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Neighborhood Commission

 

REGULAR MEETING MINUTES – DRAFT

MONDAY, JULY 23, 2012   

CITY COUNCIL COMMITTEE MEETING ROOM

HONOLULU HALE, ROOM 205

530 SOUTH KING STREET

 

CALL TO ORDER: Chair Sylvia Young called the Neighborhood Commission (NC) regular meeting to order at 7:05 p.m. with a quorum of five (5) Commissioners present. Note – This is a nine (9) member Commission and requires five (5) members to establish quorum and take official Commission action.

 

Commission Members Present – Bob Finley, Jeanette Nekota (arrived at 7:26 p.m.), Kathleen Pahinui, Bob Stubbs, Claire Tamamoto (arrived at 7:31 p.m.), and Sylvia Young.

 

Commission Member Absent – Loryn Guiffre and Wilson Kekoa Ho.

 

Guests – Charles Zahn (Member, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34); Ariel De Jesus and Celeste Lacuesta (Member, Ewa Neighborhood Board No. 23); Bert Narita (Member, Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5); Ron Lockwood (Member, McCully-Moiliili Neighborhood Board No. 8); Polly "Granny" Grace and Cynthia Rezentes (Nanakuli-Maili Neighborhood Board No. 36); Alice Greenwood and Pat Patterson (Concerned Elders of Waianae); Roger Lacuesta; Kamilla Chan (Deputy, City Corporation Counsel); J. Thomas Heinrich (Executive Secretary); Bryan Mick, Marie Richardson, Aisha Wang, and Theona Kapoi (Neighborhood Commission Office). *All board members are speaking in their individual capacity and not as a representative of the Board unless otherwise indicated.* 

 

ROLL CALL OF COMMISSIONERS: A roll call of members established a quorum of five (5) Commissioners present.

 

APPROVAL OF MINUTES:

 

June 25, 2012 Regular Meeting Minutes – Executive Secretary (ES) Heinrich noted that on page 6 of the minutes, the NC adopted the resolution relating to conducting a "digital election" and the BE IT RESOLVED paragraph includes the term alternative methods as requested.

 

Finley moved, Pahinui seconded that the June 25, 2012 Neighborhood Commission regular meeting minutes be APPROVED as CIRCULATED. The motion was UNANIMOUSLY ADOPTED, 5-0-0 (Aye: Finley, Gall, Pahinui, Stubbs, and Young; No: None; Abstain: None).

 

Executive Session Minutes – Finley moved, Pahinui seconded that Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4) for the purpose of consulting with the Neighborhood Commission's legal counsel on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities in relation to the review and approval of Executive Session minutes. The motion was UNANIMOUSLY ADOPTED, 5-0-0 (Aye: Finley, Gall, Pahinui, Stubbs, and Young; No: None; Abstain: None).

 

The Commission moved into Executive Session at 7:11 p.m.

 

Chair Young reconvened the regular meeting at 7:15 p.m.

 

PUBLIC INPUT:

 

Board Meeting Minutes – Charles Zahn questioned who is responsible for completing the minutes after the Neighborhood Assistant (NA) and video recorder has departed from the meeting. There are some instances where records of the meeting minutes were not available and there is no way to tell what actions have been taken.

 

Questions, comments, and concerns followed:

 

1.       Board Secretary – ES Heinrich noted that the Board secretary or designee is responsible for completing the minutes after the NA and video recorder has departed.

2.       Particular Neighborhood Board (NB) – Commissioner Pahinui questioned if the concern was being raised for a particular NB. ES Heinrich requested that Zahn send additional information to him via e-mail so that he can follow up accordingly.

3.       Video Recording Services – Mick noted that the video recording contract only allows for NB meetings to be recorded for 2 hours and 58 minutes. NA's upon leaving will have to remind their Chair that the Board is responsible for completing the remaining minutes.

4.       Committee Minutes – Commissioner Nekota commented that concerns have also been raised about NB committee minutes not being available.

 

EXECUTIVE SECRTARY'S REPORT:

 

Neighborhood Commission Office (NCO) Update – ES Heinrich noted that he has often mentioned to the NC about the possibility of NCO staff recalibration. There will be two internal promotions for the NCO which include Marie Richardson to the Community Relations Specialist III and in turn, Leland Ribac will become the NA Supervisor. Staff member Kazu McArthur will assist Ribac with various duties of the NA Supervisor. ES Heinrich hopes to fill the two vacant positions left in the NCO which include one NA and one Elections Clerk.

 

Commissioner Nekota arrived at 7:26 p.m.; Quorum of six (6) Commissioners present.

 

Status of Pending Complaints Update – ES Heinrich commented that the request for complainants to withdraw complaints has been sent. They have until August 20, 2012 to respond to the NCO with their decision about withdrawing or continuing the complaint. This deadline was given so that the complaints may be placed on the August 27, 2012 regular NC meeting for action. The letter also informed complainants that the NCO will look more directly at the substance of the complaint if the respondent no longer serves on a Neighborhood Board.

