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HomeMy WebLinkAbout2024-05-13 Minutes APPROVED PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES May 13, 2024 Public Meeting I. CALL TO ORDER: On May 13, 2024, the regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (POMC) was called to order at 10:01 a.m. by Chr. Kelepolo, who welcomed all in attendance, and introduced the Commissioners of the Commission and POMC Staff.Those that were present constituted a quorum. Present: Deborah Chang, Commissioner CD-1 Alexandra "Alex' Kelepolo, Chair (CHR.) CD-2 Amadeo Markoff, Commissioner CD-4 Deborah J. Ward, Commissioner CD-5 Jodie Rosam, Vice Chair(V. CHR.) CD-6 La Crivello, Commissioner CD-8 Kamuela Plunkett, Commissioner CD-9 Absent: Justin Lee, Commissioner CD-7 (excused) Vacant: District 3 Support Staff: Jean Campbell, Deputy Corporation Counsel Representative Hamana Ventura, Property Manager Department of Finance Eva Braman, Commission Secretary II. STATEMENT(S) FROM THE PUBLIC: Chr. Kelepolo opened the floor for public testimony and explained that testimony may be made at the beginning of the meeting or immediately preceding the agenda item being opened for deliberation by the Commission. Testifiers in the chamber signaled their preference to provide testimony immediately preceding the agenda item.There being no objections, Chr. Kelepolo changed the agenda order and began the meeting with "NEW BUSINESS." V. NEW BUSINESS: 1. Presentation by Permitted Interaction Groups"PInG"of site visit reports. Chr. Kelepolo stated that commissioners would not discuss at this meeting but would hold discussions at the next meeting. Draft-Minutes of May 13, 2024 Page 1 a) Sugg.24-01, Honalo Ahupua'a, N. Kona, Hawai'i. TMK(3) 7-9-005:008,009,039,&040 There being no testifiers, Chr. Kelepolo requested that the PInG representative provide the report for this suggestion. V. Chr. Rosam gave a brief recap of those present and reported that they hiked along the coast and identified the property boundary lines. During discussions,they were able to better understand the organizations that could help with the stewardship of the area and its significance. b) Sugg.24-02,Joseph Rock Arboretum, N. Kona, Hawai'i. TMK(3)7-4-008:057 Chr. Kelepolo disclosed that she is the Vice President of Moku O Keawe Land Conservancy; however, she consulted with Deputy Corporation Counsel Jean Campbell. Since there would not be any discussions regarding this suggestion, she would not recuse herself at this time but would recuse herself at the next meeting. She then opened the floor for public testimony for this suggestion. JILL WAGNER, Owner of Joseph Rock Arboretum, spoke in support of Sugg. 24-02. She gave a brief overview about herself and shared her vision for a place where people can go to learn about forestry.The arboretum is a seed bank that acts similar to a safety deposit box where partners can store their seeds.Jill's wish is for this place to be open to the public after she passes away. DEBBIE HECHT, Pres of Moku O Keawe Land Conservancy, spoke in support of Sugg. 24- 02. Ms. Hecht states that her organization would hold the land conservation easement. She shared that on their original suggestion form, they submitted 37 acres; however, they have increased it to 48 acres, including the seed bank area and the future forest. She shared that the property has a deed restriction and cannot be subdivided, so all 48 acres will need to be intact. There being no further testifiers for this suggestion report, Chr. Kelepolo requested that the PInG representative provide the report for this suggestion. Cmr. Chang briefly explained how she organized the report and expressed that at the time of the site visit, the suggestion only included approximately 37 acres but has since been increased to almost 48. Considering the property has only been owned by the current owner for less than five years, the accomplishments thus far are a testament to the owner's tireless and passionate commitment to the protection of Native Hawaiian flora.There is a 7.5-acre dryland forest of rare and threatened Native Hawaiian plants, a sturdy fence line, fire break, solar power, and a fully functioning seed bank. Cmr. Ward added that it was an inspiring and heartening site visit. c) Sugg.24-03, Kaloko Residential Park, N. Kona, Hawai'i.TMK(3) 7-3-009:028(por) There being no testifiers for this suggestion report, Chr. Kelepolo requested that the PInG representative provide the report for this suggestion. Draft-Minutes of May 13, 2024 Page 2 V. Chr. Rosam gave a brief overview of the attendees,which included James Agena, landowner's representative, and Chelsea Javar-Salas from U.S. Fish and Wildlife Service. Most of the site visit was spent with Chelsea in the a'a. V. Chr. Rosam expressed that the site report speaks for itself. Cmr. Ward added that she discussed the fencing with Mr. Agena and asked why they hadn't followed the MOU. Mr. Agena said