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HomeMy WebLinkAbout2022-07-11 Public Access, Open Space, and Natural Resources Preservation Commission Minutes - ApprovedPUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES July 11, 2022 Public Regular Meeting County Building, Council Chambers 25 Aupuni Street, Suite 1401 Hilo, Hawaii 96720 I. CALL TO ORDER: On July 11, 2022, the regular session meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) was called to order at 10:00 a.m. by Chr. Kelepolo who gave a warm welcome with the following statement: "Because of a very recent amendment to the Sunshine Law, we have a change from our previous practice. Rather than limiting testimony to the start of the meeting, anyone wishing to testify on an agenda item may choose whether they want to testify at the start of the meeting or immediately prior to the agenda item itself. We will ask for public testimony at the appropriate points in the meet- ing and each testifier may choose when they want to provide their testimony. As a reminder, public testimony maybe limited to three minutes and this change in procedure does not double the time allowed. You may choose one opportunity or the other." She then took roll call, and those present constituted a quorum. Present: Ms. Alex Kelepolo, Chairperson (CHR.) Ms. Deborah Chang, Vice Chair (V.CHR.) Dr. Wayne Frank, Member Ms. Diane Kanealii, Member Ms. Shellie Bee Allen Naungayan, Member Ms. Jodie Rosam, Member Ms. Deborah J. Ward, Member Ms. Cayla Crivello, Member Absent: Mr. Justin Lee, Member (excused) Support Staff: Mr. Hamana Ventura, Property Manager Department of Finance Ms. Maxine Cutler, Commission Secretary Ms. Jean Campbell, Deputy Corporation Counsel Representative II. OFFICE OF THE MAYOR: Mayor Mitchell D. Roth to address the commission, in support of the PONC Program. Mayor Roth addressed the commission updating them on the on -going progress of ac- PONC Minutes July 11, 2022 Page 1 quiring past prioritized properties listed in the PONC's report dated December 29, 2021. Mayor Roth recognized the commission's hard work to make these recommendations for our Keiki and generations, to gather, to enjoy, and practice sustainability. Chr. Kelepolo thanked the Mayor for his continued support and taking time to address the commission. Chr. Kelepolo reminds the public that the 2023 Stewardship Grant ap- plications are due by August 31, 2022, to the Department of Finance and moved on to the next agenda item. III. STATEMENT(S) FROM THE PUBLIC: Chr. Kelepolo acknowledged the presence of Ms. Toni Withington who will be speaking later as the agenda indicated. There being no one from the public present, Chr. Kelepolo closed the oral public tes- timony and moved on to the next agenda item. IV. WRITTEN COMMUNICATION: (ACKNOWLEDGED) Chr. Kelepolo acknowledged, accepted, and filed Comm. 22-018 to Comm. 22-025, no motion required and moved to the next item on the agenda. V. DEPARTMENT OF FINANCE REPORT: Mr. Hamana Ventura, Property Manager addressed the commission and gave the follow- ing report: "The County has three active escrows and up to four additional properties soon may go under contract by the end of this year. We expect to close on one in August. We are continuing with projects for mitigating wild fire and vegetation control; and processing management plans. As for the stewardship grants, we have presented one 2020 grant agreement was transmitted to the applicant pending execution. Last week, Communication 884 went to Finance Committee to fund the 2021 grant applicants and expect more in August. Property Manage- ment already templated the grant agreements, and concluded compliance with our grantees. For the 2022, the draft evaluations has been prepared and will pre- sent to council next month, which brings our grants current to date. In addition, we are also addressing the possibility of multi -year grant agreements in order to make the process more efficiently, apply less frequently for everyone, commis- sion's review fewer applications, creating efficiency. As far as guidelines posting of the agenda, documents, we heard the pub- lic concerns on posting the agenda and documents on the county calendar. The