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HomeMy WebLinkAbout2011-06-13 Public Access, Open Space and Natural Resources Preservation Commission Minutes HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION June 13, 2011 Department of Liquor Control Meeting Room Center nd 74-5044 Ane Keohokalole Highway, Bldg. B, 2 Floor Kailua-Kona40 Present: Chair Sarah Moon Vice-Chair Terri Markovich Commissioner Gail Byrne Baber Commissioner Searle Grace Commissioner Steven Hirakami Commissioner Wilma Matsumura Others Present: Ken Van Bergen, Property Manager, Finance (left @ 11:15 a.m.; returned @ 12:18 p.m.) Iwaloa Chilson, Clerk III, Finance Amy Self, Deputy Corporation Counsel CALL TO ORDER The meeting was called to order by Chair Sarah Moon at 10: 00 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS COUNCIL MEMBER BRENDA FORD Council Member Brenda Ford represents Council District 7 and spoke (11-009). She noted that the shoreline to the high water mark along with the 10 feet shoreline access is approximately 10,000 square feet currently owned by the Kona Bali Kai Condominium (KBK) and is the access to the , a normal day there could be about 50-100 people and KBK has been very gracious to allow people to use this area, provide a shower and security as needed for surf meets. There is also a public lua which is paid for by one of the condos. Over the years the amount of people that frequent this area has grown and with that in mind, KBK have made an offer to sell this parcel to the County, Parks & Recreation (P&R) to manage and maintain for the public. Ms. Ford noted that the County has entered into a lease from Mrs. Kobayashi for eight years to provide a 15-18 stall parking lot directly across this parcel to reduce the amount of traffic parking on the makai side In addition, the County has installed two crosswalks and will soon be installing pedestrian control signal lights for added safety. Minimizing vehicles on the makai side would open up vistas so people can see the ocean as the County has won one of two spots in the State for a scenic by-way which an application is currently with the federal government. - 1 - Ms. Moon thanked Ms. Ford for her time. KAREN EOFF Ms. Karen Eoff spoke on behalf of the Kohanaiki Ohana, an established 501(c) (3) since 1985 who have won landmark Supreme Court cases regarding native Hawaiian gathering rights and the perpetuation of Hawaiian cultural practices. Their focus was Kohanaiki at that time because of the pending large scale development however; it was always their vision that the entire coastline including would remain in public use. The success of Kohanaiki was due in part to the Kim administration, Angel Pilago and several of the community groups working with the owner to give back about 104 acres for a public beach park. Like former Mayor Kim said, from the Old Airport, through the National Park, Kohanaiki and Kekaha Kai State Park it would provide about 14 miles of open shoreline for the public with the acquisition of prioritized list before and recently the Land Use Commission (LUC) ere may be a willing seller. Since the property is zoned conservation the dollar amount for purchase should be low. She urged the Commission to keep in consideration this year when making their assessment. Ms. Eoff stated that she also supports Ms. Markovich stated that according to the developer they have a 1,100 foot setback from the ocean as part of the Kona Community Development Plan (CDP). If the County acquired , is there enough people to maintain and manage the property. Ms. Eoff replied that they have worked with the County to keep the shoreline safe and clean and even raised money for many years to pay for portable toilets, dumpsters and also monitored the users of the beach area at Kohanaiki. In addition, the new owner of Kohanaiki has been providing security that are stationed on the jeep trail between and Kohanaiki along the shoreline and there are gates that lock at NELHA after sunset. There is a good faith agreement between the County, Kohanaiki Ohana and the homeowners to provide monitoring and maintenance of this park area. So basically the Kohanaiki area is a good Mr Ms. Eoff replied yes, she does not want to see that area developed and wants to see as much of that land kept in open space. Ms. Eoff stated that the Kohanaiki area is one of the only places left to camp and is utilized by so many people and if the County acquires it would expand the camping area for public use. - 2 - Ms. Byrne Baber asked how large the commercial parcel is. Ms. Eoff replied that the 85 acres zoned commercia Ms. Eoff -zone the conservation parcel. Ms. Moon thanked Ms. Eoff for her testimony. SIMMY McMICHAEL Ms. Simmy McMichael has been working with KBK since 2005 and at that time they had offered to . It was too much of a responsibility so they offered it to the County at no charge in exchange to build an illegal rockwall/seawall fronting the KBK. They had a permit to restore this wall but they dug out the whole ocean front so deep an ili was found dead center in front of it. but also buy the frontage for the lateral access to provide access to the surfers who constantly get harassed by the KBK security. Also, the in and out parking signs were reversed so KBK no longer has to say no parking. When there are large