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Home My WebLink About2011-09-12 Public Access, Open Space and Natural Resources Preservation Commission Minutes HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION September 12, 2011 Puna Conference Room 25 Aupuni Street, Suite #1501 Hilo20 Present: Chair Sarah Moon Vice-Chair Terri Markovich (arrived @ 10:24 a.m.) Commissioner Gail Byrne Baber Commissioner Searle Grace Commissioner Debbie Hecht Commissioner Steven Hirakami Commissioner Wilma Matsumura Others Present: Ken Van Bergen, Property Manager, Finance (left @ 11:36 a.m.; returned @ 11:50 a.m.; left @ 1:30 p.m.) Alexandra Kelepolo, Clerk III, Finance Amy Self, Deputy Corporation Counsel (arrived @ 10:14 a.m.) CALL TO ORDER The meeting was called to order by Chair Sarah Moon at 10:12 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Mr. Hirakami asked Mr. Van Bergen that at the last meeting he remembers asking when the first scheduled deposit into the 2% Fund would be Kelepolo clarified that it was included under the Finance Report. Motion: Commissioner Hirakami moved to approve the minutes of June 13, 2011. Seconded by Commissioner Grace; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 11-016: E-mail dated June 12, 2011 from J.C. Tyler III, re: Written testimony in support of Communication No. 11- - 1 - Communication No. 11-017: Letter dated July 21, 2011 to Council Chair Dominic Yagong and to the Public Access, Open Space and Natural Resources Preservation Commission (PONC) for Council District 8 Ms. Moon noted that this communication is a support letter Ms. Moon then welcomed Ms. Hecht to the Commission and let everyone know how instrumental Ms. Hecht was in the 2% initiative. DEPARTMENT OF FINANCE REPORT Mr. Van Bergen reported that there have been a couple twists and turns with the Kacquisition and the grant monies and move forward. The County has done everything we can however; anxious. He mentioned that at the May, Board of Land and Natural Resources (BLNR) meeting to approve the Federal grant, Mr. Abel Lui showed up and filed a contested case hearing with the State, Department of Land and Natural Resources (DLNR). A submittal prepared by the Division of Forestry and Wildlife was submitted to recommend that the BLNR not consider the contested case hearing which rd was initially scheduled for August but has since been moved to September 23. If that happens we th should close by mid-October. However; escrow is scheduled to close on September 15 and the seller is asking that concessions or interest payments be paid by the County if we extend. Ms. Hecht asked if the County forgives property taxes for landowners. Mr. Van Bergen replied that it would require Council approval and it could be looked at on a case by case basis. In regards to Kingman, the County is actively pursuing this acquisition as the landowner is holding Mr. Hirakami asked when someone asks for a c very arbitrary. Mr. Van Bergen replied that the appraisal was completed and the appraised value came out to 845,000.00. The County appraisal done. We were told verbally that the new amount is 1.75 million but have still not seen this appraisal as we are very curious to see how they got those values. Mr. Hirakami said that the 845,000.00 sounds reasonable for conservation zoned land and the 1.7 million sounds more like developmental values which leaves a lot of room for compromise. received the second appraisal yet, and if necessary we could have another one done. - 2 - Ms. Moon added that she was able to go to the property and walk along the shoreline and it is very beautiful and is heavily used by the public. OFFICE OF THE CORPORATION COUNSEL REPORT Ms. Self had nothing to report but did indicate that since we have new commissioners she will need to have a sunshine law training and to include this item on the agenda for the next meeting. Ms. Moon reported that she went to the blessing at Lapakahi in North Kohala with Ms. Kelepolo and it was a very good event with representatives from all the different agencies, governments and members of the community present. UNFINISHED BUSINESS Commissioners to discuss, review and assess Suggestion Forms submitted by the public for 2011 (the Recess: 10:55 a.m. Reconvened: 11:07 a.m. (the commissioners continued their discussion regarding assessments of the suggestion forms) Motion: Commissioner Hecht . Seconded by Commissioner Byrne Baber; Commissioner Hirakami opposed. Motion: Commissioner Hecht moved to re- Motion: Commissioner Byrne Baber moved to re-consider the motion that was passed. Seconded by Commissioner Hirakami; all members voted aye, motion carried. application and if it ranks high enough on the report that the Commission put an asterisk next to the property stating that we recommend that PONC monies are not spent on the commercial TMK, parcel 22; Seconded by Commissioner Hecht; all members voted aye, motion carried. Lunch: 11:55 a.m. Reconvened: 12:35 p.m. (the commissioners continued their discussion regarding assessments of the suggestion forms) - 3 - NEW BUSINESS Discuss and establish the 2011 Prioritized List (the commissioners went into discussion regarding establishing the 2011 Prioritized List) Motion: Commissioner Hecht moved to drop three properties off the list, the remnant, the parcel with the house on it and Kaiholena. Seconded by Commissioner Byrne Baber, no further