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REGULAR MEETING MINUTES

MONDAY, NOVEMBER 25, 2013  

CITY COUNCIL COMMITTEE MEETING ROOM 205

 

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

 

Member PresentTyler Dos Santos-Tam, Robert “Bob” Finley, Loryn Guiffre, Kathleen Pahinui, Robert “Bob” Stubbs, Claire Tamamoto (arrived 7:07 p.m.), Sylvia Young, and Charles Zahn.

 

Members Absent – Russell Yamanoha (notified emergency).

Guests – Cruz Vina (Chair, Pearl City NB No. 21), Rodney Boucher (Member, Ewa NB No 23); Bert Narita, Linda Wong (Chair), Barbra Armentrout, Barbara Miller and Michelle Matson (Members, Diamond Head/Kapahulu/St. Louis Heights NB No. 5); Tom Smyth (Member, Downtown NB No. 13), Tom Heinrich, Kevin Rathbun (Chair, Ewa NB No. 23); Romeo Garcia, Bryan Mick and Marie Richardson (Neighborhood Commission Office staff).

 

Roll Call of Commissioners, Establishment of Quorum – A roll call of Commissioners established a quorum of seven (7) members present.

 

APPROVAL OF MINUTES

 

Special Meeting Minutes of August 26, 2013 (Sanctions Hearing Matson v Diamond Head/Kapahulu/St. Louis Heights NB No. 5)Finley moved, Pahinui seconded to approve the Special Meeting Minutes of August 26, 2013. Hearing no objections, the minutes were APPROVED 7-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Young, and Zahn).

 

Regular Meeting Minutes of September 23,

3. 2013Finley moved, Zahn seconded to approve the Regular Meeting Minutes of September 23, 2013, as corrected. Hearing no objections, the minutes were APPROVED as AMENDED, 7-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Young, and Zahn).

 

  • Page 5, Item 2, Break Down (at the top), line 2 – “…work out of state for forty 400 days, and …”

 

Special Meeting Minutes of October 28, 2013Pahinui moved, Guiffre seconded to approve the Special Meeting Minutes of October 28, 2013. Hearing no objections, the minutes were APPROVED 7-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Young, and Zahn).

 

Special Meeting Minutes of October 28, 2013 (Sanctions Hearing Kaopua III v Teruya)Finley moved, Dos Santos-Tam seconded to approve the Special Meeting Minutes of October 28, 2013. Hearing no objections, the minutes were APPROVED 7-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Young, and Zahn).

 

Commissioner Tamamoto arrived at 7:07 p.m.; Eight (8) members are now present.

 

Executive Session Minutes of August 26, 2013 (Sanctions Hearing Matson v Diamond Head/Kapahulu/St. Louis Heights NB No. 5)Pahinui moved, Dos Santos-Tam seconded to move into Executive Session to ADOPT the meeting minutes of the August 26, 2013. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Young, and Zahn).

 

Commission moved into Executive Session at 7:08 p.m. Pahinui moved, Tamamoto seconded to reconvene regular session. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Young, and Zahn). The meeting reconvened at 7:11 p.m.

 

PUBLIC CONCERNS:

 

Community Emergency Response Team (CERT) – Rodney Boucher, instructor with CERT, gave an overview and made available emergency management handouts. Interested persons were encouraged to participate in CERT training. Also, the Community Resilience Program (CRP) is being conducted through the Department of Emergency Management. Members of the Kailua and Ewa Beach NBs are involved in the CRP for their areas.  Please visit honolulu.gov/DEM for more information. Flyers are also available online and copies are available at the different parks and recreation locations. Another great program of interest is Nixle.com. Boucher has disclosed that he is also a member of the Ewa NB.    

 

EXECUTIVE SECRETARY’S REPORT:  Bryan Mick reported the following in the absence of ES Velasco who is on vacation:

 

Update on Neighborhood Commission Office (NCO) Organization and Staffing – Noelle Wright, recently hired as the Public Relations Assistant and Neil Baarde as a Neighborhood Assistant I. The second Senior Clerk position is vacant and will remain vacant for the rest of the fiscal year.

 

Update on Guidebook – The NCO received the second set of the recommended revisions from COR and is currently making additional changes per those recommendations. Once the changes are made, the draft will be returned to COR for review and approval.

 

Update on presentation given to Council’s Intergovernmental Affairs and Human Services meeting on October 31, 2013 Update on NCO website – The NCO gave a presentation to the City Council’s Intergovernmental Affairs and Human Services Committee on October 31, 2013. Requested topics for discussion included a) Public Awareness and Communication Plan, b) Complaint Review & Resolution, c) Neighborhood Assistant Services. The documents provided to the council committee were emailed to all Commissioners on Friday, November 22, 2013.

