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HomeMy WebLinkAbout2013-09-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION MINUTES-REGULAR SESSION September 9, 2013 Building G Conference Room 74-5044 Ane Keohokalole Highway Kailua- Present: Chair Marilyn Nicholson Vice-Chair Steven Hirakami Commissioner Gail Byrne Baber Commissioner Timothy DeLozier Commissioner Searle Grace Commissioner Debbie Hecht Commissioner Wilma Matsumura Absent: Commissioner Enock Freire Bill Brilhante, Deputy Corporation Counsel Others Present: Ken Van Bergen, Property Manager, Finance (left @ 11:09 a.m.; returned @ 11:44 a.m.) Alexandra Kelepolo, Property Management Technician, Finance CALL TO ORDER The meeting was called to order by Chair Marilyn Nicholson at 10:03 a.m. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS CHARLES HOSLEY one of the largest un- developed parcels could be used to educa property and cultural history in the area. He noted that there are two main parcels available but if for budgetary reasons there is not enough money to acquire the entire site the parcel with the heiau should resolution for this property. Ms. Kelepolo added that this resolution was only for preservation purposes. Mr. Van Bergen asked what the value is or estimated price for these parcels. Ms. Nicholson noted that the 3 acre parcel is 1.6 million and the 5 acre parcel is 3.7 mil correct, it would be 5.3 million for both. - 1 - Ms. Hecht asked if the bank would entertain an offer on just one parcel. Mr. Hosley replied yes, they would. The south 3 acre parcel has a road constructed into it and has been bulldozed and the north 5 acre parcel which is bigger and more expensive includes the heiau. -10 for both which would allow large home sites but not condominiums. Mr. Hirakami asked why is there information for three parcels on the submittal (24, 28 & 34) but on the map it only shows 24 & 34. Mr. Hosley said that parcel 28 is an insignificantly small kuleana parcel that sits in the middle of the south parcel and would be included as part of that purchase. JANICE PALMA-GLENNIE Ms. Janice Palma-Glennie spoke on behalf of the Kona Kai Ea Chapter of the Surfrider Foundation in (She read written testimony dated September 9, 2013 that was submitted to the Commission). (Ms. Palma-Glennie then read written testimony submitted by Diane Ware, Sierra Club Moku Loa Group). She thanked the Commission for their consideration. Ms. Nicholson asked if there is a current resolution for these properties. Ms. Palma-Glennie replied that yes there were two resolutions approved by the County Council and they included both parcels. She added that PONC decided to separate the prioritization of the two parcels last year since the zoning was conservation for the makai parcel and industrial for the other. The community has always petitioned for acquisition of both for many reasons, and getting into negotiations with the seller is so critical for the community. Palma-Glennie replied that there are no other funding sources at this time. Ms. Matsumura commented - Glennie replied that the landowner is willing to sell however they are asking 24 million which is high and unrealistic so the sale price would need to be negotiated. Ms. Hecht commented that the success of the North Kohala purchases was because of the matching funds obtained to leverage monies in the 2% Fund. Ms. Palma-Glennie replied that they were advised that they needed to wait until the assessment was completed and if the landowner was willing to budge on the selling cost. Mr. Van Bergen stated that the County has only obtained matching funds from the State Legacy Land Conservation Program (LLCP) and U.S. Fish and Wildlife, Recovery Land Acquisition Program. Ms. Byrne Baber commented that she is happy to share some strategies and information along with Ms. Janet Britt of the Hawaiian Islands Land Trust. Mr. Hirakami asked how things are working out or not with the new Kohanaiki Park. Ms. Palma- Glennie replied that she has a different perspective on this and there are a lot of things to iron out. There is not enough space there since much was lost which makes it more imperative to acquire Mr. Hirakami asked if the access is still open from NELHA along the coast. Ms. Palma-Glennie replied that to the best of her knowledge it is, there is still a jeep trail that you can drive on but there is a gate at the entrance and know what their hours are. Mr. Hirakami asked if there is a paved access to Pine Trees. Ms. Palma-Glennie replied that there is one to the surfing bay but you can - 2 - no longer park on the beach, there is a narrow cement strip where you can park since the jeep trail on the Kohanaiki side has been closed to vehicular access. -Glennie replied that that Kohanaiki Shores Park ends right at the gate, if you go in the new road past the golf course, open the same hours from 5:00 a.m. to 9:00 p.m. He noted that people are camping in there right now, is there an agreement with the owner. Ms. Palma- v at