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HomeMy WebLinkAbout2006-02-06 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Hilo Mtg)HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES — REGULAR SESSION February 6, 2006, 10:00 a.m. Department of Liquor Control, Conference Room Hilo Lagoon Centre, 101 Aupuni Street, Suite 230, Hilo, Hawaii Present: Kenneth Kaneshiro Laura Schuster (left at 12:14 p.m.) Ruth Walker Paul Campbell John Replogle Jocelyn Garovoy (arrived at 10.10 a.m.) E. Kalani Flores (left at 1.35 p.m.) Hannah Springer Absent: Benedict Yung Others Present: Amy G. Self, Deputy Corporation Counsel Cathy Minor, Secretary Nancy Crawford, Deputy Finance Director Stanley Iwamoto, Department of Finance Virginia Aste Roger Imoto Mike Staszkow Sara Burgess Carol J. Johnson CALL TO ORDER The meeting was called to order by Chair John Replogle at 10:01 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 1. Sara Burgess Ms. Burgess resides in Puna and spoke in support of Honolulu Landing located on the Puna Coast. She received a "heart warming" letter from the Mayor and felt special that the Mayor hard written her a letter regarding her concern for Honolulu Landing. Ms. Burgess is concerned about the beauty of Honolulu Landing and she does not want to see the land developed. Ms. Burgess is a member of the Sierra Club, and as a member of Sierra Club, she and her members have been seeking help in obtaining funding to preserve Honolulu Landing. Ms. Burgess spoke about Oprah Winfrey's influence worldwide on TV in purchasing lands in Hawaii. Ms. Burgess would like to see the Hawaiian lands preserved. Ms. Burgess thanked this Commission for their involvement in this project. 2. Carol Johnson Ms. Johnson is also a resident of Puna and spoke also in support of the Honolulu Landing in Puna. Ms. Johnson stated that she was in full agreement of Ms. Burgess' earlier testimony. Ms. Johnson provided a written request to the Commission and gave it to Cathy. (please see attached.) Commissioner Garovoy stated to Ms. Burgess and Ms. Johnson that Oprah Winfrey did indeed purchase a lot of acreage on the island of Maui, but she also put a lot of her acreage into the conservation district. Commissioner Kaneshiro thanked each of them for presenting their public testimony and informed both Ms. Burgess and Ms. Johnson that the Resource Conservation and Development office, located next door to this office space would be able to assist the Sierra Club in looking for funding and grant writing. The coordinator in this office is Steven Skipper. 3. Mike Staszkow Mr. Staskow is retired from the Army and is currently employed as a teacher with the Department of Education. Mr. Staskow is also an active member of the Honomu Community Association. Mr. Staskow spoke in support of Hakalau Mill. Mr. Staskow provided each Commissioner with his completed Survey Intake Form and copies of his letters written to Chris Yuen, Planning Director, and to the law firm of Bervar & Jones in Honolulu. He also provided a copy of the August 2002 issue and February 2003 issue of the Honomu Village Crier both of which contained an article on Hakalau Mill written by Mr. Staskow. Mr. Staskow shared his ideas for Hakalau Mill and gave a background of his attempts in trying to "re- open" the gate with which he has been unsuccessful for the past five years. Mr. Staskow wants to restore vehicular access to Hakalau Mill. The owner of the property, Mr. Steve Wolff, purchased the property for $68,000 and currently has the property for sale on the internet for $1 million dollars. Mr. Steve Wolff constructed a re- enforced gate and placed boulders in front of the gate. Mr. Wolff is 2 refusing to provide access to the "locals" and has threatened "locals" in the past. Mr. Staszkow has made several phone calls to Councilperson Dr. Fred Holschuh, Mayor Harry Kim and Planning Director Chris Yuen. Mr. Staszkow said that none of his requests have been answered. Mr. Staszkow has a "five year" plan he would like to present to County officials. The Honomu Community Assocation is willing to clean -up the property and upkeep it. The gate to Hakalau Mill should be closed during school hours. Hakalau Mill is not accessible at the present time should the County fire trucks need to respond to an emergency. Mr. Staszkow has taken trips to the East Coast with his students and have met with personnel at Senator Akaka's office to inform them of his frustrations at the State and County level regarding this long standing problem at Hakalau Mill. Mr. Staszkow indicated that since Doc Buyers moved his office from Honolulu to the Hamakua Coast, gates have been put up along the Hamakua Coastline for no public access. Mr. Staszkow informed the Commission that he and members of the Honomu Community Association are beyond frustration and Mr. Staszkow has cautioned the members of the community association on their behavior. The Honomu Community Association will be having their monthly community meeting on March 6 and Mr. Staszkow invited the Commission. Mr. Staszkow indicated