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NEIGHBORHOOD COMMISSION

 

DRAFT NEIGHBORHOOD PLAN COMMITTEE MEETING MINUTES                                          

MONDAY, MAY 19, 2010

HONOLULU HALE, COUNCIL COMMITTEE HEARING ROOM, 2ND FLOOR

 

 

CALL TO ORDER: Committee Chair Robert Finley called the meeting to order at 7:08 p.m. with a quorum of six (6) members present.    

 

Members Present:  Brendan Bailey, Robert Finley, Ed Gall, Wilson Ho, Jeanette Nekota, and Sylvia Young.

 

Members Absent:  Sheila Apisa (notified absence), Ron Mobley (notified absence), and Robert Stubbs (notified absence).

 

Guests/Staff:  Michael Golojuch, Sr.; Thomas Heinrich (1st Vice Chair, Manoa Neighborhood Board No. 7); Clifton Takamura; Elisabeth Contrades; Rae Gee (Executive Secretary), Bryan Mick (Executive Assistant), Theona Kapoi, Linnie Pascual (Neighborhood Commission Office).

 

APPROVAL OF MINUTES:  The Neighborhood Plan Committee Minutes of October 26, 2009 was APPROVED as CIRCULATED by UNANIMOUS CONSENT, 6-0-0 (AYE: Bailey, Finley, Gall, Ho, Nekota, and Young).

 

COMMITTEE BUSINESS:

 

Chair Finley thanked each member of the community who submitted suggestions and reminded everyone that this is not the periodic comprehensive review Committee directed in §2-20-101, but rather a Committee to address issues discovered on implementation of the 2008 Neighborhood Plan. This will be an ongoing process by the Committee to propose the necessary changes until the next ten year review is due in 2018.  

 

The following criteria were used to select the proposed amendments: (1) Does the current language in the plan prevent neighborhood boards the ability to meet and/or serve the community; (2) Is the change required to allow the Neighborhood Commission the ability to respond to complaints and concerns in a timely manner; (3) Is a change necessary to comply with State/Federal law or City Charter; and (4) Is what we recommend able to be reviewed by the Department of the Corporation Counsel in a timely manner.

 

In the six (6) months following the Committee’s initial meeting of October 26th, Chair Finley has worked with the Neighborhood Commission Office (NCO), Neighborhood Commission Chair Bailey, have included changes recommended at the October 26th Committee meeting, and have considered input from the community.  Chair Finley was hopeful that the proposed amendments to the 2008 Neighborhood Plan being reviewed this evening can move forward to the full Commission and on to the Public Hearing process.

 

One Section added to the list of proposed amendments to the 2008 Neighborhood Plan is the Complaint and Review Section of Chapter 18. It was noted that the Neighborhood Plan does not allow a timely response to complaints.  With the new language being finalized, the Committee hopes to provide persons filing complaints a more responsive procedure and reduce costly hearings in the future.      

 

Proposed Amendments from the Neighborhood Commission Office (NCO) – Chair Finley proceeded with the following amendments for public comment, followed by Committee comment and approval to continue the process or not to approve the amendment:  

 

§2-11-104 – Petition for adoption, amendment, or repeal of rules.

Current Language:

(a)  Any interested person may petition the commission in writing to request the adoption, amendment or repeal of any rule under this subtitle. 

(b)  The petition shall be filed with the commission through the commission office.  It shall include:

(1)              The name, address, and telephone number of the petitioner.

(2)              A statement of the nature of the petitioner's interest.

(3)              A draft or the substance of the proposed rule or amendment or a designation of the provision sought to be repealed.

(4)  An explicit statement of the reasons in support of the proposed rule, amendment or repeal.

(c)  The commission shall within thirty days after the filing of the petition either deny the petition in writing, stating its reasons for the denial, or initiate proceedings in accordance with chapter 91, HRS, for the adoption, amendment or repeal of the rule, as the case may be. 

 

Proposed Language:  Move entire Section to Chapter 20 and re-number Chapters 11 & 20.

