Loading...
HomeMy WebLinkAbout2018-03-12 Public Access, Open Space and Natural Resources Preservation Commission_Minutes_Approved PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) MINUTES-REGULAR SESSION March 12, 2018 Hilo Council Chambers  Hilo County Building 25 Aupuni Street  Suite 1104  Hilo, Hawai'i 96720 Present: Chairman Kekaulike Tomich Vice Chair René Siracusa Commissioner Timothy DeLozier Commissioner Dr. Wayne Frank Commissioner Rick Warshauer(arrived 10:15am) Commissioner Cynthia Nazara Commissioner Susan Fischer Absent: Commissioner Kai’ena Bishaw II Others Present: Commission Secretary Maxine Cutler Deputy Corporation Counsel Amy Self Property Manager, Finance Hamana Ventura CALL TO ORDER Chair Mr. Tomich called the meeting to order at 10:02 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS T ONI W ITHINGTON Ms. Withington: Testifies in support of Comm. 18-005, 006, 007, 008, 010, 011, 013, 015, and 016. She represents four of five major community organizations in Kohala. They are Kamakani ‘O Kohala Ohana, Malama Nā Wahi Pana ‘O Kohala, Malama Kohala Kahakai, and Maika’i Kamakani ‘O Kohala; all together they formed a non-profit corporation called, Kohala Lihikai. Since PONC’s inception, these organizations have been nominating properties to PONC. She presented to the commission their brochure called, “Success,” and summarizes the key purchases to preserve the homelands of Hawai‘i First King. In her testimony, Ms. Withington updates the commission regarding a change to the nomination of Hapu'u to Kapanaia Cultural Corridor, due to development. Two parcels included in a previous nomination \[Comm. 17-005\] were eliminated from the current suggestion form known as Comm. 18-011. Ms. Withington continues to testify how the cultural and historical significance of Comm. 18-015, Kaupalaoa and Comm. 18-016, Honoipu in the life of King Kamehameha. She describes the relationship of these parcels to other key parcels in their “Success” brochure. Page 1 of 6 L AURA K AAKUA Ms. Kaakua is with “Trust for Public Lands” and joining her is Mr. Keoni Fox. They are in support of Comm. 18-004. She updates the commission regarding the BLNR- did approve the state legacy land conservation of $2 million grant paid directly to the Hawaiian island non-profit, “Ala Kahakai Trail Association.” Ms. Kaakua reports regular contacts with the landowner; the landowner is still willing to sell and wish that we (Trust for Public Lands) are successful in raising funds for the purchase. Besides raising funds, Ms. Kaakua reports that outreach efforts within the Ka’u community and working with Councilwoman, Maile David for a resolution in the near future. APPROVAL OF MINUTES Motion: Ms. Siracusa motion to approve corrected minutes of January 8, 2018, regular session. Seconded by Ms. Nazara; open discussion by Ms. Fischer and Dr. Frank held regarding spelling and typo’s corrections to the minutes. Chair Tomich called for a verbal vote; all members present voted aye, motion carried to accept the minutes with corrections. WRITTEN COMMUNICATIONS Motion: Mr. DeLozier move to accept and file Comm. 18-001 to 18-021. Seconded by Dr. Frank; no discussion. Chair Tomich called for a verbal vote, all members present voted aye, motion carries. Chair Tomich informs commission two later communications: Comm. 18-022 from Kafa and Comm. 18-023, Email from Dr. Richard Rimer. Ms. Siracusa discusses clarification of priorities of last years: #1 and #6? Chair Tomich confirms that Kafa’s withdrawal is for #6. These two communications require a motion to include it on today’s agenda and another motion to accept. Motion: Dr. Frank motions to accept and file Comm. 18-022 and 18-023. Seconded by Mr. DeLozier; no discussion. Chair Tomich called for a verbal vote, all members present voted aye, motion carries. CHAIRPERSON’S REPORT Chair Tomich: Nothing to report. DEPARTMENT OF FINANCE REPORT Mr. Ventura: Updates the commission regarding the status of two acquisitions; both in escrow. One of the acquisitions should be recorded by next Wednesday. The other acquisition, we are working with the State of Hawai’i Legacy Land Commission their due diligence for funds from the State. He reminds the commission that since both parcels are under contract; the identities of the parcels are not public information. Mr. Warshauer: Asks for clarification regarding rumors in changing the financing in funding this PONC program? In addition, he continues to express his concerns Page 2 of 6 regarding the speed of acquisition and the possibility that the fund might be a target of takeover or reduced thru legislature. Mr. Ventura replies that historically, Mayor Kim has been looking into creative ways to balance the county’s overall budget and at this point the program is still operating under the current law, the fund is still 