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HomeMy WebLinkAbout2022-09-26 Public Access, Open Space, and Natural Resources Preservation Commission Special Meeting Minutes - ApprovedPUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES September 26, 2022 Public "Special" Meeting Hawaii County Building, Hilo Council Chambers 25 Aupuni St. Suite 1401 Hilo, HI 96740 I. CALL TO ORDER: On September 26, 2022, the special meeting of the Public Access, Open Space, and Nat- ural Resources Preservation Commission (PONC) was called to order at 10:01 a.m. by Chr. Kelepolo who gave a warm welcome to all in attendance and introduced the commis- sion; those present constituted a quorum. Present: Ms. Alex Kelepolo, Chairperson (CHR.) Ms. Deborah Chang, Vice Chair (V.CHR.) Ms. Deborah J. Ward, Member Dr. Wayne Frank, Member Ms. Cayla Crivello, Member Ms. Jodie Rosam, Member Mr. Justin Lee, Member Ms. Shellie Bee Allen Naungayan, Member Absent: Ms. Diane Kanealii, Member (Excused) Support Staff: Mr. Hamana Ventura, Property Manager Department of Finance Ms. Maxine Cutler, Commission Secretary Ms. Jean Campbell, Deputy Corporation Counsel Representative II. STATEMENT(S) FROM THE PUBLIC: (NONE) Chr. Kelepolo opened the floor for public testimony, informed the public testimony is lim- ited to three minutes per agenda item, and they may choose whether to testify now or before each agenda item. III. WRITTEN COMMUNICATION: (ACKNOWLEDGED Chr. Kelepolo acknowledged, accepted, and filed Comm. 22-029, no motion required, and moved to the next item on the agenda. PONC Minutes of September 26, 2022, Approved Page 1 IV. MINUTES: (Motion required) Chr. Kelepolo called for a motion to approve the July 11, 2022, minutes with edits from Ms. Chang, Ms. Kanealii, and Ms. Ward which was posted and sent to the com- mission on September 19, 2022. MOTION: Mr. Lee so moved and seconded by Dr. Frank. A discussion was held re- garding to Ms. Chang with three corrections. Chr. Kelepolo called for a verbal vote, all present voted, "aye", the motion passed. Chr. Kelepolo deferred the minutes of September 12, 2022, to the next meeting. Ms. Cut- ler explained that edits are received days before the meeting and requested that the commission send their edits earlier. V. OLD BUSINESS: 1. 2023 Stewardship (STU.) Grant Applications received by August 31, 2022, was deferred by the commission on September 12, 2022, for this meeting. a) STU. 23-11, Hui Ho'oniho for Puapua'a, North Kona, Hawai'i. Tax Map Key No.(s): (3) 7-5-020:022, 024, 028, and 034. (Kauakaiakaola Heiau) i. Representatives for Hui Ho'oniho were Mr. Kaimalu Cope: Treasurer and Consultant for Hui Ho'oniho; and Mr. Billy Fields, Contractor for Fields Ma- sonry. Mr. Ventura reported to the commission that both the Burial Treatment Plan and Long -Term Preservation Plan are outdated. Until the plans are brought up to date and approved by the State, the restoration project is on hold. The grant applicants were notified regarding the situation about the plans. Mr. Cope agreed with the county that both plans need to be updated before any restoration projects are done, however he asked the commission for funding to hold community workdays, and landscaping maintenance. A discussion was held confirmed the amounts for the land clearing is set in the budget, and if required, applicants to submit a revised application to addressed the Special Management Area (SMA) permit concerns. MOTION: Ms. Chang moved that Stewardship Application STU. 23-11, Hui Ho'oniho be deferred until we receive a revised application, at that point the commission will review that proposal. The motion was seconded by Ms. Ward. There being no discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Ms. Ward, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Crivello, Ms. Rosam, and PONC Minutes of September 26, 2022, Approved Page 2 Chr. Kelepolo all verbally voted "Aye" and one excused absence, the motion passed. Before moving to the next item on the agenda, Chr. Kelepolo asked for public testimony. Ms. O'Hara in support of Comm. 22-29, explained the need for the maintenance fund to pay for the administration services and fees. She said that it's important for the survival of the organization. Mr. Markoff in support of Comm. 22-29, stated same comments from Ms. O'Hara, and requested considerations be made in favor of funding the cost of administration fees from the maintenance fund. b) STU. 23-06, Na Maka O Waipio for Pohoiki, Puna, Hawai'i. Tax Map Key No. (3) 1-3-008:097. Representatives from Na Maka O Waipio were Annamarie Kon and Pilialoha Johnson, accountant. Ms. Kon approached the microphone with a short "mele oli" (Hawaiian Chant). Ms. Kon reported accomplishments and the reason for increased cost for the proposed management plan. She says, "after