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HomeMy WebLinkAbout2023-03-13 Minutes ApprovedPUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES March 13, 2023 Public Meeting Hilo County Building 25 Aupuni Street, Suite 1401 Hilo, HI, 96720 CALL TO ORDER: On March 13, 2023, the regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) was called to order at 10:00 am by Chr. Chang. The Chair welcomed all in attendance and introduced the Commissioners of the Commission; those present constituted a quorum. Present: Deborah Chang, Chairperson (CHR.) Alex Kelepolo, Vice Chair (V.CHR.) La Crivello, Commissioner Deborah J. Ward, Commissioner Jodie Rosam, Commissioner Shellie Bee Allen Naungayan, Commissioner Justin Lee, Commissioner Absent District 4 (vacant) Diane Kaneali'i (excused) Support Staff: Jean Campbell, Deputy Corporation Counsel Representative Hamana Ventura, Property Manager Department of Finance Maxine Cutler, Commission Secretary OFFICE OF THE MAYOR: Mayor Mitchell D. Roth addressed the Commission and thanked them for the vital work that they are doing. He supports sustainability, affordable housing, and "putting people to work." He updated the Commission about future acquisitions, such as Mahukona, slated to close this year. Lastly, he recognized the group from the Waimea Trails and expressed his support for that project. STATEMENT(S) FROM THE PUBLIC: Chr. Chang opened the floor for public testimony and explained that participants could choose to testify either during the testimony period or before the agenda item. Ms. Debbie Hecht chose to testify first and proceeded to the microphone. Ms. Hecht testified in support of the 2% fund and spoke about her long relationship with the program. She identified herself as the current president of the Moku O Keawe Land Conservancy. She gave a brief Approve Minutes of March 13, 2023 Page 1 history and supported the Waimea Trails submission, Suggestion 23-04. She urged the Commissioners to assign a high ranking to this Suggestion and to recommend the easement acquisition of the project, claiming that it would help reduce traffic, create a safe pedestrian path, and would preserve important cultural sites. She briefly spoke about the many who, for many years, have supported this project. She ended her testimony by expressing gratitude to the Commission and said that she will be available to answer any questions. Commissioner Lee disclosed his ties to the Waimea Trails project and asked Chr. Chang to obtain clarification from the Deputy Corporation Counsel, Ms. Campbell, regarding his ability to participate in the discussion and in the ranking of the project. Ms. Campbellstated that if no financial gain exists, Commissioner Lee can participate and rank this project. Chr. Chang asked the Commissioners for permission to make a slight amendment to the agenda so that the Property Manager could present the Department of Finance Report before the presentation of New Business. There were no objections from the Commission members. DEPARTMENT OF FINANCE REPORT: Mr. Hamana Ventura, Property Manager, presented a 12-slide PowerPoint. (This report is available upon request and is posted on the County public website). Mr. Ventura summarized: the Preservation and Maintenance Fund balances; the Stewardship Grant Awardees and recognized the efforts of the stewards; and reviewed the Commission duties. He then informed the Commission of the recent decision to launch a public website, dedicated to the preservation program; which will list funding partnership opportunities maps, visuals about each property, real-time stewardship, and more relevant and useful information. Commissioner Ward asked questions regarding prioritizing acquisitions, threats of developments, land use changes, and when the report be available. Mr. Ventura responded that the ranking of acquisitions refers to those with grant funding and in imminent threat of development. Commissioner Naungayan asked questions about the website launch date. Ms. Cutler responded that the project is still in the planning stages. There being no further questions, Chr. Chang moved on to New Business. NEW BUSINESS: (Motion(s) required) 1. 