Loading...
HomeMy WebLinkAbout2006-10-09 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 October 9, 2006 Department of Liquor Control Conference Room 101 Aupuni Street, Ste. 230 Hilo, Hawaii 96720 Present: Chair John Replogle Vice Chair Hannah Springer Commissioner Kenneth Kaneshiro Commissioner Paul Campbell Commissioner E. Kalani Flores Commissioner Benedict Yung Absent: Commissioner Ruth Walker Commissioner Jocelyn Garovoy Others Present: Amy Self, Deputy Corporation Counsel Stacie Waltjen, Secretary Sharese Macomber, Clerk III, Finance Department Nancy Crawford, Finance Department (10:07 a.m.) CALL TO ORDER The meeting was called to order by Chair John Replogle at 10:03 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS SARA BURGESS Ms. Burgess came to speak about the Honolulu Landing; Written Communication No. 06 -108. Ms. Burgess congratulated the Commission on the Ranger Station in Waipi`o Valley. Ms. Burgess stated she has learned that there is a group of people that is concerned about the whole general area. Ms. Burgess stated they are looking at a very major project and major problem and that she knew the Commission supported saving natural preservation land. Mr. Replogle asked Ms. Burgess what she meant by major work and major problem. Ms. Burgess replied since she's started this project regarding Honolulu Landing, she's seen the bulldozers come in and landowners getting permission to do something. Ms. Burgess stated the area which she started off with that was bulldozed, that person was assessed a $1,500.00 fine which was later reduced to $500.00. Ms. Burgess stated the land was destroyed and her concern was that it could happen again. Ms. Burgess stated she hoped that everyone concerned could help each other and work together. Ms. Burgess stated she understood the process of the Committee and she's concerned that the amount of money available is not enough for projects. Ms. Burgess stated there should be an organized effort to search out possible funding sources and try to get some kind of ruling so people can't just hop in and start subdividing and selling off land for development without proper concern about the infrastructure and roads that would be needed if it was a big development. Ms. Burgess stated she's continuing her support for these efforts and community organizations. Ms. Burgess stated she's looking for any kind of guidance and suggestions of ways that communities could work closer together. Mr. Flores asked if there were other contact people or organizations that could be contacted besides those who submitted forms. Ms. Burgess stated she wasn't sure but she could get the Commission names. (female voice from public) Malama O Puna would support that. Mr. Campbell stated the 2% ballot would be the best place to start. Ms. Burgess stated she joined that organization to help and was surprised there were groups of people that were in opposition. Ms. Burgess stated obstacles shouldn't be put in the way for having initiatives being put on the ballot. SHERRY PALMER Ms. Palmer came to speak about Communication No. 06 -107 ( Waiele). Ms. Palmer stated Waiele and Honolulu Landing was part of the last native forest along the coast that's left in the State of Hawaii of that size and extent. Ms. Palmer stated there is a cultural forest and archeology. Part of the forest along the coast is Kahuwai, one of the largest ancient villages left along the coast. Ms. Palmer stated she thought it was important to preserve the whole portion versus carving them up which is what they are doing on the other side of the island. They are leaving small portions of native forest surrounded by subdivisions which doesn't work. Ann [Kobsa] is trying to research an old trial that went down through Waiele to the canoe landing. Mr. Flores asked who was selling the property and what was it selling for. Ms. Palmer stated it was close to 4 million dollars. [A magazine was passed around by a member of the audience with the property listed] Mr. Flores stated it was two parcels that were 165 acres, selling close to 4 million. 