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HomeMy WebLinkAbout2006-07-10 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Kona Mtg)HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES — REGULAR SESSION July 10, 2006, 10:00 a.m. Department of Liquor Control Conference Room 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawai` i Present: Kenneth Kaneshiro Paul Campbell (arrived at 10:47 a.m.) John Replogle Jocelyn Garovoy Hannah Springer E. Kalani Flores Ruth Walker Absent: Benedict Yung Laura Schuster Others Present: Amy Self, Deputy Corporation Counsel Stacie Waltjen, Secretary CALL TO ORDER The meeting was called to order by Chair John Replogle at 10:10 a.m. A recess was immediately then called by Chair Replogle and called back to order at 10:11 a.m. STATEMENTS FROM THE PUBLIC Keoni Alvarez Mr. Alvarez spoke on behalf of an ancient burial site located in Puna in the Ainaloa subdivision. Mr. Alvarez is requesting the County of Hawaii purchase this burial site. Mr. Alvarez's purpose is to preserve this ancient Hawaiian burial site because it preserves his cultural and who they are. It demonstrates his respects to his Kupunas. While searching through his family genealogy, he discovered that his great aunts once lived in the Puna district. Because of this connection, his family became the cultural descendents. The State of Hawai`i's archaeologists completed an investigation 17 years ago, however no documentation was ever made. The property on which this burial site is located was recently purchased by Daryl Rapozo. Mr. Rapozo's plan is to construct two homes on the subject property and sell it. Mr. Rapozo is willing to sell the land for the same amount he purchased it for, $51,000.00. Since learning of Mr. Rapozo's plan, Mr. Alvarez is working under tight time constraints. The property has been registered and given a historical site number. Mr. Alvarez has been recognized by OHA, Island Burial Council and the State Historic Preservation Division as cultural descendants and /or beneficiaries. Due to the State of Hawai`i's lack of funding to protect ancient Hawaiian burial sites, desecration has occurred. Mr. Alvarez would like to start preserving this particular site because it has not been "hit ". It's a win -win situation if they all work together in trying to help each other out. Mr. Alvarez stated if the County has monies to purchase these kinds of properties, this parcel would be a good candidate. The State of Hawaii plans on doing a thorough survey of the entire cave at the end of this month. Mr. Alvarez states it's a very large cave that could easily fit an entire house in it. Mr. Alvarez then stated from what he's learned, as a cultural way, the cave is a part of the burial and being that this is the way that people can gain access and desecrate, this is what they are trying to prevent from happening. Chair Replogle asked Mr. Alvarez if there was anything that the State could do to stop anything from happening on the land before any funding can be found. Mr. Alvarez stated because it's marked as a historical site, anything that the land owner does would be considered a state offense because it's marked in the historical registration. Mr. Alvarez stated that the police have already been informed of the situation. Chair Replogle then asked Mr. Alvarez what he would propose to do with the site should it be purchased with County tax dollars. Mr. Alvarez stated that because cave is "open ", he plans on having a cap put on the cave to seal it, so the remains would remain undisturbed. Once the site is protected and preserved, then he would like to build a monument built, similar to those on Oahu, indicating it as a historical site. Commissioner Kaneshiro asked what the estimated cost was. Mr. Alvarez replied that it was $51,000.00 for half an acre. Mr. Alvarez stated with the amount of "loopholes" in the State, purchasing the property is the only way to have sure protection that the site will be taken cared of. Lineal and direct descendents are having a hard time and are being locked out. They don't know if the next purchaser would be as culturally sensitive about ancient Hawaiian burial sites. Mr. Alvarez stated that he spoke to the Office of Hawaiian Affairs however, in their current situation it will take years before they could offer help. The Office of Hawaiian Affairs is currently trying to find the means and funds to assist them. The Lieutenant Governor is also trying to help 2 in locating funding to purchase the property. Chair Replogle suggested that the County may pay for a portion of it. Mr. Alvarez was open to any collaboration. Commissioner Garovoy asked about non - profit organizations. Mr. Alvarez stated that they contacted the Big Island Land Trust and they are assisting him in hiring an attorney. Commissioner Garovoy asked about groups such as E Ke Aina and Mr. Alvarez stated that they were