finance departments staff is unable to control the county's calendar or IT [Infor- mation Technology] systems. To avoid delays, we plan to post them earlier, in timely manner to avoid any IT glitches. Finally, the subject of updating meetings and formatting. In staying con- sistent 14 years public meetings will continue to be held in person. We enjoy get- ting together and keeping our boots on the ground, to keep to six times a year, keeping us within our budgetary requirements. That's it for the finance report." Mr. Ventura answered questions asked by Ms. Ward regarding the hybrid meetings, hir- PONC Minutes July 11, 2022 Page 2 ing a full-time administrator for the open space program, what properties are in escrow, and what properties are targeted for escrow. Due to budget constraints, meetings will continue to be in -person, as it has been done in the last 14 yrs. Properties in escrow and/or targeted for contracts in the negotiation process are confidential. Hiring a full-time staff person was addressed by the finance director in council meetings. Concerns were raised by Ms. Chang regarding the public notice missing a few proper- ties from the list. Ms. Cutler responded and will check on this, make any corrections be- fore the notice goes to publication. Ms. Chang voiced other concerns regarding the three years of grant funding for the past three years. Mr. Ventura assured the commission that the Finance Department is working with Parks & Recreation during the transition pro- cess. A discussion was held with Mr. Ventura and Ms. Campbell regarding grant funding for education as an allowable expense. With no other questions for Mr. Ventura, Chr. Kelepolo continued to the next item on the agenda, called for any public testimony, being none, called for a motion of the minutes. VI. MINUTES: (Motion required) 1. Minutes of April 4, 2022, regular session MOTION: Ms. Ward moved to approve the minutes of April 4, 2022, draft 3 version, seconded by Ms. Kanealii. There being no discussion, Chr. Kelepolo called for a ver- bal vote, all present voted aye. The motion passed. 2. Minutes of May 9, 2022, regular session MOTION: Ms. Rosam moved to approve the minutes of May 9, 2022, draft 3 version, seconded by Dr. Frank. There being no discussion, Chr. Kelepolo called for a verbal vote, all present voted aye. The motion passed. Chr. Kelepolo continued to the next item on the agenda, called for any public testi- mony, there being none, she called for a motion before any discussion on the 2022 Prioritized List. VII. OLD BUSINESS: 1. 2022 PRIORITIZED LIST (MOTION REQUIRED) 1) 22-03, Hapu'u-Kapanai'a 96% (Rosam) 2) 22-02, Halelua 93% (Kanealii) 3) 22-05, Lamaloloa 89% (Frank) 4) 22-04, Honoipu 85% (Chang) 5) 22-07, Kukuipahu - Haena 77% (Lee) 6) 22-06, Keawenui 73% (Naungayan) 7) 22-01, Historic 88 Temples Walk 67% (Kelepolo) 8) 22-08, Holualoa Royal Complex 53% (Ward) MOTION: Ms. Rosam moved to approve the 2022 Prioritized List, seconded by Dr. Frank. During discussion, Chr. Kelepolo corrected #3 to 22-05, Lamaloloa and listened to sugges- tions whether or not to write summaries on items which already have resolutions and keep PONC Minutes July 11, 2022 Page 3 them on the list or not. There being no further discussions, Chr. Kelepolo called for a roll call vote: Ms. Ward, Ms. Crivello, Ms. Rosam, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Kanealii, and Chr. Kelepolo all voted aye, with Mr. Lee excused. There being a unanimous vote in favor of the motion, the motion passed. Chr. Kelepolo continued to the next item on the agenda, and called for any public testimo- ny, there being none, called for volunteers to write summaries of the 2022 Prioritized List. 2. ASSIGNMENT OF THE 2022 PRIORITIZED LIST SUMMARIES. Chr. Kelepolo clarifies the purpose of the summaries, and the members of the commission volunteered to write them (see above list with names in parenthesis). Reminder by Chr. Kelepolo that the write-ups are due by October 21, 2022, or sooner to the secretary. There being no further discussion, Chr. Kelepolo, called for a break at 10:49 a.m. She re- convened the meeting at 10:58 a.m., moved on to the next item on the agenda, and called testifier, Ms. Toni