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HomeMy WebLinkAbout2018-07-09 Public Access, Open Space and Natural Resources Preservation Commission_Minutes_Approved PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) MINUTES-REGULAR SESSION Hilo Hawaii Council Chambers 25 Aupuni Street, Suite 1401 Hilo, Hawaii 96720 July 9, 2018 CALL TO ORDER The regular meeting of the Public Access, Open Space, and Natural Resources Preservation Commission was called to order at 10:08 a.m. at the Hilo Hawaii Council Chambers 25 Aupuni Street, Suite 1401 by CHR. TOMICH Present: Mr. Kekaulike Tomich, Chair (CHR.) Ms. Rene Siracusa, Vice Chair (V. CHAR) Ms. E. Koohan Paik Mander, Member Ms. Shellie Bee Allen Naungayan, Member Mr. Rick Warshauer, Member (arrived 10:12 a.m.) Ms. Cynthia Nazara, Member Ms. Susan Wells Fischer, Member (arrived 10:12 a.m.) Absent: Dr. Wayne Frank, Member Mr. Kai’ena Bishaw II, Member County of Hawai’i Ms. Maxine Cutler, Commission Secretary Support Staff: Ms. Amy Self, Deputy Corporation Counsel Mr. Hamana Ventura, Property Manager, Department of Finance STATEMENTS FROM CHR. TOMICH: directed the commission to proceed to the THE PUBLIC ON next order of business, there being no statements from the AGENDA ITEMS Public. WRITTEN CHR. TOMICH: directed the commission to proceed to the COMMUNICATIONS next order of business, there being no written communications. APPROVAL OF May CHR. TOMICH: moves to the next item on the agenda and 14, 2018 calls on the commission for approval of the minutes. MINUTES Motion to Approve: MS. PAIK MANDER: moved to accept May 14, 2018. Seconded (Approved) by MS. NAUNGAYAN. CHR. TOMICH calls for a verbal vote of those present, four Page 1 of 7 voted ayes, and Ms. Siracusa abstained. She explained that she was not present at that meeting. CHR. TOMICH calls on Ms. Self for clarification that we needed at least five votes to pass the minutes. Ms. Self responded with a “Yes.” MR. Warshauer and Ms. Wells Fischer arrive at 10:12 a.m. with corrections to the minutes. CHR. TOMICH calls for a removal of original motion. MS. PAIK MANDER makes a motion to withdraw her motion to approve the May 14, 2018 minutes. Seconded by MS. Naungayan. MS. WELLS FISCHER presents to Ms. Cutler and members of the commission correction to the minutes on ½ sheets of paper. MR. WARSHAUER clarifies statement made on page 4 regarding conversation with Mr. Ventura. MS. WELLS FISCHER clarifies as part of her corrections, she submitted the wording as “Mr. Ventura agreed when Mr. Warshauer asked, if the commission should continue to rank according to merits.” There being no other discussion, CHR. TOMICH calls for motion to approve minutes. MS. NAZARA makes a motion to approve the minutes of May 14, 2018 as amended. Seconded by Ms. Wells Fischer. CHR. TOMICH calls for a verbal vote of those present, six voted ayes and one abstained. DEPARTMENT OF CHR. TOMICH: moves to the next item on the agenda, FINANCE REPORT Department of Finance Report and invites Mr. Ventura to the microphone. MR. VENTURA: invites the commission to ask questions. MS. SIRACUSA: asks for update on the Vacationland purchase and did the County pull out of escrow? She continues to explain the reasons for the acquisition of the property to create a buffer zone from further development abutting the tide pools. She also mentions that since the lava covered portions of the property and the acreage has changed, can escrow be stalled until the lava has stopped and a reassessment can be done? MR. VENTURA: explains we are still in escrow and updates the commission regarding the Legacy Lands Funds, which Page 2 of 7 accounts for 50% of the purchase price. The County’s Corporation Counsel has been working with the State AG (Attorney General) office on the disposition of the funds. Until then, the county is continuing their process with the state. Since the property is land locked by new lava flow, access is not a high priority, as the county has focused its efforts in helping the residents that are affected by the lava. In addition, we are waiting on the state for clarification of the funding. MS. NAUNGAYAN: suggests that Real Property Tax office has drone footage of properties or work with getting a drone, it would be cheaper than a helicopter ride. MR. VENTURA: replies that the county is looking into a drone program. There are many things that must be considered, FAA, privacy laws, etc. MS. SIRACUSA: suggests viewing the videos from Big Island News and the Civil Defense has been taking pictures of the area on a daily basis by helicopter perhaps this will help in assessing the area. MR. WARSHAUER: comments that all new lands seaward belongs to the state, the acreage is not changing, the new acreage is