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MONDAY, JANUARY 28, 2008
MINUTES OF THE REGULAR MEETING
KAPOLEI HALE, CONFERENCE ROOM A & C
I. CALL TO ORDER: Chair Grant Tanimoto called the meeting to order at 7:18 p.m.
MEMBERS ABSENT: Kalene Sakamoto.
GUEST(S): Ron Mobley (Aiea Neighborhood Board No. 20); Rich Hargrave (Ewa Neighborhood Board No. 23); Patty Teruya and Cynthia Rezentes (Waianae Neighborhood Board No. 24); Kioni Dudley, Carolyn Golojuch, Michael Golojuch, Jr., Michele Golojuch, Mike Golojuch, Keith Timson and Maeda Timson (Makakilo, Kapolei, Honokai Hale Neighborhood Board No. 34);
GUESTS WITH TESTIMONY:
II. ROLL CALL OF COMMISSIONERS: Roll call of Commissioners was taken at 7:18 p.m. with a quorum of five (5) members present of nine (9) total members.
III. FOR INFORMATION:
A. ‘OLELO PRESENTATION: Chair Grant Tanimoto gave a brief description of the proposed pilot project from ‘Olelo to provide webcasting on the internet of all neighborhood boards whose meetings are videotaped for a six month period at no cost.
Kelii Lopez presented the Commission with an overview of what the pilot project would entail using their website with video taken from Manoa and Mililani/Waipio Neighborhood Board and City Council meetings. Lopez demonstrated the use of the website and how to navigate using the video-on-demand features i.e. indexing, jump to, etc.
Manke explained that there are no funds available in the 2008 and 2009 fiscal budget to subscribe to ‘Olelo’s video-on-demand online service. Manke also noted that obtaining grants may be possible alternatives.
Chair Tanimoto called a recess at 7:30 p.m. to allow members and all in attendance time to move from Conference room C to room A to accommodate a larger crowd.
Chair Tanimoto called the meeting back to order at 7:39 p.m. in conference room A and noted that there were now six Commissioners present at the meeting. Tanimoto gave brief summary of earlier discussion in conference room C for individuals that may have missed the beginning. Tanimoto clarified that a motion was not needed, however, a memorandum will be sent to ‘Olelo to approve the agreement between ‘Olelo and the Commission in regards to the pilot program.
B. EXECUTIVE SECRETARY’S REPORT: Manke reported on the following:
1. NCO Update: Last Commission meeting was in October 2007. Since then, the NCO has moved to the roof-top at room 406; had public hearings regarding the Ewa Neighborhood Board (NB) Initiative Petition to change seats to all at large; held three public hearings regarding the Revised Neighborhood Plan; and also another public hearing regarding the formation of the new Nanakuli / Maili Neighborhood Board No. 36. Manke noted that it has been very busy these past few weeks.
2. Staffing Update: Cameron Heen left the NCO staff on November 1st and Bryan Mick has stepped up to fill that position. Currently Mick is taking on double duty until a replacement for his position is found. Mick is covering the complaints process and trying to bring that up-to-date as well as the Mayor’s report. Steve Rodrigues served as a Neighborhood Assistant for more than 20 years resigned due to health reasons; Leland Ribac has returned to the NCO staff to fill that position; Dean Chu served as an NA for more than twenty eight years will be retiring as of March 1st which will be hard shoes to fill after so many years, and the NCO wishes him well. Elwin Spray, NA has just returned from three months extended family leave taking care of his elderly parents. Manke also noted that the NCO had an ambitious year with eight regular Commission meetings and three special meetings.
3. Complaints Update: Currently there are 28 pending complaints which go back to 2003, including many that are pending findings of fact from Corporation Counsel. There are eight from 2004 of which three will be brought back to the Commission for imposition of remedies and five that are pending findings of fact. Manke explained that “findings of fact” is when a complaint has been brought to the Commission for hearing with a report from Corporation Counsel that follows. Currently, there are three complaints from 2005; five from 2006; and eight from 2007. Many complaints are scheduled for pre-hearings between parties which requires assistance from Corporation Counsel.
M. Golojuch, Jr. questioned the status of complaints filed by himself and C. Golojuch. Manke responded that there were two complaints from 2004 that were heard and determination was made by the Commission at that time; however, the remedy was deferred pending training. Golojuch, Jr. clarified that he is still waiting for the remedy; however, he was referring to a different complaint where the board chair of
C. COMMITTEE REPORTS:
1. Budget: Deferred.
2. Training: Commissioner Nekota noted that a training meeting will be held one hour prior to the next regular Commission meeting in February.
