2009-02-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Ms. Garcia indicated that the County Council is able to do what they want. Mr. Yada stated that the code defines what the fund can be used for, as long as it falls within the code parameters. Ms. Self stated it is the same criteria as is stated in criteria 1 on the form. Mr. Yada questioned if he was referring to what the fund can be spent on. Ms. Garcia indicated that the Mayor has already discussed using the fund for other projects. Mr. Komata affirmed that is why he needed clarification of the fund. He was not sure if the Mayor had the authority to use the 2% money elsewhere. Ms. Self stated that you would have to amend the code. Ms. Garcia asked as to who amends the county code? Does the County Council have that authority? Ms. Self confirmed that it is the County Council. Mr. Yada stated that the code reads "the fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes" which is listed on this form. As to what they need to do, council will need to decide to change this code. Ms. Garcia questioned if this was a public mandate? Mr. Yada was unsure if this was a charter that passed? Ms. Self indicated that this was a code change. It was code 2- 214(b)(5). Ms. Garcia clarified that it is basically the County Council that can change the code. Commissioners went back into discussing revising the form. Commissioner Ms. Springer moved for approval of the County of Hawai `i Public Access, Open Space, Natural Resources, Preservation Commission Assessment Criteria Form as amended, seconded by Commissioner Ms. Markovich Commissioners clarified the change to the revision date Unanimously approved by voice vote • Commission to discuss procedures for conducting site inspections Ms. Garcia suggested that the Commissioners work with community groups that have either suggested site visits or are in the vicinity of the site. -5-