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HomeMy WebLinkAbout2009-11-09 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION November 9, 2009 Department of Liquor Control Conference Room 75 -5722 Hanama Place, Suite 1107 Kailua -Kona, Hawaii 96740 Present: Chair Kim Garcia Commissioner Steven Hirakami Commissioner E. Kalani Flores Commissioner Larry Komata Commissioner Terri Markovich Commissioner Sarah Moon Absent: Vice -Chair Hannah Springer 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 10:00 a.m. APPROVAL OF MINUTES Motion: Commissioner Flores moved for approval of the minutes of October 12, 2009, regular session. Seconded by Commissioner Moon; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 09 -020: Letter to Kawika Burgess, The Trust for Public Lands (TPL), from Charles H. Wiggins, Jr., The Nature Conservancy, re: Support of TPL's efforts to acquire the "Road to the Sea" property adjacent to the Manuka Natural Area Reserve Ms. Garcia noted that the Commission will include this letter as an attachment to the suggestion form submitted this year for the Kahuku coastal property. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. -I - DISCUSSION WITH DEBBIE HECHT REGARDING THE CHARTER AMENDMENT TO SET ASIDE 2% OF PROPERTY TAXES TO ACQUIRE LANDS FOR PUBLIC ACCESS, OPEN SPACE AND THE PRESERVATION OF NATURAL RESOURCES (Ms. Debbie Hecht provided to the Commission a handout that was distributed to the Charter Commission (CC), re: Charter Amendment to set aside 2% of property taxes to acquire lands) Ms. Hecht asked the commissioners if they had any questions regarding the handout that she provided. Ms. Markovich asked if one of the priorities would be for lands that have matching funds available. Ms. Hecht noted that the charter amendment lifted from the existing ordinance and once the public passed it, the ordinance would be replaced and it would go away. Ms. Self added that you can't just do away with the ordinance; the Council would have to decide. If it conflicts you can have both, the ordinance and the code, and wherever it conflicts the Charter would control. The 2% would still be there but if Council wanted to lower it they would not be able to go below. 5%. Ms. Hecht commented that she doesn't feel that it will come back to 2% after they cut the funds and it's so important to leave it at 2% since the voters approved for this and it should only be undone by them. Ms. Hecht asked the Commission if they would be able to send a letter of support to the CC to keep it at 2% and stressed how critical it is since we won't have enough money to get matching funds. Mr. Flores asked if it gets approved by the CC, how would the County proceed if you have this language in the Charter and the same set -up in the ordinance. Ms. Self replied that Finance is currently working on language to present to the CC. Mr. Flores then commented on the proposed change to section 10.13.3(b) regarding vacancies on the Commission. He noted that because the Commission is an advisory to the Mayor, he submits his nominees to the Council for approval; however there is no balance in that by having the Council nominating and approving which overall gives the Mayor no say. Ms. Self added that the way it works is that people apply all year long for regular boards and commissions and every time there's a vacancy they'll pull the forms from a box of applications and if there's no forms for that district they will ask the council member in the respective districts if they know of anyone to nominate. Ms. Hecht disagrees with that process since there were instances where there were qualified people nominated to certain boards and commissions and the Mayor did not appoint them. Mr. Flores then asked that if it gets approved by the CC, there are a lot of language differences that would still be in the ordinance, and wanted to know how does this work. Ms. Self replied that if it conflicts, the Charter would rule since it's a higher body of law than the code. In addition, it's very difficult to make changes to the Charter since it has to go out on the ballots during election whereas the code can be amended with the changing times. -2- Mr. Hirakami asked Ms. Hecht if she would be willing to accept a compromise. Ms. Hecht replied that the voters should be able to decide since 63% originally voted for the 2% and stressed how she as a citizen shouldn't have to come back every year to plea for support. Ms. Hecht asked the commissioners if they could come and testify at the CC meeting on December 18th and to please consider writing a letter of support. She then thanked the Commission for their time. Ms. Garcia thanked Ms. Hecht and did mention that they will have this discussion included on the agenda for the December meeting. DEPARTMENT OF FINANCE REPORT Mr. Van Bergen noted that he was on a site visit on Friday at Kawa with the appraiser and in about two to three weeks we should have the completed appraisal report. Once we receive it we will present it to Mr. Olson and hopefully the numbers are right so that we can move forward and also send a copy to U.S. Fish and Wildlife (USF &W) for their approval. In addition we should be getting the completed appraisal report for Kaiholena this week and an update will be provided at the next meeting. Mr. Komata asked if the appraisal covers the three parcels at Kawa and if one does not have clear title such as a pending court case on the parcel then what would happen. Mr. Van Bergen replied that it covers all three. Mr. Komata then asked if the County received the preliminary title reports and if so did it mention anything about this. Mr. Van Bergen told Mr. Komata that he would need to check on this. Ms. Self added that one of the conditions of purchase is that the properties have clear title. Mr. Hirakami asked for the date of the last appraisal. Mr. Van Bergen replied that it was in 2006 and it was valued at 3.6 million. Mr. Van