helping by stating not to desecrate. Deputy Corporation Counsel Amy Self then commented about a case that she's currently involved in where a person bulldozed a historical site which was supposed to be preserved. She stated that the State and County depend on the people who live in the area to let them know what's going on. Mr. Alvarez stated that he has a meeting with the Mayor on July 18, 2006 to bring this issue to his attention. Chair Replogle encouraged Mr. Alvarez to not give up because he will succeed. Aileen Alvarez then asked if the Commission would be able to help and Chair Replogle stated yes and the Commission would assist. Chair Replogle stated that the County Council makes the decision as to how the monies will be spent but the Commission can make recommendations. Commissioner Springer commended Mr. Alvarez on his diligence and citizenship on this matter. She stated that after reading the letter from Mr. Clyde W. Namu'o from the Office of Hawaiian Affairs, it certainly looked encouraging. Commissioner Springer also looked at the transcripts from his appearance before the Hawaii Island Burial Council and asked about Mr. Lindsey statement that it would be like "capping your cesspool ". Commissioner Springer asked if that was what they were planning on doing. Mr. Alvarez then replied that they will be having another meeting with the Burial Council to discuss putting a temporary cap because the State has to come back for a second time and do a thorough investigation so that they will have an accurate and legal mapping of the cave. Commissioner Springer commented on some of the things that they've done with interim burial treatments in her homeland were putting up temporary signage in the entrance, citing the proper statutes and guidelines and setting up generous buffers over the surface of the cave in its entirety to prevent inadvertent collapse by any of the equipment. Mr. Alvarez stated that they did put signage in the cave stating Kapu and that they will put up more signs stating the laws. Aileen Alvarez stated it was a quarter acre a piece because the cave runs underneath two lots. Mr. Alvarez then stated that Mr. Rapozo owns both lots and is willing to sell both at one time and that he did the surveying to check where the caves are and they discovered the cave is on TMK No. 1 -6- 090:079; 10 feet away from both boundary lines. Mr. Rapozo wanted to see which property the whole cave rests under but discovered that the cave lies under both properties because its size. Commissioner Garovoy stated that the Land Trust has done and is presently doing is when they can't find monies to assist right away, they go out to the community and identify wealthy individuals to temporarily loan the monies to purchase and continue to reimburse them over time. Mr. Alvarez said that they were looking into that but he was not agreeing to take anything until he gets the full amount. Chair Replogle then stated that when they do get something, to record it so when they go to County Council or OHA for funding, they could say that they have a specific amount of money already. Chair Replogle asked who would eventually end up controlling the land. Mr. Alvarez stated that since he is not a 501 C3, he spoke with Mike of the Big Island Land Trust, who is a 501 C3 non - profit organization and Mike is looking into it. Deputy Corporation Counsel Amy Self stated that it could possibly be the Office of Hawaiian Affairs even if the County provides the monies, it could go under their name. Mr. Alvarez stated that he just wants it to be conserved. Deputy Corporation Counsel Amy Self then stated that the issue with the County is liability. 2. Aileen Alvarez Ms. Alvarez spoke of her great grandparents and grandmother who spoke fluent Hawaiian. Her grandmother "hanai" her when she was two years old. Growing up her grandmother was ashamed to be Hawaiian because every time she spoke fluent Hawaiian at school, they would hit her with a stick. As an adult, her grandmother was ashamed to be a Hawaiian because of all of what they did to the Hawaiian people. Today as a Kanakamaole, Ms. Alvarez said that she would explain to her grandmother to not be ashamed and that they can succeed in some things and this is one of them that they are fighting for. Ms. Alvarez stated that there are many other Hawaiian communities seeking to protect and preserve the Hawaiian culture and their way of life from being desecrated. Ms. Alvarez stated that this ancient Hawaiian burial has re- instilled how important her culture is to her because it's right next to her home. She feels strongly about protecting this burial site. It's her ohana and ancient in Hawaiian relatives. She has been taking care of this burial site for 17 years now and she wants somebody to purchase and take care of it because so many have been desecrated. Ms. Alvarez believes that the United States has taken