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HomeMy WebLinkAbout2012-08-09 Open Space Commission Minutes - approved PUBLIC ACCESS, OPEN SPACE &NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES August 9, 2012 A regular meeting of the Public Access, Open Space &Natural Resources Preservation Fund Commission of the County of Kauai was held in the Lihue Civic Center, Moikeha Building, in meeting room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson Maurice Nakahara, Vice Chairperson Linda Dela Cruz Patrick Gegen John Lydgate Absent and excused: Nathaniel Childs Luke Evslin The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Chair Figaroa called the meeting to order at 1:20 p.m. APPROVAL OF AGENDA On the motion by Patrick Gegen and seconded by John Lydgate to approve the agenda, the motion carried by unanimous voice vote. ANNOUNCEMENTS There were no announcements by staff. APPROVAL OF MEETING MINUTES Regular meeting minutes of 7/12/12. 1 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes On the motion by Linda Dela Cruz and seconded by Maurice Nakahara to approve the meeting minutes of 7/12/12, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive for the record. UNFINISHED BUSINESS Update and discussion of the Commission's work plan/timeline of events and activities through 2012,to include future Commission education topics. Deputy County Attorney Jung stated that the Native Hawaiian Legal Corp. is willing to fly over to do a presentation, but they would want at least a one month notice. Kawika Smith from the Na Ala Hele trails program is also willing to speak about their program. He suggested a panel where each presenter could speak for 15-20 minutes each. Staff planner Dale Cua could also talk about public access through the subdivision code. He suggested a large land owner be invited to talk about the downfall of opening property for public access despite the protection of HRS 520. He questioned possible dates for the workshop. Commissioner Gegen stated that he would not be available on October 11. He requested that staff send out an email to verify when the majority of Commissioners would be available. He questioned if Council will be appointing two new commissioners soon. Deputy County Attorney Jung stated that Council is still working on appointing commissioners. Commissioner Gegen felt that the majority of commissioners should be available so they all have an understanding of the issues. Chair Figaroa questioned if representatives of large land owners could be invited if the owners were not available. He questioned the possibility of Tom Shigemoto. Deputy County Attorney Jung stated that he would probably be the first person he would ask. Commissioner Lydgate suggested possibly members of the Knudsen family. Vice Chair Nakahara stated that the public access workshop is listed for discussion under new business. He suggested deferring further discussion on the workshop until Ms. Sadora arrives. 2 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Chair Figaroa stated that former Commissioner Souza forwarded information regarding an upcoming facilitation workshop by Donna Ching and suggested that Commissioners attend that training. Commissioner Dela Cruz agreed that it would be a good idea. The first workshop is already filled but there is another workshop in October. Ms. Sadora joined the meeting at 1:30 p.m. She stated that the workshops are held on Oahu and are normally a couple of days long. She stated that she can provide the information to all of the Commissioners but she would need to look at the budget. Status on acquisition plan for a portion of TMK(4) 2-6-003:017 to obtain a pedestrian public beach access easement to Kukuiula Bay through the former Hoban property. Ms. Sadora stated that the appraiser they had hoped to hire backed out due to the amount of work that would be required. She stated that the initial appraisal that was done in 2007 was extensive. The previous company is allowing the Department to provide that initial work to an on-island appraiser so a lot of the research is already done. An on-island appraiser would just have to do an assessment of the property and the comparatives. She re-approached two appraisers and she is waiting to hear back from them. She noted that it would involve a lot of work for such a small piece of assessment,but with most of the work already done, they may be more willing. She stated that the initial appraisal cost$4,500,but there would be additional costs for travel, etc., if they need to utilize the Oahu company again. Deputy County Attorney Jung noted that the on-island appraisers are hesitant because of the complexity of valuating an easement versus a fee interest in land. Commissioner Gegen questioned the initial appraised value. Ms. Sadora stated that it was initially assessed at $140,000 in 2007. Commissioner Gegen questioned the possibility of approaching the owners with that amount as a starting point. Deputy County Attorney Jung stated that his initial conversation with the land owner's attorney was that they would get the true value before they start negotiating. Ms. Sadora stated that most appraisals are good for a 6 month window, so the initial assessment is considered stale dated. Commissioner Lydgate stated that we need to get moving on this project. 