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HomeMy WebLinkAbout2014-12-18OpenSpaceMinutesApproved 'I I Of! le Ile COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date December 18, 2014 Resources Preservation Fund Commission Location. Mo' ikeha Building — Meeting Room 2A/2B Start of Meeting: 1 : 08 p.m. End of Meeting: 4 : 15 pm, Present Chair Joseph Figaroa (entered ] : 72 p. m); Members : Dorothea Hayashi, Teddy Blake, Karen Ono, Randall. Blake, Ivory McClintock Also present: Deputy County Attorney Ian Jung; Planning Department Staff: Michael Dahilig, Nani Sadora, Duke Nakamatsu; Boards and Commissions Staff: Support Clerk Cherisse Zaima; Administrator Paula Morikami Excused Linda Dela Cruz; Pat Gegen Absent •-:xx w..., ..:.: .::...._.«.........�b.....C..,.....y._, _«nG.1.-.S�.,Ek...2.y...°.y-'.:4:.a°1,._-.«..w.s.m....,".:J'^.:....A.........i...Lw.....4-........L...^....:..�.._1...'4..::J.a..._.F e...«°-...«o-.««..6w....r........is..+o.....n^...,:Eo-.....'-_.^».`...•.:.intl.--..E..»Y......a.e.c.Y_.!..^.._....e.f..:Y..-'..9...:.:...-:..:..._...�_.......5.._.`.'J._s.a%yS.:SL.:..L...?i«....^«...:...S..�..W..:C P,..s..".e..'e^_.:....-.m.w._..:._4..:'.....^a.....°.............L..3_—.r...«u-.-«_..l 4.4w.a,«-««m...m...«..«...wx«3...^m...,..«b.k.P.....«.....J...a..P.....«.»3-..........._.._Z.S.».L..w....L..-5_.....:...._..:....:..s...a..-C4..r:.m....Y...G w.%-.w.T.v�«°.«.-wA:..e.v..J.u__f.__.l......:«:..m...»».C._..�.._...•..�....-t'�.,8:.._:....-�...-Y«-sx»C..m..«.�-.e.f.w.«o�,x....-.^......,C«........_...�.mo>«._.u........_,...�_Y.,..ry.�.-..Y.T-^....«-..w..........».s m..P.s..X........5-...........x...«.....a-....w.......»..._.«...............-°..,................»........-..Y..........t._.4,.__..3.t_.-._..«C.._..«...«....««n_.«_._«««.,.._«.w_....._.«.._a....P...._q.-..e...»Cn...,C...-.._...e..,.....a......e.-_......_«...........a........._....-.t_......_..�.......3_..m......a_..L...t.-v._»_._-.«a_v w_.v wL-_.w-.a_»...«.....o.........u.....w-.«.....O_..G......C..Ltix...._.:....r[. E.C..:.......,.L....._«.........[.f e......................_�..d...«..L%>a.»s:.5.Y d.:«.n«....:....n«[I...n4..<u_«._.._»w.......u....o-...- �....$..1.Sa:.<-...r'...:f._".._...._.__.2._.__-._.._'.. ._-. . nJa ... w -..3.. e . t. .,. . .. .... kllll .u .. __. _ c< .. .... ..... ... n .w « ...— SUBJECT ._.±L...._..S._t.._._�.._.. .:.... ...^..;d.......:.0. .«...:.t.e.=..:...i..'.,:.e...i..v.._e.ae.«.:.. .:.:.:_. DISCUSSION ACTION Call To Order Commissioner Hayashi moved to nominate Commissioner T. Blake as Chair Pro Tem. Commissioner McClintock seconded the motion. Motion carried 5 : 0 . Approval of Deputy County Attorney Jung noted that Planning Director Michael Dahilig, Agenda and Boards and Commissions Administrator Paula Morikami were present to discuss Item G. 8 if the Commission wished to take that item out of order. Commissioner Ono moved to entertain Item G. 8 as the first item on the agenda. Commissioner McClintock seconded the motion. Motion carried 5 : 01 Ms . Sadora requested Item G. 1 be taken out of order as well as Long Range Planner Marie Williams had a presentation of the South Kauai Community Commissioner Ono moved to take Item G. 1 out Plan to deliver. of order. Commissioner McClintock seconded the motion. Motion carried 5 : 0 . Announcements There were no announcements. Approval of There were no minutes for approval. Minutes Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18 , 2014 Page 3 SUBJECT DISCUSSION ACTION twice a month, which is labor intensive for the Department, and each department is trying to do their part to consolidate resources, and be more operationally efficient. An idea Mr. Dahilig does endorse is having one scheduled meeting a month, but should a second meeting be necessary the Commission can schedule such meeting on demand in accordance with the Sunshine Law. This will allow the Department to better distribute their resources appropriately, and maintain service. It has nothing to do with any one service or function being more important than another, but he is in a position where he must make strategic realignments to the staff to ensure services are maintained across the board. Mr. Dahilig noted that the Boards and Commissions' office is also unable to fill a vacant position they currently have, which results in the Department having to pitch in where necessary. He does not think it is a bad thing for everyone to work harder to be more efficient, and use County taxpayer money more wisely, but they would like the Commission' s consent to hold one scheduled meeting a month, and a second meeting if necessary. Chair Figaroa asked to clarify Mr. Dahilig' s first concern is to make better use of the Department' s staff in other areas . Mr. Dahilig replied it is not only to make better use, but also maintaining service levels. The Department has an obligation to process permits in. a timely manner, and are required by law to do so . Because there is a loss of one position that mainly handles the front counter, it creates a domino effect in the Department requiring them to redeploy resources to maintain front counter service at status quo . Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18 , 2014 Page 5 SUBJECT DISCUSSION ACTION areas is the key purpose. Chair Figaroa questioned that if they maintain the level of service at the front desk, will the level of service be maintained for this Commission. Mr. Dahilig replied that is the reason they are suggesting having one scheduled meeting a month, with a second meeting if necessary in an attempt to consolidate items to be handled on a monthly basis. Chair Figaroa stated his concern would be considering the current level of service, does this mean they could expect things to take six months longer, or one year longer; that sets them back even further. He feels that the Department would be increasing the level of service on one end, but decreasing it on the other. He referenced Mr. Dahilig' s comment about funding, but stated to his knowledge the funding is separate, noting this Commission receives a certain percentage from real property taxes, part of which is allocated for staffing. Mr. Dahilig replied that is not necessarily true, explaining there are General Funds earmarked to this Department that support the Commission' s Planner, which is part of the blended fund amount for that. Additionally, the clerks that support this Commission are funded through the General Fund, not the Open Space Fund. He pointed out that should the Open Space funds be spent down, the funds to pay for staffing will consequentially drop as well because it is based on a percentage of the fund balance. The Council found that it was not a reliable source of funding for the operation of the Commission, which is why General Funds are also appropriated for positions to support it. In response to Chair Figaroa, Mr. Dahilig explained the Open Space Fund is a separate fund where a percentage of real property taxes is, by law, put into the budget that is then siphoned out, and put into a special fund held Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18 , 2014 Page 7 SUBJECT DISCUSSION ACTION is the Mayor that sends over the budget based on the totality of circumstances around the County. Commissioner R. Blake stated he feels this would be a conciliatory act to move to one meeting a month, in hopes they can keep their level of funding through real property taxes. Chair Figaroa stated funding is funding, but questioned will they actually get something done. Commissioner R. Blake stated from his observation they have more realistic possibilities now than they did when he first started, and they may need to be more selective in what they focus on, and prioritize better. Chair Figaroa commented that it is safe to say that the Commission has dedicated support, but not dedicated staff to which Mr. Dahilig confirmed they have dedicated support, but not dedicated specific staff. At the end of the day, the staff reports to him as they are his employees that he is responsible for. The Department understands the work demands, and it is their job to help support that, but if they can be more streamlined in agendizing of items that would be a big help from an operations standpoint as it will allow him to selectively move staff around as necessary. Commissioner T. Blake asked to clarify that they are talking about moving to one meeting a month as the Department is not being allowed to fill vacancies. Mr. Dahilig replied the vacancy issue does not directly have anything to do with this Commission, but will ultimately affect this Commission. Commissioner T. Blake asked whether the fund from real property taxes is on the table for discussion to which Mr. Dahilig replied he cannot speak for the Finance Department on that issue. Commissioner Ono asked if the Commission needs to vote to go back to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session , December 18, 2014 Page 9 SUBJECT DISCUSSION ACTION fall to the wayside to which Ms. Blaich affirmed. Chair Figaroa commented that going to one meeting a month is more convenient, but many things may fall to the wayside, and prolong their efforts rather than being constantly on it. Commissioner Hayashi stated since the rules require one meeting a month, yet allowing the option of having a second meeting, that still leaves them open to having two meetings a month. She recalled that recently there have been many meetings they had to cancel, and feels as long as the option for the second meeting is there, they should be fine. Chair Figaroa stated he needs time to wrap his mind around it, and look at all the different facets before he is comfortable with making a decision; he doesn't want to rush, and regret it later. Commissioner R. Blake proposed to keep the 2015 calendar as is, but still have only one meeting a month, and should they require a second meeting, at least the room will already be booked. However, should they not need a second meeting, they do not have to schedule one. Attorney Jung suggested, in an effort to clean up the discussion, that the Commission go back to the once a month meeting, but leave a standing agenda item to allow them to vote on doing a second meeting that month if they feel it necessary because under the rule a second meeting must be designated by the Commission. Commissioner McClintock agreed with Commissioner R. Blake, and added that she requests that the agenda items staff sends out be reviewed by the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18 , 2014 Page 11 SUBJECT DISCUSSION ACTION explained the dairy is being proposed on Important Agricultural Land (JAL) as designated by the State. Chair Figaroa asked whether the developer of the proposed dairy ever interacted with Ms. Williams when they were proposing the dairy. Ms. Williams replied no, but explained that this is a long-range plan looking 20 years out to the future, and during the course of that plan' s development projects will occur, and may not necessarily