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HomeMy WebLinkAbout2018-09-10 Public Access, Open Space and Natural Resources Preservation Commission_Minutes_Approved PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) MINUTES-REGULAR SESSION West Hawai‘i Civic Center 74-5044 Ane Keohokalole Highway, Bld. G Kailua-Kona, Hawai‘i 96740 September 10, 2018 The regular meeting of the Public Access, Open Space, and CALL TO ORDER Natural Resources Preservation Commission was called to order at 10:06 a.m. at the West Hawai‘i Civic Center 74-5044 Ane Keohokalole Highway, Bld. G 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 Dr. Wayne Frank, Member Mr. Rick Warshauer, Member Ms. Susan Wells Fischer, Member Absent: Ms. Cynthia Nazara, 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 CHR. TOMICH: directed the commission to proceed to the STATEMENTS FROM next order of business, statements from the public on THE PUBLIC ON agenda items and invites first testifier Mr. Keoni Fox to the AGENDA ITEMS microphone. MR. FOX: Secretary/Treasurer for Ho’omalu Ka’u is here today to answer any questions from the commission regarding their Stewardship Grant application for Kahua Olohu, the County’s recent acquisition. Council member, Maile David presented Resolution 654-18, was passed by county council a few days ago for last year’s grant application. I am here today for our 2018-19 grant application. Thank you. CHR. TOMICH: invites next testifiers Rebecca Villegas, President of Kohanaiki Ohana, Karen Eoff, District 8 Councilwoman to the microphone. MS. EOFF: introduces herself and mentions that the turnaround from last year’s application the process is so slow and there is a need for a faster turnaround. They are in Page 1 of 12 the same predicament as Mr. Fox; the council just passed their resolution 655-18 from last year’s application and finds it difficult to ask for monies or how to fill out this year’s application, when they didn’t even start last year’s yet. She will be here to answer questions when the commission gets to that agenda item. MS. VILLEGAS: President of Kohanaiki Ohana for six years gives a brief introduction about herself and her involvement with the acquisition of O’oma and her roll in the non-profit. She will be here to answer any questions from the commission. CHR. TOMICH: closed statements from the public and WRITTEN directed the commission to proceed to the next order of COMMUNICATIONS business, written communications, motion to file: Motion to file all six (All Six Filed) CHR. TOMICH: Written Comm. 18-031: Letter dated August 1, 2018 to Chair Tomich Re: Hawai‘i County Charter Commission - Seeking Input. MS. SIRACUSA: makes a motion to file Comm. 18-31. Seconded by DR. FRANK. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to file carried. CHR. TOMICH: Written Comm. 18-032: PONC Stewardship Grant Request received by P&R on August 31, 2018 from Nā Mamo O Kāwā to steward lands at Kāwā, Hilea Nui, Ka’ala’iki, Ka’ū, Hawai‘i. TMK.: (3) 9-5-016:006, 025 and 9-5- 017:005, 007. DR. FRANK: makes a motion to file Comm. 18-32. Seconded by MS. PAIK MANDER. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to file carried. CHR. TOMICH: Written Comm. 18-033: PONC Stewardship Grant Request received by P&R on August 31, 2018 from Kohanaiki ‘Ohana to steward lands at O’oma, North Kona, Kailua Kona, Hawai‘i. TMK.: (3) 7-3-009:004 MS. WELLS FISCHER: motion to file Comm. 18-033. Seconded by DR. FRANK. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to file carried. CHR. TOMICH: Written Comm. 18-034: Resolution 650-18 Authorizing the Director of Finance to enter into negotiations for the Acquisition of a conservation easement of Kahilipali’iki and Kahilipalinui, Ka’u, Hawai’i. TMK.: (3) 9-5- 007:016. MS. SIRACUSA: motion to file Comm. 18-034. Seconded by Page 2 of 12 DR. FRANK. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to file carried. CHR. TOMICH: Written Comm. 18-035: PONC Stewardship Grant Request received by P&R on August 31, 2018 from Ho’omalu Ka’u to steward lands at Kahua Olohu, Ka’u, Hawai‘i. TMK.: (3) 9-5-712-005. MR. WARSHAUER: motion to file Comm. 18-035. Seconded by MS. WELLS FISCHER. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to file carried. CHR. TOMICH: Written Comm. 18-036: PONC Stewardship Grant Request received by P&R on August 31, 2018 from Pōhāhā I Ka Lani to steward lands at Waipio Lookout, Hāmākua, Hawai‘i. TMK.: (3) 4-8-004:006. MS. WELLS FISCHER: motion to file Comm. 18-036. Seconded by MR. WARSHAUER. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to file carried. CHR. TOMICH: moves to the next item on the agenda and APPROVAL OF July calls on the commission for approval of the minutes. 