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HomeMy WebLinkAbout2009-01-12 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION - - MINUTES- REGULAR SESSION Jmuary 12, 2009 Department of Liquor Control Con&reace Room 75- 5722 - Hanama Place, Suite 1107 Kailua-Kona, Hawaii 96740 Present: Chair Kim Garcia Vice -Chair Hannah Spinger Commissioner E. Kalani Flores (arrived at 10:13 am) Commissioner Bill Gilmartin (arrived at 10.26 a. m.) Commissioner Lary Komata Commissioner Terri. Markovich - Commissioner Sarah Moon Absent: Harry Yada, Property Manager, Finance Others Present: Amy Self, Deputy Corporation Counsel (arrived at 10.28 an) Daryl Inaba, Property Management Specialist, Finance. Alexandra Kelepolo, Clerk III, Finance Iwaloa Chilson, Cleric III, Finance CALL TO ORDER The meeting was called to order by Chair Kim Garcia at 10:02 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES lice -Chair Springer moved for approval of the minutes of November 24, 2008 special session seconded by Commissioner Komata and carried ply by voice vote. Commissioner Komata moved for approval of the minutes of December 8, 2008 regular session, seconded by Vice - Chair *roger and carried unanimously by voice vote, DISCUSSION WITH DEBBIE HECAT REGARDING THE POSSIBLE USE OF BONDS AS AN ADDITIONAL FUNDING SOURCE TO PURCHASE LANDS UNDER THE OPEN SPACE FUND (Ms Debbie Recht provided a handout to the Commission on the possible use of bonds to purchase open space properties) -1- Ms. Hecht talked about the approval of resolutions by the Hawai.`i County Council (Council) authorizing the County to purchase lands i.e. Puaagua`a, Pa`o`o and K.aiholena. She highlighted that since property taxes are expected to diminish, the estimated amount deposited into the 2% fiord will probably go down fiom 4 million to 3.5 million. This amount could be used as the down payment for a 50 million dollar bond. She noted that over 200 communities across the United States have floated bonds. This opportunity could give the County a better position to attract matching fiords from State and Federal government. In addition she strongly opposes the use of the 2% monies towards park maintenance and stresses. that it's a betrayal of voter's trust. Ms. Garcia asked Ms. Hecht what she wants the Commission to do. Ms. Hecht asked if the Commission would be comfortable writing a letter to the Council recommending that monies from the 21/6 fund be used as a down payment for an open space bond. Ms. Garcia asked where the money would come from if the County does not have enough money in the 20A fund. Ms. Hecht replied that the bonds would be limited to how much could be paid by Property taxes. Mr. Flores noted that in -a prior meeting with a representative from the County Finance Department (FD), it was discussed that if the county leverages bonds it affects their fiscal ratings which affects the interest of everything else.. He suggested that instead of imposing a 50 million dollar band which could create a "shock factor" the amount should be left open which could open the way for more support. Ms. Hecht noted that the 50 million dollar bond amount was based on a 4 million dollar deposit when property values were at their highest. If the Council authorized that, you wouldn't go out and use the money all at once, it would also depend on whether the property was available for purchase. In addition, Ms. Hecht stated that as far as the bond rating goes, there is many other factors and not only how much is borrowed as the County is significantly below the fifteen percent rate that is set by the State constitution. Ms. Springer asked Ms. Hecht if the 50 million dollar bond could be clearly stated as an example given along with an example of a bond at a lower rate. Ms. Garcia expressed her concern that there will be no money for management and maintenance if the bond monies can only be used for acquisition. Ms. Hecht replied that property values am depressed and projected to be de- valued by 30 to 50 percent which means you can still acquire properties and have it developed as funds become available. Ms. Springer asked Ms. Self if she could comment on Ms. Hecht's question regarding a change to the open space ordinance. Ms. Self replied that this question should be answered by Mr. Harry Yada or someone from the FD. The Council would have the authority to change the ordinance; however the FD would have to address the open space bond request. -2- Ms. Springer asked Ms. Hecht to attend the Kona meeting in March and have someone from the FD present to answer her questions. DEPARTII►IENT OF FINANCE REPORT Mr. Inaba reported thaot 2.294 million was deposited into the open space fund in December 2448 with a total balance of 8.894 million. OFFICE OF THE CORPORATION COUNSEL'S REPORT (As Se rdid a presentation to the Commssion of "The Sunshine Law — Hawai `i `s Open Law ') CHAIRPERSON'S REPORT Ms. Garcia focused on the definition of `reservation" and addressed the Commission that the suggestion forms already submitted by the public should be reviewed to see what they can do with the funds currently available. She also asked for direction from each commissioner and suggestions on how to proceed this year. NEW BUSINESS ■ Commission to discuss background orientation materials for new commissioners Ms. Springer asked the new commissioners if there were any gaps in the materials that were provided to them. Ms. Markovich expressed her confusion over the Commission's overall authority over public access. Ms. Self noted that when a suggestion form is submitted for public access, the