You are here:  Main / Neighborhood Commission Office / com / 09 / NC October Comm of the Whole Minutes

Printable version (copy and paste into browser):

  http://www1.honolulu.gov/refs/nco/com/09/NC200910CommMin.PDF

 

NEIGHBORHOOD COMMISSION

 

DRAFT NEIGHBORHOOD PLAN – COMMITTEE OF THE WHOLE MEETING MINUTES              

MONDAY, OCTOBER 26, 2009

HONOLULU HALE, COUNCIL COMMITTEE ROOM, 2ND FLOOR

530 SOUTH KING STREET, HONOLULU

 

 

CALL TO ORDER: Committee Chair Bob Finley called the meeting to order at 7:03 p.m. with a quorum of five (5) members present.    

 

Members Present: Brendan Bailey, Bob Finley, Ron Mobley, Jeanette Nekota, Bob Stubbs.

 

Members Absent: Sheila Apisa, Ed Gall, Wilson Ho, Sylvia Young.

 

Guests/Staff: Bert Narita (Chair, Diamond Head/Kapahulu/St. Louis Neighborhood Board No. 5); John Kim (Chair, Manoa Neighborhood Board No. 7), Tom Heinrich, Robert Whitaker (Members, Manoa Neighborhood Board No. 7); Ronald Lockwood (Chair, McCully/Moiliili Neighborhood Board No. 8); Tom Smyth (Member, Downtown Neighborhood Board No. 13); Kimo Pickard, Sr. (Chair, Pearl City Neighborhood Board No. 21); Roger Olegario (Member, Pearl City Neighborhood Board No. 21); Elisabeth Contrades; Joan Manke (Executive Secretary), Linnie Pascual (Neighborhood Commission Office).

 

COMMITTEE BUSINESS:

Cover Memo from Chair Robert Finley – It was commented 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 revised 2008 Neighborhood Plan. Everyone was thanked for their time and efforts to improve and support the neighborhood board system. All public input received were considered.     

 

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; (4) Is what we recommend able to be reviewed by the Corporation Counsel in a timely manner; and (5) Housekeeping items were not included in this recommendation.

 

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

 

§2-13-107Reason for amendment: Subdistricts are irrelevant otherwise.

It was noted that the current language states that “each member of a board shall represent the entire district” would also mean to represent every subdistrict, which is redundant. It is not necessary to add the proposed language.

 

AMENDMENT WAS NOT APPROVED.

 

§2-14-101 (c)Reason for amendment: The 30 day provision is a hardship on boards that recess in July or people unable to attend the July meeting.

 

It was suggested to remove the 30 day timeframe; a member cannot vote and actively participate until oath taken. At some point, need to set a specific deadline. A suggestion was made to authorize the Mayor, Satellite City Halls and Prosecutor’s Office to swear in a board member. Clarification may be needed to address the three absences issue of an unsworn member (in the succeeding days) whether the member is counted as absent if in attendance.

 

THE COMMITTEE WILL REVISE THE WORDING AND RECEIVE MORE INPUT.

§2-14-103 (a)Reason for amendment: Accomplishes intent of the section, but ensures that chair pro tem will have agenda setting experience.

 

A recommendation was made to have the previous term’s chair followed by vice chair, secretary, or treasurer then the longest serving member to serve as chair pro tem for a smooth transition until a new chair is elected. The key is to look at who has been active as leadership in the immediate term.

 

MOVE FORWARD WITH AMENDMENT FOR LANGUAGE CONSIDERATION.

 

§2-14-109 (c); §2-14-111 also to be amendedReason for amendment: Ensure public had adequate notice of special meetings.

 

It was commented that complaints were received where some Boards were calling special meetings on a 6th day notice to avoid participation. A special meeting is not an emergency and the 14-day notice is too long. There was general consensus to keep the standard time of a 6-day agenda notice as boards must still comply with the Sunshine Law. It was also suggested to delete the phrase, “at any anytime”.

 

MOVE FORWARD WITH AMENDMENT FOR LANGUAGE CONSIDERATION AND DISREGARD THE 14-DAY NOTICE.  

 

§2-14-109 (d)Reason for amendment: Videotaping should be allowed as long as it does not interfere.

 

There were mixed views regarding this amendment. It was commented that allowing videotaping of any type can be intrusive. The Committee recommended further review of the amendment and amend to allow electronic recording of meetings that do not interfere with the conduct of the meeting.  

