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  • Kaimuki Neighborhood Board - Minutes Of February 21, 2007 Posted

Courtesy of Neighborhood Commission Office
Source Neighborhood Commission Office

KAIMUKI NEIGHBORHOOD BOARD


KAIMUKI NEIGHBORHOOD BOARD

REGULAR MEETING MINUTES

WEDNESDAY, FEBRUARY 21, 2007

LILIOKALANI ELEMENTARY SCHOOL

The meeting was called to order by the Board Secretary Eduardo Hernandez presiding for Chair Abe at 7:25 p.m. with a quorum present.

BOARD MEMBERS PRESENT: Jim Cone, Sharon Schneider, Abigail Leong, Eduardo Hernandez, Randolph Hack and David Carvalho.

BOARD MEMBERS ABSENT: Mike Abe, Daniel Nahoopii.

GUESTS: - Capt. R. Marshman (Ladder 5, Honolulu Fire Department), Matt Tuthill, Sgt. G. Maekawa, Sgt. L. Babaluz, Officer A. Kahapea (District 7, Honolulu Police Department); Chester Lau (Board of Water Supply), Susan Jackson, (Governor‚s Representative, Department of Health), Representative Barbara Muramoto, Representative Lyla Berg, Senator Les Ihara, Janel Cohen (House Speaker Calvin Say‚s office), Jay Ishibashi (Mayor‚s Representative), Stan Fichtman (Councilmember Charles Djou‚s office), Eugene Lee (Director, Department of Design and Construction), Mike Wilcox (Save Oahu‚s Race Tracks), Litzie and Yale Trustin; Glenn Yamasaki; Lydia Chock (Leahi Hospital), Caron Wilberts, Julia Allen, Gordon Tam, Steven Sellner; A. Yosaitis; Lisa Rabe, Bonnie Trustin (Neighborhood Commission Office staff).

PUBLIC SAFETY REPORTS:

HONOLULU FIRE DEPARTMENT (HFD) ˆ Capt. R. Marshman (Ladder 5) reported the following: January statistics were 3 structure fires, 64 medical emergencies and 7 search and rescue calls. Engine 5 had 6 structure, 6 auto, 2 activated alarms and 3 miscellaneous and other fires and an additional16 medical emergencies.

Fire Safety Tip: Every home should have a working smoke detector installed near each sleeping area on every level. Since cooking vapors and steam can set off a smoke detector, the detector should be located away from the kitchen or bathroom. Wall-mounted detectors should be positioned four to 12 inches below the ceiling and away from air vents.

There were no questions.

HONOLULU POLICE DEPARTMENT (HPD) - Acting Chair Hernandez reported since we were delayed in starting the meeting, the Police could not stay to present their report but it has been distributed to the Board and is in the back of the room for the public.

BOARD OF WATER SUPPLY - Chester Lau reported there was one main break in January on Sierra Drive. The weather bureau predicts we will have a dry summer because El Nino is present so please take conservation measures conserving water by using what you need but not wasting it.

Questions, answers and concerns:

Leong suggested daming up a waterway to preserve water when there are heavy rains. Lau had done that analysis and the benefit cost ratio is very small because you can‚t predict when the rainfall will occur, you need a large enough reservoir to make it work, our large valleys like Manoa might be able to hold a big dam

but putting a dam across a small valley won‚t provide enough storage and the value of that water is not there to cover the multimillion dollar cost to construct a dam. Also, there are environmental penalties you pay for

drowning out the trees which would die and the land becomes denuded bringing frogs and mosquitoes to breed. It‚s a good suggestion but it doesn‚t work here.

MEMBER SEATS VACANT - Acting Chair Hernandez asked for volunteers to fill three Board openings from Sub District 1. He explained these vacancies are part of the delay tonight because we have so few members to get a quorum so if you know people living in the area bounded by Waialae, 12th Avenue, Alohea, Huanui, Puu Panini and Lauawai, please encourage them to run for the Board which will have vacancies in June because no one submitted their name for to run for that Sub District. . There were no responses to fill the seats so the item will be added to next month‚s agenda.

PUBLIC INPUT AND CONCERNS:

LILIOKALANI ELEMENTARY SCHOOL PRINCIPAL ROBERT GINLACK ˆ Robert Ginlack was not present to address some concerns to the Board. Acting Chair Hernandez thanked Lilokalani School for allowing the Board to meet in their cafeteria; he will contact Principal Ginlack to find out what he wanted to address.