County Finance Department should check with the Planning Department (PD) first to see if they have a public . access on file in that area. She noted that there are instances where landowners have not yet put up signage, however there is public access. If someone applies with PD for a subdivision application for properly near the shoreline or mountain, they are required to provide access under State and County laws (Chapter 34 of the Hawaii Comity Code). It can also be a condition to a Special Area use permit. Ms. Garcia asked Ms. Self if #hey could still put in a recommendation to the Council for P#eikou Mill Beach Road for'public access. Ms. Self told Ms. Garcia that they could do that however they should check with PD since you can't demand someone to provide public access without them first coming to the County for an entitlement. Mr. Gilmartin suggested that the biographies of the current members be provided to new commissioners. Mr. Flores asked that in January of each year, the commissioners be given copies of their biographies for review and revision if necessary. .. 3 _ - Ms. Moon asked if there could be a one on one meeting for new commissioners before the first meeting. Ms. Self noted than she created a power -point presentation for the C'ommi lion when it was first created and will provide each of them, with a copy as well as for new members. Recess: 11 :55 a.m. Reconvene: 12:01 pm. ■ Commission 10 review and consider revising 2007 Suggestion Form (7he commissioners went into &scussion regarding the 2007 Suggestion Form) Ms. Garcia noted that this item will be deferred to the February meeting for further discussion along with the review of the Assessment Criteria form. o Discuss sehedoling shmtegies for 2009 Ms. Garcia suggested that they review the suggestion forms already received and select one or two to dim ss at the next mecting on possible site visits. Mr. Flares noted that a schedule be set first before conducting site visits. He added that for new suggestion forms, the properties will still need to be assessed and ranked. If they decide to re -visit properties already ready submitted it should be looked at in more detail and possibly re-prioritized. Ms. Garcia feels than they should work with what they have, possibly expand on sites that are worthy of preservation and not necessarily go for the "big ticket" items. Mar. Flores noted that if they decide to revisit suggestion forms, they can look at those submitted for public access easements since those forms don't necessarily score high during the asses-s1ent criteria process. Ms. Springer commented that what Mr. Flores suggested helps them focus on access issues as it was identified within the 2008 Annual Report to the Mayor. Mr. Komata asked if its possible to get a list of public accesses. Ms. Self will check with the Planning Dent to get a copy. Mr. Gilmartin added that they should consider how they will solicit new forms this year. Ms. Moon asked if there was a policy on whether one or two commissioners could go on Na Leo public access cable channel and possibly do an interview in regards to the Commission. Ms. Self replied that she doesn't see why not but suggested it would be better to have them come to a meeting. She reminded Ms, Moon that only two commissioners can be present at each time and they should have their forms finalized before going on television as not to mislead the public. Ms. Garcia suggested that site visits be done in May. Mr. Flores added that since it takes about two months to draft the report, site visits should be done in August. if it's done sooner, the properties would need to be identified and assessed. -4- Mr. Gilmartin agreed with Mr. Flores that they focus on having the forms finalized first and then do the site visits in some sort of standard matter and not in a random way. Ms. Springer added that theme should be consistency and transparency in how the Commission conduct them business and those standards have yet to be established. Ms. Self reminded the Commission that if they do conduct site visits, she seriously doubts than the landowners will allow them onto the property. Therefore it will have to be viewed from a public d&-of -way. (Ms *ringer swnmarriwd the Commission's tentative schedule for 2009) . ➢ February — review and approval of suggestion and assessment criteria forms; ➢ March - review suggestion forms received on public access topic; i - have a reprove from the County of Hawaii, Department of Finance address Debbie Hecht's questions in regards to open space bonds, ➢ April —review suggestion forms received on public access topic; ➢ May — conduct public access site visits; ➢ June — review of suggestion farms; i July - assessment of suggestion forms; ➢ . August — site visitation for now properties; ➢ September — compiling lists; ➢ October — drafting of annual report; ➢ November — finalising report; ➢ December — submission of annual report to the Mayor. i Mr. Flores mentioned that someone could do public relations (PR) in March announcing what the Commission is about along with soliciting for new suggestion forms through newspaper, e-mail, fi*inet website and/or cable TV. Ms. Springer added that this could be part of the outreach notifying the public that the revised forms have been completed and are available for public ugmL The next meeting is scheduled for Monday, February 9, 2009, 10:00 amL, at the Departnenit of Liquor Control Conference Room, 101 Aupuni Street, Suite 230, Fl lo, H,awai`i. Chair Garcia adjourned the meeting at 12:53 p.m. Respectfully submitted, Alex�nclra Kelepolo, erk III -5-