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NEIGHBORHOOD COMMISSION

CITY & COUNTY OF HONOLULU

MINUTES OF REGULAR MEETING MINUTES OF SEPTEMBER 25, 2006

HONOLULU HALE, COUNCIL COMMITTEE ROOM,

2^ND FLOOR, 530 SOUTH KING STREET

CALL TO ORDER:  Chair Grant Tanimoto called the meeting to order at 7:05 p.m.

Members Present:  Sheila Apisa, Clara Ching, Ed Gall, Bernard Kaahanui, Kalene Sakamoto, Grant Tanimoto, Sylvia Young.

Members Absent: Robin Makapagal, Jeanette Nekota.

Guests:  Debbi Glanstein (Kailua Neighborhood Board No. 31), Tom Heinrich, Ron Lockwood (McCully-Mo'ili'ili Neighborhood Board No. 8), Gary Bautista (Ewa Neighborhood Board No. 23), Ray Gruntz (Waikiki Neighborhood Board No. 9), Jennifer Waihe'e (Corporation Counsel), Linda Wong (Diamond Head Neighborhood Board No. 5), Mike Golojuch and Maeda Timson (Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34), Keith Timson. 

Staff:  Joan Manke (Executive Secretary), Michelle Kidani (Administrator), Nola Frank and Marie Richardson.

ROLL CALL OF COMMISSIONERS:  The following Commissioners answered the roll call - Apisa, Ching, Gall, Kaahanui, Sakamoto, Tanimoto and Young; seven of nine commissioners were present.

FOR INFORMATION:

Executive Secretary's Report – Joan Manke reported the following updates:

• Staff Transition Update – a) Cameron Heen, Community Relations Specialist, joined the NCO staff and will oversee the complaints process.  He is currently tracking all outstanding and/or pending complaints. b) The position of former Neighborhood Assistant Joey Manahan has yet to be filled.   
• Sunshine Law Training – A session is scheduled for Wednesday, October 11, 2006 at 5 p.m. at Honolulu Hale's Mission Memorial Auditorium (red brick building). The NCO will be sending out flyers to individuals that have not received training to date.  
• Kalihi Palama Neighborhood Board "Lack of Quorum" Update – Every effort was made to contact all of the members to attend the September 13^th meeting. Of a 19 member board, 10 is quorum and only nine members were present; the 10^th member was not feeling well and was unable to attend. There were at least three or four community residents present who expressed interest and willingness to serve. Manke stated that the NCO will continue its efforts to reach a quorum.              
• Complaints Update – Manke and Heen are reviewing the specifics of all complaints and will provide regular updates. Manke believes there will be at least three complaints brought forward for a hearing at the next Commission meeting. The NCO is contacting these complainants to ensure that they are aware that their complaints will be on the agenda.    

Questions and answers followed:

1. In response to Commissioner Ching's inquiry, Manke did not know whether Sunshine Law training would be live or by video. She will advise Ching when this information becomes available.

2. Heinrich said Manke mentioned complaint hearings at the next Commission meeting, and asked whether the meeting will be held in Kapolei: Manke responded in the affirmative.

Tanimoto questioned the convening of "complaint hearings" at a regular Commission meeting. Heinrich said that in the past, complaints have been heard at a regularly scheduled meeting, unless a special meeting is convened specifically for that purpose of complaint hearings.

3.   Timson wanted clarification about what the Commission is doing about the unheard and/or unsettled complaints. In particular, the Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34 has a two year old complaint involving Boardmember Kioni Dudley. Timson urged the Commission to settle the outstanding complaints before taking on any new complaints, and that steps should be taken to address order and decorum issues of the Makakilo/Kapolei/Honokai Hale Neighborhood Board.

In response, Manke noted that the NCO is reviewing the entire complaint file. The file includes the complaint Timson referred to and is possibly one of the complaints to be included on the next Commission meeting agenda. The NCO is revisiting and looking at every individual complaint and will provide updates at every meeting, at least to say where the NCO is at with these complaints.