3 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Commissioner Gegen suggested attempting to utilize the assessment from 2007, and factoring in what has happened to the real estate market since. He felt that offering $5,000 toward constructing a wall would go much further than going for another appraisal. Ms. Sadora stated that she will be hearing back from the on-island appraisers in the next couple of days. Discussion on the Commission's presentation of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission 2011 Report to the Mayor. Chair Figaroa stated that he has no problem with presenting the report. He asked for volunteers to attend and assist in the presentation. Ms. Sadora stated that the appointment with the Mayor is scheduled for Wednesday, August 15. Chair Figaroa questioned if they are able to invite previous Commissioners. Deputy County Attorney Jung stated that they can be invited since they are no longer Commissioners. He noted a change to the Sunshine Law that allows less than a quorum to attend conferences,but there is still a fine line, so he suggested limiting Commissioners to two. Commissioner Gegen stated that ideally the second person should be someone who worked on the report. Commissioner Gegen stated that he wouldn't be able to add much to the 2011 report,but can be available to attend and to hear additional comments or concerns from the Mayor. NEW BUSINESS 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. This executive session was held pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session was to consult with the County's legal counsel on questions relating to the above item. This consultation involved consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. Deputy County Attorney Jung noted that this is a standing agenda item for unanticipated legal questions. He will reformat this item for the end of the agenda like they do for Planning Commission and Council meetings. 4 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Commissioner Gegen questioned if the Commission will be pursing all of the recommendations in the 2011 report. Deputy County Attorney Jung stated that the Commission has pursued an acquisition through a dossier process. The Black Pot acquisition was a joint venture between the Kauai Land Trust and the Commission. He stated that the dossier system involves an additional report to Council and they are currently working on the access to Kukuiula Bay. He suggested looking at other dossiers if there is a project they would like to move on. He noted that at the last presentation to the Council, they seemed to want an acquisition plan for each of the recommendations. Ms. Sadora stated that there is a push to provide an acquisition plan for all of the recommendations regardless of whether or not the Council decides to pursue them, because the Council can't act unless there is something to act upon. Commissioner Gegen questioned if Deputy County Attorney Jung's suggestion to discuss which properties they want to pursue should be the priority. Ms. Sadora stated that the Council seems to want to go with whichever recommendation is furthest along. Deputy County Attorney Jung stated the Council would need to take action twice; once to authorize the use of the fund, and then to begin the work on the land sales agreement. Ms. Sadora stated that part of the organization is for staff to look at other funding mechanisms. She stated that Legacy Lands was considered as a funding source for Black Pot was because a lot of the work was already done. She stated that the recommendations aren't at that point. Chair Figaroa clarified that they would do all the research and assembling the packaging first, then it goes to Council for funding. It would be more secure to see a whole package assembled. COMMISSION EDUCATION Status update regarding upcoming educational sessions, including a Public Access Workshop. Deputy County Attorney Jung stated that they covered most of this topic in an earlier agenda item. He noted that Commissioner Gegen will not be available on October 11. Commissioner Gegen felt it would be good for as many commissioners as possible to attend the workshop. 5 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Commissioner Nakahara stated that he will also be off island on October 11. Commissioner Gegen suggested the workshop be scheduled later in October or early November with the hope that they may have new commissioners appointed by then. He felt that the more stability and education they can create would be beneficial. Commissioner Nakahara suggested October 25. Chair Figaroa stated that he would need to check his schedule. He will be out of the country in October. Commissioner Lydgate stated that the last master plan was in 1978 and he questioned if there were any updates from Parks & Recreation. Deputy County Attorney Jung stated that expansion of Salt Pond was not included in the parks master plan. Commissioner Lydgate stated that the Commission would like to encourage the expansion and would like to get more information. Deputy County Attorney Jung stated that they were going to check if Parks &Recreation anticipated any type of expansion of the park and they did not anticipate any expansion. He will have staff contact the Parks planner, but they are probably not anticipating the County acquiring any land there because no legwork has been done on moving that forward. Commissioner Lydgate stated that public opinion seems to suggest that people would like to see some action there. Deputy County Attorney Jung stated that the master plan is just a plan. If we do acquire property, they would incorporate it into the park system. Chair Figaroa questioned the categories of land and the benefits of a conservation easement. He asked if it is designated without a purchase. Deputy County Attorney Jung started that it is an agreement between one managing entity and the land owner. They don't actually own the land in fee but in interest referred to a restrictive covenant. There are restrictions on the use of that area, such as no density or no access. Some of the forestry lands don't allow access to avoid spreading invasive species. Chair Figaroa questioned if it would be beneficial to explore with some of the properties they are considering. 