state land. MS. PAIK MANDER: asks for explanation the advantage to the County requesting that the escrow not be forestalled, until we have a better idea what the future holds. She later asks if the commission can make recommendations to put a resolution to pullout of escrow. MR. VENTURA: explains the process about escrow is that the State Legacy Land funds still need to be approved, the State has not given that approval of the County’s application of Legacy Land funds which accounts for 50% of the purchase price. We are still in escrow waiting for that approval. There is no reason to withdrawal from escrow until we are given notice from the state. MS. PAIK MANDER: asks if the commission can make recommendations urging the county to “pullout” or make a resolution to pullout of escrow or provide notice to the owners of the property as part of the negotiations. MR. VENTURA: explains that the State AG’s office and the county’s corporation counsel are discussing the funding, until then there is no reason to provide notification. He also reminds the commission that their duties are an advisory capacity to the mayor. MS. SELF: explains to the commission their responsibilities are very defined; put together a prioritized list for the Mayor from Page 3 of 7 the suggestion forms, review the grants and make recommendations to P&R, and submit an annual report. That is it. The negotiations are done by the Property Management Division, after the Finance Director reviews the resolution. Ms. Self encourages the commission to review their duties as commissioners as state by law. MS. WELLS FISCHER: asks on behalf of the seller, in context of the large Puna situation. A seller loses his lands to lava; do they get compensated? With land in the community? MS. SELF: replies that this concern falls out of the scope of this meeting and this commission. OFFICE OF THE Being no further questions from the commission, CHR. TOMICH: CORPORATION moves to the next item on the agenda, Corporation Counsel COUNSEL REPORT Report, and invites Ms. Amy Self to the microphone. MS. SELF: has nothing to report. CHAIRPERSON’S Being no further questions from the commission to Ms. Self, REPORT CHR. TOMICH moves to the next item on the agenda, Chairperson’s Report. CHR. TOMICH: has nothing to report. UNFINISHED CHR. TOMICH moves to the next item UNDER Unfinished BUSINESS Business, which has three items to discuss, motion, and approve. 2019 Suggestion The members of the commission discussed at length limiting Form Review and the number of pages, file size of 10 gigs, grammar issues, Motion to Approve limiting the size by each attachment, format of submitting revisions: photos, or documents using plain text, to be concise, (deferred to next summarized, and clear. After much discussion a motion meeting) develops. MS. SIRACUSA: makes a motion on page 2, Item 2, after the i.e. insert the words summary of. Seconded by Mr. Warshauer. Open for discussion: Mr. Warshauer suggested that we make one motion for everything. CHR. TOMICH: agrees with Mr. Warshauer and gives direction to the commission to do so. MS. SIRACUSA rescinds her motion. The commission discusses at length, the following items on the Suggestion forms with MS. SELF. 1. Pg. 2 Item #3 change have to has 2. Pg. 2 Item #2, i.e. summary of archaeological… 3. Pg. 1 Ahupua’a or Location within… 4. Pg. 2 Item #8, Is this property subjected to any covenants, Page 4 of 7 restrictions, encumbrances or any other obligations? (i.e. easements, association fees, etc.) If yes, are they a willing seller? CHR. TOMICH: no other comments and moves that the items be continued until next meeting when they can discuss the changes with MR. VENTURA. CHR. TOMICH moves on to the next unfinished business. Commission to CHR. TOMICH: any discussion? review and approve the 2019 A lengthy discussion ensued amongst the commission Criteria Form regarding the scoring of Criteria 1B, as part of this bullet point (Approved) to add a bullet in B. to reformat this area to mention the importance and significance of the “Does this property possesses an unusual richness and diversity of archeological and biologically features.” MR. WARSHAUER makes a motion to add that bullet to Item B. Seconded by Ms. Wells Fischer. CHR. TOMICH calls for a verbal vote of those present, all voted ayes, motioned passed. The commission discusses at length the defining Criteria 1, Item E regarding the clarity of the preservation of the watersheds lands, open space, runoffs, streams, ground water quality as they affect coastal waters, for acquisition process and scoring. After much discussion, the following motion was defined. MS. PAIK MANDER: makes a motion to Criteria 1, Section E. to “Protect and effectively manage Hawai‘i’s watersheds, riparian areas, ground water, and coastal environment.” Seconded by MS. SIRACUSA. CHR. TOMICH calls for a verbal vote of those present, all voted ayes, motioned passed. Commission breaks CHR. TOMICH: calls for a break for lunch at 12:08 pm. for lunch Commission CHR. TOMICH: calls the meeting to order at approx. 