D. PERMITTED INTERACTION GROUPS (PIG):
1. Neighborhood Board System Audit Update: Chair Tanimoto reported the Council Task Force on Neighborhood Boards has released a report which is available on-line.
2. Neighborhood Board Minutes / Neighborhood Assistant Minute-Taking: Deferred.
E. NEIGHBORHOOD TASK FORCE REPORT UPDATE: There is an invite to the Task Force Chair, Kathleen Pahinui, to give an update at the next meeting in February.
F. LEGISLATIVE UPDATE: Chair Tanimoto reported Board chairs and commissioners have been contacted during the last session about sunshine law legislation, specifically HB 1512, relating to exemptions to State Sunshine Law that would allow Boards to meet without quorum to hear reports, etc. The Bill passed the House but was not heard in the Senate Intergovernmental Affairs Committee at that time. The bill is to be heard this Friday, and Board members testimonies are welcome. Other bills, Senate Bill 2201 and House Bill 2730, relating to exemptions from the Sunshine Law, have also been introduced.
G. UPDATE ON REVISED NEIGHBORHOOD PLAN: Chair Tanimoto reported that many comments were received and have been put into a spread sheet for review by Commission staff.
Gall moved and Young seconded that the Commission go into executive session to discuss with Corporation Counsel, the process and alternatives for the Commission’s approach to the comments submitted at the public hearings regarding the Draft Revised Neighborhood Plan. The motion carried unanimously.
The Commission went into executive session at this time, 7:48 p.m. The Commission reconvened at 8:17 p.m.
Chair Tanimoto reported that during the executive session, Corporation Counsel advised the Commission on the next step in adopting the Plan. The Commission decided to discuss the comments received at the public hearings at the next regular Commission meeting.
IV. FOR ACTION:
A. RESOLUTION RELATING TO THE INITIATIVE PETITION FOR FORMATION OF THE NANAKULI/MAILI NEIGHBORHOOD BOARD NO. 36: Manke reported that the public hearing was held on December 22, 2007 at
1. Nekota questioned the creation of the new Board without a public hearing to change the Waianae Coast Neighborhood Board’s boundaries as was done when the Mililani Mauka Neighborhood Board was created affecting the boundaries of existing Boards. Corporation Counsel staff reported that the Commission has the authority to set the boundaries for the Nanakuli/Maili Neighborhood Board.
2. Heinrich, as an individual, noted: a) that the Waianae Coast Neighborhood Board has not discussed this matter, b) suggested all members be elected either all at-large or by sub-districts, and not both, c) raised concerns about the budget impacts on the Neighborhood Commission on having to provide services to a new Board, and d) the Commission should take a greater leadership role in evaluating the Board system, and the issue of implementation of the special election.
3. Gail Gomes, Waianae Coast resident, opposed the resolution, noting: a) this matter was not discussed by the Waianae Coast Neighborhood Board, b) questioned if there is funding available for the special election, c) concern about the impacts the creation of the new Board will have on the efforts of the Waianae Coast Neighborhood Boards and the Department of Education’s creation of the Waianae – Nanakuli School District, and d) there are many issues that affect the entire Waianae Coast and the creation of two Boards could divide the community.
4. Clinton Naiwi spoke in favor of the creation of the new Board as being a positive for the community, giving more people the opportunity to participate in their community, giving the Nanakuli community more say in what happens to its own community as other parts of the Waianae Coast such as Makaha may not care about what happens in the Nanakuli area.
5. Harry Choy, a Nanakuli farmer, opposed the creation of the new Board, noting that the community needs to speak as one voice, and not be divided with one portion opposing the other.
6. Polly Grace, a
7. Donna Gatewood, a Maili resident, spoke in favor of the creation of a new Board, noting her community is not being adequately represented.
8. Ms. Gonzales, a Maili resident, spoke in favor of the creation of the new Board, noting her community is not being fairly represented, noting some Board members do not seem to have the interests of the whole
9. Maeda Timson, Makakilo Neighborhood Board, did not have an opinion either way regarding the creation of the new Board, but feels that it is something for the community to decide. She noted her experiences in the division of the Ewa Neighborhood Board into the Makakilo/Kapolei/Honokai Hale Neighborhood Board for many of the same type reasons and that the division was beneficial to both communities. She noted her Board continues to have a positive working relationship with the Ewa,
10. Lori M., a Nanakuli resident, noted an undercurrent of politics, ego, power, and money in trying to gain control of a community and that the length of the Waianae Coast Neighborhood Board meetings is not really the issue.
