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HomeMy WebLinkAbout2013-01-14 Public Access, Open Space and Natural Resources Preservation Commission Minutes HAWAI‘I COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION January 14, 2013 West Hawai‘i Civic Center Building G Conference Room 74-5044 Ane Keohokalole Highway Kailua-Kona, Hawai‘i 96740 Present: ChairMarilyn Nicholson Vice-Chair Steven Hirakami CommissionerEnock Freire Commissioner Gail Byrne Baber Commissioner Terri Markovich Commissioner Wilma Matsumura Absent: Commissioner Searle Grace Commissioner Debbie Hecht Commissioner Sarah Moon Others Present:Bill Brilhante, Deputy Corporation Counsel (arrived@10:09a.m.) Ken Van Bergen, Property Manager, Finance (left @11:07a.m.; returned @ 11:13 a.m.; left @ 11:20a.m.; returned @ 12:02p.m.) Alexandra Kelepolo, Property Management Technician, Finance CALL TO ORDER The meeting was called to order by Chair Marilyn Nicholsonat 10:07a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Ms. Nicholson asked if there is any discussion regarding the minutes. Mr. Hirakami questioned the statement that was made by Mr. Mark McNett on page 2 and expressed that he was not comfortable with the comment, as it was opinionated and derogatorytowards Mr. Lincoln Ashida and Ms. Debbie Hecht. Mr. Brilhantereplied that when it comes to public comment you cannot control what is said. When a member of the public comes to a meeting they can only talk about what is agendized. When it comes to statements,it’s ok to correct the record but the public comments are going to get recorded,we can’t sensor it. Recess: 10:13 a.m. (fire drill) Reconvened: 10:26 a.m. -1- Mr. Hirakami clarified that this statement by Mr. McNett was notmadein the presence of the commissionerand thepublic officialandhe feels thatcomments should be addressed to the Commission and not a specific member.Mr. Brilhante replied that unfortunately we cannot sensor what hesaid, however it’s ok to clarify the recordand the statement that he made and note that there’s no factual basis to what was said. He told the Commission that they can amend the minutes to note that Commissioner Hecht was not present at the meeting and therefore unable to comment. Motion: Commissioner Markovich moved to clarify that neither Commissioner Hecht nor Lincoln Ashida was present at the meeting. Seconded by Commissioner Byrne Baber; all members voted aye, motion carried. Motion: Vice-Chair Hirakami moved to approve the minutesas amendedofNovember 26, 2012. Seconded by Commissioner Matsumura; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 13-001:Letter received on December 14, 2012 from Patti Pinto, Chair, Puna Community Development Plan (CDP) Action Committee, re: Support for the land acquisition of Kapoho/Wai‘opae(aka Hara Property or Vacationland Trust), TMK: (3) 1-4-02:022 & 051 by PONC Ms. Nicholson asked for a motion to file Communication No. 13-001. Motion: Vice-Chair Hirakami moved to file Communication No. 13-001. Seconded by Commissioner Markovich;all members voted aye, motion carried. DEPARTMENT OF FINANCE Mr. Van Bergen reported that we were planning to open escrowfor Kaiholenaand close in February but we ran into a problem with obtaining the tax clearances for the landowner, EWM as requiredunder Act 190. Once we receive the tax clearances we can move forward with the grant documentationand we should close escrow soon after that. For Pohoiki, he is currently working with Mr. Hirakami and the landowner Mrs. Ida Smith, but it’s going to take more time sincesubdivisionapproval needs to obtainedfrom the State, Dept. of Land and Natural Resources. In regards to Kingman, the County still needs the Burial Council to approve the plan before the contractor can finish his obligations under thecontract and close escrow. Hopefully this should be done in about two weeks. Ms. Byrne Baber asked why did the appraisal come in lower for Kaiholena when the appraisal for another property in Kohala (Kauhola Point) came in higher. Mr. Van Bergen noted that the appraiser can make a difference and also the market is still low. Ms. Byrne Baber asked what the difference between the totals was.Mr. Van Bergen replied about 600,000.00, it went from 4,595,000.00 to 3,991,000.00. Ms. Nicholson asked when willwesee the impact of the charter amendment. Mr. Van Bergen replied that we won’t really see it in effect since it’s already there. It was initially set at 2% then there was a -2- moratorium on deposits to the fund, a charter amendment set it at 1% and now itsset in stone at 2%. This took effect on November 6, 2012. Ms. Byrne Baber asked about the maintenance fund and how it’s going to work. Mr. Van Bergen replied that Parks and Recreation will be handling that fund asthey already work with non-profits and organizations under Friends of the Park. This allows them to have a budget to fund some of these parks. Ms. Byrne Baber asked ifit’s only for lands purchased with the 2% fund. Mr. Van Bergen replied yes. Ms. Nicholsonasked for clarification on the status of