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HomeMy WebLinkAbout2008-10-20 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES- REGULAR SESSION October 20, 2008 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Hannah Springer Commissioner E. Kalani Flores Commissioner Kim Garcia Commissioner Larry Komata Commissioner Terri Markovich (arrived 10:02 a.m.) Commissioner Sarah Moon Absent: Commissioner Bill Gilmartin Others Present: Amy Self, Dep. Corporation Counsel (left 10:52 a.m.; returned 12:45 p.m.) Harry Yada, Property Manager, Finance Daryl Inaba, Property Management Specialist, Finance Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Hannah Springer at 10:01 a.m. Ms. Springer asked to have "new business" moved before "unfinished business." STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Commissioner Komata moved for approval of the minutes of June 17, 2008 regular session, seconded by Commissioner Markovich and carried unanimously by voice vote. Commissioner Moon moved for approval of the minutes of July 14, 2008 regular session, seconded by Commissioner Garcia and carried unanimously by voice vote. Commissioner Markovich moved for approval of the minutes of August 11, 2008 regular session, seconded by Commissioner Moon and carried unanimously by voice vote. Commissioner Markovich moved for approval of the minutes of September 8, 2008 regular session, seconded by Commissioner Moon and carried unanimously by voice vote. - 1 - DEPARTMENT OF FINANCE REPORT Mr. Yada reported that the County received the reimbursement of the 1.2 million from the DLNR Legacy Land Fund (LLF). The County did receive the appraisal for the Olson properties in Kawa`a which complies with Federal standards and is currently under review. In regards to the Waipi`o property, a eucalyptus tree was cut down and the existing residential structure will be demolished soon since it's not worth salvaging. Mr. Yada noted that no applications were submitted to LLF this year for grant monies this coming year. Townscape is proceeding with the initial stages of the management plan for Honu`apo to Kawa` a. Mr. Flores asked when the deadline would be for the next round of applications for LLF. Mr. Yada replied September or October of next year. Mr. Flores asked what properties the County would submit for next year. Mr. Yada replied that it depends on what comes up on the list based on the property and what fits the type of Federal program you are applying for. The grants are specifically targeted on certain type of resources. Mr. Yada added that once they complete the purchase of Kawa`a, the administration will go back to the Council to seek their direction on what property would be next to purchase. Ms. Moon then asked Ms. Self on whether the Commission can move forward on obtaining LLF grant monies for any property or only ones that have resolutions from the Council. Ms. Self replied that if you read the ordinance that created PONC, the Council decides which properties to authorize the County to purchase. There's nothing in the ordinance that says the Council has to choose from the priority list of properties. Mr. Yada added that in the balance of power between the Council and the administration, the County cannot purchase anything unless the Council authorizes the purchase. Ms. Garcia stressed that if they are not going to have any money, they should focus on the requests that don't require money and focus on easements and public access ways. Mr. Yada pointed out that just because we're not applying for LLF doesn't mean we don't have money; anything you do in conjunction with access ways would still need to be on the list and sent to Council for approval. We do have money to work with; however the issue we need to determine is if the property is for sale or not. Ms. Springer suggested that in early 2009, they can form a sub - committee to look into easements and make a recommendation for next year. Ms. Self said that she will contact County Planning Department to see if they have a hard copy of the listed easements that the County is currently working on. -2- Mr. Flores said that in actuality, the administration has been authorized to pursue the purchase, but the dilemma is which properties to prioritize. The Commission should prioritize the resolutions and include them in their report to give direction to the administration on how to proceed. Mr. Komata asked Mr. Yada if there is 5 million dollars in the open space fund right now. Mr. Yada replied that under the assumption that the County will be able to complete the purchase of Kawa`a with the grant monies of 1.5 million from LLF and 1 million from U.S. Fish and Wildlife. Based on the ordinance, every six months the County has two percent from property taxes being deposited into the open space fund. The estimate for the end of this year will be about 2.4 million additional and after December there should be over 4 million. Mr. Komata said that with this year and next year's deposits there should be at least 9 million in the fund at the end of December 2009. CHAIRPERSON'S REPORT Ms. Springer had nothing to report but did mention that she brought maps of the areas to be discussed and Ms. Moon also brought a map. NEW BUSINESS • Commission to review and approve draft "Rules of Practice and Procedure of the Hawaii County Public Access, Open Space and Natural Resources Preservation Commission" Ms. Self noted that at the July meeting, the Commission made amendments to the rules. She mentioned that after reviewing the County Charter, section 13- 20(c), she recommend that section 6 -4(b) "Special Meetings" be kept the same as it is in the rules now. Commissioner Markovich moved that section 6 -4(b) be submitted back into the rules to comply with the Charter, seconded by Commissioner Garcia. Mr. Komata asked if they could just make a motion to accept section 6 -4(b) as submitted. Commissioner Markovich and Commissioner Garcia withdrew their previous motion. Commissioner Markovich moved to accept the rules of practice and procedure of this Commission as circulated today, seconded by Commissioner Garcia and carried unanimously by voice vote. Break -10:45 a.m. Reconvened -10:51 a. m. -3- UNFINISHED BUSINESS Commission to discuss drafting of the 2008 Annual Report to the Mayor Ms. Springer noted that the Commission had scheduled a field trip for site visits and asked if there was any interest on trying to reschedule a site visit before the November meeting. Ms. Garcia said that she would like to have a site visit but don't think it will happen. Ms. Springer asked if they will consider putting it on their calendar. Mr. Yada clarified that they will need to schedule two