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HomeMy WebLinkAbout2022-11-14 Public Access, Open Space, and Natural Resources Preservation Commission Minutes - ApprovedPUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES November 14, 2022 Public Meeting Hawaii County Building, Hilo Council Chambers 25 Aupuni St. Suite 1401 Hilo, HI 96740 I. CALL TO ORDER: On November 14, 2022, the regular meeting of the Public Access, Open Space, and Nat- ural Resources Preservation Commission (PONC) was called to order at 10:00 a.m. by Chr. Kelepolo who gave a warm welcome to all in attendance, announced today's meeting will end at 1:00 p.m., and introduced the commission; those present constituted a quorum. Present: Ms. Alex Kelepolo, Chairperson (CHR.) Ms. Deborah Chang, Vice Chair (V.CHR.) Dr. Wayne Frank, Member Ms. Cayla Crivello, Member Ms. Deborah J. Ward, Member Ms. Jodie Rosam, Member Ms. Shellie Bee Allen Naungayan, Member Absent: Ms. Diane Kanealii, Member (Excused) Mr. Justin Lee, Member (Excused) Support Staff: Ms. Jean Campbell, Deputy Corporation Counsel Representative Mr. Hamana Ventura, Property Manager Department of Finance Ms. Maxine Cutler, Commission Secretary II. STATEMENT(S) FROM THE PUBLIC: Chr. Kelepolo opened the floor for public testimony, informed the public testimony is limited to three minutes per agenda item, and they may choose whether to testify now or before each agenda item. Ms. Sammy Sanborn testified in support of a designating a full-time 2% manager, update the fact sheet on the public website, and nothing should be done to "rule changes." She recommends that members of this commission read the Cost of PONC Minutes of November 14, 2022, Approved Page 1 Government Report, specifically the PONC section in the report. She ends her testimony with a huge graditude for the work done and says, "don't change anything with the rules." III. WRITTEN COMMUNICATION: (ACKNOWLEDGED) Chr. Kelepolo acknowledged, accepted, and filed Comm. 22-030 to 22-032, no motion required, and moved to the next item on the agenda. IV. DEPARTMENT OF FINANCE REPORT: Property Manager, Mr. Hamana Ventura reported the successful acquisition of the Misty Kai property in Kapanai`a, North Kohala, Hawaii, which held the last half of Kapalama Heiau, leaving one parcel left to complete the Hapu`u to Kapanai`a Cultural Corridor; the Conservation Easement of Kiolaka`a, Ka`u is scheduled to record by Novemeber 15, 2022; and multiple appraisals which include Keauhou Bay in Kailua- Kona. In addition, he reported the disbursement of nearly $400,000 for the 2021 Stewardship Grant Funding with an additional $125,000 by end of December 2022; the 2022-23 Stewardship Grant communication was sent to council; and he answered questions from the commission. The two applications that were deferred in the September 26, 2022, meeting, will be deferred indefinitely. The applicants were notified. He reported that the administration fee is not an allowable expense by the Hawaii County Charter and will not be paid. V. CHAIRPERSON'S REPORT: Chr. Kelepolo gave a Certificate of Appreciation to Dr. Wayne Frank for completion of a five (5) year term which ends on December 31, 2022. She gave an appreciation speech and presented him with a lei. She gave her appreciation to the rest of the commission and the staff for the work in getting the grant funding out, progress of the Stewardship Grant program, and her gratefulness in serving as chair this past year. VI. MINUTES: (Motion required) Chr. Kelepolo called for a motion to approve the September 12, 2022, minutes (version 5). MOTION: Ms. Rosam moved to approve, and the motion was seconded by Dr. Frank. There being no discussion, Chr. Kelepolo called for a verbal vote, all present voted, "aye", with two excused absences, the motion passed. Chr. Kelepolo asked for public testimony for the two items under Old Business. Ms. Toni Withington testified on two agenda items. (1) The suggestion form. She asked PONC to remove the landowners contact information on the front and, remove from question no. 7, requiring the landowner to submit a letter of intent to PONC Minutes of November 14, 