capacity. She also heard that security is only coming down about twice a week and there are many issues that need to be addressed as an unmanaged parcel of land. COUNCIL MEMBER KAREN EOFF ed during her term. She talked about how two resolutions were already passed for the acquisition which also ranked it #1 and the Mayor did say that once the property becomes #1 he would make it his priority too. To follow-up to an earlier question, since Kohanaiki Park has been opened, the reason the number of campers at night is very limited is due to the number of bathroom/shower facilities available. Currently it is limited to 80 per night, five days a week and within the next few months camping reservations will be available on- security is also trying to manage this area. Lots of positive things are happening and thanked Mr. Van Bergen for going through with the appraisal process. Ms. Hecht asked if the appraised value could be disclosed. Mr. Van Bergen replied that parcel 4 appraised for 8.2 million and we are not moving forward with parcel 22 at this time. Ms. Hecht asked if they are going to pursue matching funds. Ms. owner and consultant to see if they can come to an agreement on the price and then pursue matching funds. Ms. Hecht added that there are funds available from NOAA, LLCP and FEMA for flood-prone properties as an option. Ms. Eoff asked who would initiate the grant application process, the County or the Commission. Mr. Van Bergen replied that it would come through the County but the more help she or the community can assist with the better the chances of the County submitting an application. APPROVAL OF MINUTES Motion: Commissioner Hecht moved to approve the minutes of July 8, 2013. Seconded by Commissioner Grace; all members voted aye, motion carried. WRITTEN COMMUNICATION Communication No. 13-028: E-Mail dated July 6, 2013 from Karen Eoff, re: Attached testimony - 3 - Communication No. 13-029: E-Mail dated July 6, 2013 from Karen Eoff, re: Attached testimony dated July 8, 2013 from Ohana with 2% Land Fund Communication No. 13-030: E-Mail dated July 7, 2013 from Jennifer Snyder, re: Request to keep -2014 Communication No. 13-031: E-Mail dated July 7, 2013 from Dorothy and Jim Bowers, re: Support for the acquisition of Vacationland Land Trust/Hara Family property Communication No. 13-032: E-Mail dated July 7, 2013 from Tlaloc Tokuda, re: Assist the community Communication No. 13-033: E-Mail dated July 7, 2013 from Shannon Rudolph, re: Request to keep Communication No. 13-034: E-Mail dated July 7, 2013 from Clare Loprinzi, re: Request to keep oma at #1 on the PONC acquisition list for 2013-2014 Communication No. 13-035: E-Mail dated July 7, 2013 from Chama Cascade, re: Request to keep -2014 Communication No. 13-036: E-Mail dated July 7, 2013 from Eva Hillman, re: Request to acquire Communication No. 13-037: E-Mail dated July 7, 2013 from Mary Jo Lake, re: Request to keep Communication No. 13-038: E-Mail dated July 7, 2013 from Phyllis Hanson, re: Request to keep Communication No. 13-039: E-Mail dated July 7, 2013 from Cheryl King, re: Request to retain Communication No. 13-040: E-Mail dated July 7, 2013 from Donna Worden, re: Request to keep Communication No. 13-041: E-Mail dated July 7, 2013 from Janice Palma-Glennie, re: Attached testimony dated July 6, 2013 from Surfrider Foundation, Kona Kai Ea Chapter, re: Acquisition of Communication No. 13-042: Suggestion Form received on July 8, 2013 from Nelson Ho, Moku Loa -7-008:002, 033 & 034 Communication No. 13-043: E-Mail dated July 8, 2013 from Winfield P. Chang, re: Request that Communication No. 13-044: E-Mail dated July 8, 2013 from Rowena Vaca, re: Request to keep ma at #1 on the PONC acquisition list for 2013-2014 - 4 - Communication No. 13-045: E-Mail dated July 8, 2013 from James Sogi, re: Request to keep -2014 Ms. Nicholson asked for a motion to accept and file Communication Nos. 13-028 13-045. Mr. DeLozier asked for clarification of Communication No. 13-042, which looks like a new submission received after the dead-line. Ms. Kelepolo noted that this submission will be considered next year. Motion: Commissioner Hecht moved to file Communication Nos. 13-028 13-045. Seconded by Commissioner DeLozier; all members voted aye, motion carried. DEPARTMENT OF FINANCE Mr. Van Bergen reported that the appraised value is 8.2 million and 2.5 million for White Sands Mauka, parcels 21 and 23 which is adjacent to Kipapa Park. Since the County can consider a conservation easement which would cost less. The burial plan for Kipapa Park should be completed soon and based on discussions between the Mayor and Parks & Recreation (P&R) they are looking into improving this park to provide more open space. The acquisition of Pohoiki is progressing as the surveyor has been approved to complete the survey awaiting vendor compliance and the owner has already signed the subdivision application to submit to Planning Department. Once the subdivision is approved the State will assist the County in