3. Bautista thanked Manke for reviewing each complaint, but would like to know which complaint will come first and how many will be addressed at each meeting. Manke had no specifics at this time because the NCO is reviewing each file to make those determinations. She also understood that some of the complaints were so old that board members have changed and the matter may be moot. So each complaint is being reviewed to determine where it is at this point and what the next step will be.     

5.   Timson clarified that her concern is regarding complaints which had been heard by the Commission; and still nothing has happened. She asked to please consider looking at the complaints where proposed actions were considered, but no action has been taken and that older complaints should be a priority. Tanimoto indicated the suggestion was reasonable.   

Committee Reports:

Budget Committee – Sakamoto reported:

• A draft letter by the NCO will be sent to all board chairs and board treasurers regarding an increase to each board's budget. The amount would cover the cost of videotaping regular board meetings (limited to $2,500.00 per year) or the estimated cost of producing and mailing an annual four-page newsletter. This increase will be reflected in the boards' September statements.  The reason for this increase is that the Commission, the Budget Committee and board members were unaware of what monies they have to spend and were not up-to-date with expenditures. Sakamoto feels the NCO is now on track with regards to the board budgets.
• Concerns were raised regarding topics for training. Lockwood suggested a list of ideas for training opportunities and hopefully, the NCO will be able to provide a line item for training in the FY08 budget. Although the budget for FY07 was passed and the proposed FY08 already submitted to administration, Sakamoto was assured the lack of funding should not stop the committee from moving forward this year. 
• The next Budget Committee meeting will be held on Monday, October 23, 2006 at 6:30 p.m. in Kapolei, prior to the Commission meeting at 7 p.m.

Training Committee – In the absence of Committee Chair Nekota, Chair Tanimoto stated:

• Ideas expressed earlier in the Budget Committee meeting by Lockwood will be considered. They include training for commissioners, board members and staff relating to the Neighborhood Plan, Sunshine Law, Parliamentary Procedures, security and liability issues, diversity, community emergency response, and order and decorum issues. These suggestions will be passed on to Chair Nekota. Lockwood was thanked for his suggestions. 
• Commissioner Young announced the next Training Committee meeting is scheduled for Saturday, September 30, 2006 at 2 p.m. at the City Hall Annex Conference Room (red brick building).

Permitted Interaction Group (PIGroup) of the Neighborhood Plan – Tanimoto reported:

• The working group has met each Saturday since July 1, 2006; reviewed the draft through Article 7 and is making good progress; and is looking to wrap up by the third weekend of October.
• The group plans to report back to the Commission, hopefully at the October 23^rd meeting. A special meeting (tentatively October 30) will be held to review the group's recommendation.
• The next meeting is on Saturday, September 30 from 9 to 12 p.m.; the public is invited.     

Gruntz asked why there were three members on the PIGroup when initially the group was assigned four members. Commissioner Gall said the fourth assigned member (Wickramaratna) was not reappointed to the Commission and the PIGroup was formed prior to that thus leaving that assigned seat currently vacant.

Chair Tanimoto moved forward to the agenda item concerning the Neighborhood Board System Audit, following which he advised that he will return to the agenda item – Review of PIGroup members.  

Permitted Interaction Group of the Neighborhood Board System Audit – Tanimoto highlighted the following:

·         The City Council authorized the audit of the Neighborhood Board System and formation of a task force to review the audit.

·         The NCO and the Commission decided to form its own working group consisting of Commissioners. Due to the traffic gridlock on the freeway, Manke reported that the scheduled meeting of September 5 was cancelled and a meeting date has not yet been rescheduled.

·         The members are Chair Nekota and Commissioners Makapagal and Ching. In response to Chair Tanimoto, Ching advised that she has yet to have any discussions with Chair Nekota regarding the audit.    

Questions, comments and concerns followed:

1. Gruntz shared concerns about possible Sunshine Law violations, where more than two members from his neighborhood board would be in attendance; in particular, at transit meetings. Gruntz asked for general guidance in forming permitted interaction groups.  Manke explained that a memo dated September 18 was sent to all neighborhood board chairs dealing with permitted interaction groups.

