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HomeMy WebLinkAbout2012-01-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION January 9, 2012 Department of Liquor Control Meeting Room Center nd 74-5044 Ane Keohokalole Highway, Bldg. B, 2 Floor Kailua-Kona40 Present: Chair Wilma Matsumura Vice-Chair Steven Hirakami Commissioner Gail Byrne Baber Commissioner Enock Freire Commissioner Terri Markovich (arrived @ 10:12 a.m.) Commissioner Marilyn Nicholson Absent: Commissioner Searle Grace Commissioner Debbie Hecht Commissioner Sarah Moon Others Present: Amy Self, Deputy Corporation Counsel Ken Van Bergen, Property Manager, Finance (left @ 11:24 a.m.; returned @ 12:09 p.m.) Alexandra Kelepolo, Clerk III, Finance CALL TO ORDER The meeting was called to order by Chair Wilma Matsumura at 10:10 a.m. POWERPOINT PRESENTATION BY DALE BONAR AND JANET BRITT, RE: HAWAIIAN ISLANDS LAND TRUST (HILT) AND CONSERVATION STRATEGY Mr. Dale Bonar introduced himself as the Executive Director for HILT along with Janet Britt, He then proceeded with the power-point to the Commission regarding agricultural lands, open space and conservation easements. He gave a brief overview of what their mission is about, how land trusts protect land and also highlighted on some completed projects in the state. hich are through conservation easements and 530 acres that is owned in fee. All of these ecologically important lands have or contain culturally or historically significant sites, native habitat, native species or provide public access whether it be through fee conveyance or conservation easements. HILT will also acquire land and transfer over to non-profit organizations or governmental agencies, such as the National Park - 1 - Mr. Van Bergen asked when HILT acquires land in fee are there deed restrictions. Mr. Bonar replied that if there are grant monies involved in the acquisition and requirements and typically HILT will provide a conservation easement to the state or county. Should HILT become incapable of managing these lands or wish to transfer to another non-profit then both the county and the state has to approve the transfer or the land will revert back to them. Ms. Matsumura then asked that if all fails and the property reverts to the state or county, would they be able to sell it to a developer. Mr. Bonar replied that if and/or state or county, you have eminent domain, so technically, yes. Ms. Byrne Baber asked if you could put any legal restrictions on the property. Mr. Van Bergen replied that it would have to go to County Council for approval. Mr. Bonar replied that any restriction that HILT puts on a senior jurisdiction would have to approve. Mr. Bonar added that if you put a conservation easement on your land it places permanent restrictions on the land and the landowner gives up some/all developmental rights. There are also tax benefits ILT will monitor annually to ensure compliance with terms of easement and enforce as necessary. Ms. Britt then talked about the flexibility of conservation easements and how they are specific for each ion landowner. Ms. Nicholson asked what happens when the conservation value changes; for instance, a lava flow wipes out a forest that was a nesting site. Ms. Britt replied that i really not much you can do about that. no need for the easement. There are provisions that would allow you to Ms. Britt talked about how conservation easements conserve agricultural lands, restore the ecological integrity and provide public access. They are far less expensive than fee acquisition, promote private land conservation and provide opportunities for cooperative partnerships among private landowners, conservation groups and government agencies including the County. also a stewardship fund to maintain the lands so before a property/easement is acquired they calculate how much it will cost to monitor and maintain once acquired if the landowner cannot come up with the extra money. Mr. Hirakami commented that there seems to be a conflict between the slides, one says that a conservation easement does not provide public access but another says otherwise. Ms. Britt replied that they are flexible documents and if the easement would be for access then that would be the primary purpose versus an easement designated for agriculture that would restrict public access. - 2 - Mr. Hirakami asked if HILT presently has any land that allows public access. Ms. Britt replied yes, Waihee Preserve in Maui. Mr. Hirakami then asked who bears the liability. Mr. Bonar replied that if HILT owns it the County is liable if they own it. Mr. Hirakami asked if the County acquired a recreational access easement would they pick up the liability. Mr. Bonar replied only if the County controls the public access. Ms. Self added that