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HomeMy WebLinkAbout2007-10-08 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES- REGULAR SESSION October 8, 2007 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Kenneth Kaneshiro Vice -Chair Hannah Springer Commissioner E. Kalani Flores Commissioner Bill Gilmartin Commissioner Paul Campbell Commissioner Kim Garcia Commissioner Laura Schuster Commissioner Benedict Yung (left at 12:05 p.m.) Deputy Corporation Counsel Brooks Bancroft Absent: Deputy Corporation Counsel Amy Self Others Present: Harry Yada, Property Manager, Finance Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Kenneth Kaneshiro at 10:00 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Vice -Chair Springer moved for approval of the minutes of September 10, 2007 regular session, seconded by Commissioner Schuster and carried unanimously by voice vote. WRITTEN COMMUNICATION Communication No.: 07 -070: Suggestion Form received from Eileen O'Hara, re: Ocean Park. Chair Kaneshiro stated that this communication will be withdrawn from the agenda at the request of Ms. O'Hara due to legal concerns and will not be considered for the 2008 prioritized list. Page 1 of 6 Communication No.: 07 -071: Letter to Mr. Robert M. Hunter from Kenneth Kaneshiro, Chair, Hawaii County Public Access, Open Space Natural Resources Preservation Commission, re: Suggestion Forms for Waimea Pu`u (Comm. No. 07 -048); Waimea Trails & Greenways Project (Comm. No. 07 -049) & Waimea District Park (Comm. No. 07 -050) Mr. Kaneshiro thanked Ms. Springer for drafting of this letter to Mr. Hunter. Communication No.: 07 -072: Letter to Ms. Johanna Ventura, Chair, Kauai Public Access, Open Space & Natural Resources Preservation Fund Commission, from Kenneth Kaneshiro, Chair, Hawaii County Public Access, Open Space Natural Resources Preservation Commission, re: Request for updated information on the Kauai Commission. Mr. Kaneshiro informed the Commission that this letter was sent to request for any updated information and to share ideas with the Kaua `i Commission. DEPARTMENT OF FINANCE REPORT Mr. Yada informed the Commission that the purchase of Waipi`o will be tentatively closing on Friday, October 12, 2007. He suggested that in regards to media publication of the good news, that the Commission work with Janet Snyder of the Mayor's office to prepare a press release after escrow has closed and the sale has been completely finalized. In regards to the Kawa` a parcels, the Johnson property is currently on hold due to disagreements between landowners. Mr. Yada stated that they will be meeting next week to hopefully resolve their issues and come to an agreement between the partners. However, for the Kawa`a parcels owned by Mr. Olson, an offer letter was sent conditioned upon obtaining grants from both federal and state sources. The County is hoping that he will accept their offer or provide some kind of indication on the purchase price. Mr. Yada further noted that Ms. Lea Hong of the Trust for Public Lands (TPL) helped to prepare both grant applications to Department of Land and Natural Resources (DLNR) Legacy Land Conservation Program and U.S. Fish and Wildlife for the Olson properties. Mr. Campbell asked if the Legacy Land Fund grant monies are contingent upon management plans already being in place. Mr. Yada replied that he is still awaiting significant feedback from DLNR, Division of Forestry and Wildlife on their willingness to help on the management side. Mr. Yada also mentioned that based on a legal opinion from Corporation Counsel, open space fund monies cannot be used for management purposes. As an alternative the County would need to budget for management in the general fund or amend the ordinance to allow for the funds to be used for that purpose. Ms. Garcia suggested that they advertise through media publication to community groups with non - profit status to make them aware that they can apply for management of acquired properties. Mr. Campbell mentioned that he spoke with Council Member Emily Naeole who expressed willingness to talk more about the use of her discretionary funds for management plans. He further suggested to the Commission that another possibility would be to contact the council members in their respective districts. Page 2 of 6 Mr. Yada stated that in preparation of the 2008 budget, he may need to include additional funds for the management and maintenance of properties acquired. Mr. Kaneshiro noted that there have been discussions to have the Hawaii County Council amend the two percent rule to allow for some of the open space funds to be used for management and maintenance. He further suggested that the Commission write up a proposal and /or include a write -up in the annual report to the Hawaii County Council to possibly use some of their discretionary funds. Mr. Gilmartin expressed that he has mixed feelings towards this idea since the original intent was to purchase, they could easily get into a situation where the money goes towards management instead of purchases. He stressed that it should only be short-term, possibly for a year or two just to get started. Mr. Kaneshiro mentioned that only a certain percentage could go towards management which could be transferred over to a non - profit organization to assist them with management of the properties. Mr. Yung expressed that he agrees with Mr. Gilmartin and noted that the funds should be used strictly for acquisition, open space and resource management. Ms. Springer suggested that the discussion of the management issues could be included in the annual report since it's been a deep concern in the community. Ms. Schuster expressed that she likes the idea and feels that it is very important to include the management issues in the annual report. Mr. Yada also mentioned to the Commission that the District 3 position is still vacant and also noted that Mr. Kaneshiro (District 1) and Mr. Yung's (District 4) term will expire on December 31, 2007. He addressed the Commission to be aware of this and to let him know if they can think of anyone to fill these seats. CHAIRPERSON'S REPORT Mr. Kaneshiro thanked Ms. Kelepolo and the Commission for completing the initial drafting of the prioritized list to be submitted to the Mayor. He mentioned that additional meetings may need to be scheduled in November and December in order to complete the list and annual report. He also emphasized about the possibility of site visits for the top properties on the list to improve the report and include more information. COMMITTEE REPORT None. UNFINISHED BUSINESS Page 3 of 6 • Assessment of 2007 Suggestion Forms Mr. Kaneshiro asked the Commission if they were able to review the draft list which tabulates the scoring of the commissioners