Loading...
HomeMy WebLinkAbout2007-04-09 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION April 9, 2007 Department of Liquor Control Conference Room 101 Aupuni St., Suite 230 Hilo, Hawaii 96720 Present: Chair Kenneth Kaneshiro Vice -Chair Hannah Springer Commissioner Paul Campbell Commissioner E. Kalani Flores Commissioner Bill Gilmartin Commissioner Benedict Yung Absent: Commissioner Laura Schuster Others Present: Amy Self, Deputy Corporation Counsel Karen Delimont, Secretary Harry Yada, Property Manager, Finance Irving Kawashima, Na Ala Hele Specialist DLNR Clement Chang, Na Ala Hele Specialist DLNR CALL TO ORDER The meeting was called to order by Mr. Kaneshiro at 10:02 am. STATEMENTS FROM THE PUBLIC AGENDA ITEMS None APPROVAL OF MINUTES Motion: Commissioner Flores moved for approval of the minutes ofMarch 12, 2007 regular session, seconded by Commissioner Springer and carried unanimously by voice vote. DISCUSSION WITH IRVING KAWASHIMA, NA ALA HELE SPECIALIST WITH THE DEPARTMENT OF LAND AND NATURAL RESOURCES, DIVISION OF FORESTRY AND WILDLIFE Mr. Kawashima introduced himself to the Commission. Mr. Kawashima stated that the Na Ala Hele is the State of Hawaii trail and access program established in 1988 in response to the public concern about the loss of public access to certain trails and the threat to historic trails from development pressure. Na Ala Hele has become increasingly engaged in trail management and regulatory issues due to both public and commercial recreational activities and emerging legal issues. Na Ala Hele is administered by the Division of Forestry and Wildlife- Department of Land and Natural Resources. Mr. Kawashima stated the administrative directives of Na Ala Hele are to regulate activity for specific trails and accesses, conduct trail and access inventory and classification, investigate potential and needed trails and accesses, examine legal issues associated with trails and access, act as point of contact for trail and access information and issues and conduct trail and access advisory council meetings. Mr. Kawashima stated the primary management activities are to construct, restore and maintain trails and access roads through utilization of staff and partnerships with community volunteers. Mr. Kawashima stated there were certain preexisting laws that were passed on and incorporated into what became laws of the U.S. Territory, and then ultimately, of the State. In relation to trails, the following two citations describe the legal tools used by the Na Ala Hele Program to identify and possibly claim public ownership of specific features: The Highways Act of 1892 In October of 1892, Queen Liliuokalani approved law that determined that the ownership of all public highways and the land, real estate and property of the same, shall be in the Hawaiian Government in fee simple. The definition of public highway includes all existing trails at the time or hereafter opened, laid out or built by the Government, or by private parties, and dedicated or abandoned to the public as a highway, are hereby declared to be public highways. Furthermore, all public highways once established shall continue until abandoned by due process of law. Chapter 264 -1(b), Hawai`i Revised Statues MRS) All trails, and other non - vehicular rights -of -way in the State declared to be public rights - of -way by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as non - vehicular public rights of way at any time hereafter, or in the future, are declared to be public trails. A public trails is under the jurisdiction of the State Board of Land and Natural Resources - unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county. All State trails once established shall continue until lawfully disposed of pursuant to Chapter 171, HRS. Mr. Kawashima stated what this means is that if the State can document the existence of a trail prior to 1892, and the feature has not been disposed of pursuant to Chapter 171, the State may claim the trail. This would apply even if the trail does not currently exist on the ground physically- in many instances trail sections have been destroyed over time, due to various land uses or natural process. Mr. Kawashima stated they have an inventory of all the trails on the Big Island, they also have a list of trails that they call Na Ala Hele Program Trails and these are the trails which are open to public use; that list is located on their website. 2 Mr. Flores asked how would the County of Hawaii Planning Department know of any trails applicable to the Na Ala Hele list; if they are in the permitting process. Mr. Kawashima stated the County currently sends development applications to Na Ala Hele and they perform research on that parcel to determine if there are trails in existence on those parcels and if those trails meet the criteria set by the Highways Act of 1892. It is possible for the County to issue a permit not realizing there is a trail on the land. Mr. Kawashima stated the County has a shoreline access plan that shows some of the ancient trails that are not meeting the Highways Act. If it shows up, the County calls them to see if those trails meet the Highways Act. Mr. Kawashima stated there is no formal agreement between the County and the State notifying Na Ala Hele of land uses or