1. On Thur/12 Jan 2023, the Editorial Board of Honolulu Star Advertiser weighed in on Manoa Banyan Court with an Editorial (text provided below):
=============== OUR VIEW MANOA BANYAN COURT Consider benefits of senior housing Community pushback against senior rental projects in residential areas is nothing new. One particularly strenuous fight occurred more than a decade ago over Mililani’s Meheula Vista complex, located on a site that some neighbors said they wanted for a performing arts center. Other complaints involved traffic worries, and a change that limited the number of tenants with a car helped to address that. The project finally opened in 2017. The battle already rumbling over the proposed Manoa Banyan Court affordable-rental project for seniors is another such case. And here again, there should be a way to allow for more affordable units to be built, given the critical need for them. However, it will take a lot of careful vetting of some legitimate community concerns and enforceable conditions placed on the project to ensure that compromises and assurances are respected. Among the biggest hurdles to overcome here? A general lack of trust between the vocal opponents of the 288-unit complex and the landowners, the Manoa Chinese Cemetery. The cemetery is adjacent to the site for the four phases of the development, which would sit on roughly 8 acres of the wooded property. Both cemetery and project site are owned by the nonprofit Lin Yee Chung Association, which has filed a draft environmental assessment (EA) on the development with the city Department of Planning and Permitting. According to a Dec. 12 cover letter, department officials “anticipate a finding of no significant impact” from the project. Public comments on the EA will be taken through Jan. 23; comments should be emailed to [email protected]. The document is online (808ne. ws/ManoaBanyanCourt), with a paper copy viewable at Manoa Public Library. The public response is sure to be voluminous. Kealii Lopez, AARP state director, acknowledged that the organization has not taken an official stance on this project but, rightly, is generally concerned about community opposition. “We all want seniors to age in place,” she said, “But first they need a place.” Among the critics is Lance Luke, a former trustee of the cemetery who said the adjacent property always has been intended for use to expand the cemetery itself. In a telephone interview with the Honolulu Star-Advertiser, Luke also said the EA does not sufficiently examine the possible presence of ancestral Hawaiian remains on the site. It cites a historical review showing the likelihood that the area was cultivated in taro, which makes it “very unlikely” traditional burial sites would be there. But Luke opined that a full environmental impact statement should be done. This, of course, would delay the project, at the very least. Part of the project site is preservation land but it would be built under a state law, 201H-38, which provides an exemption for affordable housing, regardless of that zoning. Charles Wong, president of the cemetery association, has countered that opponents’ true issue is a bias against lower-income people moving into an affluent neighborhood, “because the rich people don’t want to live next to the poor people.” That blanket assertion is patently unfair. Neighbors have reasonably raised concerns about runoff, traffic and the loss of forested area, and after review, there should be conditions set to soften any impact on the community. That said, there is a real state interest in creating affordable homes for seniors. According to the state’s 2020-2030 “Hawaii Housing Demand” report, elders account for 13% of the state’s total housing shortfall. That’s up from 9% in 2016. Manoa Banyan Court, if done properly, could be a model for how some of that deficit could be erased. =============== 2. This Star Advertiser Editorial marked a new milestone of statewide public awareness of the proposed Manoa Banyan Court development. The Editorial cited legitimate community concerns about the development's large scope/scale, highlighted how 201H-38 exemptions may permit development of preservation zoned land, condemned LYCA President Charles Wong's outrageous unfair claims against the community, and explained how the public may submit comments on the MBC Draft EA to DPP (Mr. Zach Stoddard) during the public comment period ending 23 Jan.