that they have been spending all their money addressing the homeless living near the makai section, which has been costly, and they weren't planning to spend more. Ms. Ward said that it was disheartening because thousands of plants had been planted, and most of them were no longer there. d) Sugg.24-04, Kapalaoa, N. Kona, Hawaii. TMK(3) 7-1-003:004,005,006,&011 Cmr. Crivello gave a recap of the site visit, those present, and reported that it was a beautiful site visit.The property was nominated by'ohana, who have genealogical ties to the property. She shared that the 'ohana have a lot of support from the government and non-government entities, and they will have lots of support moving forward with stewardship.The property is rich in natural resources. Chr. Kelepolo added that going on these site visits, especially with the 'ohana'from that particular place, is very emotional, and it feels like they're coming home. She also expressed the urgency about this property and the financing situation with it being in the hands of the bank.They just want to sell the property. e) Sugg.24-05, Kawainui Makai,S. Hilo, Hawaii. TMK(3)2-7-011:001&(3)2-7-010:027 Cmr. Chang expressed how it is fitting to share the report as this nomination is in the district of Hamakua,which she represents. She speaks with pride in sharing about this unique place.The attendees got soaking wet that day, so Kawainui, the big water, lived up to her name. There is a willing seller, and whoever is willing to meet the asking price of a little over$8 million will get it. She added that we have an opportunity to have a property that would be for public benefit and for future generations as compared to what seems to be happening up and down the Hamakua coast,where places become private Shangri La and luxurious estates.The people do not have a chance to see it anymore. Cmr. Crivello shared that the relationships that the lawai'a have there is integral to who they are, and some of them have been going there for a very long time and know the waters better than anyone; but they're also invested in making a space for the rest of our community to learn.There is an opportunity for aquatic study for all ages. Cmr. Ward added that she was impressed with the knowledge of the attendees of that visit, their knowledge of the mo'olelo and the names of every single valley, and their stories of how important that estuary is to the fisheries of the entire coastline. Draft-Minutes of May 13, 2024 Page 3 f) Sugg.24-06, Nani Kai Hoku Farm Agricultural Easement, N. Kohala, Hawai'i. TMK(3)5-5-008:069 Chr. Kelepolo opened the discussion by disclosing that she is the Vice President of the Moku O Keawe Land Conservancy and that she would not recuse herself as there will be no discussion, but she would recuse herself at the next meeting during discussions regarding the site visit for this nomination. GAIL BYRNE BABER, Nani Kai Hoku Farm, speaking in support of Support of Sugg. 24-06. Ms. Byrne Baber testified that she came for three updates on funding.The USDA has already approved a grant for their farm to help with the agricultural easement.They had to secure a portion of that funding from another budget on the mainland, so the project will go through, no matter what. It was just a matter of timing that they were able to get that extra funds but they got it and the funds are now encumbered.The other one was the Legacy Land folks; the Board of Land and Natural Resources put the final stamp of approval on that. A nice chunk of funding has been gathered for that agricultural easement. Ms. Byrne Baber clarified that they have no intention of selling the farm. They are doing this for succession planning and finding a way to keep it in the family for a long time. She added that they got a grant from the Department of Agriculture for fencing. There being no further testifiers, Chr. Kelepolo opened the floor to the PInG to share their report. Cmr. Ward briefly summarized the PInG attendees and what they saw on the site visit. She then stated that she wants to focus on the special opportunity and doesn't think there is a broad understanding of what a conservation or agricultural easement is. When she was a child in Pennsylvania,those kinds of agricultural easements were set aside so that there would be open space, protected agricultural activity near towns, and also an opportunity to protect future farming in an area where development is enormous. Cmr. Ward continued on with her thoughts about the terms of conservation-easements including no rezoning or subdivision, a limit on impervious surfaces, preservation of pollinator habitat, maintenance of organic and regenerative certifications, food production, and annual public education. An agricultural easement is important because we're providing the funding to keep that agriculture open, and if it were to be resold, it would stay in agriculture because of its dedication and easement. She then mentioned her