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REGULAR MEETING MINUTES

MONDAY, JANUARY 27, 2014  

CITY COUNCIL COMMITTEE MEETING ROOM 205

 

CALL TO ORDER:  Chair Sylvia Young called the meeting to order at 7:00 p.m.

 

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

 

Members AbsentKathleen Pahinui (notified absence).

Guests – Ron Lockwood (Chair, McCully-Mo’ili’ili NB No. 7), Bert Narita (Member, Diamond Head/Kapahulu/St. Louis Heights NB No. 5), Cruz J. Vina, Jr. (Chair, Pearl City NB No. 21), Bixby Ho, Michelle Matson (Member, Diamond Head/Kapahulu/St. Louis Heights NB No. 5), Nicole Velasco (Executive Secretary), 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; Dos Santos-Tam, Finley, Guiffre, Tamamoto, Yamanoha, Young, and Zahn.  

 

APPROVAL OF MINUTES:

 

Regular Meeting Minutes of November 24, 2013Finley moved, Tamamoto seconded the approval of the Regular Meeting Minutes of November 24, as amended with the following correction: 

 

  • Page 2, under item 4E – Executive Secretary’s Report, should read as, “…and decided to convene the meeting outside the normal meeting room.”  

 

The approval of the minutes ADOPTED, as amended 7-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Tamamoto, Yamanoha, Young, and Zahn).

  

REPORT OF ANY NEIGHBORHOOD COMMISSION BUSINESS CONSIDERED BY THE LILIHA/PUUNUI

/ALEWA/KAMEHAMEHA HEIGHTS NEIGHBORHOOD BOARD NO. 14 – Dos Santos-Tam had no report.

 

PUBLIC CONCERNS:

 

Parks & Recreation (PR) Resolution – Ron Lockwood, chair of the McCully-Mo’ili’ili NB, shared concern of a Resolution by NB No. 8 that was never received by the Department of Parks and Recreation. The resolution regarded posting of park closure signs and that all signs should be consistent and reflecting closure hours from 10:00 p.m. to 5:00 a.m.; with the exception of Ala Wai Park that has closing hours from 11:00 p.m. to 5:00 a.m.

 

Regarding the parks, Tamamoto noted that two years ago, the park department wanted all NBs to post all the same signs, and this measure was passed. Lockwood said the park in question is located at the triangle point (Long’s Drug) between King and Beretania streets; Ala Wai Park is the exception (closes at 1:00 a.m. due to late park activity). ES Velasco was asked to ensure that staff sends out the resolutions.

 

Neighborhood Board Evaluations – Lockwood stated that the McCully-Mo’ili’ili NB has not received any of the evaluation reports conducted by the Commission. Chair Young noted that the instructions from the NC were to ensure evaluation reports be forwarded to the chairs of each NB that the Commissioners had visited. 

 

Elected Officials Newsletters – Lockwood noted that community members are requesting monthly newsletters of elected officials. As part of the NB services, Lockwood asked if these monthly newsletters be scanned and archived online.

 

Dos Santos-Tam agreed that the idea to have a depository is a good idea and perhaps some place where those could be uploaded so members of the public can see what gets distributed. Tamamoto added a suggestion should be that if reports are going to be made that it be available electronically which would certainly help the NCO staff. Mick asked clarification if the request is in questions to those reports that have not necessarily been reported at the meeting.

 

Zahn asked if the request was to have all these reports from the elected officials be included in this report to be included as part of the minutes. Chair Young will put this matter on the next regular agenda for discussion and get NCO staff to do some research.        

 

Request for Quarterly Newsletter – Cruz Vina asked if were possible for the NC put out a quarterly newsletter on NC highlights. The NC would take this matter under consideration at a later date.

 

EXECUTIVE SECRETARY’S REPORT:  ES Velasco reported that following:

 

Update on Neighborhood Commission Office (NCO) Organization and Staffing – The NCO had a few changes within the office: Daniela Arriaga started today as a Neighborhood Assistant (NA) I. Leland Ribac, NA II, will be moving to a different City department as of February 3, 2014. Rise Doi, former NA I, will be moving into Ribac’s position, as the NA II. To fill Doi’s position on February 3, 2014, will be Lori Synder, as a NA I. The second senior clerk position will be kept vacant due to budgetary reasons. Velasco will keep the NC posted of any changes.