their land and discouraged them from their dignity. Ms. Alvarez then stated, "I plead to you to purchase the Tax Map Key 1 -6- 091:054 and 1 -6- 090:079, a previously identified burial site that needs to be protected and I ask for your help." Mr. Alvarez asked what the next step would be after this process. Chair Replogle stated that when the Commission receives the completed survey forms, the Commission will rank each parcel and then provide a list to the Mayor who goes through each of the parcels listed and make adjustments. The list is then given to the County Council. This Commission can mention the possibility of partnerships with OHA or a private person who might be interested. Chair Replogle stated that Mr. Alvarez needed to think about who is going to receive the land because the County Council is going to ask. Ms. Alvarez stated that they could give it to OHA. Commissioner Springer stated the next hearing for regular review of their submittals of intake forms to the Mayor is at the end of the year. Commissioner Springer while looking over the April 25th letter from Mr. Namu`o from the Office of Hawaiian Affairs, he cited Chapter 6E -3 and Section 11 which states, "acquisition burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust ", and then the Mr. Namu`o writes: It is envisioned that some of these important components of the state historic preservation program can be implemented to assist our beneficiary, Mr. Alvarez and his `ohana. Commissioner Springer then asked if the commission should draft a letter to the Office of Hawaiian Affairs indicating that the Alvarez family had come to this Commission with their concerns and that this Commission has taken their testimony and if there was anything that this Commission could do to help. Commissioner Flores stated that due to the cost and time constraints, he did not think the County would work out. The amount that they are looking at is not a large amount and could be secured by a private interest. Commissioner Flores feels that it was a reasonable and feasible amount that could be done through a private situation with perhaps ownership transferred to OHA. A support letter from the County would greatly help. Going directly to the Board of Trustees of OHA with an amount, Hawaii Land trust could help facilitate it and with OHA becoming an entity might expedite the process. Mr. Alvarez stated that they were looking into private funding and keeping all his options open. Commissioner Springer stated for the Office of Hawaiian Affairs' Board of Trustees, this would be an unbudgeted floor item, which entails a high level of scrutiny and due diligence, that this would have to go through so by working with the Trust or Public Lands and any private individuals that would expedite the matter and if Mr. Alvarez could identify a 501 C3 that Mr. Alvarez could work with would be helpful so when they go forward to the Board regarding holding the property, they would have an answer and the agency answers. Commissioner Springer informed Mr. Alvarez that his form along with all the other forms will be processed for consideration and submittal for the end of the year and a letter would be sent to the Office of Hawaiian Affairs. Deputy Corporation Counsel Amy Self asked Mr. Alvarez to update this Commission of his status. Mr. Alvarez agreed and requested a copy of the letter that the Commission will send to the Office of Hawaiian Affairs. Mr. Alvarez thanked the Commission for its time and stated that he wanted to see what the whole process was and what needed to be done and he was willing to offer advice and help to someone else in need. Mr. Alvarez requested a copy of today's minutes which he was advised that it would be posted on the County's website. Motion was made by Commissioner Springer to formalize their discussion with Mr. Alvarez and his mother regarding submittal of the letter to the Office of Hawaiian Affairs and the Mayor. Discussed who the letter should be addressed such as Historic Preservation, Mr. Rapozo and Peter Young, also who should be copied with the letter. Deputy Corporation Counsel Amy Self suggested that this Commission could "cc" all the people mentioned and send it to the key people. Chair Replogle stated he thought the key people would be OHA and the Mayor. Commissioner Garovoy seconded the Motion. Chair Replogle asked for clarification of what the Motion was. Commissioner Springer stated the motion is the submittal of letter to the Office of Hawaiian Affairs and the Mayor of the County of Hawaii regarding the Alvarez parcel. Commissioner Springer asked if DLNR should be on the letter which was decided they could be "cc" with copies of those individuals and agencies that are represented in the packet. 