NEIGHBORHOOD COMMISSION

CITY AND COUNTY OF HONOLULU

MINUTES OF REGULAR MEETING

AUGUST 9, 2005

HONOLULU HALE

MISSION MEMORIAL AUDITORIUM

CALL TO ORDER: Chair Roy Wickramaratna called the meeting to order at 7:06 p.m. with a quorum present.

MEMBERS PRESENT:  Roy Wickramaratna, Mike Ellis, Sylvia Young, Clara Ching, Jeanette Nekota, Kalene Sakamoto, Pam Witty-Oakland, Pat Lee.

MEMBERS ABSENT:  Ed Gall.

GUESTS:  Jennifer Waihee (City Deputy Corporation Counsel), Diane T. Kawauchi (City Deputy Corporation Counsel), Linda Ure (Kailua Neighborhood Board No. 31), Jim Corcoran (Kailua Neighborhood Board No. 31), Georgette “Jo” Jordan (Waianae Coast Neighborhood Board No. 24), Albert H. Furuto (McCully-Moiliili Neighborhood Board No. 8), Bert Narita (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Mike Golojuch (Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34), Clifton Takamura (McCully-Moiliili Neighborhood Board No. 8), John Gollner (McCully-Moiliili Neighborhood Board No. 8), David Lemon (Pearl City Neighborhood Board No.  21), Dave Howton (Pearl City Neighborhood Board No.  21), Bill Woods (Kalihi Valley Neighborhood Board No.  16), Charles Prentiss (Kailua Neighborhood Board No.  31), Pat Patterson (Waianae Citizen), Debbi Glanstein (Kailua Neighborhood Board No.  31), L. Gary Bautista (Ewa Neighborhood Board No.  23), Jon Chinen (Kailua Neighborhood Board No.  31), Rt. Rev. Wayne W. Gau (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Tom Smyth (Downtown Neighborhood Board No. 13), Lynne Matusow (Downtown Neighborhood Board No. 13), Michelle Matson (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Janet Inamine, Daisy Murai, Barbara Miller (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), John Kato, Linda Wong (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Ron Lockwood (McCully-Moiliili Neighborhood Board No. 8), Karen Ah Mai (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Bernadette Young (Kalihi-Palama Neighborhood Board No. 15).

STAFF:  Baybee Hufana-Ablan (Executive Secretary), Elwin Spray.

INTRODUCTION AND WELCOME:  Chair Wickramaratna called the roll (eight members present: Lee, Witty-Oakland, Young, Ching, Nekota, Sakamoto, Ellis and Wickramaratna). Chair Wickramaratna welcomed the audience. 

APPROVAL OF THE REGULAR MEETING MINUTES OF JANUARY 11, MARCH 15, MAY 10, JUNE 14 AND JULY 12, 2005: Young noted that one of the five Commissioners who had attended the year’s earlier meetings was not present tonight and suggested deferral until the fifth Commissioner (a quorum of participants) would be present.  Young moved, seconded by Nekota, to defer action on approval of meeting minutes of January, March, May and June 2005.   Public comments on the agenda item included the comment that voting on approval of an organization’s minutes did not require prior presence.  Chair Wickramaratna declared that the motion to defer passed unanimously  (8-0-0). 

Young moved to approve the Regular Meeting Minutes of July 14, 2005.  On the Minutes of July 12, 2005, Commissioners suggested the following corrections:  1) page 5, correct spelling of word “personally” 2) page 5, to read “… Witty Oakland noted that the table showing the hours of neighborhood board meetings distributed needed to be redone.” 3) page 7, under scheduling of the next meeting, to read “…for an August meeting since there were too many urgent and critical issues to be addressed.”  Additional written corrections were submitted by the public, as well as typo corrections for “Executive” and “Corcoran” and comments on the agenda’s organization.  Chair Wickramaratna stated the motion as for approval of the Minutes of the July 12, 2005 meetings with the corrections offered; the motion passed unanimously (8-0-0).  

AGENDA FOR AUGUST 8, 2005 MEETING:  Young proposed, seconded by Nekota, that she would like to move for the Commission meeting to follow the original agenda filed, which includes election of commission officers and public input, and not to use the revised agenda.  She spoke that the Commissioners could take action to defer the items on the original agenda that the Corporation Counsel had identified as improper, rather than following the revised agenda.  Chair Wickramaratna read from the sunshine law on adding to agenda items and ruled that the proposed motion would be out of order as it would be of significant impact.

EXECUTIVE SESSION:  Without objection, the Commission moved to place itself in executive session to discuss, pursuant to Hawaii Revised Statutes Sections 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, especially in relation to the sunshine law and agenda items.