 

DISCUSSION:  A concern was raised that for clarification purposes, the amendment to this section is to renumber the appropriate sections to restore order. The language in Chapter 20 relates to Title 2 subtitle 2. Chapters one through eleven were rules for the Commission and Chapters 12 through 20 were rules of the Neighborhood Plan.

 

The document being reviewed was proposed amendments to the 2008 Neighborhood Plan from the Committee, Neighborhood Commission Office, and the public. The amendments will have to go through public hearing before final approval.

 

  • HEARING NO OBJECTIONS, THE PROPOSED AMENDMENT TO §2-11-104 WAS APPROVED.

 

§2-11-104 (c)Petition for adoption, amendment, or repeal of rules.

Current Language: The commission shall within thirty days after the filing of the petition either deny the petition in writing, stating its reasons for the denial, or initiate proceedings in accordance with chapter 91, HRS, for the adoption, amendment or repeal of the rule, as the case may be.

 

Proposed Language: The commission shall within thirty ninety (90) days after the filing of the petition either deny the petition in writing, stating its reasons for the denial, or initiate proceedings in accordance with chapter 91, HRS, for the adoption, amendment or repeal of the rule, as the case may be.

 

DISCUSSION: A concern was raised that the Commission cannot make this change unless it is done at the Legislature in Bill form. Hawaii Revised Statues (HRS) Chapter 91-6 would not allow this change. It was recommended have the sentence read, “… or initiate proceedings.” It was stated that it may be a worth while bill to pursue due to many agencies having difficulty of realistically meeting a thirty day response to a petition.

 

  • THE PROPOSED AMENDMENT TO §2-11-104 (c) WAS DEFERRED BY THE COMMITTEE.

 

§2-11-319 – Parliamentary authority.

 

  • THE COMMITTEE DELETED PROPOSED AMENDMENT TO §2-11-319.

 

§2-13-107 – Representative capacity of board members.

 

  • THE COMMITTEE DELETED PROPOSED AMENDMENT TO §2-13-107. 

 

§2-14-101 (a) – Oath of Office.

Current Language: (a) Before entering upon the duties of office, each member elected or appointed shall subscribe to the following oath or affirmation before a person duly qualified to administer oaths, including neighborhood assistants:

 

Proposed Language: (a) Before entering upon the duties of office, each member elected or appointed shall subscribe to the following oath or affirmation before a current member of the Neighborhood Commission, a current employee of the Neighborhood Commission Office or a Notary Public:

 

DISCUSSION: A concern was raised about the Notary Public and the process by which it would be tracked that the oath had been accomplished. The amendment was based on situations out of the ordinary, but the creation of a form-type document could confirm that all formalities of the process had been accomplished. However, form-type document could simplify and lessen any challenges of who is duly qualified to administer the oath of office. Other suggestions included the addition of the City Clerk, the Executive Secretary, as duly qualified persons; and the use of a new technological method (skype).

 

  • HEARING NO OBJECTION, THE PROPOSED AMENDMENT§2-14-101 (a) WAS APPROVED WITH THE EXCEPTION OF ADDING SPECIFICALLY THE EXECUTIVE SECRETARY. If the City Clerk has no objection, then the Committee can add the term “City Clerk.”

 

§2-14-101 (c) – Oath of Office.

Current Language:  A member shall be disqualified and the seat vacant if a member fails to subscribe to the required oath of office within thirty days after:  (1) The date the board term begins;

           

Proposed Language:  A member shall be disqualified and the seat vacant if a member fails to subscribe to the required oath of office within sixty (60) days after:

 

Final Proposed Language:  A member shall be disqualified and the seat vacant if a member fails to subscribe to the required oath of office within sixty (60) days after:   It was also referenced that §2-14-101 (b) to read as follows:  “Newly elected or appointed members may shall not assume the duties of office…”

 

DISCUSSION: There was agreement to the changes in the final proposed language.  

 

  • HEARING NO OBJECTIONS, THE FINAL PROPOSED AMENDMENT TO §2-14-101(c) WAS APPROVED.

 

§2-14-101 (d) – Oath of Office.

Current Language:  No current language.

 

Proposed Language:  (d)  Elected members who are unable to take the oath of office within the sixty (60) days time period due to health, military service or other extraordinary circumstances, may request an extension from the Executive Secretary.

