2/2312016 Mail at Judi Won Pat Mail - Messages and Communications

Speaker Won Pat <speaker@judiwonpat.com>

Messages and Communications

Speaker Won Pat <speaker@judiwonpatcom> Tue, Feb 23. 2016 at 9:44 AM To: Guam Leg!s!ature Clerks Office <c!erks@guamlegislature.org>

212312016 212212016 Chamorro Land Trust Commission

--- Forwarded message ---From: Teresa Topasna <Teresa.Topasna@land.guam.gov> Date; Mon, Feb 22. 2016 at 9;49 AM Subject Cl TC February 18, 2016 meeting pkg To; ''Honorable Judith T. Won Pat, Ed.D." <speaker@judiwonpatcom>

Pursuant to Publ!c Law 31~233; Chamorro Land Trust Commission Board meeting package of February 18, 2016.

Hafa Adai, attached pursuant to Public Law 31-233 is the Chamorro Land Trust Commission Board meeting package of February 18, 2016.

Thank you.

Teresa T. Topasna

Chamorro Land Trust Commission

649-5263 ext. 436

Check Your Property On Guam Land App

Ufisinan I Etnds Ge 'ludo 'Gi Liheslaruran Gudhan Office of Speaker Judith T, Won Pat. Ed.D. Kumircn Jdukasion Tinakhelo', Kollura, Laihirihan Puphlcko sil11J yan Asunton Famalao 'an 155 Hesler P!ace, Suite 201, Hagatna, Guam 96910 Tel: (671) 472-3586 Fax: (671) 472-3589 www.guamlegfslature.com ! speaker@judiwonpat.com

33-16-1388

This message contains infbnnation which is .:;:onfidential and priYileged. Unless you are the intended recipient (or authorized to receive for the intended recipient), any unauthorized review, use, disclosure or distribution is strictly prohibited. If you have received this message in error, please contact the sender at speaker@judiwonpatcom and destroy all copies of the message. Thank you.

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February 19, 2016

TO: Honorable Eddie Baza CalvoGovernor of Guam

FR: Michael J.B. BorjaDirector

Com,ntcsion Members

RE: CLTC Board meeting of February 18, 2016Joseph L (ritz

Acting bc it noun

Pursuant to Public Law 31-233, transmitted herewith is the Chamorro LandAmandaLG.Santos Trust Commission Board meeting packet of February 18, 2016.

C intunis.nnner

Please do not hesitate to contact 649-5263 ext. 435 if you have anyPascual 11aMan questions.C orntrnssulner

(enm:iun,er

—Conunissioner Director

Michael J.B. florjaAdiniii istrczthe Director

cc: Honorable Judith T. Won Pat, Ed.D.Speaker, 33rd Guam Legislature

Chamorro Land Trust CommissionKurnision Inangoldcon Tano’ C’harnoru)

P.O. Box 2950 Hagdtfla, God/ia,: 96932 Plwne: 639.5263 cxl. 435 Fax: 649.5383

Eddie Baza Ga/va(Jceivctcf (hue/ion

Ray TenodaLetetenceeit Ciore,yier if (heed/apt

Rev. 11/17/2015

Doc. No. 33GL-16-1388

REGULAR BOARD MEETINGAGENDA

Department of Land Management Conference Room3rd Floor, ITC Building, Tamuning

Thursday, February 18, 2016; 1pm

Coin in ission ;lIe,nhersCALL TO ORDER

Joseph L C}uit rUng (1,, nina,,

II. ROLL CALL

.4 ma nda LG. Sa,,tos(‘ummis ci, lie,

Pascual V.A .SaHanCommissioner

Ill. APPROVAL OF MINUTES1. January 19, 2016— Public hearing on properties for2. January2l,2016

IV. PUBLIC COMMENTS

commercial use

(Vacant)C, , mm mm, is, h i m C

(Vacant)Comnmnisci,,ner

.lliclwe( JR. Rarja:lclimim I crmzmtii e Dire,,,, r

V. OLD BUSINESS

VI. NEW BUSINESS1. Resolution to approve proposed commercial properties2. Liberation Carnival at Oka Point - Mayors Council of Guam3. Frank and Mariquita Taitague — application status

VII. DIRECTOR’S REPORT1. Revenue collection report for January 2016

VIII. ADJOURNMENT

Chamorro Land Trust Commission(Kumision Inangokkon Tano’ Chamoru)

P.O. Box 2950 Hagdrfla, Gudha,, 96932 Phone: 639-5263 ext 335 Fax: 639-5383

Eddie Raw (ak,,Gene,i’r,’i (iu,ih,,,,

Ray Ten adoLIiNIL’IJaNt Gn urnur of Guâh,mn

Re,. liii 7/20/5

Doc. No. 33GL-16-1388

lse.pAw ad Gii.m

hen fielanwasie Foe .® (Tweet9 Fin Dema,I tg.rW N fl)M tot Melt ES

)I GLENN LEON GUERRERO

TM%ll’ieOl%e:”iCw,ilwnfssaia

—

.,..

GWDB PUBLIC NOTICEe0

C

Kianision Jnangokkon Tano’ ChanioruChamorro Land Trust Conrn,ission

The Guam Warkforce Development Board is scheduling a Special Meeting for

Thursday, february 18, 2016 at 8:00 am. at GDOUs Conference Room, 3rd floor,

GCIC Buildrg in Ha9âtfia.L,d4:jcnIt rrnnshig if iCI’.C0c0o’n!G.is ot od&tkrn iafo,rcINF, p,rrfucel

icleen Santa, 31(611)4757014/1044 Or emaojoleenianros@dafqnamgae

Ibis ldvrriisvnemwalpaidaithgesemmnnllusdsbytheGaamOepalfllwnsoftabot

Ilw L’hamorro land Iust ( :rnnn,i esion Board Meeting ‘VIII he twit! on

Thursday, February 18, 2016 ii I:OOpm. flcpactmcoc of Lane!

Managenicoc CIII) Iircncc [001:1, 3rd fir, of the H C IIuiIdi tag

590 S. Marine Corps Drive, latuoning.

Irdividnrak requiring special accommodations auxiliary aids

or senkes, may cuntact 649-5263 cat 436.

‘[his ad paki for by Government funds.

——

- GSA General ServIces AgencyAht’IIan tsblton Hednatl

— Os panment ad Adielelsu,tlon

Government as Guam‘49 PosIt I Marir. Grass. Phi. Gasm 96915

tad: 4754707.91 Fin 47242171475’ItZT

THIS ADVERTISEMENT WAS PAID 6407ff SPECIAL FUNDS 55’

OFFICE OF THE ATTORNEY GENERALAtae-relundsbit lee attIC M paths! pacha7a cli be assessed

Cerhied Check. Canteen Check. Cash will ho accepted Na parsnri.TI Dr canpary check

Payment Ian bil package pe.kcd op alter ala pa evil Vol he accnpien

INVITATION FOR BIDBid No.: GSA’027’1 5

Eon: EChO DeNEPS

Opening Dale: 03/0212016 Time: 200 p-rn

mace: GENERAL SERVICES AGENCY

DId N&:FOR:OpeaWig Dale:Place:

FAMILY FINANCE CO1Serving the People of Guam Since 1959

Personal Loan$1 ,000 - $3,500Dadde, Ada Commerce! Stag. NagWa tiemF ¶1r. Prfta B,d5 -

bard FaIHi., 200 South RecitE 4 Mailoc Drive

Tel: 6334473 Tel: 4754545 TeLS47-562e

Fax:533-4474 Fax: 4fl-5662 Fax’ 546-500.5

654029-16TA&ES. COUNIER. 800KSIEF. AND P00mM

0302:2010 Time: 2:30 QIT

GENERAL SERVICES AGENCY Pill. GUAM-CONFERENCE ROOM

Net,; GSA recnemrnda sat pranpective bIdders register mirror ,:ar,cicl IlIlarmatlel edili GM to

ensure Iscy 00055 any solar, realtang any changes on updatra 1,11,0113 Isa IlFanlIrino nqeflq end

GSA wdr sot hr liable lee taaaie Iv reeds mllce 1,1 axe pale aria diii not ir’giiln Liiirpst

alaimalian

INTERESTED PARTY MAY PICK UPFORMS/SPECIFICATIONS AT SAID PLACE

/s! CLAUDIA S. ACFALLEChief Pmcarement Officer

- GSA General Services Agency

/ON(Ainniton S.tblslen Hinle.ti

3 Department xl Admlnwteausn/ Osv.rnIMnt xl Guam

III Rues. e MarMa Odri. PM. Os.., KS’S

Tat: 473.1707.13 F..: 4723397147t’1fl7

ThIS AOVEATISEMENT WAS RAID LMTh SPECIAL FUNDS DY;

OFFICE OF THE AUORNEY GENERALA nss-relaodabie fee ci 510,00 per bid pankage will be assensti

Certdied Check. Canhiern Check. Cash will be ancepted. No personal vi cnmpany check

Payrnefle bdpx3agmpdkad so aMer 300w w:IIyaihe acyplea

INVITATION FOR BIDBid Nec: GSA-032-I5

FOR: 6O-M1Th LEASE AG&EMENI FOR CORErS flt OF ThE AUORNEV CENEIVL(

Opening Date’ 03,03,2016 Tim.: ‘1:003 rn.

Place 5E’IEP,L SbFWCES AIENGY pm. CHuM

Note; GSA recommeado thaI praspectiye bidden roaster curreirt usataci liilsrmstisn

with GSA In ensure they rrceiye any naticta regarding any changen or updates lottie IFS.

TI’e on uculln3 aaeIlcy veil GSA will not be liable tsr failure In proylite notice to any pony

1051 dii ran rupi sict current Cr11001 edurlmtVEl

Is! CLAUDIA S. ACFALLEChief Procurement Officer

IMPROVING our AIRPORT

& ENHANCING GUAM’S‘“ 40 BUSINESS Investment PotentiaI4

INVITATION FOR BID

PURCHASE & DELIVERY OF AIRCRAFT

RESCUE FIRE FIGHTING (ARFF) VEHICLESOne (1) Class Five(S)- 3000 Gallon Capacity Vehicle and

One (1) Class Three (3) Rapid Intervention Vehicle

lED NO: GIM-DOl-FYIG

SUBMISSION 2:00 pm - March 1, 2016DEADLINE: GIM Executive Office

PRE BID MEETING: 10:00 am - February 16, 2016

The Antonio B. Won Pat Int’l. Airport AuthorIty, Guam (GIAA) will receive bested

bids far pniect listed above. S.d documents may be obtained b.:ween a 00 am - ecOO

pm Monday iheough Friday, excludin3 hoildayn from the 3rd floor GIAA Executive Office,

Maier vefl): at and ant a5o aeailatle fec download a, wsgnsa.nMnportaorn. MI b:ds

must be accompanied bya bid aecarity In the amount of 15% tithe total bid pric in the

form of a bid bond, or certllied/cathler’a check, made payable to the GtAA. A non-

refundable fee of Fifty u5 Doilare (550 001 wilt be char1nd for each prinied packet or

Twenty Flee US, Dylan (S25.%) for an electronic pdf rile en cd payable to GtM fri cath

or cenilledfcashlnr’n check- The OIM recoemsends that all prospective bidden, re1inber

contact information whIt GIM by xubmitr,ng the Ackmcwledensea: of Aeceipe Form

Included In the bid packet and by wrltlne to the Enecttive Mana5a or by vititing the

GIM Admlnitteatlon Office- GIAA shall not be liable tot faIlure to provide noticelt) to

any bidder who did no! register contact information. The GIAA will affhmatieely Insure

Smalt lolsadvantagrdl Susinnus concerns will be afforded ISO cash deratom fl contract

awarding. mM also centred he righ: to re:ect any and all bids and to waiee any and all

Itformailtles, and to dl,rotard all non comfoemin or corditlonal btdt- For additional

InformatIon, contact the GIM Procurement Office at 16111 ode oaoo’i durIng the

bourn ttated above.cHARGES H ADS II NTIS ROt MASIIMO

F.e-u:-se Masaee Orm.Arent.’ari,e Wanar,

INVITATIONTOBID1.51 alduranaardwcsvnmdknes Idaylryr

lame yfrctsnn’a II SIN Wail ilOtOainsnnlfrrN:n,niolaesdberbi

VARIOUS REPAIR WORKS AT GOVERNOR’S OFFICE

Pe*a 500-5-lelo-F-A6N

IFS Seoadio ansi anaeany ‘15% to total Md nmeaal ted mal be Btn cradled tr Caxhitea.

Check madt paixade te

AnnIlakIHIf et emeta: . Feinaaey if, ISIS. contracts Mmmisttateni racletal Seers- Iti Rn,

toakliwg S OFWIIO,rrtlmrw.

fleane ronneef recep! frail ale dan-Sin, Cashew -. eaton, 4 DHW Saner lime,

Pm-add Cwdsnet - fieuwacy fl ISlb lOW no Dishor ad Ewintal hseia,enfl (SF9 feldiva 5

21M rena IDe Gsndnrn’on ,seer lisim

EltetnIxat -,d,S2elecaaa.lIedfl..etlepey ceh*Tg9 mJ’ftr

ieniianir,’.ni xl limic wrnkn renew) Ow 111(11 Is reytci ala tall praia me to Wane 515 iriperlcalier

hits ne llamas - Macsri boyle elI abortele VirkanIcvt Ale serve rio Goteiwient ad ova smiereslo.

Doc. No. 33GL-16-1388

0 C

rtat!Hala’ Y,v,nelle

‘a

>

Just as the Guam attorney generalwas asked by a lawmaker to appoint

pei’sons to conduct an independent

legal review of funds expended by the

executive branch, Coy. Eddie CaIro is

asking that the same be done with the

a Guam Legislature.Yesterday, Calvo sent a letter

to Attorney General ECzabeth“ Barrett-Anderson, asking that she

obtain an independent legal review ofthe legislature’s handling of the Capi

tol District Fund.At issue Is what Adelup claims is

an illegal expenditure from the fund

of $330S65 in 2015. The legislaturein 2014 did the same thing. utiliz

Ing $430000 from the fund which itrepaid. However, that transaction was

supported by specific language in lawauthorizing use of the fund,

Catvo said no such language could

be found for the Jan. 7, 2015 trans

mittal request from the legislature’scentral operations for the transfer

from the fund to legislative operations,

Vincent Arrio!a, executive director

of the Gua9 legislature, in a Jan. 27

letter to Calko, cited the specific law

in RI, 31’285, which states in part:

“Notwithstanding any other provi

sion of law, the Committee on Rules,

Federal, Foreign& Micronesian Affairs,

and Human & Natural Resources of ILiheslaturan Guahan, or its successor

committee, is authorized to utilize any

funds under the exclusive control and

purviewofl Liheslatura fo, the pirposeof paying prior obligatLons.”

Dlscrelienary autherifyThe legislative branch contends that

it has discretionary authority over the

fund and insists that they have been on

the up’and’upwith regard toexpending

moneyfrom thefund. Moreover, Arriotasaid, the fund is administered exclu

sively by the Guam Legislature and the

amounts withdrawn were rep&d.Calvo said precedent was set when

statute restricts expenditure of a fund

such as in the case of the SupremeCourt’s declaratory judgment on the

Tax Refund Efficient Payment Trust

Fund, “In that case, the Supreme Court

held that the law restricts withdraw

als ‘for any purpose other than thoseprescribed[’ thegovernorstated. ‘With

regard to situ Capitol District Fund, she

fund is restricted and is not supposed

to be used for operations. However,

information provided by the legislaturepoints to actions contrary to local law,

The legislature is relying on the

“notwithstanding” clause, Still, Calsaid he made his request inthe inter,of fairness and transparency.

The Office of the Public Audtor

already performing an audit on I

Fund, which the administration a

requested.The administration is facing an a

as well after Vice Speaker Genjar

Cruz catl ed for one prior to the adn’istration’s call farone at the legislato

Moreover, Cruz, in December 2(as Calvo did yesterday, asked for

independent review of pay adjxments for 107 Adelup staffers in C2014, Barrett-Anderson found the.adjustments to be lilegal after rec.

ing documents from Cruc, She advi

Catvo to have the employees re

the sums they received which ranfrom several hundred dotlam toaln$24,000,

lix c l,,i Dxcii,, I ccxl Ircist C ,,I,,l,lt%%ll, is lt,,,int \1 t_iittj will icr ii ILl

lisurulun’, l’.,lcruan’ IS, 2016 us 1:flOprn, I), ‘will nil

‘xl, illl’lltctll t,,li t lLll,tllli,clI — icd I lr, cit fi I c IC, InteLS N1,crii

‘Cor1,s I)riu. l.:,,iiaciiii’’ —

infix vlsi ak rxcpiii iii’ il airiilsiisciitf,llii,lIs, oiisifiiry nick ‘,

.,i’si,t, iasr 649.526 3 rss 436 , .

lii’ tip iiI fit, by C ,nxcriIiIirc,l cHiLlS,

_____

PUBLIC NOTICE

The Guam Wckforce Development Boatd is schedcling a Special Meeting

Thursday, Fehniary 18,2016 at 8:00 am. at the American Job Center, locafed

710 West Martnetorps Drive, 3rd floor, BelTower Plaza in Anigua,

ind:nduali rrqxsrxnf writt vrtammxdrlioni or oddxl,annl ,pformarun, pirate raMcof

ia/cell Senior or icP4z5 73747344cr cJjccm armot,: g;rm gre

Tivi aiiaviiixrisrni wax pa,:! vali qrrliinrnt anti by sin rum OrlMfle,’vtot I ,ilwr

By Robert Q Tupasrobert.postguam.com

Governor wants AG to revieIegisbtive spending

PUBLIC NOTICEGuam Board of Easminers for PharmacyRegular Session Meeting, Thursday,Febniary 18, 2016 at 700 AM atTerlaja Protessional Building, 194 HernanCoflez Avenue] 2nd Floor Suite 209Helath Professional Licensing Cf;ceBoard Conferene Room, Hagatna. Guam,

For more intorinatJon please contact lieBeard otnue at 735-7405 tnru 12.Persons with disabilities needing speciala000mmaaations may calf Jtntny Sao of735-7172 or the letecoinmunicationdevice far the HearingfSpeccll impaired(tDO) at 649-1801. Executive meetingneay be catted if r.ecessary

THE S EGRET OFCHANGE IS TOFOCUS ALL OF YOURENE ROY, NOT ONFIGHTING THE 010,BUTON ,BUILDING 1.TUE NEW.

X,’um!sion hzangokkon Thno ChamoruChamor;v Land Trust Commission

r ---Z,,. Get results in ourL

- ‘.%G4

TE’. NOTICE OF PUBtICMEETING:

The Judicial Council of Guam will conduct its monthly meetng on Thursday,

Febnaary Ia, 2015, in the Justice Monessa C. Lujan Appellate Courtroom

located on the 3rd Floor of the Guam Judicial Center, 120 West O’Brien

Drtvê in Hagátña at 12:00 p.m. The agenda witi be made available prior to the

meeting. . .

iFANIILY FN’ANCE’ CCServing the People of Guam Since 195

Any parson(s I mean g ape cia! accnmmedatwi,, aue]]’acy a,es or aerates, pan,

contact the Admimntraior of The Coals at 475-3544, or Joanna S McDanald xi 475-3300.

Is? CHIEF JUSTICE ROBERT 3. TORRES .,‘‘ “

—Chafan

Personal Loan- $3500

Beà*,Ma Cnrec Bldg

Tel’ 633-44 73Fw 633 4474

200 Souui Rate 4Tel:471-4545Far: 477-56112

l*pec Tine Pz,tca BIff,

M,vuie DmsTel 647 5626Fur: f46’E040

Doc. No. 33GL-16-1388

Chamorro Land Trust Commission(Kumision Inangokkon Tano’ Chamoru)

P.O. Box 2950 Hagdväa. Gudiw,, 96932 Phone: 639-5263 ext. 335 Fax: 649-5383

PUBLIC HEARING ON PROPOSED PROPERTY FOR COMMERCIAL USEDededo Senior Center

Tuesday, January 19, 2016; 6pm — 7:55pm

I. CALL TO ORDERThe public hearing was called to order at 6pm by Administrative DirectorMichael Borja.

II. OPENING STATEMENTAdministrative Director Michael Borja - This is a public hearing on theproposed properties for commercial use. Thank you all very much for comingtoday. If you haven’t seen yet we do have some displays of all the propertiesthat we are proposing on the table and we also have some handouts. I’d liketo also recognize one of our Commissioners here tonight, CommissionerPascual Sablan and also my staff here at the Chamorro Land Trust. If you’rehere for this public hearing please make sure that you have signed in and ifyou have any questions we’ll have an opening period at the end for publiccomments if you’re interested in making any comments and as always we’llalways be interested in taking your written comments and we’ll provide thatinformation later on.

Administrative Director — My name is Mike Borja I’m the AdministrativeDirector of the Chamorro Land Trust Commission and the Director of theDepartment of Land Management. This public hearing is required as part ofPublic Law 33-95. Our agenda today is I’ll talk about the public notices for thishearing, the governing directives, the description of the properties that we aregoing to be talking about tonight and then we’ll have the last part of thissession to be available for public comments on any of the properties and I’lltry and answer any kind of questions that you may have specifically for theseproperties. Public notification was done through advertisements on threeseparate days in the Guam Daily Post and it was also listed on our website forthe Department of Land Management. The governing directive for this publichearing is Public Law 33-95. Public Law 33-95 is what establish the rules andregulations for commercial use of properties in the Chamorro Land TrustCommission. The governing directive is §75122, designation of available landfor commercial use. In that section it tells that if we want to have any land thatwe want to use for commercial use the Chamorro Land Trust needs to haveits public hearing and that’s what this part is it’s the first step in a number ofdifferent steps required for this process. The next step is it’s presented to theChamorro Land Trust Commissioners and most likely I’ll be presented thisThursday at 1pm at the regularly scheduled Chamorro Land TrustCommission hearing barring any kind of other unforeseen circumstances.The Commissioners will review what the outcome of the comments are fromthis public hearing and then they’ll vote by resolution to approve the lands that

CLTC Public Hearing — Properties For commercial UseJanuary19, 2016

1119

Eddie B.a Ca1i’o(it, vesmrnj (hi ,han

Ray Tenoñg,Litni (c,,aiti 1;D e’,,r ‘t) c;ui;,,,

Commission Slembers

Joseph I. (ru:.4t Ii;iç’ ( li,uroia,,

Amanda LG.SantosI ?fl?nI 55 ill?? e r

Pascuni VA.Sahlan(•i

(Vacant)(ö,,,,ni csirjner

(Vacant)

Mwhael JR. Borja1dnu,zi tnItiie fEretrci

Rn. 11/17/2015

Doc. No. 33GL-16-1388

they want to designate for public use. That resolution will then be forwarded to the GuamLegislature and the Guam Legislature will then have 60 days to review the lands and at thattime they can have a public hearing if they so select. In the description of the properties weare going to discuss today I’m going to give you a narrative of each of the lands and then I’llshow you an overhead map of where these places are and if I’m going too fast or you don’tunderstand just go ahead and ask a question and I’ll try and be more clear about it. If it’skind of hard to read we do have some handouts but I’ll try and go through this as well.

The Administrative Director went through the following lots identifying the location, lot size,zone, survey map, tax assessed value, potential use and recommendation. List affachedas Exhibit A.

1. Alupat Island, Tamuning2. Lot 439-Ri (Parcel “B”), Santa Rita3. Lot 5075-REM-A NEW, Tamuning4. Lot 5133-1 -2, Tamuning5. Lot 5173-1-R2NEW-6, Tamuning6. Lot 5175-4, -P4, Tamuning7. Lot 5412-1911, Mangilao8. Lot 7054-R5, Yigo9. Lot 7055, Vigo10. Lot 10122-15, Dededo11. Tract 111, Lot 12,Tamuning12. Tract 10123 (Lot 7128-REM), Yigo13. Lot 7163-Ri, Yigo — Removed from consideration due to solicitation protest.14. Lot 5138-2-R3NEW-1-1, Tamuning — Removed from consideration due to pending

Legislation.

Ill. PUBLIC COMMENTS1. Vincent Aguon - Vincent Aguon a Dededo resident. I got a question on Tract 10123. Idon’t understand what do you mean by certain lease holder?

Administrative Director Michael Borja — If you are eligible for a bank loan that would becertain leaseholder or in some case if we try to do something lets say set up a Veteran’scommunity but that would take legislation to do that. We have found that it’s probably morelikely and easier for us to get (inaudible) VA loans for homes built on Chamorro Land Trustthat’s the whole purpose. We’re planning to build affordable housing facilities with all theinfrastructures. If you were to build something and you can’t do it because (inaudible) andyou’re only allowed one lease then we have to work out something to make that transferoccur. But we are willing to work to with people however they want and we do all the time.

Vincent Aguon — Let’s say we already have one and we can’t do anything on the propertybecause there’s so many restrictions.

Administrative Director Michael Borja — Oh yeah that’s what I mean that’s the kind ofstuff where if you want to move out of your current lease from the current location you are at

CLTC Public Hearing — Properties For Commercial UseJanuary 19, 2016

2 j19

Doc. No. 33GL-16-1388

and move to someplace like into one of these housing communities then that’s the kind of(inaudible). That’s the reason especially up here in the north where we have a lot of ourlands you know you have to have a half acre lot at the minimum so you can have a septictank and a leaching field and that takes up a lot of land and we don’t have many (inaudible)amount of land. The idea is to try and build the infrastructure with the full sewer system sothat you don’t have to deal with all those issues.

Vincent Aguon — If we want to plant, we have to backfill, bring in our own dozer andbackfill that whole place. I can’t afford that. So I was talking to my wife about it but it’s likethe only option I got is to keep to paying the tax, keep bushcutting or give up the property. Idon’t know what to do. I brought this up to your office they were talking about this and nowI understand what they were explaining but I don’t understand SUTA and certain existingChamorro Land Trust residential or agricultural leaseholder. I’m existing I don’t know whatit is but its one acre you know supposed to be residential, agriculture but like I said I can’tuse it I can only keep it clean.

Administrative Director Michael Borja — And that’s the problem we have on a lot of thelands throughout Chamorro Land Trust areas is that the lands come with no infrastructure,there’s nothing there. The idea the reason we’re putting this up for commercial use is notso that it can be commercially used and someone’s profiting off it but so we can enter intocommercial agreements so that we can get it developed, we can get the full infrastructurebuilt along with the housing development and then the homes would be bought by theCLTC applicants or existing lessees like you. If you want to try and buy one of thoseaffordable homes yes we’ll work with you. There will be a process once we get into thatpoint. Right now we’re not even at that point but this is the first step in trying to get there.

Vincent Aguon — You know if anything happens to me my property goes to my goddaughter okay the question is how much problems is she going to have to (inaudible).

Administrative Director Michael Borja — No as long as you have someone identified as abeneficiary and the property goes to her then she’ll have the lease after you either hand itover it her or you pass or whatever. That’s important for people to know they need to makesure they have an assigned beneficiary so it makes the transfer of the property much morequicker for us. Is she going to have a problem trying to give up the lease to get certified togo in that housing area? Is she going to have problems giving it up? No I mean she wouldhave to come in and work with us and in this case we’re not giving away these houses wecan’t give away these houses. What we’re trying to do is get a housing development builtthat’s affordable for everyone that comes with all the infrastructure too.

Vincent Aguon — The property I got we have power pole and we have water we just can’tbuild a septic because the water well is right below the property.

Administrative Director Michael Borja — And you may be one of those people we wouldprobably have to make a transfer anyway because Guam Waterworks has come to ussaying you can’t put anything near that water well. Those are the kinds of things we have tolook into to because that’s the problem and Waterworks has come to us recently just asking

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us as weLl they have us a plan a layout of where all their water wells are and the restrictionsthey want us to impose around them for the safety of the water and so we’re going to haveto go back and try and do those necessary requirements which might mean in some casesasking some people if they would like to relocate if nothing has been done yet. Let me juststep back then a little bit now the reason we’re having the ability to take some of the landsto use for commercial purposes it’s not a lot and you can see they’re not really in placesthat are you know out of the middle of well I mean they’re near the roads they’ve alreadybeen used with some kind of activity around them it’s so that we can find a way to makesome money so we can build the infrastructure to some of the places where we’re probablynot going to have any kind of housing development for the people who are out far that haveagriculture lots and no water and no power so we can get the water and the power out topeople. Because that cost money and we need to find a way to be able to take care andinstall some of the infrastructure ourselves too. But in the meantime we’re going to try tofind creative ways to get it put into place without having to fund the entire project.

Vincent Aguon — Would be it hard for us to try to locate a land because of the property withour issues?

Administrative Director Michael Borja — Yes you have the ability to make threeexchanges okay. So if you are not satisfied with where you’re at I would recommend yougo to the Chamorro Land Trust Commission and have a chat with one of our land agents towork out an exchange if you’re interested.

Vincent Aguon — They said I cannot do an exchange until the survey is complete.

Administrative Director Michael Borja — And that’s true and we’re still at that point butwhat we have done since then as well is we’ve gone out and we’ve created agriculturalmasterplan subdivisions throughout the island in places where people have been given outportions of lands which you know are really not legally, they shouldn’t be giving out aportion of some land. So have actually subdivided properties throughout the island alreadyso that we can assess where you’re supposed to go and you’ll have a better understandingon where you need to survey when it comes to that. But here’s also a part of the thing weneed to survey a lot of these properties and that’s the reason we’re trying to raise somemoney through the commercial use of property so we can make money to go out and dothat survey. The Legislature has generously created an infrastructure and survey fund forus and found ways for us to put money into there through all different kinds of means andyou know we’re going to try and use that as wisely as we can to get the lands surveyed. Asyou see there’s one piece of property out there that I pointed out in our listing that isunregistered and the law says we can’t do anything with it. But I’m going to try and get useof it but in the meantime simultaneously I’m going to try and get it registered as well. Comeand talk with us at the Chamorro Land Trust and we’ll work with you one on one.

