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HomeMy WebLinkAbout2008-01-14 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION January 14, 2008 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 Commissioner Paul Campbell Commissioner Kim Garcia Absent: Commissioner Bill Gilmartin Commissioner Laura Schuster Commissioner Benedict Yung 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 10:05 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS DEBBIE HECHT (Ms. Hecht handed out an "Open Space and Parks Bond Proposal " to the Commission) Ms. Debbie Hecht, a resident of Kona and campaign coordinator for 2% for the land fund, noted to the Commission that she has been doing research on the Open Space and Parks Bond Proposal for nine properties approved by the Hawaii County Council for acquisition. She suggested having different properties in each council district available so that citizens can identify whether the property is to be saved or conserved. The money to finance would be determined by adding up the fair market value of all properties which in turn would be the bond amount. It would be a general obligation bond in which the amount would be assessed against each property according to the assessed value. She is proposing that the Commission vote to ask Bill Takaba, Director of the County Finance Department, to verify the information and answer the questions in the handout for consideration of an Open Space Bond. -1- In addition a private Parklands Foundation could be formed to develop and manage the lands acquired via the bond and provide continuity to the County for maintenance purposes. She stressed that nationally voters passed over 200 open space bonds. Ms. Springer asked at what level of government did this take place. Ms. Hecht replied all levels of government, however, in Hawaii, the Council could pass the bond by a majority 5 -4 vote. Ms. Springer asked where the annuity funds would come from. Ms. Hecht replied that in a bargain sale deed, the landowner selling the property could establish an annuity to manage the property from the proceeds. She doesn't think that bond monies can be used to establish annuities. Ms. Garcia asked if the bond is paid by taxing homeowners. Ms. Hecht replied that it's a general obligation bond and the interest rate is a little bit lower. Ms. Hecht added that the County floats bonds. For example, if the Council brought forth a proposal to float 100 million dollar worth of bonds, as the County goes out to purchase properties, they use up that amount. Then, as the taxes are assessed on each property, the taxes would be assessed on the payback and principal amount of the bond and each property owner in Hawaii County would pay this. Ms. Hecht concluded that people in Hawaii County is in favor of land preservation. APPROVAL OF MINUTES Vice -Chair Springer moved for approval of the minutes of December 10, 2007 regular session, seconded by Commissioner Campbell and carried unanimously by voice vote. WRITTEN COMMUNICATION Communication No.: 07 -075: Letter to Ida K. Smith from Mayor Harry Kim, re: Sale of lands at Pohoiki Bay to the State or County Mr. Flores asked Mr. Yada for some background on the lands owned by Ida Smith. Mr. Yada replied that this property is located next to Pohoiki boat ramp. Ms. Smith was trying to subdivide her property of which a portion is zoned conservation; however it needs to be for a public purpose. For this reason she wants to sell it to either the State or County for this to happen. Mr. Yada mentioned that Parks and Recreation did a major project in that area and efforts are being made to mitigate the conflicting interest at Pohoiki between boaters and swimmers. Ms. Springer asked where does Ms. Smith go now. Mr. Yada mentioned that he instructed Ms. Smith and her attorneys to submit a form to the Commission to further pursue this request. -2- Communication No.: 07 -076: Department of Land and Natural Resources (DLNR) Legacy Land Conservation Commission Meeting Agenda for Friday, December 14, 2007, re: Application for grant monies for the purchase of Kawa`a (Tax Map Key: (3) 9 -5 -16:06 & 25; 9 -5- 17:05) & Punalu`u (Tax Map Key: (3) 9 -6- 01:02, 03 & 06) Mr. Yada attended the meeting and noted to the Commission that the Kawa`a requisition for the Olson properties was tied for first and now needs to go before the DLNR Land Board for their consideration sometime in March or April of this year. Communication No.: 07 -077: Letter from Steven S.C. Lim, Esq., Carlsmith Ball LLP, re: Request for the withdrawal and consideration of Suggestion Form for Kaiholena (Communication No. 07 -052) Chair Kaneshiro noted that these communications have been received and will be filed. DEPARTMENT OF FINANCE REPORT Mr. Yada noted that through the help of Trust for Public Lands (TPL), an application for Kawa`a (Olson) was submitted for the Recovery Land Acquisition Grants Program (RLA) through U.S. Fish and Wildlife. At this time its ranked first in the region and with its approval for 1 million and a combination of the 1.5 million from the Legacy Land Commission, approximately 2.5 million in Federal and State