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HomeMy WebLinkAbout2009-02-09 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION February 9, 2009 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Kim Garcia Vice Chair Hannah Springer (Arrived at 10:14 a. m.) Commissioner E. Kalani Flores Commissioner Larry Komata Commissioner Terri Markovich Commissioner Sarah Moon Absent: Commissioner Bill Gilmartin Alexandra Kelepolo, Clerk III, Finance Others Present: Amy Self, Deputy Corporation Counsel Harry Yada, Property Manager, Finance (Arrived 10:29 a.m. ) Iwaloa Chilson, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Kim Garcia at 10:06 a.m. Ms. Garcia thanked Alex Kelepolo for putting together the folders for the Commissioners. It will be of great help to them. APPROVAL OF MINUTES Commissioner Ms. Markovich moved for approval of the minutes of January 12, 2009 regular session, seconded by Commissioner Ms. Moon and carried unanimously by voice vote. DEPARTMENT OF FINANCE REPORT Deferred to next meeting scheduled for March 9, 2009. Mr. Yada did note that a summary of the financial accounts will be disbursed to all Commissioners at each meeting. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self stated that there was nothing to report. -1- Ms. Garcia questioned as to the status of the hard copy for public accesses. Ms. Self indicated that, if the Commissioners had questions regarding public access for a particular property, they were to contact Larry Brown with the Planning Department. Ms. Garcia wanted to know as to when the compilation of data from Debra Chang was to be completed. Ms. Self was unsure as to when it would be completed, due to the immensity of the data. Mr. Komata asked if a Tax Map Key (TMK) would need to be given to the Planning Department, in order to obtain information. Ms. Self responded with a Yes. She informed the Commissioners that with the TMK, they are able to locate public accesses anywhere within that area. Ms. Garcia questioned that since the information collected was so immense, was no part of the information obtainable? Ms. Self informed the Commissioners that they do not have the information in a report format, which could be given to the Commissioners. Mr. Komata stated that this report was complied a while ago. Ms. Self informed the Commissioners that there is currently a hiring freeze for the county, it was unsure as to when the data would become available. Ms. Self suggested that the Commissioners compile a list with all the TMKs and contact the planning department, in order to verify public accesses. Mr. Flores had a question for the Commission. He had received a series of emails from Ms. Hecht. These emails pertained to the Commission and were sent to other Commissioners. He questioned as to who would be the appropriate person, who would follow up with these emails. Ms. Self had not received any emails from Ms. Hecht and did not know what the emails were regarding. Mr. Flores asked if he could forward these emails on to Ms. Self or Mr. Yada. Ms. Self was in agreement. Ms. Self advised that, if any of the Commissioners were to receive any emails from the Public regarding this Commission, that they were to forward the email directly to Alex Kelepolo or Iwaloa Chilson. The secretary of the Commission will need to put this as communication on the next agenda. Ms. Self informed the commissioners that all board members need to be in receipt of these emails. Ms. Garcia indicated that Ms. Hecht informed her that she had forwarded these emails to the Commissioners that she had email addresses for. Ms. Self indicated that a copy of those emails be forwarded to the secretary, in order to distribute the emails to all the Board Members. Ms. Self again instructed that all communications received from the public be given to Ms. Kelepolo or Ms. Chilson, to be put as communications on the next agenda. This will ensure that all Board Members are in receipt of any emails and it will allow a discussion to take place regarding these emails. Mr. Flores confirmed with Ms. Self, that he would instruct the person to send any emails or letters regarding the Commission to Ms. Kelepolo. Ms. Kelepolo would make sure that all the Commissioners were in receipt of these communications. Ms. Self confirmed that this would make sure that they are not in violation of the Sunshine Law. -2- Ms. Moon indicated that Ms. Hecht was campaigning for the 2% Bond. Ms. Moon would have instructed her to contact the Mayor. Ms. Self indicated that she should contact the Councilmen. Ms. Garcia believes that Ms. Hecht wants the commission to put an official suggestion in support of the 2% Bond. Ms. Moon indicated that it is her understanding that it is not the responsibility of this Commission. Ms. Garcia was in agreement with this statement. CHAIRPERSON'S REPORT Chairperson, Ms. Garcia had nothing to report to the Commissioners. