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Home My WebLink About2019-01-14 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 January 14, 2019 I.CALL TO ORDER: The regular meeting of the Public Access, Open Space, and Natural Re- sources Preservation Commission was called to order at 10:35 a.m. at the Hilo Hawaii Council Chambers, 25 Aupuni Street, Suite 1401 by CHR. TOMICH Present: Mr. Kekaulike Tomich, CHAIR (CHR.) Dr. Wayne Frank, V. CHAIR Ms. Shellie Bee Allen Naungayan, Member Mr. Rick Warshauer, Member Ms. Susan Wells Fischer, Member Absent: Ms. E. Koohan Paik Mander, Member Mr. Kai’ena Bishaw II, Member Ms. Cynthia Nazara, Member Support Staff: Ms. Maxine Cutler, Commission Secretary Ms. Amy Self, Deputy Corporation Counsel Mr. Hamana Ventura, Property Manager, Department of Finance II.STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: CHR. TOMICH: directed the commission to the next order of business, state- ments from the public on agenda items and invites testifier, Ms. Sammie Stanbro-Olson to the microphone and then Mr. Ed Olson. Ms. Stanbro-Olson wife of Ed Olson and testifies she is in support of Comm. 06-013, Honoli’i Beach and that they are still willing to sell their property to the County. She conveys her support to keep the 2% Preser- vation Fund and have one employee to manage everything. Mr. Olson testifies in support of Comm. 06-013 that he is here to sell his property for $275,000. III.WRITTEN COMMUNICATIONS: Motion to accept and file (Accepted and Filed) CHR. TOMICH: closed statements from the public and directed the commis- sion to proceed to the next order of business, written communications: mo- tion to accept and file. tğŭĻ Њ ƚŅ Ѝ Motion:Ms. Wells Fischer motioned to accept and file Comm. 19-001. Se- conded by Dr. Frank, no discussion. CHR. Tomich called for a verbal vote, all members present voted aye, motion carried. Motion:Ms. Naungayan motioned to accept and file Comm. 19-002. Se- conded by Mr. Warshauer, no discussion. CHR. Tomich called for a verbal vote, all members present voted aye, motion carried. Motion:Ms. Wells Fischer motioned to accept and file Comm. 19-003. Se- conded by Mr. Warshauer, no discussion. CHR. Tomich called for a verbal vote, all members present voted aye, motion carried. Motion:Ms. Wells Fischer motioned to accept and file Comm. 19-004. Se- conded by Dr. Frank, no discussion. CHR. Tomich called for a verbal vote, all members present voted aye, motion carried. Motion:Ms. Wells Fischer motioned to accept and file Comm. 19-005. Se- conded by Dr. Frank, no discussion. CHR. Tomich called for a verbal vote, all members present voted aye, motion carried. Motion:Dr. Frank motioned to accept and file Comm. 19-006. Seconded by Ms. Wells Fischer, no discussion. CHR. Tomich called for a verbal vote, all members present voted aye, motion carried. IV.APPROVAL OF November 5, 2018 MINUTES: Motion to Approve (Approved) CHR. TOMICH: moves to the next item on the agenda and calls on the com- mission for approval of the minutes. Motion:MS. Wells Fischer motioned to approve all grammatical and typo’s that are non-substantive during 2019. That these types of errors be corrected before the next meeting. Seconded by Dr. Frank. Being no fur- ther discussions, CHR. TOMICH calls for a verbal vote, all members pre- sent voted aye, motion carried. Motion:DR. Frank motioned to approve the November 5, 2018. Seconded by MS. Wells Fischer. Being no further discussion, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. V.DEPARTMENT OF FINANCE REPORT: CHR. TOMICH: moves to the next item on the agenda, Department of Fi- nance Report and invites Mr. Ventura to the microphone. MR. VENTURA: updates the commission on the following: 1.The County presented in December 2018, a grant application to the State of Hawai‘i Legacy Land Conservation Program for matching funding for the acquisitions of two parcels: the platform Kapalama Hei’au and Kapanaia Bay. The Counties application ranked second for $1.4 million dollars. tğŭĻ Ћ ƚŅ Ѝ The members of the commission expressed their concerns regard- ing the Charter Commission’s changing the language “in perpetu- ity” would affect our ability to get matching funds and perma- nence. (CA-007) 2.The County is still interested in purchasing a conservation easement for Waikapuna. We are still awaiting the results of the Ala Kahakai Trail Association acquisition of the property. 