HomeMy WebLinkAbout2011 OSC Annual Report COUNTY OF KAUAI
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES
PRESERVATION FUND COMMISSION
2011 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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February 9, 2011
COUNTY OF KAUAI
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES
PRESERVATION FUND COMMISSION
2011 REPORT
TO THE KAUAI COUNTY COUNCIL
AND MAYOR BERNARD CARVALHO, JR.
February 9, 2012
Prepared by:
County of Kauai
Public Access, Open Space & Natural Resources
Preservation Fund Commission
Joseph Figaroa, Chair
Maurice Nakahara, Vice Chair
Tessie Kinnaman
Johanna Ventura
Jean Nishida Souza
Linda Dela Cruz
Nathaniel Childs
John Lydgate
VACANCIES:
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. Recommendations for Acquisition Utilizing the Open
SpaceFund ..................................................................5
3. 2011 Public Input Process..............................................9
3A. Public Input Opportunities
4. 2011 Year in Review......................................................11
4A. Amendment to Ordinance 812
413. Commission Vacancies
4C. New Process to Assist in Implementation of Commission
Recommendations
4D. A Call for Action
Appendices
A. Charter Amendment
B. Ordinance 812
C. Abstracts for each Acquisition Recommendation
D. Island Map indicating all Acquisition Recommendations
E. Current and Prior Year's Priority Recommendations
F. 2011 Survey Questionnaire
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 2011-2012 is $1,558,436.
Commission Recommendations
The Open Space Commission recommends the acquisition of the fee interest or
other property rights for the following properties, utilizing the Fund. The properties
are listed in priority order:
1. Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
2. Proposed Piwai (Oma'o) Recreation Area (Koloa District)
3. Kaneiolouma Heiau Complex Preservation Area Expansion (South) (Koloa
District)
Other Recommendations:
❑ Access to Kukui`ula Bay through Former Hoban Property (Koloa District)
❑ Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen
(Koloa District)
❑ Kauapea Beach Access and Other Unresolved Public Access Issues
2011 Public Input Process
The Commission provided opportunities for public input in 2011 through:
Regular Commission meetings
2011 public meetings in October in Hanapepe, Po`ipu, and Li-hu`e
Public survey from October 5-31, 2011
One hundred twenty (120) people attended the public meetings, twenty-six (26)
online surveys were submitted, and about fifteen (15) people attended regular
Commission meetings.
2011 Year in Review
The Commission approved the submittal to the County Council of a proposed draft
bill to amend Chapter 6, Article 14, Kauai County Code, 1987.
The Commission is working to fill the vacancy of the ninth Commission member. In
2011, Commission vacancies ranged from four (4) to one (1). Six (6) meetings of
twenty-four (24) were cancelled due to lack of quorum.
Since 2005 and through 2011, the Fund has been used to acquire only one (1) site.
The Commission established a new process to assist in the implementation of
Commission recommendations.
Other measures focused on improving the effectiveness of the Commission are a
priority.
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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 Kaua`i'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 2011-2012 is $1,558,436.
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. Six of the nine commissioners represent specific geographic
areas of Kauai (Waimea-Kekaha, Hanapepe-`Ele`ele, Koloa-Po`ipu-Kalaheo,
Lihu`e-Hanam5'ulu, Kapa`a-Wailua and Anahola-H5'ena, and three 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
• Input and discussions with members of the public
• Analysis of data collected from public surveys and public meetings
• 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
With the Commission's annual report, now in its sixth year of recommendations,
and the County's success with its first fund-acquisition of Black Pot Beach Park
Expansion, the Commission is now focused on improvements to Ordinance 812,
identification of other feasible acquisition projects, 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 an annual list of priority projects for
acquisition.
In addition to the recommendations listed below, the appendices contain property
abstracts with diagrams/photos of the properties identified in this Chapter.