 

Final Proposed Language:  (d)  An elected or appointed member who is unable to take the oath of office within the sixty day time period due to health, military service or other extraordinary circumstances, may request an extension of time from the Executive Secretary.

 

DISCUSSION:  The wording of the proposed language of §2-14-101 (d) is a “catch all” to assure that everyone is covered under this Oath of Office paragraph. The request should be put in writing to have a record of the conversation. However, it should also include in record in cases of phone call to the Executive Secretary. It should be an office policy that can be approved by the Executive Secretary.

 

  • HEARING NO OBJECTIONS, THE FINAL PROPOSED AMENDMENT TO §2-14-101 (d) WAS APPROVED WITH THE INCLUSION OF THE EXECUTIVE SECRETARY.

 

§2-14-102 (a) – Board Term.

Current Language:(a)The term of office for the members of the boards shall be for a period of two years, from July 1 of an odd numbered year to June 30 of the next successive odd numbered year. (b) All board members shall serve non-staggered terms of office, and all board seats shall be up for election at the same time in odd numbered years.

 

Proposed Language: (c) Neighborhood commission may extend the current term of all neighborhood board members by one two-year term.

 

DISCUSSION: Based on budget concerns, this commission may be called upon to extend the term of the neighborhood board members. The commission should have some ability to react should something happens. There was some preference to leave the language open-ended. Otherwise, there may be a strong compulsion by the City Council to postpone elections due to the lack of funding.

 

  • HEARING NO OBJECTIONS, §2-14-102(a) WILL BE LEFT IN IT’S CURRENT LANGUAGE TO ALLOW FOR FURTHER DISCUSSION AMONG A FULL COMMISSION AND PUBLIC HEARING PROCESS.

§2-14-103 (a) – Transition and initial convening.

Current Language: The re-elected board member who holds the longest continuous tenure on the board shall serve as chair pro tem of the new board and shall be responsible for the preparation and filing of the agenda for the first board meeting, whether regular or special, held on or after July 1 of the new term. The agenda for the first board meeting of the new term shall include the election of officers as the first item of business.

 

Proposed Language:  The elected Board member who most recently served as an officer on the Board shall serve as the Chair pro tem of the new board, with priority being given to the Chair, then the Vice-Chair, then the Secretary, then the Treasurer.  If no former officers serve on the new board, the member who holds the longest continuous tenure on the board shall serve as chair pro tem.  The Chair pro tem shall be responsible for the preparation and filing of the agenda for the first board meeting, whether regular or special, held on or after July 1 of the new term.  The agenda for the first board meeting of the new term shall include the election of officers as the first item of business.

 

DISCUSSION: There was concern and need for direction a better definition of record keeping. It was argued against burdening the neighborhood commission office in that can be easily determined. It was cautioned about getting overly detailed because there will always be situations that are not foreseeable and will have to be dealt with at that time; it is difficult to write a Plan with every single possibility.    

 

§2-14-104 (b) – Membership vacancy.

Current Language:  A vacancy shall be filled at a regular or special meeting of the board.

 

Proposed Language:  A vacancy shall be filled at a regular or special meeting of the board.

 

DISCUSSION:  It was argued against the proposed language to remove the phrase, “or special.” The consensus was okay with the current language as deemed appropriate.

 

  • HEARING NO OBJECTIONS, THE PROPOSED LANGUAGE TO §2-14-104 (b) WAS NOT APPROVED.

 

§2-14-104 (d) – Membership vacancy.

Current Language:  Before a board meeting to fill a vacancy, each individual seeking appointment to the vacant seat shall provide evidence, satisfactory to the executive secretary or designee, that the individual is duly qualified to fill the vacancy.

 

Proposed Language:  Before a board meeting to may fill a vacancy, each individual seeking appointment to the vacant seat shall provide evidence, satisfactory to the executive secretary or designee, that the individual is duly qualified to fill the vacancy.

 

  • HEARING NO OBJECTIONS, THE PROPOSED AMENDMENT TO §2-14-104 (d) WAS APPROVED.