RESIDENTS‚ CONCERNS: 

1. Acting Chair Hernandez spoke as a public citizen involved in the promotion of civil unions that the legislature is now considering which was introduced by Speaker Say. The reporting on this issue is re-igniting the question of same sex marriage but civil unions are not same sex marriages; reading the legal definition you see there is a distinct difference. He asks for your support and to tell your legislators you support it.

2. Mike Wilcox from S.O.R.T. (Save Oahu‚s Race Track) represents a group of race car enthusiasts who are trying to save the sport of auto racing on Oahu by supporting the reestablishment of a safe track for public safety and to decrease the road racing on our roads and in neighborhoods. The closing of Hawaii Raceway Park in 2006, after being open for 42 years, left many racers without a place to practice their passion and brought a lack of safety to the sport. We have all seen an increase in street racing on our roads and highways and those living close to our freeways hear cars racing late at night and into the early morning hours. S.O.R.T. is working at state and local levels to reopen a raceway park here on Oahu. The bills being considered now are City Resolution 06122 and House Bill 567 and we ask your support for them.

ELECTED OFFICIALS:

MAYOR‚S REPRESENTATIVE ˆ Jay Ishibashi, representative of the Mayor‚s Office, reported the following:

1.   Concerning sirens going off in succession ˆ Several months ago sirens went off because the City Civil Defense department was resetting them and they went on again about 30 minutes later which was found to be due to a wayward gecko inside the machinery setting off the alarm. The Maunalani Heights sirens are now secure and they are trying to take measures to alleviate the experience from happening again but it is difficult to prevent geckos from invading the space.

2.   Kaimuki Parking Lot ˆ The City just finished negotiations with the vendor and we hope they will be here at the next meeting; I will advise you if they are coming. The Department of Transportation Services is still working hard on the transit issue so they are pulling double duty.

3.   The transit issue ˆ We are moving ahead on this as the Council voted today to go accept the Minimum Operable System. Mayor Hannemann with DTS and the consultants are working to move the project forward.

The Mayor sends his best wishing you Kun He Fat Choi in the Year of the Boar.

DIRECTOR, DEPARTMENT OF DESIGN AND CONSTRUCTION, (DDC) EUGENE LEE reported the following regarding the updated status of the Maunalani Rec Center:

1.   Hazardous material in the building ˆ His staff addressed the asbestos and lead paint issues which is part of the contract.  

2.   Securing the building ˆ The orange fencing is a standard material used to surround the building by construction people. The contractor is responsible for any damage on the construction site.

3.   The pit of mud by the building - During construction they found a pipe was severely corroded so a pit was dug to capture the run off of water from the pipe. Since we need the water to work on the building, we turn the water on in the morning and turn it off at night and the pit captures the water. As result of finding the corroded pipe, a change order will be issued to replace it as part of the project.

4.   The metal plate over the trench be properly secured ˆ The contractor uses plywood to cover the trenches and electrical handholes. The contractor has been instructed to check the plywood at the end of each day ensuring they are appropriately placed to prevent anyone from falling into the trench.

5.   Completing the project on time and on budget - His office monitors the contract; the official completion date is April 20 and as of today the project is on schedule, however, there will be a couple change orders ˆ one for the water line and one to dispose of an electrical transformer that has to be replaced. Normally rehabilitation of an existing structure requires unforeseen work. We will negotiate the cost and submit a change order to the contractor.

The Department of Design and Construction are the engineers and architects of the City implementing most of the capital improvement projects which cover all the City‚s facilities for example: fire and police stations, public buildings, roads, the zoo, the NBC arena, for anything the City needs to improve or build we will probably be involved in. It is very interesting and rewarding to have this position and he‚s grateful the Mayor gave him this opportunity to be the director in such a good department.

Questions, answers and concerns:

1.   Status of Kapalona Park pool ˆ We received a request from the newspaper on their swimming pool it and we are giving them a status update which you should be reading about in the next week the swimming pool. The project calls for putting a tile liner in the pool but we have struggled in the past putting a tile liner in a plaster pool. The Department of Planning and Permitting wants a tile lining because it helps with the maintenance but retrofitting a plaster pool with ceramic tile has been problematic and continues to be so.

2.   Completion date for Maualani Park‚s additional work ˆ It will take an few extra thousand dollars to complete the park. He will have to negotiate the cost and time frame with the contractor for the additional work to be done and only then will he know a completion date and then can advise the Board. Hernandez reported the park has been closed for most of the last five years so any updates would be welcome to pass on to the residents, many of whom are here tonight.

3. Is the contractor concerned about his liability for the graffiti on the inside of the building? The City is not responsible for the buildings until they have accepted the project completely and release the contractors of responsibility. DDC is hesitant to release the contractor‚s responsibility until the work is done because of such instances.

