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HomeMy WebLinkAbout2024-07-08 Minutes APPROVED PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES July 8, 2024 Public Meeting I. CALL TO ORDER: On July 8, 2024, the regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) was called to order at 10:03 a.m. by Chr. Kelepolo, 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, Commissioner CD-1 Alexandra "Alex' Kelepolo, Chair (CHR.) CD-2 Amedeo Markoff, Commissioner CD-4 Deborah J. Ward, Commissioner CD-5 Jodie Rosam, Vice Chair(V. CHR.) CD-6 Justin Lee, Commissioner CD-7 (joined the meeting at 10:10 a.m.) La Crivello, Commissioner CD-8 Kamuela Plunkett, Commissioner CD-9 Vacant: District 3 Support Staff: Diana Mellon-Lacey, Deputy Corporation Counsel Representative (DCC) 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 agenda item V. DEPUTY CORPORATION COUNSEL REPORT. V. DEPUTY CORPORATION COUNSEL REPORT: DCC Diana Mellon-Lacey sat in for DCC Jean Campbell. On behalf of DCC Campbell, DCC Mellon- Lacey provided information regarding conservation easements. Cmr. Plunkett requested that DCC Mellon-Lacey repeat the part of the report explaining the process beginning from the step immediately preceding the appraisal. Minutes of July 8, 2024 Page 1 DCC Mellon-Lacey went over the basic steps of the acquisition process of conservation easements. Cmr. Chang asked what happens when the Owner of the parcel on which the County holds a conservation easement passes away and there is no clear inheritor. DCC Mellon-Lacey explained that the conservation easement stays with the land, so it would not affect the easement. Cmr. Lee asked what the County would do if a landowner did not follow the plans for the conservation easement. DCC responded that the County would need to file an injunction with the Court, and unless the agreement between the owner and the County specified a fine structure, it would be the Environmental Court that would determine the penalty, as explained in HRS 198.5. Cmr. Plunkett expressed his concerns regarding the enforcement of conservation easements; in his experience, the government finds it difficult to enforce them. He stated that placing enforcement stipulations into the deed is important during the easement negotiations. Chr. Kelepolo moved on to the next agenda item. VI. OLD BUSINESS: 1. Discussion regarding Permitted Interaction Groups(PInG)site visit reports: Chr. Kelepolo began by reminding everyone that she is the Vice President of Moku O Keawe Land Conservancy and will be recusing herself from the discussions surrounding 24-02 and 24-06,which will be read together so that she only needs to leave the room once. a) Sugg.24-01, Honalo Ahupua'a, N. Kona, Hawai'i. TMK(3) 7-9-005:008,009,039,&040 LORI MASON CURRY, representing the property owner, began her testimony by thanking the commission for their time and diligence in reviewing their submission, conducting site tours, and preparing reports about the property. She continued by stating that she was there to reiterate the owner's steadfast commitment to seeing the process through and working to preserve the property in perpetuity for conservation and preservation purposes and that the PONC program will allow them to meet those objectives while also meeting the fiduciary responsibilities they have to the trustee of the estate that owns the property. Chr. Kelepolo opened the floor to commissioners for discussion. Cmr. Lee shared his site visit experience and said that it is a really special place. There being no further discussion, Chr. Kelepolo moved on to the next agenda item, skipping 24-02, and opening testimony for 24-03. c) Sugg.24-03, Kaloko Residential Park, N. Kona, Hawai'i.TMK(3) 7-3-009:028(por) There being no testifiers and no discussion, Chr. Kelepolo moved on to the next suggestion. d) Sugg.24-04, Kapalaoa, N. Kona, Hawaii. TMK(3) 7-1-003:004,005,006,&011 There being no testifiers and no discussion, Chr. Kelepolo moved on to the next suggestion. Minutes of July 8, 2024 Page 2 e) Sugg.24-05, Kawainui Makai,S. Hilo, Hawai'i. TMK(3)2-7-011:001&(3)2-7-010:027 PHAETHON KEENEY