Loading...
HomeMy WebLinkAbout2010-10-11 Public Access, Open Space and Natural Resources Preservation Commission MinutesHAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES - REGULAR SESSION October 11, 2010 Department of Liquor Control Conference Room 75 -5722 Hanama Place, Suite 1107 Kailua -Kona, Hawaii 96740 Present: Chair E. Kalani Flores (arrived @ 11:55 a.m.) Vice -Chair Sarah Moon Commissioner Steven Hirakami Commissioner Terri Markovich Commissioner Wilma Matsumura Commissioner Hannah Springer Absent: Commissioner Bill Gilmartin Commissioner Searle Grace 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 Vice -Chair Sarah Moon at 10:02 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. DISCUSSION WITH DOUG SENSENIG, HAWAII ISLAND LAND TRUST AND MICHAEL WHITT, NATURAL RESOURCE CONSERVATION SERVICE, RE: SUGGESTION FORM FOR RICHARD AND JUNE HA TO SELL AN AGRICULTURAL CONSERVATION EASEMENT ON TAX MAP KEY (TMK): (3) 2 -8 -04:05 (COMMUNICATION NO. 10 -014) Mr. Doug Sensenig told the commissioners that he and Mr. Whitt are here today to answer any questions that they may have and hopefully help them understand how the County funds can be leveraged in purchasing this easement. Ms. Springer clarified first that the Commission doesn't make any purchases; it's actually the County administration that is authorized to do so by Council. She then asked Ms. Self if agricultural lands are under the Commissions' purview. Ms. Self replied yes. -1- Ms. Self commented that she's not comfortable with this. First of all, if you look at the County Code, the way it's written is to purchase something for the public to use. Since this is private property, it's not going to be open for the public to use for any purpose and will remain as private property. In addition, if the County contributes to purchasing of this conservation easement there is no money right now for management let alone the responsibility since the monies in the 2% Fund can only be used for acquisition. Mr. Whitt replied that those are some valid points made and they have worked with various State and County agencies in the past to address similar issues. In regards to the first question, yes, the citizens of the County would not have use or access to the property however the benefit would be to protect these lands through food sustainability by keeping the costs of food down. Also it can help off -set the more difficult times now that we're dealing with high fuel costs and shipping prices. Secondly, would be for the protection of potentially 60 jobs that could be lost should the farm close operations. Ms. Self asked if the County of Maui (COM) purchased a conservation easement and is it held in their name. Mr. Whitt replied yes, the land trust is the primary holder who is responsible for management and enforcement and the COM is the secondary holder. Ms. Springer asked if there are any other County programs that they could partner with besides the Commission. Mr. Sensenig replied that they can partner with the State, Department of Land and Natural Resources, Legacy Land Conservation Program (DLNR LLCP) and Federal, Natural Resource Conservation Service, Farm and Ranch Land Protection Program (NRCS FRPP). Ms. Self added that there are grants that are also set up through the County, Research & Development Division (R &D) that could be something that they can look into. Mr. Hirakami asked if the Ha farm is in production. Mr. Sensenig replied yes, approximately 600 acres is in production and this easement would be for about 265 acres. Mr. Hirakami asked how much money are we talking about for the easement. Mr. Sensenig replied that it's generally half of the appraised value, between 25 and 50 percent of the property market value. There hasn't been a recent appraisal but one would be done should the County pursue this request. Mr. Hirakami asked what restrictions are there in using the money for agriculture or development once the landowner receives the money. Mr. Sensenig replied that the landowner is selling their right to subdivide, build and /or develop their property and there is no explicit requirement that they must use the money as specified. Should the owner sell the property it would be subject to the rules of the easement. The land trust does not own the property in any way, they just make sure that it's being managed and maintained. Ms. Markovich asked how the County would be protected if we purchased this easement. Mr. Whitt replied that if the land is sold it will be in perpetuity however; the easement restrictions will be on title and the new owner would have to abide by that. Mr. Sensenig added that the land value would be worth about 50% less because of the restrictions and the County's interest would just carry over with each new owner. Mr. Whitt added that one of the requirements of the FRPP is that a conservation plan must be in force which will ensure that the property is being used for the right purpose. -2- Ms. Self commented that if you're an easement holder, the landowner still owns the land. The problem is as an easement holder you only have one small interest whereas the property owner has all these rights. Mr. Sensenig replied that Mr. Ha can sell as many property rights as he wants but you can ruin the value of the property significantly. You don't want to make an easement so restrictive, it becomes impossible going forward. The County is acquiring development and water re- charge rights so the necessity to grow food there and keep the property in agriculture is very likely. Ms. Springer asked if the required management plan would travel with the land. Mr. Sensenig replied yes, it does. Mr. Whitt added that this plan ensures that whatever is being produced on the land is done in a sustainable manner and should a new owner come in the plan may need to be changed. Ms. Springer asked Ms. Self if her problem with this is that the County would be one of several partners rather than the sole. Ms. Self replied yes, and noted that by reading the County Code, Section 2- 215(d), "the funds shall be used for acquiring lands or property entitlements in the County for the following purposes" it means that the County is acquiring a property or entitlement and therefore should hold interest. Mr. Sensenig commented that they want to see the land protected and it's not important how title is held. If the COH wants to hold title 100% and contract