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HomeMy WebLinkAbout2011-10-27 Open Space Commission Minutes Approved COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Liliu'e Civic Center, Moikeha Building, Meeting Room 2A/213 MINUTES A regular meeting of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission of the County of Kaua'i was held on October 27, 2011, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson, Maurice Nakahara, Vice-Chairperson, Linda Dela Cruz, Tessie Kinnaman, Jean Souza, and Johanna Ventura. The following Commissioners were absent: Nathaniel Childs and two (2) vacancies. The following staff members were present: Duke Nakamatsu and Deputy County Attorney Mauna Kea Trask for Ian Jung. The following staff members were absent: Nani Sadora and Deputy County Attorney Jung. CALL TO ORDER Chair Figaroa called the meeting to order at 1:08 p.m. APPROVAL OF AGENDA MOTION: It was moved by Tessie Kinnaman and seconded by Johanna Ventura to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 8/25/11 and 9/08/11. Regular meeting minutes of 8/25/11 — approved. MOTION: It was moved by Tessie Kinnaman and seconded by Maurice Nakahara to approve the 8/25/11 meeting minutes. All were in favor by unanimous voice vote — motion passed. I Regular meeting minutes of 9/08/11 — approved. MOTION: It was moved by Tessie Kinnaman and seconded by Johanna Ventura to approve the 9/08/11 meeting minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements. RECEIPT OF ITEMS FOR THE RECORD The Commission received written testimony from Rhoda Libre, coordinator for the Kaua'i Westside Watershed Council, and a correspondence to the Kaua'i County Council from Dr. Donald Kawane, regarding the 2011 public input process. MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to receive both communications. All were in favor by unanimous voice vote — motion passed. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Staff reported that the Office of Boards & Commissions is awaiting the submission of an application form and disclosure statements before the applicant can be sworn in. Commissioner Ventura questioned at what point in the process an applicant submits their disclosure statement. Deputy County Attorney Trask stated that he believes that according to the Charter the disclosure is submitted within 30 days of appointment. 2 Update and discussion of the Commission's work plan/timeline of events and activities through 2011, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes and proposals. Commissioner Ventura stated that this item is related to the Commission's planning and scheduling. She suggested taking up this discussion as part of the public input process since they will probably be discussing the recommendations through the end of the year. Discussion with the County Attorney pertaining to the legal issues involved with recommending acquisition of real property to the County Council as part of the annual report. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92- 5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. Deputy County Attorney Mauna Kea Trask stated that under the County Code section 6- 14.2(a)(5) the role of the Commission shall be to work with the Planning Department to develop a list of priority projects to be considered for funding and to solicit public input on the development of the annual list. He stated that paragraph B states that the Commission shall establish an annual recommended priority list for lands or property entitlements to be acquired or for funding of projects directly related to this article. He stated that under section 6-14.3(b) the Commission shall transmit annual recommendations to the Council for priorities of land or other property entitlements to be acquired or for the funding of projects directly related to the purposes of this article. He stated that appropriations for expenditure from this fund shall be made by ordinance. He stated that according to his understanding of the Code, the Commission would make their annual list of priority projects that would be submitted to the Council, and the Council would decided whether or not to make appropriations for one of those projects by ordinance. He stated that although the Mayor's office isn't mentioned, the Charter also allows the Mayor to submit ordinances to the Council for approval. Chair Figaroa questioned if the attorneys office reviews the recommendation once the Council approves it. Deputy County Attorney Trask stated that the attorney's office would review it as a matter of course. He stated that if the Council decides to push an ordinance for an acquisition, it would start as a bill to expend funds and the attorney's office would review it if a question was raised. 3 Commissioner Ventura stated that a member of the public questioned whether the Open Space fund could be used for a long term lease. She stated that he Commission has asked the question in the past. Commissioner Souza stated that the answer from the attorney's office was no. Commissioner Ventura questioned if the answer was no because a lease is a short term entitlement. She recalled the answer being that it was probably allowable, but not desirable. Commissioner Souza stated that she understood the answer to be no. Chair Figaroa stated that he recalled it to be a matter of liability. Deputy County Attorney Trask stated that he would defer to Deputy County Attorney Jung's recommendation. He stated that he would agree that if the Commission wanted to spend money to conserve public access or open space, they might as well purchase it because at the end of the lease you would need to renegotiate and the value would be higher. He noted that a conservation easement would be forever. Commissioner Souza stated that it was quite a few months ago because the opinion