development. Ms. Springer asked Mr. Kawashima if there was anyway that this Commission could kokua them through this Commission's focus on access ways and advocating for acquisition of lands. Ms. Springer stated that many people in the public might look at this Commission's primary purpose to identify lands for the County of Hawaii to acquire however this Commission can also advocate for access easements. Mr. Kawashima stated if the landowner was agreeable to selling that portion of his land for public access, the County could help with that. Mr. Kaneshiro stated this Commission could also focus on getting easements for public access instead of just acquiring properties. He would like to see this Commission work with the County to get the easements. Mr. Kawashima expressed that there are issues of maintenance and liability. For example, if a trail goes through someone's property and it turns out to be a state owned trail, the state picks up the liability. In regards to maintenance, Mr. Kawashima stated they try to get the land owner to help with the maintenance through a Memorandum of Agreement where they agree to help maintain the existing trails with Na Ala Hele. Their funding fluctuates and public trails are not opened until safety and supporting structures are in place. There are State owned trails that are land banked until there are funds available to bring them into the program. A general fund and two special funds facilitate the Na Ala Hele program; the gas tax (motorized use for trails and roads) and commercial permits. The program is currently staffed by two personnel. Ms. Springer stated in the list of sites that the Commission submitted to the Mayor for consideration, most of the top ten were for acquisition. However, there were two properties Pohue Bay and `O`oma were the nominations recommend that we acquire easements for protection of coastal and cultural resources and shoreline access. Ms. Springer asked Mr. Kawashima if he had any thoughts on this. Mr. Kawashima stated he was not familiar with `O`oma but with Pohue Bay, it's a very significant part of the island that hasn't been developed. 3 Ms. Springer stated `O`oma is located between the Natural Energy Lab and the Kaloko- Honokohau National Historic Park. The coastal trails also falls within the Alakahakai designation; the federal designation. Should we be in discussion with Na Ala Hele or the federal program. Mr. Kawashima stated both because they are currently in the process of transferring the Alakahakai over to the National Parks Service; they are in the draft stages of the MOA. Mr. Yada stated there are some situations where a landowner is not necessarily applying for entitlements but there are trail issues. In those types of situations, there is an opportunity for participation with the County's fund and programs such as Na Ala Hele. Mr. Yada stated his concern that they might be dealing with is the management issue. Mr. Yada stated it's one thing to have an access but to have an entity overseeing some kind of maintenance. Public Works doesn't maintain trails; they do roads. Mr. Yada stated there was nothing stopping Na Ala Hele from submitting an application of trails. Mr. Flores stated it could be a parcel of land that might serve as a trail head for what Na Ala Hele thinks is important for acquiring but the State might not have the total funds. The County could acquire a partnership or in the entirety a parcel that would help facilitate the trails program as well; such as a parking parcel. This Commission could help with identifying that and bringing it to the County's attention. Ms. Springer stated the public has brought up maintenance issues. Ms. Springer stated the public's feeling is that it's "poho" to add more lands deserving of management when we already can't manage what we have. Part of management is inventory work to ascertain the nature of resources. Ms. Springer stated the ordinance doesn't anticipate survey or maintenance work unless it reaches the point of nomination. WRITTEN COMMUNICATION Communication No. 07 -003: Letter to Council Chairman Pete Hoffmann and Members of the County Council from Mayor Harry Kim re: nomination of Kim Garcia of Council District 7 to the County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission. The communication was reviewed and accepted by the Commission. DEPARTMENT OF FINANCE REPORT Mr. Yada stated there was no progress to report on the Johnson property (Kawa`a). In the next week or two he will meet with Olsen's group in regards to the other TMK's in Kawa`a. Mr. Yada stated he went on a field trip to Kawa`a with Leah Hong (Trust for Public Lands), Sherry Mann (Forestry Acquisitions), and Molly Smith (State Legacy Land Fund) last week. Mr. Yada stated no members have yet been appointed to the Legacy Land Commission. Mr. Yada stated the County had previously submitted a grant application to the Legacy Land fund for Kawa` a. in Mr. Yada stated the extension granted regarding the County's Waipi`o offer will expire at the end of April. The County offered around $900,000.00 for the property, but the owners wanted at least $1.2 million. The owners are corresponding with other organizations to see if they can make up the difference in the values. Mr. Flores stated that certain packaging