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HomeMy WebLinkAbout2019-07-08 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 July 8, 2019 I. CALL TO ORDER: The regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission was called to order at 10:05 a.m. at the West Hawai‘i Civic Center, Building G Conference Room, 74- 5044 Ane Keohokalole Highway, Kailua-Kona by CHR. TOMICH Present Mr. Kekaulike Tomich CHAIR (CHR.) Dr. Wayne Frank, V. CHAIR Ms. Shellie Bee Allen Naungayan, Member Mr. Rick Warshauer, Member Ms. Susan Wells Fischer, Member Absent Ms. E. Koohan Paik Mander, Member Mr. Kai’ena Bishaw II, Member Mr. Ronald Kim, Deputy Corporation Counsel Vacant District 5 & 7 Support Ms. Maxine Cutler, Commission Secretary Staff Mr. Hamana Ventura, Property Manager, Department of Finance II. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: CHR. TOMICH: directed the commission to the next order of business, statements from the public on agenda items with the three-minute time limit and invites the first testifier to the microphone: Toni Withington represents Kamakani ‘O Kohala Ohana, Malama Nā Wahi Pana ‘O Kohala, Maika’i Kamakani ‘O Kohala, Malama Kohala Kahakai, and Kohala Lihikai. She updates the commission regarding two projects: Kapanaia, awaiting state funding, and the two remain- ing parcels in the Hapu’u to Kapanaia Cultural Corridor, along with Halelua, all three of which parcels have County Council resolutions to purchase. These properties will complete preservation of four miles of the northern Kohala coastline, which is the homeland of King Kamehameha the Great. Janet Britt represents the Friends of Amy Greenwell, testifies in support of Comm. 19-021, Amy Greenwell Ethnobotanical Gardens, and ex- PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 1 of 7 presses her gratitude to the commission and county staff for their ef- forts, ranking, and supporting Amy Greenwell acquisition soon to close. John M. Powell submitter of Comm. 19-024, Kona Village Rezone 470 (KVR 470), does a presentation with a map and a nine-page handout (both on file) regarding the cultural (artifacts, Heiau, etc.), farming (food terraces), historical (double walls), and wildlife (recent sight- ings of two owls) significance of the potential developed site. He en- courages the commission to consider these facts when scoring. Joel Gimpel, President of the Pualani Estates Homeowners Associa- tion, testifies in support of Comm. 19-024 KVR 470. He gives reasons for future acquisition that meets all five criteria for open space, preservation and protection of natural resources preservation (water- sheds, agricultural terraces, and historical sites, while providing edu- cational opportunities). The acquisition will also improve public ac- cess in the area. He testifies that the association voted unanimously to accept long-term support of open space and preservation and adopted the concept. They have a Pualani Historical Society that presently takes care of the Keau Kukui’ula Heiau. He says that the present owners’ intent is not to sell. Pat Van Every lives in Pualani Estates and testifies in support of Comm. 19-024 KVR470 and she saw the Pueo (Owls) and the Hoary Bats flying living in the area. She is concern about what will happen to their habitat. If the property was developed, she is concern about the diversion of water and the existence of the watersheds. Diane Blancett-Maddoch, an adjacent owner, testifies in support of Comm. 19-024 KVR 470, read her testimony (not on file) and pre- sented a plat map of the properties. Her testimony focuses on the im- minent dangers of development, loss of historical values, and wildlife habitat. She gives an example of what happens when the city, county, and state get together to preserve open space parks serve as a haven to all. She emphasized that Hawaii Island can preserve open spaces for the present, future, and into the next century. David Blancett-Maddoch, husband of Diane and adjacent owner, tes- tifies in support of Comm. 19-024, KVR 470. He expresses his concerns about the progress of developmental issues, selling price, and an un- willing seller. He testifies in support of preserving open space and the importance to the community. Dr. Kate Kealani Winter, Professor of Emeritus at the University of Al- bany now works with the University of Hawaii and the Kona Historical Society. As co-chair for the Heiau Keau Kukui Ula Committee of Pualani Estates. She testifies in support of Comm. 19-024 KVR 470. She read her two-page testimony with an attached map (on file) that PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 2 of 7 shows concerning the proposed development of archeological sites that would be lost. These sites include artifacts, berms, caves, pre-his- toric and historical residues, and terraces. Likeke Bumanglag, an island native and co-chair of the Keau Kukui Ula Heiau Committee, emotionally testifies in support of Comm. 19- 024, KVR 470. He reads his two-page testimony (on file) focusing on the “Preservation of Historic or Culturally Important land areas and sites.” He refers to the importance of protecting and preserving “Kona’s identity (historically, socially, and