main concern about conservation easements comes with oversight by non-profits and questions how to incorporate a way of making the non-profit somewhat solvent in their efforts to maintain monitoring and protection of that area. It might be expected that, at some point, someone may have a different idea than what was originally envisioned. It's something that may come up as a discussion at some point.The Commission may want to discuss how non-profits that enforce and maintain conservation and agricultural easements can participate in the maintenance fund or some other funding source. Cmr. Chang added that it would be a relatively small expense for POMC to enter into an Draft-Minutes of May 13, 2024 Page 4 agricultural easement because of the extensive cost-sharing that seems to have been planned ahead of time. Cmr. Crivello added that we hadn't done this before, but we are supposed to.They've put a lot of work into acquiring funds ahead of time. Although it is small, the impact of setting this precedent with POMC for ag easements is big. She continued on to say that it was really inspiring to learn how to go through this process so that we can support other farmers in the future and protect the lands to feed our community so that we're not so dependent on external sources for food. g) Sugg.24-07, Ka 'ohe 1-3,S. Kona, Hawai'i. TMK(3)8-7-009:005 Cmr. Crivello began by sharing that a really large group from the community participated in this site visit. She was impressed by the unique and diverse community members, including homeowners, lineal and cultural descendants, and State and Federal agencies. During the site visit, they observed various native plant species and ancient historic trail systems. [During Cmr. Crivello's presentation, representatives and supporters of this suggestion entered the Chambers] Cmr. Ward added that it was an impressive site visit and thanked the community for giving such a great overview. As the supporters of this suggestion did not have an opportunity to testify at the beginning of the meeting or immediately preceding this agenda item, Chr. Kelepolo offered them the opportunity to testify at this time. CLIFFORD VICTORINE, speaking on behalf of himself and his 'ohana, supports this nomination. He appreciates the opportunity to present this to the Commission. DAVE BOOTH spoke in support of this nomination. MELANIE SEYLER, apologized for being late then spoke in support of this nomination. h) Sugg.24-08, Honu'apo, Ka'u, Hawaii. TMK(3)9-5-014:060,029 With Cmr. Lee being absent, Chr. Kelepolo suggested that the commissioners read the report and discussions can be held at the next meeting. i) Sugg.24-09, Upolu Point, N. Kohala, Hawai 'i.TMK(3)5-5-007:002 Seeing as though Cmr. Lee was absent, Cmr. Plunkett volunteered to report on this site visit and began by sharing his thoughts on easements. He states that he is not against easements but due to his experience working in the Planning Division, he mentions the difficulty that departments have to resolve issues because the easement language wasn't specific enough and encourages starting with a good foundation. Draft-Minutes of May 13, 2024 Page 5 Chr. Kelepolo suggested that the discussion regarding easements can be put on the agenda for the next meeting. Cmr. Plunkett continued about the site visit. He spoke about the winds of this place and the mana that has inspired generations of leaders that affect us still today and there is special opportunity there because of an existing public access road. Cmr. Crivello shared that during the visit, she learned about family connections to the property and expressed the importance of relationships with those who can share history and stories about the place. j) Sugg.24-10, Minuke Ole Corral Bull Pen,S. Kohala, Hawai 'i.TMK(3) 6-7-002:055 Cmr. Plunkett began by giving a brief overview of those who attended the site visit before sharing some history about the property. He shared that there is a historic map that labels this particular property as Ala Chia. Chr. Kelepolo added that with so many of the surrounding properties being sold, developed, and subdivided, the community is concerned about the same happening to this historic place. A discussion ensued by commissioners about the site reports that the PlnG groups just shared. Chr. Kelepolo moved back to the top of the agenda. III. MINUTES: (Motion(s) required) Chr. Kelepolo deferred the draft of the March meeting minutes to the next meeting. IV. DEPARTMENT OF FINANCE REPORT: Property Manager Hamana Ventura shared that the fund is back to a little over$18.5 million. Acquisitions in the previous year put a dent in the balance, but the fund is healthy again thanks to the income from property taxes. Regarding the maintenance fund, he reported that efforts were made to distribute stewardship grant funds from the previous year's grant applications. Still, the balance is currently back over$3 million. Mr.Ventura added that