influenced some of the decisions related to the dossier for the Nukumoi project. Commissioner Ventura recalled that the Commission could recommend it but the attorney's office would likely to say that they don't recommend it. She requested the minutes of that conversation. She stated that when she met with the stakeholders of the proposed Piwai recreation area, they felt that a lease might be a strategy to encumber the property while they were working on securing additional funds. She stated that it was proposed under the context of a bridge solution. She requested continuing the conversation with the attorney to understand the position that it does not afford permanent protection so maybe it is not desirable. She questioned if the language of the Charter amendment could be interpreted to allow it and whether it was a final formal opinion. Commissioner Souza stated that she recalled the opinion to be iffy at first and then upon further research it was no. Deputy County Attorney Trask stated that the Commission's role is to make recommendations for priority projects. He stated that they could provide the Council with options and they ultimately take the action. Commissioner Ventura stated that the question came up during the public input process and she attempted to refer them to the attorney's office for clarification on what to reasonably expect if they were going to advocate for the property. She questioned where members of the public could be sent to understand the process. 4 Deputy County Attorney Trask stated that the attorney's office does not exist to advise the public, but to advise the Commission. He noted that the input process is important and the public has a right to provide their input. Beyond that, it's up to the people to come to the meetings and or ask the Commission to put an item on the agenda for discussion to learn about the process. Chair Figaroa stated that he asked the question as a means to save money. Deputy County Attorney Trask stated that the Commission could include it in the report for the Council to look at. Commissioner Souza noted that a lease would be a voluntary arrangement, whereas an acquisition could be friendly or by condemnation. She stated that if the relationship between the groups and the land owner is friendly they could work out an arrangement that does not involve the Commission, but if it is not friendly the lease is a voluntary arrangement which would probably not happen. Commissioner Ventura stated that her impression was that the group was feeling a sense of urgency because the property has been previously listed for sale. Commissioner Souza suggested that the option of lease be listed on the next agenda. Commissioner Ventura agreed that it would be good to revisit the advice of Deputy County Attorney Jung. Commissioner Souza stated that the Commission has already discussed the leasing possibility for one project and is being brought up for a second project. She stated that it could be applicable to a bunch of projects especially those that are very expensive. She stated that if funds go toward lease or rent, yet there is not enough to fund one of the projects for acquisition, it would be tricky. She suggested that the Commission think it through because it is complicated. Commissioner Ventura clarified that even if it is determined to be an allowable use it still may not be to the benefit of permanent acquisition because it would be draining the fund. Commissioner Souza stated that the question would be whether it is allowed and then whether it is desirable. Commissioner Ventura stated that the group that was interested in the proposed Piwai recreation area is researching similar models in the United States and on the Big Island because they were concerned with liability if the County were to acquire this property. She questioned how much liability concerns would play a role in the viability or feasibility. She stated that some of the projects that are consistently recommended could conceivably have significant liability. 5 Deputy County Attorney Trask requested a motion to go into executive session to discuss those concerns. MOTION: It was moved by Johanna Ventura and seconded by Jean Souza that the Commission move into executive session for the purpose of receiving legal advice as to liability issues concerning acquisitions. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. Review and discussion on draft dossiers for Council's consideration on recommended sites for acquisition. Access to Kukui`ula Bay through the former Hoban property (previously listed as Former Hoban Property) Commissioner Nakahara stated that he would like to hear from Deputy County Attorney Jung regarding the status of the Kukui`ula funds and that the Commission may want to include that information in the dossier. MOTION: It was moved by Maurice Nakahara and seconded by Linda Dela Cruz to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. Update on proposed amendments to Ordinance 812 Deputy County Attorney Trask requested deferral of this agenda item until Deputy County Attorney Jung returns. MOTION: It was moved by Tessie Kinnaman and seconded by Jean Souza to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. 