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HomeMy WebLinkAbout2008-12-08 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION December 8, 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 Bill Gilmartin Commissioner Larry Komata Commissioner Sarah Moon Commissioner Terri Markovich Others Present: Amy Self, Deputy Corporation Counsel 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 10:03 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Mr. Flores asked that on the minutes of October 20, 2008, Page 3, sentence 2 include "them" and should read "The Commission should prioritize the resolutions and include "them" in their report to give direction to the administration on how to proceed. " Commissioner Moon moved for approval of the minutes of October 20, 2008 regular session as corrected, seconded by Commissioner Gilmartin and carried unanimously by voice vote. Commissioner Flores moved for approval of the minutes of November 10, 2008 regular session, seconded by Commissioner Garcia and carried unanimously by voice vote. WRITTEN COMMUNICATION Communication No. 08 -011: Agenda for the Department of Land and Natural Resources (DLNR) Legacy Land Conservation Commission (LLC) Meeting on Thursday, December 18, 2008 -1- Communication No. 08 -012: Agenda for the DLNR LLC Meeting on Friday, December 19, 2008 Mr. Yada provided copies of these agendas to the Commission as the LLC is also working on their rulemaking process and is having the same issues with funds for management. He commented that the LLC is possibly looking at one time expenditures to help with management and stewardship. Mr. Komata asked where the LLC monies come from. Mr. Yada replied that it is a special fund that is funded by 25 percent of the conveyance tax. Anytime anyone sells or transfer property, 25 percent of that conveyance goes into this fund. Mr. Komata asked if it is possible for the Commission to communicate with the LLC. Mr. Yada replied that they have their own application process which needs to be filled out to apply for grant WITW U41. Ms. Springer asked Mr. Yada to provide to the Commission a copy of the published list for the LLC when it becomes available. Mr. Yada also pointed out that the Lapakahi parcel owned by Mr. Reish was submitted by Trust for Public Lands to the LLC. Mr. Flores suggested that the Commission look at what properties can be submitted to the LLC for consideration in the future. Ms. Self noted that this was possible as long as the properties have Council approved resolutions authorizing purchase. Ms. Springer asked Mr. Yada that in the future he reports to the Commission the process and procedures of the LLC. DEPARTMENT OF FINANCE REPORT Mr. Yada noted that he had nothing further to report. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Selfprovided a copy of Act 020, Senate Bill No. 3105 S.D.1, Section 92 -3.1 of the Hawai `i Revised Statutes to the commissioners for their review and information. She reported that this is the new legislation that came out in regards to site visits and mentioned that it's still complicated to not invite the public on site visits. If the commissioners conduct site visits on private property the County is self insured however it does not protect the public. The site location would need to be listed on the agenda as a regular meeting. Should the landowner allow only the commissioners onto the property, the County would need to ask permission from the State Office of Information Practices on whether the public would be able to attend. If it's a closed meeting where the public is not invited, the meeting would need to be videotaped. The easier way would be to view properties from a public right -of -way. Mr. Yada mentioned that the LLC conduct their site visits with only two commissioners for each property and the Commission should consider that in the future. -2- Ms. Self added that since there's new commissioners she will be conducting sunshine law training at an upcoming meeting. CHAIRPERSON'S REPORT Ms. Springer thanked the Commission for their cooperation and kindness during her time as Chair and their continued work throughout the year. UNFINISHED BUSINESS • Commission to continue discussing drafting of the 2008 Annual Report to the Mayor (The commissioners went into discussion regarding drafting of the 2008 Annual Report to the Mayor) Lunch —12:04 p.m. Reconvened — 12:42: p.m. Commissioner Flores moved to approve the 2008 Annual Report to the Mayor with the noted revisions completed today of everything except for all of the appendices. Seconded by Commissioner Komata. All members voted aye, motion carried. • Commission to generate the 2008 Prioritized List for submittal to the Mayor (The commissioners went into discussion regarding the 2008 Prioritized List for submittal to the Mayor) NEW BUSINESS • Elect new officers for 2009 Ms. Springer asked the commissioners for nominations. Mr. Gilmartin nominated Ms. Springer for Chair. Ms. Markovich seconded the nomination. Ms. Self then reviewed the rules for the Commission and noted that Ms. Springer is not able to serve as Chair for next year. Mr. Komata nominated Mr. Flores for Chair and Ms. Springer for Vice - Chair. Mr. Flores suggested that Ms. Garcia or Mr. Komata consider these positions. Mr. Flores withdrew his nomination as Chair and may consider at a later time. Commissioner Springer moved to nominate Commissioner Garcia as Chair. All members voted aye, motion carried. Mr. Komata nominated Ms. Springer for Vice - Chair. -3- Commissioner Garcia moved to nominate Commissioner Springer as Vice - Chair. All members voted aye, motion carried. Vice -Chair Springer moved to approve the revised appendices into the 2008 Annual Report to the Mayor. Seconded by Commissioner Moon. All members voted aye, motion carried. Commissioner Flores moved to allow Vice -Chair Springer to make any minor editorial changes to the 2008 Annual Report to the Mayor before submitting to Ms. Kelepolo. Seconded by Commissioner Markovich. All members voted aye, motion carried. ANNOUNCEMENTS The next meeting is scheduled for Monday, January 12, 2009, 10:00 a.m., at the Department of Liquor Control Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawaii. ADJOURNMENT Chair Garcia adjourned the meeting at 2:00 p.m. Respectfully submitted, Alexandra Kelepolo, Jerk III