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

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Ms. Springer stated maybe they could pull together, in their report, a section on ways that money and credits could be available. They could include that as another appendix. Ms. Springer stated if any of the Commissioner's has knowledge of funds or programs, they could add to this list. Ms. Springer stated part of the Ordinance says this Commission will identify other sources of funding for the benefit of the County. CHAIRPERSON'S REPORT None UNFINISHED BUSINESS • Discuss with the Commission the need to adopt a rule regarding notification of property owners on the priority list. Ms. Self stated she's been researching it and she wasn't sure if it was a case that was filed in court because she has not been able to find it in the court records. Ms. Self stated she called the DLNR office in Hilo and they didn't know what she was talking about. Ms. Self explained that attorney Mr. Vitousek either threatened a lawsuit or filed a lawsuit against DLNR because they had a list of properties which put a cloud on the title of these properties. Mr. Vitousek represented one of the landowners. The properties were not scheduled to be condemned. Ms. Self stated from the way Mr. Vitousek described the list, it was like the list that the Commission has. This Commission could send out a notice letter to the landowners prior to being put on the list and before it goes to the Mayor. Ms. Self stated for the properties they already have on their list, this Commission has no control over it because it already went to Council. Ms. Self stated once it goes to Council, the Commission has no authority to remove properties on the list. Ms. Self stated to do so would require a bill being passed by the Council to amend the County Code. Ms. Springer stated it could have been in the 80's. There was an incident with a list being withdrawn because of an issue of the individual landowners not being notified. Ms. Schuster stated this was for the State Historic Sites Division. Ms. Schuster stated that an island wide survey was done by the State Historic Sites Division back in the late 70's. Ms. Schuster stated that historic sites were identified and forms were filled out. Ms. Schuster stated many of the forms were withdrawn because the process was not followed correctly. The landowners had to be notified that their property was being considered and they needed approval from that property owner for inclusion in either the state register of historic places or the national register. Ms. Springer stated that it may be a rule that already existed; the landowner needed to be notified. Ms. Springer stated this Commission doesn't have such a rule. Ms. Schuster stated even the legislation for Historic Preservation Act does say you have to notify the owner and you need to have the owner's concurrence. 7