2022, Approved Page 2 participate in the sale of property. (2) She asked PONC to remove the landowners contact information on the front and remove question no. 7, requiring the landowner to submit a letter of intent to participate in the sale of the property, and there is no need to re -submit those properties. She ended her testimony with a brief history of PONC, land use in Hawaii, and encouraged PONC to review the Cost of Government Report. VII. OLD BUSINESS: 1. Discussion No. 2. Continued on the proposed revisions to Rules of Practice and Procedure of the Hawaii County PONC Draft Revision No. 1 from the July 11, 2022, and CHR. Kelepolo opened the floor for discussion. Disscussion by the commission included the Mayor's request to review past prioritized nominations that made the list and submit a report. Ms. Ward replied the report was only for those with resolutions. RULE 4. DUTIES AND RESPONSIBILITIES (a) Ms. Chang started the discussion with two suggestions: 1) "The commission staff shall accept suggestions...", change the word "shall" to "may." She recommends to remove the entire 2nd sentence "All suggestion forms must include a written sentence... easement to the County." Discussion to remove the sentence from the Rules, and any similar statement in both the Criteria Assessment Form, and Suggestion Form. The commission showed their support to remove it from the rules. Ms. Chang asked for discussion on the 3rd sentence, "previously submitted and evaluated." The commission showed their support to remove it from the rules. (b) Ms. Chang read and found no problem with this subsection. The commission showed their support not to change anything. (c) Discussion was held to add a past prioritized detailed list and status update in the annual report, and add to the sentence the words, "most frequent, current" insert a QR code in the report, or post the list on the website. (d) No discussion. (e) Discussion to move this to Rule 2. Goal, or leave it; may need more training regarding grant funding, a standing Permitted Interaction Group could be formed that reports back to the commission regarding funding sources. (f) Discussion to hold a pre -review opportunity with the applicants by inserting into the grant application that the pre -review is available if submitted before August PONC Minutes of November 14, 2022, Approved Page 3 15th. (lots of inaudiable, no microphone); change the deadline date and multi- year grants would be beneficial but would need a Charter change; and asked Ms. Campbell to help with the wording for the commission to refuse incomplete or late applications. (g) No discussion. CHR. KELEPOLO called a recess at 11:45 a.m., reconvened the meeting at 12:01 p.m., took the agenda out of order, and directed the commission to New Business. VIII. NEW BUSINESS: 1. Commission to discuss and may forma Permitted Interaction Group (PInG) for the Rules of Practice and Procedure of the Hawaii County PONC; and to set the scope of work, as introduced by Ms. Ward. (Motion Needed) CHR. KELEPOLO asked for a motion. MOTION: Ms. Ward moved to form a PInG for the review of the Rules of Practice and Procedure of the Hawaii County PONC (Rules), select members, and set the scope of work. The motion was seconded by Ms. Rosam. Ms. Ward mentioned that there are members of the public who may want to be part of the PInG, hold more meetings before January, and the need to get this done. Ms. Chang would like to continue holding detailed discussion about the Rules as a full commissionwithout a PInG. It is on the agenda for January, and when all done, the version will be made available to the public. There being no further discussion, CHR. KELEPOLO called for a roll -call vote. Voting "Aye", Ms. Ward. Voting "Nay", Chr. Kelepolo, Ms. Chang, Ms. Crivello, Ms. Rosam, Ms. Naungayan, and Dr. Frank. With 1-aye, 6-nays, and 2-excused absences, the motion did not pass. 2. Commission to discuss and may forma Permitted Interaction Group (PInG) for the Suggestion Form, select its members, and set the scope of work, as introduced by Ms. Ward. MOTION: Ms. Chang moved to form a PInG for the Suggestion Form. The motion was