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HomeMy WebLinkAbout2013-07-08 Public Access, Open Space and Natural Resources Preservation Commission Minutes HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION July 8, 2013 Aupuni Center Conference Room 101 Pauahi Street Hilo96720 Present: Chair Marilyn Nicholson Vice-Chair Steven Hirakami (arrived @ 10:12 a.m.) Commissioner Timothy DeLozier Commissioner Enock Freire Commissioner Searle Grace Commissioner Wilma Matsumura Absent: Commissioner Byrne Baber Commissioner Debbie Hecht Others Present: Amy Self, Deputy Corporation Counsel Ken Van Bergen, Property Manager, Finance (left @ 1:20 p.m.) Alexandra Kelepolo, Property Management Technician, Finance CALL TO ORDER The meeting was called to order by Chair Marilyn Nicholson at 10:10 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS RENE SIRACUSA Ms. Rene Siracusa, president of Malama O Puna (MOP) spoke in support of the Vacationland Land lands were covered by lava and are no longer in existence which makes this area even more important. It took about six years to get the Waiopae tide-pools designated as a Marine Life Conservation District (MLCD). This property is on the southern boundary of Waiopae and has been on the market. At one time the landowners considered putting up major housing developments which could be a huge problem in terms of sewage impacting the tide-pools and marine life. The area also has archaeological sites, native birds, plants and coastal forest. MOP has been doing on-going restoration work for many years assisting with the MLCD and removal of the mangrove trees. MOP is willing and able to continue stewardship and hope it will be under the umbrella of the Commission. OSHI SIMSARIAN Ms. Oshi Simsarian spoke in support of the Vacationland Land Trust/Hara property in Puna. She spoke of how unique the property is, historically and so underserved. There are no lands that have yet been purchased with PONC funds in the Puna district, none. The ocean access is so limited in this area it is essentially the only safe access for families and children to snorkel and swim. - 1 - There are about 60,000 visitors that use this area annually and only 17 parking stalls. Acquisition would open up public access and habitat preservation within the MLCD along with the native lowland wet forest, virtually one of the few remaining pockets. In addition a small pocket of Amakihi has been sighted and documented along with the endangered Hawaiian Monk Seal. There is an urgency to have this area managed and preserved by organizations like MOP to also protect the burial sites and address the watershed since pollutants going into the ocean are a huge issue. She has been talking to Council Member Illagan to have a resolution prepared for acquisition of this property. confusion due to the subdivision/consolidation. Tletters may be in-correct but the suggestion form should have the right information. Mr. Hirakami asked how far along for the Vacationland lots conversion from cesspool to septic. Ms. Simsarian replied that only the houses closest to the water have cesspool. Mr. Tom Knott added that conversion only happens when the property is sold. If anyone applies for a new water meter i required that they meet the current standards and convert. or if they want County water. MARK CLAWSON Mr. Mark Clawson spoke in support of the Vacationland Land Trust and the uniqueness of this property both terrestrially and aquatically. This area is a relatively intact wet low-land forest environment, an eco-system which is becoming increasingly rare supporting communities of plants and animals found nowhere else. Aquatically, tide-pools in shallow water, rich in coral and marine life; under assault on a daily basis by invasive species which is taking its toll. Mr. Hirakami asked about the approximate percentage of lowland forest; lava flow. older JANET BRITT Ms. Janet Britt is representing the Hawaiian Islands Land Trust (HILT) and has submitted two projects to the Commission for consideration. They are for Grassman Macadamia Nut Farm (GMNF) and Honolulu Coffee Company been discussion among the Commission regarding conservation easements but to date there has not yet been an easement purchased. Thlehu and the landowner is committed to purchase conservation easement. The easement was appraised for 400,000.00 and they have raised 300,000.00 so they need 100,000.00 to complete. The HCC easement located in the South Kona district, already surrounded by an 11,000 acre Kealakekua conservation easement was appraised for 1,230,000.00 and they have 922,500.00 committed and need 307,500.00 to close. - 2 - (Ms. Britt presented a power-point to the Commission explaining what purchased conservation easements are and how they work) Ms. Nicholson asked for the GMNF as an example. Once the 400,000.00 is secured for the easement