Recommendations for Priority Acquisition
The Open Space Commission recommends the fee interest or easement-type
rights acquisition for the following properties, utilizing the Fund. The properties are
listed in priority order:
1. Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
The termination of Gay and Robinson's long-standing sugar operations
provides the opportunity to request termination of a State of Hawaii
Department of Land and Natural Resources annual 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. There is an urgency
associated with the acquisition of these properties due to a rare window of
opportunity to obtain these lands for public purposes.
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.
Funds may be used for the necessary subdivision of State-owned properties
and for the acquisition of the private property interests in the beach park
expansion area.
These lands could be land-banked for park and preservation purposes.
2. 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
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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.
Islandwide, the closure of offroad trails 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 property has been on the market for sale, thereby
jeopardizing the current use if purchased by a party seeking to discontinue
the current use.
The acquisition of this sizeable property is compatible with the Commission's
continued interest in "Public Hunting Area C" and the upland recreational
potentials mauka of Kalaheo and Oma`o.
3. Kaneiolouma Heiau Complex Preservation Area Expansion (South)
(K61oa District)
This parcel is the traditional entrance of the Kaneiolouma Heiau Complex,
which has been significant to the island's culture since the 1400's. This
privately-owned parcel is adjacent to County-owned and County-controlled
State-owned land (transferred to the County in September 2011). The public
lands are covered under a County of Kauai Adopt-A-Park Agreement with
Hui Malama O Kaneiolouma for the stewardship of the heiau.
This parcel is zoned Open Special Treatment-Cultural (ST-C) and Open
Special Treatment-Public (ST-P) in recognition of its cultural values.
The Fund may be used to help acquire the Kaha Kai LLC property to
complete the complex.
These three sites comprise the Commission's 2011 recommendations for priority
acquisition and were also recommended for acquisition in the commission's 2010
report. Because of continued public interest, the commission urges the County
Council to take action towards acquisition.
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Other Recommendations
Two of the following recommendations also were originally part of the
Commission's recommendations for acquisition in its 2010 report. After further
investigation in 2011, the Commission recommends that the County consider these
additional strategies to support public access.
❑ Kukui`ula Bay through the former Hoban Property (Koloa District)
On November 17, 2011, the Commission approved for transmittal to the
County Council a dossier encouraging acquisition of public access at
Kukui`ula Bay through the former Hoban property. The transmittal was
made to help implement this recommendation, which appeared in the
Commission's 2010 report.
According to the Commission's 2010 report:
This proposal is to acquire a pedestrian shoreline access
over an existing drainage easement on the former Hoban
property. This existing 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 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). Those funds have been provided to the County's
Parks and Recreation Department for expansion of Po`ipu Beach Park
because no action was taken by the County before 2007, to establish a
shoreline easement over a portion of the former Hoban property in Po`ipu,
which was the recommendation of the Koloa Community Association.
❑ Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen (Koloa
District)
This proposal was included in the Commission's 2010 report. The
Commission has received continued public support for this proposal and is
still interested in shoreline access in this area. The Commission has
determined that more work is needed to specify the acquisition proposal and
possibly open discussions with the landowner to address some of the
public's concerns about public access.
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The Commission's 2010 report stated:
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.
(2010)
❑ Kauapea Beach Access and Other Unresolved Public Access Issues
The Commission continues to be seriously concerned about the lack of
public access to Kauapea Beach from the east end. This access is one of
many that the Commission has identified from the onset of the Commission's
existence. There continues to be high levels 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.
The County Planning Department was responsible in researching this, and
had committed to the County Council that a report would be submitted by the
end of calendar year 2010.
The lack of public access at Kauapea from the east end has been
exacerbated over the intervening years by private landowner actions. The
safety of the public during winter ocean swells (associated with using the
existing west shoreline access) continues to be one of several concerns
about this access.
The Commission reiterates its longstanding concerns about all of the
unresolved accesses.
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3. 2011 Public Input Process
The Commission is required to annually solicit public input. This chapter
summarizes the public input opportunities provided in 2011 and the results.
3.A. Public Input Opportunities
The following opportunities for public input occurred in 2011 and helped in the
Commission's deliberations in putting forth its recommendations:
Regular Commission meetings. The Commission usually met twice monthly on
the 2nd and 4t" Thursdays of the month at duly noticed public meetings in publicly-
accessible meeting rooms in the County's Civic Center Complex in Llhu`e.
