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NEIGHBORHOOD COMMISSION
MONDAY, MARCH 12, 2007
MINUTES OF THE REGULAR MEETING
2ND FLOOR,
CALL TO ORDER: Chair Grant Tanimoto called the meeting to order at 7:10 p.m.
MEMBERS PRESENT: Clara Ching, Bernard Kaahanui, Jeanette Nekota, Kalene Sakamoto, Grant Tanimoto, Sylvia Young.
MEMBERS ABSENT: Sheila Apisa,
STAFF: Joan Manke (Executive Secretary), Michelle Kidani (Executive Assistant), Marie Richardson (Neighborhood Assistant).
GUESTS: Myrtle Nyuha and Larry Veray (Pearl City Neighborhood Board No. 21), Ron Lockwood (Chair, McCully-Mo'ili'ili Neighborhood Board No. 8), Cynthia Rezentes (Waianae Neighborhood No. 24), Tom Smyth (Chair, Downtown Neighborhood Board No. 13) Don Kitaoka (Deputy Corporation Counsel),
ROLL CALL OF COMMISSIONERS: A roll call of Commissioners was taken and a quorum was present with five (5) members in attendance.
FOR INFORMATION:
A. Executive Secretary's Report: Manke reported on the following:
- Budget: The Mayor's budget for FY 2007-2008 has been submitted to City Council. The Budget Committee will review the NCO budget tomorrow at 9:30 a.m. in the amount of $819,439, which is $220,000 less than the current fiscal year (election year).
- Election Update: On March 23 paper ballots, candidate profiles and voter numbers will be mailed to registered voters in neighborhoods with contested races. As part of a demonstration project, voters will be given the option to vote online as an additional method of voting. Like previous years, registered voters in areas of uncontested races will not receive paper ballots in the mail. They will, however, have the opportunity to vote online by requesting a voter number at www.nbvote.com and the voter will be sent to them in the mail. A visit to the NCO website at www.honolulu.gov/nco will show the
- Audit: An interim report to the City Auditor is due March 31, 2007.
- Council Task Force on the Audit: The Council Task Force met this afternoon and lacked a quorum. The next meeting is scheduled for Monday, April 2, in the Council Committee Room at 4 p.m. Board chairs have been invited to attend to give input and respond to questions posed by the Task Force members.
- Installation Ceremony: The installation ceremony for elected board members have been set for Saturday, June 2, 2007 with a similar format as the previous year to incorporate orientation and sunshine law training workshops. The program will begin at 8 a.m. and end at noon. It was pointed out that high school graduations may conflict with this date.
6. Questions, comments and concerns followed:
Smyth questioned how would anyone know that they live in an uncontested subdistrict if they do not receive anything in the mail. Manke said the NCO will be publicizing and encouraging everyone to visit the online voting website at www.nbvote.com; and by entering their name and address, the website program will indicate whether the registered voter lives in a contested or uncontested area. If it is a contested area, the response would read, "Your ballot will be mailed to you with your voter number." Or, if it is an uncontested area, your response would read, "A voter number will be mailed to you." Smyth suggested that the NCO consider sending the cheapest possible postcard notice to uncontested areas. He noted that there may be some confusion in a board area where there are both at-large and subdistrict races and the subdistrict is not contested, but the at-large race is contested. Manke explained that paper ballots will be mailed to contested at-large areas, which will include the subdistrict race whether it be contested or not. She further stated that the NCO would have wanted to send notification to everyone in the uncontested areas; however, budget constraints were major factors. Uncontested race areas are posted on the website.
Smyth questioned how many board members can attend the Council Task Force meetings. Deputy Counsel Kitaoka advised that OIP has taken a position that more than two members constitute a meeting. Smyth explained that a meeting discussing processes would not be a conflict inasmuch as processes are not issues that could come before a board. As an example, Sunshine Law training discuss processes. Rezentes added that a qualifier is whether or not that subject is going to be on an agenda and heard as board business. Kitaoka clarified if it is potential board business, OIP would still view it as a meeting.
