Loading...
HomeMy WebLinkAbout2007-08-13 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION August 13, 2007 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Kenneth Kaneshiro Commissioner E. Kalani Flores Commissioner Bill Gilmartin Commissioner Paul Campbell (arrived at 10: 02 a.m.) Commissioner Kim Garcia Commissioner Laura Schuster Absent: Vice -Chair Hannah Springer Commissioner Benedict Yung Deputy Corporation Counsel Amy Self Others Present: Harry Yada, Property Manager, Finance (left at 1: 06 p. m.) Alexandra Kelepolo, Clerk III, Finance Patricia Engelhard, Director, Parks & Recreation (left at 11:49 a.m.) CALL TO ORDER The meeting was called to order by Chair Kenneth Kaneshiro at 10:00 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS IRENE KUBICA Ms. Irene Kubica spoke in support of Communication No. 07 -017 to further the cause of acquiring Honolulu Landing into the public hands. She mentioned that the Department of Land and Natural Resources (DLNR), Historic Preservation Division has never done a survey on this land, which contains gravesites, heiaus, planting and house sites and stresses for the preservation of the land until this can be done. Ms. Kubica stated that there has been lots of pressure for developments on this property which is currently zoned Ag -la. The downfall to this zoning is that the landowner could develop on portions of land under one acre at a time and no permit would be necessary. Basically, no one would know if any historic sites were being destroyed in the process. -1- She highlighted that Honolulu Landing once contained a village and some descendants of the people who lived there in the 1920's and before still utilize this area for fishing and gathering. This area still holds significant religious priorities by the Hawaiian people for the heiaus on the land. Although the property is privately owned, the area is heavily used by the public which is mostly kept clean and has a nice open space for the people to enjoy. Ms. Garcia then asked if they were part of a community association and /or group. Ms. Kubica replied not at this time; however there have been talks within the community. Ms. Garcia stated that the formation of a community group would be helpful in coordinating the efforts for possible management and /or sponsorship monies. Mr. Campbell stressed how critical it is to have a community group in place to help develop a management plan in obtaining federal funds or leveraging other funds for possible acquisition. Ms. Schuster further stated that the community should be encouraged to identify these areas and have an active involvement and not rely so much on the County. By forming a community group that meets the requirements for a non - profit organization or 501(c)(3), they could then apply for funds on their own. Mr. Flores then questioned if the adjacent property was a County park. Ms. Kubica replied that it's under the jurisdiction of DLNR which contains "Sand Hill" and has now been restricted to pedestrian access due to heavy use by recreational bikers. She also noted that the beach road aka "Historic Puna Trail" traversing Tax Map Keys: (3)1-4-03:19 & 20 is in the process of being designated a "National Historic Trail" thereby providing federal funds for maintenance of the road. Chair Kaneshiro thanked Ms. Kubica for her time and effort and did note that Honolulu Landing was listed as number five on the 2006 Annual Report to the Mayor. SARAH MOON Ms. Sarah Moon, spoke on behalf of the Leleiwi Community Association (LCA) for the acquisition of lands in Keaukaha adjacent to James Kealoha Park (Communication No. 07 -016). She grew up in this neighborhood since the 1960's and has seen this "pie- shaped" property which is zoned open, become a haven for drug and alcohol activity in addition to weed overgrowth. Ms. Moon wants the community to get involved by cleaning the property, and in addition provide wholesome activities. Mr. Campbell asked if there have been discussions on the management of this area within their community association. Ms. Moon replied yes. In addition they assist with neighborhood watch and community police. Ms. Elfie Wilkins, also speaking on behalf of the LCA, then added that the association has been trying to obtain the lands since October 6, 2000. -2- Ms. Garcia asked if the association would be interested in managing the area should the property be acquired. Ms. Moon replied that she currently has service projects through the Sierra Club and that they do clean -up projects on various properties to preserve coastal wetlands. She noted that they will discuss this at the next meeting. Ms. Schuster asked whether LCA has spoken with the landowner. Ms. Wilkins replied not yet, as she was a little apprehensive that the landowner would increase the price of the property. Ms. Schuster suggested that they work with the landowner, the State, and the County highlighting community interest in regards to the future condition of the property. Mr. Campbell stressed the importance of the landowner's willingness to sell the property as another option