seconded by Ms. Naungayan. A short discussion was held that decisions made in the Rules will affect the Suggestion Form and the Criteria Assessment Scoring (Rubric). It was felt that discussion amongst the full commission on the Rules and Suggestion Form would be more effective than forming a PInG for that purpose. There being no further discussion, CHR. KELEPOLO called for a roll -call vote. Voting "Nay", Chr. Kelepolo, Ms. Chang, Ms. Crivello, Ms. Rosam, Ms. PONC Minutes of November 14, 2022, Approved Page 4 Naungayan, Ms. Ward, and Dr. Frank. With 7-nays, and 2-excused absences, the motion did not pass. 3. Commission to discuss formation and selection of members for a Permitted Interaction Group for the 2024 Stewardship Grant Application and Instruction Sheet, as introduced by Ms. Chang. MOTION: Ms. Chang moved to form a PInG to work on the 2024 Stewardship Grant Application and Instruction Sheet. The motion was seconded by Ms. Naungayan. Ms. Chang stated that the Scope of Work would be to receive feedback from the applicants, determine edits in the form, and improve clarity of instructions. Members are: Ms. Chang, Ms. Rosam, Ms. Crivello, Chr. Kelepolo. The PInG would suggest improvements to the form and instructions and report back to the commission. There being no further discussion, CHR. KELEPOLO called for a roll -call vote. Voting "Aye, " Chr. Kelepolo, Ms. Chang, Ms. Crivello, Ms. Rosam, Ms. Naungayan, Ms. Ward, and Dr. Frank. With 7-ayes, and 2-excused absences, the motion passed. 4. Election of Officers. Election for new Chair and Vice Chair to serve for the calendar year beginning January 1, 2023, to December 31, 2023. MOTION: Ms. Naungayan moved to open discussion and nominate members of this commission Chair and Vice Chair for the one year term beginning January 1, 2023, to December 31, 2023. The motion was seconded by Ms. Crivello. Ms. Naungayan nomitated Ms. Deborah Chang Chair and Vice Chair, Ms. Alex Kelepolo was recommended by Ms. Naungayan who explained these two members work well together; make good motions, and are well organized. Nomination for Vice Chair: Ms. Deborah J. Ward nominated herself. Ms. Ward expressed her enthusiasum about the PONC program, enjoys working with the public, is excited about grant funding, and serving on this commission for the community. There being no further discussions or nominations, CHR. KELEPOLO called for a roll -call vote 1) for Chair, Ms. Deborah Chang. Voting "Aye, " Chr. Kelepolo, Ms. Chang, Ms. Crivello, Ms. Rosam, Ms. Naungayan, Ms. Ward, and Dr. Frank. With 7-nays, and 2-excused absences, the motion passed for newly elected Ms. Deborah Chang as Chair. PONC Minutes of November 14, 2022, Approved Page 5 There being no further discussions or nominations for Vice Chair, CHR. KELEPOLO called for a roll -call vote. For Vice Chair, Ms. Deborah J. Ward, Voting "Aye," Chr. Kelepolo, Ms. Ward, and Ms. Rosam. Voting "Nay," Ms. Crivello, Dr. Frank, Ms. Chang, Ms. Naungayan. With 4-Nays, 3-Ayes, and 2- excused absences, the motion did not pass and did not meet majority. There being no further discussions or nominations for Vice Chair, CHR. KELEPOLO called for a roll -call vote. For Vice Chair, Ms. Alex Kelepolo. Voting "Aye," Ms. Ward, Ms. Rosam, Ms. Crivello, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Kelepolo. With 7-Ayes, and 2-excused absences, the motion passed with a majority vote. Vice Chair is Ms. Kelepolo. With time left in the meeting, CHR. KELEPOLO directed the commission back to Old Business, continued discussion on the proposed revisions to Rules of Practice and Procedures of the Hawaii County PONC Draft No. 1. RULE 6. ORGANIZATION AND PARLIAMENTARY RULES 6-6. OFFICERS AND THEIR DUTIES. b. Presiding Officer. (8) Ms. Chang suggested omitting the second "be" to read, "...or such may property appertain to such office;" (add) Ms. Chang suggested the addition that the Presiding Officer would approve agendas. Ms. Campbell will check on the definition of a Presiding Officer. It is her understanding that a Presiding Officer is selected when the Chair and Vice Chair are not available for the meeting. The agenda would already been approved. 