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HomeMy WebLinkAbout2001-09-26 Enviromental Management Commission Minutes Public Hearing Minutes for Public Hearing on Wednesday, September 26, 2001Page 1 of 4 Return to: Home Page | Table of Contents | Commission Page PUBLIC HEARING ENVIRONMENTAL MANAGEMENT COMMISSION’S PROPOSED RULES AND REGULATIONS Wednesday, September 26, 2001 9:04 a.m. State Office Building 75 Aupuni Street, Hilo, Hawai`i 96720 PRESENT:Barbara BellALSO PRESENT:Galen Kuba, Acting Director for EM Riley SmithGerald Takase, Corporation Counsel Hugh OnoLarry Capellas, SWD Peter MartinPeter Boucher, WWD Sam KawamuraJames Isa, Abandoned Vehicle Coordinator Luana JonesWalter Iida, Legislative Auditors Jon Olson EXCUSED:Carolyn WitcherSteve Cassulo David FrankelFrederick Brunner Mack Asato STAFF:Kristen Griffiths CALL TO ORDER Riley Smith called the meeting to order at 9:04 a.m. INTRODUCTORY REMARKS SMITH: There are agendas up here. There are 11 sections of these proposed rules. There are copies of the proposed rules up here. We do have a quorum. We have six commission members present. Are there any comments from anyone in the public or from any of the commission members? BELL: I move that in Section 4a, we change the first Wednesday of each February, May, August and November to read the fourth Wednesday. SMITH: Gerald, that is something we can just note now and when we get into our regular meeting agenda, we can vote to accept all changes at one time? So we don’t vote on them as they come along. TAKASE: Right. This is really just your public hearing. SMITH: So we are just getting input. When we have our meeting, that is when we adopt everything at one time. TAKASE: You can discuss the rules now. You have to wait for your regular meeting to adopt. KAWAMURA: Under Section I. Officers, instead of membership, why don’t we put commission members? Membership can be anybody. SMITH: I agree. Commission members. Are there any other comments to the rules from any of the other Commission members or members of the public? Right now, we have suggestions to change the last word in Section I to delete membership and replace it with Commission members. In Section 4a, we had a suggestion in that first line to change the first Wednesday, delete first and replace it with fourth Wednesday of each February, May, August, and November. Is there ever going to be an instance in February when there may not be four Wednesdays? file://C:\Test1\public_hearing_minutes092601.htm6/22/2011 Minutes for Public Hearing on Wednesday, September 26, 2001Page 2 of 4 TAKASE: I don’t think so. SMITH: You will always have four weeks, so that would be four Wednesdays. TAKASE: You could say the last. That is easier. SMITH: But there might be five Wednesdays. BELL: I think we said fourth Wednesday. If we say we are going to be having a Chair and a Vice Chair, but we have been operating on a temporary basis as Co-Chairs, when we finally adopt these rules, then does this mean we have to have a Chair and Vice Chair at a certain point? TAKASE: Typically, when you pass your rules…I am assuming you are going to stay in this arrangement until the end of this year, right? BELL: We haven’t discussed it for a while. It is working. SMITH: I guess her question is if we adopt these, then we have to have a Chair and we have to have a Vice Chair? TAKASE: Yes, so I guess you need to have an election at some point. I don’t think it is critical. BELL: Would it be worthwhile to put some disclaimer about if the group so chooses Co-Chairs is okay? That way whatever we decided, we would not have to go to public hearing to change the rules. SMITH: So they say Chairperson and Vice Chairperson or Co-Chairs? ONO: That sounds great. I think that covers it all, right. BELL: Then we are not bound by a certain time frame. ONO: And we wouldn’t be in violation and we would have lots of flexibility. SMITH: I kind of like this arrangement. ONO: So what are we doing over here? Officers are Chair and Vice Chairperson or Co-Chairpersons. SMITH: Are there any other comments from any of the other commission members? KUBA: Wouldn’t it confuse #3? BELL: Oh. TAKASE: No, because either one of them can assume the duties of the Chair and Vice Chair. KUBA: I was looking at the chain of command. So, if one Co-Chair is not here, then the next Co-Chair is in charge and if they are both not here, then the Vice Chair is in charge? TAKASE: Maybe for #2 we will say Chairpersons/Co-Chair and then for #3 we will say Vice/Co-Chair. It seems like both of them are presiding and it is cordial so it is not a big problem. If you get to one day where Riley wants to recognize, but Barbara doesn’t, then you have a problem. When you have two that are at conflict, that is a potential problem. SMITH: So what is the change? TAKASE: Co-Chair. It only appears in the Title of #2. Then in #3 it is in the title and also in the body. file://C:\Test1\public_hearing_minutes092601.htm6/22/2011 Minutes for Public Hearing on Wednesday, September 26, 2001Page 3 of 4 BELL: Actually, can’t #3 stay the same because if you elect a Chair and a Vice Chair, then the duties and the powers of the Vice Chair would be… #2 could be the duties and powers of the Chairperson/Co-Chair and they preside… TAKASE: Since you might have Co-Chairs, you should specify that these are their duties also because somebody could read it and say that you have duties for a Chairperson and a Vice Chairperson, but it doesn’t say what happens when you have a Co-Chair. ONO: So after #2, it is Chairperson/Co-Chairs? TAKASE: Yes. KUBA: So anytime Chairman shows up, put /Co-Chairs, right? TAKASE: Yes. SMITH: Gerald, when we get to our regular meeting, you can summarize all these changes so Kristen will know how to change the rules. TAKASE: Yes, I have written them in so I will help her revise it. SMITH: Any other suggestions or comments by anybody? Luana, do you have any? JONES: Good work. SMITH: So technically, we can’t close this public hearing until 9:30? TAKASE: Yes, since that is what you had listed. I would just say to recess if nobody is here to testify and if you are all finished talking. BELL: I just want to be clear that every time it says Chairperson, we are going to put Co-Chairperson? TAKASE: No, I will try to think of some language to fit in here so we don’t have to keep adding that all throughout the body. SMITH: At our regular meeting we need to clearly understand what we are approving. Any other comments on the rules? Do we have a motion to close the public hearing or do we recess? TAKASE: Just recess until 9:30. SMITH: We will recess the public hearing until 9:30 and then at 9:30 we will be able to start the regular commission meeting. RECESS Public Hearing was recessed at 9:15 a.m. RECONVENE Reconvened at 9:29 a.m. There were no additional comments to the rules. ADJOURNMENT Barbara Bell motioned to adjourn the hearing. Peter Martin seconded. Motion was carried unanimously. Meeting adjourned at 9:31 a.m. file://C:\Test1\public_hearing_minutes092601.htm6/22/2011 Minutes for Public Hearing on Wednesday, September 26, 2001Page 4 of 4 Minutes Respectfully Submitted by: ___________________________________ KRISTEN GRIFFITHS Interim Environmental Management Secretary Return to: Home Page | Table of Contents | Commission Page ©Copyright 2001 County of Hawaii, Hawaii file://C:\Test1\public_hearing_minutes092601.htm6/22/2011