2. Heinrich asked if the Commission had any updates regarding the Council task force for the audit and/or knowledge of any other appointments. Manke made an inquiry to the Council Chair's Office two to three weeks ago and at that point there was no new information.

3. Glanstein asked whether City Council's Audit Task Force meetings will be "sunshined" and who is on the task force.

Since coming on board with the Commission, Chair Tanimoto stated that he has realized that the Commission has a heavy workload, which includes two PIGroups for the Neighborhood Plan and Neighborhood Board Audit, a Budget and Training Committee, and an annual conference meeting of board chairs and vice chairs. In discussions with Vice Chair Young, there is a general approach to evenly split the work among all the commissioners, limiting the groups to three members, and allowing the Chair and Vice Chair to assist the groups as its fourth member.  

Commissioner Ching expressed much interest in participating on the PIGroup of the Neighborhood Plan. Since no other commissioner expressed interest, Chair Tanimoto announced that Commissioner Young would be reassigned to the PIGroup – Neighborhood Board System Audit and Commissioner Ching reassigned to the PIGroup - Neighborhood Plan.

Tanimoto noted that Commissioner Nekota has her hands full with both the PIGroup – Audit and the Training Committee, and that the decision of reassignment was necessary.  Nekota would continue to chair and take the leadership on both committees with the assistance of Commissioners Makapagal and Young on the PIGroup – Audit. With respect to the PIGroup – NP, Chair Tanimoto would continue to lead this group along with Commissioners Gall and Ching.

Discussion ensued: 1) Commissioner Ching, initially a member appointed to the PIGroup Audit, expressed strong interest to serve on both groups and objected to being removed from the Audit working group. She felt if a member is willing to serve then they should be allowed to serve. 2) Commissioner Young supported the decision to split the members evenly among the committees and to involve participation of three members on the committees, while keeping the fourth seat open for the Commission chair should it become necessary. 3) Commissioner Ching reiterated her desire to remain on the PIGroup Audit as it would enhance her ability as a Commission member to contribute to the Neighborhood Plan, as well as helping with the audit. 4) Wong questioned why the fourth slot is kept opened.  Young offered the explanation that Chair Nekota opted to have her committee meetings dealing with the audit in Kapolei, and Commissioner Ching prefers not to travel to Kapolei. Chair Tanimoto maintained his position in this matter and opted to move on with the agenda. 5) Glanstein offered a suggestion which had nothing to do with the make up of the committee, which she felt was an internal decision. However, in response to the audit, she has in her possession a document that serves as a reference on the history of the neighborhood board system. It is a study done in the 1970's known as the Pac West study, which she would make a copy available to Manke explaining that the document would help to give a better idea and clearer focus on the Neighborhood Board System. Chair Tanimoto thanked everyone and moved on with the agenda.           

FOR ACTION:  No items were posted for action.

Comments followed: 1) Heinrich asked if the Commission had a general schedule of the Commission's regular meeting dates, especially because the commission is only required to meet six out of 12 months per year. Chair Tanimoto said meetings are generally held on the fourth Monday of the month, until headway is made on the tasks (budget, training, Neighborhood Plan and Audit) now before the Commission. Heinrich suggested advanced meeting notices of alternating locations between Honolulu Hale and Kapolei Hale. Tanimoto agreed and verified by Manke that the schedule is as follows: every third meeting is in Kapolei; so the next meeting will be at Kapolei Hale, followed by the next two months at Honolulu Hale.

PUBLIC CONCERNS:

1. Last month Gruntz raised a concern regarding excused absences of board members and asked for a ruling regarding the matter. Jennifer Waihe'e, Counsel to the NCO, recalled that the issue was raised last month and noted that the board chair cannot unilaterally excuse absences and she cited the Revised Neighborhood Plan, Section 4-2.3 – when a board member accumulates three (3) or more absences from properly noticed regular board meetings within a one (1) year period, beginning June 1 and ending May 31, the board shall have the option to declare the seat vacant and appoint a successor pursuant to Section 4-2.2 of this Plan. The board by registered or certified mail, shall serve notice on the incumbent at the person's last known address, of the board's intent to implement the option to declare the seat vacant at twenty-one (21) days prior to such action.

