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NEIGHBORHOOD COMMISSION MONDAY, JULY 28, 2008 NEIGHBORHOOD COMMISSION MEETING MINUTES l. CALL TO ORDER: Acting Chair Grant Tanimoto called the meeting to order at 7:07 p.m. Members Present – Brendan Bailey, Clara Ching, Members Absent – Guests – II. ROLL CALL OF COMMISSIONERS: Roll call of Commissioners taken had a quorum of six (6) members present (Bailey, Ching, Gall, Mobley, Tanimoto and Young). III. FOR INFORMATION: A. Executive Secretary’s Report – Executive Secretary Joan Manke distributed the Neighborhood NC (NC) Calendar for 2008 and proceeded to report the following: 1. Pilot Program with Olelo – The Memorandum of Agreement with Olelo for a six month pilot program expired at the end of June 2008. Currently online are the proceedings that occurred during the six-month period with no new proceedings posted; she believes these proceedings will be available for viewing online for up to a year. The Neighborhood Commission Office (NCO) will continue to look for funding and welcomes any comments and/or feedback. 2. Staffing – Effective August 1, 2008, John Lane will join the NCO staff as a Neighborhood Assistant (NA); and soon to be leaving is NA Bonnie Trustin who recently submitted her resignation. The NCO will continue staff recruitment. 3. Neighborhood Commission (NC) Member Replacements – The terms of Commissioners Sakamoto and Ching have expired. The Mayor continues to review the process of finding replacements for those whose terms have expired, meanwhile, Sakamoto and Ching will continue to serve until replacements are found. Questions, comments and concerns followed: Maintaining Video Files – Video files could be maintained on CD’s, however, a question whether the NCO would even want to preserve those files would need to be considered. NCO staff was asked to explore the matter. Commissioner Ching has always supported archiving DVD’s for reference. She inquired if Kelii Lopez of Olelo ever provided the information about storage capacity on the server; however, the NCO has yet to receive that information from Olelo. She also requested from previous, a list of videographer’s and service charge. Kapolei Office – A question asked was whether the NC would be going back to Kapolei at some point. Part of the reason for consolidating both offices was that the monthly visitation by the community/board members was not enough to justify maintaining the Kapolei office. However, NA’s would be available should a request be made in advance to meet at Kapolei Hale. There was also discussion of consolidating administrative proceedings and at some point, a NC meeting could be held on the Westside (Kapolei). Relocate NCO to B. Committee Reports:
1. Budget – Kalene Sakamoto was not present; no report was available.
2. Training – Jeanette Nekota was not present; however, Manke advised that in their discussions, Nekota’s intention is to schedule training meetings relating to the new Plan and the Sunshine Law. Tentative dates are being scheduled. 3. Neighborhood Board System Audit – C. Permitted Interaction Group (PIGroup): 1. Neighborhood Board Minutes/NA Minute-Taking – Sheila Apisa was not present; however, Manke recapped the PIGroup’s intention to standardize a template for agendas and minutes. A standard template will help the staff in preparation and consistency, and with the intention of meeting deadlines. A draft template is still under review, and once the draft is finalized, Commissioner Apisa will take the lead on making that presentation to the NC. 2. Elections – Brendan Bailey reported that the PIGroup met and reviewed the upcoming elections process. The basic options or methods available included: (a) paper ballots; (b) online voting; (c) phone-in voting; or (d) a combination of the three methods. The NCO’s election operating budget is $178,000 which have eliminated some options, including paper ballots. A meeting with representatives from the City Department of Information Technology (DIT) and vendors is being planned to go over details. Updates will continue. Questions, comments and concerns followed: Number of Voters and Voter Returns – There is an anticipated increase in the number of registered voters. Historically, the rate of return in the last election was 28%, more than the previous election. There was only a 10% return using online votes in the last election. Funding – It was suggested that the Neighborhood Commission (NC) request additional funding in the supplemental budget to fund the mailing of paper ballots. A difficulty in the last election resulted from the lack of a funding for a direct mailer to everyone, even those living in uncontested areas. This year, the cost of one direct mailer was incorporated into the budget. It was expressed that there should have been better communication between the NC and the NCO regarding the budget cuts and lack of sufficient funding for Board elections. This may be the first election where registered voters receive no ballots. Online and Computer Issues – The limitations of computer space on the website need to be considered. It was stressed that requiring online voting may disenfranchise those who have no access to computers or the internet, are home-bound, or don't go to libraries. Concerns were raised about the security of online voting; it was suggested to have a third party verify online voting results. In fact, some states have enacted laws to prohibit online voting, and while less expensive, the risk involved would be too great if the voter turnout don't at least match the turnout in the last election (28%). Solutions – Solutions presented were: (a) increasing the length of Board member terms to three years, returning to the City Council to request proper funding, and holding the election in even-numbered years (instead of odd-numbered years); (b) requesting a supplemental budget from Council; (c) recommending that each Councilmember reduce their staff by one person; and (d) publicizing greatly the election and making electronic voting more accessible.