2023 Suggestions reviewed and nominators interviewed. Public testimony for Sugg. 23-01 requested. a) Sugg. 23- 01, `Anaeho`omalu Kapalaoa, N. Kona, Hawaii. TMK (3) 7- 1- 03: 10. Mr. Keoni Fox, with Ala Kahakai Trail Association, testified in support of Sugg. 23-01 and expressed the desire to partner with the Trust for Public Lands in this project. He briefly discussed his interests in the trails, cultural landscapes, threats of development, and property preservation. Mr. Alan Brown, with Ala Kahakai Trail Association, testified in support of Sugg. 23-01. He shared a brief background of his childhood life along this coastline and the importance of preserving this section of the trail. Mr. Monika Fraiser, with Hui Aloha Kiholo, testified in support of Sugg. 23-01. She briefly introduced the Hui and the curatorship importance of this coastline. She emphasized the Approve Minutes of March 13, 2023 Page 2 need to protect its natural and cultural resources, management, and education. Most importantly, she testified of the many community families who continue to rely upon the area for subsistence fishing. Ms. Fraiser suggested that guidelines are needed as the increase in tourism and local demands grow. Mr. Darren Ziegler with Hui Aloha Kiholo testified in support of Sugg. 23-01. He emphasized the need to protect cultural sites and continue the trail. He acknowledged the Hui's involvement with the State Park and thanked the Waikoloa Land Co. for making this property available for a conservation easement purchase. There being no other public testimony, Chr. Chang called the representative for Sugg. 23- 01. Ms. Reyna Ramolete Hayashi, with the Trust for Public Land (TPL), introduced herself, TPL, and provided handouts. She presented about the numerous cultural sites, flora and fauna, and the existence of a heiau. TPL is seeking a State Legacy Land Grant to help with the purchase. She confirmed that Waikoloa Land Co. is a willing participant, and numerous organizations support this conservation easement purchase. Commission Vice-Chr. Kelepolo asked for clarification of the purchase amount and legal access. Ms. Hayashi confirmed legal access, and the purchase amount is estimated based on the Real Property Tax assessments. Commissioner Lee asked whether there were any plans to protect the coast and marine life. Ms. Hayashi responded that TPL would go back and discuss protecting the reef, marine life, and coastal life with the communities. Chr. Chang asked Ms. Hayashi to correct the names of historic Hawaiian trails in the suggestion. For example the "alanui aupuni" is the old government road, not the coastal foot trail as stated in the suggestion. She also recommended that Ms. Hayashi contact the State's Na Ala Hele program for information on the historic trails on the suggested property that are considered government -owned. After the meeting, Chr. Chang offered to provide the nominator with a map of trails on the suggested property thought to be government owned and some information on trail names. There being no other questions, she moved to Sugg. 23-02 and invited public testimony. b) Sugg. 23- 02, Punahoa Heritage Forest, S. Hilo, Hawaii. TMK ( 3) 2- 5- 01: 11. Ms. Toni Bissen, Executive Director of the Pu'a Foundation, presented the organization's goals on their website. She spoke about the conservation easement of 1,052 acres, land management plan, and willing sellers. She agreed that the existence of historic trails on the property should be checked. Commissioner Lee asked about reforestation funding efforts with the state, such as DLNR and DOFAW. Ms. Bissen said they are still learning about available programs and financial support. Commissioner Lee suggested ideas to help with the forest management plan. Commissioner Ward asked for clarification regarding developing a wellness center, bathrooms, and other structures. Does this conflict with the conservation easement? Commissioner Bissen stated there will be little or no development on the property. Approve Minutes of March 13, 2023 Page 3 Commission Vice Chr. Kelepolo asked for clarification on the 'Ohi'a forest being closed due to the Rapid 'Ohi'a Death Disease. Ms. Bissen confirmed that the area should be open for the site visit. There being no other questions, Chr. Chang moved to Sugg. 23-03; however due to the absence of a representative from Sugg. 23-03, the Chair called for public testimony. c) Sugg. 23- 03, Keopu Flood Mitigation, N. Kona, Hawaii. TMK (3) 7- 5- 03:23. There was no public testimony, Chr. Chang announced that no representative was present for Sugg. 23-03 and instructed the commission to email questions. She expressed the hope that someone would be available to answer questions at the next meeting in Kona. The Chair moved to the next agenda item, Sugg. 23-04, and invited public testimony. d) Sugg. 23- 04, Ke Ala Kahawai `O Waimea, S. Kohala, Hawaii. TMK (3) various. Ms. Amanda Rieux, Program Director for Waimea Middle School, testified in support of Sugg. 23-04. She stated how volunteers of the community maintain the trails and approx. 