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  • Waikiki Neighborhood Board Meeting July 2017 Minutes

With Permission / Courtesy of: City and County of Honolulu Neighborhood Commission Office
REGULAR MEETING MINUTES
TUESDAY, JULY 11, 2017
WAIKIKI COMMUNITY CENTER

CALL TO ORDER - Chair Pro Tem Robert Finley called the meeting to order at 7:00 p.m.; quorum was established with 15 members present. Note: This 17-member Board requires nine (9) members to establish quorum and to take official board action.

Board Members Present - Adam Ertel, Grant Giventer, Jeff Apaka (left at 8:07 p.m.), Kathryn Henski, Laura McIntyre, Louis Erteschik, Gordon Fahey, Robert Finley, Walt Flood, Nicola Garreaud-Perez, Jeffrey Merz, Richard Poole, Kenneth Wilder, Patricia Shields, and Mark Smith.

Board Members Absent - Helen Carroll.

Guests - Sergeant Lee and Lieutenant So (Honolulu Police Department); Dominic Dias (Board of Water Supply); Lynn Fallin (Governor David Ige's Representative); Representative Tom Brower; Kurt Tsuneyushi (Councilmember Trevor Ozawa's Office); Rick Egged (Waikiki Improvement Association); Stenen Takara (Department of Budget and Fiscal Services); Jack Law, Rolf Nordall, Terry Brewer, Thomas Miller, Brent Chase, Rebecca Puglia, Rick Vega, Yoana Stoyanov, Neil Averitt, Kyle Kaiser, Tom Miller, Corey Dillman, Brian Bagnall, Robert Baird, Dawn Ward, Young Kin, Franklin Chang; Zoe Tanaka (Videographer); and Sultan White (Neighborhood Commission Office).

WELCOME - Chair Finley welcomed the community. He announced that Jeff Geck and Richard Poole are leaving the Board.

ANNUAL ELECTION OF OFFICERS
Flood nominated and Shields seconded that Robert Finley be elected Chair. The vote to elect Robert Finley as Chair PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Apaka nominated and Henski seconded that Louis Erteschik be elected Vice Chair. The vote to elect Louis Erteschik as Vice Chair PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Smith nominated and Henski seconded that Jeff Merz be elected Sub District 1 Vice Chair. The vote to elect Jeff Merz as Sub District 1 Vice Chair PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Henski nominated and Smith seconded that Walt Flood be elected Sub District 2 Vice Chair. The vote to elect Walt Flood as Sub District 2 Vice Chair PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Henski nominated and it was duly seconded that Mark Smith be elected Sub District 3 Vice Chair. Apaka nominated and it was duly seconded that Nicola Perez-Garreaud be elected Sub District 3 Vice Chair. Mark Smith and Nicola Perez-Garreaud explained their backgrounds and interests to the community. Mark Smith was elected as Sub District 3 Vice Chair by HAND VOTE: 10 in favor of Mark Smith, 5 in favor of Nicola Perez-Garreaud.

Merz nominated Kathryn Henski for Secretary. Henski passed.

Chair Finley nominated and McIntyre seconded that Nicola Perez-Garreaud be elected Secretary. The vote to elect Nicola Perez-Garreaud as Secretary PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Henski nominated and it was duly seconded that Pat Shields be elected Treasurer. The vote to elect Pat Shields as Treasurer PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).


MEETING DATE/TIME/PLACE, RULES OF SPEAKING AND OLELO BROADCAST
McIntyre moved and Erteschik seconded that the Waikiki Neighborhood Board No. 9 meet on the second Tuesday of the month at Waikiki Community Center, 310 Paoakalani Avenue at 7:00 p.m. until 9:30 p.m. The motion PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

McIntyre moved and Henski seconded that the Waikiki Neighborhood Board No. 9 adopt the following Rules of Speaking:

Anyone wishing to speak is asked to raise their hand, and when recognized by the Chair, to address comments to the Chair. Speakers are allowed two (2) minutes, and those giving reports are urged to keep their reports under three (3) minutes. Please silence all electronic devices.

The motion PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Henski moved and Flood seconded that the Waikiki Neighborhood Board No. 9 participate in the Olelo Broadcast program. The motion PASSED by UNANIMOUS VOTE, 15-0-0; (AYE:Ertel, Giventer, Apaka, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None).

