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HomeMy WebLinkAboutComm No 0007.06 - Response from PONC County of Hawai‘i PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION County Bldg.• 25 Aupuni Street Suite No. 1101 Hilo, Hawai‘i 96720-4245 Phone (808) 961-8069 Fax (808) 961-8248 Date:, 2018 To:Douglass Shipman Adams, Chair Hawai’i County Charter Commission From:Kekaulike Tomich, Chairperson Public Access, Open Space and Natural Resources Preservation Commission (PONC) Re:Input to Hawai’i County Charter 10-15, 10-16 On behalf of the PONC Commission, I am submitting the following recommendations. The following concerns were discussedat great length, but not recommended nor motionedto recommend: 1.Capping the Preservation Fund (but no cap amount was determined) 2.The Preservation Fund of 2% to reduce it to a lower percentage 3.Employees of the non-profits should get a salary 4.Non-Profits are barred from re-applying for Stewardship Grants unless a report is submitted 5.Allocation of maintenance funds to fund a County position to PONC 6.Allowable items to include non-commercial signage for safety, restrictions of the use of the land, and language interpretation 7.After PONC makes recommendation and reports their recommendation/and or report goes straight to County Council for resolution 8.Cap the Stewardship Grants to $50,000 9.Allowable item to include: water, water coolers, tents, light refreshments, accessibility of handicap facilities 10.Maintenance funding should be used for education programs, cultural experiences 11.Change the maintenance fund and stewardship grant program to the Department of Finance We came to an understanding and determined that itemization of required stewardship grant application of the funds should be defined in the code and not in the charter. Our debates and discussions developed into our first solution regarding the difficulties with the Department of Parks and Recreation and their involvement with Stewardship Grants Program and the timeline to process each grant request. Our first recommendation is an attempt to find a solution in the Stewardship Grant program and the numerous complaints received the non-profits not receiving monies in a timely manner to steward Hawai‘i County is an Equal Opportunity Provider and Employer PONC lands, nor implement projects and reports. Our first recommendation affects the Hawai’i County Charter, Section 10-16 (HCC 10-16). I.HCC 10-16: Replace Department of Parks and Recreation with Department of Finance. Motion 1 to Approve (Approved) MR. WARSHAUER motion the following recommendation to replace everywhere in the HCC 10-16 where you find the Department of Parks and Recreation to replace it with Department of Finance. Seconded by MS. PAIK KOOHAN. No discussion held. CHR. TOMICH calls for a verbal vote; all members voted aye, motion carried. 2 According to the approved recommendation, the following assertion in HCC: 10-16(c)…The maintenance fund shall be administered and managed by the Department of Parks and Recreation\[Department of Finance\]. The financial… 10-16(h) 4…a stewardship organization shall provide to the Department of Parks and Recreation \[Department of Finance\] the following: 10-16(h) 4.AAn application obtained from Department of Parks and Recreation \[Department of Finance\] which is completed… 10-16(h) 4.B…other information requested by the Department of Parks and Recreation\[Department of Finance\] and … 10-16(h) 7The director of the Department of Parks and Recreation\[Department of Finance\] shall provide a short … Another lengthy discussion regarding simplifying the charter or itemize the allowable(s)in the charter and adding more allowable(s) in the original charter. We found that presently this section of the charter (HCC 10-16(g) is too detailed; and it does not allow our non-profits to steward the lands in accordance with the process of the Preservation Funds in its intent for usage. We also determined to put the allowable(s) in the Code. Our debates and discussions developed into our second recommended solution the Stewardship Grants Program usage and requirementsof the maintenance fund to support the county lands purchased with the Preservation Fund. This recommendation affects HCC 10-16(g) to simplify the entire (g) and insert the following language. II.HCC 10-16: To simplify the entire (g) and insert language. 1 Motion to Approve (Approved) MR. WARSHAUER motion to simplify HCC 10-16(g) and end with the last paragraph before HCC 10-16(h), to delete the entire section and simplify it to read: The maintenance fund shall be used for the restoration, management, and enhancement of the lands acquired under the Public Access, Open Space, and Natural Resources Preservation Fund process. Reasonable and necessary measures shall be commensurate with the reasons Hawai‘i County is an equal opportunity provider and employer. Page 2of 4 for which each of the lands approved by the Public Access, Open Space, and Natural Resources Preservation Commission and purchased by the Department of Finance. This may include but not limited to: •Public outdoor recreation and education; •Preservation of historic or culturally important land areas; •Protection of significant habitat or ecosystems, including buffer zones; •Preserving forests, beaches, coastal areas, native vegetation, and agricultural lands; •Protecting watershed lands to preserve water quality; •conserving land for the purpose of reducing erosion, floods, landslides, and runoff; and •Improving public access to, and enjoyment of, public land, open space, and recreational facilities Seconded by DR. FRANK. A discussion ensued whereas an amendment to this motion failed. Being no further discussion, CHR. TOMICH calls for a verbal vote of the original motion made by MR. WARSHAUER, six members voted aye, and one member voted nay; motion carried. It is the desires of this commission that these recommendations be given your best considerations. It is best for the Maintenance Fund be administered and maintained by the Department of Finance and that the organization to review, approve, process the Stewardship Grant Program be done thru this PONC Commission. This commission’s qualification, education, knowledge, and skillset regarding the acquisition processing of the Preservation Fund may provide a workable solution with the Stewardship Grant Program. We have built a good report and valuable relationship(s) with various non-profits and communities and this unique situation should be considered in stewarding these county lands. We like to thank you for this opportunity and wish you the best of luck. Should you have any more concerns or questions, please contact our secretary, Maxine Cutler at (808) 961-8069 or by email at . Maxine.Cutler@hawaiicounty.gov Thank you for your considerations. KT/mkc CC: Hamana Ventura, Property Manager Department of Finance Deanna Sako, Director Department of Finance Hawai‘i County is an equal opportunity provider and employer. Page 3of 4 REFERENCE 1 Public Access, Open Space and Natural Resources Preservation Commission (PONC) September 10, 2018 Minutes-Regular Session Draft http://records.hawaiicounty.gov/weblink/1/doc/96037/Page1.aspx 2Hawai'i County Charter (2016). Retrieved September 20, 2018, from http://records.hawaiicounty.gov/weblink/1/edoc/85178/Hawaii County Charter, Section 10-16.pdf Hawai‘i County is an equal opportunity provider and employer. Page 4of 4