Ure announced that OIP is sponsoring a free public workshop on
Ure questioned the June 2 swearing-in date when the new term begins on June 1, and whether the new candidates have been notified that their term may be 25 months. Manke stated that there are no board meetings before the installation date. Relative to the board term, Manke noted it would depend on when the proposed Revised Neighborhood Plan is adopted.
- Complaints Update: Manke reported on the following and will prepare a spreadsheet to track progress of complaints:
a. New Complaints – Since January 2007, five new complaints have been filed; two against Kaimuki
NB #4, two against
b. Pre-Hearing Scheduled – A pre-hearing has been scheduled for July 18, 2007 for two complaints against Diamond Head/Kapahulu/St. Louis Heights NB #5 from 2006.
c. Complaints Withdrawn – Two complaints against
d. Findings of Fact from Corporation Counsel – Five complaints are pending "Findings of Fact" from Corporation Counsel: two against the Nuuanu NB #12 from 2004 which were heard by the Commission at its October 2006 meeting; one against the Makakilo/Kapolei/Honokai Hale NB #34 from 2006 for which a pre-hearing was held on February 26, 2007; and two complaints against the Diamond Head / Kapahulu / St. Louis Heights NB #5 from 2003 which were heard by the Commission in January 2005.
e. Complaints Pending Responses from parties involved – Three complaints are pending responses; one from the Kahalu'u NB #29 and two from the Kailua NB #31.
f. Complaints Requiring Pre-Hearings – The NCO is working with Corporation Counsel on six complaints that require pre-hearings. There are three complaints from 2004 for the McCully-Mo'ili'ili NB #8; one complaint from 2003 for Kailua NB #31; one complaint from 2005 for the Manoa NB #7; and one from 2006 for the Downtown NB #13.
g. Action by Commission - Two complaints will be coming before the Commission for action from the Makakilo NB #34 and the
B. Committee Reports:
1. Budget Committee – DVD Library – Sakamoto advised that she is exploring the establishment of a DVD Library in the NCO office. There are expenses involved and not all videographers have the capability to duplicate DVDs and not all neighborhood boards videotape their meetings. Sakamoto stated that she will continue her fact finding efforts and update the Commission next month.
Rezentes noted that DVDs are not archival and that it is imperative that good minutes are maintained. It is important that neighborhood boards know that DVDs are not the final official document as DVDs will deteriorate. Sakamoto explained that according to the Plan, the written minutes are the official record and that DVDs are only an option. Veray suggested that a low cost solution would be for boards to use their publicity account to purchase necessary equipment and to make each board responsible and accountable for a DVD each month.
Nekota commented that 'Olelo will not view a 4-hour long meeting, and in her past experience dealing with community volunteers who do this type of service, the volunteer decides to discontinue. Heinrich noted that it is the responsibility of the Commission and the NCO to provide a records management policy. Kidani explained that after two hours and 58 minutes, the videographer will stop recording. Therefore, there would be no viewing of the entire meeting if the meeting runs beyond that time frame. The DVD library would also be incomplete as there are boards who do not videotape their meetings at all. Further, DVDs will likely be used for claims of slander and/or derogatory statements, placing a burden on the NCO staff to handle requests to burn copies after meetings. Kidani suggested that this matter be considered under another committee as this is not a budget committee issue.
2. Training Committee – Nekota reported that the committee came up with some recommendations at its February 26 meeting. One of the two main recommendations included training of neighborhood assistants; however, there is the question of when is the best time to hold training sessions. The month of August, the end of December, or the beginning of January were noted as possible times when most of the neighborhood boards are in recess. The other recommendation included training of neighborhood board members. A training schedule for neighborhood board members was distributed to Commissioners. The committee discussed when training should be held and that training can also be available on DVDs. Board members would be required to view the entire DVD and answer questions at the end of the session.
