HomeMy WebLinkAbout2010 Report to the County Council and Mayor COUNTY OF KAUAI
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES
PRESERVATION FUND COMMISSION
2010 REPORT
TO THE KAUAI COUNTY COUNCIL
AND MAYOR BERNARD CARVALHO, JR.
INCLUDING RECOMMENDATIONS FOR PRIORITY PROJECTS TO BE
CONSIDERED FOR FUNDING
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December 29, 2010
COUNTY OF KAUAI
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES
PRESERVATION FUND COMMISSION
2010 REPORT
TO THE KAUAI COUNTY COUNCIL
AND MAYOR BERNARD CARVALHO, JR.
December 29, 2010
Prepared by:
County of Kauai
Public Access, Open Space & Natural Resources
Preservation Fund Commission
Theresita Kinnaman, Chair
Johanna Ventura, Vice Chair
Jean Nishida Souza
Eugene Punzal
Linda Dela Cruz
Maurice Nakahara
VACANCIES:
Lru`e/Hanama`ulu — Mayoral appointee
Anahola/Ha`ena — County Council appointee
At Large — Commission appointee
Administrative Support:
Planning Department Staff
TABLE OF CONTENTS
Executive Summary.........................................................1
1. Program Background...................................................3
1A. 2002 Charter Amendment & the Open Space Fund
1 B. Ordinance 812 & the Open Space Commission
1 C. Historical Perspective
2. Commission Recommendations...................................5
2A. Recommendations for Acquisition Utilizing the
Open Space Fund
3. 2010 Public Input Process............................................8
3A. Public Input Opportunities
3B. Summary of Public Input from 2010 Survey
4. 2010 Year in Review....................................................10
4A. Acquisition Completed for Black Pot Beach Park Expansion
4B. Unresolved Public Access Issues
4C. Amendment to Ordinance 812
4D. Commission Vacancies
5. Conclusions...............................................................12
Appendices
A. Charter Amendment
B. Ordinance 812
C. Abstracts for each Acquisition Recommendation
D. Island Map indicating all Acquisition Recommendations
E. Prior Year's Priority Recommendations
F. North Shore — `Aliomanu to Princeville Field Trip Report
G. 2010 Survey Questionnaire
H. List of Sites Suggested in 2010 Public Survey
Executive Summary
Program Background
The Public Access, Open Space, and Natural Resources Preservation Fund (the
Fund), was established in 2002 by County Charter Amendment. The fund receives a
minimum of one-half of one percent (0.5%) of Kauai's annual certified real property
taxes. The fund accumulates and can neither lapse nor be utilized for other purposes.
No more than five percent (5%) of the fund may be used for administrative purposes.
Purposes for which the fund can be used are outlined in the Charter Amendment found
in the Appendices.
Status of the Fund
The fund's balance for Fiscal Year 2010-2011 is $1,162,000.
Commission Recommendations
The Open Space Commission recommends the acquisition of the fee interest or other
property rights for the following property, utilizing the Open Space Fund. The
properties, listed geographically clockwise around Kauai and not in priority order, are:
❑ Kaneiolouma Heiau Complex Preservation Area Expansion (South), also known
as Nukumoi [sic] Surf Shop Property (Koloa District)
❑ Po`ipu Beach Park Expansion (West) at 2179 Hoone Road (Koloa District)
❑ Access to Kukui`ula Bay through Former Hoban Property (Koloa District)
Proposed Piwai (Oma'o) Recreation Area (Koloa District)
❑ Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen (Koloa
District)
❑ Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
2010 Public Input Process
The Commission conducted a survey of Kauai residents for suggestions on properties
for acquisition. Various means, both new and standard were used to increase
awareness of and participation in the public input process. The Commission also
conducted a field trip of the north shore from `Aliomanu to Princeville.
One hundred fifty-seven responses were received through the survey process, with
forty-five places on Kauai suggested.
2010 Year in Review
The Commission celebrates the acquisition of the Hodge property along Hanalei Bay
for the expansion of the County's Black Pot Beach Park. This acquisition is significant
as it is the first to be financially supported by the Open Space Fund. This project is
also a model example in showing how the efforts and funds from many different
sources can be coordinated to complete a project that no single agency or program
could afford to do alone.
The unresolved public access issues of the Commission's 2005 report remains on the
forefront of the Commission's concern. The Commission looks forward to reviewing a
Planning Department report to be submitted separately to County Council.
Over the years, it has become clear that the intent of Ordinance 812 and the actual
scope of the commission's duties are in conflict, leading to unfulfilled expectations and
frustration. The Commission this past year worked on an amendment to Ordinance
812. The bill aims to better align the authority provided by the Ordinance with the
expectations of the Commission, County Council, County Administration and the
people of Kauai.
Unfulfilled vacancies on the commission continue to be a major impediment. There
are currently four vacancies.
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1 . Program Background
1.A. 2002 Charter Amendment and the Open Space Fund
On November 5, 2002, Kauai voters passed an amendment to the Kauai County
Charter creating the Public Access, Open Space, and Natural Resources Preservation
Fund (the Fund). The amendment specified that the Fund would receive a minimum of
one-half of one percent (0.5%) of Kauai's certified real property taxes each year for
purchasing or otherwise acquiring lands or property entitlements in the County of
Kauai. The charter amendment also stipulated that any balance remaining in the fund
at the end of the fiscal year "shall not lapse, but shall remain in the fund, accumulating
from year to year." The amendment also directed the County Council to "by ordinance
establish procedures for the administration and priorities for the expenditure of
moneys" in the Fund.
Purposes, for which the fund can be used, as well as the full scope of the fund, are
outlined in the Charter Amendment, a copy of which can be found in the Appendices.
Status of the Fund. The fund's balance for Fiscal Year 2010-2011 is $1,162,000.
1.13. Ordinance 812 and the Open Space Commission
On December 8, 2003, the Kauai County Council fulfilled its obligation under the
Charter to define the procedures for administering and spending moneys in the fund by
passing Ordinance 8121, which is included in the Appendices. This ordinance
established a "fund advisory commission" known as the Public Access, Open Space,
and Natural Resources Preservation Fund Commission to solicit public input and work
with the Planning Department to develop an annual list of priority projects to be
considered for funding.
The Commission, more commonly known as the "Open Space Commission," was
officially formed in September, 2004. It is made up of four Mayor-appointed members,
four Council-appointed members, and one member appointed by the eight
commissioners. Five of the nine commissioners represent specific geographic areas
of Kauai (Waimea-Kekaha, Hanapepe-`Ele`ele, Koloa-Po`ipu-Kal5heo, Llhu`e-
Hanama`ulu, Kapa`a-Wailua and Anahola-HA'ena, and four serve "at large."
1.C. Historical Perspective
The recommendations of the Commission are formulated and submitted annually to
Ordinance 812 was signed into law by Mayor Bryan J. Baptiste on December 15, 2003
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County Council & Mayor between 2005 through the present. These recommendations
resulted from:
• Many hours of meetings,
• Regional field trips,
• Discussions with members of the public,
• Analysis of data collected from public surveys,
• Study of a wide range of topics relevant to open space preservation and public
access protection, and
• Efforts and cooperation of commissioners, program staff, other Administration
officials and members of the Kauai County Council.