would be to declare the property conservation lands and get possible tax break incentives. Mr. Flores then told Ms. Moon to contact the Trust for Public Lands (TPL) or the Hawaii Island Land Trust to help facilitate or provide expertise for conservation designation of lands. Mr. Flores then asked if the property was currently for sale. Ms. Wilkins replied that the property was owned by the Aina family for about 30 -40 years and the property has since been sold to the Mulier family. VIRGINIA ASTE Ms. Virginia Aste, President of "Puna Friends of the Parks" ( PFOTP) spoke in support of Communication No. 07 -037 for Cape Kumukahi. Accompanying Ms. Aste is Mr. Russell Oda, a landowner of a portion of lands in the proposed area. The property consists of lava accreted lands owned by DLNR, the lighthouse area which is owned by the University of Hawaii and Mr. Oda who owns lands adjacent to the State properties. Ms. Aste feels that these lands would be a perfect site for a large regional park as it is heavily used by the public; however there is no legal access or bathroom facilities. She suggested that by obtaining an access easement through a portion of Mr. Russell Oda's property may benefit somewhat by taking the access away from the lighthouse, cemetery and historic sites. Another suggestion was to possibly create a small boat harbor. Ms. Aste then mentioned that PFOTP is a non - profit 501(c)(3) corporation with a long track record of working with the County, State and various community groups /associations. Mr. Campbell suggested that PFOTP work with Mr. Oda to possibly obtain a conservation easement with TPL. Ms. Aste then asked that the Commission make their recommendation to the Hawaii County Council so that grant proposals could be drafted. Mr. Gilmartin asked if a conservation easement would be for the road or the entire property. Mr. Oda replied that at this time, the conservation designation would be only for the road. -3- Mr. Yada stated that a conservation easement may not be the best avenue as it may not give you use to the property but instead restrict the right to do anything. He then suggested that an easement may be obtained to access the State accreted land area, however in the past, burial sites in the area have been tampered with due to access by the public. He stated that attempts have been made in the past for a proposed park, however, County Parks & Recreation (COH P &R) and DLNR, Division of State Parks (SP) have been resistant mainly because no funding is available for maintenance and management of the property along with a lack of resources. Ms. Aste then asked what would be the "breakthrough" to make this proposal happen. Mr. Yada then replied that the property is protected from development since it is almost entirely zoned conservation and that if COH P &R or DLNR SP is willing to work with PFOTP for the establishment and management of a park then it could be possible. Mr. Campbell suggested that PFOTP possibly write up a management plan, of which he could provide assistance with, due to the lack of resources with the County and State. Ms. Garcia then asked for clarification of whether they were asking for a public access easement and how much lands would be needed. Ms. Aste replied yes, and that the easement would be for approximately 7 -10 acres. Mr. Campbell did note that the area is currently being used by some businesses for commercial operations and suggested that maybe the property could be turned into a park and franchised by private or community groups. Ms. Aste mentioned that the closest example of this would be Malaekahana State Park in Oahu, of which Mr. Gilmartin suggested that she use the management plan for ideas. Ms. Schuster did highlight that Cape Kumukahi was #6 on the prioritized list last year and more interest may be generated if PFOTP work with the public, community and by lobbying private groups for assistance. Ms. Aste concluded by saying that "Puna deserves and needs a regional recreation area." Mr. Flores thanked Mr. Oda for attending the meeting and his willingness to work on negotiations for an access easement. GAIL BYRNE Ms. Gail Byrne spoke on behalf of five organizations who represent almost 400 families in the North Kohala area for Communication Nos. 07 -052 (Kaiholena), 07 -053 (Kukuipahu- Hd'ena), 07 -054 (Pao`o), 07 -055 (Mahukona). Ms. Byrne summarized that in regards to Pao`o, the landowner wants to sell and do a conservation easement to turn over management back to the State, and TPL has been actively involved in submitting applications for funding to National Oceanic & Atmospheric Administration (NOAA) and the DLNR Legacy Land Fund (LLF). Ms. Byrne then referred to the Kukuipahu- Hd'ena Corridor as an amazing place with historic and cultural sites protected by kiawe forests and the nature of the land. The property is currently owned by Parker Ranch who is now willing to sell. However, further discussions with the CEO and beneficiaries of Parker Ranch must still be made on the need for preservation of these lands for the community. She emphasized that this