spoke in support of Sugg. 24-05. She mentioned that the property is still for sale and has had a slight price drop. Chr. Kelepolo moved on to bring the next agenda items, Sugg. 24-02 and 24-06, to the table and turned the meeting over to V. Chr. Rosam before leaving the room at 10:30 a.m. b) Sugg.24-02,Joseph Rock Arboretum, N. Kona, Hawai'i. TMK(3)7-4-008:057 DEBBIE HECHT, President of Moku O Keawe Land Conservancy, testified in support of Sugg. 24-02. She said that Jill had just received matching funds from the Natural Resources Conservation Service for clearing and planting and had obtained an expansion of the climate-controlled seed bank. She also stated that Jill got a permit to build the pavilion. A discussion ensued between the commissioners and Ms. Hecht, at which point Secretary Braman reminded everyone that time was for testimony only and the commissioners could have their discussion after testimony was finished. V. Chair Rosam asked if there was any more testimony for that suggestion. There being none, she asked if commissioners had further discussions. There being none, she moved on to the next suggestion and welcomed the next testifier to the table. f) Sugg.24-06, Nani Kai Hoku Farm Agricultural Easement, N. Kohala, Hawai'i. TMK(3) 5-5-008:069 GAIL BYRNE-BABER, an owner of Nani Kai Hoku Farm, testified in support of Sugg. 24-06. She began by stating that most land trusts having an MRCS easement are required to carry insurance for enforcement of agricultural easements, and 50%of the funding for the ag easement of their farm comes from USDA MRCS. As part of that process, they had to be significantly vetted by the federal government, meeting a variety of criteria and making sure that their farmland made sense to preserve in perpetuity. JANET BRITT was next to testify on Sugg. 24-06. She began by giving a brief background about herself and her experience with conservation easements. She stated that she has been working with Gail since she moved to the island 15 years ago and is currently writing the easement, which should be completed within a week or so. Ms. Britt thanked the commission and asked if anyone had any questions. V. Chr. Rosam opened the floor for discussion amongst commissioners. A discussion ensued between commissioners, Ms. Byrne-Baber, and Ms. Britt regarding conservation easements. V. Chr. Rosam asked if there was any further testimony for Sugg. 24-06. There being none, she opened the floor to the commissioners for discussion. Cmr. Plunkett thanked Ms. Byrne-Baber and Ms. Britt before stating that the suggestion raises a few concerns that he wanted to bring before the commission. He said that, as a Minutes of July 8, 2024 Page 3 past land planner, he is sensitive to land speculation, meaning the valuation of land and its monetary value based on secured or potential entitlements. And, although not specific to Ms. Byrne-Baber and this particular suggestion, he expressed his concern about people using the fund in similar scenarios, and he is not able to see the public- private benefit. Cmr. Ward continued the discussion by stating that she sees this as the opposite of speculation and said if we are going to be preserving agricultural land in order to produce agricultural products being used locally for feeding our community, we need to protect land to do that. She also stated that she would like to learn more about easement liability insurance. Cmr. Lee commented that if this suggestion sparks similar properties to come through, it would require the PONC members to do their due diligence of ensuring that it isn't just a tax write-off and that the owners really have their heart in the right place. The commission continued with a lengthy conversation regarding agricultural conservation easements and concerns surrounding them. There being no further discussion regarding Sugg. 24-06, V. Chr. Rosam invited Chr. Kelepolo back into the room at 11:06 a.m. g) Sugg.24-07, Kaohe 1-3,S. Kona, Hawai'i. TMK(3) 8-7-009:005 ELIZABETH IRENE SHAVER spoke in favor of Sugg. 24-07. She testified that this parcel is part of preserving the South Kona coastline