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HomeMy WebLinkAbout2023-05-08 Minutes ApprovedPUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION f►All0hj1�! May 8, 2023 Public Meeting West Hawai'i Civic Center 74-5044 Keohokalole Hwy., Building G Kailua-Kona, HI. 96740 CALL TO ORDER: On May 8, 2023, the regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) was called to order at 10:02 a.m. by Chr. Chang, who welcomed all in attendance, and introduced the Commissioners of the Commission and PONC Staff. Those that were present constituted a quorum. Present: Deborah Chang, Chairperson (CHR.) Alexandra "Alex' Kelepolo, Vice Chair (V.CHR.) La Crivello, Commissioner Deborah J. Ward, Commissioner Jodie Rosam, Commissioner Shellie Bee Allen Naungayan, Commissioner Justin Lee, Commissioner Vacant District 4 District 9 Support Staff: Suzanna Tiapula, Deputy Corporation Counsel Representative Hamana Ventura, Property Manager Department of Finance Maxine Cutler, Commission Secretary STATEMENT(S) FROM THE PUBLIC: Chr. Chang opened the floor for public testimony and explained that all participants present were here to testify under VII. Old Business: No. 4. 2023 Permitted Interaction Group Reports for Site Visits. (a) Sugg. 23-01, 'Anaeho'omalu Kapalaoa, N. Kona, Hawai'i. TMK (3) 7-1-03:10. Chr. Chang asked the commission, if there were no objections that she would start the meeting with this agenda item. There being none, Chr. Chang proceeded with OLD BUSINESS. VII. OLD BUSINESS: 4. 2023 Permitted Interaction Group Reports for Site Visits to: a) Sugg. 23-01, 'Anaeho'omalu Kapalaoa, N. Kona, Hawai'i. TMK (3) 7-1-03:10. DEBRALEE KAILIWAI-REY, a lineal descendant, spoke in support of Sugg. 23-01. She understood that both Hui Aloha Kiholo and Na 'Oiwi o Pu'uanahulu non-profit 501(c)(3) entities were involved in the process. She gave a brief genealogy connection to the land, her background, confirmed that her'ohana is actively involved in discussions, and Minutes of May 8, 2023 Page 1 emphasized that there must be transparency in these discussions and that all 'ohana should be involved. ROBERTA KU'ULEI KEAKEALANI, a lineal descendant, spoke in support of Sugg. 23-01. She gave a brief genealogy connection to the land, historical ownership of the property, and the importance of transparency with lineal descendants. She confirmed that lineal descendants were members on either Hui Aloha Kiholo or Na 'Oiwi o Pu'uanahulu, and that either entity would serve the community and the 'ohana. She expressed her gratitude to the landowner for their participation in this process. LEHUA ALAPA'I, a lineal descendant, spoke in support of Sugg. 23-01. She gave a brief genealogy connection to the land and confirmed that Na 'Oiwi o Pu'uanahulu came later in the process. She confirmed that both entities and 'ohana are ready to maintain and steward the land. KAPENA ALAPA'I, a lineal descendant, spoke in support of Sugg. 23-01. He confirmed that the 'ohana are "civic minded, not afraid of the process, and not afraid of the hard work in stewarding the land." He asked the commission to consider the amount of work that it takes to bring the land back to "native stewardship." He testified that the families are ready to take on these endeavors. REYNA RAMOLETE HAYASHI and KAMUELA KA'APANA, representatives for Trust for Public Land (TPL and nominator), spoke in support of Sugg. 23-01. Kamuela gave a brief background of TPL whose mission is to protect public land for people, making sure there is a healthy community for generations to come. He testified that over 77,000 acres of open land have been protected during a 50 year period. He confirmed the participation of Na 'Oiwi o Pu'uanahulu and will include them in discussions moving forward. He testified that there are trails, important fishing areas, sites of cultural significance, anchialine ponds, native practices, and historical values in this'aina. LEHUA OTA, a lineal descendant, spoke in support of Sugg. 23-01. She gave a tearful genealogy of her'ohana's direct connection to the land and how her 'ohana had attended many meetings throughout the generations making a stand against development in this area. She gave an account of how her grandmother was born in the coconut groves on the property and became a fisher woman. She gave her aloha and told the commission the healing process had begun. b) Sugg. 23-02, Punahoa Heritage Forest, S. Hilo, Hawai'i. TMK (3) 2-5-01:11. c) Sugg. 23-03, Keopu Flood Mitigation, N. Kona, Hawai'i. TMK (3) 7-5-03:23. d) Sugg. 23-04, Ke Ala Kahawai o Waimea, S. Kohala, Hawai'i. TMK (3) various. There being no testifiers for (b), (c), or (d), Chr. Chang moved to close PUBLIC TESTIMONY and continued with VII. Old Business, No. 4. 