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Today (08 Jan 2023) Honolulu Star-Advertiser ran a Sunday Front page report by Ian Bauer ([email protected]) on Manoa Banyan Court. This controversial precedent-setting 201H-38 project is starting to draw warranted state-wide attention. Sharing pic of Mr. Bauer's multi-page report below:
https://drive.google.com/file/d/1F2Dzl7Bk0xpWlMNN_OeEoskwaOWUveTv/view?usp=sharing Long-time Manoa resident Seth Kamemoto produced two new youtube videos. Video #1: Seth's personal perspective on detrimental water and flood impacts from the proposed Manoa Banyan Court (MBC) development project. Video #2: Seth's presentation to the Manoa Neighborhood Board meeting on 04 Jan 2033 regarding the latest Manoa Banyan Court Draft EA. Letter to the Editor titled: Account for sewage in Manoa condo project
Honolulu Star Advertiser, Honolulu, Hawaii, 06 Jan 2023. by Bob Grossmann Part of the city’s environmental assessment of the proposed Manoa Banyan Court condominium project should be the assurance that additional sewage flow from the 288 units will not overburden the already failing infrastructure. Recent sewage spills on Lowry Avenue (about 100,000 gallons from two spills in December 2021 and January 2022) have polluted the Manoa Stream and the Ala Wai Canal. The city failed to respond to the previous Manoa Neighborhood Board chairperson on the scope of rainwater entering the sewer system or the mitigation required. But, given that moderate rains now have caused spills, the infrastructure is likely worsening and could deteriorate more rapidly. Furthermore, the 2004 flood that greatly impacted parts of the valley and university was only a 20-year rain event. These flood waters cut into the top of the sewer line between Woodlawn and Akaka Place, resulting in raw sewage affecting anyone cleaning up the mess along the stream. The city never publicly disclosed this health risk. Background info:
Lin Yee Chung Association (LYCA) is a Hawaii Domestic Non-Profit Corporation since June 7, 1889. LYCA is required to file an Annual Filing to State of Hawaii Department of Commerce and Consumer Affairs (DCCA), as well as updates to articles of incorporation/bylaws which are publicly available. (Ref: A) LYCA is also registered as a 501(c)(13) non-profit cemetery company with the U.S. Internal Revenue Service (EIN: 99-0046605). LYCA is required to file annual Form 990 tax returns which are publicly available (Ref: B). Some Observations: 1. MANOA BANYAN COURT WINDFALL? Not long after he became LYCA President in 2017, Charles Wong submitted on 13 July 2018 an Amendment to LYCA’s Articles of Incorporation (Ref: C, D). In LYCA’s 2018 amended articles of incorporation, Charles Wong added new language as follows: “The Corporation may, however, pay compensation in a reasonable amount to its members, directors, or officers for services rendered." For the first-time possibly since its founding in 1852, the LYCA Board of Directors may authorize themselves compensation “for services rendered” as they deem “reasonable”. (Ref: D) On 21 Oct 2022, LYCA President Charles Wong submitted Articles of Incorporation for a new 501C(3) called "Manoa Banyan Court Development Corporation (MBCDC)" whose members include all the LYCA Officers/Trustees, and whose MBCDC officers are Patricia Chinn MD (President), Weiland Tang (Treasurer), Nancy Lam (Secretary). In the Oct 2022 MBCDC Articles of Incorporation submitted by Charles Wong, it states: “Unless the bylaws provide otherwise, the Corporation may pay compensation in a reasonable amount to its members, directors, or officers for services rendered.” Sound familiar? (Ref: E) Draft Manoa Banyan Court Phase 1 Pro Forma Operating Budget and Rental Income (Phase 1 consists of just the first 72 units of a 288 unit complex) appear to indicate significant operating income is anticipated by the developer. (Ref: F, G) 2. LYCA GOVERNANCE: WHO DO THE LYCA TRUSTEE SERVE, AND TO WHOM ARE THEY ACCOUNTABLE? In the 2018 amendment of LYCA articles of incorporation, Charles Wong reduced the minimum required number of LYCA voting members to conduct business from 15 voting members to three (3). Furthermore, the 2018 amendment seems to have done away with LYCA members entirely, stating in Article VII: “The Corporation has no members.” However, Article VII seems to be at odds with the 1964 LYCA bylaws which established a member-based governance structure, with guidelines for several classes of LYCA membership, and how to become an LYCA member, including electing “regular members from among those in the community at large who are interested in public service and who are sympathetic to the purposes of the corporation.” Are the LYCA Trustees now beholden only to themselves? (Ref: D, H). 