and that Huaka'i La volunteers have cleaned and cared for this parcel. MARK DUBEY spoke in favor of Sugg. 24-07. He shared about the parcel's features, including the elevation changes, which he says are great for plants and animals. He continued by saying that this parcel of land connects directly to the trail and other parcels that have historic value. CLIFF VICTORINE spoke in favor of Sugg. 24-07. He began by providing a brief introduction about himself. He continued by saying that this is a parcel that can be protected but once a developer owns that land, we can't control what they do. After Mr. Victorine finished his testimony, Cmr. Chang spoke and said there is a sizeable, cleared area by the mauka Road, and asked if you [it is unclear to whom this was directed] know how big that cleared area is and what the plan was for it? Dave Booth approached the microphone and began to reply to Cmr. Chang stating that Dan McKinley is the owner of the property. Before continuing, a commissioner asked him to state his name for the record. DAVE BOOTH continued by stating that the landowner dug a cesspool because he was going to put a barn area there and was going to look to develop five or six houses, which was kind of going to be his base yard. Minutes of July 8, 2024 Page 4 Cmr. Crivello spoke and said they observed the cleared area during their site visit, and it is probably just shy of two acres and it is being kept clear for showing of the property. MELANIE SEYLER testified that the property was mowed within the last couple days and it is being kept open so people can look at the property. Chr. Kelepolo asked if there were any further discussions for this suggestion. There being none, she moved on to the next suggestion. V. Chr. Rosam disclosed that she is a director of Ka 'Ohana Honu'apo and stepped out of the room. h) Sugg.24-08, Honu'apo, Ka'u, Hawaii. TMK(3)9-5-014:060,029 Cmr. Lee shared his experience during his site visit to Honu'apo and talked about the current 10-year lease agreement that the Owner has with the County. He mentioned that so many families use the existing park and during the short time of his site visit, seven or eight families had come; some were fishing and throwing net, and others were walking around the area. Cmr.Ward spoke and said Honu'apo has been such a treasure ever since it got cleaned up considered whether it would be better for PONC to purchase the property or if the County should purchase it because they're already leasing it for$70,000 a year. She asked why the County hasn't bought it with Parks& Recreation funds and if it is the responsibility of PONC to rescue Parks & Rec. Chr. Kelepolo shared that besides Punalu'u, Ka'u doesn't have any other safe swimming areas for families. Cmr. Ward asked DCC Mellon-Lacey if there is any guidance on the acquisition of park land versus PONC land. DCC Mellon-Lacey was unable to provide guidance as it would depend on the land and the property's plan. There being no further discussions, Chr. Kelepolo invited V. Chr. Rosam back into the room at 11:34 a.m. i) Sugg.24-09, Upolu Point, N. Kohala, Hawai 'i.TMK(3)5-5-007:002 GAIL BYRNE-BABER, board member for Kohala Lihikai,the nominating organization for this parcel,testified in favor of Suggestion 24-09. She shared that there is a community celebration with lineal descendants, and primarily a gathering to focus on giving gratitude for moving the parcel forward towards permanent protection that it deserves. Chr. Kelepolo asked the commissioners if anyone had anything further to add regarding this suggestion. There being no further discussion, she opened the floor to those wishing to testify on the next suggestion. Minutes of July 8, 2024 Page 5 j) Sugg.24-10, Minuke Ole Corral Bull Pen,S. Kohala, Hawai T TMK(3) 6-7-002:055 BILL SANBORN, president of Waimea Preservation Association, began his testimony by stating that he, his organization, and other groups such as Rotary and Royal Order have been volunteering to take care of Minuke Ole Park, which is under lease to the YMCA for$1 a year for 99 years. He shared history about the current lease and Parker