2%, any change to the charter needs to be put on the ballot for voters. Mr. Ventura reports that since the inception of the PONC Program in 2006, acquisitions now total 13. For 2018, we will have another two parcels to the list during the first year of the Mayor’s term. He continues to suggest creative ways to move around to other districts and look at conservation easements, watersheds protection, and past submissions to diversify the portfolio. There has been an increase of nominations to purchase conservation easements. We are new to this concept. Mr. Ventura encourages the commission to recommend to the county for conservation easement in their report. Ms. Siracusa asks why acquisitions take so long. She further comments that reducing the PONC Fund, the Mayor would have to introduce a bill, takes three council readings, and presented to the voters. Ms. Siracusa says she has been getting emails from the public regarding reduction of the PONC Fund. She invites Ms. Self for comments. Ms. Self reminds the commission that these issues are not on the agenda and should be agendized. In reference to Ms. Siracusa concerns, Ms. Self reports she has not heard of anything at this point in reducing the fund. Mr. Warshauer asks Ms. Self, regarding repetitive applications and the enormous amount of time it takes the staff and commission in reviewing and processing it. Is there a way we can handle this more efficiently? Ms. Self responds that this commission has duties and responsibility that are set by code and encourages the commission to review it. With that said, this item can be agendized for a future meeting. She informs the commission that nominations come from the public and the commission cannot stop the public from submitting every year. She explains that the process of acquisition comes from County Council via resolution, and then the administration takes over. During this process, the landowner might change their mind. We cannot force a landowner to sell. Mr. DeLozier reminds the commission that they are getting way off the agenda and should stick to the agenda items. He encourages the rest of the commission to read the charter, codes, and the process for property acquisition. Mr. DeLozier continues to emphasize the importance of resubmittals of nominated parcels. The approach is that leveraging funds (matching funds) are key factors to show that the parcels continually score high on the PONC Prioritize list. OFFICE OF THE CORPORATION COUNSEL’S REPORT Ms. Self has nothing to report. UNFINISHED BUSINESS None Page 3 of 6 NEW BUSINESS 1. Commissioners to discuss and form an Ad Hoc Committee or Committee(s): Motion: Ms. Siracusa motion to form an Ad Hoc Site Visit Committee with Ms. Nazara, Mr. Warshauer, and Chair Tomich. Seconded by Dr. Frank, discussion ensued and Ms. Fischer volunteered to join the Ad Hoc Site Visit Committee. Ms. Siracusa amended her motion to include Ms. Fischer, Second by Dr. Frank; discussion ensued for choice of sites. Chair Tomich reply is with choice of sites Chair Tomich calls for a verbal vote, all members present voted aye, motion carries. 2. Commissioners to discuss the process of reporting: Ms. Siracusa suggested creating a checklist for the Ad Hoc Site Visit Committee to use while visiting the properties as a form of reporting. She points out to the commission the handout version from Mr. Warshauer from last meeting. Ms. Self councils the commission that it is up to the Ad Hoc Committee to devise a vessel of reporting, whether it be an outline, written, or verbal. The contents of that report can include what discoveries where uncovered during the site visits, whether it be a fee simple or easement or even both. The information provided to the commission can be further discussion or clarification of information in the report can therefore be discussed in the third meeting as the Sunshine Law permits. Mr. DeLozier questions the value of such information included in the report. He emphasis that evaluation of these nominations are based on facts, what was presented to the commission in the documentation and what facts was uncovered during the Ad Hoc committees site visit reports. As a commissioner, Mr. DeLozier says, “Give me the facts…I don’t want to be persuaded…Keep it simple…so that we can rank these applications equally. Give me the missing facts, so that I am ranking these nominations with equal considerations.” He continues to relay the importance that reports should not be based on opinions or hypotheticals. Site visits are conducted in a manner to justify what was submitted to the commission in their nomination packet. He continues to comment that creating a list for the ad hoc committee is unwarranted, since the commission already has the Criteria Sheets that this commission ranks from. Mr. Warshauer suggested that the Ad Hoc committee