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HomeMy WebLinkAbout2023-01-09 Minutes Approved West Hawaiʻi Civic Center 74-5044 Keohokalole Hwy., Building G Kailua-Kona, HI. 96740. On January 9, 2023, the regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) was called to order at 10:00 a.m. by Chr. Chang welcomed all in attendance and introduced the commission; those present constituted a quorum. Ms. Deborah Chang, Chairperson (CHR.) Ms. Alex Kelepolo, Vice Chair (V.CHR.) Ms. Diane Kanealiʻi, Member Ms. Cayla Crivello, Member Ms. Deborah J. Ward, Member Ms. Jodie Rosam, Member Ms. Shellie Bee Allen Naungayan, Member Mr. Justin Lee, Member Absent District 4 (vacant) Support Staff: Ms. Jean Campbell, Deputy Corporation Counsel Representative Mr. Hamana Ventura, Property Manager Department of Finance Ms. Maxine Cutler, Commission Secretary Chr. Chang opened the floor for public testimony and testified that she could testify now or before the agenda item. Ms. Hecht chose to testify now and proceeded to the microphone. Ms. Hecht testified in support of the 2% fund and her long relationship with the program. On Comm. 23-04, Ms. Hecht recommends that members of this commission implement the suggestions from the Cost of Government Report, specifically the PONC section in the “Rules and Procedures" today, and recommended suspending members who missed PONC Minutes of January 9, 2023 Page 1 three meetings, hiring additional help with the grant program, and recapping issues facing current stewards when disasters happen. She ended her testimony with tremendous gratitude to the commission and was available to answer any questions. Being no further testifiers, Chr. Chang called for a motion to close public testimony. MOTION: So, moved by Ms. Ward and seconded by Ms. Kanealiʻi. There being no discussion, all members present voted, “aye.” Motion passed. MINUTES: (Motion required) PONC Minutes of January 9, 2023 Page 2 Ms. Naungayan requested clarification in the RULES. Does the commission have the authority to suspend its member if they are absent for a minimum of two consecutive meetings? Ms. Campbell responded and directed the members to the Hawaiʻi County Code (HCC), which establishes a commissioner. Any action of that commissioner must meet the recommendation of the Mayor and be approved by the Council. Chr. Chang redirected the members back to the agenda items and instructed them to make a motion for each rule so the draft can be produced for the next meeting. Ms. Cutler clarified that the RULES would be consistent with the most current version of the Hawaiʻi County Charter. RULE No. 1. AUTHORITY MOTION: Ms. Ward moved that DRAFT 1, Rule No. 1, be approved for publication to initiate the rulemaking process with the correction that the County PONC Minutes of January 9, 2023 Page 3 Code and Charter addition be amended to the most recent version. Ms. Kelepolo seconded the motion. There being no discussion, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. RULE No. 2. GOALS MOTION: Ms. Ward moved that the DRAFT 1, Rule No. 2 be approved for publication to initiate the rulemaking process with the addition: (e) explore additional funding methods for land acquisitions and stewardship and make recommendations to the Mayor. Ms. Kelepolo seconded the motion. A brief discussion ensued, clarifying it in the Charter and Code. There being no further discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. RULE No. 3. DEFINITIONS MOTION: Ms. Naungayan moved DRAFT 1, Rule No. 3, to be approved for publication to initiate the rulemaking process with corrections to all Hawaiian diacritical markings. Ms. Rosam seconded the motion. There being no further discussion, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. RULE No. 5. PURPOSE MOTION: Ms. Rosam moved that DRAFT 1, Rule No. 5, be approved for publication to initiate the rulemaking process. Ms. Kelepolo seconded the motion. There being no further discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. RULE No. 6. ORGANIZATION AND PARLIAMENTARY RULES MOTION: Ms. Naungayan moved that the DRAFT 1, Rule No. 6-1, 6-2, 6-3, 6-5, 6-6, 6-7, 6-8, and 6-9, be approved for publication to initiate the rulemaking process. Ms. Naungayan withdrew this motion. MOTION: Ms. Crivello moved that the DRAFT 1, Rule No. 6-1, 6-2, and 6-3, be approved for publication to initiate the rulemaking process. Ms. Ward seconded the motions. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. MOTION: Ms. Ward moved that the DRAFT 1, Rule No. 6-4 be approved for publication to initiate the rulemaking process with the following changes: (a) PONC Minutes of January 9, 2023 Page 4 insert “in-person” after commission…, change the alternative to alternate month…(b) omit "only" and "emergency" from the second sentence, the numbering of the subsections be corrected, correct all Hawaiian diacritical markings, and (h) iii. Correct Chapters 91 to 92. Ms. Kelepolo seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. MOTION: Ms. Ward moved that DRAFT 1, Rule No. 6-5 and 6-6 be approved for publication to initiate the rulemaking process. Ms. Rosam seconded the motion. A discussion ensued to include the following: · Ms. Campbell defines Presiding Officer for 6-6 b. Presiding Officer: “The Chair shall be the presiding officer, and the vice chair shall be the presiding officer in the absence of the Chair. In the absence of both the Chair and the vice chair, quorum members shall elect a quorum member to act as presiding officer