Loading...
HomeMy WebLinkAbout2008-08-11 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAI. RESOURCES PRESERVATION COMMISSION MINUTES- REGULAR SESSION August 11, 2008 Department of Liquor Control Conference Room 101 Aupum Street, Ste. 230 Hilo, Hawaii 96720 Present: Chair Hannah Springer Vice -Chair Paul Campbell Commissioner E. Kalani Flores (arrived 10:11 a. m.) Commissioner Bill Gilmartin Commissioner Kim Garcia Commissioner Larry Komata Commissioner Terri Markovich Commissioner Sarah Moon Absent: Alex Kelepolo, Secretary Amy Self, Deputy Corporation Counsel Others Present: William V. Brilhante Jr., Deputy Corporation Counsel _ Harry Yada, Property Manager, Finance Stacie Waltjen, Legal Clerk III CALL TO ORDER The meeting was called to order by Vice -Chair Hannah Springer at 10:03 a.m. DEPARTMENT OF FINANCE REPORT Mr. Yada stated on July 31, 2008, he attended a luncheon at the Hawaii Conservation alliance on Oahu. The County of Hawaii was one of twenty agencies presented with a 2008 conservation innovation award. It based on the progress made within the last few years on all of the conservation acquisition programs that were established on every island. Mr. Yada also stated that they were proceeding with documentation to try and get their 1.2 million grant from Legacy Land that was rewarded in 2007. They were also working with the State with finalizing the grant documentation for the 2008 Legacy Land grant of 1.5 million for their next purchase of Kawa`a. An appraisal was contracted to meet the federal guidelines. Mr. Yada also stated a contract was finalized with Townscape Inc., on Oahu for the development of a management plan from Honu`apo to Kawa`a with a budgeted contract amount of 300 thousand, which should begin within the next copy of months. A copy of the contract was passed around to the commissioners to review. Mr. Yada stated the process was designed around a Charette process with community group meetings. Mr. Yada stated that it would tie in with a prelude into the Ka`u CDP process; which was supposed to start at the end of the year. Mr. Yada explained that a Charette process was an intensive group effort that consisted of meetings with technical groups or consultants /experts and the public. It's a popular process in terms of planning concepts. Ms. Springer stated that the Charette process assured for the venue of public participation. CHAIRPERSON'S REPORT Ms. Springer inquired about the bond initiative. Mr. Campbell replied that he last heard from Debbie Hecht that someone from the County Council would introduce it. Mr. Yada stated it's was a legal question because normally bond issues were not initiated by the Council. UNFINISHED BUSINESS • Continue discussion of procedure regarding process for creating the priority list. Mr. Yada stated while at a Legacy Land Commission meeting two weeks ago, his observation was that the Commission had a certain amount of monies to spend within that year. From the Legacy Land Commission's perspective, they won't look at projects that had questionable issues; they don't want to see their money sitting in a find with nothing happening to it. Mr. Yada stated they didn't have a scoring process. They have an application that asked questions to get information about the property. The applicants were also able to speak to the Commission about their application. The Commission would look at the facts and go out in groups of two's and look at the proposed properties within their district. They would then report to the other Commissioners about what they saw and what their opinions were. Mr. Yada stated the Commission received the nomination application from the public. Mr. Campbell stated he saw two significant differences between this Commission and the Legacy Land Commission: I) They have a lot more monies; 2) It's a very subjective process. Mr. Yada stated the position that this Commission took last year was that all the acquisitions that were already authorized by Council, were not kept on the list. Mr. Yada stated the ordinance and the prioritization process were clearly worded around the concept of having a list that would carry from year to year. Mr. Yada then stated, the 2 problem with that is, if they go back to that concept of carrying the list from year to year, it's hard to reconcile the scoring process and the concept of maintaining the list. Ms. Springer asked if the Council ever responded to Mayor Kim's February 25, 2008 letter to the Council, requesting direction from the Council in the prioritization as to the rest of the parcels. Mr. Yada replied that it was discussed and the response was that they didn't see the need to do it. Mr. Flores stated with the 3 reports this Commission has done, they ended up with lists based upon the scoring process. With the last report, the idea was to just use the scoring as a filtering of all the applicants however, they ran out of time. Mr. Flores stated the Commission never did the second part of looking at the top score in detail. Also, they didn't look at the properties the County Council made resolutions on. The Commission thought that was already being taken cared of. Mr. Flores stated in the most recent discussions, the Commission was not going to actively solicit suggestion forms. They were going to look at the properties that had