2006-09-11 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Kona Mtg)

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noticed that Kauai has half %, could you tell us about the reaction from the public and the reaction from the Commissioners. Ms. Blaich stated their Ordinances differ in that they were created by a Charter Ordinance which 74% of the public voted to set aside a minimum of half a percent of property tax, the other interesting difference was their fund couldn't be raided; it's a permanent fund. Ms. Blaich stated in contrast to the Hawaii County where the Council used tax monies to endow the Commission with 5 million dollars as their beginning operating fund. Ms. Blaich stated in their third year of operation, they only have approximately 1. 15 million in their fund which leaves their Commission with a constant feeling of what can they do; they see rising property values. Ms. Blaich stated even to look at a situation where they maybe an eminent domain action and they see the shear legal costs however it does say minimum and their Council was clear with them; should there be a very desirable opportunity they can add an unlimited amount of money into the fund. Ms. Blaich stated in response to the issue of public support, it was very strong. They had contemplated whether they would have the same degree of public support if they suggested raising the percentage of the property tax. Mr. Caylor stated he believed it was three years of appropriation from their property tax so it gives you some indication of how slowly their fund grows. This past year they received shy of four hundred thousand dollars in their fund and that rate they can't buy a whole lot but as Beryl indicated, they can appropriate more money should they choose to do so. Ms. Garovoy asked if there has been any acquisition as a result of the Commission's work. Mr. Caylor stated not yet however they were working on their first and it's proving to be a challenge; they are not a willing seller. It's a highly desired beach access and it would probably go through condemnation. Ms. Blaich stated if the Commission read their report, there were a lot of attention to what they called "opala" issues or issues where access, particularly beach access had been lost. These were thought to be legally in the domain of the County. Ms. Blaich stated the little easement they were looking at acquiring was to provide beach access to an area that will have a large population growth and doesn't have any access but unfortunately, it is right across someone's property in a residential neighborhood. One of the reasons why this particular one was chosen was that a development agreement with the large project going in the area allotted a certain amount of money to open space acquisition and access. Ms. Blaich stated the feeling was that they could leverage what little they had with this money that was being committed by the developer. Ms. Walker asked whether they were able to partner with different agencies to purchase properties and how successful they were. M