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Ms. Garcia asked the Commissioners, if it was ok to hear from the Public. It was carried unanimously by voice vote 10:18 a.m. Bradely Westervelt, legislative assistant to Councilman Guy Enriques spoke to the Commissioners. He indicated that Councilman Enriques is in receipt of a letter submitted by Ms. Debbie Hecht. She indicated that she wanted to speak with the Councilman regarding taking pictures of the parks in the Ka`u district. This was to create an effort to find out where the public open spaces are located. Mr. Westervelt wrote to Ms. Hecht informing her that the map is already included in the Annual Report, submitted by PONC to the Mayor. Mr. Westervelt has not heard any response from Ms. Hecht. Mr. Westervelt wanted to know what her efforts were all about or if the Commission was directing her. Ms. Garcia informed Mr. Westervelt that Ms. Hecht is not acting on behalf of the Commission; neither can she speak on her behalf. Mr. Westervelt is unsure, if Councilman Enriques should be giving this further thought. Ms. Hecht had not provided enough information to the Councilman to proceed any further. Ms. Garcia indicated that Ms. Hecht is working with Community Group Alliance. The group is trying to get a real grasp as to where the public accesses for the beaches are around the county of Hawaii. Ms. Garcia informed Mr. Westervelt that Debra Chang was contracted by the county to compile information on all public accesses in the county of Hawaii. However, this information has not been able to be inputted. Ms. Hecht has also been trying to obtain an overview of the open spaces, public accesses and easements around this island. This is the focus of the community group alliance (Open Lands and Public Access Alliance - `OLAPA), which Ms. Garcia is apart of. Ms. Garcia indicated that Ms. Hecht wanted to personally hire a lady that does GIS, in order to provide the public with a view of all development applications over the island. So that the public is aware as to how many sites need to be protected. Ms. Garcia indicated that she maybe wrong in her understanding of Ms. Hecht's intentions. Ms. Garcia agreed with Mr. Westervelt that Ms. Hecht does need to clarify to the Councilman what is her intent. It would be nice if Councilman Enriques would inquire this of Ms. Hecht. -3- Mr. Westervelt indicated that Ms. Hecht did include in her messages a link to a website. Ms. Garcia believes that it was `OLAPA alliance website. Ms. Garcia indicated that the information compiled by Debra Chang should be made available to the public within a reasonable time. However, the county does not have the personnel to input the information into their system. Ms Moon and Ms Garcia had indicated that maybe Councilman Enriques might be able to access the Public Access information or move the process along. Ms. Self informed Mr. Westervelt that the Planning department should have the data that Debra Chang compiled. Ms. Garcia indicated Mr. Westervelt should contact Larry Brown at Planning. Mr. Westervelt thanked the. Commissioners. Ms. Garcia thanked Mr. Westervelt for his time. 10:25 a.m. UNFINISHED BUSINESS • Commission to review and consider revising 2007 Suggestion Form Ms. Moon indicated that she was very thankful for the previous Commissioners, who had put this form together. Commissioners went into discussion regarding revisions to the form Commissioner Ms. Springer moved for approval of the County of Hawai `i Public Access, Open Space, Natural Resources, Preservation Commission Suggestion Form as amended, seconded by Commissioner Ms. Moon and carried unanimously by voice vote. NEW BUSINESS • Commission to review and consider revising Assessment Criteria Form Commissioners went into discussion regarding revisions Lunch -11:58 a.m. Reconvened - 12:34 p.m. The Commissioners continued discussion of revisions to the Assessment Criteria Form Mr. Komata asked for clarification of funds. Is it possible for the county to divert this fund to other projects or is the 2 % fund set? Ms. Garcia indicated that the County Council is able to do what they want. Mr. Yada stated that the code defines what the fund can be used for, as long as it falls within the code parameters. Ms. Self stated it is the same criteria as is stated in criteria 1 on the form. Mr. Yada questioned if he was referring to what the fund can be spent on. Ms. Garcia indicated that the Mayor has already discussed using the fund for other projects. Mr. Komata affirmed that is why he needed clarification of the fund. He was not sure if the Mayor had the authority to use the 2% money elsewhere. Ms. Self stated that you would have to amend the code. Ms. Garcia asked as to who amends the county code? Does the County Council have that authority? Ms. Self confirmed that it is the County Council. Mr. Yada stated that the code reads "the fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes" which is listed on this form. As to what they need to do, council will need to decide to change this code. Ms. Garcia questioned if this was a public mandate? Mr. Yada was unsure if this was a charter that passed? Ms. Self indicated that this was a code change. It was code 2- 214(b)(5). Ms. Garcia clarified that it is basically the County Council that can change the code. Commissioners went back into discussing revising the form. Commissioner Ms. Springer moved for approval of the County of Hawai `i Public Access, Open Space, Natural Resources, Preservation Commission Assessment Criteria Form as amended, seconded by Commissioner Ms. Markovich Commissioners clarified the change to the revision date Unanimously approved by voice