2 CLIVE CHEETHAM Mr. Cheetham came to speak on behalf of Communication 06 -107 ( Waiele). Mr. Cheetman asked if the purpose of his speaking today was to encourage the Commission to put Waiele on the list. Mr. Flores stated in their speaking to the Commission, they are giving the Commission more background information so when the Commission does an assessment of the property, it will help decide where on the list as a priority it will be. Ms. Self stated the purpose of his testimony was to share his support of this property and that helps the Commission evaluate the Survey Form. All properties that are on the Survey Forms are evaluated by the Commission; whether or not it makes it on the priority list is determined by the Commission. Mr. Campbell stated to Mr. Cheetham the particular information that he was bringing today was so vital to the Commission in making their assessment. The more particulars the Commission has the better chance it has in going through the process. Mr. Cheetham spoke of John Orr who defended the paving of the road from the 1960 lava flow to Honolulu landing. He lived at Kahuwai. Mr. Orr put a lot of effort in making sure this portion of the Big Island was preserved and protected from development. Mr. Orr's focus was for everyone on the island. Mr. Cheetham stated in his 27 years of living here, this is the first time a large portion was suddenly in Hawaii Homes. There are a lot of people who think AG -1 zoning out in the wilderness is an error. Mr. Cheetham stated someone with a lot of money could come in and do an AG -1 subdivision and split the area. Mr. Cheetham stated if this were to be developed, it would split a large area of undeveloped land and impact the coast. Mr. Flores asked Mr. Cheetham what his vision was of this site. Mr. Cheetham stated he didn't want to see it chopped up into AG -1 or AG -3. The County could purchase simply to leave it alone or purchase and encourage people to visit the area and use the trial. Mr. Cheetham stated his interest was so it doesn't fall into the hands of speculative development. Mr. Cheetham stated it's a tricky area; the coast line is very wild. Mr. Campbell stated when Chris Yuen came to speak to the Commission, he informed us of other tools that the County could use. There are other options besides just purchasing. Ms. Springer stated in the written testimony they have, there is a statement that there is several endangered species, what are they? (female voice from public) Beach grass; it's the best place in the whole State for that. ANN KOBSA Ms. Kobsa came to speak about Communication No. 06 -107 ( Waiele). Ms. Kobsa thanked the Commission for considering their proposal. Ms. Kobsa stated they forgot to mention in their written testimony that their group was working on preparing an application for the historic registry for the State and Federal levels on a section of coastline that would include Honolulu Landing and Waiele. They were about to submit it. Ms. Kobsa stated there was a lot of hala forest in the area. Ms. Kobsa stated there are tide pools and a large area of sand with coconut grove. A lot of people go for the hike. Ms. Kobsa stated the trial is actually the property line; it goes to show the trial was there before the property divisions were made. Mr. Cheetham stated the trial was in active use by the people in the area up to the year 1959. The lava flow stopped it from being used. Ms. Kobsa stated her personal preference would be for the area to be maintained as a trail, a place to get away from crowds. Mr. Flores asked who owned the property to the south. Ms. Kobsa stated it was a private owner. The beach is divided by the property line, most of the beach is on the parcel that is for sale but part of it is still on the other parcel. Mr. Cheetham stated from the Wa`a Wa`a subdivision to the 1960 lava now there was only one building which was John Orr's that is now the center for Kamehemeha's program. Mr. Flores stated there could be a potential that Kamehameha could expand their properties because it's adjacent to their property and it has potential educational component that could be applicable to their estate. Ms. Burgess stated on her original proposal for Honolulu Landing she used as reference a textbook that was published by Kamehameha schools. She thought it was a great idea to restore the ahupua`a system and have students do it. Ms. Palmer summarized this was not the only thing going on; there are a number of things going on. The historic registry is currently being sought for the roadway and the mango tree grove that goes from Wa`a Wa`a to the 1960 lava flow is in the exceptional tree program. 