 

Questions, comments, and concerns followed:

 

1.       No Response – ES Heinrich noted that a "no response" to the withdraw request will be brought before the NC as the complainant not wanting to proceed with the complaint.

2.       Appreciation – Commissioner Pahinui expressed appreciation to ES Heinrich and his staff for moving the complaints forward and taking affirmative action.

 

Commissioner Tamamoto arrived at 7:31 p.m.; Quorum of six (6) Commissioners present.

 

NEIGHBORHOOD PLAN COMMITTEE REPORT: Committee Chair Finley noted that the Honolulu Star Advertiser will publish the public hearing notice for the Neighborhood Plan Amendments. The Public Hearing will be held concurrently between 10:00 a.m. and 11:00 a.m. on Saturday, August 25, 2012 at Kapolei Hale Conference Room A and Mission Memorial Annex, Second Floor Atrium. Mick noted that he will post the public hearing notice on the NCO website. Copies of the proposed amendments will be made available at the public hearings locations and they are also available on the NCO website at http://www1.honolulu.gov/nco.

 

Commissioners Nekota and Tamamoto will assist with the public hearings at Kapolei Hale. Commissioners Finley and Young will assist with the public hearings at Mission Memorial Annex.

 

Without objection, the Commission moved the agenda out of order.

 

Finley moved, Stubbs seconded to reopen discussion for the June 25, 2012 regular Neighborhood Commission meeting minutes.  The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

 

Commissioner Nekota requested the following changes be made in the minutes:

·         Page 2, second full paragraph, last sentence should read, "…have not been posted to the NCO…"

·         Page 2, third full paragraph should read, "Commissioner Nekota visited the Nanakuli-Maili NB No. 36 in May 2012. She was not aware of what was going on at the meeting until someone brought it to her attention. It was being noted at the meeting that what is reflected in some of the committee meeting minutes is not actually what happened at the meeting, as some residents were noting that they were not in attendance at the committee meetings, but were listed as having attended. Also, the agenda that was posted on the website was not the agenda that was handed out at the meeting. The agenda on the web "under New Business" was blank but the one handed out had items. She was unable to compare the two because all the copies placed on the table were gone.

 

Resident Pat Patterson requested the following changes be made in the minutes:

·         Page 5, the beginning of the fifth paragraph should read, "Makaha resident… a Concerned Elder of Waianae."

 

Pahinui moved, Finley seconded that the June 25, 2012 Neighborhood Commission regular meeting minutes be APPROVED as AMENDED. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

 

The agenda resumed order.

 

COMMISSION BUSINESS:

 

Neighborhood Plan (NP) Public Hearing Timeline – Commissioner Finley hopes to bring the finalized amendments to the NP to the NC's regular meeting in September 2012. The NP committee will meet prior to the full NC meeting in September 2012 to review and discuss the testimony that occurred at the public hearings.

 

Neighborhood Board Conduct and Parliamentary Issues Update – ES Heinrich noted that in the past month there have been some instances with veteran Board Chairs not properly the conducting the board's business. In one instance the Chair approved a motion that did not have sufficient number of votes to do so.

 

Commissioner Pahinui commented on some of the candidate's forums that she has heard about and wanted to mention that the Kahaluu NB conducted their candidate's forum very well and had a great turn out. It was recommended that other candidate forums be modeled after the Kahaluu NB. 

 

ES Heinrich will follow up regarding three absence letters that need to be sent to Board members for the 2012 fiscal year. Mick also informed the NC that a reminder letter will be sent to Board Members who did not complete the Sunshine Law training requirement.

 

Chair Young requested that ES Heinrich expand and explain to the rest of the NC what happened at the June 27, 2012 Makakilo/Kapolei/Honokai Hale (Makakilo) Regular Board meeting. ES Heinrich noted that at the last Makakilo NB meeting, a situation developed where an anonymous letter attacked a member of the Makakilo NB and that member's family. This letter and the conduct of some audience members interfered with the business of the Board, but did not pertain to Board business. The NB meetings are a public meeting and anyone is allowed to set down information on the sign in table. The Makakilo meeting was called to recess on several occasions. Ultimately, police officers were called to the meeting and the meeting was adjourned. The Board, NC, or NCO does not monitor the materials left on the sign in table. The NCO supports the Chairs decision to adjourn the meeting.

 

Questions, comments, and concerns followed:

 

1.       Present Board Member – Zahn noted that the Chair called a recess and indicated that the meeting would not reconvene until the audience had settled down. A recess was called several times and when it finally did not settle down, the Chair adjourned the meeting. ES Heinrich commented that it was a reasonable decision reached by the Chair to do so.

2.       Video Recording – Mick commented that footage taken at the meeting may have been taken by an iPhone by someone in the audience and released to the news stations.