or tax incentives may be a way to make the purchase more attractive to the owners. Ms. Springer suggested that the progress of Waipi`o Valley be closely followed and perhaps there should be a procedure established for properties that fall off the list. The ranking of the property may change and this would affect its ranking on the list. Ms. Self indicated that the Code specifies that the list must be updated by December 31st of each year, but that the list can be updated at any time. If the property becomes unavailable it can be deleted from the list. The new list could be sent to the Mayor with a cover letter indicating that the listing has been updated and the reasons for the deletion. Mr. Yada said that the Commission should be aware that Councilperson Ford's office is working on amendments to the ordinance. Some considerations were sent to Finance for comments, but it is not known what the amendments will be. One consideration was to create a grant program out of the fund. There may be problems with having a grant program and an acquisition program running at the same time. The State Legacy Land Fund operates as a grant program. Our program and possibly Kauai is a direct acquisition fund. The intent of the changes may be to facilitate funding from different sources. It will not facilitate a quick acquisition program. One issue to the proposal was that the appraiser be an MAI. An MAI is a certification program for appraisers that are pretty rigorous and educational. An MAI would be more expensive. All federal acquisitions are done by a yellow -book appraiser, perhaps a certain format or training program that the federal government requires of the appraisers. Mr. Yada suggested that as properties are nominated for acquisition that the information should be forwarded to him and he will utilize the GIS program to prepare a graphic presentation for the Commission. Mr. Kaneshiro expressed concern with the high cost of property in Hawaii that the acquisition of parcels may become more difficult. Mr. Yada said it would depend on the owner. In the case of Kawa`a, the owners were willing to sell the property for what they bought it for. It will depend on the owner and what their situation is. Currently the values of land are dropping and there will always be market changes. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self said she would track the progress of the draft Bill for the amendments to the 2% Ordinance. When the bill comes before the Finance Committee for consideration, she will report to the commissions the findings of the Council. Ms. Self has invited Chris Yuen to speak before the Commissioners. She will continue to try and schedule him to speak at a future meeting. CHAIRPERSON'S REPORT Mr. Kaneshiro stated he recognized the difficulty that the Commission has had in maintaining a quorum and he extended his thanks to the dedication of those who continue to attend and participate in the public meetings. UNFINISHED BUSINESS • Discuss with the Commission the need to adopt a rule regarding notification of property owners on the priority list. Ms. Self requested that this item be postponed to the next meeting. This will allow her time to discuss it with other attorneys and to decide the correct approach to the issue. • Discussion of format regarding the report for December 2007. Mr. Kaneshiro stated when the Commission sends the list to the Mayor enough information needs to be provided so they can make a decision using the information that is given. Some of the things discussed were site visitation, getting GIS maps showing site locations, and pictures. Mr. Kaneshiro stated the Commission should also look at how they could leverage the funding by working with other entities to acquire land or easements. Mr. Yung expressed concern about how the Commissioners could meet to do site visits and not have it constitute a public meeting. Ms. Self stated that as long as the Commissioners do not discuss voting issues, that would be acceptable. The purpose would be to gather information, but not discuss the issues that would come before the Commission. Mr. Gilmartin liked the idea of site visits, and submitting maps and pictures to the Mayor. He expressed concern that the groups are also limited to appraised value for purchase. Perhaps a private donor could contribute money, but non - profits or public groups will not be able to help with acquisition when the price is over the amount of the appraisal. Mr. Yada stated most non - profit or government groups would be limited to the appraised value. Ms. Springer suggested there may be members of the realtor profession who advocate for public land and open space. A representative with that type of thinking might be a good guest to invite. 