Hearing no objections, the motion for the Waikiki Neighborhood Board No. 9 hold recess in December PASSED by UNANIMOUS CONSENT.

CITY MONTHLY REPORTS
Honolulu Fire Department (HFD) - No report was given.

Honolulu Police Department (HPD) - Lieutenant So reported the following:
& #8226; June 2017 Crime Statistics - There were 9 robberies, 10 burglaries, 196 thefts, 29 unauthorized entries into motor vehicles (UEMVs), 53 assaults (aggravated and simple), 2 sex crimes, 154 speeding citations, 588 parking citations, 4 loud muffler citations, and 163 citations and 10 arrests for park closures. A total of 4,187 calls were placed for service.

Questions, comments, and concerns that followed:
1. Biking and Skating: A resident raised concerns about people outside of the Waikiki Zoo. He said that they are breaking the law and that it is unsafe. Lieutenant So will inform his Watch.
2. Floatilla: Erteschik asked if HPD was concerned about Floatilla. He stated that they need to get a handle on Floatilla. Lieutenant So said that there is no law that they can enforce to stop Floatilla. He encouraged the community to pressure the Council Members for a law. He said the City is currently working with the Department of Land and Natural Resources for solutions. He said that there needs to be a law that you cannot drink alcohol while in the water. Henski stated that she thought it was illegal to drink alcohol in the water then drive. Lieutenant So said driving under the influence is illegal. The Coast Guard must address the issue of drinking in the ocean. They need probable cause, but people do not bring their IDs into the ocean. A resident asked why this has become a problem. Lieutenant So said that word got out that it was fun via social media.
3. Homelessness: A resident asked why there is homelessness in Waikiki and what HPD is doing if the mentally ill approach people. Lieutenant So responded that it is an island-wide issue. Call 911 immediately if a mentally ill person is harassing you. A resident said he noticed a difference when the sit-lie bill was being enforced. He said that the homeless people are sleeping around again. Lieutenant So said that the sit-lie bill is enforced when anyone is sitting or lying on sidewalks. If they are in the park, they are allowed to be there unless they are breaking a law. Merz stated that the sit-lie bill worked at first, but now the homeless are at the bus stations. He stated that the Department of Transportation Services (DTS) enforce it. Lieutenant So stated that everyone needs to work together in these issues. Unfortunately, HPD cannot kick homeless people off of bus stops during bus hours. They can enforce kick them off of the property after-hours. Chair Finley asked that the issue of homeless people at bus stops be brought to the Mayor's Office.
4. Park Closure: A resident raised concerns that she was kicked out of a park while trying to help a baby seal. She said a National Oceanic and Atmospheric Association (NOAA) representative was with her. Lieutenant said to call the police officer's supervisor if she had the right to be there.
5. Biki: Shields raised concerns about Biki bikers riding on sidewalks. She also reported seeing a moped on the sidewalks. Lieutenant So said that HPD is aware of the issue and officers are addressing it. He urged the community to call if they see a violation.
6. Insurance: Apaka reported not seeing riders wearing helmets. He raised concerns about insurance. Lieutenant So said that concern has nothing to do with HPD.

Board of Water Supply (BWS) - Dominic Dias reported the following:
& #8226; Main Breaks: There were no main breaks.
& #8226; 29th Annual Halawa Xeriscape Garden Open House and Unthirsty Plant Sale: Bring the family for an entire day of fun and educational activities at the BWS's 29th annual Halawa Xeriscape Garden Open House and Unthirsty Plant Sale. The event is a great opportunity for everyone to learn ways to help their gardens beat the heat and conserve water outdoors. The event will be held on Saturday, August 5, from 9:00 a.m. to 3:00 p.m. There will be a large variety of drought-tolerant, less-thirsty and native plants at reasonable prices. Some of the activities to be offered include xeriscape workshops by garden experts, keiki activities, educational booths, garden crafts, award-winning cactus and succulent display by the Cactus and Succulent Society of Hawaii, delicious food, and more! Proceeds from the event will help support educational programs and classes at Halawa Xeriscope Garden. For more information, visit www.boardofwatersupply.com or call the BWS Communications Office at 748-5041. You can also follow us on Facebook and Twitter for event details at Facebook.com/BWSHonolulu and Twitter@BWSHonolulu.

