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HomeMy WebLinkAbout2019-03-11 Public Access, Open Space, and Natural Resources Preservation Commission Minutes-Approved PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) MINUTES-REGULAR SESSION West Hawai‘i Civic Center, Building G Conference Room 74-5044 Ane Keohokalole Highway Kailua-Kona, Hawai‘i 96740 March 11, 2019 I. CALL TO ORDER: The regular meeting of the Public Access, Open Space, and Natural Re- sources Preservation Commission was called to order at 10:05 a.m. at the West Hawai‘i Civic Center, Bldg. G, 74-5044 Ane Keohokalole Hwy by CHR. TOMICH Present: Mr. Kekaulike Tomich, CHAIR (CHR.) Dr. Wayne Frank, V. CHAIR Ms. E. Koohan Paik Mander, Member Ms. Shellie Bee Allen Naungayan, Member Ms. Susan Wells Fischer, Member Absent: Mr. Kai’ena Bishaw II, Member Mr. Rick Warshauer, Member District (5) & (7), Vacant Support Staff: Ms. Maxine Cutler, Commission Secretary Ms. Amy Self, Deputy Corporation Counsel Mr. Hamana Ventura, Property Manager, Department of Finance II. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: CHR. TOMICH: announces the recent passing of Commissioner Nazara, Dis- trict 7 and directed all those present for a moment of silence and prayer. CHR. TOMICH: directed the commission to the next order of business, state- ments from the public on agenda items and invites the first testifier to the microphone: Toni Withington testifies in support of Comm(s). 19-012 to 020, expresses her condolences and sympathy for Commissioner Nazara, and presents the “Preserving Coastal Lands, Success…” Newsletter to the commission, explaining the progress of the four non-profits efforts in preserving these parcels in open space due to its historical significance. She presents the Stewardship Access brochure summarizing the accomplishments of the maintenance efforts of the open space purchases. Megan Lamson, President of Hawaii Wildlife Fund, testifies in support of Comm. 06-013 and summarizes the submitted, Hawaii Wildlife Stewardship Grant Report of 2017 & 2018. She mentions that constant grant amend- ments with P&R have delayed their project over the course of 18 months. Hawai’i County is an Equal Opportunity Provider and Employer. Page 1 of 6 She invites the PONC Commission to visit what the 276 volunteers have done by removing over 1300 lbs. of sea trash and removal of over 2000 lbs. of invasive species of plants. She continues to highlight aspects of her report and the achievements of their non-profit in restoration pro- jects. She also supports Comm. 19-027, Manaka’a Fishing Village in Kau. She is well versed in its importance. Debbie Hecht, a campaign leader, and organizer; testifies in support of Comm. 19-007, 008, 009, and 011 to save the 2% Preservation Fund and the .25% Maintenance Fund. She gives a brief summary of her involve- ment with its induction. She invites the commission and public to show support for the funds by working with the Charter Commission to keep the funds as is, create an additional full-time position within Finance, and give public testimonies at the Charter Commission’s island-wide public meetings. Barry Stone, a public safety officer, testifies in support of Comm. 19-024 He gives a brief testimony of the current traffic conditions in the area and how the development project would cause safety concerns. He is in support of PONC acquisition of these parcels in open space which would create a buffer zone. Clifton Walters, Pualani Estates resident, testifies in support of Comm. 19- 024. He lives in the subdivision below and is very concern of the flooding and drainage issue if the property is developed and the magnitude of the “gushing stream” flowing past his property down towards the ocean. He says leaving it in open space would be a good thing. Let’s not de- velop it. Joel Gimpel, President of Pualani Estates Association and retired lawyer testifies in support of Comm. 19-024. He gives a brief statement regarding the present concerns addressed by the Planning Department to the de- velopers and appraisal value of the land in its present state. He is in sup- port of the open space acquisition as it would help with traffic and safety concerns. Mark Powell, submitter and nearby resident, testifies in support of Comm. 19-024. He summarizes highlights of the archeological survey of May 2018: old farming villages built in like “terrace-like” set up; burial sites in the old lava tubes(located in the north part of the property); two watersheds; and endangered species: the Hoary Bats, the Pueo (Hawaiian Owl), the ‘Io (Hawaiian Hawk), and the Giant Moths. Major concerns are that there are multiple active nesting areas for the bats. He is in support of preserv- ing this land, especially the upper northern parcel (17). Janet Britt, submitter and member of the Friends for Amy Greenwell, testi- fies in support of Comm. 