if the County owns an easement they become liable and protected undland that is un-improved they could be protected under Act 82 which is going to sunset in 2014. Mr. Bonar in the last few months that have held an easement holder liable if they have nothing to do with managing the access. Ms. Nicholson asked Mr. Bonar if he could define the key differences between HILT and The Nature Conservancy (TNC) in their separate desires to save lands. Mr. Bonar replied that TNC focuses on relatively intact native eco-systems including coastal work. HILT works more on requests for public access, scenic view-sheds, agriculture, cultural and historical. He stated that they do work and partner together all the time along with The Trust for Public Lands as their missions are all similar. Ms. Nicholson then asked Mr. Bonar that in this case for HILT and TNC, are there still taxes paid on the property. Mr. Bonar replied that if they acquire properties in fee, they can get an exemption from paying propvery minimal. Ms. Nicholson then asked why want to work with HILT or TNC to acquire an easement so that taxes can still be generated from the property. Mr. Van Bergen replied that in a for recreational or agricultural purposes yet. Ms. Self added that we have lots of easements granted to the County for various purposes and by state law a public access easement is required if someone from the public comes in and applies for a Special Management Area Permit. Mr. Bonar stated that if the County owns the property in fee they have to pay for all expenses versus if nsible. The benefits of partnering with HILT overall is that the management costs of the property would be very minimal. Ms. Nicholson asked Mr. Bonar for the properties that the Commission recommended in the report last year, could they approach HILT for a possible partnership. Mr. Bonar replied yes, they do try to keep in contact with the various counties. Mr. Van Bergen reminded Ms. Nicholson that it is the County Council that authorizes the administration to proceed with negotiations not the Commission. Mr. Hirakami asked Mr. Bonar about the letter from HILT conservation easement - 3 - STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS JOHN REPLOGLE talked about an agricultural conservation easement that was done by He talked about how TNC did the baseline work (marked the boundaries, fence lines and took photographs from different locations within the property). Within the easement the landowner specified two sites where buildings could take place (homes or farm buildings) and a good chunk of native forest on the top where an access easement could be granted to hunters to access the forest. The state recently hired someone that is going to work on access issues and look into how they can work with landowners regarding conservation easements. example would be the County-owned lands. He feels that the County should put a conse into homes and the numbers of buildings and infrastructure could be limited. This would give the properties a more realistic value. APPROVAL OF MINUTES Ms. Matsumura stated that we deferred approval of the October 10, 2011 minutes to clarify what was discussed. Ms. Kelepolo noted that the recording reflected what was said in the minutes. Mr. Hirakami then asked that page 4 of the minutes be revised to read: 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 m up a rule, regulation or resolution. Motion: Commissioner Markovich moved to approve the minutes of October 10, 2011 as amended. Seconded by Commissioner Nicholson; all members voted aye, motion carried. Ms. Matsumura asked if there were any changes to the minutes of November 14, 2011. Motion: Commissioner Nicholson moved to approve the minutes of November 14, 2011. Seconded by Commissioner Freire; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 12-001: Letter dated December 7, 2011 from Dale Bonar, Executive Director, conservation easement request withdrawn from consideration by the Commission Ms. Matsumura asked Ms. Self as to whether they can include a communication that was sent to Ms. th Kelepolo by e-mail on January 8from Mr. Charles Flaherty. Ms. Self replied yes. - 4 - Ms. Matsumura then read the e-mail communication from Mr. Flaherty: I am writing out of concern for the negative impact of conservation easements on Native Tenant Rights. Please have a representative from Title Guarantee come to one of your meetings to explain how land trusts and conservation easements extinguish Native Tenant Rights, so that you may avoid potential harm to Native Hawaiian rights in your efforts to do good for the long- Ms. Matsumura noted that both of these communications will be filed. DEPARTMENT OF FINANCE REPORT Mr. Van Bergen reported that we will be going into escrow for all