulu Fire Department), Paulo de Azevedo, Ben Wilke, Peter Dyer, Alan Murakami, Charles Keiling, Leona Pereza, Margie Grosswendt, Paul Haring, Norman Aweau, Mary Beddow, Larry Bartley, James Severson, Sara Way, Ken Adams, Shelley Wilson, Vicky Keanaaina, Maiya Von Geldern, Marilyn Gilbert, Rich Figel, Tim Strickland and Maj. Chris Perrine (Marine Corp Base Hawaii), Ron Kienitz, Maryjoe Murrow, Rachel Glanstein and Marie Richardson (Neighborhood Commission Office staff) and individuals that did not choose to sign in.
APPROVAL OF MINUTES:
Regular Meeting August 2, 2007 – Hearing no objections, the minutes of August 2, 2007 were approved.
Regular Meeting September 6, 2007 – The September’s meeting minutes were.
·Page 7, under the discussion of L’Orange Street, third paragraph under item 2, third sentence delete formerly, insert formally.
NOTICE OF BOARD VACANCY AND ELECTION: For Sub District 1, Lanikai, Kalaheo, Kaimalino area was opened for nominations.
Prentiss nominated Virginia Enos. Hearing no other nominations the nominations were closed,
Prentiss stated that Gini Enos had a prior commitment and had sent a letter explaining her interest in filling the vacancy.
Enos was elected by verbal acclamation. A roll call vote was requested.Enos: 16. Aye:Best, Brooks, Bratt, Brown, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure and Wong.
Without objection the agenda was taken out of order to AGENCY REPORTS.
Honolulu Fire Department (HFD) – Capt. Harold Ogata reported the statistics for September 2007:
·11 fires and 86 emergencies as reported from the Kailua and Aikahi fire stations (1 structure, 4 brush, 2 rubbish, 4 vehicle; and 86 emergencies – 71 medical, 7 search/rescue and 8 miscellaneous; no major or unusual incidents were reported).
·Fire Safety Tip:When selecting Halloween costumes, ensure they are flame-resistant, made of lightweight fabric, brightly colored, and clearly visible to motorists. Decorate costumes and bag with reflective tape. Keep the length of the costumes short to prevent tripping. A natural mask of cosmetics is better than a mask that may restrict breathing or obscure vision. Children should carry flashlights to light their way.
·Honolulu Fire Department would like to remind the community that the HFD provides assistance to the Honolulu Emergency Services Department (HESD) by responding cooperatively when the need for emergency care arises. Due to HFD’s 42 fire stations and the HESD’s ambulance units, we are able to provide quality patient care and protect the citizens of the City and County of Honolulu.
No questions followed.
Honolulu Police Department (HPD) – Lt. Dave Eber (District 4, Watch Commander, Third Watch) reported that the monthly statistics normally given were not available due to computer problems. The statistics distribute tonight he worked on earlier in the week and several comments that were made.
·Last week there was a meeting at St. John’sLutheranChurch on Kailua Road about the gates that have gone up on some of the roads along Kalaheo Avenue. A few people made comments that the reason why the gates went up was because crime in Kailua was rampant. The statistics he brought tonight showed a comparison between District 4, Windward Oahu to other districts on the island. The Windward side of Oahu is in the middle or toward the end with lesser crimes both violent and property type crimes. When comparing the City & County of Honolulu in total and nineteen other major cities the City & County of Honolulu ranks the 20th City in violent crime and 16th of 20 in property crime; and windward side of Oahu is one of the safer areas.
Questions, comments and concerns followed:
1.A question raised regarded what areas does District 4 encompasses. Lt. Eber replied from Waimanalo to Kahuku.
2.Lindgard said several years ago he tried to find out whether there were sufficient police officers. Since then Kailua town and the traffic has grown immensely and there had been two vacancies. He asked if those vacancies had been filled or were there still vacancies. Lt. Eber replied there are still vacancies.
3.A resident referred to a prior report regarding trespassing violations and was shocked to hear how a teacher explained she took her class on a road that had a sign “no trespassing.” He questioned if a person enters a property where signs warning against trespassing meaning you are entering someone else’s land unlawfully without permission, what is the law. Lt. Eber replied if you enter someone’s private property where signs are posted “no trespassing,” that person would be trespassing unless they have permission from the land owner; it is against the law.
Marine Corps Base Hawaii (MCBH) – Lt. Strickle, 76n, Public Affairs, Marine Corp Base Hawaii reported next weekend is the Blues on the Bay Air Show hosting the Blue Angels, Navy Leapfrogs, Army Golden Nights, a number of civilian performers and the two top female Angles will be in Hawaii next week; they will be arriving on Monday, October 8; and practice flights will begin Wednesday, October 10. Blues on the Bay will be next week Saturday and Sunday, October 13 and 14.
Vice Chair Prentiss continued that everyone may expect an increase in noise starting next Wednesday over Kailua during practice flights.
Board of Water Supply (BWS) – A representative was not present. A report, emailed to all board members is included in the minutes.
·One water main break on September 17th at 575 Keolu Drive of a 12-inch cast iron main.General Water Announcements: October is “Make a Difference Month,” and the BWS would like to encourage everyone to “make a difference” by helping to preserve and protect our precious water resource. There are very simple ways you can do this: 1) Don’t let the faucet run and run; 2) Take shorter showers; 3) Put a nozzle on your garden hose; 4) Install water-efficient plumbing fixtures; 5) Water your lawns just 2-3 times a week and don’t water between 9 a.m. to 5 p.m.; 6) grow plants that match your home’s climate conditions. For recommendations, check out the Oahu Planting Guide on www.boardofwatersupply.com; 7) check for leaks in plumbing and toilets.
·News Reporting: a man was recently sentenced to five years in prison for stealing copper from a BWS facility. BWS was able to prosecute this thief, thanks to the help of a surrounding resident who witnessed the thief in action and called 911. If you see suspicious activity – illegal dumping, vandalism, theft, etc., please contact 911 immediately and report that activity to police. These criminal acts not only impact BWS facilities, but cost ratepayers additional money.
There were no other AGENCY REPORTS.
Without objection the agenda was taken out of order for Sustainability Committee motions under BOARD ACTIONS regarding beach access. The floor was turned over to Chris Porter, Committee Chair to introduce the motions.
Sustainability Committee – Chair Chris Porter recapped the September 11 Sustainability Committee meeting and that 28 community members attended focusing on L’Orange Place. Porter noted that the committee listened to the community concerns and a comment was made whether this was an “anti L’Orange Place forum”. Porter indicated that the committee was not focused for or against L’Orange but focused on the issue of public access; allowing access from the mauka side of the properties to the ocean. Community concerns were: not having access, and having adequate access, including, but not limited to private right-of-ways and public accesses.Some factors and concerns had to do with public accesses and a consensus that they were not well marked, dark, smelled foul, were scary, not maintained, no place to park and not accessible in terms of ADA (Americans Disabilities Act).The questions continued: why is the public not using the public access to the needs for accesses like L’Orange and what can the Board and the public do to get access. The residents were asked how long they had been using L’Orange. One resident said she has been using the access for the past 49 years and has never had a problem until the recent gate. Parking remains a problem when trying to get to the access via the public accesses. Specifically the concern with situations like L’Orange Place residents said from what they could determine it was a privately owned road by the L’Orange Place Community Association. Councilmember Marshall’s office had looked into that already and nothing could change that. The Board is being offered motions that address the public being informed in the future if a gate would be placed to deny access to the public and how the Board can inform the public.
Porter introduced the first motion: The Kailua Neighborhood Board requests that the Department of Planning and Permitting (“DPP”) advise the Kailua Neighborhood Board of future permits requesting to gate any beach access prior to DPP’s approval of any such permits. Porter reiterated that it is to again provide notice to the KNB and at the same time inform the community of any future gating of accesses. Porter, in support, thinks the gating of L’Orange came as a shock to the community and the public has a right to know and the issue is a big public concern.
Glanstein raised a point of parliamentary procedure to the Chair of the Sustainability Committee, that looking at the agenda for the August and September meeting, she did not see on the agenda a question of the gate or L’Orange Place. She asked an explanation of why it hasn’t been properly noticed as a requirement of the Sunshine Law. Porter repeated Glanstein’s question of why was it not properly noticed and proceeded to explain that the agenda for the last meeting had already been published and Chair Bryant-Hunter had asked the Sustainability Committee to deal with it. Members of the public were present there and he felt it was something of concern and did not want the 28 people that showed to speak to the issue an opportunity to be heard. The Committee, therefore, offers a couple of motions, subject to Board approval. Glanstein reference Chapter 92-7 of the Hawaii Revised Statues regarding proper notice; she recognized the sympathy and the concerns but it is something that the Board needs to be very, very careful about.
Vice Chair Prentiss cautioned that when there are large numbers of speakers there is a time limit of two minutes. Figel assured his presentation was in lieu of five or six people talking from his group and it would only take five minutes. Vice Chair Prentiss allowed Figel a five minute presentation.