2. Lasia Casil — My name is Lasia Casil, I’m from Santa Pita. You mentioned that you’vealready received some solicited proposals for some of these properties. I’m just curiouswho are the companies that have come to you and do you know what their intentions are. Imean like for instance what would possibly be done on Alupat Island. You know

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commercial use is a very, very broad term and to lust open up these properties you knowanything can be done. So yeah I’d just like a liffle bit more information on that thank you.

Administrative Director Michael Borja — Alupat Island already had a lease at one timeand the lessee had opted not to renew their option for an additional five years because theyfound it very restrictive to use because of all the coastline restrictions and the naturalhabitat restrictions. There are different kinds of folks out there that have some kind of use Imean even if they went and got the approval to use it from us they still have to go throughall the other agencies for clearance to be able to use it in whatever way. They have to getParks and Recreation folks, they have to get the EPA and Waterworks you name it and insome cases maybe even as far as Army Corp. They’re not part of our GovGuam applicationprocess but there’s you know DPW might step in and say something. But there’s a wholehost of restrictions especially for Alupat Island and that’s the reason this one lessee optednot to renew their options. There is one guy that came in and wanted to use it for setting upspas.

3. Therese Terlaje — Hafa Adai, Honorable Commissioners. I understand there areCommissioners here Mike?

Administrative Director Michael Borja — Yes.

Therese Terlaje — Hafa Adai Honorable Commissioners my name is Therese Terlaje. I’mone of the three attorneys who 20 years ago successfully represented Angel Santos andothers in a lawsuit against Governor of Guam to force the implementation of this ChamorroLand Trust act after a dormant for 20 years. The lawsuit was filed in 1992 months aftermembers of Nasion Chamorro including Angel Santos and Ed Benavente began theeducation petition efforts. They spent time talking to community members from tables theyset up at in shopping centers, handed out flyers at intersections for people who were goinghome from work. They did so much work even met Senators who would listen. They wouldcamp out for 30 days at Adelup waiting to meet with the Governor regarding implementationof this Trust when the court decision was made. Even after the successful lawsuit the Trustwas delayed pending appointment and confirmation of Commissioners and then waiting forthe approved rules. The rules originally submitted to the Legislature were amended by thenSenator Santos’ legislative committee to prioritize residential and agricultural leases and toprohibit any (inaudible) until further rules were adopted. Since opening for applications twodecades ago over 10,000 people applied for residential and agricultural leases. To this daythere remain I believe 8,000 at least of the original applicants who have not been granted alease. When the Chamorro Land Trust was enacted in 1975 it was intended to provide ahomeland for Chamorros in perpetuity. In its original language it envisioned and providedfor a beautiful self-sustained community long before the words sustainability became thepursuit of every nation and every university. It was patterned after programs in Hawaii andother native communities throughout the United States and the world in recognition ofunique political relationships, historic injustice, displacement from the land, critical tocultural practices, fishing and farming. The Trust is even more important today whereChamorros continue to be displaced by land takings, taxes, unemployment, poorhealthcare, contaminants, live military fire training, violence to women, a school system that

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cannot reinforce the identity of Chamorro kids. I’m concerned because the Commissionersof the Trust have declared for (inaudible), this hearing today is that 600 acres of land givenby the people of Guam to the Trust as remedy for colonial displacement from land areunnecessary now for residential and agriculture lease it must instead be leased to thehighest bidder for commercial purposes. What Commissioners should invest wisely thegoal of the Trust is not never was profit. The law is clear that the best use of the land isclearly to grow residential and agricultural communities. The goal is life, food, sustainablecommerce strictly based on community needs. It still sounds physically impossible that 600acres out of only 5,000 remaining acres or 12% of the inventory of the Chamorro Land Trustcan be deemed not necessary for 8,000 pending applicants unless this land is irreparablyhazardous for residential or agricultural use. Limestone before it’s dug up is not hazardousit’s a water purifier, habitat, building block and life sustained. The CLTC have statedpublicly for years that it was unable to lease to the remaining 8,000 remaining applicantsbecause one, it is unable to do surveys and the applicants were unable to afford thesurveys. Two, because the CLTC is unable to complete the land registration proceedings.Three, because the CLTC is unable or could not afford to bulldoze the roads or bring inutility infrastructure within a reasonable distance of the property that could be leased. Andfinally because the only solution to those above issues was money from commercial leasesthat’s what we have (inaudible). However, I’m not convinced that the only solution lies inurgent approval of commercial leases. The precise needs of the Trust must be establishedand all alternatives fully pursued. We may indeed need additional income a specificindustry and even aggregate one day but is today really that day? Are we really faced withno other alternatives? I urge the Commission to look again at its own staff, its finances, itsown operating costs and to reprioritize, to negotiate with other agencies in a mannerprioritizing the needs of the Trust beneficiaries. At a recent legislative hearing it wasreported that no land surveys were done in 2014 or 2015 despite revenues of $700,000 ayear from the existing 500 acres of commercial leases. The CLTC was given a 1 .4 milliondollar lump sum budget in 2015. Reports indicated that the entire 1.4 million dollar budgetin 2015 was used for personnel and office space lease. Personnel cost doubled and rentincreased by $105,000 to $315,000 in one year. To total $315,000 in one year. In contrastoffice space cost in 2011 were zero per the Director when they were sharing space down inAnigua in the old Land Management building. As of last month the CLTC had 1.9 milliondollars in cash assets. The Director at the hearing stated it plans to use $350,000 per yearfor land surveys over the next three years and to pay the AG $500,000 for landregistrations. This Trust owns large tracts of land and yet it’s paying private landlords$300,000 a year for rent. At the very least know that $65,000 a month is 40% of theDepartment of Land Management’s office lease while CLTC takes up only 25% of thespace. CLTC must avoid subsidizing DLM or any other agency if it lessens the ability ofCLTC to obtain the needed land surveys. Our Government agencies are responsible forensuring that all other villages, public facilities, private housing areas are properly plannedand fitted with infrastructure. I encourage the Commission again to seek partnership withDLM’s surveyors, planners, with DPW, GEDA, EPA, AG, SPA, GWA to bring to reality thealready planned subdivisions. The Commission is already authorized to coordinate withDepartment of Agriculture to ensure that all phases of farming and ranching operations andthe marketing of the agriculture produce and livestock is fulfilled. The CLTC may be able torenew discussions with the AG about the possibility of collecting the $875,000 annually from

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the AACF mandated by the same public law where they transferred the 15 acres of CLTCproperty in Fadian to CPA for its headquarters. Perhaps the Commission could forgo theproperty management agreement with GEDA where it’s slated to pay a percentage of allcommercial lease revenues to GEDA and instead keep those revenues for itself. TheCommissioners must never again allow for commercial leases to be in arrears like the onesthat were recently in arrears in excess of $800,000. In the original CLTC statute in 1975 theGovernment of Guam anticipated the needs of the CLTC and appropriated $100 to CLTCfor its start up homeland programs, $500,000 for the startup operating costs including theauthority to hire an administrator for $50,000 and mandating that even the Governor nor theDirector of Land Management would control the CLTC. Without actual transfer of all ofthese funds the CLTC has been forced in recent years to use all of its lease income foroperation instead of for home loan and other programs. In Hawaii recently the Circuit Courtruled that the Hawaii Government’s failure to sufficiently fund the Department of HawaiianHomelands adversely affect beneficiaries of Hawaiian and Homelands Trust by requiring itto pay for staffing and operations out of homeland lease revenues instead of using thatrevenue for homeland programs. Of course Guam doesn’t have this constitutional provisionlike Hawaii but Guam’s Land Trust was set up similarly with these revenues intended to beused for home loans and other programs not personnel or rent. I would like to point out thatalso that large scale of commercial leasing of Hawaiian homeland is criticized because it didnot and has not stem the disproportionate native Hawaiian homelessness. I urge theCommissioners to lead the CLTC with the independence and priorities that was originallyset up and not be led by private developers or any other officials of the Government toconsider again its statutory mandate to hire an Administrator, dedicated exclusively to itspurposes and not subject to cabinet pressure or to the sometimes conflicting priorities of theentire Government. Mike is a friend of mine so this is nothing personal but it’s just really Ithink a business decision of theirs to be. Administrator hired by Commissioners should bedirectly accountable to those Commissioners as the Commissioners are directlyaccountable to the beneficiaries. I believe it could be afforded in lieu of paying propertymanagement fees to GEDA perhaps. I agree with former Senator Ted Nelson who testifiedrecently that it’s very hard to believe that the Government of Guam that spent millions ofdollars to bring power and water to every village to acres and acres of Land for theLandless to private subdivisions and businesses cannot find a way to bring power andwater within a reasonable distance of Chamorro homelands. We can no longer simplyallow the needs of these new communities to be held ransom by our utility and otheragencies. The CLTC has not told us how much commercial revenue it really needs and thisrush to consider 14 lots in bulk is hard to comprehend. I object to theory that we take thecream of the crop the most valuable property and give them up to someone else’s profit. Itis also confusing this material that revenue from existing commercial leases is not goodenough to sustain the CLTC’s appetite for cash. By law the CLTC is required to usespecific properties in its inventory exclusively for commercial purposes. Some propertiesthose were designated like the racetrack, the golf course and maybe tomorrow the propertyacross from JFK. The rest of the 500 acres currently used for commercial leases wereobtained in direct defiance of the moratorium and prohibition against commercial leasesprior to the adoption of commercial rules. The Commission has always had the authority togrant commercial agriculture and aquaculture leases to plan for subdivisions and to grantlicenses for limited terms for public utilities, churches, hospitals, public schools, post offices

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as well as theaters, garages, service stations, market stores and other mercantileestablishments all of which shall be owned by lessees residential and agricultural lessees ofthe Commission or by organization formed and controlled by those residential andagricultural lessees. Again it’s that self-sustaining concept where the people in thecommunities would be the ones operating the businesses in the community and for thebenefit of the community. The license for the Sagan Kolluran Chamorro is an example of alicense that makes sense under this original statute. I’m very thankful for theCommissioners that are here today. I believe today is a pivotal point in the history of theCLTC and the pivotal point in whether the Trust will sustainable or not. It is also animportant time for all the people of Guam for this proposal calls for development in somepristine areas and in our villages. The ad does not list the location of the 14 propertiesbeing discussed and there’s potentially great impact not just to beneficiaries but to residentsin villages where these commercial business will take place. The CLTC has heard from thepotential developers but should hear from residents and environmental agencies of thepotential impacts as well. I ask that the Commissioners have additional public hearings atleast one separate hearing for each of the lots being discussed and at least one at everyvillage where there is a proposed commercial development. We’ve seen in Santa Rita andYona and other villages that the villagers have proven that they care about commercialdevelopment in their back yards. They have significant input about environmental effects oflarge scale development and they deserve the participation to be made convenient forthem. I ask each Commissioner to recommit to his or her fiduciary duty to the beneficiaries.Take time to investigate less harmless ideas. To hear from other experts and negotiatedirectly on behalf of beneficiaries with other agencies and not let the needs or desires ofother parties or even the Government of Guam drive your decisions. You are trustees withthe primary duty of loyalty to the Trust. A fiduciary duty is the strictest duty of carerecognized by the US legal system. The Director of Land Management can be of great helpand service to your role as Trustees but is not a Trustee and not obligated to thebeneficiaries of the Trust like you are. The Director of Land Management represents theGovernor and the Government of Guam in its quest for land for other purposes for industryfor other purposes and resources for other purposes. The CLTC statute is clear from thestart that the Governor and Director of Land Management who have potentially conflictingviews to the use of land on Guam it’s natural will not to have any power in the CLTC. I haveno doubt that we can do better with the Trust if we listen more to the beneficiary to thosewho have waited since 1995 and the new generation that has yet to apply. To those whoalready paid for surveying and infrastructure on their own and listen less to those whowould use Trust assets for special interest and mere profit. As Commissioners you havethe distinct honor to protect the Trust assets and more importantly to protect Chamorrohomelands and the connection of the people to the land. That above all. I imagine it’sdifficult and sometimes feels impossible but I urge you to do not be afraid. Be open, beresourceful and diligent and be aggressive if necessary. Call on all the people around youfor help if you need support. You hold the state of future generations in your hands. Yourdecision will impact the Chamorros remain the number one homeless on Guam, how longour island needs to survive global warming and if our resources will support our self-determination. You have my respect and support but not for this proposal to declare 600acres unnecessary for residential or agricultural use. Thank you.

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Administrative Director Michael Borja — Thank you Ms. Terlaje. I’d like to recognizeAmanda Santos one of our Commissioners as well as Pascual Sablan. I’d like to recognizeMayor Melissa Savares, thank you very much for allowing us to use the facility as well asformer Vice-Speaker Ted Nelson, former Senator Hope Cristobal and former Senator LouLeon Guerrero.

4. Hope Alvarez Cristobal — My name is Hope Alvarez Cdstobal. I am a Chamorro, I livein Tamuning village and I’m here to testify in opposition to the approval of 600 acres ofChamorro Land Trust lands as “not necessary” for residential leases and that’s available forcommercial lease to anyone for any purpose and to allow the quarrying of over 400 acres toone company. Mr. Chairman today’s newspaper report on Guam’s homeless population isdisheartening to say the least, Chamorros highest homeless group the article by GaynorDumat-ol Daleno from PDN. There are many reasons for the condition of homelessnesswhich we all recognize is a growing concern in our island and obviously according to thearticle today is trying to challenge for our US paid political leader in this 21St century colonialterritory of the United States. We also know that landlessness is often the predictor ofpoverty and hunger and if you poor and hungry you would most likely end up homeless.For our island people land constitutes the main asset from which we can derive thelivelihood and for indigenous people it’s under the yoke of colonialism. Land and access toland can have many implications for a broad range of human rights such as housing,shelter, right to food, right to water, right to health, right to work and ideas like equality,equity, democracy, citizenship and political rights. And although adequate attention has notbeen given by political leaders for these rights nor has there been any great strides made inproviding access to land in order to facilitate the realization of our own people’s full humanpotential as Commission members if behooves you to broaden your vision beyond lookingat our people’s lands placed in your trust as more than a commodity, more than income forgrowing the Chamorro Land Trust agency and staff. You already receive $700,000 a yearincome from current commercial leases of some 500 acres. So why are you paying some$300,000 a year to lease office space at the ITC building? Didn’t you once have a rent freelocation? Where is the rest of the money that Chamorro Land Trust Commission earnsfrom existing commercial leases? Where is it going? Where is your plan for utility, waterand power infrastructure for the 6,812 residential applicants and for the 4,377 agriculturelease applicants and the 3,308 of which are still pending. Rather than growing the agencyyou like all others on this island must live within your means and act with purpose andvision for our people who are losing ground in terms of the demographics of this island andin terms of our social economic status or rather lack thereof in our own homeland. As aCommission I realize you are all political appointees. You must rise above politics andexercise foresight and leadership so that our people do not continue to languish as acollective group waiting at the lowest rung of our society right here in our homeland. Does itnot concern you that in the homeland of the Chamorro people we are now finding ourselvesas those who occupy the highest number of homeless people? What is home if you do notfeel good in your home? As our lands come under multiple pressures including populationgrowth, militarization and environmental degradation and land use conversion you must beconscious in your dealings of Chamorro Land Trust lands. You gave GPA and autonomousagency 15 acres of Chamorro Land Trust, Land Trust lands free of charge. What did thepeople, what did the Chamorro Land Trust Commission get in return? Have you forgot that

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in becoming autonomous agencies like GPA were outright granted Government of Guamlands and assets to build their empires while line agencies like Guam Memorial Hospitaland the Department of Education suffer. Now we want to lease one piece of 400 acres orso I think 406 to one company. Imagine how huge that piece is. We have 500 acres thatare already leased and 400 one big chunk would be leased to quarrying purposes. Guam’smilitarization is a huge factor in the pressure to provide these commercial leases and asmost are aware there are already a memorandum of understanding between Lajuna andGEDA another autonomous Government agency that behaves as if it’s a growing businessempire rather than one providing service for the economic development of our people. Andis it Lajuna the one sole company poised to lease this 400 acres of Chamorro Land Trustlands for quarrying purposes going to quarry it for the military? This company thatexercises it’s US business rights in our colonial homeland will now be allowed to destroyour northeastern coastline for its own profit making mining our kaskahu from the colonizedChamorro peoples Chamorro Land Trust lands causing environmental degradation andchanging our islands landscape forever. I am very concerned about this one company’scontract. You the Chamorro Land Trust Commission members represent our people as ourancestors have done for many centuries. You must keep our lands free from environmentaldegradation and destruction for the generations to come. These lands that you hold in trustare our lands. These lands are tied to our spiritual, our cultural and our social identity.They are the source from which we will build our economic and social and culturaldevelopment as a free people. It is all we got. I implore you Commission members toplease adopt policies that safeguards our peoples land resources and that protects arerights as a people of Guam. Thank you.

Administrative Director Michael Borja — Thank you very much. I don’t wish to dampenthe spirit that you’ve proved but that property that you keep speaking about is not on the listfor consideration in this set of lands.

5. Joaquin Perez — My name is Joaquin Perez. I am from the village of Santa Rita butpretty soon I will be a resident of Yigo and this is one of the reasons why I am here today.Mr. Chairman and Honorable members of the Commission and the Chairman is aclassmate of mine and I know him very well. The Chamorro Land Trust Commission shouldbe commended for its efforts to secure input from those who will be affected by commercialleases of Chamorro Land Trust parcels. However, securing such testimony would be muchmore effective if held in every village where CLTC property will be open for commercialleases. The hearings would be more easily accessible to the impacted residents andprovide them with greater opportunities to participate in these public discussions. It was notdifficult for previous CLTCs to conduct public hearings, plural, in Santa Rita on the lease ofthe CLTC property in Atantano to the GRRP landfill and the incinerator. So I don’t see whywe find it so difficult to have it in other villages where the land is located which will beimpacted by these leases. You know I want to point out something, on this sheet only onepiece of property is in Dededo but the hearing is in Dededo. There are a bunch ofproperties in Tamuning, in Yigo, one in Mangilao that are not so why Dededo? I mean I likecoming up here I love to visit but the fact remains that the village in Dededo is not asimpacted as the other villages. There’s a parcel in here that’s going to be held in SantaRita. If this meeting was in Santa Rita I would have my entire family at that hearing and

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they would have something to say. As a Commission you are charged with serious duties,responsibilities and authority to manage parcels which have been mandated to the Trust.The property you have been given authority over belongs to the Chamorro people. It doesnot belong to the Government of Guam and it does not belong to the Chamorro Land TrustCommission. You’re only created to hold it in Trust to make sure that all the benefits accrueto the Chamorro people. Land for the Chamorros. I also suggest that in seeking tocommercially lease any property first preference to those leases should be given toorganizations or corporations whose majority ownership are of Chamorro descent. To dootherwise may be construed as violating the very intent, spirit and purpose of the ChamorroLand Trust Act. These arguments however will be more appropriately determined throughGuam’s legal system. For tonight’s hearing I note that the notice of hearing was relativelyshort. Though I trust that it was noticed in accordance with statutory requirements the onlyannouncement I was able to find in the Pacific Daily News was on Saturday, January 16th

on page 27 in the section titled Village News under Dededo. It was a three liner. On issuesseriously impacting the residents where these commercial leases are contemplated thereshould be greater coverage not only through all of the media but also through villagemayors, the village parishes. I know that on Sundays the Umatuna Si Yu’os circulation isprobably as great as PDN. Likewise I would respectfully suggest that public hearings of thisnature would be better scheduled and better attended if they are not scheduled for the dayafter a holiday. It would be nice if the scheduled time for the hearings take intoconsideration the fact that most people are just getting home from work at 6 o’clock. If thepurpose of public hearings is to gather testimony from as many affected residents aspossible I suggest that holding the hearings in the villages most impacted would be moreappropriate and more in consonance with the intent of the statute which created the CLTC.It was noted in Monday’s KUAM news cast that the Lajuna property in Yigo may be takenoff the list of potential lands for commercial use as the solicitation is currently under protest.Mr. Borja just noted that it’s not on the list, it’s not being considered. However, with thisstatement it is not difficult to surmise that a solicitation has already been issued for thecommercial lease of the Yigo parcel. Thus, in the case of Lajuna, if a protest had not beenfiled this hearing would be but a dog and pony show. Simply a formality to comply with thepublic hearing requirement because the lease would already be consummated. Theresidents of Yigo would have had no input as to the provisions, conditions and terms of thelease. That clearly violates the intent and spirit of the law and is in violation of your trust.To simply dismiss the need to secure the concerns of the residents of Yigo with a cavalierattitude is grossly inconsiderate. There are a myriad of concerns and questions regardingthe proposed lease. When first made public it was noted that the lease was for mineralextractions. Why the fancy words? It is no secret that the only mineral in that area is coral,kaskahu because that is the only mineral in the area. So why the mystery and attempt todisguise the real intent with fancy words and dancing the botsu? It is on secret that thepurpose of the Lajuna lease is to extract a huge amount of coral aggregate. In other wordsLajuna will be turned into a coral pit. The bulk of the coral aggregate is for use inconstruction projects at Andersen Air Force Base, Finagayan and Northwest Field areas aspart of the military buildup. The coral at Lajuna is high quality white coral. The qualityrequired under the federal specifications for concrete in military construction projects.Batching plants have already been built at Andersen for this purpose. Lajuna becomeseven more desirable because of its proximity to the job sites. Military construction projects

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have limited windows between batching of the concrete and actual pouring. The closer thebatching plant to the project the better. The Lajuna pit would provide a source of aggregateclose by. This proximity would save the successful leaseholder a substantial amount inequipment travel and big time money. But there are things which seemingly are not beingconsidered as the Laluna lease is contemplated. Transporting the aggregate will requirevery large dump trucks in the vicinity of 15 to 20 cubic yard variety and a lot of them.Though Route 15 may be the primary route, Gayinero Road or Chalan Lajuna will providemore efficient access to Route 1 Marine Corps Drive and thus a more efficient route toRoute 3 the Finagayan area and to Northwest Field. Gayinero Road and Chalan Lajuna aretwo lane secondary roads through residential areas. These roads are already heavilytrafficked by all types of vehicles including school buses. To add more large dump truckswould aggregate and make more dangerous the existing situation. Additionally theintersections of Route 1 and Route 15 is Laluna and Gayinero are not designed for heavydump trucks and cement transits. Yesterday’s incident at the intersection of Route 1 andRoute 16 is a prime example of what could happen. You do that on the intersection atChalan Lajuna then somebody is going to get killed because it’s narrow and it’s very sharpit’s a 90 degree turn. It has been proposed that the Lajuna coral pit would be terraced andeventually rendered suitable for residential development. A study of existing coral pits fromthose presently active to those which have been closed will probably suggest that this is butpie in the sky dreams. A walk thru at the Sammy Rock pit, the HawaUn Rock pit, the formerFadian Pit, the former Perez Bros pit in Tamuning, the former Pacific Rock pit in Tumon, thecoral on Bello Road and Barrigada Heights, the former Navy pit on Naval Magazine and theGovGuam coral pit on Ysengsong road will provide a real world view of what really happenswith these corals pits. In closing I am asking that notwithstanding the protest against thesolicitation on the Lajuna property and whatever delay that may bring a public hearing bescheduled for Yigo with adequate notice and the distribution of the appropriate andattendant documents to all residents and landowners. I am sure you will not bedisappointed in the attendance and with the input you will receive. Thank you for yourconsideration and your conscientious attendance to the provisions of the Chamorro LandTrust Act and the heavy responsibilities you have to all the people of Guam, those who willbe impacted by your decisions and most especially the Chamorro people. I know that theimpetus for commercial leases is the development of a source of revenue to provide for thesurvey, mapping and registration of CLTC parcels to be distributed to many waitingapplicants. Two of my sons waited for 8 hours in Piti to get their number. One of them isnumber 424 I think but they got pretty long numbers. We’ve heard, the Governor wrote us aletter, wrote them a letter saying we understand you’ve been waiting a long time but we’regoing to work on it. You know I think we better stop trying to put a (inaudible) over thepeople’s eyes, we know and we’ll spot a sham real quick. I suggest that prudence alsosuggests that a conscientious approach be taken to ascertain the concerns of all who willbe impacted and that they be given reasonable opportunity to voice those concerns on whatis happening with their land. I’m going to say it again, this land doesn’t belong to theGovernment of Guam, it doesn’t belong to the Chamorro Land Trust, it belongs to theChamorros. Thank you.

(Chamorro translation by CLTC stall Karen Charfauros)

6. Ed Benavente — Who are the commissioner here? Please raise your hand. How manyCommissioners are here tonight? Two came. Good evening my elders, brothers and

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sisters. I think it is appropriate tonight that speak Chamorro because Chamorro LandTrust was/is intended for the Chamorro people. If we are to look back to the beginning of allthis I think of Anghet Santos. Two fabulous Senators, Frank Lujan and Paul Bordallo gavea document to me and Anghet Santos, we were considered errands boys at the time, andtold us that we were to continue the fight for the Chamorro Land Trust act which had notbeen implemented at the time. Then in the year 1990 the Nasion Chamorro came togetherand collectively decided that the implementation of the act had to happen since the law waspassed in 1975. We went from village to village from Yigo to Humatak to have people sign apetition. That is why this matter is very dear to my heart and discussions to use the land forother reasons than originally intended is a serious matter. The intention of the two Senatorswho gave us this law intended it for Chamorro people that even if for commercial reasons,Kin was right, it was intended for commercial use by Chamorro individuals if that is whatthey choose. And if they wanted to farm then that person applied for an agriculture and ifthey wanted to build a house then they applied for a residential lease, so that was clear.So when I heard there was going to be a meeting tonight I asked what kind of meeting? Tobe honest I didn’t know there was going to be a public hearing tonight or if this was an opengathering, so what kind of meeting is this tonight?

Member of the public - Public hearing.

Ed Benavente - Okay a public hearing. But what is the necessity of this public hearing? ButI cannot help but feel that when I hear of the degree of this gathering that there is someself-interest or there is a piece of land that someone politically connected desires. Wefought for this Act in two administrations, two. It was clear and loud when the courts saidthat the Chamorro Land Trust was a legal act, that the intentions was for Chamorros whowere wrongfully denied their land, for those individuals and for their heirs. On occasionpoliticians will question me Ed, how are we going to put in waterlines and powerlines?Power poles called tarpo, were installed way back so that phone lines and powerlines couldbe installed. They are there. Now, I have never heard of any situation when for exampleTan Maria who wants power connected to her house is told get your money ready. I havenever heard of that. All the infrastructures are done under capital improvements projects.They made sure that when the power poles were installed they already considered that atsome point Tan Maria and Tun Juan would be customers of GTA, so I am sure that thesame was considered when they installed waterlines and all infrastructures. The GTA linewas installed in my childhood neighborhood in Kanada, Barrigada, my father never paid tohave them installed. All the infrastructure is already in place so it behooves me when weneed to issue land within Chamorro Land Trust properties that the first thing legislators sayis we need to lease out commercial properties within Chamorro Land Trust to pay forinfrastructure within residential and agricultural leases. They are lying to us my elders,brothers and sisters. Don’t believe them. The philosophies have changed, they are notincluding Tan Maria in the capital improvement projects anymore. They seek more themillion dollar project like the new office for GPA and GWA. My goodness what anexpensive project and for me that is where the funding for the capital improvement projectfund is going instead of towards Tan Maria or Tun Jose. It is very deeply hurtful when I seethe evidence that the struggles we had for this cause is disregarded. I now implore thosewith influence to soften your hearts. There is someone out there that is not sleeping but is

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watching us and our next move. There is one person out there that can guide and lead usthrough this mess. There is no need to mention names. God is not sleeping. There shouldbe a member from Nasion Chamorro that needs to sit in this position of power to act onbehalf of the Chamorro Land Trust and what it is intended for. We should not listen to themwhen they say they need these commercial leases because the infrastructure was placed inthe 50’s, 60’s, and 70’s. Know that once installed Tan Maria and others will sign up ascustomers. The telephone pole that was installed during my grandmother’s time is stillthere but she was never asked to pay for its installment. Not one dime. So please mybrothers and sisters stand up for what Anghet Santos fought back then for us. Do you knowwhat hurts me this morning while having my coffee? When I read the first page of thenewspaper and it said the number one homeless people are our people, the Chamorropeople. That was unheard off twenty years ago. What has happened to us that we havereached this point? That is what we should be asking ourselves. How did we get to this?When a foreigner comes to Guam and is homeless the federal government will seek to takecare of him before they help our people. We are always placed at the back of the line. Andnow this program that was created to serve the Chamorro people has an excuse for thelack of progress. This I do not understand. So now I will say this, there is no race of peoplein this entire world that can thrive without its language, culture, its spirit and the land. Thatis loud and clear. I implore those that have a seat on the Board of Chamorro Land Trust todiscuss these matters and if you can’t for some reason please resign yourself from theBoard and make it known and be clear as to the reason you are leaving the Commission.And please do not be tempted to act contrary to the intentions of the Chamorro Land TrustAct, please. I didn’t hear all the speakers tonight but I did hear Hope Cristobal, Hope it hasbeen twenty years since we have been fighting for this cause. Therese Terlaje who wasour attorney since the 1990’s, Kin your speech tonight was sweet, well thought out and tothe point. Mr. Borja thank you for giving us this opportunity tonight.