Ranch's involvement. He said the property has viewplanes and open space and has been used for years by the community for events. Chr. Keleplo opened the floor for discussion amongst the commissioners. Cmr. Chang asked the last testifier if Parker Ranch was aware that this property was being suggested and if so,what is their position on it. The testifier stated that Parker Ranch's management has changed but he didn't think Parker Ranch would have a problem with it. DCC Mellon-Lacey brought up a point of order to advise the commission that they shouldn't engage and ask questions of testifiers, who are often there to provide their own opinions. If the commission needs more facts on a property,there are more appropriate ways of obtaining factual information. Cmr. Chang expressed her concern that when the commission has fact-finding questions, who should they ask? Cmr. Markoff spoke and asked what type of commercial activities have been taking place on the property, how it is used, and what is planned there. He suggested that perhaps the commission could make a list of questions. Secretary Braman reminded the commission that the scores were due by the end of the meeting, and the time for fact-finding questions was in previous meetings. Chr. Kelepolo said that the commission had the opportunity to ask questions at the March meeting. Before moving on to the next agenda item, one more testifier requested to speak on Sugg. 24-10. DICKSON MAULILI, testified in support of Suggestion 24-10. He expressed that there is an urgency because Parker Ranch is evolving with a change of management and possibly a change of ownership. He said he wants to ensure that the park continues to be for community use. Before moving on to the next agenda item, Chr. Kelepolo called for a recess at 11:47 a.m. The meeting was called back to order at 11:59 a.m. and proceeded to the next agenda item, NEW BUSINESS. Minutes of July 8, 2024 Page 6 VII. NEW BUSINESS: 1. 2024 Prioritized List. Commission to discuss, review,and rate the following suggestions: (a) Sugg. 24-01, Honalo Ahupua'a, N. Kona, Hawai'i. TMK(3) 7-9-005:008, 009, 039, &040 (b) Sugg. 24-02,Joseph Rock Arboretum, N. Kona, Hawai'i. TMK (3) 7-4-008:057 (c) Sugg. 24-03, Kaloko Residential Park, N. Kona, Hawai'i. TMK (3) 7-3-009:028 (por.) (d) Sugg. 24-04, Kapalaoa, N. Kona, Hawai'i. TMK(3) 7-1-003:004, 005, 006, &011 (e) Sugg. 24-05, Kawainui Makai, S. Hilo, Hawai'i. TMK(3) 2-7-011:001 & (3) 2-7-010:027 (f) Sugg. 24-06, Nani Kai Hoku Farm Agricultural Easement, N. Kohala, Hawai'i. TMK(3) 5-5- 008:069 (g) Sugg. 24-07, Ka'ohe 1-3, S. Kona, Hawai'i. TMK(3) 8-7-009:005 (h) Sugg. 24-08, Honu'apo, Ka'u, Hawaii. TMK(3) 9-5-014:060 &029 (i) Sugg. 24-09, Upolu Point, N. Kohala, Hawai'i. TMK(3) 5-5-007:002 (j) Sugg. 24-10, Minuke Ole Corral Bull Pen, S. Kohala, Hawai'i. TMK(3) 6-7-002:005 MOTION: V. Chr. Rosam moved to approve the draft prioritized list. Cmr. Lee seconded the motion. The commission discussed each suggested property, with commissioners sharing their experiences and observations and concerns discovered during their site visits. Cmr. Lee was excused and left the meeting at 12:30 p.m. Chr. Kelepolo left the room during discussions regarding Joseph Rock Arboretum and Nani Kai Hoku Farm Agricultural Easement. V. Chr. Rosam left the room during the discussion regarding Honu'apo. After all discussions regarding the properties were finished, Chr. Kelepolo called for a recess at 1:05 p.m. to allow commissioners to review and adjust their scores. Che. Kelepolo called the meeting back to order at 1:18 p.m. Secretary Braman distributed the revised prioritized list to the commission. MOTION: V. Chr. Rosam withdrew her motion and made a new motion to accept the revised prioritized list. Cmr. Crivello seconded the motion. The prioritized list was read in ranking order: No. 1: Sugg. 24-04, Kapaloa, 87.429% No. 2: Sugg. 24-05, Kawainui, 86.714% No. 3: Sugg. 24-07, Ka'ohe, 85.714% No. 4: Sugg. 24-01, Honalo, 85.714% No. 5: Sugg. 24-09, Upolu, 82.143% No. 6: Sugg. 24-08, Honu'apo, 78.333% Minutes of July 8, 2024 Page 7 No. 7: Sugg. 24-02,Joseph Rock