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HomeMy WebLinkAbout2008-07-14 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION July 14, 2008 Department of Liquor Control Conference Room 75 -5722 Hanama Place, Suite 1107 Kailua -Kona, Hawaii 96740 Present: Chair Hannah Springer Vice -Chair Paul Campbell Commissioner E. Kalani Flores Commissioner Kim Garcia Commissioner Larry Komata Commissioner Sarah Moon Absent: Commissioner Bill Gilmartin Commissioner Terri Markovich Harry Yada, Property Manager, Finance Others Present: Amy Self, Deputy Corporation Counsel Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Hannah Springer at 10:07 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. PRESENTATION BY JANE RUBEY, STATE COORDINATOR OF THE HAWAII WETLANDS JOINT VENTURE, REGARDING POSSIBLE COLLABORATION EFFORTS FOR THE PRESERVATION AND PROTECTION OF HAWAII WETLANDS Ms. Jane Rubey thanked the Commission for allowing her to speak to them. She emphasized on their project venture mission which is to work to ensure long time conservation in habitat areas, secure lands for preservation, restoration and enhancement of areas. Ms. Rubey then presented a power point presentation to the Commission about the Hawai `i Wetlands Joint Venture. Ms. Springer thanked Ms. Rubey for her presentation and hoped that the project venture could be beneficial to the Commission in the preservation of lands purchased by the County. -1- Recess: 11:04 a.m. Reconvened.• 11:10 a. m. WRITTEN COMMUNICATION Communication No. 08 -009: Suggestion Form received on June 18, 2008 from Richard Spiegel, re: Puako Forest Project Ms. Springer noted that this communication will be fled and received along with Resolution Nos. 644 -08 and 616 -08 authorizing the acquisition of Kaiholena and Pa`o`o. OFFICE OF THE CORPORATION COUNSEL'S REPORT None. CHAIRPERSON'S REPORT None. UNFINISHED BUSINESS • Continue discussion of 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 Ms. Springer noted that at the last meeting some changes were suggested to the Commission's rules. The commissioners then went into discussion regarding amendment of their rules and procedures. After discussion the commissioners decided to make the following changes to their rules and procedures: RULE 1 — AUTHORITY These rules and regulations are promulgated by the Public Access, Open Space and Natural Resources Preservation Commission pursuant to Chapters 91 and 92 of the Hawaii Revised Sta tes and Chapter 2, Article 42, Section 2 -215, of the Hawaii County Code, 1983 (2005 Edition). RULE 6 -4 - MEETINGS (a) Regular Meetings — Regular meetings of the Commission for the transaction of its business shall be held at 10:00 a.m. on the second Monday of each month, or as scheduled and duly noticed by the Commission. at an duly notieed and ,.,,,,verse l meeting, in p4lie plaees de4emiined by the Commission. (b) Special Meetings — A special meeting may be called by the Chair when the date, time and place of such special meeting afe athqeuneed „ r to add ufmnenl of a r „ l meeting, of as other-wise pfavided in Seetion 13 -20 of the Chai4ef, as ame is duly noticed. -2- RULE 6 -7 — STANDARDS OF CONDUCT Motion: Vice -Chair Campbell moved to receive recommended amendments to rules of practice and procedure for Rules 1, 64(a), 6 -4(b) and 6 -7(b). Seconded by Commissioner Garcia. All members voted aye, motion carried. Ms. Springer then asked if they want to include in their rules a procedure for removing properties from the priority list upon owner's request and a process for creating the priority list. Ms. Self replied that because this is an evolving process then maybe this is not something that should be done yet. Ms. Springer then informed the Commissioners that each report submitted has since been refined as long as they are clear in the annual report to the Mayor the means by which they arrived to their decision making. Ms. Garcia commented that they should take into consideration disclosing in the annual report on the landowner's willingness to sell. Mr. Flores suggested that they draft some guidelines of how to process the forms. Ms. Springer said they could include it in the report. Ms. Garcia noted that she don't feel they should remove anything from the list, however, prioritize public access easements /vehicular easements and focus on the small projects since there's no money available for big purchases. Mr. Campbell stressed that he does not agree that the property should be removed from the list even if the landowner doesn't want to sell and feels that they don't have the authority to remove anything since they're just an advisory. Ms. Self told the Commission that they have complete and total authority and the decision to add or remove properties from the list before the report gets to the Mayor. Mr. Campbell stressed that it's unethical and we shouldn't let the landowners "bully" us to remove the property from the list regardless of their willingness to sell. Mr. Flores said that they will still evaluate the property and it will be on the overall list, but it makes no sense to include it on the priority list if the landowner has no interest in selling. Ms. Springer feels that this issue could be automatically