7. Roland Quitugua — My name is Roland Quitugua and I’m the Chairman of the NorthernSoil and Water Conservation District. I’m not here to testify as much as it is to engage indiscussion. First off the northern district is really concerned about the number of acresbeing proposed. I understand it’s supposed to be going on for a period of so many yearsbut what we’re looking at and I apologize I’m biased because I’m from Yigo so those threetracts I mean I get heartburn every time I’m leaving the house with all the traffic therealready and anticipating these new developments and also the commercialization of someof these green spaces is of great concern, We’ve seen up in the northern district a lot of thegreen areas that are being developed in private lands. And we feel strongly that we need todiscuss this more because of the fact that we’re seeing more and more green spaces beingcleared. While we cannot say much with what’s happening on private property we can saythat on Government property we have a more responsibility to be good stewards of theland. We see a lot of (inaudible) happening right now and I don’t know about you guys but Igrew up in Yigo and when I was a kid there was never a thing with flooding. How do youflood on top of limestone? Yet we have development that is happening and what happenswith development is we’re ending up with paving and don’t worry because we got engineersthat will engineer the heck out of that and yet we still have flooding issues. My good Mayoraround here in Dededo oh my gosh she is the flooding queen. The thing about it how manyacres are we taking out and how many acres are we moving from that recharge? Our

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concern is the recharge of aquifer and its design so I’m asking is if you are going to bedeveloping that it be looked very carefully. Another concern we have is the Soil and WaterDistrict has been working for many years with the University of Guam CooperativeExtension Service, with the Chamorro Land Trust as well as the Department of Agricultureand we’ve been working on training, educating agricultural lessees and potential agriculturalChamorro Land Trust agricultural lessees on how to farm, how to better utilize theirproperties. As the gentleman here said in the beginning he’s on a piece of property that hecannot farm. We have developed curriculum and we have demonstrated with our partnersUSDA and this is Bail Lawrence sitting here who provides USDA federal programs forthese agricultural lessees to utilize these properties and so what we would like to know is asyou’ve got a plan presented before us for the commercial aspect of your Trust we would liketo see the agricultural plan as well because you’re taking agricultural lands out of theequation and converting it to commercial so where does that put the agricultural lands. Youcan’t say that even in your as you said you have an ag lease plan what is that based onbecause we have seen a number of ag lessees come to the District and come toDepartment of Agriculture and come to the University because if you’re put on an ag pieceof property an ag lease which in their eyes is not suitable for ag production. And I can tellyou that I have seen and I have been on the Lajuna site and that’s some good property. Itused to be a (inaudible). Now Mr. Borja we ask that you maybe present your ag programyour ag masterplan and maybe present a (inaudible) manner that we might be able to betterjudge the intention and see exactly how the Chamorro Land Trust plans on proceedingforward. In regards to the commercial leases that are being proposed I cannot overemphasize the importance of what was brought up earlier about having to go back into theactual villages that have a stake here. In this case Yigo has three of the tracts but I wouldlike to bring light to something that I saw earlier you have a piece of property in Dededo theone parcel there was another parcel that used to be the Dededo Transfer Station that wasclosed. Is that correct? Is that Chamorro Land Trust property if it’s no longer being DPWbecause that reverts back to Chamorro Land Trust? I think on another thing we can do iswe can probably save one of these green spaces or use it for agricultural (inaudible) andrecharge the aquifer if you need to take the (inaudible) which is going to be of high valuesitting right next to Marine Drive and all the utilities are there already. So I’d ask you toconsider that as an option. It’s already cleared and apparently any trees (inaudible) on thatas well and I think that’s high value. So if you take a look at that area that might be anoption to save some of these green areas. Thank you.

8. Margarita Perez — Hafa Adai my name is Margarita Perez. I want to address Lot 5173-1- I don’t know the rest of it. Anyway I just want to remind everybody the reason why thislot is sold by a local Chamorro it happens to be my father Frank D. Perez to theGovernment of Guam. So I could I would just like to read the affidavit of Governor CarltonSkinner regarding this property. I, Carlton Skinner, being first duly sworn, depose and say:I was appointed in August 1949 by President Truman as the first civilian Governor of Guam.At that time Guam was administered by the Navy Department and I was responsible for theNaval Government of Guam. I took the oath of office in Agana in September 1949 andimmediately set about converting the Naval Government to a civilian government. With thepassage by Congress of the Organic Act in 1950, the island became a Territory of theUnited States. I quickly realized that Guam had a serious problem of providing civilian

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medical care and hospital services for the civilian population then about 35,000 people.The Naval Government after World War II had created an entity call Guam MemorialHospital. In reality this barely existed. It was a group of temporary butler buildings andquonset huts contiguous to and administered as part of the Naval Hospital. Thesetemporary buildings rusting, leaking and with no air conditioning were only hospital wards.The essential facilities were all part of the Naval Hospital, the operating rooms, pharmacy,laundry, morgue, power plant, kitchens, mess hall and patient feeding were all part of theNaval Hospital. The Navy had plans for building a new Naval Hospital in its presentlocation overlooking Agana Bay and intended to tear down the temporary dilapidatedbuildings in use. I considered asking to have these transferred to the civilian governmentbut did not for two reasons, the appalling state of repair and the totally uneconomicprospect of making these buildings into a viable hospital. While in Washington in Novemberor December 1949 seeking typhoon relief after a devastating typhoon I called on the Chiefof the Navy’s Bureau of Medicine and Surgery and proposed a joint Government ofGuam/Navy use of the new Naval Hospital then getting ready to be constructed. I offered topay for all hospital services to the civilian population or in the alternative to employ doctorsand nurses and others as necessary to carry our share of the joint hospital service. TheAdmiral said that would be impossible, he could not permit civilian government employeesto work in a Naval Hospital and he was unwilling to arrange for joint use, reimbursed by theGovernment of Guam. In frustration I asked if we could employ cleaners and drivers. Heanswered “absolutely not”. About this time the Navy in Guam built a chain link wire fencebetween the temporary Naval Hospital buildings and the buildings used as wards for thecivilian population and called euphemistically Guam Memorial Hospital. It became clear tome and my colleagues in the new civilian government that we would have to build our ownhospital. In order to include this in the budget, I needed a study of best location, optimizesize, facilities needed, etc. We had no money for such a study in the budget which Interiorhad prepared before I was appointed. To solve this problem we built a temporary cockpiton Paseo de Susanna and held week long 10 hours a day cockfights with the Governmenttaking a cut on all bets. This provided us with $25,000 which we used to hire a Honoluluarchitect who had designed several hospitals in Hawaii including Queen’s and St. Francis.The architect did a workmanlike job of determining facilities needed and designing them.One of the most critical elements was the location. It had to be accessible from the tenmajor centers of population with reasonable access for roads and utilities. A location inOrdot was considered along with several others. However since the Naval Hospital was tobe located in a preferred site overlooking the ocean we concluded that it would be wrong tobury the civilian hospital in the interior. The civilian patients were also entitled to anattractive location with beautiful views, cooling trade winds, etc. I asked Manuel Guerrerothen Assistant Director with Land Management to find such a site. He came up with thelocation non Satpon Point. I asked him to negotiate for it with the landowner who turned outto be Frank Perez. About this time the US Army was winding down its activities on Guamand on Saipan and Tinian. So anyways it goes on it’s got another paragraph or two but Ijust wanted to share with you why Oka Point was sold from a local Chamorro. It was soldfor the people of Guam and the intended use that the Chamorro Land Trust Commissionhas on here is for commercial and hotel. So I just wanted to remind the Commission thatthe intended use was for the locals and I’m hoping that that’s what will remain as somethingthat we locals can use as (inaudible) can enjoy the view that Kutturan Chamorro gets to

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enjoy now and those that attend Kutturan Chamorro. That’s all I’m going to say thank you.Sorry one more thing I wanted to let you know this is Document 544237 filed with LandManagement.

9. Monaeka Flores — Good evening everybody, Mr. Borja, members of the Department ofLand Management, Commissioners of the Land Trust. My name is Monaeka Flores and I’mhere in opposition for the use of 600 acres to be categorized as not necessary forresidential leases and also against over 400 acres to be used, identified for quarryingpurposes. This (inaudible) which is really to try to find funds to support the infrastructure forChamorro Land Trust lands it actually negates the sole purpose of the Trust which is toprovide lands to landless Chamorros and empower our most marginalized communitymembers. As all of us know the Chamorro Land Trust act is intended to advance thewellbeing of the Chamorro people by way of equitable land distribution (inaudible)exclusively on interest of Chamorro Land Trust beneficiaries to hold up its Trust propertiesfor its beneficiaries to maintain and uphold their fiduciary responsibilities to the beneficiariesof the Trust, to exercise due to care and diligence in management of Chamorro homelands.Our indigenous Chamorros have suffered from historic injustices as a result of colonizationand dispossession of their lands and resources and continued to be confronted with thesystemic oppression the occupation and land taking. Such oppression and displacementhas prevented us from exercising our own rights to development in accordance to ourneeds and interest as indigenous people. Without informed consent, fair compensation(inaudible) can be argued that a great number of our community members including manyof the applicants and beneficiaries of the Land Trust are in fact descendants of families whohave lost a great deal of land and therefore their own empowerment and economicsustainability due to land taking. Therefore the Chamorro Land Trust is critical to ourphysical, spiritual, economic and cultural survivorship of our people and to promote inheritrights of our indigenous community. I am extremely against the open removal of naturalresources for profit. We are exploiting natural resources and land that is held in public Trustit just doesn’t make any sense. Realistically the Board is a political entity so I’m heretonight to please try to encourage you to think for the people and not just for you know whatpeople in power are asking you to do. You know currently as its written the way this iswritten priorities are not going to be given to Chamorro owned business entities to benefitfrom even the use of commercial Land Trust properties so it’s open to anybody. And if youreally think about it who are the Chamorros who could benefit? It’s actually a very smallpopulation who could benefit from something like this. So if you open up Pandora’s box youknow you can’t imagine the negative repercussions of exploiting our natural resources andbasically giving away Chamorro homelands to businesses for development. I really justwant to echo what Senot Benavente said earlier you know the whole rational for thesecommercial leases is to help benefit those who want land for agricultural and residentialpurposes but I really want to reiterate the need to look at (inaudible) projects and also someother suggestions I have are you know to develop a nonprofit arm of the Chamorro LandTrust to identify for grants such as the thousands and thousands of dollars available to theUS Department of Agriculture for water infrastructure in agricultural properties. Or evenmaybe to take a portion of the funds collected from all of the construction permits andpulling some of that money toward land surveys or water infrastructure in Land Trust for theLand Trust beneficiaries. Again I’m completely opposed to commercial leases under the

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Chamorro Land Trust. It goes against the very core of what the Trust was created for.Thank you very much.

10. Cara Flores Mays — My name is Karen Flores Mays and I’m in opposition. I have acouple of questions. When is the public comment period over? When are comments due?

Administrative Director Michael Borja — I’ll leave that up to the Commissioners at theirhearing on Thursday.

Cara Flores Mays — Okay and for folks that are not here I know that there are quite a fewpeople asking where they can submit comments to. I mean is that the only email addressthat they can submit to?

Administrative Director Michael Borja — It works.

Cara Flores Mays — Okay I just want to point out that the real issue here is not money.The Land Trust if it were a priority would be funded. I mean if we have enough of money topay millions of dollars for consulting on the revitalization of Hagatna and have money to doretro pay raises then the issue is really not that we don’t have money. It’s that somebodyhas their eyes on these specific properties and they want to justify the taking of theseproperties. And I think the bottom line is and I’ll submit my comment later because I hatespeaking up front but the bottom line is that these lands are not for public taking they are forChamorros and if you look at the way development has gone it has not benefited theChamorro people. You have a few people who are really well off and then you have therest of the population that is struggling and I don’t know do you guys have kids? Do youhave children? Do you have nieces, nephews? I have a 9 year old daughter and I reallydon’t want her legacy or her understanding of our people to be that they are homeless andforced to live underneath trees outside of Paseo. I mean we may be removed from that orwe may feel that we’re being moved from that but if all of our people are not doing well thenwe’re not doing well either. And so I just don’t understand how development is going to bea solution to this problem when it has not been thus far. So I’ll submit my comment laterthank you.

Administrative Director Michael Borja — And the Chamorro Land Trust we only can workwithin the confines of the public laws that are given to us and on someone’s previouscomment about prioritization given to Chamorros you know that was what was in ouroriginal rules and regulations that the Chamorro Land Trust submitted but when theLegislature took it upon themselves to make their own you can ask the legislative legalcounsel why it’s removed but it was.

11. Sabrina Perez — Good Evening my name is Sabrina Perez and I was humbled by thespeakers that came before me. I don’t have anything written but I just want to basically saythat I think somethings really wrong with the rules and regulations and it needs to go backto be really readdressed. Because for one thing I think when we allow or have thediscussion where we can allow the destruction of our island through mineral basicallydestroying our island think something is really wrong with this process. To me this

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process seems very similar to military buildup process and the war be taken on the role ofour colonizer where we have to put our people you know up basically we have to speak outagainst something that is an injustice and it’s against our interest our best interest for ourpeople. I feel that the rules and regulations need to be rewritten so that we talk about howwe’re going to develop our island in a more environmentally sustainable way. To me whenwe’re in a rush to make profit and in expense of our wealth because really our wealthcomes from our environment, it comes from our culture, it comes from our people who canyou know sustain us. I think that it needs to be rewritten. So I think that the rules andregulations something is wrong with it when we allow this to put ourselves in this position.When I moved back here to Guam about seven years ago I was fortunate to become anintern where we would go out into the limestone forest and we would study the impact ofbird loss to Guam. In the background I would hear the breaking of our coral on the eastside of Guam and to me maybe I’ve been saving for this moment because I wanted to knowwho can I talk to to stop this destruction. I think we really need to stop the destruction ofour island, It’s very important that we don’t allow this anymore to happen. Thank you.

12. Candice Muna — Hafa Adai my name is Candice Muna and many of you may know meas Primitiva. I don’t have anything written out. I’m just moved to say something is that nowat this present moment most of our earth is being torn apart. Forests are being burned andtrees being cut down. Our waters are being polluted they’re toxic and now the Governmentof Guam wants to take away the land that belong to the Chamorro. When I say belong it’snot because we possess the land but because we are the rightful stewards of this land. Ourancestors have been here for 4,000 years or more. And we are the one who have theconnection this spiritual connection to this land who are most equipped to defend this land,protect it and also nurture the land so that the future generations of all Guamanians andChamorros have clean air, clean water, clean food. So you know it’s not in our best interestfor these lands to be taken for commercial use as many of you all know. I hope that theGovernment can do what is best for not only the Chamorro people but also for all thepeople living on this island and breathing the same air, swimming the same ocean, drinkingthe water, eating the food that comes from the land. And so it’s with this that I just want tosay that it really is our responsibility it’s all of our responsibility to continue to push fotvardand we will not give up. We grew up reciting the lnifresi which is our oath to our land and toour ocean and to our ancestors and to the children. So it is our responsibility to continue onand to ensure that our families and our friends, everyone and our community understandsthat this is not just our struggle but it’s every ones. Thank you.

IV. ADJOURNMENTPublic Hearing adjourned at 7:55pm.

Transcribed by: Teresa Topasna, WPSII:________________

A d b Board mob U f

____________

Michael J.B. Borja, Administrative Di ctor: Date:2//?/

Joseph I. Cruz, Acting Chairman: Date:.h’F//’

Attachment, Exhibit A

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1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Alupat Island, Tamuning

1. FACTS:a. Location: An island in the Alupang cove area, inside the reef, near the Onward Beach Hotelb. Lot Size: N/Ac. Zone: N/Ad. Parcel Identification Number: N/Ae. Land Management Survey Map No.: None, referred in document recorded as Instrument

No. 804582I. Tax Assessed Value: N/A

2. POTENTIAL USE:Any commercial activity conducive to its size and location, in compliance with all restrictionsestablished by local and federal guidelines regarding coastline use and natural habitat

3. RECOMMENDATION:Authorize br commercial use for the purpose of engaging in a commercial lease

:3. 2015 Ch,m:ro Lard t CDrm ssn

ALuPAT ISLAND, TAMUNING

ExHIs1 A

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CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19,2016 Public Hearing

Lot No. 439-Ri (Parcel “B”) Santa Rita

1. FACTS:a. Location: Off Route 2A, Santa Rita, south of the fuel tank farmsb. Lot Size: 87.2 acres (352,872 square meters)c. Zone: Light Industrial (Ml) zoned. Parcel Identification Number: 10000373120000e. Land Management Survey Map No.: 274FY20011. Tax Assessed Value: $888,744

2. POTENTIAL USE:Any light industrial or commercial activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease

ii,uary 19. 2016 Chamorro L2nd Trust Commission 9

LOT 43*41 IPARCEL “fl, SANTA RaA, PlO 100003?3120000 ,ZONE Ml

P EFERA NC ESLNCTSFYIOO t. DOC SUitfl

PROPERTY VALUE InI.744.0

j1r..M192C16 Ch.noi:o LrdiHst Commss 0n ‘C.

2

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1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Lot No. 5075-REM-A NEW, Tamuning

1. FACTS:a. Location: Off Marine Corps Drive, Upper Tumon, behind East-West Rental and adjacent to the

Nissan Auto dealershipb. Lot Size: 3.3 acres (13,504 square meters)c. Zone: Multi-family Dwelling (R2) zoneci. Parcel Identification Number: 3000006330000e. Land Management Survey Map No.: 172FY2012f. Tax Assessed Value: $815,047

2. POTENTIAL USE:Any commercial or multi-residential activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease

January 19 2016 Cha morro Land Trust Cornn, :ssIon U

LOT 6075-REM-A NEW, TAMuNING, PCI 30000OO530O0O. ZONE RZ

kEFflENCE:I) DOCJC nfl’

LM172FTN1LI-?1

FRCPfRTY vAwEWi.C47

4!

——

Csarno,,.z Land rrs, fl,vm5$aQn

3

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1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January19, 2016 Public Hearing

Lot No. 5133-1-2 Tamuning

1. FACTS:a. Location: DII San Vitores Road, Tumon, adjacent to the Holiday Resort Hotel, also known as the

Cushing Zoob. Lot Size: 0.25 acres (1,024 square meters)c. Zone: Hotel (H) zoned. Parcel Identification Number: 10000550630000e. Land Management Survey Map No.: 258FY89f. Tax Assessed Value: N/A

2. POTENTIAL USE:Currently being used as a zoo established by public law. Current lease has expired

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease to legitimize currentoccupant of the land

ja-. r,92OIe .Qrnrr 3;O 13

L0T5133-1.2, nMutáw, Plb l000eSSfl30000,ZONEH

M$FY0 D00fl30342

ROPnW VALUE: NA

January19 2D1 (Hamorro Land Tyut p

4

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CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Lot No. 5138-2-R3NEW-1-1, Tamuning

1. FACTS:a. Location: Off Marine Corps Drive, Upper Tumon, between K-Mart and Shell and adjacent to

DISID propertyb. Lot Size: 0.7 acres (2,868 square meters)c. Zone: One-Family Dwelling (Ri) zoned. Parcel Identification Number: 10001298930000e. Land Management Survey Map No.: 314FY89f. Tax Assessed Value: $728,990

2. POTENTIAL USE:Any commercial or multi-residential activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease

Jruary 19. 2016 (burnt, ro tand Trust Ctrnnr’ss’tn 15

LOT 5138-2-R3NEW-1-1. ThNUNING, P101 10 01fl893VVV, ZONE Ri

EFERENCE:I DOC.NO OO41L$l4FTfl

VALUE. sp “0 00

ç.i- ,

_a

Jarrury 19 2015 Charrcra land TrLS: C.:rn—r ss.w

5

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CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Lot No. 5173-1-R2NEW-6, -R6, Tamuning

1. FACTS:a. Location: Off the west end of San Vitores Road, also known as Oka Point or Old Hospital Pointb. Lot Size: 38 acres (153,463 square meters)c. Zone: Multi-family Dwelling (P2) zoned. Parcel Identification Number: 30000016360000e. Land Management Survey Map No.: 076FY2013f. Tax Assessed Value: $19,394,218

2. POTENTIAL USE:Any commercial or hotel activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease

LOT 5173 1-R2NEW4 -R8, TAMUNING, PID 3OOCX1635OOV, 3OOOCl636OOO, ZONE R2

REFERCNCLWCflFY2QU. 722. DOC P111244

PIOPERTY VALJJE15172-I -NEWI (III 314211 20L5i7FiR3IlEW (NA)

r .

—j....

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CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19,2016 Public Hearing

Lot No. 51 75-4, -R4, Tamuning

1. FACTS:a. Location: Off Route 1 OA (Airport Road), Tamuning, west of Home Depot and behind Mendiola

family propertyb. Lot Size: 4.5 acres (18,193 square meters)c. Zone: Multi-family Dwelling (R2) zoned. Parcel Identification Number: 10002323435000e. Land Management Survey Map No.: 1OSFY2O1Of. Tax Assessed Value: S3,190,880

2. POTENTIAL USE:Any light industrial, commercial or multi-residential activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease

January 19, 2016 Chamorrt Land Truut COmmiusion 19

LOT 51754, -R4 mMuNING, PlO 10001855820000,10002234350000 • ZONE R2

REFERENCE:UIIQIFflOI 0.0°C n17R

PROPERTY VAUE.LSIT lObs 107.00)U1754 ($‘.lW NO.161

January19 Charns,r jrd ruc) Crr—n-so,o,

7

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CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January19, 2016 Public Hearing

Lot 5412-Ru, Mangilao

1. FACTS;a. Location: Off Route 15 Mangilao, adjacent to and behind the GPNGWA buildingb. Lot Size: 74 acres (298,450 square meters)c. Zone: Agricultural (A) zoned. Parcel Identification Number: 3000009710000e. Land Management Survey Map No.: 036FY2013I. Tax Assessed Value: $717,084

2. POTENTIAL USE:a. Create a terraced subdivision housing communityb. Extract mineral to be sold for revenue and infrastructure development

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial contract with a developer toterrace property for future housing development, install infrastructure, and build affordable housing tobe sold to eligible CLTC applicants or certain existing CLTC residential or agricultural leaseholders

iDnuary 19, 2016 Chamarro Land Try,n CornnnInson 21

LOT 5412-Rh, MANGILAC, PID 30000009?10000 ZONE A

£rERtNciir’IMQFY2OI& D0cs14714q

ROPERn VALUE. 1717*14

JanLia ry ‘9. 2016

StChamc , Land nun, Comm’s,ron 22

8

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1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Lot 7054-R5, Ylgo

1. FACTS:a. Location: Off Marine Corps Drive, Ylgo, adjacent to the GPA substation and near the Yigo

community gym.b. Lot Size: 12 acres (48,309 square meters)c. Zone: Agricultural (A) zoned. Parcel Identification Number: 10001787920000e. Land Management Survey Map No.: 1 67FY93f. Tax Assessed Value: N/A

2. POTENTIAL USE:a. Currently being used as light industrialb. Any commercial or multi-residential activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use tor the purpose of engaging in a commercial lease

C-er,, La’r t., C,mrn s;D

LOT 7054414, YlGO, PD 100017B7920000, ZONE A

:FEkENtEI:uimn 0°C l3IS3

•OPERW VALUE: NA

Janurj 19 016 Chamo,ro ijr, Trust Comm’u,,on

9

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1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

LDI No.7055, Yigo

1. FACTS:a. Location: Off Marine Corps Drive, Yigo, behind the GAIN animal shelter and the Vigo gymb. Lot Size: 43 acres (174,655 square meters)c. Zone: Agricultural (A) zoned. Parcel Identification Number: 10001724130000e. Land Management Survey Map No.: Prewar map A-261f. Tax Assessed Value: N/Ag. This lot is UNREGISTEREDh. Portion of this lot designated as a FEMA site for disaster debris management plani. Portion of lot held In reserve for Guam Waterworks to determine location of future water well sites

2. POTENTIAL USE:Any commercial or multi-residential activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose ol engaging in a commercial lease, pending land registration

nuar ii 19 2016 Ch,rnoi I N rd Trust Corn mission 25

LOT7OSS. Y)QQ, PlO 10001fl4130X0, ZONE A

p,.-Wr Ma. A-ni

P’ERW VAt Jr. NA

jIOTE UNREGiSTERED

a—uary 19 :025 C,a,nosro. ad ,ug Corrm us or.

10

Doc. No. 33GL-16-1388

1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Lot No. 10122-15, Dededo

1. FACTS:a. Location: Off Bartolu St., Dededo, north of the old Dededo waste transfer station and adjacent to

the municipal golf courseb. Lot Size: 13 acres (52,925 square meters)c. Zone: Agricultural (A) zoned. Parcel Identification Number: 10000123580000e. Land Management Survey Map No.: 1 84FV881. Tax Assessed Value: $1,677,806

2. POTENTIAL USE:a. Currently being used as a metal scrap facility established after a major typhoonb. Any light industrial or commercial activity conducive to its size and location

3. RECOMMENDATION:Authorize tor commercial use for the purpose of engaging in a commercial lease to legitimize currentoccupant of the land

LOT 10122.15, DEDEDO. PlO 10000123580000, ZONE A

MIMYI& LtC.116fl21

T, VALUE: 1,sn.wt

ianury 19. 2016

11

Doc. No. 33GL-16-1388

1/21/20 16

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Tract 111, Lot 12 Tamuning

1. FACTS:a. Location: Off Pale San Vitores Road1 Tumon, across from Ypao Beach Park and Proa Restaurantb. Lot Size: 0.63 acres (2,564 square meters)c. Zone: Hotel (H) zoned. Parcel Identification Number: 10000678840000e. Land Management Survey Map No.: 332FY95f. Tax Assessed Value: $860,400

2. POTENTIAL USE:a. Any commercial or multi-residential activity conducive to its size and location

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial lease

Ja’,ary 19. 2016 Ch3mo o Lar,d Trust Cornm,os’on 29

TRACT 111, LOT 12. TAMUNING. PlO 1OOOGQOOa . ZONE H

r

141 4jp

98_v

JauMy 19201€ ChaTc,:s In,,, TrLn Corrm so on 30

12

Doc. No. 33GL-16-1388

1/21/2016

CHAMORRO LAND TRUST COMMISSIONProposed Property for Commercial Use

January 19, 2016 Public Hearing

Tract 10123 (Lot 7128-REM), Vigo

1. FACTS:a. Location: Off Marine Corps Drive, across from Vigo gymb. Lot Size: 30 acres (122,098 square meters)c. Zone: Agricultural (A) zoned. Parcel Identification Number: 10000457410000a Land Management Survey Map No.: 229FY76f. Tax Assessed Value: $2,666,037

2. POTENTIAL USE:a. Master planned for about ninety one-third acre residential lots to include some road frontage commercial useb. With housing subdivision development to include all infrastructure, can possibly be redesigned for over one

hundred fifty house lotsc. Potentially eligible for SUTA

3. RECOMMENDATION:Authorize for commercial use for the purpose of engaging in a commercial contract with a housing developer toinstall infrastructure and build affordable housing to be sold to eligible CLTC applicants or certain existing CLTCresidential or agricultural leaseholders

ry 19 2016 o,m,ro .and Trust comrn’ss,sn 31

TRACT 13 (LOT 7128REM). Y1GO, PID 10000357410000. ZONE A

1M022J77L 0CM l1GOI

0’WU1C V ,AUL; U Mb4 CIC

Jan.a9 :9 :ca Chancro Lrd Tns Ccrn—,s:or. 32

13

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1/21/2016

REMOVED FROM CONSIDERATION DUE TO A SOLICITATION PROTEST

LOT 7183-RI. VIGO. PlOW I00C1102120000, ZONE A

EF4tWCL: -

0°C 140 UI. 4JIPTflDCC 140 VI4T flFYlQ. 4344

0flRfl V4LUL $iZI)lS2 00

•+

janhja -,‘9 216 Chr,oryo a’d Thjs :srnrl), Qfl

REMOVED FROM CONSIDERATION DUE TO PENDING LEGISLATION

LOT $)38-2-R3NEW-1-l. TAMUNINQ, Pica 1XC122893a000. • ZONE RI

flFrnNcs.1)0CC 140 43•1L$lvt4.

jry 19 2016 Chantrc :ad T’,35 Crrm suer

14

Doc. No. 33GL-16-1388

Ray Tenorio(iI;re;urrt (;r,hou

Lom,nicsion ;Uemberv

Joseph I. Cruz4 ting Chairman

COMMISSION MEETING MINUTESDepartment of Land Management Conference Room

3rd FIr., ITC Building, TamuningThursday, January21, 2016; 1:lSpm—3:58pm

I. CALL TO ORDERMeeting was called to order at 1:15pm by Acting Chairman Joseph Cruz.

II. ROLL CALLPresent were Acting Chairman Joseph Cruz, Commissioner Pascual Sablan,Commissioner Amanda Santos, Legal Counsel Kristan Finney andAdministrative Director Michael Borja.

,hnanda LG.SantosC o,,,,,,ksimrer

Pascual 144.SafflanC, ,n,n,.c c irn,cr

(Vacant)(‘o,r,,nisshmer

(Vacant)Co,n,nisci,,ner

Miciwel JR. Rorja,%dmn, i.clralive Director

APPROVAL OF MINUTESIll.

_________________________________________________________

1. November 19, 2015Commissioner Pascual Sablan moved to approve the minutes ofNovember 19, 2015 subject to corrections. Commissioner AmandaSantos seconded the motion. There were no objections, MOTIONPASSED.

IV. PUBLIC COMMENTS1. Francis Taitano and Frank BorjaFrancis Taitano — We are here because we operate as independent tourguides and we have a concern to bring before the body.

Acting Chairman Joseph Cruz Okay and this is in reference to?

Francis Taitano — The Pagat area the Chamorro site. First I’m going to makea few comments but I’d like to pose a question to the Commission. Thequestion is did this body the Chamorro Land Trust ever authorize or empowerand specifically the Mayor of Vigo to control who may or may not access thePagat cave and site of the Chamorro Land Trust? Did this body authorize theMayor of Vigo to control the access where some may come and some maynot and I’m going to be more specific but is that news to you or? I’m going tobring that out first.

Acting Chairman Joseph Cruz — Is the access dedicated name? Is there aname to that street of that access?

Francis Taitano - No.

Rn. !I/7/2OI5 Frank Borja — What it is is what we’re trying to find out whether or not theYigo Mayor has been appointed as a Government representative to allow or

CLTC Meeting MinutesJanuary21, 2016

11 44

Chamorro Land Trust CommissionKumision Inangokkon Tano’ (‘hamoru)

P.O. Box 2951) Hagdtfla. Gudhan 96932 Phone: 639.5263 ext 435 Fax: 639.5383

Eddie Raze Cairo(ILi i. nj (;wd,c;,,

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Doc. No. 33GL-16-1388

disallow any specific private entity or persons from entering and hiking that area.

Acting Chairman Joseph Cruz — Not that I’m aware of. Director?