that Councilpersons Arakaki and Holschuh will be present at this community meeting. Ms. Self reminded the Commissioners, the pursuant to Sunshine Law, only four members of this Commission may attend. Commissioners thanked Mr. Staszkow for his passionately pleas and asked him to not give up. The commissioners encouraged him to proceed in a non - confrontational manner and keep at it! APPROVAL OF MINUTES Ms. Springer noted an error in line 2 on page 4 of the minutes dated January 23, 2006, under the heading of Naalehu Clubhouse, the sentence "Mr. Replogle was assisted by Ms. Hannah Springer" was incorrect. It should have read "Mr. Replogle was assisted by Ms. Jocelyn Garovoy." Ms. Springer moved for approval of the Minutes of January 23, 2006, as amended, seconded by Mr. Campbell and carried unanimously by voice vote. Commissioners voting ayes. Kaneshiro, Schuster, Walker, Campbell, Replogle and Springer. Commissioner E. Kalani Flores abstained from voting as he was not present at the January 23, 2006 meeting. Commissioner Jocelyn Garovoy was excused and did not vote. OLD BUSINESS Chair Replogle was in agreement with the letters that were sent out to the Legislators and Councilmembers as listed under Communications, and indicated that there was no need for discussion by the commissioners Commissioner Schuster suggested that for the future, if the same "form" letter will be mailed out from this Commission to various people, that a list of the addressees be listed only and not to provide copies of each individual letter to the Commissioners. GUEST SPEAKERS Virginia Aste from Puna Friends of the Park, a non - profit organization gave a presentation on Cape Kumukahi. Ms. Aste provided each Commissioner with a copy of her "draft" intake survey form. Ms. Aste asked the Commissioners if each of them knew personally where Cape Kumukahi is located if not, she would personally take them on a tour. Ms. Aste is requesting acquisition to access of a road at Cape Kumukahi. Ms. Aste has been working with this non - profit organization for five years. It is a non - profit 501(C)(3) non - profit organization. Ms. Aste indicates that the possible owner of this property is Kapoho Land & Development Company and not the Lyman family as she initially thought. Ms. Aste states that this parcel Cape Kumukahi has over 1,200 acres and is greatly used by the public. Ms. Aste states that on a "good day" approximately 300 -400 citizens from the public enjoy this parcel. This parcel does not have any improvements and the residents of Kapoho and Vacationland are usually left to "clean -up" after the frequent park users. Commissioner Flores asked Ms. Aste to clarify her request for Cape Kumukahi. Ms. Aste wants a "new" access road, as the current access road is too close to archaelogical burials sites and the road is currently deteriorating. Ms. Aste states that Puna is in great need of a regional park. The population in the Puna district has been rapidly growing and there is a need to provide more parks in this area. Commissioner Campbell thanked Ms. Aste for her presentation. Commissioner Garovoy informed Ms. Aste that she completed more work, than what is reflected in her intake survey form. • Roger Imoto, Hawaii Branch Manager for the Department of Land and Natural Resources, Division of Forestry and Wildlife. Mr. Imoto gave a brief explanation of the different divisions that fall under the Department of Land and Natural Resources. Mr. Imoto indicated that the State has a lot of land. The Land Division acts like the "real estate agent" for commercial in lands and his division, Forestry and Wildlife manages the resources on the land. Mr. Imoto stated that 2 -3 years ago, the Legislature mandated that state lands that are zoned AG land be turned over to the Department of Agriculture. These lands have already been identified. His division also had a chance to identify lands that they could manage under the Land Division, approximately 80,000 acres. Mr. Imoto informed the commissioners that monies are the major concerns to manage and maintain these lands. Mr. Imoto indicated that possible avenues for obtaining more monies for their budget would be through sale of timber, conveyances taxes from water shed, and the legislature may be looking at monies received in the forest reserve land income, (i.e., rental of cabins, etc.) to fund their budget. Mr. Imoto indicated a shortage in staff and manpower. Mr. Imoto also indicated that the State must be careful in their selection of lands or property, as some of the properties come with problems, (i.e., landslides, falling rocks, etc.) In the long run, the State would be responsible to mitigate damages. Mr. Imoto indicated that the State and County can work together by obtaining lands with the Trust for Public Lands. The Trust was responsible for obtaining the Carlsmith parcel and Honuapo. CLARIFICATION ON APPROVAL OF MINUTES Commissioner Garovoy made a motion moved to further amend the amended minutes dated January 23, 2006, as previously approved, seconded by Ms. Schuster and carried