Inadequate quorum or unavailability of meeting rooms were reasons for cancelled
meetings. Public comment was allowed during Commission meetings with a
specific agenda item or during the announcements segment.
2011 public meetings. Public meetings were conducted at Salt Pond Beach Park,
Po'ipu Beach Park, and the Moikeha Building of the Li-hu`e Civic Center during
October 2011. These meetings were attended by about 120 members of the
public. Comments were received about Salt Pond Beach Park expansion and Salt
Pond buffer, shoreline access from Lawa`i Kai to Port Allen, Nukumoi (sic) portion
of Kaneiolouma Heiau, and Piwai recreation area.
Public survey. Each year the Commission looks for ways to improve its mandate
of soliciting public input. A paper survey was distributed throughout the island at all
public libraries and neighborhood centers. The survey was also available online on
the Commission's webpage (www.kauai.gov/openspacesurvey.com) available
through the Planning Department.
The survey period for both paper and online surveys was October 5 to 31, 2011.
The Commission received a total of twenty-six online surveys. The sites addressed
by these individuals included: shoreline access between Lawa'i Kai and Port Allen,
the Hanapepe Salt Pans, Kipu Falls, Alekoko Fish Pond, Tunnels Beach, the
former Coco Palms Hotel, recreational uses at Piwai (Oma'o), the Kaneiolouma
Heiau complex and the area known as Mahaulepu. There were also comments
about the land surrounding the Kapa'a Bypass road and the east side mauka of
Waimea River.
Twelve places on Kaua'i were suggested for acquisition. The most frequent
suggested sites were:
• Kaneiolouma Heiau Complex (Koloa District)
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Much of the comments here surrounded the Nukumoi Surf Shop property. They
had no problems with protecting and clearing of the heiau but wanted the surf
shop to remain in the same location noting that it was a great local business that
provides residents with jobs while also serving tourists which was our main
industry. They suggested an alternative route to the heiau rather than
condemnation of property.
• Hanapepe Salt Pans (Waimea District)
Survey respondents mentioned that nearby Salt Pond Beach Park is already
heavily overused so creating a clear buffer zone between the park and the pans
along with park expansion is a much needed acquisition.
• Coco Palms Hotel (Kapa'a District)
People here view this extinct hotel as an "eyesore" looking worse every year
since it is located next to Kuhi`o Highway across of Wailua Beach. They would
like the buildings demolished, save whatever is historical and turn the area into
a museum, park or something that can be enjoyed by both locals and tourists
alike.
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4. 2011 Year in Review
The Commission has continued to work 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 continues to be imperative for resolution since the Commission is an
advisory body only.
4A. Amendment to Ordinance 812
On November 2, 2011, at the Commission's request, the Mayor transmitted to the
County Council a proposed draft bill to amend Chapter 6, Article 14, Kauai County
Code 1987. The draft bill is currently at the County Council for consideration.
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 on the part of the public and the commission. 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.
4B. Commission Vacancies
Three (3) new commissioners were appointed in 2011. As of November, eight (8)
of the nine (9) commissioners are now seated. The Commission is currently
undertaking a process to recruit and appoint the ninth commissioner.
The Commission's authority to appoint the ninth member is specified in Ordinance
812. As currently worded, the Commission is prevented from appointing the ninth
commissioner until all 8 other commissioners are seated. Since 2009, the
Commission has not convened with a full complement of nine commissioners.
Expired terms and resignations have led to vacancies, which require appointments
from either the County Council or the Mayor.
Six (6) meetings out of twenty-four (24) in 2011 were cancelled due to lack of
quorum.
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4C. New Process to Assist in Implementation of Commission
Recommendations
In 2011, the Commission implemented a new process in an attempt to assist the
County Council in implementing selected Commission recommendations for priority
acquisition. This new process involved the preparation of dossiers that outlined a
proposed strategy for acquisition of a selected site. While a few draft dossiers were
discussed and prepared, only one dossier has been submitted to the County
Council for consideration. That dossier, for access to Kukui`ula Bay through the
former Hoban property (Koloa District), was approved by the Commission on
November 17, 2011 for transmittal to the County Council for consideration.
