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Kaimuki Neighborhood Board - Minutes Of February 20th, 2008 Posted

Courtesy of Neighborhood Commission Office
Source Neighborhood Commission Office

REGULAR MEETING MINUTES
WEDNESDAY, FEBRUARY 20, 2008
LILI'UOKALANI ELEMENTARY SCHOOL CAFETERIA
 
 
CALL TO ORDER:  The meeting was called to order by Chair Hernandez with a quorum of six board members at 7:08 p.m.
 
MEMBERS PRESENT:  Daniel Carvalho, Jim Cone, Eduardo Hernandez, Dori Rybacki-Smith, Sharon Schneider, Vernon Tam.
 
MEMBERS ABSENT:  Randolph Hack, Abigail Leong.
 
VACANT SEATS:  Three vacant seats in Sub District 1.
 
GUESTS:  Jay Ishibashi (Mayor’s Representative), Dr. Susan Jackson (Governor’s Representative, Deputy Director, State Department of Health), Senator Les Ihara, Representative Barbara Marumoto, Calvin Azama (Representative Calvin Say’s office), Representative Lyla Berg, Candace Van Buren (Representative Scott Nishimoto’s Office), Eugene Lee, (Director, Department of Parks and Recreation), Gail Hariguchi (Deputy Director, Department of Parks and Recreation) Mike Smith (Department of Parks and Recreation), Councilmember Charles Djou, Stan Fichtman (Councilmember Djou’s Office), Lorna Heller (Board of Water Supply), Lydia Chock (Leahi Hospital), Capt. R. Green, Lt. G. Lum Lee, Sgt. C. Sukekane, Ofc. S. Forman, Ofc. J. Hendricks (Honolulu Police Department), Acting Capt. Ettinger (Honolulu Fire Department/Kaimuki Station), Darin Mar (City Project Manager, Kaimuki Parking Lot), Gregg Hutchings (President, Skateboard Organization of Hawaii Association), Lurana O’Malley, Wendy Lagareta (Waialae Public Charter School) Lee Anthony, Jr., Kelly McArthur, Glenn Yamasaki, Peter and Calla Aiello, C. and Laurel Schuster, Gordon Tam, David and Laurie Callies, S. Sonoda, Gail Lee, Jan Taketa, Norma Dang, Christiane Lucas, Caron Wilberts, Bonnie Trustin (Neighborhood Commission Office staff).
 
PUBLIC SAFETY REPORTS:
 
Honolulu Police Department (HPD):  Capt. Green, District 7, distributed crime statistics of February 1st through February 19^th, announced HPD’s website at www.honolulupd.org/patrol/d7 and reported the following:
 

• • There were 300 car break-ins and one person was responsible for 50 of them. The person is on parole which will be revoked. As part of their investigation, HPD learned that all cars this suspect broke into were unlocked and took anything that was not secured. When you see anything suspicious, call 911. If it is a long term crime or complaint, go on their website to address it.

 
Questions, answers, and concerns:
 

1. 1. Regarding graffiti on a property.  HPD does monitor reports of graffiti. They will take pictures of it and turn it into their graffiti task force. They also will attempt to contact the property owner and ask them to paint it out but it is not required that they do it because it is private property. HPD does offer support to paint out graffiti.

2.   The awning/marquee of the Queen Theatre looks unstable and could be a danger to pedestrians in the area. HPD will check it out.

3.   Capt. Green will look into and report back on an incident two weeks ago on a Sunday at Maunalani Circle where someone was seen running onto a trail in the area following a car break-in.

 
 
Honolulu Fire Department (HFD):  Acting Capt. Ettinger, Kaimuki Station, reported January statistics:
 

• • There were 12 miscellaneous calls, 93 medical calls, 1 rubbish, 1 brush and 3 structure fires.

 

• • Fire Safety Tip: Fire, building, U.S. postal codes and City ordinances state property owners shall place their house numbers so it is legible and readily visible from the street to assist the Honolulu Fire Department and other first responders in locating houses quickly in an emergency.