With the commission's annual report, now in its fifth year of recommendations and the
County's success with its first acquisition of Black Pot Beach Park Expansion utilizing
the Open Space Fund, the Commission is now focused on improvements to Ordinance
812 and increased effectiveness.
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2. Recommendations for Acquisition Using the Open Space
Fund
The primary responsibility of the Open Space Commission is to present to the Kauai
County Council and the Kauai Mayor with an annual list of priority projects for
acquisition, using the Open Space Fund.
In addition to the recommendations listed below, the appendices contain
corresponding property abstracts with diagrams/photos of the properties identified in
this Chapter.
The Open Space Commission recommends the acquisition of the fee interest or other
property rights for the following properties, utilizing the Open Space Fund. The
properties, listed geographically clockwise around Kauai and not in priority order, are:
❑ Kaneiolouma Heiau Complex Preservation Area Expansion (South), also known
as Nukumoi [sic] Surf Shop Property Koloa District)
This parcel is part of the culturally significant Kaneiolouma Heiau Complex of
Po`ipu. This privately-owned parcel is adjacent to County-owned land which
encompasses the larger part of the Kaneiolouma Heiau Complex.
This parcel is zoned Open Special Treatment-Cultural (ST-C) and Open Special
Treatment-Public (ST-P) in recognition of its cultural values.
The Open Space Fund can be used to acquire the property interest to allow the
restoration, interpretation, education, and protection of this important cultural
corridor.
❑ Po`ipu Beach Park Expansion (West) at 2179 Hoone Road (Koloa District)
This parcel is the last undeveloped beachfront parcel adjacent to Po`ipu Beach
Park. Po`ipu Beach Park is one of the most important beach parks on Kauai.
In the Po`ipu Beach Resort Area, this is the only county beach park with
lifeguards.
This privately-owned parcel would be part of the expansion of the county's
Po`ipu Beach Park. With the significant growth of the South Shore and the very
limited public beaches, this parcel would be necessary in order to provide
continued growth of open space and public access.
❑ Access to Kukui`ula Bay through former Hoban Property (Koloa District)
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This proposal is to acquire a pedestrian shoreline access over an existing
drainage easement on the former Hoban property. This exciting County of
Kauai drainage easement at this location was traditionally used by local
residents to access the shoreline for gathering rights and outdoor recreation. In
1995, the property owner constructed a wall which blocked any access. This
access would provide the only safe pedestrian transit to the shoreline between
Kukui`ula Harbor and Spouting Horn.
The Open Space Fund could supplement, if necessary, the funds provided by
conditions of Ordinance PM-2004-370 relating to Zoning Designation at
Kukui`ula, Kauai, Section 2.15e (2).
The Commission, at its meeting on May 13, 2010, directed the Open Space
Planner/Planning Department to prepare a dossier to provide the County
Council with additional information on opportunities for implementation of this
project.
❑ Proposed Piwai (Oma'o) Recreation Area (Koloa District)
This property is currently used as a recreational vehicle track (motorcycle, all
terrain vehicle and mountain bike). Non-profit organizations, such as the Kauai
Motorcycle Club (KMXA) and The Garden Island Motorcycle Club (GIMC,
founded in 1946), maintain and sponsor activities in this area. The acquisition
of this land will allow these recreational uses to continue in a safe and
environmentally compatible manner with stewardship opportunities by the non-
profit organizations.
The closure of roadways and prohibition of access to Mauka areas over the
years has significantly affected many Kauai residents in a negative way,
including recreational vehicle track users. The availability of this land for a
recreational vehicle track would help compensate for this loss. It may also
discourage other trails and properties from being used or misused and may
reduce on-trail user conflicts and environmental damage.
While the non-profit organizations have used this property as a recreational
vehicle track for years, the landowner has recently placed the property on the
market for sale, thereby jeopardizing the current use.
The acquisition of this sizeable property is compatible with the commissions
past interest in "Public Hunting Area C" and the upland recreational potentials
Mauka of Kal5heo.
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❑ Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen (Koloa
District)
The shoreline area between Lawa`i Kai and Port Allen is now dominated by
coffee cultivation. Public shoreline access along this long stretch of coastline
has increasingly become more restricted for fishermen and other shoreline
users due to the following reasons:
• The implementation by the landowner of an annual permit application
process,
• Imposition of annual revocable permit fees,
• On-site check-in procedures,
• Restricted vehicular access to traditional fishing spots,
• Imposition of no-entry hours during non-harvesting months, and
• Imposition of a 4-month-long no public entry period during harvesting.
This proposal seeks to restore and expand shoreline accesses for fishermen
and other coastal users from the Halewili Road along a narrow coastal corridor
stretching parallel along the shoreline from Lawa`i Kai to Port Allen.
❑ Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
The culturally significant Hanapepe Salt Pans continue to be threatened by
agricultural runoff and potential contamination. In addition, as the only major
public beach park between Po`ipu and Polihale, Salt Pond Beach Park is heavily
used requiring expansion westward and Mauka.
The termination of Gay and Robinson's sugar operations provides an
opportunity to terminate a State of Hawaii Department of Land and Natural
Resources revocable permit for State-owned lands westward and Mauka of the
Salt Pans and Beach Park and to seek an Executive Order to the County of
Kauai for public recreational and cultural preservation purposes.
The Open Space Fund could fund the necessary subdivision process for the
State-owned properties and the acquisition of the private property interests of a
few of the properties in the Beach Park expansion area.
The Commission, at its meeting on May 12, 2010, directed the Open Space
Planner/Planning Department to prepare a dossier to provide the County
Council with additional information on opportunities for implementation of this
project.
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3. 2010 Public Input Process
The Commission is required to annually solicit public input. This chapter summarizes
the public input opportunities and the 2010 public survey results.
3.A. Public Input Opportunities
The following opportunities for public input occurred in 2010 and helped in the
Commission's deliberations in putting forth its recommendations:
Regular commission meetings. With very few exceptions, the Commission met twice
monthly on the 2nd and 4th Thursdays of the month at duly noticed public meetings in
publicly-accessible meeting rooms in the County's Civic Center Complex in Llhu`e.
3/11/2010 North Shore Field Trip: `Aliomanu to Princeville. The Commission
conducted a field trip encompassing `Aliomanu to Princeville area on March 25, 2010.
The Commission was joined by several members of the public at two of the publicly
noticed stops on its agenda. Public testimony, while not allowed during the field trip,
was accepted at two Commission meetings following the field trip and at each
subsequent commission meeting that the field trip was listed on the commission's
meeting agenda. The Commission completed a field trip report of its observations,
issues identification, and suggestions for resolution. The field trip report is included in
the Appendices.
2010 Public Survey. Each year the Commission looks for ways to improve its
mandate of soliciting public input. This year, efforts included:
• Provision of opportunities for public comment during commission meetings with
a specific agenda item,
• Distribution of a paper survey throughout the island at all public libraries and
neighborhood centers,
• Articles and paid advertising in The Garden Island newspaper featuring the
survey,
• Several radio interviews with OSC program staff on KONG radio promoting
participation in the survey. This was a new strategy to encourage to a wider
range of participation,
• Brief presentations at meetings of established community/neighborhood
associations in the Hanalei, Kilauea, Wailua-Kapa`a and Koloa areas.
