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DRAFT REGULAR COMMISSION MEETING MINUTES
MONDAY, JANUARY 25, 2010
CALL TO ORDER: Commission Chair Brendan Bailey called the meeting to order at 7:05 p.m.
Members Present – Sheila Apisa (arrived at 7:10 p.m.), Brendan Bailey, Bob Finley, Ed Gall, Wilson Ho, Ron Mobley, Jeanette Nekota, Bob Stubbs (arrived at 7:07 p.m.), and Sylvia Young.
Members Absent – None.
Guests/Staff – Bert Narita (Chair, Diamond Head/Kapahulu/St. Louis Neighborhood Board No. 5), Barbara Miller (Member, Diamond Head/Kapahulu/St. Louis Neighborhood Board No. 5); John Kim (Chair, Manoa Neighborhood Board No. 7), Tom Heinrich (1st Vice Chair, Manoa Neighborhood Board No. 7); Ron Lockwood (Chair, McCully/Moiliili Neighborhood Board No. 8); Clifton Takamura (Member, McCully/Moiliili Neighborhood Board No. 8); (Tom Smyth (Member, Downtown Neighborhood Board No. 13); Roger Olegario (Member, Pearl City Neighborhood Board No. 21); Tom Berg (Member, Ewa Neighborhood Board No. 23); Brian Nuss (Member, Kahaluu Neighborhood Board No. 29); James Corcoran, Linda Ure (Members, Kailua Neighborhood Board No. 31); Mike Golojuch (Vice Chair, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34); Elisabeth Contrades (Deputy Corporation Counsel); Bryan Mick (Executive Assistant), Linnie Pascual (Neighborhood Commission Office); Joan Manke, Daisy Murai.
ROLL CALL OF COMMISSIONERS: A roll call of Commissioners was administered with a quorum of seven (7) members present (Bailey, Finley, Gall, Ho, Mobley, Nekota and Young).
Stubbs arrived at 7:07p.m.; eight (8) Commissioners present.
CITY MONTHLY REPORTS:
Executive Assistant’s Report – Bryan Mick reported on the following:
· The Executive Secretary position remains vacant.
· Senate Bill 2617 is a proposed amendment to the Sunshine Law that would affect the Neighborhood Commission Office. Mick will email the neighborhood boards with the link to SB 2617.
Commission Chair – Chair Bailey presented Joan Manke with a lei and certificate of appreciation for her dedicated service as Executive Secretary of the Neighborhood Commission Office. Best wishes on her retirement from the City were offered by all as Joan will be sorely missed.
· A concern raised regarded the hope for a successful conclusion of the work completed by the Audit Task Force that had been formed several years ago to improve the neighborhood board system.
· A board member of the Ewa Neighborhood Board No. 23 noted the following concerns: (1) The Chair of Board No. 23 should have informed the Board and the public of the removal/replacement of Oahu Metropolitan Planning Organization (OMPO) Citizens Advisory Citizen (CAC) delegate; (2) Requested that the Neighborhood Commission Office purge complaints of Board No. 23 in a timely manner.
Apisa arrived at 7:10 p.m.; nine (9) Commissioners present.
APPROVAL OF MINUTES:
Regular Meeting – The Regular Meeting minutes of November 23, 2009 was APPROVED as CIRCULATED by UNANIMOUS CONSENT, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, Young).
Hearing no objection, the Commissioners entered into Executive Session pursuant to Hawaii Revised Statutes Section 92-4 & 92-5(a)(4) & (8) 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 November 23, 2009.
Executive Session convened at 7:15 p.m. and ended at 7:18 p.m., at which time agenda items continued.
7:20 p.m. – Recess was called by Chair Bailey; meeting was reconvened at 7:25 p.m.
Intervener Status of the Mililani/Waipio/Melemanu Neighborhood Board No. 25 with the Hawaii State Land Use Commission (LUC) – The Commission discussed its concern over Board No. 25’s continued participation as a party-in-interest in the contested case currently before the Hawaii State LUC, Docket No. A07-775, Koa Ridge.
Chair Bailey provided a brief chronology of events on this issue:
· July 3, 2007 – Castle & Cooke Homes Hawaii, Inc. filed a petition for land use amendment changing certain parcels of land from agricultural to urban district designation.
· July 28, 2008 – Board No. 25 voted unanimously to file a notice of intent to intervene with LUC, Docket No. A07-775, Koa Ridge.
· August 25, 2008 – NCO Executive Secretary issued a letter to Board No. 25 advising that COR had opined that intervention in a legal action such as that being conducted by the LUC was beyond the limited scope of authority as a neighborhood board. The letter from the LUC set in forth in detail Corporation Counsel’s (COR) legal position.
· February 1, 2009 – Chair of Board No. 25 responded to NCO Executive Secretary’s letter dated August 25, 2008 stated the Board’s disagreement with COR’s position and that the Board had the authority to intervene with the LUC.
· November 20, 2009 – Board No. 25, through its Chair, filed a notice of intent to file a petition to intervene with the LUC.
Contrades reiterated some of the legal points that were addressed in the Executive Secretary’s August 25, 2008 letter to the Chair and members of Board No. 25 regarding this issue. COR has opined that neighborhood boards are essentially advisory and should not institute legal proceedings or otherwise seek to actively participate as parties in administrative contested case hearings and other legal proceedings, which are considered a form of litigation. For a neighborhood board to do so would be acting beyond the scope of the neighborhood boards’ authority.
