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HomeMy WebLinkAboutComm. No. 2019-03 Fern Forest Landowner PrioritiesComm. No. 2019-03 Fern Forest Landowner Priorities Public Health and Safety Hannah Hedrick, Phil Clemmer Puna Community Development Plan Action Committee March 5, 2019, Cooper Center, Volcano Village During the past two decades, Fern Forest residents have participated in and led initiatives to improve public health and safety county -wide, particularly in Upper Puna. Between 2006 and 2008, when the PCDP was adopted as ordinance, several Fern Forest residents attended dozens of work group and Steering Committee meetings and reported regularly to the two Fern Forest community groups. We participated actively in subcommittees related to mass transit and emergency response and connectivity, providing testimony at dozens of Council and PCDP AC meetings during the past decade. We have actively advocated for parity for Puna, promoting 1. Reports and events related to Emergency Response and Preparedness, including inter -subdivision connectivity (see Capital Improvements Project Proposal, "Fern Forest/Eden Roc Connector Road," February 13, 2009; Mayor's Committee for Puna Roads Connectivity) 2. Improvements in mass transit via the Hawaii Island Citizens Action Committee to Improve Transportation and testimony at council meetings, community forums, etc. 3. Increased accessibility for people with disabilities via Disability Rights Hawaii and the Mayor's Committee for People with Disabilities We have also asked Council members spanning from the Jacobsons to Matt Kanealii- Kleinfelder for assistance in achieving oversight of the entrenched "roads" Boards that obstruct our effort to work with the County and other entities to achieve the above health and safety goals. Toward that end, more than 20 Fern Forest landowners are requesting specific information related to Fern Forest Community Association ("Roads" group) assets, finances, and recordkeeping and for Human Resources policies and procedures. Several of these Fern Forest landowners submitted a draft five-year road building and maintenance plan. None of these individuals was accepted for the ballot for the 2019 board. We are currently asking the Court to require that the election be redone as soon as possible, with valid nominating and balloting processes under oversight of a group such as the League of Women Voters. We are asking the Court to force the individuals claiming to be FFCA Board members to comply with FFCA Bylaws and other rules. In the meantime, we will continue to participate in various Puna, County, and organizational planning processes related to 1, 2, and 3 above. Comm. No. 2019-03 To expedite progress, we request that the PCDP AC and the Planning Department develop a plan that reflects the "overlay" within and among the Community Development Plans, to be reflected in the General Plan. We further ask that major planning efforts related to CDP segments be integrated with implementing the CDPs and the General Plan. Because of their integral relationship to Public Health and Safety, we are particularly interested in implementing (1) the Mass Transit Master Plan and (2) the connectivity and emergency response priorities in general and the Puna Connectivity Locations reflected in reports to the County Council, currently being considered by the Mayor's Committee on Puna Roads Connectivity (1) Until its later stages, the Mass Transit Master Plan did not emphasize PCDP priorities, such as the Hub and Spoke system, which is clearly related to equal economic opportunity and accessibility for people with disabilities and the frail elderly. Are the CDP Action Committees and the Planning Department instrumental in finalizing and implementing the Mass Transit Master Plan and ensuring that decades of county- wide community input is reflected? (2) Efforts to open a single Puna Connectivity Location during the past decade have been obstructed (1) by entrenched road boards that oppose resident wishes and the PCDP itself and (2) by confusion about roads and easements owned in common by subdivision landowners, referred to as having an "undivided fractional interest" in a specific "Roadway Lot." Please see "Fern Forest Community Association vs. Polynesian Investment Company, Limited," Civil No. 87-519, brought in 1987 and resolved in 1991. The Declaratory Judgment authorizes the Fern Forest Roads group to file equitable liens against delinquent lot owners and to "continue with its road maintenance program." Since then, the FFCA Board and its members who are current in road fees have made all decisions related to the road bed and easements. The Upper Puna Emergency Response and Preparedness Plan includes an action step related to developing a model of inter -subdivision cooperation by connecting Fern Forest and Eden Roc at the intersection of Kaleponi and Punahele. Prior to the 2013 and 2014 Puna Regional Emergency Preparedness Fairs, intended to implement the PCDP, we presented a proposal to a number of County department heads, Larry Brown, and the Planning Department of the County of Hawaii. We suggested that the $25,000 appropriated by the 2006-2008 County Council for a Fern Forest volunteer fire department fire truck garage be used to purchase a structure to be housed by the County until we could get approval to place the building at Fern Forest tax plan 34, Kaleponi, bottom areas adjacent to currently blocked but existing connector road. Until 2014, the FFCA Board supported opening this CL. Paul Lackner and Frank Clifton participated in presentations to other subdivisions and at the PREP Fairs. The Board on which they served sent a letter of support to Patti Pinto and Marlene Hapai. Unfortunately, subsequent FFCA Boards erected barriers at the Fern Forest boundary, in addition to the concrete barrier erected by Eden Roc. More than 100 residents have Comm. No. 2019-03 signed a petition requesting that the County facilitate actions to convince these individuals to abide by the PCDP, which reflects the wishes of the majority of residents in both subdivisions. In the meantime, several Fern Forest residents are participating in the Volcano CERT team. Additional residents are looking forward to working with the PCDP AC, relevant County Departments, and the County Council to implement the PCDP and the General Plan.