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-
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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
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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
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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.
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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
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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.
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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
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