11. Kurt Fevella, farmer and former Ewa Neighborhood Board chair, spoke in favor of the creation of the new Board and noted the benefits of his and other area Boards working together on matters of common interest, such as the City’s mass transit project.
12. Mel Kahele, spoke in favor of the creation of the new Board.
13. Jo Jordan, community resident, opposed the creation of the new Board, noted a division has been growing over the years, and acknowledged the Waianae Coast Neighborhood Board’s meetings are long and that this community has many issues to address.
14. Kananai Kai spoke for the creation of a new Board as it would help divide the workload, be beneficial overall, and encouraged the two Boards to work together.
15. John Kaopua, a former Waianae Coast Neighborhood Board member, noted he previously submitted written testimony and commented on his experiences as a member where meetings ran long, agendas were not completed, the loss of the quality of life, and the impacts of the HECO plant and the landfill.
16. Carolyn Boyd, a Makakilo resident, spoke in favor of the creation of the new Board.
17. Alvin Awo, a former Waianae Coast Neighborhood Board member, noted the community will have to deal with the City, State and federal governments on matters facing the community, and reminded everyone to remember the history of this area and not to repeat mistakes that were made in the past.
18. Dolly McGee, a Nanakuli High and
19. Melva Aila a) opposed the creation of the new Board, as the workload will be doubled with persons now having to attend both meetings, b) stated that what happens in Nanakuli and Maili will affect the rest of the Waianae Coast, and c) long meetings is not a reason to divide the community into two Boards.
20. In response to Commissioner Young, Chair Tanimoto advised that the Commission’s processing of the petition for the creation of the new Board took about two months.
21. In response to Apisa, members of the community noted that it took about one week to collect the initial 400 signatures, and several months to collect an additional 200 signatures on the petition.
22. Concern was expressed that this process happened too quickly.
23. Nalani Tavares, opposed the creation of the new Board and questioned why the Waianae Neighborhood Board attempts to take care of so much business at a single meeting, and suggested that two meetings be held a month, with one in Waianae and one in Nanakuli.
24. Mr. Bell noted the long time the Commission has taken to complete the review of the Neighborhood Plan and handle complaints, yet this petition was processed in such a short period of time.
25. Kimo Kelii, Waianae Coast Board member and chair of the Board’s Education Committee, noted his work to get principals of all the schools to work together in trying to address educational challenges in the schools on the Coast and the failure of Waianae and Makaha subdistrict members of his Board to attend the committee meetings. He noted that the workload as it is, is overwhelming, and he supports the creation of the new Board.
26. Mel Aila requested and Manke provided clarification of the boundaries for the Nanakuli/Maili Board noting the description comes from the current boundary description for the Waianae Coast Board and its subdistricts. Aila questioned whether the Waimanalo Gulch landfill is within the boundaries of the Nanakuli/Maili Neighborhood Board. Aila noted that the Commission does not have a clear mandate to create the new Board, and Waimanalo Gulch is the issue that has created a break in the community, and that he opposed the creation of the new Board.
27. In response to Apisa, upon further review of maps, it was determined that Waimanalo Gulch falls within the boundaries of the Makakilo/Kapolei/Honokai Hale Neighborhood Board. Discussion followed. Rezentes noted that from the written descriptions of Board boundaries, it is unclear if Waimanalo Gulch falls within the Makakilo/Honokai Hale Board’s boundaries, or not, and that clarification to the language of the boundary descriptions needs to be made.
28. It was suggested that a new Board for only the Nanakuli area be created and that the Maili area be left alone.
29. Ray Onop, a Maili resident supported the creation of the new Board as it would help strengthen the community.
30. In response to Apisa, Corporation Counsel staff noted that the Commission has to approve or not approve the petition. If approved, the boundary description clarification can be made at a later time.
31. Nekota expressed concern that the Commission is deciding how the Waianae Coast Neighborhood Board would be reconfigured rather than the community making the decision.
The motion to accept the resolution carried. The resolution is to be filed with the City Clerk.
Chair Tanimoto called a recess at 9:06 p.m. The meeting was reconvened at 9:15 p.m.
B. RESOLUTION RELATED TO THE AMENDMENT TO INITIATIVE PETITION OF EWA NEIGHBORHOOD BOARD NO. 23 TO CREATE 11 AT-LARGE SEATS (FROM THE CURRENT FIVE SEATS IN SUB DISTRICT 1 AND 6 SEATS IN SUB DISTRICT 2: Nekota reported that at the public hearing no opposition was expressed, no one really testified, and the consensus was in support of the amendment. Nekota moved and Gall seconded to approve the amendment to initiative petition of Ewa Neighborhood Board No. 23 to create 11 at-large seats (from the current five seats in sub district 1 and 6 seats in sub district 2. Discussion followed. Manke read the text of the resolution, which would take effect immediately upon adoption. The motion carried unanimously. The resolution is to be filed with the City Clerk.
