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NEIGHBORHOOD COMMISSION
MONDAY, APRIL 28, 2008
MINUTES OF THE REGULAR MEETING
I. CALL TO ORDER: Chair Grant Tanimoto called the meeting to order at 7:05 p.m.
MEMBERS PRESENT: Sheila Apisa, Clara Ching, Ed Gall, Ron Mobley, Jeanette Nekota, Kalene Sakamoto, Grant Tanimoto (Chair), Sylvia Young (Vice-Chair).
MEMBERS ABSENT: Brendan Bailey.
GUEST(S): Tom Heinrich (Manoa Neighborhood Board); Gary Bautista (Ewa Neighborhood Board); Barbara Miller (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board); Greg Knudsen (Hawaii Kai Neighborhood Board); Tom Smyth (Downtown Neighborhood Board); Steve Glanstein (Aliamanu/Salt Lake/Foster Village Neighborhood Board); Don Kitaoka (Corporation Counsel); Michelle Kidani, Joan Manke, and Bryan Mick (NCO).
II. ROLL CALL OF COMMISSIONERS: Roll call of Commissioners was taken at 7:05 p.m. with a quorum of eight (8) members present.
III. FOR INFORMATION:
A. EXECUTIVE SECRETARY’S REPORT: Manke reported on the following:
1. Council Proposal for Board Member Term Limits: Councilmember Djou has amended his proposal so that a member who is ineligible to run for a board may be appointed to fill any vacancy on that board, and be eligible to run for another four terms in the subsequent election. Three more boards have passed resolutions opposing term limits for Neighborhood Board, bringing the total to 20 boards opposed and one in support.
2. Complaints Update: The NCO is focusing on the backlog of pending complaints. Several of the complaints involve Neighborhood Board No. 34 and there is a plan to consolidate them so that they can all go to pre-hearings and Commission hearings at the same time. May 12 is the target date for the consolidated pre-hearings.
3. Budget: The City Council has cut $20,000 from the binding/printing line item with the hope that online voting will be the focus of the next election. Initially, budget cuts included salaries for two vacant positions. But when informed that the NCO had filled one of those positions and the other would be filled once the election period began, Council restored the proposed cuts.
4. Leeward Central Community Roundtable – A letter was sent to Neighborhood Board No.34 concerning the formation of the Leeward Community Roundtable. The letter explained the process for a Board to set up a PIG to participate in this group, and warned that in the absence of a PIG no more than two members from a Board can attend a meeting. It also stated that in that scenario the Board members are participating as private citizens and cannot act on behalf of their Board. Gall commented that Kioni Dudley, who is forming this roundtable, is no longer the acting Chair of Board No.34 as Maeda Timson was recently elected.
Questions and comments:
Tanimoto thanked Kitaoka for his suggestion of consolidating complaints. Smyth asked if this meant the complaints would not be dealt with in chronological order. Grant said this could be decided after the complaints for Board No.34 are handled. Young asked about the Boards listed as receiving copies of the letter to Board No.34 regarding the roundtable. Manke explained that these were boards that were invited by
C. COMMITTEE REPORTS:
1. Budget: Previously covered by Manke.
- Training: No report.
- Neighborhood Board System Audit: No report.
- Elections Committee: Tanimoto deferred this report and advised that the formation of a PIG in lieu of this committee is on the agenda for action.
D. PERMITTED INTERACTION GROUPS (PIG):
1. Neighborhood Board Minutes / Neighborhood Assistant Minute-Taking: Apisa reported that the PIG has met and is working on coming up with a standard format for agendas and minutes. The minutes need to be a summary and not a transcript. The hope is to have these templates completed by the next meeting. Gall suggested looking at how the Kailua Neighborhood Board rotates one committee to the front of their agenda every month since most residents have left by the time they get to the committee report at the end of their agendas. Smyth commented that this effort intrudes into each board’s unique character and that he hopes the proposals are vetted by every Neighborhood Board. He noted that individual circumstances, such as elected officials having to attend two board meetings on a given night will sometimes determine the order of the agenda. While there is a need for some flexibility, he indicated that it would be a good idea and will make it easier for residents who attend different board meetings. Apisa responded that the idea was to provide suggestions and guidelines. Glanstein said this should be made part of the Guidebook, and pointed out that the Draft Revised Neighborhood Plan gives priority to public safety agencies.