3.Amy Greenwell Ethnobotanical Gardens there is a deed restriction. This deed restriction says that the property be sold only to a non- profit. With that, the Friends for Amy Greenwell, a non-profit organiza- tion is working with the present owners with these issues. The County’s has an interest in purchasing a Conservation Easement from the Non- profit. VI.OFFICE OF THE CORPORATION COUNSEL REPORT: Being no further questions to Mr. Ventura, CHR. TOMICH: moves to the next item on the agenda, Corporation Counsel Report, and invites Ms. Self to the microphone. MS. SELF has nothing to report. VII.CHR.PERSON’SREPORT: Being no further questions from the commission to MS. SELF, CHR. TOMICH moves to the next item on the agenda, CHR. TOMICH Report. CHR. TOMICH has nothing to report. VIII.UNFINISHED BUSINESS: Being no further questions to CHR. TOMICH, he moves to the next item Unfin- ished Business and notes there is no unfinished business. IX.NEW BUSINESS: CHR. TOMICH moves to the next item New Business starting with Item No. 1. OIP Sunshine Law Training. MS. SELF addresses any concerns from the commission. Summary discus- sion held regarding Agenda, Ad Hoc Scope of Work and Procedures, Meeting Requires a quorum of (5) members, Permitted interactions with two members, PONC Commissions duties, Public Meeting Notification, Public Testimony relevance. Being no further discussion for Ms. Self, CHR. TOMICH moves to the next Item No. 2, Charter Commission update. Summary discussion held if a charter change to 10-16 could be done to allow camping by permit on PONC Lands with Ms. Self. Motion:Ms. Wells Fischer motions to draft a PONC letter to the Char- ter Commission addressing CA-007 and -009. Seconded by Mr. War- shauer. Being no further discussion, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. tğŭĻ Ќ ƚŅ Ѝ A lengthy discussion was held composing the PONC’s letter to the Charter Commission; send a PONC commissioner to the January 25, 2019, Charter Commission Public Meeting in Kona regarding CA-007, CA-009; details of CA-007 and CA-009 and the effects it has on matching funding with grants and funding acquisitions with reduction of the percentages. Concerns were raised regarding the effective- ness of leveraging matching funds if the wording “in perpetuity” was removed. The commission supports funding a position, transferring the position from Parks and Recreation to Finance. The commission op- poses the reduction of the 2% tax contribution into the fund. A letter was drafted and ready for motion. Motion:Dr. Frank motions to approve the PONC letter from the PONC Chair to the Charter Chair, as read by Mr. Warshauer, and to be read on January 25, 2019 at the Charter Commission’s next public meeting as Public Testimony by Mr. Warshauer or designee Seconded by Ms. Naungayan. A discussion held regarding the “in perpetuity” portion of the letter to be brief but comprehensive. Being no further discussion, CHR. TOMICH calls for a verbal vote, all members present voted aye, motion carried. (Attached as Comm. 19-008) Being no further discussion further items, other than Item No. 3. Ad Hoc PONC Committee (Format and Selection Process) A discussion was held regarding the number of Ad Hoc Committees and the scope of work. Ms. Self gives counsel to the commission that they can have many Ad Hoc Committees. Mr. Ventura counsels the commission that suggestions without a willing seller’s letter should not be visited. X.ANNOUNCEMENTS: CHR. TOMICH announces: 1.The next meeting scheduled for Monday, March 11, 2019 at 10:00 a.m. at the West Hawai’i Civic Center, 74-5044 Ane Keohokalole Hwy, Bldg. G in Kailua-Kona, Hawai’i 96740. 2.Set agenda items for Monday, March 11, 2019 meeting: A.2019 Suggestions (Review, discuss) B.Ad Hoc PONC Committee (Format, Selection, Set Site Visit dates) C.Charter Committee Updates XI.ADJOURNMENT: There being no further business at approx. 3:50 p.m., CHR. TOMICH ad- journs the meeting. Drafted minutes Respectfully submitted by: M ax ine C ut ler Commission Secretary Approved: 11, March 2019 Posted: 12, March 2019 tğŭĻ Ѝ ƚŅ Ѝ