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HomeMy WebLinkAbout2007-09-10 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION September 10, 2007 Department of Liquor Control Conference Room 75 -5722 Hanama Place, Suite 1107 Kailua -Kona, Hawaii 96740 Present: Chair Kenneth Kaneshiro Vice -Chair Hannah Springer Commissioner E. Kalani Flores (arrived 10:11 a. m.) Commissioner Paul Campbell (arrived 10:21 a.m.) Commissioner Kim Garcia Commissioner Laura Schuster Commissioner Benedict Yung Absent: Commissioner Bill Gilmartin Others Present: Amy Self, Deputy Corporation Counsel Harry Yada, Property Manager, Finance Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Kenneth Kaneshiro at 10:02 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Vice -Chair Springer moved for approval of the minutes of August 13, 2007 regular session, seconded by Commissioner Schuster and carried unanimously by voice vote. WRITTEN COMMUNICATION Communication No.: 07 -069: Suggestion Form received from David Beeman, re: Multiple beaches below Ocean View. Chair Kaneshiro noted that Communication No. 07 -069 will be considered for the 2008 prioritized list since it was received after the deadline for this year. -1- DEPARTMENT OF FINANCE REPORT Mr. Yada informed the Commission that the Waipi`o (Rice property) purchase is currently in escrow and the sale should be closing within thirty days. This action was made possible by the recent resolution (No. 296 -07) made by the Hawaii County Council which amended the prioritized list to have Kawa`a and Waipi`o equally listed as number one. The County is now working internally on the management for Waipi`o once the acquisition has been completed. Mr. Yada also mentioned that Marcia Johnson has accepted the County's offer of $1,920,000 for the purchase of Kawa`a. The 1.2 million dollars from the Legacy Land Fund (LLF) will go towards the sale price and the remaining purchase amount will come from the open space fund. Mr. Kaneshiro asked how much money is available in the open space fund. Mr. Yada replied approximately 3.6 million. Ms. Self then asked Mr. Yada on the status of the Olson properties in Kawa`a. Mr. Yada replied that Lea Hong of the Trust for Public Lands (TPL) is working on a draft grant agreement to U.S. Fish and Wildlife for approximately 1 million dollars towards the acquisition. Mr. Yada also suggested that they go back to the LLF in 2008 to apply for additional funds for the purchase. Mr. Yada then mentioned that we are still awaiting a response from Mr. Olson on what the cost would be for all three parcels combined and further stated that the prospects are looking good. Mr. Yung questioned the condition of having Mr. Abel Lui on the property. Mr. Yada stated that the County will work on this when the sale has been completed. Ms. Garcia then suggested that they have traditional caretakers create and establish themselves as non - profit organizations to possibly manage the property. Mr. Yada then mentioned that the Hawaii County Council passed three more resolutions for acquisition purposes (Honolulu Landing, Wai`ele, Cape Kumukahi) which were all on the list. However, the latest request for acquisition of Ocean Park, introduced by Council Member Emily Naeole, was filed with no action due to disagreements and inconsistent use. Mr. Yada mentioned that he met with some members of the Hawaiian Shores Community Association and informed them to submit the necessary paperwork to get the property on the list. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self addressed the Commission about the possibility of properties on the list ever being a threat to the landowners. She said that there is no concern with the list created by the Commission because neither the Commission nor the Mayor has authority to select lands on the list to be purchased. Also, there doesn't appear to be any threat to landowners when the Council passes a resolution to authorize the administration to negotiate purchase of property from the Priority List either, because a resolution does not have the force or effect of law. -2- CHAIRPERSON'S REPORT Mr. Kaneshiro thanked Mr. Yada for the good news on Waipi`o and Kawa`a and hope that the Commission can work together with the Mayor and Council to highlight the sale in the newspaper once it's been completed. He also noted that Mayor Kim communicate with the public on the success by creating the Commission. Mr. Kaneshiro then thanked everyone for their hard work. Mr. Kaneshiro mentioned that when he testified at a Council meeting, Council Member Pilago asked him how they could prioritize properties. Mr. Kaneshiro then suggested that the Commission write a letter to the Council stating that if a property is ready for purchase, as long as it's within the list, should be processed regardless of whatever number it's listed as. Mr. Kaneshiro then asked Ms. Self if the Commission can make this recommendation to the Council. Ms. Self stated that because the Commission is only an advisory to the Mayor, the Council