for the duration of the meeting according to Rule 6-2." · In Rules 6-6 (6) and (10), change the word committees/subcommittees to Permitted Interaction Groups and (8) strike out the word "be" and add (12) setting the meeting agenda in consultation with county staff. AMENDED MOTION: Ms. Crivello moved to amend the original motion to include the following changes: · Ms. Campbell defines Presiding Officer for 6-6 b. Presiding Officer: "The Chair shall be the presiding officer, and the vice chair shall be the presiding officer in the absence of the Chair. In the absence of both the Chair and the vice chair, quorum members shall elect a quorum member to act as presiding officer for the duration of the meeting according to Rule 6-2." · In Rule 6-6 b. (6) and b. (10) change the word committees/subcommittees to Permitted Interaction Groups, and b. (8) strike out the word "be" and add (12) setting the meeting agenda in consultation with county staff. Ms. Rosam seconded the amended motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. Chr. Chang called for a roll call vote for the amended original motion to be taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the original amended motion passed. Chr. Chang reconvened the meeting at 11:36 a.m. after a short break and continued Old Business, Item 1. about Rule No. 6, 6-7. PONC Minutes of January 9, 2023 Page 5 RULE No. 6. ORGANIZATION AND PARLIAMENTARY RULES MOTION: Ms. Ward moved that DRAFT 1, Rule No. 6-7, be approved for publication to initiate the rulemaking process to correct the Hawaiian diacritical markings and strike-out "committee" and replaced it with a “permitted interaction group.” Ms. Kelepolo seconded the motion. During the discussion, the rules have no consequence or censorship when a member breaks a rule, shares or leaks confidential information has excessive absences, or violates the Sunshine law. Chr. Chang suggested adding a subsection (b) rule to address these concerns. Ms. Campbell clarified that the commission can initiate a concern by correspondence or take action by a verbal warning and written warnings and then proceed to notify the Mayor for council action. She continues to guide the commission on what is an appropriate action. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. MOTION: Ms. Ward moved that DRAFT 1, Rule No. 6-8 and 6-9 be approved for publication to initiate the rulemaking process. Ms. Kelepolo seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. RULE No. 7. PUBLIC RECORDS, INSPECTION, AND AVAILABILITY MOTION: Ms. Ward moved that DRAFT 1, Rule No. 7-1 and 7-2 be approved for publication to initiate the rulemaking process with the following changes; both subsections include wording about a public website where the public could gather information on a public website. Ms. Crivello seconded the motion. Discussion clarifying the availability of information on a public website and insert the vocabulary relating to that website (links, QR Codes), etc., in the Rules. Ms. Campbell clarified that subsection 7-3 does address the subject of public inspection, and the process for providing the information is being practiced according to the OIP, Sunshine Law. There being no further discussion, Ms. Ward withdrew her motion. MOTION: Ms. Ward moved that DRAFT 1, Rule No. 7, be approved for publication to initiate the rulemaking process. Ms. Rosam seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the motion passed. PONC Minutes of January 9, 2023 Page 6 After a short break, Chr. Chang reconvened the meeting at 12:35 p.m. and continued old business, Item 1, about Rule 4. RULE No. 4. DUTIES AND RESPONSIBILITIES MOTION: Ms. Ward moved that the DRAFT 1, Rule No. 4 (a) be approved for publication to initiate the rulemaking process with the following changes: 1) in the first sentence: strike out the words …by January 31 of …, 2) remove the entire second sentence, 3) remove the entire third sentence, The motion was seconded by Ms. Rosam. A short discussion ensued to clarify the changes within the motion. And the following amended motion was made. AMENDED MOTION: Ms. Ward moved that the DRAFT 1, Rule No. 4 (a) last sentence reference change 6-4 (j) to 6-4 (h) be approved for publication to initiate the rulemaking process. Ms. Rosam seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the amended motion passed. Chr. Chang called for a roll call vote on the amended original motion. There being no further discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Ward, Mr. Lee, and Chr. Chang voted "Aye" and 1-vacancy; the amended original motion passed. MOTION: Ms. Kelepolo moved that DRAFT 1, Rule No. 4 (a), to change in the first sentence, the first word “shall” to "may," be approved for publication to initiate the rulemaking process. Ms. Crivello seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Mr. Lee, and Chr. Chang voted "Aye," Ms. Ward voted “nay,” and 1-vacancy; with seven "ayes," one "nay," and one vacancy, the motion passed. MOTION: Ms. Kanealiʻi moved that DRAFT 1, Rule No. 4 (b) be approved for publication to initiate the rulemaking process. Ms. Ward seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Mr. Lee, Ward, and Chr. Chang voted "Aye" and 1-vacancy, and the motion passed. MOTION: Ms. Ward moved that the DRAFT 1, Rule No. 4 (c), (d), and (e) be approved for publication to initiate the rulemaking process with the following changes: (c) from the suggestion received annually. Ms. Rosam seconded the PONC Minutes of January 9, 2023 