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HomeMy WebLinkAbout2008-06-17 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION June 17, 2008 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Hannah Springer Vice -Chair Paul Campbell Commissioner Bill Gilmartin Commissioner Larry Komata Commissioner Terri Markovich (arrived at 10:14 a.m.) Commissioner Sarah Moon Absent: Commissioner E. Kalani Flores Commissioner Kim Garcia 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 Hannah Springer at 10:02 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Commissioner Gilmartin moved for approval of the minutes of April 14, 2008 regular session, seconded by Vice -Chair Campbell and carried unanimously by voice vote. WRITTEN COMMUNICATION Communication No. 08 -008: Letter to Council Chairman Pete Hoffman and Members of the County Council, from Mayor Harry Kim, re: Nomination of Larry Komata to the County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission for Council District 2. Ms. Springer welcomed Mr. Larry Komata to the Commission and thanked him for stepping up. -1- DEPARTMENT OF FINANCE REPORT Mr. Yada reported that the County Council passed two resolutions authorizing the purchase for Pa`o`o and Kaiholena. Both of these properties in North Kohala were listed on the Prioritized List of the Commission's 2007 Annual Report. He also reported that the County received and executed the offer letter from the Department of Land and Natural Resources Legacy Land Fund (DLNR LLF) for 1.5 million towards the purchase of properties in Kawa`a owned by Mr. Olson. In regards to the Kawa`a parcel formerly owned by Marcia Johnson, the grant agreement has been completed and the County has submitted all information to DLNR LLF. Ms. Springer then mentioned that in the Saturday, May 17th edition of the West Hawaii Today there was an article that highlighted on the County adding lands to the "wish list" for purchase. She feels that this will send a message to the administration on what needs to be done to service the public in setting up realistic or unrealistic expectations among them. Mr. Yada commented that from a staff perspective, it's unrealistic to give the public false hope since it'll be years before the other properties on the list can be purchased. At this point Kawa`a is the only property that the County has money for. Mr. Campbell added that he doesn't feel that it's unrealistic to have a "wish list" and hopefully the open space bond proposal will be passed by the Council to address this issue. Ms. Moon then asked if there could be public education meetings about the Commission to provide additional information. Ms. Springer noted that attendance by the public at these meetings is very poor and some of the topics that are brought up are not at all related to the Commission. She added that at the time the report is submitted to the Mayor, an article can be published in the paper. Mr. Gilmartin stressed that the article should mention that the Commission is not the "decision makers" and overall the Council has the final say. Mr. Yada feels that the public perception does impact what comes to the Commission and what goes to the Council in terms of submissions and expectations. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self addressed the Commission that there's other ways of prioritizing lands. As a recent example, she spoke about a property in North Kohala with a Special Management Area (SMA) permit for five years to rezone and subdivide into 50 lots. The property was then sold to Kohala, LLC with three years left on their SMA and they did nothing nor applied for an extension. Mr. Chris Yuen, Planning Director of the Planning Department then issues a bill to the Planning Commission and Council to not extend the rezoning and SMA and downzone it back to Ag -5a. Now instead of 50 lots they're down to 2. -2- Ms. Springer asked how the Commission would influence that process since in this case it was initiated by the Planning Director. Ms. Self replied that the Commission wouldn't, this was just an example to show that there's other ways to obtain open space and preserve the coastal area. CHAIRPERSON'S REPORT Ms. Springer mentioned that she received a fax in regards to the Public Access Open Space Alliance which is coordinated by Deborah Chang, Laura Diehrenfield and Debbie Hecht. Their draft mission and purpose is to "advocate through education and legislation for land conservation and access to the mountain and ocean in the spirit of kuleana (responsibility) for the land, natural resources and quality of life. " They are looking to form an alliance possibly with the Commission and could be something that they can look into in the future. UNFINISHED BUSINESS • Continue discussing amending the Commission's rules and procedures, including, but not limited to, discussion on whether to include a procedure for removing properties from the priority list upon owner's request and procedure regarding process for creating the priority list Ms. Self noted that that the Commission is not required to go through Chapters 91 and 92 of the Hawaii Revised Statutes since they are only an advisory group. She then suggested that the following changes be made to the draft rules: RULE 1— AUTHORITY Remove "Chapters 91 and 92 of the Hawaii Revised