 

Update on NCO Website – The Department of Informational Technology (DIT) is in the process of building the NCO’s new website to be launched sometime next year. The NCO will keep the Commission updated as information is received from DIT. Please let the NCO know of any suggestions via email to ES Velasco.

 

Update on NCO Recommendation on Ewa Neighborhood Board to redo action taken at their meeting held on September 12, 2013 – The NCO recommended that the Ewa NB meeting of September 12, 2013, to redo the actions taken during that meeting; particularly the election of the NB Chair. The NCO has received a formal written opinion. The confusion occurred because the vice chair who was the presiding officer cancelled the meeting because they were unable to acquire the key to open the meeting room. At that point, one or two persons left the meeting site. Other NB members convinced the vice chair to reverse his original decision and decided to convene the meeting in the parking lot. Therefore, the original decision of the vice chair/presiding officer was determined by the NCO to prevail. The Ewa NB has since successfully voted in a NB chair.

 

Update on Ko`olauloa’s Board Meeting Held November 14, 2013 as it relates to the Findings of Fact from the Commission’s Sanctions Hearing of November 22, 2010 – Following the sanctions hearing on November 22, 2010, the Commission imposed a sanction on the Ko`olauloa board that nullified its actions taken to support the Envision La`ie Plan and mandated that should the board wish to take up the item again, the board may only re-vote after “accepting, reviewing, and considering” all public testimony. On its agenda for November 14, 2013, the board listed “Presentation by La`ie Community Association (LCA) seeking board support for Envision La`ie and Ko`olauloa Sustainable Communities Plan – Pane Meatoga, Jr. LCA President.” The NCO worked with the current chair to make sure the board complied with the FOF and all applicable rules. The board got thru public testimony and entered into deliberations, but due to time constraints on the facility, the board had to continue the meeting to December 9, 2013. The NCO will continue to assist the board as they consider this issue.

 

Neighborhood Board Members Training Schedule – The NCO will seek Parliamentary Procedure training. Plans are tentative for January 2014, and the NCO will keep the Commission posted on any updates.

 

Questions, comments and concerns followed:

 

  1. Ko`olauloa NB No. 28 Meeting – Pahinui reported that she did not attend the November 14, 2013 meeting, but she heard that the NB chair worked hard at following instructions to ensure that all testimony was taken, and ensured that no one was left without having asked their question. Zahn commented that he watched the meeting on Olelo and the meeting ran out of time. The chair was very tactful with the community members that had strong opinions and conducted appropriately and the meeting ran smoothly.

    

  1. Ewa NB No. 23 Meeting – Rodney Boucher referenced item 5E. Since the Ewa meeting, he personally submitted several written/email requests to the NCO, and contacted COR several times requesting written documentation of the decision leading to invalidate the action taken at the September 12, 2013 meeting. He respectfully requested again written documentation.

 

For the benefit of everyone, Chair Young clarified that COR is not available to the NBs, and COR will not be responding to NBs directly. If an opinion needs to be rendered, it will come from the NCO and not COR. Boucher understood but would like to recommend that the process of requesting and disbursing information be reviewed.         

    

  1. More Comments Regarding Ewa NB No. 23 – Kevin Rathbun (chair) wanted to followup on a broken process, in that he has repeatedly asked for written documentation from the NCO with no response. He added in the last two years the board had complied, participated in remedial training, and have tried their best to comply with NCO rules. But he strongly conveyed that regarding the “invalidation of action taken at the September 12 meeting,” that there was no sunshine law violation. He tried multiple times to personally meet with or speak to ES Velasco, someone from the Mayor’s office, as well as COR, and he had received three different stories to this issue. He was upset and very concerned that if the NB has committed a violation then that should be documented by the NCO in writing, and he contends that instead, the Ewa NB is getting zero support from the NCO.         

 

COMMITTEE REPORTS:

 

Elections Committee – Chair Zahn welcomed Tyler Dos Santos-Tam to the committee, and the next meeting to be scheduled Spring 2014. Committee members included Loryn Guiffre, Dos Santos-Tam and Sylvia Young, ex officio.   

 

Finance Committee – Chair Tamamoto had no further update, and welcomed Russell Yamanoha to the   committee. More information will be shared at the next meeting. Mick noted that at the Council Intergovernmental Affairs committee there were inquiries about some staffing and overall budget inquiries. Committee members included Kathleen Pahinui, Russell Yamanoha and Sylvia Young (ex officio).

 

Neighborhood Plan Committee – Chair Finley reported a meeting was held to go over proposed changes to the NP; more information to follow after review of the minutes. Following the review, Finley intends to ask the NCO to send the proposed changes out to the NB chairs and Commissioners for comments. Finley hopes to receive comments back from the NBs around mid March 2014. Committee members included Bob Stubbs and Sylvia Young.