Administrative Director Michael Borja — What we have here sir is somebody is posting asign with the Mayor of Yigo’s letterhead on all the tour operators vehicles at the Pagat areaadvising them that they could not use the facility without prior coordination and approval ofanother tour company. When we received copies of that letter we contacted the YigoMayor and advised him that he needed to cease that and remove that; just retract thatauthorization immediately and he did so. We did not give anybody any authorization nor didwe authorize the Yigo Mayor to take control over the access of that area.

Francis Taitano — So with that being said if I may continue on the specifics and theramifications the implications of his action that was taken. First of all when we say thatthere were two notices that were put on our vehicles where we park when we do the trekthe first notice and if I may I’ll just go ahead and read it its very short so you have a senseof what’s happening. To tour operators subject Pagat Cave, Hafa Adai due to liability andthe safety of our island visitors all tour operators into Pagat Cave which is Governmentproperty and under my lurisdiction will not be allowed starting on January 18 this year.Should you have any questions please contact my appointed representative US Explorerand Study Inc. at this number, it gives a telephone number. Sincerely the Mayor signing hisletterhead. When I saw this my first reaction was to run to you guys and to other entitiesthat oversee Pagat. For example as tour people we have to go through GVB, where we’relicensed. There is Chamorro Land Trust and I’ve learned from your people here that there’salso Ancestral Lands and there’s of course historical sites because it’s an old Chamorro siteso Parks and Recreation perhaps and environment EPA. I was thinking of running to thoseand get the feedback but I decided to give the courtesy to the Mayor and hear him out whenI found this. It was posted on my car on a Saturday, a weekend not a Government workingtime and I approached him the following Monday and we sat and the gist of that meetingwas oh, don’t worry about it, disregard it, don’t bother. I shared with him that the wordinghere as I read to you it says the liability and safety and I appreciate that because there’sbeen loss of lives there, military, people jumping off the cliffs and things like that. So Iunderstand his concern but he tells the reader of this document which is me and anyoneelse he posted with to go and talk to this other private our competitor if we have anyquestions. That’s what it says here and I said we have a waiver of liability a wholeharmless document that every hiker must sign if they’re going to go with us and this is whatwe do this is how we try to protect ourselves. I said as far as the Government I believe it’skind of self-insured if they’re walking on Government land. But this is what I told him Ishowed him his waiver of liability and he said this is fine, this is good, enough. I thoughtthat was the end of it and a few days later I find a second notice on my car and it reads, itbegins the same way, due to liability and concerns of the safety of island visitors it is underadvisement that all tour operations must obtain liability insurance coverage no later thanJanuary 18, 2016. This is to ensure your clients are properly covered in the event of anaccident. Should you have any further questions contact my office and this other privateentity. So he now revised after saying everything is fine he revised this in saying I andanyone else must have an actual liability insurance as we walk the site. So now that’s why

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I’m coming to you because he said don’t worry and he puts this and this puts me at aposition of what he’s saying as of Monday the past Monday I cannot be there, I cannot bethere if I only have a waiver of liability. I must have liability insurance for people walking onGovernment land. And so that is why I’m coming before you. I went to GVB to ask themabout it and they said we never gave the blessing and you are saying you did not. I’vegone to these too now to you today. What I want to say is I’m glad to hear that but thereare implications to this and I just want to share it with you what this implies if and when thisis done. Because what I shared with him is something of this magnitude requires I think allthe agencies involved like you folks and Attorney General’s Office you have legal counselwhere we need to come up with a position because ladies and gentlemen a lot of the siteswhere the tourists go are Government owned. Pagat is not the only place. Every time atourist steps out of a vehicle be it a taxi this is talking, we’re independent tour guides butthis is a taxi, a transportation, bus, limousines when they step off into Ypao, to overlook atCetti Bay, the Inarajan poois, they’re stepping onto Government land is my belief. And if wesay that you must have this then it implies to me. I may be totally wrong and need to becorrected but it’s like taxi drivers, transportation, anyone that takes a tourist to aGovernment site that is owned by the Government must have liability insurance. I willassure you that I am certain without looking into the records the majority do not. There areover 170 independent tour guides, there are tons of taxis and transportation and they haveinsurance as we do within our vehicle. But the minute they step out very few have liabilityinsurance it’s only for themselves not for the Government I think, this is my guess. So whatthe implication here is like it’s going to impact if it were to be ever enforced because anyMayor can ask that of any Government site in their municipality. It would greatly impact thetourist industry where you say you can’t be here now. The other thing I want to mention isas we go to Pagat the specific location we are not the only users of the site. Local peoplego there regularly it’s a very popular site. The military when they’re off they’re trekking that.And in particular the University of Guam the classes there environment, bio, anthropology,Chamorro culture, they’re down there with the professors. I went to UOG and I asked and Igot a copy of their waiver they do the same as we do. A student must sign a waiver ofholding them harmless. That’s what they have this is what we use and they don’t haveliability insurance as far as I know. So you have other users and if the concern issomebody is going to hurt on Government then let’s close it off not just to the tour people.This is my thought. But when that was tried some time ago in the not too distant past wehad the Department of Defense if I may remind everyone the marines wanted to use it as ashooting range and there was a great out roar of the public saying you know you cannot justuse this to your exclusive. We need to go down and appreciate that site. So that’s what isthe result and now I think now they’re moving elsewhere. So the public wants to go downthere and we’re not the only sole users of it. There’s one more thing that happened as aresult of this, the independent company our competitor who wants the exclusive use of thesite has now taken that document that notice and put it on the electronic media on his siteand basically and I have to qualify myself, I can’t read Japanese but the translation that Iasked of it he’s basically saying I, this company are the exclusive authorized people and noone else is authorized. The Government of Guam and the GVB which never gave theirpermission this is the translation that said only they can do it. So someone, the Mayor fromhis notices it has gone and I think through the edging or the influence of this company heput this thing out that I think he should not have and now it’s reached into another company

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where our guests are looking at something and saying oh, the other companies can’t gothere only this company. So basically this is what has happened by his action. There arealready repercussions of it and we’re getting some feedback and they’re calling us andsaying is this true that you can’t do this you can’t go there anymore. And that is why I amhere today, that is why we are here today because a Government entity is saying he hasthe power to make it exclusive and for some and not for others and the users are the wholeisland pretty much. If it’s a liability issue then most of the users do not have and we usewaivers at this point. Other companies have liability insurance. But that’s a concern Iwanted to bring to you today and the implications I don’t know what repercussions whatmeasures can be taken now that it has already affected the market where one is allowedand others are not. It’s already out there, it’s hard to retract. I don’t know what actions youcan take, what consequences can be levied out but this has already occurred.

Frank Borja — I am also here to address the same issue. Even though we work asindependent tour guides and also operate an individual separate tour operators okay we goto the same site we hike. I’ve known Mr. Taitano for several years we found out we’rerelated today which is no importance here but I wanted to be sure and clear of where theLand Trust stands on this. Because through hearsay you know so and so, I spoke to soand so, so and so I spoke to so and so and arms are just reaching everywhere I wanted tobe clear on the Yigo Mayor whether his office has the power to do so or not. And if not heneeds to be let known and the public needs to be let known. Also the company which he isalso working hand in hand with to do all this they need to be put to a stop okay. And toprevent any other future incidences of this ever happening we ask whatever agencies areresponsible for these areas make it clear in black and white to these tour operators and tothe municipals of whatever village where their powers starts and ends. And also whatcompanies can and can’t do this and how it’s supposed to be done. That’s all I ask. We’rehere today because the Mayor did say he was coming here today and next week butapparently he’s not here today to address this issue but we will because we understand thatyou guys do have the power. You are one entity which we need to talk to and this needs tobe address because it is affecting our business and our business in particular in a negativeway. Our competitor’s thriving from the Yigo Mayor’s action and ours is starting to slowlyfail but we’re picking up a little bit. But still we do get questioned, we’ve been questioned bytour, how do you say it, I’m trying to remember how to say it. Sorry, I’m bilingual I speakJapanese, English and Chamorro so I’m trying to remember how to say this in English, tourcoordinator companies, booking agencies, those that we are very familiar with they are likeis this true, is this true? Does this person have this sole proprietorship of this area? Areyou guys operating illegally? And we want to stop all that it’s making us look bad. It’s notjust bad for us it’s also bad for Guam because now I have customers asking is this alwayslike this I thought Guam was a friendly place. I’m like Guam is a friendly place but againthis is business okay. I want to protect my heritage and that is that area okay. I amChamorro and of course I love my island. So we need to be clear on what person’s powersand no powers are there okay. I thank you guys for hearing me out on that.

Francis Taitano — Just to conclude we got the notice on our cars and within a week it saysterminate and I don’t think that’s normal Government procedure where you’re going to makea statement and you cannot do this and you have only this many days. When the military

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Doc. No. 33GL-16-1388

wanted to use the place they had tons of public hearings and comments and the Mayor justsaid on this day no more. There was no breathing room or you know and that’s whatactually occurred.

Commissioner Pascual Sablan — Mr. Taitano, Mr. Borja, what is your primary objection ofconcern here? I believe as a tour company you should have that insurance liabilityinsurance.

Frank Borja — Which I do but like I said my particular interest is the Yigo Mayor’s pushingto this saying he has the right, the power to stop us from going there.

Commissioner Pascual Sablan — I guess looking at this angle that maybe because Pagatis under his municipality but I’m pretty sure you have liability insurance.

Frank Borja — And I do.

Commissioner Pascual Sablan — How about Mr. Taitano?

Francis Taitano — Right now we’re trying to secure it. The local companies are veryreluctant to do it give (inaudible) with the numbers. So some that have they have likethrough a broker and the actual insurance company is off-island.

Commissioner Pascual Sablan — Well here’s my concern is that you’re in business, you’remaking money and if you don’t have that insurance and if anything happens to your clientand Guam Memorial Hospital is going to foot all the bills you know and if you haveinsurance the insurance should pay for those liabilities or charge the cost you know. Hemight not be and I don’t at this point whether he’s the appropriate person to administer thisor be the watchdog of those things but you I believe by law it mandates you as a tourcompany to have an insurance.

Francis Taitano — No sir I stand to correct. We got our license I asked GVB because weget our badge, Rev and Tax gives us our license and we took classes at GCC forindependent tour. There was never a mention of you must secure this. If it was we wouldnot be operating until we got it. They would not issue those things. They did not require it.GVB you ask them they do not require it. What we have done on our place is to try to be assafe as possible and gotten waivers until such time we have the liability.

Commissioner Pascual Sablan — Have you checked the Attorney General? You’re talkingabout Guam Visitors Bureau and I don’t know who but how about the Attorney Generalwhether it’s a must that you have liability insurance for your clients? Because to drive avehicle on the road no matter whether 20 years old or 30 it’s a must that you have liability.

Francis Taitano — We do we have commercial insurance for our vehicle. When you stepout it’s a different thing when you step off the vehicle. If you’re saying then to us sir thensay it to all the operators that do not have it that they step out onto Government land. Your

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Doc. No. 33GL-16-1388

concern about our tourists then that’s fine but that is a burden upon us. Please make a lawthat says we must. It does not exist.

Commissioner Pascual Sablan — I need to bring this up but you know you see all thesedrownings down at Ypao and Tumon, I don’t know by law I know for a fact that it is a mustthat if you’re in business and your clientele go to the water it’s a must that you have alifeguard. Where are all the lifeguards of all these hotels you know? So I think that is thesame analogy that I’m trying to apply to you people that you have your client, you’re makingmoney out of Government land let’s say Chamorro Land Trust and not even liabilityinsurance you have.

Frank Borja — I do. The company I’m affiliated with we have insurance (interrupted).

Commissioner Pascual Sablan — Why that you have and he doesn’t have?

Frank Borja — That was my advisement to my partner. But like I said my concern is andthis is what we really wanted to address okay and maybe it’s straight on topic is what Ireally want to know is where the municipal representative okay and my understanding as acitizen of the US Government and GovGuam okay is the municipal representative which isthe Mayor doesn’t represent the land. The Government represents the land and they havea separate entity that governs that which is you guys the Chamorro Land Trust. What Iwant to know is where the Yigo Mayor’s power comes from to tell us that we must stop.That’s what I want to know.

Commissioner Pascual Sablan — But you’re not concerned about the cost if anythinghappens to your client.

Frank Borja — The thing is like I said what we really want to know is where the YigoMayor’s power is coming from. If he was authorized through Land Trust and if not are youguys aware of his actions? It needs to be put to a stop if you guys aren’t. Now that youguys are aware of his actions okay may I show this to you? You can take a look at this, ithas the Mayor’s Office header, his name printed down on the bottom along with hissignature attached to it. This is just one copy along with other documents okay. Nowwhere does the Mayor’s Office get off telling us we can or cannot because there are otherentities operating without licenses going there getting paid and I have seen these entities.Now our said competitor doesn’t have licensed tour guides but yet he’s still going there. Sowhy does the Mayor’s Office get the right to say who and who can’t? That’s what I want toaddress. Is it his power or is it your power that’s telling us to stop?

Acting Chairman Joseph Cruz — That is your question right now.

Frank Borja — Yes that’s why we’re here.

Commissioner Pascual Sablan — We should look into that.

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Administrative Director Michael Borja — We did when it was brought to our attentionsmade numerous attempts to contact that agent who’s phone number is on there I was neversuccessful. Were you guys successful? We were never successful in contacting them andwe will continue now after this meeting to try because I wanted them to come in. But theday after I found this out the Mayor of Yigo did come to speak to me about it because it gotto him that we were calling in these people. He came and apologized that he had allowedthat letter to go out and he was supposed to retract it. So I’ll chat with him and he said thathe was going to come in here in this meeting as well but he did not show I guess but we didhave a discussion about this.

Acting Chairman Joseph Cruz — So what is our remedy or what is our solution to thisbased on your conversation?

Administrative Director Michael Borja — Well that tour company has no right, the YigoMayor did not have any right to permit a letter like that to go out authorizing an exclusivity toone company.

Acting Chairman Joseph Cruz — Now is this park listed with Parks and Recreation? Thatwill be the entity that will give out a public notice because it’s a park area.

Administrative Director Michael Borja — But we didn’t issue anything like this out. Wedidn’t give any authorization so we’ll follow through. We’ll still try to get a hold of thesepeople. We’ve tried on numerous times to get a hold of that company and never weresuccessful.

Frank Borja — Thank you very much.

Administrative Director Michael Borja — Have you guys gotten a hold of them?

Frank Borja — As far as US Explorers go the only people we run into, I’ve tried calling theiroffices on several accounts but there’s been no answer. I’ve tried talking with theiremployees but as far as their employees are concerned all our bosses say it’s this okay.It’s not even just the Yigo Mayor’s Office who’s also putting these signs on our vehicles itwas the said company’s employees who were told to do it okay. All we were told was tojust put it there and not ask questions. Which answered my first question when I first cameacross this sign, how did they know which vehicles to target because sometimes we’reusing private vehicles under the tour because if our capacity exceeds our business vehicleour commercial vehicle then of course we would use a private vehicle to accommodate theextra customers on the overload okay.

Administrative Director Michael Borja — Are you guys two separate businesses?

Frank Borja — Yes we’re two separate businesses, individual, freelance tour guides but weare affiliated because we go to the same area and sometimes we help each other’s toursout. Like I said if we’re on an overload we have a set number where we say okay this is thesafe amount of customers one individual can take in and then after this number of

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customers need two, three, four guides so sometimes we work hand in hand okay, which iswhy we came here together. We were targeted through the Yigo Mayor’s Office andthrough this person’s actions whether it be a commercial vehicle or private vehicle we werespecifically targeted. There were days where there were more than several vehicles sittingout there on both sides of the road but only our vehicles were the ones where these signswere put. That’s why I want to know who is the governing official of that area. Is it theCommission, is it the municipal, is it Parks and Rec, is it Caha? So we’re going toeverybody we can to try and you know to get this resolved. Our understanding is that thisfalls under three different departments, Land Trust, Ancestral and Department of Parks andRecs. That’s why we’re trying to get this resolved ASAP.

Francis Taitano — And GVB because they hold our licenses.

Frank Borja — No with the area and the actions of the Yigo Mayor these are the threeplaces we need to go. Now with the set corporation the other entity there the private entitythen that’s why we’re going to GVB. But this issue concerning the Pagat site the Pagatancestral site falls into three different places that’s why we’re here because the Yigo Mayoris stepping in and getting involved and that’s what needs to be cleared.

Francis Taitano — And it’s just not proper I think for a Government entity to tell a privateentity to go and see another private entity if you want some questions answered.

Administrative Director Michael Borja — You’re right.

Francis Taitano — For me to call another private entity about Government property.

Frank Borja — Especially a competitor. That’s all we ask is for the best of your help.

Commissioner Pascual Sablan — Now that you brought that up you raise a red flag. Myconcern is have you two ever experienced you know where one of your client gets injured?

Frank Borja — No.

Commissioner Pascual Sablan — But what will happen if one of your client gets injuredyou’re going to take them hospital right? Who is going to pay for it?

Frank Borja — Our insurance covers.

Commissioner Pascual Sablan — You keep on saying insurance, thank you, but Mr.Taitano don’t have insurance.

Francis Taitano — We do we have taken them to a clinic and stuff when there’s a minorinjury. Sir, the entity (interrupted).

Commissioner Pascual Sablan — As I said you raise a red flag and now my concernbecause you mention about the military or private citizen when they go there on their own

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there’s a different story between an individual going there on their own and you becauseyou’re a business.

Francis Taitano — I see the difference but when you brought up liability of people becausethe Mayor has had his people help clear the path. It’s saying I’m afraid for the liability buthis people are helping Danny Jackson the caretaker, unofficial caretaker to clear the pathfor people to come in so it’s not consistent. But we have taken care, since you brought it upsir let me just share this the company in question does things that we do not do. Forexample we go down and we bring life jackets when we go into the caves. We do that allthe time. I have not seen them do that. When we go out to the ocean on the coastline wedo not get into the salt water there is no beach. On occasion the tour guide jumps into withthe tourists and military. We do not it’s forbidden. When you’re talking about liability we donot put ourselves out there. We take every precaution and unfortunately the other companyin question stretches the limit as far as safety. That’s a fact sir. That’s a fact.

Commissioner Pascual Sablan — But you’re going to get insurance right?

Francis Taitano — We’re pursuing it. This is what they told me one company because I’vegone to Calvos and others they said if you wish we need to get like a broker to find some ofthem are insured beyond Guam a brokering company. The other company is saying thenyou must insure all of your stuff your cars and your houses before we because this is aseparate thing you must package it. They’re putting these conditions so it’s very difficult forgetting liability. I’m saying a ton of tour people don’t have liability they can’t and they wouldclose down if they had to get the liability because that’s what they have. Alupang BeachClub you know million dollar insurance for their jet skiing and stuff I’m sure of it but that’swhat they have too and you’re going to require this or what is implied here is that theseother tours not just us but all the others are going to be required to do this. If so then comeup with a statute that requires this so we won’t get our licenses or we’ll get that before weget our license, they give us the blessing to operate. But then now he’s saying you can’tunless you have this.

Acting Chairman Joseph Cruz — Thank you Francis.

Francis Taitano — Thank you.

Frank Borja — Thank you, you guys have a good day.

2. Barbara Benavente — Good afternoon, my name is Barbara San Nicolas Benavente, Ireside in Dededo. I recently retired from the Government of Guam, Guam BehavioralHealth and Weilness Center and I’ve devoted 37 years of my life being in a position tosupport families where behavioral health, mental health is concerned and in substanceabuse and suicide prevention work. So I’ve not ever been to anything such as this with theexception of one village meeting in Dededo where the late Angel Santos facilitated somediscussions with the villagers around land issues. So I’m really new to this process. I’mhere because I heard through Facebook just late last night and early this morning thatthere’s a meeting held by the Commission or Land Management over in Dededo. I would

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have been there had I known. I guess I bring to the Commission a request as a privatecitizen now, as a resident of Guam as a Chamorro person that when important meetingslike this are held in the villages that there be a more strategic way to get as many people tothose meetings. I’m fortunate to be able to be on emails and Facebook communicationsand other social media but for some reason I missed it and so I’m sad that I wasn’t there.Nevertheless I heard about this meeting this morning so I’d like to just comment on a fewthings that I’ve heard over the last 24 hours. I went on the internet into your web page theChamorro Land Trust Commission and I refreshed my memory about what the ChamorroLand Trust Act is about. And I do this because sometimes when things get very conflictingor confusing or challenging or you know it’s always important for me to go back to what anorganization’s mission is or what the value is of a person or a family or a community. Ireread the mission of the Chamorro Land Trust Act that says to advance the wellbeing ofthe Chamorro people by way of equitable land distribution. Your body is charged with thefollowing things and it’s to act exclusively in the best interest of beneficiaries of CLTC Act.I’m not reading this for your benefit I’m reading it really for mine because this may jump offmaybe some other things I would like to address the Commission with and perhaps forothers in the audience who have not read the Act in a long time as I have. The Commissionis to hold and protect Trust property for its beneficiaries, to maintain and uphold theirfiduciary responsibilities to the beneficiaries of the Trust, to exercise due care and diligencein the management of Chamorro homelands. I heard through Facebook postings and I wishI was able to download more information you know the laws, the Act, to better understandwhat the Commission’s responsibilities are in detailed what your protocols and policies arefor operations but I did read briefly that there’s a proposal for additional property under theChamorro Land Trust inventory to be leased out commercially. Whenever I see, or read, orhear, or observe some threats to what could be or could not be in the best interest of theChamorros then my red flags go up, my interests are peaked. When I hear that 400 acresof Chamorro Land Trust property is going to be leased for quarrying and (interrupted).

Administrative Director Michael Borja — You heard it wrong ma’am I have to stop youthere. It is not part of the list okay and you know I repeated that multiple times in the publichearing on Tuesday evening that this is not part of the list. If it is the basis of yourargument, it is not part of the list.

Barbara Benavente — I’m not arguing.

Administrative Director Michael Borja — For everyone out in the audience it is not part ofthe list.

Cara Flores — Was it ever part of the list though? It was a part of the list.

Administrative Director Michael Borja — For the record it is not part of the list.

Barbara Benavente — Okay and this is why it is so important to figure out a way togetherthe best way to get facts out into the community, documents, in whatever way works for asimple person like me who lives in Dededo. I was very excited and proud many years agowhen the Chamorro Land Trust Act was passed. I thought that was one way for the

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Chamorro people and the local Government with its people to ensure that there was landfor the landless and that Chamorros who chose to continue to live on Guam was in factprivileged or blessed with some land to build their homes and raise their families. So I justwant to say that I would like to be reminded of what the Act the mission is of the Act and theresponsibilities are of the Commission not because you don’t know what it is but because Iwasn’t certain until I reread it this morning and I want to be present for meetings and tobetter understand. One of the things that was very heartbreaking during the public hearingsfor the proposed military buildup, I attended all three meetings that were held, was that theclimate set up as Chamorro people as Guamanians as residents of this island to fight. Tofight publically to try to outsmart or out show their knowledge of power with the history offederal lands and occupation of the Chamorro lands by the Federal Government andDepartment of Defense. And I just wanted to say that I ask the Commission to ensure thatas many residents as many Chamorro people are informed of all the meetings andproposed public laws that had come to play because it is our mission together you know.I’m a resident of Guam, I’ve lived here all my life, I’m a Grandmother for god sake of fivechildren and if not for my husband’s inheritance of land then I would be landless and I wouldlike to see that there’s opportunities for people like me and other families to truly own apiece of Guam because this is our home and this is our right. Thank you for this opportunityto speak. That’s it I’m not arguing I’m lust stating a fact.

Acting Chairman Joseph Cruz - Thank you Barbara.

(Commission took a five minute break; 1 :SOpm-1 :SSpm)

3. Monaeka Flores and Fadai CastroMonaeka Flores — Good afternoon Commissioners, Mr. Borja and staff from theDepartment of Land Management. My name is Monaeka, I’m here as a concerned citizen.I attended the public hearing for the law and was opposed to the law that was introduced bySenator Tom Ada to allow for the commercial leases of Chamorro Land Trust properties.I’m here today also in opposition of the approval of the use of 600 acres for commercialleases. I believe that using Chamorro Land Trust properties for commercial leasescompletely undermines the spirit of what the Land Trust was created for and would beextremely detrimental. Additionally this practice does not prioritize leases to Chamorroowned entities which also undermines the whole reason why the Trust was created which isto serve our most marginalized communities and to protect lands for indigenousChamorros. I know that the 400 acres is no longer on the list but it was on the list and that’swhy there are a lot of concerned citizens in this room today. While that might not be thecase that the 400 acres have been removed it is in the law that if these leases are approvedit is possible that there will be open removal of all natural resources from these properties.So how can lands held in public trust to be protected to indigenous people be exploited bycompanies for profit? It just doesn’t make sense. I question the legality of this law in thefirst place. If you approve these leases I wonder if they’re even legal because they goagainst everything that the Twst was created for. That’s actually all I have to say at themoment.

Fadai Castro — Good afternoon, Hafa Adai, my name is Fadai Castro and I’m presentingtestimony on behalf of 23 of my students who are not able to be physically present here

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today and I’ll also present a short snippet of my own testimony. The crown lands should bedivided between the families who have no lands. Chamorros should be priority whenthinking about these lands. It is in fact Chamorro land. Lands that are known as crownlands should be used for extra homes that are needed for the homeless people. It can alsobe used for other means that our Government needs other than commercial use. Let thepublic know and decide as a people. It’s our land so it shouldn’t be just up to a small groupto decide what happens, they probably don’t even care. Build housing for the homelesspeople on island we have enough shopping centers. People need homes to stay in. Ibelieve that we are the land of the Chamorros and we all should respect the land. OurChamorro people deserve to live a life filled with pride and dignity. We should continue tohelp our brothers and sisters. Regarding the crown lands I believe that we should notignore where these lands came from or who they belong to. To use it for other needs wouldbe somewhat stealing for the owners of the lands that are being taken away from whatbelongs to them. I believe that the land belongs to the people of Guam and that is where itshould stay. Although it cannot be traced I do believe that it should continue to stay withinthe Chamorros and that if ever necessary given to the Chamorros. Because ancestrycannot be traced for the crown lands it really should be given to the people for use.Homelessness on this island is very rampant so please give this land to the people insteadof using it to benefit businesses. The Chamorros should be the priority. For lands thathave not been traced you should give the people a chance to find their homes and wheretheir ancestry began. It is important that people know where they come from and have achance to find their homes. Lands that are held for public trust should be for the people ofGuam. The lands should be used for the benefit of the Chamorros who have no land.Houses, farming places and recreation places are needed for the islanders. Land is sacredand we all need to think carefully of what is to be done with the lands. I feel like the crownlands should be used for recreational parks where families can just go and chill. I think thatthe lands that are held as public Land Trust should be a topic brought up to the people ofthe land so that the public has a say in what should rightfully be theirs. They should be adeciding factor. I think that the crown lands from the Chamorro Land Trust should bereturned back to the Chamorro people. It shouldn’t be used for commercial use because itwasn’t theirs to begin with. The land on Guam is sacred. Our people should have the rightto choose what is rightfully theirs. The lands that the Chamorro Land Trust Commission isin charge of could not be traced to any ancestry. This does not necessarily mean that theyshould be given away though. These lands were taken away from natives and in the handsof natives they should stay. The Government can use those crown lands to build sheltersfor homeless people or for kids who are abandoned by their parents. Crown lands can alsobe sold to native people in lower price or these lands can also be used as farming. I wouldlike to see the lands that belong to natives to be returned back to them. Not only do theywish to receive it maybe in the near future the natives can come together and create a parkwhere they display the culture of Guam and let it live and thrive all throughout the island. Ibelieve the crown lands should not be used for political or commercial stuff. Although thereis no ancestry that cannot be traced it still belongs to the people of Guam the islanders. Itshould be used for what’s indigenous to our people, a jungle to ranch in or to hike around.What our culture is about is what lands will be used for. The public trust should beprotecting the land keeping it from falling into the hands of people who only have profit intheir eyes. These lands shouldn’t be seen as a profit when it embodies one’s ancestry and

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culture. Does anyone really want Guam to be known for a place for tourism but not itsactual soul and culture? How can you plan to use these lands that may be nothing butmoney in your eyes but something sacred and dear to others and not inform them? This iswrong and deceiving. The public should know about this especially if it is a public trust.The people of our island are not left with much in terms of our ancestral land. It is wrong tostrip away the people from land that was once theirs. While making this decision think ofour Inifresi and our pledge to protect and defend the lands of Guahan. If land is the body ofour people I’m confused to why it is one of the first things we give. What justice is there ingiving my ancestors lands to new foreigners for a high price? I believe the Government isnot doing enough to protect native lands because even the locals are losing their homes.Guam is a land for the Chamorros not a market to provide real estate. This is the voice ofour future and when I testify now and I speak now I speak on behalf of myself. I speak onbehalf of my mother who raised me and her sisters who also raised me and I speak onbehalf of their mother my grandmother who also raised us. Land is how we identifyourselves. When all our children leave the island they will need a foundation to stand uponand a land to root themselves from. If you need to if you must imagine a world where whenchildren identify where they came from they can only say this is where we once belonged.That doesn’t have to be our future, that doesn’t have to be our present. And as was saidbefore the land belongs to us just as surely as we belong to the land. Water is life and landis life. So please think of our future who will inherit these lands and think of all of ourparents whom these lands were taken from. Thank you.

Monaeka Flores — If I could add to that both of us are descendants of families who havelost several hundreds of hectares of land from military land taking and we are a displacedChamorros. We would love to qualify and apply for Chamorro Land Trust land and weunderstand that we could not afford the water infrastructure if we were to get a piece ofproperty. We understand the struggle that a lot of trustees are dealing with. Weunderstand that this law was introduced in an effort to try to alleviate some of thosestruggles to provide funding for surveys and water infrastructure but the reality is you’re notgoing to help farmers and agriculturists and native people by giving away property. You area political entity and we humbly and sincere’y implore you to please act ethically. Do notapprove these leases. We’re really asking you to please not approve these leases. Thereare other ways we can find this funding. You know one of the ideas we have is to takefunds from the construction fees. Take funds from construction certificates for all the newbusinesses and buildings that are being built here on Guam and use some of that funding tosupport the water infrastructure or the land surveys for the trustees. You know how abouttaking back some of the pay raises? How about using visitors taxes or maybe starting anonprofit arm of the Trust to fundraise or to identify grants to apply for. And what my friendand colleague is trying to do is get those ideas. To get as many ideas as possible topresent to you for a positive alternative which not only will ultimately benefit our naturalenvironment and our local community but not tear apart the fiber of the Chamorro LandTrust. So please Commissioners you know please hear us today and if other leaseapplications come please look at them really closely because if today that is taken off thelist for the 400 acres to be taking all the kaskahu and the coral out of you’re going to seeothers and it is in the law open removal of natural resources. We can’t stand by and let thishappen. Thank you.