resolutions on and prioritize that. That might help facilitate the process of acquisition. Mr. Gilmartin stated he's opposed to the action that the Council took in terms of resolutions. That was the responsibility of the Commission. Mr. Gilmartin stated if the Council wanted to purchase something that's on this Commission's list or not, that's up to them. For this Commission, we have a process. The Council should be looking to us for guidance. Mr. Yada stated the County was legally authorized to purchase the properties that the Council has passed resolutions on, if the opportunity presented itself. Mr. Yada stated we needed to focus on what we thought the top priorities were. If we refocus on this list, hopefully, the Council would be more focused on what resolutions they pass for acquisition. Mr. Flores clarified-that the resolutions that the Council passed, were the properties that was on their list; with the exception of Honoli`i. The Mayor selected what he thought should move forward off of this Commission's list and submitted his list to the Council. Mr. Flores stated the problem was that there was no order on how to proceed with the resolutions. That is why it was suggested that this Commission goes through those properties and give a priority on how to proceed Mr. Yada stated his opinion was that this Commission may have to improve the process, it may come down to refocusing and being more focused in their process, and that in turn would assist the Council to be more focused in what they do. Mr. Campbell stated that the prioritization appears to fall with the Department of Finance once the resolutions has passed. Ms. Moon stated she thought this Commission should treat the Council resolutions as another public nomination and not get politically involved. Mr. Gilmartin stated if this Commission looked at the resolutions that the Council passed, we should only look at the resolutions with regards to the properties that we ranked as high priority. We should not be driven by what the Council does. Ms. Garcia stated we should have a couple of lists; one with high priced lands and one with low prices such as easements and access ways. Mr. Yada stated this Commission needed to look at our basic purpose; to provide recommendations to the Mayor for acquisition. Our purpose was not to argue what should be developed or not developed. Mr. Yada stated that the current balance fund was approximately a little over S million dollars. Ms. Springer stated she thought it would be a good idea to have that included in his monthly report. Mr. Campbell stated he thought it was this Commission's responsibility to create a priority list of the resolved properties. Mr. Komata stated he would prefer one list that included everything, however, lands such as Waipi`o and Kawa`a, that were earmarked for purchase, should be on a separate list. Mr. Komata stated that should not include lands that have resolutions passed on. That way, if it's warranted, the lands below can move up on the list. Mr. Flores stated that this Commission previously carried over a comprehensive list that included everything that was submitted. However, last year, the priority list was not included in the comprehensive list. Mr. Flores stated the comprehensive list does not go to the Mayor, it's included as an appendix to the report. The priority list is what this Commission submits to the Mayor. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Shelley Stevens came to speak about Kawa`a, Punalu`u and Honu`apo. Ms. Stevens stated that the inventory and archaeological committee of Punalu`u, Ninole and Wailau, including archaeologist Malia Fernandez, stated that Kawa`a was a federal undertaking which then invoked the Section 106 process. Ms. Steven's stated with the issue of due diligence and concern of who owned the land, technically, when there was a federal undertaking Section 106, you must by law consult with the Native Hawaiians and their organizations. Especially in Kawa`a, because federal monies were being considered, that invoked the MOA situation with the native tenants. 4 Ms. Stevens stated when the County Council was making the resolutions on Kawa`a, Punalu`u and Honu`apo, they did a title search to look who owned the land. There were many conflicting stories and clouded titles. Ms. Stevens stated Helu grants 99' ) and 1530 included the aquiline fishing ponds. Ms. Stevens stated she had the file of who owned Helu grants 99' ) and 1530; it was under Timeteo Keawe ... there are still descendants alive today. Ms. Stevens stated she has been working with them and the discussion came up about the open space resolutions. Through the MOA process, it kept the native tenants rights intact for the Hawaiian subsistence base. At the same time, in speaking with the direct heirs of Helu grants 99' ) and 1530, they were willing to make a MOA with the County. Ms. Stevens stated if the County purchased properties that were kuleana lands, that title superseded any title and was good for 999 years. There was such a thing as the undivided interest for the unborn heir. Ms. Stevens stated inside these parcels, they have been absorbed into the larger TMK's. HRS 562 -105.5 concerns the escheatment of kuleana lands by the State. Basically, they can go into the court and ask for adverse possession or