reading the 138-page Archeological Inventory Report, there were a lot more sites to take care of." She has a hand -clearing permit according to the special management area (SMA). She was working with Parks and Recreation for their 2021 Grant application which, but nothing was done. A lengthy discussion and comments from the commission were made regarding the importance of a detailed management plan, getting parts of the plan approved by the state, and funding requirements with the applicant. Ms. Kon mentioned there is a growing need due to increase of visitors to the area, over -grown vegetation, and her group has been hand -clearing the area since 2018. MOTION: Ms. Chang moved that Stewardship Application STU. 23-06 be deferred, in order to give the applicant time, to come back to the commission with a detailed scope of work for the community resource management and stewardship plan, in addition, to identifying all the permits that will be required and the timelines for when the plan and permitting is to be done and matching that with budget details. The motion was seconded by Ms. Ward. Chr. Kelepolo opened the floor for discussion. PONC Minutes of September 26, 2022, Approved Page 3 Ms. Rosam suggested that the applicant separate projects like working with the land vs. the management plan and submit a new application. Mr. Lee commented to the applicant that the work they are doing is commendable. Ms. Crivello commented that SHPD's process ... may get an approval within a year and continued to explain the expenses incurred. She suggested to breakdown the amounts: tools, etc. for each project. Ms. Ward suggested to seek leverage funding once they get the 2021 grant. Chr. Kelepolo ends the discussion by stating that the work they are doing is so important and hopes that they continue to apply for the grant. There being no discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Ms. Ward, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Crivello, Ms. Rosam, and Chr. Kelepolo all verbally voted "Aye" and one excused absent, the motion passed. Chr. Kelepolo called for a 5-minute break and reconvened the meeting at 11:45 a.m. c) STU. 23-12, Kohala Lihikai for Halawa (Hale O Ka'ili Heiau) N. Kohala, Hawaii. Tax Map Key No. (3) 5-3-007:022. i. Representatives from Kohala Lihikai were Ms. Gail Baber and Ms. Toni Withington. Ms. Baber gave a brief presentation of past projects and an summarized the use of outside and local consultants for the management plan and funding, talked about the qualifications of the consultants; erosion control, and community exposure. A lengthy discussion ensued regarding concerns of the community management plan to include the following: health and safety, permitting, special management area exemption (SMA) conservation district use permit exemption (CDUP), erosion control, wildfire mitigation, community/lineal descendants input, the State of Hawaii DLNR input, Kohala Center's erosion input or role, and education models. MOTION: Ms. Chang moved that Stewardship Application STU. 23-12, be approved subject to the following condition that the finance department confirm that all the expenses are allowable according to the Hawai'i County Charter and Code prior to transmitting the stewardship application to the council. The motion was seconded by Ms. Ward. There being no discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Ms. Ward, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Crivello, Ms. Rosam, and Chr. Kelepolo all verbally voted "Aye" and one excused absence, the motion passed. PONC Minutes of September 26, 2022, Approved Page 4 d) STU. 23-013, Kohala Lihikai for Kaiholena, N. Kohala, Hawai'L Tax Map Key No. (3) 5-8-001:011, 019-023, 025. i. Representatives from Kohala Lihikai were Ms. Gail Baber and Ms. Toni Withington. Ms. Baber reported that they received only one grant funding for 2018. She explained use of grant funding for wildfire mitigation and community archeology work. Ms. Ward asked for progress report for expense of those funds in 2018. Ms. Baber says the report was filed with Parks and Recreation. A lengthy discussion was held regarding management plan addressing vehicular access, SMA permit, wildfire suppression/mitigation, removal of archeological markers, illegal harvesting of stones (archeological sites), completion of burial plans, long term preservation plans, finding appropriate access for public use, educational use models, completion of the draft plan, completion of the final plan, community/lineal descendants input, federal/state agencies involvement, and to combine the management plan with Pao'o. Chr. Kelepolo asked for funding clarification on a community resource safety specialist or like a ranger program. Ms. Baber explained it would pay someone to be on site more frequently. MOTION: Ms. Chang moved that Stewardship Application STU. 23-13, be approved subject to the following conditions: that the finance department confirm that all required permits will be obtained and obtain a more detailed site management plan, wastewater management options plan, and erosion control plan with timelines and budget; and remove any proposed expenses that are not allowable according to the Hawai'i County Charter and Code prior to transmitting the stewardship application to the council. The motion was seconded by Dr. Frank. Discussion on the motion: Ms. Baber asked for clarification of the motion. Ms. Chang reread the motion, clarified that the timelines should be clear, and the plans will be concurrent. The intent of the motion is to make the timeline clear. Ms. Chang pointed out to the applicant that it is written in their application and to include Pao'o. After discussion, the commission agreed to withdraw this motion, and Chr. Kelepolo called for a new motion. MOTION: Ms. Chang moved that Stewardship Application STU. 23-13, be approved subject to the following conditions: that the finance department also consider the Stewardship Application STU. 23-15, for Pao'o in determining that all required permits will be obtained and obtain a more detailed site PONC Minutes of September 26, 2022, Approved Page 5 management plan, wastewater management options plan, and public access control plan with timelines and budget; and remove any proposed expenses that are not allowable according to the Hawai'i County Charter and Code prior to transmitting the stewardship application to the council. The motion was seconded by Mr. Lee. There being no discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Ms. Ward, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Crivello, Ms. Rosam, and Chr. Kelepolo all verbally voted "Aye" and one excused absence, the motion passed. e) STU. 23-014, Kohala Lihikai for Kapanai'a, N. Kohala, Hawaii. Tax Map Key No. (3) 5-2-004:004, 027. i. Representatives from Kohala Lihikai were Ms. Gail Baber and Ms. Toni Withington. A discussion ensued regarding building a shed onsite whether it is permittable or not according to the grant agreement even though it is not within the conservation easement, permitting requirements, correction of the parcel no., (lots of inaudible, speaking with the mic off), theft of Keawe wood is not applicable for this parcel, site management plan, signage issues, public safety, documentation activities controlling erosion, support by the community and their involvement, projected education activities, subsistance gathering, public use for recreational activities, public access, safety conditions of Cane Haul Road, and composting toilets. MOTION: Ms. Chang moved that Stewardship Application STU. 23-14, be approved subject to the following conditions: 1) tmk no. 5-2-007:004 and other errors resulting from cutting and pasting be corrected in the application, 2) that the finance department confirm that details in the site management plan with timelines and budget and remove any proposed expenses that are not allowable according to the Hawai'i County Charter and Code prior to transmitting the stewardship application to the council. The motion was seconded by Ms. Rosam. There being no discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Ms. Ward, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Crivello, Ms. Rosam, and Chr. Kelepolo all verbally voted "Aye" and one excused absence, the motion passed. f) STU. 23-015, Kohala Lihikai for Pao'o, N. Kohala, Hawaii. Tax Map Key No. (3) 5-7-001:005. i. Representatives from Kohala Lihikai were Ms. Gail Baber and Ms. Toni Withington. A lengthy discussion was held about the CDUP history with the applicants and granting of an approved burial treatment plan, approved preservation plan, part-time Kaiholena vehicle service maintenance, porta potty budget, site personnel monitoring, emergency access and servicing, and limited cell phone service. MOTION: Ms. Chang moved that the finance department consider PONC Minutes of September 26, 2022, Approved Page 6 combining the future site management plans of Kaiholena and Pao'o into one and that the same conditions be applied to both applications. The motion was seconded by Ms. Ward. There being no discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Ms. Ward, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Crivello, Ms. Rosam, and Chr. Kelepolo all verbally voted "Aye" and one excused absence, the motion passed. Chr. Kelepolo called for a 5-minute break and reconvened the meeting at 1:40 p.m. and moved to the next item on the agenda. 