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4. John Salas Calvo — Hafa Adai Commissioners, Good Afternoon, my name is JohnSalas Calvo. I’m the son of the former Commissioner of Tamuning, Gregorio Acosta Calvo.I’m here before you to express some concerns upon reading the article pertaining to thecommercial properties, the properties that are going to be put out for commercial use. Ihave a concern that within the village of Tamuning, I’ve lived in all of my life with theexception of the time I was in college in the States. I drive around today and I see so manyvacant buildings already on commercial properties vacant in Tamuning. Are we going to becompeting with our private sector in terms of those commercial leases? That’s one of myconcerns because we’re not going to improve our economic stability within the village ifwe’re going to be competing with our own business community in that respect. TheGovernment needs to be finding solutions that should be benefiting the economic viability ofthe municipality not competing with it. My father retired in 1986 I remember him talkingabout earmarking certain properties within the village for future community use. Within thedecades that came after that many of these properties were given to Public Works, given toPUAG and such for other projects. The Tumon baseball field you know is no more. Someof these properties that you’re looking at for commercial use maybe some of them can beutilized for community purposes and with those community purposes funding can be foundin terms of grants to develop these properties for community purposes. I remember one ofthe things my father always said is if you’re going to come to an event try to come up with asolution as well. You said you need funding. All through Tumon bay Government of Guamhas an easement from the high water mark 30 feet in. Every one of those hotels utilizesthat easement. They restrict local people from using that easement because they said it’stheir property. Maybe the Government of Guam should look into leasing that easement ifthey’re going to use that easement and I think you can get a lot of money from that. It’ssomething you can look into. Okay so that’s something I think that should be looked intobecause you go down to Tumon and all the public bull cart trails and stuff, the bull cart trailover behind Hilton the sign is behind the bush. All the trails for public access have beenlimited. There’s no place to park down there with the exception of Matapang and Ypaobeach and even those are restricted. Matapang is used by the hotel next door and Ypaobeach is locked up. So you know we have to start looking at the community needs anddesires. You know that was one of the things my father really planted in my mind is that thecommunity is not healthy if the people are not healthy. So I leave you with just thoseconcerns and thoughts. I know you guys have a very difficult job but please listen to whatpeople are saying because they want you to be successful. But we need to look for othersolutions that are going to be more beneficial. Thank you.

Acting Chairman Joseph Cruz — Thank you John.

Commissioner Pascual Sablan — You mention that there’s easement between the hotelsand the hotels close the easement right?

John Calvo — To the high water mark by public law there’s supposed to be a 30 footeasement.

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Commissioner Pascual Sablan — So if we have to have the hotel for example lease thateasement what good would it do us again on a regular?

John Calvo — Sir I said to explore these opportunities. If the law prohibits or whatever thisis something to discuss.

Commissioner Pascual Sablan — I believe that easement should be open.

John Calvo — Yes but currently they’re restricting it. Many people that go to Tumon reportthat they can’t go through the normal places because they’re told you can’t bring yourcoolers down if you’re going to go to the beach. The beach is supposed to be a publicbeach but people going through certain areas of the waters because there’s buoys out thereand they’re told that belongs to this hotel and they’re told by security. So you know I’vebeen looking at the easement portion along the beach where you have all the chairs andumbrellas and such then that needs to be looked at. If that is public easement and they’reutilizing it I think like any other if you’re looking for a commercial lease that’s an opportunityto look into.

Acting Chairman Joseph Crux — The intent of the high water mark is strictly for the wave.It’s not for the usage of public use.

John Calvo — Like I said but they’re utilizing it.

Acting Chairman Joseph Crux — So the easement encumbered by that individual hotel isprivate property. They are encumbered by a high water mark easement that accommodatethat high tide and the low tide. It’s not for the purpose of recreation. So it’s strictly privateproperty.

John Calvo — Well as I said I think it’s something to look into because of the (interrupted).

Acting Chairman Joseph Crux — Yes we will we’ll try.

John Calvo — So to my knowledge that is public easement. You didn’t say privateeasement but public easement there is a difference. Can I just say look into it if there is anopportunity where you’re able to lease those to get some funding to assist with the CLTCmission I mean I think that will be fantastic.

Acting Chairman Joseph Cruz — We’ll work with Parks and Recreation because I’m prettysure they’re the ones that manage those.

John Calvo — And you know the properties as I said within Tamuning municipality if there’sany opportunity to utilize that for community use because Tamuning is not going to growany faster it’s just going to grow hugely in terms of population but its reduced in terms ofopen spaces and community spaces. According to the Mayor’s Office the 2010 eventhough the census had those 19,000 people according to the census. According to theMayor’s Office which does the power, water hookup certification and school district there

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was over 38,000 people living in Tamuning. And we’re talking a major, major issue ofcongestion and not enough places for the young people to go to to have recreationespecially when you have a major park which is Ypao beach having such restrictions. SoI’m just saying to consider utilizing some of these spaces these properties within Tamuningfor community purposes. If it’s put for community purposes we could pursue federal grantsand such to develop those to serve those purposes which I think is with the mandate ofCLTC. Thank you sir.

5. George Perez — Good Afternoon, I am a retired Civil Service came back from themainland to resume my life as I was when I was first born on Guam. I came back in ‘96looking for a place to stay. My family does not have ancestral land in here. Everything thatmy dad has is nothing more than a piece of 5 acre land that was acquired by the FederalGovernment but that’s beside the point. My situation here is I was looking for a place tostay when I came back in ‘96. I signed in for agriculture land and when I finally found aplace it was a previously and I didn’t know at the time that he was under a lease that is stillin existence. I stayed on that property with her consent at the time and it was a 10 acreparcel. After staying in there for a good portion of 5 years I tried to get it down because Icannot handle at that time able to maintain the 10 acre land. I asked to have it divided inhalf so I’ll be able to maintain only half of it. Come to find out that the land even after I had itsurveyed, paid for the survey and later on years gone by I found out that my deed is notvalid because the land was still under Agriculture. And I got the permission to survey thatland from either at the time I don’t exactly if it’s from Chamorro Land Trust or from theAgriculture. But anyway it was surveyed and now I can’t even go in the place because myex would not leave.

Commissioner Pascual Sablan — We’re listening Mr. Perez.

George Perez — Me I’m renting a place.

Acting Chairman Joseph Cruz — Are you still residing in the area that you were (didn’tfinish).

George Perez — I’ve been trying to. The lease is still valid but when I first got in thatproperty the place was in a state of abandon ship. Even the time that I came in and thegrowth of the area the greens around it the piggery that used to be there has shown at leastnothing less than 3 to 5 years of unattended for. The house was completely down from thetyphoon and it was never addressed. There’s no sign of agriculture product instead it was adump site for construction materials. Along with it was abandoned vehicles, trucks alongwith I found a stack of vending machines that was dumped on the place.

John Gumataotao (CLTC) — Good afternoon my name is John Gumataotao I’m a landagent for Chamorro Land Trust. Regarding Mr. Perez’s issue the property that’s in questionis accessible to Chalan Palauan which is in Dededo. The land is under the purview of theChamorro Land Trust but leases are authorized and issued by Department of Agriculture.So we had these arrendo lands back in the early 70s that was administered by Departmentof Agriculture and since the lands were all transferred to Chamorro Land Trust we have

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purview of it but there are still existing leases that go on maybe till the next 15, 20 years.So back in September Mr. Perez came into our office so we did some research on hisissues. Chamorro Land Trust authorized a survey of 4 acres of a total of 3 hectares whichis about 8 acres of property. Chamorro Land Trust authorized a survey for Mr. Perez.What he did was he went and got a private surveyor to survey 4 acres.

Administrative Director Michael Borja — What year was the survey authorization?

John Gumataotao (CLTC) — I believe it was in 2003, it was a request for a surveyauthorization.

Administrative Director Michael Borja — Mr. Perez is under an agricultural listing?

John Gumataotao (CLTC) — Yes. The original lease is with Department of Agriculture to aRosita Gervaclo who authorized Mr. Perez and at the time his wife to guess take over thelease you know take care of the property. So in 2003 he had the property surveyed.

Administrative Director Michael Borja — But is Mr. Perez specifically under Department ofAgriculture’s own listing for the leases?

John Gumataotao (CLTC) — No.

Administrative Director Michael Borja — So he didn’t have but he was just assumingsomeone else’s or using someone else’s Department of Agriculture lease?

John Gumataotao (CLTC) — Yes. So subsequently Chamorro Land Trust issued a groundlease to Mr. Perez for that same property that you know is considered under our purviewbut because of that long term lease (interrupted).

Administrative Director Michael Borja — Back in 2005? When was his lease issued?

John Gumataotao (CLTC) — In 2003.

Commissioner Pascual Sablan — How big?

Administrative Director Michael Borja — What’s the size?

John Gumataotao (CLTC) —4 acres.

Commissioner Pascual Sablan — And how much we give out?

Administrative Director Michael Borja — Back then up to 20 for agriculture. So CLTCissued him a lease in 2003 for a piece of property that was already still under a Departmentof Agriculture lease.

John Gumataotao (CLTC) — Administered yes, administered by Department of Agriculture.

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Administrative Director Michael Borja — So there’s a duplication on the land.

John Gumataotao (CLTC) — Yes.

Acting Chairman Joseph Cruz — So does Rosita also have 4 acres?

John Gumataotao (CLTC) — She has 8 acres.

Acting Chairman Joseph Cruz — 8 acres from the Agriculture.

John Gumataotao (CLTC) — Yes so in essence because the land is ultimately it isChamorro Land Trust lands but because of that existing Department of Agriculture lease wecan’t really do anything, we can’t sublet I guess that portion of the property.

Administrative Director Michael Borja — No it still belongs to that Department ofAgriculture lessee.

John Gumataotao (CLTC) — Right so what we tried to do is try to find available lands forMr. Perez. Because he did survey a property we tried to find available lands for him torelocate to. He wouldn’t have to do a survey again but I think there are more issues.

Administrative Director Michael Borja — Okay well let’s take this one off line we can workon this and let’s also get a Mayor’s certification that he has been there okay. Mr. Perezwe’ll work with you outside of this and be able to sort this out.

George Perez — I got one question, being the land was in a state of abandon ship shouldthere be any lien or at least some kind of condition where if the lease that has been grantedbut it failed to be properly attend according to (interrupted).

Administrative Director Michael Borja — Well if it was a Chamorro Land Trust lease thatthis person had yes there are conditions in which if they do things like soiled the propertywith refuse and waste and anything else that’s reason for them to be held in default and forthem to be evicted off the land. Now in this case the occupant of that land is under aDepartment of Agriculture administration lease not the Chamorro Land Trust so we can’tenforce that. We just have to honor that person’s presence because of that lease that theyhave until it expires and then it will convert over to a Chamorro Land Trust lease. But untilthat time we don’t enforce that. We’re going through the process here of doing someenforcement and compliance on people who have had issues and just recently weterminated a lease for someone that severely violated the land. So in your specific case it’san exception to the rule. We had to absorb those kinds of leases, land use permits,arrendos all those things and when they eventually those leases expired we had to absorbthem.

George Perez — I only ask because of my timeframe (interrupted).

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Administrative Director Michael Borja — We’ll work with you.

George Perez — Because for me to relocate at this stage it just as well go swim in theocean somewhere.

Administrative Director Michael Borja — Okay we’ll work with you and John Gumataotaowill be touch to help you out. We’ll get together okay sir.

George Perez — I appreciate it thank you gentlemen, ladies.

Acting Chairman Joseph Cruz — Mike maybe we can also inquire with Department ofAgriculture as to the status of that lease being it is abandoned and is there a lease. Maybeyou can get that recommendation from them.

Administrative Director Michael Borja — Sure we’ll check onto that.

George Perez — I appreciate it.

Administrative Director Michael Borja — Because you already put some money out too.

George Perez — Yes and I also paid the taxes on it the last one come to an amount of over$900 for taxes that I’ve been trying to get the property back on.

Administrative Director Michael Borja — Okay.

Commissioner Pascual Sablan — Mr. Perez what are you doing with the land now?

George Perez — I’ve been trying to come in there and live on it and continue the piggerythat I had when I left when I went to get my surgery and came back to recover and she’sstill on the land and she won’t let me come in, she won’t leave.

Commissioner Pascual Sablan — Thank you Mr. Perez.

(Chamorro translation by CLTC staff Karen Charfauros)

6. Zita Pangelinan — My name is Zita Pangelinan thank you for the opportunity to speaktoday. I am the daughter of the late Francisco Sablan Pangelinan from the Kotla familyand Engracia Pangelinan from the Galaide family. I am here to state that I do not approveof this action. Before I came here today I asked others why were they not coming heretoday to express their concerns on this matter. There are two mind sets that came from thepeople. One, it is not worth it because a decision has already been made about this matter.Based on culture, they are not giving this matter any thought or time as a means ofprotesting this action. They do not want to waste their time by coming here and listening tothis. That is the first mind set, secondly, it is not worth it because they have faith in you allto listen to our concerns, listen to the people of this land. To listen is what we are asking ofyou. Yes they have considered that your responsibility as Board members is a heavyburden. But what then is this public hearing for but to hear the concerns of the people, thepeople of this land. But what if you were to have a public hearing to hear solutions and

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ideas from the people so that land can be made available for the people? Because theideas you have are not the only ones that can work as solutions. What are we afraid of? Ifwe open this door we may lose ourselves as a people. The intention to create funding is agood one but how much time do you need to sit here in this situation? Once you leave whowill protect the intentions that you have? Look at the stories of other islanders, look atHawaii. Look at all their land and the Hawahans are homeless. The door was opened justa little and look at the results. Those are stories that we can learn from. And yes your jobis a burdensome one but look at those leases that were approved, are they benefitting thepeople of the land? Reach out to the people because we are a smart people. Have adiscussion to come to a compromise with ideas and solutions that will meet all the needs ofthe people of this land and generate revenue that you say we need to issue out these lands.God bless you all as you carry this burden. Thank you for hearing me today.

Acting Chairman Joseph Cruz — Thank you Zita.

7. Cara Flores — Good Afternoon, my name is Cara Flores. I apologize if my actions wereconsidered disrespectful earlier however I must point out that this place and public hearingshould not be a place of hostility. It should be a place where we can come and feelcomfortable to share our concerns and feel that we are being listened to and I don’t feelthat’s the way many of us felt on Tuesday so you can understand that there are feelings inthis room. These are issues that we care about. None of us and you’ve seen people wouldcome in the middle of their work day, none of us are paid to do this. Many of us haveinvested much of our lives to contribute to this community and we aren’t paid to do it, we doit because we love Guam. So we have nothing to gain from this. We’re not after money,we’re not after a construction contract, we’re not trying to dig into the earth. This comesfrom a place of sincerity. A statement that I’d like to read I currently believe that ourcommunity is full of creativity and promise although this process and this option of turningthis land over to commercial use is not an example of it, We are here to insist that ourleaders expand their imaginations and effort. It is not an option to lease or sell Land Trustlands there are other ways to get money and I think we all know that. There are millions ofdollars in grant funding available for agricultural, environmental and native people’s projectsyou just have to go after them. If you need more ideas the purpose of us bringing the bagand passing around the slips of paper was to show there are many good ideas. And againwe were not paid to come up with these ideas of how to solve this problem but we want tocontribute to the conversation and I think what all of us want to make clear is this cannotand should not happen and if it goes forward we will continue to oppose it in whatevermeans necessary. So I will leave that bag with you. Some of the input that people havehad in ways that we believe that the Trust can be funded are in that bag and I know that wecould have typed it out on a sheet of paper but this whole process is not very fun so wethought that a bag might be a little more fun. Thank you.

Administrative Director Michael Borja — Thank you very much for that bag of ideas that’svery creative and I look forward to looking at it okay.

Cara Flores — Thank you.

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8. Nicole Quintanilla & Keisha BautistaNicole Quintanilla — I’m a student at UOG and I’m a spoken word artist. I guess we camehere today to share our testimony on how we feel about not only the 600 acres but also atleast for me what’s been happening on our island for the past 100 or so years. Bear inmind it’s a poem so it’s a little metaphorical. In the city they dance with bloody silhouettesshimmy around chalk like shadows fathom hands cold and lifeless reach through cracksand sidewalks cause you to stumble to trip and lay where they once did. We often forgetwhat lives have lied beneath us, what color death really looks like. We stumble over thesouls the soles of our shoes pound beat into their quiet heart, pound feet into the concreteand arteries that click and clack of heals red like bloody silhouettes on sidewalks and a lotof like gun shots like the bass of a passing car falls heavy like fathers falling dead rightbefore their sons right before their sun rises in the morning tomorrow. They will follow ontheir daddy’s footsteps and who will sidestep their silhouettes dance across sidewalks andchalk and body bag. Who will listen to the fading of their heartbeat? No one seems to hearthem. No one thinks anything of it after all there’s nothing strange about dancing in the cityand lately the city has become my island and it’s a pity that we’ve traded our chance for achance to dance around bloody silhouettes blinded by the lights of tourism and when I lookto the ocean I can see our Saina trying to navigate hotel lights like stars in the sky skirtingaround our island like leaves with coconut trees around the curves of our women but thisisland have become unrecognizable. This is not the home that they have left behind for us.It seems like the streets of Guahan have become a series of crime scenes in Tumon hiddenby buildings that scrape the stars out of the skies there are lives lost in the pavement andthere are days when it feels like pavement is the only legacy we will leave behind for ourchildren. In 100 years when all that is left of us will be dirt beneath the stones. Will ourbones be quarried and our minerals extracted? We are a much a part of this island as thevolcano it rests upon but do not think for a second that our people will remain dormant whileour home is torn at the seams. It seems like piece by piece Guahan is being sold to thehighest bidder and I guess the reason why I am so bitter is because we are being robbed600 acres of Chamorro Land Trust territory when maybe the same amount of Chamorropeople are landless with no one to trust. 42% of the homeless population on our island areChamorro. Every night 536 indigenous lives turn bus stops into palaces, rest their heads onconcrete mattresses, they carry entire kingdoms in shopping carts. So it’s a little hard toimagine that we can spare 600 acres of land while our people are left empty handed. In100 years will we still dance around sidewalks and chalk and body bags? Will anyone listento the fading of our heartbeat? Will our bones still be quarried in 100 years? Will we all beliving in bus stop palaces and living on concrete mattresses surrounded by commercialbusinesses?

Keisha Bautista — I also wrote a poem and it’s called walking through Tumhom. I had adream last night I was walking through the jungle and as I passed each tree it collapsedright beside me. The ground was dug up, the naked raw earth exposed. How could thishappen to our tano, to our mañaina’, to our mangafak, to us? The big strong tronkon nunuthe taotaomo’na hid in were no more. I screamed tears numbing my blood red face. As Iwalk through the naked earth my body weakened. I fell to the ground my palms touchingthe unfamiliar earth, my eyes searching for the old tronkon nunu, my ears open to thecalling of our mañaina’. But I didn’t know this earth. I couldn’t see the trees but in the

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distance I could hear, munga ma’á’ñao hagao, munga ma’á’ñao ti bal undingu hao. It’sokay our daughter, it’s okay we will never leave you. I don’t have any access to any of theChamorro Land Trust lands but I am a Chamorro daughter of Guam and I would just like tosupport all my sisters and brothers who need land for residential and agricultural purposesbecause what good is damaging our lands and designating them for commercial purposes.What good would that do for our people now and in the future? Where will our people go ifthere’s no land for them to call their own? And since when did we place more value oncommercial and business endeavors than on sustaining our lands, our people, our healthand our communities? Land for specific peoples which include our Chamorro people is lifeit gives us food, shelter and a place for our children to play. Once we give up our lands forother uses than what they’re supposed to be used for then we will let go of a big part of ourlives a big part of who we are. As Chamorros we have an obligation to protect our lands sowe cannot allow this kind of development or this kind of procedure to happen. We can’t letthis suffocate our culture and our people. Thank you.

Administrative Director Michael Borja — I might just add on Tuesday morning at 9 o’clockat the Guam Legislature there’s a public hearing on the transfer of some lands from theChamorro Land Trust for the purpose of building emergency homeless shelters. I wouldreally love if you could come and do your poem.

Commissioner Pascual Sablan — You said you’re from UOG right? Are you representinghere an organization or on your own?

Keisha Bautista — I’m here as a private citizen.

Commissioner Pascual Sablan — How about you?

Nicole Quintanilla — No I’m here as a private citizen as well.

Commissioner Pascual Sablan — As Mr. Director just mentioned about a proposed bill tobe heard next Tuesday, what do you have say you mentioned earlier that approximately42% of the homeless are Chamorro? How about the difference between let me see 58%would be other if you look at the demographic you know only 42% Chamorro, are you infavor of that bill giving Chamorro Land Trust so we can build a shelter for other people?

Nicole Quintanilla — Yeah I think that Chamorro or not if their homeless they needsomewhere to go they can’t be living on the streets they need homes and so I believe thatthey should.

Commissioner Pascual Sablan — So you have no objection on giving out Chamorro LandTrust for another people.

Nicole Quintanilla — I think in this case I don’t object because whether they’re Chamorro ornot they’re here this is their home and that’s what the whole purpose of the Land Trust is forto provide homes for the people of Guam whether they’re Chamorro or not. I think in thiscase if they need it then we should help them out.

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Commissioner Pascual Sablan — You know I was watching this program I think 20/20 onthe TV last weekend as to why we have so many homeless and there are people out therethat they just want to be homeless okay.

Nicole Quintanilla — That’s true yeah.

Commissioner Pascual Sablan — And you folks mentioned as to how precious the land isso we should be more concerned I think you folks should make more research and as theDirector said come over and testify. And for Ms. Pangelinan thank you very much forrecognizing how difficult and heavy the tasks we’re experiencing here. I thank you for thatand were doing our very best to see what we can do really to bring in money or revenue sowe can really you know have the land surveyed and whatever other thing that comes alongso we can issue out rather than wait for another 20 years. So thank you that you recognize.

Zita Pangelinan — If you invite us back the people who are concerned then maybe we canall look for a way to make this possible.

Commissioner Pascual Sablan — I think I’m the newest here but I’m really contemplatingof quitting you know because it’s too much.

Zita Pangelinan — Give us a chance and I know that a lot of us will come back to help you.

9. Joni Kerr — My name is Joni Kerr and I teach at GCC. I teach science and I teachmarine biology, I used to teach environmental science, I also teach chemistry. But in thepast year or so I’ve also taken a great interest in our natural resources I mean that’s what Iteach natural resources. I teach eco system services and so on. One of my fieldtrips formy students is to take them into the limestone forest. I take them into Anao and also takethem into the limestone forest behind GCC near UOG as well. I did have a couple ofquestions unrelated to that but first I want to express the concern that the Chamorro LandTrust Commission doesn’t have very adequate guidelines and think that the need for thoseguidelines have to be addressed so that people don’t have to keep coming up and showingup to these meetings like this because I mean I’m going to let you know it seems like peoplehave to watchdog you. Even if it might have been a wrong impression or an incorrectimpression of what the use of the 600 acres was going to be I mean my impression is that itwould be leased for commercial purposes for practically anything and that could includeextraction of limestone. Is that true or false? I need to clear that up.

Administrative Director Michael Borja — I don’t know what you’re talking about. For thewhole entire property we’re leasing out I don’t know specifically what are you talking about?

Joni Kerr — So there was a notice sent out on Facebook that approximately 400 or 600 thenumber kind of varies that these acres of land in the Trust would be commercial leased(interrupted).

Administrative Director Michael Borja — Were you at the public hearing on Tuesday?

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Joni Kerr — I was not able to make the public hearing.

Administrative Director Michael Borja — Did you see on the website the list of propertiesthat we identified and the purposes that we were recommending that they be used for?

Joni Kerr — I have not seen that list.

Administrative Director Michael Borja — Well it was described there so take a look it’sdescribed there.

Joni Kerr — Okay.

Administrative Director Michael Borja — Even with the property that we were originallyproposing but had to withdraw it was listed there for exactly what we were intending to useit for. Now you also need to go back and youre saying we’re not transparent if(interrupted).

Joni Kerr — No I never said you’re not transparent.

Administrative Director Michael Borja — Well you did you said we’re doing; I don’t knowwhat guidelines you’re talking about.

Joni Kerr — Right there were no guidelines with the way this Commission operates.

Administrative Director Michael Borja — There is too it’s called Chapter 75 of the GuamCode Annotated, 21 GCA it’s there.

Joni Kerr - And what’s the controversy about why lands is being kind of funneled out.

Administrative Director Michael Borja — Were you here over the summer? Did you notsee all the front page articles that the news organizations all published about the rules andregulations? It was a major debate for quite a while.

Joni Kerr — I wasn’t here for part of the summer so I might have missed this but(interrupted).

Administrative Director Michael Borja — It’s 20 years in the making for making theserules and regs but Chapter 75 describes everything on how we’re supposed to leaseagriculture and residential lands as well as how to do all the things. It also expressly statesthat every third Thursday at 1 o’clock in the afternoon we have a meeting okay. So wedidn’t just make these things up. Now listing of those properties is part of the requirementby the new public law that says you have the rules and regs to be able to commerciallylease property but before you can touch any of those properties you need to be able to getthem approved, announce what they are, have a public hearing, the Commissioners decideby resolution and it’s submitted to the Legislature. They have the last opportunity to say

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yay or nay. If it’s approved then we can begin the process to even offer it out. None ofthese properties are available to anyone right now. Then we can offer it out by an opensolicitation request like an RFP. It will be publically announced then people can then allwho are interested can come in and try and express their interest on how they want to usethis land or actually we express how we want the land to be used and they express howthey’re going to pay for it. But the law specifically also states how much they pay for it.

Joni Kerr — Okay that’s fine but I would like to know if the law or your allowances permit theextraction of kaskahu. Is that permitted in your guidelines?

Administrative Director Michael Borja — Yes.

Joni Kerr — It is permitted.

Administrative Director Michael Borja — Yes.

Joni Kerr — Then I am going to fight tooth and nail to get that removed. Once you removethe kaskahu the limestone I’m talking about deep, deep removal.

Administrative Director Michael Borja — Well that’s not exactly what we were talkingabout. If you read what we proposed it never said, you guys like to use the word quarry andyou’ve used it consistently and continuously, we don’t use the word quarry because wedon’t want it to be a quarry. We expressly state that it’s not and how it’s going to beextracted okay and that would be the intent.

Joni Kerr — Okay well people are concerned and I think (interrupted).

Administrative Director Michael Borja — Good but the concern should be just asresponsible in knowing what the request is for.

Joni Kerr — Okay my other question is Henry Simpson the person who is leased land forthe race track in Route 15 he is quarrying and my understanding (interrupted).

Administrative Director Michael Borja — You know that is a public law. If you have aproblem with certain kinds of things look to see on how it was done. The Legislature let himhave that land okay.

Acting Chairman Joseph Cruz — It didn’t go through the Commission.

Administrative Director Michael Borja — And that’s the things that we have to deal with.A lot of the issues that have been brought up by the media and by the Senators it’s notbecause the Chamorro Land Trust created them they were just handed to us in a packagewhen the Chamorro Land Trust was created and said now it’s your problem. But publiclaws created them.

Joni Kerr — Okay that’s all I wanted to know.

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Administrative Director Michael Borja — Those are the things that we have to deal withafter the fact and then we could only deal with them as good as the public law that createdthem give us guidance on because there’s no other guidance. That’s the reason why wehave to also create these rules and regs because it also said in the law before you can doanything commercially you have to have rules and regs. And for 20 years it just couldn’t getthrough the legislature alright. And in this whole process of creating the rules andregulations it wasn’t an overnight thing at all, not at all.

Joni Kerr — But it took a long time. I’ll go back and I’ll look for the rules and regs and allthat I apologize if (interrupted).

Administrative Director Michael Borja — If you would like 33-95.

Joni Kerr — If I was in the misunderstanding that this committee was operating without valid(interrupted).

Administrative Director Michael Borja — Well you’re an educator take a look just like theother lady who spoke and read the rules and read the law before she came here to speakokay so she could understand. But please understand we’re not trying to do somethingunderhandedly and whatever you read on your Facebook is almost as good as theparticipants that add to that page okay. If you want to spread your own version of a story inyour Facebook page that’s your business but that’s not how it is.

Joni Kerr — You know who this person is? You know who Cara is?

Administrative Director Michael Borja — Do I know who who is?

Joni Kerr — Cara Flores.

Adninistrative Director Michael Borja — Am supposed to, what (interrupted).

Joni Kerr — She was part of the group that kept the military range out of Pagat.

Administrative Director Michael Borja — I’m glad for you then okay.

Joni Kerr - I just wanted to make sure that this Commission is knowing that people arereally concerned about the way that land use is or the use or the perceived use of the landis I mean (interrupted).

Administrative Director Michael Borja — And I need you to also understand what youdidn’t hear on the very first, one of the very first person to speak at the public hearingexpressly came and said I’m a long time holder of a Chamorro Land Trust lease and I can’tdo anything with it and I can’t even afford to put the infrastructure on. And he’s not asingular case, he’s not even the exception to the rule he is the rule and that is the problemwe have through the Chamorro Land Trust. We want to give out the lands. We want to

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give it out in the best and most practical way with infrastructure that’s all there but that’s at acost. I can’t even get the legislature to give me enough funding to do the things we need todo because we have people who haven’t even surveyed the property. Let alone we talkedabout land for the landless earlier that’s a whole totally different separate set of properties.But a recent passed bill that became law instructed me to notify each and every one ofthem almost 400 people who had the opportunity to buy a plot of land to build a house for$2,500 pay for it over a 10 year period that’s almost 20 years ago and they still haven’t.And now I have to send out the default letter saying I’m taking back your land unless youcome up with all the money plus interest. The law even puts an interest amount. So hereare people who had an opportunity to have land because they had no land that’s the wholedefinition land for the people without land and now I’ve been given the instruction by law tohave them be shown in default. But the land will come back to the Chamorro Land Trust iswhat the law says. Now we’re getting a lot of feedback from these people and they’re allcoming in and saying oh my gosh I kind of forgot and so let me pay it in full and I want tohold on to this land. So there’s programs out there and when the people get the land theybecome absent in what their responsibilities are as well.