economically)” for future generations and desires that this ahupua’a been kept in its pristine conditions and protect the artifacts. With community-based organiza- tions, they can work together in maintaining these lands and keep it from being eliminated and the risk of losing important details of Ha- wai’i’s cultural history forever. Renee Inaba testifies in support of Comm. 19-024, KVR 470. She refers to the map that was presented by John Powell pointing out important features of the property like a Canoe Heiau, two-wall structures, an- cient trails, ancient slides, terraces, villages, burials, and the field sys- tems. She stresses the importance of preserving the last of Kona’s his- tory. Caleb Nazara, an island native, testifies in support of Comm. 19-024, KVR 470. He speaks in Hawaiian and then translates it into English. He shows his Aloha’s and Mahalo for serving along with his beloved wife, Cynthia. He testifies the following concerns to ensure: 1) protection, preservation, and maintenance of culturally historic sites from flora, fauna, and animals, 2) protection of native practices and use remain accessible for education, and longevity of stewardship efforts, 3) a well proactive plan that the watersheds, water flows, ground move- ment, and wastewater treatment benefits all people of this land. These are his concerns. Tawn Speetjes testifies in support of Comm. 19-025, Haloa ‘Ᾱ ina San- dalwood Reforestation project consisting of approx. 2,870 acres that have been used for ranching for the last 150 yrs. He gives a historical account of the projects 10 yr. growth to over 90,000 plants and the value of reforesting the Sandalwood for education, environmental, and preserve. The project has grown where partnering efforts are needed to help move into the next phase of harvesting. Justin B. Lee, son of landowner and manager, testifies in support of Comm. 19-025, Haloa ‘Ᾱ ina and the ongoing efforts in the reforesta- tion of Sandalwood needing host trees to grow with such as the Koa, Māmane, and Naio. The success of the forest depends on the success of its host and forest. He explains that they harvest only the selective dead, disease-infected trees, and trees exposed to the elements be- cause of animals rubbing against it, By this selective process, it allows PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 3 of 7 regeneration of the Sandalwood roots. Surrounded by Kamehameha Schools and conservation easements, there will be approx. 50,000 acres of native Hawaiian forest in preservation forever. Wade C. Lee, the landowner testifies in support of Comm. 19-025, Haloa ‘Ᾱ ina, gives a brief background of his family ties to the prop- erty, his education (Biology), work experience (Faculty member of the Colorado Fish and Wildlife Division and Honokaa; Honokaa DOE Adm., and Consultant for U.S. Dept. of Fish and Wildlife), and family ties to the community. He gives an excerpt of how the land was managed and used for the past 150 yrs. before they were able to buy back their Kuleana land. He testifies that Ho’okano Ranch below is gone and is now known as Ho’okano Highlands. With the growing eco- nomic pressure, he assures the commission that these lands will never be subdivided or developed with a conservation easement. It is this “belief that if you take care of the ‘Aina, the ‘Aina will take care of your Ohana.” Shane Nelson, a cultural practitioner, testifies and asks the commis- sion that they make the proper decisions regarding the request made in Comm. 19-040, Letter from Zendo Kern. He reminds the iteration of the government process and considers the importance of cultural practices and the government’s obligation. He stresses the need for a more thorough archeological survey on the Comm. 1-024, KVR 470 and points out the Supreme Court supports cultural practices. Renee Inaba testifies in support of Comm. 19-025, Haloa ‘Ᾱ ina and gives a personal account on how the Great Sandalwood forest in Waikōloa was lost to greed. She expresses her admiration to the ef- forts of the Lee Family trying to bring back to the ‘‘Ᾱ ina, that which was lost to fires, greed, and ranching. III. WRITTEN COMMUNICATIONS: Motion to accept and file (Accepted and Filed) CHR. TOMICH being no further testimonies, closed statements from the public and directed the commission to proceed to the next order of business, written communications: motion to accept and file Comm. 19-040 thru Comm. 19-044 Motion: MS. WELLS FISCHER moved to accept and file Comm. 19-040 to 044, seconded by DR. FRANK, being no discussions, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion car- ried. IV. APPROVAL OF March 11, 2019 MINUTES: Motion to Approve (Approved) CHR. TOMICH: moves to the next item on the agenda and calls on the commission for approval of the minutes. PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 4 of 7 Motion: MS. WELLS FISCHER motioned to approve with corrections, se- conded by DR. FRANK, a short discussion was held, 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 Finance Report and invites MR. VENTURA to the microphone. MR. VENTURA reports the Conservation Easements for Waikapuna de- layed and final due process is underway with Ala Kahakai Trail Associ- ation. He announces that the Friends for Amy Greenwell got a favora- ble reading from the County council regarding the conservation easement for the acquisition resolution and a contract was presented to them. 