2009-11-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self reported that she drafted a State legislative bill to establish a county wide trail and access system for submittal as part of the County package to Kevin Dayton in the Mayor's office. In reviewing the State Na Ala Hele (NAH) program, HRS § 198D protects the State from liability if someone gets hurt on a State trail; however the counties are required by State law that if someone comes in for subdivision there's a statute saying that the County must require mauka /makai access to the shoreline for the public. Once it's dedicated to the County, unless the property owner is willing to take responsibility for maintenance and management, the County is responsible. She added that the recreational use statute covers private property owners and the federal government; however it doesn't cover State or County. If the County wants to establish a trail system similar to NAH we would have to adopt an ordinance along with rules for management and maintenance. The proposed bill is under HRS §46 -1.5 and also includes language to protect the counties from liability. Since it will affect all the counties, Mr. Dayton suggested that it should be included in the Hawaii Council of Mayors (HCOM) packet to get the other counties on board. Ms. Garcia asked Ms. Self if she needed a letter of support from the Commission for this proposed bill. Ms. Self replied that once it's approved to be submitted she will bring a draft copy to the Commission and provide them with more information. CHAIRPERSON'S REPORT Ms. Garcia did not have anything pertinent to report. UNFINISHED BUSINESS • Commission to discuss drafting of the 2009 Annual Report to the Mayor including assessment of the 2009 suggestion forms Ms. Garcia noted that the Commission has no discussion under this agenda item. NEW BUSINESS • Commission to discuss finalizing of the 2009 Annual Report to the Mayor (The commissioners went into discussion) Ms. Garcia then assigned the write -ups for the 2009 Prioritized List properties that were not included in previous annual reports: Mr. Flores — Lapakahi; Ms. Garcia — Kahuku coastal property; Mr. Komata — Kingman Trust property.