E. LEGISLATIVE UPDATE: Tanimoto reported that HB2730, legislation giving certain exceptions to Neighborhood Boards when it comes to Sunshine Law, is now at ‘third base.’ The final vote will be tomorrow. Tanimoto thanked all who submitted testimony. Smyth thanked Tanimoto for taking the lead in trying to get this bill passed.
F. PUBLIC HEARING ON SUBDISTRICT BOUNDARY ADJUSTMENTS TO THE
IV. FOR ACTION:
- Resolution Adopting the Rules and Procedures of the Neighborhood Commission and the Neighborhood Plan: Mobley moved to adopt the resolution and Sakamoto seconded. Young called for the question. Ching asked if there would be an index and a table of contents in the Plan to make the document user friendly. Tanimoto said a table of contents was likely but these were not required and the inclusion of an index could delay the publication of the Plan. Smyth expressed concerns that the audience had not seen the proposed motion and asked for a copy of the resolution. A copy was provided to Smyth. Tanimoto explained that the resolution is to ratify the action taken by the Commission at a prior meeting. Smyth further stated that the lack of copies available to the public violated Sunshine law and questioned why there is no public hearing since changes were made at the last meeting. Tanimoto explained that the changes were not substantial and therefore additional public hearings are not required. Smyth did not agree and said that he would ask the Office of Information Practices (OIP) for their review and input. Smyth also commented that the Plan and the Rules of the Commission are administrative rules and are required to go to public hearing after the Mayor has signed off on them.
The Chair recessed the meeting at 7:25 p.m.; the meeting reconvened at 7:28 p.m.
Young advised that she called for the question earlier when there was a lull. Smyth said he had his hand up to be recognized and the Commission has to allow testimony to continue. Glanstein stated that even when a Board or Commission calls for the question successfully, the public may still offer testimony. He further stated that it is Corporation Counsel that determines whether the changes to the Plan are substantial or not and that a delayed effective date may be necessary to prevent conflict with the Board officer elections in June.
Tanimoto read the resolution as follows “WHEREAS, in compliance with Chapter 1, Article 4, Section 1-4.4, a notice of public hearing was published in the Honolulu Star Bulletin on September 27, 2007, and public support was demonstrated at three public hearings conducted on November 3, 2007, at Kapolei Hale and Windward Community College and on November 5, 2007, at Honolulu Hale for the purpose of receiving testimony on the adoption of the 2007 Revised Neighborhood Plan and Rules and Procedures of the Neighborhood Commission, and WHEREAS, following the close of the public hearings, fifteen calendar days were provided to receive written testimony on the proposed amendments. The Commission has duly considered all testimony, statements and comments relative to the proposed amendments to Chapter 11 -- Rules and Procedures of the Neighborhood Commission, and Chapters 12 through 20 -- the Neighborhood Plan of the City & County of Honolulu, and WHEREAS, the motion to adopt was made by Commissioner Gall and seconded by Commissioner Apisa. After further discussion, the motion was unanimously adopted by a vote of 9 in favor (Apisa, Bailey, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, Young), 0 opposed, and 0 abstentions (9-0-0). NOW THEREFORE BE IT RESO
1. All proceedings pending before the commission including initiative petitions, other petitions, hearings, and investigations that are not completed by the effective date of this subtitle shall continue in accordance with the rules which were in effect when the proceedings were initiated.
2. The 2007 to 2009 neighborhood board term shall be extended from May 31, 2009 to June 30, 2009.
3. The Executive Secretary is authorized to insert a new section in chapter 2-16 identifying the Nanakuli-Maili Neighborhood Board No. 36 geographic boundaries and to amend the section in chapter 2-16 describing the boundaries of the Waianae Coast Neighborhood Board No. 24 as affected by the Neighborhood Commission's action taken on January 28, 2008.
4. The Executive Secretary is authorized to revise or correct article and section designations, grammar, punctuation, and cross-references, and to make such other technical and conforming changes as may be necessary to accomplish the intent of the Neighborhood Commission.
5. These rules shall become effective as provided by law.”
Smyth stated that the resolution was improper because it cites chapters and sections without referring to the document where those chapters are contained.