19-021, gives a brief introduction, and her sym- pathy for the Commissioner Nazara. She briefs the commission of the re- cent developments regarding funding. They were successful and re- ceived a Legacy Land Grant of $750,000, a Community Forest Grant of $550,000, an Atherton Family Foundation Grant of 100,000, and have ap- plied for a Cooke Grant. They have ordered an appraisal that confirms the purchase of this acquisitions and they are short with funding if, the appraisal is more than $1,400, 000. They submitted their application in Hawai’i County is an Equal Opportunity Provider and Employer. Page 2 of 6 hopes that if the appraisal is higher, the Preservation Fund would cover the rest of this Conservation Easement. Jeannette Young, RE agent, testifies in support of Comm. 19-028, says she represents the owners, and they are willing sellers. The property is cur- rently on the market and gives the commission the real estate brochures. This property is part of the Kapanaia Corridor, as mentioned by testifier, Ms. Withington. Renee Inaba, member of Pualani Estates, testifies in support of Comm. 19- 024, expresses her condolences and sympathy to the Nazara Family, and reports that the owners of this property paid $600,000. She summarizes the developed surrounding neighborhoods with its peoples and the signif- icance of maintaining the natural flow of the water draining from Mauka to Makai. She testifies of the cultural and historical significance of burial sites. There are endangered species that will be forced to relocate: the Hoary Bats, the Owls, the Hawaiian Hawk. She tells the story of the Waiko- loa Sandalwood Forest and how greed caused its extinction. Marta Barreras, Consultant in Design and Development for high-end pro- jects, testifies in support of Comm. 19-024. She professionally witnesses how nature can wreak havoc on over-developed land. She strongly testi- fies that leaving these parcels in “Open Space” will allow the natural flow of the water as it was intended, and to preserve what is left of our cul- ture. She pleads with the commission to allow the space between Kona Vista’s and Pualani Estates in open space to allow the land to breathe. She would like to see stewardship efforts to bring back the ingenious plants and make it a model for all to come to enjoy. III. WRITTEN COMMUNICATIONS: Motion to accept and file (Accepted and Filed) CHR. TOMICH being no further testimonies, closed statements from the pub- lic and directed the commission to proceed to the next order of business, written communications: motion to accept and file 19-007 to 19-029. The Comm. 19-030 to 19-032 were received after the posting of the agenda and will be done next. Motion: MS. WELLS FISCHER motioned to accept and file Comm. 19-007 to 19-029, seconded by DR. FRANK, being no discussions, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. Motion: MS. WELLS FISCHER motioned to accept and file Comm. 19-030 to 19-032, seconded by DR. FRANK, being no discussions, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. IV. APPROVAL OF January 14, 2019 MINUTES: Motion to Approve (Approved) CHR. TOMICH: moves to the next item on the agenda and calls on the com- mission for approval of the minutes. Hawai’i County is an Equal Opportunity Provider and Employer. Page 3 of 6 Motion: MS. WELLS FISCHER motioned to approve with corrections, se- conded by MS. PAIK MANDER, being no further discussions, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. V. DEPARTMENT OF FINANCE REPORT: CHR. TOMICH: moves to the next item on the agenda, Department of Fi- nance Report and invites Mr. Ventura to the microphone. MR. VENTURA expresses our condolences regarding Commissioner Nazara and the legacy she left behind. Mr. Ventura updates commission with the Conservation Easement of Waikapuna. There is a delay of closing due to the Legacy Land Board action of reducing the land acreage of approx. 20 acres. That grant is still pending the Governor’s approval. VI. OFFICE OF THE CORPORATION COUNSEL REPORT: Being no further questions to Mr. Ventura, CHR. TOMICH: moves to the next item on the agenda, Corporation Counsel Report, and invites Ms. Self to the microphone. MS. SELF has nothing to report from Corporation Counsel. She does ex- press her condolences regarding Commissioner Nazara and recaps the contributions and values that Ms. Nazara gave to the success of this commission. MS. SELF expresses her gratitude and appreciation for work- ing throughout the years with this commission and ends with the an- nouncement of her retirement. The PONC Commissioner’s presents to MS. SELF the traditional Lei’s and gift. VII. CHR.PERSON’SREPORT: Being no further questions from the commission to MS. SELF, CHR. TOMICH moves to the next item on the agenda, CHR. TOMICH Report. CHR. TOMICH has nothing to report. VIII. UNFINISHED BUSINESS: Being no further