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NEIGHBORHOOD COMMISSION

 

MONDAY, SEPTEMBER 24, 2007

MINUTES OF THE REGULAR MEETING

HONOLULU HALE, COUNCIL COMMITTEE ROOM, 2nd FLOOR

530 SOUTH KING STREET

 

I.    CALL TO ORDER: The meeting was called to order by Chair Tanimoto at 7:08 p.m.

 

MEMBERS PRESENT: Sheila Apisa, Bernard Bailey, Clara Ching, Ed Gall, Jeanette Nekota, Kalene Sakamoto, Grant Tanimoto (Chair) and Sylvia Young (Vice-Chair).

 

MEMBERS ABSENT:  Robin Macapagal.

 

GUESTS:  Myrtle Nyuha (Pearl City Neighborhood Board. No. 21); Tom Heinrich (Manoa Neighborhood Board No. 7); Debbi Glanstein, Cynthia Rezentes, and Linda Ure (Kailua Neighborhood Board No. 31) Ron Lockwood and Clifton Takamura (McCully/Moiliili Neighborhood Board No. 8); Bert Narita and Barbara Miller (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5); L. Gary Bautista (Ewa Neighborhood Board No. 23); Shad Kane (Makakilo, Kapolei, Honokai Hale Neighborhood Board No. 34); Cameron Heen, Michelle Kidani, Joan Manke and Wendy Matsukado (NCO).

 

II.   ROLL CALL OF COMMISSIONERS:  Roll call of Commissioners taken at 7:08pm with a quorum of eight (8) members present.

 

III.  FOR INFORMATION

 

      A.  EXECUTIVE SECRETARY’S REPORT:  Joan Manke reported the following:

 

1.   Status of Complaints:  Thanked Corporation Counsel for their work on complaints dating to 2004.   Work on approximately 10 complaints has been received; two of them will be addressed at the next Commission meeting to be held in Kapolei.

 

2.   Staff Parliamentarian:  Rachel Glanstein has been hired as the staff parliamentarian.  The Boards have been notified that her services will be available to them and that she will be attending their meetings.  Glanstein has prepared cue cards on parliamentary procedure to assist Boards conduct their meetings.

 

3.   Budget Update:  Work on the upcoming ‘09 budget includes use of on-line voting for the Board members’ election.

 

4.   Web-Casting:  Work is being done on web casting of Board meetings which could make Board meetings more accessible to the public.  Currently 12 Boards video tape their meetings for broadcast on ‘Olelo, consideration is being given to video taping all the Boards’ meetings.

 

5.   Introduction of New Commissioner:  Welcomed Bernard Bailey, the newest Commissioner, to the Commission.  Bailey provided some brief comments at this time.

 

            Questions, answers and comments followed at this time.

 

Glanstein currently serves on the Aliamanu/Salt Lake/Foster Village Neighborhood Board, and previously served on another Neighborhood Board but had to resign due to moving.

 

B.   COMMITTEE REPORTS:

 

1. Budget:  No report.

 

2. Training:  Jeanette Nekota reported a committee meeting was to have been held prior to tonight’s Commission meeting, but an agenda was inadvertently not filed.

 

  1. Permitted Interaction Group (PIG)

Nekota noted Macapagal’s absences and Sakamoto’s tentative status on the Commission were adversely affecting the committee’s work.  It was that the committee was waiting for more work on the Neighborhood Plan to be completed.  This matter will be discussed further at the next Commission meeting.

 

1. Neighborhood Board System Audit Update:  Tom Heinrich reported at today’s Neighborhood Board Task Force meeting there was considerable discussion as to the Community Participation Subcommittee.  Draft committee reports are being reviewed.  Recommendations will appear in the final report.  The Task Force intends to complete its work by Thanksgiving. The next task force meeting is scheduled for October 8, with additional meetings held during the month complete the work by the deadline.

 

Chair Tanimoto noted he and Manke has been speaking with the Task Force Chair.

 

Takamura reported he provided personal comments at the Task Force meeting, and hopes that the final draft will be available to Board members and Commissioners for comment.

 

2. Neighborhood Board Minutes/NA Minute-Taking:  Commissioner Apisa reported work is being done on some procedures to be initiated, suggestions are being solicited.

 

Rezentes suggested that audio recordings of Board meetings be available at least until the following meeting to allow their use to review what happened at a Board meeting.  She noted the lack of such recordings has complicated such work. 