 

THE COMMITTEE WILL LEAVE THIS AMENDMENT IN THE DRAFT AS IT NEEDS MORE WORK.

 

§2-14-114 (d) – (e)Reason for amendment: Conflicts with Act 153.

There was some disagreement that by deleting these sections accomplishes what is necessary as Act 153 specifically allows for meetings to have discussion only; business cannot be transacted. This must be stated somewhere in order to make it accurate with Act 153. There must be something in the place of it that states the meeting can continue but that only discussion can be held and no votes can be taken.

 

THE COMMITTEE HAS RECOMMENDED FURTHER CONSIDERATION OF THE LANGUAGE.

 

§2-14-119 (4)Reason for amendment: Conflicts with Act 153.

All the appropriate parts of the Neighborhood Plan need to be reviewed to make sure that Act 153 is incorporated as necessary.

 

CHAIR FINLEY WILL DISCUSS THIS AMENDMENT FURTHER WITH NCO (B. Mick).

 

§2-14-124 – Reason for amendment: Help to specify the right to form committees and appoint committee chairs is within the purview of the Board Chair.

 

CHAIR FINLEY WILL DISCUSS THIS AMENDMENT FURTHER WITH NCO (B. Mick).

 

§2-17-202 (b) – Reason for amendment: Makes section conform to past practice.

It was noted that “active” is not a word unless the definition is put into the rules. “Active” could also mean military personnel.

 

CHAIR FINLEY WILL DISCUSS THIS AMENDMENT FURTHER WITH NCO (B. Mick).

 

§2-17-202 (e) – Reason for amendment: Would allow voters to file the voter form by fax or by scanning and emailing.  A suggestion was made to restate the amendment in the positive.

 

MOVE FORWARD WITH AMENDMENT.

 

§2-17-204 (a) (3)Reason for amendment: The current wording would disqualify a candidate if they are not a registered voter.

 

It was commented that the key is to make sure the language properly includes everyone in the neighborhood board district. It was inquired whether the deadline for extraordinary voters (military personnel/dependents and legal aliens) is different from candidate filing deadline (timing concern)? The reply was yes and extraordinary voters would come directly to the NCO. A suggestion was made to review the registered voter issue as to why a candidate has to be a registered voter; the candidate form does not ask if you're a registered voter.

 

THE COMMITTEE WILL REWORD THIS AMENDMENT.

 

§2-17-309 (b)Reason for amendment: Gives the Neighborhood Commission Office the ability to release results earlier.

 

For consistency throughout the Neighborhood Plan, a suggestion was made to use the phrase “not later than” rather than “by” in the proposed language.

 

THE COMMITTEE HAS RECOMMENDED USE OF THE PHRASE “NOT LATER THAN” AND MOVE FORWARD WITH AMENDMENT.

 

§2-14-114 – It was noted that this amendment goes back to doing business without a quorum. 

 

THE COMMITTEE HAS RECOMMENDED FURTHER REVIEW OF THE WORDING.

 

§2-14-124 (g) – A suggestion was made to use the wording “distribution list” rather than “mailing list” in the proposed language.  

 

MOVE FORWARD WITH AMENDMENT.

 

§2-14-104 (f)Reason for amendment:  Addresses vacancy and quorum issues.

It was commented to be certain that there’s no other place in the Neighborhood Plan that would tie the board’s hands.

 

There was a concern that the change would allow filling of a subdistrict seat with an individual from another area under certain circumstances. There is also a proposed change to §2-13-107 to require, “Each member of a board shall represent the entire district or subdistrict and act responsibly to fulfill the board’s democratic and advisory duty.”  The appointed board member is not in the affected particular subdistrict, however, we are proposing to require this board member to represent the subdistrict. You have to be sympathetic with boards’ problems regarding vacancies and the requirements to conduct their business. A more appropriate solution may be to do one or more of the following: (1) reduce the size of the board through the petition process, or (2) consolidate “problem” subdistricts through the petition process, or (3) obtain appropriately credentialed representatives from that particular subdistrict. 

 

It was noted that the McCully/Moiliili Neighborhood Board No. 8 has had three vacancies for over 4 years in one subdistrict.

 

MOVE FORWARD WITH AMENDMENT.

 

§2-14-101 (a)Reason for amendment: Clarifies who administer the oaths for NB members.

