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HomeMy WebLinkAbout2010-06-21 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION June 21, 2010 Department of Liquor Control Conference Room 75 -5722 Hanama Place, Suite 1107 Kailua -Kona, Hawaii 96740 Present: Chair E. Kalani Flores Vice -Chair Sarah Moon Commissioner Bill Gilmartin Commissioner Searle Grace Commissioner Terri Markovich Commissioner Hannah Springer (arrived @ 10:10 a.m.) Absent: Commissioner Steven Hirakami Commissioner Wilma Matsumura Others Present: Amy Self, Deputy Corporation Counsel (arrived @ 10:13 a.m.) Ken Van Bergen, Property Mgr., Finance (arrived @ 10: 20 a.m.; left @ 12:50 p.m.) Alexandra Kelepolo, Clerk HI, Finance CALL TO ORDER The meeting was called to order by Chair E. Kalani Flores at 10:04 a.m. Mr. Flores welcomed Mr. Searle Grace and thanked him for joining the Commission. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS TONI WITHINGTON Ms. Toni Withington thanked the Commission and noted that she's her to implement the North Kohala Community Development Plan, which is law in the County. She represents five North Kohala groups to protect and preserve the Kohala coastline which includes the most intact historic sites statewide. She then mentioned that for years they have been working with organizations (local land trusts, Trust for Public Lands (TPL), Department of Land and Natural Resources (DLNR) and does not expect the County to pay for all the properties that are submitted for nomination based on the current economic situation. They just want to make sure that the County is on -board to consider these properties submitted. There are two new suggestion forms submitted this year, one of which is for the Hapu`u to Kapanai`a Cultural Corridor. She stressed how historically and culturally important this area is to the State as it is the site of Hale o Ka`ili, the first heiau dedicated for the war god Kuka`ilimoku and the Kapalama heiau. She said that back in 2004, the entire land of Halawa and A`amakao was one parcel and Surety Kohala Corporation subdivided it into five. There is currently an additional two pending subdivisions which will create a total of eight parcels, three of which are already for sale. -1- Mr. Gilmartin asked why the landowner didn't have to go through the State Historic Preservation Division (SHPD) when applying for the subdivision. Ms. Withington replied that the parcel containing Hale o Ka`ili only needed a Minor SMA (Special Management Area) permit. She mentioned that they are working with the owners who are willing to do the necessary archaeological study. Overall the County will need to approve this study before the final subdivision approvals are given. She added that the suggestion form for North Kohala Historic and Cultural Corridor identifies the parcels that are significant to the community for protection. In regards to the letter from Kohala Preserve Conservation Trust, LLC (KPCT) stating that they are not interested in selling Mahukona, she wanted them to be aware that they have been working with the landowner for fifteen years and they are very aware of the community feeling and support. Ms. Markovich asked why are we putting Mahukona on the list if it's not for sale. Ms. Withington replied that if monies become available to purchase then the landowner may consider; however at this time it is "officially" not for sale. Ms. Springer thanked Ms. Withington for her continued hopefulness and thoroughness. Mr. Flores asked what type of easement are you looking for in regards to the suggestion form for Keawenui Easement. Ms. Withington replied that it would be for access easement purposes. Mr. Flores thanked Ms. Withington for coming in and for the completeness of the suggestion forms that are submitted for the Kohala properties. APPROVAL OF MINUTES Ms. Markovich questioned page three of the draft minutes as the motion stated did not include the revisions as noted. Ms. Kelepolo told Ms. Markovich that whenever a motion is made during the meeting it should be descript to include all pertinent information. Mr. Flores added that the changes were already made to the rules. Ms. Springer, Mr. Gilmartin and Mr. Grace were not present at the last meeting but did read through the minutes. Commissioner Markovich moved for approval of the minutes ofMarch 29, 2010, regular session, seconded by Vice -Chair Moon and carried unanimously by voice vote. WRITTEN COMMUNICATION Communication No. 10 -004: Letter dated April 12, 2010 to E. Kalani Flores, Chair, Public Access, Open Space and Natural Resources Preservation Commission (PONC), from Bill Shontell, Project Director, KPCT, re: 2009 Prioritized Properties to the Mayor, Inclusion of KPCT Mahukona Holdings in Report -2- Communication No. 10 -005: Letter dated April 19, 2010 to Chair J Yoshimoto and Council Members, from Mayor Kenoi regarding nomination of Mr. Searle Grace to PONC for Council District 3 Communication No. 10 -006: Suggestion Form received on April 23, 2010 from Rob Tucker, re: Green Lake, Green Mountain Communication No. 10 -007: Suggestion Form received on April 28, 2010 from Alicia Starsong, re: `O`oma 11 — North Kona Communication No. 10 -008: Suggestion Form received on May 19, 2010 from Toni Withington, re: Kaiholena Communication No. 10 -009: Suggestion Form received on May 19, 2010 from Toni Withington, re: Keawenui Easement Communication No. 10 -010: Suggestion Form received on May 19, 2010 from Toni Withington, re: Kukuipahu- Ha`ena Corridor Communication No. 10 -011: Suggestion Form received on May 19, 2010 from Toni Withington, re: Mahukona Communication No. 10 -012: Draft Environmental Impact Statement (DEIS) for The Villages of Aina Le`a, Waikoloa, South Kohala, Hawaii (1 copy of DEIS on CD) Communication No. 10 -013: Suggestion Form received on May 26, 2010 from Ken Fujiyama, re: Pohoiki Bay Puna, Hawaii Communication No. 10 -014: Suggestion Form received on May 28, 2010 from Richard Ha, re: Hamakua Springs Communication No. 10 -015: Suggestion Form received on May 28, 2010 from RJ Hampton, Legislative Aide to Council Vice -Chair Emily I. Naeole- Beason, re: Pahoa Steam Vents Communication No. 10 -016: Suggestion Form received on May 28, 2010 from Toni Withington, re: North Kohala Coast Historic and Cultural Corridor Communication No. 10 -017: Suggestion Form received on May 28, 2010 from Toni Withington, re: Hapu`u to Kapanai`a Cultural Corridor Communication No. 10 -018: Suggestion Form received on May 30, 2010 from Janice Palma - Glennie, re: `O`oma 11 — North Kona Communication No. 10 -019: Suggestion Form received on May 31, 2010 from Shannon Rudolph, re: `O`oma 11 — North Kona Communication No. 10 -020: Memo dated May 24, 2010 from J Yoshimoto, Chair, Hawaii County Council (HCC), re: Approval of the nomination of Mr. Searle Grace to PONC for Council District 3 -3- Communication No. 10 -021: Memo dated May 24, 2010 from J Yoshimoto, Chair, HCC, re: Adoption of Resolution 338 -10 (attached) which authorizes the Mayor to enter into an agreement with the State of Hawaii, DLNR, Legacy Land Conservation Commission, and to accept funds for the acquisition of Pa`o`o, North Kohala, Hawaii Mr. Flores noted that Communication Nos. 10 -004 — 10 -021 have been filed and received by the Commission and asked if there was any discussion related to these items. Ms. Springer commented that in regards to the second paragraph of Communication No. 10 -004, how does the Commission handle when the landowner indicates that the property is not available for acquisition. Ms. Self replied that what she recalls from the past is that if the property is not for sale they will not consider it for the prioritized list. Ms. Springer asked if there could be some language included in their rules or possibly in their annual report to address properties that are not for sale and still submitted for suggestion. Ms. Self said that it would be a good idea. She further added that if they decide to put a property on the list it should be noted in the report that it's not for sale. Mr. Van Bergen commented that sometimes landowners get a little "freaked out" if their property is on the list; however they can change their mind. Ms. Self reminded the Commission that once a resolution is passed, it's up to the Finance Department to proceed with negotiations and it's no longer in their hands. Legally it does not encumber the property; however to purchase property with the 2% funds you must have a willing seller. Ms. Springer thanked Mr. Flores for this discussion and stressed the importance of including language in this year's report to address this issue. Ms. Self suggested that they have this item put on the agenda and at that time they can decide how they want to treat this. DEPARTMENT OF FINANCE REPORT Mr. Van Bergen reported on the status update for properties listed on the 2009 Prioritized List: ( #1) Kawa - The County ran into title issues with DLNR and we've been