match the plan. The plan does support the idea of having thriving farms, and they want to ensure agricultural lands remain so . As a Department, they feel the General Plan would be the best time to examine the Agricultural district as a whole to determine if there are any agricultural uses that are permitted — which dairies are — that may not be suitable in certain areas. Chair Figaroa asked when the Department is creating a General Plan, are any proposals coming through informed that they may not fit into the plan, or do they just accept it. Ms. Williams explained that they are given a heads up of what is going on, but development is still allowed to occur under the current laws. Chair Figaroa asked what stage is the South Kauai Community Plan in at this point to which Ms. Williams replied it has just been approved by the Planning Commission, and will be going to County Council in January. From that point on it will guide future actions, but some zoning changes related to form based code will take place as soon as the plan is approved for Kalaheo Town and Koloa Town. Chair Figaroa asked how the community feels about the plan to which Ms. Williams replied there is not just one voice, but they were able to reach out Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18, 2014 Page 13 SUBJECT DISCUSSION ACTION mentioned in the presentation. The Commission received testimony from Beryl Blaich, board member of Malama Mahulepu who provided some follow up about the study as well as information about National Park Services, and what they offer. Commissioner T. Blake stated when the National Park Service is involved bunting, gathering, and fishing is always questioned, and asked how that will be addressed. Ms. Blaich replied it would depend on the kind of designation, but noted fishing can never be restricted in a National Park, and hunting and gathering needs to be written into the bill, but there are designations to allow it. Referencing Important Ag Lands, Ms. Blaich noted the dairy takes up about 582 acres of the 1 ,500 acre swath, and will be located in the flat lands at the bottom of the valley of Mahaulepu. Commissioner R. Blake asked to clarify that the coastal areas are special protection areas to which Ms. Blaich replied she feels the whole watershed is important, and there are cultural sites within the valley where the IAL lands are. However, the coastal area has been where the public is most familiar with because Grove Farm has kept it open. Unfinished F.2 . Update on recommendation to County Council for condemnation Business resolution for a portion of TMK (4) 2-6-003 : 017 to obtain a pedestrian public beach access easement to Kukui `ula Bay through the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui` ula Bay Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18, 2014 Page 15 SUBJECT DISCUSSION ACTION Chair Figaroa commented that he feels if they are an advisory to the Council, they would just go directly to them, but he surmised that it is different in government. Commissioner T. Blake stated that 20 percent of the easement they are looking at is already a County easement, and asked whether they are paying for 600 feet or 480 feet. Attorney Jung explained an easement has a specific and identifiable purpose, and must be used for such . An easement is simply an interest in someone's land for a specific purpose, and if you begin to use it for other than its specified purpose, it is a violation of the easement document, and as a result the dominant tenants can take it away from the County. In this case they have to do a condemnation because the land owner is not willing to sell. The Commission on received testimony from Tessie Kinnarnan who provided follow up on where things are at. She noted that the last time she was on the Commission, Mayor Carvalho was very enthusiastic about the Hoban property, and she would like the Commission to encourage him to move it along. She asked what the timeline is for it to get to Council to which Chair Figaroa stated the packet will likely reach Administration tomorrow. Attorney Jung reminded the Commission of their advisory role, stating it is up to the Council to introduce resolutions, and if they want to lobby the Council they can do so individually. The Mayor' s office also needs time to evaluate the proposal, and look into whether or not they see it as adequate spending of the money. Only the Mayor' s office, and the County Council can introduce Ordinances, and the Commission does the legwork behind acquisitions and condemnations . Commissioner T. Blake asked what Council Committee the resolution Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18 , 2014 Page 17 SUBJECT DISCUSSION ACTION simply reflecting the Commission's activity for the past year; recommendations are done biennially. To address Mr. Rowe ' s question, the Commission has a running document of all past recommendations since the inception of the Commission to allow them to act on anything that may come to light. The recommendations are always in existence whether or not they are being worked on for that year. There are no recommendations being listed on the status report. Chair Figaroa stated according to his knowledge Kaneiolouma is still on the priority list; it never left. Mr. Rowe asked if they should move on trying to get the Nukumoi property. Chair Figaroa stated that particular item is not on the agenda, and cannot be discussed now. They will address it when it does come back on the agenda, and