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MONDAY, APRIL 26, 2010





CALL TO ORDER: Commission Chair Brendan Bailey called the meeting to order at 7:05 p.m.


Members Present – Brendan Bailey, Bob Finley, Ed Gall, Wilson Ho, Ron Mobley, Jeanette Nekota, Bob Stubbs (arrived at 7:10 pm), and Sylvia Young (arrived at 7:15 p.m.)


Members Absent – Sheila Apisa


Guests/Staff – Bert Narita (Chair, Diamond Head/Kapahulu/St. Louis Neighborhood Board No. 5); Tom Heinrich (1st Vice Chair, Manoa Neighborhood Board No. 7); Kaleo Gagne (Member, Manoa Neighborhood Board No. 7); Clifton Takamura (Member, McCully/Moiliili Neighborhood Board No. 8); David Hilea, Jr. (Member, Ala Moana Neighborhood Board No. 11); Elisabeth Contrades (Deputy Corporation Counsel); Rae Gee (Executive Secretary, Neighborhood Commission Office), Bryan Mick, Linnie Pascual, and Theona Kapoi (Neighborhood Commission Office).


ROLL CALL OF COMMISSIONERS: A roll call of Commissioners was administered with a quorum of eight (8) members present (Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs and Young).




Executive Secretary's Report – Rae Gee, Executive Secretary (ES), has officially been confirmed as Executive Secretary of the NCO and reported on the following: 


·         Complaints Update – Rae Gee provided a summary of the Informal and Formal complaints that have been received in the NCO under the 2008 Neighborhood Plan.   


Informal Complaints – There were two (2) complaints: 


o        Downtown Neighborhood Board (NB) No. 13 – Board Member Carl Middleton requested a review of a proposed complaint alleging Chair Frank Lavoie's action of writing a column representing the Downtown NB No. 13 be reviewed for consistency under Section 2-13-103(a)(1) of the 2008 Neighborhood Plan states "The board and their members shall not use the official board title or membership position to: (1) Endorse a candidate for elective pubic office."


The NCO staff found that the Neighborhood Commission has no jurisdiction over the FCC and Chair Lavoie's action did not violate the Neighborhood Plan. 


The NCO staff spoke with Chair Lavoie to prevent potential violations and transmitted a memorandum to all Neighborhood Board Chairs and Members reminding them of Section 2-13-103 of the Neighborhood Plan relating to political activity and their elective public office.


The NCO staff scheduled a follow-up meeting with Chair Lavoie and Member Middleton to prevent future misunderstandings. However, one of the parties did not show.


o        Ewa Neighborhood Board (NB) No. 23 – Board Member Steve Knauer requested that the NCO review the actions of the Ewa Legislative Committee Chair Tom Berg, who scheduled a candidate forum night as part of the Legislative Committee meeting, and asked if it violated Section 2-13-103 (2)(b) of the Neighborhood Plan, which states that "boards may conduct candidate forums".  The NCO found that the action did not violate the Neighborhood Plan.  There is nothing in the Neighborhood Plan, which would prevent a Committee from conducting a candidate forum.  The Neighborhood Plan does not appear to specifically limit the types of activities that Committees may engage in.


Formal Complaints


o        Sanctions Hearing involving the Makakilo/Kapolei/Honokai Neighborhood Board No. 34 – Commission Chair Bailey noted that the Sanctions Hearing was held on Monday, April 5, 2010 at Kapolei Hale.  The results of the Findings of Fact, Conclusions of Law, and Decision and Order were issued on April 20, 2010.  The parties have 30 days to appeal the Neighborhood Commission's decision in Circuit Court.  Pending the 30-day appeal period, the Commission will have no further comment on the matter until such time the appeal is filed.      


The second Sanctions Hearing involving the Makakilo/Kapolei/Honokai Neighborhood Board No. 34 has been scheduled for Monday, May 24, 2010 at 7:00 p.m. at Honolulu Hale, second floor.  The Notice of Hearing will be sent informing the parties of the Special Commission meeting.


o        26 Complaints for Years 2009 and 2010 Index (to be heard under Revised 2008 Neighborhood Plan) –Rae Gee, ES, provided an overview of all complaints (26) for years 2009 and 2010 to show that the NCO is working on complaints processing.           