The Commission met in executive session from 7:25 p.m. until 7:35 p.m.

Nekota moved to add the item of public input to the agenda, without the agenda item of election of officers, which Chair Wickramaratna accepted as Young’s motion, seconded by Nekota, to add to the agenda “public input” as Item 5a.  The motion passed unanimously (8-0-0).

LIMITING ASSISTANCE TO 2 HOURS FOR NEIGHBORHOOD BOARD AND COMMISSION MEETINGS:  Chair Wickramaratna asked for Executive Secretary Hufana-Ablan to speak, with a member of the audience interjecting that her presentation (on staff limitation) was in the form of a report and that therefore the report needed to lay over for a subsequent meeting before it could be accepted by the Commission for action.  Chair Wickramaratna said there would be no action at the July Commission meeting on the Executive Secretary’s distributed report on limiting staff assistance. 

Hufana-Ablan reviewed her written report, explaining that the goal of increasing citizen participation by the shortening of Neighborhood Board meetings was coming from community members who are questioning why a Board meeting will sometimes continue until after 11:30 p.m.  She expressed her confidence that the Commission Office and the board chairs can work together to resolve any conflicts and fulfill the joint goal “to increase and assure effective citizen participation in the decision-making process of government.”  She noted that many members have completed the State of Hawaii’s sunshine law training and are aware that meetings must be restricted to public testimony and Board discussion on items listed on the Board’s agenda, noting that restricting consideration and discussion to agenda items not only prevents the Board from violating sunshine law, it helps keep time and the meeting under control.  She stated that she understands that not all Boards will be able to complete their meetings within two hours and expressed a willingness to work with those boards that are having difficulties.  She asked members to ask questions of her. She pointed out that limiting agenda items and having public forums and informational meetings are alternative means of fostering community involvement.  She expressed that her policy, which was started on July 1, 2005, was worthy of being attempted and requested that the boards make a good faith effort, pointing out that the average length of board meeting was 2.3 hours.

Chair Wickramaratna noted a two-minute timer would be used and invited public comment.

Audience members spoke to the 2-hour limit, seventeen of the speakers being opposed to the concept and five being supportive, making the points:

• Neighborhood Boards are operating fine, they are not broke, and have no need to make any changes
• Some boards have many attendees and very complicated issues, and long meetings will allow all in audience to speak, thus “increasing participation”
• An absolute format is not possible for all boards: some boards can limit agendas, some cannot due to community size, involvement, expectations, and issues
• Additional meetings (as suggested by the Executive Secretary) add to the expense of the Neighborhood Board system, are not the cost savings that is being suggested
• Board’s objective is to “increase citizen participation,” not to cut off or place limits on speakers
• Board members are volunteers, not employees, and should not be required to take minutes
• Boards should be addressed as individual and unique; there should not be attempts to make molds, boards are different
• The Board secretary cannot be a fully participating member if they are required to concentrate on taking notes
• Boards sometimes have critical, time-sensitive and complicated issues that cannot be dealt with in a short time span
• The Neighborhood Assistants are all covered by a union contract – with HGEA -- which permits employees to attend meetings for up to 3 hours on regular (not overtime) pay 
• Board quality will be lessened if board meetings are forced to be shortened
• Proposal for limitation of staff assistance was not discussed with boards or with the public – and no Commission approval has been obtained
• Shorten reports from public agencies would permit boards to concentrate on community issues
• Community attends meetings to talk to officials not to correct minutes, an activity that can involve a long time at some boards
• Limitation could have been implemented after fuller discussion (a suggestion to plant the seed “idea” first before the implementation)
• Board members are elected; appointed staff such as Commissioners and Commission Office should always support those who are elected
• Public participation has decreased in those Boards where chairs have acted (in the past) to place limits on open discussion

PUBLIC INPUT:  General public input was offered, with the following points:

• Issue of public input was mentioned, stating that public comment (input) should not be required on the agenda items on election of board officers
• A concern on quality of minutes was expressed, including the too frequent rotation of neighborhood (board staff) assistants
• Charter Commission suggestions have been made, with the deadline for input to the Commission being October 2005
• Support was expressed for City Council resolution calling for a management or performance audit of neighborhood board system
• Suggestions were made that the Commission Office exercise better management of staff time
• Comment that the sunshine law requires board agendas to be mailed six days prior to meetings
• Support was expressed for review of all Neighborhood Commission Office position descriptions

