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Home My WebLink About2021-05-10 Public Access, Open Space, and Natural Resources Preservation Commission Minutes - Approved Koohan Paik Mander Dr. Wayne Frank Chair Debbie J. Ward Rick Warshauer Alex Kelepolo Justin Lee Vice Chair Anne Kamuela Meheula Diane ‘Maka’ala’ Kaneali’i County of Hawai‘i Department of Finance - -- PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) MINUTES - DRAFT To view entire virtual live recorded public meeting #3, go to: https://www.youtube.com/watch?v=RuKUfXE3-9g I. CALL TO ORDER: On May 10, 2021, the regular session, virtual meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) was called to order at 9:00 a.m. by CHR. FRANK. The CHR. read an opening statement concerning public tes- timonies and the reason for virtual meetings due to the Mayor's Proclamation regarding COVID- 19, gathering restrictions, and the need to maintain social distancing. Present:Dr. Wayne Frank, CHAIR. (CHR.) Ms. Alex Kelepolo, (Vice CHR.) Ms. Shellie Bee Allen Naungayan, Member Ms. Debbie J. Ward, Member Mr. Rick Warshauer, Member Mr. Justin Lee, Member Ms. Anne Meheula, Member Ms. Diane Kanealii, Member Absent: Ms. Koohan Paik Mander, Member (Excused) Support Staff: Ms. Maxine Cutler, Commission Secretary Mr. Hamana Ventura, Property Manager Department of Finance Ms. Diana Mellon-Lacey, Deputy Corporation CounselRepresentative Hawai’i County is an Equal Opportunity Employer and Provider. Page 1 of 6 II. PUBLIC TESTIMONY via WRITTEN COMMUNICATION: (Motion passed) (Motion to accept and file Comm. 21-008 to 061) Motion: MS. WARD moved to accept and file Comm. 21-008 - 061. The motion was se- conded by MS. KANEALI’I. There being no discussion, CHR. FRANK called for a verbal or raising of hands vote. All members present voted aye, the motion passed. CHR. FRANK recognizes the attendance of County staff: Mr. Ventura, Property Man- ager, Deputy Corporation Council representative, Ms. Mellon-Lacey, and Commission Secretary, Ms. Cutler. III. APPROVAL OF MINUTES: (Motion passed) (Motion to approve Minutes of March 8, 2021, Regular Session) Motion: MS. KELEPOLO moved to approve the March 8, 2021 regular meeting minutes as revised with corrections from MS. NAUNGAYAN and MS. WARD sent to secretary. The motion was seconded by MS. WARD. There being no discussion, CHR. FRANK called for a verbal or raising of hands vote. All members present voted aye; motion passed. IV. CHAIRMAN’S REPORT: Chair Frank has nothing to report pertaining to matters of concern to the Commission. V. DEPARTMENT OF FINANCE REPORT: Property Manager Hamana Ventura has nothing to report and answers questions from the commissioners regarding Wai’ele, Puna and as part of the PONC process, Coun- cilmembers are encouraged to pass resolutions. Being no further discussion, CHR. FRANK moves to the next item on the agenda. VI. UNFINISHED BUSINESS: 1. Report from the Ad Hoc Committee Site Committee regarding posting of the past year’s Ad Hoc Site Visit Reports online by MR. WARSHAUER. Motion: MR. WARSHAUER moved to post all past approved and accepted Ad Hoc Site Visit Reports online. The motion was seconded by MS. WARD. The commission held a lengthy discussion clarifying the necessity and usefulness of the reports con- taining key information (except for personal information and per county’s review) for future commission, agencies, and the public. Discussion was held with Deputy Corporation Counsel, Ms. Mellon-Lacey. She spoke at length on three occasions referring to the motion and counseled initially, Hawai’i County is an Equal Opportunity Employer and Provider. Page 2 of 6 “…while the \[Sunshine Law\] rules are suspended they’re really to allow for safe meetings. And at this point, this is something that is not relative to a safe meeting. It really is to allow public opportunity for input, so there isn’t a reason…I wouldn’t ad- vise it because it’s not directly related to a Covid instance.” She continued later in the same direction, “I really think it is very important to follow the Sunshine Law because this is a limited suspension to allow us to meet in this way \[virtually\] which normally would not be permitted.” Ms. Mellon-Lacey weighed in a third time on her concerns regarding confidentiality issues, saying “…It may take the County time to be able to post things because of the demands of IT, and as well I brought up the confidentiality issues. It is not with respect to the Commissioners. It’s with respect to the property owners…and individuals that were there and if there’s personalized information such a phone numbers, things of that nature…” Following this, the discussion continued. Then, after there was no further discussion, CHR. FRANK called for a verbal vote. Five members voted Yea; two members voted, Nay; and one member abstained. Motion passed. Motion: MS. WARD moved to accept and file the Ad Hoc Committee Site Committee regarding posting past year’s Ad Hoc Committee on Site Visit Reports online by MR. WARSHAUER. The motion was seconded by MR. WARSHAUER. There being no discussion, CHR. FRANK called for a verbal or raising of hands vote. All mem- bers present voted aye; motion passed. 2. 