Withington to the microphone. Ms. Withington testified on the next item on the Rules of Practice and Procedure of the Hawaii County PONC specifically to rule 4.a. She gave a brief statement on the importance of continuing to prioritize repetitive nominations with resolutions. She said that prioritizing these properties each year helps with matching fund partners. She continued that the requirement to have a willing seller landowner letter is a "crazy idea." She presented examples of unwilling sellers for previous properties on the prioritized list that have been purchased by the county or in the process of being purchased. As a result, she continued to support the program and hopes the commission addresses these items when making changes to the current rules. There being no futher public testimony, Chr. Kelepolo continued to the next item on the agenda and informed the commission that this is a discussion only on the pro- posed revisions to Rule of Practice and Procedures of the Hawaii County PONC Draft No. 1. 3. DISCUSSION REGARDING PROPOSED REVISIONS TO RULES OF PRACTICE AND PROCEDURE OF THE HAWAI`I COUNTY PONC-DRAFT NO. 1. The following discussions were held for the following said rules: RULE 4. DUTIES AND RESPONSIBILITIES (a) Ms. Naungayan started the discussion with the issue requiring the nominator to submit a letter from the landowner as a willing participant. She cited a past situation where a landowner attended a meeting, very upset, with a letter from a law firm, asking to remove them from the prioritized list. A lengthy discussion ensude regarding willing participants and willing sellers letter as noted on the current suggestion form, how on the assessment criteria form is scored, the possibility of having the option to remove it from the list, and how to draft this into the rule. Ms. Naungayan invited Ms. Campbell to the microphone for some assistance in this matter. PONC Minutes July 11, 2022 Page 4 Ms. Campbell referred to the Rules draft revision no. 1 proposed changes brought the rules current with County Charter, codes, and suggestion made by the public. She stated this is a guideline and a summary of those changes which were forwarded to the commission. She clarified that the rules are specific and presently have no provision for removal of a nomination from the list. It was discussed, that no motions to be made, as this is a discussion session only today. RULE 1. AUTHORITY Ms. Ward suggested to reference the charter changes that were recently adopted. RULE 2. GOALS (c) Chr. Kelepolo commented that the changes references the department of finance. (e) Ms. Ward suggested to add "seeking grant funding." She explained that it should be part of their (commission) duties to seek outside funding. It was noted that in the Code [Section 2-217] does state `methods of funding' and make recommendations to the mayor. RULE 3. DEFINITIONS (j) Ms. Chang asked for clarification regarding what to do, if the Chair and Vice Chair were both absent from the public meeting. Ms. Campbell stated if a quorum is established, the quorum can elect an acting chair. Ms. Ward suggested to add: secretary and administrator. Chr. Kelepolo statec (m) secretary is there. Ms. Campbell replied that there is no existing position called administrator and can't be added to the rules at this time. Ms. Chang asked for location of where the charter changes requirement hiring a full-time person be added to PONC. Ms. Campbell clarified that the charter amendment allowed for the payment of "salaries, wages, and benefits for staffing dedicated to the advancement contained in this section. " She commented that the Preservation Funds priority is used for acquisitions. With no futher discussion, Chr. Kelepolo skiped Rule 4 and continued to Rule 5. RULE 5. PURPOSE Chr. Kelepolo commented only grammatically changes were made. RULE 6. ORGANIZATION AND PALIAMENTARY RULES 6-1. ORGANIZATION. Chr. Kelepolo stated formatting changes were made and no discussion held. 6-2. ELECTION OF CHAIR AND VICE CHAIR. Chr. Kelepolo stated formatting and grammatical changes were made and no discussion held. PONC Minutes July 11, 2022 Page 5 6-3. QUORUM AND NUMBER OF VOTES NECESSARY FOR A DECISION. Chr. Kelepolo