9, 2018 MINUTES Motion to Approve: MS. SIRACUSA: motioned to approve the July 9, 2018 minutes (Approved) with the suggestions of corrections submitted by MS. WELLS FISCHER and additional correction on the bottom of page six regarding quotation from Ms. Siracusa to delete the “of” in her quote. Seconded by MS. PAIK MANDER. No further discussions. CHR. TOMICH calls for a verbal vote; all members voted aye, being no discussion, motion to approve carried. CHR. TOMICH: moves to the next item on the agenda, DEPARTMENT OF Department of Finance Report and invites Mr. Ventura to the FINANCE REPORT microphone. MR. VENTURA: updates the commission regarding the acquisition of Wai’opae. The State of Hawai’i Legacy Land Program has given the County their cancelation letter for the grant funding. All parties have been notified of the letter of cancelation and we are no long pursuing this acquisition. MS. SIRACUSA expressed her concerns regarding the stewardship grant approval for funding. It takes 18 months and some of the non-profits can’t cut the weeds or maintained the lands quick enough and how a burden this is becoming for the non-profits. Is there something we (PONC) can do to help speed up the process? She also expresses her gratefulness that we are out of the Wai’opae purchase Page 3 of 12 and remarks that those funds can be used for future acquisitions. A lengthy discussion ensued regarding the process of the stewardship grants applications which falls under the Department of Parks & Recreation (P&R), the funded county position within P&R, the non-profits not getting the funding in a timely manner from applications, resolutions, contracts, etc. Concerns were raised that it was extremely slow and there needs to be a more efficient way of processing this program. In the discussion it was discussed to invite P&R to the next meeting, so the commission may address some concerns. MS. SIRACUSA: instructs Ms. Cutler to send an invitation to P&R to attend our next meeting. Being no further questions to Mr. Ventura, CHR. TOMICH: OFFICE OF THE moves to the next item on the agenda, Corporation Counsel CORPORATION Report, and invites Ms. Self to the microphone. COUNSEL REPORT MS. SELF: has nothing to report MS. SIRACUSA: asks for guidance how to oust a commissioner that has not attended meetings. Is there a process? A discussion ensued regarding “ousting” a commissioner and resigning. Ms. Self confirms that de-commissioning a commissioner would follow the same pattern, as being appointment, there is a recommendation, Mayor approval, and passed by the County Council. Clarification was made that this commissioner was working on another island and the job is taking longer than anticipated. It was further noted that it takes about a year before an applicant gets on the PONC Commission and a resignation will not speed up the re-appointment of a commissioner. MS. SELF: suggested to the commission that Mr. VENTURA will discuss it with the Finance Director and leave it up to them to inform the Mayor. MS. SIRACUSA: asked if it would be all right to contact Aaron Chun’s office about a replacement his district. MS. SELF affirms ok to do so. Being no further questions from the commission to MS. SELF, CHAIRPERSON’S CHR. TOMICH moves to the next item on the agenda, REPORT Chairperson’s Report. CHR. TOMICH: has nothing to report. CHR. TOMICH: moves to the next item Unfinished Business, UNFINISHED which has two items to discuss, motion, and approve. BUSINESS Page 4 of 12 1. 2018 Prioritized MS. WELLS FISCHER: pointed out errors that did not affect the List: Review, outcome of the scores and it has been corrected. Motion to Approve CHR. TOMICH: calls for a motion to accept the scoring to (Approved) discuss and review. MS. PAIK MANDER: motion to accept the scoring so we can discuss and review. Seconded by MS. SIRACUSA. A discussion ensued regarding District 2 “zero” scores and its effect on the prioritized list. It was noted that the zero scores did not have any significant effect. CHR. TOMICH: calls for a verbal vote; all members voted aye, being no further discussion, motion to approved 2018 Prioritized List carried. 2. 2019 Suggestion CHR. TOMICH: moves to the next item UNDER Unfinished Form: Review, Business, the 2019 Suggestion Form motion to approve. Motion to Approve MS. SIRACUSA: motion to approve the 2019 Suggestion Form. (Approved) Seconded by MS. PAIK MANDER. Open discussion ensued. MR. WARSHAUER: makes corrections to the suggestion form and gives Ms. Cutler the list of suggested corrections to the form. A discussion ensued, and the commission found areas of definitions, grammar, requirements, and wording the Suggestion Form for 2019 to be implemented, which required an amendment to the original motion develops. MS. SIRACUSA: makes a motion to amend the original motion to include the changes made by MR. WARSHAUER and the commission. Seconded by MS. PAIK MANDER. CHR. TOMICH: calls for a verbal vote; all members voted aye, being no further discussion, motion to amend the original motion carried. CHR. TOMICH: calls for a verbal vote to approve the original amended motion; all members voted aye, being no further discussion, motion carried. CHR. TOMICH moves to the next item on the agenda, New NEW BUSINESS Business, which has four agenda items. 