vote • Commission to discuss procedures for conducting site inspections Ms. Garcia suggested that the Commissioners work with community groups that have either suggested site visits or are in the vicinity of the site. -5- Mr. Yada confirmed that all commissioners had received an OIP opinion provided by Ms. Self regarding site inspections. The OIP opinion provides the procedure for site visits. Ms. Springer indicated that Ms. Self continued to caution the Commissioners about site inspections, in addition to their Sunshine obligation. The site inspections will probably not be on the actual site, but be from a distance. Ms. Garcia reaffirmed that one or two commissioners are able to visit a site. Once visited, they can discuss this with a community group member, familiar with the site and report back to the Commission. Ms. Springer confirmed that what they want to accomplish at this meeting is to articulate, even an informal process, the process for site inspections. This will allow the Commissioners to have a place in the records to refer back to for guidance. Ms. Garcia wishes to spell out their site inspection process, either in an informal inspection or a formal inspection. Ms. Springer asked, if they would like to defer to the next meeting the choice of doing an informal (2 or less), an assigned sub - committee or as a group inspection. Ms. Garcia asked the Commission, if they would like to decide as of today or if they would like to defer to the next meeting. Ms. Springer clarified that the Commissioners should come to the next meeting deciding what type of site inspections they prefer and also come prepared with recommended language. Mr. Komata asked for clarification as to the choices. Mr. Yada indicated that the assigned sub - committee is under quorum, but more than three. Ms. Moon wanted another clarification as to what is being asked for at the next meeting. Ms. Springer indicated that the Commissioners are to come back to the next meeting with guidelines for site inspections. Commissioner Ms. Moon moved to defer discussion of site inspections to the next meeting, seconded by Commissioner Ms. Markovich and carried unanimously by voice vote. • Commission to strategize on outreach activities (multi -media approach — TV, radio, newspaper, etc.) on how to solicit new suggestion forms Ms. Garcia suggested that a full page Newspaper Ad be done. This was how Ms. Garcia became informed regarding the Commission. M Ms. Moon offered to contact Na Leo O Hawaii (Cable TV Access), if they would be able to produce a program regarding this commission. Ms. Moon would enquire if they would prefer to either tape a commission meeting or maybe do an interview with a few Commissioners at their studio. Mr. Yada will check with the Finance Department to see what the budget would allow. Ms. Moon also suggested that they might want to look into doing a press release, so that there would be no cost involved. Ms. Garcia had indicated that an article was done several years ago. However, the current article would inform the public on the necessity of completing the suggestion forms in great detail. Ms. Springer suggested that someone will need to either write a draft for the newspaper article or have the commission draft an article. Ms. Moon and Ms. Garcia volunteered to draft separate articles and bring them to the next Commission meeting for review. Mr. Flores indicated that a few years ago the Commission had issued a press release. This was done through the County Public Relations (PR) office. If there were specific Medias that the Commissioners wanted to send the press release too, they would just have to notify PR. Mr. Yada brought up a concern, that when you rely only on community input for suggestions, then you always get those that have their own agendas. Instead of being able to go out looking for opportunities, you become focused on these suggestions. They should seek suggestions from other sources, providing suggestion forms to various organizations or committees. There could also be more done on a district level. The newspaper article could specify, the Commissioner of the various districts, who the public would need to contact regarding discussions of properties. The commissioners should also be able to identify properties that could be potential opportunities to purchase a property that benefits the island. Ms. Garcia agreed that as a commission, they could do more in their own district. They could also bring in people who are better informed. Ms. Moon suggested that maybe there should be a follow up of the suggestion forms that are missing information. That maybe the suggestion forms could be discussed at the various committees and groups. Mr. Yada informed the commissioners that they should also be more involved in a pre - acquisition discussion. He indicated that someone would need to meet with the owner to come up with a plan on how to deal with public access. The concerns for the landowner would be who will manage the access (who will take care of the access, who will be liable, who will pick up after the public, etc...). These are the types of discussions that need to go on at the district level. Once there is a set plan, then a meeting with the owner for further discussion regarding payment for access and management. These