6 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Deputy County Attorney Jung stated that in looking at open space, preservation, and natural resources, they could make a logical and valuable argument that an area is pristine. The County could purchase easements to protect areas for preservation purposes. Chair Figaroa questioned if purchasing an easement would be like purchasing a right. Deputy County Attorney Jung stated that an easement is a right to use versus fee interest which is actual physical control and ownership. Chair Figaroa stated that if they can creatively figure out conservation easements, maybe they can acquire more than they think. Commissioner Lydgate questioned if they need to acquire anything or just leave them as an easements. Deputy County Attorney Jung stated that in most cases there would need to be a grant recorded at the Bureau of Conveyances for title and reference so it can be enforced. He referenced a farmer on Oahu near Sunset Beach whose taxes were going up due to development around him. He agreed to a conservation easement through the equivalent of the Oahu Land Trust, so they could preserve that land,but he could still manage the property. Commissioner Gegen noted that if the owner decides to later sell the property, the easement would continue indefinitely. Commissioner Dela Cruz questioned the taxes. Deputy County Attorney Jung agreed that it would be novel and progressive to evaluate conservation easements. He noted that it is still the land owner's property burdened by a specified use in the easement document. Chair Figaroa questioned if the price of the easement is evaluated against the value of the property. Deputy County Attorney Jung stated that it depends on the terms of what kind of use is allowed. In some cases, conservation easements could allow for buildings, so it depends on how it is structured and negotiated. Commissioner Gegen stated that it would also depend on what kind of land it was to begin with. If someone wanted to preserve open space in the middle of Lihue, but there could have been 20 lots, the value would be high. Commissioner Lydgate referenced the forest reserve in Kokee that was fenced to keep animals out of the preserve. Some of the people who supported hunting were opposed to the fence. He believes there was an easement. 7 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Chair Figaroa stated that there could be an opportunity for easements since they are limited on their funding. Commissioner Gegen noted that they are trying to acquire an easement at Hoban and not the entire property. Deputy County Attorney Jung stated that Hoban would be the first easement acquisition they are pursuing. He noted that the fund has to accumulate. Commissioner Gegen noted according to Council Chair Furfaro, it doesn't have to be limited to the fund. They could utilize the fund to take care of the leg work and part of the down payment and then the County could use a bond or other funding. Commissioner Lydgate stated that they could also enter into a partnership. Commissioner Gegen agreed that the fund is a limitation, but if they can find something fabulous, they can enter into discussions with the Council and other Departments. He stated that Salt Pond is a great example. Determine how the property is set up, where the ownership lines are and depending upon the long range plan, perhaps purchase a larger portion. Commissioner Lydgate stated that they could look into trading with the State. He noted that the County was able to give the State something in return at Lydgate, referred to as reciprocal maintenance. Deputy County Attorney Jung stated that the State has approached the County to try to work cooperatively to maintain the State and County parks. He stated that he will update the Commission on that initiative at the next meeting. Commissioner Lydgate stated that it is in the public's best interest and stated that this is how the government should be running. He stated that he wants to get things going before his commission expires. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa stated that the next meeting will be on August 23 and the unfinished business items will be continued on the next agenda. Deputy County Attorney Jung stated that he will probably have an update on Kauapea at the next meeting. Commissioner Nakahara noted that the update on the report to the Mayor would be considered new business. 8 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes Chair Figaroa requested an update on the possibility of Commissioners attending the facilitation workshop with Donna Ching. He noted that selection of Chair and Vice Chair will be held in September. Commissioner Gegen requested a discussion on the recommendations that were made in 2011 to start the legwork on priorities they may want to follow upon. The Commission has met with the Council and will meet with the Mayor and they can assemble all of the suggestions and recommendations to determine what they would like staff to start pursuing on their behalf. Chair Figaroa agreed that the Commission should update their priorities and develop their own system. He requested a discussion under new business. Commissioner Gegen suggested that they may want to look at all the accesses on the island and decide if they want to make that part of their prioritization. ADJOURNMENT Chair Figaroa adjourned the meeting at 2:20 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 9 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-08-09\Minutes