Hawaii County committee closes file on proposal to form ad hoc to review PONC process

The Committee on Government Operations and External Affairs voted to close file on Communication 304, a request from Council member Michelle Galimba to form an ad hoc review of the Public Access, Open Space and Natural Resources Preservation Commission (PONC) process. The committee approved the motion with nine ayes; one member was recorded as excused.

Galimba introduced the communication, saying she sought to “explore” ways the PONC acquisition and prioritization process might work better and to meet with stakeholders including current and former PONC members, land stewards and property owners. She told the committee she did not intend for the council to take over property ranking: “I’m not planning to advocate that we become involved in the ranking,” she said, adding that the goal is to consider improvements to the process that would keep decision making with the PONC commission.

The request drew questions about scope and authority. Council member Onishi warned against council involvement in property selection, noting the original design of the PONC process limited council intervention so selections would remain unbiased. Several members asked that the ad hoc’s scope be clearer if it is refiled; Council member Kerkowitz and others said the written communication should specify the committee’s charge and expected outcomes so the public knows what will be discussed and so the group can comply with open-meeting rules.

Testimony from two remote participants underscored operational concerns. Debbie Hecht, who said she helped craft PONC-related legislation since 2006, urged the county to strengthen staffing and public access to hearings. Hecht said the 2% land fund has acquired about 26 properties over two decades and that as of April 30 there was $29,731,000 in the acquisition fund and $3,000,000 in the maintenance fund; she also said the maintenance fund has a $3,000,000 cap and that the commission lacks dedicated staff to process nominations. Deborah Ward, speaking on her own behalf, said earlier staff who supported the PONC process have retired or moved on and recommended adding staff and remote (Zoom) testimony options to increase public participation.

Administrative staff described current limits. Diane Nakagawa of the Finance Department said the department is “painfully aware of the staffing shortage” in property management, that positions to support PONC have been advertised with few candidates, and that the county has reallocated a position with higher responsibilities to provide more program support. Deputy Corporation Counsel Jean Campbell said an ad hoc that helps the public and council understand how the PONC process works could be useful, but emphasized the commission cannot resolve issues outside its authority (for example, staffing). County Clerk John Henry explained that when an ad hoc (or permitted interaction group) is formed, the body should establish a scope at formation: a narrowly worded scope imposes tighter boundaries but a broader scope gives more leeway, and an ad hoc must not exceed its stated purpose.

After discussion about wording and scope, Galimba said she would withdraw the communication and bring back a revised version that balances specificity and breadth; another council member suggested the committee simply vote to close the current file and allow Galimba to refile a clearer communication. The motion to close file on Communication 304 was moved by Council member Galimba and seconded by Council member Kimball and passed with nine ayes; the clerk recorded Council member Connie Lee Kleinfeldter as excused.

The committee concluded its meeting shortly after the vote; Galimba said she will return with a revised communication that clarifies the ad hoc’s scope and intended outcomes.