properties on prioritized lists, what does it mean when the status of some properties says not being pursued at this time. Mr. Van Bergen replied that there are more properties that have resolutions and we don’t have enough funds. Ms. Matsumura asked what is keeping the County from purchasing all of these properties. Mr. Van Bergen replied that when you have limited funds you have toprioritize the acquisitions based on leveraging funds with grants, a landownerwilling to sell, etc. Ms. Nicholson asked if properties candrop off the list. Mr. Van Bergen replied that it doesn’t drop off the list, it’s just not pursued. It’s an on-going list, and ifand when something becomes available for purchase we can look into it. OFFICE OF CORPORATION COUNSEL’S REPORT Mr. Brilhante had nothing to report. Ms. Nicholson asked that since we are losing two and getting two commissioners are we going to have sunshine law training. Mr. Brilhante repliedyes. CHAIRPERSON’S REPORT Ms. Nicholson thanked Ms. Markovich for serving on the Commission and mentioned that we will be getting two new commissioners starting at our next meeting. Mr. Brilhante added that once they get confirmedand sworn in, they can start. NEW BUSINESS Commission to review and revise Suggestion Form Mr. Hirakami asked about the new council districts and how does it affect them now since it’s been re- aligned. Does it change their representation of where they reside and who they represent. Mr. Brilhante replied that because the district changed,the area of representation changes as well. However underthe Charter, you can still holdover in the initial district that you represented and once your term ends the new commissioner coming in willrepresent the new district. Ms. Nicholson asked if they should clarify the council districts on the form. Mr. Brilhante noted that the land district does not change like the political districts, it remains the same. -3- (the commissioners went into discussion) Commission to discuss scheduling of 2013 public regional meetings Ms. Nicholson suggested that the commissioners contact the Councilmember in theirrespective districts to possibly collaborate with them and schedule a public meeting. She then asked if anyone will be doing presentations in their districts. Mr. Hirakami stated that he will contact the Chair of the Puna Community Development Plan(CDP) Action Committee to see if he can do another presentation at theirCDPmeeting since they recently sent in a letter of support for the acquisition of the Kapoho/Wai‘opae property. and South Kohala since there hasn’t been public submittals since 2008.Shesuggested that we send out a press release for radios and newspapers. Ms. Kelepolo noted that in previous yearsa press release to the various newspapers and radio stations were sent out.Mr. Hirakamiwill prepare a draft press release and send to Ms. Kelepolo prior to the next meeting. Mr. Freire said that he will do presentations at the Rotary club meetings.He also suggested that the Chamber of Commerce meetings might also be a good place to provide information.Ms. Nicholson added that it seems amajority of the submittals are from community groups in the districts.Ms. Kelepolo will provide packets/information for the public for distribution at these meetings. Commission to discuss and schedule priorities for 2013 meetings and activities Ms. Nicholson asked Ms. Kelepolo what has been done in the past for this agenda item. Ms. Kelepolo replied that in the past the Commission has talked about the possibility of site visits on properties that were listed on the prioritized list. Thecommissioners thenset a schedule of what would be discussed at each meeting in preparation of the annual report. March –reviewand discussAssessment Criteria Form May –Sunshine Law training July –review Suggestion Formssubmitted by the public September –draft prioritized list and annual report November –review and finalize annual report Ms. Matsumura suggested that maybe the Commission should be more pro-active and not wait for the public to submit properties that has not been addressed. Ms. Byrne Baber noted that it’s their job to support the public and not necessarily advocate for any properties in particular. Ms. Matsumura looked at some properties that was submitted in the pastand noticed that the public has not come back to re-submit these properties. Mr. Hirakami added that in the last press release the public was encouraged tore-submit submissions. He also stated that the amount of public testimony in support of these properties really influenced his decisions during the assessment process. Mr. Brilhante suggested that if they need to discuss this further theyshouldagendize this discussion for the next meeting. -4- ANNOUNCEMENTS The next meeting is scheduled forMonday, March11, 2013, 10:00 a.m. inthe Hawai‘i County Building, Puna Conference Room, 25 Aupuni Street, Suite #1501, Hilo, Hawai‘i. ADJOURNMENT Chair Nicholsonadjourned the meeting at12:05p.m. Respectfully submitted, Alexandra Kelepolo Property Management Technician -5-