4D. A Call for Action
The Commission unanimously agrees that action, in some form, on one or more of
their recommendations is warranted.
Since 2005 and through 2011, the Commission has submitted to the County
Council and Administration fifty-nine (59) site recommendations for thirty (30)
separate locations. The majority of these recommendations are for the use of the
Fund, but a few locations involve acquisition without necessitating use of the Fund.
Since 2005 and through 2011, the Fund has been used to help acquire only one (1)
site (Black Pot Beach Park Expansion—Hodge property).
Even during austere times when the size of the fund has been modest in
comparison with the high cost of land acquisition--particularly for coastal lands--the
Commission has identified lands that can be feasibly acquired.
There are some significant changes that have occurred within the Commission and
more is expected soon if the draft amendments to Ordinance 812 are adopted. In
May 2012, the terms of the last two Commissioners originally appointed to the
Commission will be expired. Commissioners, particularly the newly ones, are
questioning the value of their voluntary service to the County when results of their
cumulative work over a six-plus year period have resulted in only one acquisition.
In addition, the Planning Department's failure to address unresolved access issues
first brought up by the Commission in 2005 are still unresolved.
Real measures to focus on improving the effectiveness of the Commission is a
priority. If not, Commissioner vacancies will once again be problematic. More
importantly, the public's trust to meet its needs for public access, open space, and
natural and cultural preservation through the Fund, will continue to be unfulfilled.
Our potential to help provide a lasting legacy for future generations of residents and
visitors will largely be unmet.
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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
Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
Fee
T=
STATE OF HAWAII
418008020 -
.y
fV'b Y
ROBNSON FAMILY PARTNERS
418008051
STATE OF HAWAII
K 1 418008044
Owners TMK Address Acres Assessment
State of Hawai'i(Gay& Robinson Inc, Lessee) (4)1-8-008:020 Kaumuali'i Hwy 373.060 $1,299,500
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
375,866 $1,531,100
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.
Proposed Piwai (Oma'o) Recreation Area (Koloa District)
Its
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Owners TMK Address Acres Assessment
McBryde Sugar Co LTD (4)2-5-001:002 Kaumuali`i Hwy. 122.472 $1,120,300
McBryde Sugar Co LTD (4)2-5-001:008 Kaumuali`i Hwy. 81.82 923,600
204.282 $2,043,900
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.
Kaneiolouma Heiau Complex Preservation Area Expansion (South)
Sim „aA POIPU POAD •� �;/y' 1p1 �•
�M • �S'11�__y � 1 Yr i
# / y•- f_O UIIN OF KAUAI ,1 .X STATE i�F HAWAII
4s1•ri ( 18017013 "
A'; t ,-, fir{+ 5x?fJ �[ `•'.ika��' 1 �..'-'` _,��.,
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_ •�kte �� COMITY OF,KAUAI.
°• .y,_ }•f:r1.• + 18017011': l' •
IPL
COMITY OFKAUAI r •• �` f' 1T�;�
18017023 - KAHA KAI COIIDOMIIIUM eLil
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POIPU BEA H PARK
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 $587,200
Kaha Kai LLC (4)2-8-017:016;0002 Hoone Rd .484 $766,200
Kaha Kai LLC (4)2-8-017:016;0003 Hoone Rd .484 $1,660,200
1.202 $3,013,600
Recommendation:
• This parcel is adjacent to County owned land and is part of the culturally significant
Kaneiolouma Heiau Complex of Po`ipu.
• The public lands are covered under a County of Kauai Adopt-A-Park Agreement with
Hui Ma-lama of Kaneiolouma for the stewardship of the heiau.
• 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.