1. P&R 2019 Stewardship CHR. TOMICH moves out of order the agenda items and asks Grant the commission to take out of order the #3. P&R Stewardship Applications (4): Grant Application first. Seconded by DR. FRANK. No further Review, Motion discussion. to Recommend. CHR. TOMICH calls for a verbal vote to review the P&R Stewardship Grant Applications; all voted aye, no Page 5 of 12 discussion, motion carried. CHR. TOMICH: invites Kohanaiki ‘Ohana to the microphone. MS. CUTLER: informs the commission that the time stamped between Comm. 18-032 and 18-033 was reported in error and confirms Kohanaiki ‘Ohana is Comm. 18-032 and -033 belongs to Nā Mamo O Kāwā as reported in the agenda. 1.1 COMM. 18-032: Kohanaiki ‘Ohana represented by President, Rebecca PONC Stewardship VILLEGAS, Councilwoman Karen Eoff for District 7, Mason Grant Request Mamo, Project Coordinator, and Reggie Lee, Kohanaiki received by P&R on Shores Development and lineal decedent. August 31, 2018 from Kohanaiki MS. EOFF: updates the commission regarding the ‘Ohana to steward maintenance of O’oma and other current events. She lands at O’oma, emphasizes the need for a more efficient means of North Kona, TMK.: processing the grant requests as they recently have a (3) 7-3-09:04 resolution passed by County Council and still need to sign contracts for an application submitted in August of 2017. (Motion passed w/ She points out they are continuing to maintain cutting the recommendations grass, security, trash pickup, and making sure people are to P&R) camping where the designated spots are. They are looking forward to moving with the more extensive programs. MR. Mamo: updates the commission regarding community and student involvement with the work in cultivating and restoration of native plants through propagating, pruning invasive plants, taking photos of the coral reefs, and monitoring the tide lines. He mentions still waiting to move forward with projects requested in last year’s application. MR. LEE: introduces himself and says he is a lineal descendent of the O’oma property, the Kohanaiki Shores has a great partnership with the non-profit, the community, and good relationships with all. They are looking forward to moving forward. A lengthy discussion ensued with members of Kohanaiki ‘Ohana, regarding the amount for contract labor; clarification that this year’s budget is smaller than last year’s submission; reports need to be submitted. The commission continues to discuss the possibility of amending the charter to include: field tools, food, tents, water, and administrative and employee salaries. It was duly noted that Kohanaiki ‘Ohana are working to maintain O’oma out of their own pocket is amazing but it is a hardship for them. There needs to be a better way to process these grant applications faster, by amending the application and making recommendations to P&R to provide to PONC Commission the progress report(s). Suggestions was made to form an Ad Hoc Committee to visit the grants sites. MR. VENTURA: gives a historical recount of the grant process Page 6 of 12 and clarifies that once the contract is sign and the non- profit gets the money, semi-annual and annual reports are requirements of the grant process with P&R. MS. EOFF: recaps the origin of the code, the charter, and the authorization process. It would be helpful to speed up the process when amending the charter. Being no further discussion, MS. SIRACUSA motion to approve the Stewardship grant proposal from Kohanaiki ‘Ohana with the revisal to two items: signage materials and installation for $800 and Snacks/T-Shirts/Bumperstickers for $400. Seconded by MS. NAUNGAYAN; another discussion ensued. MS. PAIK MANDER: stats that she is uncomfortable in giving her approval to grant funding that has not submitted a report. She acknowledges that Kohanaiki ‘Ohana has not given any report because they have not gotten any grant monies. MS. VILLEGAS: invites the commission to visit O’oma and how much progress they are making without any grant funding. Being no further discussion, CHR. TOMICH: calls for a verbal vote; all members voted aye, motion carried. 1.2 COMM. 18-035: CHR. TOMICH: moves to the next grant applicant, Comm. 18- PONC Stewardship 035 and invites Mr. Keoni Fox of Ho’omalu, Ka’u, to the Grant Request microphone. received by P&R on August 31, 2018 MR. FOX: updates the commission that they are in the same from Ho’omalu Ka’u situation as Kohanaiki ‘Ohana that last year’s application to steward lands at for funding, a resolution was passed by County Council a Kahua Olohu, Ka’u few days ago. They have not signed any contract or TMK.: (3) 9-5-12:05 received any monies. He explains the difficulty of filing this year’s grant application because they are not sure if their (Motion passed w/ request for grant funding will be approved or denied. His recommendations conversations with P&R was helpful. He updates the to P&R) commission regarding maintenance of the property to fix the fence line, mowing, weed-whacking, and trimming trees. MR. WARSHAUER: motion to approve Ho’omalu Ka’u Stewardship grant application. Seconded by MS. WELLS FICSHER. A discussion ensued to request financial statement from the non-profit, food, supplies budget (2,000) should be deleted. MS. SIRACUSA: moved to amend the original motion to delete the $2,000 food costs which are not an allowable item. Seconded by DR. FRANK. No further discussion. CHR. TOMICH: calls for a verbal vote; all members voted aye, motion to amend carried. Page 7 of 12 CHR. TOMICH: calls for a verbal vote of the original amended motion; all members voted aye, being no further discussion, motion carried. 