2007-02-12 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Hilo Mtg)

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because he has to let people know that it is on a County list for purchasing. Ms. Self stated Mr. Vitousek mentioned there was a very good case law on this and he felt that he would have won if he had gone to court. Mr. Vitousek also stated to Ms. Self that he had lots of clients that want to donate properties, however, they may think twice about donating once they see their property on the list. Mr. Gilmartin asked if Corporation Counsel could develop the letter that would go to the property owners. Mr. Yung stated at the Honoka` a meeting, there was concern that the owners wouldn't know their property was on the list. If their land was being considered, they want to be notified and would want to know who put their land on this list. Ms. Self stated the Commission could have a courtesy type notice letter that goes out when the Commission has the final properties picked out. Mr. Gilmartin stated if there was a potential problem, the property owners should be able to sign off on something that comes back to the Committee and says, "we are okay with it" or "we're not okay with if' to formalize their response. Ms. Self stated she would have the Commission review it. It would have to be adopted as a rule and it would become procedure to the Commission. The Commission would have to work on a system on when this letter would be sent out and who's going to contact the people. Furthermore, there needs to be another letter since we already have properties on the list, letting the owners know that their property is on a County list and if they have a problem with it to please let us know. Ms. Self stated we may have to have a public hearing for rule adoption because we are dealing with the public. CHAIRPERSON'S REPORT Thanks to Stacie Waltj en for putting the list together. It was sent on the 27th of December, so the Mayor has 60 days in which to transmit his list to the County Council. Mr. Kaneshiro thanked Ms. Self for bringing up the notification letters; it would be out of courtesy to do it. Mr. Kaneshiro stated to he hoped to get that fixed and get it moving. The Commission missed one meeting so they need to move ahead and start setting up outreach and public meetings. The commission needs to get their schedules set up at this meeting because we need to get our report in before the 31st of December. Mr. Gilmartin asked if we were short two Commissioners. Mr. Kaneshiro confirmed his question. Ms. Self stated they have been reviewing the list of applications and have already sent it to the Mayor; it shouldn't take too much longer.