 
Board of Water Supply (BWS):  Lorna Heller, the new BWS representative, distributed announcement on the background of water main breaks which have declined since the 1990s; and reported on:.
 

• • One main break of a six inch pipe at 3757 Mariposa Drive on January 23rd.

·         The BWS 2008 Conservation Calendar contest welcomes submissions by Kindergarteners through sixth grade students. Entry deadline is March 13th.

·         Heller will advise the engineers of the depressed street pavement at 4600 Sierra Drive.

·         Heller will advise the community when the upcoming project begins; which is separate from the Sewer Improvement Replacement Project on Wilhemina Rise.
 
The agenda was taken out of order.
 
BOARD VACANCIES:– There were no volunteers to fill the three seats in Sub-District 1 bounded by Waialae, 12th and Alohea avenues, Huanui Street, Pu`u Panini Avenue and Luawai Place. Chair Hernandez encouraged people to attend meetings if they live in Sub District 1 so the seats can be filled.
 
Chair Hernandez returned to the regular agenda order.
 
PUBLIC INPUT AND CONCERNS:

 

1.   Resident Yamasaki questioned how social security could be increased for senior citizens? He asked to end the sale of pocket knives in the city.

2.   Resident Laurel Shuster, asked about the sink hole at the 4600 block of Sierra Drive where it has been patched over many times and is not helping. Shuster mentioned a project five years ago of repair and replacement work on Sierra Drive which was abandoned and, over the years, damage to the roads continue. Heller will follow up.

3.   Tam reported an on 8th Avenue between Waialae and Harding avenues has lumpy patches and need            to be repaired.

 
UNFINISHED BUSINESS
 
Kaimuki Park Construction Projects’ Updates:  Eugene Lee, Director of the Department of Design and Construction (DDC), Gail Hariguchi, Deputy Director, Department of Parks and Recreation (DPR) and Mike Smith, Supervisor, DPR were in attendance to answer questions. Mr. Lee reported the following:
 

• • Mauanalani Recreation Center was dedicated two weeks ago, however, the building was not fully open or operational due to staff scheduling that need to be worked out.
• • The swimming pool at Kapalono Park was turned over to DPR a few weeks ago.
• • Rehabilitation of Kilauea Avenue will begin soon beginning with tree work, then concrete work on curbs and gutters and will be fully completed in a year.

 
Questions, answers and concerns:
 

1.   There was no opportunity for neighbors to give comments prior to construction of the Maunalani Park renovation. Projects begin when a need is noted, then capital budgeting starts in August or September, next a consultant is selected and design for the project is put out to bid. The whole process could take three to four years. The DPR is the City’s customer.

2.   Telephone lines for the Maunalani Center were listed as additional work instead of arranging the work           through Hawaiian Tel that would have cost a couple thousand dollars through a change order. DPR        decided to do it at the end of the job instead of doing a change order. It will be a minimal installation             charge and then a recurring bill of approximately $50 per month for the phone service at the facility.

3.   Director Lee stated it is a simple procedure to change the access to handicapped parking that was sloped incorrectly by the contractor and still needs fixing.

4.   Lee reported there were 11 change orders for this project which is considered a low number for a project of this magnitude. The building was turned over to DPR but the building is not opened yet. Gail Hariguchi asked Mike Smith to explain some of the issues concerning this. Smith handed out a one page explanation of how to get a permit to use park facility and reported the following:

 

a.        The Maunalani Park facility was an expensive repair and has no full time staff to monitor the facility so it is closed unless permitted for use. Call Kathy Cho at the Kaimuki Recreation Center to issue a permit for an hourly fee of $10.00. This is the standard cost for any facility without full time staff, as for instance, at the Waialae Golf Course Clubhouse.

b.        Restrooms are open daily from 6:30 a.m. and closed at 2:30 p.m. Monday through Friday. Smith is working on securing a contract to extend the time to the evening.

c.        Smith noted the park phone is intended for the part time worker’s use in an emergency, such as calling in a medical emergency, so it is for park use and public safety.

d.        The distributed “permitted Usage” handout regarding “no public events” means no weddings, babies’ birthday parties and luaus in the park, which are private events, because events must be open to the public.