Neighborhood Commission Action – The Commission was asked to resign and replace their membership anew if this voting issue cannot be resolved, or the Neighborhood Board System should be abolished; and a lack of faith was expressed in the NCO. State Elections – The State Office of Elections has moved to include the feature of permanent absentee voting with paper ballots. Voting Method – The uneasy prospect of having online and phone voting suggested avoiding the American Idol method of voting. Voting at Public Libraries – Will the Office of Elections allow the equipment at library locations so people are not disenfranchised; and who pays the cost if it’s not included in NCO’s budget. No Final Decision – No course of action or final decision has been taken at this point. Some issues have come up and are actively being worked on. All comments will be considered and the PIGroup will proceed from there. 3. Conference of Chairs – Grant Tanimoto shared the concept of the Conference of Chairs. A panel of speakers will highlight the Revised Neighborhood Plan (NP), the Sunshine Law (SL), Parliamentary Procedures (PP), State of the Neighborhood Commission and the Neighborhood Commission Office. Following the highlights, the meeting will adjourn with a workshop to follow. The workshop will provide greater detail on substantive matters such as the NP, SL and PP; and a round table discussion with the Chairs and Vice Chairs will conclude the workshop. The event is tentatively scheduled for Saturday, August 23, 2008 from 8:00 a.m. to 12:30 p.m. at the Ala Wai Golf Course Club House, Questions, comments and concerns followed: Open Meeting – Discussion talked about an open public meeting for the Conference of Chairs (CC). According to the new Plan, CC is for the chair and vice chair, or designee; and NB’s with more than one vice chair would need to designate the second person. In cases where members, other than the chair and vice chair and wishing to participate in an open meeting, would need to form a PIG to attend. Caution to Attendees – Attendees are cautioned of attendance restrictions according to the new Plan and the Sunshine Law, that it would be the responsibility of the individuals who receive this agenda to know whose attending rather then the NCO having to do the policing. PIG Formation – Formation of a PIG is not necessary if only two members are present. However, it would be necessary if more than two individuals are attending. However, it was noted that between now and August, NB’s would not have the time to form PIG’s. Passed this legislative session, Act 153, allows board members to attend open meetings. Perception – The Conference of Chairs is basically an interaction session among chairs and vice chairs. The perception is believed that the Conference of Chairs is supposed to be anti-NC and the coalition group that opposes everything that the NC does. The fact is that the boards are connected with each other. And the idea behind Conference of Chairs is having the ability to look at problem solving issues that impact the communities. It is not to be consumed or controlled by the NC. Agenda Structure – Comments suggested that the draft agenda is not quite CC, but rather an orientation/lecture type agenda that is totally separate and clearly not what is expressed in the draft agenda. So, structuring the agenda format needs to be reconsidered; for example, adjourning the meeting only to continue with a workshop needs to be looked at. Despite the comments, the NC is taking baby steps in the right direction and details are being worked out. Basic Legal Pronouncements for Clarification – In brief, Kitaoka noted that the only reason it’s a NC meeting is because more than a quorum want to attend from the NC; and 2) the reason that it can’t just be an exchange of private discussions between NB’s, is because it is an open meeting. There are various ways of approaching the situation, but the understanding should be clear the basic issues that face the NC when trying to organize meetings like this. Closing comments were noted: 1) When the last conference was held, Commissioners were restricted to two members, as was