2007-07-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Mr. Yada further stated that the 40 -foot setback or certified shoreline has nothing to do with establishing public legal access as well as boundaries. DEBBIE HECHT Ms. Debbie Hecht introduced herself as the campaign coordinator for the 2% for Open Space and a member of the Save our Lands Citizens Committee. Ms. Hecht, an avid hiker and conservationist mentioned that the County should consider passing a right of adverse possession to trails used for many years so that one day the public could have the right to these trails. She then spoke on behalf of Communication No. 07 -005 for the Puapua`a property, a 12.6 acre parcel along Ali`i Drive containing a heiau said to be built by King Kamehameha I which includes an offertorium, altar, gravesites and building sites (Ms. Hecht provided an illustrated handout /map to the Commission of which were explained in detail). The property was acquired in May 2005 for 16 million by the Betsill Brothers Construction, Inc. (BBC) who plan to develop 35 oceanfront luxury homes in addition to constructing a pool adjacent to the heiau. Ms. Hecht stressed that the 2% for open space generated this year, roughly 3.5 million will be put into the land fund, however, at this time, there is no ordinance for transfer of development rights to help for the acquisition of lands and if there was one passed then the proposed development could be transferred to another property owned by BBC. Other strategies could be land banking, a land exchange for other properties owned by the County, or partial development which would leave at least half of the lands preserved. Ms. Hecht mentioned that in discussion with Ms. Garcia, another option would be to possibly have a native Hawaiian land trust manage the property or even consider converting the property into a park conservancy partially funded by County grants, stewardship grants or private monies. Ms. Hecht offered to the Commission a site visit of Puapua`a, should anyone be interested. Ms. Hecht also noted that Resolution No. 404 -06 was passed by the Hawaii County Council (Council) on September 7, 2006 for the acquisition of Puapua`a and mentioned that at one point this property was on the Mayor's "Top Four" list, however addressed the Commission to not get discouraged by the price of the property and highlighted on how the transfer of development rights would come in play for this particular parcel. Ms. Springer then clarified to Ms. Hecht that Resolution No. 404 -06 was passed for the preservation and not acquisition of Puapua`a so further negotiations may occur. Mr. Gilmartin asked whether this property was ever proposed for 2% and Ms. Hecht replied that she already came before the Commission as Puapua`a was placed on the Mayor's "Top Four" list. Ms. Self then noted that the Council passed a resolution a few years ago prioritizing four properties: 1) Kawa`a Bay, 2) Waipi`o, 3) Honoli`i and 4) Puapua`a, however Mr. Yada stated that the funds are limited and at this time the Commission is only working on the acquisition of Kawa`a Bay. Mr. Yada did mention that a possible solution may be for the Council to pass a resolution to re -do the priorities at some point. M