Chair Finley called a recess at 7:33 p.m.

The meeting was called back to order at 7:35 p.m.

RESIDENTS'/COMMUNITY CONCERNS
& #8226; Private Roads: Representatives from the Waikiki Grand Hotel raised concerns about the safety of the crosswalk at Lemon Road and Kapahulu Street. There should be lights at the crosswalk. They have a preference for LED lights on the road surface. Three pedestrians were hit recently. They also believe that Lemon and Cartwright Roads should be condemned and placed under ownership of the City. They do not like that businesses are run on those roads. The Waikiki Grand representatives also said that the roads were an ADA issue since there are no sidewalks. Chair Finley asked and the Waikiki Grand representatives answered that they have not spoken to Councilmember Ozawa. Henski said she has spoken to him about the same issue. The Waikiki Grand representatives asked the Board to take a stance. Chair Finley responded that since it is not on the agenda, the Board cannot vote on the issue.
& #8226; King Tides: Chair Finley announced the King Tides and Sea Level Rise Symposium on Thursday, July 13, 2017 at 8:00 a.m. to 9:45 a.m. at Neal Blaisdell Center. Join to learn about the formation of king tides, sea level projections over the coming decades, and proactive approaches for hotels and business to prepare for the "new normal" of water levels.
& #8226; Biki: A resident raised concerns that Bikeshare Hawaii is affecting private business owners. He stated that they are obstructing public sidewalks. He said that they are also sometimes on private lands. He said that his bike rental is right next to a Biki stop. It is hurting his business and other bike rental businesses. He also stated that there are not supposed to be concessions on the sidewalk. Chair Finley said that the Sub District Vice Chairs are gathering information on this issue. He also said that the Board is not opposed to Biki. Henski asked and the resident responded that he did speak to Bikeshare Hawaii CEO Lori McCarney.
& #8226; Floatilla: A resident reiterated concerns about Floatilla. He said there needs to be better enforcement or else it will turn into the Halloween party.

PUBLIC EVENTS
& #8226; Saturday, August 12, 2017, 6:30 a.m. to 11:00 a.m. Kapiolani Park, Heart Walk
??? Sunday, August 21, 2017, all day, 34th Annual Dick Evans Memorial Bike Race/Ride

APPLICATIONS FOR LIQUOR LICENSES - There were none.

ELECTED OFFICIALS
Mayor Kirk Caldwell's Representative - Deputy Director Mark Yonamine reported on the following issues:
& #8226; Motorcycles: Officers assigned to the Waikiki district monitored the activity near and around Seaside Avenue from June 19-30, 2017, but did not observe any motorcycle violations. However, a citation was issued for a liquor violation on Kuhio Avenue and Walina Street.
& #8226; Bridge Over Ala Wai: Department of Transportation Services (DTS) is developing a scope of work and identifying funding resources necessary to start planning functions which we will share in about two (2) months.
& #8226; Landscaping: The Department of Facility Maintenance (DFM) appreciates the suggestion from the resident and will consider how such viewing areas may be incorporated in Waikiki with existing City ordinances and rules.
& #8226; Chop Shop: Officers assigned to the Waikiki district made checks but did not observe a moped chop shop near the Waikiki Yacht Club. They also contacted an employee of the Waikiki Yacht Club and were informed that they did not receive any complaints of a chop shop or mopeds being stripped of parts.
& #8226; SWAT: Homelessness is a social issue and not a law enforcement issue. It is not a crime to be homeless. Persons who are homeless must be afforded the same civil rights guaranteed to all citizens. There are no additional laws or special tactics exclusive to the SWAT officers to address homeless issues. Police officers shall protect the rights of everyone in the community.
& #8226; Clean Up: Police officers can enforce littering violations when observed. They are not able to order a sit-lie ordinance violator to pick up property around the violator if he/she does not claim ownership to the items.

Apaka left at 8:07 p.m. 14 members present.

Questions, comments, and concerns that followed:
1. Homelessness: Shields raised concerns about the homelessness. She said that the community pays taxes for them. She wants the Mayor's Office to address mental health issues in the homeless population. Deputy Yonamine said that the Board should invite Director Marc Alexander to better address homelessness issues.
2. Grass Regeneration Zones: A resident said he saw grass regeneration zones being reported on the news.