Joni Kerr — I think you’re kind of getting away from the point (interrupted).

Administrative Director Michael Borja — No we’re not because this is a big, because yougot to look at the overall picture of the Chamorro Land Trust. We have to manage theproperty. We are under even the Public Auditor’s review to financially manage all theproperties as well and to take care of it like that.

Cara Flores — It’s kind of inappropriate to shame and yell at constituents. It’s reallyinappropriate you’ve done it several times and it’s really inappropriate to create a hostileenvironment for people with concerns to sit here at the table (interrupted).

Administrative Director Michael Borja — But don’t come to the table and give meinformation that is not all truly straight there okay.

Cara Flores — Well excuse me is it possible that this land would have mineral extraction?Is that possible? If that’s a possibility that is not incorrect information.

Administrative Director Michael Borja — And you know what it’s published too we did sayit okay.

Cara Flores — Right it’s published but it is difficult for people to find. It is your job to put outcorrect information (interrupted).

Administrative Director Michael Borja — And on Tuesday I did put it out.

Cara Flores — But it is not appropriate for you to shame people who come here withgenuine concerns. That’s the bottom line. She’s sitting here and we’re sitting here all of usreally disturbed by how you’re speaking to her telling her to read it, you’re an educator,

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don’t come here. That is not appropriate you cannot treat people like that it’s calledbullying. You can’t do it (interrupted).

Administrative Director Michael Borja — I know and don’t come bullying me either withinformation that are half true and (interrupted).

Cara Flores — Excuse me I don’t get paid to do this I am here to protect land so pleasedon’t talk to people like that.

Joni Kerr — We didn’t come to bully we came for the truth. I asked you a simple question.Is anywhere in your guidelines is there something that allows extractions of kaskahu andyou gave me the answer but then you proceeded to go through all the stuff that you’resupposed to be you know that you are charged with doing. I had a simple concern and Iwanted some answers and that’s all.

Administrative Director Michael Borja — Third Thursday of every month at 1 o’clock.

Joni Kerr — But I do agree with some of the comments here that the meetings are notadequately put out there.

Administrative Director Michael Borja — Then you need to also then tell the Legislatureon how we need to do that because we follow the law. We follow the law. I’m sorry ma’ambut (interrupted).

Joni Kerr — Well I’m not going to bully you I’m going to suggest that perhaps the Land UseCommission can get with the current mode of communication (interrupted).

Administrative Director Michael Borja — This is not the Land Use Commission.

Joni Kerr — And you can kind of get up to speed with communication. The paper doesn’tseem to cut it anymore. I think social media is a good way to do it. We have an example ofone of the members of the consolidated utilities commission who has gone on Facebookand he gets the word out there and he recognizes the necessity of how people are nowcommunicating. So I am going to suggest that perhaps this body can get the word out likethat. Thank you.

Acting Chairman Joseph Cruz — Thank you ma’am.

Cara Flores — I just need a clarification of the law. Does the law permit or require thecommercial use of the property? Are you required to lease these properties for commercialor does the law permit it?

Administrative Director Michael Borja — Public Law 33-95 read it for yourself it will tellyou what it is.

Cara Flores — So you don’t know. I don’t understand how this is okay (interrupted).

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Administrative Director Michael Borja — It gives the authorization to do it.

Cara Flores — For people to come to these public hearings and to these meetings and to betreated like this, it’s not okay. This happened on Tuesday not just to myself but to otherpeople and I’m sorry I know how old I look and I know in some ways this looks disrespectfulbut you should not speak to people that way. This land belongs to the people of Guam itdoes not belong to you and so we have every right to be here.

Acting Chairman Joseph Cruz — Well the way I interpret the law is that I think it is not arequirement for us.

Cara Flores — I don’t think it is either.

Acting Chairman Joseph Cruz — It is not a requirement.

Cara Flores — So you are permitted to commercially lease the land but it’s not required thatyou do so.

Acting Chairman Joseph Cruz — No.

Cara Flores — Thank you for clarifying it I appreciate it.

10. Ted Nelson — Land for the landless please don’t take back. Yes they sold the land for$2,500. Ija Subdivision, As Lucas Subdivision, Umatac, Pigua, Merizo for $2,500 for theChamorros to purchase. Please if anyone cannot pay for it I don’t believe something iswrong. $2,500 they could be paying $25.00 a month either they lost connection, they’re inthe military or whatever. But please take this item I got other things but this is the only thingI’d like to propose. Take this item the return the land for the landless. Give it back to thechildren, this land was 20 years ago. Many are students, many are in the military, many areoff island, many were not told but the Mayors Albert Topasna, Tito Mantanona, Bob Cruz,Chilang all of them gave the land for the children in school or who are in the military. Givethem a chance Mr. Chairman. Don’t please. Give the land back to the children. Look

Administrative Director Michael Borja — Well Senator it’s a public law now. I know youwere at the hearing for the bill but it is a public law already that was enacted just either itwent into law either end of November or early December. I’m not the one that came up withthis bill.

Ted Nelson — Don’t do it, you don’t have to do it. Just like this this is another stupid law thecommercial lease. Don’t do it, help them.

Administrative Director Michael Borja — We are and I went to testify to give everyone anadditional time to be notified.

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Ted Nelson — Please I just want to concentrate on Chamorro Land Trust land for thelandless.

Administrative Director Michael Borja — Yeah and I’m talking about land for the landless.

Ted Nelson — I don’t want it indicate here that that program was not good. Like I said if youdon’t believe me go to As Lucas.

Administrative Director Michael Borja — Oh yes I believe it’s good there’s some beautifulareas there but (interrupted).

Ted Nelson — Pigua, Ija the program but please I’m asking you guys forget about thatstupid law. You have also the attorney to write to them and find out where they are.

Administrative Director Michael Borja — And we have, we have. That was part of the lawand so we wrote to them and told them how much they had to pay and to come inimmediately. The law gave us all these guidelines on how many days they had to comeback to us after they’ve received notification and then how many days after that. And iteven gave the default remedy on what we needed to fix this.

Ted Nelson — I understand the law. Those lots that are sold for $2,500 are worth $60,000now. And then you’re going to tell me that these kids are going to get rid of $60,000 worthof property?

Administrative Director Michael Borja — No they’re coming in now that’s why we had tonotify them and so they’ve been coming in quite a number of them to sod this all out.

Ted Nelson — So defer the item until the notification is complete that’s all I’m asking.

Administrative Director Michael Bora — Well sir the notification was completed lastThursday. We had until the 14th or 1St of January to complete the notification. I’m thinkingabout doing an extra amount but I have to advise the legislature about it because all thepeople who’s letters, we had to send them out certified mail and the ones that havereturned back undeliverable we’ll probably do something about that and publish that list.

Ted Nelson — Please help them just don’t take the land away from them.

Administrative Director Michael Borja — And I don’t want to that and that’s what I tell allthe lessees I’m not here to take away your land I’m here to make sure (interrupted).

Ted Nelson — (inaudible) they tried to protect what they did 20 years ago.

Administrative Director Michael Borja — And it’s a great program Senator and that’s whywe want people, you know what is the sad pad about it is many of them because they havewaited more than 20 years to finish off paying the balance and some of them didn’t even

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pay the initial payment but their interest and the law even sets an interest amount. The newlaw reduced the interest but the interest is greater than the principle now.

Ted Nelson — How much is the interest now?

Administrative Director Michael Borja — Well some people have to pay $7,000.

Ted Nelson — But we can repeal that.

Administrative Director Michael Borja — Yeah we can repeal that.

Ted Nelson — Please for the interest.

Administrative Director Michael Borja — Well the initial law that you had had an interest init too. The initial law established an interest.

Ted Nelson — But they can be paying it, $25 (inaudible) don’t make it default.

Administrative Director Michael Borja — But they had 10 years to do and now we’re 20years later.

Ted Nelson — Give them a chance.

Administrative Director Michael Borja — We are giving them a chance that’s why we hadto notify them.

Ted Nelson — Please do not take the land away.

Acting Chairman Joseph Cruz — Well another option is that we’ll probably revisit on acase by case and if they cannot afford it we can probably throw in a long term lease and it’sstill theirs.

Ted Nelson — Whatever it is Mr. Chairman.

Acting Chairman Joseph Cruz — They won’t lose the land but the (inaudible) of the leaseis different.

Ted Nelson — Waive the interest.

Administrative Director Michael Borja — And some people have asked me to do that but(interrupted).

Ted Nelson — Ask Governor Calvo to do it executive order. (inaudible) Governor Calvo towaive the interest my god if we can waive millions and millions for outside businesses whycan’t we $5,000 or $2,000 for the children? Governor Calvo please executive order waivethe interest on the land for the landless situation that’s all I’m asking. Thank you. I’m sorry

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but this thing just, the land for the landless is in my heart for 20 years and it’s veryimportant.

Administrative Director Michael Borja — That’s why when the bill first came out my onlycomment to it was that it initially said it’s over and I said no you need to still go back andfind these people give them one last chance and that’s what this letter was about.

Ted Nelson — Can you write Mr. Chair, write to Governor Calvo executive order to waivethe interest for the land for the landless so that our children can have access to thisproperty. Please do that for the Chamorros. Okay thank you.

Acting Chairman Joseph Cruz — Thank you Senator.

11. Jeffrey Kosaka — Members of the Board, audience, my name is Jeffrey Kosaka and I’djust like to speak on behalf of what I’ve heard today. The only thing I have to say is forconstituents that are in need of the land is to give the Chamorro Land Trust a chance anddo your homework in finding out the laws, the regulations, the policies, procedures, who’squalified and whatever the case may be before coming out to do stuff like this. Because ifyou’re not educated on what you need to understand on the Chamorro Land Trust then Isuggest and I recommend that you guys do so because a lot of hurt, we have a lot of goodleadership that is taking the time to try and help the Chamorro people also. So please doyour homework and these guys are more than willing to help. If you come in, you makeappointments, you do follow ups you do what you need to do don’t stay behind the curtainand wait for something to happen. You need to be outspoken, come inside and talk tothese guys on a one to one base. I think that is very helpful in order for you to get yourconcerns out. So again members of the Board I thank you guys for continuing the missionto try and make it possible for the Chamorros here on the island. And for those that qualifyunder the law on acquiring land and for those that are non-Chamorro that make commentswe really appreciate those but please give the opportunities of the Chamorro people andyou know the chance to be the one to fight this forward. You know I’d like to point out amember of our board which is the mother of Senator Angel Santos who made it possible theChamorro Land Trust to happen. Senator Nelson thank you for the land for the landlessokay. There are a lot of these programs and laws that come into place to make thingsbetter for the Chamorro people. But as times change, policies change you know evenChamorro Land Trust leases is not ours. We have to lease it, we have to pay for it. If wedon’t pay our dues guess what happens it gets taken back you know. But again ChamorroLand Trust is here for the best interest of the people of Guam and I can attest to thatbecause I’m going through the same process right now and I had to do my own homeworkokay. So again members of the Board thank you very much.

Acting Chairman Joseph Cruz — Thank you Jeff.

V. OLD BUSINESS — None.

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VI. NEW BUSINESS1. Decha Farms proposed land transfer/land sale3. Hawaiian Rock license for Lot 5412, Mangilao4. Resolution to approve proposed commercial propertiesActing Chairman Joseph Cruz — We’re going to table Items 1, 3 and 4.

Commissioner Pascual Sablan — I think a motion has to be made for us to bypass theothers in the New Business because we don’t have the document before us to reviewand make a decision. So I make that motion. My motion is under New Business,number 1, number 3 and number 4 we table it until such time that we receive thedocument you know. Like for example here they’re asking for the resolution toapprove proposed commercial properties I know Land Management is still workingfrom the last Tuesday public hearing and we have to have that you know review itand make a wise decision.

Acting Chairman Joseph Cruz — Okay then make a motion.

Commissioner Pascual Sablan — That’s my motion already.

Commissioner Amanda Santos — Second it.

Acting Chairman Joseph Cruz — There’s a motion on the floor to table items 1, 3 and4 on the New Business. It was seconded by Mrs. Santos. All in favor say aye.

Commissioner Amanda Santos — Aye.

Commissioner Pascual Sablan — Aye.

There were no objections, MOTION PASSED.

Administrative Director Michael Borja — All I’m giving you here then for your review andfor discussion at the next meeting next month is the public hearing report digest whichincludes all oral and written testimonies that we have received to date. Also for your revieware the resolutions for each of the lots that were here. So this is what would be what youwould review to discuss at the next meeting. If there are any changes and we need tomake any changes we’ll provide that to you with ample time to review it.

Acting Chairman Joseph Cruz — Okay on these items, on item number 4 is there a waywe can get an outline of what the department is following as to how we come about inapproving a proposed commercial? Like for this listing what are the compatibility, what arethe highest and is there any (didn’t finish).

Administrative Director Michael Borja — It’s in here it tells you. You’ll have a thing inthere that tells you everything.

Acting Chairman Joseph Cruz — Okay so we’ll take a look at that. And this is for next?

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Administrative Director Michael Borja — For the next meeting.

2. Transfer of land for emergency homeless shelterAdministrative Director Michael Borja — There is a bill I can’t remember the number Ithink it’s 210-33 that’s up for a public hearing on Tuesday morning at 9 o’clock and it’s thetransfer, there’s actually 2 or 8 acres of land that have been set in reserve from Public Law22-18 for Public Health to build a homeless shelter. I’m part of the Homeless Coalition inthe Government trying to find a location and to get homeless shelters built. This 2 acresthat is set aside was reserved for homeless shelters. In that general area they put all thereserved properties in Chalan Pago that are not suitable because of the topography forbuilding large structures like Public Health facilities, hospitals, things like that. Anyway wewant to do is to be able to transfer that piece of property for CLTC properties by theNorthern Public Health facility. And so that’s what I’m just letting you know that there is abill out for this purpose.

Commissioner Pascual Sablan — Wasn’t there lands exchanged before?

Administrative Director Michael Borja — No there’s still a lot more there’s still lands inthere. There’s still a lot of lands in the reserve list but I think there has been recent publiclaws recently bills that were passed yesterday that will take some of those lands out of thereserves and just erase it off the reserve list and it’s Chamorro Land Trust.

Commissioner Pascual Sablan — No but the one in Chalan Pago I thought they weresupposed to swap that with (interrupted).

Administrative Director Michael Borja — They did for part of it for the Foster Care Home.They did part of it because it was designated for Foster Care facilities, designated forlaboratories and so they’re using that now. And in this case GHURA has some availablefunding for homeless shelters it’s just we got to have a location site for it.

Legal Counsel Kristan Finney — Its Bill 225.

Commissioner Pascual Sablan — But why Mr. Director, CHURA has all the money in theworld. Why can’t they, I know the topography in Ordot Chalan Pago you know is lousy.

Administrative Director Michael Borja — No they don’t have all the money in the world.You know money is not easy to come by anymore these days. But the land was alreadyreserved but it’s in a place that’s not usable. Like I said even the hospital, another PublicHealth facility, DOE they’re all in this one place. They just had these reserved sites.There’s a DOE site that we’re getting back. It’s down there behind, that big area behindOrdot, between Ordot and Sinajana I mean it’s in the hills too. I don’t know how anyonecan build a middle school back there.

Acting Chairman Joseph Cruz — So this item or item on said transfer of land where’s theproposed site?

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Administrative Director Michael Borja — By the Northern Health Center.

Acting Chairman Joseph Cruz — In Dededo.

Administrative Director Michael Borja — In Dededo there’s a tract of land up theresurrounded by GHURA, the Northern Health Center.

Acting Chairman Joseph Cruz — And they do have an assigned site already? Are weswapping this to another site that was reserved for them?

Administrative Director Michael Borja — Like I said the reserved site that Public Health,the Hospital and Mental Health were all given in Public Law 22-18 is all in this area inChalan Pago that’s not usable. It’s good for farming.

Acting Chairman Joseph Cruz — So what we did up in Barrigada Heights the 10 acres.

Administrative Director Michael Borja — No it wasn’t 10 acres.

Commissioner Pascual Sablan — 1 acre.

Acting Chairman Joseph Cruz — Is that the same lot then?

Administrative Director Michael Borja — No, no, no see there was a reserve for theFoster Care, there was a reserve for (interrupted).

Acting Chairman Joseph Cruz — In other words we’re piecemealing the swap.

Administrative Director Michael Borja — No in the law it says Foster Care you know 2acres, Homeless Shelter 2 acres.

Acting Chairman Joseph Cruz — But on the same lot.

Administrative Director Michael Borja — On the same lot.

Acting Chairman Joseph Cruz — So that’s what I’m saying we’re piecemealing theexchange with the Foster Care the home for the landless and putting them somewhereelse.

Administrative Director Michael Borja — Right someplace where we can actually build it.

Acting Chairman Joseph Cruz — So when we did the transfer for the Foster Care.

Administrative Director Michael Borja — That eliminated that reserved list that item on thereserved list. The land has been set aside it’s just a mailer of the location being a(interrupted).

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Acting Chairman Joseph Cruz — Public Health is handling their projection of the usage ofthis property because if there’s other facilities that is needed to be transferred might as wellput them all in one area not one in Barrigada Heights, one in Dededo and they’re all underPublic Health’s jurisdiction.

Administrative Director Michael Borja — Well it’s kind of hard to talk about the BarrigadaHeights one so (interrupted).

Acting Chairman Joseph Cruz - No, no but I’m saying that we’re piecemealing it from thereservation.

Administrative Director Michael Borja — This is probably the last of that reservation forPublic Health. This is one of the last pieces.

Commissioner Pascual Sablan — You have any idea as to who will be the clientele of the(interrupted).

Administrative Director Michael Borja — Well the issue here is that like we mentionedbefore what the paper said 42% of the homeless are of Chamorro descent but the thing is isthat it is also going to be a shelter for those who are in emergency situations, their houseburns down, their house gets flooded even for typhoon periods. That’s what the intent ofwhat these shelters are for.

Acting Chairman Joseph Cruz — The entity of this ownership is under Public Health.

Administrative Director Michael Borja — Right and the reason why it’s going to be put upin Dededo too is because we’re looking to have I think Guam Housing operate the facility.

Acting Chairman Joseph Cruz — So who are we transferring it to Public Health or GuamHousing?

Administrative Director Michael Borja — Public Health. It’s a Public Health reservation,it’s a Public Health tasking to have that facility.

Commissioner Pascual Sablan — And the transfer is going to be a one to one like(interrupted).

Administrative Director Michael Borja — Well I think the bill is for 2 acres for 4 acres Imean if they only get 2 we get 2, area for area but you know the legislature can assign asmuch land as they want a little less than (interrupted).

Acting Chairman Joseph Cruz — Has this been parceled already out of the north?

Administrative Director Michael Borja — It is a specific lot.

Acting Chairman Joseph Cruz — It’ll be nice to see.

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Administrative Director Michael Borja — The bill has it.

Commissioner Pascual Sablan — We have to be consistent you know here we are we’resaying that if we’re going to lease out Chamorro Land Trust and (inaudible) of the appraisedvalue could be more.

Administrative Director Michael Borja — But we work for Government that’s not the issueitts only commercial.

Commissioner Pascual Sablan — It’s going to be an issue because the Chalan Pago forme is worthless.

Administrative Director Michael Borja — No it’s not worthless it’s good for agriculture. Infact that’s what we have up there right now we have folks that are already using it that havebeen signed before our time to leases in this area. It’s for agriculture when it should nothave been even given out. You know where the Evangelical Christian Academy is rightthere by the intersection its back in there back down in the hillsides back there. You knowthe terrain back there is pretty steep.

David Matanane — Can I address the Chair? I just wanted to know which public law are wetransferring this particular land, to whom?

Acting Chairman Joseph Cruz — It’s still a bill it’s not a law yet.

David Matanane — But we are transferring it back to Public Health right? Is it?

Administrative Director Michael Borja — Well its Public Health’s reservation land.

David Matanane — Okay so we are transferring it to Public Health is that?

Commissioner Pascual Sablan — We’re swapping.

Administrative Director Michael Borja — We’re swapping it with Public Health we’re givingthem something in Dededo for it.

David Matanane — But we have swapped this particular land once before.

Administrative Director Michael Borja — Right there’s a whole bunch of property a bunchof itemized reservations from this big tract of land in Chalan Pago. And for some reasonthey assigned all the health reservations to this land. 35 acres for a hospital, 35 acres forMental Health a whole bunch of different kinds of things for Public Health, laboratories all ona piece of property that on a flat piece of paper looks good but when you drive out there youneed tracks on your vehicle to get around.

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David Matanane — I’m just kind of curious because I understand that we have swappedland with Public Health the laboratory for the mosquito lab that we swapped from you know.Is that particular land been designated just (interrupted).

Administrative Director Michael Borja — For the lab.

David Matanane — For the lab and where was the land that was swapped for against it?Down there too the same place?

Administrative Director Michael Borja — Yeah.

David Matanane — And how many per acre with the exchange?

Administrative Director Michael Borja — On that one I can’t remember I think probably 4or 5 acres. Whatever the reservation was it was a pretty large piece.

David Matanane — If I remember correctly I was even indicating that the value of that pieceof land up in Dededo where the lab is at should be worth 3 times the amount that is downthere in Ordot. So I don’t know Mr. Director I’m just you know it kind of ticked me off wherewe’re going to be transferring this particular land to Public Health when they own the land orif it’s under their name then why are we transferring it?

Administrative Director Michael Borja — Oh no, no, no this is a whole other piece ofproperty a whole other area.

Acting Chairman Joseph Cruz — It’s not the same lot as the Northern Public Health it’snext to the Northern Public Health.

David Matanane — No, no I was indicating the Ordot property.

Acting Chairman Joseph Cruz — All we’re doing is we’re revising that reservation list outof that basic lot and removing what was originally reserved and that’s what we’re swapping.The acreage that was reserved for the land for the homeless and then we’re shifting it up toDededo. That acreage that was reserved on the basic lot reverted back to Chamorro LandTrust.

David Matanane — Which land is going to be reverted back to Chamorro Land Trust?

Acting Chairman Joseph Cruz — The reservation list that was created under the initialpublic law of the (interrupted).

David Matanane — The one up in Dededo.

Acting Chairman Joseph Cruz — Yes.

Administrative Director Michael Borja — Chalan Pago.

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Acting Chairman Joseph Cruz — Chalan Pago, Chalan Pago.

David Matanane — Which consists of how many acres?

Acting Chairman Joseph Cruz — That’s over 300 acres.

Administrative Director Michael Borja — Yeah it’s a pretty large tract of land.

David Matanane — And compared to Ordot.

Administrative Director Michael Borja — Ordot is a large tract of land.

David Matanane — It is it’s more than enough for the value to value type of thing.

Administrative Director Michael Borja — We weren’t going on a value for value. Youknow we need the piece of property for a really important purpose because (interrupted).

David Matanane — I’m just going to caution because if we do this then we start precedencewhen we do swap other lands. I just want to inform you.

Acting Chairman Joseph Cruz — Like I mentioned earlier we did it for the one in BarrigadaHeights.

David Matanane — And where’s the (inaudible) of what we swap? That’s all I’m sayingplease look into it before you know we do that because we need to put if it’s 3 to 1, 2 to 1 orwhatever, If we do it the first time then that is your guideline and if we do it 0 to 1. All I’msaying is (interrupted).

Administrative Director Michael Borja — The value for value was not a factor in thesetransfers.

David Matanane — Okay there are only two questions that I ask but which public law and Ihope that there is a designated public law just for this one.

Administrative Director Michael Borja — Oh yeah.

Acting Chairman Joseph Cruz — Come to see at the public hearing on that bill.

David Matanane — Okay thank you gentlemen.

Acting Chairman Joseph Cruz — You want to make a motion on item number 2?

Commissioner Pascual Sablan — No already my motion is for 1, 3, and 4 and it’s beencarried out, we voted. Now let’s move to number 7, Director’s Report.

Acting Chairman Joseph Cruz — But did we agree on number 2 the transfer of land?

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Commissioner Pascual Sablan — Well that’s David’s concern we don’t even we didn’t domuch you know.

Administrative Director Michael Borja — Well there is a bill and I would really recommendthat we allow for a transfer.

Commissioner Pascual Sablan — But do we have a say so? I thought the Legislaturemakes that decision.

Administrative Director Michael Borja — And then the Legislature can do anything theywant.

Commissioner Pascual Sablan — Exactly.

Acting Chairman Joseph Cruz — So you want to keep silent on this.

Commissioner Pascual Sablan — No I’m not going to keep silent.

Acting Chairman Joseph Cruz — That’s why I’m asking or do you want to make a motionor what because we’re hearing it now?

Commissioner Pascual Sablan — I thought we discussed already? I’m sorry then.

Acting Chairman Joseph Cruz — Okay so let’s go to Item 7.

VII. DIRECTOR’S REPORT1. Loan Guaranty, SBA chargeback statusAdministrative Director Michael Borja — The loan guaranty and the Small BusinessAdministration charge back status the loan guaranty program is when people get loans tobuild their houses. But as a result of typhoons back in the 90s and Pongsona was the lastone that SBA loan guaranty was issued out. There’s a whole list of folks that receivedFEMA loans through SBA because you know (inaudible) giving a loan guaranty at that time.SBA came back and said there was number of them almost 2 dozen that had fallen in thecategory in the United States Government called charge back. Charge back is when youowe the federal government money and they have not been able to collect and it goes totheir collector the US Treasury and it’s a red hot item. If you try to receive any kind offederal monies if you are in the States and you were filing your income tax and you had arefund coming it would have been garnished. So we interviewed all these people and Ithink there was one that wasn’t here, no we interviewed them all and advised them of theproblems and in many cases the issues that resulted in them not making payments wasthings that come in human tragedies, deaths in the family, really bad divorce, things likethat. But on whole we believe that almost all of them are rectifiable. Some of them arealready in the process of resolving and closing out these things. Most of them while theymight have received a loan for $80,000, let’s say they only got 5 the initial 5 and neverreceived the rest so that’s all they’re paying off on plus interest to the Government. Butthere are a couple of cases that we believe may result in them defaulting on their loan and

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in doing so they default also if we’re required to have to pay off that balance then theywould lose their lease and the house on it as well. And then it will be our job and it’s writtenout specifically and clearly in the law on how we go about doing that and that’s to find aviab’e candidate who is an appHcant and qualifies for a loan to assume you know take overthe property. In doing all of these things though we have to also go through the Triple Aprocess and give them the opportunity to have a hearing through a hearing officer so we’regoing to be putting out an RFP shortly to seek a hearing officer. A hearing officer has to bean attorney and it cannot be ours, it cannot be the Attorney General so we have to go outand solicit for someone maybe to be on call for being a hearing officer. Some of thesecases here one other lease termination we did recently for the land theft up in Dededo willhave to go through this process and then even GRAP. We already sewed GRRP theirnotice that they’re in default and we’re terminating and by law we have to let them know thatthey have the right to an appeal. So they accept it and want to appeal. So we’re going togo through a hearing officer for that. So I’m just letting you know about that.

Acting Chairman Joseph Cruz — Do we have a case I mean numbers? What are thenumber of cases that we have on the list charge backs?

Administrative Director Michael Borja — Yeah there’s about 2 dozen of them that we hadto discuss that we had to interview each one of them. So I have a full layout I can(interrupted).

Acting Chairman Joseph Cruz — Out of the whole?

Administrative Director Michael Borja — Well those were the ones that had the chargebacks they were the most serious. Now in some cases the problem also rests with SEA.Small Business Administration on Guam and throughout the United States was a prettylarge office and they were downsized significantly. In being downsized they no longer weremanaging, had financial management teams to look after these loans. So they sold theloans to a bank and they sold it to many banks and those banks sold it on and on and on.We haven’t heard from any of these and in fact one bank who did try to take us to court thecase was dismissed pretty quick because of their failure to conduct their due diligence innotifying that they had transferred the account. But these were the worst case ones we hadto deal with and it’s not to say it’s the end but like I said the problems that rested with thesepeople were just sad human drama that affected their lives. And those are the kinds ofproblems we can look into seeing in the future but the point here and this was where we’vegotten to since two years ago is the touching base with all these people and having a fullaccount and the ability to know where they’re at at all times.

Acting Chairman Joseph Cruz — So what’s an approximate amount that Chamorro LandTrust might risk paying for?

Administrative Director Michael Borja — Well what we would do is we will talk to who everto the US Treasury to make an arrangement so we can do month to month until we foundsomeone to take over and not have to assume the whole amount.

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Acting Chairman Joseph Crux — No but identifying the 2 dozen cases is it a million, a halfa million or?

Administrative Director Michael Borja — What did it come out to Margarita do youremember? I can share that with you because it’s not really something that’s (interrupted).

Legal Counsel Kristan Finney — But also the initial numbers that were just kind of outthere from what was sent over by the SBA was different from what we figured out in talkingto all the individuals and so I don’t know if all of that has been compiled to have a revisedestimate.

Administrative Director Michael Borja — Yeah their records were pretty bad too. And solike I said if they told us that somebody got an $80,000 loan but in reality they only got$5,000 or $50,000.

Acting Chairman Joseph Cruz — No because if we need to pay this we might have toclose the department off because it’s federal.

Administrative Director Michael Borja — Right you’re right and that’s the problem here it’svery serious and that’s the reason why we’ve gone through to do our part on this and we’rereporting to SBA what we’ve done so that they can probably do something. I’ve spoken tothe legal counsel for the Small Business Administration Disaster Loans and this is also partof the reason why we have to have the loan guaranty rules and regulations in place. Thatprocess is stuck in getting an economic impact statement right now and so it hasn’t beenforwarded yet for review by the Attorney General but that’s the reason why we had to havethese rules and regs because there was nothing. We have a big problem with this becauseloan guaranties were just arbitrarily given.