2023 Permitted Interaction Group Reports for Site Visits. a) Sugg. 23-01, 'Anaeho'omalu Kapalaoa, N. Kona, Hawai'i. TMK (3) 7-1-03:10. Commissioner Rosam gave a brief recap of the site visit, those present, hiking through the trails, seeing the heiau, hiking to the coastal sandy beach, people fishing, existence of her favorite native flora/fauna and feeling connected to the land. Minutes of May 8, 2023 Page 2 b) Sugg. 23-02, Punahoa Heritage Forest, S. Hilo, Hawai'i. TMK (3) 2-5-01:11. Commissioner Rosam gave a brief recap of the site visit. Those present drove up through Kaumana City and entered on Waterline Rd., which is not on the suggested parcel but next to it. At that point, they were able to observe the forest type that exists in the suggested property. Then they drove up Saddle Rd. to mile marker 10 and saw the suggested property from that angle. Throughout the visit they talked about the suggested property, surrounding land uses, ideas for small improvements that could be made, and important concerns for protection of the watershed, cultural significance, and other considerations that would need to factor into the conservation easement agreement. c) Sugg. 23-03, Keopu Flood Mitigation, N. Kona, Hawai'i. TMK (3) 7-5-03:23. Chr. Chang announced that this suggestion was withdrawn and confirmed a site visit with the landowner and site visit report had been completed prior to its withdrawal. d) Sugg. 23-04, Ke Ala Kahawai o Waimea, S. Kohala, Hawai'i. TMK (3) various. Commissioner Lee gave a brief recap of the site visit, those present, and reported that they hiked a major part of the trail. They saw many using the trail ranging from keiki's to adults. It was evident that various landowners are helping to maintain the trail from their backyards. During the visit they discussed landownership, maintenence, and usage. They drove down to another section of the trail where land had been donated, and native planting projects are commencing for the trail. Commissioner Naungayan gave a brief recap of her genealogical connection to the trail. Commissioner Ward gave a brief recap of the supplemental information that was given re: priorities for trail acquisition and additional maps. A short discussion ensued to clarify scoring deadline and the process of approving the prioritized list. Secretary Cutler confirmed assessment criteria scoring sheets are due by the middle of June 2023. The process of approving the final prioritized list will take place during the July 2023 public meeting. There being no further discussions, Chr. Chang moved to next item on the agenda. III. MINUTES: (Motion(s) required) Minutes (draft) of March 13, 2023, regular meeting. A short discussion ensued pertaining to the use of the Word program'sTrack Changes. Commission agreed that corrections were easy and quick. It was encouraged by the commission to continue this approach. Commissioner Naungayan, an educator, noted that the Hawaiian language was adopted as a recognized language by the State of Hawai'i, and Hawaiian words do not need to be italicized, unless it is used by a native speaker. MOTION: V. Chr. Kelepolo moved to approve March 13, 2023, minutes. Commissioner Naungayan 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. IV. CHAIRPERSON REPORT: Chr. Chang thanked Commissioner Naungayan for working on the Site Visit Report Outline. It was very easy to follow and useful. She also announced that Commissioner Diane Kaneali'i for District 9 has stepped down and thanked her for her valuable service. She officially announced the vacancy for District 4, Portion of Puna; and District 9, Kohala, Waikoloa, Waimea, and Hawi. Minutes of May 8, 2023 Page 3 V. DEPARTMENT OF FINANCE REPORT: Property Manager, Hamana Ventura answered questions from the commission. Commissioner Crivello asked for clarification, what to do when the public seeks assistance and contacts the adjoining district member. Mr. Ventura directed the commission to contact Secretary Cutler. Commissioner Ward stated that Waipi'o Valley Lookout is being targeted by Public Works to be used as a laydown area for road repair equipment. Mr. Ventura confirmed that he attended a recent meeting where Public Works, announced on public record, that they are not planning to use that site. Mr. Ventura reported that updating the Status of Past Prioritized List is ongoing, success on negotiation efforts for three new parcels, and hope to procure the "cadillac version" of the website. Commissioner Rosam asked for updates regarding Stewardship Grants for 2020, 2021, 2022, and 2023 and totals for each awardee. She said it's useful information for those filing for this year. Commissioner Ward voiced concerns for the Waipi'o Valley stewardship non-profit, Pohaha I ka Lani, having difficulty with filling their tax returns, due to the grant contract period covering 18 months rather than 12 months. She asked Finance to give a report on this at the next meeting. VI. DEPUTY CORPORATION COUNSEL REPORT: Deputy Corporation Counsel (Representative) Suzanna Tiapula addressed the commission by covering the