2008-12-08 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Communication No. 08 -012: Agenda for the DLNR LLC Meeting on Friday, December 19, 2008 Mr. Yada provided copies of these agendas to the Commission as the LLC is also working on their rulemaking process and is having the same issues with funds for management. He commented that the LLC is possibly looking at one time expenditures to help with management and stewardship. Mr. Komata asked where the LLC monies come from. Mr. Yada replied that it is a special fund that is funded by 25 percent of the conveyance tax. Anytime anyone sells or transfer property, 25 percent of that conveyance goes into this fund. Mr. Komata asked if it is possible for the Commission to communicate with the LLC. Mr. Yada replied that they have their own application process which needs to be filled out to apply for grant WITW U41. Ms. Springer asked Mr. Yada to provide to the Commission a copy of the published list for the LLC when it becomes available. Mr. Yada also pointed out that the Lapakahi parcel owned by Mr. Reish was submitted by Trust for Public Lands to the LLC. Mr. Flores suggested that the Commission look at what properties can be submitted to the LLC for consideration in the future. Ms. Self noted that this was possible as long as the properties have Council approved resolutions authorizing purchase. Ms. Springer asked Mr. Yada that in the future he reports to the Commission the process and procedures of the LLC. DEPARTMENT OF FINANCE REPORT Mr. Yada noted that he had nothing further to report. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Selfprovided a copy of Act 020, Senate Bill No. 3105 S.D.1, Section 92 -3.1 of the Hawai `i Revised Statutes to the commissioners for their review and information. She reported that this is the new legislation that came out in regards to site visits and mentioned that it's still complicated to not invite the public on site visits. If the commissioners conduct site visits on private property the County is self insured however it does not protect the public. The site location would need to be listed on the agenda as a regular meeting. Should the landowner allow only the commissioners onto the property, the County would need to ask permission from the State Office of Information Practices on whether the public would be able to attend. If it's a closed meeting where the public is not invited, the meeting would need to be videotaped. The easier way would be to view properties from a public right -of -way. Mr. Yada mentioned that the LLC conduct their site visits with only two commissioners for each property and the Commission should consider that in the future. -2-