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HomeMy WebLinkAbout2014-01-13 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 13, 2014 County Building Puna Conference Room 25 Aupuni Street, Suite #1501 Hilo, i 96720 Present: Chair Enock Freire Commissioner Debbie Hecht Commissioner Steven Hirakami Commissioner Timothy DeLozier Commissioner Searle Grace Commissioner Wilma Matsumura Commissioner Marilyn Nicholson Absent: Vice-Chair Gail Byrne Baber Others Present: Bill Brilhante, Deputy Corporation Counsel ( left @ 11:06 a.m.; returned @ 11:14 a.m.) Ken Van Bergen, Property Manager, Finance (left @ 11:06 a.m.) Alexandra Kelepolo, Property Management Technician, Finance CALL TO ORDER The meeting was called to order by Chair Enock Freire at 10:07 a.m. POWERPOINT PRESENTATION BY CHEYENNE PERRY, COORDINATOR, MAUNA KEA WATERSHED ALLIANCE (MKWA) ON WATERSHED PARTNERSHIPS AND THE MKWA Mr. Cheyenne Perry introduced himself on behalf of the MKWA Association of Watershed Partnerships. acres. They are a voluntary alliance operating under an MOU along with State, Federal and private partners. Their main goal is on the ground watershed projects, watershed management to perpetuate native forests, conservation and ecosystem services. They plant on Mauna Kea between 6000-8000 feet during the months of February through May. He talked about the various partnerships that they have with the land holding partners in the MKWA area (i.e. Dept. of Land and Natural Resources, Kamehameha Schools, Dept. of Hawaiian Home Lands, the Hakalau Forest National Wildlife Refuge and Kukaiau Ranch). He also mentioned their affiliate partners, The Nature Conservancy, Pacific Islands Fish and Wildlife office and the Institute of Pacific Island Forestry, who provide other in-kind services. Mr. Brilhante asked if MKWA is part of the game management as well. Mr. Perry replied that they are - 1 - which is the source of the mud that created all life. He talked about how they continue the connection with their natural environment so that it takes care of them. Since the weather is always changing, . Through education, children are taught about the legend of Poliahu and the Wao akua which is the area below the mist. Traditional relationships continue worship for native practitioners. He spoke of the impact of post- logging, sandalwood extraction and the shift from subsistence to commercial economy. A recent survey was done and there were less than 200 sandalwood found. Their goal is to work off the MKWA Action Plan which includes the Mauna Kea Forest Reserve fence, Mauna Kea Forest Restoration Project, Kanakaleonui Bird Corridor and other various restoration projects in the South and North Hilo area. Also through the Rain Follows the Forest Initiative, the State wants to double the amount of managed areas for watershed. Ms. Matsumura asked if protecting the watershed area, where is the water being harvested. Mr. Perry replied that it would be from the Dept. of Water Supply for most of the areas. To protect the priority areas they were looking for intact native forests because they are more affordable to manage versus restoration projects. Ms. Matsumura commented that the areas above Hilo are not true watersheds. Mr. Perry said that most of the area above Hilo is forest reserve and is managed by the State. They are also looking into doing projects for Hilo -offs like the to make it easier to build reservoirs underwater. Mr. Perry replied that native Hawaiian forests are designed to slow the water down; the trade-winds bring the moisture from the ocean into the forest which acts like a sponge and holds the water. This year the MKWA is continuing to help the State on the Mauna Kea Forest Reserve fencing project by doing inspections and maintenance and also continuing to manage the gorse populations in the Kukaiau Ranch area. The 1,100 acre Laupahoehoe area owned by DHHL is their priority and they are looking at quantity and quality of the water and the long-term benefits of having a native forest. In regards to access, they are working with the State to provide better access on the mauka side in the Laupahoehoe area by creating trails to the Mana Road. Mr. Hirakami asked how can PONC help his program. Mr. Perry replied that he just wanted to educate them about the MKWA and if they were interested in participating to let him know. Ms. Hecht told Mr. Perry that if he knows any property owners that are going to sell their land that should be preserved for parks, this Commission could be a resource. Maybe these lands could be preserved by leases to protect the watershed and forests. Mr. Hirakami noted especially for access. Mr. Perry commented that for access it is very important, you need to have that connection. - 2 - Ms. Hecht added that the 2% monies can be used to purchase properties for watershed, its stipulated in the charter and once purchased, monies in the maintenance fund can be used for management. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Mr. Freire asked the commissioners to review the minutes. Ms. Hecht questioned on page 5 regarding a statement made by Mr. Van Bergen which seemed incomplete Mr. Van Bergen replied that the covenants were incorporated into the newly acquired deed for Kaiholena South and we have to go through the process of re-recording deeds back to the County for properties that were purchased prior to the passage of the resolution She asked if there was any discussion on when that will be done. Mr. Van Bergen replied no. Ms. Hecht then asked about a statement on Page 5 made by Ms. Byrne Baber Mr. Van Ms. Hecht asked Mr. Van Bergen what he meant by his statement saying that the County has 30 days st st 1 Brilhante also agreed. Motion: Commissioner Matsumura moved to approve the minutes of November 12, 2013. Seconded by Commissioner Nicholson; all members voted aye, motion carried. DEPARTMENT OF FINANCE Mr. Van Bergen reported that the County st which enabled the County to get a well negotiated price. The County is continuing to work on Pohoiki as we are making headway with the subdivision process; the application has been submitted to the Planning Dept. He will also be attending the DLNR meeting th on January 24 regarding the CDUA for the subdivision/violation and hopefully will get some direction where we go from there. Mr. Hirakami noted that the fund balance is down to 169,000.00 but Shores, LLC was working with the present owner to keep the beach clean and when they have enough time to make that deadline. Part of the negotiation with the owner was a quick closing, they were initially asking for 12 million but he was able to negotiate the price down to 6.2 million, in -win for everyone involved. - 3 - Ms. Nicholson asked for clarification of the Kahuku property regarding the pending grants and their deadlines. Mr. Van Bergen replied that there is a window of time for both the State and Federal grants and if we needed more time we could request for an extension. He added that we are in the process of ordering a yellow-book appraisal which is required by the Federal grant to determine the valuation. Ms. Hecht asked about a report on the maintenance fund. Mr. Van Bergen replied that the financials are attached to the minutes. He added that P&R administers the fund; we only manage the money in the fund. Ms. Hecht asked Mr. Van Bergen if he was involved in the hiring for the Kipapa burial plan. Mr. Van Bergen replied that he did for that one since it was an extension of an agreement we had in acquisition but the contact person now is Mr. Reed Flickinger Mr. Brilhante the recording of all the deeds to incorporate the language as required by the Charter. Mr. Van Bergen replied that Corporation Counsel Craig Masuda will be doing this but done. Mr. Freire had nothing to report. NEW BUSINESS Commission to discuss scheduling of 2014 public regional meetings Mr. Freire asked if there are any comments. Ms. Hecht noted that she wrote a process for the public Mr. Freire asked the commissioners for any ideas individually on what they can do. public. Mr. Grace added that he attended an open house with past commissioner Sarah Moon in Hilo and some members of the public attended and they were able to answer questions and provide information. Ms. Kelepolo told them that she would e-mail the information for the CDP meetings around the island and they can decide who will attend. Mr. Freire commented that he usually attends the various Rotar he can also Ms. Hecht commented that she talked to members of the Kona CDP and was surprised that there has even know about the fund. She added that even if a property is acquired with just a portion of the 2% Fund, the Maintenance Fund could be used. - 4 - could help to get the word out to the public and also highlight the work of the commissioners. Also when acquisitions are completed the Chair should be recognized and even possibly make a statement to the media regarding the purchase. Ms. Hecht asked Mr. Brilhante if a property is purchased with just a small percentage of the 2% Fund would community groups still have access to the Maintenance Fund. Mr. Brilhante asked if there are o, most of the purchases are acquired with at least half of the 2% Fund. Mr. Brilhante noted that he will have to check on