unanimously by voice vote. Commissioners voting ayes. Kaneshiro, Schuster, Walker, Campbell, Replogle, Garovoy and Springer. Commissioner E. Kalani Flores abstained from voting as he was not present at the January 23, 2006 meeting. A motion to further amend the minutes to correct page 3, of the minutes dated January 23, 2006, under the sub - heading Yano Hall, line 9, which stated, "Ms. Garovoy indicated no survey forms were completed or received. It should read, "Ms. Garovoy indicated several survey forms were completed or received." Mr. Kaneshiro moved for approval of the Minutes of January 23, 2006 as further amended, seconded by Mr. Campbell and carried unanimously by voice vote. Commissioners voting ayes. Kaneshiro, Schuster, Walker, Campbell, Replogle, Garovoy and Springer. Commissioner E. Kalani Flores abstained from voting as he was not present at the January 23, 2006 meeting. 5 FINANCE DIRECTOR'S REPORT Nancy Crawford had nothing to report. Chair Replogle asked Ms. Crawford to purchase two (2) copies of the Roberts Rules for himself and Vice Chair, Hannah Springer for use for this Commission. Commissioner Garovoy thanked Ms. Crawford for setting up the website for this Commission. Commissioner Garovoy also requested that the agendas and minutes be placed on the website. Ms. Crawford instructed Cathy to e-mail Kevin Norris at Data Systems this Commission's past agendas and minutes and Kevin will input these on to the website. Mr. Cawford reminded all Commissioners to make sure to seek reimbursement for any purchases for this Commission. Commissioner Flores informed Ms. Crawford that Ms. Sara Burgess during her public statement gave good comments on one of her employees in her department. CHAIRPERSON'S REPORT Chair Replogle reported that all of the community meetings went well. COMMITTEE REPORTS Rules & Procedures Ms. Self reported that the Rules and Procedures will be internal rules, she took out everything on rulemaking. Mr. Self indicated that no public hearing will be necessary. Ms. Self is still in the process of completing these Rules and will send them out with the next agenda so the Commissioners will have time to review them before the next meeting. Motion was made by Ms. Jocelyn Garovoy to defer this matter to the next scheduled commission meeting. This motion was seconded by Ms. Hannah Springer and carried unanimously by voice vote. I Assessment Criteria • Sub - committee reports of community meetings January 23, 2006, Kona Mayor's Office Commissioner Hannah Springer said that she had 28 persons from the public present and 12 intake survey forms were completed and collected. Commissioner Springer stated, in general, the tone of the meeting was positive with a good discussion. Commissioner Jocelyn Garovoy assisted Commissioner Springer at this meeting. January 25, 2006, Honokaa Gym Annex Commissioner Kenneth Kaneshiro reported over 20 persons from the public attended. Commissioner Kaneshiro was assisted by Commissioner Benedict "Ah Lun" Yung. Commissioner Kaneshiro submitted his written notes to Cathy. Commissioner Kaneshiro said the only question asked by the public was if they will have the opportunity to participate in developing the criteria process. Commissioner Kaneshiro informed the public that he did not have an answer to that question. Commissioner Ruth Walker commented that the Ordinance does not provide for public input regarding the criteria process. The assignment is for the commissioners to put in priority order for the Mayor. Commissioner Kalani Flores stated that the public could comment on the criteria sheet if the item is listed on the agenda. Commissioner Laura Schuster indicated that another general question that was often asked by the public was, "How were the Commissioners chosen ?" Commissioner Schuster stated that after she explained to the public how the commission was formed, she gave a brief background of each commissioner, and informed them that the County has a website that provides the vacancies for each board and commission. The public was quite pleased after given this information. January 25, 2006, Waimea Community Center Commissioner Kalani Flores collected a number of intake forms and provided his written notes to Cathy. Commissioner Flores indicated that he received a good turn out and the same questions were asked regarding acquisition, management and easement. A question was asked if a new category could be added to include, "availability of donor support or organization to help facilitate with the landowner." Commissioner Flores was assisted by Commissioner Hannah Springer. 