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HomeMy WebLinkAbout2010-12-02 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Liliu'e Civic Center, Pi'ikoi Building, Conference Room B MINUTES A regular meeting of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission of the County of Kaua'i was held on December 2, 2010, in the Pi'ikoi Building, Conference Room B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Johanna Ventura, Vice Chairperson, Linda Dela Cruz, Maurice Nakahara, and Jean Souza. The following Commissioners were absent: Eugene Punzal, and three (3) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:19 p.m. APPROVAL OF AGENDA MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES - Regular meeting minutes of 10/28/10 and 11/04/10. Regular meeting minutes of 10/28/10 — Deferred. MOTION: It was moved by Jean Souza and seconded by Johanna Ventura to defer approval of the 10/28/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. I Regular meeting minutes of 11/04/10 — Deferred. MOTION: It was moved by Johanna Ventura and seconded by Jean Souza to defer approval of the 11/04/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS Ms. Sadora announced that Deputy County Attorney Ian Jung is now assigned to the Open Space Commission. Deputy County Attorney Ian Jung announced that he submitted the deed for the Hodge parcel for Council approval and that the State money should be received some time next week. Once approved by Council they can move forward on closing on escrow. He stated that he would notify the Commission if they would like to attend the signing at the special Council meeting on December 8. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that there were no updates from the Council or the Administration. She stated that now that elections were over, they may have a more positive update by the next meeting. Commissioner Souza questioned when Commissioner Punzal's 90 day holdover expires. Ms. Sadora stated that the 90 day holdover would expire at the end of March, but she noted that Commissioner Punzal preferred not to be held over if he was not needed for quorum. Commissioner Ventura suggested communicating to Council and the Administration that Commissioner Punzal does not wish to be held over for 90 days. Commissioner Souza agreed that both should be notified that there are only 5 Commissioners left and that a minimum of 5 are needed for quorum. Compilation and evaluation of 2010 public input process pursuant to Ordinance No. 812 and the development of an annual list of priority projects and 2010 Report to the Kauai County Council and the Mayor. 2 Chair Kinnaman turned the meeting over to Vice Chair Ventura for this agenda item. The Commission received public testimony from Randy Wichman and Rupert Rowe regarding Kaneiolouma. Mr. Wichman stated that since they last appeared before the Commission they were able to obtain a 501(c)(3) status for Hui Malama O Kaneiolouma and were able to secure a stewardship agreement with the County, and obtain an executive order that transferred 1.5 acres of State property into the preserve. He said a 54 page introductory report on the historical overview is available on their website at kaneiolouma.org. He stated that they are in a grant writing stage and are about one month away from a preservation plan that would allow them to repair the complex. The grants are Preserve America and Island Innovation Fund through the Hawai'i Community Foundation for $230,000 and $400,000. He stated that they are also asking for further mapping and aerial photography. They are in a partnership for the grant with the Royal Order of Kamehameha, the Hapa Road Crew, and the Halau. He stated that they are focusing on the YMCA property for the purpose of an interpretive center, and it is also the main entrance to the complex. Vice Chair Ventura questioned the term of the stewardship agreement with the County. Mr. Wichman stated that the term would be for 10 years, is renewable, and is an initiative from the Mayor and County Council Chair. Vice Chair Ventura stated that the Nukumoi Surf Shop site is on the list of sites that are being considered for recommendation. She questioned if they have discussed the site with regard to the Open Space program. Mr. Rowe stated that they are requesting that Kaneiolouma be ranked as the top priority because it is very important for preservation of the culture. He noted that there is no avenue that protects the culture. He said the land is zoned open, public, culture. Mr. Wichman stated that the organization is aware that they were in the top sites for recommendation. He stated that they are working closely with County Attorney's office and with the Land Trust to explore every option. Commissioner Souza questioned the status of the current Nukumoi lease. Mr. Wichman stated that Bob French, who is currently leasing the YMCA building for the Nukumoi Surf Shop, mentioned that he is no longer in contention for the place and has no intention of continuing the lease. Mr. Rowe stated the reason he was appearing before the Commission was to explain the importance of the heiau and reason why Nukumoi should be the number one recommendation. He stated that everything is in process, but any legal questions should be addressed by their representative. 