stretch of coastline also consists of the most numerous intact pre- contact sites in the State. Ms. Byrne thanked the Commission for placing Mahukona on the comprehensive list in the 2006 Annual Report. They are now moving forward as five groups in Kohala have already approached Surety Kohala Corporation, offering to buy the area, and are currently in the process of developing a plan with a social architect and planner. In addition, this area contains four heiaus, untouched by modern development, one of which is a navigational deepwater heiau. Kaiholena consists of many historic sites; however access has been very restricted. The 260 -acre parcel has since been subdivided and the community has approached the current landowners to possibly do a conservation purchase. Ms. Byrne stressed that the Commission be made aware of this property which is part of the contiguous corridor and important to the establishment and history involved in supporting the rise of King Kamehameha I. Mr. Gilmartin asked how far back from the coast do most of the sites go. Ms. Byrne replied about a mile back from the shoreline; however some portions may be disturbed by the highway. Ms. Garcia then requested for clarification on whether these requests were for acquisition or public access easements. Ms. Byrne mentioned that Kukuipahu- Ha`ena Corridor and Mahukona would be for purchase and Kaiholena would be for access easement purposes. Mr. Flores asked how the properties would be listed if placed in order by urgency. Ms. Byrne replied that it would be Mahukona, Kukuipahu- Ha`ena Corridor, Pao`o and Kaiholena. Ms. Byrne then emphasized on the 30 -year documented history for preservation of these lands in Kohala and stressed that their community groups have always been in support of open space purchases in the other districts of Hawaii, of which most has a pending legislation. or purchase already completed except for the district of Kohala. APPROVAL OF MINUTES Commissioner Campbell moved for approval of the minutes of July 9, 2007 regular session, seconded by Commissioner Garcia and carried unanimously by voice vote. Discussion with Patricia Engelhard, Director of County Parks and Recreation (Ms. Patricia Engelhard handed out to the Commission documentation for the "Friends of the Park "(FOP) Program and "Parks Community Partnership Program ") (PCPP). She then addressed the Commission that anyone could sign up to clean the parks on a daily, weekly or -5- monthly basis under FOP, of which they are working with many people, however through the PCPP, an organization is required to be a 501(c)(3) or non - profit status. She then mentioned that P &R has partnered with only two groups, Cooper Center in Volcano, and Kama`aina United to Preserve the Aina (KUPA) for the Ho`okena Beach Park and mentioned that they are now working with Ka`u Preservation for Honu`apo. Mr. Gilmartin questioned whether the 501(c)(3) needs to be specific to the park in regards to Honuapo. Ms. Engelhard replied yes and stated that in the case of KUPA, which started out as part of Ka`u Preservation, the County does not want to be tied into something that has political ramifications. Ms. Schuster then stated that in the Commission's duties to identify funding sources primarily for purchase and not necessarily management, asked whether in terms of managing the lands, does concessions at County parks work. Ms. Engelhard replied that they only have one at this time, which is KUPA, a local organization who checks the camping permits and serves as the "Aloha Patrol" for Ho`okena Beach Park. They have been in place since June 1, 2007 and replaced Freeman Guards as of August 1, 2007, and so far there has been no problems. Mr. Gilmartin asked how personal liability is managed in a partnership. Ms. Engelhard replied that most of the groups if under a 501(c)(3) will have a Board that requires insurance protection, however, COH P &R will accept "some" responsibility depending on the situation. Mr. Kaneshiro questioned how the property is going to be maintained after purchase under the 2 percent rule. Ms. Engelhard suggested that since most of the lands requested are zoned Conservation, the State needs to take a more active role by taking the lands after it's purchased. Should the County keep the lands, money for additional staffing and management would be needed. Mr. Flores then asked whether COH P &R is pursuing the ranger program. Ms. Engelhard replied that she's not sure if COH P &R will be responsible, as the Waipio program is currently run by "Friends of the Future" which is a local 501(c)(3) organization. Mr. Flores questioned if COH P &R would be involved in the maintenance of trails or access easements. Ms. Engelhard stated that it is not in their realm of responsibility nor are they regularly staffed; however noted that County Planning Department would be responsible for shoreline access. Ms. Garcia asked if there are any State programs similar to the PCPP. Ms. Engelhard mentioned that the State has more expertise in this area. Mr. Yada further added that the State has an "Adopt -A- Park" program. Mr. Kaneshiro then asked if it would be wise to appropriate monies under the 2 % fund for maintenance of lands acquired. Ms. Schuster added that by doing this it may help to leverage funds from other sources. Ms. Engelhard further stated that it would be helpful for people to know that even if their volunteering, there are funds available. M Mr. Flores questioned if COH P &R staff go down to Ho`okena Beach Park on a regular basis. Ms. Engelhard replied that yes, they go down once a day as the park is already a part of the County system. Should any proposed lands be acquired now under the Commission, volunteers will have to be used. Lunch: 11:50 a.m. Reconvened at 12:28 p.m. WRITTEN COMMUNICATION Communication No.: 07 -016: Suggestion Form received from Bea Larson, President of Leleiwi Community Association re: Mulier [aina] property adjoining Kealoha Park. Communication No.: 07 -017: Suggestion Form received from Mike and Irene Kubica re: Honolulu Landing. Communication No.: 07 -019: Suggestion Form received from Ann Kobsa re: Wai`ele. Communication No. 07 -037: Suggestion form received from Virginia Aste, President of Puna Friends of the Parks re: Cape Kumukahi Regional Park. Communication No. 07 -052: Suggestion form received from Gail Byrne re: Kaiholena. Communication No. 07 -053: Suggestion form received from Gail Byrne re: Kukuipahu- Ha`ena Corridor. Communication No. 07 -054: Suggestion form received from Gail Byrne re: Pao`o. Communication No. 07 -055: Suggestion form received from Gail Byrne re: Mahukona Historical Area. Communication No. 07 -056: Suggestion form received from Robert Ward re: Hawaii Consolidated Railway. Communication No. 07 -057: Suggestion form received from Robert Ward re: West Hawaii Railway. Communication No. 07 -058: Suggestion form received from Robert Ward re: Hawaii Railway Company. Communication No. 07 -059: Suggestion form received from Laura Dierenfield, Executive Director of PATH re: Hawaiian Consolidated. 7- Communication No. 07 -060: Suggestion form received from Laura Dierenfield, Executive Director of PATH re: Old Railroad Way. Communication No. 07 -061: Suggestion form received from Laura Dierenfield, Executive Director of PATH re: Lower Cane Haul Road. Communication No. 07 -062: Suggestion form received from Laura Dierenfield, Executive Director of PATH re: Kona and Ka`u Railway /West Hawaii Railroad. Communication No. 07 -063: Suggestion form received from Laura Dierenfield, Executive Director of PATH re: Judd Trail. Communication No. 07 -064: Suggestion form received from Laura Dierenfield, Executive Director of PATH re: Hawaiian Railroad Company. Communication No. 07 -065: Suggestion Form received from Lance Grolla, re: Shoreline around the entire Island of Hawaii. Communication No. 07 -066: Suggestion Form received from Diane Ware, re: Punalu`u Beach. Communication No. 07 -067: Letter to Pete Hoffman and Members of the Hawaii County Council from Mayor Harry Kim, re: 2006 Annual Report to the Mayor for the Public Access, Open Space and Natural Resources Preservation Commission. Communication No. 07 -068: Letter to the Public Access, Open Space and Natural Resources Preservation Commission from Thomas S. Witten, PBR Hawaii, re: Summarized testimony presented at 7/09/07 meeting for O`oma. Mr. Kaneshiro noted that all communications submitted will be filed. DEPARTMENT OF FINANCE REPORT Mr. Yada informed the Commission that the County is still awaiting the appraisal from Marcia Johnson for Kawa`a. In regards to the Olsen properties, Lea Hong of TPL is still working on an application for a recovery land acquisition program grant based on endangered species. In addition, discussions are now taking place to apply for more funds from the DLNR LLF for possible purchase of the Olsen properties. Mr. Gilmartin asked if the funding sources for these grants being prepared by TPL would be federal or county. Mr. Yada replied that Ms. Hong is applying for federal grants and the remainder of the cost for Kawa`a, would come out of the open space fund. In addition, we are still awaiting feedback from DLNR Division of Forestry and Wildlife (DOFAW) on whether they would be willing to accept a larger role on the management side. -8- Mr. Yada also mentioned that Hawaii County Council Member Dominic Yagong has proposed a resolution to amend the prioritization resolution (544 -06) to have Kawa`a and Waipi`o equally as both the number one priorities. The owners of Waipio have accepted the County's offer of $900,000, and by approving this amendment, the County could close the sale since funds are currently available in the open space fund. Mr. Kaneshiro asked if this was a wise move. Mr. Yada stated that the Council should amend the list based on criteria such as the actual assessment, merit, resource, and value of the property and not on what district the property is in. Mr. Gilmartin mentioned that the problem of adjusting the list is that there could be on -going negotiations for a purchase and should amendments continue, eventually the landowners may not want to deal with the