surf contests and KBK will call the police to issue parking tickets to the parents. In addition, KBK wants to plant naupaka mauka/makai at the south end of their building to restrict surfers from going into the water. Ms. Moon told Ms. McMichael that if it becomes a County park then it would be up to them to decide what is planted. She also explained that the Commission will take into consideration the input she has given when they make their recommendations to the Mayor. Mr. Hirakami asked what does she see as a win win solution that would alleviate the access, the sale but with the wall the way it is it will only get worse. This seawall used to be about 1-3 feet high and now its 6 feet. Ms. Matsumura asked if the Commission puts this property on their prioritized list what would be the immediate effect on their group and the young surfers. Ms. McMichael anything right now since the surfers are already crossing the area to get into the water. Ms. Matsumura Mr. Hirakami stated the kids gets down six feet from the wall to the beach without getting hurt. Ms. McMichael replied that it depends on the tide, to go around to get to the surf and they know this area well. Mr. Hirakami added that the main thing is safety. - 3 - Ms. Markovich asked why the surfers access the ocean from the beach area fronting the and the waves are breaking right in front. The only access is fronting KBK. Ms. Byrne Baber wanted to clarify that the seawall is 6 feet high not 6 feet wide. Ms. McMichael Ms. Moon thanked Ms. McMichael for her testimony. JANICE PALMA-GLENNIE Ms. Janice Palma-Glennie spoke on behalf of the Surfrider Foundation, Kona Kai Ea Chapter, and closing beach shoreline access off at sunset to the public. She wanted to comment on some questions that was raised earlier for regarding the two Their entitlements to build on the top mauka TMK, approximately 85 acres was due to a land swap with NELHA about 10 years ago as it was one parcel before that. There are conservation entitlements on the rest of the 181 acres makai of that area. Also, in the plan that Beachside Village proposed that was turned down by the LUC, they had shown an 1100 foot setback of open space but within that area there was a large parcel that they wanted to have urbanized. She strongly re-iterated that is conservation designated whereas Kohanaiki was already in resort zoning and till this day the water quality is suffering there yet. Various groups such as Kohanaiki Ohana, Sierra Club and have fought so man area. There needs to be a larger buffer and with the heavy use of the Kohanaiki area by campers, if the County acquired the campsites could be set back away from the shoreline. In the Kona CDP, it was clear that no more conservation coastal space be developed as the community wants that area to be preserved. She then read a written testimony of support (letter dated June 6, 2011 attached to 6/13/11 PONC minutes) Ms. Markovich asked so they have approximately 300 acres. Ms. Palma-Glennie replied that the two parcel that is conservation designated is close to 200 and was appraised at 2 million. Ms. Byrne Baber asked if the application is for both parcels. Ms. Palma-Glennie replied yes. Ms. Palma-Glennie thanked the commissioners for their work hard. Recess: 11:14 a.m. Reconvened: 11:21 a.m. - 4 - MICHAEL SWEERE Mr. Michael Sweere spoke on behalf of KBK wanted to clarify on a few misconceptions brought up by Ms. McMichael. The reason the traffic pattern in the garage was changed to come out on the north end was because on the south end of the building cars was parked so close you needed to go way out on the street to exit. ever discussed to sell the parcel to the County. Also planting naupaka at the corner was discussed with some of the local surfers to protect the building. Further, the new seawall was permitted by the County, the State Department of Land of Natural Resources (DLNR) and the Army Corp. of Engineers. I and was put exactly where it was supposed to be. The lateral access was never stopped nor was the surfers ever harassed by KBK. He noted that they work very hard with the local community to stop drinking and drug activity on the premises and have even put cameras up. however; they are now more than willing to sell this land to the County in lieu of these issues over the years. Mr. Hirakami told Mr. Sweere that when the Commission looks at properties for acquisition they also a group to help manage and maintain the property and the KBK board should consider a Memorandum of Agreement (MOA) to address the public access issues. Ms. Byrne Baber asked what the appraised value is feet but an appraisal has not been done. Ms. Ford noted that walking path at the south end for public access is owned by the State. Mr. Sweere added that their property pin is at the center of the easement so they own at least half of that. Ms. Ford stated that the County is not interested in buying that lateral route to the north end of the surfing area and is only concerned about the sandy beach area above the high-water mark up to Drive. KBK has been very gracious in taking care of this property for the past 30 years and since this is not land that can be developed and prices are low this would be a good time for the County to proceed. She added that she put 750,000 in the Capital Improvement Project (CIP) budget and is likely that number is too high but just following protocol. She also has no idea if there will be infrastructure that the County will provide. If the Commission puts this property on their prioritized list, then a resolution will go to Council for approval and will authorize the administration to purchase with monies from the 2% Fund. Mr. Hirakami asked if property. Mr. Sweere said they need to get 67% of the owners to say OK and will proceed if the County is interested. He did say - 5 - e on behalf of KBK. Ms. Self added that monies from the 2% Fund can only be used to purchase the land and will not be used for management and costs associated with maintenance. Ms. Donna Sweere commented that at the board meetings that were looking at ways to improve the property so that families can enjoy this area. Their number one focus is to do away with the druggies and the drinking to make it safe for all. She would also like the first choice of entry to be at the south end of the public walkway as it was damaged by the storm and never repaired since. Ms. Ford opined water mark it comes under APPROVAL OF MINUTES Ms. Markovich asked if the date of the next meeting under Announcements on page 4 was correct. correctly. Mr. Hirakami and Ms. Self noted that the spelling was correct. Motion: Vice-Chair Markovich moved to approve the minutes of April 18, 2011 as amended, if necessary for Iwa to correct the date on the minutes for the next meeting. Seconded by Commissioner Matsumura; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 11-003: Letter dated April 14, 2011 from James Waugh, President, Hawaughya -7--7- 004:119 Communication No. 11-004: Suggestion Form received on May 9, 2011 from Sam I. Ishigo, Pacific Pan Properties, Inc., re: Maulua Gulch Communication No. 11-005: Suggestion Form received on May 18, 2011 from Toni Withington, re: Communication No. 11-006: Suggestion Form received on May 24, 2011 from Toni Withington, re: Keawenui Easement Communication No. 11-007: Suggestion Form received on May 24, 2011 from Toni Withington, re: Kukuipahu- Communication No. 11-008: Suggestion Form received on May 25, 2011 from Toni Withington, re: - 6 - Communication No. 11-009: Suggestion Form received on May 27, 2011 from Brenda Rumball, Communication No. 11-010: Suggestion Form received on May 30, 2011 from Shannon Rudolph, re: Communication No. 11-011: Suggestion Form received on May 31, 2011 from Toni Withington, re: Kaiholena Communication No. 11-012: Suggestion Form received on May 31, 2011 from Cynthia Hope, re: Communication No. 11-013: Suggestion Form received on May 31, 2011 from Cynthia Hope, re: TMK (3) 7-6-016:032 Communication No. 11-014: Suggestion Form received on May 31, 2011 from Toni Withington, re: Communication No. 11-015: Suggestion Form received on May 31, 2011 from Janice Palma-Glennie, North Kona Ms. Moon talked about Communication No. 11-003 and stated that the Commission does take into y are not interested to sell. (the commissioners went into discussion regarding Communication No. 11-003) Ms. Self told the commissioners to continue their discussion of this item under new busi more appropriate. DEPARTMENT OF FINANCE REPORT 12:10 p.m. - Ms. Moon deferred this agenda item until Mr. Van Bergen returns. Ms. Self told the Commission that the bill that Council Member Hoffman had submitted to Council to amend the section of the code relating to the Commission did not pass. This bill proposed to add no fewer than ten qualifying lands to the prioritized list and add that if a property is not under negotiation or there is no resolution, the property would be dropped. If there is a resolution it shall remain in effect until the administration has exhausted all efforts of negotiating the purchase. The bill went through Finance Committee with a negative recommendation and was killed by the Council so nothing has changed. - 7 - the Finance Committee to provide comments regarding the bill that Council Member Hoffman had submitted. Ms. Self added that overall the purpose of this bill was to take away the decision making from Council and give it to the Commission. UNFINISHED BUSINESS Report from commissioners who attended the various Community Development Plan (CDP) Committee meetings in respective districts Ms. Moon asked if anyone had anything to report. She noted that she attended three of these CDP meetings and it was very positive and went really well. Ms. Markovich added that she attended the and North Kohala CDP meetings and it was very informational and educational to the public. Ms. Moon emphasized that it was good to remind the public that there are funds available to purchase open space. NEW BUSINESS Commissioners to discuss, review and assess Suggestion Forms submitted by the public for 2011 (The commissioners continued their discussion regarding Communication No. 11-003) Lunch: 12:20 p.m. Reconvened: 1:01 p.m. DEPARTMENT OF FINANCE REPORT Kw Mr. Van Bergen reported that Abel filed a contested case hearing at the DLNR board meeting in Honolulu and because of that the County had to request for another extension for both state and federal grant monies up to June 30, 2012. The federal Recovery Land Acquisition (RLA) grant was reduced from 1 million to 507,000.00 so instead of getting 2.5 million in grant mo The amount from