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HomeMy WebLinkAbout2009-04-13 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION April 13, 2009 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Kim Garcia Vice -Chair Hannah Springer Commissioner E. Kalani Flores (arrived 10:03 a.m.) Commissioner Steven Hirakami Commissioner Larry Komata Commissioner Terri Markovich (arrived 10:12 a.m.) Commissioner Sarah Moon Absent: Commissioner Bill Gilmartin Others Present: Amy Self, Deputy Corporation Counsel Daryl Inaba, Acting Property Manager, Finance Alexandra Kelepolo, Clerk 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 Ms. Springer made a correction to Page 5 under "unfinished business" to correct her district from "South" to "North Kona." Commissioner Komata moved for approval of the minutes of March 9, 2009 regular session, as amended, seconded by Commissioner Hirakami and carried unanimously by voice vote. DEPARTMENT OF FINANCE REPORT Mr. Inaba reported that he checked the County's records as requested by Mr. Hirakami on whether the properties purchased with the open space fund were somehow identified. He noted that in the County inventory system it has been changed to designate and identify those properties purchased with the open space fund monies. - 1 - Ms. Garcia asked for the current fund balance. Mr. Inaba replied that it's attached to the minutes. Ms. Markovich asked for clarification on the amendment of the suspension of deposits into the 2% fund. Mr. Inaba replied that the Finance Committee voted in favor of the amendment 7 -2 which will move the effective date from January 1, 2009 to July 1, 2009. The Finance Department is still waiting for the Council to prepare another resolution to prioritize the properties that have already been approved. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self had nothing to report. Ms. Moon asked where she would be able to find the laws pertaining to public access. Ms. Self replied that for the County, it would be Chapter 34 of the Hawaii County Code. For the Hawaii Revised Statutes (HRS), it would be § 46.6.5. She also told Ms. Moon that you can find the updated amendments to the HRS on the website under Hawaii State Legislature, CHAIRPERSON'S REPORT Ms. Garcia suggested that they ask the Council to change the code to widen the parameters of the Commission. She feels that with the monies in the 2% fund, the focus should be on public access and easements, and re- establishment and restoration of historic trails around the island. She strongly opposes the Council purchasing Pa`o`o, Puapua`a and Kaiholena. Ms. Markovich noted that the Commission should address having the language regarding restoration of the PONC funds included. UNFINISHED BUSINESS • Commission to discuss previously submitted suggestion forms regarding public access in the various districts Ms. Garcia asked the commissioners if anyone had time to do research in their respective districts. Ms. Moon reported on the access for Papa`ikou Mill Beach Road in South Hilo. (The commissioners went into discussion) Ms. Garcia asked Ms. Moon to do more research on the road easement so that the Commission knows what direction to take. Ms. Self stressed to the commissioners that she doesn't see anything in the County Code which says that they are to go beyond their duties and responsibilities. Mr. Hirakami reported on Wai`ele and Honolulu Landing in Puna. He feels that the Commission needs to re -set their priorities and re- direct their efforts into leveraging the monies that is currently in the fund instead of just buying properties. -2- Ms. Markovich noted that she attended a Mauka and Makai Access (MAMA) meeting recently and they discussed the Haina Landing in Hamakua. (The commissioners went into discussion) Ms. Garcia reported that she walked the Judd Trail in Kona with two members of the Kona Hiking Club. (The commissioners went into discussion) Ms. Self mentioned that she contact Mr. Larry Brown of the Planning Department since they have an inventory of all public accesses and can say whether it's County or State. If it's a State trail they can contact Department of Land and Natural Resources, Na Ala Hele trail office. Mr. Flores added that the State Historic Preservation Division also has information on the Judd Trail. Ms. Self told the Commission that they can write a letter to the person submitting the suggestion form or verbally communicate on directing them to the appropriate agency to contact. Ms. Springer mentioned that maybe after this initial round of reviewing the forms, they go through the binder more "methodically" and possibly generate a form letter indicating the appropriate contact information. Mr. Flores suggested that they have an "action/recommendation" form to attach to suggestion forms to note the Commission's actions for future reference. Ms. Springer reported that the forms for `O`oma were distributed and should be added to their public access binder packets for North Kona. • Commission to discuss procedures for conducting site inspections Ms. Springer reported that she collected all the comments from the previous meeting and will have this information available at the next meeting. Ms. Garcia therefore deferred this item. • Commission to review drafts from Ms. Garcia and Ms. Moon for multi media (TV, radio, newspaper, etc.) approach in order to solicit suggestion forms Ms. Garcia suggested that they discuss the two drafts prepared by Ms. Moon and herself. She also suggested that one of them do a radio interview with Ms. Sherry Bracken of LAVA KIPA K -BIG to inform the community and make them more aware about the Commission. Ms. Markovich mentioned that Councilmember Guy Enriques took a poll which was reported in the newspaper and hardly anyone knew about the Commission so this would be a good