6 Update and discussion of the 2011 public input process pursuant to Ordinance No. 812 for developing an annual list of priority projects to be reported (2011 Report) to the Kaua'i County Council and the Mayor. Commissioner Ventura suggested that it may be helpful to hear from the Commissioners who hosted the public input meetings and to have a discussion on the schedule in terms of finalizing the list of recommendations to the Council. Commissioner Nakahara suggested focusing on one presentation at a time. Commissioner Dela Cruz stated that she and Commissioner Souza attended the community meeting at Salt Pond on October 11. She stated that they experienced difficulties with feedback from the public because their concerns included the current facilities not being maintained and the leakage from the sewer system aside from what the presentation was about. She stated that some suggestions also included a bus stop in Omao. She stated that they presented what they could and noted that Council members Rapozo and Kualii, and Representative Morikawa were also in attendance. Commissioner Ventura questioned the number of attendees. Commissioner Souza stated that there were about 30 attendees. She stated that she did not want to discuss the meeting in detail because the input process is still open, but in terms of evaluating the idea of holding a public meeting at a pavilion, there were a lot of other activities going on that affected the desirability that meeting space. She noted that there were also some alleged illegal activities that were displaced by the meeting. She stated that when there is a contentious topic, sometimes people become disrespectful where they are too comfortable versus a place where meeting decorum is observed normally. She felt they were at a disadvantage in an open air setting. She felt that it was a good experiment and the turnout was good, but some people didn't appreciate the behavior of others that were disrespectful. She noted that there are so many more issues than the Commission is charged with addressing and for whatever reason, they wanted to discuss all of those other issues so it was good that the Council members stayed later to hear all of them. Chair Figaroa stated that he observed the presentation and agreed that the community appeared frustrated that their voices were not being heard over other issues and utilized the public input process as a vocal platform to voice what they felt about County and State which kept them from focusing on the issue. He stated that the people were venting old issues that have been ongoing for years and that he would have also fed into the frustration if he were not a Commissioner. He agreed that if it were held in library, there would have been a different element of people. Commissioner Souza noted that the Salt Pond pavilion has deteriorated significantly since the last time she was there and it was dangerous at night. She stated that she regretted that there were some who wanted to share their opinions, but left because they felt intimidated by some of the others. 7 Commissioner Ventura stated that her impression about the situation before the meeting was scheduled was that there was potential contention between different stake holders, but she had an expectation that they would have a better understanding of the Commission's purposes in being there, and it sounds like it was not clear to them. Commissioner Souza stated that they were accused of not communicating the issue with the community, but she noted that members of the public have come to talk to the Commission in the past and have discussed items on the agenda. She stated that she was disappointed in the behavior of some of the people which carried over to others feeling uncomfortable. She stated that they emphasized that there were other ways to provide comments. Commissioner Nakahara questioned the positive comments. Commissioner Souza stated that she would prefer not discussing the specific comments until after the input process is over at the end of October. Chair Figaroa stated that he observed that there was a group of individuals that were not educated on the purpose of the Commission. He stated that the Commissioners were clear on what their purpose was but the attendees received it differently. He said that they thought the park was going to be expanded right away and that the County can't even take care of what they have now. Commissioner Ventura questioned if they were able to display the Powerpoint. Commissioner Souza stated that it was good to have the Powerpoint. She stated that even when they went back to the Powerpoint and focused on the agenda, a few of the attendees continued to do what they did. Commissioner Ventura stated that it was innovative to try to hold the meeting at the site. She questioned if the experience was more indicative of the frustration and the relationships that are in place. Chair Figaroa stated that a large part was the environment. He noted that people are more relaxed at a beach setting. Commissioner Souza stated that with a smaller group it would have been nice, but with a larger crowd where you need to be more procedural, a beach park is not the proper setting. Commissioner Ventura stated that because some of the park users were displaced due to the meeting, perhaps there were some people who were not necessarily there to participate constructively anyway and may have been disgruntled for being displaced. 8 Commissioner Souza stated that it was great that they stayed, but one of them wanted to vent about non Commission related work and he stormed off. Chair Figaroa stated that the silver lining is that he could see where the frustrations were deriving from. He could physically see the problems they were expressing. Commissioner Ventura stated that it could also be symptomatic of the park's experiencing overuse beyond its capacity. Commissioner Souza stated that many examples were given of desecration and disrespect of the salt pans, so the proposal of expansion for the future was not well received. She stated that there are a lot of problems that need to be addressed that are way beyond the responsibility of the Commission and unfortunately their frustrations affected the comments they made about the proposal. She stated that there is a window of opportunity for the property since it is on a month to month lease and it might not be for much longer. She