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NEIGHBORHOOD COMMISSION CITY & COUNTY OF
***REVISED*** MINUTES OF THE REGULAR MEETING OF OCTOBER 23, 2006 2ND FLOOR, CALL TO ORDER: Chair Grant Tanimoto called the meeting to order at 7:00 p.m. Tanimoto made a brief announcement regarding the sound system delay, apologized and asked everyone to speak up. Members Present: Sheila Apisa, Clara Ching, Ed Gall, Robin Makapagal, Jeanette Nekota, Kalene Sakamoto, Grant Tanimoto, Sylvia Young. Members Absent: Bernard Kaahanui. Guests: Yuri Farrant, Michael Lilly, D. Keala Naluai, Ron Lockwood (Chair, McCully/Mo'ili'ili Neighborhood Board No. 8), Becky and Gayle Chestnut, L. ROLL CALL OF COMMISSIONERS: The following Commissioners answered the roll call Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, and Young; eight of nine Commissioners were present. FOR INFORMATION: Executive Secretary's Report Joan Manke reported the following updates:
Questions and answers followed:
Sakamoto asked whether a motion is inline to request that Counsel Waihe'e help with looking into the request. Waihe'e already received that request and there's nothing in the Plan which authorizes the Commission to appoint members when the board has quorum to do so. Committee Reports: Budget Committee The following handouts were distributed for Sakamoto to highlight on:
· Videogrpaher Agreement listed eight points agreed upon by a contracted videographer including gavel to gavel coverage of monthly neighborhood board meetings and the responsibility for a safe setup to a final production submitted to Olelo for scheduled cablecast. Sakamoto read the amended June 2006 agreement aloud; contact the NCO if you wish a copy. · Neighborhood Board Treasurer's Report amended by Kidani and Manke - the boards' treasurer's report will reflect an increase in the yearly budget beginning September 2006 statements. The funding increase would allow those boards to: videotape monthly board meetings (not to exceed 10 meetings per annual term) or to mail an annual four page newsletter (size 11" x 14" folded in half) to all residents in respective board areas. The change should be reported at the October board meetings.
Questions, answers and comments followed:
A brief discussion followed that videographer Makakilo.com could provide the service without difficulty and at no extra charge. Inasmuch as they do it as a business, other vendors do it as a community service. A comment raised from someone in the audience was it is easily duplicated and ridiculous to charge extra.
Chair Tanimoto gave a brief example of the increase: Training Committee Nekota reported: · Candidate applications for the 2007 - 2009 board terms will be put out in December/January. · The application deadline is January 16, 2007; thereafter, an informational meeting to give perspective candidates an overview of what is entailed with becoming a board member. · Ballots will be printed in February 2007, mailed in March 2007 and results tabulated in April 2007. · Announcement of the election results for the 2007 2009 term in May. Thereafter, a tentative training meeting for the chair pro-tem on agenda setting, oath of office and an overview orientation meeting. · Beginning November 2006, a survey will be disseminated to board members at each meeting, collected by the NA's following each meeting, and the findings tabulated in early December. · In order to assess the training needs, the survey will consist of basic questions: whether you are willing to attend training, rating a list of topics you might consider most important; a preference of training session locations (Honolulu or Kapolei), morning, noon or evening and preferred days (Monday thru Saturday); and a section for suggestions of topics/ideas of interest. A sample survey was circulated. · The next Training Committee meeting is scheduled for December 11, 6 p.m. in Kapolei. Questions, answers and comments followed: 1. Wong questioned the NA's training for minute taking. 2. Bautista asked whether the candidate information meeting is opened to the public. 3. Recap of the timeline noted this will be part of an ongoing training and development effort. Permitted Interaction Group (PIGroup): There were no objections to taking the agenda out of order to item C2 - Neighborhood Board System Audit. PIGroup Neighborhood Board System Audit Nekota reported:
Wong's comment regarded having the NA's trained to use their tape recorder for accuracy and not rely only on their notes. Tanimoto noted perhaps its something to be considered. Bautista's earlier inquiry was addressed. PIGroup Neighborhood Plan Presentation of findings and recommendations Tanimoto reported: · Thanks to everyone who participated in the RNP PIGroup. The Plan is close to finishing and the group is looking to wrap-up by the next weekend or so (October 28 and November 4). · Acceptance of the plan for review by the full Commission, which he hopes to schedule tentatively on Tuesday, November 7. A second meeting of the full Commission will be scheduled to deliberate the findings and recommendations of the PIGroup. Hopefully, before the regular meeting on Monday, November 27. · A general timeline being looked at: once the Commission accepts the plan for review from the PIGroup, the plan will be forwarded to Corporation Counsel for review and comment, thereafter, to the Mayor, and on to a series of public hearings (different locations on the island) sometime in January 2007. · A list of sections still needing to be worked on by the PIGroup was distributed. FOR ACTION: Approval of Regular Meeting Minutes of September 25, 2006 Corrections to the minutes:
· Page 4, under Public Concerns, item 2, 4th line should read, " afraid of SORT members." Wong mentioned that Deputy Corp Counsel Waihe'e gave a response under Public Concerns that was not included in the minutes. The recollection was that the discussion came after the meeting was over. Wong insisted otherwise and wanted it reflected. In the interest of moving forward, Tanimoto will give Wong a copy of the memo from Corporation Counsel and OIP on her issue. Apisa moved, Young seconded the approval of the meeting minutes as circulated. The motion carried by unanimous consent. Aye: Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, Young. The agenda resumed order. Complaints Update Manke reported in response to a concern raised at a previous meeting, the status is as follows:
Questions and comments followed:
Complaints for Action: Withdrawal of complaint Patterson vs. Chair Tanimoto asked that Commissioners to refer to the packets distributed earlier with information relating to the complaints. He briefly commented on the three branches of government, which the Commissioners, the Executive Secretary and staff will be involved in administering tonight. Hearing of complaint Lilly vs. Lilly's complaint involved a violation of the Hawaii Revised Statues and the Sunshine Law (Chapter 91), and the purpose to encourage citizen involvement. He said a tremendous outpouring of community members packed the May 2004 Nu'uanu Neighborhood Board meeting, where dozens signed up to give testimony on the agenda item, including the Institute for Human Happiness. They were surprised that then Chair, Joe Magaldi, announced that only one person would be allowed to speak for five minutes per side; and there was outpouring of resentment, heckling and uproar of people wanting to speak, thus, a breakdown of the ability for people to speak on an issue of great importance. When the item came up for a vote, one or more members abstained from the vote due to conflicts with the Manoa NB #07 where members were sued for interfering with a private real estate transaction. Part of his complaint was that members have a duty to vote and to abstain because you're afraid of being sued lessens the Board's ability to function in an advisory capacity. Additionally, another issue was a request to place an item back on the agenda the following month. The parliamentarian wrongly stated, under Robert's Rules of Order it could not be put back on the agenda because it been tabled; and to say that it can never be brought back is just wrong as a matter or law. This not just affects the Nuuanu NB #12, there's a misunderstanding and a breakdown among neighborhood boards about citizen participations. Paula Kurashige, current Vice Chair of the Nuuanu NB #12, thanked the Commission for the opportunity to give testimony on behalf of the Board. Being that this complaint was over two years ago, she suggests moving forward and clearing the Board from these complaints. Also, as a member since 1992 and a past chair, it was her decision to step forward and be available to answer any questions from the Commission. She reviewed the five complaints and past minutes, with the assistance of NA Matautia, and the minutes of April 2004, where a number of people spoke on the matter; including people from outside of The Board would like to see these matters resolved by not having to deal with something that happened back in May 21, 2004. Currently, the Board has a number of new members; and two or three of those who abstained their vote in May 2004, have already left the Board. And no offense to Mr. Lilly, because she could not say whether he was at the April 2004 meeting or not, and with that, her plea to the Commissioners, that NB #12 really tried being a part of the community and giving it full purpose and as a past chair for six years, NB#12 have continued to try and listen to the public. Kurashige was handed a complete list of exhibits. Michael Lilly asked to submit the following exhibits to the Commission. He was not at the April meeting, but attended May/June meetings. The exhibits are as follows:
In conclusion, Lilly sees that this Commission oversees all the neighborhood boards and has a great opportunity to describe the purpose of the board and to facilitate community involvement. Gayle Chestnut read the letter he wrote (Exhibit 3) and stands by its accuracy to the best of his recollection then and now; and that the Nu'uanu minutes incorrectly stated that he was representing the Chair Tanimoto asked any comments. Kurashige noted her absence from May's meeting, and is in agreement with Chestnut on his stated point. The issue is two years old and the Board would like to move forward. She thanked the complainants for being present tonight and the Nu'uanu Board for their continued support of the community. Also, the other person who abstained is present tonight and might want to speak as well. Hearing of complaint Farrant vs. Kurashige had no questions but appreciated the comments. Chair Tanimoto cited Section 1-1.0 (f), the conclusion of the presentation and the Commission's determination whether sufficient evidence was provided. If so, the respondent could precede with her case. If not, the Commission may go into Executive Session to make a determination whether or not to dismiss the complaint. With that being said, Chair Tanimoto was opened to hear from the Commission members. Gall asked Lilly what he sees as a remedy for the various items. Lilly's reply was "education" that the boards be advised of their obligations under the Sunshine Law, Robert's Rules of Oder, and their obligations to participate as quasi government officials to perform their duties. Understanding that the purpose of the board is only advisory, Lilly also understands that it is the one place where the community can actually participate in the government process of expressing their voices. Discussion followed: 1) Young asked to recuse herself from the voting; her conflict being a Nu'uanu board member. 2) Kurashige asked the following questions: is it illegal to abstain on a vote? And if it is not allowed to abstain for a particular reason, what can the board member do? Or do they just get off the board? And how many meetings will it take to bring this matter to a close? 3) Mobley made a statement important to the issue that made it clear that there are procedures available if you get somebody from the board to apply them. The statement regarding board members not having the right to abstain is a violation of Robert's Rules; if they are forced to vote, as sometimes there is not enough information. Secondly, if the chairperson rules on something, anyone on that particular board has the right to appeal the chair's decision, but Robert's Rule would support that decision if there was no appeal. And finally, spoke against the statement made that the parliamentarian wrongfully stated that the issue could not be put back on the agenda; but that anyone at that May/June meeting from the board could have asked that the matter be reconsidered. More discussion followed: 1) Lilly said the reason one of the board members abstained was the fear of being sued as with the Manoa issue. 