31 Mr. Yada stated if you have a private realtor involved in the transaction, then that adds another component to the matter. They could donate back part of their commission to make up the difference. Ms. Springer asked that the report attachments be tabbed. She inquired if it had been decided how the presentation of the tables would be done. Mr. Kaneshiro indicated that it was decided that the acquisitions and access of properties would be color coded. Ms. Springer asked if a conclusion had been determined and if everyone was satisfied with the decision on how it would be presented. Mr. Flores indicated that a draft copy should be done and a review can be done at that time, a one -page cover letter. Once it is drafted the Commission can finalize the draft and adjust or revise it at that point. NEW BUSINESS: • Report from Commissioners on community meetings. Mr. Kaneshiro stated that it may have been too early to conduct his public meeting. He stated that he called a number of people to attend however only two people attended. He expressed concern that there may have been problems with the location and timing. He will continue to contact people and request that they resubmit their forms. A suggestion would be to prepare a status report to the Mayor at the end of the year. Many people are interested in the work of the Commission and the Commission has a duty to keep them informed. Ms. Self suggested that they may want to wait a year before going out and conducting more meetings. Ms. Springer had no attendees at her first meeting. She said she did not do outreach. She felt it might have reflected the success of the monthly meetings and the electronic access that is available to the public. Five people attended the next meeting that took place at the Mayor's office. All the individuals were from the Kona Community Development Planning Process. There were several inquiries about procedure. One was whether the completed original forms would be available for public viewing or just the information. Ms. Self said that the information could be, but personal information would have to be redacted. Ms. Springer stated the second question was how often are the funds replenished and how. The 2% process is in place, but how is it processed. 7 Mr. Yada stated that the county funds are internally transferred from the real property tax fund to the special fund. Mr. Yada stated he wasn't totally familiar with the procedure, but was fairly certain that the funds would be allocated but not kept in a separate bank account. Whatever funds are distributed to that account is available. As the tax collections are made the 2% will be added to that line item. Ms. Self stated that the funds are allocated twice a year after the collection of the real property tax. The article states that funds shall consist of monies from 2% of real property tax values collected annually including penalties, and the next section states that each fiscal year the Council shall appropriate $250,000.00 to the fund. Another question posed to Ms. Springer was whether the Commissioners were allowed to submit nomination forms. She indicated that the Commissioners did not, but encouraged the public to participate. The follow up question was if there were circumstances in which the Commissioners must recuse themselves from voting on a nomination. Ms. Self stated that only if you have a personal monetary interest. Otherwise, nothing prevents the Commissioners from submitting the forms, but under the Code of Ethics, if you stand to gain personally, then you need to disclose that. Ms. Self said that since the Commission was created by Ordinance they do not fit the description of either an officer or employee and therefore may not be governed by the Code of Ethics in the Charter. This commission is advisory only. It still doesn't mean that they should not be aware of it. The administration would want everyone to follow this Code. Mr. Yung reported that only one person attended his meeting in Keaau, and one person attended his Hilo meeting. Mr. Flores conducted a meeting on April 4th at the Waimea Community Center from 6:00 p.m. to 7:30 p.m., 12 people attended. He felt the lack of participation may have been because there was a lack of publicity about the meeting or an untimely listing of the meetings in the newspaper. He said that most people had attended because of an e -mail broadcast. Mr. Yada suggested that if it is practical, it may be wise to select one date on which to hold all meetings concurrently in separate locations. One of Mr. Gilmartin's meeting was slated for this evening, but the newspaper had neglected to print the location of the meeting, so he was not expecting much response. • Create a mailing database and a letter to members of public who previously submitted Suggestion Form, asking them to re- submit revised Suggestion Form. It was decided that a database be created in excel that includes the application date, first name, last name, address, city, state, zip code and email address. The deadline for receiving the new forms is June 29, 2007, so the notice needs to be sent out by the next meeting. Motion: Commissioner Springer moved that the Commission approve of Kalani drafting a notice to be distributed to previous suggestion form submitters, and that he give that draft to Harry for distribution. Commissioner Yung seconded the motion. All members voted aye, motion carried. ANNOUCEMENT: The next meeting is scheduled for Monday, May 14, 2007 at 10:00 a.m., at the Department of Liquor Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua- Kona, Hawaii. ADJOURNMENT: Motion: Commissioner Springer moved to adjourn the meeting; Commissioner Yung seconded the motion. All members voted aye, motion carried. Meeting adjourned at 12:35 p.m. Respectfull s ted, Jaren Delimont, Secretary 9