Ordinance 17-13 - Steve Takara from the Department of Budget and Fiscal Services (BFS) reported on Ordinance 17-13. Certain condominium owners may now consider dedicating their properties for Residential Use for a five (5)-year period if their units are being used as a primary residence, or a long-term rental (longer than 30 days at a time). This option will allow the properties that are currently on land zoned as mixed use, hotel, or commercial, and whose Declaration of Condominium or Horizontal Property Regime specifically states that the unit is allowed to be used as residential, to be classified as Residential, and thereby eligible for the historically lower real property tax rate. Upon sale or transfer of the dedicated property, the dedication will continue for the remainder of the dedication, but will not be automatically renewed. Once expired, the dedication will be cancelled, and the new owner must file a new petition to dedicate in order to continue with the Residential Classification. Failure to observe the restrictions will result in a paramount lien upon the property, as well as rollback taxes and penalties. This Residential Use Dedication will replace any previous methods by which condominiums on non-residential zoned lands were allowed to be classified as Residential. Previously approved Declaration Regarding Condominium Use forms are deemed to be invalid. A Home exemption will no longer automatically qualify a property for classification as Residential. Should you have any questions please contact 808-768-3799.

Questions, comments, and concerns that followed:
1. Category: Flood asked and Takara answered that renting over 30 days is the long-term residential category.
2. Apartments: Wilder asked and Takara answered that this Residential Use does not include apartment buildings, only condominiums.
3. Mixed Use: Erteschik asked and Takara answered that this Residential Use would apply to individual units.
4. Taxes: Wilder asked and Takara answered that if you do not opt into the Residential Use, you will be presumed to be in a commercial unit and taxed at a higher rate.
5. Clarification: Wilder asked several clarification questions. All information is in the mail out letters sent in June 2017 to applicable Waikiki residents.
6. Out-of-State Owners: Shields stated that a lot of high-end condominiums are owned by people who do not live in Hawaii. She asked if they are being charged a higher rate. If they are not in the short-term industry or hotel pool, then they are not charged higher rates.
7. Enforcement: A resident raised concerns about difficulty enforcing if a tenant is short-term or long-term.
8. Homeowner's Exemption: A resident asked and Takara answered that even if you have a homeowner's exemption, you still need to dedicate your living area to Residential Use.

Governor David Ige's Representative - Deputy Director Lynn Fallin of the State Department of Health (DOH) Behavior Health Services Administration circulated a newsletter and reported the following:
& #8226; Food Vendors: Deputy Fallin reported that the food vendors on Lemon and Cartwright Roads have had their permits expire on Monday, May 29, 2017. Contact the DOH with specific time of day and business hours when reporting illegal vendors so that they can check while they are there.
& #8226; Chop Shop: Deputy Fallin followed up with the Department of Land and Natural Resources (DLNR). She reported that area with the chop shop, near the Waikiki Yacht Club, is split between several jurisdictions, so it is hard to enforce. Everyone needs to work together to solve the issue.
& #8226; Floatilla: The DLNR has partnered with the US Coast Guard, Life Guards, and HPD in providing safety coverage during the Floatillas. They are asking for an inter-agency solution to the issue. Current laws do not ban Floatilla-types of activities. Enforcement of underage drinking laws in the water is difficult.

Questions, comments, and concerns that followed:
1. Floatilla: Smith said that these parties were once thrown in Kaneohe Sand Bar. The City should do in Waikiki what they did to stop the parties there. Henski asked who sponsored the event. Deputy Fallin said there were no sponsors. It is an informal event. A resident said that HPD patrolled the area well. He said that rash was picked up. He said that it was better than previous years when Floatilla was held.
2. Dust: Erteschik and Henski reported that there is dust being kicked up by the construction of the new Denny's restaurant.

Representative Tom Brower - Representative Brower reported that he was at the Ala Wai Small Boat Harbor meeting. Participants expressed a desire to see a first class marina with amenities, security, maintained bathrooms, a proactive Harbor Master, and youth training. He reported that there has been a loss of street parking due to Biki. There are also concerns about the safety of riders. Some are reported to ride on sidewalks. He circulated a handout.