Acting Chairman Joseph Cruz — Okay anything else?

2. Revenue collection report for November and December, 2015Administrative Director Michael Borja — Back in here you have a spreadsheet. Youknow it sort of mentioned in the new public laws that are listed there but we’re going to seea lot more people who are going to be paying their land leases in full because there’s a newpublic law that says that they have one year from the signing of their lease to pay theenormous amount of $99 for 99 years all at once. We have created an accounting systemand we’ve just gotten the full use at the enterprise of QuickBooks. Every one of our leaseshas a QuickBooks account so that we can track them at all times. The reason for that lawwas to not have to go and chase after $1 every year. So you have the revenues in therefor, we have not yet received our annual payment for Guam Telephone Authority so I’mgoing to be following up on that. They have to be in this month to pay it off. Their newlease began in the beginning of last year and requires them to pay off the annual amount inJanuary. And that’s roughly around, how much is that?

Margarita Borja (DLM) — About $351,000, they made it today.

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Administrative Director Michael Borja — Oh they made it today so we just collected$351,000 from GTA today and that’s for the use of where all the facilities are located at.

3. New Public Laws:a. Land for the Landless returnb. Creation of infrastructure and survey fund sitesc. Full payment of leased. Property tax exemption waiver

Administrative Director Michael Borja — As I mentioned earlier the reason the Land forthe Landless item is listed here is because it’s one of the new public laws that basicallyspells out the notification of all the applicants who are current and that any lands that neverget paid for they’re returned and they’ll be assigned to the Chamorro Land TrustCommission. That public law also states that if at any time we could consider to use someof those lands that have gone default for assignment to Mayors for public use like parks andwhatever. All the letters went out last week and a lot of them have been coming in todiscuss the letters and to make payment. These new laws also created the infrastructureand survey funds. Again this is in an effort to be able to raise money to be able to do thesurvey of all the lands and to have some money to try and do some infrastructure. So allthe land for the landless monies that are going to be collected are going to go into the CLTCsurvey and infrastructure fund. Any lands that are sold like bull cart trails that belong to theGovernment of Guam if they’re sold they go to this survey and infrastructure fund. One ofthe other laws also had two parts in it. One was that within one year of your lease signingyou would pay the full lease amount of $99 and if then if the Government does the survey ofyour property then you would be waiving the 7 year exemption from paying property tax.Right now a lessee if he does his survey his own survey he’s exempt from paying propertytaxes for 7 years. If we do the survey then there is no exemption.

Acting Chairman Joseph Cruz — So the exemption is strictly for surveying?

Administrative Director Michael Borja — Uh huh and that’s not in an effort to try and raisemoney in reality if we did the survey and they had to begin paying property taxesimmediately and not get that 7 year exemption if your property is $50 for 7 years that $350.That’s not a bad deal when you know you usually have to pay about $1,000 or so forsurveys.

Acting Chairman Joseph Cruz — But on the tax exemption does it apply to land alone or toinclude building?

Administrative Director Michael Borja — No just land.

Acting Chairman Joseph Cruz — Just land, got to be specific here.

Administrative Director Michael Borja — Yeah it is.

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Commissioner Pascual Sablan — I think this Commission should make a policy that if youassign property to Chamorro Land Trust recipient give them 2 years and if they don’t surveythen take it back. I know again we’re the ones supposed to pay for the survey.

Acting Chairman Joseph Cruz — The authorization has a limited timeframe.

Administrative Director Michael Borja — Yeah the authorization has a limited timeframeand one of the big problems that’s actually coming to bite these people is that GuamWaterworks for example if you had a piece of property and you’re already occupying outthere and you don’t have a survey because there’s a lot of lease that were given out withoutthe surveys if you have disconnected they want to see a survey map before they connectback up. And if you have no survey map you don’t get reconnected which is unfortunateand is not cool and so we’ve talked with Guam Waterworks so we can work with clients oneon one to get their water hooked back up because you know that’s a necessity of life. Nowin that master plan subdivision of all the agricultural master plan subdivisions we didthroughout the island we’ve been able to use that for Waterworks because it shows wherethe easements are so that could substitute for the time being of an actual survey mapbecause it is a recorded document that’s been approved by the Chief Surveyor and theChairman of the Guam Land Use Commission and Chamorro Land Trust Commission. Sowe’ve been working with that product when we’ve had to. But that product also helps whenwe tell people where their lands are because we’ve assigned lots numbers now to all thesepieces of property and we know where they are and in fact every one of these lots is in ouraccounting software. That’s how we have to track them.

Acting Chairman Joseph Cruz — That will eliminate duplication of lots.

Administrative Director Michael Borja — Yeah assigning more than one person to a lot.Okay that’s all I have.

VIII. ADJOURNMENTCommissioner Amanda Santos moved to adjourn the meeting. Commissioner PascualSablan seconded the motion. Meeting adjourned at 3:58pm.

Transcribed by: Teresa Topasna, WPSII:

Michael J.B. Borja, Administrative Dir Date9?//?44

Joseph I. Cruz, Acting Date:’-//P//L

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C’

CHAMORRO LAND TRUST COMMISSIONRESOLUTION NO. 2616.01

Declaration and Designation ofAvailable Lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLTC). pursuant to PublicLaw 33-95, may declare and designate certain lands for commercial leasing or licensing to the

general public. CLTC shall conduct a public bearing for the proposed lands and the commissinners

shall approve by resolution the proposed lands. The resolution shall (lien be forwarded to I

Lllwslanirun GnaI,,,, within thirty days for review; and

WHEREAS, the CLTC hoard of commissioners at their November 19. 2015. regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands: and

WHEREAS, on January 19, 2016. at 6:00PM, the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center. Dededo Guam; and

WHEREAS, on January 21, 2016, the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

for commercial usc, to include the following parcel:

Alupat Island, Tamuning. An island in the Alupang cove area inside the reef

with no current survey map or tax assessed value. Potential use for any

commercial activity conducive to its size and location, in compliance with all

restrictions established by local and federal guidelines regarding coastline use

and natural habitat.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land to he designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Ltheslwurwm Guuhcum with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CHA1IORRO L1AD TRUST COALIISSION THIS 2I DAY OF

J.4NUARY, 2016.

_______________________________________

Date:

JOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

_______________________________________

Date:

MICHAEL J.B. BOILIA, Administrative DirectorChamorro Land Trust Commission

Doc. No. 33GL-16-1388

‘a)

CHAMORRO LAND TRUST COMMISSION

RESOLUTION NO. 2016-02

Declaration and Designation of

Available Lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLTC), pursuant to PublicLaw 33-95, may declare and designate certain lands for commercial leasing or licensing to thegeneral public. CLTC shall conduct a public hearing for the proposed lands and the commissioneis

shall approve by resolution the proposed lands. The resolution shall then be forwarded to ILiheslutnnm Ojiahan within thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularlyscheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducted a public hearing for theproposed lands at the Dededo Senior Center, Dededo Guam: and

WHEREAS, on January 21, 2016, the CLTC board of commissioners at their regularlyscheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 439-RI (Parcel “B”), Santa Rita. Size: 87 acres. Zone: MI. Survey Map:274FY2001. Tax Assessed Value: $888,744. Potential use for any light industrialor commercial activity conducive to its size and location.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land anddeclares this lands to be designated property for commercial use having been duly public

heard in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution toI Liheslainran Guahan with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CHAMORRO LAND TRUST COMMISSION THIS 21” DAY OF

JANUARY, 2016.

_______________________________________

Date:

JOSEPH I. CRUZ, Acting ChairmanChamorro Land Trust Commission

____________________________________

Dale:MICHAEL j.B. BORJA, Administrative DirectorChamorro Land Trust Commission

Doc. No. 33GL-16-1388

CHAMORRO LAND TRUST COMMISSION

RESOLUTION NO. 2016-03

Declaration and Designation ofAvailable Lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLTc, pursuant to PublicLaw 33-95, may declare and designate certain lands for commercial leasing or licensing to thegeneral public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then be forwarded to I

Liheslaruran Qua/ian within thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearingof proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducted a public hearing for theproposed lands at the Dededo Senior Center, Dededo Guam; and

WHEREAS, on January 21, 2016, the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed landsfor commercial use, In include the following parcel:

Lot 5075-REM-A NEW, Tamuning. Size: 3.3 acres. Zone: R2. Survey Map:172FY2012. Tax Assessed Value: $815,047. Potential use for any commercialactivity conducive to its size and location.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land anddeclares this land to be designated property for commercial use having been duly public heardin accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution toI Ltheslaniran Qua/ian with its recommendation to approve the property identified in thisResolution.

SO SAYETH THE CHAMORRO LAND TRUST COMMISSION TInS 2E’ DAY OF

JANUARY, 2016.

___________________________________________

Date:

JOSEPH I. CRUZ, Acting ChairmanChamorro Land Trust Commission

_______________________________________

Date:MICHAEL J.B. BOI&JA, Administrative DirectorChamorro Land Trust Commission

Doc. No. 33GL-16-1388

CHAMORRO LAND TRUST COMMISSIONRESOLUTION NO.2016-114

Declaration and Designation ofAvailable lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLIV), pursuant to Public

Law 33-95, may declare and designate certain lands for commercial leasing or licensing to the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then he forwarded to I

Liheslaturan Gitahan within thirty days for review; and

WHEREAS, the CLTC board of commissioners at Iheir November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

olproposed lands; and

WHEREAS, on January 19, 2016. at 6:00PM, the CLTC conducted a public hearing for [lie

proposed lands at the Dededo Senior Center, Dededo Guam; and

WHEREAS, on January 2). 2016, the CLTC hoard of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

[or commercial use, to include the following parcel:

Lot 5133-1-2, Tamuning. Size’. 0.25 acres. Zone: II. Survey Map: 258FY89.

Tax Assessed Value: N/A. Potential use: Currently being used as a zoo

established by public law and the current lease has expired; seeking to permit

commercial lease tt) legitimize current occupant of the land.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Lund Trust Commission Board of Commissioners approcs the listed land and

declares this land to be designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Lthcslaturan Gnu/ian with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CRAMORRO LAND TRUST COMMISSION TillS 2I DAY OF

JANUARY, 2016.

_______________________________________

Date:_____________________

JOSEPH I. CRUZ, Acting ChairmanChamorro Land Trust Commission

___________________________________________

Date:_______________________

MICHAEL J.B. BOKJA, Administrative DirectorChamorro Land Trust Commission

Doc. No. 33GL-16-1388

CHAMORRO LAND TRUST COMMISSION

RESOLUTION NO. 2016-05

Declaration and Designation of

Available Lands for Commercial Use

)VHEREAS, the Charnorro Land Trust Commission (hereafter cLTCL pursuant to Public

Law 33-95, may declare and designate certain lands for commercial leasing or licensing to the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then he forwarded to I

Liheslantnm Gituluin within thirty days for review: and

IVHEREAS, the CLTC hoard of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center, Dededo Guam; and

WHEREAS, on January 21. 2016, the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 5173-l-R2NEW4, -R6, Tamuning. Size: 38 acres. Zone: R2. Survey

Map: 076FY2013. Tax Assessed Value: $19,3942,218. Potential use for any

commercial or hotel activity conducive to its size and location.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land lobe designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Lthcslaruran Osiuhan with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CHAMORRO LAN!) TRUST COMMISSION THIS 2I DAY OF

JANUARY, 2016.

_______________________________________

Date:

JOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

____________________________________

Date

MICHAEL i.B. BOItIA, Administrative Director

Chamorro Land Trust Commission

Doc. No. 33GL-16-1388

em

CHAMORRO LAND TRUST COMMISSIONRESOLUTION NO. 2016.06

Declaration and Designation ofAvailable Lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLTC), pursuant lo PublicLaw 33-95, may declare and designate certain lands for commercial leasing or licensing to thegeneral public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then be forwarded to 1

Liheslaruran Qua/ian within thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducied a public hearing for theproposed lands at the Dededo Senior Cenler, Dededo Guam; and

WHEREAS, on January 21, 2016, the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 5175-4, -R4, Tamuning. Size 4.5 acres. Zone: R2. Survey Map:

108FY2010. Tax Assessed Value: $3,190,880. Potential use for any light

industrial, commercial, or multi-residential activity conducive to its size and

location.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land to be designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

1 Ltheslanu-an Qua/san with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CHAMORRO LAND TRUST COMMISSION THIS 21” DAY OF

JANUARY, 2016.

_______________________________________

Date:

JOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

_______________________________________

Date:

MICHAEL j.B. BORJA, Administrative DirectorChamorro Land Trust Commission

Doc. No. 33GL-16-1388

1)

CHAMORRO LAND TRUST COMMISSIONRESOLUTION NO. 2016-07

Declaration and Designation ofAvailable Lands for Commercial Use

WHEREAS, the Chamono Land Trust Commission (hereafter CLTC), pursuant to Public

Law 33-95, may declare and designate certain lands for commercial leasing or licensing to the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then he forwarded to /

Li1,csluturcm G,,rihw, wilhin thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeling passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands: and

WHEREAS, on January 19. 2016. at 6:00PM. the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center. Dededo Guam: and

WHEREAS, on January 21, 2016. the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning, Guam. reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 5412-RH, Mangilao. Size: 74 acre.s. Zone: A. Survey Map: O36FY2O13.

TaN Assessed Value: S717,084. Potential use to engage in a commercial

contract with a developer to terrace property for future housing development,

install infrastructure, and build affordable housing to be sold to eligible CLTC

applicants or certain existing CLTC residential or agricultural leaseholders.

NOW THEREFORE RE IT RESOLVED.

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land to be designated property for commercial use having been duly public heard

in accordance with Public Law 33-95: and

2. The Chamorro Land Trust Commission Hoard of Commissioners transmils this Resolution to

I Lihevhzturan Qua/tm, with its recommendation to approve the property identified in this

Re.solut ion.

SO SA)ETH THE CHAMORRO L1A?D TRUST CO.IIMISSION THIS 715T D11)’ OF

JANU1RL 2016.

__________________________________________

Date:

JOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

_______________________________________

Date:MICHAEL .l.B. BOIUA, Administrative DirectorChamorn) Land Trust Commission

Doc. No. 33GL-16-1388

CHAMORRO LAND TRUST COMMISSIONRESOLUTION NO. 2016-08

Declaration and Designation of

Available Lands for Commercial Use

WHEREAS, the Chamorro Lund Trust Commission (hereafter CLTC), pursuant to Public

Law 33-95. may declare and designate certain lands for commercial ]easing or licensing to (he

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then be forwarded to I

Ltheslaturan Gnu/ian within ihi rty days for review; and

WUEREAS, [he CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center, Dededo Guam; and

WHEREAS, on January 21, 2016, the CLTC hoard of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 7054-R5, Vigo. Size: 12 acres. Zone: A. Survey Map: 167FY93. Tax

Assessed Value: N/A. Currently being used as lighi industrial and potential to

be used for any commercial or multi-residential activity conducive to its size

and location.

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land lobe designaied property for commercial use having been duly public heard

in accordance with Public Liw 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioneis transmits this Resolution to

I Liheslaturan Qua/ian with its recommendation to approve the property identified in tIns

Resolution.

SO SAYETII THE CHAMORRO LAND TRUST COMMISSION THIS 215T DAY OF

JANUARY, 2016.

____________________________________

Date:

JOSEPH 1. CRUZ, Acting ChairmanChamorro Land Trust Commission

_______________________________________

Date:

MICHAEL j.B. BOKIA, Administrative Director

Chamorro Land Trust Commission

Doc. No. 33GL-16-1388

pCHAMORRO LAND TRUST COMMISSION

RESOLUTION NO. 2016-09

Declaraüon and Designation of

Available Lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter cLTçI. pursuant to Public

Law 33-95, may declare and designate certain lands for commercial leasing or licensing to the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then be forwarded to I

Liheskituran Onahun within thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and 5

WHEREAS, on January’ 19, 2016. at 6:00PM. the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center. Dededo Guam; and

WHEREAS, on January 21, 2016. the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 7055, Yigo. Size: 43 acres. Zone: A. Survey Map: Prewar map A-261.

Tax Assessed Value: N/A. This lot is UNREGISTERED. Portion of this lot

designated as a FEMA site for disaster debris management plan and a portion

held in reserve for Guam Vaterworks Authority to determine location of future

water well sites. Potential use [or any commercial or multi-residential activity

conducive to its size and location.

iVOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land to be designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Liheshunian Onahan with its recommendation to approve the properly identified in this

Resolution.

SO SAVETH THE CHAMORRO MAD TRUST CaIIMISSION THIS 215T DAY OF

JANUARY, 2016.

__________________________________________

Date:

.TOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

___________________________________________

Date:,

MICHAEL LB. BORJA, Administrative Director

Chamorro Land Trust Commission

Doc. No. 33GL-16-1388

CHAMORRO LAND TRUST COMMISSION

RESOLUTION NO. 2016-10

Declaration and Designation ofAvailable Lands for Commercial Use

WHEREAS, the Chamoro Land Trust Commission (hereafter CLTC’). pursuant to Public

Law 33-95. may declare and designate certain lands for commcrcial leasing or licensing to the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then he forwarded to 1

Liliexiaturan Guahan within thirty days for review: and

WHEREAS, the CLTC board of commissioners at their November 19, 20(5, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center, Dededo Guam; and

WHEREAS, on January 21, 2016, the CLTC board of commissioners at their regularly

scheduled meeting, Tamuning. Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Lot 10122-IS, Dededo. Size: 13 acres. Zone: A. Survey Map: l84FY88. Tax

Assessed Value: $1,677,806. Currently being used ats a melal scrap facility

e.stablished after a major typhrn’n in the mid 1990’s. Potential use as any light

industrial or commercial activity conducive to iLs size and location.

Commercial use authorization may also allow engagement in commercial lease

to legitimize current occupant of the land.

NOW THEREFORE BE ITRESOL YE!),

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land lobe designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Liheslaruran Guahein with its recommendation to approve the property identified in this

Resolution.

SO SA YETH THE CHAMORRO LAND TRUST COMMISSION THIS 2I DAY OF

JANUARY, 2016.

Date:_

JOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

_______________________________________

Date:

MICHAEL J.B. BORTA, Administrative Director

Chamorro Land Trust Commission

Doc. No. 33GL-16-1388

CHAMORRO LAND TRUST COMMISSIONRESOLUTION NO. 201 6-11

Declaration and Designation of

Available lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLTC), pursuani to Public

Law 33-95, may declare and designate cenain lands for commercial leasing or licensing to the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then be forwarded to I

Lilieshituran Qua/it,,, within thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 9, 2016. at 6:00PM, the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center, Dededo Guam: and

WHEREAS, on January 21, 2016, the CLTC hoard of commissioners at their regularly

scheduled meeting, Tamuning. Guam, reviewed the public hearing comments on the proposed lands

for commercial use, to include the following parcel:

Tract Ill, LOt 12, Tamuning. Size: 0.63 acres. Zone: H. Survey Map:

332FY95. Tax Assessed Value: $860,400. Potential use for any commercial or

multi-residential activity conducive to its size and location,

NOW THEREFORE BE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land to be designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Liheslantran Gun/ian with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CH.4MORRO LAND TRUST COMAJISSION THIS 21 DAY OF

JANUARY, 2016.

____________________________________

Date:

JOSEPH 1. CRUZ, Acting Chairman

Chamorro Land Trust Commission

_______________________________________

Date:

MICHAEL J.B. BORJA, Administrative Director

Chamorro Land Trust Commission

Doc. No. 33GL-16-1388

pCHAMORRO LAND TRUST COMMISSION

RESOLUTION NO. 2016.12

Declaration and Designation of

A suitable Lands for Commercial Use

WHEREAS, the Chamorro Land Trust Commission (hereafter CLTC), pursuant to Public

Law 33-95. may declare and designaie certain lands for commercial leasing or licensing lo the

general public. CLTC shall conduct a public hearing for the proposed lands and the commissioners

shall approve by resolution the proposed lands. The resolution shall then be forwarded lo i

Lilseslatigran Giuthan within thirty days for review; and

WHEREAS, the CLTC board of commissioners at their November 19, 2015, regularly

scheduled meeting passed a motion for the CLTC Administrative Director conduct a public hearing

of proposed lands; and

WHEREAS, on January 19, 2016, at 6:00PM, the CLTC conducted a public hearing for the

proposed lands at the Dededo Senior Center, Dededo Guam; and

WHEREAS. on January 21, 2016, the CLTC board of commissioners at their regulariy

scheduled meeting, Tamuning, Guam, reviewed the public hearing comments on the proposed lands

For commercial use, to include the following parcel:

Tract 10123 (Lot 7128-REM), Yigo. Size: 31) acres. Zone: A. Survey Map:

229FY76. Ta Assessed Value: $2,666,037. This tract is master planned [or

about ninety one-third acre residential lots to include some road frontage

commercial use. Potential use to engage in a commercial contract with a

developer to install infrastructure and build affordable housing to be sold to

eligible CLTC applicants or certain eNisting CLTC residential or agricultural

leaseholders.

NOW THEREFORE RE IT RESOLVED,

I. The Chamorro Land Trust Commission Board of Commissioners approves the listed land and

declares this land to he designated property for commercial use having been duly public heard

in accordance with Public Law 33-95; and

2. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution to

I Liheslaturan Guahan with its recommendation to approve the property identified in this

Resolution.

SO SAYETH THE CHAMORRO LAND TRUST COMMISSION TInS 21” DAY OF

JANUARY, 2016.

_______________________________________

Date:

JOSEPH I. CRUZ, Acting Chairman

Chamorro Land Trust Commission

_______________________________________

Date:

MICHAEL J.B. BOKJA, Administrative Director

Chamorro Land Trust Commission

Doc. No. 33GL-16-1388

IF 17 [F [H.

ksoIuUonNo.zo.6-oi JUUVJLh’ — Ap5rAMI,NINC flIMON,d hARMONMuNICIPAL ‘tANNING COUNCIL .q FE9 172015_KGRIS cj.tv. Sic, O.jmu.,

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RELA11VE TO A LEflfl F1tOM alE ADMINIETLVI1VL DIRECTOR 10 TilE CHASIORRO LAND TRUSTCOiBSION REQUESTING A RESOLUnON FROM ThE TAMUNIN&ThMON AND IIARMON MUNICIPALPLANNING COUNCIL REQUESTiNG APPROVAL OR orPosmoN FOR ThE USE OF LOT NO. 5173-I-R2NEW-R6(CO31ONLY KNOWN AS OKA POINT) FOR ThE 2016 UBERfl1ON DAY CARNIVAL F[sflvmES.

BE IT RESOLVED BY ThE TkMUNING-TIDAON AND HARMON MUNIDrAL PLANNING COUNCIL

WHEREAS, On January 7, zoi6 during her Mayors report, Mayor Louise C. Rivera advised the TamuningTumon and Harmon Municipal Planning Council (1MPC) that the Mayors’ Council of Guam (‘MCOC’). specifically, MayorsPaul McDonald (Agana Heights) and Robert Hoffman (Sinajana) intend to relocate the annual Liberation Day Carnival fromits current location in Tiyan to Oka Point (otherwise described as Lot 51B-I-R2NRV-R6), Tamuning for the zo,6 LiberationDay Carnival festivities; and,

WHEREAS, twelve (52) members of the MPC, constituting a quorum, discussed the issue, noting: thedisturbance to nearby residence from the 24 hour operations, including gaming and sporting activities; the logjam it wouldcause with traffic entering into and departing from the southern portal to Tumon as hundreds of cars try to get in and out ofthe only 2 entrances to the Ob Point site; the dangerous and illegal parking that would result when many of these carsdecide to park in the curb side lanes on both side of Pale San Vitores Road, as has been seen in events at nearby GovernorJoseph Rores Beach Park; the impact this would have on emergency responders getting into or out of Tumon by way of thatsouthern portal, as well as to and from GMII by way of Father Duenas Drive; the spill-on impact this would have on trafficand emergency responders on an already dangerously narrow and hard to pass Route i4B (Ypao Road); and other concerns;and,

WHEREAS, pursuant to the issues presented above, a motion was passed (ii opposed and i indifferent), thusthe MPC resolved to submit a resolution in opposition to any action taken to relocate the Liberation Carnival festivities toOka Point; and,

WHEREAS, the MCOG never inquired, informed, or made any formal request to the residents Municipalityof ‘famuning-Tumon and l-larmon (specifically to the Mayor, the Vice-Mayor, nor the Municipal Planning Council of theMunicipality of Tamuning-Tumon and l-larmon) relative to use of Oka Point for the 2016 Liberation Day Carnival festivities,and,

WHEREAS, on February 4, zoi6 the MCOG received a letter from the Administrative Director of theChamorro Land Trust Commission relative to the use of Oka Point for the 2016 Guam Liberation Day Carnival Festivities;and,

WHEREAS, in the February 4, zoifl letter from Director Michael Borja placed on the Chamorro Land TrustCommission’s meeting agenda (for the February i8, 2016 meeting) the MCOG’s request to use Oka Point for the aoiflLiberation Carnival festivities; and

WHEREAS, Director Borja requested that Mayor McDonald or other representatives of the MCOG bepresent to discuss the matter; and

WHEREAS, Director Borja informed the MCOG that the Chamorro Land Trust Commissioners will require aresolution from the Tamuningrrumon and 1-larmon Municipal Planning Council approving the use of the Oka Point for the2016 Liberation Carnival; and

WHEREAS, upon further discussion, the MPC motioned to prepare a resolution in response to DirectorBorja’s request relative to the MCOG’s request to relocate the zoi6 Liberation Carnival festivities from Tiyan to Oka Point,

NOWTHEREFORE, lIE IT RESOLVED:

That after considering the adverse effects to the residents of Tamuning. the Tamuning-Tumon and HarmonMunicipal Planning Council hereby resolves and reaffirms its OPPOSITION to any and all requests made with regard torelocating the Liberation Day Carnival festivities to Oka Point as expressed in its motion passed on January 7. 2016, andreaffirmed at its February 4, 2016 Municipal Planning Council meeting, and thnluer respectfully requests that Mayor LouiseC. rnvem transmit a true and correct copy of this Resolution to Mr. Michael Boija, Administrative Director of the ChamonoLand Trust Commission no later than February 17, 2016. together with further copy to the MCOG.

DULY AND REGULARLY ADOPTED BY ThE TAMUNING-TUMON and HARMON MUNICIPAL PLANNINGCOUNCIL, ON THIS 4 DAY OF FEBRUARY, TWO THOUSAND SIflEEN.

KENNH C. SANTOSVice Chairman

LOUI$Efr. RIVERA

Chain\lman

Doc. No. 33GL-16-1388

C CMARIQUITA F. TAITAGUE AND FRANK L.G. TAITAGUE - REQUEST FOR

AUTHORIZATION TO FARM ON LOT 422, TALOFOFO

1. FACTS:

a. Location: The subject site is located on a portion of Lot 422, Municipality of Talofofob. Lot Size: 420,304 square metersc. Lease Instrument Number: No Lease

2. CHRONOLOGICAL FACTS:

a. Lot 422, Municipality of Talofofo is UNREGISTERED government land.b. Title 21GCA Chapter 75, §75105(f). Prohibits the lease or license of any available

land until it is registered under the provisions of Chapter 29, Title 21 GCA.

3. Application Date and Times:a. Mariquita F. Taitague — December 5, 1995; Application Sequence No. 1295b. Frank L.G. Taitague — December 6, 1995; Application Sequence No. 1172

MARGARITA BORJA

MARIQUITA F. TAITAGUE and FRANK L.G. TAITAGUE

Doc. No. 33GL-16-1388

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Doc. No. 33GL-16-1388

C 0CHAPTER 75

CIIANI0RR0 LAND TRUST ConhIssIoN

(0 The Commission shall not lease or license any available landuntil it is registered under the provisions of Chapter 29 of this Title(Land Title Registration Law).

(g) The Commission shall utilize Lot No. 382-Ri, Inarajan.containing an area of 304.76 acres and being Chamorro Homelands,only for affordable housing

SOURCE: GC § 13504 repealed and reenacted by P.L. 12-226. Subsection (g) addedby P.L. 22-18:6.

§ 75106. Other Officers Not to Control Chamorro Homelands;Exception.

The powers and duties of the Governor and the department withrespect to lands of the territory shall not extend to lands having the status ofChamorro homelands except as specifically provided for in this Chapter.

SOURCE: GC § 13505 repealed and reenacted by P.L. 12-226.

§ 75107. Leases to Chamorro, Licenses.

(a) The Commission is authorized to lease to native Chamorros theright to the use and occupancy of a tract or tracts of Chamorro homelandswithin the following acreage limits per each lessee:

(1) not less than one quarter (0.25) acre, nor more than one half(0.50) acre for subsistence agricultural or aquaculture farming;

(2) not less than one half (0.50) acre, nor more than twenty (20)acres for commercial agricultural or aquaculture use;

(3) not less than one (I) acre, nor more than twenty (20) acres forgrazing use; and

(4) not more than one (I) acre for any class of land to be used as aresidential lot.

(b) The title to lands so leased shall remain in the territory.Applications for tracts shall be made to and granted by the Commissionunder such regulations, not in conflict with any provision of this Chapter, asthe Commission may’ prescribe. The Commission shall, whenever tracts areavailable, enter into such a lease with any applicant who, in the opinion ofthe Commission, is qualified to perform the conditions of such lease.

(c) The Commission is authorized to grant licenses for terms of not toexceed twenty-one (21) years in each case, to public utility companies, orcorporations as telephone lines, electric power and light lines, gas mains.