3. ABANDON SHIP? There have been a growing number of departures from LYCA’s Board of Directors since Charles Wong became LYCA President in 2017. According to their 2017-2022 Annual Filings with DCCA, the number of LYCA Trustees shrank from 18 Trustees in 2017 to possibly as few as 9 Trustees currently. (Ref: C, I, J, K, L, M, N) LYCA Officers/Trustees listed in LYCA’s 2022 Annual Filing to DCCA include (Ref: L): President, Charles T.Y. Wong, 46-107 Lilipuna Rd., Kaneohe, HI 96744 1st Vice President, Glenn M.A. Pang MD, 1428 Alewa Dr., Honolulu, HI 96817 Treasurer, Weiland Tang, 3332 Hayden St., Honolulu, HI 96815 Secretary, Carol Mun Suzuki, 1806 B Palolo Ave., Honolulu, HI 96816 Superintendent, Robert W.C. Wong, 252A Kalama St., Kailua, HI 96734 Trustee, Patricia Chinn MD, 2228 Liliha St. #403, Honolulu, HI 96817 Trustee, Kevin S.K. Ching, 3401 Maunaloa Ave., Honolulu, HI 96816 Trustee, Leslie G.T. Young, 1506 Ala Mahamoe St., Honolulu, HI 96819 Trustee, Howman Lam MD, 1838 Kihi St., Honolulu, HI 96821 Trustee, Nancy Lam, 1838 Kihi St., Honolulu, HI 96821 Note: we understand long-time LYCA 1st Vice President/Trustee Glenn Pang, MD recently resigned from LYCA. 4. FAILING TO MAKE ENDS MEET SINCE CHARLES WONG BECAME LYCA PRESIDENT. LYCA’s 501(c)(13) annual tax filings to the Internal Revenue Service (Form 990) show LYCA was financially "in the black" from 2004-2017. Then, Charles Wong became LYCA President in 2017. From 2018-2020, LYCA reported mounting operating losses (and for some reason, more legal expenses), no longer “in the black” but now “in the red.” See graphs: https://www.causeiq.com/organizations/lin-yee-chung-association,990046605/ (Ref: B, C, O, P, V) LYCA’s 2018 Amended Articles of Incorporation state “the Corporation shall not carry on any activities or engage in any business not permitted to be carried on (i) by a corporation exempt from federal income tax under Section 501(c)(13) of the Internal Revenue Code of 1986 (or any future corresponding provision).” (Ref: D) Would any LYCA expenditures related to its pursuit of the Manoa Banyan Court development be compliant with IRS Guidelines for 501(c)(13) Cemetery Companies? If (hypothetically) LYCA Trustees authorized use of LYCA 501(c)(13) funds/reserves to pay for (say) legal fees/expenses related to Manoa Banyan Court, would this possibly jeopardize LYCA’s IRS 501(c)(13) non-profit status and/or its non-profit status with State DCCA? Would this be considered “good stewardship” of Manoa Chinese Cemetery? Link to IRS guidelines: https://www.irs.gov/publications/p557#en_US_202201_publink1000200383 (Ref: Q) 5. FOLLOW THE MONEY? Councilmember Calvin Say ran for City Council District 5 seat (which includes Manoa) in 2020, and was elected to office in the 08 Aug 2020 primary. Calvin Say assumed his City Council seat on 02 Jan 2021. (Ref: R) According to the searchable Hawaii State Campaign Spending Commission's database for all campaign contributions from Nov 2006 to July 2022 (https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/data), the following LYCA trustees made campaign contributions to Calvin Say on the following dates (Ref: K, S, T, U): Leslie GY Young, $250, 18 Aug 2020 Patricia Chinn MD, $500, 03 Aug 2020 Glenn Pang MD, $1000, 02 Jul 2020 Glenn Pang MD, $1000, 01 May 2015 Glenn Pang MD, $500, 20 Nov 2006 LYCA’s 2018 Amended Articles of Incorporation state: “The Corporation shall not participate in or intervene (including publication or distribution of statements) in any political campaign on behalf of any candidate for public office.” (Ref: D) In a letter dated 21 Oct 2021 from LYCA President Charles Wong to Councilmember Calvin Say, Mr. Wong spells out LYCA's game plan to develop Manoa Banyan Court under Section 201H-38, and furnishes an advance preliminary copy of the Manoa Banyan Court Draft Environmental Assessment: https://drive.google.com/file/d/1EsYl_enqwxB_Ghgs887r8A_Jve5nOu6r/view?usp=sharing (Ref: W) =============== REFERENCES: (A) State Dept of Commerce and Consumer Affairs website where LYCA filings are publicly available for download: https://hbe.ehawaii.gov/documents/business.html?fileNumber=112D2 (B) LYCA’s Annual Form 990 tax filings to the IRS can be downloaded from websites like ProPublica: https://projects.propublica.org/nonprofits/organizations/990046605#:~:text=LIN%20YEE%20CHUNG%20ASSOCIATION%20HONOLULU%2C%20HI%2096813-2214,%7C%20Tax-exempt%20since%20June%201945%20EIN%3A%2099-0046605 (C) LYCA’s 2017 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1dZVGxkrFsMDG6uqWSX2ZkwPRPn8bzciu/view?usp=share_link (D) Amended Articles of Incorporation dated 13 July 2018 submitted by Charles Wong for Lin Yee Chung Association, 501C(13): https://drive.google.com/file/d/1eKDK8Scm8L_Z7FmPG5vCOhco-oagv3sm/view?usp=share_link (E) Articles of Incorporation submitted by Charles Wong on 21 Oct 2022 for a new 501C(3) called "Manoa Banyan Court Development Corporation (MBCDC)”: https://drive.google.com/file/d/1lmdTtRKOQvu2E4WhCFkB7E1ymbVAIZPS/view?usp=share_link (F) Draft Manoa Banyan Court Phase 1 Pro Forma Operating Budget: https://drive.google.com/file/d/1qM8irkzc-5t5dfrp1bEjZblpi97vqX4L/view?usp=sharing (G) Draft Manoa Banyan Court Phase 1 Pro Forma Rental Income: https://drive.google.com/file/d/1jdC-liq1dztTTGKKPg6CTLaq6KWM5Ir9/view?usp=sharing (H) Bylaws of LYCA dated 1964 (https://drive.google.com/file/d/1KCeM2xmW6pNX8qfUeD7GOGRQI2LIXCNJ/view?usp=sharing ) and LYCA amendment of Charter dated 1964 (https://drive.google.com/file/d/1qHZq864rIIZp0FnXZPuJnsP77JwzLAL-/view?usp=share_link ). (I) LYCA’s 2018 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1Hjqp9PjVEZq4MoD9FqVIilXxr00lQybz/view?usp=share_link (J) LYCA’s 2019 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1ZiDWQpsboFcVOqsViqI6EvpUq6iaM0qy/view?usp=share_link (K) LYCA’s 2020 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1vk1uJ2FoDQTbGryNX0NxW8vhG_GcDP7h/view?usp=share_link (L) LYCA’s 2021 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/19fEjlvznNXq-2-XyGLsUJZ_my-zOy_Sv/view?usp=sharing (M) LYCA’s 2022 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/16pQtgsixCS8RhuzwH90P6hZFdkKyTvjm/view?usp=share_link (N) Spreadsheet list of LYCA Trustees from 2016-2022 (https://docs.google.com/spreadsheets/d/1d7jUxR1rxkZgy1RezZyy4QmkbCei28E0/edit?usp=share_link&ouid=114108623129176669460&rtpof=true&sd=true ) (O) A summary spreadsheet of LYCA’s IRS Form 990 501(c)(13) tax filings from 2004 thru 2020: (https://drive.google.com/file/d/1K-wvcfPnB7kuVnEy4B6jF3fInAlBeGn9/view?usp=share_link). (P) Causeiq.com website: https://www.causeiq.com/organizations/lin-yee-chung-association,990046605/ (Q) Internal Revenue Service guidelines for 501(c)(13) cemetery companies: https://www.irs.gov/publications/p557#en_US_202201_publink1000200383 (R) Ballotpedia article on Calvin Say: https://ballotpedia.org/Calvin_Say (S) Hawaii State Campaign Spending Commission's database for all campaign contributions from Nov 2006 to July 2022: https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/data (T) LYCA’s 2006 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1Klg5u7F9UrQoC0LsnOGuS8rqEV3TJiXF/view?usp=share_link (U) LYCA’s 2015 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1XT3RGx2ECRnXJu0TJcyOADE-Fuk9uL4f/view?usp=share_link (V) LYCA’s 2016 Annual Filing with DCCA (Trustees listed): https://drive.google.com/file/d/1Z7afs86PlVyBqsmGDLqmV60R-uJ7q8c_/view?usp=share_link (W) 25 OCT 2021 letter from LYCA President Charles Wong to Councilmember Calvin Say, Subject: “201H Project - Manoa Banyan Court - Preliminary Draft Environmental Assessment”: https://drive.google.com/file/d/1EsYl_enqwxB_Ghgs887r8A_Jve5nOu6r/view?usp=sharing Former Lin Yee Chung Association (LYCA) Trustee Lance Luke called for stopping Manoa Banyan Court (or any type of housing development) on sacred Manoa Chinese Cemetery land. Lance Luke's 02 Jan 2023 Facebook post is provided below, asking people to sign the STOP MANOA BANYAN COURT online petition:
On 04 Jan 2023, the Manoa Neighborhood Board decisively passed a second Resolution "Opposing Manoa Banyan Court DEA as Insufficient Modification to Adequately Mitigate Detrimental Impacts to the Manoa Community".