questions to CHR. TOMICH, he moves to the next item Unfin- ished Business and notes there is no unfinished business. IX. NEW BUSINESS: CHR. TOMICH moves to the next item New Business starting with Item No. 1. Commission to review 2019 Suggestion Forms (Comm. 19-003, 004, 013-027) A discussion was held regarding Comm. 19-024. MS. PAIK MANDER ex- plains to those present the criteria and scoring process of the PONC Commission. How vital it is to amend the suggestion with support letters from the community regarding stewarding the property, funding efforts, and management. She emphasizes the importance of scoring high on the list. She mentions it’s a good idea to see how others submitted applica- tions and what type of documentation is needed. CHR. TOMICH moves to take out of order Item No. 3. Filing format Change and invites MS. CUTLER to the microphone. Hawai’i County is an Equal Opportunity Provider and Employer. Page 4 of 6 MS. CUTLER explains the need to improve the labeling of the communica- tions, suggestion forms, and stewardship grant applications. She sug- gested to the commission to use acronyms that would identify the differ- ent types and motion is needed. MOTION: MS. PAIK MANDER moves to use the acronyms “SUGG” for Sug- gestions forms to begin in 2020, “STU” for Stewardship Grants Application to begin in 2019, seconded by MS. WELLS FISCHER. Being no further dis- cussion, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. CHR. TOMICH moves to take out of order Item No. 4. Charter Commission Up- dates and invites Debbie Hecht to the microphone. A lengthy discussion was held with Ms. Hecht on both the Preservation and Maintenance Fund. She emphasizes the need to have a full-time po- sition in the Finance only dedicated to both funds and educating the public to help with the stewarding the program, find matching funds, and acquisition of the 2% Fund. She defines that this position is an addi- tion to the staff person already in the Charter. She updates the actions of the Charter Commission and their actions that could be devastating to the Funds. A lengthy discussion was held with Ms. Withington regarding the delayed process of the stewardship grant applications with Parks & Recreations taking over 18 months. She stresses that the time delays had pushed back the projects and collaboration efforts with scheduling maintenance and educational programs with various schools, community involvements, and other non-profits. She is all for improving the maintenance program and bringing the position to the Finance Department. CHR. TOMICH being no further discussions, moves to a lunch break. CHR. TOMICH reconvenes the meeting at 1:00 p.m. and moves to the last item on the agenda, Item No. 2. Form Ad Hoc Site Visit Committee(s). A lengthy discussion ensued regarding missing information like: “Willing Seller Letter,” access to the property, concerns raised by today’s public testimony, and how to assist those in amending their suggestions that would help the suggestion make the prioritized list. Being no further discussion, CHR. TOMICH calls for a motion to form the Ad Hoc Site Visit Committee. MOTION: MS. PAIK MANDER moves to form Ad Hoc Site Visit Committee, seconded by MS. WELLS FISCHER. A discussion was held, and members se- lected for the committee as follows: MS. PAIK MANDER, DR. FRANK, MR. WARSHAUER(if he agrees, MS. CUTLER to check), and MS. WELLS FISCHER; with alternates: CHR. TOMICH and MS. NAUNGAYAN. Being no further discussion, CHR. TOMICH calls for a verbal vote, all mem- bers present voted aye, motion carried. CHR. TOMICH calls for a motion to the selection of sites to visit for the Ad Hoc Committee. MOTION: DR. FRANK moves to select Comm. 19-004, 022 to 027, seconded by MS. WELLS FISCHER. A discussion ensued regarding 19-004 and 024, has Hawai’i County is an Equal Opportunity Provider and Employer. Page 5 of 6 no “Willing Sellers Letter” and it constitutes only a drive by. For Comm. 19-022 and 023, DR. FRANK will visit these two sites in Puna, leaving Comm. 19-025 to 027, to be notified by email. Being no further discussion, CHR. TOMICH calls for a verbal vote, all mem- bers present voted aye, motion carried. X. ANNOUNCEMENTS: CHR. TOMICH announces: 1. The next meeting scheduled for Monday, May 13, 2019, at the Hilo County Building, Council Chambers 25 Aupuni Street, Suite #1401, Hilo, Hawai’i 96720. 2. Set agenda items for Monday, May 13, 2019 meeting:  Ad Hoc Site Visit Reports  Review and discuss Comm. 19-003, 004, 013-027 Suggestion Sub- missions.  Charter Commission Updates XI. ADJOURNMENT: There being no further business at approx. 1:47 p.m., CHR. TOMICH ad- journs the meeting. Drafted minutes Respectfully submitted by: M ax ine C ut ler Commission Secretary Posted: 15, April 2019-Draft Posted: 10, June 2019-Approved Hawai’i County is an Equal Opportunity Provider and Employer. Page 6 of 6