County. Mr. Kaneshiro added that when a resolution is passed to start negotiations for "top" lands on the prioritized list, the purchase should be completed based upon which properties is ready to go and not necessarily in order of how it's listed. Mr. Yada stated that unless there is money available in the open space fund, nothing can move. Ms. Garcia highlighted that some of the suggestions is only for easements and not purchases. Mr. Campbell added that it might cost a lot less to purchase easements. Mr. Kaneshiro stated that maybe, in the case of Cape Kumukahi, Mr. Oda could possibly donate the lands for the easement and in return gain legal access to his property. OFFICE OF THE CORPORATION COUNSEL'S REPORT None. CHAIRPERSON'S REPORT Mr. Kaneshiro suggested that the Commission contact representatives of the Kauai and Maui Open Space Commissions to share thoughts and discuss ideas that may be beneficial for everyone. Mr. Kaneshiro stressed that the Commission coordinate for a site visit of the top properties on the prioritized list possibly with someone who has knowledge and expertise of the lands, and in- corporate that information into the annual report. Ms. Garcia added that the Commission also coordinate with the community groups that submitted the applications to give a site visit of the property. COMMITTEE REPORT Ms. Schuster followed up with a summary of discussions between Ms. Garcia and Mr. Campbell. She suggested that a mailing list be sent to community groups and individual associations requesting ideas for support and identifying local organizations that provide grants to purchase lands to present to the communities which may encourage more public involvement. Another M idea would be to compile a list of groups from each of the districts for volunteers to assist with "hands -on" management of new lands acquired by the County. In addition, create a list of federal programs including National Fish & Wildlife, National Oceanic & Atmospheric Association, National Park Service and Federal Highways Administration, to be considered by the Commission for alternative funding sources. Further, consider having a presentation by representatives of TPL or Nature Conservancy to see what other properties are currently being considered. Ms. Garcia mentioned that the Commission pursues the various "big money" foundations on the island for additional funds. Mr. Flores didn't feel that it was within the Commission's capacity to approach them, but maybe identifying a list of foundations to be considered. Ms. Garcia stated that she wants to discuss and recommend how to utilize the local sponsorship foundations by working through the County. Mr. Yada noted that under the County Code, the Commission cannot be involved with actual acquisition, however he is open to further discussions, and should further research be done to find alternative funding sources. UNFINISHED BUSINESS • Assessment of 2007 Suggestion Forms Mr. Kaneshiro stressed to the Commission that they should be working on the 2007 suggestion forms to be completed and turned in for the September meeting. ('The commissioners went into discussion regarding the Suggestion forms). Discussion of 2007 Annual Report to the Mayor (A "draft" outline of the prioritized list for the 2007 annual report to the Mayor prepared by Mr. Kaneshiro was distributed among the Commission). Mr. Kaneshiro mentioned that this proposed draft would include maps, site pictures and narrative descriptions so that the Mayor would have more information. He asked the Commission to review and provide any comments at the September meeting. NEW BUSINESS • Discussion on whether the Commission can write a letter to the Mayor to release funds for Communication Nos. 07 -049 (Waimea Trails & Greenways Project) and 07 -050 (Waimea District Park) submitted by Mr. Bob Hunter. • Discussion on whether the Commission can write a letter to the Hawaii County Council Mayor to pass Bill #114 in favor of Communication Nos. 07 -048 (Waimea Pu`u) submitted by Mr. Bob Hunter. -10- Mr. Kaneshiro noted that the funds have already been secured and Mr. Hunter is only requesting for a letter of support from the Commission for the Waimea Trails & Greenways and Waimea District Park projects. Mr. Flores mentioned that in regards to the Waimea Pu`u request, he asked that the Commission obtain copies of Bill # 114 for review and suggested that Mr. Hunter's requests be deferred to the next meeting to discuss with Deputy Corporation Counsel Amy Self as this may be out of the Commission's responsibilities. • Discussion of 2007 prioritized list and procedures. Mr. Kaneshiro deferred discussion of 2007 prioritized list and procedures to the September meeting. ANNOUCEMENTS The next meeting is scheduled for Monday, September 10, 2007, 10:00 a.m., at the Department of Liquor Control Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawaii. ADJOURNMENT Ms. Garcia moved to adjourn the meeting; Mr. Gilmartin seconded the motion and all members voted aye. The meeting adjourned at 2:41 p.m. Respectful submitted, Alexandra Kelepolo, Clerk III - 11 -