three Kingman parcels within the next few weeks. He added that he went to Oahu since the County applied for grant monies with the Legacy Land th Conservation Program (LLCP) for the acquisition of Kahuku and came in 7out of 8. He noted that someone from the State, Department of Land and Natural Resources recently contacted him and wants to help the County apply for grant monies from U.S. Fish and Wildlife, Recovery Land Acquisition since they own the adjacent Manuka Natural Area Reserve. The acquisition price is 2.4 million and the County asked for 1.2 million from LLCP t be getting anything. In regards to Pohoiki, we are still reviewing the appraisal reports because of the large difference in value but before we proceed any further we will be finalizing the Kingman acquisitions first. Mr. Hirakami asked what the approximate total price is for Kingman. Mr. Van Bergen replied that 3.2 million would be used from the 2% fund and 360,000.00 from another fund. Mr. Hirakami then asked that even after the Kingman acquisition depletes our fund can we still proceed. Mr. Van Bergen th replied that t for about st 200,000.00 and another 2 million will be deposited on March 31 so we could still move forward with Pohoiki if the price is right. Mr. Hirakami then asked if it would be wise to know what the owners pay in property taxes when the County acquire properties so were not shooting ourselves in the foot. Mr. Van Bergen replied that the County is very aware what the property taxes are. Mr. Hirakami commented that the County is using real property taxes to acquire properties and at the same time taking it out of the tax base. Ms. Byrne Baber added that even if you lose the tax value of the property, if you look at the conservation and eco-system values the actual financial return is quantified. - 5 - Commission Ms. Self said she had nothing to report but understand that there was some questions asked of Mr. Brilhante at the October meeting. She added that the sunshine law training scheduled for today will be moved to another meeting since all members are not present. Deputy Corporation Counsel Amy Self to discuss with the Commission the possibility of recommending conservation easements rather than fee purchase and whether it can be Ms. Self told the Commission that after reviewing the County Code, a conservation easement would be ings conservation easement that came begin negotiations f Code Ms. Matsumura stated that when the nomination form comes in, the Commission considers written. She asked Ms. Self if it would be her opinion that the Commission alters role the County has then the Commission can ask the applicant questions or make arrangements to come to a meeting and explain in detail. granting source. There are County funds that are set up like that which is similar to the State, LLCP. Ms. Matsumura then stated that for purposes of this agenda item can this be included into the because t you normally do when reviewing the suggestion forms. Mr. Hirakami ervue. Ms. Self told Mr. Hirakami that if you want to discuss that it would need to be listed as an agenda item at another meeting. Ms. Nicholson stated that she is not clear and needed clarification in regards to conservation easements and asked Ms. Self in regards to entitlement, would the County have to control the easement. Ms. Self replied that the County gets a lot of grant of easements for various purposes and on the document the grantor is the fee simple owner of the property and the grantee is the County and we have an interest in ame. Ms. Nicholson asked if we could have a co-responsibility possibly . A management plan and partnership for land management could then be worked out with the co- applicants. - 6 - Ms. Matsumura highlighted that all vacancies on the Commission have been filled and hopefully there will be a full quorum at the next meeting so that they can have their sunshine law training. NEW BUSINESS Commission to review, discuss and revise the prioritized list criteria (the commissioners went into discussion reviewing the Assessment Criteria Form and the Suggestion Form) The Commission decided that there are no changes to be made to the Assessment Criteria Form and did make a few changes to the Suggestion Form. Ms. Matsumura stated that review of the draft will be listed on the agenda for approval at the next meeting. Mr. Hirakami asked if they discussed the prioritized list criteria. Ms. Matsumura clarified that they are making changes to the Suggestion Form to address the prioritized list criteria and will now be re- ANNOUNCEMENTS The next meeting is scheduled for Monday, March 12, 2012, 10:00 a.m., be determined. ADJOURNMENT Chair Matsumura adjourned the meeting at 12:19 p.m. Respectfully submitted, Alexandra Kelepolo, Clerk III - 7 -