Public Speaking to the Motion:
Rich Figel (Beach Access Hawaii, BAH) – presented a five minute power point presentation regarding Kailua beach accesses. Anyone wishing to get on their mail list should log onto: www.beachaccesshawaii.org to receive information about beach access issue looking not just in Kailua but the larger issue throughout the State. Figel maintains the email list although he is not the spokesperson for the group. Over the years Kailua has changed with an increase in people, traffic, and new home buyers. Since the gate went up at L’Orange Figel came to realize that all these things are happening. It’s not that big a deal for him to go to a beach access because it’s not that far; but an issue if you’re on the mauka side of Kalaheo you’re walking on a narrow walkway with bikes, and other pedestrians, and parents with little kids, the issue becomes not much space.On the ocean side of Kalaheo, the walkway is better. Upon examination, Figel was surprised to encountering all these gates off Kaleheo. The first gate that went up was Kainui Drive in 1968 at Dune Circle. And, as some private roads appear to be somehow public roads with paved streets, sidewalks, street lights, and public services, such as the one on Kailuana Loop that costs close to $90,000 of taxpayer money; and in the middle of Kailuana Loop (which is a public street), an 8-feet high gate that is intimidating with its spiked tops.Another issue is whether or not the “private” roads are truly private. BAH contacted Councilmember Marshall’s office, the neighborhood board, and have not gotten firm answers and have, been told to look at tax maps, so the question still exists. Also, some property owners say they were given deeds. Councilmember Marshall’s office did show themthe public accesses map and those were considered the legal public accesses although they are not evenly distances every quarter mile, some being a half mile apart and others only streets apart.There are 17 gates that exist.Figel’s power point presentation demonstrated “No Trespassing” signs, “Private Property” signs and gates with “spikes” across the top.
Vice Chair Prentiss asked Figel to wrap up his presentation and the audience objected.
Vice Chair Prentiss asked if Figel was in favor of the motion. Figel stated he was and continued that some accesses were camouflaged; renamed or open access next to vacant lots.
Corcoran raised a point of procedure as to guidelines for testifiers specify addressing the Board or the Chair rather than the audience.
VC Prentiss requested all speakers to address the chair.
Vice Chair Prentiss called the remaining individuals who signed up to speak on the issue and requested the audience to refrain from clapping and to remain respectful of the speaker who has the floor.
Vice Chair Prentiss announced that KailuaIntermediateSchool was getting ready to lock their gate and a car (Honda Accord) needs to be moved.
Public Speaking to the Motion continued:
Maile Meyers – representing members of the Aluli, Souza and Meyer Ohana, spoke in the name of kuleana – (all of which have at one time and most of the family still call Kailua their home) and have lived on or close to the ocean for over 50 years. And as native Hawaiians and their ancestors before them, since first coming to these shores a thousand years ago, have sustained themselves by living near the ocean; and access never was an issue.Taking care of the kai (ocean) was. Because they are a large family, many of them have different opinions about accesses to the ocean. And so often people using these accesses do so with no consideration for others – trashing, ignoring and abusing the privilege; and at the same time, giving hostile looks, offensive signs and locked gates can not be the solution. Is it possible to have faith in humanity? Another belief and place to focus is the Hawaiian word kuleana – personal responsibility. When talking on all sides of the issue, all parties must be considered – but most of all our lands and our ocean are the most connected places on earth; and being able to model right behavior, education, respect and sharing our lands and ocean instead of desecrating it. We need to stop the escalation of retaliation and reintroduce kindness and care of place and people. Kailua, Hawaii and the world is changing; can we not refocus, re-center and reinvigorate; and personal responsibility can transform our community and the change can be where continuity of kuleana is internalized and reflected on how we care for our mother, land and ocean. And finally – if we can just forgive and start again!
A resident – agreed that kuleana is very important. Growing up in Kailua he finds it to be a very beautiful community and family place; and from traveling the world, Brazil, Spain, etc., Kailua is still the most beautiful place he’s ever seen and truly appreciates and respects the land and the people. And that as a responsibility, everyone should try to respect the whole idea of working together and trying to find resolutions to the problem; and he will do his part in the community to stop the graffiti, stop the littering, etc.
Ben Wilke – resident of Kainui Drive has a young five year old son. These events, an understatement to say are an inconvenience. A walk down Kalaheo is frankly dangerous. There is no crosswalk between Mokapu Drive and Kai Nui for over a half mile. No one who lives in that area of Coconut Groove can cross safely to even get to the beach. Any street that has public services; lights, postal, trash collection, should have a right-of-way; and should really be that simple. He would like to bring his 80 year old mother here for walks and he’d like to take her to the beach and have that access as well.
Pete Dyer – lived in Kailua for 50 years (although he no longer resides here). He wanted to let everyone know that there really is no hope and that it’s a real misconception of being solely a private road. That Committee Chair Porter’s comment illustrates a misunderstanding about what the rules are regarding private access to roadway easements. Twenty years ago, the Kuulei Community Association faced this same problem. They fought and engaged a retired state judge and researched the law and found three cases that the Hawaii Supreme Court applied exactly to this dilemma. He read a quote where the City, being the plaintiff, basically indicated that roadway easements should the roadway lots be connecting to and giving access to a public highway to all interior lots there is an immediate dedication of easement, open roadway to the use of the lessees, the sub-lessees and the public. In the absences of evidence to the contrary, the value of land encumbered, the road easements is nominal and that can mean about $1. Dyer checked the tax map for this particular lot and the roadway easement (which by the way) from Kalaheo to the very tip, ocean side of the last lot of L’Orange Place,and found that there’s 24,200 square feet of untaxed land. In other words the City is saying that this is a roadway because the only things that are not taxed are roadways. So the City, by its actions already accepted the fact that this is a roadway; so they fought and got the Councilmember involved and got what is called condemnation.
Vice Chair Prentiss noted receiving that information by email and asked that the citations be forwarded to Mr. Porter for review before his next committee meeting; Dyer acknowledged the request.
Vice Chair Prentiss reminded the audience to be respectful of the speakers before the Board.
Charles Keiling – after hearing all the complaints, he asked himself what would Moses do – “eminent domain”. The problem is the people here are very selfish in trying to take L’Orange that is a few hundred feet from a public beach; and a half mile between the two public beach paths, there happens to be a public street at end of a private lot gated beach path. On each side fronting the ocean are two other lots valued at $7.2 million. If you want to do something – seize it as eminent domain.
Alan Murakami – Maunawili resident and frequents KailuaBeachPark every weekend. He was asked by people in his office who use the beach and their sentiments are similar to those shared tonight. There are a lot of concerns about the loss of access. Some of the work he deals with concern public access, particularly with traditional burial access. There is a body of law that still exists and has been modified somewhat by statutes that is encouraging access to ocean areas. The statutes basically encourage access and prevent private landowners from opening their properties on the ocean from being subject to descriptive easements across their property by simply volunteering spaces for people to crossover. But that law was passed in recent years (70’s or 80’s), and is not able to substitute for prior law and what rights were accrued to the public even before the passage of the Act that governs legal pardons of prescriptive easements and much like adverse possession of land that’s been used for generations to steal land from the Hawaiians. But what it is the continuous hostile, open use property to access an area such as an open beach can mature into a prescriptive easement. And from what he’s been hearing tonight there maybe some bases for asserting that claim and worth it for a committee to search it out or for this Board to ask Corporation Counsel for an opinion whether such right still exist in light of the recently passed statue. The thing he wanted to share with the Board is that condemnation of easement does suggest that some of the facts are true that the condemnation be nominal and therefore affordable, But, if there is a condemnation by the City, for example, and it is for the dedication for a public access (as with any condemnation) the transfer of that easement is immediate and may only take an argument of value which might take years. But the actual transfer of the right to cross in the effective condemnation is immediate.
Leona Peresa – speaking in opposition to all gates which bar access to public beaches. Her feeling is that the gated access represents a symptom of a larger a problem; and that larger problem is that is that it is a disenfranchise of all of us from getting to public beaches. That being said, she is opposed to Motion 1 and in support of Motion 2. And from what she has heard, there are irresponsible government decisions being made. Folks are drawn here this evening to try and correct something that has taken place over many of years. She would like to see all the gates come down.She would like to challenge the public to be responsible and take part in maintaining the public access ways to the public beaches. And in exchange – return them back to the public so as not to feel disenfranchised from the public beaches.
Margie Grosswendt – resident of Kailua for 30 years stated that publicly traded companies, developers and hotels are diminishing shoreline access on Maui and the BigIsland since the 1980 and that has accelerated in the 1990’s. Locals have seen some of their favorite beaches altered and lessened in the name of development. We have to learn from that example and work to keep Kailua beach accesses open for pedestrian use as has been the custom for the past 40 to 50 years. Walking to Kailua beach is a tradition and a way of life for many and will not take the lessening and diminishment lightly from one to one private access if closed, others will follow. Kailua used to be (and she believes to still be) a very different place; unlike communities such as Malibu and Laguna Beach, beach communities in California where gates, walls and accesses are only for the elite few. Kailua is different as we’ve come from the Hawaiian tradition of open beaches, access for all and yes, aloha spirit. This is a time when the public is being encouraged to go “green”, drive less, get the cars off the road and walk more. Taking away the public’s beach access is taking away our resource and goes against the heightened environmental awareness we are encouraged practice. Gating and closing off the beach accesses has been the very root of what has made Kailua very special and propose working as a community, at a grass roots level on this issue; and sit down with the neighbors on L’Orange and come to what is pono, and what is right for both sides.