where would it go? donating 25% of the value they would only get 300,000.00. The land will forever remain in agricultural, there will be no subdivision. Ms. Nicholson asked what if it gets switched to another crop. Ms. Britt replied that HILT writes the easements and it is written up to protect certain conservation values. They must be in compliance with HILT and NRCS and the County if they are a signatory also. ands. Mr. Hirakami asked if they would be able to put up farm dwellings. Ms. Britt replied that the easement will restrict how many buildings they can put up; Mr. Hirakami asked what would be the public benefit. Ms. Britt replied continued open space, native habitat for animals, maintaining agricultural industry. The public would have access through a hiking trail along the property and it could be written into the easement document. Mr. DeLozier asked if Ms. Britt could provide a sample of what the easement document would look like. Ms. Britt replied that she would be glad to provide a copy to the commissioners. CHRIS BILTOFT Mr. Chris Biltoft spoke on behalf of the acquisition of the Vacationland Trust/Hara property. He is a purchased. The cesspit is a major problem however they have very limited tools. The University of Hilo did a study of the nitrogen fluid in the area and the summary was that 19% of the total influx was due to the cesspool waste and 39% was agricultural runoff. There is a problem with the influx of nitrogenous waste and if acquired there could possibly be a partnership with the Department of Health to mitigate this issue. TOM KNOTT Mr. Tom Knott spoke in support of the Vacationland Trust/Hara property. It seems that with Puna growing it seems appropriate to acquire this land for recreation purposes and within the jurisdiction of the County. This would improve the health and relieve the pressure on parking, bathroom access and remain in preservation. JANE HENDERSON pae area and has nothing more to add. NADINE RUTLEDGE -pools spoke in support of the Vacationland Trust/Hara property. She stated that this area is used by about 1,000 people daily with only 17 parking stalls and no public facilities. It is used by locals, tourists and residents for snorkeling, - 3 - swimming and hiking however everyone is crammed into a tiny little spot. The homeowners have been generous in letting the public utilize the area however there is very little access and they are very desperate for open space. She talked about the runoff regarding the fish kill and will never know if it was related to the geothermal meltdown or sulfur from the volcano. They are now working with DLNR and UH-Hilo so the next time this happens they will collect the fish so that research can be done to find out the cause. The community is very involved by picking up trash and educating the community which is also used by schools and students. They really need help from the County for the good of the tide-pools, the district and the community. Mr. Hirakami asked out of the 1,000 people that visit daily how many are tour operators. Ms. Rutledge replied that is illegal to charge for profit in an MLCD. Mr. Hirakami asked who does the water sampling. Ms. Rutledge replied that the County does this, every Monday checking for fecal matter and oxygen levels. Mr. Hirakami replied that golf courses contribute heavily to runoff and insist that the State check on baseline water samples. Mr. Van Bergen the State. MARY FLEMING g said for this property than what was already said. opae tide-pools you need to consider this purchase otherwise it will be gone. You will lose the tide-pools, the endangered species and the opportunity for recreation to spread out. The quality of life could be so much better in Puna if this purchase went TONI WITHINGTON Ms. Toni Withington spoke for hundreds and thousands of people in North Kohala who have been working for 40+ years to preserve the coastline free from development. Part of their empowerment is to work with other communities and obtain other sources of funding besides the 2% Fund. She represents five groups in North Kohala with lots of expertise in Hawaiian culture. Three acquisitions were completed this year, the County closed escrow for two parcels in Kaiholena one more parcel to be purchased by the Ala Kahakai Trail Association which is very close to meeting its goal. Kauhola Point was purchased through LLCP, local fundraising and TPL. A mile of coastline in Halelua was able to be purchased with funding from HILT. This year they submitted six suggestion forms for consideration, five of which has been previously nominated. The new property submitted is Lamaloloa, a sliver of land adjacent to Lapakahi State Park and nearby The landowner put this property on the market this year and they are also looking at other sources of funding as well. (Ms. Withington provided a CD to the commissioners with