1.3 COMM. 18-033: CHR. TOMICH: moves to the next Stewardship Grant PONC Stewardship application Comm. 18-033, Nā Mamo o Kāwā and asks for Grant Request motion to approve. received by P&R on August 31, 2018 MR. WARSHAUER: motions to approve Comm. 18-033 approve from Nā Mamo O Nā Mamo O Kāwā application. Seconded by DR. FRANK. Kāwā to steward lands at Kāwā, etc. MR. WARSHAUER: comments that the budgetary and Ka’u TMK: (3) 9-5-financial scope of this application is well done. It was put 16:06 & 25; 9-5-together quite well, right down to the itemized items. He was 17:05 & 07 really impressed and wish all applications would follow this format. (Motion passed w/ recommendations A discussion ensued the complexity of and size of the large to P&R) budget does match the large area, concerns were made about some of the allowable expenses, and an amended motion develops. DR. FRANK: motions to amend the motion to P&R to review the allowable expenses, food, contractual services, and office supplies, Seconded by MS. PAIK MANDER. CHR. TOMICH: calls for a verbal vote, all members voted aye, being no discussion, the amended motion carried. CHR. TOMICH: calls for a verbal vote of the amended original motion; all members voted aye, being no discussion, motion carried. 1.4 Comm. 18-036 CHR. TOMICH: moves to the last Stewardship Grant Comm. Stewardship Grant 18-036, Pōhāhā I Ka Lani and calls for a motion to discuss. Request received by P&R on August MR. WARSHAUER: moves to discuss Comm. 18-036. Seconded 31, 2018 from by MS. PAIK MANDER. Pohaha I Ka Lani to steward lands at A discussion ensued regarding budgetary items, Honorarium Waipio Lookout, supplies, food, supplies, indirect costs, small tools, and Hamakua TMK: (3) independent contract services. This applicant has the same 4-8-04:06 problem as the rest of the applicants, receiving monies are slow, there are so many extensions, and this application (Motion passed w/ does mention this in the application, a motion develops. recommendations to P&R) CHR. TOMICH: moves to approve Pōhāhā I Ka Lani’s application with concerns to food, signage, and Honorarium expenses. Seconded by DR. FRANK. A very lengthy a discussion ensued with concerns to the six months requirement of the commission’s recommendation to P&R, according to HCC 2-217, contractual services, repair Page 8 of 12 and maintenance service, etc. Being no further discussion, CHR. TOMICH calls for a verbal vote; all members present voted aye, motion carried. 2. COMM. 18-031 CHR. TOMICH moves to the next item on New Business, Letter dated August Comm. 18-031: Letter dated August 1, 2018 to Chair Tomich 1, 2018 to Chair Re: Hawai‘i County Charter Commission - Seeking Input and Tomich Re: Hawai‘i invites Councilwoman, MS. EOFF, to the microphone. County Charter Commission - MS. EOFF: gives historical testimony regarding the Charter Seeking Input Commission and its relationship to the PONC portion of the charter. She interprets to the commission what the Ad Hoc Charter Committee is seeking input from PONC for the Preservation and Maintenance Funds sections of the charter. She helps the commission to understand the directionality and complexity of changing of changing the Hawai‘i County Charter. She encourages the commission to review and make suggestions to the Ad Hoc Committee that “would make your job better.” A 2-hour discussion ensued between the members of the commission, defining the difference between the Charter and the Code, that itemization should happen in the code and not in the charter. Commission expressed more time to put together a better report. Items that was discussed: 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 bar from re-applying for Stewardship Grants unless a report is submitted; 5. Allocation of maintenance funds to fund a position to process the grant applications; 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. CHR. TOMICH: calls for lunch break at 1:22 pm. CHR. TOMICH: calls the meeting to order at 2:05 p.m.; all members of the commission present; and continues the discussion of Comm. 18-031. He reminds the commission that there are two more items on left under new business. A 2-hour discussion ensued regarding items in HCC 10-16, the maintenance fund, cap amount for the preservation fund, Items that was discussed: Page 9 of 12 