discussions need to take place prior to bringing it before the commission. Mr. Flores indicated that a letter should be sent to committees /organizations and individuals that the Commissioners know, informing them about the Commission and the suggestion form. -7- Ms. Self suggested also that letters be sent to the Community Development Plan (CDP) Action Committee. The Steering Committees for Kona, Puna, South Kohala and North Kohala were formed to develop community development plans. The Steering Committees' terms ended once the CDPs were adopted. The Council passed an ordinance to have the CDP Action Committees follow through with these plans. The CDP Committees are currently being filled with members and should be ready to start in the next couple of months. The Planning Department (Nancy in Kona, Larry in Puna, Allan for both North and South Kohala) would be the ones to contact regarding these committees. • Commission to review previously submitted suggestion forms regarding public access Ms. Garcia would like clarification regarding what is public access. Where do you go to get a definition for Public access or how do you obtain Public Access? Ms. Self indicated that Ms. Garcia should refer to Chapter 34 of the County Code. There is an enabling statute in the Hawaii Revised Statues that requires the County to obtain Mauka -Maki access from property owners who apply for subdivision approval. This provides public access to the shoreline. Ms. Garcia wanted to know how one obtains public access. Ms. Springer indicated that the Highways Act of 1892 is the oldest legislation calling for the identification of Highway access. Ms. Self indicated that property established prior to 1892 would not be affected. Mr. Yada indicated that this is not necessarily vehicle access. Some are not very clearly marked per Ms. Self. Ms. Garcia stipulated that they are just accesses. Mr. Yada said that some are just trails. Ms. Springer made it known that there were no vehicles back then. Ms. Garcia questioned how someone can establish access in a place where there is no public access? Ms. Self indicated that you can not take someone's property without paying for it. There are only two ways to establish public access. You can either condemn the owner's property, which probably will not happen. The second is if the landowner comes in for some sort of entitlement; Special Management Area (SMA) permit or Sub - division application; a condition is put on their entitlement to provide public access. Mr. Yada indicated that there is a third way, if there is a historic trail or a road owned by the government prior to 1892 then the landowner must provide public access. Ms. Moon thought that there was a state law that made the coastline public and gave access to it. Examples are the hotels that provide access to the beaches. Ms. Self indicated that was due to entitlements. Ms. Springer informed the Commissioners that Ms. Kelepolo had included a copy of Chapter 34 in their public access suggestion forms binder. She confirmed with Ms. Self that they should be looking at 34 -5, requirements. Ms. Self stated that public accesses do not stop; people are continuously coming in for entitlements. Some public accesses do exist, but signs are not up to indicate where the access is located. The owners are required to put up a sign indicating the location of the public access. Planning Department is doing what it can to make sure that the signs are put up. Ms. Springer indicated that on the Assessment Criteria form it mentions a book entitled "Inventory Showing Public Accesses of 1979 ", it maybe available at the public library. The book goes plate by plate around the island showing public accesses. Ms. Garcia indicated that the Planning Department also has this book, which can be looked at. Mr. Flores has a book titled "Public Access to Shoreline; Legal Aspects County of Hawaii " dated March 1982. Some information will be outdated and some are still relevant. A copy might be made and given to the Commissioners. Ms. Springer suggested that the Commissioners review Chapter 34 and that they might bring in some relevant materials on public accesses to the next meeting. Mr. Flores would like to know what the intended purpose of reviewing these suggestion forms is. Are the Commissioners to rank these forms? What are they doing with these forms? Ms. Garcia would like to assess the possibility of establishing or clarifying public access. She would like to look closer at these forms, maybe clarifying the language or provide support for these accesses. Would like to open these suggestion forms or close them? Mr. Flores would like to know what the focus is. Do they have to look at each form, or look at their districts? What are they looking for? Ms. Springer wanted know what is their homework? Ms. Garcia informed the Commissioners to go thru the public access suggestion form binder for their district only. Each commissioner is instructed to research the suggestion forms and locate the forms that fall under the commission. If the commission is able to do something about it, then they are to present it to the commission at the next meeting. If there is nothing that the Commission can do, then they will close it. Mr. Komata wanted to clarify that the Commissioners