rule making process, public testimony on the draft, and stated that the draft is ready for the commission to embark on the rule making process. The draft of the rules can be approved with non -provisional (grammatical and punctuation) changes, however if any material changes are made to the rules, then the rules would need to be republished. She reminded the commission that their duties are set by the charter and code. Deputy Tiapula reminded commission the scope of authority of this commission is developing a prioritized list, methods of funding, making recommendations to finance, and reviewing the performance of work being done through the stewardship grants. VII. A short discussion ensued regarding filing of the approved rules and the completion of the 30-day public notification period. There being no further discussions, Chr. Chang moved on to continuance of agenda items.OLD BUSINESS: 1. Review and interview Sugg. 23-03, Ke6pu Flood Mitigation, N. Kona, Hawai'i. TMK (3) 7-5- 03:023. Chr. Chang reported the withdrawal of Sugg. 23-03, by submitter Sue Aronson. Therefore, no discussion of the site visit report was necessary, nor will this suggestion be evaluated. 2. Discussion and vote on Stewardship Grant Application and its Instructions from the PInG. Chr. Chang reminded the commission this was the third meeting on this agenda item. Discussion is allowed, and voting can take place. She confirmed receiving two responses to the survey and worked with the PInG and County staff to improve the application. She reported that there were minor changes made to the form and instructions in response to survey comments. Minutes of May 8, 2023 Page 4 MOTION: Commissioner Ward moved to approve the Stewardship Grant Application and its Instructions as presented by the PInG. Commissioner Rosam seconded the motion. There being no further discussion or changes, Chr. Chang asked for a roll -call vote. Those who voted "Aye," were Commissioners Naungayan, V. Chr. Kelepolo, Rosam, Crivello, Ward, Lee, and Chr. Chang. Secretary Cutler announced approval with seven "ayes" and two vacancies; the motion passed unanimously. 3. Rules and Procedures - Discussion and possibly adopt the final revision. [Motion(s) required.] . Chr. Chang called for a motion before any discussion could take place. MOTION: Commissioner Crivello moved to adopt the Rules of Practice and Procedures of the Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission (PONC). V. Chr. Kelepolo seconded the motion. Chr. Chang opened the floor for discussion and confirmed that "substantial" discussions were held during the public meetings on July 11, September 12, November 11, 2022, and January 9, 2023. Commissioner Ward brought up the subject of expanding the Rule 4. (f) and (g) regarding the stewardship grant performance reports, site visits, and verification process. A discussion ensued confirming that these duties have always exsisted. The commission agreed no changes were to be made. Commissioner Ward brought up the subject of hybrid meetings, which could reduce greenhouse gases, and could save money on mileage, and expanding the duties in Rule 6-6. Officers and their Duties to include commission secretary. She said this would require subsequent changes. A discussion ensued to decide whether to include these subsequent changes into the rules. Deputy Tiapula reminded the commission that their scope and authority over staff does not exist and can't be addressed in the rules. Commissioner Ward asked why the capitalization of titles was changed and not capitalized. Deputy Tiapula responded that it's a legislative requirement. V. Chr. Kelepolo confirmed that Deputy Campbell addressed this requirement in an earlier meeting. After much discussion, the following non -provisional (grammatical, punctuation, etc.) changes were needed and agreed: • Remove the "to" in Rule 4.f. first sentence after forward ... on page 3. • Corrected the spelling "principle` in Rule 7-2 a. To "principal." • All ("") quotations marks must be of the same font and size. • All (`) okina must be the same font, and should represent Hawaiian punctuation. • The § mark must be the same format and consistent, for example: HRS §92. • The fonts should be consistent: Times Roman, 12pt. Commissioner Crivello withdrew her original motion and Chr. Chang called for a new motion. MOTION: Commissioner Crivello moved to adopt the rules with the following minor non -provisional changes: Minutes of May 8, 2023 Page 5 • Remove the "to" in Rule 4.f. first sentence after forward ... on page 3. • Corrected the spelling "principle` in Rule 7-2 a. To "principal." • All ("") quotations marks must be of the same font and size. • All (`) okina must be the same font, and should be according to Hawaiian punctuation. • The § mark must be the same format and consistent, for example: HRS §92. • The fonts should be consistent: Times Roman, 12pt. Commissioner Rosam