Paul Haring – supports the two motions on behalf of the community that seeks public access to Kailua beach. Some 20 years ago, he’s served as an elected officer to the Kuulei Community Association, where he and his family have resided since 1968. During his tenure as an officer on the community association, the issue of public access to Kailua beach became a major concern. The new owner’s of the residential lots abutting the beach access parcel, closed off the primary access. This unfortunate situation occurred when Kaneohe Ranch made available for purchase to its Kalaheo Beachside residents, a lease fee interest in their residential properties, as well as to their abutting beach access parcels. Kaneohe Ranch created this beach access parcels, in the original subdivision was Kailua landowners for residential development purposes. The beach access parcels were located approximately 150 yards apart and were intended to provide beach accesses for the public and most people purchasing lots not directly on the beach and on the mauka side of Kalaheo Avenue. Beach side residents he’s seen do not pay to have dedicated beach accesses. At the time the creation of beach access parcels it seemed that Kaneohe Ranch and its leased owned landowner’s. As a desirable marketing and amenity feature for those purchasing non-beach size lots, the City and County of Honolulu, as a condition of zoning granted zoning changes and also may have mandated the beach accesses. Regardless, adequately located a sufficient number of beach accesses to KailuaBeach and all statewide beaches are still essential to the health and wellbeing on Hawaii residents. The beaches of Hawaii are state assets and are enjoyed and utilized in a responsible manner by all of its visitors; and are not assets to the privileged few. So as previously stated, the Kuulei Community Association, formed a special committee to deal with this and were successful in securing the accesses of KailuaBeach. There were four steps the community association had to take into account to accomplish their goal and hopes that the Kailua community can protect its public accesses to the public beach:1) organize your community residents to petition this board and government officials for support and by all legal means additional public access to all Kailua Beach; 2) solicit and gain Councilmember Barbara Marshall’s strong support for your cause; and request she spearhead City Council action to request support and fund funds for the condemnation of secured perpetual easements for existing roadways and parcels to public beach accesses. Your Council member support and ability to rally others may work toward the success of the cause. The Council as a whole will have to approve any budgeted funds and legal action necessary. 3) Submit sign petitions from your fellow residents and community associations; lobbying for the support of the cause and convincing not only the Kailua residents but to all the residents of Hawaii as well. The Mayor’s office prepares the City and County budget which needs to have funds designated to purchase the necessary parcels; the Mayor’s legal offices also initiates any legal action necessary to acquire the parcels; and 4) to prepare for many hours of testimony.
VC Prentiss noted that Mr. Haring is a former member of the Board and appreciated his comments and would also appreciate if time permits for Mr. Haring to attend the Sustainability Committee meeting as well.
Norman Aweau – resident, has a problem on Kaapuni Drive, opposite of St. Anthony’s which at one time was blocked, indicating it as a private road. There is a public access and today it still has a sign. Aweau said when driving down the road there are about 20 signs that says, “No parking or your car will be towed.” If the garbage truck can go down that road to pickup the rubbish, his license plate tells him he can go on that road and able to park there. And if Kaapuni Drive is a private road, then they will have to bring their rubbish out to Kalaheo Avenue.
Mary Beddow – resident since 1958 and grew up on KailuaBeach. She feels a lot of the beach closures seem to revolve around crime or trying to prevent crime and unfortunately we are living in a time when crime is all around. According to HPD, the homes on the beach probably have more issues and break-ins then the one located behind them on the beach side streets. There are no statistics to prove that having streets with a locked beach gate have lesser crime then those that are opened. If you regularly walk down a street or path, you’re probably aware of what’s going on around you and should you see something that looks questionable, you are likely to say something to someone or call the police; that is what you would call an extended neighborhood watch - neighbor watching out for neighbor. The perfect crime scene is where no one is around that could possibly see there is no perpetrator. Anyone having a problem with locked beach gates -- if it could as least be opened during the day and locked or closed at night.
Pia Sektnan – agreed with many points previously stated. the main concern is the safety issue. 1) The one side heard was about a mom and kids trying to walk safely down Kalaheo Avenue half a mile away to the next beach access. There’s just no way because it’s dangerous and the feeling at this point is it may fall back on the City and someone may be sued. 2) The side Sektnan has not heard talked about what if an emergency should arise at the beach or in the ocean and medical assistance becomes necessary and whether Emergency Medical Service are able respond quickly; which would be crucial in a life or death situation. 3) Also, she questions the claim of more burglaries and thefts and tried to get that information herself and was hoping someone had access to that information. She was also disappointed that this has become an issue and needs strong communities to deal with real problems; and closing down beach access lanes in not the answer and a lot of animosity is being created.
Maya Von Geldern – whose family has been in Lanikai/Kailua since the 1930’s; what’s most important to her is when she looks around there are friends she played soccer with as a child, kids she went to school grade with, and kids she coached paddling. But what’s amazing is that they were raised here and have remained here to raise their families, but more importantly have still remained a community with children trying to get to the beach and can’t; and the fear of the elderly and young children walking safely along Kalaheo Avenue, dodging cars going by too fast. And one of the most important things is to accept that we are respectful of the concerns of the neighbors who are having problems with having access nearby their homes. And not wanting to see anymore lands seized for parking lots in Kailua to provide access to the beach; she wants to see gates opened, want to see people walk three blocks to the beach and she wants to see Kailua stay Kailua.
Ron Kienitz – lives on one of the lanes. He said biblically he thinks that people should be put in each others shoes for a better way to deal with things. He thinks that’s being forgotten and it does not make any sense. Whether you park on the street where there’s no parking. How long do you think it’ll be before you get cited and or towed?
Vice Chair Prentiss asked the speaker to address the Board and reminded the public to remain respectful of the speaker’s point of view.
Kientz continued saying he’s always supported beach access to the public and has placed a poplar log in front of his house and maintained it so people could have a comfortable place to sit. People have tried to drag it away and he’s drag it back because he enjoyed people having a comfortable place to sit. He also noted that there is a public access 180 feet away and yet people come down through the area literally swearing at them if the gate is not open or if someone should suggest they should not be going through there. There are people that camp out, leave toilet paper and fecal material, and people stealing things from his and his neighbor’s yard. But he wanted to say there is one neighborhood board that has actually been complicit and successful with blocking public access to the public, the use of the Haiku Stairs. The public has been barred from crossing lands owned by the people; now we’re talking Hawaiian Homelands. Anyway, there needs to be a solution that includes everyone. He even noticed last night that his “Hobbie Cat” was missing from his yard when his son went out to use it.
Stann Reiziss – spoke against motion first just because there is the implication of it says that the Board is agreeing with the gates and all we want to know is that closing gates off is okay; and it’s not okay. Just the same as if someone would say they’re going to cut your finger off and then they come and cut your finger off just because they told you. Or because the department determining and notifying the KNB that they want to give a permit that they want to close off the road with a gate is just not acceptable and he is speaking against that resolution. This is an island and you can’t cut off the arteries leading to the ocean; that would be like living in Guantanamo; and he would like to access the beach from anywhere. The fair alternative here is to ask the people to leave them open during daylight hours and close them at night and have all the protection they want and that way it’ll address any safety issues and the safety concerns that the people on the streets have; but also having a private street like L’Orange not pay taxes for garbage pick up on a private driveway.
Vice Chair Prentiss stated the intent of this motion is to find about gates before they go up and not after they’re up; so the community is not surprised by a gate and has the opportunity to comment and able to do something constructive.
Maryjo Murrow – who lives across the street spoke of security and that it used to be, several years ago, that her house used to get ripped off every Friday, like clockwork. The reason was there was no security at KIS; she knows the people that live across the street knows what she’s talking about. As far as parking, the Kuulei Tract and Kuupua areas get all the parking for all the football and soccer games so she would like the person in the gated community to know we are all being vandalized and suffering the same but we have to realize that we are in Kailua and want to share our beautiful beach.
Wayne Fernandez – born and raised in Kailua, a 49 year resident and a first responder for the last 18 years had a call one night on the same beach outside Hans L’Orange, of a fisherman who was deceased on the beach. That one right-of-way is the way both the HFD and EMS could get to him and bring him out. If you have gates and close all the rights-of-way, the first responders will have to access from long areas and walk the beaches to get to the person. The problem is trying to carry a person that additional distance. That day it was very difficult. When you close the gates, it keeps first responders out, if you gate up the schools, it keeps the first responders and can turn into a tough situation.
Vice Chair Prentiss reminded the Board and the audience that this Board is on record supporting beach access in general.Vice Chair Prentiss opened Comments to the Board members
Kalana Best – spoke in favor of this motion because this is one of the things KNB can do as an advisory board. What this Board does is communicate the needs of the community as best it can to government officials and departments. What the Sustainability Committee does with this motion is recommend to the Department of Planning and Permitting (DPP) to look at these permits in advance. When people ask why the Board does this or that, the Board is acting within the scope of its responsibilities to the community.