 

  1. Public Hearing Notice for 2007 Revised Neighborhood Plan

Manke distributed a draft copy of the notice for the November 3rd and 5th hearings at Kapolei Hale, Honolulu Hale, and Windward Community College.  Plans are to publish it in the next day or so.

 

Heinrich suggested the Commission request the Corporation Counsel provide a step-by-step procedure on the remaining steps to complete the revision process.  Chair Tanimoto noted this has been done.

 

In response to Rezentes, Chair Tanimoto reported November 15th is the deadline for all comments to be submitted.

 

Bryant-Hunter noted the deadline is too short, and will not allow some Boards to attend the hearings, report back to their Boards and then have their Boards take action.

 

Discussion followed on extending the deadline.  Several Board members favored extending the deadline to at least the end of November.  By unanimous consent the deadline was extended to 12:00 noon, December 7th, 2007.

 

IV.  ANNOUNCEMENTS

 

1.   Work is being done on trying to meet with Senator Lorraine Inouye on legislation to modify the State Sunshine Law.  Holding a Conference of Neighborhood Board chairs to discuss this was suggested.

 

2.   Work is being done on improving the Neighborhood Commission and individual Boards’ web sites.

 

V.   FOR ACTION

 

A.   Complaints Hearing re Ms. Dorothy R. Babineau against the Kailua Neighborhood Board No. 31 dated October 2, 2003:  Babineau was recognized.  Chair Tanimoto briefly reviewed the process for the Commission to hear the complaint at this time.  Babineau reported that her complaint relates to events following her leaving a Kailua Neighborhood Board meeting while she was waiting for a ride home.  She, a Board member at the time, was verbally accosted by then-Board member Knud Lindgard for her vote on a motion he did not identify.  Copies of the complaint and attachments were previously received by the Commission members.

 

Bryant-Hunter provided background on the complaint which cites violations of order and decorum and noted that the incident was not part of the Board meeting.  The Board reviewed the complaint and passed a motion that the complaint not be upheld, as the Board could not have done anything about what happened since it was not part of the meeting.

 

Babineau provided additional comments, requesting the Commission send Lindgard a letter reprimanding him for his actions.  Discussion followed.  It was suggested this incident should have been reported to police.

 

It was noted the revisions to the Neighborhood Plan provide courses of action that can be taken that were not available when this incident occurred.

 

Glanstein requested clarifications need to be made on exactly when someone leaves the Board table to handle future incidents.

 

Bryant-Hunter suggested a letter be sent.

 

In response to a question, it was noted the meeting was still in progress when the incident occurred, Babineau was leaving the meeting early, and the incident occurred outside the meeting room door.

 

Commissioner Gall suggested the Commission send a letter to Lindgard expressing concern about his conduct.  Commissioner Young noted her experiences with comparable incidents at Board meetings.  Commissioner Young suggested the Commission send a letter to the Board relating to Board members’ conduct at meetings.

 

It was moved and seconded to send a letter reminding Board members of order and decorum, and etiquette at meetings.  Discussion followed.  Existing provisions of the Neighborhood Plan applicable to this type of incident were reviewed.  The motion carried unanimously.  The complaint was ruled as being dismissed. The letter previously discussed will be sent to this and all of the Boards.

 

B.   ‘Olelo Community Television proposal for pilot project to web cast Neighborhood Board meetings for a six - month period:  Manke reported this was placed on the agenda following a request as a result of the last meeting.  Discussion followed on the start up cost to do this, whether or not the upcoming ’09 budget will accommodate this cost, when the pilot project would run, video production responsibilities, the pilot project would be for one Board for the trial period, discussion of this matter at the City Council’s Neighborhood Board Task Force meeting, using Commission meetings for the trial, concerns about limiting the trial to six months, long term storage of broadcasts of the meeting, doing this for all or selected Board(s), and determining how useful this service would be to the public, this service is done for City Council meetings, examining the contract the City Council has for this service, use of unused Board publicity funding for this service.  Commissioner Gall moved and it was seconded to send a letter of intent to ‘Olelo and invite them to the next meeting on October 22 to answer questions.  Discussion followed.  The motion carried unanimously.

 

C.   Appointment of Hearings Officers for 2007 Revised Neighborhood Plan Public Hearings – Chair Tanimoto’s options included two commissioners attend each hearing, serving as co-hearing officers, more than three commissioners attend and preside as a Permitted Interaction Group (PIG), or if more than a quorum plan to attend, the hearing be part of a regular meeting; depending on how many commissioners were interested in attending each meeting.  Heinrich suggested Commissioners not serve as hearing officers and all Commissioners attend all the hearings.  Gall suggested the League of Women Voters serve as hearing officers.  Young suggested video taping the hearings.  Nekota and Tanimoto will attend the hearings in Kaneohe and Kapolei and serve as hearing officers; the remaining Commissioners plan to attend the hearing at City Hall which will also be a regular Commission meeting.