4.   Why has Kapalona Park been closed for the last year and a half? We have been waiting to resolve the issue of retrofitting their plaster pool with tiles; we have found it to be problematic for three pools previously and now we‚re having a problem with McCully‚s pool although it is above ground. Most of the city‚s swimming pools are plaster and subject to a lot of maintenance so that is why there is an effort to tile them to make them more maintenance free.

5.   Resident told by her contractor she has termites at her home from the wood torn down at the Maunalani Rec Center living two blocks away. Hernandez reported the Rec Center was tented before the demolition and construction began, so there shouldn‚t be an issue with termites at the Center infesting her nearby home. Lee will check the specifics and get back to her.

6.   Who decides if toilets are installed in the Kapalona Park which is currently under construction? Leong reported there has been discussion between the Park representative and the contractor; Lee will ask about the situation. The contractor is to do what is called for the in the contract. If Lee were the contractor he would not install the toilets because they have not been letting people onto the construction site and the contractor would be liable for any injuries that may occur as a result of the public using a toilet within a job site. If the contractor is willing to do it, it would be at the discretion of the parks person because there would be the question of who cleans the facility and provides the supplies and maybe the contractor is not willing to do that. It is not unusual to have brand new fixtures vandalized so if the contractor installed the toilet he is taking a risk. Lee can‚t speak for the Park‚s representative.

COUNCILMEMBER ANN KOBAYASHI ˆ Councilmember Kobayashi was not present but her reports were provided.

COUNCILMEMBER CHARLES DIJOU‚S - Stan Fichtman reported from Councilmember‚s Dijou‚s office standing on their written report, he highlighted the following:

1. Today the City Council passed the Mandatory Dog Bite Recording Bill by a vote of 9-0, requiring a report must be made to the police. Djou wanted this bill passed as a result of the mauling of two children in separate incidents at Kailua Beach Park by the same very large dog. Each child was admitted to the hospital but no police report was made for either incident. Councilmember Dijou was concerned complete reports on both animal attacks on humans and on very large dogs was not being reported. Emergency Medical Services does make reports to the police when a dog attacks a child but this bill makes it mandatory.

2. Today the City Council debated the Minimum Operating Segment and three proposals were put forward. The Resolution 07-039 is still active with the City Council and will be heard again Tuesday, February 27 at noon at the City Council. The proposed route that was established is from east Kapolei, through Waipahu, Pearl City, and Salt Lake, with a final destination of Ala Moana but it does not serve the airport.

3. Councilmember Dijou is also very interested in the Kapalona Park Pool and some Councilmembers contacted the overseer of the project to request that it be completed in 2007.

GOVERNOR‚S REPRESENTATIVE ˆ Susan Jackson, Representative for the Governor from the Department of Health, reported there are a number of bills before the Legislature the Department of Health has been concentrating on which include aging, long term care, support of caregivers and families, addressing the health care provider shortage especially in the medically underserved and rural areas, and bills to change the deposit container law which is a recycling law for beverage containers that have the High 5. There is a lot of negotiation to attain a compromise so the program is still overseen by the State but they want the retailers to participate in the redemption of the beverage containers. There has been much conversation about being able to return recyclable bottles to the place where they were purchased..

Other issues of importance are:

1. All the directors of the executive agencies need to be officially re-appointed so the Governor has submitted a list of names of her chosen directors to the Senate who will hold hearings on their confirmations. Meanwhile, the Deputy Directors are working a month at a time.

2. The Governor has announced judicial nominees Glenn Kim into the Circuit Court of the First Circuit of Oahu and Mark Rechtenwald as Chief Justice of the Intermediate Court of Appeals. The Governor receives a list of six names for each appointment which she makes public for comment if they choose

to do so. These appointments are subject to Senate confirmation. Mr. Rechtenwald currently serves as the Director of the Department of Commerce and Consumer Affairs.

3. The Governor has provided much testimony to the legislature on bills that are major innovative initiatives and is currently away for a week at a governor‚s national annual meeting whose topic is „Innovation America‰. She will be meeting with a variety of federal officials, including the President, to discuss the topics of transportation, education, health care and natural resources.

Questions, answers and concerns:

Jackson has been consumed with the legislative session and has not gotten a reply to Hernandez‚s question on the reciprocal beneficiary status of the State which he feels is currently inadequate. She has asked the question and will respond before the next neighborhood board meeting. Hernandez asked the question because he had been working with House Legislative Speaker Say and members to address the reciprocal issue and wanted to make sure the Governor understands how profoundly inadequate that is when some people are comparing it to possibly being like civil union.