e.        Organizers of marathons in Kapiolani Park pay for all necessary fees and permits for land use, selling things and more. If people want use of a specific area of a park, they need a permit to keep one group from using the park to the exclusion of the public.

f.          Smith asked the public to follow posted rules of the park:  no animals, no littering, no drinking, etc.

g.        Permitting for picnics needed only if 50 or more people will attend.

h.        In the past, the Parks Department did not have the staff to monitor all the drinking that was going on at this facility and all the litter that created.

i.          Hariguchi will take the suggestion of area residents taking responsibility to open and close the bathrooms on weekends to Corporation Counsel.

j.          Smith will submit a work order for the tennis court lighting. DPR is aware that there is significant deterioration of fastening materials and that this poses a potential hazard to park users.

 

5.   Lee apologized to the Board and Ishibashi when he gave Ishibashi misleading information last          month about when the park was being handed over to the Department of Parks and Recreation.     Unfortunately Lee was not given correct information by his staff.
 
Update on Kaimuki Parking Lot – Darin Mar, City Project Manager, reported the lot was repaved and structurally completed at the end of January. It will have a new attendant booth within the next month allowing an intercom system to be installed and connecting all pay stations and exit/entry gates to the attendant booth and accepting credit cards.
 
Questions, answers and concerns:
 

1. 1. Mar is not sure about the arrangement for the lawn maintenance. That contractor will also do the parking lot area and sidewalk.
2. 2. DTS recommends using the pay on foot stations and exiting out of an unattended exit to expedite leaving the parking lot.
3. 3. Call him with any questions at 768 – 8353 although he will not be at the next month’s meeting.
4. 4. Tam appreciates the well done repaving and the booths to pay, making exiting very easy and others appreciate it also.

 
APPROVAL OF MINUTES
 
Minutes for November 21, 2007 - The minutes were accepted as submitted.
 
Minutes for January 16, 2008
 
The following correction was made to the January minutes:
 

Page 1 – Board of Water Supply paragraph - Change “Maoni” to “Moani”.

 

The minutes were approved as corrected.
 
 
NEW BUSINESS:   FOR ACTION: Discussion/update of pending Adult Residential Care Homes (ARCH) Chair Hernandez learned more about ARCHs since the last KNB meeting. He reminded the audience that this board, functions to raise awareness about existing laws and fostering communication among residents to promote compliance with the law and advocate for new laws when necessary. Dr. Jackson reported that no legislation relating to ARCHs has moved out of committees at the Legislature.
 
Tam moved and Rybacki-Smith seconded the motion to adopt the Resolution Relating to Adult Residential Care Homes. Discussion ensued.
 
Chair Hernandez read the entire resolution for the benefit of the audience.
 
Questions, answers and concerns:

 

1.   Senator Ihara said both the senate and house bills regarding ARCHs died. Last year the Attorney General explained federal law pre-empts state law so they should pursue action to seek a federal law change to amend the current state law on issues that affect health and safety and allow the City to adopt ordinances in this area. Senator Ihara is researching notice requirements for a state notice process.
 

2.       Cone commented and was concerned about what type of facility is planned and if the operator would be fully compliant with all relevant statutes.
 

3.       Dr. Jackson noted it is essential to define the roles of the State Department of Health and the City and County. The potential operator on Maunalani Circle, Mrs. Mosher, recently testified she desires to open an ARCH I facility (housing 5 or fewer patients) and one of those patients might have dementia.

 

4.       Chair Hernandez added that at last month’s meeting the board did not know the exact parameters of the proposed ARCH on Maunalani Circle.

 

5.       Dr. Jackson proceeded to explain that an ARCH 1 does not require a Conditional Use Permit for it is considered a residential dwelling. The operator applies to the DOH when all requirements for the site are in order in the set of rules in Chapter 100.1 posted on the DOH website that states what needs to be satisfied to be licensed. The DOH is the regulator and enforcer of these rules. They take seriously their role to assure quality care. The DOH makes unannounced visits to facilities about which they have questions or complaints from people who have observed irregular behavior. When DOH makes a recommendation, the owner must make changes within a given time frame and fines can be charged, however, if corrections are made in the noted time frame, the operator is released from payment. The DOH works diligently to maintain the health and welfare of all involved in an ARCH. Dr. Jackson will follow up to see if the public can see the proposed operators’ plans for operation, as requested by Chair Hernandez.

