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HomeMy WebLinkAbout2009-10-12 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION October 12, 2009 Department of Liquor Control Conference Room 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: Chair Kim Garcia Vice -Chair Hannah Springer Commissioner Steven Hirakami Commissioner E. Kalani Flores Commissioner Larry Komata Commissioner Terri Markovich (left at 2:13 p.m.) Commissioner Sarah Moon Absent: Commissioner Bill Gilmartin Others Present: Amy Self, Deputy Corporation Counsel Ken Van Bergen, Property Manager, Finance Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Kim Garcia at 10:01 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Ms. Springer asked if the Commission could defer approval of the minutes to the next meeting. Ms. Garcia told the commissioners to take a few minutes to review the draft so they could approve it today. Recess: 10:04 a.m. Reconvened: 10:07 a.m. Mr. Komata noted that on Page 5 of the draft minutes, shouldn't the properties that were approved by Council be removed from the 2009 Prioritized List. Mr. Flores commented that this can be discussed later on the agenda under new business. -I - Mr. Flores also mentioned that Communication No. 09 -018 that was to be deferred to this meeting was not on the agenda. Ms. Garcia noted that they will have this item put back on the agenda since Ms. Self is now present. Motion: Vice -Chair Springer moved for the approval of the minutes of September 14, 2009. Seconded by Commissioner Markovich; all members voted aye, motion carried. DEMONSTRATION BY PLANNING DEPARTMENT (Mr. Larry Brown of the Planning Department (PD) provided a handout to the Commission for shoreline public access) He apologized that due to technical difficulties he's not able to load the visual presentation; however he did give the Commission a brief description of the program. Ms. Markovich asked if there's any signage for these accesses. Mr. Brown replied that in doing the update, they realized that there's no public access program, and noted that the County is now working on doing that. Since the State, Na Ala Hele (NAH) has completed their access program and has created hazard signage which already has been approved; the County will pull pieces out of the NAH program to create theirs. The Memorandum of Understanding between NAH, National Park Service and the County is in the process of getting final signatures for approval which will help identify trail alignments most particularly in the North and South Kohala area near the Ala Kahakai trail system. Mr. Flores asked if someone submits a suggestion form for public access to the Commission if it would go to PD. Mr. Brown replied that yes, they can contact himself or Ms. Dana Okano. He added that the landowner may be willing to sell an easement to the County with the 2% funds of which the Commission could authorize. Ms. Springer asked if the program can verify historic trails or valid access ways. Mr. Brown replied that there's a section that lets you search by "historical government ownership" which are usually right -of -way's that have been claimed through the Highways Act of 1892. Ms. Springer noted that she doesn't believe that all trails have been verified. Mr. Brown agreed that there hasn't been any evidence to discount the claim; however more research needs to be done. Ms. Garcia told the Commission that they will now be discussing Communication No. 09 -019 since it was deferred at the last meeting due to Ms. Self's absence. Ms. Self told them that since it's not on the agenda they need to take a vote to add it as an item. Motion: Vice -Chair Springer moved to amend the agenda so that the Commission can review Communication 09 -019 under the Office of Corporation Counsel's report. Seconded by Commissioner Moon; all members voted aye, motion carried. -2- DEPARTMENT OF FINANCE REPORT Mr. Van Bergen reported that the second appraisal is underway for the three Olson properties in Kawa. The County should be receiving the report in about 2 -3 weeks and if the price is right, Mr. Olson may be interested. In addition, we are also in the process of ordering appraisals for Kaiholena, North and South since both landowners are interested. In regards to Pa`o`o, the County applied for Legacy Land Fund monies for this property and should find out sometimes in December on the awards granted from the State. The property was appraised at 1.89 million and we might enter into a non - binding letter of intent with the landowner to let them know that we're interested. He also added that the Kahuku properties are still available for purchase even though they were taken off the market, they will be re- listed soon. Property Manager Ken Van Bergen to discuss with the Commission the possibility of reducing the amount of meetings from monthly to every other month effective January 2010 due to the County's economic crisis Mr. Van Bergen requested that on behalf of Ms. Nancy Crawford and the Finance department that the Commission considers cutting their annual meetings from six to twelve due to the County's current budget situation. Ms. Garcia asked how much does it cost to have a meeting. Ms. Self replied that in the upcoming