C. REQUEST BY
Chair Tanimoto suggested, and the consensus was for the public hearing be held at the Board’s March meeting, and volunteered to serve as the hearings officer.
D. CONFERENCE OF CHAIRS: Chair Tanimoto noted this has been discussed by the Commission and with some Neighborhood Board chairs. Chairs and vice chairs of each Board would be invited to attend the conference which would be a special meeting of the commission. The consensus was to hold the conference of chairs on February 9, 10:00 a.m. – 12:00 noon. An agenda will be filed and items could include bills in the legislature, the Neighborhood Plan, and training for Board members. Smyth noted that the conference of chairs would be an item on the Commission meeting’s agenda, and this would give the Board members the freedom to discuss whatever they desired, and that the conference of chairs would not be bound by sunshine law or by Roberts Rules of Order or any other rules. Ching noted that the meeting should be informal and provide an opportunity for interaction between the Commission and Board members, and between members of the different Boards.
Apisa moved and Ching seconded to hold the special meeting and conference of chairs meeting on February 9, 10:00 a.m. – 12:00 noon. Discussion followed. Heinrich suggested that a longer meeting be held. Apisa and Young suggested the meeting be postponed, and to resolve the
E. TRANSITION OF THE
Smyth noted the Nanakuli/Maili Neighborhood Board area will not have members for at least two months until an election can be held, disenfranchising the community.
Aipoalani suggested that the now former members of the Waianae Coast Neighborhood Board should be appointed, on an interim basis, to fill the seats of the Nanakuli/Maili Neighborhood Board, until an election is held. Discussion followed. It was noted that this could not be done at this meeting as the subject is not on the agenda, and that it could be done at a special Commission meeting on February 4, City Hall, 7:00 p.m., subject to Corporation Counsel staff review.
F. APPROVAL OF THE FOLLOWING MINUTES:
1. EXECUTIVE SESSION MINUTES OF SPECIAL MEETING OF JULY 23, 2007, SPECIAL MEETING OF SEPTEMBER 5, 2007, REGULAR MEETING OF SEPTEMBER 24, 2007, SPECIAL MEETING OF NOVEMBER 5, 2007 (INCLUDING PUBLIC HEARING REGARDING DRAFT REVISED NEIGHBORHOOD PLAN): Corrections were requested to the spelling of Brendan Bailey’s name, and confirming the presence or absence of Bernard Kaahanui at meetings prior to his replacement by Bailey. A question was raised regarding Neighborhood Assistant Dean Chu’s writing of minutes inasmuch as he did not attend these meetings. It was noted that
V. PUBLIC CONCERNS:
A. REQUEST FOR CORPORATION COUNSEL ADVICE: Maeda Timson provided a letter to the Commission requesting advice from the City Corporation Counsel regarding the actions of Kioni Dudly, acting chair of the Makakilo/Kapolei/Honokai Hale Neighborhood Board. She noted that
B. STATUS OF COMPLAINT AGAINST KIONI DUDLEY: Carolyn Golouch requested the status of actions, including requirements to attend training on various subjects such as parliamentary procedure, order and decorum, communications, etc., against
C. ADDITIONAL COMMENTS ABOUT KIONI DUDLEY: Keith Timson, reported on an encounter with a resident, complaining about Maeda Timson, whom Keith Timson encouraged to contact Dudley to explain why
Michael Golojuch, Jr., requested the Commission attend the next Makakilo/Kapolei/Honokai Hale Board meeting to explain the facts about the cancellation of this month’s meeting, and circumstances about former-chair Shad Kane’s resignation. Golojuch noted Dudley defied the Commission which cancelled the meeting, by holding the meeting anyway, calling it to order, did not recognize Board members who were present in the audience, closed the meeting, then held his own meeting where residents complained about Grace Pacific. He then closed that meeting, and held another meeting where he gave out false information. Golojuch urged the Commission to also take action to stop the videotaping of the meetings to be broadcast on Olelo.
Michael Golojuch, a member of the Makakilo/Kapolei/Honokai Hale Neighborhood Board, provided additional comments taking issue with
Michele Golojuch commented on some of her community activities and
VI. ADJOURNMENT: The meeting was adjourned at 10:30 p.m.
Dean Chu, Neighborhood Assistant
Assisting Wendy Matsukado, Secretary
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