60 persons daily use the trail. Moreover, she emphasized that the Trail creates a safe passage for the children to walk to school from their homes, which are in close proximity to the trails. To illustrate the dangers, she then recounted the story of the death an of a pedestrian who hadwalked along the busy Waimea highway. Ms. Mimi Kerley testified in support of Sugg. 23-04 for the Waimea Trails (Trail). She stated they received over 40+ letters supporting and preserving the Trail for current and future generations. Ms. Toni Withington testified in support of Sugg. 23-04 and the importance of a conservation easement and/or fee acquisition of the parcels. She confirmed that this project has been ongoing for generations and that the Kohala community continues to use the Trail daily. Because there were no other testifiers, Chr. Chang invited the representatives of Sugg. 23-04 to the microphone: Mr. Clemson Lam, Ms. Zaheva Knowles, and Mr. James Hustace. Mr. Lam, Chairman of the Waimea Trails and Greenways Committee, affirmed his dedicated to developing and preserving the trails. He emphasized the importance of safe passage from schools, shopping areas, and nature walkers, provided by the separation of the Trail from the busy highway. He reported that many volunteers, county assistants, and local organizations help to maintain the trail. He is concerned that sections of the Trail are in danger of being developed, as time passes. Ms. Knowles testified to the importance of extending the trail from mauka to makai, confirming willing land owners, funding partners, and high motivation to complete the Trail. She confirmed that proponents of the trail have raised funds, and obtained a grant to help with the purchase. She explained the "grand vision" of a pedestrian/bicycle pathway from Kuhio Hale at Mana Road to the Ala Kahakai National Historic Trail at Mau'umae Beach and Bay. She emphasized that time is of the essence. Mr. Hustace explained the increments of the trail to the maps, landownership, easements, and high -use areas. He confirmed an environmental study was completed. Approve Minutes of March 13, 2023 Page 4 The Commission held a lengthy discussion regarding easements, willing landowners, defining the boundaries, emergency access, path width, management programs, and county staffing issues. Chr. Chang moved for a break at 12:32 pm and reconvened at 12:45 pm to form Permitted Interaction Groups (PInG) for site visits and asked for a motion to accept Sugg 23-01 to Sugg. 23-04. MOTION: Commissioner Vice Chr. Kelepolo moved to accept Suggestions 23-01 through 23-04. Commissioner Crevillo seconded the motion. There was no discussion, Chr. Chang called for a verbal vote, and all those present voted, "Aye;" the motion passed. 2. Form Permitted Interaction Groups (PInG) for site visits, select Commissioners, the scope of work, and scheduled deadlines for written reports. PInG Commissioners for site visits are: PInG Sugg. Commissioners Alternate #1 23-01 Crivello Kelepolo Rosam Ward Lee #2 23-02 Chang Kelepolo Rosam Ward Crivello #3 23-03 Chang Ward X X X #4 23-04 Crivello Lee Naungayan Ward Rosam MOTION: Commissioner Ward moved to accept formation and Commissioners of the PInG for site visits with written reports due to the secretary by April 21, 2023. Commissioner Crivello seconded the motion. There was no discussion, Chr. Chang called for a verbal vote, and all those present voted, "Aye;" the motion passed. MINUTES: (Motion required) Minutes (draft) of January 9, 2023, regular meeting. MOTION: Commissioner Vice Chr. Kelepolo moved to approve January 9, 2023, minutes. Commissioner Rosam seconded the motion. There being no corrections or discussion, Chr. Chang called for a verbal vote, and all those present voted, "Aye;" the motion passed. CHAIRPERSONS REPORT: Chr. Chang addressed the Commission to correct misinformation received in public testimony and entered into PONC records on November 14, 2022 and January 9, 2023. Contrary to public testimony, the Commission does not meet only four times a year from 10 am —1 pm, for a total of 12 hours per year.Chr. Chang stated this is a significant time estimate error. The Commission meets a minimum of 6 regular meetings/yr. usually from 10 am — 2 pm. Special Meetings are scheduled when necessary. Two Special Meetings were held last year, for a total of eight meetings. In addition, commonly one or more PInGs are meeting in-between these meetings. Site