Waihe'e emphasized that it is the board's decision and not unilaterally for the chair to decide. She explained the process by way of a motion to add the matter to the next board agenda; if the motion carries then the chair would have to put it on the next meeting agenda. Gruntz asked that the chair of the Waikiki Neighborhood Board No. 9 be informed in writing; Chair Tanimoto agreed it will be done.

2. Timson expressed appreciation for all that the Commission is doing to complete the NP; meanwhile she is concerned about what happens until then. She said that at her last neighborhood board meeting, abusive language and obscene and sexual gestures were used, and she and other members were in danger and afraid of board member Kioni Dudley. They were fearful of individuals standing at the door when she and others tried to leave the meeting location, and the police had to be called. She shared this information with the Executive Secretary. Timson indicated there is "no meat, no bite" and no consequences to help the board in the current NP. Timson asked for the presence of a police officer at the next meeting for safety reasons. She pleaded to the Commission to move the Neighborhood Plan along quickly and to put in strong language and consequences. Timson stated that she has been on that board since its beginning and because of one member, it has been difficult. She made reference to a particular complaint against Dudley.

Discussion followed: 1) Mike Golojuch, Vice Chair Makakilo/Kapolei/Honokai Hale Neighborhood Board, repeated that he was one of the six people that called the police officers and mentioned that some members of the group called SORT (Save Our Race Track) got out of hand; and besides the abusive language, there was almost a physical confrontation and individuals refused to leave the meeting after it ended. The plan needs to be updated and the Commission needs to send security, which he felt should not have to happen. 2) Gary Bautista strongly supports the Makakilo Board and requested that the PIGroup address order and decorum issues in the NP. He has asked for guidance from the NCO and OIP (Office of Information Practices) about the issues and has asked whether a TRO (Temporary Restraining Order) can be placed. 3) Gall asked the same question. Waihe'e responded that she would review the matter. 4) Timson said there is a blog on the internet chat room that insinuated possible disruptions, which resulted in the group's stalling tactics at the board's meeting last month. There is a full agenda on Wednesday and she feels the same thing will happen again, although the SORT is tentatively on the agenda for October. Waihe'e indicated that the group could be expelled for disrupting the meeting; but others noted the problem is how would you expel them if they are violent?

A lengthy discussion continued: 1) Chair Tanimoto asked about the police officers at meetings. 2) Commissioner Sakamoto recalled a time when the Commission made a motion to hire security and perhaps this is something that should be reconsidered. 3) Manke will look at a special duty police officer; meanwhile, Manke did speak with Deputy Chief Putzulu and he is aware of the situation. Timson said the police officers leave after receiving another call. 4) Other comments included -- the situation is terrorist threatening, videotaped meetings may deter bad behavior, Timson's husband was concerned with the personal attacks on his wife, the board should cancel the meeting when there is public safety concerns,  and of utilizing a mediator at board meetings should be considered.  

Sakamoto noted the need to include a "For Action" item to approve the minutes of the previous month. With that being said, Sakamoto moved, Apisa seconded to add to the agenda Approval of the Commission's Regular Meeting Minutes of August 28, 2006. The motion carried by unanimous consent. Aye:  Apisa, Ching, Gall, Kaahanui, Sakamoto, Tanimoto and Young.

FOR BOARD ACTION:

Approval of the Regular Meeting Minutes of August 28, 2006. Chair Tanimoto asked if there are any corrections to the minutes; hearing none, Sakamoto moved, Gall seconded to approve the Regular Meeting Minutes of August 28, 2006, as circulated. The motion carried by unanimous consent. Aye:  Apisa, Ching, Gall, Kaahanui, Sakamoto, Tanimoto and Young.

ADJOURNMENT:  Young moved, Apisa seconded to adjourn the meeting at 8:25 p.m. The motion carried by unanimous consent. Aye:  Apisa, Ching, Gall, Kaahanui, Sakamoto, Tanimoto and Young.

Submitted by

Marie Richardson, Neighborhood Assistant and

Reviewed by,

Grant Tanimoto, Commission Chair