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HomeMy WebLinkAbout2011-10-10 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Kona Mtg.) HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION October 10, 2011 Department of Liquor Control Meeting Room Civic 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 Steven Hirakami Commissioner Wilma Matsumura Absent: Commissioner Searle Grace Commissioner Debbie Hecht Amy Self, Deputy Corporation Counsel Others Present: Bill Brilhante, Deputy Corporation Counsel Ken Van Bergen, Property Manager, Finance (left @ 11:39 a.m.; returned @ 12:21 p.m.; left @ 12:45 p.m.) Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Sarah Moon at 10:07 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Mr. Hirakami noted that on page 2 under the Finance Report when discussing the Pohoiki property he Kelepolo noted that she will add this into the minutes. Motion: Commissioner Matsumura moved to approve the minutes of September 12, 2011 as amended, Seconded by Commissioner Hirakami; all members voted aye, motion carried. - 1 - DEPARTMENT OF FINANCE REPORT th Mr. Van Bergen stated that we are still in escrow for Kw which is scheduled to close on October 15 however we do anticipate extending for an additional few weeks as we are finalizing the deed language and awaiting receipt of the State and Federal grant monies. In addition, we are going into contract for the Kingman acquisition as we received a little over 2 th million into the fund on September 30 which was the first deposit in over two years. The moratorium stth ended on July 1 and the fund deposits are quarterly so our next deposit should be by December 31 ststrd followed by March 31. However, the 1 and 3 quarters are the largest deposits since after property taxes are due. We can then move forward with Kaiholena and Pohoiki. Ms. Byrne Baber asked on the status of the Legacy Land Conservation Program grant for Kaiholena. Mr. Van Bergen replied that the resolution was just passed last week and we have two years, until June 30, 2013 to acquire those parcels. Mr. Hwhy is the monies in the fund already in Mr. Van Bergen replied that we have to show the State that the money is already there in order for them to release the grant monies and it will sit there until escrow closes. Ms. Moon has nothing to report but wanted to welcome Ms. Janet Britt, who is with the UNFINISHED BUSINESS Discuss and establish the 2011 Prioritized List (the commissioners went into discussion regarding Maulua Gulch and the report prepared by Ms. Debbie Hecht) Mr. Brilhante asked Ms. Moon if the Commission is going to accept this report into the record and noted that it should be done before they discuss. Motion: Vice- consideration and open it up for discussion regarding the prioritized list; seconded by Commissioner Byrne Baber. All members voted aye, motion carried. (the commissioners went into discussion regarding the Maulua Gulch report from Debbie Hecht) Ms. Moon noted that they will leave Maulua Gulch on the prioritized list with an asterisk to recommend a conservation easement. - 2 - Discuss drafting of the 2011 Annual Report to the Mayor (the commissioners went into discussion reviewing the draft cover letter and introduction of the annual report) Ms. Moon asked that in the Charter it says that monies for this fund shall be used solely to purchase or otherwise acqu Mr. Brilhante stated that the Charter is the highest body of law for the County and recommended that they stay as close to the language of the Charter as possible in case they get challenged down the road. Not to say that you are bound by that, as long as you specifically state the justification for deviation. Ms. Markovich asked if that would mean referring to land as fee simple property. Mr. Brilhante said that if you specifically state fee simple only does that preclude you from any possible deliberation or discussion regarding the opportunity to enter into a lease agreement. Mr. Hirakami said they should leave it to read recommending the purchase or acquisition of lands or property entitlements which is stated in the Charter. (the commissioners continued their discussion as they reviewed the draft introduction for the annual report) n recommending conservation easements, is that something they can adopt as part of their practices in looking at easements rather than purchase. Mr. Brilhante replied that he would be reluctant to say that easements would qualify under that category but he would have to look into this and either him or Ms. Self would report back at the next meeting. Mr. Hirakami stated that last year the Commission put an agricultural conservation easement for rings on their prioritized list and it was ranked f Mr. Brilhante reminded them that this Commission is tasked with making recommendations to the Mayor and County Council. That gives the Commission greater latitude as to what type of parcels they recommend whether it be fee, lease or easement since ke the ultimate decision. (the commissioners continued their discussion as they reviewed the draft introduction for the annual report) Recess: 11:35 a.m. Reconvened: 11:50 a.m. - 3 - Ms. Moon told the commissioners that they need to do write-ups for some of the properties on the mura and Maulua Gulch to Ms. Markovich. Mr. Brilhante asked Ms. Moon are they proposing to make the draft report available for the public to comment or provide input prior to the next meeting. He added that suggested that they leave it as a work in progress. question never come up before. Mr. Brilhante noted that Office of Information Practices, under the Sunshine Law, states that all matters relating to the Commission should be made open to the public. I version that will be considered for adoption it should be made available. If today the intent is to come up with a final document then consideration should be made to make it available to the public before the next meeting. Mr. Hirakami asked Mr. Brilhante if the report to the Mayor should be made available to the public. Mr. Brilhante replied that this report does not include any decision making since an advisory letter ie making up a rule, regulation or resolution. Mr. Brilhante stated that your recommendation to the Mayor is a final decision of this board and as part of the deliberation process of this board you have to consider public comment. Mr. Hirakami then asked if the person that submitted Maulua Gulch, who is a realtor, sees it in challenge like this. Mr. Brilhante replied that anybody can come and say what they want but itCommission to he would need to look into that. finalizing the report today since Mr. Grace and Ms. Hecht is not present to provide their input and comments. (the commissioners continued their discussion as they reviewed the draft introduction for the annual report) Lunch: 12:26 p.m. Reconvened: 12:58 p.m. Ms. Moon asked if the commissioners could give their write-ups to Ms. Kelepolo. She then asked them when they would like to have their next meeting, November or December. th Motion: Commissioner Matsumura moved that they meet in Hilo on November 14. Seconded by Commissioner Byrne Baber; all members voted aye, motion carried. - 4 - ANNOUNCEMENTS The next meeting is scheduled for Monday, November 14, 2011, 10:00 a.m., to be determined. ADJOURNMENT Motion: Commissioner Hirakami moved to adjourn the meeting. Seconded by Commissioner Matsumura; all members voted aye, motion carried. Chair Moon adjourned the meeting at 1:06 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III - 5 -