Linda Ure – would ask the word “private” put between “gate any private access”; then DPP might then have some responsibility to determine whether or not this beach is private or public. She asked if the maker of the motion was opened to the amendment; Committee Chair Porter said his only problem was that that the intent was only to put the people on notice that there’s going to be a gate going up. And he feels once you start being specific about words such as “private or semi-private” then you’re going to get some kind of clause that says it does not apply. So, he was not open to the amendment.
Susan Dowsett – supports the motion, as drafted, and explained that all the Sustainability committee is doing is ensuring that the Board gets notification before the gates go up. And it is the public and the Board who need to know so the Board can work together with the community to address the issue before the gates have already gone up.
Donna Wong – said its puzzling why after 23 years the people living at L’Orange decided to put up gate. And being on the Board for a longtime, the chair of the Planning and Zoning Committee, she knows the development plan and is aware of the various issues. This is the tip of the iceberg of a bigger problem, looking at closing Kailua Beach Park at night, did that have an effect on moving people further down the beach, there’s a proliferation of illegal bed and breakfast and transient vacation rentals that brought more people into the residential communities and so you no longer know the people walking down your street; so she supports the motion and keeping all the accesses open but thinks this Board and community has to look at what’s causing all this action.
By a roll call of votes, the motion carried by unanimous consent, 16-0-0. Aye: Best, Brooks, Bratt, Brown, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure and Wong.
Vice Chair Prentiss stated testimony already heard may also apply the next motion.
Committee Chair Porter introduced the motion: The Kailua Neighborhood Board requests the City and County of Honolulu to survey the Kailua public beach rights-of-way in order to permanently establish access and safety for the public. Committee Chair Porter expressed the comments received in the Sustainable Committee meeting he went over some of the factors that are pushing the people away from the public rights of ways. Because of the effort of the community coming out and actually sitting down and talking to the committee that somebody suggested the City surveying these rights- of- way and find out if they are ADA compliant. From the Sustainability Committee stand point, if there’s something they can do to help (in terms of bringing recommendations back to the Board), he’d be more than willing to take a look, with those who are interested; so please come to the Sustainability Committee meeting next Tuesday, October 9, at 7 p.m. Tiny Tots Room. The Sustainability Committee meetings are held the first Tuesday of each month at in the Tiny Tots Room.
Corcoran added for general audience that the KNB regular board meeting is held the first Thursday of each month at in this room.
Without further discussion a roll call vote, the motion was adopted, 16-0-0. Aye: Best, Brooks, Bratt, Brown, Chinen, Corcoran, Correa, Dowsett, Glanstein, Harding, Lindgard, Porter, Prentiss, Tomasa, Ure and Wong.
Vice Chair Prentiss asked that the committee especially look at some of the access points that are greater than a quarter mile apart as that is a concern in some of the testimony heard tonight; and to look at the matter of Corporation Counsel’s involvement in identifying which of these are public or private, with consideration that garbage is collected, mail is delivered and streets are maintained, for a better solution from Corporation Counsel.
RECESS: the Board took a brief Recess at ; the meeting resumed at with reports from the ELECTED OFFICIALS.
Councilmember Barbara Marshall – Andrew Malahoff was present earlier; the Councilmember’s report was available.
Mayor's Representative – Ann Chung, Director, Office of Economic Development, reported on the concerns from the previous month:
Deterioration of Kailua Boat Ramp – the Department of Parks and Recreation is responsible for the Kailua boat ramp and District 4 is working with MSS on the deteriorating condition.
City Directory on the Web – Not sure which "City's Directory on the web" is being referred to. The main directory of phone numbers is at http://www1.honolulu.gov/csd/publiccom/onecall.htm. Then search for Graffiti or click on the "G" link. If the numbers listed are wrong the correct numbers can be emailed to email@example.com(see top of webpage for page corrections), CSD maintains the Information and Complaints pages. Let us know if she is referring to another webpage.
Drainage Swale at KailuaBeachPark – DPR needs more time to investigate and will respond at the next meeting.
Missing boy staying at the Vacation Rental Unit – Unfortunately, DPP was unable to verify legitimacy of the vacation rental without the tax map key or street address. This information is needed to do an investigation inspection with regard to a specific complaint. Best indicated that the story was reported in the newspaper and that HPD would have that information. She would also like to see the City & County of Honolulu take enforcement pertaining to any illegal vacation rentals.
Waimanalo Gulch EIS – Due to discovery of potentially culturally significant stone uprights, the DraftEnvironmental Impact Statement (DEIS) for Waimanalo Gulch Sanitary Landfill Lateral Expansion has been delayed.We anticipate publication in November 2007.In addition, the Department of Environmental Services has applied for a 24 month extension to accept waste on the currently permitted footprint area. Chung will follow-up on this matter as well.
Sand on Kailua Road– DPR staffs believe the problem is being caused by three elements. 1) The dune created by the naupaka ends before the wall and creates a wind tunnel that funnels sand along the wall to Kailua Road and Mr. Gilman’s driveway. 2) The sand is being constantly churned up by people walking down Kailua Road through the gap between the sand dunes and naupaka. And 3)the vendor contracted by DPR to clean KailuaBeach weekly uses the very same area to get their tractor and dump truck to the beach.
Ponding at Kalapawai Market –To address this problem DPR proposes 1) to push sand to form two or three dunes above the high waterline to deflect the wind upwards.And install irrigation to support the growing of grass and naupaka.The installation of some kind of eco-friendly matting may be used to help stabilize the sand for grass and naupaka to grow.2) Pedestrians walking to the beach will be redirected to other pathways to the beach. Pedestrians with kayaks will be encouraged to access the beach by way of Kaelepulu Stream which is the designate launch area. And 3) DPR proposes to relocate the beach cleaner access to near the LifeguardTower at Kaelepulu Stream. While these proposed actions will inconvenience some park users; reforming the sand dunes, establishing vegetation and reducing sand disturbance appears to be the best long term solution for the blowing sand in this area.
Kailuan Apartments – Because this is a civil dispute, the administration of the City and County of Honolulucannot get involved in this matter.
VC Prentiss asked if there were any reports on Kapaa Quarry Road. Chung had spoken with Chair Bryant-Hunter of some additional assessments and review; and will be on ready for next month’s agenda.
Questions, comments and concerns followed:
Donna Wong – does the Administration have a policy on public beach access. And not whether there is an ordinance or existing law, but whether there is an administrative policy; Chung replied having to get back.
2.Jim Corcoran – would like to know the City & County’s position on the access road for KailuaHigh School, whether the administration is in support of the planned access road or does the administration support the new proposal for Akiohala Street.Chung will have to get back to the Board the City’s position.
3.Stann Reiziss – on Kalaheo Avenue there are hardly any marked pedestrian crosswalks and was informed by a police officer that crossing over Kalaheo Avenue is a violation if there is no a crosswalk; however, pedestrian crossings are few and far and few between. Should that be the case then there should be a crossing in front of every public beach access and rights-of-way; on every street corner on Kalaheo Avenue and all public beach access should have signs.
Governor's Representative –Glenn Wasserman, standing in for Dr. Barrett, distributed the Governor’s Weekly Update and highlighted the responses from the last meeting:
Does the Governor support the intent of HB 1002 (Best) – the anti-speculation bill for residential real estate introduced at this year’s session? If “not” why not? If “yes”, what steps will she take to support it in the future? The policy response was “no”, the Administration does not support tax increases on home buyers. The Department of Taxation and the Hawaiian Housing Finance Development Corporation (HHFDC) testified against this measure in 2007. While the HHFDC welcomes additional revenues, this anti-speculation tax will only be factored into the purchase price of a home, and passed onto the home buyer. This will ultimately increase the price of a home, will assist in price stabilization, and has the opposite intended impact of this legislation. Incidentally, the Department of Taxation estimated this tax increase to provide approximately $1.8 million.
How will the Governor work with the Legislature to oppose fractional home sales in our state (Best) – The Administration has not been approached by the Legislature to work on opposing fractional home sales in Hawaii.
Who is responsible for deteriorating Kailua Boat Ramp (Gilman); it is an accident waiting to happen! The State may be held liable. The response was that the boat ramp belongs to the City and County.
Tomasa requested maps of the cesspools for the apartment complexes – Wasserman reported those maps will be supplied to Tomasa.
Is there a freeze on Department of Health (DOH), Developmental Disabilities Division (DDD)DD/MR services statewide as reported by her neighbor whose adult child receives services (Brooks) – The response is that there is no freeze on service or service hours for DDD program participants. Program participants may request additional services or service hours on the basis of ensuring health and safety. The DDD wants to assure that the appropriate type and the amount of services are based on an individual’s (program supplant or duplicate services provided under other federal, state or county act. The DDD has developed guidelines and a utilization review committee to consistently review requests by participants to increase their services or service hours. The utilization review committee will be comprised of a clinical team that has the experience and expertise to make appropriate and sound decisions.
Where did the sand come from used to restore around the public area – the DOH response was that this was sand initially stockpiled around from Kaelepulu Stream and not freshly dredged. The sand itself was not sampled and no comment to the safety of the sand. The thought is if it is essentially dried and stockpiled, that reduces any potential for contaminants to live in the sand. The sand was not tested but the water was because there was a question on the water quality. There four water safety testing in Kailua at the life guard station, one each day on September 10th, 12th, 13th and 17th; and for all the testing for water quality, all the values taken were well within the normal range. There was one day when water clarity was down; that was due to silt.