Commissioner's and staff offered presentations and paper surveys to
encourage participation,
• Commissioner's appeared on the Mayor's show to promote the 2010 public
survey,
• Online survey through the website (www.kauai.gov/openspacesurvey.com)
available through the Planning Department. The County's Information and
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Technology Department continued to be helpful with preparation and
administration of the online survey,
• The survey period for both paper and online surveys was July 6 through
August 15, 2010.
3.13. Summary of Public Input from 2010 Survey
The Commission received a total of 157 surveys. One hundred fifteen (115)
responses were received via the online survey. Thirty-five (35) paper surveys were
submitted via mail, fax or dropped off at the Planning Department; four (4) were
received in response to The Garden Island newspaper ads. Six (6) members of the
public provided public testimony during commission meetings. The sites addressed by
these individuals were: shoreline access between Lawa`i Kai and Port Allen;
recreational uses at Piwai (Oma'o); and preservation of the Kaneiolouma Heiau
Complex (Po`ipu).
Forty-five places on Kauai were suggested for acquisition (See the Appendices for the
complete list). The most frequently suggested sites were:
• Proposed Piwai (Oma'o) Recreation Area (Koloa District)
The Garden Island Motorcycle Club suggested this site, supported by a petition
with 178 signatures. More information is in Chapter 2.
• Kapaia Swinging Bridge (Lihu`e District)
Hawaii State Register of Historic Places. On August 23, 2008, the Kapaia
Swinging Bridge was placed on the Hawaii State Register of Historic Places by
the Hawaii Historic Places Review Board, confirming the invaluable historical
significance of the bridge. The Mayor and County Council are conducting
ongoing discussions to clarify the status of this property. Mentioned in 26
surveys.
• Secret Beach Three/Kauapea Beach (Hanalei District)
Each year, this beach access has been identified by a significant number of
survey respondents. This access, also of concern to the commission, is
addressed in the County Planning Department report on unresolved public
access issues, submitted separately. Mentioned in 16 surveys.
• Mahaulepu (Koloa District)
This large coastal property north of the Po`ipu resort area has consistently been
suggested over the years by a number of survey respondents. While the open
space and natural and cultural resources values of these properties are
unquestionably high, the challenge lies with the inadequacy of the current Open
Space Fund to purchase properties of this price and size. Mentioned in 19
surveys.
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4. 2010 Year in Review
The Commission has been working on several areas of concern that have remained
unresolved for the last several years. Recent activities by the Planning Department
and the Commission are aimed at resolving these important areas of concern.
Undoubtedly, the support of the County Council and County Administration is important
for resolution.
4A. Acquisition Completed for Black Pot Beach Park Expansion
The Commission celebrates the efforts by many that resulted in the recent acquisition
of the Hodge property along Hanalei Bay for the expansion of the County's Black Pot
Beach Park. The expansion of the popular beach park has been on the commission's
priority list of recommendations to the County Council and the Mayor for the last few
years. This acquisition is significant as it is the first to be funded (in part) by the Open
Space Fund. This project is also significant in showing how funds from many different
sources can be coordinated to implement a project that no single agency or program
could afford to do alone. The cooperation, coordination, persistence, strategizing, and
courage on the part of many people on Kauai and elsewhere to work on the project
towards completion over these many years is inspirational and rewarding. The
Commission looks forward to the implementation of more recommendations in the
months to come.
4B. Unresolved Public Access Issues
From the onset, there has been a high level of public interest and frustration about lost
and unfulfilled promises of public access. Since its first annual report (2005) to the
County Council, the commission has identified a number of unresolved issues related
to specific public accesses on Kauai. Last year, the Planning Department committed
to completing its report on these unresolved issues by the end of calendar year 2010.
The Commission looks forward to reviewing the report when it is submitted separately
by the Planning Department to the County Council.
4C. Amendment to Ordinance 812
Over the years, it has become clear that the intent of Ordinance 812 and the actual
scope of the Commission's duties are in conflict, leading to unfulfilled expectations and
high levels of frustration. Over a several year period, the Commission has worked to
identify changes to Ordinance 812. The Amendments are aimed at better aligning the
authorities provided by the Ordinance with the County Council's intents and
expectations, the County Administration's, the Commission's, and the public's
expectations and needs.
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4D. Commission Vacancies
Between 2009 and all of 2010, the Commission has not convened with a full
complement of commissioners. Expired terms and resignations have led to vacancies,
which require appointments from both the County Council and the Mayor. The
commission's authority to appoint the ninth member, as currently worded in Ordinance
812, prevents the Commission from acting until all 8 commissioners are seated.
Current and anticipated vacancies include the Mayoral appointment for Lihu'e-
HanamNulu, Mayoral appointment for Kapa`a-Wailua, County Council's appointment
for Anahola-H5'ena and the Commission's appointment for at-large.
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5. Conclusions
The long-awaited acquisition of the first property using the Open Space Fund has been
accomplished due to the foresight and hard work of a number of people. It has taken
these many years for the fund, established with one-half of one percent of the annual
certified real property taxes of the County of Kauai, to accumulate beyond two million
dollars. The rate of growth of the fund has been outdistanced by the increase in
property values, particularly coastal property. The vision and fortitude that enabled the
collaborative acquisition of the Hodge property at Hanalei Bay for expansion of the
County's Black Pot Beach Park are an inspiration. The Commission celebrates with
the community on this notable accomplishment.
While the commission's activities of the past year fulfill its official mandates to the
County Council and the County administration, they also lay important groundwork for
improved effectiveness and productivity for the future.
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Appendix A
Charter Amendment
OFFICE OF THE COUNTY CLERK
2402 AMENDMENT
The Charter of the County of Kauai
"Section 19.15. Fund Administration.
A. Deposit of Funds. Money received by officers and employees shall be
deposited promptly to the county's account in depositories authorized by law.
B. Creation of Funds. In addition to the fiends established by this charter,
the mayor, with the approval of the council, may establish other funds when
necessary and when no appropriate class of funds exists. Nothing in this section
shall preclude the council from introducing and adopting other fiends by ordinance.
C. Public Access, Open Space_ Natural Resources Preservation Fund.
(1) In adopting each fiscal year's budget and capital program., the
council shall appropriate a minimum of one-half of one percent of the
certified real property taxi revenues to a fund known as the public access,
open space, natural resources preservation fund. The moneys in this fund
shall be utilized for purchasing or otherwise acquiring lands or property
entitlements for land conservation purposes in the county of Kauai for the
following purposes: public outdoor recreation and education, including
access to beaches and mountains; preservation of historic or culturally
important land areas and sites; protection of significant habitats or
ecosystems, including buffer zones; preserving forests, beaches, coastal
areas and agricultural lands; protecting watershed lands to preserve
water quality and water supply; conserving land in order to reduce
erosion, floods, landslides, and- runoff; improving disabled and public
access to, and enjoyment of, public land, and open space; acquiring
disabled and public access to public land, and open space.
(2) The moneys in this fund may also be used for the payment of
interest, principal, and premium, if any, due with respect to bonds issued
pursuant to Sections 3.13,. 3.14, or 3.15, Charter, in whole or in part— for
the purposes enumerated in paragraph (1) of this section and for the
payment of costs associated with the purchase, redemption or refimding of
such bonds.