2. Discussion No. 2 continues on the proposed revisions to Rules of Practice and Procedure of the Hawai'i County PONC Draft Revision No. 1 from the July 11, 2022, meeting and the September 12, 2022, meeting. Chr. Kelepolo asked the commission to defer this item the next scheduled meeting. The commission unanimously agreed. Chr. Kelepolo move to the next item on the agenda and asked for any public testimony. Ms. Withington testified that the goal of PONC is what the community wants to suggest properties to protect. She suggested removing the contact information on the front of the form. On the back of the form, Ms. Withington suggested removing "landowner is willing to participate" in question 7. 3. 2023 Suggestion Form (Motion required) MOTION: Ms. Naungayan moved that under Question #9, the word, "liens" inserted after the parenthetical expression and proceeded by a comma and followed by a comma. The motion was seconded by Mr. Lee. Discussion on the motion: Ms. Naungayan explained a previous suggestion made the prioritized list, but there was a lien on it. Ms. Campbell offered procedural advice that easement, encumbrances, etc. are found in the title reports. The suggestion form gives the commission a better understanding and guidelines to perform commission duties and it's fair to receive a complete and accurate information. She continued saying that liens are paid off during escrow procedures. (inaudible, someone speaking w/o the mic on). Ms. Crivello and Mr. Hamana Ventura was excused from the rest of the meeting at 2:00 p.m. A lengthy discussion ensued regarding removal of a willing participant requirement, a process notifying the landowner that their property was nominated, developing a process to the landowner their property is being ranked in the pool, and withdrawal of the motion. Ms. Naungayan cordially withdrew the motion. PONC Minutes of September 26, 2022, Approved Page 7 MOTION: Ms. Ward moved to initiate the discussion of the suggestion form. The motion was seconded by Mr. Lee. Discussion of this motion: Ms. Cutler explained to the commission that deadlines for the 2023 Suggestion forms are fast approaching, two organizations waiting for the form, and the commission discussed tweaking the motion. Ms. Ward withdrew her motion. MOTION: Dr. Frank moved to accept the form as it is and move forward with it. The motion was seconded by Ms. Chang. Ms. Cutler asked for clarification to use the present form, until commission presents another revised version. Those present agreed. Being no further discussion, Chr. Kelepolo asked for roll call vote: Mr. Lee, Dr. Frank, Ms. Chang, Ms. Naungayan, Ms. Rosam, and Chr. Kelepolo all verbally voted "Aye," Ms. Ward voted, "nay." The motion passed with six "aye" votes, one "nay," vote and two excused absences. VI. ANNOUNCEMENTS: Chr. Kelepolo announces the next meeting, takes suggestions for agenda items, and reminds the commission that the 2022 Prioritized List summaries are due to Ms. Cutler by October 21,2022. 1. The next public meeting is scheduled for November 14, 2022, from 10:00 a.m. to 2:00 p.m. at the Hilo Council Chambers, 25 Aupuni Street, Suite 1401, Hilo, HI. 96720. 2. Suggested agenda items by the commission. A. Old Business: i. Draft Minutes of September 12, 2022, (version #4), regular session with edits from Ms. Chang, Ms. Naungayan; Ms. Rosam, Ms. Ward, and emailed to the commission on Monday, October 31, 2022. ii. Discussion No. 2 continues on the proposed revisions to Rules of Practice and Procedure of the Hawaii County PONC Draft Revision No. 1 from the July 11, 2022, meeting. iii. 2023 Suggestion Form. The commission may discuss, review, and make revisions to the current Suggestion Form as discussed in the July 11, 2022, meeting. B. New Business: i. Commission to discuss formation and selection of members for a Permitted Interaction Group for the Rules of Practice and Procedure of the Hawaii County PONC; and to set the scope of work, as introduced by Ms. Ward. ii. Commission to discuss formation and selection of members for a Permitted Interaction Group for the Suggestion Form; and to set the PONC Minutes of September 26, 2022, Approved Page 8 scope of work, as introduced by Ms. Ward. iii. Commission to discuss formation and selection of members for a Permitted Interaction Group for the 2024 Stewardship Grant Application and Instruction Sheet, as introduced by Ms. Chang. iv. Election of Officers. Election for new Chair and Vice Chair to serve for the calendar year beginning January 1, 2023, to December 31, 2023. VII. ADJOURNMENT (Motion required) There being no further suggested agenda items, Ms. Ward moved to adjourn the meeting, seconded by Ms. Rosam. Chr. Kelepolo called for a verbal vote, all present voted, aye. The meeting was adjourned 2:22 p.m. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MS. ALEX KELEPOLO, Chairperson Approved on January 9, 2023. Posted on February 11, 2023. PONC Minutes of September 26, 2022, Approved Page 9