Questions, comments and concerns followed:
1.Ure – the testing of the water fronting the life guard stand is her understanding the pH was also down when they tested. Is that where they were replacing the sand at the boat ramp and is there is a comparative whether the sand is clean. Is that being done; Wasserman noted it will be done and hasn’t been done yet.
2.Corcoran – should like to inquire how DAGS (Department of Accounting and General Services) can assume a policy position in opposition to the Governor’s policy wherein she signed off on money to fund the Kailua High School access road; whereas now we know that DAGS in contravention to their boss’s policy that they support the Akiohala approach. Wasserman indicated he would have to defer to the Director of DAGS, who is here to address that question.
3.Wong – now that the hill stabilization is complete, she noticed there is no bike lane, so will DOT be putting in the bike lane. Also, why did DOT put in high curbs in the median which is felt are so dangerous. Wasserman asked that a blue concern form be filled out.
Representative Pono Chong – Representative Chong had nothing new to report, but responded to a concern from the last meeting:
·Fence at Kailua Intermediate – Representative Chong did not have an answer tonight but will get that information to Member Ure for dissemination to the Board.
·Updates on the school renovations: Keolu will be starting; and EnchantedLake is in the final design phase with construction to begin sometime early next year.
·Proceedings will begin for the study of silt buildup at Kaelepulu Pond.
Corcoran asked whether Rep Chong he was in favor of Kalanianaole Highway access to KailuaHigh School or the Akiohala access. Representative Chong replied that last year he and Representative Waters fought very hard to get the $5.1 million for the access road from Kalanianaole Highway. At this point, his thoughts are it is still the ideal solution but it appears that DAGS, along with the DOE have come up with another alternative. Chong has not seen the layout on the details for the new road, but if the study clearly shows it elevates traffic then that’s something that should be looked at; and it’d be interesting also hearing what the Board has to say.
Representative Tommy Waters – Representative Waters reported:
·Bills for the next session – if you have any ideas please let him know. One idea is to get money for both the Kailua Library and Waimanalo Library. He worked hard on getting money from Windward Community College of $40 million; and Kailua High School needs to expand their library, which is not a quarter of this meeting room.
·Contra flow lanes to town – Nuuanu does not want the contra flow which he can understand but perhaps it can be from Wyllie Street into town to help alleviate some of the traffic. He feels the solution is simple – contra flow.
·Public Service Announcement: a) the Legislature passed a bill two years ago dealing with excessive speeding; so if you go 30 mph or excess of 80 mph plus, is now a criminal offense and you’ll lose your license for a long time; so don’t speed, go slow. b) Secondly, there’s a new law relating to drunk driving; so don’t drive drunk, you’ll get hammered.
Questions, comments and concerns followed:
1.Glanstein – understands Representative Waters was in attendance and spoke at the Waimanalo Board meeting on several of the issues, Kailua High School, women’s prison; and reading from the Waters’ portion of the minutes, it says a new Kailua High School is needed, along with a new women’s prison. She questioned if that’s his new position and was he talking about a new KailuaHigh School or one in Waimanalo; and or a new women’s prison along with or along side. Representative Waters said a few years back an idea was proposed by a private developer to give land to the State across the highway in exchange for the Kailua High School; but that would not only be too expensive to do the improvements than it would to rebuild where existing already. His dream however, would be to move the women’s facility out of Kailua and put a new KHS right there on the highway and you’ll not need an access road.
2.Glanstein – submits what is more immediate is that KHS, which is an emergency shelter, be properly fitted. So if it should be needed as an emergency shelter it is appropriate; and Representative Waters can work on appropriations for a supplementary budget. She also noted that a question was asked before about the Board’s position on the Kailua High School Access Road. The Board’s position was articulated to DAGS and the general community on February 15, 2006 and was in full support of the KHS access road from Kalanianaole Highway and that has not changed.
3.Corcoran asked whether Rep Waters’ favors the KHS access road from Kal Highway to the Akiohala Street approach. Waters said it at the Waimanalo Board and will say it again tonight that they’ll be going back to the drawing board; and that he favors a road that runs parallel (not sure what that name is) but it runs on State property, along the other side of the women’s prison. There is a building in the way and need to get rid of the building. The monies appropriated were for a specific purpose and he does not think using the back road (through Akiohala) is really going to alleviate the problem. And as he said at the Waimanalo Board that his feeling was let’s take the $5 million and spend it on our libraries. The Executive branch and the Legislative branch need to work together because if they don’t agree it’s not going to happen; then back to square one where we were 10 years ago. He’s also not sure if Akiohala Road will work either. The feeling is that the designers of the new road, as planned will not alleviate traffic either. So should we really be spending $5 million on this and what if it’s not going to work. Waters has problems with both plans and so he feels let’s put the money into building a library at KHS.
Senator Jill Tokuda – Senator Tokuda reported a disclaimer and apologized with a few typos in her newsletter; and proceeded to highlight on:
·Hawaii 2050 Task Force is coming on Monday, October 15 from at CastleHigh School; or the next closest location is at McKinleyHigh School cafeteria on Saturday, October 6 from to She encouraged everyone interested to attend. If you cannot come but want to participate, download the plan and make your comments. Any comments are appreciated, so your input is very valuable.
·Update for the Ways and Means Committee – toured Windward Oahu, starting at the Women’s Correctional Facility, the Hawaii Youth Correctional Facility and through Kawai Nui Marsh. The committee was astounded with the work that Chuck Burrows and other community groups were doing and the committee was pretty sold on future funding. The committee moved over to the Windward Community Campus to look at some funding issues; and ended their day at the StateHospital. This gave the Ways and Means Committee a good perspective on some of the funding issues on the windward side of the island.
·School Repair and Maintenance – approximately $20.6 million was recently released and will work very hard to make sure all our schools get moved up the priority list.
·Kawai Nui Marsh – is in a bit of a snag but work is continuing with negotiations and pretty close to getting a title transfer. The devil is in the details but she is very positive it’ll be moving forward.
·For those wishing to participate, in back of the Senator’s newsletter was a calendar of upcoming events and activities of the 2007 Children and Youth month.
Questions, comments and concerns followed:
1.Best knows during the last session the legislature started to look at regulating the commercial wedding business and is seeing so many package tours coming to KailuaBeachPark and also to Lanikai. This is a different beach access issue but this still concerns the community because the beaches are being used for profit. What can be anticipated in the next session and how will the legislature be addressing this issue? Tokuda don’t believe introducing bills specifically on that issue but knows that the Water Land Committee did and she will be speaking to Senator Heen, Committee Chair, to see what his position is. He too is concerned about the issue as well and will be taking a closer look. Best asked to keep the Board up the speed on the issue and also to contact for resources.
2.Corcoran thanked the Senator for all her hard work and wanted to particularly praise the Senator for her avid participation in the water issues and workshop this Saturday; very important for an elected representative to be a participant. His asked whether the Senator favored the Kal Highway or Akiohala Street access road. First off, Representatives Chong and Waters did a great job at getting $5.1 million for that road, however, Senator Tokuda noted having a couple of issues. In this day and age and the budget projections that’s golden. She’d be very afraid of what might happen if the funds were tried to be used for purposes other than what it was specifically designated for. A second point she brought up with Director Saito regarding Akiohala Street access was that she did not have much confidence that Waimanalo families’ are going to opt to go down Keolu Drive and back on Keolu Drive and cut up Akiohala to drop their students off versus a one-way down and a quick right like their currently doing. So part of the challenge will ultimately be is how are you going to convince us that Waimanalo families will now take this Akiohala route and utilize that route and not just continue to take the Pohakupu subdivision which would put us in the same problem that we currently have. So there’s a lot more challenge’s to convince her that the Akiohala route is the particular way to go.
3.Glanstein said there’s a public agency bill stuck in Senator Inouye’s Committee having to do with neighborhood boards and fulfilling their function. It has not had a hearing and there were other agency bills as well but the one has gone through HB1512 and is currently in committee and we’re trying to get it out. She would appreciate the Senator reading it and pay some attention to it; and talk more about it later. The Neighborhood Commission has established a Permitted Interaction Group (PIG) on Legislative Affairs will also be addressing this. Senator Tokuda asked the bill number (HB 1512) and will she will have to do some education on that.
There were no other representatives for Representative Cynthia Thielen, Senator Fred Hemmings and U.S. Congresswoman Mazie Hirono.
Kailuan Co-Op Apartments – James Severson introduced Sara Way and Ken Adams, concerned residents of the Kailuan Apartments. To update the Board, Severson reported: a) an engineer will be working on the cesspool closure plan; and will hook up to the cesspool if the land is acquired. b) Will be asking for an extension because of the problems along the roadway has delayed the time schedule. c) Are working on an offer to Kaneohe Ranch to purchase at fair market value for whatever they would sell to people who might want to complete the development along that area.