quiet title of kuleana lands. They only go back 30 years on the title search. HRS 562 -105.5 states if there are no heirs, then the land prior to this being made, should go to the konohiki. Ms. Stevens stated in the courts what was supposed to happen was that these kuleana lands, without heirs are supposed to be put in trust. With regards to Punalu`u, 1lonu`apo and Kawa`a, those kuleana lands, if they were adverse possessed or quiet titled, they were done illegally, because the letter of the law was not followed. Ms. Stevens stated the descendants of these people are concerned about the development. They were willing to make a MOA on this open space policy because they don't want to see it being developed, they don't want to be made homeless on their own lands. Please take this to heart and do what is right. Ms. Stevens stated to have open space but treat the Hawaiians properly. Ms. Stevens also mentioned what C. Brewer has stated in all of their documents, "all purchases and transactions are subject to number 3 the rights of the native tenants as preserved in the royal patent grants 822 and 2907 and that claims arising out of customary and traditional rights and practices including without limitations those exercised for subsistence, cultural, religious access or gathering purposes, as provided for by the Hawaii Constitution, Hawaii Revised Statutes." Ms. Stevens further stated at Kawa`a, they have asked not to spray herbicides and pesticides along side of the roads due to the under water streams. Ms. Stevens stated she's done environmental impact statements for native plants in a volunteer capacity. Through the resolutions for open space, it turned out the Hawaiians are entitled to having their own historic preservation officer program and this had been discussed at every meeting at Punalu`u, Kawa`a and Honu`apo. Ms. Springer stated that the Kawa`a properties have moved away from this Commission's table and was with the Council. This body does not deal directly with the funding. They make recommendations to the Mayor. Mr. Brilhante stated the best place to present her testimony would be to her councilmember Bob Jacobson. Ms. Stevens asked if it was possible for this Commission, as part of their report, to took at the MOA process in their purchases. Ms. Springer stated that this Commission has discussed MOA with community groups. She also told Ms. Stevens to go ahead and leave whatever documentations that she brought with her. Adjourn at 11:44 p.m. Reconvened at 12:23 p.m. UNFINISHED BUSINESS 0 Continue discussion of procedure regarding process for creating the priority list. Ms. Springer stated that it seemed this Commission was moving toward a comprehensive list that would continue their previous practice as an appendix to the report and narrowing down the priority list itself. Mr. Campbell stated he thought this Commission should take the list, prioritize it with the information we have and the rest will come out when it goes to the Finance Department. Motion: Commissioner Flores moved for the priority list for 2008 is to access and rank the properties already considered by the Council through resolutions. Vice - Chair Campbell seconded the motion. Upon further discussion, Mr. Flores withdrew his motion; Vice -chair Campbell seconded. A new motion was made by Mr. Flores. Motion: Commissioner Flores moved that the 2008 priority list will consider properties on the previous priority lists including those properties that are the subject of County Council resolutions. Vice -Chair Campbell seconded the motion. Mr. Yada stated the distinct difference that this Commission did last year to what they want to move towards in the future, is the concept of establishing a list from year to year that would identify properties for acquisitions that carry over... regardless if there were resolutions or not. 0 Ms. Springer clarified that this vote only talks about the priority list and not the comprehensive list. All members voted aye, motion carried. NEW BUSINESS Assessment of 2007 suggestion forms including new forms received and updating the 2007 comprehensive list Ms. Springer stated they were looking at the priority lists from all the previous reports. The four properties they received after the deadline of June 29, 2007 and this year: Puako forest project 08 -009; multiple beaches below Ocean View 07 -069; Punalu`u 07 -066; entire shoreline around the island 07 -065. The Commission decided the comprehensive list would be everything that was submitted and then alphabetized in order by name or site of project. Motion: Commissioner Moon moved that the 2008 comprehensive list will be comprised of all submitted properties and presented in alphabetical order; conflicting names shall be addressed by the commission and submitted by majority approval. Commissioner Garcia seconded the motion. All members voted aye, motion carried. Ms. Garcia volunteered to alphabetize the comprehensive list. Mr. Campbell resigned from this Commission due to personal reasons effective Wednesday, August I' ), 2008. ANNOUNCEMENT: Next meeting is on Monday, September 8, 2008 in Kona, at the Department of Liquor Control, Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawaii ADJOURNMENT: Ms. Springer adjourned at 1:55 p.m. Re illy mitted, /A ZStacie T. Waltjen, Secretary 7