0 ELFIE WILKINS Ms. Wilkins came to speak on Kathleen Paunani Aina land on Kalaniana` ole street. TMK No.: 2- 1- 16 -2 -6. Ms. Wilkins stated it's on the Hilo side of the James Kealoha park. Ms. Wilkins stated they tried to get the parcel four or five years ago; they spoke with Aaron Chong. Ms. Wilkins stated because it's a parcel of private land the police can't stop the young kids from going in and drinking and abusing drugs. Ms. Wilkins stated she wanted to make sure the Commission had her survey form and the map that went along with it. IRENE KUBICA Ms. Kubica came to speak about Communication No. 06 -10- (Honolulu Landing). Ms. Kubica stated she only heard about submitting a proposal to the Commission in late August. Ms. Kubica stated in her talking to people interested in preserving Honolulu Landing, they were outraged that an acre of land was destroyed. Ms. Kubica stated there are people who are of native Hawaiian ancestry in the local area that want this area preserved because of burials and cultural sites there. There is also a great number of people who moved to Hawaii who love the `aina and feel this particular area of the island should be in the public domain and not left in private hands. Ms. Kubica stated Hawaiian Shores Recreational Park itself is very interested in Honolulu Landing and preserving it as it is or some other form. It's on the boundary line with Hawaiian Shores Recreational Park. Ms. Kubica stated she talked to a third party between herself and Dr. Habashi. Dr. Habashi and his daughter both live in North Carolina that holds this land. They have tried to sell this land several times with buyers jumping at the chance to develop because it's over 300 acres but found that they could not develop it due to lack of infrastructure. Dr. Habashi is very approachable and he's in contact with another person in Hawaiian Shores Recreation subdivision who has a good repertoire with him; trying to make Dr. Habashi, as a land owner, responsible for the trash being dumped there and responsible for the ATV's and motorcycles that go on the sand hill by closing off roadways. Ms. Kubica stated his land adjoins the DLNR land which is supposed to be a part of Nanawale Park; which has never been developed. Ms. Kubica stated Lot 19 is makai of the government beach road and Lot 20 is mauka of the government beach road. Ms. Kubica stated so much of Honolulu Landing has been washed away that is was quite possible the roadway being used by the public and maintained by the County could be on Lot 19 and 20. Ms. Kubica stated there are thirty acres of the makai portion lot 19 that Dr. Habashi might be willing to sell these lands if the County made an offer. Ms. Kubica stated the mauka portion has 300 acres which is all forest and has a large cultural site and burial sites on it. Ms. Kubica stated there is a lot of vegetation along with hills and all kinds of rock formations. Ms. Kubica stated Mr. Kepeepee, the person who runs the cultural school near the County Park, has said that no archaeological assessment of the entire Puna coast has ever been done. Ms. Kubica stated that Mr. Kepeepee feels that if they did assess the 5 settlements along the Puna coast, the State of Hawaii would find 5 that these are fully developed and preserved settlements on the island. Ms, Kubica stated if we don't keep it from being developed as AG -1, which it is zoned as, we will never know what we lost. Ms. Kubica stated that I' o's and bats are seen there. Ms. Springer stated looking at letter from 1993 from Don Hibbard, the letter indicated that there was no survey's done but it does say that the division is in the process of evaluating this parcel for potential acquisition. Ms. Springer asked Ms. Kubica if she was able to track that. Ms. Kubica stated they went ahead and looked at it however Mark Smith submitted a piece of paper and he said that it's just covered with vegetation and doesn't look that there is anything of value to be kept. At that point, it was taken off the State's list of Historical sites. Ms. Kubica stated to spoke to Mr. Hibbard just before he left about the government beach road and the possible paving and he said that he realized this was a significant site and area of the island and State and that nothing in his department has since 1990's has ever done anymore archaeological assessment. Mr. Flores asked what Dr. Habashi was selling it for. Ms. Kubica stated she didn't have that information. Mr. Flores asked what the potential use for lot 19 and 20 was. Ms. Kubica stated the State could go and does an archaeology assessment; find out how rich the entire coastline is. They might find out a lot of the first settlement. Ms. Kubica stated the college feels this particular area was used for learning. Ms. Kubica stated very close to boundary of Honolulu Landing, she used to see older women coming to get hala leaves. Ms. Kubica stated the State Preservation Division told them if they could find the women who came to get the lauhala leaves and get their history; that would've helped from keeping this as a State historic land. Ms. Kubica stated everyone she's spoken to have expressed outrage regarding the portion that was bulldozed last year. They are hoping