They think the Kailuan is a grade up and a part of Kailua. It is the very first apartment building built in Kailua that still standing and which they would like to keep very much a part of the community, as well as the eighteen families who reside currently. Severson’s daughter in-law and grandkids live there now and if the land is lost then there will be no place for them. So it is a difficult time and has only until the end of the year. So, they’re hoping that Kaneohe Ranch will accept the offer to purchase the fee. They already have a financial backer in place and are formalizing another offer to the first offer.
Questions, comments and concerns followed:
1.Lindgard asked whether the property has been appraised. Recently, to Severson’s knowledge the land has not been appraised. The land adjacent on both sides is a recorded sale. So, the offer is the same price, more or less and subject to negotiations. Lindgard said either way looking is something called uniform standards and professional best practice that all appraisers have to follow. Once you get a master appraiser to give an evaluation that cannot be contradicted or disputed.
2.Wong noted in Severson’s earlier update where he mentions hooking up to the cesspools that perhaps he might have meant hooking up to the sewer system and she also understands that it’s being pushed back because the City ran into some Hawaiian Telcom wire lines and may have to redo their plans therefore setting the project back to January. Severson replied that their understanding and are in the process of sending a letter to the Environmental Protection Agency (EPA) to request an extension to that deadline; and that the financial backer includes monies to make that hook-up so that their cesspools are in accordance with EPA regulations.
Vice Chair Prentiss reminded the Board members the Board is unable to take a position on a private matter, however, individual testimony may be given at any public hearing on the issue.
Whistle Blower Concerns – Kenny Mersburgh, who worked for the City’s Environmental Services for 21 years, shared concern that in 2001; he and other plaintiffs were backed up against the wall regarding the Aikahi Wastewater Treatment Plant; and is now going through litigation with the City. In April 2006, it was rendered and found in favor of the plaintiffs. And at that time, five of the plaintiffs were retaliated upon. Mersburgh pointed out that the last manager, who appeared before this Board regarding the Kailua Wastewater Facility, is now under investigation. He shared that he and the rest of the plaintiffs, along with their families have been put through such a horrific ordeal during these times. He was hoping to bring this information forward so that something can be done. He added that they’ve gone everywhere and done everything the legal and right way and all they got back was pain and suffering. These types of things should not be allowed in government where they would use their offices to retaliate, fire, belittle and humiliate a person; this is what the last administration has done.
Vice Chair Prentiss what Mersburgh would want of the Board? He replied all that was done wrong be done right. He noted that the City is holding everything in their hands and he fears the retaliation from not only the city, but other co-workers as well.
Wong wanted clarification whether Mersburgh was reporting wrong doing at the treatment plant and that’s why all this came down to whistle blowing; the managers from the last administration are still in existence in the department. Mersburgh replied yes and reiterated that the manager that came to the Board to give testimony about the Kailua Wastewater Treatment Facility is currently under investigation.
Vice Chair Prentiss thanked Mersburgh for coming and referred the issue of Whistle Blowing to the Government and Community Services Committee said the Board will follow up on the issue.
Marilyn Gilbert on Kailua High School, Akiohala Street access proposal, resident of Akiohala Street for 28 years, expressed thanks to the members of the Board who took the time to notify the residents of this street about this proposal affecting the Akiohala Street residents.We did not know what the Board was considering concerning our area.Another member of our community was here earlier but was unable to stay.Gilbert was told by a board member that they need to be actively involved and that is exactly why she is here. Gilbert requested the Board reconsider its support for this project. She stated the Board had taken a vote on something that affects her and she did not appreciate that.She did not appreciate the board turning her street into a major thoroughfare for a high school and not even coming and asking “how do you feel about that?” The street is limited for use as a turn around, mostly by school buses. Making it an access would not alleviate traffic congestion on other accesses.Gilbert assumed the Pohakupu residents are more involved as the highway is posted with signs that say “no right turn between and ” A State Representative stated the Waimanalo students are not going to turn into EnchantedLakes to get to the high school, they will continue on the highway the way they always have. However, the Kailua students and the Enchanted Lake Students will.
Wong stated that it was DAGS and the DOE who wanted the Akiohala access; however, there are currently no funds for the proposal.
Gilbert asked which Board members voted in favor of the proposal last month.
Vice Chair Prentiss explained that due to a procedural issue the motion was not adopted last month, however, it was being presented at this month’s meeting.
Gilbert stated that she will stay at the meeting for that motion this evening.
Kalaheo Bike Path Restoration – Corrine Waterhouse – who has been working on the restoration of Kalaheo bike path reported that the bike path was never completed.She has been in contact with Andrew Malahoff, from Councilmember Marshall’s office, who indicated there never was a path there as evidenced by old photos, but pictures taken earlier today show that there is a path.The hope is to remove an existing asphalt sidewalk and extend the roadway to provide a walking and bicycle path.
Vice Chair Prentiss invited Waterhouse to the Transportation and Public Works Committee meeting On October 18 at Waterhouse will attend that meeting.Wong asked if Kalaheo Avenue was a city or a county roadway.
Affordable Housing – Paul Haring testified concerning the lack of affordable housing for many of our fellow citizens. Speaking with some extensive background and experience on affordable housing as a Project Manager charged with the responsibility for conceiving and developing low cost affordable housing for a major Hawaii landowner, Castle & Cooke Inc., and my personal involvement as a concerned Kailua resident for 39 years, and formally the President of the Kuulei Community Association, and more recently as a former member of the Kailua Neighborhood Board.There is certainly no need to debate on the need for affordable housing in Kailua.There should be no debate on whether or not it can be provided.Kaneohe Ranch, the development arm of Castle Estate, has the financial resources, the development expertise and the moral obligation to provide, at the very least, a reasonable portion of the affordable housing so desperately needed by this community.The moral obligation of Kaneohe Ranch to provide affordable housing is in its mix of development now underway, stems not only from its knowledge and intrinsic concern it should have for those who do not have the financial resources to purchase or rent suitable housing, but also because Kaneohe Ranch and Castle Estate have greatly benefited financially over many years from these very same people who have lived in this community and have supported the many small and mid-sized Kailua businesses who, in turn, pay lease rent to Kaneohe Ranch.It is simply not moral or equitable to disregard the needs of a portion of our community for financial gain.These are young, middle aged and retired people who have contributed greatly as good citizens of this community and help make it the special place that Kailua is today.These people are now desperate to find decent and affordable shelter for themselves and their family as they become displaced by new and expensive housing, which they cannot afford.Many of these people have expended so much of their limited discretionary income over the years to pay rent and to buy groceries and other basic needs from individuals and firms, which in turn pay lease rent to Kaneohe Ranch.In all fairness, what goes into Kaneohe Ranch’s coffers from these lease rents and development rights should also be returned in part to the community.Kaneohe Ranch knows from its extensive recent surveys that Kailua needs and desires affordable housing to be a part of its community master plan.I know from experience that a developer with the resources such as Kaneohe Ranch has can fulfill a measure of this need and desire.Land or affordable housing can be provided at its historic book value, not its current value.Design and construction costs can be provided at cost.Financing can be subsidized or terms modified to meet low-income needs.Purchasers or renters of affordable housing developments can make subject to income limitations and verification.“Buy Back” provision by the developer can be incorporated in the purchase agreement to prevent buyer speculation and profiteering.As the headline on the front page of the October 2, 2007 issue of TheHonolulu advertiser stated, “WE DESERVE TO BE HERE”. I agree with those Kailua people quoted in that newspaper article.Yes, they do deserve to live in Kailua.It is my hope that Kaneohe Ranch will also agree with these people as well as other likeminded and affected residents of Kailua.It makes good moral sense to provide affordable housing in a well-balanced community.It benefits the community and, in turn, it benefits Kaneohe Ranch and Castle Estate both financially and in maintaining an image as a good ethical and morally responsible corporate landowner that I believe it desires to be.
Vice Chair Prentiss referred the issue to both Government and Community Services and Planning and Zoning Committees for further discussion.
Corcoran questioned what the City is doing concerning affordable housing in Kailua.
Wong noted that affordable is only mandated in new development, not when redevelopment is involved. Wong further stated that it is possible for a Board committee inquire with the city concerning their intent for an extension on the EPA requirement deadline for the Kailuan Co-Op Apartments to upgrade its cesspools to the City sewer system.This matter was referred to the Planning and Zoning Committee.
Pre-Application Notice, Conditional Use Permit Major, Adult Residential Care Home (ARCH) II, 96 Kaneohe Bay Drive, Wilson Homecare applicant – Shelley Wilson founder and CEO reported that based on personal experience as a patient and caregiver, there is a need for care homes to meet the needs of an increasing ageing population and the need for different options to address the long term care crisis.In 13 years over 25% of the population of Hawaii will be over 65 years of age—this is currently 19%.Plans are to develop a new type of care home using “a life worth living” model which provides a home that everyone would want to live in, something that is not institutional.In this home there would be gardens, activities, residents would have their own bedroom with a bath.It would not be for only low or only high income residents. The aging crisis is fast approaching and we need to think in creative ways to address this issue because this issue affects every person as they age. A Conditional Use Permit, Major, is required; and work is being done with the Department of Planning and Permitting on this application.The project will be developed to residential zoning requirements, including height limits, setbacks, and will be designed with materials to fit into the character of the neighborhood.
