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REGULAR MEETING MINUTES

MONDAY, SEPTEMBER 23, 2013

COUNCIL COMMITTEE MEETING ROOM 205

 

CALL TO ORDER Chair Sylvia Young called the meeting to order at 7:02 p.m.

 

Members Present – Tyler Dos Santos-Tam, Robert “Bob” Finley, Loryn Guiffre, Kathleen Pahinui, Robert “Bob” Stubbs, Claire Tamamoto, Russell Yamanoha, Sylvia Young, and Charles Zahn.

 

Members Absent – None.

 

Guests – Jeanette Nekota (former Commissioner), Bert Narita (Member, Diamond Head/Kapahulu/Saint Louis Heights NB No. 5), Cruz Vina (Chair Pro-Tem, Pearl City NB No. 21), Tom Heinrich, Tom Smyth (Member, Downtown NB No. 5), Wilson Kekoa Ho (former Commissioner), Laura Yoshida (Deputy, Corporation Counsel), Nicole Velasco (Executive Secretary), Romeo Garcia, Bryan Mick, and Marie Richardson (Neighborhood Commission Office staff).

 

Roll Call of Commissioners, Establishment of QuorumA roll call of Commissioners established a quorum of nine (9) present.

 

INTRODUCTION OF NEW COMMISSIONERS:  ES Nicole Velasco introduced and welcomed newly appointed members: Mr. Tyler Dos Santos-Tam, who is also a member on the Liliha/Puunui/Alewa/Kamehameha Heights NB No. 14; and Mr. Russell Yamanoha to the Neighborhood Commission; both were presented with lei.   

 

Disclosure of concurrent service on the Liliha/Puunui/Alewa/Kamehamaha Heights Neighborhood Board No. 14 by Commissioners Stubbs and Dos Santos-Tam – Chair Young informed everyone that because both members serve on the same NB, there are requirements that must be considered with regards to the Sunshine Law. Deputy Yoshida explained that according to the Neighborhood Plan and due to the concurrent service while on the Liliha/Puunui/Alewa/Kamehameha Heights NB No. 14 and while serving on the Neighborhood Commission, before any vote is taken by the NC and/or NB regarding any possible issue, situation or matter that may come up at a future NB and NC meetings, there needs to be full disclosure of concurrent service by both Stubbs and Dos Santos-Tam.

 

With regards to the Conference of Chairs, Chair Young added that the Sunshine Law allows only two (2) NB members to attend, therefore, if both Stubbs and Dos Santos-Tam were to attend the COC, no other Liliha board member would be allowed to participate. However, if either or both of them do not attend, then other members may be considered. There was a written ruling from the Office of Information Practice (OIP) regarding this matter.

 

Mick will have to look back on the ruling but he believes that the point of the letter was if the Commissioner attended the COC, he would be counted as a NB member; and at that time, the NB could only send two (2) members. He also explained that the other question raised was if the Commissioner could not be counted as a NB member and in reply, the answer was no. However, if the Commissioner does not attend, someone else from the NB could take his place.     

 

RECOGNITION OF OUTGOING COMMISSIONERS:  Chair Young recognized the outgoing Commission members by saying “Aloha” to Jeanette Nekota, a City Council appointment, has served on this Commission for two (2) terms, totaling 10-years of service. “Aloha” to Wilson Kekoa Ho, who was a Mayoral appointment and confirmed by the City Council, has served on this Commission for one (1) five-year term. Nekota and Ho were thanked for their dedicated service to the Commission and especially for attending 30 meetings in the past year. Nekota and Ho were both presented with a Certificate of Recognition and Lei; and they were applauded for their dedicated service to the Commission and the NB System.

 

 

 

APPROVAL OF MINUTES:

 

Regular Meeting Minutes – July 22, 2013Finley moved, Zahn seconded to approve the Regular Meeting Minutes of July 22, 2013, as circulated. The motion was ADOPTED, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Special Meeting Minutes (Sanctions Hearing Spreg v Cullen) – July 18, 2013Pahinui moved, Tamamoto seconded to approve the Special Meeting Minutes (Sanctions Hearing Spreg v Cullen) of July 18, 2013, as circulated. The motion was ADOPED, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Executive Session Minutes – July 18, 2013Finley moved, Stubbs seconded to go into Executive Session to approve the Executive Session Minutes of July 18, 2013. The motion was ADOPED, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn). The Commission went into Executive Session at 7:15 p.m., and reconvened at 7:16 p.m.; all Commission members were present.

 

Tom Smyth shared his experience working on State boards and commissions that the approval of executive session meeting minutes are approved by the entire board in an open public meeting; as long as the issue brought up at the executive session is no longer relevant, hearing notices must be approved by the entire board in a public hearing. Smyth took position on the matter and referred to COR for an opinion on the matter. Chair Young thanked Smyth for his comment.   