     

Update on Guidebook – The NCO made several revisions in consultation with COR. On January 17, 2014, the current draft was submitted for final review made and the NCO is waiting to hear from COR of any changes. The NCO will have the document ready by March 1, 2014 for the Conference of Chairs (COC).  

 

Update on Videographer Vendor Contract – The NCO, in conjunction with vendor, David Jones, has been working with Budget and Fiscal Services (BFS) to extend his vendor contract. David Jones will continue to service the NBs and will be picking up a few other NBs who have decided to videotape as well.

 

At Finley’s last meeting (NB No. 09), the videographer sent a live stream of his meeting. Finley favored the idea but he did not think it was part of his contract. In response, Velasco was hesitant to take on a new service being that there was a 25% increase request on the vendor’s next contract; when actually there would be an increase allowance of five percent based on the existing contract. But given there had been a few issues with timeliness, quality and professionalism of some of the work product; so budget wise, the NCO would need to be very frugal. But it is something to consider if it can be worked out.  

 

Zahn said the last NB meeting he went to had a recess and the only thing the videographer did was cut the sound and not the picture. He and the NA were informed by the videographer that Olelo said that if the sound is cut that the picture should remain because people were upset that they could not see what was going on. Zahn said perhaps reviewing the contract would be beneficial whether Olelo can tell the videographer what can be done.

 

Mick noted that the NA talked to David Jones the next day following the meeting, although it was one of his staff that was at that meeting. The NCO had asked Jones that if there was a contentious meeting and a recess was called, to keep filming in case there’s an incident; but to edit it out of the broadcast as the contract requires; the NCO contract only requires that videotaping of the meeting while in session. Mick also believed that Jones was able to accommodate that request. 

 

Update on Conference of Chairs (COC) – An invitation via email was sent announcing the COC event on Saturday, March 1, 2014, to be held at the Blaisdell Center, Maui Room from 9 a.m. to 12:30 p.m.; check-in at 8:30 a.m. There will be refreshments; coffee and donuts in the morning and lunch following the event.  

 

Stubbs asked since there can only be two members that can attend the COC how does this impact NB 14. Chair Young noted this would need to be discussed (on tonight’s agenda). It was further explained that the NC formed a PIG (Permitted Interaction Group) in order to allow four (4) NC’s to attend the last COC. If a special meeting is so desired for all NC members to attend, then this meeting will be open to the public. This was not the intention for the COC as written in the NP which limits it to the chair and vice chair. If either the chair or vice chair is unable to attend the COC; a designee(s) could take their place. But in the case of NB No. 14, where two members are members of the NC, the circumstance is different; for example, if only one member is part of the four (4) Commission PIG members, then only one member of NB No. 14 can be a designee. If two (2) members of the NC are assigned to the PIG, then no other NB member can attend the COC.

  

Tamamoto had concerns about limiting NC members from attending the COC, in that it would be beneficial to make it an open meeting to share the knowledge. Mick emphasized making this an open meeting means it would be opened to the entire public, and runs the risk of the meeting not being a meeting for and of the chairs. Also the entire public would have to be allowed to submit testimony on any agenda item. 

 

Chair Young suggested the formation of a PIG, and the four (4) NC members attending would be the chairs of the standing committees; the Neighborhood Plan, Finance and Election committees, besides herself. Chair Young asked NC members to think about it and this discussion will continue later on tonight’s agenda (item 7F).

 

Update on FOF (Findings of Fact) for Complaint 2012-08 Matson v Diamond Head Board No. 5 – The NCO received the FOF today from COR for Complaint 2012-08, Matson v Diamond Head NB No. 5. A copy of the FOF will go out to the complainant/respondents once the paperwork is finalized.

 

COMMITTEE REPORTS:

 

Elections Committee – Committee Chair Zahn had nothing new to report at this time. Zahn gave a heads up that an election committee meeting will be scheduled soon with time line information.     

 

Finance Committee – Committee Chair Tamamoto had nothing new to report at this time, and Tamamoto will be scheduling a meeting.

 

Budget Inquiry – Finley read in the newspaper about affordable housing being in the budget. He asked if there are any concerns of the NCO’s budget being cut; however, ES Velasco replied that our budget is so small that the NCO would likely not be affected by those funds falling through.