should be able to prioritize the properties as they feel necessary. Mr. Yada commented that since the Commission, four resolutions have already been passed for an estimated 20 million dollars in property value and asked that the Commission seek the Council's input on whether you could just buy properties already on the list if it's available. He stated that in the situation of Punalu`u, Council Member Yoshimoto commented on whether the Council could take the entire list and authorize purchase of any of those properties. Mr. Yada concluded that if you have a list of properties ready for purchase it may be an incentive to the landowners to get the sale done. Ms. Garcia added that they should take into consideration if the applicants only want an easement or public access instead of acquisition. Mr. Kaneshiro mentioned that they have not yet decided on whether two lists should be done for easements versus acquisitions. Mr. Yada commented that the Council does not control the open space fund, they only approve the resolutions. Mr. Flores stated that he concurs with Council Member Yoshimoto's request which gives more flexibility to pursue another property that is readily available. Ms. Springer noted that once the list is approved, then the availability of the property would determine the priority. Mr. Kaneshiro mentioned that this could be included as a recommendation in the report to the Mayor. Mr. Campbell stressed on how important it is to keep in mind that the monies in the open space fund can be used for the leverage of additional funds through TPL, LLF or other federal agencies. Mr. Kaneshiro then expressed the importance of how the property will be managed after the County acquires the property. Ms. Schuster then suggested that the Commission make a recommendation in the annual report and maybe someone in the Council can identify the need to encourage the community for solutions while keeping within the County ordinances. Ms. Self further noted that under Section 2 -218 of the Hawaii County Code, it refers to adequate staff to manage properties owned by the County. -3- Mr. Yada added that community groups may be interested but they may not have the resources necessary and suggested that the County use a part of the open space fund to maybe have a consultant create a management plan while asking for volunteers to implement this. Mr. Campbell asked if this could be done in- house. Ms. Self replied that as the code is presently written, you could not use the open space fund for management or maintenance of the lands purchased with the open space fund. You would have to amend the code to allow the fund to be used for that purpose. Maybe the Department of Finance would want to introduce a bill to make such an amendment. She further suggested that this could be added into the report. Mr. Flores then stated that an Environmental Assessment (EA) or archaeological survey would need to be done first before a management plan. Mr. Yada added that if you are purchasing vacant undeveloped land, an EA wouldn't be required. Mr. Yada stated that in the case of the Olsen properties consisting mostly of lava lands, historic sites and ponds, there is no vision of future development, maybe on the Johnson property. He suggested that a natural resource management plan be implemented for the Olsen properties. Ms. Schuster added that actions may have adverse affects in terms of the County and suggested that both properties should be combined for natural resources and cultural preservation purposes. COMMITTEE REPORT Ms. Schuster mentioned that a summary of the Special Funding Opportunities Committee Report will be handed out to the Commission. Mr. Campbell then noted that all avenues should be explored to obtain additional funding for the acquisition of properties. Ms. Garcia suggested using the federally funded resources, and gathering information to give to the community groups for them to follow -up. Ms. Garcia added that maybe a list of funding resources be made. Ms. Schuster suggested that more public outreach to the community is needed to encourage involvement. Ms. Springer then mentioned that a directory of these providers /and or resources could be included on the Commission website. She also suggested that the Commission work with TPL and The Nature Conservancy (TNC) to host a workshop inviting the various groups and associations to work and develop receivers within the community. Mr. Yada added that TPL and TNC would be a better sponsor since that is their mission, as he already met with them on discussing the management issues and development of receivers. Ms. Springer asked how the Commission does this. Ms. Self suggested that they discuss with Mr. Michael Katz of the Hawaii Island Land Trust to see if he would be interested in attending a future meeting and include in the newspapers to also invite the public for community input. Mr. Campbell questioned whether the Council can use the discretionary funds. Ms. Self replied that grants are awarded annually in January and that the groups must be a 501(c)(3). She further stated that discretionary funds have to be processed through a program already being run through a County agency. Recess: 11:21 a.m. Reconvened. 