for all properties submitted. Mr. Campbell expressed his concerns over the large discrepancies between the scoring for certain properties and suggested that some of the properties be re- scored. He felt that this was a major concern. Ms. Schuster stated that there will most likely be discrepancies because the scores were based individually and she feels that it's okay. Mr. Flores commented that it's not a major concern since the scoring was done among a majority of the commissioners. Ms. Springer added that previously since it was done in small groups there was less personal accountability and this draft shows the individual scoring of each commissioners which is easier to track. Mr. Kaneshiro commented that some of the requests submitted may never have high scores and suggested that maybe they need to be separated between acquisitions, buffer zones and public access easements. Mr. Yada noted how that situation is a good illustration of why purchasing for public access through a private property versus acquisition may be harder to negotiate due to various issues. Mr. Kaneshiro added that these are some of the issues that should be taken into consideration when scoring next year's request. Mr. Gilmartin stated that regardless of what the requests are for, the public needs to submit a complete packet with more information to meet the scoring criteria of the Commission. Mr. Flores commented that this is an initial screening process and the Commission should avoid the ranking and look at the properties in detail which could change later despite the percentage. Discussion of 2007 Annual Report to the Mayor (The commissioners went into discussion of the 2007 Annual Report to the Mayor.) • Discussion of 2007 prioritized list and procedures. (The Commissioners went into discussion regarding the 2007 prioritized list and procedures.) Motion: Commissioner Flores moved that the Commission consider looking at the properties with a criteria score of 70 percent or higher on the comprehensive list submitted for 2007 for this year's evaluation process for the prioritized list. Commissioner Springer seconded. All members voted aye, motion carried. Page 4 of 6 (Mr. Abel Simeona Lui, Kohanaiki of Kawa `a, Moku O Keawe Ohana, addressed the Commission on his concerns in regards to Kawa `a). He told the Commission that it's not their job to make decisions concerning the lands in the Kingdom of Hawaii. These kuleana and royal patent lands are family's and ancestor lands and the Commission has no say over lands that are not theirs, and is therefore trespassing. He further added that these lands were never for sale, and the Commission has no right to purchase. (Professor Ah Lui introduced herself as ohana makua, body politic and head of the family on behalf of lands in Kawa `a). She told the Commission that they are negotiating lands that have no clear title and stated that it is a "malicious intent" to remove her brother, Mr. Abel Lui from lands in Kawa`a. She then told the Commission that if they are to use public monies to purchase titles that are clouded, they are doing something fraudulent for the greed of preserving properties. Mr. Kaneshiro noted that the Commission is strictly an advisory to the Mayor and do not make the final decisions. He suggested to Ms. Lui that she go and talk to the Hawaii County Council who has the final say. Mr. Lui further added that Land Commission Award Nos. 993 and 1530 are not for lands in Kawa`a, it's for lands in Kahuku, Oahu. Mr. Kaneshiro thanked Mr. and Ms. Lui for their comments. Mr. Kaneshiro asked the Commission how this draft list will be prepared. Mr. Gilmartin expressed that he feels that site visits of the property is an option that should be pursued for the top properties. Ms. Springer asked Mr. Bancroft how the Commission would go about setting up site visits on some of these properties. Mr. Bancroft replied that they would follow the normal agendized rules. He further added that it depends on how much commissioners will be present at the site and noted that he will provide a written determination to the Commission and have it sent out before the next meeting in November. Mr. Kaneshiro mentioned that once they get clarification from Corporation Counsel, can they proceed with site visits. Mr. Yada noted that they also need to obtain the landowner's approval in order to access certain properties. Ms. Springer then asked who would be contacting the individual landowners to get approval. Ms. Schuster suggested that they contact Ms. Gail Byrne to come in and do a presentation for the Kohala properties due to the amount of time left to complete the report. Ms. Springer noted that the Commissioners should have the same information at the same time when doing site visits. Mr. Bancroft suggested that if they do plan to visit a site they should go together as a Commission. Ms. Garcia asked if it was possible for them to go as small groups. Ms. Springer further noted that there are rules governing the work of committees and Commissions and there may not be enough time. Ms. Springer concluded that the Commission needs to be educated on site visits for this year and upon the legal determination proceed with site visits for next year's report. Page 5 of 6 NEW BUSINESS • Preparation of a schedule for completion of 2007 Annual Report. Mr. Kaneshiro asked the Commission to complete their write -ups by the next meeting on November 13, 2007. He further asked the Commission how they felt on preparing a schedule for possible site visits for the top properties on this year's list. Mr. Yada noted that this seems impractical due to the amount of time left to complete the report. Ms. Springer suggested that the Commission use this time to set up the rules and procedures for site visits this year so that next year everything will be in place. Mr. Kaneshiro noted that he would like to have the report completed by the December 10, 2007 meeting and further addressed the Commission to submit all write -ups for the draft annual report to Ms. Kelepolo by October 22, 2007 who will then compile the information and send the draft report out before the November meeting to allow for review and revision. Mr. Flores told the Commission to bring their paperwork to the November meeting for the properties on the list which scored 70 percent and higher. Mr. Kaneshiro noted that there is a good possibility that they will have a special meeting between the November and December meeting. ANNOUCEMENTS The next meeting is scheduled for Tuesday, November 13, 2007, 10:00 a.m., at the Department of Liquor Control Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawaii. ADJOURNMENT Chair Kaneshiro adjourned the meeting at 12:48 p.m. Respectfully submitted, Alexandra Kelepolo, rk III Page 6 of 6