2) Audrey Hidano was one of the board member's who abstained. The minutes showed that she declared from day one she would be abstaining; in addition, knowing so little about the project, felt she would let the Department of Planning and Permitting go through its dual process. 3) Tanimoto inquired if the Board ever took a "no position" vote. Hidano said the church decided to keep it as a one person residency. Lilly said the church received their Conditional Use Permit, minor. 4) In a discussion with former the Executive Secretary Mr. Kama, Farrant said that Mr. Kama stated that abstaining for those reasons was inappropriate and had the people from the board had attended the training meetings on this subject, would've known that it was inappropriate. Gall moved that the Commission go into Executive Session, Apisa seconded the motion. The motion carried by unanimous consent. Aye: Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, Young. The Commission moved into Executive Session at 8:43 p.m. and resumed at 9:08 p.m. with eight members. Sakamoto moved in favor of the complainants for items #1 and #2. Item #1 is during the May meeting, the board denied the public to speak on the agenda item regarding the Conditional Use Permit minor for the Institute for Research and Gall moved to dismiss complaints #3 regarding the sound system, #4 regarding the abstention and #5 relating to the tabled item. Nekota seconds the motion. The motion carried, 7-0-1. Aye: Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, Recusal: Young. Makapagal moved that the Commission write a letter to the Nuuanu NB #12, strongly recommending training in Sunshine Law and Parliamentary Procedure; and copy that letter to all neighborhood boards. Nekota seconded the motion. The motion carried, 7-0-1. Aye: Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, Recusal: Young. Apisa recommended and encourage all neighborhood boards and board members to reach out to the Executive Secretary and NCO on any question regarding parliamentary, litigation, etc. and she would seek an opinion from Corporation Counsel. Hopefully, this would reinforce that the Executive Secretary is there for assistance. Chair Tanimoto thanked everyone for coming this evening. Election Alternative Section 3-10.1 Optional Methods of Conducting Elections Manke reported the next election is quickly approaching and the NCO is looking at exploring an on-line voting system possibility with Commercial Data Systems (CDS), who developed the system for Kids Voting USA. Mark Wong, President and CEO of Commercial Date Systems gave a brief introduction of the 20 year old company in CDS realizes the neighborhood board elections needs are different and will design the system to handle specific needs. CDS will be working with the City's information technology staff to get the election information. It will be put on a secure site at CDS to allow people to vote from anywhere online; and for those who don't, CDS will handle paper ballots in the normal fashion. The advantage of an online system is that the turnaround for tabulating the votes is seconds after closing the election with the ability to give running totals of the votes. Other major advantages of having an online system is the ability to provide links for all the different candidates, resulting in a more educated and aware voter base; decrease the cost of printing paper ballots; the ability to make last minute additions, corrections, deletions, thereby saving a lot of money. Questions, answers and comments followed:
More questions and answers followed: 1) Heen made a point that the Hawaii Bar Association is currently voting online and showing a 30% increase. 2) Tom Smyth said the two biggest problems are the timeline it takes to do the printing and to make changes minute changes, etc.; and the second biggest problems is the counting process and sorting valid from invalids ballots, which will all go away if we switch to the online system. 3) Naluai suggested when doing this to keep the integrity of each individual and not use the last four digits of your social security number and or mother's maiden name. 4) Mobley loves the idea of automation, but thinks that using the SS# is not a good idea. 5) Mark Wong said it would take three to four months to finish making all the changes, testing and integrating with the City's data systems, but most of the time is in planning and testing. 6) Understanding the social security issue, Jeff Watanabe of CDS noted that once you cast your vote, your number is disabled. Mark Wong addressed the SS# issue, because it was something discussed at length. Congress passed a law that governments cannot use a social security number without showing the legislation that requires it and if you choose to not provide a SS#, then you have to provide an alternative. 7) Smyth said the SS#'s are required in the municipal election and it's only to know who's who. Mark Wong repeated that CDS will not have access to whatever number. Whatever list is put into that system is the list CDS will accept. 8) Gall suggested someone from the Commission work with Manke and CSD. Apisa moved that the NCO pursue and explore the online voting concept; Makapagal seconds the motion. Discussion followed: Sakamoto suggested forming an election committee. The motion carried unanimously, 8-0-0. Aye: Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, Young.
PUBLIC CONCERNS:
ADJOURNMENT: Makapagal moved, Sakamoto seconded to adjourn the meeting at 9:58 p.m. The motion carried by unanimous consent, 8-0-0. Aye: Apisa, Ching, Gall, Makapagal, Nekota, Sakamoto, Tanimoto, Young.
Submitted by Marie Richardson Neighborhood Assistant
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| Wednesday, January 24, 2007 |