Commissioner Ching asked for information about who has conducted training for NCO staff and what materials were used. Manke apologized and responded that the City's Department of Human Resources has a catalog of classes available for city employees. Kidani advised that the training was entitled "Minute Taking Workshop" conducted by a Professor from
Rezentes expressed her appreciation for the committee's efforts in putting together an aggressive training schedule. Relative to the June 2007 training schedule, she noted that in the past, a parliamentary procedure session usually takes up to four hours for people to understand its concept, its motions and procedures. She expressed concern that by adding the session to the swearing-in social event, there may not be enough time for board members to learn about parliamentary procedures. Nekota explained that the intent was to make the best use of that day and that training sessions would be taped. When asked if an individual can watch the DVD and qualify their training by signing an affidavit after attending only the swearing-in ceremony and the orientation session, Nekota responded by saying that a test would need to be administered to certify qualification and that this is a matter to work out with OIP.
Glanstein asked whether there will be other opportunities for interaction, in addition to the on-site training on June 2 (swearing-in day). Nekota noted that a Conference of Chairs will be held in August with a "Running a Meeting and Meeting Tools" workshop to be held in the evenings or on Saturdays in Kapolei and
Other discussion included a suggestion from Veray that the possibilities of web-base training could maximize participation and would be great for some of the training; however, that questions and answers would provide for more realistic situations. Nyuha encouraged everyone to bring forth their ideas, suggestions and referrals; and Heinrich commented that the overall training schedule did not reflect presentations by the Department of Planning and Permitting (DPP), Corporation Counsel, and Oahu Metropolitan Planning Organization (OMPO), which would be beneficial early on in the board term.
3. Election Committee – No report.
4. Recruitment Committee – No report.
C. Permitted Interaction Group (PIGroup):
1. Neighborhood Plan Update – Tanimoto reported that the Plan was sent to Corporation Counsel for review. In a meeting with Deputy Counsel Waihe'e, who has been working on the Plan, Waihe'e advised that a memo is forthcoming to the Commission. Discussion followed with focus on the delayed response from Corporation Counsel.
Smyth stated that half a plan is better than nothing as sections are relatively independent with some sections being easy and not too controversial, while other sections a little more complex. He suggested that sections that have been reviewed should be released by Corporation Counsel. Glanstein expressed her disappointment for all those individuals who worked on the PIG, including those long before in 1999, and queried where is it stated that Corporation Counsel has to sign off on the Plan before it can be adopted by the Commission and sent to public hearing. She strongly urged the Commission to make a motion to retrieve the plan and discuss its adoption or make demands on Deputy Counsel Waihe'e.
Manke advised that she and Chair Tanimoto have met with Counsel Waihe'e and feedback on the entire plan is forthcoming, hopefully by the end of March. Supervisors in Corporation Counsel are aware and Manke will followup further. Ure reminded the Commission that at one point in the past the PIGroup waited for two and a half years for Corporation Counsel's response and she hopes it does not happen again.
Rezentes commented that it would be a travesty if it takes longer to review the Plan than it did to put it together. She further stated that the way this matter is being handled by Corporation Counsel is an even bigger travesty and indicative of a deeper problem within the city structure. Heinrich noted that Corporation Counsel was absent from PIGroup meetings since July. He strongly recommended that Chair Tanimoto and Manke meet with Carrie Okinaga, Diane Kawauchi, Don Kitaoka, and Jennifer Waihe'e. Rezentes questioned whether Corporation Counsel is conducting a procedural or legal check. She believes that it is the responsibility of Corporation Counsel to make sure that the boards are not getting themselves into legal problems and should focus its review on the legal aspects of the Plan and not procedures.
2. Neighborhood Board System Audit Update – Nekota reported that PIGroup members have had conflicting schedules making it difficult to meet. Makapagal was unable to attend January's meeting and Young will be out-of-town next month and busy through summer with work. Chair Tanimoto entertained any interest from other Commissioners to serve as members of this PIGroup. Sakamoto and Kaahanui expressed their williness to serve with Chair Nekota and Makapagal.