 

D.   Adoption of the following Findings of Fact, Conclusion of Law, and Decision and Order in the following complaints:  Yuri V. Farrant against Nuuanu / Punchbowl Neighborhood Board No. 12 dated May 21, 2004, and Michael A. Lilly against Nuuanu / Punchbowl Neighborhood Board No. 12 dated May 21, 2004 – Chair Tanimoto reported letters of the findings were sent to both parties.  Copies were previously sent to commissioners on the dismissal of both complaints.  Young recused herself from voting on this matter.  It was moved and seconded that the Commission approve the Findings of Fact, Conclusion of Law, and Decision and Order in the following complaints:  Yuri V. Farrant against Nuuanu / Punchbowl Neighborhood Board No. 12 dated May 21, 2004, and Michael A. Lilly against Nuuanu / Punchbowl Neighborhood Board No. 12 dated May 21, 2004.  The motion carried unanimously.  Discussion followed where it was noted the complaints related to violations of the State Sunshine Law, and the complaints were sustained in part, and dismissed in part.  It was moved and seconded that the Commission send letters to all the Boards about compliance to the Sunshine Law.  The motion carried unanimously.

 

E.   Approval of Special Meeting Minutes of July 30, 2007It was moved and seconded to accept the minutes.  It was noted that minutes of the executive session were not included with the special meeting minutes.  Chair Tanimoto noted executive session minutes are not published.  The motion carried unanimously.

 

F.   Approval of Regular Meeting Minutes of August 27, 2007 It was moved and seconded to approve with the following corrections:

 

Page 1, under Members Absent, add Robin Macagapal.

 

Page 3, delete the sentence that reads “Commissioner Ching…$200.”, and replace it with “Commissioner Ching questioned whether a DVD recorder costing less than $200 could be used to record Neighborhood Board meetings from an Olelo broadcast.  In a previous e-mail from ‘Olelo it was stated that their transfer station costing about $3500 must be used to copy the edited tape on to a DVD.”

 

Commissioner Ching requested the cost of video from each producer that was requested.  Discussion followed on the cost of the videos.

 

The motion carried unanimously.

 

VI.  Public Concerns

 

1.       Heinrich requested a conference of chairs be held.

 

2.       Heinrich expressed concern about the absences of Commissioner Macagapal, and noted that the Commission can request the appointing authority to remove her.

 

3.       Glanstein also expressed concern about the absences of Commissioner Macagapal.

 

4.       Glanstein requested additional background information on new Commissioner Bailey, which he provided, including his legal background, and not being a past Board member.  Glanstein noted the requirement for a majority of Commission members to have served on a Board.

 

5.       Glanstein expressed concern about the low quality of work on the proposed revisions to the Neighborhood Plan, and noted the importance of the Plan.

 

6.       Discussion followed on scheduling of a conference of chairs – Board chairs and vice chairs, to discuss legislation on revising the Sunshine Law and other matters.  A group of two commissioners and Board members, including Heinrich, Glanstein, and Rezentes would meet to plan what would be discussed what would be discussed at a conference of chairs or a regular Commission meeting.  A Permitted Interaction Group from each Board to plan the conference of chairs was suggested and opposed.  Limiting the number of persons for the planning of the conference was suggested, as members from each Board could be cumbersome.  Concern about the timeline for holding this planning meeting was expressed as it would have to be held prior to the legislative session.

 

It was moved and seconded to add the establishment of a PIG or committee to dealing with legislative bills/affairs to the agenda for the next meeting.  Discussion followed.  The motion carried unanimously.

 

Establishment of a PIG or committee to dealing with legislative bills/affairs to the agenda for the next meeting - Discussion followed.  Commissioner Ching moved to establish a committee to discuss legislative affairs.  The motion failed due to lack of a second.

 

Discussion followed on establishing a PIG.  Commissioners Gall, Bailey, Nekota and Tanimoto were appointed/volunteered to serve on the PIG.  Pertinent bills and related information from the last session of the legislature will be forwarded to the PIG members.

 

VII. Adjournment:  Without any objections, the meeting adjourned at 9:16 p.m.

 

Submitted by:

Dean Chu, Neighborhood Assistant

Neighborhood Commission Office

 

Wednesday, January 23, 2008

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