were reviewing these forms in order to prioritize these items. Ms. Springer indicated that these forms were presented to the Commission. We have not looked at access before this. They were reviewed and scored. But because they scored low, they were not looked at. The Commission will now look at these and prioritize them. Mr. Komata clarified that these forms were already prioritized. Why are the Commissioners re- prioritizing these forms? M Ms. Markovich indicated that they will go back and re- assess these forms. Ms. Springer indicated they will re- assess it with the focus on public access. The criteria scoring never allowed them to look at public access. The questioned has been with the Commission for a number of years on how to treat these that do not focus on acquisition per se. Mr. Komata stated he thought that all properties are looked at equally. Mr. Flores explained that by nature of the assessment form they will always receive a low rating, unless the public access has a historic site. Even though they end up having low scores they are still prominent issues. This particular year, the commission will look at some that should be really considered for acquisition. Ms. Garcia explained that they were unsure as to their money sources. Most of the commission's money is being used for Kawa`a, which is why the Commissioners are currently looking at properties that may not take a lot of money. Ms. Garcia wanted to look at public access suggestion forms and see if the commission can help or not help. Ms. Self explained that the tool that the Commission has is to put a property on the prioritized list for purchase. If they would like the County Council to pass a resolution to purchase an easement or a property, then that is what they can do. Mr. Komata suggested that they should change the suggestion form so that each property is treated equally. Mr. Yada indicated that the Commission was relying on the score from the criteria list. Since the commission is no longer relying on the score, then when the opportunity presents itself you can act on it. Mr. Flores said that you can not change the suggestion form. Public access will never be able to meet all of the criterias. He believes that there is no way of making it equal. Mr. Komata stated that trying to purchase a conservation easement instead of purchasing the whole property would be less costly. Mr. Flores indicated that actually purchasing a conservation easement could be the whole tract of land. It is different than obtaining an easement, just a strip of road from point A to B. However, when it does get to the point of purchasing a conservation easement, Mr. Yada or the Finance Department would negotiate the terms. Also, some of the suggestion forms do indicate, if the owner would like to do a conservation easement. Mr. Komata referred back to the suggestion forms indicating that the submitter has not confirmed if the owner is willing to sell or not. -10- Mr. Yada confirmed that some of these suggestion forms are from people, who have not spoken to the owner, and it is unsure if the owner would be willing to sell. This is probably the reason why these forms were put on the side. However, it is appropriate that the Commissioners understand the public access laws and all the nuisances. Ms. Garcia indicated that the Commissioners should review these forms to see if anything can be done. Ms. Self indicated that if you are purchasing an easement, you will need to have some sort of metes and bounds, unsure as to the need of an official survey being conducted. ANNOUNCEMENTS The next meeting is scheduled for Monday, March 9, 2009 at 10:00 a.m., at the Department of Liquor Control Conference Room, 75 -5722 Hanama Place, Suite 1107, Kailua -Kona, Hawaii. ADJOURNMENT Commissioner Ms. Markovich moved for adjourning the February 9, 2009 regular session meeting, seconded by Commissioner Ms. Springer and carried unanimously by voice vote. Chair Garcia adjourned the meeting at 2:20 p.m. Respectfully submitted, Ll� &- L11— Iwaloa Chilson, Clerk III -11- Public Access, Open Space and Natural Resources Preservation Fund Accounting Report Date Description Deposit Expenditure Balance Jan '06 Transfer from General Fund 1,000,000.00 1,000,000.00 Aug '06 Transfer from General Fund 1,000,000.00 2,000,000.00 Sep '06 Interest 23,671.22 2,023,671.22 Apr '07 Interest 54,334.19 2,078,005.41 Apr'07 Real Property Tax Transfer 1,462,051.38 3,540,056.79 Jun '07 Real Property Tax Transfer 57,271.51 3,597,328.30 Jul '07 Interest 34,835.80 3,632,164.10 Oct'07 Waipio Purchase 902,255.43 2,729,908.67 Oct'07 Real Property Tax Transfer 156.23 2,730,064.90 Oct '07 Interest 45,503.99 2,775,568.89 Nov'07 Waipio Escrow Refund 110.00 2,775,678.89 Dec '07 Real Property Tax Transfer 2,378,195.36 5,153, 874.25 Jan '08 Kawaa Purchase 1,923,388.26 3,230,485.99 Jan '08 Interest 41,260.42 3,271,746.41 Feb '08 Interest 15,884.30 3,287,630.71 Feb '08 Kawaa Escrow Refund 80.97 3,287,711.68 Jun '08 Real Property Tax Transfer 1,780,905.82 5,068,617.50 Aug '08 Interest 67, 373.11 5,135, 990.61 Sep '08 Contribution From State for Kawaa 1,214,750.00 6,350,740.61 Dec'08 Interest 42,867.51 6,393,608.12 Dec '08 Real Property Tax Transfer 2,494,896.33 8,888,504.45 Feb '09 Real Property Tax Transfer 6,107.29 8,894,611.74