the NB’s. 2) A reminder that the PIG’s purpose is an informational gathering and reporting process back to the main body. 3) A compliment to COR for identifying the issues associated with the meeting; and a clearer understanding of what the NC is faced with. 4) The NC will decide tonight which way to proceed. D. Legislative Update – Tanimoto reported that Act 153 is law. COR helped to resolve a dilemma involving a provision of Act 153. Staff will disseminate information that the provisions in Act 153 are applicable; and close to being final. Regardless of what’s in the Plan, by adopting the old law, members would come under the provisions of Act 153. The NC will in time, amend the rules in the Plan to incorporate language in Act 153. IV. FOR ACTION: A. Election of Officers (Term August 2008 – July 2009) – The floor opened for nominations: Chair – Gall nominated Grant Tanimoto; Ching nominated Ron Mobley. Young moved, Bailey seconded to close the nominations. Hearing no other nominations, nominations closed. The gavel was relinquished and the voting commenced. The votes were 1-4-1. Mobley (Ching), Tanimoto (Bailey, Gall, Tanimoto, Young) Abstention (Mobley). At this point, Mobley withdrew his nomination. A second round of voting commenced; the votes were 5-0-1, in favor of Tanimoto (Bailey, Gall, Mobley, Tanimoto, Young). Abstain: (Ching). Vice Chair – Gall nominated Sylvia Young; Ching nominated Mobley. Hearing no other nominations, nominations closed. Young received 4 votes (Bailey, Gall, Tanimoto, Young); seeing that the majority prevailed for Young, Mobley withdrew his nomination. A second round of voting commenced; the votes were 5-0-1, in favor of Young (Bailey, Gall, Mobley, Tanimoto, Young). Abstain: (Ching). B. Approval of Minutes: 1. Regular Meeting Minutes of June 30, 2008 – Corrections to the minutes included: · Page 2, item 3F, For Information – Community Emergency Response Team (CERT), to include the motion: Sakamoto moved that the NC support the CERT Program and encourage dissemination to the Conference of Chairs the information reaching the boards level; seconded by Gall. No discussion followed. The motion carried by unanimous consent, 6-0-0. Aye: Bailey, Gall, Mobley, Sakamoto, Tanimoto, Young. (Ure) · Page 3, item 4D, Executive Session Minutes, should read, “a motion was moved and seconded in order that the NC enter into Executive Session. · Page 3, item 4F, Resolution Adopting the Rules and Procedure Adoption of the Neighborhood Commission and the Neighborhood Plan – refer to Attachment 1 (following tonight’s adjournment). (Glanstein) · Page 4, item 4F, under Discussion #4 should read, “It was noted that the language on page 14-14 of the RNP made the secretary responsible for taking the minutes rather than insuring the minutes were taken. The later wording would continue to permit the neighborhood assistant to take the minutes.” (Ure) Regular Meeting Minutes of April 28, 2008 – Corrections to the minutes include: · Page 3, second paragraph, 3rd sentence should read, “He further stated that it is Corporation Counsel that provides an opinion to the Neighborhood NC whether the changes to the Plan are substantial or not …”. (Glanstein) Ching raised comment and concern of the following: that names be included to identify the person making the statement, that the wording in the RNP is deficient, and that a Table of contents and index is included in the Plan with page numbers of the index, and a clarification regarding a statement that the Commission did not want to make a commitment, that it was not a statement made by the Commission but rather a statement made by Chair Tanimoto. Young moved to approve the Regular Meeting Minutes of April 28 and June 30, 2008, as corrected, including the comments mention; seconded by Bailey. The motion was ADOPTED, 6-0-0. Aye: Bailey, Ching, Gall, Mobley, Tanimoto, Young). With regards to the Table of Contents, Chair Tanimoto commented that NCO staff has made it clear that the goal is to get it done. 2. Executive Session Meeting Minutes – Deferred until the next Commission meeting. V. PUBLIC CONCERNS: 1. Takamura recognized past NA’s that he had the pleasure of working with and expressed the importance that the NC recognize the neighborhood assistants for the efforts and services they provided to their neighborhood boards. 