to preserve the land for the future. Ms. Kubica stated that since it's zoned at AG -1, anyone could go in and bulldoze if it's less than one acre, they don't need a permit. LUANA JONES Ms. Jones of Puna Hui Ohana stated she wanted to support all of the testimonies that were just presented. It's very important that they protect all the shorelines. Ms. Jones stated she's in favor of moratorium on shoreline development. Ms. Jones stated she came to speak on behalf of Waiele. Ms. Jones stated they were approached by people to support their efforts to establish rehabilitation and recovery homes in Puna. Ms. Jones stated Waiele has a lot of history in it. Ms. Jones stated she's been serving Puna for over 25 years. Ms. Jones stated she was talking stories with Keoni Kalawe, caretaker of 31 Kahuwai and cultural caretaker of the area. Waiele came up as a potential site for people to get healing and be a safe place. Ms. Jones requested that Waiele be preserved and conserved. Ms. Jones stated Mr. Kalawe stated he could see it being turned into a cultural park; it could even be a tourist destination. If we want people to appreciate Hawaii, we need to show them. Ms. Jones stated she believes that Waiele is one of those places to preserve and restore cultural practices to share with others and help the people who go there to heal. Mr. Replogle asked from Hawaiian shores subdivision to the 1960 lava flow, if all of that through Kahuwai, Wa`a Wa`a, Nanawale Forest Reserve, Honolulu Landing and Hawaiian Shores subdivision was all coastal forest? Mr. Cheetham stated he was addressing between Wa`a Wa`a to the 1960 lava flow. Wa`a Wa`a has already been developed into 3 acres lots with people living there. Mr. Cheetham stated Waiele is geographically in the center of the area between Wa`a Wa`a and the 1960 lava flow. Between there is only one building that Kamehameha Schools owns. Mr. Replogle stated Nanawale Forest Reserve is undeveloped but is the Honolulu Landing undeveloped? Ms. Kubica stated the Honolulu Landing is undeveloped right up till the line of Hawaiian Shores. Hawaiian Shores is developed. The Hawaiian Shores subdivision has land designated for a park; very close to that is a private lot or two between it and Honolulu Landing. Those are undeveloped. Mr. Replogle stated to protect this stretch of coast line, you may have to take Wa`a Wa`a out of it but you could get right around and connect Nanawale Forest Reserve, Honolulu Landing and Waiele up to the 1960 lava flow. Mr. Replogle stated in Kona, they had the big Hokulia dispute. For these people to go in there and say they want one acre agricultural lots, that may not happen. Mr. Replogle stated they don't even want 20 acre agricultural lots; they want to protect it all. Another thing is to get in touch with Na Ala Hele; the trail access system with DLNR and get them to start preparing information on the paved trail and determine now before the developers shows up. A use for this that he's heard is "wilderness park" where you leave it as is. Mr. Replogle stated they need to get together and help the county or whoever acquires the property, to manage it. Mr. Replogle also suggested they talk to the Trust for Public Lands. In this type of thing, you need someone who can sheppard it; someone who's talking to everybody with idea of protecting the whole forested coastline. Mr. Replogle stated they should make a map with colors and mark where the houses are so it's not confusing. Ms. Jones stated her kuleana is Pohoiki. She's currently the president of the Puna Hui Ohana which will be turned into the Puna Hawaiian Civic Club. Ms. Jones asked Mr. Replogle how the Commission could help them. 7 Mr. Replogle stated the Commission will access the information that was given to them regarding the properties and when the new updated list comes out at the end of the year, these properties will be higher up on the list. If they are not, don't stop. Put everything into the Survey forms that you can think of, that helps the Commission decide and access and it could be moved up. Mr. Replogle stated they are not the only people who want to protect their whole coastline. Ms. Schuster stated the same goes for the cultural resources and what the significance is with that parcel. Ms. Schuster stated they if they as a community group are interested in having put on the registrar, they can petition to have that put on the register. Ms. Schuster stated anyone can forward a packet of information to the State Historic Preservation office and have them consider a particular area; you have to have permission of the owner. Ms. Schuster stated if you understand the State