7 January 26, 2006, Hawaii County Councilroom Commissioners Ruth Walker, Laura Schuster, Paul Campbell and Benedict "Ah Lun" Yung were present at this community meeting. A total of three people from the public were present. Mike Staszkow was one of the three who was present at this meeting. Commissioner Ruth Walker received questions on eminent domain, Hawaiian rights and easements. Commissioner Ruth Walker provided her notes of this meeting to Cathy. January 27, 2006, HOVE Community Center Commissioner John Repologle reported 35 people in attendance. Residents who were unable to attend the Naalehu community meeting came to this meeting. The public's main concern at this meeting was Pohue Bay Management. Commissioner Replogle was assisted by Commissioners Paul Campbell and Jocelyn Garovoy. Commissioner Replogle also informed the commissioners that he was asked to speak at three different classes at Kau High School last week. At the end of his presentation he asked the students to complete the intake survey form. January 30, 2006, Keaau Community Center Commissioner Paul Campbell reported eight members of the public were present. Of those eight, were John Olson and Virginia Aste who gave a presentation on Cape Kumukahi. Commissioner Campbell was assisted by Commissioners Ruth Walker and Benedict "Ah Lun" Yung. The meeting ended at 7:30 p.m. January 31, 2006, Pahoa Community Center Commissioner Paul Campbell met with at least 16 members of the public. John Kekipi, a member of the public, gave input on Native Hawaiian Rights to those present. Also in attendance was Councilperson Gary Safarik who encouraged the public to focus their energy on only two particular properties, instead of a list of places. Councilperson Safarik also encouraged Hawaiian rights. Commissioner Campbell received good feedback from the public. Commissioner Campbell was assisted by Commissioners John Replogle and Ruth Walker. February 2, 2006, Papaaloa Gym Annex Commissioner Laura Schuster reported only one person was present for the first half -hour and then three others from the public joined in. Commissioner Schuster stated after the initial presentation, the discussion focused on the type of lands to be identified and right -of -way issues. The public informed Commissioner Schuster that there was very little in the way of advertisement in their community. The public suggested more public announcements for future meetings. Commissioner Schuster was assisted by commissioners Ruth Walker and Benedict "Ah Lun" Yung. Recess taken at 12:14 p.m. Reconvened at 12:30 p.m. • Criteria /Category List Commissioner Springer informed the Commissioners that the committee used the County of Kauai's Report as a form. See page 13, Tables 4 and 5 of their report. Of the six priorities listed by the County of Kauai, priority no. 3, would be the only one that comes close to a "popularity" issue. Commissioner Springer indicated that the Commission should be as objective as possible. Amy Self informed the Commissioners that "they need to be very clear on how they go about the process. Everything must be documented." Commissioner Springer asked Commissioner Flores to explain the form as he was responsible for putting the form together. After a very lengthy discussion a motion was made to adopt the categories with the following revisions: (See below, changes /additions in bold.) CATEGORY DESCRIPTION A Lands or property entitlements with high public interest, imminent needs for acquisition, largest benefit to the general public and meets one or more purposes of the ordinance. • Public outdoor recreation and education, including access to beaches and mountains • Preservation of historic or culturally important land areas and sites • Protection of natural resources, including buffer zone • Preservation of forests, beaches, coastal areas, natural beauty, and agricultural lands • Protection of watershed lands to preserve water quality and water supply B Lands or property entitlements that have operational or legal issues associated with them or have a narrower public benefit and meets one or more purposes of the ordinance, as stated in category A. C Lands or property entitlements that require County, State, and Federal collaboration to resolve issues relating to public use or maintenance and meets one or more purposes of the ordinance as stated in category A. M D Lands or property entitlements already being considered or dealt with by public agencies or charitable organizations and meets one or more purposes of the ordinance, as stated in category A. E Lands or property entitlements that have limitations due to site constraints or physical hazards and meets one or more purposes of the ordinance, as stated in category A. ANNOUNCEMENTS The next meeting will be held on Tuesday, February 21, 2006 at 10:00 a.m. at the County Council Room, Kona Trade Center, 75 -5706 Hanama Place, Suite 109, Kailua -Kona, HI 96740. Please note that in order to meet the Mayor's deadline of April 5, 2006. This Commission will be meeting possibly every Monday. Please "pencil in" the following dates on your calendar for possible meeting dates. • Monday, February, 27, 2006 in Hilo • Monday, March 6, 2006 in Kona • Monday, March 13, 2006 in Hilo • Monday, March 20, 2006 in Hilo • Tuesday, March 28, 2006 in Kona (note. Holiday on Monday, 3127106) ADJOURNMENT Jocelyn Garovoy moved to adjourn the meeting; Hannah Springer seconded the motion and all members voted aye. The meeting adjourned at 2:25 p.m. Respectfully submitted, Cathy Minor, Secretary 10