3 Commissioner Souza stated that the Commission would like to be as factual as they can with each recommendation. She stated that any answers may influence whether the Commission is supportive. Mr. Rowe stated that their representative can provide all the answers. Deputy County Attorney Jung clarified that the Commission is fact gathering on his position and the importance of them to move on this particular parcel. Mr. Rowe stated that there were a lot of things that happened on that property from the hurricane and from illegal grubbing and grading without enforcement by the County. He stated that cultural sites were destroyed. He said without the kanakas, nothing would go forth. He said that the property is the entrance to the heiau and if you don't have a door, you cannot enter the temple. He noted there is nothing in the Charter to protect the culture. He stated that it is a church and they are looking at how to make it function correctly. He stated that they are not interested in money but in preserving the property. He said that he could speak on the spiritual importance, but they have representation for any legal matters or questions. He stated that you must have a door to enter the heiau and you can't enter from the side. He said that was the reason it was zoned open, public, culture. Commissioner Souza noted that the Commission's recommendation was to acquire the land lease as opposed to the fee interest. Deputy County Attorney Jung stated that is an option, but the preference of the County would most likely be to acquire it in fee. He stated that using the money to acquire a lease would involve may hurdles. Commissioner Souza suggested recommending that the County acquire the property. Deputy County Attorney Jung stated that the Commission could recommend that the County acquire the interest in the property. Commissioner Ventura stated that the description should include language acknowledging that it would be the entrance to the heiau. Mr. Wichman clarified that it would serve as the entrance to the heiau and as the interpretive and educational center. Mr. Rowe questioned how the financial value is determined on an open, public, and culture zoned property and if it is based on the surrounding properties. Deputy County Attorney Jung stated that the assessments are based on the properties sold in the area, the zoning, and the commercial nature of the operation. He stated that 4 it is a multi-variable approach and because there is a private land owner there would need to be an independent assessment done on the property. Mr. Rowe stated that it was offered to them about 6 years ago for $1.5 million. Commissioner Souza stated that the write up should better reflect the significance and the progress that has happened, so all of the facts need to be included to make a compelling statement. She stated that the Commission wants to be in alignment with the testimony. The Commission thanked Mr. Wichman and Mr. Rowe for their testimony. Commissioner Ventura stated that she felt that prioritizing should take place over two meetings. Commissioner Souza stated that she would be unavailable for the December 16 meeting. Commissioner Ventura stated she also has challenges attending that meeting. Discussion with the County Attorney pertaining to the legal issues involved with recommending acquisition of real property to the County Council as part of the annual report. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92- 5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involves consideration of the Commission's powers, duties, privileges, immunities and/or liabilities with regard to this agenda item. MOTION: It was moved by Johanna Ventura and seconded by Jean Souza to move into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. Compilation and evaluation of 2010 public input process pursuant to Ordinance No. 812 and the development of an annual list of priority projects and 2010 Report to the Kaua'i County Council and the Mayor. (Continued) Commissioner Ventura stated that in the 2005 report contained valuable historic information. She stated that when she first started there seemed to be a shared feeling that the report was so comprehensive that the message may have been diluted. She 5 stated that the Commission began streamlining the report to focus on the recommendations. She stated that some of the strategies included a list of priority recommendations followed by secondary recommendations. The 2009 report included other recommendations in an attempt to streamline the focus. She noted that there were six properties this year and asked the Commission what they felt would be the best strategy in presenting the recommendations and whether they wanted to focus on all six or eliminate a few. Commissioner Souza stated in the past years, the Commission couldn't quite figure out how to implement an acquisition until the Kaua'i Public Land Trust showed them a way. She stated that the Commission had developed flow charts but nothing was agreed to. She noted that when the Commission first started they were very optimistic, but over the years there were different attorneys with different interpretations on what the Commission could and couldn't do which influenced their focus. She stated that because money has been allotted to the Hodge property acquisition, there isn't a lot of money left in the fund, so their focus has been pretty small. She stated that they try to have some kind of continuity so for the most part there has been overlap from year to year. She stated that she likes what the Commission has done at the last meeting and questioned the A&B property and what new information was received. Commissioner Ventura stated that the representatives from the two motorcycle clubs appeared before the Commission and provided a heartfelt presentation. She stated that the information the presented was that the A&B property was for sale and that there was potential conflict between the club's use and a more tourist based activity on an adjoining property. She stated that the testimony was specific to the A&B property and the adjoining property was used more for staging. Commissioner Souza stated that the Commission usually goes for land acquisition. Deputy County Attorney Jung stated that the Commission is not limited to land acquisition. He said they could purchase conservation easements. Commissioner Souza questioned if it would be more appropriate to negotiate a longer term lease. She questioned what the compelling argument was to acquire the land for that purpose. Chair Kinnaman