 

§2-14-104 (f) – Membership vacancy.

Current Language:  No current language.

 

Proposed Language:  If a subdistrict vacancy on a board remains unfilled for two consecutive regular meetings due to no candidate from the subdistrict standing for appointment by the board to fill the vacancy, then any duly qualified candidate who resides in the board district may be considered by the board for appointment to fill the subdistrict vacancy for the remainder of the term.

 

  • THE COMMITTEE WILL NOT ADD §2-14-104 (f) AS A PROPOSED AMENDMENT.

 

§2-14-109 (c) – Meetings.

Current Language:  A special meeting may be called at any time by the chair or by the board.

Proposed Language:  A special meeting may be called at any time by the chair or by the board. The agenda must be filed within seven (7) calendar days prior to the meeting date.

 

DISCUSSION: It was noted that in order to comply with §2-14-111 (b) – Meeting notice and agenda, the proposed language to §2-14-109 (c) – Meetings was further revised. 

 

Final Proposed Language:  A special meeting may be called at any time by the chair or by the board.  The agenda must shall be filed within at least seven (7) calendar days prior to the meeting date.

 

  • HEARING NO OBJECTIONS, THE FINAL PROPOSED AMENDMENT TO §2-14-109 (c) WAS APPROVED.

 

§2-14-109 (d) – Meetings.

Current Language:  All or any part of a meeting, except an executive meeting, may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction; provided the recording does not interfere with the conduct of the meeting.   

 

  • THE COMMITTEE DELETED PROPOSED AMENDMENT TO §2-14-109 (d). 

 

§2-14-111(b) – Meeting notice and agenda.

Current Language:  The meeting notice and agenda shall be prepared by the chair or presiding officer and shall be filed in the city clerk's office and commission office for public inspection at least six calendar days before the meeting.  The notice and agenda shall also be posted at the site of the meeting whenever feasible.

 

Proposed Language:  The meeting notice and agenda shall be prepared by the chair or presiding officer and shall be filed in the city clerk's office and commission office for public inspection at least six seven calendar days before the meeting.  The notice and agenda shall also be posted at the site of the meeting whenever feasible.  The meeting notice and agenda shall be transmitted to the NCO in an electronic format deemed acceptable by the NCO, at a time of its filing with the City Clerk.

 

DISCUSSION: The last sentence is redundant and should be deleted. How the agenda and minutes are processed or transmitted to the NCO should be decided by the Executive Secretary as an internal policy of NCO; and not put into the NP which requires rulemaking under Chapter 91. It was explained an electronic format of the minutes and agenda asked to be compatibility with NCO.

 

Final Proposed Language: The meeting notice and agenda shall be prepared by the chair or presiding officer and shall be filed in the city clerk's office and commission office for public inspection at least six seven calendar days before the meeting.  The notice and agenda shall also be posted at the site of the meeting whenever feasible.

 

  • HEARING NO OBJECTIONS, THE FINAL PROPOSED AMENDMENT TO §2-14-111(b) WAS APPROVED.

 

§2-14-114 – Quorum and majority vote.

Current Language:

(a)  The presence of a majority of all the members to which the board is entitled shall constitute a quorum to do business.

(b)  The vote of not less than the majority of the entire membership to which the board is entitled shall be necessary to take any official action, unless otherwise specifically provided by this plan or by law.

(c)  A board member who is present at the meeting shall be counted for the purpose of determining quorum.

(d)  If a quorum is lost by any member leaving the meeting, the meeting shall be suspended and no business may be conducted.  The meeting shall not resume until a quorum is re-established. If the meeting cannot be resumed within a reasonable period of time, it shall be adjourned.

(e)  If no quorum is present for a scheduled meeting or quorum is lost and the meeting is adjourned, the presiding officer may remain and listen to persons and allow the presentation of reports from government agencies, elected officials, or engaged presenters, provided that no other board members are present and that the presiding officer first reads aloud a statement advising those persons present that:

(1)    Due to lack of quorum, no meeting is being held by the board and no minutes are being taken;

(2)    Presentations are not being received on behalf of the board and shall not be in the board's record;

(3)    Any communication to the presiding officer shall not be considered public testimony and shall not be in the board's record; and

(4)    Any communication by the presiding officer is not made on behalf of the board and shall not be on the board's record.