within the next 60 to 90 days, he expects large expenditures to be disbursed to the stewards. Mr.Ventura then shared that 'Anaeho'omalu was awarded $3 million from Legacy Land and the request from the County is $4.4 million. Property Management is working to ensure that progress continues toward that particular acquisition. Cmr. Ward commented that some of the properties being reviewed this year have a very high urgency as they could be sold before a report is submitted to the Mayor and then asked if the Commission could make recommendations earlier than December so that some of the properties could be acquired, or the intent for acquiring the property could be communicated to the sellers. Mr.Ventura replied that the previous year's report was done early, so they could try to get this year's report out early, too. A discussion ensued about the timing of the Annual Report to the Mayor. Draft-Minutes of May 13, 2024 Page 6 Cmr. Plunkett thanked the PONC staff and Jean Campbell for their work and stated that funds flowing out mean everyone is doing a great job. He continued by asking the Commission and staff about the need for additional support and said he hopes to have further discussions about how the Commission can support the division's administrative needs. Cmr. Ward thanked Mr. Ventura and said she supports hiring staff to support the program. She added that she is in communication with stewards that are very anxious to use funds that have been allocated but are not yet distributed. Cmr. Markoff asked Mr. Ventura to elaborate on an agenda item discussed at a recent County Council Finance Committee meeting regarding excess maintenance funds being rolled into another account. Mr. Ventura explained that the maintenance fund is capped at$3 million, and excess funds are transferred into the general fund. A discussion ensued regarding the status of the acquisition of previously suggested properties. Chr. Kelepolo moved to the next item on the agenda. V. NEW BUSINESS (CONTINUED): 2. Review and evaluate the process and formatting of the Site Visit Reports completed by commissioners. Chr. Kelepolo informed the Commission that Cmr. Chang asked that this item be placed on the agenda. Cmr. Chang stated that she asked that this be placed on the agenda so the Commission could share their experience with the process and formatting and reflect on how it could be made better. A discussion ensued, with commissioners sharing their experience writing the site visit reports. Some commissioners offered suggestions and commented on what worked well for certain groups. With all in agreement, the Commission will continue to utilize the current format. With no further discussion regarding this item, Chr. Kelepolo moved on to the next agenda item. 3. Formation of Permitted Interaction Group"PInG" to determine if a Pre-Review of Stewardship Grant Applications will provide benefits to grant applications. Chr. Kelepolo called for a motion to form a PInG. MOTION: Cmr. Markoff moved to form a PInG. Cmr. Chang seconded the motion. Chr. Kelepolo called for volunteers, and then a discussion ensued. Cmr. Markoff, Cmr. Crivello, and Cmr. Chang volunteered. Chr. Kelepolo called for the motion to be amended to include the names of the Commissioners that have volunteered for the PInG. MOTION: Cmr. Markoff moved to amend the motion to form a PInG to include Cmr. Draft-Minutes of May 13, 2024 Page 7 Markoff, Cmr. Crivello, and Cmr. Chang. Cmr. Ward seconded the motion. Chr. Kelepolo called for a roll call vote.Those voting "aye" were Cmr. Crivello, V. Chr. Rosam, Cmr. Chang, Cmr. Plunkett, Cmr. Markoff, Cmr. Ward, and Chr. Kelepolo. Secretary Braman announced approval with seven "ayes," one vacancy, and one absent. VI. ANNOUNCEMENTS: 1. The next public meeting is scheduled for Monday,July 8, 2024, at 10:00 a.m.—1:00 p.m. at the West Hawai'i Civic Center 74-5044 Keohokalole Hwy., Kailua-Kona, Hawai'i 96740. 2. Suggested agenda items are: a) Approval of Minutes from the March 11, 2024 meeting b) Discussion of the PInG site visit reports c) 2024 Prioritized List. Commission to discuss, review, and approve. d) Select volunteers to write the summaries for the 2024 Annual Report to the Mayor e) Report from the PInG on alternative funding sources f) Report from the PInG on Pre-Review of Stewardship Grant Applications. g) Discuss creating policies for how parcels can be used. Examples: commercial use, camping, etc. (This may be deferred to the September meeting.) VII. ADJOURNMENT(Motion required) With no further agenda items, Chr. Kelepolo called for a motion to adjourn the meeting. MOTION:V. Chr. Rosam moved to adjourn the meeting. Cmr. Crivello seconded the motion. Chr. Kelepolo called for a verbal vote, and all present voted, "Aye."The motion passed, and the meeting adjourned at 12:11 p.m. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION COMMISSIONER ALEXANDRA KELEPOLO, Chairperson Draft-Minutes of May 13, 2024 Page 8