stated that aside from being a recreational sport, people could enjoy the mountains as a family. She said the trail rides could be expanded. She noted that the water tank is also on the parcel. Commissioner Ventura stated that the fact that the property is for sale may be an obstacle to pursing conversations with the land owner regarding a lease. She felt that this was a sport that many families including children are enthusiastic about and is an activity that fits in well with local lifestyle. She stated that the speakers noted that accesses are being closed off possibly due to liability and accesses are being lost. She added that by designating a location for riding to occur, it could mitigate some of the 6 negative impacts to areas where riding is being done illegally. She stated that the clubs implement measures to mitigate erosion and provide education on how to be good riders to their members and also mentioned other models throughout the State that was in a co-management type situation. She agreed with Commissioner Souza that the reason the Council took action with the Hodge parcel acquisition was because there was a champion nurturing momentum. She noted that in the past there was a lot of good information in the report, but it was received with no further momentum. She stated that she would rather see a success on behalf of a community of focus such as this group, than something that is not going to move any further. In terms of strategy, she felt that a short list of recommendations would focus attention to a couple sites rather than diluting the effect and having a lukewarm reception without an opportunity rising to the top. She stated that she was also mindful of the fund balance. Commissioner Souza stated that you never know what opportunity may arise. If the Commission states that there are interests in a certain property, then the Council or the Administration could see that there is value in it should an opportunity arise. Commissioner Nakahara questioned if there would be a secondary list. He noted that sites like Wailua falls could be mentioned but not in terms of immediate sites. Commissioner Ventura stated that she would like the Commission to maintain a long term projects list to keep them in the light. She noted that many of the sites were culled because they were unviable but they could be included in a long term list so as not to ignore them. Commissioner Souza questioned the status of the dossiers. Commissioner Ventura questioned the value of the Hoban easement. Chair Kinnaman stated that the pedestrian easement was valued at $99,000. Ms. Sadora stated that the owner wasn't in agreement so a condemnation would have been needed. Commissioner Souza stated that there was no champion for it. Ms. Sadora stated that the timeline in the Ordinance was imposed by the Planning Department as a subdivision requirement, but they are open to keeping it to the Hoban easement if the Commission desires. The Commission reviewed the assessed value of each of the sites in the recommendations. Ms. Sadora stated that the assessed value for 2179 Hoone Road is $3.7 million and is listed for sale at $5.4 million. Nukumoi is listed at $3.5 million. Salt Pond is $837,000 for the Gay & Robinson parcel. She stated that the biggest parcel adjacent to Lawa`i 7 Kai is $2.1 million and noted that the area around Camp one would fall within that value, but wouldn't be for the whole amount. The A&B property North of Omao Road is assessed at $2 million and is listed for sale at $3.2 million. Commissioner Ventura stated that it seems that from the testimony last week, the off- road clubs may have the critical mass required to move the recommendation forward. Commissioner Souza stated that would be an advantage of not prioritizing the recommendations. She noted that Hoban could be funded without the Open Space funds, but were using the recommendation to nudge the project on. Ms. Sadora suggested that the recommendations could be bulleted. Commissioner Ventura stated that bulleting the recommendations could still give the impression of prioritizing by the order they are listed. Commissioner Nakahara stated that they could be listed as a, b, c in alphabetical order. Commissioner Ventura noted that the advantage of the Kaneiolouma site is that there is significant momentum and new development since their last testimony before the Commission. Commissioner Souza stated that the value of the lands will probably be lower. She stated that the 2179 Hoone Road may be troublesome since the listed value for that site is probably close to the real value. She felt that Salt Pond Beach Park needs to be expanded. She stated that her vision for the Camp one area was a more rustic coastal path with lineal area being more accessible without acquiring big chunks of land. Commissioner Ventura stated that she likes the idea of proposing a linear access along the coast since the testimony wasn't specific to Camp one but for more access along the coastline. Commissioner Souza suggested checking with Parks & Recreation to be sure that they are supportive with 2179 Hoone Road, Hoban, Kaneiolouma, Salt Pond Park, Camp One, and A&B. She stated that she was okay with the current list rather than eliminating more. Commissioner Ventura stated that she was not as concerned about eliminating a site as much as driving action. She stated that if the Commission decides to keep all 6 recommendations, then she suggested changes to the language in the structure. She stated that she liked the idea of a compelling case in the first sentence. She also recommended listing suggested actions. She stated that instead of bulleting the recommendations, they could include a statement that the Commission puts for the following recommendations that are not prioritized, but listed in order of community interest that was demonstrated. 