 

6.       For housing more than 8 residents, ARCH IIs require a Conditional Use Permit with an entirely different set of requirements than an ARCH 1. The DOH considers two neighboring or two homes as two separate businesses and each must meet the standards for their business separately. Chair Hernandez thanked Dr. Jackson for helping input which helps to educate residents about the issues. There are strong feelings on balancing the rights of homeowners and care home residents. He hopes to promote constructive dialogue to bridge differences and identify workable solutions.

 

7.       Tam felt the proposed resolution affirms the Board’s goal to foster dialogue among community members.

 

8.       Resident C. Schuster was at the last meeting and found the public’s sentiment to be overwhelmingly on the side of home owners in the area, who are concerned about all the implications of another care facility in the neighborhood. He appreciates the resolution presented tonight and would like concerns of area residents to continue being heard.
 

9.       Resident Kelly MacArthur has been a care giver for the last ten years and an advocate for the elderly. She believes in ARCHs because they are an assisted living home that allows relatives to be near family. It is not like a nursing home. They can be a positive influence in a neighborhood.
 
The Kaimuki Neighborhood Board No. 4 ADOPTED the Resolution on Adult Residential Care Homes by acclamation. (6-0-0) (See attached).
 
Waialae Elementary Public Charter School (WPC):  Wendy Lagareta, the Chief Educational Officer, explained what is required by law for the members of their school board, all of whom are volunteers. They act on behalf of the school to make sure the school operates at the best of their ability and follow the laws of the Charter Schools. This school is the first of the conversion school to a charter school. To expand their community awareness, she and Lurana O’Malley came to introduce themselves and gave the following information:
 

• • Their 400 children are in grades kindergarten through grade 5; 52% of the students live in another school district.
• • It is a public school with free tuition.
• • They use many different curricular opportunities to teach their children.
• • They are totally responsible for their own budget.
• • Located between 19th and 20th Avenues and between Harding and Pahoa.
• • WPC strives to build partnerships with Kaimuki businesses and partners with community organizations including Kapiolani Community College and Chaminade University. This year they also marched in the KBPA Christmas Parade.

 
Lurana O’Malley asked for those interested in filling one of several two-year school board terms, to fill out a form and find out more about the school at their website: www.waialae.edu.
 
ELECTED OFFICIALS
Mayor’s Representative - Jay Ishibashi reported the following:
 

• • The Mayor’s State of the City Address will be broadcast on KHNL radio tomorrow at 10:00 a.m. and on the City’s website at www.honolulu.gov.

 

• • Ishibashi will follow up with fixing the pavement between Harding and Waialae Avenues on 8th Avenue where it is extremely uneven.

 
Councilmember Ann Kobayashi – Councilmember Kobayashi was not in attendance; her report was circulated.
 
Councilmember Charles Djou – Councilmember Djou distributed his newsletter and was open to questions for Councilmember Kobayashi.
 

• • The following issues were approved by law this year: 1) The City can install photo bouquet systems for solar energy 2) It is illegal to aggressively solicit anyone 10 feet from an ATM machine.
• • Currently Councilmember Djou is working on: 1) Allowing any City worker to be scrutinized by the City’s Ethics Commission; currently it only involves 11 people. 2) The City Council is considering legislation on whether or not to have term limits for neighborhood board members.

 
Questions, answers and concerns:
 

1. 1. Councilmember Djou feels current board vacancies does not change the ability to serve consecutive terms but opens up a seat so someone else can serve.
2. 2. A board member can run again after sitting out for a two year hiatus after serving 4 consecutive two-year terms.
3. 3. Chair Hernandez appreciates how available Councilmember Djou’s office is to the public and Djou thanked Chair Hernandez for his work on the Maunalani Park renovation.
4. 4. Councilmember Djou wants curbside recycling immediately island wide; it is supposed to start in 2009.

