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HomeMy WebLinkAbout2007-12-10 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION December 10, 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 (arrived at 10:20 a.m.) Commissioner Paul Campbell (left at 2:15 p.m.) Commissioner Kim Garcia Commissioner Laura Schuster Commissioner Benedict Yung (left at 12: 06 p.m.) 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 10:03 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS PETER YOUNG Mr. Peter Young spoke on behalf of `O`oma Beachside Village and requested that `O`oma be withdrawn from any consideration by the Commission since the property owners are not interested in selling. He also mentioned that they are currently in an entitlement process with a draft Environmental Impact Statement (EIS) which should be available later this month or sometime in January 2008. (Mr. Young handed out a map to the commissioners for the `O `oma project) Mr. Young noted that included in the proposed residential community for `O`oma is an extensive inter - connected public access and open coastal area. He further added that about 75 acres along the coastline is proposed to be open space with at least 1000 foot setback from the ocean. Ms. Springer asked Ms. Self if the Commission needs to list this request to withdraw `O`oma as an agenda item for the next meeting or can the Commission make a decision at this meeting. Ms. Self replied that Mr. Yada will cover this in his Finance Report and the Commission can discuss further under Unfinished Business. Mr. Yada further added that in terms of an action to remove this property from the 2007 Prioritized List, it would have to be listed on the next meeting agenda and the commissioners would need to take it into consideration. Page 1 of 5 Mr. Flores asked where would the public shoreline access be through the `O`oma project. Mr. Young replied that there is extensive access throughout and noted that the dedicated public access would be along the southern boundary of `O`oma through the shores of Kohanaiki leading down to the coastal area. In addition, through the project would be mauka/makai trails also available to the public. Mr. Flores then asked if there would be vehicular access. Mr. Young replied that public access will be on the boundary of the Kohanaiki property and they will build a public parking area with restrooms and showers for the public to utilize in the `O`oma parcel. Ms. Garcia then noted to Mr. Young that there is no vehicular access along the coastline. Mr. Young told Ms. Garcia that the feedback from the community is that they don't want people driving in this area. The public will have to park and walk approximately half a mile to the shoreline. Mr. Young mentioned to the Commission that the project information will all be included in the draft EIS for public review and comment. APPROVAL OF MINUTES Vice -Chair Springer moved for approval of the minutes of November 13, 2007 regular session, seconded by Commissioner Garcia and carried unanimously by voice vote. DEPARTMENT OF FINANCE REPORT Mr. Yada informed the Commission that the Kawa`a purchase for the Johnson property is in escrow and the title report is now being reviewed by Corporation Counsel. Council Member Dominic Yagong held one community meeting in regards to the Waipi`o property acquired and noted that there was one request submitted to Department of Public Works to cut down a tree. In regards to the Olson properties in Kawa` a there still has not been any response on the second offer made by the County. Mr. Yada did mention that the review for funding for Mr. Olson's properties will be held this Friday at the Department of Land and Natural Resources (DLNR) Legacy Land Commission meeting. Ms. Springer asked Mr. Yada what will be discussed at the DLNR meeting if Mr. Olson has not yet accepted the offer. Mr. Yada replied that Mr. Olson did submit a letter to the County indicating that he's willing to sell the property which was included as part of the grant application and work with the County on an agreeable sale price. Mr. Yada informed the Commission that he will be attending the DLNR Legacy Land Commission meeting on Friday, December 14, 2007 on behalf of the County for the Kawa`a properties owned by Mr. Olson. Page 2 of 5 OFFICE OF THE CORPORATION COUNSEL'S REPORT None. CHAIRPERSON'S REPORT Mr. Kaneshiro thanked everyone for all their hard work by getting in the necessary information for preparation of the draft annual report and mentioned that the Commission may be having another meeting next week for approval and finalization of the annual report if necessary. Mr. Gilmartin asked on the progress of filling the vacant seats on the Commission. Ms. Self replied that Corporation Counsel is aware of this and they are working on it. Ms. Self asked Mr. Kaneshiro and Mr. Yung if they would be interested in holding over for an additional 90 days since their terms both end on December 31, 2007. They both replied yes. COMMITTEE REPORT (The commissioners went into discussion regarding the Committee Report in regards