2009 Stats:  Total of 20 cases filed with the following breakdown:  Closed Cases = 4; NCO Reviewing

Case = 1; Commission Reviewing Case = 7; and Commission to Schedule Hearing Date = 8.   


2010 Stats:  Total of six (6) cases filed with the following breakdown:  Closed Cases = 0; NCO Reviewing

Case = 2; Commission Reviewing Case = 2; and Commission to Schedule Hearing Date = 2.


Bryan Mick, NCO Staff, reported that the Neighborhood Plan does not state that the Commission must take the complaints in chronological order.  Therefore, the NCO will make recommendations to the Commission Chair for input on prioritizing the Sanctions Hearings and whether the complaints can be scheduled in groups as done with the Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34. 


The ES of the NCO recommends that the Commission schedule a "Sanctions Hearing" involving: (1) the Ewa Neighborhood Board No. 23 to complete the "Sanctions Hearing" process that was started on January 6, 2010 by the Executive Secretary; (2) the Koolauloa Neighborhood Board No. 28, "Sanctions Hearing; and lastly the remaining complaints in chronological order.


Rae Gee, ES commented that the NCO staff is currently working on creating an index for the older complaints to keep the Commission informed of the status of these complaints.        


Commissioner Stubbs arrived at 7:10 p.m.; six (6) Commissioners were present.


·         Agenda Minute-Taking Template Survey and Evaluation Results – Bryan Mick, NCO Staff, reported that the survey was sent to all Neighborhood Board Chairs.  To date, only six (6) Boards have responded.  A reminder email will be sent reiterating the deadline for the response is April 30, 2010. The results will be sorted by Boards that have used the agenda template versus Boards that did not use the agenda template and will be shared at the Conference of Chairs meeting on June 5, 2010. 


Commissioner Young arrived at 7:15 p.m.; seven (7) Commissioners were present.


·         Neighborhood Commission Evaluation of the Audit and Task Force Report Recommendations – The NCO, staff will transmit the "Neighborhood Commission Evaluation of the Audit and Task Force Report Recommendations" via letter to the Honolulu City Council this week.


·         Legislation – Rae Gee, ES provided the status of the City Council Budget as well as legislation in the State Legislature.


City Council Budget – The ES thanked the Neighborhood Commission and Board Members for testifying on behalf of the NCO relating to the budget.


o        The State Transient Accommodation Tax (TAT) measure is still intact, but it will depend on Governor Lingle's final approval to allow funds transmitted to the City & County of Honolulu.


o        Bill 15, CD1, FD1, is still on the floor of the City Council.  The City Council Special Budget Committee meeting is scheduled for Thursday, May 20, 2010 for CD2. If FD1 passes out of floor on Wednesday, May 12, 2010.  Rae Gee will keep the Commission apprised of the budget bill as it moves forward.


State Legislature

o        House Concurrent Resolution (H.C.R.) 111, titled, "Urging the Council to review the Purpose of the Neighborhood Board System" overstepping advisory role and taunting each other, died in the State House Judiciary Committee.

o        Senate Bill (SB) 2617, SD1, "Related to Public Agency Meetings", died in the State House of Representatives. If passed, this bill would have required that the subject matter and discussions that take place in an executive meeting of a Board or Commission would have to be disclosed at the conclusion of the executive meeting.     


Conference of Chairs – Saturday, June 5, 2010, 9:00 a.m. to 12:00 noon at Kapolei Hale – Chair Bailey clarified that the following opinion was requested from the State Office of Information Practices to confirm whether it was possible for all of the Commissioners to attend the Conference of Chairs.


The Office of Information Practices (OIP) opinion indicated that OIP takes a broad view of what constitutes a "meeting" in accordance with Chapter 92-2 Hawaii Revised Statutes.  OIP indicated that a "meeting" occurs so long as discussion of "board business" occurs.  Since the Conference of Chairs is "assembled" by the Neighborhood Commission to discuss in part, "evaluation of the administration and operations of the Neighborhood Board System", in order for all Commissioners to attend, it would have to be "noticed" as a meeting.  Thus, only those Commissioners who are members of the Permitted Interaction Group (PIG) which was created at the last meeting can attend the Conference of Chairs.