Questions, comments, and concerns followed:
1. Biki: A resident reiterated concerns about Biki. He said it was killing other people's businesses. Representative Brower said it could be an instance of the government picking a winner. The resident said it was similar to a monopoly. Flood said that Bikeshare Hawaii is a non-profit. Representative Brower said that could be a way to get around some things. He stated that the private sector might do better. A resident said that Neighborhood Board No. 5 also raised concerns about Biki.
2. Special Session: Erteschik asked for any observations on the special session. Representative Brower stated that there was a lot of pressure to pass legislation on rail funding.
3. Shower Drains: A resident raised concerns about the showers in Waikiki draining into the water. Representative Brower said that DOH will have to update.

Councilmember Trevor Ozawa - Kurt Tsuneyushi reported that the office is working with Biki for better solutions on how to integrate Bikeshare into the community. He said that there are ads on the bikes that could be replaced with rules of the road. They are also working on solutions for the Floatilla issue.

Questions, comments, and concerns followed:
1. Biki: Erteschik reiterated concerns about Biki.
2. Park Rangers: A resident asked if there would be park rangers. Tsuneyushi answered that they do not know at this time, but Councilmember Ozawa is in favor of park rangers to enforce laws that HPD looks over.
3. Golf Courses: A resident thanked Councilmember Ozawa for changing the rates for juniors to play at golf courses. He asked on the status of the Port Lock gate condemnation.
4. Interagency Homeless Taskforce: Tsuneyushi announced that Resolution 17-145 was approved, creating an Interagency Homeless Taskforce to help with homelessness issues.

Waikiki Improvement Association - Rick Egged reported that Bill 63 and 64 which established the Waikiki Transportation Management Association (WTMA) are up for the public hearing on Wednesday, July 12, 2017. He reiterated concerns about Floatilla.

Questions, comments, and concerns followed: WTMA: Wilder asked what WTMA does, and Egged informed that Bills 63 and 64 are meant to solve traffic issues in Waikiki. Chair Finley said that Egged has been updating the Board for the past 18 months on behalf of with Waikiki Improvement Association. A lot of issues have to do with parking control and enforcement.

APPROVAL OF THE JUNE 11, 2017 REGULAR MEETING MINUTES
The June 11, 2017 regular meeting minutes were APPROVED BY UNANIMOUS CONSENT as amended, 14-0-0; (AYE:Ertel, Giventer, Henski, McIntryre, Erteschik, Fahey, Finley, Flood, Garreaud-Perez, Merz, Poole, Wilder, Shields, and Smith; NAY: None; ABSTAIN: None). Amendments: On Page one (1) in paragraphs two (2) and three (3) of the HPD report, Lieutenant Flood should be replaced with Lieutenant So.

REPORTS
Treasurer's Report - Shields reported $110.12 remaining. The report was filed.

Subdistrict 1 - On Monday, July 17, 2017 to Friday, July 21, 2017, Hawaiian Electric Company will be replacing powerlines on McCully and Lime Street. Expect traffic congestion.

Subdistrict 2 - Flood reported that 2112 Kuhio Avenue building will be on sale.

Subdistrict 3 - Smith observed that Biki has been very popular. He said it is hurting the Segway industry.

Chair Report - Chair Finley stated that he attended the Ala Wai Boat Harbor meeting. Over a hundred people attended and the meeting was well run and productive. At no time did DLNR get into the financing plan to support the improvements the attendees requested. For those of you who follow Waikiki Business Improvement District, Jan Yamane has retired and the new President is Jennifer Nakayama. Two (2) Neighborhood Boards have resolutions to oppose the pricing for BikeShare. Chair Finley has chosen to ask the Sub District Chairs and Vice Chair Erteschik to look into the bikeshare operations as they impact Waikiki and to report issues back for Board consideration. Since it just started, they should have time to work out startup problems before the Board gives support or opposition to the project.

ANNOUNCEMENTS
& #8226; The next regular Waikiki Neighborhood Board No. 9 meeting is scheduled for Tuesday, August 8, 2017 at 7:00 p.m.
& #8226; View this meeting on Olelo Channel 49 at 9:00 p.m. on the 4th Tuesday each month, and at 6:00 a.m. on the 1st and 3rd Sunday of each month. View online at: http://olelo.granicus.com/ViewPublisher.php?view_id=30

ADJOURNMENT: The meeting adjourned at 9:26 p.m.

Submitted by: Sultan White, Neighborhood Assistant I
Reviewed by: Anela Kekoolani, Neighborhood Assistant I

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