The call for the question was unanimous, 8-0-0 (Aye: Apisa, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
The amended resolution (referencing the document where chapters are contained) was adopted unanimously, 8-0-0 (Aye: Apisa, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
- TERM LIMITS FOR NEIGHBORHOOD BOARD MEMBERS – Manke explained that Councilmember Djou has proposed an amended resolution allowing Board members who are ineligible to run for reelection due to term limits to be appointed, and thereafter have their ‘four term clock’ reset. He indicated to the NCO that he planned to introduce his amended resolution at the next Executive Matters Committee meeting; however, he had not done so to date. Apisa noted that the Commission took a prior position to strongly oppose term limits and suggested that the Commission stand firm on that action. Gall added that the Commission should wait until Councilmember Djou introduces anything before taking any further action. Mobley said this amendment contradicts the stated purpose of the measure, to facilitate more member turnover at the Neighborhood Boards. Miller said she found this effort by Councilmember Djou very upsetting as most elected Board members do not serve very long as they find out it’s not for them. The few that stay should be allowed to continue to serve as long as they are willing and able to be re-elected. She also pointed out that this program is the Mayor’s program and that the Councilmember is overstepping his duties. Bautista commented that he thinks the longer a person sits on a board, the more knowledge they have about their community. Nekota noted that a letter was to be sent to the City Council expressing the Commission’s position. Manke advised that a letter has not been sent to date and that it will be done. Heinrich agreed that no further action should be taken and would encourage the NCO and Commission to avoid conversation with Councilmember Djou. He advised that Councilmember Kobayashi has indicated she wants all Neighborhood Boards to weigh in on this before she schedules it for first reading.
C. aPPOINTMENT OF ELECTION PERMITTED INTERACTION GROUP (PIG) – Without objection, Tanimoto took this item out of order. The Commission has an election committee, but it has been difficult for its members to meet. This PIG would replace the committee and will provide for more flexibility. Apisa moved to form an Election PIG. Gall seconded. The purpose is to investigate online voting, recruitment of candidates, and publicity. The members will be Bailey as the lead person, including Gall and Mobley. Ching objected to the formation of a PIG as it circumvents the Sunshine Law and serves to exclude other commissioners. The motion passed 7-1-0 (Aye: Apisa, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young. Nay: Ching.)
D. CONFERENCE of chairs/celebration of new plan and 35th anniversary of neighborhood board system. Tanimoto stated that these two agenda items are related and therefore will be discussed together. He suggested that August would be the best time of year to schedule a Conference of Chairs and celebration as it is before school and UH sports start up. The Conference of Chairs could serve as the first workshop on the new Neighborhood Plan and a second workshop for all Board members could be held at a later date. Young queried as to when the Mayor is planning to hold a celebration for the 35th anniversary of the board system and suggested that the Commission take the lead, utilizing funds from the Mayor. Manke said she would need to find the funds in the NCO budget. Young reiterated that she is in favor of asking the Mayor for the funds. Young moved that the Commission ask Mayor Hannemann what are his plans for the 35th anniversary of the board system and that the Commission plan their celebration at the same time using the Mayor’s funds in order to tie the celebration together. Apisa seconded the motion. Young also suggested tying in the celebration of the new Neighborhood Plan with the anniversary celebration. The motion passed unanimously 8-0-0 (Aye: Apisa, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
Tanimoto asked if this should be tied into training on the new Neighborhood Plan. Nekota stated that the first workshop should be just for the Chairs at which time hard copies can be provided for distribution to their Board members. A. general workshop for all board members can be held at a later date. Discussion followed as to whether a date for the first workshop should be scheduled at this point in time. Young suggested the Saturday following Admissions day on August 16. Heinrich commented that some sort of Sunshine law training should be included if Bill HB2730 passes. He also offered Manoa Neighborhood Board’s refreshment funds for use in these events as the $120 is untouched.
Knudsen questioned the effective date of the new Plan and expressed his dismay that copies of the draft were not available tonight. He indicated that there are many loose ends that may be subject to objections by OIP and raised questions as to the impact on Board elections and the upcoming board officer elections. Apisa explained that the new Plan will become effective after the Commission and Mayor sign off on the Corporation Counsel approved version and filed with the City Clerk. Tanimoto said hard copies of the current draft can be prepared for Commissioners and the outdated web version can be replaced. Kitaoka advised that all current changes have been made at various public meetings and are available in the minutes of those meetings; therefore, posting the document is not an issue. Glanstein commented that the March 31 minutes are not yet available, which contains the final set of amendments to the draft Plan by the Commission. Sakamoto asked that the motion to set August 16 as the tentative date be considered.