stated formatting changes were made and no discussion held. 6-4. MEETINGS. (a) Regular Meetings - Ms. Ward commented that meetings should be more flexible. A discussion ensued whether to keep the specifics of the time and days written in the rules and change "alternative" to "al- ternate" month,... (b) Special Meetings — Ms. Chang commented that if needed we may to schedule another meeting. This section allows for that option. It was clarified that H.R.S. § 92.8 refers to the Sunshine Law, and it makes sense to refer to the law, rather than making changes when the law changes. (c) Conduct Meetings — no discussion held. (d) Notice — Ms. Chang suggested to add post items on the website. Ms. Campbell clarified that H.R.S. § 92-7 that posting will be made accord- ing to the Sunshine Law. (e) Blank (f) Blank (g) Adjournment — no discussion held. (h) Continuation of decision making — no discussion held. (i) Effective date of commission decision — no discussion held. 0) Site visits policy iii. Ms. Chang asked whether H.R.S. § 91 to § 92.5 reference number is correct. Ms. Campbell stated she will double check on all the H.R.S. references. Ms. Rosam pointed out throughout the document there are single and double spaces and suggested that it be either or, but not both. She also noted that there are three different types of `okina. We should use the proper diacritical markings when referring to the Hawaiian language. 6-5. MINUTES. (a) Minutes - Ms. Ward suggested to insert that "the secretary" is to do the minutes. A discussion was held whether or not to insert it. Ms. Campbell suggested to keep it simple and just in case a member of the commission may needed to take minutes, you have that option in the rules to do so. 6-6. OFFICERS AND THEIR DUTIES. b. Presiding Officer. Chr. Kelepolo notes format changes to the section. (8) Ms. Chang suggests to omit the second "be" to read, "...or such may property appertain to such office;" Ms. Campbell con- cur. (10) Ms. Chang asked for an example of this item or an explana- PONC Minutes July 11, 2022 Page 6 tion. A discussion was held whether to keep this section. Ms. Cut- ler gave an example that during the pandemic, the Chair reported to the commission that meetings will be held by Zoom which was within the scope of duties, and it was deemed relevant to the commission. (7) Ms. Rosam asked who is the director? Ms. Campbell respond- ed, "Director of Finance." Ms. Ward suggested to add as a duty that the presiding officer determines what goes on the agenda. She explained that topics don't make it on the agenda. A discussion ensued defining what goes on the agenda, who makes that determination, and who approves it. 6-7. STANDARDS OF CONDUCT. (a) Disclosure of Interest — no discussion held. 6-8. SUSPENSION OF THE RULES. Ms. Chang asked for an example of this. Dr. Frank mentioned that during COVID, they suspended the rules and met on Zoom, due to the proclamation from the Govenor and Mayor, in essence an emergency situation. 6-9. SEVERABILITY. Ms. Campbell explained that if, for some reason, any part of the rules is bad or not working, you can omit it without changing the rest of the rules. RULE 7. PUBLIC RECORDS, INSPECTION, AND AVAILABILITY 7-1. INSPECTION OF PUBLIC RECORDS. No discussion was held. 7-2. WHERE AVAILABLE. (a) Ms. Chang suggested to mention the website here. (b) No discussion held. 7-3. COPIES OF PUBLIC RECORDS No discussion held. 7-4. DENIAL OF INSPECTION. No discussion held. Being no further discussion, Chr. Kelepolo directed the commission back to: RULE 4. DUTIES AND RESPONSIBILITIES. (a) A lengthy discussion ensued regarding the subject, "All suggestion forms must include a written statement from the legal owner of the parcel that the owner is willing to participate in the suggestion process... " Shall the rules change to include this statement or omit it from the rules. Ms. Campbell pointed out that the inserted sentence states "willing to participate," it PONC Minutes July 11, 2022 Page 7 doesn't say "willing seller. " These are very different concepts. For now to help with the commissions duties and responsibilites the needed for a willing landowner to participate so that you [commission] can perform