curing the pending violations with the State, Office of Conservation and Coastal Lands. Ms. Hecht asked what is the appraised value. Mr. Van Bergen replied that there were two appraisals and the negotiated price was approved and determined to be 1.515 million. Ms. before. Mr. Van Bergen replied that any pre-acquisition costs for properties will come out of the PONC Fund and post acquisition costs will come out of the PONC Maintenance Fund. Mr. Hirakami asked why is the most recent deposit to the PONC Fund so low. Mr. Van Bergen replied that property taxes are collected August and February so the deposits in March and September will be larger and the other two deposits will always be smaller. Ms. Byrne Baber asked about the Maintenance Fund and is there a process for the community to access the funds. Mr. Van Bergen replied that if P&R chooses to solicit for vendors they will advertise by st August 1 and collect proposals. Ms. Byrne Baber questioned if the community would have a say. Mr. Van Bergen replied that yes the community would have a say and he envisions that P&R will involve the community more since there are plans in the works for Kipapa Park and . Ms. Hecht commented that the intent was to empower the community groups to take more of a role in maintaining and managing properties purchased with the 2% Fund to assist the County. st Mr. Van Bergen stated that the way the Charter reads the County must advertise by August 1 for community proposals but there is a caveat there stating that if the County chooses they can use the monies for in-house projects relating to management of the PONC properties. Ms. Hecht asked if there is a legal ruling, did Lincoln Ashida look at it, who wrote it. Mr. Van Bergen replied - 5 - Honma, Darren Takiue and James Komata. Ms. Nicholson suggested that this discussion be put on the agenda for January and request that a representative from P&R attend so that they can address the Commission and community on how the maintenance funds can be accessed and the process to apply. Ms. Hecht noted to use monies from the PONC Maintenance Fund. She requested for further information from Corporation Counsel. Mr. Van Bergen suggested that she put the request through him and he will send it to Corporation Counsel for a response. Mr. Brilhante was not in attendance, therefore no report was given. Ms. Nicholson clarified that after they rank all the properties today she will send a letter to the Mayor with a preliminary list of the prioritized properties. NEW BUSINESS Commissioner Debbie Hecht to discuss with the Commission urging them to talk to their Community Development Plan (CDP) Committees in their respective districts regarding the Commission and its process (Ms. Hecht provided a write-up to the Commission) better than anybody on what properties are important for parks, etc. and wondered why there was no submissions to acquire lands for open space. She talked to the Kona CDP Steering Committee and and urged the commissioners to talk to their respective for open space. Ms. Kelepolo will forward the word version of what Ms. Hecht provided to the commissioners for their Commission to discuss, assess and review evaluation scores from the Suggestion Forms submitted by the public and discuss the ranking for the 2013 Prioritized List (the commissioners went into discussion regarding assessing and review of the evaluation scores from the Suggestion Forms submitted by the public) Lunch: 12:02 p.m. Reconvened: 12:35 p.m. (the commissioners continued their discussion) Ms. Nicholson read the properties as ranked for the 2013 Prioritized List: #1 - Vacationland Land Trust/Hara Property #2 - Niulii - 6 - #3 - #4 - #5 - #6 - #7 - Lamaloloa #8 - #9 - Kukuipahu- #10 - White Sands Mauka #11 - Keawenui Easement #12 - HCC Farms, LLC (Conservation Easement) #13 - Lands adjacent to Ahalanui Park and the Hot Pond #14 - Grassman Macadamia Nut Farm (Conservation Easement) #15 - Manini Beach Park Project Motion: Commissioner Hecht moved to include all properties submitted in the 2013 Prioritized List. Seconded by Commissioner Grace. (the commissioners continued their discussion) Chair Nicholson, Commissioner Byrne Baber, Commissioner Hecht, Commissioner Grace and Commissioner Matsumura voted aye. Vice-Chair Hirakami and Commissioner DeLozier voted no. Motion carried. Commission to discuss the drafting of the 2013 Annual Report to the Mayor (the commissioners went into discussion regarding assignment of write-ups for the annual report) Ms. Hecht will draft a write-up to incorporate into the annual report. (the commissioners continued their discussion) Ms. Nicholson assigned write-ups to the commissioners and told them their deadline to submit to Ms. st Kelepolo is by Friday, November 1. ANNOUNCEMENTS The next meeting is scheduled for Monday, November 18, 2013, 10:00 a.m. in to be determined) ADJOURNMENT Ms. Nicholson adjourned the meeting at 1:29 p.m. Respectfully submitted, Alexandra Kelepolo Property Management Technician - 7 -