SENATOR LES IHARA ˆ Senator Ihara reported that Susan Jackson is also the Acting Director of the Executive Office on Aging since there is no Director currently. He works on aging issues in the legislature and the state‚s advocate for the elderly is the Executive Office on Aging. That department has not had a director for the last four months and he has complained that senior citizens do not have an advocate to be a voice for their issues as was established by federal law. 

He has worked with the University of Hawaii Public Policy Center on Senate Resolution 107 that set up a series of dialogues to press Sunshine Law issues. There are four basic issues he is working on that address 95% of the complaints the Neighborhood Boards would be addressed:

a. Allow a neighborhood board to meet to hear presentations if there is no quorum.

b. When attending a presentation about something on the board‚s agenda, as many as a quorum can attend

to gather information rather than only two as stipulated now, but you can‚t discuss it with the others in attendance.

c. During the public input part of the meeting, there can be discussion of things not on the agenda.

d. When there is public input on issues not on the agenda, you can take action on it that evening if it is for the health, welfare and public safety of the community for example, an application for a liquor license that makes the neighbors unhappy but the Board was not aware of it so it when writing the agenda, so it was not included on the meeting agenda when it was mailed.

1. In the next session he wants to get funding for the Office of Information Practices to provide more public education and field trips.

2. He is working on the government whistle blower bill giving public and private employees protection by law when they report a violation of the law. Public employees have a greater responsibility because they are protecting the general public from waste, fraud, malfeasance, non-feasance and related issues and can‚t be retaliated against.

3. The Auditor‚s office has the power to investigate but since they have only a small staff Ihara is proposing there be an investigative unit in their department, as in the Federal Inspector General‚s office, to monitor whistle blower claims.

Questions, answers and concerns:

1. Responding to Hack he reported there is a law currently allowing the Neighborhood Board to meet with less than quorum as a Sub Committee with a published agenda. There are also investigative task forces that can meet without public notice with up to three people but you report back to the Board on your findings.

2. He replied to Cone that the State follows the federal guidelines and considers a person a senior citizen at 60 years old when people can receive services based on need. We need to establish a family caregivers

support system so that patients who want to live at home know how to modify it because overwhelmingly the elderly want to stay at home when they are ill rather than going into institutions. We also need long care beds in private institutions for disabled people in the private sector.

4. He is the co-chair of the Joint Legislative Committee on Family Caregiving and there is a bill to extend the life of the committee. Their mission is to build the structure of support for family caregivers including such things as emergency respite care for seniors whose caregivers get sick; they need a system that provides a caregiver so they have support.

HOUSE SPEAKER CALVIN SAY ˆ His representative left House Speaker Say‚s report for the public. He encourages emails or calls to his office if anyone has questions.

REPRESENTATIVE BARBARA MURAMOTO. ˆ Representative Muramoto thanked Senator Ihara for his work on the Kapuna Caucus and Care Givers work and a study of the Neighborhood Boards and their issues with quorum and the Sunshine Laws. 

1. We heard the four bills in House Judiciary Committee yesterday. The Committee Chair combined four bills into two bills and it looks like the House is going to record a bill allowing less than a quorum to attend public meetings.

2. Also with less than a quorum, she thinks the Committee Chair wants you to proceed and hear reports without a quorum. Les Kondo, Executive Director of Office of Information Practices, realizes people want to loosen up the laws and he agreed to the changes.

3. We have an ethics bill passing - it‚s like an internal ethics bill to create our own committee with the legislature. Right now it is two majority and one minority party member from each legislative body. Issues can only be brought before the committee by the House Speaker or the Senate President and that has to be changed. She would like something added to the bill to keep from having fundraisers during the legislative session. 

    

3. She wrote a letter to the Department of Education‚s Superintendent of the Kaimuki/Kalani Complex asking to please institute a canine detection program for drugs and other substances on campus. This has been started on Maui and at some schools on Oahu. Nothing really happens when the dog finds illicit substances, it is not reported to the authorities but the information is given to the principal so hopefully it will be a deterrent to keep students from bringing illicit substances onto the campus.

She introduced a resolution for a canine detection program in certain areas to detect drugs but she was told it has strong resistance.

Questions, answers and concerns:

1. She responded to Hernandez‚s question about whether she supported HB 908 favoring civil unions. She said she will give it serious consideration; she doesn‚t think it‚s ready to be heard yet; they are waiting for the House to pass it out and then it will go to the Senate. Representative Marumoto asked for a show of hands from those who support civil unions and a clear majority raised their hands, which she thought was an impressive number. She reported that there is a very strong opposition to the bill.