Discussion continued on the pros and cons of holding the event near a holiday, focusing on the fact that families travel during holidays. There was further discussion relating to the effective date of the new Plan and the transition language in the resolution that extended current Board terms to merge into the new term schedule. Glanstein noted that the election of officers is the only potential conflict when determining the effective date of the new Plan as there may be a situation where the Board has to hold officer elections in two consecutive months.
Mobley suggested that the motion on the floor be voted upon. The motion passed unanimously, 8-0-0 (Aye: Apisa, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
E. APPROVAL OF THE FOLLOWING MINUTES:
January 28, 2008 Regular Commission Meeting Minutes – Ching said that the vote on the Conference of Chairs should have the names of who voted aye, nay, and abstained. “The motion failed to carry, 6-1-0 (Aye: Tanimoto Nay: Apisa, Bailey, Ching, Gall, Nekota, Young).” The amended minutes were approved unanimously, 8-0-0 (Aye: Apisa Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
February 25, 2008 Regular Commission Meeting Minutes – Heinrich said he was creating a worksheet to show what changes were made to the Draft Plan at that meeting which could be officially attached to the minutes. This can occur at a later meeting even if the minutes are approved tonight. The minutes were approved unanimously, 8-0-0 (Aye: Apisa, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
March 17, 2008 Special Commission Meeting Minutes – Ching said the name of the person who prepared the minutes was absent from the last page. Manke advised that Nola Frank prepared the minutes. Ching also said on page 5, Line 24, delete [Ching relayed that she sat on many complaint hearings organized by Executive Secretary Manke, which helped expedite the process. Pre-hearings are important in decision making and if this section is deleted nothing would be accomplished] and add Ching commented she was worried about the pre-hearing being deleted from the Draft Plan as our executive secretary has used these to expedite the complaint process and to prepare the complaints for consideration by the Commission. Ching also said that page 5, line 36 should reflect that she did object to the deletion of the pre-hearing review. Mobley proposed amending page 4, line 38 to correct the word ‘rom’ to ‘from’ to read -- “stricken from the section.” Mobley also proposed amending page 5, line 2 by correcting the word ‘wa’ to ‘was’ to read -- “The motion was adopted.” Heinrich proposed amending page 3, line 49 by spelling out Corporation Counsel instead of ‘CORP;’ page 2, line 47 by replacing the word ‘included’ with ‘convened’ to read “shall be convened at least annually”; page 3, line 8 by inserting the word ‘biennially’ in place of the word ‘bi-annually’ to read “shall at least biennially assemble..”; and page 3, line11 inserting the word ‘biennially’ in place of the word ‘bi-annually’ to read “shall be at least biennially”. The amended minutes were approved unanimously, 8-0-0 (Aye: Apisa, Ching, Gall, Mobley, Nekota, Sakamoto, Tanimoto, and Young.)
V. PUBLIC CONCERNS:
A. EXECUTIVE SESSION MINUTES: Glanstein commented that executive session minutes become public when the need for going into executive session becomes moot.
B. INTERACTION BETWEEN CHAIR OF BOARD NO. 34 AND NCO: Heinrich commented that he watched the ‘Olelo broadcast of a recent Makakilo Neighborhood Board meeting where a troubling incident was discussed between the then chair of the Board towards an employee of the NCO. Incidents like this are embarrassing to the entire Board system. Gall commented that this individual is no longer the acting Board Chair.
C. NEXT COMMISSION MEETING: Bautista asked if the next meeting date would be moved due to a holiday. Tanimoto said it would either be moved or a recess taken.
The Commission entered into executive session at 8:35 p.m. for the purpose of approving executive session minutes for July 30, 2007, September 5, 2007, and January 28, 2008
The Commission resumed its regular meeting at 8:55 pm
VI. ADJOURNMENT: The meeting was adjourned at 8:56 p.m.
Submitted by:
Bryan Mick
Neighborhood Commission Office