(3)At any given time, no more than five percent (5%) of this fund
shall be used for administrative expenses
(4)Any balance remaining in this fund at the end of any fiscal year
shall not lapse, but shall remain in the fund, accumulating from year to
year. The moneys in this fund shall not be used for any purpose except
those listed in this section.
(5) The Council shall by ordinance establish procedures for the
administration and priorities for the expenditure of moneys in this fund."
"Section 19.08. Administration and.Enforcement of the Annual Budget
Ordinance.
A. The enactment of the annual budget ordinance shall constitute an
appropriation of the sums specified therein for the purposes and from the funds
indicated. Such appropriation shall be considered valid only for the fiscal year
for which made, and any part of such appropriation which is not encumbered or
expended shall lapse at the end of the fiscal year, except that appropriations to
the fund established by paragraph C of section 19.15 shall not lapse, but shall
remain in the fund, accumulating from year-to-year. Agencies authorized to
make expenditures under the annual budget ordinance may proceed without
other authority from the council to incur obligations or make expenditures for
proper purposes to the extent that the moneys are available and as allotted.
B. Immediately following the enactment of the annual budget ordinance,
the heads of all agencies shall submit to the director of finance schedules showing
the expenditures anticipated for each quarter.of the fiscal.year.
C. The approval of an expenditure schedule by the mayor shall constitute a
budgetary allotment which shall, unless a revision thereof is approved by the
mayor, be binding upon such agencies and the director of finance shall approve or
issue no requisition, purchase order, voucher or warrant that is not in accordance
with such allotment.
D. The allotment herein provided may be altered at any time by the mayor.
The mayor shall direct appropriate revisions in allotments to keep expenditures
within the revenues received or anticipated.
E. Any part of an allotment which is not expended or encumbered shall be
deemed re-allotted for the next allotment period.
R The mayor may at any time transfer an unencumbered appropriation
balance or portion thereof within a division or between divisions in the same
department. Tzansfers between departments, boards or commissions shall be
made only, by the council by ordinance adopted pursuant to Section 19.07B, upon
the recommendations of the mayor."
"Section 19.12. Lapse of Appropriations. Every appropriation shall lapse at
the close of the fiscal year to the extent that it has not been expended or
encumbered, except appropriations to the fund established by paragraph C of
section 19.15 and appropriations for capital budget items where any portion of
said appropriation has been expended."
These Amendments to Sections 19.15, 19.08, and 19.12 of The Charter of the
County of Kauai were duly adopted by the voters at the November 2002 General
Election.
Lihue, Hawaii Peter A. Nakamura
November 26, 2002 County Clerk, County of Kauai
Appendix B
Ordinance 812
ORDINANCE NO. 812 BILL NO.2078,Draft 1
A BILL FOR AN ORDINANCE TO ADMINISTER THE PUBLIC ACCESS,
OPEN SPACE,NATURAL RESOURCES PRESERVATION FUND
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE
OF HAWAII:
SECTION 1. A new Article 14,entitled"Public Access,Open Space and Natural
Resources Preservation Fund" is hereby added to Title III, Chapter 6, of the Kauai
County Code 1987,as amended,to read as follows:
"TITLE III.
TAXATION AND FINANCIAL ADMINISTRATION
CHAPTER
6 GENERAL PROVISIONS RELATING TO FINANCE
(The purpose of this Chapter is to accommodate those non-tax ordinances that
deal with the subject of county fiscal administration.)
Article 14 Public Access,Open Space,and Natural Resources Preservation Fund.
Sec.6-14.1 Purpose.
Sec.6-14.2 Administration.
Sec.6-14.3 Appropriation of Funds.
ARTICLE 14. PUBLIC ACCESS,OPEN SPACE AND NATURAL RESOURCES
PRESERVATION FUND
See.6-14.1 Purpose.
(a) In adopting each fiscal year's budget and capital program, the Council
shall appropriate a minimum of one-half of one percent (0.5%) of the certified real
property tax revenues to a fund known as the Public Access, Open Space, and Natural
Resources Preservation Fund ("Fund"). The moneys in this Fund shall be utilized for
purchasing or otherwise acquiring lands or property entitlements for land conservation
purposes in the County of Kauai for the following purposes:
(1) Public outdoor recreation and education, including access to
beaches and mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of significant habitats or ecosystems, including
buffer zones;
(4) Preserving forests,beaches,coastal areas and agricultural lands;
(5) Protecting watershed lands to preserve water quality and
water supply;
(6) Conserving land in order to reduce erosion, floods, landslides,
and runoff;
(7) Improving disabled and public access to,and enjoyment of,public
land and open space;
(8) Acquiring disabled and public access to public land, and
open space.
(b) The moneys in this Fund may also be used for the payment of interest,
principal, and premium, if any, due with respect to bonds issued pursuant to
Sections 3.13, 3.14, or 3.15, Charter, in whole or in part—for the purposes enumerated
in paragraph (a) of this section and for the payment of costs associated with the
purchase,redemption or refunding of such bonds.
(c) Any balance remaining in this Fund at the end of any fiscal year shall not
lapse,but shall remain in the fund,accumulating from year to year. The moneys in this
Fund shall not be used for any purpose except those listed in this section.
"Sec.6-14.2 Administration.
(a) A community-based process that incorporates countywide community
input for the purposes of establishing annual recommended priorities of lands or other
property entitlements to be acquired for those land conservation purposes described in
Section 6-14.1(a)of this article and paragraph C of Section 19.15 of the Charter shall be
utilized by the County.
To meet this intent, a fund advisory commission(`Commission') shall be
established consisting of [seven (7)] nine 9 appointees. [The Mayor shall appoint
three(3)members,the Council shall appoint three(3)members,and the seventh member
shall be appointed by the appointed six (6). If there is no agreement on the selection of
the seventh member within forty-five(45)days of the appointment of the sixth member,
the seventh member shall be appointed by the Mayor and confirmed by the Council.The
appointing authorities shall consider representation from each of the following six (6)
development plan areas when making appointments to the Commission:
(1) Waimea—Kekaha;
(2) Hanapepe—`Ele`ele;
(3) K61oa—Po`ipu—Kalaheo
(4) Lihu`e—Hanama`ulu;
(5) Kapa`a—Wailua;and
(6) North Shore(Anahola to Ha`ena)]
LU The Mayor shall select four (4) appointees, with at least one (1)
from each of the following development plan areas and one(1)at-large:
(A) Waimea—Kekaha;
(B) LYhu`e—Hanama`ulu;and
(C) Kapa`a—Wailua.
(2) The Council shall select four (4) appointees, with at least one (1)
from each of the following development plan areas and one(1)at-large:
(A) Hanapepe—`Ele`ele,
(B) K61oa—Po`ipu—Kalaheo;and
(C) North Shore(Anaholato Hd'ena)
(3) One (1) island wide, at-large appointee shall be selected by the
appointed eight (8). If there is no agreement on the selection of the one (1) additional
member within forty-five(45) days of the appointment of the eight member,the one (1)
additional member shall be appointed by the Mayor and confirmed by the Council.