6-4. MEETINGS. (a) Regular Meetings - Ms. Chang change "alternative" to "alternate" month,... (b) Special Meetings — Ms. Ward commented that if needed we may 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) Notice — Ms. Ward asked to change six days to perhaps 10 days. Ms. Campbell clarified that H.R.S. § 92-7 states that posting will be made according to the Sunshine Law. Don't need to change the rules, but can post early. Ms. Cutler confirmed posting is now 14 days early. (d) Executive Meetings — vs. Executive Session, discussion held to change it to Executive Session. Q) Site visits policy- Ms. Ward asked for clarification regarding visiting sites out of their council districts. Ms. Cutler clarified it's okay, but no mileage will be paid for visits that are informal. Only paid mileage if PONC Minutes of November 14, 2022, Approved Page 6 you are a member of a PInG. 6-5. MINUTES. (a) Minutes - Ms. Ward suggested to insert clarification on the number of days for the minutes in the rules. A discussion was held whether or not to insert it. Ms. Campbell will elaborate on this for the next meeting. NOTIFICATION TO LANDOWNER. Ms. Chang raised concerns and the need to notify the landowner that PONC received a nomination of their land should be part of the Rules. Ms. Campbell reminded the commission that notification would fall on the nominator, beause there are liability issues if the County does the notification. There was support to leave this out of the Rules. Ms. Ward suggested to add Ms. Toni Withington to the PInG for the 2024 Stewardship Grant Application and Instruction Sheet review, as introduced by Ms. Chang. Before moving to the final agenda item, CHR. KELEPOLO revisited agenda item no. 3, under NEW BUSINESS: Commission to discuss formation and selection of members for a Permitted Interaction Group for the 2024 Stewardship Grant Application and Instruction Sheet, as introduced by Ms. Chang. Ms. Cutler guided the commission to amend the original motion to add Ms. Withington, pass the amended motion, and then vote on the amended original motion. MOTION: Dr. Frank moved to amend the original motion by adding Ms. Toni Withington as the fifth member. The motion was seconded by Ms. Chang. There being no further discussion, CHR. KELEPOLO called for a roll -call vote. Voting "Aye," Ms. Ward, Dr. Frank, Ms. Chang, Ms. Crivello, Ms. Rosam, Ms. Naungayan, and Chr. Kelepolo. With 7-ayes and 2-excused absences, the amended motion passed. MOTION: Ms. Rosam moved to accept the amended original motion to form a PInG to work on the 2024 Stewardship Grant Application and Instruction Sheet, with its members: Ms. Chang, Ms. Rosam, Ms. Crivello, Ms. Kelepolo, and Ms. Withington, the scope to improve the form and instructions and report back to the commission. The motion was seconded by Dr. Frank. There being no further discussion, CHR. KELEPOLO called for a roll -call vote. Voting "Aye," Ms. Ward, Dr. Frank, Ms. Chang, Ms. Crivello, Ms. Rosam, Ms. Naungayan, and Chr. Kelepolo. With 7-Ayes and 2-excused absences, the amended original motion passed. IX. ANNOUNCEMENTS: 1. The next public meeting is scheduled for January 9, 2023, from 10:00 a.m. to 2:00 p.m. at the West Hawaii Civic Center, 74-5044 Keohokalole Hwy., Building PONC Minutes of November 14, 2022, Approved Page 7 G, Kailua-Kona, HI. 96740. 2. Suggested agenda items by the commission. A) Old Business: 1. Discussion No. 3 continues on the proposed revisions to Rules of Practice and Procedure of the Hawaii County PONC Draft Revision No. 1 from the November 14, 2022 meeting. B) New Business: 1. Report from the 2024 Stewardship Grant PInG. 2. Report from Ms. Campbell regarding publication of minutes and review. X. ADJOURNMENT (Motion required) There being no further suggested agenda items, Ms. Chang moved to adjourn the meeting, seconded by Ms. Ward. Chr. Kelepolo called for a verbal vote, all present voted, aye. The meeting was adjourned 1:10p.m. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MS. DEBORAH CHANG, Chairperson Approved on January 9, 2023. Posted on February 11, 2023. PONC Minutes of November 14, 2022, Approved Page 8