monies will go towards the acquisition. In regards to the Kawa`a parcel owned by Marcia Johnson, it is still in escrow and should be closing within the next few weeks. Mr. Yada also noted that as of December 18, 2007, $2,378,000.00 was deposited into the open space fund. The balance is now approximately 5.1 million. He did mention that monies may need to be advanced for the Kawa`a (Johnson) purchase as the County is still awaiting the proposed grant agreement from the State. OFFICE OF THE CORPORATION COUNSEL'S REPORT None. CHAIRPERSON'S REPORT Mr. Kaneshiro noted that in the Honolulu Advertiser there was a very good article on land preservation which mentioned Kawa`a, and thanked the Commissioners for all their hard work and support through the years. He further added that the Hawaii Tourism Authority (HTA) recently selected 25 community- based projects to receive funding awards in 2008 through its Natural Resources Program. He suggested that this information be provided to the non - profit group in Waipi`o which may be something they could consider applying for in the future. -3- COMMITTEE REPORT Ms. Self asked if the sub - committee will be on- going. Ms. Garcia replied yes. Ms. Self then noted that the sub - committee will continue for the purpose of exploring other funding options and will report their findings back to the full Commission. UNFINISHED BUSINESS • Discuss the 2007 Annual Report & 2007 Prioritized List Mr. Kaneshiro thanked everyone for their hard work in completing the Annual Report which looks great. He suggested that once the report is posted on the website, a small article be published in the local newspapers. Ms. Self noted that the Commission contact Ms. Janet Snyder of the Mayor's office to do a press release letting the public know that the report is available. Discuss concerns of the Commission for possible use of the Open Space Fund for maintenance and management of properties acquired with the Open Space Fund, which would require an amendment of the Hawaii County Code by the County Council Ms. Garcia expressed that it's a great idea for the start of maintenance, management, and finding additional funding. Mr. Campbell agrees that in conjunction with the open space bond, monies from the open space fund should be used to establish management plans for each property acquired. Ms. Springer stressed her concern over the expense of developing management plans and asked if the County can apply for HTA monies under County Parks and Recreation (P &R). Mr. Yada replied that in the case of Kawa`a, the surfing area would be for recreational purposes but in terms of the areas on both sides of the bay it may be more for conservation management purposes. Ms. Springer asked if funds are available, is there a County agency that could receive the funds for management of lands acquired under the open space fund. Mr. Yada noted that some funds are limited to private entities, not public. Ms. Springer asked if the sub - committee could do more research on the possibility of obtaining HTA funds. Mr. Flores suggested that someone draft "proposed language" in regards to Hawaii County Code, Section 2 -218 (c), describing in specific detail what the money can be used for. Mr. Yada mentioned that there is no identified funding. Ms. Hecht expressed that regardless of many discussions, there may not be a lot of money for acquisitions if funds are used for management plans. She suggests that the Commission approach the County Council to have the monies for management come out of P &R's budget. Ms. Springer asked how the Commission would proceed with this. Ms. Self suggested that the Commission as a whole needs to make a decision whether they're in support of this idea. Mr. Yada commented that funding and management is a serious concern of the Mayor. He suggested that they look at the one time cost (i.e. management plan) of an acquired property first and then set up a framework of how it will be managed. Once that has been addressed then you can look at community resources, volunteers, etc., for additional help. Mr. Kaneshiro mentioned that the Commission is at a critical point and stressed that they need to fully succeed by managing the property. Ms. Garcia suggested that the sub - committee focus on management of the Waipi`o property. Mr. Campbell added that they will use Waipi`o as a model for management. Ms. Self reminded the sub - committee members that they cannot take action on anything discussed. It needs to be reported to the whole Commission. NEW BUSINESS • Discuss amending the Commission's rules and adoption of the rules pursuant to Chapter 91 of the Hawaii Revised Statutes Ms. Self addressed the Commission that they have been given the authority to make rules under the Hawaii County Code. She suggested that the Commission start thinking about whether they want to adopt rules on their process and consider rules which honor requests of property owners who state that they don't want to sell their property. If the Commission is aware that the owners have no intentions of selling and still submits to the Mayor in the annual report, it's very misleading. Once the