Statutes, and;" RULE 6 -4 - MEETINGS (a) Remove "at any duly noticed and convened meeting, in public places determined by the Commission;" Insert "and duly noticed" after scheduled; RULE 6 -7 — STANDARDS OF CONDUCT (b) Remove paragraph in it's entirety since it does not apply to the Commission. Ms. Self then asked the Commission if they wanted to include their procedures into the rules in regards to the priority list and notification of landowners whose property is to be listed. Mr. Yada commented that if you read the County Code that created the Commission the language is based on a single list that's always there. Since the Commission is now removing properties off the list that have resolutions approved, he feels that there's a dis- connect between the Code and what the Commission is actually doing. If they could go back and maintain a list that would carry itself year to year, it would be easier; however the problem is that you can't rely on a scoring process. The reason for that is the -3- scoring is reflective on who prepared it and how good the suggestion forms are and not necessarily how good a property is. As an example, Mr. Yada noted that the Legacy Land Commission reviews all applications and votes on the "Top 5" properties in terms of the recommendations. This would be a more practical way of assessment as the "Top 5" will be based on real possibilities and alternatives based on funding opportunities and willingness by the landowner to sell. Mr. Gilmartin thinks it's a good idea since it necessitates the Commission to visit the properties. Mr. Yada added that it makes it more effective and if a landowner is not willing to sell, then why would they even consider it. Ms. Self concluded that the Commission is in the best position to make the decision for ranking as they represent the public. Ms. Springer asked if they took this approach would they have to amend their report. Ms. Self replied that they will need to explain in their report how they came to that decision and describe the process. Mr. Yada suggested that if the Commission considers changing their approach in creating the list based on the "Top 5" then they won't run into problems with landowners who are unwilling to sell. Mr. Gilmartin commented that he doesn't see how this changes the possibility of a property not available to sell to remain on the list. Ms. Self replied that it wouldn't rank as high because it's not for sale. Ms. Self added on a legal note that if they insist on keeping a property on the list that is not for sale, they must let the Mayor and the Council know so that they don't waste their time on pursuing a property that's not available. Ms. Springer noted that the Commission will continue discussion on these items at the next meeting. • Continue discussing scheduling and strategies for 2008, including recommended easements from 2007 suggestion forms. (The Commissioners went into discussion regarding scheduling their calendar) Ms. Springer confirmed that in August, the Commission will be evaluating the forms and reviewing the past list and in September discuss the possibility of site visits. They will write the report in October, review and edit in November and submit to the Mayor in December. She added that sometime in January 2009, they can hold public meetings in West Hawaii and East Hawaii and submit an article and /or press release in the newspapers regarding the public meetings. NEW BUSINESS • Commission to consider maintenance and management options for properties already acquired by the County of Hawaii with monies from the Open Space Fund. Ms. Springer mentioned that Debbie Hecht had made clear testimony to the Commission regarding her concern using monies from the Open Space Fund for maintenance and management. Mr. Campbell stressed that he would only consider this option if it would be a one -time thing, however he feels that they should wait until after the elections due to the bond issue. Mr. Yada added that he is working on a contract with a consultant to develop a management plan from Honu`apo to Kawa`a costing approximately $300,000. The scope of the project is to gather information already out there, identify gaps and design a Charette process to possibly work with a community group to take on implementation of the plan. He added that an inventory survey should only be done in specific areas where there is public access and possible park development in the future. Mr. Komata asked who is going to be administering this plan. Mr. Yada replied that it depends on the use of the property. A portion could be under Parks and Recreation whereas another portion could have culturally sensitive sites and be taken care of by a community group. He also added that there could be a possibility that the National Park Service may one day take over the coastal area. Mr. Komata asked what would be the County's liability if we acquire lands but don't have any maintenance plans. Mr. Yada replied that there is no maintenance plan in effect now. Ms. Self added that as long as the County doesn't make any improvements then there's no liability. ANNOUCEMENTS The next meeting is scheduled for Monday, July 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 Springer adjourned the meeting at 12:09 p.m. Respectfully submitted, Ale andra Kelepol Clerk III -5-