 

Neighborhood Plan Committee – Committee Chair Finley reported that the results of the committee meeting had been sent out and are starting to get inputs back. As far as the ad hoc committee, the proposed change would be that the NC may establish a committee and committee members may be designated as ad hoc members. Ad hoc members shall not be able to propose motions or vote on any commission action; and shall not be counted for purposes of determining a quorum. Finley also noted that this can be proposed for the NB section of the Plan as well should this be the desire of the NC; Mick indicated that this is included in the proposed Plan changes.

 

Questions, comments and concerns followed:

 

  1. Adhoc Committee Inquiry – Zahn noted at the last NC meeting there was mention about adhoc committee members and he wondered whether anything was done to correct this error. Chair Young noted that this matter was referred to the Neighborhood Plan committee and should be addressed then.  

 

  1. Zahn asked what is the NC going to do to correct the error regarding the existing adhoc committee members on NBs. At this point, Chair Young noted that there is a proposal to make those changes in the NP. However, since the error was done last year and a complaint was not filed within the 45 calendar days of the alleged violation, the NC cannot act upon this matter at this point.

 

  1. Three Absence Rule – Tamamoto was at the Aiea NB No. 20 and a concern was raised regarding the proposal to delete the three (3) absence rule for the NC. The comment was that the NC should be held to the same rule as NBs regarding the three (3) absence rule for members. Chair Young added that the comment period is open now and the NB should send all comments, concerns or objections directly to committee chair Finley; this is the proper procedure. Zahn was also at that same meeting and the NB expressed concern about the proposal to change the Commission’s number of meetings (not less than four) per year; and acknowledged that the responses are to be submitted to the NP committee. Finley is happy that inputs are coming in and looks forward the discussion. 

 

Survey Committee – Committee Chair Guiffre reported the meeting held on January 8, 2014 was very successful. It was not intended to be two hours long but there was excellent input. It was decided that it could not be just be a survey just for the sake of having one but rather have a series of surveys starting with a base line demographics one. One of the main things discussed was that the surveys needed to be short and concise. As the meeting progressed, it started getting into the details, but no hard decisions were made. The committee looked at doing three different surveys on three different topics. The committee has not set up a meeting date yet but will do one very soon.      

 

COMMISSION BUSINESS:

 

Dismissal of complaint due to fact that respondent is not a current board member:

 

1101-#13-01 Matusow v Middleton. Sections 2-14-107 Reporting change of residency and 2-14-108 Disqualification by relocationFinley moved, Stubbs seconded the motion to dismiss complaint 1101-#13-01 Matusow v Middleton. The motion was ADOPTED 8-0-0 (AYE:  Dos Santos-Tam, Finley, Guiffre, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Dismissal of complaint due to alleged violation being moot:

 

0703-#13-06 Matusow v Downtown Neighborhood Board No. 13. Article 9 Vacancy, Section 3‑9.3 – Mick suggested adding section Finley moved, Stubbs seconded the motion to dismiss complaint 0703-#13-06 with the added section 4-2.3 Absence. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Dismissal of complaint as alleged violation provides a general principle and is not self-executing and is therefore moot:

 

2013-05 Noga v Moore. Section 2-13-106 Community forum limitationsFinley moved, Stubbs seconded the motion to dismiss 2013-05 Noga v Moore. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Dismissal of complaint due to withdrawal by complainant:

 

0702-#05-03 Gau v Wong/MatsonFinley moved, Guiffre seconded the motion to dismiss complaint 0702-#05-03 Gau v Wong/Matson, due to withdrawal by complainant. The motion was ADOPTED 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Selection of complaints to be heard at the February 24, 2014 sanctions hearing: 

 

2013-03 Iseke v Koolauloa No. 28 – Sections 2-13-101 Purpose, 2-13-102 General powers, duties, and functions of the boards, 2-12-104 Standards of Conduct, 2-13-106 Community forum limitations, 2-13-107 Representative capacity of board members, 2-14-101 Oath of office, 2-14-124 Committees, 2-14-125 Appointment of delegates.

 

2013-04 James v Koolauloa #28 – Sections 2-13-101 Purpose, 2-13-102 General powers, duties, and functions of the boards, 2-12-104 Standards of Conduct, 2-13-106 Community forum limitations, 2-13-107 Representative capacity of board members, 2-14-101 Oath of office, 2-14-124 Committees, 2-14-125 Appointment of delegates.