Mr. Rowe will be welcome to provide testimony. The Commission received testimony from Tim Kallai who read a letter concerning this item into the record. (On file) The KNA is wondering whether this body has ever had an opportunity to sit down with the representatives and have a meeting, and asked for an update on the status. Chair Figaroa stated to his knowledge they have not had any response back, and asked whether KNA has gotten any response. Mr. Kallai stated KNA' s President Yoshi L' Hote had an opportunity a while ago; however, as of yet there has not been any ongoing communications concerning this issue. They are unsure where this will go. Mr. Kallai commented that they are talking about an entire community whose namesake is focused around this site, and questioned how things like this happen if a land owner comes here, and because they have the financial resources to purchase something like this, to keep the community ....... .... Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18, 2014 Page 19 SUBJECT DISCUSSION ACTION Commissioner Hayashi asked to clarify that Mr. Somers' representative had worked with the community to which Mr. Kallai stated he can't answer to that, noting the President of the association may have possibly communicated with him, but he is not certain. Commissioner Hayashi recalls from that Planning Commission meeting she viewed on television that members of the public came forward to give their comments. The end result was one did not realize that the conditions were written in such a way that the land owner can keep people out. Mr. Kallai stated if he is not mistaken, he believes it went through a process where it was acquired by the Hawaii Islands Land Trust (HILT), and was put into a conservation easement. Commissioner Hayashi stated for clarification that at the time, the community asked if they could have permission to enter the property, and the land owner said yes; she is trying to clarify whether she is wrong about that. She recalls that community members reached an agreement with Mr. Somers, and trusted he would give them access rights, but he has now changed his mind. Mr. Kallai stated he was not privy to those hearings . Attorney Jung explained for clarification that it did go through a full public process, and a contested case hearing where the community was involved. He explained there was already access to the river through the roadway, which Mr. Somers was going to improve, but access to the falls was at the applicant' s discretion. It was up to Mr. Somers whether or not to a low it, and there is no mandatory requirement for access going up to the waterfall. The meeting recessed at 3 : 04 p.m. The meeting resumed at 3 . 21 p .m. F .4. Update on Commission education topics Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18, 2014 Page 21 SUBJECT DISCUSSION ACTION Chair Figaroa confirmed that this used to be Commissioner Evslin' s position. Ms. McClintock will also be resigning. Ms . Sadora stated Ms . Morikami updated the Commission, and the Mayoral appointed position is still being recruited for. The meeting recessed at 3 :45 p.m. The meeting reconvened at 3 :47 p.m . G. 3 . Review and discussion on spreadsheet of commission's task list Ms. Sadora explained any staff requests will go on this list, and show the status . G.4 . Review and discussion on CGB/Evslin properties further identified as Tax Map Key (4) 1 -3-005 : 040, 053 , and 054 Chair Figaroa stated he feels those are two really good parcels for the Kekaha community. Commissioner Hayashi asked if they can go to the community first to ask. how they feel. Chair Figaroa referenced the burials on the site, and asked should they acquire the property will they protect the burial site. Commissioner R. Blake explained they would make a recommendation to acquire the property, and the County will determine how it is managed. G. 5 . Discussion on upcoming field trip scheduling Commissioner T. Blake recommended they combine Items 4, 5 , and 6 since they are all properties on the South Shore, and it is difficult to organize field trips. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 18, 2014 Page 23 SUBJECT DISCUSSION ACTION they can visit that property and look down on Salt Pond. There was more discussion on the routing for the field trip, and which sites they want to view on which day. G. 6 . Review and discussion on access to Law` i Kai beach This item was included in the previous discussion. 0. 7. Review and discussion on possible recommendation for acquisition of 35 acre property in Oma`o further identified as TMK: (4) 2-7-004 :002 Ms. Sadora provided maps of the TMK to give the Commissioners an idea of where this is. Chair Figaroa asked who presented this for acquisition to which Attorney Jung replied Vice Chair Gegen received an email about it. Ms . Sadora stated it is currently listed for sale. There was discussion on where Oma`o Care Home was on the maps provided. Chair Figaroa stated he would like to hear more of what Vice Chair Gegen has to say, but asked what the significance of the property is. Ms. Sadora explained the letter that was received just stated that the valley floor and Poele' ele Stream runs through it, and used to have lots of macadamia nut trees, but now it is mostly Guinea grass. The person who submitted the letter just feels it is a good area that can be used for grazing, conservation land, walking and bike paths, etc. ; it is currently being leased by David Palama who grazes cows there.