 

PUBLIC CONCERNS:

 

Welcome New Commissioners – Tom Heinrich, former Executive Secretary, expressed a warm welcome to the newly appointed Tyler Dos Santos-Tam and Russell Yamanoha for their recent appointment and willingness to serve on the NC.

 

Lack of Quorum/Training Sessions – Heinrich expressed that even after the completed elections, the Manoa NB still had no quorum, and that this Commission had appointed two (2) members to the Manoa NB at the August 26, 2013 Commission meeting. He also raised the matter of training session for NB members to help make them aware of what their duties as NB members, and offered himself to the Commission to help with any individual NB training sessions. He noted that the NB system is very unique and during his time as ES, he conducted several training sessions particularly with the Ewa NB and others.   

 

EXECUTIVE SECRETARY’S REPORT:  ES Velasco reported on the following:

 

Update on Neighborhood Commission Office (NCO) Organization and Staffing – Staffing update as follows:

  • NA Adam LeFebvre was offered a position with the Managing Director’s office;  
  • Kazu McArthur was moved to a supervising clerk’s position for office archiving and digitizing; and
  • Currently, there are one (1) Public Relations, two (2) Neighborhood Assistants and one (1) Senior Clerk position on hold. At this time, the NCO will be open to receive resumes for the two (2) NA positions. 

 

Questions, comments and concerns followed:

 

NB Coverage – Due to the recent promotion, Pahinui was concerned about losing McArthur as her NA. Velasco indicated that the NCO will not try to move staffing much, but will inform NB’s of any NA changes and or movements.  

 

Update on Guidebook – The Guidebook is currently with COR who is working diligently on reviewing the document; once complete, the NCO plans to proceed forward with printing. 

 

HPU Community Connections Fair – On September 13, 2013, the NCO team were at Hawaii Pacific University’s (HPU) Connection Fair. This was the first in a series of the NCOs efforts of community outreach and awareness campaign, targeting the demographic of university/college students.

 

The NCO team will be out at the Windward Community College Ho’olaulea event this coming weekend from 10:00 a.m. to 3:00 p.m. The team will be sharing a booth with the Kaneohe NB No. 30. Commission members were encouraged to attend and a flyer was circulated and people were encouraged to attend. 

Questions, comments and concerns followed:

 

  1. Community Outreach Efforts – Finley was able to stop by at the HPU Connections Fair and was totally impressed with the enthusiasm and outreach efforts of NCO member Romeo Garcia and the NCO team. Dos Santos-Tam commended ES Velasco and NCO team for their efforts on social media, twitter and Facebook page, and for providing information and alerts on several communities. Velasco sees this as a cost effective way to reach the public of events going on within the communities.

 

  1. Adhoc Committees – Zahn had no questions or comments relating to community outreach but wanted to share a concern that a NB has set themselves up as ad hoc members of committees. Zahn says this is similar to a Permitted Interaction Group (PIG) committee where the committee is dissolved at the completion of its task. Zahn indicated that ad hoc committees do not exist in Robert’s Rules of Order, and is not allowed nor disallowed in the Neighborhood Plan. He questioned if you had three (3) voting members and six (6) ad hoc members of a committee, what kind of plan is there to correct this, being this is not allowed in Robert’s. Zahn entertained adding this matter to the agenda tonight for discussion.

 

There was hesitation from the Commission and COR in that it is an issue that affects a larger number of people. Chair Young was not inclined to add the matter on tonight’s agenda, and entertained putting it on the next regular agenda.   

 

COMMITTEE REPORTS:

 

Elections Committee – Chair Charles Zahn reported that the Elections Committee gave recommended changes to the Neighborhood Plan Committee for review and consideration.  

 

Finance Committee – Chair Claire Tamamoto reported that a meeting was held, and the discussions included the NB budgets and the various expenditures. Tamamoto reserves the rest of the report when she receives the meeting minutes.  

 

Neighborhood Plan Committee – Chair Bob Finley reported that the published agenda generated a citizen’s concern about compliance with Sunshine law requirements, and due to an abundance of caution the meeting was cancelled. Finley is looking at rescheduling the next meeting for October 28, 2013, and a more comprehensive report following that meeting.  

 

APPOINTMENT OF COMMITTEE MEMBERS:  Chair Young gave Commissioners, Dos Santos-Tam and

Yamanoha the option of which committee they wish to be appointed to.

 

Elections Committee Members – Tyler Dos Santos-Tam agreed and was assigned to the Election Committee.

 

Finance Committee Members – Russell Yamanoha agreed and was assigned to the Finance Committee.