 
Governor Lingle’s Representative:  Dr. Susan Jackson highlighted items from the Governor’s State of the State presentation:
 

• • The issue of preserving Turtle Bay will be discussed with the community at a talk story session March 4th at the Kahuku High School cafeteria from 6:30 – 8:30 p.m.
• • A legislative initiative is being discussed on the State signing a long term agreement to establish the Hawaii Clean Energy Initiative to create an economy in our state based primarily on clean energy and how we could become a model for clean energy.
• • How to deal with serious health care provider shortages in the state. Dr. Jackson thanked those who submitted testimony on ARCH bills.

 
Senator Les Ihara:  Senator Les Ihara reported the following:
 

• • House and Senate bills before the legislature provide for the following exemptions to the Sunshine Law: 1) being able to meet without a quorum 2) board meetings could be attended by more than two board members.
• • Senior Citizen bills being considered would 1) strengthen the safety net for seniors and care givers who need services 2) give home modification tax credit of $8 million affording 4,000 people $4,000 per year 3) give family caregiver tax credits to fund kupuna care for people who have care plans that do not cover their expenses.
• • Consumer Protection bill for Pre-Need Funeral Plans would protect those from funeral homes misusing trust fund fees, paid to them by customers for future services, creating a huge debt.
• • Gregg Hutchings was elected President of the Skateboard Office of Hawaii Association (SOHA) representing the effort to get a skateboard park in the area. However, the State says it does not have the money to fund the project and neither does the City. Private funds are being sought in order to establish the Skate Park in the Waialae corridor.
• • Senator Ihara is on the Hydrogen Fund Investigation Task Force concerning procurement issues. 

 
Questions , answers and concerns:
 

1. 1. An ARCH, whether it is appropriate for 8 or more people could be lowered by an ordinance or where its warranted. A Conditional Use Permit process is not meant to be a barrier. It would have to change State law.
2. 2. Adult Residential Care Homes Association provides services to care homes compatible with communities but not in a heavily populated area.
3. 3. There are not many state police because there are not many state highways.

 
Representative Calvin K.Y. Say:  Calvin Azama reported for Representative Calvin Say that the main concern of the legislature is to balance the State budget to provide funding for essential programs and give tax credits where appropriate:
 

·           A bill lifting the cap on corporate contributions to a candidate or a candidate’s committees passed the second reading.

·           The Speaker supports this campaign spending bill protecting the interests of corporations to make unlimited contributions.
 
There were no questions for Representative Say.
 
Representative Scott Nishimoto:  Representative Nishimoto was not in attendance.
 
Representative Lyla Berg – Representative Berg distributed her newsletter and Representative Scott Nishimoto’s newsletter. She announced the following:

 

• • The bill she introduced supporting ARCH II’s required the applicant for a license to operate an ARCH II to publish a public notice and require the DOH to hold a public hearing in that facility’s district but the bill did not get very far.
• • The campaign spending bill is on the list for third reading.

 
State Representative Barbara Marumoto:  Representative Marumoto distributed her newsletter and announced that Representative Neil Ambercrombie will make a presentation to the State Legislature to require DNA collection from those arrested for a felony.
 

• • The Governor released funds for a new roof to be installed at Leahi Hospital.
• • Representative Marumoto’s bill, HB 2364, requiring minors ride all terrain vehicles with helmets passed out of the Transportation and Consumer Protection Committees and is wating to be heard by the House Judiciary Committee.
• • HB 1512 Representative Marumoto co-sponsored which allows one less than quorum of neighborhood board members to attend meetings pertaining to board business. It is awaiting hearing by the Senate Judiciary Committee.

 
There were no questions for Representative Marumoto.
 
TREASURER’S REPORT:  Deferred until the next meeting.
 
ADJOURNMENT:  The meeting adjourned at 9:10 p.m.
 
Submitted by:
 
 
Bonnie Trustin
Neighborhood Assistant
 

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