Young moved, Kaahanui seconded to appoint Sakamoto and Kaahanui to the Neighborhood Boad System Audit PIGroup. The motion carried by unanimous consent of 6-0-0. Aye: Ching, Kaahanui, Nekota, Sakamoto, Tanimoto and Young.
FOR ACTION:
A. Comments and action on State bills affecting Neighborhood Boards – Chair Tanimoto entertained two bills for discussion and action:
1. HB 128, HD 1 and HB 1512, HD 1, relating to Sunshine Law – Legislation was introduced by State Representative Joey Manahan with the purpose of allowing specific exceptions from the Sunshine Law for neighborhood boards to hear presentations without a quorum, to attend other public meetings, and to add immediate event items to the agenda for discussion and action. Chair Tanimoto explained that the Commission has not taken a stand on these measures because of the timing of the legislative session. Some neighborhood boards have submitted supporting testimonies, as well as individual testimonies.
Smyth explained that HB 1512 deals with the neighborhood boards and are a composite of other bills. It allows for three things: 1) the ability to attend other meetings with one less than quorum on short notice or with no notice; 2) what happens when quorum is lost in the middle of a meeting; and 3) the ability to add items to the agenda that were not known about and because items are timely. He noted that HB 128 is not neighborhood board specific but that it may roll into one bill.
Sakamoto moved, Nekota seconded to support HB 1512 HD1 and HB 128 HD 1 (relating to sunshine law and public meetings). A brief discussion ensued regarding the need for clarification that the concept of the legislation is to be supported.
Sakamoto amended her motion to support the concept of HB 1512 and HB 128; seconded by Nekota. The motion carried by unanimous consent of 6-0-0. Aye: Ching, Kaahanui, Nekota, Sakamoto, Tanimoto, Young.
2. HB 451, HD 1, relating to Graffiti – Chair Tanimoto referred to HB 451 as a matter of information only. It is the ony bill on graffiti that is moving forward. The special sentencing considerations are that a person found in violation for criminal property damage that involves graffiti as defined in section 577-3.5 (a) shall be required to perform community service that helps to eradicate or mitigate graffiti, and that hours of community service may be determined by the courts.
Smyth noted that another bill focused on a criminal penalty associated with the parents. The police will say that most of the people being arrested are not minors.
B. Public Hearings regarding Amendments to Initiative Petitions: Chair Tanimoto asked Manke to give an overview regarding this agenda item. Manke noted that the NCO has received requests for amendments to the Initiative Petitions from four neighborhood boards that requires a public hearing and publication of a 30-day notice in the newspaper. The general approach in the past has been that an assistant conducts the hearing and reports back to the Commission who would then take action on the information gathered at the hearing. Hearing dates have been set to coincide with regular board or committee meeting dates. Chair Tanimoto asked Commissioners to volunteer to serve as hearing officers:
- McCully-Moiliili Neighborhood Board No. 8 – May 3, 2007, 7:30 p.m. at
- Ewa Neighborhood Board No. 23 – May 3, 2007, 6 p.m. at Ah
Smyth expressed concerns with a 6 p.m. start time for the public hearings and suggested the board recess during the meeting, conduct its public hearing, and then resume their board meeting. Amendments such as name changes should take no longer than ten minutes; and that an earlier start time may require special arrangements for opening meeting rooms. Tanimoto stated that the start time could be adjusted appropriately for each board.
Relative to the McCully-Moiliili neighborhood board's request to redefine subdistrict boundaries, Lockwood inquired about the effective date given that the neighborhood board elections are currently underway and new terms will begin on June 1. He noted that every subdistrict race is unopposed. Kitaoka stated that district change amendments could be questioned and possibly subject to challenge with the new districts. It is a practical problem for the Commission.