 

Proposed Language:

(a)  The presence of a majority of all the members to which the board is entitled shall constitute a quorum to do business.

(b)  The vote of not less than the majority of the entire membership to which the board is entitled shall be necessary to take any official action, unless otherwise specifically provided by this plan or by law.

(c)   A board member who is present at the meeting shall be counted for the purpose of determining quorum.

(d)  If a quorum is lost by any member leaving the meeting, the meeting shall be suspended and no business may be conducted.  The meeting shall not resume until a quorum is re-established. If the meeting cannot be resumed within a reasonable period of time, it shall be adjourned.

(e)  If no quorum is present for a scheduled meeting or quorum is lost and the meeting is adjourned, the presiding officer may remain and listen to persons and allow the presentation of reports from government agencies, elected officials, or engaged presenters, provided that no other board members are present and that the presiding officer first reads aloud a statement advising those persons present that:

(1)    Due to lack of quorum, no meeting is being held by the board and no minutes are being taken;

(2)    Presentations are not being received on behalf of the board and shall not be in the board's record;

(3)    Any communication to the presiding officer shall not be considered public testimony and shall not be in the board's record; and

(4)    Any communication by the presiding officer is not made on behalf of the board and shall not be on the board's record.

 

DISCUSSION: The proposed deletions lined out were required to comply with the law.

 

  • HEARING NO OBJECTIONS, THE PROPOSED CHANGE TO §2-14-114 WAS APPROVED.

 

§2-14-119 – Adjournment.

Current Language:

A meeting is adjourned when:

(1) A motion to adjourn is adopted;

(2) There is no further business on the agenda;

(3) The presiding officer adjourns the meeting due to exigent circumstances that require immediate attention; or

(4) Quorum is lost pursuant to section 2-14-114(d).

 

Proposed Language:

A meeting is adjourned when:

(1) A motion to adjourn is adopted;

(2) There is no further business on the agenda; or

(3) The presiding officer adjourns the meeting due to exigent circumstances that require immediate attention.; or

(4) Quorum is lost pursuant to section 2-14-114(d).

 

DISCUSSION: When a quorum is lost the Board no longer can take action on issues.

 

  • HEARING NO OBJECTIONS, THE PROPOSED CHANGE TO §2-14-119 WAS APPROVED.

 

§2-14-124 (g) – Committees.

Current Language:  Committees shall prepare meeting notices, agendas, and minutes, and shall hold meetings at places reasonably accessible to the public.  Committee meeting notices and agendas shall be distributed to the board members and persons on the mailing list.

 

Proposed Language:  Committees shall prepare meeting notices, agendas, and minutes, and shall hold meetings at places reasonably accessible to the public.  Committee meeting notices, and agendas, and minutes shall be distributed to the board members and persons on the mailing list filed with the NCO.

 

  • HEARING NO OBJECTIONS, THE PROPOSED AMENDMENT TO §2-14-124 (g) WAS APPROVED.

 

§2-14-124 (h) – Committees.

Current Language:  No current language.

 

Proposed Language:  (h) Committee appointments expire each June 30th and/or if directed to expire earlier by the board.

    

  • THE PROPOSED AMENDMENT TO ADD §2-14-124 (h) WAS DEFERRED.

 

Commissioner Ho departed at 9:17 p.m., leaving five (5) Commissioners present.

 

The meeting recessed at 9:30 p.m.

  • §2-17-202 (b) – Voter eligibility and registration.
  • §2-17-202 (e) – Voter eligibility and registration.
  • §2-17-204 (a) (3) – Candidate eligibility and registration.
  • §2-17-209 (e) – Candidate list.
  • §2-17-309 (b) – Certification of election results.
  • Chapter 18 – Review and Complaint Process.

 

ADJOURNMENT:  The meeting adjourned at 9:35 p.m.

 

 

Submitted by:

 

Linnie Pascual and

Neighborhood Commission Office staff

 

Last Reviewed: Wednesday, October 19, 2011