defused if the Commission uses a subjective process rather than numerical scoring. Therefore, they would have a discussion and vote on the priority properties based on the availability and the characteristics of the parcel, and not by how high it scored. -3- • Continue discussion of procedure regarding process for creating the priority list Ms. Springer asked Ms. Self to recap how the LLF processes their grant applications. Ms. Self replied that the applications are received and as they review what is submitted, each member puts it in the order they think it should be. Then subjectively, they discuss why they think one should be higher than the other. After discussion, they will vote and determine their "top" properties. Ms. Springer noted that the numerical scoring system was used in the beginning due to the amount of suggestion forms that was submitted, however since there's much less forms now they can look at a different approach. Mr. Flores added that the assessment criteria form was just for initial screening purposes. When the "Top 5 or 10" were determined then the properties could be looked at in more detail, the only problem was that they didn't have enough time. Mr. Komata then asked if they will be evaluating the forms using the new system. Ms. Springer replied that they have the tools to do that and since they have more time this year, they can score the properties numerically first and then in October have an open discussion. Mr. Flores noted that no solicitation was sent out this year to the public due to the lack of funding, however a few were still submitted. Ms. Springer stressed her discomfort over the fact that forms continue to still come in and the suggestion form indicates that it will be considered the following year. Ms. Self commented that the forms should still be considered and maybe the Commission can also look at the list of properties that have resolutions passed. She added that eight properties have approved resolutions; which now gives the administration the authority to purchase. Mr. Campbell mentioned that three properties still don't have resolutions (Mahukona, Kukuipahu- Hd'ena and `O`oma II). Ms. Garcia commented that once there's a resolution, it's out of the Commission's hands. She also suggested that they could even prioritize the approved resolutions. Ms. Self then suggested that the Council adopt this list as their priority. Mr. Komata suggested that they incorporate all properties in one list to create a whole new picture since he doesn't feel that it's right to remove any properties regardless of the scoring. Ms. Springer noted that the 2008 comprehensive list will include all properties from 2007 along with the forms that were submitted this year. The 2008 prioritized list will contain the properties which were the subject of resolutions; however it may or may not be limited. Mr. Flores commented that they are helping to facilitate the goal of acquisition of lands. Once the purchase of Kawa`a is completed, this list of prioritized resolutions may be able to help the County administration. Ms. Self commented that when the Commission updates their list, there is no money available in the open space fund until the end of 2008 and there won't be enough to purchase anything since it's earmarked for Kawa`a. Since the priorities may change if the landowners don't want to sell; they can make a suggestion in the report to Council to pass a resolution to adopt the prioritization of all resolutions for acquisition Ms. Springer asked the Commissioners to think about what to include in the 2008 comprehensive list for discussion at the next meeting. She mentioned that in August they will be reviewing the forms and in September they will plan to conduct site visits. Mr. Flores suggested that they use the criteria assessment form to assess the four suggestion forms that they received this year. Ms..Springer clarified that instead of relying on the numerical value they will have an open and free discussion on properties that received high number scores to determine what rank they will have. She then asked Mr. Flores if they will be assessing the properties that have resolutions. Mr. Flores replied yes. Mr. Komata noted that the 2008 comprehensive list should include both the 2007 prioritized and comprehensive list and the 2008 prioritized list will include the "top" properties. Ms. Self added that Debbie Chang was contracted by the County to do an inventory and comprehensive list of all the public access easements on this island. Ms. Chang is also working on signage for all public easements that exist already. She informed the Commission that they may want to hold off on easements until the list is completed. Ms. Springer mentioned that they should consider what properties will be included in their site visits. Ms. Self informed the Commission that they will have to schedule a special meeting to conduct these visits. ANNOUCEMENTS The next meeting is scheduled for Monday, August 11, 2008, 10:00 a.m., at the Department of Liquor Control Conference Room, 101 Aupuni Street, Suite 230, Hilo, Hawaii. ADJOURNMENT Chair Springer adjourned the meeting at 12:52 p.m. Respectfully submitted, lexandra Kee of ,Clerk III -5-