Young moved, Kaahanui seconded to appoint Commissioners Sakamoto (Kalihi Valley), Nekota (Ewa and Wahiawa) and Tanimoto (McCully-Mo'ili'ili) to preside over public hearings for the various neighborhood board areas; to hold the public hearing, to take testimony upon the matters involved in the hearing, and to report back to the Commission, the findings and recommendations. The motion carried by unanimous consent, 6-0-0. Aye: Ching, Kaahanui, Nekota, Sakamoto, Tanimoto, Young.
C. Approval of Regular Meeting Minutes of January 29, 2007: The following correction was made to the minutes – Page 1, under Guests, Myrtle Nyuho, should be Nyuha.
Young moved and Sakamoto seconded to approve the Regular Meeting Minutes of January 29, 2007, as amended. The motion carried by unanimous consent, 6-0-0. Aye: Ching, Kaahanui, Nekota, Sakamoto, Tanimoto and Young.
PUBLIC CONCERNS
A. October 1, 2006 Minutes – Ure noted the designation for the revised set of minutes presented at the Commission's January 2007 meeting indicates that the previously distributed set of minutes was only a draft being prepared by the Neighborhood Assistant.
B. Late Availability of Neighborhood Commission Minutes – Ure questioned why the minutes of the January 29, 2007 meeting were not on the Commission website until March 7 and not mailed out until March 6, a violation of the Sunshine Law which requires the minutes be available 30 days after the meeting. Manke reported that the Commission normally meets only six times a year, that this was an oversight. It was noted that there is no requirement that the minutes be mailed out. It was noted that the neighborhood board election was discussed at this meeting and receiving the minutes of the meeting would have helped interested persons better understand the election process.
C. Purchase Of Public Address System – Veray, from the Pearl City Neighborhood Board, requested that a public address system be purchased for his board, rather than having one of his board members pickup the equipment from the Neighborhood Commission Office (NCO). Manke acknowledged receipt of the request. Manke also noted that it is the responsibility of the NCO to provide the equipment. Kidani advised that the neighborhood assistant (NA) for the Pearl City board is not a full-time staff member, does not work out of the Neighborhood Commission Office, and must pick-up the equipment at the NCO and take it to the meeting. The NA will be picking up the equipment in the future. A full-time staff member is to be hired. The sound systems weigh 25 - 50 pounds and lighter systems are being explored to make it easier for staff members to handle.
D. City Council Neighborhood Board Task Force – Glanstein noted that the Task Force is supposed to complete its work by the end of the year, but that there is a lack of information available. Chair Tanimoto noted that a letter was sent to board chairs from the Task Force. It was noted that sending the letter just to the chairs is insufficient because the information may not be relayed to members for various reasons. It was also noted that the City Clerk does not mail out agendas or minutes, and that this information is only available on the City's web site, www4.honolulu.gov/docushare/dsweb/view/collection-876. It was felt that this process is a violation of the law as there is no public notice, no link to the website on the Neighborhood Commission website, and the City Clerk has no mailing list. Follow up will be done on creating a link on the Neighborhood Commission web site.
E. Upcoming Vacancies on The Neighborhood Commission – Glanstein questioned if there are any upcoming vacancies. Sakamoto (appointed by the Mayor) noted her term will expire in June 2007 and it was noted that Gall's term (appointed by the City Council) will also expire in June 2007.
F. Lack of Consistent Service by One Neighborhood Assistant – Nyuha reported that the
G. Next Meeting Location – Nekota noted that tonight's meeting was supposed to be held at Kapolei Hale, but was held at Honolulu Hale. Discussion followed where it was noted plans were to alternate meeting locations, with two meetings at Honolulu Hale, then one meeting at Kapolei Hale. It was noted that the next meeting is scheduled for Kapolei Hale.
H. March 12, Meeting Date – Discussion followed on the holding of the meeting tonight, which was originally scheduled for March 19, but rescheduled to tonight, making it impossible for members of three neighborhood boards that have scheduled meetings for tonight, to attend this meeting. It was noted that attempts are made to hold the meeting on a date when there are no board meetings.
ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
Submitted by:
Marie Richardson
Neighborhood Assistant