31 Motion was seconded by Commissioner Garovoy. Chair Replogle then asked if there was any discussion. Commissioner Flores asked for clarification as to who at OHA will a letter be submitted. The Commissioners discussed who the letter should be addressed to and who will be sent a copy. The Commissioners decided that the letter will be addressed to the administrator with copies to the board of trustees. The letter will indicate that the Alvarez's came to the Commission and that the Commission concurred with them and that it should be protected and that the Commission feels that OHA would be appropriate to be the entity to ultimately hold title. This will be considered will all the other applications at the end of the year but the Commission acknowledged the urgency of their request. Commissioner Springer agreed to draft with Commissioner Garovoy to review the letter. Chair Replogle stated that the letter should be mentioned that this is a good example of a citizen stepping up for what is culture and his community. Deputy Corporation Counsel Amy Self then re- stated the motion: Motion to submit a letter to OHA and the Mayor of the County of Hawaii to express the Commission's support for the protection of the caves as testified by Keoni Alvarez. Chair Replogle suggested that Mr. Alvarez indicated there was a potential partnership where the Mayor and OHA may not have to fork over the whole amount thus encouraging partnerships so that it will be palatable for all sides. Deputy Corporation Counsel Amy Self stated that Mr. Alvarez could be included in the letter. Chair Replogle called for a vote on the motion, all members voted aye by voice vote, motion carried. APPROVAL OF MINUTES Vice Chair Hannah Springer moved for approval of the minutes of May 30, 2006 regular session, seconded by Commissioner Kenneth Kaneshiro and carried unanimously by voice vote. 7 WRITTEN COMMUNICATION Communication No. 06 -089: Email dated April 15, 2006 from Mark Koppell re: public ownership and /or access to the Hamakua Coastline. Deputy Attorney Self explained that Mr. Koppell could not find the survey form on the website so Deputy Attorney Self asked Cathy Minor to mail a survey form to Mr. Koppell along with a copy of the agenda for April 24, 2006 for which he did not show up and we did not receive a completed survey form back from him. Communication No. 06 -097: Letter received May 31, 2006 from Michael Varney re: Spencer Beach Park/Mau`umae acquisition. Chair Replogle stated that Mike sits on the Nahele Advisory Council for the Hawaii Island and that he's aware of this trial and that was why he submitted it. Upon discussion by commission, it was decided that Deputy Attorney Self would call Mr. Varney requesting that he submit a survey form. Communication No. 06 -098: Letter dated June 1, 2006 from Chair John Replogle to Stacy Higa, Chair and Members of the Hawaii County Council re: loss of budget funding for this Commission's 2006 -2007 fund and letter of support of the petition to dedicate 2% of real property tax revenue annually by ordinance to the Public Access, Open Space and Natural Resources Preservation Fun. Chair Replogle stated that a discussion was held with Commissioner Kaneshiro, Deputy Corporation Counsel Amy Self and Stacie Waltjen about the possibility of getting the Planning Department to make us a map of the Hawaii Island with all these sites marked on them; it could be in the Planning Department. They should make enough copies to put in the libraries. Commissioner Flores stated that Chris Yuen, Planning Director gave this Commission a CD with what's in their GIS system so eventually it could be put on the web and extract the information. A hard copy map would be good but with all the changes that would happen, to update it needs to be more fluid in the technology. Chair Replogle clarified that he was thinking of the whole entire list and even as the list is revised, i.e. this coming year "x" becomes number one; that doesn't change the fact that the rest of those places was selected by the community for protection and they shouldn't disappear. Commissioner Springer suggested a couple of colored layers. Chair Replogle then suggested that as the places are bought or purchased, a star can be put there. Chair Replogle stated that it probably sounded outrageous but when you look at the whole island and you place it out, sometimes seeing the whole picture makes for different types of thinking and decision. Commissioner Garovoy clarified that they were asking the Planning Department or some entity that has the capability of generating maps to create a map that reflects the work that the Commission has done and continues to do. Chair Replogle then commented that the first map would be hard to do but once the first map was done, when they re -do the list and there's a new list, it could be added. Commissioner Garovoy commented that Commissioner Flores' idea of adding it as a GIS layer is what they get right now; another layer could be added for Public Access, Open Space Commission designation. It