2010-06-21 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Communication No. 10 -021: Memo dated May 24, 2010 from J Yoshimoto, Chair, HCC, re: Adoption of Resolution 338 -10 (attached) which authorizes the Mayor to enter into an agreement with the State of Hawaii, DLNR, Legacy Land Conservation Commission, and to accept funds for the acquisition of Pa`o`o, North Kohala, Hawaii Mr. Flores noted that Communication Nos. 10 -004 — 10 -021 have been filed and received by the Commission and asked if there was any discussion related to these items. Ms. Springer commented that in regards to the second paragraph of Communication No. 10 -004, how does the Commission handle when the landowner indicates that the property is not available for acquisition. Ms. Self replied that what she recalls from the past is that if the property is not for sale they will not consider it for the prioritized list. Ms. Springer asked if there could be some language included in their rules or possibly in their annual report to address properties that are not for sale and still submitted for suggestion. Ms. Self said that it would be a good idea. She further added that if they decide to put a property on the list it should be noted in the report that it's not for sale. Mr. Van Bergen commented that sometimes landowners get a little "freaked out" if their property is on the list; however they can change their mind. Ms. Self reminded the Commission that once a resolution is passed, it's up to the Finance Department to proceed with negotiations and it's no longer in their hands. Legally it does not encumber the property; however to purchase property with the 2% funds you must have a willing seller. Ms. Springer thanked Mr. Flores for this discussion and stressed the importance of including language in this year's report to address this issue. Ms. Self suggested that they have this item put on the agenda and at that time they can decide how they want to treat this. DEPARTMENT OF FINANCE REPORT Mr. Van Bergen reported on the status update for properties listed on the 2009 Prioritized List: ( #1) Kawa - The County ran into title issues with DLNR and we've been working diligently with Mr. Olson; however we're close to losing the 1.5 million from the State. The County did apply for an extension with DLNR for an additional year and we should know shortly. If we don't get the extension we're going to re -do the federal grant of 1 million and try to acquire only the two parcels for turtle protection. ( #2) Pa`o`o - Our grant was approved by DLNR and the Governor released the funds so we are now in escrow and hopefully we can close sometime this summer.