On 07 Sep 2022, Manoa Neighborhood Board has passed an initial Resolution: "Opposing the Manoa Banyan Court project as proposed." Of note: Ms. Nani Medeiros (Governor Josh Green's nominee for Chief Housing Officer) submitted testimony asking the Manoa Neighborhood to forgo it's 04 Jan 2023 Resolution. With permission of Dr. Jeremy Lam, President of The Outdoor Circle-Manoa Branch, sharing his letter to DPP Director, Dawn Apuna which follows:
Date: December 12, 2022 To: Department of Planning and Permitting; Land Use Permits Division From: Manoa Outdoor Circle, Jeremy Lam, President Director of Honolulu Department of Planning and Permitting 650 South King Street Honolulu, HI 96813 Dear Director Apuna, The Manoa Branch of The Outdoor Circle focuses on important environmental issues in beautiful Manoa Valley. Our mission is to keep Manoa and Hawaii clean, green, and beautiful, by preserving, protecting and enhancing our environment. I write today regarding the proposed LYCA Manoa Chinese Cemetery project to build a large affordable housing on preservation land. We request that DPP delay any Draft EA publication or acceptance thereof and require a full EIS of the proposal. As a grassroots, locally-based organization that has been engaged on this proposed project from the moment we found out about it, we represent a community that demands transparency and accountability on such a proposed huge change to the single family character of historic Manoa valley. The major and significant exemptions, including 201H exemptions, seek to circumvent important environmentally-based zoning laws in single family neighborhoods. The environmental and economic consequences to stable and beautiful residential communities are important to the vitality of the city and county. The proposed project would remove a significant number of mature trees on preservation zoned land in the back of this quiet valley to build the precedent-setting three-story enormous buildings with commercial activities among many other impacts and concerns. At a recent Manoa town hall meeting of more than 300 residents held on April 30th, 2022, co-sponsored by the Manoa Outdoor Circle, dozens of varied and significant potential issues were brought up by residents. There was no time for discussion. LYCA promised to follow up on this meeting, but such a meeting has yet to materialize in any meaningful fashion. Having so many important concerns raised by residents demonstrates the need for further engagement and dissemination of factual information on the proposed project. The Manoa TOC recommends that several question and answer sessions with LYCA trustees and project consultants and concerned community members, before even contemplating the approval or disapproval of a Draft EA. Again, we request that the DPP, with the input of DNLR, require an EIS for the Manoa Banyan Court project and to give the greater community more time and opportunity to obtain answers and engage with LYCA on this major, gargantuan proposed project. We look forward to hearing from your department regarding these comments before any further action is taken to advance it. With warm regards, Jeremy Lam President, Manoa Outdoor Circle In Honolulu Star-Advertiser's "Island Voices" dated 01 Jan 2023, Manoa resident Brett Kurashige called for reform of HRS Section 201H-38 which hopefully sparks meaningful state-wide discussion in time for the upcoming 2023 legislature season.
At the 02 Feb 2022 Manoa Neighborhood Board meeting, Lin Yee Chung Association President Charles Wong said LYCA will seek to use 201H-38 exemptions to develop Manoa Banyan Court on their P2-zoned preservation forest land. To view, go to the 1 hr, 28 min mark of the meeting video. |
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