action as Commissioner Hecht withdrew her motion. (the commissioners continued their discussion) Motion: Commissioner Hecht moved to move Hirakami; all members voted aye, motion carried. Motion: Commissioner Hecht moved to leave everything else as it was in the order that it was. No second. Commissioner Hecht withdrew her motion since the Commission will finalize the list at the next meeting. Ms. Moon then read the properties as ranked for the 2011 Prioritized List: #1 - beach #2 #3 #4 (*currently not for sale) #5 Kukuipahu- #6 Keawenui Easement #7 (*currently not for sale we do not recommend use of PONC funds for purchase of parcel 22) #8 Maulua Gulch (*recommend conservation easement) (the commissioners went into discussion regarding the suggestion form submitted for Maulua Gulch) Ms. Moon noted that she will do some research on Maulua Gulch as she is certain that there is a trail there. If she finds additional information she will bring it to the next meeting. Ms. Self added that she will e- Ms. Hecht will contact the representative for the Maulua Gulch suggestion form for additional information and provide a write-up at the next meeting. Discuss drafting of the 2011 Annual Report to the Mayor (the commissioners went into discussion regarding drafting of the 2011 Annual Report to the Mayor) Ms. Moon asked the commissioners to update sections of the annual report. She will draft the cover letter to the Mayor. For the introduction, Ms. Markovich will update page 1; Ms. Matsumura will update page 2; Ms. Hecht will update page 3 and Mr. Grace will update page 4. - 4 - Recess: 2:20 p.m. Reconvened: 2:27 p.m. Discuss proposed Bill No. 87 and draft a letter of support to initiate a Charter Amendment to Article X, Financial Procedures, Section 10- Charter (2010 Edition), regarding the Public Access, Open Space and Natural Resources Preservation Fund Ms. Hecht prepared a draft letter for the commissioners to review. (the commissioners then went into discussion) After much discussion it was determined that there will be no letter of support sent to the Council on behalf of the Commission. Ms. Self informed the commissioners that if they would like to go to the Council meetings to testify in support as an individual only they can do so. st Ms. Hecht told the commissioners the dates for the Council meetings are September 21 (Kona), thth October 5 (Hilo) and October 19 (Kona). Ms. Self reminded them to make sure that if two or more commissioners are present at these meetings to testify that no board business be discussed amongst each other. ANNOUNCEMENTS The next meeting is scheduled for Monday, October 10, 2011, 10:00 a.m., at the Department of Liquor -5044 Ane Keohokalole Highway, Building B, nd 2 Floor, Kailua-Kona 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 3:10 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III - 5 - County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of September 7, 2011) DateDescriptionDepositExpenditureBalance - Jan '06Transfer from General Fund 1,000,000.00 1,000,000.00 Aug '06Transfer from General Fund 1,000,000.00 2,000,000.00 Sep '06Interest 23,671.22 2,023,671.22 Apr '07Interest 54,334.19 2,078,005.41 Apr '07Real Property Tax Transfer 1,462,051.38 3,540,056.79 Jun '07Real Property Tax Transfer 57,271.51 3,597,328.30 Jul '07Interest 34,835.80 3,632,164.10 Oct '07 902,255.43 2,729,908.67 Oct '07Real Property Tax Transfer 156.23 2,730,064.90 Oct '07Interest 45,503.99 2,775,568.89 Nov '07 110.00 2,775,678.89 Dec '07Real Property Tax Transfer 2,378,195.36 5,153,874.25 Jan '08 1,923,388.26 3,230,485.99 Jan '08Interest 41,260.42 3,271,746.41 Feb '08Interest 15,884.30 3,287,630.71 Feb '08 80.97 3,287,711.68 Jun '08Real Property Tax Transfer 1,780,905.82 5,068,617.50 Aug '08Interest 67,373.11 5,135,990.61 Sep '08Contribution From State for Kawa'a 1,214,750.00 6,350,740.61 Dec '08Interest 42,867.51 6,393,608.12 Dec '08Real Property Tax Transfer 2,494,896.33 8,888,504.45 Feb '09Real Property Tax Transfer 6,107.29 8,894,611.74 Mar '09Interest 2,917.45 8,897,529.19 May '09Interest 2,601.13 8,900,130.32 Jun '09Interest 68,217.05 8,968,347.37 Jun '09Real Property Tax Transfer 2,000,599.35 10,968,946.72 Jul '09Interest 1,082.72 10,970,029.44 Jul '09Real Property Tax Transfer 21,677.30 10,991,706.74 Aug '09Interest 453.84 10,992,160.58 Sept '09Interest 485.65 10,992,646.23 Oct '09Interest 1,107.65 10,993,753.88 Nov '09Interest 280.51 10,994,034.39 Dec '09Interest 3,306.85 10,997,341.24 Jan '10Kaiholena North Purchase 6,550,100.82 4,447,240.42 Feb '10Kaiholena North Escrow Refund 55.00 4,447,295.42 Feb '10Interest 524.59 4,447,820.01 Mar '10Interest 14,351.53 4,462,171.54 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of September 7, 2011) DateDescriptionDepositExpenditureBalance Apr '10Interest 265.01 4,462,436.55 Apr '10Pa'o'o Purchase 945,000.00 3,517,436.55 May '10Interest 353.84 3,517,790.39 Jun '10Interest 298.78 3,518,089.17 Jul '10Interest 289.17 3,518,378.34 Aug '10Interest 298.83 3,518,677.17 Sept '10Interest 298.85 3,518,976.02 Oct '10Interest 289.24 3,519,265.26 Nov '10 2,586.92 3,516,678.34 Dec '10Interest 298.91 3,516,977.25 Dec '10 827.56 3,517,804.81 Jan '11Interest 587.89 3,518,392.70 Feb '11Interest 298.83 3,518,691.53 Apr '11Interest 568.81 3,519,260.34 May '11Interest 289.27 3,519,549.61 Jun '11Interest 298.93 3,519,848.54 Jul '11Interest 289.31 3,520,137.85