12:45 p. Reconvenes m. and directs commission to revisit to the Suggestion Form, invites MR. VENTURA to the microphone, and directs Ms. Cutler to read to MR. VENTURA the wording for No. 8. A discussion ensued regarding the other concerns and changes to the entire Suggestion Form. MS. SELF suggested to the commission that Ms. Cutler makes all the revisions and submits to the commission for review at the next meeting. MR. VENTURA makes a suggestion for Ms. Cutler to submit revised Page 5 of 7 suggestion form to the corporation counsel to review the wording. The commission agrees to table for next meeting. Commission to CHR. TOMICH: calls for discussion regarding the Ad Hoc site discuss PONC Ad visits report by addressing each Comm. separately and start Hoc Committee with Haleohiu. Site Visit Report for Comm. 18-003, MR. WARSHAUER: discusses repeated applications and Haleohiu, North expresses his concerns in regards to the special issues of Kona; Comm. 18-Haleohiu. 015, Kaupalaoa, North Kohala; MS. CUTLER: response and clarifies that all applications Comm. 18-016, received must be acknowledged and presented to the Honoipu, North commission, with Haleohiu even though it has a resolution, Kohala; and the application was submitted again and presented for your Comm. 18-018, review and scoring. Wai’ele, Puna (Discussion) MR. VENTURA: clarifies to the commission that their duties are not to deny or exclude repeated applications or nominations. Most applications or nominations have updated information from the last submissions, to take it and perform your due diligence. CHR. TOMICH: there being no further discussion on Haleohiu, he calls for discussion on Comm. 18-015, Kaupalaoa. MS. SIRACUSA: corrects the Comm. No for Comm. 18-015 and 016, to Comm. 18-005 and 006 respectively. Ms. Cutler acknowledges the correction. CHR. TOMICH: there being no further discussion on Kaupalaoa or Honoipu moves to Comm. 18-018. MR. WARSHAUER: recaps the site visit to the commission the pristine conditions of the property, coastal environment, natural vegetation, forestation, archeological features, and how public access would ruin or increase the traffic into the area, that may be harmful to the property. MS. NAZARA: also agrees with Mr. Warshauer that increase traffic into the area would destroy some of the rarity of what is there. There needs to be a great management team to maintain it. MS. SIRACUSA: informs the commission that since its first submission many years ago, the maintenance by the communities has continued and assures the commission that they are ready to write grants and pursue the maintenance of this. A lengthy conversation ensued with commissioners regarding the introduction of economics and the effects of diminishing forests that might endanger this property. It has happened to other parts of the Island. Concerns were also raised that the Page 6 of 7 property was in lava zone 1 or 2. NEW BUSINESS CHR. TOMICH: moves on to the next item on the agenda, New Business Commission to CHR. TOMICH: calls on MS. WELLS FISCHER and MR. review and WARSHAUER for their scores, being unable to present them at approve 2018 this time this part of the new business is deferred to the next Prioritize scoring meeting in September 2018. (Deferred to next meeting) ANNOUNCEMENTS CHR. TOMICH: moves on to the next item under announcement the location and time of the next PONC meeting at 10:00 a.m. at the West Hawai‘i Civic Center, in Building G on September 10, 2018 and calls upon the members to set the agenda for the next meeting. After some discussion, CHR. TOMICH instructed Ms. Cutler to put the following on the next agenda:  Suggestion Forms, Unfinished Business  Review and Approve 2018 Prioritize Scoring of Suggestions, Unfinished Business  Assign Summaries of the Prioritize List for 2018 Annual Report to the Mayor, New Business  Stewardship Grants review, New Business  Letter from Commission to Associations, Unfinished Business  And other PONC business as it arises ADJOURNMENT CHR. TOMICH calls for a motion to adjourn. There being no further business at approx. 1:43 p. m. MS. SIRACUSA moved to adjourn the meeting. Seconded by MS. WELLS FISCHER and carried by a verbal unanimous vote by those present. CHR. TOMICH: We are adjourned. Mahalo. Respectfully submitted by: M axine C utler Commission Secretary Approved: September 10, 2018 Posted: September 24, 2018 Page 7 of 7