 

Mick noted that the first two complaints (7E) above are identical with the exception of the complainants and Mick expects the witness listings to be the same. A point of information, the NB was asked to appoint a representative to represent the NB at the hearing. The NB chair, Verla Moore, will be representing the Koolauloa NB.

 

Chair Young suggested hearing both complaints the same night and put a time limit in place for each complaint. The date to hear both complaints has been scheduled for Monday, February 24, 2014 at 6:35 p.m. with a  60 minutes time limit for the complainant and respondent to each present their respective cases (30 minutes each).

 

2013-05 Noga v Moore Section 2-13-106 Community forum limitations – This complaint has been dismissed in item 7C, as the alleged violation provided a general principle and is not self-executing and is therefore moot.

 

Conference of ChairsFinley moved that the NC establish a Permitted Interaction Group (PIG) to conduct the COC on Saturday, March 1, 2014. NC members to participate in the COC included; Chair Young, Tamamoto (Finance), Finley (Neighborhood Plan) and Guiffre (Survey); Stubbs seconded the motion. The motion was ADOPTED, 8-0-0 (Aye:  Dos Santos-Tam, Finley, Guiffre, Stubbs, Tamamoto, Yamanoha, Young, and Zahn).

 

Report on Evaluation of Neighborhood Board Visitations – Chair Young reminded all NC members that when attending and/or participating in any NB meeting, that a full disclosure need to be made. Zahn indicated that when he attends a NB meeting that he signs in on the attendance, but does not usually say anything. Chair Young expressed the importance that when going to any NBs for an evaluation that these reports be forwarded to those NB chairs that were being evaluated. Chair Young asked that NC members also inform the NC of your plan to attend and or participate a NB meeting, so as not to have too many attending the same meeting. Dos Santos-Tam informed Chair Young that he had attended the Waikiki NB No. 9 for his job. Chair Young also asked all NC members to use the standard evaluation form when attending any NB meeting.

 

Zahn gave brief overviews of the evaluations of NBs that he attended. One of particular concern was the Makakilo NB 34 which he questioned whether or not he or NC should file a violation against the NB. Chair Young referred to ES Velasco that the evaluation report should be sent and a letter also pointing out the violation of the Sunshine Law. The Chair felt this letter could come from the NCO. However, Finley indicated that this matter came before the NC and the NC should respond to the concern. Zahn noted that this matter also applies to the ad hoc committee members of the NB as well.

 

Tamamoto added that NB chairs should also be reminded that they should pass the gavel when participating in discussion. Chair Young did not believe this is a wide spread situation, however, it is something that can be discussed in the COC or something that can added into the Guidebook. Mick added that there is nothing in the NP that bars NB committees from having more than a quorum on the committee. Chair Young noted that perhaps this is something that needs to go before the NP committee; it was agreed that this should be reviewed before sending out the letter. Mick noted that OIP can be asked to opine on this matter. Lockwood also noted that if the NP is silent, then Robert’s Rules of Order should be referenced. Mick noted that the NP also allows for non board members to be on committees too.   

         

Selection of date for May regular Commission meeting due to the fourth Monday in May falling on Memorial Day – In light of the Memorial Day holiday, staff had reserved the meeting room for the week before on Monday, May 19, should the NC opt to reschedule this meeting. The only NB meeting held on May 19 is the Wahiawa NB. The NC will RECESS, Monday, May 26, 2014 (Memorial Day Holiday). The NC also discussed and decided to convene the upcoming regular meeting dates as listed under Announcements.

 

ANNOUNCEMENTS:

 

  • Next Sanctions Hearing – Is scheduled for Monday, February 24, 2014 at 6:35 p.m. at the City Council Committee Room 205, Honolulu Hale, 2nd Floor, 530 South King Street.
  • Next Regular Meeting – Is scheduled for Monday, March 24, 2014 at 7:00 p.m. at the City Council Committee Room 205, 2nd Floor, 530 South King Street.
  • Regular Meetings – Upcoming Regular meetings to be scheduled on Monday, April 28, 2014, 2014 at 7:00 p.m. and Monday, June 23, 2014 at 7:00 p.m., and Monday, July 28, 2014 at the City Council Committee Room 205.    

  

ADJOURNMENT:  The meeting adjourned at 8:41 p.m.

 

Submitted by:

 

Marie Richardson,

NCO staff

Last Reviewed: Monday, March 17, 2014