stated that they didn't recognize that the park was no longer a neutral territory but a battle ground, and it has changed significantly and degraded physically. She stated when there is a highly sensitive issue, she can understand the frustration, but this was not the venue for expressing that frustration. She stated that next time she would opt for a more neutral territory and indoor setting. Commissioner Nakahara stated that he did not feel it was a controversial, but the subject changed to become controversial. Commissioner Souza stated that one person spoke regarding the Lawa`i Kai to Port Allen and there were others interested in that topic. She noted that she didn't hear anything controversial regarding that recommendation. Commissioner Ventura questioned if that recommendation was overshadowed. Commissioner Souza stated that it was overshadowed by three people who didn't follow the ground rules, didn't respect the rights of others to express their opinions, and were very discourteous to the Commissioners and the rest of the public. She noted that at on October 13 she and Commissioner Dela Cruz met with Rhoda Libre who prepared some comments and who stated that she would be submitting amended comments since she understands what the proposals were. Commissioner Ventura stated that if the Commission were going to utilize a similar format in the future with regional meetings she questioned if covering two recommendations were too much. Commissioner Souza stated that they provided options to address any of the other properties or proposals. She stated that the agenda and the presentation were okay. She stated that they need to be more aware of the symptoms in the future. She stated that it may have been too late to change the venue, but there needs to be more structure. 9 Commissioner Dela Cruz stated that they needed to be patient to avoid an escalation. Chair Figaroa stated that his observation was that since Representative Morikawa and the Council members were present it created a good cop bad cop scenario. He agreed that it was good that they met with the community later, but he noticed a shift in the environment as soon as that was announced. Commissioner Souza noted that she announced that the Council members were the decision makers and the Commission was advisory to the Council. She stated that she did not take offense to that. Chair Figaroa clarified that he didn't take offense either, but he felt it changed the dynamics and the dynamics of the situation. Commissioner Souza stated that she was aware that they would be in attendance. She stated that it is good that the Commission has an excellent relationship with the Council. She stated that because the recommendations were from last year, the Council had some back ground. She felt it was helpful that they were willing to stay and talk to the community. Commissioner Ventura stated that although it was a difficult position to be in, perhaps that was the light that needed to be shown on those issues with the Council representatives present. Commissioner Souza stated that it could have been worse if done differently. She referenced the letter submitted by Dr. Kawane and expressed appreciation for his comments. Regarding the Po'ipu community meeting, Commissioner Kinnaman stated that she and Chair Figaroa attended and they had approximately 7 or 8 community members present. She stated that they had the group introduce themselves and announced that they were there for the 3 sites. She stated that the Nukumoi site was the big issue. She noted that one of the attendees questioned how the County could take away property rights and suggested alternative properties. She stated that he also argued the zoning for that property. She stated that Mr. Rowe spoke with the land owner who later questioned where he could testify against his property being proposed for the suggested use. Chair Figaroa noted that the land owner had a different perception of the County and was under the impression that they were trying to take away the property rather than acquire it through a purchase agreement. He stated that the other attendees educated the land owner that the entire island is historical and that someone else owned the land before him. He noted that they didn't do the Powerpoint because of strong winds. Commissioner Kinnaman stated that they used the handouts and the poster boards. 10 Chair Figaroa noted that the meeting was brief. He noted that many of the attendees were already educated on the issues. Commissioner Nakahara noted that the setting was the same as Salt Pond but the populous that attended made the difference in the presentation. Chair Figaroa noted that there were others there who were not present for the meeting who were disruptive and he needed to inform them that they could either stay for the meeting or leave and they left. Commissioner Ventura clarified that there was lack of separation between beach/recreational use and meeting time because there are no walls. Chair Figaroa noted that there was also an aroma of herbal substances. Commissioner Nakahara stated that if the Commission uses the same format in the future, he suggested the neighborhood centers or libraries. Regarding the Piwai community meeting, Commissioner Ventura stated that she and Commissioner Childs were in attendance. She stated that there were 81 attendees from the public that were all off roaders in support of the idea of the site being a 2011 recommendation. She stated that they began with the Powerpoint and her impression was that even though it was a cohesive group and well informed they were not very clear on the purpose of the meeting and not very clear on the Commission's roll in the process. She stated that it seemed to her that their expectation was that if they convince the Commission that this is