idea. -3- Ms. Self noted that she has no problem with the Commission doing this to let the public know that they are still receiving suggestion forms; however they cannot take a political view on this. She added that as an individual they can go to their respective Council members but as a Commission they cannot be politically motivated. (The commissioners went into discussion to review the drafts prepared by Ms. Moon and Ms. Garcia to draft the public service announcement for submission to West Hawai `i Today and Hawai `i Tribune - Herald to solicit suggestion forms) Recess —12:25 p.m. Reconvened —1:00 p.m. (The commissioners continued their discussion) Motion: Vice -Chair Springer moved to approve the PONC press release as amended. Seconded by Commissioner Moon. All members voted aye, motion carried. Ms. Kelepolo will submit the press release to Mr. Hunter Bishop to send to West Hawaii Today and Hawaii Tribune Herald. Ms. Garcia asked the commissioners to work on a "Question and Answer" script for her interview on the radio with Ms. Bracken. She noted that they will add this on the agenda for the next meeting. Motion: Commissioner Hirakami moved to authorize Chair Garcia to make contact with Ms. Bracken to be interviewed and develop a list of questions and answers to be approved at the next meeting. Seconded by Vice -Chair Springer. All members voted aye, motion carried. Mr. Komata suggested that they submit questions and answers to Ms. Kelepolo prior to the meeting and she will forward to Ms. Garcia to review before the next meeting. Mr. Flores added that the questions and answers can come straight out of the County Code. Mr. Flores added that the suggestion forms are due by the end of May. The commissioners added this information into their PONC press release. Motion: Commissioner Moon moved to approve the amendment to the PONC press release. Seconded by Vice -Chair Springer. All members voted aye, motion carried. • Commission to discuss the Mayor's proposed suspension of future deposits to Open Space Fund Mr. Hirakami expressed his interest over some comments made at the Council meeting. He wanted to know if the Commission could set up stewardship funds. He stressed that due to the budget constraints, the Commission should re -think their priorities and instead of just buying lands, they should focus on access, easements, and look at other ways to maximize the money and leverage their position through management and stewardship programs. Ms. Garcia noted that the Council would need to change the County Code to do this. Ms. Self added that it would only change one section of the code that deals with what the funds can be used for. Mr. Hirakami noted that once the 10 million is spent then the Commission is no longer needed and the suggestion forms will be moot since there's no more money left in the fund. Ms. Self told the Commission to keep in mind that there are other County departments that deal with public access issues, i.e. Planning Department, Public Works. She wants them to make sure that it's not something that's already being done by another department. She further noted that she is not sure that Council needs to amend the code to suspend deposits into the 2% fund. She will check the County Charter and let them know what she finds. Ms. Self told Mr. Hirakami that in regards to leveraging funds, the Commission already has the authority to do this; it doesn't require an amendment to the County Code. She added that Council is talking about passing a resolution to have their own priority list to authorize the Finance Department on what properties to purchase next. Ms. Garcia noted that by the end of December, the Commission can give the Council a new prioritized list with new suggestions for consideration. Mr. Flores added that the list goes to the Mayor for review and he sends his recommendation to the Council. Mr. Flores expressed that he doesn't think this should even be discussed since it's out of their pervue and feels that there's nothing that can be done. Ms. Garcia suggested that the Commission send a letter to the Mayor to include a restoration date for the suspension. Ms. Self added that it's past the Mayor and already in the budget at the Council level. Mr. Flores mentioned that the report doesn't need to be done in December, it can be done earlier. Ms. Springer asked Ms. Self what would be the optimal month to be better poised for the upcoming budget. Mr. Inaba replied that October is when they start working on their budget. Mr. Flores noted that they could dialogue with the Mayor and start drafting of the annual report in October. Ms. Markovich then expressed her interest in using the 250,000 dollars deposited into the 2% fund annually to pay the premium for an open space bond. Ms. Springer mentioned that when Ms. Debbie Hecht presented this proposal to the Commission she did note that this wasn't a good time to consider this idea, maybe after the budget was approved. Ms. Self added that Ms. Deanna Sako of the Finance Department also talked about how the bond would affect the County's bond rating which at this time is very critical. -5- Mr. Hirakami asked for a formal determination on whether they can expect this money to still be deposited into the fund. Mr. Inaba replied that he will have this information available at the next meeting. Ms. Self added that this information could be in the County Charter in regards to the budget. Mr. Flores asked if the Commission sent out letters to the various Community Development Plan steering committees (CDP) regarding solicitation of suggestion forms. Ms. Self replied that not all of the CDP's have been formed yet. ANNOUNCEMENTS The next meeting is scheduled for Monday, May 11, 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 2:10 p.m. Respectfully submitted, , Alexandra Kelepolo, glerIII 1'V