2009-04-13 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Ms. Garcia asked for the current fund balance. Mr. Inaba replied that it's attached to the minutes. Ms. Markovich asked for clarification on the amendment of the suspension of deposits into the 2% fund. Mr. Inaba replied that the Finance Committee voted in favor of the amendment 7 -2 which will move the effective date from January 1, 2009 to July 1, 2009. The Finance Department is still waiting for the Council to prepare another resolution to prioritize the properties that have already been approved. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self had nothing to report. Ms. Moon asked where she would be able to find the laws pertaining to public access. Ms. Self replied that for the County, it would be Chapter 34 of the Hawaii County Code. For the Hawaii Revised Statutes (HRS), it would be § 46.6.5. She also told Ms. Moon that you can find the updated amendments to the HRS on the website under Hawaii State Legislature, CHAIRPERSON'S REPORT Ms. Garcia suggested that they ask the Council to change the code to widen the parameters of the Commission. She feels that with the monies in the 2% fund, the focus should be on public access and easements, and re- establishment and restoration of historic trails around the island. She strongly opposes the Council purchasing Pa`o`o, Puapua`a and Kaiholena. Ms. Markovich noted that the Commission should address having the language regarding restoration of the PONC funds included. UNFINISHED BUSINESS • Commission to discuss previously submitted suggestion forms regarding public access in the various districts Ms. Garcia asked the commissioners if anyone had time to do research in their respective districts. Ms. Moon reported on the access for Papa`ikou Mill Beach Road in South Hilo. (The commissioners went into discussion) Ms. Garcia asked Ms. Moon to do more research on the road easement so that the Commission knows what direction to take. Ms. Self stressed to the commissioners that she doesn't see anything in the County Code which says that they are to go beyond their duties and responsibilities. Mr. Hirakami reported on Wai`ele and Honolulu Landing in Puna. He feels that the Commission needs to re -set their priorities and re- direct their efforts into leveraging the monies that is currently in the fund instead of just buying properties. -2-