the best property to put forward as a recommendation and then it will happen. She stated that she used Black Pot as an example that had a champion that went out and acquired additional funding, appeared before the Council several times, and brought solutions to the policy makers. She stated that by the end of the meeting they really understood that if they supported the idea of the Omao property being put forth as a possible acquisition it was going to have to be a long term process and there would need to be a community champion that was organizing, planning, and solution finding. She stated that after the Powerpoint, she asked Mr. Almeida to speak regarding the club's use of the parcels and their relationships with the land owners. She stated that a couple of people voiced their support for the site being a priority recommendation for this year for the purposes of recreation and others also supported a broader vision with multiple uses. She stated that there was a consensus in support of the broader idea. She stated that they ended the meeting by asking for people to volunteer to be on a steering team. She stated that she received feedback from community members that said this was the first time they saw people really understanding what needs to happen. Commissioner Dela Cruz noted that having a Powerpoint presentation helped to capture people's attention. 11 Commissioner Souza noted that when there is a diverse group, it's good to have the rules written up and a graphic on the process. She stated that she thought there was going to be handouts with the agenda and rules for each person to have, but noted that the decision was made by the Planning Director not to have handouts so the rules were not posted. She noted that it was good to have all of the staff present but that note taking can be improved. She felt that it would be a good investment if staff attends the facilitation program offered by U.H. in the Agriculture department by Donna Ching. She stated that they talk about how to facilitate, the different roles of the people to make it happen, and how to take good notes. She stated that it is an area that everyone should be exposed to, especially the staff. Commissioner Ventura stated that she has been to the training and she highly recommends it. She noted that any of Donna Ching's training is helpful in facilitating meetings and taking notes in a way that is also meaningful for the meeting participants. Chair Figaroa suggested that a movie of the presentation may also be helpful. He stated that it could be more entertaining and people might listen more. Commissioner Souza stated that she had a script, but she liked the option of doing the presentation or the handout based on the vibe of the group. She stated that a movie could be one possibility, but the slides could be available as a handout too. Chair Figaroa stated that if anyone has a suggestion about what was seen in the movie, that's where slides could be helpful, but there wouldn't be an opportunity to interrupt a movie and the thought process can be voiced after the presentation. Commissioner Souza stated that they also can't control the lighting in an outdoor setting and that the wind was another contention. Commissioner Ventura questioned if there was an opportunity to ask for participants support and acceptance of the rules. She noted that sometimes when you have an opportunity to ask if the rules sound okay to everyone, they sometimes will add their own or ask for clarification. Then they can be asked if the rules are something everyone can work with. She noted that it sometimes helps the meeting participants to keep each other accountable and they can help to facilitate. Commissioner Souza stated that is a good suggestion but it wasn't written anywhere. Commissioner Dela Cruz noted that attendees also didn't sign the sign in sheet. Commissioner Ventura stated that it might not have felt safe for people to speak because they may not want to be singled out for whatever their opinion was. Commissioner Dela Cruz stated that she was familiar with half of the attendees but the way they were talking and the feedback they were providing was very upsetting. She stated that they were very frustrated regarding the whole area. 12 Review and discussion on the Rules of Practice and Procedure of the County of Kaua'i, Public Access, Open Space & Natural Resources Preservation Fund Commission and policy on communications. Commissioner Ventura stated that this agenda item was listed on a previous agenda and was deferred for Commissioner Souza's contribution. Commissioner Souza stated that when the Commission was first formed, they came up with rules on how to conduct business. She noted that six years have passed and it might be timely to review the rules. She stated that the trigger was the protocol on disseminating information to the Commissioners, but there would be other areas to look at. She suggested deferring the item until Ms. Sadora and Deputy County Attorney Jung are present. She suggested reviewing the rules from other Commissions that may be more recent that could be a good template to follow. Chair Figaroa questioned if the information was inter-office or in reference to the way Commission meetings are conducted. Commissioner Souza stated that it could be all areas. She questioned the protocol for sharing information with Commissioners and whether it goes through screening first. She noted that Commissioners are not allowed to communicate serially, so the question is how information that is brought to a Commissioner's attention can be communicated legally. She noted that she will not be able to attend the meeting of November 10, so she requested deferral until a future meeting. MOTION: It was moved by Jean Souza and seconded by Maurice Nakahara to defer the agenda item until November 17. All were in favor by unanimous roll call vote — motion passed. Update and discussion on the status of public accesses. MOTION: It was moved by Johanna Ventura and seconded by Maurice Nakahara to defer this agenda item until November 10. All were in favor by unanimous roll call vote — motion passed. 