2007-05-14 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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list to submit to the Mayor. Ms. Self stated for the properties already on the list, it would take an Ordinance to change. This Commission doesn't have any authority once it goes to the Mayor. Ms. Self stated it would be up to the Council to make a change to the Ordinance. Ms. Self stated she has no problem with this Commission sending a letter to the landowners prior to finalizing their list to the Mayor, explaining what this list was and if they had any objections to call. Ms. Self stated the problem was how to deal with the list that's already published. Ms. Self stated she had already received a phone call from an attorney whose client's property was on the existing list. He wasn't threatening a lawsuit but wondered if they would condemn her property if she doesn't accept the offer. Ms. Self stated she told the attorney that she was not able to answer that because she doesn't know what the Council would do; only the Council can authorize condemnation. Mr. Yada stated if you look at the ordinance he didn't think it was written around a concept of condemning property; he thinks it's written around negotiating a sale. Mr. Yada stated in this situation, having someone's property on the list where they are unwilling to sell, it is pointless unless the County was willing to take it to the point of condemnation and no where in the Ordinance does he see that written. Mr. Gilmartin stated that was the point he was going to make. Mr. Gilmartin stated it's worth making the inquiry if the landowners want their property on the list. There was also the question of whether or not they would consider selling. If they don't want to sell their property, then this Commission shouldn't put it on the list. Mr. Gilmartin stated it would just take up space where another property could be listed as a higher priority. Ms. Springer asked Mr. Gilmartin if he was anticipating some sort of outreach to property owners whose properties was on the list prior to our submittal. Mr. Gilmartin stated yes. Mr. Kaneshiro stated he was sure there were going to be a whole bunch of resubmissions. He believed the letter should be written asking the landowners if they had any objections of their property being on the list. Mr. Kaneshiro stated he didn't think the Commission should mention acquisition or anything else. Mr. Kaneshiro stated the landowner might want to donate his property. Ms. Self stated before this Commission thinks about doing a letter, we should wait and see what kind of submissions we get. Ms. Self stated this Commission may not have to write a letter. • Mailing database Stacie Waltj en stated she sent out 190 letters last week. That included the notice and the new suggestion form. She said she didn't receive anything back. 10