(4) Initial terms of appointment shall be as follows:
(A) All at-large appointees shall serve initial terms of
one(1)year.
(B) Two (2) Mayoral district appointees shall serve
three-year terms.
(C) One (1) Mayoral district appointee shall serve an initial
one-year term.
(D) Two Council district appointees shall serve initial terms of
two(2)years.
(E) One Council district appointee shall serve a
three-year term.
Pursuant to Charter Section 23.02(B),all subsequent appointments
shall serve for staggered terms of three(3)years and until their successors are appointed.
However,no holdover term shall extend beyond ninety(90)days.
(5) The role of the Commission shall be to:
(A) Work with the Planning Department to develop an annual
list of priority projects to be considered for funding;and
(B) Solicit public input on development of the annual list of
priority projects to be considered for funding.
(b) The Commission shall establish annual recommended priorities of lands or
property entitlements to be acquired,or for the funding of projects directly related to the
purposes of this article.
(c) For administrative purposes, this Commission shall be attached to the
Planning Department.
(d) At any given time, no more than five percent (5%) of this fund shall be
used for administrative expenses.
(e) Meetings of this Commission shall comply with requirements of
Chapter 92,Hawaii Revised Statutes(the`Sunshine Law').
(f) The Commission shall adopt administrative rules of procedure pursuant to
Chapter 91, Hawaii Revised Statutes (the 'Hawai'i Administrative Procedures Act')
within one hundred and eighty (180) days of the full appointment of the
Commission's membership.
Sec.6-14.3 Appropriation of Funds.
(a) Appropriations for expenditure from this fund shall be made by ordinance.
(b) The Commission shall transmit annual recommendations to the Council
for priorities of lands or other property entitlements to be acquired,or for the funding of
projects directly related to the purposes of this article."
SECTION 2. Severability. If any provision of this ordinance, or the application
thereof to any person or property or circumstances is held invalid,the invalidity does not
affect other provisions or applications of the ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this ordinance
are severable.
SECTION 3. Effective Date. This ordinance shall take effect upon its enactment.
INTRODUCED BY: /s/ BILL"KAIPO"ASING
DATE OF INTRODUCTION:
July 17,2003
Lihu`e,Kauai,Hawaii
DAMy DOcumentABILM2078 d1.doc 1JFT:ao
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of Bill
No. 2078,Draft 1,which was adopted on second and final reading by the Council of the
County of Kauai at its meeting held on December 8, 2003, by the following vote:
FOR ADOPTION: Furfaro,Munechika, Rapozo, Tokioka,
Yukimura,Asing TOTAL- 6,
AGAINST ADOPTION: None TOTAL- 0,
EXCUSED &NOT VOTING: Kaneshiro TOTAL- 1.
Lihue, Hawaii - V\ ✓��
December 9, 2003 Peter A. Nakamura
County Clerk, County of Kauai
ATTEST:
I .GGG/G A rr
Bill"Kaipo" g
Chairman &Presiding Office
DATE OF TRANSMITTAL TO MAYOR:
December 9, 2003
Approved this 15"'day of
Dcc�mlx'tz' , 2003.
B tn J. ptiste
May
County of Kauai
Appendix C
Abstracts for each Acquisition Recommendation
Kaneiolouma Heiau Complex Preservation Area Expansion (South) also known as
Nukumoi sic Surf Shop Property (Koloa Distric
POIPU ROAD
I T.—.
•r� J f- .J� i, -•f i
OF,KAUAI 5147E 4W HAWAII
X8017013 yaw f,♦ 42$022010
t • �''+4���r !' f .S'-'�Y f- yrd r .a<C1'frt'� 1
► p4t I �. mot .AW !w
r.
CO UIIIYOF,KAUAI
8- 7024 - -�-'
� S� ♦�-��A�� � 4 � CCC 1 R
,I
COMITY OF•KAUAI
_ 428017014
t IITY OF KAUAI
SOU - _ y t ' •;_� /) 'f.l - y 1 ��
•r 42 8 01 7 02 3 KAHA KAI COIIDOMIIIUM ctrl
-%-r f r. :/i.f1801 7016
t 'POIPU BEACH PARKP�
7111 � � ♦ �\. •L,_ t_
Owner TMK Address Acres Assessment
Kaha Kai Condominium (4)2-8-017:016 2080 Hoone Rd (1.202) $0
Kaha Kai LLC (4)2-8-017:016;0001 Hoone Rd .21 $763,400
Kaha Kai LLC (4)2-8-017:016;0002 Hoone Rd .484 $996,100
Kaha Kai LLC (4)2-8-017:016;0003 Hoone Rd .484 $1,755,900
1.202 $3,515,400
Recommendation:
• This parcel is adjacent to County owned land and is part of the culturally significant
Kaneiolouma Heiau Complex of Po`ipu.
• The parcel's zoning is Open Special Treatment—Cultural (ST-C) and Open Special
Treatment—Public (ST-P).
• Acquire the land lease or other encumbrances, or purchase the fee to expand efforts to
restore, interpret and protect this important cultural place.
*Parcel boundaries appearing in aerial images are approximate.
Po`ipu Beach Park Expansion (West) at 2179 Hoone Road (Koloa District)
A III
NIN - -
•:HOSELTOII.JADESC
18017005 f ; ' ( ]+. y v �• �' `COUIITY OF KAUAI..,_, /.�
18+18093'* 1 :f•
COUIITYOFKAUAI COUIITY OF,KAUAI
1 8017001 R.1 � '180L q
ICOMITY OF,KAUAI r
L'180180911 I * COUIITY OF KAUAI STATE OF HAWAII
�V -COUHTY OF KAUAI P8018021 18018020
.y 11801803 8{
• POIPU BEACH PARK
Owner TMK Address Acres Assessment
James Hoselton (4)2-8-017:005 2179 Hoone Road 0.74 $3,734,000
Recommendation:
• Property currently on the market and listed on MLS (Realtors-multiple listing sales) for
$5.4M and has been on the market since January 2009.
• This parcel is the last undeveloped beachfront parcel adjacent to Po`ipu Beach Park.
Po`ipu Beach Park is one of the most important beach parks on Kauai. In the Po`ipu
Beach Resort Area, this is the only county beach park with lifeguards.
• Purchase of this privately-owned parcel could be part of the expansion of the county's
Po`ipu Beach Park. With the significant growth of the South Shore and the very limited
public beaches, this parcel would be necessary in order to provide continued growth of
open space and public access.
*Parcel boundaries appearing in aerial images are approximate.
Access to Kukui`ula Bay through the former Hoban property (Koloa District)
t �r -!d al'4'44 L 'y' s.
20001 LEIGHTFAMLY TRUST
- t
Owner TMK Address Acres Assessment
2001 Leight Family Trust (4)2-6-003:017 4432 Lawa`i Beach Rd 0.2842 $3,765,800
Recommendation:
• Purchase of pedestrian easement from Lawa`i Beach Road to shoreline along southwest
property line.
• Existing County of Kauai drainage easement at this location was traditionally used by
local residents to access the shoreline, but property owner now prohibits access.
• Additional funding for the creation of a pedestrian easement for beach access may be
available through Conditions of Ordinance PM-2004-370 relating to Zoning Designation
at Kukui`ula, Kauai, Section 2.15e(2), in consultation with the Koloa Community
Association.