visits involve travel time, meetings with the representatives, and writing of site visit reports. Correct assessment of the volunteer time involved in serving as a PONC Commissioner needs to include the many hours of prior preparation for meetings, time spent in PInG-related meetings, reviews of materials, report writing, and site visits. Chr. Chang pointed out that it is important to have a Commission that is balanced in its Approve Minutes of March 13, 2023 Page 5 perspectives with representation of men and women, young and older, working and retired. Many younger people have full-time jobs and family obligations, including young children. Even the retired can be busier than ever. The time commitment is important to consider when seeking candidates who are qualified, willing and able to serve as volunteer Commissioners. We need to encourage and keep the precious volunteers that we do have, and that includes those who steward our properties. DEPUTY CORPORATION COUNSEL REPORT: Commissioner Jean Campbell's reported on the following topics: • The Commission needs to follow the Roberts Rules of Order more closely. Asa parliamentary process, discussions in the meetings should be held amongst Commissioners. • It has been decided to declutter the Agenda by removing written communications from the Agenda. This decision applies to all boards and Commissions of the County of Hawai'i. • No motion is needed to close public testimony. • In response to public requests, moving forward, all Assessment Criteria fillable scoring sheets must be emailed to the secretary by the middle of June for the July meeting. Last-minute changes are acceptable. ReCommissioner not to exceed the maximum number of points possible for each criterion. • Next month the minutes will be sent in a Word document on a trial basis. Ms. Cutler will keep the master and wait for your corrections. • Use the "Track Changes" tool in Word and email it back in Word document form. NO PDF. • If Ms. Cutler receives the emailed grammatical corrections by the deadline, she will correct the master. • Changes in minutes received after the deadlinemust be discussed in the meeting. • Draft of the Rules (redline and clean version) will be available to the public 30 days before the next meeting in May. The May meeting is the time to hear public testimony; if none and you like it, you can make a motion to adopt. Commissioner Campbell answered questions from the Commission, which is reflected in the bullets above after which Chr. Chang continued the meeting to the next agenda item. OLD BUSINESS: The report of the PInG on Stewardship Grant Application and Instructions. Chr. Chang reported that the proposed survey is ready to be sent to the previous applicants and asked for any discussion. There being no discussion, Chr. Chang called for a motion. MOTION. Commissioner Crivello said, "so moved." Commissioner Rosam seconded the motion. A discussion was held to clarify the response time, and the PInG will review the responses. There was no further discussio, Chr. Chang called for a verbal vote, and all present voted "Aye; " the motion passed. ANNOUNCEMENTS: 1. The next public meeting is scheduled for Monday, May 8, 2023, from 10:00 am — 2:00 pm at the West Hawai'i Civic Center, 74-5044 Keohokalole Hwy., Building G, Kailua-Kona, HI. 96740. 2. Suggested agenda items for May: a. PInG on the Stewardship Applications and Instructions to hold discussions, review, and possibly adopt the final revision. Approve Minutes of March 13, 2023 Page 6 b. Sugg. 23-03, Keopu Flood Mitigation, N. Kona. Interview the nominator. c. The four PInG Site Visit Reports for Suggestions 23-01 through 23-04 (no discussion). d. Draft Rules and Procedures of the Hawai'i County PONC. Discuss, review, and possibly adopt the final revision. e. Form a PInG for pre -review of the 2024 Stewardship Grant applications. f. Form a PInG to revise and update the Suggestion Form. g. Review the management policies of the preservation properties. ADJOURNMENT (Motion required) With no further agenda items, Chr. Chang called for a motion to adjourn this meeting. MOTION: Commissioner Vice Chr. Kelepolo moved to adjourn the meeting. Commissioner Rosam seconded the motion. Chr. Chang called for a verbal vote, and all present voted, "Aye." The motion passed and the meeting was adjourned at 1:35 pm. Draft posted: April 25, 2023. Approved: May 8, 2023. Approved posted: May 13, 2023. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION COMMISSIONER DEBORAH CHANG, Chairperson Approve Minutes of March 13, 2023 Page 7