with the land trust to do the monitoring and stewardship subject to County review, it could be done at a minimal cost. Ms. Springer asked with that regards would it affect the DLNR LLCP or NRCS FR-PP. Mr. Sensenig replied that in terms of DLNR, they want language inserted into the document stating that they have an interest and that the easement is required to run with the land. Ms. Self added that this is the way that it would have to be done if the County does this as we have a public trust obligation to get something for our money. Mr. Hirakami asked if they can give one specific example of a similar situation to this in Hawaii. Mr. Whitt replied that there are three taking place specifically for agriculture. There was one in Oahu that closed and the State, Federal, County and land trust are all listed on the conservation easement. Ms. Springer asked Ms. Self if she feels comfortable with the Commission continuing this discussion or is it outside of their purview. Ms. Self replied that it would depend on how it's crafted if this property is put on the prioritized list. Mr. Van Bergen added that it will be very challenging to get a resolution for this should it make it on the list. Ms. Moon thanked Mr. Sensenig and Mr. Whitt for their time and information. Mr. Sensenig concluded by saying that there's millions of federal dollars waiting to come into Hawaii. Mr. Van Bergen told them to contact R &D since they may not have as much restrictions as we do and they also work with various grant sources. -3- APPROVAL OF MINUTES Motion: Commissioner Markovich moved for the approval of the minutes of August 9, 2010. Seconded by Commissioner Springer; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 10 -026: Letter dated August 5, 2010 to E. Kalani Flores, Chair, Public Access, Open Space and Natural Resources Preservation Commission (PONC), from Gloria Wong, Vice - Chair, Cost of Government Commission (COGC), re: Request for information about PONC's functions and services and ways to improve the County's operations and implement efficiency Communication No. 10 -027: Memo dated September 29, 2010 to E. Kalani Flores, Chair, PONC, from Kenneth G. Goodenow, County Clerk, re: Attached copy of Resolution 372 -10 adopted by Council on September 21, 2010 authorizing the Director of Finance to enter into negotiations for the acquisition of the Lucile P. Kingman Trust parcels (TMK's: 7 -7 -08:20 and 7 -7- 08:31) Pahoehoe 2nd and Pahoehoe 3rd North Kona, Hawai i Ms. Moon asked the commissioners if they have any suggestions or comments in response to Communication No. 10 -026. Ms. Self stated that since it's already past the deadline it's too late as a Commission to submit information; however they can still submit something in writing as individuals. Mr. Hirakami feels that they really should respond since they have made efforts to cut costs. They will check with Mr. Flores if he sent a response on behalf of the Commission. DEPARTMENT OF FINANCE REPORT Mr. Van Bergen reported that we are in escrow for Pa`o`o which should be closing by the end of the month once we receive the $945,000.00 from DLNR LLCP. In addition, the County submitted a grant application with the help of Gail Byrne to DLNR LLCP for Kaiholena South. An appraisal valued the three properties at 6.8 million and we applied for 5.1 million so hopefully we can get some if not all depending on how much money is allocated this year. In regards to Kawa, we are still taking with Mr. Olson and trying to resolve the title issues. Ms. Self added that the good thing about the properties in North Kohala is that the National Park Service (NPS) along with the 501(c)(3) community groups will be actively involved in the maintenance. She added that since we have a Memorandum of Understanding with the State (DLNR, Na Ala Hele) and Federal, we need to work with NPS since they can get us money and is more than willing to maintain the Ala Kahakai Trail. Ms. Springer asked Mr. Van Bergen if he has any suggestions on how to focus on maintenance and management needs. Mr. Van Bergen replied that it's now up to the County administration as he will be meeting with Parks and Recreation to come up with a plan. Ms. Springer commended the County for doing a great job up- keeping the bathrooms and the park area at the Old Kona Airport as it is so much cleaner now. Ms. Matsumura asked what the 2% fund monies can be used for. Ms. Self replied that proceeds can only be used for acquisition and anything related to that cost. It cannot be used for management and /or maintenance of a property. OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self had nothing to report. CHAIRPERSON'S REPORT Ms. Moon stated that we will return to this agenda item when Mr. Flores arrives. UNFINISHED BUSINESS Commissioners to discuss drafting of the 2010 Annual Report to the Mayor including the 2010 Prioritized List (the commissioners went into discussion regarding drafting of the 2010 Annual Report to the Mayor including the 2010 Prioritized List) Chair Flores arrived at 11:55 a.m. and Vice -Chair Moon relinquished herself as the Chair. (the commissioners continued their discussion) Lunch: 1:03 p.m. Reconvened: 1:33 p.m. (the commissioners continued their discussion) Motion: Chair Flores moved to prioritize their list for 2010 with Pohoiki listed as #1, Keawenui Access Easement as #2, Hamakua Springs Agricultural Conservation Easement as #3 and Hapu`u to Kapanai`a Cultural Corridor as #4. Seconded by Vice -Chair Moon; all members voted aye, motion carried. (the commissioners continued their discussion) Mr. Flores told the commissioners that they will review the revised final draft at the next meeting and if there's any additions they want included, forward to Ms. Kelepolo. NEW BUSINESS Commissioners to discuss the various type of easement requests that are submitted by the public for consideration Mr. Flores noted that this item was already discussed. - 5 - CHAIRPERSON'S REPORT Mr. Flores had nothing to report. Ms. Moon then asked Mr. Flores if he sent a response to the COGC. Mr. Flores replied no, but did mention that they should since they have made efforts to cut costs. ANNOUNCEMENTS The next meeting is scheduled for Monday, December 13, 2010 at 10:00 a.m. in the Department of Liquor Control Conference Room at 101 Aupuni Street, Suite 230, Hilo, Hawaii 96720 ADJOURNMENT Chair Flores adjourned the meeting at 4:10 p.m.