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; 12. Simplify the charter and as need be correct it in the code. After a lengthy debate and discussion, a motion develops: MR. WARSHAUER: moved to approve the following HCC 10-16: recommendation to replace everywhere in the HCC 10-16 Replace Dept. of where you find the Department of Parks and Recreation to Parks and replace it with Department of Finance. (Department of Parks Recreation with and Recreation from administrating and managing the Department of Maintenance Fund with Department of Finance (HCC 10- Finance 16(c); the Stewardship Grant application shall be turned in (Motion to the Department of Finance and remove Department of Approved) Parks and Recreation (10-16(h)4); An application obtained from Department of Finance, remove Department of Parks and Recreation (10-16(h)4.A); …other information requested by the Department of Finance, remove Department of Parks and Recreation (10-16(h)4.B; and The director of the Department of Finance, remove Department of Parks and Recreation (10-16(h)7). Seconded by MS. PAIK KOOHAN. No discussion held. CHR. TOMICH calls for a verbal vote; all members voted aye, motion approved and carried. A lengthy discussion held regarding the simplification of changing the charter and leave all the itemization to the Hawai’i County Code and require the non-profit to seek other means of funding, and allowable exceptions in the charter vs. the code, a motion develops. MR. WARSHAUER: motion to simplify HCC 10-16(g) and end HCC 10-16: To with the last paragraph before HCC 10-16(h), to delete the simplify the entire entire section and simplify it to read: (g) and insert language. The maintenance fund shall be used for the restoration, Motion to management, and enhancement of the lands acquired Approve under the Public Access, Open Space, and Natural Resources Preservation Fund process; reasonable and (Approved) necessary measures shall be commensurate with the reasons 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, Page 10 of 12 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. Another discussion held to leave parts of the charter in section 10-16(g) in and take some parts out. An amending motion develops: MS. SIRACUSA: motion to amend the original motion by inserting in the last paragraph before (h) and to add the bracketed words: Moneys in the maintenance fund shall not be used for \[food, promotional material, or electronics or software\], for planning, design…Seconded by MS. PAIK MANDER. A discussion ensued not to include this part in the charter it should be in the code. The definition of the charter was revisited, seeing the discussion elevated, the commission is ready to vote on the amending motion. CHR. TOMICH: calls for a verbal vote; one member voted aye, and six members voted nay, being no further discussion, the amending motion failed. 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 approved and carried. 3. Assign the 2018 CHR. TOMICH: moves to the next item under New Business, Prioritize assignment of the 2018 Prioritize List Summaries for the 2018 Summaries due Annual Report to the Mayor. October 20, 2018. (no motion The prioritize list is assigned, no motion is needed, and it was needed) agreed that all summaries are due to MS. CUTLER by October 20, 2018. 4. Review MS. SIRACUSA: updates the commission regarding the Community purpose of the generic letter from the commission to the Association community association inviting them to submit Suggestion Letter Suggestion Form and signed by each of the commission within each (defeated) district. A discussion ensued regarding the legality or authorization to sign the letter, the public is notified according to Charter printed in two newspaper, as an email attachment to interested parties, and it was discovered that there are hundreds of community associations, corrections was made to the letter, and who is responsible to send the letter out. It Page 11 of 12 was discussed that most associations deal mainly road maintenance. Since the commission agreed that, this process is beyond their duties, CHR. TOMICH tabled the letter indefinitely. ANNOUNCEMENTS CHR. TOMICH: moves on to the next item under announcement and announces: The location and time of the next PONC meeting at 10:00 a.m. at the Hilo Council Chambers on November 5, 2018 and calls upon the members to set the agenda for the next meeting. After a quick discussion, CHR. TOMICH instructed Ms. Cutler to put the following on the next agenda:  Review with Department of Parks and Recreation – New Business  2018 Annual Report to the Mayor – New Business  2019 Calendar – New Business  2019 Criteria Form – New Business  Election of New Officer – New Business  And other PONC business as it arises ADJOURNMENT There being no further business at approx. 4:35 p.m. CHR. TOMICH: We are adjourned. Mahalo. Respectfully submitted by: M axine C utler Commission Secretary Approved on November 5, 2018 Posted: November 16, 2018 Page 12 of 12