wouldn't have to prioritized in anyway; the simplest way is identifying the TMK's that the public is interested in protecting. Chair Replogle stated that he was thinking of the people who do not have computer access. Commissioner Garovoy then stated that a hard copy could be printed once it has been created and then distributed. Deputy Corporation Counsel Amy Self then commented on her meeting with the Mayor and Chris Yuen and other department heads and one of the problems Chris mentioned was that there were a lot of wrong TMK numbers. He wondered why we didn't use the C.D. that he gave us, so Deputy Corporation Counsel Amy Self told him of the licensing problem because once they downloaded it on the hard drive they couldn't do it again on another computer. Deputy Corporation Counsel Amy Self mentioned that the property listed as the number one priority had the wrong TMK number. Mr. Yuen did know the general area but he did not if it was the entire beach or the land around it. Chair Replogle clarified that is was the parcel just below the highway. Deputy Corporation Counsel Amy Self stated that Mr. Yuen said the TMK listed in the report was for a property that was 500 acres so he did not know which part they wanted to focus on. Chair Replogle stated that some of the maps they used were big; it wasn't as if every piece of property was there, it was like there was a parcel number and in that could've had smaller parcels. Commissioner Springer stated since they didn't have the physical capabilities to make the correction she asked how the County makes the corrections. Deputy Corporation Counsel Amy Self commented that the Commission should focus on getting everything together ahead of time then they could send it to the Planning Department for them to verify. 11 Chair Replogle asked if it was hard for the Planning Department to find out if a TMK number is wrong. Commissioner Flores then commented that the commission would have to verify and narrow it down. Deputy Corporation Counsel Amy Self stated that in the Mayor's report to the Council, Mr. Yuen pointed out some of the problems with some of the properties that were selected. Deputy Corporation Counsel Amy Self would ask Mr. Yuen to come in to talk to the Commission. Commissioner Springer recommended that the Planning Commissioners do not go out and find the TMK numbers of that open properties and she thought that there where specialists inside the County that does it. Deputy Corporation Counsel Amy Self stated that when people put the TMK numbers on the survey form and hands it in to the Commission, they don't know if it's correct or not. Even with that, they don't know what particular part they are talking about. Deputy Corporation Counsel Amy Self stated that she wished this Commission was created under the Planning Department versus of the Finance Department. Commissioner Springer than asked if the commission could be transferred which Deputy Corporation Counsel Amy Self stated that it had to be changed by the Council. Deputy Corporation Counsel Amy Self stated that Finance also has TMK capability so they could target them to help with this. She also stated that they were in the process of filling some positions to accommodate this Commission. Once that happened, there could be other people hired for this new level under their department that would be able to do all the TMK stuff. Commissioner Walker stated that after the TMK's they need to work with the public who made the submittals because they are only guessing how much the property or how extensive their suggestion was. Chair Replogle stated that they need the whole, real TMK book at the meetings. Deputy Corporation Counsel Amy Self said that TMK's are helpful for location but they need to describe what they are talking about within the TMK. Commissioner Flores stated that his recommendation for submitting the assessment form would require a TMK map to be attached, which would alleviate the problems. Commissioner Garovoy added that it is available online and a link could be provided from our commission website straight into the Real Property Tax site 10 and people could click around or forms could be made available in certain places for distribution. Deputy Corporation Counsel Amy Self stated that they could also go to the Real Property office and request a copy of the TMK map. Commissioner Garovoy suggested adding a specific physical description of the property so that anyone could find what they were talking about. Commissioner Kaneshiro stated that it seemed as if they were moving ahead to Old Business so he suggested following the Agenda. DEPARTMENT OF FINANCE REPORT 10 0=0 CHAIRPERSON'S REPORT None Commissioner Springer asked if they could reverse the order from Old Business to New Business so that they could critique the suggestion /survey form. Chair Replogle agreed. OLD BUSINESS Commissioner Kaneshiro