Page 7 motion. A discussion ensued regarding the subject clarifying the creation of a status prioritized list and maintenance of that list in the rules by the commission. Ms. Ward inquired if the rules need to reflect this list that is different from the Prioritized List. Chr. Chang read subsections (c) to (e) with the inserted verbiage: (c) From the submitted suggestions received annually, the commission shall develop and submit an island-wide priority list of qualifying lands or easements worthy of preservation to the Mayor. The priority list shall prioritize parcels and easements on an island-wide rather than district basis. The list shall include the significance of each property or easement identified, the reason for its priority, and its anticipated use after acquisition; (d) The commission shall update the priority list by December 31 of each year and include the priority list in an annual report to the Mayor, which yearly information shall be transmitted to the Mayor within a reasonable period following the annual update of the priority list; (e) The commission shall explore methods of funding land acquisition and make recommendations to the Mayor; Ms. Campbell then read the duties and responsibilities of the commission. After the discussion, the suggestion was made to delete part of the last sentence in (d). AMENDED MOTION: Ms. Rosam moved to remove in subsection (d) …to the Mayor within a reasonable period following the annual update of the priority list. Ms. Kelepolo seconded the motion. There being no discussions, a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Mr. Lee, Ward, and Chr. Chang voted "Aye" and 1-vacancy, and the motion passed. There are no discussions on the original motion, and a roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Mr. Lee, Ward, and Chr. Chang voted “Aye,” and 1-vacancy, the original amended motion, passed. MOTION: Ms. Kanealiʻi moved that the DRAFT 1, Rule No. 4 (f) and (g) be approved for publication to initiate the rulemaking process with the following changes: (c) from the suggestion received annually. Ms. Kelepolo seconded the motion. Ms. Ward suggested adding the word "stewardship” before each word “grant” in both subsections and removing the date "by August 15" for more flexibility; to add “management plans," change 6-4 (j) to 6-4 (h), and remove the word “annually” in (f). PONC Minutes of January 9, 2023 Page 8 Chr. Chang suggested adding a sentence that reads, "incomplete applications and applications received after the deadline shall be rejected for the current year but may be accepted for the following year's consideration.” After a brief discussion, the original motion was withdrawn by Ms. Kanealiʻi. MOTION: Chr. Chang moved to approve the DRAFT 1, Rule 4. (f) and (g) be approved for publication to initiate the rulemaking process with the following vocabulary: (f) The commission staff may receive stewardship grant applications from the public and shall forward all complete grant applications to the commission for evaluation. Incomplete applications and applications received after any applicable deadline shall be rejected for the current year but may be accepted for the following year's consideration. The commission shall review stewardship grant applications, business plans, management plans, agreements, and other documentation accompanying grant applications. The commission may conduct interviews and perform site visits by Rule 6-4(h) and other activities reasonably necessary to formulate a recommendation. The commission shall make recommendations to the director of the department regarding applications for stewardship grants from the maintenance fund. Proposals shall address whether grant applicants can complete their proposed projects according to the project plan, on time, and within cost estimates, following sections 10-16(h) of the Charter; and (g) The commission shall review stewardship grant progress reports, conduct interviews, and perform site visits and other activities necessary to verify that grant objectives are being met. The commission shall forward its findings to the director. Mr. Lee seconded the motion. There were no further discussions on the motion, so the roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Mr. Lee, Ward, and Chr. Chang voted "Aye" and 1-vacancy, and the motion passed. This ends Old Business and Chr. Chang directs the commission to the next item on the agenda. Report from the Permitted Interaction Group (PING) working to improve the 2024 Stewardship Grant Application and Instructional Sheet. Chr. Chang, a member of this PING, gave a verbal report. After working together by email and Google Docs, the PING has created the PING Stewardship Grant User Survey. She asked the commission to review and discuss and moved to approve. PONC Minutes of January 9, 2023 Page 9 Report from Permitted Interaction Group Stewardship Grant User Survey. (motion required) MOTION: Ms. Crivello moved to put on the next meeting agenda the PING Stewardship Grant User Survey for the 2024 Stewardship Grant Applications. Mr. Lee seconded the motion. There were no further discussions on the motion, so the roll call vote was taken. Ms. Crivello, Kanealiʻi, Kelepolo, Naungayan, Rosam, Mr. Lee, Ward, and Chr. Chang voted "Aye" and 1-vacancy, and the motion passed. ANNOUNCEMENTS: d. e. f. ADJOURNMENT (Motion required) Chr. Chang called for a verbal vote, and all present voted, aye. The meeting was adjourned at 2:23 p.m. PONC Minutes of January 9, 2023 Page 10