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Doc. No. 33GL-16-1388

11:38AM Chamorro Land Trust Commission02118/16

AIR Aging SummaryAs of February 18, 2016

1-30 31-60 61-90 >90 TOTAL

3669 Arlzola, Jose & Annie (UMA21II) 0.00 0.00 0.00 1800.54 1,800.54

Agfayan, inc. 3500.00 0.00 0.00 6,500.00 10,000.00

Evelyn Store 26.00 26.00 26.00 52.00 130.00

Guam Broadcast Partners 896.09 0.00 0.00 41,313.26 42,209.35

Guam Municipal Golf Course 21,858.25 0.00 0.00 0.00 21,858.25

Guam Racing Federation -120.00 0.00 0.00 0.00 -120.00

Guam Resource Recovery Partners 4,400.00 4,400.00 4,400.00 107,650.00 120,850.00

I T & E Guam 769.66 0.00 0.00 0.00 769.68

CONNECT 1,039.08 1,039.08 0.00 0.00 2,076.16

Johnny Cool Towing 120.24 0.00 0.00 0.00 120.24

TOTAL 32,489.34 5,465.08 4,426.00 157,315.80 199,696.22

Page 1 of 1

Doc. No. 33GL-16-1388

0Chamorro Land Trust Commission

January 2016 Revenue Collection Report

0

Date PUS Receipt N Account No. Account Name Amount Name

(_- 1/8/2026 2216036208 3624-52101 Application Fee $50.00 Ana M. Mesa1/8/2016 2216036628 3624-52101 Application Fee $50.00 David Cepeda Martinez1/8/2016 2216036628 3624-52101 Application Fee $50.00 Dolores Fejeran Chargualaf

1/27/2016 DLM16014625 3624-52101 Application Fee $50.00 Justin Mafnas Siguenza1/28/2016 2216044388 3624-52101 Application Fee $50.OolManuel Allan Chaco

1/28/2016 2216044386 3624-52101 Application Fee $50.00 Manuel Allan Chaco

1/28/2016 2216044389 3624-52101 Application Fee $50.00 Ronald Duenas Chaco1/28/2016 2216044390 3624-52101 Application Fee $50.00 Ronald Duenas chaco

1/29/2016 0LM16014693 3624-52101 Application Fee $50.00Jesus Lizama TenorioTotal: $450.00

1/6/2016 2216035120 3624-54201 commercial License $1,335.51 US Postal Service1/12/2016 2216037655 3624-54201 commercial License $850.00 Maycom1/12/2016 2216037658 3624-54201 commercial License $1,592.70 Docomo Pacific

1/13/2016 221638424 3624-54201 Commercial License $1,348.68 KM Broadcasting of Guam, LLc.1/20/2016 2216040985 3624-54201 Commercial License $1,090.05 Sorensen Pacific Broadcasting

1/20/2016 2216041005 3624-54201 Commercial License $5,000.00 Agfayan, Inc.1/21/2016 2216041449 3624-54201 Commercial License $351,900.00 GTA Teleguam

1/22/2016 DLM16014613 3624-54201 Commercial License $3,630.00 Guam Racing Federation1/22/2016 DLM16014614 3624-54201 Commercial License $5,966.10 Hawaiian Rack Products

1/22/2016 2216041833 3624-54201 Commercial License $21,858.25 Guam International Country Club2/28/2016 0LM16014651 3624-54202 Commercial license $1,039.08 Choice Phone, LIC

t Total: $395,610.37:

Grand Total: $416,656.15

1/6/20161/8/2016

1/19/20161/20/20161/20/20162/20/20161/21/2016

1/5/20161/11/20161/15/20161/15/20161/19/20161/19/20161/20/20 161/25/20161/26/20151/26/2016

2216035510221603629422160388002216040814221604081122160408DB2216041663

DLM16O14SSSDLM16014565DLM 16014584DLM 16014585DLM 15014587DLM 16014589DLM 16014590DLM 160146162226043320

3624-542023624-542023624-542023624-542023624-542023624-542023624-54202

3669-570013669-570013669-570013669-570013669-570013669-570013669-570013669-570013669-57002

2216043322 3669-57001

Land LeaseLand LeaseLand Lease

$99.00Patrick Quintanilla Mendiola$2.00!Maeann F. Cruz

$4.00 Christine Marie Yoshida QuituguaLand Lease $20.00Land LeaseLand LeaseLand Lease

Total:

$20.00$13.00

CLT- Sale of Govt LandCLT- Sale of Govt LandCLT- Sale of Govt LandCLT- Sale of Govt LandCLT- Sale of Govt LandCLT- Sale of Govt LandCLT- Sale of Govt LandCLI- Sale of Govt LandCU- Sale of Govt LandCLT- Sale of Govt Land

Total:

$79.00$237.00

$75.00$4,725.00$2,230.60$2,521.24$4,573.75$2,625.56$1,509.77$1,982.85

$40.00

Donna Buena WoodromeBrenda Bueno TaisacanSheila E,8. SimsRichard George Paloma

Benjamin & Evangeline Muna (PIGO33)Our Lady of Peace Memorial Plan, Inc.Emily Rosadino (lJA299)Michael J. Meno (1iA271)Anthony G. & Antonio Tainatongo (PIGO2S)William Mantanona (TALO41)Ronny and April Barcinas (P1G042)Frank P.Jr. Diego (lJA218)Annie Arizola IVMA211I)

$75,00IAnnie Arizola (UMA2111)$20,358.78:

Doc. No. 33GL-16-1388

February 18, 2016

Written Comments Submitted

Doc. No. 33GL-16-1388

NAP. 0. Box 216363

GMF, Barrigada, Guam 96921

Tel: 637-5894/ 482-6610

February 17, 2016

Chamorro Land Trust CommissionKumision Inangokkon Tano’ChamorroP. 0. Box 2950

Hagatfla, Guam 96932ITC Building671-475-4251

Dear Commissioners:

As Maga’Lahi and Maga’haga of the Nasion Chamoru, and on behalf of the Tribunal Council,members-at-large of the Nasion Chamoru, and other concerned citizens, we would like to conveyto you that we maintain our stance against the outright usage of óoo acres for commercial use.

While there is a purpose, as you have publicly described, the reasons do not equate the sizeableamount of property you would like to turn into commercial lots. We wanted these lands to beused solely for housing our many displaced indigenous Chamorros, as many as 8,ooo, still awaitplacement. Aiready, there is a problem around Guam, notably sewage, water and power thathave yet to be addressed on existing commercial buildings.

Our people must line up to individually apply for land, so too must these commercial businessapplicants. They may ask for a small amount and see if the Commission can screen eachcommercial individual’s request, but to just outright give them randomly 6oo acres? This is soludicrous! This example of land-taking equates the condemnation of property that the militarydid to us years ago! These lands belong to the People of Guam; let us not make a fiasco of whatwe must protect.

We hope that you can listen to our plea and decide logically that our indigenous Chamorro folkscome first and not a myriad of businessmen who look to Guam as moneymaking projects fortheir pockets!

Saina Ma’asi,

Danny N. ac n(Pagat)Maga’ LaM asion Chamoru

enne Mores McCollumMaha’haga gi Nasion Chamoru

Chamorro land Trust rmmj!ti?g(Mum/skin !nançvkkon TaW CAwin’)

FEB

RECEIVED BY: TIME: ‘—f 4

Doc. No. 33GL-16-1388

MASION CHAMOReP. 0. Box 218363

GMF, Barrigada, Guam 96921Tel: 637-5894/ 482-6610/488-6662

February 17, 2016

Chamorro Land Trust CommissionKumision Inangolikon Tano ‘lhanwrroP. 0. Box 2950Hagatfia, Guam 96932ITC Building671-4754251

Dear Commissioners:

As Maga’Lahi and Maga’haga of the Nasion Chamom, and on behalf of the Tribunal Council, members-at-large of theNasion Chamorn, and other concerned citizens, we would like to convey to you that we have concerns that we wouldlike to address:

• Mike Boija is not Chamorro Land Trust Commission’s Boss. Commissioners, you are the Boss over MikeBoija. He may bring up ideas but his word is not final. Your upmost responsibility is to protect the Trust, itsRules and Regulations, History, the indigenous Chamoros —the reasons for its creation.

• All properties under CLTC should be screened for Original Land Owners. Since CLTC, GALC andDepartment of Land Management are under one umbrella, the information should be readily available. Once adiscovery is made, then GALC should be informed and proceedings should follow in the return of theseproperties to the Original Land Owner or their heirs. The Law creating GALC encompasses lands underGovernment of Guam. One of these properties is Oka Point. The Original Land Owner is Frank Perez.

• Oka Point Carnival. Now why would we want to relocate the carnival to Oka Point? Why fix something thatwasn’t broken? I believe there is another underlying scheme to open Oka Point where the old hospital used tobe, as an opportunity to hold it for the impending plans for commercial use. Holding events near GuamMemorial Hospital can infringe the emergency access.

• Digging for natural minerals? Who will benefit? Is there an Environmental Impact Statement on the matter?

• What is the total number of acreage available under CLTC? How much was leased for commercial use? Howmuch money is outstanding, especially for property in Santa Rita under the Guam Resource RecoveryPartners? Please list accounts receivable. When can we have this information?

We hope that you have the People of Guam’s interests at heart and are truly studying the effects that you are leavingbehind for our children.

naMa’asi.

— TM:fanny H. acks agat) Catherine Flores McCollum (NihWXoL1btk1 TsWsq’4J

Maga’ Lahi gi Nasion Chamorn Maha’haga gi Nasion Chamoru .4 —

FEB

RECEIVED BY: 41 TIME: PI

Doc. No. 33GL-16-1388

Social Work Student AllianceDivision of Social Work, House #31 Dean’s Circle

UOG Station, University of Guam 96923

February 18.2016

Commission Board MembersChamorro Land Trust Commision

Dear Chamorro Land Trust Board Members,

I am a concerned citizen of Guam, President of the Social Work Student Allinaee and currently aresident of Tamuning. Last month, the vote on CLTC Proposed Commercial Lots was delayed. Iwant to express my concern along with hundreds of constituents that there is still a vote plannedfor today (according to the website agenda). The only public hearing that was available was heldin Dededo, but there were no other public hearings in the proposed villages. I kindly as that youreconsider making the decision to approve the proposed commercial properties until furtherpublic hearings have been done. I believe that public engagement required by the law is meantto in forni and guide the decision making body in moving forward. It is not simply anengagement to meet the requirements of the law. I strongly propose that public hearings shouldbe scheduled in every village with lots that might be affected with ample notice given for thesehearings before proceeding with the resolution to approve.

I would also like to request that the commissioners consider alternative financialmanagement tools for the trust and less environmentally harmful alternatives tograding/quarrying of the limestone cliffs. One example is that one of these lots (Lajuna) is over400 acres (I 2x the size of the Micronesia Mall’s 32 acres) and is recommended for mineralextraction (quarrying) of the finest aggregate on Guam. (The Director of Land Managementrecently announced that the Lajuna property is temporarily on hold pending resolution of aprocurement protest by a company who claims to already have a commercial lease with CLTCdespite the prior moratorium on commercial leases.)

On Behall of the Social Work Student Alliance, we oppose the Chamorro LandTrust Commission’s resolution to approve the proposed commercial properties untilpublic hearings have been conducted in those villages where CLTC has proposed andidentified commercial leasing property. Thank you for allowing me to testify and voice ourconcerns before you today.

E-Mail Contact Information:The Social Work Student AlLianceJanniea Quintanilla, President: iannica.guintanilla(ZImai1.com

Doc. No. 33GL-16-1388

Social Work Student AllianceDivision of Social Work, 1-louse #31 Dean’s Circle

UOG station, University of Guam 96923

CHAMORRO HOMELANDS IN NEED OF PROTECTEONGinen I Tano’, Para I Tano

“People of the Land for the Land of the People”

Buenasyan hafa adal to all honorable commissioners of the Chamorro Land Trust,.Joseph I. Cruz, Pascual Sablan, andAmanda Santos before us today:

My name is Angel Michelle Gutierrez I am a resident from the village of Yigo. I am writing

in regards to the commercial leasing of Chamoru Land Trust properties. As a concerned

citizen who will be affected by the decision to approve the leasing, I am requesting that the

CLTC conduct public hearings in all villages where CLTC land parcels have been identified.

I believe that the decision of such an important matter should include the voices of all those

who will be directly affected. That said, the community of Guam, the people of our island,

the people who call this home and wish for it to continue to be home for generations to come,

we need to have our voices heard and we need to informed of the intentions of the CLTC.

I am requesting that public meetings be announced via newspapers, radio stations, and social

media. I am requesting that it be held at a time that the general public should be able to attend

rather than 1PM on a weekday. On January 3, Michael Borja referenced the following link

hap://dlm.guam.gov/wp-contenUuploads/20 15/12/201 5Oct_CLTC_Proposed_Commercial_L

otsv2.pdf as the proposed lots being publicly heard on Jan 19.1 kindly ask that the

commission update this list of proposed land to inform those unable to attend meetings.

ICon Respectu,

Antel Michelle Gutierrez

Doc. No. 33GL-16-1388

SociaJ Work Student AllianceDivision of Social Work, House #31 Dean’s Circle

UOG station, University of Guam 96923

CHAMORRO HOMELANDS IN NEED OF PROTECTIONGinen I Tano’, Para I Tano

“People of the Land for the Land of the People”

Buenasyan hafa adai to all honorable commissioners of the Chamorro Land Trust,Joseph L Cruz, Pascual Sablan, and Amanda Santos before us today:

This testimony is presented on behalf of the Social Work Student Alliance

(SWSA) of the University of Guam, SWSA thanks you for this opportunity to

advocate for the postponement of the commission to vote on the properties to be

deemed “not necessary” for residential or agriculture use and thus available for

commercial use.

My name is Tyrone Leones and I am a senior in the social work program. We

respectfully request that the commission vote “No” on the proposed list. As concerned

citizens, we are requesting that the commissioners hold separate public hearings on each

property, and at least one hearing in the villages where each properties is located, in

regards to commercial properties listed. The voices of the people deserve to be heard,

especially where these specific lands are located. A voting system for those in favor of

agreeing or opposing should be taken into account. We believe that there are other

alternative financial management tools for the trust and promote environmenEal harmful

alternatives to quarrying of the lime stone cliffs.

Doc. No. 33GL-16-1388

Luke DuenasSocial Work Student Alliance

Division of Social Work, House #31 Dean’s CircleUOG Station, University of Guam 96923

February 18, 2016

Commission Board MembersChamorro Land Trust Commision

Dear Chamoro Land Trust Board Members,

On behalf of the Social Work Student Alliance(SWSA) The vote on CLTC Proposed

Commercial Lots needs to be delayed. I express my concern along with hundreds of constituents

that there is still a vote planned for today (according to the website agenda). The feedback from

public engagement required by the law is meant to inform and guide the decision making body in

moving forward. It is not simply an engagement to meet the requirements of the law.

Considering the response of constiwents and and the request of Senator Tom Ada, we echo his

sentiment that prior to voting on this proposal, public hearings should be scheduled in every

village with lots that might be affected with ample notice given for these hcadngs.

uenaø

Doc. No. 33GL-16-1388

Social Work Student AllianceDivision of Social Work, House #31 Dean’s Circle

UOG Station, University of Guam 96923

Oppose Resolution to Approve ProposedCommercial Properties

FromSocial Work Student Alliance (SWSA)

Testimony delivered by:Kaylee Terlaje

Buenas van Ha/h Adai to all Chamorro Land Trust Commission members:

This testimony is presented on behalf of the Social Work Student Alliance

(SWSA) of the University of Guam. SWSA thanks you for this opportunity to

advocate for the postponement of voting on the properties that are being considered

for corn mercial leasing.

My name is Kaylee Terlaje and I am a senior in the Social Work Program. I

respectfully request that the commission postpone the decision to vote on the properties

being considered for commercial teasing until public hearings are held in the villages

where each property is located. I believe that the public deserves to know what possibly

could happen to the land around them if it leased to outside businesses, especially if those

businesses plan on using destructive measures to mine the property. It is also important

for the commission to listen to the voices of the people who will be most affected. As a

resident of Guam. I believe it is important that the commission members listen to the

concerns of the people before making a decision that will possibly affect us for time to

come. Thank you.

Sincerely,

Kaylee Terlaje

E-Mail Contact Information:

The Social Work Student AllianceKaylee Terlaje kay1eeterlajegmai1.com

Doc. No. 33GL-16-1388

To Commissioners:Joseph I. CruzPascual SablanAmanda Santos

Beunas and Hafa Adai.

My name is Kimberly Graham, I am a Social Work Student currentlyresiding in Mangilao and I am in full support of hosting public hearings ineach village where these properties are listed (including Yigo, Tamuning,Santa Rita, and Mangilao)

Last month, the vote on CLTC Proposed Commercial Lots was delayed. Iwant to express my concern along with hundreds of constituents that there isstill a vote planned for today (according to the website agenda). Thefeedback from public engagement required by the law is meant to informand guide the decision making body in moving forward. It is not simply anengagement to meet the requirements of the law. Considering the responseof constituents and the request of Senator Tom Ada, we echo his sentimentthat prior to voting on this proposal, public hearings should be scheduled inevery village with lots that might be affected with ample notice given forthese hearings.

Of additional concern is the carnival at Oka Point which seems to have beenhandled differently than a commercial lease would be handled, even thoughcommercial activities would be taking place on the lot.

Respectfully,erlG

Doc. No. 33GL-16-1388

Social Work Student AllianceDivision of Social Work, House #31 Dean’s Circle

UOG station, University of Guam 96923

CHAMORRO HOMELANDS IN NEED OF PROTECTIONGinen I Tano’, Para I Tano

“People of the Land for the Land of the People”

Buenas yan hafa adai to all honorable commissioners of the Chamorro Land Trust,Joseph L Cruz, Pascual Sablan, and Amanda Santos before us today:

18 February 2016

Last month, the vote on CLTC Proposed Commercial Lots was delayed. I would like to share myconcern along with many of constituents that there is still a vote planned for today. The feedback frompublic engagement required by the law is meant to inform and guide the decision making body inmoving forward. It is not simply an engagement to meet the requirements of the law. Please look at ourneighboring Islands. Look at their situation now with their land trust agreemenUlease, do we want thesame for our own children and ourselves? We can see some of the issues such as older adults losingtheir homes, their lands in this new commercial land lease that they are not fully informed of how realor the real extent to the lease agreement.

Please take more time in education the public on this matter before making a decision. The people ofthe respected villages need to learn more of the reality of this lease agreement.

Kind regards,

Doc. No. 33GL-16-1388

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Doc. No. 33GL-16-1388

February 18,2016

To Commissioners:

Joseph 1. CmzPascual SablanAmanda Santos

Buenus and Hafa Adai:

My name is Vera Ferrara and I am a University of Guam student currently residing in Dededo.To my understanding, The Chamono Land Trust Commission proposed that 600 acres beremoved from the residential use despite that 8,000 applications have been waiting for residentialor agricultural property since 1995.

Last month, the vote on CLTC Proposed Commercial Lots was delayed. I want to express myconcern along with hundreds of constituents that there is still a vote planned for today (accordingto the website agenda). The feedback from public engagement required by the law is meant toinform and guide the decision making body in moving forward. It is not simply an engagementto meet the requirements of the law. Considering the response of constituents and the request ofSenator Tom Ada, we echo his sentiment that prior to voting on this proposal, public hearingsshould be scheduled in every village with lots that might be affected with ample notice given forthese hearings. Can you advise on whether this issue will be voted on today, in spite of publicconcern?

Of additional concern is the carnival at Oka Point which seems to have been handled differentlythan a commercial lease would be handled, even though commercial activities would be takingplace on the lot. Can you advise on whether this is also an item that will be voted on today?

NA Con7med Citizen,

Doc. No. 33GL-16-1388

February 18,2016

Hafa Adai Director Borja and Board Members:

Last month, the vote on CLTC Proposed Commercial Lots was delayed. I want to express myconcern along with many constituents that there is still a vote planned for today February 18,2016 (according to the website agenda). The feedback from public engagement required by lawis meant to inform and guide the three commission board members in moving forward. It is notsimply an engagement to meet the requirements of the law. Considering the response ofconstituents and the request of Senator Tom Ada, we echo his sentiment that prior to voting onthis proposal, public hearings should be scheduled in every village with many that might beaffected with ample notice given for these hearings. Can you advise on whether this issue will bevoted on today, in spite of the public’s concern?

Of additional concern is the carnival at Oka Point which seems to have been handled differentlythan a commercial lease would be handled, even though commercial activities would be takingplace on the lot. Can you advise on whether this is also an item that will be voted on today?

espectlly,

Joaquin Mufla

Doc. No. 33GL-16-1388

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Doc. No. 33GL-16-1388

February 18, 2016

Hafa Adai Director Borja and Board Members,

I write to you today in opposition of the leasing of Chamorro Land Trust Commission land for

commercial use. I urge you to vote ‘no’ on the proposed list for commercial use. If considering

commercial leases, I ask you to hold separate public hearings on each property, and at least one

hearing in the village the property is located.

Please consider alternative financial management tools for the trust and less environmentally

harmful alternatives to grading/quarrying of the limestone cliffs. One of these lots (Lajuna) is

over 400 acres, or 12x (lie size of (lie Micronesia Mall’s 32 acres, and recommended for mineral

extraction (quarrying) of the finest aggregate on Guam. One of the other lots on the list is the 87

acres in Santa Rita formerly licensed to GRRP for an incinerator-waste facility. Alupat Island (in

Alupang Cove) is also on the list.

The preservation of our precious land is of great importance; therefore your consideration on this

matter is very much appreciated.

S

LCSW

Doc. No. 33GL-16-1388

Social Work Student AllianceDivision of Social Work, House #31 Dean’s Circle

UOG station, University of Guam 96923

CHAMORRO HOMELANDS IN NEED OF PROTECTIONGinen I Tano’, Para I Tano

“People of the Land for the Land of the People”

Buenas yan hafa adai to all honorable commissioners ofthe Chamorro Land Trust,Joseph L Cruz, Pascual Sablan, and Amanda Santos before us today:

On behalf of the Social Work Student Alliance (SWSA) at the University of Guam, we

write this testimony in favor of postponing the voting on the list of properties deemed

“not necessary” for residential or agricultural use. Before making a decision that can

impact many people, we believe that the Chamorro Land Trust Commissioners should

schedule a public hearing in every’ village with the many people who are being affected.

They deserve a voice on this issue and it seems only fair to give them just that.

Also, instead of using these properties for commercial use that are deemed “not

necessary” for agricultural use, we should produce other options that can benefit the

individuals entitled to the Chamorro Land Trust. Such options can include using the

properties for hydroponic farming or as a tilapia farm. Hydroponic farming is a method

of growing plants using mineral nutrient solutions, in water, without soil. By using these

properties for the above mentioned suggestions, we are able to promote local farming for

our people.

SWSA would like to thank you for allowing us the opportunity to voice our opinions on

this issue. Your favorable consideration in this matter is greatly appreciated.

Ve Res ctffilly,

Chelsea Tedtaotao, UOG BSW Student

Doc. No. 33GL-16-1388

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Doc. No. 33GL-16-1388

Social Work Student AllianceDivision of Social Work, House #31 Dean’s Circle

UOG station, University of Guam 96923

CHAMORRO HOMELANDS IN NEED OF PROTECTIONGinen I Tano’, Para I Tano

“People of the Land for the Land of the People”

February 18, 2016

Buenas yan hafa adai to all honorable commissioners of the Chaniorro Land Trust, .Joseph I.

Cruz, Pascual Sablan, and Ananda Santos before us today:

As an indigenous Chamorro woman, a member of the University of Guam Social Work

Student Alliance, and a resident of Guahan and the village of Yigo, I am asking you today to

postpone the voting of the properties to be deemed ‘not necessary” for residential or agricultural

use. I ask you to support the following residents of Yigo, Mangilao, Tamuning, and Santa Rita

by hosting public hearings in each village.

By postponing this vote today and hosting public hearings, you are taking the time to hear

the people of Guahan. Please take the time to consider the detrimental repercussions of the

commercial leases and consider alternative financial management tools for the trust and less

environmentally harmful alternatives to grading/quarrying of the limestone cliffs. Si yu’us

ma’ ase.

Kon Respetu,

Mikaila San Nicolas

Doc. No. 33GL-16-1388

February 18, 2016

Mr. Michael BorjaDirectorChamorro Land Trust Commission

I am submitting testimony in opposition to the proposed leasing of Chamorro Land Trust Commissionproperties, in the villages of Vigo, Santa Rita, Tamuning, and Mangilao, for commercial purposes.

A major reason for my opposition is that the existing commercially leased properties are currently inarrears, and this is evidence that the proposed program defeats the purpose of raising revenue for theCLTC/Government of Guam.

Also, before any final decisions are made, public hearings should be held in these villages for concernedresidents.

With regard to the review and approval of the proposed commercial leases by the Commissioners of theCLTC, even though the Commission has a quorum, it is my belief that the current number of only threemembers are not sufficiently representative of the views of the community, and that no less than a fullCommission of five members be involved in decisions related to the use of properties under the CLTC.

Submitted by:

Josita P. Harris

Doc. No. 33GL-16-1388

February 18, 2016

Buenas yan hafa adai to all honorable commissioners of (lie Chamorro Land Trust, Joseph I.

Cruz, Pascual Sablan, and Ananda Santos before us today:

I am writing to you today, in support of postponing the vote for the properties to be

deemed not “necessary.” As a local Chamorro woman, I ask for your support in hosting village

events, so that the people of Guam are made aware of the issue at hand. I would like to

“Ask that the commissioners, if considering commercial leases, hold separate public

hearings on each property, and at least one hearing in the village where each property is

located. Ask the commissioners to consider alternative financial management tools for

the trust and less environmentally harmful alternatives to grading/quarrying of the

limestone cliffs”

Thank you for your consideration,

Sandy

Doc. No. 33GL-16-1388

February 18, 2016

Chamorro Land Trust Commission(Kumision Tnangokkon Tano’ Chamoru)P.O. Box 2950 Hagâtña, Guähan 96932Phone: 649-5263 ext. 435 Fax: 649-5383

Commission Members:

Joseph I. CruzPascual SablanAmanda Santos

I want to express my concern along with hundreds of constituents about the vote onCLTC Proposed Commercial Lots. Before making a decision, I urge you to hold separate publichearings on each property, and at least one hearing in the village where each property is locatedwith ample notice given for these hearings. While many expressed opposition to trust propertybeing designated for commercial use, there were also many concerns that there was insufficientpublic notification, participation and consultation as well as accessibility with only one publichearing taking place in Dededo. CLTC’s proposal involves 600 acres be removed fromresidential use despite the 8,000 applicants waiting for residential or agricultural property since1995. The feedback from public engagement required by the law is meant to inform and guidethe decision making body in moving forward.

One of the properties recommended for commercial lease, Lajuna, is over 400 acres (1 2xthe size of the Micronesia Mall’s 32 acres) and is recommended for mineral extraction of thefinest aggregate on Guam. The impact of this coming to fruition will result in a fatal loss ofcultural property and land for the people of Guam. I also ask that you consider alternativefinancial management tools for the trust and less environmentally harmful alternatives tograding/quarrying of the limestone cliffs. In summary, I ask that you vote “no” on the proposedcommercial properties and truly live up to you mission to “advance the social, cultural andeconomic development and well-being of the Chamorro people by way of residential,agricultural and commercial land distribution and economic assistance programs.”

Sinceramente,

/ SlWorkStudentAlliance,Member

Doc. No. 33GL-16-1388

BARBARA S.N. BENAVENTE

287w. San Antonio Avenue

Dededo, Guam 96929-5209

February 18, 2016

Dear Chamorro Land Trust Commissioners:

I respectfully write this letter to you, to ask that you not take any official votes today, or any

other day, on the list of properties that The Chamorro Land Trust Commission deems “not

necessary” for residential or agricultural use, UNTIL the CLTC Commission commits to and

hosts village-based meetings with community members to solicit comments, concerns and

recommendations on what they believe is in the best interest of beneficiaries under the CLT

Act.

It is of great concern to me and other Chamorros that the implementation of the CLTC Act is not

being fully implemented a it is intended. The CLTC Ad’s mission is to advance the well-being

of the Chamorro people by way of equitable land distribution.

It is my understanding that CLTC proposes that 600 acres be removed from residential use,despite the 8,000 applicants waiting for residential or agricultural property since 1995. If this isfactual, how can this be justified? Whether the wait list of applicants is 8,000 or 800 or 80, it isthe CLTC Commission’s mandate to act exclusively in the best interest of beneficiaries underthe CLTC Act; to hold and protect trust property for its beneficiaries; to maintain and upholdfiduciary responsibilities ofthe Trust; to exercise due care and diligence in the management ofChamorro Homelands.

I am a Chamorro woman. Guam is home for me, my husband, our children and grandchildrenand many extended family members. And so, I have a personal stake in the issues of land andother resources that the Chamorro people have a right to protect, to access, to use now and in thefuture.

I was a government servant for over thirty-six years with the Department of Mental Health andSubstance Abuse (now known as the Guam Behavioral Health and Wellness Center) and thus Ihave had many years of human services experience working with individuals, families andleaders in Guam. It was my responsibility, as it is yours, to be mindful of the work decisions

made with respect to its direct impact on people (and their lives) you/we have been

Doc. No. 33GL-16-1388

entrusted and obligated to serve. The responsibilities I had, and you have is to facilitate thesocial, cultural and economic well-being of the Chamorro people.

It is my perception and experience that historically our Chamono families have had little to novoice in the establishment and enforcement of federal policies to protect our natural resourcesand rights and interests as Chamono people. This should never be the case with Guam laws.We must feel confident that we can count on each other, our own people, to be genuinelyrespectfiil and inclusive in a decision-making process.

So I ask that the needs of the CLTC beneficiaries/families be served first and foremost andcertainly over any proposed commercial use of CLTC property. I ask that decisions bemade only after affording the beneficiaries and other community stakeholders, ongoingopportunities to meet and discuss the land issues and concerns with the CLTC. I ask thatyou officially represent and support to the fullest, the sentiments of the CLTC beneficiaries- the Chamorro people - as you carry out your official responsibilities with due diligence; andthat you do this until such time that all eligible applicants are served, and that there are no moreindividuals/families waitlisted for residential or agricultural land applications.

Sincerely,

Barbara S3’[ Benavente

BARBARA S.N. BENAVENTE

bbena(teleguam.net

Doc. No. 33GL-16-1388