3.       Anonymous Letter – ES Heinrich commented that the contents on the letter were not related to matters of Board business.

4.       Chair's Responsibility – C. Lacuesta questioned the Chair's responsibility for protecting the Board Members as she was just elected Chair to the Ewa NB. ES Heinrich noted that in his opinion, it is not the responsibility of the Chair to "clear" the room of unwanted things, as every member of the Board is responsible for maintaining or restoring order and decorum. Mick pointed out that the chairs cannot be expected to review every piece of material and judge if they are truthful or not.

5.       Meeting Control – Grace commented that the Chair did everything he could to control the Makakilo meeting but was not successful. Grace noted that she contacted the police with hope of regaining control of the meeting.

 

Chair Young requested that this be brought up to note that the NC or the NCO could have nothing to do with the decision of issues such as this at NB meetings.

 

Recommendation to Initiate Sanctions Against the Ewa Neighborhood Board and/or Its Members – ES Heinrich distributed the written recommendation to the NC.

 

Pahinui moved, Nekota seconded that the Neighborhood Commission accept the written recommendation to initiate a complaint hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 and/or it's current members pursuant to section 2-18-101 of the Neighborhood Plan as distributed by ES Heinrich.  Discussion followed:

 

·         Commissioner Gall questioned when Celeste Lacuesta became Chair of the Ewa NB No. 23 and how the most recent meeting went.

·         C. Lacuesta stated that she was the presiding officer at the July 12, 2012 Ewa NB meeting Board and noted that the meeting went fine.

·         Commissioner Nekota stated that she departed that same meeting at 9:30 p.m. because they were only on the public input portion of the meeting.

·         ES Heinrich noted that the recommendation to the NC is a general summary. If the NC were to accept the recommendation as is, then this document will be advanced to the Ewa NB members.

 

Finley moved, Stubbs seconded that the Neighborhood Commission move into Executive Session pursuant to Hawaii Revised Statutes Sections 92-4 & 92-5(a)(4) for the purpose of consulting with the Neighborhood Commission's legal counsel on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities in relation to the complaint process and Chapter 18 of the Neighborhood Plan. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

 

The Commission moved into Executive Session at 8:09 p.m.

 

Chair Young reconvened the meeting at 8:31 p.m.

 

After further discussion with legal counsel, Commissioners Pahinui and Nekota withdrew the motion to accept the written recommendation distributed by ES Heinrich.

 

Pahinui moved, Nekota seconded that the Neighborhood Commission defer the written recommendation to initiate a complaint hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 and/or it's current members pursuant to section 2-18-101 of the Neighborhood Plan as distributed by ES Heinrich.  Discussion followed:

 

·         Ribac requested the NC keep in mind the seriousness of this complaint and to press the matter.

·         Commissioner Tamamoto supported the motion so that better details may be included in the recommendation for the NC to discuss.

·         C. Lacuesta questioned the NA's ability to speak out at Board meetings. Commissioner Pahinui noted that her question was not relevant to the motion being discussed.

·         Chair Young commented that the NC has decided to hold a special meeting on July 30, 2012 to discuss the matter further.

 

The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

 

Recommendation to Initiate Sanctions Against the Nanakuli/Maili Neighborhood Board and/or Its Members – Commissioner Finley noted that the written recommendation was specific enough to move forward with.

 

Finley moved, Pahinui seconded that the Neighborhood Commission accept the written recommendation to initiate a complaint hearing to consider the imposition of sanctions against the Nanakuli-Maili Neighborhood Board No. 36 member Kimo Kelii pursuant to section 2-18-101 of the Neighborhood Plan as distributed by ES Heinrich.  Discussion followed:

 

·         ES Heinrich emphasized that the complaint is only against Nanakuli-Maili NB Member Kimo Kelii.

 

The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

 

Election of Officers – Stubbs moved, Tamamoto seconded that the Neighborhood Commission keep the same Officers – Sylvia Young serving as Chair and Bob Finley serving as Vice Chair. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

 

ANNOUNCEMENTS:

 

Next Neighborhood Commission Meeting – The Neighborhood Commission's next regular meeting is scheduled for Monday, August 27, 2012 at 7:00 p.m. at the City Council Committee Meeting Room, Honolulu Hale, Room 205, 530 South King Street. The Commission's regular meetings are scheduled for the fourth Monday of each month, unless otherwise noticed.

 

Public Hearing Reminder – The Neighborhood Plan Amendments Public Hearing will be held concurrently between 10:00 a.m. and 11:00 a.m. on Saturday, August 25, 2012 at Kapolei Hale Conference Room A and Mission Memorial Annex, Second Floor Atrium. 

 

ADJOURNMENT: The meeting was adjourned at 8:43 p.m.

 

Submitted by Theona Kapoi, Neighborhood Commission Office

 

Reviewed by Bryan Mick, Neighborhood Commission Office

 

 

Last Reviewed: Tuesday, August 21, 2012