2007-06-12 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Hilo Mtg)

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Ms. Garcia stated but it was not being protected as they could be. Mr. Yada stated the laws were pretty strict and subject to fairly significant penalties. Mr. Yada sated they are protected and he didn't know if ownership necessary affects that. Ms. Garcia stated by having a County Park surrounding these sites, instead of them being in the bushes or surrounded by development, at least they would have a bit more protection. Ms. Schuster stated it's through the permit process that they are brought to the attention of the Planning Department. You can't get a permit unless you're particularly in a coastal area and that's when the coastal zone management is triggered. Ms. Garcia stated she sees sites run over all the time by development. Ms. Schuster stated that it doesn't prevent it from happening but it is the process that brings it to the attention of the State Historic Preservation office. Ms. Self stated if they don't go in for entitlement, they could do anything. They could destroy it if they want. Unless they come in for entitlement, they have to do the archeological survey. Ms. Schuster stated even that does not protect it because of private property rights and that would be the priority. Ms. Springer stated this Commission was not an enforcement agency. There are Federal and State provisions in the County Planning Process, which provide for the review of sites, like what we are discussing today. Ms. Springer asked what could be done to help this Commission and the County Council do their collective work in an organized fashion. Ms. Self replied that there is no guidance in the code. She would think that if a Council member was intending on drafting a resolution to use the 2% fund to purchase a property, they could contact the Chair of this Commission and ask. There is always that opportunity for them to contact the commission and ask however we can't force them to do that. Ms. Self stated she thought it would be a welcome suggestion to the Council. In the past they asked for some guidance from the Commission. Ms. Self stated it would be appropriate to make a suggestion such as that in this Commission's report for this coming year. Ms. Springer asked if the appropriate place to add the suggestion would be in the annual report rather then a separate letter. Ms. Self stated that it would be up to the Commission how they want to convey the suggestion. It may be more of an impact if it is in the report because that would be when they are definitely going to be focusing on this.