After much discussion, it was the consensus of the Commission to send a letter informing the individual board members of the Mililani/Waipio/Melemanu Neighborhood Board No. 25 of the Neighborhood Commission and COR’s position on the Board’s Intervener Status with the LUC.
Apisa moved, and Mobley seconded, to send a letter informing the individual board members of the Mililani/Waipio/Melemanu Neighborhood Board No. 25 of the Neighborhood Commission and Corporation Counsel’s (COR) position on the Board’s Intervener Status with the Hawaii State LUC and the potential liabilities of a board member engaging in actions outside the scope of legitimate neighborhood board duties and responsibilities.
Young moved, and Finley seconded, to amend the motion to include as an attachment the Executive Secretary’s August 25, 2008 opinion letter and to also include a provision stating the rights and responsibilities and authority of the neighborhood boards. MOTION TO AMEND PASSED BY UNANIMOUS CONSENT, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, Young).
THE MAIN MOTION, AS AMENDED, PASSED BY UNANIMOUS CONSENT, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, Young).
Consideration of a Videotaping Policy Committee – The issue has been raised regarding what rights do an individual have to videotape Neighborhood Board and Commission meetings. Currently, the law governing this issue is set forth by Chapter 92, Hawaii Revised Statutes Section 92-9 (c) of the Sunshine Law, which states “all or part of a meeting may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction except when a meeting is closed pursuant to Section 92-4 providing that the recordings does not actively interfere with the conduct of the meeting”.
The Revised Neighborhood Plan incorporates the Sunshine Law in Section 2-11-303 in relation to Commission meetings, and also Section 2-4-109(d) in relation to Neighborhood Board meetings, which basically states the same thing as what the Sunshine Law states. Both Sunshine Law and Revised Neighborhood Plan specifically allow recording of meetings by sonic reproduction, but there’s no reference to recording by video. COR has taken the position (published opinions) to allow videotaping as long as it does not interfere or is intrusive.
Discussion ensued regarding whether the Commission would like to consider adopting a written or formal policy to be distributed to the Neighborhood Boards on this issue. Commissioner Mobley felt that a detailed policy would be needed to govern this issue and to review what would be permissible and what would not be permissible; therefore, Mobley suggested that the Commission form a Committee to specifically review this issue further and to request input from the community. Commissioner Finley suggested that this item be placed on the meeting agenda of the Conference of Chairs.
Mobley moved, and Finley seconded, to form a Videotaping Policy Committee to look into establishing procedures and report the results back to the Neighborhood Commission, which was ADOPTED, 6-1-1 (AYE: Apisa, Bailey, Finley, Gall, Mobley, Nekota, Young; NO: Stubbs; ABSTAIN: Ho).
The Committee members will include Commissioners Bailey (Chair), Mobley, and Young.
Assignment of Neighborhood Commission Members to attend Board Meetings – It was the consensus of the Commission that the assignment of Commission members to attend neighborhood board meetings is unnecessary at this time.
Scheduling of a Conference of Chairs – The last Conference of Chairs was held August 25, 2008. The Commission recognized the importance of having a conference scheduled as soon as possible. Without objection, a tentative date of April 10, 2010 was selected. The Chair recommended the NCO solicit input from the Neighborhood Board Chairs for agenda items.
Update on Kalihi-Palama Neighborhood Board No. 15 – It was reported that the Board’s regular meeting of January 20, 2010 did not have quorum (short by one member). It was noted that the absence of two (2) of its board members were both appointed at the Commission’s November 23, 2009 meeting.
Update on Ewa Neighborhood Board No. 23 – Commissioner Mobley attended the Ewa Neighborhood Board’s regular meeting of January 14, 2010. Mobley provided the following comments based on his observation at the meeting for the Commission’s review:
· Improper use of Point of Order
· Constant interruptions
o By both board and community members. The Chair must take action immediately when this occurs to maintain order.
· Community Time
o Board members monopolized the time reserved for community members concerns.
· Adding Agenda Items
o It seems to be the Board’s traditional way of doing business. If a subject comes up at any time, they make a motion on the matter.
o This violates both the Neighborhood Plan and Sunshine Law. Ignored the Plan’s procedure requiring 2/3 vote of board members and Sunshine required announcement of the matter to add agenda items to the agenda.
o Previous agenda items that were not covered were not included in this one.
· Public Officials
o Bringing up personal agendas rather than asking questions.
· All Committees meeting?
o Not sure this is permitted.
Commissioner Mobley made the following recommendations:
· Provide detailed parliamentary training to include proper use of motions and decorum.
· Set up a mock meeting as an example of how things are to be done.
Commissioner Finley made a recommendation to continue with the sanctions process for the Ewa Neighborhood Board No. 23. Other recommendations included a private Neighborhood Board workshop for the Board members to emphasize the following: 1) HRS Section 92-1, Statement of Principles of the Sunshine Law; 2) Revised Charter of Honolulu, Section 11-101, Principles of Standards of Conduct; and 3) the practice of mutual respect.
Bryan Mick also reported that the NCO recently received the resignation of board member, Marcie Nagata.
Neighborhood Plan Committee of the Whole – Committee Chair Finley noted that there is no report at this time to allow additional time for input from the neighborhood boards.
Next Regular Meeting – The Commission will meet on Monday, February 22, 2010 at 7:00 p.m. at Kapolei Hale, Ground Floor Conference Room.
ADJOURNMENT: The meeting adjourned at 9:35 p.m.
Linnie Pascual, Neighborhood Assistant
|Friday, July 22, 2011|