the 2% Fund to acquire Kw would now be about 1.9 million. The title looks good an indemnity agreement in place with the landowner. - 8 - Kaiholena (parcels 21 and 22) An offer was received based upon the County putting 1.4 million down, 1.65 million in grant monies and carrying a note of 1.407 million. Corporation Counsel is currently reviewing the note part of this to see if it can legally be done and if so whether it needs Council approval. Currently all the properties that have resolutions (K, Kaiholena, Kingman, Pohoiki and Kahuku) total approximately 14 million to acquire. ing a deposit into the fund sometime in October. Kingman There is a park plan put together by P&R and a willing seller. The two parcels to be acquired with 2% funds were appraised at 3.2 million and the third parcel to be purchased with other funds would be 420,000.00. Pohoiki A resolution was passed recently by Council and the appraised value came out to 845,000.00. The owners are not satisfied with this price and are having another appraisal done. Kahuku This property also has a resolution and the appraisal came out to 2.4 million. Mr. Hirakami asked that with so much properties and not enough money in the fund, how does the County decide the order to proceed. Mr. Van Bergen replied that there really is no definitive answer. Once Council passes a resolution we look at willing sellers, matching funds and of course active community groups in the districts that are willing to work with the County for the long term management and maintenance of the property. If Corporation Counsel rules that we can do owner financing and have multiple fiscal year escrows then it will make it easier for us to look at more properties. NEW BUSINESS (continued) Commissioners to discuss, review and assess Suggestion Forms submitted by the public for 2011 (the commissioners went into discussion regarding the Suggestion Forms submitted by the public for 2011) - 9 - Motion: Commissioner Hirakami moved to consider Communication Nos. 10-018, 10-019, 11- 010 and 11-015 submittal forms Map Keys: 7-3-09:04 and 7-3-09:22. Seconded by Commissioner Grace; all members voted aye, motion carried. (the commissioners continued their discussion) Ms. Moon told the commissioners that their homework is to rank the properties individually and send th the numbers to Ms. Kelepolo by July 25. ANNOUNCEMENTS The next meeting is scheduled for Monday, August 8, 2011, 10:00 a.m., at the Department of Liquor Control Conference Room, 101 Aupuni Street, Suite ADJOURNMENT Motion: Commissioner Hirakami moved to adjourn the meeting. Seconded by Vice-Chair Markovich; all members voted aye, motion carried. Chair Moon adjourned the meeting at 3:41 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III - 10 - PONC listing of `O`oma II Re: June 6, 2011 Aloha, in North Kona was prepared in a joint effort by two grassroots, community groups, the Kohanaiki `Ohana and well as thousands of other citizens have used their voices and pens for over two decades to convince lawmakers and various owners of `O`oma that development is unsuitable there and that measures to insure its complete and unalterable protection from development are urgently needed. reiterate by listing those reasons as to why `O`oma is so important as environmental, spiritual, cultural, recreational, economic, and social. Under each of those is a plethora of specifics which have been re-hashed in far too many land use proceedings. Those n as development has gobbled up and made unrecognizable what used to be seemingly infinite and untouched open, coastal space. The State Land Use Commission, in its wisdom, has consistently agreed that `O`oma is unsuitable for development both in terms of the loss of its Conservation protections as well as the inherent dangers of developing property in the flight path of a burgeoning they made over a decade earlier. U from putting forth more development plans, and subsequent owners have never wanted to accept the limitations of the entitlements that came with the purchase of that Conservation-designated land. This is a significant reason why the public has petitioned acquisition by reinstating `O`oma II to the top of your priority list. We do not know if O`oma is for sale today, but it may be available as soon as one month position, we would like the County to be ready to take meaningful steps at representing its residents by helping to stop what seems to be never-ending and increasingly costly fights over this land and to secure it, once and for all, by purchasing it through Open value so low and with the prices of land lower now than they will be once another economic boom hits our island. Again, we ask that you review the information petition signatures, in-depth testimony by community members and public officials, and the request made by cultural practitioners, like Michelle Tomas, to stop development at `O`oma. (FYI, the Tomas ohana is being represented by the Native Hawaiian Legal Corporation whose funding, in large part, is by community donors with matching funds from nonprofit `Apono Hawai`I.) Mahalo for considering our application, our thoughts, and our sincere hopes that `O`oma will, at last, be secured as naturally-intact, publicly owned and controlled, open space. Sincerely, Janice Palma-Glennie Re: `O`oma and Open Space listing