It was noted that the Conference of Chairs will be videotaped and put onto the NCO website for those not attending to review the discussion.


Three Absence Letter – Rae Gee reported that eight (8) letters were sent in the month of April; two (2) of the letters were sent by the NCO; the remaining letters were sent by the Neighborhood Board Chairs; none were related to quorum issues.  It was noted that the Three Absence Letter is sent out within seven calendar days of a Board Member's third absence, as mandated by Section 2-14-106 of the 2008 Neighborhood Plan.


Commission Chair's Report – Chair Bailey provided updates on the Sanctions Hearing involving the Makakilo/Kapolei/Honokai Neighborhood Board No. 34 and SB 2617, related to Public Agency Meetings, as noted above.



·         Congratulations were offered by the audience members to Rae Gee as the new Executive Secretary with appreciation for the Executive Secretary's informative report.

·         Request to have the Executive Secretary consider disseminating a notice to all Neighborhood Board Members on how to access the 2008 Neighborhood Plan at the NCO website,, as distributing a published copy may take time as the Neighborhood Plan Committee is currently reviewing proposed changes to the 2008 Neighborhood Plan prior to finalization, printing and dissemination.

·         Request to have the Executive Secretary keep the Neighborhood Commission and Neighborhood Board Chairs apprised of the Budget status via email communication.     

·         A question was raised regarding another individual's request that was made for Executive Session Minutes of the Neighborhood Commission, and it was felt that this issue should be resolved independent to S.B. 2617, related to Public Agency Meetings.  

·         Urge the Executive Secretary and the Neighborhood Commission to consider the possibility of an intervention with the Ewa Neighborhood Board No. 23 as there continues to be issues with that Board. Training for this Board was strongly recommended.      




Regular Meeting – The Regular Meeting minutes of January 25, 2010 was APPROVED as CIRCULATED by UNANIMOUS CONSENT, 8-0-0 (AYE: Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, Young).


Regular Meeting – The Regular Meeting minutes of March 22, 2010 was deferred.



Young moved, and Mobley seconded, for the Commissioners to enter into Executive Session pursuant to Section 92-4 & 92-5(a)(4) & (8) of the Hawaii Revised Statutes 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 for January 25, 2010 and March 22, 2010.  MOTION PASSED by UNANIMOUS CONSENT, 8-0-0 (AYE: Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, Young).


Executive Session convened at 7:32 p.m. and ended at 7:35 p.m., at which time agenda items continued.




Change the Name of the Neighborhood Plan Committee of the Whole to Neighborhood Plan Committee – Commissioner Mobley recommended that the Commission revise the name of the "Neighborhood Plan Committee of the Whole" by deleting "of the whole" because in Robert's Rules of Order (RRO) Newly Revised—10th edition, which is the standard, a "committee of the whole" is a particular type of committee that you break into only during a meeting. By having it read this way, it gives the wrong impression of the Committee.


The name change would not affect the operations of the Committee and all of the Commissioners would be able to attend the meetings.  Commissioner Mobley commented that the Commission may make an amendment to     reduce the number of members on the Committee as it may be difficult to achieve a quorum (5) for the Committee to meet.  All of the Commissioners would still be allowed to attend the Committee meetings.    


It was the consensus of the Commission to change the name of the Committee to the "Neighborhood Plan Committee", but no change should be made to the number of Committee members. 


Without objection, the motion to change the name of the "Neighborhood Plan Committee of the Whole" to the "Neighborhood Plan Committee" was PASSED by UNANIMOUS CONSENT, 8-0-0 (Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, Young).




Neighborhood Plan Committee (NPC) – Committee Chair Finley reported that the Committee has received input from the community, Neighborhood Board Members, and the NCO. Chair Finley will request the NCO's assistance with scheduling a Neighborhood Plan Committee.




Next Regular Meeting – The Commission will meet on Monday, May 24, 2010 at 7:00 p.m. at Honolulu Hale, Council Committee Hearing Room – 2nd Floor.


ADJOURNMENT:  The meeting adjourned at 7:55 p.m.


Submitted by:

Linnie Pascual, Neighborhood Assistant


Wednesday, July 28, 2010

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