working diligently with Mr. Olson; however we're close to losing the 1.5 million from the State. The County did apply for an extension with DLNR for an additional year and we should know shortly. If we don't get the extension we're going to re -do the federal grant of 1 million and try to acquire only the two parcels for turtle protection. ( #2) Pa`o`o - Our grant was approved by DLNR and the Governor released the funds so we are now in escrow and hopefully we can close sometime this summer. ( #3) Lapakahi - TPL is spear- heading this acquisition as this property will be turned over to the State as an addition to the adjacent Lapakahi State Park. ( #4) Kingman Trust - Council Member Ford is putting together a resolution for parcel 100 to enhance the La'aloa Park across the street. Parcels 20 and 31 will be on a separate resolution to acquire with 2% funds. ( #5) Kahuku — The owner is interested in selling and an appraisal has been ordered. Depending on what happens with Kawa and Kingman then we can determine if we have any money left. ( #6) Kaiholena — He noted that there is a buyer for parcel 23 but is not sure what the status of that is. At this time we don't have enough money to buy this; however we are still in active contact with the owner /broker. Ms. Springer asked what's the disposition for Mahukona ( #8). Mr. Van Bergen replied that there's no resolution for it so he cannot proceed. He did add that Kahuku also does not have a resolution but the landowner will be covering the appraisal cost to start the process. Further, Kukuipahu- Ha`ena Corridor ( #7) also needs a resolution. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self had nothing to report. CHAIRPERSON'S REPORT Mr. Flores thanked Mr. Grace for joining the Commission and asked for updates on the other two vacancies. Ms. Self told Mr. Flores that the only vacancy is in District 7 (South Kona). UNFINISHED BUSINESS Commissioners to identify and compile a directory of: ➢ funding sources for land /entitlement acquisitions; ➢ funding sources for land maintenance and management; ➢ potential partnerships with other governmental agencies, non - profit organizations, and private entities for land /entitlement acquisitions; & ➢ partnerships with non - profit organizations, community groups, and volunteer organizations to provide maintenance and management for acquired properties Mr. Flores asked if they had an ad -hoc committee working on this. Ms. Kelepolo told Mr. Flores that she drafted a listing of community groups that will be distributed for their review and comment. Mr. Flores then asked if there was anyone interested in forming a committee. No one responded. Mr. Gilmartin commented that the last bullet (partnerships with non-profit organizations, community groups, and volunteer organizations to provide maintenance and management for acquired properties) is not something that can go on a general list; it's relevant only to specific properties. -5- Mr. Gilmartin suggested that the County talk to TPL to obtain a list of funding sources. These lists that are compiled could be used by interested community groups. Ms. Springer added that it can also be posted on their web -site for the public. Mr. Flores asked that they review the draft list provided by Ms. Kelepolo and bring any additional information to the next meeting. He noted that discussion for this item will be continued at the next meeting. NEW BUSINESS Commissioners to discuss, review and assess Suggestion Forms submitted by the public for 2010 (the commissioners went into discussion regarding the review and assessment of the suggestion forms submitted by the public for 2010) (the commissioners reviewed Communication No. 10 -007 `O `oma II North Kona) (the commissioners reviewed Communication No. 10 -014 Hdmdkua Springs) Mr. Flores told the commissioners that their assignment is to review the forms before the next meeting and forward the scores to Ms. Kelepolo by the end of July. Discussion on this item will be continued at the next meeting. Commissioners to discuss scheduling of site visits for properties that are selected for the 2010 Prioritized List Mr. Flores deferred this item to the next meeting. Ms. Self added that the Pahoa Steam Vents is very dangerous and does not recommend for a site visit. ANNOUNCEMENTS The next meeting is scheduled for Monday, August 9, 2010, 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 1:19 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III a Me