site visits and the landowners are aware that it will be ranked. Ms. Campbell continued to give examples why is not in the scope of this commission to tell the county or the landowner to sell it. Dr. Frank suggested to omit the provision of the "willing seller" and continue to rank them and review it as submitted. Ms. Ward gave an example of a property on the prioritized list that the county had not purchased due to unwilling seller, but later the new owners of the property decided to sell. Ms. Kanealii asked for clarification, "who is the first contact with the landowner if they are a willing seller?" Mr. Ventura responded that the nominator is the first point of contact, not the commission. The commission receives the information in the suggestion form application. Ms. Rosam supported the term, "...is willing to participate in the suggestion process" but NOT, "is willing to consider selling the parcel or an easement to the County." Mr. Ventura suggest to omit "and is willing to consider selling the parcel or an easement to the County. "A discussion ensued to omit this from the rules. Ms. Crivello explained that working with unwilling landowners is difficult. Educa- tion begins with the community and programs like this so they may comprehend the cultural significance of preserving the land. Dr. Frank asked for clarification for when the rules go into effect. Ms. Campbell explained that State law controls how one adopts practices and procedures for all commissions, boards, and agencies. She explained the administrative procedures to the rules and public notice, giving the public an opportunity to comment. Once the final version is adopted, then it is filed with the County Clerks and sent to the State of Hawaii for final approval. Ms. Ward commented on resubmittals of repeat nominations, and said she doesn't object for resubmittals. Clarification was given that applications are accepted all year and the commission gets them once a year. Ms. Chang suggested that a provision notifying the neighboring landowner that a property has been nominated to PONC, perhaps to include in the rules. Ms. Campbell suggested a provision to notify the landowner that their property was nominated for PONC, but PONC still had nothing in the rules to address this. (b) Discussion pending. (c) Discussion pending. (d) Discussion pending. (e) Discussion pending. (f) Discussion pending. PONC Minutes July 11, 2022 Page 8 (g) Discussion pending. Being that it was almost 2:00 p.m., Chr. Kelepolo halted discussion on the rules; instruct- ed the commission to review the rules, and discussion will continue at the next public meeting. Discussion was made that the finance staff does not update the rules until the discussion of the proposed changes to the rules have been completed. VII. ANNOUNCEMENTS: Chr. Kelepolo announced the next meeting, took suggestions for agenda items, and reminded the commission that the 2022 Prioritized List summaries are due to Ms. Cutler by October 21,2022. The next public meeting is scheduled for September 12, 2022, from 10:00 a.m. to 2:00 p.m. at the West Hawaii Civic Center, 74-5044 Keohokalole Hwy. Building G, Kailua-Kona, HI. 96740. 2. Suggested agenda items by the commission. a) Old Business: • Continued discussion regarding proposed revisions to Rules of Practice and Procedure of the Hawaii County PONC Draft No. from the July 11, 2022, meeting. b) New Business: • Review, discuss, and make recommendation to the director of finance regarding the 2023 Stewardship Grant applications received by August 31, 2022. • Review, discuss, and make revisions to the Suggestion Form, ques- tion #7 and #8, as discussed in the July 11, 2022 meeting. VIII. ADJOURNMENT (Motion required) There being no further suggested agenda items, Ms. Ward moved to adjourn the meeting, seconded by Ms. Kanealii. Chr. Kelepolo called for a verbal vote, all present voted, aye. The meeting was adjourned 1:40 p.m.. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MS. ALEX KELEPOLO, Chairperson Draft posted and emailed on August 16, 2022 Corrected by. Ms. Chang, Ms. Kaneali'i, Ms. Naungayan, Ms. Ward. Approved on September 26, 2022 Posted on October 10, 2022 PONC Minutes July 11, 2022 Page 9