2. Heinrich raised awareness as provided in Section 14-102 of the Charter that Commission members shall be compensated or reimbursed (for mileage/gas) necessary expenses as provided by ordinance; and he would urge the Commissioners and Executive Secretary begin to look at that as an issue. VI. ADJOURNMENT: The meeting adjourned at 8:30 p.m. Submitted by, Marie Richardson, Neighborhood Assistant Attachment 1 – Correction to the regular meeting minutes of Monday, June 30, 2008 of the Neighborhood NC: · Page 3, item 5F, should read, “Mobley moved, seconded by Bailey, the Resolution – Adopting the Rules and Procedures of the Neighborhood Commission and the Neighborhood Plan. (The resolution being part of the motion was missing and should have been included, as required by being in whole, the full motion.) RESOLUTION ADOPTING THE RULES AND PROCEDURES OF THE NEIGHBORHOOD NC AND THE NEIGHBORHOOD PLAN WHERERAS, in compliance with the Revised Charter of Honolulu 1973 (2000 edition) (“RCH”), Section 14-104, and Hawaii Revised Statues (“HRS”), Section 91-3, a notice of public hearing was published in the Honolulu Start Bulletin on September 27, 2007, and three public hearings conducted on November 3,2007, at Kapolei Hale and Windward Community College and on November 5, 2007, at Honolulu Hale for the purpose of receiving testimony on the adoption of the Rules and Procedures of the Neighborhood NC (Title 2, Subtitle 2, Chapter 11), and the Neighborhood Plan of the City & County of Honolulu (Title 2, Substitute 2, Chapters 12 through 20) (collectively, the Administrative Rules”), and WHEREAS, following the close of the public hearings, fifteen calendar days were provided to receive written testimony on the proposed amendments, and WHEREAS, the NC has duly considered all testimony, statements and comments received in connection with the public hearings for the adoption of the proposed Administrative Rules, and WHEREAS, the Neighborhood NC wishes to adopt the Administrative rules, a copy of which is attached hereto, to include changes made in response to the public testimony received, and NOW THEREFORE BE IT RESOLVED, the Neighborhood NC hereby adopts the Rules and Procedures for the Neighborhood NC (Title 2, Subtitle 2, Chapter 11), and the Neighborhood Plan of the City & County of Honolulu (Title 2, Subtitle 2, Chapters 12 through 20), including the changes accepted by the Neighborhood NC at their properly noticed meetings of February 25, March 31, 2008, and with the following provisos: 1. All proceedings pending before the NC including initiative petitions, other petitions, hearings, and investigations that are not completed by the date these rules take effect shall continue until completion in accordance with the rules which were in effect when the proceedings were initiated. 2. The 2007 to 2009 neighborhood board term shall be extended from May 31, 2009 to June 30, 2009. 3. The Executive Secretary is authorized to revise or correct article and section designations grammar, punctuation, and cross-references, and to make such other technical and conforming changes as maybe necessary to accomplish the intent of the Neighborhood NC. 4. The Rules of the Neighborhood NC adopted December 19, 1974, amended May 12, 1998, and effective June 29, 1998, and the Revised Neighborhood Plan 1986 (1998 edition), as amended, are repealed; 5. The adoption of the Administrative Rules, and repeal of the rules of the Neighborhood NC adopted December 19, 1974, amended May 12, 1998, and effective June 29, 1998, and the Revised Neighborhood Plan 1986(1998 edition), as amended, shall take effect ten days after filing with the Office of the City Clerk of the City & County of Honolulu. BE IT FINALLY RESOLVED that certified copies of this Resolution be transmitted to the Mayor of the City & County of Honolulu, to the Chair of the City Council, and to the City Clerk of the City & County of Honolulu.
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| Wednesday, March 11, 2009 |