Hernandez explained for the person asking the difference between marriage and civil unions and the benefits, marriage is defined at the federal level with about 1,000 benefits whereas civil union only deals at the State level. It does not require any religious solemnification by any religious organization; it just grants that the State provide equal rights and privileges as a legal status separate and apart from marriage. There are many benefits related to it protecting families because when you have same sex couples prohibited from getting married, which is currently the case, there are barriers to accessing insurance, there is the question of who has the legal authority to pick up a child at school for instance which becomes more difficult for same sex couples. On the issue of adoption, same sex couples would have to go to court twice to adopt whereas married couples can go one time for a single adoption. Our foster care system needs parents and we have same sex couples who want to adopt but only one parent is recognized as being the legal foster parent which creates barriers to placing children in their homes. 

2. Leong asked if rotweiler and pit bulls dogs are able to come into the State. Marumoto will check on that but is very sure they can.

REPRESENTATIVE SCOTT NISHIMOTO ˆHis report was distributed by Representative Lyla Berg because he was not able to be present.

REPRESENTATIVE LYLA BERG ˆ Representative Berg brought the special insert from the Honolulu Advertiser that is a parent guide emphasizing early development which is her focus in the legislature. The legislature is looking at a system parents for four year olds that integrates parent interaction and education because parents are a child‚s first teachers. Please share this publication with others ˆ it‚s focus is that to be a good parent we have to be healthy ourselves. 

Other important issues:

2. There are two ethics bills. The Speaker introduced a bill which Representative Muramoto explained and a group of us who signed on to another bill calls for three members from the majority and three members from the minority party and anyone may file an ethics complaint to the House so it is not dependent upon the Speaker‚s determination of whether or not the complaint will be heard.

3. Her newsletter highlights two important days to be aware of:

a.  March 14 she hosts Human Rights Day and this year it is called „Quality of Life Day‰. If organizations   would like to participate, please come to the Capitol. Senator Ihara is co-sponsoring this from the Senate with regard to the family caregivers.

b.  March 19 is Kapuna Day at the Capitol. For the first time the Kapuna are coming to lobby their resolution that we are introducing for a financial and management audit of the Department of Education‚s program for the Hawaiian language program. The Kapuna will be there doing the invocation which we hope you can experience. There are significant inconsistencies in schools with regard to compensation, time, work conditions and communication for the Kapuna to be in the school. Article 10 of our State Constitution calls for Hawaiian education, culture and language to be integrated into the schools and the Kapuna program was one of those programs that was implemented a while ago as a corollary and support to the teachers since most of our teachers do not have a Hawaiian culture and language training.

4. She is hosting a series of workshops on upcoming Wednesdays concerning the Hawaiian economy starting February 28th. ˆ the forecast, methods of evolving our economy and ending with the „Now what‰ question. This will help guide the legislators to know what bills should pass because there are so many tax credit bills being proposed right now and not everyone feels tax credits are the best way to proceed. She is learning a lot and wants to share it with people attending the Board meetings.

Acting Chair Hernandez thanked Representative Berg for her leadership and encouraged residents to call their representatives when you have questions because they will meet with you and listen to your concerns as Berg did for Hernandez and his organization; it‚s great to live in Kaimuki and have the benefit of our elected officials.

PENDING BUSINESS:

KAIMUKI PARKING UPDATE ˆ Ishibashi reported the City just finished negotiations with the vendor for the parking lot so there is no new news to report at this time. He will advise Abe, Nahoopii or Hernandez that the contractor and a DTS representative will be presenting the latest information at the neighborhood board meeting next month.

Questions, answers and concerns:

1. Member Hack reported, as an historical note, that as far back as 1950 there were parking problems in Kaimuki. 

2. Acting Chair Hernandez requested an estimated time line be presented as a part of the report.

SUNSHINE LAW REPORT ˆ Senator Ihara discussed these bills earlier tonight. Acting Chair Hernandez apologized for the delay in starting the meeting this evening and encouraged residents to support these bills so boards can meet without a quorum. We will continue to have a problem meeting because we have three vacancies in one sub district and will have another vacancy in another sub district in June.

CHAIRŒS REPORT ˆ None.

ANNOUNCEMENTS AND NOTICES ˆ None.

TREASURER‚S REPORT: ˆ Hack reported there is a balance of $3,771.06 in the Operating/Publicity account and $53.09 in the refreshment account.

The meeting was adjourned at 8:50 p.m.

Submitted by:

Bonnie Trustin

Neighborhood Board Staff Assistant


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