 

COMMISSION BUSINESS:

 

Dismissal of Complaints Due to Withdrawal by Complainants – For the record, Chair Young read aloud all the complaints of agenda item 8A (Complaint Numbers 1 through 43) due for dismissal due to withdrawal by complainants:

 

      1.    1011-#23-20 Knauer v Lacuesta, Roger.             2.    1011-#23-20 Knauer v Lacuesta, Celeste

      3.    1011-#23-22 Knauer v Oamilda, Glen.                 4.    1011-#23-23 Knauer v Gollner, John.

      5.    1012-#23-25 Knauer v Gollner, John.                  6.    1012-#23-26 Knauer v Lacuesta, Roger.

      7.    1012-#23-27 Knauer v Oamilda, Glen.                 8.    1012-#23-28. Knauer v Berg, Tom.

      9.    1102-#23-02 Knauer v Lacuesta, Roger.             10.  1102-#23-03 Knauer v Oamilda, Glen.

      11.  1102-#23-04 Knauer v Lacuesta, Celeste.            12.  1102-#23-05 Knauer v Arakaki, Sandra.

      13.  1104-#23-07 Knauer v Gollner, John.                  14.  1104-#23-08 Knauer v Oamilda, Glen.

      15.  1105-#23-09 Knauer v Gollner, John.                  16.  105-#23-10 Knauer v Oamilda, Glen.

      17.  1105-#23-11 Knauer v Lacuesta, Celeste.            18.  1107-#23-17 Knauer v Lacuesta, Celeste.

      19.  1108-#23-19 Knauer v Gollner, John.                  20.  1108-#23-20 Knauer v LoPresti, Matthew.

      21.  1108-#23-21 Knauer v LoPresti, Matthew.           22.  1109-#23-22 Knauer v Gollner, John.

      23.  1109-#23-23 Knauer v LoPresti, Matthew.           24.  1109-#23-24 Knauer v Lacuesta, Celeste.

      25.  0507-#34-03 Timson v NB No. 34.                      26.  0801-#34-01 Timson v NB No. 34.

      27.  0802-#34-03 Timson v NB No. 34.                      28.  0910-#34-13 Timson v Dudley, Kioni.

      29.  0911-#34-16 Timson v Dudley, Kioni.                 30.  1006-#34-10 Timson v Dudley, Kioni.

      31.  1007-#34-14 Timson v Dudley, Kioni.                 32.  1106-#34-12 Timson v Cullen, Troy.

      33.  1106-#34-13 Timson v Legal, Jack.                     34.  1106-#34-14 Timson v Souza, Evelyn.

      35.  1106-#34-15 Timson v Lacuesta, Celeste.           36.  1001-#34-02 Dudley v Timson_Young_    

                                                                                                 Golojuch.

      37.  1001-#34-05 Dudley v Timson, Maeda.               38.  1005-#34-07 Dudley v Timson_Golojuch_Young_

                                                                                           Zahn.

      39.  1005-#34-08 Dudley v Timson, Maeda.               40.  1005-#34-09 Dudley v Timson, Maeda.

      41.  1008-#34-15 Dudley v Timson, Maeda.               42.  1011-#34-19 Dudley v Timson, Maeda.

      43.   0910-#34-14 Timson, Keith v Dudley, Kioni.

Finley moved to approve the dismissal of agenda item 8A, due to withdrawal by complainants of Complaint Numbers 1 – 43, as read by the Chair. Pahinui seconded the motion. No discussion followed. The motion was ADOPTED UNANIMOUSLY, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn). Pahinui thanked and congratulated ES Velasco for convincing these complainants for withdrawing their complaints.    

 

Dismissal of Complaint No. 2012-02 Cox v Kelii_Searle_Makanani_Teruya due to complaint not alleging any violations of the Neighborhood PlanFinley moved to dismiss Complaint No. 2012-02; Stubbs seconded the motion. No discussion followed. The motion was ADOPTED UNANIMOUSLY, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Dismissal of Complaint No. 2012-07 Murphy v Aipoalani_Grace_Rezentes_Teruya due to complaint not alleging any violations of the Neighborhood PlanFinley moved to dismiss Complaint No. 2012-07; Stubbs seconded the motion. No discussion followed. The motion was ADOPTED UNANIMOUSLY, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Dismissal of Complaint No. 2012-06 Fenton v Steelquist due to complaint not alleging any violations of the Neighborhood PlanFinley moved to dismiss Complaint No. 2012-06; Stubbs seconded the motion. No discussion followed. The motion was ADOPTED UNANIMOUSLY, 9-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Comments followed: Tamamoto questioned why these three (3) complaints were not dismissed early on because it did not allege any Neighborhood Plan violation. She would like to consider this for further discussion for another meeting. Chair Young reminded that letters would be sent by the NCO to complaints/respondents (Agenda items 8B, C & D) of the dismissal. 