Neighborhood Assistant Richardson left at ; Ure Board Secretary continued with the minutes.
Questions, answers and comments followed:
1.Wong asked the size of the project. The 14,000 sq. ft. home will have 22 bedrooms, 24 bathrooms, and 8-9 covered parking stalls.Therefore, if couples occupy the rooms, there could be 44 residents.
2. Tomasa asked how much will Wilson Care home be charging for their residents.$5-16,000.00 depending on the level of care provided and whether it is a couple or a single resident.ARCHII homes are new to Hawaii and provide services not found in ARCH I homes.
Vice Chair Prentiss stated this is a Pre-Application Presentation and after the Conditional Use Permit is issued the Planning and Zoning Committee will have an opportunity to comment on that CUP and make a recommendation to the Board.It will be back on the Board agenda at that time.Vice Chair Prentiss thanked the presenters and invited them back in the future for that discussion.
Without objection the Agenda was taken out of order to board actions Executive Committee - Re-discuss and decision-making on September 6, 2008 Transportation Committee Motion as a parliamentary error occurred during discussion of this motion.A board member raised a point of order and should have been allowed to complete their comments prior to taking up the “call for the question”. The motion failed. The information could have impacted a board member’s vote, so allowing the board member comments takes precedent over the call for the question and therefore the board will re-discuss the motion.Also, it should be noted that a call for the question requires a second and must be voted on to end debate. The Kailua Neighborhood Board supports the Akiohala Street alternative as the second access to KailuaHigh School provided a parking lot is constructed, and a left turn phase is added to the traffic light at the corner of Keolu Drive and Keolu Drive.
Vice Chair Prentiss relinquished the gavel to Presiding Officer Ure so as to to engage in the debate on the motion.
Discussion followed: 1) Prentiss stated the committee met, discussed the issue, met with the Department of Accounting and General Services on their position. The money that was appropriated, the 5.1Million dollars will lapse this coming June 30th.The State must act to spend that money on only that road by June 30th. As DAGS has rejected that alternative, the money cannot be spent on another alternative. Prentiss stated it was his understanding that the board did not support only the one alternative for the access road. While the Board supported the Pohakupu community the money to fund the project will lapse and that alternative will not be built at this time. The Environmental Assessment notice was filed in the newspaper and residents should have been notified of that as well. Akiohala was one of the alternatives in that Environmental Assessment. The Department of Education has given the Board a letter that specifically supports the Akiohala Alternative. We have also received a letter from the Department of Accounting and General Services that the support the Akiohala Alternative. Now, to get that done, there will have to be another funding request from the State Legislators for the budget. There is no guarantee the money will be appropriated for the Akiohala Alternative. There is also no iron-clad guarantee that the Governor will support the Akiohala Alternative. The Committee considered the funding may come for the Akiohala alternative and that the other alternative (for Pohakupu) is dead. Therefore the committee supports the Akiohala Alternative as a way to help solve the problem for the people in Pohakupu who have worked so hard for the last sex years on this issue addressing the traffic problem leading to the lone entrance to the high school through their community. 2) Glanstein stated that for the last ten years at least the only alternative providing relief for the Pohakupu community did not include impacting the Akiohala community. The Department of Education and DAGS were also in agreement with the alternative that went from the highway and past the women’s prison. The residents of Akiohala were never informed and were never asked to participate in the decisions of government. That is the mission of this board and that is why the Government and Community Services Committee decided that they needed to know.The right to know is inherent in the Sunshine Law. While the letter was written the committee waited a month for DAGS to notify the community before mailing the letter to contact the residents and owners on Akiohala.DAGS did not, so we did. I do not support this motion because we have a motion, a position, a history, and funding.We have to support the efforts of this board on behalf of that particular community. 3) Donna Wong does not support the motion.Wong represents the Pohakupu community and they have been trying for many years to get a road that does not go through their community.Akiohala was mentioned for years and never became a reality.It was always stopped for one reason or another. Wong had no confidence in anyone, not DAGS, not DOE, not this board if is chooses Akiohala to become a reality. The State Legislators worked hard to get this money and the original access road should be built. 4) Corcoran did not support the motion; Wong has put it quite well as has Glanstein. It is mind-boggling with all we have been through for 10 years, with great public support to get that access road from Kal Highway to the school that suddenly up pops this at the last minutes after the Governor has signed off on the Budget for the access plan.How is it that when the Governor has signed off on the Budget the departments can go against that on their own. We have the tail wagging the dog here.Most of the people on this board supported the present access road; we know the community supported the access road; and suddenly we have DOE and DAGS turning this thing around on its head. Something is wrong, Corcoran cannot support the motion. 5) Dowsett does not support the motion. This is not what the board originally looked at.Dowsett cannot see doing this to the Akiohala folks.Not just them, you will be sending more cars past an elementary school—Kaelepulu.Those kids haveenough trouble getting across Keolu Drive without getting hit; and now you are going to send even more traffic down Keolu Drive and up Akiohala—that just doesn’t make sense. 6) Lindgard, referring to photo from 1968, stated that schools in this area began with young parents with young children that grew up.The intermediate school was converted to a high school.There is a loss of student in the high school each year that will continue over the next 5 years.Widening an existing roadway seems appropriate with the parking lot improvements.Lindgard supports the motion. Behavior will not change much, both road would be used—but you get a better roadway. 7) Best supports the motion.The alternative for 5 million dollars is a security risk for the correctional facility. Even though this is not a straight forward decision, Best supports the motion. 8) Bratt supports the motion based on testimony of DOE and DAGS, the cost of the roadway being transferable to the new project and security concerns regarding the correctional facility (the sound recording was distorted, further comments were unintelligible). 9) Glanstein made a correction concerning funding.It does not go back into general funds and cannot be diverted to another project. These are general obligation bonds.Upon examination of the legislative process this is apparent.Negative testimony is a recent occurrence and did not appear in the prior years or when the board was deliberating. The prior principles of the high school and the correctional facility were both in support of the original alternative.City Council, DAGS, DOE, the Waimanalo and Kailua neighborhood boards as well as the Pohakupu community all supported the original alternative. 10) Prentiss stated the position of the Board in a letter from February 2006 “The Kailua Neighborhood Board reiterates its support for the construction and completion of an alternative access road to Kailua High School from Kalanianaole Highway and will continue to consider all feasible options in accordance with the following objectives: opposition to condemnation to private property; opposition to any alternatives that fail to address abatement to significantly reduce traffic entering Kalanianaole Highway/Kailua Road intersection;support for an alternative option that the principle objective is to serve the needs ofall Kailua High School Students;in support for an alternative access road that is in response to and addresses the concerns of the immediate residential community.”
Members Dowsett and Harding left the meeting at , 14 members present.
Presiding Officer Ure stated Tomasa will be followed by DAGS Director Saito.
11) Tomasa does not support the motion and is concerned that government again interfered with a very hard, fair decision by this board and the community being represented and along with the state legislators’ efforts on behalf of that community. This motion and its proponents divide the community. This division is occurring with the beach park and now two communities. 12) DAGS Director Russ Saito passed out additional information was available for further questions.First was a letter from Pat Hamomoto supporting the Akiohala Street access and is offering a community outreach to discuss the option and the issues. Second is a letter, which is actually a resolution, adopted by the Waimanalo neighborhood board supporting Akiohala Street alternative. Unfortunately it does not appear on their official letterhead since your last meeting. The Chair of the Waimanalo has given permission to circulate the draft resolution supporting Akiohala Street. Third; is a letter from the Department of Human Services and the Department of Public Safety in support of the Akiohala Street option (from the aspect of security).Keolu drive at Kalanianaole Highway is marked in the diagram in red and goes through the security area at the juvenile detention center as well as the women’s correction center.The options Representative Waters suggest would cross the Hawaiian Electric area and there is no room there to run a road or the down Ulupii Street would require condemning homes as the route is not wide enough.Akiohala road exists.It is about 6 lanes wide all the way to the end when it becomes two lanes.At the forested area it becomes two lanes.Currently, everyday, 101 cars use the road anyway to drop off kids at the high school and 101 cars come back out.By contract, the Ulumanu Street entrance to the high school; 300 cars go in and 160 come back out; 120 cars park.Of all the cars that enter now, only 22% come down Kailua Road from downtown or Kaneohe area.That means that 88 % are coming from Waimanalo, Keolu Hills or Kailua; so for them the access from Akiohala will be even more effective than going up and down Kailua Road.In the afternoon only 22% of the traffic comes in from downtown or Kaneohe, 3/4th plus comes from Waimanalo, Keolu Hills or Kailua and have access from Akiohala Street. The school says over 50% of the students are from Waimanalo.Saito has not verified that with DOE. The problem is getting through Kalanianaole Highway/Kailua Road junction.Therefore, turning off Kalanianaole Highway to Keolu Drive before the congestion is a solution. And a part of that solution would include a left turn signal at Keolu Drive and Keolu Drive.
Members Lindgard, Porter, and Wong left the meeting 11 members present.