EXECUTIVE SECRETARY’S REPORT:  Hufana-Ablan reported on two completed sunshine law training sessions (one in May 2005 and one in June 2005) and announced plans for a future training session (August 29, 2005).  She also reported two completed member orientation sessions (one in June at Kapolei Hale and one in July at Honolulu Hale).  She also offered a suggestion that boards individually vote to adopt (a rule) placing a limit on oral testimony (as several boards do now but without specific motions).  Nekota asked about “board evaluation criteria” used, to which Hufana-Ablan explained that she attends board meetings as a “visitor,” not to critique or evaluate.  Nekota also asked when the Executive Secretary would supply the certificates of sunshine law-training as required in the City Charter, with the explanation offered that sunshine law training is not in the Charter but is in a recent City Council passed ordinance, that the training is conducted by the State of Hawaii, and that no certificates were anticipated – although a listing of the approximately 245 attendees was in the Commission Office and a letter of training completion had been requested from the State of Hawaii.

Pubic input was addressed to the Executive Secretary’s report:

• The Neighborhood Commission Office should make better use of staff skills
• Sunshine law training was reported as being a City ordinance requirement and not a City Charter item
• Oral testimony time limits should not be mandated to the boards
• Other training should be offered by the Commission Office, such as an introduction to planning issues dealt with by OMPO (Oahu Metropolitan Planning Organization)
• Limiting elected legislative officials to 2-minute reports was insulting to them and would not be done at his board
• Limiting the public’s testimony in any manner should not be done

VERIFICATION OF RESULTS OF NEIGHBORHOOD BOARD ELECTIONS:  Certification of the 2005 Neighborhood Board Elections was accomplished in May 2005 but the Commission has not acted to verify the results.  The issue was proposed to be deferred until questions could be asked of the Chief Monitoring Officer (CMO).  Sakamoto moved, seconded by Ellis, to postpone consideration of the election verification.  Public input included:

• Questions to the Commissioners as to why they could not act on the issue since the CMO had certified the results
• A suggestion was made to defer consideration of the results and to change the Neighborhood Plan
• A suggestion was made that the board elections be made a part of the regular State elections

With no additional public testimony, Chair Wickramaratna called for a vote, with the motion passing unanimously (8-0-0). The election verification item was deferred until the next meeting.

BUDGET COMMITTEE:  No additional report.

ELECTIONS COMMITTEE:  No additional report.

NEIGHBORHOOD PLAN COMMITTEE:  Chair Wickramaratna reported that a ‘clean’ copy of the Plan – termed ‘clean’ being without footnotes or quoted citations from other documents – was being prepared to be submitted to the Corporation Counsel.   Chair Wickramaratna noted that the drafting of the Plan is up to the Commission and explained that upon completion of a draft, the document will be circulated and a series of public hearing will be held. 

Public input included comments:

• The revisions to the Plan were not being drafted by the Neighborhood Board community at-large
• A request was made that the Commission reactivate the Plan Committee to have more workshops
• The Commission was not working on the Plan revision
• The Plan should be finished by next year
• A suggestion was made to dump the draft plan and start over

Commissioner Ching commented that the Corporation Counsel has reviewed the current revision of the Plan but that the Commissioners have not meet to discuss or review the received comments with the Corporation Counsel.  Chair Wickramaratna said it could be planned for an Executive Session at the next meeting.

EXECUTIVE SESSION:  Without objection, the Commission moved to place itself in Executive Session to discuss, pursuant to Hawaii Revised Statutes Sections 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, especially in relation to possible revisions to the neighborhood plan.

The Commission met in executive session from 9:50 p.m. until 10:00 p.m.

Upon return from Executive Session, Young moved, seconded by Ellis that the Neighborhood Commission set a deadline of 30 days to obtain a clean draft of the Revised Plan from the Plan Committee. Chair Wickramaratna declared the motion passed unanimously (8-0-0).  

TRAINING COMMITTEE:  Deferred.

SITE OF NEXT MEETING:  Chair Wickramaratna noted that the Honolulu Hale Council Chamber repairs are scheduled to continue and that the Commission had talked about alternating between Honolulu and Kapolei.  Young moved and Witty Oakland seconded that the Commission’s next meeting, set for September 13, 2005, be planned for Kapolei Hale.  Members of the audience commented that the distance was far and the individual speaker would not be able to attend, while Waianae residents noted that they had made the long trip to attend this evening’s (Honolulu Hale) meeting.  The vote was 7-1-0 to have the next meeting at Kapolei Hale.  Kapolei: Lee, Witty-Oakland, Young, Nekota, Sakamoto, Ellis and Wickramaratna.  No:  Ching. 

ADJOURNMENT:  Chair Wickramaratna, without objection, adjourned the meeting at 10:10 p.m.

Submitted by Elwin Spray, Neighborhood Commission Office staff