 

  • Discussion of Ad-Hoc Committee Members – Chair Young noted that this was an inquiry by Zahn from a previous meeting of whether it was legal to assign Ad-Hoc committee members on NBs and that the assignment of Ad Hoc members are not addressed in both the NP and Robert’s Rules of Order (RRO). Zahn added that Ad-Hoc committees are nothing more than a special committee and will last as long as a PIG (Permitted Interaction Group). He explained that a NB had assigned Ad-Hoc members to an existing committee, and that these members would have no vote, etc. There was also a letter published by the NCO dated August 27, that addressed this concern. The letter stated the opinion of OIP (Office of Information Practice) in 2008, does allow the use of Ad Hoc committee members but only if the rules (NP) allow it. Therefore, if the NP and RRO do not allow it then this committee should not be allowed. Zahn added that he has no problem with Ad-Hoc members as long as the NP agrees to it. Zahn’s point was clarified that there is a letter setting policy which is not addressed anywhere in the NP; a copy of the letter was given to Finley and he will be addressed at the next Neighborhood Plan committee meeting.

   

  • Call for Comments on Proposed Amendments from Neighborhood Boards – Finley thanked the Elections committee for the input regarding the amendment changes. Tom Smyth suggested the proposed amendment changes be put on the website to be available for all the NB members to print copies for review. Smyth suggested breaking down the changes into who they affect (the boards, Commission, or Commission Office), and that it would be easier to review the proposed changes in hard copy.

 

COMMISSION BUSINESS:

 

Dismissal of complaints due to absence of Neighborhood Plan violation allegation – Chair Young read aloud the NB Complaints 1 through 15 as follows:

 

  1. 07-01-#05-01, Gau v Diamond Head NB              9.   1001-#34-04, Cannon v Timson_Dudley       
  2. 0707-#8A-07, Furuto v McCully NB                     10.  1006-#34-13, Golojuch, C v Makakilo NB      
  3. 0707-#8B-07, Furuto v McCully NB                     11.  1009-#07-16, Case v Heinrich
  4. 0707-#8C-07, Furuto v McCully NB                     12.  1010-#22-18, Kalamau v Andrade_Herolaga 
  5. 0801-#34-02, Golojuch v Makakilo NB                 13.  1109-#11-25, Hamada v Ala Moana NB
  6. 0904-#13-02, Middleton v Lavoie                        14.  1109-#24-26, Patterson v Searle
  7. 0911-#28-15, Heath v Primacio                           15.  1111-#22-27, Wheatley v Waipahu NB
  8. 0911-#23-17, Elgarcio v Nagata

 

Pahinui moved, seconded by Finley to dismiss the complaints 1 through 15 (as read by Chair Young) due to absence of NP violation allegation.  No discussion followed. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Young, and Zahn).

 

Dismissal of Complaints Due to Withdrawal by Complainants – Chair Young read aloud the following complaints to be dismissed due to the withdrawal by the complainants.

 

  1. 1001-#20-06 Lum Lee v Morinaga-Wells. Section §2-13-108 Membership, §2-14-107 Reporting change of residency
  2. 1006-#34-11 Golojuch v Dudley. §2-14-117 Order and Decorum
  3. 2012-01 Zahn v NB No. 23. §2-14-11(d) Meeting Notice and Agenda

 

Stubbs moved, seconded by Guiffre to dismiss complaints 1 through 3 (as read by Chair Young) due to withdrawal by the complainants. No discussion followed. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Young, and Zahn).

 

Establishment of a Special Committee to do a Survey of the Boards Concerning the Effectiveness of the NCO – Chair Young explained there were concerns raised at a City Council Intergovernmental and Human Affairs committee hearings about the 2006 Audit, the 2007 Audit Task Force report, and the 2009 NC evaluation. Pahinui disclosed she was appointed to the 2007 Audit Task Force committee by the City Council; and designated to chair the committee. Pahinui did not recall getting a letter in 2009 of the evaluation for the committee was already disbanded. Chair Young verified that there was a letter signed by then NC chair, Grant Tanimoto.

 

Chair Young clarified a special committee comprising of three (3) members to be assigned by herself with background experience in multimedia and marketing.

 

Discussion followed: With Pahinui’s background as chair of the task force committee, she asked to take part on the committee to offer insight, background and advice. Chair Young said Pahinui was a consideration, and it was also noted that Dos Santos-Tam also had experience in multi-media and marketing as well.   

 

Tamamoto moved, seconded by Pahinui to establish a special committee, comprised of three (3) NC members, to do a survey of the Neighborhood Boards concerning the effectiveness of the Neighborhood Commission Office.  Discussion followed: Finely suggested that since the NCO had just done a survey, that the results be shared with the committee. Although Mick noted that it was not a comprehensive survey, Finley felt this would be a jump-start for the committee. The motion to establish the special committee was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Pahinui, Stubbs, Tamamoto, Young, and Zahn).