Saito continued: We are also toying with the idea of a traffic signal at Keolu Drive and Akiohala Street as well. Although, from the traffic studies, it does not look like it is required.The Akiohala Street is 6 lanes wide until about a quarter of a mile from the high school the road exists; there is a turnaround drop off point with no parking lot.A lot of people from Waimanalo and Keolu Hills would use that road because they need to park by the campus. The solution would be to improve the road and put a parking lot at the end of the road so that those who use the road don’t have to go around to the main entrance just to get to park.There was a question about the Governor: when the Governor came in 2003 and heard the community concerns about an alternate access route into the high school and the concerns about the traffic through Pohakupu subdivision (I talked to the Governor about this just recently) what she did was to put the support of the government behind the establishment of an alternate access road.She did not commit herself specifically to an access road from Kalanianaole Highway to the school.The 5 million dollars was appropriated however, because of the lip of the road and the drainage improvements that would have to be made and because of the security arrangements that would have to be made to go right past the women’s community correctional center and around the detention center, because of the contraband that would be thrown over the fence and everything else the long setback and the high fence that would have to be built, that is why it was to cost so much money as there is no current, single, intersection with Kalanianaole Highway.If the intersection, the route, and the parking lot are all done, the cost is then about 8 million dollars.We would then have to go back to the legislature for more money since 5 million is not enough; it would cost 8 million dollars to build the road.Whereas, if we use the Akiohala road option we can go to the legislature and have them take back the 5 million and use that to complete the Akiohala Street.That is a lot easier to sell to the legislature than to get 3 million dollars more.All that needs to be done is to widen the end of the road, put a sidewalk on one side of the road (as the other side already has a sidewalk) all the way to Kailua High School, keep the turnaround area and create a parking lot, clear back the brush, and take care of the drainage issues by leveling the land.
Presiding Officer Ure entertained Board member’s questions and comments and by the public as a great deal of information was presented, some not available at the August KNB meeting and members of the public unable to avail themselves of this information.
Public Question and Comments:
Marilyn Gilbert thanked the Board for notification and inclusion in the discussion of the issue, even at nearly , although tired, she appreciated the Board offering this opportunity to speak.Gilbert asked if others from Akiohala had come and spoken on the issue because she suggested a lot of people from Pohakupu have had the opportunity, perhaps because they are more vocal, or they knew the issue negatively impacted their community.Gilbert stated that when she tries to get out of her driveway in the mornings to go to work folks are dropping their children off at KailuaHigh School; when she tries to make a left turn, they are coming down, after having dropped their children off at the turn-around. Then when trying to turn left on Keolu Drive to get to her job, there are people turning left into Akiohala and as they have to get their children to school on time they are not letting her out of her street. Gilbert felt the statements made tonight were not the proper way to handle legislation and still is unclear on the position of the Board—voting on this issue at at night—is somehow not right.Further, Gilbert does not know how Saito measures lanes, and as she lives on Akiohala Street, that road is not six lanes wide.Why is it that this is happening to this two block portion of the neighborhood that will turn it into even more of a traffic hazard than it already has.And the suggestion that contraband will be thrown over into the prison—you need to be aware of the contraband they drop in our yards—scratching nasty words into my trees, use my driveway as a urinal, drop their cigarette butts and soda cans—while Gilbert never once complained, just cleaned up her yard—she is going to complain now. This issue has awakened a sleeping giant.
Robert Welch from Akiohala agreed first that Akiohala is not six lanes wide, perhaps a mere four lanes. Second, the issue is to help out Pohakupu with their traffic situation and yet a board member says the population of the high school is lessening, decreasing, therefore it begs the question “why open it”.If in fact that is not the case then Akiohala residents do have the situation described by the previous speaker.Then the Board needs to think about helping out one community by shifting 50% of their traffic to another community.While the currently impacted community might see relief, think about the receiving community with all this traffic. It was felt by the speaker that the best suggestion was voiced by Representative Waters to go back and rethink the whole issue.Clearly there are a number of community issues with the Akiohala suggestion.And just as clearly there are some problems with the alternative from the highway already proposed. Welch would like the Board and the government to take Waters; suggestion and rethinking the road and keeping the communities happy because that is what the neighborhood board is supposed to do in the community.
Saito responded the roadway was at least four lanes wide until the wooded area was reached and then it became two lanes—there are no markings.
Questions and Comments from the Board members:
1) Corcoran hoped the Governor understood that in supporting Akiohala, she was going against the wishes of the Akiohala community and Kailua.There has been heavy pressure for years to put the original alternative through just as she signed for the money for this project—the money was for this project—not for Akiohala or another alternative and therefore the Governor is going against the public is her support is for Akiohala.And the three letters from the Department of Youth Services, the Department of Safety and he Department of Education, they were all written in the past week.That is strange.This is a violation of the will of the people.The government only has so much power as the people allow it to have; therefore, this is overriding the will of the people in these communities.For years we have had people standing before us and testifying that we need the road and it needs to come off Kalanianaole Highway. Corcoran cannot support the motion.2) Prentiss stated Welch had a good point about new information and we had not talked to the Akiohala residents before even though in six years they might have found out something about it.We have the letters we have not had an opportunity to read from different agencies therefore the issue will have to go back to committee for use to take another look at the situation in light of the new information.Prentiss requested the issue be moved forward to the Transportation Committee.
Member Bratt left the meeting, 10 members present.
Presiding Officer Ure asked if the motion was being withdrawn and taken back to the Transportation and Public Works Committee.Prentiss said yes. Ure announced the motion was withdrawn and going back to the Transportation and Public Works Committee and the next meeting will be October 18th at Kailua District Park Multi-Purpose room at and invited the public to attend and discuss the issue.
Presiding Officer Ure relinquished the gavel to Vice Chair Prentiss.Vice Chair Prentiss announced the Executive Committee and the Government and Community Services Committee each had a time sensitive issue.
Executive Committee – Glanstein spoke for the committee concerning the neighborhood plan November 2006 version is time sensitive because the public hearings are going to be heard or are tentatively early in November.
The KNB strongly rejects the Draft Neighborhood Plan, prepared by Corporation Council and distributed to the Boards on September 17, 2007 for the following reasons:the draft is not user friendly;the draft does not include comparative methods (what’s new, amended, deleted, etc.) from the existing Neighborhood Plan (1997);the draft was prepared by Corporation Council and does not reflect the amendments developed by Neighborhood Commission Permitted Interaction Group or the neighborhood board members over the last several years;the draft failed to include Corporation Council’s Opinion letter dated Aug. 15, 2007 which articulates the changes suggested by the Corporation Council,the draft was approved by the Commission without public comment (Neighborhood Commission minutes dated August 27, 2007); Therefore, the KNB strongly recommends that the Neighborhood hearing, review, and comment.The motion should be sent to the Commission and all board members.
Without further discussion the motion was adopted 10-0-0.Aye:Best, Brooks, Brown, Chinen, Corcoran, Correa, Glanstein, Prentiss, Tomasa, and Ure.
Government and Community Services Committee Chair Jon Chinen introduced the motion The Kailua Neighborhood Board supports the November 2006 draft of the Neighborhood Plan submitted by the Neighborhood Commission Permitted Interaction Group with only non-substantive corrections and amendments reached in prior agreement wit the Neighborhood Commission and Corporation Council.
Chinen stated that this motion reaffirms the board’s position as the Government and Community Services Committee carries the board’s testimony to the hearing being scheduled shortly.To not support the motion will render these hearings without the benefit of the board’s testimony.Chinen urged the Board to support the motion.
Ure stated the Corporation Council substituted a whole new plan for the November 2006 version that this Board, its Permitted Interaction Group and the Neighborhood Commission with its permitted interaction group, all worked on with Corporation Council present, commenting and deliberating.When it was sent to Corporation Council by the Neighborhood Commission it was to be reviewed and commented on.The Corporation Council has no authority, no mandate, to substitute another plan.That is why the first motion from the Executive Committee rejected the Corporation Council’s plan.Should this motion be adopted by the Board, it allows the testimony of the Board to state that the November 2006 version of the neighborhood plan is what the Neighborhood Commission, the Permitted Interaction Groups and the neighborhood board members worked on and what the corporation council received that should have gone on to public hearing.If this motion is supported we are able to go those hearings and give at least sixty-one examples of how the Corporation Council has substituted the neighborhood plan that the Neighborhood Commission, who is mandated to amend the plan, has been substituted and that there is a bogus document out there from the Corporation Council in the public hearing.
Without further discussion the motion was adopted 10-0-0.Aye: Best, Brooks, Brown, Chinen, Corcoran, Correa, Glanstein, Prentiss, Tomasa, and Ure.
Executive Committee Motion was heard due to its time sensitive nature. The Kailua Neighborhood Board recommends, pursuant to the Neighborhood Plan Amendments, that the Kailua Neighborhood Board convenes a Committee of the Whole early 2008 to be consistent with the proposed substantive changes.
Without further discussion the motion was adopted 10-0-0.Aye: Best, Brooks, Brown, Chinen, Corcoran, Correa, Glanstein, Prentiss, Tomasa, and Ure.
Parks and Recreation motions were deferred to the next regularly scheduled neighborhood board meeting by Co-Chair Ure.
Member Correa left the meeting at , 9 members present, no quorum was present and the meeting adjourned at
Submitted by Neighborhood Assistant Marie Richardson
Amended and completed by Board Secretary Linda Ure