Commission decides how to approach this it needs to be established under Chapter 91 which will then affect members of the general public. Ms. Springer asked that if on the application there was indication noting that the property is not for sale, does the Commission still consider it or would it be nullified. Mr. Campbell added that it's the responsibility of the landowners who don't want their properties listed to contact the Finance Department or Mayor's office. He feels that the Commission shouldn't just take it off the list as in certain instances it may favor the developers. Ms. Garcia noted that each property needs to be reviewed and assessed on an individual basis whether it be for easement or acquisition purposes. Mr. Flores feels that the suggestion forms that come in should still be assessed. When determining the priority list, regardless of whether the property scored high, if the owners aren't willing to sell, it should be mentioned in the annual report. Mr. Yada expressed his concern over the scoring system of the Commission. He used the DLNR Legacy Land Commission as an example and mentioned that they have no scoring system. They determine and assess their top properties based on the application and testimony. Mr. Flores added that the scoring system was never intended to rank properties one -five, it's more of an initial screening or filtering system to see which properties are on the top. -5- Ms. Springer commented that the Commission should be open in considering other approaches to refine their process. Ms. Self mentioned that the scoring system was based on what the Kauai Commission did, but overall they are not bound by the code and can make any changes they feel necessary. Mr. Yada stressed his concern that there will not be enough money to purchase all properties approved by the Council and the Commission needs to focus on what can get done. It would be much more effective to have one maintained list to retain for consideration on a year -to -year basis. Mr. Kaneshiro mentioned that it should be up to the Mayor on how he handles the list each year. He brought up `O`oma as an example and asked if the Commission can write to Mr. Young who testified on behalf of the property owners for `O`oma stating that they have no intention to sell. Ms. Self reminded the Commission that by law, developers are required to provide access to the shoreline with the County Planning Department. Mr. Kaneshiro feels to enhance community awareness the Commission should notify the public who submitted the forms that the developers will provide public access. Mr. Flores feels that if any testimony or correspondence is forwarded after the report is issued, the Commission should write a letter to the Mayor to let him know that the property is not for sale. Ms. Springer recommended continuing discussions at the next meeting. Recess: 12:00 p.m. Reconvened: 12:10 p.m. • Elect New Officers for 2008 Mr. Kaneshiro opened the nominations for Chair and Vice - Chair. Ms. Springer nominated Mr. Campbell for Chair who declined. Motion: Commissioner Campbell nominated Commissioner Springer as Chair. Seconded by Commissioner Garcia. All members voted aye, motion carried. Ms. Springer will be the Chair. Commissioner Flores nominated Commissioner Campbell for Vice - Chair. Seconded by Commissioner Garcia. All members voted aye, motion carried. Mr. Campbell will be the Vice - Chair. M • Discuss scheduling strategies for 2008 Mr. Flores suggested that the Commission spend this year to formalize rules, explore available funding sources and re -visit properties on the 2006 and 2007 lists to create an updated list. In addition focus on the various issues addressed in the "Commission and Community Concerns" section of the 2007 Annual Report to the Mayor. Ms. Springer asked for comment on the possibility of having just an East Hawaii and West Hawaii meeting instead of one in each council district. Ms. Self reminded the commissioners that there can be no more than four of them present at one time and they must report back to the full Commission. Ms. Springer clarified that we will continue to receive intake forms; however that will not be the main focus of these community meetings. She further added that they will set the calendar at the next meeting in February. Mr. Flores suggested that if the Commission continues to receive suggestion forms, there will be no due date or expectation of when it's to be reviewed and assessed. Mr. Yada reminded the Commission that in the code it does note that they are responsible for submitting an updated list every year along with the annual report to the Mayor. Ms. Self suggested that the Commission continue discussion on how the Commission will approach this. ANNOUCEMENTS The next meeting is scheduled for Monday, February 11, 2008, 10:00 a.m., at the Department of Liquor Control Conference Room, 101 Aupuni Street, Suite 230, Hilo, Hawaii. ADJOURNMENT Vice -Chair Campbell moved to adjourn the meeting; Commissioner Kaneshiro seconded the motion and all members voted aye. The meeting was adjourned at 12:53 p.m. Respectfully salbimitted, Alexandra Kelepolo, k III -7-