fiscal year, it will be twice as bad with a projected 64 million dollar shortfall along with possible lay -offs. Ms. Springer asked if there were any purchases in 2009 with the 2% fund. Mr. Van Bergen replied no, not for this year and mentioned that we currently have almost 11 million in the fund. Mr. Komata asked if they can have analyzed budgets for three years of the Commissions' expenses. Mr. Van Bergen noted that we will provide this information at the next meeting. OFFICE OF THE CORPORATION COUNSEL'S REPORT (The commissioners went into discussion regarding Communication No. 09 -019: Memo dated July 24, 2009 to Council Chair J Yoshimoto and Members of the Hawaii County Council, from Kim Garcia, Chair, Hawaii County Public Access, Open Space and Natural Resources Preservation Commission (PONC), re: Proposed Amendment to Chapter 2, Article 42, Sections 2 -217 and 2 -218 of the Hawai `i County Code (2005 Edition, as amended), relating to PONC fund) -3- Ms. Self told the Commission that their proposed amendment on page 2 is not possible. The reason is that the state and federal grants stipulates that the County can't pay more than the appraised value for a property. By changing this language we will cut off our chances of getting funding. Mr. Flores noted that this amendment gives more opening for acquiring a property. For instance, where grant monies is not involved, a private donor could come in and pay the additional monies if the purchase price is beyond the appraised value. Ms. Self added that if you don't have it set at the appraised value; the landowner could "jack up the price" for the County. She noted that there could be problems when this proposal goes to Council; however ultimately they will make the overall decision. Mr. Komata asked on whether the County assigns the appraiser to determine the "highest and best use" of the property, in the case of Kawa, for example. Mr. Van Bergen replied that the vast majority of the appraisal price is based on recent sales and that he needs to read the scope for Kawa, which is very detailed to meet the federal grant requirements. Mr. Komata asked to get a copy of the scope for the Kawa appraisal. Mr. Van Bergen noted that he will provide copies for the Commission at the next meeting. Ms. Garcia commented that it seems like there's more discussion on this item. Ms. Springer noted that it's already been submitted and they as a Commission don't have the opportunity to make any further amendments on this. Ms. Self added that she just wanted them to be aware of this. CHAIRPERSON'S REPORT Ms. Garcia had nothing to report. UNFINISHED BUSINESS Commission to discuss creating new form for assessing public access suggestion forms (The commissioners reviewed the draft form prepared by Mr. Flores and went into discussion) Motion: Vice -Chair Springer moved to approve the public access review form as amended. Seconded by Commissioner Flores, opposed by Commissioner Markovich, the remaining members voted aye, motion carried. • Commission to discuss creating form letter to respond to suggestion forms (The commissioners reviewed the draft form letters prepared by Ms. Moon and went into discussion) Recess: 12:03 p.m. Reconvened: 12:07 p.m. (The commissioners continued their discussion) Motion: Vice -Chair Springer moved to approve the two letters, one for complete suggestion forms and one for in- complete suggestion forms, as drafted. Seconded by Commissioner Markovich; all members voted aye, motion carried. Lunch: 12:17 p.m. Reconvened: 12:46 p.m. • Commission to discuss drafting of the 2009 Annual Report to the Mayor including assessment of the 2009 suggestion forms (The commissioners reviewed the draft cover letter for the 2009 Annual Report prepared by Ms. Garcia and went into discussion) Motion: Vice -Chair Springer moved for the approval of the Chair's cover letter to the annual report as amended. Seconded by Commissioner Moon; all members voted aye, motion carried. (The commissioners reviewed the draft introduction for the 2009 Annual Report prepared by Ms. Springer and went into discussion) Motion: Commissioner Komata moved for the approval of the introduction to the annual report as amended. Seconded by Commissioner Markovich; all members voted aye, motion carried. (The commissioners reviewed the draft page 2 of the 2009 Annual Report prepared by Mr. Komata and went into discussion) Recess: 2:24 p.m. Reconvened: 2:30 p.m. (The commissioners continued their discussion regarding drafting of the 2009 Annual Report) Ms. Garcia noted that this item will be continued at the next meeting since Ms. Kelepolo will have the draft annual report prepared for the commissioners to review and approve. NEW BUSINESS • Commission to discuss finalizing of the 2009 Prioritized List (The commissioners went into discussion regarding finalizing of the 2009 Prioritized List) -5- Ms. Garcia noted that this item will be continued at the next meeting since Ms. Kelepolo will have the draft prioritized list prepared for the commissioners to review and approve. ANNOUNCEMENTS The next meeting is scheduled for Monday, November 9, 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 2:58 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III M