11:31 a.m. UNFINISHED BUSINESS • Assessment of 2007 Suggestion Forms. Mr. Flores noted to the Commission that everyone should be done compiling their final totals on the 2007 suggestion forms list. He then suggested that everyone break into groups to work on this. The commissioners went into discussion regarding the Suggestion Forms. Mr. Flores then mentioned that all completed lists must be submitted to Ms. Kelepolo by Friday, September 14, 2007 to compile all totals and prepare a draft list to be given to the Commission at the October meeting. Mr. Kaneshiro then questioned on whether the Waimea Trails & Greenways suggestion form submitted by Mr. Bob Hunter needs to be assessed since all he wants is the Commission to write a letter to the Mayor to release the funds which have already been approved. Mr. Flores replied that it still needs to be assessed since it was submitted for 2007. Mr. Kaneshiro stated that the funding for this project has already been approved. Ms. Self stated that the Commission has no control over releasing of funds. • Discussion of 2007 Annual Report to the Mayor. (Mr. Kaneshiro passed out a report to the Commission for review from Mr. Gilmartin). Ms. Springer then asked if the priority parcels are the top five and asked about visuals to be included for the top properties on the list. Mr. Flores then updated the Commission that Mr. Gilmartin extracted information from discussion of prior meetings contained within the minutes. Mr. Yada mentioned that he can help with the visuals once the top properties are determined. Ms. Self commented on the section that references to landowners blocking public access and suggested that the public contact the Department of Public Works to resolve this issue. • Discussion of 2007 prioritized list and procedures. Mr. Kaneshiro moved this discussion to the October meeting. -5- 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. Ms. Self questioned if this was even within the jurisdiction of the Commission. Ms. Garcia noted that a letter of support for the project should at least be submitted. Ms. Schuster added that maybe after the property is assessed then the Commission can send him a letter. Mr. Yada stated that this is outside the scope of the Commission, and recommends that they don't get involved. Ms. Springer then suggested that a letter go to Mr. Hunter indicating that it's outside of the Commission's jurisdiction. Mr. Kaneshiro questioned why the suggestion forms should be assessed if the funding is already available. Mr. Yada stated that in the future there could be room for the open space fund to acquire portions of the trail, but not at this time. Motion: Commissioner Schuster moved that the Commission approve of Commissioner Springer writing a letter to Mr. Bob Hunter regarding Waimea District Park and Waimea Trails & Greenways informing him that the Commission is considering the submissions under the Commission guidelines and that it's out of the Commission's jurisdiction. Ms. Springer seconded the motion. All members voted aye, motion carried. • 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. Ms. Self mentioned that Bill 114 has already been passed by the Hawaii County Council so no further action needs to be taken. NEW BUSINESS Preparation of a schedule for completion of 2007 Annual Report. Mr. Kaneshiro suggested that a draft be done by mid - November so that site visits can be set -up for the top properties on the list. Mr. Flores noted that the draft prioritized list be done by the October meeting so that it can be circulated to the various departments (County Planning, Parks & Recreation, Finance) for review and input. This information will be incorporated for the report in its' final draft in November and finalized in December. • Discussion with Deputy Corporation Counsel Amy Self on whether the Commission can write a letter to the Kauai PONC to obtain information on their activities. Mr. Kaneshiro addressed Ms. Self that maybe both Commissions can benefit from one another and share thoughts and ideas which could be beneficial. Ms. Self stated that there is no problem with this and mentioned that Mr. Dave Caylor still intends to have Ms. Self and the Chair attend one of their meetings in the future. Mr. Kaneshiro then asked about the Maui Commission. Ms. Schuster replied that Maui's Open Space fund is under a certified local government out of the f� Planning Department and that they have no Commission. Mr. Kaneshiro noted that he will draft a letter to the Kauai Open Space Commission. ANNOUCEMENTS The next meeting is scheduled for Monday, October 8, 2007, 10:00 a.m., at the Department of Liquor Control Conference Room, 101 Aupuni Street, Suite 230, Hilo, Hawaii. ADJOURNMENT The meeting was adjourned at 12:47 p.m. by Chair Kaneshiro. Respectfully submitted, Alexandra Kelepol , Clerk III -7-