Appendix D
Island Map indicating all Acquisition Recommendations
Public Access, Open Space and Natural Resources Preservation Fund Commission: 2011 Recommendations
Legend
Project Recomrrnendationc, _
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Salt Pond Beach Park Expansion / f
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KaneioloumaHeiau Complex
0 5 10
Appendix E
Current and Prior Year's Priority Recommendations
Current and Prior Years' Priority Recommendations
Year 2011
• Acquisition:
• Salt Pond Beach Park Expansion (Mauka and West) and Buffer Area for
Protection of Hanapepe Salt Pans (Waimea District)
• Proposed Piwai (Oma`o) Recreation Area (Koloa District)
• Kaneiolouma Heiau Complex Preservation Area Expansion (South) (Koloa
District)
• Other Recommendations:
• Access to Kukui`ula Bay through the Former Hoban Property (Koloa
District)
• Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen
(Koloa District)
Year 2010
• Acquisition:
• 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)
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:
• H5'ena Point Properties (e.g., Brescia Property, Hanalei District)
• Coco Palms Property (Kawaihau District)
• Alekoko Fish Pond (Llhu`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 (Lihu`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 (Li-hu`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)
• P7a`a (Hanalei District)
• Kauapea / Secret Beach 2 (Hanalei District)
• Expansion of Black Pot Park (Hanalei District)
• Canela — Makai (Hanalei District)
Appendix F
2011 Survey Questionnaire
g o n — County of Kauai
° Public Access, Open Space, and Natural
r O Resources Preservation Fund Commission
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Un o
Q0 o' Assist with Planning
M =3 7� Ln
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r-r
O October 5, 2011 - 6:00pm - Salt Pond Park (Main Pavilion)
�
-0 October 6, 2011 - 6:00pm - Po`ipu Beach Park (Main
(D Pavilion)
rD r October 13, 2011 - 4:30pm - Moikeha Building
3 (Meeting Room 2A-2B)
� n
W rD See inside for more information regarding projects under
consideration and commission work.
You can also provide input online at:
www.kauai.gov/OpenSpaceSurvey
For more information, call 241-4050
2011 Public Input Process Overview Assist with Planning Projects for Public Benefit
In 2010, the County of Kaua'i 's Public Access, Open Space and Natural
Resources Preservation Fund Commission identified six (6) sites that the Come Talk with the County's
County should consider for acquisition using the Open Space Fund. In Open Space Commission and Staff
2011, the Commission would like to work more with the communities
engaged with these sites to identify strategies for protection and/or about the sites identified in the
acquisition that will assist the County in its Open Space Fund planning. 2010 Open Space Priority List
The public may also make suggestions for other lands or property ❑ Salt Pond Beach Park Expansion (Mauka and West) And
entitlements (like access ways) that the County should consider for Buffer Area for Protection of Hanapepe Salt Pans -
purchase or to otherwise acquire. October 5, 2011-6pm - Salt Pond Beach Park (Main Pavilion)
Please use this form to share information about a place or access you ❑ Kaneiolouma Heiau Complex Preservation Area Expansion
would like to see protected or acquired. Use one(1) Form for EACH Site
Suggestion. (South) also known as Nukumoi [sic] Surf Shop Property -
October 6, 2011-6pm - Po`ipu Beach Park (Main Pavilion)
1. Address, place name and/or common name of site
❑ Proposed Piwai (Oma'o) Recreation Area -
October 13, 2011-4:30pm - Moikeha Building (Meeting
Room 2A-2B)
2. Other helpful information like owner's name, tax map key (TMK#): Other suggestions (form on left side) are
DUE NO LATER THAN 10/15/11
fax to: 241-6699
or mail to:
County of Kauai Open Space Commission
3. What type of protection do you suggest for this place? (Done) 4444 Rice Street, Suite 473
1] acquire property El acquire easement Lihue, HI 96766
1-1 other (specify):
Survey also available online at:
4. Why do you suggest this place? What's the opportunity/ problem?
www.kauai.gov/OpenSpaceSurvey
For more information about the
Open Space Program, visit:
www.kauai.gov/openspace
Survey available online: www.kauai.gov/OpenSpaceSurvey