Arboretum, 77.667% No. 8: Sugg. 24-06, Nani Kai Hoku Farm Agricultural Easement 71.833% No. 9: Sugg. 24-10, Minuke Ole Corral Bull Pen, 71.000% No. 10: Sugg. 24-03, Kaloko Residential Park, 51.714% The meeting was recessed for lunch from 1:21 p.m. and reconvened at 1:37 p.m. Chr. Kelepolo asked for a roll-call vote on the motion to accept the revised prioritized list. Ayes: Cmr.'s Chang, Markoff, Ward, Crivello, Plunkett, V. Chr. Rosam, and Chr. Kelepolo; Excused: Cmr. Lee Vacancy: District 3 The motion passed, and the prioritized list was accepted. IV. DEPARTMENT OF FINANCE REPORT Property Manager Hamana Ventura reported that the PONC Fund balance is $18.7 million and the Maintenance Fund balance is $3.2 million. Mr.Ventura then shared that the Department of Finance has been reviewing and reevaluating the process surrounding the Stewardship Grant program and, in that process, was reminded that it is the role of the commission to explore methods of funding and acquisition as well as review, evaluate, and make recommendations to the Director of Finance regarding stewardship grant applications from non-profit groups. As stated in the Hawai'i County Code, those recommendations shall address whether grant applications comply with the County Charter and Code and whether the applicants can complete the proposed projects on time and within budget. Cmr. Ward asked questions regarding the process of having the commissioners be more involved with the process, to which Mr. Ventura replied that the Department of Finance is still evaluating the program and processes but is looking to possibly mirror or be consistent with the way other County grant programs are handled. A discussion ensued regarding stewards' time to complete projects and the possibility of changing the grants to be awarded over a longer period. Minutes of July 8, 2024 Page 8 VII. NEW BUSINESS (continued): 2. Choose volunteers to write the summaries for the 2024 Annual Report to the Mayor The commission decided that summaries for each suggestion will be written by the commissioner who wrote the site visit report for each of the suggestions: Sugg. 24-01: Cmr. Lee and Cmr. Rosam Sugg. 24-02: Cmr. Chang Sugg. 24-03: Cmr. Rosam Sugg. 24-04: Cmr. Crivello Sugg. 24-05: Cmr. Chang Sugg. 24-06: Cmr. Ward Sugg. 24-07: Cmr. Crivello Sugg. 24-08: Cmr. Lee Sugg. 24-09: Cmr. Plunkett Sugg. 24-10: Cmr. Plunkett Summaries are due to Secretary Braman by August 23, 2024. III. MINUTES: (Motion(s) required) 1. Minutes (draft) of May 13, 2024, regular meeting MOTION: Cmr. Chang moved to approve the May 13, 2024, minutes as drafted. Cmr. Ward seconded the motion. There being no corrections to the minutes, Chr. Kelepolo called for a verbal vote, and all present voted, "Aye." The motion passed with 7 members voting "Aye," Cmr. Lee being excused, and 1 vacancy. VII. ANNOUNCEMENTS: 1. The next public meeting is scheduled for Monday, September 9, 2024 at 10:00a.m. — 1:00 p.m. at the Hawaii County Building Council Chambers, 25 Aupuni Street,Suite 1401, Hilo, Hawaii 96720. A discussion ensued regarding the potential for needing to schedule a Special Meeting to review Stewardship Grants. A tentative date of September 30, 2024, was agreed upon, and the venue was to be determined during the September 9, 2024 meeting. 2. Suggested agenda items for the Monday, September 9, 2024 regular meeting. Chr. Kelepolo reminded commissioners that the September meeting is usually lengthy due to the review of stewardship grant applications and suggested that the September agenda be minimized. Suggested agenda items are: a. Report from Stewardship Grant Pre-Review PInG b. Review and approval of the 2025 Stewardship Grant Applications Minutes of July 8, 2024 Page 9 IX. ADJOURNMENT(Motion required) MOTION:V. Chr. Rosam moved to adjourn the meeting. Cmr. Chang seconded the motion. Chr. Kelepolo called for a verbal vote, and all present voted, "Aye."The motion passed, and the meeting adjourned at 2:35 p.m. PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION COMMISSIONER ALEXANDRA KELEPOLO, Chairperson Approved: October 7, 2024 Minutes of July 8, 2024 Page 10