Bergen noted that the County ordered separate appraisals for all three parcels to get a better value and give the County options to move forward with purchasing one, two or three. In addition, there is also a verbal agreement for 5 million with the landowner for the three parcels; however the County is restricted to not pay more than the appraised value even though we have matching funds. Mr. Komata asked if the County would be interested in partial interest ownership, for example 25% with the County, 25% with The Trust for Public Lands and 50% with USF &W. Mr. Van Bergen replied that it's a good thought but he doesn't think that's going to work. Mr. Van Bergen also mentioned that the Legacy Land Fund grant application for Pa`o`o should be coming up at the December meeting. -3- OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self reported that she drafted a State legislative bill to establish a county wide trail and access system for submittal as part of the County package to Kevin Dayton in the Mayor's office. In reviewing the State Na Ala Hele (NAH) program, HRS § 198D protects the State from liability if someone gets hurt on a State trail; however the counties are required by State law that if someone comes in for subdivision there's a statute saying that the County must require mauka /makai access to the shoreline for the public. Once it's dedicated to the County, unless the property owner is willing to take responsibility for maintenance and management, the County is responsible. She added that the recreational use statute covers private property owners and the federal government; however it doesn't cover State or County. If the County wants to establish a trail system similar to NAH we would have to adopt an ordinance along with rules for management and maintenance. The proposed bill is under HRS §46 -1.5 and also includes language to protect the counties from liability. Since it will affect all the counties, Mr. Dayton suggested that it should be included in the Hawaii Council of Mayors (HCOM) packet to get the other counties on board. Ms. Garcia asked Ms. Self if she needed a letter of support from the Commission for this proposed bill. Ms. Self replied that once it's approved to be submitted she will bring a draft copy to the Commission and provide them with more information. CHAIRPERSON'S REPORT Ms. Garcia did not have anything pertinent to report. UNFINISHED BUSINESS • Commission to discuss drafting of the 2009 Annual Report to the Mayor including assessment of the 2009 suggestion forms Ms. Garcia noted that the Commission has no discussion under this agenda item. NEW BUSINESS • Commission to discuss finalizing of the 2009 Annual Report to the Mayor (The commissioners went into discussion) Ms. Garcia then assigned the write -ups for the 2009 Prioritized List properties that were not included in previous annual reports: Mr. Flores — Lapakahi; Ms. Garcia — Kahuku coastal property; Mr. Komata — Kingman Trust property. She then suggested that for homework they each review the description part of Appendix 2 to make sure that the information is up to date. Those properties were assigned as listed below: Mr. Flores — Kukuipahu -Ha` ena Corridor; Ms. Garcia — Kawa; Mr. Hirakami — Mahukona; Ms. Markovich — Pa`o` o; Ms. Moon — Kaiholena. Ms. Garcia stressed that this information be sent to Ms. Kelepolo as soon as possible so that it can be compiled by the next meeting. Recess: 12:00 p.m. Reconvened: 12:07 p.m. • Commission to discuss with Property Manager Ken Van Bergen the possibility of reducing the amount of meetings from monthly to every other month effective January 2010 Ms. Garcia asked if we could ask the Council to amend the ordinance to have the PONC fund pay for Commission expenses. Mr. Van Bergen replied that it's still money being spent and since there's no new money coming in for the next two years, it's suggested to save some time and money. Mr. Hirakami suggested that maybe every other month except for the months of October, November and December to put together the annual report. Ms. Garcia feels that they should have all twelve meetings. Mr. Flores suggested that they should schedule six meetings and if additional meetings are needed they can schedule it at that time. Ms. Self commented that if they will be making a drastic change, the public should be informed and it should be posted on their website. Motion: Commissioner Markovich moved to consider six monthly meetings scheduled for next year, and according to their rules a special meeting can be scheduled if necessary. Seconded by Commissioner Moon; all members voted aye, motion carried. (the commissioners went into discussion) Ms. Garcia noted that the Commission will start the first meeting in January in Kona alternating every other month between Hilo and Kona. Motion: Commissioner Flores moved to set meeting schedule as discussed beginning in January in Kona, March in Hilo, May in Kona, July in Hilo, September in Kona, November in Hilo. Seconded by Commissioner Markovich; all members voted aye, motion carried. -5- • Elect new officers for 2010 Ms. Garcia noted that the nominations are now open for Chair. Ms. Markovich nominated Mr. Flores to be Chair. Motion: Chair Garcia moved for Commissioner Flores to be elected as Chair. All members voted aye, motion carried. Chair Flores opened the nominations for Vice - Chair. Ms. Garcia nominated Ms. Moon. Motion: Chair Flores moved for Commissioner Moon to be elected as Vice - Chair. All members voted aye, motion carried. Mr. Flores acknowledged and thanked Ms. Garcia for her leadership and all her efforts throughout the year. ANNOUNCEMENTS The next meeting is scheduled for Monday, December 14, 2009, 10:00 a.m., at the Department of Liquor Control Conference Room, 101 Aupuni Street, Suite 230, Hilo, Hawaii. ADJOURNMENT Chair Flores adjourned the meeting at 12:33 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III M