2024-07-08 Minutes APPROVED - Laserfiche WebLink

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DCC Mellon-Lacey went over the basic steps of the acquisition process of conservation easements. Cmr. Chang asked what happens when the Owner of the parcel on which the County holds a conservation easement passes away and there is no clear inheritor. DCC Mellon-Lacey explained that the conservation easement stays with the land, so it would not affect the easement. Cmr. Lee asked what the County would do if a landowner did not follow the plans for the conservation easement. DCC responded that the County would need to file an injunction with the Court, and unless the agreement between the owner and the County specified a fine structure, it would be the Environmental Court that would determine the penalty, as explained in HRS 198.5. Cmr. Plunkett expressed his concerns regarding the enforcement of conservation easements; in his experience, the government finds it difficult to enforce them. He stated that placing enforcement stipulations into the deed is important during the easement negotiations. Chr. Kelepolo moved on to the next agenda item. VI. OLD BUSINESS: 1. Discussion regarding Permitted Interaction Groups(PInG)site visit reports: Chr. Kelepolo began by reminding everyone that she is the Vice President of Moku O Keawe Land Conservancy and will be recusing herself from the discussions surrounding 24-02 and 24-06,which will be read together so that she only needs to leave the room once. a) Sugg.24-01, Honalo Ahupua'a, N. Kona, Hawai'i. TMK(3) 7-9-005:008,009,039,&040 LORI MASON CURRY, representing the property owner, began her testimony by thanking the commission for their time and diligence in reviewing their submission, conducting site tours, and preparing reports about the property. She continued by stating that she was there to reiterate the owner's steadfast commitment to seeing the process through and working to preserve the property in perpetuity for conservation and preservation purposes and that the PONC program will allow them to meet those objectives while also meeting the fiduciary responsibilities they have to the trustee of the estate that owns the property. Chr. Kelepolo opened the floor to commissioners for discussion. Cmr. Lee shared his site visit experience and said that it is a really special place. There being no further discussion, Chr. Kelepolo moved on to the next agenda item, skipping 24-02, and opening testimony for 24-03. c) Sugg.24-03, Kaloko Residential Park, N. Kona, Hawai'i.TMK(3) 7-3-009:028(por) There being no testifiers and no discussion, Chr. Kelepolo moved on to the next suggestion. d) Sugg.24-04, Kapalaoa, N. Kona, Hawaii. TMK(3) 7-1-003:004,005,006,&011 There being no testifiers and no discussion, Chr. Kelepolo moved on to the next suggestion. Minutes of July 8, 2024 Page 2