site visits, one for East Hawaii (Honolulu Landing, Wai`ele, Cape Kumukahi, Honoli`i) and one for West Hawaii ( Puapua`a, `O`oma, Kohala properties). Mr. Flores asked what they would actually see if they do site visits since they may require an all terrain vehicle and landowners approval. He suggested that for the November meeting, someone provide visuals and digital pictures of the properties. Ms. Springer asked Mr. Yada if that's what he was describing that the Legacy Land Commission (LLC) does. Mr. Yada replied that two commissioners did a field trip in Kawa`a, of which they had a willing owner who took them to the property. Ms. Springer mentioned that a more effective way of using their time is to have commissioners go out to the various properties and take pictures Ms. Moon asked if they can contact the applicants who submitted the applications for information. Mr. Yada mentioned that it's going to vary by submission since not all landowners are willing to sell. Mr. Flores suggested that a letter of inquiry be sent out to the landowners for clarification purposes. This letter would determine whether or not at this point or in the future if they are interested in selling their property to the County. This would be the primary criteria and the Commission can determine which properties they should look at that already have resolutions passed by the Council. Ms. Springer asked Ms. Garcia to bring visuals of Puapua'a to the next meeting. She then asked Mr. Flores to bring visuals of the Kohala properties (Mahukona, Pa`o`o, Kaiholena and Kukuipahu - Haena). Ms. Moon will gather information for Wai`ele. Mr. Flores commented that `O`oma did not have a resolution passed and we have two months to look at this. We should take a closer look at the properties that already have resolutions passed by the Council and prioritize the resolutions. Mr. Flores noted that a letter should be sent out since situations may have changed now even if the landowners initially expressed their willingness not to sell. The properties that already have resolutions approved by the Council are Punalu`u, Wai`ele, Honolulu Landing, Cape Kumukahi, Puapua`a, Kawa`a, Kaiholena (644 -08) and Pa`o`o (616 -08). Ms. Springer noted that the Commission needs to prioritize those properties that have resolutions approved. Mr. Yada noted that Honoli`i has a resolution also but it wasn't part of the Commission's process. Mr. Springer then asked the commissioners if they wanted to include Honoli`i in the priority list. Ms. Markovich replied yes. Ms. Moon replied yes. Mr. Komata replied yes. Ms. Garcia replied yes. Ms. Springer replied yes. Mr. Flores replied yes. Mr. Yada added that the Council has authorized the purchase of Honoli`i using the open space fund. (The commissioners then reviewed and discussed the maps that were provided by Ms. Springer and Ms. Moon and went into discussion regarding the 2008 Prioritized List) Lunch —12:03 p.m. Reconvened —12:40 p.m. (The commissioners continued discussion creating the 2008 Prioritized List) Mr. Flores suggested that letters be sent to all landowners of properties on the prioritized list as an inquiry asking them if the property is presently available for acquisition. Mr. Yada said that a letter can be sent out but he doesn't feel that the Commission will get a response. Ms. Springer asked Mr. Yada for any suggestions. Mr. Yada noted that with the LLC, they wouldn't even get this far or even consider it if the landowner is not willing to sell. Ms. Self added that the Commission did receive letters from attorneys telling the County that they had no interest in selling, Punalu`u and Kaiholena, for example. In this situation the Council has already authorized the purchase and it's now in the County's hands to proceed with acquisition. Mr. Yada stressed that the whole concept is to have a list that represents what the Commission is recommending to the Mayor to act on, not necessarily to add to a long list of properties. Mr. Flores added that the key would be to confirm availability with the landowner. Ms. Garcia noted that these properties are submitted by the public and regardless of whether the property is available for purchase it should still remain on the list. Ms. Springer then asked the Commission on whether letters should be sent to the landowners who are willing and not willing to sell. -5- Ms. Markovich replied against sending any letters. Ms. Moon replied sending letters to landowners not willing to sell. Mr. Komata replied sending letters to landowners willing to sell. Mr. Flores replied sending letters to landowners willing to sell. Ms. Garcia replied against sending any letters. Recess - 2:03 p.m. Reconvened - 2:11 p.m. Ms. Self commented that if the Commission sends out a letter she wouldn't want the owner to be construed as an offer and if they accept there is no money to purchase right now. Her concern is that this Commission is an advisory to the Mayor and doesn't feel that its right for a letter to go out as it should be left up to the Council. Commissioner Flores moved by letter or phone call inquiry through the County of Hawaii Finance Department to send a letter to those properties listed as to the availability of acquisition for those identified with ayes or question mark, no second by any Commissioner. Ms. Springer asked the commissioners to study the applications that are available for has a question mark (Cape Kumukahi, Wai`ele, Pa`o`o, Honoli`i and Honolulu Landing). She asked Mr. Yada to follow up on the status of Honolulu Landing and it's availability for purchase. She further added that they will not take any more action on Punalu`u and Kaiholena as it will be removed from the prioritized list. Ms. Springer then asked the commissioners to take a page and edit it for the draft annual report. Ms. Springer will take the cover page to the Mayor. Mr. Komata will take Page 5. Mr. Flores will take Page 2. Ms. Garcia will take Page 1. Ms. Moon will take Page 4 Ms. Markovich will take Page 3. Ms. Springer asked the commissioners to go out and do field work. Ms. Moon will go to Cape Kumukahi, Wai`ele and Honolulu Landing. Ms. Garcia will go to Puapua`a. Mr. Komata will go to Honoli`i. Mr. Flores will go to Pa`o`o. Ms. Springer asked Mr. Yada to bring his computer to the next meeting to provide visuals of the properties along with graphic elements. Mr. Flores asked Mr. Yada if he could find out the estimated going prices or a ball park figure of these properties and provide at the next meeting. M ANNOUNCEMENTS The next meeting is scheduled for Monday, November 10, 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 2:30 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III -7-