 

Selection of hearing date for Complaint No. 2012-01 Zahn v NB No. 23. §2-14-11(d) Meeting Notice and Agenda – Chair Young noted that the Commission agreed to convene sanction hearings on the fourth Monday of even months. Therefore, the Commission will convene on Monday, October 28, 2013 to hear Complaint No. 2012-01.  

 

Chair Young noted that she just received notice informing that complainant Zahn has decided to withdraw Complaint No. 2012-01. This will be on the next regular meeting agenda for withdrawal. Zahn explained his reasoning that at the time when the violation occurred, a number of individuals are currently no longer on the NB.  

 

Chair Young gave Mick the go ahead to send notice out for the next complaint on the list for October 28, 2013.

 

Appointment of a qualified resident(s) to the Pearl City Neighborhood Board No. 21, in accordance with §2-14-104 (e) of the 2008 Neighborhood Plan – Chair Pro Tem (CPT) Cruz Vina was present to request assistance from the Commission. Total membership is 13, and there were nine (9) members elected. But for the last two (2) meetings, the NB kept coming short and unable to attain quorum. It was suggested to CPT Vina that perhaps changing the total membership to nine (9); however, Vina is reluctant to do so due to upcoming issues (Koa Ridge, Transit Center, etc) that will come before the NB in the near future. Vina intends to make an announcement at his meeting tomorrow night that the NB is looking for any interested individuals wishing to be on the NB.

 

Questions, comments and concerns followed:

 

  1. Membership – This is a 13 member NB. Of the nine (9) members that were elected, quorum is seven (7), however, for the last two months, there seems to be two (2) to three (3) members absent thereby having less than a quorum present.
  2. Break Down – The previous chair had not been sworn-in and is not likely to come back, a second member has received orders to work out of state for forty days, and a third member has a family medical situation and is unable to attend meetings. Tomorrows meeting, Vina anticipates a shortage with only four (4) members present because a fourth member is in Washington DC for a week.

 

  1. Convening Meeting – Vina indicated at this point, the meetings are informational only. The NB is unable to elected NB officers, adopt meeting minutes, appoint committee assignments, vote on budgetary expenditures, etc. without a quorum.

  

  1. Request for Volunteers – Zahn verified being at the past two (2) meetings when the announcement was made but there were no volunteers. Vina gave a brief background at one time the membership was 15, but lost two (2) seats (Newtown) to Aiea NB. Mick noted that a flyer was sent out wit the agenda asking for interested individuals to contact the NCO. So far, there has been none but the NCO will continue to search.

 

  1. Members Not Sworn-In – Members that have not been sworn-in within the 60-day requirement were automatically disqualified. However, if those members are still interested, they can still be appointed to the NB if interested. Vina is trying to spread the word throughout the community of the openings available.

 

Finley would like to put this item back on the next regular agenda. However, if the NB is fortunate to find interested individuals perhaps a special meeting can be convened. Chair Young was open to convening a special on October 28, 2013, for the appointment prior to the sanctions hearing. Vina was asked to contact the NCO no later than October 21, 2013 with names of any interested person(s) for consideration.

 

Report on Evaluation Neighborhood Board Visitations – Zahn has submitted Monitoring Reports for several NBs that were distributed by email/mail to Commission members for review. Chair Young has asked Mick to send these monitoring reports to the appropriate NB chairs for review.

 

Comments followed: Zahn noted the common thread is that chairs tend to let speakers talk beyond the allotted time limit. Tamamoto shared concerns of the Aiea NB that the facility is not large enough and parking is inadequate; however, this will be resolved when the NB moves into the new Library in February/March 2014. Ewa NB seems to still have an issue with control of the meeting.  

 

ANNOUNCEMENTS:

 

  • Next Commission Regular Meeting – Scheduled for Monday, November 25, 2013 at 7:00 p.m. at the City Council Committee Meeting Room, Honolulu Hale, Room 205, 530 South King Street.  This meeting may be recessed pending Commission action.
  • Next Sanctions Hearing/Special Meeting – Scheduled for Monday, October 28, 2013, 6:30 p.m., at the Council Committee Meeting Room 205.
  • Tentative Special Meeting – Scheduled for Monday, October 28, 2013, refer to posted agenda for time, at the Council Committee Meeting Room 205. To appoint a qualified resident to the Pearl City NB No. 21.
  • Neighborhood Plan Committee Meeting – Scheduled for Monday, October 28, 2013 at 10:00 a.m. – 11:00 a.m., Mission Memorial Conference Room (1st Floor).   

 

ADJOURNMENT:  The meeting adjourned at 8:09 p.m.

 

Submitted by,

 

Marie Richardson

NCO staff

 

Reviewed by,

Bryan Mick, CRS

 

Reviewed by,

Sylvia Young, Chair

Last Reviewed: Tuesday, November 19, 2013