2021 Suggestions Form nominations continued discussion and review. Commission confirmed that Sugg. 21-001 was withdrawn by the nominator, Sugg. 21-023 received an unwilling seller letter and four communications not in support of this suggestion due to parking issues, trash, etc. It was also noted that another par- cel that is up for sale be considered in the same area. Sugg. 21-007, received a lot of support and had an unwilling seller, however having an unwilling seller does not dis- qualify the Suggestion. The commission agreed that the unwilling seller and support letters are just a part the scoring process, and they must also review the Assessment Criteria Form and score accordingly. th The Commission felt that inviting the nominators should be invited to the July 12 meeting. Commission instructed the secretary to make the arrangements for all the properties on the 2021 Ad Hoc Site Visits reports, and to address new information to the commission. Being no further discussion, CHR. FRANK moves to the next item on the agenda. Hawai’i County is an Equal Opportunity Employer and Provider. Page 3 of 6 VII. NEW BUSINESS: 1. 2022 Suggestion Form – Commission discussed complications with current form and made the following motionsto revise the Suggestion Formto begin at the next filing deadline in 2022. Motion: MS. NAUNGAYAN moved to change the filing deadline to the last working day of January to begin January 31, 2022. The motion was seconded by MR. LEE. MS. WARD commented that having a month to review the suggestions is necessary. There being no further discussion, CHR. FRANK called for a verbal or raising of hands vote. All members present voted aye; motion passed. Motion: MS. WARD moved to revise the form to get a written consent from the prop- erty owner for site visits. The motion was seconded by MR. LEE. MR. LEE ex- pressed his concern regarding those properties without written consents. He further asked how site visits could be conducted on such properties. MS. MELLON-LACEY pointed out that under the “Rules” Article 4.(i) Site visits policy, states that we can conduct site visits from the boundaries or adjacent properties. Due to clarifications of the rules, MS. WARD amended her motion changing her mo- tion to state instead that “it is recommended that the nominator obtain information from the property owner for site visits. The amended motion was seconded by MR. LEE. A brief discussion ensued clarifying that the nominator to get consent or infor- mation from the property owner for site visits. There being no further discussion. CHR. FRANK called for a verbal or raising of hands vote. All members voted aye; motion passed. Motion: MR. WARSHAUER moved to insert the verbiage “Acceptable Suggestions Form, applicants or nominators are required to use the 2022 suggestion Form.” The motion was seconded by MS. KANEALI’I. MR. WARSHAUER stated to the commis- sion that annual refinement is necessary. There being no further discussion, CHR. FRANK called for a verbal or raising of hands vote. All members voted aye; motion passed. 2. Report from the Ad Hoc Annual Report to the Mayor Committee Presentation from MS. NAUNGAYAN. MS. NAUNGAYAN delivered a brief presentation regarding a simple template to fa- cilitate the writing of summaries for the properties on the Prioritized List in the yearly Annual Report to the Mayor to assist the Mayor and County Council to summarize why the property ranked as it did. The discussion held that the purpose of the pro- posed template is to improve the narrative process and that should be flexible. Hawai’i County is an Equal Opportunity Employer and Provider. Page 4 of 6 Motion: MS. NAUNGAYAN moved to accept and file the Ad Hoc Committee Report Annual Report. The motion was seconded by MR. LEE. MS. WARD suggested to use the template as a recommended guide, and that the verbiage or narrative re- quirements be not so restrictive. MR. WARSHAUER suggested to maintain the pre- sent ad hoc committee, perhaps add another member, and to place updates to the writing of the Mayor’s Report on the Agenda at every meeting. There being no further discussion, CHR. FRANK called for a verbal or raising of hands vote. All members voted aye; motion passed. 3. Ad Hoc Site Visit Committee Reports: Motion to accept and file Motion: MR. WARSHAUER moved to accept and file the 2021 Ad Hoc Site Visit Committee Reports. The motion was seconded by MS. KELEPOLO. CHR. FRANK reminds the commission to read and hold a discussion of the report on the July 12, 2021. There being no further discussion, CHR. FRANK called for a verbal or raising of hands vote. All members voted aye; motion passed. There being no new business or discussions, CHR. FRANK moved to the next item on the agenda, Announcements. VIII. ANNOUNCEMENTS: CHR. FRANK discussed with the commission the need for an extra meeting. After much discussion, the CHR. FRANK called for a motion to change the calendar and sets the agenda for each date. Motion: MS. WARSHAUER moved to amend the current calendar: 1) the new scoring deadline to July 19, 2021 and 2) add a “Special Meeting on July 26, 2021. The motion was seconded by MS. WARD. After a brief clarification of the dates CHR. FRANK called for a verbal or raising of hands vote. All members voted aye; motion passed. 1.The next virtual meetingis scheduled for July 12, 2021,from 9:00 a.m. to3:00 p.m. or sooner. The Agenda includes: a) 2021 Ad Hoc Site Visit Reports. Commission to review and discuss. b) 2021 Suggestions Commission to review and discuss. c) 2022 Suggestion Form revised for review. Motion to accept revised form. d) Follow-up Report from the County regarding posting past Ad Hoc Site Visit Re- ports. 2. The next virtual “Special” meeting scheduled for July 26, 2021, from 9:00 a.m. to 12:00 pm or sooner. The Agenda includes: a) 2021 Prioritized List to review and discuss b) 2021 Assign the Summaries for the Annual Report to the Mayor Hawai’i County is an Equal Opportunity Employer and Provider. Page 5 of 6 IX.ADJOURNMENT: Motion to adjourn by MS. WARD, seconded by MR. LEE. The meeting was adjourned at 12:33 pm. PUBLIC ACCESS, OPEN SPACE, and NATURAL RESOURCES PRESERVATION COMMISSION DR. WAYNE FRANK, Chairperson Hawai’i County is an Equal Opportunity Employer and Provider. Page 6 of 6