8 Commissioner Souza stated that she would prefer alphabetical or geographical and listing in parenthesis (not in priority order). For Hoban she stated that the vision could be listed first, then the justification including a statement that the Open Space Commission voted to have the Planning Department create a dossier for action. Commissioner Ventura stated that the real action is that the Council would have to decide to authorize a condemnation. Commissioner Souza stated that the Department would need to figure out who is going to do what and what needs to be done in the dossier. Commissioner Ventura stated that she would like to see the Commission focusing the Council on what their next step would be in the process. Commissioner Nakahara expressed reservations regarding the cost of acquiring 2179 Hoone Road and suggested listing it as a secondary recommendation. He did not envision outside organizations similar to the Hodge property wanting to acquire it. Commissioner Souza pointed out that there may be unknown opportunities and she would like to keep it as a placeholder. She did not want to lose that opportunity because it is the only place left in the area. Commissioner Ventura agreed that perhaps it could be presented to the owner as a tax savings opportunity. She expressed reservations that it may take away from the Kaneiolouma opportunity. She stated that she liked the idea of including a long term list in the report not as priority recommendations. Deputy County Attorney Jung stated that for Hodge, the owner took a $850,000 cut. He stated that there is always a chance and you never know what property owner might negotiate for a tax break. He said the Commission can take that into consideration. Chair Kinnaman questioned if the certified shoreline has already been determined. Deputy County Attorney Jung stated that certified shorelines do not delineate ownership, but establishes where the start of the no build zone is based on the setback. Commissioner Souza stated that the entire area was destroyed in the hurricane. She suggested proposing a conservation easement because it's in an inundation area. Deputy County Attorney Jung stated that the owner would need to consent, unless the County wants to condemn. He noted that people usually don't like to purchase properties next to a park. Commissioner Ventura questioned if the Commission could hold off on doing any motion until they approve the report in its final form. 9 Deputy County Attorney Jung stated that it would depend if the Commission wants to take motions to eliminate certain things or take one final motion to approve how the true priorities are going to be. He stated that the Commission could defer the agenda item. Commissioner Ventura suggested that the Chair could appoint an investigative team to edit the report. She stated that she would be willing to participate, but would have to finish the field trip report and her schooling. She stated that she wouldn't be available until December 20th Chair Kinnaman appointed Commissioners Souza, Ventura and herself to the investigative team to edit the report. Commissioner Souza suggested that each new section should begin with a summary of what is to follow. She also suggested that the important facts be stated first. She suggested specifying that the Commission is struggling to fill its vacancy because the Administration and the Council have not been able to fill their appointed vacancies. Deputy County Attorney Jung stated that he would try to have John Isobe from the office of Boards and Commissions attend the next meeting so the Commission can express their concern. Commissioner Souza suggested including it on the agenda so they can explain why the vacancy was not filled for the past year. Commissioner Ventura stated that she would be interested in hearing what their plan is from here forward. Commissioner Souza stated that they should also request an update from the Council Services. Deputy County Attorney Jung stated that the Commission can always request an update. Commissioner Souza stated that the Commission is desperate to have the vacancies filled. Commissioner Dela Cruz noted that she has been on the Commission for a year and they still have not filled the vacancies. The Commission requested an alternate meeting date for December since there would be no quorum for December 16th Staff verified that the meeting room would be available on December 21St, 22nd or 29th. Chair Kinnaman stated that she would be available on December 22nd or 29th 10 Commissioners Souza and Nakahara stated that they would be available on either day. Commissioner Dela Cruz stated that she would have to check on her work schedule and email staff. Ms. Sadora stated that they will notify Commissioner Punzal once the date has been determined. Update and discussion of the Commission's work plan/timeline of events and activities through 2010, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes, and proposals. Commissioner Ventura questioned the Commission's meeting with Council members. Ms. Sadora stated that the last communication from the County Clerk was to wait for the new Council members to be sworn in. She stated that they were reviewing the draft of the Bill and would internally work on scheduling. She stated that she would contact Council Services tomorrow. Commissioner Souza stated that they should meet with the Chair and Vice Chair and with the Planning Chair and Public Access Chair. Ms. Sadora stated that County Clerk Peter Nakamura was going to outline it the best way he saw based on the Bill that was being proposed. Commissioner Ventura stated that the main message should be that the Commission is anxious to proceed. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the next meeting will have the same agenda items. Ms. Sadora stated that she will contact Boards & Commissions and Council Services for an update on the vacancies. 11 ADJOURNMENT Meeting adjourned at 4:25 p.m. Respectfully submitted by: { Duke Nakamatsu, Support Clerk 12