seconded the motion. There being no further discussion or changes, Chr. Chang asked for a roll -called vote. Those who voted "Aye," were Commissioners Naungayan, V. Chr. Kelepolo, Rosam, Crivello, Ward, Lee, and Chr. Chang. Secretary Cutler announced approval with seven "ayes" and two vacancies, the motion passed unanimously. Chr. Chang called for a break and reconvened the meeting at 12:12 p.m. and moved to the next agenda item, VIII. NEW BUSINESS. VIII. NEW BUSINESS: (Motion(s) required) 1. Formation of PInG for Pre -Review of Stewardship Grant Applications. Chr. Chang explained the need to form a PInG for pre -review of Stewardship Grant applications. The purpose of the PInG would be to provide guidance and assistance in correctly completing the applications prior to the applicant turning it in by the deadline date. A concern was raised that having just one commissioner meet with an applicant for a pre -review could result in inconsistent advice provided to the applicant. Chr. Chang called for a motion to form a PInG to pre -review the Stewardship Grant Applications for Grant Year 2024. MOTION: Commissioner Crivello moved to form a PInG for pre -review of the Stewardship Grant Application for the year 2024. Commissioner Rosam seconded the motion. Chr. Chang called for discussion. Chr. Chang informed the commission that this idea came up during discussions held by the PInG that amended the Stewardship Grant Application and its Instructions. She mentioned that any application received by June 151" could be pre -reviewed and the PInG could make suggestions for improvement of their application before the deadline of August 31, 2023. She then asked for volunteers: Of those present: Commissioners Crivello, Rosam, and Chr. Chang volunteered to serve on this PInG. The scope of this PInG would be to perform a pre -review of any application filed by June 15, 2023. They could offer assistance to ensure that the application is complete and give advice. As a courtesy to all previous and current applicants, the applications will be emailed by the end of May with a note that this pre -review is available. There being no further discussion, Chr. Chang called for a roll -call vote. Those voted "Aye" were Commissioners Lee, Ward, Crivello, Rosam, V. Chr. Kelepolo, Naungayan, and Chr. Chang. Secretary Cutler announced approval with seven "ayes" and two vacancies, the motion passed unanimously. 2. Formation of PInG for 2024 Suggestion Form. Chr. Chang explained the need to make changes to the current form. This task could be Minutes of May 8, 2023 Page 6 done with a PInG. Chr. Chang called for a motion. MOTION: Commissioner Crivello moved to form a PInG to make changes to the current Suggestion Form. V. Chr. Kelepolo seconded the motion. A short discussion ensued regarding anticipated changes, due to the recent adoption of the new rules, charter changes, and the number of suggestions received. Chr. Chang called for volunteers: Commissioners Ward, Rosam, Lee, and V. Chr. Kelepolo volunteered. There being no further discussion, Chr. Chang called for a roll call vote. Those voting, "Aye" were Commissioners Lee, Ward, Crivello, Rosam, V. Chr. Kelepolo, Naungayan, and Chr. Chang. Secretary Cutler announced that with seven "ayes" and two vacancies, the motion passed unanimously. IX. ANNOUNCEMENTS: 1. The next public meeting is scheduled for Monday, July 10, 2023, at 10:00 a.m. — 2:00 p.m. at the Hawai'i County Building, 25 Aupuni Street, Suite 1401, Hilo, Hawai'i 96720. 2. Assessment Criteria Forms are due June 16, 2023, to Secretary Cutler. 3. Suggested agenda items are: a) 2023 Permitted Interaction Group Reports for Site Visits for discussion. i. Sugg. 23-01, 'Anaeho'omalu Kapalaoa, N. Kona, Hawai'i. TMK (3) 7-1-03:10. ii. Sugg. 23-02, Punahoa Heritage Forest, S. Hilo, Hawai'i. TMK (3) 2-5-01:11. iii. Sugg. 23-04, Ke Ala Kahawai o Waimea, S. Kohala, Hawai'i. TMK (3) various. b) 2023 Prioritized List. Commission to discuss, review, and rate. (motion needed). c) Finance Report to cover the following topics: i. Stewardship Grant Process ii. Stewardship Grant Awards: to whom, when, and totals. iii. Answer Commissioner Ward's concern about the 18 months vs. two-year contract. d) PInG for 2024 Suggestion Form Report (deferred for September Meeting) e) PInG for Pre -Review of Stewardship Grant Applications Report f) Discussion of holding hybrid meetings according HRS. 92-3.5 (maybe deferred for September Meeting) X. ADJOURNMENT (Motion required) With no further agenda items, Chr. Chang called for a motion to adjourn this meeting. MOTION: Commissioner Ward moved to adjourn the meeting. V. Chr. Kelepolo seconded the motion. Chr. Chang called for a verbal vote, and all present voted, "Aye." The motion passed and the meeting adjourned at 12:57 p.m. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION COMMISSIONER DEBORAH CHANG, Chairperson Minutes of May 8, 2023 Page 7