suggested for the survey form, a narrative is given for each of the five purposes. A narrative should be given for each box they check. The answers to all questions on the survey form should be specific so the Commission would have a better understanding of what's being said. He also recommended that the person's name, mailing address, phone and email be given so if there are questions, the person could be contacted. Commissioner Walker stated the additional narratives are needed to differentiate the applications because while going through the previous applications, they all sounded similar. Commissioner Flores stated that his suggestions sounded similar to what Commissioner Kaneshiro said. He suggested that attachments should be provided to the Commission such as a TMK map with the property boundaries and /or proposed access outlined. (Commissioner Flores' examples were passed out to all Commissioners for their review). Other items he suggested to include were relative to the Assessment form that they used. Commissioner Flores added some of those criteria in the intake form so when they looked at the form when doing the assessment, they could take information from that. The questions that Commissioner Flores added to the survey form were taken off the Assessment form. He felt that it should be addressed in the intake form. It takes 11 the gray area out for the commission when they are doing the assessment and puts on as much information on the survey form. Commissioner Campbell stated that there was a fine line between too much information and not enough information to dissuade the public from submitting intake form. Commissioner Springer stated that if the Commission had this standard for completing out the form and it's incomplete and the public has given their address, they could be contacted. Commissioner Kaneshiro questioned if the Commission should ask what their main purpose was for suggesting the site under the Assessment Criteria form below "purpose of suggested site ". Commissioner Flores did not think it was a good idea for them to single out only one reason. Commissioner Kaneshiro stated in doing the analysis portion, if they just prioritized what came in and not look at other things such as distributing then it would not be important. Chair Replogle stated that he liked the changes Commissioner Flores made which seemed to address Commissioner Kaneshiro's suggestions except the prioritizing. Commissioner Campbell stated that he felt it added an unnecessary level by having the public add a blurb about each one. Commissioner Walker stated that the proposal has enough background information and when it comes time to evaluate, they could evaluate the entire information given. Commissioner Flores went over the Assessment /Criteria form and amended it where there was one section in the general plan that aligned with one section in the five purposes so that it was more distributed. In the first assessment /criteria form there was too much weight given in certain areas such as natural resources; there was no fair balance. Commissioner Flores stated that he attempted to make it more objective. Criteria 3 on Commissioner Flores' draft of the assessment /criteria form was left as is with the exception of providing an attachment. Criteria 5 was deleted which dealt with accessing boundaries, title, maintenance options. Criteria 6 was also deleted which dealt with accessing the conditions of the land. Once they got to the final selection then someone would go in more detail and do due diligence. This is more of a due diligence process. The Commission can go through his draft and make other suggestions. Commission Garovoy commented on contacting the landowner to see if they knew that their property had been proposed to the Commission; sometimes 12 it's good for them and the Commission to think about. It could affect the success or failure of future transactions. Commissioner Flores commented that there was a question on his proposed draft of the Assessment /Criteria form under Criteria 4, "land or property entitlements are available for acquisition" that Commissioner Garovoy could refine or clarify more. Commissioner Garovoy asked if it was important to ask if they have testified regarding this property to the Commission or if they attended a public meeting so the Commission knows if they need to check their notes and /or minutes. Commissioner Garovoy stated that it was a good idea to ask the question because it would encourage people to testify and makes the job easier so they have a memory of the particular property. Chair Replogle stated it would be good because if they had gone to testify to the County Council it would be good for the Commission to know that they've been there. Commissioner Springer stated it would be a good idea to have a statement instead of the boxes that the agenda and notices are available and then give