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 was given by MR. VENTURA in MR. KIM’S absence. The report addresses if a member of the public can serve on the PONC’s Ad Hoc Site Visit Committee. Simple answer, “No”. VII. CHR.PERSON’SREPORT: Being no further questions from the commission to MR. VENTURA, 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 Unfinished Business, Item 1: 1. Review and discuss the 2019 Suggestion Forms received. MR. WARSHAUER discusses Comm. 19-022 and 023 and his observa- tion and research on these suggestions and encourages the com- mission to score these high. Being no further discussion CHR. TOMICH, he moves to the next item Unfinished Business, Item 2: 2. Review and discuss the Ad Hoc Site Visit Reports for Comm. 19-004, 022, 023, 024, and 027. CHR. TOMICH calls up Mr. Powell for Comm. 19-024. Mr. Powell in- vites the commission to call him for another site visit, but says, “They are unable to access the property.” After which, a summary discussion was held regarding on-going development with im- provements to the drainage with the Board of Water Supply, flood- ing, and permitting on this land. Ms. Inaba testifies of the historical PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 5 of 7 value of the Canoe Heiau and the archeological values of the land. She also addresses the present construction work on the wa- ter drainage systems. DR. FRANK reminds those present unless there is a willing seller, PONC cannot force the owner to sell. This commission does not have the authority to force developers to stop or landowners to sell. He encourages them to seek other venues that can help them. Afterward a lengthy discuss ensued where recording be- came inaudible. MS. NAUNGAYAN invites Mr. Wade Lee of Comm. 19-025, Conserva- tion Easement clarification. Mr. Lee discusses the history of Sandal- wood, present well-management efforts (accessibility, education, fencing, firebreaks, harvesting, sustainability, and water reser- voirs), organic product certification, financial partnering efforts with the Federal, State, County, and Hawaiian Island Land Trust. Being the only landowner, he reminds the commission it is his only goal to hold his land in perpetuity so that it cannot be developed or subdivided due to economic demands. Being no further discussion CHR. TOMICH takes out of agenda order and invites MR. WARSHAUER to give his Ad Hoc Site Visit Report on Comm. 19-025, Haloa ‘Ᾱ ina. MR. WARSHAUER refers to his six-page written report (on file) and summarizes the report to the commission. Being no further discussion CHR. TOMICH calls for a lunch break. CHR. TOMICH reconvenes the meeting after a lunch break, calls the meeting to order, and continues with Unfinished Business Item 3: 3. The “Comprehensive Report” outline for the 2019 Annual Report to the Mayor. A lengthy discussion ensued covering the historical value of the re- port, formatting issues, and distribution efforts of the Annual Re- port to the State Libraries. MS. CUTLER agrees to report to the com- mission at the next meeting with a sample of the format and report on the State Libraries distribution. Being no further discussion CHR. TOMICH, he moves to the last item Unfinished Business, Item 4: 4. Approval of retroactive labeling of Suggestion Forms received since January 1, 2019. PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 6 of 7 MS. CUTLER reports backs to the commission the legal opinion by Corporation Counsel, MR. KIM to retroactive labeling of Suggestion Forms is possible and procedural matters with County Clerk, Mr. Henricks. After a brief discussion, retroactive of labeling the sug- gestion forms was deferred and no action needed. IX. NEW BUSINESS: CHR. TOMICH moves to Item 2, on the agenda since Item 1 was taken out of order, discussed earlier, and being no discussion or executive session, CHR. TOMICH moves to announcements. X. ANNOUNCEMENTS: CHR. TOMICH announces: 1. The next meeting scheduled for Monday, July 8, 2019, at 10:00 a.m. in the Hilo County Building, Council Chambers 25 Aupuni Street, Suite #1401 Hilo, Hawai‘i 96720. 2. Set agenda items for Monday, July 8, 2019, to include: a) Review the Prioritized Scoring Results of the 2019 Suggestion Forms b) Commission to Assign the 2019 Annual Report Prioritize Summar- ies due October 23, 2019. c) Commission to review, discuss and make a recommendation to the Department of Park and Recreation (P&R) 2020 Stewardship Grant applications for P&R’s October 15, 2019 deadline. d) Review Annual Report to the Mayor draft (Table of Contents, Comprehensive Report, Outline, and Formatting) for November 4, 2019. XI. ADJOURNMENT: There being no further business at approx. 2:47 p.m., CHR. TOMICH adjourns the meeting. Respectfully submitted by: Maxine Cutler Commission Secretary Approved September 9, 2019 Posted: September 30, 2019 PONC July 8, 2019 Minutes Hawai’i County is an Equal Opportunity Provider and Employer. Page 7 of 7