reports verbally and in writing. Under the advisement of Ms. Self, a motion is needed to put the process of this procedure into a motion for the Ad Hoc Committee. Motion: Mr. DeLozier moved that for process for the Ad Hoc Site Committee be site visits with limited conversations of committee members, during the site visits with individual factual reporting from individual committee member to the committee chairperson who will consolidates all committee’s members individual report and gives it to Ms. Cutler, who will redistribute it back to the committee for committee review and approval. Page 4 of 6 When approved, the Final Ad Hoc Site Visit Report is then given back to Ms. Cutler for distribution to the PONC Commission at the next meeting. Second by Ms. Nazara, discussion ensued that there is one Chair of the Ad Hoc Site Committee is responsible for all sites, workflow, and delegation. Ms. Self advises the commission to let the chair of the committee decide how to implement the process of the report within hers/his committee to fulfill the scope of the work as set forth by this commission. Chair Tomich calls for a verbal vote; all members present voted aye, motion carries. 3. Commissioners to discuss and select Sites to Visit. Chair Tomich calls open discussion of submitted parcels for Ad Hoc Site Visits. After a brief discussion the following nominations was selected by motion: Motion: Chair Tomich would like to entertain a motion that the following Communications be visited: Comm. 18-003, Haleohiu, North Kona; Comm. 18-009, Io Lani Kea Trust; Comm. 18-015, Kaupalaoa, North Kohala; Comm. 18-016, Honoipu, North Kohala; Comm. 18-017, Pohue Bay, Ka’u; and Comm. 18-018, Wai’ele, Puna. Moved by Ms. Siracusa, Second by Mr. Warshauer. Discussion ensued, and the following was dropped from motion with an amendment from Ms. Siracusa to delete Comm. 18-009 and Comm. 18-017. Chair Tomich calls for a verbal vote; all members present voted aye, motion carries. 4. Format PONC Invitation Letter by Siracusa Ms. Siracusa presented to the commission that a template draft letter to the different community associations inviting them to submit suggestions (nominations) and stewardship grant applications. She informs the commission that the drafted letter was reviewed by Ms. Cutler and Ms. Self; for outreach purposes to areas of the island wide. Ms. Siracusa emphasis the point that this request comes from the CDP Action Committee to the commission. Ms. Cutler clarifies to the commission that Comm. 18-021 contains email string of this request to the PONC Commission. She reminds the commission that a motion is needed to further the process of open discussion of the drafted letter. Motion: Ms. Siracusa motion to consider this draft template and when someone seconds, we can start discussion. Chair Tomich calls for a Second? Second by Ms. Fischer. Summary discussion held by the commission defining the needs of the letter by making available to the entire island and not any one specific district or association and content of the letter to include the letter to include the following: Mr. DeLozier to correct the language of the draft for clarity:  … 2% of Hawaii County of annual Real Property Tax revenues for land purchases by the county… (deleted the specifics)  PONC is inviting nominations to be submitting of properties worthy of preservation (delete under this program)  Please find a suggestion form and PONC 2018 showing submittal deadlines attached  To learn more about the PONC Fund, please go to the county website Page 5 of 6 With no further discussion, Ms. Siracusa amends her motion. Amended Motion: Ms. Siracusa moved to approve the draft template letter as amended by Mr. DeLozier. Second by Ms. Fischer; no discussion, Chair Tomich calls for a verbal vote; all members present voted aye, motion carries. ANNOUNCEMENTS Ms. Fischer shares her gratitude to Mr. DeLozier for his many years of service and the amount of knowledge and wisdom during his tenure. Mr. Warshauer expresses his appreciation and gratitude to Mr. DeLozier for his contribution for the many years of service. Mr. DeLozier replies that his participation on this committee was eventful, rewarding, and he is sad that his tenure is over. He will miss this commission but was much honored to have served.  The next special meeting is scheduled for Monday, May 14, 2018 at 10:00 a.m. in West Hawai‘i Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai‘i 96740.  Set agenda for Monday, May 14, 2018 1. Report from the Ad Hoc Committee for Site Visits 2. PONC Maintenance Fund. 3. Suggestion form to remove the option of “one” pertaining to fee or easement. ADJOURNMENT Meeting was adjourned at 1:25 p.m. Respectfully submitted, Maxine Cutler Maxine Cutler PONC Commission Secretary Approved on May 14, 2018 Posted on May 16, 2018 Page 6 of 6