• The commission, at its meeting on May 13, 2010, directed the open space
planner/Planning Department to prepare a dossier to provide the County Council with
additional information on opportunities for implementation of this project.
*Parcel boundaries appearing in aerial images are approximate.
Proposed Piwai (Orna'o) Recreation Area (Koloa District)
s �
n fTBRYDESUGARCOtLTD Y f `:I
15001008 5 pA; 7 %1• f
/:
h:
: ,i x• ¢
0 WDE SUGAR CO LTD gy a i' �z•.°i f. RMS '` ` '' `
� y s r 15004002 �ri.>�1•" :. .5 7'` � �'f s. ♦r.���w� '�'�;
1�✓ � T
Owners TMK Address Acres Assessment
McBryde Sugar Co LTD (4)2-5-001:002 Kaumuali`i Hwy. 122.472 $1,125,800
McBryde Sugar Co LTD (4)2-5-001:008 Kaumuali`i Hwy. 81.82 923,600
204.282 $2,049,400
Recommendation:
• Properties currently on the market and listed on MLS (Realtors-multiple listing sales) as a
combined sale with purchase price at$3.2M, listed since August 2008.
• This property is currently used as a recreational vehicle track(motorcycle, all terrain
vehicle and mountain bike). The acquisition of this land will allow these recreational
uses to continue in a safe and environmentally compatible manner with stewardship
opportunities.
• The acquisition of this sizeable property is compatible with the commissions past interest
in"Public Hunting Area C" and the upland recreational potentials Mauka of Kalaheo.
*Parcel boundaries appearing in aerial images are approximate.
Restoration and Expansion of Shoreline Access, Uwa`i Kai to Port Allen (Koloa
District) y
Rj-
' f+y' a �.++�14•`"i Yy '' a.,? ,y : ��+�'4�ff'--+q!^.1�•saC_ -�'x'. �f 5z,�'.'•s'.
•- ^"4 .:.277 l - <_
e�ea r tt sit=
f h �C » �pS ,H !.,q kSt. t dw vh• �C. i f-° p
7
C Vu M hti f 1 _ -T
�t .0 `+3f" 0 ,.�F �9 x may,4 � � y..r . � i .•F' �_• i. _r,gj
Y
�• .:i, 3 sue: � � .�... �, ��f� a;• � a' �'
s
`t
ai
a
C�PORT ALLE H SMULIBOAT HARBOR
MCBRYDE SUGAR CO.LTD.
��. ,,,. 427N1N3 INMLA
4' NCBRYDE-SUGAR CO.LTD.
FCBRYDE SUGAR CO.LTD. 423070001
422N10N
rY MahiaM Bay
CAN!OUE
4 _
I LCBRYDE;SUGAR CO.L•TD.
423010010. UWAr..KAI
p .,� STATE OF„HAWAr
Xe cf f'[ 4230i0N4
T`�w
Owners TMK Address Acres Assessment
McBryde Sugar Co. Ltd. (4)2-3-010:001 Niho Rd. 1504.928 $2,191,500
State of Hawaii (4)2-3-010:004 18 $0
McBryde Sugar Co. Ltd. (Lessee, Manuel
Mederios) (4)2-3-010:010 56.96 $673,000
McBryde Sugar Co. Ltd. (4)2-1-001:003 Halewili Rd. 233.499 $319,000
1813.387 $3,183,500
Recommendation:
• Public shoreline access along this coastline has become increasingly restricted by the land
owner including the imposition of a 4-month long no public entry period every year.
• Restore and expand shoreline accesses for fisherman and other coastal users from
Halewili Road along a narrow coastal corridor stretching parallel along the shoreline.
*Parcel boundaries appearing in aerial images are approximate.
Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
STATE OF HAWAII
418008020 -
4..
_ PAB8150P1 FAMILYDARTFtERS -
418008021 .
STATE OF HAWAII
418008044 - +✓'''-
M !
Owners TMK Address Acres Assessment
State of Hawai'i(Gay&Robinson Inc, Lessee) (4)1-8-008:020 Kaumuali'i Hwy 379.060 $662,900
Robinson Family Partners (4)1-8-008:021 Kaumuali'i Hwy .900 $231,600
State of Hawai'i(County of Kaua'i, Lessee) (4)1-8-008:044 Off Lokokai Rd 1.906 $0
381.866 $837,900
Recommendation:
• Opportunity for the County to seek an executive order to transfer a portion of state lands
to the County of Kauai for public recreational and cultural preservation purposes.
• Expansion Mauka and westward would allow reposition of uses in the area for improved
protection and establishment of buffers for the significant salt pans.
• The Open Space Fund could fund the necessary subdivision process for the State-owned
properties and the acquisition of the private property interests of a few of the properties in
the beach park expansion area.
*Parcel boundaries appearing in aerial images are approximate.
Appendix D
Island Map Indicating all Acquisition Recommendations
Public Access, Open Space and Natural Resources Preservation Fund Commission: 2010 Recommendations
Legend
f Project Recommendations
yr ••f `
e.-C.
Sep ;y. ..J hi. ,H• ,/�• •1/ S r 4f�yily? � • _
s �� ' ��"> � :,3,x,3.; • .,,,�,•le:'-
lei. J
ir
_: ..
{110 `f Ff? ,r• `.N
Proposed P i Recreation Area
Salt Pond Beach Park Expansio �1
4.`.