this. Mr. Hirakami commented that this will be a work in progress, right now we have a handful of properties but in 5-10 years there will be more land to manage and more community groups will be noted that the rules are being done right now. Ms. Hecht asked if the application is done. Mr. Brilhante replied that P&R Ms. Hecht will attend the Kona CDP and Ms. Matsumura will attend a meeting in the Hilo area. Commission to discuss scheduling of 2014 public regional meetings Mr. Freire summarized their meetings for the year and talked about what items will be discussed. In the January and March meetings they will be drafting their press release and working on public outreach by attending the various CDP meetings. They will also be reviewing the suggestion form and flyer if they would like to make any changes. By the July meeting, they will review suggestion forms submitted by the public. In September they will draft the annual report and finalize in November in final form after review. Ms. Nicholson suggested that at the May meeting they ask Mr. Honma to update the Commission regarding the maintenance fund and implementation of the stewardship grants. Mr. Hirakami noted that one of the activities that have been missing is site visits because of the sunshine law. He asked Mr. Brilhante if it would be possible to construct a non-meeting site visit to some proposed and/or recently acquired properties. He added that it would be good for them to actually see the properties maybe even with cultural experts. Mr. Brilhante replied that they would need to create an investigative committee within the Commission of up to four for a specific purpose that can go outside of the purvue of the sunshine law; however there cannot be any discussion and they have to make a report at the next meeting. Ms. Nicholson asked what if the person nominating the property offers an opportunity for anyone to attend a site visit. Mr. Brilhante replied that no more than two commissioners can be present. Mr. Brilhante commented that he represents the County at the LUC, a State entity and they go out and do site visits and still stick within the parameters of the sunshine law. Ms. Matsumura noted that properties the LUC are going to, the landowner wants LUC to act favorably towards them. However; in regards to the Commission, sometimes the landowner does not want to have their property on the list. Mr. Brilhante added that the process needs to be kept fair for each applicant. - 5 - Mr. DeLozier commented that he would support the creation of an investigative committee. Mr. Brilhante told him that this item will have to be agendized for a specific item. Ms. Hecht said that it would be good to have this item listed on the July agenda to decide whether or not to conduct site visits. Ms. Nicholson noted that they should revise the suggestion form to include wording to facilitate a site visit. Mr. Brilhante suggested that in the revision to the form it should also ask them if they have the authority to authorize the Commission to conduct a site visit. Mr. Brilhante suggested that they have these items put on the agenda for the next meeting regarding revision of the suggestion form and discussion on potential site visits. Commission to discuss and draft press release for the solicitation of suggestion forms (the commissioners reviewed the press release and went into discussion) Ms. Hecht will work on the draft press release and e-mail to Ms. Kelepolo who will send it out to the commissioners. ANNOUNCEMENTS Ms. Hecht asked about getting an update on the maintenance fund and wants to know if an application upsetting that these community groups work so hard to go through their process they should be helped if possible. Ms. Matsumura commented that the Commission is not responsible and told Ms. Hecht that she should just refer the public to P&R. Mr. Brilhante told them that the Commission needs to decide when to have this discussion with P&R listed on the agenda. Mr. Hirakami suggested that Mr. Brilhante check with P&R to see how far along their process is and update the Commission at the next meeting. In May, Mr. Honma will be invited to the Commission meeting to further update them on the status of the stewardship grant applications. The next meeting is scheduled for Monday, March 10, 2014, 10:00 a.m. in Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-K 96740. ADJOURNMENT Motion: Commissioner Hirakami moved to adjourn the meeting. Seconded by Commissioner Grace; all members voted aye, motion carried. Meeting adjourned at 11:48 a.m. Respectfully submitted, Alexandra Kelepolo Property Management Technician - 6 -