photos of Lamaloloa and an extended archaeological study) - 4 - She added that to date approximately 19.7 million have been used to acquire lands in North Kohala, 10.4 million from the County and the remainder from other funding sources and monies raised by the community which is just about half. She stressed how important it is to have their properties listed on which helps when working with potential funding sources. Mr. Hirakami asked since we have limited funds, and we try to spread it around, which one is the most important. Ms. Withington replied that the quick and easy sale would be Niuli Mr. Hirakami commented that he night when camping at back in 1993 part of the land was re-zoned and the company was required to upgrade the park. The dragging out of that development meant that the County did not upgrade. It became almost unsafe to camp at Kapaa and the parks were adopted. Community groups now take care of the area and there are no more complaints. COUNCIL MEMBER DRU KANUHA Council Member Dru Kanuha spoke in support of Communication No. 13-022, White Sands Mauka. and and is already approved for 120-unit condos but the owner has it listed on the market and is willing to sell. Currently, the mauka-makai connector road is in construction which will connect Kuakini HThis purchase could be used for He also spoke to members of the lineal descendents of the Kipapa ohana who are also in support. He will be writing a resolution soon once the appraisal is completed to determine the appraised value. Due to time sensitivity, he asked if there could possibly be a way to update the PONC list and have this property listed. Mr. Hirakami asked if they located the property where the mauka-makai road is going to be. Mr. road is going to go. This property will be right below the y-pass, which would be go from Kailua to Keauhou. Mr. Hirakami asked if it would be possible to buy this property using CIP funds for the mauka-makai road. Mr. Kanuha replied By-passout 30 acres for sale but they only want to purchase this 10 acres and the road would be north-south. Mr. Grace asked in reference to connecting subdivision, you might want to use existing roads to inter- Heights subdivision is already trying to connect through all the different subdivisions. Instead of constructing the whole By-pass, another option would be to connect smaller portions to get around the numerous cultural and historic sites. Recess: 11:29 a.m. Reconvened: 11:41 a.m. - 5 - CHARLES HOSLEY Mr. Charles Hosley, a real estate broker for a large development but has since been foreclosed by the current owner, Pacific Rim Bank. They have generously reduced their price by 820,000.00 and is asking for 5.3 million for 8.44 acres. This area contains a major heiau, Kauakaikeola and will provide a large area for park space if acquired by the County. -sufficient budget to acquire both, parcel 24 can be purchased for 1.6 million and parcel 34 can be purchased for 3.7 million. Ms. Nicholson asked for clarification of where the properties are located. Mr. Hosley replied that the Royal Sea Cliff Condominiums are on the north side and the Casa de Emdeko Condominiums on the -Kona and four miles north of Keauhou Bay. COUNCIL MEMBER MARGARET WILLE Council Member Margaret Wille thanked the Commission for all they do and did not rally for one particular parcel she feels they all are important. She emphasized that the Council is there to help the Commission in regards to looking into additional funding sources, rallying the communities and increasing public awareness of the Commission process. APPROVAL OF MINUTES Ms. Nicholson asked the commissioners to review the minutes. Motion: Commissioner Matsumura moved to approve the minutes of May 13, 2013. Seconded by Commissioner Grace; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 13-014: Suggestion Form received on May 6, 2013 from Kathy Frost, re: -3-009 Communication No. 13-015: Suggestion Form received on May 20, 2013 from Oshi Simsarian, Barbara Bell, Rene Siracusa, Chris Biltoft, Mary Fleming, Kirk Flanders, re: Vacationland Land Trust/Hara Property, TMK: (3) 1-4-002:022 & 51 Communication No. 13-016: Suggestion Form received on June 19, 2013 from Syd Kraul, re: -3-009 Communication No. 13-017: Suggestion Form received on June 21, 2013 from Toni Withington, re: -7-002:003 & 11, 5-7-003:001, 002, 003, 007, 008, 010 & 018 Communication No. 13-018: Suggestion Form received on June 21, 2013 from Toni Withington, re: Kukuipahu- Communication No. 13-019: Suggestion Form received on June 21, 2013 from Toni Withington, re: -2-007:004, 5-3-007:022, 023, 026, 028, 032 & 033 - 6 - Communication No. 13-020: Suggestion Form received on June 21, 2013 from Toni Withington, re: Keawenui Easement, TMK: (3) 5-8-001:009 Communication No. 13-021: Suggestion Form received on June 21, 2013 from Toni Withington, re: -2-001:020 & 025 