 

Mick questioned if the NC is envisioning a paper based or online survey. The consensus to go-green (online) was favored. Picking up on the previous discussion regarding the appointment of the members to the committee, Chair Young appointed Loryn Guiffre (chair), Tyler Dos Santos-Tam, and Russell Yamanoha. 

 

Honolulu City Council Intergovernmental Affairs and Human Affairs Committee Agenda items:  Chair Young informed the NC that she received a letter from Councilmember (CM) Kymberly Pine regarding a survey that was dated November 1st and requested feedback on the survey by November 15, 2013. Young had several different thoughts about this survey on the intent of requesting this information. Others were forwarded the letter and did not respond. Young noted that the questions pertaining to the Neighborhood Board System, and the adoption of the Neighborhood Plan, etc. Young was not about to answer these questions as an individual, and reminded everyone that these questions could only be answered in a duly convened meeting of the NB and/or NC before responding.

 

  • 2006 Audit and 2007 Audit Task Force Report Recommendations – The report can be viewed at the NCO website: http://honolulu.gov/nco/auditandresponses.htm.
  • Implementation of 2009 Neighborhood Commission Evaluation of Audit and Task Force Recommendation – A letter was sent to City Council that was signed by NC chair, Grant Tanimoto.  

 

Questions, comments and concerns followed:

 

  1. Outcome of Council Committee Hearing – Mick attended the hearing and noted that the current auditor, even if he was not the auditor at the time, testified that basically all the recommendations at this point had been implemented. But that the one thing that was left undone was that there were no clear lines of authority per the division of powers between the NC and the NCO. However, Mick felt that the matter had been addressed in the amendment of the 2008 NP that prior the NC could not enforce the rules when there were violations. Mick also added that overall Velasco felt very comfortable coming out of the hearing.

 

  1. Copy of the Neighborhood Plan 2008 – Mick replied that the NP is available online. CM Pine seemed satisfied with the responses as there were no follow-ups required.

 

  1. Tamamoto’s Comments – Tamamoto suggested sending a courtesy letter to CM Pine expressing the NC’s awareness. Chair Young noted that the questions should have been directed to the NC for a response and not the NCO. The audit report was technically the NC’s report, and the answers to the questions relating to the 2008 Audit and 2007 Audit Task Force Report/Recommendations are posted on the NCO’s website.

      

Tamamoto moved that the NC send a courtesy letter to CM Pine saying that the NC is aware of CM Pine’s concerns, and if those concerns were not addressed to please address those specific concerns in a letter to the NC. The NCO was asked to contact CM Pine’s office and invite her to the NC meeting tonight to address any unanswered questions or concerns. In addition, Pahinui (chair of the 2007 Audit Task Force) could respond to any questions regarding the audit, and the NC could respond to questions regarding the evaluation report. Tamamoto gave reasoning that for the purpose of documentation, any specific questions or concerns could be in writing addressed to the NC for response. Pahinui seconded the motion.    

 

Discussion ensued with various comments regarding the emails and letters circulated by CM Pine. Tamamoto believed that CM Pine was following up on a complaint from a constituent. Boucher added that was part of it and that he provided testimony at Pine’s Intergovernmental and Human Affairs Committee on October 31, 2013 regarding the Ewa NB meeting of September 2013. Although there was concern that the time frame given was to short for the NB’s to respond, there were comments that the intention was on behalf of the constituent. It was also noted that the NC cannot really define what CM Pine’s intentions or ideas were that the NC can continue to be open to dialog if CM Pine asks by sending a letter. The motion to send a letter was ADOPTED 6-2-0 (Aye:  Dos Santos-Tam, Guiffre, Pahinui, Stubbs, Tamamoto and Zahn. Nay: Finley and Young).

 

Conference of Chairs – The NC was unable to convene the COC on the October 26, 2013 scheduled date. The NC will target sometime in March 2013; pending confirmation of a venue. Mick will be working on locking in the venue for a Saturday, tentative dates are March 1st, 8th or 29th; more information to follow.        

 

Report on Evaluation Neighborhood Board Visitations – No evaluations.

 

ANNOUNCEMENTS:

 

  • Next Regular Meeting – The Neighborhood Commission’s next regular meeting is scheduled for Monday, January 27, 2014 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.
  • Report from Liliha/Alewa/Puunui/Kamehameha Heights NB No. 14 – No report.
  • Aiea Parade – The annual parade is scheduled for Saturday, December 14, 2013. Everyone is invited and encouraged to attend.    

 

ADJOURNMENT:  The meeting adjourned at 8:25 p.m.

 

Submitted by Marie Richardson, NCO staff

Reviewed by Bryan K. Mick, NCO staff

Reviewed by Sylvia Young, Chair

Last Reviewed: Tuesday, January 21, 2014