' Hoban
Miles Shoreline Access, Lawai Kai to Port Allen Kaneiolouma Heiau Complex
S 10 Hoone Road
ii
Appendix E
Prior Year's Priority Recommendations
Prior Years' Priority Recommendations
Year 2009
• Acquisition:
• Black Pot Beach Park Expansion (Hanalei District)
• Salt Pond Beach Park Expansion and Buffer area for Protection of
Hanapepe Salt Pans (Waimea District)
• Kaneiolouma Heiau Complex-Nukumoi [sic] Surf Shop Property (Koloa
District)
• CGB/Evslin Property (Waimea District)
• Acquisition without necessitating fund:
• Hoban access (Koloa District)
• Kauapea Beach East access (Hanalei District)
• Kaakaaniu Beach (Larsen's Beach) access (Hanalei District)
• Papa`a Bay access (Kawaihau District)
• Waita Reservoir access (Koloa District)
• Alexander Dam access (Koloa District)
• Partnerships for acquiring:
• Haena Point Properties (e.g., Brescia Property, Hanalei District)
• Coco Palms Property (Kawaihau District)
• Alekoko Fish Pond (Lru`e District)
• Mahaulepu (Koloa District)
YEAR 2007-2008
• Priority Recommendation:
• Black Pot Park Expansion (Hanalei District)
• Salt Pond Park Expansion (Waimea District)
• Haena Point (Brescia) (Hanalei District)
• North Kapaa Coastal Lands (Kawaihau District)
• CGB/Evslin (Waimea District)
• Haena Beach Park Lateral Access (Hanalei District)
• Secondary Recommendation:
• Hoban (Koloa District)
• Nokumoi Surf Shop (Koloa District)
• Mahaulepu & Gillin's (including CJM and Haula (Koloa District)
• Alekoko Fishpond (Lliu`e District)
• Coco Palms (Kawaihau District)
• Papa`a Bay Easement (Kawaihau District)
YEAR 2006
• Priority Acquisition:
• Black Pot Park Expansion (Hanalei District)
• Hoban (Koloa District)
• Papa`a Bay (Kawaihau District)
• Kauapea Beach (Hanalei District)
• Places/Parcels of Interest
• Nounou Trail Connector (Kawaihau District)
• Kealiakealanani (Hanalei District)
• North Kapa`a Coastal Lands (Kawaihau District)
• Alexander Reservoir Road (Koloa District)
• Moelepe Trail Link (Kawaihau District)
• Kaneiolouma Heiau Expansion (Koloa District)
• Hapa Road (Koloa District)
• Nukoli`i Beach Park Expansion (Lihu`e District)
• Puolo Point (Waimea District)
• Moloa`a Trail and Coastal Lands (Hanalei District)
YEAR 2005
• Acquisition:
• Hoban (Koloa District)
• McCalla (Koloa District)
• Knudsen — Po`ipu (Koloa District)
• Expansion of Po`ipu Beach Park (Koloa District)
• Mahaulepu (Koloa District)
• Papa`a Bay/Beach (Kawaihau District)
• P1a`a (Hanalei District)
• Kauapea / Secret Beach 2 (Hanalei District)
• Expansion of Black Pot Park (Hanalei District)
• Canela — Makai (Hanalei District)
Appendix F
North Shore—Aliomanu to Princeville Field Trip Report
w• ". .rte. l ..;.... •�
i
All
COUNTY OF KAUAI
PUBLIC ACCESS, OPEN SPACE &
NATURAL RESOURCES
PRESERVATION FUND COMMISSION
3/11 /2010 Field Trip Report: `Aliomanu to Princeville
Commission Observations & Suggested Opportunities for Action
Noted at the Following Sites:
^
46 KAUAPEA MAC M EAST aicrss
�Q KAPIOLAtII R[)�ove -
/r10KANEHAVEHAROADdrivebyr�vr, gHlll(ROCK(gUARRY
.:11 KA HAKU ROAD park&Nalk • t7 WAFIIHI Jtil lllll►-drive coast to erd of road
4 VVfLLIE ROADdrive by KAUMWAI
NANALEI KILAUEA
% 5`ANwV
Vicw;heJ� ma ka Mile ker 22 =3 KAAKAAIIIU BEACH access
+1141 OLO I A BAY
Aninl (Wanlni)
• `Aliomanu — Papa`a
• Westin Princeville t1 ALIOPr AIIU COASTAL access wm,
• Moloa`a
• Queen's Bath Princeville
• Kaakaaniu — Lepeuli
• The Cliffs at Princeville (cul de sac) ANAH
• Mauka View at Mile 22
• Keonene Beach — Fort Alexander Access, Princeville (St.
• Kahili Beach Regis)
• Kauapea Beach East • Hanalei Bay Access, Princeville
1
Page 2
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
`Aliomanu — Unresolved status of legal access to Papa`a Bay NOTE: The statements in this column are opportunities for actions,
Papa`a around the eastern point. identified by the Commission that the State, County or Open Space
Commission (OSC) could take in the future.
County: Continue to monitor resolution of legal issues between
TMK: (4)-4-0-
neighbors and to work toward providing eastern access to
005:004 ` '. Papa`a Beach/Bay.
OSC: Ask for updates from the County Attorney's Office.
`Aliomanu — Inconsistent and inadequate beach access County: Review access way signs and establish consistent
Papa`a signage. Faded letters on PVC pole in ground. signage. Information to consider: location (Hawaiian names),
hazards awareness, resource protection information.
OSC: Encourage County to develop consistent signage.
�. 7 _._.
'tin��tE?:`F
Page 3
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
The County lacks liability protection for the OSC: Hold an education session to explore how the
County's public access ways (and preserved commission can best support efforts to address liability
*not site natural places and cultural sites). protection for County trails and other open space assets.
specific
Moloa`a Bay Landowner informally provides some needed County: Investigate the acquisition of a permanent public
parking (8 stalls). parking easement with the owner.
TMK: (4)-4-8-
014 & 017
Moloa`a Bay Segment of the State Na Ala Hele coastal trail to OSC: Invite Na Ala Hele to provide an OSC education
Kaakaaniu is blocked by a landowner. session about the status of the state trails program on
Kauai, including the trails from Moloa`a to Kaakaaniu as
well as possible future segments (Lepeuli to Pfla`a).
Page 4
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
Kaakaaniu — Two access ways, long used by public, were State & County with partners: Work to address remaining public
Lepeuli closed by landowner. Newly cleared access way concerns regarding access to this beach.
(of record) is steep, difficult to discern and will be
TMK: (4)-5-1- hard to maintain. OSC: Continue to monitor this area regarding access.
003:021
Kaakaaniu - Scenic, natural, cultural, recreational coastal area County with partners: Work to address public concerns
Lepeuli vulnerable to possible degradation from new regarding the management of this area.
activities like cattle ranching.
OSC: Continue to monitor this area regarding access.
f k i
•, r► of �zc.�a.,: - ,,
Page 5
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
Mauka View County lacks measures to protect view sheds. I County: Investigate measures to permanently protect highly
Mile 22 emblematic Kauai view sheds, including such measures as
This and other significant open space views could identified in the 2000 General Plan.
Beautiful Mauka be lost. The 2000 General Plan recommended
view shed over "preparing amendments to the CZO, SMA rules OSC: Encourage amendment to Ordinance 812 so that the
rolling pastures
and the Subdivision Ordinance to provide specific Open Space Commission is empowered to advocate and
criteria and guidelines for evaluating and propose policies and legislation to further public access
protecting scenic view in the siting of new and open space efforts on Kauai.
development.
Kahili Beach Good example of private nonprofit and public County: Continue past support and partnering for the federal
partnership to conserve partnership conservation wildlife refuge expansion in this area.
a beach area.
TMK: (4)-5-2-
004:047
Page 6
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
Kahili Beach Erosion from dirt access road and parking lot run- OSC: Encourage County to assess erosion of soils etc.
off on to the beach onto beaches and into streams at access ways and to
(continued) adopt measures to minimize such runoff.
Kauapea Access to eastern side of Kauapea Beach County: Prioritize negotiations with landowner(s) to provide
Beach — East continues to be blocked. Re-establishing access managed eastside access.
in this area has been an Open Space Commission
priority because of substantial public input.
TMK: (4)-5-2- OSC: Ask for updates from the County Attorney's Office.
004:071
t� L
Page 7
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
`Anini Inconsistent Beach Access Signage. Some County: Review access way signs and establish consistent
(Wanini) access ways have sign poles; others don't. signage. Information to consider: location (Hawaiian names),
hazards awareness, resource protection information.