It was noted that the use of the word, “sitting” is not appropriate. It was also noted that the removal of the clause “a person duly qualified to administer oaths, including neighborhood assistants” would be unfair to members of the Hawaii National Guard or military who are temporarily out of state and may need to take their oath before a notary in another state. It was suggested that the NC retain current wording which is similar to §13-118 of the City Charter. Another suggestion was made to also allow the Mayor, Prosecutor as City officials to administer the oath.

 

MOVE FORWARD WITH AMENDMENT.

 

 

§2-11-104 (c) Reason for amendment: Prevents Commission from having to have special meetings for every petition.

 

It was commented to rely on the statutory language in Chapter 91, HRS (rule making process).  It was also commented that it takes a two-thirds vote at a regular meeting to add an agenda item but not for a special meeting.

 

THE COMMITTEE HAS RECOMMENDED FURTHER CONSIDERATION OF THE LANGUAGE AND MOVE FORWARD WITH AMENDMENT.

 

§2-7-209 (e)Reason for amendment: Clerical error.  Move this Section to 2-17-208.

 

MOVE FORWARD WITH AMENDMENT.

 

§2-11-319Reason for amendment: Boards cannot all have a parliamentarian available.

This is a proposed change to the rules of the Neighborhood Commission, which proposed to make the most current edition of Robert’s Rules of Order Newly Revised a guide rather than a parliamentary authority.  

 

It was commented that there is a simple parallel to match the stated rationale. The NC has a Deputy Corporation Counsel to advise them. Most neighborhood boards don’t have a lawyer available. Based upon the concept that, “boards cannot all have a parliamentarian available”, the Neighborhood Plan could be used as a “guide” instead of an “authority.” This is clearly unacceptable and would violate the City Charter. It was further commented that the issue about a “guide” was resolved years ago with the Neighborhood Commission when the 2008 Neighborhood Plan was being considered.   

 

CHAIR FINLEY WILL DISCUSS THIS AMENDMENT FURTHER WITH NCO (B. Mick).

 

§2-14-104(d)Reason for amendment: Allows verification to occur during a meeting.

A suggestion was made to change the timing of the qualification of candidates to fill vacancies from “before a board meeting” to “prior to the board’s consideration of any candidate…”

 

It was also noted that the registered voter issue should be reviewed.

 

THE COMMITTEE HAS RECOMMENDED FURTHER CONSIDERATION OF THE LANGUAGE AND MOVE FORWARD WITH AMENDMENT.

 

§2-14-111 (b)Reason for amendment: Extra day gives time for NCO to comply with mail out requirement of Sunshine Law. Requiring it to be submitted to NCO in electronic format ensures website has a clean version of agenda.

 

The proposed language would change the mail out requirement of the meeting notice and agenda from six (6) calendar days before the meeting to seven (7) calendar days and that it shall be transmitted to the NCO in an acceptable electronic format at the time of its filing with the City Clerk. It was noted that the Neighborhood Commission Office currently has a seven (7) day internal policy.

 

It was commented that this issue be left to internal administrative operations (NCO process) outside of the Neighborhood Plan as it would be inappropriate to place this under rule making of the Neighborhood Plan.

 

THE COMMITTEE HAS RECOMMENDED FURTHER CONSIDERATION OF THE LANGUAGE.

 

§2-14-104 (b)Reason for amendment: Prevents Chair from manipulating process.  It was the consensus of the committee to accept the change as indicated.

 

MOVE FORWARD WITH AMENDMENT. 

 

Steve Glanstein’s Petition Letter dated July 6, 2009 – It was noted that Glanstein’s petition was considered and will be included in the next series of changes aimed at “housekeeping” items.

 

 

Tom Heinrich’s Correspondence dated July 6, 2009 – Heinrich’s input was also considered.

 

ANNOUNCEMENTS:

 

Public and Neighborhood Board Input – All input to be provided to the NCO (Bryan Mick) not later than Tuesday, February 2, 2010 for review and inclusion for discussion at the next meeting of the Neighborhood Plan Committee.

 

ADJOURNMENT:  The meeting adjourned at 9:30 p.m.

 

 

Submitted by:

Linnie Pascual

Neighborhood Assistant

 

Reviewed by:

Bob Finley

Chair, Neighborhood Plan – Committee of the Whole

 

Monday, May 17, 2010

© Copyright 2002-2010 City and County of Honolulu, Hawaii
Privacy Statement | Technical Support | Customer Service | Policy | Accessibility | Diversity Statement