Communication No. 13-022: Suggestion Form received on June 26, 2013 from Bud Norwood RB, Coldwell Banker Maryl Realty, re: White Sands Mauka, TMK: (3) 7-7-008:021 & 023 Communication No. 13-023: Suggestion Form received on June 27, 2013 from Charles F. Hosley dba -5-020:024, 028 & 034 Communication No. 13-024: Suggestion Form received on June 28, 2013 from Toni Withington, re: Lamaloloa, TMK: (3) 5-7-001:020 Communication No. 13-025: Suggestion Form received on June 28, 2013 from Janet Britt, Hawaiian Islands Land Trust, re: HCC Farms, LLC, TMK: (3) 8-2-011:002 & 023 Communication No. 13-026: Suggestion Form received on June 28, 2013 from Janet Britt, Hawaiian Islands Land Trust, re: Grassman Macadamia Nut Farm, TMK: (3) 9-4-005:008 Communication No. 13-027: Suggestion Form received on June 28, 2013 from Forrest Arnold c/o Sustainable Actions, re: -5-015:042 Ms. Nicholson noted that additional testimonies were received prior to this meeting and will be listed on the agenda under written communication for the next meeting. Ms. Nicholson asked for a motion to accept and file Communication Nos. 13-014 13-027. Motion: Vice-Chair Hirakami moved to accept and file Communication Nos. 13-014 13-027. Seconded by Commissioner Grace; all members voted aye, motion carried. DEPARTMENT OF FINANCE th Mr. Van Bergen reported that we closed escrow for Kaiholena South on June 28 for approximately 76 acres and the Kohala community group is working on acquisition of the final sixth parcel which should be completed soon. Currently there are three properties that the County is working on. The first is Pohoiki. There is a willing seller and buyer but there are still violations on the property keeping us from moving forward. In order for the County to acquire this land subdivision approval must be obtained since we are only purchasing a portion of the 35-acre parcel. parcel 22 at this time. This property abuts Kohanaiki Shores, a new shoreline park that was dedicated to the County recently and if purchased will extend along the shoreline to NELHA. Lastly, an appraisal was also ordered for White Sands Mauka which abuts six acres of what was already purchased as the Kingmanparcels now known as Kipapa Park. He is asking the Commission - 7 - to send in an early prioritized list to the Mayor to list this parcel as #1 and later amending the list by already been approved for 120 units in an ideal location for development and since the property went into foreclosure the bank can un-load it at any time. The landowner is asking for 2.7 million and if the appraisal comes in for the right price there will still be enough money left in the fund to acquire Pohoiki. Mr. Hirakami asked if the sellers are also the ones proposing development. Mr. Van Bergen replied that the owner is the bank; the previous owners had this property re-zoned and approved for 120 units. Mr. Van Bergen added that both appraisals should be completed by next week. Lunch: 12:10 p.m. Reconvened: 12:36 p.m. Ms. Self had nothing to report. CHAIRPERSO Ms. Nicholson had nothing to report. NEW BUSINESS Commission to discuss the evaluation process when reviewing suggestion forms submitted by the public Commission to discuss, review and assess Suggestion Forms submitted by the public for 2013 (the commissioners went into discussion) on the already approved by Council. Seconded by Commissioner Grace; all members voted aye, motion carried. (the commissioners continued their discussion) Ms. Nicholson told the commissioners that they need to complete their assessment for each suggestion th form and submit to Ms. Kelepolo their raw scores by August 30. Commission to discuss and possibly develop criteria on submitting a letter to the Mayor to amend the Prioritized List immediately to add and rank White Sands Mauka, TMK: (3) 7-7-008:021 & 023 as #1 (the commissioners went into discussion ) - 8 - Ms. Self suggested that everything they do should be consistent and not just for a certain situation. As long as the process is in place, there should always be a reason for the things they do as a Commission. Mr. Hirakami added that when you set a precedent and question their intention. He does not want this to harm the Commission in the future years. Ms. Nicholson noted that they will have this listed on the agenda for the next meeting to send a prioritized list to the Mayor addressing this particular proposal. Motion: Commissioner Matsumura moved to take no action on this item and leave the property to be evaluated with everything else. Seconded by Vice-Chair Hirakami; all members voted aye, motion carried. ANNOUNCEMENTS The next meeting is scheduled for Monday, September 9, 2013, 10:00 a.m. in the Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona ADJOURNMENT Chair Nicholson adjourned the meeting at 2:18 p.m. Respectfully submitted, Alexandra Kelepolo Property Management Technician - 9 -