to "Commission and Community Concerns" contained within the draft 2007 Annual Report to the Mayor) UNFINISHED BUSINESS • Discussion of 2007 Annual Report to the Mayor (Commission to review draft and finalize annual report) (The Commissioners went into discussion regarding the 2007 Annual Report to the Mayor) (Professor Ah Lui spoke on behalf of lands in Kawa `a). She asked the Commission to clarify which Kawa`a parcels they were referring to along with tax map key or Land Commission Award numbers. She also asked Mr. Yada if the parcel numbers in escrow was for Hilea. Mr. Yada replied that the parcel in escrow is the Johnson property and the parcels in negotiations are the Olson properties. (The Commissioners continued their discussion regarding the 2007 Annual Report to the Mayor) Motion: Vice -Chair Springer moved to approve the 2007 Annual Report to the Mayoras amended on the condition that editorial corrections may be made as long as they are not of substance. Commissioner Schuster seconded. All members voted aye, motion carried. Recess: 12:39 p.m. Reconvened: 12:45 p.m. NEW BUSINESS Page 3 of 5 • Discussion on recommending to the Mayor and the Hawaii County Council an amendment to the Hawaii County Code to allow the use of the open space (2 %) funds for management and maintenance of properties purchased by the County under this fund. Mr. Kaneshiro asked Ms. Self if it would be okay for the Commission to do this. Ms. Self told Mr. Kaneshiro that the Commission would need to make this decision and noted that the Hawaii County Code specifically lists what the monies in the open space fund can be used for, however it does not include using the money for management and maintenance. Mr. Gilmartin suggested that they ask the Mayor to attend a meeting to discuss this issue once he's had time to review the report. Mr. Flores suggested that the Commission have a meeting with the Mayor as a follow up to the list. Ms. Self noted that the Mayor only has sixty days to respond to the Council. The commissioners then concluded that they will invite the Mayor to attend the February 11, 2008 meeting in Hilo to discuss the 2007 Annual Report, 2007 Prioritized List, and various concerns of the Commission. Mr. Kaneshiro began noting the agenda items to be listed for the January meeting. Ms. Self noted to the Commission that they will have some "big ticket" items to address next year in regards to amending the rules and having them formerly adopted. In addition Ms. Self added that the Commission is going to have figure out how to treat situations in where the property owners are not interested in selling, however the property is included on the list. Mr. Flores asked if for next year the Commission not have a prioritized list due to a lack of funds and focus on the 2007 Prioritized List. He noted that the Commission could take this time to address concerns and get things organized and in place. Mr. Yada suggested that instead of going out and having community meetings in each district a notice should just be sent out to the public to send in suggestion forms by a certain time. Mr. Flores noted that evaluating and assessing the forms also takes a lot of time. Ms. Springer did highlight that they're getting better in their process. Mr. Yada highlighted that the Commission set standards in accepting forms submitted by the public and filter out the ones that don't have enough information presented for review. Mr. Flores noted that if the Commission doesn't take a year off they won't have enough time to address the concerns and include the information in the suggestion forms. He further added that even if properties become available; the reality is that there will not be enough funds to purchase. Mr. Yada asked Mr. Flores what would happen if someone already submitted a form for 2008, since we already have one form received after the deadline in 2007 to be considered next year. Mr. Flores replied that it does not preclude the Commission from reviewing the form at any time they decide even if the form came in after the deadline. Page 4 of 5 Ms. Schuster expressed that the Commission is self - imposing timelines which can be changed as they move through the process of refining, however she don't think they can put on hold or postpone review of the forms. Mr. Flores asked Ms. Self if the Commission needs to take in new suggestion forms since he feels it's only updating the list. Ms. Self replied that she don't feel that it's necessary for the Commission to go out and have community meetings since the funds are not readily available and minimize the amount of time taken. Ms. Springer suggested that maybe the Commission have public meetings with the communities held in East Hawaii and West Hawaii, perhaps in Kohala and Ka`u, to have a deeper discussion in regards to specificity of applications and specific sites when submitting properties to be considered. ANNOUCEMENTS The next meeting is scheduled for Monday, January 14, 2008, 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 3:00 p.m. Respectfully submitted, Alexandra Kelepolo, lerk III Page 5 of 5