Historic Preservation law, even though the site is on the national and state registrars, it does not exclude them from being developed. Ms. Self stated pertaining to the Ordinance, this Commission puts out the list of priority lands but it doesn't stop there. They don't actually pick the lands which will be purchased. The list goes to the Mayor; the Mayor will make his comments and recommendations which will then be forwarded to the Council. The Council decides which lands to purchase. Ms. Self stated the testimony shouldn't stop with this Commission; once the list comes out and if the property does make it on the list, you should continue your support by sending letters to the Mayor and the Council. They will be the ones to make the decision. Mr. Flores thanked the public. It provided the Commission more information and it gives them a better idea how to look at the property. APPROVAL OF MINUTES Ms. Springer stated on page 20, second line should read, "CQ Yee Hop ". Mr. Flores stated on page 19, fourth paragraph down, should read, "Mr. Flores" Commissioner Springer moved for approval of the minutes of September 11, 2006 regular session as amended, seconded by Commissioner Yung and carried unanimously by voice vote. DEPARTMENT OF FINANCE REPORT Nancy Crawford stated the County has already talked to people about Kawa`a Bay; the resolution authorizing the Finance Director to enter into negotiations for that property will be on the Council agenda on October 16, 2006. Ms. Crawford stated that an appraisal has begun on that property but it's not fully completed. Ms. Crawford stated that is the only thing that needs to be completed before other negotiations go forward. The Finance Director has been in contact with the owners. Ms. Crawford stated the Waipio property which has been approved by Council for negotiations back in August; they have an appraisal and an environmental assessment just starting so that will take a while. Mr. Replogle asked if the current landowner is open to allowing the whole process to go forth to which Ms. Crawford replied yes. Ms. Crawford stated the landowner has a realtor representing them and he has authorized entry onto the property for the purposes of the environmental assessment. They have already contracted the environmental assessment which will begin this week. It's like a 60 -90 day process. Mr. Yung asked what was price on the property. Mr. Kaneshiro stated it was 1.5 but it's been now brought down to 1.1. Ms. Self asked if there was a price on the property right now. Ms. Crawford stated she wasn't sure. She only knew they were just starting the appraisal. Ms. Schuster stated the County can't pay more than appraised price. Ms. Crawford stated the new property manager coming to work for the County on November 1, 2006 will be Harry Yada. Mr. Yada will be establishing a division which has a lot of responsibilities; one of which is this Commission. It's still under Finance; it's a new division that's been developed to handle various land activities. Ms. Crawford stated this Commission will be under that division. Mr. Yada is coming from the State; he's very knowledgeable in managing lands. Mr. Kaneshiro stated in a newspaper article about the Rice property, it was mentioned that the Council needs to prioritize what parcels will be purchased. Is that correct? Ms. Crawford replied not that the Council couldn't take some other action but they've really taken all of their action and so it's back in the administrations hands. If you look at the cash funds available right now, there are 2 million dollars set aside for this purpose. Recess taken at 11:36 a. m. Reconvened at 11:45 a. m. WRITTEN COMMUNICATION Ms. Self stated re: Elfie Wilkins; she didn't send in the Survey Form prior to the September 5, 2006 deadline; therefore, it will be considered for the 2007 updated list. Mr. Replogle stated that the letter Mr. Campbell wrote to the Mayor and Corporation Counsel regarding the 2% ballot initiative was a nice letter. M Ms. Self stated that she believes that the Commission has the administration and she believes the Council on their side. Mr. Campbell stated that on the response from Corporation Counsel, he's referred to as the "Chair" and he's seen things like that spiral out of control. Mr. Replogle stated that the Commission received the Kauai's Public Access Survey Form. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self stated that at the November's meeting, the Commission will have to elect a new chair and vice chair. Ms Self asked Mr. Replogle if he would be able to hold over for up to 90 days. Mr. Replogle stated he could. Ms. Self stated they were already reviewing applications. Ms. Springer stated in the previous discussion with the testifier, there was a question to vote for the 2% initiative in its present form. By voting for it, it moves and then the Council can amend it? Mr. Replogle stated that was accurate. He also mentioned that the Council can not amend it and use it as a slush fund. Mr. Campbell stated they already got pledges from five of them. Ms. Self stated that there will be some new Council members. It's also possible that the Commission can go testify to the new Council and encourage them to do the right thing. CHAIRPERSON'S REPORT None OLD BUSINESS • Process and apply Assessment Criteria Sheet to complete intake survey forms received by September 5, 2006 along with reassessing the top twelve from 2006 submittal Mr. Flores recommended the Commission could score all at one time or break into smaller groups. It was decided the Commission would work together as a group. The Commission went into discussions regarding scoring the survey forms. 10 Lunch: 12:36 p.m. Reconvened: 12:52 p. m. NEW BUSINESS • Discuss how report will be completed Mr. Replogle stated the updated list will say Kawa`a, Waipi`o, Punalu`u have had Resolutions made and they are moving forward; however, we are not saying they are not a priority. This will be completed by next month. We will have elections at the next meeting and finish all the stuff for the report at the next meeting. Stacie will then put it together and then send it to Mayor. Mr. Flores stated for the report, we go through the old report for suggested changes or revisions to it. The Commission will then facilitate the process for finishing this. Mr. Replogle suggested that the Commissioners come with those suggestions to the next meeting. Ms. Schuster stated if someone is interested in being the Chairman, please let the Commissioners know. • Schedule a time line for 2007 year. Mr. Kaneshiro asked if the Commission was going out to public meetings next year. Mr. Kaneshiro stated they needed to discuss that and put it on the calendar. Mr. Replogle stated if they do the public meetings with more than 2 Commissioners, they should have their presentation down so when they go to public meetings, they can be specific to the public. Mr. Flores suggested drafting out a sequence for what needs to done next year even if they don't have the dates. Notify the public that the intake process is beginning (probably January). Schedule public meetings and do them. Collect intake forms and begin scoring them (intake year September to September for accepting forms). Mr. Replogle stated as long as the public is clear that June is the cut -off date for this year. Mr. Flores stated that the Commission previously talked about sending notices out to all the previous ones stating that these are the new forms, so there is a potential of having to do a bunch this coming year because of the new assessment process. Ms. Schuster stated the Commission should explore the idea of having some criteria to respond to these forms. 11 Mr. Replogle stated they could do that at the December meeting so it's ready to go in January. Mr. Flores stated in December they could review the assessment and criteria form. Ms. Schuster stated it's more of what constitutes a score of zero, what constitutes a score of 1, when they look at the information. Ms. Springer stated and how much is being based on what's presented on the application and what personal knowledge we have compiled. Mr. Flores stated they could still do revisions. They should revisit the whole form itself and in addition, for the specific points, define more clearly what those points are. Mr. Flores stated that the last time they looked at category and criteria; they need to revisit that and see if it's applicable. Mr. Flores stated re- evaluating the assessment and criteria parts in December would be good. Mr. Flores then stated in January they will notify the public with articles. From January to May they will be doing the public meetings. In June would be when the intake forms are due. From June to September they will be assessing them and finishing the report. Mr. Replogle stated that from June on, the Commission will still be accepting intake forms but they will be for 2008. ANNOUCEMENTS The next meeting is scheduled for Monday, November 13, 2006 at 10: 00 a.m., at the Department of Liquor Control, Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawaii. ADJOURNMENT Commissioner Yung moved to adjourn the meeting; Commissioner Kaneshiro seconded the motion and all members voted aye. The meeting adjourned at 3:30 p.m. 7 R e' ull fitted, tacie T. V�atijen, Secretary 12