TMK: (4)5-3-
004:038 OSC: Encourage County to develop consistent signage.
moo;
Westin Example of provision of good public beach access I OSC: Send acknowledgment letter to the entity responsible
Princeville way parking, informative signage and for the maintenance and the signage.
maintenance of historic access to `Anini coast.
a
Page 8
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
Queen's Bath Extremely popular, lovely and well publicized trail I OSC: Invite Kauai Visitor's Bureau to provide an OSC
Princeville and ocean lava rock pool that can be extremely education session about visitor trends on Kauai, including
hazardous due to its proximity to the open ocean KVB and County efforts to promote visitor safety. "(Sue
as well as crashing waves. Kanoho conducted an education session at the OSC
meeting of July 22, 2010.)"
r
e
S
Many warning signs put up by various entities. County: Review access way signs and establish consistent
Not sure if this helps, is confusing or ignored. signage. Information to consider: location (Hawaiian names),
hazards awareness, resource protection information.
OSC: Encourage County to develop consistent signage.
L:
Page 9
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
The Cliff's Beautiful ocean view spot with no parking, no pull OSC: Encourage the County to work with various master
Area, over. Here and in other areas within the developers and community associations, including
Princeville Princeville, private development failure to share Princeville, to improve and expand public view
substantial stretch of coastal Kauai. opportunities through the use of pullovers, view sites and
other methods.
TMK: (4)5-4- OSC: Invite the Planning Department's long range and
005:019 subdivision planners to hold an OSC education session
regarding opportunities for establishing public use trails
during agricultural lot subdivision proceedings.
Keonene Parking sign misleading as it does not state Public County: Require change of language on misleading sign.
Beach — Fort Beach Access Parking
Alexander
Access,
Princeville
(St. Regis)
Page 10
PLACE ISSUE/ CONDITIONS POSSIBLE OPPORTUNITIES/ACTIONS
Keonene Insufficient 9 stalls for public parking at highly County: Inform hotel owner of insufficient parking and negotiate
Beach — Fort used look-out, historic site and beach access. for expansion of free public parking for beach access within the
Alexander Community member reported at site visit that adjacent parking lot.
Access, stalls are often utilized by hotel employees.
Princeville OSC: Urge the County to accomplish the above
(St. Regis) recommendations.
Hanalei Bay Good sign clearly identifying beach access. An OSC: Encourage the County to explore establishing an
Access, example of how an access design can discourage alternative public beach access way.
Princeville public use because the route goes behind hotel,
(St. Regis past garbage area, and has no sense of ocean or I OSC: Research access to Hanalei Bay from Princeville to
hotel to presence of Hanalei Bay. the coastline.
Hanalei Bay)
TMK: (4)5-4-
Page 11
Appendix G
2010 Survey Questionnaire
g o n — County of Kauai
° Public Access, Open Space, and Natural
Qj r O Resources Preservation Fund Commission
N
CL
rD
rD
CD ;
O
fD rD O0 M r
3 O O
V1 -0 3 A.
M (D x N
-r r 0-
° rD C r.
OI� (D Cr
n N p
t_
Ql rte+
�. Annual Survey
° Suggest Land or Public Access
to be it Ac uired or Public gene
a f f
Please kokua
W Input needed by August 15, 2010
Survey also available online at:
www.kauai.gov/OpenSpaceSurvey
For more information, call 241-4050
2010 Suggestions for Land or Access to Protect Purposes for Use of the Open Space Fund
The County of Kauai's Public Access, Open Space & Natural Resources 5. To qualify for purchase, acquisition or property entitlement for land
Preservation Fund Commission is asking the public to make suggestions conservation purposes using Open Space funds, sites must meet at least
for lands or property entitlements (like access ways) that the County one of the following purposes.
should consider for purchase or to otherwise acquire as part of the
County's Open Space Program (pursuant to Chapter 6, Article 14 of the Please check any that you feel apply:
County of Kauai Charter). ❑ Outdoor recreation/education, including access to beaches and mountains.
Please use this form to tell the Open Space Commission about a place ❑ Preservation of historically or culturally important lands and sites.
or access you would like to see protected or acquired. Forms are also ❑ Protection of significant habitats or ecosystems, including buffer zones.
available at public libraries and County of Kauai recreation centers. ❑ Preserving forests, beaches, coastal areas and agricultural lands.
Survey also available online at: www.kauai.gov/OpenSpaceSurvey
❑ Protecting watershed lands to preserve water quality and water supply.
Use one (1) Survey Form for EACH Site Suggestion. L1 Conserving land in order to reduce erosion,floods, landslides, and runoff.
1. Address, place name and/or common name of site: ❑ Improving disabled and public access to, and enjoyment of, public land.
❑ Acquiring disabled and public access to public land and open space.
You may include photos and other documentation relating to the site with
this form, but please do NOT send originals as they will NOT be returned.
6. (Optional) You may include your name and phone/email in case the
2. Other helpful information like owner's name, tax map key (TMK#): commission has a question about your suggestion:
SUGGESTIONS DUE NO LATER THAN 8/15/2010
3. What type of protection do you suggest for this place? (0 one) fax to: 241-6699
or mail to:
❑ acquire property ❑ acquire easement
County of Kauai Open Space Commission
❑ other (specify): 4444 Rice Street, Suite 473
4. Why do you suggest this place? What's the opportunity/ problem? Lihue, HI 96766
Survey also available online at:
www.kauai.gov/OpenSpaceSurvey
For more information about the
Open Space Program, visit:
Survey available online: www.kauai.gov/OpenSpaceSurvey
Appendix H
List of Sites Suggested in 2010 Public Survey
List of Sites Suggested in 2010 Survey
(Number indicates number of surveys)
Knudsen Property- Mauka to Hwy, Oma'o
+ 176 signed Petitioners (In Report as Proposed Piwai
Recreation Area) 177
Kapaia Swinging Bridge (Laukini Road) 26
Mahaulepu Beach 19
Kauapea or Secret Beach 16
Larsen's Beach 7
Coco Palms 7
Information Incomplete - no legible data 7
North Shore Bike Path 5
Kaua'i - anywhere on island 4
Lawa'i Bay (Allerton's) 4
DLNR trail from Kapahi to Kapa'a (Mahelona) 4
Sheehan/Wilcox Property (adj to Black Pot) 4
Lepeuli ancient Alaloa 3
Papa'a Beach 3
2179 Hoone Road 3
Mehehune Fish Pond (Alekoko) 3
Salt Pond Park 3
Kilauea Falls (sometimes called Rainbow Falls) 2
Majors Bay 2
'Anini Beach 2
Evslin/CGB & Knudsen Parcels 2
Martin Family Property (formerly Lono Farm aka Kenny
Martin's) 2
Kilauea, Princeville, Hanalei bike path 2
Former Guava Kai (land accessed from Kuhi'o Hwy) 1
Kohi'o Shores 1
Kapule Hwy&Aukini 1
Puolu Point 1
Kalihiwai Beach (by the trees) 1
Hanalei Bay Beach (Waikoko side) 1
Wailapa Beach Access (Wailapa Road) 1
Black Pot 1
Mowry buffalo farm 1
Haupu Range 1
Moloa'a Beach 1
Princeville Ranch 1
Kealia to Anahola 1
Wailua River Park 1
Hanalei Valley 1
Lihu'e Sugar Mill 1
Waioli &Waipa Valleys 1
Hanalei Plantation Road 1
Princeville St. Regis parking lot 1
Alexander Dam 1
Wainiha Valley 1
Hanapepe Valley 1
Haula Beach 1
Old Chinese Tunnel (Koloa to Kipu for bike bath) 1