them an email address. Commissioner Flores stated the Commissioners can write down their suggestions to his draft before next meeting on August 14, 2006. The public intake deadline is September 5, 2006, which the public has been submitting from February. Commissioner Garovoy asked if they could change the internal assessment forms to be more along the lines of what Commissioner Flores was working on. Deputy Corporation Counsel Amy Self suggested that once they have a cut off for this year's deadline for submitting survey forms, they have the new form ready to go. As of September 5, 2006, the old form will be taken off and the new form would be on the website. Deputy Corporation Counsel Amy Self commented that December 31, 2006 is the deadline to update the list per the Ordinance. Commissioner Springer stated that September should be the standard deadline to submit so the public would have a whole year. This would give the Commission two months to do their work with a one month cushion. Commissioner Garovoy commented that the Commission could be doing the scoring as they came in. 13 Commissioner Springer asked Corporation Counsel Deputy Amy Self about the workload for the agency if they received a stack of papers versus two or three applications a month. Corporation Counsel Deputy Amy Self verified that it was for verification of the TMK's which would come out of Finance department. She stated that at the next meeting when Nancy Crawford or Stanley Iwamoto comes, the Commission could bring it up and ask them. Commissioner Walker asked if the Commission was going to consider the forms from last year that they already evaluated but didn't recommend. Corporation Counsel Deputy Amy Self commented that it may be a problem because they already set their deadline for consideration of the survey forms so probably should've cut off by then. Corporation Counsel Deputy Amy Self stated that in the Ordinance it states that the Commission is supposed to update the list. Commissioner Walker suggested considering the top 10% or 20% and then reassess them. Commissioner Springer suggested seeing how things play out this year. Commissioner Walker stated she thought they told the public when they testified, that after the Commission prioritized they would reconsider the following year the properties that did not come in the top 3. Commissioner Flores stated maybe for the 2008 list because going back to the top ones and reassessing them again and then revise the updated list. Chair Replogle stated that the Commission should mention to resubmit the intake form. However it was discussed that they were going to do that next year. Commissioner Flores stated if they used the criteria assessment form then and put it in the ranking then they would have to reassess the top. The scores would be different so the suggestion was that if the Commission took the top and reassessed them along with the new ones and then resubmit the list, maybe Waipi`o will be back on the list. Commissioner Flores stated he thought that additional information could be added to the form. He stated a lot of the attachments were not with them when they were doing the assessment. For next year when there is a new form out, it makes more sense to request if people had properties previously sent, but now with more detailed information with the new form, resubmit. The Commission discussed and decided to use binders or folders for sorting by TMK numbers and a statement saying that the Commission refined their criteria would be proper when asking people to resubmit their forms. Vice Chair Springer moved to defer process and application assessment criteria sheet to completed intake survey forms received after February 10, 2006 14 because we've already suggested some refinements to the assessment criteria form. Chair Replogle seconded the motion. At the next meeting on August 14, 2006 the Commission will bring their suggestions and they will vote on the intake form and the assessment form. Commissioner Springer suggested putting it under Old Business receive comments and review 2005 suggestion /survey form, #2 process and apply the assess me nt/crite ria sheet and go as far as they can go. NEW BUSINESS Motion is to defer what's under new business to August 14th meeting at which time we will use the new assessment forms to begin assessing the intake forms that we've already received. Chair Replogle called for a vote on the motion, all members voted aye by voice vote, motion carried. ANNOUNCEMENTS The next meeting is scheduled for Monday, August 14, 2006 at 10:00 a.m. at the Department of Liquor Control, Conference Room, 101 Aupuni Street, Suite 230, Hilo, Hawaii 96720. ADJOURNMENT Commissioner Campbell moved to adjourn the meeting; Commissioner Hannah Springer seconded the motion and all members voted aye. The meeting adjourned at 12:49 p.m. R p ully su mitted, 4 Stacie Waltjer�; Secretary 15