13 NEW BUSINESS Discussion on nomination and selection process for Commission-appointed, at- large member of the Public Access, Open Space, and Natural Resources Preservation Fund commission and scoping of project and appointment of members to the investigative committee. Staff reported that the Mayoral appointed, Kapa`a-Wailua position may be filled by the next meeting pending receipt of the applicant's paperwork and swearing in. Commissioner Ventura stated that the ninth seat is filled by the Commission, but current Ordinance only allows the election of the ninth member when all eight seats are filled. She noted that the Commission has struggled for the last two years because they have not had eight seats filled. She referenced a copy of the minutes from the October 22, 2009 meeting and the previous process that had been outlined for the recruitment of the ninth member. She stated that according to the minutes, the Chair appointed an investigative team of Commissioners Ventura, Kinnaman and former Commissioner Punzal to implement the process and the Commission adopted the previous process. She suggested discussing the makeup of the investigative team. She stated that the committee would implement the process which involves recruiting, interviewing, and putting forth recommendations for which applicants they believe will best fulfill the Commission's needs in terms of expertise or personal interest, then come back to the Commission to make a report with the item on the agenda, and then the Commission has to wait until the following Commission meeting to take action. She noted that the opportunity would need to be advertised and a period allowed for submitting the application. She suggested reaffirming who would comprise the team and the scope. Commissioner Kinnaman stated that the first Commission appointed position was initially screened by the staff and then forwarded to the committee. Commissioner Ventura stated that the last process was used for former Commissioner Caires and involved staff taking care of the publicizing and solicitation and the investigative team would reviewed, verified and evaluated the applications and reported back to the Commission with its investigation and then staff would sent out notices to all applicants. Chair Figaroa clarified that the investigative team is still technically the investigative team and that the Commission would be reaffirming the team and scope. He questioned if Commissioners Ventura and Kinnaman would be interested in being reaffirmed. Commissioners Ventura and Kinnaman agreed to be reaffirmed. Chair Figaroa opened the floor for any interested Commissioners. There were no responses from the remaining Commissioners. 14 Chair Figaroa appointed himself to the investigative team. Commissioner Ventura noted that the standing motion regarding the scope of the committee is two years old. Commissioner Nakahara questioned if all applicants are interviewed or if the applicants are culled. He stated that he was appointed by the Council and did not feel like he wanted to be on a committee to elect a Commissioner. Commissioner Souza stated that the Planning Department could go through the process for the Commission, but the Commission has had success with this process because they are dealing with resumes and confidentiality issues, and it allows them to work beyond the Commission meetings so that the Commission time is not taken up at meetings. Commissioner Ventura noted that although staff can handle the recruiting and the vetting, the Commission would be selecting the Commissioner. She noted that Commissioners could abstain from the vote if they chose to. MOTION: It was moved by Commissioner Souza and seconded by Linda Dela Cruz to reaffirm the investigative team to come up with a recommendation for the ninth Commissioner. All were in favor by unanimous roll call vote — motion passed. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa noted that the next meeting would be on November 10. He noted that addressing options for leasing property versus acquisition should be a topic on the next agenda and whether the fund can be used for infrastructure to protect historical resources. Commissioner Ventura suggested carrying forward all of the items from the current agenda except the item that the Commission decided to defer until the November 17 meeting. She suggested changing the language in item VII B to update from the investigative team regarding the selection process and moving it to unfinished business and removing the scoping and appointment of members section. Chair Figaroa noted that the item is still a discussion on nomination, but he would have the last part removed. He noted that the November 10 meeting will be in the Pi'ikoi meeting room B. Staff noted that because agendas are normally posted six days prior to the meeting and that November 11 is a holiday, the agenda for the November 17 meeting should also be determined. 15 Chair Figaroa stated that he would be fine with the same agenda for both meetings. He stated that if an agenda item is already discussed, the Commission can breeze through it in the following meeting. Commissioner Souza recommended amending item VI F to "Discussion on the 2011 public input". The Commission agreed. ADJOURNMENT MOTION: It was moved by Johanna Ventura and seconded by Maurice Nakahara to adjourn the meeting. All were in favor by unanimous roll call vote — motion passed. Respectfully submitted by: /F � ✓} t Duke Nakamatsu, Support Clerk 16